Press Center
Organizations condemn Eco Oro’ threat to sue Colombia over efforts to protect páramos
The Canadian company developing the Angostura gold mine in the high-altitude wetlands, or páramo, of Santurbán, has announced that it could file an international arbitration suit against Colombia over measures to protect the páramo, which is an important source of water in the country. Washington/Ottawa/Bogotá/Bucaramanga/Ámsterdam – Civil society organizations condemn Eco Oro Minerals’ announcement that it will initiate international arbitration against the Colombian state. Eco Oro has stated its intention to sue Colombia under the investment chapter of the Canada Colombia Free Trade Agreement over measures that the Andean state has taken to protect the Santurbán páramo and páramos around the country from harmful activities such as large-scale mining. Eco Oro Minerals’ Angostura proposed gold mine in Santurbán has financial backing from the World Bank’s International Finance Corporation. The company argues that it will lose money because of the demarcation of the páramo and the recent decision from the Constitutional Court of Colombia reaffirming the prohibition against mining in all Colombian páramos. The company stated in a news release that it could bring the dispute to international arbitration and seek “monetary compensation for the damages suffered.” “Since the Angostura project got underway, it has been clear that páramos are constitutionally and legally protected and that this project could affect Santurbán, such that it might not be authorized. States should not be sanctioned for protecting their water sources, given that they are doing so in accordance with national and internacional obligations,” remarked Carlos Lozano Acosta from the Interamerican Association for Environmental Defense (AIDA). The páramos are the source of 70% of the fresh water that is consumed in Colombia and are essential for mitigating climate change. The proposed gold mine was already the subject of a complaint to the Compliance Advisor Ombudsman of the International Finance Corporation (IFC). The Committee in Defense of the Water and Páramo of Santurbán filed the complaint in 2012. The IFC is the part of the World Bank Group exclusively focused on the private sector. A report based on this investigation is expected in the coming months. “The implication and the irony of Eco Oro’s statement is that the IFC’s investment in the company could be used to litigate against member states of the World Bank. It’s time for the IFC to withdraw its investment from this company,” stated Carla García Zendejas from CIEL. “In 2011, the Colombian Ministry of the Environment denied an environmental permit for the Angostura project, demonstrating its inviability. The Constitutional Court’s decision reaffirmed this, finding that the right to water and the protection of the páramos takes precedent over the economic interests of companies trying to develop mining projects in these ecosystems,” commented Miguel Ramos from the Santurbán Committee. “Just as has we have seen in El Salvador, where the state is being sued for US$250 million for not having granted a Canadian company a mining permit when the company did not even fulfill local regulations, the international arbitration system enshrined in neoliberal investment agreements is a real threat to the sovereignty of states and peoples to decide over highly important issues, such as water,” said Jen Moore from MiningWatch Canada. The organizations call on the company to abstain from arbitration against the Colombian state and note the risk that other companies with projects in the Santurbán páramo could follow Eco Oro’s example. Find additional information here.
