Press Release

Indigenous Rights, Mining, Freshwater Sources

Irish company buying Colombian coal to be investigated for lack of due diligence with regard to human rights

The OECD accepted a complaint filed by civil society against the Irish state-owned company ESB for its failure of responsible business conduct in the purchase of coal from Cerrejón.   The National Contact Point (NCP) for the Organization for Economic Cooperation and Development (OECD) in Ireland agreed to evaluate the complaint filed against an Irish state-owned company, The Electricity Supply Board (ESB), for its lack of due diligence on human rights. ESB is a buyer of coal from Carbones del Cerrejón, the operator of the largest open-pit coal mine in Latin America. The complaint was filed in January 2021 by a coalition of national and international organizations, including CAJAR, CINEP, AIDA, GLAN, ABColombia, Ask, and Christian Aid. The complaint also had the support of several leaders of Wayuu and Afro-Campesino indigenous communities that have been historically affected by this extractive coal mining megaproject. For years ESB, considered Ireland's largest energy company, has purchased coal from the Cerrejón mine, located in La Guajira, Colombia, for use in its Moneypoint power plant in County Clare. The complaint alleges non-compliance by the company, as the purchaser, with the OECD's standards of due diligence and responsible business conduct in environmental and human rights matters. In addition, the complaint alleges that ESB has failed to take the necessary actions to influence Carbones de Cerrejón's own due diligence in identifying, mitigating, and preventing human rights abuses linked to the mine. This failure comes despite well-documented evidence of serious violations against Wayuu and Afro-Colombian indigenous communities, including environmental impacts and threats to human rights defenders. Following an initial assessment of the complaint, the Irish government's NCP released an initial statement on Monday, July 18, stating that it found sufficient grounds for further examination of the issues raised. From the perspective of the denouncing organizations, the purchase of Colombian coal by ESB has been made in spite of the company having been aware of ample evidence of serious human rights violations and environmental impacts in the territory of indigenous Wayuu and Afro-descendant communities. The company itself, on its official website, stated: "ESB is well aware of Colombia's difficult history that has had serious impacts on its population for many years. We are also aware of the issues reported in the media regarding the Cerrejón mine, many of which are related to Colombia's past. We are committed to remaining attentive to all of these issues and will continue to work with Bettercoal to influence and drive improvements. We bring these issues to Bettercoal for assessment as a matter of course." Although ESB had indicated that it stopped buying coal from Cerrejón in 2018 because of human rights violations, it recently announced that in the wake of the Russia-Ukraine war it was resuming its purchase of this coal for the coming months. "Six years ago, Ireland stopped buying Colombian coal, citing human rights concerns, and turned to Russia for the fossil fuel. Now, the European nation has resumed purchases from Colombia." On his recent visit to La Guajira in April of this year, Irish TD Gary Gannon criticized ESB for restarting coal imports from Cerrejón. Gary Gannon, who traveled to Colombia in April as part of the parliamentary delegation, said he had seen with his own eyes the devastating environmental impact of the mine and the pain of the indigenous communities displaced from their land for its expansion. "There is a disturbing double standard in this return to Cerrejón," he said. "We rightly say no to Russian coal after the invasion of Ukraine, recognizing the impact our business decisions can have on human rights. But that standard must apply everywhere, including Colombia." In the words of Wayuu leader Jakeline Romero Epiayu: "European countries, with total hypocrisy, send us messages of decarbonization, of abandoning the use of fossil fuels; but suddenly they put Colombia and La Guajira back in their focus to buy this coal that they continue to need, this coal that we have tirelessly said is stained with blood, stained with the lives of Wayuu men, women, boys, and girls." The complaint requested, among other recommendations, that ESB: end its commercial relationship with the purchase of Colombian coal, issue a public statement acknowledging the need for its cessation, request the mine's parent companies initiate progressive closure of the mine and remediate its impacts, compile and publish an effective human rights policy, and issue a formal apology to the affected communities. Following the issuance of this initial assessment, the Irish NCP will formally ask the parties if they are willing to participate in mediation, with the objective of reaching a resolution to the issues raised in the complaint. The goodwill offer is voluntary for both parties. If a mediated solution is not possible, the Irish NCP will conduct a review of the complaint. The outcome will be reflected in a Final Statement which may include recommendations on the implementation of the OECD guidelines. The Irish NCP also noted that it is still processing another complaint against CMC Coal Marketing Company, a Dublin-based company responsible for the marketing and sale of coal from the Cerrejón mine. In the wake of the war between Russia and Ukraine and the current context of increasing demand for Cerrejón coal, this complaint sends an important message that countries and companies that buy this coal must continue meeting their obligations with respect to human rights and corporate due diligence duties. José Alvear Restrepo Lawyers' Collective Center for Research and Popular Education Interamerican Association for Environmental Defense (AIDA) press contact: Víctor Quintanilla (Mexico), AIDA, [email protected], +525570522107  

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Fracking, Freshwater Sources, Toxic Pollution

