Press Center
Colombia makes the right move by suspending fracking project
Citing a recent court order, Colombia’s environmental authority has suspended the licensing process for a fracking project in the Middle Magdalena Valley. The decision represents an advance in the movement to stop fracking’s expansion in Latin America. Bogotá. In an advance for the struggle against fracking’s expansion in Latin America, Colombia’s National Environmental Licensing Authority has suspended the licensing process for a fracking project in the Middle Magdalena Valley. With this decision, Colombia joins a growing list of communities, municipalities, and regions across Latin America and the world who have made progress to stop the expansion of fracking in their territories, many through the enactment of bans or moratoriums. "The Environmental Authority’s decision is a positive example for nations across Latin America and the world,” said Astrid Puentes Riaño, co-executive director of AIDA. “It’s the result of an admirable civic movement and of the use of the precautionary principle as a tool to protect human health and ecosystems, and to confront the climate crisis.” The decision to halt the process for Ecopetrol’s "APE Guane A” project is founded on the State Council’s suspension, in November 2018, of the regulatory framework for fracking in the country, citing the precautionary principle. The Interamerican Association for Environmental Defense (AIDA) supports the Council’s decision and considers the Environmental Authority’s enactment of that order to be a step in the right direction. “In the absence of existing regulations on fracking, in Colombia we have a judicial moratorium. This implies that no project may be implemented that seeks to exploit unconventional oil and gas deposits using this technique,” explained Juana Hofman, AIDA attorney. “All activities aimed at the development of fracking activities must be suspended.” In its decision, the Environmental Authority states: “… The temporary suspension of the aforementioned provisions translates to those provisions being temporarily outside the legal system, which consequently means that this Environmental Authority does not have technical regulations that allow it to verify the management measures that should be included in the Environmental Impact Study, to be analyzed within the environmental assessment procedure, and thus could not determine whether or not the granting of the environmental license required for new projects in unconventional deposits was viable.” The suspended project involves the use of hydraulic fracturing in a boggy complex located between the municipalities of Barrancabermeja and Puerto Wilches in Northeast Colombia. Fracking, or hydraulic fracturing, is an extractive technique that proves incredibly damaging for water, air quality, human health and the climate. It emits methane, a pollutant strongly associated with global warming. Due to its negative impacts on the environment and public health, fracking has been prohibited by judicial or legislative means in many municipalities, regions and nations around the world, such as Scotland, the state of New York (USA), and the province of Quebec (Canada). Global efforts to stop fracking’s expansion have largely been citizen-led and driven by concerns for the risks fracking poses to the climate, environment and public health. The Alliance for a Colombia Free from Fracking has been steadfast in their commitment to stopping fracking’s advance in Colombia, and should be congratulated for this important advance. AIDA urges the Colombian government to continue down the path of prevention and to comply with its international environmental obligations to confront the climate crisis, and to protect its land, water and communities. We urge the government to deny authorizations for fracking operations in Colombia. “Fracking is a procedure that furthers us from our climate goals, and from the energy path that all nations should be targeting” Puentes Riaño said. “Decisions like these are an invitation to seek out renewable energies that are better for our planet and our communities, not only in Colombia but around the world.” Press Contacts: Carlos Lozano Acosta (Colombia), AIDA, [email protected], +57 (300) 564 0282 Juana Hofman (Colombia), AIDA, [email protected], +57 (310) 884 6715
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In historic decree, Costa Rica legally protects its corals
On the occasion of World Oceans Day, Costa Rica issued a decree to protect its vast coral ecosystems. We congratulate the government for taking this important step and setting a legal precedent for the protection of marine environments in the region. San José, Costa Rica. The Costa Rican government issued a precedent-setting decree today that legally protects its vast coral ecosystems from harmful human activities. Following years of work on the issue, the Interamerican Association for Environmental Defense (AIDA) and Conservation International celebrate this important instrument for the conservation of these fragile and vital marine environments. “We are very pleased with this advance, promoted by the Vice Ministry of Water and Seas, which guarantees the survival of coral reefs and the various species that contribute to their conservation—species like the parrotfish, which feed on the algae that can deprive reefs of oxygen,” said Gladys Martínez, senior attorney of AIDA’s Marine Biodiversity and Coastal Protection Program. The decree provides a series of measures the government must adopt