Group Declarations

June 13 2025 Oceans

International Ocean Conference ends with High Seas Treaty on verge of entry into force

Nice, France. The 3rd UN Ocean Conference is ending today with a historic step towards ensuring greater High Seas protection. With 19 additional countries depositing their ratifications, the total number of that count toward the High Seas Treaty’s entry into force has now reached 50. Only 10 more are needed to cross the critical 60-country threshold that would trigger the Treaty’s coming into effect.Several countries have already indicated their intent to deposit their ratification instruments at the UN very soon. There is no obligation for them to wait for the UNGA meeting in September, which could mean the Treaty’s entry into force could be activated in the coming weeks."The journey towards a high seas treaty has been nearly as long as the great migrations of whales, sharks and turtles but the wave of new ratifications at the UN Ocean Conference shows we are in the final straight," said Matthew Collis, Senior Director of Policy at the International Fund for Animal Welfare.In addition to the boost in ratifications, the number of countries signing the Treaty also surged. An extra 20 countries added their signatures during the week, bringing the total number to 136. This is an encouraging sign, as widespread ratification will be crucial to ensuring the Treaty’s full effectiveness.Rebecca Hubbard, Director of the High Seas Alliance, emphasized the urgency to maintain momentum: "We must keep our foot on the #RaceForRatification accelerator. The Treaty’s power lies in the number of countries that join, so while we celebrate this incredible progress, we urge all remaining nations to ratify without delay and help drive this Treaty past the first 60 to make it a truly global force for ocean protection."Around 60 heads of state and government attended the meeting reflecting a significant high level attention for the plight of the ocean. The momentum on High Seas Treaty ratification showed what is possible when the world comes together with urgency and purpose.“This is a landmark moment to safeguard the ocean as our greater common good, an opportunity to achieve equity and justice for all nations, and to empower regions, such as Latin America, in defining actions that can shape a fair and sustainable future for all,” said María José González-Bernat, Co-Director of Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA).Attention is now also turning to how the Treaty will be implemented once it enters into force. Several major announcements were made earlier in the week including the re-launch of the High Ambition Coalition for BBNJ and the €10 million that has been made available through the EU’s €40 million Global Ocean Programme to provide technical assistance to developing countries for both ratification and implementation. Private philanthropy also stepped up with the Minderoo Foundation pledging an additional USD6.5 million to support High Seas protection, and funding was confirmed to support a secretariat for the First Movers initiative, which will help advance early proposals for High Seas marine protected areas.Focus is intensifying on building strong bodies and processes under the Treaty to ensure it functions effectively as well as identifying critical High Seas sites for protection once the Treaty is operational through an ongoing Preparatory Commission process at the UN. Efforts to build the case for High Seas MPA proposals submissions under the Treaty were also showcased at the Conference, profiling a number of areas including the Salas y Gomez and Nazca Ridges, the Lord Howe Rise and South Tasman Sea, the West Indian Ocean Sub-Antarctic and the Thermal Dome in the Eastern Pacific.“While the Race to Ratification will soon come to an end, the hard work to fully implement the treaty is just about to begin. Protecting and sustainably managing the High Seas – 50% of the planet – cannot come soon enough. The inclusion of Indigenous and local knowledge systems in the BBNJ Treaty sets new ocean governance foundations for how and for whom this treaty is implemented,” said Ernesto Fernández Monge, International Oceans Director at Oceans North.Notes to editorAs of Friday 13 June at 1400CET,19 additional instruments of ratification were deposited by countries at the UN during the conference and 20 more countries signed the Treaty, signaling their intent to ratify.Additional countries that ratified during UNOC: Albania, Bahamas, Belgium, Croatia, Côte d’Ivoire, Denmark, Fiji, Malta, Mauritania, Vanuatu, Greece, Guinea-Bissau, Indonesia, Jamaica, Jordan, Liberia, Solomon Islands, Tuvalu, VietnamThe European Union has also deposited its instrument of ratification on 28 May 2025. However, as a regional economic integration organization, its ratification does not count toward the total, only ratifications by its individual member states.Additional countries that signed during UNOC: Andorra, Armenia, Burundi, Cambodia, Equatorial Guinea, Guinea, Guinea Bissau, Jordan, Lebanon, Lesotho, Montenegro, Niue, North Macedonia, Papua New Guinea, Peru, Senegal Serbia, South Africa, Saint Kitts and Nevis, YemenThe High Seas Treaty is formally titled the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement).The High Seas Alliance (HSA) sometimes uses the term “High Seas Treaty“ as a short-hand for the BBNJ Agreement. HSA acknowledges that the scope of the BBNJ Agreement encompasses all Areas beyond national jurisdiction, including the seafloor and water column. This choice of wording is intended to ease understanding for broad audiences and does not convey a prioritization among the components or principles of the BBNJ Agreement.The official status of signatures and ratifications can be found on the UN website and the High Seas Alliance’s ratification tracker. Note: The number shown on the High Seas Alliance tracker reflects only the ratifications that count toward entry into force and does not include the EU’s ratification and therefore differs from the UN’s total count.The Treaty enters into force 120 days after the 60th instrument of ratification has been deposited at the UN.For more information on the BBNJ High Ambition Coalition.For more information on the EU’s Global Ocean Programme.A series of Preparatory Commission (PrepCom) sessions are happening at the UN to agree on the different institutions and processes that will sit under the Treaty. The first of these sessions happened in April 2025, the second one will be from 18-29 August 2025, and a third one is likely to take place in early 2026. The way these institutions are structured and how they function will shape the Treaty’s long-term effectiveness and determine how quickly global ambition can be translated into tangible results for ocean protection, including the establishment of High Seas marine protected areas.Members quotes-RISE UP: "The wave of High Seas Treaty ratifications at UNOC 3 marks a powerful step toward a thriving ocean future, bringing us closer to protecting our shared ocean heritage. Implementation must be driven not only by science and policy, but also by the leadership and wisdom of Indigenous Peoples and traditional knowledge holders. This is ocean justice in action." – Flora McMorrin, Director, RISE UP.-The Ocean Race: "We at The Ocean Race are thrilled to become a Friend of the High Seas Alliance, recognizing the vital alignment in our joint race for the Ocean. We look forward to collaborating to help the implementation of the High Seas Treaty, working towards the 30x30 target and amplifying critical campaigns for ocean health.” - Richard Brisius, Race Chairman, The Ocean Race.-Accountability.Fish: "A great watershed in the history of sustainable ocean governance. With sufficient support for getting the BBNJ implemented on short notice, Nice has proved a boost for the international commitment with saving biodiversity on the High Seas." - Steven Adolf, Senior Advisor for Accountability.Fish.-AIDA: "The entry into force and the implementation of the BBNJ Agreement is a landmark moment to safeguard the ocean as our greater common good, an opportunity to achieve equity and justice for all nations, and to empower regions, such as Latin America, in defining actions that can shape a fair and sustainable future for all." - María José González-Bernat, Co-Director of Ecosystems Program of AIDA. -Birdlife International: "As a member of the High Seas Alliance, BirdLife International stands ready to provide the science, tools and global-to-local action to build a strong High Seas treaty. Here at UNOC, we now commit to identify the most important areas across 100% of ocean flyways until 2030. This is a key building block for the High Seas treaty to be successful. We call on governments to unite in saving our ocean and to send a strong signal from Nice to the world." - Martin Harper, CEO of BirdLife International.-Global Choices: "Global Choices congratulates the High Seas Alliance on driving increasing ratifications of the BBNJ and we add our voice to the call for urgent full and meaningful implementation of the Agreement. For our work on collaborating to protect the Central Arctic Ocean, an Area Beyond National Jurisdiction, the enhanced Environmental Impact Assessments in the BBNJ agreement will be of particular benefit to enhancing precaution of harm to this most fragile and unique biome." - Inge Relph - Executive Director and Co-Founder, Global Choices.