Freshwater Sources

Worth Protecting: Mexico’s Marismas Nacionales

By Anna Miller, AIDA writer On Mexico’s northern Pacific coast, verdant mangroves reach their roots into the shallow soil, drink up the sweet, fresh water flowing from the mountains, and shelter the diverse, abundant life teeming below. Crabs crawl along the muddy ground, fish zig and zag along the root systems, crocodiles wait patiently in the shallows, and sea turtles feed on their way to coastal nesting grounds. This living, breathing community, extending 2,000 square kilometers through Nayarit and Sinaloa states, is the largest mangrove forest on Mexico’s Pacific coast.   Despite the importance of this rich environment, the Marismas Nacionales are at risk. Their health and vitality are threatened by the proposed Las Cruces hydropower project, which would dam the Río San Pedro Mezquital, the last free-flowing river in the Sierra Madre Mountains.  After the senseless destruction of the Tajamar mangroves in Cancún, Mexico must now, more than ever, live up to its responsibility to preserve vital wetlands like Marismas Nacionales. There is so much worth protecting.  The San Pedro Mezquital River is born in the highest peaks of the Sierra Madre, flowing through dense green forests and across valleys before reaching the coastal plains of Nayarit, where its fresh waters feed Marismas Nacionales. Altering the natural flow of the river would increase sedimentation in the wetlands and risk suffocating the sensitive system. The vast coastal wetlands along the Gulf of California are home to as many as 20 percent of Mexico’s mangroves. A sort of biological super system harbors a diverse array fish and birds and insects and amphibians. The Marismas Nacionales are believed to constitute one of the most productive environments in Northwest Mexico.  Coastal communities also live in harmony with Marismas Nacionales and depend upon the wetlands for their survival. The coastal marine environment provides a sustainable livelihood for local populations, who fish and harvest shellfish. The communities are therefore linked with the health and wellbeing of the wetlands.  An avian paradise, the Marismas Nacionales are home to more than 250 species of birds, nearly half of which are migratory.  The Marismas provide a critical wintering habitat for birds from the Pacific coastal region: in parts of the year, 80 percent of Pacific migratory shorebirds take shelter there. Many local species also seek out the mangroves as shelter from surrounding areas during particularly harsh weather.  Without a healthy river, the life in these vast mangrove forests and coastal lagoons may be lost for good. With the construction of Las Cruces Dam, Mexico is putting at risk another of its sacred natural places. AIDA is committed to protecting Marismas Nacionales, and the health and way of life of all the living things that depend on them. We hope you’re with us.    Learn about our work to stop Las Cruces Dam

Conserving the Ciénaga Grande de Santa Marta

Brazilian Court overturns suspension of Belo Monte’s operating license

Brasilia, Brazil. The Federal Regional Court of the First Region (TRF1) overturned the preliminary decision suspending the operating license of the Belo Monte Dam. On January 11, the Federal Justice of Altamira decided to suspend the license until the federal government and Norte Energia, the company in charge of the dam’s construction, complied with their obligation to restructure the National Indian Foundation (FUNAI) of Altamira. However, a federal judge from TRF1 decided today that this decision disproportionately “affects the public interest, causing grave repercussions on the economy and public order.” Another argument presented was that the suspension would prevent the implementation of various plans designed to benefit indigenous peoples. “This is yet another attack on the rights of the affected indigenous communities. The decision manipulates the arguments of public interest, order, security and the economy, and then uses the plans – which should have been implemented when the previous license was granted in 2010 – to justify why it is not possible to suspend the operating license. The bottom line is that the operating license never should have been granted in the first place without the fulfillment of those plans,” said María José Veramendi, AIDA attorney. For more information, please consult the factual record of the case and the latest news about our case before the IACHR.  