in order to preserve reef ecosystems and the species that depend on them, threatened by a combination of unsustainable use, climate change, inadequate management, and invasive species. The measures include: the creation and implementation of science-based strategies and policies to confront the effects of climate change; and the restoration of degraded reefs. The law also prohibits harmful activities like the extraction and commercialization of reefs, dumping of waste, and anchoring. “It’s our hope that the legal precedent established by this decree will be replicated in other countries of the Americas that, like Costa Rica, are bound by international treaties to safeguard their corals,” said Magie Rodríguez, AIDA attorney. “In the coming years, we will be closely monitoring the decree’s implementation.” In 2012, AIDA and Conservation International joined forces with national experts to prepare a report detailing the economic and environmental benefits of corals, urging the creation of legislation in Costa Rica to protect them. AIDA also supported the Vice Ministry in the preparation of the decree based on the organization’s experience in international law and understanding of regulations in other countries of the region. “Costa Rica is a nation privileged by the dimensions of its marine spaces and biodiversity. The coral systems are incredibly productive, but they are also threatened by human activity and climate change,” said Marco A. Quesada Alpízar, director of Conservation International - Costa Rica. “By taking action on this issue, Costa Rica has assumed responsibility for the conservation and management of its marine ecosystems, and has set an example that can be replicated in other countries.” The decree answers a years-long call for Costa Rica to comply with international obligations and protect its threatened marine ecosystems. Scientific studies have shown that a large part of the coral reefs in the country are at great risk due to human activities including land-based pollution and destructive fishing practices. Their conservation must be a priority. “This decree fills an important gap in the regulation of coral reefs in Costa Rica. It recognizes, once again, that marine resources provide people with services and well-being, which requires they be adequately protected and managed,” explained Quesada. “Costa Rica is globally recognized for its ecotourism and natural richness,” added Ana Gloria Guzmán of Conservation International’s Oceans Center. “With this decree, the nation is setting an example about the protection and management of essential marine ecosystems as a means to ensure the health of the oceans and safeguard the well-being of coastal communities that depend on the services they provide.” press contacts: Victor Quintanilla, AIDA, +521 5570522107, [email protected] Kipp Lanham, Conservation International, (202) 412-5533, [email protected] Marco Quesada, Conservation International, +506 2253-0500 ext. 139, [email protected]
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Protests Challenge Hydropower Companies at Global Event in Paris
Civil society organizations denounce corporate attempts to label hydroelectric dams as “green energy,” citing human rights abuses and environmental damage. Paris, France—A coalition of activists, organizations and indigenous leaders convened a series of events this week in light of the opening of the World Hydropower Conference, calling attention to the socially and environmentally destructive nature of hydroelectric dams, as well at their climate-aggravating impacts. From May 14-16, the International Hydropower Association (IHA) is hosting its biannual World Hydropower Congress in central Paris. The industry seeks to portray hydroelectric dams as a clean source of renewable energy, which they claim are essential for delivering the Paris Climate Agreement and the United Nations’ Sustainable Development Goals. However, a broad coalition of environmental and human rights organizations, together with social movements, argue that the dam industry’s claims amount to greenwashing, and are aimed at capturing new sources of finance from institutions like the Green Climate Fund. They point to numerous cases where hydropower projects have provoked disastrous consequences for people and the environment. Citing mounting scientific evidence that dams are a significant source of greenhouse gases—CO2and, particularly, methane—civil society groups also highlight the role of dams in aggravating climate change. A joint statement signed by more than 250 civil society groups from 70 countries calls attention to the false promises of hydropower and the urgent need for truly sustainable energy solutions. It is available in five languages. These and other issues—including the impacts of hydroelectric dams on natural and cultural heritage sites—were debated by scientists, activists and representatives of affected communities from Brazil, Colombia, Myanmar and Turkey in a parallel event to the IHA Congress, held at the Town Hall of the 6thArrondissement of Paris on May 13. The conference was organized by the NGOs Planète Amazone, GegenStrömung / CounterCurrent, Rivers without Boundaries, International Rivers, and AIDA. Myint Zaw, an activist and researcher from Myanmar who was awarded the 2015 Goldman Prize, was one of the speakers at the conference. “The food security of millions of people is threatened by dam projects planned for the Irrawaddy River that would impact important farmlands needed for rice production along the river and in