Human Rights

March 24 2025 Toxic Pollution, Human Rights

Families of La Oroya demand Peru comply with Inter-American Court ruling

One year after the decision, the state has still not implemented the ordered reparations. The population lacks comprehensive health care and is once again exposed to toxic contamination due to the reactivation of the La Oroya smelter complex, which is operating without adequate environmental management.One year after the Inter-American Court of Human Rights ordered the Peruvian state to provide comprehensive reparations to the residents of La Oroya, after finding it responsible for violating their rights, the victims are still waiting for the ruling to be implemented and for state to comply with its international obligations."It's already been a year since the ruling was announced, how much longer will we have to wait?" asked Yolanda Zurita, a resident of La Oroya and a petitioner in the case. "Enough is enough! We demand that the Peruvian state immediately comply with the ruling of the Inter-American Court, which will benefit not only the victims of the case, but also the population of La Oroya and the country exposed to toxic substances from the indiscriminate development of extractive and industrial activities in our territories."On March 22, 2024, in a landmark decision for the protection of a healthy environment in Latin America, the Court responded to the long and tireless search for justice by the families of La Oroya, who have been affected for decades by the extreme levels of contamination from the La Oroya Metallurgical Complex (CMLO) and the lack of adequate protective measures by the State, which today ignores the ruling and underestimates its importance.Although the Court ordered the State to ensure that CMLO's operations comply with international environmental standards and to prevent and mitigate damage to the environment and human health, the opposite is currently the case: the complex has reactivated its operations without having modernized its facilities to prevent and mitigate the environmental and health risks it generates for the population.It is urgent that the CMLO stops polluting and that the Peruvian State adopts the measures required by the Court to modernize it in accordance with international environmental standards of environmental protection, in compliance with the ruling."With the reactivation of the metallurgical complex, the people of La Oroya are once again being exposed to levels of pollution that endanger their lives; the Inter-American Court's ruling is clear and the State is obligated to comply," said Rosa Peña, senior attorney with the Inter-American Association for Environmental Defense (AIDA). "The delay in complying with the ruling is re-victimizing the families who have been demanding justice for more than 20 years."The court also ordered the state to provide free medical care to the victims and to guarantee specialized care to residents with symptoms and illnesses related to contamination from the mining and metallurgical activities. Today, however, comprehensive health care is not guaranteed in La Oroya. It is necessary that the State, through and in coordination with the Ministry of Health, the Regional Health Directorate of Junín, the General Directorate of Environmental Health, and health care providers, create and implement the protocol for comprehensive care for victims in La Oroya, as established by the Court.The ruling set a historic precedent for the control of industrial pollution by states. For the Peruvian State to make real progress in its implementation, it is imperative that the Attorney General's Office issue the Compliance Resolution."Despite the deadlines set by the Inter-American Court for the Peruvian State, there has been virtually no progress in the implementation of the ruling," said Christian Huaylinos, coordinator of the legal department of the Pro Human Rights Association (APRODEH). "Above all, the nature of the case must be taken into account, which implies that La Oroya has been classified as a sacrifice zone due to the high levels of contamination; therefore, the need to fully compensate the victims is urgent." Background of the caseLa Oroya is located in the central mountain range of Peru, in the department of Junin, 176 km from Lima. In 1992, the US company Cerro de Pasco Corporation installed the La Oroya Metallurgical Complex (CMLO) to process mineral concentrates. The complex was nationalized in 1974 and operated by the state under the name Centromin Peru until 1997, when it was taken over by Doe Run Peru, which operated it until 2009. In short, the CMLO is over 100 years old.In La Oroya, most of the people affected by the CMLO contamination, including children, have lead levels higher than those recommended by the World Health Organization. In some cases, they have registered higher levels of arsenic and cadmium, in addition to stress, anxiety, skin problems, stomach problems, chronic headaches, and respiratory or cardiac problems, among others.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 the Peruvian State with the Inter-American Commission on Human Rights in 2006. In October 2021, the Commission found the Peruvian government responsible and referred the case to the Inter-American Court. In October 2022, more than 16 years after the international complaint was filed, the victims, represented by AIDA and APRODEH with the assistance of Earthjustice, brought the case before the Court. Press contactsVíctor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107María Nieve Sullón (Peru), APRODEH, [email protected], +51 984926868

March 21 2025 Human Rights, Indigenous Rights, Freshwater Sources

Why is lithium mining in Andean salt flats also called water mining?

