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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Victims of toxic contamination in La Oroya take their voice before the Inter-American Court
There’s no deadline that won’t be met. And so, after a 20-year quest for justice, the habitants of the small Andean city of La Oroya, Peru appeared before the Inter-American Court of Human Rights. On October 12 and 13, the judges of the high international court heard their complaint against the government of Peru for the serious violation of human rights derived from a metal smelter that has contaminated La Oroya for almost 90 years. The city has been documented as one of the most polluted places on the planet. "The contamination from the La Oroya Metallurgical Complex has permeated every component of its inhabitants' environment: the water they drink, the soil they walk on, the air they breathe, the schoolyards and the mountains that frame their living environment," said AIDA's attorney Liliana Avila, as she presenting closing arguments in the case. Brave Testimonies At the hearing in Montevideo, Uruguay, three affected former residents of La Oroya gave their testimony. They are just a few of the more than 80 courageous people who filed the lawsuit—those residents willing to defend their right to live in a healthy environment despite the context of harassment they have faced because of it. "The period in which the metal smelter developed was disastrous. The toxic gases emanating from the complex created a thick mist that turned into a dandruff that coated the faces of the children,” recalled Rosa Amaro, a 74-year-old mother who chaired the Movement for Health in La Oroya, where she lived until 2017. “We tried to survive, but the government was like a father who turned his back to us.” Dressed in warm clothes and a woolen hat, Rosa's face, body and voice bore the indelible marks of the passing years, deteriorating health and the fear that forced her to leave her hometown. "They call us enemies of La Oroya." In tears, Rosa expressed to the court her desire to return home and to see her name cleared of all stigmas. "Our struggle is not for one, it is for an entire population". The case represents many more residents of La Oroya who, for fear of reprisals, are not named in the lawsuit. After testifying, Rosa felt relieved of a heavy burden and with enough strength to continue. The population of La Oroya has breathed multiple toxic substances that, according to scientific evidence, cause serious risks to human health. The contamination with lead and other heavy metals has burst into their respiratory system, traveled through their bloodstream and has been deposited imperceptibly in their vital organs. "I didn’t have a childhood because I spent it locked up in four walls, not because they wouldn’t let me go out, but because of the discomfort, because our throats were itchy,” Maricruz Aliaga, 28, told the court. “When we went to school, my mother protected us [from the ashes] with a hat." The contamination has affected her memory and is the reason why, even today, her body is paralyzed several times a year. “In Huancayo, I could breathe.” As a child, Maricruz’s vacations to the neighboring city made her realize that it was not normal to watch the plants she took to school die after just 15 days. Following a lifetime of hostility due to her family’s activism, she now lives in another city, and the effects on their health were her main motivation to study nursing. The toxic elements from the smelter remain in the bodies of those who lived and grew in La Oroya. Their presence has caused health problems, many of them irreversible, and may generate new illnesses in the future. "The only thing we want, since we are no longer going to enjoy good health—that is already done, my health is already destroyed—is for future generations to enjoy good health," Yolanda Zurita added in her testimony before the court. "That will be our reward, our satisfaction; that is what we are looking for." The road to justice Reaching this point has not been easy. On behalf of the victims, and with the support of the Asociación Pro Derechos Humanos (APRODEH), in 2006 AIDA filed the international complaint against the Peruvian government. Finally, in October 2021—15 years after the process began—the Inter-American Commission on Human Rights (IACHR) established the government's responsibility for right violations and referred the case to the Inter-American Court. Preparation for the hearing began at that time and intensified in the weeks leading up to it. The long hours of work were reflected in the solidity with which we demonstrated that the government is responsible for violating the rights to life, health, personal integrity, children and a healthy environment of the inhabitants of La Oroya. At the hearing we presented four main arguments: The existence of serious environmental contamination, The risk and causal link with the damages derived from that contamination, The government’s knowledge of that situation, and The absence of urgent and effective measures to respond to it. In addition, we called in experts whose testimony amply supported our allegations. Two of them presented their findings at the hearing. "The duty of care does not arise with clinical harm, but with the risk of harm," emphasized Marcos Orellana, UN Special Rapporteur on the human rights implications of exposure to hazardous substances and toxic waste. In addition, Marisol Yañez, a psychosocial expert, demonstrated based on 61 in-depth interviews, four focus groups and psychometric tests the existence of "environmental suffering," aggravated by impunity and stigmatization. After the hearing, there remains the written presentation of the arguments and a potential visit to La Oroya by the judges of the Court. The sentence, which cannot be appealed, is expected within the next six months. The importance of the case goes beyond the Peruvian context and represents a historic opportunity to establish a key precedent for all of Latin America. "This is the first case before this court with the potential to develop in-depth violations of the right to a healthy environment as the result of government action regarding public and private companies,” explained Jorge Meza Flores, deputy executive secretary of the IACHR's Petitions and Cases System. Taking into account what is at stake is undoubtedly fundamental when the national debate around La Oroya has prioritized, even in these days, the possible reactivation of the metal smelter over the protection of the fundamental rights and health of an entire population.
