An introduction to the nexus between Indigenous Peoples’ rights and forests, and how companies can meaningfully protect both.
This edition of “The Just Transition Newsletter” by Palsa & Pulk was written by Christine Nikander and Heidrun Kordholste-Nikander.
The nexus between Indigenous Peoples’ rights and forests
Logging, illegal mining, and cattle farming are core drivers for deforestation.[i] The deforestation of rainforests is increasing over time, and it often occurs within nature reserves or on Indigenous lands.[ii] A prime example of this issue is the Amazon forest, where the overall deforestation level is currently at 17%. The Amazon forest “is the largest tropical rainforest on Earth” and is considered a “stabilizer of the global climate”. It is also “home to a third of all species on Earth and a large percentage of the world's flowing freshwater”. Moreover, around four hundred different Indigenous Peoples call the Amazon forest home. Yet currently, both “[t]he forest and its inhabitants face serious threats from deforestation, resource theft, land grabbing and destructive development projects”.[iii]
Deforestation negatively impacts biodiversity and Indigenous groups globally. There are currently an estimated 370 million Indigenous People, living across 70 countries globally. [iv] Indigenous Peoples are believed to be the “best stewards” of forests.[v] According to the UN, “Indigenous communities […] help to maintain 80% of the biodiversity left […], and [maintain] some of the world’s most valuable carbon sinks and natural resources.”[vi] Moreover, “[t]he forests of the indigenous and tribal peoples’ territories store about 34,000 million metric tonnes of carbon”.[vii] Deforestation on protected territories in Brazil’s Amazon rainforest increased by 129% between 2013 and 2021, and thereby led to 96 million metric tons of CO2 being released into the atmosphere.[viii]
Indigenous communities notably “have profound cultural and historical linkages to their ecosystems of forests”.[ix] For them, deforestation can mean “loss of traditional land, water contamination, air pollution, and threats to cultural identity”.[x] Moreover, deforestation also comes with a number of severe and even lethal risks to Indigenous Peoples – especially those who live in an otherwise “uncontacted, non-contacted or isolated” manner. For example, loggers can bring pathogens and diseases into the forests against which “uncontacted, non-contacted or isolated” peoples may have no immune resistance. In the worst case, this can lead to the death of a whole tribe or even several tribes. There is also always a risk of violence on both sides when loggers enter Indigenous lands.[xi]
Deforestation poses a threat to Indigenous Peoples’ “lifestyles, cultural identities, and physical and mental health”.[xii] In line with this, it is important to note that several groups of Indigenous Peoples in the Amazon rainforest consciously avoid contact with the outside world, as they have “already had negative experiences” in this context – such as having “their ancestral land […] violently taken away from them”.[xiii] The decision to live this way is something that should be respected by governments and companies alike.
Impact of deforestation on the Mashco Piro people
The Mashco Piro people are considered to be “the largest uncontacted tribe in the world”. They “usually avoid contact with the outside world” and “live in seclusion in the Peruvian rainforest”. Yet, over 50 of them have recently been seen “on a river in southeastern Peru, near a logging area” and they have asked villagers from Monte Salvado – located on the other side of the river – for bananas. An additional 17 Mashco Piro people were sighted close to the neighboring village of Puerto Nuevo. The Indigenous Yine people have said that the “Mashco Piro had previously complained about the loggers in their territory”.[xiv]
The land rights of the Mashco Piro have not been adequately “recognized and protected by law”. Instead, forestry concessions were sold by the government to logging companies. Notably, “one company has already built roads in the region with a total length of 200 kilometers”, which are being used to transport the felled trees and wood. In the case of the Mashco Piro, there is a serious risk that diseases introduced by loggers could wipe out the whole tribe and that violence could also break out.[xv]
Impact of deforestation on the Penan people
The island of Borneo in Malaysia is considered to be “one of the regions of the world with the greatest biological diversity”. The rainforests on Borneo “are home to a variety of plants and animals and a rich indigenous culture that has been shaped over centuries”.[xvi] These forests alone are estimated to be home to “6% of the world’s biodiversity”.[xvii] Since the early 1970s, the rainforest has, however, seen a considerable amount of deforestation.[xviii]
A large part of the Borneo rainforest has been cleared to make space for palm oil and timber plantations, as well as logging roads. Currently, roughly “10% of Borneo has become covered in industrial-scale monoculture plantations”. This has negatively impacted the Penan tribe, who rely on the woodlands for shelter, food, and their cultural practices. Due to deforestation, the Penan people now “no longer have access to their traditional resources”. This, in turn, “causes food poverty and a loss of cultural identity”.[xix]
For over 30 years, the Penan have continuously struggled “for the survival of their forest and their way of life”.[xx] They have accused the Malay government of approving timber concessions in Borneo without attaining community consent. The Penan are, hence, effectively up against “one of the world’s biggest timber companies with little help from state authorities”. Over the years, they have erected several blockades to hold off logging operations.[xxi]
How does mining cause deforestation?
