Indigenous Rights

COVID-19 Response: The importance of providing special protection to indigenous peoples and Afro-descendants

Indigenous and afro-descendant peoples in Latin America and the Caribbean have been essential actors in the protection of nature, of key ecosystems and, in short, of the lives of all beings that inhabit the planet. At the same time, they have historically suffered discrimination, exclusion and the violation of their rights, seeing their survival threatened. According to the International Labor Organization’s report, Towards an Inclusive, Sustainable and Fair Future, Latin America is the region with the highest proportion of indigenous and tribal groups living in extreme poverty. In the context of global health crisis caused by the COVID-19 pandemic, the vulnerability of indigenous and afro-descendant peoples in the region has increased for at least three reasons. 1. The pandemic aggravates the lack of access of ethnic communities to their economic, social, cultural and environmental rights Both the United Nations and the Inter-American Human Rights System have drawn attention to the indivisibility and interdependence of all human rights. However, ethnic communities have historically faced the absence of guarantees for the enjoyment of their economic, social, cultural and environmental rights. Many of these peoples do not have effective access to health, sanitation and social security services. And due to deforestation and the advance of the agricultural frontier in their territories, they face increasing challenges in ensuring their food sovereignty, confronting new diseases, and adjusting their traditional medicine systems. In addition, several of them have serious problems accessing indispensable goods such as water and food. The barriers to accessing these services under quality conditions have become greater with the current health crisis, making these populations more vulnerable and putting their very survival at risk. This is an overwhelming reality for the region. In a recent statement, the Inter-American Commission on Human Rights (IACHR) expressed its concern by stating that, at the local level, "pandemic processes produce disproportionate impacts on populations with greater difficulties in accessing health structures and health care technologies within countries, such as indigenous peoples…” At the regional level, COICA (Coordinating Body of Indigenous Organizations of the Amazon Basin) declared a state of emergency in the face of the health crisis. In Guatemala, the International Commission of Jurists denounced that indigenous peoples "face the risk of suffering the destructive effects of the COVID-19 pandemic, due to historical and systematic discrimination against them" and that in the current crisis "they do not have access to clear and simple information on how to protect themselves from the pandemic and how to be protected during the emergency by the Health System." Indigenous leaders in Peru denounced food shortages and deficiencies in health care, calling for the supply of essential items in communities and the definition of protocols for carrying supplies. In Colombia, the National Indigenous Organization of Colombia (ONIC) reported that more than 191,000 indigenous families are at risk of infection and that for nearly 513,000 families the humanitarian crisis due to the pandemic is imminent. In addition, the National Conference of Afro-Colombian Organizations said that their population is at high risk and that "the majority of Afro-descendant territories do not have a network of equipment and personnel that would allow them to properly attend to potential affected persons." The situation in Brazil is the same. Out of 471 indigenous lands, 13 have critical vulnerability indexes regarding the pandemic. In the states of the Legal Amazon, 239 indigenous lands have intense or high vulnerability indexes. In general, the index varies between moderate, high, intense and critical. In addition, less than 10% of Brazilian municipalities with indigenous lands have beds available in the Intensive Care Unit and the indigenous health system only treats common diseases. Without guidance from the health departments, many indigenous groups are taking preventive measures on their own to prevent the pandemic from reaching their territories. Such measures include voluntary isolation, hygiene campaigns, and suspension of large mobilizations, events and travel; there has even been a closure of traffic between villages to prevent the spread of the disease. 2. Ethnic communities require differentiated measures, but the response of States remains insufficient In various countries of the region, indigenous communities are reporting that the measures taken by authorities in response to the pandemic have been precarious and culturally inadequate because they do not consider the uses and customs of these peoples. The IACHR and the Rapporteurship on Economic, Social, Cultural, and Environmental Rights have reiterated that States must adopt culturally appropriate, timely, and effective responses to guarantee the rights of indigenous peoples in the face of the pandemic. The IACHR reminded States of their obligation to provide "special protection" to the indigenous population, as well as " the importance of providing them clear information about the pandemic in their traditional language, whenever possible.” It also referred to Afro-descendant and tribal communities, highlighting the need for their situation “to be made visible in the context of this pandemic, especially to include an ethnic-racial perspective with an intersectional approach in all response measures implemented both in the level national, as in the regional responses that can be articulated.” In Mexico, the Mayan Community Collective of Hopelchén publicly denounced the Mexican government for the lack of implementation of an official strategy to inform Mayan indigenous peoples about the risks they face in the face of the health crisis. In Ecuador, the WHO warned of the lack of protocols for indigenous peoples and nationalities in the face of the pandemic.  