Indigenous Rights

Indigenous Rights, Mining, Human Rights

How Brazil is threatening indigenous and environmental rights

With the new presidency, Brazil has entered an unfortunate period of changes—to legislation, governmental structure, and foreign and public policy—that will set the nation back decades on the issues of climate, the environment and human rights. The new administration has made a host of extremely questionable decisions that signal the weakening of guarantees for indigenous peoples in Brazil, the Amazon, and the environment as a whole. Some of the reforms that most stand out include: The transfer of the Ministry of the Environment’s most important functions to the Ministry of Agriculture. The weakening of governmental entities responsible for monitoring cases of environmental crimes. The transfer of responsibility for demarcating indigenous lands from the National Indian Foundation (FUNAI) to the Ministry of Agriculture. The suspension of contracts signed between state entities and civil society organizations. The weakening of the process for granting environmental permits. Continuous threats to withdraw Brazil from international agreements on the protection of the environment and indigenous peoples, including the recent threat to leave ILO Convention 169. These changes seem to be just the beginning, and the outlook could worsen at any moment. The latest move to undermine environmental protection in Brazil is the apparent opening of indigenous lands to large-scale mining projects. In March, Brazil’s Minister of Mines and Energy announced to attendees of one of the largest global mining events (the annual convention of the Prospectors & Developers Association of Canada) that he would seek authorization for mining activities in indigenous and border areas. He stated that indigenous peoples would not have the autonomy to prevent the installation of mines in their territory. The State’s priority, this move implies, will be to promote irresponsible development over the protection of human rights. How mining threatens indigenous lands Last year, a government decree (Decree 9406) established drastic changes and new flexibility for mining activities, including successive extensions for permits in the event of lack of access, lack of consent or permission of the environmental agency, and the consideration that mining's foundations are the national interest and public utility. But mining itself is not in the national interest, since it implies great environmental damage and throws ecosystems out of balance. It must instead be recognized as a high-risk activity that causes destruction and contamination. Brazil has been incapable of safely regulating mining activities. We need only think of the rupture of two dams of mining waste in less than four years in the state of Minas Gerais. The first case in Mariana is considered the greatest environmental tragedy in Brazil’s history, and the second, earlier this year in Brumadinho, resulted in 197 deaths and 111 missing persons. If the government’s need for mining is undeniable, so is the need for stricter controls, the use of safer techniques, and a serious national assessment of the viability of each and every mine. Given the serious environmental damage associated with mining, its implementation on indigenous lands implies transferring those damages to a minority and vulnerable population that depends directly on the health of the environment for its physical and cultural survival. Indigenous communities have the constitutional right to be heard on projects that may affect them; some communities have even created protocols on how they want to be consulted. To build a mine against the will of a community is to violate their rights to life, to self-determination, to autonomy, to culture, to not being forcibly displaced, to benefit from their native territories, and to a healthy environment, among many others. The statements of the Minister of Mines and Energy represent a complete lack of commitment to the fundamental rights established in the Brazilian Constitution, as well as to internationally recognized human rights. They reveal a singular intention to appease investors, particularly the Canadian company behind the Belo Sun mining project, which seeks to mine indigenous lands already impacted by the construction of the Belo Monte Dam. In defense of indigenous peoples Mining on indigenous lands is not yet adequately regulated in Brazil. What the country needs is for Congress to approve a law that respects the fundamental rights of indigenous communities and protects their lands, while including communities in the process. The setbacks posed by the current administration have only strengthened the resistance of indigenous communities, and those of us who support them. Civil society organizations like AIDA are committed to defending human rights, safeguarding indigenous territory, and holding governments and corporations accountable whenever they pose a threat.  

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Large Dams, Indigenous Rights, Human Rights

Statement on the Assassination of Dilma Ferreira Silva, leader of Brazil’s Movement of Dam-Affected Peoples

