Group Declarations

Fauna en el Desierto de Atacama, Chile.
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." 

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Textiles tradicionales en un mercado de Chichicastenango, Guatemala.
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 

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Audiencia pública de la Corte IDH en Manaos, Brasil.
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 

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Paisaje de Antofagasta de la Sierra, Argentina.
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." 

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Reserva Nacional Kawésqar, Magallanes, Chile
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

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Human Rights

Right to a Healthy Environment Global Coalition awarded UN Human Rights Prize

New York — Today the Global Coalition of Civil Society, Indigenous Peoples, Social Movements, and Local Communities for the Universal Recognition of the Right to a Clean, Healthy, and Sustainable Environment accepted the prestigious 2023 United Nations Human Rights Prize in a ceremony in New York. This month also marks the 75th anniversary of the Universal Declaration of Human Rights.The coalition is recognized for its vital role in advocating for the universal recognition of the right to a healthy environment by the UN General Assembly (UNGA) in 2022. The UN Human Rights Prize is awarded once every five years to several recipients at a time. This year is the first time since its inception in 1966 that it has been granted to a global coalition.The prize was presented at a ceremony with UN leadership, including General Assembly President Dennis Francis, Secretary-General António Guterres, and High Commissioner for Human Rights Volker Türk. The award was accepted by a delegation of representatives illustrating the diversity of the coalition’s members.The ceremony took place alongside a workshop with advocates from around the world and UN and State representatives to assess progress since the recognition of the right to a healthy environment and to discuss next steps to build on that progress and ensure the effective promotion of the right.Read reactions to the announcement from the members of the coalition here.At the ceremony, the following acceptance speech was delivered by a representative of the coalition: We, Civil Society, Indigenous Peoples, Social Movements, and Local Communities in coalition for the Universal Recognition of the Human Right to a Clean, Healthy, and Sustainable Environment are honored to receive this prestigious prize acknowledging our vital role towards the UN recognition of this human right.This incredible achievement was only possible thanks to the tireless collaborative efforts of thousands of people from 143 countries who joined for this historic milestone. A process that started fifty years ago by visionaries gained momentum in 2020 when we called the UN to finally recognize this human right.First, this prize highlights the importance of truly collaborating to advance the imperative protections of our planet and our rights. No single organization, movement, or person would have been able to make it on their own, but together, our global and diverse coalition made it possible. We are humbled and proud that our efforts are recognized, evidencing to the world that working together is possible and worth it.Cooperation is just as needed for States, none of whom can, on their own, solve today’s multiple planetary crises of biodiversity loss, climate change, and pollution, aggravated by increasing inequalities. We call on States to effectively collaborate towards the solutions needed.Second, this prize reinforces the historic recognition of the right to a clean, healthy, and sustainable environment as a human right. That requires protecting the dignity of all persons, individually and collectively, substantively and procedurally, from human-made environmental degradation and climate change impacts. Affirming also the interdependence and indivisibility of human rights and the urgency to protect them from environmental threats, including systemic risks, irreversible degradation, and loss and damage.The UN recognition clarifies international human rights law and is now a powerful instrument for States to fulfill their obligations, enhance environmental justice, and guarantee all rights, especially of those in more vulnerable situations.As we witness increasing ecosystem degradation and lives lost due to pollution and climate change, this universal right can guide us toward stronger policies and practices, based on gender and intergenerational equity and the empowerment of all persons and communities. It can help in better protecting those defending the environment, including Indigenous Peoples, children, women, peasants, and other people working in rural areas.We are profoundly grateful for the recognition of our collective efforts, inspiring governments, businesses, and institutions to fulfill their responsibility and effectively protect our universal right to a clean, healthy, and sustainable environment. This is our priority, one we invite you to commit to. Thank you! Press contactsVíctor Quintanilla (Mexico), Content Coordinator at the Interamerican Association for Environmental Defense (AIDA), [email protected] Furbank, Communications Campaign Specialist at the Center for International Environmental Law, [email protected] Esther de la Rosa, Communications Coordinator at ESCR-Net [email protected]  

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Xingu River in the Amazon, Brazil
Human Rights, Indigenous Rights, Freshwater Sources

Solidarity note for social movements, organizations, and rights advocates who are victims of criminalization attempts by the company Belo Sun Mineração Ltda.

