Press Center
Declaration of Manaus urges the Inter-American Court to clarify State obligations in climate emergency
San Jose, Costa Rica - Today, a coalition comprising over 400 communities, Indigenous and Tribal Peoples, and representatives of civil society presented the “Declaration of Manaus on Human Rights in the Climate Emergency” to the Inter-American Court of Human Rights (IACtHR). The widely endorsed declaration calls on the Court to articulate, in its forthcoming Advisory Opinion on the Climate Emergency and Human Rights, minimum standards for respecting and protecting human rights in the context of the climate crisis. It draws upon the insights of more than 150 participants who contributed during the public hearings on the process of the Advisory Opinion mentioned.The hearings, conducted in Bridgetown, Barbados (April 22–25), Brasilia (May 24), and Manaus (May 25–29), Brazil, served as a forum for the presentation of compelling testimonies from individuals and entire communities impacted by the climate emergency. In Manaus, in the heart of the Amazon, there was a strong emphasis on the expectation that the Court would issue a robust advisory opinion aimed at ensuring the protection of both people and the planet.The Declaration urges the Court to clarify the human rights obligations of States and reinforce the accountability of corporations and financial actors for their role in the climate crisis."The role played by the IACtHR Advisory Opinion is strategic at a historic moment for climate justice globally. The Court’s decision can reinforce and expand on what has already been established by the International Tribunal for the Law of the Sea (ITLOS) on the obligations to protect the oceans from climate change. It will undoubtedly influence the subsequent interpretation of the International Court of Justice (ICJ) on the duties of States to protect communities and the planet in the face of the climate crisis," said Marcella Ribeiro, senior attorney with the Human Rights and Environment Program of the Interamerican Association for Environmental Defense. "The standards set by the Court will set new paradigms for access to justice in the context of the triple planetary crisis, influencing pending and future cases, as well as laws and policies inside and outside the continent. Lastly, this decision has great potential to help overcome the political impasse in the international climate negotiations."The Declaration, signed by over 400 parties, requests the Court to:Acknowledge that in the face of the climate emergency, all human rights, including the right to a healthy environment, must be upheld by all States. This obligation should be interpreted under the principle of Common but Differentiated Responsibilities and in line with the average global temperature increase limit established by the Paris Agreement and informed by the best available science.Specify that States need to transition to fossil-free economies without harming local communities and causing environmental impacts that exceed planetary limits.Ensure public access to information and participation, as well as the right to climate justice. This includes providing legal and institutional mechanisms for communities affected by the crisis to seek legal recourse, as well as raising awareness and training the judiciary on climate-related issues.Protect and facilitate the work of environmental defenders in the context of the climate emergency and energy transition.Guarantee adaptation measures to address the effects of climate change, ensuring the protection of all human rights, especially for vulnerable or historically discriminated groups.Uphold the right to self-determination of Indigenous and Tribal Peoples by obtaining their consent for measures directly affecting them in the context of climate change and energy transition.Ensure that victims and survivors of climate-related harm are granted comprehensive and just reparations and that climate judgments have financial resources for their implementation. "The Manaus Declaration also addresses corporate responsibility for the crisis. We urge the Court to reinforce States’ obligations to regulate corporate actors and ensure that those responsible for human rights violations related to the climate crisis are held accountable," adds Luisa Gómez Betancur, senior attorney at the Center for International Environmental Law (CIEL). "Consistent with the polluter pays principle in international law, fossil fuel and agribusiness companies that are the primary drivers of climate change must cover the costs of mitigation and adaptation, as well as provide full reparation to victims for climate harm."Those supporting the Declaration are urging the IACtHR, as a guardian of human rights, to take a strong and forward-thinking stance. This approach should hold those who have had the most impact on the climate crisis responsible, guide inter-American policies towards environmentally sustainable economies, and establish a foundation for climate, environmental, and social justice worldwide, starting with Latin America."We hope that by listening to the testimonies of those of us who suffer the worst consequences of the climate emergency, the IACtHR will heed our call and order the States to respect our right to self-determination and the way in which we relate to our territories, prioritizing their care and conservation. For this reason, we join our voices in the Manaus declaration to remind the Court of the unique opportunity it has to mark a before and after in the fight for climate justice and the protection of our rights," said Everildys Córdoba Borja, legal representative of the Community Council of Black Communities of the Tolo River Basin and Southern Coastal Zone (COCOMASUR), Colombia.Read and download the declaration Press contactsNiccolo Sarno, CIEL, [email protected] Arista, EarthRights International, [email protected], +51 941 242 447Karina Saravia, CANLA, [email protected], +505 84331292
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Mexican Supreme Court order to protect the Veracruz reef still unenforced
