Press Center
Statement from AIDA and APRODEH on the International Arbitration Ruling in La Oroya
The Peruvian government must adequately address the environmental, public health and employment situation in La Oroya. Lima, Peru. On Monday the International Center for the Settlement of Investment Disputes (ICSID) ruled in favor of the Peruvian government in a case involving the Metallurgical Complex of La Oroya. As organizations representing residents in La Oroya, the Interamerican Association for Environmental Defense (AIDA) and the Asociación Pro Derechos Humanos (APRODEH) welcome the decision, which terminates the legal proceedings against the State. The Renco Group, owner of Doe Run Peru, operator of the smelter in La Oroya, initiated arbitration after the Peruvian government claimed the company failed to comply with its environmental commitments. ICSID, a World Bank-sponsored institution, dismissed Renco’s claim due to lack of jurisdiction. While AIDA and APRODEH celebrate this positive news for the government of Peru, it is our hope that, as a result of this decision, the State concentrates its efforts on providing a sustainable solution to the vast contamination in La Oroya, and that it prioritizes the health, environment and employment situation of residents there. We also urge the government to fully comply with the precautionary measures the Inter-American Commission on Human Rights granted in 2007, and extended in 2016, in favor of a group of residents affected by the pollution. Peru also must accept its international responsibility for the human rights violations committed against the inhabitants of La Oroya in the case that is pending before the Commission. Regarding the decision, AIDA Co-Director Astrid Puentes said: “For years we have worked to dismiss the false premise that our demand for the safe and responsible operation of the Metallurgical Complex of La Oroya somehow violates the rights of workers. Doe Run Peru—or any company—can and must operate the smelter in a way that also protects and respects the basic human rights to life and health, for the workers as well as the entire population of La Oroya.”
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AIDA condemns threats to environmental defenders in Tolima, Colombia
As a regional organization, we call on the Colombian government to immediately adopt measures to guarantee the life and integrity of at-risk activists. The Interamerican Association for Environmental Defense (AIDA) categorically condemns threats made against the Youth Socio-Environmental Collective of Cajamarca, Colombia (Cosajuca). On July 8, the organization—which forms part of the Environmental Committee of Cajamarca and the Network of Environmental Committees of Tolima—received a document containing death threats, only the most recent of a series of intimidations to which its members have been subject. The urgency of addressing this situation comes light of a larger problem in Colombia and across the region. In their most recent report, the international NGO Global Witness identified Colombia as the third most dangerous country in the world to be an environmental defender; 26 deaths were registered there in 2015. AIDA calls on the government of Colombia to guarantee the life, liberty and physical integrity of the members of Cosajuca. We also urge the establishment of a safe space for these environmental defenders to do their work, and a prompt investigation into the threats made against them. Freedom of expression and association are fundamental to the rule of law and a democratic society. Access to information, participation and the search for environmental justice are legitimate activities protected by the Constitution and the international legal treaties to which Colombia is a party. Cosajuca exercises those rights by promoting a popular referendum against mining contamination in the town of Cajamarca, and the department of Tolima, where large-scale gold mining operations are being planned. The harassment and murder of environmental defenders is pervasive throughout Latin America, which, according to the Global Witness report, is home to two-thirds of the world’s murdered activists and seven of the ten deadliest countries to be an environmental defender.
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Peru must find a comprehensive and sustainable solution for La Oroya
We call on the President-elect of Peru to take into account, in any assessment of or decision about La Oroya, the rights of the population affected by the city’s severe pollution. La Oroya, Peru. On July 6, the President-elect of Peru, Pedro Pablo Kuczynski, visited the Metallurgical Complex of La Oroya (CMLO) and announced to its workers that it was necessary for the next Congress to approve a law to extend the deadline for liquidation of the Complex. This, he said, would give the company time to secure investors and finish the copper circuit. He also asked the workers and people of La Oroya to march on Congress to support his proposal. Reflecting on these public statements, the Asociación Pro Derechos Humanos (APRODEH) and the Interamerican Association for Environmental Defense would like to express the following: The city of La Oroya deserves the full attention of all levels and sectors of government to resolve in a comprehensive, specialized and sustainable way the demands of the population that, at various times in its history, has suffered, and continues to suffer, violations of their basic human rights, including the right to life, health, integrity, work and a healthy environment. Regarding the right to work, La Oroya requires a deep assessment that permits the State to propose and implement not only remedial actions, but also actions that will guarantee decent and lasting work that will sustain adequate living conditions for the entire population. No action can resolve the underlying problem in La Oroya if it does not provide a guarantee of public health for residents. In that regard, we would like to remind the President-elect that since 2007 a group of residents from La Oroya have been the beneficiaries of precautionary measures granted by the Inter-American Commission on Human Rights that safeguard their life and personal integrity before the impacts of highly polluted air, soil and water. In May 2016, the Commission extended those precautionary measures to include new beneficiaries. In the corresponding resolution, the Commission stressed that harm to the health of the beneficiaries is exacerbated due to the lack of comprehensive medical care offered by the State. Its also worth noting that a case is pending before the Commission which seeks to hold the Peruvian government responsible for the violations to the population’s basic rights to life, health, and integrity—as well as to the rights of children—due to the lack of control of pollution in La Oroya and the lack of effective medical care for those affected by it. We call on the President-elect to take into account, in any evaluation or decision on La Oroya, the rights of the population affected by the pollution. This should be done responsibly and with a comprehensive vision that guarantees the rights to life, health, work, and a healthy environment. It is inconceivable to favor the development of any economic activity over the health of the people. The incoming government faces the challenge of finding a comprehensive and sustainable solution for La Oroya, one that fully respects Peru’s national and international obligations to human rights and the environment.
