Indigenous Rights

Vista aérea de la Reserva Nacional Kawésqar, Chile
Indigenous Rights, Oceans, Human Rights

The Kawésqar people and the defense of their "maritorio" in Chile

By Liliana Ávila and Cristina Lux*   A little over a month ago, the community Kawésqar Grupos Familiares Nómades del Mar sent us a very special invitation. The appointment was near the sea, near their territory, or more precisely, near their "maritorio", a place of islands, islets and archipelagos. There, the borders between sea and land are blurred and the trees grow sideways, adapted to the strong winds. The maritorio is a concept and also a way of inhabiting and understanding the world. It evokes the image of "territory", but seen from and in the sea. As a concept, it emerged in the context of what is known as nisology, or the study of islands. The place we visited is located in the fjords of Magallanes, the southernmost region of Chile, about two hours from Punta Arenas, the regional capital. The Kawésqar people tell us that less than a century ago, this maritorio was their home. There, their grandfathers and grandmothers sailed among the fjords, built their canoes, fished and dived. They went into the icy sea without special neoprene suits, protected with sea lion oil, and there they learned the secrets that its depths held. In the midst of fjords, winds and intense climates, these people developed their own systems of thought and life. But the lives of the Kawésqar have changed radically in recent decades. They tell us so.  The vast territory that previous generations inhabited for centuries is now enclosed. The process of eradication has been accompanied by the commercialization of the land, the creation of extensive pastures and, more recently, the development and expansion of the salmon farming industry. Industrial salmon production has serious and lasting impacts on marine ecosystems. The communities of Kawésqar are well aware of this.  Salmon is an exotic and carnivorous species for Chile, raised in huge farms: hectares of cages in the sea. The introduction of exotic species (which threaten native species), the excessive use of antibiotics, salmon escapes, the generation of waste, the treatment of large quantities of dead salmon, the excessive discharge of organic matter into the sea, and the generation of anaerobic environments (total or partial loss of oxygen necessary for life to thrive) are just some of the impacts of salmon farming in Chile. These impacts not only accumulate in the waters and on the seabed, but also penetrate the lives of the Kawésqar communities. The maritorio that their grandfathers and grandmothers sailed is now a desecrated space. The processes of reconstructing their identity, the appropriation of sacred places and the rites that are part of their collective memory have been affected by the development of an industry that sees the sea only as a space of economic exploitation and not as the sacred place where, in the not so distant past, men and women developed their worldviews and ways of life. Despite everything, the Kawésqar are a living people who meet, who gather around the sea and discuss strategies to rebuild their cultural fabric. They also come together to honor their grandfathers and grandmothers, to activate the genetic memory that connects them to the sea, to dive into its waters and fight for a salmon-free sea and for a country that recognizes the cultural diversity that runs through its history. We also connect with the legacy of the Kawésqar. Swimming with people from the community in these seas that have been navigated for thousands of years allowed us to look out a window that blurs the present and shows us alternatives. A present that allows life and coexistence with the sea, its ecosystems and its balance. Their struggle— supported by AIDA, the NGO FIMA, Greenpeace and many other organizations— has borne fruit. It has highlighted the impact of salmon farming in Chile and the need to end our dependence on it. But the challenges are still enormous. Salmon farming continues to ravage the seas inside and outside protected areas, in the most remote areas of Patagonia, occupying spaces that were once shared by all the peoples and creatures that inhabited the territory. Meanwhile, the people of Kawésqar continue to travel through their territory —rewarded and lived in and from the sea— identifying and recomposing their history, swimming in the waters that surround them. They do not lose hope of returning to their sea; they to continue to exist in it.   *Liliana Avila is coordinator of AIDA's Human Rights and Environment Program; Cristina Lux is an attorney with the Climate Program.  