A port expansion project threatens the reef that hosts the greatest biodiversity of reef species in the western Gulf of Mexico. More than two years after the Supreme Court of Mexico ordered the adoption of several measures to protect the Veracruz Reef System and surrounding ecosystems affected by a port expansion project, the Ministry of Environment and Natural Resources (Semarnat) still refuses to comply with the ruling, putting the largest reef in the Gulf of Mexico and its environmental benefits at risk. The environmental organizations Territorios Diversos para la Vida, A.C. (TerraVida), Mexican Center for Environmental Law (CEMDA), Interamerican Association for Environmental Defense (AIDA) and Earthjustice denounce this failure to comply with the court order. The Veracruz Reef System—a Wetland of International Importance under the Ramsar Convention since 2004—hosts the greatest biodiversity of reef species in the western Gulf of Mexico and is home to several critically endangered species such as the hawksbill sea turtle. The reefs are of high importance to the Veracruz community because they protect the coast from hurricanes and support local fishing and tourism. On February 9, 2022, residents of Veracruz won a victory before the Supreme Court in an amparo action filed to defend the Veracruz reef and other relevant ecosystems from the impacts of the port expansion. The highest court in Mexico determined that Semarnat violated the people of Veracruz’s right to a healthy environment after finding the project’s approval to be severely deficient. As a result, the Court ordered the revocation of the project’s permits, as well as a complete and holistic reevaluation of the project’s impacts, tasks that Semarnat has not yet complied with. "Today, the right to a healthy environment of the people living in the Veracruz-Boca del Río-Medellín metropolitan area continues to be violated because Semarnat, when re-evaluating the port expansion’s environmental impact after the court order, used outdated scientific information, failed to conduct a new evaluation, and allowed the port to again fragment its project by separating out the rock quarries and breakwaters," said Francisco Xavier Martínez Esponda, co-coordinator of TerraVida, the organization representing the plaintiffs in the lawsuit. "In short, the project was never evaluated in a complete and holistic manner, as ordered by the Court, and therefore we remain unaware of the project’s true environmental risk." The environmental authority had authorized the project in a fragmented manner, dividing it into 15 sections, which it evaluated and approved independently, obscuring its full impact. Far from complying with the court’s order, on December 30, 2022, Semarnat's General Directorate of Environmental Impact and Risk conditionally reauthorized the Veracruz port’s expansion, but once again in a fragmented manner, without adequately assessing the full project using the best available science and without allowing for public participation, as the court required. In its decision, Mexico’s highest court also ruled that Semarnat was obligated, among other things, to seek international technical assistance to preserve the site within the framework of the Ramsar Convention, an intergovernmental treaty for the protection and sustainable use of wetlands and coastal areas. To date, Semarnat has not yet finalized its request for international support. "In the absence of adequate and meaningful government efforts, there is a clear delay in obtaining expert advice from the Ramsar Convention," said Jorge Lu Palencia, an attorney with AIDA. "It is paradoxical that the expansion of the port has been authorized while still awaiting an independent technical evaluation, which, by its nature, should be prior to any decision that puts the ecosystem at risk." In addition, a scientific analysis prepared by independent researchers concluded that the mitigation measures proposed by the project promoter—the Veracruz Port System Administration—are not capable of avoiding the adverse consequences on the Veracruz reef because they were not based on a scientifically valid assessment of the project’s impacts. The scientific analysis shows that the environmental agency has not studied the potential impacts on the entirety of the reefs within the Veracruz Reef System National Park. In addition, dredging activities were carried out without considering the direct impact on the invertebrate species that inhabit the marine sediments. In view of the situation, the analysis recommends an external evaluation provided by a public research center. For these reasons, the organizations, at different times, have requested the Fifth District Court in Veracruz—in charge of supervising compliance with the judgment—to withhold from ruling on compliance with the judgment until these deficiencies are corrected. Press contacts Gabriela Sánchez, TerraVida, [email protected], +52 5511429935 Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107
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Warning of increased contamination in La Oroya and slow progress by the State to comply with the Inter-American Court ruling
