Indigenous Rights

Lives of no return: Stories behind the construction of Belo Monte

By María José Veramendi Villa, senior attorney, AIDA, @MaJoVeramendi  When you start the descent by plane to the city of Altamira in Pará, Brazil, the darkness of the night is interrupted by the bright lights of worksites a few kilometers outside the city where construction of the Belo Monte dam is underway. That’s when things turn bleak. On a recent trip to the area I was able to see how the situation of thousands of residents – the indigenous, riverine and city dwellers of Altamira - continues to deteriorate. Their communities and livelihoods are being irreversibly affected and their human rights systematically violated by the construction of the hydropower plant. When night becomes day From the plane, the lights from the worksites are just momentary flashes. But for the indigenous and riverine communities closest to them, those lights have brought a radical change to their lifestyles. José Alexandre lives with his family in Arroz Cru, a waterfront community located on the left bank of the Volta Grande, or Big Bend, of the Xingu River in the municipality of Vitória do Xingu. The community is in front of the Pimental worksite. His entire life has been spent in the area, where hunting and fishing are major activities. But everything changed when construction of the dam started.      

Groups support challenge to dam project in Panama for violating indigenous rights

Amicus brief highlights unlawful consultation process.   Mexico City, Mexico – Civil society organizations filed an amicus brief yesterday in Panama’s Supreme Court of Justice in support of a challenge by indigenous people to the environmental review of the Barro Blanco hydroelectric dam.   Supporting a lawsuit filed by the Environmental Advocacy Center, Panamá (CIAM), the Interamerican Association for Environmental Defense (AIDA), the Center for International Environmental Law (CIEL) and Earthjustice argue that the Panamanian government violated international law by approving the project without adequately consulting or obtaining the free, prior and informed consent of the affected Ngӓbe-Buglé indigenous peoples, and without adequately reviewing the environmental impacts to their lands.   “Our lands and natural resources are the most important aspects of our culture, and we wish to thank the international organizations that are supporting our struggle to protect them,” said Goejet Miranda, President of a Ngäbe community movement to defend the Tabasará River from development projects.   Once completed, the dam is projected to flood homes and religious, archaeological and cultural sites in the Ngӓbe-Buglé territories.  The Barro Blanco dam will transform the Tabasará River from a vibrant source of food and water into a stagnant lake ecosystem, and will lead to the forced relocation of several families.  Following a visit with indigenous communities in Panama last month, U.N. Special Rapporteur on the Rights of Indigenous Peoples James Anaya concluded that the government should have ensured adequate consultation with the Ngäbe people before authorizing the project.     “Indigenous people have special protections under international law,” said CIEL senior attorney Alyssa Johl. “And in the case of Barro Blanco, Panama violated international law by ignoring the Ngäbe peoples’ rights to consultation and to free, prior and informed consent, which require states to ensure that indigenous peoples are actively engaged in, and take ownership of, decisions that affect their lives and livelihoods.”   The amicus supports CIAM’s lawsuit seeking to nullify the resolution that approved the project’s environmental impact assessment (EIA) and to suspend construction of the dam until an adequate EIA has been conducted.  “Given Panama’s international human rights obligations,” explained AIDAsenior attorney María José Veramendi, “we expect that the Court will rule in favor of the affected Ngäbe people, strengthening the protection of indigenous communities with respect to development projects in Panamá and contributing to the development of a strong and coherent jurisprudence on the issues of human rights and the environment in the region.”   The Barro Blanco project has also received criticism related to its registration under the Clean Development Mechanism (CDM), a carbon-offsetting scheme established under the Kyoto Protocol.  In theory, the CDM – with its dual objectives of reducing carbon emissions and achieving sustainable development – could be a valuable tool in the fight against climate change.  However, among other problems, the CDM fails to ensure that its projects do not violate human rights.   “Mechanisms to address climate change should do more than provide economic benefit for the companies developing the projects,” said Earthjustice attorney Abby Rubinson. “They must ensure protection of human rights and equitable solutions on the ground.”   For more information view the amicus brief here.

