Indigenous Rights

January 30 2025 Indigenous Rights, Freshwater Sources, Public Participation

Biocultural Corridor: Hope for a better future for the Pantanal

By Jorge Lu Palencia and Andrea Islas López*The Pantanal is a unique and rich wetland. It integrates elements of the semi-arid Amazon Rainforest, the Atlantic Forest (humid forest), the Cerrado (tropical savannah), the Chiquitano Dry Forest and the steppe savannah of the Chaco. With an extension of almost 18 million hectares, it crosses the borders of Bolivia, Brazil and Paraguay. Its biodiversity is fundamental to water conservation, food production, climate regulation, and the life and culture of millions of people: farmers, traditional communities, quilombola communities, and indigenous peoples. The Pantanal, however, is in danger of disappearing due to devastating seasons of forest fires and other threats caused by structural deficiencies in the institutional management of the ecosystem.In 2022, civil society organizations asked the Ramsar Convention to apply the protection mechanisms for wetlands of international importance to the Pantanal, warning that the number of heat sources had increased to five times the historical average. And in 2024, they reported that the fire season again exceeded historical average conditions.A few weeks after the fires, in November 2024, the Popular Water and Climate Committees—made up of small farmers from the Paraguay River basin—gathered to celebrate nature and reaffirm their commitment to water conservation through the self-affirmation of the Paraguay River / Pantanal Biocultural Corridor.These committees have been working for more than 25 years to confront the socio-environmental threats posed by mining, projects such as waterways and hydroelectric dams, and soy and sugarcane monocultures.They represent an alternative model of ecosystem management in which communities organize themselves to protect their territory and promote sustainable practices. What does self-affirmation of the biocultural corridor mean?In environmental practice, the term “corridor” is applied to ecological corridors, whose main function is connectivity, i.e., the movement of wildlife species for shelter, feeding and reproduction, as well as plant dispersal.Adding the “biocultural” element to the corridors means thinking that human beings are part of the ecosystem, that the conservation of nature does not exclude the purpose of making possible the full life of human groups, and that culture—materialized in the diverse world views, ancestral knowledge, traditional practices and forms of organization—is a fundamental element for effective conservation of nature.The self-affirmation of the popular committees of the Pantanal is a milestone that reminds us that the protection of nature does not depend only on the action of governments but is made possible by the awareness and popular initiative of communities and peoples. It shows that the exercise of public participation rights is indispensable and fundamental for public policies that make life and socio-environmental justice possible.Biocultural corridors make it possible to integrate conservation and economic and cultural activities with ecological practices, thus promoting a more sustainable future for the communities and the Pantanal region.They represent the birth of a more legitimate and effective conservation initiative, a participatory management and an organizational system in which decisions and policies flourish from the bottom up. An alternative model to poor institutional governance In the context of the climate crisis and a political and economic system that exacerbates the threats, the devastating fire seasons in the Pantanal highlight the problems of land-use change, irresponsible use of fire for agricultural and cattle raising activities, inadequate management of resources to prevent and fight fires, and the lack of coordination and transboundary cooperation.Structural deficiencies in institutional governance have led to inadequate public policies or even to habitat loss through incentives for monocultures and extensive cattle ranching, water regulation using waterways and dams that provide ecosystem services, subsistence and culture for local communities and indigenous peoples.Faced with this panorama, the self-affirmation of the biocultural corridor emerges as an alternative model of territorial management, driven by the people as a response to the lack of effective public policies.With this model, the communities promote conscious popular education to protect water and adopt ecological agricultural practices, instead of relying on a system that favors an economy of degradation at the expense of habitat destruction. Reasons to be hopeful about preserving the PantanalThe self-affirmation of the biocultural corridor allows us to be optimistic due to:The resilience of the people of the Pantanal, which allows them to overcome the devastation and open an alternative path for the conservation of the ecosystem, with the initiative and participation of the farmers.Emancipatory awareness and action that puts life at the center, based on the rights of nature, respect for human rights, and social and environmental justice.An organization that resists and builds itself democratically, based on the Pantanal’s identity, mystique, ancestral knowledge and sustainable traditional practices.A popular and participatory management model that harmonizes conservation and integral development goals, builds bridges with other communities and indigenous peoples, and has the potential to expand as a transboundary socio-environmental governance system with an ecosystem approach.Thanks to the popular committees, the Pantanal is alive and has possibilities for a more sustainable future. The creation of the biocultural corridor is a clear sign of hope for this vast and rich wetland.This model, based on popular management and respect for nature, offers a viable alternative to the threats facing the Pantanal and is a source of inspiration for other territories in crisis on the continent.* Jorge Lu Palencia is an attorney with AIDA's Ecosystems Program; Andrea Islas López is an attorney and intern at AIDA.

