Human Rights

November 07 2025 Climate Change, Human Rights, Mining

Justice for Andean Wetlands and Indigenous Peoples in Climate Action

The growing global demand for transition minerals—including lithium, copper, and nickel—driven by the current energy transition model, but also by the expansion of the digital economy, data infrastructure, and the military and aerospace industries, is causing irreversible ecological damage and violating fundamental human rights across the territories of the Global South. Latin America is the most biodiverse region on the planet and one of the most culturally diverse regions in the world. It is home to numerous Indigenous peoples who inhabit and safeguard these territories.At the same time, the region holds significant mineral deposits, placing it at the center of the growing global interest in mineral extraction. This demand intersects with fragile ecosystems, unique biodiversity and the territories of traditional and Indigenous communities, including the Amazon and the high Andean wetlands, which are crucial for climate adaptation due to their role in water regulation, and in mitigation, as they act as carbon sinks.Intensive mining in these ecosystems exacerbates climate vulnerability and fosters socio-environmental conflicts, compromising the ecological and cultural integrity of these ecosystems and communities. The push to expand extraction contradicts multilateral environmental protection frameworks and the climate and biodiversity commitments adopted by the States Parties. This trend jeopardizes the possibility of a just and equitable transition, reproducing the same patterns of inequality and climate harm that current policies claim to overcome. In this context, the Alliance for Andean Wetlands calls on States Parties to the UNFCCC to ensure: 1. Human rights and justice must be at the center of any transition and of all strategies for climate change adaptation and mitigation, including the rights of communities living in territories where the transition minerals are located.Human rights are essential to ensuring a just, equitable and people-centred process. States must guarantee the right to self-determination of Indigenous peoples, recognized worldwide as guardians of natural systems. This must encompass their right to define their own development priorities and to exercise Free, Prior and Informed Consent (FPIC), as well as the unequivocal obligation of States to respect their decisions, particularly their right to say “no” to projects that threaten their integrity and that of their territories. States must also ensure protection of environmental defenders, and guarantee public access to information, participation and justice on decisions about transitions that might affect the environment and human rights. These guarantees are crucial for the case of so-called transition minerals, like lithium and copper, found in the high Andean wetlands, ecosystems that are fundamental to life, ecological and climate balance, and the livelihoods of the communities that inhabit them. 2. Respect of planetary boundaries and the protection of the integrity of ecosystems, particularly those that play essential roles in climate adaptation and mitigationKeeping ecosystems such as Andean wetlands, which are of high ecosystemic and cultural value, free from high-impact activities is a priority for climate and ecological justice. Because lithium mining is water mining, it drains already scarce water sources and severely affects surrounding ecosystems, leaving lasting environmental damage.To preserve the high Andean wetlands and their contributions on which life in the region and on the planet depends, States must fully respect and comply with international environmental law; adopt and strengthen effective protection measures (including the establishment of “no-go zones”, protected areas, ICCAs); and apply robust and science-based environmental planning instruments that seek to prevent environmental damage (i.e. environmental strategic and cumulative impact assessment, environmental impact assessment).Effective environmental protection also requires up-to-date knowledge of ecosystem structure, functioning, and contributions, developed through collective and democratic processes, integrating traditional knowledge and practices of Indigenous Peoples and local communities. Parties should systematically incorporate scientific advances and traditional knowledge into climate-related decisions, including the design and implementation of their Nationally Determined Contributions (NDCs) and related roadmaps, to ensure commitments reflect the realities of the territories they aim to protect. 3. Support for socio-ecological transitions for the Global SouthCountries in the Global South need enough fiscal and policy space to devise pathways out of fossil fuels that do not reproduce existing asymmetries and inequalities, or further extractivism. This calls for socio-ecological transitions that protect local economies while ensuring economic diversification, energy access, and energy sufficiency, respect for biodiversity, and human rights.These transition paths should be planned, implemented and monitored in a participatory manner, ensuring intersectional, intercultural and intergenerational participation. The Just Transition Work Programme (JTWP) under the UNFCCC provides a crucial space to integrate these concerns into global climate governance. It must ensure that the transition towards decarbonization also addresses material demand, territorial justice, and the rights of affected communities. Incorporating the realities of mineral extraction and socio-ecological transitions from the Global South within this programme is essential to achieve a truly just transition. 4. Traceability of the projections and uses of mineral demand and commitment of Global North countries to rapidly adopt policies aimed at reducing the consumption of primary minerals and energyThe current production and consumption model of industrialized countries disproportionately affects territories in the Global South by exacerbating environmental degradation and the violation of human rights, deepening North– South inequalities. In order to tackle the triple planetary crisis, unsustainable demand for raw materials and energy has to be addressed by binding targets on demand reduction that take into account planetary boundaries. Parties have the opportunity to include them in policy instruments such as Nationally Determined Contributions (NDC) and Long Term Strategies (LTS).These must be implemented through sufficiency and efficiency measures, as well as global and fair circular economy policies. This should involve considering alternatives to mobility beyond individual EVs. 5. Adequate, quality, accessible and additional financial and technical support, based on needs and priorities, so that the energy and socio-ecological transitions of the Global South are truly just and equitableSuch financing must be sustainable in time and of quality, that is, non-debt-creating and aligned with countries’ priorities, and accessible to enable progressive and sustained climate action. It should also address opportunities and conditions for instruments that foster fair transitions, including debt relief mechanisms and debt swaps. Furthermore, it remains important to discourage the use of trade regimes (including ISDS mechanisms) as pressure tools against countries in the Global South when they seek to regulate their mineral resources and establish no-go zones and other safeguards to protect human rights and environmental integrity. 5 humedalesandinos. Download the document

