Human Rights

Toxic Pollution, Climate Change, Human Rights

Clean air and climate justice: the best gifts for our children

Today Mexico celebrates Children’s Day. The best gift we can give to millions of boy and girls is clean air and climate justice. It’s the only thing I want to give to my children that, sadly, I can’t, at least not this year. Mexico City, where we live, has had bad air quality 112 of the 120 days of 2019, thus far.  Those of us who live in this city have suffered from contamination, particularly over the last month; three “environmental contingencies” (air pollution alerts) for ozone were declared for a total of seven days.  In recent years, contingencies have occurred during peak ozone season—February 15 to June 15—a period in which tropospheric ozone (present in the air we breathe) exceed the maximum levels allowed by Official Mexican Law. This gas, present throughout the year, rises when the burning of fossil fuels by vehicles and industries is compounded by changing weather conditions: less rain and winds, and more solar radiation. This prevents the air pollution that we produce from dispersing into nearby areas. Increased ozone causes serious damages to the environment and public health, particularly to children. According to the Pan American Health Organization, ozone in the air can affect lung function, making breathing difficult. Thus, the group most vulnerable to contamination also includes people with respiratory diseases, older adults and athletes. Authorities recommend that the people, particularly vulnerable groups, abstain from outdoor activities during the contingencies, particularly between 1:00 and 7:00 p.m. Other measures include increasing vehicle restrictions and reducing the consumption of liquefied petroleum gas. Despite its harsh realities, ozone season is not a new or surprising phenomenon, nor is it normal. It shouldn’t be normal for parents to resign ourselves to its presence, to birthday parties indoors and not letting our children go to the park with their friends.  I understand the impossibility of controlling the rain, sun and wind; but ozone is another story. There are clear measures that could and should have been implemented years ago to prevent the ozone season from being unavoidable in Mexico City. Already fully identified, they include: improving the quality of gasoline, vehicular technology and fixed sources; ensuring safe and adequate public transportation and bicycle infrastructure; and effectively controlling fleets of private and public transport.  Until now, these actions have been incomplete, inefficient and unable to solve the underlying problem. But the improvement of air quality during gasoline shortages has demonstrated that such solutions are possible. What’s more, actions aimed at reducing air pollution could have a double benefit. Tropospheric ozone is a greenhouse gas that aggravates climate change. It is a short-lived climate pollutant that stays in the atmosphere for only a few weeks, meaning that actions to control it have an almost immediate effect on public health, ecosystems and the climate. Therefore, in addition to improving the health of millions of people living in cities, Mexico has the opportunity to fulfill its international obligations on climate change. Diminishing ozone season requires the urgent and structural change of public policies, laws and their application. New standards must include a human rights perspective that prioritizes public interest and the health of children, and others, above vehicular mobility. While the development and implementation of these measures may not be easy, it’s essential we take the first steps toward the results we want to achieve.  Government efforts require the support of our entire society. Companies must contribute to the implementation of solutions, acting with due diligence. Academics, civil society organizations, trade unions and other sectors must contribute with our knowledge and participation to ensure that the plans and programs are ambitious and effective, and that they promote a just transition. Every resident of the city has a duty to contribute. A few weeks ago, Professor David Boyd, the United Nations Special Rapporteur for Human Rights and the Environment, published a report reiterating the obligation of States to guarantee the right to clean air, and the duty of companies to contribute. The report has recommendations related to tropospheric ozone that could be very useful for Mexican authorities. The enjoyment of clean air is a right that has yet to be met. Today almost two million children (from 0 to 14 years old) live in Mexico City, including mine. They and a large part of the more than 35 million children across the country could enjoy clean air; most live in cities and towns with air quality problems. According to organized trade, the celebration of Children's Day in Mexico involves an expenditure of 17 billion pesos ($900 million dollars) in gifts, an amount that could be used for authorities, companies and individuals to implement actions to ensure that the children of the country have something much more valuable: the ability to breathe air that does not endanger their health. This would be aligned with the goal of those who instituted the celebration of Children's Day in Mexico in 1924, and with the intention of the United Nations to establish one day a year to honor the importance of children's rights. Air pollution is, unfortunately, a regional and a global problem. Peru and Colombia also celebrate their children this month. Since their cities are among the most polluted in Latin America, what is reflected here can also be applied to those countries, and the continent as a whole. My gift for my children this year will be to continue working for better air quality in Mexico City, and to collaboratively build a future—hopefully a not-so-distant one—in which climate justice is a reality.  