By Víctor Quintanilla, David Cañas and Javier Oviedo* According to official figures, approximately 2.2 billion people worldwide lack access to drinking water.Despite this panorama, threats to this common good from overexploitation and pollution are increasing. One such threat is the accelerated extraction of lithium in Latin American countries, driven by corporate and state actors to meet the energy transition needs of the global North.Lithium extraction involves enormous water consumption and loss and is essentially water mining.On the continent, the advance of the lithium industry particularly threatens the salt flats and other Andean wetlands of the Gran Atacama region—located in the ecological region of the Puna, on the border of Argentina, Bolivia and Chile—where more than 53 percent of the mineral’s resources (potentially exploitable material) are located.Lithium mining exacerbates the natural water deficit in the area, threatening not only the salt flats, but also the many forms of life that live there. Where does the water used in lithium mining come from?First, it’s necessary to point out that salt flats are aquatic ecosystems located at the bottom of endorheic or closed basins. There, rivers do not flow into the sea but into the interior of the territory, so the water forms lakes or lagoons often accompanied by salt flats due to evaporation.In the salt flats, freshwater and saltwater usually coexist in a delicate balance that allows life to survive.The regions with salt flats, such as the Gran Atacama, are arid or semi-arid, with high evaporation and low rainfall. There we find freshwater aquifers at the foot of the mountains and brine aquifers in the center of the salt flats, both connected and in equilibrium.Brine is basically water with a high salt content, although the lithium mining industry considers it a mineral to justify its exploitation and minimize the water footprint of its activities.In addition to being essential for life, the waters of the salt flats are a heritage resource because they are very old—up to tens of thousands of years—and have been the livelihood of the indigenous people who have inhabited the Puna for thousands of years.When the mining industry moves into a salt flat, it threatens the natural balance and directly affects the relationship between water and the social environment, as well as the relationship between water and other forms of life.To extract lithium from a salt flat, the traditional procedure is to drill the salt flat, pour the brine into large ponds, wait for the water to evaporate so that the lithium concentration increases, send the lithium concentrate to an industrial plant and subject it to chemical treatment to separate the lithium from other salts and finally obtain lithium carbonate or hydroxide: a raw material used mainly in the manufacture of batteries.The continuous and large-scale extraction of brine from saline aquifers alters the natural balance of groundwater. As a result, areas that were previously filled with brine are emptied, causing freshwater from nearby aquifers to move in and occupy those spaces, becoming salinized in the process.The final processes to extract lithium carbonate and separate it from the rest of the compound also require water, which is drawn from surface or underground sources that also supply local communities.Therefore, the water used in lithium mining comes from:Underground freshwater and brine aquifers.Surface sources such as rivers and vegas (land where water accumulates). Therefore, the inherent risk of lithium mining is the overexploitation of these water sources. How much water does lithium mining use?The extraction of lithium by the methods described above involves an enormous consumption and loss of water, which is not returned to the environment because it completely used up, because its properties change, or because it is simply lost through evaporation.According to scientific data, the average water overconsumption in lithium mining is as follows:150 m3 of fresh water used to produce one ton of lithium.350 m3 of brine per ton of lithium.Between 100 and 1000 m3 of water evaporated per ton of lithium produced. To illustrate the loss of water resources in lithium mining, the water lost to evaporation is equivalent to the total water consumption of the population of Antofagasta (166,000 people) for two years. This Chilean city is located 200 km from the Salar de Atacama, where more than 90 percent of the country's lithium reserves are located.In addition to water depletion, lithium mining can also contaminate the resource by producing wastewater containing toxic substances. Our vital relationship with waterUnlike the mining industry, which sees water as just another resource to be exploited, the indigenous communities living in the area have an ancestral connection to the resource on which their economic and productive activities depend, as well as their customs, traditions and worldview.These communities must now confront the pressures on water from the advance of lithium mining, driven by outside interests.But they are doing so with courage, developing processes of defense of water and territory.Let us learn from them to defend a common good without which no way of life is possible.Learn more about the impacts of lithium mining on Andean salt flats in this StoryMap (in Spanish)Watch the recording of the webinar “Evidence of hyperconsumption of water in lithium extraction and production” (in Spanish) *Víctor Quintanilla is AIDA's Content Coordinator; David Cañas and Javier Oviedo are scientific advisors.

Restos de carbón a varios kilómetros del lugar de extracción en La Jagua de Ibirico, departamento del Cesar, Colombia

February 10 2025 Human Rights, Mining

Colombia: Communities and workers win first court ruling on coal mine closure that protects their rights