November 07 2025 Climate Change, Human Rights, Mining

Call for a paradigm shift in EU Raw Materials Policies from a Latin American perspective

Pobladores de la aldea de Santa Cruz Chinautla en Guatemala

October 31 2025 Human Rights, Indigenous Rights, Freshwater Sources

Protecting the Environment Through Collaboration: A Community Science Experience

When environmental damage occurs, the first warning often comes from the people or communities directly affected. Residents living near a river are usually the first to notice waste being dumped or fish dying when the water is polluted. Similarly, who live near an open pit mine are the who see when illness becomes more common or when water begins to run scarce.One powerful way to turn lived experience into scientific evidence is through community science. This approach allows people to share, validate, and integrate local knowledge into scientific research and efforts to defend their territories.At AIDA, we believe in the power of science to advance environmental justice. That’s why we generate and apply scientific knowledge in the legal cases we support. Recently, we had the opportunity to take part in a community science initiative that helped us reflect on—and learn from—the value of this collaborative methodology and the shared knowledge it produces. Local Knowledge: A Powerful Response to Environmental Degradation In April 2024, at the request of the Poqomam Maya community of Santa Cruz Chinautla—a village near Guatemala’s capital—AIDA senior scientist Javier Oviedo and attorney Bryslie Cifuentes carried out a field visit to gather information and assess the solid waste pollution that has affected the community for years.One of their main objectives was to identify illegal dump sites on the banks of the Chinautla River. The disposal of waste and debris in this area has contaminated both the soil and waters of this tributary of the Motagua River, the longest river in Guatemala.While preparing for the trip, Javier realized the team would face several challenges. The time available would not be enough to collect all the necessary data, and the team’s limited familiarity with the area could make locating the dumpsites difficult and potentially unsafe.Then Javier had an idea: to involve members of the community in supporting the team with this task.His plan made perfect sense—after all, who better to locate the illegal dumpsites than the people who know the territory best? Beyond that, by witnessing the impacts of pollution firsthand, community members could also appreciate the importance of documenting these issues.I spoke with Javier about how this idea came about, and he shared the following: Beyond seeking support from community members, this approach was rooted in a recognition of the irreplaceable value of their knowledge as residents of their territory. How the Work Was Carried Out Javier’s idea was that, with the help of an accessible and easy-to-use mobile app, community members could send information about illegal landfills directly to the AIDA Science team, who would then validate and analyze the data.To make this possible, the team designed a form specifying the data they needed to collect: the location of the landfill, its dimensions, the type of waste identified, associated social issues, and other relevant details.In Chinautla, two community residents, along with authorities from the Poqomam Maya village, visited several landfills they had previously identified with Javier and Bryslie. During these visits, Javier showed them how to use the app and fill out the form. Later, one of the residents continued the process independently.Thanks to this collaborative effort, data was collected on 10 of the most critical illegal dumpsites. While this does not capture all of them—unfortunately, many more exist—this sample allowed the team to estimate the extent of waste and debris pollution in the community and to illustrate how poor management has exacerbated the problem.The information gathered was crucial in highlighting the severity of the pollution, demonstrating the continued use of illegal dumping, and exposing the municipal authorities’ failure to meet their legal obligations regarding waste management.This evidence formed the basis for the lawsuit the community filed against the municipality of Chinautla in October 2024, citing the lack of measures to address river and soil contamination caused by inadequate waste management and illegal landfills. In June 2025, an appeals court ordered the municipality to take action to address the serious environmental crisis affecting the community. Lessons Learned from the Experience According to Javier, involving the people of Chinautla in a knowledge-building process led to mutual learning.For community members, it meant acquiring new technological skills. For the AIDA team, it prompted new questions about how to move knowledge-sharing with a community beyond simple collaboration.Javier summarized his learnings in three points: At AIDA, science is a core part of our work and a key element of the strategic litigation we pursue to protect and defend a healthy environment across Latin America. Involving the communities we support in this process broadens our perspective, allowing us to integrate their knowledge and experiences into the science we seek to build.

