Indigenous Rights

April 22 2022 Fracking, Human Rights, Indigenous Rights

Court ruling may approve licensing for Belo Sun's mining project in the Amazon

Environmental licensing for the largest open-pit gold mine project in Brazil has been challenged by eight lawsuits exposing flaws in environmental impact studies. A possible decision in favor of Belo Sun may set a precedent that illegally restricts consultation of traditional peoples and sanctions human rights violations. Altamira (Pará), April 22, 2022 — On Monday, April 25, the Regional Federal Court of the 1st Region (TRF1) will rule on two decisive cases that could pave the way for the beginning of the project by Canadian mining company Belo Sun in Pará, in the Brazilian Amazon. The company plans to build the largest open-pit gold mine in Brazil, at Volta Grande do Xingu, one of the most biodiverse sites in the world and a region that has already suffered the impacts of the Belo Monte dam and hydroelectric plant. In 2017, the Regional Federal Court of the 1st Region (TRF1) revoked a second license granted by the state of Pará for the installation of the project, prompting the mining company to undergo a process of prior consultation with affected Indigenous peoples, in accordance with Convention 169 of the International Labor Organization (ILO). The Court also required the company to prepare an Indigenous Component Study (ECI) within the parameters required by Funai (Brazilian National Indigenous Foundation), on the impacts of the project on Indigenous peoples. At the hearing on April25, 2022, the court will revisit the case. Belo Sun claims it has complied with the requirements, but the Federal Prosecution Office (MPF) is contesting this assertion. The Prosecution Office says that Belo Sun performed no actual consultation with affected populations, and that the ECI study is flawed — researchers have considered the project to be environmentally unfeasible, with a high likelihood of dam failure. The Prosecution Office's claims are based on a report published in February by researchers from the Observatory of Community Protocols of Consultation and Prior, Free and Informed Consent, at the request of the Prosecution Office itself. “If the TRF-1 upholds Belo Sun's request, we will be facing a dangerous precedent, which illegally restricts the content of the consultation provided for in Articles 6, 15, and 16 of Convention 169 of the International Labor Organization (ILO), and sanctions the violation of the human rights of Indigenous peoples and traditional communities in Volta Grande do Xingu. Such decision would legitimize the lawless actions undertaken by Belo Sun and would open the doors to the exploration of the newest gold frontier in the Amazon, which, if made possible, will surely drive the ecocide and systematic destruction of the already-fragile region of Volta Grande,” declares Ana Carolina Alfinito, legal advisor at Amazon Watch, an organization that is part of the Volta Grande do Xingu Alliance. Belo Sun’s Volta Grande Project would affect multiple Indigenous peoples, including the Jurunas of the Paquiçamba Indigenous Land, the Araras of the Arara da Volta Grande Indigenous Territory, the isolated peoples of the Ituna-Itatá Indigenous Territory, and “desaldeados”—Indigenous groups who traditionally occupy territories that haven’t yet been formally demarcated by the Brazilian government. These groups inhabit territories very close to the site the project would occupy. Such is the case of the population that lives on Ilha da Fazenda, Ressaca, and Galo, in addition to the communities of São Francisco (Juruna), Iawa (Kuruaya), Jericoá II (Xipaia), Kanipá (Xipaia), and Kaniamã (Xipaia). The São Francisco community, for example, is located only 600 meters from the project area, so it would suffer serious and direct impacts, which makes its exclusion from the impact assessment and consultation process even more serious. According to the document from the Prosecution Office, Belo Sun only collected testimonies from the affected communities, leaving no room for Indigenous people to express their views and influence the project, as should occur in an effective consultation process. The report also suggests that the mining company is attempting to classify meetings with the desaldeado communities as consultations—although the company’s initial and expressed goal was merely to collect information. There are no records that Indigenous people who attended these meetings were informed that they were attending a prior consultation process for deliberation on the gold mine. A 2012 ruling by the Inter-American Court of Human Rights upholds that consultations must take place “at all stages of planning and from the earliest phases.” The same ruling by the Court determined that prior consultation is a responsibility of the government, which cannot be delegated to private companies, “much less to those interested in extracting the resources. There are records of meetings in which only representatives of Belo Sun and some of the Indigenous communities participated, without the presence of governmental agencies,” the Observatory's report points out. In a statement to Repórter Brasil, Lorena Kuruaya says that the Iawá community, made up of members of the Xipaia and Kuruaia peoples and one of those affected by Belo Sun’s project, sent several consultation requests to Funai but got no response. “We need to know about the project, about explosions and the use of cyanide, because we fear what happened in Brumadinho and Mariana. To date, we have been treated as if we were invisible in the consultation process,” reads a letter from 2020 signed by community members. In another joint communiqué, according to Repórter Brasil, residents of Iawá and the Kanipá, Jericoá I, and Jericoá II communities informed Funai that none of them had been “sought, consulted, let alone informed” about the implications of the project, and requested mediation from the agency so the mining company could present explanations, execution plans, and potential environmental impacts. “A decision in favor of Belo Sun means that the Brazilian government, as in the case of Belo Monte, will once again side with big companies, completely ignoring the socio-environmental impacts that will result from this project,” points out lawyer Marcella Ribeiro, from the Human Rights program of AIDA (Inter-American Association for Environmental Defense). “The polygons under scrutiny go beyond the river area and extend to Indigenous regions. Within a few years we will likely see gold exploration in adjoining areas. And if Bill 191 is approved, these Indigenous lands will become a large mine,” she proclaims. Failures and impacts of Belo Sun’s project According to experts, the Belo Sun mining project in Volta Grande do Xingu has serious structural flaws which were not clearly presented to the impacted communities during the consultation process. Environmental impact studies carried out by the mining company disregard both the potential seismic impacts on the tailings dam that needs to be built and the cumulative impacts it would cause along with the dam of the Belo Monte plant. The dam designed for the mine would be similar in size to the Vale dam that collapsed in Mariana in 2015, causing Brazil's biggest environmental disaster. A report by an expert in geology and mining, Dr. Steven H. Emerman, claims that at least nine million cubic meters of toxic mining waste could reach the Xingu River and travel more than 40 kilometers in two hours, causing irreversible damage. These tailings could contain highly toxic metals, such as cyanide, arsenic, and mercury, which could lead to ecocide of the Xingu River. Furthermore, Belo Sun’s project is only ten kilometers from the main dam on the Xingu River, built for the Belo Monte hydroelectric power plant. The exploration conducted by the mining company expects explosions 24 hours a day to extract gold from the earth, for at least 12 years. There is a risk that the explosions will impact the stability of the Belo Monte dam, as well as that of the Volta Grande project, something that has not been considered until now. Belo Monte itself, in a recent statement, warned of the risks of implementing a minint megaproject in the area. Other studies point to impacts such as changes in the reproductive cycle of fauna, deforestation and/or burning, pollution of water resources, and soil contamination. Volta Grande do Xingu Alliance This is a communiqué by the Volta Grande do Xingu Alliance, which includes organizations and social movements from Brazil and the world. The Alliance supports the defense of life and dignity in the Volta Grande do Xingu region and its permanent protection against infrastructure projects such as the Belo Monte hydroelectric plant and Belo Sun’s mine. The Alliance comprises: AIDA, Amazon Watch, Earthworks, International Rivers, Instituto Socioambiental – ISA, Mining Watch, Movimento Xingu Vivo para Sempre, and Rede Xingu+.

