Press Center
Historic recommendation paves the way for development bank to exit harmful hydroelectric projects in indigenous territory
For the first time, a case brought before the Inter-American Development Bank’s (IDB) Independent Consultation and Investigation Mechanism (MICI) opens the possibility for the bank to responsibly exit financing granted to hydroelectric projects, after concluding that the investment was made without acknowledging the presence of indigenous peoples, thus violating the bank’s operational policies. Washington DC, United States. The Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank Group concluded that, within the framework of the financing granted to the Generadora San Mateo and Generadora San Andrés hydroelectric projects—located in the Yich K'isis micro-region, territory of the Native Maya Chuj Guatemala Nation—IDB Invest ignored the presence of indigenous peoples in the area by failing to verify their existence, thus ruling out the implementation of safeguards to protect them. MICI also established that the Bank failed to comply with several of its internal policies and, based on this, opened the possibility for a responsible withdrawal of the investment. These and other findings are contained in the case’s Final Report, approved by the IDB Board of Executive Directors, in which MICI resolved the complaint filed in 2018 by the affected communities—represented by the Ancestral Plurinational Government of the Maya Q'anjob'al, Maya Chuj, Maya Akateko, Maya Popti and Mestiza Native Nations; the Interamerican Association for Environmental Defense (AIDA); and the International Platform Against Impunity. Of the 29 recommendations issued in the report: 10 are aimed at institutional changes to avoid non-compliance with environmental and social safeguards in other IDB Invest operations; 18 are focused on implementing specific corrective actions to redirect the San Mateo and San Andrés projects; and one of them, number 29, opens the possibility for IDB Invest to withdraw its investment from the hydroelectric plants. "In case of exit from the Projects, IDB Invest should adopt the necessary provisions to ensure a responsible exit from Operations," the report reads. "Recommendation 29 is the most consistent with the findings of the Final Report and the one that best responds to the request that the communities have made since the beginning of the process: it is unsustainable for IDB Invest to finance projects that were developed in indigenous territories while ignoring their presence," said Liliana Ávila, senior attorney at AIDA. "In an effective accountability process, the bank must be held responsible for its mistakes and remedy the damage it has caused." This represents a milestone for the region, as it is the first time that MICI has made such a consistent recommendation regarding projects under investigation. The recommendation demonstrates improvements in the bank's accountability processes, increases opportunities for communities affected by IDB Group-financed projects, and sets a precedent for better financing practices. "The report sets a precedent for accountability in the region. It puts MICI and the compliance verification phase one step closer to responding to the requests and demands of affected communities," said Carolina Juaneda, Latin America Coordinator for the Bank Information Center. "Recommendation 29 is a novel and encouraging development, as it puts the requests and demands of the communities that have been negatively affected by the projects at center stage. Although there are still many challenges to continue working on, the report undoubtedly represents a clear and powerful step toward strengthening accountability in the region." For the communities, it is through full compliance with Recommendation 29 that their primary request may finally be answered. The bank’s divestment from the dams must incorporate a responsible, participatory and comprehensive withdrawal plan that respects the good faith consultation carried out in 2009, in which the communities decided not to carry out the such projects in their territory. The plan must include: 1) recognition and restoration of social and cultural damages caused; 2) respect for the rights of indigenous peoples and recognition and restoration of the damages generated; 3) recognition and restoration of the damages generated by the differentiated impacts on women; and 4) prevention, mitigation and restoration measures from an environmental perspective. "The measures proposed in Recommendation 29 should have been part of the project planning phase. By not having considered them in its initial phase, a series of impacts and damages to the community were generated," stated Mara Bocaletti, Regional Director of the International Platform Against Impunity. "Only a responsible exit process by the investors will be able to restore the conditions of credibility towards the accountability mechanisms of international financial institutions." Another of the communities' expectations is that the IDB Group will guarantee their access to information and participation in the following phases of the process, which would allow the effective guarantee of their rights and the improvement of the bank's protection strategies. "This report is very valuable because it recognizes the impacts generated by the projects and validates the complaints we have been making for years. It is an important report not only for us, but for all indigenous peoples in Guatemala," said Lucas Marcos, local authority. "The bank's responsible withdrawal from the projects will allow us to maintain our rivers and access to water for us and our families." In addition to non-compliance with the IDB's policy on indigenous peoples, MICI concluded that the development of the San Mateo and San Andres projects caused differentiated impacts on women, environmental impacts, increased conflict, and harm to the