Human Rights

Climate Change, Human Rights

A Human Rights Based Approach to Climate in Latin America

By María José Veramendi Villa, AIDA senior attorney, and Camila Bustos, Nivela lead researcher A few days before the beginning of the climate negotiations in Paris, the Office of the High Commissioner for Human Rights submitted an official document to the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change on “Understanding human rights and climate change”. For many, the link between these two remains unclear. Aren’t there already other international agreements that discuss this issue in depth? What is the point of including human rights language in a climate change agreement? The link between human rights and climate change has been recognized long ago by the UN Human Rights Council, which has passed several resolutions to bring attention to this issue. Several countries are already feeling the impacts of climate change: rising sea levels, droughts, extreme weather events and floods among other disasters are becoming increasingly common. Latin America and the Caribbean is one the most vulnerable regions to climate change. People and communities across the region are suffering from devastating impacts such as the melting of glaciers in the Andes, rising sea levels, and ocean acidification. Many face the risk of losing their traditional livelihoods and being displaced.     The impacts of climate change on the enjoyment of human rights in Latin America have been thoroughly documented by the Interamerican Association for Environmental Defense in its 2011 report on Climate Change and Human Rights. One of the most shocking impacts includes the drastic reduction to water in the region. By the year 2025, melting glaciers, the degradation of wetlands, intense droughts and erratic meteorological patterns will limit access to water to more than 50 million people in the tropical Andean region.  Other anticipated effects include flooding and changing rain patterns. In Colombia, flooding affected more than 2.2 million people and cost $300 million USD in 2010 alone. In the transition to a low-carbon and resilient economy, countries are already working to design and implement projects that reduce greenhouse gas emissions and protect citizens from climate change impacts. A reference to human rights in the operational section of the agreement can ensure that human rights are taken into account in the process of developing and implementing climate policies. This is why: It will raise the ambition and strengthen the agreement promoting an implementation that will ensure that parties comply with their already existing human rights obligations. It will support the goals of the agreement by preventing discrimination, exclusion and inequality. The affected communities have to have a say in the policies and projects designed to help them. It will not create additional obligations, but ensure that there is coherence in the international regime. Parties are already obliged to comply with other human rights instruments, including the Universal Declaration of Human Rights. As the world turns its attention to Paris, we cannot forget to humanize climate change and remember that those who have contributed to the least to the problem are and will continue to be the most affected. If we want to ensure a livable planet for the future generations the new climate agreement must include the respect, protection, promotion and fulfilment of human rights. We call on all State Parties and specially those of our Latin American region to support the inclusion of human rights protections in the agreement.

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Climate Change, Human Rights

For the life and health of my children: We MUST include Human Rights in the New Climate Accord