In the face of the brutal crime committed on March 22nd against a coordinator of the Movement of Dam-Affected Peoples in Brazil, the undersigned human rights and environmental organizations call on Brazilian authorities and multilateral organizations to ensure that the country’s obligations regarding the protection of human rights and environmental defenders are enforced. With deep sadness and indignation, we received the news that Dilma Ferreira Silva, a regional coordinator of Brazil’s Movement of Dam-Affected Peoples (MAB), together with her husband Claudionor Costa da Silva and Hilton Lopes, a friend of the family, were assassinated on Friday, March 22nd in the Amazonian state of Pará. The bodies of the three victims were found in her residence with signs of torture. Dilma Ferreira Silva was a prominent activist and recognized leader who, for more than three decades, fought for the rights of the people affected by the Tucuruí mega-hydroelectric dam project on the Tocantins River of the Brazilian Amazon, built during the country’s military dictatorship 1964-1985), provoking the displacement of an estimated 32,000 people, along with serious environmental damage. This is not the first case of a brutal murder perpetrated against a human rights defender in the region of the Tucurui dam.  In April 2009, Raimundo Nonato do Carmo, a union leader who fought on behalf of those whose lives were ruined by the Tucuruí dam was shot seven times by two men on a motorcycle as he walked out of a supermarket on the street in which he lived in the town of Tucuruí. Dilma dedicated her life to promoting national policies that would effectively take into account the rights of dam-affected peoples, with due attention to gender issues that particularly affect the rights of women. Dilma Ferreira lived in the rural settlement of Salvador Allende, where land titles were issued for family farmers by the federal government in 2012, as a result of a popular mobilization of the Movement of the Landless Workers (MST), with support from MAB.  However, the area continued to be coveted by land grabbers (grileiros) that invade and seize control of public and community lands.  One such example is Fernando Ferreira Rosa Filho (aka ‘Fernandinho’) arrested by the civil police force of the state of Pará as the principal suspect in the triple homicide of Dilma Ferreira, Claudionor Costa da Silva and Hilton Lopes. The assassination of Dilma Ferreira Silva is evidence of the grave situation faced by human rights and environmental defenders in Brazil, a country that tops the global ranking in violence practiced against defenders, with one person murdered every six days in 2017. The incoming administration of President Jair Bolsonaro has intensified recent attempts to undermine Brazil’s progressive legislation on environmental protection and human rights - especially those of indigenous peoples, quilombolas (descendants of African slaves), family farmers and other traditional populations.  Such attempts have often clashed with Brazil’s progressive Federal Constitution, approved in 1988 during a period of redemocratization that followed military rule. Backsliding on public policies, together with public statements that incite violence in conflictive areas, are seriously increasing the risks faced by human rights and environmental defenders such as Dilma Ferreira Silva. The undersigned human rights and environmental organizations express our solidarity with the family of Dilma and the Movement of Dam-Affected Peoples (MAB). Without a doubt, her assassination is a huge loss for the defense of the environment and human rights in the Amazon. We stand with the UN High Commissioner on Human Rights in demanding a complete, independent and imparcial investigation of the assassination of Dilma Ferreira Silva, as well as the exemplary punishment of those that carried out and ordered this horrendous crime. Moreover, we call on Brazilian authorities to ensure that the country’s domestic legislation and international obligations regarding the protection of human rights and environmental defenders are fully implemented, including preventative action to avoid further acts of violence. Signed,   1. 350.org 2. Aborigen-Forum 3. AMAR - Associação de Defesa do Meio Ambiente de Araucária 4. Amazon Watch 5. APREC Ecossistemas Costeiros 6. Arctic Consult 7. Articulação Antinuclear Brasileira 8. Asociación Interamericana para la Defensa del Ambiente - AIDA 9. Associação Mineira de Defesa do Ambiente – Amda 10. Association green alternative Georgia 11. Association of Journalists-Environmentalists of the Russian Union of Journalists 12. BAI Indigenous Women's Network in the Philippines 13. Bank Information Center (BIC) USA 14. Biodiversity Conservation Center 15. Both ENDS 16. Bretton Woods Project 17. Buryat Regional Association for Baikal 18. Business & Human Rights Center 19. Center for International Environmental Law - CIEL 20. CIDSE - International family of Catholic social justice organizations 21. Coalition for Human Rights in Development 22. Colegiado Mar RBMA/Reserva da Biosfera da Mata Atlântica - Grupo Conexão Abrolhos -Trindade 23. Coletivo de Mulheres do Xingu 24. Coletivo de Mulheres Negras de Altamira 25. Comisión Ecumenica de Derechos Humanos 26. Comité Ambiental en Defensa de la Vida 27. Conectas Direitos Humanos 28. Conseil Régional des Organisations Non Gouvernementales de Développement en RDC 29. Conselho Indigenista Missionário - CIMI 30. Corporación SOS Ambiental 31. Crescente Fértil 32. Derecho Ambiente y Recursos Naturales - DAR 33. Derechos Humanos y Medio Ambiente - DHUMA 34. Derechos Humanos y Medio Ambiente de Puno - Perú 35. DKA Austria 36. ECOA - Ecologia e Ação 37. Ecological Center DRONT 38. Ecolur Information NGO 39. Environmental Investigation Agency 40. Fastenopfer Switzerland 41. Focsiv - Federation of Italian Christian NGOs 42. Fórum em Defesa de Altamira 43. Foundation Sami Heritage and Development 44. Frente por uma Nova Política Energética para o Brasil 45. Front Line Defenders 46. Fundação Avina 47. Fundação Grupo ESQUEL 48. Future for Everyone 49. Global Witness 50. Green Dubna 51. Green Peace Brasil 52. ONG Guajiru 53. In Difesa Di - per i Diritti Umani e chi li difende 54. Indigenous Peoples Movement for Self-determination and Liberation (IPMSDL) 55. Instituto Igarapé 56. Instituto Terramar 57. Institutos Ethos 58. International Indigenous Fund for Development and Solidarity "Batani" dos EUA 59. International Land Coalition Secretariat 60. International Rivers 61. Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas (Katribu national alliance of indigenous peoples in the Philippines) 62. Kazan Federal University 63. Latin America Working Group 64. London Mining Network 65. Lumiere Synergie pour le Developpement 66. MAB - Movimento dos Atingidos por Barragens 67. Maryknoll Office for Global Concerns 68. MISEREOR 69. Movimento Nacional de Luta pela Moradia (MNLM) 70. Movimento Negro 71. Movimento Paulo Jackson - Ética, Justiça, Cidadania 72. Movimento Tapajós Vivo 73. Movimento Xingu Vivo para Sempre 74. Movimiento de Afectados por Represas de America Latina - MAR 75. O Movimento Nacional das Cidadãs Posithivas (MNCP) 76. Oyu Tolgoi Watch 77. Pax Christi - Comisión Solidaridad Un Mundo Alemania 78. Pax Christi Internacional 79. Pax Christi Toronto 80. Projeto Saúde e Alegria 81. Protection International 82. Public Interest law Center (PILC/CHAD) 83. Red de Comités Ambientales del Tolima 84. Red de Género y Medio Ambiente de México 85. REDE GTA 86. Resource Rights Africa da Uganda 87. Rivers without Boundaries International Coalition 88. Rivers without Boundaries - Mongolia 89. SAPÊ - Sociedade Agrense de Proteção Ecológica 90. SCIAF - Scottish Catholic International Aid Fund 91. Serpaj Chile 92. Siberian Environmental Organization 93. Socio-ecological Union International 94. Tatarstan Organization of the All-Russian Society for the Conservation of Nature 95. Terra 1530 96. The Canadian Catholic Organization for Development and Peace/Caritas 97. The Society for Threatened Peoples International STPI - Gesellschaft für bedrohte Völker-International, GfbV-International 98. The Volunteer Movement Save Utrish 99. Toxisphera - Associação de Saúde Ambiental 100. Tutela Legal Maria Julia Hernández 101. Uma Gota no Oceano 102. Uniafro Brasil 103. Washington Office on Latin America - Wola 104. WoMin African Alliance 105. World Wide Fund for Nature – WWF/Brasil  