-OceanCare: "Over the past week, we’ve seen an impressive wave of ratifications. While this is a major milestone, it is only the beginning. The real work lies in implementation — and the true test will be whether the Agreement delivers tangible benefits for marine ecosystems. Success will depend on robust institutional arrangements, adequate financing, capacity-building, and genuine cooperation among States and stakeholders. We must seize the momentum generated by the 3rd UN Ocean Conference and act swiftly — the health of our ocean hangs in the balance." - Fabienne McLellan, Managing Director at OceanCare.-The German Ocean Foundation: "The German Ocean Foundation celebrates the growing number of States who have ratified the BBNJ Agreement and urges other States, in particular the German government, to prioritize ratification, so that this treaty can realise its true potential as the catalyst for meaningful and lasting protection of the High Seas that it is designed to be." - Frank Schweikert, Director of the German Ocean Foundation.-Campaign for Nature: "Jumping from 31 to 50 country ratifications within a few days is a remarkable achievement. We now need to capitalise on this momentum and ensure we reach the magic number of 60 before the UN General Assembly meets in September in New York. Every country should aspire to be among this top 60 in the next three months." - Adrian Gahan, Ocean Lead, Campaign for Nature.-MarViva Foundation: "UNOC presented a unique opportunity to strengthen the momentum around the protection of the high seas. We look forward to continuing working along with governments and partner organizations from the High Seas Alliance to ensure the implementation of the BBNJ Treaty and the adequate management and conservation of key sites such as the Thermal Dome." - Katherine Arroyo Arce, Executive Director.-IFAW (The International Fund for Animal Welfare): "The journey towards a high seas treaty has been nearly as long as the great migrations of whales, sharks and turtles but the wave of new ratifications at the UN Ocean Conference shows we are in the final straight. IFAW urges all nations that have not yet done so to ratify the treaty as a matter of urgency so we can at last give meaningful protection to marine life on the high seas." - Matthew Collis, Senior DIrector of Policy.-Sustainable Ocean Alliance: "The BBNJ Treaty is a historic step toward protecting the biodiversity of the high seas, a global commons that no country owns, but all depend on. Contrary to misinformation, this agreement fully respects national sovereignty: it only applies to the High Seas that is generally beyond 200 nautical miles, where no country has exclusive rights. By ratifying the BBNJ Treaty, countries are not giving up power, they are stepping up to protect life beyond borders and ensure that international waters are governed by cooperation, science, and fairness." - Daniel Cáceres Bartra, SOA Hispanoamérica.-Greenpeace International: "Ratification of the High Seas Treaty is now within touching distance. The progress made on Monday reminded us of the multilateral cooperation we saw when the Treaty text was agreed by consensus in 2023. This momentum now must be maintained. We need to cross the threshold of sixty ratifications as soon as possible, so the Treaty can enter into force in 2025. Following this, we must see governments take marine protected area proposals to the first Ocean Conference of Parties in 2026. One billion people rely on the oceans, and if we can protect 30% of the oceans using this Treaty, they will continue to provide for us." - Megan Randles, Greenpeace International’s Head of Delegation for the Conference.-WILDTRUST: "The South African based NGO WILDTRUST – WILDOCEANS programme team have been blown away by ocean conservation commitments made by both the South African government and the Union of Comoros at UNOC 2025. South Africa’s Minister of Forestry, Fisheries and the Environment Dr Dion George, signed the BBNJ Agreement, also known as the High Seas Treaty, on the 9th of June. The Minister touched on how signing the Agreement builds on the countries record of active multilateral engagement and positions them as a bridge-builder between global ambition and local action for the oceans.On Tuesday the 10th of June the Ministry of Comoros confirmed the country’s readiness to take swift action to support global marine conservation goals. They signed and committed to move to ratify the High Seas Treaty, as well as pledged to protect 30% of their ocean by designating approximately 50 000km2 in Marine Protected Areas by 2030.Ecological sustainability is only possible when paired with socio-economic prosperity, especially in vulnerable coastal communities, where lasting marine conservation depends on both nature and people thriving together," commented Strategic Ocean Lead at the WILDTRUST. "This is why we are so pleased about these bold steps to protect the western Indian Ocean at large."-Oceans North: "While the Race to Ratification will soon come to an end, the hard work to fully implement the treaty is just about to begin. Protecting and sustainably managing the high seas – 50% of the planet – cannot come soon enough. The inclusion of Indigenous and local knowledge systems in the BBNJ Treaty sets new ocean governance foundations for how and for whom this treaty is implemented." - Ernesto Fernández Monge, International Oceans Director, Oceans North.-The Ocean Project: "We are highly encouraged with the progress made toward ratification and urge all nations to "seas the day" and swiftly ratify the High Seas Treaty. Ratification provides an historic opportunity for nations of the world to come together and finally safeguard this global commons. Critically important, ratification will provide the ability to protect at least 30% of the ocean, which nations of the world committed to achieving by 2030. Doing so will help both current and future generations because no matter where we live on our blue planet, we all need a healthy ocean to survive and thrive." - Bill Mott, Executive Director, The Ocean Project | World Ocean Day.-Conservation International and the Coral Reefs of the High Seas Coalition: "The wave of international commitments to the High Seas Treaty signals growing global recognition that we must urgently conserve marine biodiversity in our shared ocean. This landmark agreement lays the foundation for creating marine protected areas beyond national jurisdiction - safeguarding the rich biodiversity and deep cultural heritage of the high seas for future generations." - Haydée Rodriguez-Romero, Director of the Coral Reefs of the High Seas Coalition, Conservation International.-The Pew Charitable Trusts: “"This remarkable progress demonstrates the global community’s commitment to swiftly implement the BBNJ Agreement and secure benefits for marine life and people worldwide. This includes a global ambition to establish the first generation of high seas marine protected areas, which is critical for meeting the world’s 30 by 30 conservation goal within the next five years." – Nichola Clark, senior officer on The Pew Charitable Trusts’ ocean governance team.-Iceland Nature Conservation Association: "We very much welcome Iceland’s commitment to ratifying the BBNJ treaty during the autumn session of the Icelandic Parliament. However, given Iceland’s previous commitments, Iceland must be among the first 60 states to ratify the BBNJ." - Árni Finnsson, Iceland Nature Conservation Association.-iSea: "At iSea, we are proud to have supported the High Seas Alliance's Race for Ratification, and we welcome Greece’s and Cyprus's ratification of the BBNJ Agreement as a crucial step toward ocean protection. With only a few national ratifications remaining after the momentum of UNOC3, the High Seas Treaty is closer than ever to entering into force. As an NGO dedicated to the conservation of the marine environment, iSea remains committed to actively supporting the next steps for the Treaty’s effective implementation worldwide."-Global Fishing Watch: "UNOC has given us a glimmer of hope that the challenges facing our ocean are being seen and will be tackled. Transparency at all levels has rightly emerged as crucial in this work, because we can’t protect what we can’t see. As we edge closer to the High Seas Treaty coming into force, governments need to double down - using both transparency and new technologies - to safeguard the ocean and its riches for the benefit of all those who rely on it." - Tony Long, chief executive officer of Global Fishing Watch.-The Nature Conservancy: "Achieving meaningful change on the high seas requires a whole-ocean approach grounded in global cooperation and local leadership. The momentum behind the BBNJ Treaty shows that this is possible. Now is the moment to double down. As we approach the 60 ratifications needed to bring it into force, we move closer to protecting the ocean systems that sustain life— safeguarding food security, livelihoods, and climate resilience for communities around the world." – Dr. Elizabeth McLeod, Global Ocean Director, The Nature Conservancy.-Iceland Nature Conservation Association: "We very much welcome Iceland’s commitment to ratifying the BBNJ treaty during the autumn session of the Icelandic Parliament. However, given Iceland’s previous commitments, Iceland must be among the first 60 states to ratify the BBNJ." - Árni Finnsson, Chair of Board, Náttúruverndarsamtök Íslands / Iceland Nature Conservation Association.-EarthEcho: "On behalf of our global community of young people at EarthEcho, I am extremely excited by the multilateral progress made here at Nice in the Race for Ratification. Young people are already strongly mobilized in laying the groundwork for BBNJ Treaty implementation, and we’re ready and eager to hit the ground running once it enters into force. To our world leaders, the ball is in your court!" - Taylor Cargill, EarthEcho International Youth Leadership Council member.

