Human Rights

January 31 2024 Oceans, Freshwater Sources, Climate Change

Our vision for a just future

Latin America is key to protecting biodiversity and combating the global climate crisis. Its forests, wetlands and marine ecosystems are among the most important carbon sinks on the planet, a service weakened by activities such as the exploitation and use of fossil fuels. At AIDA, we envision a region where the environment and communities, especially those in highly vulnerable situations, have lasting protections. To achieve this, we select precedent-setting cases that result in new, replicable tools and strategies that add to the protection of a healthy environment in the region. Having celebrated 25 years of working for the right to a healthy environment in the region, AIDA is poised to enter a new quarter century as a robust, multidisciplinary organization. In the coming years, we will continue and strengthen our pursuit of environmental and climate justice through two interconnected initiatives, each with defined lines of work: 1. Promotion of a just energy transition A just energy transition implies transforming the power relations between those who pollute the most and the rest of the world, avoiding the deepening of socio-environmental conflicts and protecting the rights of communities and people involved in energy generation processes. As this is an issue that cannot be addressed only at the national level, AIDA will contribute its regional vision to increase the scope of local and national decisions, enhance legal strategies, and strengthen a proposal for the continent’s transition. We will focus on: Avoiding dependence on oil and gas. Halting the extraction and use of coal. Promoting renewable and sustainable energies. Advocating for human rights-based climate finance and governance. 2. Protection of life-sustaining systems The ecosystem services that sustain life in Latin America and the world—including natural carbon capture and storage to mitigate the climate crisis, and the provision of clean food, air, and water - are at risk due to the lack of ambitious and effective actions. To ensure the livelihoods of life systems on the continent, both in rural communities and large cities, AIDA will focus its efforts on: Protecting the ocean, from the coasts to the high seas. Preserving freshwater sources and traditional territories. Defending culture and traditional livelihoods. Improving air quality. In the coming years, from our regional perspective, we will continue to contribute to solutions that center nature and communities, and that effectively address the continent’s social and environmental challenges.

January 30 2024 Coral reefs, Oceans, Freshwater Sources

The triple planetary crisis: What is it and what can we do about it?

