Press Center
Landmark Inter-American Court Decision Requires States to Protect Human Rights in the Face of the Climate Crisis
In a groundbreaking advisory opinion issued today, the Inter-American Court of Human Rights clarifies the obligations of States to effectively protect people and communities from the harmful impacts of the climate crisis. The decision sets a powerful precedent for climate justice and offers critical guidance to national and international courts worldwide.San José, Costa Rica. In its Advisory Opinion No. 32, the Inter-American Court of Human Rights has taken a historic step toward strengthening global climate accountability. The Court sets a powerful precedent by establishing legal standards that States across the continent must meet to protect human rights in the face of the climate crisis. This landmark ruling is expected to drive a new wave of strategic climate litigation, enabling affected people and communities to access justice.“The Court’s decision marks a watershed moment for climate justice in Latin America and around the world, as it is the first time a regional human rights tribunal has clearly spelled out States’ legal obligations in response to the climate crisis,” said Gladys Martínez, Executive Director of the Interamerican Association for Environmental Defense (AIDA). “We welcome this significant step forward — one that will not only help protect communities and individuals, but also guide national and international courts, including the International Court of Justice, which is now developing its own opinion on this critical issue.”The Court recognized, for the first time, the existence of an autonomous human right to a healthy climate, derived from the right to a healthy environment. In light of Advisory Opinion No. 32, States across the region now have legal obligations to address the climate crisis as a human rights issue, in accordance with their domestic laws and applicable treaties and agreements, including:Guaranteeing a climate system free from dangerous anthropogenic interference, as a precondition for the exercise of other human rights.Respecting the principle of intergenerational equity, by ensuring that current generations leave behind conditions of environmental stability that allow future generations similar opportunities for development.Regulating, supervising, and overseeing, as well as requiring and approving environmental impact assessments, to fulfill their duty to mitigate greenhouse gas (GHG) emissions.Defining a mitigation goal; developing and maintaining an up-to-date mitigation strategy grounded in human rights; and strictly monitoring and supervising public and private GHG-emitting activities.Ensuring an equitable distribution of the burdens of climate action and climate impacts, avoiding the imposition of disproportionate burdens—this includes the fair allocation of the costs associated with the energy transition. In addition, the Court recognized in its opinion that local, traditional, and Indigenous knowledge is protected under Inter-American treaties and constitutes an integral part of the concept of the best available science—opening a new path for the enforceability and inclusion of these knowledge systems in responses to the climate emergency.“This decision by the Inter-American Court ushers in a new era for climate negotiations and litigation by providing individuals, communities, and civil society organizations with a clearer and more robust legal framework,” said Liliana Ávila, Director of the Human Rights and Environment Program at AIDA. “It empowers people to hold States accountable – both in climate negotiations and courtrooms – and to push for the structural changes needed to confront the climate crisis. This includes meeting their obligations on mitigation, adaptation, and addressing loss and damage, all while upholding fundamental human rights.”The Court’s decision responds to a request submitted in January 2023 by the governments of Colombia and Chile. In their petition, the two States emphasized that their populations — along with those of other countries across the Americas — are already experiencing severe impacts from the global climate crisis, including droughts, floods, wildfires, and other extreme events. They called on the Court to clarify how the American Convention on Human Rights should be interpreted in the context of the climate emergency, its root causes, and its wide-ranging consequences.“This decision serves as a binding interpretive tool for States in the region, opening new legal pathways to hold governments accountable for protecting human rights,” said Marcella Ribeiro, Senior Attorney at AIDA. “States must now align their domestic policies to meet the legal standards set by the Court — including, among other things, properly regulating corporate activity in the context of the climate crisis and ensuring a stable climate for future generations.”From the outset of the process, AIDA played a proactive role. The organization supported various communities across the region in ensuring their voices were heard by the Inter-American Court, submitting legal briefs that highlighted the socio-environmental impacts of the climate emergency on Indigenous peoples, women, children, people of diverse sexual orientations and gender identities, and on particularly fragile ecosystems such as coral reefs. AIDA also facilitated the participation of community representatives in the public hearings held as part of the process, which took place in Barbados and Brazil in April and May 2024, respectively.AIDA additionally submitted its own legal brief to the Court, arguing that the right to a “stable and safe climate” should be recognized as part of the universal right to a healthy environment – underscoring States’ obligations to prevent and mitigate the harmful effects of the climate emergency on their populations.The process saw the submission of more than 200 written observations — an unprecedented number for an Advisory Opinion of the Inter-American Court — reflecting the region’s strong engagement with the issue. Advisory Opinions play a vital role in shaping human rights law by clarifying how existing rights should be interpreted, thereby guiding States in how to uphold and enforce them within their territories or jurisdictions.Advisory Opinion No. 32 builds upon and reinforces earlier rulings, including the 2024 advisory opinion from the International Tribunal for the Law of the Sea, which clarified States’ obligations to protect the marine environment from the climate crisis. It also complements the forthcoming opinion from the International Court of Justice – the UN’s highest judicial body – which will define States’ responsibilities in the face of the global climate emergency.In a global context that demands ever-stronger climate action, the Inter-American Court’s decision reaffirms that governments must act based on binding legal obligations — not merely voluntary commitments. This legal milestone provides people and communities across the region a powerful foundation from which to demand real action and the full protection of their rights in a safe, just, and sustainable climate. Press contact:Víctor Quintanilla, [email protected], +52 5570522107
Read more
Media Advisory: Inter-American Court Decision on Climate and Human Rights Approaching
Expected Release: Early July 2025The Inter-American Court of Human Rights is expected to release a historic Advisory Opinion in early July, clarifying how states must uphold human rights in the context of the climate crisis.This legal milestone follows public hearings where frontline communities, Indigenous leaders, and civil society organizations shared powerful testimony on the real-world impacts of environmental degradation and government inaction. The Court’s decision will have far-reaching implications for climate policy, state accountability, and the protection of environmental defenders across the Americas.From the beginning of the process, AIDA assumed a proactive role, promoting the involvement of communities affected by the climate crisis in Latin America. We supported a diverse array of amicus briefs and community testimonies before the Court in public hearings and presented our own amicus brief arguing that the right to a “stable and safe climate” should be recognized as part of the universal right to a healthy environment.Spokespeople Available for Media Interviews:Legal Experts & Organizational LeadersMarcella RibeiroSenior Attorney, AIDALanguages: Portuguese (native), Spanish, English Expertise: Community participation, just transition, climate reparationsBased in: Brazil Available for: Interviews and background briefingsLiliana ÁvilaProgram Director, AIDA Languages: Spanish (native), EnglishExpertise: Human rights law, climate litigation, regional legal mechanismsBased in: ColombiaAvailable for: Interviews and background briefingsFrontline Community VoicesWe can coordinate interviews with several key members of frontline communities who testified directly before the Court during the public hearings.These spokepeople bring a vital human and territorial perspective to the legal decision and are available for media conversations in Spanish and local language, with interpretation support as needed. Background Materials:AIDA's amicus brief on the right to a safe and stable climate.Civil society contributions from around Latin America, on the Climate Litigation Platform for Latin America & the Caribbean.Frontline community interviews from the Manaus public hearing.The Manaus Declaration signed by nearly 400 people and organizations from across the continent.AIDA's background ABC on the Advisory Opinion process. Media Contacts:Victor QuintanillaMedia Coordinator, AIDA 📧 [email protected]📱 +52 55 7052 2107Lorena ZáratePositioning Coordinator, AIDA 📧 [email protected]📱 +52 55 7052 2107