April 22 2022 Indigenous Rights, Human Rights

The indigenous resistance, told in their own voice

It’s vital that indigenous and traditional communities have the opportunity to use and strengthen their voices not only to denounce the systematic violation of their rights, but also to share the ancestral knowledge that is key to addressing the current environmental and climate crises. For a variety of reasons, organizations that accompany indigenous struggles, as well as the media and journalists who portray them, often speak on behalf of these peoples. While this intermediary work can help increase the visibility and impact of the frontline defense of territories, there is no better way to hear and understand their stories than from the people who live them. The Intercultural Encounter of Indigenous Communicators represents a step forward in this sense, as it amplifies the work of six indigenous defenders who have made communication a valuable tool for protecting their territories. The project brings together members of indigenous communications collectives from across Mexico, Central and South America to share their experiences defending land, culture and ancestral ways of life. Their stories are of strength and self-determination. Juana Ramírez Villegas, an indigenous woman of the Mixe or Ayuuk people in Oaxaca, Mexico, is part of a communications collective that has enabled coordination between different affected communities and elevated their demands for respect of their territory and defense of their rights to the national level. Together they’re resisting the construction of a massive port and railway infrastructure project across the Isthmus de Tehuantepec known as the Interoceanic corridor. Elvia Bo, a Mayan woman from Southern Belize and part of the organization SATIIM, has kept remote indigenous communities in southern Belize informed of their rights. She is working to install a radio signal powerful enough to reach the many remote indigenous communities of her area through her broadcasting. Her work has been key in confronting repeated attempts by governments and large companies to implement extractive megaprojects within indigenous territory. Laura Brito Boriyu is a member of the Wakuaipa Communication Collective, a group of youth from the Wayúu indigenous community in Colombia. Their communication and audiovisual production skills have served to denounce the impacts suffered for more than 40 years by the Wayúu people in La Guajira as a result of one of the largest open-pit coal mines in the world. Their stories are subverting the heavy investment in propaganda that the company makes while it destroys Wayúu ancestral territory. Mitã Xipaya, a young communicator from the Xipaya people of the Medio Xingu in Altamira, Brasil, is part of the UJIMX collective. They’re denouncing the socio-environmental damages of the Belo Monte megadam, built deep in the Amazon rainforest, which has destroyed not only the natural environment but also the region’s social structure and, particularly, young peoples’ mental health. In that sense, collectives like UJIMX are using communications to motivate youth to envision a better future and work to transform Altamira. Arewana Juruna and Kujaesage Kaiabi are indigenous communicators and filmmakers who live in the Indigenous Territory of Xingú in Mato Grosso, where 16 indigenous communities live and protect the forests of the Xingú river basin. Faced with government policies that favor deforestation, they and other indigenous communicators of the Amazon play a vital role in raising awareness about the need to protect this critical ecosystem. This project has enabled the teams and efforts of these collectives to grow and strengthen. You can read more about each of these indigenous communicators and see the work they produced on the project’s website. They and their people are united by the great history of resistance that indigenous peoples have and continue to show to the current global development model, which prioritizes extractive megaprojects and destructive policies over ancestral knowledge and preservation. Truly understanding their stories and listening to them, from the voices of their protagonists, is fundamental if we as a society wish to move towards a better way of living, in harmony and balance with nature. Preserving the only planet we know from the climate crisis, humanity’s greatest threat, requires incorporating the ancestral knowledge of indigenous peoples in the design and implementation of solutions. This project was spearheaded by AIDA with the support of the Swift Foundation, Tierra Poderosa and organizations that directly support these communities, including the Centro Mexicano de Derecho Ambiental (CEMDA), the Colectivo de Abogados José Alvear Restrepo (CAJAR), the Movimiento Xingú Vivo para Siempre, the Sarstoon-Temash Institute for Indigenous Management (SATIIM), the Unión de Comunidades Indígenas de la Zona Norte del Istmo (UCIZONI) and the União da Juventude Indígena do Meio do Xingú (UJIMX).