IACHR opens case against Brazil for human rights violations related to Belo Monte Dam

Para português, clique aqui Four years after civil society organizations filed their original petition, the Commission opens the case, asking the Brazilian government to respond to allegations of human rights violations stemming from the hydroelectric project under construction in the Brazilian Amazon. Washington D.C., United States. As the first reservoirs of the Belo Monte Dam are being filled, the Brazilian government is coming under fire from international organizations. On December 21, the Inter-American Commission on Human Rights (IACHR) opened a case against Brazil, which was challenged by affected communities represented by the Interamerican Association for Environmental Defense (AIDA), Justiça Global and the Sociedade Paraense de Defesa de Direitos Humanos (SDDH). After an initial review lasting four years, and several requests for fast tracking the case by the petitioners, the Commission finally determined that the petition contains sufficient grounds to open the case, which means that Brazil must respond to the claims of human rights violations caused by Belo Monte. “We hope and believe that now is the time for Brazil to respond comprehensively to our claims about: the absence of consultation and free, prior and informed consent of affected indigenous communities; the lack of participation and adequate assessment of environmental impact; and the forced displacement and violations of the rights to life, health, integrity and justice of indigenous peoples, riverine communities, and residents of the city of Altamira,” said María José Veramendi Villa, AIDA attorney. Based on Brazil’s response, the Commission will then determine if requirements have been met to have the case admitted and, if so, to establish whether or not the project caused the alleged human rights violations. “The opening of the case is, above all, a victory for the affected communities and local social movements, who have endured for all these years, and remain strong and determined in their search for justice and reparation,” said Raphaela Lopes of Justiça Global. This past November, the Brazilian Institute of the Environment and Renewable Resources (IBAMA) authorized Belo Monte’s operating license, which allowed the dam’s reservoirs to be filled. IBAMA did so despite the fact that Norte Energía, the company in charge of the project, failed to comply with the conditions necessary (potable water and sanitation, among others) to guarantee the life, health and integrity of affected populations. By opening the case for processing, the Commission is using all available tools to monitor the situation surrounding Belo Monte. Indigenous communities affected by the dam have been protected by precautionary measures that the Commission authorized in 2011, which Brazil has yet to meet. In early December, the United Nations Working Group on Business and Human Rights visited Altamira, the city closest to the Belo Monte project and one of the areas most affected by displacement and socio-environmental conflicts caused by the dam’s construction. There, they met with affected groups, among them members of indigenous and riverine communities, listening to their complaints. After their visit, the Working Group issued a statement that, among other things, urged the Brazilian government to respect human rights, not sacrifice them for economic development.  The Working Group is expected to present the final report of their visit to the Human Rights Council in June 2016. It is our hope that they conduct an adequate follow-up to their visit, and that the report they produce is explicit regarding both the human rights violations surrounding Belo Monte, and the actions of the Brazilian government and the companies involved. As organizations representing the victims of Belo Monte, we will continue to press Brazil to respond to the human rights violations directly caused by the dam’s construction.

Brazil authorizes operation of the Belo Monte Dam, disregarding the rights of affected communities

