Human Rights

September 18 2019 Climate Change, Human Rights

Declaration: Peoples’ Summit on Climate, Rights and Human Survival

We envisage a world where people thrive as part of nature and where human rights – including the rights of Indigenous Peoples – and the environment come before corporate profit, in an era in which people are more connected with each other and with the planet. We want to live in safe, equal, peaceful and just societies. In societies where every individual and all communities enjoy fair, secure and sustainable livelihoods; participate in decision-making on matters that affect their lives; and have access to information and justice. In a world where the commons are protected and sustainably managed by communities, and where governments and corporations act responsibly and are accountable for the consequences of their actions. We see the opportunity and urgent need to transform our economic, social, legal and political systems to ensure equity and the protection of human rights, to halt the climate crisis and mass extinctions, to protect our children’s future, to hold polluters accountable for their actions, and to make fossil fuels and all unsustainable business practices a relic of the past. We believe that this vision requires protecting, supporting and being in solidarity with those who are suffering from the violence of the climate crisis and those fighting for climate justice. ... The climate crisis can and must be addressed. An array of effective policy and technical solutions are already known, available and immediately deployable. Governments and corporations bear the primary responsibility for taking the actions that could address and reverse the drivers of climate change and build resilient, adaptable and sustainable communities. We will invigorate our existing efforts around mobilizing the most powerful, united and diverse Peoples’ movement ever assembled. Real and transformative climate action will not be possible without a fully-engaged civil society and population. To achieve climate justice, we, the undersigned, agree to the following: We will increase our efforts to place human rights at the core of climate activism. We will do so by following the lead of Indigenous Peoples, youth, women, people living in poverty, persons with disabilities, fisherfolk, peasants, pastoralists, local communities, workers, and other disproportionately-affected groups, who are leading the call for climate justice and against activities that destroy the planet. We will demand immediate, bold, people-powered and human rights-consistent action of unprecedented scale to reduce greenhouse gas emissions, in order to protect people, ecosystems, and biodiversity from the climate breakdown. Such actions require transformative change of our economic, social and political systems, to address inequalities in all aspects of life. This transformative change includes the equitable distribution of resources, particularly reducing the unnecessary consumption of resources by privileged groups. It is essential that we achieve drastic and rapid reductions in emissions globally and a fossil-free future, to keep the temperature rise as low as possible and no higher than 1.5°C degrees, as current levels of warming are already resulting in human rights violations. We will demand that all government climate policies, measures, and actions respect, protect and fulfil human rights – including the right of people to be fully informed and empowered to participate in a meaningful way in climate decision- making – and that corporations fulfil their responsibilities to respect human rights across their supply chains. We will oppose any policy or action taken to combat climate change or support adaptation that comes at the cost of human rights, and those that would deepen inequalities and cause impoverishment, hunger, dispossession, and economic, social and political exclusion. We will increase the pressure on those countries and corporations most responsible for climate change and with the most resources available. We demand that all countries urgently establish and enforce science-based emission reduction targets compatible with the protection of human rights, and that they meet these targets on or ahead of schedule. We will oppose attempts to transfer the burden and responsibility for change from high-emitting countries to countries with fewer resources and lower historical emissions, and from corporations and privileged groups to less-privileged groups. We will compel those bearing more responsibility for the crisis to own their actions and take measures accordingly. We will call upon those States with the greatest responsibility for climate damage and with the most resources to provide the necessary financial and technological resources to countries in the global south to facilitate their ambitious actions for climate change mitigation and adaptation. We demand that those States also provide adequate means – including compensation – to affected communities and individuals to address the loss and damage caused by the climate crisis, in full consultation with them and respecting their individual and collective customs and rights. We will promote transparency and adequate use of those resources and will oppose the creation of additional financial burdens and debts as a result of this support. We will relentlessly challenge corporate capture of policies and institutions, and we will hold accountable climate destructive industries and their financial backers. We will demand a just, fair and inclusive transition away from fossil fuels and towards sustainable agriculture and renewable energy that empower Indigenous Peoples, workers, peasant farmers, pastoralists, fisherfolk, and communities, rather than disenfranchise them. We will seek measures to ensure that all people, particularly those facing discrimination, have access to climate education and to the resources, training, knowledge, and decent jobs required for a people-powered transition to a decarbonized and resilient society. We will work for the protection, respect, and fulfilment of the rights of Indigenous Peoples, including to their ancestral lands and territories. We will seek the protection, recognition, and promotion of local and traditional knowledge that has proven effective and appropriate in addressing the climate crisis as well as enabling the transition and resilience so urgently needed in our food systems, always with the consent of, and for the benefit of, Indigenous Peoples. We will demand effective and adequate access to justice for individuals and communities whose rights are impacted by the climate crisis or lack of climate action – including those facing climate-induced loss and damage and those whose rights are threatened due to climate-related displacement. We will work to ensure that they are able to enjoy access to justice and effective remedies and that those responsible for climate harms are held to account. We will proactively use national, regional and international human rights bodies and legal instruments to ensure that human rights and obligations are effectively upheld to promote climate justice. We will support all environmental human rights defenders, in particular those who individually and collectively protect their territory, access to land, livelihoods, and the environment, and those campaigning to defend the people and the planet from destructive activities and climate breakdown. We will demand a safe and enabling environment in which all human rights defenders, particularly those facing multiple and intersecting forms of discrimination and inequality, are effectively protected and able to defend and promote human rights without fear of punishment, reprisal, or intimidation. Read the full declaration Read the declaration in Spanish Read the declaration in Portuguese

