Climate Change

Dams, mines threaten indigenous rights: Recommendations from UN human rights expert

By Jessica Lawrence, Earthjustice's research analyst A longstanding goal of Earthjustice and the Interamerican Association for Environmental Defense (AIDA) has been to sound alarms at the United Nations, in national courtrooms and in international fora such as the Inter-American Commission on Human Rights about environmental and human rights violations associated with mines and dams. Indigenous peoples are particularly vulnerable to the harmful effects of such extractive and energy industries in their territories. Last April, Earthjustice and AIDA provided evidence of these harms, as well as recommendations about how to avoid them, to U.N. indigenous rights expert James Anaya, who recently issued a report on extractive and energy industries and indigenous peoples. Comments from Earthjustice and AIDA focused on mine closure, describing how inadequate closure, restoration or monitoring can cause severe, long-term environmental contamination that can violate indigenous and human rights. We identified steps that countries can take to prevent these problems, including enacting strong laws on pabipty of mine operators and requiring operators to provide financial guarantees to ensure adequate clean-up during and after mine closure. Such measures can help protect human rights to health, clean water and a clean environment, as well as indigenous rights to culture, food, a means of subsistence and their lands and natural resources. Anaya’s report includes a number of recommendations with environmental and health imppcations. Key recommendations include: Guaranteeing indigenous communities’ right to oppose extractive and energy projects without fear of reprisals, violence, or coercive consultations. If a government decides to proceed with a project without their consent, indigenous communities should be able to challenge that decision in court. Rigorous environmental impact assessment should be a precondition. Indigenous communities should have the opportunity to participate in these assessments, and have full access to the information gathered. Governments should ensure the objectivity of impact assessments, either through independent review or by ensuring that assessments are not controlled by the project promoters. Measures to prevent environmental impacts, particularly those that impact health or subsistence, should include monitoring with participation from the pubpc, as well as measures to address project closure. If governments and project operators followed Anaya's recommendations, it would substantially reduce the harm caused to indigenous peoples by the often shameful and irresponsible conduct of extractive and energy industries. AIDA, to which Earthjustice provides significant support, works with local communities to address human rights violations from extractive industries throughout the hemisphere, including the Barro Blanco dam in Panama, the Belo Monte dam in Brazil, the La Parota dam in Mexico, and mines in the Andean ecosystems of Colombia.

Letter to the Board of the Green Climate Fund

Organizations, movements and civil society groups from developing countries -with decades of experience working for the rights and aspirations of peoples and communities- express their unified call for the adoption of the most robust environmental and social protections at the Green Climate Fund.

AIDA and CEMDA joint report on the UPR of Mexico

In accordance with the guidelines of the Human Rights Council, the Mexican Environmental Law Center (CEMDA) and the Interamerican Association for Environmental Defense (AIDA) present comments on the extent of Mexico’s compliance with the recommendations the country accepted as part of the 2009 Universal Periodic Review (UPR). We also present comments on other human rights violations related to environmental issues, which we believe should be taken into consideration during the next Universal Periodic Review set to take place later this year.  

The challenges of deploying wind energy in Mexico. The case of the Isthmus of Tehuantepec

