Indigenous Rights

Inter-American Commission urges Brazil to address damages to indigenous peoples caused by Belo Monte Dam

Following its visit to Brazil, the Inter-American Commission on Human Rights called the attention of authorities and civil society to the urgent need to address repeated violations of the rights of indigenous communities. The Commission highlighted the case of the Mïratu de Paquiçamba community, which has been affected by the construction of the Belo Monte Dam. Rio de Janiero, Brazil. Concluding its visit to the country, the Inter-American Commission on Human Rights (IACHR) urged Brazilian authorities and society in general to recognize, address, and quickly resolve repeated violations of the human rights of indigenous communities. The Commission emphasized the case of the Mïratu indigenous community, affected by the environmental damages caused by the construction of the Belo Monte Dam. In Brazil, indigenous communities “suffer from frequent incidents of violence and lack of attention from public services, in addition to increased difficulties and obstacles surrounding claims to their lands,” said Commissioner Antonia Urrejola Noguera, IACHR Rapporteur for Brazil, while presenting the Commission’s preliminary conclusions. “Brazil has been one of the largest violators of the human rights of indigenous communities. In their meeting with the Commission, the Brazilian Indigenous Communities Organization (APIB) presented these cases and expressed its concern over the current political landscape, in which a discourse of hatred and racism has been growing, even among government institutions,” said Luiz Eloy Terena, APIB’s legal advisor. On November 7, the Commission’s delegation visited Mïratu Village, located in the Paquiçamba indigenous region in the state of Pará. Mïratu is one of the indigenous communities affected by the Belo Monte Dam. It was the first time the Commission visited that area. There, the Commission heard testimonies from indigenous people and fishermen, who are fighting to maintain their traditional way of life despite damages including: the death of thousands of fish; the pollution of the Xingú river; forced displacement from their lands without adequate relocation; and the development of culturally inappropriate projects. Village leaders reported that those damages have disproportionately affected women and children. The Commission also heard from representatives of Altamira, the city nearest the dam. “We’d like to highlight the importance of the Commission’s historic visit to Mïratu Village, and recognize the negative impacts that the Belo Monte Dam has had on the human rights of the people of the Xingu River basin,” said Astrid Puentes Riaño, co-director of the Interamerican Association for Environmental Defense (AIDA). “It is now up to the government of Brazil to adopt the decisions and recommendations of the Commission, complying with the rule of law and protecting the people of their country.” During the visit, those affected by the dam were especially concerned over next year’s scheduled implementation of a plan to manage the flow of the Xingú River. Known as a consensus hydrogram, it would divert the water that indigenous and riverine communities, as well as plants and animals, rely on to survive. “The commissioners had the opportunity to confirm the severity of the impacts and the understand the urgent need to revise the criteria used to define the residual flow that the Xingu must maintain in order to guarantee the subsistence and culture of indigenous and riverine communities in the Vuelta Grande region,” said Bivany Rojas from the Socio-environmental Institute (ISA). In 2011, communities along the Xingu—represented by AIDA, the Paranese Society for the Defense of Human Rights (SDDH), and Justiça Global—filed a complaint against Brazil, bringing the case in front of the Commission. That same year, the Commission granted precautionary measures to affected indigenous communities. The case formally began in December 2015, and participating organizations presented final arguments in May of this year. Based on those and the arguments put forward by the the Brazilian State, the Commission will publish a report concluding whether human rights violations occurred from the construction of the Belo Monte Dam. They may then decide to issue recommendations for Brazil to remedy those damages. Demonstrating progress and a respect for the rights of indigenous communities—in cases like the Xucuru, the Xingu, and Guyraroka peoples—represents an important opportunity to strengthen rule of law and embrace progress in Brazil. press contacts: Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Isabel Harari (Brazil), ISA, [email protected], +5561998261213  

