The MOTH Program & Project CETI explore how understanding whale communication can reshape the law.

CLIMATE AND ENVIRONMENT

The MOTH Program & Project CETI explore how understanding whale communication can reshape the law

New York University’s More-Than-Human Life (MOTH) Program and Project CETI (Cetacean Translation Initiative) have joined forces to explore how advances in our understanding of sperm whale communications could lead to positive legal change. Their findings are presented in a new article forthcoming in Ecology Law Quarterly and published on New York University School of Law’s pre-print site (SSRN): “What if We Understood what Animals are Saying? The Legal Impact of AI-assisted Studies of Animal Communication.” The paper explores the growing fields of artificial intelligence and bioacoustics and their potential to reshape human and nonhuman law by challenging long-held assumptions about animal communication. 

Photo of Spermwhale
Amanda Cotton (CETI)

Recent and interdisciplinary advancements in recording technology, advanced robotics, and AI have revealed that many species, from whales to honeybees, possess sophisticated communication systems. Pioneering projects like Project CETI utilize artificial intelligence and technological advances to study those communication systems and have already made groundbreaking findings, such as the sperm whale phonetic alphabet. Proving that cetaceans have a capacity for language would challenge current linguistic theories that confine language to humans and disrupt the legal landscape. From this starting point, co-authors César Rodríguez-Garavito, David F. Gruber, Ashley Otilia Nemeth, and Gašper Beguš explore two interdisciplinary questions rooted in law, linguistics, and science.

What if we could use AI to understand what animals – in particular, sperm whales – are saying? And what if we could use the law to translate that understanding into renewed protections and respect for nonhuman animal populations? 

Law and policy often lag behind the frontiers of scientific advancement, but the collaboration between NYU’s MOTH Program and Project CETI bridges that gap, bringing together two nascent and rapidly evolving fields: nonhuman animal communication technologies and more-than-human law. Together, the two organizations investigate the legal and ethical possibilities arising from new challenges to long-held assumptions about nonhuman animal communication. The joint article examines the legal implications of understanding sperm whales’ capacity for language and, taking the question even further, investigates the legal implications of understanding the contents of sperm whale communication.

Understanding the capacity and content of sperm whale language could radically reshape existing legal frameworks and supplement deeply insufficient contemporary understandings of cetacean behavior, social dynamics, needs, and experiences of suffering. These insights could strengthen enforcement of existing legislation, such as the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA), catalyze entirely new rights for cetaceans, or spark a fundamental transformation in cetaceans’ recognition and treatment by the law.

“At this inflection point, we must deepen our comprehension of the legal possibilities, and the risks, that arise when humans turn to AI to connect with and understand the more-than-human world,” says César Rodríguez-Garavito, founder of the MOTH Program and Professor at NYU Law. “But the potential impacts are much broader. By infusing legal thinking and practice with respect and reciprocity for other forms of life, we can reimagine what flourishing interspecies relationships look like.”

“A deeper appreciation for how nonhuman animals communicate allows us to better honor our relationship and interconnections with the natural world,” adds David Gruber, founder of Project CETI and Project Lead. “As science reveals new portals and understandings about the variety of ways in which life communicates with one another and other species, this shift in understanding should be paired by legal and policy protections.”

Left to Right: César Rodríguez-Garavito, David Gruber, Ashley Otilia-Nemeth, Gašper Beguš.

“Language is a defining trait of humanity—through language we build our relationships, societies, and even our laws. Science has already uncovered many properties of language in nonhuman animals, especially sperm whales, but we haven’t fully asked ourselves what this means for our legal frameworks. As AI-assisted research continues to bring new insights, we ask in our paper: If language underpins our humanity, our rights, and our laws, what does discovering these properties in nonhumans mean for their legal status, and how might our legal systems evolve as a result?” adds Gašper Beguš, CETI’s lead of Linguists and Associate Professor of Linguistics at the University of California, Berkeley.

“The history of nonhuman animal law demonstrates that science and public sentiment have long shaped—and will continue to shape—the way we treat other species. Unlocking nonhuman animal communication gives us yet another chance to wonder whether the boundaries of legal rights and personhood that humans have created are truly immutable,” says Ashley Otilia Nemeth, Supervising Attorney at the NYU Law MOTH Program.

The findings discussed in this article and the rapid growth of this field of research are already revealing an “immense world” of nonhuman animal perception, intelligence, and communication that humbles us into acknowledging our deep connections and similarities with the more-than-human world. With appropriate precautions and safeguards, the capabilities of today’s technology may not only draw us nearer to comprehension and “the verge of a breakthrough in interspecies technology.” They may also inspire new initiatives rooted in empathy and respect for the-more-than-human world, provide a path through current legal roadblocks, and raise fascinating challenges to fundamental legal paradigms, from entirely new rights to legal personhood.

