Project
Liliana Ávila /AIDAMayan women’s struggle before the Inter-American Development Bank in Guatemala
Mayan communities succeeded in getting the IDB Invest to develop a responsible exit plan after withdrawing its financing for two hydroelectric projects that negatively impacted ecosystems and the livelihoods of indigenous peoples, especially women, in the micro-region of Yichk'isis (Ixquisis).
In the struggle to defend their water, territory and way of life, indigenous Mayan communities in the Yichk'isis (Ixquisis) micro-region of northern Guatemala convinced the Inter-American Development Bank Group to withdraw its financing of two hydroelectric dams whose implementation violated their rights. The decision was also significant in that the IDB, for the first time, designed a responsible exit plan.
That historic advance was the result of the complaint that the communities filed in August 2018—with the support of AIDA, the Plurinational Ancestral Government of the Akateko, Chuj, and Q'anjob'al Native Nations, and the International Platform against Impunity. The complaint was filed with the Independent Consultation and Investigation Mechanism (MICI), the IDB Group's accountability office.
In resolving the case in September 2021, the MICI concluded that IDB Invest failed to comply with its own operational policies and safeguards, in the framework of the financing granted to the company Energía y Renovación S.A. for the implementation of the San Mateo and San Andrés hydroelectric projects.
Learn more about this achievement
In the mountains of Northwestern Guatemala, near the border with Mexico, the land is rich and fertile. Several important rivers and many other water sources feed the soil.
The residents of these mountains, many indigenous women of Mayan descent, have long depended on the waters to nourish them, to provide them with fish, as well as for agriculture, sanitation, and cooking.
But the construction of the San Mateo and San Andres dams has caused water scarcity and the contamination of rivers and other natural resources long cherished by the communities.
The near lack of water has also drastically reduced harvests, lessening the income gained from selling corn, wheat, beans, coffee, sugar cane and other products in the market. As a result, the conditions of poverty in the area have deepened.
And the risk situation is profound, particularly for women, who have played a very important role in the defense of water and territory threatened by hydroelectric projects, and are therefore victims of intimidation and stigmatization.
As guardians of their land and water, they have come to its defense and they’ll continue to prevent environmental deterioration from further harming their families.
Read our fact sheet on the case
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Brazil authorizes operation of the Belo Monte Dam, disregarding the rights of affected communities
The environmental authority granted the project’s operating license, ignoring evidence of noncompliance with conditions necessary to guarantee the life, health and integrity of indigenous and other affected populations. Altamira, Brazil. The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) today authorized the Belo Monte Dam’s operating license, which allows the dam’s reservoirs to be filled. The authorization was granted despite clear noncompliance with conditions necessary to guarantee the life, health and integrity of affected communities; the same conditions that IBAMA called essential in its technical report of September 22. IBAMA’s decision makes no reference to conditions needed to protect affected indigenous peoples. “We can’t believe it,” said Antonia Melo, leader of Movimiento Xingú Vivo para Siempre, who was displaced by the dam’s construction. “This is a crime. Granting the license for this monster was an irresponsible decision on the part of the government and IBAMA. The president of IBAMA was in Altamira on November 5 and received a large variety of complaints. Everyone – riverside residents, indigenous representatives, fishermen, and members of the movement – talked about the negative impacts we’re living with. And now they grant the license with more conditions, which will only continue to be violated.” In an official letter to IBAMA on November 12, the president of the National Indian Foundation (FUNAI) concluded that conditions necessary for the protection of affected indigenous communities had clearly not been met. However, he gave free reign for the environmental authority to grant the operating license “if deemed appropriate.” “The authorization clearly violates Brazil’s international human rights commitments, especially with respect to the indigenous communities of the Xingú River basin. Those affected populations are protected by precautionary measures granted in 2011 by the Inter-American Commission on Human Rights, which the Brazilian government continues to ignore,” said María José Veramendi, attorney with the Interamerican Association for Environmental Defense (AIDA). The license allows for the filling of two of the dam’s reservoirs on the Xingú River, an Amazon tributary. It is valid for six years and is subject to compliance with certain conditions; progress will be monitored through semiannual reports. Such conditions should have been met before the dam’s license was even considered, let alone granted. “Environmental licensing is a way to mitigate the effects, control damage and minimize the risks that the dam’s operation entails for the community and the environment. By disrespecting and making flexible the licensing procedures, the government is allowing economic interests to prevail and ignoring its duty to protect the public interest,” said Raphaela Lopes, attorney with Justiça Global. AIDA, Justiça Global, and the Para Society of Defense of Human Rights have argued on both national and international levels that the conditions needed for Belo Monte to obtain permission to operate have not been met. The project must still guarantee affected and displaced populations access to essential services such as clean water, sanitation, health services and other basic human rights. “The authorization of Belo Monte, a project involved in widespread corruption scandals, contradicts President