The Interamerican Association for Environmental Defense (AIDA) celebrates the ruling of the Constitutional Court of Colombia, which recognizes the rights to due process and participation of communities and workers in the closure of coal mining projects in the department of Cesar. This ruling comes after years of insistence by these groups, who filed a tutela lawsuit. In this case, AIDA contributed with a legal brief that includes the analysis it has conducted on the issue of closure and responsible exit in Latin America, from the perspective of the right to a healthy environment and other human rights.Below, we share the statement of the communities and workers on the occasion of the ruling.The Constitutional Court of Colombia issued the first ruling on mine closures in the country (T-029 of 2025). It guaranteed due process and, consequently, the effective participation of the communities and unions representing more than 20,000 people in the more than four municipalities affected by the environmental, social and economic impacts of the first irregular abandonment and closure of large-scale coal mines in Colombia.We, a group of affected communities and dismissed workers from Cesar and Magdalena, have led a legal action for more than four years to ensure a public dialogue through a large consultation table where the communities, dismissed workers, local authorities and the affected citizens in general of the mining municipalities of La Jagua, El Paso, Becerril and Ciénaga can know and participate in the definition of compensation and restoration measures that the multinational Glencore - Prodeco must carry out in these municipalities as part of its mining abandonment and closure plan, which is in the process of being approved by the National Environmental Licensing Authority (ANLA).In this ruling, the court determined that the Seventh Administrative Court of Valledupar violated the fundamental right to due process by considering that the multinational company had complied with this participation process with a SINGLE socialization meeting held in November 2022 in these municipalities, which is clearly insufficient and does not comply with what was agreed in the minutes of the meeting, where the commitment of the parties was to convene the GREAT TABLE OF DIALOGUE AND CONCERTATION in the presence of the affected population of these four municipalities.The court ordered to initiate again the opening of the contempt proceeding against the legal representative of Grupo Empresarial PRODECO S.A. and to review the compliance with the judgment and the agreement contained in these minutes.We, as communities and unions of the mining corridor, supported by national and international civil society organizations, and represented in court by attorney Rocío Torres Bobadilla, consider that this public roundtable may be the last opportunity for us to make a balance of what has happened in our territories after 25 years of exploitation and achieve measures for Glencore to compensate and restore all the impacts caused.Therefore:We invite Glencore - Prodeco to a constructive dialogue, to avoid evasive maneuvers and to respect the importance of this judicial decision.We request the Colombian State, headed by the ANLA, the DEFENSORIA and the PROCURADURÍA to accompany us in this process, support this judicial decision and strengthen our protection measures to guarantee our safety as leaders in this process to comply with this ruling.We request national and international organizations to continue supporting us to guarantee a real and effective participation and that this GREAT CONCERTATION TABLE is fulfilled. Finally, we ask the entire population of the country and especially of the municipalities of La Jagua, Becerril, El Paso and Ciénaga to accompany us, support us and join us in a great process to DEFEND THIS JUDICIAL DECISION which is HISTORIC for our territory in order to restore and compensate the serious environmental and social impacts caused by the irregular mining closure and to find measures to address the great poverty and unemployment we are experiencing.Join us to be heard, to heal our territories and to recover our economy.Signed byJunta de acción comunal de BoquerónConsejo Comunitario Afrodescendiente Coafrovis de la Victoria de San IsidroRed de Mujeres del Municipio del Paso Asamblea Campesina del Cesar por la Restitución y el Buen Vivir Asociación de Usuarios Campesinos (ANUC) el Paso Sindicato Nacional de Trabajadores del Carbón (Sintracarbón) Sindicato Nacional de los Trabajadores de la Industria Minero-Energética (Sintraminergetica) Sindicato Nacional de los Trabajadores Mineros Asociación del Reguardo Sokorhpa del Pueblo Indígena Yukpa Consejo Comunitario Caño Candela de Becerril Junta de Acción Comunal del Barrio Don Jaca en Santa Marta Corregimiento de Cordobita en Ciénaga (Madgalena) Vereda el Hatillo Representante Junta de Acción Comunal Sororia de la Jagua de Ibirico Centro de Estudios para la Justicia Social Tierra Digna Rocío Torres Bobadilla- environmental rights defender National and international organizations and defenders that SUPPORT US:Universidad del Magdalena Universidad del Magdalena Clínica Jurídica Interamerican Association for Environmental Defense (AIDA)London Mining Network PAX Holanda PAX Colombia CNV InternationaalSolifonds Multiwatch ASK Switzerland-Colombia Working GroupUrgewald Polen –Transiciones JustasAna Catalina Herrara - labor rights defenderÁngela Velandia Cruz – human rights defender