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Indigenous Rights, Public Participation, Human Rights

Listening to indigenous peoples to save the planet

More than 400 indigenous groups live throughout Latin America, many at home in the region’s protected areas, according to the United Nations Food and Agriculture Organization. Their ancestral knowledge of and connection to the natural world has been recognized as a way to guarantee a healthy environment and cope with climate change.  Yet society seldom listens to them to learn how to best protect our natural resources. Pu’amé is a Cora expression that means “you first.” It’s used to give way to someone, but also as an expression of respect when someone is talking; it’s a way of saying, “Continue, I’m listening.” Julián López, a Náyeri indigenous leader who speaks Cora, explains this to me in a meeting with members of rural communities in Nayarit, México. I’ve come to listen. During the meeting, pu’amé becomes a way of helping us pay attention and understand. To listen to representatives of indigenous communities is to confront a different worldview, particularly for those of us who exist in the urban, western world. While our way of life is focused on consumption and dependent on exploitation, indigenous communities see the Earth as a source of bounty that requires care and gratitude; it provides them with food and health. These conflicting visions have resulted in the incessant violation of indigenous rights, putting at risk not only their cultural integrity, but also their very lives. To achieve real dialogue with indigenous peoples, you must understand them, Julián tells me, while teaching me a few words in Cora. Opposing visions of development Representatives of rural Mexicanero and Cora communities from the upper and lower regions of the San Pedro Mezquital river basin have come to this meeting to discuss the Las Cruces hydroelectric project. Their concerns are many: if the dam, or any other sacred site, is constructed, what will be the fate of their children and their sacred sites? What will happen to the life of the river, the quality of the fish, and the natural balance? Odilión de Jesús López, also Náyeri, expresses his concern that authorities “don’t value that caring for nature is for the good of all.” He questions the pushback he has received for defending the river and his community’s sacred sites. “How do we use sacred sites? We bring offerings, and give thanks for the good in life.” Julián raises his hand and questions the conflicting ways of seeing development. “Development at what cost? We can’t compete with the way they see development, because what they see is money. We need to ask, what do we want in our villages?” Julián reminds us all that real wealth can be found in clean air, in a river full of fish. But he also speaks of something else: poverty. While it’s true that indigenous people want to protect their land and culture, Julián admits that inaction is not an option. There are families that can’t even fulfill their children’s basic needs: health, education and a balanced diet. But he also knows that won’t be achieved by destroying the world around them. “What if we were trained to use forests sustainably?” he suggests. The representatives of the lower basin, almost all Mexicaneros, agree with him. They want to learn how to use the resources available downstream to ensure steady work. Julián mentions something else that concerns us all: instability. He himself has been the victim of threats and harassment since he began opposing the dam. During a visit to Mexico, the United Nations Special Rapporteur on the situation of human rights defenders pointed out that indigenous activists and environmentalists are the most criminalized defenders. Their work is often related to large-scale mining, energy and infrastructure projects. Julián understands the situation of defenders throughout the region. He says that he doesn’t feel alone in the fight to protect the rivers, and he understands that risks are everywhere. “If they kill a defender in Colombia,” he says, “it harms us too.” Women and Mother Earth If the situation is complicated for indigenous men who seek to make their voices heard, it’s even more so for women who speak out in defense of their territory. Marcelina López, a Náyeri leader, speaks softly, glances down at her hands, and shares how difficult it’s been to fight for her community. Then, with a clear and strong voice, she explains, “The authorities treat me badly because I am indigenous and a woman. Of course, we are poor and indigenous; but we are rich because of Mother Earth.” Marcelina speaks of the little they have been consulted for development projects, of the purchase of consent through municipal services, and of the constant discourse that indigenous people don’t know how to see “beyond,” to see progress. “What they don’t understand is that we choose not to exploit some things because we are afraid of contaminating, and the river always comes first,” she explains. Gila de la Cruz, also Náyeri, timidly agrees with Marcelina. She tells us that, as a woman, she’s only been consulted on issues related to children. She says she has an opinion about the river, the services in her community, and the production of food; she mentions a drainage project that she and a large portion of her community disapprove of. She asks us not to misunderstand her, but she believes things shouldn’t happen just because they’ve always been done that way. She’s worried that they haven’t explained everything. “What happens after they put the tubes in? Where does the water go, to the river? Why can’t we reuse the water?” Gila’s complaint makes sense: the river could be at risk, the authorities don’t explain what they're doing, and then they scold her for questioning them. “There are other options, I've seen them,” she says. “There are ways to be more sustainable and not contaminate the water. " Angry now, she says that her opinions have not been heard because she is a woman. Why we must listen to indigenous voices All the representatives agree on one thing: they do not want to be seen as a closed opposition, without the desire to have a better life. They’re merely asking for dialogue. Among their activities as peasants, artisans and fishermen, they’ve made time to organize themselves, to learn about their rights, to master a language that is not their own, and take their concerns to the relevant institutions. They all agree that there are sustainable ways to better their quality of life without affecting the environment. Julián hopes that, ultimately, indigenous groups and authorities can reach a mutual understanding. “Can we all work together—organizations, governments and indigenous peoples? I think so,” he says. Julián asks for training; he wants to learn about infrastructure, and about a socially responsible economy. Gila and Marcelina have dedicated themselves to seeking more sustainable options to produce their food, to build something, to be healthy. "We just need to be taught," Gila says. Humanity is going through a period in which it's become necessary to question all our schemes: our ways of consumption, of using resources, of seeking comfort. Indigenous peoples have lived for centuries in a much more sustainable way than societies constructed under the ethos of the industrial revolution. They offer us, in many ways, examples and opportunities to learn again, to change and to improve. "One day there will be a public space where there is no fear, where I can say anything," Gila says. She speaks about progress made in recent years, noting that they’ve been slowly gaining space.  "They should start listening to women,” she says. “They think we should be at home, but we’re here, organizing." Marcelina adds, with satisfaction, "This is how you feel when you’re fighting for your life.”  

