Brazil

Marcella Ribeiro d'Ávila Lins Torres

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) 

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.  

Defending the Volta Grande do Xingu in the Brazilian Amazon

"Certain lives exist only in the Xingu River, mine is one of them. And also that of the indigenous and riverine peoples. Can these lives be destroyed?” The question posed by Sara Rodrigues Lima - a local river dweller, fisherman and researcher - highlights the paradox that one of the most biodiverse, ecologically, climatically and culturally important regions in the world is also one of the most affected by socio-environmental impacts. The Volta Grande (or "Big Bend") of the Xingu River, located in the heart of the Brazilian Amazon, is home to a unique ecosystem and is a key region for the conservation of global biodiversity. For centuries, it has been home to indigenous and riverine peoples who have shared ownership of the river and the Amazonian rainforest, providing sources of food, water, identity, culture and mobility, among other things. This link has translated into livelihood systems based on caring for and defending the territory and their own existence, which are now severely threatened. Since 2015, this region has been the target of large extractive projects that threaten the livelihoods and physical and cultural survival of traditional peoples and communities. This has been accompanied by violence against people defending this Amazonian territory. In order to deal with this situation, the affected peoples and civil society have created a network that unites and strengthens their efforts. The Alliance for the Volta Grande do Xingu, formed by social movements and organizations, including AIDA, supports and coordinates actions to defend the region as a living and healthy territory. The coalition has taken the case to the United Nations.   The cumulative impact of two megaprojects One of these projects is the Belo Monte dam, whose construction has caused irreparable environmental damage and human rights violations for several generations. The drought caused by the diversion of the river to generate electricity, as well as the ineffectiveness of the mitigation measures implemented, have led to an ecological and humanitarian collapse in the Volta Grande. Currently, thousands of traditional families are suffering from the death of fish, extinction of fishing, lack of food security, impoverishment, physical and mental illnesses. Another major threat to the region and its traditional inhabitants is the Volta Grande project, where the Canadian company Belo Sun intends to build the largest open-pit gold mine in Brazil. The coexistence of the two projects poses the risk of overlapping areas of direct impact. In this scenario, the potential damage to the environment and to indigenous and riverine peoples will be irreversible. The Belo Sun project is proposed to be built less than 10 kilometers from the Belo Monte dam, on the banks of the Xingu River, in the midst of indigenous lands, protected areas and traditional communities. The magnitude of the synergistic and cumulative impacts of the mine and hydroelectric dam has not been assessed. Also ignored were technical analyses that pointed to the serious impacts of the use of cyanide, the contamination of the river, and the risks of a dam breach that, if it were to occur, would flood 41 kilometers along the river and reach nearby indigenous lands. In addition, the state excluded indigenous peoples, riverine and peasant communities from the environmental licensing process for the mining project. Because they live outside the demarcated indigenous lands or more than 10 kilometers from the project, some indigenous peoples were not considered affected or consulted about the implementation of the project. The lack of consultation and public participation of indigenous and riverine peoples led Brazilian courts to order the suspension of the mining company's operating license.   Violence and threats against human rights defenders The arrival of Belo Sun in the area is a serious intervention in the socio-cultural environment of the Volta Grande do Xingu. The overlapping of the mining project in a territorial polygon inhabited by traditional peoples, rural groups benefiting from the agrarian reform, and artisanal miners has led to community divisions and violence against those who oppose the mine. In the context of the project's development, there have been reports of illegal land purchase and sale contracts to evict rural families, threats to the area's inhabitants by private security companies, and violence against peasants claiming agrarian reform lands acquired by the mining company, which are the subject of legal proceedings. Threats of violence against environmental and human rights defenders have also increased in intensity and severity. Some of them have had to leave the area to protect their lives, and those who remain in the area face constant risks and threats.   Defending the Volta Grande and its people before the United Nations One of the most important actions of the Alliance for the Volta Grande do Xingu has to do with advocacy in the Universal Periodic Review (UPR), a special process of periodic review of the human rights record of the 193 member states of the United Nations. At Canada's fourth UPR cycle in Geneva in August 2023, more than 50 civil society organizations and communities affected by Canadian business activities presented a report highlighting human rights abuses from 37 projects in nine countries in Latin America and the Caribbean, including Belo Sun's Volta Grande project. The document includes recommendations to ensure that states exercise effective environmental oversight that requires human rights due diligence on the part of companies operating in their territories. One of the defenders of the Volta Grande was part of the delegation in Geneva. In addition to denouncing the abuses suffered, he reported on the risks posed by the socio-environmental impact of the Belo Sun project. More than 20 countries and 13 permanent missions and UN agencies took note of the situation in the region. The results of Canada's fourth UPR cycle, released last month, include 34 recommendations directly related to the Alliance's report. Canada has not yet accepted these recommendations, but may do so at the next session of the UN Human Rights Council, which concludes on April 5. As a follow-up to the UPR advocacy, the Alliance submitted reports on the impact of the Belo Sun project to UN Special Rapporteurs. One of them, sent to the Special Rapporteur on Human Rights Defenders of the Inter-American Commission on Human Rights, focuses on the situation of vulnerability and criminalization of human rights defenders. Similarly, the Alliance submitted a report to the UN Committee on Economic, Social and Cultural Rights highlighting the human rights violations committed by Brazil in the Belo Monte and Belo Sun cases, as well as the lack of effective measures to require human rights due diligence by the companies responsible for these projects. Networking in these international spaces to expose the pattern of environmental impacts and human rights violations of extractive economic projects in Amazonian territories has been one of the alliance's strategies of resistance and denunciation. The conservation of the Amazon and the protection of its peoples are incompatible with the large-scale mining planned by Belo Sun.   States have an obligation to prevent serious and irreversible damage to the environment and the population. In the case of Belo Sun, Brazil has the opportunity to avoid repeating the environmental tragedy of Belo Monte and to declare definitively that the mining project is unsustainable from a socio-environmental point of view. The road to these demands and the achievement of these goals will be full of challenges and struggles. But courage and resisting are inherent to those who live in and defend the Amazon. The defense of the Xingu River Basin as a free, vibrant, healthy and safe territory for its peoples and its defenders is an urgent call for social mobilization for the social-ecological protection of one of the world's most important ecosystems.  