The State's progress in implementing the international court's ruling has been slow and insufficient. Meanwhile, a high level of sulphur dioxide has recently been registered in the Andean city due to the partial reactivation of the metallurgical complex and the lack of prevention, warning, monitoring and control measures by the state. Two months after the Inter-American Court of Human Rights issued its ruling in the case "La Oroya Community vs. Peru," the Inter-American Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), organizations that legally represent the victims, warned at a press conference that the Peru is making slow and insufficient progress in effectively complying with the ruling.The ruling, issued on March 22 and considered a landmark in international law, established Peru’s responsibility for violating the rights of La Oroya residents affected by decades of toxic contamination.The international tribunal ordered comprehensive remedial measures, including environmental cleanup, reduction and mitigation of polluting emissions, air quality monitoring, free and specialized medical care, compensation, and a resettlement plan for the affected people. Increased pollution in La OroyaThe organizations also denounced that the government’s slow action is occurring in the midst of an increase in the presence of toxic contamination in the area due to the partial reactivation of the La Oroya Metallurgical Complex and the lack of prevention, warning, monitoring and control measures by the state.According to the Environmental Monitoring System of the Environmental Evaluation and Control Agency, a high presence of sulfur dioxide has recently been recorded in La Oroya, which makes it imperative that Peru take urgent action based on its international responsibility.One of the measures ordered by the Inter-American Court is to ensure that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health. Challenges in implementing the rulingDuring the press conference, Rosa Peña, Senior Attorney for AIDA's Human Rights and Environment Program, said: "The ruling is a great opportunity for the State of Peru to prevent and better manage the environmental impacts of mining and metallurgical activities, as well as to improve health care for people exposed to contamination. The Court has already identified the key aspects, now it is up to the State as a whole to ensure a good implementation that will serve as an example for other cases at national and international levels."Christian Huaylinos, coordinator of the legal sector of APRODEH, emphasized the need for an articulated multisectoral work: "A coordinated effort of the three levels of the state—local, regional and national—is needed to advance in the effective compliance of the sentence. In addition, clear mechanisms must be put in place to ensure the effective participation of victims in the implementation of the orders issued by the Court." Community demandsYolanda Zurita, a petitioner in the case, emphasized the community's frustration with the lack of prompt and effective action: "We, as a population, need to feel and see that there is compliance. It is not possible that after 20 years of litigation, and after the Court's ruling has been made public, there are officials who claim to be ignoring the ruling."The Inter-American Court's ruling not only focuses on reparations for direct victims, but also includes restitution measures and guarantees of non-repetition for the entire population of La Oroya and the country. It defines parameters for the proper conduct of mining and metallurgical operations in Peru, in defense of the environment and health.The ruling is an important precedent for the protection of the right to a healthy environment in Latin America and for adequate state oversight of corporate activities.AIDA and APRODEH urge the Peruvian government to comply with the measures ordered by the Inter-American Court and to take immediate action to protect the environment and health of the community of La Oroya.Press contactVíctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +52 5570522107
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Argentina: the scramble for lithium threatens the rights of Indigenous Peoples in Jujuy
International civil society organisations with extensive experience in the defence of the environment and human rights present the conclusions of an observation mission to the Argentinian province of Jujuy in August 2023 following the constitutional reform approved in June of the same year, which facilitates lithium extraction. Paris and San Salvador de Jujuy. In a report published today, ten international civil society organisations with extensive experience in human rights and environmental issues warn that the lack of prior consultation of the 11 Indigenous Peoples of Jujuy in the approval process for the reform of the provincial constitution is incompatible with international human rights and environmental standards.The report also denounces that the new Jujuy Constitution authorises productive activities on public lands, which opens the door to the implementation of extractive projects in Indigenous ancestral territories, without guaranteeing prior, free and informed consultation with the communities. It also approves the large-scale use of water, which facilitates the use of an essential resource for the survival of Indigenous Peoples for the exploitation of lithium, an activity with a high water footprint.The constitutional reform process is framed in a context of mining deployment in the high Andean wetlands of Jujuy, whose watersheds are located in the area known by the mining industry as the "lithium triangle", located on the borders of Argentina, Bolivia and Chile. This area is so named because it is the largest, most easily extractable and economically profitable lithium reserve in the world."We denounce the permanent and disproportionate restriction of the right to social protest introduced by the Jujuy constitution - in particular the general prohibition of road and street blockades, which are not only a legitimate form of peaceful demonstration, but are also protected by international law," the organisations point out.The report also highlights the testimonies of victims of police repression, who suffered arbitrary detentions and serious physical injuries caused by the excessive and unjustified use of force. It also documents the cases of protesters who are currently facing arbitrary and disproportionate criminal proceedings for participating in and promoting public demonstrations against the constitutional reform.In light of the findings presented in the report, the organisations:Request compliance with the international obligations of the Argentinian State to guarantee the protection of the collective property of Indigenous communities over their ancestral territories, as well as to guarantee the right to water intended for human consumption and