Mining

November 20 2023 Human Rights, Indigenous Rights, Freshwater Sources

Solidarity note for social movements, organizations, and rights advocates who are victims of criminalization attempts by the company Belo Sun Mineração Ltda.

The undersigned member organizations of the Volta Grande do Xingu Alliance (AVGX) call on partners, civil society organizations, legal experts, and researchers to support and strengthen individuals and movements that, due to their tireless defense of peoples, biodiversity, and the existence of the Volta Grande do Xingu, are facing intimidation and attempted criminalization by the company Belo Sun Mineração Ltda.We need to show large corporations that civil society in Brazil and abroad is united around this cause. We will not step back in protecting the environment and human rights in the face of threats. Sign this note and join us in the protection of the Amazon, the Xingu River, and its defenders!More information below:On October 17, 2023, the mining company Belo Sun Ltda., the Brazilian subsidiary of the Canadian company Belo Sun Mining Corp., filed a criminal lawsuit against more than 30 people, most of them small-scale farmers. These individuals, backed by are questioning the acquisition of land by the mining company within the Ressaca Settlement Project, in the municipality of Senador José Porfírio - Pará, and demanding that this land fulfill its agrarian and social function. These concerns are the basis of a lawsuit in federal court by the federal and local Public Defender’s Offices.The criminal complaint is a clear attempt to silence environmental and human rights defenders. This silencing is intensified by the presence of the company's armed security in the territory. It is also an attempt to criminalize organizations that monitor and denounce the destruction caused by large projects in the Volta Grande do Xingu. On November 15, a group of 25 local movements and organizations, mainly based in Altamira, Pará, issued an open letter condemning the criminalization of farmers, social movements, and civil society organizations promoted by the Canadian mining company Belo Sun. It is essential that the terms of this letter be strengthened and echoed nationally and internationally.This is not the first time that Belo Sun Mineração Ltda. has intimidated civil society organizations and human rights defenders. In 2022, the company filed a lawsuit against a university professor who had exposed the risks that the Volta Grande Project would pose to the Xingu River and its people. In mid-2023, Belo Sun sent an extrajudicial notice to the National Coordination of Indigenous Peoples of Brazil (Apib), attempting to silence the organization's complaints about the risks posed by the mining project in the Volta Grande do Xingu. This notice came shortly after the release of a report on Belo Sun by the legal team of the Apib and an international advocacy action at the UN in Geneva carried out by the Alliance for the Volta Grande do Xingu, a coalition of which Apib is a part. The action aimed to expose corporate abuses by Canadian companies in the Brazilian Amazon and in eight other countries in Latin America and the Caribbean. Regarding Belo Sun's activities in the Volta Grande do XinguBelo Sun aims to establish a massive open pit gold mining project overlapping the PA Ressaca region, on the banks of the Xingu River, with the goal of operating the largest gold mine in Brazil. The so-called Volta Grande Project (PVG), if approved, would substantially and potentially irreversibly impact a territory already severely affected by the Belo Monte mega-dam, as well as affecting the lands and traditional ways of life of various indigenous peoples, rural settlements, and riverside communities in this region.Several lawsuits have been filed documenting the irregularities committed by Belo Sun, including the absence of free, prior, and informed consultarions and consent from the affected indigenous and traditional communities; the illegal acquisition of plots within the PA Ressaca; the harassment and violation of the right to free movement and access to the territory of local communities; and the lack of competence of the State of Pará to issue the environmental license for the PVG. Its licensing has been suspended since 2017 by the decision of the Federal Regional Court of the 1st Region, and on September 11, 2023, it was transferred to the jurisdiction of Ibama, a federal agency. DemandsWe, citizens, civil society organizations, and representatives of social movements who support this statement, condemn the criminalization promoted by Belo Sun Mineração Ltda. We express our solidarity with the victims of this process and emphasize our understanding that:We support the terms of this petition and join voices in denouncing that intimidation and criminalization of human rights defenders, activists, researchers, and leaders of social movements by Belo Sun are unacceptable, and therefore, we support the terms of this petition.The Land Reform Project (Projeto de Assentamento) Ressaca is an area designated for agrarian reform and local family farming located in a region already highly vulnerable from a socio-environmental perspective, making it incompatible with the installation of a large-scale open-pit gold mining project like Belo Sun's Volta Grande Project.The public authorities must take necessary measures to empower the families, communities, and peoples of the Volta Grande do Xingu, ensuring their effective participation in governance and the protection of the territory. The member organizations of the Volta Grande do Xingu Alliance issuing this statement and calling for endorsements are:Articulação dos Povos Indígenas do Brasil - APIBMovimento Xingu Vivo - BrasilAmazon WatchInterametican Association for Environmental Defense - AIDAInternational RiversEarthworks Justiça GlobalMiningWatch Canada Join us in protecting the Amazon, the Xingu River, and their defenders!Sign the note of international solidarity against the judicial harassment being carried out by Belo Sun: https://forms.gle/tzUzR47v72jsdEPN8

November 13 2023 Indigenous Rights, Mining, Freshwater Sources

"Water is worth more than lithium": Resistance against an unjust energy transition

