Indigenous Rights

Human rights and the rights of nature in the governance of minerals for the energy transition

A reading of Advisory Opinion 32 of the Inter-American Court of Human Rights by the Andean Wetlands Alliance The Inter-American Court of Human Rights (IACHR) outlined in its Advisory Opinion No. 32 (OC-32), released on July 3, 2025, how human rights must be upheld in the face of the climate emergency. The Court also recognized the rights of nature and the responsibilities of States and companies regarding climate change. This advisory opinion followed more than 150 oral interventions and over 260 written submissions—including those from organizations that are part of the Andean Wetlands Alliance.This pronouncement sets a course for protecting valuable ecosystems and the rights of people in Latin America, a region deeply affected due to its significant reserves of minerals increasingly in demand for the global energy transition.Human rights and "critical" mineralsThe IACHR, a central institution in setting human rights standards for Latin America and the Caribbean, provided through OC-32 a set of tools for moving toward policies grounded in equity and justice. These tools align with the principles put forward by the UN Secretary-General in relation to the minerals value chain for the energy transition.Minerals such as lithium and copper are at the heart of current energy transformation policies due to their value for battery manufacturing. This value chain begins in territories such as the high Andean wetlands of Argentina, Bolivia, and Chile, with the exploration and extraction of mineral deposits. It continues with their processing and refining in specialized facilities for the production of cells, which are later integrated into batteries that power a range of devices—mainly individual electric vehicles.The Court placed special emphasis on the protection of human rights during the extraction of so-called “rare or critical” minerals for the energy transition, which make up the first links in this value chain. This directly reflects Principle 1 of the 2024 Report of the UN Secretary-General’s Panel on Critical Minerals for the Energy Transition and offers a key legal instrument for protecting human rights in Latin American countries. It also outlines essential elements for respecting the integrity of ecosystems (Principle 2) from the most biodiverse region on the planet, as well as advancing justice and equity (Principle 3), transparency and accountability (Principle 6), and strengthened multilateral cooperation (Principle 7).Rights of Nature in a Megadiverse RegionAmong its conclusions, the Court recognizes the rights of nature, referring to the need to preserve its essential ecological processes. This contributes to consolidating a development model that respects planetary boundaries and ensures the availability of vital resources for present and future generations.This recognition is especially critical in Latin America, one of the most biodiverse regions in the world. It holds 50% of the planet’s biodiversity in ecosystems such as wetlands and tropical forests—especially the Amazon. It is home to 12 of the 14 terrestrial biomes and is a key epicenter for nature’s contributions to people.These issues are particularly relevant for a region whose historical role as a provider of natural resources has helped build the global economy, yet at great cost—causing severe ecosystem damage and violating community rights. The protection of nature’s rights provides a central tool for managing the mineral wealth essential for the energy transition, especially given that the region holds more than 50% of the world’s lithium reserves and 40% of its copper reserves.Latin America is also one of the most culturally diverse regions: approximately 54.8 million Indigenous peoples live across its territories, representing 8.5% of the total population—the highest global proportion relative to total population—and occupying over 20% of the land.OC-32 particularly highlights the role of communities in preserving ecosystems and a healthy climate, free from human interference. It acknowledges the importance of local, traditional, and Indigenous knowledge for informed decision-making and cultural preservation. This approach empowers local and Indigenous communities—long-standing guardians of ecosystems who possess deep traditional knowledge—yet who are often excluded from decision-making processes and denied their rights to free, prior, and informed consultation and participation.The right to a healthy climate: Promising newsOC-32 recognizes the right to a healthy climate as part of the broader right to a healthy environment, free from human interference. States are thus required to prevent any irreversible harm to the planet’s ecological balance and exercise heightened due diligence—taking into account the degree of potential harm, the best available science, and the specific vulnerabilities of at-risk groups, without creating or exacerbating such vulnerabilities.In their mitigation strategies, States must prioritize both people and ecosystems—particularly those that play a vital role in regulating the Earth’s climate systems and natural cycles.In this regard, the Court’s acknowledgment of the Andean wetlands of Argentina, Bolivia, and Chile is especially significant. These ecosystems contribute to climate adaptation through water regulation. They also have the capacity to mitigate climate change by acting as carbon sinks: studies have recorded significant levels of carbon dioxide absorption through their vegetation and extremophile microorganisms.Ironically, these very wetlands are now under threat from the expansion of mining for the energy transition.Corporate Obligations on Human RightsOC-32 makes it clear that, in addition to States, companies also bear obligations concerning the climate emergency and its impact on human rights. The Court calls on States to regulate and oversee corporate due diligence across the entire value chain, in accordance with the UN Guiding Principles on Business and Human Rights (UNGPs). These obligations include identifying, preventing, mitigating, and accounting for business-related impacts on the environment, climate, and human rights. These are non-transferable obligations—they cannot be outsourced to third parties, such as certification bodies. The advisory opinion also calls for the avoidance of greenwashing and undue influence from third-party actors in corporate decision-making.A perspective on Advisory Opinion 32 from the Andean wetlandsSpanning more than 200 pages, OC-32 provides tools to ensure the protection of human rights throughout the mineral value chain, as well as the integrity of ecosystems, from a Latin American perspective. It also promotes implementation of the UN Secretary-General’s Panel principles on critical minerals for the energy transition.No less important, it upholds the interdependence of