Human Rights

April 08 2024 Human Rights

Celebrating the appointment of Astrid Puentes Riaño as UN Special Rapporteur

On April 5, during its 55th session, the United Nations Human Rights Council appointed Astrid Puentes Riaño as the new UN Special Rapporteur on the human right to a clean, healthy and sustainable environment. For 18 years, as co-executive director of AIDA, Puentes Riaño led efforts across Latin America to uphold the right to a healthy environment and protect affected communities from environmental harms. Her strategic vision and powerful command of public interest law and advocacy has left a lasting contribution on both AIDA and the larger movement for climate justice in the region. She will be the first woman and first person from the Global South, and the third Special Rapporteur, to assume this important mandate. Gladys Martínez de Lemos, executive director of AIDA, expressed: “Astrid’s career has long been focused on protecting the right to a healthy environment, as a leader of the movement in Latin America. Her new role as Special Rapporteur is a natural and well-deserved progression, and we know her continued leadership on the international stage will strengthen efforts towards climate and environmental justice around the world.” In May Puentes Riaño will replace David R. Boyd, who made tremendous strides as Rapporteur, including the UN recognition of a clean, healthy and sustainable environment as a universal human right. Boyd is a former member of AIDA’s Board of Directors. The Special Rapporteur’s mandate is an essential nexus of environmental and human rights defense, as it exists to: examine human rights obligations linked to the enjoyment of a safe, clean, healthy and sustainable environment; promote best practice in the use of human rights in policy making; identify challenges and obstacles to the global recognition and implementation of the right to a safe, clean, healthy and sustainable environment; and conducting country visits and responding to human rights violations.

Vista aérea de la Reserva Nacional Kawésqar, Chile

April 04 2024 Indigenous Rights, Oceans, Human Rights

The Kawésqar people and the defense of their "maritorio" in Chile

By Liliana Ávila and Cristina Lux* A little over a month ago, the community Kawésqar Grupos Familiares Nómades del Mar sent us a very special invitation. The appointment was near the sea, near their territory, or more precisely, near their "maritorio", a place of islands, islets and archipelagos. There, the borders between sea and land are blurred and the trees grow sideways, adapted to the strong winds. The maritorio is a concept and also a way of inhabiting and understanding the world. It evokes the image of "territory", but seen from and in the sea. As a concept, it emerged in the context of what is known as nisology, or the study of islands. The place we visited is located in the fjords of Magallanes, the southernmost region of Chile, about two hours from Punta Arenas, the regional capital. The Kawésqar people tell us that less than a century ago, this maritorio was their home. There, their grandfathers and grandmothers sailed among the fjords, built their canoes, fished and dived. They went into the icy sea without special neoprene suits, protected with sea lion oil, and there they learned the secrets that its depths held. In the midst of fjords, winds and intense climates, these people developed their own systems of thought and life. But the lives of the Kawésqar have changed radically in recent decades. They tell us so. The vast territory that previous generations inhabited for centuries is now enclosed. The process of eradication has been accompanied by the commercialization of the land, the creation of extensive pastures and, more recently, the development and expansion of the salmon farming industry. Industrial salmon production has serious and lasting impacts on marine ecosystems. The communities of Kawésqar are well aware of this. Salmon is an exotic and carnivorous species for Chile, raised in huge farms: hectares of cages in the sea. The introduction of exotic species (which threaten native species), the excessive use of antibiotics, salmon escapes, the generation of waste, the treatment of large quantities of dead salmon, the excessive discharge of organic matter into the sea, and the generation of anaerobic environments (total or partial loss of oxygen necessary for life to thrive) are just some of the impacts of salmon farming in Chile. These impacts not only accumulate in the waters and on the seabed, but also penetrate the lives of the Kawésqar communities. The maritorio that their grandfathers and grandmothers sailed is now a desecrated space. The processes of reconstructing their identity, the appropriation of sacred places and the rites that are part of their collective memory have been affected by the development of an industry that sees the sea only as a space of economic exploitation and not as the sacred place where, in the not so distant past, men and women developed their worldviews and ways of life. Despite everything, the Kawésqar are a living people who meet, who gather around the sea and discuss strategies to rebuild their cultural fabric. They also come together to honor their grandfathers and grandmothers, to activate the genetic memory that connects them to the sea, to dive into its waters and fight for a salmon-free sea and for a country that recognizes the cultural diversity that runs through its history. We also connect with the legacy of the Kawésqar. Swimming with people from the community in these seas that have been navigated for thousands of years allowed us to look out a window that blurs the present and shows us alternatives. A present that allows life and coexistence with the sea, its ecosystems and its balance. Their struggle— supported by AIDA, the NGO FIMA, Greenpeace and many other organizations— has borne fruit. It has highlighted the impact of salmon farming in Chile and the need to end our dependence on it. But the challenges are still enormous. Salmon farming continues to ravage the seas inside and outside protected areas, in the most remote areas of Patagonia, occupying spaces that were once shared by all the peoples and creatures that inhabited the territory. Meanwhile, the people of Kawésqar continue to travel through their territory —rewarded and lived in and from the sea— identifying and recomposing their history, swimming in the waters that surround them. They do not lose hope of returning to their sea; they to continue to exist in it. *Liliana Avila is coordinator of AIDA's Human Rights and Environment Program; Cristina Lux is an attorney with the Climate Program.