In Xingu management plan, Brazil leaves communities without water

The proposed Xingu River management plan puts at risk the people, plants and animals of the Amazon region. AIDA requested that the Inter-American Commission on Human Rights urge Brazil to stop the plan and establish a socially and environmentally appropriate alternative. Washington, D.C. and Altamira, Brazil. By authorizing the construction of the Belo Monte Dam in the heart of the Amazon, the Brazilian government endorsed a management plan for the flow of the Xingu River that would leave the indigenous and riverine communities of the area without the water they need to survive. The plan is in a testing phase but is expected to be implemented next year, once all the turbines of the hydroelectric plant are installed. The Interamerican Association of Environment Defense (AIDA) sent a report to the Inter-American Commission on Human Rights detailing the serious socio-environmental risks of the plan. In it, we requested that the Commission urge Brazil to stop the plan’s implementation and create an alternative plan that guarantees biodiversity and protects the communities’ ways of life. “The authorized plan for the management of the river’s flow threatens the existence of indigenous and riverine communities, and places at risk of extinction the fish and the forests—natural resources on which the physical and cultural lives of the communities depend,” said Liliana Ávila, Senior AIDA Attorney. The plan, called a consensual hydrogram, establishes the volume of water that will pass through a specific part of the river, called the Vuelta Grande, and the part that will be diverted for energy production. It is intended to artificially reproduce the natural flow of the river in times of flood and drought. Norte Energía, the consortium in charge of the dam, proposes an average minimum flow rate of 4,000 cubic meters per second over the course of a year, and 8,000 cubic meters per second for the following year, beginning in 2019. It proposes a minimum flow rate of 700 cubic meters per second for the dry season. The report sent to the Commission, however, details scientific and social evidence that demonstrates that these water levels are significantly lower than the historical river flow and do not guarantee that fish and alluvial forests can survive the proposed reduction in the short- and medium-term. The evidence—which includes information from both the Brazilian Institute of the Environment and Renewable Natural Resources and community monitoring—also shows that some aquatic species, such as chelonians, can only feed and reproduce with minimum flows of 13,000 cubic meters per second in times of flooding, and that the volume proposed for the dry season could make the river unnavigable. “The management plan did not take into account the monitoring done by the Juruna people in collaboration with the Federal University of the State of Pará and the Socio-environmental Institute (ISA),” said AIDA attorney Marcella Ribeiro. “In 2016, with water levels higher than those proposed, communities were already reporting the mass die-off of fish.” AIDA sent the report to the Commission as part of a formal complaint against the Brazilian State for the human rights violations caused by the dam’s construction. In May, together with partner organizations, we presented our final arguments in the case, evidencing damages already caused, including the forced displacement of indigenous and riverine communities, the massive death of fish, differentiated damages to men and women, and threats to the survival of the communities. Find more information on the case here. press contacts Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Isabel Harari (Brazil), ISA, [email protected], +5561998261213  