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Indigenous Rights, Mining, Human Rights

How Brazil is threatening indigenous and environmental rights

With the new presidency, Brazil has entered an unfortunate period of changes—to legislation, governmental structure, and foreign and public policy—that will set the nation back decades on the issues of climate, the environment and human rights. The new administration has made a host of extremely questionable decisions that signal the weakening of guarantees for indigenous peoples in Brazil, the Amazon, and the environment as a whole. Some of the reforms that most stand out include: The transfer of the Ministry of the Environment’s most important functions to the Ministry of Agriculture. The weakening of governmental entities responsible for monitoring cases of environmental crimes. The transfer of responsibility for demarcating indigenous lands from the National Indian Foundation (FUNAI) to the Ministry of Agriculture. The suspension of contracts signed between state entities and civil society organizations. The weakening of the process for granting environmental permits. Continuous threats to withdraw Brazil from international agreements on the protection of the environment and indigenous peoples, including the recent threat to leave ILO Convention 169. These changes seem to be just the beginning, and the outlook could worsen at any moment. The latest move to undermine environmental protection in Brazil is the apparent opening of indigenous lands to large-scale mining projects. In March, Brazil’s Minister of Mines and Energy announced to attendees of one of the largest global mining events (the annual convention of the Prospectors & Developers Association of Canada) that he would seek authorization for mining activities in indigenous and border areas. He stated that indigenous peoples would not have the autonomy to prevent the installation of mines in their territory. The State’s priority, this move implies, will be to promote irresponsible development over the protection of human rights. How mining threatens indigenous lands Last year, a government decree (Decree 9406) established drastic changes and new flexibility for mining activities, including successive extensions for permits in the event of lack of access, lack of consent or permission of the environmental agency, and the consideration that mining's foundations are the national interest and public utility. But mining itself is not in the national interest, since it implies great environmental damage and throws ecosystems out of balance. It must instead be recognized as a high-risk activity that causes destruction and contamination. Brazil has been incapable of safely regulating mining activities. We need only think of the rupture of two dams of mining waste in less than four years in the state of Minas Gerais. The first case in Mariana is considered the greatest environmental tragedy in Brazil’s history, and the second, earlier this year in Brumadinho, resulted in 197 deaths and 111 missing persons. If the government’s need for mining is undeniable, so is the need for stricter controls, the use of safer techniques, and a serious national assessment of the viability of each and every mine. Given the serious environmental damage associated with mining, its implementation on indigenous lands implies transferring those damages to a minority and vulnerable population that depends directly on the health of the environment for its physical and cultural survival. Indigenous communities have the constitutional right to be heard on projects that may affect them; some communities have even created protocols on how they want to be consulted. To build a mine against the will of a community is to violate their rights to life, to self-determination, to autonomy, to culture, to not being forcibly displaced, to benefit from their native territories, and to a healthy environment, among many others. The statements of the Minister of Mines and Energy represent a complete lack of commitment to the fundamental rights established in the Brazilian Constitution, as well as to internationally recognized human rights. They reveal a singular intention to appease investors, particularly the Canadian company behind the Belo Sun mining project, which seeks to mine indigenous lands already impacted by the construction of the Belo Monte Dam. In defense of indigenous peoples Mining on indigenous lands is not yet adequately regulated in Brazil. What the country needs is for Congress to approve a law that respects the fundamental rights of indigenous communities and protects their lands, while including communities in the process. The setbacks posed by the current administration have only strengthened the resistance of indigenous communities, and those of us who support them. Civil society organizations like AIDA are committed to defending human rights, safeguarding indigenous territory, and holding governments and corporations accountable whenever they pose a threat.  

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Large Dams, Indigenous Rights, Human Rights

Statement on the Assassination of Dilma Ferreira Silva, leader of Brazil’s Movement of Dam-Affected Peoples

