Indigenous Rights

March 16 2016 Large Dams, Human Rights, Indigenous Rights

Belo Monte: the river may be dying but the search for justice never will

“The river is dead!” exclaimed Raimundo as we navigated in his motorboat from Altamira toward the big bend of the Xingu River. From my perch in Raimundo’s boat, it was easy to see how bleak the landscape surrounding Altamira—the northern Brazilian city closest to the construction of the Belo Monte Dam—has become. The big island of Arapujá, located across from Altamira, has been completely deforested, causing a radical change in the currents of the river. Many of the smaller islands, previously inhabited by fishermen, are now completely submerged, only the tops of trees visible above the rising water. I visited Altamira, and the indigenous and riverine communities nearby, with colleagues from Justiça Global. We came to update our case, and to inform those affected by Belo Monte of a new hope for justice: in December, the Inter-American Commission on Human Rights opened the case against Brazil for human rights violations caused by the dam. In January, Norte Energía, the company charged with the construction and operation of Belo Monte, opened the dam’s floodgates without warning communities living downstream. They say the Xingu grew seven meters in just an hour. In some communities, the rising water flooded their riverside land, taking with it canoes, boats and items of clothing. Destroying lives The boat took us to a spot in the river where a large island once stood with a house in the middle. Raimundo Nonato had lived there. He raised animals and dedicated his life to fishing. It had been the perfect place to bathe in the river. It was there, in 2013, that Antonia Melo, leader of Movimento Xingu Vivo Para Siempre, baptized me as a defender of these waters. Now the island is under water, and all that remains to be seen are the tops of some fruit trees. Leoncio Arara, an indigenous man from the community Arara da Volta Grande, says his community lives in fear of the river’s expected growth, the loss of their culture and way of life, and from the recent death of 16 tons of fish. They have seen cracks in the dike of the dam’s bypass channel and fear it will break, as the Fundão mining waste dam did in Minas Gerais. On our tour of the area, we also noticed discolored patches on the dike, which should certainly be a sign of alarm. Leoncio said the fear keeps him up at night. On the indigenous lands of the Arara da Volta Grande and Paquiçamba, the life of inhabitants has changed radically. They must now travel to the city (Altamira) to sell their harvest and to buy food. The changing environment has drastrically reduced opportunities for fishing and hunting, rendering their traditional subsistence lifestyle inadequate. Leoncio says that his peoples’ traditional knowledge and community life are being lost. Their homes are different, as is the formation of their village. Norte Energía has carelessly constructed houses that conflict with their culture, because of the location and materials used. Their community lacks even a well from which to retrieve drinking water, a condition that should have been met more than five years ago. Pain, injustice and struggle On our trip, we spent nine days in the area around the Belo Monte dam. We listened to so many stories of pain and injustice: of indigenous children that died from bad medical care in villages without access to the city; of indigenous people who left their villages to seek shelter in the city and now live in the overcrowded Casa del Indio, surrounded by filth and, often, conflicting ethnic groups. We relived the stories of tireless struggle, like that of Socorro Arara, an indigenous woman whose home was destroyed, along with those of her relatives. Socorro and her family all had to haggle with the company, as if their basic human rights were negotiable. Some received very little money in compensation, others the option of a prefabricated house in a neighborhood far from the river. Socorro’s parents live in one of those neighborhoods. Behind their new cement house, they built a small home with the wood they were able to save from their destroyed home. It is there that they really live, by the light of small kerosene lamps, sleeping in hammocks. Electricity is not part of their lives. Residents of Altamira live surrounded by the ironies of the third largest dam in the world. On February 28, Altamira and various cities in the state of Para were left without electricity. The cutoff, described by the receptionist at our hotel as routine, was due to testing on one of the dam’s turbines. There’s not much time now until the Belo Monte begins operation. If, for the countries of the region, Belo Monte represents the cherished dream of development, for me it represents a nightmare from which I’m dying to awake. It’s a nightmare of pain and human rights violations, in which a beautiful, living river is quickly fading away. Going with it are the lives and the dreams of those who have long depended upon its clean and healthy waters. Human rights are not negotiable. The victims of Belo Monte need justice now! It is that dream of justice that I hope, one day soon, becomes reality. -- I wrote these lines in honor of all the people who have dedicated their lives to defending our rivers and our life.

