Indigenous Rights

Indigenous Rights, Toxic Pollution, Human Rights

NGOs call on Mexico to protect Mayan beekeeping communities affected by cultivation of genetically modified soy

The lives, health, and integrity of indigenous people are threatened by deforestation and contamination of their land caused by the cultivation of genetically modified soy. The situation is worsening because the Mexican government has not adopted effective measures to safeguard the rights of the communities.  Washington D.C., United States. Traditional Mayan beekeeping communities, alongside a coalition of national and international organizations, have denounced the cultivation of genetically modified soy in the Mexican states of Campeche and Yucatan as damaging to the lives, health, and integrity of Mayan people, and to the health of the environment on which they depend.   On July 25, a coalition of organizations filed a complaint on behalf of Mayan communities with the Inter-American Commission on Human Rights (IACHR). The organizations are the Interamerican Association for Environmental Defense (AIDA); Centro Mexicano de Derecho Ambiental (CEMDA); Greenpeace Mexico; Indignación, Promoción y Defensa de los Derechos Humanos, A.C. (Indignación); and Litiga, Organización de Litigio Estratégico de Derechos Humanos A.C. (Litiga OLE). The health and way of life of affected people—especially children, pregnant women, and the elderly—are at increasing risk from deforestation and the use, during planting, of the toxic herbicide glyphosate, which has been proved to contaminate soil and water sources. The crops have been genetically modified to resist the herbicide, which leads growers to apply it in ever greater concentrations. The organizations asked the Commission to grant precautionary measures, an action that would urge the Mexican government to implement actions that protect the rights of communities and effectively halt the cultivation of genetically modified soy in Campeche and Yucatan. Leydy Pech, representative of the Mayan communities, said, “planting genetically modified soy in Mayan territory violates our rights and our culture, which has been passed down to us from our ancestors. Because of the cultivation of soy on our lands, we have lost medicinal plants, vital trees for local bee populations, and animals, and have even seen some of our archeological sites destroyed. This harms our Mayan identity and denies us the possibility of passing that knowledge on to our children; traditional knowledge that allows us to preserve the forest and generate wellbeing for our communities.” AIDA attorney María José Veramendi added, “the Mexican government has an obligation to apply the precautionary principle and take into account the health risks that come with glyphosate and the cultivation of genetically modified soy. By not doing so, the State is failing to comply with its duty to prevent violations of the rights of Mayan communities, who are exposed to the herbicide as it drifts on wind and contaminates water sources.” The affected Mayan communities live in the municipalities of Hopelchén, in the state of Campeche, and Mérida, Tekax and Teabo, in the state of Yucatan. Permits to cultivate genetically modified soy also affect other communities in the seven states of the Mexican Republic. The communities were not consulted, nor did they give their free, prior, and informed consent, before Mexico granted the permits necessary for the cultivation of genetically modified soy in their territory. Under international law, indigenous communities must be guaranteed the right to prior consultation and informed consent. What’s more, the planting has seriously affected traditional beekeeping practices, part of Mayan culture and one of the main sources of livelihood for the communities. In addition to requesting precautionary measures, the organizations filed a petition with the IACHR denouncing violations of the rights to land and communal property, to life and personal integrity, to a healthy environment, to work, and to judicial protection and access to justice. According to the organizations, the State has not taken effective measures to safeguard the rights of affected populations despite their efforts to seek justice in domestic courts. “Although the Mayan communities obtained a favorable ruling from the Second Chamber of the Supreme Court last November, the judgment did not resolve all the human rights violations,” explained Francisco Xavier Martínez Esponda, legal representative of CEMDA. “During the consultation process, authorities neither respect traditional manners of decision-making nor meet Inter-American standards for upholding this fundamental right. Since the Mexican State could not rule on all instances of rights violations or order their rectification, we have now brought the case before the Inter-American Commission on Human Rights.”   