the reproduction of life.Urge the authorities to refrain from promoting regulations that restrict the ways, places or times in which citizens can exercise their right to demonstrate publicly.Make an urgent call to the judiciary to assess, based on a rigorous examination of international human rights standards, the probable unconstitutionality of the approval process for the reform and its contents. Relationship between the events in Jujuy and the reforms promoted by Javier Milei’s governmentThe analysis offered in the report on what happened in Jujuy is especially relevant in the current national context because President Javier Milei’s national government has followed a similar line to the trend observed in Jujuy of promoting reforms that deepen an extractivist model in protected ecosystems of the country. This occurs while eliminating frameworks for the protection of human and environmental rights and facilitating the repression and criminalisation of legitimate protests, as detailed in the report.Through Decree of Necessity and Urgency No. 70/2023, President Milei repealed the Land Law (26.737) on 20th December 2023, eliminating restrictions aimed at preventing land grabbing by foreign investment projects. In addition, the "omnibus" bill proposes to repeal environmental protection laws to facilitate economic activities in ecosystems such as native forests and glaciers.These measures, similar to those implemented in Jujuy, were accompanied by disproportionate restrictions on the exercise of the right to protest. For example, on 14th December 2023, the executive approved the "protocol of anti-picketing action", which considers any demonstration that interrupts or decreases the movement of people a flagrant offence, requiring police intervention. Read the report
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Celebrating the appointment of Astrid Puentes Riaño as UN Special Rapporteur
On April 5, during its 55th session, the United Nations Human Rights Council appointed Astrid Puentes Riaño as the new UN Special Rapporteur on the human right to a clean, healthy and sustainable environment. For 18 years, as co-executive director of AIDA, Puentes Riaño led efforts across Latin America to uphold the right to a healthy environment and protect affected communities from environmental harms. Her strategic vision and powerful command of public interest law and advocacy has left a lasting contribution on both AIDA and the larger movement for climate justice in the region. She will be the first woman and first person from the Global South, and the third Special Rapporteur, to assume this important mandate. Gladys Martínez de Lemos, executive director of AIDA, expressed: “Astrid’s career has long been focused on protecting the right to a healthy environment, as a leader of the movement in Latin America. Her new role as Special Rapporteur is a natural and well-deserved progression, and we know her continued leadership on the international stage will strengthen efforts towards climate and environmental justice around the world.” In May Puentes Riaño will replace David R. Boyd, who made tremendous strides as Rapporteur, including the UN recognition of a clean, healthy and sustainable environment as a universal human right. Boyd is a former member of AIDA’s Board of Directors. The Special Rapporteur’s mandate is an essential nexus of environmental and human rights defense, as it exists to: examine human rights obligations linked to the enjoyment of a safe, clean, healthy and sustainable environment; promote best practice in the use of human rights in policy making; identify challenges and obstacles to the global recognition and implementation of the right to a safe, clean, healthy and sustainable environment; and conducting country visits and responding to human rights violations.
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Court decision stops new lithium mining projects in Argentine salt flat, sets regional precedent
On March 13, the Supreme Court of Argentina’s Catamarca province ordered a halt on authorizing new lithium mining projects around the Salar del Hombre Muerto, in the department of Antofagasta de la Sierra. The high provincial court established that all projects must comply with the free, prior, and informed consultation of affected communities, thus granting the injunction filed by Román Guitián, Cacique of the Atacameños del Altiplano Indigenous Community.It is one of the most important rulings of recent times regarding care for nature and the protection of the rights of traditional communities.The court ordered the providence’s Ministry of Mining and the Ministry of Water, Energy and Environment to "refrain from granting new authorizations or environmental impact statements with respect to any work or activity" in the area until an environmental impact report with two fundamental characteristics is completed. The first is that it must be "cumulative and integral," covering the entire salt flat and especially the Los Patos River, which is in the same salt flat. The second is that it must consider the total impact of the companies that have applied for water use and extraction permits, and their potential to transform the environment in the same geographical area.Lithium mining in Antofagasta de la Sierra began in 1997 by the multinational company FMC, currently operating as Livent. The local communities denounced that the river and the Trapiche Valley were drying up because of the mining activity.The Alliance for Andean Wetlands (Alianza por los Humedales Andinos) celebrates this achievement of the Atacameños del Altiplano Indigenous Community and the Asamblea PUCARA (Pueblos Catamarqueños en Resistencia y Autodeterminación).The same model of lithium mega-mining that the Catamarca Supreme Court's ruling points to is being reproduced in the Puna region of Chile and Bolivia. In this sense, the sentence is an important precedent for the protection of the environment and affected communities, which should be replicated in all the regions of the continent affected by this