Read more
International Ocean Conference ends with High Seas Treaty on verge of entry into force
Nice, France. The 3rd UN Ocean Conference is ending today with a historic step towards ensuring greater High Seas protection. With 19 additional countries depositing their ratifications, the total number of that count toward the High Seas Treaty’s entry into force has now reached 50. Only 10 more are needed to cross the critical 60-country threshold that would trigger the Treaty’s coming into effect.Several countries have already indicated their intent to deposit their ratification instruments at the UN very soon. There is no obligation for them to wait for the UNGA meeting in September, which could mean the Treaty’s entry into force could be activated in the coming weeks."The journey towards a high seas treaty has been nearly as long as the great migrations of whales, sharks and turtles but the wave of new ratifications at the UN Ocean Conference shows we are in the final straight," said Matthew Collis, Senior Director of Policy at the International Fund for Animal Welfare.In addition to the boost in ratifications, the number of countries signing the Treaty also surged. An extra 20 countries added their signatures during the week, bringing the total number to 136. This is an encouraging sign, as widespread ratification will be crucial to ensuring the Treaty’s full effectiveness.Rebecca Hubbard, Director of the High Seas Alliance, emphasized the urgency to maintain momentum: "We must keep our foot on the #RaceForRatification accelerator. The Treaty’s power lies in the number of countries that join, so while we celebrate this incredible progress, we urge all remaining nations to ratify without delay and help drive this Treaty past the first 60 to make it a truly global force for ocean protection."Around 60 heads of state and government attended the meeting reflecting a significant high level attention for the plight of the ocean. The momentum on High Seas Treaty ratification showed what is possible when the world comes together with urgency and purpose.“This is a landmark moment to safeguard the ocean as our greater common good, an opportunity to achieve equity and justice for all nations, and to empower regions, such as Latin America, in defining actions that can shape a fair and sustainable future for all,” said María José González-Bernat, Co-Director of Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA).Attention is now also turning to how the Treaty will be implemented once it enters into force. Several major announcements were made earlier in the week including the re-launch of the High Ambition Coalition for BBNJ and the €10 million that has been made available through the EU’s €40 million Global Ocean Programme to provide technical assistance to developing countries for both ratification and implementation. Private philanthropy also stepped up with the Minderoo Foundation pledging an additional USD6.5 million to support High Seas protection, and funding was confirmed to support a secretariat for the First Movers initiative, which will help advance early proposals for High Seas marine protected areas.Focus is intensifying on building strong bodies and processes under the Treaty to ensure it functions effectively as well as identifying critical High Seas sites for protection once the Treaty is operational through an ongoing Preparatory Commission process at the UN. Efforts to build the case for High Seas MPA proposals submissions under the Treaty were also showcased at the Conference, profiling a number of areas including the Salas y Gomez and Nazca Ridges, the Lord Howe Rise and South Tasman Sea, the West Indian Ocean Sub-Antarctic and the Thermal Dome in the Eastern Pacific.“While the Race to Ratification will soon come to an end, the hard work to fully implement the treaty is just about to begin. Protecting and sustainably managing the High Seas – 50% of the planet – cannot come soon enough. The inclusion of Indigenous and local knowledge systems in the BBNJ Treaty sets new ocean governance foundations for how and for whom this treaty is implemented,” said Ernesto Fernández Monge, International Oceans Director at Oceans North.Notes to editorAs of Friday 13 June at 1400CET,19 additional instruments of ratification were deposited by countries at the UN during the conference and 20 more countries signed the Treaty, signaling their intent to ratify.Additional countries that ratified during UNOC: Albania, Bahamas, Belgium, Croatia, Côte d’Ivoire, Denmark, Fiji, Malta, Mauritania, Vanuatu, Greece, Guinea-Bissau, Indonesia, Jamaica, Jordan, Liberia, Solomon Islands, Tuvalu, VietnamThe European Union has also deposited its instrument of ratification on 28 May 2025. However, as a regional economic integration organization, its ratification does not count toward the total, only ratifications by its individual member states.Additional countries that signed during UNOC: Andorra, Armenia, Burundi, Cambodia, Equatorial Guinea, Guinea, Guinea Bissau, Jordan, Lebanon, Lesotho, Montenegro, Niue, North Macedonia, Papua New Guinea, Peru, Senegal Serbia, South Africa, Saint Kitts and Nevis, YemenThe High Seas Treaty is formally titled the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement).The High Seas Alliance (HSA) sometimes uses the term “High Seas Treaty“ as a short-hand for the BBNJ Agreement. HSA acknowledges that the scope of the BBNJ Agreement encompasses all Areas beyond national jurisdiction, including the seafloor and water column. This choice of wording is intended to ease understanding for broad audiences and does not convey a prioritization among the components or principles of the BBNJ Agreement.The official status of signatures and ratifications can be found on the UN website and the High Seas Alliance’s ratification tracker. Note: The number shown on the High Seas Alliance tracker reflects only the ratifications that count toward entry into force and does not include the EU’s ratification and therefore differs from the UN’s total count.The Treaty enters into force 120 days after the 60th instrument of ratification has been deposited at the UN.For more information on the BBNJ High Ambition Coalition.For more information on the EU’s Global Ocean Programme.A series of Preparatory Commission (PrepCom) sessions are happening at the UN to agree on the different institutions and processes that will sit under the Treaty. The first of these sessions happened in April 2025, the second one will be from 18-29 August 2025, and a third one is likely to take place in early 2026. The way these institutions are structured and how they function will shape the Treaty’s long-term effectiveness and determine how quickly global ambition can be translated into tangible results for ocean protection, including the establishment of High Seas marine protected areas.Members quotes-RISE UP: "The wave of High Seas Treaty ratifications at UNOC 3 marks a powerful step toward a thriving ocean future, bringing us closer to protecting our shared ocean heritage. Implementation must be driven not only by science and policy, but also by the leadership and wisdom of Indigenous Peoples and traditional knowledge holders. This is ocean justice in action." – Flora McMorrin, Director, RISE UP.-The Ocean Race: "We at The Ocean Race are thrilled to become a Friend of the High Seas Alliance, recognizing the vital alignment in our joint race for the Ocean. We look forward to collaborating to help the implementation of the High Seas Treaty, working towards the 30x30 target and amplifying critical campaigns for ocean health.” - Richard Brisius, Race Chairman, The Ocean Race.-Accountability.Fish: "A great watershed in the history of sustainable ocean governance. With sufficient support for getting the BBNJ implemented on short notice, Nice has proved a boost for the international commitment with saving biodiversity on the High Seas." - Steven Adolf, Senior Advisor for Accountability.Fish.-AIDA: "The entry into force and the implementation of the BBNJ Agreement is a landmark moment to safeguard the ocean as our greater common good, an opportunity to achieve equity and justice for all nations, and to empower regions, such as Latin America, in defining actions that can shape a fair and sustainable future for all." - María José González-Bernat, Co-Director of Ecosystems Program of AIDA. -Birdlife International: "As a member of the High Seas Alliance, BirdLife International stands ready to provide the science, tools and global-to-local action to build a strong High Seas treaty. Here at UNOC, we now commit to identify the most important areas across 100% of ocean flyways until 2030. This is a key building block for the High Seas treaty to be successful. We call on governments to unite in saving our ocean and to send a strong signal from Nice to the world." - Martin Harper, CEO of BirdLife International.-Global Choices: "Global Choices congratulates the High Seas Alliance on driving increasing ratifications of the BBNJ and we add our voice to the call for urgent full and meaningful implementation of the Agreement. For our work on collaborating to protect the Central Arctic Ocean, an Area Beyond National Jurisdiction, the enhanced Environmental Impact Assessments in the BBNJ agreement will be of particular benefit to enhancing precaution of harm to this most fragile and unique biome." - Inge Relph - Executive Director and Co-Founder, Global Choices.