The environmental authority granted the project’s operating license, ignoring evidence of noncompliance with conditions necessary to guarantee the life, health and integrity of indigenous and other affected populations. Altamira, Brazil. The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) today authorized the Belo Monte Dam’s operating license, which allows the dam’s reservoirs to be filled. The authorization was granted despite clear noncompliance with conditions necessary to guarantee the life, health and integrity of affected communities; the same conditions that IBAMA called essential in its technical report of September 22. IBAMA’s decision makes no reference to conditions needed to protect affected indigenous peoples. “We can’t believe it,” said Antonia Melo, leader of Movimiento Xingú Vivo para Siempre, who was displaced by the dam’s construction. “This is a crime. Granting the license for this monster was an irresponsible decision on the part of the government and IBAMA. The president of IBAMA was in Altamira on November 5 and received a large variety of complaints. Everyone – riverside residents, indigenous representatives, fishermen, and members of the movement – talked about the negative impacts we’re living with. And now they grant the license with more conditions, which will only continue to be violated.” In an official letter to IBAMA on November 12, the president of the National Indian Foundation (FUNAI) concluded that conditions necessary for the protection of affected indigenous communities had clearly not been met. However, he gave free reign for the environmental authority to grant the operating license “if deemed appropriate.” “The authorization clearly violates Brazil’s international human rights commitments, especially with respect to the indigenous communities of the Xingú River basin. Those affected populations are protected by precautionary measures granted in 2011 by the Inter-American Commission on Human Rights, which the Brazilian government continues to ignore,” said María José Veramendi, attorney with the Interamerican Association for Environmental Defense (AIDA). The license allows for the filling of two of the dam’s reservoirs on the Xingú River, an Amazon tributary. It is valid for six years and is subject to compliance with certain conditions; progress will be monitored through semiannual reports. Such conditions should have been met before the dam’s license was even considered, let alone granted. “Environmental licensing is a way to mitigate the effects, control damage and minimize the risks that the dam’s operation entails for the community and the environment. By disrespecting and making flexible the licensing procedures, the government is allowing economic interests to prevail and ignoring its duty to protect the public interest,” said Raphaela Lopes, attorney with Justiça Global. AIDA, Justiça Global, and the Para Society of Defense of Human Rights have argued on both national and international levels that the conditions needed for Belo Monte to obtain permission to operate have not been met. The project must still guarantee affected and displaced populations access to essential services such as clean water, sanitation, health services and other basic human rights. “The authorization of Belo Monte, a project involved in widespread corruption scandals, contradicts President Rousseff’s recent statement before the United Nations, in which she declared that Brazil would not tolerate corruption, and would instead aspire to be a country where leaders behave in strict accordance with their duties. We hope that the Brazilian government comes to its senses, and begins to align its actions with its words,” said Astrid Puentes Riaño, co-director of AIDA.   The green light for Belo Monte couldn’t have come at a worse moment. On November 5th, two dams impounding mine waste—owned by Samarco, a company jointly overseen by Vale and BHP Billiton—broke in the city of Mariana, Minas Gerais, causing one of the greatest environmental disasters in the country’s history. A slow-moving flood of mud and toxic chemicals wiped out a village, left 11 dead and 12 missing, and affected the water supply of the entire region, destroying flora and fauna for hundreds of miles around. The toxic flood has since reached the sea. The company’s operating licenses had expired two years ago.  Approval of Belo Monte’s operating license comes just six days before the start of the Paris climate talks, the most important meeting of the United Nations Framework Convention on Climate Change in recent history. Once in operation, Belo Monte will emit greenhouse gases including carbon dioxide and methane; as the world’s third-largest dam, it will become a significant contributor to climate change. By authorizing Belo Monte, the government of Brazil is sending a terrible message to the world. Ignoring its international commitments to protect human rights and mitigate the effects of climate change, the government is instead providing an example of how energy should not be produced in the 21st Century. 