The undersigned member organizations of the Volta Grande do Xingu Alliance (AVGX) call on partners, civil society organizations, legal experts, and researchers to support and strengthen individuals and movements that, due to their tireless defense of peoples, biodiversity, and the existence of the Volta Grande do Xingu, are facing intimidation and attempted criminalization by the company Belo Sun Mineração Ltda.We need to show large corporations that civil society in Brazil and abroad is united around this cause. We will not step back in protecting the environment and human rights in the face of threats. Sign this note and join us in the protection of the Amazon, the Xingu River, and its defenders!More information below:On October 17, 2023, the mining company Belo Sun Ltda., the Brazilian subsidiary of the Canadian company Belo Sun Mining Corp., filed a criminal lawsuit against more than 30 people, most of them small-scale farmers. These individuals, backed by  are questioning the acquisition of land by the mining company within the Ressaca Settlement Project, in the municipality of Senador José Porfírio - Pará, and demanding that this land fulfill its agrarian and social function. These concerns are the basis of a lawsuit in federal court by the federal and local Public Defender’s Offices.The criminal complaint is a clear attempt to silence environmental and human rights defenders. This silencing is intensified by the presence of the company's armed security in the territory. It is also an attempt to criminalize organizations that monitor and denounce the destruction caused by large projects in the Volta Grande do Xingu. On November 15, a group of 25 local movements and organizations, mainly based in Altamira, Pará, issued an open letter condemning the criminalization of farmers, social movements, and civil society organizations promoted by the Canadian mining company Belo Sun. It is essential that the terms of this letter be strengthened and echoed nationally and internationally.This is not the first time that Belo Sun Mineração Ltda. has intimidated civil society organizations and human rights defenders. In 2022, the company filed a lawsuit against a university professor who had exposed the risks that the Volta Grande Project would pose to the Xingu River and its people. In mid-2023, Belo Sun sent an extrajudicial notice to the National Coordination of Indigenous Peoples of Brazil (Apib), attempting to silence the organization's complaints about the risks posed by the mining project in the Volta Grande do Xingu. This notice came shortly after the release of a report on Belo Sun by the legal team of the Apib and an international advocacy action at the UN in Geneva carried out by the Alliance for the Volta Grande do Xingu, a coalition of which Apib is a part. The action aimed to expose corporate abuses by Canadian companies in the Brazilian Amazon and in eight other countries in Latin America and the Caribbean. Regarding Belo Sun's activities in the Volta Grande do XinguBelo Sun aims to establish a massive open pit gold mining project overlapping the PA Ressaca region, on the banks of the Xingu River, with the goal of operating the largest gold mine in Brazil. The so-called Volta Grande Project (PVG), if approved, would substantially and potentially irreversibly impact a territory already severely affected by the Belo Monte mega-dam, as well as affecting the lands and traditional ways of life of various indigenous peoples, rural settlements, and riverside communities in this region.Several lawsuits have been filed documenting the irregularities committed by Belo Sun, including the absence of free, prior, and informed consultarions and consent from the affected indigenous and traditional communities; the illegal acquisition of plots within the PA Ressaca; the harassment and violation of the right to free movement and access to the territory of local communities; and the lack of competence of the State of Pará to issue the environmental license for the PVG. Its licensing has been suspended since 2017 by the decision of the Federal Regional Court of the 1st Region, and on September 11, 2023, it was transferred to the jurisdiction of Ibama, a federal agency. DemandsWe, citizens, civil society organizations, and representatives of social movements who support this statement, condemn the criminalization promoted by Belo Sun Mineração Ltda. We express our solidarity with the victims of this process and emphasize our understanding that:We support the terms of this petition and join voices in denouncing that intimidation and criminalization of human rights defenders, activists, researchers, and leaders of social movements by Belo Sun are unacceptable, and therefore, we support the terms of this petition.The Land Reform Project (Projeto de Assentamento) Ressaca is an area designated for agrarian reform and local family farming located in a region already highly vulnerable from a socio-environmental perspective, making it incompatible with the installation of a large-scale open-pit gold mining project like Belo Sun's Volta Grande Project.The public authorities must take necessary measures to empower the families, communities, and peoples of the Volta Grande do Xingu, ensuring their effective participation in governance and the protection of the territory. The member organizations of the Volta Grande do Xingu Alliance issuing this statement and calling for endorsements are:Articulação dos Povos Indígenas do Brasil - APIBMovimento Xingu Vivo - BrasilAmazon WatchInterametican Association for Environmental Defense - AIDAInternational RiversEarthworks Justiça GlobalMiningWatch Canada Join us in protecting the Amazon, the Xingu River, and their defenders!Sign the note of international solidarity against the judicial harassment being carried out by Belo Sun: https://forms.gle/tzUzR47v72jsdEPN8 