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 

Amazon Summit: 6 proposals for preserving the Amazon through regional cooperation

The Amazon is the world's largest tropical forest, a megadiverse ecosystem, and a global climate stabilizer that plays a key role in South America's water cycle. The region is also home to hundreds of indigenous, peasant and local communities. Despite its richness and cultural importance, the Amazon is threatened by colonization and land grabbing, deforestation, fires and extractive activities, among others. Because the Amazon is shared by eight countries – Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela – and French Guiana, a French overseas department, its conservation requires a regional effort. The Amazon Cooperation Treaty (ACT), signed in 1978 by the eight Amazonian countries, promotes the sustainable development of the Amazonian territories, with an emphasis on cooperation and scientific research. In 1998, with an amendment to the Treaty, the countries created the Amazon Cooperation Treaty Organization (ACTO) to strengthen and improve the cooperation process. Today, ACTO is the only socio-environmental bloc in Latin America and the most important scenario for establishing solid regional coordination for the conservation of the Amazon biome. However, this intergovernmental organization has not yet reached its potential. On the one hand, it has encountered obstacles in generating funding, and has had to rely on international sources on several occasions. On the other hand, it has not allowed the effective participation of civil society.                     On August 8 and 9, the city of Belém do Pará in Brazil will host the Amazon Summit 2023, the fourth meeting of the Presidents of the States Parties to the ATT. Given the opportunity that this meeting offers to revitalize the ATT for the benefit of the Amazonian territories, we present below six proposals for the conservation of this ecosystem through regional cooperation.   1. Reform ACTO bodies to allow for public participation There is an urgent need to update the ACT and reinstate ACTO to ensure broad civil society participation, including in the meetings of ACTO's governing bodies and in the drafting of its Strategic Agenda for Amazon Cooperation. The minutes of such meetings should be made public. These and other measures are essential for Amazonian states to fulfill their obligations under the Escazú Agreement, a regional treaty that recognizes the public's right to access information on environmental matters.   2. Promote involvement, dialogue and coordination with Amazonian populations The indigenous, peasant and local communities that inhabit the Amazon have played a fundamental role in its protection. For millennia, their knowledge has enabled its conservation. Therefore, efforts to conserve this ecosystem must begin by recognizing, valuing and protecting these ancestral knowledge systems, promoting their participation in decision-making, and guaranteeing their rights in accordance with international human rights frameworks.   3. Protecting environmental defenders in the Amazon Four of the Amazonian countries – Brazil, Colombia, Ecuador and Peru – are among the countries with the highest risks for environmental and territorial defenders, especially indigenous and peasant women defenders. Despite this, ACTO currently has no strategy to address this serious situation. The organization must guarantee environmental defenders a safe and conducive environment for their work, a task that should include a program for the protection of women defenders in the Amazon.   4. Effectively fight the use of mercury in gold mining The use of mercury in small-scale gold mining is devastating to communities and ecosystems in the Amazon. At the regional level, ACTO should adopt a resolution or program to address this issue directly. And at the international level, member states should act as a bloc to push for amendments to the Minamata Convention on Mercury so that the treaty prohibits the marketing of the heavy metal and its use in small-scale gold mining.   5. Promote compliance with international environmental agreements Based on a regional strategy for the recognition of international environmental law to protect the Amazon and its people, ACTO should advise States Parties on compliance with environmental treaties such as the Convention on Biological Diversity. It should also assist States in the inclusion of threatened sites, knowledge systems, traditions and cultural expressions of peasant communities and indigenous peoples on lists of priority international attention and support, such as UNESCO Biosphere Reserves and Intangible Cultural Heritage, and Wetlands of International Importance under the Ramsar Convention on Wetlands.   6. Promote a different vision of development for the Amazon ACTO should promote a vision of development that considers communities and addresses the problems of deforestation, fires and the expansion of the extractive frontier through international integration. It should also articulate regional efforts to stop the expansion of the oil frontier and advocate for the establishment of a moratorium on fossil fuel extraction in the Amazon. In addition, it should promote legal reforms that discourage the expansion of illegal mining and its impacts.   Looking to the future The Amazon rainforest and the potential for regional cooperation to conserve it are at a critical juncture. The point of no return for the Amazon, the point at which the rate of deforestation nullifies its capacity to regenerate, is no longer a future scenario. But at the same time, after several years of little action within ACTO, this year's Amazon Summit and the reactivation of the Amazon Parliament in 2022 renew hope for regional cooperation to conserve the Amazon. In the same vein, the presidents of Brazil and Colombia recently announced their goals to reduce illegal deforestation in the Amazon by 2030. Given the current threats to the Amazon and ACTO's mandate to promote regional cooperation, its member states should seize this moment to provide the organization with more regular and permanent funding. This is necessary to implement effective long-term programs and, in particular, the above-mentioned proposals. Civil society should also take full advantage of opportunities for advocacy with ACTO and its bodies, including participation in the Amazon Dialogues that will take place from August 4 to 6 as a prelude to the Summit. Joint regional and transboundary efforts are powerful enough to save a vital ecosystem for the region and the world.  

