Human Rights


Toxic Pollution, Human Rights

People harmed by environmental contamination in La Oroya have been waiting for seven years for the State to guarantee their rights

In 2007, the Inter-American Commission on Human Rights (IACHR) asked the Peruvian State to provide medical care and institute environmental controls. These measures have yet to be implemented fully and the health of the affected people continues to deteriorate. The IACHR has yet to reach a final decision in the case. La Oroya, Peru. Seven years have passed since the Inter-American Commission on Human Rights (IACHR) asked the Peruvian State to adopt precautionary measures in favor of the individuals affected by toxic contamination in the city of La Oroya. Those affected, including boys and girls, still have not received the medical attention they require and their health continues to deteriorate. On August 31, 2007, the IACHR granted precautionary measures in favor of 65 inhabitants of La Oroya who were poisoned by air, water, and soil contaminated by lead, arsenic, cadmium, and sulfur dioxide coming from the metallurgical complex of the Doe Run Perú Corporation. In light of the gravity and urgency of the situation, the Commission asked the Peruvian State to take actions necessary to diagnose and provide specialized medical treatment to affected persons whose personal integrity or lives were at risk of irreparable harm. Although some medical attention was provided, the required comprehensive, specialized care has not.  Now there are dire risks of setbacks. To date, the Health Strategy for Attending to Persons Affected by Contamination with Heavy Metals and Other Chemical Substances, which is operating in the La Oroya Health Center, does not have an assured budget starting in September and for the remainder of the year. The Strategy is essential for complying with the precautionary measures, given that the diagnosis and specialized medical treatment for the beneficiaries depend on it. Without a budget, the continuity of the medical personnel attending not only to the beneficiaries but also to the entire population of La Oroya will become unviable. "The precautionary measures continue to be in force; after seven years, there has not been full compliance with them. Nonetheless, the State insists on requesting that they be lifted, despite the fact that the health of the population is deteriorating and constant risk [exists]," declared María José Veramendi Villa, attorney for the Inter-American Association for Environmental Defense (AIDA). On a related note, the IACHR continues to study the suit filed in 2006 for violations of the human rights of the same group of affected persons. The case is based on the failure of the Peuvian State to adequately control the activities of the metallurgical complex and protect the health and other rights of the affected persons. Regrettably, these individuals’ situation is worsening, and five years after accepting the suit, the IACHR has yet to reach a final decision. "Delay affects us more and more all the time. Our maladies are worsening. During this time, we have lost many of our fellows and seen our children fall ill," declared one of the affected individuals whose name is being withheld for reasons of security.  Currently the metallurgical complex is undergoing a process of liquidation, but its operations will continue during the process of being sold. However, in May the complex had to suspend its operations because its suppliers stopped providing it with concentrates due to the company’s financial problems. "Although operations have been suspended, the violations of the individuals’ human rights have already occurred. Therefore, the Peruvian State must comply with its human rights obligations and guarantee that the company and its new owners comply with their obligations to protect the environment and human health," stated Jorge Abrego, attorney for the Asociación Pro Derechos Humanos [Association in Favor of Human Rights] (APRODEH).  

Read more

Human Rights

Letter presenting Latin American civil society organizations' concerns on the dilution of the World Bank's safeguards policies

Latin American civil society organizations "strongly recommend that CODE members send the first draft back to Management. Without structural changes to the Safeguard Policy proposal, we question if the second phase of consultations and the review process will be meaningful". According to them, dilution of the current Bank Safeguards Policy is evident throughout the draft. Basic World Bank requirements to assess and manage environmental risks and impacts before approval are now relaxed by providing the unbounded deferral of appraisal of significant environmental and social risks or impacts to implementation. A second major concern is that the draft proposed Social and Environmental Policy and ESSs significantly shift responsibility for safeguards implementation to borrowers, but provides less clarity than current exists on when/how the use of borrower systems would be preferable and acceptable. It remains unclear how the proposed draft will help the Bank and Borrowers make decisions to prepare or use borrower systems to effectively implement safeguards in countries where major dilutions of national social and environmental frameworks are being proposed or recently approved. "The proposed draft misses opportunities to meet the highest international standards. The draft provides no binding language regarding international human rights standards and allows governments to "opt out" of compliance to the Indigenous Peoples Policy to protect Indigenous Peoples rights, which unequivocally undermines the international consensus regarding the specific and fundamental rights of indigenous peoples over their lands, resources and the course of their own development", the organizations argue.