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Paisaje de Antofagasta de la Sierra, Argentina.
Indigenous Rights, Mining, Public Participation

Court decision stops new lithium mining projects in Argentine salt flat, sets regional precedent

On March 13, the Supreme Court of Argentina’s Catamarca province ordered a halt on authorizing new lithium mining projects around the Salar del Hombre Muerto, in the department of Antofagasta de la Sierra. The high provincial court established that all projects must comply with the free, prior, and informed consultation of affected communities, thus granting the injunction filed by Román Guitián, Cacique of the Atacameños del Altiplano Indigenous Community. It is one of the most important rulings of recent times regarding care for nature and the protection of the rights of traditional communities. The court ordered the providence’s Ministry of Mining and the Ministry of Water, Energy and Environment to "refrain from granting new authorizations or environmental impact statements with respect to any work or activity" in the area until an environmental impact report with two fundamental characteristics is completed. The first is that it must be "cumulative and integral," covering the entire salt flat and especially the Los Patos River, which is in the same salt flat. The second is that it must consider the total impact of the companies that have applied for water use and extraction permits, and their potential to transform the environment in the same geographical area. Lithium mining in Antofagasta de la Sierra began in 1997 by the multinational company FMC, currently operating as Livent. The local communities denounced that the river and the Trapiche Valley were drying up because of the mining activity. The Alliance for Andean Wetlands (Alianza por los Humedales Andinos) celebrates this achievement of the Atacameños del Altiplano Indigenous Community and the Asamblea PUCARA (Pueblos Catamarqueños en Resistencia y Autodeterminación). The same model of lithium mega-mining that the Catamarca Supreme Court's ruling points to is being reproduced in the Puna region of Chile and Bolivia. In this sense, the sentence is an important precedent for the protection of the environment and affected communities, which should be replicated in all the regions of the continent affected by this extractive model. Governments must take measures to provide the necessary security guarantees for the territorial defense of local communities demanding the fulfillment of their human and environmental rights, both in Argentina and in other countries.   QUOTES FROM ALLIANCE MEMBERS Claudia Velarde, co-coordinator of the Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA) "What happened in Catamarca is a historic milestone for the protection of water, territory and life in Latin America. The Court's decision confirms that the concept of the cumulative impact of an extractive activity is fully valid and a transcendental aspect of environmental management. It also clarifies that any damage to the environment that may result in a violation of the right to life or personal integrity must be considered significant damage. It is a relevant precedent in every sense and a strong message: national and international environmental regulations must be respected, environmental impact assessments must be strategic and cumulative, the right to environmental participation must be guaranteed, and the energy transition must be just."   Ramón Balcázar, executive director of Fundación Tantí and co-coordinator of the Plurinational Observatory of Andean Salt Flats (OPSAL) "This ruling is the result of years of work and shows the importance of articulating knowledge and legal strategies for the defense of territories from a wetland perspective, setting a precedent that should be extended to the entire region for a cumulative assessment of projects, not only lithium, but also metallic mining and the impacts of climate change. Unfortunately, our colleague Román Guitián was the target of death threats after learning of the ruling, in a country like Chile that has ratified the Escazú Agreement.  In this sense, we must categorically reject any form of violence against the defenders of the Andean salt flats, as well as the political advantage that institutions linked to the greenwashing of mining have tried to take from such a complex situation."   Cristian Fernández, coordinator of the Legal Affairs area of Fundación Ambiente y Recursos Naturales (FARN) "The recent ruling of the Court of Justice of Catamarca, ordering the preparation of a "cumulative and integral" environmental impact study for all lithium projects being developed in the Los Patos River basin, and requiring the local government to refrain from issuing any new permits or authorizations for the activity, represents a milestone in the environmental jurisprudence of our country. It consolidates the path started almost 15 years ago by the Supreme Court of Justice of the Nation when, in the "Salas Dino" case, it demanded a cumulative impact study against the deforestation of native forests in Salta. In doing so, the Catamarca Court set a precedent that could be applied to the ecosystem damage suffered by the provinces of Salta and Jujuy due to the cumulative impact of numerous lithium projects in Salinas Grandes and Guayatayoc Lagoon."  

