Human Rights

Tunuyán, Mendoza, Argentina
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.  

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Lake Titicaca in Peru
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   

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Salar del Hombre Muerto, Argentina
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

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Cosecha de sal en el Salar de Uyuni, Bolivia
Climate Change, Human Rights, Freshwater Sources

Organizations and communities alert to human rights impacts of mineral extraction for the energy transition

A public hearing before the Inter-American Commission on Human Rights will focus on the impact of the expansion and intensification of extractive operations for transition minerals like lithium and copper on communities in Latin America. Washington DC. On November 15, at a public hearing before the Inter-American Commission on Human Rights, representatives of national and regional organizations, as well as members of communities and indigenous peoples, will present updated information on how the exponential increase in the demand for and extraction of transition minerals has caused serious human rights violations as part of a transition process that is proposed only as a change in the energy matrix and is incapable of addressing inequalities in energy production and consumption, particularly in the Global South.Transition minerals like lithium, copper, cadmium, and cobalt—also called “critical” minerals—have been proposed in many global discussions as one of the main solutions to the climate crisis, as they are used in the development of technologies for the production of renewable energy, thus reducing or replacing the use of fossil fuels. A large part of these minerals are located in Latin America, in areas of great biocultural diversity.At the hearing, participants will present the main threats that mining for energy transition poses to the rights of indigenous peoples and local communities, the right to a healthy environment, access to environmental information, citizen participation, and justice. In addition, concrete cases of human rights violations in the context of mining for energy transition will be presented through testimonies.These impacts are already occurring in countries such as Argentina, Bolivia and Chile, which concentrate about 53 percent of the world's known lithium deposits in their Andean wetlands, extremely fragile ecosystems confronting water scarcity; in Chile and Peru, where 40 percent of the world’s copper is mined; and in the Colombian Amazon, where concessions, mining claims and illegal extraction of transition minerals are violating the rights of indigenous peoples.Several international organizations have spoken out about human rights abuses related to climate crisis response, particularly energy transition processes. In September, the UN Panel on Critical Minerals for Energy Transition issued a set of recommendations and voluntary principles for governments, industry and other stakeholders to ensure equitable, fair and sustainable management of these minerals. These guidelines aim to ensure that the transition to renewable energy is based on fairness and equity, and that it promotes sustainable development, respect for people, and environmental protection in developing countries.The hearing will take place during the 191st period of sessions of the Inter-American Commission. It was requested by the Due Process of Law Foundation (DPLF), the Gaia Amazonas Foundation and the organizations that are members of the the Alliance for Andean Wetlands (Alianza por los Humedales Andinos): the Interamerican Association for Environmental Defense (AIDA), a regional organization; the Fundación Ambiente y Recursos Naturales (FARN) and the PUCARÁ Assembly, of Argentina; the Centro de Documentación e Información Bolivia (CEDIB) and the Colectivo de Derechos Humanos Empodérate, of Bolivia; ONG FIMA, Defensa Ambiental and Fundación Tantí, of Chile.The hearing will be held from 9:00 a.m. to 10:30 a.m. (Washington DC time) and will be broadcast via Zoom, which requires prior registration at the following link: https://www.zoomgov.com/webinar/register/WN_dsEZdrDqSyOA8-i7ikveJQ#/registration. Quotes from representatives of organizations and communities Verónica Chávez, representative of the communities of Salinas Grandes and Laguna de Guayatayoc, Argentina:"All of us who are part of the Salinas Grande watershed are living a situation in which our rights are being affected. We hope that the IACHR can resolve this situation because it is very serious; they are damaging our territories, living beings, and nature itself." Liliana Ávila, director of the Human Rights and Environment Program at the Interamerican Association for Environmental Defense (AIDA):"The energy transition in our countries should be an opportunity to move towards more just and equitable energy production and distribution processes. The human rights framework and the role of the international protection system are fundamental in this regard. It is very important that the Inter-American Commission closely follows this process and promotes the protection of human rights." Verónica Gostissa, attorney with Asamblea Pucará of Catamarca, Argentina:"In our territory, the province of Catamarca, Argentina, we are living a serious violation of our rights, which is reflected first and foremost in the visible environmental impacts. Since 1997, lithium mining has caused significant environmental damage, including the drying up of a branch of the Trapiche River, a damage that persists to this day. Water continues to be taken from this damaged river, despite recognition of the damage by the company and government authorities. Access to public information, participation and consultation, and access to justice are also affected. For years, extractive projects have been approved without adequate procedures, and although a lawsuit filed by the Atacameños del Altiplano indigenous community resulted in a regulation, it does not meet the standards for effective indigenous consultation. In addition, more than 10 lithium projects are being developed in the same territory, the Salar del Hombre Muerto, without any cumulative and comprehensive impact assessment to date." Vivian Lagrava Flores, coordinator of the Colectivo de Derechos Humanos Empodérate, Bolivia:"Indigenous communities reject mining projects, they can even issue their resolutions and say no in the mining consultation process, but their decisions are not binding for governments. International standards are not respected, and the subjugation of territories and the imposition of mining rights are legitimized with discourses of progress and development, but it is not development from the vision of the indigenous peoples, nor from ours." Lady Sandón, representative of the Environment Unit of the Consejo de Pueblos Atacameños, Chile:"There is a lot of ignorance of the law for the native/indigenous people, which favors the state, and that is why the inhabitants of the land, by not knowing, do not enforce their guarantees. The state institutions violate the social, environmental, and cultural aspects; sometimes they use the indigenous people themselves to create divisions and to have supporters or political and mining operators who promote the change of the thinking of the genetic memory that we have as native people. I hope that we can revisit the situation of ancestral indigenous justice as a mechanism that previously established corrections so that the values and principles of ‘Buen Vivir’ are respected." Daniel Cerqueira, program director of the Due Process of Law Foundation (DPLF):"This hearing is an opportunity for the Inter-American Commission to clarify the parameters of action for both States and companies in the management of transition minerals. It is imperative to have specific obligations in this area, as human rights violations resulting from the extraction of these minerals are a reality that tends to worsen in several countries in the region." Juan Sebastian Anaya, advocacy advisor at the Gaia Amazonas Foundation (Colombia):"The indigenous governments of the Amazon exercise their territorial and environmental authority in accordance with the Law of Origin, which guides their knowledge systems and principles of relationship with the elements of the territory, such as minerals. The decarbonization of the energy matrix to maintain consumption standards in the global north should not be done at the expense of indigenous territories and the communities that protect them, govern them and make them flourish with their daily practices."Press contactsVíctor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107Rocío Wischñevsky (Argentina), FARN, [email protected], +54 91159518538 Karen Arita (Mexico), DPLF, [email protected], +52 442 471 9626 