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Capacity Building, Indigenous Rights, Human Rights

How supporting women is linked to environmental justice

Although women lead struggles for the conservation of nature around the world, they are often excluded from decisions about the use of land, water and other natural resources. They’re disproportionately affected when inadequately implemented projects pollute air and water, or cause forced displacements and other damages. And they’re often more seriously impacted by climate change. In all of these cases, women—particularly indigenous women—are highly vulnerable to losing their way of life, their income, and their homes. At AIDA, we incorporate a gender perspective into our defense of the environment and human rights, recognizing that combating inequalities and differentiated harms is fundamental to achieving environmental justice in Latin America. “The gender approach allows us to defend the rights of women in an integral way, understanding that the risks and harms, as well as the policies needed to confront them, are different for men and women,” explained Senior Attorney Liliana Ávila. “Making this visible helps break through discrimination scenarios and effectively guarantee the right to equality.” Uplifting women’s voices Working with a gender focus, Liliana explained, has been a fascinating professional experience that has allowed her to understand how environmental damage affects men and women differently. She has listened to women explain how they view their territory, and what happens to it, distinctly from the men in their communities.   In Northwest Guatemala, in the micro-region of Ixquisis, the construction of the Pojom II and San Andrés dams has damaged water sources. It has spread diseases and harmed fishing and agriculture, subsistence activities for local communities, largely made up of indigenous Mayan women. “It’s necessary to promote methodologies and spaces that make women’s voices heard, that enable and strengthen their participation, that demonstrate the differentiated harms they face, and that promote change to guarantee their rights,” Liliana said. AIDA legally supports the resistance of the women of Ixquisis to the dam projects, both in national courts and before the Inter-American Development Bank, which finances the projects despite obvious conflict with its operating policies. Our work in Guatemala is possible thanks to the Global Alliance for Green and Gender Action (GAGGA), which supports collaboration between movements and grassroots organizations to strengthen their role in the defense and promotion of women's rights and environmental justice. Since 2016, GAGGA has provided funds to women's movements and environmental organizations at the national, regional and global levels in more than 30 countries across Latin America, Africa, Asia and Europe. Women’s role in environmental defense By working hand in hand with communities across Latin America, AIDA attorneys have a close knowledge of the fundamental role that women play in protecting the environment and building equitable societies. “In Nayarit, Mexico indigenous women are playing a key role in defense of their land, water and the San Pedro Mezquital River,” said Camilo Thompson, AIDA attorney in Mexico. “And in the Gulf of California, women are leading efforts toward proper fisheries management.” Claudia Velarde, an AIDA attorney in Bolivia, says that her country has recognized that peasant women produce more food, so their experiences, visions, and knowledge must be incorporated into public food policies. “Personally, it has been very enriching for me to work both with and from the perspective of women,” she explained. “I’ve have had the opportunity to meet incredible women fighting to defend their territories from extractive activities like fracking. It’s helped me understand that the impacts of a single activity are experienced quite differently according to socially assigned gender roles.”   