"Water is worth more than lithium" is the slogan under which social organizations, trade unions and indigenous peoples have been expressing their resistance against the constitutional reform in Jujuy, a province in northern Argentina. They claim that this reform, promoted by Governor Gerardo Morales, doesn’t respect international regulations on the rights of indigenous peoples, including Convention 169 of the International Labor Organization (ILO), which establishes the right to free, prior and informed consultation of peoples on projects to be developed in their ancestral territories. In this sense, this reform would have been approved on June 16, in a short process that didn’t allow for broad public participation and deliberation and in which there was no proper consultation with indigenous peoples. Furthermore, the constitutional text represents a significant step backwards on environmental and human rights issues; it also opens the doors to mega-mining -including lithium mining- under the guise of energy transition, criminalizes protests and allows the privatization of both water and indigenous lands. Indigenous communities have claimed that the indiscriminate advancement of lithium mining projects in the province will exacerbate the water crisis currently affecting the area. With increasing international demand for lithium - considered a strategic resource due to its energy storage capacity (useful for the battery and electric vehicle industries) - global mining and production has accelerated in recent years, with a focus on regions rich in the mineral, such as the Andean salt flats of Argentina, Bolivia and Chile, where more than 53% of the world's proven reserves are located. Lithium is found in brines, pegmatites and sedimentary rocks, although it’s easier to from the former. However, extraction requires large quantities of water and takes place in fragile ecosystems such as salt flats, which suffer from water-deficiency and are severely affected by the impacts of the climate crisis. The social resistance to the constitutional reform in Jujuy is also a resistance to a global trend that, in the name of an energy transition that is far from being just, seeks to perpetuate extractivist models that violate human rights. Human rights violations in Jujuy AIDA - along with seven other civil society organizations with extensive experience in environmental and human rights defense - was part of an international mission that visited Jujuy from 21 to 25 August to learn first-hand about possible violations of the right to protest and participation in the context of the constitutional reform. The mission visited the main protest centers and documented testimonies from people from indigenous groups and communities, farmers' associations, trade unions and human rights organizations, as well as social leaders, teachers, lawyers and provincial authorities. Preliminary conclusions indicate that: Even when indigenous peoples and their communities demanded participation in the constitutional reform, it was carried out without an exhaustive deliberative process. Despite climate crisis and water scarcity, the reform doesn’t properly address integrated basin management and ecosystems conservation. The reform seems to favor large-scale industrial, agricultural and livestock use of water resources and opens the doors to concessions that can lead the privatization of water, damaging ecosystem cycles and failing to protect small-scale agriculture and livestock, vital to the existence of native communities. There is a repeated and manifest concern from indigenous communities about the negative impacts of mining, particularly lithium extraction projects. Testimonies report cases of repression of social protest, arbitrary arrests, harassment and alleged torture by the police of people involved in resistance, as well as disproportionate use of force. The mission is currently systematizing the information collected in order to prepare recommendations oriented that will highlight the complex situation in the province of Jujuy and contribute to a dialog that will allow for a better resolution of the social conflict and respect for human rights. What kind of transition does the constitutional reform in Jujuy point to? Addressing this question is important to understand that a just energy transition is incompatible with a context in which private economic interests prevail over social and environmental considerations, and in which government actions ignore the impacts of lithium extraction and the legitimate claims of local communities to manage their water and territory. Jujuy is home to over 12 indigenous peoples and around 400 communities -whose members have dedicated for millennia to salt extraction in Salinas Grandes, the fourth largest salt flat in South America. Their connection to water is sacred and ancient. It’s a cultural connection that is threatened by the exploitation of lithium, which jeopardizes the availability of an extremely scarce resource. "To extract one ton of lithium (through evaporation), 2 million liters of water are evaporated from the wells, that is, 2000 tons of water that cannot be re-circulated," says Ingrid Garcés, professor in the Department of Chemical Engineering and Mineral Processes at the University of Antofagasta, Chile. This "is profitable for the industry because it means a process without energy costs, but unfortunately it has the cost of losing water from a system that is not renewable, especially in a desert region" (like the salt flats). The constitutional reform in Jujuy doesn’t stipulate an order of priority for water use, but puts human and industrial consumption on the same level. Limited access to water is a central concern in the province, as there are few groundwater resources to meet the demand for water for human and domestic use, as well as for small-scale agricultural and livestock production. An urgent change of course The water crisis is one of the most pressing crises worldwide and is intrinsically linked to the climate crisis and the need to switch to alternative energy production. Extreme weather patterns - such as prolonged droughts, floods and more intense storms – have a direct impact on the availability and distribution of water in different regions of the world, leading to a decline in water resources. In this scenario, competition for water use intensifies and requires social water management for the benefit of communities. This is the only way to address the situation in terms of sustainability and environmental justice. The extraction of lithium to satisfy corporate interests is an example of the paradox that tackling the climate crisis comes at the expense of communities and ecosystems. The lack of fair and equitable distribution of benefits and the externalization of environmental and social costs underscores the urgency to rethink and radically transform our relationship with natural resources and the way we address the climate crisis.

October 23 2023 Indigenous Rights, Mining

High court orders Colombian government to adopt concrete actions for climate crisis mitigation and adaptation

