Human Rights


Human Rights, Fracking

Defending communities from fracking’s advance in Argentina

In a country highly dependent on hydrocarbons, human rights and those of nature are often overlooked. That's why in Argentina, AIDA and our allies are supporting the efforts of communities and organizations to avoid the damages caused by fracking. In Neuquén province in Argentine Patagonia, a large metal structure rises high above the apple trees. It’s one of many fracking wells that have been installed in this rich natural area. A single well like this one requires roughly 11 million liters of water for operation, the equivalent to 18 years of water consumption for an average family.  Despite being internationally recognized as an experimental, risky and contaminating process, fracking is spreading rapidly through Argentina, affecting the land and water of the Mapuche people and other local communities.  Much of the nation’s exploration is taking place at Vaca Muerta, the largest unconventional gas reserve in Latin America. Roughly 30 thousand square kilometers, the site covers four Argentine provinces: Neuquén, Rio Negro, La Pampa and Mendoza.  The expansion of fracking has brought with it problems like pollution and great harm to the livelihoods of local communities, including the Mapuche, who are forced to find new ways of living on their land in order to avoid migration to urban centers.  Oil companies generate unstable and short-term employment. And, due to the increase in the price of land, the residents of the area must earn more money to maintain their standard of living.  In a country that gets 90 percent of its energy from hydrocarbons, the government has failed to prioritize the rights of indigenous peoples, of children and of nature. Instead, it has favored the economic income of a highly unsustainable activity.  That’s why the efforts of communities and civil society organizations to resist the blind advance of fracking are fundamental.  “What motivates me is caring for our land and water; nature is not ours, we belong to it,” stated Santiago Cane, member of the Environment and Natural Resources Foundation (FARN), an organization that is using the courts to stop fracking.  FARN filed a writ of amparo to invalidate the authorizations granted for the exploitation of four fracking wells in Mendoza. The environmental authority granted the permits in July 2017, in a record time of six days, without requiring an Environmental Impact Assessment. The lawsuit, which AIDA is supporting from our experience in international environmental law, remains in process.  “In Mendoza, fracking is advancing at a rapid pace,” Santiago explained. “The national and provincial governments are not taking into account the potentially irreversible pollution of water sources that serve several cities.”  In fact, Mendoza is a province that has suffered from water scarcity for years, a problem aggravated by climate change.  Those who promote fracking in Mendoza also overlook the fact that, by contaminating both surface and ground water supplies, the toxic chemicals used in fracking will likely reach the Llancanelo lagoon, a wetland of international importance located in the foothills of the Andes Mountains. The lagoon is a mandatory passage and rest area for more than 130 species of resident and migratory birds.  Additionally, the region is home to the Mapuche people. According to international law, indigenous peoples like the Mapuche must give their free, prior and informed consent to any activity that affects their territory. That right is not being respected in this case.  “I am motivated by the idea of a different economy that does not deprecate nature and that does not generate the accumulation of wealth within small groups of society,” Santiago adds.  FARN, together with AIDA, is part of the Latin American Alliance on Fracking, a coalition of organizations that work to slow fracking’s advance in the region.  Together we will continue our work to avoid fracking’s damages to our land and water. We are convinced that the power to stop fracking lies with the people. 

