Aamjiwnaang First Nation pushes for seat in global plastics treaty negotiations

Janelle Nahmabin choked back tears as she outlined how benzene emissions in the Sarnia, Ont., area are making members of the Aamjiwnaang First Nation sick.

The First Nation blames the pollution on the operations of INEOS Styrolution, which produces chemicals used in plastic and rubber products. The facility is just one of many industrial companies in an area that environmental advocates have called "chemical valley." The plant has announced it's closing temporarily for maintenance.

Nahmabin, an elected councillor at the First Nation, said it is crucial that the voices and concerns of Indigenous Peoples and those that have been disproportionately impacted by plastics, be at the forefront of negotiations now underway in Ottawa for a comprehensive global framework of regulations addressing plastic pollution.

She said Aamjiwnaang is a small First Nation community, with industry in three areas around it. The other area is a river, which the community has been trying to take care of, she said.

"[The pollution] affects us every single day. We can't get away from it. You know, we've had to close our facilities down in that north portion to protect our employees," Nahmabin said.

"We don't want to live like that anymore. We don't want Canada, just to speak on our behalf. We are the original people here. Our voices need to be heard and we need to be included in decision making."

Aamjiwnaang First Nation representatives were joined by the Society of First Nations, and Keepers of the Water at the news conference on the sidelines of the fourth session of the Intergovernmental Negotiating Committee of the United Nations General Assembly (INC-4). The week-long negotiations started on Tuesday.

"Indigenous Peoples must be active participants in the design and implementation of the plastics treaty," said Nahmabin.

"We — like everyone — have the right to a healthy environment and the results of these negotiations should include the duty to prevent exposure to hazardous substances. We have been here before industry and before Canada."

'Plastics treaty is long overdue': Nahmabin

Nahmabin said the "plastics treaty is long overdue," adding that her "community has been experiencing environmental racism — the effects of polluters for over 100 years."

She said there are more than 60 refineries surrounding the Aamjiwnaang First Nation community, adding that "40 per cent of Canada's petrochemicals come from her homelands

"Without my consent, without my permission, they are there. They're allowed to pollute our children, our elders, our community members," she said.

According to preliminary data from pollutant monitors in the region, multiple times this month, the air quality was recorded as poor and moderate from benzene levels.

Aamjiwnaang with INEOS operations in the background. (Chris Ensing/CBC)

On Saturday, INEOS Styrolution announced it is temporarily shutting down for maintenance and to address a mechanical issue.

"At INEOS Styrolution, ensuring the health and safety of our employees and community is paramount," the company said in a statement.

It did not elaborate on what the mechanical issue was but vowed it will "resume operation once addressed."

'Absolutely lousy' with communication: mayor

Sarnia's mayor, Mike Bradley, said INEOS Styrolution has been "absolutely lousy" with their communication throughout the entire week, with "very little communication" and "a lack of respect for the general community that is concerned about this incident."

He told CBC Windsor while it's welcome by the Aamjiwnaang First Nation and others that INEOS Styrolution is shutting down the plant to see if they can correct the problem, "the failure to communicate or apologize for the failure to communicate is really disturbing."

Sarnia Mayor Mike Bradley says INEOS Styrolution has been 'absolutely lousy' with their communication throughout the entire week. (CBC News)

Bradley said it is the responsibility of the company to notify the Ministry of Environment, the city and others that are impacted by any sort of incident like this, adding, "that did not happen."

Bradley said he first heard about the high levels of benzene from Aamjiwnaang First Nation and local media reports.

Sarnia's deputy fire chief and community emergency co-ordinator for the city Dale Gartshore agrees with Bradley, saying people did not receive the communication they were due.

"When an industry partner recognizes they have an issue, or an issue exists around them, we expect them to notify the community," Gartshore said.

"After that it goes to the Ministry of Environment. We rely on the provincial ministry to give us information. When we receive that information we immediately review it and determine whether an emergency notification is required," he said.

CBC News reached out to INEOS Styrolution and the province for comment.

In a statement, a spokesperson for the Minister for Environment and Climate Change Steven Guilbeault said Aamjiwnaang's call for Canada to meet commitments of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is "central" to the negotiations at INC-4.

"Yesterday, Minister Guilbeault met with Indigenous and frontline communities, including the Aamjiwnaang First Nations, to ensure their voices are heard and reflected in discussions and negotiations at these international plastics negotiations," the spokesperson said. "Indigenous Peoples must have a seat at the table. Canada is pushing for an ambitious and inclusive treaty that will help keep plastics out of the environment, for the benefit of Indigenous peoples and all people in Canada.

"The government continues to collaborate with Indigenous partners on meaningful solutions to the plastic pollution crisis while upholding Indigenous rights, human rights, and environmental protection."

A playground near the Aamjiwnaang First Nation band office. (Chris Ensing/CBC)

CJ Smith-White, also an Aamjiwnaang First Nation elected councillor, said the elevated benzene levels in the air from the INEOS Styrolution facility caused several members of the community to fall ill, adding, "this is not acceptable, nor is it an isolated event. Our community and our lands have become a sacrifice zone for the benefit of industry."

Smith-White said the community has become so climatized to industry, adding, "Every day we feel impacts, alarms going off, flares so bright that you can read a book at night. It's comparable to the recent solar eclipse that happened here in North America."

'We need to hold industry accountable': Smith-White

Smith-White said First Nations communities need a seat at treaty negotiations and a true nation-to-nation negotiation, adding that this is an opportunity for the world to recognize that.

"Most First Nations are front-line communities, our voices need to be heard. We need a strong treaty — from the extraction to the microplastics," he said.

"We need to hold industry accountable. We need to hold all levels of government and energy regulators accountable for not enforcing their regulations and creating special bonds for industry."

According to Smith-White, successive governments have failed to take action to address the impact of pollution on Aamjiwnaang, and that inaction has had real consequences on lives.

"Pollution has put our way of life — based off the land — under serious threat. This is environmental racism. The pollution has impacted on our traditional practices, including the medicines that we harvest," he said.

'A direct conflict of interest'

Suzanne Smoke, outreach co-ordinator for the Society of Native Nations questioned what she said was the exclusion of Indigenous voices at the negotiations, while representatives of industry have been welcomed at the negotiating table.

"In these negotiations, it is troubling that industry and those responsible for polluting are part of the negotiating and influencing the outcome of these talks. This is a direct conflict of interest and excludes the spaces for Indigenous rights holders and sovereign peoples," Smoke said.

"By having industry welcome into these spaces while excluding our voices of our knowledge keepers is part of the continued genocide and some of the players here today pushing for plastic circularity at INC-4 have the blood of our peoples on their hands, and they still continue with their boots on our throats telling us to accept more poison — greenwashing the effects of these poison in these rooms and discussions while excluding our lived experiences of continued genocide and the ecocide continues."