Mining

Cosecha de sal en el Salar de Uyuni, Bolivia
Mining, Freshwater Sources, Climate Change

Organizations and communities alert to human rights impacts of mineral extraction for the energy transition

A public hearing before the Inter-American Commission on Human Rights will focus on the impact of the expansion and intensification of extractive operations for transition minerals like lithium and copper on communities in Latin America.   Washington DC. On November 15, at a public hearing before the Inter-American Commission on Human Rights, representatives of national and regional organizations, as well as members of communities and indigenous peoples, will present updated information on how the exponential increase in the demand for and extraction of transition minerals has caused serious human rights violations as part of a transition process that is proposed only as a change in the energy matrix and is incapable of addressing inequalities in energy production and consumption, particularly in the Global South. Transition minerals like lithium, copper, cadmium, and cobalt—also called “critical” minerals—have been proposed in many global discussions as one of the main solutions to the climate crisis, as they are used in the development of technologies for the production of renewable energy, thus reducing or replacing the use of fossil fuels. A large part of these minerals are located in Latin America, in areas of great biocultural diversity. At the hearing, participants will present the main threats that mining for energy transition poses to the rights of indigenous peoples and local communities, the right to a healthy environment, access to environmental information, citizen participation, and justice. In addition, concrete cases of human rights violations in the context of mining for energy transition will be presented through testimonies. These impacts are already occurring in countries such as Argentina, Bolivia and Chile, which concentrate about 53 percent of the world's known lithium deposits in their Andean wetlands, extremely fragile ecosystems confronting water scarcity; in Chile and Peru, where 40 percent of the world’s copper is mined; and in the Colombian Amazon, where concessions, mining claims and illegal extraction of transition minerals are violating the rights of indigenous peoples. Several international organizations have spoken out about human rights abuses related to climate crisis response, particularly energy transition processes. In September, the UN Panel on Critical Minerals for Energy Transition issued a set of recommendations and voluntary principles for governments, industry and other stakeholders to ensure equitable, fair and sustainable management of these minerals. These guidelines aim to ensure that the transition to renewable energy is based on fairness and equity, and that it promotes sustainable development, respect for people, and environmental protection in developing countries. The hearing will take place during the 191st period of sessions of the Inter-American Commission. It was requested by the Due Process of Law Foundation (DPLF), the Gaia Amazonas Foundation and the organizations that are members of the the Alliance for Andean Wetlands (Alianza por los Humedales Andinos): the Interamerican Association for Environmental Defense (AIDA), a regional organization; the Fundación Ambiente y Recursos Naturales (FARN) and the PUCARÁ Assembly, of Argentina; the Centro de Documentación e Información Bolivia (CEDIB) and the Colectivo de Derechos Humanos Empodérate, of Bolivia; ONG FIMA, Defensa Ambiental and Fundación Tantí, of Chile. The hearing will be held from 9:00 a.m. to 10:30 a.m. (Washington DC time) and will be broadcast via Zoom, which requires prior registration at the following link: https://www.zoomgov.com/webinar/register/WN_dsEZdrDqSyOA8-i7ikveJQ#/registration.   Quotes from representatives of organizations and communities   Verónica Chávez, representative of the communities of Salinas Grandes and Laguna de Guayatayoc, Argentina: "All of us who are part of the Salinas Grande watershed are living a situation in which our rights are being affected. We hope that the IACHR can resolve this situation because it is very serious; they are damaging our territories, living beings, and nature itself."   Liliana Ávila, director of the Human Rights and Environment Program at the Interamerican Association for Environmental Defense (AIDA): "The energy transition in our countries should be an opportunity to move towards more just and equitable energy production and distribution processes. The human rights framework and the role of the international protection system are fundamental in this regard. It is very important that the Inter-American Commission closely follows this process and promotes the protection of human rights."   Verónica Gostissa, attorney with Asamblea Pucará of Catamarca, Argentina: "In our territory, the province of Catamarca, Argentina, we are living a serious violation of our rights, which is reflected first and foremost in the visible environmental impacts. Since 1997, lithium mining has caused significant environmental damage, including the drying up of a branch of the Trapiche River, a damage that persists to this day. Water continues to be taken from this damaged river, despite recognition of the damage by the company and government authorities. Access to public information, participation and consultation, and access to justice are also affected. For years, extractive projects have been approved without adequate procedures, and although a lawsuit filed by the Atacameños del Altiplano indigenous community resulted in a regulation, it does not meet the standards for effective indigenous consultation. In addition, more than 10 lithium projects are being developed in the same territory, the Salar del Hombre Muerto, without any cumulative and comprehensive impact assessment to date."   Vivian Lagrava Flores, coordinator of the Colectivo de Derechos Humanos Empodérate, Bolivia: "Indigenous communities reject mining projects, they can even issue their resolutions and say no in the mining consultation process, but their decisions are not binding for governments. International standards are not respected, and the subjugation of territories and the imposition of mining rights are legitimized with discourses of progress and development, but it is not development from the vision of the indigenous peoples, nor from ours."   Lady Sandón, representative of the Environment Unit of the Consejo de Pueblos Atacameños, Chile: "There is a lot of ignorance of the law for the native/indigenous people, which favors the state, and that is why the inhabitants of the land, by not knowing, do not enforce their guarantees. The state institutions violate the social, environmental, and cultural aspects; sometimes they use the indigenous people themselves to create divisions and to have supporters or political and mining operators who promote the change of the thinking of the genetic memory that we have as native people. I hope that we can revisit the situation of ancestral indigenous justice as a mechanism that previously established corrections so that the values and principles of ‘Buen Vivir’ are respected."   Daniel Cerqueira, program director of the Due Process of Law Foundation (DPLF): "This hearing is an opportunity for the Inter-American Commission to clarify the parameters of action for both States and companies in the management of transition minerals. It is imperative to have specific obligations in this area, as human rights violations resulting from the extraction of these minerals are a reality that tends to worsen in several countries in the region."   Juan Sebastian Anaya, advocacy advisor at the Gaia Amazonas Foundation (Colombia): "The indigenous governments of the Amazon exercise their territorial and environmental authority in accordance with the Law of Origin, which guides their knowledge systems and principles of relationship with the elements of the territory, such as minerals. The decarbonization of the energy matrix to maintain consumption standards in the global north should not be done at the expense of indigenous territories and the communities that protect them, govern them and make them flourish with their daily practices." Press contacts Víctor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107 Rocío Wischñevsky (Argentina), FARN, [email protected], +54 91159518538  Karen Arita (Mexico), DPLF, [email protected], +52 442 471 9626  