Argentina’s approval of fracking wells violates international obligations

The authorization of four fracking wells within the Vaca Muerta shale deposit poses a risk to vital water sources and violates the rights of Mapuche communities. In support of an amparo filed to invalidate the project’s approval, AIDA presented evidence detailing Argentina’s failure to comply with international environmental and human rights obligations. Mendoza, Argentina. Argentina violated international environmental and human rights obligations when it authorized the development of four fracking wells in indigenous territory.  The wells would damage vital water sources and violate the rights of Mapuche communities, AIDA explained in an amicus brief presented before the Supreme Court of Mendoza Province. The brief supports an amparo seeking to invalidate the project’s approval, filed by the Environment and Natural Resources Foundation (FARN, for its initials in Spanish). “Fracking was authorized in Mendoza without any environmental impact assessment,” explained AIDA Attorney Claudia Velarde. “In fact, the project was presented for authorization as ‘infrastructure adaptation’ and the environmental authority granted the permits in a record time of just six days.” The wells are located within Vaca Muerta, the largest non-conventional deposit of shale gas in Latin America.  Mapuche indigenous communities—recognized by the National Institute of Indigenous Affairs—live in the project area and, as such, have the right to prior consultation; operators must receive their free, prior and informed consent for any activity affecting their territory. The energy company El Trebol S.A. failed to recognize that right when assessing the project. As a result, the project’s authorization violates Convention 169 of the International Labor Organization, the United Nations Declaration on the Rights of Indigenous Peoples, and the American Declaration on the Rights of Indigenous People—all international standards recognized by Argentina. “The chemicals used in fracking can contaminate both surface and groundwater, including, in this case, those of the Llancanelo lagoon, a wetland of international importance under the Ramsar Convention, a treaty ratified by the government of Argentina,” said Velarde. “The site is a zone of passage and rest for more than 130 species of resident and migratory birds.” In addition, fracking activities require large amounts of water, while Mendoza has for years suffered from drought, a problem only aggravated by climate change. Finally, the brief emphasizes that there is neither detailed geological data of the zone nor quality information on the dynamics of the groundwater. “Faced with this scientific uncertainty, authorities have an obligation to apply the precautionary principle,” Velarde explained. “An activity as potentially harmful as fracking must be rejected unless those seeking to implement it can prove that it will not cause serious and irreversible damage to the environment.” Press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107  

Guatemalan indigenous communities file complaint for dams’ damages

Affected communities have called on the Inter-American Development Bank to withdraw funding for the Pojom II and San Andrés dams for failure to comply with its operational policies. The mega-projects have damaged water sources and harmed the livelihoods of local indigenous people, particularly women. Washington, D.C.  Indigenous communities affected by Guatemala’s Pojom II and San Andrés dams have called on the Inter-American Development Bank to withdraw its investment in the mega-projects. A complaint filed before the Bank’s independent accountability mechanism explains how the serious social and environmental damages caused by the planning and construction of the dams resulted from the projects’ failure to comply with the Bank’s operational policies. The communities are represented by the Interamerican Association for Environmental Defense (AIDA), the International Platform Against Impunity, and the Plurinational Ancestral Government of Q’anjob’al, Popti, Chuj and Akateko. “The damages caused by the projects’ implementation are the result of non-compliance with the Bank’s operational policies, particularly its policies on environment and sustainability, indigenous people, gender, and information disclosure,” explained Liliana Ávila, AIDA attorney. The complaint details how the dams were authorized without adequate community consultation, and how those affected did not receive sufficient information on the risks. In addition, community members who have peacefully resisted the projects have suffered attacks, threats, and harassment; in 2017, they reported the murder of one local resident, which has yet to be resolved. The construction of the dams has also caused severe environmental damage, including water scarcity and pollution, which have affected local people’s ability to fish, grow food, and maintain their tradition lifestyle. The affected people of the microregion of Ixquisis, in the department of Huehuetenango, are primarily indigenous Mayans including the Chu, Q’anjob’al and Akateko ethnic groups. “The damages from the dams are differentially suffered by women, since they are the primary managers of water use in their homes,” said Anabella Sibrián from the International Platform Against Impunity. “The women of Ixquisis face stigmatization and live in fear of retaliation for their peaceful opposition to the projects.” The Pojom II hydroelectric plant is operated by Generadora San Mateo S.A, while San Andrés is run by Generadora San Andrés S.A. Both are subsidiaries of Promoción y Desarrollos Hídricos S.A., a Guatemalan company.  In 2013, IDB Invest, a private arm of the Inter-American Development Bank, approved loans of up to $9 million USD for the construction of Pojom II and up to $6 million USD for the San Andrés project. “We our hope that the Bank’s accountability mechanism confirms the projects have violated internal policies and thus recommends that IDB Invest withdraw its investment from these harmful mega-dams,” Ávila said. The Ixquisis communities were recently awarded the 2018 Front Line Defenders award for Human Rights Defenders at Risk for their valiant, peaceful struggle to defend their water and their territory. Find more information on the case here. Press Contact Victor Quintanilla (México), AIDA, [email protected], +521 5570522107  

