Accountability and Transparency

December 14 2024 Human Rights, Mining, Public Participation

European Union regulations and strategies jeopardize a just energy transition in Latin America

Reducing the production and consumption of minerals and deepening its circularity policy could enable the EU to address the social and environmental crises equitably, without exacerbating inequalities or compromising human well-being in the areas of the Global South where minerals are extracted. Brussels, Belgium – Following EU Raw Materials Week, which convened in Brussels this week, civil society organizations in Latin America warned that European Union regulations fail to respect the rights of communities affected or at risk of being impacted by mineral extraction projects used for energy transition and other industries, deepening inequalities in the Global South.While the debate around the future dynamics of raw materials in Europe – under the slogan “Europe means business; Europe is a powerhouse”– sought to foster investment opportunities between EU industry and countries of the Global South, the event fully ignored the realities of the territories in which these minerals are extracted. The effective participation of Latin American civil society has been practically non-existent, and the voices of local communities affected by the “critical minerals” projects promoted at the event have been excluded.“The EU's current raw materials and trade policy contradicts Europe's claim and rhetoric of upholding human rights and the highest environmental standards and supporting mineral-rich countries in creating added value and in their own energy transition.” said Teresa Hoffmann, EU raw materials policy expert and member of FARN. “Instead of making rapid progress in implementing human rights and environmental standards, there is a risk of even deregulating existing laws in the name of ‘competitiveness through simplification.’” The competitiveness paradigmThe event's agenda showcased the paradigm promoted by the European Commission in the framework of competitiveness vis-à-vis other countries such as China and the United States, which also seek to control the market of the so-called “clean technologies” and other industries, such as the military and aerospace. This approach is supported by the Draghi report, which stresses the importance of strengthening Europe's position in the global market.This narrative frames competitiveness in a very narrow perspective of perpetual growth, ignoring key elements such as environmental sustainability, social justice, and the need for real action in order for the EU to take steps to reduce its demand for minerals and its energy consumption.“The new paradigm of competitiveness does not take into account the limits of the planet, nor the climate, biodiversity and water crises, and risks deepening the asymmetry of power and inequality that exist between the countries of the Global South and the Global North, while promoting policies that impede a just global energy transition,” said Pía Marchegiani, deputy executive director and director of the Environmental Policy area of the Environment and Natural Resources Foundation (FARN). European Critical Raw Materials Regulation (CRMR)The Commission this week discussed the implementation of the European Critical Raw Materials Regulation (CRMR) through 'strategic projects' and 'strategic partnerships' in and with countries in the Global South.Critically, although the regulation will be widely implemented in Latin America—where many of these minerals are found in strategic ecosystems and indigenous territories—it does not include robust human rights and environmental due diligence mechanisms appropriate to the socio-cultural context of this region.On the contrary, the CRMR allows European companies to self-regulate their compliance with human rights and environmental standards through schemes that do not consider the complexity of the aggregate and synergistic impacts of extractive activities, which are expanding rapidly due to European and global demand.“Europe is seeking to secure access to minerals and energy through the modernization of free trade agreements, bilateral investment agreements and the CRMR itself. This new law promotes private mechanisms for multi-stakeholder participation and mining standards on environmental issues or transparency, which cannot be understood as a substitute for the procedures and regulations provided for in the laws of countries” said Ramón Balcázar, researcher and executive director of the Fundación Tantí. “Currently, we see them being used by the same companies and states that together systematically deny the right to free, prior and informed consultation to the peoples who are often affected simultaneously by mining and energy mega-projects”. Territorial realities not on the EU agendaIn Latin America, there is vast evidence that large-scale mineral extraction leads to socio-environmental degradation and conflict, and poses serious risks to local communities and environmental defenders.In the Salar de Atacama in Chile and the Salar del Hombre Muerto in Argentina, lithium extraction has generated environmental conflicts, weakened the social fabric, deepened state violence, and significantly affected these sensitive ecosystems.Despite this, government representatives from several Argentine provinces attending the event failed to refer to the lack of social license and the serious socio-environmental conflicts they face. On the contrary, they emphasized the investment opportunities in these mineral-rich provinces and promoted reforms that represent a serious setback for human and environmental rights, such as the Incentive Regime for Large Investments (RIGI), denounced by the Argentinean organization FARN in a recent communication.“The European Union has regulations whose implementation processes do not respect the rights of access and international environmental law,” said Yeny Rodríguez, senior lawyer at the Interamerican Association for Environmental Defense (AIDA). “This is extremely worrying because we know that there are 49 strategic projects applications for the extraction of transitional minerals outside of the EU (out of a total of 170 proposals), but we have no information about which ones. They are likely in the Global South and, more worryingly, they may be planned on indigenous lands and in strategic ecosystems that should be recognized by the EU as no-go zones, or mining-free areas”.We call on the EU to rapidly adopt effective solutions to reduce the production and consumption of minerals and to deepen its circularity policy to address the social and environmental crises in an equitable and intergenerational way, without creating new inequalities or compromising human well-being in Latin America, as recently called for by the UN Economic Commission for Europe itself. Press contactsAnna Miller (USA), AIDA, [email protected], +17166029553Belén Felix (Argentina), FARN, [email protected], +5491134214728Felipe Fontecilla (Chile), Fundación Tantí, [email protected], +56954460903

Vista panorámica de la ciudad de La Oroya, Perú.