A toolkit for using Advisory Opinion 32/25 in climate justice work

October 29 2025 Climate Change, Human Rights

A Practical Toolkit for Using Advisory Opinion 32/25 in Climate Justice Work

READ AND DOWNLOAD THE TOOLKIT The climate crisis is already affecting people and communities across Latin America and the Caribbean—damaging homes, livelihoods, ecosystems, and the fundamental right to a healthy environment.Advisory Opinion 32/25 of the Inter-American Court of Human Rights is the first of its kind to establish that both States and non-State actors—including companies—have clear and binding legal obligations to confront the causes and consequences of the climate emergency as a human rights issue.The historic interpretation, made public on July 3, 2025, gives human rights and environmental defenders a powerful new tool to demand action and justice.But how can this decision be used in real cases, campaigns, and policies today? A Legal Toolkit for Climate JusticeTo help answer that question, more than 20 experts and organizations—including AIDA—created a new publication analyzing the Court's decision with an emphasis on its practical applications.Climate Justice and Human Rights: Legal Standards and Tools from the Inter-American Court’s Advisory Opinion 32/25 contains 14 briefs, organized into four key areas:Foundational Rights and Knowledge;State and Corporate Obligations;Rights of Affected Peoples and Groups;Environmental Democracy and Remedies. Each brief contains:Context and background to situate the issue.A clear legal analysis of the Court’s key contributions.A critical look at how these standards can be applied in practice.Identification of opportunities to advance advocacy and litigation, as well as the gaps that remain. All content was rigorously peer-reviewed to ensure clarity and accuracy. Why Does This Matter Now?With OC-32/25, advocates and local communities across the region now have:Stronger grounds for litigation—incorporating human rights standards into climate-related cases.Legal leverage for corporate accountability—clarifying businesses’ duties to prevent and remedy harm.Arguments to expand protections for those most affected: children, women, Indigenous Peoples, Afro-descendant communities, and environmental defenders.Policy tools to demand national climate actions aligned with human rights. In a region facing disproportionate climate risks, this decision shifts power toward communities and movements seeking justice.What You Can Do With This ToolkitThis publication is a tool to facilitate understanding of the Court's decision and promote concrete legal and political actions to protect communities and ecosystems from the climate emergency.It is addressed to individuals, communities, organizations, and networks working on the climate crisis and human rights issues, providing them with standards and practical recommendations to strengthen their litigation and advocacy strategies and efforts.In short, it's designed to help you incorporate strong legal arguments your work, including:Shaping urgent protection actions for frontline communities.Strengthening advocacy campaigns with legal backing.Informing climate legislation and public policy debates.Supporting community-led demands for adaptation and resilience.Integrating human rights standards into strategic litigation. Whether you are a lawyer, organizer, community leader, or policymaker—this toolkit can help you to turn legal standards into real protection and accountability. A Call to ActionLatin America has contributed least to global emissions but is among the most impacted by climate harms. OC-32/25 opens a new chapter: one where the defense of human rights is also the defense of our climate.Now is the time to use this decision to advance justice across the region.Together, we can transform this legal milestone into tangible protections for the people and places who need them most. READ AND DOWNLOAD THE TOOLKIT

October 27 2025 Climate Change, Human Rights

Climate Justice and Human Rights: Legal Standards and Tools from the Inter-American Court’s Advisory Opinion 32/25

On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) delivered its Advisory Opinion OC-32/25 on Climate Emergency and Human Rights (Advisory Opinion), marking a historic legal and political milestone in the global fight for climate justice. It is the first advisory opinion issued by an international court to find that both States and non-State actors, such as business enterprises, have obligations rooted in international human rights law to address the causes and consequences of the climate emergency.The Court articulates clear and binding obligations to act urgently in protecting the global climate system, preventing human rights violations resulting from its alteration, and securing climate reparations. The Advisory Opinion will guide climate litigation in local, regional, and national courts, and provide a foundation for climate policymaking, grounding local legislation and global negotiations not in voluntary commitments, but in legal duties. It will also serve as a testament to the lived experiences and expertise of those on the frontlines of climate harm and at the forefront of climate justice, affirming the peril that climate change represents for human rights and the promise of human rights-based climate action and remedy.This Advisory Opinion is not an isolated development but rather part of an unprecedented global movement for climate justice. It stands alongside the recent climate advisory opinions of the International Tribunal for the Law of the Sea (ITLOS) and the International Court of Justice (ICJ), and may be joined by one from the African Court on Human and Peoples’ Rights (AfCHPR) in the near future. Together, these proceedings mark a decisive moment in consolidating a more comprehensive and human rights-based legal framework to confront the climate emergency— what the IACtHR deems an exceptional threat that endangers life on the planet and severely undermines the enjoyment of human rights. Moreover, these advisory opinions may help cut through the political inertia that has long stalled progress in international climate negotiations and national climate policymaking. This publication compiles fourteen thematic documents developed through the collaborative efforts of a coalition of environmental, human rights, and academic organizations, alongside experts who have actively participated in the advisory proceedings from the outset. The topics reflect the main thematic areas articulated by the Court in the Advisory Opinion and are organized into four sections: (i) Foundational Rights and Knowledge; (ii) State and Corporate Obligations; (iii) The Rights of Affected Peoples and Groups; and (iv) Environmental Democracy and Remedies.Each brief was prepared by a lead organization and subjected to rigorous peer review to ensure accuracy and consistency. Together, they provide an in-depth analysis of the Advisory Opinion’s key contributions, its legal and practical implications, and the gaps and opportunities this landmark decision presents across the selected thematic areas. They also present arguments, standards, and practical recommendations aimed at strengthening climate litigation and advocacy strategies.This series serves as a resource for legal and advocacy networks, enhancing understanding of the scope of the Court’s decision and encouraging legal and political action to advance the structural changes necessary for communities and ecosystems to achieve climate justice.Read and download the publication

