Canada
First Nations versus TAR
SANDS industry
human rights & treaty rights
The Alberta tar sands industry severely
impacts on Canada's indigenous 'First Nations' in many ways, and violates
both their treaty rights
and basic human rights. The
proposed 3 times expansion of production - with Shell's new projects being
examples, will increase these impacts. In response the First Nations are
trying to get court hearings to defend their treaty rights against the tar
sands industry and the Alberta and Canada Conservative governments (who
are very pro extractive industries), but are continually rebuffed before
they can get the proper hearings they should by rights get.
Also the First Nations in British Columbia are fighting against the
proposed Northern Gateway tar sands pipeline and associated tanker route
from Alberta Eastwards to the Pacific Ocean (for the China market). The
pipeline route transgresses their land and rivers (and would inevitably
leak and pollute these), and the tanker route threatens pollution of
important marine resources.
North America's First nations are
also campaigning and rallying under the recent Idle
No More banner (hashtag: #idlenomore).
The UK Tar Sands Network posts
updates on these battles - and their useful 'Tar Sands and Indigenous
Rights' briefing pdf can be downloaded from http://www.no-tar-sands.org/resources/. Also read their 'Get the (S)Hell
out of the Tar Sands' http://www.no-tar-sands.org/campaigns/get-the-shell-out-of-the-tar-sands/
The web-page here collates links to some relevant articles. Others are
distributed over the news-blog on my tar sands home-page &/or on my
tar sands links page.
But first a paragraph of background info:
This green section is copied from my
Tar Sands home page:
The
most
important impacts of the Tar Sands oil
industry come under 3 main headings: 1. Ecocide (a crime under proposed
international
law):
due
to the extensive loss and damage to habitat, wildlife and environment,
including extensive
pollution;
2. Huge
carbon
footprint,
from both high emissions and loss of carbon sinks; 3. Re
social
justice:
the flouting of legal
treaty rights of the indigenous
peoples,
also of their basic
human rights for freedom from ill-health
and death from industrial causes (e.g. pollution-induced cancers).
Of course: impacts under heading 1.
strongly impact on 3.
Melina Laboucan-Massimo, a member
of the Lubicon Cree First Nation, privides an excellent 22april15 update
here from her first hand experience:
'Awaiting
justice Indigenous resistance in the tar sands of Canada' in
openDemocracy.
Jennifer Huseman (working with
e.g. Damien Short) has researched
in depth especially on impact 3 and has written several papers on this big
topic, e.g.:
‘A
slow industrial genocide’ tar sands and the indigenous peoples of
northern Alberta Jennifer Huseman & Damien Short -
The International Journal of Human Rights, Vol. 16, No. 1, January 2012,
216–237 - here uploaded to Academia.edu.html
Extreme
Energy as Genocidal Method Tar Sands and the Indigenous Peoples of
Northern Alberta Jennifer Huseman & Damien Short -
Extreme Energy Initiative research paper - here uploaded to
Academia.edu.html
Throwing
petrol on a fire the human and environmental cost of tar sands
production Jennifer Huseman & Damien Short 2011 CAB
Commonwealth Advisory Bureau - here uploaded to Academia.edu.html
NB: see EEI - Extreme Energy
Initiative 'A unique academic forum that
concentrates specifically on the effects of unconventional fossil fuel
extraction on society and the environment' Website: http://extremeenergy.org/ -
Includes
tar sands and fracking etc. London-based.
http://extremeenergy.org/ -
Extreme Energy Initiative of Human Rights Consortium (linked to University
of London). Dr.
Damien
Short is the Director of the Human Rights Consortium and Senior Lecturer
in Human Rights at the Institute of Commonwealth Studies -
http://research.sas.ac.uk/search/staff/113/dr-damien-short/
and his work e.g. with Jennifer Huseman includes Alberta tar sands. E.g.:
Paper by Jennifer
Huseman
and Damien Short: 'Extreme
Energy As Genocidal Method: Tar Sands and the Indigenous Peoples of
Northern Alberta' - Extreme Energy Initiative http://extremeenergy.org/2013/03/05/extreme-energy-as-genocidal-method-tar-sands-and-the-indigenous-peoples-of-northern-alberta/
Also we are lucky to have here in
North-West England a research student at Lancaster
University Law School - John Pearson - who is writing a PhD thesis on human
Rights law of the indigenous peoples affected by the tar sandsindustry in
Alberta, Canada. I look forward to reading his work when it becomes
available and will link to it here.