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Defender la biodiversidad del océano es defender el bienestar humano
Coral reefs, Climate Change, Toxic Pollution

To defend the ocean's biodiversity is to defend human well-being

Statement by civil society organizations at COP16 of the Convention on Biological Diversity (CBD) The ocean is one of the world's main reserves of biodiversity, as well as a source of food, renewable energy and our main ally in combating the global climate crisis. Human populations, in addition to having their livelihoods in the ocean, maintain cultural connections around the ocean that define their past, present and future. However, this immense source of life continues to suffer increasingly significant damage and impacts, while efforts to protect and restore it are not increasing at the same rate.The intrinsic connection between ocean and climate itself embraces the balance of the planet. On the one hand, the ocean regulates weather patterns and, on the other, its characteristics are seriously altered by the climate crisis. The main indicators of these changes are the increase in temperature and sea level, acidification, deoxygenation, modifications in ocean currents, and a greater intensity of hurricanes and meteorological events. This affects marine biodiversity, causing the loss of particularly vulnerable species and habitat fragmentation. Coral bleaching associated with changes in climate, for example, alters the dynamics of many other species that depend on them, generating consequences for tourism, fisheries, climate resilience and biodiversity, as well as socioeconomic and cultural impacts.Overfishing puts commercial target species and coastal-marine ecosystems in general at risk. Some of the fishing practices of greatest concern are the extraction of vulnerable or endangered species; the non-compliance with or non-existence of closed fishing areas, the demarcation of fishing zones, permitted sizes and volumes; as well as the abandonment of fishing gear, which contributes to the problem of marine debris and causes the death of many animals that are trapped in them. Intensive aquaculture, such as salmon farming, directly destroys the marine ecosystem through contamination due to the constant incorporation of nutrients and the high use of antibiotics, producing anoxia and harmful algae blooms.Marine pollution from land-based sources continues to be a major stress factor for the marine environment and poses particularly serious problems in developing countries, where integrated waste management is extremely deficient. This has resulted in the introduction of polluting substances and materials into the ocean (untreated sewage, solid waste, including plastics, and agricultural runoff), causing changes in the quality conditions of the water column and sediments, often fatal to marine biodiversity and affecting human health.Likewise, maritime sources of pollutants require particular attention, as the ocean is the main means of transporting goods globally. Maritime traffic involves the transport of substances harmful to the marine environment - such as hydrocarbons, toxic chemicals, sewage, ballast water, garbage, and other hazardous substances - that are discharged into the sea in routine operational tasks and in maritime incidents. Hydrocarbons pose a particularly complex problem because they are not only transported as cargo but are also used to propel ships, thus representing a latent risk scenario with impacts on air quality due to atmospheric emissions of carbon dioxide, nitrogen oxides, sulfur oxides and methane, mainly in ships that use liquefied natural gas (LNG) for propulsion. In addition, the negative impact on marine fauna of collisions with ships and underwater noise from various sources cannot be ruled out; these factors still lack sufficient and effective public policies and regulations.Additionally, oil spills in the marine environment cause suffocation and intoxication of marine species, bioaccumulation of harmful substances, and even the functional destruction of important habitats. These impacts in turn affect relevant social and economic activities - such as shipping, fishing, tourism, and port activities - as well as endangering the health and the right to a healthy environment of coastal communities. Spills from offshore oil and gas exploration and exploitation are not adequately controlled and regulated by governments, being authorized activities in the vicinity of vulnerable areas such as coral reefs. These operations face serious limitations to prevent and provide timely response to spills with mitigation, restoration, and compensation actions for the damage caused. Environmental impacts from