Open-pit or opencast mining is the most common method for mining globally. Along with other types of mining, it can cause deforestation, habitat loss, and the loss of biodiversity.[xxii] This type of mining often results in large-scale land destruction.[xxiii] One example of this is the Escondida copper mine in the Atacama Desert in Chile, which is about 18 km long in the north-south direction and 3 km in the east-west direction.[xxiv] Through opencast mining, the terrain is permanently altered and hydrological conditions change. In some cases, water and soil can be polluted and effect a much larger area than the actual mining area.[xxv]
Mining also causes the construction of settlements and infrastructure, which results in more losses of forests. Since 2000, forest loss is especially significant in Brazil, Peru, Colombia, Venezuela, Indonesia, Russia, Canada, the US, Australia, Ghana, and Myanmar. In many of these countries, mining does not even stop the downgrading and downsizing of nature reserves or national parks. The downgrading and downsizing of protected land has impacted approximately 1300 million hectares (321 million acres). In Brazil alone, 219 mining claims extend into protected areas.[xxvi]
Mineral extraction in tropical rainforests is on the rise. A major cause of this is the mining of gold and coal. In the last two decades alone, this has caused around 6877 square kilometers (4273 square miles) of forest loss – and this might increase further with the rising demand for critical minerals.[xxvii]
How does mining impact Indigenous Peoples’ rights?
Indigenous Peoples are particularly strongly affected by transition mining. Mining “impose[s] burdens such as land dispossession, biodiversity loss, surface water pollution, livelihood loss and soil degradation” on Indigenous Peoples.[xxviii] Notably, over half of the “transition materials [are] located on or near land where Indigenous people live”. Moreover, “85% of […] lithium extraction projects [are] on or near land managed or inhabited by Indigenous people.”[xxix] A 2021 report from MSCI Inc. found that “97% of nickel, 89% of copper, 79% of lithium and 68% of cobalt reserves and resources in the U.S. are located within 35 miles of Native American reservations”. [xxx]
Violations of Indigenous Peoples’ rights occur – for example – through the operation of an open-cast lithium mine near the Indigenous community lands of Fort McDermitt Paiute and Shoshone in Nevada, USA.[xxxi] Another example is the Oak Flat copper mine case, where “loss of biodiversity, soil contamination, deforestation and decreasing water quality” is feared and yet a land swap was planned so the mine could “be built on a site of religious significance for local indigenous groups”.[xxxii]
Moreover, the mining of gold and copper in the Amazon has polluted local water and food supplies, and it has added to the ongoing large-scale deforestation in the area. The mining has also increased the conflict between Indigenous Peoples, miners, and the military. Since 2011, on average three people in the Amazon have been killed per week trying to protect their land, according to a Global Witness report from October 2022. A quarter of the deaths were tied to the extractive industries and the mining industry was “directly linked to the most killings”. Notably, most of the individuals killed were Indigenous.[xxxiii]
Indigenous Peoples’ core role in the just transition
There can be no just transition without the protection of Indigenous Peoples’ rights. Indigenous Peoples play a vital role in “biodiversity conservation and sustainable land management”. Companies and governments looking to protect forests should therefore take active steps towards “empowering and involving indigenous populations” and including their voices in decision-making.[xxxiv]
The protection of our forests and the creation of a just transition “requires a collective commitment on the part of governments, organisations, and individuals to uphold human rights, respect cultural heritage, and promote sustainable practi[c]es that guarantee the harmonious coexistence of humanity and nature”. Only by “working together and taking responsibility” is it possible to build a sustainable and just future.[xxxv] In this context, conducting thorough environmental impact assessments and attaining free and prior informed consent (FPIC) is key.