Paisaje de Antofagasta de la Sierra, Argentina.

March 27 2024 Human Rights, Indigenous Rights, Freshwater Sources

Court decision stops new lithium mining projects in Argentine salt flat, sets regional precedent

On March 13, the Supreme Court of Argentina’s Catamarca province ordered a halt on authorizing new lithium mining projects around the Salar del Hombre Muerto, in the department of Antofagasta de la Sierra. The high provincial court established that all projects must comply with the free, prior, and informed consultation of affected communities, thus granting the injunction filed by Román Guitián, Cacique of the Atacameños del Altiplano Indigenous Community.It is one of the most important rulings of recent times regarding care for nature and the protection of the rights of traditional communities.The court ordered the providence’s Ministry of Mining and the Ministry of Water, Energy and Environment to "refrain from granting new authorizations or environmental impact statements with respect to any work or activity" in the area until an environmental impact report with two fundamental characteristics is completed. The first is that it must be "cumulative and integral," covering the entire salt flat and especially the Los Patos River, which is in the same salt flat. The second is that it must consider the total impact of the companies that have applied for water use and extraction permits, and their potential to transform the environment in the same geographical area.Lithium mining in Antofagasta de la Sierra began in 1997 by the multinational company FMC, currently operating as Livent. The local communities denounced that the river and the Trapiche Valley were drying up because of the mining activity.The Alliance for Andean Wetlands (Alianza por los Humedales Andinos) celebrates this achievement of the Atacameños del Altiplano Indigenous Community and the Asamblea PUCARA (Pueblos Catamarqueños en Resistencia y Autodeterminación).The same model of lithium mega-mining that the Catamarca Supreme Court's ruling points to is being reproduced in the Puna region of Chile and Bolivia. In this sense, the sentence is an important precedent for the protection of the environment and affected communities, which should be replicated in all the regions of the continent affected by this extractive model.Governments must take measures to provide the necessary security guarantees for the territorial defense of local communities demanding the fulfillment of their human and environmental rights, both in Argentina and in other countries. Quotes from Alliance membersClaudia Velarde, co-coordinator of the Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA)"What happened in Catamarca is a historic milestone for the protection of water, territory and life in Latin America. The Court's decision confirms that the concept of the cumulative impact of an extractive activity is fully valid and a transcendental aspect of environmental management. It also clarifies that any damage to the environment that may result in a violation of the right to life or personal integrity must be considered significant damage. It is a relevant precedent in every sense and a strong message: national and international environmental regulations must be respected, environmental impact assessments must be strategic and cumulative, the right to environmental participation must be guaranteed, and the energy transition must be just." Ramón Balcázar, executive director of Fundación Tantí and co-coordinator of the Plurinational Observatory of Andean Salt Flats (OPSAL)"This ruling is the result of years of work and shows the importance of articulating knowledge and legal strategies for the defense of territories from a wetland perspective, setting a precedent that should be extended to the entire region for a cumulative assessment of projects, not only lithium, but also metallic mining and the impacts of climate change. Unfortunately, our colleague Román Guitián was the target of death threats after learning of the ruling, in a country like Chile that has ratified the Escazú Agreement. In this sense, we must categorically reject any form of violence against the defenders of the Andean salt flats, as well as the political advantage that institutions linked to the greenwashing of mining have tried to take from such a complex situation." Cristian Fernández, coordinator of the Legal Affairs area of Fundación Ambiente y Recursos Naturales (FARN)"The recent ruling of the Court of Justice of Catamarca, ordering the preparation of a "cumulative and integral" environmental impact study for all lithium projects being developed in the Los Patos River basin, and requiring the local government to refrain from issuing any new permits or authorizations for the activity, represents a milestone in the environmental jurisprudence of our country. It consolidates the path started almost 15 years ago by the Supreme Court of Justice of the Nation when, in the "Salas Dino" case, it demanded a cumulative impact study against the deforestation of native forests in Salta. In doing so, the Catamarca Court set a precedent that could be applied to the ecosystem damage suffered by the provinces of Salta and Jujuy due to the cumulative impact of numerous lithium projects in Salinas Grandes and Guayatayoc Lagoon."