related activities, such as seismic exploration, dismantling of underwater infrastructures and platforms, and associated maritime traffic, are rarely evaluated.Finally, although there are no exploitation efforts yet, underwater mining poses risks that are impossible to assess in their magnitude, including habitat destruction, which could be irreversible, and species extinction. This is especially worrisome considering how little is known about the ecological and physicochemical dynamics in deep-sea and deep-sea ecosystems. The development of these intrusive activities -  without having the technical and scientific base information that would allow us to objectively identify the potential impacts, as well as the possibility or not of preventing, mitigating or restoring damages  - would doubtless cause the alteration of a highly sensitive and complex ecosystem.In consideration of the above - in our role as civil society organizations working for the protection and sustainable use of the ocean and for the defense of the right to a clean, healthy and sustainable environment - WE URGENTLY CALL ON THE STATES PARTY TO THE CONVENTION ON BIOLOGICAL DIVERSITY TO: Incorporate the ecosystem approach - which notes the interdependence between the atmosphere, land, and ocean - into their national biodiversity policies, strategies, and action plans, considering the provisions set forth in the Advisory Opinion of the International Tribunal on the Law of the Sea, which notes that anthropogenic greenhouse gas (GHG) emissions meet the definition of marine pollution under the UN Convention on the Law of the Sea. Use environmental impact and cumulative impact assessment tools to promote transparency and citizen participation with a gender focus and with emphasis on the consultation and consent processes of groups in vulnerable situations, such as indigenous peoples and local communities, so that the traditional and cultural knowledge that comes from the territories is included and valued to promote the implementation of projects and human development activities in a responsible and fair manner, weighing the right to a clean, healthy and sustainable environment over short-term economic benefits. Sign, ratify, and commit to the effective implementation of the Regional Agreement on Access to Information, Public Participation, and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) for these rights, and establish mechanisms for transparency and accountability in any environmental proceedings. Apply the precautionary principle in the absence of certainty or scientific information and recognize technical knowledge, science, and local wisdom as the basis for decision-making processes focused on the protection of the environment and biodiversity. Sign, ratify, and commit to the effective implementation of the Agreement on the Conservation and Sustainable Use of Biodiversity beyond National Jurisdiction (BBNJ Agreement), an instrument that will make it possible to advance in the protection of at least 2/3 of our planet. This will allow for: the equitable sharing of benefits derived from the use of marine genetic resources; the use of area-based management mechanisms, including the designation of marine protected areas; the development of environmental impact assessments prior to offshore activities; as well as capacity building and the transfer of marine technology for the benefit of the ocean. Continue to apply moratoriums on underwater mining activities based on the lack of sufficient technical and scientific information to foresee, prevent, control, and mitigate the potential impacts on the biological diversity of unknown ecosystems in deep waters and on the seabed. Sign, ratify, and commit to the effective implementation of the Agreement on Port State Measures (MERP Agreement) - to prevent, deter, and eliminate illegal, unreported, and unregulated fishing - as well as the Agreement on Fisheries Subsidies, to promote fishing practices that recognize the relevance of ocean sustainability. Strengthen and harmonize regulations on fishing and aquaculture, also advancing in their correct control, with the objective of ensuring the sustainability of these activities; avoiding illegal, unreported, and unregulated fishing; minimizing negative impacts on marine ecosystems and vulnerable species. Implement the Guidelines for Achieving Sustainability in Small-scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) in order to: recognize the contribution to the fishing economy of men and women working in all activities of the fisheries value chain; guarantee food security and the right to food; contribute to the development of communities engaged in this type of fishing; achieve