Read more
Indigenous groups ask Pope Francis to help stop Las Cruces Dam
In a letter delivered to Vatican representatives, indigenous and riverine communities affected by the construction of a dam on Río San Pedro Mezquital asked that the Pope intercede on their behalf before the Mexican government during his visit to the country. They explained that the hydroelectric project would cause serious harm to the environment and human rights. Mexico City, Mexico. On the occasion of Pope Francis’ visit to Mexico, indigenous and riverine communities from Nayarit state wrote a letter asking the Pope to intercede on their behalf before the Mexican government, in hopes of putting a stop to the Las Cruces Dam project on Río San Pedro Mezquital. The project, they explain, puts at risk their culture and way of life, and also threatens Marismas Nacionales, one of the country’s most important wetlands. The letter was delivered to the local headquarters of the Apostolic Nunciature, a diplomatic mission of the Vatican. It reads: … We respectfully solicit that you, Your Holiness, during your visit to our country, intercede on our behalf before President Enrique Peña Nieto, so that his Government stops the human rights violations of all indigenous communities in the name of development, and that it abandon further advancement of the Las Cruces hydroelectric dam because of the human and environmental impacts it will cause. Mexico’s Secretary of the Environment and Renewable Natural Resources (SEMARNAT) has granted environmental permits and water rights for the construction and operation of the dam. “They did so without having guaranteed the right to prior consultation of the indigenous communities affected by the project, which include the Náyeri, Wixárica, Mexicanero and Tepehuano peoples,” explained Sandra Moguel, AIDA attorney. “SEMARNAT authorized the project with the condition that the Secretariat of Energy realize a process of consultation with the indigenous communities, which should have been done before issuing the authorizations.” In their letter, the indigenous communities honor and celebrate Pope Francis’ encyclical, Laudato Sí, in which he recognizes the important contribution indigenous communities can make towards the promotion and protection of culture and natural resources. “The Río San Pedro is not simply part of our lives, but also fundamental to our spirituality,” explained Julián López Cánare, member of the Náyeri Indigenous Council, who delivered the letter. “All of its territory, from its headwaters to its mouth, is a sacred space where we strengthen our identity and values.” This river also feeds Marismas Nacionales, one of Mexico’s most important wetlands. The area is recognized as a Biosphere Reserve and a Wetland of International Importance under the Ramsar Convention, an intergovernmental treaty for the protection of wetland ecosystems. Finally, the indigenous communities explained in their letter that the pressure put on them to agree to the project has escalated to include harassment and illegal detentions by the government. They also cite instances of acts simulating consultation, which would not be valid considering the project has already been authorized. Citing the visions for the future they share with Pope Francis, the letter finished: Your Holiness, hopeful in the power of your intercession, we part here with the passionate hope that your encyclical letter, Laudato Si’, inspires and propels profound changes in politics, practices, and beliefs of governments, businesses, civil society, and the mentality of our fellow man, with hopes of constructing a more just, more humane, and truly sustainable world.
Read more
AIDA celebrates Court decision to protect Colombia's páramos
Colombia’s Constitutional Court on Monday declared unconstitutional an aspect of the country’s National Development Plan that permitted mining in páramos. Bogota, Colombia. The Interamerican Association for Environmental Defense (AIDA) celebrates the decision of Colombia’s Constitutional Court to ban mining in the country’s páramos. The ruling—which nullified an article of the 2014-2018 National Development Plan protecting previously granted mining licenses—is vital to the preservation of Colombia’s freshwater resources, and should serve as an example for other countries in the region. AIDA and partner organizations presented an amicus brief in support of the corresponding lawsuit, filed by the Cumbre Agraria, Campesina, Étnica y Popular. The court’s ruling brings justice to these important freshwater ecosystems and the many people that depend upon them. Although they occupy just 1.7 percent of the national territory, Colombia’s páramos provide 70 percent of its fresh water. The sensitive ecosystems are also strategic reserves of biodiversity, and act as carbon sinks essential to the mitigation of climate change. The high court’s decision is key to the protection of the Santurbán páramo, on which hundreds of thousands of people in the Bucaramanga metropolitan area depend. AIDA has long been working to defend Santurbán from large-scale mining and to provide support to affected communities. AIDA urges the Ministry of the Environment to promptly enact the court’s ruling and protect all the country's páramos from the impacts of large-scale mining operations.
Read more
Brazilian Court overturns suspension of Belo Monte’s operating license
Brasilia, Brazil. The Federal Regional Court of the First Region (TRF1) overturned the preliminary decision suspending the operating license of the Belo Monte Dam. On January 11, the Federal Justice of Altamira decided to suspend the license until the federal government and Norte Energia, the company in charge of the dam’s construction, complied with their obligation to restructure the National Indian Foundation (FUNAI) of Altamira. However, a federal judge from TRF1 decided today that this decision disproportionately “affects the public interest, causing grave repercussions on the economy and public order.” Another argument presented was that the suspension would prevent the implementation of various plans designed to benefit indigenous peoples. “This is yet another attack on the rights of the affected indigenous communities. The decision manipulates the arguments of public interest, order, security and the economy, and then uses the plans – which should have been implemented when the previous license was granted in 2010 – to justify why it is not possible to suspend the operating license. The bottom line is that the operating license never should have been granted in the first place without the fulfillment of those plans,” said María José Veramendi, AIDA attorney. For more information, please consult the factual record of the case and the latest news about our case before the IACHR.