5 Major AIDA Achievements of the Past 6 Months

1.   Colombia Suspends Aerial Spraying of Glyphosate  In May 2015, Colombia announced its intentions to suspend the aerial spraying of a toxic herbicide containing glyphosate, the main ingredient in RoundUp, which has been used for more than 20 years to eradicate coca and poppy crops. The decision was made final on September 30, when the environmental management plan allowing such spraying was suspended. Pressure on the government mounted with a couple of key court decisions after AIDA and allies in Colombia and the U.S. launched an online petition. Together we collected almost 25,000 signatures from people calling on President Juan Manuel Santos and the Minister of Justice to end the spraying.  Colombia’s spraying has doused homes, farms, forests, and water in vast rural areas, wreaking havoc in sensitive ecosystems, and damaging water sources and food crops in one of the most biodiverse nations on our planet. It has even forced families, including some in indigenous communities, off their lands. AIDA has worked to end the spraying over a period spanning 17 years. When the Minister of Health recently recommended suspending the program over fears that the chemical causes cancer, AIDA worked with the media and organized partners to generate and participate in a national debate. 2.   Panamanian Congress Protects Panama Bay Wetland Wildlife Refuge After years of legal wrangling, Panama passed a law on February 2, 2015—World Wetlands Day—that grants permanent protection to the ecologically critical Panama Bay. The law staves off proposed tourist resorts that would harm mangrove forests essential for wildlife, coastal protection, the local fishing industry, and climate change mitigation. AIDA’s collaboration with its local partner, CIAM (the Center for Environmental Defense), ensured that this law is strong enough to guarantee rational uses of wetland resources throughout the country. Panama Bay is one of the world’s most important nesting sites for migratory birds and provides a home for endangered loggerhead turtles and jaguars. Mangroves in the bay buffer increasingly strong storm surges and capture 50 times more carbon than tropical forests. Under the Ramsar Convention, an international treaty for wetland conservation, the Bay is listed as a Wetland of International Importance.  AIDA’s work is helping protect all the ecosystem services that this critical area provides. 3.   Colombian Government Protects 76% of the Santurbán Páramo AIDA joined with local organizations to build public support for protection of Colombia’s páramos, high-altitude wetlands unique to Latin America. Our work garnered 20,000 petition signatures and generated significant media attention. The Colombian government’s decision to enlarge the protected area of the páramo known as the Santurbán is an important victory for the people of Colombia. The Santurbán supplies fresh water to nearly two million people and provides habitat for threatened species. It also captures large amounts of carbon, mitigating climate change. Several years ago, Colombia passed a law that protects páramos—an important step, because the land in and around the Santurbán contains gold and other minerals that international corporations are eager to mine. To implement the law and truly protect the Santurbán, Colombia had to establish the borders of the protected area. The boundaries initially proposed included only a small fraction of the páramo. Now most of it is protected. 4.  Major Reference Reports Published One of the key services AIDA provides—producing Spanish-language reports based on legal research and analysis—benefits government officials, journalists, civil society groups and industry decision makers who are striving to protect our shared environment. We compile extensive information about threats to natural resources and best practices for environmental protection. Our reports fill gaps in knowledge among key Latin American policymakers and advocates. Recent AIDA publications that can help guide efforts toward environmental protection include: International Regulatory Best Practices For Coral Reef Protection. Protecting Coral Reefs in Mexico: Rescuing Marine Biodiversity and Its Benefits for Humankind. Basic Guidelines for the Environmental Impact Assessment of Mining Projects: Recommended Terms of Reference. 5.   Regional Fracking Group Established:  30 Organizations in Seven Nations In Latin America, many countries are opening their doors to fracking—the practice of injecting water, sand and chemicals at high pressure to shatter rocks and release natural gas from deep underground. Governments are doing so with little or no understanding of the environmental and health impacts of this technology, and with the absence of adequate processes to inform, consult, and engage affected communities. With AIDA’s help, the Regional Group on Fracking was formed to raise awareness, generate public debate, and prevent risks associated with fracking. The group seeks to ensure that the rights to life, public health, and a healthy environment are respected in Latin America. The Group consists of civil society organizations and academic institutions mainly from Argentina, Brazil, Bolivia, Colombia, and Mexico, collaborating to: Identify affected communities and fracking operations in the region, and document impacts; Advance strategies to stop harmful projects and slow the spread of fracking; and Organize seminars and provide educational materials about the risks and impacts of fracking to ensure that a precautionary approach is taken.

Belo Monte noncompliant with conditions for operation, says environmental authority

Altamira, Brazil. In their technical analysis of the Belo Monte Dam released yesterday, the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) concluded that the conditions required to approve Belo Monte’s Operating License have not yet been met. Ten of twelve conditions identified by IBAMA as pending compliance are considered essential for granting the license. Until the operating consortium, Norte Energía, addresses these conditions, the project will be delayed and the dam’s reservoir will not be flooded. “We welcome IBAMA’s thorough evaluation of Belo Monte, a project that has already had severe impacts on the environment and human rights,” said Astrid Puentes Riaño, co-director of AIDA. “Moving forward, it is crucial that all conditions are met, and measures to protect the people and environment of the Xingú River basin are fully implemented before the license may be granted.” The Interamerican Association for Environmental Defense (AIDA) has for more than 5 years supported indigenous and local communities and organizations in their fight to denounce the irregularities of the Belo Monte project. The conclusions outlined by IBAMA reinforce the arguments of those who have long opposed the dam for its negative socio-environmental impacts. “If the Brazilian government approves Belo Monte’s operating license without first guaranteeing the protection of the environment and human rights, they would be violating their international commitments,” said María José Veramendi Villa, AIDA attorney. AIDA and partner organizations have long argued that conditions do not exist for the approval of licenses for Belo Monte. Essential services that would guarantee minimum rights to the displaced population remain outstanding, including potable water and health and sanitation services.  In 2011, the Inter-American Commission for Human Rights granted precautionary measures in favor of affected indigenous communities. The severity of the project’s human rights violations have been reinforced in a report by the Socio-Environmental Institute (ISA) of Brazil, to which AIDA contributed, as well as in information gathered by the health and indigenous protection authorities and the Brazilian Public Ministry.  AIDA expects that IBAMA’s technical report will be taken into consideration when making the final decision on the dam’s operating license. The outright denial of the license would serve as a paradigm for future mega-projects planned in the Brazilian Amazon, as well as other parts of the region, sending a clear message that economic development projects must not engage in human rights violations. 

