Mining

Salar de Pastos Grandes en Potosí, Bolivia

July 22 2025 Climate Change, Human Rights, Indigenous Rights

Human rights and the rights of nature in the governance of minerals for the energy transition

A reading of Advisory Opinion 32 of the Inter-American Court of Human Rights by the Andean Wetlands Alliance The Inter-American Court of Human Rights (IACHR) outlined in its Advisory Opinion No. 32 (OC-32), released on July 3, 2025, how human rights must be upheld in the face of the climate emergency. The Court also recognized the rights of nature and the responsibilities of States and companies regarding climate change. This advisory opinion followed more than 150 oral interventions and over 260 written submissions—including those from organizations that are part of the Andean Wetlands Alliance.This pronouncement sets a course for protecting valuable ecosystems and the rights of people in Latin America, a region deeply affected due to its significant reserves of minerals increasingly in demand for the global energy transition.Human rights and "critical" mineralsThe IACHR, a central institution in setting human rights standards for Latin America and the Caribbean, provided through OC-32 a set of tools for moving toward policies grounded in equity and justice. These tools align with the principles put forward by the UN Secretary-General in relation to the minerals value chain for the energy transition.Minerals such as lithium and copper are at the heart of current energy transformation policies due to their value for battery manufacturing. This value chain begins in territories such as the high Andean wetlands of Argentina, Bolivia, and Chile, with the exploration and extraction of mineral deposits. It continues with their processing and refining in specialized facilities for the production of cells, which are later integrated into batteries that power a range of devices—mainly individual electric vehicles.The Court placed special emphasis on the protection of human rights during the extraction of so-called “rare or critical” minerals for the energy transition, which make up the first links in this value chain. This directly reflects Principle 1 of the 2024 Report of the UN Secretary-General’s Panel on Critical Minerals for the Energy Transition and offers a key legal instrument for protecting human rights in Latin American countries. It also outlines essential elements for respecting the integrity of ecosystems (Principle 2) from the most biodiverse region on the planet, as well as advancing justice and equity (Principle 3), transparency and accountability (Principle 6), and strengthened multilateral cooperation (Principle 7).Rights of Nature in a Megadiverse RegionAmong its conclusions, the Court recognizes the rights of nature, referring to the need to preserve its essential ecological processes. This contributes to consolidating a development model that respects planetary boundaries and ensures the availability of vital resources for present and future generations.This recognition is especially critical in Latin America, one of the most biodiverse regions in the world. It holds 50% of the planet’s biodiversity in ecosystems such as wetlands and tropical forests—especially the Amazon. It is home to 12 of the 14 terrestrial biomes and is a key epicenter for nature’s contributions to people.These issues are particularly relevant for a region whose historical role as a provider of natural resources has helped build the global economy, yet at great cost—causing severe ecosystem damage and violating community rights. The protection of nature’s rights provides a central tool for managing the mineral wealth essential for the energy transition, especially given that the region holds more than 50% of the world’s lithium reserves and 40% of its copper reserves.Latin America is also one of the most culturally diverse regions: approximately 54.8 million Indigenous peoples live across its territories, representing 8.5% of the total population—the highest global proportion relative to total population—and occupying over 20% of the land.OC-32 particularly highlights the role of communities in preserving ecosystems and a healthy climate, free from human interference. It acknowledges the importance of local, traditional, and Indigenous knowledge for informed decision-making and cultural preservation. This approach empowers local and Indigenous communities—long-standing guardians of ecosystems who possess deep traditional knowledge—yet who are often excluded from decision-making processes and denied their rights to free, prior, and informed consultation and participation.The right to a healthy climate: Promising newsOC-32 recognizes the right to a healthy climate as part of the broader right to a healthy environment, free from human interference. States are thus required to prevent any irreversible harm to the planet’s ecological balance and exercise heightened due diligence—taking into account the degree of potential harm, the best available science, and the specific vulnerabilities of at-risk groups, without creating or exacerbating such vulnerabilities.In their mitigation strategies, States must prioritize both people and ecosystems—particularly those that play a vital role in regulating the Earth’s climate systems and natural cycles.In this regard, the Court’s acknowledgment of the Andean wetlands of Argentina, Bolivia, and Chile is especially significant. These ecosystems contribute to climate adaptation through water regulation. They also have the capacity to mitigate climate change by acting as carbon sinks: studies have recorded significant levels of carbon dioxide absorption through their vegetation and extremophile microorganisms.Ironically, these very wetlands are now under threat from the expansion of mining for the energy transition.Corporate Obligations on Human RightsOC-32 makes it clear that, in addition to States, companies also bear obligations concerning the climate emergency and its impact on human rights. The Court calls on States to regulate and oversee corporate due diligence across the entire value chain, in accordance with the UN Guiding Principles on Business and Human Rights (UNGPs). These obligations include identifying, preventing, mitigating, and accounting for business-related impacts on the environment, climate, and human rights. These are non-transferable obligations—they cannot be outsourced to third parties, such as certification bodies. The advisory opinion also calls for the avoidance of greenwashing and undue influence from third-party actors in corporate decision-making.A perspective on Advisory Opinion 32 from the Andean wetlandsSpanning more than 200 pages, OC-32 provides tools to ensure the protection of human rights throughout the mineral value chain, as well as the integrity of ecosystems, from a Latin American perspective. It also promotes implementation of the UN Secretary-General’s Panel principles on critical minerals for the energy transition.No less