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Large Dams, Indigenous Rights, Mining

Defending the Volta Grande do Xingu in the Brazilian Amazon

"Certain lives exist only in the Xingu River, mine is one of them. And also that of the indigenous and riverine peoples. Can these lives be destroyed?” The question posed by Sara Rodrigues Lima - a local river dweller, fisherman and researcher - highlights the paradox that one of the most biodiverse, ecologically, climatically and culturally important regions in the world is also one of the most affected by socio-environmental impacts. The Volta Grande (or "Big Bend") of the Xingu River, located in the heart of the Brazilian Amazon, is home to a unique ecosystem and is a key region for the conservation of global biodiversity. For centuries, it has been home to indigenous and riverine peoples who have shared ownership of the river and the Amazonian rainforest, providing sources of food, water, identity, culture and mobility, among other things. This link has translated into livelihood systems based on caring for and defending the territory and their own existence, which are now severely threatened. Since 2015, this region has been the target of large extractive projects that threaten the livelihoods and physical and cultural survival of traditional peoples and communities. This has been accompanied by violence against people defending this Amazonian territory. In order to deal with this situation, the affected peoples and civil society have created a network that unites and strengthens their efforts. The Alliance for the Volta Grande do Xingu, formed by social movements and organizations, including AIDA, supports and coordinates actions to defend the region as a living and healthy territory. The coalition has taken the case to the United Nations.   The cumulative impact of two megaprojects One of these projects is the Belo Monte dam, whose construction has caused irreparable environmental damage and human rights violations for several generations. The drought caused by the diversion of the river to generate electricity, as well as the ineffectiveness of the mitigation measures implemented, have led to an ecological and humanitarian collapse in the Volta Grande. Currently, thousands of traditional families are suffering from the death of fish, extinction of fishing, lack of food security, impoverishment, physical and mental illnesses. Another major threat to the region and its traditional inhabitants is the Volta Grande project, where the Canadian company Belo Sun intends to build the largest open-pit gold mine in Brazil. The coexistence of the two projects poses the risk of overlapping areas of direct impact. In this scenario, the potential damage to the environment and to indigenous and riverine peoples will be irreversible. The Belo Sun project is proposed to be built less than 10 kilometers from the Belo Monte dam, on the banks of the Xingu River, in the midst of indigenous lands, protected areas and traditional communities. The magnitude of the synergistic and cumulative impacts of the mine and hydroelectric dam has not been assessed. Also ignored were technical analyses that pointed to the serious impacts of the use of cyanide, the contamination of the river, and the risks of a dam breach that, if it were to occur, would flood 41 kilometers along the river and reach nearby indigenous lands. In addition, the state excluded indigenous peoples, riverine and peasant communities from the environmental licensing process for the mining project. Because they live outside the demarcated indigenous lands or more than 10 kilometers from the project, some indigenous peoples were not considered affected or consulted about the implementation of the project. The lack of consultation and public participation of indigenous and riverine peoples led Brazilian courts to order the suspension of the mining company's operating license.   Violence and threats against human rights defenders The arrival of Belo Sun in the area is a serious intervention in the socio-cultural environment of the Volta Grande do Xingu. The overlapping of the mining project in a territorial polygon inhabited by traditional peoples, rural groups benefiting from the agrarian reform, and artisanal miners has led to community divisions and violence against those who oppose the mine. In the context of the project's development, there have been reports of illegal land purchase and sale contracts to evict rural families, threats to the area's inhabitants by private security companies, and violence against peasants claiming agrarian reform lands acquired by the mining company, which are the subject of legal proceedings. Threats of violence against environmental and human rights defenders have also increased in intensity and severity. Some of them have had to leave the area to protect their lives, and those who remain in the area face constant risks and threats.   Defending the Volta Grande and its people before the United Nations One of the most important actions of the Alliance for the Volta Grande do Xingu has to do with advocacy in the Universal Periodic Review (UPR), a special process of periodic review of the human rights record of the 193 member states of the United Nations. At Canada's fourth UPR cycle in Geneva in August 2023, more than 50 civil society organizations and communities affected by Canadian business activities presented a report highlighting human rights abuses from 37 projects in nine countries in Latin America and the Caribbean, including Belo Sun's Volta Grande project. The document includes recommendations to ensure that states exercise effective environmental oversight that requires human rights due diligence on the part of companies operating in their territories. One of the defenders of the Volta Grande was part of the delegation in Geneva. In addition to denouncing the abuses suffered, he reported on the risks posed by the socio-environmental impact of the Belo Sun project. More than 20 countries and 13 permanent missions and UN agencies took note of the situation in the region. The results of Canada's fourth UPR cycle, released last month, include 34 recommendations directly related to the Alliance's report. Canada has not yet accepted these recommendations, but may do so at the next session of the UN Human Rights Council, which concludes on April 5. As a follow-up to the UPR advocacy, the Alliance submitted reports on the impact of the Belo Sun project to UN Special Rapporteurs. One of them, sent to the Special Rapporteur on Human Rights Defenders of the Inter-American Commission on Human Rights, focuses on the situation of vulnerability and criminalization of human rights defenders. Similarly, the Alliance submitted a report to the UN Committee on Economic, Social and Cultural Rights highlighting the human rights violations committed by Brazil in the Belo Monte and Belo Sun cases, as well as the lack of effective measures to require human rights due diligence by the companies responsible for these projects. Networking in these international spaces to expose the pattern of environmental impacts and human rights violations of extractive economic projects in Amazonian territories has been one of the alliance's strategies of resistance and denunciation. The conservation of the Amazon and the protection of its peoples are incompatible with the large-scale mining planned by Belo Sun.   States have an obligation to prevent serious and irreversible damage to the environment and the population. In the case of Belo Sun, Brazil has the opportunity to avoid repeating the environmental tragedy of Belo Monte and to declare definitively that the mining project is unsustainable from a socio-environmental point of view. The road to these demands and the achievement of these goals will be full of challenges and struggles. But courage and resisting are inherent to those who live in and defend the Amazon. The defense of the Xingu River Basin as a free, vibrant, healthy and safe territory for its peoples and its defenders is an urgent call for social mobilization for the social-ecological protection of one of the world's most important ecosystems.  