In regressive decision, high court endorses fracking in Colombia

Bogotá, Colombia. Colombia’s highest administrative court, the Council of State, on Thursday ruled against a lawsuit that sought to nullify the government’s regulation of fracking, effectively endorsing the controversial technique’s implementation in the Andean nation. The nullity lawsuit was filed by the Public Interest Law Clinic of the Universidad del Norte—which was jointly advised by AIDA, Corporación Podion, and the legal clinics of Universidad Javeriana and Universidad de los Andes—in an attempt to challenge the legality of the rules that would allow for fracking operations in the country, found in 2013’s Decree 3004 and 2014’s Resolution 90341. This decision means the suspension of Colombia’s judicial moratorium on fracking, which has been in place since 2018, when the when the Council preventively suspended the rules based on the precautionary principle and due to the lack of certainty about the risks of irreversible damage that the technique implies for the environment, climate and public health. Fracking has been assessed by national and international academics and scientists as an experimental technique that threatens air, water, human health, democratic participation, social fabric and culture, traditional knowledge systems, biodiversity and, in the long term, economic, seismic and climatic stability. In addition, it creates atmospheric pollution due to the emission of methane—a potent gas whose warming potential is 84 to 87 times greater than carbon dioxide on a 20-year scale. While the Council of State's ruling ratifies the government's regulations and lifts the moratorium, it does not exonerate national and local authorities from protecting the environment and respecting the fundamental rights of the population as they consolidate the mining and energy policy. Legal experts who brought the case before the Court respond to the ruling:   "In Latin America and around the world, many countries have banned fracking because of its impacts on the environment and on the protection of human rights. The ruling of Colombia’s Council of State is regressive and goes against international advances on environmental, climate and human rights issues.” - Yeny Rodríguez, attorney with the Interamerican Association for Environmental Defense (AIDA)   "The Council of State has issued a decision contrary to the facts proven in the litigation. They have ignored the survey conducted by the National University of Colombia, the report of the expert commission, the concept of the Attorney General's Office, and the rest of the documentary evidence and scientific texts that clearly demonstrated the need to prohibit this technique under the precautionary principle. In addition, the ruling ignores Colombia's international climate commitments and the principle of intergenerational solidarity, as it ignores the fundamental rights of future generations." - Juan Pablo Sarmiento, plaintiff’s attorney in the case.   “The Council of State lost a great opportunity to strengthen, through the courts, a regulation that many experts considered too weak to protect the environment and public health. Its now is in the hands of the national government and the legislature to guarantee society the protection of the precautionary principle and democratic participation in environmental matters" - Juan Felipe García, attorney with the Law and Territory Clinic of the Universidad Javeriana   “The decision of the highest administrative court in the country is not an open invitation to carry out fracking in Colombia. The government must fully guarantee the right to participation and the voice of communities in decision-making about projects that may generate environmental impacts in their territories, as well as guarantee the safety and protection of environmental leaders who defend their territories". - Silvia Quintero, legal advisor to the Environmental and Public Health Legal Clinic of the Universidad de Los Andes   “The lifting of the judicial moratorium on fracking leaves open the possibility of moving forward with such projects whose contracts were previously suspended. It’s necessary that fracking have a social license because several regions of the country have been considered as potential areas for its implementation." - Lizeth Gómez, attorney with Corporación Podion Contactos de prensa: Juan Pablo Sarmiento, [email protected], +573005514583 Yeny Rodríguez, AIDA, [email protected], +573107787601 Juan Felipe García, Clínica en Derecho y Territorio de la Universidad Javeriana, [email protected], +573125588889 Lizeth Gómez, PODION, [email protected], +573176430036  

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Fracking, Human Rights, Indigenous Rights