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Human Rights, Indigenous Rights

AIDA condemns threats to environmental defenders in Tolima, Colombia

As a regional organization, we call on the Colombian government to immediately adopt measures to guarantee the life and integrity of at-risk activists. The Interamerican Association for Environmental Defense (AIDA) categorically condemns threats made against the Youth Socio-Environmental Collective of Cajamarca, Colombia (Cosajuca). On July 8, the organization—which forms part of the Environmental Committee of Cajamarca and the Network of Environmental Committees of Tolima—received a document containing death threats, only the most recent of a series of intimidations to which its members have been subject. The urgency of addressing this situation comes light of a larger problem in Colombia and across the region. In their most recent report, the international NGO Global Witness identified Colombia as the third most dangerous country in the world to be an environmental defender; 26 deaths were registered there in 2015. AIDA calls on the government of Colombia to guarantee the life, liberty and physical integrity of the members of Cosajuca. We also urge the establishment of a safe space for these environmental defenders to do their work, and a prompt investigation into the threats made against them. Freedom of expression and association are fundamental to the rule of law and a democratic society. Access to information, participation and the search for environmental justice are legitimate activities protected by the Constitution and the international legal treaties to which Colombia is a party. Cosajuca exercises those rights by promoting a popular referendum against mining contamination in the town of Cajamarca, and the department of Tolima, where large-scale gold mining operations are being planned. The harassment and murder of environmental defenders is pervasive throughout Latin America, which, according to the Global Witness report, is home to two-thirds of the world’s murdered activists and seven of the ten deadliest countries to be an environmental defender.    

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Human Rights, Indigenous Rights

Victims of business-influenced human rights violations face obstacles to achieving justice

The asymmetry of power between companies and affected people, among other factors, makes access to justice difficult in the Americas. Organizations provided detailed information on this problem during a hearing before the Inter-American Commission on Human Rights (IACHR). Santiago, Chile. Across the Americas, people and communities whose human rights have been violated by business activities face obstacles when exercising their right to access justice and achieve reparations for damages done. They are often confronted with criminalization, harassment and threats. Among other reasons, the situation reflects the reality that, in many countries, businesses are not properly controlled and may even receive government incentives to continue operations, despite the fact that they violate human rights. In a hearing before the Inter-American Commission on Human Rights, civil society organizations[1] demonstrated, through emblematic cases in South America, that this is a problem that happens throughout the region. One of these cases occurred in Brazil on November 5, 2015, when a dam of mining waste owned by Samarco burst in the Río Doce basin. The rupture caused the worst socio-environmental disaster in the country’s history: tons of toxic sludge moved down the river, destroying homes, schools, crops and livestock on its slow and deadly path to the Atlantic Ocean. The government and the company have since closed the case on the disaster, after reaching a settlement in which the victims were not even able to participate. “I lived a quiet life. I never would have expected to see what I saw, to witness families destroyed. We need employment, but we need it responsibly, not in a way that ends up killing people. We are asking for help now, because we can’t let these companies do whatever they want. If this Commission can help us, we would be grateful,” said Antonio Gregorio Santos, a victim of the case in Brazil. In the hearing, the organizations also referred to the case of Southern Peaks Mining, financed by the British-owned Barclays Bank, in which they are accused of breaching agreements with Mala communities in Peru. Here the victims found persecution and illegal detention in their search for justice. “We have identified various barriers to access to justice for the victims. Some—such as socio-economic, cultural and linguistic barriers—were identified in the Commission’s Report on indigenous peoples, afro-descendent communities and extractive industries,” said María José Veramendi Villa, attorney at the Inter-American Association for Environmental Defense, one of the petitioning organizations at the hearing. “Many obstacles are exacerbated in disputes with companies due, in large part, to the sharp asymmetry that exists in this relationship, expressed, for example, in political interference on the part of companies and in the lack of adequate independent safeguards for judicial power in many countries of South America.” The organizations requested that the Commission remind the States of their obligation to guarantee access to justice for those who have suffered human rights violations at the hands of companies, and urge them to strengthen domestic legislation accordingly. They also requested that the Commission develop binding standards regarding business and human rights in its rulings on petitions and individual cases—as well as in its thematic reports—in particular with regards to access to redress mechanisms. Finally, they highlighted the work of those who defend human rights against the actions of companies and reminded States that they must provide adequate conditions for their operation.  [1] Interamerican Association for Environmental Defense (AIDA, regional); Centro de Información sobre Empresas y Derechos Humanos (CIEDH, regional); Centro por la Justicia y el Derecho Internacional (CEJIL, regional); Centro de Derechos Humanos y Ambiente (CEDHA, Argentina); Campanha para parar o poder das Corporações (Brasil); Justiça Global (Brasil); Pensamiento y Acción Social (PAS, Colombia); Project on Organizing, Development, Education, and Research (PODER, México); Fundar Centro de Análisis e Investigación A.C (México); Proyecto de Derechos Económicos, Sociales y Culturales (ProDESC, México); Centro Mexicano de Derecho Ambiental (CEMDA, México); Código DH - Comité de Defensa Integral de Derechos Humanos Gobixha (México) y Asociación Pro Derechos Humanos (Perú).  

