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.
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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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UN Representative on Indigenous Peoples asked to investigate human rights violations caused by Panama’s Barro Blanco dam
Washington, DC, United States. A total of 12 civil society organizations urged the United Nations (UN) Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, to conduct a formal investigation into the human rights impacts of the Barro Blanco dam located on the Tabasará River in Panama. The Panamanian and international organizations also asked Mr. Anaya to call on the government of Panama to immediately halt the dam’s construction until the threats to the rights of the indigenous Ngӓbe people affected by the project have been fully addressed. The Barro Blanco controversy received special attention at the UN climate talks held last week in Bonn, Germany, because the project is registered under the Clean Development Mechanism (CDM), a carbon offsetting scheme established under the Kyoto Protocol. “The Barro Blanco dam will directly affect Ngӓbe people, yet we were not even consulted about the project before it was approved,” said Weni Bagama, an indigenous Ngӓbe leader of the Movimiento 10 de Abril, a community-based movement defending the Tabasará River from development projects. In September 2012, the UN Development Programme (UNDP) conducted a fact-finding mission at the project site and interviewed Ngäbe community members about projected impacts. UNDP’s assessment report confirmed that the dam will flood homes and religious, historical and cultural sites in the Ngӓbe-Buglé territory. The report further documented the project’s impacts, including that the dam will convert the flowing Tabasará River into a stagnant lake ecosystem, affecting the Ngäbe’s diet and means of subsistence. “Despite proof that the dam will have grave impacts on the Ngӓbe way of life and cultural heritage, the construction of the dam continues,” added Ms. Bagama. “We urge Mr. Anaya to investigate the situation and do all he can to protect the rights of the indigenous peoples affected by this project.” “The public forum where the project was discussed was held as a community meeting without a clear notification of its true objective, and there was no representation from the affected indigenous communities,” said Tania Arosemena, Legal Director of the Environmental Advocacy Center, Panama (CIAM by its Spanish initials). “The consultation process did not comply with the minimum standards demanded by national and international law on this matter.” CIAM filed a lawsuit in 2011 on behalf of members of the Ngäbe communities, who challenge the approval of the project’s environmental impact assessment. That suit is pending. Several of the organizations that wrote to Mr. Anaya also raised the Barro Blanco case at the UN climate talks in Bonn last week. “The Barro Blanco project illustrates an urgent need for reform within the CDM,” said Alyssa Johl, senior attorney at the Center for International Environmental Law (CIEL). “Once a project has been registered under the CDM, affected communities have no means to voice their concerns regarding the project’s social and environmental impacts. The UN climate regime must establish a process that allows communities to seek recourse for the harms associated with CDM projects, as well as a process to deregister projects where there are clear violations of CDM rules as in the case of Barro Blanco.” “Given the CDM’s lack of a complaint procedure and the Panamanian government’s failure to protect the Ngäbe’s rights, the communities need Mr. Anaya’s support,” said Abby Rubinson, associate attorney in Earthjustice’s International Program. “We appreciate Mr. Anaya’s past efforts to engage the Panamanian government to respond to the Ngäbe’s concerns, and we ask him to continue to play this much-needed role to prevent further violations.” The Panamanian non-governmental organizations (NGOs) that signed the letter to Mr. Anaya were CIAM, Movimiento 10 de Abril, and Asociación Ambientalista de Chiriquí. CIEL, Earthjustice, Inter-American Association for Environmental Defense (AIDA), International Rivers, Carbon Market Watch, Both ENDS, Collective Voices for Peace, Salva la Selva and Marin Interfaith Task Force on the Americas comprised the international groups that signed the letter to Mr. Anaya.
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Collective Statement to the Colombian government on the collapse of Law 1382
The organizations and persons behind the Statement express our concerns to the Colombian government about the implications of the collapse of the Mining Code in effect since May 11, 2012 (Law 1382, 2010) and the consequent return to the previous Mining Code (Law 685 2001), particularly as concerns the serious consequences to the country’s environment (detailed in the document). To prevent these impacts, we urge you to take the following steps: Present in the shortest time possible a draft of the Mining Code that overcomes the deficiencies of mining regulations and brings the legislation into line with the duties of biodiversity and water protection, while previously guaranteeing that ethnic groups have the right to free, prior and informed consultation. Maintain the moratorium on mining permits until a new Mining Code is submitted and approved. Immediately decree a moratorium on environmental licenses in order to avoid the elimination of environmental protection clauses. Statement available in Spanish only.