Read more

Mujer indígena camina a orillas del río San Pedro Mezquital en Nayarit, México

Women, water and life: the vital connection

As a woman and an environmental defender, I find it necessary to commemorate the role of women in the protection of our natural heritage. I feel a special pull toward making visible the links between environmental defense, courage, and gender.  Women are the first victims of environmental deterioration, but they’re also the greatest protagonists in the defense and conservation of nature.  Although it may seem like women and the environment are two different topics, there are subtle—but strong—links between the two, particularly when it comes to water. Women have an important relationship with water—they are both sources of life and fundamental to existence. It’s not surprising, then, that women can often be seen leading struggles in defense of water, especially within indigenous and rural populations. Joan Martínez Alier, professor of economics at the Autonomous University of Barcelona and an expert in political ecology, explained to Agencia EFE that often, socio-environmental conflicts involving mining or the privatization of water directly affect the survival of communities and, for that reason, women act in defense of water as they would in defense of their land or their family: bravely and completely. Little is known, however, about the knowledge and experience of women in water management. In many cases, especially in the Global South, the administration of water resources, as well as the elaboration and implementation of related policies, doesn’t take into account gender roles and lacks a differentiated approach. In rural Colombia, for example, women bring water to their homes from rivers or springs, boil it for use in the kitchen, and care for it. Despite their central role, they are not consulted when decisions are made locally or nationally about the water supply. It’s necessary to bring visibility to the role women play in water management, give equal recognition to the interests of men and women, and promote equal access to decision-making spaces. Only in that way can we advance towards greater equality. It’s important to remember that Latin America is one of the most dangerous regions in the world to be an environmental defender, and more dangerous still for women. Many women, who fight silently from their communities or from their leadership roles, have suffered the violence and injustice that comes with defending what is theirs. I must take a moment now to remember and honor Berta Cáceres, the indigenous activist and leader of the Civil Council of Popular and Indigenous Organizations of Honduras (COPINH), who dedicated her life to the defense of the Gualcarque River. Berta was murdered in March 2016, after years of threats stemming from her opposition of the Agua Zarca Dam. She may be gone, but her spirit, and her commitment to justice, is still very much alive. I’d also like to mention my colleagues, courageous friends, and allies who through their struggles are shaping a more just and equitable world. They believe, with all their hearts, that gender justice comes hand-in-hand with environmental justice. In our current reality, equality, more than a starting point, is a goal we must work towards. Concrete actions are needed to counterbalance the discrimination that affects us all. That’s why it is fundamental to incorporate the gender approach in any plan, program, project or mechanism of public administration. As the World Bank mentions in a 2002 report, the way to ensure both men and women benefit more equitably from policies is to make their needs and experiences an integral part of them. Life depends on women, as it does on water. That’s why we proudly act as stubborn defenders of not just water, but of all natural resources and of those who depend on them. Although not always visible, our struggle is as present as the water that travels in so many ways across our planet. It’s important that we come together in support of one another—in our victories and our defeats. May we continue sharing our fears and our fights and, above all else, may we never abandon the defense of our territory—because it defines us and to it we owe everything. I’ve always thought that water has the face of a woman. Every day now, I see it more clearly.  

Read more

Climate Change, Human Rights

Inter-American Court establishes historic precedent for the protection of human rights in the Americas

In response to a consultation made by Colombia, the Court recognized the right to a healthy environment as fundamental to human existence. They also recognized the impact of climate change on human rights. At AIDA we celebrate this decision, which strengthens the obligations of States to protect the natural environment and those who depend on it.  The Inter-American Court of Human Rights established a historic precedent for the protection of the people of the Americas in its response (Advisory Opinion) to Colombia’s consultation on the scope of States’ obligations to protect human rights from damages to the marine environment in the Greater Caribbean region. “We celebrate this decision, which will undoubtedly serve as a global example and a fundamental legal tool for those of us who work for environmental and climate justice,” said Astrid Puentes Riaño, co-executive director of AIDA. “It will also serve as an impetus for the States of the region to protect key ecosystems, such as the Guarani Aquifer, the Andes, the Amazon, the Pacific and the Greater Caribbean region.” The Court concluded that a healthy environment is an autonomous right, “fundamental to the existence of humanity,” in the first time they have developed the subject. It also recognized the impact of climate change on the effective enjoyment of human rights, particularly for the most vulnerable populations, such as indigenous peoples, children, and those living in extreme poverty. With this decision, taken in November and made public yesterday, the Court welcomed and enhanced similar recognition by organisms of the United Nations and regional courts. The Court established that the obligation of States to respect the rights to life and personal integrity, in relation to environmental protection, implies that they must: Avoid causing “significant” environmental damage in and outside their territory, for which they must regulate, supervise and monitor activities that could cause harm. Assure, among other things, the realization of effective and independent environmental impact studies, as well as mitigation and contingency plans for potential damages. Cooperate with other States and provide them with information regarding risks to their natural environment. Apply the precautionary principle to protect the rights to life and personal integrity due to serious and irrevocable environmental degradation, even when scientific uncertainty exists. Guarantee the rights to public participation, access to information related to potential environmental harms, and access to justice in decision-making that could affect the environment. In January of 2017, AIDA presented observations on Colombia’s consultation and, in March of that year, participated in a hearing before the Inter-American Court. We argued that the implementation of large infrastructure projects in the Greater Caribbean and other areas could affect the environment to such a point that they could put at risk the life and personal integrity, among other human rights, of the people living there. “The Court has taken an important step towards the protection of the oceans and other key ecosystems by incorporating international commitments to environmental protection as part of the obligation of States to protect human rights,” said Gladys Martínez, senior attorney of AIDA’s Marine Program.  Consult and download a summary of the Court decision here. Press contact: Victor Quintanilla,+521 5570522107, [email protected]  