Read more

Rio Samana
Human Rights, Large Dams

Giving People a Voice on Hydropower Projects

Hydropower projects are on the rise in Latin America as governments seek to feed growing economies. But at what cost? The plants may harness the energy capacity of running water, a renewable resource. But poorly planned and implemented dams, especially large ones, can bring myriad harms to the environment and communities. They affect fish and water quality, and they increase emissions of methane, a gas that contributes to global warming. Flooding displaces people from their homes and communities. This costs them their jobs as farmers, fishermen and hunters – and for ethnic and peasant communities, even their cultures and traditions. AIDA works with individuals and communities to protect them from poorly conceived and developed projects by using the law to defend their right to a healthy environment. This month AIDA and other organizations submitted a brief (in Portuguese) to Brazil’s Supreme Federal Court. The information demonstrates that congressional approval of the Belo Monte Dam in 2005 is illegal because the government didn’t guarantee the affected communities in the Amazon their right to consultation and free, prior and informed  consent. Some meetings were held after approval of the project, and then with just scant and incomprehensible information in foreign languages for the communities. There was also little forewarning to attend. It was like telling you that your front yard is to become a street after the diggers have already started removing the lawn. The dam – which is to be the world’s third largest – is under construction and already displacing people without anyone giving them a chance to say no to the project in their own front yard. This is the first time that our combined efforts have reached the Supreme Court for a final decision on Belo Monte, said AIDA attorney María José Veramendi Villa. If the court rules against the legality of the project, then construction will have to stop and the harms righted for failing to consult the communities beforehand. If the opposite happens, the project will continue – and so will we. We will continue to provide assistance to the Brazilian Prosecutor’s Office as it pursues more than a dozen other cases against Belo Monte. These are cases that can also advance to the highest court with the goal of protecting communities from this and other dams in the Amazon. Our efforts to help communities fight dam projects are gaining attention. The Personería of San Carlos (the municipal ombudsperson), a town in northwestern Colombia, contacted AIDA to provide expertise in international environmental and human rights law. They want help in preventing the granting of a license for construction of the El Porvenir II Dam on the Samaná Norte, the last undammed river in the area. AIDA attorney and human rights and the environment fellow, Ana María Mondragón, went there to speak at a public environmental hearing for the project. The good news is that the dam has yet to be approved, meaning that there is still time for the communities to find out what could happen and voice their concerns. The government will have to take the community input into consideration before approving the project, with the possibility that the developer may have to amend construction plans – or abandon them altogether. El Porvenir II will affect fishing, a main source of work and food for the largely poor people in San Carlos. It will also flood an area where many Colombians are seeking to recover the lands that they were forcibly displaced from as result of an internal armed conflict that started more than five decades ago. “We have entered at an early stage, before the project has been approved,” said Mondragón. “We intervened in the hearing to show the inconsistencies in the environmental impact assessment made by the company and the harms that the Porvenir II dam would have in the community. We hope this will help the authorities in their decision-making process to not grant the license.” With your help, we can keep assisting Latin American communities free of charge to exercise their right to say what happens on their land and defend themselves with the law. 

Read more

Organizations submit amicus curiae brief to Brazil’s Supreme Federal Court, demonstrating that Congressional authorization of the Belo Monte Dam is illegal