Court ruling may approve licensing for Belo Sun's mining project in the Amazon

Environmental licensing for the largest open-pit gold mine project in Brazil has been challenged by eight lawsuits exposing flaws in environmental impact studies. A possible decision in favor of Belo Sun may set a precedent that illegally restricts consultation of traditional peoples and sanctions human rights violations.   Altamira (Pará), April 22, 2022 — On Monday, April 25, the Regional Federal Court of the 1st Region (TRF1) will rule on two decisive cases that could pave the way for the beginning of the project by Canadian mining company Belo Sun in Pará, in the Brazilian Amazon. The company plans to build the largest open-pit gold mine in Brazil, at Volta Grande do Xingu, one of the most biodiverse sites in the world and a region that has already suffered the impacts of the Belo Monte dam and hydroelectric plant. In 2017, the Regional Federal Court of the 1st Region (TRF1) revoked a second license granted by the state of Pará for the installation of the project, prompting the mining company to undergo a process of prior consultation with affected Indigenous peoples, in accordance with Convention 169 of the International Labor Organization (ILO). The Court also required the company to prepare an Indigenous Component Study (ECI) within the parameters required by Funai (Brazilian National Indigenous Foundation), on the impacts of the project on Indigenous peoples. At the hearing on April25, 2022, the court will revisit the case. Belo Sun claims it has complied with the requirements, but the Federal Prosecution Office (MPF) is contesting this assertion. The Prosecution Office says that Belo Sun performed no actual consultation with affected populations, and that the ECI study is flawed — researchers have considered the project to be environmentally unfeasible, with a high likelihood of dam failure. The Prosecution Office's claims are based on a report published in February by researchers from the Observatory of Community Protocols of Consultation and Prior, Free and Informed Consent, at the request of the Prosecution Office itself. “If the TRF-1 upholds Belo Sun's request, we will be facing a dangerous precedent, which illegally restricts the content of the consultation provided for in Articles 6, 15, and 16 of Convention 169 of the International Labor Organization (ILO), and sanctions the violation of the human rights of Indigenous peoples and traditional communities in Volta Grande do Xingu. Such decision would legitimize the lawless actions undertaken by Belo Sun and would open the doors to the exploration of the newest gold frontier in the Amazon, which, if made possible, will surely drive the ecocide and systematic destruction of the already-fragile region of Volta Grande,” declares Ana Carolina Alfinito, legal advisor at Amazon Watch, an organization that is part of the Volta Grande do Xingu Alliance. Belo Sun’s Volta Grande Project would affect multiple Indigenous peoples, including the Jurunas of the Paquiçamba Indigenous Land, the Araras of the Arara da Volta Grande Indigenous Territory, the isolated peoples of the Ituna-Itatá Indigenous Territory, and “desaldeados”—Indigenous groups who traditionally occupy territories that haven’t yet been formally demarcated by the Brazilian government. These groups inhabit territories very close to the site the project would occupy. Such is the case of the population that lives on Ilha da Fazenda, Ressaca, and Galo, in addition to the communities of São Francisco (Juruna), Iawa (Kuruaya), Jericoá II (Xipaia), Kanipá (Xipaia), and Kaniamã (Xipaia). The São Francisco community, for example, is located only 600 meters from the project area, so it would suffer serious and direct impacts, which makes its exclusion from the impact assessment and consultation process even more serious. According to the document from the Prosecution Office, Belo Sun only collected testimonies from the affected communities, leaving no room for Indigenous people to express their views and influence the project, as should occur in an effective consultation process. The report also suggests that the mining company is attempting to classify meetings with the desaldeado communities as consultations—although the company’s initial and expressed goal was merely to collect information. There are no records that Indigenous people who attended these meetings were informed that they were attending a prior consultation process for deliberation on the gold mine. A 2012 ruling by the Inter-American Court of Human Rights upholds that consultations must take place “at all stages of planning and from the earliest phases.” The same ruling by the Court determined that prior consultation is a responsibility of the government, which cannot be delegated to private companies, “much less to those interested in extracting the resources. There are records of meetings in which only representatives of Belo Sun and some of the Indigenous communities participated, without the presence of governmental agencies,” the Observatory's report points out. In a statement to Repórter Brasil, Lorena Kuruaya says that the Iawá community, made up of members of the Xipaia and Kuruaia peoples and one of those affected by Belo Sun’s project, sent several consultation requests to Funai but got no response. “We need to know about the project, about explosions and the use of cyanide, because we fear what happened in Brumadinho and Mariana. To date, we have been treated as if we were invisible in the consultation process,” reads a letter from 2020 signed by community members. In another joint communiqué, according to Repórter Brasil, residents of Iawá and the Kanipá, Jericoá I, and Jericoá II communities informed Funai that none of them had been “sought, consulted, let alone informed” about the implications of the project, and requested mediation from the agency so the mining company could present explanations, execution plans, and potential environmental impacts. “A decision in favor of Belo Sun means that the Brazilian government, as in the case of Belo Monte, will once again side with big companies, completely ignoring the socio-environmental impacts that will result from this project,” points out lawyer Marcella Ribeiro, from the Human Rights program of AIDA (Inter-American Association for Environmental Defense). “The polygons under scrutiny go beyond the river area and extend to Indigenous regions. Within a few years we will likely see gold exploration in adjoining areas. And if Bill 191 is approved, these Indigenous lands will become a large mine,” she proclaims. Failures and impacts of Belo Sun’s project According to experts, the Belo Sun mining project in Volta Grande do Xingu has serious structural flaws which were not clearly presented to the impacted communities during the consultation process. Environmental impact studies carried out by the mining company disregard both the potential seismic impacts on the tailings dam that needs to be built and the cumulative impacts it would cause along with the dam of the Belo Monte plant. The dam designed for the mine would be similar in size to the Vale dam that collapsed in Mariana in 2015, causing Brazil's biggest environmental disaster. A report by an expert in geology and mining, Dr. Steven H. Emerman, claims that at least nine million cubic meters of toxic mining waste could reach the Xingu River and travel more than 40 kilometers in two hours, causing irreversible damage. These tailings could contain highly toxic metals, such as cyanide, arsenic, and mercury, which could lead to ecocide of the Xingu River. Furthermore, Belo Sun’s project is only ten kilometers from the main dam on the Xingu River, built for the Belo Monte hydroelectric power plant. The exploration conducted by the mining company expects explosions 24 hours a day to extract gold from the earth, for at least 12 years. There is a risk that the explosions will impact the stability of the Belo Monte dam, as well as that of the Volta Grande project, something that has not been considered until now. Belo Monte itself, in a recent statement, warned of the risks of implementing a minint megaproject in the area. Other studies point to impacts such as changes in the reproductive cycle of fauna, deforestation and/or burning, pollution of water resources, and soil contamination. Volta Grande do Xingu Alliance This is a communiqué by the Volta Grande do Xingu Alliance, which includes organizations and social movements from Brazil and the world. The Alliance supports the defense of life and dignity in the Volta Grande do Xingu region and its permanent protection against infrastructure projects such as the Belo Monte hydroelectric plant and Belo Sun’s mine. The Alliance comprises: AIDA, Amazon Watch, Earthworks, International Rivers, Instituto Socioambiental – ISA, Mining Watch, Movimento Xingu Vivo para Sempre, and Rede Xingu+.  

