Indigenous Rights

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  

International tribunal supports indigenous struggle for the Amazon

“The most beautiful jungle in the world,” wrote Alcides D’orbigny, a French biologist, of the Isiboro Sécure Indigenous Territory and National Park (known locally as Tipnis, for its Spanish initials) in the 1830s. Located between the departments of Beni and Cochabamba, Tipnis is a natural protected area that extends over 12,363 square kilometers of Bolivian Amazon. It’s one of the world’s most biodiverse sites and home to many indigenous cultures—among them the Mojeño Trinitarios, the Tsiman and the Turacaré.  Despite its recognition as a National Park and Indigenous Territory, the area has for decades been threatened by a proposed highway that would effectively divide it in two. The construction would cause grave social and environmental damages, some of which have already occurred—two of three proposed stretches of road have already been built.  As long as the highway has been proposed, the indigenous people of Tipnis have stood strong in their resistence, calling to protect the rainforest and the life it holds. Their efforts paid off last month in a precedent-setting legal victory for the protection of human rights and the environment.  The International Rights of Nature Tribunal ruled that the Bolivian State had “violated” the rights of nature and of the indigenous people that inhabit Tipnis by encouraging the highway’s construction.  The Tribunal was created in April 2010 at the People’s Conference on Climate Change and the Rights of Mother Earth, when the Universal Declaration of Rights of Mother Earth was also signed.  Its role is to establish and investigate any violation of the rights outlined in the Declaration and found in the internal laws of each country. The Tribunal determines whether there was a violation and, if so, who was responsible. It emits recommendations, advisory opinions, and can determine provisional measures.  Indigenous defense of the Bolivian Amazon The proposed highway through Tipnis has spurred strong indigenous resistance, and has also caused great suffering. The most painful incident happened in 2011 when more than 100 indigenous people marching on La Paz, headquarters of the Bolivian government, were brutally repressed by police. Despite the conflict, that demonstration achieved the enactment of a law that bestowed the national park the status of “intangible zone” or absolute reserve. Unfortunately, six years later, that law was null and void when the government enacted a new law through more expeditious process.  Tipnis indigenous representatives denounced this and other acts before the International Rights of Nature Tribunal, which agreed to consider the case in January 2018, and then sent an international commission of observers to visit the zone and interview stakeholders.  Indigenous representatives denounced that, despite being a single roadway, the project was actually presented separately, in three separate phases. Currently, only the final section remains unconstructed.  Other irregularities included the awarding of the project to a Brazilian company without first completing an environmental impact assessment, and the lack of adequate consultation with affected indigenous communities.  The Tribunal's sentence, issued May 15, finds the Bolivian government responsible for rights violations and calls for immediate compliance with measures including: Definitively stopping of any progress on construction; Recognizing the faculties of indigenous peoples to guarantee their control in Tipnis, including territorial autonomy and the right to prior consultation; Annuling a law that removed the status of intangible zone from Tipnis; Stopping the advance of colonization toward the central zone of the national park; Canceling plans for oil expansion on the site; Effectively applying the law to guarantee the protection of the rights of Mother Earth; and Guaranteeing indigenous peoples their fundamental role as defenders of Mother Earth.  What’s next for Tipnis?  Although the Tribunal’s judgment is not binding, it is a precedent established by a recognized and ethical court. For this reason, the Coordinator of Indigenous Organizations of the Amazon River Basin—an international indigenous organization—announced it would use the ruling as an instrument of proof to bring the case before the Inter-American Commission on Human Rights.  The situation in Tipnis is complex.  While construction of the missing section was suspended after losing credit for its execution, some actors continue to defend the road as fundamental to connecting the center and the north of the country, facilitating access to basic services and other development opportunities for the communities of Tipnis.  The other side of that argument is the extensive environmental degradation to an area rich in biodiversity—acknowleding that the road would be just the beginning of activities within the protected area.  I don’t believe anyone has the absolute answer. And so my analysis isn’t about making a value judgment, but about complying with the law, which resides in reason and justice.  Although part of the road is constructed, there is much more to go, and so the resistance continues. The Tribunal’s decision can and should be used as an added impulse toward protecting the land.  In the end, every effort is worthwhile knowing that the destruction of such a valuable natural ecosystem represents a point of no return.