Rousseff’s recent statement before the United Nations, in which she declared that Brazil would not tolerate corruption, and would instead aspire to be a country where leaders behave in strict accordance with their duties. We hope that the Brazilian government comes to its senses, and begins to align its actions with its words,” said Astrid Puentes Riaño, co-director of AIDA. The green light for Belo Monte couldn’t have come at a worse moment. On November 5th, two dams impounding mine waste—owned by Samarco, a company jointly overseen by Vale and BHP Billiton—broke in the city of Mariana, Minas Gerais, causing one of the greatest environmental disasters in the country’s history. A slow-moving flood of mud and toxic chemicals wiped out a village, left 11 dead and 12 missing, and affected the water supply of the entire region, destroying flora and fauna for hundreds of miles around. The toxic flood has since reached the sea. The company’s operating licenses had expired two years ago. Approval of Belo Monte’s operating license comes just six days before the start of the Paris climate talks, the most important meeting of the United Nations Framework Convention on Climate Change in recent history. Once in operation, Belo Monte will emit greenhouse gases including carbon dioxide and methane; as the world’s third-largest dam, it will become a significant contributor to climate change. By authorizing Belo Monte, the government of Brazil is sending a terrible message to the world. Ignoring its international commitments to protect human rights and mitigate the effects of climate change, the government is instead providing an example of how energy should not be produced in the 21st Century.
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For the life and health of my children: We MUST include Human Rights in the New Climate Accord
By Astrid Puentes Riaño (@astridpuentes) Originally published by IntLawGrrls We humans have caused climate change, a real threat to humanity thus it requires human solutions. We also have lost precious time on eternal discussions about the existence of climate change, despite imminent evidence. Our efforts to deliver solutions must be inclusive and ambitious if they are to ensure that the lives and livelihoods of all people are protected. If and how to include human rights protections in new climate accord was one of the primary issues discussed during October’s Bonn Climate Conference. These protections were notably left out of the no-text presented by the co-chairs, and then added back in at the insistence of several countries, many from the Global South, and hundreds of civil society organizations. I could write a long list of legal, political, ethical, and economic arguments as to why human rights must be included in the Paris Agreement. In my opinion, however, they can all be distilled into two primary and powerful arguments: my children! At 4 and nearly 2 years old, they are already experiencing the realities of a changing climate. Some days, for example, they cannot go to the park because of increased air and climate pollution levels in Mexico City, be it black carbon or ozone, or both. Unfortunately, the worst is yet to come, as hurricanes, droughts, floods, glacier loss, and fires are all increasing. Now the question for my kids is not whether they will suffer from climate change, but to what extent. Some may say I’m exaggerating, and that my kids aren’t among the most affected. They’re right. Many others are suffering, and will continue to suffer, far worse consequences, such as: the Kunas in Panama, who are loosing their land due to sea-level rise; the 62 million people living on 52 small island states, including Tuvalu and Barbados; the 70 million people in the Andes, all of whom depend on water from glaciers and paramos, which are expected to dissapear within a few decades. Despite the evident urgency, official responses have been shamefully slow. The United Nations recently announced that current national commitments aren’t enough to prevent world temperatures from surpassing 2oC by 2100, when my children will be 89 and 87 years old. How, then, can we speed up agreements, increase ambition, and close the gap between what is needed and what is promised by States? Human Rights are an important part of this answer. If implemented, they can help to: Recognize the realities of climate change and its impact on the enjoyment of human rights of all peoples, particularly those in vulnerable situations. Remind States of their existing obligations to protect and respect human rights, obligations which are fundamentally shared by corporations and other international entities. Incorporating human rights in the climate change agreement will not create new obligations; it will instead allow us to be consistent and comply with preexisting commitments. Avoid increased threats to world stability that have been linked to climate change due to impacts such as: local resource competition, livelihood insecurity, migration, extreme weather events and disasters, volatile food prices, transboundary water management, sea-level rise, coastal degradation, and the unintended effects of climate policies. Spur effective solutions, such as the rethinking of energy. These kinds of solutions haven’t yet been achieved due to a lack of ambition and political will. For my son and daughter, and the millions of children of the world, we must accept that climate change is a human rights issue. For the health of future generations, and that of those already suffering from its impacts, we must do all we can to create effective solutions. The new climate accord, which will be signed in Paris this December, must include human rights protections in its Preamble, as well as in its operative text. Only then, with an overarching respect for the rights of all people, can begin to see the results we need in the fight against climate change. We must take the climate crisis seriously. If not, we will be trapped in short-sighted negotiations that won’t provide my children the hope of a dignified and healthy life. They will be left inside, unable to play in the park, to enjoy the world beyond our doorstep. And those in more vulnerable situations may be left with nowhere at all to find the shelter they seek.