democracy, the rule of law, and human rights protection within the Inter-American system, and strengthens the role of access rights and the protection of human rights, environmental, and climate defenders, in accordance with the Escazú Agreement. This recognition is especially crucial for the most dangerous region in the world for defending nature.In a context of climate denialism, fueled by political leaderships that reject humanity’s role in the climate crisis, OC-32 stands as a vital roadmap to urge States to meet their climate commitments through a human rights-based approach.From the Andean Wetlands Alliance, we view this opinion with hope—as a key tool to help ensure the rights of those who have inhabited these wetlands for generations and to protect these vital ecosystems. Reactions from Members of the Andean Wetlands Alliance to Advisory Opinion No. 32 of the Inter-American CourtPía Marchegiani, Deputy Executive Director, Fundación Ambiente y Recursos Naturales (Argentina):"In a context where discussions on critical minerals are increasingly shaped by security and military interests, and unilateral or bilateral agendas from the Global North seek to control mineral supply chains, the Inter-American Court has taken a clear, strategic step in defining how the balance must be struck: placing human rights and nature at the center. Only in this way can we move forward toward justice and equity, as proposed by the UN Secretary-General’s Panel on Critical Minerals."Ricardo Frez, Director, ONG Defensa Ambiental (Chile):"This unprecedented recognition of nature as a rights-bearing subject marks a shift toward ecocentric approaches in international human rights law. It is especially significant amid the growing—and often irreversible—impacts of mining for critical minerals like lithium and copper in the Global South. The Court affirms the autonomous protection of nature, not only as a means to secure human rights, but as an end in itself. It reinforces States’ obligations to prevent irreparable climate and environmental damage. In a context where the energy transition risks replicating extractivist models, this advisory opinion provides crucial normative tools to defend territories and life."Vivian Lagrava Flores, Empodérate, Human Rights Collective (Bolivia):"Although communities may not be familiar with technical terms like climate, energy transition, and so on, they have welcomed with hope the fact that Advisory Opinion 32/25 places greater obligations on States. Laws, constitutions, and human rights standards are being ignored, while all kinds of impacts are overlooked. Wetlands—especially freshwater bofedales—are nature’s miracle that sustains our way of life and are essential for mitigating climate change. Yet they are being destroyed by extractivism. The Bolivian State must grasp the magnitude of its obligations."Ezio Costa Cordella, FIMA NGO (Chile):"The concept of a just transition appears in several parts of the advisory opinion issued by the Inter-American Court of Human Rights. There is a specific and explicit mention of this type of transition, and the Court refers to the obligation of States to uphold this principle when developing climate policies and strategies. This means they must avoid deepening situations of multidimensional poverty and instead assess how a transition will affect a given territory and the people who live there—including, of course, the workers in industries undergoing change. In this sense, it is important to understand that the ecological transition is not limited to policy measures; it also concerns how a range of social systems, including those of production and consumption, will adapt to the new climate and environmental reality. In this process—from the present state of affairs to what will emerge as a result of this new environmental condition—we must ensure that no further violations of human rights occur. On the contrary, we should create conditions that lead to better protection and fairer distribution of those rights."Oscar Campanini, CEDIB (Bolivia):"The advisory opinion of the Inter-American Court is an enormously important reinforcement of civil society’s defense of the environment, water, Indigenous peoples’ territories, and life itself—a defense that benefits not just specific groups but is, in fact, the only way to ensure our survival as a species. In the case of the high Andean plateau, this opinion supports the struggles of communities defending water and wetlands against growing pressure from critical mineral extraction projects such as lithium."Verónica Gostissa, Asamblea PUCARÁ (Argentina):"We are at a turning point for climate justice and human rights. The Inter-American Court now recognizes the autonomous right to a healthy climate. In regions like northwest Argentina—where ecosystems of high ecological value, such as high Andean wetlands, coexist with intense extractive pressures from lithium mining—this decision directly challenges the current mining and energy model. This legal milestone reinforces a truth that communities and peoples have long upheld: if it dries up rivers, it’s not an energy transition. And there can be no true transition without environmental justice."Paulina González Quiroga, Fundación Tantí (Chile):"We deeply value the statement issued by the Inter-American Court at a strategic moment for our bodies and territories, especially for those of us living in the Global South—in the highland and coastal desert regions of Chile. This is a mining and productive zone where both continental and marine waters are being affected by the entire value chain operating in the area. In our territory, marked by a history of environmental sacrifice, there is no real transition. On the contrary, the same communities and ecosystems are now facing an intensification of extractivist practices—now labeled ‘green.’ We are witnessing an unimaginable increase in the impacts on our high Andean and marine ecosystems, and on the ways of life that exist here. In this context, the Court’s opinion will be crucial in strengthening the legal defense of our territories in various processes of Indigenous consultation and environmental justice that are already underway and will undoubtedly continue within the framework of these policies." Yeny Rodríguez, senior attorney and Line Coordinator, Interamerican Association for Environmental Defense (AIDA)"The Advisory Opinion No. 32 of the Inter-American Court recognizes the high degree of vulnerability and risk in which strategic ecosystems in Latin America are found for the water cycle and climate, such as the Andean salt flats, and sends a very clear message to the governments of the region and to the companies operating in our territories: in application of enhanced due diligence, they must avoid mining activities that could generate irreversible damage to ecosystems and aggravate the situation of vulnerability of indigenous peoples or communities at risk." 