Without adequate measures to protect and respect Indigenous Peoples’ rights and “particularly their right to self-determination” and to FPIC, there is a risk of “exacerbating existing conflicts between [businesses] and Indigenous Peoples communities”. This can, in turn, “increas[e] legal and operational risks for both states and industries”. In the worst case, “the pace of the energy transition – and the energy transition itself – [may be] at risk due to the potential loss of [a] Social License to Operate and social unrest”.[xxxvi]
Would you be interested to learn more about human rights considerations in the life cycle of an electric vehicle battery? You can explore the social impacts and EU regulations that apply to the different life stages of an EV battery in Palsa & Pulk’s interactive visual.
The next newsletter will explore broader human rights issues that arise in the context of the energy transition. If you want to be notified when it comes out, please subscribe to our mailing list.
About the authors
Christine Nikander is the founder of the environmental and social sustainability consultancy, Palsa & Pulk. She frequently speaks and writes about the environmental and human rights issues that arise through global supply chains, the energy transition, and the mining of critical raw minerals. Christine studied law at the universities of Columbia (New York), Edinburgh (Scotland), and Leiden (the Netherlands). She has been writing The E-Waste Column weekly since 2022.
Heidrun Kordholste-Nikander is a freelance biodiversity & forestry consultant at Palsa & Pulk. She studied forest management and environmental protection technology in Munich (Germany) and North American studies in Helsinki (Finland). In the past, Heidrun has done research into natural history, Indigenous Peoples, and environmental change. She has also published a book on the near destruction of the bison and the grasslands of North America. Through her consultancy work, Heidrun hopes to help companies in protecting forests, biodiversity, and Indigenous Peoples’ rights.
About Palsa & Pulk
Palsa & Pulk is an environmental and social sustainability consultancy. It provides compliance, governance, policy, and strategic advice to its clients. The consultancy’s work is mostly focused on supply chain governance, the just transition, circular economy, and human rights.
