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
Related projects
Transition minerals: value chains and cirularity from a Latin American perspective
The global push for renewable energy to reduce climate-aggravating emissions has revealed how the environmental and social costs of mineral extraction fall disproportionately on local communities and ecosystems. The rush for so-called “critical” minerals exacerbates the very crises it seeks to help solve, worsening ecological degradation and perpetuating socio-economic injustice in the Global South. The circular economy allows the development of new economic and governance models to overcome the linearity of the international trade system. From a Latin American perspective, the circular economy must incorporate ecological parameters to ensure the maintenance of ecosystem services and the value of raw materials, while respecting the human rights of those who depend on the ecosystems from which these raw materials are extracted. AIDA is a pioneering regional organization that uses the law and science to protect the right to a healthy environment in Latin America. Focused on strengthening the just energy transition, AIDA's work includes an emphasis on value chains and circular economy models from a Latin American perspective. The race for lithium from the perspective of place Andean wetlands are a series of highly biodiverse ecosystems that provide multiple ecosystem services. However, these ecosystems are highly fragile and are currently threatened by the climate crisis, water crisis, and mining pressures, particularly regarding lithium. The Gran Atacama, located in the high Andean wetlands of Chile, Bolivia and Argentina, is estimated to contain approximately 68 percent of global lithium reserves, in the form of brine. As such, the mining industry has renamed this region to focus on one mineral, calling it the “lithium triangle.” The reality is that the area is much more complex than just its minerals. In the Gran Atacama, local communities and indigenous peoples depend on the stability of the ecosystem for their cultural, social and economic well-being. Economic activities there are linked to agriculture, industrial employment, bureaucratic services, and tourism. Sixty percent of lithium deposits are in areas of medium, high and extremely high-water risk. At least 30 ongoing lithium mining projects in various stages of development have been identified throughout the Gran Atacama. Public opinion in these three countries has demonstrated significant concerns about the lithium mining industry and the sustainability of these activities, particularly in relation to a history of mismanagement of environmental liabilities in the past. A circular economy perspective is essential for sustainability The current climate crisis is linked to the linear nature of our current economic system and its assumption of infinite natural resources. The history of large-scale mining activities in the Global South exemplifies this perspective. The circular economy could offer a solution to create a more sustainable value chain for raw minerals and enable a just energy transition that benefits all regions of the world. However, the following points must be considered: The drivers and barriers for creating a circular economy within mining processes may vary from region to region. Building a global circular economy for lithium needs to encompass the material extraction stage more comprehensively, not only through industrial circularity activities, but also from an ecosystem and human rights perspective. The loss of natural capital in lithium-exporting countries is a major concern, not only because of material extraction, but also because of its impact on ecosystems. In Latin America, non-renewable natural capital represents 3.2 percent of total wealth, while natural capital represents 10.9 percent. Intensive extraction without recognizing environmental and human rights concerns depletes natural wealth, some of which is already used by local populations. A circular economy for raw materials must balance the extraction of minerals with the preservation of ecosystems. Economic mechanisms must be found to prevent the replacement of natural capital with technological capital, to create a truly circular economy. Tariff inequality for critical minerals, including lithium, is widespread and results in an uneven distribution of economic benefits along the value chain of raw minerals. Market rules impose low tariffs on critical raw materials, while high tariffs are applied to technology and specialized labor, neglecting the added value of natural resources. This results in lost potential to generate further profits in subsequent stages of the value chain. Economic mechanisms are needed to support ecosystem conservation, proper management and economic valuation of nature, and to address the inherent inequality and linearity of the current economic system. A circular economy proposal from territories of extraction The lithium value chain is transnational, and each region involved has different actions to take to achieve a global circular economy. Circularity in mining areas depends on the conservation of ecosystems that contain lithium and other minerals. Since raw materials are extracted from these ecosystems, our mission is to preserve them and plan the use of non-renewable resources from an ecological perspective, respecting biophysical limits and human rights. In this regard, from the perspective of the extractive regions, the proposal can be related to: Strengthening the circular economy perspective in and from extractive regions and increasing knowledge sharing with other regions, both in the global North and South. Expanding the concept of a global circular economy for lithium to include an ecosystem perspective in extraction planning, rather than focusing solely on a supply and demand perspective. Appropriate valuation of both non-renewable resources and the ecosystems in which they are located, through the exploration of environmental taxation mechanisms that could be integrated into the mining sector to: Create clear market signals about the value of natural and non-renewable resources and reduce the demand for intensive extraction of raw materials. Generate revenues to ensure a fair share of directly affected communities through benefit-sharing mechanisms and to facilitate increased investment in technologies to advance the circular economy faster and more efficiently. Ensuring timely and adequate compensation for contamination. Developing proposals for economic models that incorporate the ecosystem services and materials used or affected during lithium production. For example, implementing specific carbon pricing for mining activities and strengthening legal mechanisms based on the “producer responsibility” and “the polluter pays” principles.