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Indigenous Rights, Mining, Accountability and Transparency

Swiss OECD Point of Contact calls on Glencore to comply with due diligence on coal mine in Colombia

Switzerland’s National Contact Point (NCP) for the Organization for Economic Cooperation and Development (OECD) recommended that the multinational as the sole owner of the Cerrejón mine in Colombia ensure “its policies and due diligence measures promote responsible business conduct at Cerrejón” in its final statement on the complaint filed against Glencore. The NCP further implored Glencore to maintain a dialogue with NGOs and representatives of the indigenous Wayúu and Afro-Colombian communities affected by the mine's operations. In January 2021, a coalition of national and international organizations—comprised of GLAN, CAJAR, AIDA, CINEP, Ask! ABColombia and Christian Aid Ireland—filed five complaints with the OECD NCPs in Ireland, the United Kingdom, Switzerland, and Australia to denounce the various detrimental impacts of the Cerrejón mine, operated by Carbones del Cerrejón. The coalition detaile the disastrous impacts on the lives and human rights of the indigenous, Afro-descendant and other rural populations of La Guajira resulting from operation of the Cerrejón mine and Carbones de Cerrejón’s lack of due diligence in its operations, leading to non-compliance with OECD guidelines for multinational companies. The coalition filed the complaints against ESB (Electricity Supply Board), the Irish state-owned company that buys coal from the Cerrejón mine; CMC (Coal Marketing Company), based in Dublin, Ireland, which markets the coal from Cerrejón, and the multinational mining companies that jointly own Carbones del Cerrejón: BHP, Anglo American and Glencore. In response to the coalition’s complaints, the Swiss NCP noted that "the Australian and British NCPs will publish, in accordance with their rules of procedure, Final Statements regarding BHP and Anglo American respectively.” The complaints in Ireland are still pending. The Swiss NCP’s statement did not address the main duty of its mandate—to ensure the implementation of the OECD Guidelines for Multinational Enterprises. Instead, the Swiss NCP statement merely reiterated generic existing duties and did not make substantive recommendations in response to the details or the gravity of the Cerrejón’s human rights abuses and violations documented in the complaint. The Swiss NCP conducted its review with serious irregularities and asymmetries in its treatment of the parties. The Swiss NCP failed to provide the affected Wayuu indigenous and Afro-descendant communities with access to information about the review or any guarantees of participation in the review. These asymmetries and irregularities resulted in Glencore’s impunity for the serious human rights violations committed by the mining operations of Carbones del Cerrejón. Our coalition eventually chose to withdraw from the process in protest of the Swiss NCP’s disfavorable treatment of the coalition and favorable treatment of Glencore. Our experience with the Swiss NCP highlights how the complex web and architecture of impunity and asymmetry in international processes favors multinational companies, resulting in abysmal gaps in justice for victims of multinational companies’ human rights abuses and violations. Given the enormity of the Swiss NCP’s incompetence, negligence, and inconsistency in its functions, we reject the NCP’s final statement which suggests that GLAN and the coalition members are to blame for failure of the mediation process. In this statement, the NCP ignores the impacts of its own deficiencies on the mediation process. The way the Swiss NCP in structured the mediation process placed a greater burden on the complainant’s ability to access and participate in the mechanism than on Glencore. Despite these disadvantages, the coalition participated with the utmost diligence and good faith throughout the entire procedure. The Swiss NCP’s incompetence in this instance is part of its pattern of favoritism of multinationals. For example, the Swiss NCP mishandled the complaint against Sygenta for its harm to farmers in India. The NCP's improper practices led Marcos Orellana, UN Special Rapporteur on Toxic Substances and Human Rights, to state that the Swiss NCP set “a bad precedent that underlines the weaknesses of the National Contact Points for the OECD Guidelines.” Because the Swiss legal accountability mechanisms do so little to regulate the conduct of Glencore—a company with a history of corruption and serious allegations of human rights abuses and violations associated with its global activities—the Swiss government is implicated in Glencore’s abuses. Although the OECD guidelines are voluntary for companies, countries that adhere to guidelines make a binding commitment to implement them. The Swiss NCP's inadequate handling of this complaint and the Swiss government’s failure to comply with its functions and the obligations relating to respect for human rights, leads us to question degree of the Swiss government’s complicity in these abuses and how this complicity creates an environment of tolerance for corporate violations and abuses. What is clear is that the OCED’s voluntary mechanism has become a way to mask corporate violations and facilitate corporate impunity. Although the Swiss government does not grant real and effective access to justice for victims of Glencore’s violations as an investor in Carbones del Cerrejón, Glencore is able make use of its guarantees as an investor—as established in the Foreign Investment Protection Agreement between Colombia and Switzerland—to sue the Colombian government over a court ruling that protected the human rights of the Wayuu people from Carbones del Cerrejón’s actions. In the face of this asymmetry in justice between the parties, it is concerning that Colombia choses to maintain this agreement. We reiterate the inadequacy of non-judicial mechanisms to hold multinational corporations accountable. Cases such as this highlight the need for binding due diligence legislation and a treaty regarding companies and human rights that includes real accountability for abuses resulting from seemingly unlimited transnational corporate power.   Signed: Interamerican Association for Environmental Defense (AIDA) José Alvear Restrepo Lawyers' Collective (CAJAR) Center for Research and Popular Education (CINEP) Christian Aid ASK ABColombia Global Legal Action Network (GLAN)   press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +525570522107  