La laguna congelada en el Desierto de Atacama, Chile

September 04 2025 Climate Change, Human Rights, Indigenous Rights

New European Union policies for mineral supply: What are the implications for Latin America?

Amid the global race for minerals for the energy transition, digitalization, and the defense and aerospace industries, the European Union (EU) has adopted an industrial policy to secure its access to "critical" raw materials, including lithium. According to the Economic Commission for Latin America and the Caribbean, 25 of the 34 raw materials the EU considers essential are found in Latin America's indigenous territories and strategic ecosystems. Civil society warns that the Critical Raw Materials Act (CRMA) and other recent policies aimed at deregulation and promoting the defense sector (Omnibus I and II) could deepen historical inequalities between Europe and Latin America.In this webinar, we addressed the threats to Latin America by the European Union's new policies and what the region's states and civil society can do to address them. To this end, we focused on the significance of the "strategic partnerships" that the EU has signed with Chile and Argentina, and explained what the so-called "strategic projects" that the EU intends to consolidate at the global level to maintain the flow of minerals from South to North consist of. Indigenous leaders denounced how excessive water use in lithium mining has already degraded Andean wetlands and caused the loss of biodiversity and culture.In this session, we debated the justice of the "European green transition," which, in the name of decarbonization, threatens to open up new sacrifice zones in the Global South, while erasing ancient knowledge and causing irreversible damage to carbon sinks that are essential for tackling the climate crisis. PanelAlejandro González, Senior Researcher and Advocate in SOMO's Climate Justice team and member of the EU Raw Materials Coalition.Pía Marchegiani, Deputy Executive Director and Director of the Environmental Policy area of the Environment and Natural Resources Foundation (FARN).Joám Evans Pim, Coordinator of the Confederal Mining Area at Ecologistas en Acción and Director of the Montescola Foundation.Ramón Balcázar, Director of the Tantí Foundation.Román Elías Guitián, Community Atacameños del Altiplano, Argentina.Moderator: Yeny Rodríguez, Senior Attorney and Area Coordinator, Interamerican Association for Environmental Defense (AIDA). Recording (in Spanish)

Un grupo de vicuñas bebe agua de un manantial en un paisaje de los Andes chilenos.

August 21 2025 Climate Change, Human Rights, Indigenous Rights

Circular economy: what is it and what role does it play regarding the climate crisis and energy transition?