You may have heard that humanity is facing "a triple planetary crisis.” In the words of United Nations Secretary-General António Guterres, this crisis "threatens the well-being and survival of millions of people around the world." But what exactly does it mean? The triple planetary crisis refers to three interrelated problems: climate change, pollution, and biodiversity loss. Each of these problems is a crisis with its own causes and effects, but all three converge and feed on each other. All three affect human rights, and more intensely impact people in vulnerable conditions. The climate crisis The United Nations considers climate change to be humanity's most urgent problem and the greatest threat to human rights. Climate change, which involves long-term changes to the planet's temperatures and weather patterns, can completely alter ecosystems. Although changes in climate can occur due to the natural patterns of the planet, what we are facing is caused by human activities. Since the Industrial Revolution, there has been an accelerated change in the planet's average temperatures. One of the primary causes of that change is the exploitation and use of fossil fuels. The climate crisis, then, refers to the consequences of climate change caused by human activities, which include: an increase in the intensity and severity of natural events such as droughts, fires, and storms; rising sea levels and the melting of the poles; changes in the hydrological and climatic cycles that affect biodiversity; and impacts on the enjoyment of human rights. The pollution and waste crisis The dominant economic system, dependent on consumption, implies the generation of high levels of pollution and waste that have a great impact on human and ecosystem health. Air pollution is the leading cause of disease and premature death worldwide. The World Health Organization estimates that 7 million people die prematurely each year because of poor air quality. Air degradation is caused by emissions from factories, transportation, and forest fires. Those who lack access to less harmful technologies for cooking or keeping warm also breathe polluted air in their homes. Air pollution is related to climate change, as many of the emissions also warm the planet. Pollution caused by plastics and microplastics is another global concern, as it directly affects biodiversity. An increasing number of studies are finding that plastics are affecting the health of people and other living things. They take centuries to decompose, and are derived from petroleum, a fossil fuel. And we can’t forget pollution caused by extractive activities which, in addition to generating greenhouse gas emissions and leaving in their wake chemicals that are toxic to health, degrade freshwater sources and large tracts of land. The biodiversity loss crisis Biodiversity loss refers to the decrease and disappearance of biological diversity: flora, fauna, and ecosystems. This crisis is caused by the two previous crises, in addition to the overexploitation of resources and changes in land use—which cause overfishing, illegal hunting and trafficking, and deforestation—and the introduction of non-native and invasive species. This loss also implies the decline of many of the species on which we depend. Its impacts extend to affect food supplies and access to fresh water. One example is the Amazon, the world's largest tropical forest and a global climate stabilizer. It is home to 10 percent of the planet's known biodiversity and is the ancestral home of more than 470 indigenous and traditional peoples. The Amazon is endangered by colonization, deforestation, and extractive activities, among other threats. The situation is so serious that the point of no return for the Amazon, in which deforestation levels cancel out its capacity for regeneration, is no longer a future scenario. Actions to confront the triple planetary crisis The triple planetary crisis is a complex problem involving diverse stakeholders and requiring multidisciplinary solutions. Although local actions and individual lifestyle changes can help, many of the necessary actions require decisions on a global scale and profound changes to economic, political, and social systems. According to the United Nations, global actions to confront the crises must include: Limiting global temperature increase to 1.5 degrees: this means that global emissions should be reduced by 45 percent by 2030, with the goal of achieving carbon neutrality by 2050. Accelerating the expansion of clean renewable energies: to achieve the above, a drastic reduction in the use of fossil fuels is required to make way for energy systems based on renewable sources that are sustainable over time and respectful of the environment and people. In addition to combating climate change, this would reduce air pollution. Investing in adaptation and resilience: this means considering those who are already suffering the impacts of the climate crisis in the solutions, with emphasis on the nations, people, and communities in vulnerable situations and who are least responsible for these crises. Conserving and protecting 30 percent of the planet: this applies particularly to areas of biodiversity importance, including the ocean. It also implies actions to mitigate climate change. Improving the food system: this includes changes in irrigation and soil management, as well as producing healthier food and reducing food waste. Leaving no one behind: the measures described above must be carried out simultaneously and with a focus on protecting human rights, as they represent an opportunity to reduce the inequalities that are both a cause and a consequence of the crises. Making progress before the triple crisis These crises threaten not only our basic sources of livelihood, but even our mental health. And while much remains to be done, progress has been made that demonstrates the global cooperation needed to advance on a large scale. We’re happy to share some recent examples of global progress: The High Seas Treaty, designed to protect two-thirds of the ocean, was adopted in June 2023, and will need to be ratified by 60 countries before entering into force. The United Nations recognized the right to a clean, healthy, and sustainable environment as a universal right. 175 nations agreed to develop a global instrument to address plastic pollution. The steps we take as individuals help us to act locally: to live our values and contribute to our communities. But it’s also important we think globally, and demand that our representatives in decision-making bodies guarantee widespread participation and commit to taking key and concerted actions.

Parque Nacional Yasuní, Amazonía, Ecuador.