Why we work to protect human rights in Latin America

The attorneys who make up AIDA’s Human Rights and the Environment Program work to protect people and communities whose rights have been violated or are at risk from the degradation of their natural environment. They know that there is an undeniable connection between the full enjoyment of human rights and a healthy environment. Here’s why they do what they do: “I DO IT BECAUSE IT’S IN MY BLOOD.” Astrid Puentes, AIDA Co-Director “I work in defense of the environment and human rights because they are essential aspects of life, and they are linked. I do it because it’s in my blood: my father was a farmer, my grandparents and great-grandparents too. Part of my connection with nature comes from my family; it’s my inheritance.  I’ve always wanted to contribute to making the world better, particularly in my home country of Colombia, which has so many natural resources but also so much social injustice. I dedicated my career as an attorney to helping make my country a better place. When I became a mother, that motivation only grew, and now I feel a great responsibility to do everything I can so that my children will have a better planet.” Early in her career, Astrid helped stop a proposal by the Colombian and United States governments to spray a transgenic fungus on the Amazon, which would have seriously damaged a vital ecosystem that many people depend on. It was the first successful case in which Astrid was directly involved. “I DEFEND HUMAN RIGHTS BECAUSE I BELIEVE THAT DIGNITY AND EQUALITY ARE INALIENABLE RIGHTS.” Liliana Ávila, Senior Attorney “I defend human rights because I believe that dignity and equality are inalienable rights. I believe in the value of differences and in the struggles of those who have not known their rights. These convictions have made me feel indignation, shame, and rage for the way rights human rights have been infringed upon in my country — Colombia — as well as in Latin America and the world at large. I defend human rights because, for me, they are the realization of the human aspiration to build a more just world.”   Last May, Liliana was moved by the story of an indigenous woman in Guatemala whose community depended on a nearby river, which was suffering water shortages due to the construction of a dam. With the water from that river, the woman watered flowers in her garden, which brought her happiness when life made her sad. That story filled Liliana with hope because she knew that, though her work, she could help keep those flowers blooming.  “MY GREATEST MOTIVATION COMES FROM MY AWARENESS OF INEQUALITY AND INJUSTICE.” Daniel Iglesias, Fellow “My greatest motivation comes from my awareness of the inequality and injustice that characterize the modern world, in large part due to the effects of global capitalism. It is our responsibility to fight to eliminate those inequalities. Defending human rights through solidarity and by denouncing injustice is a fundamental way to achieve that goal.”   As a human rights attorney, Daniel come face-to-face with injustices such as indigenous communities being stripped of their land, people deprived of their freedom of expression, and those who have been affected by the damages caused by extractive industries. Those experiences inform Daniel’s work with AIDA in Mexico, and feed his desire to continue working for social and environmental justice in the region. “I GREW UP knowing I HAD RIGHTS.” Marcella Ribeiro, Legal Advisor “I grew up knowing I had rights. I knew I would never lack food or water and that the beach in front of my house in Brazil would never be polluted because I had the right to a healthy environment. But when I learned that people living in favelas and those affected by droughts didn’t know they had rights, and didn’t organize to claim them, I decided to devote myself to fighting so their voices are heard and their humanity is recognized.”   Marcela worked in Brazil’s favelas educating residents about their human rights. Since then, she has understood that social justice will always be possible as long as people are allowed to enjoy their social, cultural, economic and environmental rights.   