-OceanCare: "Over the past week, we’ve seen an impressive wave of ratifications. While this is a major milestone, it is only the beginning. The real work lies in implementation — and the true test will be whether the Agreement delivers tangible benefits for marine ecosystems. Success will depend on robust institutional arrangements, adequate financing, capacity-building, and genuine cooperation among States and stakeholders. We must seize the momentum generated by the 3rd UN Ocean Conference and act swiftly — the health of our ocean hangs in the balance." - Fabienne McLellan, Managing Director at OceanCare.-The German Ocean Foundation: "The German Ocean Foundation celebrates the growing number of States who have ratified the BBNJ Agreement and urges other States, in particular the German government, to prioritize ratification, so that this treaty can realise its true potential as the catalyst for meaningful and lasting protection of the High Seas that it is designed to be." - Frank Schweikert, Director of the German Ocean Foundation.-Campaign for Nature: "Jumping from 31 to 50 country ratifications within a few days is a remarkable achievement. We now need to capitalise on this momentum and ensure we reach the magic number of 60 before the UN General Assembly meets in September in New York. Every country should aspire to be among this top 60 in the next three months." - Adrian Gahan, Ocean Lead, Campaign for Nature.-MarViva Foundation: "UNOC presented a unique opportunity to strengthen the momentum around the protection of the high seas. We look forward to continuing working along with governments and partner organizations from the High Seas Alliance to ensure the implementation of the BBNJ Treaty and the adequate management and conservation of key sites such as the Thermal Dome." - Katherine Arroyo Arce, Executive Director.-IFAW (The International Fund for Animal Welfare): "The journey towards a high seas treaty has been nearly as long as the great migrations of whales, sharks and turtles but the wave of new ratifications at the UN Ocean Conference shows we are in the final straight. IFAW urges all nations that have not yet done so to ratify the treaty as a matter of urgency so we can at last give meaningful protection to marine life on the high seas." - Matthew Collis, Senior DIrector of Policy.-Sustainable Ocean Alliance: "The BBNJ Treaty is a historic step toward protecting the biodiversity of the high seas, a global commons that no country owns, but all depend on. Contrary to misinformation, this agreement fully respects national sovereignty: it only applies to the High Seas that is generally beyond 200 nautical miles, where no country has exclusive rights. By ratifying the BBNJ Treaty, countries are not giving up power, they are stepping up to protect life beyond borders and ensure that international waters are governed by cooperation, science, and fairness." - Daniel Cáceres Bartra, SOA Hispanoamérica.-Greenpeace International: "Ratification of the High Seas Treaty is now within touching distance. The progress made on Monday reminded us of the multilateral cooperation we saw when the Treaty text was agreed by consensus in 2023. This momentum now must be maintained. We need to cross the threshold of sixty ratifications as soon as possible, so the Treaty can enter into force in 2025. Following this, we must see governments take marine protected area proposals to the first Ocean Conference of Parties in 2026. One billion people rely on the oceans, and if we can protect 30% of the oceans using this Treaty, they will continue to provide for us." - Megan Randles, Greenpeace International’s Head of Delegation for the Conference.-WILDTRUST: "The South African based NGO WILDTRUST – WILDOCEANS programme team have been blown away by ocean conservation commitments made by both the South African government and the Union of Comoros at UNOC 2025. South Africa’s Minister of Forestry, Fisheries and the Environment Dr Dion George, signed the BBNJ Agreement, also known as the High Seas Treaty, on the 9th of June. The Minister touched on how signing the Agreement builds on the countries record of active multilateral engagement and positions them as a bridge-builder between global ambition and local action for the oceans.On Tuesday the 10th of June the Ministry of Comoros confirmed the country’s readiness to take swift action to support global marine conservation goals. They signed and committed to move to ratify the High Seas Treaty, as well as pledged to protect 30% of their ocean by designating approximately 50 000km2 in Marine Protected Areas by 2030.Ecological sustainability is only possible when paired with socio-economic prosperity, especially in vulnerable coastal communities, where lasting marine conservation depends on both nature and people thriving together," commented Strategic Ocean Lead at the WILDTRUST. "This is why we are so pleased about these bold steps to protect the western Indian Ocean at large."-Oceans North: "While the Race to Ratification will soon come to an end, the hard work to fully implement the treaty is just about to begin. Protecting and sustainably managing the high seas – 50% of the planet – cannot come soon enough. The inclusion of Indigenous and local knowledge systems in the BBNJ Treaty sets new ocean governance foundations for how and for whom this treaty is implemented." - Ernesto Fernández Monge, International Oceans Director, Oceans North.-The Ocean Project: "We are highly encouraged with the progress made toward ratification and urge all nations to "seas the day" and swiftly ratify the High Seas Treaty. Ratification provides an historic opportunity for nations of the world to come together and finally safeguard this global commons. Critically important, ratification will provide the ability to protect at least 30% of the ocean, which nations of the world committed to achieving by 2030. Doing so will help both current and future generations because no matter where we live on our blue planet, we all need a healthy ocean to survive and thrive." - Bill Mott, Executive Director, The Ocean Project | World Ocean Day.-Conservation International and the Coral Reefs of the High Seas Coalition: "The wave of international commitments to the High Seas Treaty signals growing global recognition that we must urgently conserve marine biodiversity in our shared ocean. This landmark agreement lays the foundation for creating marine protected areas beyond national jurisdiction - safeguarding the rich biodiversity and deep cultural heritage of the high seas for future generations." - Haydée Rodriguez-Romero, Director of the Coral Reefs of the High Seas Coalition, Conservation International.-The Pew Charitable Trusts: “"This remarkable progress demonstrates the global community’s commitment to swiftly implement the BBNJ Agreement and secure benefits for marine life and people worldwide. This includes a global ambition to establish the first generation of high seas marine protected areas, which is critical for meeting the world’s 30 by 30 conservation goal within the next five years." – Nichola Clark, senior officer on The Pew Charitable Trusts’ ocean governance team.-Iceland Nature Conservation Association: "We very much welcome Iceland’s commitment to ratifying the BBNJ treaty during the autumn session of the Icelandic Parliament. However, given Iceland’s previous commitments, Iceland must be among the first 60 states to ratify the BBNJ." - Árni Finnsson, Iceland Nature Conservation Association.-iSea: "At iSea, we are proud to have supported the High Seas Alliance's Race for Ratification, and we welcome Greece’s and Cyprus's ratification of the BBNJ Agreement as a crucial step toward ocean protection. With only a few national ratifications remaining after the momentum of UNOC3, the High Seas Treaty is closer than ever to entering into force. As an NGO dedicated to the conservation of the marine environment, iSea remains committed to actively supporting the next steps for the Treaty’s effective implementation worldwide."-Global Fishing Watch: "UNOC has given us a glimmer of hope that the challenges facing our ocean are being seen and will be tackled. Transparency at all levels has rightly emerged as crucial in this work, because we can’t protect what we can’t see. As we edge closer to the High Seas Treaty coming into force, governments need to double down - using both transparency and new technologies - to safeguard the ocean and its riches for the benefit of all those who rely on it." - Tony Long, chief executive officer of Global Fishing Watch.-The Nature Conservancy: "Achieving meaningful change on the high seas requires a whole-ocean approach grounded in global cooperation and local leadership. The momentum behind the BBNJ Treaty shows that this is possible. Now is the moment to double down. As we approach the 60 ratifications needed to bring it into force, we move closer to protecting the ocean systems that sustain life— safeguarding food security, livelihoods, and climate resilience for communities around the world." – Dr. Elizabeth McLeod, Global Ocean Director, The Nature Conservancy.-Iceland Nature Conservation Association: "We very much welcome Iceland’s commitment to ratifying the BBNJ treaty during the autumn session of the Icelandic Parliament. However, given Iceland’s previous commitments, Iceland must be among the first 60 states to ratify the BBNJ." - Árni Finnsson, Chair of Board, Náttúruverndarsamtök Íslands / Iceland Nature Conservation Association.-EarthEcho: "On behalf of our global community of young people at EarthEcho, I am extremely excited by the multilateral progress made here at Nice in the Race for Ratification. Young people are already strongly mobilized in laying the groundwork for BBNJ Treaty implementation, and we’re ready and eager to hit the ground running once it enters into force. To our world leaders, the ball is in your court!" - Taylor Cargill, EarthEcho International Youth Leadership Council member.
