Opinion: Why the birthplace of the Western #Apache religion shouldn’t be destroyed by a #CopperMine
by Luke Goodrich
February 6, 2024·
"A federal court is poised to decide whether a #NativeAmerican#sacred site will be destroyed by a massive #copper#mine. Mining proponents claim that destroying the #SacredSite is necessary for the development of #GreenEnergy. That claim is both factually wrong and morally repugnant. And recent polling shows that the vast majority of Americans agree with what the constitution requires: #Native sacred sites deserve the same protection as all other houses of worship.
"Since before European contact, #WesternApache and other Native tribes have lived and honored their #Creator at #OakFlat, or 'Chi’chil Bildagoteel.' The site is the birthplace of Western Apache religion and the site of ancient religious ceremonies that cannot take place anywhere else. Because of its religious and cultural significance, Oak Flat is on the National Register of Historic Places and has been protected from mining and other destructive practices for decades.
"That changed in 2014, when several members of Congress, supported by #corporate#mining#lobbyists, slipped an amendment into a must-pass defense bill authorizing the transfer of Oak Flat to a foreign-owned mining giant. That company, #ResolutionCopper, announced plans to obliterate the sacred ground by swallowing it in a mining crater nearly two miles wide and 1,100-feet deep, ending Apache religious practices forever. That was no surprise given the company’s sordid history dealing with #IndigenousPeoples. The majority owner of Resolution Copper is #RioTinto (the world’s second largest mining company), which sparked international outrage in 2020 when it destroyed a 46,000-year-old rock shelter with some of the most significant #Aboriginal artifacts in all of #Australia.
"The Apache and their allies, represented by my firm, the #BecketFundForReligiousLiberty, have been fighting in court to ensure that such an atrocity won’t repeat itself at Oak Flat. After initial court rulings against the Apache, a full panel of 11 judges at the Ninth Circuit Court of Appeals reheard their appeal last spring. A decision on whether the government can execute the land transfer is expected any day.
"Resolution Copper and its backers want the public to believe that building the mine is essential for developing #renewable energy. Extracting the copper beneath Oak Flat, they say, will help to build batteries necessary for powering #ElectricVehicles and thus fight #ClimateChange. In other words, we have to destroy Oak Flat in order to save the planet.
"These claims, however, are false — and they are specifically designed to obscure the physical and cultural destruction the project would wreak on the land.
"The mine will destroy the #environment, not save it. It is undisputed that the mine will swallow the ecologically diverse landscape of Oak Flat in a massive crater, decimating the local #ecosystem. It will also leave behind approximately 1.37 billion tons of '#tailings,' or #MiningWaste, which, according to the government’s own environmental assessment, will pollute the #groundwater and scar the landscape permanently. And the mine will consume vast quantities of water at the time it is most needed by drought-stricken towns and #farmers.
"Supporters of the mine are also at odds with the majority of Americans. According to this year’s Religious Freedom Index, an annual survey conducted by Becket, 74% of Americans believe that Native sacred sites on federal land should be protected from mining projects, even when the projects are purportedly pro-jobs and pro-environment.
"That conclusion is both sensible and humane. America can transition to renewable energy without blasting the cradle of Western Apache religion into oblivion. And it should. For too long, our nation has made excuses for taking advantage of #IndigenousPeople and their land. Indeed, our nation drove the Western Apache off Oak Flat and surrounding lands in the 1800s precisely to make way for #MiningInterests. It shouldn’t repeat that #injustice again.
"It is past time to protect Indigenous sacred sites from further destruction. Basic fairness and our constitutional commitment to religious freedom require no less. And, happily, most Americans agree."
The defense for three activists from #FirstNations argues abuse of process by security forces around the pipeline construction site, as the U.N. and Amnesty International allege excessive force, surveillance and #criminalization of land defenders.
By Keerti Gopal
January 24, 2024
"The trial of three Indigenous land defenders arrested at a pipeline construction site on #unceded#Wetsuweten First Nation land was adjourned until spring on Friday, as the court looks into potential abuses by Canadian police.
"In the Supreme Court of British Columbia in Smithers, B.C., the trial is the latest development in the nearly 12-year fight against the Coastal GasLink natural gas pipeline in the Canadian province.
"Land defenders #Sleydo’ #MollyWickham, #ShayLynnSampson and #CoreyJocko were found guilty of criminal contempt earlier this month, with Justice Michael Tanmen ruling that they broke a court injunction forbidding them from blocking access to construction for the Coastal GasLink pipeline.