important, it upholds the interdependence of democracy, the rule of law, and human rights protection within the Inter-American system, and strengthens the role of access rights and the protection of human rights, environmental, and climate defenders, in accordance with the Escazú Agreement. This recognition is especially crucial for the most dangerous region in the world for defending nature.In a context of climate denialism, fueled by political leaderships that reject humanity’s role in the climate crisis, OC-32 stands as a vital roadmap to urge States to meet their climate commitments through a human rights-based approach.From the Andean Wetlands Alliance, we view this opinion with hope—as a key tool to help ensure the rights of those who have inhabited these wetlands for generations and to protect these vital ecosystems. Reactions from Members of the Andean Wetlands Alliance to Advisory Opinion No. 32 of the Inter-American CourtPía Marchegiani, Deputy Executive Director, Fundación Ambiente y Recursos Naturales (Argentina):"In a context where discussions on critical minerals are increasingly shaped by security and military interests, and unilateral or bilateral agendas from the Global North seek to control mineral supply chains, the Inter-American Court has taken a clear, strategic step in defining how the balance must be struck: placing human rights and nature at the center. Only in this way can we move forward toward justice and equity, as proposed by the UN Secretary-General’s Panel on Critical Minerals."Ricardo Frez, Director, ONG Defensa Ambiental (Chile):"This unprecedented recognition of nature as a rights-bearing subject marks a shift toward ecocentric approaches in international human rights law. It is especially significant amid the growing—and often irreversible—impacts of mining for critical minerals like lithium and copper in the Global South. The Court affirms the autonomous protection of nature, not only as a means to secure human rights, but as an end in itself. It reinforces States’ obligations to prevent irreparable climate and environmental damage. In a context where the energy transition risks replicating extractivist models, this advisory opinion provides crucial normative tools to defend territories and life."Vivian Lagrava Flores, Empodérate, Human Rights Collective (Bolivia):"Although communities may not be familiar with technical terms like climate, energy transition, and so on, they have welcomed with hope the fact that Advisory Opinion 32/25 places greater obligations on States. Laws, constitutions, and human rights standards are being ignored, while all kinds of impacts are overlooked. Wetlands—especially freshwater bofedales—are nature’s miracle that sustains our way of life and are essential for mitigating climate change. Yet they are being destroyed by extractivism. The Bolivian State must grasp the magnitude of its obligations."Ezio Costa Cordella, FIMA NGO (Chile):"The concept of a just transition appears in several parts of the advisory opinion issued by the Inter-American Court of Human Rights. There is a specific and explicit mention of this type of transition, and the Court refers to the obligation of States to uphold this principle when developing climate policies and strategies. This means they must avoid deepening situations of multidimensional poverty and instead assess how a transition will affect a given territory and the people who live there—including, of course, the workers in industries undergoing change. In this sense, it is important to understand that the ecological transition is not limited to policy measures; it also concerns how a range of social systems, including those of production and consumption, will adapt to the new climate and environmental reality. In this process—from the present state of affairs to what will emerge as a result of this new environmental condition—we must ensure that no further violations of human rights occur. On the contrary, we should create conditions that lead to better protection and fairer distribution of those rights."Oscar Campanini, CEDIB (Bolivia):"The advisory opinion of the Inter-American Court is an enormously important reinforcement of civil society’s defense of the environment, water, Indigenous peoples’ territories, and life itself—a defense that benefits not just specific groups but is, in fact, the only way to ensure our survival as a species. In the case of the high Andean plateau, this opinion supports the struggles of communities defending water and wetlands against growing pressure from critical mineral extraction projects such as lithium."Verónica Gostissa, Asamblea PUCARÁ (Argentina):"We are at a turning point for climate justice and human rights. The Inter-American Court now recognizes the autonomous right to a healthy climate. In regions like northwest Argentina—where ecosystems of high ecological value, such as high Andean wetlands, coexist with intense extractive pressures from lithium mining—this decision directly challenges the current mining and energy model. This legal milestone reinforces a truth that communities and peoples have long upheld: if it dries up rivers, it’s not an energy transition. And there can be no true transition without environmental justice."Paulina González Quiroga, Fundación Tantí (Chile):"We deeply value the statement issued by the Inter-American Court at a strategic moment for our bodies and territories, especially for those of us living in the Global South—in the highland and coastal desert regions of Chile. This is a mining and productive zone where both continental and marine waters are being affected by the entire value chain operating in the area. In our territory, marked by a history of environmental sacrifice, there is no real transition. On the contrary, the same communities and ecosystems are now facing an intensification of extractivist practices—now labeled ‘green.’ We are witnessing an unimaginable increase in the impacts on our high Andean and marine ecosystems, and on the ways of life that exist here. In this context, the Court’s opinion will be crucial in strengthening the legal defense of our territories in various processes of Indigenous consultation and environmental justice that are already underway and will undoubtedly continue within the framework of these policies." Yeny Rodríguez, senior attorney and Line Coordinator, Interamerican Association for Environmental Defense (AIDA)"The Advisory Opinion No. 32 of the Inter-American Court recognizes the high degree of vulnerability and risk in which strategic ecosystems in Latin America are found for the water cycle and climate, such as the Andean salt flats, and sends a very clear message to the governments of the region and to the companies operating in our territories: in application of enhanced due diligence, they must avoid mining activities that could generate irreversible damage to ecosystems and aggravate the situation of vulnerability of indigenous peoples or communities at risk."

