Indigenous Rights

Inter-American Court upholds indigenous rights in Argentina

In Argentina’s Rivadavia department, along the border of Bolivia and Paraguay, the lands have been inhabited by indigenous people for at least 60 years. Communities there subsist primarily from hunting, gathering, and fishing. Many of these ancestral peoples have been battling for governmental recognition of their land rights since 1984, when the country’s transition from dictatorship to democracy began. This lack of recognition has had profound impacts on the lives of indigenous inhabitants, affected by changes in their land and its use. As Creole families settled in the area, they brought their own customs and economic activities, such as animal grazing and illegal logging. Barbed wire fence was erected without consulting indigenous populations, and an international bridge was built that crosses into their land. These developments have changed how the indigenous people eat and disrupted their access to water, threatening their very cultural identity. With no protection from the Argentine government, in 1998 a coalition of indigenous groups took their struggle before the Inter-American Commission on Human Rights. Grouped in the Lhaka Honhat (Nuestra Tierra) Association—made up of Wichí (Mataco), Iyjwaja (Chorote), Komlek (Toba), Niwackle (Chulupí) and Tapy'y (Tapiete) indigenous peoples—, they were represented by the Centre for Legal and Social Studies. In 2012, the Commission issued its Merits Report, establishing the violation of indigenous communities' rights and recommending that the State adopt reparation measures. When Argentina failed to comply with the provision, the case was referred to the Inter-American Court of Human Rights. On April 2, 2020, the Court’s decision declared Argentina responsible for the violation of the indigenous peoples’ rights to community property, cultural identity, a healthy environment, and adequate food and water. The ruling marks an important milestone in the struggle for indigenous rights. It is the first time that the Court, in a contentious case, has analyzed these rights autonomously on the basis of Article 26 of the American Convention, and ordered specific measures for their restitution, including actions for access to food and water, the recovery of forest resources, and the recovery of indigenous culture. Actions for Reparation Among other implications, the Court's decision could lead to solutions to the health issues afflicting the indigenous communities of Lhaka Honhat. The violation of their rights to food and water has caused deaths from malnutrition and dehydration. The Court demanded that the State present a study within six months that identifies critical situations of lack of access to drinking water and food, formulates a plan of action to address them, and begins its implementation. It also ordered the creation and implementation of a community development fund within a period of no more than four years. As for the territory, the State shall, within a maximum period of six years: Delineate, demarcate, and grant a single collective title without subdivisions or fragmentations for the indigenous communities. Transfer the Creole population out of the indigenous territory through specific mechanisms that promote, above all, voluntary transfer. Remove barbed wire fences and livestock belonging to Creole settlers from indigenous lands. Refrain from carrying out acts, works or undertakings in indigenous territory. Additionally, the Court requested the adoption of legislative and/or other measures to provide legal certainty to the right to indigenous community property in Argentina. Supporting the Indigenous Struggle In March 2019, AIDA helped author and amicus brief in support of the climate of the indigenous communities of the Lhaka Honhat Association. We did so alongside our allies on the litigation group of the International Network for Economic, Social and Cultural Rights (ESCR-Net), including Amnesty International, the Asociación Civil por Igualdad y Justicia, the Colombian Commission of Jurists, Dejusticia, FIAN International, International Women's Rights Action Watch - Asia Pacific, and the Minority Rights Group International. Our arguments highlighted the importance of recognizing economic, social, cultural, and environmental rights as real enforceable rights—similar to others such as the right to life or personal integrity—due to their independent and indivisible nature. In this sense, AIDA recalled the important advance that the Court promoted with Advisory Opinion 023, which recognizes the right to a healthy environment as fundamental to human life. Our brief called on the government to respect the rights of indigenous peoples—as outlined in Article 26 of the American Convention on Human Rights—to a healthy environment, food and water, and cultural identity. The Court's decision establishes an important regional precedent for the protection of the environment in the Americas. It contributes to the consolidation of standards to protect the land of indigenous communities, as well as their rights to a healthy environment, water and culture.   