The authorization violates national and international law because the communities affected by the project were not consulted. Construction of the dam continues, causing harms to people, communities and the ecosystem of the Brazilian Amazon. Brasilia, Brazil. Construction of the Belo Monte Dam continues. Meanwhile, biodiversity and the communities of the area already suffer severe damage. Civil society organizations submitted to the Supreme Federal Court an amicus curiae (in Portuguese) (friend of the court) brief that demonstrates that the Congressional decree authorizing the controversial dam is illegal because the government didn’t consult with the affected communities. The brief contains national and international law arguments for the protection of the environment and human rights. The arguments support a legal action filed by the Federal Prosecutor’s Office (Ministério Público Federal), which seeks a Supreme Federal Court ruling that annuls the decree. The Interamerican Association for Environmental Defense (AIDA) prepared the document in cooperation with the Centro de Estudios de Derecho, Justicia y Sociedad (DEJUSTICIA), Instituto Socioambiental (ISA), la Associação Indígena Yudjá Mïratu da Volta Grande do Xingu (AYMÏX) and the Conselho Indigenista Missionário (CIMI). "The Belo Monte project was approved without the State having consulted and obtained the consent of the affected indigenous communities and traditional populations. This, alongside the environmental degradation that began with construction, has placed the individuals and communities in a situation of extreme vulnerability," explained AIDA’s attorney, María José Veramendi Villa. By not guaranteeing the right to free, prior and informed consent of the affected communities before authorizing the project, Congress violated the Brazilian Constitution and Convention 169 of the International Labor Organization (ILO). Even though public information meetings about the project were held, they did not constitute prior consultation because they were held after the project was approved. Additionally, information provided in the meetings was not translated into indigenous languages. Not all the affected people had access to the meetings and those who did received incomplete and last minute information about the project. As well as the issues related to free, prior and informed consultation and consent, the document reinforces the Federal Prosecutor’s arguments with regard to the right to access to justice. This right was violated when the government used a law known as Suspension of Security to suspend lower court decisions against the project and favorable to the affected population, ostensibly to protect public security and the economy. "If the Supreme Federal Court issues a favorable decision, the Brazilian State will have two obligations. Not only will it have to suspend the authorization it gave for the dam’s construction, but also it will have to remedy the past and ongoing harm inflicted on indigenous communities and other populations affected by Belo Monte," said Dejusticia’s international director, César Rodríguez Garavito. "Traditional populations affected by the dam are living in unacceptable conditions for democratic times. There is a judicial decision that recognizes that the right to prior consultation was violated, but at the same time another, preliminary and provisional, decision that authorizes construction to move forward," said Leonardo Amorim, an attorney with Instituto Socioambiental. "Consequently, this population suffers worsening health conditions and invasion of their lands. We hope that the Supreme Federal Court rejects this situation." This past Tuesday, the Xingu Alive Forever Movement (MXVPS), with the support of several organizations, requested a hearing (in Portuguese) with the President (Chief Justice) of the Supreme Federal Court to demand an immediate decision in this legal action, as well as in others that challenge large hydroelectric projects in the Amazon.

Read more

Human Rights

Joint letter: Mexico – Detention of environmental and human rights defender Mr. Marco Antonio Suástegui Muñoz

The 57 organizations and persons signatory to the letter, which work for the protection of human rights and the environment, express their deep concern at the detention of Mr. Marco Antonio Suástegui, leader of the Consejo de Ejidos y Comunidades Opositores a la Presa La Parota – CECOP (Council of Communal Lands and Communities Opposing the La Parota Dam), on 17 June by members of the Ministerial Police of the Attorney General of Justice of Guerrero State. We call upon the Mexican State to take effective and urgent measures to guarantee the human rights of Mr. Suástegui and the important work that the human rights defender performs in defence of the Papagayo River. In particular, we consider it fundamental that the State: Take measures to ensure that the competent authorities guarantee the right to a defence and due process of Mr. Marco Antonio Suástegui, and reverse any action taken in the detention procedure and past transfers that tainted by illegalities, Take measures to guarantee his physical and psychological integrity, and Take all necessary measures to secure the work for the defence of human rights and the environment undertaken by Marco Antonio Suástegui, and take an active role in avoiding any act that hinders the actions taken to defend the Papagayo River.

Read more

Organizations alert the United Nations that construction of the Las Cruces hydropower plant will violate human rights in Nayarit, Mexico