"But immediately following the verdict, Tanmen began a week-long hearing to listen to the three individuals’ abuse of process applications, which allege that their Charter rights were violated during their arrests and detentions. During the hearing, the defense argued to stay the charges based on these applications, citing excessive force, aggressive behavior, offensive language and mocking by police.
"In Canada, the abuse of process doctrine allows courts to stay, or postpone, a proceeding on the grounds that some element of the process was unfair, and might undermine the legal system. In this case, the abuse of process application focused on treatment during and after arrests.
"The trial began on Jan. 8 and consisted mainly of witness testimony and evidence gathered in November 2021, during one of four major police raids at the pipeline between 2019 and 2023. The evidence included videos from social media and other videos taken by officers from the Royal Canadian Mounted Police, Canada’s national police service.
"The videos, and testimony from witnesses, including #RCMP officers, detailed the police using dogs and firearms and wielding chainsaws to cut down the doors of a cabin where Sleydo’ and Sampson were arrested. Jocko was arrested in another small structure close by.
"The activists allege police used excessive force to break down the doors and used offensive language, showing videos in which officers described arrestees as 'orcs' and 'ogres.' The abuse of process hearing will likely restart in June.
"Chief Na’Moks, a Wet’suwet’en Hereditary Chief and prominent advocate against the pipeline, said that the trial may serve as a template for future legal battles across Canada, where several other pipeline projects are underway.
"'This is going to affect everything else that happens, not only in #BritishColumbia but in #Canada,' Chief Na’Moks said last week. “This is the template that they want to use...and the harassment and constant abuse of #HumanRights has to stop.”
"Wet’suwet’en hereditary leaders have opposed #pipeline construction through their traditional territory since before the #CoastalGasLink pipeline project was first proposed. In December 2018, the B.C. Supreme Court issued an interim injunction to the company, which prohibited anyone from blocking pipeline access roads or work sites. A year later, on Dec. 31, 2019, the court granted a permanent injunction for the duration of the project.
[...]
"Last month, Tammen determined there was sufficient evidence to convict three #Indigenous#LandDefenders — Sleydo’ Molly Wickham, Shaylynn Sampson and Corey Jocko. They were arrested the day after Dennis and later charged with criminal #contempt. Hearings have begun into an application by the defence to stay the charges based on police conduct during the arrests.
"#ChiefDstahyl’s arrest took place in October 2021, after a series of interactions with Coastal GasLink workers and security contractors on the Shea Forest Service Road on Likhts’amisyu Clan territory.
"During those interactions, Dsta’hyl and others blocked access to a work camp and 'seized and rendered inoperable' multiple pieces of machinery belonging to Coastal GasLink contractors by cutting electrical wires and removing batteries, according to evidence presented during the trial.
"When Dsta’hyl was arrested, he had four batteries from heavy machinery in the back of his pickup truck, the judge said.
"'There is little dispute concerning the basic facts,' Tammen said, noting that video evidence documenting the incidents was presented during the trial.
"'Chief Dsta’hyl, acting as an enforcement officer for the Likhts’amisyu Clan, participated in the decommissioning of a piece of heavy equipment owned by a CGL subcontractor on Oct. 17, 2021. That action consisted of removing the battery from the equipment, an excavator, thus rendering it inoperable.'
"Witnesses for the defence included other #Likhtsamisyu Chiefs, who described the Wet’suwet’en traditional clan system and its role in governing the traditional territory. Among the Chiefs’ duties is preservation and protection of the traditional territory, or #yintah, Tammen said.
"Tammen also summarized the Wet’suwet’en law of trespass, something described in detail by defence witnesses, saying permission is required to access territory belonging to a house group 'beyond just passing through it.'
[...]
"Criminal contempt penalties can include fines or imprisonment. Sentencing has been set for 9 a.m. on March 6."
"On this week’s #MakingContact, we bring you a special encore of an episode that first aired in June. We’ll hear an extended interview with #IveyCamilleManybeadsTso, a #queer#Diné filmmaker and director of the award-winning #documentary Powerlands.
Good piece on #Vaping. It’s definitely widespread at #UK schools. Many children start in Year 7, when they are 11 or 12, and by Year 8 “everyone does it”.
Disposable vapes are bad for children and for environment too. The #Lithium in them makes them a waste hazard, and Lithium mining has high environmental and social costs - if at all, it should be used for #EVs and medicine, not vaping. Typical of our shitty government that they were given go-ahead 1/4
"Indigenous peoples are approximately 5% of the world’s population, manage at least 25% of the world’s land surfaces, 40% of the world’s protected areas, and steward about 80% of the world’s #biodiversity."
feat. interventions @ the #UN Permanent Forum on #Indigenous Issues