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Statement on the murders of environmental defenders in Honduras and Brazil
Threats to, as well as the intimidation, harassment and murder of environmental defenders must stop now! Yesterday we learned of the senseless murder of Lesbia Yaneth Urquía Urquía, a defender of the environment and indigenous rights who fought against the construction of the Aurora I dam in La Paz, Honduras. In a similar tragedy in Brazil, last month authorities found the lifeless body of Nilce de Souza Magalhães, a recognized leader of the Movement of People Affected by Dams (MAB), who worked for the rights of Amazon communities affected by large dams, predatory fishing practices and other threats. Both instances reinforce a tragic trend in Latin America, a region home to seven of the ten most dangerous countries in the world for environmental defenders. According to Global Witness, 185 environmental activists were assassinated worldwide in 2015; two thirds of them were from Latin America. Now, more than ever, it’s time to call for accountability. Lesbia Yaneth worked in alliance with the Council of Popular and Indigenous Organizations of Honduras (COPINH), and her death comes just four months and four days after the assassination of the Council’s leader, Berta Cáceres. Nilce disappeared in January, her body finally discovered on June 21 in the lake formed by the Jirau dam, against which she had fought in defense of the rights of her community. Regarding these unfortunate deaths, María José Veramendi Villa, senior attorney of AIDA’s Human Rights and Environment Program, said: “The increasing rate of murder of environmental defenders in Latin America is alarming. States must guarantee a favorable environment in which people can safely perform their work to protect the natural world. States must also investigate and appropriately punish those responsible for these violent acts. The murders of those who bravely defend the environment must not go unpunished. Threats to, as well as the intimidation, harassment and murder of environmental defenders must stop now!”
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Victims of business-influenced human rights violations face obstacles to achieving justice
The asymmetry of power between companies and affected people, among other factors, makes access to justice difficult in the Americas. Organizations provided detailed information on this problem during a hearing before the Inter-American Commission on Human Rights (IACHR). Santiago, Chile. Across the Americas, people and communities whose human rights have been violated by business activities face obstacles when exercising their right to access justice and achieve reparations for damages done. They are often confronted with criminalization, harassment and threats. Among other reasons, the situation reflects the reality that, in many countries, businesses are not properly controlled and may even receive government incentives to continue operations, despite the fact that they violate human rights. In a hearing before the Inter-American Commission on Human Rights, civil society organizations[1] demonstrated, through emblematic cases in South America, that this is a problem that happens throughout the region. One of these cases occurred in Brazil on November 5, 2015, when a dam of mining waste owned by Samarco burst in the Río Doce basin. The rupture caused the worst socio-environmental disaster in the country’s history: tons of toxic sludge moved down the river, destroying homes, schools, crops and livestock on its slow and deadly path to the Atlantic Ocean. The government and the company have since closed the case on the disaster, after reaching a settlement in which the victims were not even able to participate. “I lived a quiet life. I never would have expected to see what I saw, to witness families destroyed. We need employment, but we need it responsibly, not in a way that ends up killing people. We are asking for help now, because we can’t let these companies do whatever they want. If this Commission can help us, we would be grateful,” said Antonio Gregorio Santos, a victim of the case in Brazil. In the hearing, the organizations also referred to the case of Southern Peaks Mining, financed by the British-owned Barclays Bank, in which they are accused of breaching agreements with Mala communities in Peru. Here the victims found persecution and illegal detention in their search for justice. “We have identified various barriers to access to justice for the victims. Some—such as socio-economic, cultural and linguistic barriers—were identified in the Commission’s Report on indigenous peoples, afro-descendent communities and extractive