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How can we save coral reefs?
By Haydée Rodríguez When I tell people I live in Costa Rica, they imagine my home on the beach, facing the ocean, waves rolling in from the endless horizon. In reality, I live in a city like any other, one hour from the Pacific coast and three from the Caribbean. Although my life hasn’t exactly been a tropical vision of paradise, I’ve been in love with the ocean since I was a girl. That love has only deepened the more I came to understand the mysteries of the sea, the services it provides and the marvelous creatures that call it home. Of all the species that live in the sea, corals are among my favorites. Thanks to my career at AIDA, I have been able to both learn a lot about these tiny animals, and work to identify effective ways to protect them. Many people don’t know about the incredible connection we have with corals. It’s a connection that exists even for those of us who don’t have the privilege of living by the sea. What are corals and what do they do for us? Although at first glance they look like large rocks, corals are actually living organisms with an exoskeleton. They have a mutualistic relationship with photosynthetic algae called zooxanthellae, which are responsible for their brilliant coloring. The algae use sunlight to produce food and some of the nutrients that the corals need to survive. In exchange, the corals provide the algae with a protected environment. A group of corals forms a reef, a highly biodiverse ecosystem, widely known as the jungle of the sea. Coral reefs provide many benefits to humanity: Reefs are spawning grounds for many varieties of fish—the fish you eat are linked, in one way or another, with a coral reef. Reefs are natural shock absorbers that protect coastal communities from storms and hurricanes. Reefs are tourist destinations that generate important national income: one square kilometer of coral reef provides services valued at up to $600,000 a year, according to the United Nations. The bad news is that these benefits could be lost if we don’t act now to preserve coral reefs. It’s estimated that 60 percent of the world’s coral reefs could disappear by 2030. That would mean that our children may enjoy them for only a brief time, and our grandchildren may know them only from photographs in their science and history books. What are the threats and how can we help fight them? Unsustainable fishing methods, such as trawling, which destroys any coral in its path. Before eating or buying seafood, it’s worth asking how it was fished. Becoming responsible consumers is our right and our obligation. We must demand in restaurants and grocery stores products that have been taken from the sea without harming corals or other species of importance. Inadequate tourism practices harm coral reefs. When exploring the wondrous corals reefs, snorkelers and divers must avoid touching or stepping on them at all costs. We must remember that corals are living creatures, which our weight and the equipment we carry into the sea can harm. When we buy souvenirs like necklaces and crafts, we should reject products that use or incorporate corals. We do not need corals to decorate our homes or bodies, but the ocean needs them to maintain its equilibrium. A recent study found that, when they come into contact with the ocean, sunscreens that contain oxybenzone (a chemical compound) could, even in low concentrations, damage the DNA of corals, deforming them and eventually causing death. We must avoid using this type of product, and instead use safe sunscreens and clothing to protect us from the sun. Here is a list of sunscreens that are safe for corals. The fertilizers used on crops leech into rivers and eventually reach the ocean, severely harming corals by increasing the production of algae, which in large quantities block the sun and prevent corals from receiving nutrients. We must opt for fruits and vegetables grown organically and demand responsible agriculture. Improving legal protection of coral reefs Another important way of saving coral reefs is by seeking change in our countries. We must urge our governments to improve the laws protecting these sensitive creatures. At AIDA, we have recently published A Guide to International Regulatory Best Practices for Coral Reef Protection. The document contains ideas to strengthen laws and promote the conservation of coral reefs around the world. I invite you to share the guide with decision-makers in your country. Or if you prefer, send me ([email protected]) the contact information of people who may be interested in implementing the recommendations contained within, and I will send them the guide directly. Corals play a more important role in our lives than many of us understand, and their future is in our hands. We must save coral reefs to ensure that our children and our grandchildren can enjoy the many benefits of these wondrous creatures.
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