Indigenous Rights


Textiles tradicionales en un mercado de Chichicastenango, Guatemala.

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

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

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XI Foro Social Panamazónico en Rurrenabaque y San Buenaventura, Bolivia

The Amazon: The complexities and challenges of its protection

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

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Abeja Melipona de Yucatán, México.
Indigenous Rights

Native bees and indigenous peoples: an ancestral bond

Did you know that there are bees native to our continent that have been part of the cosmovision and way of life of various indigenous peoples? The native bees or Melipona beesbelong to the tribe of the Meliponini. They are known as "stingless bees" because they do not have a functional stinger, although they have other defense mechanisms, such as biting. There are dozens of species of these bees found from Mexico to Argentina. In some indigenous communities, native bees are considered spiritual and symbolic beings, but they are also valued for their essential functions in sustaining life: by pollinating crops, they are allies in food production; their honey, wax, and propolis have recognized nutritional and healing properties; and they maintain the balance of nature for the conservation of ecosystems. As part of World Bee Day—celebrated every year on May 20 to raise awareness, promote and encourage actions to protect bees and other pollinators—we would like to highlight the work of some communities that honor and care for native bees in a variety of ways, and in doing so, care for and preserve their own cultures.   A work of mutual care The breeding and use of melipona bees, native to the Americas, is an ancestral practice for several indigenous peoples. This activity, called meliponiculture, is part of their way of life and worldview. The introduction of the domestic bee (Apis mellifera) from Europe drastically reduced this practice. However, many communities have preserved it, protecting native bees from extinction and ensuring biodiversity in their territories. We have examples of this across the continent.   Guatemala The warm forests of Alta Verapaz, Guatemala, are the preferred habitat of native bees and are home to the greatest diversity of bees in the country. Their conservation is in the hands of Q'eqchi Mayan families and small producers who build technological hives or "bee houses."   Peru Through her Sumak Kawsay initiative, Ysabel Calderón is promoting the conservation of native bees by restoring their habitat in Lambayeque, Peru. Calderón has planted more than 1,000 trees in Lambayeque and increased the native bee population. This has also created jobs for a group of women in the region.   Argentina In Argentina's Gran Chaco, Silvia Godoy and other small-scale honey producers are recovering native bee nests in sawmills that have been lost to forestry activities. The colonies are carefully placed in boxes for better conservation and rational use of their honey.   Colombia Yucuna women from the Mirití-Paraná region of Colombia are working to document the origins of native bees in their culture and their importance to the territory and the environment. They are doing this hand in hand with the wise grandmothers and grandfathers of the villages. They collect stories, songs and drawings about bees.   MExico About 20 years ago, Nahua families in Cuetzalan del Progreso, Mexico, began promoting meliponiculture as an ancestral practice that was being lost. Today, honey harvesting benefits the families economically and allows them to protect their territory. And in southeastern Mexico, the Colectivo de Comunidades Mayas de los Chenes has put native bees at the center of its fight against GMOs and agrotoxins. The women's voice and the protection of meliponiculture, a traditional practice and their livelihood, have been key to defending their territory.   SOURCES -S. Engel, M. et al. “Stingless bee classification and biology (Hymenoptera, Apidae): a review, with an updated key to genera and subgenera”, ZooKeys. -Practical guide for the implementation of meliponiculture in the Colombian Amazon, Amazon Conservation Team/The Nature Conservancy, 2020. -Importance of meliponiculture", General Directorate of Natural Resources and Biosecurity. -"Native bees of Mexico. The importance of their conservation", Conacyt.  

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Bandera indígena en una carretera de Jujuy, Argentina
Indigenous Rights, Mining

Argentina: the scramble for lithium threatens the rights of Indigenous Peoples in Jujuy