March 22 2024 Toxic Pollution, Human Rights, Mining

Inter-American Court ruling on La Oroya case sets key precedent for the protection of a healthy environment

The Court found Peru responsible for violating the rights of residents of La Oroya, who have been exposed to unsafe levels of toxic contamination for generations. San José, Costa Rica. The ruling of the Inter-American Court of Human Rights in the case "Community of La Oroya vs. Peru" sets an important precedent for the protection of the right to a healthy environment across the Americas and for adequate state oversight of corporate activities. The first-of-its-kind decision holds Peru accountable for its failure to protect the inhabitants of the Andean city of La Oroya who were exposed to toxic pollution from a smelter complex that operated without adequate pollution controls for a century.The Inter-American Court heard the case in a public hearing against Peru. In the absence of effective responses at the national level and on behalf of the victims, an international coalition of organizations filed a complaint against Peru before the Inter-American Commission on Human Rights in 2006. In October 2021, the Commission established the Peruvian government's responsibility in the case and referred it to the Inter-American Court. In October 2022, more than 16 years after the filing of the complaint, the victims presented the case before the Court in a public hearing, represented by the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), with the support of Earthjustice."This ruling is a very important step forward and a key precedent for environmental justice in Latin America, as it is the first case in which the Court recognizes a state’s responsibility for violating the right to a healthy environment and the impact this has on the guarantee of several other rights," said Liliana Avila, coordinator of AIDA's Human Rights and Environment Program. "The Court also referred to the collective and individual dimensions of this right, acknowledging the differential impact of its violation on children, women and the elderly, and the important role of environmental defenders."In its judgment, published on March 22, 2024, the international court established the Peru’s responsibility for the violation of the rights to a healthy environment, health, personal integrity, life with dignity, access to information, political participation, judicial guarantees and judicial protection of the 80 people involved in the case; for the violation of the rights of the children of 57 victims; and for the violation of the right to life of two victims. The Court also concluded that the State was responsible for violating the obligation of progressive development by adopting regressive measures in environmental protection."The decision is a fundamental precedent in international law that establishes the parameters of the State's obligation to regulate, control and remediate the effects of environmental pollution, as well as the obligations derived from the right to a healthy environment as an autonomous right and its interdependence and indivisibility with other fundamental rights of human existence, such as health, life and personal integrity," said Christian Huaylinos, Legal Coordinator of APRODEH. "It is also a great satisfaction for the victim’s two decades long struggle.”For more than 20 years, the residents of La Oroya have been seeking justice and redress for the widespread contamination caused by the La Oroya smelter complex, which was operated by Doe Run Peru from 1997 to 2009. The town has been recognized as one of the most polluted places on the planet."Twenty years ago, when this fight started, I was carrying my banner saying that the health of the children is worth more than gold," recalls Don Pablo, a resident of La Oroya. "We never gave up, and now I am very happy with the Court's decision."In the judgment, the Court ordered the State of Peru to adopt comprehensive reparation measures for the damage caused to the population of La Oroya, including identifying, prosecuting and, where appropriate, punishing those responsible for the harassment of the victims; determining the state of contamination of the air, water and soil and preparing an environmental remediation plan; providing free medical care to the victims and guaranteeing specialized care to residents with symptoms and illnesses related to contamination from mining and metallurgical activities; ensuring the effectiveness of the city's warning system and developing a system for monitoring the quality of air, water, and soil; ensuring that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health; providing monetary compensation to victims for material and non-material damages."What we expect now is that the ruling will be implemented, that for the first time the State will fulfill its obligations and guarantee our rights as environmental defenders," said Yolanda Zurita, a resident of La Oroya and a petitioner in the case. "Compliance with this ruling is the least we expect from a state that is committed to guaranteeing the rights of its citizens."Since 1999, the government of Peru has known that almost all the children living near the complex suffer from lead poisoning yet failed to offer proper medical care and remediation. For decades, the population of La Oroya was exposed to extreme levels of lead and other harmful contaminants, including arsenic, cadmium, and sulfur dioxide. Nearly all the children in the case have had lead and other heavy metals in their blood at concentrations many times higher than the guidelines established by the World Health Organization. And many residents suffer from chronic respiratory illness, in addition to stress, anxiety, skin problems, stomach problems, chronic headaches, and heart problems, among others."This ruling issues a warning to governments across the Americas that they cannot sit idly by while multinational corporations poison local communities. Corporations will now be on notice that exposing families to unhealthy levels of industrial pollution is a violation of international law and governments must hold polluters accountable,” said Jacob Kopas, Earthjustice senior attorney. ResourcesCourt's press release on the judgment, available here (in Spanish).Official summary of the judgment, available here (in Spanish).Full text of the judgment, available here (in Spanish).Background information on the case, available here.Folder with photographs, available here.Press contactVíctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +521 70522107

August 31 2023 Accountability and Transparency, Human Rights, Indigenous Rights

Report reveals shocking rights violations by Canadian corporations in Latin America