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Indigenous Rights, Accountability and Transparency, Human Rights

Indigenous victory as development bank withdraws investment and drafts exit plan following rights violation in Guatemala

In a historic advance, the Inter-American Development Bank has designed a responsible exit plan to accompany their divestment from two controversial large dams in the Yichk'isis micro-region of Guatemala. Affected Mayan communities celebrate the decision, a response to their 2018 complaint, while acknowledging that the Bank has several challenges left to confront.   Washington, DC, U.S.A. The Inter-American Development Bank (IDB) announced its decision to withdraw financing from the San Mateo and San Andrés hydroelectric projects, run by the company Energía y Renovación S.A. in the micro-region of Yichk'isis (Ixquisis) in northern Guatemala. The Bank designed a responsible exit and institutional strengthening plan to address the weaknesses the case revealed. The Bank’s decision stems from a complaint affected Mayan communities filed in 2018 before the IDB Group's Independent Consultation and Investigation Mechanism (MICI, for it’s Spanish initials). In resolving the complaint, the accountability office concluded that IDB Invest failed to comply with the bank’s operational policies and safeguards in the framework of project financing, and opened the possibility of a withdrawal of investment. "It’s an opportunity for the bank to take into account the lessons learned from the case: among them the relevance of understanding the local contexts of projects, the socio-cultural dynamics of the populations that will be directly affected, and the local perspective of development to determine the viability of the financing," says Liliana Avila, senior attorney of the Human Rights and Environment Program of the Interamerican Association for Environmental Defense (AIDA). "It is also an opportunity for the bank to strengthen the monitoring and supervision of the projects it supports in order to prevent non-compliance.” The divestment was finalized in October 2021, when IDB Invest and Energía y Renovación S.A. signed settlement agreements. Notably, this is the first time that the IDB Group, as a result of a complaint, has drawn up a plan to make its exit responsible. However, there are still challenges and pending issues that the financial institution must address in the process of exiting hydroelectric projects. "In order to prepare the responsible exit plan, IDB Invest must carry out consultation processes with the affected communities, which will largely define the plan's capacity to effectively address and offer viable solutions to the damages recognized in the MICI report, such as the increase in conflict, the lack of knowledge of the existence of indigenous peoples and their rights, the effects on ancestral cultural heritage, the differentiated impacts on women and the lack of prevention and consequent environmental degradation," said Carolina Juaneda, of the Bank Information Center. "If these issues are not addressed and included in the responsible exit plan, all this effort will not have been worthwhile since, ultimately, it will not lead to any improvement or reconstitution of living conditions for the affected people and the environment." The action plan proposed by the entity establishes that IDB Invest will create a transition plan translated into the native languages of the affected communities, as well as a gender-differentiated impact assessment, and an investment to promote financial inclusion and women's empowerment in the area. In addition, the plan contains actions to address MICI's recommendations for structural changes at the institutional level. In this regard, the bank plans to strengthen the environmental and social safeguards unit of IDB Invest in the area of indigenous peoples, as well as to establish a zero tolerance policy for gender-based violence, which will be included in the contractual conditions of operations approved by the bank. Existing protocols will include tools to follow up on acts of violence associated with projects financed by IDB Invest. Regarding the categorization of projects, an update will be made so that the internal supervision classification will be modified to a higher one when circumstances are identified that raise the risks and impacts of a project after its financing was approved. "The bank's responsibility in the investment process and in the non-compliance with its social and environmental safeguards is evident; therefore, it must promote during the exit process the effectiveness of the actions in a participatory manner, free of manipulation and in an inclusive manner with the community to reduce the risks of re-victimization and violation of the affected population," indicates Mara Bocaletti, Director of the International Platform against Impunity. "This experience is a first step to maximize the benefits in the territories so as to make amends for the damage caused." The communities submitted their complaint to MICI in August 2018 with the accompaniment of AIDA, the International Platform against Impunity and the Plurinational Ancestral Government of the Akateko, Chuj, Q'anjob'al and Popti' Native Nations. In it, they requested that IDB Invest withdraw its investment due to the damage that the implementation of the projects has caused to the environment, indigenous peoples and women of Ixquisis. In September 2021, the IDB Group Board of Directors approved the MICI report, which concluded that IDB Invest failed to comply with its own operational policies and safeguards for at least five reasons: 1) validating an inadequate characterization of the affected population, which denied the existence of indigenous peoples; 2) failing to verify the completion of an identification of gender-differentiated impacts on women; 3) failing to ensure that the client made an adequate identification and management of environmental impacts; 4) failing to ensure that the communities were properly informed and consulted; and 5) failing to carry out adequate monitoring of local conflict risks that could be generated in the area because of the projects. "The MICI report confirms that IDB Invest failed to comply with its policies, generating adverse impacts on the lives of the communities. The company Energía y Renovación did not act with due diligence in the framework of its operations and, on the contrary, has implemented strategies contrary to the respect of human rights. Currently, several indigenous authorities and human rights defenders are criminalized, making undeniable the continued risk for the communities," says Rigoberto Juárez, General Coordinator of the Plurinational Ancestral Government. "Given this evidence, it’s important that IDB Invest guarantee actions aimed at repairing the damages caused to the communities in the framework of the financing of these projects, and more strongly recognize its responsibility." press contacts: Victor Quintanilla (México), AIDA, [email protected], +521 5570522107 Camila Castellanos, Plataforma Internacional contra la Impunidad, [email protected]  

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Indigenous Rights, Toxic Pollution