March 10 2025 Climate Change, Freshwater Sources, Mining

Declaration of a Temporary Reserve Area in the Santurbán Páramo is a victory for the defense of water in Latin America

Civil society organizations celebrate the measure taken by the Colombian Ministry of the Environment, which involves a two year suspension of Canadian company Aris Mining's gold mining project in the páramo.Bogotá, Colombia. The Interamerican Association for Environmental Defense (AIDA), the Institute for Policy Studies (IPS) - Mining and Trade Project, MiningWatch Canada, the Center for International Environmental Law (CIEL) and Common Frontiers Canada celebrate the Colombian Ministry of Environment and Sustainable Development’s (MADS) resolution that declares the western side of the Santurbán massif a temporary renewable natural resource reserve area. This major step strengthens the protection of one of the most emblematic high-altitude Andean wetlands, known as páramo, and its related ecosystems, which are fundamental for climate change adaptation and water security in the region for an estimated 2 million people.Resolution 0221, issued on March 3, 2025 by the Ministry of Environment and Sustainable Development (MADS), delimits and protects an area of 75,344.65 hectares, ensuring a two year provisional suspension of the Soto Norte gold mining project owned by Canadian company Aris Mining and its Colombian subsidiary, Sociedad Minera de Santander S.A.S. (Minesa), which puts Santurbán at risk. Citing the precautionary principle, the resolution prohibits the granting of “new mining concessions, special exploration and exploitation contracts, (...) as well as new environmental permits or licenses for the exploration or exploitation of minerals” in the area until the necessary technical studies are carried out toward its definitive protection. This resolution does not affect agricultural, livestock or tourism activity in the area.However, we are concerned that the resolution leaves in force the concession contract with Calimineros, which has had a subcontract with Minesa to formalize [its small-scale mining activities] since 2020, and from which Minesa promises to buy and process mineralized material. We encourage the competent authorities to suspend evaluation of its environmental license application and extension of the formalization subcontract, due to potential environmental impacts on Santurbán and because it is effectively part of the Soto Norte project.The páramo and related ecosystems are highly sensitive, recognized for their role in water regulation, carbon capture, and the conservation of endemic biodiversity. The removal of vegetation cover and the fragmentation of ecosystems that mining in Santurbán would generate could affect the ecological balance, biodiversity, and the provision of ecosystem services essential for life; acidify and reduce the amount of available fresh-water; and break the ecological interconnectivity with other biomes and ecosystems, destroying their capacity to sequester carbon and causing irreparable damage.For these reasons, we appreciate that the resolution seeks to prevent mining development in this highly sensitive and environmentally important area, preventing degradation of the watersheds that arise from Santurbán and preserving the water cycle.Sebastián Abad-Jara, an attorney for AIDA, pointed out that "by protecting Santurbán, Colombia ratifies its commitment to meet global environmental goals in terms of biodiversity, climate and wetlands, and sets a high bar for the governments of other countries where these ecosystems are similarly threatened by mining activity, such as Peru and Ecuador.""We celebrate this declaration as an important first step toward the consolidation of the western side of the Santurbán massif as a permanent reserve area, definitively protecting this important water source, vital for all who depend on it," said Jen Moore, associate fellow at IPS - Mining and Trade Project.Viviana Herrera, Latin America Program Coordinator for MiningWatch Canada, added that "this resolution is the result of the Committee for the Defence of Water and Páramo of Santurbán’s hard work, which has faced harassment and intimidation for its work in defense of the páramo, as well as disinformation campaigns about the supposed harmful effects of the resolution on agricultural activity."AIDA, IPS-Mining and Trade Project, MiningWatch Canada, CIEL and Common Frontiers Canada support the adoption of this protection measure for Santurbán. We also encourage the national and local government to carry out the necessary technical studies for its definitive protection, and to take preventive measures to avoid the cumulative environmental impacts of mining in the area given other projects that already have mining licenses. Furthermore, we reiterate the urgency of adopting measures to protect environment defenders in Colombia who stand up for the páramo.The Santurbán experience provides valuable lessons and should serve as an example to promote legislation for environmental protection in Latin America that focuses on the human right to water and the balance and integrity of fragile ecosystems, such as the páramo and other high-altitude ecosystems.#OurGoldIsWater Press contactsVictor Quintanilla (Mexico), AIDA, [email protected], +5215570522107Jennifer Moore, IPS, [email protected], +12027049011 (prensa IPS)Viviana Herrera, Mining Watch Canada, [email protected], +14389931264Alexandra Colón-Amil, CIEL, [email protected], +12024550253

Restos de carbón a varios kilómetros del lugar de extracción en La Jagua de Ibirico, departamento del Cesar, Colombia

February 10 2025 Human Rights, Mining

Colombia: Communities and workers win first court ruling on coal mine closure that protects their rights