delta region,” Zaw said. During Tuesday’s opening of the World Hydropower Congress, representatives of indigenous communities, social movements and non-governmental organizations protested together with activists from Extinction Rebellion in front of the Espace Grande Arche in La Défense. A focus of the protest was to call attention to the growing number of human rights and environmental activists murdered in dam-related conflicts. “Miguel Ángel Pabón Pabón disappeared as a result of his activism against the Hidrosogamoso Dam in Colombia, which has continued despite severe human rights violations,“ said Juan Pablo Soler from Movimiento Ríos Vívos of Colombia, mentioning one of many defenders lost. In Gabon, the Kingélé and Tchimbélé dams are adversely affecting populations living beside rivers. “During heavy rains, some villages are flooded when reservoirs overflow. Rivers turn into lakes, water becomes polluted and fish die intoxicated. There is no structure to help us on the ground, nor does the government hear our complaints, which is why we look abroad to issue a distress call,” proclaimed Assossa, a Pigmy leader. Three representatives of the Munduruku people from the Brazilian Amazon—Chief Arnaldo Kabá, Alessandra Korap and Candido Waro Munduruku—participated in both the parallel conference and the protest. After the protest, the Munduruku attempted to hand deliver a letter to the corporate headquarters of Électricité de France (EDF), majority-controlled by the French government. EDF is involved in the controversial Sinop dam on the Teles Pires River, a tributary of the Tapajos, and has contributed to studies that promote the São Luiz do Tapajós mega-dam, which would flood Munduruku territory. EDF representatives refused to speak with the Munduruku leaders. “EDF invades our territory, destroys our rivers, our territory and our sacred places. And when we come here to deliver a letter to this huge company, we’re barred,” stated Alessandra Munduruku. “We’re sad, but we’re determined to continue our struggle to defend our territory.” Press Contacts: Gert-Peter Bruch, Planète Amazone, [email protected] (French, English), + 33 (0)7 81 23 92 91 Brent Millikan, International Rivers, [email protected] (English, Portuguese), +55 61 8153-7009 Thilo F. Papacek, GegenStrömung – CounterCurrent / Forum Umwelt und Entwicklung, [email protected] (German, Portuguese, Spanish, English), ++49 151 412 145 19 Eugene Simonov, Rivers without Boundaries, [email protected](Russian, English, Chinese), +79 (0) 165 491 22 Resources: Further information about the parallel event from May 13: http://www.transrivers.org/2019/2634/ The joint statement, available in Chinese, English, Portuguese, Russian and Spanish can be downloaded here: https://drive.google.com/open?id=1pgS3YHm4zy5_LFSSjRe0KH-DMK773DQI Link to the Munduruku letter of protest to EDF: Électricité de France (Portuguese and English):https://drive.google.com/file/d/1TxqIiOuJDxNUI2YKPtUBrE_wucJLFl-E/view?usp=sharing Press photos available free of charge (Credit: Todd Southgate): https://tinyurl.com/y34b2g7u Clip reel of protest at opening of IHA Congress and Munduruku attempt to deliver letter at IHA headquarters: https://youtu.be/9BrI3AqVnXE Fact sheet from CounterCurrent on hydroelectric dams and UN Sustainable Development: tinyurl.com/y6mbjqj2
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Inter-American Commission to examine rollback of indigenous rights in Brazil
In a hearing before the Inter-American Commission on Human Rights, civil society organizations will demonstrate how measures adopted by the administration of Brazilian President Jair Bolsonaro are undoing decades of human rights protections in the country. Rio De Janiero, Brazil. On May 9, the Inter-American Commission on Human Rights (IACHR) will hear how measures adopted by the government of President Jair Bolsonaro have rolled back protections for human rights in the country, creating a dangerous situation for indigenous communities and violating Brazil’s international obligations to protect human rights. The hearing was requested by the Interamerican Association for Environmental Defense, International Rivers, Conectas, Teles Pires Forum, Operation Native Amazon and Brazil Indigenous People Articulation (APIB) in an effort to halt further rollbacks, and to demand a reversal of the government’s actions that are currently threatening indigenous communities. The hearing will form part of the Commission’s 172 Period of Sessions, which is taking place in Kingston, Jamaica from May 3 to 10, 2019. During the hearing, organizations will detail how reforms made by the Bolsonaro government in matters of law, public policy, foreign policy, and other areas, violate the preservation of indigenous communities’ way of life in the country. The case will also show how those reforms violate communities’ rights to life, culture, food, a healthy environment, clean water, and the delimitation of their ancestral homelands, among others. The government has diminished legal and administrative protections for indigenous communities through the following actions: The transfer of key functions from the Ministry of Environment to the Ministry of Agriculture. Increased precarity for employees at the Brazilian Institute for the Environment and Renewable Natural Resources. Weakening of the Chico Mendes Institute for the Conservation of Biodiversity and of the process for granting environmental permits. The threat of exposing indigenous lands to the dangers of mining. Measures adopted by the Ministry