Opinión Consultiva 32: Inter-American Court Links Climate Crisis to Human Rights

From rights to remedies: What's at stake in the Inter-American climate advisory opinion

On January 9, 2023, Chile and Colombia jointly submitted a request to the Inter-American Court of Human Rights (IACtHR) to clarify State obligations in the face of the climate emergency. The request raised critical questions about States’ duties related to the prevention, adaptation, mitigation, and reparation of climate impacts, as well as the protection of environmental defenders and the promotion of equity.The process, which included the submission of over 200 written observations—an unprecedented number for an advisory opinion before the Court—and three rounds of hearings in April and May 2024, has created a unique space to understand the legal positions of States, international organizations, civil society, and Indigenous Peoples.In this webinar, co-hosted by AIDA, CDH - Honduras, CIEL, Earthjustice, ERI, FACE, Greenpeace International, La Ruta del Clima, UCS, and other allied organizations, we explored the transformative potential of this historic advisory opinion.We shared key reflections on the legal arguments presented to the Court, the broader scope of the proceedings, and what an ideal outcome might look like. We also examined how this opinion—alongside others issued or pending before international courts such as ITLOS and the ICJ—can strengthen climate justice, guide State action, influence climate litigation, and make a meaningful difference in people’s lives across Latin America and beyond. SpeakersElisa Morgera, UNSR on climate change and human rights.Alana Lancaster, West Indies University, Cave Hill Campus, Barbados.Sandra Reyes and Dagoberto Majano, Mesa Justicia Climática, Cedeño community, Honduras.Moderator: Luisa Gomez, CIEL. Recording 

Reimagining the circular economy from the extraction territories. Proposals from Latin America