UN Representative on Indigenous Peoples asked to investigate human rights violations caused by Panama’s Barro Blanco dam

Washington, DC, United States. A total of 12 civil society organizations urged the United Nations (UN) Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, to conduct a formal investigation into the human rights impacts of the Barro Blanco dam located on the Tabasará River in Panama. The Panamanian and international organizations also asked Mr. Anaya to call on the government of Panama to immediately halt the dam’s construction until the threats to the rights of the indigenous Ngӓbe people affected by the project have been fully addressed. The Barro Blanco controversy received special attention at the UN climate talks held last week in Bonn, Germany, because the project is registered under the Clean Development Mechanism (CDM), a carbon offsetting scheme established under the Kyoto Protocol. “The Barro Blanco dam will directly affect Ngӓbe people, yet we were not even consulted about the project before it was approved,” said Weni Bagama, an indigenous Ngӓbe leader of the Movimiento 10 de Abril, a community-based movement defending the Tabasará River from development projects. In September 2012, the UN Development Programme (UNDP) conducted a fact-finding mission at the project site and interviewed Ngäbe community members about projected impacts. UNDP’s assessment report confirmed that the dam will flood homes and religious, historical and cultural sites in the Ngӓbe-Buglé territory. The report further documented the project’s impacts, including that the dam will convert the flowing Tabasará River into a stagnant lake ecosystem, affecting the Ngäbe’s diet and means of subsistence. “Despite proof that the dam will have grave impacts on the Ngӓbe way of life and cultural heritage, the construction of the dam continues,” added Ms. Bagama. “We urge Mr. Anaya to investigate the situation and do all he can to protect the rights of the indigenous peoples affected by this project.” “The public forum where the project was discussed was held as a community meeting without a clear notification of its true objective, and there was no representation from the affected indigenous communities,” said Tania Arosemena, Legal Director of the Environmental Advocacy Center, Panama (CIAM by its Spanish initials). “The consultation process did not comply with the minimum standards demanded by national and international law on this matter.” CIAM filed a lawsuit in 2011 on behalf of members of the Ngäbe communities, who challenge the approval of the project’s environmental impact assessment. That suit is pending. Several of the organizations that wrote to Mr. Anaya also raised the Barro Blanco case at the UN climate talks in Bonn last week. “The Barro Blanco project illustrates an urgent need for reform within the CDM,” said Alyssa Johl, senior attorney at the Center for International Environmental Law (CIEL). “Once a project has been registered under the CDM, affected communities have no means to voice their concerns regarding the project’s social and environmental impacts. The UN climate regime must establish a process that allows communities to seek recourse for the harms associated with CDM projects, as well as a process to deregister projects where there are clear violations of CDM rules as in the case of Barro Blanco.” “Given the CDM’s lack of a complaint procedure and the Panamanian government’s failure to protect the Ngäbe’s rights, the communities need Mr. Anaya’s support,” said Abby Rubinson, associate attorney in Earthjustice’s International Program. “We appreciate Mr. Anaya’s past efforts to engage the Panamanian government to respond to the Ngäbe’s concerns, and we ask him to continue to play this much-needed role to prevent further violations.” The Panamanian non-governmental organizations (NGOs) that signed the letter to Mr. Anaya were CIAM, Movimiento 10 de Abril, and Asociación Ambientalista de Chiriquí. CIEL, Earthjustice, Inter-American Association for Environmental Defense (AIDA), International Rivers, Carbon Market Watch, Both ENDS, Collective Voices for Peace, Salva la Selva and Marin Interfaith Task Force on the Americas comprised the international groups that signed the letter to Mr. Anaya. 

Strengthening Protections Through the UN Human Rights System

Saving the San Pedro Mezquital River from a destructive large dam

Amidst criticism, BNDES approves unprecedented loan for controversial Belo Monte dam in Brazilian Amazon