By Astrid Puentes Riaño (@astridpuentes) Originally published by IntLawGrrls We humans have caused climate change, a real threat to humanity thus it requires human solutions.  We also have lost precious time on eternal discussions about the existence of climate change, despite imminent evidence.  Our efforts to deliver solutions must be inclusive and ambitious if they are to ensure that the lives and livelihoods of all people are protected. If and how to include human rights protections in new climate accord was one of the primary issues discussed during October’s Bonn Climate Conference. These protections were notably left out of the no-text presented by the co-chairs, and then added back in at the insistence of several countries, many from the Global South, and hundreds of civil society organizations. I could write a long list of legal, political, ethical, and economic arguments as to why human rights must be included in the Paris Agreement. In my opinion, however, they can all be distilled into two primary and powerful arguments: my children! At 4 and nearly 2 years old, they are already experiencing the realities of a changing climate.  Some days, for example, they cannot go to the park because of increased air and climate pollution levels in Mexico City, be it black carbon or ozone, or both.  Unfortunately, the worst is yet to come, as hurricanes, droughts, floods, glacier loss, and fires are all increasing. Now the question for my kids is not whether they will suffer from climate change, but to what extent. Some may say I’m exaggerating, and that my kids aren’t among the most affected. They’re right. Many others are suffering, and will continue to suffer, far worse consequences, such as: the Kunas in Panama, who are loosing their land due to sea-level rise; the 62 million people living on 52 small island states, including Tuvalu and Barbados; the 70 million people in the Andes, all of whom depend on water from glaciers and paramos, which are expected to dissapear within a few decades. Despite the evident urgency, official responses have been shamefully slow. The United Nations recently announced that current national commitments aren’t enough to prevent world temperatures from surpassing 2oC by 2100, when my children will be 89 and 87 years old. How, then, can we speed up agreements, increase ambition, and close the gap between what is needed and what is promised by States? Human Rights are an important part of this answer. If implemented, they can help to: Recognize the realities of climate change and its impact on the enjoyment of human rights of all peoples, particularly those in vulnerable situations. Remind States of their existing obligations to protect and respect human rights, obligations which are fundamentally shared by corporations and other international entities. Incorporating human rights in the climate change agreement will not create new obligations; it will instead allow us to be consistent and comply with preexisting commitments. Avoid increased threats to world stability that have been linked to climate change due to impacts such as: local resource competition, livelihood insecurity, migration, extreme weather events and disasters, volatile food prices, transboundary water management, sea-level rise, coastal degradation, and the unintended effects of climate policies. Spur effective solutions, such as the rethinking of energy. These kinds of solutions haven’t yet been achieved due to a lack of ambition and political will. For my son and daughter, and the millions of children of the world, we must accept that climate change is a human rights issue. For the health of future generations, and that of those already suffering from its impacts, we must do all we can to create effective solutions. The new climate accord, which will be signed in Paris this December, must include human rights protections in its Preamble, as well as in its operative text. Only then, with an overarching respect for the rights of all people, can begin to see the results we need in the fight against climate change. We must take the climate crisis seriously. If not, we will be trapped in short-sighted negotiations that won’t provide my children the hope of a dignified and healthy life. They will be left inside, unable to play in the park, to enjoy the world beyond our doorstep. And those in more vulnerable situations may be left with nowhere at all to find the shelter they seek.

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Human Rights, Indigenous Rights, Freshwater Sources

Brazil authorizes operation of the Belo Monte Dam, disregarding the rights of affected communities

The environmental authority granted the project’s operating license, ignoring evidence of noncompliance with conditions necessary to guarantee the life, health and integrity of indigenous and other affected populations. Altamira, Brazil. The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) today authorized the Belo Monte Dam’s operating license, which allows the dam’s reservoirs to be filled. The authorization was granted despite clear noncompliance with conditions necessary to guarantee the life, health and integrity of affected communities; the same conditions that IBAMA called essential in its technical report of September 22. IBAMA’s decision makes no reference to conditions needed to protect affected indigenous peoples. “We can’t believe it,” said Antonia Melo, leader of Movimiento Xingú Vivo para Siempre, who was displaced by the dam’s construction. “This is a crime. Granting the license for this monster was an irresponsible decision on the part of the government and IBAMA. The president of IBAMA was in Altamira on November 5 and received a large variety of complaints. Everyone – riverside residents, indigenous representatives, fishermen, and members of the movement – talked about the negative impacts we’re living with. And now they grant the license with more conditions, which will only continue to be violated.” In an official letter to IBAMA on November 12, the president of the National Indian Foundation (FUNAI) concluded that conditions necessary for the protection of affected indigenous communities had clearly not been met. However, he gave free reign for the environmental authority to grant the operating license “if deemed appropriate.” “The authorization clearly violates Brazil’s international human rights commitments, especially with respect to the indigenous communities of the Xingú River basin. Those affected populations are protected by precautionary measures granted in 2011 by the Inter-American Commission on Human Rights, which the Brazilian government continues to ignore,” said María José Veramendi, attorney with the Interamerican Association for Environmental Defense (AIDA). The license allows for the filling of two of the dam’s reservoirs on the Xingú River, an Amazon tributary. It is valid for six years and is subject to compliance with certain conditions; progress will be monitored through semiannual reports. Such conditions should have been met before the dam’s license was even considered, let alone granted. “Environmental licensing is a way to mitigate the effects, control damage and minimize the risks that the dam’s operation entails for the community and the environment. By disrespecting and making flexible the licensing procedures, the government is allowing economic interests to prevail and ignoring its duty to protect the public interest,” said Raphaela Lopes, attorney with Justiça Global. AIDA, Justiça Global, and the Para Society of Defense of Human Rights have argued on both national and international levels that the conditions needed for Belo Monte to obtain permission to operate have not been met. The project must still guarantee affected and displaced populations access to essential services such as clean water, sanitation, health services and other basic human rights. “The authorization of Belo Monte, a project involved in widespread corruption scandals, contradicts President Rousseff’s recent statement before the United Nations, in which she declared that Brazil would not tolerate corruption, and would instead aspire to be a country where leaders behave in strict accordance with their duties. We hope that the Brazilian government comes to its senses, and begins to align its actions with its words,” said Astrid Puentes Riaño, co-director of AIDA.   The green light for Belo Monte couldn’t have come at a worse moment. On November 5th, two dams impounding mine waste—owned by Samarco, a company jointly overseen by Vale and BHP Billiton—broke in the city of Mariana, Minas Gerais, causing one of the greatest environmental disasters in the country’s history. A slow-moving flood of mud and toxic chemicals wiped out a village, left 11 dead and 12 missing, and affected the water supply of the entire region, destroying flora and fauna for hundreds of miles around. The toxic flood has since reached the sea. The company’s operating licenses had expired two years ago.  Approval of Belo Monte’s operating license comes just six days before the start of the Paris climate talks, the most important meeting of the United Nations Framework Convention on Climate Change in recent history. Once in operation, Belo Monte will emit greenhouse gases including carbon dioxide and methane; as the world’s third-largest dam, it will become a significant contributor to climate change. By authorizing Belo Monte, the government of Brazil is sending a terrible message to the world. Ignoring its international commitments to protect human rights and mitigate the effects of climate change, the government is instead providing an example of how energy should not be produced in the 21st Century. 