extractive model.Governments must take measures to provide the necessary security guarantees for the territorial defense of local communities demanding the fulfillment of their human and environmental rights, both in Argentina and in other countries. Quotes from Alliance membersClaudia Velarde, co-coordinator of the Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA)"What happened in Catamarca is a historic milestone for the protection of water, territory and life in Latin America. The Court's decision confirms that the concept of the cumulative impact of an extractive activity is fully valid and a transcendental aspect of environmental management. It also clarifies that any damage to the environment that may result in a violation of the right to life or personal integrity must be considered significant damage. It is a relevant precedent in every sense and a strong message: national and international environmental regulations must be respected, environmental impact assessments must be strategic and cumulative, the right to environmental participation must be guaranteed, and the energy transition must be just." Ramón Balcázar, executive director of Fundación Tantí and co-coordinator of the Plurinational Observatory of Andean Salt Flats (OPSAL)"This ruling is the result of years of work and shows the importance of articulating knowledge and legal strategies for the defense of territories from a wetland perspective, setting a precedent that should be extended to the entire region for a cumulative assessment of projects, not only lithium, but also metallic mining and the impacts of climate change. Unfortunately, our colleague Román Guitián was the target of death threats after learning of the ruling, in a country like Chile that has ratified the Escazú Agreement. In this sense, we must categorically reject any form of violence against the defenders of the Andean salt flats, as well as the political advantage that institutions linked to the greenwashing of mining have tried to take from such a complex situation." Cristian Fernández, coordinator of the Legal Affairs area of Fundación Ambiente y Recursos Naturales (FARN)"The recent ruling of the Court of Justice of Catamarca, ordering the preparation of a "cumulative and integral" environmental impact study for all lithium projects being developed in the Los Patos River basin, and requiring the local government to refrain from issuing any new permits or authorizations for the activity, represents a milestone in the environmental jurisprudence of our country. It consolidates the path started almost 15 years ago by the Supreme Court of Justice of the Nation when, in the "Salas Dino" case, it demanded a cumulative impact study against the deforestation of native forests in Salta. In doing so, the Catamarca Court set a precedent that could be applied to the ecosystem damage suffered by the provinces of Salta and Jujuy due to the cumulative impact of numerous lithium projects in Salinas Grandes and Guayatayoc Lagoon."
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Inter-American Court ruling on La Oroya case sets key precedent for the protection of a healthy environment
The Court found Peru responsible for violating the rights of residents of La Oroya, who have been exposed to unsafe levels of toxic contamination for generations. San José, Costa Rica. The ruling of the Inter-American Court of Human Rights in the case "Community of La Oroya vs. Peru" sets an important precedent for the protection of the right to a healthy environment across the Americas and for adequate state oversight of corporate activities. The first-of-its-kind decision holds Peru accountable for its failure to protect the inhabitants of the Andean city of La Oroya who were exposed to toxic pollution from a smelter complex that operated without adequate pollution controls for a century.The Inter-American Court heard the case in a public hearing against Peru. 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 Peru before the Inter-American Commission on Human Rights in 2006. In October 2021, the Commission established the Peruvian government's responsibility in the case and referred it to the Inter-American Court. In October 2022, more than 16 years after the filing of the complaint, the victims presented the case before the Court in a public hearing, represented by the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), with the support of Earthjustice."This ruling is a very important step forward and a key precedent for environmental justice in Latin America, as it is the first case in which the Court recognizes a state’s responsibility for violating the right to a healthy environment and the impact this has on the guarantee of several other rights," said Liliana Avila, coordinator of AIDA's Human Rights and Environment Program. "The Court also referred to the collective and individual dimensions of this right, acknowledging the differential impact of its violation on children, women and the elderly, and the important role of environmental defenders."In its judgment, published on March 22, 2024, the international court established the Peru’s responsibility for the violation of the rights to a healthy environment, health, personal integrity, life with dignity, access to information, political participation, judicial guarantees and judicial protection of the 80 people involved in the case; for the violation of the rights of the children of 57 victims; and for the violation of the right to life of two victims. The Court also concluded that the State was responsible for violating the obligation of progressive development by adopting regressive measures in environmental protection."The decision is a fundamental precedent in international law that establishes the parameters of the State's obligation to regulate, control and remediate the effects of environmental pollution, as well as the obligations derived from the right to a healthy environment as an autonomous right and its interdependence and indivisibility with other fundamental rights of human existence, such as