Laguna de agua cristalina en el páramo de Santurbán, Colombia

May 20 2025 Freshwater Sources, Mining

UN experts denounce threats and stigmatization against defenders of water and the Santurbán páramo; demand protection for their work

Bucaramanga, Colombia. On March 6, 2025 the United Nations Special Rapporteurs on human rights defenders, a healthy environment, water and sanitation, and the UN Working Group on Business and Human Rights sent formal letters to the governments of Colombia, Canada, and the United Arab Emirates, as well as to the companies Aris Mining and MDC Industry Holding Company LLC to denounce the threats and stigmatization faced by the Committee for the Defence of Water and the Santurbán Páramo for defending this ecosystem threatened by mining in Colombia. To date, only the Colombian government’s reply has been made public. While harassment is not new, content has recently been disseminated on social media labeling the Committee’s spokespersons as "persona non grata", endangering their lives by claiming false connections to illegal armed groups. Committee members have warned that "every day that passes without a response from the national government and the companies legitimizes those who seek to silence us".For 16 years, the committee has worked to protect the Santurban páramo - a high altitude wetland ecosystem which provides fresh water to more than two million people. Recently, they achieved recognition of part of the páramo as a Temporary Reserve Zone, which means that large-scale mining activities will be suspended for two years.Viviana Herrera, Latin America Program Coordinator at MiningWatch Canada, said, "it speaks volumes that Canada has not yet responded to the UN experts. Canada must prioritize the environmental defenders of the Santurbán Committee and their struggle to protect water."Sebastián Abad Jara, an attorney with the Interamerican Association for Environmental Defense (AIDA), said that "through these letters, the offices of the UN recognized the committee as a coalition of rights defenders; they informed governments and companies of the clear, imminent, and specific risk to its members; and in doing so they dismantled the false narratives linking their activities to those of illegal groups."The UN agencies emphasize that Aris Mining, its subsidiary Minesa, and all companies in its supply chain associated with the Soto Norte project — such as Calimineros — have an obligation to respect and protect human rights, especially those of environmental and water defenders."Colombia is one of the most dangerous countries for those defending water and life against extractive projects, which is why immediate action by states and companies is urgently needed to stop the stigmatization and guarantee the safety of members of the committee," said Jen Moore, associate researcher at the Institute for Policy Studies (IPS).The Committee for the Defence of Water and the Santurbán Páramo, AIDA, MiningWatch Canada, IPS, Common Frontiers Canada, and the Center for International Environmental Law (CIEL) reiterate the call by United Nations experts to the governments of Colombia, Canada, and the United Arab Emirates, as well as to Aris Mining company and MDC Holding, to safeguard the lives and integrity of the committee members.In accordance with their obligations under national law, the Escazú Agreement, inter-American law and jurisprudence, and the Guiding Principles on Business and Human Rights, we also urgently call on states and companies to respond to the substance of the letters and adopt measures — with verifiable deadlines and measurable progress — to prevent companies associated with the Soto Norte project from committing human rights violations.Only the protection and strengthening of historic leadership such as that of the Santurbán Committee in Colombia will bring us closer to environmental and climate justice. The concerns raised by the offices of the UN are a reminder that protecting those who lead the struggle for water in Latin America is an imperative of state and corporate due diligence.Press contactsCommittee for the Defense of Water and the Santurbán Páramo, [email protected] Quintanilla (Mexico), AIDA, [email protected], +5215570522107Viviana Herrera, Mining Watch Canada, [email protected], +14389931264Jennifer Moore, IPS, [email protected], +12027049011

May 08 2025 Climate Change, Human Rights, Indigenous Rights

Reimagining the circular economy from the extraction territories. Proposals from Latin America

Among the various global commitments to address current climate crisis, international governance bodies, such as the United Nations, have provided guidance on the need to duplicate renewable energy production and electromobility to decarbonize the global energy mix, calling this process “energy transition”. However, this implies intensifying the extraction of minerals that make the development of these technologies possible. Each region of the world plays a different rol within the supply chain of minerals that will be used in decarbonization proceses. Latin America has been identified as one of the regions with vast mineral reserves that would fuel this transicion proposal. However, in this context of mining interest there is the tendency to make invisible the populations that inhabit these territories as well as their hydrogeological systems of local, regional and global significance.Lithium is one of the minerals that has noticeatly increased its commercial interest in terms of progress on energy decarbonization. It is in the Gran Atacama region, which encompasses areas of Argentina, Bolivia and Chile, where the greatest global reserves are found. Nevertheless, for lithium to be available it requires going through a complex international supply chain, which is particularly complex since it includes mineral extraction, its refining to battery-grade, production of electrodes for batteries, production of batteries and, finally, production of electric vehicles.This situation, of increased demand for minerals in complex global supply chains, generates warnings about the risk for the region to recreate a new cicle of extractivism, should public policies that integrate in an effective way environmental, social and territorial development standards, are not devised and implemented.Circular economy, closely related to the energy transition process, arises as a key strategy to overcoming the logic of traditional linear economy system (take - make - consume - throw away). Its aim is to reduce pressure on the territories and common goods through the incorporation of sustainability criteria to supply chains, by promoting a more rational management of the mineral resources extracted.However, this way of understanding circular economy, linked to minerals for energy transition, is also supported by the expansion of extractivism, especially in the Global South. This comes as a result since decarbonization options requires a huge amounts of minerals for energy storage, and these are extracted at the cost of high environmental and social impacts that threatens the resilience of the ecosystems from where they are extracted posing a risk to the populations that inhabit them.Taking into account these limitations, a circular economy proposal, from the perspective of Latin American extraction zones and applied to transition minerals, should contribute to guarantee that changes in the energy mix towards technologies with fewer Greenhouse effect emissions (widely known as energy transition), be truly just throughout all the stages of the process. This implies avoiding the creation, expansion and/or deepening of sacrifice zones, as well as ensuring environmental restoration, guaranteeing compliance with human rights as well as reparation of those rights that have been violated. Furthermore, it should take into account the biophysical boundaries and resilience capacity of the environments. Read and download

March 21 2025 Human Rights, Indigenous Rights, Freshwater Sources

Why is lithium mining in Andean salt flats also called water mining?