Geneva - A groundbreaking report titled "Unmasking Canada: Rights Violations Across Latin America" was unveiled at the United Nations Universal Periodic Review Process (UPR) pre-session in Geneva, spanning from August 28 to September 1, 2023. This in-depth investigation highlights extensive human rights and environmental breaches by Canadian companies in Latin America and the Caribbean. Compiled through the collaboration of over 50 civil society organizations, the report implicates 37 Canadian projects across nine countries in the region. Of these, 32 projects have been found responsible for environmental rights infringements, including 105 oil spills in Peru's Block 192, directly linked to Frontera Energy. Additionally, the right to Free, Prior, and Informed Consent was violated in 26 projects, exemplified by dubious practices in Ecuador's Warintza project managed by Solaris Resources Inc. Violent confrontations tied to 16 projects are also highlighted, with a notable incident in Peru in July 2023, where 20 individuals were injured. While Canada positions itself as "climate forward," this report challenges such a portrayal, emphasizing Canada's protection of extractive industries that are responsible for significant human rights and environmental harm. In response to these findings and anticipating Canada's UPR on November 10, 2023, the report advocates for UN member states to impose legally binding resolutions on Canada, compelling the nation to address corporate misconduct overseas. Mauricio Terena, Legal Coordinator from Brazil’s Association of Indigenous People (APIB), said: "We have come here to denounce the involvement of Canadian companies in human rights violations in Brazil, particularly the case of the Belo Sun mining company in Pará, which aims to establish the country's largest open-pit gold mine. While Canada portrays itself as a defender of human rights and the environment, its actions contradict this narrative, especially when infringing upon the rights of indigenous peoples in Brazil. The discrepancy becomes evident when we realize that Canada has not signed the ILO's Convention 169. Therefore, we hope that the states with which we are in dialogue recognize this reality and urge Canada to reassess the operations of its corporations, seeking tangible action in defense of indigenous peoples and traditional communities". Addressing the UPR's function, where every four years UN member states review each other's human rights records, Latin American civil society representatives presented new recommendations for Canada. These recommendations underscore the need for Canada to introduce binding and comprehensive legislation centered on due diligence and corporate accountability. This encompasses the oversight of financial institutions and Canadian corporations throughout their global supply chains, aiming to prevent, mitigate, and penalize corporate misdeeds while ensuring victims of such practices overseas can seek justice and full reparation. "We hope that the UPR (Universal Periodic Review) process will establish itself as another strategy in our defense of indigenous peoples' rights, serving as a tool for the protection of human, indigenous, and environmental rights. It is essential to acknowledge that corporations involved in such violations are committing criminal acts. These actions should not be viewed merely as isolated incidents, but rather on a broader scale, as violating indigenous rights impacts all of humanity. Thus, beyond national and international laws, these transgressions should be seen from a more comprehensive perspective. It is crucial for states to commit, within the UN framework, to join a global mechanism where they recognize the need to monitor and mutually hold each other accountable for actions that uphold human, indigenous, and environmental rights", said Maria Judite "Kari" Guajajara, Legal Advisor at the National Indigenous Organization of the Brazilian Amazon (COIAB). This isn't the first instance of Canada facing allegations within the United Nations Universal System due to the activities of its corporations abroad. Six recommendations were directed at Canada during the 3rd cycle of the Periodic Review. These addressed, among other concerns, Canadian businesses' vital assurance and protection of human rights. Nevertheless, even after pledging to meet these recommendations, Canada consistently failed to fulfill its extraterritorial obligations, neglecting to take effective action to supervise corporate activities domestically and internationally. Gisela Hurtado, Advocacy Manager at Amazon Watch, commented: "Our report unveils the disturbing reality behind Canada's corporate endeavors in Latin America. While Canada boasts of ethical business conduct, the documented evidence reveals a starkly contrasting picture – one where profit is prioritized over people and the environment. Urgent change is paramount." The report's presentation in Geneva was spearheaded by a delegation that included Mauricio Terena from APIB; Maria Judite "Kari" Guajajara from COIAB; Josefa de Oliveira, a Popular Educator with Movimento Xingu Vivo Para Sempre; Lorena Aranha Curuaia, Vice President of the Iawá Community; ; and Brayan Mojanajinsoy Pasos, General Secretary of the Association of Indigenous Councils of the Municipality of Villagarzón Putumayo (ACIMVIP). The delegation was further supported by representatives from organizations including Amazon Watch, AIDA (Regional), Earthworks (US) Gaia (Colombia), and Ambiente y Sociedad (Colombia). Short summary involving Canadian companies involved in rights violations highlighted in the report 1. Frontera Energy in Lote 192 in Peru: - Over 2,000 sites contaminated, affecting 26 Amazonian indigenous communities. - Proposed activity closure plan doesn’t include reparations for affected communities. 2. Mineradora Argentina Gold SRL (joint venture between Barrick Gold and Shandong Gold): - Responsible for at least five toxic substance leakages, including cyanide and arsenic, into the Jáchal River in Argentina from the Veladero mine. - The project is in violation of the Glacier Law due to its location in a glacial zone and affects the UNESCO recognized biodiversity heritage site, the San Guilhermo Reserve. 3. Belo Sun's Volta Grande project in Brazil: - Cumulative impacts with the Belo Monte hydroelectric dam, located less than 10 km away from the prospected mining site; - Armed security forces hired by the Canadian mining company to monitor local leaders and hindering their freedom of movement; - Utter disrespect to Free, Prior and Informed Consent of Indigenous and riverine communities; - Imminent and irreversible risks of an environmental tragedy if toxic waste spills into the Xingu River due to a potential dam break, given the lack of sysmic and tailings dam safety studies. - Direct impact on communities, their traditional livelihoods, and local ecosystems. 4. The Mina Varadero in Chile: - Contaminated water sources with mercury, impacting rural populations and children. 5. ISAGEN - Brookfield Asset Management's Hidrosogamoso dam in Colombia: - Significant harm to local ecosystems and communities. 6. American Lithium's mining projects (Falchani, Macusani, and Quelccaya) in Peru: - Regularly release toxic residues, affecting over 700,000 people and contaminating the Lake Titicaca and Amazon River basins. 7. Solaris Resources Inc.'s Warintza mining project in Ecuador: - Ignored the territorial rights of the Shuar Arutam indigenous people and adopted divisive tactics. 8. Mining project of Ixtaca in Mexico: - Suspended due to violations of indigenous rights. 9. El Pato II mining project in Guatemala: - Affected the Poqomam Maya and mestizo communities without proper prior consultation. 10. Libero Copper's Mocoa mining project in Colombia: - Directly harmed the ancestral territory of the Inga people, violating their rights. 11. Cosigo Resources LTD's Machado gold extraction project in Colombia: - Severely impacted sacred indigenous sites in the Yaigojé Apaporis territory. 12. Barrick Gold's Pueblo Viejo mine in the Dominican Republic: - Forced the displacement of 65 local families due to the El Llagal waste dam. 13. Mining projects of La Plata by Atico Mining Corporation and Las Naves by Curimining S.A. (a subsidiary of Adventus Mining Corporation) and **Salazar Resources Limited in Ecuador: - Tried legalizing their operations despite violating national and international human rights laws, leading to confrontations and injuries. 14. Petrotal's Lote 95 in Peru: - Protests demanding community rights resulted in several deaths by police forces guarding the oil field. 15. Equinox Gold in Brazil: - Concealed data regarding their operations and impacts, including a dam break. - 4,000 of people directly impacted by toxic waste resulted from the dam break that contaminated local Amazonian rivers, violating the right to a clean environment and adequate access to drinking water. - Criminalization of local community leaders that protested for the right to water. 16. Gran Tierra Energy in Ecuador: - Conducted explorations without proper information dissemination in the Charapa, Chanangué, and Iguana blocks.