health, life and personal integrity," said Christian Huaylinos, Legal Coordinator of APRODEH. "It is also a great satisfaction for the victim’s two decades long struggle.”For more than 20 years, the residents of La Oroya have been seeking justice and redress for the widespread contamination caused by the La Oroya smelter complex, which was operated by Doe Run Peru from 1997 to 2009. The town has been recognized as one of the most polluted places on the planet."Twenty years ago, when this fight started, I was carrying my banner saying that the health of the children is worth more than gold," recalls Don Pablo, a resident of La Oroya. "We never gave up, and now I am very happy with the Court's decision."In the judgment, the Court ordered the State of Peru to adopt comprehensive reparation measures for the damage caused to the population of La Oroya, including identifying, prosecuting and, where appropriate, punishing those responsible for the harassment of the victims; determining the state of contamination of the air, water and soil and preparing an environmental remediation plan; providing free medical care to the victims and guaranteeing specialized care to residents with symptoms and illnesses related to contamination from mining and metallurgical activities; ensuring the effectiveness of the city's warning system and developing a system for monitoring the quality of air, water, and soil; ensuring that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health; providing monetary compensation to victims for material and non-material damages."What we expect now is that the ruling will be implemented, that for the first time the State will fulfill its obligations and guarantee our rights as environmental defenders," said Yolanda Zurita, a resident of La Oroya and a petitioner in the case. "Compliance with this ruling is the least we expect from a state that is committed to guaranteeing the rights of its citizens."Since 1999, the government of Peru has known that almost all the children living near the complex suffer from lead poisoning yet failed to offer proper medical care and remediation. For decades, the population of La Oroya was exposed to extreme levels of lead and other harmful contaminants, including arsenic, cadmium, and sulfur dioxide. Nearly all the children in the case have had lead and other heavy metals in their blood at concentrations many times higher than the guidelines established by the World Health Organization. And many residents suffer from chronic respiratory illness, in addition to stress, anxiety, skin problems, stomach problems, chronic headaches, and heart problems, among others."This ruling issues a warning to governments across the Americas that they cannot sit idly by while multinational corporations poison local communities. Corporations will now be on notice that exposing families to unhealthy levels of industrial pollution is a violation of international law and governments must hold polluters accountable,” said Jacob Kopas, Earthjustice senior attorney. ResourcesCourt's press release on the judgment, available here (in Spanish).Official summary of the judgment, available here (in Spanish).Full text of the judgment, available here (in Spanish).Background information on the case, available here.Folder with photographs, available here.Press contactVíctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +521 70522107
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Communities in Nicaragua win Green Climate Fund withdrawal from project that violated their rights
In an unprecedented decision resolving a complaint filed in 2021, the Green Climate Fund terminated a forestry project because the developers failed to comply with the Fund's policies and procedures on socio-environmental safeguards. This non-compliance violated the human rights of indigenous and Afro-descendant communities. The Green Climate Fund, the world's leading multilateral climate finance institution, decided to terminate funding for a forest conservation project in Nicaragua because the developers failed to comply with the institution's policies and procedures on socio-environmental safeguards. The non-compliance violated the rights of indigenous and Afro-descendant communities, as the project threatened to exacerbate the situation of violence from which they were already suffering. The Fund had not made any disbursements for the project and project implementation had not yet begun.The decision, the first of its kind in the Fund's history, is in response to a complaint filed in June 2021 by representatives of the affected communities, with the support of local and international organizations, with the Fund's Independent Redress Mechanism. The Independent Redress Mechanism hears complaints from people who are or may be affected by projects or programs financed by the Fund."This decision is a recognition of the tireless efforts of the communities behind the case, who were able to demonstrate the difficult situation they face, as well as a reminder of the importance of involving local communities in all stages of a project, from its conception," said Florencia Ortúzar, Senior Attorney at AIDA, one of the organizations that accompanied and provided legal support to the complaint process.In the complaint, the communities argued that implementing the project— called Bio-CLIMA: Integrated Climate Action to Reduce Deforestation and Strengthen Resilience in the BOSAWAS and Río San Juan Biospheres— would have serious impacts because:There was no adequate disclosure of information, no indigenous consultation, and no free, prior, and informed consent.The project would cause environmental degradation and increase violence against indigenous communities due to land colonization.The conditions imposed by the Fund's Board of Directors for project approval (including independent monitoring of project implementation and ensuring the legitimate participation of indigenous peoples) were not met.There was a lack of confidence in the Central American Bank for Economic Integration, the entity accredited to