of Environment that fragment the legal order that guarantees minimum conditions for the protection of the environment and indigenous rights. The transfer of authority for the demarcation of indigenous lands from the National Indian Foundation to the Ministry of Agriculture. The threat of withdrawing Brazil from international treaties like the Paris Agreement and others valuable agreements to protect the environment and human rights. In addition to these rollbacks, the above organizations assert that the situation has been aggravated by increased deforestation, encroachment on indigenous lands, and violence against environmental and human rights defenders. press contacts Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Eloy Terena (Brazil), Brazil Indigenous People Articulation (APIB), [email protected], +55 61 9695-1377
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Statement on the Assassination of Dilma Ferreira Silva, leader of Brazil’s Movement of Dam-Affected Peoples
In the face of the brutal crime committed on March 22nd against a coordinator of the Movement of Dam-Affected Peoples in Brazil, the undersigned human rights and environmental organizations call on Brazilian authorities and multilateral organizations to ensure that the country’s obligations regarding the protection of human rights and environmental defenders are enforced. With deep sadness and indignation, we received the news that Dilma Ferreira Silva, a regional coordinator of Brazil’s Movement of Dam-Affected Peoples (MAB), together with her husband Claudionor Costa da Silva and Hilton Lopes, a friend of the family, were assassinated on Friday, March 22nd in the Amazonian state of Pará. The bodies of the three victims were found in her residence with signs of torture. Dilma Ferreira Silva was a prominent activist and recognized leader who, for more than three decades, fought for the rights of the people affected by the Tucuruí mega-hydroelectric dam project on the Tocantins River of the Brazilian Amazon, built during the country’s military dictatorship 1964-1985), provoking the displacement of an estimated 32,000 people, along with serious environmental damage. This is not the first case of a brutal murder perpetrated against a human rights defender in the region of the Tucurui dam. In April 2009, Raimundo Nonato do Carmo, a union leader who fought on behalf of those whose lives were ruined by the Tucuruí dam was shot seven times by two men on a motorcycle as he walked out of a supermarket on the street in which he lived in the town of Tucuruí. Dilma dedicated her life to promoting national policies that would effectively take into account the rights of dam-affected peoples, with due attention to gender issues that particularly affect the rights of women. Dilma Ferreira lived in the rural settlement of Salvador Allende, where land titles were issued for family farmers by the federal government in 2012, as a result of a popular mobilization of the Movement of the Landless Workers (MST), with support from MAB. However, the area continued to be coveted by land grabbers (grileiros) that invade and seize control of public and community lands. One such example is Fernando Ferreira Rosa Filho (aka ‘Fernandinho’) arrested by the civil police force of the state of Pará as the principal suspect in the triple homicide of Dilma Ferreira, Claudionor Costa da Silva and Hilton Lopes. The assassination of Dilma Ferreira Silva is evidence of the grave situation faced by human rights and environmental defenders in Brazil, a country that tops the global ranking in violence practiced against defenders, with one person murdered every six days in 2017. The incoming administration of President Jair Bolsonaro has intensified recent attempts to undermine Brazil’s progressive legislation on environmental protection and human rights - especially those of indigenous peoples, quilombolas (descendants of African slaves), family farmers and other traditional populations. Such attempts have often clashed with Brazil’s progressive Federal Constitution, approved in 1988 during a period of redemocratization that followed military rule. Backsliding on public policies, together with public statements that incite violence in conflictive areas, are seriously increasing the risks faced by human rights and environmental defenders such as Dilma Ferreira Silva. The undersigned human rights and environmental organizations express our solidarity with the family of Dilma and the Movement of Dam-Affected Peoples (MAB). Without a doubt, her assassination is a huge loss for the defense of the environment and human rights in the Amazon. We stand with the UN High Commissioner on Human Rights in demanding a complete, independent and imparcial investigation of the assassination of Dilma Ferreira Silva, as well as the exemplary punishment of those that carried out and ordered this horrendous crime. Moreover, we call on Brazilian authorities to ensure that the country’s domestic legislation and international obligations regarding the protection of human rights and environmental defenders are fully implemented, including preventative action to avoid further acts of violence. Signed, 1. 