September 09 2019 Mining, Climate Change, Human Rights

Ecuador bets on a mining boom, at the expense of nature

In southeast Ecuador, in the heart of its Amazon, stands an imposing mountain massif that stretches more than 160 kilometers in length: the Condor Mountain Range, which, once largely unknown, retains an expansive intact and unexplored territory. In this area of vital importance for life, science and conservation, an open-pit copper mine known as the Mirador project, with an expected lifespan of 30 years, began operating in July. The launch of the project marks the beginning of large-scale mining in Ecuador, with which the government intends to sustain the economy and leave behind its dependence on oil. This is a sad novelty because large-scale mining involves the risk of enormous environmental damages, which are most serious in ecosystems of great biodiversity and proximity to water sources such as the Condor Range, where indigenous and peasant communities also live. This impulse toward extractive activity contradicts the progress made in 2008, when Ecuador was the first country in the world to recognize the rights of nature in its Constitution. As the Amazon burns in flames, and takes our future with it, Ecuador has a responsibility to change course. The nation must serve as an example for other countries of the Amazon Basin, and the world, of the effective protection of the rainforest and those who depend on it. The resources we must conserve "This country lacks resources." Based on these words, the Mirador project and the presence of the mining industry in Ecuador has been intensified without precedent. They were said by spokespersons of the Chinese company Ecuacorriente (in charge of the mining concession) and echoed, in turn, by government representatives. But what will happen to the biodiversity and environmental services of the priceless Condor Range? These Amazonian mountains protect cloud forests and páramos (high mountain wetlands), both natural carbon sinks. They are home to more than 2,000 species of flora, including one of the few carnivorous plants in Ecuador, and hosts 613 species of birds. According to studies, there are another 2,000 plant species to be discovered in this unique environment. It is there that excavations of 300 to 500 meters deep will be carried out to access subsoil minerals, and where risky dams will be built to deposit tons of waste. The damages are already occurring. The company confirmed that 1,422 hectares of forest have been cleared for the project. And local organizations have denounced serious legal and constitutional violations surrounding the project. The discourse of large profits in store for the country from the exploitation and sale of subsoil resources has gained strength in recent months. Official data shows that currently 7.5% of the territory is concessioned for mineral exploration, and the government is analyzing the granting of new concessions. By 2020, the government plans to have a map of the new areas where mining will be permitted. These plans ignore the perpetual impacts of large-scale mining, including impacts on the landscape and damage to water quality. In the case of Mirador, the project has already caused the diversion of the Tundayme River, just to name one of its impacts, recognized as irreversible by the company itself. "Be coherent, stop using cell phones and bicycles and other objects made from materials extracted from the mines," challenged Vice President Otto Sonnenholzner, one of mining's biggest promoters, to those who oppose the projects. "I propose another challenge: you stop using water and food," replied Yaku Perez, a defender of water and prefect of the province of Azuay. The above is the clearest metaphor of what is at stake with the blind advance of open-pit mining in Ecuador. The climate crisis demands a new vision of development The accelerated move towards large-scale mining in Ecuador means acting negligently in the face of the global climate crisis, which forces us to change our development model this decade in order to achieve the goals of mitigation and adaptation. The international scientific community warned in 2018 that we only have a dozen years to maintain global warming at a maximum of 1.5°C (with respect to the pre-industrial era) and that exceeding that limit would make the risks of droughts, floods and extreme heat worse. This requires unprecedented transitions in sectors such as energy and industrial systems. Boosting large-scale mining is reversing and deepening the development model that has caused the climate emergency. It means destroying natural carbon sinks such as those in the Condor Mountain Range and the Amazon as a whole. Ecuador can and must take a new step forward. It must, as it did in 2008 with the recognition of the rights of nature, find a development model that effectively respects its obligations to the climate and to human rights. Ecuador cannot continue to mortgage the present and future of entire communities and ecosystems under the pretext of the immediate and ephemeral profits of mining. New paths are possible and, above all, urgent.

