Brazil

January 28 2019 Mining, Toxic Pollution

Mine tailings dams: a history of failures

Once again, tragedy looms over Brazil. Last Friday, for the second time in less than four years, a tailings dam broke in the State of Minas Gerais—this time in the municipality of Brumadinho—leaving catastrophic human and environmental damage in its wake. Once again, the losses are incalculable. We’re faced with disappearances and death. We see the same, disconcerting images: survivors evacuated by helicopter; trees, animals, and homes covered in toxic sludge; a swollen river carrying mining waste downstream. Once again, nature and society have been damaged, torn apart. As if in an endless loop, the tragedy has repeated in Minas Gerais. Five similar incidents, at least of which there is evidence, occurred in 1986, 2001, 2007, 2014, and 2015. The tragedy in November 2015 in the city of Mariana is considered the worst environmental disaster in the history of Brazil. It destroyed the town of Bento Rodrigues and contaminated the Doce River basin, carrying toxic sludge all the way to the Atlantic Ocean. A tragic cycle Far from isolated events, the failures of mine tailings dams have become a common occurrence, and statistics suggest we can expect many more in the future. Like any infrastructure work, a dam has a certain useful life—a period of operation with a firm beginning and end. That period is based on the dam having adequate design, execution, and maintenance, something that often does not occur. Thanks to the World Information Service on Energy’s Uranium Project, we know that over the last 30 years there have been 73 accidents or incidents involving mine tailings dams worldwide. The United States (17), China (8) and the Philippines (7) lead the list of affected countries. The project’s database offers an account of the main accidents and indicators including breakdowns, overshoots, collapses, partial failures, and lining ruptures. These figures should lead us to reflect on large-scale mining, particularly metal mining, which requires these types of dams and impoundments. Instead of continuing to build mines, wouldn’t it be better to concentrate our efforts on recovering and reusing the metal we discard? When will we transition to a circular economy that avoids such catastrophes? How many more disasters can our ecosystems and our human populations endure? Quite often, affected communities do not have objective or sufficient information about the benefits and harms of the mining projects proposed near their homes. Breaking that information gap is urgent. At AIDA we contribute to this task by providing useful information about the potential harms of mining, and using it to strengthen legal actions undertaken to protect people and the environment. It’s urgent that the governmental, non-governmental and private sectors do whatever is necessary to avoid more tragedies like those we’ve seen in Brazil. They must make a conscious decision to put the value of people and nature above profit. For more information, consult the database of major tailings dam failures: http://www.wise-uranium.org/mdaf.html 73 tailings dams have failed over the last 30 years, wreaking havoc on the environment and affected communities: https://t.co/G6xZibNIAk How many more avoidable disasters can we endure? #MinasGerais #BrumadinhoSOS #ValeAssassina #mining pic.twitter.com/ceuNTUUpkL — AIDA Americas (@AIDAorg) January 28, 2019

November 13 2018 Large Dams, Indigenous Rights

Inter-American Commission urges Brazil to address damages to indigenous peoples caused by Belo Monte Dam