April 21 2022 Fracking, Indigenous Rights, Freshwater Sources

Court suspends fracking pilot projects, reaffirms right to prior consultation in Colombia

A Colombian judge on Thursday suspended the environmental license for the Kalé fracking pilot project and the environmental permitting process for the Platero fracking pilot project—both located in the municipality of Puerto Wilches, Santander—until the consultation processes with the communities of the region are completed. The court ruling responds to an injunction filed by the Afro-Colombian communities of Puerto Wilches (AFROWILCHES), the Podion Corporation, the José Alvear Restrepo Lawyers Collective, and the Colombia Free of Fracking Alliance, to which AIDA provides legal support. For AIDA, the suspension of the projects represents a victory for the communities of the Magdalena Medio. It acknowledges that fracking cannot advance in the country without their real and effective participation, without a social license, and in a context of threats against the lives of defenders who oppose this technique. "The court decision sends a powerful warning message to other Latin American nations,” said Yeny Rodríguez, AIDA attorney. “Governments currently advancing fracking must respect the principles of environmental democracy, especially since this is a technique and an industry that significantly impacts the environment and public health." "While the guarantee of the right to participation and prior consultation is non-negotiable, fracking continues to be a widely questioned technique, which has been banned worldwide due to the lack of scientific certainty about its possible risks and the very high socio-environmental costs it has caused in the countries that already employ it," she explained. There has been a judicial moratorium on the development of commercial fracking in Colombia since November 2018, when the Council of State declared its provisional suspension at the national level. That decision is based on the precautionary principle, since the regulation of fracking does not contemplate the environmental risks and impacts that its application could cause. A final ruling from the Council of State on the fracking regulation is expected in the coming months. In addition, a second appeal for legal protection filed by more than 10 organizations of fishermen, farmers, women and youth of Puerto Wilches is being considered based on the violation of the right to public participation in the implementation of fracking pilot projects there. The appeal was denied in the first instance, but a favorable ruling is expected in the second. The Colombian Constitutional Court will hear of the decisions of these two judicial proceedings. That court and the Council of State will have the final word on the future of fracking’s implementation in the country. The judges of Colombia, and those across the region, have the power and the opportunity to positively transform development models that promote activities like fracking while systematically damaging the environment and violating human rights. Press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107

March 29 2022 Indigenous Rights, Accountability and Transparency, Human Rights

Indigenous victory as development bank withdraws investment and drafts exit plan following rights violation in Guatemala