August 22 2019 Climate Change, Human Rights

AIDA Statement on the crisis in the Amazon

AIDA expresses deep concern about the grave situation confronting the Amazon, which is being ravaged by a large number of fires in Brazil and other Amazonian countries. The consequences of these fires are devastating for the biodiversity of the area and for the communities that inhabit it, but also for the planet, which is facing a climate crisis that requires increasingly urgent and effective actions. The Amazon holds 20% of the Earth's unfrozen fresh water and is home to a quarter of the world's species. In addition, the Amazon jungle releases about 20% of the oxygen we breathe and stores 90 to 140 billion tons of carbon dioxide, regulating the global climate. The international scientific community has emphatically pointed out that the destruction of tropical forests causes 20% of greenhouse gas emissions. For this reason, the Amazon ecosystem is vital for mitigating the climate crisis. The current fires demonstrate that the Amazon is now more vulnerable than before due to a combination of factors, including increased droughts, deforestation, unsustainable use of soil and subsoil, and the increase in global temperatures. The record number of fires in the Amazon rainforest aggravates the climate crisis and with it the threat of increasingly harmful natural disasters. The policies, rhetoric and actions of Jair Bolsonaro's government have the same impact, actively dismantling due protection of the Amazon and its indigenous peoples. They irresponsibly promote the expansion of the agricultural, livestock and extractive frontier in the Amazon, resulting in increased deforestation and the consequences we are witnessing today. This worrying trend is repeated in the rest of the countries called upon to protect the Amazon basin—Bolivia, Peru, Ecuador, Colombia and Venezuela—whose governments also have not done enough to preserve the Amazon. AIDA urges the governments of the Amazon basin to adopt urgent measures to stop the fires. In addition, we call on citizens and the international community to pressure the governments of Brazil and the other countries of the region to reverse course and effectively protect the Amazon, its biodiversity, and the people who depend on it. We demand that governments take concrete actions to: Strengthen institutions and environmental norms, Immediately suspend rhetoric that encourages deforestation and the destruction of the Amazon, Stop the indiscriminate expansion of the agricultural, livestock and extractive frontier in the area, Adopt proper land use and planning, Ensure the existence and restoration of ecosystem life cycles, and Control deforestation and conserve the Amazon with the financial and technical support of multilateral international cooperation. Learn more about our work in the Amazon. PRESS CONTACT: Victor Quintanilla (México), [email protected], +5215570522107

Diversidad de especies de aves en Yum Balam, aréa natural protegida en México

August 18 2019 Coral reefs, Oceans, Climate Change

Defend Yum Balam, a key ecosystem for biodiversity and the climate

AIDA presented an amicus brief demonstrating the importance of the protected area, as well as Mexico’s international environmental and human rights obligations to preserve it in the face of a 21,000-room hotel project that would imply significant damage to the site. Cancun, Mexico. The Interamerican Association for Environmental Defense (AIDA) presented a legal brief (Amicus Curiae) before the Seventh District Court of the State of Quintana Roo to defend the Yum Balam Flora and Fauna Protection Area, located in the north of the state. In 2018, when the site's Management Program was published, private and communal landowners filed several lawsuits against the program and the decree that created the protected area, arguing that it affected their rights to participation, property, and legality. Prior to the publication of the Management Program, the Advisory Council of the protected area received a report from a consultant who recommended the construction within Yum Balam of a mega tourism project that includes 21,000 hotel rooms, deeming it economically viable. "That viability is in doubt because each hotel room would generate changes in land use, population growth, loss of flora and fauna, and other irreversible damages to the ecological characteristics of the place," said Camilo Thompson, AIDA attorney. "What is at stake is Yum Balam’s contribution to the enjoyment of a healthy environment for present and future generations." The decree creating the protected area, which dates back to 1994, puts the public interest and regulation of natural environments that benefit the entire country above private interests. The Management Program is aimed at regulating the conservation and sustainable use of Yum Balam. The site is considered a Priority Wetland of International Importance under the Ramsar Convention. "According to a study, Yum Balam's mangroves and sea grasses prevent 38.5 million tons of carbon dioxide from escaping, equivalent to the greenhouse gas emissions of 9.4 million Mexican people," said Pilar Diez, Regional Director of the Mexican Center for Environmental Law (CEMDA-Southeast). In its 152 thousand hectares, the site also has reefs and coastal dunes. It is home to more than 90 percent of the endemic birds of the Yucatan Peninsula, sea turtles with special protection status, whale sharks, dolphins, and endangered terrestrial species like the jaguar. In fact, in the Maya language, Yum Balam means Señor Jaguar. "Our brief seeks to document the national and international importance of Yum Balam in the context of the climate crisis," Thompson added. "Betting on the development of tourism megaprojects is incompatible with the urgent task of confronting this crisis and achieving climate justice.” Both the United Nations Intergovernmental Panel on Climate Change (IPCC) and the Intergovernmental Platform for Science and Policy on Biodiversity and Ecosystem Services (IPBES) have been very firm about the current situation of ecosystem loss and the urgent actions that all countries must take in the face of the climate crisis. "We’ve documented the international legal framework under which the Mexican State is obliged to guarantee fundamental human rights, such as the right to a healthy environment," Thompson explained. "Mexico has the obligation to conserve its biodiversity, including coastal wetlands, forests, jungles and other ecosystems that regulate the climate and contribute to fishing and tourism." The Court's decision must reflect these obligations and uphold Yum Balam's protection. press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107