Please sign this Government e-petition 'Britain
to be complicit no more with tar sands':
http://epetitions.direct.gov.uk/petitions/46488 - created by Steve Rushton
Article by Steve Rushton associated with this petition: http://steve-rushton.co.uk/complicit-no-more-in-tar-sands/ feb2013
Article
refs with links:
Jump to More recent news
International Journal of Human Rights
Special Issue Corporate Power & Human Rights School
of Advanced Study, University of London http://www.sas.ac.uk/hrc/projects/corporate-power/ijhr-special-issue-corporate-power
Extreme
Energy
As Genocidal Method Tar Sands and the
Indigenous Peoples of Northern Alberta Extreme
Energy Initiative 5mar13 http://extremeenergy.org/2013/03/05/extreme-energy-as-genocidal-method-tar-sands-and-the-indigenous-peoples-of-northern-alberta/
No
Tar Sands UK Tar Sands Network
Get the (S)Hell out of the Tar Sands http://www.no-tar-sands.org/campaigns/get-the-shell-out-of-the-tar-sands/
(2)
HumanRightsUniLondon
(HRC_News) on Twitter https://twitter.com/HRC_News
Opinion_Nov11
http://www.commonwealthadvisorybureau.org/fileadmin/CPSU/documents/Publications/Opinion_Nov11.pdf
Chiefs Declare Keystone XL Consultation Meeting Invalid, Walk Out on State
Department Officials - ICTMN.com 17may13 http://indiancountrytodaymedianetwork.com//2013/05/17/chiefs-declare-keystone-xl-consultation-meeting-invalid-walk-out-state-department
http://www.no-tar-sands.org/2013/05/indigenous-communities-oppose-extreme-energy-at-shells-agm/
c.1may13 Good news: (see UKTSN tweet today) http://www.albertacourts.ab.ca/jdb_new/public/ca/2003-NewTemplate/ca/Civil/2013/2013abca0148.pdf
**
Indigenous
rights are the best defence against Canada's resource rush - First
Nations
people – and the decision of Canadians to stand alongside them – will
determine the fate of the planet
Martin Lukacs 26apr13 http://m.guardian.co.uk/environment/true-north/2013/apr/26/indigenous-rights-defence-canadas-resource-rush?CMP=twt_gu
[25-Mar-13] Council of Canadians and CEP join Nishiyuu walkers in
solidarity today, Budget attempts to extinguish Aboriginal land and title
to ease oil expansion
http://canadians.org/media/other/2013/25-Mar-13.html#.UVCXFlvYMlg.twitter " ... the recent federal budget
contains continued efforts to extinguish Aboriginal land and title, which
is among the key issues that sparked Idle No More and the Journey of
Nishiyuu in the first place. Because it is protected under Section 35 of
the Constitution, Aboriginal land & title is a key obstacle to oil,
gas and mining companies keen on relentless expansion at the expense of
Indigenous peoples, workers rights, and the environment."
'Heavy is the Head That Wears the Crown: Tar Sands Expansion May
Violate Crown's Legal Obligation to First Nations' Carol Linnitt, 11sep12
in DeSmogBlog via T by PlatformLondon RT John Pearson
http://www.desmogblog.com/2012/11/09/federal-review-panel-refuses-consider-first-nations-constitutional-rights-shell-jackpine-hearing-violates-duty
ACFN 'Today
the
Athabasca Chipewyan First Nation (ACFN) will argue in the Alberta Court of
Appeal that Shell
Canada’s
proposed Jackpine Mine expansion is
in
violation of their Constitutional rights and represents a failure on
behalf of the federal government to uphold their legal duty to consult
(DTC).'
'Throwing petrol on a fire: the human and environmental cost of tar sands
production' by Jennifer Huseman and Damien Short - Nov2011 - for CAB
Commonwealth Advisory Bureau - Institute of Commonwealth Studies
http://www.commonwealthadvisorybureau.org/fileadmin/CPSU/documents/Publications/Opinion_Nov11.pdf
"In this opinion piece, independent
researcher Jennifer Huseman and Senior Lecturer in Human Rights in the
Institute
of Commonwealth Studies, Dr Damien
Short, examine Canada’s tar sands oil industry and its effect on
indigenous
communities. They describe how the
industry ‘externalities’ of environmental degradation and pollution are
seriously
affecting the health of indigenous
communities and threatening their physical and cultural survival.