January 20 2025 Climate Change, Human Rights, Indigenous Rights

Let's talk about project closure and responsible exit

No mining, fossil fuel extraction or power generation project lasts forever. Their useful life is determined by internal factors, such as the quantity of resource reserves, and external factors, such as declining demand or financial problems.But no matter how long a project lasts or how it is affected, its promoters—whether public or private—must provide for a closure and responsible exit process that considers the natural environment and affected communities, and that is desired and promoted by all stakeholders.This issue is even more relevant in the context of actions needed to address the climate crisis, largely related to the energy transition, which generally implies the substitution of fossil fuel extraction and use projects, as well as the promotion of low-emission renewable energies associated with mineral extraction. In both scenarios, closure and exit issues are of great importance.In the first, it is necessary to incorporate concrete and enforceable commitments to close down and move on from existing projects. In the second, these requirements should be built in from the planning and pre-feasibility stages and should also be included in the environmental impact assessments and subsequent stages.In all projects, the role of the promoters is essential. Likewise, the obligation of the state to supervise and monitor is of great importance in order to protect and guarantee the rights of those who may be affected. In some cases, the responsible exit also includes other key actors that are part of the value and supply chains of the projects: investors, financiers, insurers, suppliers, distributors and buyers, among others.Therefore, the discussion of project closure and responsible exit is essential to environmental protection and climate management in Latin America.What do we mean by project closure and exit?All mining and energy projects have different phases in their life cycle: initiation, planning, execution, monitoring and control, closure, and post-closure. In turn, they have supply and value chains that, as we have said, involve actors from different sectors.In this context, closure refers to the stage of a project in which it ceases to operate and is terminated. Exit, on the other hand, refers to the decision and subsequent process in which the different actors in the project's value and supply chain, in their own roles, completely disengage from the project. What does it mean for a closing and exit process to be responsible?There is currently no consensus on the definition and scope of responsible exit and fair project closure processes. Sometimes these terms are used indiscriminately, which can lead to confusion about the responsibilities of the actors involved and the scope of the processes to be carried out. However, there are elements that allow these concepts to be explained precisely:Responsible and fair project closure is a planned, upfront process that should be considered from the earliest stages of a project and continually updated as the project evolves. Responsible closure ensures a planned, coordinated and participatory cessation of activities and dismantling, and guarantees the right to a healthy environment.The planning and development of a closure plan should focus on risk management as well as impact prevention and mitigation. This will ensure a responsible closure in which the affected areas can be readapted and made safe for both nature and communities, while allowing the ecosystems to recover their functions.The general obligation of the project developer is to properly identify the impacts that the project may cause and to adequately and timely comply with the measures approved by the State in its environmental management instruments.The main obligation of the State (in addition to its general regulatory duty) is to supervise and monitor the project to verify compliance with the developer's obligations and to prevent environmental and/or social damage.The role of other actors in the value and supply chain is to act with due diligence, to use their influence to encourage the promoter to comply with its obligations and, in the event of non-compliance, to act within their role and influence to ensure that the necessary corrective measures are taken.Responsible and fair exit refers to the process undertaken by the various actors in the value and supply chain when they decide to fully divest from a project, considering the responsibilities inherent in their role, which include fulfilling their obligations with respect to human rights and due diligence.In Latin America, there has been important progress in regulating aspects related to the permitting, commissioning and implementation of mining and energy projects. However, experience has shown that there are significant challenges in ensuring that the closure and exit processes are responsible for the ecosystems and communities involved.To learn more about this issue, see our report Closure and Responsible Exit. A requirement for environmental and climate justice in Latin America (in Spanish).

January 13 2025 Human Rights, Indigenous Rights, Fracking

The international search for justice of the Mapuche communities in Mendoza, Argentina

In the context of a global climate crisis that has deepened existing inequalities in Latin America, Mapuche communities in Mendoza, Argentina, face multiple threats that increase their vulnerability to climate change and violate their rights.One of these activities is hydraulic fracturing, or fracking, a method of extracting hydrocarbons widely associated with socio-environmental impacts. In Argentina, it is widely used in the Vaca Muerta mega-development, which covers an area of about 30,000 square kilometers and is considered the second largest gas deposit and the fourth largest unconventional oil deposit in the world.A significant portion of Vaca Muerta is in Mendoza Province. The megaproject covers 8,700 square kilometers. Here, Mapuche communities also face a complex political environment that is threatening their territorial rights and even their identity. Added to this are national policies that are detrimental to indigenous rights in the country. These policies aim to dispossess the communities and make it easier to carry out fracking and other extractive activities.Faced with this situation, the Mapuche people are not willing to give up in the defense of their rights, their way of life and their territorial integrity.The Malalweche Territorial Identity Organization, which represents more than 20 Mapuche communities in the province of Mendoza, has appealed to various international organizations to denounce and publicize