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Montones de sal en el salar de Uyuni, Bolivia
Indigenous Rights, Mining, Freshwater Sources

Lithium unveiled: Origins, extraction and environmental implications

One of the paradoxes of the energy transition is that it replaces the use of fossil fuels with mineral resources whose extraction and refining can have negative impacts on ecosystems, species and communities. This is happening with lithium, a mineral that has traditionally been used in glass and ceramics to provide greater adhesion and hardness, but is now being used primarily to make the batteries required by technologies that eliminate or reduce the use of fossil fuels. This has led to an increase in its demand. The serious social and environmental impacts of its extraction have been hidden or minimized.   What makes lithium special? Lithium is a mineral in high demand due to its unique properties: It is the lightest metal with the highest electrochemical potential. It has a high energy storage capacity. It is malleable, so it can be adapted to different sizes, shapes and designs.   These qualities make it a key material in the manufacture of batteries for cell phones, computers and, most importantly, electric vehicles. Lithium is considered key to the energy transition because it can be used to store non-conventional renewable energy, such as wind and photovoltaic power.   Where it is: The so-called "lithium triangle"? The primary sources of lithium are salt flats, which are wetlands covered with a saline crust that contain brines, bodies of water in which many salts and elements, including lithium, are dissolved. Salt flats are attractive to the mining industry because of the relative technical ease of exploitation, low operating costs and low energy requirements to extract lithium from them compared to other sources. Worldwide, the salt flats of Argentina, Bolivia and Chile account for 54 percent of lithium resources (potentially mineable material). In addition, Argentina and Chile hold 46 percent of the world's lithium reserves (the portion of known resources with a high level of confidence and proven economic viability). The mining industry has dubbed the region where the mineral is concentrated the "Lithium Triangle" - because that is all they see there - which includes northeastern Argentina, northern Chile and southern Bolivia. But there is much more than lithium in this region. There are also communities, ecosystems and species that depend on these salt flats. The region's inhabitants are engaged in small-scale ranching and subsistence agriculture, activities that require water, an already scarce resource in these latitudes.   How is lithium mined from the salt flats? The procedure is as follows: The salt flat is drilled. The brine is poured into large pools or basins. Wait for the water to evaporate so that the lithium concentration increases. When the concentration is sufficient, the brine is sent to an industrial plant. The brine is chemically treated to produce lithium carbonate, which is marketed for battery production.   Lithium extraction, especially by this method, involves huge consumption and loss of water because: Water is lost in pumping brine. Evaporation in ponds requires two million liters of water for every ton of lithium produced. Water is also needed in the final processes to obtain lithium carbonate and separate it from the rest of the compound.   Lithium mining is threatening South America's salt flats, which are Andean wetlands, affecting local water availability and threatening the survival of communities and species living around these fragile ecosystems. The energy transition is urgent, but it must be equitable and not at the expense of other natural resource extraction that endangers people and the environment. sources -Maritza Tapia, “Claves del litio: el metal más liviano y con mayor potencial electroquímico”, Universidad de Chile. -Heinrich Böll Stiftung Colombia, “Litio: los costos sociales y ambientales de la transición energética global”. -Florencia Ballarino, “¿Qué es el litio, para qué sirve y de dónde se extrae en la Argentina?”, Chequeado. -Wetlands International, “El impacto de la minería de litio en los Humedales Altoandinos”. -Rodolfo Chisleanchi, “‘Triángulo de litio’: la amenaza a los salares de Bolivia, Chile y Argentina”, Mongabay Latam. -U.S. Geological Survey, Mineral Commodity Summaries, January 2023, “Lithium”.  

