A Case for Prioritizing Empathy in Climate Change Policy

person walking on dry soil during daytime

24 July 2022 – Sara Sam-Njogu

Over the past few decades, it appears that meaningful international action towards mitigating climate change has been hard to come by. Even less ground has been covered when addressing the increasingly prevalent issues around climate migration. If no action is taken, the World Bank estimates that more than 143 million people will be displaced by 2050 – largely impacting the most marginalized and disadvantaged global communities.[1]

Climate change is defined as a “wicked problem” – so vast and complex that it seems impossible to resolve due to the multiple interdependent factors at play.[2] However, one simple overarching principle is necessary if we, as an interdependent world, are to bring about justice for those affected and displaced by climate change: empathy.

Why Should Policymakers Apply Empathy?

Applying empathy to climate change policy is a fundamental starting place [3], especially if world leaders hope to move beyond the political tug-of-war to establish long-term climate justice. Without it, they are likely to develop approaches that only benefit countries in the Global North in the short-term.[4]

There is a surprisingly simple theoretical concept that could be used by world leaders to apply empathy in their decisions on climate change policy. This concept is so intuitive that my daughters use it without any prompts. When they pull the last coveted cookie from the jar, they instinctively understand the fairness in one of them cutting the cookie while the other chooses which half to take. When she who holds the knife doesn’t know which half she will get, she is incentivized to make the split as even as possible. Cut the left side larger, and she is sure to be stuck with the smaller right side when her sister gets the first pick.

This basic concept has been the subject of the late 20th century political philosopher John Rawls, who defines it as the “original position”[5]. Rawls believed that when dealing with a specific issue, the decision maker is behind a “veil of ignorance”, because when determining the most effective path forward they are not sure which end of the policy they will ultimately be on, nor the timeframe over which the issue may occur. Cut the cookie unequally, and they could be left with  the smaller half once the veil is lifted and their position is revealed.

When it comes to climate change in particular, the veil becomes so opaque that it even obscures important external factors. This is especially true when considering the extent to which various geographical regions will be affected by climate change, despite recent advancements in scientific models which can predict these factors[6]. So how might the effects of climate change develop over time?

Looking Beyond the Veil

With these unknown issues at play, the application of Rawls’ thought experiment becomes somewhat more clear. Climate policy makers represent different countries from around the world, with some of those countries being destinations for migrants, while others are the heavily affected locations those migrants must leave behind. As they come together, these policy makers  are faced with a question they have never comprehensively addressed: under what circumstances should migrants whose own home countries have been made unlivable as a result of rising sea levels, unbearable temperatures, or drought be allowed entry into lesser-affected countries?

Immigration is a heated political topic for many countries in the Global North, including the United States [7], with policymakers facing intense scrutiny from all sides. In order to apply Rawl’s original position framework, the policymaker has to decide on an appropriate policy without truly knowing which position they will occupy – either at present or in the future. While it might seem politically desirable for the receiving country to limit climate-induced migration, the decision maker might find that once the veil is lifted, they may also be in the same position as the migrant at some point in time. Placing oneself on both sides of the situation, especially before adopting any appropriate policies, is crucial to achieving a just result.

Further complicating this dilemma are the inherent quirks within the human response of empathy. For one, humans have a tendency to worry more about today than tomorrow, even though our children will live in the tomorrow which we shape.[8] Moreover, we paradoxically feel more moved to help a single person in need, but when large groups of people are in danger, our empathy and compassion can “collapse”.[9] Ultimately, this could mean that climate change decision makers are working against their own natural impulses. They are tasked with establishing policy to protect populations in the long-term, which in the Global North can be perceived as protecting large, faceless groups of people from other parts of the world.

However, studies have shown some success in overcoming this empathy gap, mainly by viewing climate change through a political lens, as opposed to a purely scientific one.[10] This feels unsatisfying, because many believe the biggest barrier to meaningful progress is precisely a political one.[11] It is far from clear how to overcome this political will issue but the answer lies at the heart of pushing toward empathetic policy.

Undoubtedly, world leaders will always prioritize the countries they represent in these policy decisions, but all of humanity would be better served if these leaders sought out more empathy-based solutions. Although it is mostly those in the Global North who occupy habitable environments today, if the veil right in front of them is lifted, they may find that it is themselves who also need to seek a new home tomorrow.

Found this article interesting? Make sure to listen to our interview with Queer Black Feminist Alicia Wallace on the Intersectionality of Climate Change.


Sara Sam-Njogu is a second year law student at Western New England University School of Law. She is a clinician in the International Human Rights Clinic where she studies climate change, climate migration, and how corporations interact with these important issues. Prior to law school, Sara worked in sales and marketing strategy for consumer goods manufacturers. She lives in Longmeadow, MA with her husband and two daughters.