the critical situation and to demand justice.This process of international denunciation includes communications to the UN Special Rapporteurs on the Rights of Indigenous Peoples and on the Environment and Human Rights, and the submission of an amicus curiae brief to the Inter-American Court of Human Rights on climate emergency and human rights. Fracking's many impactsOil and gas extraction through fracking in Vaca Muerta takes place on the ancestral lands of the Mapuche people. Fracking is an extreme extraction technique that has significant environmental impacts, including increased greenhouse gas emissions. In the provinces of Neuquén and Río Negro, where the exploitation of Vaca Muerta is most widespread, serious environmental and human damage has been occurring for more than a decade and continues to increase.For Mapuche communities, the impact of fracking goes beyond physical damage to the environment. Extractive activities in their territories undermine their capacity for self-determination and profoundly affect their psychological and spiritual well-being, as their relationship with the land is fundamental to their identity and culture.Although fracking in Mendoza is in its infancy, with only a few active wells, the companies and the province have plans to expand it, in addition to the continued growth of activity throughout Vaca Muerta. In order to do this, they will need larger areas of land and the availability of large amounts of water. In this context, traditional practices such as transhumance – a type of seasonal migration in which shepherds move their animals between pastures at different times of the year – are seriously threatened.The growth of these activities, in the current context of water and climate crises in the region, increases the vulnerability of these communities and compromises their ability to continue living sustainably in their natural environment. Reduced human rights safeguardsThe strategy of expanding the occupation of Mapuche lands with mining and other extractive activities has led to the adoption of retrogressive policies that are undermining the framework for the protection of the rights of the Mapuche people in Mendoza and throughout the country.One of these is the declaration approved in March 2023 by the Chamber of Deputies of Mendoza, which questions the status of the Mapuche as an indigenous people of Argentina. This has raised concerns about the possibility of recognizing their territorial rights and the increase in evictions they are already suffering.Complementary measures that facilitate the development of extractive activities over the human rights of indigenous peoples are also being promoted at the national level. These include the closure by decree of the National Institute against Discrimination, Xenophobia and Racism, whose mission was to promote policies and actions aimed at achieving a society free of discrimination. This measure weakens the institutional protection of human rights.Similarly, the government announced the closure of the National Institute of Indigenous Affairs, dedicated to the promotion and defense of indigenous rights. Although this measure has not been carried out, its functional autonomy has been abolished and the areas dedicated to the recognition of communities and the regularization of their territories have been eliminated. In practice, these measures prevent these peoples from exercising their constitutional right to their ancestral lands.In addition, Law 26160, which had suspended the evictions of indigenous peoples while their territorial regularization was in process, has also been repealed. The Secretary of National Security, Patricia Bullrich, argued that there cannot be permanent laws preventing evictions, since "there cannot be a right to usurp.” Violent evictions against indigenous communities have already begun. Actions of international defenseIn response, the Mapuche communities of Mendoza have shown an enormous capacity for organization and resistance.They have turned to international bodies to expose their situation and demand concrete action from local and national authorities. A key example is the communications sent to the UN Rapporteurs on Indigenous Peoples and on Environment and Human Rights to denounce political persecution and violations of their territorial rights. These communications highlight the complacency of the authorities towards extractive interests. The focus of these denunciations has been the defense of their rights in the face of the advance of fracking and other extractive activities.Additionally, the communities were part of the advisory opinion process through which the Inter-American Court of Human Rights will clarify the continent's states' obligations to protect human rights in the face of the climate crisis.The Malalweche Organization submitted an amicus curiae brief, and its representative testified at a public hearing before the International Court of Justice to demonstrate that the extraction of hydrocarbons through fracking and metalliferous mining in their territories reduces their capacity to resist the climate crisis and exacerbates the severe water scarcity in the area, threatening their very survival.The Mapuche communities of Mendoza also presented concrete proposals for action. They called for their inclusion in all consultation and decision-making processes that affect their territories, in accordance with Convention 169 of the International Labor Organization. They stressed the importance of including their traditional wisdom in the development of public policies that benefit indigenous communities and contribute to more effective and sustainable solutions to global environmental challenges.They also called for the intervention of multilateral organizations to demand that the Argentine state guarantee free, prior and informed consultation and strengthen the national institutions responsible for protecting the rights of indigenous peoples.Supported by organizations that defend human rights and the environment, these struggles aim not only to protect the ancestral territories of the Mapuche, but also to guarantee their right to live in peace, with dignity, and in harmony with their natural environment. Their goal is to ensure the self-determination of indigenous peoples. This will allow them to manage their lands and resources in accordance with their worldview, which is deeply linked to conservation.Recognition of the rights of Mapuche communities, including the cessation of extractive activities such as fracking in their territories, is essential to protect their culture, health and livelihoods. With their ancestral wisdom, they offer a way to effectively address the climate crisis and build a more just and sustainable future.