By Víctor Quintanilla, David Cañas and Javier Oviedo* According to official figures, approximately 2.2 billion people worldwide lack access to drinking water.Despite this panorama, threats to this common good from overexploitation and pollution are increasing. One such threat is the accelerated extraction of lithium in Latin American countries, driven by corporate and state actors to meet the energy transition needs of the global North.Lithium extraction involves enormous water consumption and loss and is essentially water mining.On the continent, the advance of the lithium industry particularly threatens the salt flats and other Andean wetlands of the Gran Atacama region—located in the ecological region of the Puna, on the border of Argentina, Bolivia and Chile—where more than 53 percent of the mineral’s resources (potentially exploitable material) are located.Lithium mining exacerbates the natural water deficit in the area, threatening not only the salt flats, but also the many forms of life that live there. Where does the water used in lithium mining come from?First, it’s necessary to point out that salt flats are aquatic ecosystems located at the bottom of endorheic or closed basins. There, rivers do not flow into the sea but into the interior of the territory, so the water forms lakes or lagoons often accompanied by salt flats due to evaporation.In the salt flats, freshwater and saltwater usually coexist in a delicate balance that allows life to survive.The regions with salt flats, such as the Gran Atacama, are arid or semi-arid, with high evaporation and low rainfall. There we find freshwater aquifers at the foot of the mountains and brine aquifers in the center of the salt flats, both connected and in equilibrium.Brine is basically water with a high salt content, although the lithium mining industry considers it a mineral to justify its exploitation and minimize the water footprint of its activities.In addition to being essential for life, the waters of the salt flats are a heritage resource because they are very old—up to tens of thousands of years—and have been the livelihood of the indigenous people who have inhabited the Puna for thousands of years.When the mining industry moves into a salt flat, it threatens the natural balance and directly affects the relationship between water and the social environment, as well as the relationship between water and other forms of life.To extract lithium from a salt flat, the traditional procedure is to drill the salt flat, pour the brine into large ponds, wait for the water to evaporate so that the lithium concentration increases, send the lithium concentrate to an industrial plant and subject it to chemical treatment to separate the lithium from other salts and finally obtain lithium carbonate or hydroxide: a raw material used mainly in the manufacture of batteries.The continuous and large-scale extraction of brine from saline aquifers alters the natural balance of groundwater. As a result, areas that were previously filled with brine are emptied, causing freshwater from nearby aquifers to move in and occupy those spaces, becoming salinized in the process.The final processes to extract lithium carbonate and separate it from the rest of the compound also require water, which is drawn from surface or underground sources that also supply local communities.Therefore, the water used in lithium mining comes from:Underground freshwater and brine aquifers.Surface sources such as rivers and vegas (land where water accumulates). Therefore, the inherent risk of lithium mining is the overexploitation of these water sources. How much water does lithium mining use?The extraction of lithium by the methods described above involves an enormous consumption and loss of water, which is not returned to the environment because it completely used up, because its properties change, or because it is simply lost through evaporation.According to scientific data, the average water overconsumption in lithium mining is as follows:150 m3 of fresh water used to produce one ton of lithium.350 m3 of brine per ton of lithium.Between 100 and 1000 m3 of water evaporated per ton of lithium produced. To illustrate the loss of water resources in lithium mining, the water lost to evaporation is equivalent to the total water consumption of the population of Antofagasta (166,000 people) for two years. This Chilean city is located 200 km from the Salar de Atacama, where more than 90 percent of the country's lithium reserves are located.In addition to water depletion, lithium mining can also contaminate the resource by producing wastewater containing toxic substances. Our vital relationship with waterUnlike the mining industry, which sees water as just another resource to be exploited, the indigenous communities living in the area have an ancestral connection to the resource on which their economic and productive activities depend, as well as their customs, traditions and worldview.These communities must now confront the pressures on water from the advance of lithium mining, driven by outside interests.But they are doing so with courage, developing processes of defense of water and territory.Let us learn from them to defend a common good without which no way of life is possible.Learn more about the impacts of lithium mining on Andean salt flats in this StoryMap (in Spanish)Watch the recording of the webinar “Evidence of hyperconsumption of water in lithium extraction and production” (in Spanish) *Víctor Quintanilla is AIDA's Content Coordinator; David Cañas and Javier Oviedo are scientific advisors.

March 10 2025 Climate Change, Freshwater Sources, Mining

Declaration of a Temporary Reserve Area in the Santurbán Páramo is a victory for the defense of water in Latin America

Civil society organizations celebrate the measure taken by the Colombian Ministry of the Environment, which involves a two year suspension of Canadian company Aris Mining's gold mining project in the páramo.Bogotá, Colombia. The Interamerican Association for Environmental Defense (AIDA), the Institute for Policy Studies (IPS) - Mining and Trade Project, MiningWatch Canada, the Center for International Environmental Law (CIEL) and Common Frontiers Canada celebrate the Colombian Ministry of Environment and Sustainable Development’s (MADS) resolution that declares the western side of the Santurbán massif a temporary renewable natural resource reserve area. This major step strengthens the protection of one of the most emblematic high-altitude Andean wetlands, known as páramo, and its related ecosystems, which are fundamental for climate change adaptation and water security in the region for an estimated 2 million people.Resolution 0221, issued on March 3, 2025 by the Ministry of Environment and Sustainable Development (MADS), delimits and protects an area of 75,344.65 hectares, ensuring a two year provisional suspension of the Soto Norte gold mining project owned by Canadian company Aris Mining and its Colombian subsidiary, Sociedad Minera de Santander S.A.S. (Minesa), which puts Santurbán at risk. Citing the precautionary principle, the resolution prohibits the granting of “new mining concessions, special exploration and exploitation contracts, (...) as well as new environmental permits or licenses for the exploration or exploitation of minerals” in the area until the necessary technical studies are carried out toward its definitive protection. This resolution does not affect agricultural, livestock or tourism activity in the area.However, we are concerned that the resolution leaves in force the concession contract with Calimineros, which has had a subcontract with Minesa to formalize [its small-scale mining activities] since 2020, and from which Minesa promises to buy and process mineralized material. We encourage the competent authorities to suspend evaluation of its environmental license application and extension of the formalization subcontract, due to potential environmental impacts on Santurbán and because it is effectively part of the Soto Norte project.The páramo and related ecosystems are highly sensitive, recognized for their role in water regulation, carbon capture, and the conservation of endemic biodiversity. The removal of vegetation cover and the fragmentation of ecosystems that mining in Santurbán would generate could affect the ecological balance, biodiversity, and the provision of ecosystem services essential for life; acidify and reduce the amount of available fresh-water; and break the ecological interconnectivity with other biomes and ecosystems, destroying their capacity to sequester carbon and causing irreparable damage.For these reasons, we appreciate that the resolution seeks to prevent mining development in this highly sensitive and environmentally important area, preventing degradation of the watersheds that arise from Santurbán and preserving the water cycle.Sebastián Abad-Jara, an attorney for AIDA, pointed out that "by protecting Santurbán, Colombia ratifies its commitment to meet global environmental goals in terms of biodiversity, climate and wetlands, and sets a high bar for the governments of other countries where these ecosystems are similarly threatened by mining activity, such as Peru and Ecuador.""We celebrate this declaration as an important first step toward the consolidation of the western side of the Santurbán massif as a permanent reserve area, definitively protecting this important water source, vital for all who depend on it," said Jen Moore, associate fellow at IPS - Mining and Trade Project.Viviana Herrera, Latin America Program Coordinator for MiningWatch Canada, added that "this resolution is the result of the Committee for the Defence of Water and Páramo of Santurbán’s hard work, which has faced harassment and intimidation for its work in defense of the páramo, as well as disinformation campaigns about the supposed harmful effects of the resolution on agricultural activity."AIDA, IPS-Mining and Trade Project, MiningWatch Canada, CIEL and Common Frontiers Canada support the adoption of this protection measure for Santurbán. We also encourage the national and local government to carry out the necessary technical studies for its definitive protection, and to take preventive measures to avoid the cumulative environmental impacts of mining in the area given other projects that already have mining licenses. Furthermore, we reiterate the urgency of adopting measures to protect environment defenders in Colombia who stand up for the páramo.The Santurbán experience provides valuable lessons and should serve as an example to promote legislation for environmental protection in Latin America that focuses on the human right to water and the balance and integrity of fragile ecosystems, such as the páramo and other high-altitude ecosystems.#OurGoldIsWater Press contactsVictor Quintanilla (Mexico), AIDA, [email protected], +5215570522107Jennifer Moore, IPS, [email protected], +12027049011 (prensa IPS)Viviana Herrera, Mining Watch Canada, [email protected], +14389931264Alexandra Colón-Amil, CIEL, [email protected], +12024550253