March 04 2016 Indigenous Rights

Public letter to President of Honduras on the killing of Berta Cáceres

Dear President Juan Orlando Hernández, We, a group of 50+ international organisations, write to express our shock and concern over the recent killing of Berta Cáceres, environmental activist and head of the indigenous rights group COPINH. As you will know, Mrs Cáceres was shot dead by gunmen in the late hours of 2 March 2016. Over the years she had received multiple death threats and attempted kidnappings because of her work defending indigenous Lenca land against the Agua Zarca dam project in Río Blanco. These threats had escalated in recent weeks since construction of the dam had restarted. We demand an independent international investigation into the circumstances around Mrs Cáceres’ death, and guaranteed protection for her family and colleagues. Mrs Cáceres was granted emergency protection measures by the Inter-American Commission on Human Rights because of her acute vulnerability, but she claimed the Honduran state did not fully implement them. We also demand urgent action to protect Gustavo Castro Soto, a Mexican activist who witnessed her assassination, and to ensure his safe passage back to Mexico. Mrs Cáceres’ case is the most high-profile killing within a growing trend in the murder, violence and intimidation of people defending their indigenous land rights in Honduras. Honduras is the world’s most dangerous country per capita to be an environmental or land defender, with at least 109 people killed between 2010 and 2015. Mrs Cáceres’ case has not escaped international attention. In a statement issued in response to her death U.S. Senator Patrick Leahy called on you to find and punish those responsible for “this despicable crime.” Last year, US Senator Barbara Boxer wrote a letter to US Secretary of State John Kerry urging for better protection of environmental defenders in Honduras. This was in direct response to Mrs Cáceres winning the 2015 Goldman Environment Prize – a prestigious award recognizing grassroots environmental activists from around the world. News of her death has generated substantial international media attention. The 50+ international organisations listed below call on the Honduran state to ensure indigenous peoples’ right to their land is respected and that they are able to carry out their legitimate work without fear for their safety.

February 11 2016 Large Dams, Indigenous Rights, Freshwater Sources

Indigenous groups ask Pope Francis to help stop Las Cruces Dam

In a letter delivered to Vatican representatives, indigenous and riverine communities affected by the construction of a dam on Río San Pedro Mezquital asked that the Pope intercede on their behalf before the Mexican government during his visit to the country. They explained that the hydroelectric project would cause serious harm to the environment and human rights. Mexico City, Mexico. On the occasion of Pope Francis’ visit to Mexico, indigenous and riverine communities from Nayarit state wrote a letter asking the Pope to intercede on their behalf before the Mexican government, in hopes of putting a stop to the Las Cruces Dam project on Río San Pedro Mezquital. The project, they explain, puts at risk their culture and way of life, and also threatens Marismas Nacionales, one of the country’s most important wetlands. The letter was delivered to the local headquarters of the Apostolic Nunciature, a diplomatic mission of the Vatican. It reads: … We respectfully solicit that you, Your Holiness, during your visit to our country, intercede on our behalf before President Enrique Peña Nieto, so that his Government stops the human rights violations of all indigenous communities in the name of development, and that it abandon further advancement of the Las Cruces hydroelectric dam because of the human and environmental impacts it will cause. Mexico’s Secretary of the Environment and Renewable Natural Resources (SEMARNAT) has granted environmental permits and water rights for the construction and operation of the dam. “They did so without having guaranteed the right to prior consultation of the indigenous communities affected by the project, which include the Náyeri, Wixárica, Mexicanero and Tepehuano peoples,” explained Sandra Moguel, AIDA attorney. “SEMARNAT authorized the project with the condition that the Secretariat of Energy realize a process of consultation with the indigenous communities, which should have been done before issuing the authorizations.” In their letter, the indigenous communities honor and celebrate Pope Francis’ encyclical, Laudato Sí, in which he recognizes the important contribution indigenous communities can make towards the promotion and protection of culture and natural resources. “The Río San Pedro is not simply part of our lives, but also fundamental to our spirituality,” explained Julián López Cánare, member of the Náyeri Indigenous Council, who delivered the letter. “All of its territory, from its headwaters to its mouth, is a sacred space where we strengthen our identity and values.” This river also feeds Marismas Nacionales, one of Mexico’s most important wetlands. The area is recognized as a Biosphere Reserve and a Wetland of International Importance under the Ramsar Convention, an intergovernmental treaty for the protection of wetland ecosystems. Finally, the indigenous communities explained in their letter that the pressure put on them to agree to the project has escalated to include harassment and illegal detentions by the government. They also cite instances of acts simulating consultation, which would not be valid considering the project has already been authorized. Citing the visions for the future they share with Pope Francis, the letter finished: Your Holiness, hopeful in the power of your intercession, we part here with the passionate hope that your encyclical letter, Laudato Si’, inspires and propels profound changes in politics, practices, and beliefs of governments, businesses, civil society, and the mentality of our fellow man, with hopes of constructing a more just, more humane, and truly sustainable world.