February 20 2023 Human Rights, Indigenous Rights, Accountability and Transparency

Open Letter from Civil Society Organizations to the President of the Inter-American Development Bank

The undersigned group of civil society organizations greet you as you begin your term as President of the Inter-American Development Bank. We extend to you our best wishes as you assume this task of great responsibility for the people of Latin America and the Caribbean.We take this opportunity to introduce ourselves and express our willingness to continue contributing to the Bank's actions pursuing the region's development. Since 2017, our organizations have been monitoring and making recommendations on the IDB policies and projects, in partnership with local communities and populations. In particular, we promote the Bank’s establishment of better social and environmental policies and practices, as well as adequate and transparent spaces for participation that allow improving the IDB's link and interaction with civil society. To mention just a few examples, we highlight our contributions to the Environmental and Social Policy Framework (ESPF), to the updates of the MICI policy and in the accompaniment of specific cases, and in the revision process of the Access to Information Policy and in the dialogues on the IDB-Amazon Initiative.In conjunction, we are permanently monitoring the Bank's policies and investments throughout the region, including in projects involved in the response to and recovery from the Covid pandemic and many others.We consider it essential that the Bank strengthen its practices and operations, facilitating the promotion and respect for human rights, with special attention paid to the needs of communities and indigenous peoples who are at the forefront in the defense of nature, as well as the protection of key ecosystems in the fight against climate change.Given the relevance of public participation in promoting full development, we reiterate our request to the Bank to generate constructive and lasting participation mechanisms. In particular, we request that the space for dialogue with civil society be reopened in the framework of the next IDB Annual Meetings. This space was a traditional practice that was interrupted in 2014 and has not been resumed to date.We understand that a space for IDB articulation with civil society (social organizations and movements, Indigenous groups, and others who are affected) is not only a good practice that other multilateral agencies are already implementing, but would also contribute to advance the objectives of your administration. As stated in your inaugural speech last January, you stressed your desire to "seize all opportunities for dialogue" and collaborate with different actors to address the most pressing problems of our region.Thus, your administration has an historic opportunity to generate greater openness towards civil society organizations and communities potentially affected by Bank-financed operations. We believe that this demand can no longer be postponed, and that this long-standing claim must be addressed in order to strengthen the work together with the peoples of the region.We remain at your disposal to discuss the points raised in this letter and other matters of common interest at your convenience. Kind regards, Accountability CounselAMATE El SalvadorArticulación Salvadoreña de Sociedad Salvadoreña de Sociedad Civil para la Incidencia en las Instituciones Financieras Internacionales (ASIFI)Asociación Ambiente y Sociedad (Environment and Society Association)Interamerican Association for the Defense of the Environment (AIDA)International Accountability ProjectBank Information CenterCenter for International Environmental Law (CIEL)Coalition for Human Rights In DevelopmentCohesión Comunitaria e Innovación Social A.C. (Mexico)Conectas Direitos HumanosDerecho, Ambiente y Recursos Naturales (DAR, Perú)Ecoa - Ecology and ActionFoundation for the Development of Sustainable Policies (Fundeps)CAUCE Foundation: Environmental Culture - Causa Ecologista (Argentina)Gender ActionInternational RiversMesa de Discapacidad y Derechos (Perú)International Platform against ImpunityProtection International MesoamericaSociedad y Discapacidad - SODIS (Perú)Sustentarse (Chile)Wetlands International / Fundacion Humedales (Argentina) Read and download the letter