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Indigenous Rights, Mining, Toxic Pollution

Mining Arc threatens majestic lands of Southern Venezuela

For decades, one of the greatest socio-ecological tragedies in Latin America has been developing in Venezuela. Small-scale gold mining is inflicting irreversible damage to one of the continent’s most biodiverse natural areas. It’s happening South of the Orinoco River, amidst majestic waterfalls, impressive mesas, and long-established indigenous communities. Despite its major impacts on the states of Amazonas and Bolívar, mining there has advanced rather silently. Up until a few years ago, not many researchers were even paying attention. The situation changed in 2011, when then-President Hugo Chavez announced the creation of the Orinoco Mining Arc National Strategic Development Zone, a project finalized five years later through a presidential decree. Photo: Bram Ebus / Infoamazonía.   Mining’s large-scale damages The Orinoco Mining Arc involves permitting undefined mining activities in 111,843 square kilometers of territory—an area larger than Guatemala and almost twice the size of the Orinoco Oil Belt. Its implementation has legitimized and exacerbated the damages of small-scale mining, chief among them water pollution, deforestation and the destruction of fertile soils. The project also aims to develop large-scale mining in this mega-diverse region. Now, independent researchers like Carlos Eduardo Pacheco and others, hailing from organizations such as the Venezuelan Society of Ecology and Provita, warn of the huge damages that may occur due to the nation’s lack of environmental regulation. Thanks to their studies, additional research, and an analysis of satellite images, we know that: in the area around the Mining Arc there exist at least five or six large pockets of deforestation, and hundreds of smaller ones; the Caroní and Ikabarú river basins are being destroyed; and damages have reached Caura and Canaima National Parks, as well as the territories of the Pemón, Yekuana, Akawayo and Yanomami indigenous people, among others. The consequences, the researchers warn, are not only ecological; they are social as well. There has been a mass exodus from major cities, people fleeing poverty and heading to the Mining Arc to seek economic opportunity. Photo: Bram Ebus / Infoamazonía.   In addition, mining activity has lead to multiple reports of human trafficking, prostitution, drug trafficking, extortion, murder, and the presence of both paramilitary groups and guerillas from Colombia. Many of the mining projects in the zone are under the control of a mafia known as “Pranato Minero,” whose leaders are relatively unknown. Increased mining has also caused serious harms to the health of informal miners and their families due to the use of mercury. Statistics from the Ministry of People’s Power for Health demonstrate a strong increase in mortality—at least 500 percent between 2002 and 2013 in municipalities close to the Arc, including Sifontes, El Callao, Cedeño and Roscio. And large-scale transnational mining hasn’t been left out of the picture. Even Canadian companies that recently sued Venezuela for controversies related to their investments have returned as partners in the mining exploitation of Orinoco. Raising awareness of Orinoco In all this development, where is the social and environmental responsibility? There seems to be no place for accountability in Venezuela, a nation with non-existent institutions and inapplicable laws. We must to ask what we can do, as members of civil society, in the face of this latest chronicle of deforestation, mercury contamination, and outright destruction of the natural world of Southern Venezuela. At AIDA, we’re doing what we can by providing technical and scientific support to the Venezuelan organizations studying the Mining Arc’s development. By supporting them, we’re working to raise awareness of the issue and put one of the most serious social and environmental attacks in the region in the public eye.    

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Coral reefs, Fracking, Indigenous Rights