July 25 2019 Public Participation, Human Rights

We Too Demand Peace: International Civil Society Organizations Join with Colombians Marching for Peace

Washington, D.C. Colombians march for peace in their country on July 26, we echo their call for a permanent end to the war that claimed 260,000 lives and forced 8 million people, the majority from Afro-descendant and indigenous communities, and mostly women and children, to flee their homes. We join their call for the Colombian government to protect the social leaders building peace in their communities. Hundreds have been killed since the peace accords were signed in 2016, while many more live under the constant pressure of daily threats and attacks. This tragedy must end. We vigorously support their demand that the Colombian government fully and faithfully implement the peace accords signed between the government and the FARC guerrillas—or this once-in-a-lifetime chance for peace will be lost. Finally, we call on the United States and the international community at large to back the effective implementation of the peace accords wholeheartedly. We stand in solidarity with the millions of Colombians who are struggling to build a just, complete, and lasting peace and who tomorrow say #26deJulioElGrito. Signed, 350.org Abogadas y Abogados para la Justicia y los Derechos Humanos Acción Solidaria ActionAid USA AFL-CIO ÁGORA Espacio Civil Paraguay Amazon Watch Asistencia Legal por los Derechos Humanos A.C. (ASILEGAL) Asociación Interamericana para la Defensa del Ambiente (AIDA) Center for Justice and International Law (CEJIL) Center for Reproductive Rights Centro de Derechos Humanos Fray Bartolomé de Las Casas, A.C. - México Centro de Derechos Humanos y Ambiente (CEDHA) Centro de Documentación en Derechos Humanos "Segundo Montes Mozo S.J." (CSMM) Chicago Religious Leadership Network on Latin America (CRLN) Christian Peacemaker Teams Ciudadanos en Apoyo a los Derechos Humanos, A.C. (CADHAC) CIVICUS - World Alliance for Citizen Participation Colombia Grassroot Support, New Jersey Colombia Human Rights Committee, Washington DC Comisión Ecuménica de Derechos Humanos Comisión Mexicana de Defensa y Promoción de los Derechos Humanos Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres Convergencia por los Derechos Humanos Coordinadora Nacional de Derechos Humanos Corporación Humanas Chile CSW Defensor de derechos humanos en México Equipo de Reflexión, Investigación y Comunicación de la Compañía de Jesús en Honduras (ERIC-SJ) Global Witness International Institute on Race, Equality and Human Rights (Race and Equality) International Labor Rights Forum International Rivers InterReligious Task Force On Central America and Colombia Latin America Working Group (LAWG) Movimiento Autónomo de Mujeres, Nicaragua Mujeres Libres COLEM, A.C. Grupo de Mujeres de San Cristóbal Las Casas, A.C. NJ Peace Council Not1More Oxfam Paz y Esperanza Presbyterian Church USA Presbyterian Peace Fellowship Red Para la Infancia y la Adolescencia de El Salvador (RIA) Redes por los Derechos de la Infancia (REDIM) Robert F. Kennedy Human Rights Servicio Internacional para los Derechos Humanos (ISHR) United Church of Christ, Justice and Witness Ministries Washington Office on Latin America (WOLA) Witness for Peace Solidarity Collective