December 22 2022 Indigenous Rights, Mining, Accountability and Transparency

Swiss OECD Point of Contact calls on Glencore to comply with due diligence on coal mine in Colombia

Switzerland’s National Contact Point (NCP) for the Organization for Economic Cooperation and Development (OECD) recommended that the multinational as the sole owner of the Cerrejón mine in Colombia ensure “its policies and due diligence measures promote responsible business conduct at Cerrejón” in its final statement on the complaint filed against Glencore. The NCP further implored Glencore to maintain a dialogue with NGOs and representatives of the indigenous Wayúu and Afro-Colombian communities affected by the mine's operations. In January 2021, a coalition of national and international organizations—comprised of GLAN, CAJAR, AIDA, CINEP, Ask! ABColombia and Christian Aid Ireland—filed five complaints with the OECD NCPs in Ireland, the United Kingdom, Switzerland, and Australia to denounce the various detrimental impacts of the Cerrejón mine, operated by Carbones del Cerrejón. The coalition detaile the disastrous impacts on the lives and human rights of the indigenous, Afro-descendant and other rural populations of La Guajira resulting from operation of the Cerrejón mine and Carbones de Cerrejón’s lack of due diligence in its operations, leading to non-compliance with OECD guidelines for multinational companies. The coalition filed the complaints against ESB (Electricity Supply Board), the Irish state-owned company that buys coal from the Cerrejón mine; CMC (Coal Marketing Company), based in Dublin, Ireland, which markets the coal from Cerrejón, and the multinational mining companies that jointly own Carbones del Cerrejón: BHP, Anglo American and Glencore. In response to the coalition’s complaints, the Swiss NCP noted that "the Australian and British NCPs will publish, in accordance with their rules of procedure, Final Statements regarding BHP and Anglo American respectively.” The complaints in Ireland are still pending. The Swiss NCP’s statement did not address the main duty of its mandate—to ensure the implementation of the OECD Guidelines for Multinational Enterprises. Instead, the Swiss NCP statement merely reiterated generic existing duties and did not make substantive recommendations in response to the details or the gravity of the Cerrejón’s human rights abuses and violations documented in the complaint. The Swiss NCP conducted its review with serious irregularities and asymmetries in its treatment of the parties. The Swiss NCP failed to provide the affected Wayuu indigenous and Afro-descendant communities with access to information about the review or any guarantees of participation in the review. These asymmetries and irregularities resulted in Glencore’s impunity for the serious human rights violations committed by the mining operations of Carbones del Cerrejón. Our coalition eventually chose to withdraw from the process in protest of the Swiss NCP’s disfavorable treatment of the coalition and favorable treatment of Glencore. Our experience with the Swiss NCP highlights how the complex web and architecture of impunity and asymmetry in international processes favors multinational companies, resulting in abysmal gaps in justice for victims of multinational companies’ human rights abuses and violations. Given the enormity of the Swiss NCP’s incompetence, negligence, and inconsistency in its functions, we reject the NCP’s final statement which suggests that GLAN and the coalition members are to blame for failure of the mediation process. In this statement, the NCP ignores the impacts of its own deficiencies on the mediation process. The way the Swiss NCP in structured the mediation process placed a greater burden on the complainant’s ability to access and participate in the mechanism than on Glencore. Despite these disadvantages, the coalition participated with the utmost diligence and good faith throughout the entire procedure. The Swiss NCP’s incompetence in this instance is part of its pattern of favoritism of multinationals. For example, the Swiss NCP mishandled the complaint against Sygenta for its harm to farmers in India. The NCP's improper practices led Marcos Orellana, UN Special Rapporteur on Toxic Substances and Human Rights, to state that the Swiss NCP set “a bad precedent that underlines the weaknesses of the National Contact Points for the OECD Guidelines.” Because the Swiss legal accountability mechanisms do so little to regulate the conduct of Glencore—a company with a history of corruption and serious allegations of human rights abuses and violations associated with its global activities—the Swiss government is implicated in Glencore’s abuses. Although the OECD guidelines are voluntary for companies, countries that adhere to guidelines make a binding commitment to implement them. The Swiss NCP's inadequate handling of this complaint and the Swiss government’s failure to comply with its functions and the obligations relating to respect for human rights, leads us to question degree of the Swiss government’s complicity in these abuses and how this complicity creates an environment of tolerance for corporate violations and abuses. What is clear is that the OCED’s voluntary mechanism has become a way to mask corporate violations and facilitate corporate impunity. Although the Swiss government does not grant real and effective access to justice for victims of Glencore’s violations as an investor in Carbones del Cerrejón, Glencore is able make use of its guarantees as an investor—as established in the Foreign Investment Protection Agreement between Colombia and Switzerland—to sue the Colombian government over a court ruling that protected the human rights of the Wayuu people from Carbones del Cerrejón’s actions. In the face of this asymmetry in justice between the parties, it is concerning that Colombia choses to maintain this agreement. We reiterate the inadequacy of non-judicial mechanisms to hold multinational corporations accountable. Cases such as this highlight the need for binding due diligence legislation and a treaty regarding companies and human rights that includes real accountability for abuses resulting from seemingly unlimited transnational corporate power. Signed: Interamerican Association for Environmental Defense (AIDA) José Alvear Restrepo Lawyers' Collective (CAJAR) Center for Research and Popular Education (CINEP) Christian Aid ASK ABColombia Global Legal Action Network (GLAN) press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +525570522107