FOR IMMEDIATE RELEASE November 29, 2012   Media Contacts: Astrid Puentes, AIDA, [email protected], +52 1-55 2301-6639 Brent Millikan, International Rivers, [email protected] +55 61 8153-7009 Maíra Irigaray, Amazon Watch, [email protected] +1 415 622-8606     Amidst criticism, BNDES approves unprecedented loan for controversial Belo Monte dam in Brazilian Amazon  Financing ignores violations of human rights and environmental safeguards, tarnishing bank’s reputation, critics state   Brasilia—On Monday, November 26, the Brazilian National Development Bank(BNDES) announced approval of an unprecedented loan of BRL 22.5 billion (approximately US$10.8 billion) for construction of the controversial Belo Monte dam project on the Xingu river, a major tributary of the Amazon. It is the largest loan in the bank’s 60-year history. BNDES is slated to be responsible for BRL 13.5 billion of direct finance, while Caixa Econômica Federal (CEF), a public bank, will pass through BRL 7 billion and private investment bank BTG Pactual will administer another BRL 2 billion.   Responding to the BNDES announcement, nine Brazilian civil society organizations filed a petition yesterday with the Federal Public Prosecutor’s Office (Ministério Público Federal) calling for an investigation of apparent violations of legally-binding requirements related to the project’s social and environmental impacts, risks and economic viability. The petition calls on prosecutors to take urgent measures to prevent BNDES from disbursing loan proceeds to the project developer (Norte Energia, S.A.) prior to the completion of a full investigation.   The controversial project has been paralyzed on at least six occasions by affected indigenous communities and fishermen, who have protested over the failures of Norte Energía and government agencies to comply with the project's mandated environmental and social provisions. Eight thousand of the project's own workers also have shut down the dam, recently setting fire to construction camps and machinery and blocking roads, in protest against violations of labor legislation.  “As long as Norte Energia and the Brazilian government, including BNDES, continue to ignore demands by affected peoples, there will be resistance and increased conflict. By approving the massive loan with so much conflict on the ground shows the lack of commitment by BNDES to meet rights and environmental safeguard commitments. It should reconsider the loan approval to avoid any further conflict,” said Maira Irigaray, International Finance Advocate at Amazon Watch.   Belo Monte was suspended twice in 2012 by federal judges for the lack of prior consultations with affected indigenous communities, as required by the Brazilian Constitution and international human rights agreements. The International Labor Organization and the Inter-American Commission on Human Rights (IACHR) have declared that the project places at risk the rights of affected indigenous communities.  Expert and independent analysis has found that Belo Monte is economically, socially and environmentally unviable.   Norte Energía and federal government agencies are facing 15 civil proceedings in the Brazilian courts lodged by the Public Ministry, the Public Defender’s Office and civil society institutions, as well as international suits that question the large number of illegalities and irregularities committed since the start of the project. Despite massive legal, financial and reputational risks surrounding Belo Monte, BNDES has decided to finance the project anyway, apparently under intense pressure from the administration of President Dilma Rousseff. By approving the loan, BNDES makes itself the main financier of a project notorious for violations of environmental legislation and human rights, including the culture integrity of indigenous and river communities. Among its environmental impacts, Belo Monte is expected to cause large emissions of greenhouse gases, including methane, a gas that is 25 times stronger than carbon dioxide.   “The violations of human rights caused by the construction of the Belo Monte dam have been denounced before international organizations for which the State of Brazil and now also BNDES could be responsible,” said Astrid Puentes, Executive Co-Director of the Interamerican Association for Environmental Defense (AIDA), an organization that offers legal support to the affected communities. In 2011, the Inter-American Commission on Human Rights – IACHR, part of the Organization of American States (OAS), called for precautionary measures to protect the life, personal and cultural integrity of the contacted and uncontacted indigenous communities of the Xingu River affected by the construction of the Belo Monte dam. The Brazilian government chose to ignore the Commission’s recommendations.   “No serious social and environmental safeguards were implemented by BNDES prior to the approval of this loan for Belo Monte using the money of Brazilian taxpayers” argued Antonia Melo, coordinator of the Movimento Xingu Vivo para Sempre. “BNDES claims that part of the funds will be used in the mitigation of the impacts of Belo Monte, but this is just talk. No one guarantees that this money is going to minimize the suffering of those affected. To date, virtually none of the promises made to indigenous, river people and fishermen have been met. BNDES already has transferred BRL 2.9 billion to Norte Energia without any serious risk analysis, and you can see the disastrous situation of the people in the region, the deforestation and the lack of infrastructure in Altamira.”   The unprecedented BNDES loan for Belo Monte, slated to be the world’s third largest dam project, is the largest in the bank’s 60-year history. Critics charge that the project is economically unviable, due to factors such as burgeoning construction costs that increased over six fold from BRL 4.5 billion reais in 2005 to current estimated of BRL 28.9 billion. The project is expected to produce only 39% of its installed capacity of 11,233 MW capacity.  According to Brent Millikan, Amazon Program Director at International Rivers, “If the true social and environmental costs, along with the financial, legal and reputational risks of Belo Monte were seriously taken into consideration, BNDES would never get near the project.”   Further information:   www.aida-americas.org/es/project/belomonte www.internationalrivers.org/campaigns/belo-monte-dam www.amazonwatch.org/work/let-the-river-run   www.xinguvivo.org.br  