Project CETI (Cetacean Translation Initiative) is a nonprofit scientific and conservation organization that is applying advanced machine learning and state-of-the-art robotics to listen to and translate the communication of sperm whales. Founded with catalytic funding via The Audacious Project, CETI’s science team comprises over 50 leading experts in artificial intelligence, natural language processing and complex systems, marine biology, cryptography, linguistics, robotics, engineering and underwater acoustics. This work demonstrates that today’s most cutting-edge technologies can be used to benefit not only humankind, but all species on this planet. CETI has made pioneering scientific discoveries, including characterizing a sperm whale phonetic alphabet and the discovery of sperm whale vowels. By sharing our findings with the public and collaborating with legal initiatives such as NYU’s MOTH, CETI is actively generating a greater wonder for Earth’s matrix of life as well as envisioning future legal and policy directions for the benefit of both humans and more-than-human life. 

Project CETI is a US 501c3 (EIN: 84-4630660) and a Dominican Approved Charitable Organization (No. C53).

The MOTH (More-Than-Human Life) Program, hosted by NYU School of Law, is an interdisciplinary initiative advancing the rights and well-being for humans, non-humans, and the web of life that sustains us all. The program brings together legal scholars, scientists, Indigenous leaders, journalists, artists, and other thinkers and doers from across the world.

Community-led monitoring in Guyana essential to Indigenous justice systems and access to justice

CLIMATE AND ENVIRONMENT

Community-led monitoring in Guyana essential to Indigenous justice systems and access to justice

Since 2013, the Wapichan people of the South Rupununi region of Guyana have pioneered an innovative community led territorial monitoring program to protect their rights, and advance their territorial governance and self determination. A recent submission by the South Rupununi District Council (SRDC) – the representative institution of the Wapichan people – and the Global Justice Clinic (GJC) highlights the importance of community monitoring to Indigenous justice systems and access to justice, and calls for greater government recognition and collaboration with Indigenous led community monitoring efforts. GJC has partnered with the SRDC since 2016.

Landscape of a field/land in Guayana with blue skies.

In January, the South Rupununi District Council (SRDC), the representative institution of the Wapichan people in the South Rupununi region of Guyana, along with the Global Justice Clinic (GJC), made a submission to the Special Rapporteur on the independence of judges and lawyers to inform her upcoming thematic report on Indigenous justice. The submission underscores the importance of community-led monitoring to the Wapichan people’s Indigenous justice system and access to justice more broadly, both of which are critical to the Wapichan people’s enjoyment of nationally and internationally recognized human rights.

Since 2013, the SRDC has utilized tools like drones, GIS mapping, and water quality testing to support scientifically rigorous data gathering efforts as part of its community-led monitoring program. The monitoring program builds upon the traditional monitoring practices of Wapichan community members that has accompanied customary activities such as hunting and fishing, and clearly documents “happenings” on Wapichan wiizi (territory), including deforestation, land degradation, and water contamination stemming from mining exploration and extractive activities by external actors. This documentation highlights clear violations of national and international law as well as violations of the Wapichan people’s customary law. GJC has partnered with the SRDC since 2016, providing technical and legal support to the monitoring program.

The submission highlights the centrality of the monitoring program to the Wapichan people’s territorial governance, care, and management of Wapichan wiizi, and its importance to self-determination. It argues that, as a participatory community institution that enables the regulation of lands according to custom and traditional practice, community-led monitoring serves as a mechanism for the implementation of customary Wapichan law, as well as supporting access to justice for violations of communities’ rights. This includes the Wapichan people’s right to a clean environment and to free prior and informed consent. The submission identifies government barriers
to community-led monitoring and emphasizes the powerful potential of community-led monitoring programs to address systemic injustices, advance the territorial-self governance of Indigenous communities, and strengthen environmental protection. In the Guyanese context, the submission calls for:

  • Government recognition of the Wapichan people’s land rights over the entirety of Wapichan wiizi.
  • Explicit government and other stakeholder recognition of the SRDC Monitoring Program and of the Wapichan peoples’ right to monitor their full customary territory.
  • Government collaboration with the SRDC monitoring program, for instance through Memorandums of Understanding with the Environmental Protection Agency and other relevant agencies.
  • Full transparency and timely response to requests for information from the Wapichan people that arise from the monitoring program.

MOTH Festival of Ideas & FORGE Gathering 2025

EVENTS

MOTH Festival of Ideas & FORGE Gathering at NYU Law

A dynamic week of interdisciplinary exploration, innovation, and collaboration.

The Center for Human Rights and Global Justice hosted a weeklong series of events through the More-Than-Human Life (MOTH) Festival of Ideas 2025 and the Future of Human Rights and Governance (FORGE) Gathering 2025. These global gatherings will bring together thought leaders, advocates, and scholars to explore the most pressing issues of our time, from ecological emergencies to technological disruption to geopolitical shifts. Taking place at NYU Law, this dynamic week of innovation, and collaboration ran from March 10 to March 15, 2025.