Among the various global commitments to address current climate crisis, international governance bodies, such as the United Nations, have provided guidance on the need to duplicate renewable energy production and electromobility to decarbonize the global energy mix, calling this process “energy transition”. However, this implies intensifying the extraction of minerals that make the development of these technologies possible. Each region of the world plays a different rol within the supply chain of minerals that will be used in decarbonization proceses. Latin America has been identified as one of the regions with vast mineral reserves that would fuel this transicion proposal. However, in this context of mining interest there is the tendency to make invisible the populations that inhabit these territories as well as their hydrogeological systems of local, regional and global significance.Lithium is one of the minerals that has noticeatly increased its commercial interest in terms of progress on energy decarbonization. It is in the Gran Atacama region, which encompasses areas of Argentina, Bolivia and Chile, where the greatest global reserves are found. Nevertheless, for lithium to be available it requires going through a complex international supply chain, which is particularly complex since it includes mineral extraction, its refining to battery-grade, production of electrodes for batteries, production of batteries and, finally, production of electric vehicles.This situation, of increased demand for minerals in complex global supply chains, generates warnings about the risk for the region to recreate a new cicle of extractivism, should public policies that integrate in an effective way environmental, social and territorial development standards, are not devised and implemented.Circular economy, closely related to the energy transition process, arises as a key strategy to overcoming the logic of traditional linear economy system (take - make - consume - throw away). Its aim is to reduce pressure on the territories and common goods through the incorporation of sustainability criteria to supply chains, by promoting a more rational management of the mineral resources extracted.However, this way of understanding circular economy, linked to minerals for energy transition, is also supported by the expansion of extractivism, especially in the Global South. This comes as a result since decarbonization options requires a huge amounts of minerals for energy storage, and these are extracted at the cost of high environmental and social impacts that threatens the resilience of the ecosystems from where they are extracted posing a risk to the populations that inhabit them.Taking into account these limitations, a circular economy proposal, from the perspective of Latin American extraction zones and applied to transition minerals, should contribute to guarantee that changes in the energy mix towards technologies with fewer Greenhouse effect emissions (widely known as energy transition), be truly just throughout all the stages of the process. This implies avoiding the creation, expansion and/or deepening of sacrifice zones, as well as ensuring environmental restoration, guaranteeing compliance with human rights as well as reparation of those rights that have been violated. Furthermore, it should take into account the biophysical boundaries and resilience capacity of the environments.   Read and download