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Climate Change, Human Rights

Global South statement on climate finance ahead of COP27

COP27 must reach agreements for an equitable, sufficient and sustainable finance that ensures a just transition. The 26th Conference of the Parties (COP26) of the United Nations Framework Convention on Climate Change (UNFCCC), held in Glasgow, Scotland, was one of the most important conferences for the climate finance agenda. Relevant issues of climate finance, such as access, balance and long-term vision, were at the heart of the finance agenda. Moreover, the already complex discussions were exacerbated in the context of COVID-19 pandemic, causing a growing need for financing in developing countries, particularly in the most vulnerable regions. In this regard, COP27 must take up and agree on pending discussions to move forward with firm steps towards the implementation of the Paris Agreement, which mandates "to make financial flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development ". The most important aspects that countries must agree on at COP27 in Sharm el-Sheikh, Egypt, are: 1. Financing for a just transition, with a climate justice and gender focus: The Glasgow Pact integrates the concept of climate justice for the first time, but does not associate it with the issue of financing. Therefore, it is essential for COP 27 to recognize that finance is a fundamental means of implementation to achieve a just transition. Resources must be allocated with a climate justice and gender focus to foster an adequate distribution of finance that does not increase gender gaps, that is equitable across regions with a thematic balance. 2. Delivering on the $100 billion goal: At COP26, developed countries presented a progress report on the delivery of the $100 billion goal, which shows that the pledge is still not being met. COP27 should serve not only to present the progress made, but also to agree on a delivery plan that will make it possible to know the timing and instruments through which the financing will be transferred, which should not be less than US$500 billion for the period between 2020-2024. 3. Global stocktake and finance: Discussions at COP 27 on the global stocktake should lead to a better connection between needs and financial flows, as well as access to finance schemes, and address all the obstacles that allowed the adequate mobilization of resources in developing countries. 4. Increased funding for adaptation: At COP26, countries agreed to double adaptation finance by 2025, based on 2019 levels. At COP27, developed countries must present a satisfactory plan regarding how financing for adaptation will be doubled, and establish an ambitious goal to achieve a balance between mitigation and adaptation finance. This goal should aim for at least a 10-fold increase in adaptation finance and the plan should clearly include targeted support for the Adaptation Fund. 5. Financing for loss and damage: COP27 should be a milestone for loss and damage finance, achieving agreement on mechanisms to transfer financial resources to countries with the highest needs. On one hand, it is necessary to agree on the creation of a facility that will allow the establishment of medium and long-term goals in this matter. On the other hand, it is also necessary to establish a programmatic scheme in which the countries commit a percentage of their annual allocations to finance losses and damages. This funding should be additional to that earmarked for mitigation and adaptation. 6. A new collective quantified goal based on needs: The technical and high-level deliberations on the new collective quantified goal on climate finance should be based on the recognition of the current financial needs of developing countries. Support schemes for those that have not quantified their needs should be agreed, so that this information can be incorporated in the next 12 months, towards the 2024 negotiations. 7. Improved access to climate finance: At COP27, mandates should be established for multilateral financial mechanisms to make access to climate finance by local actors easier, faster, and more efficient, creating emergency windows in the event of crises, such as the COVID-19 pandemic. Financial mechanisms such as the Green Climate Fund should innovate in their access schemes, particularly for the most vulnerable populations. 8. Decarbonization of public finances: COP27 must recognize that achieving a just transition and complying with Article 2.1.c of the Paris Agreement entail decarbonizing public finances, both in developed and developing countries. For developing countries, this means accelerating the reduction of their dependence on carbon-intensive revenues, such as those from oil, gas and mining concessions, and the sale of gasoline, diesel and natural gas. A fundamental step is to end fossil fuel subsidies and diversify revenues by promoting domestic investments that support a just economic transition, generating new jobs and revenues to invest in national and local needs 9. Debt restructuring and debt-for-nature swaps: At COP27, the importance of mechanisms such as debt-for-nature and climate swaps should be recognized as a way to mobilize more climate finance. The external debt burden is preventing many countries from investing domestic resources to address the problem. International financial institutions and developed countries should facilitate debt restructuring, including debt-for-protection schemes, as a way to mobilize more climate finance, allowing developing countries to invest these resources to reduce emissions and increase resilience by protecting biodiversity, ecosystems and all livelihoods for global benefit. 10. Towards transformational finance: COP27 should mark a milestone in the understanding and mobilization of climate finance, starting with the assumption that current climate finance schemes will not help change the condescending dynamics that have existed within the framework of international cooperation. Combating climate change requires the transformation of economic systems, real collaboration and solidarity, in which it is not only the amount of finance mobilized that matters. The quality of these resources should beequally important to ensure finance reaches those that need it the most, without generating additional burdens on women and vulnerable groups. It is time to transform the finance paradigm to make it more effective, fair and truly sustainable.   Adhere to: AIDA Barranquilla +20 CEMDA Chile Sustentable Defensoría Ambiental Fernando Aguilera Fundación Hábitat Verde Fundación Plurales GFLAC Hub’s de Finanzas Sostenibles de GFLAC Instituto de Derecho Ambiental y Desarrollo Sustentable (IDEADS) Instituto Talanoa La Corporación La Caleta OLAC Plataforma CIPÓ Red Mundial de Jóvenes Políticos - Santa Cruz Bolivia  