industries,” said María José Veramendi Villa, attorney at the Inter-American Association for Environmental Defense, one of the petitioning organizations at the hearing. “Many obstacles are exacerbated in disputes with companies due, in large part, to the sharp asymmetry that exists in this relationship, expressed, for example, in political interference on the part of companies and in the lack of adequate independent safeguards for judicial power in many countries of South America.” The organizations requested that the Commission remind the States of their obligation to guarantee access to justice for those who have suffered human rights violations at the hands of companies, and urge them to strengthen domestic legislation accordingly. They also requested that the Commission develop binding standards regarding business and human rights in its rulings on petitions and individual cases—as well as in its thematic reports—in particular with regards to access to redress mechanisms. Finally, they highlighted the work of those who defend human rights against the actions of companies and reminded States that they must provide adequate conditions for their operation. [1] Interamerican Association for Environmental Defense (AIDA, regional); Centro de Información sobre Empresas y Derechos Humanos (CIEDH, regional); Centro por la Justicia y el Derecho Internacional (CEJIL, regional); Centro de Derechos Humanos y Ambiente (CEDHA, Argentina); Campanha para parar o poder das Corporações (Brasil); Justiça Global (Brasil); Pensamiento y Acción Social (PAS, Colombia); Project on Organizing, Development, Education, and Research (PODER, México); Fundar Centro de Análisis e Investigación A.C (México); Proyecto de Derechos Económicos, Sociales y Culturales (ProDESC, México); Centro Mexicano de Derecho Ambiental (CEMDA, México); Código DH - Comité de Defensa Integral de Derechos Humanos Gobixha (México) y Asociación Pro Derechos Humanos (Perú).
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Statement of AIDA, APRODEH and Justiça Global on the financial crisis affecting the Inter-American Commission on Human Rights (IACHR)
The organizations decry the affront to human rights in the region and urges members of the Organization of American States to fulfill their responsibility to adequately fund the Commission. Washington, DC, USA. The Inter-American Commission on Human Rights (IACHR) announced yesterday that a grave financial crisis has led to the suspension of site visits, the cancellation of hearings, and the imminent loss of 40 percent of its staff. The Commission is an autonomous organ of the Organization of American States (OAS). Its mandate is to promote the protection of human rights on the American continent. Together with the Inter-American Court on Human Rights, it forms the Inter-American System for the Protection of Human Rights, which is often the last hope for people and communities whose human rights have been violated and who have failed to find justice in their own country. The Commission called upon OAS Member States to provide funds promised for its operation, and to adopt “a historic and far-reaching decision, one that reflects the States’ commitment to the defense of human rights in the region” at the General Assembly in June. In response to this urgent situation, the Interamerican Association for Environmental Defense (AIDA), the Asociación Pro Derechos Humanos (APRODEH) from Peru and Justiça Global from Brazil, stated: “The imminent loss of nearly half the Commission’s staff is a serious threat to human rights in the region and reflects the lack of political will of Member States to support the Inter-American Commission’s mandate. “Thousands of victims of human rights violations in the hemisphere have placed their trust and their last hopes for justice in the Commission. This is the case for people poisoned by heavy metals in La Oroya, Peru, as well as for communities that have lost their way of life due to the Belo Monte Dam in Brazil. Both groups have cases long pending before the Commission, and bravely continue to seek justice for the violation of their rights. “By not properly financing an organization that they themselves created, the States are establishing another obstacle for these people in their search for justice. “We call on Member States of the OAS to make a voluntary emergency contribution that will allow the Commission to keep its staff, make its planned visits, and undertake the hearings planned for July and October. “The States of the region have a responsibility to the Inter-American System. It is our hope that they honor it, not through speeches and resolutions filled with good intentions, but with concrete actions and immediate financing.”