December 20 2023 Oceans, Freshwater Sources, Climate Change

10 positive advances for the environment in Latin America in 2023

It has been a tumultuous year for the world in many ways, and the climate crisis remains one of the greatest challenges we face as a human race. However, it is always worthwhile to assess and recognize the progress made in the quest for environmental and climate justice. So, as we close 2023, let’s celebrate the agreements, decisions, and milestones that give us hope as we continue to defend the planet and all the creatures that call it home. 1. The world has a treaty to preserve life on the high seas. After two long weeks of final negotiations, and decades of previous work, United Nations member states have agreed on a High Seas Treaty to protect two-thirds of the ocean, representing nearly half of the surface of the planet. The new treaty will provide a blueprint for establishing protected areas on the high seas and for assessing and managing human activities that could affect life in this vast area. It will also help achieve the global goal of protecting 30 percent of the ocean by 2030. It has been signed by nearly 80 countries and is in the process of ratification to enter into force. 2. The Ecuadorian people decide to protect the Amazon. Ecuador held a popular consultation to decide whether to stop oil exploration in part of the Yasuní National Park, one of the most biodiverse areas on the planet. The great news is that about 60 percent of the population chose to protect this region of the Amazon, leaving some of the oil in the ground. By recognizing the value of a key ecosystem for stabilizing the global climate, this result transcends national boundaries. It is a hopeful sign of climate ambition that can drive the necessary just energy transition worldwide. 3. The UN recognizes activism for the right to a healthy environment. The United Nations has awarded the 2023 Human Rights Prize to the Global Coalition of Civil Society, Indigenous Peoples, Social Movements and Local Communities for the Universal Recognition of the Human Right to a Clean, Healthy and Sustainable Environment. The prize is awarded every five years, and this is the first time since its inception that it has been given to a global coalition. It recognizes the coalition's essential role in the recognition of the right to a healthy environment by the UN General Assembly in 2022, as well as decades of civil society efforts and spaces for public participation. 4. Support grows for moratorium on deep-sea mining. There is currently a call for the International Seabed Authority to pause negotiations on the regulation of undersea mineral exploitation while the necessary information is gathered to understand the impact of this extractive activity on the ocean, species, and people. Mexico was the most recent signatory in November, joining other countries of the region— including Brazil, Chile, Costa Rica, Ecuador, Panama, and the Dominican Republic— in calling for a moratorium on deep-sea mining. You can join their efforts and learn more by following the hashtag #DefendTheDeep. 5. A Fossil Fuel Non-Proliferation Treaty is in the making. Colombia, a major coal producer, was the first Latin American country to join the call for a Fossil Fuel Non-Proliferation Treaty, a global initiative to complement the Paris Agreement. Cities, elected officials, and international organizations such as the World Health Organization have joined the call. The goal of the proposal, led by Pacific Island countries, is to create a follow-up plan to halt the expansion of fossil fuel use and initiate a just transition. For more information, visit the Fossil Fuels Treaty website. 6. There are signs of hope for a "sacrifice zone" in Chile. Although much remains to be done, recent events give hope that things may be looking up in Quintero and Puchuncaví bays, whose residents have suffered decades of pollution from a series of companies. In May, after 58 years of operation, the furnaces and boilers of the Ventanas smelter were finally shut down. Similarly, the multinational company that owns the Ventanas II thermoelectric plant, also located in the bay, announced its definitive closure by the end of this year. Furthermore, the Supreme Court has issued three rulings related to the failure to comply with a 2019 judgment—which orders the state to adopt 15 measures to identify the sources of contamination and repair the environmental situation in the area—and provides tools for its enforcement. Read more about the case in Chao Carbón. 7. Court rules the Colombia must take concrete climate action. Within one year, Colombia's Ministry of Environment and Sustainable Development must adopt concrete measures to adapt to and mitigate the climate crisis. This order was issued by the Council of State, a high court, as the result of a lawsuit alleging that the ministry had failed to comply with the climate commitments contained in national legislation. Colombia, as the largest exporter of thermal coal in Latin America, has an obligation to include in its climate commitments the real dimension of the impacts of extracting, transporting, and burning coal. This case could become a precedent for strategic and successful climate litigation at the regional and international levels. 8. Cajamarca, Colombia continues to set an example for environmental democracy. Popular consultations will be respected. A Colombian court made this clear by upholding the legality of the popular consultation in which the people of Cajamarca rejected AngloGold Ashanti's La Colosa gold mega-mining project. The ruling represents a triumph for participatory democracy and the defense of peasant territories against extractivism. It sets an important precedent for respecting other popular consultations throughout the country and serves as an example for the rest of the region. 9. A regional alliance to protect Andean wetlands is born. The Alliance for Andean Wetlands is a coalition of social and environmental organizations that aims to promote the protection and conservation of Andean wetlands, water, biodiversity, territories, and the lives of indigenous and campesino communities in Latin America, particularly in Argentina, Bolivia, and Chile. Andean wetlands— including salt flats, lakes, and lagoons —are globally recognized as ecosystems of high ecological and social importance. However, they are also very fragile and threatened by the climate crisis and by extractive activities such as the mining of lithium, copper, and other minerals considered "critical" for the transition to new forms of energy production. 10. AIDA celebrates 25 years of working for a healthy environment. This year we celebrate our 25th anniversary, a quarter century of defending the right to a healthy environment in Latin America. Our journey and our impact have been made possible by a great community of allies with whom we have worked and with whom we share this year of celebration. This milestone enabled us to reflect on our accomplishments, which are reflected in our 2023 Annual Report, and to define a vision for the coming years focused on the quest for climate and environmental justice in the region. Thank you for being part of these 25 years and the decades to come!

