Press Release

Indigenous Rights, Mining

Mexico’s Federal Mining Law threatens human rights of indigenous peoples

International civil society organizations submitted amicus curiae briefs to the Mexican Supreme Court in support of the State of Puebla-based Masewal people’s constitutional action.Groups also delivered to the Court’s Second Chamber more than 4,000 signatures supporting the defense of indigenous people’s rights, collected through www.change.org.mx International civil society organizations are supporting a lawsuit filed by the Masewal indigenous people of Cuetzalan del Progreso, based in the Sierra Norte of the Mexican state of Puebla, against Mexico’s Mining Law. The Masewal request that the Supreme Court of Justice of the Nation (SCJN) declare the law unconstitutional because it violates indigenous peoples’ fundamental rights. Earthjustice, the Environmental Defender Law Center (EDLC) and the Interamerican Association for Environmental Defense (AIDA) filed separate amicus curiae (“friend of the court”) briefs to provide information in order to help the SCJN rule on litigation initiated by the Altepetajpianij Maseual Council and the Mexican Center for Environmental Law (CEMDA). The constitutional suit, originally filed in March 2015, argues that Mexico adopted the new Mining Law in violation of indigenous rights by not previously consulting or informing indigenous peoples before passing the law. As a result, the law failed to take into account indigenous values or perspectives and contained no mechanism to protect their human rights, even though many mining concessions already affect their territories. Above all, this law violates indigenous peoples’ rights to self-determination by excluding them from decision-making on mining within their territories, thus threatening local communities’ quality of life. “As the First Peoples, we are convinced that, in order to have a good life –Yeknemilis, as we say in Nahuatl– it is necessary that we be well and have social peace. And we cannot be well, nor can we build social peace in our territories, when extractive projects such as destructive mining threaten our way of life,” the Masewal people told SCJN justices in their brief. “Our contribution presented in our amicus brief highlights that Mexico’s international obligations require free, prior, and informed consultations with indigenous peoples before approving any legislative measure that affects them, especially when it comes to their territorial rights,” said Guillermo Zúñiga, Earthjustice international attorney.  “This also includes laws on the extraction of natural resources found in their territories, which applies directly to the case of the Mining Law.” “Mining concessions cannot be granted solely based on mining legislation. A higher-level legal framework, based on human rights and environmental law, and on the interrelation between the two issues, is must be applied in this case. This broader, legal framework determines and limits the granting of mining titles in the case of lands and territories,” says EDLC in its amicus’ conclusions. "Mexico’s Supreme Court of Justice of the Nation has the opportunity to set an exemplary precedent for the region with respect to the protection of indigenous rights," said attorney Carlos Lozano Acosta of AIDA. "In turn, the SCJN can learn from regional experience, adopting the relevant standards that courts in other countries have provided in favor of indigenous peoples, as evidenced in our amicus brief." Letters of support from other indigenous groups in Mexico, Colombia, Brazil, Bolivia, and Guatemala, as well as 4,091 signatures collected through the platform change.org.mx as of June 26, were sent to the Ministers of the SCJN’s Second Chamber supporting the Masewal People's suit. press contacts Ricardo Ruiz (Mexico), CEMDA, 5559644162, [email protected] Victor Quintanilla (Mexico), AIDA, 5570522107, [email protected] Robert Valencia (US), Earthjustice, [email protected]  