Belo Monte Dam Suspended by Brazilian Appeals Court

  FOR IMMEDIATE RELEASE Media Contacts: Brent Millikan, International Rivers [email protected], +55 61 8153-7009 Andrew Miller, Amazon Watch [email protected], +1 202 423 4828 Joelson Calvacante, Inter-American Association for Environmental Defense (AIDA) [email protected], +52 55 5212-0141   Belo Monte Dam Suspended by Brazilian Appeals Court Project was illegally authorized by Congress without prior consultation with  indigenous tribes, judges say    Altamira, Brazil: A high-level court yesterday suspended construction of the controversial Belo Monte dam project on the Amazon’s Xingu River, citing overwhelming evidence that indigenous people had not been properly consulted prior to government approval of the project. A group of judges from Brazil's Regional Federal Tribunal (TRF1) upheld an earlier decision that declared the Brazilian Congress’s authorization of the project in 2005 to be illegal. The decision concludes that the Brazilian Constitution and ILO Convention 169, to which Brazil is party, require that Congress can only authorize the use of water resources for hydroelectric projects after an independent assessment of environmental impacts and subsequent consultations with affected indigenous peoples.    The ruling means that Brazilian Congress will have to correct its previous error by organizing consultations on the project’s impacts with affected indigenous peoples of the Xingu River, especially the Juruna, Arara and Xikrin tribes. Their opinions should be considered in a Congressional decision on whether to authorize Belo Monte, and in the meantime the project consortium has been ordered to suspend construction. Project consortium Norte Energia, S.A, led by the parastatal energy company Eletrobras, faces a daily fine of R$500,000, or about US$250,000, if it does not comply with the suspension. The dam consortium is expected to appeal the decision in the Brazilian Supreme Court.   “The court’s decision highlights the urgent need for the Brazilian government and Congress to respect the federal constitution and international agreements on prior consultations with indigenous peoples regarding projects that put their livelihoods and territories at risk. Human rights and environmental protection cannot be subordinated to narrow business interests” stated Federal Judge Souza Prudente, who authored the ruling.   “This latest court ruling vindicates what indigenous people, human rights activists and the Federal Public Prosecutor’s Office have been demanding all along. We hope that President Dilma’s Attorney General and the head judge of the federal court (TRF1) will not try to subvert this important decision, as they have done in similar situations in the past,” said Brent Millikan of International Rivers, based in Brasilia.   “This decision reinforces the request made by the Inter-American Commission on Human Rights in April 2011 to suspend the project due to lack of consultations with indigenous communities. We hope that Norte Energia and the government comply with this decision and respect the rights of indigenous communities,” said Joelson Cavalcante of the Interamerican Association for Environmental Defense (AIDA), an organization giving legal support to affected communities.   The Brazilian Congress authorized construction of Belo Monte seven years ago without an environmental impact assessment (EIA). A subsequent study - produced by state-owned energy company Eletrobras and three of Brazil’s largest construction companies (Camargo Correa, Andrade Gutierrez, and Odebrecht) - was widely criticized for underestimating socio-environmental impacts, especially on indigenous peoples and other traditional communities living downstream from the huge dam that would divert 80% of the Xingu’s natural flow. The EIA was approved by Brazil’s federal environmental agency (IBAMA) in February 2010 under intense political pressure and over the objections of the agency's own technical staff.   With dam construction racing ahead since June 2011, many of Belo Monte’s forewarned social and environmental consequences are proving real.  As a result, indigenous people have become more vocal in their opposition to Belo Monte.   During the United Nations' Rio+20 conference in June, indigenous leaders launched a 21- day occupation of the dam site, protesting against the growing impacts of the project and broken promises by dam-builders. Two weeks later, indigenous communities detained three Norte Energia engineers on tribal lands. Both protests demanded suspension of the project due to non-compliance of mitigation requirementes. Last month, the Federal Public Prosecutors’ Office filed a lawsuit calling for suspension of the Belo Monte’s installation license, given widespread non-compliance with conditions of the project’s environmental licenses. Given this contentious and convoluted history, the long overdue process of consultations with indigenous peoples on Belo Monte is not likely to produce a positive verdict on Belo Monte, from the point of view of indigenous peoples. Similar conflicts over violations of indigenous rights by dam projects are emerging elsewhere in the Brazilian Amazon.   Last week, in another landmark decision led by judge Souza Prudente, a group of judges from the TRF1 , the same court ordered the immediate suspension of one of five large dams planned for the Teles Pires river, a major tributary of the Tapajos river, noting a lack of prior and informed consultations with the Kayabi, Apiakás and Munduruku indigenous peoples affected by the project.   According to Souza Prudente, "the aggression against indigenous peoples in the case of the Teles Pires dam has been even more violent than in Belo Monte. A political decision to proceed with the construction of five large dams along the Teles Pires river was made by the Ministry of Mines and Energy with no effective analysis of impacts on the livelihoods and territories of indigenous peoples. The Sete Quedas rapids on the Teles Pires river are considered sacred by indigenous peoples and are vital for the reproduction of fish that are a staple of their diets. Yet none of this was taken into account in the basin inventory and environmental impact studies.  Moreover, the government and Congress simply ignored their obligations to ensure prior and informed consultations with indigenous peoples, as determined by the Federal Constitution and ILO Convention 169".   Late yesterday, the President of the TRF1 announced his intention to overturn the decision of Souza Prudente and other federal judges regarding the Teles Pires hydroproject, marking a growing crisis within Brazil’s judiciary system over the Dilma Rousseff administration’s ambitious dam-building plans in the Amazon.