Actions and reasons to preserve the Amazon

Shared by eight countries and home to 10 percent of the planet's known biodiversity, the Amazon is the largest tropical forest in the world. It’s also a global climate stabilizer, storing between 90 and 140 billion metric tons of carbon dioxide (CO2)—one of the most harmful greenhouse gases that, when released, accelerates the climate crisis. For more than 470 communities of indigenous and traditional peoples, the Amazon is an ancestral place of life, from which they have developed their ways of being in the world. However, the rainforest is facing various threats—including colonization, deforestation and extractive activities—that increase its vulnerability and affect the human rights of those who inhabit and protect it. These pressures have caused some areas of the Amazon to emit more carbon dioxide than they absorb. This situation poses the challenge of implementing strategies for the legal protection of Amazonian territories that articulate with the struggles of affected peoples. At AIDA, we have strengthened these strategies and have supported community processes aimed at combating the damage caused by mining and oil exploitation in Amazonian territories in three countries. With hopes currently pinned on the incoming government of Lula da Silva in Brazil—who announced his goal of reducing deforestation in the Amazon to zero by 2030—the preservation of this ecosystem requires political will and strong coordinated and cross-border actions. In this regard, Colombia proposed a common front to defend the Amazon rainforest. Strengthening legal defense AIDA's work strengthened the capacities of national organizations in Brazil, Ecuador and Peru for legal defense of the Amazon. Brazil: By highlighting the shortcomings of its environmental impact study, we helped ensure that the communities affected by the Volta Grande mining project of the Canadian company Belo Sun are included in the environmental authorization process and that the state is obligated to consult with them to obtain their consent. We also prepared a report for UN agencies in which we identified measures to guarantee the safety of environmental defenders in the Amazon region. Ecuador: We strengthened litigation strategies to halt the implementation of a decree by which the government seeks to expand mining exploitation in the country, with serious impacts for the Amazon region. We also generated greater understanding of the tools needed to develop strategic litigation and improve the communication skills of indigenous peoples. Perú: We supported the acceleration of litigation aimed at ensuring the repair and maintenance of the Norperuano oil pipeline, whose operation has generated serious environmental impacts and human rights violations for indigenous peoples affected by oil spills. In all three countries, we were able to advance towards a more precise understanding of the legal protection needs of the Amazon and the contexts in which such strategies should be developed. This was made possible by working in partnership with national and local organizations and indigenous peoples. Arguments to protect the ecosystem There are many reasons to preserve the Amazon, whose importance is regional and global. In order to strengthen communication efforts linked to the legal protection of the ecosystem, AIDA has developed two infographics that present in a schematic and didactic way the arguments for defending the Amazon territories, as well as their inhabitants, in court. The focus of one of the infographics is the vast biodiversity contained in the Amazon. Some figures show its high levels of richness: 40,000 species of plants; 16,000 of trees; 3,000 of fish; 1,300 of birds; more than 430 of mammals; more than 1,000 of amphibians; and more than 400 species of reptiles; therefore, any intervention in the Amazon rainforest must start from the knowledge of it as a highly diverse, complex and interconnected territory. The richness of the Amazon is also cultural, represented in the indigenous and traditional peoples that have inhabited the ecosystem since ancestral times, whose diversity is present in 86 languages and 650 dialects. The Amazon: A megadiverse region (in Spanish)   The other infographic illustrates the capacity of the Amazon to regulate the humidity and climate of the continent. In addition to storing large amounts of carbon dioxide, the ecosystem absorbs half of the solar energy it receives through the evaporation of water from its foliage. Most of the trapped energy is released when the vapor condenses to form clouds and rain. Among other things, the Amazon recycles between 50% and 70% of annual precipitation, pumping some seven billion tons of water a year into the atmosphere through evapotranspiration. The Amazon: A global climate regulator (in Spanish)   The Amazon and its care are emblematic of the intrinsic relationship and balance that must exist between a healthy environment and human existence. "The spirits that give us life exist in the forest, the water and the air. We all have a correlation," said Humberto, a member of a community in the Ecuadorian Amazon. "That existence is what we call life—our own home, the pharmacy, nature or what we can call, in general, the existence of man and nature."  

