The Keystone Pipeline Debate Is Missing A Huge Human Cost: Indigenous Rights

Matthew Black Eagle Man of the Sioux Long Plains First Nation of Manitoba protests in front of the U.S. Capitol, against the Keystone XL pipeline in April 2014. (Reuters/Gary Cameron)

Matthew Black Eagle Man of the Sioux Long Plains First Nation of Manitoba protests in front of the U.S. Capitol, against the Keystone XL pipeline in April 2014. (Reuters/Gary Cameron)

By Jake Flanagin | Quartz

On Feb. 24, president Obama vetoed a congressional bill that would have approved the Keystone XL pipeline expansion. Although the debate surrounding the project was widely seen as a conflict between environmentalists and industrialists, the case also raised important questions about one of America’s oldest bad habits: trampling on indigenous rights.

The Rosebud Sioux, also known as the Sicangu Lakota, reside on a reservation that includes all of Todd County, South Dakota, and additional lands in the four adjacent. That land, originally encompassing all of South Dakota west of the Missouri River, was entreatied to the greater Sioux nation in 1851 and 1868, but has been gradually reduced to its current boundaries by decades of territorial whittling by the federal government. Only in 1934 were the Rosebud Sioux officially recognized as a self-governing nation—see the Indian Reorganization Act (pdf)—and thus formally allotted ownership of land that, prior to the arrival of European colonists, had been their’s for centuries.

Today, life on the typical Native American reservation is far from perfect: Poverty, high unemployment, substandard education and healthcare are all major issues these communities face. Choosing to live on reservations, therefore, can be a powerful statement of sovereignty. To some, it is an act of self-determination intended to stand against centuries of forced-assimilation policies which stripped land, resources and even children from tribal communities.

Keystone XL brought this hard-won spirit of sovereignty under threat. The plan to expand an existing oil pipeline system, linking oil-rich tar sands in the Canadian province of Alberta with refineries and distributors across the US, would essentially bisect South Dakota, cutting straight through Rosebud Sioux tribal land. A longtime topic of concern for environmentalists, the Keystone XL pipeline raised hackles, being yet another instance in which the American government attempted to circumvent Native sovereignty in the pursuit of economic gain.

Passions boiled over in November following a vote in the US House of Representatives approving expansion. In a press release issued in response to the vote, Rosebud Sioux tribal president Cyril Scott said, “Authorizing Keystone XL is an act of war against our people.” It was a statement intended to stoke passions, and perhaps rightfully so.

Tara Houska, a tribal rights attorney in Washington, DC, and a founding member of NotYourMascots.org, is more measured in her wording, but generally agrees with Scott’s assessment of the situation. The risk for local tribes would have been huge. Keystone XL brings with it the risk that spilled diluted bitumen, or “dilbit,” might contaminate the Ogallala Aquifer, the only source of drinking water for tribes like the Rosebud and Ogallala Sioux, that latter of which Houska helped negotiate terms of the project.

In the event of a spill, “what does the federal government expect them to do?” Houska told Quartz, “Survive on bottled water? For years? Are they serious?”

Federal disregard for Native stakes in the pipeline expansion are part of a larger pattern of inattention, she added. Many area tribes, including the Ogallala Sioux, feel they were inadequately consulted by authorities in Washington prior to congressional approval earlier in February. “When I got brought in, they had already had their quote-on-quote consultation,” Houska said. Washington’s envoys were apparently well out of their depth, seemingly unaware (or uninterested) in Keystone XL’s specific impact on Sioux reservations. “[Tribal representatives] ended up leading the meeting!”

Even if a major industrial project, such as Keystone XL, skirts officially recognized tribal boundaries, sufficient consultation with area tribes is required by law, she explained. “There are often times when we have rights to treaty lands that were never officially ceded.” The lackluster meeting between Ogallala Sioux representatives and federal authorities “did not meet the requirements of consultation,” she said.

In addition to potential environmental impacts, tribes require consultation on projects like Keystone XL for a number a reasons, chief among them issues pertaining to community safety. “It’s going to bring a large number of men into the area,” Houska said, citing concerns raised by South Dakota law enforcement and women’s rights advocacy-groups. The housing of about 1,000 pipeline laborers, mostly men, in TransCanada work camps placed close to reservations could cause an uptick in sexual assaults against area women. Native women are already2.5 times more likely to be victims of sexual violence than women of any other race, reports Mary Annette Pember for Indian Country Today. “The perpetrators of this violence are overwhelmingly non-Native,” she noted.

Beyond the practicalities of community health and security, the potential impact of the pipeline on the earth is of course of great concern as well. But, for Natives, a commitment to environmentalist values extends far beyond the political. “As a woman, I’m a waterkeeper. That’s part of my culture,” Tara Houska explained. (She is Minnesota Anishinaabe and a citizen of the Couchiching First Nation in Ontario.) “Being stewards of the earth, moving beyond fossil fuels, is more than just about sustainability for us. It’s a cultural requirement.”

“The Lakota people have always been stewards of this land,” president Scott said in his statement, insisting that weaning society off of its fossil-fuel dependency is key to brighter futures both on and off reservations. “We feel it is imperative to to provide safe and responsible alternative energy resources not only to tribal members, but to non-tribal-members as well,” he added. “We need to start remembering that the earth is our mother and stop polluting her, and start taking steps to preserve the land, water, and our grandchildren’s future.”

“It’s the fourth-largest aquifer in the world,” Houska said of the Ogallala Aquifer. “The largest in the United States. It provides 30% of the irrigation water for the country.” Any future industrial projects in the region could have similarly devastating aftermaths. “This issue affects you, whether you live on a reservation or in a big city.”

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