References

[1] https://www.worldbank.org/en/news/infographic/2018/03/19/groundswell—preparing-for-internal-climate-migration. Retrieved 12 April 2022.

[2] https://thewire.in/environment/climate-change-wicked-problem. Retrieved 10 July 2022.

[3] https://blog.oup.com/2021/07/why-climate-change-education-needs-more-empathy/. Retrieved 12 April 2022.

[4] https://carnegieeurope.eu/2021/10/06/how-deep-is-north-south-divide-on-climate-negotiations-pub-85493. Retrieved 12 April 2022.

[5] Stanford Encyclopedia of Philosophy, John Rawls, 4.6, https://plato.stanford.edu/entries/rawls/#OriPos; Davies, Ben. “John Rawls and the ‘Veil of Ignorance.’” In INTRODUCTION TO ETHICS: AN OPEN EDUCATIONAL RESOURCE, 92–97. Golden West College, Huntington Beach, CA: NGE Far Press, 2019, https://open.library.okstate.edu/introphilosophy/chapter/john-rawls-and-the-veil-of-ignorance/. Retrieved 10 July 2022.

[6] https://aambpublicoceanservice.blob.core.windows.net/oceanserviceprod/education/pd/climate/factsheets/howreliable.pdf. Retrieved 12 April 2022.

[7] https://www.cfr.org/backgrounder/us-immigration-debate-0. Retrieved 12 April 2022.

[8] https://www.washingtonpost.com/outlook/2019/08/22/caring-about-tomorrow/. Retrieved 12 April 2022.

[9] https://www.theatlantic.com/international/archive/2018/10/indonesia-tsunami-compassion-collapse/572431/. Retrieved 12 April 2022.

[10] https://www.elevatescientific.com/time-to-move-on-from-the-information-deficit-model/. Retrieved 12 April 2022.

[11] https://time.com/6165094/ipcc-climate-action-political-will/. Retrieved 10 July 2022.

Vanishing Cities: How Bangkok is Sinking into the Sea

A Buddhist temple on the banks of the Chao Phraya river.

This thesis was submitted to the Western New England University School of Law in 2022 – by Ashley Rivera

Abstract

The city of Bangkok is sinking into the ocean at an alarming rate. Some parts of Bangkok are facing sinkage rates of between one to two centimeters a year, and the sea level rises up to four millimeters each year. A combination of climate and infrastructure crises is causing families to be displaced and entire villages destroyed. Extreme measures must be taken to preserve what is left of the Thai capital. If not, the city is sure to vanish.



Ashley Rivera is a law student at Western New England University School of Law, where she has a great interest in environmental and human rights law, and hopes to practice in these fields upon graduation. She is co-founder and co-president of the Environmental Law Coalition, where she teaches other students about sustainability, activism, and other ways to get involved in environmental protection. Ashley believes that human rights and environmental justice go hand-in-hand as humans have a right to live in an environment free from toxic pollution, and access to the natural resources needed to survive and prosper.


No edits have been made to maintain the author’s tone of voice.

Was this thesis interesting? Make sure to check out our article on Jakarta: the world’s fastest-sinking city.

Climate Change and Flooded Cities: A Tale of Human Ingenuity

This thesis was submitted to Western New England University School of Law in 2022 – by Brendan McCarthy

Abstract

We must redesign our coastal cities to mitigate the damage caused by increased storm frequency and severity. To do so, we must elevate environmental urban planning to the forefront of urbanization, so that we are able to adequately mitigate the resulting damage caused by rising sea levels, more powerful storms, and coastal flooding.

Did you enjoy reading this thesis? Make sure to read our article on floods in Bangladesh and beyond.


I am a rising 3L at the Western New England University School of Law with an interest in practicing environmental law upon graduation. Due to this interest, I helped revive the dormant Environmental Law Coalition to bring environmental awareness and sustainability to the forefront of conversation at the school. I graduated from Fairfield University with a double major in Environmental Studies and American Studies, and my time at Fairfield helped solidify my desire to work in the environmental field. I possess a strong belief that the protection of our natural world is necessary to promote human health and wellbeing, and I aim to strengthen these protections as I embark on my legal career.


No edits have been made to maintain the author’s tone of voice.