channel the funds, as to its compliance with the Fund's policies.There was a lack of confidence in the ability of the Government of Nicaragua, as the implementing agency, to fulfill its obligations in the execution of the project. The goal of the project, for which the Fund committed $64 million USD in 2020, was to restore degraded forest landscapes in Nicaragua's most biodiverse region (home to 80 percent of the country's forests and most of its indigenous peoples) and to channel investments toward sustainable land and forest management.However, the project was designed without adequate consultation, with a complete lack of transparency on the part of the sponsoring bank and ignoring the difficult context of violence and lack of human rights protection still suffered by indigenous communities in Nicaragua, particularly in the project area.In recent decades, the harsh local situation has only worsened because of organized crime, drug trafficking, the expansion of agriculture and cattle ranching, and the promotion of extractivist policies, as well as the lack of state protection.The investigation launched by the Independent Reparations Mechanism, which included field work and face-to-face and virtual interviews with all stakeholders, confirmed some of the allegations made in the complaint, including the lack of adequate consultation processes and the lack of free, prior, and informed consent of the affected communities. This is stated in the investigation’s final report.In July 2023, the Fund's Board of Directors, which was called upon to decide on the future of the project based on the Investigation Report, delegated the task to the Fund's Secretariat. As a result, neither the IRM nor the claimants had any further say in the matter.Finally, on March 7 of this year, the Secretariat announced its decision: to terminate the project's financing agreement, acknowledging that the developers had failed to comply with the Fund's policies, as alleged by the communities in the complaint."The decision is a valuable lesson for the Green Climate Fund, whose policies and safeguards exist to prevent these unfortunate situations and must be applied rigorously and consistently from the conception of projects seeking funding," said Ortúzar. Press contactVíctor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107
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5 years of the Kawésqar National Reserve: pending issues for its protection
Local communities denounce that the area is highly affected by salmon farming, which is failing to comply with environmental regulations.On January 30, 2019, the Official Gazette published the decree creating the Kawésqar National Reserve in Magallanes, which extends over 2,842 hectares between fjords and Patagonian peninsulas. The purpose of this classification was to guarantee the protection of the area, its territory and biodiversity, as well as to establish that it is the duty of the State to ensure its conservation. This year, 2024, marks the fifth anniversary of this milestone, which begs the question: is the reserve's objective being achieved? The community's claimsWith the qualification of National Reserve, this area was separated from the Kawéskar National Park, which offers broader protection. In the opinion of the local communities, this administrative division determines in a whimsical way what to prioritize and separates the land from the sea, as if they were independent elements, which causes "divisions and confusion to grow at all levels," says Eric Huaiquil Caro, a member of the Kawésqar Communities Kawésqar Family Groups Nomads of the Sea. He also says that the "agreements that were made in the indigenous consultation have not been responded to." Finally, Caro asks that the conservation of this reserve be done "without salmon farms and we hope that this will be established in the Management Plan that will be submitted for consultation in March 2024." An overstressed areaWithin the Kawésqar National Reserve lie the richest kelp forests in the country, an ecosystem considered key to combating climate change, as they can absorb high levels of carbon dioxide and regenerate marine systems. Although the State must guarantee their protection, the area is experiencing great pressure from the salmon farming industry. For example, there are 133 approved concessions in the entire Magallanes Region and 85 in process, of which 68 approved and 57 in process are in the Kawésqar National Reserve, "which seems unusual to us because it has been proven that the salmon farming industry is neither sustainable nor compatible with the ecosystemic care of the reserve. This is fundamental to the creation of the Reserve's Management Plan, which is currently being designed and which should establish the incompatibility of the industry within the zone's protection mandate, as documented in the report we have prepared together with the communities," says Cristina Lux, an attorney with the Interamerican Association for Environmental Defense (AIDA)."Forty-three percent of the concessions approved within the Kawésqar National Reserve have presented anaerobic conditions within the framework of their operations, according to information obtained from the Environmental Reports for Aquaculture. This means that they suffer or have suffered total or partial loss of oxygen, which affects the living conditions of all of the area's biodiversity," adds Estefanía González, Campaigns subdirector at Greenpeace Chile.The impact, explains Sofía Barrera , an attorney for FIMA, is "enormous and highly destructive.""To begin with, these farming centers are concentrated in just seven sectors (Staines Peninsula, Taraba Sound, Poca Esperanza Strait and Vlados Channel, Glacier Sound, Skyring Sound, Desolation Island and Xaltegua Gulf), which also concentrates their synergistic effects. Some of these are the impact of boat routes, the killing of sea lions to prevent them from attacking the salmon cages, the overproduction of salmon, the presence of garbage outside the concession polygons and the detection of