Innu-aitun culture and identity at risk

On the eve of the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP27), Amnesty International released a report on the impact of climate change on the human rights of eight communities around the world. One of these eight case studies was conducted with the Innu community of Pessamit in Quebec. The results are unequivocal: the Innu way of life and culture are at risk. In the short term, all of Quebec and Canada will pay the price. However, the ancestral Aboriginal know-how is a key tool in the fight against climate change. We have a duty to listen and learn.

The research conducted by Amnesty International Canada Francophone (AICF), in collaboration with the Pessamiulnuat, focuses on the human rights violations of the Innu Nation of Pessamit, resulting from the combined effects of climate change and the forestry, hydroelectricity and resort industries, as well as colonialist policies.

We recently were in the Innu Nation’s territory to learn from their struggles to protect the environment and their culture. For the Pessamiulnuat, the close relationship with the land is an expression of Innu lifestyle and spirituality. When at risk, the essence of their identity, Innu-aitum, is also at risk. Coastal erosion threatens the practice of certain cultural activities at the same time as it leads to the loss of part of the territory.

The United Nations Declaration on the Rights of Indigenous Peoples recognizes that indigenous peoples “have suffered historical injustices, including colonization and dispossession of their lands, territories and resources. Injustices that will continue until justice and redress are achieved. And it is only in this way that there can be reconciliation. Article 25 of the Declaration states that “Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with the lands, territories, waters and coastal seas and other resources which they have traditionally owned or otherwise occupied and used, and to uphold their responsibilities to future generations in this regard.”

Furthermore, in its most recent report, the Intergovernmental Panel on Climate Change (IPCC) makes it clear that it is the most vulnerable populations, including the 476 million indigenous people around the world, who suffer the most from climate change, due to their very connection between cultural identity and territory.

Indigenous peoples have suffered historical injustices, including colonization and dispossession of their lands, territories and resources

The United Nations Declaration on the Rights of Indigenous Peoples

The interest of the Innu Nation of Pessamit in climate change goes back some twenty years, precisely because of the erosion of the banks. This phenomenon is accentuated by the increase in temperature, milder winters and the multiplication of freezing and thawing periods. Thinner ice reduces the protection of the shoreline against waves and winter storms. Erosion modifies the seabed where silt is deposited, making it difficult for fish to spawn. In addition, summers are getting hotter and hotter. The fauna and flora change, the trees turn yellow in the middle of summer because of the lack of water, burned by the sun. These are worrying facts.

However, the IPCC recognizes that when the territorial rights of indigenous peoples are respected, the climate, the territory and its biodiversity are better off. The Pessamiulnuat are aware of this. The Pessamit Innu Council has therefore set up a team to monitor changes in Nitassinan, the claimed and unceded ancestral territory, as well as a salmon restoration project in the Betsiamites River. The Nation is also calling for the creation of a protected area for woodland caribou and has created partnerships with universities to understand and find solutions to riverbank erosion.

However, the IPCC recognizes that when the territorial rights of indigenous peoples are respected, the climate, the territory and its biodiversity are better off. The Pessamiulnuat are aware of this. The Pessamit Innu Council has therefore set up a team to monitor changes in Nitassinan, the claimed and unceded ancestral territory, as well as a salmon restoration project in the Betsiamites River. The nation is also calling for the creation of a protected area for woodland caribou and has created partnerships with universities to understand and find solutions to riverbank erosion.

However, despite all these efforts, in the end, Pessamit has no decision-making power over the activities of the forestry, hydroelectric, mining and resort industries, which not only have an impact on the territory but also accentuate climate change.

Thirteen hydroelectric power plants and 16 Hydro-Quebec dams have been built on the Pessamit Nitassinan since the 1950’s without free, prior and informed consent, without even the appearance of consultation. History cannot be rewritten and this is not what the Pessamiulnuat are claiming, any more than they are claiming to live in the Stone Age. But the least we can do is to recognize that this has not been done, and that it has been highly prejudicial, and consequently pay the necessary compensations. We can also do things differently today. Not by “consulting as much as possible”, but by ensuring that the free, prior and informed consent of the whole community is obtained.