10 environmental successes from Latin America in 2018

  This year was characterized by triumphs such as the creation of legal protections and the establishment of policies favorable to the environment and human rights in the region. Rarely in a single year do we see so many precedent-setting institutional advances. What follows are 10 stories we applaud from 2018: 1. For the first time, the Inter-American Court recognized a healthy environment as “fundamental” In its first time speaking on the subject, the Court concluded that a healthy environment is an autonomous right, “fundamental to the existence of humanity.” The relationship between the environment and human rights may sound obvious, but until February of this year, when the Court’s opinion was made public, there were no precedents of this magnitude recognizing the link. The opinion responds to a query made by Colombia. In it, the Court also recognizes that climate change impacts the enjoyment of human rights, especially among the most vulnerable populations. The OC-23, as it is known, established a historic precedent for the protection of human rights in the Americas and will be an important tool for environmental justice in the region. Learn more 2. Nations adopt the first regional treaty on environmental issues Over the course of the year, 16 nations have signed the Escazú Agreement. Not only is it the first treaty on environmental issues in Latin America and the Caribbean, it is also the first in the world to include provisions on human rights defenders in environmental matters. Its main objective is to guarantee the rights of access to environmental information, public participation in environmental decision-making processes, and justice in environmental matters. Learn more 3. Parrotfish receive special protection in Mexico Schools of colorful parrotfish feed on the macro algae that compete with coral for light and oxygen, helping to improve coral health. But overfishing and other factors have caused parrotfish populations to decline, placing corals at greater risk. In an effort to protect this key ally of the reefs, 10 species of parrotfish are in the process of being included in the Mexican government’s list of protected fauna. Learn more 4. Indigenous peoples recognized in climate finance Following years of work by indigenous peoples around the world, the Green Climate Fund approved an Indigenous Peoples Policy with the objective of protecting, recognizing, respecting and promoting their rights within the financing of climate projects. The decision was received with hope in a world that requires immediate actions to mitigate and adapt to climate change. This sort of policy helps to prevent climate finance from violating the rights of the most affected populations. Learn more 5. A regional plan to protect jaguars Conservation organizations teamed with 14 nations to launch Plan Jaguar 2030 with the intention of protecting corridors, or natural routes, linking populations of the largest carnivore in Latin America without natural predators. Jaguar populations extend through 18 countries, but are rapidly diminishing due to poaching, habitat fragmentation, and conflict with human activities. In El Salvador and Uruguay, they have been declared extinct. The plan provides hope for jaguar protection across borders. Learn more 6. Colombia says no to fracking pilot tests The Colombian Environmental Licensing Authority (ANLA, for its initials in Spanish) denied permission for ConocoPhillips to carry out the first hydraulic fracturing pilot tests for the extraction of hydrocarbons in San Martin and Aguachica, in the department of Cesar.  ANLA argued that the information presented by the corporation was “insufficient” to understand the management and availability of water, and also questioned its environmental evaluation and contingency plan. For now, the initiative is archived. Continuing to bet on fossil fuels moves nations further away their climate goals; it is important to commit to a clean energy transition. Learn more 7. A region fight against fracking reaches the Inter-American Commission Organizations and communities from across the region joined forces to bring before the Inter-American Commission on Human Rights cases of human rights violations and threats to the environment caused by fracking. After various local struggles, this was the first time that the damages documented in nations across the Americas were presented before a regional organization. The Commissioners responded with great interest to the testimonies presented. Regarding this issue, the new government of Mexico said there will be no more fracking in the nation. Learn more 8. A treaty to protect two-thirds of the ocean Following a decade of discussions, negotiations began at the United Nations for a legally binding treaty to protect biodiversity on the high seas, those marine areas outside of national jurisdictions. Negotiations will take place until 2020. Although the high seas represent 64 percent of the total surface area of the ocean, and the ocean absorbs 90 percent of the heat caused by global warming, no overarching treaty exists to protect this ecosystem, only fragmented regulations. Learn more 9. Chile closes the Pascua Lama mine In October Chilean authorities confirmed the definitive closure of Pascua Lama, a gold mining project on the border of Chile and Argentina. Barrick Gold, the company in charge of the project, was fined for 33 violations of Chilean environment regulations. Pascua Lama caused great damage to native plants and animals. Indigenous peoples of the region—who had documented the contamination of a river and impacts on glaciers, an important water source—celebrated the decision. Activists are now seeking to stop the project on the Argentina side of the border. Learn more  10. Argentina’s creation of National Parks breaks record Just before the end of the year, Argentina announced the creation of two marine protected areas: Yanganes, south of Tierra del Fuego, and Namuncurá-Burdwood Bank II, in the south Atlantic. Both are important sites for the breeding and spawning of fish with high commercial value. With this pair, the country added six natural areas declared as national parks in 2018 alone, a truly historic effort. The other parks include: Traslasierra, Aconquija, Ciervo de los Pantanos and Iguerá. Argentina has proposed the protection of 10 percent of its seas by 2020. Learn more  

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Indigenous Rights, Toxic Pollution, Human Rights