Why Brazil must respond for Belo Monte's human rights violations

We did it! We’re proud to say we recently submitted the final arguments in our case against Brazil before the Inter-American Commission on Human Rights. In them, we demonstrate the damages Belo Monte has caused to indigenous and traditional communities, and residents of Altamira, the city closest to the dam. We’re working for them—to bring the government of Brazil to justice. “Human rights violations are a daily occurrence for those of us affected by the dam,” explained Antônia Melo, coordinator of the Movimento Xingu Vivo para Sempre, a citizens’ collective formed in the face of the dam’s implementation. “It’s urgent that our petition before the Commission advance to sanction the government and guarantee our rights.” We argue that the damages to local communities resulted from a severe lack of foresight and inadequate evaluation, as well as from failure to comply with the conditions for operation established by the government. The many risks denounced prior to the dam’s construction have since become long-term damages—many of which have affected men and women, and youth and the elderly, in different ways. Our report documents the displacement of indigenous and traditional communities forced to leave their territories without adequate alternatives, placing their cultural survival at risk. Among the affected populations are communities dedicated to fishing, who have not yet been compensated for the loss of livelihood. The dam has caused mass die-offs of fish and, although authorities have imposed millions in fines, the report demonstrates that the underlying problem has not been resolved. Local communities now have limited use of the Xingu River as a source of food, sustenance, transportation and entertainment. We have also noted—among other serious harms—the disappearance of traditional trades, such as brickmakers and cart drivers, and of traditional cultural practices. Women, for example, have stopped giving birth in their homes and must now go to a hospital, a reality that has drastically worsened due to the oversaturation of health and education services in Altamira caused by the recent population surge. Our case is now in the hands of the Commission. They will prepare their own report, concluding whether or not human rights violations occurred as a result of the Belo Monte Dam. If violations did occur, they may issue recommendations for remediation. If Brazil fails to respond, the case may be referred to the Inter-American Court on Human Rights, which has the power to issue a ruling condemning Brazil. The completion of this report brings us—and, more importantly, the communities we represent—one big step closer to achieving justice for the many wrongs committed in the name of the Belo Monte Dam, and energy development in the Amazon.  

Mayan women’s struggle before the Inter-American Development Bank in Guatemala

The women defending Guatemala’s rivers from large dams

When Maria gets up each morning, the first thing she does is open the tap in her house to see if there’s any water. If there is, she prepares coffee and, within a few hours, food for her family. Her house is alive with plants and animals. Dogs, cats and chickens surround her as she lights the wood stove, carrying her young son on her back. Maria lives in Ixquisis, a region of northwestern Guatemala near the Mexican border, in the department of Huehuetenango. There, water springs from the earth and large rivers like the Pojom and the Negro flow through the mountains. For Maria, the river is a special place. There, she meets with other women and washes clothes, a traditional activity for women in her community, most of whom are indigenous. Each afternoon, as the water flows steadily downstream, they talk about their families, their to-do lists, their joys and their worries. Last month, Maria joined with the other women of Ixquisis to speak about the threats the dams pose to their way of life.  They were part of a workshop AIDA organized in collaboration with Protection International and the International Platform Against Impunity. Maria’s life has changed a lot since they started building the Pojom II and San Andrés dams, and she’s been losing sleep. Before the construction of the dams began, Maria used to fish. By submerging a basket in the river, she gathered—as if by magic—snails, shrimp and small fish. These are riches the river no longer provides. Instead, the once pristine river has become filled with garbage, rubble and other debris. The workers use its water to wash cars and machinery. “One day we will run out of water and we won’t be able to live,” Maria said, echoing the primary fear of the women of Ixquisis. “Our children will suffer.” Their fear is well founded. Many families like Maria’s already suffer from stomach and skin diseases that they associate with water pollution. Before the workshop, the women of Ixquisis hadn’t had the opportunity to speak publicly about the importance of water and the rivers in their lives. They hadn’t been able to explain how their rivers had changed since the dams’ construction began. They had also never been provided with information about the projects. But even without knowing the details of the dams, Maria and her neighbors understood that the water in their homes no longer arrived as cleanly or as regularly as before. Time and again, they have peacefully expressed their opposition to the dams. But their voices have been stigmatized and shaken by fear of reprisal. Before Maria walked calmly through her community, even at night. She now leaves the house in fear. But the people of Ixquisis have the support of people and organizations that work to protect the environment and human rights. The international organization Front Line Defenders, for example, recently awarded them the 2018 Award for Human Rights Defenders at Risk.  One day after the women’s workshop, we organized a second meeting attended by the men of the region. The lack of water has affected their main subsistence activity: the cultivation of bananas, cardamom, vegetables and other products they take to market. Because their harvests have decreased, they must now work more hours to obtain the same profit. I learned a lot from Maria. Her strength, as well as that of all the residents of Ixquisis, comes from her respect for nature and all it offers them. I share that feeling and channel it into my work as an AIDA attorney, legally advising the men and women of Ixquisis on how to defend their territory. I work so that water will continue to flow from their taps, and so that they can one day walk again without fear, in search of a healthier future for their children.  