Following its visit to Brazil, the Inter-American Commission on Human Rights called the attention of authorities and civil society to the urgent need to address repeated violations of the rights of indigenous communities. The Commission highlighted the case of the Mïratu de Paquiçamba community, which has been affected by the construction of the Belo Monte Dam. Rio de Janiero, Brazil. Concluding its visit to the country, the Inter-American Commission on Human Rights (IACHR) urged Brazilian authorities and society in general to recognize, address, and quickly resolve repeated violations of the human rights of indigenous communities. The Commission emphasized the case of the Mïratu indigenous community, affected by the environmental damages caused by the construction of the Belo Monte Dam. In Brazil, indigenous communities “suffer from frequent incidents of violence and lack of attention from public services, in addition to increased difficulties and obstacles surrounding claims to their lands,” said Commissioner Antonia Urrejola Noguera, IACHR Rapporteur for Brazil, while presenting the Commission’s preliminary conclusions. “Brazil has been one of the largest violators of the human rights of indigenous communities. In their meeting with the Commission, the Brazilian Indigenous Communities Organization (APIB) presented these cases and expressed its concern over the current political landscape, in which a discourse of hatred and racism has been growing, even among government institutions,” said Luiz Eloy Terena, APIB’s legal advisor. On November 7, the Commission’s delegation visited Mïratu Village, located in the Paquiçamba indigenous region in the state of Pará. Mïratu is one of the indigenous communities affected by the Belo Monte Dam. It was the first time the Commission visited that area. There, the Commission heard testimonies from indigenous people and fishermen, who are fighting to maintain their traditional way of life despite damages including: the death of thousands of fish; the pollution of the Xingú river; forced displacement from their lands without adequate relocation; and the development of culturally inappropriate projects. Village leaders reported that those damages have disproportionately affected women and children. The Commission also heard from representatives of Altamira, the city nearest the dam. “We’d like to highlight the importance of the Commission’s historic visit to Mïratu Village, and recognize the negative impacts that the Belo Monte Dam has had on the human rights of the people of the Xingu River basin,” said Astrid Puentes Riaño, co-director of the Interamerican Association for Environmental Defense (AIDA). “It is now up to the government of Brazil to adopt the decisions and recommendations of the Commission, complying with the rule of law and protecting the people of their country.” During the visit, those affected by the dam were especially concerned over next year’s scheduled implementation of a plan to manage the flow of the Xingú River. Known as a consensus hydrogram, it would divert the water that indigenous and riverine communities, as well as plants and animals, rely on to survive. “The commissioners had the opportunity to confirm the severity of the impacts and the understand the urgent need to revise the criteria used to define the residual flow that the Xingu must maintain in order to guarantee the subsistence and culture of indigenous and riverine communities in the Vuelta Grande region,” said Bivany Rojas from the Socio-environmental Institute (ISA). In 2011, communities along the Xingu—represented by AIDA, the Paranese Society for the Defense of Human Rights (SDDH), and Justiça Global—filed a complaint against Brazil, bringing the case in front of the Commission. That same year, the Commission granted precautionary measures to affected indigenous communities. The case formally began in December 2015, and participating organizations presented final arguments in May of this year. Based on those and the arguments put forward by the the Brazilian State, the Commission will publish a report concluding whether human rights violations occurred from the construction of the Belo Monte Dam. They may then decide to issue recommendations for Brazil to remedy those damages. Demonstrating progress and a respect for the rights of indigenous communities—in cases like the Xucuru, the Xingu, and Guyraroka peoples—represents an important opportunity to strengthen rule of law and embrace progress in Brazil. press contacts: Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Isabel Harari (Brazil), ISA, [email protected], +5561998261213

September 20 2018 Large Dams, Indigenous Rights, Freshwater Sources

In Xingu management plan, Brazil leaves communities without water

The proposed Xingu River management plan puts at risk the people, plants and animals of the Amazon region. AIDA requested that the Inter-American Commission on Human Rights urge Brazil to stop the plan and establish a socially and environmentally appropriate alternative. Washington, D.C. and Altamira, Brazil. By authorizing the construction of the Belo Monte Dam in the heart of the Amazon, the Brazilian government endorsed a management plan for the flow of the Xingu River that would leave the indigenous and riverine communities of the area without the water they need to survive. The plan is in a testing phase but is expected to be implemented next year, once all the turbines of the hydroelectric plant are installed. The Interamerican Association of Environment Defense (AIDA) sent a report to the Inter-American Commission on Human Rights detailing the serious socio-environmental risks of the plan. In it, we requested that the Commission urge Brazil to stop the plan’s implementation and create an alternative plan that guarantees biodiversity and protects the communities’ ways of life. “The authorized plan for the management of the river’s flow threatens the existence of indigenous and riverine communities, and places at risk of extinction the fish and the forests—natural resources on which the physical and cultural lives of the communities depend,” said Liliana Ávila, Senior AIDA Attorney. The plan, called a consensual hydrogram, establishes the volume of water that will pass through a specific part of the river, called the Vuelta Grande, and the part that will be diverted for energy production. It is intended to artificially reproduce the natural flow of the river in times of flood and drought. Norte Energía, the consortium in charge of the dam, proposes an average minimum flow rate of 4,000 cubic meters per second over the course of a year, and 8,000 cubic meters per second for the following year, beginning in 2019. It proposes a minimum flow rate of 700 cubic meters per second for the dry season. The report sent to the Commission, however, details scientific and social evidence that demonstrates that these water levels are significantly lower than the historical river flow and do not guarantee that fish and alluvial forests can survive the proposed reduction in the short- and medium-term. The evidence—which includes information from both the Brazilian Institute of the Environment and Renewable Natural Resources and community monitoring—also shows that some aquatic species, such as chelonians, can only feed and reproduce with minimum flows of 13,000 cubic meters per second in times of flooding, and that the volume proposed for the dry season could make the river unnavigable. “The management plan did not take into account the monitoring done by the Juruna people in collaboration with the Federal University of the State of Pará and the Socio-environmental Institute (ISA),” said AIDA attorney Marcella Ribeiro. “In 2016, with water levels higher than those proposed, communities were already reporting the mass die-off of fish.” AIDA sent the report to the Commission as part of a formal complaint against the Brazilian State for the human rights violations caused by the dam’s construction. In May, together with partner organizations, we presented our final arguments in the case, evidencing damages already caused, including the forced displacement of indigenous and riverine communities, the massive death of fish, differentiated damages to men and women, and threats to the survival of the communities. Find more information on the case here. press contacts Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Isabel Harari (Brazil), ISA, [email protected], +5561998261213