Restos de carbón a varios kilómetros del lugar de extracción en La Jagua de Ibirico, departamento del Cesar, Colombia

February 10 2025 Human Rights, Mining

Colombia: Communities and workers win first court ruling on coal mine closure that protects their rights

The Interamerican Association for Environmental Defense (AIDA) celebrates the ruling of the Constitutional Court of Colombia, which recognizes the rights to due process and participation of communities and workers in the closure of coal mining projects in the department of Cesar. This ruling comes after years of insistence by these groups, who filed a tutela lawsuit. In this case, AIDA contributed with a legal brief that includes the analysis it has conducted on the issue of closure and responsible exit in Latin America, from the perspective of the right to a healthy environment and other human rights.Below, we share the statement of the communities and workers on the occasion of the ruling.The Constitutional Court of Colombia issued the first ruling on mine closures in the country (T-029 of 2025). It guaranteed due process and, consequently, the effective participation of the communities and unions representing more than 20,000 people in the more than four municipalities affected by the environmental, social and economic impacts of the first irregular abandonment and closure of large-scale coal mines in Colombia.We, a group of affected communities and dismissed workers from Cesar and Magdalena, have led a legal action for more than four years to ensure a public dialogue through a large consultation table where the communities, dismissed workers, local authorities and the affected citizens in general of the mining municipalities of La Jagua, El Paso, Becerril and Ciénaga can know and participate in the definition of compensation and restoration measures that the multinational Glencore - Prodeco must carry out in these municipalities as part of its mining abandonment and closure plan, which is in the process of being approved by the National Environmental Licensing Authority (ANLA).In this ruling, the court determined that the Seventh Administrative Court of Valledupar violated the fundamental right to due process by considering that the multinational company had complied with this participation process with a SINGLE socialization meeting held in November 2022 in these municipalities, which is clearly insufficient and does not comply with what was agreed in the minutes of the meeting, where the commitment of the parties was to convene the GREAT TABLE OF DIALOGUE AND CONCERTATION in the presence of the affected population of these four municipalities.The court ordered to initiate again the opening of the contempt proceeding against the legal representative of Grupo Empresarial PRODECO S.A. and to review the compliance with the judgment and the agreement contained in these minutes.We, as communities and unions of the mining corridor, supported by national and international civil society organizations, and represented in court by attorney Rocío Torres Bobadilla, consider that this public roundtable may be the last opportunity for us to make a balance of what has happened in our territories after 25 years of exploitation and achieve measures for Glencore to compensate and restore all the impacts caused.Therefore:We invite Glencore - Prodeco to a constructive dialogue, to avoid evasive maneuvers and to respect the importance of this judicial decision.We request the Colombian State, headed by the ANLA, the DEFENSORIA and the PROCURADURÍA to accompany us in this process, support this judicial decision and strengthen our protection measures to guarantee our safety as leaders in this process to comply with this ruling.We request national and international organizations to continue supporting us to guarantee a real and effective participation and that this GREAT CONCERTATION TABLE is fulfilled. Finally, we ask the entire population of the country and especially of the municipalities of La Jagua, Becerril, El Paso and Ciénaga to accompany us, support us and join us in a great process to DEFEND THIS JUDICIAL DECISION which is HISTORIC for our territory in order to restore and compensate the serious environmental and social impacts caused by the irregular mining closure and to find measures to address the great poverty and unemployment we are experiencing.Join us to be heard, to heal our territories and to recover our economy.Signed byJunta de acción comunal de BoquerónConsejo Comunitario Afrodescendiente Coafrovis de la Victoria de San IsidroRed de Mujeres del Municipio del Paso Asamblea Campesina del Cesar por la Restitución y el Buen Vivir Asociación de Usuarios Campesinos (ANUC) el Paso Sindicato Nacional de Trabajadores del Carbón (Sintracarbón) Sindicato Nacional de los Trabajadores de la Industria Minero-Energética (Sintraminergetica) Sindicato Nacional de los Trabajadores Mineros Asociación del Reguardo Sokorhpa del Pueblo Indígena Yukpa Consejo Comunitario Caño Candela de Becerril Junta de Acción Comunal del Barrio Don Jaca en Santa Marta Corregimiento de Cordobita en Ciénaga (Madgalena) Vereda el Hatillo Representante Junta de Acción Comunal Sororia de la Jagua de Ibirico Centro de Estudios para la Justicia Social Tierra Digna Rocío Torres Bobadilla- environmental rights defender National and international organizations and defenders that SUPPORT US:Universidad del Magdalena Universidad del Magdalena Clínica Jurídica Interamerican Association for Environmental Defense (AIDA)London Mining Network PAX Holanda PAX Colombia CNV InternationaalSolifonds Multiwatch ASK Switzerland-Colombia Working GroupUrgewald Polen –Transiciones JustasAna Catalina Herrara - labor rights defenderÁngela Velandia Cruz – human rights defender