In a historic advance, the Inter-American Development Bank has designed a responsible exit plan to accompany their divestment from two controversial large dams in the Yichk'isis micro-region of Guatemala. Affected Mayan communities celebrate the decision, a response to their 2018 complaint, while acknowledging that the Bank has several challenges left to confront. Washington, DC, U.S.A. The Inter-American Development Bank (IDB) announced its decision to withdraw financing from the San Mateo and San Andrés hydroelectric projects, run by the company Energía y Renovación S.A. in the micro-region of Yichk'isis (Ixquisis) in northern Guatemala. The Bank designed a responsible exit and institutional strengthening plan to address the weaknesses the case revealed. The Bank’s decision stems from a complaint affected Mayan communities filed in 2018 before the IDB Group's Independent Consultation and Investigation Mechanism (MICI, for it’s Spanish initials). In resolving the complaint, the accountability office concluded that IDB Invest failed to comply with the bank’s operational policies and safeguards in the framework of project financing, and opened the possibility of a withdrawal of investment. "It’s an opportunity for the bank to take into account the lessons learned from the case: among them the relevance of understanding the local contexts of projects, the socio-cultural dynamics of the populations that will be directly affected, and the local perspective of development to determine the viability of the financing," says Liliana Avila, senior attorney of the Human Rights and Environment Program of the Interamerican Association for Environmental Defense (AIDA). "It is also an opportunity for the bank to strengthen the monitoring and supervision of the projects it supports in order to prevent non-compliance.” The divestment was finalized in October 2021, when IDB Invest and Energía y Renovación S.A. signed settlement agreements. Notably, this is the first time that the IDB Group, as a result of a complaint, has drawn up a plan to make its exit responsible. However, there are still challenges and pending issues that the financial institution must address in the process of exiting hydroelectric projects. "In order to prepare the responsible exit plan, IDB Invest must carry out consultation processes with the affected communities, which will largely define the plan's capacity to effectively address and offer viable solutions to the damages recognized in the MICI report, such as the increase in conflict, the lack of knowledge of the existence of indigenous peoples and their rights, the effects on ancestral cultural heritage, the differentiated impacts on women and the lack of prevention and consequent environmental degradation," said Carolina Juaneda, of the Bank Information Center. "If these issues are not addressed and included in the responsible exit plan, all this effort will not have been worthwhile since, ultimately, it will not lead to any improvement or reconstitution of living conditions for the affected people and the environment." The action plan proposed by the entity establishes that IDB Invest will create a transition plan translated into the native languages of the affected communities, as well as a gender-differentiated impact assessment, and an investment to promote financial inclusion and women's empowerment in the area. In addition, the plan contains actions to address MICI's recommendations for structural changes at the institutional level. In this regard, the bank plans to strengthen the environmental and social safeguards unit of IDB Invest in the area of indigenous peoples, as well as to establish a zero tolerance policy for gender-based violence, which will be included in the contractual conditions of operations approved by the bank. Existing protocols will include tools to follow up on acts of violence associated with projects financed by IDB Invest. Regarding the categorization of projects, an update will be made so that the internal supervision classification will be modified to a higher one when circumstances are identified that raise the risks and impacts of a project after its financing was approved. "The bank's responsibility in the investment process and in the non-compliance with its social and environmental safeguards is evident; therefore, it must promote during the exit process the effectiveness of the actions in a participatory manner, free of manipulation and in an inclusive manner with the community to reduce the risks of re-victimization and violation of the affected population," indicates Mara Bocaletti, Director of the International Platform against Impunity. "This experience is a first step to maximize the benefits in the territories so as to make amends for the damage caused." The communities submitted their complaint to MICI in August 2018 with the accompaniment of AIDA, the International Platform against Impunity and the Plurinational Ancestral Government of the Akateko, Chuj, Q'anjob'al and Popti' Native Nations. In it, they requested that IDB Invest withdraw its investment due to the damage that the implementation of the projects has caused to the environment, indigenous peoples and women of Ixquisis. In September 2021, the IDB Group Board of Directors approved the MICI report, which concluded that IDB Invest failed to comply with its own operational policies and safeguards for at least five reasons: 1) validating an inadequate characterization of the affected population, which denied the existence of indigenous peoples; 2) failing to verify the completion of an identification of gender-differentiated impacts on women; 3) failing to ensure that the client made an adequate identification and management of environmental impacts; 4) failing to ensure that the communities were properly informed and consulted; and 5) failing to carry out adequate monitoring of local conflict risks that could be generated in the area because of the projects. "The MICI report confirms that IDB Invest failed to comply with its policies, generating adverse impacts on the lives of the communities. The company Energía y Renovación did not act with due diligence in the framework of its operations and, on the contrary, has implemented strategies contrary to the respect of human rights. Currently, several indigenous authorities and human rights defenders are criminalized, making undeniable the continued risk for the communities," says Rigoberto Juárez, General Coordinator of the Plurinational Ancestral Government. "Given this evidence, it’s important that IDB Invest guarantee actions aimed at repairing the damages caused to the communities in the framework of the financing of these projects, and more strongly recognize its responsibility." press contacts: Victor Quintanilla (México), AIDA, [email protected], +521 5570522107 Camila Castellanos, Plataforma Internacional contra la Impunidad, [email protected]