Life on the planet, including our own, depends on nature.To create more sustainable ways of life and keep global warming under control, we need to ensure healthy, resilient, and productive ecosystems.The climate crisis, as well as the pollution and biodiversity loss crises, stem from human activities that exploit nature beyond its limits, without giving it a chance to recover, degrading ecosystems and pushing them to points of “no return.”These activities are based on the conventional economic model, which is linear and follows the logic of extracting, producing, using, and discarding resources.A more sustainable use of natural resources requires a different economic model.One option among many is the circular economy, an economic model of production and consumption traditionally described as a combination of reduction, reuse, and recycling activities.However, most current approaches to the circular economy, incorporated into various public policies, focus on extending the life cycle of products that have already been manufactured. They do not comprehensively incorporate the processes of extracting the materials needed to manufacture the products or their final disposal. This considerably reduces the protection of nature and territories during the economic cycle.That is why it is important to understand what the circular economy is and what it should include, in theory and in practice, so that it can truly contribute to a more sustainable and fair world. Circular economy: Definition and challengesAs an alternative to the linear economic system, the circular economy involves closing the economic cycle through various mechanisms. These include reducing the use of virgin natural resources, increasing the use of recycled materials, and minimizing waste through the repair and reuse of products, keeping them in circulation for as long as possible.It also means creating additional value for products whose useful life has ended when their materials are used again and again. In the face of our continued and unsustainable use of resources, the concept of the circular economy is becoming increasingly prevalent in different areas.Although it is a living and evolving concept, when it becomes public policy, most definitions of the circular economy consider its main objective to be economic prosperity, with environmental care as a secondary result.In 2020, a legal definition of the circular economy in the European Union considered it to be “aneconomic system whereby the value of products, materials and other resources in the economy is maintained for as long as possible, enhancing their efficient use in production and consumption, thereby reducing the environmental impact of their use, minimising waste and the release of hazardous substances at all stages of their life cycle” …This and other definitions show that the positive effects of the circular economy on nature tend to be taken for granted, when certain theories or practices associated with the concept may actually hinder the protection of ecosystems and the people who depend on them.This is happening with the type of circular economy promoted to make extractive processes linked to the energy transition, designed to address the climate crisis, environmentally friendly. Circular economy and energy transitionHistorically, extractive activities such as mining have degraded ecosystems and violated human rights in Latin America, creating so-called “sacrifice zones.”Today, to address the climate crisis, several international organizations have positioned an energy transition that requires doubling the production of renewable energies and electromobility to decarbonize the global energy matrix.This also implies intensifying the extraction of so-called "critical" minerals for the development of clean technologies. One of these is lithium, a mineral of which the region has large reserves.Thus, far from putting an end to it, the energy transition promoted by the Global North is renewing the historical extractivist trend, generating great pressure on Latin American territories rich in minerals for the transition, affecting ecosystems and populations near extraction areas.In this context, the circular economy is promoted as a tool to make mining an environmentally responsible process. However, international proposals in this regard do not guarantee the resilience of ecosystems or the well-being of communities.This is evident in countries such as Argentina, Bolivia, and Chile due to the growing global demand for minerals such as lithium.Currently, the circular economy applied to mining in Latin America focuses on the internal processes of mining companies, but not on the consequences that their interactions with ecosystems and communities generate in the extraction territories, without stopping the expansion of extractivism or the high socio-environmental impacts caused.Obtaining lithium for electromobility, for example, involves a complex, transnational supply chain. This includes mineral extraction, refining, the production of electrodes for batteries, battery manufacturing, and finally, the manufacture of electric vehicles.From a global northern perspective, the circular economy is mainly applied here to battery recycling and industrial improvements for mining. However, it does not include measures to protect the biophysical limits and resilience of the ecosystems where lithium is extracted, ensure environmental restoration, prevent damage to local economies, guarantee human rights, and repair those that have already been violated. Proposals from Latin America for a just circular economyTo ensure that the energy transition does not become a new extractive process that generates the same conflicts and environmental impacts that it has systematically caused and that are precursors to the current climate crisis, it is essential that the circular economy comprehensively integrates the mineral extraction territories.Circular economy schemes must avoid the creation, expansion, and/or deepening of “sacrifice zones.” They must also recognize the strategic value of ecosystems as natural capital for countries and communities, given the ecosystem functions they provide, including freshwater supply and carbon capture.To move towards a just circular economy in the extraction territories, the following principles must be respected:Protection of the human rights of local populations, guaranteeing their permanence in the territory and the continuity of their economic activities, linked to their livelihoods and their relationship with ecosystems.Promotion of environmental balance in accordance with the biophysical limits of ecosystems, recognizing their intrinsic values, which favor the conservation of their functions.Internalization of environmental costs in mineral value chains, incorporating the value of ecosystem services used for extraction into prices.Learn more in our policy brief Reimagining the circular economy from the extraction territories. Proposals from Latin America.

Paisaje con río y nevado de fondo en Neuquén, Argentina

July 23 2025 Human Rights, Indigenous Rights, Fracking

Mapuche defend against extractive industry and forced evictions from ancestral lands in Argentina

