Human Rights

Inter-American Commission to analyze fracking’s impacts on human rights

The Inter-American Commission on Human Rights will hold an informative hearing on October 3, 2018 to better understand the situation of fracking in the Americas and the human rights violations it’s causing. The hearing is being held in response to a request brought forth by 126 Latin American organizations, united in the Latin American Alliance on Fracking. The hearing will take place in Boulder, Colorado during the Commission’s 169th period of sessions. In it, human rights defenders and representatives of affected communities will present detailed information on the documented human rights impacts, as well as the potential risks, of fracking in Latin America. The Alliance seeks to propose a series of recommendations to the Commission and governments of the region in order to guarantee human rights when faced with the exploitation of unconventional hydrocarbon reserves. According to the hearing request, there are approximately 5,000 fracking wells throughout Latin America. In Argentina, there are roughly 2,000 wells. In Chile, according to official data, 182 wells have been approved, the large majority in Tierra del Fuego. In Mexico, there are more than 3,350 fracking wells, although the signatory organizations indicated there are challenges in terms of access to this information. In Brazil and Colombia, contracts have been signed that allow for exploration and exploitation. In Bolivia, prospecting and sample studies of unconventional deposits have begun. Organizations from Argentina, Bolivia, Brazil, Colombia, Costa Rica, Chile, Ecuador, Mexico, Paraguay, Peru and Uruguay signed the request for a hearing before the Commission in July. “Fracking’s advance in Latin America is being carried out blindly because neither the chemicals used, nor their synergistic effects, nor the actual and potential risks, nor the effectiveness of mitigation measures are known with any certainty,” explained Claudia Velarde, attorney with the Interamerican Association for Environmental Defense (AIDA). “What is known is the damage fracking causes to the environment, the quantity and quality of water, and the impacts it has on health and human rights.” While fracking is promoted across Latin America, various nations, states and provinces of Europe, the Americas and Oceania have banned the technique due to the negative impacts it has had on the environment and public health. The request to the Commission emphasizes, “none of the nations where fracking has been implemented have a comprehensive knowledge of the irreversible damage it causes to the environment and the lives of individuals and communities. However, abundant scientific evidence exists on fracking’s negative impacts due to the extensive use of the technique in the United States.” Follow news from the hearing with the hashtag #AméricaSinFracking PRESS CONTACT Victor Quintanilla, AIDA (Mexico), [email protected], +521 5570522107  

We all deserve to breathe clean air

I was born and raised in Bogota, Colombia’s bustling capital city. When I was a child, I grew accustomed to the chaos of the streets—thousands of cars and buses spewing black smoke into the air, the endless honking of horns. It was normal to see massive smokestacks and smell bad odors. I thought all cities were that way, and that nature and clean air only existed in places far from home. I was used to having health problems: headaches, rashes, eye and throat irritation, coughs and hay fever. I never questioned why my sisters and I were constantly fighting these “environmental allergies.” Pollution even prevented me from enjoying the outdoors. I couldn’t easily walk or ride my bike, for example, because my lungs struggled from the soot emitted by passing trucks and buses. There were days I had to leave my house wearing a mask, and times when we were forbidden from playing outside due to the pollution. Air pollution: a silent killer As an adult, I realized that environmental allergies are not the norm. Often, they are caused by constantly breathing in black carbon, ozone, sulfur dioxide and other pollutants that cars, buses and factories emit into the atmosphere each day. I realized that air pollution is a serious threat to quality of life and to a person’s health, especially among the most vulnerable, like our children and the elderly. According to the World Health Organization, millions of people die each year from illnesses related to air pollution. In Latin America, it is the number one environmental health risk, and causes more than 150,000 premature deaths per year. Cities like Mexico City, Monterrey (Mexico), Cochabamba (Bolivia), Santiago de Chile, Lima (Peru), Medellin (Colombia), San Salvador (El Salvador) and Bogota have the highest levels of air pollution in the region. When cities are allowed to expand without regulation, population skyrockets—and with it, so do the number of cars and trucks and factories. I worry about the future of my family in that scenario. I don’t want the air we breathe to negatively impact our health. My husband, who is not from Bogota, moved there to be with me. One year later, he was diagnosed with asthma. When my daughter was just two months old, she had a respiratory infection that put her in intensive care for several days. The cause of both their illnesses: the city’s poor air quality.   Stopping the contamination The majority of the world’s population lives in cities. And while we can’t expect our cities to be pristine, natural ecosystems, they should provide people with the minimal conditions they need to lead dignified, healthy lives. That’s why AIDA works to improve air quality in Latin America, advocating for the protection of our children and other populations highly vulnerable to atmospheric contamination. We are raising awareness among policy makers about the importance of regulating short-lived climate pollutants (SLCPs), which stay in the atmosphere for a relatively short period of time. Unlike carbon dioxide, which can stay in the atmosphere for centuries, SLCPs remain in the air from a few days to a few decades. SLCPs include soot (also known as black carbon) and methane gas. These contaminants are major contributors to climate change, degrade air quality and have serious impacts on food security and human health. Effectively reducing them could significantly improve air quality and advance the fight against climate change in the short-term. Through our experience in international law, we’re seeking ways to regulate these short-lived pollutants across Latin America. Because having clean air to breath is one of life’s basic needs. Clean air shouldn’t be a luxury.  