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Declaración para la protección de los páramos y el bosque montano
Indigenous Rights, Mining, Freshwater Sources

Declaration for the protection of the páramos and montane forests of the Tropical Andes

The undersigned civil society organizations, gathered in the framework of the 16th meeting of the Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD) in Cali, Colombia:   1.URGE States Parties to the CBD to adopt domestic regulations and make international commitments to: recognize the crucial role of the páramos and the montane forest that protects them in global water regulation, mitigation and adaptation to the climate crisis, as well as in the conservation of biocultural diversity; protect the human rights, traditional knowledge and sustainable practices of indigenous peoples and peasant and traditional communities that inhabit the páramos and montane forest; and prohibit large-scale mining or similar practices in paramos and montane forests in terms of their socio-environmental impacts, in accordance with the principles of precaution and prevention.   2. REQUEST the States to include in their national biodiversity strategies and action plans indicators and monitoring mechanisms before the CBD that allow them to adequately measure and report compliance with the commitments they assume to advance in the conservation of these ecosystems under the terms of this declaration, as well as to guarantee the rights of the peoples and communities that inhabit them.   3. REQUIRE States and multilateral financial institutions to mobilize sufficient resources and technical capacities to guarantee the conservation of these ecosystems, as well as the protection of the indigenous peoples and peasant and traditional communities that inhabit them.   We submit these requests to the States Parties to the CBD:   Taking into account that there is a scientific consensus on the water regulatory power of the páramo and montane forest ecosystems[1] because they not only host endemic flora that captures freshwater from rain and fog, supplying it to the Andean cities located downstream; but also soils, lake and peatland systems that have a high concentration of organic matter and an enormous capacity to retain the liquid. In addition, the páramos wetlands are high Andean wetlands[2] under the protection of the Ramsar Convention on Wetlands of International Importance. Recognizing that páramos and their montane forests are fundamental in the carbon cycle; that due to low temperatures and the slow rate of decomposition of organic matter present in them, their soils, vegetation and wetlands capture and retain carbon dioxide (CO2)[3], contributing to climate change mitigation and adaptation and reducing the impact of meteorological events; and that these ecosystems are carbon sinks under the terms of the United Nations Framework Convention on Climate Change (UNFCCC). Reminding that, due to their biological and climatic characteristics, these ecosystems provide essential services for the population and contain biodiversity that is subject to special protection[4] and are home to endemic and native species of flora and fauna such as frailejones, pajonales, epiphytes, the chivito hummingbird, the Andean condor and the Andean bear, among others. Considering that the indigenous peoples and peasant and traditional communities of the region manage and protect the páramos and montane forests, ensure the preservation of common goods in their territories and are guardians of ancestral knowledge that is crucial for the conservation of biodiversity; that the integrity of the páramos is fundamental for the conservation of these ancestral practicess[5]; and that the páramos and montane forests are reserves of biocultural diversity within the framework of the CBD. Reiterating that the Intergovernmental Panel on Climate Change (IPCC)[6] warned of the impact of the climate crisis on páramos; and that they face other anthropogenic pressures such as fires, monocultures, livestock and invasive species[7]. Warning that despite being strategic and sensitive ecosystems, deserving of the greatest protection, some of them are currently under strong pressure to develop large-scale mining projects, while others are at risk of being subject to mining concessions due to non-compliance with regulations and public policies that protect them or the lack of them. Bearing in mind that indigenous peoples and peasant and traditional communities have rejected these mining projects in their territories, even winning by majority vote "popular consultations" with which they have succeeded in defending the use of the land for traditional activities in their territories. Insisting that the removal of vegetation cover and the fragmentation of ecosystems generated by large-scale mining can affect the ecological balance, biocultural diversity and the provision of ecosystem services essential for life; acidify and reduce the amount of freshwater available for life systems; and break ecological and spiritual interconnectivity with other biomes and ecosystems, ending their capacity to capture carbon[8] and causing impacts in perpetuity. Following the warnings made by several UN rapporteurs and working groups on the negative impacts of mining on the environment and on human rights[9]. Warning about certain dynamics recently employed by some mining companies in the countries of the region, particularly multinationals -such as the splitting of large mining titles, the change of exploitation method from surface to underground mining, as well as the formalization of small-scale miners in the area to outsource their activities by requesting multiple smaller areas-, which threaten to disguise large-scale mining processes with cumulative and synergistic environmental impacts on páramo ecosystems and montane forests that can be equal or more serious than those of a large-scale mining concession. Recalling that under the CBD States are required to: (i) monitor activities that have or are likely to have significant adverse effects on the conservation and sustainable use of biological diversity[10], such as mining; (ii) establish protected areas for biodiversity conservation[11] based on the traditional knowledge of indigenous peoples and peasant and traditional communities[12]; and (iii) adopt emergency measures when there are serious and imminent risks to biological diversity from natural or other events[13], such as risk from extractive activities.   Signed by Centro Sociojurídico para la Defensa Territorial Siembra (Colombia) Colectivo Socio-Ambiental Juvenil de Cajamarca COSAJUCA (Colombia) Comité para la Defensa del Agua y el Páramo de Santurbán (Colombia) Consejo Territorial de Cabildos de la Sierra Nevada de Gonawindua CTC (Colombia) Corporación Ecológica y Cultural Penca de Sábila (Colombia) Movimiento Socioambiental Kumanday (Colombia) Natural Seeds Alliance (Colombia) Proyecto Dulcepamba (Ecuador) ⁠Acción Ecológica (Ecuador) Latinoamérica Sustentable (Ecuador) Unión de Defensores del Agua - UNAGUA  (Ecuador) Federación de Organizaciones Indígenas y Campesinas del Azuay - FOA (Ecuador) Alianza de Organizaciones por los Derechos Humanos del Ecuador (Ecuador) Legal Defense Institute - IDL (Peru) Red Muqui (Perú) Red Internacional de Forestería Análoga - RIFA (Costa Rica) Mining Watch Canadá (Canada) Both ENDS (Netherlands) Redes del Agua Latinoamérica (Regional) Interamerican Association for Environmental Defense - AIDA (Regional)   [1]Buytaert W. et al. Hidrología del páramo andino: propiedades, importancia y vulnerabilidad. Lovaina, U. de Lovaina, s.f.,, p. 10, 11, 23. [2] COP del Convenio de Ramsar, Resolución VIII.39. Los humedales altoandinos como sistemas estratégicos. Valencia, 2002. [3] Robert Hofstede et al. “Los páramos del Ecuador: Pasado, presente y futuro”, capítulo 12, págs 328 – 330, 2023 [4] Robert Hofstede et al. págs 158 – 163, 2023. [5] IPBES (2018). The IPBES Regional Assessment Report on Biodiversity and Ecosystem Services for the Americas. Recuperado de: https://www.ipbes.net/assessment-reports/americas [6] IPCC (2013). Panel Intergubernamental de Cambio Climático, Quinto Informe de Evaluación, Recuperado de: http://www.ipcc.ch/home_languages_main_spanish.shtml [7] Ochoa-Tocachi et al., 2016, Tomado de IPBES (2018). [8] Madriñán, S., Cortés, A. J., & Richardson, J. E. (2013). Páramo is the world's fastest evolving and coolest biodiversity hotspot. Frontiers in genetics, 192. [9] Asamble General de la ONU, (i) Relatoría Especial sobre derechos humanos y sustancias y desechos peligrosos. Asamblea General de la ONU. A/HRC/51/35, 8 de julio de 2022, (ii) Relatoría Especial sobre el derecho humano a un medio ambiente limpio, saludable y sostenible. A/79/270, 2 de agosto de 2024, (iii) Grupo de Trabajo sobre la cuestión de los derechos humanos y las empresas transnacionales. Asamblea General de la ONU. A/78/155, 11 de julio de 2023. [10] Convenio sobre la Diversidad Biológica, Art. 7.C. [11] Ibid. Art. 8.C. CDB. [12] Ibid. Art. 8.J CDB. [13] Ibid. Art. 14.E. CDB.  