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Toxic Pollution, Human Rights

Still Waiting for Justice in La Oroya

Part 1 of a 2-Part Series on the Human Rights Situation in La Oroya, Peru. By María José Veramendi Villa Juana[1] is tired. She and her neighbors have been waiting eight years for a ruling; eight years for a decision that could better their lives, clean their air, attend to their sick children and families. What began as a courageous and hopeful quest for justice has become a discouraging waiting game. Since 2007, a group of residents in La Oroya, Peru, has acted as petitioner in a case before the Inter-American Commission on Human Rights, Community of La Oroya v. Peru. For nearly a century, their city has been contaminated by the operation of a metallurgical complex (smelter) within its borders. The smelter has blackened the air, poisoned their bodies, and released toxic chemicals into the land and water. La Oroya was once identified as one of the most polluted cities in the world. The severe contamination has, and continues to have, grave impacts on the health of the city’s residents. Realities of La Oroya When AIDA’s co-executive director Anna Cederstav first arrived in La Oroya in 1997, women were walking around with scarves covering their faces, a vain attempt to ease the pain of breathing. Juana explained that she had felt the steady burning in her eyes and throat—the effects of contamination—since she could remember, but didn’t pay it any mind. Like most of the population, she thought it was normal. She didn’t really know what clean air was because she’d never experienced it. AIDA has worked for nearly two decades with the community of La Oroya. In 2002, we published the report La Oroya Cannot Wait with the Peruvian Society for Environmental Law. That report began to reveal to the community the severity of the pollution and health risks they were facing on a daily basis. The community realized they had to do something. Juana said it was in 2003, more than 80 years after the smelter began operating, that she became aware of the contamination. Through work with her parish, she was able to access information and learn about what was happening in her city.  From there, she connected the dots—the respiratory problems in her family were, in fact, a result of her city’s extreme contamination. The quest for justice Residents submitted their case before the Inter-American Commission after their attempts at justice within Peru produced no remedy. A 2006 ruling by Peru’s Constitutional Tribunal against the State ordered it to adopt measures to protect the health of the community, but the State took no such action. In 2007, the Commission urged the Peruvian state to carry out precautionary measures—a specialized diagnosis of 65 residents and treatment for those who showed irreversible damage to their lives or personal integrity. Juana said receiving news of the precautionary measures was a happy moment because “we knew that we were winning something. At the beginning, everything went well and we believed that everything would be fixed, (but) with the passing of months—years—there were no answers.” Then, in 2009, the Commission issued a report admitting AIDA’s petition, declaring that the State’s omissions in the face of pollution could, if proven, represent human rights violations. But still, nearly a decade after the petition was first filed, the victims await a decision, the precautionary measures have yet to be enforced, and the State’s responsibility for the acts have yet to be established.  “It’s taking a really long time, and not all of us have the patience or desire to keep waiting,” Juana said. Time affects the victims, wearing them out until they begin to waver and give up fighting for their right to justice. They become even more vulnerable as they face a city hostile to anyone who fights for their rights to life and health, a state that denies its responsibility and looks for any excuse to avoid assuming responsibility, and a company that wants to polish its reputation and use its economic power to manipulate the government. Where is the law in these cases? Where is justice? Juana explained that leaving La Oroya would be impossible for her family, because there they have work. She remains committed to achieving change with the lawsuit. But that’s not the case for everyone.  La Oroya contains thousands of stories of families whose lives were radically changed due to the city’s contamination and the subsequent damages to their health and lives. There are those who had to abandon their homes because they did not see a future in the city, and those who have been unable to leave La Oroya because their entire lives and family are there. Then there are those who have suffered painful attacks and insults from their own neighbors in a community worried about losing jobs, but who march forward with the conviction that, one day, change will come and La Oroya will be a better and fairer place for them, their children, and their grandchildren. I trust and hope that the law will deliver justice to salvage those years of waiting. [1] The name has been changed to protect the client. This blog is based on a longer article Maria José wrote on the case entitled La Oroya: A Painful Wait for Justice. It was published as Chapter 8 of DeJusticia’s book, Human Rights in Minefields: Extractive Economies, Environmental Conflicts and Social Justice in the Global South. Read the full account here.  