Hosted by the Earth Rights Action and Research (TERRA) and the FORGE programs, both gatherings include closed-door, interactive scholar-practitioner sessions, as well as sessions open to the public in the evenings.

With creativity and interdisciplinarity at their heart, the open sessions include keynote talks, interviews, film screenings, book launches, poetry readings, and interdisciplinary performances, concerts, and an exhibit on display throughout the week.

NYU Law is honored to host these pivotal gatherings that bring together bold ideas, diverse voices, and meaningful action. At a time when global justice faces unprecedented challenges, we are committed to fostering a space for creative thinking and forward-looking solutions.

César Rodríguez-Garavito
Chair, Center for Human Rights & Global Justice.

About the MOTH 2025 Festival

The MOTH Festival of Ideas featured thinkers and doers from around the world advancing the rights, interests, and well-being of nonhumans, humans, and the web of life that sustains us all. Practitioners and scholars from a wide range of disciplines—including law, ecology, philosophy, biology, journalism, the arts and well beyond—are pursuing efforts to bring the more-than-human world into the ambit of moral, legal, and social concern. The MOTH Festival of Ideas featured over 100 thinkers and doers at the cutting edge of this rich and rapidly evolving field. 

About the FORGE 2025 Gathering

With two days designed to foster a solutions-oriented community of legal experts, social scientists, governance professionals, and community-based practitioners, the FORGE conference is dedicated to uncovering new approaches and solutions that reimagine rights and governance at a critical time for global justice. 

With the hope of building momentum toward a brighter future, the MOTH 2025 Festival of Ideas and FORGE 2025 Gathering seek to transform perceptions and inspire a transnational community of practice with new ideas about global justice and more-than-human rights and encourage experimentation with new actions and approaches. 

March 10-15, 2025 Schedule of Events

3:00-6:00 p.m. | RSVP via Nina Kantcheva at nina.kantcheva@undp.org
UNDP Headquarters at 304 E 45th St. 11th Fl, NY 

Panel: Working with fungi to protect biodiversity and mitigate climate change 

  • César Rodríguez-Garavito: Professor at NYU Law and founding director of the More-Than-Human (MOTH) Life program. 
  • Midori Paxton: Director, Nature HUB, UNDP 
  • Merlin Sheldrake: Biologist, author of Entangled Life: How Fungi Make Our Worlds, Change Our Minds, and Shape Our Futures, and Distinguished fellow at the Center for Human Rights and Global Justice at NYU Law
  • Nina Kantcheva: Senior policy adviser on Indigenous Peoples and Local Community Engagement, UNDP (Moderator)

9:00 a.m.-3:30 p.m. | MOTH Festival of Ideas – Academic Conference (closed session)
Breakout rooms at Kimmel Center 

Noon-3:00 p.m. | MOTH Festival of Ideas – Exhibit Opening
Greenberg Lounge located inside Vanderbilt Hall at NYU School of Law
The Exhibit will remain on display until March 14 and can be visited from 10:00 a.m. – 8:00 p.m.

4:00 – 7:00 pm  | MOTH Festival of Ideas – Public Sessions
Tishman Auditorium located inside Vanderbilt Hall at NYU School of Law 

Talk: José Gualinga
José Gualinga: Former Tayak Apu (president) of the Sarayaku Indigenous People and current advisor to the Tayjasaruta (Sarayaku Governing Council); spearheaded the development of the Kawsak Sacha Initiative.

Poetry Reading: Fátima Vélez
Fátima Vélez: Story-teller, professor, PhD candidate, and cultural producer; published the collection of poems Casa Paterna, Del Porno y las babosas, Diseño de Interiores, and the novels Galápagos and Jardín en Tierra Fría; part of Como un Lugar, a collective of Latin American poets based in NYC.

Talk: An exploration of More-Than-Human Rights, César Rodríguez-Garavito
César Rodríguez-Garavito: Professor at NYU Law and founding director of the More-Than-Human (MOTH) Life program. 

Poetry Reading: Ezequiel Zaidenwerg
Ezequiel Zaidenwerg: Writer, translator, educator and photographer; published the novels 50 estados: 13 poetas contemporáneos de Estados Unidos and El camino and the poetry collections Doxa and La lírica está muerta.

Conversation: Merlin Sheldrake and Jonathan Watts
Merlin Sheldrake: Biologist and author of the best-selling book, Entangled Life How Fungi Make Our Worlds, Change Our Minds & Shape Our Futures.

Jonathan Watts: Journalist, co-founder of Sumaúma, and global environment editor at The Guardian.