Motagua River: A story of contamination and a call for justice

The Motagua River, Guatemala's largest river, is severely polluted with sewage, solid waste, and other types of waste.It flows into the Caribbean Sea, so contamination reaches those waters, as well as the Mesoamerican Barrier Reef System - the world's largest transboundary reef - and the Honduran coast, causing unquantifiable social and environmental damage.Polluting activities occur throughout the river basin, including sub-basins and micro-basins.In general terms, the contamination has deteriorated the health and violated the right to water, development and a healthy environment of all the people living in the basin.The contamination of the Motagua is a problem that has been going on for decades and requires urgent long-term measures that contribute to the sanitation and integrated management of the river basin.Where is the Motagua River?The Motagua River is one of the main rivers in Guatemala. With a length of 486 km, it crosses 96 municipalities and 14 departments of the country. It originates in Quiché, a department located in the northwest, and flows into the Caribbean Sea.It is at its mouth that its flow meets the Mesoamerican Reef, which extends for approximately 1,000 km and covers the territorial waters of Belize, Guatemala, Honduras and Mexico. Thus, the pollution carried by the river deteriorates the health of the reef system, which is home to the second longest barrier reef in the world.The Mesoamerican Reef protects thousands of kilometers of coastline from currents, waves and storms. In addition to being a breeding and feeding ground for a great diversity of species, it is a carbon dioxide sink and a detoxifier of water and air. The ecological and economic health of the entire South Atlantic area depends on its conservation.In addition, pollution from the Motagua River reaches the coast of Honduras and spreads to Amatique Bay, located along the eastern coast of Guatemala and Belize. This is clearly a transboundary problem.Where does the pollution in of the Motagua River come from?The largest volume of contamination of the Motagua River comes from Guatemala City, the capital of the country, mainly through the waters of the Las Vacas River, which receives a large amount of solid waste from the Chinautla River, as well as sewage that is discharged into its waters on a daily basis.Solid waste from the Chinautla River, which flows through the municipality of the same name, comes from a landfill located in Zone 3 of the capital. Any small landslide in this landfill generates waste that is automatically dumped into the river at any time of the year.The pollution that the Chinautla river carries also consists of a large amount of sewage, generated by at least 500,000 people living in the northern part of Guatemala City, which does not receive any previous cleaning treatment.In the municipality of Chinautla there are numerous illegal landfills. In addition, many private vehicles and collection trucks dump waste on the banks of the Chinautla and Las Vacas rivers.According to data from the Integrated Environmental Management of the Motagua River Basin project, financed by the United Nations Development Program (UNDP), it is estimated that 66% of urban solid waste in Guatemala is not collected and there is no guarantee that the remaining 34% is properly disposed of. In addition, of the total number of landfills in the country, 88.32% are illegal or do not have municipal authorization.Most of the waste is dumped in streams and/or on surfaces that are susceptible to dragging, ending up in one way or another in water sources, such as the Motagua basin.In other words, the main source of contamination of the Motagua River is the poor management of solid waste and water resources in the country; the lack of compliance with existing regulations on wastewater discharge, disposal and treatment of waste and solid waste; as well as the lack of a water law.Who is affected by the contamination of the Motagua River?The contamination of the Motagua River affects the entire population of Guatemala. In the lower basin, it directly affects people dedicated to fishing, who have seen their catches reduced.And, by harming tourism in the Caribbean, it also affects the communities that depend on tourism for their livelihoods.As a basin-wide problem, the contamination of the Motagua affects those living in the main sub-basins and micro-basins of the river, including the indigenous communities of the Mayan Poqomam people in the cities of Chuarrancho and Chinautla.In Chinautla, the contamination affects the living conditions, health, environment, water sources, economy and culture of more than 18,000 people.The restoration of the Motagua River is crucial to improve the quality of life of at least 30% of the Guatemalan population, as well as those affected in neighboring countries.Actions to rescue the Motagua River from contaminationIn the face of the serious degradation of Guatemala's largest river basin, the damage to key ecosystems such as the Mesoamerican Reef, and the human rights violations that pollution generates, urgent measures are required, among them:Verify compliance with environmental and municipal regulations, as well as prevent and halt environmental damage at the source through regulation, monitoring, supervision and oversight of activities that affect the rights of the inhabitants of the Motagua River basin.Strengthen regulations related to wastewater disposal and solid waste management so that they are implemented in a timely manner through complete treatment systems in the municipalities of the basin.Initiate actions to enable the socio-environmental restoration of affected ecosystems throughout the basin, including political, legislative and administrative measures to strengthen the legal system and allocate sufficient financial resources to ensure the protection of waters and territories. 

Why is lithium mining in Andean salt flats also called water mining?