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Indigenous Rights, Oceans

5 years of the Kawésqar National Reserve: pending issues for its protection

Local communities denounce that the area is highly affected by salmon farming, which is failing to comply with environmental regulations. On January 30, 2019, the Official Gazette published the decree creating the Kawésqar National Reserve in Magallanes, which extends over 2,842 hectares between fjords and Patagonian peninsulas. The purpose of this classification was to guarantee the protection of the area, its territory and biodiversity, as well as to establish that it is the duty of the State to ensure its conservation. This year, 2024, marks the fifth anniversary of this milestone, which begs the question: is the reserve's objective being achieved? The community's claims With the qualification of National Reserve, this area was separated from the Kawéskar National Park, which offers broader protection. In the opinion of the local communities, this administrative division determines in a whimsical way what to prioritize and separates the land from the sea, as if they were independent elements, which causes "divisions and confusion to grow at all levels," says Eric Huaiquil Caro, a member of the Kawésqar Communities Kawésqar Family Groups Nomads of the Sea. He also says that the "agreements that were made in the indigenous consultation have not been responded to."  Finally, Caro asks that the conservation of this reserve be done "without salmon farms and we hope that this will be established in the Management Plan that will be submitted for consultation in March 2024." An overstressed area Within the Kawésqar National Reserve lie the richest kelp forests in the country, an ecosystem considered key to combating climate change, as they can absorb high levels of carbon dioxide and regenerate marine systems. Although the State must guarantee their protection, the area is experiencing great pressure from the salmon farming industry.  For example, there are 133 approved concessions in the entire Magallanes Region and 85 in process, of which 68 approved and 57 in process are in the Kawésqar National Reserve, "which seems unusual to us because it has been proven that the salmon farming industry is neither sustainable nor compatible with the ecosystemic care of the reserve. This is fundamental to the creation of the Reserve's Management Plan, which is currently being designed and which should establish the incompatibility of the industry within the zone's protection mandate, as documented in the report we have prepared together with the communities," says Cristina Lux, an attorney with the Interamerican Association for Environmental Defense (AIDA). "Forty-three percent of the concessions approved within the Kawésqar National Reserve have presented anaerobic conditions within the framework of their operations, according to information obtained from the Environmental Reports for Aquaculture. This means that they suffer or have suffered total or partial loss of oxygen, which affects the living conditions of all of the area's biodiversity," adds Estefanía González, Campaigns subdirector at Greenpeace Chile. The impact, explains Sofía Barrera , an attorney for FIMA, is "enormous and highly destructive." "To begin with, these farming centers are concentrated in just seven sectors (Staines Peninsula, Taraba Sound, Poca Esperanza Strait and Vlados Channel, Glacier Sound, Skyring Sound, Desolation Island and Xaltegua Gulf), which also concentrates their synergistic effects. Some of these are the impact of boat routes, the killing of sea lions to prevent them from attacking the salmon cages, the overproduction of salmon, the presence of garbage outside the concession polygons and the detection of the ISA virus in the farming centers, which ends up making the rest of the marine ecosystem sick, something that has been recognized by Environmental Courts," adds Barrera.  "In addition, the dispersion of organic matter from the cultivation centers causes eutrophication and harmful algal bloom events (HAB), generating significant changes in water quality and affecting marine life," adds González. In the opinion of the representatives of these three organizations, despite the legal prohibitions and environmental requirements, the fact that many of these projects have been submitted and approved through environmental impact statements raises legal and political questions. "Why are the authorities not ensuring the real care of this area, whose interests are being taken care of, and how is the salmon industry influencing our authorities," asks Barrera. Unfortunately, González adds, when explanations have been requested, "we have not received answers or certainty. That is why it is urgent to advance towards a management plan that really protects this ecosystem and does not allow more centers that put biodiversity at risk."