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Fauna en el Desierto de Atacama, Chile.
Indigenous Rights, Mining, Freshwater Sources

COP16: To conserve biodiversity, governments must respect indigenous and local knowledge

At the UN Conference on Biodiversity, countries must also make progress in ensuring the participation of indigenous and local communities in decision-making on biodiversity. The energy transition model of the global north implies irreversible impacts for the Andean wetlands and the communities that inhabit them, whose territories overlap with lithium reserves.   Ahead of the 16th meeting of the Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD), which will take place from October 21 to November 1 in Cali, Colombia, the Alliance for Andean Wetlands (Alianza por los Humedales Andinos) calls on member countries to respect, preserve and maintain the knowledge, innovations and practices of indigenous and local communities for the conservation and sustainable use of biological diversity. Doing so implies honoring the obligations acquired with the signing of the treaty. In addition, the signatory countries of the convention must make progress, through the presentation of concrete action plans at the national level, in ensuring the participation of communities in decision-making on biodiversity issues, one of the 23 targets of the Kunming-Montreal Global Biodiversity Framework adopted in 2022. One of the goals of COP16 is to review compliance with these targets, aimed at halting and reversing biodiversity loss by 2030. According to the Living Planet Report, Latin America is the region with the greatest loss of biodiversity, as populations of all species show an average decline of 94% and 83% in the case of freshwater species. The Alliance warns of the irreversible impacts that the energy transition model promoted from the global north implies for the Andean wetlands, where some of the most sought-after transition minerals, such as lithium and copper, are found. These ecosystems harbor more than that: they are home to an enormous and unique biodiversity, as well as to local communities that depend on them and that for thousands of years have protected and preserved them, maintaining the ecological balance.   Quotes from members of the Alliance for Andean Wetlands Laura Castillo, Coordinator of the High Andean Program at Fundación Ambiente y Recursos Naturales (FARN), Argentina: "To address the biodiversity crisis, it is crucial to transcend the current paradigm of production and consumption, which promotes excessive use of environmental goods and exacerbates the ecological crisis. To this end, it is imperative to promote the reduction of high levels of consumption of natural goods, especially from the global north. Solutions to the climate and biodiversity crises -which are closely related- will inevitably require countries to define their own socio-ecological transitions towards models of life that respect human rights and planetary limits."   Vivian Lagrava Flores, Coordinator of Empodérate and the Wetlands, Biodiversity and Water Protection project, Bolivia: "Biodiversity and water should not be assumed as an 'exploitable resource' by the States. As long as this mercantilist view persists, we will have more people affected by mining and sacrificed and, therefore, more biodiversity exposed and at risk of extinction."   Verónica Gostissa, attorney and coordinator of the Alianza por los Humedales Andinos project at Asamblea Pucará, Catamarca, Argentina: "It is urgent to address the problem of lithium exploitation in the Puna. It is advertised as 'clean energy', but it is devastating our ecosystems. In Argentina, they intend to turn the Salar del Hombre Muerto into an industrial park, installing more than eight projects in the same territory. In this COP, it is crucial to recognize the irreversible impact generated by extractivism and, from there, to deploy ecosystemic links based on the care of all that is vital."   Cynthia Escares, biologist and director of the NGO Defensa Ambiental, Chile: "The climate crisis is an undeniable reality. However, in its name, forms of extractivism disguised as clean energy and equity are being promoted, without recognizing the profound implications of these processes. Projects such as lithium and rare earth mining, essential for batteries and green technologies, are presented as solutions to climate change, but they replicate the same logics of exploitation that have historically devastated territories and communities. This time, not only will we lose the inhabitants of these vulnerable regions, but we are leading the planet and all its biodiversity towards an irreversible collapse."   Yeny Rodríguez, senior attorney with the Ecosystems Program at the Interamerican Association for Environmental Defense (AIDA): "The biological and cultural diversity of our region is at risk. After COP16, it should be understood that we can no longer talk about defossilization as the panacea that will save us from the climate crisis. The energy transition towards 'clean energy' also requires the extraction of minerals such as lithium, an industry that in Latin America is already causing the destruction of Andean wetlands and the disappearance of rivers. We are facing an opportunity to move towards the protection of biodiversity and the human rights of the native communities that have cared for the territories since before the existence of our States."   Ramón Balcázar Morales, executive director and researcher of Fundación Tantí, Chile: "The salt flats from which South American lithium is obtained are wetlands, territories inhabited by indigenous peoples and communities whose ways of life are key to the conservation of ecosystems that sustain a threatened biodiversity. Faced with the deepening of the polycrisis, we must promote democratic processes that allow us, as a society, to overcome the profound contradiction between the climate agenda based on green growth and the biodiversity conservation agenda. This requires governmental and institutional efforts and will to strengthen and dialogue with communities and social actors in the territories affected by mining and energy megaprojects associated with the energy transition."  