Declaración para la protección de los páramos y el bosque montano

October 30 2024 Climate Change, Indigenous Rights, Freshwater Sources

Declaration for the protection of the páramos and montane forests of the Tropical Andes

The undersigned civil society organizations, gathered in the framework of the 16th meeting of the Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD) in Cali, Colombia: 1.URGE States Parties to the CBD to adopt domestic regulations and make international commitments to:recognize the crucial role of the páramos and the montane forest that protects them in global water regulation, mitigation and adaptation to the climate crisis, as well as in the conservation of biocultural diversity;protect the human rights, traditional knowledge and sustainable practices of indigenous peoples and peasant and traditional communities that inhabit the páramos and montane forest; andprohibit large-scale mining or similar practices in paramos and montane forests in terms of their socio-environmental impacts, in accordance with the principles of precaution and prevention. 2. REQUEST the States to include in their national biodiversity strategies and action plans indicators and monitoring mechanisms before the CBD that allow them to adequately measure and report compliance with the commitments they assume to advance in the conservation of these ecosystems under the terms of this declaration, as well as to guarantee the rights of the peoples and communities that inhabit them. 3. REQUIRE States and multilateral financial institutions to mobilize sufficient resources and technical capacities to guarantee the conservation of these ecosystems, as well as the protection of the indigenous peoples and peasant and traditional communities that inhabit them. We submit these requests to the States Parties to the CBD: Taking into account that there is a scientific consensus on the water regulatory power of the páramo and montane forest ecosystems[1] because they not only host endemic flora that captures freshwater from rain and fog, supplying it to the Andean cities located downstream; but also soils, lake and peatland systems that have a high concentration of organic matter and an enormous capacity to retain the liquid. In addition, the páramos wetlands are high Andean wetlands[2] under the protection of the Ramsar Convention on Wetlands of International Importance.Recognizing that páramos and their montane forests are fundamental in the carbon cycle; that due to low temperatures and the slow rate of decomposition of organic matter present in them, their soils, vegetation and wetlands capture and retain carbon dioxide (CO2)[3], contributing to climate change mitigation and adaptation and reducing the impact of meteorological events; and that these ecosystems are carbon sinks under the terms of the United Nations Framework Convention on Climate Change (UNFCCC).Reminding that, due to their biological and climatic characteristics, these ecosystems provide essential services for the population and contain biodiversity that is subject to special protection[4] and are home to endemic and native species of flora and fauna such as frailejones, pajonales, epiphytes, the chivito hummingbird, the Andean condor and the Andean bear, among others.Considering that the indigenous peoples and peasant and traditional communities of the region manage and protect the páramos and montane forests, ensure the preservation of common goods in their territories and are guardians of ancestral knowledge that is crucial for the conservation of biodiversity; that the integrity of the páramos is fundamental for the conservation of these ancestral practicess[5]; and that the páramos and montane forests are reserves of biocultural diversity within the framework of the CBD.Reiterating that the Intergovernmental Panel on Climate Change (IPCC)[6] warned of the impact of the climate crisis on páramos; and that they face other anthropogenic pressures such as fires, monocultures, livestock and invasive species[7].Warning that despite being strategic and sensitive ecosystems, deserving of the greatest protection, some of them are currently under strong pressure to develop large-scale mining projects, while others are at risk of being subject to mining concessions due to non-compliance with regulations and public policies that protect them or the lack of them.Bearing in mind that indigenous peoples and peasant and traditional communities have rejected these mining projects in their territories, even winning by majority vote "popular consultations" with which they have succeeded in defending the use of the land for traditional activities in their territories.Insisting that the removal of vegetation cover and the fragmentation of ecosystems generated by large-scale mining can affect the ecological balance, biocultural diversity and the provision of ecosystem services essential for life; acidify and reduce the amount of freshwater available for life systems; and break ecological and spiritual interconnectivity with other biomes and ecosystems, ending their capacity to capture carbon[8] and causing impacts in perpetuity.Following the warnings made by several UN rapporteurs and working groups on the negative impacts of mining on the environment and on human rights[9].Warning about certain dynamics recently employed by some mining companies in the countries of the region, particularly multinationals -such as the splitting of large mining titles, the change of exploitation method from surface to underground mining, as well as the formalization of small-scale miners in the area to outsource their activities by requesting multiple smaller areas-, which threaten to disguise large-scale mining processes with cumulative and synergistic environmental impacts on páramo ecosystems and montane forests that can be equal or more serious than those of a large-scale mining concession.Recalling that under the CBD States are required to: (i) monitor activities that have or are likely to have significant adverse effects on the conservation and sustainable use of biological diversity[10], such as mining; (ii) establish protected areas for biodiversity conservation[11] based on the traditional knowledge of indigenous peoples and peasant and traditional communities[12]; and (iii) adopt emergency measures when there are serious and imminent risks to biological diversity from natural or other events[13], such as risk from extractive activities. Signed byCentro Sociojurídico para la Defensa Territorial Siembra (Colombia)Colectivo Socio-Ambiental Juvenil de Cajamarca COSAJUCA (Colombia)Comité para la Defensa del Agua y el Páramo de Santurbán (Colombia)Consejo Territorial de Cabildos de la Sierra Nevada de Gonawindua CTC (Colombia)Corporación Ecológica y Cultural Penca de Sábila (Colombia)Movimiento Socioambiental Kumanday (Colombia)Natural Seeds Alliance (Colombia)Proyecto Dulcepamba (Ecuador)⁠Acción Ecológica (Ecuador)Latinoamérica Sustentable (Ecuador)Unión de Defensores del Agua - UNAGUA (Ecuador)Federación de Organizaciones Indígenas y Campesinas del Azuay - FOA (Ecuador)Alianza de Organizaciones por los Derechos Humanos del Ecuador (Ecuador)Legal Defense Institute - IDL (Peru)Red Muqui (Perú)Red Internacional de Forestería Análoga - RIFA (Costa Rica)Mining Watch Canadá (Canada)Both ENDS (Netherlands)Redes del Agua Latinoamérica (Regional)Interamerican Association for Environmental Defense - AIDA (Regional)[1]Buytaert W. et al. Hidrología del páramo andino: propiedades, importancia y vulnerabilidad. Lovaina, U. de Lovaina, s.f.,, p. 10, 11, 23.[2] COP del Convenio de Ramsar, Resolución VIII.39. Los humedales altoandinos como sistemas estratégicos. Valencia, 2002.[3] Robert Hofstede et al. “Los páramos del Ecuador: Pasado, presente y futuro”, capítulo 12, págs 328 – 330, 2023[4] Robert Hofstede et al. págs 158 – 163, 2023.[5] IPBES (2018). The IPBES Regional Assessment Report on Biodiversity and Ecosystem Services for the Americas. Recuperado de: https://www.ipbes.net/assessment-reports/americas[6] IPCC (2013). Panel Intergubernamental de Cambio Climático, Quinto Informe de Evaluación, Recuperado de: http://www.ipcc.ch/home_languages_main_spanish.shtml[7] Ochoa-Tocachi et al., 2016, Tomado de IPBES (2018).[8] Madriñán, S., Cortés, A. J., & Richardson, J. E. (2013). Páramo is the world's fastest evolving and coolest biodiversity hotspot. Frontiers in genetics, 192.[9] Asamble General de la ONU, (i) Relatoría Especial sobre derechos humanos y sustancias y desechos peligrosos. Asamblea General de la ONU. A/HRC/51/35, 8 de julio de 2022, (ii) Relatoría Especial sobre el derecho humano a un medio ambiente limpio, saludable y sostenible. A/79/270, 2 de agosto de 2024, (iii) Grupo de Trabajo sobre la cuestión de los derechos humanos y las empresas transnacionales. Asamblea General de la ONU. A/78/155, 11 de julio de 2023.[10] Convenio sobre la Diversidad Biológica, Art. 7.C.[11] Ibid. Art. 8.C. CDB.[12] Ibid. Art. 8.J CDB.[13] Ibid. Art. 14.E. CDB.

October 16 2024 Human Rights, Indigenous Rights, Freshwater Sources

COP16: To conserve biodiversity, governments must respect indigenous and local knowledge