January 31 2025 Climate Change, Human Rights, Freshwater Sources

Life in Andean wetlands at risk from extractivism

The expansion of industrial extraction of lithium and other minerals for the energy transition of the global north threatens wetlands in Argentina, Bolivia and Chile. These delicate ecosystems are an abundant source of life and fundamental for human subsistence, environmental balance and for mitigating and adapting to the climate crisis.The Andean wetlands - including salt flats, lakes and lagoons - of Argentina, Bolivia and Chile are at serious risk due to the advance of the extraction of lithium and other minerals demanded for the energy transition in the countries of the global north. The Andean Wetlands Alliance warns of this threat to these ecosystems where life abounds and which are key to human subsistence and biodiversity in general and to the fight against the climate crisis.This year, the Convention on Wetlands proposes as the theme for World Wetlands Day: “Protecting wetlands for our common future”. This theme highlights the importance of collective action to protect these ecosystems, on which the future of humanity depends.According to United Nations data, although they cover only 6% of the earth's surface, wetlands are home to 40% of all plant and animal species. And, worldwide, more than 1 billion people (one eighth of the Earth's population) live in rural and urban areas that depend on these ecosystems for their livelihoods. However, with a 35% global loss in the last 50 years (since 1970), wetlands are the most threatened ecosystem, disappearing three times faster than forests.In Latin America, the Andean wetlands of the Gran Atacama region - located in the border area of Argentina, Bolivia and Chile - are home to unique species of flora and fauna, especially adapted to extreme climatic conditions, as well as microorganisms that absorb carbon dioxide and release oxygen. Its high capacity to purify and store water guarantees the supply of the resource for communities and species, also generating conditions for adaptation to the climate crisis.However, due to the presence of large quantities of lithium in these wetlands - the three countries concentrate more than 53% of the resources (potentially exploitable material) of the mineral - there is great pressure on them: corporate and state actors have developed a growing and massive mining industry to meet the demand for lithium in the global north, oriented to the manufacture of electric vehicles and energy storage from renewable sources, among other purposes.On the other hand, national and provincial governments see the industry as an opportunity to attract investment and strengthen their economies, for which they relax or poorly implement regulations that require an adequate analysis of the environmental and social impacts of projects. Likewise, there are no processes of consultation and free, prior and informed consent with the indigenous communities living in the territories. Nor are the rights of access to information, citizen participation, access to justice in environmental matters, or a safe environment for environmental defenders guaranteed.One of the main impacts of this type of mining (lithium extraction) is on water, a central element of Andean wetlands. Lithium is extracted from the water beneath the salt flats, a process that requires both saltwater and freshwater. Andean wetlands exist in regions where survival depends on the scarce water that defines them. The expansion of extractivism in the Gran Atacama regionArgentinaAccording to official data, the country has a portfolio of more than 50 lithium projects in different stages of progress, mainly located in the provinces of Salta, Catamarca and Jujuy. Three of them are in production and export stage (a fourth project started production in July 2024), four are under construction and more than 40 are at different stages of progress (prospecting/exploration/feasibility), mostly in advanced exploration phase. In Salta and Jujuy operate large companies such as Pan American Energy, Pluspetrol and Tecpetrol, historically linked to the oil and gas industry, which are now expanding their presence in renewable energy sectors, with a marked interest in lithium extraction.However, through an amparo action filed against the authorities and government of the province of Jujuy, it has come to light that there are more than 40 mining projects in the Salinas Grandes Basin and Guayatayoc Lagoon alone, an endorheic basin where more than thirty native communities belonging to the Kolla and Atacama peoples/nations live. To date, their progress and whether there are other projects is unknown because access to public environmental information is restricted and is not provided in a complete and timely manner, in breach of national regulations and international standards. In the Salar del Hombre Muerto, Catamarca, is the oldest lithium mining enclave in the country. The salt flat has been exploited since 1996 by the company Livent (now Arcadium Lithium), causing the total and irreversible drying up of the vega of the Trapiche River. In March 2024, the Supreme Court of Catamarca ordered a halt to mining activity in this salar until a cumulative environmental impact assessment is conducted. BoliviaIn the Salar de Uyuni, the largest in the world, resources of 23 million tons of lithium have been identified. And there are 26 other salt flats that, by regulation, are reserved for the exploitation of the mineral; exploration activities are being carried out in six of them. In Bolivia, lithium is state-owned. The country has a state-owned exploitation plant that began operating in 2024 at 20% of its capacity. In 2012 and 2018, two public consultations were held for state-owned plants, but these excluded indigenous and native communities with titled collective lands. Some communities have informally denounced a significant depletion of springs and water wells. The degradation of the Salar de Chalviri and the overexploitation of lithium and boron in the Salar de Capina have also been denounced.Since 2023, agreements have been signed and exploration and camp installation activities have begun with one Russian and two Chinese companies. These agreements have resulted in two contracts, signed at the end of 2024 and pending approval by the Legislative Assembly, with the Russian company Uranium One Group for a plant in the Salar de Uyuni and with the Chinese consortium CBC Hong Kong (CATL-BRUMP-CMOC companies) for two other plants in the same salar. Also at the end of last year, a second international call was launched for the exploitation of four other salt flats (Empexa, Capina, Cañapa and Chiguana), which has resulted in the signing of agreements with the companies EAU Lithium Pty Ltd (Australia), Tecpetrol S.A. (Argentina) and Geolith Actaris (France). These agreements, contracts and processes have been developed without prior consultation processes and with a lack of transparency. ChileThe Salar de Atacama basin is home to more than 90% of Chile's lithium reserves and was one of the first to be exploited by the mining industry. Currently, there are four major mining operations in the Salar Atacama, located in the Antofagasta Region: lithium extraction by Sociedad Química y Minera de Chile (SQM) and Albemaerle, under contracts with the Corporación de Fomento de la Producción (CORFO), which involves the extraction of more than 2,000 liters of water per second; and the parallel extraction of copper by Minera Escondida and Minera Zaldívar, which extract more than 1,400 liters of fresh water per second, aggravating the already critical water crisis in the area. The Atacameño Community of Peine, who live in the salar basin, has taken legal action denouncing the overexploitation of their aquifers, while in Calama, citizen movements are demanding water governance in the face of uncontrolled extraction by mining companies. In 2015, a government-appointed committee recognized that brine extraction has adverse effects on the ecosystem, but instead of regulating its use, it confirmed the government's long-standing policy of regulating lithium production.In Chile, the government has exclusive property rights over lithium under Decree Law 2886 (1979). This means that state institutions, particularly CORFO, set the conditions under which private companies operate in the salars. In 1979, following U.S. directives, the Chilean government - the dictatorship of Augusto Pinochet - declared lithium a “strategic mineral” and took measures to safeguard long-term reserves by limiting production through quotas accredited by the Chilean Nuclear Energy Commission.The National Lithium Strategy, launched in 2023, seeks to expand state exploitation, including new projects in the Maricunga and Pedernales salt flats. Chile concentrates 36% of global lithium production and, with at least 31 new green hydrogen projects in the pipeline, pressure on water resources will increase exponentially. It is known that, since 2013, on SQM's property, 32.4% of the carob trees (Prosopis chilenis) have dried up due to lack of water. The carob tree is a native tree, resistant to drought and with very deep roots that allow it to survive in this environment. Press contacts Víctor Quintanilla, Interamerican Association for Environmental Defense (AIDA), [email protected], +52 5570522107Rocío Wischñevsky, Fundación Ambiente y Recursos Naturales (FARN), Argentina, [email protected], +54 1159518538Verónica Gostissa, Asamblea Pucará (Argentina), [email protected], +54 93834771717Juan Donoso, Formando Rutas (Chile), [email protected], +4915780743628