November 25 2015 Human Rights, Indigenous Rights, Freshwater Sources

Brazil authorizes operation of the Belo Monte Dam, disregarding the rights of affected communities

The environmental authority granted the project’s operating license, ignoring evidence of noncompliance with conditions necessary to guarantee the life, health and integrity of indigenous and other affected populations. Altamira, Brazil. The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) today authorized the Belo Monte Dam’s operating license, which allows the dam’s reservoirs to be filled. The authorization was granted despite clear noncompliance with conditions necessary to guarantee the life, health and integrity of affected communities; the same conditions that IBAMA called essential in its technical report of September 22. IBAMA’s decision makes no reference to conditions needed to protect affected indigenous peoples. “We can’t believe it,” said Antonia Melo, leader of Movimiento Xingú Vivo para Siempre, who was displaced by the dam’s construction. “This is a crime. Granting the license for this monster was an irresponsible decision on the part of the government and IBAMA. The president of IBAMA was in Altamira on November 5 and received a large variety of complaints. Everyone – riverside residents, indigenous representatives, fishermen, and members of the movement – talked about the negative impacts we’re living with. And now they grant the license with more conditions, which will only continue to be violated.” In an official letter to IBAMA on November 12, the president of the National Indian Foundation (FUNAI) concluded that conditions necessary for the protection of affected indigenous communities had clearly not been met. However, he gave free reign for the environmental authority to grant the operating license “if deemed appropriate.” “The authorization clearly violates Brazil’s international human rights commitments, especially with respect to the indigenous communities of the Xingú River basin. Those affected populations are protected by precautionary measures granted in 2011 by the Inter-American Commission on Human Rights, which the Brazilian government continues to ignore,” said María José Veramendi, attorney with the Interamerican Association for Environmental Defense (AIDA). The license allows for the filling of two of the dam’s reservoirs on the Xingú River, an Amazon tributary. It is valid for six years and is subject to compliance with certain conditions; progress will be monitored through semiannual reports. Such conditions should have been met before the dam’s license was even considered, let alone granted. “Environmental licensing is a way to mitigate the effects, control damage and minimize the risks that the dam’s operation entails for the community and the environment. By disrespecting and making flexible the licensing procedures, the government is allowing economic interests to prevail and ignoring its duty to protect the public interest,” said Raphaela Lopes, attorney with Justiça Global. AIDA, Justiça Global, and the Para Society of Defense of Human Rights have argued on both national and international levels that the conditions needed for Belo Monte to obtain permission to operate have not been met. The project must still guarantee affected and displaced populations access to essential services such as clean water, sanitation, health services and other basic human rights. “The authorization of Belo Monte, a project involved in widespread corruption scandals, contradicts President Rousseff’s recent statement before the United Nations, in which she declared that Brazil would not tolerate corruption, and would instead aspire to be a country where leaders behave in strict accordance with their duties. We hope that the Brazilian government comes to its senses, and begins to align its actions with its words,” said Astrid Puentes Riaño, co-director of AIDA. The green light for Belo Monte couldn’t have come at a worse moment. On November 5th, two dams impounding mine waste—owned by Samarco, a company jointly overseen by Vale and BHP Billiton—broke in the city of Mariana, Minas Gerais, causing one of the greatest environmental disasters in the country’s history. A slow-moving flood of mud and toxic chemicals wiped out a village, left 11 dead and 12 missing, and affected the water supply of the entire region, destroying flora and fauna for hundreds of miles around. The toxic flood has since reached the sea. The company’s operating licenses had expired two years ago. Approval of Belo Monte’s operating license comes just six days before the start of the Paris climate talks, the most important meeting of the United Nations Framework Convention on Climate Change in recent history. Once in operation, Belo Monte will emit greenhouse gases including carbon dioxide and methane; as the world’s third-largest dam, it will become a significant contributor to climate change. By authorizing Belo Monte, the government of Brazil is sending a terrible message to the world. Ignoring its international commitments to protect human rights and mitigate the effects of climate change, the government is instead providing an example of how energy should not be produced in the 21st Century.