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[i] Gonzales, Jenny: Study confirms surge in deforestation in Indigenous lands under Bolsonaro. https://news.mongabay.com/2023/07/study-confirms-surge-in-deforestation-in-indigenous-lands-under-bolsonaro/ (05.11.2024)
[ii] Westdeutscher Rundfunk: Kein Kontakt zur Außenwelt: Isoliertes Volk in Peru gesichtet. https://www1.wdr.de/unkontaktiertes-volk-in-peru-aufgetaucht-100.html (05.11.2024)
[iii] Amazon Watch: Den Amazonas und unser Klima in Solidarität mit indigenen Völkern schützen. https://amazonwatch.org/de/work (05.11.2024)
[iv] Kanungo, Alokya: The Silent Cry of the Forest: How Deforestation Impacts Indigenous Communities. https://earth.org/the-silent-cry-of-the-forest-how-deforestation-impacts-indigenous-communities/ (05.11.2024)
[v] Amazon Watch: Den Amazonas und unser Klima in Solidarität mit indigenen Völkern schützen. https://amazonwatch.org/de/work (05.11.2024)
[vi] Morton, Adam: Evidence grows of forced labour and slavery in production of solar panels, wind turbines. https://amp-theguardian-com.cdn.ampproject.org/c/s/amp.theguardian.com/environment/2022/nov/29/evidence-grows-of-forced-labour-and-slavery-in-production-of-solar-panels-wind-turbines (05.11.2024); Taft, Molly: Over Half the World’s Energy Transition Minerals Are on Indigenous Lands. https://gizmodo.com/over-half-the-worlds-energy-transition-minerals-are-on-1849865104 (05.11.2024); European Federation for Transport and Environment: How Europe can improve the way global extractive companies do business. https://www.transportenvironment.org/discover/how-europe-can-improve-the-way-global-extractive-companies-do-business/ (05.11.2024)
[vii] Kanungo, Alokya: The Silent Cry of the Forest: How Deforestation Impacts Indigenous Communities. https://earth.org/the-silent-cry-of-the-forest-how-deforestation-impacts-indigenous-communities/ (05.11.2024)
[viii] Gonzales, Jenny: Study confirms surge in deforestation in Indigenous lands under Bolsonaro. https://news.mongabay.com/2023/07/study-confirms-surge-in-deforestation-in-indigenous-lands-under-bolsonaro/ (05.11.2024)
[ix] Kanungo, Alokya: The Silent Cry of the Forest: How Deforestation Impacts Indigenous Communities. https://earth.org/the-silent-cry-of-the-forest-how-deforestation-impacts-indigenous-communities/ (05.11.2024)
[x] Kanungo, Alokya: The Silent Cry of the Forest: How Deforestation Impacts Indigenous Communities. https://earth.org/the-silent-cry-of-the-forest-how-deforestation-impacts-indigenous-communities/ (05.11.2024)
[xi] Westdeutscher Rundfunk: Kein Kontakt zur Außenwelt: Isoliertes Volk in Peru gesichtet. https://www1.wdr.de/unkontaktiertes-volk-in-peru-aufgetaucht-100.html (05.11.2024)
[xii] Kanungo, Alokya: The Silent Cry of the Forest: How Deforestation Impacts Indigenous Communities. https://earth.org/the-silent-cry-of-the-forest-how-deforestation-impacts-indigenous-communities/ (05.11.2024)
[xiii] Westdeutscher Rundfunk: Kein Kontakt zur Außenwelt: Isoliertes Volk in Peru gesichtet. https://www1.wdr.de/unkontaktiertes-volk-in-peru-aufgetaucht-100.html (05.11.2024)
[xiv] Westdeutscher Rundfunk: Kein Kontakt zur Außenwelt: Isoliertes Volk in Peru gesichtet. https://www1.wdr.de/unkontaktiertes-volk-in-peru-aufgetaucht-100.html (05.11.2024); https://www.prosieben.de/serien/newstime/news/unkontaktierte-indigene-in-peru-nahe-abholzungsgebiet-gesichtet-407898 (05.11.2024)
[xv] Westdeutscher Rundfunk: Kein Kontakt zur Außenwelt: Isoliertes Volk in Peru gesichtet. https://www1.wdr.de/unkontaktiertes-volk-in-peru-aufgetaucht-100.html (05.11.2024);
Pro Sieben: Unkontaktierte Indigene in Peru nahe Abholzungsgebiet gesichtet. https://www.prosieben.de/serien/newstime/news/unkontaktierte-indigene-in-peru-nahe-abholzungsgebiet-gesichtet-407898 (05.11.2024)