Leydy Pech, the guardian of the bees

“They’re part of my very being,” Leydy Araceli Pech Martin says of her bees. She feeds them pumpkin candy, and she identifies with them. Seeing how they organize and work together to produce honey reaffirms her confidence in collective action. In her native town of Ich Eq, a name that in Maya means “Star Eye,” families live in the same way: united and supporting each other. Of all the objectives that Leydy shares with her community, perhaps the most vital is the defense of their territory and traditional ways of life—threatened now by growing deforestation and the toxic contamination of industrial agriculture. The expansion of soy cultivation in Leydy’s town—located in the municipality of Hopelchén, in the Mexican State of Campeche—is killing large areas of tropical forest and indiscriminately spreading toxic pesticides through the land and water. It is harmful to both human health and the natural environment, particularly those ecosystems that depend on bees and, thus, beekeepers. Knocking down obstacles With a sweet look and a soft voice, Leydy is an agile woman. She does many things in a day, dividing her time between beekeeping, housework, caring for her mother and uncle, and keeping an eye on her son Diego Alberto, 17. She also manages the shop of Koolel-Kab (“women who work with bees”), an organization she founded with other women from Hopelchén in 1995. Together they breed and work for the preservation of melipona beecheii, a wild bee species that has been domesticated by the Maya people for hundred of years.  Using what the bees produce, the women make and sell honeys, soaps and creams in the organization’s store.  For Leydy, dedicating herself to beekeeping, a trade she learned from grandfather, which in the area is done mostly by men, has not been easy. She’s had to break down barriers. “We live in a world where only men have been able to speak and make decisions,” Leydy explained. “I’ve broken with that and they’ve questioned me.” At the beginning, the community underestimated the women’s potential. “They told us we wouldn’t achieve anything,” she said. “But little by little we demonstrated our abilities. The men saw the results of our work and publically recognized that the organization is an example of struggle, and success.” The women of Koolel-Kab work for the recognition of and respect for indigenous rights in the region. Leydy says their struggle began when they realized that other people were making decisions about the territory and natural resources of their town, about job opportunities and quality of life for their youngest members. Mennonites and industrial agribusiness have been cultivating genetically modified soybeans in Hopelchén, leading to mass deforestation and public health risks. The Mexican government authorized the cultivation without consulting affected communities. Although Mexico’s Supreme Court has recognized this human rights violation, the illegal planting of GMO soy has not stopped and the sowing of traditional soy has expanded. In addition, the aerial fumigation of crops is causing a harmful mixture of chemicals to reach houses, water sources, and the flowers the bees rely on. “I cannot sit idly by when I know what is happening,” explained Leydy, with the firmness that characterizes her. “It has become my responsibility. Not doing anything would be like betraying my own identity.” Leydy is motivated by the search for justice. Her organization of Maya women is part of the Collective of Maya Communities of los Chenes, which has presented national and international legal actions to stop the damages of agroindustry. AIDA, together with partner organizations, supports their efforts and has taken the case, on behalf of the communities, before the Inter-American Commission on Human Rights. The strength of unity Leydy is convinced that the strength of the Collective is its unity. Those in the Collective work for the needs of their own communities, but are also in the process of seeing themselves as one—something that applies not only to the people of Campeche, but also to those of the nearby States of Yucatan and Quintana Roo. “The Maya people are many, and everything that we’ve achieved is not for only one person, it is for all.” Leydy shares her leadership and her natural ability for teamwork. Her son, Diego Alberto, is part of that effort. “He’s happy, he understands a lot about bees and has his own projects,” she says.   Like Diego Albert, other young members of Leydy’s family are choosing to dedicate themselves to beekeeping. “That tells me I’m doing something right,” she says, proudly.    

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Large Dams, Indigenous Rights

Inter-American Commission urges Brazil to address damages to indigenous peoples caused by Belo Monte Dam

Following its visit to Brazil, the Inter-American Commission on Human Rights called the attention of authorities and civil society to the urgent need to address repeated violations of the rights of indigenous communities. The Commission highlighted the case of the Mïratu de Paquiçamba community, which has been affected by the construction of the Belo Monte Dam. Rio de Janiero, Brazil. Concluding its visit to the country, the Inter-American Commission on Human Rights (IACHR) urged Brazilian authorities and society in general to recognize, address, and quickly resolve repeated violations of the human rights of indigenous communities. The Commission emphasized the case of the Mïratu indigenous community, affected by the environmental damages caused by the construction of the Belo Monte Dam. In Brazil, indigenous communities “suffer from frequent incidents of violence and lack of attention from public services, in addition to increased difficulties and obstacles surrounding claims to their lands,” said Commissioner Antonia Urrejola Noguera, IACHR Rapporteur for Brazil, while presenting the Commission’s preliminary conclusions. “Brazil has been one of the largest violators of the human rights of indigenous communities. In their meeting with the Commission, the Brazilian Indigenous Communities Organization (APIB) presented these cases and expressed its concern over the current political landscape, in which a discourse of hatred and racism has been growing, even among government institutions,” said Luiz Eloy Terena, APIB’s legal advisor. On November 7, the Commission’s delegation visited Mïratu Village, located in the Paquiçamba indigenous region in the state of Pará. Mïratu is one of the indigenous communities affected by the Belo Monte Dam. It was the first time the Commission visited that area. There, the Commission heard testimonies from indigenous people and fishermen, who are fighting to maintain their traditional way of life despite damages including: the death of thousands of fish; the pollution of the Xingú river; forced displacement from their lands without adequate relocation; and the development of culturally inappropriate projects. Village leaders reported that those damages have disproportionately affected women and children. The Commission also heard from representatives of Altamira, the city nearest the dam. “We’d like to highlight the importance of the Commission’s historic visit to Mïratu Village, and recognize the negative impacts that the Belo Monte Dam has had on the human rights of the people of the Xingu River basin,” said Astrid Puentes Riaño, co-director of the Interamerican Association for Environmental Defense (AIDA). “It is now up to the government of Brazil to adopt the decisions and recommendations of the Commission, complying with the rule of law and protecting the people of their country.” During the visit, those affected by the dam were especially concerned over next year’s scheduled implementation of a plan to manage the flow of the Xingú River. Known as a consensus hydrogram, it would divert the water that indigenous and riverine communities, as well as plants and animals, rely on to survive. “The commissioners had the opportunity to confirm the severity of the impacts and the understand the urgent need to revise the criteria used to define the residual flow that the Xingu must maintain in order to guarantee the subsistence and culture of indigenous and riverine communities in the Vuelta Grande region,” said Bivany Rojas from the Socio-environmental Institute (ISA). In 2011, communities along the Xingu—represented by AIDA, the Paranese Society for the Defense of Human Rights (SDDH), and Justiça Global—filed a complaint against Brazil, bringing the case in front of the Commission. That same year, the Commission granted precautionary measures to affected indigenous communities. The case formally began in December 2015, and participating organizations presented final arguments in May of this year. Based on those and the arguments put forward by the the Brazilian State, the Commission will publish a report concluding whether human rights violations occurred from the construction of the Belo Monte Dam. They may then decide to issue recommendations for Brazil to remedy those damages. Demonstrating progress and a respect for the rights of indigenous communities—in cases like the Xucuru, the Xingu, and Guyraroka peoples—represents an important opportunity to strengthen rule of law and embrace progress in Brazil. press contacts: Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Isabel Harari (Brazil), ISA, [email protected], +5561998261213  