July 13 2015 Freshwater Sources, Human Rights, Indigenous Rights

Belo Monte Dam may begin operations despite noncompliance

The dam has failed to comply with conditions for the protection of the health, integrity and way of life of affected communities. Organizations reiterate the validity of the precautionary measures granted by the Inter-American Commission on Human Rights in favor of the indigenous communities of the Xingú River basin, whose situation of risk has worsened. Altamira, Brazil & Washington, DC – The Belo Monte dam is applying for authorization to begin operations, with construction reported at 70 percent complete. This authorization may happen despite the fact that the project has failed to comply with conditions necessary to protect the health, integrity and way of life of affected communities, including the indigenous peoples of the Xingú river basin. Civil society organizations solicited the Inter-American Commission for Human Rights to maintain the precautionary measures granted in 2011 in favor of the indigenous peoples of the Xingú river basin. They did so as a response to the Brazilian government’s request that the Commission lift the measures, which were authorized to avoid irreparable damage to the rights of the communities. The Interamerican Association for Environmental Defense (AIDA), Justiça Global, the Sociedad Paraense de Defensa de los Derechos Humanos (SDDH) and the Movimiento Xingú Vivo para Siempre (MXPVS) filed the brief on behalf of indigenous and river communities affected by Belo Monte. The organizations argued before the Commission that the social and environmental situation surrounding Belo Monte continues to be serious and urgent, and could cause irreparable damages. Their arguments are based on a recent report by the Socio-Environmental Institute of Brazil (ISA), as well as on official government data that include information from health and indigenous protection authorities and the Public Ministry. The ISA report analyzes in detail the situation of Altamira, Pará—the region where Belo Monte is being constructed—and emphasizes the human rights violations and irregularities of the project. The report warns that necessary conditions do not exist for the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) to grant the project’s operating license. If granted, the license would authorize the filling of the dam, and, thus, the final diversion of the Xingú River. One part of the dam would then begin operation. According to the ISA report, measures to avoid the project’s impacts on health, education and basic sanitation have not been met. This neglect will lead to further damage, such as the fracturing of indigenous communities, saturation of public health services, lower quality education, and greater forest degradation. “The consequences we announced years ago are now a reality,” said Astrid Puentes Riaño, co-director of AIDA. “The filling of the dam, scheduled for the year’s end, will cause the loss of homes and land, and the modification of the traditional lifestyles and livelihoods of Xingú communities. Brazilian authorities and the Commission must act effectively to prevent this disaster.” It is clear that the conditions necessary for Norte Energía, the consortium in charge of the project, to receive the license are not in place. The vice-governor of Pará explained that although the construction is 70 percent complete, only 30 percent of the social and environmental conditions have been met. Similarly, the Attorney of the Republic of Altamira, Thais Santi, said that the consortium is not respecting the protection plan for indigenous lands, the principal condition for the protection of the peoples of the Xingú. The decision on the authorization of Belo Monte must also take into account the recent corruption scandal that has engulfed the project. The investigation Lava Jato, which began a year ago, exposed a massive network of corruption involving the government and Brazil’s largest construction companies. A senior executive, currently in prison on corruption charges, mentioned in his declaration how they had set up and executed bribes for the construction of Belo Monte. The Comptroller General (CGU) thereafter decided to investigate the use of public funds in the project. “The lack of effective control in the execution of the project has made the consequences much worse than anticipated. Giving free reign 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.

June 29 2015 Large Dams, Indigenous Rights, Indigenous Rights

Belo Monte: Determined to achieve justice

By Flavia Amaral, AIDA attorney As construction of the world’s third-largest hydroelectric dam, Belo Monte, moves forward, social impacts and unrest continue. In the coming few months, close to 2,000 families are scheduled to be relocated from their homes in Altamira, on the Xingu River in Brazil, to newly built housing. Last year, another 2,000 families were resettled. The reconfiguring of the region continues to create social ills. The new settlements are far from downtown Altamira, and there is no public transportation. Many new houses are already showing structural problems, and there is little to no basic infrastructure such as health care centers, schools, and sewer treatment facilities. Also, as part of being relocated, a family must agree that they have no complaint or concern with the Belo Monte hydroelectric plant or the company responsible for the construction, a difficult ask for many who are giving up so much. For many indigenous communities, there is an explosion of illegal logging on their lands. Norte Energia,the consortium building Belo Monte, has not implemented required monitoring systems or constructed surveillance stations which would deter the logging. As a result, FUNAI, Brazil’s government agency that oversees Indian rights, reports that the situation is critical, and especially serious for the lands of the indigenous Arara people. Throughout the area, demonstrations continue by those who seek justice, recognition and compensation. Last month, hundreds of farmers held protests demanding land tenure, credit, and improvements to family farming. Two people died after being hit by a car that broke the blockade of protesters. This situation represents the unease, unrest, and violence that permeates the region. Clearly, the construction of Belo Monte has caused enormous impact in the Xingu River Basin – well before it’s operational phase. Four years ago, on the request of AIDA and partner organizations in Brazil, the Inter-American Commission on Human Rights took an important step forward for the people of the region. It requested that the Brazilian government adopt precautionary measures to prevent irreparable damage to the rights of indigenous communities whose cultural integrity and way of life were at risk from the construction of Belo Monte. Clearly, after all these years, these threats remain: Brazil has not honored the precautionary measures. AIDA will continue working until we ensure that the environment and the rights of communities in Brazil’s Xingú River Basin are fully respected. We believe that the Commission still has time to act, and that there is potential for the Brazilian government to reframe its policies and practices to become a global model for equity and justice. Thank you so much for your ongoing support of our work for the people and the environment of the Amazon!