The Interamerican Association for Environmental Defense (AIDA) celebrates the ruling of the Constitutional Court of Colombia, which recognizes the rights to due process and participation of communities and workers in the closure of coal mining projects in the department of Cesar. This ruling comes after years of insistence by these groups, who filed a tutela lawsuit. In this case, AIDA contributed with a legal brief that includes the analysis it has conducted on the issue of closure and responsible exit in Latin America, from the perspective of the right to a healthy environment and other human rights.Below, we share the statement of the communities and workers on the occasion of the ruling.The Constitutional Court of Colombia issued the first ruling on mine closures in the country (T-029 of 2025). It guaranteed due process and, consequently, the effective participation of the communities and unions representing more than 20,000 people in the more than four municipalities affected by the environmental, social and economic impacts of the first irregular abandonment and closure of large-scale coal mines in Colombia.We, a group of affected communities and dismissed workers from Cesar and Magdalena, have led a legal action for more than four years to ensure a public dialogue through a large consultation table where the communities, dismissed workers, local authorities and the affected citizens in general of the mining municipalities of La Jagua, El Paso, Becerril and Ciénaga can know and participate in the definition of compensation and restoration measures that the multinational Glencore - Prodeco must carry out in these municipalities as part of its mining abandonment and closure plan, which is in the process of being approved by the National Environmental Licensing Authority (ANLA).In this ruling, the court determined that the Seventh Administrative Court of Valledupar violated the fundamental right to due process by considering that the multinational company had complied with this participation process with a SINGLE socialization meeting held in November 2022 in these municipalities, which is clearly insufficient and does not comply with what was agreed in the minutes of the meeting, where the commitment of the parties was to convene the GREAT TABLE OF DIALOGUE AND CONCERTATION in the presence of the affected population of these four municipalities.The court ordered to initiate again the opening of the contempt proceeding against the legal representative of Grupo Empresarial PRODECO S.A. and to review the compliance with the judgment and the agreement contained in these minutes.We, as communities and unions of the mining corridor, supported by national and international civil society organizations, and represented in court by attorney Rocío Torres Bobadilla, consider that this public roundtable may be the last opportunity for us to make a balance of what has happened in our territories after 25 years of exploitation and achieve measures for Glencore to compensate and restore all the impacts caused.Therefore:We invite Glencore - Prodeco to a constructive dialogue, to avoid evasive maneuvers and to respect the importance of this judicial decision.We request the Colombian State, headed by the ANLA, the DEFENSORIA and the PROCURADURÍA to accompany us in this process, support this judicial decision and strengthen our protection measures to guarantee our safety as leaders in this process to comply with this ruling.We request national and international organizations to continue supporting us to guarantee a real and effective participation and that this GREAT CONCERTATION TABLE is fulfilled. Finally, we ask the entire population of the country and especially of the municipalities of La Jagua, Becerril, El Paso and Ciénaga to accompany us, support us and join us in a great process to DEFEND THIS JUDICIAL DECISION which is HISTORIC for our territory in order to restore and compensate the serious environmental and social impacts caused by the irregular mining closure and to find measures to address the great poverty and unemployment we are experiencing.Join us to be heard, to heal our territories and to recover our economy.Signed byJunta de acción comunal de BoquerónConsejo Comunitario Afrodescendiente Coafrovis de la Victoria de San IsidroRed de Mujeres del Municipio del Paso Asamblea Campesina del Cesar por la Restitución y el Buen Vivir Asociación de Usuarios Campesinos (ANUC) el Paso Sindicato Nacional de Trabajadores del Carbón (Sintracarbón) Sindicato Nacional de los Trabajadores de la Industria Minero-Energética (Sintraminergetica) Sindicato Nacional de los Trabajadores Mineros Asociación del Reguardo Sokorhpa del Pueblo Indígena Yukpa Consejo Comunitario Caño Candela de Becerril Junta de Acción Comunal del Barrio Don Jaca en Santa Marta Corregimiento de Cordobita en Ciénaga (Madgalena) Vereda el Hatillo Representante Junta de Acción Comunal Sororia de la Jagua de Ibirico Centro de Estudios para la Justicia Social Tierra Digna Rocío Torres Bobadilla- environmental rights defender National and international organizations and defenders that SUPPORT US:Universidad del Magdalena Universidad del Magdalena Clínica Jurídica Interamerican Association for Environmental Defense (AIDA)London Mining Network PAX Holanda PAX Colombia CNV InternationaalSolifonds Multiwatch ASK Switzerland-Colombia Working GroupUrgewald Polen –Transiciones JustasAna Catalina Herrara - labor rights defenderÁngela Velandia Cruz – human rights defender

