August 25, 2023
GENEVA, CH — This month, an international human rights expert appointed by the United Nations Human Rights Council released a report in which he recommends that Canada “cease construction or operation of the Coastal GasLink, Trans Mountain and Line 5 pipelines, until the free, prior and informed consent of the Indigenous Peoples affected is secured.”
The report also states that prolonging the operations of Line 5 oil pipeline “is inconsistent with its international commitment to prevent and mitigate the effects of climate change by phasing out fossil fuels.”
The report reviews the situation of Indigenous Peoples in Canada, based on the information gathered ahead of and during an official country visit to Canada by the Special Rapporteur on the rights of Indigenous Peoples, which took place in March.
The recommendation comes after years of advocacy by Indigenous communities in the US and Canada affected by Line 5. It echoes another recommendation from the UN Permanent Forum on Indigenous Issues (UNPFII) in April calling on Canada to “re-examine its support” for the pipeline and recommending that “Canada and the United States decommission Line 5.” The UNPFII declared that the Line 5 “jeopardizes the Great Lakes” and “presents a real and credible threat to the treaty-protected fishing rights of Indigenous Peoples.”
In response to this report, Whitney Gravelle, President of Bay Mills Indian Community, said:
“This report further condemns the existence of Line 5 throughout Indigenous territory, on both sides of the border. We urge the Canadian government to revoke its support for Line 5 and support Tribal Nations and the State of Michigan in shutting this pipeline down before tragedy strikes and creates an international incident. We remain committed to protect our people and treaty resources from destruction.”
Francesca Mingrone, Staff Attorney, Climate & Energy Program at the Center for International Environmental Law (CIEL), said:
“The Special Rapporteur’s recommendation reflects growing acknowledgment by international bodies of the significant risks posed by the Line 5 pipeline, and the illegitimacy of the decision-making processes that have allowed the project to move forward without the meaningful participation and the free, prior, and informed consent of affected Indigenous communities. The report also makes clear that continuing to prolong fossil fuel dependence rather than advance an effective phase out is inconsistent with States’ climate obligations. The Canadian government must withdraw its support of Line 5, and ensure that affected Indigenous communities can effectively participate in any and all further discussions and decision-making processes around this pipeline and all other fossil fuel projects.”
Marco Simons, General Counsel, EarthRights, issued the following statement:
“This recent report confirms what Indigenous communities and human rights experts have told the government of Canada for years — Line 5 poses a direct threat to frontline communities in its path, and it violates the rights of Indigenous Peoples. Canada is obligated to regulate its companies, like Enbridge, to ensure the protection of Indigenous Peoples’ lands and way of life. Not only has Canada failed to do so, but it has also failed even to consult with — let alone obtain the consent of — affected Indigenous communities while it intervenes legally and diplomatically to ensure that Enbridge can operate Line 5 for decades to come. We call on the government of Canada to read this report and pull its support for Line 5.”
###
Press contact: Niccolò Sarno, Media Relations Specialist | press@ciel.org