Read more

Brazil and the example that should be followed

In an apparent turnaround, the Brazilian government has signaled an end to the construction of large dams in the Amazon. If materialized, it will be a step worthy of imitation. Then the region, and the world, can move towards truly sustainable energy generation that respects the environment and human rights.  2018 began with encouraging news for the energy sector, and for rivers and human rights in Latin America. A senior official with the Brazilian government signaled, in an interview with the newspaper O Globo, the beginning of the end of large dams in the Amazon nation. That statement is backed up by the notable absence of several of these projects in Brazil’s new Ten-Year Plan for Energy Expansion. The about-face is particularly significant since Brazil is a world leader in the construction of large hydroelectric projects, which until a few months ago were relied on to meet the nation’s rising energy demands. Between corruption and lack of financing The decision is a response to various factors, including the social conflicts and environmental impacts that large dams have caused in the Amazon, and major opposition from indigenous communities and civil society organizations. In addition, these projects have involved high costs from the start and, as Edvaldo Santana, former director of the National Electric Energy Agency (ANEEL) told O Globo, they “end up costing much more, despite the licenses.” Large dams have also been at the center of the largest corruption scandal in the history of Brazil, uncovered by the Lava Jato investigation, which went beyond borders to involve politicians and businessmen from 11 Latin American nations. The evidence gathered then prompted the initiation of Leviathan, a special investigation into the Belo Monte Dam due to the signs of high payments of bribes related to its construction. All of the above is in addition to the requirements for environment licenses with which several projects have failed to comply. This is the case of Belo Monte, whose license has been suspended for months, and of the Tapajós Dam, who license was denied last year. On the other hand, the Brazilian government announced the privatization of Electrobras, a public company with a fundamental role in the construction of these large infrastructure projects. With this and the economic crisis that has affected the ability of the Brazilian National Bank for Economic Development (BNDES) to support these mega-projects, the large dams have lost their primary sources of funding. Therefore—and in the face of technological advances and clean energy alternatives—Brazil is beginning to leave behind large dams and take and important step towards truly sustainable energy, and development that respects human rights. This advance could have an important impact on the entire American continent. It could begin a wave of change toward a more modern energy matrix, further removed from the increasingly obsolete large dams. A necessary change In the Amazon basin alone, more than 275 new large dams are planned, the majority in the Andean region. And hundreds more are lined up in Central America and Mexico. To echo Brazil’s announcement, these initiatives could incorporate adequate and comprehensive energy planning with serious cost and risk assessments. In these terms, Pablo Pedrosa, Executive Secretary of Brazil’s Ministry of Mines and Energy, told O Globo, “We are not willing to make moves to disguise the costs and the risks.” Even global entities such as the International Finance Corporation (IFC), part of the World Bank Group, have experienced first-hand the financial, reputational and socio-environmental costs of inadequately evaluating large dam projects. In 2012, the IFC, through the Latin American Fund for Renewable Infrastructure, provided $15 million USD to fund the Santa Rita Dam, which was to be built on the Ictobay River in Alta Verapaz, Guatemala. At the end of last year, the entity’s accountability mechanism concluded that the investment had breached the IFC’s operational policies.  The project had failed to comply with the affected community’s right to free, prior and informed consent. Although IFC management denied the findings of its accountability mechanism, the project has been suspended since 2013 and the indigenous communities of the area maintain their opposition to it. Brazil’s recent decision reinforces the global trend of moving away from large dams. Over the last several years in the United States, large dams have been removed to rescue rivers and the benefits they provide, like wild salmon runs on the Snake River in Washington State. Given this good start to the year, it will be essential to ensure the effective implementation of Brazil’s decision. And, following that example, perhaps other Andean-Amazonian countries will also move towards modernity, consider the real costs of large dams, and begin to promote better, cheaper energy alternatives that don’t sacrifice natural ecosystems and the communities that depend on them.

