The long-awaited decision denied a petition for a permanent injunction and lifted a temporary injunction that had been granted to the plaintiffs, landowners on the Rai Coast, who bathe, fish and travel in the waters where millions of tons of mining waste would be dumped.

In his ruling, judge David Cannings found there was “a high likelihood that serious environmental harm … will be caused by operation of the [deep-sea tailings placement].” Yet he nevertheless refused to grant a permanent injunction, citing, among other things, the plaintiff’s delay in bringing the action (well after the government had approved waste-disposal plan), the economic consequences for the companies and other stakeholders, and potential negative impact on investor confidence in PNG as a whole.

Suggesting that the landowners might receive court help in the future — once the damage is done — the judge also noted, “If environmental harm of the type reasonably apprehended by the plaintiffs does actually occur, they will be able to commence fresh proceedings at short notice and seek the type of relief being denied them in these proceedings.” The court’s one concession to the plaintiffs’ requests was that they must be consulted and kept informed every three months on tailings-disposal issues, for the life of the mine. The Ramu plaintiffs intend to appeal the ruling.

Rewind one week, to a seemingly unrelated gathering at the David Brower Center (SLFP’s home office in Berkeley, Calif.) sponsored by Earth Island Institute, where Stewart Brand and Winona LaDuke debated about technology and the environment. An audience member — our friend Peter Coyote — stood up and commented that Brand was operating from a place of intellect and LaDuke from a place of wisdom. Peter suggested leaders would do well to have wisdom advisers, not just intellectuals and technocrats offering policy advice.

The concept strikes us as directly relevant to the court case in PNG. The ruling, applauded by the governor of Madang and PNG’s mining minister, is a clear example of the values that currently preside across the globe — particularly here in the United States, where our need to consume drives a frantic demand for more. The search for ever-increasing profits and more and more stuff is finally becoming imbedded in places previously considered too remote, pristine places like PNG, where people still live off the land and many deal in trade rather than money. These places are now under siege by a new value system that will reshape the land and the culture until they are a direct reflection of the dominant system. Wisdom seems far off indeed as mining waste begins to flow into the sea.

Here at the Sacred Land Film Project, we follow the news from afar, feeling as though it was just yesterday we were filming in Madang with our new partners and friends, promising to bring their story to the world. We are now in the heat of writing and editing the story, to fulfill our promise and produce a documentary record that will be a tribute to the voices of wisdom that still remain.

For more information, read the full court decision, visit Papua New Guinea Mine Watch, and listen to the plaintiffs’ lawyer, Tifanny Nongorr, comment on the decision.

The trove of Aboriginal artifacts — tools, stones and spear tips — were discovered last fall in a grassy floodplain by the Jordan River, where the bridge — part of a new highway 20 years in the planning and deemed by the state as essential infrastructure — was slated to be built. Immediately, archeologists and conservationists, the Aboriginal community, and even some government officials, began calling for site protection.

Those calls, as well as a legal challenge, failed. The Tasmanian state government said it had investigated alternative routes but found none to be viable. On April 11, the state approved the final construction permits, and contractors erected fencing around the disputed land to begin construction.

Protestors quickly mobilized, joining a group that had already been occupying a camp at the site, and decided to challenge police at the fence and climb the barricade to stop initial excavation work. Over the course of a week, more than 20 people were arrested.

In a conciliatory gesture, the Tasmanian infrastructure minister said an additional $15 million would be spent to ensure the bridge does not disturb the ancient artifacts. The government has also offered the Aboriginal community land on either side of the bridge so that an interpretation site could be built, but it was not immediately clear whether that offer would be accepted.

On April 21, Aboriginal activists officially called off their protests at the site, saying they didn’t believe that continued arrests would stop the bridgework. However, they also said they had not ruled out future actions.

Trudy Maluga of the Tasmanian Aboriginal Center noted that the Aboriginal protests had not been in vain: “We are winning the war, people are talking about Aboriginal heritage, which they haven’t done for years.” She said protesters would now push for legislative changes to give the Aboriginal community greater control over heritage sites.

At issue are the plans of the Chinese state-owned China Metallurgical Group Corp. (MCC) to extract nickel and cobalt from an area called Kurumbukari, send it through an 84-mile slurry pipeline to their refinery at Basamuk Bay and, after processing, dump the untreated waste into the sea. An estimated 5 million tons of various heavy metals and toxins would be dumped annually.

Whether MCC will be allowed to do so in an operation euphemistically called “deep-sea tailings placement” is expected to be determined by the court in the next few months. (They’ll announce the date of their decision in April.) More than a thousand villagers from the Rai Coast, those most likely to be impacted by the disposal, have joined the lawsuit.