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Indigenous Rights, Mining

Belo Sun project puts Amazon at serious risk of contamination

The Canadian company developing Belo Sun is failing to take sufficient measures to prevent a planned gold mine from contaminating groundwater and surface water sources. The company also plans to use large quantities of cyanide, a substance highly dangerous to the health of people and ecosystems. Altamira, Brazil. A technical evaluation concluded that a gold mine planned for the Volta Grande of the Xingu River, deep in the Brazilian Amazon, risks contaminating water sources and harming the area’s indigenous and riverine communities. A project of the Canadian company Belo Sun Mining Corp., the mine could leech contaminating fluids, and would employ high quantities of cyanide, as well as other chemical processes that could, unless properly implemented, cause acidic waste to reach aquifers and rivers. The analysis prepared by Andrés Ángel, geologist and scientific advisor to the Interamerican Association for Environmental Defense (AIDA), found inconsistencies in the information the company has published in the environmental licensing process. In the 2015 feasibility report presented to the project's investors, Ángel found that the company stated that the area’s soil and shallow rocks are impermeable, that is, contaminants cannot seep through them. However, in 2012 and 2016 environmental impact studies, Belo Sun shows the regulatory authorities data, descriptions and analyses that contradict what was said in 2015, going so far as to say that the aforementioned soils and rocks behave like porous or fractured aquifers. In recent studies, the general design of the project and the management measures proposed by the company, which do not even include installing liners to prevent leaching under certain structures, are insufficient to reduce the risk of surface and groundwater contamination, the expert explained. The evaluation also warns of the use of large quantities of cyanide as the method of choice for the separation of gold. It’s expected that between 330 and 390 grams per ton of processed material will be used, out of an estimated total of 116 million tons of ore. "Less polluting and dangerous alternatives exist, including the export of polymetallic concentrates where the separation of material of economic interest occurs later. In the Amazon rainforest, it would be essential to consider this option" says Ángel. The report also highlights that cyanide can be lethal even in very low doses for both aquatic fauna and people, and points out the risks of transporting this substance through low quality road and fluvial infrastructure. Another serious risk highlighted by the study is the generation of acid drainage as a result of the chemical process planned by the company to eliminate the cyanide used, and as a cumulative impact after the project's lifetime, taking into account that some units were classified as having moderate acid generation potential. Although an active treatment (the addition of lime to effluents) is proposed for this purpose, such a measure implies greater demand for reagents and, therefore, greater total environmental impacts. Finally, Ángel highlighted the lack of information on the synergistic impacts between the Belo Monte Dam—which already affects the area—and the downstream mining project in the reduced flow section of the Xingu River, which in turn will determine the type and extent of the mine's risks in the event of serious failures. The Brazilian justice system suspended Belo Sun’s installation license in 2017 because the company did not conduct studies on the mine's impact on indigenous communities or comply with the requirement for a free, prior and informed consultation process. Belo Sun submitted the studies of the indigenous component to the National Indian Foundation (FUNAI) in early 2020 and is awaiting an assessment and response from the entity. Ángel's assessment was presented to FUNAI and the Secretary of State for the Environment (SEMAS) of Pará, the entities responsible for granting licenses for the project. The expert opinion joins two others presented as part of a joint effort by independent researchers whose work explicitly demonstrates the unfeasibility of the Belo Sun project as it is currently conceived. The previous opinions focused on the negative impacts of the project on the ichthyofauna, and on the fragility of the environmental impact studies submitted by Belo Sun from a geological point of view. In addition to the independent researchers, several organizations have denounced the social and environmental unfeasibility of the project, including the Xingu+ Network, the Xingu Alive Forever Movement, Amazon Watch, the Socio-Environmental Institute (ISA), International Rivers, Above Ground and AIDA. Contacts Marina Terra (Brazil), ISA, [email protected] Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107  

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Toxic Pollution, Climate Change, Human Rights

COP25: Organizations call on governments to improve air quality and, with it, slow the climate crisis

In a public letter, environmental and social organizations from Latin America and around the world urge governments to limit short-lived climate pollutants in their international climate commitments, which must be submitted to the United Nations by March 2020. Madrid, Spain. Governments must include ambitious and measurable targets for the reduction of short-lived climate pollutants in their new climate commitments, more than 100 organizations said in an open letter presented today, on the occasion of Human Rights Day, at the twenty-fifth Conference of the Parties (COP25) to the United Nations Framework Convention on Climate Change. "Mitigating short-lived climate pollutants implies reducing global warming in the short term and, at the same time, advancing in the decontamination of our cities," said Javier Dávalos, coordinator of the Climate Change Program at the Interamerican Association for Environmental Defense (AIDA). These pollutants are sometimes called "super climate pollutants" because they contribute to the climate crisis with much more intensity than carbon dioxide (CO2). As their name indicates, they stay a relatively short time in the atmosphere—from days to decades—unlike CO2, which can remain for millennia. Short-lived climate pollutants include black carbon, methane, tropospheric ozone and hydrofluorocarbons. They degrade air quality, affect glacial areas, and reduce crop yields. Poor air quality is the world's most deadly environmental problem. Each year, more than four million people die from the health damages caused by air pollution. The benefit of reducing these harmful emissions has been backed by science. The United Nations Intergovernmental Panel on Climate Change (IPCC), which brings together experts on the subject, stressed that to tackle global warming we must incorporate the mitigation of non-CO2 pollutants, specifically black carbon and methane. In addition, more than 11,000 scientists from around the world noted that the early reduction of short-lived climate pollutants would reduce warming by more than 50 percent over the next several decades. "The coming update of Nationally Determined Contributions opens up the possibility of governments betting on the elimination of these pollutants and thus contributing effectively to the fight against climate change and poor air quality," said Florencia Ortúzar, AIDA attorney. The deadline for governments to update their contributions is March 2020. That’s why the signatory organizations have called for the inclusion of ambitious and measurable goals for the reduction of these short-lived climate pollutants, and for governments to detail how the targets will be implemented, monitored and reported in the new commitments before the United Nations. "The solutions needed to reduce and eliminate each of the four short-lived climate pollutants are not mysteries. They are known and have been proven. But we need governments to prioritize those solutions if we are going to be able to avoid the worst impacts of climate change," commented Amanda Maxwell, director of the Latin America Project for the Natural Resources Defense Council (NRDC). In addition to the open letter, the organizations have launched an online petition for the cause to be supported with signatures from individuals around the world. Both problems, the climate crisis and poor air quality, most severely affect the most vulnerable segments of the population, among them children, pregnant women and the elderly. Confronting poor air quality is a human rights issue.   Read the letter to governments. Read and sign the citizen petition. pRESS CONTACTS Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Fabiola Nuñez, NRDC, [email protected], +1 (646) 889-1405 Renata Assumpção (Brazil), Instituto Alana, [email protected] Ricardo Ruiz (Mexico), CEMDA, [email protected], +5215559644162  