March 03 2022 Indigenous Rights, Toxic Pollution

Peru’s Constitutional Court to hear case on Amazonian oil spills

The Court expects to resolve an amparo that communities of the Peruvian Amazon filed requesting the maintenance of the Norperuvian oil pipeline to prevent further spills. The lawsuit was supported with arguments on the international obligations of the Peruvian State to guarantee the rights to a dignified life and a healthy environment, among others. Lima, Peru. The Constitutional Court can stop the oil spills in the Peruvian Amazon and, with them, the systematic violation of the fundamental human rights of the indigenous peoples who live there. On Thursday, March 4, the Court is scheduled to hear and resolve an amparo filed by community members from Quebrada de Cuninico, Urarinas district of Loreto province, demanding the maintenance of the Norperuano oil pipeline, which would prevent new spills. In 2014, due to a leak in the pipeline, 2,500 barrels of oil were spilled into the creek, which negatively impacted the health and natural environment of the native communities of San Francisco, Nueva Esperanza, Cuninico and Santa Rosa. The unconstitutional amparo, filed in June 2018 with support from the Instituto de Defensa Legal (IDL), seeks a final judicial decision requiring the state-owned company Petroperu to oversee and monitor the operations of the Norperuvian Pipeline, the longest in the country, as well as to maintain all its pipelines in safe working order to prevent further spills. "It is urgent that the Peruvian authorities put an end to this structural problem that has affected the Peruvian Amazon for decades," said Juan Carlos Ruiz, IDL's lawyer. Recently, the Interamerican Association for Environmental Defense (AIDA) presented an amicus brief supporting the communities’ demand, using international human rights law to outline the State’s obligation to guarantee the adoption of administrative, legal, political and cultural measures necessary to protect the rights to a dignified life and a healthy environment. "The Amazon is an indispensable ecosystem for conserving the planet's climate," said Liliana Avila, coordinator of AIDA's Human Rights and Environment Program. "In contexts of climate crisis, the protection of this ecosystem and the indigenous peoples who inhabit it is an urgent and vital mandate." The brief also highlights the toxicity of oil to the environment and the duties of the Peruvian State and Petroperu to guarantee the health and integrity of those most vulnerable to hazardous substances, such as children, women and traditional communities. "There is evidence that the oil spills in the Peruvian Amazon, which directly affect indigenous peoples, are mostly caused by the corrosion of pipelines," says Connie Espinoza, Regional Technical Coordinator of the All Eyes on the Amazon Program (TOA). "The volume spilled is so large that se are finding it impossible to attend to all the remediation needs derived from each and every spill." According to The Shadow of Oil, an OXFAM report, pipeline corrosion and operational failures caused 65 percent of the 474 spills that occurred in Amazonian oil lots and in the Norperuvian Pipeline between 2000 and 2019—which affected the territory of 41 indigenous peoples—, while third parties caused just 28 percent. Pipeline operators are responsible for the vast majority of spills. The document also shows that, of the 2,000 sites impacted and contaminated by oil activity in Block 192, only 32 were prioritized for remediation, and that the volume of contamination, on average, would fill 231 national soccer stadiums. The lack of maintenance of the Norperuvian oil pipeline gravely impacts the Peruvian Amazon and violates the fundamental rights of native communities to enjoy a balanced environment, health, physical integrity, natural resources, territory and other rights of constitutional importance. press contacts: Gerardo Saravia, IDL, +51 997 574 695, [email protected] Nora Sánchez, HIVOS, +593 99 821 5617, [email protected] Victor Quintanilla, AIDA, +521 5570522107, [email protected]

February 02 2022 Indigenous Rights, Freshwater Sources, Climate Change

In-danger designation requested for Pantanal wetlands in Brazil, Bolivia and Paraguay