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IACHR urges Peru to protect 14 additional people affected by pollution in La Oroya
The Commission did so by extending the precautionary measures originally granted in 2007. The decision arrives six years after it was requested, and confirms the severity of health deterioration in La Oroya. It also confirms that the life and integrity of affected people are at risk, and require urgent and adequate protection by the Peruvian State. Washington DC, USA. The Inter-American Commission on Human Rights (IACHR) urged the Peruvian government to protect the life and integrity of 14 additional people affected by toxic pollution in the city of La Oroya. They join the 65 people already protected by precautionary measures granted by the international body in 2007. The decision reaffirms that the health of the beneficiaries has deteriorated severely, they continue to be at risk, and their government must provide prompt and adequate care. The Interamerican Association of Environmental Defense (AIDA)—together with the Asociación Pro Derechos Humanos (APRODEH), the Centro de Derechos Humanos y Ambiente (CEDHA) and Earthjustice—represents the victims who benefit from the precautionary measures before the Commission. We express our satisfaction with the Commission’s decision, which arrives six years after it was originally requested. A metal smelter operated by Doe Run Peru is the source of the heavy metal contamination in La Oroya. The Commission has established that the lack of integral and specialized medical care, as well as health deterioration over time, could affect the right to life and integrity of the beneficiaries of the precautionary measures, which now number 79. “The extension of the precautionary measures reaffirms the urgent and serious situation threatening the life and integrity of the people of La Oroya. We hope the State fully complies with the provisions in favor of all of the beneficiaries, providing them with adequate and specialized medical attention,” said María José Veramendi Villa, AIDA attorney. The Commission’s decision states that the government of Peru must conduct the medical evaluations necessary to determine the levels of lead, cadmium and arsenic in the blood of affected people, in order to provide them with appropriate medical care, in accordance with international standards. The government must also report on the actions taken to investigate the facts that led to the extension of the precautionary measures, in order to avoid their repetition. Our case on the human rights violations committed against the affected people remains pending the final decision of the Commission. AIDA and APRODEH expect that the report will hold the Peruvian government responsible for said violations.
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Mexico protects loggerhead turtles from the Don Diego mine
AIDA celebrates SEMARNAT’s decision to deny the environmental authorization of a marine phosphate mine proposed for Ulloa Bay, Baja California Sur. They found the measures the operating company presented to safeguard sea turtles are based on inconsistent information. Mexico City, Mexico. The Secretary of Environment and Natural Resources (SEMARNAT) placed the protection of the loggerhead turtle, a threatened species, above the economic benefit of the Don Diego marine phosphate mine, proposed for Ulloa Bay in Baja California Sur. The environmental authority denied the authorization of the project proposed by Exploraciones Oceánicas after finding that the measures presented by the company for protecting loggerheads are based on inconsistent information. The Interamerican Association for Environmental Defense (AIDA) applauds SEMARNAT’s decision, which states that the economic benefits of the project “cannot prevail over the protection of the natural resources of Ulloa Bay,” especially when some of those, like the loggerhead turtle (Caretta Caretta), “are threatened species subject to strict standards of protection.” According to the Secretariat, it’s not easy to harmonize the safeguarding of sea turtle populations with an activity “that adds to existing anthropogenic pressure (resulting from human activity) in the area and increases the risk of extinction of the species, which is internationally recognized” (pg. 232 of SEMARNAT’s decision). AIDA presented arguments to SEMARNAT about the international obligations that Mexico would breach upon authorizing the project, as well as the insufficient information with which the company evaluated the environmental impact of the mine on marine ecosystems, and on which mitigation measures were based. According to the Secretariat, Exploraciones Oceánicas proposed a program for the monitoring of sea turtles that could better be described as one of “rescue,” which is not based on quantitative data of the loggerhead habitat. In addition, the company did not present prevention and mitigation measures to guarantee the availability of sufficient food, and its model for restoration of the seabed—which it seeks to dredge to extract phosphate—does not take into account the particular characteristics of Ulloa Bay (pgs. 225 and 226). SEMARNAT relied upon international standards to deny Don Diego’s environmental authorization. They drew upon Mexico’s obligations to protect its marine environment and to use the best possible scientific information in the protection of sea turtles, contained, respectively, in the United Nations Convention on the Law of the Sea (CONVEMAR) and the Inter- American Convention for the Protection and Conservation of Sea Turtles (CIT). More information 10 Things You Should Know About Don Diego
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AIDA statement on the signing of the Paris Accord