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Public Participation, Climate Change, Human Rights

6 Things You Should Know About The Paris Climate Talks

Across Latin America, and the world, communities are facing the severe effects of a changing climate. As floods destroy ancestral homes, and droughts threaten livelihoods, the urgency with which world leaders must act is becoming increasingly apparent. It is in this critical global climate that world leaders will meet this December in Paris for a pivotal meeting of the United Nations Framework Convention for Climate Change (UNFCCC), also known as COP21. The conference is expected to produce a new global agreement on climate change, which we hope will set the stage for the transition to a low carbon, climate resilient economy. AIDA’s lead Climate Change attorney Andrea Rodríguez has been monitoring key elements of the ongoing climate negotiations and bringing information and analysis to policy makers and NGOs throughout the Americas. To prepare you for the barrage of news that will come out of COP21, we’ve asked Rodríguez some questions we thought you’d like to know the answers to: What is the COP21? The meeting in Paris will be the 21st yearly session of the Conference of Parties to the global climate change convention, also known as the UNFCCC. World leaders will convene in Paris with the goal of signing a new global agreement on climate change. The primary goal of the agreement will be to reduce greenhouse gas emissions and limit global temperature increase to 2° C above pre-industrial levels, so we can adapt to the new changes in climate. Why is the conference so important? Climate change is a global problem that requires global solutions. No matter what governments do, if they don’t work together and take collaborative actions, we are never going to succeed at providing an effective solution. That’s why a global space that coordinates what countries do to tackle the problem is crucial for finding a way forward. The global treaty on climate change has been established for more than 20 years. What we need from COP21 is further guidance to ensure its effective implementation. If we don’t provide clarity on exactly how we’re going to achieve reduced emissions in a timely manner, we’re putting at risk the future of the planet. What are the key issues AIDA is following? AIDA is following two key components in the development of the new climate accord: climate finance and the protection of human rights in climate related activities. Climate finance entails providing money for developing countries—which are generally the least responsible for and the most impacted by climate change—to implement climate related actions effectively. COP21 needs to provide clarity on the specifics of that support—when and how will it arrive, and where will the money come from? A baseline of $100 billion per year by 2020 has already been agreed upon. But how do we make sure that goal is reached, and that is continues to grow?  And, once resources are distributed, there must be mechanisms in place to ensure those resources are used properly and effectively. AIDA is pushing governments to incorporate human rights protections into the agreement, because climate change directly affects human rights. We need to create a broad consciousness of the human rights dimensions of climate change. That includes incorporating specific language to ensure the protection of human rights in all climate actions. When governments or institutions are planning climate-focused projects, programs, plans and strategies, they must also think about how those projects will affect people and the realization of their human rights. What will the agreement mean for governments? Governments of the world need to start looking within. They must do an internal analysis to see what they have, and what they need, to ensure they can strategically implement the agreement. In order for a nation to commit to taking action, it must first make sure it has the institutional capacity and the means to succeed. What will it mean for the average person? The climate agreement is a political commitment, but it will certainly have repercussions at the local level. It will influence national policies. If leaders create an effective agreement, you will see your government shifting to low-emission, climate-resilient development. There will be better local regulations, and you will begin to see policy improvements, and eventually more climate resilient actions taken in your own communities. You will be less vulnerable to the effects of climate change. How can the average person engage on this issue? You can begin by demanding more of your government. Climate change is a political fight, and your voice can help influence outcomes. Learn what your government wants and what their expectations are—you can start now by familiarizing yourself with their INDC. Then get organized and push your government to take a more proactive stance. Familiarize yourself with climate finance, follow the negotiations, and help inform others by sharing our work. It is our duty as citizens to hold our governments responsible, and to do our part to protect and defend this beautiful planet as best we can. 