By Víctor Quintanilla, David Cañas and Javier Oviedo* According to official figures, approximately 2.2 billion people worldwide lack access to drinking water.Despite this panorama, threats to this common good from overexploitation and pollution are increasing. One such threat is the accelerated extraction of lithium in Latin American countries, driven by corporate and state actors to meet the energy transition needs of the global North.Lithium extraction involves enormous water consumption and loss and is essentially water mining.On the continent, the advance of the lithium industry particularly threatens the salt flats and other Andean wetlands of the Gran Atacama region—located in the ecological region of the Puna, on the border of Argentina, Bolivia and Chile—where more than 53 percent of the mineral’s resources (potentially exploitable material) are located.Lithium mining exacerbates the natural water deficit in the area, threatening not only the salt flats, but also the many forms of life that live there. Where does the water used in lithium mining come from?First, it’s necessary to point out that salt flats are aquatic ecosystems located at the bottom of endorheic or closed basins. There, rivers do not flow into the sea but into the interior of the territory, so the water forms lakes or lagoons often accompanied by salt flats due to evaporation.In the salt flats, freshwater and saltwater usually coexist in a delicate balance that allows life to survive.The regions with salt flats, such as the Gran Atacama, are arid or semi-arid, with high evaporation and low rainfall. There we find freshwater aquifers at the foot of the mountains and brine aquifers in the center of the salt flats, both connected and in equilibrium.Brine is basically water with a high salt content, although the lithium mining industry considers it a mineral to justify its exploitation and minimize the water footprint of its activities.In addition to being essential for life, the waters of the salt flats are a heritage resource because they are very old—up to tens of thousands of years—and have been the livelihood of the indigenous people who have inhabited the Puna for thousands of years.When the mining industry moves into a salt flat, it threatens the natural balance and directly affects the relationship between water and the social environment, as well as the relationship between water and other forms of life.To extract lithium from a salt flat, the traditional procedure is to drill the salt flat, pour the brine into large ponds, wait for the water to evaporate so that the lithium concentration increases, send the lithium concentrate to an industrial plant and subject it to chemical treatment to separate the lithium from other salts and finally obtain lithium carbonate or hydroxide: a raw material used mainly in the manufacture of batteries.The continuous and large-scale extraction of brine from saline aquifers alters the natural balance of groundwater. As a result, areas that were previously filled with brine are emptied, causing freshwater from nearby aquifers to move in and occupy those spaces, becoming salinized in the process.The final processes to extract lithium carbonate and separate it from the rest of the compound also require water, which is drawn from surface or underground sources that also supply local communities.Therefore, the water used in lithium mining comes from:Underground freshwater and brine aquifers.Surface sources such as rivers and vegas (land where water accumulates). Therefore, the inherent risk of lithium mining is the overexploitation of these water sources. How much water does lithium mining use?The extraction of lithium by the methods described above involves an enormous consumption and loss of water, which is not returned to the environment because it completely used up, because its properties change, or because it is simply lost through evaporation.According to scientific data, the average water overconsumption in lithium mining is as follows:150 m3 of fresh water used to produce one ton of lithium.350 m3 of brine per ton of lithium.Between 100 and 1000 m3 of water evaporated per ton of lithium produced. To illustrate the loss of water resources in lithium mining, the water lost to evaporation is equivalent to the total water consumption of the population of Antofagasta (166,000 people) for two years. This Chilean city is located 200 km from the Salar de Atacama, where more than 90 percent of the country's lithium reserves are located.In addition to water depletion, lithium mining can also contaminate the resource by producing wastewater containing toxic substances. Our vital relationship with waterUnlike the mining industry, which sees water as just another resource to be exploited, the indigenous communities living in the area have an ancestral connection to the resource on which their economic and productive activities depend, as well as their customs, traditions and worldview.These communities must now confront the pressures on water from the advance of lithium mining, driven by outside interests.But they are doing so with courage, developing processes of defense of water and territory.Let us learn from them to defend a common good without which no way of life is possible.Learn more about the impacts of lithium mining on Andean salt flats in this StoryMap (in Spanish)Watch the recording of the webinar “Evidence of hyperconsumption of water in lithium extraction and production” (in Spanish) *Víctor Quintanilla is AIDA's Content Coordinator; David Cañas and Javier Oviedo are scientific advisors. 

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. 

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). 

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.  