Urgent alert on human rights threats due to Pantanal degradation

The Pantanal is the world’s largest freshwater wetland. It’s nearly 18 million hectares stretch across Brazil, Bolivia, and Paraguay, making a home for thousands of species, some of which are in danger of extinction.  It hosts six different Ramsar sites, wetlands of international importance, and has been designated as a Biosphere Reserve and UNESCO World Heritage Site. Forest fires, drought, and deforestation, due largely to the expansion of industrial agriculture and the construction of hydroelectric dams, have destroyed millions of hectares of this wetland.  The devastation is not only environmental, but it has also affected the lives of those who inhabit the region, threatening their right to live in a healthy environment.  In addition, the Pantanal provides resources and sustains the livelihoods of about 1.5 million people. More than 270 communities—including indigenous peoples, cattle ranchers and riparian communities—depend directly or indirectly on the wetland, although its relevance transcends the region and is fundamental to the well-being of more than 10 million people. However, the Pantanal is at risk of collapse. Only 5 percent of its area is protected. In recent years, forest fires, drought and deforestation—associated with the expansion of agribusiness and the construction of dams—have destroyed millions of hectares of this wetland. This damage violates the rights of local people and communities. Environmental Damage and Human Rights The intensification of extractive activities during recent years, principally ranching and industrial agriculture, have led to unprecedented droughts and fires in the Pantanal.  In 2020, wildfires destroyed more than 4.5 million hectares, almost one-third of the wetland’s area.  And so far in 2022, more than 123 thousand hectares have been consumed by fires, 26 percent more than had burned during the same time period in 2021. In addition to the fires, drought has been intensifying.  One of the most serious cases is that of the Guató people of Baía dos Guató, Brazil, who have lost almost 90 percent of their territory to fire. "The fires destroyed crops, burned houses. The fire destroyed a large part of our territory, destroying many trees, animals, birds, damaging our animals and plants and our food security, because it destroyed our crops," said one of its members. "Everything is coming to an end." Fires in the Pantanal have caused the loss of forests and biodiversity, aggravating the climate crisis. They also impact the health and livelihoods of nearby communities by destroying their homes and territories, making them more susceptible to health problems, especially respiratory problems. Fires have resulted in the loss of seeds and the death of animals. The drought especially impacts communities that depend on fishing for food and income (about 70 percent of Pantanal villagers depend on fishing as their main livelihood). Women engaged in artisanal bait collection for sport fishing have been particularly affected. The traditional communities in the region have also been severely impacted, as the fire has reached all of their territories, destroying almost half of them. This has repercussions on the development of their cultural practices, as for many Pantanal communities the connection with the land plays an essential role. They obtain from nature the plants for their traditional medicines and raw materials to build their houses, utensils and handicrafts. For the Yshir, for example, the destruction of the Pantanal threatens their belief system and cosmology (where the forest, rivers and wildlife are central), preventing them from maintaining their traditional ceremonies based on these beliefs. An Emergency Call The Interamerican Association for Environmental Defense (AIDA) and Ecologia e Ação (ECOA) prepared an urgent alert for United Nations Human Rights Rapporteurs to report on the critical situation of the Pantanal and request that they issue recommendations to the three countries where the wetland is located in order to prevent the recurrence of fires, ensure the restoration of ecosystems and guarantee the rights of local populations. We also ask them to visit the site to learn about its situation first hand and to give their recommendations a greater force and sense of urgency. The biological wealth of the Pantanal is incalculable. The site provides several ecosystem services: flood flow regulation, climate regulation, soil fertility control, biological control, biodiversity maintenance and is a source of water, food and raw materials for the population. The environmental and social importance of the Pantanal requires urgent, coordinated, transboundary and effective actions to ensure its restoration and protection. It is time to join forces and take care of the enormous natural and cultural wealth of this biome that is so important for life.  