January 31 2025 Climate Change, Human Rights, Freshwater Sources

Life in Andean wetlands at risk from extractivism

The expansion of industrial extraction of lithium and other minerals for the energy transition of the global north threatens wetlands in Argentina, Bolivia and Chile. These delicate ecosystems are an abundant source of life and fundamental for human subsistence, environmental balance and for mitigating and adapting to the climate crisis.The Andean wetlands - including salt flats, lakes and lagoons - of Argentina, Bolivia and Chile are at serious risk due to the advance of the extraction of lithium and other minerals demanded for the energy transition in the countries of the global north. The Andean Wetlands Alliance warns of this threat to these ecosystems where life abounds and which are key to human subsistence and biodiversity in general and to the fight against the climate crisis.This year, the Convention on Wetlands proposes as the theme for World Wetlands Day: “Protecting wetlands for our common future”. This theme highlights the importance of collective action to protect these ecosystems, on which the future of humanity depends.According to United Nations data, although they cover only 6% of the earth's surface, wetlands are home to 40% of all plant and animal species. And, worldwide, more than 1 billion people (one eighth of the Earth's population) live in rural and urban areas that depend on these ecosystems for their livelihoods. However, with a 35% global loss in the last 50 years (since 1970), wetlands are the most threatened ecosystem, disappearing three times faster than forests.In Latin America, the Andean wetlands of the Gran Atacama region - located in the border area of Argentina, Bolivia and Chile - are home to unique species of flora and fauna, especially adapted to extreme climatic conditions, as well as microorganisms that absorb carbon dioxide and release oxygen. Its high capacity to purify and store water guarantees the supply of the resource for communities and species, also generating conditions for adaptation to the climate crisis.However, due to the presence of large quantities of lithium in these wetlands - the three countries concentrate more than 53% of the resources (potentially exploitable material) of the mineral - there is great pressure on them: corporate and state actors have developed a growing and massive mining industry to meet the demand for lithium in the global north, oriented to the manufacture of electric vehicles and energy storage from renewable sources, among other purposes.On the other hand, national and provincial governments see the industry as an opportunity to attract investment and strengthen their economies, for which they relax or poorly implement regulations that require an adequate analysis of the environmental and social impacts of projects. Likewise, there are no processes of consultation and free, prior and informed consent with the indigenous communities living in the territories. Nor are the rights of access to information, citizen participation, access to justice in environmental matters, or a safe environment for environmental defenders guaranteed.One of the main impacts of this type of mining (lithium extraction) is on water, a central element of Andean wetlands. Lithium is extracted from the water beneath the salt flats, a process that requires both saltwater and freshwater. Andean wetlands exist in regions where survival depends on the scarce water that defines them. The expansion of extractivism in the Gran Atacama regionArgentinaAccording to official data, the country has a portfolio of more than 50 lithium projects in different stages of progress, mainly located in the provinces of Salta, Catamarca and Jujuy. Three of them are in production and export stage (a fourth project started production in July 2024), four are under construction and more than 40 are at different stages of progress (prospecting/exploration/feasibility), mostly in advanced exploration phase. In Salta and Jujuy operate large companies such as Pan American Energy, Pluspetrol and Tecpetrol, historically linked to the oil and gas industry, which are now expanding their presence in renewable energy sectors, with a marked interest in lithium extraction.However, through an amparo action filed against the authorities and government of the province of Jujuy, it has come to light that there are more than 40 mining projects in the Salinas Grandes Basin and Guayatayoc Lagoon alone, an endorheic basin where more than thirty native communities belonging to the Kolla and Atacama peoples/nations live. To date, their progress and whether there are other projects is unknown because access to public environmental information is restricted and is not provided in a complete and timely manner, in breach of national regulations and international standards. In the Salar del Hombre Muerto, Catamarca, is the oldest lithium mining enclave in the country. The salt flat has been exploited since 1996 by the company Livent (now Arcadium Lithium), causing the total and irreversible drying up of the vega of the Trapiche River. In March 2024, the Supreme Court of Catamarca ordered a halt to mining activity in this salar until a cumulative environmental impact assessment is conducted. BoliviaIn the Salar de Uyuni, the largest in the world, resources of 23 million tons of lithium have been identified. And there are 26 other salt flats that, by regulation, are reserved for the exploitation of the mineral; exploration activities are being carried out in six of them. In Bolivia, lithium is state-owned. The country has a state-owned exploitation plant that began operating in 2024 at 20% of its capacity. In 2012 and 2018, two public consultations were held for state-owned plants, but these excluded indigenous and native communities with titled collective lands. Some communities have informally denounced a significant depletion of springs and water wells. The degradation of the Salar de Chalviri and the overexploitation of lithium and boron in the Salar de Capina have also been denounced.Since 2023, agreements have been signed and exploration and camp installation activities have begun with one Russian and two Chinese companies. These agreements have resulted in two contracts, signed at the end of 2024 and pending approval by the Legislative Assembly, with the Russian company Uranium One Group for a plant in the Salar de Uyuni and with the Chinese consortium CBC Hong Kong (CATL-BRUMP-CMOC companies) for two other plants in the same salar. Also at the end of last year, a second international call was launched for the exploitation of four other salt flats (Empexa, Capina, Cañapa and Chiguana), which has resulted in the signing of agreements with the companies EAU Lithium Pty Ltd (Australia), Tecpetrol S.A. (Argentina) and Geolith Actaris (France). These agreements, contracts and processes have been developed without prior consultation processes and with a lack of transparency. ChileThe Salar de Atacama basin is home to more than 90% of Chile's lithium reserves and was one of the first to be exploited by the mining industry. Currently, there are four major mining operations in the Salar Atacama, located in the Antofagasta Region: lithium extraction by Sociedad Química y Minera de Chile (SQM) and Albemaerle, under contracts with the Corporación de Fomento de la Producción (CORFO), which involves the extraction of more than 2,000 liters of water per second; and the parallel extraction of copper by Minera Escondida and Minera Zaldívar, which extract more than 1,400 liters of fresh water per second, aggravating the already critical water crisis in the area. The Atacameño Community of Peine, who live in the salar basin, has taken legal action denouncing the overexploitation of their aquifers, while in Calama, citizen movements are demanding water governance in the face of uncontrolled extraction by mining companies. In 2015, a government-appointed committee recognized that brine extraction has adverse effects on the ecosystem, but instead of regulating its use, it confirmed the government's long-standing policy of regulating lithium production.In Chile, the government has exclusive property rights over lithium under Decree Law 2886 (1979). This means that state institutions, particularly CORFO, set the conditions under which private companies operate in the salars. In 1979, following U.S. directives, the Chilean government - the dictatorship of Augusto Pinochet - declared lithium a “strategic mineral” and took measures to safeguard long-term reserves by limiting production through quotas accredited by the Chilean Nuclear Energy Commission.The National Lithium Strategy, launched in 2023, seeks to expand state exploitation, including new projects in the Maricunga and Pedernales salt flats. Chile concentrates 36% of global lithium production and, with at least 31 new green hydrogen projects in the pipeline, pressure on water resources will increase exponentially. It is known that, since 2013, on SQM's property, 32.4% of the carob trees (Prosopis chilenis) have dried up due to lack of water. The carob tree is a native tree, resistant to drought and with very deep roots that allow it to survive in this environment. Press contacts Víctor Quintanilla, Interamerican Association for Environmental Defense (AIDA), [email protected], +52 5570522107Rocío Wischñevsky, Fundación Ambiente y Recursos Naturales (FARN), Argentina, [email protected], +54 1159518538Verónica Gostissa, Asamblea Pucará (Argentina), [email protected], +54 93834771717Juan Donoso, Formando Rutas (Chile), [email protected], +4915780743628