In the face of the brutal crime committed on March 22nd against a coordinator of the Movement of Dam-Affected Peoples in Brazil, the undersigned human rights and environmental organizations call on Brazilian authorities and multilateral organizations to ensure that the country’s obligations regarding the protection of human rights and environmental defenders are enforced. With deep sadness and indignation, we received the news that Dilma Ferreira Silva, a regional coordinator of Brazil’s Movement of Dam-Affected Peoples (MAB), together with her husband Claudionor Costa da Silva and Hilton Lopes, a friend of the family, were assassinated on Friday, March 22nd in the Amazonian state of Pará. The bodies of the three victims were found in her residence with signs of torture. Dilma Ferreira Silva was a prominent activist and recognized leader who, for more than three decades, fought for the rights of the people affected by the Tucuruí mega-hydroelectric dam project on the Tocantins River of the Brazilian Amazon, built during the country’s military dictatorship 1964-1985), provoking the displacement of an estimated 32,000 people, along with serious environmental damage. This is not the first case of a brutal murder perpetrated against a human rights defender in the region of the Tucurui dam.  In April 2009, Raimundo Nonato do Carmo, a union leader who fought on behalf of those whose lives were ruined by the Tucuruí dam was shot seven times by two men on a motorcycle as he walked out of a supermarket on the street in which he lived in the town of Tucuruí. Dilma dedicated her life to promoting national policies that would effectively take into account the rights of dam-affected peoples, with due attention to gender issues that particularly affect the rights of women. Dilma Ferreira lived in the rural settlement of Salvador Allende, where land titles were issued for family farmers by the federal government in 2012, as a result of a popular mobilization of the Movement of the Landless Workers (MST), with support from MAB.  However, the area continued to be coveted by land grabbers (grileiros) that invade and seize control of public and community lands.  One such example is Fernando Ferreira Rosa Filho (aka ‘Fernandinho’) arrested by the civil police force of the state of Pará as the principal suspect in the triple homicide of Dilma Ferreira, Claudionor Costa da Silva and Hilton Lopes. The assassination of Dilma Ferreira Silva is evidence of the grave situation faced by human rights and environmental defenders in Brazil, a country that tops the global ranking in violence practiced against defenders, with one person murdered every six days in 2017. The incoming administration of President Jair Bolsonaro has intensified recent attempts to undermine Brazil’s progressive legislation on environmental protection and human rights - especially those of indigenous peoples, quilombolas (descendants of African slaves), family farmers and other traditional populations.  Such attempts have often clashed with Brazil’s progressive Federal Constitution, approved in 1988 during a period of redemocratization that followed military rule. Backsliding on public policies, together with public statements that incite violence in conflictive areas, are seriously increasing the risks faced by human rights and environmental defenders such as Dilma Ferreira Silva. The undersigned human rights and environmental organizations express our solidarity with the family of Dilma and the Movement of Dam-Affected Peoples (MAB). Without a doubt, her assassination is a huge loss for the defense of the environment and human rights in the Amazon. We stand with the UN High Commissioner on Human Rights in demanding a complete, independent and imparcial investigation of the assassination of Dilma Ferreira Silva, as well as the exemplary punishment of those that carried out and ordered this horrendous crime. Moreover, we call on Brazilian authorities to ensure that the country’s domestic legislation and international obligations regarding the protection of human rights and environmental defenders are fully implemented, including preventative action to avoid further acts of violence. Signed,   1. 350.org 2. Aborigen-Forum 3. AMAR - Associação de Defesa do Meio Ambiente de Araucária 4. Amazon Watch 5. APREC Ecossistemas Costeiros 6. Arctic Consult 7. Articulação Antinuclear Brasileira 8. Asociación Interamericana para la Defensa del Ambiente - AIDA 9. Associação Mineira de Defesa do Ambiente – Amda 10. Association green alternative Georgia 11. Association of Journalists-Environmentalists of the Russian Union of Journalists 12. BAI Indigenous Women's Network in the Philippines 13. Bank Information Center (BIC) USA 14. Biodiversity Conservation Center 15. Both ENDS 16. Bretton Woods Project 17. Buryat Regional Association for Baikal 18. Business & Human Rights Center 19. Center for International Environmental Law - CIEL 20. CIDSE - International family of Catholic social justice organizations 21. Coalition for Human Rights in Development 22. Colegiado Mar RBMA/Reserva da Biosfera da Mata Atlântica - Grupo Conexão Abrolhos -Trindade 23. Coletivo de Mulheres do Xingu 24. Coletivo de Mulheres Negras de Altamira 25. Comisión Ecumenica de Derechos Humanos 26. Comité Ambiental en Defensa de la Vida 27. Conectas Direitos Humanos 28. Conseil Régional des Organisations Non Gouvernementales de Développement en RDC 29. Conselho Indigenista Missionário - CIMI 30. Corporación SOS Ambiental 31. Crescente Fértil 32. Derecho Ambiente y Recursos Naturales - DAR 33. Derechos Humanos y Medio Ambiente - DHUMA 34. Derechos Humanos y Medio Ambiente de Puno - Perú 35. DKA Austria 36. ECOA - Ecologia e Ação 37. Ecological Center DRONT 38. Ecolur Information NGO 39. Environmental Investigation Agency 40. Fastenopfer Switzerland 41. Focsiv - Federation of Italian Christian NGOs 42. Fórum em Defesa de Altamira 43. Foundation Sami Heritage and Development 44. Frente por uma Nova Política Energética para o Brasil 45. Front Line Defenders 46. Fundação Avina 47. Fundação Grupo ESQUEL 48. Future for Everyone 49. Global Witness 50. Green Dubna 51. Green Peace Brasil 52. ONG Guajiru 53. In Difesa Di - per i Diritti Umani e chi li difende 54. Indigenous Peoples Movement for Self-determination and Liberation (IPMSDL) 55. Instituto Igarapé 56. Instituto Terramar 57. Institutos Ethos 58. International Indigenous Fund for Development and Solidarity "Batani" dos EUA 59. International Land Coalition Secretariat 60. International Rivers 61. Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas (Katribu national alliance of indigenous peoples in the Philippines) 62. Kazan Federal University 63. Latin America Working Group 64. London Mining Network 65. Lumiere Synergie pour le Developpement 66. MAB - Movimento dos Atingidos por Barragens 67. Maryknoll Office for Global Concerns 68. MISEREOR 69. Movimento Nacional de Luta pela Moradia (MNLM) 70. Movimento Negro 71. Movimento Paulo Jackson - Ética, Justiça, Cidadania 72. Movimento Tapajós Vivo 73. Movimento Xingu Vivo para Sempre 74. Movimiento de Afectados por Represas de America Latina - MAR 75. O Movimento Nacional das Cidadãs Posithivas (MNCP) 76. Oyu Tolgoi Watch 77. Pax Christi - Comisión Solidaridad Un Mundo Alemania 78. Pax Christi Internacional 79. Pax Christi Toronto 80. Projeto Saúde e Alegria 81. Protection International 82. Public Interest law Center (PILC/CHAD) 83. Red de Comités Ambientales del Tolima 84. Red de Género y Medio Ambiente de México 85. REDE GTA 86. Resource Rights Africa da Uganda 87. Rivers without Boundaries International Coalition 88. Rivers without Boundaries - Mongolia 89. SAPÊ - Sociedade Agrense de Proteção Ecológica 90. SCIAF - Scottish Catholic International Aid Fund 91. Serpaj Chile 92. Siberian Environmental Organization 93. Socio-ecological Union International 94. Tatarstan Organization of the All-Russian Society for the Conservation of Nature 95. Terra 1530 96. The Canadian Catholic Organization for Development and Peace/Caritas 97. The Society for Threatened Peoples International STPI - Gesellschaft für bedrohte Völker-International, GfbV-International 98. The Volunteer Movement Save Utrish 99. Toxisphera - Associação de Saúde Ambiental 100. Tutela Legal Maria Julia Hernández 101. Uma Gota no Oceano 102. Uniafro Brasil 103. Washington Office on Latin America - Wola 104. WoMin African Alliance 105. World Wide Fund for Nature – WWF/Brasil  