At stake for MCC is the millions of dollars it says it’s losing each week that the project is delayed, and millions more if the court rules it must come up with an alternative method for waste disposal. At stake for the villagers at Basamuk Bay and the Rai Coast is their source of food, the water in which they bathe, and their primary pathways of transportation.

The court case has brought some important facts to light:

• MCC admitted that they’ve already dumped ore into the bay, despite a standing court injunction specifically banning the practice.

• MCC’s contract with the Papua New Guinea government allows it to import ore from other countries and process it at the Basamuk plant, including disposing of those additional tailings in the sea.

• The company used false information in a brochure it distributed to villagers about the deep-sea impacts of the tailings disposal.

• In early March, MCC alerted villagers that they should avoid fishing and swimming in the waters near the Basamuk refinery because of a spill of sulphuric acid that occurred four days earlier. The company later retracted that warning and said only a few liters of acid had dripped onshore. Skeptical villagers report that the coral has turned white and they are afraid to eat fish from the bay.

During our shoot in PNG last April, we visited the sites that the court saw from their helicopter — the refinery site at Basamuk, the mining site at Kurumbukari, the sometimes precariously braced slurry pipeline. We met the lead plaintiff at the time, Sama Mellambo, who has since withdrawn (some people believe his decision was made under duress), and two brothers who were resisting relocation by the mine.

We have constantly been astonished by the reports we hear from this developing story, and we anxiously wait with the rest of the country for the court’s verdict, which will determine the fate of tens of thousands of people and the direction of millions of dollars.

Community members are tasked with proving the mining waste, or tailings, flushed into the ocean will cause environmental harm. They have united together with power in numbers: 998 landowners have joined the plaintiff’s case to submit opposition to the waste dumping. Learn more about the lawsuit at Earthworks.

Additional information and commentary available at The National, Papua New Guinea Mine Watch, Ramu NiCo website.

On Dec. 21, the Ba Jawi community in Sarawak, in the Malaysian part of Borneo, lodged a collective-action lawsuit against Malaysian timber giant Samling and the Sarawak state government over 15,000 hectares of primary rainforest. The area covered by the claim is a key region of the Penan Peace Park, a self-administered conservation region in the Heart of Borneo that was proclaimed a nature reserve by 17 Penan communities in November 2009 and covers more than 600 square miles.

The Penan claim that the logging license held by Samling, which was issued by the Sarawak government in 1993, is unlawful because it covers lands held by the Penan under native customary rights and was issued without their consultation.

According the the Penan’s filed statement of claim, the land is not only their source of livelihood and sustenance but also “constitutes life itself as [it] is fundamental to the plaintiffs’ social, cultural and spiritual identity as the native Penan peoples of Sarawak.”

The case is the fifth such native customary rights case filed by Penan communities in this region since 1998, none of which have yet been resolved. The Penan’s active land-rights struggle stretches back to the 1980s, when they began blockading roads to halt logging activities, which have destroyed much of their native lands. While sometimes successful, these blockades also led to arrests, violent crackdowns, and possible murders of activists and indigenous leaders.

Samling timber operations have also posed another threat. In September of last year, a leaked Samling document indirectly acknowledged that employees at its Sarawak timber camps were involved in the alleged rape of Penan women and girls. The document, a directive from Samling’s general manager of forest operations in Malaysia, prohibited all employees from entering Penan villages or providing transportation to Penan people without management permission.

For more background information, read our Lands of the Penan sacred site report.

The Oct. 26, 1985 hand back, when the Australian government signed the title deeds over to the Anangu, marked a symbolic moment in the Aboriginal land rights struggle. Since then, the Anangu have leased Uluru-Kata Tjuta National Park to Parks Australia under a joint management agreement.

But despite high tourist numbers — more than 300,000 a year — Anangu say they have not seen the benefits. At the Ayers Rock Resort, the only tourist site serving the national park, it was reported that only one employee out of 670 is indigenous.

That statistic, however, is expected to change. A week before the handover celebration, the Indigenous Land Corp., a federal agency established to help Aboriginal people with land acquisition, announced the purchase of the resort for AU$300 million. The deal — made in partnership with Wana Ungkunytja, which represents indigenous business interests in nearby communities — includes all hotels and accommodations, as well as the airport.

ILC chair Shirley McPherson said the corporation aims to have a 50 percent indigenous workforce by 2015. Toward that end, it will establish the country’s first national indigenous tourism training academy, preparing 200 students a year.