Infographic: Advisory Opinion 23

The Inter-American Court of Human Rights, the Observatory of the Inter-American Human Rights System of the UNAM (OSIDH), the Due Process Foundation (DPLF), AIDA and the Institute of Constitutional Studies of the State of Querétaro present this infographic on the Court's Advisory Opinion 23. The main objective is to make available to all interested persons the main points and standards developed by the Court regarding the obligations of States regarding the environment and its relationship with human rights. We hope that this joint initiative will contribute to the full validity and guarantee of economic, social, cultural and environmental rights in the region. Advisory Opinion 23, issued on November 15, 2017, establishes a historical precedent for the protection of human rights in the continent.       Download the infographic in Spanish Download the infographic in Portuguese Download the infographic in French   Advisory Opinion (full text) English Spanish ​

Yearning for better times for Nicaragua

Leaving your country behind is an act of courage, especially when you don’t have much. My grandparents were courageous—they fled Nicaragua’s armed conflict in the 1970s, arriving in Costa Rica with nothing but three children in their arms and the hope for a better future. Costa Rica treated them well, and their grandchildren have been able to lead lives of privilege and opportunity. But my grandmother has always dreamed of returning to her country one day. And although I feel proudly Costa Rican, I have learned to love Nicaragua too, especially after getting to know it. Since April, Nicaragua has been in the midst of an armed conflict that has given rise to a large-scale humanitarian crisis. As the conflict continues, the number of people trying to flee Nicaragua has grown, as have requests for asylum in Costa Rica. As of August, more than 300 people had been killed since the conflict began. Unfortunately, the crisis doesn’t seem to be coming to an end anytime soon. Given the urgency of the situation, in May the Inter-American Commission on Human Rights created a Rapid and Integrated Response Coordination Unit with the mission of paying special attention to the human rights situation in Nicaragua. That month, members of the Commission visited cities at the center of the conflict: Managua, Masaya, León and Matagalpa. The resulting report presents evidence of gross human rights violations that have occurred during the country’s social protests. Among those violated were the rights to life, physical integrity, health and medical treatment, freedom of expression and of the press, and freedom of movement. The Nicaraguan State is obligated to guarantee those rights under international law. Thanks to social media, it has been possible to stay informed of what’s been happening in Nicaragua, practically in real time. You can get constant information via Facebook or Twitter by searching the hashtag #SOSNicaragua. The Commission also regularly publishes information on Facebook and Twitter. If you’d like to do something for those affected by the conflict in Nicaragua, you can donate to the Nicaraguan Association for Human Rights or the non-profit organization SOS Human Rights Nicaragua from Costa Rica, which works to support Nicaraguans here in Costa Rica. My grandmother never saw a Nicaragua free of human rights violations. She has always wanted to return to the land where she grew, where her parents were born and where one of her sisters still lives. I hope that everyone who has had to flee Nicaragua during this conflict will be able to return and see their country free, while also fully enjoying their human rights. Hopefully, through democracy, peace will return to that beautiful nation.     