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Salar del Hombre Muerto, Argentina
Indigenous Rights, Mining, Freshwater Sources

AIDA petitions Argentine court for protection of human rights in lithium mining case

In a legal brief supporting the litigation of the indigenous communities of the Puna in Argentina, we ask the Court of Justice of Catamarca to cancel the permits for two mining projects to avoid irreversible environmental impacts on the territory of the Salar del Hombre Muerto. We also ask that it order a cumulative and comprehensive environmental impact assessment that meets international standards and guarantees the participation of the communities.   In support of the lawsuit filed by the Atacameños del Altiplano Indigenous Community, the Interamerican Association for Environmental Defense (AIDA) filed an amicus curiae or "friend of the court" brief before the Court of Justice of Catamarca, requesting that the national government and the government of the province of Catamarca, in accordance with their international obligations, protect the rights of local communities against the cumulative environmental impacts of lithium mining projects in the territory and watershed of the Salar del Hombre Muerto. "The accumulation of lithium mining activities in the Salar del Hombre Muerto has exacerbated water stress in the province and today threatens to affect the health of indigenous communities due to the use of large quantities of water and polluting chemicals," said Yeny Rodríguez, Senior Attorney at AIDA. "In application of the principles of prevention and precaution, it is imperative that the State take measures to avoid further impacts; if it fails to do so, it may incur international liability for the damages caused." The brief provides grounds for the application of justice and for the defense of the rights to a healthy environment, to water and to the life project of the communities.  The document shows that the national and provincial governments have an obligation under international treaties and standards, such as the American Convention on Human Rights, the Convention on Biological Diversity, and the Convention on Wetlands, among others, to use an environmental assessment that addresses comprehensive and cumulative impacts to authorize existing, proposed, and related mining projects. The writ was filed as part of the amparo action filed by the Atacameños del Altiplano Indigenous Community in August 2021. In it, they asked the Court of Justice of Catamarca to revoke the authorizations granted by the environmental authorities to the projects "Fénix Project Expansion" of the company Livent and "Sal de Vida" of the company Galaxy Lithium S.A., until a proper environmental impact assessment is carried out. In a decision released last March 13, the court ordered the provincial government, as a precautionary measure, to refrain from issuing new permits until a "cumulative and comprehensive" environmental impact study is conducted for all lithium mining projects being developed in the area, and to guarantee free access to information and free, prior and informed consultation with communities for all projects. However, the court did not accept the request to stop lithium mining in the area, so the socio-environmental risks remain. In this sense, in order to protect the ecosystem and not irreparably affect the life project of the indigenous peoples, AIDA presented arguments to the Court of Justice of Catamarca in support of the communities' requests: In application of the international environmental principles of prevention and precaution, revoke the permits for the projects identified in the lawsuit and for all projects in the Salar Basin until an environmental assessment is carried out in accordance with international law. Order the competent authorities to carry out a cumulative and comprehensive environmental impact assessment, respecting at all stages the right to consultation or consent, as well as the right to timely and effective environmental participation of the Atacameños del Altiplano Indigenous Community.   "AIDA reiterated before the Court that the Inter-American Court of Human Rights has ruled that the Environmental Impact Assessment is the measure that guarantees the subsistence of indigenous communities in the face of the restrictions imposed by the concessions granted in their territory," said Rodríguez. The brief points out that in this case — given that lithium mining and other projects have already caused serious environmental degradation and affected the water carrying capacity of the ecosystem, in addition to jeopardizing the community's livelihood project — the state had an obligation to conduct a cumulative and comprehensive environmental impact assessment. Due to low rainfall and water evaporation, the Salar del Hombre Muerto — an Andean wetland located in northwestern Argentina, between the provinces of Catamarca and Salta — has a negative natural water balance, which has been exacerbated in the last 27 years by lithium mining. This activity requires the extraction of large quantities of brine (water with a high salt content) and fresh water (surface and groundwater). The region of the Salar Basin has been inhabited for more than 10,000 years by indigenous communities who have a special relationship with the environment that guarantees their individual and collective survival, their culture and their traditions. As a result of lithium mining, their members have had to change their traditional practices and have also suffered water shortages and significant animal losses. The Fénix mining project has diverted the Trapiche River to the point of drying up its last stretch before it reaches the salt flats. And the expansion of mining activities in the area threatens to dry up the Los Patos River as well. In the development of the projects mentioned in the lawsuit, the companies did not provide information to the communities, did not hold public hearings with their participation, and did not carry out a process of free, prior and informed consultation. PRESS CONTACT: Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107  