350.org 2. Aborigen-Forum 3. AMAR - Associação de Defesa do Meio Ambiente de Araucária 4. Amazon Watch 5. APREC Ecossistemas Costeiros 6. Arctic Consult 7. Articulação Antinuclear Brasileira 8. Asociación Interamericana para la Defensa del Ambiente - AIDA 9. Associação Mineira de Defesa do Ambiente – Amda 10. Association green alternative Georgia 11. Association of Journalists-Environmentalists of the Russian Union of Journalists 12. BAI Indigenous Women's Network in the Philippines 13. Bank Information Center (BIC) USA 14. Biodiversity Conservation Center 15. Both ENDS 16. Bretton Woods Project 17. Buryat Regional Association for Baikal 18. Business & Human Rights Center 19. Center for International Environmental Law - CIEL 20. CIDSE - International family of Catholic social justice organizations 21. Coalition for Human Rights in Development 22. Colegiado Mar RBMA/Reserva da Biosfera da Mata Atlântica - Grupo Conexão Abrolhos -Trindade 23. Coletivo de Mulheres do Xingu 24. Coletivo de Mulheres Negras de Altamira 25. Comisión Ecumenica de Derechos Humanos 26. Comité Ambiental en Defensa de la Vida 27. Conectas Direitos Humanos 28. Conseil Régional des Organisations Non Gouvernementales de Développement en RDC 29. Conselho Indigenista Missionário - CIMI 30. Corporación SOS Ambiental 31. Crescente Fértil 32. Derecho Ambiente y Recursos Naturales - DAR 33. Derechos Humanos y Medio Ambiente - DHUMA 34. Derechos Humanos y Medio Ambiente de Puno - Perú 35. DKA Austria 36. ECOA - Ecologia e Ação 37. Ecological Center DRONT 38. Ecolur Information NGO 39. Environmental Investigation Agency 40. Fastenopfer Switzerland 41. Focsiv - Federation of Italian Christian NGOs 42. Fórum em Defesa de Altamira 43. Foundation Sami Heritage and Development 44. Frente por uma Nova Política Energética para o Brasil 45. Front Line Defenders 46. Fundação Avina 47. Fundação Grupo ESQUEL 48. Future for Everyone 49. Global Witness 50. Green Dubna 51. Green Peace Brasil 52. ONG Guajiru 53. In Difesa Di - per i Diritti Umani e chi li difende 54. Indigenous Peoples Movement for Self-determination and Liberation (IPMSDL) 55. Instituto Igarapé 56. Instituto Terramar 57. Institutos Ethos 58. International Indigenous Fund for Development and Solidarity "Batani" dos EUA 59. International Land Coalition Secretariat 60. International Rivers 61. Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas (Katribu national alliance of indigenous peoples in the Philippines) 62. Kazan Federal University 63. Latin America Working Group 64. London Mining Network 65. Lumiere Synergie pour le Developpement 66. MAB - Movimento dos Atingidos por Barragens 67. Maryknoll Office for Global Concerns 68. MISEREOR 69. Movimento Nacional de Luta pela Moradia (MNLM) 70. Movimento Negro 71. Movimento Paulo Jackson - Ética, Justiça, Cidadania 72. Movimento Tapajós Vivo 73. Movimento Xingu Vivo para Sempre 74. Movimiento de Afectados por Represas de America Latina - MAR 75. O Movimento Nacional das Cidadãs Posithivas (MNCP) 76. Oyu Tolgoi Watch 77. Pax Christi - Comisión Solidaridad Un Mundo Alemania 78. Pax Christi Internacional 79. Pax Christi Toronto 80. Projeto Saúde e Alegria 81. Protection International 82. Public Interest law Center (PILC/CHAD) 83. Red de Comités Ambientales del Tolima 84. Red de Género y Medio Ambiente de México 85. REDE GTA 86. Resource Rights Africa da Uganda 87. Rivers without Boundaries International Coalition 88. Rivers without Boundaries - Mongolia 89. SAPÊ - Sociedade Agrense de Proteção Ecológica 90. SCIAF - Scottish Catholic International Aid Fund 91. Serpaj Chile 92. Siberian Environmental Organization 93. Socio-ecological Union International 94. Tatarstan Organization of the All-Russian Society for the Conservation of Nature 95. Terra 1530 96. The Canadian Catholic Organization for Development and Peace/Caritas 97. The Society for Threatened Peoples International STPI - Gesellschaft für bedrohte Völker-International, GfbV-International 98. The Volunteer Movement Save Utrish 99. Toxisphera - Associação de Saúde Ambiental 100. Tutela Legal Maria Julia Hernández 101. Uma Gota no Oceano 102. Uniafro Brasil 103. Washington Office on Latin America - Wola 104. WoMin African Alliance 105. World Wide Fund for Nature – WWF/Brasil
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Organizations ask the UN to intervene in the protection of the Santurbán páramo, at risk from mining
They request that the United Nations Special Rapporteur on the Rights to Drinking Water and Sanitation prepare a report on the case, visit the site, and support the Colombian government in taking the necessary actions to protect the ecosystem, an important source of water for millions of people, from the dangers of mining. Bucaramanga, Colombia. Civil society organizations in Colombia sent a communique to Léo Heller, United Nations Special Rapporteur on the Rights to Drinking Water and Sanitation. In it, they warn that their rights are at serious risk in the face of proposed mining projects in or near the Santurbán páramo, a water source for more than 10 municipalities and 3 large cities. They request that the Rapporteur prepare a report on the case, visit the site, and support the Colombian government in protecting that ecosystem. Actions and omissions by the Colombian government have allowed the development of mining projects that threaten the availability and quality of water provided by the páramo. The government’s protection of the páramo did not include the entire ecosystem, leaving a part of it unprotected, and did not allow for public participation. As a result, the Constitutional Court ordered the government to redo the process of delimiting the páramo. The submission details: the process of defining the boundaries of the Santurbán páramo; the importance of that process for the environment and the enjoyment of the right to water in Colombia; the legal framework for the protection of