December 15 2023 Human Rights

Right to a Healthy Environment Global Coalition awarded UN Human Rights Prize

New York — Today the Global Coalition of Civil Society, Indigenous Peoples, Social Movements, and Local Communities for the Universal Recognition of the Right to a Clean, Healthy, and Sustainable Environment accepted the prestigious 2023 United Nations Human Rights Prize in a ceremony in New York. This month also marks the 75th anniversary of the Universal Declaration of Human Rights.The coalition is recognized for its vital role in advocating for the universal recognition of the right to a healthy environment by the UN General Assembly (UNGA) in 2022. The UN Human Rights Prize is awarded once every five years to several recipients at a time. This year is the first time since its inception in 1966 that it has been granted to a global coalition.The prize was presented at a ceremony with UN leadership, including General Assembly President Dennis Francis, Secretary-General António Guterres, and High Commissioner for Human Rights Volker Türk. The award was accepted by a delegation of representatives illustrating the diversity of the coalition’s members.The ceremony took place alongside a workshop with advocates from around the world and UN and State representatives to assess progress since the recognition of the right to a healthy environment and to discuss next steps to build on that progress and ensure the effective promotion of the right.Read reactions to the announcement from the members of the coalition here.At the ceremony, the following acceptance speech was delivered by a representative of the coalition: We, Civil Society, Indigenous Peoples, Social Movements, and Local Communities in coalition for the Universal Recognition of the Human Right to a Clean, Healthy, and Sustainable Environment are honored to receive this prestigious prize acknowledging our vital role towards the UN recognition of this human right.This incredible achievement was only possible thanks to the tireless collaborative efforts of thousands of people from 143 countries who joined for this historic milestone. A process that started fifty years ago by visionaries gained momentum in 2020 when we called the UN to finally recognize this human right.First, this prize highlights the importance of truly collaborating to advance the imperative protections of our planet and our rights. No single organization, movement, or person would have been able to make it on their own, but together, our global and diverse coalition made it possible. We are humbled and proud that our efforts are recognized, evidencing to the world that working together is possible and worth it.Cooperation is just as needed for States, none of whom can, on their own, solve today’s multiple planetary crises of biodiversity loss, climate change, and pollution, aggravated by increasing inequalities. We call on States to effectively collaborate towards the solutions needed.Second, this prize reinforces the historic recognition of the right to a clean, healthy, and sustainable environment as a human right. That requires protecting the dignity of all persons, individually and collectively, substantively and procedurally, from human-made environmental degradation and climate change impacts. Affirming also the interdependence and indivisibility of human rights and the urgency to protect them from environmental threats, including systemic risks, irreversible degradation, and loss and damage.The UN recognition clarifies international human rights law and is now a powerful instrument for States to fulfill their obligations, enhance environmental justice, and guarantee all rights, especially of those in more vulnerable situations.As we witness increasing ecosystem degradation and lives lost due to pollution and climate change, this universal right can guide us toward stronger policies and practices, based on gender and intergenerational equity and the empowerment of all persons and communities. It can help in better protecting those defending the environment, including Indigenous Peoples, children, women, peasants, and other people working in rural areas.We are profoundly grateful for the recognition of our collective efforts, inspiring governments, businesses, and institutions to fulfill their responsibility and effectively protect our universal right to a clean, healthy, and sustainable environment. This is our priority, one we invite you to commit to. Thank you! Press contactsVíctor Quintanilla (Mexico), Content Coordinator at the Interamerican Association for Environmental Defense (AIDA), [email protected] Furbank, Communications Campaign Specialist at the Center for International Environmental Law, [email protected] Esther de la Rosa, Communications Coordinator at ESCR-Net [email protected]