sustainability of fishery resources; as well as promote culture and ancestral and traditional knowledge around fishing. Advance quickly and effectively in the process of negotiating a legally binding instrument on plastic pollution through the application of the circular economy model and responsible management throughout the entire cycle of these products. Plan mitigation and adaptation actions in the short-- and medium-term to address the effects of the climate crisis on the ocean and protect its carbon sinks through strategies and policies that contemplate the just and equitable energy transition in ocean-dependent sectors, in addition to the conservation and restoration of key ecosystems such as mangrove forests, seagrasses and coral reefs with a holistic and socio-ecological approach. The obligation of States Parties to the United Nations Framework Convention on Climate Change (UNFCCC) to submit updated Nationally Determined Contributions (NDCs) by 2025 is an opportunity to include, as climate commitments, measures aimed at mitigating impacts on the ocean and their restoration. These measures should not be limited to the creation of carbon markets in the ocean, but rather ensure the comprehensive protection of marine and coastal ecosystems, especially considering their fundamental role in climate regulation. Sign, ratify, and commit to the effective implementation of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention); prioritize the creation and application of national regulations on standards and permitted thresholds for the discharge of polluting substances into the sea, harmonized with international law, and based on follow-up and monitoring programs that respond to the dynamics of each country. Adopt relevant domestic measures to reduce anthropogenic pressures currently affecting coral reefs, slowing the processes that are causing their degradation and allowing coral cover to be maintained at minimum levels that guarantee their permanence and connectivity. These measures include: Regulating environmental impact studies and management plans for offshore hydrocarbon extractive and prospective activities and other activities carried out near coral reefs and areas sensitive to coral bleaching.Avoid authorizing offshore hydrocarbon exploration and exploitation activities near coral reefs.Regulate the transit of ships near marine protected areas and particularly sensitive marine zones in terms of ballast water pollution and other polluting technologies for the marine environment that may affect the state of coral reefs. This will also reduce the possibility of accidents and groundings. Guarantee the rights and meet the needs of coastal and island communities that live from fishing -  especially artisanal fishing  - and local tourism that are being affected by the climate crisis and environmental problems, seeking to protect them from the degradation of marine-coastal biodiversity. Increase governmental efforts to create and implement programs and activities for capacity building and transfer of marine technology to reduce the gaps between developing and developed countries. This will enable ocean protection to be embraced globally as a pathway to climate and environmental justice. Guarantee the financing of policies, programs, plans, studies, and regulations, ensuring the necessary budgetary allocations to safeguard and manage coastal-marine ecosystems. To this end, they should target the use of all available means within countries, as well as international climate finance funds, cooperation projects and multilateral instruments dedicated to addressing the climate crisis and the mechanisms that have been agreed upon in the framework of the UNFCCC and the Paris Agreement, including the Green Climate Fund (GCF), as well as available resources from the private sector. Similarly, blue finance mechanisms that benefit vulnerable groups and have a positive impact on ocean health should be prioritized. Effective protection of our ocean is not possible without the commitment of the States Parties to the Convention on Biological Diversity. We therefore call for action and the definition of urgent national and international interventions to strengthen ocean governance.The risks of ignoring the accelerating impacts are too great. It is time to prioritize the health of the ocean and with it our own health. Signatory organizations:Interamerican Association for Environmental Defense (AIDA).Mexican Center for Environmental Law (CEMDA)Center for Marine JusticeMesoamerican Reef Fund (MAR Fund)Cethus FoundationMarViva FoundationHealthy Reef Initiative (HRI)Coral Reef AllianceFoundation for Eco-development and Conservation (FUNDAECO)High Seas Alliance (HSA) 