Peru’s Constitutional Court to hear case on Amazonian oil spills

The Court expects to resolve an amparo that communities of the Peruvian Amazon filed requesting the maintenance of the Norperuvian oil pipeline to prevent further spills. The lawsuit was supported with arguments on the international obligations of the Peruvian State to guarantee the rights to a dignified life and a healthy environment, among others.   Lima, Peru. The Constitutional Court can stop the oil spills in the Peruvian Amazon and, with them, the systematic violation of the fundamental human rights of the indigenous peoples who live there. On Thursday, March 4, the Court is scheduled to hear and resolve an amparo filed by community members from Quebrada de Cuninico, Urarinas district of Loreto province, demanding the maintenance of the Norperuano oil pipeline, which would prevent new spills. In 2014, due to a leak in the pipeline, 2,500 barrels of oil were spilled into the creek, which negatively impacted the health and natural environment of the native communities of San Francisco, Nueva Esperanza, Cuninico and Santa Rosa. The unconstitutional amparo, filed in June 2018 with support from the Instituto de Defensa Legal (IDL), seeks a final judicial decision requiring the state-owned company Petroperu to oversee and monitor the operations of the Norperuvian Pipeline, the longest in the country, as well as to maintain all its pipelines in safe working order to prevent further spills. "It is urgent that the Peruvian authorities put an end to this structural problem that has affected the Peruvian Amazon for decades," said Juan Carlos Ruiz, IDL's lawyer. Recently, the Interamerican Association for Environmental Defense (AIDA) presented an amicus brief supporting the communities’ demand, using international human rights law to outline the State’s obligation to guarantee the adoption of administrative, legal, political and cultural measures necessary to protect the rights to a dignified life and a healthy environment. "The Amazon is an indispensable ecosystem for conserving the planet's climate," said Liliana Avila, coordinator of AIDA's Human Rights and Environment Program. "In contexts of climate crisis, the protection of this ecosystem and the indigenous peoples who inhabit it is an urgent and vital mandate." The brief also highlights the toxicity of oil to the environment and the duties of the Peruvian State and Petroperu to guarantee the health and integrity of those most vulnerable to hazardous substances, such as children, women and traditional communities. "There is evidence that the oil spills in the Peruvian Amazon, which directly affect indigenous peoples, are mostly caused by the corrosion of pipelines," says Connie Espinoza, Regional Technical Coordinator of the All Eyes on the Amazon Program (TOA). "The volume spilled is so large that se are finding it impossible to attend to all the remediation needs derived from each and every spill." According to The Shadow of Oil, an OXFAM report, pipeline corrosion and operational failures caused 65 percent of the 474 spills that occurred in Amazonian oil lots and in the Norperuvian Pipeline between 2000 and 2019—which affected the territory of 41 indigenous peoples—, while third parties caused just 28 percent. Pipeline operators are responsible for the vast majority of spills. The document also shows that, of the 2,000 sites impacted and contaminated by oil activity in Block 192, only 32 were prioritized for remediation, and that the volume of contamination, on average, would fill 231 national soccer stadiums. The lack of maintenance of the Norperuvian oil pipeline gravely impacts the Peruvian Amazon and violates the fundamental rights of native communities to enjoy a balanced environment, health, physical integrity, natural resources, territory and other rights of constitutional importance. press contacts: Gerardo Saravia, IDL, +51 997 574 695, [email protected] Nora Sánchez, HIVOS, +593 99 821 5617, [email protected] Victor Quintanilla, AIDA, +521 5570522107, [email protected]  

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Coral reefs, Oceans, Human Rights