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Freshwater Sources, Human Rights

Conserving our water, drop by drop

Water is powerful. Even the idea of not having it in our daily life disturbs us. Yet we so often take it for granted. Many of us believe it will flow indefinitely, without having to do anything to guarantee its presence. As if to prove how wrong we are, reality has been hitting us harder and more frequently.   In 2016, Bolivia suffered its worst drought in 25 years. Water scarcity affected five of the country’s nine departments, and a national emergency was declared. In the city of La Paz, seat of the federal government, the water cut-offs employed to confront the crisis led to some people having to subsist up to two days on only 50 liters of water. Bolivia isn’t an isolated case. Since 2010, central Chile has been experienced a mega-drought that is far from ending. And in 2018, the drought in Central America caused severe crop losses, putting the food of millions of people at risk. The causes of water shortages Water scarcity in Bolivia and other countries have common causes, problems that we must confront with urgency, such as: Climate change. Latin America is one of the world’s most vulnerable regions to climate change, which intensifies the water cycle, meaning the driest regions of the world are becoming even drier. Lack of long-term policies. Population growth has not been accompanied by policies for the more efficient use of water, or the better conservation of its sources. Inadequate water management. The management of water resources has not considered the growing demand on all sectors, the protection of natural sources, or the use of traditional and indigenous knowledge for conservation. Damages from extractive projects. An increase in mining activity in the region is contaminating rivers and using large quantities of water; fracking does as well. Large dams irreversibly damage important water basins. No culture of conservation. The growth of cities and the consequent growth of water consumption have not come accompanied with an increase in responsible citizenry. Best practices for water conservation It’s expected that the gap between water supply and demand in cities will reach 40 percent by 2030, so we must work quickly to implement good water management practices, including the following: Recycling wastewater from sewage systems, agriculture and industry. The reuse of water requires less energy than desalinization (which produces more toxic waste than water); it is also sustainable and profitable. Adopting solutions that take advantage of the natural processes that regulate the water cycle. They could be applied on a personal scale (for example, a dry toilet), at the landscape level (conservation agriculture that minimizes soil disturbance and uses crop rotation), or in urban environments (green walls and rooftop gardens). Harvesting rainwater and implementing better systems to store it would help reduce the impacts of future droughts. Applying appropriate environmental impact assessments would prevent the authorization of projects that threaten to damage natural sources of water supply. Motivating a change of mentality in key actors—those responsible for public policies, the private sector and consumers—would guarantee the availability and sustainable management of water. Humanity needs water, and for this year’s World Water Day, celebrated March 22, we join the focus on “leaving no one behind.” At AIDA we understand that water is a human right. That’s why we work to defend the ecosystems that provide our water from the damages of inadequately implemented mega-projects.  