Legal Protection for Climate Refugees under the Principle of ‘Loss and Damage’: A Case Study of South Asia

This thesis was submitted to SOAS in 2021 – by Ayesha Shingruf

Abstract

The onset of extreme weather events is creating drastic challenges for people around the world. Studies have shown strong links of climate change with the displacement of people, suggesting that the world will experience unprecedented levels of climate refugees. Because of the increase in the severity and frequency of intense weather conditions, refugee movements will be seen both internally and across international borders. This poses a serious question within international and domestic laws for their ability to offer protection to those displaced by climate change. By offering a case study of South Asia – a region containing some of the world’s most vulnerable countries to climate variability – this paper examines regional laws and policies as well as specific international principles as they relate to refugees. In particular, this research looks at the potential of the Warsaw International Mechanism (WIM) for Loss and Damage to arrive at possible pathways to safeguard rights for climate refugees. Using a human rights based-approach, this paper maintains that the principle of loss and damage will create channels for legal protection to those fleeing their homes due to the harsh changes in their environment.


What inspired you to write and research this piece?

I was born and raised in Lahore, Pakistan. For years, urban cities in Pakistan have consistently ranked as being the most polluted in the world, and some regions have experienced intense flooding and heatwaves. Similar patterns can be seen in India and Bangladesh as well. South Asia is collectively suffering the consequences of this global crisis on its agriculture, economy, human health, and livelihoods as we speak. There is a sense then, of people wanting to move to a different place to live a healthier and safer life. Those who pay attention to this crisis know that migratory movements caused by climate change are already occurring. Unfortunately, such movements will only increase in severity owing to the rise in temperatures coupled with regional conflicts. I wanted to address the fact that there is an absence of legal tools that can offer protection to climate refugees, and explore different frameworks that would help in safeguarding their human rights.

What impact do you hope this research will have?

There is minimal literature and discourse on climate refugees within the context of South Asia. This is alarming because the region is one of the most vulnerable to the impacts of climate change. My only hope is that this drives significant conversation so that attention is paid to this looming threat. This is a collective fight, and a lot of research needs to be carried out to arrive at efficient policies for climate refugees. I look forward to students and academics exploring more pathways that can legally aid climate refugees in the future.


Ayesha Shingruf is a research fellow in climate change education and sustainability at Nottingham Trent University. She is interested in exploring the interplay of climate change, migration, and conflict. Ayesha completed her postgraduate degree in human rights law from SOAS, University of London. In her free time, Ayesha enjoys yoga, surfing, trying new foods, and reading a lot of poetry.


No edits have been made to maintain the author’s tone of voice.

A Country in ‘Fight and Flight’ – Analysis of the Challenges of a Hybrid Adaptation Policy for the Republic of Kiribati

This thesis was submitted to the University of Sussex in 2021 – by Louisa Gaus

Abstract

The influence of climate change on migration flows is a highly disputed topic, furthermore, the discourse about whether migration is a failure to adapt or an adaptive strategy emerges. The Republic of Kiribati has imminent adaptation needs due to the high dependency of the population on local ecosystems for subsistence and income, prevailing development issues, rapid population growth, and projected climate change impacts. The previous and current administrations deployed otherwise opposing adaptation approaches. Namely, ex situ adaptation, which inevitably leads to relocation, and in situ adaptation policies, approaches deployed ‘in the place’ of residence. Nevertheless, the significant negative implications of a sole prioritisation of one of these approaches suggest an alternative policy. This research argues, alongside other scholars, the emergent need for a hybrid adaptation policy. The aim is to answer the question if in situ and ex situ adaptation approaches can be harmonised or are due to their inherent characteristics incompatible in practice, and, from a practical perspective, what challenges such a hybrid adaptation policy encounters. The findings suggest that, in theory, in situ and ex situ adaptation approaches can be harmonised. However, due to the practical limitations stemming from the economic challenges and the lack of international law frameworks supporting cross-border migration, these adaptation approaches cannot yet be united into a hybrid adaptation policy in Kiribati.


What inspired you to write and research this piece?

In my opinion, the polarized debate about ex situ and in situ adaptation leaves little space for flexible decision-making. This inspired me to explore this what-if scenario of a hybrid adaptation policy practically.

What impact do you hope this research will have?

Hopefully, this research inspires us to think about climate change and migration not as a ‘fight or flight’ situation, but as an issue which is handled with a solution-oriented perspective and flexible short- and long-term planning.


Growing up in a small town in Southern Germany, I was always curious about other parts of the world. In my community, I engaged from a young age in youth work, such as leading a youth group. In 2015, after graduating from school, I underwent a Voluntary Social Year in the Republic of Kiribati. This stay awakened my passion for climate action and working in an international environment. After returning from overseas in 2016, I followed that passion and started studying ‘International Relations’ at the Rhine-Waal University of Applied Sciences. In 2019, I had the opportunity to intern at the Regional Program for Climate Change and Energy Security of the Konrad Adenauer Foundation and the Hong Kong-America Center in SAR Hong Kong.