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Climate Change, Human Rights

Rights of the Environment: The Pope is on our Side

In his speech before the United Nations today in New York, Pope Francis argued passionately in defense of the environment, proclaiming that the natural world should have the same rights and protection as humanity. The Pope insisted on the “rights of the environment” because, according to His Holiness: We human beings are part of the environment. We live in communion with it, since the environment itself entails ethical limits which human actions must acknowledge and respect (…) Any harm done to the environment, therefore, is harm done to humanity… In all religions, the environment is a fundmental good. The Pope also proclaimed the fundamental nature of the fight against climate change, which requires concrete and effective actions. A decisive moment in this fight will come this December at the Paris Climate Conference, where governments from around the world will meet and commit to global actions to confront the climate crisis. The Pope declared: I’m confident that the Paris Conference on climate change will secure fundamental and effective agreements.  During the UN General Assembly, before leaders and representatives of the people of the world, the Pope added: Our world demands of all government leaders a will that is effective, practical and constant, concrete steps and immediate measures for preserving and improving the natural environment.  This speech is a milestone in the struggle for the defense of the environment and against climate change. It’s yet another push to continue fighting every day for the preservation of biodiversity, ecosystems, freshwater, and the balance of life on this planet, this marvellous creation that we humans share with so many other forms of life. At AIDA we strive every day to defend the right to a healthy environment in the Americas, and in our Climate Change program we monitor and support the negotiations to reach a new global climate accord. As long as humanity and the environment suffer at the hand of irresponsible development, we will continue to fight in defense of the environment. 

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Large Dams, Freshwater Sources, Human Rights

Belo Monte noncompliant with conditions for operation, says environmental authority

Altamira, Brazil. In their technical analysis of the Belo Monte Dam released yesterday, the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) concluded that the conditions required to approve Belo Monte’s Operating License have not yet been met. Ten of twelve conditions identified by IBAMA as pending compliance are considered essential for granting the license. Until the operating consortium, Norte Energía, addresses these conditions, the project will be delayed and the dam’s reservoir will not be flooded. “We welcome IBAMA’s thorough evaluation of Belo Monte, a project that has already had severe impacts on the environment and human rights,” said Astrid Puentes Riaño, co-director of AIDA. “Moving forward, it is crucial that all conditions are met, and measures to protect the people and environment of the Xingú River basin are fully implemented before the license may be granted.” The Interamerican Association for Environmental Defense (AIDA) has for more than 5 years supported indigenous and local communities and organizations in their fight to denounce the irregularities of the Belo Monte project. The conclusions outlined by IBAMA reinforce the arguments of those who have long opposed the dam for its negative socio-environmental impacts. “If the Brazilian government approves Belo Monte’s operating license without first guaranteeing the protection of the environment and human rights, they would be violating their international commitments,” said María José Veramendi Villa, AIDA attorney. AIDA and partner organizations have long argued that conditions do not exist for the approval of licenses for Belo Monte. Essential services that would guarantee minimum rights to the displaced population remain outstanding, including potable water and health and sanitation services.  In 2011, the Inter-American Commission for Human Rights granted precautionary measures in favor of affected indigenous communities. The severity of the project’s human rights violations have been reinforced in a report by the Socio-Environmental Institute (ISA) of Brazil, to which AIDA contributed, as well as in information gathered by the health and indigenous protection authorities and the Brazilian Public Ministry.  AIDA expects that IBAMA’s technical report will be taken into consideration when making the final decision on the dam’s operating license. The outright denial of the license would serve as a paradigm for future mega-projects planned in the Brazilian Amazon, as well as other parts of the region, sending a clear message that economic development projects must not engage in human rights violations. 

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Climate Change, Human Rights

The new climate agreement should help nations meet existing commitments!