the ISA virus in the farming centers, which ends up making the rest of the marine ecosystem sick, something that has been recognized by Environmental Courts," adds Barrera. "In addition, the dispersion of organic matter from the cultivation centers causes eutrophication and harmful algal bloom events (HAB), generating significant changes in water quality and affecting marine life," adds González.In the opinion of the representatives of these three organizations, despite the legal prohibitions and environmental requirements, the fact that many of these projects have been submitted and approved through environmental impact statements raises legal and political questions. "Why are the authorities not ensuring the real care of this area, whose interests are being taken care of, and how is the salmon industry influencing our authorities," asks Barrera.Unfortunately, González adds, when explanations have been requested, "we have not received answers or certainty. That is why it is urgent to advance towards a management plan that really protects this ecosystem and does not allow more centers that put biodiversity at risk." Press contactVíctor Quintanilla (AIDA), [email protected], +521 5570522107
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Right to a Healthy Environment Global Coalition awarded UN Human Rights Prize
New York — Today the Global Coalition of Civil Society, Indigenous Peoples, Social Movements, and Local Communities for the Universal Recognition of the Right to a Clean, Healthy, and Sustainable Environment accepted the prestigious 2023 United Nations Human Rights Prize in a ceremony in New York. This month also marks the 75th anniversary of the Universal Declaration of Human Rights.The coalition is recognized for its vital role in advocating for the universal recognition of the right to a healthy environment by the UN General Assembly (UNGA) in 2022. The UN Human Rights Prize is awarded once every five years to several recipients at a time. This year is the first time since its inception in 1966 that it has been granted to a global coalition.The prize was presented at a ceremony with UN leadership, including General Assembly President Dennis Francis, Secretary-General António Guterres, and High Commissioner for Human Rights Volker Türk. The award was accepted by a delegation of representatives illustrating the diversity of the coalition’s members.The ceremony took place alongside a workshop with advocates from around the world and UN and State representatives to assess progress since the recognition of the right to a healthy environment and to discuss next steps to build on that progress and ensure the effective promotion of the right.Read reactions to the announcement from the members of the coalition here.At the ceremony, the following acceptance speech was delivered by a representative of the coalition: We, Civil Society, Indigenous Peoples, Social Movements, and Local Communities in coalition for the Universal Recognition of the Human Right to a Clean, Healthy, and Sustainable Environment are honored to receive this prestigious prize acknowledging our vital role towards the UN recognition of this human right.This incredible achievement was only possible thanks to the tireless collaborative efforts of thousands of people from 143 countries who joined for this historic milestone. A process that started fifty years ago by visionaries gained momentum in 2020 when we called the UN to finally recognize this human right.First, this prize highlights the importance of truly collaborating to advance the imperative protections of our planet and our rights. No single organization, movement, or person would have been able to make it on their own, but together, our global and diverse coalition made it possible. We are humbled and proud that our efforts are recognized, evidencing to the world that working together is possible and worth it.Cooperation is just as needed for States, none of whom can, on their own, solve today’s multiple planetary crises of biodiversity loss, climate change, and pollution, aggravated by increasing inequalities. We call on States to effectively collaborate towards the solutions needed.Second, this prize reinforces the historic recognition of the right to a clean, healthy, and sustainable environment as a human right. That requires protecting the dignity of all persons, individually and collectively, substantively and procedurally, from human-made environmental degradation and climate change impacts. Affirming also the interdependence and indivisibility of human rights and the urgency to protect them from environmental threats, including systemic risks, irreversible degradation, and loss and damage.The UN recognition clarifies international human rights law and is now a powerful instrument for States to fulfill their obligations, enhance environmental justice, and guarantee all rights, especially of those in more vulnerable situations.As we witness increasing ecosystem degradation and lives lost due to pollution and climate change, this universal right can guide us toward stronger policies and practices, based on gender and intergenerational equity and the empowerment of all persons and communities. It can help in better protecting those defending the environment, including Indigenous Peoples, children, women, peasants, and other people working in rural areas.We are profoundly grateful for the recognition of our collective efforts, inspiring governments, businesses, and institutions to fulfill their responsibility and effectively protect our universal right to a clean, healthy, and sustainable environment. This is our priority, one we invite you to commit to. Thank you! Press contactsVíctor Quintanilla (Mexico), Content Coordinator at the Interamerican Association for Environmental Defense (AIDA), [email protected] Furbank, Communications Campaign Specialist at the Center for International Environmental Law, [email protected] Esther de la Rosa, Communications Coordinator at ESCR-Net [email protected]
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