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Large Dams, Indigenous Rights

Letter to the President of Panama on Test Flooding in Barro Blanco Hydroelectric Project

AIDA and other organizations sent an open letter to Juan Carlos Varela Rodríguez, President of the Republic of Panama. We urge him to protect life and integrity of the Ngäbe communities and to immediately suspend the test flooding in the Barro Blanco Hydroelectric Power Plant Project which is violating their rights and placing them at risk of irreparable harm.  Dear President Varela, We, the undersigned organizations, are deeply concerned for the personal safety and security of the Ngäbe communities, affected by the Barro Blanco Hydroelectric Power Plant Project.  On May 22, Panama’s National Authority for Public Services (ASEP) announced in a press release that Barro Blanco’s reservoir would be filled[1], starting on May 24. ASEP’s press release indicated that the water would rise up to 103 meters above sea level by June 21, 2016. According to a fact finding mission led by the United Nations Development Programme in 2012[2], the Ngäbe communities of Kiad, Nuevo Palomar and Quebrada Caña will be directly impacted by the flooding. This report indicates that 6 hectares + 9816.86 m² of their lands, including 6 houses and a petroglyph located in the community of Quebrada Caña, will be under water. Furthermore, we have received reports from affected community members that floodwaters of the Barro Blanco reservoir have reached the limits of the Bakama Area (Corregimiento) of the Ngäbe-Bugle Territory (Comarca) in Western Panama. At this point, the Ngäbe communities of Quebrada Plata, Quebrada Caña, Kiad and Nuevo Palomar - as well as the Mama Tatda ceremonial sites - could be seriously harmed by the so-called test flooding this week, much ahead of the estimated June 21 peak level announced by ASEP. Contrary to what is stated by ASEP press release, and as confirmed by Milton Henriquez, Minister of Internal Affairs[3], the affected communities were not notified or consulted prior to the test flooding. This goes against international human rights standards, which stipulate that indigenous peoples have the right to consultation and free, prior and informed consent.  As derived from the right to property protected under the American Convention on Human Rights and other agreements, indigenous peoples have also the right to adequate housing, to possess, use, and “freely enjoy” their traditional lands and territories, and to “not be forcibly removed” from them[4]. The Ngäbe communities are determined to stay and defend their sacred lands, regardless of the ongoing flooding. We urge you to protect their life and their integrity and to immediately suspend the test flooding which is violating their rights and placing them at risk of irreparable harm. [1] http://www.panamaamerica.com.pa/economia/asep-anuncia-el-inicio-del-periodo-de-prueba-de-central-hidroelectrica-barro-blanco-1027251   [2] http://canal-empresarias.ciudaddelsaber.org/wp-content/uploads/2015/09/0-informe-mision-verficacion-final-20121219.pdf [3] http://www.mingob.gob.pa/mingob/inside.php?artID=3246 [4] For more information, please see http://www.ciel.org/Publications/BarroBlanco_Appeal_18Feb2014.pdf  

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Large Dams, Indigenous Rights

Correspondence with the World Bank Regarding Berta Cáceres and Large Dams

On May 11th, more than 300 organizations from around the world sent a letter to Dr. Jim Yong Kim, President of the World Bank, to respond to a statement he made during an event at the Union Theological Seminary in New York. In response to a question about the impacts of large dam projects as illustrated by the murder of Berta Cáceres in Honduras he stated, among other things, that “you cannot do the work we’re trying to do and not have some of these ‘incidents’ happen.” The organizations signing this letter consider these statements from the World Bank President unacceptable and urge him to immediately rectify his actions and make a public apology. Dr. Kim’s statement is available on video (minute 53).  CONSULT the letter sent to the World Bank President in ENGLISH and SPANISH.  On May 11th, the World Bank responded to the letter from organizations in a public brief on Honduras and indigenous peoples, which can be found on their website.  On May 13th, a drafting committee from the coalition of organizations answered the World Bank, taking note of the President's condemnation of the murder of Berta Cáceres. The also noted that the reference the President of the World Bank made to the grave human rights violations caused by dams, such a involuntary displacement, is worrying and must be addressed. They reiterated the existence of alternatives to large hydroelectric projects and the need to implement such solutions.  The organizations concluded: "In honor of your commitment to “hear the voices of the Berta Caceres of the world” we look forward to the World Bank Group moving towards energy alternatives that are respectful of the human rights of people and communities; that are more efficient, less expensive and actually respectful of the planet. That is the main way to achieve real prosperity for all."