January 31 2025 Climate Change, Human Rights, Freshwater Sources

Life in Andean wetlands at risk from extractivism

The expansion of industrial extraction of lithium and other minerals for the energy transition of the global north threatens wetlands in Argentina, Bolivia and Chile. These delicate ecosystems are an abundant source of life and fundamental for human subsistence, environmental balance and for mitigating and adapting to the climate crisis.The Andean wetlands - including salt flats, lakes and lagoons - of Argentina, Bolivia and Chile are at serious risk due to the advance of the extraction of lithium and other minerals demanded for the energy transition in the countries of the global north. The Andean Wetlands Alliance warns of this threat to these ecosystems where life abounds and which are key to human subsistence and biodiversity in general and to the fight against the climate crisis.This year, the Convention on Wetlands proposes as the theme for World Wetlands Day: “Protecting wetlands for our common future”. This theme highlights the importance of collective action to protect these ecosystems, on which the future of humanity depends.According to United Nations data, although they cover only 6% of the earth's surface, wetlands are home to 40% of all plant and animal species. And, worldwide, more than 1 billion people (one eighth of the Earth's population) live in rural and urban areas that depend on these ecosystems for their livelihoods. However, with a 35% global loss in the last 50 years (since 1970), wetlands are the most threatened ecosystem, disappearing three times faster than forests.In Latin America, the Andean wetlands of the Gran Atacama region - located in the border area of Argentina, Bolivia and Chile - are home to unique species of flora and fauna, especially adapted to extreme climatic conditions, as well as microorganisms that absorb carbon dioxide and release oxygen. Its high capacity to purify and store water guarantees the supply of the resource for communities and species, also generating conditions for adaptation to the climate crisis.However, due to the presence of large quantities of lithium in these wetlands - the three countries concentrate more than 53% of the resources (potentially exploitable material) of the mineral - there is great pressure on them: corporate and state actors have developed a growing and massive mining industry to meet the demand for lithium in the global north, oriented to the manufacture of electric vehicles and energy storage from renewable sources, among other purposes.On the other hand, national and provincial governments see the industry as an opportunity to attract investment and strengthen their economies, for which they relax or poorly implement regulations that require an adequate analysis of the environmental and social impacts of projects. Likewise, there are no processes of consultation and free, prior and informed consent with the indigenous communities living in the territories. Nor are the rights of access to information, citizen participation, access to justice in environmental matters, or a safe environment for environmental defenders guaranteed.One of the main impacts of this type of mining (lithium extraction) is on water, a central element of Andean wetlands. Lithium is extracted from the water beneath the salt flats, a process that requires both saltwater and freshwater. Andean wetlands exist in regions where survival depends on the scarce water that defines them. The expansion of extractivism in the Gran Atacama regionArgentinaAccording to official data, the country has a portfolio of more than 50 lithium projects in different stages of progress, mainly located in the provinces of Salta, Catamarca and Jujuy. Three of them are in production and export stage (a fourth project started production in July 2024), four are under construction and more than 40 are at different stages of progress (prospecting/exploration/feasibility), mostly in advanced exploration phase. In Salta and Jujuy operate large companies such as Pan American Energy, Pluspetrol and Tecpetrol, historically linked to the oil and gas industry, which are now expanding their presence in renewable energy sectors, with a marked interest in lithium extraction.However, through an amparo action filed against the authorities and government of the province of Jujuy, it has come to light that there are more than 40 mining projects in the Salinas Grandes Basin and Guayatayoc Lagoon alone, an endorheic basin where more than thirty native communities belonging to the Kolla and Atacama peoples/nations live. To date, their progress and whether there are other projects is unknown because access to public environmental information is restricted and is not provided in a complete and timely manner, in breach of national regulations and international standards. In the Salar del Hombre Muerto, Catamarca, is the oldest lithium mining enclave in the country. The salt flat has been exploited since 1996 by the company Livent (now Arcadium Lithium), causing the total and irreversible drying up of the vega of the Trapiche River. In March 2024, the Supreme Court of Catamarca ordered a halt to mining activity in this salar until a cumulative environmental impact assessment is conducted. BoliviaIn the Salar de Uyuni, the largest in the world, resources of 23 million tons of lithium have been identified. And there are 26 other salt flats that, by regulation, are reserved for the exploitation of the mineral; exploration activities are being carried out in six of them. In Bolivia, lithium is state-owned. The country has a state-owned exploitation plant that began operating in 2024 at 20% of its capacity. In 2012 and 2018, two public consultations were held for state-owned plants, but these excluded indigenous and native communities with titled collective lands. Some communities have informally denounced a significant depletion of springs and water wells. The degradation of the Salar de Chalviri and the overexploitation of lithium and boron in the Salar de Capina have also been denounced.Since 2023, agreements have been signed and exploration and camp installation activities have begun with one Russian and two Chinese companies. These agreements have resulted in two contracts, signed at the end of 2024 and pending approval by the Legislative Assembly, with the Russian company Uranium One Group for a plant in the Salar de Uyuni and with the Chinese consortium CBC Hong Kong (CATL-BRUMP-CMOC companies) for two other plants in the same salar. Also at the end of last year, a second international call was launched for the exploitation of four other salt flats (Empexa, Capina, Cañapa and Chiguana), which has resulted in the signing of agreements with the companies EAU Lithium Pty Ltd (Australia), Tecpetrol S.A. (Argentina) and Geolith Actaris (France). These agreements, contracts and processes have been developed without prior consultation processes and with a lack of transparency. ChileThe Salar de Atacama basin is home to more than 90% of Chile's lithium reserves and was one of the first to be exploited by the mining industry. Currently, there are four major mining operations in the Salar Atacama, located in the Antofagasta Region: lithium extraction by Sociedad Química y Minera de Chile (SQM) and Albemaerle, under contracts with the Corporación de Fomento de la Producción (CORFO), which involves the extraction of more than 2,000 liters of water per second; and the parallel extraction of copper by Minera Escondida and Minera Zaldívar, which extract more than 1,400 liters of fresh water per second, aggravating the already critical water crisis in the area. The Atacameño Community of Peine, who live in the salar basin, has taken legal action denouncing the overexploitation of their aquifers, while in Calama, citizen movements are demanding water governance in the face of uncontrolled extraction by mining companies. In 2015, a government-appointed committee recognized that brine extraction has adverse effects on the ecosystem, but instead of regulating its use, it confirmed the government's long-standing policy of regulating lithium production.In Chile, the government has exclusive property rights over lithium under Decree Law 2886 (1979). This means that state institutions, particularly CORFO, set the conditions under which private companies operate in the salars. In 1979, following U.S. directives, the Chilean government - the dictatorship of Augusto Pinochet - declared lithium a “strategic mineral” and took measures to safeguard long-term reserves by limiting production through quotas accredited by the Chilean Nuclear Energy Commission.The National Lithium Strategy, launched in 2023, seeks to expand state exploitation, including new projects in the Maricunga and Pedernales salt flats. Chile concentrates 36% of global lithium production and, with at least 31 new green hydrogen projects in the pipeline, pressure on water resources will increase exponentially. It is known that, since 2013, on SQM's property, 32.4% of the carob trees (Prosopis chilenis) have dried up due to lack of water. The carob tree is a native tree, resistant to drought and with very deep roots that allow it to survive in this environment. Press contacts Víctor Quintanilla, Interamerican Association for Environmental Defense (AIDA), [email protected], +52 5570522107Rocío Wischñevsky, Fundación Ambiente y Recursos Naturales (FARN), Argentina, [email protected], +54 1159518538Verónica Gostissa, Asamblea Pucará (Argentina), [email protected], +54 93834771717Juan Donoso, Formando Rutas (Chile), [email protected], +4915780743628

December 14 2024 Human Rights, Mining, Public Participation

European Union regulations and strategies jeopardize a just energy transition in Latin America

Reducing the production and consumption of minerals and deepening its circularity policy could enable the EU to address the social and environmental crises equitably, without exacerbating inequalities or compromising human well-being in the areas of the Global South where minerals are extracted. Brussels, Belgium – Following EU Raw Materials Week, which convened in Brussels this week, civil society organizations in Latin America warned that European Union regulations fail to respect the rights of communities affected or at risk of being impacted by mineral extraction projects used for energy transition and other industries, deepening inequalities in the Global South.While the debate around the future dynamics of raw materials in Europe – under the slogan “Europe means business; Europe is a powerhouse”– sought to foster investment opportunities between EU industry and countries of the Global South, the event fully ignored the realities of the territories in which these minerals are extracted. The effective participation of Latin American civil society has been practically non-existent, and the voices of local communities affected by the “critical minerals” projects promoted at the event have been excluded.“The EU's current raw materials and trade policy contradicts Europe's claim and rhetoric of upholding human rights and the highest environmental standards and supporting mineral-rich countries in creating added value and in their own energy transition.” said Teresa Hoffmann, EU raw materials policy expert and member of FARN. “Instead of making rapid progress in implementing human rights and environmental standards, there is a risk of even deregulating existing laws in the name of ‘competitiveness through simplification.’” The competitiveness paradigmThe event's agenda showcased the paradigm promoted by the European Commission in the framework of competitiveness vis-à-vis other countries such as China and the United States, which also seek to control the market of the so-called “clean technologies” and other industries, such as the military and aerospace. This approach is supported by the Draghi report, which stresses the importance of strengthening Europe's position in the global market.This narrative frames competitiveness in a very narrow perspective of perpetual growth, ignoring key elements such as environmental sustainability, social justice, and the need for real action in order for the EU to take steps to reduce its demand for minerals and its energy consumption.“The new paradigm of competitiveness does not take into account the limits of the planet, nor the climate, biodiversity and water crises, and risks deepening the asymmetry of power and inequality that exist between the countries of the Global South and the Global North, while promoting policies that impede a just global energy transition,” said Pía Marchegiani, deputy executive director and director of the Environmental Policy area of the Environment and Natural Resources Foundation (FARN). European Critical Raw Materials Regulation (CRMR)The Commission this week discussed the implementation of the European Critical Raw Materials Regulation (CRMR) through 'strategic projects' and 'strategic partnerships' in and with countries in the Global South.Critically, although the regulation will be widely implemented in Latin America—where many of these minerals are found in strategic ecosystems and indigenous territories—it does not include robust human rights and environmental due diligence mechanisms appropriate to the socio-cultural context of this region.On the contrary, the CRMR allows European companies to self-regulate their compliance with human rights and environmental standards through schemes that do not consider the complexity of the aggregate and synergistic impacts of extractive activities, which are expanding rapidly due to European and global demand.“Europe is seeking to secure access to minerals and energy through the modernization of free trade agreements, bilateral investment agreements and the CRMR itself. This new law promotes private mechanisms for multi-stakeholder participation and mining standards on environmental issues or transparency, which cannot be understood as a substitute for the procedures and regulations provided for in the laws of countries” said Ramón Balcázar, researcher and executive director of the Fundación Tantí. “Currently, we see them being used by the same companies and states that together systematically deny the right to free, prior and informed consultation to the peoples who are often affected simultaneously by mining and energy mega-projects”. Territorial realities not on the EU agendaIn Latin America, there is vast evidence that large-scale mineral extraction leads to socio-environmental degradation and conflict, and poses serious risks to local communities and environmental defenders.In the Salar de Atacama in Chile and the Salar del Hombre Muerto in Argentina, lithium extraction has generated environmental conflicts, weakened the social fabric, deepened state violence, and significantly affected these sensitive ecosystems.Despite this, government representatives from several Argentine provinces attending the event failed to refer to the lack of social license and the serious socio-environmental conflicts they face. On the contrary, they emphasized the investment opportunities in these mineral-rich provinces and promoted reforms that represent a serious setback for human and environmental rights, such as the Incentive Regime for Large Investments (RIGI), denounced by the Argentinean organization FARN in a recent communication.“The European Union has regulations whose implementation processes do not respect the rights of access and international environmental law,” said Yeny Rodríguez, senior lawyer at the Interamerican Association for Environmental Defense (AIDA). “This is extremely worrying because we know that there are 49 strategic projects applications for the extraction of transitional minerals outside of the EU (out of a total of 170 proposals), but we have no information about which ones. They are likely in the Global South and, more worryingly, they may be planned on indigenous lands and in strategic ecosystems that should be recognized by the EU as no-go zones, or mining-free areas”.We call on the EU to rapidly adopt effective solutions to reduce the production and consumption of minerals and to deepen its circularity policy to address the social and environmental crises in an equitable and intergenerational way, without creating new inequalities or compromising human well-being in Latin America, as recently called for by the UN Economic Commission for Europe itself. Press contactsAnna Miller (USA), AIDA, [email protected], +17166029553Belén Felix (Argentina), FARN, [email protected], +5491134214728Felipe Fontecilla (Chile), Fundación Tantí, [email protected], +56954460903