[xvi] Bruno-Manser-Fonds: The Penan. https://bmf.ch/en/topics/the-penan-20 (05.11.2024)
[xvii] Brunei Darussalam–Indonesia–Malaysia–Philippines East ASEAN Growth Area: Saving the Heart of Borneo. https://bimp-eaga.asia/article/saving-heart-borneo (05.11.2024); Planète Urgence: Preserving forests, Borneo-Mekong Basin. https://planete-urgence.org/en/borneo-mekong-basin/ (05.11.2024)
[xviii] David L. A. Gaveau, Sean Sloan, Elis Molidena, Husna Yaen, Doug Sheil, Nicola K. Abram, Marc Ancrenaz, Robert Nasi, Marcela Quinones, Niels Wielaard, Erik Meijaard: Four Decades of Forest Persistence, Clearance and Logging on Borneo. https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0101654 (05.11.2024)
[xix] Kanungo, Alokya: The Silent Cry of the Forest: How Deforestation Impacts Indigenous Communities. https://earth.org/the-silent-cry-of-the-forest-how-deforestation-impacts-indigenous-communities/ (05.11.2024)
[xx] Bruno-Manser-Fonds: The Penan. https://bmf.ch/en/topics/the-penan-20 (05.11.2024)
[xxi] Donald, Rachel: Malaysia’s Indigenous Penan block roads to stop logging in Borneo. https://news.mongabay.com/2021/10/malaysias-indigenous-penan-block-roads-to-stop-logging-in-borneo/ (05.11.2024)
[xxii] European Environment Agency: Biodiversity – Ecosystems, published on 18 Jun 2008, last modified 10 Feb 2020https://www.eea.europa.eu/themes/biodiversity/intro (22.01.2024)
[xxiii] Yuan Gao, Jinman Wang, Nin Zhang, Sijia Li: Measurement and prediction of land use conflict in an opencast mining area. https://www.sciencedirect.com/science/article/abs/pii/S0301420721000167 (25.04.2024)
[xxiv] Lind, Veronica: Heap Leaching: Is it something that could be an alternative to conventional gold extraction? https://www.samso.com.au/post/heap-leaching-is-it-something-that-could-be-an-alternative-to-conventional-gold-extraction-insights (05.11.2024)
[xxv] Yuan Gao, Jinman Wang, Nin Zhang, Sijia Li: Measurement and prediction of land use conflict in an opencast mining area. https://www.sciencedirect.com/science/article/abs/pii/S0301420721000167 (25.04.2024)
[xxvi] Radwin, Maxwwell: Mongabay News & inspiration from nature’s frontline; Mining may contribute to deforestation more than previously thought, report says. https://news.mongabay.com/2023/04/mining-may-contribute-to-deforestation-more-than-previously-thought-report-says/ (20.04.2024)
[xxvii] Radwin, Maxwwell: Mongabay News & inspiration from nature’s frontline; Mining may contribute to deforestation more than previously thought, report says. https://news.mongabay.com/2023/04/mining-may-contribute-to-deforestation-more-than-previously-thought-report-says/ (20.04.2024)
[xxviii] Donaldson, Alex: Mining causes 24.7% of environmental conflict involving indigenous people. https://www.mining-technology.com/news/mining-environmental-conflict-indigenous-people/ (05.11.2024); Arnim Scheidel et al.: Global impacts of extractive and industrial development projects on Indigenous Peoples’ lifeways, lands, and rights. https://www.science.org/doi/10.1126/sciadv.ade9557 (05.11.2024)
[xxix] Morton, Adam: Evidence grows of forced labour and slavery in production of solar panels, wind turbines. https://amp-theguardian-com.cdn.ampproject.org/c/s/amp.theguardian.com/environment/2022/nov/29/evidence-grows-of-forced-labour-and-slavery-in-production-of-solar-panels-wind-turbines (05.11.2024); Taft, Molly: Over Half the World’s Energy Transition Minerals Are on Indigenous Lands. https://gizmodo.com/over-half-the-worlds-energy-transition-minerals-are-on-1849865104 (05.11.2024); European Federation for Transport and Environment: How Europe can improve the way global extractive companies do business. https://www.transportenvironment.org/discover/how-europe-can-improve-the-way-global-extractive-companies-do-business/ (05.11.2024)