At the UN Conference on Biodiversity, countries must also make progress in ensuring the participation of indigenous and local communities in decision-making on biodiversity. The energy transition model of the global north implies irreversible impacts for the Andean wetlands and the communities that inhabit them, whose territories overlap with lithium reserves. Ahead of the 16th meeting of the Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD), which will take place from October 21 to November 1 in Cali, Colombia, the Alliance for Andean Wetlands (Alianza por los Humedales Andinos) calls on member countries to respect, preserve and maintain the knowledge, innovations and practices of indigenous and local communities for the conservation and sustainable use of biological diversity. Doing so implies honoring the obligations acquired with the signing of the treaty.In addition, the signatory countries of the convention must make progress, through the presentation of concrete action plans at the national level, in ensuring the participation of communities in decision-making on biodiversity issues, one of the 23 targets of the Kunming-Montreal Global Biodiversity Framework adopted in 2022.One of the goals of COP16 is to review compliance with these targets, aimed at halting and reversing biodiversity loss by 2030.According to the Living Planet Report, Latin America is the region with the greatest loss of biodiversity, as populations of all species show an average decline of 94% and 83% in the case of freshwater species.The Alliance warns of the irreversible impacts that the energy transition model promoted from the global north implies for the Andean wetlands, where some of the most sought-after transition minerals, such as lithium and copper, are found.These ecosystems harbor more than that: they are home to an enormous and unique biodiversity, as well as to local communities that depend on them and that for thousands of years have protected and preserved them, maintaining the ecological balance. Quotes from members of the Alliance for Andean WetlandsLaura Castillo, Coordinator of the High Andean Program at Fundación Ambiente y Recursos Naturales (FARN), Argentina:"To address the biodiversity crisis, it is crucial to transcend the current paradigm of production and consumption, which promotes excessive use of environmental goods and exacerbates the ecological crisis. To this end, it is imperative to promote the reduction of high levels of consumption of natural goods, especially from the global north. Solutions to the climate and biodiversity crises -which are closely related- will inevitably require countries to define their own socio-ecological transitions towards models of life that respect human rights and planetary limits." Vivian Lagrava Flores, Coordinator of Empodérate and the Wetlands, Biodiversity and Water Protection project, Bolivia:"Biodiversity and water should not be assumed as an 'exploitable resource' by the States. As long as this mercantilist view persists, we will have more people affected by mining and sacrificed and, therefore, more biodiversity exposed and at risk of extinction." Verónica Gostissa, attorney and coordinator of the Alianza por los Humedales Andinos project at Asamblea Pucará, Catamarca, Argentina:"It is urgent to address the problem of lithium exploitation in the Puna. It is advertised as 'clean energy', but it is devastating our ecosystems. In Argentina, they intend to turn the Salar del Hombre Muerto into an industrial park, installing more than eight projects in the same territory. In this COP, it is crucial to recognize the irreversible impact generated by extractivism and, from there, to deploy ecosystemic links based on the care of all that is vital." Cynthia Escares, biologist and director of the NGO Defensa Ambiental, Chile:"The climate crisis is an undeniable reality. However, in its name, forms of extractivism disguised as clean energy and equity are being promoted, without recognizing the profound implications of these processes. Projects such as lithium and rare earth mining, essential for batteries and green technologies, are presented as solutions to climate change, but they replicate the same logics of exploitation that have historically devastated territories and communities. This time, not only will we lose the inhabitants of these vulnerable regions, but we are leading the planet and all its biodiversity towards an irreversible collapse." Yeny Rodríguez, senior attorney with the Ecosystems Program at the Interamerican Association for Environmental Defense (AIDA):"The biological and cultural diversity of our region is at risk. After COP16, it should be understood that we can no longer talk about defossilization as the panacea that will save us from the climate crisis. The energy transition towards 'clean energy' also requires the extraction of minerals such as lithium, an industry that in Latin America is already causing the destruction of Andean wetlands and the disappearance of rivers. We are facing an opportunity to move towards the protection of biodiversity and the human rights of the native communities that have cared for the territories since before the existence of our States." Ramón Balcázar Morales, executive director and researcher of Fundación Tantí, Chile:"The salt flats from which South American lithium is obtained are wetlands, territories inhabited by indigenous peoples and communities whose ways of life are key to the conservation of ecosystems that sustain a threatened biodiversity. Faced with the deepening of the polycrisis, we must promote democratic processes that allow us, as a society, to overcome the profound contradiction between the climate agenda based on green growth and the biodiversity conservation agenda. This requires governmental and institutional efforts and will to strengthen and dialogue with communities and social actors in the territories affected by mining and energy megaprojects associated with the energy transition."

October 03 2024 Indigenous Rights, Fracking, Freshwater Sources

Organizations concerned by Mendoza Supreme Court rejecting their Participation while allowing that of the oil industry in litigation over fracking

The Mendoza Supreme Court’s differential treatment occurred in a lawsuit over the authorization of fracking, or hydraulic fracturing, for extracting oil and gas from the Vaca Muerta formation in the Argentinian province. Civil society groups express concern about the Mendoza Supreme Court’s refusal to receive information about the dangerous impacts of using fracking to extract oil and gas on indigenous peoples and the environment in Mendoza. The Court rejected the participation of seven organizations--including an organization of the Mapuche Indigenous People and both Argentinian and international groups on human rights and the environment--in a case that will impact the regulation of the oil and gas industry in Mendoza.The court has instead shown preference toward the fossil fuel industry, having allowed the participation of several groups representing the interests of oil companies in the same court case.The court is weighing a decision involving the authorization of hydraulic fracturing--also known as fracking--to extract oil and gas from the Vaca Muerta formation in Mendoza. Although fracking has not been widely used in Mendoza, the technique has caused public health and safety risks in other countries because of its impact on the environment.The organizations requested to participate in the case as "Friends of the Court" (amicus curiae). This is a common practice permitted in Mendoza and many countries around the world that allows people not otherwise connected with litigation to share information with the courts in cases that affect the public interest.One justice dissented from the Supreme Court's decision, criticizing that this ruling "is far from the level of listening that ought to demand the judge's attention in the resolution of cases of undoubted social interest, such as the one at issue here." Furthermore, the justice pointed out that "[t]he entities requesting this Court to grant them participation as amicus, have vast experience and specialization in environmental issues."So far, the Supreme Court has rejected the interventions of the following organizations: Organización Identidad Territorial Malalweche (Mendoza); Xumek (Mendoza); Centro de Estudios Legales y Sociales (national); the Interamerican Association for Environmental Defense (international), the Center for International Environmental Law (international); Earthjustice (international) and the Environmental Law Alliance Worldwide (international). Statements from the organizations Ana Laura Piccolo, executive director of XUMEK:"At Xumek, we are concerned by the provincial Supreme Court’s repeated rejections of the participation of civil society organizations through the figure of the 'Friend of the Court.' The organizations that have come forward to collaborate have established experience in the subject matter of the case and we make our contributions from a serious and objective perspective, in accordance with the technical and legal knowledge and expertise we possess. In addition, we have participated as amicus curiae in numerous judicial proceedings, both local and international". Ñushpi Quilla Mayhuay Alancay, attorney in charge of the Indigenous Peoples Area of XUMEK:"As expressed in the dissenting vote, ignoring all the voices of civil society in a case of high social complexity affects the dialogue between the judiciary and the citizens, thereby weakening the democratic process in cases of social interest where the human rights of society can be affected". Erika Schmidhuber, attorney with the Center for Legal and Social Studies (CELS):"We consider it essential that the province complies with international human rights standards on free, prior and informed consultation with indigenous peoples for development projects in their ancestral territory, regardless of whether or not that territory is formally recognized. The Argentine State has already been condemned internationally for not complying with these standards. It is necessary for the Mendoza court to evaluate the arguments we have presented as they reflect the obligations that Mendoza must comply with." Jacob Kopas, attorney at Earthjustice:"Strong scientific evidence from other countries shows that fracking generates serious contamination risks, particularly by leeching toxic chemicals into nearby water supplies. It is essential that the Supreme Court of Mendoza take this evidence into consideration along with the support for fracking it has received from groups that profit from oil extraction." Sofía Barquero, attorney with AIDA's Ecosystems Program:"Our interest in this case stems from our desire to ensure that environmental protection and the rights of indigenous peoples are an integral part of any decision that may affect these communities. In that sense, we respectfully call on the Court to reconsider its decision and allow for the inclusion of civil society voices in this judicial process. We trust that the Court will take into consideration the importance of listening to all stakeholders in this case." Upasana Khatri, attorney at the Center for International Environmental Law (CIEL):"Fracking poses long-term environmental and health hazards that outlast production. It is essential that the Court hears from civil society experts on the evidence of such harms and the legal duty to prevent them - not just from industry actors with a stake in fossil fuel production - to ensure an informed decision on the risks and regulation of fracking in Mendoza."Press contactsOrganización Identidad Territorial Malalweche, Werken Gabriel Jofre, +54 2604592679XUMEK Asociación para la promoción y protección de los derechos humanos, Ñushpi Quilla Mayhuay Alancay, +54 9 2616807798CELS, Martina Noailles, [email protected], +54 9 11 6562-6566AIDA, Víctor Quintanilla, [email protected], +521 5570522107Earthjustice, Jacob Kopas, [email protected], +1 5862924603CIEL, Press Office, [email protected]