UN Special Rapporteurs are asked to urge the Mexican government to guarantee the rights of indigenous peoples and coastal communities that would be affected by the project.  Mexico City. The Interamerican Association for Environmental Defense (AIDA) has sent an urgent appeal to several United Nations Special Rapporteurs showing that construction of the Las Cruces hydropower plant will violate the human rights of communities in western Mexico. The project will affect coastal communities as well as the Cora, Tepehuano, Huichol and Mexicanero indigenous peoples along the San Pedro Mezquital river basin in the state of Nayarit. We sent the appeal to Special Rapporteurs on the issues of adequate housing, indigenous rights, extreme poverty as well as the rights to food, safe drinking water and sanitation and to the Independent Expert on the enjoyment of a safe, clean, healthy and sustainable environment. We filed the appeal on the behalf of economic, environmental and community organizations in areas that would be affected by the project. These include the Inter-Community Council of the San Pedro River, the Náyeri Indigenous Council, the Nayarit Riverside Federation, Nuiwari, the Mexican Center for Environmental Law (CEMDA), the Ecological Mangrove Group, SuMar and representatives of the town of Boca Camichín. In the appeal, we asked the Special Rapporteurs to urge the Mexican government “to guarantee the rights of the indigenous peoples and coastal communities of the San Pedro Mezquital river to information and participation, consultation and consent, as well as to food, clean water and sanitation, and to the right to enjoy a safe, clean, healthy and sustainable environment.” We also asked the UN experts to visit the site of the proposed hydropower project to find out first hand the damages it will cause on the environment and human rights. The project will affect indigenous lands – mostly those of the Coras – by forcibly evicting inhabitants and damaging sacred sites. This would violate the human rights to adequate housing, water and livelihoods as well as to culture and education. “Our lands and natural resources are the most important aspects of our culture," said Julián López Cánare, coordinator of the Náyeri Indigenous Council and a member of the Intercommunity Council of the San Pedro River. “Every day we fear that our sacred sites will be flooded or damaged.” Ernesto Bolado, director of SuMar, said the appeal to the UN is a demonstration of how the Cora, Huichol, Tepehuana and Mexicanera communities were never consulted on the project as required by Convention 169 of the International Labour Organization (ILO). What is more, consent for the expropriation of land and changing its use was requested at community assemblies under false pretenses, the promise of government benefits and even with bullying. Mexico’s state-owned electric utility Comisión Federal de Electricidad plans to build and operate the Las Cruces hydropower dam on the San Pedro Mezquital river at a location 65 km north of the city of Tepic, Nayarit. The plant will have 240 MW of installed capacity generated by three turbines fed by water from a 188-meter high dam holding a reservoir measuring 5,349 hectares. The project will operate only four months a year at regular output, and it will meeting 0.9% of the energy demand of the West Central Mexico in 2026, equivalent to 0.28% of the total installed capacity in the country[1]. “The urgent appeal is a request for United Nations Rapporteurs to investigate the facts concerning the full enjoyment of human rights of the people and communities that will be affected by the hydroelectric project," said AIDA attorney Sandra Moguel. The environmental assessment report for Las Cruces acknowledges that the project will lead to the substitution of agriculture and small-scale livestock ranching for a dependence on fishing in the reservoir. “It is unthinkable to convert subsistence farmers into fishermen or tour operators,” said Marcos Moreno, an oyster farmer in Boca Camichín and a member of the Intercommunity Council of the San Pedro River. You can read the alert sent to the UN Special Rapporteurs (in Spanish). [1] Las Cruces Environmental Impact Assessment, Chapter II, pages 4-12, 18, 19 and 77.

Read more

Human Rights

New Hope for Environmental Justice in IFI Projects

In its budget bill for 2014, the US Congress has taken bold steps to promote environmental justice within international financial institutions. Among other measures, the bill instructs the US representatives in these institutions to oppose large dams and logging projects that affect primary tropical forests, and to seek justice for the victims of human rights violations in IFI projects such as the Chixoy Dam in Guatemala. With input from other groups, International Rivers and AIDA published a factsheet which summarizes the provisions of the budget bill and the opportunities it creates for NGOs. The factsheet is addressed at partner groups monitoring and campaigning against IFI projects.

Read more

Belo Monte: Never say never!

By María José Veramendi Villa, senior attorney, AIDA, @MaJoVeramendi  We won’t give up. This is AIDA’s motto for defending the rights of local Brazilians who face forced relocation as construction of the Belo Monte mega-dam moves forward in the Amazon. The Brazilian government is building the world’s third-largest dam on the Xingu River under the guise of meeting a growing demand for energy. One of the costs, according to official estimates, is the displacement of at least 20,000 people from indigenous and river communities. Their traditional lands will be flooded and their ways of life destroyed. But the people of the Xingu won’t be drowned quietly. They have organized to stand up for their rights. The government is so determined that it has hired spies to infiltrate the opposition movement. It has deployed public security forces to patrol the construction site and break up protests. And it plans to beef up controls in June and July, when global attention will focus on Brazil for the World Cup. Now Brazil’s government wants to criminalize protests against infrastructure projects, even if the affected communities are only voicing their dismay that they’ve been denied a basic constitutional and internationally recognized right to have a say in what happens. Throw in the towel? Not us. With your donations, AIDA is working to ensure that the people of the Xingu will be assured the right to be heard, to be consulted, and to live in a healthy environment. One focus of AIDA’s strategy is to tackle a legal instrument called Suspension of Security, which Brazil established during a military dictatorship. Higher courts have used it several times to “protect the public interest” by overruling lower courts, which, in the case of Belo Monte, have halted dam construction until the government consults and provides adequate protection and compensation for affected communities.  At the sessions of the United Nations Human Rights Council in Geneva on March 10, AIDA’s attorney Alexandre Sampaio will explain how Brazil is using Suspension of Security to violate the human rights of Brazil’s indigenous peoples. Additionally, we are advocating, through the preparation and presentation of legal briefs, for the Supreme Court to reject Suspension of Security and determine that the project was illegal from the beginning. We have also asked the Inter-American Commission on Human Rights to analyze the human rights implications of Suspension of Security. AIDA provides all of its work free of charge to the people we help. Your donations through Global Giving provide the critical support that allows AIDA’s attorneys to pursue this challenging and important legal work, which empowers Amazon communities to defend their rights. Please consider making another gift in support of this work, helping in our “never-say-never” fight against Belo Monte. With great appreciation, The AIDA Team      