July 12 2018 Human Rights, Indigenous Rights, Large Dams

Why Brazil must respond for Belo Monte's human rights violations

We did it! We’re proud to say we recently submitted the final arguments in our case against Brazil before the Inter-American Commission on Human Rights. In them, we demonstrate the damages Belo Monte has caused to indigenous and traditional communities, and residents of Altamira, the city closest to the dam. We’re working for them—to bring the government of Brazil to justice. “Human rights violations are a daily occurrence for those of us affected by the dam,” explained Antônia Melo, coordinator of the Movimento Xingu Vivo para Sempre, a citizens’ collective formed in the face of the dam’s implementation. “It’s urgent that our petition before the Commission advance to sanction the government and guarantee our rights.” We argue that the damages to local communities resulted from a severe lack of foresight and inadequate evaluation, as well as from failure to comply with the conditions for operation established by the government. The many risks denounced prior to the dam’s construction have since become long-term damages—many of which have affected men and women, and youth and the elderly, in different ways. Our report documents the displacement of indigenous and traditional communities forced to leave their territories without adequate alternatives, placing their cultural survival at risk. Among the affected populations are communities dedicated to fishing, who have not yet been compensated for the loss of livelihood. The dam has caused mass die-offs of fish and, although authorities have imposed millions in fines, the report demonstrates that the underlying problem has not been resolved. Local communities now have limited use of the Xingu River as a source of food, sustenance, transportation and entertainment. We have also noted—among other serious harms—the disappearance of traditional trades, such as brickmakers and cart drivers, and of traditional cultural practices. Women, for example, have stopped giving birth in their homes and must now go to a hospital, a reality that has drastically worsened due to the oversaturation of health and education services in Altamira caused by the recent population surge. Our case is now in the hands of the Commission. They will prepare their own report, concluding whether or not human rights violations occurred as a result of the Belo Monte Dam. If violations did occur, they may issue recommendations for remediation. If Brazil fails to respond, the case may be referred to the Inter-American Court on Human Rights, which has the power to issue a ruling condemning Brazil. The completion of this report brings us—and, more importantly, the communities we represent—one big step closer to achieving justice for the many wrongs committed in the name of the Belo Monte Dam, and energy development in the Amazon.