Mapuche communities urge Inter-American Commission on Human Rights to further investigate abuses at nexus of extractive industry and land dispossession.Río Negro, Neuquén, Mendoza, Argentina - Organizations of the Indigenous Mapuche People addressed the urgent situation arising from conflicts with extractive projects on Indigenous land in Argentina in a public hearing before the Inter-American Commission on Human Rights today. The human rights body of the Organization of American States heard testimony of those impacted by mining, oil, and gas projects that have been compounded by the lack of territorial recognition, ongoing evictions, and the criminalization of indigenous communities."The rapid expansion of extractive projects across ancestral Mapuche territories in Argentina is driving the eviction of our communities as projects proceed without their free, prior, and informed consent," emphasized Mirta Ñancunao y Hugo Aranea, werken (spokespeople) of the Mapuche-Tehuelche Parliament of Río Negro. This includes new mining projects across 1,800 square kilometers in Malargüe, oil and gas developments stretching 600 kilometers along the Vaca Muerta shale formation in Neuquén, and at least 53 new mining and energy projects in Río Negro, particularly in the Calcatreu open-pit gold and silver mining project, which threatens nearby water sources."The exploitation of natural resources has been accompanied by the intention to vacate traditional territories," said Lorena Bravo of the Mapuche Federation of Neuquen, Xaunko Regional Council. "The evictions have direct consequences including preventing the use of and access to land, sacred sites, impacts to health, access to water, impacting indigenous economies and traditional practices."Gabriel Jofré, werken of the Malalweche Organization, asserted that the "advance of extractive companies into the traditional territory of Mapuche communities is predicated on the lack of effective state recognition of Mapuche communities." He emphasized that the state has dismantled the processes used by Mapuche communities to assert their territorial rights, including the recognition of their legal status. Jofré also noted that the national government rolled back protections in Law 26.160, which had suspended evictions of recognized indigenous communities."The advance of land extraction is not possible without installing a racist and discriminatory discourse," which Jofre maintains endangers human rights and environmental defenders. Both national and provincial politicians have fueled racist and hateful discourses against Mapuche communities, labeling them "terrorists" and denying their Indigenous identities. This rhetoric has further stigmatized Indigenous defenders and increased the risks they face for engaging in rights advocacy.The communities urged the Commission to further investigate human rights violations occurring at the intersection of extractive industry expansion and the dispossession of Mapuche communities from their ancestral lands. In December 2024, the Commission issued a public statement calling on Argentina to respect the land rights of Indigenous Peoples.Organizations participating in the hearing included the Malalweche Organization from Mendoza, The Mapuche Confederation of Neuquén, and the Coordination of Mapuche Parlement of Río Negro, with support from the Observatory on the Human Rights of Indigenous Peoples, and the Interamerican Association for Environmental Defense. Earthjustice has partnered with the Malalweche Organization in defending territorial rights of the Mapuche people since 2022.Entre las organizaciones que participaron en la audiencia se encuentran la Organización Malalweche de Mendoza, la Confederación Mapuche de Neuquén y la Coordinadora del Parlamento Mapuche de Río Negro, con el apoyo del Observatorio de Derechos Humanos de Pueblos Indígenas, la Asamblea Permanente por los Derechos Humanos (APDH), la Asociación Interamericana para la Defensa del Ambiente (AIDA) y Earthjustice.Press contactVíctor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107

Salar de Pastos Grandes en Potosí, Bolivia

July 22 2025 Climate Change, Human Rights, Indigenous Rights

Human rights and the rights of nature in the governance of minerals for the energy transition