In my Bachelor’s thesis, which was submitted in 2020, I researched the impacts of climate change on public health. In 2020, inspired by my past experiences and studies, I started my Master’s degree in ‘Climate Change, Development and Policy’ at the University of Sussex and Institute of Development Studies in Brighton, UK. The result thereof is my thesis on adaptation policies in the Republic of Kiribati. Currently, I am interning at the Gesellschaft für Internationale Zusammenarbeit in Berlin, Germany, and am eager to further engage myself in climate action. In my free time, I enjoy climbing, hiking, doing DIY projects (such as cutting my friends’ hair), and playing the violin and the ukulele.


No edits have been made to maintain the author’s tone of voice.

Investing Bilateral and Regional Agreements to Accommodate Climate-induced Migration

blue body of water

This thesis was submitted to the University of Pennsylvania in Spring 2021 – by Rachel Steinig

Abstract

Climate change has already begun causing displacement. This isn’t a new problem: since 2008, an average of 24 million people have been displaced each year by catastrophic weather disasters. There are currently at least 100 million forcibly displaced people worldwide – this is the highest level on record ever. However, climate migrants are not considered refugees under international law, according to the definition of a refugee adopted in the 1951 Geneva Convention on Refugees, and thus lack legal protections. In my thesis I investigated the role of existing bilateral and regional agreements to provide protection and asylum for climate refugees. My research question was: what are the conditions under which states agree to legally binding instruments to accommodate climate-induced migration? I collected nine case studies of bilateral and regional agreements that have either been implemented and have provided protection for climate-displaced persons or have been proposed but never implemented. My study presents somewhat of a grim picture for climate-displaced persons. None of my nine case studies provided a convincing example of the feasibility of using current regional or bilateral agreements to accommodate climate-induced displacement. In addition, most governments proved unwilling to even acknowledge climate displacement as a phenomenon. 



What inspired you to write and research this piece?

Climate-induced displacement will only be increasing throughout time, and the fact that people displaced by climate change are not considered refugees under international law means that an increasing number of displaced people will be without legal protection or remedy. There isn’t a lot of existing research on the intersection of climate change, migration, and international law, so through my study I wanted to contribute to the budding literature on this topic and explore the feasibility of a potential solution to the lack of international legal protections for climate-displaced persons. 

What impact do you hope this research will have?

Climate-included displacement is a phenomenon that will only be increasing in severity throughout time and requires attention and action at the local, national, and international levels. A key takeaway from my study is that there are no easy answers or solutions to climate-displacement, and that countries of destination will likely oppose the acknowledgement of and accommodation of climate-displaced persons. I hope that my study will positively contribute to the literature and that the amount of research on this topic will increase throughout time.


Rachel Steinig (they/she) works with asylum-seekers in Tijuana as a Project Coordinator with the Border Rights Project of Al Otro Lado, a bi-national legal aid nonprofit. They graduated from the University of Pennsylvania in 2021 with a bachelor’s degree in Political Science, a concentration in International Relations, and triple minors in Latin American and Latinx Studies, Spanish, and Modern Middle Eastern Studies.

She spent the summer after graduation volunteering at a migrant shelter on the Mexico-Guatemala border. In July they will be moving to central Mexico to work as a Human Rights Accompanier with the organization Peace Brigades International. They are dedicated to working in solidarity with asylum-seekers to combat the structural racism and violence of our immigration system and to advocate for a world without borders. She plans on working in international human rights law. 


No edits have been made to maintain the author’s tone of voice.

Can the International Criminal Court Prosecute Ecocide?

low-angle photography of tall tress during daytime

27 May 2022 – by Mary Rizk

On 22 June 2021, an international expert drafting panel commissioned by the Stop Ecocide Foundation shared its proposal for a fifth crime under the Rome Statute of the International Criminal Court (ICC). After approximately a year of negotiations, the new legal definition for the term “ecocide” emerged and was highly praised by a number of environmentalists. However, many are concerned about how the crime of ecocide could be prosecuted in practice.

The New Proposed Definition

The panel of international lawyers defined ecocide as “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts”. If the introduction of this definition is welcomed and the efforts to criminalise ecocide are successful, the ICC would effectively be able to hold accountable those responsible for major ecological harms, such as governments and corporations.

The panel described “wanton” to mean: “reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated” and “severe” as: “damage which involves very serious adverse changes, disruption, or harm to any element of the environment, including grave impacts on human life or natural, cultural, or economic resources”. According to Phillipe Sands, who co-chaired the expert panel, the definition catches “the most egregious acts”, such as major oil spills and transboundary nuclear accidents.