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Salar de Uyuni, Bolivia
Indigenous Rights, Mining, Freshwater Sources

UN takes major step toward prioritizing justice regarding transition minerals

The United Nations’ Critical Energy Transition Minerals Panel issued a series of recommendations and voluntary principles aimed at ensuring equitable, fair and sustainable management of these minerals. The guidelines are aimed at governments, industry and other stakeholders in energy transition processes. This comes at a time when the global renewable energy movement, which seeks to reduce emissions that exacerbate the climate crisis, has highlighted how the environmental and social costs of transition minerals extraction fall disproportionately on local communities and ecosystems. Claudia Velarde, co-director of the Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA), said:   “For Latin America, the recommendations and principles are very important, since a large part of the reserves of resources essential for the energy transition are in the region, in complex territories rich in biological and cultural diversity. Significantly, the panel places human rights and justice at the center, recognizing the complexity of the energy transition and the inequality between countries in the global South that host the minerals and those in the North that need them for their own transition. To move forward with justice, the energy transition must break with the development status quo, include perspectives from the global South, respect the human rights of local communities, and recognize ecosystem boundaries. While there is still a long way to go to achieve a truly just and popular energy transition for Latin America, we hope that this contribution will be a step in that direction.”   The recommendations and principles are contained in a report in which the Panel explains how the transition t to renewable energy can be based on justice and equity, promoting sustainable development, respect for people, and protection of the environment in developing countries. The Panel proposes seven voluntary guiding principles, based on standards, commitments and legal obligations established in United Nations texts: Human rights must be at the core of all mineral value chains. The integrity of the planet, its environment and biodiversity must be safeguarded. Justice and equity must underpin mineral value chains. Development must be fostered through benefit sharing, value addition and economic diversification. Investments, finance and trade must be responsible and fair. Transparency, accountability and anti-corruption measures are necessary to ensure good governance. Multilateral and international cooperation must underpin global action and promote peace and security.   Read the panel report: https://www.un.org/sites/un2.un.org/files/report_sg_panel_on_critical_energy_transition_minerals_11_sept_2024.pdf Learn more about panel: https://www.un.org/en/climatechange/critical-minerals press contact: Víctor Quintanilla (Mexico), [email protected], +5215570522107  

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Mining, Freshwater Sources, Toxic Pollution

Session 1 of the Transformative Global Experiences on Water Governance Webinar Series

Mining and water: social articulation, advocacy & corporate accountability around Brazil's Brumadinho tailings dam disaster   The Transformative Water Pact (TWP) is an innovative framework for water governance. It consolidates vital principles and an action framework to guide decision-making toward transformative change in water management. This is achieved through an alternative vision based on principles of environmental justice, equity, and water stewardship. This webinar series aims to facilitate a dialogue among the TWP co-authors and their allies, focusing on global South countries' water governance and justice challenges. The goal is to highlight the impact of sharing valuable global experiences in advocacy, litigation, local solutions, campaigning, and research that have contributed to advancing the protection of the right to water worldwide. In this first session, we will explored - through the lens of the Transformative Water Pact - various strategies of resistance and defense that local communities and civil society have developed to facilitate the conservation of protected areas and ensure access to justice and truth for the victims of the tragedy caused by the failure of an iron mine tailings dam in Brumadinho, Brazil.   PANEL Murtah Shannon, Inclusive Water Governance Officer at Both ENDS. Maria Teresa Corujo Viana, member of the Movimento pela Preservação da Serra do Gandarela. Makota Cassia Kidoialê, founder of Kilombo Manzo. Carolina de Moura Campos, project coordinator at Instituto Cordilheira. Moderation: Jorge Lu Palencia, attorney with Interamerican Association for Environmental Defense (AIDA).   recording (in spanish/portuguese)  

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XI Foro Social Panamazónico en Rurrenabaque y San Buenaventura, Bolivia
Indigenous Rights, Mining, Public Participation