November 21 2023 Climate Change, Human Rights, Indigenous Rights

The Alliance for the Andean Wetlands brings together organizations for the protection and conservation of wetlands

The alliance seeks to protect the water, biodiversity, territories and ways of life that depend on these ecosystems in Latin America, especially in Argentina, Bolivia and Chile. With the aim to promote the protection and conservation of wetlands -as well as the water, biodiversity, territories and livelihoods of indigenous and peasant communities that depend on them- the Alliance for Andean Wetlands (Alianza por los Humedales Andinos) brings together the Fundación Ambiente y Recursos Naturales (FARN) and the PUCARÁ Assembly (Pueblos Catamarqueños en Resistencia y Autodeterminación), of Argentina; the Centro de Documentación e Información de Bolivia (CEDIB) and Empodérate, of Bolivia; ONG FIMA, Defensa Ambiental and Fundación Tantí, of Chile; and the Interamerican Association for Environmental Defense (AIDA), a regional organization.The Andean wetlands - including salt flats, lakes and lagoons - are recognized worldwide as ecosystems of high environmental and social significance. They are also extremely fragile due to their characteristics, whose central element is water, a common good that controls the environment and wildlife. Their vulnerability also rises from the threats they face, including the climate crisis and the negative impacts of extractive activities such as the mining of lithium, copper and other minerals considered "critical" for the transition to new forms of energy generation.In this sense, the increase in demand for lithium in the global north has set in motion an accelerated process of extraction and production at a global level, focused on regions rich in this mineral, such as the Andean salt flats of Argentina, Bolivia and Chile, which are home to more than 53% of proven global reserves.From November 30 to December 12, representatives from nearly 200 countries will meet in Dubai, United Arab Emirates during the twenty-eighth United Nations Climate Change Conference (COP 28) to continue advancing the implementation of the Paris Agreement, which seeks to strengthen the global response to the climate emergency.The protection of wetlands is crucial in this task because they are ecosystems that act as natural carbon sinks, helping to mitigate the crisis.Accelerating the energy transition will be one of the main lines of action at COP 28Faced with this global trend, the alliance promotes a just, participatory and popular socio-ecological transition with a long-term vision, prioritizing integrated water management under a socio-environmental and climate justice approach. Thus, it supports and accompanies local communities and organizations in the care of Andean wetlands and in the construction of socioeconomic alternatives that go beyond mining extractivism.The alliance also seeks to ensure the participation of communities and their access to complete, truthful and transparent information, as well as to provide information to the global society - involving organizations, States and the private sector - highlighting the value of the Andean wetlands and the multiple threats they face.To achieve its objective, the alliance employs pedagogical, legal, research, advocacy, communication and mobilization strategies collectively and in dialogue with communities and organizations. Recognizing the differentiated impacts of the climate crisis on women, girls, sexual dissidents and other vulnerable groups, the alliance incorporates a gender perspective in all its activities. Press contacts:Víctor Quintanilla, AIDA (regional), [email protected], +521 5570522107Carlos Ulloa Fuentes, Fundación Tantí (Chile), [email protected] +569 37614815Rocío Wischñevsky, FARN (Argentina), [email protected], +541159518538Manuel Fontenla, Asamblea PUCARÁ (Argentina), [email protected], +54 9 3834790609Faviola Rivera Seifert, Empodérate (Bolivia), [email protected], +591 77129989Oscar Campanini, CEDIB (Bolivia), [email protected], +591 70344801