Read more
IACHR opens case against Brazil for human rights violations related to Belo Monte Dam
Para português, clique aqui Four years after civil society organizations filed their original petition, the Commission opens the case, asking the Brazilian government to respond to allegations of human rights violations stemming from the hydroelectric project under construction in the Brazilian Amazon. Washington D.C., United States. As the first reservoirs of the Belo Monte Dam are being filled, the Brazilian government is coming under fire from international organizations. On December 21, the Inter-American Commission on Human Rights (IACHR) opened a case against Brazil, which was challenged by affected communities represented by the Interamerican Association for Environmental Defense (AIDA), Justiça Global and the Sociedade Paraense de Defesa de Direitos Humanos (SDDH). After an initial review lasting four years, and several requests for fast tracking the case by the petitioners, the Commission finally determined that the petition contains sufficient grounds to open the case, which means that Brazil must respond to the claims of human rights violations caused by Belo Monte. “We hope and believe that now is the time for Brazil to respond comprehensively to our claims about: the absence of consultation and free, prior and informed consent of affected indigenous communities; the lack of participation and adequate assessment of environmental impact; and the forced displacement and violations of the rights to life, health, integrity and justice of indigenous peoples, riverine communities, and residents of the city of Altamira,” said María José Veramendi Villa, AIDA attorney. Based on Brazil’s response, the Commission will then determine if requirements have been met to have the case admitted and, if so, to establish whether or not the project caused the alleged human rights violations. “The opening of the case is, above all, a victory for the affected communities and local social movements, who have endured for all these years, and remain strong and determined in their search for justice and reparation,” said Raphaela Lopes of Justiça Global. This past November, the Brazilian Institute of the Environment and Renewable Resources (IBAMA) authorized Belo Monte’s operating license, which allowed the dam’s reservoirs to be filled. IBAMA did so despite the fact that Norte Energía, the company in charge of the project, failed to comply with the conditions necessary (potable water and sanitation, among others) to guarantee the life, health and integrity of affected populations. By opening the case for processing, the Commission is using all available tools to monitor the situation surrounding Belo Monte. Indigenous communities affected by the dam have been protected by precautionary measures that the Commission authorized in 2011, which Brazil has yet to meet. In early December, the United Nations Working Group on Business and Human Rights visited Altamira, the city closest to the Belo Monte project and one of the areas most affected by displacement and socio-environmental conflicts caused by the dam’s construction. There, they met with affected groups, among them members of indigenous and riverine communities, listening to their complaints. After their visit, the Working Group issued a statement that, among other things, urged the Brazilian government to respect human rights, not sacrifice them for economic development. The Working Group is expected to present the final report of their visit to the Human Rights Council in June 2016. It is our hope that they conduct an adequate follow-up to their visit, and that the report they produce is explicit regarding both the human rights violations surrounding Belo Monte, and the actions of the Brazilian government and the companies involved. As organizations representing the victims of Belo Monte, we will continue to press Brazil to respond to the human rights violations directly caused by the dam’s construction.