January 20 2025 Climate Change, Human Rights, Indigenous Rights

Let's talk about project closure and responsible exit

No mining, fossil fuel extraction or power generation project lasts forever. Their useful life is determined by internal factors, such as the quantity of resource reserves, and external factors, such as declining demand or financial problems.But no matter how long a project lasts or how it is affected, its promoters—whether public or private—must provide for a closure and responsible exit process that considers the natural environment and affected communities, and that is desired and promoted by all stakeholders.This issue is even more relevant in the context of actions needed to address the climate crisis, largely related to the energy transition, which generally implies the substitution of fossil fuel extraction and use projects, as well as the promotion of low-emission renewable energies associated with mineral extraction. In both scenarios, closure and exit issues are of great importance.In the first, it is necessary to incorporate concrete and enforceable commitments to close down and move on from existing projects. In the second, these requirements should be built in from the planning and pre-feasibility stages and should also be included in the environmental impact assessments and subsequent stages.In all projects, the role of the promoters is essential. Likewise, the obligation of the state to supervise and monitor is of great importance in order to protect and guarantee the rights of those who may be affected. In some cases, the responsible exit also includes other key actors that are part of the value and supply chains of the projects: investors, financiers, insurers, suppliers, distributors and buyers, among others.Therefore, the discussion of project closure and responsible exit is essential to environmental protection and climate management in Latin America.What do we mean by project closure and exit?All mining and energy projects have different phases in their life cycle: initiation, planning, execution, monitoring and control, closure, and post-closure. In turn, they have supply and value chains that, as we have said, involve actors from different sectors.In this context, closure refers to the stage of a project in which it ceases to operate and is terminated. Exit, on the other hand, refers to the decision and subsequent process in which the different actors in the project's value and supply chain, in their own roles, completely disengage from the project. What does it mean for a closing and exit process to be responsible?There is currently no consensus on the definition and scope of responsible exit and fair project closure processes. Sometimes these terms are used indiscriminately, which can lead to confusion about the responsibilities of the actors involved and the scope of the processes to be carried out. However, there are elements that allow these concepts to be explained precisely:Responsible and fair project closure is a planned, upfront process that should be considered from the earliest stages of a project and continually updated as the project evolves. Responsible closure ensures a planned, coordinated and participatory cessation of activities and dismantling, and guarantees the right to a healthy environment.The planning and development of a closure plan should focus on risk management as well as impact prevention and mitigation. This will ensure a responsible closure in which the affected areas can be readapted and made safe for both nature and communities, while allowing the ecosystems to recover their functions.The general obligation of the project developer is to properly identify the impacts that the project may cause and to adequately and timely comply with the measures approved by the State in its environmental management instruments.The main obligation of the State (in addition to its general regulatory duty) is to supervise and monitor the project to verify compliance with the developer's obligations and to prevent environmental and/or social damage.The role of other actors in the value and supply chain is to act with due diligence, to use their influence to encourage the promoter to comply with its obligations and, in the event of non-compliance, to act within their role and influence to ensure that the necessary corrective measures are taken.Responsible and fair exit refers to the process undertaken by the various actors in the value and supply chain when they decide to fully divest from a project, considering the responsibilities inherent in their role, which include fulfilling their obligations with respect to human rights and due diligence.In Latin America, there has been important progress in regulating aspects related to the permitting, commissioning and implementation of mining and energy projects. However, experience has shown that there are significant challenges in ensuring that the closure and exit processes are responsible for the ecosystems and communities involved.To learn more about this issue, see our report Closure and Responsible Exit. A requirement for environmental and climate justice in Latin America (in Spanish).

January 13 2025 Human Rights, Indigenous Rights, Fracking

The international search for justice of the Mapuche communities in Mendoza, Argentina