After evidencing that the Ministry of Environment failed to comply with climate obligations contained in the national legislation, the State Council ordered the entity to take concrete measures to meet these commitments within one year. This is the final decision in the litigation filed by various stakeholders demanding the State to include the climate impact of the coal sector in its climate crisis management. The State Council ordered the Ministry of Environment and Sustainable Development to adopt, within one year, specific measures to mitigate and adapt to the climate crisis in order to fulfill part of the country's climate commitments. With this ruling, the High Court resolved a compliance action filed on May of this year by a coalition of civil society organizations, think tanks and universities to require the State to include the impacts of the coal production chain in the climate policy.In the decision, the State Council acknowledges the Ministry's failure to comply with the norms to include climate impacts in projects with environmental management and control instruments, the lack of regulations regarding emissions from the coal sector, and the absence of a report and evaluation of the impact of the implementation of nature-based solutions programs and projects.Although the decision could have been more ambitious by also recognizing other alleged non-compliances that were proved in the litigation, the high court issued four fundamental orders to be complied by the Ministry of Environment:Inclusion of climate change adaptation and mitigation considerations in the environmental management and control instruments of projects, emphasizing the quantification of greenhouse gas (GHG) emissions and the contributions of environmental compensation measures to the Nationally Determined Contributions, submitted by the State to the United Nations Framework Convention on Climate Change.Adopt a national guideline for formulating, developing, monitoring, reporting and evaluating the impact of implementing nature-based solutions programs and projects. This must include climate change management, integration with an ecosystem approach, contributions to the economy, benefits to biodiversity and human communities.Determining the methodologies for calculating direct and indirect emissions that must be reported, the methods, tools, processes and periodicity of reporting on GHG emissions, and the information and documentation required for GHG inventories.Regulation of the conditions for the verification, certification and registration of GHG emissions, emission reductions and removals as well as determination of the follow-up and control procedures foreseen. Based on the result, this litigation is the first successful case of strategic and climate litigation in the continent, as it was possible to prove that the State failed to comply to specific climate commitments, and has succeeded to order to one of the competent authorities to adopt concrete actions for appropriate climate management. The strategy employed and the precedent achieved can well be replicated in other countries in the region.The enforcement action was filed with the Administrative Court of Cundinamarca by the Interamerican Association for Environmental Defense, the José Alvear Restrepo Lawyers Collective, Censat Agua Viva, Centro de Investigación y Educación Popular, POLEN Transiciones Justas, Universidad de Magdalena and researcher Paola Yanguas.In July, the court issued the first-instance ruling in this case. In it, it issued eight orders requiring not only the Ministry of Environment—but also the Ministry of Mines and Energy—to comply with Law 1931 of 2018 and Law 2165 of 2021, which set out the minimum actions that Colombia must take to meet its climate commitments at international level.This litigation showed that over the last six years, the government has omitted the obligations contained in these laws, particularly in relation to the climate impact caused by the coal sector.The case was subsequently referred to the State Council, whose final decision confirmed part of the ruling of the Administrative Court of Cundinamarca.As the largest coal exporter in Latin America, Colombia is obliged to include in its climate commitments the true extent of the impact of the coal sector. This was demanded by the communities of La Guajira, which have been directly affected for decades.Although these communities did not sign the litigation, they sponsored it and accompanied its presentation with traditional dance and music. Press contact:Víctor Quintanilla-Sangueza (Mexico), AIDA, [email protected], +521 5570522107

Paisaje desértico en La Guajira, Colombia.

September 12 2023 Indigenous Rights, Mining, Freshwater Sources

Expanding coal mining in Colombia contravenes a just energy transition

Colombia faces numerous challenges related to the just energy transition the world needs. As the main exporter of thermal coal in Latin America, one of its primary challenges is to define the future of this mineral in the country's economic and energy matrices, as well as how to align this sector with its commitments to address the global climate crisis. Certainly, the measures taken to achieve a just energy transition and meet climate commitments must respect and guarantee human rights. The State must do so with a differentiated perspective that respects the most vulnerable groups in society who are most affected by the impacts of the climate crisis and transition processes. As part of a plan to change the energy transition strategy, the current government has proposed to create a roadmap that focuses, among other things, on promoting renewable energy projects from non-conventional sources, among other initiatives. The proposal is based on four principles: equity, social and binding participation, sovereign graduality with reliability, and a principle of knowledge. Although the proposed strategy can be seen as progress towards energy transition and meeting international commitments and standards, it has some gaps: it does not focus sufficiently on fossil fuel substitution and ignores the role and impact of the coal sector in all its phases. The omission of the structural causes of the climate crisis hinders the consolidation of an energy transition, which is now a contested scenario with various claims and interests at stake. A vivid example is the department of La Guajira in the north of the country, where a high potential for renewable energy coincides with the extraction of 35% of exported coal, exacerbating the climate crisis. This has increased the region's already high climate vulnerability and aggravated human rights violations in that territory. The impacts–particularly water stress, desertification, and reduced rainfall—have been so severe that the government has declared a state of economic, social, and environmental emergency in La Guajira, where the El Niño phenomenon is expected to occur with greater intensity and duration than in previous years. The coal sector’s role in the energy transition process Combating and addressing the climate crisis requires progress in replacing fossil fuels, as well as slowing down the expansion of their extraction and exploitation with the obvious consequence of limiting their use as much as possible. In the countries of the Global South, which are highly dependent on the extraction and commercialization of fossil fuels, the debate has begun on whether and how to move forward with the substitution process. If Colombia is to move forward in meeting its climate commitments and in the process of a just energy transition, it must halt the approval of new thermal coal mining projects, avoid the expansion of existing projects, and initiate responsible exit processes for a gradual closure of mining operations in which rights are guaranteed. The energy transition roadmap should focus on avoiding, as much as possible, human rights impacts (territorial, subsistence, and environmental) on the communities most affected by the impacts of the climate crisis. The goal is to avoid further human rights violations and a lack of protection for the territories traversed by the coal sector's production chain. The debate around the energy transition and the socio-environmental conflicts associated with coal is fully exemplified in the case of the Bruno stream, in La Guajira, with an ongoing legal process. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the company Carbones del Cerrejón (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights of access to water, health and life. The debate about the energy transition and the socio-environmental conflicts associated with coal is exemplified by Bruno Stream in La Guajira, which is the subject of a court case. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the Carbones del Cerrejón company (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights to access to water, health and life. What just transition does need After analyzing the role of coal in the process of just energy transition in Colombia, it is possible to conclude that the country is not meeting its climate commitments because it has not established specific measures and actions for the coal sector in its climate policy. If Colombia wants to move forward in fossil fuel substitution, climate policy and the energy transition process cannot be separated from the monitoring and decision-making of the relevant authorities regarding specific projects in the coal sector. Climate change management and the energy transition process must recognize the claims of justice, reparation, and non-repetition raised by communities affected by years of coal extraction, such as those in the department of La Guajira. In a just energy transition scenario, progressive, participatory and inclusive processes to end mining - together with the affected communities - must be ensured, aiming to create diversification and conversion scenarios in regions with high dependence on the coal sector. Acting within this framework is desirable and possible.