Why we work to protect human rights in Latin America

The attorneys who make up AIDA’s Human Rights and the Environment Program work to protect people and communities whose rights have been violated or are at risk from the degradation of their natural environment. They know that there is an undeniable connection between the full enjoyment of human rights and a healthy environment. Here’s why they do what they do: “I DO IT BECAUSE IT’S IN MY BLOOD.” Astrid Puentes, AIDA Co-Director “I work in defense of the environment and human rights because they are essential aspects of life, and they are linked. I do it because it’s in my blood: my father was a farmer, my grandparents and great-grandparents too. Part of my connection with nature comes from my family; it’s my inheritance.  I’ve always wanted to contribute to making the world better, particularly in my home country of Colombia, which has so many natural resources but also so much social injustice. I dedicated my career as an attorney to helping make my country a better place. When I became a mother, that motivation only grew, and now I feel a great responsibility to do everything I can so that my children will have a better planet.” Early in her career, Astrid helped stop a proposal by the Colombian and United States governments to spray a transgenic fungus on the Amazon, which would have seriously damaged a vital ecosystem that many people depend on. It was the first successful case in which Astrid was directly involved. “I DEFEND HUMAN RIGHTS BECAUSE I BELIEVE THAT DIGNITY AND EQUALITY ARE INALIENABLE RIGHTS.” Liliana Ávila, Senior Attorney “I defend human rights because I believe that dignity and equality are inalienable rights. I believe in the value of differences and in the struggles of those who have not known their rights. These convictions have made me feel indignation, shame, and rage for the way rights human rights have been infringed upon in my country — Colombia — as well as in Latin America and the world at large. I defend human rights because, for me, they are the realization of the human aspiration to build a more just world.”   Last May, Liliana was moved by the story of an indigenous woman in Guatemala whose community depended on a nearby river, which was suffering water shortages due to the construction of a dam. With the water from that river, the woman watered flowers in her garden, which brought her happiness when life made her sad. That story filled Liliana with hope because she knew that, though her work, she could help keep those flowers blooming.  “MY GREATEST MOTIVATION COMES FROM MY AWARENESS OF INEQUALITY AND INJUSTICE.” Daniel Iglesias, Fellow “My greatest motivation comes from my awareness of the inequality and injustice that characterize the modern world, in large part due to the effects of global capitalism. It is our responsibility to fight to eliminate those inequalities. Defending human rights through solidarity and by denouncing injustice is a fundamental way to achieve that goal.”   As a human rights attorney, Daniel come face-to-face with injustices such as indigenous communities being stripped of their land, people deprived of their freedom of expression, and those who have been affected by the damages caused by extractive industries. Those experiences inform Daniel’s work with AIDA in Mexico, and feed his desire to continue working for social and environmental justice in the region. “I GREW UP knowing I HAD RIGHTS.” Marcella Ribeiro, Legal Advisor “I grew up knowing I had rights. I knew I would never lack food or water and that the beach in front of my house in Brazil would never be polluted because I had the right to a healthy environment. But when I learned that people living in favelas and those affected by droughts didn’t know they had rights, and didn’t organize to claim them, I decided to devote myself to fighting so their voices are heard and their humanity is recognized.”   Marcela worked in Brazil’s favelas educating residents about their human rights. Since then, she has understood that social justice will always be possible as long as people are allowed to enjoy their social, cultural, economic and environmental rights.   

