Mining

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

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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Toxic Pollution, Freshwater Sources, Mining

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 aimed to facilitate a dialogue among the TWP co-authors and their allies, focusing on global South countries' water governance and justice challenges. The goal was 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 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. PanelMurtah 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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Salar de Uyuni, Bolivia
Indigenous Rights, Freshwater Sources, Mining

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.pdfLearn more about panel: https://www.un.org/en/climatechange/critical-mineralsPress contact:Víctor Quintanilla (Mexico), [email protected], +5215570522107 

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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.
Toxic Pollution, Human Rights, Mining

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 scienceMonitoring air and water quality and providing access to information on pollution that endangers healthCreating plans to maintain air and water qualityEffectively 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. Learn more about the legal contributions of the ruling of the Inter-American Court in the La Oroya case *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.
Toxic Pollution, Human Rights, Mining

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 OroyaThe 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 rulingDuring 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 demandsYolanda 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 contactVíctor 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 governmentThe 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. Read the report 

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Salinas Grandes, Argentina
Indigenous Rights, Mining

Lithium Fever: Indigenous Peoples’ Rights Under Attack in Jujuy, Argentina

International Fact-finding Mission Report (21-25 August 2023) Jujuy is one of the 23 autonomous provinces making up the federal state of the Argentine Republic. It is located in the north west of the country, bordering the Plurinational State of Bolivia and the Republic of Chile. According to the official census, it is one of the provinces with the highest percentage of indigenous population in the country.On 20 June 2023, the Jujuy Province approved the modification of 193 of the 212 articles of its Provincial Constitution,1 through a Constitutional Convention that was in session for less than a month.The constitutional reform was the subject of numerous and prolonged citizen protests. During and after its approval, different social sectors in Jujuy criticised the lack of citizen participation and the exclusion of indigenous peoples’ voices in the constitutional process. They also denounced provisions in the new Constitution, which severely restrict the right to protest and undermine the rights of indigenous peoples over their ancestral territories and water sources.Eight international civil society organisations with extensive experience in human rights and environmental rights carried out an international fact-finding mission to Jujuy from 21 to 25 August 2023. Members of the International Federation for Human Rights (FIDH),2 the Interamerican Association for Environmental Defense (AIDA), Brot für die Welt/Bread for the World, the Economic, Social and Cultural Rights Project (ProDESC), the Human Rights Law Centre (HRLC), the Centre for the Study of Law, Justice and Society (Dejusticia), Movement Law Lab (MLL) and the Global Network of Movement Lawyers (GNML) participated in this initiative.The objective of the international fact-finding mission was to document, through fieldwork and access to direct sources, potential violations of human and environmental rights that occurred in the context of the constitutional reform, including the repression and criminalisation of people who participated in and promoted protests against it. To this end, the mission interviewed civil society actors, representatives of indigenous peoples and provincial and national authorities. Meetings took place both in San Salvador de Jujuy, the provincial capital, and in rural communities located in the towns of La Quiaca, Salinas Grandes, Susques, Humahuaca, San Roque and Purmamarca.The international fact-finding mission acknowledges that the Provincial Government of Jujuy, as well as the National Government of the Argentine Republic, offered the necessary guarantees for the visit to take place and provided information on the human rights context, respecting the right to defend human rights. It is also grateful for the trust of the representatives and members of indigenous and rural communities and human rights and environmental defenders, who shared their testimonies with the mission. To all of them, we express our recognition and solidarity with their struggle for human rights.This report contains the main findings of the international mission, based on the field visit, the review of primary and secondary documentary sources and the processing of the information gathered during and after the visit to Jujuy, through interviews with more than one hundred people.   Read and download the report 

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Vista panorámica de La Oorya, Perú, en 2016
Mining, Toxic Pollution, Human Rights

Community of La Oroya wins landmark ruling to stop environmental damage in Latin America