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Fauna en el Desierto de Atacama, Chile.
Human Rights, Indigenous Rights, Freshwater Sources

COP16: To conserve biodiversity, governments must respect indigenous and local knowledge

At the UN Conference on Biodiversity, countries must also make progress in ensuring the participation of indigenous and local communities in decision-making on biodiversity. The energy transition model of the global north implies irreversible impacts for the Andean wetlands and the communities that inhabit them, whose territories overlap with lithium reserves. Ahead of the 16th meeting of the Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD), which will take place from October 21 to November 1 in Cali, Colombia, the Alliance for Andean Wetlands (Alianza por los Humedales Andinos) calls on member countries to respect, preserve and maintain the knowledge, innovations and practices of indigenous and local communities for the conservation and sustainable use of biological diversity. Doing so implies honoring the obligations acquired with the signing of the treaty.In addition, the signatory countries of the convention must make progress, through the presentation of concrete action plans at the national level, in ensuring the participation of communities in decision-making on biodiversity issues, one of the 23 targets of the Kunming-Montreal Global Biodiversity Framework adopted in 2022.One of the goals of COP16 is to review compliance with these targets, aimed at halting and reversing biodiversity loss by 2030.According to the Living Planet Report, Latin America is the region with the greatest loss of biodiversity, as populations of all species show an average decline of 94% and 83% in the case of freshwater species.The Alliance warns of the irreversible impacts that the energy transition model promoted from the global north implies for the Andean wetlands, where some of the most sought-after transition minerals, such as lithium and copper, are found.These ecosystems harbor more than that: they are home to an enormous and unique biodiversity, as well as to local communities that depend on them and that for thousands of years have protected and preserved them, maintaining the ecological balance. Quotes from members of the Alliance for Andean WetlandsLaura Castillo, Coordinator of the High Andean Program at Fundación Ambiente y Recursos Naturales (FARN), Argentina:"To address the biodiversity crisis, it is crucial to transcend the current paradigm of production and consumption, which promotes excessive use of environmental goods and exacerbates the ecological crisis. To this end, it is imperative to promote the reduction of high levels of consumption of natural goods, especially from the global north. Solutions to the climate and biodiversity crises -which are closely related- will inevitably require countries to define their own socio-ecological transitions towards models of life that respect human rights and planetary limits." Vivian Lagrava Flores, Coordinator of Empodérate and the Wetlands, Biodiversity and Water Protection project, Bolivia:"Biodiversity and water should not be assumed as an 'exploitable resource' by the States. As long as this mercantilist view persists, we will have more people affected by mining and sacrificed and, therefore, more biodiversity exposed and at risk of extinction." Verónica Gostissa, attorney and coordinator of the Alianza por los Humedales Andinos project at Asamblea Pucará, Catamarca, Argentina:"It is urgent to address the problem of lithium exploitation in the Puna. It is advertised as 'clean energy', but it is devastating our ecosystems. In Argentina, they intend to turn the Salar del Hombre Muerto into an industrial park, installing more than eight projects in the same territory. In this COP, it is crucial to recognize the irreversible impact generated by extractivism and, from there, to deploy ecosystemic links based on the care of all that is vital." Cynthia Escares, biologist and director of the NGO Defensa Ambiental, Chile:"The climate crisis is an undeniable reality. However, in its name, forms of extractivism disguised as clean energy and equity are being promoted, without recognizing the profound implications of these processes. Projects such as lithium and rare earth mining, essential for batteries and green technologies, are presented as solutions to climate change, but they replicate the same logics of exploitation that have historically devastated territories and communities. This time, not only will we lose the inhabitants of these vulnerable regions, but we are leading the planet and all its biodiversity towards an irreversible collapse." Yeny Rodríguez, senior attorney with the Ecosystems Program at the Interamerican Association for Environmental Defense (AIDA):"The biological and cultural diversity of our region is at risk. After COP16, it should be understood that we can no longer talk about defossilization as the panacea that will save us from the climate crisis. The energy transition towards 'clean energy' also requires the extraction of minerals such as lithium, an industry that in Latin America is already causing the destruction of Andean wetlands and the disappearance of rivers. We are facing an opportunity to move towards the protection of biodiversity and the human rights of the native communities that have cared for the territories since before the existence of our States." Ramón Balcázar Morales, executive director and researcher of Fundación Tantí, Chile:"The salt flats from which South American lithium is obtained are wetlands, territories inhabited by indigenous peoples and communities whose ways of life are key to the conservation of ecosystems that sustain a threatened biodiversity. Faced with the deepening of the polycrisis, we must promote democratic processes that allow us, as a society, to overcome the profound contradiction between the climate agenda based on green growth and the biodiversity conservation agenda. This requires governmental and institutional efforts and will to strengthen and dialogue with communities and social actors in the territories affected by mining and energy megaprojects associated with the energy transition." 