La chimenea del Complejo Metalúrgico de La Oroya, en Perú, vista desde un campo deportivo

March 27 2024 Mining, Toxic Pollution, Human Rights

5 milestones in the "Inhabitants of La Oroya v. Peru" case ruling

Our long-fought victory before the Inter-American Court sets important precedents for all communities seeking environmental justice in the Americas. The story of the community of La Oroya, Peru, in its quest for justice and reparations spans decades. The perseverance of the residents of this Andean town has borne fruit for the entire region, as they achieved a victory that sets important precedents for all communities seeking environmental justice on the continent. The Inter-American Court of Human Rights ruled in favor of the community of La Oroya, holding the Peruvian state responsible for violating the right to a healthy environment and other related rights, such as health and life, of its inhabitants by failing to take timely and effective measures to protect them from extreme levels of pollution from a metallurgical complex. AIDA has led the case from its inception, bringing La Oroya's struggle to the Inter-American Human Rights System and providing legal representation to the victims before the Court. Why is the international court’s ruling in "Community of La Oroya vs. Peru" such a joy and a door opener for us? We explain below, how the ruling: 1. Responds to the first case of its kind before the Inter-American Court. This is the first time the Inter-American Court has ruled on a case of toxic air and environmental pollution in an urban community. In its ruling, the Court recognized the disparate impact on women, children, and other vulnerable populations. It also addressed the importance of the rights of access to information and participation. 2. Recognizes and values the importance of a healthy environment as a human right. The Court recognized this right as a jus cogens (mandatory) norm and clarified the obligations of states to ensure a healthy environment for all people. A key point of the judgment is that states must avoid, prevent, and control environmental damage and its effects on human health by using all the means at their disposal. 3. Opens the door to accountability. The ruling sets precedents to hold states and companies accountable for taking the necessary measures to avoid lifelong impacts on people's health and the environment. The Peruvian state must provide financial compensation to the affected people of La Oroya, provide free and specialized medical care, adopt non-recurrence measures, and monitor air and water quality in places where mining activities are taking place. 4. Establishes the responsibility of the State in a case of contamination. In addition to stating that companies must act with due diligence and respect for human rights, the Court concluded in its ruling that the Peruvian state should have acted to protect and guarantee the rights of the people exposed to the contamination, using, among other tools, the precautionary principle. 5. Sets precedents for the entire region. The ruling goes beyond the Peruvian context, as it is binding on States Parties to the American Convention on Human Rights and sets an important precedent in Latin America for the protection of the right to a healthy environment and for the adequate supervision by States of corporate activities.

Vista panorámica de la ciudad de La Oroya, Perú.

March 22 2024 Toxic Pollution, Human Rights, Mining

Inter-American Court ruling on La Oroya case sets key precedent for the protection of a healthy environment