After more than 20 years, the residents of the town of La Oroya in the Peruvian Andes have found justice, opening a major new avenue for protecting a healthy environment throughout the continent. In an unprecedented decision, the Inter-American Court of Human Rights found Peru guilty of violating their human rights by failing to act in a timely and effective manner to protect them from extreme levels of pollution from a metallurgical complex that has operated in their community for nearly 90 years. "Twenty years ago, when this struggle began, I carried my banner saying that children's health is worth more than gold," recalls Don Pablo, a resident of La Oroya. "We never gave up, and now I am very happy with the Court's decision.” La Oroya is located in the central mountain range of Peru, in the department of Junín, approximately 176 km from Lima. In 1992, the US company Cerro de Pasco Cooper Corporation installed the La Oroya Metallurgical Complex to process ore concentrates. The complex was nationalized in 1974 and operated by the state until 1997, when it was taken over by Doe Run Peru, which operated it until 2009.     For generations, the inhabitants of La Oroya have inhaled toxic substances that pose serious risks to human health. Heavy metal contamination has invaded their respiratory system, traveled through their bloodstream, and been imperceptibly deposited in several of their vital organs. Most of those affected had lead levels above those recommended by the World Health Organization, and in some cases higher levels of arsenic and cadmium, in addition to stress, anxiety, skin disorders, stomach problems, chronic headaches, and respiratory or cardiac problems. In 1997, AIDA became involved in defending the rights of the La Oroya community. Our publication La Oroya No Espera (La Oroya Cannot Wait), published in 2002, helped bring the gravity of the situation to international attention. In 2006, in the absence of effective responses in Peru, we joined an international coalition of organizations in filing a complaint against Peru before the Inter-American Commission on Human Rights. In 2021, the Commission established the responsibility of the Peruvian government in the case and referred it to the Inter-American Court. In October 2022, more than 16 years after the complaint was filed, the victims presented the case to the Court in a public hearing, represented by AIDA and the Asociación Pro Derechos Humanos (APRODEH), with the support of Earthjustice. Since 2009, when the metallurgical complex ceased operations due to Doe Run Peru's financial crisis, the levels of heavy metal contamination have not been reduced to acceptable levels. Nor has the situation of those affected improved significantly in recent years. Although the Peruvian government has known since 2009 that all children living near the complex are suffering from lead poisoning, it has not provided them with adequate medical care. But there is no deadline that will not be met. On March 22, the Inter-American Court of Human Rights gave a powerful response to more than two decades of seeking justice. The Court found that Peru was guilty of violating the rights to a healthy environment, health, personal integrity, life with dignity, access to information, political participation, judicial guarantees, and judicial protection of the 80 people involved in the case; of violating the rights of the children of 57 victims; and of violating the right to life of two others. "This is the first judgment that recognizes the international responsibility of a state for violating the right to a healthy environment and other related rights," says Rosa Peña, AIDA Senior Attorney.           Ver esta publicación en Instagram                           In addition, the Court ordered the State to adopt measures of integral reparation for the damage caused to the people of La Oroya. These include the prosecution and punishment of those who harassed the residents for their environmental defense work; the preparation of a remediation plan for air, soil, and water contamination; the provision of free and specialized medical care to the victims, as well as to other residents with symptoms and illnesses related to mining and metallurgical activities; the updating of air quality regulations to ensure the protection of the environment and human health; the provision of monetary compensation to the victims; and the creation of an air, water, and soil quality monitoring system. It also ordered that the operations of the La Oroya Metallurgical Complex—which was transferred to the workers of Doe Run Peru as part of the company's liquidation—comply with international environmental standards and prevent and mitigate damage to the environment and human health. The Court's decision is not only a unique opportunity to restore the dignity and rights of the people of La Oroya. Its scope extends beyond the Peruvian context, making it an important precedent in Latin America for the protection of the right to a healthy environment and for adequate state oversight of corporate activities. Among other things, the Court established the obligations of states to regulate, monitor and control air and water quality, to identify sources of pollution, and to implement plans to enforce air and water quality standards. The Court held that in order to establish state liability for environmental damage, it is sufficient to show that the state, despite being aware of the existence of high levels of pollution, failed to take adequate measures and thus allowed the pollution to continue, thereby posing a significant risk to human health. In light of the judgment, states must prevent human rights abuses by public and private enterprises. Businesses, for their part, must prevent their activities from causing or contributing to human rights abuses and take steps to remedy such abuses. Defending the right to a healthy environment has been part of AIDA's history since our inception and has always been a collective effort. We celebrate and recognize all the people who, from different sectors, roles and capacities, made possible the historic result of the La Oroya case. With renewed vigor, we will work for the proper implementation of the judgment and for the establishment of new important precedents that will guarantee in practice the universal right to a healthy environment in the region.  