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Ciénaga Grande de Santa Marta in Colombia
Climate Change, Human Rights, Capacity Building

Session 1 of the 2024 GCF Watch International Webinar Series

Operating the financial mechanism of the UNFCCC and Paris Agreement: Applying lessons learned from the GCF experience for strengthened CSO engagement    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.  In this first session, relevant CSO representatives discussed the architecture of financial mechanisms under the UNFCCC, with the GCF at the center, exploring their similarities and differences, and the opportunities for civil society engagement in each.   Presenters Erika Lennon, Center for International Environmental Law (CIEL): The GCF as the center of the architecture of the financial mechanisms under the UNFCCC and its relationship with the other funds. Ira Guerrero, Institute for Climate and Sustainable Cities (ICSC): The GCF Watch and its resources.   Interviewees Kairos Dela Cruz: ICSC. Faizal Parish: Global Environment Centre; Chair 2024-2030, GEF CSO Network. Julia Grimm: Germanwatch. Liane Schalatek: Heinrich Böll Foundation.   Moderation: Camila Bartelega, Interamerican Association for Environmental Defense (AIDA).   Recording  

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Textiles tradicionales en un mercado de Chichicastenango, Guatemala.
Human Rights, Indigenous Rights

Organisations demand justice in criminalization case against Rigoberto Juárez, ancestral authority and environmental and human rights defender of Guatemala