July 22 2019 Oceans, Freshwater Sources, Climate Change

What we must do to preserve the planet’s biodiversity and natural heritage

Society is at serious risk of losing our natural world and all that sustains us. Our actions are provoking mass extinction and accelerating the loss of natural resources, plants and animals. Among these actions are the growth of agriculture and livestock production, the destruction of habitats, the introduction of invasive species, the expansion of urban areas, poaching and overfishing, overpopulation and pollution. That’s according to the most complete global evaluation of biodiversity yet, recently published by scientists at the United Nations’ Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES). The report shows that the capacity of Earth’s ecosystems to provide benefits to people has diminished drastically over the last 70 years. That’s because, on average: global resources have diminished by 47 percent; 25 percent of flora and fauna species are in danger of extinction; and the climate crisis is driving higher temperatures and increased acidification of the ocean, which is causing coral reef coverage worldwide to shrink. What’s more, a third of all species in the ocean are being overfished. Despite these alarming statistics, we can still take the planet out of the grave situation we’ve put it in. But it will require radical changes to our approach. The diagnosis for Latin America Historically, the world has passed through five mass extinctions that have caused the loss of more than 70 percent of the Earth’s life forms. Currently, we seem to be living through the sixth. Although species extinction occurs naturally, it generally does so at a rate of about one species per million each year. The current rate far exceeds that, as at least 100 species per million are going extinct each year—and that rate is rising. Another way to visualize this global threat is by listing the countries with the most species in danger of extinction. Five countries in Latin America are in the top 10 for species loss, with Mexico topping the list at 665 threatened species (71 species of birds, 96 mammals, 98 reptiles, 181 types of fish and 219 amphibians). Mexico’s situation is largely being driven by high rates of deforestation, a practice aimed at increasing agricultural area to cover the country’s growing demand for food. In fact, Latin America and Southeast Asia have lost millions of hectares of terrestrial ecosystems and fresh water through increased livestock production and agriculture (which includes the use of fertilizers). Other countries in the region with high rates of species loss include Colombia (540 species), Ecuador (436), Brazil (413), and Peru (385). Species extinction alters and impedes the proper functioning of ecosystems, which rely on interactions between varied forms of life to produce food, manage water supply, regulate climate, and more. Big changes to ensure a better future Although life on our planet has existed for some 4 billion years, humanity has only been around 200 thousand of those; yet we’ve managed to disrupt the Earth’s natural balance. Although our actions have negatively affected the earth, this shows that we, as humans, have the ability to transform our environment. The IPBES report mentions the Aichi Biodiversity Targets as transformative actions that can protect biodiversity. One of those is the creation of natural protected areas, which have helped reduce the risk of extinction for species like mammals and amphibians. Nevertheless, the report emphasizes the need for a drastic change in the values and objectives of our governments so that decisions at the local, national, and international levels are aligned to combat the causes behind the planet’s degradation. To that end, and taking into account the UN’s Sustainable Development Goals, nations must: Expand and coordinate the global network of natural protected areas. Invest in green infrastructure. Produce food, materials, and energy in sustainable ways. Conserve and use water efficiently. Support indigenous and traditional communities, who protect many of the planet’s remaining natural resources. Adequately approach population growth and global consumption levels. Create new environmental laws and better compliance with existing ones. Slow pollution and the overexploitation of our natural resources. “People shouldn’t panic, but they should begin to make drastic changes,” said Josef Settele, an IPBES co-chair and entomologist at the Helmholtz Center for Environmental Research in Germany. “Business as usual with small adjustments won’t be enough.” Our air, water, and food depend on biodiversity—the varied forms of life on our planet and the interaction between them. Caring for this natural heritage is a shared task; it is now more important than ever.

July 09 2019 Climate Change, Human Rights

Putting people’s fundamental rights at the core of solutions to the climate emergency