Read more

Paramos

Eight key themes for Colombia’s environmental agenda in 2018

For Colombia, 2017 was a year marked by debate on the right of communities to be consulted about decisions that affect their territories and ecosystems. We saw it through the organization of popular consultations and mobilizations that questioned mining and fracking projects and, in short, the continuity of extractivism. It was also evident in the decision of the Constitutional Court, the highest court in the country, to invalidate the delimitation of the Santurbán páramo, a water source for millions, because the government’s decision did not take into account the population. On the other hand, Colombia joined the global debate on climate change and the need to promote a model of economic development free of fossil fuels. Now, in the face of the presidential elections and the implementation of the peace accord, environmental participation, territorial autonomy and fracking remain particularly important issues. What follows are eight topics key to Colombia’s environmental agenda in 2018: Environmental participation: Popular consultations, as an expression of empowered communities seeking to have a say on projects that will affect them, will continue holding a privileged place in public debate. Territorial autonomy: Although constitutionally recognized, the ability of departments and municipalities to govern themselves autonomously in various areas, including the environment, is not entirely defined. It remains to be answered: Who should decide? And about what can they decide? Indigenous authorities: Following on the heels of the above, the autonomy and decision-making ability of indigenous authorities in relation to environmental issues will give us much to discuss this year. Fracking: The key question is, faced with fracking’s expansion throughout the region, will Colombia adopt the position of social organizations on the application of the precautionary principle to avoid the health and environmental damages associated with fracking? Decarbonization: As an energy producer, will Colombia join France, the United Kingdom and Italy, nations that recently signed an alliance to close coal plants before 2030 and comply with the Paris climate agreement? La Niña: The strong winds and rains of the La Niña climate phenomenon will return to the country this year. Adequate measures to mitigate the risk will be fundamental, as will the application of lessons learned in 2010, when the phenomenon left hundreds dead and the loss of millions of pesos. Páramos: Following the decision of the Constitutional Court to invalidate the delimitation of the Santurbán páramo, this year promises to be full of controversies about the new delimitation of this important ecosystem. Also key will be the issue of community participation in the demarcation of the rest of Colombia’s páramos, a measure oriented to protect them against harmful projects like mining. Principle 10: The negotiation of a regional agreement on the access to information, to justice and to public participation on environmental issues, remains underway. The agreement seeks the application of Principle 10 of the Rio Declaration on Environment and Development, key to guaranteeing the right to a healthy and sustainable environment for present and future generations. At AIDA, and through the Network for Environmental Justice in Colombia, we will continue to promote solutions to the country’s environmental conflicts based on the effective application of national and international standards.

Read more

Celebrating 7 Advances to Close Out 2017

As the year comes to a close, we're happy to share with you several recent advances we've made in the name of environmental protection in Latin America. Each project we launch or case we win is a step toward a more just region, and a healthier planet for our children. Because of your support, we: 1. Saved Colombia’s Largest Coastal Wetland We successfully petitioned Colombia to list the Ciénaga Grande de Santa Marta among the world's most at-risk wetlands, opening up the resources needed for its recovery.   Learn More 2. Launched the Bolivian Environmental Justice Network We founded a coalition of environmental and human rights organizations in Bolivia to support citizens’ efforts to defend the environment and those who depend on its health.  3. Campaigned to Protect Patagonia from Salmon Farms We petitioned Chile to investigate damage being done by salmon farm operations in Southern Patagonia, and launched a citizens’ campaign to raise awareness of the growing threat.  Learn More 4. Secured Healthcare for Victims of Toxic Pollution We secured specialized medical care for residents of La Oroya, Peru, whose lives and health have long been affected by a heavy-polluting metal smelter that operates beside their homes. Learn More 5. Protected Sea Turtles on the High Seas We represented Latin American citizens and organizations in the development of a United Nations treaty to protect the shared parts of our ocean and the rich life within. Learn More 6. Stimulated Divestment from Mining in a Protected Wetland We convinced the World Bank to withdraw support from a gold mine in the Santurbán páramo, a protected ecosystem and water source for millions of Colombians.  Learn More 7. Advised Rural Town in the Lead-Up to a Mining Ban We provided legal advice and scientific analysis to the people of Cajamarca, Colombia, who then voted by a margin of 98% to ban all mining activities from their territory.  Learn More  