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Marcelina
Climate Change, Indigenous Rights, Large Dams

Marcelina, the voice of the San Pedro Mezquital

At 57 years old, Marcelina López has a very active life. She sews her own clothes, makes beautiful jewelry, raises chickens, sells eggs, cooks, is a midwife and organizes the women of her community; all while faithfully conserving her traditions, those of the indigenous Wixárika people. Perhaps what distinguishes Marcelina most is her great character and conviction, qualities that have rooted her deeply in a grand cause: the defense of Mexico’s San Pedro Mezquital River, threatened by Las Cruces Dam. At AIDA we’re deeply moved by the commitment of Marcelina and honored to be part of the same fight. Just like her, we want the San Pedro—the only free-flowing river left in the western Sierra Madre Mountains—to run free. We’ve been inspired to know more about this incredible woman, and to understand why she does what she does. Colors of the Sierra Madre Marcelina lives in a house made of mud, built high upon a hill, in a small community in the state of Nayarit. To go anywhere from her house, she has to walk an hour and a half through the mountains. She travels everywhere on foot. There’s no doubt Marcelina is a special woman. Everyone in the region knows her; she is unmistakable. She has the look of a wise indigenous woman, the bright colors of her clothes equal only to those of the beaded necklaces she wears each day. She herself colors the beads; they are a symbol of the importance of her culture. She often wears a head wrap, which gives her an air of certainty and connotes rich ancestral wisdom. Though her profound presence can seem serious, Marcelina is a very sweet and loving person. Over the years, Marcelina has not been immune to violence and machismo, in its many expressions. She has had to fight to have her voice recognized in agrarian assemblies, and, for a time, had to provide for her children as a single mother. Her people, the Wixárika—known in Spanish as the Huicholes—are a majority group in Nayarit. They live in the western central region of Mexico, in the Sierra Madre Mountains; they primarily populate the states of Nayarit and Jalisco, but are also represented in parts of Durange and Zacatecas. In their native tongue, belonging to the family of Uto-Aztecan languages, wixárika means “people.”   For the Wixárika, ceremonies are fundamental to the social wellbeing of the group. It is through these sacred rituals that they ask for rain, give thanks for the harvest, bless its fruits, and pray for health and vitality. Their ceremonies are, in short, where they celebrate and honor life. For Marcelina and her people, the San Pedro Mezquital is the pillar of social, spiritual and economic life. Its waters support their subsistence farming and fishing activities; 14 of their sacred sites are spread along its length. What’s more, the river feeds Marismas Nacionales, one of the most important mangrove forests in all of Mexico. This important source of life and culture is threatened now by the construction of Las Cruces Dam, a project being proposed by the Federal Electricity Commission. The megaproject would be located 65 kilometers north of the city of Tepic. It would have a capacity of 240 MW, divided between three generators. The dam would effectively stand as a 188-meter high concrete curtain. Speaking for the river In her excellent Spanish, accented with clear links to her indigenous roots, Marcelina has on various occasions stood before microphones and cameras to defend the San Pedro River and the lives of those who depend upon it. “The construction of this dam will have a severe impact on our culture and our spirituality. Many of our ceremonial centers are located along this river,” she explained. “It is there that we leave our offerings of thanks; it there that we pray, not just for our own community, but for the entire world.” When asked why she decided to be part of the movement in defense of the San Pedro, Marcelina responded: “As an indigenous women, I’m hurt that they want to take away our river. What’s happening? Why didn’t they consult us indigenous people [about the project]? Where is their respect? Why are we treated this way?” Her questions remain unanswered. The construction of Las Cruces will have negative impacts on the land, its natural resources, and the way of life of the indigenous people who depend upon it. The dam will flood 4,506 hectares; the town of San Blasito, sections of communal land, at least 14 sacred sites, and one ceremonial center, will all be under water. “We are the roots of Mexico,” Marcelina concluded. “It’s not easy for us to change our sacred sites; they’re like a tree rooted deep in the soil. Down these rivers run the blood of our gods.”