The Amazon: The complexities and challenges of its protection

By Vania Albarracín and José David Castilla* Protecting the Amazon is one of the region's greatest challenges. Facing it requires coordination and cooperation between states, peoples and organizations. In this context, the Pan-Amazonian Social Forum (FOSPA) was born out of the need to think about the Pan-Amazonian region - a region made up of the countries that have jurisdiction or territory in the Amazon basin, and/or have jungle coverage, and/or are part of the Amazon Cooperation Treaty (TCA) - in all its complexity. FOSPA is a regional space for articulation, reflection and exchange between indigenous peoples, social movements and civil society from Bolivia, Brazil, Colombia, Ecuador, Guyana, French Guiana, Peru, Venezuela and Suriname. The reason why so many actors have come together around the Amazon is that it is a mega-diverse ecosystem and a global climate stabilizer, containing more than 13% of all known plant and animal species and releasing 6,600 km³ of freshwater annually into the Atlantic Ocean, representing between 16 and 20% of global runoff. It is therefore essential to consider the interconnections and interdependencies between the Amazon and other ecosystems in the region. Marine-coastal ecosystems, Andean wetlands, mountain ranges and forests are interconnected throughout the continent and should be recognized as part of a comprehensive conservation strategy. The Amazon region is facing serious problems of deforestation and ecosystem degradation, which have led to warnings of reaching the so-called point of no return. This refers to the loss of the ecological balance and climatic functions of the Amazon, which would have incalculable negative global repercussions. FOSPA holds biannual meetings in different cities and sub-regions of the Amazon to discuss the violations of human, environmental, territorial and natural rights that afflict the region, as well as to propose alternatives that come from the local communities and indigenous peoples that inhabit the region. The eleventh version of FOSPA was held from June 12 to 15 in the cities of Rurrenabaque and San Buenaventura, in the Amazon region of Bolivia. The meeting resulted in a joint declaration in defense of life, peoples and nature. AIDA participated in the meeting and we share below our assessment of the main agreements, the gaps in their implementation and what is missing to ensure the protection of the Amazon.   The agreements 1. Mining threats The threats posed by mining to the Amazon region can be seen in two key issues: the promotion and impact of new extractivism (such as copper mining) and mercury contamination from gold mining. The meeting highlighted the need to ban the global trade of mercury and to develop multinational strategies to combat its use in gold mining, in accordance with the Minamata Convention. In addition, a biocultural approach to assessing the impacts of mining was advocated, recognizing the interrelationship between biodiversity and indigenous cultures, the fundamental role of women in preserving and reproducing life, and the participation of civil society in decision-making spaces, ensuring transparency and full disclosure.   2. An Amazon free of extractivism One of the main concerns of the communities, peoples and organizations that participated in the meeting is the presence of different types of extractivism in the Amazon region. They recognized that their rights are violated and threatened by hydrocarbon extraction and transportation projects, by the exploitation of transition minerals such as gold and copper, and by the implementation of public policies related to the energy transition. One of the most relevant proposals in this regard was to generate a multifactorial and plurinational declaration of the Amazon as a zone free of fossil fuels and mining, not only as a slogan, but as a political, social and environmental horizon for the protection of life in all its forms. This proposal must be evaluated in the context of the different tensions and social realities of the region.   3. Guarantees for a just and popular energy transition A just and popular energy transition was another relevant point of the meeting. Indigenous communities and peoples raised the need to decolonize the concept of energy transition and propose a process that comes from them, who have historically suffered the impacts of extractivism. The call was for an energy transition that remediates these impacts and restores affected ecosystems.  Achieving this goal requires responsible project closure and exit processes, as well as transition processes that incorporate the highest human rights standards and the perspectives of affected communities.    Practical gaps 1. Insufficient commitment to regional cooperation The eleventh version of the FOSPA revealed a lack of political commitment on the part of the member governments of the Amazon Cooperation Treaty Organization (ACTO), reflected in the absence of firm agreements and mechanisms for effective participation. This favors extractivist policies and weakens the protection of indigenous and environmental rights. It is essential that ACTO review and strengthen its structures to ensure that international commitments are implemented and that pan-Amazonian communities play an active and decisive role in policy formulation.   2. Exclusion of indigenous peoples and communities from the decision-making process The exclusion of indigenous peoples and indigenous Amazonian communities from decision-making processes is evident. This results in policies and agreements that do not reflect their needs and realities. A clear example of this is the Conferences of the Parties (COP) on climate change and biodiversity, where indigenous representation is not real or substantive, resulting in a failure to value their ancestral knowledge and fundamental role in biodiversity and climate protection.   3. Absence of a binding mechanism The implementation of agreements reached in forums such as FOSPA has been inadequate and, in many cases, non-existent. This has been one of the main demands of indigenous peoples and communities. Due to the non-binding nature of FOSPA and its lack of relevance to the state perspective, many of the demands remain in the realm of declarations. Although the FOSPA is essential for pan-Amazonian integration and the construction of alternatives from the territories, a joint effort is needed to strengthen its link with decision-makers, to promote the active participation of communities and to turn the forum into a platform for mobilization and action.   The road ahead The next FOSPA meeting will take place in two years, but the effective protection of the Pan-Amazon region cannot wait.   In the short term, it is necessary to take concrete actions to mitigate the impacts on the ecosystem and to adopt regional cooperation measures to ensure its integral and transboundary protection. Among other things, it is necessary and urgent: Achieve a regional consensus and design a plan to guarantee the declaration of the Amazon as a zone free of fossil fuels and all forms of extractivism. Coordinate an Andean-Amazonian and coastal articulation for the integral defense of territories, demanding concrete actions against mining with a biocultural approach. Demand regulatory frameworks for environmental and human rights due diligence in the Amazonian countries and in the countries of origin of the companies, in order to oblige them to comply with international standards in these two areas. Urge states to apply the principles of prevention and precaution and to raise their standards for projects that may affect the Amazon. Develop a mechanism for the closure and phasing out of fossil fuel extraction projects in the Amazon. Guarantee the active, representative and binding participation of Pan-Amazonian communities and peoples in international forums where decisions are made about nature, such as the next UN Conference on Biodiversity (COP16 in Colombia) and the next UN Conferences on Climate Change (COP29 in Azerbaijan and COP30 in Brazil).   *Vania Albarracín Silva is an attorney with AIDA's Ecosystems Program and José David Castilla Parra is an attorney with Human Rights and Environment Program.  

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Panoramic view of the Metallurgical Complex of La Orota, Peru, in 2024.
Human Rights, Mining, Toxic Pollution