Reports sent to the UN and IACHR on the situation of indigenous peoples in Brazil and Colombia under the threat of COVID-19

In the face of the global health crisis resulting from COVID-19, the reports seek to draw the attention of the United Nations Special Rapporteur on the Rights of Indigenous Peoples and the Inter-American Commission on Human Rights to the special vulnerability of indigenous peoples in Brazil and Colombia. The reports highlight that, beyond the low immunity of these peoples, many State practices are putting them at even greater risk. Althoughthe right to health of indigenous peoples is already at risk in normal contexts, their vulnerability is exacerbated in exceptional situations, such as disasters. Because of its severity, the effects of a global pandemic should becomparable to the level of social disorder resulting from a disaster. Thus, in the face of the current COVID-19 pandemic, access to health services by many indigenous communities is made even more difficult by the overcrowding of health care posts and the restriction of transport and roads. According to the Inter-American Commission on Human Rights, "pandemic processes produce disproportionate impacts on populations with the greatest difficulties of access to health care facilities and technologies within countries, such as indigenous peoples". The IACHR "reminded states of their duty to provide special protection for indigenous peoples and the importance of providing them clear information about the pandemic in their traditional language, whenever possible". In addition, the IACHR madea special call to States "to observe the utmost respect for noncontact with indigenous peoples or segments of indigenous peoples living in voluntary isolation, given the grave effects that contracting COVID-19 could have on their survival". Brazilian indigenous people are even more exposed to COVID-19 due to structural problems in health care in Brazil. The scrapping of the Indigenous Health Secretariat, which is responsible for the care of more than 765,000 indigenous people in the country, has been denounced since last year by indigenous entities. The weakening of indigenous institutions will likely cause a dramatic impact on these populations during the pandemic. According to the information available from the Territorial Monitoring System of the National Indigenous Organization of Colombia (ONIC), 67% of the indigenous territories that reported information have no health personnel, and 73% have not received any training on the pandemic. No community reported having biosecurity elements for the containment plan and 90% do not have drinking water. With regard to the availability of food for the indigenous communities to face the isolation stage, it is reported that only 30% of the 205 communities that provided information stated that they had their own food; 79% of these reports state that they do not have food reserves for the time of isolation within their territories.   report for the un on Brazil (in english) report for the un on Colombia (in spanish) report for THE iachr on brazil  (in portuguese) report for the iachr on Colombia (in spanish)  

Take Action: For Water, Against Destructive Dams

  For Maria and the other women of Ixquisis, the river is a special place.  There, they meet and wash clothes, talk about their families, their to-do lists, their joys and their worries. However, life in Guatemala's microregion of Ixquisis has changed dramatically in recent years. Several large dams are being constructed in the watershed, including the Pojom II and San Andrés dams, both of which were financed by a private lending arm of the Inter-American Development Bank (IDB). Even before completion, dam construction has resulted in water scarcity and the contamination of these long-cherished rivers. Fish are no longer abundant, and stomach and skin diseases have become commonplace. To make matters worse, the people of Ixquisis no longer feel safe. For speaking out against the dams, the women live in fear of retaliation — be it against themselves, their husbands or their children. However, despite the risks, they will not be silenced. The women of Ixquisis need your support. Sign the petition and stand with Maria and the women of Ixquisis to call on the Inter-American Development Bank to divest from the dams that are polluting their water and threatening the health and safety of their community.

Fact Sheet: Mayan women in defense of their rivers

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Why are women so important to the pursuit of environmental justice?

Women have long played a fundamental role in the conservation and defense of the planet. Past and present struggles for environmental justice and the defense of animals have been, to a large extent, led by women. Yet the close relationship between women and the environment has not escaped the inequalities that characterize today’s societies.  Poverty, exclusion, and inequality are intertwined with environmental degradation and the climate crisis. Women, in general, suffer these plagues in a differential and aggravated manner. In natural disasters, for example, women often experience higher mortality rates than men.  Due to the role women play in their communities, they are often less equipped with mechanisms to help them respond to emergencies that result from disasters. They are less likely to know how to swim or climb trees. They are more likely to be responsible for young children or older members of the family. They are more likely to wear clothing that makes it difficult to quickly react to a crisis situation. Furthermore, for historical and cultural reasons, women are less likely to have access to information or be able to participate in situations that affect their right to a healthy environment. They also are less likely to have access to the mechanisms for addressing injustices or repairing damages from catastrophes. Women who do take on roles in the public sphere, participating in public issues, are more likely to take on additional responsibilities that, generally, a man in the same situation would not have to assume.  And, at the same time, they confront more intense risks and greater obstacles to the development of their leadership.  In this context, the gender focus—defined as the mechanism developed to guarantee holistically valuing the impact any action has on men, women, and those who identify between those categories—is fundamental to making asymmetries visible, overcoming barriers of discrimination, and removing scenarios of exclusion that impede women’s ability to enjoy their right to equality.  The gender focus seeks to ensure that those challenges are included in the design, implementation, monitoring, and evaluation of each intervention on a political, economic, and social level. The gender perspective is indispensable to empowering the leadership of women, which is proving increasingly vital in the struggle for environmental justice. In effect, the development of ecofeminist theories offers the world new and transformative alternatives to the ways of thinking that are bringing about the destruction of our environment and negatively affecting the lives of men, women, and other living things.  Women are more than simply the most affected by the climate crisis. They also are active participants with a vital role to play in preserving nature and seeking solutions for the health of our planet.  