To combat climate change, low-carbon projects such as wind farms must be promoted. But despite the urgency for renewable energy, these projects must be carried out in a sustainable and equitable fashion. This article is an open call to Mexico and the world to improve planning and development practices for renewable energy projects, helping to guarantee the respect of the human rights of affected communities. The Mexican government has authorized the development of at least 14 wind power projects on the Isthmus of Tehuantepec in Oaxaca, one of the poorest states in the country with a more than 34% indigenous population. The projects are backed by international investors including the Inter-American Development Bank and benefiting from the Clean Development Mechanism (CDM) of the Kyoto Protocol. Even so, a number of projects have caused negative social and environmental impacts that outweigh the benefits, threatening the human rights of local indigenous communities, including the right to free, prior, and informed consent for projects affecting their lands and livelihoods. The reason for this problem is that the Mexican government has not developed effective rules or mechanisms to regulate these investments. Without them, private companies have had to negotiate directly with local communities. There are other factors aggravating the situation, too: Locals lack information: Residents of the Isthmus of Tehuantepec say they have not received comprehensive and timely information about the projects. Some residents said in recent public forums that they were not told about the potential environmental impacts of the projects, such as those now affecting the possibility to cultivate their lands. Threats and violence against locals opposing the projects: For more than two years, the Jijot and Zapoteca communities have raised complaints about their leaders receiving threats and attacks by paramilitary groups and state officials seeking to silence any opposition to the development of wind farms. Lack of free, prior and informed consent: In the rush to grant permits and administrative permissions to wind power developers, the Mexican government has not fulfilled its obligation to consult local indigenous communities as guaranteed by international law. Unreasonable terms of land leases: A number of wind developers have signed contracts with local communities that offer paltry payments for the use of their land. Locals have complained about the lack of a process for negotiating on fair and equal terms. Absence of comprehensive and community-wide benefits: Some wind projects lack a comprehensive environmental and social development plan, meaning that they only benefit a fraction of the population: mostly investors and the companies that will buy the energy. While some locals have leased their lands at reasonable prices, the payments haven’t brought the promised development. Environmental impacts: Some projects have caused extensive environmental damage, yet studies to identify, prevent, and alleviate these damages have never been carried out. Impacts include the burning of large swaths of pastureland (a cause of greenhouse gas emissions), mangrove deforestation, and the destruction of migratory bird habitats. To mitigate the social and environmental impacts and avoid the violation of human rights during the development of wind farms, the following actions are suggested: Create a protocol for wind power development that guarantees the respect for human rights. The protocol should be observed in all relevant public policies. And it must meet the following standards: include criteria and indicators to verify the fulfillment of all environmental and social conditions; incentivize economic growth in the region, particularly to the benefit of non-landowners; promote collaboration between private developers, state and local governments, and local communities. Guarantee that all stakeholders and affected communities receive timely, comprehensive and clear information on the projects. The communities have the right to free, prior, and informed consent, and this must be observed. Their decisions must be respected even if they oppose a wind farm. Stakeholders should also seek opportunities to benefit local communities, including through job creation and the support of communal projects. Elaborate and implement a process for measuring the externalities of the projects, in which Mexico’s Federal Electricity and Hydrocarbons Regulator will evaluate sustainability based on independent assessments. If a development fails to benefit local communities, the wind farm must be prohibited from accessing the electricity grid to sell output. As representatives of civil societies working to protect the environment and affected communities, we want to raise awareness about the possible negative impacts of wind farms on communities and promote better practices. We will continue to help affected communities in search of justice and equity.   About the authors:   The Interamerican Association for Environmental Defense (AIDA) is a nonprofit environmental law organization that works across international borders to defend threatened ecosystems and the communities that depend on them. Its mission is to strengthen people's ability to guarantee their individual and collective right to a healthy environment through the development, implementation, and effective enforcement of national and international law. Contact information: [email protected]   The Mexican Environmental Law Center (CEMDA) is a nonpartisan civic organization that promotes environmental protection and the right to a healthy environment. Its work contributes to the effective implementation of legislation, improvement of public policies, and the strengthening of legality and the rule of law. Its objective is to achieve better social welfare conditions in harmony with nature. Contact information: [email protected]

AIDA presents report at Durban linking climate change to decline of human rights in Latin America