Harry Wilson, current chair of the Uluru-Kata Tjuta board of management, said, “The new direction in tourism will mean we Anangu people benefit for new tourism opportunities and enable new visitors to share and learn about our culture and land. We will work together to bring about the dreams and hopes of our forefathers not to forget the struggle they had to get this land here.”

To learn more, read our Uluru-Kata Tjuta sacred site report and see our previous news posts.

The nearly 140,000-square-mile Papahānaumokuākea Marine National Monument is the single largest conservation area in the United States, and with its new designation — announced July 30 during the World Heritage Committee’s 34th annual session in Brasilia, Brazil — it is the world’s second largest World Heritage site.

The chain of small islands and atolls and its surrounding ocean, situated about 150 miles from the main Hawaiian Archipelago, which began life some 28 million years ago, represents the oldest example of island formation and atoll evolution in the world. The near-pristine area is home to more than 7,000 marine species, a quarter of which are found nowhere else; it provides the only remaining habitat for several endangered species; and it is the world’s largest tropical sea bird rookery and one of the last predator-dominated coral reef ecosystems.

Papahānaumokuākea is also a place of deep cultural and spiritual significance for Native Hawaiians. According to the site’s World Heritage page, it is important “as an ancestral environment, as an embodiment of the Hawaiian concept of kinship between people and the natural world, and as the place where it is believed that life originates and to where the spirits return after death.” Two of the islands feature the highest concentrations of ritual sites in Hawaii.

In response the World Heritage designation, Aulani Wilhelm, NOAA superintendent for the monument, said, “We hope Papahānaumokuākea’s inscription will help expand the global view of culture and the contributions of Oceanic peoples to World Heritage and underscore that for so many indigenous peoples, nature and culture are one.”

To learn about other culturally and spiritually significant Hawaiian sites, read our reports on Haleakala Crater, Kahoʻolawe, Mauna Kea, and Wao Kele O Puna.

Defend Indigenous Rights and Protect Marine Life in Papua New Guinea

The government of Papua New Guinea doesn’t want to hear from us. It has authorized a Chinese mining company to dump toxic waste into the sea, and it is determined to stifle dissent from every quarter. It hired scientists to assess potential harm to marine life, but when the scientists warned that the damage could be widespread, it suppressed and ignored their findings. When coastal Indigenous land-owner clans challenged the mining company’s “deep submarine tailings placement” project in court, the government passed a law that denies citizens the right to appeal any permit granted by the Department of Environment and Conservation, no matter how it might affect their health, livelihoods, and cultures. PNG’s license to the Chinese Metallurgical Construction Company (CMCC) violates national laws and international agreements, but the PNG government isn’t listening – yet.

An international outcry is needed. Toxic mine tailings dumped into the Bismarck Sea could undermine the marine food chain at its source, potentially rendering all fish unsafe to eat and destroying the livelihoods of the Indigenous people who depend on the sea. Could thousands of letters from world citizens get the attention of the PNG government? Please send your letter today. We must try.

Read more at Cultural Survival’s website.

Rushed through Parliament on a Friday night, the amendments shelter resource projects from legal challenges over environmental damage, labor abuse and landowner exploitation, and grant the government wide-ranging power to exempt resource developers from state environmental requirements. Thus, the legislation effectively strips citizen’s traditional and constitutional land rights while giving developers greater power and protecting them from liability.

The legislation, passed by a vote of 73 to 10, came after intense lobbying by China Metallurgical Group Corporation, developer of the $1.4 billion Ramu nickel/cobalt mine. Ramu landowners had recently won an injunction to stop a pipeline that would slurry waste from the mine out to sea off Madang Province, once the mine is completed.

Tiffany Nonggorr, a lawyer representing the landowners, said the battle is not yet over, as the matter is already before the courts.

For more detail check out the June 1 blog post by SLFP Director Toby McLeod about his recent trip to Madang Province to document the Ramu nickel mine story for the upcoming Losing Sacred Ground film series.

The woman selling bananas smiles at me, warmly, excited. I snap her picture, then, like so many times before, I spin my camera around so she can see herself in the camera’s LCD display. Onlookers gather round. They point at the photo and nod excitedly, give me the thumbs up, and go back to studying the screen. The banana woman reaches out to shake my hand. “Thank you.” She pushes a bunch of bananas into my hand.

Traveling through Papua New Guinea, this scene replays itself with construction workers, fishermen, betel-nut sellers, toddlers, teenage boys carrying machetes and wizened men wearing traditional wigs decorated with flowers. All reacted with wonder, curiosity, surprise and glee at seeing their own photos.