August 31 2023 Accountability and Transparency, Human Rights, Indigenous Rights

Report reveals shocking rights violations by Canadian corporations in Latin America

Geneva - A groundbreaking report titled "Unmasking Canada: Rights Violations Across Latin America" was unveiled at the United Nations Universal Periodic Review Process (UPR) pre-session in Geneva, spanning from August 28 to September 1, 2023. This in-depth investigation highlights extensive human rights and environmental breaches by Canadian companies in Latin America and the Caribbean. Compiled through the collaboration of over 50 civil society organizations, the report implicates 37 Canadian projects across nine countries in the region. Of these, 32 projects have been found responsible for environmental rights infringements, including 105 oil spills in Peru's Block 192, directly linked to Frontera Energy. Additionally, the right to Free, Prior, and Informed Consent was violated in 26 projects, exemplified by dubious practices in Ecuador's Warintza project managed by Solaris Resources Inc. Violent confrontations tied to 16 projects are also highlighted, with a notable incident in Peru in July 2023, where 20 individuals were injured. While Canada positions itself as "climate forward," this report challenges such a portrayal, emphasizing Canada's protection of extractive industries that are responsible for significant human rights and environmental harm. In response to these findings and anticipating Canada's UPR on November 10, 2023, the report advocates for UN member states to impose legally binding resolutions on Canada, compelling the nation to address corporate misconduct overseas. Mauricio Terena, Legal Coordinator from Brazil’s Association of Indigenous People (APIB), said: "We have come here to denounce the involvement of Canadian companies in human rights violations in Brazil, particularly the case of the Belo Sun mining company in Pará, which aims to establish the country's largest open-pit gold mine. While Canada portrays itself as a defender of human rights and the environment, its actions contradict this narrative, especially when infringing upon the rights of indigenous peoples in Brazil. The discrepancy becomes evident when we realize that Canada has not signed the ILO's Convention 169. Therefore, we hope that the states with which we are in dialogue recognize this reality and urge Canada to reassess the operations of its corporations, seeking tangible action in defense of indigenous peoples and traditional communities". Addressing the UPR's function, where every four years UN member states review each other's human rights records, Latin American civil society representatives presented new recommendations for Canada. These recommendations underscore the need for Canada to introduce binding and comprehensive legislation centered on due diligence and corporate accountability. This encompasses the oversight of financial institutions and Canadian corporations throughout their global supply chains, aiming to prevent, mitigate, and penalize corporate misdeeds while ensuring victims of such practices overseas can seek justice and full reparation. "We hope that the UPR (Universal Periodic Review) process will establish itself as another strategy in our defense of indigenous peoples' rights, serving as a tool for the protection of human, indigenous, and environmental rights. It is essential to acknowledge that corporations involved in such violations are committing criminal acts. These actions should not be viewed merely as isolated incidents, but rather on a broader scale, as violating indigenous rights impacts all of humanity. Thus, beyond national and international laws, these transgressions should be seen from a more comprehensive perspective. It is crucial for states to commit, within the UN framework, to join a global mechanism where they recognize the need to monitor and mutually hold each other accountable for actions that uphold human, indigenous, and environmental rights", said Maria Judite "Kari" Guajajara, Legal Advisor at the National Indigenous Organization of the Brazilian Amazon (COIAB). This isn't the first instance of Canada facing allegations within the United Nations Universal System due to the activities of its corporations abroad. Six recommendations were directed at Canada during the 3rd cycle of the Periodic Review. These addressed, among other concerns, Canadian businesses' vital assurance and protection of human rights. Nevertheless, even after pledging to meet these recommendations, Canada consistently failed to fulfill its extraterritorial obligations, neglecting to take effective action to supervise corporate activities domestically and internationally. Gisela Hurtado, Advocacy Manager at Amazon Watch, commented: "Our report unveils the disturbing reality behind Canada's corporate endeavors in Latin America. While Canada boasts of ethical business conduct, the documented evidence reveals a starkly contrasting picture – one where profit is prioritized over people and the environment. Urgent change is paramount." The report's presentation in Geneva was spearheaded by a delegation that included Mauricio Terena from APIB; Maria Judite "Kari" Guajajara from COIAB; Josefa de Oliveira, a Popular Educator with Movimento Xingu Vivo Para Sempre; Lorena Aranha Curuaia, Vice President of the Iawá Community; ; and Brayan Mojanajinsoy Pasos, General Secretary of the Association of Indigenous Councils of the Municipality of Villagarzón Putumayo (ACIMVIP). The delegation was further supported by representatives from organizations including Amazon Watch, AIDA (Regional), Earthworks (US) Gaia (Colombia), and Ambiente y Sociedad (Colombia). Short summary involving Canadian companies involved in rights violations highlighted in the report 1. Frontera Energy in Lote 192 in Peru: - Over 2,000 sites contaminated, affecting 26 Amazonian indigenous communities. - Proposed activity closure plan doesn’t include reparations for affected communities. 2. Mineradora Argentina Gold SRL (joint venture between Barrick Gold and Shandong Gold): - Responsible for at least five toxic substance leakages, including cyanide and arsenic, into the Jáchal River in Argentina from the Veladero mine. - The project is in violation of the Glacier Law due to its location in a glacial zone and affects the UNESCO recognized biodiversity heritage site, the San Guilhermo Reserve. 3. Belo Sun's Volta Grande project in Brazil: - Cumulative impacts with the Belo Monte hydroelectric dam, located less than 10 km away from the prospected mining site; - Armed security forces hired by the Canadian mining company to monitor local leaders and hindering their freedom of movement; - Utter disrespect to Free, Prior and Informed Consent of Indigenous and riverine communities; - Imminent and irreversible risks of an environmental tragedy if toxic waste spills into the Xingu River due to a potential dam break, given the lack of sysmic and tailings dam safety studies. - Direct impact on communities, their traditional livelihoods, and local ecosystems. 4. The Mina Varadero in Chile: - Contaminated water sources with mercury, impacting rural populations and children. 5. ISAGEN - Brookfield Asset Management's Hidrosogamoso dam in Colombia: - Significant harm to local ecosystems and communities. 6. American Lithium's mining projects (Falchani, Macusani, and Quelccaya) in Peru: - Regularly release toxic residues, affecting over 700,000 people and contaminating the Lake Titicaca and Amazon River basins. 7. Solaris Resources Inc.'s Warintza mining project in Ecuador: - Ignored the territorial rights of the Shuar Arutam indigenous people and adopted divisive tactics. 8. Mining project of Ixtaca in Mexico: - Suspended due to violations of indigenous rights. 9. El Pato II mining project in Guatemala: - Affected the Poqomam Maya and mestizo communities without proper prior consultation. 10. Libero Copper's Mocoa mining project in Colombia: - Directly harmed the ancestral territory of the Inga people, violating their rights. 11. Cosigo Resources LTD's Machado gold extraction project in Colombia: - Severely impacted sacred indigenous sites in the Yaigojé Apaporis territory. 12. Barrick Gold's Pueblo Viejo mine in the Dominican Republic: - Forced the displacement of 65 local families due to the El Llagal waste dam. 13. Mining projects of La Plata by Atico Mining Corporation and Las Naves by Curimining S.A. (a subsidiary of Adventus Mining Corporation) and **Salazar Resources Limited in Ecuador: - Tried legalizing their operations despite violating national and international human rights laws, leading to confrontations and injuries. 14. Petrotal's Lote 95 in Peru: - Protests demanding community rights resulted in several deaths by police forces guarding the oil field. 15. Equinox Gold in Brazil: - Concealed data regarding their operations and impacts, including a dam break. - 4,000 of people directly impacted by toxic waste resulted from the dam break that contaminated local Amazonian rivers, violating the right to a clean environment and adequate access to drinking water. - Criminalization of local community leaders that protested for the right to water. 16. Gran Tierra Energy in Ecuador: - Conducted explorations without proper information dissemination in the Charapa, Chanangué, and Iguana blocks.