Poetry Reading: Angela Rawlings
Angela Rawlings: Interdisciplinary artist-researcher; author of Wide slumber for lepidopterists, Gibber, o w n, si tu, and Sound of Mull; founder of Snæfellsjökul fyrir forseta (Glacier for president), Iceland’s first rights of nature movement.

7:00 – 9:00 pm  | MOTH Festival of Ideas – Art and Performances
Eisner & Lubin Auditorium located inside Kimmel Center 

Talk: Sol Guy
Sol Guy: Award-winning producer and director; co-founder of Quiet, an artist-led community based in trust, care, and empowerment; honored by National Geographic as an “Emerging Explorer”; co-produced and directed highly acclaimed projects in music, film, and TV, including: Oscar-nominated film Bobi Wine: The People’s President;  the television series 4REAL (MTV/National Geographic); the 2010 World Cup anthem, K’naan’s  WAVIN FLAG; and the documentary Inside Out (HBO).

Musical Performance: Eric Terena
Eric Terena: DJ and music producer; amplifies through his music the power of Indigenous ancestrality; currently part of Youth4Climate which, together with other young climate activists from around the world, promotes awareness and actions to reverse the impacts of climate change.

9:00 a.m.-3:30 p.m. | MOTH Fest of Ideas – Academic Conference (closed session)
Breakout rooms at Kimmel Center 

4:00-9:00 pm  | MOTH Festival of Ideas – Public Sessions
Tishman Auditorium located inside Vanderbilt Hall at NYU School of Law 

Conversation: David Gruber and César Rodríguez-Garavito
David Gruber: Marine biologist & Founder & President of Project CETI, an interdisciplinary scientific organization that uses advanced robotics and applied computer sciences to listen to and translate sperm whale communications.

César Rodríguez-Garavito: Professor at NYU Law and founding director of the More-Than-Human (MOTH) Life program. 

Poetry Reading: Lila Zemborain
Lila Zemborain: Professor and author of eight poetry collections, compiled in Buenos Aires as Matrix Lux; director and editor of the Rebel Road series and curator of the KJCC Poetry Series at New York University.

Talk: Christine Winter
Christine Winter: Senior Lecturer in environmental, climate change, multispecies, and Indigenous politics at the University of Otago (New Zealand).

Book Launch: Elena Landinez in conversation with Fátima Vélez
Elena Landinez: interdisciplinary artist whose practice explores the relationship between the human and more-than-human.

Fátima Vélez: Storyteller, professor, PhD candidate, cultural producer, and author of the collection of poems Casa Paterna, Del Porno y las babosas, Diseño de Interiores, and the novels Galápagos and Jardín en Tierra Fría.

Poetry Reading: Neronessa

Neronessa: Award-winning poet and social entrepreneur; published the poetry collections La Estirpe de las Gárgolas and El Volcán de la Matriz Electroelástica; participated in over a dozen anthologies and translations in Latin America, Europe and the United States; speaker at the United Nations and NYC Climate Week.

Documentary Screening: All That Breathes followed by Q&A with Shaunak Sen
Shaunak Sen: director of All That Breathes, Grand Jury Prize in the World Cinema Documentary Competition at the 2022 Sundance Film Festival and the Golden Eye award for the best documentary at the 2022 Cannes Film Festival.

9:00 a.m.-3:30 p.m. | MOTH Fest of Ideas – Academic Conference (closed session)
Breakout rooms at Kimmel Center 

9:00 a.m.-3:30 p.m. | FORGE Ideas & Actions Discussion Series (closed session)
Greenberg Lounge located inside Vanderbilt Hall  at NYU School of Law 

4:00-8:00 pm  | FORGE x MOTH Festival of Ideas – Public Sessions
Tishman Auditorium located inside Vanderbilt Hall at NYU School of Law 

Conversation: Elisa Morgera and Dylan McGarry
Elisa Morgera: UN Special Rapporteur on Climate Change and Human Rights and Professor of Global Environmental Law at the University of Strathclyde.

Dylan McGarry: Co-director of One Ocean Hub and a founding member of Empatheatre.

Remarks: NYU Law Dean Troy McKenzie
Troy McKenzie: Dean and Cecelia Goetz Professor of Law at NYU School of Law.

Arts: Tour of the MOTH Exhibit
Featured artwork by: Elena Landinez, Eli Jacobs-Fantauzzi, Erin Yoshi, Ezequiel Zaidenwerg-Dib, Fátima Vélez, Flora Wallace (ceramicist, ink maker and painter) , and Wio Gualinga (visual artist from the Kichwa Indigenous People of Sarayaku). 

Book Launch: Jonathan Watts in conversation with Genevieve Guenther and Andrew Revkin
Jonathan Watts: Journalist, co-founder of Sumaúma, and global environment editor at The Guardian.