Brazil must respond to human rights violations caused by the Belo Monte Dam

In representation of communities affected by the Belo Monte Dam, we have submitted final arguments in the case against Brazil before the Inter-American Commission on Human Rights. The report presents scientific evidence of the forced displacement of indigenous and traditional communities, the mass die-off of fish, differentiated harms to men and women, and threats to the survival of local communities in the Brazilian Amazon. Washington, DC, United States and Altamira, Brazil. Furthering the formal complaint against the State of Brazil for human rights violations caused by the construction of the Belo Monte Dam, organizations representing affected communities presented their final arguments before the Inter-American Commission on Human Rights. They demonstrate the damages Belo Monte has caused to indigenous and traditional communities, and residents of Altamira, the city closest to the dam. “Human rights violations are a daily occurence for those affected by the dam, so it’s urgent that our petition before the Commission advance to sanction the government and guarantee our rights,” proclaimed Antônia Melo, coordinator of the Movimiento Xingu Vivo para Siempre, a citizens’ collective formed in the face of the dam’s implementation. The report presented before the Commission shows that the damages resulted from a severe lack of foresight and inadequate evaluation, as well as from failure to comply with the conditions for operation established by the government. The many risks denounced prior to the dam’s construction have since become long-term damages—many of which have affected men and women, and youth and the elderly, in different ways. “This report is a vital step forward for the people of the Xingu River basin, who are now closer than ever to achieving justice, forcing Brazil to respond to the violations committed, and ensuring that what happened on the Xingu never happens again,” said Astrid Puentes Riaño, co-director of the Inter-American Association for Environmental Defense (AIDA). Together with the Paraense Society for Human Rights (SDDH) and Justiça Global, AIDA represents the affected communities before the Commission. The report also documents the displacement of indigenous and traditional communities forced to leave their territories without adequate alternatives, placing their cultural survival at risk. Among the affected populations are communities dedicated to fishing, who have not yet been compensated for the loss of livelihood. The dam has caused mass die-offs of fish and, although authorities have imposed millions in fines, the report demonstrates that the underlying problem has not been resolved. Local communities now have limited use of the Xingu River as a source of food, sustenance, transportation and entertainment. The report also documents—among other serious harms—the disappearance of traditional trades, such as brickmakers and cart drivers, and of traditional cultural practices. Women, for example, have stopped giving birth in their homes and must now go to a hospital, a reality that has drastically worsened due to the oversaturation of health and education services in Altamira caused by the recent population surge. The complaint against Brazil was presented before the Commission in 2011, the year the international organism granted protective measures to indigenous people affected by the dam’s construction. The case against Brazil officially opened in December 2015. Then, last October, in a rare move designed to speed up the processing of the case, the Commission decided to unite two stages that, as a rule, are normally processed separately. Under this framework, the organizations and the State are required to present their final arguments, after which the Commission will make a decision. “We hope the Commission refers the case to the Inter-American Court of Human Rights as soon as possible, and that it recommends Brazil adopt the measures necessary to protect the life, integrity, and right to property of the indigenous and traditional communities affected by the dam,” said Raphaela Lopes, attorney at Justiça Global. “After being subject to all forms of rights violations, starting from the very beginning of this project, these communities need integral reparation; their right to free, prior and informed consent was not honored.” The Commission must now prepare a report to conclude whether or not human rights violations occurred as a result of the Belo Monte Dam, in which it may issue recommendations for remediation. If those recommendations are unfulfilled, the case may be referred to the Inter-American Court on Human Rights, which has the power to issue a ruling condemning Brazil. Belo Monte has been in operation since early 2015, though a series of judicial suspensions resulting from non-compliance with its permits means that construction has yet to be completed. Although Belo Monte has caused great harm to the people of the Xingu, Brazil now has an opportunity to avoid inflicting more damage and begin making efforts to better their quality of life. For that to happen, a prompt decision by the Commission is vital. Find more information about the case here. Press contacts: Víctor Quintanilla (México), AIDA, [email protected], +521 5570522107 Raphaela Lopes (Brasil), Justiça Global, [email protected], + 55 21 99592-7017  