Supreme Court orders protection of Veracruz's reefs and wetlands

Mexico’s high court unanimously ruled that authorities violated the right to a healthy environment by authorizing the expansion of the Port of Veracruz. Environmental authorities failed to use the best scientific information, analyze the port expansion in a comprehensive manner, and consider all of its impacts. The ruling implies that the project’s approvals are unfounded and that its impacts must be re-evaluated, this time in a comprehensive manner, to determine the viability of the project.   Mexico City, Mexico — On February 9, residents of Veracruz won a victory before the Supreme Court of Justice of the Nation in a legal injunction filed to defend the Veracruz Reef System (SAV) and its environmental services against the expansion of the Port of Veracruz. The justices of the Court unanimously voted in favor of the draft ruling that protects the reefs of Veracruz and transforms the way the Environmental Impact Assessment procedure operates throughout the country. This decision underpins the protection of the right to a healthy environment, and it sets a new precedent that will change the way officials determine how projects are assessed by their environmental impact. The Court held that "the protection of wetlands is a national and international priority that has led our country to issue a strict regulation of this ecosystem and… any analysis made in relation to wetlands must be guided by a criterion of maximum precaution and prevention." The ruling pointed out that the Secretariat of Environment and Natural Resources (Semarnat) violated the right to a healthy environment by authorizing the expansion project of the Port of Veracruz, since "it did not take into account the best scientific information available; it did not analyze or evaluate in a complete manner each one of the different environmental impacts that the project and its modification could cause, in addition to the fact that the project and the works related to it were analyzed in a fragmented manner." The Supreme Court’s ruling annuls the authorization for the port’s expansion and orders a complete reevaluation of the project’s environmental impacts and determination of the consequent viability of the project. "CEMDA filed this injunction, together with the community, to protect and contribute to the conservation of the Veracruz Reef System, as well as the reefs and the services they provide, since they are key to the well-being of the people living in the Veracruz-Boca del Río-Medellín conurbation," explained Xavier Martínez Esponda, CEMDA's Operational Director. The case sets a precedent that will transform the way in which Semarnat and state authorities conduct Environmental Impact Assessments in the country. Martinez Esponda pointed out that, "with this decision, the principles of prevention and precaution will have to become much more ingrained in the decision-making process. Likewise, authorities and investors should learn the lesson that it is more expensive, in all senses, not to present their projects in a complete manner, than to comply in time and form with the Environmental Impact Assessment." Background The Veracruz Reef System is a National Park and a wetland of international importance according to the Ramsar Convention. It has great environmental value as the largest reef system in the central region of the Gulf of Mexico. This reef system hosts the greatest biodiversity of species in the western Gulf of Mexico and is also home to several protected species, such as the critically endangered hawksbill turtle. The SAV also helps mitigate the impact of storm surges and hurricanes, which have increased in frequency and intensity as a result of climate change. The Port of Veracruz expansion project was proposed in the late 1990s and its implementation included plans for new breakwater works, access and navigation channels, land access, terminals, and port facilities. These works will damage reefs and seagrasses in the area, as they will be impacted by the increased sedimentation caused by the construction works. Due to the importance of the case, international environmental protection organizations supported the process.  Earthjustice and the Interamerican Association for Environmental Defense (AIDA) delivered a joint amicus brief to the Supreme Court in support of CEMDA’s filing with the court. Sandra Moguel, AIDA's attorney, emphasized that "it is not the proximity of a project that determines who are the affected people and who should have access to justice to defend their right to a healthy environment." In its brief, AIDA explains that international law obliges the Mexican government to allow anyone whose fundamental rights are threatened by environmental harm to access judicial remedies, even if their connection to the threatened ecosystem is indirect or remote. Guillermo Zuñiga, an attorney with Earthjustice, emphasized that his ties to this reef are important and personal: "I grew up in Veracruz.  I am a Xalapeño. That area gave birth to me, and I grew up swimming in the rivers and beaches of Veracruz with my family. I want the children of Veracruz to have the opportunity to enjoy the richness of its biodiversity as I did." Alejandra Serrano Pavón, a lawyer with the international organization Environmental Law Alliance Worldwide (ELAW), was interested in the case because of the opportunity to encourage the Court to broadly interpret the right to access to justice in defense of the environment. ELAW presented an amicus brief that supported the filing, through which is provided examples from various countries around the world that recognize a broad interpretation of this right, which allows "any civil society organization or, at least residents of a place, to initiate a legal action to protect the environment." We widely celebrate this decision of the First Chamber of the Supreme Court, and we hope that in the process of executing the judgment, the Secretariat of Environment and Natural Resources complies with what it has been ordered to do under the highest standard of protection enshrined in the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement. Underwritten by: AIDA Earthjustice ELAW CEMDA press contacts: Ricardo Ruiz, CEMDA, [email protected], 5559644162 Victor Quintanilla, AIDA, [email protected], 5570522107  

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Large Dams, Freshwater Sources, Accountability and Transparency

IDB must guaranty a responsible exit from the Hidroituango project

Ongoing investigation of the project continues regardless of early repayment of loan​. The IDB Group concluded the loan for Hidroituango prematurely as they face uncertainty regarding project initiating operations. The investigation process regarding non-compliance with IDB policies in Hidroituango continues, regardless of the early termination of the loan. The construction of the Hidroituango dam, a project that has created a humanitarian and environmental crisis without precedent in Colombia, was financed by IDB Invest, the private lending arm of the Inter-American Development Bank (IDB), which invested millions of dollars in the hydroelectric project and facilitated the investment of a billion additional dollars from other international development banks. The Office of the Transparency Hub of IDB Invest informed Movimiento Ríos Vivos (MRV) -which represents communities affected by HidroItuango - that the bank concluded its involvement in the project after receiving the advance repayment of funds from Empresas Públicas de Medellin (EPM). Further, it informed that the compliance investigation process currently underway at the Independent Consultation and Investigation Mechanism (MICI) to assess compliance with IDB policies will continue, separate from the exit from the project by IDB. Regarding the communication sent by IDB Invest to MRV, the movement and accompanying international organizations, the Center for International Environmental Law (CIEL) and the Interamerican Association for Environmental Defense (AIDA), stated the following: First, the undersigned organizations maintain that the continuation of the complaint before the MICI demonstrates a respect for the integrity and independence of the accountability mechanism and a commitment to respond to the concerns of communities affected by IDB financed projects. Furthermore, we would underline that the fact the IDB has concluded its involvement in the project, resulting from a voluntary repayment due to the uncertainty of reaching certain project milestones, does not imply the absence or the removal of the investment. Much to the contrary, the prepayment by EPM to the IDB Group demonstrates that the IDB effectively disbursed funds and financed the project, and that Hidroituango is an IDB branded project. Consequently, we believe that it is correct for the MICI, the accountability mechanism in this case, to continue its investigative functions, and that the Board and management of the Bank remain committed to the process and its findings. Secondly, as has been set forth by the MICI in recent reports recognizing the lack of compliance with environmental and social safeguards by the bank, such as the case of the San Mateo and San Andres hydroelectric projects in the microregion of Yich K’isis in Guatemala, “in case of exit from the Projects, IDB Invest should make the necessary provisions to ensure a responsible exit from the Operations”. We are confident that the payment of the debt by EPM to the IDB opens up a historic possibility for the bank to conclude its involvement in a responsible way, by creating an Exit Plan in participation with communities which allows for the restoration of affected livelihoods, thereby legitimizing the bank as a responsible international finance institution. This possibility brings hope to the MRV communities affected by the Hidroituango project, who have called for the end of the investment by the IDB and its responsible exit for years. Thirdly, the undersigned organizations expect the IDB to fulfill its commitment to transparency in its operations, guaranteeing the principle of maximum access to project information, in a straightforward and comprehensive manner, under the terms established in the bank’s access to information policy. It is under these terms that we will be requesting meetings with the Board of the IDB in the near future. Today the IDB has an opportunity to fulfill its commitment to maintain high standards of integrity, transparency and accountability within its operations not only in Colombia but throughout Latin America. For this reason, we insist on the need for i) decision-making to be more transparent about the remaining IDB Group investments or loans which currently finance this project, both from its public and private lending arm, as was set forth in the petition sent on December 6th, 2021, ii) that a responsible, effective and participatory exit plan be built with communities. Press contacts: Milena Florez, Movimiento Ríos Vivos (MRV), [email protected], +57 319 2131656 Carla García Zendejas, CIEL, [email protected], +1 202 374 2550 Yeny Rodríguez Junco, AIDA, [email protected], +57 310 7787 601  