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Large Dams, Indigenous Rights, Freshwater Sources

In Xingu management plan, Brazil leaves communities without water

The proposed Xingu River management plan puts at risk the people, plants and animals of the Amazon region. AIDA requested that the Inter-American Commission on Human Rights urge Brazil to stop the plan and establish a socially and environmentally appropriate alternative. Washington, D.C. and Altamira, Brazil. By authorizing the construction of the Belo Monte Dam in the heart of the Amazon, the Brazilian government endorsed a management plan for the flow of the Xingu River that would leave the indigenous and riverine communities of the area without the water they need to survive. The plan is in a testing phase but is expected to be implemented next year, once all the turbines of the hydroelectric plant are installed. The Interamerican Association of Environment Defense (AIDA) sent a report to the Inter-American Commission on Human Rights detailing the serious socio-environmental risks of the plan. In it, we requested that the Commission urge Brazil to stop the plan’s implementation and create an alternative plan that guarantees biodiversity and protects the communities’ ways of life. “The authorized plan for the management of the river’s flow threatens the existence of indigenous and riverine communities, and places at risk of extinction the fish and the forests—natural resources on which the physical and cultural lives of the communities depend,” said Liliana Ávila, Senior AIDA Attorney. The plan, called a consensual hydrogram, establishes the volume of water that will pass through a specific part of the river, called the Vuelta Grande, and the part that will be diverted for energy production. It is intended to artificially reproduce the natural flow of the river in times of flood and drought. Norte Energía, the consortium in charge of the dam, proposes an average minimum flow rate of 4,000 cubic meters per second over the course of a year, and 8,000 cubic meters per second for the following year, beginning in 2019. It proposes a minimum flow rate of 700 cubic meters per second for the dry season. The report sent to the Commission, however, details scientific and social evidence that demonstrates that these water levels are significantly lower than the historical river flow and do not guarantee that fish and alluvial forests can survive the proposed reduction in the short- and medium-term. The evidence—which includes information from both the Brazilian Institute of the Environment and Renewable Natural Resources and community monitoring—also shows that some aquatic species, such as chelonians, can only feed and reproduce with minimum flows of 13,000 cubic meters per second in times of flooding, and that the volume proposed for the dry season could make the river unnavigable. “The management plan did not take into account the monitoring done by the Juruna people in collaboration with the Federal University of the State of Pará and the Socio-environmental Institute (ISA),” said AIDA attorney Marcella Ribeiro. “In 2016, with water levels higher than those proposed, communities were already reporting the mass die-off of fish.” AIDA sent the report to the Commission as part of a formal complaint against the Brazilian State for the human rights violations caused by the dam’s construction. In May, together with partner organizations, we presented our final arguments in the case, evidencing damages already caused, including the forced displacement of indigenous and riverine communities, the massive death of fish, differentiated damages to men and women, and threats to the survival of the communities. Find more information on the case here. press contacts Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Isabel Harari (Brazil), ISA, [email protected], +5561998261213  

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Fracking, Indigenous Rights, Freshwater Sources