Brazilian Government questioned yet again by international human rights body over Belo Monte Dam controversy

Brasilia, Brazil - On April 11, the Inter-American Commission on Human Rights (IACHR), the human rights arm of the Organization of American States (OAS), asked the Brazilian government to explain reports of poor water quality and forced evictions in indigenous communities affected by the construction of the Belo Monte Hydroelectric Dam in the Xingu River Basin, Brazil. This is the second time that the Inter-American Commission has asked the government to explain the health and human rights impact of construction since requesting precautionary measures in favor of indigenous communities in April of last year. The IACHR also repeated its request that Brazil detail specific measures designed to mitigate the dam’s impact. The commission gave Brazil 20 days to respond regarding the situation in the Xingu River Basin. “We hope the Brazilian government will react quickly to this latest resolution by taking steps to protect the human rights of affected communities,” said Jacob Kopas, legal counsel with the Interamerican Association for Environmental Defense (AIDA). The IACHR is currently reviewing an international lawsuit filed by the Xingu River Alive Forever Movement (MXVPS), Para Society for the Defense of Human Rights (SDDH), Global Justice, and AIDA. The lawsuit highlights the damages the project is causing to the Paquiçamba and Arara da Volta Grande Indigenous Reservations. “The case before the IACHR aims for Brazil to meet its obligations under international human rights treaties,” explained Roberta Amanajás, lawyer with SDDH. “And in the Belo Monte case, there is abundant evidence these rights are being violated.” This past January, indigenous communities downstream of the construction site registered several cases of diarrhea and skin rashes associated with the sudden deterioration in the water quality of the river, on which they depend for drinking, bathing and cooking. In response, the Brazilian Federal Public Ministry conducted an independent water quality analysis but results have not been published yet. According to Public Ministry officials, constant water control tests are necessary to avoid the risk of contaminating the river’s waters. Another complaint under investigation by the IACHR concerns the forced eviction of impoverished, rural communities, in an area where most small farmers do not have formal deeds to their land. Fearing evictions without any compensation whatsoever, many families have accepted payments worth less than half the market value of their lands. This was the case of farmers from the Santo Antonio village, where only 26 out of 252 rural properties had a formal deed.  In one case, a farmer received only $3,775 USD for a property that would have fetched almost $12,000 USD on the open market a few years ago.