social fabric. It also found that the bank did not guarantee access to information for the communities. "It is a serious wrongdoing that the bank has prioritized the advancement of these projects despite failing to comply with its internal requirements, to the detriment of our life as communities and ignoring our presence as indigenous peoples," said Rigoberto Juarez, Coordinator of the Plurinational Government of the Maya Q'anjob'al, Maya Chuj, Maya Akateko, Maya Popti and Mestiza indigenous nations. "Our individual and collective rights cannot be undermined in the face of private interests; consequently, a responsible withdrawal is the least the bank can do in the face of the magnitude of the damages caused. We hope that this will not happen again in other cases, and that the bank will assume its responsibility to respect the rights of indigenous peoples." The outcome of this complaint, as well as the international attention surrounding the case, is the result of a process of organization and resistance undertaken by the Mayan men and women of Yich K'isis upon being faced with of the imposition of large-scale hydroelectric projects, developed without due diligence and without consultation. For years, they have been demanding respect for their ways of life, and the value they hold for their water and their culture. The MICI report, apart from supporting the allegations of the affected communities regarding the violations of their rights, also sets an important precedent for Guatemala. This decision should be taken into account on a national level to address the countless irregularities and rights violations denounced throughout the country in the context of the implementation of mega-development projects, specifically large dams. press contacts Victor Quintanilla (Mexico), AIDA, [email protected], +525570522107 Camila Castellanos, International Platform Against Impunity, [email protected]
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International Arbitration Tribunal rules in favour of a Canadian company and puts foreign investment above Colombia's legitimate right to protect Santurbán
Bucaramanga, Bogotá, Washington, Ottawa. National and international civil society organizations are widely rejecting the decision made by the International Centre for Settlement of Investment Disputes (ICSID) on September 10 in the case of Eco Oro v. Colombia, for at least three reasons: we consider that (i) it is inconsistent and reflects a profound ignorance of the socio-environmental complexity of the case; (ii) it is the result of an unfair and widely discretionary investment arbitration system that allows for arbitrary decisions made by those who oversee these cases and, (iii) increases the risk of further arbitrations being brought against the State of Colombia at the ICSID. ICSID is one of the institutions responsible for resolving disputes between States and international investors — in this case, within the context of the Canada-Colombia Free Trade Agreement. In the case of Eco Oro v. Colombia, the ICSID Tribunal concluded that, although the protection measures of the páramos adopted by Colombia were legitimate and did not constitute an expropriation of the rights of the Canadian company Eco Oro, its actions in the delimitation of the Páramo de Santurbán did violate the “minimum standard of treatment” to foreigners. The Tribunal has yet to decide on compensation for damages to Eco Oro and has asked both parties for more information to inform its decision. The Tribunal’s decision was the result of a process initiated by a supranational arbitration claim filed by the Canadian company Eco Oro against Colombia in 2016, which questioned the decisions made by the Colombian government to protect the páramos — the natural source of water for 70% of inhabitants. The Canadian investor [Eco Oro] intends to construct the Angostura gold mine in the Santurbán páramo, located in the northeast of the country. An inconsistent decision that ignores the socio-environmental complexities of the case. The majority of the Tribunal held that the decisions made by the Colombian government were in accordance with Colombian national law and were made with the legitimate aim of protecting the environment. In addition, the Tribunal recognized that the páramos are being threatened by both human intervention and climate change and that the possibility of their recovery from mining activities is very low, which is why it is necessary to protect them. As a result, the Tribunal rejected Eco Oro’s argument that the precautionary principle was not applicable, and pointed out that the Santurbán case was an example where it was, in fact, relevant. This was the grounds for rejecting one of Eco Oro’s claims that its rights had been indirectly expropriated by the State of Colombia. On the contrary, the Tribunal found that the measures adopted by the country were a legitimate exercise in environmental protection. However, when examining a second claim, the Tribunal explained that the inconsistency, hesitation and inaction of the State of Colombia in the delimitation of the Santurbán páramo had thwarted Eco Oro's investment expectations without any “apparent legitimate justification,” and had therefore not granted the investor "fair and equitable treatment" in accordance with the "minimum standard of treatment" for foreigners. This last ruling of the Tribunal is inconsistent. It ignores the socio-environmental complexity of the case and the challenges of materializing the right to environmental participation within the process of delimitation of the páramo. Although the decision recognizes that the delimitation involves managing widely disparate interests throughout the process, in the end — in a ruling far removed from the reality of Santurbán and its communities — the Tribunal took this process lightly, dismissing its complexities, and appears to have not taken it as legitimate and