Calls for measures to protect the human rights of the most vulnerable communities. Durban, South Africa – On Wednesday, December 7, 2011, the Interamerican Association for Environmental Defense (AIDA) presented delegates at climate meetings in Durban, South Africa with a report detailing the negative effects of climate change on human rights to life, access to water, health, food, and housing for millions of people in Latin America. “Climate change causes the greatest harm to the human rights of those who are least responsible for greenhouse gas emissions – vulnerable and historically disadvantaged communities such as peasant farmers, indigenous peoples, and the urban poor,” said AIDA staff attorney Jacob Kopas. “Governments disproportionately responsible for historical and current emissions have an international obligation to contribute more to lasting solutions.” The most troubling of the impacts detailed by the report is a dramatic reduction in access to freshwater in Latin America. Increased melting of glaciers, degradation of high-mountain páramo wetlands, erratic weather patterns and severe droughts will limit dry-season access to water for up to 50 million people in the Tropical Andean region by 2050. Other impacts include heavier rains and flooding, which affected 2.2 million people and caused $300 million of damages in Colombia alone in 2010, and the loss of 80% of Caribbean coral reefs due in large part to warming ocean temperatures and ocean acidification. “The parties must understand that the climate change problem can no longer be ignored. We need to act now to help the world’s most affected communities cope with climate change by securing urgent yet attainable solutions like the Green Climate Fund here in Durban,” said AIDA attorney Andrés Pirazzoli, who distributed the report to delegates at the meeting. AIDA backs the Green Climate Fund, which would finance low-carbon technology adoption and adaptation programs in the developing world. AIDA issued the report this week to inform an investigation by the Inter-American Commission on Human Rights (IACHR) on the link between climate change and human rights. The report calls for a binding climate treaty and for the biggest emitters to pay for adaptation and mitigation measures in the developing world.

Advocating before the Green Climate Fund

Combating Short-Lived Climate Pollutants (SLCPs)

AIDA Presents Report on Large Dams Before the Inter-American Development Bank (Spanish)

Para Publicación Inmediata: 19 de Marzo de 2010   Contacto: Astrid Puentes Riaño - AIDA, +(52-1-55) 23016639, [email protected]   Informe: Grandes Represas en América ¿Peor el remedio que la enfermedad?   AIDA PRESENTA DOCUMENTO ANTE EL BID El objetivo del documento es el de promover un mejor entendimiento de la situación, evidenciar la vinculación entre los graves impactos ambientales y la violación a los derechos humanos que las grandes represas pueden causar.   Cancún, México – La Asociación Interamericana para la Defensa del Ambiente, AIDA, presentará el informe: “Grandes Represas en América, ¿Peor el remedio que la enfermedad?” ante el Banco Interamericano de Desarrollo, BID. La presentación se hará en el marco de la Reunión Anual de Gobernadores del BID que se celebra en Cancún, hasta el 23 de marzo. En esta reunión, entre otros, el BID decidirá acerca de la recapitalización del Banco para promover mayores inversiones en el hemisferio.   “Esperamos que las futuras inversiones financiadas por el BID y otras Instituciones Financieras Internacionales tengan en cuenta este informe, así como los estándares internacionales para estos proyectos, incluyendo las recomendaciones de la Comisión Mundial de Represas” declaró Astrid Puentes, co-directora de AIDA. “Esto podría Así podrían evitar graves impactos ambientales y a los derechos humanos, y promover verdaderos proyectos de energía limpia”.   El objetivo del Informe es evidenciar la vinculación entre los graves impactos ambientales y la violación a los derechos humanos que las grandes represas pueden causar y motivar la implementación de proyectos de energía adecuados. Para ello, se analizan cinco estudios de caso de distintas regiones de América Latina: La Parota (México), Chan 75 (Centroamérica), Baba (región Andina), Río Madeira (Brasil) y Yacyretá (Cono Sur).    El informe preparado por AIDA en coordinación con International Rivers y con la cooperación de múltiples organizaciones no gubernamentales y de comunidades afectadas por las grandes represas en el hemisferio, se presentó también en noviembre pasado ante la Comisión Interamericana de Derechos Humanos (CIDH) en Washington. La CIDH celebró esta audiencia dada la importancia del tema para la adecuada protección de los derechos humanos en la región.   Entre los impactos más graves generados por las grandes represas, abordados en el Informe, se incluyen: el empeoramiento de la calidad y salubridad de las aguas tanto río arriba como río abajo por la modificación artificial de las cuencas hidrográficas; la degradación de ecosistemas acuáticos; los impactos a la biodiversidad; los impactos en el cambio climático por el aumento en la emisión de gases efecto invernadero dada la descomposición de materia orgánica inundada; el posible aumento de actividad sísmica; la destrucción de ecosistemas estratégicos; el desplazamiento forzado de comunidades típicamente en situación de vulnerabilidad, como las indígenas, campesinas y afrodescendientes, así como las mujeres y los niños y las niñas; la pérdida de fuentes de alimentación y de sustento; la falta de participación pública y acceso a la información; la falta de consulta y la obtención del consentimiento libre, previo e informado de comunidades afectadas; y criminalización de la protesta social hacia personas o comunidades que defienden sus derechos.   “Buscamos evitar estas consecuencias negativas y promover alternativas efectivas a las necesidades energéticas, para lograr un verdadero desarrollo sostenible”, puntualizó Jacob Kopas, abogado de AIDA y coautor del Informe.   Versión completa del informe y Resumen Ejecutivo   Para mayor información acerca de la situación de las grandes represas en América Latina visite: www.aida-americas.org www.internationalrivers.org www.redlar.org/