Especially in areas without electricity (or photo development labs, for that matter) possession of these photos was extremely valuable. My husband brought a small photo printer, and whenever it spit forth its diminutive image, the recipient would retreat without another word to study his or her likeness. Friends would gather and comment, point and laugh, and we would usually leave them still staring at the print as our boat pulled away.

Ownership and control of one’s own image is not a new issue for documentary filmmakers, but it’s especially important in places like Papua New Guinea, where most people have little or no access to cameras, video and other technology. Tellingly, in the places where we spent the most time, the thing people wanted most from us (after first aid) was copies of our photos and video.

“It doesn’t matter if it takes a long time,” the Huli men from our guest house told us. “Please send us our photos.”

Having just completed the BAVC Producer’s Institute for New Media, we newly realized how many issues there are in this new era of filmmaking. YouTube and Vimeo make global distribution possible at the click of a button, and online tools make it possible for people separated by thousands of miles to share footage and collaboratively edit a film. In many ways that’s revolutionary — a plurality of voices, people telling their own stories, sharing and pooling resources to reach as wide an audience as possible.

But this “democratization” of the means of production also means that filmmakers can easily lose control over the images they create. And that could be a problem. Giving up your own likeness makes you vulnerable in surprising ways. The people who allowed us to take their images trusted that we would not misuse them. It would be negligent and unethical to share those images, especially the editing of them, in ways that the subjects haven’t agreed to.

In Papua New Guinea, that responsibility could easily be lost — since so many people so freely invited us to take their photos. In a country where Internet access is sparse and we saw no local television production, the need for media literacy and empowerment is taking a back seat to more urgent problems like health care, nutrition, schools, roads and violence.

But I believe that producing media and learning its power are also crucial elements in development. Of course, I’ll be a bit sad when my digital camera in a riverside village fails to elicit the simple, immediate thrill that it did this past April. But I would trade that for seeing kids using cameras to interview their elders, mothers telling their own stories, and people along the road taking pictures of the fascinating foreigners, instead of the other way around.

The third edition of the Global Biodiversity Outlook (GBO-3), released May 10 by the Convention on Biodiversity and the U.N. Environmental Program, confirms that governments around the world have failed to meet targets set eight years ago to reduce the rate of biodiversity loss by 2010. Instead, the five main pressures driving the loss  — habitat change, overexploitation, pollution, invasive alien species and climate change — have either remained constant or are increasing.

“Humanity has fabricated the illusion that somehow we can get by without biodiversity or that it is somehow peripheral to our contemporary world,” Achim Steiner, executive director of the U.N. Environment Program, said in a press release announcing the report. “The truth is we need it more than ever on a planet of six billion heading to over nine billion people by 2050.”

The report is based on 110 national biodiversity reports and other scientific assessments, including an analysis carried out by the Biodiversity Indicators Partnership, published last month in the journal Science, which represents the first assessment of how targets made through the 2002 Convention on Biological Diversity have not been met. That assessment noted that since 1970 the world’s animal populations have been reduced by 30 percent, the area of mangroves and sea grasses by 20 percent, and the coverage of living corals by 40 percent.

The GBO-3 outlines a possible new strategy for reducing biodiversity loss, learning the lessons from the failure to meet the 2010 target. It includes addressing the underlying causes of biodiversity loss, such as patterns of consumption, the impacts of increased trade and demographic change.

“The assessment of the state of the world’s biodiversity in 2010 should serve as a wake-up call for humanity,” Ahmed Djoghlaf, executive-secretary of the Convention on Biological Diversity, said. “Business as usual is no longer an option if we are to avoid irreversible damage to the life-support systems of our planet.”

The report will be a key input into discussions by world leaders at a special high-level segment of the U.N. General Assembly on Sept. 22, as well as negotiations by world governments at the Nagoya Biodiversity Summit in October.

The GBO-3 draws attention to indigenous sacred sites, noting the thousands of community conserved areas around the world — including sacred forests, wetlands, and landscapes — and observing that “indigenous and local communities play a significant role in conserving very substantial areas of high biodiversity and cultural value.”

This deep association between sacred sites and biodiversity conservation is highlighted in many of SLFP’s sacred site reports. To learn more, check out our Beyul of the Himalaya, Gamo Highlands, Kaya Forests and Mount Sinai reports, among others.

In January, the U.N. released its first-ever report on the “State of the World’s Indigenous Peoples,” which presents a global view of the current situation of indigenous peoples, examining poverty and well-being, culture, education, health, human rights, environment and emerging issues.