November 20 2023 Human Rights, Indigenous Rights, Freshwater Sources

Solidarity note for social movements, organizations, and rights advocates who are victims of criminalization attempts by the company Belo Sun Mineração Ltda.

The undersigned member organizations of the Volta Grande do Xingu Alliance (AVGX) call on partners, civil society organizations, legal experts, and researchers to support and strengthen individuals and movements that, due to their tireless defense of peoples, biodiversity, and the existence of the Volta Grande do Xingu, are facing intimidation and attempted criminalization by the company Belo Sun Mineração Ltda.We need to show large corporations that civil society in Brazil and abroad is united around this cause. We will not step back in protecting the environment and human rights in the face of threats. Sign this note and join us in the protection of the Amazon, the Xingu River, and its defenders!More information below:On October 17, 2023, the mining company Belo Sun Ltda., the Brazilian subsidiary of the Canadian company Belo Sun Mining Corp., filed a criminal lawsuit against more than 30 people, most of them small-scale farmers. These individuals, backed by are questioning the acquisition of land by the mining company within the Ressaca Settlement Project, in the municipality of Senador José Porfírio - Pará, and demanding that this land fulfill its agrarian and social function. These concerns are the basis of a lawsuit in federal court by the federal and local Public Defender’s Offices.The criminal complaint is a clear attempt to silence environmental and human rights defenders. This silencing is intensified by the presence of the company's armed security in the territory. It is also an attempt to criminalize organizations that monitor and denounce the destruction caused by large projects in the Volta Grande do Xingu. On November 15, a group of 25 local movements and organizations, mainly based in Altamira, Pará, issued an open letter condemning the criminalization of farmers, social movements, and civil society organizations promoted by the Canadian mining company Belo Sun. It is essential that the terms of this letter be strengthened and echoed nationally and internationally.This is not the first time that Belo Sun Mineração Ltda. has intimidated civil society organizations and human rights defenders. In 2022, the company filed a lawsuit against a university professor who had exposed the risks that the Volta Grande Project would pose to the Xingu River and its people. In mid-2023, Belo Sun sent an extrajudicial notice to the National Coordination of Indigenous Peoples of Brazil (Apib), attempting to silence the organization's complaints about the risks posed by the mining project in the Volta Grande do Xingu. This notice came shortly after the release of a report on Belo Sun by the legal team of the Apib and an international advocacy action at the UN in Geneva carried out by the Alliance for the Volta Grande do Xingu, a coalition of which Apib is a part. The action aimed to expose corporate abuses by Canadian companies in the Brazilian Amazon and in eight other countries in Latin America and the Caribbean. Regarding Belo Sun's activities in the Volta Grande do XinguBelo Sun aims to establish a massive open pit gold mining project overlapping the PA Ressaca region, on the banks of the Xingu River, with the goal of operating the largest gold mine in Brazil. The so-called Volta Grande Project (PVG), if approved, would substantially and potentially irreversibly impact a territory already severely affected by the Belo Monte mega-dam, as well as affecting the lands and traditional ways of life of various indigenous peoples, rural settlements, and riverside communities in this region.Several lawsuits have been filed documenting the irregularities committed by Belo Sun, including the absence of free, prior, and informed consultarions and consent from the affected indigenous and traditional communities; the illegal acquisition of plots within the PA Ressaca; the harassment and violation of the right to free movement and access to the territory of local communities; and the lack of competence of the State of Pará to issue the environmental license for the PVG. Its licensing has been suspended since 2017 by the decision of the Federal Regional Court of the 1st Region, and on September 11, 2023, it was transferred to the jurisdiction of Ibama, a federal agency. DemandsWe, citizens, civil society organizations, and representatives of social movements who support this statement, condemn the criminalization promoted by Belo Sun Mineração Ltda. We express our solidarity with the victims of this process and emphasize our understanding that:We support the terms of this petition and join voices in denouncing that intimidation and criminalization of human rights defenders, activists, researchers, and leaders of social movements by Belo Sun are unacceptable, and therefore, we support the terms of this petition.The Land Reform Project (Projeto de Assentamento) Ressaca is an area designated for agrarian reform and local family farming located in a region already highly vulnerable from a socio-environmental perspective, making it incompatible with the installation of a large-scale open-pit gold mining project like Belo Sun's Volta Grande Project.The public authorities must take necessary measures to empower the families, communities, and peoples of the Volta Grande do Xingu, ensuring their effective participation in governance and the protection of the territory. The member organizations of the Volta Grande do Xingu Alliance issuing this statement and calling for endorsements are:Articulação dos Povos Indígenas do Brasil - APIBMovimento Xingu Vivo - BrasilAmazon WatchInterametican Association for Environmental Defense - AIDAInternational RiversEarthworks Justiça GlobalMiningWatch Canada Join us in protecting the Amazon, the Xingu River, and their defenders!Sign the note of international solidarity against the judicial harassment being carried out by Belo Sun: https://forms.gle/tzUzR47v72jsdEPN8