March 29 2022 Indigenous Rights, Accountability and Transparency, Human Rights

Indigenous victory as development bank withdraws investment and drafts exit plan following rights violation in Guatemala

In a historic advance, the Inter-American Development Bank has designed a responsible exit plan to accompany their divestment from two controversial large dams in the Yichk'isis micro-region of Guatemala. Affected Mayan communities celebrate the decision, a response to their 2018 complaint, while acknowledging that the Bank has several challenges left to confront. Washington, DC, U.S.A. The Inter-American Development Bank (IDB) announced its decision to withdraw financing from the San Mateo and San Andrés hydroelectric projects, run by the company Energía y Renovación S.A. in the micro-region of Yichk'isis (Ixquisis) in northern Guatemala. The Bank designed a responsible exit and institutional strengthening plan to address the weaknesses the case revealed. The Bank’s decision stems from a complaint affected Mayan communities filed in 2018 before the IDB Group's Independent Consultation and Investigation Mechanism (MICI, for it’s Spanish initials). In resolving the complaint, the accountability office concluded that IDB Invest failed to comply with the bank’s operational policies and safeguards in the framework of project financing, and opened the possibility of a withdrawal of investment. "It’s an opportunity for the bank to take into account the lessons learned from the case: among them the relevance of understanding the local contexts of projects, the socio-cultural dynamics of the populations that will be directly affected, and the local perspective of development to determine the viability of the financing," says Liliana Avila, senior attorney of the Human Rights and Environment Program of the Interamerican Association for Environmental Defense (AIDA). "It is also an opportunity for the bank to strengthen the monitoring and supervision of the projects it supports in order to prevent non-compliance.” The divestment was finalized in October 2021, when IDB Invest and Energía y Renovación S.A. signed settlement agreements. Notably, this is the first time that the IDB Group, as a result of a complaint, has drawn up a plan to make its exit responsible. However, there are still challenges and pending issues that the financial institution must address in the process of exiting hydroelectric projects. "In order to prepare the responsible exit plan, IDB Invest must carry out consultation processes with the affected communities, which will largely define the plan's capacity to effectively address and offer viable solutions to the damages recognized in the MICI report, such as the increase in conflict, the lack of knowledge of the existence of indigenous peoples and their rights, the effects on ancestral cultural heritage, the differentiated impacts on women and the lack of prevention and consequent environmental degradation," said Carolina Juaneda, of the Bank Information Center. "If these issues are not addressed and included in the responsible exit plan, all this effort will not have been worthwhile since, ultimately, it will not lead to any improvement or reconstitution of living conditions for the affected people and the environment." The action plan proposed by the entity establishes that IDB Invest will create a transition plan translated into the native languages of the affected communities, as well as a gender-differentiated impact assessment, and an investment to promote financial inclusion and women's empowerment in the area. In addition, the plan contains actions to address MICI's recommendations for structural changes at the institutional level. In this regard, the bank plans to strengthen the environmental and social safeguards unit of IDB Invest in the area of indigenous peoples, as well as to establish a zero tolerance policy for gender-based violence, which will be included in the contractual conditions of operations approved by the bank. Existing protocols will include tools to follow up on acts of violence associated with projects financed by IDB Invest. Regarding the categorization of projects, an update will be made so that the internal supervision classification will be modified to a higher one when circumstances are identified that raise the risks and impacts of a project after its financing was approved. "The bank's responsibility in the investment process and in the non-compliance with its social and environmental safeguards is evident; therefore, it must promote during the exit process the effectiveness of the actions in a participatory manner, free of manipulation and in an inclusive manner with the community to reduce the risks of re-victimization and violation of the affected population," indicates Mara Bocaletti, Director of the International Platform against Impunity. "This experience is a first step to maximize the benefits in the territories so as to make amends for the damage caused." The communities submitted their complaint to MICI in August 2018 with the accompaniment of AIDA, the International Platform against Impunity and the Plurinational Ancestral Government of the Akateko, Chuj, Q'anjob'al and Popti' Native Nations. In it, they requested that IDB Invest withdraw its investment due to the damage that the implementation of the projects has caused to the environment, indigenous peoples and women of Ixquisis. In September 2021, the IDB Group Board of Directors approved the MICI report, which concluded that IDB Invest failed to comply with its own operational policies and safeguards for at least five reasons: 1) validating an inadequate characterization of the affected population, which denied the existence of indigenous peoples; 2) failing to verify the completion of an identification of gender-differentiated impacts on women; 3) failing to ensure that the client made an adequate identification and management of environmental impacts; 4) failing to ensure that the communities were properly informed and consulted; and 5) failing to carry out adequate monitoring of local conflict risks that could be generated in the area because of the projects. "The MICI report confirms that IDB Invest failed to comply with its policies, generating adverse impacts on the lives of the communities. The company Energía y Renovación did not act with due diligence in the framework of its operations and, on the contrary, has implemented strategies contrary to the respect of human rights. Currently, several indigenous authorities and human rights defenders are criminalized, making undeniable the continued risk for the communities," says Rigoberto Juárez, General Coordinator of the Plurinational Ancestral Government. "Given this evidence, it’s important that IDB Invest guarantee actions aimed at repairing the damages caused to the communities in the framework of the financing of these projects, and more strongly recognize its responsibility." press contacts: Victor Quintanilla (México), AIDA, [email protected], +521 5570522107 Camila Castellanos, Plataforma Internacional contra la Impunidad, [email protected]