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With La Oroya case, the Inter-American Court may set a key precedent for protecting a healthy environment in Latin America
On October 12 and 13, the international court will hear the case of people affected by toxic pollution in La Oroya, Peru. Beyond reestablishing the rights of the victims, the court’s eventual decision marks an historic opportunity to strengthen the protection of the right to a healthy environment in the region and to encourage States to adequately supervise corporate activities. Montevideo, Uruguay. On October 12 and 13, the Inter-American Court of Human Rights will hear the case of residents from La Oroya, Peru, whose fundamental rights have been violated for decades due to heavy metal contamination from a metal smelting complex. The hearing will take place during the 153rd Session of the Court, to be held October 10-21 in Montevideo, Uruguay. Last October, 15 years after the international lawsuit against the Peruvian State was filed, the Inter-American Commission on Human Rights—in it’s decision on the merits of the case—established the Peruvian government’s international responsibility in the violation of the human rights of the residents of La Oroya, and referred the case to the Inter-American Court. At the hearing next week, as part of the process of drafting their ruling, the judges of the court will hear from witnesses, experts, and victims, as well as from State representatives. As organizations that have legally represented and accompanied the group of victims since the beginning of the case, the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH) will bring to the court strong arguments, supported by legal and scientific evidence, to defend the rights of the affected people. After a decades-long search of justice, the case is important not only for the community of La Oroya, but for all people affected by corporate activities across the continent. In addition, the case is representative of a serious political, social and environmental situation that has not been considered by national, regional and international politics. The current conditions prevent the citizens of La Oroya from having healthy prospects for the future. There exists a real need for justice and mobilization to generate a strong recognition of economic and environmental alternatives for the direct and indirect victims. Liliana Avila, senior attorney at AIDA, explains the context of the case and emphasizes the importance of a favorable and forceful decision by the court: "The La Oroya case before the Inter-American Court puts an end to more than 20 years of waiting in the search for justice and reparations for those whose lives were drastically changed by historic exposure to toxic contamination. It is a milestone for the Inter-American Human Rights System because it will be one of the first cases to centrally address the indivisible relationship between a healthy environment and other fundamental human rights such as life, health and personal integrity. It constitutes a unique opportunity to set a regional and global precedent for the protection of the right to a healthy environment and compliance with the obligations of States to adequately supervise corporate activities, as well as to guarantee the special protection of children, girls, women, the elderly and other vulnerable groups.” Gloria Cano Legua, executive director of APRODEH, refers to the urgency of a decision that grants justice and reparation to the people of La Oroya: "The victims have had to see how the State, through various governments, has disregarded its obligations, while their health problems have worsened. The indifference and sometimes hostility with which they have been treated has offended their dignity". PReSS CONTACTS: Víctor Quintanilla (AIDA), [email protected], +525570522107 Gloria Cano Legue (APRODEH), [email protected], +51 964 809 193 Christian Huaylinos Camacuari (APRODEH), [email protected], +51 959 789 232
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Presentes: Here and now for climate justice
Hope, too, needs a space when we talk about the climate crisis. While it’s true that humanity is facing our greatest collective challenge, it’s also true that there are people, communities, and organizations taking action, right now, to cocreate a better future. We cannot deny that we are already living with the impacts of the climate crisis. Yet we must speak honestly and urgently about them, without paralyzing ourselves in the process. Sharing information is a means to understanding our planet and creating meaningful conversations so that today, in the present moment, our societies can begin to build a more just tomorrow. Presentes was born as a collective and collaborative effort to change the narratives around climate justice. It’s a Latin American alliance that seeks to bring the climate conversation to a wider audience while simultaneously strengthening alliances among those already working for the cause. The challenge lies in demonstrating that when we talk about the energy transition –a fundamental step towards a better future– we must also talk about respecting human rights and the rights of nature, and caring for all forms of life on this planet. What better way to show this than by telling the stories of those working for it every day? Presentes is coordinated by AIDA, with the goal of bringing together civil society organizations, local communities, environmental defenders and citizens from across Latin America. Toward a better tomorrow What can we do to address the climate crisis? What is clean energy? How can we build a more just world for all beings, and what does that look like? There are some of the questions we’ll be exploring, together, through the Presentes platforms. Our goal is to extend this conversation to people from across Latin American, in all phases of their own climate journey. As a starting point, the founding organizations signed a manifesto recognizing that, to achieve a society with climate justice, it is essential to recognize our role in this new environmental reality, and make way for a just change that leaves no one behind, that is fueled by new forms of energy, and that responds to the call of those people who, with dignity and determination, continue to fight for the defense of life on Earth. View this post on Instagram A post shared by Presentes (@presentesorg) These are the pillars of Presentes and the point from which we can, from our own focuses and starting points, begin to visualize a better future for all the beings who live on this Earth. Join your voice to Presentes! Each participant, whether an organization or an individual, helps to enrich the ecosystem of sharing and solidarity that is forming around Presentes. Beginning from where you are now, you can: Add your organization to the alliance. By doing so, you’ll work with the diverse groups that form the Presentes, amplify your own organization's work, and receive a biweekly digital newsletter with valuable information to strengthen your communication efforts. Join the conversation in our WhatsApp group to receive free content to learn more about the climate crisis and how we confront it, together. Follow Presentes on Instagram and Facebook and help the content reach beyond our network, into yours. Because now is the only time there is, it’s the time to be present.
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