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Oceans

Ambition and urgency needed as high seas treaty negotiations near end

New York: With only one week to go in the negotiations for a new Treaty to protect two thirds of the ocean - the High Seas - civil society is raising alarm about the level of urgency and ambition towards a robust outcome for the ocean. A number of States have made public commitments to secure an ambitious Treaty at this final scheduled session, but there is concern that this is not being fully reflected in the formal negotiating room. The High Seas Alliance (HSA) expects more ambition to be shown by the United Kingdom, the European Union, Canada and the United States which have been public champions for the ocean, including at the recent UN Ocean Conference. These delegations support some progressive positions within the Treaty negotiations, but too many appear to be maintaining positions that will not result in the transformation we need for a healthy and productive ocean for current and future generations. Some states and groups are pushing for a strong outcome. CARICOM, (the Caribbean Community), the Pacific Small Islands Developing States, New Zealand, Costa Rica and Monaco are setting the pace for a speedy and effective outcome. This round of negotiations, known as IGC5, is the fifth and final scheduled meeting convened by the UN General Assembly. It is tasked with concluding a Treaty to protect Biodiversity in Areas Beyond National Jurisdiction, which includes the High Seas, and which makes up half the planet, two thirds of the ocean. For decades, the international community has struggled to reach this agreement during which time climate change and biodiversity loss have escalated. The HSA recognises that the “package” of elements under negotiation are intrinsically linked and critical to successful completion of the negotiations. “The greatest opportunity of our generation to show we are serious about protecting the global ocean is now. A strong High Seas Treaty is in reach but more ambition is needed. Governments must stick to their commitment to deliver a truly ambitious Treaty this week and finally move to taking action that will allow the ocean to recover and thrive; for marine biodiversity, Earth’s climate and the well-being of generations to come. There is no more time to waste. - Sofia Tsenikli, Senior Strategic Advisor to the HSA. QUOTES FROM MEMBER ORGANIZATIONS CANADA Susanna Fuller, VP Operations and Projects, Oceans North: "With the longest coastline in the world and as a self-declared ocean champion, Canada plays a vital role in achieving a strong Treaty. We are hoping to see Canada’s ambitions meet the urgent need for biodiversity protection and responsible management for 50% of the planet. With climate change impacts accelerating and biodiversity loss increasing, finalizing and implementing this Treaty cannot come fast enough."   LATIN AMERICA Gladys Martínez de Lemos, Executive Director,  AIDA (Interamerican Association for Environmental Defense): "Most Latin American countries have publicly stated their commitment to increase marine protected areas by 30% by 2030. This cannot be achieved without an ambitious High Seas Treaty. In addition, 70% of the areas that would not be protected need a high-level environmental impact assessment process with capacity and implementation. During all the negotiations Costa Rica has shown its commitment to a robust and ambitious Treaty. We thanked Costa Rica for its exemplary championship along these years."   