The History of Ecocide

The battle for the recognition of ecocide as an international crime has been a lengthy and challenging process. 

The term ecocide was first used in the 1970s, particularly in relation to whether the US was creating an ecocide in Vietnam during the war. In 1970, when speaking at the Conference on War and National Responsibility, Professor Arthur W. Galston suggested that there should be “a new international agreement to ban ecocide”. In 1972, at the United Nations (UN) Conference on the Human Environment, Swedish Prime Minister Olof Palme explicitly described the Vietnam War as an “ecocide”. In 1985, the concept of ecocide resurfaced with a failed attempt to add ecocide to the Genocide Convention. Furthermore, the UN’s International Law Commission decided not to include “environmental crime” as an independent crime in its Code of Crimes against the Peace and Security of Mankind.

In 2016, there was a shift in focus for the ICC, mainly in response to criticism for its unwillingness to investigate major environmental crimes at the time. The ICC’s Office of the Prosecutor, under former ICC Prosecutor Fatou Bensouda, published a policy paper which stated that the ICC would “prioritise” the prosecution of governments and individuals for environmental crimes, such as illegal exploitation of natural resources and land-grabbing.

Challenges in Applying the Ecocide Term

The ICC only has jurisdiction over natural persons, so it does not have jurisdiction to investigate and prosecute corporations. Therefore, where there has been alleged corporate involvement in ecocide, a corporation itself cannot stand before the court because (legally speaking) it is not a natural person. A further hurdle would be which of its corporate officers would be held accountable for the alleged crime of ecocide.

Additionally, a member of the expert panel, Christina Voigt stated that regardless of the exact wording to be adopted by State Parties, altering the Rome Statute to include the crime of ecocide will not be an easy accomplishment. Voigt notes that there will be difficulty in building broader political support and global cooperation around the definition. Thus, it appears that formulating a legal definition is just the first step: a member state needs to propose it to the ICC, thereafter it would need to be approved by a majority of ICC States.  If the law is adopted into the Statute, harming nature or the planet will start to feel similar to harming humans. Nonetheless, the process of debating the definition will most likely take numerous years, while some argue it could take decades.

States such as  France, Belgium, and Canada  have voiced their support for ecocide to be recognised as a crime. However, it is important to note that the world’s top polluters, such as the United States, China, and India, are not members of the ICC.

The ICC is an autonomous and permanent court, established to investigate, prosecute, and try individuals accused of committing the most serious crimes of concern to the international community – namely genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC does not replace national criminal justice systems, it complements them. It can investigate and, where warranted, prosecute and try individuals as a “last resort”, for instance, where proceedings are unduly delayed.

The proposed definition could be a historical development for the entire world as environmental damage is growing dramatically. The existence of “ecocide” will amplify the issue of the environment. If ecocide were to be recognised in international law, corporations, as well as governments, would be held responsible for environmental damage. They would be forced to take the issue seriously and would not escape the consequences without punishment. Immediate action should be taken by including “ecocide” as the fifth international crime against peace.

Did you enjoy reading this piece? Then read our article on why the UK Parliament considered joining an independent expert panel in recommending ‘Ecocide’ as a new crime for ICC.


Mary Rizk is currently undertaking the Bar Professional Training Course at BPP Law School. She holds an LLM from Queen Mary, University of London. Mary has a particular interest in international human rights, criminal, and social justice issues.


More Than a Transaction: Indigenous Land Reconciliation in the US and Australia

green trees near river under blue sky during daytime

4 May 2022 – by Ben Chappelow

In September 2021, after four years of negotiations, Australia’s Queensland government returned four national parks to the Aboriginal Eastern Kuku Yalanji peoples. Spanning some 400,000 acres, these parks include the UNESCO World Heritage-listed Daintree Rainforest – the world’s oldest remaining rainforest.

The Eastern Kuku Yalanji peoples and the Queensland government will jointly manage the land for the foreseeable future. However, the overall goal is for the Eastern Kuku Yalanji peoples to become the sole and autonomous proprietors of their Indigenous land.