Read more
To cool the planet, fracking must be prohibited, organizations say
In the framework of COP21, a coalition of Latin American civil society organizations is urging world leaders meeting in Paris to ban fracking in their countries. By emitting large quantities of greenhouse gases, the process itself goes against the central objective of the climate negotiations: stopping global warming. Paris, France. In a public statement directed at Member States of the United Nations Framework Convention on Climate Change, organizations and allies of the Latin American Alliance On Fracking asked that all fracking activities be banned due to the fact that, among other impacts, hydraulic fracturing emits greenhouse gases that contribute to global warming. During the cycle of extracting, processing, storing, transferring, and distributing unconventional hydrocarbons using fracking, methane gas is released into the atmosphere. Methane is 87 times more powerful than carbon dioxide as an agent of global warming, the group explained in their statement. The document will be presented this Friday December 11 at 10 a.m. (local time) at the Climate Action Zone by: Alianza Mexicana contra el Fracking; Asociación Ambiente y Sociedad; the Inter-American Association for Environmental Defense (AIDA); Food & Water Watch; Freshwater Action Network Mexico; the Heinrich Böll Foundation – Mexico, Central America and the Caribbean; Instituto Brasileiro de Analises Socias e Economicas (IBASE); and Observatorio Petrolero Sur (OpSur). The organizations discuss the current state of hydraulic fracturing in Latin America. Although the use of the experimental technique is contrary to national and international commitments to reduce emissions, several countries in the region – among them Mexico, Colombia, Argentina, Chile and Bolivia – have begun exploration or exploitation of unconventional hydrocarbons through fracking. “Fracking is advancing blindly in Latin America, with no comprehensive long-term studies on the risks and serious damage that it could cause to the health of people and the environment,” said Ariel Pérez Castellón, attorney at AIDA. “Operations of this kind in the region have failed to respect fundamental human rights, including the right to consultation and free, prior and informed consent; the right to participation and social control; and the right to information,” added Milena Bernal, attorney with the Asociación Ambiente y Sociedad. According to the organizations, fracking is advancing quickly into indigenous and rural communities, urban neighborhoods, and even Natural Protected Areas. It has caused the displacement both of people and of productive activities such as farming and agriculture, because their coexistence with this technique is impossible. Rejection of fracking has grown in parallel with its spread in operations. “The proof of this resistance are the national and international networks opposing this technique, including more than 50 municipalities that have banned it in Argentina, Brazil and Uruguay,” said Diego di Risio, researcher at Observatorio Petrolero Sur. “As part of our statement, we urge the Member Parties of the Convention to: sign a binding agreement that quickly and effectively reduces greenhouse gases and incorporates human rights into the legal text; apply the precautionary principle to ban fracking; and promote renewable energies and disincentivize the extraction of fossil fuels,” stated Claudia Campero Arena, researcher at Food & Water Watch, and Moema Miranda, director of Ibase. Read the full statement from the Latin American Alliance on Fracking here. Event “The fight against fracking in Latin America: experiences in Argentina, Bolivia, Colombia, Brazil and Mexico” Simultaneous translation in English and French Friday December 11, 2015 Climate Action Zone Centquatre, 5 rue Curial, Paris (Métro Riquet)
Read more
Climate initiatives must not include large hydropower projects – NGOs
In a global manifesto released today, a coalition of more than 300 civil society organizations[i] from 53 countries called on governments and financiers at the Paris climate talks to keep large hydropower projects out of climate initiatives such as the Clean Development Mechanism, the World Bank’s Climate Investment Funds, and green bonds. Large hydropower projects emit massive amounts of methane, make water and energy systems more vulnerable to climate change, and cause severe damage to critical ecosystems and local communities. Including them in climate initiatives crowds out support for true climate solutions such as wind and solar power which have become readily available, can be built more quickly than large dams and have a smaller social and environmental footprint. “Particularly in tropical regions, hydropower reservoirs emit significant amounts of greenhouse gases, comparable to the climate impact of the aviation sector”, said Peter Bosshard, interim Executive Director of International Rivers. “For environmental, social and economic reasons, large hydropower projects are a false solution to climate change.” “Large hydropower projects have serious impacts on local communities and often violate the rights of indigenous peoples to their