sufficient justification. An unpredictable, limiting and unfair arbitration system. "The Tribunal's decisions are not predictable, since decisions in one case do not bind future rulings on environmental issues. There is no precedent set, as traditionally understood in the system. The breadth of the clauses and the arbitrators' freedom of interpretation are excessive, which is problematic not only for Colombia but for all countries in the region," said Yeny Rodriguez, a lawyer with the Interamerican Association for Environmental Defense (AIDA). This decision allows mining investment to prevail over the Colombian State's obligation to protect the environment and the water of Colombians. We question the fact that the Tribunal has made its decision but has not judged the lack of due diligence by the Canadian company who knew from the beginning that its mining project overlapped with a páramo zone — a sensitive ecosystem protected by national law. This case demonstrates the arbitrary and overreaching nature of the supranational arbitration system, and the way in which it disciplines and punishes the governments of the Global South. It’s worth remembering that in February 2019, the Tribunal rejected the possible participation of the Santurbán Committee in the process. Uncertainty for Colombia. Carla García Zendejas, Director of the People, Land and Resources Program of the Center for International Environmental Law (CIEL) stated, "The legal uncertainty that the supranational investment arbitration system represents for Colombia is enormous. The high levels of arbitrariness that characterizes the system leads to penalizing States for any circumstance in which expected profits are affected. And this is especially critical for Colombia, as there are other lawsuits against the country resulting from extractive projects linked to Santurbán and other fragile ecosystems. This could mean a domino effect of lawsuits and heavy penalties against Colombians." Two other lawsuits are currently underway before ICSID against the country by Canadian mining companies — Red Eagle Exploration and Galway Gold — for measures taken to protect the Santurbán páramo. There are also other lawsuits filed by Cosigo Resources, South32 Investments Limited, Gran Colombia Gold, Glencore International and Anglo American in connection to other extractive projects. We call on the Colombian State to denounce the free trade agreements and bilateral investment protection agreements to which it is party and to refrain from signing such instruments in the future. It is for these reasons above that today the Comité para la Defensa del Agua y el Páramo de Santurbán (Committee for the Defense of Water and the Páramo of Santurbán) is holding a day of protest in front of the Canadian Embassy in Bogotá, demanding that ICSID respect their legitimate fight for the defense of water, Santurbán and the páramos of Colombia. Likewise, we are also in front of Congress, demanding that the Investment Protection Agreements with the United Arab Emirates-Minesa be rejected. press contacts Comité para la Defensa del Agua y el Páramo de Santurbán, [email protected], +57 3012080622 Carla García Zendejas, Center for International Environmental Law (CIEL), [email protected], +1 202 374 2550 Yeny Rodríguez Junco, Interamerican Association for Environmental Defense (AIDA), [email protected], +57 3107787601 Jamie Kneen, MiningWatch Canada, [email protected], +1(613) 761-2273 Manuel Pérez Rocha, Institute for Policy Studies, [email protected], +1 240 838 6623
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AIDA applauds historic UN resolution recognizing the human right to a healthy environment
This Friday, the United Nations Human Rights Council adopted a resolution recognizing the human right to a safe, healthy, clean and sustainable environment. Getting to this point has involved decades of work by thousands of people who seek to ensure the well-being of all people and the planet we inhabit. It is now in the hands of the UN General Assembly to approve the resolution and make this human right global. Liliana Avila, Senior Attorney with AIDA’s Human Rights and Environment Program, states: "The United Nations has taken a historic step by recognizing a healthy environment as a universal right. It will strengthen the efforts of countries and peoples to protect human rights and nature, and to advance the struggle against the climate crisis. " This recognition is vital. Taking action to promote environmental and climate justice is an urgent mandate of States, and an urgent demand of the people.” Anna Cederstav, Interim Executive Director of AIDA, reflects: "Achieving this recognition at the global level has been a decades-long struggle on the part of the environmental movement, from its first mention to the present day. It is a testament to the patience and dedication necessary to promote meaningful change. We applaud all those who have made it possible: Costa Rica, Slovenia, Maldives, Morocco and Switzerland who took the lead within the UN, and all the environmental organizations, movements and individuals around the world who fight every day for a healthy planet for all." It is urgent that all States, including those that abstained from voting, recognize the importance of all people having access to clean water, clean air, and ecosystems that promote well-being and the enjoyment of human rights. AIDA welcomes this decision, which recognizes the foundational right that has guided our work since 1998. We will use the globally recognized right to a healthy environment to advance climate justice for all those who live on this planet, and those yet to come. We extend our thanks and admiration to the people who initiated this work years ago, to those who were involved in the milestones that led to the resolution, and to all of our colleagues and team members---current and past--who have worked to bring us to this day.