La Oroya v. Peru: Historic precedent on human rights and the environment

The Inter-American Court of Human Rights set an important precedent for state oversight of industrial pollution.   By Rosa Peña and Jacob Kopas* This past March, the Inter-American Court of Human Rights, the human rights tribunal for the Americas, released an historic ruling condemning Peru for failing to control toxic industrial pollution. The ruling set an important precedent for the right to a healthy environment and state oversight of corporate activities across the Americas. This victory began as a petition that the Interamerican Association for Environmental Defense (AIDA) and Earthjustice, together with partner organizations, presented in 2006 on behalf of families and environmental defenders in La Oroya, a small town in the heart of the Peruvian Andes. For more than 100 years, an industrial smelter has exposed La Oroya to extreme levels of toxic pollution, leading to nearly all the town’s children having dangerously high levels of lead and other heavy metals in their blood. The court’s binding judgment is a powerful condemnation that the families of La Oroya are today using to demand concrete action from the Peruvian government. In addition to financial compensation, the court ordered Peru to halt further harmful pollution from the smelter, clean up the toxic metals in the soil and water, and provide specialized health care for the victims and inhabitants of La Oroya. The court's judgment itself also constitutes a form of reparations for the victims, by acknowledging the legitimacy of their work as environmental defenders. The significance of the ruling goes far beyond the immediate benefits for people in La Oroya and Peru. Ensuring the environmental quality of water and air in Latin America remains a major challenge across the Americas. This is the first time that the Inter-American Court has held that industrial pollution can harm human rights, opening a path to justice for communities in so-called “Sacrifice Zones” overburdened with industrial pollution. The court’s landmark ruling establishes several key precedents with significance for both international and domestic jurisprudence.   Innovative new measures for collective reparations. This case went beyond previous cases by ordering not only individual reparations, but also collective reparations that benefit all inhabitants of La Oroya. These include environmental remediation of the surrounding ecosystem (para. 351), comprehensive and specialized health care for any inhabitant who presents symptoms (para. 348), and support for relocating inhabitants who wish to do so (para. 355). In addition, the court ordered differentiated measures for women, children, and elderly victims. The judgment also ordered environmental and public health measures that will improve the lives of all Peruvians impacted by the mining industry, including bringing air quality standards in line with international standards (para. 346), guaranteeing that mining companies adhere to the UN Guiding Principles on Business and Human Rights (para. 352), and creating an information system that proactively provides updated air and water quality data in mining areas (para. 354).   Showing causality: Exposure to a significant health risk is enough to prove a human rights violation. One major obstacle to access to justice for communities exposed to dangerous pollution is showing causality, that is, proving that pollution caused a specific health condition. Showing causality is often difficult because many communities lack access to proper health care and diagnostic tests, because some conditions such as cancer can be latent and lie undetected for years, and because many different factors contribute to poor health. To account for this reality, the court held that it is sufficient to show that an exposure to pollution created a significant health risk, without having to prove that the exposure caused a concrete condition or disease (para. 204). The court also went a step further, and noted that under the precautionary principle, the lack of scientific certainty regarding those risks cannot be an excuse for failing to adopt measures to protect public health (para. 207).   The right to clean air and water as substantive elements of the right to a healthy environment. In the judgment, the Court established that the right to a healthy environment includes the rights to air and water that are free of pollution which could constitute a significant risk to health and rights. These rights also entail specific obligations for states. These include: Setting environmental quality standards that do not constitute a risk to health and that are based on the best available science Monitoring air and water quality and providing access to information on pollution that endangers health Creating plans to maintain air and water quality Effectively enforcing environmental quality standards and ensuring the proper management of water resources (paras. 120-121)   Access to public participation in environmental decisions. This ruling is also the first time that the Inter-American Court has condemned a state for failing to guarantee effective public participation in environmental decision-making affecting the general public (para. 256). In prior cases, the court examined the right to public participation only in the context of consultation with Indigenous Peoples, who have special protections under international law. In addition, the court held that the mere existence of formal procedures for public participation may not be sufficient for states to satisfy their obligations under the American Convention. Authorities must also ensure that these procedures provide an effective opportunity to be heard and participate in decision making (para. 260).   The judgment also consolidated advances in other important issues for environmental justice in the region: Business and human rights obligations. The court emphasized states’ obligations to protect human rights and their duties to supervise and control companies (paras. 109-110). It also held that companies themselves have responsibilities to respect human rights and act with due diligence, regardless of their size, sector, operational context, ownership, or structure (para. 111). Environmental pollution violates the right to a dignified life. Because pollution impacted many different areas of the lives of families in La Oroya, it also violated their right to a dignified life. These impacts included not being able to carry out a life project under normal circumstances, which affected their personal, family, psychological, and professional development (paras. 220-230). The effects of environmental contamination fall disproportionately on individuals, groups, and communities that already bear the burden of poverty, discrimination, and systemic marginalization. The court recognized that pregnant women, children, teenagers and the elderly, who, given their condition, are frequently exposed to a greater risk of harm from pollution (para. 134). Given the principle of intergenerational equity, states have particular obligations to protect children’s health from environmental pollution and provide specialized care for those that acquired illnesses as a result of exposure (para. 141). The right to a healthy environment as jus cogens. The ruling noted that guaranteeing the interest of both present and future generations from serious, extensive, long-lasting, and irreversible damage to the environment is fundamental for the survival of humanity. The court thereby called on the international community to recognize such environmental harm as violating a preemptory norm (jus cogens) of international law (para. 129). Weakening air quality standards violates international law. The court found that when Peru rolled back national air quality standards for sulfur dioxide, it violated its duty against retrogressive measures inherent in the right to a healthy environment (paras. 182-186). The court held that any such rollbacks must be justified in light of the state’s maximum available resources for guaranteeing human rights and be consistent with the precautionary principle (para. 186). Obligation of active transparency when guaranteeing access to information. This case is the first time the court has found a state responsible for failing its obligation of “active transparency,” which requires states to not only respond to requests for accessing environmental information, but also to actively distribute and publicize environmental information (para. 247). This information must be complete, comprehensible, and in an accessible language (para. 255).   The ruling is poised to a significant legal precedent for the many communities affected by industrial pollution. Its ultimate impact will depend on how it is implemented by courts in Peru and throughout Latin America. In Peru alone, the Peruvian Human Rights Ombudsman estimated that over 10 million people (31% of the population) are at risk of exposure to heavy metal pollutants and other chemicals related to the mining industry. With this new ruling as a powerful legal tool, hopefully other communities will not have to wait 100 years to finally breath clean air.   *Rosa Peña is a senior attorney with AIDA's Human Rights and Environment Program; Jacob Kopas is a senior attorney with Earthjustice's International Program.  