Genevieve Guenther: Founder of End Climate Science and author of The Language of Climate Politics: Fossil-Fuel Propaganda and How to Fight It.

Andrew Revkin: Journalist, educator, and author, whose published work includes The Burning Season and The Human Planet: Earth at the Dawn of the Anthropocene.

Conversation: Eliana Hernández-Pachón and Erin Robinsong
Eliana Hernández-Pachón: ​​Writer and educator whose book, The Brush, received the Colombia National Poetry Prize.

Erin Robinsong: Poet, interdisciplinary artist, and author of Rag Cosmology and Wet Dream.

8:00 – 9:30 pm  | MOTH Festival of Ideas – Art and Performances
Eisner & Lubin Auditorium located inside Kimmel Center 

Concert: Cosmo Sheldrake
Cosmo Sheldrake: UK-based multi-instrumentalist, producer, composer, live improviser, and field recordist; toured internationally with sold-out headline shows across North America, Europe, and Japan; released Wake Up Calls (2020) on his label Tardigrade Records, Wild Wet World (2023), and Eye to the Ear (2024).

9:00 a.m.-3:30 p.m. | FORGE Ideas & Actions Discussion Series (closed session)
Greenberg Lounge located inside Vanderbilt Hall at NYU School of Law

March 14 | 8:00 – 9:30 p.m.
Eisner & Lubin Auditorium located inside Kimmel Center 

The MOTH Festival of Ideas concluded with a concert by Cosmo Sheldrake, a UK-based multi-instrumentalist, producer, composer, live improviser, and field recordist.

March 12-15 | 10:00 a.m. – 8:00 p.m.
Greenberg Lounge located inside Vanderbilt Hall at NYU School of Law 

The Exhibit featured a range of artists whose work engages with questions essential to understanding and transforming our relationships with the more-than-human world. Featured artwork by: Elena Landinez, Eli Jacobs-Fantauzzi, Erin Yoshi, Ezequiel Zaidenwerg-Dib, Fátima Vélez, Flora Wallace (ceramicist, ink maker and painter) , and Wio Gualinga (visual artist from the Kichwa Indigenous People of Sarayaku).

Bay Kou Bliye, Pote Mak Sonje: Climate Injustice in Haiti and the Case for Reparations

CLIMATE & ENVIRONMENT

Bay Kou Bliye, Pote Mak Sonje: Climate Injustice in Haiti and the Case for Reparations

This report by the Global Justice Clinic at NYU Law and the Promise Institute for Human Rights at UCLA Law, in collaboration with Haitian social movement organizations, illuminates the crisis of climate injustice in Haiti. 


Bay Kou Bliye, Pote Mak Sonje: Enjistis Klimatik an Ayiti ak Demann pou Reparasyon se yon rapò ekri pa Klinik Jistis Mondyal nan Fakilte Dwa NYU ansanm ak Enstiti Promise pou Dwa Moun nan Fakilte Dwa UCLA. Se atrave kolaborasyon ak mouvman sosyal an Ayiti nou reyalize li. Rapò a prezante enpak dega klimatik sou popilasyon Ayisyen epi li montre jan istwa kolonizasyon ak enjistis rasyel kreye vilnerabilite klimatik Ayiti. Li bay egzanp pou montre kouman popilasyon Ayisyen ap degaje yo nan reyalite difisil la, epi li konkli reparasyon se nesese pou jistis klimatik ansanm ak jistis rasyel. Rapò a ansanm ak rezime egzekitif la disponib anba — klike sou ti kare a pou jwenn yo.

The report outlines the impacts of climate harms on Haitian people and their human rights, the colonial construction of Haiti’s climate vulnerability, and the legal and moral arguments for reparations to advance both climate and racial justice. It also touches on grassroots efforts in Haiti for climate resilience and to advance land rights, environmental justice, and community self-determination.

Haiti is one of the countries most harmed by the global climate crisis. The country’s climate vulnerability is not just a product of its geography—it is also the result of centuries of racial injustice, originating in colonialism, slavery, and Haiti’s “independence ransom” to France. Haiti powerfully illuminates that the climate crisis is a racial injustice crisis. Yet there is little available research presenting the impacts of climate change—or climate disorder as Haitian activists term it—on Haitian people, analyzing the connections between racial and climate injustice, and presenting demands for climate justice, including critically for reparations. This report advances the case for reparations to Haiti, and demonstrates that reparations are essential to advancing climate justice.

Center Chair gives keynote talk in Brazil Supreme Court’s seminar on structural litigation

CLIMATE AND ENVIRONMENT

Center Chair gives keynote talk in Brazil Supreme Court’s Seminar on structural litigation  

On October 7, 2024 as part of the Center for Human Rights and Global Justice’s ongoing academic exchange with Brazil’s Supreme Federal Court (STF), Professor César Rodríguez-Garavito gave a keynote talk in the seminar “Structural Litigation: Advances and Challenges” in Brasilia.