On World Wetlands Day, advocates urged the Ramsar Convention Secretariat to conduct an advisory visit to wetlands severely affected by fires, and for the governments of the three countries to inscribe the sites on the global list of wetlands at risk of disappearing. Gland, Switzerland -- Civil society organizations sent an urgent alert to the Ramsar Convention today requesting a full assessment of damage caused by recent fires in the Pantanal, the world’s largest tropical wetland, a natural area shared between Brazil, Bolivia and Paraguay. The groups requested that the Secretariat conduct an advisory mission to analyze the state of six wetlands, which the Convention has recognized as being sites of international importance, and for the wetlands to be included on the Montreux Record, a list of the world’s most at-risk wetlands. The Interamerican Association for Environmental Defense (AIDA), the Center for Biological Diversity and Ecologia e Ação (ECOA) sent the alert on World Wetlands Day. They also urged the three governments to urgently implement measures to preserve the Pantanal as a transboundary ecosystem. The Ramsar sites addressed in the request are the Bolivian Pantanal; the Reserva Particular do Patrimonio Natural SESC Pantanal, the Reserva Particular do Patrimonio Natural Fazenda Rio Negro, the Pantanal Matogrosense National Park and the Taiamã Ecological Station in Brazil; as well as the Rio Negro National Park in Paraguay. "A Ramsar in-danger designation is crucial to combating the Pantanal’s huge and unprecedented fires, which now threaten Bolivia, Brazil and Paraguay," said Alejandro Olivera, a senior scientist with the Center for Biological Diversity. "Public policies that promote agriculture and livestock expansion and allow burning within the Pantanal have combined with limited cross-border collaboration to create a tinderbox. Ecosystem-damaging fires will continue without stronger commitments to protect these critical wetland habitats." In 2020, fires devastated 4.3 million hectares of the Pantanal region, the highest number since monitoring began in 1998; the number of fires burning in the area was 508% more than average. That same year, fires burned 100 percent of the Pantanal National Park Matogrossense. At least 10 million animals died in just three months. Unusually large fires continued in July 2021. "We are asking the States to comply with the obligations acquired before the Convention, generating coherent mechanisms and implementing policies and norms to protect the Pantanal," explained AIDA attorney Claudia Velarde. "An advisory mission to the six Ramsar sites could provide specialized assistance to the Brazilian, Bolivian and Paraguayan governments to overcome the conditions that pose risks to the conservation and wise use of this key wetland.” Likewise, the inscription of the sites on the Montreux Record can result in economic aid, support and technical advice, for the recovery of the Pantanal in the three countries. "We sent an urgent alert for Bolivia, Brazil and Paraguay to focus on the Pantanal as the world's largest transboundary freshwater wetland," said Andre Siqueira, President Director of ECOA. "The Ramsar Convention cannot achieve its objectives if the ecosystems it protects are significantly damaged by the continued use of fire, agribusiness and the lack of adequate resources to fight fires." The biodiversity and ecological richness of the Pantanal is incalculable. At least 3,500 species of plants, about 600 birds, 150 mammals, 175 reptiles, 40 amphibians and 300 freshwater fish inhabit the biome. Many are in danger of extinction in other regions, such as the tuyuyú and the jaguar, the marsh deer, the giant otter and the macaw, all emblematic species of the biome. The Pantanal is home to the highest concentration of species such as the jaguar and the caiman. press contacts: Alejandro Olivera (Mexico), Center for Biological Diversity, +52 612 1040604, [email protected] Victor Quintanilla (Mexico), AIDA, +521 5570522107, [email protected] André Luiz Siqueira (Brazil), ECOA, +55 67 33243230, [email protected]

December 15 2021 Indigenous Rights, Freshwater Sources, Accountability and Transparency

Three advances for climate and environmental justice in 2021

In the face of increasing environmental degradation and the climate crisis, the strength of the collective struggle shows that it’s possible to ensure a healthy environment and a sustainable future for all people. This year, AIDA made important advances on that path, hand-in-hand with communities and allies in the region. The stories below tell of achievements that bring us closer to the environmental and climate justice we urgently need and for which we work every day. They are the stories that inspire us to continue working for the future. 1. Mayan women pave the way for responsible financing In Guatemala, under our guidance and with the support of local and international allies, the struggle of the Mayan women of Ixquisis to defend their water and territory has made history. Following a complaint against the large dams being implemented in their territory, the Inter-American Development Bank’s accountability office recognized the damage the dams caused and, for the first time, acknowledged the possibility of a responsible withdrawal of its investment. leARN MORE 2. Court ruling upholds the preservation of natural protected areas The intention of large real estate developers to dismantle the Yum Balam protected area for flora and fauna in the Mexican Caribbean has hit a wall. Mexico's Supreme Court set a key legal precedent by determining that the management program, fundamental to the sustainable use of the site, is legal. AIDA helped defend Yum Balam in court and, years earlier, our attorneys helped build the management program. LEARN MORE 3. International support reaches high-Andean lakes in Bolivia Together with local communities and organizations, AIDA requested international technical support for the recovery of lakes Poopó and Uru Uru in the Bolivian highlands, which was finally formalized by the government. This support, scheduled for next year, is vital for the recuperation of these ecosystems, life-support systems for biodiversity and the indigenous and peasant communities in the area. learn more Read these stories and much more about this year's journey in our 2021 Annual Report!