January 20 2025 Climate Change, Human Rights, Indigenous Rights

Let's talk about project closure and responsible exit

No mining, fossil fuel extraction or power generation project lasts forever. Their useful life is determined by internal factors, such as the quantity of resource reserves, and external factors, such as declining demand or financial problems.But no matter how long a project lasts or how it is affected, its promoters—whether public or private—must provide for a closure and responsible exit process that considers the natural environment and affected communities, and that is desired and promoted by all stakeholders.This issue is even more relevant in the context of actions needed to address the climate crisis, largely related to the energy transition, which generally implies the substitution of fossil fuel extraction and use projects, as well as the promotion of low-emission renewable energies associated with mineral extraction. In both scenarios, closure and exit issues are of great importance.In the first, it is necessary to incorporate concrete and enforceable commitments to close down and move on from existing projects. In the second, these requirements should be built in from the planning and pre-feasibility stages and should also be included in the environmental impact assessments and subsequent stages.In all projects, the role of the promoters is essential. Likewise, the obligation of the state to supervise and monitor is of great importance in order to protect and guarantee the rights of those who may be affected. In some cases, the responsible exit also includes other key actors that are part of the value and supply chains of the projects: investors, financiers, insurers, suppliers, distributors and buyers, among others.Therefore, the discussion of project closure and responsible exit is essential to environmental protection and climate management in Latin America.What do we mean by project closure and exit?All mining and energy projects have different phases in their life cycle: initiation, planning, execution, monitoring and control, closure, and post-closure. In turn, they have supply and value chains that, as we have said, involve actors from different sectors.In this context, closure refers to the stage of a project in which it ceases to operate and is terminated. Exit, on the other hand, refers to the decision and subsequent process in which the different actors in the project's value and supply chain, in their own roles, completely disengage from the project. What does it mean for a closing and exit process to be responsible?There is currently no consensus on the definition and scope of responsible exit and fair project closure processes. Sometimes these terms are used indiscriminately, which can lead to confusion about the responsibilities of the actors involved and the scope of the processes to be carried out. However, there are elements that allow these concepts to be explained precisely:Responsible and fair project closure is a planned, upfront process that should be considered from the earliest stages of a project and continually updated as the project evolves. Responsible closure ensures a planned, coordinated and participatory cessation of activities and dismantling, and guarantees the right to a healthy environment.The planning and development of a closure plan should focus on risk management as well as impact prevention and mitigation. This will ensure a responsible closure in which the affected areas can be readapted and made safe for both nature and communities, while allowing the ecosystems to recover their functions.The general obligation of the project developer is to properly identify the impacts that the project may cause and to adequately and timely comply with the measures approved by the State in its environmental management instruments.The main obligation of the State (in addition to its general regulatory duty) is to supervise and monitor the project to verify compliance with the developer's obligations and to prevent environmental and/or social damage.The role of other actors in the value and supply chain is to act with due diligence, to use their influence to encourage the promoter to comply with its obligations and, in the event of non-compliance, to act within their role and influence to ensure that the necessary corrective measures are taken.Responsible and fair exit refers to the process undertaken by the various actors in the value and supply chain when they decide to fully divest from a project, considering the responsibilities inherent in their role, which include fulfilling their obligations with respect to human rights and due diligence.In Latin America, there has been important progress in regulating aspects related to the permitting, commissioning and implementation of mining and energy projects. However, experience has shown that there are significant challenges in ensuring that the closure and exit processes are responsible for the ecosystems and communities involved.To learn more about this issue, see our report Closure and Responsible Exit. A requirement for environmental and climate justice in Latin America (in Spanish).