The Court found Peru responsible for violating the rights of residents of La Oroya, who have been exposed to unsafe levels of toxic contamination for generations. San José, Costa Rica. The ruling of the Inter-American Court of Human Rights in the case "Community of La Oroya vs. Peru" sets an important precedent for the protection of the right to a healthy environment across the Americas and for adequate state oversight of corporate activities. The first-of-its-kind decision holds Peru accountable for its failure to protect the inhabitants of the Andean city of La Oroya who were exposed to toxic pollution from a smelter complex that operated without adequate pollution controls for a century.The Inter-American Court heard the case in a public hearing against Peru. In the absence of effective responses at the national level and on behalf of the victims, an international coalition of organizations filed a complaint against Peru before the Inter-American Commission on Human Rights in 2006. In October 2021, the Commission established the Peruvian government's responsibility in the case and referred it to the Inter-American Court. In October 2022, more than 16 years after the filing of the complaint, the victims presented the case before the Court in a public hearing, represented by the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), with the support of Earthjustice."This ruling is a very important step forward and a key precedent for environmental justice in Latin America, as it is the first case in which the Court recognizes a state’s responsibility for violating the right to a healthy environment and the impact this has on the guarantee of several other rights," said Liliana Avila, coordinator of AIDA's Human Rights and Environment Program. "The Court also referred to the collective and individual dimensions of this right, acknowledging the differential impact of its violation on children, women and the elderly, and the important role of environmental defenders."In its judgment, published on March 22, 2024, the international court established the Peru’s responsibility for the violation of the rights to a healthy environment, health, personal integrity, life with dignity, access to information, political participation, judicial guarantees and judicial protection of the 80 people involved in the case; for the violation of the rights of the children of 57 victims; and for the violation of the right to life of two victims. The Court also concluded that the State was responsible for violating the obligation of progressive development by adopting regressive measures in environmental protection."The decision is a fundamental precedent in international law that establishes the parameters of the State's obligation to regulate, control and remediate the effects of environmental pollution, as well as the obligations derived from the right to a healthy environment as an autonomous right and its interdependence and indivisibility with other fundamental rights of human existence, such as health, life and personal integrity," said Christian Huaylinos, Legal Coordinator of APRODEH. "It is also a great satisfaction for the victim’s two decades long struggle.”For more than 20 years, the residents of La Oroya have been seeking justice and redress for the widespread contamination caused by the La Oroya smelter complex, which was operated by Doe Run Peru from 1997 to 2009. The town has been recognized as one of the most polluted places on the planet."Twenty years ago, when this fight started, I was carrying my banner saying that the health of the children is worth more than gold," recalls Don Pablo, a resident of La Oroya. "We never gave up, and now I am very happy with the Court's decision."In the judgment, the Court ordered the State of Peru to adopt comprehensive reparation measures for the damage caused to the population of La Oroya, including identifying, prosecuting and, where appropriate, punishing those responsible for the harassment of the victims; determining the state of contamination of the air, water and soil and preparing an environmental remediation plan; providing free medical care to the victims and guaranteeing specialized care to residents with symptoms and illnesses related to contamination from mining and metallurgical activities; ensuring the effectiveness of the city's warning system and developing a system for monitoring the quality of air, water, and soil; ensuring that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health; providing monetary compensation to victims for material and non-material damages."What we expect now is that the ruling will be implemented, that for the first time the State will fulfill its obligations and guarantee our rights as environmental defenders," said Yolanda Zurita, a resident of La Oroya and a petitioner in the case. "Compliance with this ruling is the least we expect from a state that is committed to guaranteeing the rights of its citizens."Since 1999, the government of Peru has known that almost all the children living near the complex suffer from lead poisoning yet failed to offer proper medical care and remediation. For decades, the population of La Oroya was exposed to extreme levels of lead and other harmful contaminants, including arsenic, cadmium, and sulfur dioxide. Nearly all the children in the case have had lead and other heavy metals in their blood at concentrations many times higher than the guidelines established by the World Health Organization. And many residents suffer from chronic respiratory illness, in addition to stress, anxiety, skin problems, stomach problems, chronic headaches, and heart problems, among others."This ruling issues a warning to governments across the Americas that they cannot sit idly by while multinational corporations poison local communities. Corporations will now be on notice that exposing families to unhealthy levels of industrial pollution is a violation of international law and governments must hold polluters accountable,” said Jacob Kopas, Earthjustice senior attorney. ResourcesCourt's press release on the judgment, available here (in Spanish).Official summary of the judgment, available here (in Spanish).Full text of the judgment, available here (in Spanish).Background information on the case, available here.Folder with photographs, available here.Press contactVíctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +521 70522107

March 08 2024 Climate Change, Human Rights

Communities in Nicaragua win Green Climate Fund withdrawal from project that violated their rights

In an unprecedented decision resolving a complaint filed in 2021, the Green Climate Fund terminated a forestry project because the developers failed to comply with the Fund's policies and procedures on socio-environmental safeguards. This non-compliance violated the human rights of indigenous and Afro-descendant communities. The Green Climate Fund, the world's leading multilateral climate finance institution, decided to terminate funding for a forest conservation project in Nicaragua because the developers failed to comply with the institution's policies and procedures on socio-environmental safeguards. The non-compliance violated the rights of indigenous and Afro-descendant communities, as the project threatened to exacerbate the situation of violence from which they were already suffering. The Fund had not made any disbursements for the project and project implementation had not yet begun.The decision, the first of its kind in the Fund's history, is in response to a complaint filed in June 2021 by representatives of the affected communities, with the support of local and international organizations, with the Fund's Independent Redress Mechanism. The Independent Redress Mechanism hears complaints from people who are or may be affected by projects or programs financed by the Fund."This decision is a recognition of the tireless efforts of the communities behind the case, who were able to demonstrate the difficult situation they face, as well as a reminder of the importance of involving local communities in all stages of a project, from its conception," said Florencia Ortúzar, Senior Attorney at AIDA, one of the organizations that accompanied and provided legal support to the complaint process.In the complaint, the communities argued that implementing the project— called Bio-CLIMA: Integrated Climate Action to Reduce Deforestation and Strengthen Resilience in the BOSAWAS and Río San Juan Biospheres— would have serious impacts because:There was no adequate disclosure of information, no indigenous consultation, and no free, prior, and informed consent.The project would cause environmental degradation and increase violence against indigenous communities due to land colonization.The conditions imposed by the Fund's Board of Directors for project approval (including independent monitoring of project implementation and ensuring the legitimate participation of indigenous peoples) were not met.There was a lack of confidence in the Central American Bank for Economic Integration, the entity accredited to channel the funds, as to its compliance with the Fund's policies.There was a lack of confidence in the ability of the Government of Nicaragua, as the implementing agency, to fulfill its obligations in the execution of the project. The goal of the project, for which the Fund committed $64 million USD in 2020, was to restore degraded forest landscapes in Nicaragua's most biodiverse region (home to 80 percent of the country's forests and most of its indigenous peoples) and to channel investments toward sustainable land and forest management.However, the project was designed without adequate consultation, with a complete lack of transparency on the part of the sponsoring bank and ignoring the difficult context of violence and lack of human rights protection still suffered by indigenous communities in Nicaragua, particularly in the project area.In recent decades, the harsh local situation has only worsened because of organized crime, drug trafficking, the expansion of agriculture and cattle ranching, and the promotion of extractivist policies, as well as the lack of state protection.The investigation launched by the Independent Reparations Mechanism, which included field work and face-to-face and virtual interviews with all stakeholders, confirmed some of the allegations made in the complaint, including the lack of adequate consultation processes and the lack of free, prior, and informed consent of the affected communities. This is stated in the investigation’s final report.In July 2023, the Fund's Board of Directors, which was called upon to decide on the future of the project based on the Investigation Report, delegated the task to the Fund's Secretariat. As a result, neither the IRM nor the claimants had any further say in the matter.Finally, on March 7 of this year, the Secretariat announced its decision: to terminate the project's financing agreement, acknowledging that the developers had failed to comply with the Fund's policies, as alleged by the communities in the complaint."The decision is a valuable lesson for the Green Climate Fund, whose policies and safeguards exist to prevent these unfortunate situations and must be applied rigorously and consistently from the conception of projects seeking funding," said Ortúzar. Press contactVíctor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107