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Mining, Freshwater Sources, Human Rights

Organizations ask the UN to intervene in the protection of the Santurbán páramo, at risk from mining

They request that the United Nations Special Rapporteur on the Rights to Drinking Water and Sanitation prepare a report on the case, visit the site, and support the Colombian government in taking the necessary actions to protect the ecosystem, an important source of water for millions of people, from the dangers of mining. Bucaramanga, Colombia. Civil society organizations in Colombia sent a communique to Léo Heller, United Nations Special Rapporteur on the Rights to Drinking Water and Sanitation. In it, they warn that their rights are at serious risk in the face of proposed mining projects in or near the Santurbán páramo, a water source for more than 10 municipalities and 3 large cities. They request that the Rapporteur prepare a report on the case, visit the site, and support the Colombian government in protecting that ecosystem. Actions and omissions by the Colombian government have allowed the development of mining projects that threaten the availability and quality of water provided by the páramo. The government’s protection of the páramo did not include the entire ecosystem, leaving a part of it unprotected, and did not allow for public participation. As a result, the Constitutional Court ordered the government to redo the process of delimiting the páramo. The submission details: the process of defining the boundaries of the Santurbán páramo; the importance of that process for the environment and the enjoyment of the right to water in Colombia; the legal framework for the protection of páramos in the country; and the development of projects in or near the site. It also outlines associated environmental impacts or threats, including a decrease in the quality and quantity of water, contamination due to the use of explosives, a decrease in air quality, an increase in noise level, and the permanent loss of habitats. Likewise, the submission details the impacts of Investor State Dispute Settlement (ISDS) claims on governmental decisions to protect their water sources. Several mining companies have tried for more than 15 years to extract gold from the Santurbán páramo. Some of those are Canadian companies, who are currently using this arbitration process to demand hundreds of millions of dollars from the Colombian government in compensation for their “lost” profits. The organizations ask that the Rapporteur monitor the situation in the Santurbán páramo and urge the Colombian government to comply with its international obligations in relation to the right to water. Find more information on the case here.  press contacts: Alix Mancilla, Comité para la Defensa del Agua y el Páramo de Santurbán, [email protected], +57 311 2439273 (Spanish only) Carlos Lozano, AIDA, [email protected], +57 300 56 40 282 Carla García, CIEL, [email protected], +1 202 374 2550 Kirsten Francescone, MiningWatch Canada, [email protected], +14373459881 Kristen Genovese, SOMO, [email protected], +31 65 277 3272  

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Mining, Freshwater Sources, Accountability and Transparency

World Bank Arbitration Tribunal Refuses to Listen to Those Affected by Mining in Santurbán, Colombia

The World Bank’s International Center for Settlement of Investment Disputes (ICSID) has declined to accept an Amicus Curiae that was to be presented by the Committee for the Defense of Water and the Páramo of Santurbán and allied international organizations. Bucaramanga, Bogotá, Washington, Ottawa, Amsterdam. National and international civil society organizations rebuffed the International Centre for Settlement of Investment Disputes’ (ICSID) refusal to accept an Amicus Curiae within the process of the ongoing international arbitration brought forth by Canadian mining company Eco Oro Minerals Corp. against Colombia. The arbitration centre is hearing the ongoing international arbitration put forth by the Canadian company in question against the Andean nation. The company is attempting to pursue its Angostura gold mining project in the Santurbán páramo, located in the northeast of the country. The arbitration questions the decisions taken by the Colombian State to protect its páramos, high mountain wetlands that are a natural source of water for 70% of its inhabitants. The arbitration is being heard at the ICSID, an organization dependent on the World Bank that is in charge of the resolution of disputes between investors and States. Colombia could be condemned to pay $746 million US dollars, an unprecedented sanction for the country. “At a time when Latin American countries are embracing the principles of environmental democracy with the adoption of the Escazú Agreement, ICSID is going in the opposite direction. It is regrettable that in the midst of the regional movement for transparency and participation, ICSID has opted to constrict itself even more. In doing so, it is only generating more anger and distrust, not only in the face of this mechanism, but also in the face of the whole system of Investor-State Arbitration worldwide,” stated Carla García Zendejas, Senior Attorney at the Center for International Environmental Law (CIEL). “The communities affected by mining in Santurbán have to be heard and can provide crucial elements for the case,” said Carlos Lozano, Senior AIDA Attorney. The organizations consider that the Committee for the Defense of Water and the Páramo of Santurbán has a significant interest in the outcome of the process and that they could have provided expertise to the arbitration tribunal, which would have been helpful for a better decision in the case. In the same way, they urge ICSID to expand citizen participation and make its decision-making processes more transparent. This is transcendental for the public interest of the countries whose governments are subject to its jurisdiction. Find more information on the case here.  PRESS CONTACTS: Alix Mancilla, Comité para la Defensa del Agua y el Páramo de Santurbán, [email protected], +57 311 2439273 Carla García Zendejas, CIEL, [email protected], +1 202 374 2550 Carlos Lozano Acosta, AIDA, [email protected], +57 300 56 40 282 Kirsten Francescone, MiningWatch Canada, [email protected], +14373459881 Kristen Genovese, SOMO, [email protected], +31 65 277 3272, Manuel Perez Rocha, Institute for Policy Studies, [email protected] +1 240 838 6623  

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Capacity Building, Indigenous Rights, Human Rights