Read more

Groups appeal to UN to halt imminent forced evictions of indigenous Ngöbe families

Appeal to the UN seeks to stop eviction of Panamanian community. Panama, Washington D.C., San Francisco, Lima. Environmental and human rights organizations submitted an urgent appeal to United Nations Special Rapporteurs on behalf of members of the indigenous Ngöbe community - the community faces imminent forced eviction from their land for the Barro Blanco hydroelectric dam project in western Panama. The eviction would force Ngöbe communities from their land, which provides their primary sources of food and water, means of subsistence, and culture.   The urgent appeal, submitted by the Ngöbe organization Movimiento 10 de Abril para la Defensa del Rio Tabasará (M10) and three international NGOs, the Interamerican Association for Environmental Defense (AIDA), the Center for International Environmental Law (CIEL), and Earthjustice, asks the Special Rapporteurs to call upon the State of Panama to suspend the eviction process and dam construction until it complies with its obligations under international law. Given that the project is financed by the German and Dutch development banks (DEG and FMO, respectively) and the Central American Bank for Economic Integration (CABEI), the groups also urge the Special Rapporteurs to call on Germany, the Netherlands, and the member States of CABEI to suspend financing until each country has taken measures to remedy and prevent further violations of the Ngöbe's human rights.  The forced evictions of the Ngöbe are the most recent threat arising from the Barro Blanco project. These evictions raise imminent violations of their human rights to adequate housing; property, including free, prior and informed consent; food, water and means of subsistence; culture; and education. "Our lands and natural resources are the most important aspects of our culture. Every day, we fear we will be forced from our home,"said Weni Bagama of the M10. The appeal highlights the fact that the Ngöbe were never consulted, nor gave consent to leave their land. "Panama must respect the rights of the Ngöbe indigenous peoples and refrain from evicting them. Executing these forced evictions will constitute a violation of international human rights law," said María José Veramendi Villa of AIDA. Also central to the appeal is the role of governments whose banks are funding the dam. "Under international law, States must ensure that their development banks do not finance projects that violate human rights, including extraterritorially. Forced eviction of the Ngöbe without their consent is reason enough to suspend financing of this project," said Abby Rubinson of Earthjustice. Barro Blanco's registration under the Kyoto Protocol's Clean Development Mechanism (CDM) is another point of concern. "Panama's failure to protect the Ngöbe from being forcibly displaced from their land without their consent casts serious doubt on the CDM's ability to ensure respect for human rights under international law," said Alyssa Johl of CIEL. "CDM projects must be designed and implemented in a manner that respects human rights obligations."  

Read more

Lives of no return: Stories behind the construction of Belo Monte

By María José Veramendi Villa, senior attorney, AIDA, @MaJoVeramendi  When you start the descent by plane to the city of Altamira in Pará, Brazil, the darkness of the night is interrupted by the bright lights of worksites a few kilometers outside the city where construction of the Belo Monte dam is underway. That’s when things turn bleak. On a recent trip to the area I was able to see how the situation of thousands of residents – the indigenous, riverine and city dwellers of Altamira - continues to deteriorate. Their communities and livelihoods are being irreversibly affected and their human rights systematically violated by the construction of the hydropower plant. When night becomes day From the plane, the lights from the worksites are just momentary flashes. But for the indigenous and riverine communities closest to them, those lights have brought a radical change to their lifestyles. José Alexandre lives with his family in Arroz Cru, a waterfront community located on the left bank of the Volta Grande, or Big Bend, of the Xingu River in the municipality of Vitória do Xingu. The community is in front of the Pimental worksite. His entire life has been spent in the area, where hunting and fishing are major activities. But everything changed when construction of the dam started.      

Read more