[xxx] Block, Samuel: Mining Energy-Transition Metals: National Aims, Local Conflicts. https://www.msci.com/www/blog-posts/mining-energy-transition-metals/02531033947 (05.11.2024)
[xxxi] Business & Human Rights Resource Centre: “You can’t eat lithium”: Community consent and access to information in transition mineral mining exploration. https://www.business-humanrights.org/en/from-us/briefings/tmt-2021/you-cant-eat-lithium-community-consent-and-access-to-information-in-transition-mineral-mining-exploration-in-europe-and-north-america (05.11.2024); Iris Crawford, Scott Odell: Will mining the resources needed for clean energy cause problems for the environment? https://climate.mit.edu/ask-mit/will-mining-resources-needed-clean-energy-cause-problems-environment (05.11.2024); Éléonore Lèbre, Martin Stringer, Kamila Svobodova, John R. Owen, Deanna Kemp, Claire Côte, Andrea Arratia-Solar, Rick K. Valenta: The social and environmental complexities of extracting energy transition metals. https://www.nature.com/articles/s41467-020-18661-9 (05.11.2024); Riofrancos, Thea: Shifting Mining From the Global South Misses the Point of Climate Justice. https://foreignpolicy.com/2022/02/07/renewable-energy-transition-critical-minerals-mining-onshoring-lithium-evs-climate-justice/ (05.11.2024); International Energy Agency: Sustainable and responsible development of minerals. https://www.iea.org/reports/the-role-of-critical-minerals-in-clean-energy-transitions/sustainable-and-responsible-development-of-minerals (05.11.2024); International Energy Agency: The Role of Critical Minerals in Clean Energy Transitions. https://iea.blob.core.windows.net/assets/ffd2a83b-8c30-4e9d-980a-52b6d9a86fdc/TheRoleofCriticalMineralsinCleanEnergyTransitions.pdf (05.11.2024); Laffont, Pascal: Critical minerals for clean energy transitions. https://unctad.org/system/files/non-official-document/GCF21_s4_Laffont_1.pdf (05.11.2024)
[xxxii] Donaldson, Alex: Mining causes 24.7% of environmental conflict involving indigenous people. https://www.mining-technology.com/news/mining-environmental-conflict-indigenous-people/ (05.11.2024)
[xxxiii] Morton, Adam: Evidence grows of forced labour and slavery in production of solar panels, wind turbines. https://amp-theguardian-com.cdn.ampproject.org/c/s/amp.theguardian.com/environment/2022/nov/29/evidence-grows-of-forced-labour-and-slavery-in-production-of-solar-panels-wind-turbines (05.11.2024); Taft, Molly: Over Half the World’s Energy Transition Minerals Are on Indigenous Lands. https://gizmodo.com/over-half-the-worlds-energy-transition-minerals-are-on-1849865104 (05.11.2024); European Federation for Transport and Environment: How Europe can improve the way global extractive companies do business. https://www.transportenvironment.org/discover/how-europe-can-improve-the-way-global-extractive-companies-do-business/ (05.11.2024)
[xxxiv] Kanungo, Alokya: The Silent Cry of the Forest: How Deforestation Impacts Indigenous Communities. https://earth.org/the-silent-cry-of-the-forest-how-deforestation-impacts-indigenous-communities/ (05.11.2024)
[xxxv] Kanungo, Alokya: The Silent Cry of the Forest: How Deforestation Impacts Indigenous Communities. https://earth.org/the-silent-cry-of-the-forest-how-deforestation-impacts-indigenous-communities/ (05.11.2024)
[xxxvi] Cultural Survival, Securing Indigenous Rights in the Green Economy Coalition: EU’s Legislation on Critical Raw Materials Risks Increasing Threats to Indigenous Peoples from Mining Projects. https://www.culturalsurvival.org/news/eus-legislation-critical-raw-materials-risks-increasing-threats-indigenous-peoples-mining (05.11.2024)
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