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International technical assistance is consolidated to recover Uru Uru and Poopó lakes
At the request of organizations and communities, experts from the Ramsar Convention Secretariat will evaluate the degradation of the lakes and then issue technical recommendations for their recovery. Oruro, Bolivia. From October 11 to 15, a team of experts from the Ramsar Convention Secretariat will visit the Uru Uru and Poopó lakes, located in the central-eastern part of the Bolivian altiplano, to conduct a technical analysis of their degradation and then provide concrete recommendations to the Bolivian State for the recovery of the ecosystems. In July 2019—as part of the #LagoPoopóEsVida campaign—local communities and environmental, social and women's organizations sent the Ramsar Secretariat information on the state of the lakes and requested technical assistance to assess their health. The Bolivian government then made the formal request to make the visit feasible. "We recognize the political will of national authorities to obtain international support for the environmental crisis facing the lakes, on whose preservation the livelihoods of peasant and indigenous populations depend," said Claudia Velarde, an attorney with the Interamerican Association for Environmental Defense (AIDA). "Ramsar Advisory Missions are an effective tool offering independent and specialized advice geared toward the preservation of wetlands." Poopó is the second largest lake in Bolivia. In 2002, in order to preserve its biodiversity—which includes endemic and migratory birds and the largest number of flamingos in South America—Poopó and Uru Uru were declared a Wetland of International Importance under the Ramsar Convention, an intergovernmental treaty for the protection of these natural environments. "The Uru Uru and Poopó lakes guarantee the recharging of wells and other water sources, regulate the climate, provide habitat for birdlife, food security and sovereignty for surrounding populations, and shelter millenary cultures," said Limbert Sánchez, of the Center for Ecology and Andean Peoples (CEPA). Several factors have led to the catastrophic situation currently facing Lake Poopó, including: mining activities, which have not stopped during the pandemic and permanently generate acidic water and tons of mining waste; the diversion of tributaries like the Mauri River; the fact that the TDSP (Titicaca-Desaguadero-Poopó-Salar Water System) is not guaranteeing water for the entire basin; and the climate crisis. Cumulatively, these situations have damaged the lake and placed the life systems that depend on it at risk. "In December 2015, the water levels of Lake Poopó were completely reduced, one of the biggest environmental catastrophes in the country. Currently, what is left of the water mirror is minimal compared to historical records," corroborated Yasin Peredo, of the Center for Andean Communication and Development (CENDA). In addition to causing serious environmental damage, what’s happening to Lakes Poopó and Uru Uru is a serious violation of surrounding communities’ rights to water, health, territory, food and livelihood. "It’s with great sadness that we witness the disappearing of Lake Poopó, and the risk to our Lake Uru Uru," said Margarita Aquino, coordinator of the National Network of Women Defenders of Mother Earth (RENAMAT). "Mining contamination is stripping us of our water sources and is violating the rights of us women and our communities." Indigenous Aymara and Quechua communities depend on the health of these ecosystems, as do the Uru Murato, one of Bolivia's oldest native nations. The members of this millenary culture once lived from fishing, but the contamination of Poopó and its scarce water supply has forced them to migrate in search of other ways to survive. Don Pablo Flores, a native authority of the Uru de Puñaca community explains: "In August, authorities arrived and with them we went to the lake and found that there is no more water; the Panza Island sector is also dry. As Urus, how are we living? Before we used to go for parihuanas [Andean flamingos], but not now. In February they used to lay eggs and change their feathers. This year there are none. The flamingos are dead. The lake does not exist now. The three Uru communities are suffering; we used to live from hunting and fishing. We ask the municipal, departmental and national authorities for more attention because, so far, practically nothing has been done to save, protect and recover our lake Poopó." By including the Uru Uru and Poopó lakes as a Ramsar site, the Bolivian State committed itself to conserving the ecological characteristics of these wetlands. In this sense, the visit from the mission of experts is a key opportunity to obtain objective and specialized recommendations aimed at fulfilling this commitment. "Environmental organizations, communities and the people of Bolivia are awaiting the visit of the Ramsar Mission. We believe that the current situation of the ecosystem must be taken into account, but also the factors that continue to influence its degradation. As long as strategies to combat climate change are not adopted, mining pollution is not stopped, and the amount of water needed for the entire TDPS is not guaranteed, the critical situation of our Uru Uru and Poopó lakes cannot be reversed," said Ángela Cuenca, coordinator of the CASA Collective. PRESS CONTACTS: Victor Quintanilla (MExico), AIDA, [email protected], +5215570522107 Angela Cuenca (Bolivia), Colectivo CASA, [email protected], +59172485221 Limbert Sanchez (Bolivia), CEPA, [email protected], +59172476802 Sergio Vasquez Rojas (Bolivia), CENDA, [email protected], +59172734594