June 01 2015 Human Rights, Indigenous Rights

Independent report finds Dutch and German Development Banks failed to comply with environmental and human rights standards in financing the Barro Blanco Dam in Panama

Indigenous communities and civil society shocked by the banks’ inadequate response to the findings. Kiad, Panama/Amsterdam/Bogota – Last Friday, a long-awaited report by an independent panel found that FMO and DEG, the Dutch and German development banks, violated their own policies by failing to adequately assess the risks to indigenous rights and the environment before approving a US$50 million loan to GENISA, the developer of the Barro Blanco hydroelectric project in Panama. FMO and DEG’s response to the findings, while acknowledging some deficiencies in their assessment, does not commit to any measures to address the outstanding policy violations. Even while the report concludes that “the lenders have not taken the resistance of the affected communities seriously enough,” it appears that FMO and DEG continue to do so. In May 2014, the Movimiento 10 de Abril (M-10), representing indigenous peoples directly affected by the project, with the support of Both ENDS and SOMO, filed the first complaint to the Independent Complaints Mechanism (ICM) of the FMO and DEG. The complaint alleges that the Barro Blanco dam will affect part of the Ngöbe-Buglé indigenous territory, flooding their homes, schools, and religious, archaeological, and cultural sites. Despite national and international human rights obligations, the Panamanian government, GENISA and the banks failed to obtain the free, prior, and informed consent (FPIC) of the Ngöbe-Buglé before the project was approved. The ICM found that the “lenders should have sought greater clarity on whether there was consent to the project from the appropriate indigenous authorities prior to project approval.” “We did not give our consent to this project before it was approved, and it does not have our consent today,” said Manolo Miranda, a representative of the M-10. “We demand that the government, GENISA, and the banks respect our rights and stop this project.” The ICM found that “while the [loan] agreement was reached prior to significant construction, significant issues related to social and environmental impact and, in particular, issues related to the rights of indigenous peoples were not completely assessed prior to the [loan] agreement.” The banks’ failure to identify the potential impacts of the project led to a subsequent failure to require their client to take any action to mitigate those impacts. The environmental and social action plan (ESAP) appended to the loan agreement “contains no provision on land acquisition and resettlement and nothing on biodiversity and natural resources management. Neither does it contain any reference to issues related to cultural heritage.” “This failure constitutes a violation of international standards regarding the obligation to elaborate adequate and comprehensive Environmental and Social Impact Assessments before implementing any development project, in order to guarantee the right to free, prior and informed consent, information and effective participation of the potentially affected community”, explained Ana María Mondragón, lawyer at the Interamerican Association for Environmental Defense (AIDA). While FMO and DEG acknowledged in their official response to the ICM’s report that they “were not fully appraised at credit approval,” they made no further concrete commitments to ensure that the rights of those affected by the dam will be respected. The banks claim that they are “facing limitations in their influence” over government processes to come to a satisfactory agreement with all stakeholders involved. Their actions, however, reveal a different story. In February, the Panamanian government provisionally suspended construction of the Barro Blanco dam. Subsequent to the suspension, the government convened a dialogue table with the Ngöbe-Buglé, with the facilitation of the United Nations, to discuss the future of the project. Rather than supporting the Government of Panama to respect the rights of the Ngöbe-Buglé, FMO and DEG have requested that Panama’s environmental authority reconsider the suspension and allow their client to resume construction. In February, they sent a letter to the Vice President of Panama, expressing their “great concern and consternation” about the suspension and noting that it “may weigh upon future investment decisions, and harm the flow of long-term investments into Panama.” While the banks asserted that their consultants found nothing that would warrant the suspension of the project, they failed to mention that their own independent accountability mechanism was undertaking an investigation of the project. Indeed, by that time, the banks had already seen a draft of the ICM’s report with findings that the project was not in compliance with its own policies. “We were surprised to find out about the role of the banks in influencing the national process, as this is in contradiction to their assertions that they are not in a position to intervene in national decision-making.” said Anouk Franck, senior policy advisor at Both ENDS, based in Amsterdam. “They should now show their commitment in coming to a solution and start taking FPIC seriously, in the case of Barro Blanco, where due to delays in tackling the issue, the banks might need to accept losses on their loan. And they need to find ways to assure themselves FPIC is obtained where relevant, for example through human rights impact assessments.” The handling of the complaint was a lengthy and at times frustrating process. GENISA refused to cooperate with the ICM and provide them with access to project documents, leading the banks to conclude a secret side agreement with GENISA. The secret side agreement superseded the publicly available procedures of the ICM and allowed GENISA to review the draft and final investigation reports before they were shared with complainants. “FMO and DEG are more concerned with protecting the interests of their client than they are with protecting the rights of those affected by the projects they finance,” said Kris Genovese, senior researcher at the Centre for Research on Multinational Corporations (SOMO). “It’s a tragic irony that banks asked the consent of the company to publish the ICM’s investigation report, but didn't ask consent of Ngöbe-Buglé for the project.” The Barro Blanco project was registered under the Clean Development Mechanism, a system under the Kyoto Protocol that allows the crediting of emission reductions from greenhouse gas abatement projects in developing countries. “As climate finance flows are expected to flow through various channels in the future, the lessons of Barro Blanco must be taken very seriously. To prevent that future climate mitigation projects have negative impacts, a strong institutional safeguard system that respects all human rights is required,” said Pierre-Jean Brasier, network coordinator at Carbon Market Watch. “The opportunity to establish such a necessary safeguards system is now, ahead of the Paris agreement, to put the respect of human rights on top of the UNFCCC agenda.” The ICM will monitor the banks’ implementation of corrective actions and recommendations. Meanwhile, the M10 expect FMO and DEG to withdrawal their investment from the project and ask that the Dutch and German governments show a public commitment to ensuring the rights of the affected Ngöbe-Buglé. At the same time, the banks should refrain from putting pressure on the Panamanian government.