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Indigenous Rights, Mining, Freshwater Sources

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

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

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Xingu River in the Amazon, Brazil
Freshwater Sources, Human Rights, Indigenous Rights

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

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

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Salinas Grandes, Argentina
Indigenous Rights, Mining, Freshwater Sources

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

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

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Indigenous Rights, Mining

High court orders Colombian government to adopt concrete actions for climate crisis mitigation and adaptation

After evidencing that the Ministry of Environment failed to comply with climate obligations contained in the national legislation, the State Council ordered the entity to take concrete measures to meet these commitments within one year. This is the final decision in the litigation filed by various stakeholders demanding the State to include the climate impact of the coal sector in its climate crisis management.   The State Council ordered the Ministry of Environment and Sustainable Development to adopt, within one year, specific measures to mitigate and adapt to the climate crisis in order to fulfill part of the country's climate commitments. With this ruling, the High Court resolved a compliance action filed on May  of this year by a coalition of civil society organizations, think tanks and universities to require the State to include the impacts of the coal production chain in the climate policy. In the decision, the State Council acknowledges the Ministry's failure to comply with the norms to include climate impacts in projects with environmental management and control instruments, the lack of regulations regarding emissions from the coal sector, and the absence of a report and evaluation of the impact of the implementation of nature-based solutions programs and projects. Although the decision could have been more ambitious by also recognizing other alleged non-compliances that were proved in the litigation, the high court issued four fundamental orders to be complied by the Ministry of Environment: Inclusion of climate change adaptation and mitigation considerations in the environmental management and control instruments of projects, emphasizing the quantification of greenhouse gas (GHG) emissions and the contributions of environmental compensation measures to the Nationally Determined Contributions, submitted by the State to the United Nations Framework Convention on Climate Change. Adopt a national guideline for formulating, developing, monitoring, reporting and evaluating the impact of implementing nature-based solutions programs and projects. This must include climate change management, integration with an ecosystem approach, contributions to the economy, benefits to biodiversity and human communities. Determining the methodologies for calculating direct and indirect emissions that must be reported, the methods, tools, processes and periodicity of reporting on GHG emissions, and the information and documentation required for GHG inventories. Regulation of the conditions for the verification, certification and registration of GHG emissions, emission reductions and removals as well as determination of the follow-up and control procedures foreseen.   Based on the result, this litigation is the first successful case of strategic and climate litigation in the continent, as it was possible to prove that the State failed to comply to specific climate commitments, and has succeeded to order to one of the competent authorities to adopt concrete actions for appropriate climate management. The strategy employed and the precedent achieved can well be replicated in other countries in the region. The enforcement action was filed with the Administrative Court of Cundinamarca by the Interamerican Association for Environmental Defense, the José Alvear Restrepo Lawyers Collective, Censat Agua Viva, Centro de Investigación y Educación Popular, POLEN Transiciones Justas, Universidad de Magdalena and researcher Paola Yanguas. In July, the court issued the first-instance ruling in this case. In it, it issued eight orders requiring not only  the Ministry of Environment—but also the Ministry of Mines and Energy—to comply with Law 1931 of 2018 and Law 2165 of 2021, which set out the minimum actions that Colombia must take to meet its climate commitments at international level. This litigation showed that over the last six years, the government has omitted the obligations contained in these laws, particularly in relation to the climate impact caused by the coal sector. The case was subsequently referred to the State Council, whose final decision confirmed part of the ruling of the Administrative Court of Cundinamarca. As the largest coal exporter in Latin America, Colombia is obliged to include in its climate commitments the true extent of the impact of the coal sector. This was demanded by the communities of La Guajira, which have been directly affected for decades. Although these communities did not sign the litigation, they sponsored it and accompanied its presentation with traditional dance and music. press contact: Víctor Quintanilla-Sangueza (Mexico), AIDA, [email protected], +521 5570522107  