Statement on the denouncement of violence against communities in Guatemala

Communities in northwest Guatemala publicly denounced repression and intimidation following peaceful demonstrations against the presence of the National Police and Army in their territory. The people of the microregion of Ixquisis, in the department of Huehuetenango, are currently living in fear due to the improper use of criminal law against those who have expressed their opposition to the development of the Pojom I, Pojom II and San Andrés dams. Together with allied organizations, AIDA has denounced before the Inter-American Commission on Human Rights the worrying criminalization of human rights defenders who oppose the hydroelectric projects in Guatemala. As an organization that works in defense of human rights and the environment in Latin America, AIDA would like to express the following: The repression of freedom of association and expression is extremely worrisome. The risks faced by the people of Ixquisis and the increased acts of violence against them are alarming. We reject any act of violence or intimidation by private and public security forces against people exercising their individual and collective rights. We likewise condemn any campaign of disinformation, de-legitimization and stigmatization that may arise in response the communities’ peaceful demonstrations. The acts that have been denounced not only violate basic rights, but also affect social stability and the traditional lifestyle of the communities. AIDA expresses solidarity with the Peaceful Resistance of the Microregion of Ixquisis; and we support their struggle to defend land and water, and achieve environmental justice. We call on the State of Guatemala to: guarantee the full enjoyment of the communities’ human rights; protect those who defend them; carry out diligent actions to investigate recent acts of violence; ensure due process for those who defend their rights before the projects’ advancement; and evaluate the instances of force denounced by the communities.  press contact Victor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107  

The Colombian town that’s taking on coal mining

“To leave for good is painful,” Flower Aria Rivera, 58, said with nostalgia. He doesn’t want to leave his land, his home. Doing so would mean leaving behind his identity, his story. Flower is from Boquerón, Colombia, a town of nearly 900 residents in the northwest department of Cesar. His ancestors, directly descended from Africans, were among the first inhabitants of his small town and many others in the region. They lived from raising cattle and growing rice. But that simple life is no more. The once-fertile soils of Boquerón have for more than 30 years been overtaken by large-scale coal mining operations. Since the corporations arrived, the town has been absorbed by coal and the many damages it leaves behind—like unhealthy levels of air pollution, and the depletion of water from rivers and other natural sources. The contamination had gotten so bad that, in 2010, the government ordered the mining company to relocate Boquerón’s residents. Eight years later, and that still hasn’t happened. On the contrary, new families have been arriving to Boquerón in search of the compensation that will surely be distributed when relocation finally does occur. “We want the mines to move, we want them to stop polluting our town,” said Flower, one of the most respected of the community, which has peacefully resisted despite the outbreak of skin and respiratory diseases. Flower is not a conventional leader. He speaks softly, while smiling. His deep black skin contrasts with his pure white hair. He’s sweet and calm and, above all, full of faith and hope. I met him two months ago when he participated with other leaders in a public forum co-organized by AIDA, Tierra Digna, CENSAT Agua Viva, University of Magdalena, the Environmental Justice Network of Colombia, and the Rosa Luxembourg Foundation. There, participants discussed what’s needed to enable Colombia to move its economy away from coal exploitation and toward alternative energies—those that respect the both climate and communities. “Coal has left us with nothing, only sadness,” Flower lamented. Colombia is the fourth largest coal exporter in the world. As such, the government has the ethical and moral obligation to reduce its carbon emissions, which have contributed to exacerbating the climate crisis. At AIDA, we believe in a clean energy future, and our work will continue to support the move towards a coal-free Latin America.   To close, I’d like to share a poem Flower wrote. In it, he expresses longing and love for his land, and his fear of the “damned black stone.”   A mi Boquerón   Boquerón del alma mía Terruño de mis entrañas Estoy perdiendo mi alegría Mis costumbres y mis esperanzas   Camino lento y con tristeza Con solo pensar en tu partida Historia mía, historia tuya Es como un llanto en noche buena   Quisiera morirme en tus recuerdos Donde viví muchas nostalgias De amores y vivencias de este mundo Cómo te llevo Boquerón en el alma   Voces de recuerdos se escuchan a lo lejos De un niño y un viejo Como añorando el pasado De Boquerón y sus hermosos tiempos   Partir sin regreso es doloroso Y un diciembre sin ti es morir Como regresar después a pajuil Cuando mis zapatos se han roto   Ya inerme camina un boqueronero Y la historia del tucuy, el manantial y la lomita está muriendo Hoy hasta el mismo cielo está llorando En gotas de agua convertidas en desespero   Quisiera regresar a las faldas de mi madre Como cuando niño me escondía debajo de ella Escucho a lo lejos la voz del patriarca Rivera Ángel Que desde su tumba como deseando una esperanza   Adiós diablito caño, palma y paralú donde di mi grito de libertad y olvidé mi esclavitud de mi raza palenquera y también de chambacú y olvidé por mis ancestros lo juro por ese cielo azul   Maldita piedra negra Que hizo cambiar mi historia Un humilde pueblo llora La funesta partida de toda una vida  