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Indigenous Rights, Freshwater Sources, Climate Change

In-danger designation requested for Pantanal wetlands in Brazil, Bolivia and Paraguay

On World Wetlands Day, advocates urged the Ramsar Convention Secretariat to conduct an advisory visit to wetlands severely affected by fires, and for the governments of the three countries to inscribe the sites on the global list of wetlands at risk of disappearing.   Gland, Switzerland -- Civil society organizations sent an urgent alert to the Ramsar Convention today requesting a full assessment of damage caused by recent fires in the Pantanal, the world’s largest tropical wetland, a natural area shared between Brazil, Bolivia and Paraguay. The groups requested that the Secretariat conduct an advisory mission to analyze the state of six wetlands, which the Convention has recognized as being sites of international importance, and for the wetlands to be included on the Montreux Record, a list of the world’s most at-risk wetlands. The Interamerican Association for Environmental Defense (AIDA), the Center for Biological Diversity and Ecologia e Ação (ECOA) sent the alert on World Wetlands Day. They also urged the three governments to urgently implement measures to preserve the Pantanal as a transboundary ecosystem. The Ramsar sites addressed in the request are the Bolivian Pantanal; the Reserva Particular do Patrimonio Natural SESC Pantanal, the Reserva Particular do Patrimonio Natural Fazenda Rio Negro, the Pantanal Matogrosense National Park and the Taiamã Ecological Station in Brazil; as well as the Rio Negro National Park in Paraguay. "A Ramsar in-danger designation is crucial to combating the Pantanal’s huge and unprecedented fires, which now threaten Bolivia, Brazil and Paraguay," said Alejandro Olivera, a senior scientist with the Center for Biological Diversity. "Public policies that promote agriculture and livestock expansion and allow burning within the Pantanal have combined with limited cross-border collaboration to create a tinderbox. Ecosystem-damaging fires will continue without stronger commitments to protect these critical wetland habitats." In 2020, fires devastated 4.3 million hectares of the Pantanal region, the highest number since monitoring began in 1998; the number of fires burning in the area was 508% more than average. That same year, fires burned 100 percent of the Pantanal National Park Matogrossense. At least 10 million animals died in just three months. Unusually large fires continued in July 2021. "We are asking the States to comply with the obligations acquired before the Convention, generating coherent mechanisms and implementing policies and norms to protect the Pantanal," explained AIDA attorney Claudia Velarde. "An advisory mission to the six Ramsar sites could provide specialized assistance to the Brazilian, Bolivian and Paraguayan governments to overcome the conditions that pose risks to the conservation and wise use of this key wetland.” Likewise, the inscription of the sites on the Montreux Record can result in economic aid, support and technical advice, for the recovery of the Pantanal in the three countries. "We sent an urgent alert for Bolivia, Brazil and Paraguay to focus on the Pantanal as the world's largest transboundary freshwater wetland," said Andre Siqueira, President Director of ECOA. "The Ramsar Convention cannot achieve its objectives if the ecosystems it protects are significantly damaged by the continued use of fire, agribusiness and the lack of adequate resources to fight fires." The biodiversity and ecological richness of the Pantanal is incalculable. At least 3,500 species of plants, about 600 birds, 150 mammals, 175 reptiles, 40 amphibians and 300 freshwater fish inhabit the biome. Many are in danger of extinction in other regions, such as the tuyuyú and the jaguar, the marsh deer, the giant otter and the macaw, all emblematic species of the biome. The Pantanal is home to the highest concentration of species such as the jaguar and the caiman. press contacts: Alejandro Olivera (Mexico), Center for Biological Diversity, +52 612 1040604, [email protected] Victor Quintanilla (Mexico), AIDA, +521 5570522107, [email protected] André Luiz Siqueira (Brazil), ECOA, +55 67 33243230, [email protected]    

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Indigenous Rights, Climate Change, Human Rights

"Portraits of a feminist energy transition"