August 28 2023 Mining, Toxic Pollution, Human Rights

Voices seeking justice for the community of La Oroya

The situation of the community of La Oroya in Peru, affected by decades of toxic pollution and the lack of effective government action to combat it, is not an exception in Latin America. Unfortunately, there are many environmental and social sacrifice zones in the continent where highly polluting activities, such as the La Oroya metallurgical complex, are developed. These activities are poorly supervised by the authorities responsible for guaranteeing life, health, personal integrity and other human rights. The importance of the case responds precisely to these realities and transcends the Peruvian context, representing a historic opportunity to set an important precedent for the entire continent. The Inter-American Court of Human Rights, which has yet to rule on the responsibility of the Peruvian state and the reparations to be made to the victims, has taken up the case. In anticipation of the decision, we’d like to share the testimonies of those who have been a key part of the search for justice for La Oroya. They are voices that demonstrate the gravity of the damage caused, and that show that the road to justice has been long, but fruitful. They are voices that express the urgency of guaranteeing a better future for the inhabitants of La Oroya and, ultimately, the effective enjoyment of the right to a healthy environment in the continent. 1. yolanda zurita, petitioner in the case "Community of La Oroya v. Peru" before the Inter-American Human Rights System: 2. anna cederstav, AIDA’s Deputy Director and CFO: 3. Liliana Ávila, Coordinator of AIDA's Human Rights and Environment Program:

April 19 2023 Mining, Toxic Pollution, Climate Change

Latin America's role in coal extraction and use

The extraction, transport, use and export of coal to generate electricity are major causes of both the climate crisis and systematic human rights violations. Forty-four percent of global carbon dioxide emissions from fossil fuels come from the use of coal, and the entire coal chain creates serious social, environmental and human rights impacts including forced displacement, water pollution and disease. In its most recent report, the Intergovernmental Panel on Climate Change reiterated that, in order to avoid a catastrophic rise in the planet's average temperature, 80 percent of coal reserves must remain underground and that the use of coal for power generation must be phased out by 2050. However, according to the International Energy Agency, coal consumption reached 8 billion tons for the first time at the close of 2022, representing a 1.2 percent growth in global demand. These figures could rise further in 2023 and stabilize in the following two years, according to forecasts by the energy arm of the Organization for Economic Cooperation and Development. This is partly because, to cope with gas shortages due to the war in Ukraine, Europe plans to relax emission controls regarding fuels like coal. This contradicts the Glasgow Climate Pact (2021) in which States agreed to gradually reduce its use. Latin America is no stranger to this situation. The region participates both in the burning of coal and in the extraction of the mineral which, after being exported, is used as a fossil energy source in other corners of the world. Colombia is the fifth largest coal exporter in the world and Mexico represents the fourteenth largest emitter of greenhouse gases. Governments in the region therefore have a shared responsibility in global efforts to curb the exploitation and burning of coal in favor of energy systems based on non-conventional renewable sources that are sustainable over time and respectful of the environment and people. The story of coal in Latin America, and the pressing need for decarbonization, can be told by taking a closer look at the cases of Chile, Colombia and Mexico. Chile: progress and challenges of decarbonization In Chile, coal-fired power generation is the main cause of serious impacts on the ecosystems and the health of people living in so-called Sacrifice Zones. Historically, pollution from coal-fired power plants—there were, at one time, 28 in operation—has been concentrated in these geographic areas, resulting in toxic air and one of the country’s greatest socio-environmental problems. In recent years, the Andean nation has seen progress toward the decarbonization of its electricity sector. Between October 2021 and September 2022, 27.5 percent of Chile’s electricity came from solar and wind sources—representing the first time renewables surpassed coal use, which fell to 26.5 percent after being the main source for more than a decade. In 2019, the Chilean government committed to closing all coal plants by 2040. Since that public announcement, the timetable has been accelerating. The initial proposal was to close eight thermoelectric plants by 2024 and the remaining 20 by 2040. Now, 65 percent of the plants are scheduled to close by 2025. A bill approved in June 2021 by the Chamber of Deputies and Chamber of Deputies backed the change, which now awaits Senate endorsement. Despite the progress, some experts say that Chile’s roadmap may not be entirely feasible and could increase diesel use in the short term. There is also an imminent risk that rapid decarbonization becomes an excuse to increase the use of gas, ignoring its risks and its role in the country's greenhouse gas emissions. In fact, the government has committed to carbon neutrality by 2050 based on scenarios that include an increased use of gas, but fail to recognize a greater use of diesel. Moving forward, it’s important that Chile’s decarbonization plan contains provisions to prevent continued and increased use of gas. On the contrary, a progressive plan must promote the implementation of renewable energies, encourage distributed generation and increase energy efficiency. A comprehensive plan must also include measures to adequately address energy poverty, and to relocate and reemploy people who lose their jobs due to the energy transition. Only then will it be truly responsible and fair. Colombia: the damages of coal mining and exports Colombia is the world's fifth largest coal exporter, with only 8 percent of the extracted coal being used for domestic consumption. Coal is the mineral that contributes most to the national economy, accounting for more than 80 percent of mining royalties. Yet poverty levels in the departments where 90 percent of the extraction takes place—La Guajira and Cesar—far exceed the national average. Much of Colombia’s coal extraction occurs in El Cerrejón, the largest open-pit coal mine in Latin America. Its operation and growth over the last 40 years has destroyed rivers, streams and endemic ecosystems like the tropical dry forest; polluted the air, causing serious health consequences; and continuously violated the rights of Wayuu, Afro-descendant and rural populations in La Guajira. At the 27th UN Conference on Climate Change (COP27), the current Colombian government announced its intention to reduce the exploitation of fossil fuels and undertake a gradual energy transition. However, to date, the climate impacts of coal mining have not been evaluated, no legislation has been passed on the closure of mines currently in operation, and there’s a lack of certainty around the future growth (or not) of the 1,774 existing coal-focused titles or new investments in the sector. At the same time, Germany has increased its imports of Colombian coal due to the scarcity of gas in Europe. And purchases from the European market increased between January and November 2022, although Asia and the Americas are still the main buyers of the Colombian mineral. These exports demonstrate that the impacts of burning coal anywhere in the world are global—just as multinational corporations have a responsibility in the human rights violations derived from their coal mining in Colombia, the Colombian government has a responsibility in the aggravation of the climate crisis due to coal’s extraction and sale. Achieving a just transition in Colombia requires—among other things—building inclusive and participatory spaces, developing and implementing standards for the responsible closure of coal mines, and creating policies that allow for the adequate economic and social reconversion of those people most affected by the process. Mexico: the backlash of betting on coal and other fossil fuels In 2020, coal-fired power plants produced 10 percent of Mexico’s electricity and emitted 22 percent of the energy sector's total greenhouse gases, according to calculations by the Mexico Climate Initiative. Coal production and electricity generation from the mineral are concentrated in the state of Coahuila, where 99 percent of Mexico's coal is mined in just five municipalities. The origins and cultural identity of this region lie in coal mining, which dates back more than 200 years and still sustains the economy of 160,000 people. At the same time, the coal business has brought air and water pollution, disease and death. According to the historical record kept by victims' families, since coal mining began, more than 3,100 miners have died in the area. Two of the three coal-fired power plants operating in the country are in Coahuila; the other is in Guerrero and is fueled by imported coal. Those two plants consume almost half of the mineral extracted in the region and create more than 60 percent of the energy. Air pollution from burning coal causes around 430 deaths a year in Coahuila from respiratory diseases, according to the Centre for Research on Energy and Clean Air. According to 2019 data, Mexico is the 14th largest emitter of greenhouse gases globally—69.5 percent of its emissions come from the energy sector. Under the current government, energy policy shifted from expanding renewable energy projects to prioritizing the use of fossil fuels and promoting state dominance through the Federal Electricity Commission (CFE) and the state-owned petroleum company PEMEX. In fact, in 2022, coal-based energy production in Mexico increased 63 percent from the previous year. Environmental organizations have pointed out that "prioritizing electricity generation from CFE plants implies guaranteeing the burning of more coal and fuel oil indefinitely, and the development of new fossil gas infrastructure, which would tie us to US gas imports or the development of fracking projects in the north of the country with the consequent negative social and environmental impacts." It’s clear that Latin America has a role in the extraction and use of coal, as well as in its social and environmental impacts. For the region, a just transition towards other forms of energy generation must take into account the particularities of each country, be orderly and have a human rights and gender approach. This implies, among other things: considering the local communities that depend on the coal chain; designing policies to identify and manage the economic and social impacts of the transition; placing alternatives to coal at the center of the discussion; and developing broad and participatory decision-making processes with an active role for the urban and rural population. To achieve this, governments must take decisive action to ensure compliance with their climate and human rights commitments.