September 24 2024 Indigenous Rights, Freshwater Sources, Mining

AIDA petitions Argentine court for protection of human rights in lithium mining case

In a legal brief supporting the litigation of the indigenous communities of the Puna in Argentina, we ask the Court of Justice of Catamarca to cancel the permits for two mining projects to avoid irreversible environmental impacts on the territory of the Salar del Hombre Muerto. We also ask that it order a cumulative and comprehensive environmental impact assessment that meets international standards and guarantees the participation of the communities. In support of the lawsuit filed by the Atacameños del Altiplano Indigenous Community, the Interamerican Association for Environmental Defense (AIDA) filed an amicus curiae or "friend of the court" brief before the Court of Justice of Catamarca, requesting that the national government and the government of the province of Catamarca, in accordance with their international obligations, protect the rights of local communities against the cumulative environmental impacts of lithium mining projects in the territory and watershed of the Salar del Hombre Muerto."The accumulation of lithium mining activities in the Salar del Hombre Muerto has exacerbated water stress in the province and today threatens to affect the health of indigenous communities due to the use of large quantities of water and polluting chemicals," said Yeny Rodríguez, Senior Attorney at AIDA. "In application of the principles of prevention and precaution, it is imperative that the State take measures to avoid further impacts; if it fails to do so, it may incur international liability for the damages caused."The brief provides grounds for the application of justice and for the defense of the rights to a healthy environment, to water and to the life project of the communities. The document shows that the national and provincial governments have an obligation under international treaties and standards, such as the American Convention on Human Rights, the Convention on Biological Diversity, and the Convention on Wetlands, among others, to use an environmental assessment that addresses comprehensive and cumulative impacts to authorize existing, proposed, and related mining projects.The writ was filed as part of the amparo action filed by the Atacameños del Altiplano Indigenous Community in August 2021. In it, they asked the Court of Justice of Catamarca to revoke the authorizations granted by the environmental authorities to the projects "Fénix Project Expansion" of the company Livent and "Sal de Vida" of the company Galaxy Lithium S.A., until a proper environmental impact assessment is carried out.In a decision released last March 13, the court ordered the provincial government, as a precautionary measure, to refrain from issuing new permits until a "cumulative and comprehensive" environmental impact study is conducted for all lithium mining projects being developed in the area, and to guarantee free access to information and free, prior and informed consultation with communities for all projects. However, the court did not accept the request to stop lithium mining in the area, so the socio-environmental risks remain.In this sense, in order to protect the ecosystem and not irreparably affect the life project of the indigenous peoples, AIDA presented arguments to the Court of Justice of Catamarca in support of the communities' requests:In application of the international environmental principles of prevention and precaution, revoke the permits for the projects identified in the lawsuit and for all projects in the Salar Basin until an environmental assessment is carried out in accordance with international law.Order the competent authorities to carry out a cumulative and comprehensive environmental impact assessment, respecting at all stages the right to consultation or consent, as well as the right to timely and effective environmental participation of the Atacameños del Altiplano Indigenous Community. "AIDA reiterated before the Court that the Inter-American Court of Human Rights has ruled that the Environmental Impact Assessment is the measure that guarantees the subsistence of indigenous communities in the face of the restrictions imposed by the concessions granted in their territory," said Rodríguez.The brief points out that in this case — given that lithium mining and other projects have already caused serious environmental degradation and affected the water carrying capacity of the ecosystem, in addition to jeopardizing the community's livelihood project — the state had an obligation to conduct a cumulative and comprehensive environmental impact assessment.Due to low rainfall and water evaporation, the Salar del Hombre Muerto — an Andean wetland located in northwestern Argentina, between the provinces of Catamarca and Salta — has a negative natural water balance, which has been exacerbated in the last 27 years by lithium mining. This activity requires the extraction of large quantities of brine (water with a high salt content) and fresh water (surface and groundwater).The region of the Salar Basin has been inhabited for more than 10,000 years by indigenous communities who have a special relationship with the environment that guarantees their individual and collective survival, their culture and their traditions. As a result of lithium mining, their members have had to change their traditional practices and have also suffered water shortages and significant animal losses.The Fénix mining project has diverted the Trapiche River to the point of drying up its last stretch before it reaches the salt flats. And the expansion of mining activities in the area threatens to dry up the Los Patos River as well.In the development of the projects mentioned in the lawsuit, the companies did not provide information to the communities, did not hold public hearings with their participation, and did not carry out a process of free, prior and informed consultation.Press contact:Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107