Organisations dedicated to the protection of human rights defenders, and national and international organisations working on the promotion and protection of human rights and indigenous peoples rights, express our concern over the criminalization process against Rigoberto Juárez, ancestral authority, environmental and human rights defender, and general coordinator of the Plurinational Ancestral Government of the Original Nations Mayas Akateka, Chuj, Q’anjob’al y Popti’.The judicial process against Rigoberto began in 2015 due to his role as a mediator and ancestral authority in a land conflict within the Q'anjob'al territory, specifically in the Ixquisis micro-region. This conflict arose from the indigenous Maya community's resistance to the poorly implemented and unconsulted hydroelectric projects by Energía y Renovación S.A., financed by BID Invest.The judicial process lacked an intercultural and differentiated approach. Additionally, the decisions made in the second instance and by the cassation court have ignored the factual and legal arguments presented by the defense regarding Rigoberto Juárez's role as an ancestral authority, which involved, at the community's request, assuming a mediator role in the high-conflict situation.From the perspective of the signing organizations, this judicial process has been used as a reprisal mechanism against the human rights defender’s legitimate human rights work. In particular, due to his crucial role in bringing visibility to, and reporting on, the Ixquisis case through a complaint submitted to the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank. Evidence of this can be found in the temporal overlaps of this process with crucial moments of the complaint filed with the MICI.In view of this concerning situation, we request judicial authorities to consider the arguments submitted by the legal defense of Rigoberto Juárez in the amparo action filed on 22 August and to make a decision that takes into account the specific guarantees of Rigoberto Juárez as an ancestral authority and as an environmental and human rights defender. Likewise, we call on international human rights institutions to urge the State of Guatemala to resolve the case of Rigoberto in accordance with their international obligations, and to prevent and address the serious trend of criminalization of indigenous authorities exercising their rights and responsibilities. Signed by:International Platform against ImpunityProtection International MesoaméricaInteramerican Association for Environmental Defense (AIDA)Franciscans InternationalRed Nacional por la Defensa de la Soberanía Alimentaria en Guatemala (REDSAG)Bank Information CenterInternational Service for Human RightsFront Line DefendersNISGUA (Network in Solidarity with the People of Guatemala)ASERJUSP. Marco Tulio Recinos Torres. CPPS.Center for International Environmental Law (CIEL)María Eugenia Solís GarcíaAlba Cecilia del Rosario Mérida PiedrasantaPress contact:Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 

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Declaración de Manaos
Climate Change, Human Rights

The Manaus Declaration on Human Rights in the Climate Emergency

Indigenous Peoples, local communities, Afrodescendants, tribal and rural communities, children and adolescents, women, LGBTQI+, non-governmental organizations, platforms, institutions, and individuals urge the Court and States to adopt minimum standards for the protection of human rights in the context of the climate emergency, as elaborated during the public hearings of the Advisory Opinion, particularly the one held in Manaus, Brazil, from May 25-29, where communities, peoples and civil society of the region met in an unprecedented judicial setting.We notice that the overall balance, after more than 30 years of international discussions regarding the climate emergency, is regrettable, as there is no evidence of an effective commitment by States to avoid greenhouse gas (GHG) emissions, to grant reparations to those who have suffered climate damage, and to ensure that changes in their internal laws and policies, including economic policies, are compatible with the average global temperature limit set in the Paris Agreement.We highlight that several international courts, including the Inter-American Court of Human Rights, have the historic opportunity to formally clarify the human rights obligations of States in the context of the climate emergency through its advisory function, and in that sense, to set robust standards for the protection of rights based on current international standards relating to the protection those populations that have been historically excluded and discriminated against, and that are significantly more vulnerable to the climate emergency.   Read and download the declaration 

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Audiencia pública de la Corte IDH en Manaos, Brasil.
Climate Change, Human Rights

Declaration of Manaus urges the Inter-American Court to clarify State obligations in climate emergency