May 02 2018 Human Rights, Indigenous Rights, Large Dams

Brazil must respond to human rights violations caused by the Belo Monte Dam

In representation of communities affected by the Belo Monte Dam, we have submitted final arguments in the case against Brazil before the Inter-American Commission on Human Rights. The report presents scientific evidence of the forced displacement of indigenous and traditional communities, the mass die-off of fish, differentiated harms to men and women, and threats to the survival of local communities in the Brazilian Amazon. Washington, DC, United States and Altamira, Brazil. Furthering the formal complaint against the State of Brazil for human rights violations caused by the construction of the Belo Monte Dam, organizations representing affected communities presented their final arguments before the Inter-American Commission on Human Rights. They demonstrate the damages Belo Monte has caused to indigenous and traditional communities, and residents of Altamira, the city closest to the dam. “Human rights violations are a daily occurence for those affected by the dam, so it’s urgent that our petition before the Commission advance to sanction the government and guarantee our rights,” proclaimed Antônia Melo, coordinator of the Movimiento Xingu Vivo para Siempre, a citizens’ collective formed in the face of the dam’s implementation. The report presented before the Commission shows that the damages resulted from a severe lack of foresight and inadequate evaluation, as well as from failure to comply with the conditions for operation established by the government. The many risks denounced prior to the dam’s construction have since become long-term damages—many of which have affected men and women, and youth and the elderly, in different ways. “This report is a vital step forward for the people of the Xingu River basin, who are now closer than ever to achieving justice, forcing Brazil to respond to the violations committed, and ensuring that what happened on the Xingu never happens again,” said Astrid Puentes Riaño, co-director of the Inter-American Association for Environmental Defense (AIDA). Together with the Paraense Society for Human Rights (SDDH) and Justiça Global, AIDA represents the affected communities before the Commission. The report also documents the displacement of indigenous and traditional communities forced to leave their territories without adequate alternatives, placing their cultural survival at risk. Among the affected populations are communities dedicated to fishing, who have not yet been compensated for the loss of livelihood. The dam has caused mass die-offs of fish and, although authorities have imposed millions in fines, the report demonstrates that the underlying problem has not been resolved. Local communities now have limited use of the Xingu River as a source of food, sustenance, transportation and entertainment. The report also documents—among other serious harms—the disappearance of traditional trades, such as brickmakers and cart drivers, and of traditional cultural practices. Women, for example, have stopped giving birth in their homes and must now go to a hospital, a reality that has drastically worsened due to the oversaturation of health and education services in Altamira caused by the recent population surge. The complaint against Brazil was presented before the Commission in 2011, the year the international organism granted protective measures to indigenous people affected by the dam’s construction. The case against Brazil officially opened in December 2015. Then, last October, in a rare move designed to speed up the processing of the case, the Commission decided to unite two stages that, as a rule, are normally processed separately. Under this framework, the organizations and the State are required to present their final arguments, after which the Commission will make a decision. “We hope the Commission refers the case to the Inter-American Court of Human Rights as soon as possible, and that it recommends Brazil adopt the measures necessary to protect the life, integrity, and right to property of the indigenous and traditional communities affected by the dam,” said Raphaela Lopes, attorney at Justiça Global. “After being subject to all forms of rights violations, starting from the very beginning of this project, these communities need integral reparation; their right to free, prior and informed consent was not honored.” The Commission must now prepare a report to conclude whether or not human rights violations occurred as a result of the Belo Monte Dam, in which it may issue recommendations for remediation. If those recommendations are unfulfilled, the case may be referred to the Inter-American Court on Human Rights, which has the power to issue a ruling condemning Brazil. Belo Monte has been in operation since early 2015, though a series of judicial suspensions resulting from non-compliance with its permits means that construction has yet to be completed. Although Belo Monte has caused great harm to the people of the Xingu, Brazil now has an opportunity to avoid inflicting more damage and begin making efforts to better their quality of life. For that to happen, a prompt decision by the Commission is vital. Find more information about the case here. Press contacts: Víctor Quintanilla (México), AIDA, [email protected], +521 5570522107 Raphaela Lopes (Brasil), Justiça Global, [email protected], + 55 21 99592-7017

January 26 2018 Large Dams, Indigenous Rights, Human Rights

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.

El Cacique Raoni, líder indígena brasileño, denuncia las amenazas a los derechos humanos del proyecto Belo Monte

December 21 2017 Large Dams, Indigenous Rights, Human Rights

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.