This is true for all industries, and it is the responsibility of the provincial government and regional county municipalities (RCMs) to ensure this. The northern hemisphere’s boreal forest, of which Canada is the primary steward, is critical to the fight against climate change because of its high potential to store carbon emissions. However, “each year, industrial logging in Canada clearcuts over a million acres of boreal forest, much of this in irreplaceable, uniquely carbon-rich primary forests,” according to Jennifer Skene of the Natural Resources Defense Council (NRDC).

And every time new roads are created to serve the forest industry, non-native hunters and tourists take them over. Resorting on Nitassinan is a growing phenomenon, an additional threat to traditional Innu activities. The Quebec government and the MRCs respectively distribute permits for logging and tourism, without regard for the Innu.

We are consulted for the sake of form. We propose new ways of doing things but we are not listened to. We are not taken seriously.

Érik Kanapé

Certainly, the federal government has made efforts in recent years to include the Nation and its vision in the management of the territory. However, on the provincial side, the community is still faced with a stubborn refusal: “We are consulted for the sake of form. We propose new ways of doing things but we are not listened to. We are not taken seriously”, testified Éric Kanapé, biologist and environmental consultant.

Finally, we cannot ignore the impact of colonialist policies for nearly 150 years. And the ways of governments and industries are a corollary of this entrenched colonialism.

The Pessamit First Nation wants a nation-to-nation relationship with the levels of government in order to be able to determine its own development on its territory, that is to say, to negotiate until an agreement is reached that suits both parties. Put another way: give the other party the power to say no. “We demand respect from all levels of government because we are being ignored,” says Chief Marielle Vachon.

Finally, let’s remember that the United Nations considers environmental degradation and unsustainable development as the greatest threats to the right to life of future generations.

Erika Guevara-Rosas is Americas director at Amnesty International. France-Isabelle Langlois is executive director at Amnesty International Canada Francophone

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Ukraine: Preserving evidence of war crimes as Ukraine retakes its territory key for victims of war crimes

Responding to the latest military developments on the ground in Kherson Region, Denis Krivosheev, Regional Director, Eastern Europe and Central Asia said:

“Following Russian troops’ withdrawal from Dnieper’s right bank in Kherson, Ukraine should prioritize preservation of evidence of war crimes committed there. Justice is owed to victims of Russian crimes under international law against Ukraine, and all those responsible must be held to account in fair trial proceedings.

“While this is a major military development, the experience of recent weeks indicates we can expect to see further Russian attacks on civilians and civilian infrastructure as Ukraine continues to retake its territory. Just today, the civilian death toll continues to rise from an overnight Russian missile strike which devastated a residential building in Mykolaiv.

Justice is owed to victims of Russian crimes under international law against Ukraine, and all those responsible must be held to account in fair trial proceedings.

Denis Krivosheev, Regional Director, Eastern Europe and Central Asia, Amnesty International

“Although we understand that Ukrainian authorities and civilians will want to rebuild and reinhabit the region as soon as possible, preserving evidence of war crimes must be a priority. This is essential to ensure comprehensive accountability and enable the ongoing International Criminal Court investigation and other national and international justice mechanisms to prosecute perpetrators of the most serious crimes under international law committed on Ukrainian soil.”

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Saudi Arabia: Execution of two Pakistani nationals is callous attack on right to life

Responding to the news that the Saudi Arabian authorities today executed two Pakistani nationals for drug-related crimes, the first such executions since the country’s Human Rights Commission announced a moratorium on the use of the death penalty for drug-related crimes in January 2021, Diana Semaan, Amnesty International’s Acting Deputy Director for the Middle East and North Africa, said:

“This striking escalation in the country’s use of the death penalty this year reveals the true face the Saudi authorities are hiding behind the so-called progressive reforms agenda they are presenting to the world. Trampling on the official moratorium on drug related crimes, they arbitrarily took the lives of two Pakistani nationals.

“The lives of individuals on death row for drug-related crimes and other crimes are at risk. Regardless of the crimes committed, no one should suffer this cruel, inhuman and degrading punishment.

