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Photo: Maíra Irigaray / Amazon WatchHolding Brazil accountable for the Belo Monte Dam
When fully operational, Belo Monte will be the third-largest dam in the world, constructed in one of the most important ecosystems on the planet: the Amazon rainforest. It sits on the Xingu River in Pará, a state in northern Brazil. The reservoir will cover 500 square kilometers of forest and farmland—an area the size of Chicago.
For the people of the Xingu, construction of Belo Monte has meant loss of access to water, food, housing, work and transportation. At least 20,000 people have been displaced.
The government and construction consortium began to construct the dam without first consulting the people of the region, many of whom are indigenous. They flouted international human rights law, which requires the free, prior and informed consent of affected indigenous communities. Brazil also failed to comply with precautionary measures issued by the Inter-American Human Rights Commission, which were intended to protect the life, health, and integrity of local communities.
Though Belo Monte began operations in May 2016, it is not yet operating at full capacity. In April 2016, a federal court suspended the dam's operating license because the consortium in charge did not complete basic sanitation works in Altamira, the city nearest to and most affected by the dam.
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Brazil and the example that should be followed
In an apparent turnaround, the Brazilian government has signaled an end to the construction of large dams in the Amazon. If materialized, it will be a step worthy of imitation. Then the region, and the world, can move towards truly sustainable energy generation that respects the environment and human rights. 2018 began with encouraging news for the energy sector, and for rivers and human rights in Latin America. A senior official with the Brazilian government signaled, in an interview with the newspaper O Globo, the beginning of the end of large dams in the Amazon nation. That statement is backed up by the notable absence of several of these projects in Brazil’s new Ten-Year Plan for Energy Expansion. The about-face is particularly significant since Brazil is a world leader in the construction of large hydroelectric projects, which until a few months ago were relied on to meet the nation’s rising energy demands. Between corruption and lack of financing The decision is a response to various factors, including the social conflicts and environmental impacts that large dams have caused in the Amazon, and major opposition from indigenous communities and civil society organizations. In addition, these projects have involved high costs from the start and, as Edvaldo Santana, former director of the National Electric Energy Agency (ANEEL) told O Globo, they “end up costing much more, despite the licenses.” Large dams have also been at the center of the largest corruption scandal in the history of Brazil, uncovered by the Lava Jato investigation, which went beyond borders to involve politicians and businessmen from 11 Latin American nations. The evidence gathered then prompted the initiation of Leviathan, a special investigation into the Belo Monte Dam due to the signs of high payments of bribes related to its construction. All of the above is in addition to the requirements for environment licenses with which several projects have failed to comply. This is the case of Belo Monte, whose license has been suspended for months, and of the Tapajós Dam, who license was denied last year. On the other hand, the Brazilian government announced the privatization of Electrobras, a public company with a fundamental role in the construction of these large infrastructure projects. With this and the economic crisis that has affected the ability of the Brazilian National Bank for Economic Development (BNDES) to support these mega-projects, the large dams have lost their primary sources of funding. Therefore—and in the face of technological advances and clean energy alternatives—Brazil is beginning to leave behind large dams and take and important step towards truly sustainable energy, and development that respects human rights. This advance could have an important impact on the entire American continent. It could begin a wave of change toward a more modern energy matrix, further removed from the increasingly obsolete large dams. A necessary change In the Amazon basin alone, more than 275 new large dams are planned, the majority in the Andean region. And hundreds more are lined up in Central America and Mexico. To echo Brazil’s announcement, these initiatives could incorporate adequate and comprehensive energy planning with serious cost and risk assessments. In these terms, Pablo Pedrosa, Executive Secretary of Brazil’s Ministry of Mines and Energy, told O Globo, “We are not willing to make moves to disguise the costs and the risks.” Even global entities such as the International Finance Corporation (IFC), part of the World Bank Group, have experienced first-hand the financial, reputational and socio-environmental costs of inadequately evaluating large dam projects. In 2012, the IFC, through the Latin American Fund for Renewable Infrastructure, provided $15 million USD to fund the Santa Rita Dam, which was to be built on the Ictobay River in Alta Verapaz, Guatemala. At the end of last year, the entity’s accountability mechanism concluded that the investment had breached the IFC’s operational policies. The project had failed to comply with the affected community’s right to free, prior and informed consent. Although IFC management denied the findings of its accountability mechanism, the project has been suspended since 2013 and the indigenous communities of the area maintain their opposition to it. Brazil’s recent decision reinforces the global trend of moving away from large dams. Over the last several years in the United States, large dams have been removed to rescue rivers and the benefits they provide, like wild salmon runs on the Snake River in Washington State. Given this good start to the year, it will be essential to ensure the effective implementation of Brazil’s decision. And, following that example, perhaps other Andean-Amazonian countries will also move towards modernity, consider the real costs of large dams, and begin to promote better, cheaper energy alternatives that don’t sacrifice natural ecosystems and the communities that depend on them.