Inter-American Commission on Human Rights Examines Impacts of Large Dams in Latin America

Inter-American Commission on Human Rights Examines Impacts of Large Dams in Latin America Washington, D.C. - On November 2, 2009 the Inter-American Commission on Human Rights will hold a hearing on the impacts that large dams in Latin America have on human rights and the environment. Dam-affected peoples and non-governmental organizations (NGOs) will present information showing that Latin-American governments are building dams at great social, environmental and economic costs, often disregarding national and international laws and violating human rights. “More than a million people have already been affected by large dams in Latin America, many of whom are from indigenous and small farming communities,” said Rafael González, Board Member of the Interamerican Association for Environmental Defense (AIDA). “More than 300 new dams are being planned throughout the region, which could destroy the livelihoods of hundreds of thousands of people and harm precious ecosystems.” The over 40 national and international NGOs requesting this hearing will present findings from AIDA’s forthcoming publication, Large Dams in the Americas: Is the Cure Worse than the Disease?, to the IACHR documenting the poor track record of dam construction in the hemisphere. They will also encourage the Inter-American Commission to make recommendations to member States on how to avoid major environmental damages and human rights violations. “The granting of this hearing by the IACHR is a positive demonstration of their interest in examining the link between large dams and human rights violations,” said Astrid Puentes co-Director of AIDA. “We hope that the IACHR will begin an investigation and recommend that States strictly enforce international standards and human rights law, to avoid major environmental impacts and human rights tragedies.” The human rights impacts of large dams are numerous. Affected communities and stakeholders—mostly indigenous, fishing and farming communities—rarely have the opportunity to participate in decisions on dam developments, and frequently are subjected to intimidation, harassment and even military actions when they oppose projects. Families displaced by large dams often receive inadequate or no compensation. Equally troubling are poorly developed resettlement plans that do not account for lost livelihoods or lack of access to medical attention, fishing areas and farming land, leaving families worse off as a result. Large dams have also had profound environmental impacts. Enormous reservoirs inundate biodiverse wildlife habitats and fertile farmlands. Dams and river diversions also harm fish populations, and are the main cause for the extinction or endangerment of one-third of the world’s freshwater fish species. “We are not against development.” said Father Gabriel Espinoza, spokesperson for communities affected by the El Zapotillo dam in Mexico, and who will speak before the Inter-American Commission. “We understand that a country’s needs for energy and water should be met as a fundamental right of all peoples.” “But governments cannot proceed without consulting and providing information for local communities, according to national and international law. That would violate our fundamental freedoms and disrespect our lives, history, culture and livelihoods.” “There are often better, cheaper, and less-destructive alternatives to building a large dam, whether to meet energy or water needs, or to reduce the impacts from floods,” said Monti Aguirre of International Rivers. “Small-scale, decentralized water supplies and new renewable energy sources, as well as large-scale efficiency and conservation plans are only some of the options available. Unfortunately, governments and corporations frequently ignore these choices or dismiss them out-of-hand when a large dam project is on the table.” The World Commission on Dams, in its ground-breaking report on large dams, Dams and Development, recommends using a comprehensive, participatory process to evaluate needs for water and energy and to assess the full range of available options. The hearing is open to the public and will take place on November 2, 2009, from 5:30 to 6:15 p.m., Room Rubén Darío, 8th Floor of the OAS General Secretariat Building, 1889 F Street NW, Washington, D.C. Guidelines for press coverage of public hearings at http://www.cidh.org/Prensa/guidelinespresscoverageENGL.htm. Opportunities for interviews with presenters after the hearing. For more information on large dams in the Americas: International Rivers, Redlar