How supporting women is linked to environmental justice

Although women lead struggles for the conservation of nature around the world, they are often excluded from decisions about the use of land, water and other natural resources. They’re disproportionately affected when inadequately implemented projects pollute air and water, or cause forced displacements and other damages. And they’re often more seriously impacted by climate change. In all of these cases, women—particularly indigenous women—are highly vulnerable to losing their way of life, their income, and their homes. At AIDA, we incorporate a gender perspective into our defense of the environment and human rights, recognizing that combating inequalities and differentiated harms is fundamental to achieving environmental justice in Latin America. “The gender approach allows us to defend the rights of women in an integral way, understanding that the risks and harms, as well as the policies needed to confront them, are different for men and women,” explained Senior Attorney Liliana Ávila. “Making this visible helps break through discrimination scenarios and effectively guarantee the right to equality.” Uplifting women’s voices Working with a gender focus, Liliana explained, has been a fascinating professional experience that has allowed her to understand how environmental damage affects men and women differently. She has listened to women explain how they view their territory, and what happens to it, distinctly from the men in their communities.   In Northwest Guatemala, in the micro-region of Ixquisis, the construction of the Pojom II and San Andrés dams has damaged water sources. It has spread diseases and harmed fishing and agriculture, subsistence activities for local communities, largely made up of indigenous Mayan women. “It’s necessary to promote methodologies and spaces that make women’s voices heard, that enable and strengthen their participation, that demonstrate the differentiated harms they face, and that promote change to guarantee their rights,” Liliana said. AIDA legally supports the resistance of the women of Ixquisis to the dam projects, both in national courts and before the Inter-American Development Bank, which finances the projects despite obvious conflict with its operating policies. Our work in Guatemala is possible thanks to the Global Alliance for Green and Gender Action (GAGGA), which supports collaboration between movements and grassroots organizations to strengthen their role in the defense and promotion of women's rights and environmental justice. Since 2016, GAGGA has provided funds to women's movements and environmental organizations at the national, regional and global levels in more than 30 countries across Latin America, Africa, Asia and Europe. Women’s role in environmental defense By working hand in hand with communities across Latin America, AIDA attorneys have a close knowledge of the fundamental role that women play in protecting the environment and building equitable societies. “In Nayarit, Mexico indigenous women are playing a key role in defense of their land, water and the San Pedro Mezquital River,” said Camilo Thompson, AIDA attorney in Mexico. “And in the Gulf of California, women are leading efforts toward proper fisheries management.” Claudia Velarde, an AIDA attorney in Bolivia, says that her country has recognized that peasant women produce more food, so their experiences, visions, and knowledge must be incorporated into public food policies. “Personally, it has been very enriching for me to work both with and from the perspective of women,” she explained. “I’ve have had the opportunity to meet incredible women fighting to defend their territories from extractive activities like fracking. It’s helped me understand that the impacts of a single activity are experienced quite differently according to socially assigned gender roles.”   

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Coral reefs, Fracking, Indigenous Rights