The ABCs of transition minerals and their role in energy production

By Mayela Sánchez, David Cañas and Javier Oviedo* There is no doubt that we need to move away from fossil fuels to address the climate crisis. But what does it mean to switch to other energy sources?To make a battery or a solar panel, raw materials from nature are also used.Some of these raw materials are minerals which, due to their characteristics and in the context of the energy transition, have been descriptively named transition minerals.What are these minerals, where are they found, and how are they used?Below we answer the most important questions about these mineral resources, because it is crucial to know which natural resources will supply the new energy sources, and to ensure that their extraction respects human rights and planetary limits, so that the energy transition is just. What are transition minerals and why are they called that?They are a group of minerals with a high capacity to store and conduct energy. Because of these properties, they are used in the development of renewable energy technologies, such as solar panels, batteries for electric mobility, or wind turbines.They are so called because they are considered essential for the technological development of renewable energy sources, such as those mentioned above. And in the context of the energy transition, energy sources that use these minerals are the most sought-after to replace fossil energy sources.Transition minerals are also often referred to as "critical" minerals because they are considered strategic to the energy transition. The term "critical" refers to elements that are vital to the economy and national security, but whose supply chain is vulnerable to disruption. This means that transition minerals may be strategic minerals, but not critical in terms of security and the economy.However, given the urgency of climate action, some states and international organizations have classified transition minerals as "critical" minerals in order to promote and facilitate access to these raw materials. What are the most important transition minerals?The most important transition minerals are cobalt, copper, graphite, lithium, nickel and rare earth.But there are at least 19 minerals used in various renewable energy technologies: bauxite, cadmium, cobalt, copper, chromium, tin, gallium, germanium, graphite, indium, lithium, manganese, molybdenum, nickel, selenium, silicon, tellurium, titanium, zinc, and the "rare" earth. What are "rare" earth elements and why are they so called?The "rare" earth elements are the 16 chemical elements of the lanthanoid or lanthanide group, plus Ithrium (Y), whose chemical behavior is virtually the same as that of the lanthanoids.They are Scandium, Ithrium, Lanthanum, Cerium, Praseodymium, Neodymium, Samarium, Europium, Gadolinium, Terbium, Dysprosium, Holmium, Erbium, Tullium, Iterbium and Lutetium.They are so called because when they were discovered in the 18th and 19th centuries, they were less well known than other elements considered similar, such as calcium. But the name is now outdated.Nor does the term "rare" refer to their abundance, because although they are not usually concentrated in deposits that can be exploited (so their mines are few), even the less abundant elements in this group are much more common than gold. What are transition minerals used for? What technologies are based on transition minerals?The uses of transition minerals in the technological development of renewable energy sources are diverse:Solar technologies: bauxite, cadmium, tin, germanium, gallium, indium, selenium, silicon, tellurium, zinc.Electrical installations: copper.Wind energy: bauxite, copper, chromium, manganese, molybdenum, rare earths, zinc.Energy storage: bauxite, cobalt, copper, graphite, lithium, manganese, molybdenum, nickel, rare earths, titanium.Batteries: cobalt, graphite, lithium, manganese, nickel, rare earths. In addition, they are used in a variety of modern technologies, for example in the manufacture of displays, cell phones, computer hard drives and LED lights, among others. Where are transition minerals found?The geography of transition minerals is broad, ranging from China to Canada, from the United States to Australia. But their extraction has been concentrated in countries of the global south.Several Latin American countries are among the top producers of various transition minerals. These materials are found in complex areas rich in biological and cultural diversity, such as the Amazon and the Andean wetlands.Argentina: lithiumBrazil: aluminum, bauxite, lithium, manganese, rare earths, titaniumBolivia: lithiumChile: copper, lithium, molybdenumColombia: nickelMexico: copper, tin, molybdenum, zincPeru: tin, molybdenum, zinc How do transition minerals support the energy transition and decarbonization?Transition minerals are seen as indispensable links in the energy transition to decarbonization, i.e. the shift away from fossil energy sources.But the global interest in these materials also raises questions about the benefits and challenges of mining transition minerals.The issue has become so relevant that last September, the United Nations Panel on Critical Minerals for Energy Transition issued a set of recommendations and principles to ensure equitable, fair and sustainable management of these minerals.In addition, as a result of the intensification and expansion of their extraction in countries of the region, the issue was brought before the Inter-American Commission on Human Rights for the first time on November 15.In a public hearing, representatives of communities and organizations from Argentina, Bolivia, Chile and Colombia, as well as regional organizations, presented information and testimonies on the environmental and social impacts of transition mineral mining.Given the current energy transition process, it is necessary to know where the resources that will enable the technologies to achieve this transition will come from.The extraction and use of transition minerals must avoid imposing disproportionate environmental and social costs on local communities and ecosystems. *Mayela Sánchez is a digital community specialist at AIDA; David Cañas and Javier Oviedo are scientific advisors.Sources consulted:-Olivera, B., Tornel, C., Azamar, A., Minerales críticos para la transición energética. Conflictos y alternativas hacia una transformación socioecológica, Heinrich Böll Foundation Mexico City/Engenera/UAM-Unidad Xochimilco.-Science History Institute Museum & Library, “History and Future of Rare Earth Elements”.-FIMA NGO, Narratives on the extraction of critical minerals for the energy transition: Critiques from environmental and territorial justice.-Haxel, Hedrick & Orris, “Rare Earth-Elements. Critical Resources for High Technology,” 2005.-USGS 2014, “The Rare-Earth elements. Vital to modern technology and lifestyle”, 2014.-Final Report for the Inter-American Commission on Human Rights (IACHR) Thematic Hearing: Minerals for Energy Transition and its Impact on Human Rights in the Americas, 2024.