páramos in the country; and the development of projects in or near the site. It also outlines associated environmental impacts or threats, including a decrease in the quality and quantity of water, contamination due to the use of explosives, a decrease in air quality, an increase in noise level, and the permanent loss of habitats. Likewise, the submission details the impacts of Investor State Dispute Settlement (ISDS) claims on governmental decisions to protect their water sources. Several mining companies have tried for more than 15 years to extract gold from the Santurbán páramo. Some of those are Canadian companies, who are currently using this arbitration process to demand hundreds of millions of dollars from the Colombian government in compensation for their “lost” profits. The organizations ask that the Rapporteur monitor the situation in the Santurbán páramo and urge the Colombian government to comply with its international obligations in relation to the right to water. Find more information on the case here. press contacts: Alix Mancilla, Comité para la Defensa del Agua y el Páramo de Santurbán, [email protected], +57 311 2439273 (Spanish only) Carlos Lozano, AIDA, [email protected], +57 300 56 40 282 Carla García, CIEL, [email protected], +1 202 374 2550 Kirsten Francescone, MiningWatch Canada, [email protected], +14373459881 Kristen Genovese, SOMO, [email protected], +31 65 277 3272
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World Bank Arbitration Tribunal Refuses to Listen to Those Affected by Mining in Santurbán, Colombia
The World Bank’s International Center for Settlement of Investment Disputes (ICSID) has declined to accept an Amicus Curiae that was to be presented by the Committee for the Defense of Water and the Páramo of Santurbán and allied international organizations. Bucaramanga, Bogotá, Washington, Ottawa, Amsterdam. National and international civil society organizations rebuffed the International Centre for Settlement of Investment Disputes’ (ICSID) refusal to accept an Amicus Curiae within the process of the ongoing international arbitration brought forth by Canadian mining company Eco Oro Minerals Corp. against Colombia. The arbitration centre is hearing the ongoing international arbitration put forth by the Canadian company in question against the Andean nation. The company is attempting to pursue its Angostura gold mining project in the Santurbán páramo, located in the northeast of the country. The arbitration questions the decisions taken by the Colombian State to protect its páramos, high mountain wetlands that are a natural source of water for 70% of its inhabitants. The arbitration is being heard at the ICSID, an organization dependent on the World Bank that is in charge of the resolution of disputes between investors and States. Colombia could be condemned to pay $746 million US dollars, an unprecedented sanction for the country. “At a time when Latin American countries are embracing the principles of environmental democracy with the adoption of the Escazú Agreement, ICSID is going in the opposite direction. It is regrettable that in the midst of the regional movement for transparency and participation, ICSID has opted to constrict itself even more. In doing so, it is only generating more anger and distrust, not only in the face of this mechanism, but also in the face of the whole system of Investor-State Arbitration worldwide,” stated Carla García Zendejas, Senior Attorney at the Center for International Environmental Law (CIEL). “The communities affected by mining in Santurbán have to be heard and can provide crucial elements for the case,” said Carlos Lozano, Senior AIDA Attorney. The organizations consider that the Committee for the Defense of Water and the Páramo of Santurbán has a significant interest in the outcome of the process and that they could have provided expertise to the arbitration tribunal, which would have been helpful for a better decision in the case. In the same way, they urge ICSID to expand citizen participation and make its decision-making processes more transparent. This is transcendental for the public interest of the countries whose governments are subject to its jurisdiction. Find more information on the case here. PRESS CONTACTS: Alix Mancilla, Comité para la Defensa del Agua y el Páramo de Santurbán, [email protected], +57 311 2439273 Carla García Zendejas, CIEL, [email protected], +1 202 374 2550 Carlos Lozano Acosta, AIDA, [email protected], +57 300 56 40 282 Kirsten Francescone, MiningWatch Canada, [email protected], +14373459881 Kristen Genovese, SOMO, [email protected], +31 65 277 3272, Manuel Perez Rocha, Institute for Policy Studies, [email protected] +1 240 838 6623
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Inter-American Commission urges Brazil to address damages to indigenous peoples caused by Belo Monte Dam