March 04 2024 Large Dams, Indigenous Rights, Mining

Defending the Volta Grande do Xingu in the Brazilian Amazon

"Certain lives exist only in the Xingu River, mine is one of them. And also that of the indigenous and riverine peoples. Can these lives be destroyed?” The question posed by Sara Rodrigues Lima - a local river dweller, fisherman and researcher - highlights the paradox that one of the most biodiverse, ecologically, climatically and culturally important regions in the world is also one of the most affected by socio-environmental impacts. The Volta Grande (or "Big Bend") of the Xingu River, located in the heart of the Brazilian Amazon, is home to a unique ecosystem and is a key region for the conservation of global biodiversity. For centuries, it has been home to indigenous and riverine peoples who have shared ownership of the river and the Amazonian rainforest, providing sources of food, water, identity, culture and mobility, among other things. This link has translated into livelihood systems based on caring for and defending the territory and their own existence, which are now severely threatened. Since 2015, this region has been the target of large extractive projects that threaten the livelihoods and physical and cultural survival of traditional peoples and communities. This has been accompanied by violence against people defending this Amazonian territory. In order to deal with this situation, the affected peoples and civil society have created a network that unites and strengthens their efforts. The Alliance for the Volta Grande do Xingu, formed by social movements and organizations, including AIDA, supports and coordinates actions to defend the region as a living and healthy territory. The coalition has taken the case to the United Nations. The cumulative impact of two megaprojects One of these projects is the Belo Monte dam, whose construction has caused irreparable environmental damage and human rights violations for several generations. The drought caused by the diversion of the river to generate electricity, as well as the ineffectiveness of the mitigation measures implemented, have led to an ecological and humanitarian collapse in the Volta Grande. Currently, thousands of traditional families are suffering from the death of fish, extinction of fishing, lack of food security, impoverishment, physical and mental illnesses. Another major threat to the region and its traditional inhabitants is the Volta Grande project, where the Canadian company Belo Sun intends to build the largest open-pit gold mine in Brazil. The coexistence of the two projects poses the risk of overlapping areas of direct impact. In this scenario, the potential damage to the environment and to indigenous and riverine peoples will be irreversible. The Belo Sun project is proposed to be built less than 10 kilometers from the Belo Monte dam, on the banks of the Xingu River, in the midst of indigenous lands, protected areas and traditional communities. The magnitude of the synergistic and cumulative impacts of the mine and hydroelectric dam has not been assessed. Also ignored were technical analyses that pointed to the serious impacts of the use of cyanide, the contamination of the river, and the risks of a dam breach that, if it were to occur, would flood 41 kilometers along the river and reach nearby indigenous lands. In addition, the state excluded indigenous peoples, riverine and peasant communities from the environmental licensing process for the mining project. Because they live outside the demarcated indigenous lands or more than 10 kilometers from the project, some indigenous peoples were not considered affected or consulted about the implementation of the project. The lack of consultation and public participation of indigenous and riverine peoples led Brazilian courts to order the suspension of the mining company's operating license. Violence and threats against human rights defenders The arrival of Belo Sun in the area is a serious intervention in the socio-cultural environment of the Volta Grande do Xingu. The overlapping of the mining project in a territorial polygon inhabited by traditional peoples, rural groups benefiting from the agrarian reform, and artisanal miners has led to community divisions and violence against those who oppose the mine. In the context of the project's development, there have been reports of illegal land purchase and sale contracts to evict rural families, threats to the area's inhabitants by private security companies, and violence against peasants claiming agrarian reform lands acquired by the mining company, which are the subject of legal proceedings. Threats of violence against environmental and human rights defenders have also increased in intensity and severity. Some of them have had to leave the area to protect their lives, and those who remain in the area face constant risks and threats. Defending the Volta Grande and its people before the United Nations One of the most important actions of the Alliance for the Volta Grande do Xingu has to do with advocacy in the Universal Periodic Review (UPR), a special process of periodic review of the human rights record of the 193 member states of the United Nations. At Canada's fourth UPR cycle in Geneva in August 2023, more than 50 civil society organizations and communities affected by Canadian business activities presented a report highlighting human rights abuses from 37 projects in nine countries in Latin America and the Caribbean, including Belo Sun's Volta Grande project. The document includes recommendations to ensure that states exercise effective environmental oversight that requires human rights due diligence on the part of companies operating in their territories. One of the defenders of the Volta Grande was part of the delegation in Geneva. In addition to denouncing the abuses suffered, he reported on the risks posed by the socio-environmental impact of the Belo Sun project. More than 20 countries and 13 permanent missions and UN agencies took note of the situation in the region. The results of Canada's fourth UPR cycle, released last month, include 34 recommendations directly related to the Alliance's report. Canada has not yet accepted these recommendations, but may do so at the next session of the UN Human Rights Council, which concludes on April 5. As a follow-up to the UPR advocacy, the Alliance submitted reports on the impact of the Belo Sun project to UN Special Rapporteurs. One of them, sent to the Special Rapporteur on Human Rights Defenders of the Inter-American Commission on Human Rights, focuses on the situation of vulnerability and criminalization of human rights defenders. Similarly, the Alliance submitted a report to the UN Committee on Economic, Social and Cultural Rights highlighting the human rights violations committed by Brazil in the Belo Monte and Belo Sun cases, as well as the lack of effective measures to require human rights due diligence by the companies responsible for these projects. Networking in these international spaces to expose the pattern of environmental impacts and human rights violations of extractive economic projects in Amazonian territories has been one of the alliance's strategies of resistance and denunciation. The conservation of the Amazon and the protection of its peoples are incompatible with the large-scale mining planned by Belo Sun. States have an obligation to prevent serious and irreversible damage to the environment and the population. In the case of Belo Sun, Brazil has the opportunity to avoid repeating the environmental tragedy of Belo Monte and to declare definitively that the mining project is unsustainable from a socio-environmental point of view. The road to these demands and the achievement of these goals will be full of challenges and struggles. But courage and resisting are inherent to those who live in and defend the Amazon. The defense of the Xingu River Basin as a free, vibrant, healthy and safe territory for its peoples and its defenders is an urgent call for social mobilization for the social-ecological protection of one of the world's most important ecosystems.