February 03 2022 Large Dams, Freshwater Sources, Accountability and Transparency

IDB must guaranty a responsible exit from the Hidroituango project

Ongoing investigation of the project continues regardless of early repayment of loan. The IDB Group concluded the loan for Hidroituango prematurely as they face uncertainty regarding project initiating operations. The investigation process regarding non-compliance with IDB policies in Hidroituango continues, regardless of the early termination of the loan. The construction of the Hidroituango dam, a project that has created a humanitarian and environmental crisis without precedent in Colombia, was financed by IDB Invest, the private lending arm of the Inter-American Development Bank (IDB), which invested millions of dollars in the hydroelectric project and facilitated the investment of a billion additional dollars from other international development banks. The Office of the Transparency Hub of IDB Invest informed Movimiento Ríos Vivos (MRV) -which represents communities affected by HidroItuango - that the bank concluded its involvement in the project after receiving the advance repayment of funds from Empresas Públicas de Medellin (EPM). Further, it informed that the compliance investigation process currently underway at the Independent Consultation and Investigation Mechanism (MICI) to assess compliance with IDB policies will continue, separate from the exit from the project by IDB. Regarding the communication sent by IDB Invest to MRV, the movement and accompanying international organizations, the Center for International Environmental Law (CIEL) and the Interamerican Association for Environmental Defense (AIDA), stated the following: First, the undersigned organizations maintain that the continuation of the complaint before the MICI demonstrates a respect for the integrity and independence of the accountability mechanism and a commitment to respond to the concerns of communities affected by IDB financed projects. Furthermore, we would underline that the fact the IDB has concluded its involvement in the project, resulting from a voluntary repayment due to the uncertainty of reaching certain project milestones, does not imply the absence or the removal of the investment. Much to the contrary, the prepayment by EPM to the IDB Group demonstrates that the IDB effectively disbursed funds and financed the project, and that Hidroituango is an IDB branded project. Consequently, we believe that it is correct for the MICI, the accountability mechanism in this case, to continue its investigative functions, and that the Board and management of the Bank remain committed to the process and its findings. Secondly, as has been set forth by the MICI in recent reports recognizing the lack of compliance with environmental and social safeguards by the bank, such as the case of the San Mateo and San Andres hydroelectric projects in the microregion of Yich K’isis in Guatemala, “in case of exit from the Projects, IDB Invest should make the necessary provisions to ensure a responsible exit from the Operations”. We are confident that the payment of the debt by EPM to the IDB opens up a historic possibility for the bank to conclude its involvement in a responsible way, by creating an Exit Plan in participation with communities which allows for the restoration of affected livelihoods, thereby legitimizing the bank as a responsible international finance institution. This possibility brings hope to the MRV communities affected by the Hidroituango project, who have called for the end of the investment by the IDB and its responsible exit for years. Thirdly, the undersigned organizations expect the IDB to fulfill its commitment to transparency in its operations, guaranteeing the principle of maximum access to project information, in a straightforward and comprehensive manner, under the terms established in the bank’s access to information policy. It is under these terms that we will be requesting meetings with the Board of the IDB in the near future. Today the IDB has an opportunity to fulfill its commitment to maintain high standards of integrity, transparency and accountability within its operations not only in Colombia but throughout Latin America. For this reason, we insist on the need for i) decision-making to be more transparent about the remaining IDB Group investments or loans which currently finance this project, both from its public and private lending arm, as was set forth in the petition sent on December 6th, 2021, ii) that a responsible, effective and participatory exit plan be built with communities. Press contacts: Milena Florez, Movimiento Ríos Vivos (MRV), [email protected], +57 319 2131656 Carla García Zendejas, CIEL, [email protected], +1 202 374 2550 Yeny Rodríguez Junco, AIDA, [email protected], +57 310 7787 601