Holding Brazil accountable for the Belo Monte Dam

Organization of American States requests immediate suspension of Belo Monte Dam in the Brazilian Amazon

The Inter-American Commission on Human Rights considered that Indigenous Peoples must be consulted BEFORE the dam’s construction begins. Altamira, Brazil / Washington, D.C., USA - The Inter-American Commission on Human Rights (IACHR), part of the Organization of American States (OAS), has officially requested the Brazilian Government to immediately suspend the Belo Monte Dam Complex in the Amazonian state of Para, citing the project's potential harm to the rights of traditional communities living within the Xingu river basin. According to the IACHR, the Brazilian Government must comply with legal obligations to undertake a consultation process that is "free, prior, informed, of good faith and culturally appropriate" with indigenous peoples threatened by the project before further work can proceed. The Brazilian Ministry of Foreign Affairs must inform the OAS within 15 days regarding urgent measures undertaken to comply with the Commission's resolution. The IACHR's decision responds to a complaint submitted in November 2010 on behalf of local, traditional communities of the Xingu river basin. The complaint was presented by the Xingu Alive Forever Movement - (MXVPS), the Coordination of Indigenous Organizations in the Brazilian Amazon (COIAB), the Prelacy of the Roman Catholic Church in the Xingu region, the Indigenous Missionary Council (CIMI), the Pará Society for the Defense of Human Rights (SDDH), Global Justice and the Inter-American Association for Environmental Defense (AIDA). According to the complaint, there were no appropriate consultations with affected indigenous and riverine communities regarding the impacts of the mega-dam project. The document argues that the dam would cause irreversible social and environmental damage, including forced displacement of communities, while threatening one of the Amazon's most valuable areas for biodiversity conservation. "By recognizing the rights of indigenous people to prior and informed consultations, the IACHR is requesting that the Brazilian Government stop the licensing and construction of the Belo Monte dam project to ensure their right to decide," said Roberta Amanajas, SDDH lawyer. "Continuing this project without proper consultations would constitute a violation of international law. In that case, the Brazilian Government would be internationally liable for the negative impacts caused by the dam." The IACHR also requests Brazil to adopt "vigorous and comprehensive measures" to protect the lives and personal integrity of isolated indigenous peoples in the Xingu river basin, as well as effective measures to prevent the spread of diseases and epidemics among traditional communities threatened by the project. "The IACHR's decision sends a clear message that the Brazilian Government's unilateral decisions to promote economic growth at any cost are a violation of our country's laws and the human rights of local traditional communities," said Antonia Melo, MXVPS coordinator. "Our leaders no longer can use economic "development" as an excuse to ignore human rights and to push for projects of destruction and death to our natural heritage and to the peoples of Amazon, as is the case of Belo Monte." "The OAS's decision is a warning to the Federal Government and a call to Brazilian society to broadly discuss the highly authoritarian and predatory development model being implemented in this country," said Andressa Caldas, Global Justice director. Andressa recalls examples of human rights violations caused by other infrastructure projects within the federal government's Accelerated Growth Program (PAC). "There are numerous cases involving the forced displacement of families without compensation, as well as serious environmental impacts, social disruption of communities, rising violence in areas surrounding construction sites and poor working conditions." Criticism of the Belo Monte dam comes not only from civil society organizations, and local communities, but also from scientists, researchers, and government institutions. The Federal Public Prosecutor's office in Pará state has already filed ten civil lawsuits against the mega-project that are still awaiting final decisions. "I am very moved by this news," said Sheyla Juruna, an Indigenous leader of the Juruna community in Altamira. "Today, more than ever, I am sure that we were right to expose the Brazilian Government - including the federal judicial system - for violations of the rights of indigenous peoples in the Xingu and of all those who are fighting together to protect life and a healthy environment. We will maintain our firm resistance against the implementation of the Belo Monte Dam Complex." The IACHR's decision is founded on international law established by the American Convention on Human Rights, Convention 169 of the International Labour Organisation (ILO), the United Nations Declaration on Indigenous Rights (UNDRIP), and the UN Convention on Biological Diversity (CBD), as well as the Brazilian Constitution itself.