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Reaction: IUCN Congress votes yes to a moratorium on deep-sea mining
Marseille, France - A motion calling for a moratorium on deep-sea mining was adopted with overwhelming support by the IUCN World Conservation Congress today. Among government and government agencies 81 voted for the moratorium with 18 against and 28 abstentions. Among NGOs and civil society organization the vote was 577 for, 32 against and 35 abstentions, sending a strong message to governments that there is global opposition to deep-sea mining. “We are very pleased to see so many governments, agencies and NGOs voting for a moratorium on deep-sea mining; the support has been overwhelming” said Matthew Gianni Co-Founder of the Deep Sea Conservation Coalition (DSCC). “Member countries of the ISA, including France which hosted this Congress, need to wake up and act on behalf of civil society and the environment now, and take action in support of a moratorium”. Scientists have warned that deep-sea mining will cause large-scale, irreversible biodiversity loss and ecosystem degradation if permitted to occur, particularly in the international areas of the world’s ocean. The International Seabed Authority (ISA), a multilateral regulatory body established under the UN Convention on the Law of the Sea in 1994, is debating whether to begin licensing commercial deep-sea mining in as little as two years. 167 countries plus the EU are members of the ISA. The German Environment Ministry, the government of Fiji and many other government agencies voted to support motion 069. Nauru has triggered a so-called Two Year rule at the ISA which it expects will result in the Authority issuing a commercial license to mine. 47 African countries have challenged the trigger and Sian Owen, Director of the DSCC says: "Hopefully the vote in Marseille will translate into a vote at the ISA to adopt a moratorium on deep sea mining." Motion 069 - Protection of deep-ocean ecosystems and biodiversity through a moratorium on seabed mining was sponsored by Fauna and Flora International and co-sponsored by Fundación MarViva (Costa Rica), Natural Resources Defense Council (USA), Sylvia Earle Alliance/Mission Blue (USA), Synchronicity Earth (UK), Wildlands Conservation Trust (South Africa), World Wide Fund for Nature – International. For further information Matthew Gianni, IUCN, 31 646 168 899 Sian Owen, IUCN, 31 648 502 659 Patricia Roy, 34 696 905 907
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Investor Alert: Belo Sun discloses misleading information to investors regarding controversial gold mining project in the Brazilian Amazon
In a complaint to the Ontario Securities Commission, an international coalition of civil society organizations calls attention to the repeated dissemination of misleading information by Belo Sun Mining Corp (TSXV:BSX), including statements by CEO Peter Tagliamonte, downplaying socio-environmental, legal, and financial risks of the company’s “Volta Grande” project along the Xingu River. Canadian-based mining company Belo Sun Corp.(TSXV:BSX) is disseminating misleading and incomplete information to investors about the mining project it is trying to develop on the Xingu river (Volta Grande do Xingu), Pará State, Brazil. This is the central message of a warning letter sent to the Ontario Securities Commission (OSC) on July 29rd by an international coalition of civil society organizations and networks including Amazon Watch, Earthworks, Instituto Socioambiental (ISA), Interamerican Association for Environmental Defense (AIDA), International Rivers, MiningWatch Canada, Movimento Xingu Vivo para Sempre and Rede Xingu+. The OSC is an independent Canadian Crown corporation responsible for protecting shareholders and investors from unfair, improper and fraudulent practices from companies and industries. Drafted by a legal team and supported by independent technical and scientific analysis, the complaint letter challenges recent statements by Belo Sun’s CEO Peter Tagliamonte. In a speech at the Prospectors & Developers Association of Canada (PDAC) event in March 2021, the largest mining convention in the world, Tagliamonte cited the Covid-19 pandemic as the justification for repeated delays in the environmental licencing of the Volta Grande mine, claiming that the mining project was "fully authorized" and that construction was expected to begin at the end of 2021. Similar comments have been made in recent company statements, and by Tagliamonte himself in other occasions. According to the complaint, such declarations are patently false. There are seven public civil actions active in Brazilian courts asking for the suspension of permits