December 10 2021 Large Dams, Indigenous Rights, Freshwater Sources

The day that the indigenous struggle bore fruit in Guatemala

September 22, 2021 will be an iconic date for the men and women of the micro-region of Yich K'isis (Ixquisis), Guatemala, whose lives were abruptly changed by the construction of the San Mateo and San Andres hydroelectric dams, financed by IDB Invest. On that day, the IDB Group's Independent Consultation and Investigation Mechanism (MICI) upheld most of their claims, contained in the complaint they filed three years ago. Their final report acknowledges that the bank failed to verify the information about the affected population provided by the company responsible for the projects, which ignored the presence of indigenous peoples in the area. It also points out the failure to consider the differentiated impacts that women would experience in any of the project implementation phases, overlooking the role that the local rivers play in their daily lives and in their ways of inhabiting the territory. On the environmental issue, essential to indigenous peoples' ways of life, MICI also establishes non-compliance, recognizing that "IDB Invest did not ensure that the projects properly identified and delimited critical habitats and internationally recognized zones, nor that risks and impacts were established." In terms of access to information for the communities, the bank "failed to comply with its own operational policies, as no meaningful consultation with the communities took place in the development of the projects," the document reads. The indigenous men and women of Ixquisis see the report as recognition of what they’ve been denouncing for years. Along with its conclusions, MICI also makes a series of recommendations aimed at correcting the mistakes made by the bank in the San Mateo and San Andres projects, as well as avoiding repeating them in other cases. In its last recommendation, the accountability mechanism establishes, for the first time in the IDB's history, the possibility for the bank to responsibly withdraw from projects it finances. For the communities of Ixquisis, this recommendation represents the best hope for the restoration of their lives, abruptly transformed by the arrival of the projects. Indeed, ever since the complaint process began, the communities have been demanding the cessation of project funding. They consider it unsustainable that projects that fail to recognize their existence, and cause so much damage to their territory, some of it irreparable, should be financed by an international institution whose main mandate is to promote development. In the scenarios in which they were able to express their feelings to bank and MICI officials, their request was heard: the bank cannot continue financing projects that have impacted their lives in such severe and unjust ways, and its exit must be responsible. This means that the bank’s withdrawal must be based on a plan built with the effective participation of the communities and must contemplate all the damages caused in relation to social dynamics, the increased conflict in the region, the failure to acknowledge the existence of indigenous peoples and their rights, the affects on the ancestral cultural heritage, the differentiated impacts on women, and the lack of prevention and consequent environmental degradation. The bank must now propose an action plan to comply with MICI’s report, a mission that is undoubtedly transcendental. The bank now has the historic opportunity to correct its mistakes and legitimize its actions, honor its institutional mandate to promote development, respect and recognize indigenous peoples, and contribute to making the Ixquisis micro-region a place where indigenous men and women can once again develop their life in harmony with nature, and alongside their community.

November 11 2021 Indigenous Rights, Climate Change, Human Rights

"Portraits of a feminist energy transition"

The energy transition is essential and underway, but what are the risks and opportunities that the green energy revolution represents for the realisation of women's rights? How can we prevent the replication of extractive practices commonly associated with fossil industries? How can we promote renewable energy models that promote women's participation and the eradication of energy poverty? The series "Portraits of a Feminist Energy Transition" seeks to showcase the stories of women activists and human rights defenders advcating for a just energy transition. A new energy system that protects the environment, advances gender equality and provides safe, affordable and sustainable access to energy. Although women play a critical role in the management and use of energy resources in households and their communities, they face common challenges linked to systemic discrimination, energy poverty and lack of representation in the development of the new renewable energy sector. We cannot accelerate the move towards sustainable energy systems without bringing to the centre the voices of women and communities who have historically been left behind in energy decision-making spaces. In the context of COP26 and when discussing an energy transition that involves an unprecedented technical and technological shift from one source of energy to another and counteracting the effects of climate change, the civil society organisations, Global Initiative for Economic, Social and Cultural Rights (GI-ESCR) and the Interamerican Association for Environmental Defense (AIDA), with the support of FES-Geneva, launch the first video in the series that tells the story of Maria, an indigenous woman from the Maya Chuj ethnic group living in the Yich K'isis micro-region of Guatemala. It is only through women's stories and experiences that we can reduce the potential risks of the energy transition and catalyse the transformative power of renewable energy to advance gender equality and a low carbon future for all. Listen to María’s story!

October 13 2021 Large Dams, Indigenous Rights, Freshwater Sources

Historic recommendation paves the way for development bank to exit harmful hydroelectric projects in indigenous territory