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Large Dams, Human Rights, Indigenous Rights

Brazil inaugurated Belo Monte: There’s nothing to celebrate!

The Brazilian government grandly inaugurated the Belo Monte Dam, which sits on the Xingu River in the midst of the Amazon. As an organization that legally represents affected indigenous and riverine communities, as well as residents of the city of Altamira, we consider there to be no reason to celebrate. The dam has been built by overlooking national and international standards that safeguard the environment and human rights.  GET TO KNOW MORE about this injustice through the words of our senior attorney María José Veramendi Villa!    

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Large Dams, Human Rights, Indigenous Rights

Photo Essay: Life in the shadow of Belo Monte

By Anna Miller, AIDA writer Deep in the Amazon in north Brazil, the world’s third largest dam towers over a once lush jungle landscape. In its far-reaching shadow live the indigenous and riverine communities who have long called the region home. They are people who have lived and grown by the bounty of the forest and the Xingu River. For most, the natural world that surrounds them is inseparable from their definition of home. But that home is changing rapidly. As the Belo Monte Dam begins operations, and its floodgates open, their world is looking and feeling very different. Large stretches of jungle have been flooded, islands completely submerged. The fish are dying, the wildlife scared away. Families have been separated, and entire communities forced from their land. The shadow cast by Belo Monte is long, and it is dark. The lifestyle of the people of the Xingu river basin has been drastically changed without their consent. Their basic human rights have been violated time and time again. The operating company’s attempts at compensation would be laughable, if they weren’t so heartbreaking. The photos that follow depict people and communities who are living amid the volatile realities of this once peaceful patch of rainforest. They are victims of the corruption, violence and abuse that have come to envelop the largest engineering project in Brazil’s history.  The Xingu River is dying. Arapujá Island, visible from Altamira, has been completely stripped of life, causing radical change in river currents. Smaller islands where fishermen lived surrounded by fruit trees have been submerged by rising water levels, as the dam’s reservoirs are filled. On one day in January, the Belo Monte dam opened its floodgates without warning; the river is said to have risen more than 20 feet in an hour. Massive amounts of fish have been dying off; locals say Norte Energía even has cleanup crews that bury them, to hide the scale of the daily devastation. Downstream from the dam, the flow of the river at the Big Bend is reducing drastically; the water is becoming muddy and deoxygenated. Communities near and far—from indigenous people to riverine fishermen—are suffering the impacts, as their lives are torn from the river they know so well. As the Xingu dies, they too lose their lives—for the river itself has long been their home, their source of food and livelihood.  The construction of Belo Monte has had severe impacts on the natural world, which has long been the primary food source for jungle communities. Tribes who have lived a subsistence lifestyle are finding the river and the jungle they rely on aren’t producing enough, or are too contaminated, to feed their families. Indigenous people have been driven into the nearest city, Altamira, to meet their basic needs. Some go to buy food or go to the doctor; others have succumbed to the struggle and left their village entirely. Many who come to Altamira stay at Casa Do Indio, a house built as a shelter for the recent influx of indigenous peoples. There, they stay in overcrowded rooms, lacking proper sanitation and endangering their health. Far from their homes, stripped of their dignity, they are confronted with the harsh realities of a violent and overcrowded city.   As the city closest to Belo Monte, Altamira has undergone drastic changes due to the dam’s construction. Since the project began, the city’s population has grown by nearly 75 percent; 170,000 people are currently living in a city designed for far fewer. Violence has skyrocketed and entire neighborhoods have been destroyed, displacing residents and demolishing longtime family homes. Even neighborhoods Norte Energía claimed would be unaffected by the dam are experiencing its impacts. The rapid growth has wreaked havoc on the city’s sewage system. Belo Monte’s operators have implemented no water or sewage treatment solutions whatsoever, and the entire city is suffering from a lack of basic sanitation. As a result, muddied and flooded streets are widespread. People are demanding answers from Brazil’s Environmental Authority, and from Norte Energía. But they’re left with only questions.  The impacts of Belo Monte are not just forcing people from their land; they are tearing people away from each other. As homes are destroyed, and entire villages relocated, the individuals ripped from their lives are struggling to adapt. Communities are losing touch with their traditions; daughters are losing touch with their mothers. Karoline grew up in a rural community surrounded by her family and the rich natural world she remembers so fondly. When her family had to leave their land behind, they didn’t have many options, and were forced to split up. Her parents went to stay with relatives, and Karoline and her sister left for Altamira. Seeking opportunities, education, employment, they too have since parted ways. As a teenager, Karoline is on her own now, far from home.  As a requirement of the project’s implementation, Norte Energía must comply with certain conditions, designed to benefit affected communities. They have been implemented in different forms for different situations, none of which could be described as full, adequate or culturally respectful. The Arara da Volta Grande is one of the communities that will be most impacted by Belo Monte. They live on the Big Bend of the Xingu, where the flow of the river has been substantially reduced. To compensate the community for changes to their way of life, Norte Energía is building them “better” houses. Though still within their territory, the structures are located away from the river. They are made of cement and have thick roofs that trap the jungle heat inside each little box. They are a far cry from the wooden, open, thatch-roofed homes traditional to the Arara’s culture and community. Instead of providing the Arara people with a functioning well to provide clean water, Norte Energía has given the community houses they don’t know how to live in; houses that, each and every day, would pull them further away from where they’ve always been.  When we talk to members of the indigenous and riverine communities surrounding Belo Monte, we listen to the same answers to many of our questions. The dam is disrupting their way of life. It’s cutting them off from the natural world around them. It’s threatening their culture, their traditional knowledge and the very structure of their communities. Leoncio Arara, a traditional healer from the Arara da Volta Grande, says he now lives in fear. Fear of the dam breaking, of the water rushing down and flooding his home and his community; fear of the fish dying, of the clean water drying up; fear of the dissipation of his culture and the disappearance of his people, who have lived on and with this land for generations.  In the once-lush jungle surrounding the massive Belo Monte dam, we see injustice everywhere we look. We see displacement and environmental devastation. What we don’t see is accountability. That’s why we've taken the case to the Inter-American System of Human Rights to have Brazil respond on an international level to the allegations of human rights violations stemming from the construction of the Belo Monte Dam. We’re dedicated to this struggle and we won’t rest until the people we represent, and all those whose lives have been affected by Belo Monte, see justice.  