Preserving the legacy of the Sierra Nevada de Santa Marta, Heart of the World

AIDA Statement on the Situation in Ecuador

The Interamerican Association for Environmental Defense (AIDA) recognizes the positive steps made in Ecuador through the United Nations-mediated dialogue between the government and the indigenous movement.  The mediation follows weeks of conflict stemming from the government’s elimination of diesel and gas subsidies through decree 883. In a context of global climate emergency, it is necessary to eliminate subsidies for fossil fuels and any other market distortion that promotes their continued exploitation and use. However, no measure will be successful if it is not done with full awareness of the impacts it implies for the most vulnerable segments of the population, directly affected by increased prices of transportation and consumer goods. The energy transition must be progressive and respectful of human rights. Only in this way will we be able to move towards true climate justice. Measures such as those adopted in Ecuador must also be framed within proper planning, aimed at moving towards a low-carbon economy, as well as reducing dependence on oil, large-scale mining and other sectors that contribute to the climate crisis. AIDA commends the commitment of the government and the indigenous movement to developing a new decree in a joint and participatory manner. The recent conflict demonstrates the need to strengthen a plurinational and multicultural State, where decisions are discussed and agreed upon with indigenous peoples and all national actors. Ecuador now has the opportunity to set a key precedent at the global level by designing comprehensive policies that support the fulfillment of its climate commitments and at the same time respect and protect its people, especially vulnerable groups. We hope that the dialogue will be successful and will serve as an example of the collective construction of climate solutions to ensure participation, respect for human rights, gender equity and, in short, the well-being of present and future generations. press contact: Victor Quintanilla (Mexico), [email protected], +5215570522107  

Coal or life: Walking where a stream once ran

The appointment was on a hot Sunday in July. Together with Wayuu indigenous and Afro-descendant communities displaced by coal mining, members of social and human rights organizations, employees of Cerrejón, and government officials, I walked for more than five hours over the barren land where the Bruno Stream once ran. What I saw in my path were the remains of snails that died of thirst, stuck to the mud, and the lifeless body of a tigrillo that showed us so clearly what mustn’t happen again. The Bruno is a vein of water that once irrigated the department of La Guajira, located in Colombia’s far north, a region hit years ago by extreme drought. It is a major tributary of the Ranchería River, one of the department’s most important water sources, and forms part of the underground water systems that have long given life to the region’s communities. It was painful to walk where the Bruno once flowed free, and to think—while doing so—that what is now a dry riverbed was once abundant with life. That Sunday, we also toured the area intended to be the artificial channel of the stream. In 2014, the National Environmental Licensing Authority authorized Cerrejón to divert 3.6 kilometers of Bruno’s flow to favor ongoing coal exploitation in La Guajira. Several things made on impact on me that day. One of them was that, although the rivers belong to us all and natural water sources are public, we were accompanied the entire time by employees of the company. While walking the stream, we entered the land “owned” by the coal-mining concessionaire. Communities that used to travel freely along the banks of the stream can no longer do so today. Although the Bruno is one of few streams in Colombia’s driest department and one of the scarce sources of fresh water for communities living there, its channel was clogged and diverted to facilitate mining. An engineering project has altered one of the most important streams for a thirsty region and created an artificial path through which not a single drop of water flows. “If they carry water, they’re rivers; if not, they’re roads,” a verse from Guatemalan indigenous poet Humberto Ak’abal teaches us. The new “channel” of the Bruno is not a river, but “a barren road” attesting to the deterioration of a sensitive ecosystem. The “road” does not recover or mitigate the damages from the stream’s diversion. On the contrary, it produces new ones. The world is facing a climate crisis, and coal mining is one of its primary causes. While many countries are replacing the use of coal in their energy matrices with cleaner options, Colombia has decided to dry up a river to exploit more and more coal. Walking paths of justice The day after the walk, the frustration of the absurd did not prevent me from embracing a glimmer of hope. On Monday, I joined representatives of indigenous communities and local organizations at a public hearing convened by several Congressmen to discuss what happened with the Bruno. The strength and dignity of their words, in which decades of resistance were encrypted, fed my soul. “This territory is ours, our rivers are our life and we care for life—for our children, for our present, for our future and that of the world.” As it has done many times before, La Guajira spoke to the country and the world. They told the Congressmen that it’s not possible to prioritize the use of water for mining over human consumption. They warned that the country must transition to an energy production that doesn’t cause the damages that coal mining has to the climate, human rights, and the species and ecosystems that sustain us. The stream must return to its channel, the snails must drink again from its waters, and no tigrillo should die due to the intentional destruction of its natural habitat. In a 2017 ruling, the Constitutional Court demonstrated that uncertainties exist as to the environmental and social impacts of the Bruno Stream riverbed modification project. The Court ordered the creation of an Inter-Institutional working group to resolve the complaints of the affected people. Communities will continue to demand compliance with that ruling and demonstrate that the uncertainties are, in fact, certain damages that will continue to undermine their lives. AIDA, along with our partner organizations, will continue to accompany this struggle to demonstrate the harms of coal mining and promote clean alternatives that respect both people and the environment.  