April 01 2015 Large Dams, Indigenous Rights, Human Rights

Belo Monte: The Urgency of Effectively Protecting Human Rights

Four years ago this month, the Inter-American Commission on Human Rights took an important step forward for the peoples of the Xingú River Basin. It requested that the Brazilian government adopt precautionary measures to prevent irreparable damage to the rights of indigenous communities along the Amazonian tributary. Their cultural integrity and way of life were, and still are, at risk from the construction of the world’s third-largest dam, Belo Monte. Yet that major victory for those fighting to protect life on the Xingú has been diluted with time. As the decision weakened, so too did confidence in the Commission, an organ of the Organization of American States (OAS) charged with ensuring the protection of human rights on the continent. The Initial Request In November 2010, AIDA and partner organizations in Brazil requested precautionary measures from the Commission in a context of gravity and urgency characterized by: An irregular licensing process. An insufficient Environmental and Social Impact Assessment (ESIA), which contained neither all possible impacts nor the mitigation measures needed to guarantee the communities’ rights, and was not translated into the indigenous languages of the affected populations. The project’s failure to comply with more than 60 social, environmental and indigenous provisions established in the previous license as safeguards for the rights of the affected. Absence of consultation with affected indigenous communities and lack of their free, prior and informed consent. In response, the Commission requested that Brazil immediately suspend construction and all licensing of the dam until the project complied with the following conditions: Undertake consultation processes that are of good faith and culturally appropriate, with the goal of achieving the free, prior, and informed consent of affected communities. Ensure that affected communities have access to the Environmental and Social Impact Statement in an understandable format, which includes translation into indigenous languages. Adopt measures to protect the cultural integrity and way of life of indigenous peoples, including those in voluntary isolation, and to prevent the spread of diseases and epidemics among affected communities. The Response of Brazil and the OAS The Brazilian Government rejected the measures, calling them "precipitous and unwarranted." In response, Brazil withdrew its envoy from the Commission and recalled its ambassador to the OAS. Then, claiming a need for economic austerity, Brazil suspended funding to the Commission and defaulted on its annual compulsory contribution to the OAS. The outlook worsened when the Secretary General of the OAS, José Miguel Insulza, told the BBC: "The Commission makes recommendations. They are never mandatory orders… no country will be violating a treaty if they don’t do what the Commission asks. The Commission has no such binding force." These undermining comments provided several hostile member States with justification for launching a process to "reform" the Inter-American Human Rights System. The controversial process lasted more than two years and, rather than strengthen the Commission, the hostile States actually attempted to undermine its autonomy and weaken its mechanisms. One Step Back On July 29, 2011, just four months after granting the precautionary measures, the Commission modified them. It withdrew its request for suspension of construction and licensing, claiming the fundamental argument had turned into a debate, which went beyond the scope of the precautionary measures, on whether prior consultation had been conducted with the indigenous communities and whether they had given their informed consent for the project. Instead, the Commission requested that Brazil adopt new measures to protect the way of life and personal and cultural integrity of indigenous peoples in voluntary isolation, as well as the health and territory of all affected indigenous communities. This change represented a major setback, not just for the indigenous communities of the Xingú, but also for the thousands of communities throughout the region whose cultural integrity and way of life are at risk from the heedless implementation of projects like Belo Monte. Brazil’s indigenous communities had hoped that the Commission would stand by its decision to suspend the dam, and would protect them while the case – presented in 2011 by AIDA and partner organizations from Brazil – was underway. Up Against Time After four years, Brazil has not only breached the precautionary measures, but has also repeatedly requested that they be lifted. Worse still, the government has allowed construction of the Belo Monte Dam to continue, and the project is now 70 percent complete. A few months ago, the company in charge of construction, Norte Energia S.A., requested the dam’s operating license from the Brazilian Institute of Environment and Natural Resources. Once granted the license, they will begin to fill the dam’s reservoir and, with it, flood a portion of the Amazon half the size of Rio de Janeiro. The Commission has yet to petition the Brazilian government to determine whether or not the project’s authorization included a process of prior consultation This important step remains despite the fact that, when modifying the precautionary measures, the Commission itself noted that the discussion had to happen in the context of a petition. What’s the risk? When the Commission finally makes a decision on the case it may be too late to prevent damages to affected communities. A Major Challenge Although there has been some progress in protecting affected communities as a direct result of the precautionary measures, which the Brazilian government has yet to recognize officially, the process thus far has clearly demonstrated that the Inter-American Human Rights System is imperfect and vulnerable to political pressure. This vulnerability must be overcome. We must focus on building a truly efficient System that works best for its beneficiaries: the victims of human rights abuses. Four years after what seemed like an important victory, Belo Monte has taught us that if we seek to protect human rights in the region effectively, governments must not be allowed to jeopardize the system established for that purpose through political and economic pressure. Due to the realities of the region, many cases like Belo Monte have come, and will continue to come, before the System. While they are not easy to resolve, we mustn’t choose inaction in the face of suffering. In the case of Belo Monte, the Commission still has time to act. It’s our hope that this case will become a model for equitable access to justice. At AIDA, we will continue working until we ensure that the environment and the rights of communities in Brazil’s Xingú River Basin are fully respected.