AIDA celebrates the first step toward the construction of a new planet. New York, USA. Today, on Earth Day, in the headquarters of the United Nations, the Paris Agreement opens for signatures. The signing of the accord by Member States of the UN Framework Convention on Climate Change is necessary to enable the treaty to quickly enter into force. The agreement lays out actions the world must implement to tackle climate change, the greatest threat humanity faces. The following is a statement by AIDA co-directors Astrid Puentes Riaño and Anna Cederstav: “Today we celebrate the historic signing of the Paris Agreement, a vital step and a new beginning in humanity’s efforts to tackle climate change. This accord, and its immediate signing and ratification by all nations, brings hope to our planet and for future generations. We recognize that the Agreement is not perfect, but we understand the complexity of nearly 200 countries reaching consensus on sensitive issues. The agreement is therefore a critical first step on the path toward ambitious and effective results. One of the Agreement’s noteworthy advances is the recognition that all climate actions must take into account and respect human rights and the rights of indigenous peoples, while also ensuring gender and intergenerational equality and a just transition of the workforce. The Agreement also recognizes the large gap that exists between the commitments made by States and the urgent measures needed to avoid catastrophic consequences, including the need for increased climate finance. We therefore hope that the celebration, speeches and official photographs will translate into prompt and effective action that goes beyond the agreements made in Paris last December. The Paris Agreement reflects a paradigm shift that is both necessary and possible. For Latin America and the Caribbean, highly affected and vulnerable regions, the Agreement presents a unique opportunity to achieve low-carbon development that prioritizes the protection of communities, people and ecosystems. AIDA has participated in the climate negotiations for many years as a Latin American voice. It makes us proud that our efforts, alongside those of the countless people and organizations with whom we’ve worked, have come to bear fruit. The signing of the Agreement today commits us to continuing our work to ensure compliance. Responding to climate change is everybody’s job, considering differentiated capabilities and responsibilities. States have an obligation to sign, ratify and immediately implement the Paris Agreement. International organizations, financial institutions and corporations must acknowledge their responsibility. And we, as individuals, must all examine our personal actions and how we can contribute to reducing climate change. Each and every contribution is essential to the adoption of real solutions that lead the way to a more just and sustainable world. The signing of the Paris Agreement today evidences important political will that must be translated, without delay, into concrete results. The most vulnerable and most severely affected countries cannot wait.”
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New law banning mining in Colombia’s páramos could draw its first lawsuit
The new law that bans mining in Colombia’s páramos took years to materialize, and was the product of multiple activist campaigns, lawsuits, and pressure from civil society to preserve one of the world’s most sensitive ecosystems. Last month, Colombia’s Constitutional Court approved a law that has no precent. It bans mining and oil exploitation –effectively blocking 473 already-existing concessions– in the country’s páramos. The law is expected to impact more than 300 mining operations in 25 moorlands, according to data from the National Authority of Environmental Licenses (ANLA). One of those companies is the Canadian transnational, Eco Oro. Its Angostura mine is located within the Santurbán moorland, in the Norte de Santander and Santander departments, within an area larger than 142,000 hectares. Santurbán includes five regional parks and a variety of species in danger of extinction, such as the condor (Vultur gryphus), the chirriador (Cisttothorus apollinari), the moorland duck (Anas flavirostris) and the curí (Cavia porcellus). On its website, the company has announced that it is “developing a multi-million ounce gold-silver deposit in Colombia.” Eco Oro has already completed more than 350,000 meters of drilling and 3,000 meters of underground development, thanks to an investment by the International Financing Corporation of the World Bank. Juan Orduz, president of Eco Oro’s board of directors, said back in 2014 –before the law was approved– that the company “has invested more than 240 million dollars in the region.”“It’s no secret that we’ve had many challenges and that we will keep having them. There’s always a new source of conflict, and even then, we’re going to keep coming up with strategies to keep working in this area,” said Orduz back then, when the demarcations for mining in Colombia’s páramos were an issue of conflict. In a recent press release, Eco Oro announced that it has the option of bringing the dispute to international arbitration and seeking “monetary compensation for the damages suffered” due to the new anti-mining law. “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,” said Carlos Lozano Acosta, an attorney with the Interamerican Association for Environmental Defense (AIDA). “States should not be sanctioned for protecting their water sources, given that they are doing so in accordance with national and international obligations.” According to data from the Institute of Biological Research Alexander Von Humboldt, half of the world’s páramos are in Colombia and are the source of 70% of the fresh water in the country, besides being an ecosystem essential for mitigating climate change. Their importance is especially acute right now, since Colombia is facing the El Niño climate phenomenon and going through one of the worst droughts in its history. Eco Oro’s critics explain that five years ago, Colombia’s Environment Ministry had denied the Angostura mine its environmental license. And now, the decision of the Constitutional Court reaffirms that decision, “finding that the right to water and the protection of the páramos (moorlands) takes precedent over the economic interests of companies trying to develop mining projects in these ecosystems.” That’s according to Miguel Ramos, from the Water Defense Committee and the Páramo of Santurbán (El Comité por la Defensa del Agua y el Páramo de Santurbán). The Committee has presented a complaint about the Angostura mining project to The World Bank, and hopes to receive a response in the next few months.
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