Read more

El Cacique Raoni, líder indígena brasileño, denuncia las amenazas a los derechos humanos del proyecto Belo Monte

Why I’m joining the fight for justice for Belo Monte’s victims

On April 1, 2011, the Inter-American Commission on Human Rights granted protective measures to the indigenous communities affected by a large dam in the heart of the Brazilian Amazon. It was then I first heard of Belo Monte. I was working as a human rights defender in my native country of Colombia. The Commission ordered the suspension of all permits and work related to the dam until the protection of indigenous rights was guaranteed. I remember clearly the excitement generated by the decision, followed swiftly by Brazil’s rejection of it and the imposition of their diplomatic power. Other governments of the region supported Brazil’s position with unusual solidarity, questioning the competence of the international organization to grant such measures in relation to “development” projects. Due to the overwhelming pressure, the Commission, for the first time in its history, modified its decision: it said Brazil must guarantee the life and integrity of affected populations, but that construction could continue. I’ve never understood the governments’ reaction in this case. The Commission had simply fulfilled its mandate: to avoid irreparable harm to the rights of a group of people. The project had not consulted affected indigenous communities, and lacked adequate social and environmental impact studies. It has gone on, as predicted, to cause serious damage to both the environment and human health and wellbeing. The indigenous and riverside communities, which have for generations cared for the Xingu River, have been left to deal with the impacts of a project that interrupted the flow of the river, irreversibly altering their way of life and means of subsistence.  The hope continues More than six years have passed since the case was taken before the Commission, which, as an organ of the Organization of American States, is called to protect human rights on the continent. Over this time, Belo Monte has progressed as planned and the threats of social and ecological harm have become a reality. The dam has: caused the forced displacement of more than 40 thousand people, aggravating poverty and social conflict in the area; saturated the health, education, and public safety systems in Altamira, the nearest city; violated the right to adequate housing for thousands of families; and increased violence against human rights defenders. It caused and continues to cause damage to the Amazon rainforest, worsening climate change and its impacts. Despite the setbacks, the hope of achieving justice for affected people has grown over time as well. In September, I became the Senior Attorney for AIDA’s Human Rights and Environment Program. As such, I’m involved with our case before the Commission.  I’m honored to have joined an organization that, in alliance with local organizations, has dedicated years to ensuring that the people of the Xingu get reparation for the damages they’ve suffered, and is working to create new standards for environmental and human rights protections in the region. In 2010, AIDA and our allies requested precautionary measures from the Commission. One year later, we filed a formal complaint against Brazil regarding the human rights violations related to Belo Monte. In December 2015, the Commission opened the case for processing. On October 31 of this year, the Commission gave new impetus to the litigation process against Brazil: it decided to unite two stages that, as a rule, are processed separately. In the first, the necessary aspects regarding admissibility of the case are verified. In the second, a fundamental decision is made that analyzes whether a State failed to comply with the international obligations it undertook when signing the American Convention on Human Rights. The petitioners must present the allegations of human rights violations, and the State their responses to them. The Commission will then issue a decision on the case’s admissibility as well as its merit. Their recent exception will expedite the process of reaching that decision. We’re working for the Commission to issue recommendations to Brazil to repair the violations committed. If those recommendations are unfulfilled, the case may be referred to the Inter-American Court of Human Rights, which has the power to issue a ruling condemning Brazil and recommending reparation measures. Valuable lessons Belo Monte is, without a doubt, a lesson for the continent. The case shows that projects of this type are environmentally unviable and generate irreparable damage to human rights. Belo Monte also shows that States must rethink their energy models and turn their efforts toward promoting truly clean and sustainable energy. It’s a warning sign for financial institutions to avoid investing in projects with negative socio-environmental impacts. Finally, it’s an opportunity for the Inter-American Human Rights System to establish a valuable precedent that will hopefully help avoid a similar situation from happening again.  On behalf of AIDA, I’m proud to be contributing to the fight for a healthy environment in this and many other cases. Our journey is just beginning.   

