Human Rights

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  

Inputs for the IACHR report on business and human rights

The Inter-American Commission on Human Rights prepared a questionnaire to request civil society input for its thematic report Business and Human Rights: Inter-American Standards. Together with various organizations participating in the Working Group on Corporate Accountability of the International Network for Economic, Social and Cultural Rights ("ESCR-Net"), AIDA participated in the presentation of a collective response to the questionnaire initiated by the Commission. AIDA contributed reflections on issues such as obstacles to enjoyment of human rights within business operations in sensitive and / or complex ecosystems; as well as the obligations and international legal standards on investigation, rendering of accounts, prevention, due diligence, supervision and reparation in matters of business and human rights.

The women defending Guatemala’s rivers from large dams

When Maria gets up each morning, the first thing she does is open the tap in her house to see if there’s any water. If there is, she prepares coffee and, within a few hours, food for her family. Her house is alive with plants and animals. Dogs, cats and chickens surround her as she lights the wood stove, carrying her young son on her back. Maria lives in Ixquisis, a region of northwestern Guatemala near the Mexican border, in the department of Huehuetenango. There, water springs from the earth and large rivers like the Pojom and the Negro flow through the mountains. For Maria, the river is a special place. There, she meets with other women and washes clothes, a traditional activity for women in her community, most of whom are indigenous. Each afternoon, as the water flows steadily downstream, they talk about their families, their to-do lists, their joys and their worries. Last month, Maria joined with the other women of Ixquisis to speak about the threats the dams pose to their way of life.  They were part of a workshop AIDA organized in collaboration with Protection International and the International Platform Against Impunity. Maria’s life has changed a lot since they started building the Pojom II and San Andrés dams, and she’s been losing sleep. Before the construction of the dams began, Maria used to fish. By submerging a basket in the river, she gathered—as if by magic—snails, shrimp and small fish. These are riches the river no longer provides. Instead, the once pristine river has become filled with garbage, rubble and other debris. The workers use its water to wash cars and machinery. “One day we will run out of water and we won’t be able to live,” Maria said, echoing the primary fear of the women of Ixquisis. “Our children will suffer.” Their fear is well founded. Many families like Maria’s already suffer from stomach and skin diseases that they associate with water pollution. Before the workshop, the women of Ixquisis hadn’t had the opportunity to speak publicly about the importance of water and the rivers in their lives. They hadn’t been able to explain how their rivers had changed since the dams’ construction began. They had also never been provided with information about the projects. But even without knowing the details of the dams, Maria and her neighbors understood that the water in their homes no longer arrived as cleanly or as regularly as before. Time and again, they have peacefully expressed their opposition to the dams. But their voices have been stigmatized and shaken by fear of reprisal. Before Maria walked calmly through her community, even at night. She now leaves the house in fear. But the people of Ixquisis have the support of people and organizations that work to protect the environment and human rights. The international organization Front Line Defenders, for example, recently awarded them the 2018 Award for Human Rights Defenders at Risk.  One day after the women’s workshop, we organized a second meeting attended by the men of the region. The lack of water has affected their main subsistence activity: the cultivation of bananas, cardamom, vegetables and other products they take to market. Because their harvests have decreased, they must now work more hours to obtain the same profit. I learned a lot from Maria. Her strength, as well as that of all the residents of Ixquisis, comes from her respect for nature and all it offers them. I share that feeling and channel it into my work as an AIDA attorney, legally advising the men and women of Ixquisis on how to defend their territory. I work so that water will continue to flow from their taps, and so that they can one day walk again without fear, in search of a healthier future for their children.  

Communities affected by Hidroituango dam in Colombia file complaint at IDB

In the midst of the humanitarian crisis caused by the Hidroituango dam project in the Cauca river basin, local communities request that the Inter-American Development Bank (IDB)’s accountability mechanism investigate whether the financial entity violated its environmental and social standards when investing in the project. Washington, D.C. Communities affected by the construction of the Hidroituango dam in Antioquia, Colombia, filed a complaint with the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank (IDB) at its Washington, DC headquarters today. The complaint requests that this accountability office investigate whether the IDB, through both its public and private lending arms, violated its own social and environmental standards when it invested in the project. Through the complaint, the affected communities, represented by Movimiento Ríos Vivos Antioquia, highlight that the bank did not follow its policies that investment projects must be sustainable, participatory and respectful of national legislation in the case of HidroItuango. There was no adequate environmental impact assessment, communities did not have access to participation or information, and the project occurs in a context of human rights violations and disproportionate use of force. It has also endangered the lives of thousands of people, who have had to be evacuated ad hoc due to the dam crisis. This contradicts the social and environmental standards required of IDB investments. The hydroelectric plant will be the largest in Colombia, with a 49 mile (79 km) reservoir that will flood a surface of 11,120 acres (4,500 hectares). The IDB Group has financed the project through various types of investment. In 2012, it approved a $2 million in technical cooperation for the Colombian State and in 2016, $550 million in direct investments to the company in charge of the project, Empresas Públicas de Medellín (EPM). In addition, the IDB manages a $1 billion loan package for the project, with funds from multiple institutional investors, including banks in Europe (KfW IPEX (Germany), BNP Paribas (France), BBVA y Banco Santander (Spain)), Asia (ICBC (China), Sumitomo Mitsui (Japan)), and Canada (CDPQ). The MICI responds to complaints from individuals and communities affected by IDB-financed development projects. The communities settled in the Cauca river basin and its tributaries that are affected by Hidroituango, are accompanied in the complaint process by the Center for International Environmental Law (CIEL), Interamerican Association for Environmental Defense (AIDA) and International Accountability Project (IAP). The claim comes amid a humanitarian crisis in the dam construction area and a wave of increasing violence against people who are defending their territory and water and oppose the project. What began on April 28 with the obstruction of one of the dam's tunnels has resulted in landslides, floods, and thousands of people displaced from their homes. All this has exposed the inadequate evaluation of project impacts and the poor environmental regulation under which the project was authorized on every front. The state of emergency in the area is still in effect, and neither the Colombian government or the company has ruled out the risk of the dam collapsing. The members of Movimiento Ríos Vivos have suffered multiple threats, intimidations, and rights violations. Between May 2 and 8, two of its members were killed. In addition, the region where the dam is located has been affected by historical violence and armed conflict. press contacts Isabel Zuleta, Movimiento Ríos Vivos Antioquia, +57 3217347264, [email protected] Carla García, Center for International Environmental Law, [email protected] Astrid Puentes, Interamerican Association for Environmental Defense, [email protected]             Carlos Lozano, Interamerican Association for Environmental Defense, [email protected] Alexandre Sampaio, International Accountability Project, [email protected]