10 environmental successes from Latin America in 2018

  This year was characterized by triumphs such as the creation of legal protections and the establishment of policies favorable to the environment and human rights in the region. Rarely in a single year do we see so many precedent-setting institutional advances. What follows are 10 stories we applaud from 2018: 1. For the first time, the Inter-American Court recognized a healthy environment as “fundamental” In its first time speaking on the subject, the Court concluded that a healthy environment is an autonomous right, “fundamental to the existence of humanity.” The relationship between the environment and human rights may sound obvious, but until February of this year, when the Court’s opinion was made public, there were no precedents of this magnitude recognizing the link. The opinion responds to a query made by Colombia. In it, the Court also recognizes that climate change impacts the enjoyment of human rights, especially among the most vulnerable populations. The OC-23, as it is known, established a historic precedent for the protection of human rights in the Americas and will be an important tool for environmental justice in the region. Learn more 2. Nations adopt the first regional treaty on environmental issues Over the course of the year, 16 nations have signed the Escazú Agreement. Not only is it the first treaty on environmental issues in Latin America and the Caribbean, it is also the first in the world to include provisions on human rights defenders in environmental matters. Its main objective is to guarantee the rights of access to environmental information, public participation in environmental decision-making processes, and justice in environmental matters. Learn more 3. Parrotfish receive special protection in Mexico Schools of colorful parrotfish feed on the macro algae that compete with coral for light and oxygen, helping to improve coral health. But overfishing and other factors have caused parrotfish populations to decline, placing corals at greater risk. In an effort to protect this key ally of the reefs, 10 species of parrotfish are in the process of being included in the Mexican government’s list of protected fauna. Learn more 4. Indigenous peoples recognized in climate finance Following years of work by indigenous peoples around the world, the Green Climate Fund approved an Indigenous Peoples Policy with the objective of protecting, recognizing, respecting and promoting their rights within the financing of climate projects. The decision was received with hope in a world that requires immediate actions to mitigate and adapt to climate change. This sort of policy helps to prevent climate finance from violating the rights of the most affected populations. Learn more 5. A regional plan to protect jaguars Conservation organizations teamed with 14 nations to launch Plan Jaguar 2030 with the intention of protecting corridors, or natural routes, linking populations of the largest carnivore in Latin America without natural predators. Jaguar populations extend through 18 countries, but are rapidly diminishing due to poaching, habitat fragmentation, and conflict with human activities. In El Salvador and Uruguay, they have been declared extinct. The plan provides hope for jaguar protection across borders. Learn more 6. Colombia says no to fracking pilot tests The Colombian Environmental Licensing Authority (ANLA, for its initials in Spanish) denied permission for ConocoPhillips to carry out the first hydraulic fracturing pilot tests for the extraction of hydrocarbons in San Martin and Aguachica, in the department of Cesar.  ANLA argued that the information presented by the corporation was “insufficient” to understand the management and availability of water, and also questioned its environmental evaluation and contingency plan. For now, the initiative is archived. Continuing to bet on fossil fuels moves nations further away their climate goals; it is important to commit to a clean energy transition. Learn more 7. A region fight against fracking reaches the Inter-American Commission Organizations and communities from across the region joined forces to bring before the Inter-American Commission on Human Rights cases of human rights violations and threats to the environment caused by fracking. After various local struggles, this was the first time that the damages documented in nations across the Americas were presented before a regional organization. The Commissioners responded with great interest to the testimonies presented. Regarding this issue, the new government of Mexico said there will be no more fracking in the nation. Learn more 8. A treaty to protect two-thirds of the ocean Following a decade of discussions, negotiations began at the United Nations for a legally binding treaty to protect biodiversity on the high seas, those marine areas outside of national jurisdictions. Negotiations will take place until 2020. Although the high seas represent 64 percent of the total surface area of the ocean, and the ocean absorbs 90 percent of the heat caused by global warming, no overarching treaty exists to protect this ecosystem, only fragmented regulations. Learn more 9. Chile closes the Pascua Lama mine In October Chilean authorities confirmed the definitive closure of Pascua Lama, a gold mining project on the border of Chile and Argentina. Barrick Gold, the company in charge of the project, was fined for 33 violations of Chilean environment regulations. Pascua Lama caused great damage to native plants and animals. Indigenous peoples of the region—who had documented the contamination of a river and impacts on glaciers, an important water source—celebrated the decision. Activists are now seeking to stop the project on the Argentina side of the border. Learn more  10. Argentina’s creation of National Parks breaks record Just before the end of the year, Argentina announced the creation of two marine protected areas: Yanganes, south of Tierra del Fuego, and Namuncurá-Burdwood Bank II, in the south Atlantic. Both are important sites for the breeding and spawning of fish with high commercial value. With this pair, the country added six natural areas declared as national parks in 2018 alone, a truly historic effort. The other parks include: Traslasierra, Aconquija, Ciervo de los Pantanos and Iguerá. Argentina has proposed the protection of 10 percent of its seas by 2020. Learn more  

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Climate Change, Human Rights

Why we’re working for climate justice in Latin America

“The world has many problems, but to me none seem as ubiquitous or as dangerous as climate change,” says AIDA attorney Florencia Ortúzar. “It really is the great challenge of our generation.” At AIDA we understand the magnitude of the problem. That’s why we incorporate climate justice as a key concept in all our lines of work. It’s why we advocate for sustainable development that respects the environment and the rights of vulnerable communities and, at the same time, why we work to stop climate-aggravating activities. “What motivates me to fight climate change is my awareness of the huge problem we’re facing, and my steadfast determination—I know we can’t give up,” Florencia says. She shares that motivation with AIDA’s entire team of attorneys, scientists, communicators, fundraisers and administrators. When she was a child, Florencia received a very special gift from her father: a badge that said “world saver.” That very day, on a beach in her native Chile, Florencia hooked the badge to her clothes and began picking up trash, cleaning the beach. That small gift jumpstarted her life’s mission. Florencia went on to study law, with the goal of working for the protection of forests, rivers, animals, and all the elements of the natural world. “Luck was with me when I found AIDA, the organization that has trained me and has enabled me to make my contribution to a better world,” she says.  Florencia is part of AIDA’s Climate Change program. Our objective is to help Latin America—one of the regions most vulnerable to the climate crisis—be a leader in the type of changes required on a global level to avoid catastrophe. In partnership with allied organizations and hand-in-hand with communities, we work to stop the blind advance of fracking and large dams, mega-projects which imply significant emissions of methane, a greenhouse gas 34 times more powerful than carbon dioxide. We also work to raise awareness and educate public policy makers on the importance of controlling short-lived climate pollutants. We seek to protect terrestrial and marine ecosystems that capture carbon emissions—such as coral reefs, mangroves, wetlands and páramos—which, in turn, helps to mitigate climate change. We monitor international climate negotiations, advocate for Latin American nations to have the necessary economic resources to deal with climate change, and work to ensure that climate finance respects human rights. “Although many of the effects of climate change are inevitable, and may already be occurring, the efforts we make to stop the problem and to adapt to it will help future generations, who had nothing to do with causing the problem,” Florencia explains. She shares her message wherever she goes, encouraging others to join the fight. “I refuse to be part of the last generation to enjoy the natural wonders of our planet.”  

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