“The Eastern Kuku Yalanji people’s culture is one of the world’s oldest living cultures,” says Meaghan Scanlon MP, Queensland’s Minister for Environment, the Great Barrier Reef, and Science and Youth Affairs. “This agreement recognises their right to own and manage their Country, to protect their culture, and to share it with visitors as they become leaders in the tourism industry.”[1]

A month after Australia returned land to the Eastern Kuku Yalanji peoples, the United States (US) government restored full federal protective rights to the Bears Ears and Grand Staircase-Escalante monuments in southern Utah.[2] The previous administration, which was seeking to extract the land’s fossil fuels, had drastically reduced the size of the Bears Ears monument by up to 85%, as well as halving the area of the protected Grand Staircase-Escalante. This was the single largest rollback of public lands protections in the history of the US. These lands, which span more than 3 million acres, are vital pieces of culture and history for many Indigenous peoples, including the Hopi, Navajo, Uintah and Ouray Ute, Ute Mountain Ute, and Zuni tribes.[3]

What’s more, the US government and local officials continue to bolster protections for Native lands which facilitate the transition of ownership back to Indigenous communities. In December 2020, the Trump administration signed legislation which initiated the relinquishment of more than 18,000 acres of the National Bison Range to the Salish and Kootenai tribes. [4] In October 2021, around five acres of land were transferred to the Rhode Island Narragansett tribe. It was on this same land that the Indigenous Narragansett peoples survived near-annihilation at the hands of English colonisers in 1675.[5]

As a result of land reconciliation, not only can Indigenous communities return as rightful owners of their Native lands, they can also improve local environmental protection efforts.

The Positive Impacts of Land Reconciliation

For Australia’s Eastern Kuku Yalanji people, reclaiming their land is the first step towards long-term, sustainable social and economic growth.

“Our goal is to establish a foundation to provide confident and competent people with pathways and opportunities for mentoring, training, apprenticeships, work experience, and employment for our Eastern Kuku Yalanji Bama,” says Eastern Kuku Yalanji Traditional Owners Negotiating Committee Member Chrissy Grant. “[The goal is] to fill positions from a wide range of skilled trades, land and sea management, hospitality, tourism, and research so that we are in control of our own destinies.”

The Eastern Kuku Yalanji tribe has lived sustainably on these lands for some 50,000 years. The Kuku Yalanji Aboriginal culture is based on a deep respect for nature, with a heavy dependency on the ecosystem’s natural cycle. Their Indigenous expertise is vital in implementing sustainable conservation efforts, as well as protecting natural resources against climate stressors.

According to Meaghan Scanlon, these national parks will “protect important Aboriginal cultural sites, diverse ecosystems (including rainforests, woodlands, wetlands and mangroves), and form part of the Wet Tropics World Heritage Area, which is recognised as the second most irreplaceable World Heritage site on Earth.”

In Montana, the Salish and Kootenai tribes have a long history with managing local bison ranges, and their approach is seemingly more beneficial than previous federal tactics. “We treat the buffalo with less stress, and handle them with more respect,” says Tom McDonald, an Indigenous person and Fish and Wildlife Division Manager for both tribes.[6] The Salish and Kootenai tribes are also co-managing migrating bison herds from Yellowstone National to US Forest Service land.

Native peoples generally take a more sensitive and familial approach to handling bison populations. Their techniques include keeping bison families together, mitigating the likelihood of stampedes, and ultimately reducing stress placed on the animals. These Indigenous animal handling techniques have helped to improve conservation efforts and management of the land, as well as the welfare of the animals which inhabit it.

In Rhode Island, the Narragansett tribe will be recognised as the stewards of their Indigenous land, utilising their traditional ecological knowledge to preserve it. “We agreed to protect it; we agreed to steward it,” says Morgan Grefe, Executive Director of the Historical Society. “We’re here in continuation of that promise—to see that this land is protected and stewarded in a way that we could never have accomplished ourselves”.[7]

These examples indicate the in-depth expertise that Indigenous peoples have for their Native land, as well as their cultural mastery in preserving natural resources. According to a United Nations review of more than 300 studies, rates of deforestation in South America were 50% lower in areas under Indigenous control when compared to areas managed by non-Native communities.[8] Protecting these forests is vital for mitigating the threats of climate change and preventing the extinction of regional wildlife.

World leaders are also beginning to acknowledge the significance of Indigenous expertise in lessening the effects of climate change. At COP26, the US, the UK, Germany, the Netherlands, and several private donors collectively pledged to provide US $1.7 billion to support Indigenous and local communities in tackling climate change and protecting biodiversity.[9] The funds have the potential to help Native communities build their own infrastructure, resolve territorial disputes, and support land reforms, among other endeavours.

Opportunities for Further Reconciliation

Beyond the expertise that Indigenous communities provide, transferring stolen land back to its owners is a moral obligation. The Indigenous peoples mentioned here have been dispossessed, abused, neglected, and in the case of the Narragansett tribe, nearly annihilated. This pain cannot be healed by simply acknowledging these wrongdoings – it requires a long-term commitment to restore what rightfully belongs to Native communities. The returning of Indigenous land is the first step in showing such commitment.