December 19 2017 Oceans, Freshwater Sources, Human Rights

When nature is your best client

AIDA’s attorneys both hail from and live in Latin America, fostering a profound respect for the region’s natural environment and those who depend so intimately on it. They’re turning their knowledge into action, and working to protect communities and ecosystems vital to their national heritage. Uniting the environmental community in Bolivia Claudia believes in environmental justice. “If people are not guaranteed quality of life and an adequate natural environment, their basic human rights are being violated,” she said. This belief led her first to study law and then to work on behalf of civil society to promote the production of healthy, pesticide-free food. Small-scale agriculture, with less environmental impact and more community benefits, is what Claudia remembers best when she thinks of her childhood in Cochabamba, Bolivia. There were gardens behind every house. From a very young age, she grew berries and always had apples, figs, guava, and other fresh fruit on hand. But with urbanization, the valley where she grew up became a city, and buildings replaced the lush green landscape. “It was a complete shock to see these changes made in the name of progress.” Claudia knows that her contribution to a better world will come from environmental law, and that she will have a greater impact by reaching more people. That’s why she joined AIDA’s Freshwater Program, where she offers free legal support to governments, communities, and local organizations. One of Claudia’s greatest achievements has been to successfully unite isolated efforts across Bolivia to confront common environmental problems. This year Claudia oversaw the formation of the Environmental Justice Network of Bolivia, a space for organizations and individuals to develop joint strategies for environmental protection. As their first big event, the Network organized a two-day forum on how to achieve justice for damages caused by mining operations. “I’ve seen the ways that Bolivia’s indigenous peoples understand the world, and how they relate with Mother Earth. In cities, nature is seen as an object; for the indigenous, it’s the common house we must care for because it provides us with everything we have. I’ve made this vision my own.” Protecting coral reefs in Mexico Camilo’s first interaction with the ocean took place in Boca del Cielo, a remote beach on the coast of Chiapas, Mexico where a stream meets the sea. There, he played in the waves and ate seafood, saw his first sea turtle, and watched the monkeys and birds play in the tall mangroves. During his childhood in San Cristobal de la Casas, his father taught him to swim against the current in the Cascadas de Agua Azul, an important natural reserve. “My father loves nature and has always transmitted that feeling to my brothers and me,” said Camilo, who now lives with his son Emiliano en La Paz, Baja California Sur. Living in a coastal city has given him a newfound appreciation for the ocean and its vital connection to our land. Camilo applies this understanding to his work as an attorney with AIDA’s Marine and Coastal Protection Program. He is working, for example, to save the Veracruz Reef System, the largest coral ecosystem in the Gulf of Mexico, which serves as a natural barrier against storms and hurricanes and is a source of livelihood for fishing communities. The site is seriously threatened by the expansion of the Port of Veracruz. Camilo is working so that the Mexican government respects the international treaties it has signed, which obligate the preservation of the site and the biodiversity found within. Camilo remembers, when he studied law in Chiapas, exploring caves in his free time, to which local farmers guided him. “Being in touch with nature often leads you to small communities who care for and revere their connection with the natural world, values you quickly come to understand and share.” Seeking the rain in Brazil If anyone knows the value of the rain, it’s the people of Paraíba State in northeast Brazil, who have for years been hit by an extreme drought. There, according to official information, the number of cities without water nearly doubled between 2016 and 2017. “The drought has shaped our customs, our eating habits, and our culture,” says Marcella, who was born in the State’s capital city of João Pessoa. Now living in Recife, she is a fellow with AIDA’s Human Rights and the Environment Program. Through her role as an environmental and human rights attorney, Marcella seeks to soften the effects of the drought in Paraíba. The way she sees it, she’s helping to do so through her work on the case of the Belo Monte Dam. “Large dams are dirty energy, and they’re damaging the Amazon rainforest, a key ecosystem that regulates climate and helps ensure it rains not just in Brazil but around the world. By working on this case, I’m fighting for the existence of rain in my State,” she explained. Last June, Marcella paid her first visit to Altamira, the city closest to Belo Monte. She spoke with people whose way of life had been destroyed by the dam. “I met someone who used to fish, grow his own food, and sell what was left in the city; because of the dam, his island was flooded and he lost everything.” For Marcella, there is no better way to understand the severity of the impacts of these inadequately implemented projects than to listen to those affected by them. “It gives me a notion of reality. Helping to get justice for these people is an obligation for me. It’s the best I can do, using the tool I know best: the law.”

July 27 2017 Large Dams, Human Rights, Indigenous Rights

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.

April 10 2017 Large Dams, Indigenous Rights, Human Rights

Belo Monte Dam must comply with conditions before continuing operations

Last week a federal court in Brazil suspended the operating license of the Belo Monte Dam. Prosecutors said the dam's operating company, Norte Energía, failed to complete basic sanitation works in the city of Altamira, which has been directly affected by the hydroelectric project. The decision comes in response to a legal appeal filed by the Federal Public Ministry. The sanitation work was a condition for the dam's licensing, authorized by the Brazilian Institute of Environmental Resources (IBAMA), and should have been completed before the reservoir was filled; it was not. "This is the first time that a federal court has suspended one of Belo Monte's suspensão de segurança, a legal tool that guarantees the dam's operation even though it hasn't completed the conditions required under its operating license. In practice, the decision means that the dam must immediately halt all operations, although the completion of pending work may continue," explained AIDA attorney Marcella Ribeiro. "Beyond being an issue of sanitation, this judgment represents an important step forward in the fight to force the operating company to adequately comply with the conditions necessary for the dam's operation, which favor affected communities." "We hope the Brazilian justice system continues to guarantee the protection of the rights of all those affected by the Belo Monte Dam.”