October 16 2024 Human Rights, Indigenous Rights, Freshwater Sources

COP16: To conserve biodiversity, governments must respect indigenous and local knowledge

At the UN Conference on Biodiversity, countries must also make progress in ensuring the participation of indigenous and local communities in decision-making on biodiversity. The energy transition model of the global north implies irreversible impacts for the Andean wetlands and the communities that inhabit them, whose territories overlap with lithium reserves. Ahead of the 16th meeting of the Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD), which will take place from October 21 to November 1 in Cali, Colombia, the Alliance for Andean Wetlands (Alianza por los Humedales Andinos) calls on member countries to respect, preserve and maintain the knowledge, innovations and practices of indigenous and local communities for the conservation and sustainable use of biological diversity. Doing so implies honoring the obligations acquired with the signing of the treaty.In addition, the signatory countries of the convention must make progress, through the presentation of concrete action plans at the national level, in ensuring the participation of communities in decision-making on biodiversity issues, one of the 23 targets of the Kunming-Montreal Global Biodiversity Framework adopted in 2022.One of the goals of COP16 is to review compliance with these targets, aimed at halting and reversing biodiversity loss by 2030.According to the Living Planet Report, Latin America is the region with the greatest loss of biodiversity, as populations of all species show an average decline of 94% and 83% in the case of freshwater species.The Alliance warns of the irreversible impacts that the energy transition model promoted from the global north implies for the Andean wetlands, where some of the most sought-after transition minerals, such as lithium and copper, are found.These ecosystems harbor more than that: they are home to an enormous and unique biodiversity, as well as to local communities that depend on them and that for thousands of years have protected and preserved them, maintaining the ecological balance. Quotes from members of the Alliance for Andean WetlandsLaura Castillo, Coordinator of the High Andean Program at Fundación Ambiente y Recursos Naturales (FARN), Argentina:"To address the biodiversity crisis, it is crucial to transcend the current paradigm of production and consumption, which promotes excessive use of environmental goods and exacerbates the ecological crisis. To this end, it is imperative to promote the reduction of high levels of consumption of natural goods, especially from the global north. Solutions to the climate and biodiversity crises -which are closely related- will inevitably require countries to define their own socio-ecological transitions towards models of life that respect human rights and planetary limits." Vivian Lagrava Flores, Coordinator of Empodérate and the Wetlands, Biodiversity and Water Protection project, Bolivia:"Biodiversity and water should not be assumed as an 'exploitable resource' by the States. As long as this mercantilist view persists, we will have more people affected by mining and sacrificed and, therefore, more biodiversity exposed and at risk of extinction." Verónica Gostissa, attorney and coordinator of the Alianza por los Humedales Andinos project at Asamblea Pucará, Catamarca, Argentina:"It is urgent to address the problem of lithium exploitation in the Puna. It is advertised as 'clean energy', but it is devastating our ecosystems. In Argentina, they intend to turn the Salar del Hombre Muerto into an industrial park, installing more than eight projects in the same territory. In this COP, it is crucial to recognize the irreversible impact generated by extractivism and, from there, to deploy ecosystemic links based on the care of all that is vital." Cynthia Escares, biologist and director of the NGO Defensa Ambiental, Chile:"The climate crisis is an undeniable reality. However, in its name, forms of extractivism disguised as clean energy and equity are being promoted, without recognizing the profound implications of these processes. Projects such as lithium and rare earth mining, essential for batteries and green technologies, are presented as solutions to climate change, but they replicate the same logics of exploitation that have historically devastated territories and communities. This time, not only will we lose the inhabitants of these vulnerable regions, but we are leading the planet and all its biodiversity towards an irreversible collapse." Yeny Rodríguez, senior attorney with the Ecosystems Program at the Interamerican Association for Environmental Defense (AIDA):"The biological and cultural diversity of our region is at risk. After COP16, it should be understood that we can no longer talk about defossilization as the panacea that will save us from the climate crisis. The energy transition towards 'clean energy' also requires the extraction of minerals such as lithium, an industry that in Latin America is already causing the destruction of Andean wetlands and the disappearance of rivers. We are facing an opportunity to move towards the protection of biodiversity and the human rights of the native communities that have cared for the territories since before the existence of our States." Ramón Balcázar Morales, executive director and researcher of Fundación Tantí, Chile:"The salt flats from which South American lithium is obtained are wetlands, territories inhabited by indigenous peoples and communities whose ways of life are key to the conservation of ecosystems that sustain a threatened biodiversity. Faced with the deepening of the polycrisis, we must promote democratic processes that allow us, as a society, to overcome the profound contradiction between the climate agenda based on green growth and the biodiversity conservation agenda. This requires governmental and institutional efforts and will to strengthen and dialogue with communities and social actors in the territories affected by mining and energy megaprojects associated with the energy transition."

Textiles tradicionales en un mercado de Chichicastenango, Guatemala.