and of the licencing process, filed by Federal and State public prosecutors’ and defenders’ offices. These lawsuits focus specifically on irregularities in the Environmental Impact Assessment (EIA), and the lack of free, prior and informed consultation and consent with Indigenous peoples and other traditional communities. The coalition argues that there is overwhelming evidence that Belo Sun breached the Securities Act disclosure requirements, which requires companies to disclose material changes “forthwith” (without delay). Companies must disclose factual and updated data to keep investors well informed. Misleading information disclosed by Belo Sun Mining Corp. According to the complaint, while the company acknowledges the generic risks associated with the licensing process, it fails to disclose the concrete details of the legal actions and suspensions in play regarding its project, relying on investors' lack of knowledge concerning licensing legislation in Brazil. One example refers specifically to the suspension of its construction licence (LI), due to the lack of "free and informed consultation" of Indigenous peoples. In its more recent Corporate Update, Belo Sun states that "it continues to advance financial discussions with various groups in preparation for the commencement of construction following the lifting of the suspension of the construction license (LI)". "The company has not even started a consultation process, - which is now delayed by COVID-19 - and it is already advertising the lifting of the suspension, as if it was just a matter of time", says Marcella Ribeiro, attorney from AIDA's Human Rights and the Environment Program. "The company is not in a position to guarantee the results of the consultation process, as negotiations around consent are time-consuming and will invariably result in major material changes to the project. None of that is being disclosed properly to investors", she adds. Among the risks associated with investments in Belo Sun, the complaint highlights the history of judicial proceedings; conflict around the project; the flaws and gaps in the environmental impact assessment; and the violation of the Indigenous Peoples’ right to prior consultation. The downplaying of environmental and social risks by the company’s studies and impact assessments has sounded the alarm among communities in the Volta Grande region, already affected by the Belo Monte dam. A series of independent technical studies challenge Belo Sun’s statements regarding impacts to water resources, to fauna and flora, and regarding dam safety. The company’s refusal to acknowledge impacts in Indigenous territories along the Xingu river has led to the court decision that suspended the installation licence of the Volta Grande project in 2017 until "free and informed consultation" was carried out. There are also increasing accounts of intimidation and harassment against project opponents, which demonstrate a much more complex and contentious situation as a result of the project than what has been disclosed by the company, the complaint stresses. The coalition concludes that "Belo Sun has failed to fully communicate to current and potential investors about the complex nature of its project" which has a "direct implication for delays, and raises fundamental questions about the project’s viability". The letter delivered to the OSC aims to increase visibility to the many irregularities of the project and to raise awareness among current and potential investors about the major reputational and legal risks attached to the project, at a moment when heightened attention is focused on the Amazon rainforest and its capacity to provide environmental services and mitigate climate change. About Belo Sun’s Volta Grande Project Proposed for development along the Volta Grande (Big Bend), a stretch of the Xingu River (a major tributary of the Amazon) that is one of the most biodiverse locations on the planet, Belo Sun’s project would be the largest open pit gold mine in Brazil. The region is home to indigenous people such as Juruna (Yudjá), Arara, and Xikrin, along other isolated Indigenous and riverside communities. From the outset, Belo Sun has faced numerous lawsuits regarding the Volta Grande Project filed by the Federal Public Prosecutor's Office, the State Public Prosecutor's Office, the State Public Defender's Office, and the Union Public Defender's Office. All of these lawsuits refer to the multiple flaws in its licensing process and in the project’s technical studies. Among other things, the lawsuits seek the cancellation of the company's licences and the suspension of the project's licensing process. One of them resulted in a court decision, still valid, to suspend Belo Sun’s construction licence. press contacts Viviana Herrera, MiningWatch Canada, [email protected] Camila Rossi, Amazon Watch, [email protected] Cecilia Garcia, International Rivers, [email protected] Victor Quintanilla, AIDA, [email protected]
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Member countries of the World Trade Organization must reach an agreement on fisheries subsidies