lands, cultural integrity and free, prior informed consent”, said Joan Carling, Secretary General of the Asia Indigenous Peoples Pact (AIPP). “The resistance of dam-affected communities has often been met with egregious human rights violations.” “Hydropower dams make water and energy systems more vulnerable to climate change,” said Himanshu Thakkar, the founder of the South Asia Network on Dams, Rivers and People (SANDRP). “Dam building has exacerbated flood disasters in fragile mountain areas. At the same time more extreme droughts increase the economic risks of hydropower, and have greatly affected countries that depend on hydropower dams for most of their electricity.” “Wind and solar power have become readily available and financially competitive, and have overtaken large hydropower in the addition of new capacity,” said Astrid Puentes, co-Executive Director of the Interamerican Association for Environmental Defense (AIDA). “The countries of the global South should leapfrog obsolete dam projects and promote energy solutions that are gentle to our climate, our environment and the people that depend on it.” Background Large hydropower projects are often propagated as a “clean and green” source of electricity by international financial institutions, national governments and other actors. They greatly benefit from instruments meant to address climate change, including carbon credits under the Clean Development Mechanism (CDM), credits from the World Bank’s Climate Investment Funds, and special financial terms from export credit agencies and green bonds. The dam industry advocates that large hydropower projects be funded by the Green Climate Fund, and many governments boost them as a response to climate change through national initiatives. For example, at least twelve governments with major hydropower sectors have included an expansion of hydropower generation in their reports on Intended Nationally Determined Contributions (INDCs). Support from climate initiatives is one of the main reasons why more than 3,700 hydropower dams are currently planned and under construction around the world. Further information The civil society manifesto, Ten Reasons Why Climate Initiatives Should Not Include Large Hydropower Projects, is available here. The new video, A Wrong Climate for Damming Rivers, is available at https://youtu.be/UnG_b6egjFk. The following launch events for the manifesto and video will be held in Paris this week: Saturday, December 5th, 12 pm: Press Conference with indigenous leaders and human rights defenders at the International Rights of Nature Tribunal (Maison des Métallos, 94 Rue Jean-Pierre Timbaud, 75011). December 5th, 6 pm - The manifesto and video will be presented at event hosted by the Bianca Jagger Human Rights Foundation (Galerie Thaddaeus Ropac Paris Pantin, Salzburg, 69, Avenue Du Géneral Lecler, 93500, Pantin). Journalists interested in attending should send a request via e-mail by end-of-day December 3rd to: [email protected]. [i] Sponsors: Asia Indigenous Peoples Pact, Asociación Interamericana para la Defensa del Ambiente, Amazon Watch, Bianca Jagger Human Rights Foundation, Carbon Market Watch, France Liberte, International Rivers, Jeunes Volontaires pour l'Environnement International, Oxfam International, REDLAR, Ríos Vivos, Rivers Without Boundaries; South Asia Network on Dams, Rivers and People and Urgewald.
Read moreIf we want to cool the planet, fracking must be banned
Statement from the Latin American Alliance On Fracking at COP21: The goal of the 21st Conference of Parties of the United Nations Framework Convention on Climate Change is to reach an effective agreement that will reduce greenhouse gas emissions to a level consistent with both the rights and opportunities of present and future generations, and the conservation of the environment. This requires national policies and actions consistent with international commitments on climate change and human rights, and which respect the Sustainable Development Goals. Fracking to extract unconventional hydrocarbons is contrary to all of the above commitments, and will actually increase the impacts of climate change – which is why the controversial practice must be banned. During the cycle of extracting, processing, storing, transferring and distributing unconventional hydrocarbons, methane gas – 87 times more powerful than carbon dioxide as an agent of global warming – is released in the atmosphere. The release of methane contributes to global warming at a time when we should be taking any measures necessary to stop it: “within a period of 20 years, the footprint of natural gas released from shale deposits is worse than that of carbon or oil.”[1] If we continue with the concept of development based on the exploitation of fossil fuels, without first taking into account the rights and needs of communities, it will be impossible to conserve a planet that upholds the well being of present and future generations. The unconventional hydrocarbons extracted from the earth by fracking should not be considered transition or clean energies, since both greenhouse gas emissions, and the risks and damages posed to the environment and public health, are very high.