Announcing the First Ever Global Summit on Human Rights and Climate Change The People’s Summit on Climate, Rights and Human Survival – the first ever global summit on human rights and climate change – will be hosted by leading civil society groups and the UN Human Rights Office in New York on 18-19 September. The People’s Summit aims to galvanize the human rights community to urgently scale-up its efforts on climate justice, creating the most diverse movement ever assembled to tackle the climate crisis. The People’s Summit was announced in an open-letter below, which was published on the Thomson Reuters Foundation. The human rights and environmental communities must seek solutions together. It’s time for all of us to come forward as one to face the climate crisis. Our organisations seek a world where people thrive in a safe and healthy environment, where human rights come before corporate profits. To make it happen, we need to face the climate crisis united in the strongest and most diverse movement ever assembled. Only together can we make world leaders take this emergency seriously. Real solutions to the climate breakdown must place people and our fundamental rights at the core. This is an invitation to all those who value human dignity and wellbeing to fully throw their weight behind the call for global climate justice. And to those working to protect our planet to center their efforts in communities, particularly the people most impacted and least responsible for the climate crisis. The human rights community can bring key constituencies, power and skills to the fight for climate justice. The strength of a collective movement to overcome the climate crisis needs to match the gravity of the problem. Our organisations are coming together to make it happen, and we are urging the environmental and human rights communities to join us. To meet the challenge we, the people, must be more connected with each other and more committed to our planet than ever before. This is a matter of survival. Rampant carbon emissions have triggered unprecedented, dangerous and destabilising changes in our climate. Corporate and governmental neglect has already exposed millions to increasingly extreme weather disasters. We must reverse course now; the window of opportunity to act is closing. Make no mistake. The impacts of climate change already hinder our rights to health, food, water, housing, work and even life itself. These impacts are even more severe for people already in vulnerable situations in places impacted by severe weather, poverty or oppression. Our societies cannot keep on like this. People need access to justice, governments must work for the people and corporations need to be accountable for their actions. Now is the time to act. The signs of a shared will to do so are everywhere. Students are taking to the streets to call for a safe future. Indigenous Peoples are speaking up for the defense of land, water and communities’ rights. Workers are demanding safe and well-paying jobs in better, cleaner industries. Women’s rights activists are putting forward a wealth of feminist solutions. Religious leaders are calling on us to protect communities and nature. Scientists are gathering and sharing evidence to guide us out of the crisis. We know the challenge, and the answers are there. Solutions are available now, including renewable energy sources, respect for fundamental rights and traditional knowledge, and a true focus on the needs of the people over corporate greed. All of our organisations work on climate change already, some more explicitly than others. But now is the moment for us to connect the dots between our causes and join forces. A climate emergency is upon us, and we must act now. Environmental human rights defenders, Indigenous Peoples and local activists have long risked everything to fight environmental degradation. They are now joined in their struggle by growing mass movements such as the school climate strikes, Extinction Rebellion and campaigners calling for a Green New Deal. In this new era of climate activism, the human rights community cannot remain on the sidelines. It is more urgent than ever that we step up by working together to protect the communities and individuals on the frontlines of the climate struggle. That is why 150 non-governmental leaders and activists from different communities are coming together on September 18 and 19 for the ‘People’s Summit on Climate, Rights and Human Survival’. Our organisations will be there along with the United Nations Human Rights Office to support people demanding immediate and ambitious climate action from their governments to protect communities. We believe in unleashing the potential of a diverse movement to safeguard present and future generations. We are united to demand climate justice. Confirmed signers: Astrid Puentes, Co-Executive Director, Interamerican Association for Environmental Defense (AIDA) Bridget Burns, Director, Women’s Environment and Development Organization Carroll Muffett, President and CEO, Center for International Environmental Law Chris Grove, Executive Director, ESCR-Net Ellen Dorsey, Executive Director, Wallace Global Fund Gillian Caldwell, CEO, Global Witness Iago Hairon Souza, Coordinator, Engajamundo Jennifer Morgan, International Executive Director, Greenpeace International Kumi Naidoo, Secretary General, Amnesty International May Boeve, Executive Director, 350.org Phil Bloomer, Executive Director, Business & Human Rights Resource Centre Philip Alston, Center for Human Rights and Global Justice Chair, New York University Sharan Burrow, General Secretary, International Trade Union Confederation Sofia Monsalve, Secretary General, FIAN International Steve Trent, Executive Director, Environmental Justice Foundation Thalita Silva e Silva, Coordinator, Engajamundo

July 06 2019 Climate Change, Human Rights

The GCF should thoroughly assess the policies and practices of the BNDES and require conditions for its accreditation