SOUTH KOREA Jihyun Lee, High Seas Alliance Youth Ambassador and undergraduate student at Yonsei University, South Korea: "Youth and future generations demand a strong and meaningful High Seas Treaty that will effectively protect the ocean. We are calling in unified support for world governments to finally take bold action for our ocean."   US Lisa Speer, NRDC: “We applaud the more progressive approach of the United States, which has been a strong advocate for concluding the negotiations in a timely fashion, and for strengthening environmental assessment. However, we need the US to show more leadership to ensure that the new Treaty will result in the creation of a science-based network of fully protected areas in all areas of the High Seas, which scientists tell us is essential to reversing the decline of the ocean."   EU + UK Laura Meller, Protect the Oceans campaign, Greenpeace: "It’s deeply concerning that the European Union and UK continue to insist on maintaining a broken status quo when it comes to creating ocean sanctuaries on the High Seas at this round of negotiations. The bloc and the UK must raise their ambition in the last days of negotiations if they truly want to be global ocean champions, and ensure that a strong Treaty which has the power to create properly protected ocean sanctuaries on the High Seas is finalised this week. If they don’t, their fine words in the run up to these negotiations will be little more than empty rhetoric. The oceans are in crisis. We need ambitious, urgent, action before it’s too late."   PSID + CARICOM Travis Aten, Programme Officer, HSA: "We continue to applaud the Pacific Small Island Developing States (PSIDS) and the Caribbean Community’s (CARICOM) continued leadership during this negotiation process, notably through their support of robust and ambitious conservation positions. As islands that are surrounded by the ocean, it is clear to them that this Treaty must move beyond the current status quo and implement real change on how we manage biodiversity of the High Seas."   Fabienne McLellan, Managing Director, OceanCare: “It is encouraging to see that there is an increased spirit of urgency in the room. Many negotiators are rolling up their sleeves, aware that the world is watching to judge if the rhetoric on ocean commitments made in the lead up to this conference is translating into the Treaty text. While unfortunately some of the Treaty text elements are being watered down, it is not yet too late to make a turn around. Cementing the status-quo and the lowest common denominator is not good enough. We need an ambitious and implementable Treaty. The state of emergency of the ocean demands nothing less. NOTES Covering nearly half of the world’s surface, the High Seas—a true global commons—is only protected by a loose patchwork of poorly enforced rules that are ill-suited to address a growing onslaught of pressures to the water column and seabed below, including climate change, pollution, fishing, and emerging activities like deep-sea mining and bioprospecting. The negotiations began in 2018 and have since benefited from increased scientific and political awareness of High Seas marine life and habitats, as well as the dangers they face from human activities. For instance, until relatively recently, “High Seas” were considered to be largely devoid of life or too remote to face serious threats from overexploitation. Today, scientists have shown that they support marine systems that are vital to the global food supply, terrestrial ecology, and stability of the climate system. SPOKESPEOPLE Latin America Mariamalia Chavez (Spanish, English), [email protected] Gladys Martínez de Lemos (Spanish, English), AIDA, [email protected]  

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