August 28 2024 Human Rights, Indigenous Rights

Organisations demand justice in criminalization case against Rigoberto Juárez, ancestral authority and environmental and human rights defender of Guatemala

Organisations dedicated to the protection of human rights defenders, and national and international organisations working on the promotion and protection of human rights and indigenous peoples rights, express our concern over the criminalization process against Rigoberto Juárez, ancestral authority, environmental and human rights defender, and general coordinator of the Plurinational Ancestral Government of the Original Nations Mayas Akateka, Chuj, Q’anjob’al y Popti’.The judicial process against Rigoberto began in 2015 due to his role as a mediator and ancestral authority in a land conflict within the Q'anjob'al territory, specifically in the Ixquisis micro-region. This conflict arose from the indigenous Maya community's resistance to the poorly implemented and unconsulted hydroelectric projects by Energía y Renovación S.A., financed by BID Invest.The judicial process lacked an intercultural and differentiated approach. Additionally, the decisions made in the second instance and by the cassation court have ignored the factual and legal arguments presented by the defense regarding Rigoberto Juárez's role as an ancestral authority, which involved, at the community's request, assuming a mediator role in the high-conflict situation.From the perspective of the signing organizations, this judicial process has been used as a reprisal mechanism against the human rights defender’s legitimate human rights work. In particular, due to his crucial role in bringing visibility to, and reporting on, the Ixquisis case through a complaint submitted to the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank. Evidence of this can be found in the temporal overlaps of this process with crucial moments of the complaint filed with the MICI.In view of this concerning situation, we request judicial authorities to consider the arguments submitted by the legal defense of Rigoberto Juárez in the amparo action filed on 22 August and to make a decision that takes into account the specific guarantees of Rigoberto Juárez as an ancestral authority and as an environmental and human rights defender. Likewise, we call on international human rights institutions to urge the State of Guatemala to resolve the case of Rigoberto in accordance with their international obligations, and to prevent and address the serious trend of criminalization of indigenous authorities exercising their rights and responsibilities. Signed by:International Platform against ImpunityProtection International MesoaméricaInteramerican Association for Environmental Defense (AIDA)Franciscans InternationalRed Nacional por la Defensa de la Soberanía Alimentaria en Guatemala (REDSAG)Bank Information CenterInternational Service for Human RightsFront Line DefendersNISGUA (Network in Solidarity with the People of Guatemala)ASERJUSP. Marco Tulio Recinos Torres. CPPS.Center for International Environmental Law (CIEL)María Eugenia Solís GarcíaAlba Cecilia del Rosario Mérida PiedrasantaPress contact:Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107

Audiencia pública de la Corte IDH en Manaos, Brasil.

August 20 2024 Climate Change, Human Rights

Declaration of Manaus urges the Inter-American Court to clarify State obligations in climate emergency

San Jose, Costa Rica - Today, a coalition comprising over 400 communities, Indigenous and Tribal Peoples, and representatives of civil society presented the “Declaration of Manaus on Human Rights in the Climate Emergency” to the Inter-American Court of Human Rights (IACtHR). The widely endorsed declaration calls on the Court to articulate, in its forthcoming Advisory Opinion on the Climate Emergency and Human Rights, minimum standards for respecting and protecting human rights in the context of the climate crisis. It draws upon the insights of more than 150 participants who contributed during the public hearings on the process of the Advisory Opinion mentioned.The hearings, conducted in Bridgetown, Barbados (April 22–25), Brasilia (May 24), and Manaus (May 25–29), Brazil, served as a forum for the presentation of compelling testimonies from individuals and entire communities impacted by the climate emergency. In Manaus, in the heart of the Amazon, there was a strong emphasis on the expectation that the Court would issue a robust advisory opinion aimed at ensuring the protection of both people and the planet.The Declaration urges the Court to clarify the human rights obligations of States and reinforce the accountability of corporations and financial actors for their role in the climate crisis."The role played by the IACtHR Advisory Opinion is strategic at a historic moment for climate justice globally. The Court’s decision can reinforce and expand on what has already been established by the International Tribunal for the Law of the Sea (ITLOS) on the obligations to protect the oceans from climate change. It will undoubtedly influence the subsequent interpretation of the International Court of Justice (ICJ) on the duties of States to protect communities and the planet in the face of the climate crisis," said Marcella Ribeiro, senior attorney with the Human Rights and Environment Program of the Interamerican Association for Environmental Defense. "The standards set by the Court will set new paradigms for access to justice in the context of the triple planetary crisis, influencing pending and future cases, as well as laws and policies inside and outside the continent. Lastly, this decision has great potential to help overcome the political impasse in the international climate negotiations."The Declaration, signed by over 400 parties, requests the Court to:Acknowledge that in the face of the climate emergency, all human rights, including the right to a healthy environment, must be upheld by all States. This obligation should be interpreted under the principle of Common but Differentiated Responsibilities and in line with the average global temperature increase limit established by the Paris Agreement and informed by the best available science.Specify that States need to transition to fossil-free economies without harming local communities and causing environmental impacts that exceed planetary limits.Ensure public access to information and participation, as well as the right to climate justice. This includes providing legal and institutional mechanisms for communities affected by the crisis to seek legal recourse, as well as raising awareness and training the judiciary on climate-related issues.Protect and facilitate the work of environmental defenders in the context of the climate emergency and energy transition.Guarantee adaptation measures to address the effects of climate change, ensuring the protection of all human rights, especially for vulnerable or historically discriminated groups.Uphold the right to self-determination of Indigenous and Tribal Peoples by obtaining their consent for measures directly affecting them in the context of climate change and energy transition.Ensure that victims and survivors of climate-related harm are granted comprehensive and just reparations and that climate judgments have financial resources for their implementation. "The Manaus Declaration also addresses corporate responsibility for the crisis. We urge the Court to reinforce States’ obligations to regulate corporate actors and ensure that those responsible for human rights violations related to the climate crisis are held accountable," adds Luisa Gómez Betancur, senior attorney at the Center for International Environmental Law (CIEL). "Consistent with the polluter pays principle in international law, fossil fuel and agribusiness companies that are the primary drivers of climate change must cover the costs of mitigation and adaptation, as well as provide full reparation to victims for climate harm."Those supporting the Declaration are urging the IACtHR, as a guardian of human rights, to take a strong and forward-thinking stance. This approach should hold those who have had the most impact on the climate crisis responsible, guide inter-American policies towards environmentally sustainable economies, and establish a foundation for climate, environmental, and social justice worldwide, starting with Latin America."We hope that by listening to the testimonies of those of us who suffer the worst consequences of the climate emergency, the IACtHR will heed our call and order the States to respect our right to self-determination and the way in which we relate to our territories, prioritizing their care and conservation. For this reason, we join our voices in the Manaus declaration to remind the Court of the unique opportunity it has to mark a before and after in the fight for climate justice and the protection of our rights," said Everildys Córdoba Borja, legal representative of the Community Council of Black Communities of the Tolo River Basin and Southern Coastal Zone (COCOMASUR), Colombia.Read and download the declaration Press contactsNiccolo Sarno, CIEL, [email protected] Arista, EarthRights International, [email protected], +51 941 242 447Karina Saravia, CANLA, [email protected], +505 84331292

Paisaje de Antofagasta de la Sierra, Argentina.