It noted that it is essential that social food programs reach these communities and the rural sector, and that prevention campaigns reach them in their own languages. The situation is aggravated by the poor connectivity of many of these peoples, who lack land, air and/or river routes. This hinders their mobility and access to social services, the internet and information about the pandemic, including state measures taken and self-care actions to be implemented. 3. The territorial rights of indigenous and Afro-descendant communities continue to be violated In the midst of the sanitary emergency and the confinement decreed in several countries of the region, governments and other actors have adopted measures or promoted initiatives that ignore the right to prior consultation, cause the relaxation of environmental requirements for high-impact development projects, and favor the lack of effective guarantees for citizen participation in environmental matters. In Colombia, the national government promoted virtual prior consultations. The National Commission on Indigenous Territories and several human rights organizations rejected the initiative, which was finally repealed. However, concern persists over the request made by businesspeople to the government for the relaxation of environmental permits in the country, a vital instrument for protecting the environment and indigenous territories. In Brazil, the pandemic's threats to indigenous communities are compounded by the invasion of indigenous territories and increased violence and threats to their leaders. In Roraima, Mato Grosso and Bahia, indigenous peoples blocked roads and built barriers to prevent invaders from entering their lands. These risks also come from the State. The National Indian Foundation (FUNAI) published an administrative act promoting the recognition of boundaries of private property on indigenous lands. This is intended to allow the issuance of property titles to invaders on indigenous lands, legitimizing their actions. In Mexico, organizations and communities denounced the federal government’s continuation of the so-called "Mayan train" project despite the fact that its construction is non-essential in the context of the pandemic. The project puts at risk the population in charge of its construction and prevents access to information and justice for communities given the suspension of deadlines in state institutions and the impossibility of resorting to appropriate judicial mechanisms. In Bolivia, the National Coordinator for the Defense of Indigenous and Peasant Territories and Protected Areas stated that indigenous peoples are vulnerable not only to the coronavirus, but also to what will come next: "a big hole in the global economy" and, therefore, "an excuse for more attacks on nature, indigenous territories and the natural protected areas where they are located.” On this issue, the IACHR reiterated to the States " the importance of recognizing the territorial rights of collective property to the Afro-descendant communities and guaranteeing them the effective right to free, prior and informed consent and consultation, respecting their free self-determination.” It also urged States to " refrain from promoting legislative initiatives or projects that affect ethnic territories during the duration of this pandemic, due to the impossibility of carrying out said consultation processes.” Towards emergency health care that respects the rights of indigenous peoples and people of African descent Indigenous peoples and people of African descent represent one of the continent's most important assets. Their millenary residence and their worldview—which respects nature and the beings that inhabit it—have been and are an invaluable legacy. They will be an indispensable element in promoting reflections on the global health and ecological crises that we face.  The contributions of ethnic communities and their ancestral knowledge, which have transcended time and contributed to the survival of the planet, are essential for the implementation of preventative and care measures related to the pandemic. This is what the President of the Permanent Forum on Indigenous Issues emphasized: “Indigenous peoples can contribute to seeking solutions. Their good practices of traditional healing and knowledge, such as sealing off communities to prevent the spread of diseases and of voluntary isolation, are being followed throughout the world today.” Protecting these peoples so that the pandemic does not threaten their lives and integrity is a moral and historic duty, and an international obligation of all States. It is therefore imperative that States: Promote special care plans and emergency protocols for ethnic communities and other vulnerable populations, with a human rights approach and from a differential perspective. Support the initiatives that some Afro-descendent peoples and indigenous communities have taken to deal with the crisis of the pandemic on the basis of self-government and autonomy, including strategies of voluntary isolation, the use of traditional medicine and the conduct of internal information and communication campaigns. Refrain from promoting measures that disregard the territorial rights of indigenous peoples and people of African descent. AIDA urged States to suspend the approval of environmental and other official permits for sensitive projects unrelated to the response to the health crisis, until human rights can be adequately guaranteed. Suspend prior consultations until conditions are in place to guarantee the rights of indigenous peoples. Suspend bills and initiatives that weaken the integrity of indigenous territories, as well as the progress of any development project or extractive activity on indigenous or Afro-descendant lands that could have negative effects on the life or integrity of these peoples.  