Brazilian court reaffirms the power of litigation to strengthen climate action

In July, Brazil's high court ruled that the government has a constitutional duty to allocate the necessary economic resources to support the operation of its Climate Fund, a tool created to combat the climate crisis, which has been paralyzed in recent years. With this ruling, the Supreme Federal Court resolved the first climate litigation in its history and set an important precedent for Brazil and the world. The decision equates the Paris Agreement—which seeks to strengthen the global response to the climate emergency—with a human rights treaty, granting it a higher status than ordinary laws and other inferior norms such as Executive Branch decrees. This may give way for courts and judges in other Latin American countries to make the same recognition. "The Supreme Federal Court created a privileged framework of protection for climate change mitigation and adaptation, one that ensures one of the fundamental pillars of climate action: financing," explains Marcella Ribeiro, an AIDA attorney. "Furthermore, it made clear that the Executive Branch, by restricting resources that by law are destined for climate action, is failing to comply with international agreements and conventions on human rights to which Brazil is a party." The Brazilian Socialist Party, the Socialism and Liberty Party, the Workers’ Party and the Sustainability Network Party filed the lawsuit over the Brazilian government’s failure to provide resources to the Climate Fund in 2020, with support from the Climate Observatory and the Alana Institute. Litigation as a strategic tool The case of the Climate Fund in Brazil demonstrates that strategic climate litigation is an effective and necessary way to help the continent's governments and companies meet their climate commitments. In its most recent report, the Intergovernmental Panel on Climate Change (IPCC) highlighted that climate-related litigation is on the rise and, in some cases, has influenced the results and ambition of climate governance, understood as the way in which different actors—state, civil society, academia and the private sector—define, implement and monitor actions aimed at addressing the causes and consequences of climate change. "In the global south, Brazil is one of the countries where climate litigation is developing most strongly," highlights Javier Dávalos, AIDA senior attorney. "The country is characterized by a growing ecosystem of litigants and organizations that are taking the climate fight to court." Brazil's push for climate litigation in the region is critical because the country is home to 65 percent of the Amazon, a key ecosystem for global climate regulation and one that is at serious risk. Brazil emits the most carbon dioxide of any Latin American nation, with deforestation representing the largest source of these emissions. In this sense, it is fundamental that one of the judges who heard the Climate Fund case explicitly pointed out the large increase in deforestation in the Amazon in 2021— the highest in 15 years: more than 22 percent, and a total area of 13,235km². It is therefore essential to demand in court that the Brazilian state fulfill its obligations to protect the Amazon and the global climate. The importance of financing solutions Transitioning to a zero carbon economy and avoiding the worst physical impacts of climate change requires investing nearly $125 billion USD by 2050, according to the Net Zero Financing Roadmaps study commissioned by the United Nations High Level Champions. These resources must come from two complementary sources, private and public financing. Government financing of climate action represents a relevant public policy and thus must conform to a country's laws. In its ruling, the Brazilian Supreme Federal Court recognized the Climate Fund as the main federal instrument for financing climate action and meeting national greenhouse gas emission reduction targets. It also noted that the government kept the fund paralyzed for two years. Considering that the resources intended to fight the climate crisis seek to materialize fundamental human rights, the court concluded that the government couldn’t restrict them. "Guaranteeing the allocation of resources for climate action means setting a clear limit from which we cannot retreat," Ribeiro said. "Despite the clear violation of the Brazilian state's duties regarding the right to a healthy environment, reflected in the dismantling of environmental norms and institutions, the Brazilian Supreme Court's ruling put a brake on the erosion of the legal protection of the environment and climate in the country." Learn about this and other cases on AIDA’s Plataforma de Litigio Climático para América Latina y el Caribe.  