A reading of Advisory Opinion 32 of the Inter-American Court of Human Rights by the Andean Wetlands Alliance The Inter-American Court of Human Rights (IACHR) outlined in its Advisory Opinion No. 32 (OC-32), released on July 3, 2025, how human rights must be upheld in the face of the climate emergency. The Court also recognized the rights of nature and the responsibilities of States and companies regarding climate change. This advisory opinion followed more than 150 oral interventions and over 260 written submissions—including those from organizations that are part of the Andean Wetlands Alliance.This pronouncement sets a course for protecting valuable ecosystems and the rights of people in Latin America, a region deeply affected due to its significant reserves of minerals increasingly in demand for the global energy transition.Human rights and "critical" mineralsThe IACHR, a central institution in setting human rights standards for Latin America and the Caribbean, provided through OC-32 a set of tools for moving toward policies grounded in equity and justice. These tools align with the principles put forward by the UN Secretary-General in relation to the minerals value chain for the energy transition.Minerals such as lithium and copper are at the heart of current energy transformation policies due to their value for battery manufacturing. This value chain begins in territories such as the high Andean wetlands of Argentina, Bolivia, and Chile, with the exploration and extraction of mineral deposits. It continues with their processing and refining in specialized facilities for the production of cells, which are later integrated into batteries that power a range of devices—mainly individual electric vehicles.The Court placed special emphasis on the protection of human rights during the extraction of so-called “rare or critical” minerals for the energy transition, which make up the first links in this value chain. This directly reflects Principle 1 of the 2024 Report of the UN Secretary-General’s Panel on Critical Minerals for the Energy Transition and offers a key legal instrument for protecting human rights in Latin American countries. It also outlines essential elements for respecting the integrity of ecosystems (Principle 2) from the most biodiverse region on the planet, as well as advancing justice and equity (Principle 3), transparency and accountability (Principle 6), and strengthened multilateral cooperation (Principle 7).Rights of Nature in a Megadiverse RegionAmong its conclusions, the Court recognizes the rights of nature, referring to the need to preserve its essential ecological processes. This contributes to consolidating a development model that respects planetary boundaries and ensures the availability of vital resources for present and future generations.This recognition is especially critical in Latin America, one of the most biodiverse regions in the world. It holds 50% of the planet’s biodiversity in ecosystems such as wetlands and tropical forests—especially the Amazon. It is home to 12 of the 14 terrestrial biomes and is a key epicenter for nature’s contributions to people.These issues are particularly relevant for a region whose historical role as a provider of natural resources has helped build the global economy, yet at great cost—causing severe ecosystem damage and violating community rights. The protection of nature’s rights provides a central tool for managing the mineral wealth essential for the energy transition, especially given that the region holds more than 50% of the world’s lithium reserves and 40% of its copper reserves.Latin America is also one of the most culturally diverse regions: approximately 54.8 million Indigenous peoples live across its territories, representing 8.5% of the total population—the highest global proportion relative to total population—and occupying over 20% of the land.OC-32 particularly highlights the role of communities in preserving ecosystems and a healthy climate, free from human interference. It acknowledges the importance of local, traditional, and Indigenous knowledge for informed decision-making and cultural preservation. This approach empowers local and Indigenous communities—long-standing guardians of ecosystems who possess deep traditional knowledge—yet who are often excluded from decision-making processes and denied their rights to free, prior, and informed consultation and participation.The right to a healthy climate: Promising newsOC-32 recognizes the right to a healthy climate as part of the broader right to a healthy environment, free from human interference. States are thus required to prevent any irreversible harm to the planet’s ecological balance and exercise heightened due diligence—taking into account the degree of potential harm, the best available science, and the specific vulnerabilities of at-risk groups, without creating or exacerbating such vulnerabilities.In their mitigation strategies, States must prioritize both people and ecosystems—particularly those that play a vital role in regulating the Earth’s climate systems and natural cycles.In this regard, the Court’s acknowledgment of the Andean wetlands of Argentina, Bolivia, and Chile is especially significant. These ecosystems contribute to climate adaptation through water regulation. They also have the capacity to mitigate climate change by acting as carbon sinks: studies have recorded significant levels of carbon dioxide absorption through their vegetation and extremophile microorganisms.Ironically, these very wetlands are now under threat from the expansion of mining for the energy transition.Corporate Obligations on Human RightsOC-32 makes it clear that, in addition to States, companies also bear obligations concerning the climate emergency and its impact on human rights. The Court calls on States to regulate and oversee corporate due diligence across the entire value chain, in accordance with the UN Guiding Principles on Business and Human Rights (UNGPs). These obligations include identifying, preventing, mitigating, and accounting for business-related impacts on the environment, climate, and human rights. These are non-transferable obligations—they cannot be outsourced to third parties, such as certification bodies. The advisory opinion also calls for the avoidance of greenwashing and undue influence from third-party actors in corporate decision-making.A perspective on Advisory Opinion 32 from the Andean wetlandsSpanning more than 200 pages, OC-32 provides tools to ensure the protection of human rights throughout the mineral value chain, as well as the integrity of ecosystems, from a Latin American perspective. It also promotes implementation of the UN Secretary-General’s Panel principles on critical minerals for the energy transition.No less important, it upholds the interdependence of democracy, the rule of law, and human rights protection within the Inter-American system, and strengthens the role of access rights and the protection of human rights, environmental, and climate defenders, in accordance with the Escazú Agreement. This recognition is especially crucial for the most dangerous region in the world for defending nature.In a context of climate denialism, fueled by political leaderships that reject humanity’s role in the climate crisis, OC-32 stands as a vital roadmap to urge States to meet their climate commitments through a human rights-based approach.From the Andean Wetlands Alliance, we view this opinion with hope—as a key tool to help ensure the rights of those who have inhabited these wetlands for generations and to protect these vital ecosystems. Reactions from Members of the Andean Wetlands Alliance to Advisory Opinion No. 32 of the Inter-American CourtPía Marchegiani, Deputy Executive Director, Fundación Ambiente y Recursos Naturales (Argentina):"In a context where discussions on critical minerals are increasingly shaped by security and military interests, and unilateral or bilateral agendas from the Global North seek to control mineral supply chains, the Inter-American Court has taken a clear, strategic step in defining how the balance must be struck: placing human rights and nature at the center. Only in this way can we move forward toward justice and equity, as proposed by the UN Secretary-General’s Panel on Critical Minerals."Ricardo Frez, Director, ONG Defensa Ambiental (Chile):"This unprecedented recognition of nature as a rights-bearing subject marks a shift toward ecocentric approaches in international human rights law. It is especially significant amid the growing—and often irreversible—impacts of mining for critical minerals like lithium and copper in the Global South. The Court affirms the autonomous protection of nature, not only as a means to secure human rights, but as an end in itself. It reinforces States’ obligations to prevent irreparable climate and environmental damage. In a context where the energy transition risks replicating extractivist models, this advisory opinion provides crucial normative tools to defend territories and life."Vivian Lagrava Flores, Empodérate, Human Rights Collective (Bolivia):"Although communities may not be familiar with technical terms like climate, energy transition, and so on, they have welcomed with hope the fact that Advisory Opinion 32/25 places greater obligations on States. Laws, constitutions, and human rights standards are being ignored, while all kinds of impacts are overlooked. Wetlands—especially freshwater bofedales—are nature’s miracle that sustains our way of life and are essential for mitigating climate change. Yet they are being destroyed by extractivism. The Bolivian State must grasp the magnitude of its obligations."Ezio Costa Cordella, FIMA NGO (Chile):"The concept of a just transition appears in several parts of the advisory opinion issued by the Inter-American Court of Human Rights. There is a specific and explicit mention of this type of transition, and the Court refers to the obligation of States to uphold this principle when developing climate policies and strategies. This means they must avoid deepening situations of multidimensional poverty and instead assess how a transition will affect a given territory and the people who live there—including, of course, the workers in industries undergoing change. In this sense, it is important to understand that the ecological transition is not limited to policy measures; it also concerns how a range of social systems, including those of production and consumption, will adapt to the new climate and environmental reality. In this process—from the present state of affairs to what will emerge as a result of this new environmental condition—we must ensure that no further violations of human rights occur. On the contrary, we should create conditions that lead to better protection and fairer distribution of those rights."Oscar Campanini, CEDIB (Bolivia):"The advisory opinion of the Inter-American Court is an enormously important reinforcement of civil society’s defense of the environment, water, Indigenous peoples’ territories, and life itself—a defense that benefits not just specific groups but is, in fact, the only way to ensure our survival as a species. In the case of the high Andean plateau, this opinion supports the struggles of communities defending water and wetlands against growing pressure from critical mineral extraction projects such as lithium."Verónica Gostissa, Asamblea PUCARÁ (Argentina):"We are at a turning point for climate justice and human rights. The Inter-American Court now recognizes the autonomous right to a healthy climate. In regions like northwest Argentina—where ecosystems of high ecological value, such as high Andean wetlands, coexist with intense extractive pressures from lithium mining—this decision directly challenges the current mining and energy model. This legal milestone reinforces a truth that communities and peoples have long upheld: if it dries up rivers, it’s not an energy transition. And there can be no true transition without environmental justice."Paulina González Quiroga, Fundación Tantí (Chile):"We deeply value the statement issued by the Inter-American Court at a strategic moment for our bodies and territories, especially for those of us living in the Global South—in the highland and coastal desert regions of Chile. This is a mining and productive zone where both continental and marine waters are being affected by the entire value chain operating in the area. In our territory, marked by a history of environmental sacrifice, there is no real transition. On the contrary, the same communities and ecosystems are now facing an intensification of extractivist practices—now labeled ‘green.’ We are witnessing an unimaginable increase in the impacts on our high Andean and marine ecosystems, and on the ways of life that exist here. In this context, the Court’s opinion will be crucial in strengthening the legal defense of our territories in various processes of Indigenous consultation and environmental justice that are already underway and will undoubtedly continue within the framework of these policies." Yeny Rodríguez, senior attorney and Line Coordinator, Interamerican Association for Environmental Defense (AIDA)"The Advisory Opinion No. 32 of the Inter-American Court recognizes the high degree of vulnerability and risk in which strategic ecosystems in Latin America are found for the water cycle and climate, such as the Andean salt flats, and sends a very clear message to the governments of the region and to the companies operating in our territories: in application of enhanced due diligence, they must avoid mining activities that could generate irreversible damage to ecosystems and aggravate the situation of vulnerability of indigenous peoples or communities at risk."