September 12 2024 Indigenous Rights, Freshwater Sources, Mining

UN takes major step toward prioritizing justice regarding transition minerals

The United Nations’ Critical Energy Transition Minerals Panel issued a series of recommendations and voluntary principles aimed at ensuring equitable, fair and sustainable management of these minerals. The guidelines are aimed at governments, industry and other stakeholders in energy transition processes.This comes at a time when the global renewable energy movement, which seeks to reduce emissions that exacerbate the climate crisis, has highlighted how the environmental and social costs of transition minerals extraction fall disproportionately on local communities and ecosystems.Claudia Velarde, co-director of the Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA), said: “For Latin America, the recommendations and principles are very important, since a large part of the reserves of resources essential for the energy transition are in the region, in complex territories rich in biological and cultural diversity.Significantly, the panel places human rights and justice at the center, recognizing the complexity of the energy transition and the inequality between countries in the global South that host the minerals and those in the North that need them for their own transition.To move forward with justice, the energy transition must break with the development status quo, include perspectives from the global South, respect the human rights of local communities, and recognize ecosystem boundaries.While there is still a long way to go to achieve a truly just and popular energy transition for Latin America, we hope that this contribution will be a step in that direction.” The recommendations and principles are contained in a report in which the Panel explains how the transition t to renewable energy can be based on justice and equity, promoting sustainable development, respect for people, and protection of the environment in developing countries.The Panel proposes seven voluntary guiding principles, based on standards, commitments and legal obligations established in United Nations texts:Human rights must be at the core of all mineral value chains.The integrity of the planet, its environment and biodiversity must be safeguarded.Justice and equity must underpin mineral value chains.Development must be fostered through benefit sharing, value addition and economic diversification.Investments, finance and trade must be responsible and fair.Transparency, accountability and anti-corruption measures are necessary to ensure good governance.Multilateral and international cooperation must underpin global action and promote peace and security. Read the panel report: https://www.un.org/sites/un2.un.org/files/report_sg_panel_on_critical_energy_transition_minerals_11_sept_2024.pdfLearn more about panel: https://www.un.org/en/climatechange/critical-mineralsPress contact:Víctor Quintanilla (Mexico), [email protected], +5215570522107

Textiles tradicionales en un mercado de Chichicastenango, Guatemala.

August 28 2024 Human Rights, Indigenous Rights

Organisations demand justice in criminalization case against Rigoberto Juárez, ancestral authority and environmental and human rights defender of Guatemala

Organisations dedicated to the protection of human rights defenders, and national and international organisations working on the promotion and protection of human rights and indigenous peoples rights, express our concern over the criminalization process against Rigoberto Juárez, ancestral authority, environmental and human rights defender, and general coordinator of the Plurinational Ancestral Government of the Original Nations Mayas Akateka, Chuj, Q’anjob’al y Popti’.The judicial process against Rigoberto began in 2015 due to his role as a mediator and ancestral authority in a land conflict within the Q'anjob'al territory, specifically in the Ixquisis micro-region. This conflict arose from the indigenous Maya community's resistance to the poorly implemented and unconsulted hydroelectric projects by Energía y Renovación S.A., financed by BID Invest.The judicial process lacked an intercultural and differentiated approach. Additionally, the decisions made in the second instance and by the cassation court have ignored the factual and legal arguments presented by the defense regarding Rigoberto Juárez's role as an ancestral authority, which involved, at the community's request, assuming a mediator role in the high-conflict situation.From the perspective of the signing organizations, this judicial process has been used as a reprisal mechanism against the human rights defender’s legitimate human rights work. In particular, due to his crucial role in bringing visibility to, and reporting on, the Ixquisis case through a complaint submitted to the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank. Evidence of this can be found in the temporal overlaps of this process with crucial moments of the complaint filed with the MICI.In view of this concerning situation, we request judicial authorities to consider the arguments submitted by the legal defense of Rigoberto Juárez in the amparo action filed on 22 August and to make a decision that takes into account the specific guarantees of Rigoberto Juárez as an ancestral authority and as an environmental and human rights defender. Likewise, we call on international human rights institutions to urge the State of Guatemala to resolve the case of Rigoberto in accordance with their international obligations, and to prevent and address the serious trend of criminalization of indigenous authorities exercising their rights and responsibilities. Signed by:International Platform against ImpunityProtection International MesoaméricaInteramerican Association for Environmental Defense (AIDA)Franciscans InternationalRed Nacional por la Defensa de la Soberanía Alimentaria en Guatemala (REDSAG)Bank Information CenterInternational Service for Human RightsFront Line DefendersNISGUA (Network in Solidarity with the People of Guatemala)ASERJUSP. Marco Tulio Recinos Torres. CPPS.Center for International Environmental Law (CIEL)María Eugenia Solís GarcíaAlba Cecilia del Rosario Mérida PiedrasantaPress contact:Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107