“Saudi Arabia must immediately establish an official moratorium on executions with a view to abolishing the death penalty in the country. The authorities must review the cases of all prisoners currently under a death sentence with the aim of commuting their sentences or offering them a  fair retrial without recourse to the death penalty. They must also bring all laws and judicial practices in line with fair trial guarantees.”

Background

In January 2021, the Saudi Human Rights Commission stated that the country has enforced a moratorium on drug-related crimes, and that “the Kingdom and its justice system are focusing more on rehabilitation and prevention”.

Following this announcement, Saudi Arabia did not carry out any executions for drug-related crimes. However, there was no official change to Saudi laws, including the Saudi Drugs and Narcotics Control Law which provides that drug smuggling or related crimes are punishable by death under ta’zir (the discretion of the judge).

Since the beginning of 2022, the Saudi authorities have carried out 128 executions.

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Bahrain: Upcoming elections held amidst political repression, rights violations

Bahrain’s parliamentary elections, due to take place on 12 November, are being held in an environment of political repression following a decade in which the authorities have infringed upon human rights, curtailed civil society, banned political opposition parties and shuttered independent media, Amnesty International said today.

From 2016 onwards, the Bahrain authorities ramped up a campaign to eliminate political opposition, banning opposition political parties that had existed legally before the uprising in 2011. The government has outlawed major opposition parties and independent media, and also imprisoned prominent opposition leaders. Consequently, Bahrain today lacks any non-imprisoned political opposition leaders or independent media willing to sharply criticize the government in public.

“Over the past 11 years, the Bahraini authorities have crushed all forms of dissent and severely clamped down on the rights to freedom of expression, peaceful assembly and association,” said Amna Guellali, Amnesty International’s Deputy Regional Director for the Middle East and North Africa.

In Bahrain today, there is no genuine, political opposition and no independent media, while critical human rights organizations are unable to operate freely inside the country.

Amna Guellali, Amnesty International

“In Bahrain today, there is no genuine, political opposition and no independent media, while critical human rights organizations are unable to operate freely inside the country. Holding this general election will not address the atmosphere of repression and the denial of human rights that has gripped Bahrain for years.”

At least 12 prisoners of conscience, including protest leaders from 2011 and Ali Salman, the head of major opposition party al-Wefaq, are currently languishing in prison.

Background

Bahrain will hold parliamentary and municipal elections on 12 November. It is the second time such elections have been held since authorities banned political opposition parties from functioning and blocked the candidacies of their members.

In July 2016, the government outlawed al-Wefaq, a Shia-led political opposition party that has had the most electoral success of any party under Bahrain’s current constitution. Between 2012 and 2017, the authorities also outlawed Amal, an opposition party that had competed with al-Wefaq for Shia voters, and the non-sectarian opposition party Wa‘d. Members of these political parties have also been banned from holding leadership positions in civil society organizations.

Since the authorities shut down the independent newspaper al-Wasat in June 2017, all television, radio and newspaper outlets in the country are either pro-government or directly government controlled.

For further information, take a look at Amnesty International’s full public statement on the elections.

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Ukraine: Russia’s unlawful transfer of civilians a war crime and likely a crime against humanity – new report

  • Russian forces tortured and deported civilians from Ukraine
  • Children separated from families after forcible transfer
  • Older people, people with disabilities, and children struggle to leave Russia

Russian authorities forcibly transferred and deported civilians from occupied areas of Ukraine in what amounted to war crimes and likely crimes against humanity, Amnesty International said in a new report published today.

The report, “Like a Prison Convoy”: Russia’s Unlawful Transfer of Civilians in Ukraine and Abuses During ‘Filtration’, details how Russian and Russian-controlled forces forcibly transferred civilians from occupied Ukraine further into Russian-controlled areas or into Russia. Children have been separated from their families during the process, in violation of international humanitarian law.

Civilians told Amnesty International how they were forced through abusive screening processes – known as ‘filtration’ – which sometimes resulted in arbitrary detention, torture, and other ill-treatment.