[2] Fracking in Latin America We believe that the experience of fracking in Latin America should stimulate global discussion. Despite the particularities with which fracking has advanced on the continent, many similarities have emerged between cases in Mexico, Colombia, Chile, Bolivia and Argentina. Fracking is advancing blindly in Latin America. The basic human rights of affected communities are being ignored, including: the right to consultation and free, prior and informed consent; the right to participation and social control; and the right to information.[3] Governments of the region have failed to apply the precautionary principle, which should be applied considering the serious risks fracking creates for the health of people and the environment, and the uncertainty surrounding the scope and extent of damage it can cause. National laws have been modified based on corporate demands to open the door to the exploitation of unconventional hydrocarbons through fracking. The Mexican energy reform (2013) and the new law on hydrocarbons in Argentina (2014) are clear examples of this. Fracking in the region has developed without any comprehensive, long-term studies on the risks and damages it causes to the health of people and the environment. With the exception of Mexico, the countries of the region lack their own studies of unconventional hydrocarbon reserves that could verify the figures estimated by the U.S. Energy Information Administration. Across the continent, fracking has advanced on indigenous and rural communities, urban neighborhoods and even Natural Protected Areas. It has resulted in the displacement of people and productive activities such a livestock and agriculture, whose coexistence with the technique is impossible.[4] In parallel, complaints and damages have multiplied in response to fires, spills, and explosions; the toxic pollution of water, air and soil; the loss of radioactive substances into wells; and the mismanagement of water.[5] Throughout Latin America, the rejection of fracking has grown. Proof lies in the national and international networks of opposition; the more than 50 communities and municipalities that have banned fracking within their territories in Argentina, Mexico, Brazil and Uruguay;[6] and the suspension of fracking operations through judicial actions in Brazil and Argentina. States should make commitments against fracking In the framework of the Paris Climate Talks, we urge Member States of the Convention to: Sign a binding agreement that efficiently and effectively reduces greenhouse gases to levels compatible with the rights and opportunities of present and future generations, and conservation of the environment. Apply the precautionary principle as a legal and ethical imperative of action to address high-risk situations in a context of scientific uncertainty, in this case banning fracking in countries where it has been initiated or interest in it shown. Conduct objective and independent scientific studies about the risks and impacts of fracking on health, the environment and productive processes, with a long-term goal of ensuring the rights of present and future generations. Where impacts have been confirmed, States should guarantee that companies take responsibility for the damages done and, primarily, for the restoration of the affected environment, even in cases where their contract has ended. Strengthen a policy of energy diversification and the reduced rationalization of energy consumption, which includes the promotion of renewable energies and discourages the extraction of fossil fuels, consistent with principles and rights related to transparency, participation and free, prior and informed consent. On behalf of the Latin American Alliance On Fracking, we warn of the risks and severe damage that the exploration and exploitation of unconventional hydrocarbons can cause to the people and environment of our countries. Fracking is an experimental technique and neither governments nor companies should conduct experiments at such a high risk to the life and health of people and the environment. [1] Food and Water Watch, “The Urgent Case for a Ban on Fracking,” February 2015, http://www.foodandwaterwatch.org/sites/default/files/urgent_case_for_ban_on_fracking.pdf and Robert Howarth and Anthony Ingraffea, “Should fracking stop?” in: Nature, September 15, 2011, vol. 477, p. 272. http://www2.cce.cornell.edu/naturalgasdev/documents/pdfs/howarth%20nature.pdf [2] Robert Howarth “A bridge to nowhere: methane emissions and the greenhouse gas footprint of natural gas,” April 2014, http://onlinelibrary.wiley.com/doi/10.1002/ese3.35/pdf [3]Alianza Latinoamericana frente al Fracking, “Avance ciego del fracking en América Latina” (infographic), September 2015, http://www.opsur.org.ar/blog/2015/09/04/mapa-del-fracking-en-america-latina-2/ [4] OPSur “Alto Valle Perforado” (Ed. Jinete Insomne, 2015) [5] Pablo Bertinat et al; “20 Mitos y Realidades del Fracking,” 2014, http://www.rosalux.org.ec/attachments/article/819/20_Mitos_LIBRO_FRL_PRINT.pdf [6] Alianza Latinoamericana frente al Fracking, “Avance ciego del fracking en América Latina” (infographic), September 2015, http://www.opsur.org.ar/blog/2015/09/04/mapa-del-fracking-en-america-latina-2/