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Paisaje de Antofagasta de la Sierra, Argentina.
Human Rights, Indigenous Rights, Freshwater Sources

Court decision stops new lithium mining projects in Argentine salt flat, sets regional precedent

On March 13, the Supreme Court of Argentina’s Catamarca province ordered a halt on authorizing new lithium mining projects around the Salar del Hombre Muerto, in the department of Antofagasta de la Sierra. The high provincial court established that all projects must comply with the free, prior, and informed consultation of affected communities, thus granting the injunction filed by Román Guitián, Cacique of the Atacameños del Altiplano Indigenous Community.It is one of the most important rulings of recent times regarding care for nature and the protection of the rights of traditional communities.The court ordered the providence’s Ministry of Mining and the Ministry of Water, Energy and Environment to "refrain from granting new authorizations or environmental impact statements with respect to any work or activity" in the area until an environmental impact report with two fundamental characteristics is completed. The first is that it must be "cumulative and integral," covering the entire salt flat and especially the Los Patos River, which is in the same salt flat. The second is that it must consider the total impact of the companies that have applied for water use and extraction permits, and their potential to transform the environment in the same geographical area.Lithium mining in Antofagasta de la Sierra began in 1997 by the multinational company FMC, currently operating as Livent. The local communities denounced that the river and the Trapiche Valley were drying up because of the mining activity.The Alliance for Andean Wetlands (Alianza por los Humedales Andinos) celebrates this achievement of the Atacameños del Altiplano Indigenous Community and the Asamblea PUCARA (Pueblos Catamarqueños en Resistencia y Autodeterminación).The same model of lithium mega-mining that the Catamarca Supreme Court's ruling points to is being reproduced in the Puna region of Chile and Bolivia. In this sense, the sentence is an important precedent for the protection of the environment and affected communities, which should be replicated in all the regions of the continent affected by this extractive model.Governments must take measures to provide the necessary security guarantees for the territorial defense of local communities demanding the fulfillment of their human and environmental rights, both in Argentina and in other countries. Quotes from Alliance membersClaudia Velarde, co-coordinator of the Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA)"What happened in Catamarca is a historic milestone for the protection of water, territory and life in Latin America. The Court's decision confirms that the concept of the cumulative impact of an extractive activity is fully valid and a transcendental aspect of environmental management. It also clarifies that any damage to the environment that may result in a violation of the right to life or personal integrity must be considered significant damage. It is a relevant precedent in every sense and a strong message: national and international environmental regulations must be respected, environmental impact assessments must be strategic and cumulative, the right to environmental participation must be guaranteed, and the energy transition must be just." Ramón Balcázar, executive director of Fundación Tantí and co-coordinator of the Plurinational Observatory of Andean Salt Flats (OPSAL)"This ruling is the result of years of work and shows the importance of articulating knowledge and legal strategies for the defense of territories from a wetland perspective, setting a precedent that should be extended to the entire region for a cumulative assessment of projects, not only lithium, but also metallic mining and the impacts of climate change. Unfortunately, our colleague Román Guitián was the target of death threats after learning of the ruling, in a country like Chile that has ratified the Escazú Agreement.  In this sense, we must categorically reject any form of violence against the defenders of the Andean salt flats, as well as the political advantage that institutions linked to the greenwashing of mining have tried to take from such a complex situation." Cristian Fernández, coordinator of the Legal Affairs area of Fundación Ambiente y Recursos Naturales (FARN)"The recent ruling of the Court of Justice of Catamarca, ordering the preparation of a "cumulative and integral" environmental impact study for all lithium projects being developed in the Los Patos River basin, and requiring the local government to refrain from issuing any new permits or authorizations for the activity, represents a milestone in the environmental jurisprudence of our country. It consolidates the path started almost 15 years ago by the Supreme Court of Justice of the Nation when, in the "Salas Dino" case, it demanded a cumulative impact study against the deforestation of native forests in Salta. In doing so, the Catamarca Court set a precedent that could be applied to the ecosystem damage suffered by the provinces of Salta and Jujuy due to the cumulative impact of numerous lithium projects in Salinas Grandes and Guayatayoc Lagoon." 

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