The event was organized by STF Chief Justice Luís Roberto Barroso as well as other high-ranking Brazilian judges, including STF’s Deputy Chief Justice Edson Fachin and the Federal High Court’s Chief Justice Antonio Herman Benjamin. 

In his opening remarks, Minister Barroso highlighted the significance of structural litigation—that is, constitutional cases addressing systemic policy issues that affect the rights of large groups. Among ongoing structural cases before the Brazilian Supreme Court are those dealing with violations of Indigenous rights in the Amazon, prison overcrowding, and police violence in informal settlements. He underscored that this emerging area is central to the Brazilian judiciary, urging judges to proactively identify such issues and ensure that relevant governmental institutions develop and implement effective solutions. Other judges on the panel echoed the importance of the judiciary’s authority to act in these matters and emphasized the need for effective monitoring of structural court decisions. 

The seminar also featured discussions on the judiciary’s role in resolving complex structural conflicts. Professor Rodríguez-Garavito shared insights on how structural cases are handled in comparative law, focusing on their impacts and potential applications to climate litigation. He highlighted the STF’s contributions to the protection of constitutional rights through structural rulings and suggested ways forward to ensure the legitimacy and effective implementation of the Court’s rulings. 

The Center for Human Rights and Global Justice’s participation in this seminar is one of many initiatives planned with high courts from around the world for the upcoming year, underscoring the Center’s commitment to supporting judicial engagement in innovative legal areas while protecting rights and advancing justice for all. 

Carbon Markets, Forests and Rights: An Introductory Series for Indigenous Peoples

CLIMATE AND ENVIRONMENT

Carbon Markets, Forests and Rights

An Introductory Series for Indigenous Peoples

Indigenous peoples are experiencing a rush of interest in their lands and territories from actors involved in carbon markets. Many indigenous communities have expressed that to make informed decisions about how to engage with carbon markets, they need accessible information about what these markets are, and how participating in them may affect their rights.

In response to this demand for information, the Global Justice Clinic and the Forest Peoples Programme have developed a series of introductory materials about carbon markets. The materials were initially developed for GJC partner the South Rupununi District Council in Guyana and have been adapted for a global audience.

The explainer materials can be read in any order:

  • Explainer 1 introduces key concepts that are essential background to understanding carbon markets. It introduces what climate change is, what the carbon cycle and carbon dioxide is, and the link between carbon dioxide, forests and climate change. 
  • Explainer 2 outlines what carbon markets and carbon credits are, and provides a brief introduction to why these markets are developing and how they function
  • Explainer 3 focuses on indigenous peoples’ rights and carbon markets. It highlights some of the particular risks that carbon markets pose to indigenous peoples and communities. It also highlights key questions communities should ask themselves as they consider how to engage with or respond to carbon markets
  • Explainer 4 provides an overview of the key environmental critiques and concerns around carbon markets
  • Explainer 5 provides a short introduction to ART-TREES. ART-TRESS is an institution and standard that is involved in ‘certifying’ carbon credits and that is gaining a lot of attention internationally.

Relocation Now, Mine-Affected Communities in the D.R. and their Allies tell Barrick Gold

CLIMATE & ENVIRONMENT

Relocation Now, Mine-Affected Communities in the D.R. and their Allies tell Barrick Gold

As Barrick Gold prepares to hold its Annual General Meeting in Toronto tomorrow, Dominican communities impacted by the company’s Pueblo Viejo mine and their allies have issued an open letter to the company demanding immediate community relocation.

The letter from Espacio Nacional por la Transparencia en las Industrias Extractivas (National Space for Transparency in the Extractive Industry (ENTRE) and the Comité Nuevo Renacer, alleges grave harms to nearby communities’ health, livelihoods, and environment due to the mine’s operations. The letter also raises concerns about Barrick’s plans to expand the Pueblo Viejo mine––already one of the world’s largest gold mines–– including by constructing a new tailings dam. Dominican, Canadian, and U.S. based allies, including the Global Justice Clinic, signed on to the letter in solidarity.

Last month, communities affected by Barrick mines in Alaska, Argentina, the Dominican Republic, Nevada, Pakistan, Papua New Guinea, and the Philippines came together in a Global Week of Action, calling out the gap between Barrick’s rhetoric on human rights and its record. GJC works in solidarity with communities near Cotuí impacted by Barrick’s operations.

This post was originally published on May 1, 2023. 