March 17 2015 Human Rights, Indigenous Rights

Organizations request that the IACHR strengthen State obligations to supervise corporate activities that violate human rights

In a hearing before the Inter-American Commission on Human Rights, they highlighted the opportunities that the Commission has to address the problem through the creation, implementation and strengthening of international standards on business and human rights. Washington D.C. In a hearing before the Inter-American Commission on Human Rights, civil society organizations requested that the Commission provide renewed attention to the problem, increasingly experienced in the hemisphere, of human rights violations committed by corporations. The hearing was jointly requested by the Interamerican Association for Environmental Defense (AIDA), a regional organization; the Association for Human Rights (APRODEH) of Peru; the Center for Human Rights and Environment (CEDHA) of Argentina; and Justiça Global of Brazil. The organizations applauded the Commission’s openness to directly addressing, for the first time, the theme of business and human rights in a public hearing. “Through various mechanisms in recent years, the Commission has received a large amount of information about cases of human rights violations in which corporations have played a central role, but the problem has worsened because of a lack of effective solutions. In this sense, one of the biggest challenges the Commission has is to find ways to address the issue properly and to help both the States and the corporations to fulfill their human rights obligations,” explained Astrid Puentes, co-executive director of AIDA. Through their work, the organizations have seen that most recurrent aspects of the problem include: the impacts of megaprojects and extractive industries on human rights and the environment; difficulties in guaranteeing the right to participation and access to information for affected people and communities; the absence of Human Rights Impact Assessments; systematic violations of labor rights and forced labor practices; the privatization of public security forces to protect business activities; and aggression towards and criminalization of people who defend the environment, their territory and human rights. At the hearing, the organizations reminded that progress has been made in the development international standards on business and human rights. One such example, they explained, is the United Nations Guiding Principles on Business and Human Rights. "However, because compliance is voluntary and there are various legal loopholes, this instrument has not been effective enough to prevent the continuation of human rights abuses. Also, effective regulation of territorial and extraterritorial State obligations regarding the responsibilities of transnational corporations on national, regional and international levels does not exist. This sort of vacuum prevents both the safeguarding of people’s rights, and access to appropriate compensation and justice for victims,” said Alexandra Montgomery of Justiça Global. Looking forward, the organizations presented information about the opportunities the Commission has to strengthen the implementation of existing standards. They emphasized the following points: The Commission should promote corporations’ respect for human rights. This includes promoting State responsibility for adequate supervision of business activities and for establishment of binding obligations for them, since the voluntary nature of the Guiding Principles compromises and puts at risk the protection of human rights. Based on the jurisprudence of the Inter-American Human Rights System in relation to the obligations of States to respect and guarantee human rights, the Commission can develop specific measures for States to supervise business activities to ensure that they do not violate human rights. Respect for human rights by States and companies must not be subject to economic or political considerations. It is necessary to strengthen access to justice for victims of human rights abuses by business actors through recommendations for improvement and implementation of accountability mechanisms and international forums, such as the Commission and the Inter-American Court of Human Rights. “We hope that as a result of the hearing, the Commission initiates dialogues that incorporate the experience of civil society organizations and of United Nations agencies to strengthen the respect of and guarantees for human rights in the region,” concluded Gloria Cano, of APRODEH.