Read more
UN experts denounce threats and stigmatization against defenders of water and the Santurbán páramo; demand protection for their work
Bucaramanga, Colombia. On March 6, 2025 the United Nations Special Rapporteurs on human rights defenders, a healthy environment, water and sanitation, and the UN Working Group on Business and Human Rights sent formal letters to the governments of Colombia, Canada, and the United Arab Emirates, as well as to the companies Aris Mining and MDC Industry Holding Company LLC to denounce the threats and stigmatization faced by the Committee for the Defence of Water and the Santurbán Páramo for defending this ecosystem threatened by mining in Colombia. To date, only the Colombian government’s reply has been made public. While harassment is not new, content has recently been disseminated on social media labeling the Committee’s spokespersons as "persona non grata", endangering their lives by claiming false connections to illegal armed groups. Committee members have warned that "every day that passes without a response from the national government and the companies legitimizes those who seek to silence us".For 16 years, the committee has worked to protect the Santurban páramo - a high altitude wetland ecosystem which provides fresh water to more than two million people. Recently, they achieved recognition of part of the páramo as a Temporary Reserve Zone, which means that large-scale mining activities will be suspended for two years.Viviana Herrera, Latin America Program Coordinator at MiningWatch Canada, said, "it speaks volumes that Canada has not yet responded to the UN experts. Canada must prioritize the environmental defenders of the Santurbán Committee and their struggle to protect water."Sebastián Abad Jara, an attorney with the Interamerican Association for Environmental Defense (AIDA), said that "through these letters, the offices of the UN recognized the committee as a coalition of rights defenders; they informed governments and companies of the clear, imminent, and specific risk to its members; and in doing so they dismantled the false narratives linking their activities to those of illegal groups."The UN agencies emphasize that Aris Mining, its subsidiary Minesa, and all companies in its supply chain associated with the Soto Norte project — such as Calimineros — have an obligation to respect and protect human rights, especially those of environmental and water defenders."Colombia is one of the most dangerous countries for those defending water and life against extractive projects, which is why immediate action by states and companies is urgently needed to stop the stigmatization and guarantee the safety of members of the committee," said Jen Moore, associate researcher at the Institute for Policy Studies (IPS).The Committee for the Defence of Water and the Santurbán Páramo, AIDA, MiningWatch Canada, IPS, Common Frontiers Canada, and the Center for International Environmental Law (CIEL) reiterate the call by United Nations experts to the governments of Colombia, Canada, and the United Arab Emirates, as well as to Aris Mining company and MDC Holding, to safeguard the lives and integrity of the committee members.In accordance with their obligations under national law, the Escazú Agreement, inter-American law and jurisprudence, and the Guiding Principles on Business and Human Rights, we also urgently call on states and companies to respond to the substance of the letters and adopt measures — with verifiable deadlines and measurable progress — to prevent companies associated with the Soto Norte project from committing human rights violations.Only the protection and strengthening of historic leadership such as that of the Santurbán Committee in Colombia will bring us closer to environmental and climate justice. The concerns raised by the offices of the UN are a reminder that protecting those who lead the struggle for water in Latin America is an imperative of state and corporate due diligence.Press contactsCommittee for the Defense of Water and the Santurbán Páramo, [email protected] Quintanilla (Mexico), AIDA, [email protected], +5215570522107Viviana Herrera, Mining Watch Canada, [email protected], +14389931264Jennifer Moore, IPS, [email protected], +12027049011
Read more
Families of La Oroya demand Peru comply with Inter-American Court ruling
One year after the decision, the state has still not implemented the ordered reparations. The population lacks comprehensive health care and is once again exposed to toxic contamination due to the reactivation of the La Oroya smelter complex, which is operating without adequate environmental management.One year after the Inter-American Court of Human Rights ordered the Peruvian state to provide comprehensive reparations to the residents of La Oroya, after finding it responsible for violating their rights, the victims are still waiting for the ruling to be implemented and for state to comply with its international obligations."It's already been a year since the ruling was announced, how much longer will we have to wait?" asked Yolanda Zurita, a resident of La Oroya and a petitioner in the case. "Enough is enough! We demand that the Peruvian state immediately comply with the ruling of the Inter-American Court, which will benefit not only the victims of the case, but also the population of La Oroya and the country exposed to toxic substances from the indiscriminate development of extractive and industrial activities in our territories."On March 22, 2024, in a landmark decision for the protection of a healthy environment in Latin America, the Court responded to the long and tireless search for justice by the families of La Oroya, who have been affected for decades by the extreme levels of contamination from the La Oroya Metallurgical Complex (CMLO) and the lack of adequate protective measures by the State, which today ignores the ruling and underestimates its importance.Although the Court ordered the State to ensure that CMLO's operations comply with international environmental standards and to prevent and mitigate damage to the environment and human health, the opposite is currently the case: the complex has reactivated its operations without having modernized its facilities to prevent and mitigate the environmental and health risks it generates for the population.It is urgent that the CMLO stops polluting and that the Peruvian State adopts the measures required by the Court to modernize it in accordance with international environmental standards of environmental protection, in compliance with the ruling."With the reactivation of the metallurgical complex, the people of La Oroya are once again being exposed to levels of pollution that endanger their lives; the Inter-American Court's ruling is clear and the State is obligated to comply," said Rosa Peña, senior attorney with the Inter-American Association for Environmental Defense (AIDA). "The delay in complying with the ruling is re-victimizing the families who have been demanding justice for more than 20 years."The court also ordered the state to provide free medical care to the victims and to guarantee specialized care to residents with symptoms and illnesses related to contamination from the mining and metallurgical activities. Today, however, comprehensive health care is not guaranteed in La Oroya. It is necessary that the State, through and in coordination with the Ministry of Health, the Regional Health Directorate of Junín, the General Directorate of Environmental Health, and health care providers, create and implement the protocol for comprehensive care for victims in La Oroya, as established by the Court.The ruling set a historic precedent for the control of industrial pollution by states. For the Peruvian State to make real progress in its implementation, it is imperative that the Attorney General's Office issue the Compliance Resolution."Despite the deadlines set by the Inter-American Court for the Peruvian State, there has been virtually no progress in the implementation of the ruling," said Christian Huaylinos, coordinator of the legal department of the Pro Human Rights Association (APRODEH). "Above all, the nature of the case must be taken into account, which implies that La Oroya has been classified as a sacrifice zone due to the high levels of contamination; therefore, the need to fully compensate the victims is urgent." Background of the caseLa Oroya is located in the central mountain range of Peru, in the department of Junin, 176 km from Lima. In 1992, the US company Cerro de Pasco Corporation installed the La Oroya Metallurgical Complex (CMLO) to process mineral concentrates. The complex was nationalized in 1974 and operated by the state under the name Centromin Peru until 1997, when it was taken over by Doe Run Peru, which operated it until 2009. In short, the CMLO is over 100 years old.In La Oroya, most of the people affected by the CMLO contamination, including children, have lead levels higher than those recommended by the World Health Organization. In some cases, they have registered higher levels of arsenic and cadmium, in addition to stress, anxiety, skin problems, stomach problems, chronic headaches, and respiratory or cardiac problems, among others.In the absence of effective responses at the national level and on behalf of the victims, an international coalition of organizations filed a complaint against the Peruvian State with the Inter-American Commission on Human Rights in 2006. In October 2021, the Commission found the Peruvian government responsible and referred the case to the Inter-American Court. In October 2022, more than 16 years after the international complaint was filed, the victims, represented by AIDA and APRODEH with the assistance of Earthjustice, brought the case before the Court. Press contactsVíctor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107María Nieve Sullón (Peru), APRODEH, [email protected], +51 984926868