Hayden King, the Executive Director of the Yellowhead Institute and co-writer of the text Land Back, describes the returning of Native land through the perspective of the Beausoleil First Nation tribe as more than just returning property. “It’s also about revitalising Indigenous life, because we’re thinking about land as everything in unity, we’re thinking about our languages… our culture… our family, and social organisations connected to the land.”[10]

The returning of land is not only an opportunity for reconciliation, but a path for the autonomous growth and reestablishment of Indigenous communities. As Brian Lightfoot Brown of the Narragansett Tribe states, the land “is so deeply ingrained in who we are”.[11]

As world leaders gradually continue to rightfully recognise the benefits of including Indigenous communities in environmental preservation programmes, the fact that Native peoples are given back their land and resources is not just transactional. It’s an opportunity to plant the seeds of growth and restoration, while the land still remains fertile.

Was this article interesting? Then make sure to listen to our podcast on Native Climate Justice Organiser Ruth Miller and Her Work Towards an Indigenised Just Transition.


Benjamin Chappelow is a writer and narrative designer in the Appalachian mountains, United States.

As an immigration researcher and former Narrative Writer for the Climate Resilience Toolkit, he is focused on how the stories we tell dictate our behavior in an ecological crisis. 


References

 [1] The Queensland Cabinet and Ministerial Directory. (2021, September 28). 160,000 hectares returned on path to reconciliation. Ministerial Media Statements. Retrieved January 18, 2022.

 [2] Shivaram, D. (2021, October 8). Biden restores protections for bears ears monument, 4 years after Trump downsized it. NPR. Retrieved January 18, 2022.

[3] 7 big questions: What’s happening with bears ears and other national monuments? The Wilderness Society. (2021, August). Retrieved January 18, 2022.

[4]  U.S. Department of the Interior. (2021, January). Secretary Bernhardt Signs historic secretarial order to transition the National Bison Range into Tribal Trust for the Flathead Indian Reservation. Indian Affairs. Retrieved January 18, 2022.

[5] Associated Press. (2021, October 27). Tribe Given Land Where Ancestors Survived Near-Annihilation. U.S. News & World Report. Retrieved January 18, 2022.

[6]  Robbins, J. (2021, June 3). How returning lands to Native Tribes is helping protect nature. Yale E360. Retrieved January 18, 2022.

[7] Nunes, A. (2022, January 17). Site of ‘great swamp massacre’ returned to Narragansett Indian tribe. The Public’s Radio. Retrieved January 18, 2022.

[8] Carrington, D. (2021, March 25). Indigenous peoples by far the best guardians of forests – UN report. The Guardian. Retrieved January 18, 2022.

[9] Sutherland, L. (2021, November 3). $1.7 billion pledged in support of indigenous and local communities’ land tenure. Mongabay Environmental News. Retrieved January 18, 2022.

[10]  Monroe-Kane, C. (2021, December 20). How the land back movement is reclaiming land stolen from indigenous people. Wisconsin Public Radio. Retrieved January 18, 2022.

[11]  Brown, B. L. (2021, November 15). Long overdue: Sacred site returned to the Narragansett. Indian Country Today. Retrieved January 18, 2022.

Brazil’s 490/2007 Bill: Stripping Indigenous Communities of Their Land Rights

amazon rainforest

27 April 2022 – by Shambhavi Kant

Brazil is home to the largest rainforest in the world, the Amazon, where many Indigenous communities reside. Although deforestation has been rampant in Brazil for decades, it has soared to new heights under the administration of Jair Messias Bolsonaro, the current President. In recent years, he has proposed several controversial laws which would result in further deforestation, irreparably affecting the lives of Indigenous communities across Brazil.

One such proposal which is of particular concern amongst Brazilian and international communities is Bill 490/ 2007.  The Bill, which has been sitting before congress since it was proposed by President Bolsarono in 2007, was approved under the Constitution and Justice Committee in June 2021, and is currently pending before the House of Deputies. 

The Amazon is home to more than 30 million people in its entirety, including several hundred Indigenous tribes. Research suggests that these communities have lived in the Amazon for around 5,000 years without causing any detectable loss or disturbance to local wildlife. Despite the fact that many Indigenous communities have been impacted in one way or another by outsiders, most continue to live in harmony with the environment through traditional, sustainable ways of utilizing the land.

Many of the other effects of deforestation – including habitat destruction, loss of biodiversity, disappearance of endangered species, loss of the rainforest’s influence on climate, and dampening of its ability to absorb emissions – are relatively well known. However, the devastating impact on Indigenous communities of damaging such precious land is often largely ignored by mainstream media.