Communities in Haiti Renew their Protests Against Newmont Mining Concessions

CLIMATE AND ENVIRONMENT

Communities in Haiti Renew their Protests Against Newmont Mining Concessions

Today [April 26, 2023], Newmont—the largest gold mining company in the world—is holding its Annual General Meeting (AGM). This year, Newmont will be focused on pitching shareholders on its proposed acquisition of Australia’s Newcrest Mining Limited. On the other side of the world, Haitian organizations continue to protest its activities in the country’s Massif du Nord mountain range.

Newmont conducted exploration in Haiti between 2009 and 2013 under permits that covered swathes of the country’s North but has been unable to exploit its now-expired concessions due to political and legal obstacles. A revised Mining Law, drafted with World Bank assistance and presented to Parliament in 2017, has yet to pass due to Haiti’s ongoing political crisis. If and when it does pass, it is believed that industrial gold mining would commence. However, the gravity of the humanitarian situation in the country presents another significant hurdle for Newmont: recent reports suggest that gang violence, disease, and food insecurity continue to escalate. 

Since 2013, the Global Justice Clinic has worked in solidarity with social justice and community organizations in Haiti who oppose metal mining. In the small, densely populated country, where many depend on subsistence agriculture, the environmental and human rights impacts of Newmont’s proposed open-pit mines would be disastrous.

This April, communities in the North of Haiti marked Newmont’s AGM by renewing their opposition to the company’s presence on their land. Sixteen local organizations signed a declaration which reiterates their resistance to metal mining and denounces, in the strongest terms, the environmental harm and loss of livelihoods that Newmont’s proposed mine would entail. Their declaration calls on all the communities in the world suffering under the threat of mining operations to “bring our strength and energy together to defend our lives.”

To bring these concerns to the attention of investors, the Global Justice Clinic has published a brief setting out a business case against Newmont’s proposed mining operations in Haiti. In the view of the Clinic and its partners, the material, environmental, and human rights risks of metal mining in Haiti outweigh the value of any investment. Newmont should dissolve its Haitian subsidiaries and responsibly disengage from the country, including by cleaning up its encampments.

April 26, 2023.

Extraordinary Conditions: A Statutory Analysis of Haiti’s Qualification for TPS 1

CLIMATE AND ENVIRONMENT

Extraordinary Conditions

A Statutory Analysis of Haiti’s Qualification for TPS 1

This report presents the extraordinary conditions in Haiti that prevent nationals from safely returning. This report also discusses the unique political moment in which Haiti finds itself—a moment which contributes to the country’s challenges with stability and security, impeding its ability to safely receive its nationals. But it also shows where progress has been made, demonstrating that the conditions described here—while together constituting a pressing social and public health crisis—remain temporary. 

Since the U.S. government designated Haiti for Temporary Protected Status (TPS) in January 2010 after one of the world’s worst natural disasters, the country has undergone two additional catastrophes: the outbreak of cholera, introduced into Haiti’s waterways through reckless sanitation at a United Nations military base, and Hurricane Matthew, the strongest hurricane to hit Haiti in more than half a century. The Department of Homeland Security (DHS) designates countries for TPS in cases of ongoing armed conflict, natural disaster, or other extraordinary and temporary conditions that prevent the nationals of those countries who have emigrated from safely returning to their home country. The DHS redesignated Haiti for TPS in 2011, emphasizing the gravity of the damage that the earthquake had caused and the severity of one of the world’s worst cholera outbreaks. TPS has been extended for Haiti four times since redesignation. 

The conditions for which TPS is in effect remain, making it unsafe for Haitian nationals to return. These conditions include a housing crisis that has left families stranded in camps and in unsafe, makeshift shelters to this day; a cholera outbreak, sparked by United Nations troops just 10 months after the earthquake, which has caused nearly 10,000 deaths and more than 815,000 cases of illness—in a country of fewer than 11 million people; and a period of extreme hunger and malnutrition caused by drought and storms and exacerbated by the economic shocks of the earthquake and Hurricane Matthew. Matthew hit one of Haiti’s key food-producing areas. 

Although these events and conditions are extraordinary and harsh, they are temporary. The Haitian government has made impressive progress in reducing the number of cases of cholera and resulting deaths. As of 2017, Haiti finally has an elected president and a full parliament, for the first time since 2012. 

This report presents the extraordinary conditions in Haiti that prevent nationals from safely returning today. This report also discusses the unique political moment in which Haiti finds itself—a moment which contributes to the country’s challenges with stability and security, impeding its ability to safely receive its nationals. But it also shows where progress has been made, demonstrating that the conditions described here—while together constituting a pressing social and public health crisis—remain temporary.

Rhetoric vs Record: Communities Call out Barrick for Falling Short on Human Rights

CLIMATE AND ENVIRONMENT

Rhetoric vs Record: Communities Call out Barrick for Falling Short on Human Rights

Representatives of communities impacted by Barrick Gold’s mining operations claim the company systemically ignores their concerns. Despite President and CEO Mark Bristow’s claim that “recognizing and respecting human rights have long been a fundamental value” for the company, people living near Barrick operations in the Dominican Republic, Argentina, Tanzania, Papua New Guinea, the Philippines, Pakistan, and the United States tell a different story.