Lagunas de Siecha, Parque Nacional Natural Chingaza, Colombia.

February 26 2024 Toxic Pollution, Climate Change, Human Rights

Forest fires: How can we help prevent them?

The recent huge fire in the Valparaíso region of Chile has been described as the country's biggest disaster since the 2010 earthquake. But this year, as in previous years, forest fires and their deadly consequences are not an isolated phenomenon in Latin America. In Colombia, the fires forced the government to declare a national disaster and prompted civil society to call for comprehensive protection of Colombia's forests and páramos. Fire also reached part of Argentina's Patagonia region. Ninety percent of forest fires are caused by humans, particularly through activities such as logging and slash-and-burn agriculture. The climate crisis is contributing to their greater intensity and frequency, increasing the risks to forests, species and communities. In addition, wildfires affect air quality and thus human health If this situation is the result of our actions, it is also in our hands to prevent it. What can we do to prevent fires? Here are some actions that different actors in society can take to contribute to this important task. What can governments do? Design and implement laws to ensure forest security and ensure compliance with existing laws. Develop education campaigns to raise public awareness of the importance of forests and how to care for them. Strengthen fire prevention and suppression infrastructure, including spray planes, containment barriers, and technology to constantly monitor the health of forests. What can businesses do? Reduce emissions of gases that heat the atmosphere and increase the risk of wildfires by switching to cleaner energy sources. If flammable waste is generated, implement policies to dispose of it responsibly. Train their work teams to respond to these types of disasters. Promote best practices that help protect the environment. What can citizens do? Organize garbage collection groups and avoid making campfires and/or practicing livestock and agricultural activities in the forest. Obtain and disseminate quality information about the importance of these ecosystems for life on the planet. Follow safety instructions, such as wearing masks and/or evacuating smoke-contaminated areas. Be vigilant and make sure we know how to report fires and what action plans are in place to protect our nearby forests. It is essential that governments, businesses and citizens work as a team to protect forests and promote a culture that cares for the environment and all life.