December 14 2024 Human Rights, Mining, Public Participation

European Union regulations and strategies jeopardize a just energy transition in Latin America

Reducing the production and consumption of minerals and deepening its circularity policy could enable the EU to address the social and environmental crises equitably, without exacerbating inequalities or compromising human well-being in the areas of the Global South where minerals are extracted. Brussels, Belgium – Following EU Raw Materials Week, which convened in Brussels this week, civil society organizations in Latin America warned that European Union regulations fail to respect the rights of communities affected or at risk of being impacted by mineral extraction projects used for energy transition and other industries, deepening inequalities in the Global South.While the debate around the future dynamics of raw materials in Europe – under the slogan “Europe means business; Europe is a powerhouse”– sought to foster investment opportunities between EU industry and countries of the Global South, the event fully ignored the realities of the territories in which these minerals are extracted. The effective participation of Latin American civil society has been practically non-existent, and the voices of local communities affected by the “critical minerals” projects promoted at the event have been excluded.“The EU's current raw materials and trade policy contradicts Europe's claim and rhetoric of upholding human rights and the highest environmental standards and supporting mineral-rich countries in creating added value and in their own energy transition.” said Teresa Hoffmann, EU raw materials policy expert and member of FARN. “Instead of making rapid progress in implementing human rights and environmental standards, there is a risk of even deregulating existing laws in the name of ‘competitiveness through simplification.’” The competitiveness paradigmThe event's agenda showcased the paradigm promoted by the European Commission in the framework of competitiveness vis-à-vis other countries such as China and the United States, which also seek to control the market of the so-called “clean technologies” and other industries, such as the military and aerospace. This approach is supported by the Draghi report, which stresses the importance of strengthening Europe's position in the global market.This narrative frames competitiveness in a very narrow perspective of perpetual growth, ignoring key elements such as environmental sustainability, social justice, and the need for real action in order for the EU to take steps to reduce its demand for minerals and its energy consumption.“The new paradigm of competitiveness does not take into account the limits of the planet, nor the climate, biodiversity and water crises, and risks deepening the asymmetry of power and inequality that exist between the countries of the Global South and the Global North, while promoting policies that impede a just global energy transition,” said Pía Marchegiani, deputy executive director and director of the Environmental Policy area of the Environment and Natural Resources Foundation (FARN). European Critical Raw Materials Regulation (CRMR)The Commission this week discussed the implementation of the European Critical Raw Materials Regulation (CRMR) through 'strategic projects' and 'strategic partnerships' in and with countries in the Global South.Critically, although the regulation will be widely implemented in Latin America—where many of these minerals are found in strategic ecosystems and indigenous territories—it does not include robust human rights and environmental due diligence mechanisms appropriate to the socio-cultural context of this region.On the contrary, the CRMR allows European companies to self-regulate their compliance with human rights and environmental standards through schemes that do not consider the complexity of the aggregate and synergistic impacts of extractive activities, which are expanding rapidly due to European and global demand.“Europe is seeking to secure access to minerals and energy through the modernization of free trade agreements, bilateral investment agreements and the CRMR itself. This new law promotes private mechanisms for multi-stakeholder participation and mining standards on environmental issues or transparency, which cannot be understood as a substitute for the procedures and regulations provided for in the laws of countries” said Ramón Balcázar, researcher and executive director of the Fundación Tantí. “Currently, we see them being used by the same companies and states that together systematically deny the right to free, prior and informed consultation to the peoples who are often affected simultaneously by mining and energy mega-projects”. Territorial realities not on the EU agendaIn Latin America, there is vast evidence that large-scale mineral extraction leads to socio-environmental degradation and conflict, and poses serious risks to local communities and environmental defenders.In the Salar de Atacama in Chile and the Salar del Hombre Muerto in Argentina, lithium extraction has generated environmental conflicts, weakened the social fabric, deepened state violence, and significantly affected these sensitive ecosystems.Despite this, government representatives from several Argentine provinces attending the event failed to refer to the lack of social license and the serious socio-environmental conflicts they face. On the contrary, they emphasized the investment opportunities in these mineral-rich provinces and promoted reforms that represent a serious setback for human and environmental rights, such as the Incentive Regime for Large Investments (RIGI), denounced by the Argentinean organization FARN in a recent communication.“The European Union has regulations whose implementation processes do not respect the rights of access and international environmental law,” said Yeny Rodríguez, senior lawyer at the Interamerican Association for Environmental Defense (AIDA). “This is extremely worrying because we know that there are 49 strategic projects applications for the extraction of transitional minerals outside of the EU (out of a total of 170 proposals), but we have no information about which ones. They are likely in the Global South and, more worryingly, they may be planned on indigenous lands and in strategic ecosystems that should be recognized by the EU as no-go zones, or mining-free areas”.We call on the EU to rapidly adopt effective solutions to reduce the production and consumption of minerals and to deepen its circularity policy to address the social and environmental crises in an equitable and intergenerational way, without creating new inequalities or compromising human well-being in Latin America, as recently called for by the UN Economic Commission for Europe itself. Press contactsAnna Miller (USA), AIDA, [email protected], +17166029553Belén Felix (Argentina), FARN, [email protected], +5491134214728Felipe Fontecilla (Chile), Fundación Tantí, [email protected], +56954460903

SQM's mining operation in the Salar de Atacama, Chile

December 12 2024 Climate Change, Human Rights, Mining

The role of critical minerals in the energy transition: policy implications at the local, national, regional and global level

2023 was the hottest year: 1.45 ºC above pre-industrial values. The trend points to an increase of 3º C. Consequently, climate events are becoming more extreme, frequent and long-lasting, affecting particularly vulnerable populations in the Global South. These countries not only lack financing to face losses and damages, and to propose mitigation and adaptation measures, but also bear the brunt of increased extraction of minerals needed for the energy transition in the Global North. The G20 countries, responsible for 76% of GHG emissions, should lead ambitious climate action, particularly in the energy sector, which accounts for 86% of global CO2 emissions (UNEP, 2023).In the outline of plans and policies for the energy transition, the demand for minerals considered critical, such as lithium, is increasing rapidly, exacerbating the global climate and ecological crisis by threatening Andean wetlands´ contribution to climate adaptation and mitigation. Also, this pressure to extract is affecting the rights of the indigenous communities who inhabit the salt flats in Argentina, Chile and Bolivia, which together concentrate over 50% of the world’s reserves. Additionally, geopolitical competition for technological control of the energy transition hinders countries in the region from advancing in the battery production value chain. Tensions emerge between technicaleconomic positions that prioritize the security of supply and friend-shoring and those that integrate the relationship between energy, ecological and socio-economic systems and challenge power asymmetries.This policy brief discusses lithium´s challenges for energy transition debates and calls the G-20 to ensure commitment to improved global cooperation that involves material reduction targets in the Global North, benefits for producer countries and a strong respect for planetary boundaries and human rights. Read and download the policy brief