November 13 2023 Indigenous Rights, Mining, Freshwater Sources

"Water is worth more than lithium": Resistance against an unjust energy transition

"Water is worth more than lithium" is the slogan under which social organizations, trade unions and indigenous peoples have been expressing their resistance against the constitutional reform in Jujuy, a province in northern Argentina. They claim that this reform, promoted by Governor Gerardo Morales, doesn’t respect international regulations on the rights of indigenous peoples, including Convention 169 of the International Labor Organization (ILO), which establishes the right to free, prior and informed consultation of peoples on projects to be developed in their ancestral territories. In this sense, this reform would have been approved on June 16, in a short process that didn’t allow for broad public participation and deliberation and in which there was no proper consultation with indigenous peoples. Furthermore, the constitutional text represents a significant step backwards on environmental and human rights issues; it also opens the doors to mega-mining -including lithium mining- under the guise of energy transition, criminalizes protests and allows the privatization of both water and indigenous lands. Indigenous communities have claimed that the indiscriminate advancement of lithium mining projects in the province will exacerbate the water crisis currently affecting the area. With increasing international demand for lithium - considered a strategic resource due to its energy storage capacity (useful for the battery and electric vehicle industries) - global mining and production has accelerated in recent years, with a focus on regions rich in the mineral, such as the Andean salt flats of Argentina, Bolivia and Chile, where more than 53% of the world's proven reserves are located. Lithium is found in brines, pegmatites and sedimentary rocks, although it’s easier to from the former. However, extraction requires large quantities of water and takes place in fragile ecosystems such as salt flats, which suffer from water-deficiency and are severely affected by the impacts of the climate crisis. The social resistance to the constitutional reform in Jujuy is also a resistance to a global trend that, in the name of an energy transition that is far from being just, seeks to perpetuate extractivist models that violate human rights. Human rights violations in Jujuy AIDA - along with seven other civil society organizations with extensive experience in environmental and human rights defense - was part of an international mission that visited Jujuy from 21 to 25 August to learn first-hand about possible violations of the right to protest and participation in the context of the constitutional reform. The mission visited the main protest centers and documented testimonies from people from indigenous groups and communities, farmers' associations, trade unions and human rights organizations, as well as social leaders, teachers, lawyers and provincial authorities. Preliminary conclusions indicate that: Even when indigenous peoples and their communities demanded participation in the constitutional reform, it was carried out without an exhaustive deliberative process. Despite climate crisis and water scarcity, the reform doesn’t properly address integrated basin management and ecosystems conservation. The reform seems to favor large-scale industrial, agricultural and livestock use of water resources and opens the doors to concessions that can lead the privatization of water, damaging ecosystem cycles and failing to protect small-scale agriculture and livestock, vital to the existence of native communities. There is a repeated and manifest concern from indigenous communities about the negative impacts of mining, particularly lithium extraction projects. Testimonies report cases of repression of social protest, arbitrary arrests, harassment and alleged torture by the police of people involved in resistance, as well as disproportionate use of force. The mission is currently systematizing the information collected in order to prepare recommendations oriented that will highlight the complex situation in the province of Jujuy and contribute to a dialog that will allow for a better resolution of the social conflict and respect for human rights. What kind of transition does the constitutional reform in Jujuy point to? Addressing this question is important to understand that a just energy transition is incompatible with a context in which private economic interests prevail over social and environmental considerations, and in which government actions ignore the impacts of lithium extraction and the legitimate claims of local communities to manage their water and territory. Jujuy is home to over 12 indigenous peoples and around 400 communities -whose members have dedicated for millennia to salt extraction in Salinas Grandes, the fourth largest salt flat in South America. Their connection to water is sacred and ancient. It’s a cultural connection that is threatened by the exploitation of lithium, which jeopardizes the availability of an extremely scarce resource. "To extract one ton of lithium (through evaporation), 2 million liters of water are evaporated from the wells, that is, 2000 tons of water that cannot be re-circulated," says Ingrid Garcés, professor in the Department of Chemical Engineering and Mineral Processes at the University of Antofagasta, Chile. This "is profitable for the industry because it means a process without energy costs, but unfortunately it has the cost of losing water from a system that is not renewable, especially in a desert region" (like the salt flats). The constitutional reform in Jujuy doesn’t stipulate an order of priority for water use, but puts human and industrial consumption on the same level. Limited access to water is a central concern in the province, as there are few groundwater resources to meet the demand for water for human and domestic use, as well as for small-scale agricultural and livestock production. An urgent change of course The water crisis is one of the most pressing crises worldwide and is intrinsically linked to the climate crisis and the need to switch to alternative energy production. Extreme weather patterns - such as prolonged droughts, floods and more intense storms – have a direct impact on the availability and distribution of water in different regions of the world, leading to a decline in water resources. In this scenario, competition for water use intensifies and requires social water management for the benefit of communities. This is the only way to address the situation in terms of sustainability and environmental justice. The extraction of lithium to satisfy corporate interests is an example of the paradox that tackling the climate crisis comes at the expense of communities and ecosystems. The lack of fair and equitable distribution of benefits and the externalization of environmental and social costs underscores the urgency to rethink and radically transform our relationship with natural resources and the way we address the climate crisis.

November 10 2023 Climate Change, Human Rights

What makes a litigation a climate litigation?