Montones de sal en el salar de Uyuni, Bolivia

February 20 2024 Indigenous Rights, Mining, Freshwater Sources

Lithium unveiled: Origins, extraction and environmental implications

One of the paradoxes of the energy transition is that it replaces the use of fossil fuels with mineral resources whose extraction and refining can have negative impacts on ecosystems, species and communities. This is happening with lithium, a mineral that has traditionally been used in glass and ceramics to provide greater adhesion and hardness, but is now being used primarily to make the batteries required by technologies that eliminate or reduce the use of fossil fuels. This has led to an increase in its demand. The serious social and environmental impacts of its extraction have been hidden or minimized. What makes lithium special? Lithium is a mineral in high demand due to its unique properties: It is the lightest metal with the highest electrochemical potential. It has a high energy storage capacity. It is malleable, so it can be adapted to different sizes, shapes and designs. These qualities make it a key material in the manufacture of batteries for cell phones, computers and, most importantly, electric vehicles. Lithium is considered key to the energy transition because it can be used to store non-conventional renewable energy, such as wind and photovoltaic power. Where it is: The so-called "lithium triangle"? The primary sources of lithium are salt flats, which are wetlands covered with a saline crust that contain brines, bodies of water in which many salts and elements, including lithium, are dissolved. Salt flats are attractive to the mining industry because of the relative technical ease of exploitation, low operating costs and low energy requirements to extract lithium from them compared to other sources. Worldwide, the salt flats of Argentina, Bolivia and Chile account for 54 percent of lithium resources (potentially mineable material). In addition, Argentina and Chile hold 46 percent of the world's lithium reserves (the portion of known resources with a high level of confidence and proven economic viability). The mining industry has dubbed the region where the mineral is concentrated the "Lithium Triangle" - because that is all they see there - which includes northeastern Argentina, northern Chile and southern Bolivia. But there is much more than lithium in this region. There are also communities, ecosystems and species that depend on these salt flats. The region's inhabitants are engaged in small-scale ranching and subsistence agriculture, activities that require water, an already scarce resource in these latitudes. How is lithium mined from the salt flats? The procedure is as follows: The salt flat is drilled. The brine is poured into large pools or basins. Wait for the water to evaporate so that the lithium concentration increases. When the concentration is sufficient, the brine is sent to an industrial plant. The brine is chemically treated to produce lithium carbonate, which is marketed for battery production. Lithium extraction, especially by this method, involves huge consumption and loss of water because: Water is lost in pumping brine. Evaporation in ponds requires two million liters of water for every ton of lithium produced. Water is also needed in the final processes to obtain lithium carbonate and separate it from the rest of the compound. Lithium mining is threatening South America's salt flats, which are Andean wetlands, affecting local water availability and threatening the survival of communities and species living around these fragile ecosystems. The energy transition is urgent, but it must be equitable and not at the expense of other natural resource extraction that endangers people and the environment. sources -Maritza Tapia, “Claves del litio: el metal más liviano y con mayor potencial electroquímico”, Universidad de Chile. -Heinrich Böll Stiftung Colombia, “Litio: los costos sociales y ambientales de la transición energética global”. -Florencia Ballarino, “¿Qué es el litio, para qué sirve y de dónde se extrae en la Argentina?”, Chequeado. -Wetlands International, “El impacto de la minería de litio en los Humedales Altoandinos”. -Rodolfo Chisleanchi, “‘Triángulo de litio’: la amenaza a los salares de Bolivia, Chile y Argentina”, Mongabay Latam. -U.S. Geological Survey, Mineral Commodity Summaries, January 2023, “Lithium”.

Plenaria de cierre de la la vigésimo octava Conferencia de las Naciones Unidas sobre el Cambio Climático (COP28) en Dubai.