International civil society organisations with extensive experience in the defence of the environment and human rights present the conclusions of an observation mission to the Argentinian province of Jujuy in August 2023 following the constitutional reform approved in June of the same year, which facilitates lithium extraction. Paris and San Salvador de Jujuy. In a report published today, ten international civil society organisations with extensive experience in human rights and environmental issues warn that the lack of prior consultation of the 11 Indigenous Peoples of Jujuy in the approval process for the reform of the provincial constitution is incompatible with international human rights and environmental standards.The report also denounces that the new Jujuy Constitution authorises productive activities on public lands, which opens the door to the implementation of extractive projects in Indigenous ancestral territories, without guaranteeing prior, free and informed consultation with the communities. It also approves the large-scale use of water, which facilitates the use of an essential resource for the survival of Indigenous Peoples for the exploitation of lithium, an activity with a high water footprint.The constitutional reform process is framed in a context of mining deployment in the high Andean wetlands of Jujuy, whose watersheds are located in the area known by the mining industry as the "lithium triangle", located on the borders of Argentina, Bolivia and Chile. This area is so named because it is the largest, most easily extractable and economically profitable lithium reserve in the world."We denounce the permanent and disproportionate restriction of the right to social protest introduced by the Jujuy constitution - in particular the general prohibition of road and street blockades, which are not only a legitimate form of peaceful demonstration, but are also protected by international law," the organisations point out.The report also highlights the testimonies of victims of police repression, who suffered arbitrary detentions and serious physical injuries caused by the excessive and unjustified use of force. It also documents the cases of protesters who are currently facing arbitrary and disproportionate criminal proceedings for participating in and promoting public demonstrations against the constitutional reform.In light of the findings presented in the report, the organisations:Request compliance with the international obligations of the Argentinian State to guarantee the protection of the collective property of Indigenous communities over their ancestral territories, as well as to guarantee the right to water intended for human consumption and the reproduction of life.Urge the authorities to refrain from promoting regulations that restrict the ways, places or times in which citizens can exercise their right to demonstrate publicly.Make an urgent call to the judiciary to assess, based on a rigorous examination of international human rights standards, the probable unconstitutionality of the approval process for the reform and its contents. Relationship between the events in Jujuy and the reforms promoted by Javier Milei’s governmentThe analysis offered in the report on what happened in Jujuy is especially relevant in the current national context because President Javier Milei’s national government has followed a similar line to the trend observed in Jujuy of promoting reforms that deepen an extractivist model in protected ecosystems of the country. This occurs while eliminating frameworks for the protection of human and environmental rights and facilitating the repression and criminalisation of legitimate protests, as detailed in the report.Through Decree of Necessity and Urgency No. 70/2023, President Milei repealed the Land Law (26.737) on 20th December 2023, eliminating restrictions aimed at preventing land grabbing by foreign investment projects. In addition, the "omnibus" bill proposes to repeal environmental protection laws to facilitate economic activities in ecosystems such as native forests and glaciers.These measures, similar to those implemented in Jujuy, were accompanied by disproportionate restrictions on the exercise of the right to protest. For example, on 14th December 2023, the executive approved the "protocol of anti-picketing action", which considers any demonstration that interrupts or decreases the movement of people a flagrant offence, requiring police intervention. Read the report 

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Salinas Grandes, Argentina
Indigenous Rights, Mining

Lithium Fever: Indigenous Peoples’ Rights Under Attack in Jujuy, Argentina

International Fact-finding Mission Report (21-25 August 2023) Jujuy is one of the 23 autonomous provinces making up the federal state of the Argentine Republic. It is located in the north west of the country, bordering the Plurinational State of Bolivia and the Republic of Chile. According to the official census, it is one of the provinces with the highest percentage of indigenous population in the country.On 20 June 2023, the Jujuy Province approved the modification of 193 of the 212 articles of its Provincial Constitution,1 through a Constitutional Convention that was in session for less than a month.The constitutional reform was the subject of numerous and prolonged citizen protests. During and after its approval, different social sectors in Jujuy criticised the lack of citizen participation and the exclusion of indigenous peoples’ voices in the constitutional process. They also denounced provisions in the new Constitution, which severely restrict the right to protest and undermine the rights of indigenous peoples over their ancestral territories and water sources.Eight international civil society organisations with extensive experience in human rights and environmental rights carried out an international fact-finding mission to Jujuy from 21 to 25 August 2023. Members of the International Federation for Human Rights (FIDH),2 the Interamerican Association for Environmental Defense (AIDA), Brot für die Welt/Bread for the World, the Economic, Social and Cultural Rights Project (ProDESC), the Human Rights Law Centre (HRLC), the Centre for the Study of Law, Justice and Society (Dejusticia), Movement Law Lab (MLL) and the Global Network of Movement Lawyers (GNML) participated in this initiative.The objective of the international fact-finding mission was to document, through fieldwork and access to direct sources, potential violations of human and environmental rights that occurred in the context of the constitutional reform, including the repression and criminalisation of people who participated in and promoted protests against it. To this end, the mission interviewed civil society actors, representatives of indigenous peoples and provincial and national authorities. Meetings took place both in San Salvador de Jujuy, the provincial capital, and in rural communities located in the towns of La Quiaca, Salinas Grandes, Susques, Humahuaca, San Roque and Purmamarca.The international fact-finding mission acknowledges that the Provincial Government of Jujuy, as well as the National Government of the Argentine Republic, offered the necessary guarantees for the visit to take place and provided information on the human rights context, respecting the right to defend human rights. It is also grateful for the trust of the representatives and members of indigenous and rural communities and human rights and environmental defenders, who shared their testimonies with the mission. To all of them, we express our recognition and solidarity with their struggle for human rights.This report contains the main findings of the international mission, based on the field visit, the review of primary and secondary documentary sources and the processing of the information gathered during and after the visit to Jujuy, through interviews with more than one hundred people.   Read and download the report 

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Vista aérea de la Reserva Nacional Kawésqar, Chile

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.

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 membersClaudia 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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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

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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Reserva Nacional Kawésqar, Magallanes, Chile
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 claimsWith 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 areaWithin 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." Press contactVíctor Quintanilla (AIDA), [email protected], +521 5570522107

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