Read moreReport on the situation in La Oroya (Peru): When investor protection threatens human rights
The International Federation for Human Rights (FIDH) presented a balance of the controversial case of industrial pollution. Huancayo, Peru – The International Federation for Human Rights (FIDH) released a report on the situation in La Oroya, a city in the central Andean region of Peru that is at the center of a controversial case of industrial pollution caused by a poly-metallic smelter in operation since 1922. For decades, the people of La Oroya have been exposed to high levels of air pollution stemming from the complex’s emissions of toxic substances including lead, cadmium, arsenic and sulfur dioxide. In the middle of the 2000s La Oroya was identified as one of the 10 most polluted cities in the world. According to independent studies, 97% of children between the ages of 6 months and 6 years, and 98% of those between 7 and 12 years old still have high levels of lead in their blood. The percentage reaches 100% in La Oroya Antigua, the area closest to the smelter. The effects of lead poisoning are irreversible. Doe Run Peru, a subsidiary of the U.S.-based Doe Run Company, began operating the complex after its privatization in 1997. Both the company and the Peruvian State have failed to comply with their obligations to prevent environmental impact and respect the human rights of the population of La Oroya. In response, the Interamerican Association for Environmental Defense (AIDA) and other organizations requested the Inter-American Commission on Human Rights (IACHR) in 2005 to issue precautionary measures for people whose health was at serious risk from the pollution in the city. On August 31, 2007 the IACHR ordered the State to adopt measures to protect the health, integrity and life of a group of residents of La Oroya. The precautionary measures require Peru to provide a specialized medical diagnostic to the beneficiaries plus specialized and adequate medical treatment to those who, based on the diagnosis, are in danger of irreparable damage to their physical integrity or lives. Also since 2007, a complaint against Peru has been pending before the IACHR for the violation of human rights due to the toxic emissions from the La Oroya Metallurgical Complex. AIDA, APRODEH, Earthjustice and the Center for Human Rights and Environment (CEDHA) are representing the victims and the beneficiaries of the precautionary measures in the case. “AIDA has been working and monitoring the situation in La Oroya for over a decade. Over this time we have seen the extent of the damage to victims’ health in La Oroya due to the pollution that they have been and continue to be exposed to. The State must assume its obligations and fully comply with the IACHR´s precautionary measures that are in effect”, said Maria Jose Veramendi, an AIDA legal advisor. Meanwhile, parents of children with high levels of lead in their blood have tried to obtain compensation for the damages through a collective action in the United States (Missouri), headquarters of the complex’s parent company The Renco Group. In late 2010, Renco initiated international arbitration alleging its rights as a foreign investor as guaranteed by the Free Trade Agreement between Peru and the United States were violated. Renco asked for compensation of $800 million. “The company not only denied the impacts on the citizens and tried to evade responsibility, but in the face of the protests it pursued a campaign of stigmatization and attacks against those who were trying to defend their rights”, said Souhayr Belhassen, president of the FIDH. This case illustrates the conflict between international human rights law and investor protection. It also exposes the legal strategy of the companies allegedly involved in human rights violations that seek to evade responsibility and deny victims their right to reparation. The FIDH report, entitled Metallurgical Complex of La Oroya: When investor protection threatens human rights, includes a series of recommendations directed at the Peruvian authorities and the company involved. AIDA and APRODEH, as organizations representing the victims of La Oroya before the Inter-American Human Rights System, thank the FIDH and believe that the report is an important contribution to visualize the increasingly serious human rights violations suffered by the residents of La Oroya, who still expect the State to recognize its responsibility and bring justice to their claims. At the same time, the Archdiocese of Huancayo, whose role in defending the right to a healthy environment in La Oroya has been crucial, says the report is a major contribution to its work. See de PDF version of the report.
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