January 31 2024 Climate Change, Human Rights

After COP28 in Dubai: The complex road to Baku and Belém

By Javier Dávalos, Claudia Velarde and Marcella Ribeiro* The twenty-eighth United Nations Climate Change Conference (COP28), held in Dubai, United Arab Emirates, was the largest ever in terms of the number of participants. The representatives of the States Parties to the United Nations Framework Convention on Climate Change and the Paris Agreement held intense discussions under the scrutiny of stakeholders from various sectors. The final results lack the clarity and ambition needed to define the next round of Nationally Determined Contributions (NDCs). However, the fact that for the first time in almost 30 years all fossil fuels (coal, oil and gas) were mentioned in the main decision of the meeting represents a before and after in climate negotiations. This fact also marks the way towards the next conferences: COP29 in Baku (Azerbaijan) and COP30 in Belém do Pará (Brazil). Below we take stock of COP28 and analyze its implications for the future of climate action in Latin America and the Caribbean. Progress at COP28 For the first time, the outcome document mentioned the need for a transition away from fossil fuels in energy systems in a fair, orderly and equitable manner, accelerating action in this critical decade. The text of the global stocktake of the state of implementation of the Paris Agreement also clearly stated the goals of tripling renewable energy and doubling energy efficiency. The Glasgow target for reducing methane emissions by 2030 was affirmed, as was the exit from inefficient fossil fuel subsidies. Key elements of the work program on just transition pathways were defined, including its scope, objectives, results and institutional arrangements. What was missing at COP28 With regard to the energy transition, there was a need for greater determination to close the door on false climate solutions. On the one hand, there was a call to accelerate nuclear energy and abatement and elimination technologies (carbon capture, utilization and storage) and, on the other, it was noted that "transition fuels" could facilitate this process while ensuring energy security, implicitly giving a free pass to fossil gas. In terms of adaptation, no real progress was made towards a framework for climate action based on the protection of the ocean, wetlands and forests. Nor was there reinforcement of operational synergies between the key policy processes governing terrestrial, freshwater, coastal and marine ecosystems worldwide. While the first step was taken to operationalize the Loss and Damage Fund, the decision did not include a reference to human rights in its objectives and mission. In addition, it limited the participation of indigenous peoples and local communities on the Board of the Fund under the category of invited observers. It also failed to mention the principle of common but differentiated responsibilities, meaning that the fund would be financed solely by grants. In addition, the World Bank was designated as the fund's administrator, putting at risk that the communities most affected by the impacts of the climate crisis would have access to resources in an agile, direct and debt-free manner. Regarding the just transition, it was not recognized that the energy transition puts different pressures on the territories where raw materials or critical minerals such as lithium, copper and cobalt are obtained. This affects Latin America in particular. As a result, developed and developing nations disagreed on whether to keep the transition at the national or international level. And so the transition was not considered an integral and plural transformation process that implies creating socio-political conditions to restructure the organization, ownership and distribution of the current production and consumption systems for the enjoyment of the right to energy. The countries failed to reach an agreement on the substantive elements of the new quantified financing target. Progress was limited to definitions of the process and procedures for defining it. In 2024, there will be at least three technical dialogues to discuss the elements of the target such as amounts, timelines, financing targets by area, and how progress will be measured. What's next: Heading towards COP29 and COP30 The next climate conferences will have to navigate complex contexts, marked by the long-standing crisis of multilateralism, the unfair distribution of burdens for the energy transition—particularly in terms of the exploitation of critical minerals—,and the growing co-optation of negotiations by the corporate interests of fossil-related companies. In this context, the performance of Latin American countries at COP28 is an indication of how their positions for COP29 and COP30 will be constructed: Brazil sought to position itself as a "climate champion" but could not hide its strong fossil fuel extraction agenda. As host of the upcoming COP30, Brazil tried and failed to explain away membership in the expanded Organization of the Petroleum Exporting Countries (OPEC+) without success. Then, days after COP28, it tendered 613 oil blocks in the Amazon with a view to becoming the world's fourth largest oil producer by 2030. Despite this, Brazil created a new work program on the goal of limiting global warming to 1.5 degrees Celsius, which it will take as a banner to COP30, together with the protection of nature and the fight against deforestation. Colombia, for its part, was the most vocal leader on the urgent need for transition, announcing its accession to the Fossil Fuel Non-Proliferation Treaty and maintaining clear interventions on the exit from fossil fuels in its panels and public interventions, which positions it as a regional leader for the upcoming conferences. Ecuador missed the opportunity to obtain funding and support from the international community to implement the Ecuadorian people's decision to close the ITT oil field in Yasuni Park. This omission could be remedied at COP29 because, beyond the delicate internal context, the South American country has just under a year to comply with the legal obligation to implement this decision and the international community can and should support the decision to close the ITT oil field in Yasuní Park. In another area, and within the process of the Advisory Opinion on the Climate Emergency, AIDA, together with other organizations, requested that the Inter-American Court of Human Rights refer to the decision adopted at COP28 regarding the Loss and Damage Fund, as it does not comply with or satisfy the obligations of States under international human rights law. It is expected that the Court will recognize the right to climate reparations and clarify that the establishment, implementation and operation of this fund does not exclude the possibility of making claims for reparations for losses and damages, nor does it block other judicial or administrative processes, measures or mechanisms for access to justice and comprehensive reparations for people affected by climate impacts. *Javier Dávalos is coordinator of AIDA's Climate Program, Claudia Velarde is co-coordinator of the Ecosystems Program, and Marcella Ribeiro is a senior attorney with the Human Rights and Environment Program.