January 20 2022 Human Rights, Mining, Accountability and Transparency

Environmental responsibility through supply chains

This report emphasizes the importance of binding legislation for companies to comply with environmental aspects as well as human rights throughout their supply chains.The document reviews environmental impact assessments as an instrument of due diligence and corporate responsibility in their supply chains. It examines the independent monitoring of impacts of business operations, and reflects on environmental guarantees and human rights for the legislative processes of due diligence. Download the publication

December 15 2021 Indigenous Rights, Freshwater Sources, Accountability and Transparency

Three advances for climate and environmental justice in 2021

In the face of increasing environmental degradation and the climate crisis, the strength of the collective struggle shows that it’s possible to ensure a healthy environment and a sustainable future for all people. This year, AIDA made important advances on that path, hand-in-hand with communities and allies in the region. The stories below tell of achievements that bring us closer to the environmental and climate justice we urgently need and for which we work every day. They are the stories that inspire us to continue working for the future. 1. Mayan women pave the way for responsible financing In Guatemala, under our guidance and with the support of local and international allies, the struggle of the Mayan women of Ixquisis to defend their water and territory has made history. Following a complaint against the large dams being implemented in their territory, the Inter-American Development Bank’s accountability office recognized the damage the dams caused and, for the first time, acknowledged the possibility of a responsible withdrawal of its investment. leARN MORE 2. Court ruling upholds the preservation of natural protected areas The intention of large real estate developers to dismantle the Yum Balam protected area for flora and fauna in the Mexican Caribbean has hit a wall. Mexico's Supreme Court set a key legal precedent by determining that the management program, fundamental to the sustainable use of the site, is legal. AIDA helped defend Yum Balam in court and, years earlier, our attorneys helped build the management program. LEARN MORE 3. International support reaches high-Andean lakes in Bolivia Together with local communities and organizations, AIDA requested international technical support for the recovery of lakes Poopó and Uru Uru in the Bolivian highlands, which was finally formalized by the government. This support, scheduled for next year, is vital for the recuperation of these ecosystems, life-support systems for biodiversity and the indigenous and peasant communities in the area. learn more Read these stories and much more about this year's journey in our 2021 Annual Report!

December 10 2021 Large Dams, Indigenous Rights, Freshwater Sources

The day that the indigenous struggle bore fruit in Guatemala

September 22, 2021 will be an iconic date for the men and women of the micro-region of Yich K'isis (Ixquisis), Guatemala, whose lives were abruptly changed by the construction of the San Mateo and San Andres hydroelectric dams, financed by IDB Invest. On that day, the IDB Group's Independent Consultation and Investigation Mechanism (MICI) upheld most of their claims, contained in the complaint they filed three years ago. Their final report acknowledges that the bank failed to verify the information about the affected population provided by the company responsible for the projects, which ignored the presence of indigenous peoples in the area. It also points out the failure to consider the differentiated impacts that women would experience in any of the project implementation phases, overlooking the role that the local rivers play in their daily lives and in their ways of inhabiting the territory. On the environmental issue, essential to indigenous peoples' ways of life, MICI also establishes non-compliance, recognizing that "IDB Invest did not ensure that the projects properly identified and delimited critical habitats and internationally recognized zones, nor that risks and impacts were established." In terms of access to information for the communities, the bank "failed to comply with its own operational policies, as no meaningful consultation with the communities took place in the development of the projects," the document reads. The indigenous men and women of Ixquisis see the report as recognition of what they’ve been denouncing for years. Along with its conclusions, MICI also makes a series of recommendations aimed at correcting the mistakes made by the bank in the San Mateo and San Andres projects, as well as avoiding repeating them in other cases. In its last recommendation, the accountability mechanism establishes, for the first time in the IDB's history, the possibility for the bank to responsibly withdraw from projects it finances. For the communities of Ixquisis, this recommendation represents the best hope for the restoration of their lives, abruptly transformed by the arrival of the projects. Indeed, ever since the complaint process began, the communities have been demanding the cessation of project funding. They consider it unsustainable that projects that fail to recognize their existence, and cause so much damage to their territory, some of it irreparable, should be financed by an international institution whose main mandate is to promote development. In the scenarios in which they were able to express their feelings to bank and MICI officials, their request was heard: the bank cannot continue financing projects that have impacted their lives in such severe and unjust ways, and its exit must be responsible. This means that the bank’s withdrawal must be based on a plan built with the effective participation of the communities and must contemplate all the damages caused in relation to social dynamics, the increased conflict in the region, the failure to acknowledge the existence of indigenous peoples and their rights, the affects on the ancestral cultural heritage, the differentiated impacts on women, and the lack of prevention and consequent environmental degradation. The bank must now propose an action plan to comply with MICI’s report, a mission that is undoubtedly transcendental. The bank now has the historic opportunity to correct its mistakes and legitimize its actions, honor its institutional mandate to promote development, respect and recognize indigenous peoples, and contribute to making the Ixquisis micro-region a place where indigenous men and women can once again develop their life in harmony with nature, and alongside their community.