Read more

When nature is your best client

AIDA’s attorneys both hail from and live in Latin America, fostering a profound respect for the region’s natural environment and those who depend so intimately on it. They’re turning their knowledge into action, and working to protect communities and ecosystems vital to their national heritage.    Uniting the environmental community in Bolivia Claudia believes in environmental justice. “If people are not guaranteed quality of life and an adequate natural environment, their basic human rights are being violated,” she said. This belief led her first to study law and then to work on behalf of civil society to promote the production of healthy, pesticide-free food. Small-scale agriculture, with less environmental impact and more community benefits, is what Claudia remembers best when she thinks of her childhood in Cochabamba, Bolivia. There were gardens behind every house. From a very young age, she grew berries and always had apples, figs, guava, and other fresh fruit on hand. But with urbanization, the valley where she grew up became a city, and buildings replaced the lush green landscape. “It was a complete shock to see these changes made in the name of progress.” Claudia knows that her contribution to a better world will come from environmental law, and that she will have a greater impact by reaching more people. That’s why she joined AIDA’s Freshwater Program, where she offers free legal support to governments, communities, and local organizations. One of Claudia’s greatest achievements has been to successfully unite isolated efforts across Bolivia to confront common environmental problems. This year Claudia oversaw the formation of the Environmental Justice Network of Bolivia, a space for organizations and individuals to develop joint strategies for environmental protection. As their first big event, the Network organized a two-day forum on how to achieve justice for damages caused by mining operations. “I’ve seen the ways that Bolivia’s indigenous peoples understand the world, and how they relate with Mother Earth. In cities, nature is seen as an object; for the indigenous, it’s the common house we must care for because it provides us with everything we have. I’ve made this vision my own.”  Protecting coral reefs in Mexico   Camilo’s first interaction with the ocean took place in Boca del Cielo, a remote beach on the coast of Chiapas, Mexico where a stream meets the sea. There, he played in the waves and ate seafood, saw his first sea turtle, and watched the monkeys and birds play in the tall mangroves.     During his childhood in San Cristobal de la Casas, his father taught him to swim against the current in the Cascadas de Agua Azul, an important natural reserve.    “My father loves nature and has always transmitted that feeling to my brothers and me,” said Camilo, who now lives with his son Emiliano en La Paz, Baja California Sur.    Living in a coastal city has given him a newfound appreciation for the ocean and its vital connection to our land. Camilo applies this understanding to his work as an attorney with AIDA’s Marine and Coastal Protection Program.    He is working, for example, to save the Veracruz Reef System, the largest coral ecosystem in the Gulf of Mexico, which serves as a natural barrier against storms and hurricanes and is a source of livelihood for fishing communities.    The site is seriously threatened by the expansion of the Port of Veracruz. Camilo is working so that the Mexican government respects the international treaties it has signed, which obligate the preservation of the site and the biodiversity found within.   Camilo remembers, when he studied law in Chiapas, exploring caves in his free time, to which local farmers guided him.    “Being in touch with nature often leads you to small communities who care for and revere their connection with the natural world, values you quickly come to understand and share.” Seeking the rain in Brazil If anyone knows the value of the rain, it’s the people of Paraíba State in northeast Brazil, who have for years been hit by an extreme drought. There, according to official information, the number of cities without water nearly doubled between 2016 and 2017.   “The drought has shaped our customs, our eating habits, and our culture,” says Marcella, who was born in the State’s capital city of João Pessoa. Now living in Recife, she is a fellow with AIDA’s Human Rights and the Environment Program.   Through her role as an environmental and human rights attorney, Marcella seeks to soften the effects of the drought in Paraíba. The way she sees it, she’s helping to do so through her work on the case of the Belo Monte Dam.   “Large dams are dirty energy, and they’re damaging the Amazon rainforest, a key ecosystem that regulates climate and helps ensure it rains not just in Brazil but around the world. By working on this case, I’m fighting for the existence of rain in my State,” she explained.   Last June, Marcella paid her first visit to Altamira, the city closest to Belo Monte. She spoke with people whose way of life had been destroyed by the dam.   “I met someone who used to fish, grow his own food, and sell what was left in the city; because of the dam, his island was flooded and he lost everything.”   For Marcella, there is no better way to understand the severity of the impacts of these inadequately implemented projects than to listen to those affected by them.   “It gives me a notion of reality. Helping to get justice for these people is an obligation for me. It’s the best I can do, using the tool I know best: the law.”   

Read more