Following its visit to Brazil, the Inter-American Commission on Human Rights called the attention of authorities and civil society to the urgent need to address repeated violations of the rights of indigenous communities. The Commission highlighted the case of the Mïratu de Paquiçamba community, which has been affected by the construction of the Belo Monte Dam. Rio de Janiero, Brazil. Concluding its visit to the country, the Inter-American Commission on Human Rights (IACHR) urged Brazilian authorities and society in general to recognize, address, and quickly resolve repeated violations of the human rights of indigenous communities. The Commission emphasized the case of the Mïratu indigenous community, affected by the environmental damages caused by the construction of the Belo Monte Dam. In Brazil, indigenous communities “suffer from frequent incidents of violence and lack of attention from public services, in addition to increased difficulties and obstacles surrounding claims to their lands,” said Commissioner Antonia Urrejola Noguera, IACHR Rapporteur for Brazil, while presenting the Commission’s preliminary conclusions. “Brazil has been one of the largest violators of the human rights of indigenous communities. In their meeting with the Commission, the Brazilian Indigenous Communities Organization (APIB) presented these cases and expressed its concern over the current political landscape, in which a discourse of hatred and racism has been growing, even among government institutions,” said Luiz Eloy Terena, APIB’s legal advisor. On November 7, the Commission’s delegation visited Mïratu Village, located in the Paquiçamba indigenous region in the state of Pará. Mïratu is one of the indigenous communities affected by the Belo Monte Dam. It was the first time the Commission visited that area. There, the Commission heard testimonies from indigenous people and fishermen, who are fighting to maintain their traditional way of life despite damages including: the death of thousands of fish; the pollution of the Xingú river; forced displacement from their lands without adequate relocation; and the development of culturally inappropriate projects. Village leaders reported that those damages have disproportionately affected women and children. The Commission also heard from representatives of Altamira, the city nearest the dam. “We’d like to highlight the importance of the Commission’s historic visit to Mïratu Village, and recognize the negative impacts that the Belo Monte Dam has had on the human rights of the people of the Xingu River basin,” said Astrid Puentes Riaño, co-director of the Interamerican Association for Environmental Defense (AIDA). “It is now up to the government of Brazil to adopt the decisions and recommendations of the Commission, complying with the rule of law and protecting the people of their country.” During the visit, those affected by the dam were especially concerned over next year’s scheduled implementation of a plan to manage the flow of the Xingú River. Known as a consensus hydrogram, it would divert the water that indigenous and riverine communities, as well as plants and animals, rely on to survive. “The commissioners had the opportunity to confirm the severity of the impacts and the understand the urgent need to revise the criteria used to define the residual flow that the Xingu must maintain in order to guarantee the subsistence and culture of indigenous and riverine communities in the Vuelta Grande region,” said Bivany Rojas from the Socio-environmental Institute (ISA). In 2011, communities along the Xingu—represented by AIDA, the Paranese Society for the Defense of Human Rights (SDDH), and Justiça Global—filed a complaint against Brazil, bringing the case in front of the Commission. That same year, the Commission granted precautionary measures to affected indigenous communities. The case formally began in December 2015, and participating organizations presented final arguments in May of this year. Based on those and the arguments put forward by the the Brazilian State, the Commission will publish a report concluding whether human rights violations occurred from the construction of the Belo Monte Dam. They may then decide to issue recommendations for Brazil to remedy those damages. Demonstrating progress and a respect for the rights of indigenous communities—in cases like the Xucuru, the Xingu, and Guyraroka peoples—represents an important opportunity to strengthen rule of law and embrace progress in Brazil. press contacts: Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Isabel Harari (Brazil), ISA, [email protected], +5561998261213
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UN Committee recommends Argentina “reconsider” the use of fracking
The Committee on Economic, Social and Cultural Rights of the United Nations expressed its concern about Argentina’s intention to exploit unconventional oil and gas reserves in Vaca Muerta, one of the world’s largest shale deposits. It recommended the goverment reconsider those plans to ensure compliance with the nation’s international commitments on climate change. Geneva, Switzerland. The Committee of Economic, Social and Cultural Rights of the United Nations recommended that Argentina reconsider its plans for the large-scale exploitation of shale gas and oil in Vaca Muerta, one of the world’s largest deposits of unconventional hydrocarbons. The Committee expressed its concern after reviewing the nation’s fourth report to the Universal Periodic Review on human rights, encouraging the government to reconsider the use of fracking in order to ensure compliance with its international obligations on climate change. "The Committee is concerned that this hydraulic fracturing project contradicts the State’s commitments to the Paris Agreement, and would have a negative impact on global warming and the enjoyment of economic and social rights by the global population and future generations," read the concluding observations on Argentina's report, approved by the Committee at its 64th session, which took place from September 24 to October 12, 2018. The Committee urged the State "to promote alternative and renewable energies, reduce greenhouse gas emissions and establish national