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Indigenous Rights, Large Dams

Brazil mega-dam ‘disaster’ for tribes as it nears completion

Belo Monte hydroelectric plant is flouting agreements to protect indigenous communities as its builder seeks approval to start generating power, environmental lawyers have warned. The US$11 billion dam on an Amazonian tributary – set to be the third-largest producer of hydropower globally – has met just 30% of the social and environmental conditions set by government, said AIDA Americas. “It is clear that the conditions necessary for Norte Energia, the consortium in charge of the project, to receive the licence are not in place,” said a statement on Monday. The dam is 70% built. Brazil’s largest infrastructure work will divert the Xingu River, forcing the relocation of 2,000 families as pristine rainforest is flooded. Federal prosecutors have recommended the relocation be suspended. Environmental groups have petitioned the Inter-American Commission on Human Rights to oppose the government’s granting of a license, on the basis it could destroy tribes’ means of survival. “Giving free rein of operation to the dam at this time would mean completely shutting down the options available to avoid major social and humanitarian disasters in the region,” said Sandy Faidherb of SDDH, a local activist group which filed on behalf of the affected communities. The government has said Belo Monte will supply Brazilians with clean energy and develop the country’s economy. The dam has been designed to minimise damage, and will flood less than half – 478 sq km in 28-mini reservoirs – of the area affected by the Brazil’s largest Itaipu hydroplant, the Guardian reported. That comes at a cost to power output, as not shutting off entirely the river means the plant will work on average at barely 40% of its 11,200 MW capacity. The Xingu River basin in Para state is a “living symbol of Brazil’s cultural and biological diversity,” home to 25,000 indigenous people from 40 ethnic groups,according to Amazon Watch. Wildlife populations have drastically declined at another dam, Balbina, built in the 1980s, after a 3,500-island archipelago slashed habitat to roam and exposed the likes of tortoises and gamebirds to wind and wildfires.