Russia’s deplorable tactic of forcible transfer and deportation is a war crime

Agnès Callamard, Amnesty International’s Secretary General

“Separating children from their families and forcing people hundreds of kilometres from their homes are further proof of the severe suffering Russia’s invasion has inflicted on Ukraine’s civilians,” said Agnès Callamard, Amnesty International’s Secretary General.

“Since the start of their war of aggression against Ukraine, itself an international crime, Russian forces have indiscriminately attacked and unlawfully killed civilians, destroyed countless lives, and torn families apart. No one has been spared, not even children.

“Russia’s deplorable tactic of forcible transfer and deportation is a war crime. Amnesty International believes this must be investigated as a crime against humanity.

“All those forcibly transferred and still unlawfully detained must be allowed to leave, and everyone responsible for committing these crimes must be held accountable. Children in Russian custody must be reunited with their families, and their return to Ukrainian government-controlled areas must be facilitated.”

Amnesty International documented cases in which members of specific groups – including children, older people and people with disabilities – were forcibly transferred to other Russian-occupied areas or unlawfully deported to Russia. In one case, a woman was separated from her 11-year-old son during filtration, detained, and not reunited with him, in clear violation of international humanitarian law.

People detained during filtration told Amnesty International they had been subjected to torture and other ill-treatment, including being beaten, electroshocked and threatened with execution. Others had been denied food and water, with many held in dangerous and overcrowded conditions.

Amnesty International interviewed 88 people from Ukraine. The majority were civilians from Mariupol, as well as civilians from the Kharkiv, Luhansk, Kherson and Zaporizhzhia regions. Most, especially those from Mariupol, described coercive conditions that meant that they had no meaningful choice but to go to Russia or other Russian-occupied areas.

Amnesty International considers Russia’s annexation of Ukrainian territory, including the so-called ‘Donetsk People’s Republic’ (DNR) in the Russian-controlled part of Donetsk Region, to be illegal.

Forcible transfer from Mariupol

In early March 2022, the southeastern city of Mariupol was completely surrounded by Russian forces, making evacuations impossible. The city was subjected to near-constant bombardment, and civilians lacked access to running water, heat or electricity.

Thousands of people were able to evacuate the city towards Ukrainian government-held areas in mid-March, but as Russia gradually occupied the city, it forcibly transferred some civilians in neighbourhoods under its control, cutting them off from other escape routes. Civilians said they felt coerced to go on ‘evacuation’ buses to the DNR.

Milena, 33, told Amnesty International her experience while trying to flee Mariupol: “We started to ask questions about evacuation, where it is possible to go… I was told [by a Russian soldier] that it was only possible to go to the DNR or to Russia. Another girl asked about other possibilities [to evacuate], for instance to Ukraine… The answer came straight away, the soldier interrupted and said, ‘If you don’t go to the DNR or the Russian Federation, you will stay here forever’.”

Milena’s husband, a former marine with the Ukrainian military, was detained soon afterwards while crossing the border into Russia, and has not yet been released.

Forcible transfer of children and other at-risk groups

The laws of armed conflict prohibit the individual or mass forcible transfer of protected persons, including civilians, from occupied territory. In several cases, children fleeing without parents or other guardians towards Ukrainian-held territory were stopped at Russian military checkpoints, and transferred into the custody of Russian-controlled authorities in Donetsk.

As mentioned, an 11-year-old boy was separated from his mother during filtration, which violates international humanitarian law. The boy and his mother were captured and detained from the Illich Steel and Iron Works in Mariupol in mid-April by Russian forces.

They told me I was going to be taken away from my mom… I was shocked…

An 11-year-old boy who was separated from his mother

He told Amnesty International: “They took my mom to another tent. She was being questioned… They told me I was going to be taken away from my mom… I was shocked… They didn’t say anything about where my mom was going… I have not heard from her since.” 

The report also details the forcible transfer to Donetsk of all 92 residents of a state institution for older people and people with disabilities in Mariupol. Amnesty International documented several cases in which older people from Ukraine appeared to have been placed in an institution in Russia or Russian-occupied areas after fleeing their homes. This practice violates the person’s rights, and makes it difficult for them to leave Russia or to reunite with family members in Ukraine or elsewhere.