Argentina’s approval of fracking wells violates international obligations

The authorization of four fracking wells within the Vaca Muerta shale deposit poses a risk to vital water sources and violates the rights of Mapuche communities. In support of an amparo filed to invalidate the project’s approval, AIDA presented evidence detailing Argentina’s failure to comply with international environmental and human rights obligations. Mendoza, Argentina. Argentina violated international environmental and human rights obligations when it authorized the development of four fracking wells in indigenous territory.  The wells would damage vital water sources and violate the rights of Mapuche communities, AIDA explained in an amicus brief presented before the Supreme Court of Mendoza Province. The brief supports an amparo seeking to invalidate the project’s approval, filed by the Environment and Natural Resources Foundation (FARN, for its initials in Spanish). “Fracking was authorized in Mendoza without any environmental impact assessment,” explained AIDA Attorney Claudia Velarde. “In fact, the project was presented for authorization as ‘infrastructure adaptation’ and the environmental authority granted the permits in a record time of just six days.” The wells are located within Vaca Muerta, the largest non-conventional deposit of shale gas in Latin America.  Mapuche indigenous communities—recognized by the National Institute of Indigenous Affairs—live in the project area and, as such, have the right to prior consultation; operators must receive their free, prior and informed consent for any activity affecting their territory. The energy company El Trebol S.A. failed to recognize that right when assessing the project. As a result, the project’s authorization violates Convention 169 of the International Labor Organization, the United Nations Declaration on the Rights of Indigenous Peoples, and the American Declaration on the Rights of Indigenous People—all international standards recognized by Argentina. “The chemicals used in fracking can contaminate both surface and groundwater, including, in this case, those of the Llancanelo lagoon, a wetland of international importance under the Ramsar Convention, a treaty ratified by the government of Argentina,” said Velarde. “The site is a zone of passage and rest for more than 130 species of resident and migratory birds.” In addition, fracking activities require large amounts of water, while Mendoza has for years suffered from drought, a problem only aggravated by climate change. Finally, the brief emphasizes that there is neither detailed geological data of the zone nor quality information on the dynamics of the groundwater. “Faced with this scientific uncertainty, authorities have an obligation to apply the precautionary principle,” Velarde explained. “An activity as potentially harmful as fracking must be rejected unless those seeking to implement it can prove that it will not cause serious and irreversible damage to the environment.” Press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107  

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Large Dams, Indigenous Rights

Guatemalan indigenous communities file complaint for dams’ damages

Affected communities have called on the Inter-American Development Bank to withdraw funding for the Pojom II and San Andrés dams for failure to comply with its operational policies. The mega-projects have damaged water sources and harmed the livelihoods of local indigenous people, particularly women. Washington, D.C.  Indigenous communities affected by Guatemala’s Pojom II and San Andrés dams have called on the Inter-American Development Bank to withdraw its investment in the mega-projects. A complaint filed before the Bank’s independent accountability mechanism explains how the serious social and environmental damages caused by the planning and construction of the dams resulted from the projects’ failure to comply with the Bank’s operational policies. The communities are represented by the Interamerican Association for Environmental Defense (AIDA), the International Platform Against Impunity, and the Plurinational Ancestral Government of Q’anjob’al, Popti, Chuj and Akateko. “The damages caused by the projects’ implementation are the result of non-compliance with the Bank’s operational policies, particularly its policies on environment and sustainability, indigenous people, gender, and information disclosure,” explained Liliana Ávila, AIDA attorney. The complaint details how the dams were authorized without adequate community consultation, and how those affected did not receive sufficient information on the risks. In addition, community members who have peacefully resisted the projects have suffered attacks, threats, and harassment; in 2017, they reported the murder of one local resident, which has yet to be resolved. The construction of the dams has also caused severe environmental damage, including water scarcity and pollution, which have affected local people’s ability to fish, grow food, and maintain their tradition lifestyle. The affected people of the microregion of Ixquisis, in the department of Huehuetenango, are primarily indigenous Mayans including the Chu, Q’anjob’al and Akateko ethnic groups. “The damages from the dams are differentially suffered by women, since they are the primary managers of water use in their homes,” said Anabella Sibrián from the International Platform Against Impunity. “The women of Ixquisis face stigmatization and live in fear of retaliation for their peaceful opposition to the projects.” The Pojom II hydroelectric plant is operated by Generadora San Mateo S.A, while San Andrés is run by Generadora San Andrés S.A. Both are subsidiaries of Promoción y Desarrollos Hídricos S.A., a Guatemalan company.  In 2013, IDB Invest, a private arm of the Inter-American Development Bank, approved loans of up to $9 million USD for the construction of Pojom II and up to $6 million USD for the San Andrés project. “We our hope that the Bank’s accountability mechanism confirms the projects have violated internal policies and thus recommends that IDB Invest withdraw its investment from these harmful mega-dams,” Ávila said. The Ixquisis communities were recently awarded the 2018 Front Line Defenders award for Human Rights Defenders at Risk for their valiant, peaceful struggle to defend their water and their territory. Find more information on the case here. Press Contact Victor Quintanilla (México), AIDA, [email protected], +521 5570522107  

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