XI Foro Social Panamazónico en Rurrenabaque y San Buenaventura, Bolivia

July 18 2024 Indigenous Rights, Mining, Public Participation

The Amazon: The complexities and challenges of its protection

By Vania Albarracín and José David Castilla* Protecting the Amazon is one of the region's greatest challenges. Facing it requires coordination and cooperation between states, peoples and organizations. In this context, the Pan-Amazonian Social Forum (FOSPA) was born out of the need to think about the Pan-Amazonian region - a region made up of the countries that have jurisdiction or territory in the Amazon basin, and/or have jungle coverage, and/or are part of the Amazon Cooperation Treaty (TCA) - in all its complexity. FOSPA is a regional space for articulation, reflection and exchange between indigenous peoples, social movements and civil society from Bolivia, Brazil, Colombia, Ecuador, Guyana, French Guiana, Peru, Venezuela and Suriname. The reason why so many actors have come together around the Amazon is that it is a mega-diverse ecosystem and a global climate stabilizer, containing more than 13% of all known plant and animal species and releasing 6,600 km³ of freshwater annually into the Atlantic Ocean, representing between 16 and 20% of global runoff. It is therefore essential to consider the interconnections and interdependencies between the Amazon and other ecosystems in the region. Marine-coastal ecosystems, Andean wetlands, mountain ranges and forests are interconnected throughout the continent and should be recognized as part of a comprehensive conservation strategy. The Amazon region is facing serious problems of deforestation and ecosystem degradation, which have led to warnings of reaching the so-called point of no return. This refers to the loss of the ecological balance and climatic functions of the Amazon, which would have incalculable negative global repercussions. FOSPA holds biannual meetings in different cities and sub-regions of the Amazon to discuss the violations of human, environmental, territorial and natural rights that afflict the region, as well as to propose alternatives that come from the local communities and indigenous peoples that inhabit the region. The eleventh version of FOSPA was held from June 12 to 15 in the cities of Rurrenabaque and San Buenaventura, in the Amazon region of Bolivia. The meeting resulted in a joint declaration in defense of life, peoples and nature. AIDA participated in the meeting and we share below our assessment of the main agreements, the gaps in their implementation and what is missing to ensure the protection of the Amazon. The agreements 1. Mining threats The threats posed by mining to the Amazon region can be seen in two key issues: the promotion and impact of new extractivism (such as copper mining) and mercury contamination from gold mining. The meeting highlighted the need to ban the global trade of mercury and to develop multinational strategies to combat its use in gold mining, in accordance with the Minamata Convention. In addition, a biocultural approach to assessing the impacts of mining was advocated, recognizing the interrelationship between biodiversity and indigenous cultures, the fundamental role of women in preserving and reproducing life, and the participation of civil society in decision-making spaces, ensuring transparency and full disclosure. 2. An Amazon free of extractivism One of the main concerns of the communities, peoples and organizations that participated in the meeting is the presence of different types of extractivism in the Amazon region. They recognized that their rights are violated and threatened by hydrocarbon extraction and transportation projects, by the exploitation of transition minerals such as gold and copper, and by the implementation of public policies related to the energy transition. One of the most relevant proposals in this regard was to generate a multifactorial and plurinational declaration of the Amazon as a zone free of fossil fuels and mining, not only as a slogan, but as a political, social and environmental horizon for the protection of life in all its forms. This proposal must be evaluated in the context of the different tensions and social realities of the region. 3. Guarantees for a just and popular energy transition A just and popular energy transition was another relevant point of the meeting. Indigenous communities and peoples raised the need to decolonize the concept of energy transition and propose a process that comes from them, who have historically suffered the impacts of extractivism. The call was for an energy transition that remediates these impacts and restores affected ecosystems. Achieving this goal requires responsible project closure and exit processes, as well as transition processes that incorporate the highest human rights standards and the perspectives of affected communities. Practical gaps 1. Insufficient commitment to regional cooperation The eleventh version of the FOSPA revealed a lack of political commitment on the part of the member governments of the Amazon Cooperation Treaty Organization (ACTO), reflected in the absence of firm agreements and mechanisms for effective participation. This favors extractivist policies and weakens the protection of indigenous and environmental rights. It is essential that ACTO review and strengthen its structures to ensure that international commitments are implemented and that pan-Amazonian communities play an active and decisive role in policy formulation. 2. Exclusion of indigenous peoples and communities from the decision-making process The exclusion of indigenous peoples and indigenous Amazonian communities from decision-making processes is evident. This results in policies and agreements that do not reflect their needs and realities. A clear example of this is the Conferences of the Parties (COP) on climate change and biodiversity, where indigenous representation is not real or substantive, resulting in a failure to value their ancestral knowledge and fundamental role in biodiversity and climate protection. 3. Absence of a binding mechanism The implementation of agreements reached in forums such as FOSPA has been inadequate and, in many cases, non-existent. This has been one of the main demands of indigenous peoples and communities. Due to the non-binding nature of FOSPA and its lack of relevance to the state perspective, many of the demands remain in the realm of declarations. Although the FOSPA is essential for pan-Amazonian integration and the construction of alternatives from the territories, a joint effort is needed to strengthen its link with decision-makers, to promote the active participation of communities and to turn the forum into a platform for mobilization and action. The road ahead The next FOSPA meeting will take place in two years, but the effective protection of the Pan-Amazon region cannot wait. In the short term, it is necessary to take concrete actions to mitigate the impacts on the ecosystem and to adopt regional cooperation measures to ensure its integral and transboundary protection. Among other things, it is necessary and urgent: Achieve a regional consensus and design a plan to guarantee the declaration of the Amazon as a zone free of fossil fuels and all forms of extractivism. Coordinate an Andean-Amazonian and coastal articulation for the integral defense of territories, demanding concrete actions against mining with a biocultural approach. Demand regulatory frameworks for environmental and human rights due diligence in the Amazonian countries and in the countries of origin of the companies, in order to oblige them to comply with international standards in these two areas. Urge states to apply the principles of prevention and precaution and to raise their standards for projects that may affect the Amazon. Develop a mechanism for the closure and phasing out of fossil fuel extraction projects in the Amazon. Guarantee the active, representative and binding participation of Pan-Amazonian communities and peoples in international forums where decisions are made about nature, such as the next UN Conference on Biodiversity (COP16 in Colombia) and the next UN Conferences on Climate Change (COP29 in Azerbaijan and COP30 in Brazil). *Vania Albarracín Silva is an attorney with AIDA's Ecosystems Program and José David Castilla Parra is an attorney with Human Rights and Environment Program.