Furthermore..."
'The Beaver Lake Cree Nation's
legal challenges' - pdf by Co-op - under heading "Stop toxic fuels
expansion now"
http://www.co-operative.coop/upload/ToxicFuels/docs/blc_legalchallenge.pdf
"... the ancestors of the Beaver Lake
Cree signed Treaty 6 with
representatives of the Queen in 1876"
'Alberta Tar Sands Illegal under Treaty 8, First Nations Charge' by
Kristin Moe — YES! Magazine 17oct12
http://www.yesmagazine.org/planet/alberta-tar-sands-illegal-treaty-8-first-nations-shell-oil?ica=Tweet&icl=ShareBar_Art_UR
"In 1899, First Nations in northern Alberta signed a treaty with Queen
Victoria that enshrined their right to practice traditional lifeways. Today,
it’s the basis for a legal challenge to Shell Oil’s mining of tar sands." Shows map of ?1900.
David Suzuki: ‘Does
Nature Belong in Canada's Charter?’ 16jan13 http://www.huffingtonpost.ca/david-suzuki/david-suzuki_b_2482517.html D.S. writes:“Getting
the
right to a healthy environment enshrined in Canada's Constitution won't
be easy. We're headed in the opposite direction, with environmental
protections and laws being rolled back or gutted, mostly in the name of
keeping us tied to a resource-extraction economy [such as tar sands].
And despite our country's abundant water, many people, especially in
First Nations communities, don't have access to clean drinking water.”
[]= my addition - taking from text elsewhere in the article.
Indigenous chief Canada trying to
muscle EU on tar sands 18mar13 EurActiv - Bill
Erasmus
is regional chief of the Assembly of First Nations and the national chief
of the Dene, a Canadian indigenous group. He spoke by phone from Germany
to EurActiv’s Marc Hall. This interview was edited into a shorter form.
http://www.euractiv.com/climate-environment/indigenous-chief-canada-eu-tar-s-interview-518526?utm_source=EurActiv%20Newsletter&utm_campaign=9495267c62-newsletter_sustainable_development&utm_medium=email
But you as indigenous peoples have
rights over that land…
The
other
point is that as indigenous peoples we are nations, in a country called
Canada, and we have agreements with the Crown, with the British crown. I
have a copy, for example, of treaty number 11 which happened in June of
1921 and this treaty is between our people, the Dene, and King George V.
The agreement that we have with the Crown supersedes the authority that
the federal government in Canada has or the provincial government. And we
took these treaties to court.
The
other
treaty that we’re a part of, which is right where the tar sands are, is
treaty number eight. We proved in court that these are peace and
friendship instruments. They are international instruments. They
perpetuate the right that we’ve always had. In other words, as people that
were never conquered or never defeated in war, the resource belongs to us.
So the oil actually belongs to our people.
I
live approximately 800-900 miles north of where it’s extracted and so
we’re downstream. I’m a member of the Yellow Knife Dene, which is the
tribe that I’m a part of, but the toxins and the destruction that I talked
about occur all the way down the Mackenzie valley and into the Beaufort
Sea and then going into the circumpolar world. So this is a global issue,
that global waters are being polluted. So this is an international issue
that Canada needs to address. So we bring this to the world.
-------------------------------------------------------------------------------------------------
Nick Clegg: 'Human rights: we won't
be silent - Britain
must
not step back from its historical commitment to human rights for the sake
of commercial expediency' Nick Clegg Comment is
free The Guardian 15apr13 http://www.guardian.co.uk/commentisfree/2013/apr/15/human-rights-at-a-fork-in-the-road?CMP=twt_gu
"Today
the Foreign
and
Commonwealth Office publishes its 2012 Human
Rights and Democracy report. It is the yearly indicator of the UK's
commitment to raising human rights standards and stamping out abuses
wherever they occur – from Syria to Afghanistan, Saudi Arabia to the DRC."
- But will Clegg be silent for commercial expediency over
plight of Canada First nations re Tar Sands industry? https://www.gov.uk/government/news/2012-annual-human-rights-and-democracy-report
Justin Trudeau wins Leadership of
the Liberal Party of Canada - he's apparently against the Northern Gateway
pipeline but for the CNOOC deal (which seems somewhat contradictory to me).