March 23 2023 Capacity Building, Freshwater Sources, Mining

Towards just water governance in Colombia: A dialogue on the Transformative Water Pact

UN 2023 Water Conference virtual side event Ecosystems such as wetlands, paramos, rivers and other hydrosystems, as well as the people who inhabit them, are fundamental to mitigate the water crisis. However, the growing socio-environmental conflicts over competition for water uses are evidence of the strong pressure on water resources exerted by large-scale mining and other extractive industries in Colombia and Latin America. Indigenous peoples, Afro-descendants, peasant communities and urban dwellers continue to demand judicial protection of their human rights to water and environmental participation due to the impacts generated by human activity. This event presented The Transformative Water Pact (TWP), an innovative framework for water governance that has been developed by environmental justice experts from around the world. The TWP served as a starting point for dialogue between representatives of the government of Colombia, academia, regional and international NGOs in relation to Colombia’s current ambitions in multi-scalar water governance. Specific attention was given to the ways in which indigenous, ethnic and bio-cultural approaches can be used to create stronger synergies between communities and formal institutions within the context of water governance. We also discussed challenges that still remain in protecting strategic ecosystems in the region and the lessons learned from the environmental movement in Colombia, linking them to policy recommendations for transformative water governance at the regional level. speakers Murtah Shannon, Policy Advisor, Both ENDS. Yeny Rodríguez, Attorney, Interamerican Association for Environmental Defense (AIDA). Fabián Caicedo, Director de Gestión Integral del Recurso Hídrico, Ministerio de Ambiente de Colombia. Violet Matiru, Executive Director, Millenenium Community Development Initiative (MCDI), Kenia. Bhanumathi Kalluri, Director, Dhaatri Trust, India. Recording More info Learn more about the Transformative Water Pact.

December 22 2022 Indigenous Rights, Mining, Accountability and Transparency

Swiss OECD Point of Contact calls on Glencore to comply with due diligence on coal mine in Colombia

Switzerland’s National Contact Point (NCP) for the Organization for Economic Cooperation and Development (OECD) recommended that the multinational as the sole owner of the Cerrejón mine in Colombia ensure “its policies and due diligence measures promote responsible business conduct at Cerrejón” in its final statement on the complaint filed against Glencore. The NCP further implored Glencore to maintain a dialogue with NGOs and representatives of the indigenous Wayúu and Afro-Colombian communities affected by the mine's operations. In January 2021, a coalition of national and international organizations—comprised of GLAN, CAJAR, AIDA, CINEP, Ask! ABColombia and Christian Aid Ireland—filed five complaints with the OECD NCPs in Ireland, the United Kingdom, Switzerland, and Australia to denounce the various detrimental impacts of the Cerrejón mine, operated by Carbones del Cerrejón. The coalition detaile the disastrous impacts on the lives and human rights of the indigenous, Afro-descendant and other rural populations of La Guajira resulting from operation of the Cerrejón mine and Carbones de Cerrejón’s lack of due diligence in its operations, leading to non-compliance with OECD guidelines for multinational companies. The coalition filed the complaints against ESB (Electricity Supply Board), the Irish state-owned company that buys coal from the Cerrejón mine; CMC (Coal Marketing Company), based in Dublin, Ireland, which markets the coal from Cerrejón, and the multinational mining companies that jointly own Carbones del Cerrejón: BHP, Anglo American and Glencore. In response to the coalition’s complaints, the Swiss NCP noted that "the Australian and British NCPs will publish, in accordance with their rules of procedure, Final Statements regarding BHP and Anglo American respectively.” The complaints in Ireland are still pending. The Swiss NCP’s statement did not address the main duty of its mandate—to ensure the implementation of the OECD Guidelines for Multinational Enterprises. Instead, the Swiss NCP statement merely reiterated generic existing duties and did not make substantive recommendations in response to the details or the gravity of the Cerrejón’s human rights abuses and violations documented in the complaint. The Swiss NCP conducted its review with serious irregularities and asymmetries in its treatment of the parties. The Swiss NCP failed to provide the affected Wayuu indigenous and Afro-descendant communities with access to information about the review or any guarantees of participation in the review. These asymmetries and irregularities resulted in Glencore’s impunity for the serious human rights violations committed by the mining operations of Carbones del Cerrejón. Our coalition eventually chose to withdraw from the process in protest of the Swiss NCP’s disfavorable treatment of the coalition and favorable treatment of Glencore. Our experience with the Swiss NCP highlights how the complex web and architecture of impunity and asymmetry in international processes favors multinational companies, resulting in abysmal gaps in justice for victims of multinational companies’ human rights abuses and violations. Given the enormity of the Swiss NCP’s incompetence, negligence, and inconsistency in its functions, we reject the NCP’s final statement which suggests that GLAN and the coalition members are to blame for failure of the mediation process. In this statement, the NCP ignores the impacts of its own deficiencies on the mediation process. The way the Swiss NCP in structured the mediation process placed a greater burden on the complainant’s ability to access and participate in the mechanism than on Glencore. Despite these disadvantages, the coalition participated with the utmost diligence and good faith throughout the entire procedure. The Swiss NCP’s incompetence in this instance is part of its pattern of favoritism of multinationals. For example, the Swiss NCP mishandled the complaint against Sygenta for its harm to farmers in India. The NCP's improper practices led Marcos Orellana, UN Special Rapporteur on Toxic Substances and Human Rights, to state that the Swiss NCP set “a bad precedent that underlines the weaknesses of the National Contact Points for the OECD Guidelines.” Because the Swiss legal accountability mechanisms do so little to regulate the conduct of Glencore—a company with a history of corruption and serious allegations of human rights abuses and violations associated with its global activities—the Swiss government is implicated in Glencore’s abuses. Although the OECD guidelines are voluntary for companies, countries that adhere to guidelines make a binding commitment to implement them. The Swiss NCP's inadequate handling of this complaint and the Swiss government’s failure to comply with its functions and the obligations relating to respect for human rights, leads us to question degree of the Swiss government’s complicity in these abuses and how this complicity creates an environment of tolerance for corporate violations and abuses. What is clear is that the OCED’s voluntary mechanism has become a way to mask corporate violations and facilitate corporate impunity. Although the Swiss government does not grant real and effective access to justice for victims of Glencore’s violations as an investor in Carbones del Cerrejón, Glencore is able make use of its guarantees as an investor—as established in the Foreign Investment Protection Agreement between Colombia and Switzerland—to sue the Colombian government over a court ruling that protected the human rights of the Wayuu people from Carbones del Cerrejón’s actions. In the face of this asymmetry in justice between the parties, it is concerning that Colombia choses to maintain this agreement. We reiterate the inadequacy of non-judicial mechanisms to hold multinational corporations accountable. Cases such as this highlight the need for binding due diligence legislation and a treaty regarding companies and human rights that includes real accountability for abuses resulting from seemingly unlimited transnational corporate power. Signed: Interamerican Association for Environmental Defense (AIDA) José Alvear Restrepo Lawyers' Collective (CAJAR) Center for Research and Popular Education (CINEP) Christian Aid ASK ABColombia Global Legal Action Network (GLAN) press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +525570522107