Read more
Declaration of a Temporary Reserve Area in the Santurbán Páramo is a victory for the defense of water in Latin America
Civil society organizations celebrate the measure taken by the Colombian Ministry of the Environment, which involves a two year suspension of Canadian company Aris Mining's gold mining project in the páramo.Bogotá, Colombia. The Interamerican Association for Environmental Defense (AIDA), the Institute for Policy Studies (IPS) - Mining and Trade Project, MiningWatch Canada, the Center for International Environmental Law (CIEL) and Common Frontiers Canada celebrate the Colombian Ministry of Environment and Sustainable Development’s (MADS) resolution that declares the western side of the Santurbán massif a temporary renewable natural resource reserve area. This major step strengthens the protection of one of the most emblematic high-altitude Andean wetlands, known as páramo, and its related ecosystems, which are fundamental for climate change adaptation and water security in the region for an estimated 2 million people.Resolution 0221, issued on March 3, 2025 by the Ministry of Environment and Sustainable Development (MADS), delimits and protects an area of 75,344.65 hectares, ensuring a two year provisional suspension of the Soto Norte gold mining project owned by Canadian company Aris Mining and its Colombian subsidiary, Sociedad Minera de Santander S.A.S. (Minesa), which puts Santurbán at risk. Citing the precautionary principle, the resolution prohibits the granting of “new mining concessions, special exploration and exploitation contracts, (...) as well as new environmental permits or licenses for the exploration or exploitation of minerals” in the area until the necessary technical studies are carried out toward its definitive protection. This resolution does not affect agricultural, livestock or tourism activity in the area.However, we are concerned that the resolution leaves in force the concession contract with Calimineros, which has had a subcontract with Minesa to formalize [its small-scale mining activities] since 2020, and from which Minesa promises to buy and process mineralized material. We encourage the competent authorities to suspend evaluation of its environmental license application and extension of the formalization subcontract, due to potential environmental impacts on Santurbán and because it is effectively part of the Soto Norte project.The páramo and related ecosystems are highly sensitive, recognized for their role in water regulation, carbon capture, and the conservation of endemic biodiversity. The removal of vegetation cover and the fragmentation of ecosystems that mining in Santurbán would generate could affect the ecological balance, biodiversity, and the provision of ecosystem services essential for life; acidify and reduce the amount of available fresh-water; and break the ecological interconnectivity with other biomes and ecosystems, destroying their capacity to sequester carbon and causing irreparable damage.For these reasons, we appreciate that the resolution seeks to prevent mining development in this highly sensitive and environmentally important area, preventing degradation of the watersheds that arise from Santurbán and preserving the water cycle.Sebastián Abad-Jara, an attorney for AIDA, pointed out that "by protecting Santurbán, Colombia ratifies its commitment to meet global environmental goals in terms of biodiversity, climate and wetlands, and sets a high bar for the governments of other countries where these ecosystems are similarly threatened by mining activity, such as Peru and Ecuador.""We celebrate this declaration as an important first step toward the consolidation of the western side of the Santurbán massif as a permanent reserve area, definitively protecting this important water source, vital for all who depend on it," said Jen Moore, associate fellow at IPS - Mining and Trade Project.Viviana Herrera, Latin America Program Coordinator for MiningWatch Canada, added that "this resolution is the result of the Committee for the Defence of Water and Páramo of Santurbán’s hard work, which has faced harassment and intimidation for its work in defense of the páramo, as well as disinformation campaigns about the supposed harmful effects of the resolution on agricultural activity."AIDA, IPS-Mining and Trade Project, MiningWatch Canada, CIEL and Common Frontiers Canada support the adoption of this protection measure for Santurbán. We also encourage the national and local government to carry out the necessary technical studies for its definitive protection, and to take preventive measures to avoid the cumulative environmental impacts of mining in the area given other projects that already have mining licenses. Furthermore, we reiterate the urgency of adopting measures to protect environment defenders in Colombia who stand up for the páramo.The Santurbán experience provides valuable lessons and should serve as an example to promote legislation for environmental protection in Latin America that focuses on the human right to water and the balance and integrity of fragile ecosystems, such as the páramo and other high-altitude ecosystems.#OurGoldIsWater Press contactsVictor Quintanilla (Mexico), AIDA, [email protected], +5215570522107Jennifer Moore, IPS, [email protected], +12027049011 (prensa IPS)Viviana Herrera, Mining Watch Canada, [email protected], +14389931264Alexandra Colón-Amil, CIEL, [email protected], +12024550253
Read more
Colombia: Communities and workers win first court ruling on coal mine closure that protects their rights
The Interamerican Association for Environmental Defense (AIDA) celebrates the ruling of the Constitutional Court of Colombia, which recognizes the rights to due process and participation of communities and workers in the closure of coal mining projects in the department of Cesar. This ruling comes after years of insistence by these groups, who filed a tutela lawsuit. In this case, AIDA contributed with a legal brief that includes the analysis it has conducted on the issue of closure and responsible exit in Latin America, from the perspective of the right to a healthy environment and other human rights.Below, we share the statement of the communities and workers on the occasion of the ruling.The Constitutional Court of Colombia issued the first ruling on mine closures in the country (T-029 of 2025). It guaranteed due process and, consequently, the effective participation of the communities and unions representing more than 20,000 people in the more than four municipalities affected by the environmental, social and economic impacts of the first irregular abandonment and closure of large-scale coal mines in Colombia.We, a group of affected communities and dismissed workers from Cesar and Magdalena, have led a legal action for more than four years to ensure a public dialogue through a large consultation table where the communities, dismissed workers, local authorities and the affected citizens in general of the mining municipalities of La Jagua, El Paso, Becerril and Ciénaga can know and participate in the definition of compensation and restoration measures that the multinational Glencore - Prodeco must carry out in these municipalities as part of its mining abandonment and closure plan, which is in the process of being approved by the National Environmental Licensing Authority (ANLA).In this ruling, the court determined that the Seventh Administrative Court of Valledupar violated the fundamental right to due process by considering that the multinational company had complied with this participation process with a SINGLE socialization meeting held in November 2022 in these municipalities, which is clearly insufficient and does not comply with what was agreed in the minutes of the meeting, where the commitment of the parties was to convene the GREAT TABLE OF DIALOGUE AND CONCERTATION in the presence of the affected population of these four municipalities.The court ordered to initiate again the opening of the contempt proceeding against the legal representative of Grupo Empresarial PRODECO S.A. and to review the compliance with the judgment and the agreement contained in these minutes.We, as communities and unions of the mining corridor, supported by national and international civil society organizations, and represented in court by attorney Rocío Torres Bobadilla, consider that this public roundtable may be the last opportunity for us to make a