This article attempts to shed some light on the discriminatory proposals contained within the above Bill, and, were it to be passed, explore its likely impacts at a human rights level.

Why is Brazil’s 490/2007 Bill So Detrimental to Indigenous Communities?

In pushing for this Bill, President Bolsonaro has argued that Indigenous communities are preventing development of the Amazon. Furthermore, there are several troublesome proposals contained within it which seek to erode the rights of Indigenous communities.

If this Bill were passed, it would prevent Brazil’s Indigenous communities from obtaining legal recognition of their traditional lands if they were not physically present there on October 5, 1988, or if they had not initiated any legal proceedings to claim it by that date. The Constitution of Brazil, on the other hand, recognizes Indigenous peoples’ right to “the lands they traditionally occupy” without any time limits or arbitrary cut-off date.

In addition, the Bill not only prevents Indigenous peoples from claiming additional land in order to expand already demarcated territories, but it also permits the government to remove Indigenous reserves. These reserves are the lands provided to Indigenous peoples by the government to protect their livelihoods and promote their cultural survival, which is especially crucial given that many Native Brazilians live entirely off the local land through a hunting, gathering, and cultivating crops. Under this proposal, the government would be able to eradicate these reserves and repossess land when it believes that it is no longer required for the cultural survival of the Indigenous communities.

What’s more, the Bill also allows the Brazilian government to find energy resources, set up military bases, develop strategic roads, and implement commercial agriculture on protected Indigenous tribal lands, without any prior discussion with the affected peoples. Once again, this deviates from the rights inscribed within the Brazilian Constitution, specifically Article 231(3)  which prohibits any mining on Indigenous land without prior consultation with Indigenous peoples. Furthermore, international standards also necessitate effective consultation with Indigenous peoples in good faith to obtain their free consent before approving any project that would affect their livelihoods in any manner.  For instance, Article 15(2) of The Indigenous and Tribal Peoples Convention, 1989, to which Brazil is a signatory, requires governments to establish procedures through which they shall consult the Indigenous peoples about the projects in their lands.

Violations of Indigenous Rights Under National and International Law

It is clear that to remove, exploit, or otherwise compromise land owned by and lived on by Indigenous people is not only a violation of national and international law, but also amounts to forcible displacement. Yet it appears that there is no recourse within this Bill for Native peoples to oppose these harmful plans.

President Bolsonaro not only continues to encourage mining and farming on Indigenous protected lands, but has now also approved a cut to the environment ministry budget. The opening up of Indigenous land for commercial agriculture and mining would increase the already rampant deforestation of the Amazon Rainforest, with grave repercussions for not only those whose families and ancestors have lived there for millennia, but also for the planet as a whole.

The demarcation and protection of Indigenous lands is not only important for upholding the rights of Indigenous Brazilians, but is also an effective measure for slowing down deforestation in Brazil. Several studies have shown that measures for securing tribal lands, like demarcation of Indigenous property, are in themselves effective in slowing down rates of deforestation. It is important to note that President Bolsonaro has not approved any demarcation of Indigenous land since January 2019.  

Indigenous peoples are dependent on Native lands for their livelihoods and cultural survival. If passed, the Bill would make it impossible for these communities to have their land rights recognized, and would also undermine those rights which are granted to them by the Brazilian constitution, along with international conventions like 1989 The Indigenous and Tribal Peoples Convention. It is hoped that this Bill, particularly its most harmful elements, will be prevented from passing, in order to safeguard the rights of Indigenous people across the Amazon and beyond.

Did you enjoy reading this? Then make sure to read our article on how Brazil’s Supreme Court is backing Indigenous communities in the fight for ancestral territory.


Shambhavi Kant is a third year law student at Rajiv Gandhi National University of Law, Punjab. She is extremely interested in the field of Human Rights and likes to write about similar topics.

Shambhavi also has a profound interest in animal rights protection.  


Activist Marinel Ubaldo on Lived Climate Change Realities in the Philippines and Her Fight for Justice

25 March 2022 – by Earth Refuge Correspondent Polly Nash

In this interview, correspondent Polly Nash talks to Marinel Ubaldo about her first-hand experience of Super Typhoon Haiyan that hit the Philippines in 2013 and devastated Marinel’s community and family home. The pair discuss Marinel’s subsequent climate activism and the vital need for people from the Global North to pass on the microphone to those from the Global South who are most severely impacted by climate related disasters.

“I felt like I couldn’t live in my house anymore … even just hearing the waves crashing nearby gave me trauma, gave me chills.”

“If our government were really serious about keeping people safe they should have relocated people living on the shore, because after Super Typhoon Haiyan we’re still facing the same risks and the same hazards”