In the context of a global climate crisis that has deepened existing inequalities in Latin America, Mapuche communities in Mendoza, Argentina, face multiple threats that increase their vulnerability to climate change and violate their rights.One of these activities is hydraulic fracturing, or fracking, a method of extracting hydrocarbons widely associated with socio-environmental impacts. In Argentina, it is widely used in the Vaca Muerta mega-development, which covers an area of about 30,000 square kilometers and is considered the second largest gas deposit and the fourth largest unconventional oil deposit in the world.A significant portion of Vaca Muerta is in Mendoza Province. The megaproject covers 8,700 square kilometers. Here, Mapuche communities also face a complex political environment that is threatening their territorial rights and even their identity. Added to this are national policies that are detrimental to indigenous rights in the country. These policies aim to dispossess the communities and make it easier to carry out fracking and other extractive activities.Faced with this situation, the Mapuche people are not willing to give up in the defense of their rights, their way of life and their territorial integrity.The Malalweche Territorial Identity Organization, which represents more than 20 Mapuche communities in the province of Mendoza, has appealed to various international organizations to denounce and publicize the critical situation and to demand justice.This process of international denunciation includes communications to the UN Special Rapporteurs on the Rights of Indigenous Peoples and on the Environment and Human Rights, and the submission of an amicus curiae brief to the Inter-American Court of Human Rights on climate emergency and human rights. Fracking's many impactsOil and gas extraction through fracking in Vaca Muerta takes place on the ancestral lands of the Mapuche people. Fracking is an extreme extraction technique that has significant environmental impacts, including increased greenhouse gas emissions. In the provinces of Neuquén and Río Negro, where the exploitation of Vaca Muerta is most widespread, serious environmental and human damage has been occurring for more than a decade and continues to increase.For Mapuche communities, the impact of fracking goes beyond physical damage to the environment. Extractive activities in their territories undermine their capacity for self-determination and profoundly affect their psychological and spiritual well-being, as their relationship with the land is fundamental to their identity and culture.Although fracking in Mendoza is in its infancy, with only a few active wells, the companies and the province have plans to expand it, in addition to the continued growth of activity throughout Vaca Muerta. In order to do this, they will need larger areas of land and the availability of large amounts of water. In this context, traditional practices such as transhumance – a type of seasonal migration in which shepherds move their animals between pastures at different times of the year – are seriously threatened.The growth of these activities, in the current context of water and climate crises in the region, increases the vulnerability of these communities and compromises their ability to continue living sustainably in their natural environment. Reduced human rights safeguardsThe strategy of expanding the occupation of Mapuche lands with mining and other extractive activities has led to the adoption of retrogressive policies that are undermining the framework for the protection of the rights of the Mapuche people in Mendoza and throughout the country.One of these is the declaration approved in March 2023 by the Chamber of Deputies of Mendoza, which questions the status of the Mapuche as an indigenous people of Argentina. This has raised concerns about the possibility of recognizing their territorial rights and the increase in evictions they are already suffering.Complementary measures that facilitate the development of extractive activities over the human rights of indigenous peoples are also being promoted at the national level. These include the closure by decree of the National Institute against Discrimination, Xenophobia and Racism, whose mission was to promote policies and actions aimed at achieving a society free of discrimination. This measure weakens the institutional protection of human rights.Similarly, the government announced the closure of the National Institute of Indigenous Affairs, dedicated to the promotion and defense of indigenous rights. Although this measure has not been carried out, its functional autonomy has been abolished and the areas dedicated to the recognition of communities and the regularization of their territories have been eliminated. In practice, these measures prevent these peoples from exercising their constitutional right to their ancestral lands.In addition, Law 26160, which had suspended the evictions of indigenous peoples while their territorial regularization was in process, has also been repealed. The Secretary of National Security, Patricia Bullrich, argued that there cannot be permanent laws preventing evictions, since "there cannot be a right to usurp.” Violent evictions against indigenous communities have already begun. Actions of international defenseIn response, the Mapuche communities of Mendoza have shown an enormous capacity for organization and resistance.They have turned to international bodies to expose their situation and demand concrete action from local and national authorities. A key example is the communications sent to the UN Rapporteurs on Indigenous Peoples and on Environment and Human Rights to denounce political persecution and violations of their territorial rights. These communications highlight the complacency of the authorities towards extractive interests. The focus of these denunciations has been the defense of their rights in the face of the advance of fracking and other extractive activities.Additionally, the communities were part of the advisory opinion process through which the Inter-American Court of Human Rights will clarify the continent's states' obligations to protect human rights in the face of the climate crisis.The Malalweche Organization submitted an amicus curiae brief, and its representative testified at a public hearing before the International Court of Justice to demonstrate that the extraction of hydrocarbons through fracking and metalliferous mining in their territories reduces their capacity to resist the climate crisis and exacerbates the severe water scarcity in the area, threatening their very survival.The Mapuche communities of Mendoza also presented concrete proposals for action. They called for their inclusion in all consultation and decision-making processes that affect their territories, in accordance with Convention 169 of the International Labor Organization. They stressed the importance of including their traditional wisdom in the development of public policies that benefit indigenous communities and contribute to more effective and sustainable solutions to global environmental challenges.They also called for the intervention of multilateral organizations to demand that the Argentine state guarantee free, prior and informed consultation and strengthen the national institutions responsible for protecting the rights of indigenous peoples.Supported by organizations that defend human rights and the environment, these struggles aim not only to protect the ancestral territories of the Mapuche, but also to guarantee their right to live in peace, with dignity, and in harmony with their natural environment. Their goal is to ensure the self-determination of indigenous peoples. This will allow them to manage their lands and resources in accordance with their worldview, which is deeply linked to conservation.Recognition of the rights of Mapuche communities, including the cessation of extractive activities such as fracking in their territories, is essential to protect their culture, health and livelihoods. With their ancestral wisdom, they offer a way to effectively address the climate crisis and build a more just and sustainable future.

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

December 04 2024 Climate Change, Human Rights

Session 2 of the 2024 GCF Watch International Webinar Series

Best Practices for Effective Climate Action: Insights from the GCF and Lessons for other Funds For the fourth consecutive year, we invite all civil society members following the GCF and other funds under the UNFCCC to attend two dynamic sessions on October 9th and December 4th.This year, we are excited to introduce a more interactive format, featuring presentations and live interviews between a moderator and CSO representatives. This second and final session reflected on the outcomes of COP29, focusing on key decisions related to climate finance. We also discussed lessons learned from GCF monitoring, with a spotlight on gender, indigenous peoples, information disclosure and redress, among other critical issues. PresenterBertha Argueta, Germanwatch: Climate finance under the UNFCCC and the Paris Agreement after COP29. What's next for the NCQG? IntervieweesNatalia Daza, GCF Gender Monitor for Latin America.Tunga Rai, member of the GCF Indigenous Peoples Advisory Group (IPAG).Florencia Ortúzar, regional node for the GCF Watch.Bertha Argueta, alternate active observer for the GCF. Moderation: Daan Robben, Both ENDS. Recording