balance of what has happened in our territories after 25 years of exploitation and achieve measures for Glencore to compensate and restore all the impacts caused.Therefore:We invite Glencore - Prodeco to a constructive dialogue, to avoid evasive maneuvers and to respect the importance of this judicial decision.We request the Colombian State, headed by the ANLA, the DEFENSORIA and the PROCURADURÍA to accompany us in this process, support this judicial decision and strengthen our protection measures to guarantee our safety as leaders in this process to comply with this ruling.We request national and international organizations to continue supporting us to guarantee a real and effective participation and that this GREAT CONCERTATION TABLE is fulfilled. Finally, we ask the entire population of the country and especially of the municipalities of La Jagua, Becerril, El Paso and Ciénaga to accompany us, support us and join us in a great process to DEFEND THIS JUDICIAL DECISION which is HISTORIC for our territory in order to restore and compensate the serious environmental and social impacts caused by the irregular mining closure and to find measures to address the great poverty and unemployment we are experiencing.Join us to be heard, to heal our territories and to recover our economy.Signed byJunta de acción comunal de BoquerónConsejo Comunitario Afrodescendiente Coafrovis de la Victoria de San IsidroRed de Mujeres del Municipio del Paso Asamblea Campesina del Cesar por la Restitución y el Buen Vivir Asociación de Usuarios Campesinos (ANUC) el Paso Sindicato Nacional de Trabajadores del Carbón (Sintracarbón) Sindicato Nacional de los Trabajadores de la Industria Minero-Energética (Sintraminergetica) Sindicato Nacional de los Trabajadores Mineros Asociación del Reguardo Sokorhpa del Pueblo Indígena Yukpa Consejo Comunitario Caño Candela de Becerril Junta de Acción Comunal del Barrio Don Jaca en Santa Marta Corregimiento de Cordobita en Ciénaga (Madgalena) Vereda el Hatillo Representante Junta de Acción Comunal Sororia de la Jagua de Ibirico Centro de Estudios para la Justicia Social Tierra Digna Rocío Torres Bobadilla- environmental rights defender National and international organizations and defenders that SUPPORT US:Universidad del Magdalena Universidad del Magdalena Clínica Jurídica Interamerican Association for Environmental Defense (AIDA)London Mining Network PAX Holanda PAX Colombia CNV InternationaalSolifonds Multiwatch ASK Switzerland-Colombia Working GroupUrgewald Polen –Transiciones JustasAna Catalina Herrara - labor rights defenderÁngela Velandia Cruz – human rights defender
Read more
Life in Andean wetlands at risk from extractivism
The expansion of industrial extraction of lithium and other minerals for the energy transition of the global north threatens wetlands in Argentina, Bolivia and Chile. These delicate ecosystems are an abundant source of life and fundamental for human subsistence, environmental balance and for mitigating and adapting to the climate crisis.The Andean wetlands - including salt flats, lakes and lagoons - of Argentina, Bolivia and Chile are at serious risk due to the advance of the extraction of lithium and other minerals demanded for the energy transition in the countries of the global north. The Andean Wetlands Alliance warns of this threat to these ecosystems where life abounds and which are key to human subsistence and biodiversity in general and to the fight against the climate crisis.This year, the Convention on Wetlands proposes as the theme for World Wetlands Day: “Protecting wetlands for our common future”. This theme highlights the importance of collective action to protect these ecosystems, on which the future of humanity depends.According to United Nations data, although they cover only 6% of the earth's surface, wetlands are home to 40% of all plant and animal species. And, worldwide, more than 1 billion people (one eighth of the Earth's population) live in rural and urban areas that depend on these ecosystems for their livelihoods. However, with a 35% global loss in the last 50 years (since 1970), wetlands are the most threatened ecosystem, disappearing three times faster than forests.In Latin America, the Andean wetlands of the Gran Atacama region - located in the border area of Argentina, Bolivia and Chile - are home to unique species of flora and fauna, especially adapted to extreme climatic conditions, as well as microorganisms that absorb carbon dioxide and release oxygen. Its high capacity to purify and store water guarantees the supply of the resource for communities and species, also generating conditions for adaptation to the climate crisis.However, due to the presence of large quantities of lithium in these wetlands - the three countries concentrate more than 53% of the resources (potentially exploitable material) of the mineral - there is great pressure on them: corporate and state actors have developed a growing and massive mining industry to meet the demand for lithium in the global north, oriented to the manufacture of electric vehicles and energy storage from renewable sources, among other purposes.On the other hand, national and provincial governments see the industry as an opportunity to attract investment and strengthen their economies, for which they relax or poorly implement regulations that require an adequate analysis of the environmental and social impacts of projects. Likewise, there are no processes of consultation and free, prior and informed consent with the indigenous communities living in the territories. Nor are the rights of access to information, citizen participation, access to justice in environmental matters, or a safe environment for environmental defenders guaranteed.One of the main impacts of this type of mining (lithium extraction) is on water, a central element of Andean wetlands. Lithium is extracted from the water beneath the salt flats, a process that requires both saltwater and freshwater. Andean wetlands exist in regions where survival depends on the scarce water that defines them. The expansion of extractivism in the Gran Atacama regionArgentinaAccording to official data, the country has a portfolio of more than 50 lithium projects in different stages of progress, mainly located in the provinces of Salta, Catamarca and Jujuy. Three of them are in production and export stage (a fourth project started production in July 2024), four are under construction and more than 40 are at different stages of progress (prospecting/exploration/feasibility), mostly in advanced exploration phase. In Salta and Jujuy operate large companies such as Pan American Energy, Pluspetrol and Tecpetrol, historically linked to the oil and gas industry, which are now expanding their presence in renewable energy sectors, with a marked interest in lithium extraction.However, through an amparo action filed against the authorities and government of the province of Jujuy, it has come to light that there are more than 40 mining projects in the Salinas Grandes Basin and Guayatayoc Lagoon alone, an endorheic basin where more than thirty native communities belonging to the Kolla and Atacama peoples/nations live. To date, their progress and whether there are other projects is unknown because access to public environmental information is restricted and is not provided in a complete and timely manner, in breach of national regulations and international standards. In the Salar del Hombre Muerto, Catamarca, is the oldest lithium mining enclave in the country. The salt flat has been exploited since 1996 by the company Livent (now Arcadium Lithium), causing the total and irreversible drying up of the vega of the Trapiche River. In March 2024, the Supreme Court of Catamarca ordered a halt to mining activity in this salar until a cumulative environmental impact assessment is conducted. BoliviaIn the Salar de Uyuni, the largest in the world, resources of 23 million tons of lithium have been identified. And there are 26 other salt flats that, by regulation, are reserved for the exploitation of the mineral; exploration activities are being carried out in six of them. In Bolivia, lithium is state-owned. The country has a state-owned exploitation plant that began operating in 2024 at 20% of its capacity. In 2012 and 2018, two public consultations were held for state-owned plants, but these excluded indigenous and native communities with titled collective lands. Some communities have informally denounced a significant depletion of springs and water wells. The degradation of the Salar de Chalviri and the overexploitation of lithium and boron in the Salar de Capina have also been denounced.Since 2023, agreements have been signed and exploration and camp installation activities have begun with one Russian and two Chinese companies. These agreements have resulted in two contracts, signed at the end of 2024 and pending approval by the Legislative Assembly, with the Russian company Uranium One Group for a plant in the Salar de Uyuni and with the Chinese consortium CBC Hong Kong (CATL-BRUMP-CMOC companies) for two other plants in the same salar. Also at the end of last year, a second international call was launched for the exploitation of