The Board of the Green Climate Fund (GCF) is considering an application for accreditation of the Brazilian National Development Bank (BNDES, Banco Nacional de Desenvolvimento Econômico e Social). The accreditation process of the BNDES is an opportunity to strengthen the Bank’s policies and procedures designed to identify, address and remediate environmental and social impacts linked to its activities and operations. With the new administration of President Jair Bolsonaro, Brazil is suffering severe setbacks in its environmental, social and climate policies and agenda. Brazilian environmental agencies are being dismantled, while renowned and effective mechanisms such as the Amazon Fund are at risk of becoming inoperative or even eliminated. In such a context, the effectiveness of the country’s environmental and social (E&S) governance and its instruments, agencies and institutions, risks being severely undermined. In order to fulfil its mandate to promote a paradigm shift towards low-emission and climate resilient development pathways within the context of sustainable developmentthe GCF should ensure that local systems and institutions are adequately equipped to deliver the sustainability outcomes intended by the Fund. The GCF should carefully assess BNDES’ existing E&S policies and procedures and ensure that approval is conditioned upon commitments and measurable steps by the Bank, with political support from the Brazilian government, to further strengthen its policies and procedures to address following shortcomings related to: Disclosure of environmental and social (E&S) information; Design of E&S policies and monitoring tools; Human rights standards and the rights of indigenous peoples and other traditional communities; Grievance mechanism; Commitments concerning climate change. Read the full statement here

June 20 2019 Indigenous Rights, Human Rights

International tribunal supports indigenous struggle for the Amazon

“The most beautiful jungle in the world,” wrote Alcides D’orbigny, a French biologist, of the Isiboro Sécure Indigenous Territory and National Park (known locally as Tipnis, for its Spanish initials) in the 1830s. Located between the departments of Beni and Cochabamba, Tipnis is a natural protected area that extends over 12,363 square kilometers of Bolivian Amazon. It’s one of the world’s most biodiverse sites and home to many indigenous cultures—among them the Mojeño Trinitarios, the Tsiman and the Turacaré. Despite its recognition as a National Park and Indigenous Territory, the area has for decades been threatened by a proposed highway that would effectively divide it in two. The construction would cause grave social and environmental damages, some of which have already occurred—two of three proposed stretches of road have already been built. As long as the highway has been proposed, the indigenous people of Tipnis have stood strong in their resistence, calling to protect the rainforest and the life it holds. Their efforts paid off last month in a precedent-setting legal victory for the protection of human rights and the environment. The International Rights of Nature Tribunal ruled that the Bolivian State had “violated” the rights of nature and of the indigenous people that inhabit Tipnis by encouraging the highway’s construction. The Tribunal was created in April 2010 at the People’s Conference on Climate Change and the Rights of Mother Earth, when the Universal Declaration of Rights of Mother Earth was also signed. Its role is to establish and investigate any violation of the rights outlined in the Declaration and found in the internal laws of each country. The Tribunal determines whether there was a violation and, if so, who was responsible. It emits recommendations, advisory opinions, and can determine provisional measures. Indigenous defense of the Bolivian Amazon The proposed highway through Tipnis has spurred strong indigenous resistance, and has also caused great suffering. The most painful incident happened in 2011 when more than 100 indigenous people marching on La Paz, headquarters of the Bolivian government, were brutally repressed by police. Despite the conflict, that demonstration achieved the enactment of a law that bestowed the national park the status of “intangible zone” or absolute reserve. Unfortunately, six years later, that law was null and void when the government enacted a new law through more expeditious process. Tipnis indigenous representatives denounced this and other acts before the International Rights of Nature Tribunal, which agreed to consider the case in January 2018, and then sent an international commission of observers to visit the zone and interview stakeholders. Indigenous representatives denounced that, despite being a single roadway, the project was actually presented separately, in three separate phases. Currently, only the final section remains unconstructed. Other irregularities included the awarding of the project to a Brazilian company without first completing an environmental impact assessment, and the lack of adequate consultation with affected indigenous communities. The Tribunal's sentence, issued May 15, finds the Bolivian government responsible for rights violations and calls for immediate compliance with measures including: Definitively stopping of any progress on construction; Recognizing the faculties of indigenous peoples to guarantee their control in Tipnis, including territorial autonomy and the right to prior consultation; Annuling a law that removed the status of intangible zone from Tipnis; Stopping the advance of colonization toward the central zone of the national park; Canceling plans for oil expansion on the site; Effectively applying the law to guarantee the protection of the rights of Mother Earth; and Guaranteeing indigenous peoples their fundamental role as defenders of Mother Earth. What’s next for Tipnis? Although the Tribunal’s judgment is not binding, it is a precedent established by a recognized and ethical court. For this reason, the Coordinator of Indigenous Organizations of the Amazon River Basin—an international indigenous organization—announced it would use the ruling as an instrument of proof to bring the case before the Inter-American Commission on Human Rights. The situation in Tipnis is complex. While construction of the missing section was suspended after losing credit for its execution, some actors continue to defend the road as fundamental to connecting the center and the north of the country, facilitating access to basic services and other development opportunities for the communities of Tipnis. The other side of that argument is the extensive environmental degradation to an area rich in biodiversity—acknowleding that the road would be just the beginning of activities within the protected area. I don’t believe anyone has the absolute answer. And so my analysis isn’t about making a value judgment, but about complying with the law, which resides in reason and justice. Although part of the road is constructed, there is much more to go, and so the resistance continues. The Tribunal’s decision can and should be used as an added impulse toward protecting the land. In the end, every effort is worthwhile knowing that the destruction of such a valuable natural ecosystem represents a point of no return.