Corte Interamericana hace pública su Opinión Consultiva 32 sobre emergencia climática

July 17 2025 Climate Change, Human Rights

Climate Justice in the Courtroom: The impact of the Advisory Opinion from the Inter-American Court

In a landmark ruling published on July 3, 2025, the Inter-American Court of Human Rights issued its Advisory Opinion No. 32, taking a historic step toward strengthening global climate accountability. For the first time, a regional human rights tribunal has clearly articulated the legal obligations of States in response to the climate crisis—establishing legal standards that governments across the Americas must meet to protect human rights and the environment.The Court recognized the existence of an autonomous human right to a healthy climate, derived from the right to a healthy environment. The opinion affirms that States have binding legal obligations to address the climate emergency as a human rights issue, in line with domestic legislation and international treaties.This decision is expected to catalyze a new wave of strategic climate litigation, strengthen previous decisions, such as that of the International Tribunal for the Law of the Sea, and serve as a key reference for the forthcoming advisory opinion of the International Court of Justice.In this webinar, we analyzed the legal significance and practical implications of Advisory Opinion No. 32. Together with regional experts and movement leaders, we explored how the Court’s decision can guide climate action, strengthen legal tools to protect people and nature, and help deliver justice to affected communities across Latin America and beyond. PanelAstrid Puentes, UN Special Rapporteur for the human right to a clean, healthy and sustainable environment.Javier Palummo, Rapporteur on Economic, Social, Cultural, and Environmental Rights, IACHR.Catalina Fernández, Head of the Department of Multilateral Systems for the Protection of Human Rights and Bilateral Affairs, Chile's Ministry of Foreign Affairs.Nora Cabrera Velasco, director of Nuestro Futuro.Fábio Ishisaki, public policy advisor to the Observatório do Clima.Moderator: Marcella Ribeiro, AIDA. Recording