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Paisaje desértico en La Guajira, Colombia.
Indigenous Rights, Mining, Freshwater Sources

Expanding coal mining in Colombia contravenes a just energy transition

Colombia faces numerous challenges related to the just energy transition the world needs. As the main exporter of thermal coal in Latin America, one of its primary challenges is to define the future of this mineral in the country's economic and energy matrices, as well as how to align this sector with its commitments to address the global climate crisis. Certainly, the measures taken to achieve a just energy transition and meet climate commitments must respect and guarantee human rights. The State must do so with a differentiated perspective that respects the most vulnerable groups in society who are most affected by the impacts of the climate crisis and transition processes. As part of a plan to change the energy transition strategy, the current government has proposed to create a roadmap that focuses, among other things, on promoting renewable energy projects from non-conventional sources, among other initiatives. The proposal is based on four principles: equity, social and binding participation, sovereign graduality with reliability, and a principle of knowledge. Although the proposed strategy can be seen as progress towards energy transition and meeting international commitments and standards, it has some gaps: it does not focus sufficiently on fossil fuel substitution and ignores the role and impact of the coal sector in all its phases. The omission of the structural causes of the climate crisis hinders the consolidation of an energy transition, which is now a contested scenario with various claims and interests at stake. A vivid example is the department of La Guajira in the north of the country, where a high potential for renewable energy coincides with the extraction of 35% of exported coal, exacerbating the climate crisis. This has increased the region's already high climate vulnerability and aggravated human rights violations in that territory. The impacts–particularly water stress, desertification, and reduced rainfall—have been so severe that the government has declared a state of economic, social, and environmental emergency in La Guajira, where the El Niño phenomenon is expected to occur with greater intensity and duration than in previous years.   The coal sector’s role in the energy transition process Combating and addressing the climate crisis requires progress in replacing fossil fuels, as well as slowing down the expansion of their extraction and exploitation with the obvious consequence of limiting their use as much as possible. In the countries of the Global South, which are highly dependent on the extraction and commercialization of fossil fuels, the debate has begun on whether and how to move forward with the substitution process. If Colombia is to move forward in meeting its climate commitments and in the process of a just energy transition, it must halt the approval of new thermal coal mining projects, avoid the expansion of existing projects, and initiate responsible exit processes for a gradual closure of mining operations in which rights are guaranteed. The energy transition roadmap should focus on avoiding, as much as possible, human rights impacts (territorial, subsistence, and environmental) on the communities most affected by the impacts of the climate crisis. The goal is to avoid further human rights violations and a lack of protection for the territories traversed by the coal sector's production chain. The debate around the energy transition and the socio-environmental conflicts associated with coal is fully exemplified in the case of the Bruno stream, in La Guajira, with an ongoing legal process. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the company Carbones del Cerrejón (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights of access to water, health and life. The debate about the energy transition and the socio-environmental conflicts associated with coal is exemplified by Bruno Stream in La Guajira, which is the subject of a court case. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the Carbones del Cerrejón company (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights to access to water, health and life.   What just transition does need After analyzing the role of coal in the process of just energy transition in Colombia, it is possible to conclude that the country is not meeting its climate commitments because it has not established specific measures and actions for the coal sector in its climate policy. If Colombia wants to move forward in fossil fuel substitution, climate policy and the energy transition process cannot be separated from the monitoring and decision-making of the relevant authorities regarding specific projects in the coal sector. Climate change management and the energy transition process must recognize the claims of justice, reparation, and non-repetition raised by communities affected by years of coal extraction, such as those in the department of La Guajira. In a just energy transition scenario, progressive, participatory and inclusive processes to end mining - together with the affected communities - must be ensured, aiming to create diversification and conversion scenarios in regions with high dependence on the coal sector. Acting within this framework is desirable and possible.  

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