four other salt flats (Empexa, Capina, Cañapa and Chiguana), which has resulted in the signing of agreements with the companies EAU Lithium Pty Ltd (Australia), Tecpetrol S.A. (Argentina) and Geolith Actaris (France). These agreements, contracts and processes have been developed without prior consultation processes and with a lack of transparency. ChileThe Salar de Atacama basin is home to more than 90% of Chile's lithium reserves and was one of the first to be exploited by the mining industry. Currently, there are four major mining operations in the Salar Atacama, located in the Antofagasta Region: lithium extraction by Sociedad Química y Minera de Chile (SQM) and Albemaerle, under contracts with the Corporación de Fomento de la Producción (CORFO), which involves the extraction of more than 2,000 liters of water per second; and the parallel extraction of copper by Minera Escondida and Minera Zaldívar, which extract more than 1,400 liters of fresh water per second, aggravating the already critical water crisis in the area. The Atacameño Community of Peine, who live in the salar basin, has taken legal action denouncing the overexploitation of their aquifers, while in Calama, citizen movements are demanding water governance in the face of uncontrolled extraction by mining companies. In 2015, a government-appointed committee recognized that brine extraction has adverse effects on the ecosystem, but instead of regulating its use, it confirmed the government's long-standing policy of regulating lithium production.In Chile, the government has exclusive property rights over lithium under Decree Law 2886 (1979). This means that state institutions, particularly CORFO, set the conditions under which private companies operate in the salars. In 1979, following U.S. directives, the Chilean government - the dictatorship of Augusto Pinochet - declared lithium a “strategic mineral” and took measures to safeguard long-term reserves by limiting production through quotas accredited by the Chilean Nuclear Energy Commission.The National Lithium Strategy, launched in 2023, seeks to expand state exploitation, including new projects in the Maricunga and Pedernales salt flats. Chile concentrates 36% of global lithium production and, with at least 31 new green hydrogen projects in the pipeline, pressure on water resources will increase exponentially. It is known that, since 2013, on SQM's property, 32.4% of the carob trees (Prosopis chilenis) have dried up due to lack of water. The carob tree is a native tree, resistant to drought and with very deep roots that allow it to survive in this environment. Press contacts Víctor Quintanilla, Interamerican Association for Environmental Defense (AIDA), [email protected], +52 5570522107Rocío Wischñevsky, Fundación Ambiente y Recursos Naturales (FARN), Argentina, [email protected], +54 1159518538Verónica Gostissa, Asamblea Pucará (Argentina), [email protected], +54 93834771717Juan Donoso, Formando Rutas (Chile), [email protected], +4915780743628
Read more
European Union regulations and strategies jeopardize a just energy transition in Latin America
Reducing the production and consumption of minerals and deepening its circularity policy could enable the EU to address the social and environmental crises equitably, without exacerbating inequalities or compromising human well-being in the areas of the Global South where minerals are extracted. Brussels, Belgium – Following EU Raw Materials Week, which convened in Brussels this week, civil society organizations in Latin America warned that European Union regulations fail to respect the rights of communities affected or at risk of being impacted by mineral extraction projects used for energy transition and other industries, deepening inequalities in the Global South.While the debate around the future dynamics of raw materials in Europe – under the slogan “Europe means business; Europe is a powerhouse”– sought to foster investment opportunities between EU industry and countries of the Global South, the event fully ignored the realities of the territories in which these minerals are extracted. The effective participation of Latin American civil society has been practically non-existent, and the voices of local communities affected by the “critical minerals” projects promoted at the event have been excluded.“The EU's current raw materials and trade policy contradicts Europe's claim and rhetoric of upholding human rights and the highest environmental standards and supporting mineral-rich countries in creating added value and in their own energy transition.” said Teresa Hoffmann, EU raw materials policy expert and member of FARN. “Instead of making rapid progress in implementing human rights and environmental standards, there is a risk of even deregulating existing laws in the name of ‘competitiveness through simplification.’” The competitiveness paradigmThe event's agenda showcased the paradigm promoted by the European Commission in the framework of competitiveness vis-à-vis other countries such as China and the United States, which also seek to control the market of the so-called “clean technologies” and other industries, such as the military and aerospace. This approach is supported by the Draghi report, which stresses the importance of strengthening Europe's position in the global market.This narrative frames competitiveness in a very narrow perspective of perpetual growth, ignoring key elements such as environmental sustainability, social justice, and the need for real action in order for the EU to take steps to reduce its demand for minerals and its energy consumption.“The new paradigm of competitiveness does not take into account the limits of the planet, nor the climate, biodiversity and water crises, and risks deepening the asymmetry of power and inequality that exist between the countries of the Global South and the Global North, while promoting policies that impede a just global energy transition,” said Pía Marchegiani, deputy executive director and director of the Environmental Policy area of the Environment and Natural Resources Foundation (FARN). European Critical Raw Materials Regulation (CRMR)The Commission this week discussed the implementation of the European Critical Raw Materials Regulation (CRMR) through 'strategic projects' and 'strategic partnerships' in and with countries in the Global South.Critically, although the regulation will be widely implemented in Latin America—where many of these minerals are found in strategic ecosystems and indigenous territories—it does not include robust human rights and environmental due diligence mechanisms appropriate to the socio-cultural context of this region.On the contrary, the CRMR allows European companies to self-regulate their compliance with human rights and environmental standards through schemes that do not consider the complexity of the aggregate and synergistic impacts of extractive activities, which are expanding rapidly due to European and global demand.“Europe is seeking to secure access to minerals and energy through the modernization of free trade agreements, bilateral investment agreements and the CRMR itself. This new law promotes private mechanisms for multi-stakeholder participation and mining standards on environmental issues or transparency, which cannot be understood as a substitute for the procedures and regulations provided for in the laws of countries” said Ramón Balcázar, researcher and executive director of the Fundación Tantí. “Currently, we see them being used by the same companies and states that together systematically deny the right to free, prior and informed consultation to the peoples who are often affected simultaneously by mining and energy mega-projects”. Territorial realities not on the EU agendaIn Latin America, there is vast evidence that large-scale mineral extraction leads to socio-environmental degradation and conflict, and poses serious risks to local communities and environmental defenders.In the Salar de Atacama in Chile and the Salar del Hombre Muerto in Argentina, lithium extraction has generated environmental conflicts, weakened the social fabric, deepened state violence, and significantly affected these sensitive ecosystems.Despite this, government representatives from several Argentine provinces attending the event failed to refer to the lack of social license and the serious socio-environmental conflicts they face. On the contrary, they emphasized the investment opportunities in these mineral-rich provinces and promoted reforms that represent a serious setback for human and environmental rights, such as the Incentive Regime for Large Investments (RIGI), denounced by the Argentinean organization FARN in a recent communication.“The European Union has regulations whose implementation processes do not respect the rights of access and international environmental law,” said Yeny Rodríguez, senior lawyer at the Interamerican Association for Environmental Defense (AIDA). “This is extremely worrying because we know that there are 49 strategic projects applications for the extraction of transitional minerals outside of the EU (out of a total of 170 proposals), but we have no information about which ones. They are likely in the Global South and, more worryingly, they may be planned on indigenous lands and in strategic ecosystems that should be recognized by the EU as no-go zones, or mining-free areas”.We call on the EU to rapidly adopt effective solutions to reduce the production and consumption of minerals and to deepen its circularity policy to address the social and environmental crises in an equitable and intergenerational way, without creating new inequalities or compromising human well-being in Latin America, as recently called for by the UN Economic Commission for Europe itself. Press contactsAnna Miller (USA), AIDA, [email protected], +17166029553Belén Felix (Argentina), FARN, [email protected], +5491134214728Felipe Fontecilla (Chile), Fundación Tantí, [email protected], +56954460903