May 20 2019 Climate Change, Fracking, Freshwater Sources

Is the UN finally turning against fracking?

The world is divided over the issue of fracking, a fact that is (at times painfully) apparent in the United Kingdom (UK) where I grew up. Four separate countries make up the UK. Of them, England is the only nation that still allows hydraulic fracturing; Scotland, Wales and Northern Ireland (along with a host of other countries worldwide) have banned the controversial process. Despite earthquakes linked to fracking in areas of the country where such things are virtually unheard of—plus waves of protests, controversy and opposition campaigns— the British government has so far refused to change its position. However, a recent United Nations recommendation to the UK may signal the beginning of the end for fracking in England and, hopefully, around the world. Fracking and the United Nations Until recently, the UN has appeared to have a complicated relationship with fracking. Several different UN bodies have made conflicting statements about the benefits of, and issues with, this means of energy production. In early 2018, the UN Conference on Trade and Development released a report that, according to one of its authors, did “not [say fracking] is good or bad,” but rather that each project’s cost/benefit analysis was dependent on a number of context-specific factors. The report cited positive aspects of fracking, calling it a useful “bridge fuel” for States aiming to move towards more environmentally-friendly renewable power sources, alongside it’s disadvantages. This argument is not viable since the environmental impact of hydraulic fracturing is even greater than that of conventional gas and oil exploitation. Over the last few months, however, it seems the UN has been hardening its position against fracking, particularly given its negative climate change impacts in the context of the Paris Agreement, the intergovernmental treaty in which nations have committed to taking ambitious steps to keep global warming below 1.5 degrees centigrade with respect to pre-industrial levels. Since October 2018, there have been 2 UN recommendations issued against fracking. In the UK, the government was urged to consider a complete and comprehensive ban on fracking; and in Argentina, the government was urged to reconsider the development of a large fracking project. The dangers of fracking Although for its promoters fracking has led to a huge spike in oil and gas production around the world—perhaps most notably in the US—its use has come at great environmental cost, particularly with regards to air quality and water supply due to the amount of water used in the process and its consequent contamination. Fracking releases large quantities of methane, a greenhouse gas whose global warming potential is 86 times greater than carbon dioxide over a 20-year period, according to the Intergovernmental Panel on Climate Change. In addition, the release of this gas can be hugely detrimental to the air quality surrounding fracking sites. Fracking also leads to increased earthquake risks due to the high pressure used to fracture layers of shale rock and extract oil and gas from it. In its recommendations to the UK and Argentina, the UN has clearly stressed the dangers of fracking. The key reason behind its recommendation to Argentina to reconsider the fracking project was its effect on climate change, especially in light of the Paris Agreement, and “the negative impact [that the project would have] on global warming and on the enjoyment of economic and social rights by the world’s population and future generations.” In its recommendation to the UK, it was noted that women in the UK are “disproportionately affected by the harmful effects of fracking, including exposure to hazardous and toxic chemicals, environmental pollution, and climate change.” Stopping the spread of fracking While operational in certain areas of the world, and being banned in others, fracking is advancing rapidly in Latin America. In the face of increasing global energy demand, it is crucial that the region, and the international community as a whole, commits to developing only truly sustainable energy projects. Fracking is not one. I believe the UN’s recent change in tone on fracking is a positive advance that should inspire both Argentina and the UK to react accordingly. From a personal point of view, I hope the UK heeds the growing evidence about the dangers of fracking and abandons the practice immediately. For Latin America, and other regions facing fracking’s blind advance, there are many countries to hold up as examples of how to confront the controversial practice. That’s why AIDA recently published a report highlighting the arguments and mechanisms that have been used around the world to restrict fracking and avoid its negative impacts on people and the environment. It is crucial that these impacts be properly considered as we take the ambitious steps needed to create an energy matrix that can solve the world’s energy needs without violating human rights, destroying our common goods, or worsening the catastrophic impacts of the climate crisis.