Comunidades mayas de Yucatan enfrentan grandes riesgos en COVID y deforestación

La península de Yucatán está experimentando múltiples problemáticas en el contexto del COVID-19 según denuncian organizaciones sociales del territorio.   Las principales problemáticas se refieren a: la falta de implementación de una estrategia oficial para informar y atender junto con los pueblos indígenas los riesgos que enfrenta el pueblo maya en el contexto del COVID-19, la falta de atención a incendios forestales y deforestación indiscriminada en la península de Yucatán, al parecer asociada a la ampliación de la frontera agrícola industrial y al avance del proyecto del Tren Maya, sin la garantía de acceso a información y a la justicia para las comunidades indígenas, y poniendo en riesgo a la población encargada de su construcción.   8 de abril del 2020 -  El Colectivo de Comunidades Mayas de los Chenes, organización campesina ubicada en el municipio de Hopelchén en el estado de Campeche; exigió al gobierno mexicano que se genere una estrategia adecuada para enfrentar el #COVID19, con acceso a la información adaptada a los usos y costumbres de las comunidades indígenas. Según el colectivo uno de los sectores con mayores riesgos es el de las y los jornaleros agrícolas. La producción a gran escala de hortalizas y granos en el municipio requiere del empleo de esta mano de obra en los campos de cultivo de empresas privadas y campos menonitas. Este grupo es altamente vulnerable, carece de derechos laborales y tampoco tiene acceso a servicios médicos. Por esta razón es importante que las autoridades gubernamentales de todos los niveles de gobierno implementen medidas para la reducción de riesgos de contagio tanto en las comunidades como en las zonas de trabajo de estos jornaleros. La gran movilidad de grupos de personas de un lado a otro del municipio pone en riesgo a las comunidades, y no se está tomando ninguna medida para prevenir contagios.  Ver su video   15 de abril del 2020 - La Alianza Maya por las Abejas (Kaab Nalo´on), que integra a tres mil 500 familias de apicultores y apicultoras de la Península de Yucatán hizo un llamado urgente a las autoridades para que se hagan responsables de los incendios que están afectando miles de hectáreas de selva en la región y a los modos de vida de la población campesina maya de la región e indirectamente a todos y todas. Firma su petición    La comunidades se buscan :  La implementación de un programa gubernamental para la prevención y atención del COVID-19, que se concerté y adecué a los usos y costumbres de las comunidades Maya de Hopelchén y de la Península de Yucatán.   La implementación de medidas por parte de los tres niveles de gobierno para prevenir, atender y supervisar los incendios y la deforestación que se están dando en la península; la creación protocolos de atención, alerta y denuncias más eficientes; se sancione a los responsables de los incendios forestales y el cambio de uso de suelo, y se priorice dentro de sus agendas protocolos de defensa y protección de los bosques y selvas.   

Applauding the exclusion of Eletrobras from Norwegian oil fund

The Council on Ethics, which governs the world's largest sovereign wealth fund, recommended the exclusion due to the participation of the Brazilian state-owned company in the Belo Monte hydroelectric project, which is associated with serious human rights violations against indigenous peoples. On May 13, the Norwegian oil fund, considered the world's largest sovereign wealth fund, excluded twelve companies from its investment portfolio for ethical reasons, including Brazil's Eletrobras for its participation in the Belo Monte hydroelectric project.  The fund is managed by the public bank Norges Bank Investment Management, which follows the recommendations made each year by the Ethics Council to ensure that investments meet certain criteria. The Council noted that the Belo Monte project, run by the Norte Energia consortium - of which Eletrobras is a part - caused "greater pressure on indigenous lands, the disintegration of the social structures of indigenous peoples and the deterioration of their ways of life" with the forced displacement of some 20,000 people. AIDA - as part of a joint civil society effort - informed the Council of the situation of the indigenous and riverine populations affected by the project, its social and environmental impacts, the operational situation of the dam, and the current status of national and international legal actions brought against the project. We believe the Council's decision should be applauded because it discourages the continuation of unsustainable and ill-named development projects that threaten the survival of indigenous and traditional peoples, as is the case with Belo Monte. It is essential that banks, international financial institutions and monetary funds take into account the likely impacts of the projects they finance. Supporting socially and environmentally sustainable projects instead of initiatives that prioritize economic benefit over the protection of human rights and the environment demonstrates responsible and ethical investment. PRESS CONTACT Victor Quintanilla, [email protected], +5215570522107

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