The energy transition is essential and underway, but what are the risks and opportunities that the green energy revolution represents for the realisation of women's rights? How can we prevent the replication of extractive practices commonly associated with fossil industries? How can we promote renewable energy models that promote women's participation and the eradication of energy poverty? The series "Portraits of a Feminist Energy Transition" seeks to showcase the stories of women activists and human rights defenders advcating for a just energy transition. A new energy system that protects the environment, advances gender equality and provides safe, affordable and sustainable access to energy. Although women play a critical role in the management and use of energy resources in households and their communities, they face common challenges linked to systemic discrimination, energy poverty and lack of representation in the development of the new renewable energy sector. We cannot accelerate the move towards sustainable energy systems without bringing to the centre the voices of women and communities who have historically been left behind in energy decision-making spaces. In the context of COP26 and when discussing an energy transition that involves an unprecedented technical and technological shift from one source of energy to another and counteracting the effects of climate change, the civil society organisations, Global Initiative for Economic, Social and Cultural Rights (GI-ESCR) and the Interamerican Association for Environmental Defense (AIDA), with the support of FES-Geneva, launch the first video in the series that tells the story of Maria, an indigenous woman from the Maya Chuj ethnic group living in the Yich K'isis micro-region of Guatemala. It is only through women's stories and experiences that we can reduce the potential risks of the energy transition and catalyse the transformative power of renewable energy to advance gender equality and a low carbon future for all. Listen to María’s story!  

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Mining, Toxic Pollution, Human Rights

Victims of environmental contamination in La Oroya, Peru applaud the presentation of their case before the Inter-American Court of Human Rights

The decision, emitted by the Inter-American Commission on Human Rights, represents an important opportunity to restore the rights of affected residents. It’s the first time that a case of air pollution caused by business activities in an urban context has been brought before the Court.   La Oroya, Peru. More than fifteen years after the case of environmental contamination in the city of La Oroya began, the Inter-American Commission on Human Rights established the Peruvian State’s responsibility for the violation of the affected population’s rights to life, integrity, health and a healthy environment. This month, the Commission referred the case to the Inter-American Court of Human Rights. "My sisters and I suffered exposure to heavy metals since we were children, having to migrate with our parents to an area far away from the contamination," said one of the victims, whose identity has been withheld due to the risk of reprisals for their role as environmental defenders. “We are thrilled to take one more step in this long process, in which so many of us have been involved. We are hopeful this will shine a ray of light on our path, and that our case will come to an end for the wellbeing of our health, so we can say 'Yes we could' in spite of so many falls.” The case originated with a petition, filed in 2005, by a group of La Oroya residents who, in the absence of responses at the national level, turned to the Commission to request precautionary measures. They subsequently denounced the violation of their rights resulting from chronic exposure to heavy metals (lead, cadmium and arsenic) from the metallurgical complex run by the company Doe Run Peru. The affected people appealed to the Inter-American Human Rights System because, although the Peruvian Constitutional Court ordered urgent measures for the protection of their rights in 2006, the State failed to comply with them. In an official communiqué on its decision, adopted on September 30, the Commission emphasized that "the State failed to comply with due diligence in its duties to regulate, supervise and oversee the behavior of the companies with respect to the rights they could affect, nor with its duty to prevent violations of these rights.” "We are happy for the news, so many years of waiting, frustration and fear. We are finally at the end,” said a mother whose parents and siblings were also affected by the contamination. “It’s a joy for all those who are present and for those who have left. We also thank the group of petitioners who have continued despite everything." The Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), representatives of those affected in the case, welcome the Commission's decision, as it puts an end to several years of waiting and constitutes a great opportunity to restore the rights of the affected people. "It is a milestone for the Inter-American System because it is the first case to document a situation of environmental contamination, particularly air pollution, caused by business operations in an urban context," said Liliana Avila, Senior Attorney in AIDA's Human Rights Program. For Christian Huaylinos, Coordinator of APRODEH's Legal Department, "this case would allow the Court to advance State obligations regarding the special protection of populations that may be in a particularly vulnerable situation, such as children, adolescents and senior citizens. It would also address State responsibility, the obligations derived from the right to a healthy environment as an autonomous right, and its interdependence with other fundamental rights for human existence, such as health, life and personal integrity, as well as rights such as access to information, association and justice.” The contamination suffered by the inhabitants of La Oroya, many of them minors, particularly those who have come before the Commission, has had serious negative effects on their health with consequences that continue to this day. Although the metallurgical complex has implemented environmental management instruments, given the legal requirements at the national level aimed at mitigating and remediating the contamination caused, the State has granted extensions for their implementation without Doe Run Peru fully complying with its obligations. "I was very affected by the loss of my loved ones due to a lack of adequate healthcare, which lead to death. We’ve lost many people,” said one of the inhabitants of La Oroya, who has been affected since she was a minor and had to migrate to Lima with her mother. “We want to be treated well when we go to the doctor. I’ve lost my sisters and my father; we are all affected. I remember as I child I used to get spots from the arsenic.” She requests that the Court focus on the Peruvian health system when hearing the case and learning about its impacts. In all these years, the Peruvian State has failed to oversee, regulate and remedy the damage caused by the metallurgical complex. Its actions and omissions continue to violate human rights, to the detriment of the families of La Oroya. Members of the La Oroya community who have defended their right to a healthy environment have also been subjected to harassment and accusations. In this regard, the IACHR concluded that the State did not carry out "serious and effective criminal or administrative investigations to guarantee access to justice for the victims who were subjected to threats, harassment or reprisals by Doe Run Peru workers, as a result of the complaints made about the contamination." AIDA and APRODEH express their satisfaction with the presentation of the case before the Court and reiterate their commitment to the victims of La Oroya, to the defense of human rights, and the right to a healthy environment. press contacts: Victor Quintanilla (Mexico), AIDA, [email protected], +525570522107 Christian Huaylinos Camacuari (Peru), APRODEH, [email protected], +51959789232  

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