The governments of the world are working on the negotiating text of a new global agreement to combat climate change. It will be signed in December, during the Paris Conference of the United Nations Framework Convention on Climate Change, and will take effect in 2020. AIDA is advocating for the new climate agreement to be a tool that adequately addresses the effects of extreme changes in climate, especially in the most vulnerable countries. "We want the new climate agreement to help implement existing agreements effectively and strengthen national commitments made through the United Nations Framework Convention on Climate Change; we cannot start from scratch and the new agreement should not replace the Convention, but rather improve its implementation, "said Andrea Rodriguez, AIDA senior attorney. With a view to the Paris Conference, delegates from various countries are meeting to work on the elements that will form the basis of the "Paris package." The package includes a new climate agreement (overarching commitments) and a decision (provisions likely to change over time) that spell out commitments made under the Convention. The next meeting will be held in Bonn, Germany, from August 31 to September 4. To contribute positively to the draft negotiating texts of the agreement and decision, AIDA prepared remarks for the negotiators aimed at strengthening two key issues: the financing of activities to combat climate change, and protection of human rights in carrying out such activities. On climate financing, the comments emphasize the need for the new climate agreement to help mobilize sufficient, adequate and predictable financial resources effectively, establishing concrete commitments, such as terms of responsibilities and timeframes. On the second point, the comments ask the Paris agreement countries to commit themselves to protecting human rights in all actions related to climate change, a commitment already made in the Cancun Agreements of 2010 that needs to be reaffirmed in the new legally binding climate change agreement in order to ensure compliance. Countries have already committed to provide 100 billion dollars to the fight against climate change, beginning in 2020. "The Paris decision on climate finance must provide assurance that countries will make every effort to ensure that commitment from 2020 on; then we will be able to trust that the new climate agreement will actually work," Rodriguez said. Learn more about our comments on climate finance and human rights for the new climate deal!

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Peru child
Climate Change, Human Rights, Toxic Pollution

Indifference to life and health in Peru

By María José Veramendi Villa, @MaJoVeramendi In Peru, every year around 400 children die of cold. I learned this dramatic figure a few weeks ago when I read a column titled “Dying from Indifference,” by Congresswoman Veronika Mendoza. I asked with genuine indignation: How is it possible that children could die of cold in a country that prides itself on its mineral wealth, its great attraction for foreign investment, its tourism and culinary strengths? A country that hosts major world events such as the Conference of State Parties to the UN Framework Convention on Climate Change? Besides the lack of political will from our leaders, who worry more about looking good in photos taken at grand events, the answer can be found in a key paragraph of Mendoza’s column: “Where could such political will come from if no one is moved, if no one is indignant that these children die, perhaps because they tend to be “somewhere else,” usually peasants, who often speak Quechua or Aymara?” Regret before prevention On July 18, 2015, the government issued a supreme decree that declared a state of emergency in some districts and provinces of the country, due to frost. The first paragraph of the decree states that “every year and on a recurring basis, between the months of May and September, our country experiences weather events related to low temperatures, such as frost in our highlands, as was observed in recent seasons with extreme temperatures well below 0 ° C ...” If these weather events occur every year, why not prevent their impacts? In 2004, information from the Tyndall Centre, University of Manchester, revealed that Peru is the third most vulnerable country to the effects of climate change, the main cause of such phenomena as increasingly intense frost. Indifference to the violation of human rights Indifference in Peru not only manifests itself in children dying of cold in remote communities, but also La Oroya, a city only 175 kilometers from Lima. In a context of extreme industrial pollution, the population, including children, has for many years suffered violations of the rights to life and health. On August 11, a strike organized by the workers of the metallurgical complex in La Oroya, and the subsequent closure of the main highway that provides access to the center of the country, set off alarm bells in the city. Not bells that should sound when pollution limits are exceeded, but those of a long-neglected social demand. The metallurgical complex, owned by the company Doe Run Peru, is for sale and in the process of liquidating. According to information released to the public, no interested party submitted a financial offer because Peruvian environmental standards are too strict. In response, the workers took control of the road, demanding that the State relax those standards so the complex can be sold and they retain their jobs. The protest left one dead and 60 wounded. It ended after the signing of a five-point agreement, which does not mention the rights to life and health of the population of La Oroya. In a city that has been subjected to unchecked contamination for more than 90 years, Doe Run Peru has continued to obtain extensions to meet its environmental obligations. In July 2015, the company obtained a further extension of 14 years for the complex to meet environmental standards. But what about the life and health of the people? The State has not seen that environmental standards are met in La Oroya. Neither has it fully safeguarded the health of its inhabitants: • The air quality alert system has not been activated properly. • The doctors in charge of health and the heavy metals strategy are scarce and face the constant risk of running out of resources to continue working. • The State insists on asking the Inter-American Commission on Human Rights to lift the measures ordered in 2007 to protect the lives and health of a group of La Oroya residents. Speaking Loudly Children are as vulnerable to cold as they are to the effects of industrial pollution. However, the State only comes to their aid in times of crisis or when it is too late. It sounds like a cliché, but children are our hope. Let us listen so they don’t die of cold and are no longer poisoned! Otherwise, we will also be victims of the disease of indifference. 