Supporting Mexico’s indigenous communities in their fight against Las Cruces Dam

AIDA filed an amicus brief demonstrating the international environmental and human rights obligations the Mexican government violated by authorizing the controversial hydroelectric project. It was written in support of a lawsuit filed by the Wixárika people of Nayarit, Mexico, whose land and sacred sites would be affected by the dam. Nayarit, Mexico. The Inter-American Association for Environmental Defense (AIDA) presented an amicus brief before the First District Court of Nayarit, demonstrating the international environmental and human rights obligations the Mexican government violated by authorizing the Las Cruces hydroelectric project. The brief supports the writ of amparo filed against the project by members of the Wixárika indigenous community. "When analyzing the project, Mexican authorities failed to adequately consult affected communities and obtain their free, prior, and informed consent. Above all, they failed to respect their rights to self-determination, autonomy, territory and cultural identity, and to a healthy environment," explained AIDA attorney Camilo Thompson. "In addition, authorities overlooked the risks of damage to the San Pedro Mezquital river basin and the ecosystem it feeds: the mangrove forests of Marismas Nacionales, an internationally protected site." The hydroelectric plant, promoted by the Federal Electricity Commission, threatens ceremonial sites on which the spiritual life of the Wixárika, Náyeris-Cora, Tepehuano and Mexicanero people depend. Members of the Wixárika tribe presented the demand for protection (amparo) in mid-2017 against the authorities that endorsed the project—the Ministry of Environment and Natural Resources and the National Water Commission. AIDA’s supporting brief, presented in March, details the international obligations Mexico breached by approving the dam—those contained in the American Convention on Human Rights, the Protocol of San Salvador, Convention 169 of the International Labor Organization on indigenous and tribal peoples in independent countries, the Convention on Biological Diversity, the Ramsar Convention on Wetlands of International Importance, and the United Nations Framework Convention on Climate Change. After the request for protection was filed, the court ordered the suspension of project permits until the legal process has concluded and a decision has been made as to whether those permits are valid. Government authorities have argued that the project must continue because it is in the public interest, and that indigenous peoples can "re-organize their spiritual life in a context modified by the project’s construction." This position ignores the rights of communities, due process, and the environmental threats affecting the public interest. In order to safeguard the rights of affected communities, the court must now continue the legal process, confirm the project’s suspension, and issue the cancellation of all related permits. “The government must maintain the balance between the protection of human rights and the environment, thereby canceling the permits granted to the Las Cruces project and protecting the rights of the affected communities," Thompson said. "In this instance, Mexico has the opportunity to strengthen the global trend towards truly sustainable energy, moving away from large dam projects that emit greenhouse gases and aggravate climate change." Learn more about the case here. Press contact: Camilo Thompson, AIDA attorney, +521 9671302346, [email protected]