We regret that the World Trade Organization (WTO) Ministerial Conference, held today in Geneva, failed to reach an agreement on fisheries subsidies, an urgent measure to achieve effective management of our fisheries resources, as well as to ensure global food security and the livelihoods of coastal communities. At the same time, we recognize that the negotiations are at an advanced stage and that we finally have a draft text. We wish to highlight the commitment and participation of Latin American delegations including Argentina, Chile, Colombia, Costa Rica, Guatemala, Mexico, Panama, Peru and Uruguay. We urge all WTO member countries to assume the great responsibility of reaching an agreement soon. After two decades of negotiations, the deadlines for completing the negotiations and reaching an agreement have been repeatedly missed. Although negotiations officially began in 2001, it was not until the 2017 Ministerial Conference that countries committed to take action and reach an agreement at the next conference, which was to take place in December 2020, but was suspended due to the pandemic. This commitment also responds to the fulfillment of target 14.6 of the United Nations Sustainable Development Goals. This target establishes that by 2020 "certain forms of fisheries subsidies which contribute to overcapacity and overfishing" should be prohibited, and aims to "eliminate subsidies that contribute to illegal, unreported and unregulated fishing and refrain from introducing new such subsidies, recognizing that appropriate and effective special and differential treatment for developing and least developed countries should be an integral part of the World Trade Organization fisheries subsidies negotiation." According to recent estimates, governments spend US$35 billion each year to support their fisheries sectors, of which US$22 billion represent negative subsidies, which promote overfishing. That practice results in alarming data, including that 63 percent of global fish stocks need to be rebuilt and that, according to a 2020 FAO report, 34 percent of them are fished at "biologically unsustainable" levels. While the agreement is being finalized, more needs to be done to ensure the sustainability of fish stocks. We urge WTO member countries to define without further delay commitments in this regard at the national and regional levels. For our part, AIDA attorneys will continue to work hand-in-hand with governments to reach an ambitious agreement. It is imperative that said agreement adopt solid rules, eliminate the possibility of creating legal loopholes, and seize the opportunity to establish ocean policies aimed at achieving greater sustainability and guaranteeing the satisfaction of the needs of current and future generations, as well as the conservation of our marine resources. press contact Victor Quintanilla (Mexico), [email protected], +525570522107
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Transition in AIDA's Executive Leadership
The board of directors and team of AIDA, the Interamerican Association for Environmental Defense, are announcing a transition in its leadership. After 18 years of dedicated service, Astrid Puentes Riaño has decided to step down from her role as co-executive director, effective August 31, 2021. Today, AIDA is a solid organization with regional presence, a committed board of directors and strong internal leadership. As such, the time is right for a transition and to further strengthen the organization for the benefit of Latin America’s people, communities, and environment. Anna Cederstav, current co-executive director, will continue in a leadership role, and in the coming weeks we will begin the process of recruiting new executive leadership. At this time of transition, we would like to express our deep appreciation and gratitude to Astrid. For nearly two decades, she and Anna have led AIDA and its team of legal and scientific professionals in working with hundreds of partner organizations in more than ten countries of Latin America. As a result, AIDA is today one of the most effective environmental law organizations in the region. Astrid’s vision, strategic leadership and powerful command of various issues, jurisdictions, and national and regional laws, have strengthened AIDA and increased its impact. At the same time, Astrid has become one of the savviest and most dedicated environmental rights litigators in Latin America. She has helped establish the link between human rights and the environment and spearheaded efforts on climate change and climate justice in the region. Astrid has been, and continues to be, a mentor to her colleagues, and we are all better because of her leadership, which we will miss. We are confident that she will continue to bring her passion, dedication and expertise to the defense of the environment and human rights in Latin America and around the world. The AIDA board and team congratulate Astrid on all she has accomplished with AIDA and look forward to continuing our collaboration with her. We thank her for all she has contributed and wish her the best in her future endeavors. We are grateful for the support of each of our allies and reiterate our commitment to working to achieve environmental justice, climate justice and strong environmental governance in our beloved region.