As Barrick prepares for its Annual General Meeting on May 2nd, frontline communities are launching a Week of Action from April 11-16 calling out the gap between Barrick’s rhetoric and record. They claim oppressive violence, perpetual water pollution, violations of Indigenous Rights, and destroyed livelihoods. Their experiences call Barrick’ social license to operate into question.

These community leaders are calling on Barrick to turn its rhetoric into reality: to listen to their demands, act transparently, and remedy the harms they have already experienced. Below are their statements.

“Barrick’s proposed Donlin Gold mine puts the Yup’ik and Cup’ik ways of life in harm’s way for the rest of time. Our people rely on our river and fish for food security and risking contamination with toxic slurries stands against our traditional values, which is shown with wide Tribal opposition to the Donlin project. I encourage Barrick to revoke their investment in Donlin Gold and the exploratory efforts 35 miles away. Barrick and partners do not have a social license or a relationship with the Tribes and it is important to understand for-profit Native corporations do not represent our people. Barrick does not have our consent.”

Statements

“Barrick has spilled toxic chemicals into the water of the Jáchal River multiple times, while operating in the heart of the San Guillermo Biosphere Reserve, an ecologically sensitive area. They have not been transparent about their impacts, which violates our democratic institutions. The solution is for the company to leave.”

“We have been calling for more than 20 years for justice for the people of the Island of Marinduque whose lives and livelihoods continue to be affected by the contamination of our rivers and marine areas from almost 30 years of irresponsible mining. Barrick is fighting us in our courts rather than providing the compensation we need to do the clean-up ourselves. Marinduqueños have waited long enough, it is time that Barrick lives up to its claims of being a responsible company and takes responsibility for the mess left behind in Marinduque.”

“We have never stopped advocating for justice for the many men, women, and children who have become the victims of the Porgera Joint Venture mine, through the pollution of our rivers, through the house burnings by mine security and police, and through the rapes and killings and beatings of our Ipili and Engan Indigenous people by mine security and police. We oppose Barrick reopening the mine until all the victims of Porgera Joint Venture have been fairly compensated and until we know that Barrick will clean up the mine waste that surrounds our houses.”

“Last December, Barrick Gold reached an unlawful agreement with the central government of Pakistan to extract gold and copper from the Reko Diq mining site. The locals in Balochistan, especially the locals surrounding the mining sites in Chaghi District, did not consent to this project. This violation not only threatens the region’s autonomy and environment but also exacerbates the difficulties already faced by the suppressed local population. Barrick Gold must disclose every detail of the agreement to the masses and the media, and stop working until the local people approve the project.”

“Barrick says they bring progress, but we are one of the poorest provinces in the country, even though we live next to one of the largest gold mines in the world. In 2012, Barrick Gold built the El Llagal tailings dam at the Pueblo Viejo mine. Twenty-one streams have dried up and the project has impacted two principal rivers, the Llagal and the Maguaca. Now, we receive drinking water from the government. We want to ask: if the company is allowed to destroy the streams and rivers that provided water to six communities, why hasn’t there been any efforts to relocate us to another area without all of the pollution and with access to water?”

“The environmental impacts generated by Barrick Gold have been devastating culturally and spiritually for the Western Shoshone, and yet the company claims to ensure responsible mining practices that respects, protects, and preserves our cultural heritage. Barrick’s attempt to mitigate for the protection and preservation of Western Shoshone cultural heritage is to provide funding to assist with establishing a cultural center and language program, funding support for local cultural activities, and trips for the elders to attend other cultural gatherings. This may all sound and look good but is it? Eventually, Western Shoshone people will become totally dependent on funding from an industry that sets out to destroy our homelands. There is no long-term benefit in the destruction of our land and culture.”

In addition to the statements above, Tanzanian Kuria peoples from villages surrounding the North Mara Gold Mine are currently in court in both the UK and Canada claiming excess use of force by mine security and police guarding the mine leading to deaths and maimings.

This post was originally published as a press release on April 11, 2023. 

The Global Justice Clinic partners with social movements and community organizations to prevent, challenge, and redress economic, racial, and climate injustice, while training the next generation of social justice lawyers. Statements of the Global Justice Clinic do not purport to represent the views of NYU, if any.

Earthworks is dedicated to protecting communities and the environment from the adverse impacts of mineral and energy development while seeking sustainable solutions.

MiningWatch Canada works toward a world in which Indigenous peoples can effectively exercise their rights to self-determination, communities must consent before any mining activities may occur, mineworkers are guaranteed safe and healthy conditions and there is effective access to justice and reparations for mining harms.