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Freshwater Sources, Human Rights, Indigenous Rights

Belo Monte Dam may begin operations despite noncompliance

The dam has failed to comply with conditions for the protection of the health, integrity and way of life of affected communities. Organizations reiterate the validity of the precautionary measures granted by the Inter-American Commission on Human Rights in favor of the indigenous communities of the Xingú River basin, whose situation of risk has worsened. Altamira, Brazil & Washington, DC – The Belo Monte dam is applying for authorization to begin operations, with construction reported at 70 percent complete. This authorization may happen despite the fact that the project has failed to comply with conditions necessary to protect the health, integrity and way of life of affected communities, including the indigenous peoples of the Xingú river basin. Civil society organizations solicited the Inter-American Commission for Human Rights to maintain the precautionary measures granted in 2011 in favor of the indigenous peoples of the Xingú river basin. They did so as a response to the Brazilian government’s request that the Commission lift the measures, which were authorized to avoid irreparable damage to the rights of the communities. The Interamerican Association for Environmental Defense (AIDA), Justiça Global, the Sociedad Paraense de Defensa de los Derechos Humanos (SDDH) and the Movimiento Xingú Vivo para Siempre (MXPVS) filed the brief on behalf of indigenous and river communities affected by Belo Monte. The organizations argued before the Commission that the social and environmental situation surrounding Belo Monte continues to be serious and urgent, and could cause irreparable damages. Their arguments are based on a recent report by the Socio-Environmental Institute of Brazil (ISA), as well as on official government data that include information from health and indigenous protection authorities and the Public Ministry. The ISA report analyzes in detail the situation of Altamira, Pará—the region where Belo Monte is being constructed—and emphasizes the human rights violations and irregularities of the project.  The report warns that necessary conditions do not exist for the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) to grant the project’s operating license. If granted, the license would authorize the filling of the dam, and, thus, the final diversion of the Xingú River. One part of the dam would then begin operation. According to the ISA report, measures to avoid the project’s impacts on health, education and basic sanitation have not been met. This neglect will lead to further damage, such as the fracturing of indigenous communities, saturation of public health services, lower quality education, and greater forest degradation. “The consequences we announced years ago are now a reality,” said Astrid Puentes Riaño, co-director of AIDA. “The filling of the dam, scheduled for the year’s end, will cause the loss of homes and land, and the modification of the traditional lifestyles and livelihoods of Xingú communities. Brazilian authorities and the Commission must act effectively to prevent this disaster.” It is clear that the conditions necessary for Norte Energía, the consortium in charge of the project, to receive the license are not in place. The vice-governor of Pará explained that although the construction is 70 percent complete, only 30 percent of the social and environmental conditions have been met.  Similarly, the Attorney of the Republic of Altamira, Thais Santi, said that the consortium is not respecting the protection plan for indigenous lands, the principal condition for the protection of the peoples of the Xingú. The decision on the authorization of Belo Monte must also take into account the recent corruption scandal that has engulfed the project. The investigation Lava Jato, which began a year ago, exposed a massive network of corruption involving the government and Brazil’s largest construction companies. A senior executive, currently in prison on corruption charges, mentioned in his declaration how they had set up and executed bribes for the construction of Belo Monte. The Comptroller General (CGU) thereafter decided to investigate the use of public funds in the project. “The lack of effective control in the execution of the project has made the consequences much worse than anticipated. Giving free reign of operation to the dam at this time would mean completely shutting down the options available to avoid major social and humanitarian disasters in the region,” said Sandy Faidherb of SDDH. 

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