Infographic: Lakes Poopó and Uru Uru, at-risk Bolivian wetlands

Located in the central-eastern Bolivian highlands, lakes Poopó and Uru Uru are important sources of water for indigenous and rural communities and the area's planet and animal life.  Both ecosystems, considered Wetlands of International Importance under the Ramsar Convention, are at serious risk due to mining activity, river diversion and the climate crisis.  

Communities request international support to save Bolivia’s Poopó and Uru Uru lakes

Local communities and organizations call on the Ramsar Convention to visit the lakes and issue recommendations for their preservation. The lakes are at grave risk from mining, river diversion and the climate crisis, threatening the subsistence of indigenous communities and the region’s unique plant and animal species. La Paz, Bolivia.  Local communities along with a coalition of organizations request that the Ramsar Convention, an intergovernmental treaty for the protection of wetlands, send an expert mission to evaluate the health of lakes Poopó and Uru Uru, and issue recommendations to the Bolivian government for the urgent recovery of these key ecosystems. “The Ramsar Convention’s specialized knowledge on wetlands can be of great use to save lakes Poopó and Uru Uru,” said Carlos Lozano Acosta, senior attorney with the Interamerican Association for Environmental Defense (AIDA). These lakes are an important source of water for the plants and animals of the Central-Eastern Bolivian highlands, particularly for several endemic and migratory bird species. Lake Poopó is the second largest lake in Bolivia, after the iconic Lake Titicaca. Together, the lakes host the largest number of flamingos in the Bolivian highlands and, quite possibly, in the entire high Andean region of South America. These highland ecosystems are also home to unique species such as the Titicaca grebe (Rollandia microptera), an endangered species of flightless bird. The lives and livelihoods of peasant and indigenous populations—including Quechua, Aymara, and Uru Murato communities—depend on the preservation of lakes Poopó and Uru Uru. The Uru Murato are known as the “people of water” due to their dependence on the lakes, and are among the oldest native indigenous communities in Bolivia. “It was precisely to preserve the lakes that, in 2002, the government registered Poopó and Uru Uru as wetlands of international importance under the Ramsar Convention,” explained Sergio Vásquez, director of the Andean Communication and Development Center (CENDA). “As such, we ask that Ramsar support the Bolivian government in the protection of these and other high Andean wetlands.” In December 2015, the water levels of Lake Poopó were reduced to such a degree that the body of water actually disappeared, in what is now considered one of the largest environmental catastrophes in the country. The causes were various: sedimentation produced by mining activity; the diversion of the lake’s tributary rivers; and natural phenomenon aggravated by the climate crisis. Although the lake’s levels have since increased in times of rain, the situation remains critical during the dry season. “We’re requesting that Ramsar experts identify measures to strengthen the surveillance and monitoring of these ecosystems,” said Angela Cuenca, of the Coordinated Collective for Socio-Environmental Actions (CASA Collective). “We’d also like them to recommend mitigation and restoration actions for the damages caused by mining activities.” The degradation of lakes Poopó and Uru Uru directly affects the wellbeing of the people who depend on them, causing harms to public health, particularly among women, girls and boys. The grave situation of the lakes forced the Uru Murato people, previously dedicated to fishing, to migrate for work in the mines, placing them among the region’s first climate refugees. “We indigenous and rural women live and feel the effects of pollution and the lake’s disappearance, because we are responsible for feeding and sustaining our families,” explained Margarita Aquino, from the National Network of Women Defenders of Mother Earth (RENAMAT). “These water sources are vital for our communities and for Mother Earth Press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107