For the first time, a case brought before the Inter-American Development Bank’s (IDB) Independent Consultation and Investigation Mechanism (MICI) opens the possibility for the bank to responsibly exit financing granted to hydroelectric projects, after concluding that the investment was made without acknowledging the presence of indigenous peoples, thus violating the bank’s operational policies. Washington DC, United States. The Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank Group concluded that, within the framework of the financing granted to the Generadora San Mateo and Generadora San Andrés hydroelectric projects—located in the Yich K'isis micro-region, territory of the Native Maya Chuj Guatemala Nation—IDB Invest ignored the presence of indigenous peoples in the area by failing to verify their existence, thus ruling out the implementation of safeguards to protect them. MICI also established that the Bank failed to comply with several of its internal policies and, based on this, opened the possibility for a responsible withdrawal of the investment. These and other findings are contained in the case’s Final Report, approved by the IDB Board of Executive Directors, in which MICI resolved the complaint filed in 2018 by the affected communities—represented by the Ancestral Plurinational Government of the Maya Q'anjob'al, Maya Chuj, Maya Akateko, Maya Popti and Mestiza Native Nations; the Interamerican Association for Environmental Defense (AIDA); and the International Platform Against Impunity. Of the 29 recommendations issued in the report: 10 are aimed at institutional changes to avoid non-compliance with environmental and social safeguards in other IDB Invest operations; 18 are focused on implementing specific corrective actions to redirect the San Mateo and San Andrés projects; and one of them, number 29, opens the possibility for IDB Invest to withdraw its investment from the hydroelectric plants. "In case of exit from the Projects, IDB Invest should adopt the necessary provisions to ensure a responsible exit from Operations," the report reads. "Recommendation 29 is the most consistent with the findings of the Final Report and the one that best responds to the request that the communities have made since the beginning of the process: it is unsustainable for IDB Invest to finance projects that were developed in indigenous territories while ignoring their presence," said Liliana Ávila, senior attorney at AIDA. "In an effective accountability process, the bank must be held responsible for its mistakes and remedy the damage it has caused." This represents a milestone for the region, as it is the first time that MICI has made such a consistent recommendation regarding projects under investigation. The recommendation demonstrates improvements in the bank's accountability processes, increases opportunities for communities affected by IDB Group-financed projects, and sets a precedent for better financing practices. "The report sets a precedent for accountability in the region. It puts MICI and the compliance verification phase one step closer to responding to the requests and demands of affected communities," said Carolina Juaneda, Latin America Coordinator for the Bank Information Center. "Recommendation 29 is a novel and encouraging development, as it puts the requests and demands of the communities that have been negatively affected by the projects at center stage. Although there are still many challenges to continue working on, the report undoubtedly represents a clear and powerful step toward strengthening accountability in the region." For the communities, it is through full compliance with Recommendation 29 that their primary request may finally be answered. The bank’s divestment from the dams must incorporate a responsible, participatory and comprehensive withdrawal plan that respects the good faith consultation carried out in 2009, in which the communities decided not to carry out the such projects in their territory. The plan must include: 1) recognition and restoration of social and cultural damages caused; 2) respect for the rights of indigenous peoples and recognition and restoration of the damages generated; 3) recognition and restoration of the damages generated by the differentiated impacts on women; and 4) prevention, mitigation and restoration measures from an environmental perspective. "The measures proposed in Recommendation 29 should have been part of the project planning phase. By not having considered them in its initial phase, a series of impacts and damages to the community were generated," stated Mara Bocaletti, Regional Director of the International Platform Against Impunity. "Only a responsible exit process by the investors will be able to restore the conditions of credibility towards the accountability mechanisms of international financial institutions." Another of the communities' expectations is that the IDB Group will guarantee their access to information and participation in the following phases of the process, which would allow the effective guarantee of their rights and the improvement of the bank's protection strategies. "This report is very valuable because it recognizes the impacts generated by the projects and validates the complaints we have been making for years. It is an important report not only for us, but for all indigenous peoples in Guatemala," said Lucas Marcos, local authority. "The bank's responsible withdrawal from the projects will allow us to maintain our rivers and access to water for us and our families." In addition to non-compliance with the IDB's policy on indigenous peoples, MICI concluded that the development of the San Mateo and San Andres projects caused differentiated impacts on women, environmental impacts, increased conflict, and harm to the social fabric. It also found that the bank did not guarantee access to information for the communities. "It is a serious wrongdoing that the bank has prioritized the advancement of these projects despite failing to comply with its internal requirements, to the detriment of our life as communities and ignoring our presence as indigenous peoples," said Rigoberto Juarez, Coordinator of the Plurinational Government of the Maya Q'anjob'al, Maya Chuj, Maya Akateko, Maya Popti and Mestiza indigenous nations. "Our individual and collective rights cannot be undermined in the face of private interests; consequently, a responsible withdrawal is the least the bank can do in the face of the magnitude of the damages caused. We hope that this will not happen again in other cases, and that the bank will assume its responsibility to respect the rights of indigenous peoples." The outcome of this complaint, as well as the international attention surrounding the case, is the result of a process of organization and resistance undertaken by the Mayan men and women of Yich K'isis upon being faced with of the imposition of large-scale hydroelectric projects, developed without due diligence and without consultation. For years, they have been demanding respect for their ways of life, and the value they hold for their water and their culture. The MICI report, apart from supporting the allegations of the affected communities regarding the violations of their rights, also sets an important precedent for Guatemala. This decision should be taken into account on a national level to address the countless irregularities and rights violations denounced throughout the country in the context of the implementation of mega-development projects, specifically large dams. press contacts Victor Quintanilla (Mexico), AIDA, [email protected], +525570522107 Camila Castellanos, International Platform Against Impunity, [email protected]