What you should know about the trinational alert to save the Pantanal from wildfires

In recent years, fires have seriously damaged and endangered the largest freshwater wetland in the world, the Pantanal, which sits at the shared border of Brazil, Bolivia and Paraguay. Given the urgency of the situation, civil society organizations alerted the Secretariat of the Ramsar Convention, the intergovernmental treaty for the protection of wetlands, about the damages to the Pantanal and requested its support in the search for solutions. In the current context of climate crisis, the protection of key ecosystems like wetlands and the curbing of large carbon dioxide emissions caused by forest fires is an urgent task. Here's what you need to know about the crisis facing the Pantanal wetlands and recent efforts to bring about their recovery through transboundary cooperation.   An epicenter of biodiversity at risk In its nearly 20 million hectares, the Pantanal is home to species of at least 3,500 plants, 600 birds, 150 mammals, 175 reptiles, 40 amphibians and 300 freshwater fish. Some of these species are endangered in other regions. It is home to the highest concentration of jaguars and caimans in the Americas. The destructive force of fire In 2019 and 2020, the Pantanal burned at an unprecedented rate. In 2020, fires devastated 4 million 300 thousand hectares of the Pantanal region, the highest number recorded since 1998. That same year, 100 percent of Brazil's Pantanal Matogrossense National Park burned. Fires there have become a transboundary problem. Aggravating the global climate crisis In addition to the loss of forests, the death of animals and the direct impact on the health and livelihoods of local communities, fires in the Pantanal aggravate the climate crisis. A study published by the Brazilian Academy of Sciences estimates that the 2020 fires in the Pantanal region of that country released around 115 million tons of carbon dioxide into the atmosphere, more than 20 percent of the carbon dioxide emissions generated in Colombia during that same year. International alert for urgent measures On February 2, World Wetlands Day, AIDA—together with the Center for Biological Diversity and Ecologia e Ação (ECOA)—requested the Ramsar Convention Secretariat to send an advisory mission to six Pantanal wetlands located in Bolivia, Brazil and Paraguay. The organizations also requested that the sites, considered internationally important under the treaty, be inscribed on the Montreux Record, the global list of wetlands at serious risk. They urged the three governments to implement measures to preserve the Pantanal as a transboundary ecosystem. Specialized support for rescue "The advisory mission consists of a visit by international experts who would provide highly specialized recommendations to Brazil, Bolivia and Paraguay to overcome the conditions that generate risk for the conservation and wise use of the Pantanal, as well as to develop innovative management and protection measures," explained AIDA attorney Claudia Velarde. The inscription of the sites on the Montreux Record implies financial assistance, as well as support and technical advice, for the recovery of the Pantanal in the three countries. In July 2021, in the Brazilian state of Mato Grosso alone, the burned area of the Pantanal was five times larger than that of São Paulo. With appropriate and timely actions, it may be possible to prevent the degradation of the ecosystem from recurring in June and July of this year, when forest fires season begins. The alert represents an important opportunity for the countries that share the Pantanal to manage its ecological wealth in a collaborative and sustainable manner, joining efforts for its preservation.