Belo Monte Dam may begin operations despite noncompliance

The dam has failed to comply with conditions for the protection of the health, integrity and way of life of affected communities. Organizations reiterate the validity of the precautionary measures granted by the Inter-American Commission on Human Rights in favor of the indigenous communities of the Xingú River basin, whose situation of risk has worsened. Altamira, Brazil & Washington, DC – The Belo Monte dam is applying for authorization to begin operations, with construction reported at 70 percent complete. This authorization may happen despite the fact that the project has failed to comply with conditions necessary to protect the health, integrity and way of life of affected communities, including the indigenous peoples of the Xingú river basin. Civil society organizations solicited the Inter-American Commission for Human Rights to maintain the precautionary measures granted in 2011 in favor of the indigenous peoples of the Xingú river basin. They did so as a response to the Brazilian government’s request that the Commission lift the measures, which were authorized to avoid irreparable damage to the rights of the communities. The Interamerican Association for Environmental Defense (AIDA), Justiça Global, the Sociedad Paraense de Defensa de los Derechos Humanos (SDDH) and the Movimiento Xingú Vivo para Siempre (MXPVS) filed the brief on behalf of indigenous and river communities affected by Belo Monte. The organizations argued before the Commission that the social and environmental situation surrounding Belo Monte continues to be serious and urgent, and could cause irreparable damages. Their arguments are based on a recent report by the Socio-Environmental Institute of Brazil (ISA), as well as on official government data that include information from health and indigenous protection authorities and the Public Ministry. The ISA report analyzes in detail the situation of Altamira, Pará—the region where Belo Monte is being constructed—and emphasizes the human rights violations and irregularities of the project.  The report warns that necessary conditions do not exist for the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) to grant the project’s operating license. If granted, the license would authorize the filling of the dam, and, thus, the final diversion of the Xingú River. One part of the dam would then begin operation. According to the ISA report, measures to avoid the project’s impacts on health, education and basic sanitation have not been met. This neglect will lead to further damage, such as the fracturing of indigenous communities, saturation of public health services, lower quality education, and greater forest degradation. “The consequences we announced years ago are now a reality,” said Astrid Puentes Riaño, co-director of AIDA. “The filling of the dam, scheduled for the year’s end, will cause the loss of homes and land, and the modification of the traditional lifestyles and livelihoods of Xingú communities. Brazilian authorities and the Commission must act effectively to prevent this disaster.” It is clear that the conditions necessary for Norte Energía, the consortium in charge of the project, to receive the license are not in place. The vice-governor of Pará explained that although the construction is 70 percent complete, only 30 percent of the social and environmental conditions have been met.  Similarly, the Attorney of the Republic of Altamira, Thais Santi, said that the consortium is not respecting the protection plan for indigenous lands, the principal condition for the protection of the peoples of the Xingú. The decision on the authorization of Belo Monte must also take into account the recent corruption scandal that has engulfed the project. The investigation Lava Jato, which began a year ago, exposed a massive network of corruption involving the government and Brazil’s largest construction companies. A senior executive, currently in prison on corruption charges, mentioned in his declaration how they had set up and executed bribes for the construction of Belo Monte. The Comptroller General (CGU) thereafter decided to investigate the use of public funds in the project. “The lack of effective control in the execution of the project has made the consequences much worse than anticipated. Giving free reign of operation to the dam at this time would mean completely shutting down the options available to avoid major social and humanitarian disasters in the region,” said Sandy Faidherb of SDDH. 

Victory: Aerial Spraying Stopped in Colombia

Protecting the Santurban Páramo from mining's damages