Read more
Brazil authorizes operation of the Belo Monte Dam, disregarding the rights of affected communities
The environmental authority granted the project’s operating license, ignoring evidence of noncompliance with conditions necessary to guarantee the life, health and integrity of indigenous and other affected populations. Altamira, Brazil. The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) today authorized the Belo Monte Dam’s operating license, which allows the dam’s reservoirs to be filled. The authorization was granted despite clear noncompliance with conditions necessary to guarantee the life, health and integrity of affected communities; the same conditions that IBAMA called essential in its technical report of September 22. IBAMA’s decision makes no reference to conditions needed to protect affected indigenous peoples. “We can’t believe it,” said Antonia Melo, leader of Movimiento Xingú Vivo para Siempre, who was displaced by the dam’s construction. “This is a crime. Granting the license for this monster was an irresponsible decision on the part of the government and IBAMA. The president of IBAMA was in Altamira on November 5 and received a large variety of complaints. Everyone – riverside residents, indigenous representatives, fishermen, and members of the movement – talked about the negative impacts we’re living with. And now they grant the license with more conditions, which will only continue to be violated.” In an official letter to IBAMA on November 12, the president of the National Indian Foundation (FUNAI) concluded that conditions necessary for the protection of affected indigenous communities had clearly not been met. However, he gave free reign for the environmental authority to grant the operating license “if deemed appropriate.” “The authorization clearly violates Brazil’s international human rights commitments, especially with respect to the indigenous communities of the Xingú River basin. Those affected populations are protected by precautionary measures granted in 2011 by the Inter-American Commission on Human Rights, which the Brazilian government continues to ignore,” said María José Veramendi, attorney with the Interamerican Association for Environmental Defense (AIDA). The license allows for the filling of two of the dam’s reservoirs on the Xingú River, an Amazon tributary. It is valid for six years and is subject to compliance with certain conditions; progress will be monitored through semiannual reports. Such conditions should have been met before the dam’s license was even considered, let alone granted. “Environmental licensing is a way to mitigate the effects, control damage and minimize the risks that the dam’s operation entails for the community and the environment. By disrespecting and making flexible the licensing procedures, the government is allowing economic interests to prevail and ignoring its duty to protect the public interest,” said Raphaela Lopes, attorney with Justiça Global. AIDA, Justiça Global, and the Para Society of Defense of Human Rights have argued on both national and international levels that the conditions needed for Belo Monte to obtain permission to operate have not been met. The project must still guarantee affected and displaced populations access to essential services such as clean water, sanitation, health services and other basic human rights. “The authorization of Belo Monte, a project involved in widespread corruption scandals, contradicts President Rousseff’s recent statement before the United Nations, in which she declared that Brazil would not tolerate corruption, and would instead aspire to be a country where leaders behave in strict accordance with their duties. We hope that the Brazilian government comes to its senses, and begins to align its actions with its words,” said Astrid Puentes Riaño, co-director of AIDA. The green light for Belo Monte couldn’t have come at a worse moment. On November 5th, two dams impounding mine waste—owned by Samarco, a company jointly overseen by Vale and BHP Billiton—broke in the city of Mariana, Minas Gerais, causing one of the greatest environmental disasters in the country’s history. A slow-moving flood of mud and toxic chemicals wiped out a village, left 11 dead and 12 missing, and affected the water supply of the entire region, destroying flora and fauna for hundreds of miles around. The toxic flood has since reached the sea. The company’s operating licenses had expired two years ago. Approval of Belo Monte’s operating license comes just six days before the start of the Paris climate talks, the most important meeting of the United Nations Framework Convention on Climate Change in recent history. Once in operation, Belo Monte will emit greenhouse gases including carbon dioxide and methane; as the world’s third-largest dam, it will become a significant contributor to climate change. By authorizing Belo Monte, the government of Brazil is sending a terrible message to the world. Ignoring its international commitments to protect human rights and mitigate the effects of climate change, the government is instead providing an example of how energy should not be produced in the 21st Century.