March 27 2024 Human Rights, Indigenous Rights, Freshwater Sources

Court decision stops new lithium mining projects in Argentine salt flat, sets regional precedent

On March 13, the Supreme Court of Argentina’s Catamarca province ordered a halt on authorizing new lithium mining projects around the Salar del Hombre Muerto, in the department of Antofagasta de la Sierra. The high provincial court established that all projects must comply with the free, prior, and informed consultation of affected communities, thus granting the injunction filed by Román Guitián, Cacique of the Atacameños del Altiplano Indigenous Community.It is one of the most important rulings of recent times regarding care for nature and the protection of the rights of traditional communities.The court ordered the providence’s Ministry of Mining and the Ministry of Water, Energy and Environment to "refrain from granting new authorizations or environmental impact statements with respect to any work or activity" in the area until an environmental impact report with two fundamental characteristics is completed. The first is that it must be "cumulative and integral," covering the entire salt flat and especially the Los Patos River, which is in the same salt flat. The second is that it must consider the total impact of the companies that have applied for water use and extraction permits, and their potential to transform the environment in the same geographical area.Lithium mining in Antofagasta de la Sierra began in 1997 by the multinational company FMC, currently operating as Livent. The local communities denounced that the river and the Trapiche Valley were drying up because of the mining activity.The Alliance for Andean Wetlands (Alianza por los Humedales Andinos) celebrates this achievement of the Atacameños del Altiplano Indigenous Community and the Asamblea PUCARA (Pueblos Catamarqueños en Resistencia y Autodeterminación).The same model of lithium mega-mining that the Catamarca Supreme Court's ruling points to is being reproduced in the Puna region of Chile and Bolivia. In this sense, the sentence is an important precedent for the protection of the environment and affected communities, which should be replicated in all the regions of the continent affected by this extractive model.Governments must take measures to provide the necessary security guarantees for the territorial defense of local communities demanding the fulfillment of their human and environmental rights, both in Argentina and in other countries. Quotes from Alliance membersClaudia Velarde, co-coordinator of the Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA)"What happened in Catamarca is a historic milestone for the protection of water, territory and life in Latin America. The Court's decision confirms that the concept of the cumulative impact of an extractive activity is fully valid and a transcendental aspect of environmental management. It also clarifies that any damage to the environment that may result in a violation of the right to life or personal integrity must be considered significant damage. It is a relevant precedent in every sense and a strong message: national and international environmental regulations must be respected, environmental impact assessments must be strategic and cumulative, the right to environmental participation must be guaranteed, and the energy transition must be just." Ramón Balcázar, executive director of Fundación Tantí and co-coordinator of the Plurinational Observatory of Andean Salt Flats (OPSAL)"This ruling is the result of years of work and shows the importance of articulating knowledge and legal strategies for the defense of territories from a wetland perspective, setting a precedent that should be extended to the entire region for a cumulative assessment of projects, not only lithium, but also metallic mining and the impacts of climate change. Unfortunately, our colleague Román Guitián was the target of death threats after learning of the ruling, in a country like Chile that has ratified the Escazú Agreement. In this sense, we must categorically reject any form of violence against the defenders of the Andean salt flats, as well as the political advantage that institutions linked to the greenwashing of mining have tried to take from such a complex situation." Cristian Fernández, coordinator of the Legal Affairs area of Fundación Ambiente y Recursos Naturales (FARN)"The recent ruling of the Court of Justice of Catamarca, ordering the preparation of a "cumulative and integral" environmental impact study for all lithium projects being developed in the Los Patos River basin, and requiring the local government to refrain from issuing any new permits or authorizations for the activity, represents a milestone in the environmental jurisprudence of our country. It consolidates the path started almost 15 years ago by the Supreme Court of Justice of the Nation when, in the "Salas Dino" case, it demanded a cumulative impact study against the deforestation of native forests in Salta. In doing so, the Catamarca Court set a precedent that could be applied to the ecosystem damage suffered by the provinces of Salta and Jujuy due to the cumulative impact of numerous lithium projects in Salinas Grandes and Guayatayoc Lagoon."

Reserva Nacional Kawésqar, Magallanes, Chile

January 31 2024 Indigenous Rights, Oceans

5 years of the Kawésqar National Reserve: pending issues for its protection

Local communities denounce that the area is highly affected by salmon farming, which is failing to comply with environmental regulations.On January 30, 2019, the Official Gazette published the decree creating the Kawésqar National Reserve in Magallanes, which extends over 2,842 hectares between fjords and Patagonian peninsulas. The purpose of this classification was to guarantee the protection of the area, its territory and biodiversity, as well as to establish that it is the duty of the State to ensure its conservation. This year, 2024, marks the fifth anniversary of this milestone, which begs the question: is the reserve's objective being achieved? The community's claimsWith the qualification of National Reserve, this area was separated from the Kawéskar National Park, which offers broader protection. In the opinion of the local communities, this administrative division determines in a whimsical way what to prioritize and separates the land from the sea, as if they were independent elements, which causes "divisions and confusion to grow at all levels," says Eric Huaiquil Caro, a member of the Kawésqar Communities Kawésqar Family Groups Nomads of the Sea. He also says that the "agreements that were made in the indigenous consultation have not been responded to." Finally, Caro asks that the conservation of this reserve be done "without salmon farms and we hope that this will be established in the Management Plan that will be submitted for consultation in March 2024." An overstressed areaWithin the Kawésqar National Reserve lie the richest kelp forests in the country, an ecosystem considered key to combating climate change, as they can absorb high levels of carbon dioxide and regenerate marine systems. Although the State must guarantee their protection, the area is experiencing great pressure from the salmon farming industry. For example, there are 133 approved concessions in the entire Magallanes Region and 85 in process, of which 68 approved and 57 in process are in the Kawésqar National Reserve, "which seems unusual to us because it has been proven that the salmon farming industry is neither sustainable nor compatible with the ecosystemic care of the reserve. This is fundamental to the creation of the Reserve's Management Plan, which is currently being designed and which should establish the incompatibility of the industry within the zone's protection mandate, as documented in the report we have prepared together with the communities," says Cristina Lux, an attorney with the Interamerican Association for Environmental Defense (AIDA)."Forty-three percent of the concessions approved within the Kawésqar National Reserve have presented anaerobic conditions within the framework of their operations, according to information obtained from the Environmental Reports for Aquaculture. This means that they suffer or have suffered total or partial loss of oxygen, which affects the living conditions of all of the area's biodiversity," adds Estefanía González, Campaigns subdirector at Greenpeace Chile.The impact, explains Sofía Barrera , an attorney for FIMA, is "enormous and highly destructive.""To begin with, these farming centers are concentrated in just seven sectors (Staines Peninsula, Taraba Sound, Poca Esperanza Strait and Vlados Channel, Glacier Sound, Skyring Sound, Desolation Island and Xaltegua Gulf), which also concentrates their synergistic effects. Some of these are the impact of boat routes, the killing of sea lions to prevent them from attacking the salmon cages, the overproduction of salmon, the presence of garbage outside the concession polygons and the detection of the ISA virus in the farming centers, which ends up making the rest of the marine ecosystem sick, something that has been recognized by Environmental Courts," adds Barrera. "In addition, the dispersion of organic matter from the cultivation centers causes eutrophication and harmful algal bloom events (HAB), generating significant changes in water quality and affecting marine life," adds González.In the opinion of the representatives of these three organizations, despite the legal prohibitions and environmental requirements, the fact that many of these projects have been submitted and approved through environmental impact statements raises legal and political questions. "Why are the authorities not ensuring the real care of this area, whose interests are being taken care of, and how is the salmon industry influencing our authorities," asks Barrera.Unfortunately, González adds, when explanations have been requested, "we have not received answers or certainty. That is why it is urgent to advance towards a management plan that really protects this ecosystem and does not allow more centers that put biodiversity at risk." Press contactVíctor Quintanilla (AIDA), [email protected], +521 5570522107