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Statement on the abuses of security forces during the repression of social protest in Colombia
In the last week, protests in Colombia over a proposed tax reform have spurred a national mobilization against poverty and inequality, to which the Colombian government has reacted with repression, extreme violence and assassinations. The Interamerican Association for Environmental Defense (AIDA) emphatically rejects the abuses of security forces and expresses our deep concern about the lack of guarantees for social protest in Colombia. According to reports from national and international organizations, in recent days dozens of people have lost their lives in the context of state repression and hundreds more have been injured. We categorically condemn the extreme use of force against demonstrators and demand that the lives and rights of all citizens be respected. Liliana Ávila, AIDA human rights attorney and Colombian citizen, states: "Faced with the worrying escalation of violence, and the abuse of public force to silence social demonstrations, it is urgent that the Colombian state respect the human rights of protesters and create democratic and participatory spaces in which effective responses can be given to the conditions of poverty, marginalization and exclusion that are at the root of these protests." "All people have the right to demonstrate, and it is the State’s responsibility to create effective mechanisms for public participation. It’s extremely worrying that the State, instead, has taken repressive measures incompatible with the rule of law, severely restricting people's freedoms, and violating their right to life and personal integrity, while promoting language that stigmatizes and criminalizes protesters". We call on the international community and urge the Inter-American Commission on Human Rights to demand that the Colombian State respect the human rights of the protesters.
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Chile: Report Finds That Approval of Salmon Farms in Kawésqar National Reserve is Illegal
The document prepared by national and international organizations highlights the incompatibility between this type of industry and the purpose of protection of the area. Even without an established management plan, there are already 57 salmon farming concessions, 113 in process and 6 resolutions of environmental qualification have been approved after the creation of the Reserve. Local communities in the area of the Kawésqar National Reserve—including Kawésqar Atap, As Wal Lajep, Grupos Familiares Nómades del Mar, Residentes Río Primero and Inés Caro—provided Chile’s National Forestry Corporation (CONAF) with a technical report that seeks to provide information on the serious impact that the salmon industry generates on marine ecosystems. Prepared by the NGOs FIMA, Greenpeace and AIDA (the Interamerican Association for Environmental Defense), the report will be considered in the management plan that the government entity must develop and implement to comply with the protection of the marine waters that make up the Reserve. "CONAF must guarantee compliance with what was established in the Indigenous Consultation and explicitly prohibit salmon farming in the reserve's management plan. This definition is key to the future health of the Patagonian marine ecosystems," explained Estefanía González, Greenpeace's Campaign Coordinator. "Salmon farming is completely incompatible with the maintenance of healthy marine ecosystems." Historic process for the protection of the Southern seas The creation of the Kawésqar National Reserve in 2018 was a key milestone for the participation of these native people in decision-making regarding the ecosystems that make up their ancestral territory. On that occasion, through indigenous consultation, the need to protect the waters and prevent the development of activities such as salmon farming was expressly established, considering the particular situation of fragility of the area and the Kawésqar cultural legacy, firmly linked to the sea. In their above referenced report, the organizations conclude that salmon farming as an activity is incompatible with the protection objectives of National Reserves, from a legal and ecosystemic point of view, and in particular with the Kawésqar National Reserve, due to the many risks involved. Among the damages caused by this industry are biological contamination caused by the introduction of exotic species, the indiscriminate use of antibiotics, periodic massive salmon escapes, and the food and feces deposited on the seafloor, which generate anaerobic conditions and red tides. All of the above endangers a marine area with unique diversity and which the State itself has decided to protect. "Allowing salmon farming in the Kawésqar National Reserve would render the protection given to the area useless," added Victoria Belemmi, FIMA attorney. "This point has even been recognized by the national directorate of CONAF, which when consulted in 2019 by the comptroller's office on salmon farming within protected areas, pointed out that according to the current national and international legal framework, including the Washington Convention, an activity such as salmon farming would not be admissible in an area designed to protect the marine ecosystem." Statement from the Comptroller's Office For its part, AIDA filed a letter with the Comptroller General's Office to solicit a ruling on the approval of a project to increase the biomass of a salmon farming center located in the Alacalufes Reserve, now Kawésqar National Reserve, which was operating under anaerobic conditions. "The approval of this project meant that salmon production was authorized to increase in an area where there was already evidence that the carrying capacity of the site was exceeded," explained Florencia Ortúzar, AIDA attorney. "The fact that the center was located in the waters bordering the Alacalufes Reserve (now Kawésqar) makes it even more serious." The low level of oxygen affecting the waters was evidenced by official documentation recognizing the regulations for that purpose—the Preliminary Site Characterization that the center's owner submitted to request the expansion, and several preliminary reports (INFA) confirming the situation. With the approval, the center acquired authorization to almost triple its original production. Subpesca had noted the situation, even interposing an observation on the matter within the process. However, shortly thereafter, it issued its approval of the project. Subsequently, the Environmental Evaluation Service (SEA) approved the project by means of an Environmental Qualification Resolution (RCA, for its Spanish initials). Read the report here (in Spanish) press contact Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107
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