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Indigenous Rights, Human Rights

Losing Berta Cáceres: the breaking point in the struggle against impunity

It’s been one month since the assassination of Berta Cáceres, tireless defender of the environment and human rights in Honduras. Her murder quickly gave birth to a global movement calling for justice. It has become a turning point for human rights and environmental defenders and, especially, in the fight for the rights of women and indigenous peoples in Latin America. For that, March 3 will never be forgotten. There aren’t enough words to describe adequately who Berta was, and who she will always be in our memories. She represented what it meant to be a woman, an indigenous person, an environmentalist, a mother, a daughter, a sister, a colleague and a friend. As the BBC said, she’s the Honduran woman who twisted the arm of China and the World Bank; her work led to the withdrawal of their funding for Agua Zarca, the dam Berta was so passionately fighting against.   For all that she did, and all that she was, the loss of Berta has severely hurt us all. In a matter of hours, her death caused an unprecedented global outcry. Thousands of organizations, institutions and individuals from around the world have been speaking out against her murder and loudly demanding justice.   Point of no return Ironically, the night Berta was murdered, I watched Selma, a film that narrates a key moment in the Civil Rights Movement. Fifty-one years ago, on March 7, 1965, a voting rights march that left Selma toward Montgomery, Alabama was violently repressed. That senseless act of violence became the catalyst for the passage of the Voting Rights Act, which aimed to overcome legal barriers that prevented African Americans from exercising their right to vote. Similarly, we must make Berta’s murder the catalyst that breaks the systematic impunity of cases like this, in Honduras and throughout the region. It’s time to ensure that our indignation, and the demands for justice and investigation made by countless organizations and international authorities, will have an impact. Like Alabama in 1965, Honduras has endured years of systematic human rights violations, linked in large part to infrastructure and mining projects. Just days before her death, Berta and COPINH, the organization she directed, reported threats received for their opposition to the Agua Zarca Dam project. It had been years since the Inter-American Commission on Human Rights first granted precautionary measures to protect Berta’s life, with which the Honduran government failed to comply.  After Berta’s murder, on March 5, due to the gravity of the situation the Commission authorized precautionary measures to protect Berta’s family, her colleagues at COPINH, and Gustavo Castro, the sole witness to her death. But days later Néstor García, another member of COPINH, was also assassinated. Then, Gustavo was prevented from returning home to Mexico despite cooperating with the investigation, and despite his ability to continue doing so under the Treaty of Judicial Cooperation between Mexico and Honduras. Members of COPINH and Berta’s relatives continue to report new threats. Many international officials—including the Organization of American States, the Office of the United Nations High Commissioner for Human Rights, UN special rapporteurs, and members of the Congresses of the United States, Costa Rica and the European Union—have also demanded an objective investigation into Berta’s murder. Despite public outcry, little progress has been made thus far, evidenced by the lack of response from the Honduran government and conclusions drawn by an international observation mission. The situation in Honduras reflects the alarming reality of human rights in Latin America, particularly there and in Brazil, Colombia, Mexico and Peru. Multiple reports conclude that the region is under fire. Those who fight to protect their rights, their land, and the environment are risking their freedom, their integrity, and even their lives.  Irresponsible businesses and financing Berta’s murder also underscores the responsibility of companies, financial institutions and others involved in the Agua Zarca Dam project. The project’s outright threats to the environment and human rights have been reported for many years. Those threats are the reason the World Bank and Sinohydro pulled out of the project in 2014. The FMO of Holland and Finn Fund of Finland also withdrew their support on March 16, after the assassination of Néstor García. The Central American Bank for Economic Integration (CABEI) froze funding to the project a few days ago. The situation surrounding Berta’s death clearly demonstrates one reason large dams are a bad energy solution—they create severe socioenvironmental impacts. Honduras, like the rest of Latin America, has options to produce energy in ways that truly promote development and reduce poverty. It’s time to learn from the mistakes of the past and move into the 21st century by implementing sustainable energy alternatives. The shocking loss of Berta, the uncertain situation of Gustavo and members of COPINH… it all reminds me of the words of a friend, a journalist who was driven out of his own country for what he wrote. He said that extractive industries, including large dams, are the banana republics of our century. I think he’s right. In Latin America, the uncontrolled extraction of natural resources today is akin to the reign of dictators in the 1960s.  We cannot afford to let this happen again. This time will be different. What happened in Honduras must be a watershed moment—a time, finally, to enforce international standards for human rights and the environment. In Berta’s case, there must be an immediate, effective and independent investigation. It should acknowledge the responsibility of the companies involved with Agua Zarca. The hydroelectric project itself should be analyzed to find suitable alternatives. Honduras and all the States involved should implement corrective measures to ensure that what happened to Berta and Néstor does not happen again. Those of us who worked with Berta, who share her passions and principles, will continue to demand justice. Every country in the Americas needs and deserves it.  

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