targets with benchmarks defined over time." The Committee also expressed concern about the lack of adequate evaluation of fracking’s negative impacts on the environment and human health, and about the absence of prior consultation with affected local populations. In that sense, the Committee entrusted the Argentine State to: "... adopt a regulatory framework for fracking that includes assessments of its impact in all provinces, preceded by consultations with affected communities, and with appropriate documentation of its effects on air and water pollution, radioactive emissions, risks to health and safety at work, its effects on public health, noise pollution, light and stress, potential seismic activity, threats to agriculture, soil quality, and the climate system." The UN Universal Periodic Review is a process that offers each State the opportunity to declare what measures it has adopted to improve the human rights situation in the country and to comply with its obligations in this area. Its objective is to improve that situation and address human rights violations wherever they occur. PRESS CONTACTS: Víctor Quintanilla (Mexico), AIDA, [email protected], +5215570522107 Fernando Cabrera, Opsur, [email protected], +5492995864313
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Organizations request Mexico list parrotfish as protected species
Parrotfish are vital to the health of coral reefs, and the Mexican State has an obligation to protect them. In a letter to the government, AIDA outlined the international obligations Mexico has to preserve its coral reefs, requesting that ten species of parrotfish be included in the nation’s list of protected species—a proposal spearheaded by the Healthy Reefs Initiative. Mexico City. Using arguments based in international law and knowledge of environmental treaties, the Interamerican Association for Environmental Defense (AIDA) requested that the Mexican government include ten species of parrotfish in the national registry of protected species, under Official Mexican Law 059, which is currently being updated. AIDA made the request through a letter to the National Advisory Committee for the Normalization of the Environment and Natural Resources, in support of a proposal the Healthy Reefs for Healthy People Initiative made in September in coordination with Casa Wayuu, the Kanan Kay Alliance and the Mexican Center for Environmental Law (CEMDA). “The species of parrotfish we are trying to protect play a vital role in the survival of coral reefs because they feed on algae which otherwise deprive the coral of light and oxygen,” said AIDA attorney Camilo Thomson. “Populations of these fish have declined drastically due to habitat degradation, pollution and climate change. Studies done by the Health Reefs Initiative, among others, have shown that 60 percent of the coral reefs in the Mexican Caribbean are in either poor or critical condition.” The organizations are calling for the following species to be listed under some category of risk in Official Mexican Law 059: the stoplight parrotfish (Sparisoma viride), the rainbow parrotfish (Scarus guacamaia), the blue parrotfish (Scarus coeruleus), the midnight parrotfish (Scarus coelestinus), the queen parrotfish (Scarus vetula), the princess parrotfish (Scarus taeniopterus), the striped parrotfish (Scarus iseri), the redband parrotfish (Sparisoma aurofrenatum), the redtail parrotfish (Sparisoma rubipinne), and the yellowtail parrotfish (Sparisoma chrysopterum). The letter outlines the treaties and conventions that oblige the Mexican State to adequately fight threats to species requiring special protection—species like herbivorous fish, which are vital for the health of Caribbean reefs and other marine ecosystems. These agreements include the Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region (also known as the Cartagena Convention), the United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, the Ramsar Convention, the Convention concerning the Protection of World Cultural and Natural Heritage, the Tulum Declaration, and the International Coral Reef Initiative. “The letter also mentions the Advisory Opinion on human rights and the environment issued by the Inter-American Court of Human Rights,” Thomson added. “In that decision, the Court strengthens States’ obligations to protect human rights and acknowledges the close relationship that has with environmental protection.” Despite serving as fish hatcheries and natural barriers against hurricanes—among other key functions—coral reefs are very fragile and vulnerable to climate change, the consequences of which include ocean acidification, sea level rise and algal blooms. The latter are caused by untreated or inadequately treated wastewater being pumped into the Caribbean, and other forms of marine pollution. “The most recent report from the Intergovernmental Panel on Climate Change (IPCC) warned that the warming of the planet’s average temperature by more than 1.5 degrees Celsius would result in the destruction of reefs,” explained Melina Soto, Mexico coordinator for the Healthy Reefs Initiative. “It is therefore urgent States adopt adequate measures to preserve coral reefs, and one way to do that is through the protection of herbivorous fish.” Find more information about the case here. PRESS CONTACTS: Victor Quintanilla (Mexico City), AIDA, [email protected], +521 5570522107 Marisol Rueda Flores (Playa del Carmen), Healthy Reefs for Healthy People, [email protected],+521 9848770815
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