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Vista panorámica de La Oroya, Perú, en 2024.
Mining, Toxic Pollution, Human Rights

Warning of increased contamination in La Oroya and slow progress by the State to comply with the Inter-American Court ruling

The State's progress in implementing the international court's ruling has been slow and insufficient. Meanwhile, a high level of sulphur dioxide has recently been registered in the Andean city due to the partial reactivation of the metallurgical complex and the lack of prevention, warning, monitoring and control measures by the state.   Two months after the Inter-American Court of Human Rights issued its ruling in the case "La Oroya Community vs. Peru," the Inter-American Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), organizations that legally represent the victims, warned at a press conference that the Peru is making slow and insufficient progress in effectively complying with the ruling. The ruling, issued on March 22 and considered a landmark in international law, established Peru’s responsibility for violating the rights of La Oroya residents affected by decades of toxic contamination. The international tribunal ordered comprehensive remedial measures, including environmental cleanup, reduction and mitigation of polluting emissions, air quality monitoring, free and specialized medical care, compensation, and a resettlement plan for the affected people. Increased pollution in La Oroya The organizations also denounced that the government’s slow action is occurring in the midst of an increase in the presence of toxic contamination in the area due to the partial reactivation of the La Oroya Metallurgical Complex and the lack of prevention, warning, monitoring and control measures by the state. According to the Environmental Monitoring System of the Environmental Evaluation and Control Agency, a high presence of sulfur dioxide has recently been recorded in La Oroya, which makes it imperative that Peru take urgent action based on its international responsibility. One of the measures ordered by the Inter-American Court is to ensure that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health. Challenges in implementing the ruling During the press conference, Rosa Peña, Senior Attorney for AIDA's Human Rights and Environment Program, said: "The ruling is a great opportunity for the State of Peru to prevent and better manage the environmental impacts of mining and metallurgical activities, as well as to improve health care for people exposed to contamination. The Court has already identified the key aspects, now it is up to the State as a whole to ensure a good implementation that will serve as an example for other cases at national and international levels." Christian Huaylinos, coordinator of the legal sector of APRODEH, emphasized the need for an articulated multisectoral work: "A coordinated effort of the three levels of the state—local, regional and national—is needed to advance in the effective compliance of the sentence. In addition, clear mechanisms must be put in place to ensure the effective participation of victims in the implementation of the orders issued by the Court." Community demands Yolanda Zurita, a petitioner in the case, emphasized the community's frustration with the lack of prompt and effective action: "We, as a population, need to feel and see that there is compliance. It is not possible that after 20 years of litigation, and after the Court's ruling has been made public, there are officials who claim to be ignoring the ruling." The Inter-American Court's ruling not only focuses on reparations for direct victims, but also includes restitution measures and guarantees of non-repetition for the entire population of La Oroya and the country. It defines parameters for the proper conduct of mining and metallurgical operations in Peru, in defense of the environment and health. The ruling is an important precedent for the protection of the right to a healthy environment in Latin America and for adequate state oversight of corporate activities. AIDA and APRODEH urge the Peruvian government to comply with the measures ordered by the Inter-American Court and to take immediate action to protect the environment and health of the community of La Oroya. press contact Víctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +52 5570522107  

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Bandera indígena en una carretera de Jujuy, Argentina
Indigenous Rights, Mining

Argentina: the scramble for lithium threatens the rights of Indigenous Peoples in Jujuy

International civil society organisations with extensive experience in the defence of the environment and human rights present the conclusions of an observation mission to the Argentinian province of Jujuy in August 2023 following the constitutional reform approved in June of the same year, which facilitates lithium extraction.   Paris and San Salvador de Jujuy. In a report published today, ten international civil society organisations with extensive experience in human rights and environmental issues warn that the lack of prior consultation of the 11 Indigenous Peoples of Jujuy in the approval process for the reform of the provincial constitution is incompatible with international human rights and environmental standards. The report also denounces that the new Jujuy Constitution authorises productive activities on public lands, which opens the door to the implementation of extractive projects in Indigenous ancestral territories, without guaranteeing prior, free and informed consultation with the communities. It also approves the large-scale use of water, which facilitates the use of an essential resource for the survival of Indigenous Peoples for the exploitation of lithium, an activity with a high water footprint. The constitutional reform process is framed in a context of mining deployment in the high Andean wetlands of Jujuy, whose watersheds are located in the area known by the mining industry as the "lithium triangle", located on the borders of Argentina, Bolivia and Chile. This area is so named because it is the largest, most easily extractable and economically profitable lithium reserve in the world. "We denounce the permanent and disproportionate restriction of the right to social protest introduced by the Jujuy constitution - in particular the general prohibition of road and street blockades, which are not only a legitimate form of peaceful demonstration, but are also protected by international law," the organisations point out. The report also highlights the testimonies of victims of police repression, who suffered arbitrary detentions and serious physical injuries caused by the excessive and unjustified use of force. It also documents the cases of protesters who are currently facing arbitrary and disproportionate criminal proceedings for participating in and promoting public demonstrations against the constitutional reform. In light of the findings presented in the report, the organisations: Request compliance with the international obligations of the Argentinian State to guarantee the protection of the collective property of Indigenous communities over their ancestral territories, as well as to guarantee the right to water intended for human consumption and the reproduction of life. Urge the authorities to refrain from promoting regulations that restrict the ways, places or times in which citizens can exercise their right to demonstrate publicly. Make an urgent call to the judiciary to assess, based on a rigorous examination of international human rights standards, the probable unconstitutionality of the approval process for the reform and its contents.   Relationship between the events in Jujuy and the reforms promoted by Javier Milei’s government The analysis offered in the report on what happened in Jujuy is especially relevant in the current national context because President Javier Milei’s national government has followed a similar line to the trend observed in Jujuy of promoting reforms that deepen an extractivist model in protected ecosystems of the country. This occurs while eliminating frameworks for the protection of human and environmental rights and facilitating the repression and criminalisation of legitimate protests, as detailed in the report. Through Decree of Necessity and Urgency No. 70/2023, President Milei repealed the Land Law (26.737) on 20th December 2023, eliminating restrictions aimed at preventing land grabbing by foreign investment projects. In addition, the "omnibus" bill proposes to repeal environmental protection laws to facilitate economic activities in ecosystems such as native forests and glaciers. These measures, similar to those implemented in Jujuy, were accompanied by disproportionate restrictions on the exercise of the right to protest. For example, on 14th December 2023, the executive approved the "protocol of anti-picketing action", which considers any demonstration that interrupts or decreases the movement of people a flagrant offence, requiring police intervention.  

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