Read more
NGOs testify before IACHR regarding violation of the right to water by extractive activities
In a hearing before the Commission, advocates explained how extractive activities, especially mining and energy projects, restrict individual and community water use. They also documented the failure of states to protect the right to water and effectively control companies and projects that affect this right. Washington, DC, United States. Civil society organizations[i] drew the attention of the Inter-American Commission on Human Rights (IACHR) to the growing pressure to use natural resources for the development of extractive activities in the Americas, including the construction of dams and mining projects. They did so at a hearing in which they showed how this situation has resulted in the systematic violation of the right to water in the region. "We have identified four patterns that characterize this problem: the use of judicial frameworks that favor the appropriation of water resources for extractive projects, ownership of the resource that favor its use for mining projects over human use and consumption, pollution and deterioration of water sources, and the lack of consultation and free, prior and informed consent in the implementation of these projects," explained Maria José Veramendi Villa, lawyer from the Interamerican Association for Environmental Defense, at the beginning of the hearing. The organizations presented cases of appropriation, pollution and irreversible damage to water sources due to the implementation of extractive projects. This situation not only affects water rights but also infringes upon other rights such as health, decent life, integrity, healthy environment, food and culture. The participating organizations noted the impacts both on individuals and communities that are in areas directly influenced by projects for which there was no prior consultation, as well as for those who are outside of the immediate project area but depend on affected water sources for their livelihood. Such cases have been documented extensively in a report that was delivered to the IACHR. "In Argentina, the exploitation of the Alumbrera mine has caused the leakage of toxic waste into three rivers and, although a court case on the pollution is open, measures to effectively remediate the damage have yet to be taken. We are concerned that none of our countries are implementing plans to prevent additional damage, nor are they taking measures to remediate the cumulative damage from the pollution," said Johana Rocha, of the Centro de Estudios para la Justicia Social “Tierra Digna” of Colombia. The hearing before the IACHR highlighted the failure of States in the region to implement effective measures to ensure the right to water. The participating organizations reported that existing legal frameworks favor the appropriation of water for mining projects over the use and human consumption. They also explained the failure of national mechanisms to control and monitor the performance of companies that implement extractive projects - a situation which allows them to continue to commit gross violations of human rights. "We have found a contradiction in the States' obligations to protect and guarantee the right to water, which has been incorporated into their Constitutions and legislation. They instead give preference to corporations, thus denying the right to water of the communities," stated Pedro Landa, of the Equipo de Reflexión, Investigación y Comunicación de la Compañía de Jesús (ERIC-SJ) of Honduras. Raphaela Lopes, of Justiça Global, spoke of the easing of legal frameworks, which violates human rights. "With the energy reform recently approved in Mexico, for example, the right to water is undermined in favor of hydrocarbons and electricity." Lastly, the organizations asked the IACHR, among other things, to reaffirm at a national level the recognition of water as a human right; to consider the importance of water as a fundamental element to the right to a healthy environment; to remind States of their obligations to protect the rights to water and environment above any extractive activity or infrastructure; to highlight the obligation of the states to effectively control the activities that could affect the right to water, including the companies that operate within their territory and the national companies that operate externally; and to remind states of the importance of the right to free, and prior, informed consent before the implementation of any project. [i] Acción Solidaria para el Desarrollo (COOPERACCIÓN) – Perú, Asociación Interamericana para la Defensa del Ambiente (AIDA) – Regional, Asociación Pro Derechos Humanos (APRODEH) – Perú, Bienaventurados los Pobres (BePe) - Colectivo SumajKawsay – Argentina, Centro de Acción Legal Ambiental y Social (CALAS) – Guatemala, Centro de Derechos Humanos “Bartolomé Carrasco Briseño A.C.” (BARCA-DH) – México, Centro de Estudios para la Justicia Social ‘Tierra Digna’ – Colombia, Centro de Incidencia Ambiental (CIAM) – Panamá, Centro de Investigación sobre Desarrollo y Comercio (CEICOM) – El Salvador, Comité de Unidad Campesina (CUC) – Guatemala, Comitê Nacional em Defesa dos Territórios frente a Mineração – Brasil, Equipo de Reflexión, Investigación y Comunicación de la Compañía de Jesús (ERIC-SJ) – Honduras, Fundación para el Debido Proceso Legal (DPLF) – Regional, Grupo Internacional de Trabajo sobre Asuntos Indígenas (IWGIA) – Regional, Justiça Global – Brasil, Observatorio Ciudadano – Chile, Pensamiento y Acción Social (PAS) – Colombia, y Pax Christi – Internacional.
Read more