Read more
Organisations demand justice in criminalization case against Rigoberto Juárez, ancestral authority and environmental and human rights defender of Guatemala
Organisations dedicated to the protection of human rights defenders, and national and international organisations working on the promotion and protection of human rights and indigenous peoples rights, express our concern over the criminalization process against Rigoberto Juárez, ancestral authority, environmental and human rights defender, and general coordinator of the Plurinational Ancestral Government of the Original Nations Mayas Akateka, Chuj, Q’anjob’al y Popti’.The judicial process against Rigoberto began in 2015 due to his role as a mediator and ancestral authority in a land conflict within the Q'anjob'al territory, specifically in the Ixquisis micro-region. This conflict arose from the indigenous Maya community's resistance to the poorly implemented and unconsulted hydroelectric projects by Energía y Renovación S.A., financed by BID Invest.The judicial process lacked an intercultural and differentiated approach. Additionally, the decisions made in the second instance and by the cassation court have ignored the factual and legal arguments presented by the defense regarding Rigoberto Juárez's role as an ancestral authority, which involved, at the community's request, assuming a mediator role in the high-conflict situation.From the perspective of the signing organizations, this judicial process has been used as a reprisal mechanism against the human rights defender’s legitimate human rights work. In particular, due to his crucial role in bringing visibility to, and reporting on, the Ixquisis case through a complaint submitted to the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank. Evidence of this can be found in the temporal overlaps of this process with crucial moments of the complaint filed with the MICI.In view of this concerning situation, we request judicial authorities to consider the arguments submitted by the legal defense of Rigoberto Juárez in the amparo action filed on 22 August and to make a decision that takes into account the specific guarantees of Rigoberto Juárez as an ancestral authority and as an environmental and human rights defender. Likewise, we call on international human rights institutions to urge the State of Guatemala to resolve the case of Rigoberto in accordance with their international obligations, and to prevent and address the serious trend of criminalization of indigenous authorities exercising their rights and responsibilities. Signed by:International Platform against ImpunityProtection International MesoaméricaInteramerican Association for Environmental Defense (AIDA)Franciscans InternationalRed Nacional por la Defensa de la Soberanía Alimentaria en Guatemala (REDSAG)Bank Information CenterInternational Service for Human RightsFront Line DefendersNISGUA (Network in Solidarity with the People of Guatemala)ASERJUSP. Marco Tulio Recinos Torres. CPPS.Center for International Environmental Law (CIEL)María Eugenia Solís GarcíaAlba Cecilia del Rosario Mérida PiedrasantaPress contact:Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107
Read more
The Manaus Declaration on Human Rights in the Climate Emergency
Indigenous Peoples, local communities, Afrodescendants, tribal and rural communities, children and adolescents, women, LGBTQI+, non-governmental organizations, platforms, institutions, and individuals urge the Court and States to adopt minimum standards for the protection of human rights in the context of the climate emergency, as elaborated during the public hearings of the Advisory Opinion, particularly the one held in Manaus, Brazil, from May 25-29, where communities, peoples and civil society of the region met in an unprecedented judicial setting.We notice that the overall balance, after more than 30 years of international discussions regarding the climate emergency, is regrettable, as there is no evidence of an effective commitment by States to avoid greenhouse gas (GHG) emissions, to grant reparations to those who have suffered climate damage, and to ensure that changes in their internal laws and policies, including economic policies, are compatible with the average global temperature limit set in the Paris Agreement.We highlight that several international courts, including the Inter-American Court of Human Rights, have the historic opportunity to formally clarify the human rights obligations of States in the context of the climate emergency through its advisory function, and in that sense, to set robust standards for the protection of rights based on current international standards relating to the protection those populations that have been historically excluded and discriminated against, and that are significantly more vulnerable to the climate emergency. Read and download the declaration
Read more