Once in Russia, several people said that they felt pressured into applying for Russian citizenship, or said their movements were restricted. The process of obtaining Russian citizenship has been simplified for children who are alleged to be either orphans or without parental care, and for some people with disabilities. This was meant to facilitate the adoption of these children by Russian families, in violation of international law.

These actions indicate a deliberate Russian policy related to its deportation from Ukraine to Russia of civilians, including children, suggesting that in addition to the war crime of unlawful deportation and transfer, Russia has likely committed the crime against humanity of deportation or forcible transfer.

Abusive screening processes, detention, and torture

Civilians from Ukraine who fled or were transferred to Russian-occupied areas or to Russia were usually forced through an abusive screening process when entering the DNR, when crossing the border into Russia, and also when leaving Russia for a third country. This process violates their rights to privacy and physical integrity.

At filtration points, officials took photographs of people, collected their fingerprints, searched people’s phones, forced some men to strip to their waists, and interrogated people at length.

Amnesty International documented seven cases where people suffered torture and other ill-treatment during detention. One case involved a 31-year-old woman, another a 17-year-old boy, and five were men in their 20s or 30s.

They bound my hands with tape and put a bag over my head and put tape around my neck…

Vitalii, 31, who was tortured by Russian soldiers while being detained

Vitalii, 31, was detained when he tried to leave Mariupol on an evacuation bus on 28 April. After Russian soldiers declared there was an issue with his documentation, he was forced onto a bus with several other men. He was driven to Dokuchaevsk, a town close to Donetsk, and placed in a cell with 15 men, before being taken for interrogation.

He told Amnesty International: “They bound my hands with tape and put a bag over my head and put tape around my neck… Then they said, ‘Tell us everything… Tell us where you serve, which base?’… [When I said I wasn’t a soldier] they started beating me in the kidneys very hard… I was on my knees, they were mostly kicking me. When they took me back to the garage, they said, ‘Every day, we will do this to you’.”

Amnesty International documented other cases that amount to enforced disappearances under international human rights law, and to the war crimes of unlawful confinement, torture and inhuman treatment. 

Hussein, a 20-year-old student from Azerbaijan, was detained while fleeing Mariupol for Zaporizhzhia in mid-March, and held for almost a month. He was accused of being a member of the Ukrainian military, and beaten while being interrogated.

Hussein told Amnesty International: “One of the soldiers said, ‘He won’t talk like this, bring the electric shocker’… There were two wires, they put them around my big toes and started shocking me repeatedly… They beat me repeatedly… I lost consciousness. They poured a bucket of water on me, and I woke up again. I couldn’t take it anymore, I just said, ‘Yes, I’m a soldier’. They continued beating me, I fell off the chair and they pulled me back up. There was blood coming out of my feet.”

Hussein was threatened with execution, beaten and electroshocked every day, until just a few days before his release on 12 April.

Russia and Russian-controlled forces must immediately stop their violent abuses against detainees

Agnès Callamard

“Russia and Russian-controlled forces must immediately stop their violent abuses against detainees,” said Agnès Callamard.

“The Office of the Prosecutor of the International Criminal Court and other relevant authorities must investigate these abhorrent crimes, including those against victims from at-risk groups. All those responsible for deportation and forcible transfer, as well as torture and other crimes under international law committed during filtration, must face justice.”

Methodology

Amnesty International interviewed 88 women, men and children from Ukraine for the report. At the time of the interviews, all but one were in Ukrainian government-controlled areas or were in a safe third country in Europe. One person remained in a Russian-occupied area.

Accountability for war crimes

Amnesty International has been documenting war crimes and other violations of international humanitarian law committed during Russia’s war of aggression in Ukraine since the conflict began. All of Amnesty International’s outputs are available here

Amnesty International has repeatedly called for members of Russian forces and officials responsible for the aggression against Ukraine and for violations to be held to account, and has welcomed the ongoing International Criminal Court investigation in Ukraine. Comprehensive accountability in Ukraine will require the concerted efforts of the UN and its organs, as well as initiatives at the national level pursuant to the principle of universal jurisdiction.

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