February 10 2015 Indigenous Rights, Human Rights

UN registered Barro Blanco Hydroelectric Dam temporarily suspended over non-compliance with Environmental Impact Assessment

Panama City, Panama and Geneva, Switzerland. In a landmark decision, Panama’s National Environmental Authority (ANAM) temporarily suspended the construction of the Barro Blanco hydroelectric dam yesterday over non-compliance with its Environmental Impact Assessment (EIA). The dam was approved by the UN Clean Development Mechanism (CDM) despite risks of flooding to the territory of the indigenous Ngäbe Bugle communities. With delegates currently meeting in Geneva to draft negotiating text for a new global climate agreement, ANAM’s decision illustrates why the agreement must include human rights protections, including the rights of indigenous peoples. In Geneva, several nations have already insisted on the need for climate measures to respect, protect, promote, and fulfil human rights for all. "Panama has taken a critical first step toward protecting the rights of the Ngäbe communities, which have not been adequately consulted on the Barro Blanco CDM project. But much more work is needed," said Alyssa Johl, Senior Attorney at the Center for International Environmental Law (CIEL). "As an urgent matter, Panama should recognize its obligations to protect human rights in climate actions, such as Barro Blanco, by supporting the call for human rights protections in the UN climate regime." Current climate mechanisms, such as the UN’s Clean Development Mechanism, neither provide incentives for the sustainable implementation of climate actions nor offer recourse in the case of adverse impacts. "The CDM Board approved Barro Blanco when it was clear that the dam would flood the homes of numerous indigenous families. This decision is a warning signal that safeguards must be introduced to protect human rights, including robust stakeholder consultations and a grievance mechanism," said Eva Filzmoser, Director of Carbon Market Watch. ANAM’s decision was triggered by an administrative investigation that found non-compliance with the project’s environmental impact assessment, including shortcomings in the agreements with affected indigenous communities, deficiencies in negotiation processes, the absence of an archaeological management plan for the protection of petroglyphs and other archaeological findings, repeated failures to manage sedimentation and erosion, poor management of solid and hazardous waste, and logging without permission. The Environmental Advocacy Center of Panamá (CIAM) considers it appropriate for ANAM to have taken effective and immediate measures to suspend the project. "This suspension reflects inadequate environmental management on the part of the company that requires an investigation and an exemplary sanction". "During 15 years of opposition to the Barro Blanco project, we have exposed violations of our human rights and irregularities in the environmental proceedings. Those claims were never heard," said Weni Bagama from the Movimiento 10 de Abril (M-10). "Today we are satisfied to see that the national authorities have recognized them and have suspended the project, as a first step towards dialogue. Nevertheless, we continue to uphold the communities’ position that the cancelation of this project is the only way to protect our human rights and our territory. We hope that this sets an example for the international community and for other hydroelectric projects, not only in Panama but worldwide." "Any dialogue between the affected communities, the Government and the company has to be transparent, in good faith, respectful of the communities’ rights, and include guarantees so that the communities can participate equally and the agreements are fully respected," explained María José Veramendi Villa, Senior Attorney at the Interamerican Association for Environmental Defense (AIDA). "In this dialogue, the State must take into account all human rights violations that have been denounced by the communities since the project was approved." Environmental groups around the world are celebrating the suspension of the Barro Blanco Dam, following years of efforts in support of the indigenous populations in the Ngäbe Bugle comarca, which have been faced with oppression and numerous rights violations. Eyes are now watching for the reactions of the banks involved in financing the Barro Blanco project, including the German development bank, DEG, and the Dutch development bank, FMO, against whom the M10 movement, which represents the indigenous communities, had filed a complaint. "We urge the banks to halt disbursement of any remaining funds until all problems are solved and the affected indigenous communities agree to the project," said Kathrin Petz of Urgewald.