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Why I’m joining the fight for justice for Belo Monte’s victims
On April 1, 2011, the Inter-American Commission on Human Rights granted protective measures to the indigenous communities affected by a large dam in the heart of the Brazilian Amazon. It was then I first heard of Belo Monte. I was working as a human rights defender in my native country of Colombia. The Commission ordered the suspension of all permits and work related to the dam until the protection of indigenous rights was guaranteed. I remember clearly the excitement generated by the decision, followed swiftly by Brazil’s rejection of it and the imposition of their diplomatic power. Other governments of the region supported Brazil’s position with unusual solidarity, questioning the competence of the international organization to grant such measures in relation to “development” projects. Due to the overwhelming pressure, the Commission, for the first time in its history, modified its decision: it said Brazil must guarantee the life and integrity of affected populations, but that construction could continue. I’ve never understood the governments’ reaction in this case. The Commission had simply fulfilled its mandate: to avoid irreparable harm to the rights of a group of people. The project had not consulted affected indigenous communities, and lacked adequate social and environmental impact studies. It has gone on, as predicted, to cause serious damage to both the environment and human health and wellbeing. The indigenous and riverside communities, which have for generations cared for the Xingu River, have been left to deal with the impacts of a project that interrupted the flow of the river, irreversibly altering their way of life and means of subsistence. The hope continues More than six years have passed since the case was taken before the Commission, which, as an organ of the Organization of American States, is called to protect human rights on the continent. Over this time, Belo Monte has progressed as planned and the threats of social and ecological harm have become a reality. The dam has: caused the forced displacement of more than 40 thousand people, aggravating poverty and social conflict in the area; saturated the health, education, and public safety systems in Altamira, the nearest city; violated the right to adequate housing for thousands of families; and increased violence against human rights defenders. It caused and continues to cause damage to the Amazon rainforest, worsening climate change and its impacts. Despite the setbacks, the hope of achieving justice for affected people has grown over time as well. In September, I became the Senior Attorney for AIDA’s Human Rights and Environment Program. As such, I’m involved with our case before the Commission. I’m honored to have joined an organization that, in alliance with local organizations, has dedicated years to ensuring that the people of the Xingu get reparation for the damages they’ve suffered, and is working to create new standards for environmental and human rights protections in the region. In 2010, AIDA and our allies requested precautionary measures from the Commission. One year later, we filed a formal complaint against Brazil regarding the human rights violations related to Belo Monte. In December 2015, the Commission opened the case for processing. On October 31 of this year, the Commission gave new impetus to the litigation process against Brazil: it decided to unite two stages that, as a rule, are processed separately. In the first, the necessary aspects regarding admissibility of the case are verified. In the second, a fundamental decision is made that analyzes whether a State failed to comply with the international obligations it undertook when signing the American Convention on Human Rights. The petitioners must present the allegations of human rights violations, and the State their responses to them. The Commission will then issue a decision on the case’s admissibility as well as its merit. Their recent exception will expedite the process of reaching that decision. We’re working for the Commission to issue recommendations to Brazil to repair the violations committed. If those recommendations are unfulfilled, the case may be referred to the Inter-American Court of Human Rights, which has the power to issue a ruling condemning Brazil and recommending reparation measures. Valuable lessons Belo Monte is, without a doubt, a lesson for the continent. The case shows that projects of this type are environmentally unviable and generate irreparable damage to human rights. Belo Monte also shows that States must rethink their energy models and turn their efforts toward promoting truly clean and sustainable energy. It’s a warning sign for financial institutions to avoid investing in projects with negative socio-environmental impacts. Finally, it’s an opportunity for the Inter-American Human Rights System to establish a valuable precedent that will hopefully help avoid a similar situation from happening again. On behalf of AIDA, I’m proud to be contributing to the fight for a healthy environment in this and many other cases. Our journey is just beginning.