San Jose, Costa Rica - Today, a coalition comprising over 400 communities, Indigenous and Tribal Peoples, and representatives of civil society presented the “Declaration of Manaus on Human Rights in the Climate Emergency” to the Inter-American Court of Human Rights (IACtHR). The widely endorsed declaration calls on the Court to articulate, in its forthcoming Advisory Opinion on the Climate Emergency and Human Rights, minimum standards for respecting and protecting human rights in the context of the climate crisis. It draws upon the insights of more than 150 participants who contributed during the public hearings on the process of the Advisory Opinion mentioned.The hearings, conducted in Bridgetown, Barbados (April 22–25), Brasilia (May 24), and Manaus (May 25–29), Brazil, served as a forum for the presentation of compelling testimonies from individuals and entire communities impacted by the climate emergency. In Manaus, in the heart of the Amazon, there was a strong emphasis on the expectation that the Court would issue a robust advisory opinion aimed at ensuring the protection of both people and the planet.The Declaration urges the Court to clarify the human rights obligations of States and reinforce the accountability of corporations and financial actors for their role in the climate crisis."The role played by the IACtHR Advisory Opinion is strategic at a historic moment for climate justice globally. The Court’s decision can reinforce and expand on what has already been established by the International Tribunal for the Law of the Sea (ITLOS) on the obligations to protect the oceans from climate change. It will undoubtedly influence the subsequent interpretation of the International Court of Justice (ICJ) on the duties of States to protect communities and the planet in the face of the climate crisis," said Marcella Ribeiro, senior attorney with the Human Rights and Environment Program of the Interamerican Association for Environmental Defense. "The standards set by the Court will set new paradigms for access to justice in the context of the triple planetary crisis, influencing pending and future cases, as well as laws and policies inside and outside the continent. Lastly, this decision has great potential to help overcome the political impasse in the international climate negotiations."The Declaration, signed by over 400 parties, requests the Court to:Acknowledge that in the face of the climate emergency, all human rights, including the right to a healthy environment, must be upheld by all States. This obligation should be interpreted under the principle of Common but Differentiated Responsibilities and in line with the average global temperature increase limit established by the Paris Agreement and informed by the best available science.Specify that States need to transition to fossil-free economies without harming local communities and causing environmental impacts that exceed planetary limits.Ensure public access to information and participation, as well as the right to climate justice. This includes providing legal and institutional mechanisms for communities affected by the crisis to seek legal recourse, as well as raising awareness and training the judiciary on climate-related issues.Protect and facilitate the work of environmental defenders in the context of the climate emergency and energy transition.Guarantee adaptation measures to address the effects of climate change, ensuring the protection of all human rights, especially for vulnerable or historically discriminated groups.Uphold the right to self-determination of Indigenous and Tribal Peoples by obtaining their consent for measures directly affecting them in the context of climate change and energy transition.Ensure that victims and survivors of climate-related harm are granted comprehensive and just reparations and that climate judgments have financial resources for their implementation. "The Manaus Declaration also addresses corporate responsibility for the crisis. We urge the Court to reinforce States’ obligations to regulate corporate actors and ensure that those responsible for human rights violations related to the climate crisis are held accountable," adds Luisa Gómez Betancur, senior attorney at the Center for International Environmental Law (CIEL). "Consistent with the polluter pays principle in international law, fossil fuel and agribusiness companies that are the primary drivers of climate change must cover the costs of mitigation and adaptation, as well as provide full reparation to victims for climate harm."Those supporting the Declaration are urging the IACtHR, as a guardian of human rights, to take a strong and forward-thinking stance. This approach should hold those who have had the most impact on the climate crisis responsible, guide inter-American policies towards environmentally sustainable economies, and establish a foundation for climate, environmental, and social justice worldwide, starting with Latin America."We hope that by listening to the testimonies of those of us who suffer the worst consequences of the climate emergency, the IACtHR will heed our call and order the States to respect our right to self-determination and the way in which we relate to our territories, prioritizing their care and conservation. For this reason, we join our voices in the Manaus declaration to remind the Court of the unique opportunity it has to mark a before and after in the fight for climate justice and the protection of our rights," said Everildys Córdoba Borja, legal representative of the Community Council of Black Communities of the Tolo River Basin and Southern Coastal Zone (COCOMASUR), Colombia.Read and download the declaration Press contactsNiccolo Sarno, CIEL, [email protected] Arista, EarthRights International, [email protected], +51 941 242 447Karina Saravia, CANLA, [email protected], +505 84331292 

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