Authored by indigenous peoples, the report offers statistics and information to raise awareness about indigenous development, advance the U.N. Declaration on the Rights of Indigenous Peoples, and influence the U.N. Development Program’s 2010 Human Development Report, themed “Rethinking Human Development.”

The report highlights the critical situation for indigenous peoples around the world and translates the urgency into hard statistics. Indigenous peoples make up about 5 percent of the world’s population and 15 percent of its poor, as they are the first population to be affected by industries that harm the environment or resource-intensive projects.  In the United States, nearly a quarter of Native Americans and Alaska Natives live below the poverty line, with lower life expectancy and higher death rates from causes including diabetes, homicide, suicide and car accidents. The statistics are grim.

Although indigenous peoples are caretakers of some the world’s greatest regions of biodiversity and enrich global culture in a plethora of ways — from traditional knowledge in herbal remedies and land management to environmental principals — their plight has yet to enter mainstream conversation or find serious discussion in major news outlets.

Yet every effort counts, and actions such as the release of “State of the World’s Indigenous Peoples” will further the urgently important dialogue on global interdependence, land rights, resistance to the loss of biological and cultural diversity, and hope for a collaborative future.

Over a year later, Xstrata has not fulfilled its promise to revegetate the area affected by the river diversion. The Northern Land Commission’s (NLC) chief executive, Kim Hill, says, “Flying over the mine site, it’s just a scar on mother earth.”

The McArthur river is a sacred part of the “dreaming” and song cycles of the aboriginal people. Barbara McCarthy (Yanyuwa), a member of the Northern Territory Parliament, says, “If you cut the McArthur River you are cutting the Rainbow Serpent, and there is a great sense of fear that comes from that — a spiritual sense of fear. It is a relationship with the river that indigenous people want so much for non-Aboriginal people to understand and respect. And that no amount of money can take the place of something that has been within the family for thousands and thousands of years.”

Xstrata is authorized to extract 43 million tons of the resource over the next 20 years.

We can still let Chief Minister of the Northern Territory of Australia Paul Henderson know that we are in support of the aboriginal communities in the Northern Territory and ask to rescind permission for Xstrata to mine. Mr. Henderson can be contacted here: chiefminister.nt@nt.gov.au. You can view a sample letter on The Environment Centre Northern Territory’s website.

Check out our webclips and sacred site report on the subject.

The red sandstone monolith is a place of spiritual significance for its Aboriginal traditional owners, who have long urged an end to climbing.

Under the new 10-year management plan for Uluru-Kata Tjuta National Park, the 1,142-foot rock will remain open to climbers until the number of annual visitors choosing to climb drops to below 20 percent, until the park board determines that adequate new visitor experiences are in place, or until the climb is no longer the primary reason visitors choose to come to Uluru.

Those conditions may be hard to meet. “Realistically, I would expect the climb to remain open for at least a number of years,” Garrett said.

Last year — citing respect for Aboriginal belief along with safety concerns — the park board proposed an outright climbing ban in its draft management plan, which caused an uproar in the tourism sector. During a public-comment period on the proposal, the government received 153 submissions, 78 in support of the closure and 75 against.

With the new plan, park management will now focus on adding new attractions, such as more night-time and cultural activities. “The most important thing is to create new experiences — without new activities some visitors will still think the most important thing about Uluru is the climb,” Harry Wilson, chair of the Uluru-Kata Tjuta board, said.

If and when a ban is ultimately deemed appropriate, Garrett said the tourism industry will be given at least 18 months notice so it can adjust its marketing. In the meantime, park management will continue to promote a “do not climb” message to visitors.

To learn more about Uluru, read our sacred site report.

• In California and Oregon, negotiations are almost complete on a plan to remove three dams on the Klamath River that have blocked the migration of salmon — and impacted sacred and cultural practice of the river’s native tribes — for decades.
• In Australia, at the iconic sandstone monolith Uluru, Aboriginal and park management have stepped up efforts to stop visitors from climbing the sacred rock, with a new viewing area and a commitment to work toward an outright ban on climbing.
• At England’s Stonehenge, the managing agency unveiled its proposal to close and grass over a stretch of road that runs through the middle of the UNESCO World Heritage site, bringing nearly to a close a controversy that has raged for a decade.
• Alaska’s Arctic National Wildlife Refuge appears safer under the Obama administration. Might Congress finally pass the bill, which has been on the table for years, to protect the refuge’s 1.5-million-acre coastal plain from oil development?
• We’ve also updated reports for Georgia’s Ocmulgee Oil Fields and Utah’s Nine Mile Canyon.

While many of these sites are closer to protection than they once were, there’s still work to be done. Check out the individual reports for ways you can help!