November 17 2022 Mining, Toxic Pollution, Human Rights

Organizations, coalitions, academia, and specialists support victims of toxic contamination in La Oroya

Experts filed 15 amicus briefs before the Inter-American Court of Human Rights upholding the central argument of the case: that the government of Peru is responsible for violating the human rights of residents of La Oroya for the lack of urgent and effective actions to address pollution from a metal smelter, and its harmful effects. San José, Costa Rica. Organizations, coalitions, academia, and specialists presented 15 legal briefs (Amicus curiae) before the Inter-American Court of Human Rights to support the case of residents of La Oroya against the government of Peru, for human rights resulting from a metal plant spewing toxic pollution into the Andean city for nearly 90 years. The briefs contain solid evidence that support the central argument of the case: that the Peruvian government—by not taking urgent and effective action to address the pollutions and its effects—is responsible for the violation of the rights to life, health, personal integrity, childhood, and a healthy environment of the residents of La Oroya. This argument as expressed in a public audience on October 12 and 13, when the international court heard from witnesses, experts, victims, and government representatives. The briefs, sent to the Court between October 11 and 28, demonstrate that the importance of the case surpasses the Peruvian context and represents a historic opportunity to establish a key precedent in Latin America, and the world, that strengthens the right to a healthy environment and government’s role supervising business activities. One of the briefs was presented by the University Network for Human Rights in partnership with a panel of experts: five former authorities from the Inter-American Commission on Human Rights (Tracy Robinson, James Cavallaro, Paulo de Tarso Vannuchi, Flávia Piovesan and Paulo Abrão) and three former Special Rapporteurs to the United Nations (John Knox, James Anaya, and Juan Méndez). Briefs were presented by Peruvian organizations— including the Technical Committee for Environmental and Human Health and the Civil Society Platform on Business and Human Rights—as well as from other countries in Latin America—the Mexican Center for Environmental Law (Mexico), Defensoria Ambiental (Chile), and Justice for Nature (Costa Rica)—and international organizations such as Earthjustice and The Center for Justice and Environmental Law. Furthering the international scope of the hearing, The Working Group for Strategic Litigation of Red-DESC and the United Nations Working Group on Business and Human Rights. From the academic sector, support came from the Human Rights Research and Education Center of the University of Ottawa (Canada), the Clinic for Human Rights of the Postgraduate Law School of the Pontificia Catholic University of Paraná (Brazil), and the Legal Clinic of Environmental and Public Health of the University of the Andes (Colombia). Other writings were presented by experts on the issues that the case addresses: David R. Boyd, Special Rapporteur to the UN on human rights and the environment, medical anthropologist Susana Ramírez, and attorneys Carla Luzuriaga-Salinas, Macarena Martinic Cristensen, and Ezio Costa Cordella. Following the hearing and the briefs, the next step in the legal process is to present written closing arguments a potential visit to La Oroya by the judges from the Court. The sentence, which cannot be appealed, is expected within six months. press contact Víctor Quintanilla (Mexico), AIDA, [email protected], +525570522107