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Belo Monte: Hope remains, despite failed promises
When the Belo Monte Dam builders came to this corner of the Brazilian Amazon, they came with the promise of sustainable development, particularly for Altamira, the city closest to the dam. On a recent visit to that city, it was clear to me that—six years after construction began and one year after beginning operations—Belo Monte has brought anything but. Last June, Brazil’s Institute of Applied Economics classified Altamira as the most dangerous city in Brazil. According to the study, Altamira’s rapid and disorderly growth over the last six years has had serious implications for crime in the city. In 2000, according to the Brazilian Institute of Geography and Statistics, Altamira had about 77 thousand residents. With dam construction, that figure soared to 110 thousand last year. The result: Altamira registered the country’s highest homicide rate in 2015, with 105.2 murders per 100 thousand people. A troubling context frames these numbers: Brazil is the most dangerous country in the world for environmental defenders, according to Global Witness. That’s especially true for those who dedicate their lives to defending the Amazon—16 of Brazil’s 49 murders in 2016 were related to protection of the Amazon rainforest. Unsanitary conditions In addition to generalized violence, the other big worry in Altamira is basic sanitation, which involves sources and systems of clean water, as well as waste management. During the last six years, when the dam completely altered the urban and social dynamic of the city, no one bothered to provide an adequate, basic sanitation system. And that’s despite the fact that dam construction and operation were approved on condition of building such a system. The only thing built in Altamira at that time was the massive hydroelectric dam. In April of this year, a Brazilian court ordered the dam’s operations suspended until basic sanitation is adequately provided to the resettlement districts of Altamira. But the company in charge of the dam has refused to comply with the ruling, arguing that it has permission to operate. This clearly demonstrates the government’s inability to avoid the abuses caused by this mega-project and its operating company. Questionable investment The current reality of Belo Monte is aggravated by the fact that a Chinese state-owned company, Grid Brazil Holding, won the auction to take over the second power transmission system to be fed by the dam. The company offered 988 million reales (roughly $300 million USD), which makes me question the previous statements of the Brazilian government that hydroelectric energy is cheap, as well as clean. This investment is worrying because the company has already been fined several times for failing to meet deadlines related to the first power transmission system. Worse still, Chinese companies are known for failing to protect human rights and the environment, which is why the situation in Altamira is likely to become even more complicated. Hope remains Despite this discouraging panorama, the urban population, as well as the indigenous and riverside communities, still have hope that Altamira will one day be a quiet and beautiful city again. I heard many people speak of their desire to return to the days of sitting on chairs in the street talking with neighbors, and bathing in the waters of the Xingu river; the days of collective fishing and parties in the parks. Those people have shown me that we should not be afraid or lose hope. There are many who believe in my work as a defender of the Amazon. It is for them that I will keep fighting. I will work so that institutions, like the Inter-American Commission on Human Rights, before which our case is pending, hold Brazil accountable for the human rights violations that have occurred from the construction and operation of Belo Monte. And I will ensure that the people affected by Belo Monte get justice and reparations.
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