On March 24, 2024, prayer horse riders from the Numu/Nuwu and Newe communities gathered to honor the victims of a historic massacre at Peehee Mu’huh, highlighting the ongoing struggle for Indigenous rights amid the approval of the Thacker Pass lithium mine. This approval by the U.S. government has been declared a violation of international human rights by Human Rights Watch and the American Civil Liberties Union.
The report asserts that the Bureau of Land Management (BLM) failed to consult Tribal governments adequately before granting a permit for the Thacker Pass lithium mine, neglecting the essential principle of free, prior, and informed consent, integral to international human rights law. This approval process occurred rapidly, taking less than a year during the pandemic, which severely affected Tribal communities already in distress.
In January 2021, amidst the global health crisis, the BLM expedited the mine’s permit process, bypassing the usual consultation timeline, resulting in a flawed outreach to affected tribes. Only a few Tribal governments were contacted directly, while others with significant spiritual ties to Thacker Pass were excluded altogether, leading to legal challenges and vocal opposition.
Despite some Tribal entities voicing their dissent, notably the Winnemucca Indian Colony and the Summit Lake Paiute Tribe, the BLM continued without thorough consultation. The Fort McDermitt Paiute-Shoshone Tribe, however, endorsed the project in a controversial agreement with Lithium Americas, highlighting the intricacies within Indigenous communities regarding this issue.
International human rights law emphasizes the right of Indigenous peoples to maintain their cultural practices and land access. Thacker Pass holds deep significance for the Northern Paiute and Western Shoshone peoples, being tied to historical traumas, such as the 1865 massacre. The land is increasingly inaccessible, now fenced off and patrolled, limiting traditional gathering practices.
When approached about security measures that disrupt Indigenous access, Lithium Americas noted constraints on security operations. They claimed their consultation processes were thorough but faced criticism for inadequate engagement during the permitting phase.
The report also sheds light on the environmental concerns associated with the mine, detailing potential harmful effects from toxic waste and sulfuric acid production. It calls for enhanced Tribal consultation in U.S. laws to align better with international standards.
Highlighting the disparities, Koenning-Rutherford stated, “The experience of indigenous peoples at Thacker Pass shows that United States mining laws and the permitting process did not respect that right.” The report encourages the U.S. federal government to reconsider its approach to mining regulations to better protect Indigenous rights.
Ultimately, the Thacker Pass mine stands as a stark reminder of the risks Indigenous peoples encounter from mining activities. The narrative of Thacker Pass is not just about lithium extraction; it embodies the need for respect, acknowledgment, and justice for Indigenous communities and their ancestral lands.
Human Rights Watch and the American Civil Liberties Union report that U.S. approval of the Thacker Pass lithium mine violated international human rights law by failing to consult affected Tribal governments adequately. The mine’s expedited approval process during the pandemic complicated communication with Indigenous groups, raising profound concerns regarding the preservation of their lands and rights. Recommendations stress the necessity for improved consultation and reforms to align U.S. laws with international standards for Indigenous communities.
The approval of the Thacker Pass lithium mine raises significant concerns about Indigenous rights and proper consultation under U.S. law. Critically, the expedited permit process bypassed essential International Human Rights standards, emphasizing the need for reform in mining laws to ensure Indigenous peoples are genuinely consulted and respected. As the controversy unfolds, there’s a clear call for alignment between U.S. practices and international human rights standards to safeguard the rights of Native communities.
Original Source: nevadacurrent.com