Why Brazil must respond for Belo Monte's human rights violations

We did it! We’re proud to say we recently submitted the final arguments in our case against Brazil before the Inter-American Commission on Human Rights. In them, we demonstrate the damages Belo Monte has caused to indigenous and traditional communities, and residents of Altamira, the city closest to the dam. We’re working for them—to bring the government of Brazil to justice. “Human rights violations are a daily occurrence for those of us affected by the dam,” explained Antônia Melo, coordinator of the Movimento Xingu Vivo para Sempre, a citizens’ collective formed in the face of the dam’s implementation. “It’s urgent that our petition before the Commission advance to sanction the government and guarantee our rights.” We argue that the damages to local communities resulted from a severe lack of foresight and inadequate evaluation, as well as from failure to comply with the conditions for operation established by the government. The many risks denounced prior to the dam’s construction have since become long-term damages—many of which have affected men and women, and youth and the elderly, in different ways. Our report documents the displacement of indigenous and traditional communities forced to leave their territories without adequate alternatives, placing their cultural survival at risk. Among the affected populations are communities dedicated to fishing, who have not yet been compensated for the loss of livelihood. The dam has caused mass die-offs of fish and, although authorities have imposed millions in fines, the report demonstrates that the underlying problem has not been resolved. Local communities now have limited use of the Xingu River as a source of food, sustenance, transportation and entertainment. We have also noted—among other serious harms—the disappearance of traditional trades, such as brickmakers and cart drivers, and of traditional cultural practices. Women, for example, have stopped giving birth in their homes and must now go to a hospital, a reality that has drastically worsened due to the oversaturation of health and education services in Altamira caused by the recent population surge. Our case is now in the hands of the Commission. They will prepare their own report, concluding whether or not human rights violations occurred as a result of the Belo Monte Dam. If violations did occur, they may issue recommendations for remediation. If Brazil fails to respond, the case may be referred to the Inter-American Court on Human Rights, which has the power to issue a ruling condemning Brazil. The completion of this report brings us—and, more importantly, the communities we represent—one big step closer to achieving justice for the many wrongs committed in the name of the Belo Monte Dam, and energy development in the Amazon.  

Mayan women’s struggle before the Inter-American Development Bank in Guatemala

Statement on the United States’ departure from the UN Human Rights Council

Today AIDA, as an organization that works to protect the right to a healthy environment in the Americas, released the following statement after the United States decided to withdraw from the United Nations Human Rights Council: We consider it a worrying and unfortunate maneuver that could isolate the United States from the international community and weaken its ability to positively influence human rights protection around the world. This decision sends a negative message, especially to countries with serious human rights situations, about which the United States has expressed concern. From our perspective, this decision shows that the administration has also ignored the thousands of people and organizations in the United States that have spoken out against internal policies, including those involving the separation of migrant families and climate change. It’s important to bear in mind that, despite their departure from the Council, the human rights situation in the United States may continue to be evaluated by that body, as it is for other nations that participate in the U.N. Faced with this decision, we urge other States to respond by demonstrating their leadership to ensure the effective protection of human rights globally. The importance of human rights isn’t about a political perspective, isn’t about a party, is about decency and humanity. PRESS CONTACT: Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107