According to a recent report published by the United Nations Environment Programme (UNEP), climate litigation has doubled worldwide in recent years and has become an important and increasingly popular tool for tackling the climate crisis. Furthermore, the Intergovernmental Panel on Climate Change (IPCC) noted in its sixth report that there is now "a growing academic consensus suggesting that climate litigation has become a powerful force in climate governance". Climate litigation is indeed an integral part of the activists' toolkit for promoting climate action. And it is children, youth, indigenous peoples, civil society organizations, women and local communities who have taken the lead in bringing these legal actions. Climate litigation is, at its core, strategic litigation, which means it seeks far-reaching changes in society that go beyond a specific case. Typically, this is achieved by promoting the protection of rights or changes in public policy. Such litigations hold governments, public authorities, companies and other non-state actors accountable in court for the climate crisis and oblige them, among other things, to adopt, implement and gradually increase concrete measures to reduce their emissions and mitigate the impacts of the climate crisis. Over a year ago, AIDA launched the Climate Litigation Platform for Latin America and the Caribbean, a reference website that collects cases of climate litigation in the region. The goal is to promote the exchange of diverse experiences in order to strengthen cases in favor of necessary structural changes. The Platform contains systematized and updated information on litigations filed before any jurisdictional authority (judicial, administrative, international or autonomous). It contains the arguments supporting the cases, related to the legal obligations of States and other actors in the face of the climate crisis. It also contains cases that, while not directly related to the climate crisis, contribute to the pursuit of climate justice on the continent. And this is where confusion and questions arise: what makes a litigation a climate litigation? The truth is that there is no accepted definition to determine which litigation is climate and which is not. It is a relatively new niche in the field of environmental law and -as with many things in life, it has blurred edges. The fact is that our planet is suffering from multiple crises, all of which are interconnected and closely linked to environmental degradation. In this sense, it is almost always possible to link environmental litigations, in some way or another, to the changing climate. In any case, and with the aim of stimulating a discussion on this subject, we venture here to reflect on possible definitions that shed light and allow us to delimit this concept that is gaining so much relevance. An approach to climate litigation and its elements One way to approach the question of what makes a litigation a climate litigation is to say that a climate litigation is any litigation that contains arguments related to the climate crisis in its claim or in the sentence that resolves it. Another approach concerns the purpose of the litigation, whereby to say that climate litigation is any litigation relating to climate action. It implies a high complexity and a wide variety of cases, many of which are intertwined. Under this definition, for example, there would be cases that: Seek to mitigate emissions of pollutants that cause global warming. Demand the states to comply (or increase) their international climate commitments. Promote measures to adapt to the unavoidable effects of climate crisis. Demand reparations for damages caused by the climate crisis. Aim to ensure that companies are held accountable for their contribution to the problem. Pursue policies or regulatory changes in favor of climate action. Demand transparency or accountability of government or corporate actions related to the climate crisis. Request that financial institutions raise their standards to take climate and the environment into account in their decision-making. Seek to stop any project that could harm the climate. Aim to protect ecosystems, especially those that act as natural carbon sinks. In some cases, they seek to raise public awareness of issues related to the climate crisis. Climate litigation: A living and ever-growing tool As can be seen, the variety of cases that can be labeled as climate litigation is enormous and almost as great as the creativity of the people who are implementing this tool. What is interesting is that- despite being a fairly new concept - climate litigation builds on itself. The longer we use it, the more the courts will be involved in examining the obligations of companies and states towards climate action, and the more we will generate more useful jurisprudence, capacities and experiences to move forward. National and international law is strengthened by the use of climate litigation and it is important to keep it alive and growing -and to link it to the responsibility of States and corporations to address the climate crisis- on the basis of the universal human right to a healthy environment. It is important to clarify that strategic litigation -whether climate or environmental- is challenging, complex and expensive. It requires time, resources, skills and commitment. The decision to initiate a climate litigation is not one to be taken lightly. It is often not the best option to achieve a goal. But we can say -with certainty- that it is a key tool in climate action, that has allowed the voices of highly vulnerable and often invisible people and groups to be heard in the forums where decisions are made, where justice is done. It is also the last instance of play in the institutional and legal sphere. Visit the Climate Litigation Platform for Latin America and the Caribbean

Female farmers in Palacode, Tamil Nadu, India

October 11 2023 Climate Change, Human Rights

Session 2 of the 2023 GCF Watch International Webinar Series

After an update on the latest decisions of the GCF Board, the session centered around the monitoring of the implementation of GCF approved projects, carried out by different civil society organizations throughout the world. Discussions took place around the presentation of case studies in Africa, Asia and Latin America. panelists Claire Miranda, Asian People’s Movement for Debt and Development (APMDD): An update on the last Board Meeting and what follows for the next one. Bertha Argueta, Germanwatch: Intro on the monitoring of the implementation of GCF approved projects. Case studies of the experience in monitoring implementation in: Africa: Toini Amutenya, Namibia Nature Foundation. Latin America: Maite Smett, Red Internacional de Forestería Análoga (RIFA), and Rosalía Soley, Unidad Ecológica Salvadoreña (UNES). Moderator: Bertha Argueta, Germanwatch. Recording

September 13 2023 Capacity Building, Climate Change, Human Rights

Session 1 of the 2023 GCF Watch International Webinar Series

In this first session, we will provide a brief introduction to the GCF, the Updated Strategic Plan for 2024-2027, and the second replenishment process, which is currently underway; we will talk about the GCF Watch Platform and the opportunities it provides; and we will have a conversation with two of our active observers before the GCF, to better understand the work they do, in alliance with the civil society observer network which follows on the GCF. panelists Florencia Ortúzar, Interamerican Association for Environmental Defense (AIDA): Introduction to the webinar series and moderation. Jei Edora, Asian Peoples' Movement on Debt and Development (APMDD): Intro on the GCF, the new Updated Strategic Plan and the second replenishment process (GCF-2). Ira Guerrero, Institute for Climate and Sustainable Cities (ICSC): The GCF Watch Platform. Erika Lennon, Center for International Environmental Law (CIEL) and Liane Schalatek, Heinrich Boell Foundation.A conversation with active observers of the GCF, on the way we work and why we do it. Camila Bartelega, AIDA: Interactive session to learn from our audience. Recording Next sessions October 11th - Session 2: CSO led monitoring of the implementation of GCF-approved projects. November 8th - Session 3: Important topics around the GCF.