December 04 2024 Climate Change, Human Rights

COP29: Climate target disappoints and invites us to look elsewhere for hope

The twenty-ninth United Nations Climate Change Conference (COP29), held in Baku, Azerbaijan, was dubbed "the COP of finance" because the most anticipated decision was the establishment of the New Collective and Quantifiable Global Climate Finance Goal (NCQG), the amount that developed countries would pledge to finance climate action in developing countries. This issue grabbed all the attention, overshadowing everything else.In addition, the recent re-election of Donald Trump as President of the United States, accompanied by his threat to abandon the Paris Agreement and reverse the country's climate action, set the tone for the event.The negotiations, which took place from November 11 to 22, were intense and ended almost two full days late, with the approval of a text that caused great disappointment.However, the invitation is not to be blinded by disappointment. As much as we want, demand and hope, the international climate negotiations are not delivering what we so desperately need. Let us look for hope in what is happening and working, such as local, community-led projects and the work of civil society that is not giving up.Here is a review of COP29 based on what was agreed on climate finance and other relevant issues. A new climate finance targetThe mandate was clear: the new target should exceed the previous one of $100 billion per year and respond to the needs and priorities of developing countries. But while developing countries demanded $1.3 trillion per year, the offer was a mere $300 billion (less than a third and just 12% of the global military budget in 2023) by 2035. "Is this a joke?" exclaimed the head of the Bolivian delegation at a press conference.Developing countries also demanded that financing be adequate, i.e. based mainly on public resources, in the form of grants and highly concessional instruments that would not add to the heavy debts they already carry. They also called for the explicit inclusion of loss and damage as one of the objectives of financing (along with mitigation and adaptation), as well as a specific target for adaptation.None of this was achieved. The target was left open to private financing, further diluting the responsibility of developed countries. There was no specific target for adaptation, nor was there any mention of loss and damage. In case there was any doubt, all references to human rights were removed from the final text.The only saving grace was a call to mobilize $1.3 trillion in climate finance annually from a broad base of sources through the so-called Baku-Belem Roadmap, with a view to achieving this goal by 2035. However, this is a "call" and not a binding commitment, the concrete results of which will depend on political will in the coming years. Global stocktaking and gender issuesNo significant progress was made on the results of last year's Global Stocktaking on the implementation of the Paris Agreement, particularly on the transition away from fossil fuels. The issue was deferred to COP30, which will be held next year in the Brazilian city of Belém do Pará.While there has also been insufficient progress on gender issues, some progress should be recognized, such as the extension of the Lima Work Program to 10 years, which lays the groundwork for the development of a Gender Action Plan and provides an opportunity to further deepen the integration of gender into climate action, particularly as countries develop updates to their Nationally Determined Contributions (NDCs).In addition, the text of the NCQG recognizes women as beneficiaries of funds but fails to ensure that the specific circumstances and intersectional discrimination that many women face are addressed. Carbon marketsWhat did see advances during the negotiations were carbon markets, with the approval of the rules for a global market. Carbon markets are trading systems where carbon credits are bought and sold. Each credit represents one ton of CO₂, or its equivalent in other greenhouse gases, removed from the atmosphere. The credits are generated by projects that reduce emissions (such as forest conservation, renewable energy, or energy efficiency). The buyers are polluting companies that want to offset their emissions in order to remain in compliance.The issue has been under discussion for more than a decade due to the difficulty of ensuring the credibility of the system to reduce emissions. Although it is the last outstanding issue of the Paris Agreement, signed more than 10 years ago, civil society is not celebrating. These markets allow companies to continue polluting if they pay for carbon reductions elsewhere in the world. Methane emission reductionsA promising development was the signing of the Declaration on Methane Reduction from Organic Waste by more than 30 countries. The signatories, representing nearly half of global emissions, committed to setting sector-specific methane reduction targets in their future NDCs, underscoring the importance of organic waste management in the fight against climate change. Closing thoughtsIn the end, the results are not surprising. Conventions on climate change are often not much to celebrate, but we must not forget that they are a unique space where all countries sit down to seek consensus to advance a common goal. Its very existence reflects an intention to acknowledge historical responsibilities in favor of justice and a world where we can live together in harmony. It is a platform from which to push, even if it brings more frustration than results.On the other hand, it is very encouraging and motivating to see civil society in action. Hundreds of representatives from different organizations and movements are doing their best to achieve results that reflect the fulfillment of international commitments of developed countries towards their developing counterparts, the climate and the natural balance of our planet.Finally, the side events that take place parallel to the negotiations are a source of inspiration. On the sidelines, without much fanfare, there are people from communities and indigenous peoples who are implementing climate solutions in their territories, with concrete, successful results. These people, like seeds silently germinating, are a powerful source of hope.