Large dams in the Americas: Is the cure worse than the disease?

Large dams consistently cause severe, and often irreversible, environmental and social damage. Their construction is also often associated with violations of international human rights and environmental laws. AIDA’s report Large Dams in the Americas: Is the Cure Worse than the Disease? explores these grave impacts and explains the existing international standards that should be applied to protect the environment and human rights. The report also exposes the dangers of using large hydroelectric dams to meet increasing energy demands in Latin America. To promote greater protection of human rights, AIDA gave testimony based on this dams report to the Inter-American Commission on Human Rights (IACHR) at a general hearing on November 2, 2009. AIDA has also shared the report’s findings with international experts, policymakers, non-governmental organizations, affected local communities, and international financial institutions such as the World Bank and the Inter-American Development Bank.   Furthermore, AIDA staff presented legal strategy workshops at "Rivers for Life 3", an international meeting of dam-affected communities in Temacapulín, Mexico, October 1-7, 2010. The previous month, AIDA staff represented Latin America on a panel of water experts at World Water Week in Stockholm. In Large Dams in the Americas, AIDA examines five large hydroelectric dams in violation of a range of environmental and human rights laws: Yacyretá in Argentina and Paraguay, Río Madeira in Bolivia and Brazil, Baba in Ecuador, Chan-75 in Panama, and La Parota in Mexico. Through these case studies, AIDA illustrates how governments generally disregard important international obligations and standards, such as the need to conduct proper environmental and social impact assessments.  In the report, we also explain the significant social and environmental impacts caused by large dams. We discuss how families suffer when they are displaced or forcefully evicted by dams and lose valuable farmland, water sources, or traditional fishing areas. We document how the people most harmed by large dams are those from vulnerable populations, including indigenous, afro-descendent and poor farming communities. We also describe how large dams typically harm the environment by flooding valuable ecosystems, dramatically altering natural flows of water, disrupting wildlife habitat, and obstructing the migratory paths of perse species, among other impacts.  In addition, Large Dams in the Americas dispels the myth that dams are a source of "green energy". Even though dams do not rely on fossil fuels to generate electricity, they still contribute to greenhouse gas emissions. Hydroelectric dams create enormous reservoirs of river water that submerge valleys and lead to the decomposition of vast amounts of organic matter. As the trees and other biomasses break down, they release carbon dioxide and methane, the same greenhouse gases that are created by "dirty" technologies like coal-fired electricity plants. Turbines also liberate methane trapped in deep water and emit carbon dioxide as they release pressure from the reservoir.  In tropical regions, dams can emit as much as eleven times the amount of greenhouse gases that a conventional power plant of equivalent size would emit. Given the negative impacts of large dams, AIDA's report recommends that policymakers seriously consider alternatives that protect human rights and our natural ecosystems, save energy, and reduce greenhouse gas emissions. Suggested alternatives include: improving energy efficiency, reducing demand, making better use of sustainable energy sources, investing in energy-efficient technologies and infrastructure, and removing barriers that hinder technology exchange between nations. AIDA wrote this report in collaboration with our participating organizations, CEMDA, CEDHA, ECOLEX and Earthjustice, as well as International Rivers, Sobrevivencia, and the Association for Conservation and Development (ACD). By educating governments, policymakers, communities, and other key players about large dams, we seek to encourage authorities to investigate the matter and apply our recommendations on how to implement dam projects in compliance with international laws.   Spanish-Language Report Available Here