Read more
Organizations and communities alert to human rights impacts of mineral extraction for the energy transition
A public hearing before the Inter-American Commission on Human Rights will focus on the impact of the expansion and intensification of extractive operations for transition minerals like lithium and copper on communities in Latin America. Washington DC. On November 15, at a public hearing before the Inter-American Commission on Human Rights, representatives of national and regional organizations, as well as members of communities and indigenous peoples, will present updated information on how the exponential increase in the demand for and extraction of transition minerals has caused serious human rights violations as part of a transition process that is proposed only as a change in the energy matrix and is incapable of addressing inequalities in energy production and consumption, particularly in the Global South.Transition minerals like lithium, copper, cadmium, and cobalt—also called “critical” minerals—have been proposed in many global discussions as one of the main solutions to the climate crisis, as they are used in the development of technologies for the production of renewable energy, thus reducing or replacing the use of fossil fuels. A large part of these minerals are located in Latin America, in areas of great biocultural diversity.At the hearing, participants will present the main threats that mining for energy transition poses to the rights of indigenous peoples and local communities, the right to a healthy environment, access to environmental information, citizen participation, and justice. In addition, concrete cases of human rights violations in the context of mining for energy transition will be presented through testimonies.These impacts are already occurring in countries such as Argentina, Bolivia and Chile, which concentrate about 53 percent of the world's known lithium deposits in their Andean wetlands, extremely fragile ecosystems confronting water scarcity; in Chile and Peru, where 40 percent of the world’s copper is mined; and in the Colombian Amazon, where concessions, mining claims and illegal extraction of transition minerals are violating the rights of indigenous peoples.Several international organizations have spoken out about human rights abuses related to climate crisis response, particularly energy transition processes. In September, the UN Panel on Critical Minerals for Energy Transition issued a set of recommendations and voluntary principles for governments, industry and other stakeholders to ensure equitable, fair and sustainable management of these minerals. These guidelines aim to ensure that the transition to renewable energy is based on fairness and equity, and that it promotes sustainable development, respect for people, and environmental protection in developing countries.The hearing will take place during the 191st period of sessions of the Inter-American Commission. It was requested by the Due Process of Law Foundation (DPLF), the Gaia Amazonas Foundation and the organizations that are members of the the Alliance for Andean Wetlands (Alianza por los Humedales Andinos): the Interamerican Association for Environmental Defense (AIDA), a regional organization; the Fundación Ambiente y Recursos Naturales (FARN) and the PUCARÁ Assembly, of Argentina; the Centro de Documentación e Información Bolivia (CEDIB) and the Colectivo de Derechos Humanos Empodérate, of Bolivia; ONG FIMA, Defensa Ambiental and Fundación Tantí, of Chile.The hearing will be held from 9:00 a.m. to 10:30 a.m. (Washington DC time) and will be broadcast via Zoom, which requires prior registration at the following link: https://www.zoomgov.com/webinar/register/WN_dsEZdrDqSyOA8-i7ikveJQ#/registration. Quotes from representatives of organizations and communities Verónica Chávez, representative of the communities of Salinas Grandes and Laguna de Guayatayoc, Argentina:"All of us who are part of the Salinas Grande watershed are living a situation in which our rights are being affected. We hope that the IACHR can resolve this situation because it is very serious; they are damaging our territories, living beings, and nature itself." Liliana Ávila, director of the Human Rights and Environment Program at the Interamerican Association for Environmental Defense (AIDA):"The energy transition in our countries should be an opportunity to move towards more just and equitable energy production and distribution processes. The human rights framework and the role of the international protection system are fundamental in this regard. It is very important that the Inter-American Commission closely follows this process and promotes the protection of human rights." Verónica Gostissa, attorney with Asamblea Pucará of Catamarca, Argentina:"In our territory, the province of Catamarca, Argentina, we are living a serious violation of our rights, which is reflected first and foremost in the visible environmental impacts. Since 1997, lithium mining has caused significant environmental damage, including the drying up of a branch of the Trapiche River, a damage that persists to this day. Water continues to be taken from this damaged river, despite recognition of the damage by the company and government authorities. Access to public information, participation and consultation, and access to justice are also affected. For years, extractive projects have been approved without adequate procedures, and although a lawsuit filed by the Atacameños del Altiplano indigenous community resulted in a regulation, it does not meet the standards for effective indigenous consultation. In addition, more than 10 lithium projects are being developed in the same territory, the Salar del Hombre Muerto, without any cumulative and comprehensive impact assessment to date." Vivian Lagrava Flores, coordinator of the Colectivo de Derechos Humanos Empodérate, Bolivia:"Indigenous communities reject mining projects, they can even issue their resolutions and say no in the mining consultation process, but their decisions are not binding for governments. International standards are not respected, and the subjugation of territories and the imposition of mining rights are legitimized with discourses of progress and development, but it is not development from the vision of the indigenous peoples, nor from ours." Lady Sandón, representative of the Environment Unit of the Consejo de Pueblos Atacameños, Chile:"There is a lot of ignorance of the law for the native/indigenous people, which favors the state, and that is why the inhabitants of the land, by not knowing, do not enforce their guarantees. The state institutions violate the social, environmental, and cultural aspects; sometimes they use the indigenous people themselves to create divisions and to have supporters or political and mining operators who promote the change of the thinking of the genetic memory that we have as native people. I hope that we can revisit the situation of ancestral indigenous justice as a mechanism that previously established corrections so that the values and principles of ‘Buen Vivir’ are respected." Daniel Cerqueira, program director of the Due Process of Law Foundation (DPLF):"This hearing is an opportunity for the Inter-American Commission to clarify the parameters of action for both States and companies in the management of transition minerals. It is imperative to have specific obligations in this area, as human rights violations resulting from the extraction of these minerals are a reality that tends to worsen in several countries in the region." Juan Sebastian Anaya, advocacy advisor at the Gaia Amazonas Foundation (Colombia):"The indigenous governments of the Amazon exercise their territorial and environmental authority in accordance with the Law of Origin, which guides their knowledge systems and principles of relationship with the elements of the territory, such as minerals. The decarbonization of the energy matrix to maintain consumption standards in the global north should not be done at the expense of indigenous territories and the communities that protect them, govern them and make them flourish with their daily practices."Press contactsVíctor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107Rocío Wischñevsky (Argentina), FARN, [email protected], +54 91159518538 Karen Arita (Mexico), DPLF, [email protected], +52 442 471 9626
Read more