November 27 2024 Climate Change, Human Rights, Indigenous Rights

The ABCs of transition minerals and their role in energy production

By Mayela Sánchez, David Cañas and Javier Oviedo* There is no doubt that we need to move away from fossil fuels to address the climate crisis. But what does it mean to switch to other energy sources?To make a battery or a solar panel, raw materials from nature are also used.Some of these raw materials are minerals which, due to their characteristics and in the context of the energy transition, have been descriptively named transition minerals.What are these minerals, where are they found, and how are they used?Below we answer the most important questions about these mineral resources, because it is crucial to know which natural resources will supply the new energy sources, and to ensure that their extraction respects human rights and planetary limits, so that the energy transition is just. What are transition minerals and why are they called that?They are a group of minerals with a high capacity to store and conduct energy. Because of these properties, they are used in the development of renewable energy technologies, such as solar panels, batteries for electric mobility, or wind turbines.They are so called because they are considered essential for the technological development of renewable energy sources, such as those mentioned above. And in the context of the energy transition, energy sources that use these minerals are the most sought-after to replace fossil energy sources.Transition minerals are also often referred to as "critical" minerals because they are considered strategic to the energy transition. The term "critical" refers to elements that are vital to the economy and national security, but whose supply chain is vulnerable to disruption. This means that transition minerals may be strategic minerals, but not critical in terms of security and the economy.However, given the urgency of climate action, some states and international organizations have classified transition minerals as "critical" minerals in order to promote and facilitate access to these raw materials. What are the most important transition minerals?The most important transition minerals are cobalt, copper, graphite, lithium, nickel and rare earth.But there are at least 19 minerals used in various renewable energy technologies: bauxite, cadmium, cobalt, copper, chromium, tin, gallium, germanium, graphite, indium, lithium, manganese, molybdenum, nickel, selenium, silicon, tellurium, titanium, zinc, and the "rare" earth. What are "rare" earth elements and why are they so called?The "rare" earth elements are the 16 chemical elements of the lanthanoid or lanthanide group, plus Ithrium (Y), whose chemical behavior is virtually the same as that of the lanthanoids.They are Scandium, Ithrium, Lanthanum, Cerium, Praseodymium, Neodymium, Samarium, Europium, Gadolinium, Terbium, Dysprosium, Holmium, Erbium, Tullium, Iterbium and Lutetium.They are so called because when they were discovered in the 18th and 19th centuries, they were less well known than other elements considered similar, such as calcium. But the name is now outdated.Nor does the term "rare" refer to their abundance, because although they are not usually concentrated in deposits that can be exploited (so their mines are few), even the less abundant elements in this group are much more common than gold. What are transition minerals used for? What technologies are based on transition minerals?The uses of transition minerals in the technological development of renewable energy sources are diverse:Solar technologies: bauxite, cadmium, tin, germanium, gallium, indium, selenium, silicon, tellurium, zinc.Electrical installations: copper.Wind energy: bauxite, copper, chromium, manganese, molybdenum, rare earths, zinc.Energy storage: bauxite, cobalt, copper, graphite, lithium, manganese, molybdenum, nickel, rare earths, titanium.Batteries: cobalt, graphite, lithium, manganese, nickel, rare earths. In addition, they are used in a variety of modern technologies, for example in the manufacture of displays, cell phones, computer hard drives and LED lights, among others. Where are transition minerals found?The geography of transition minerals is broad, ranging from China to Canada, from the United States to Australia. But their extraction has been concentrated in countries of the global south.Several Latin American countries are among the top producers of various transition minerals. These materials are found in complex areas rich in biological and cultural diversity, such as the Amazon and the Andean wetlands.Argentina: lithiumBrazil: aluminum, bauxite, lithium, manganese, rare earths, titaniumBolivia: lithiumChile: copper, lithium, molybdenumColombia: nickelMexico: copper, tin, molybdenum, zincPeru: tin, molybdenum, zinc How do transition minerals support the energy transition and decarbonization?Transition minerals are seen as indispensable links in the energy transition to decarbonization, i.e. the shift away from fossil energy sources.But the global interest in these materials also raises questions about the benefits and challenges of mining transition minerals.The issue has become so relevant that last September, the United Nations Panel on Critical Minerals for Energy Transition issued a set of recommendations and principles to ensure equitable, fair and sustainable management of these minerals.In addition, as a result of the intensification and expansion of their extraction in countries of the region, the issue was brought before the Inter-American Commission on Human Rights for the first time on November 15.In a public hearing, representatives of communities and organizations from Argentina, Bolivia, Chile and Colombia, as well as regional organizations, presented information and testimonies on the environmental and social impacts of transition mineral mining.Given the current energy transition process, it is necessary to know where the resources that will enable the technologies to achieve this transition will come from.The extraction and use of transition minerals must avoid imposing disproportionate environmental and social costs on local communities and ecosystems. *Mayela Sánchez is a digital community specialist at AIDA; David Cañas and Javier Oviedo are scientific advisors.Sources consulted:-Olivera, B., Tornel, C., Azamar, A., Minerales críticos para la transición energética. Conflictos y alternativas hacia una transformación socioecológica, Heinrich Böll Foundation Mexico City/Engenera/UAM-Unidad Xochimilco.-Science History Institute Museum & Library, “History and Future of Rare Earth Elements”.-FIMA NGO, Narratives on the extraction of critical minerals for the energy transition: Critiques from environmental and territorial justice.-Haxel, Hedrick & Orris, “Rare Earth-Elements. Critical Resources for High Technology,” 2005.-USGS 2014, “The Rare-Earth elements. Vital to modern technology and lifestyle”, 2014.-Final Report for the Inter-American Commission on Human Rights (IACHR) Thematic Hearing: Minerals for Energy Transition and its Impact on Human Rights in the Americas, 2024.