In his acceptance speech he referred to the long walk showing that First
Nations will be 'Idle No More':
VIDEO Justin Trudeau’s acceptance speech - Justin Trudeau "Watch
Justin’s
speech at the 2013 LPC Leadership Announcement in Ottawa on April 14
2013." https://justin.ca/video-justin-trudeaus-acceptance-speech/
11:25 "We've met aboriginal leaders from all across the country, from
Kamloops to Whapmagoostui, with the courage to walk 16 hundred kilometres
through the teeth of a Canadian winter to make the point that they will be
'Idle No more'." [Whapmagoostui in Northern Quebec is location where
The Journey from #Nishiyuu started]
http://www.huffingtonpost.ca/2013/03/25/nishiyuu-journey-ends-ottawa-harper-pandas_n_2950643.html?utm_hp_ref=canada-impact&ncid=edlinkusaolp00000008
"A
handful of politicians were in attendance to greet the group, including
Green Party leader Elizabeth May and NDP leader Tom Mulcair. Charlie
Angus, the NDP MPwhose
blog
about the deplorable conditions in the Cree community of Attawapiskatwent
viral,
was also in attendance."
Nishiyuu A movement of Cree youth who voted with their feet - The
Globe and Mail - 25mar13
http://www.theglobeandmail.com/news/politics/nishiyuu-a-movement-of-cree-youth-who-voted-with-their-feet/article10327993/
http://canadians.org/media/other/2013/25-Mar-13.html#.UVCXFlvYMlg.twitter
[25-Mar-13] Council of Canadians and CEP join Nishiyuu walkers in solidarity
today 25mar13
'The Journey of Nishiyuu' http://nishiyuujourney.ca/
'Supreme Court of Canada denies Athabasca Chipewyan First Nation Appeal on
Jackpine Mine Expansion' - 11apr13 http://acfnchallenge.wordpress.com/2013/04/11/1920/
Complicit No More in Tar Sands » Steve Rushton feb13 http://steve-rushton.co.uk/complicit-no-more-in-tar-sands/
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More recent news
http://www.raventrust.com/beaverlakecree.html
Highlighting human and
environmental cost of Canada's energy policy with Healing Walk through oil
sands The Vancouver Observer 6jul13 http://www.vancouverobserver.com/environment/healing-walk-brings-focus-albertas-oil-development-costs-photos
Canada's tar sands project becomes focus of 'healing walk' by
activists Environment guardian.co.uk 1jul13
http://www.guardian.co.uk/environment/2013/jul/01/canada-tar-sands-project-healing-walk
** Deadly Quebec Oil
Train Disaster and Athabasca River Spill On Same Day as Tar Sands Healing
Walk DeSmogBlog 6jul13 http://www.desmogblog.com/2013/07/06/deadly-quebec-oil-train-disaster-and-athabasca-river-spill-same-day-tar-sands-healing-walk
Happy Canada Day Learning about Treaties in tar sands
territory The Vancouver Observer 1jul13 Emma Pullman http://www.vancouverobserver.com/opinion/happy-canada-day-learning-about-treaties-tar-sands-territory
* Lubicon Lake Nation Files Aggressive 700 Million Dollar
Lawsuit Against Canada 10jun13
http://www.briefingwire.com/pr/lubicon-lake-nation-files-aggressive-700-million-dollar-lawsuit-against-canada via
Gwen Harrison RT
Athabasca Chipewyan spokeswoman
[Eriel Deranger] calls tar sands expansion policies cultural
genocide The Vancouver Observer 7jun13 http://www.vancouverobserver.com/environment/athabasca-chipewyan-spokeswoman-calls-tar-sands-expansion-policies-cultural-genocide
*** Indigenous communities put the heat on Shell! No Tar Sands UK Tar Sands
Network 22may13 http://www.no-tar-sands.org/2013/05/indigenous-communities-put-the-heat-on-shell/ Shell AGM
*** The
Beaver Lake Cree Judgment The Most Important Tar Sands Case You’ve
Never Heard Of DeSmog Canada 24may13 http://www.desmog.ca/2013/05/23/beaver-lake-cree-judgment-most-important-tar-sands-case-you-ve-never-heard