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Large Dams, Accountability and Transparency, Human Rights

Inter-American Development Bank to investigate Ituango hydroelectric project

Washington D.C. In a historic decision, the Board of Executive Directors of the Inter-American Development Bank (IDB) approved an international investigation of the Bank’s private lending arm, IDB Invest, for its investment in the Ituango hydroelectric project. Located in the department of Antioquia, the Ituango dam has had a devastating impact on thousands of people across four departments and 27 municipalities in Colombia. The investigation’s main objective will be to determine whether—when financing this megaproject in a region of Colombia that continues to be affected by high levels of violence and resurgent armed conflict—the Bank complied with the social and environmental standards that it is obligated to uphold. The investigation will also examine whether any non-compliance by the Bank is connected to the serious harm that has been sustained by affected communities. “As those who have been affected by the Ituango dam, we demand that the investigation be rigorous and independent,” declared Isabel Zuleta, spokesperson for Movimiento Ríos Vivos in Colombia, which represents the affected communities. “For more than a decade, our communities have denounced the serious problems that the project has caused. These problems have been further exacerbated by the multiple emergencies that have occurred since 2018 and that continue to this day. We hope that, with this international investigation, the voices of victims and opponents of the project will finally be heard.” The investigation originated in a complaint filed by 477 people affected by the Ituango dam project. In the complaint, the affected communities—which are represented by Movimiento Ríos Vivos—emphasize that the Bank’s own policies require that the projects it finances must be sustainable, participatory, and in conformity with national legislation. In the case of the Ituango dam, none of this has happened. In the complaint, the communities indicate that the project lacked an adequate environmental impact assessment and that it did not allow for the participation of communities or provide access to information. They emphasize that the project has been advanced in a context marked by human rights violations, the disproportionate use of force, and increasing violence against people who defend their land and water. They also point out the pattern of discrimination faced by communities for deciding to oppose the project, as well as by women affected by the project. As the complaint lays out, all of this contradicts the social and environmental standards that the IDB must apply to its investments. Further, the complaint was filed in the wake of a humanitarian crisis that endangered the lives of thousands of people in the area surrounding the dam’s construction site. The crisis began after two of the dam’s diversion tunnels were blocked with cement, when a third tunnel became obstructed and the river’s flow increased dramatically. The resulting landslides and flooding forced thousands of people to be evacuated from their homes in a poorly planned, ad hoc manner, and many remain displaced to this day. No other development project in Colombia has caused a humanitarian crisis of this magnitude. This crisis reveals the inadequacy of both the impact assessment and the environmental regulation of the project, which—despite these deficiencies—was nevertheless approved. The state of emergency in the area affected by the crisis has yet to be lifted, and neither the government nor the regulatory agencies in Colombia have ruled out the possibility that the dam could collapse altogether. Even in this critical context, the affected communities sought to engage in a process of dialogue and dispute resolution with the company behind the dam project, which would have been facilitated by the IDB’s accountability mechanism. However, the company refused to participate in such a dialogue. For this reason, as the next step in the process following from the complaint, the accountability mechanism recommended this investigation. The communities affected by the Ituango dam, who live in the river basin of the Cauca River and its tributaries, are accompanied in the complaint process by the Center for International Environmental Law (CIEL), the Interamerican Association for Environmental Defense (AIDA), and International Accountability Project (IAP). The Ituango dam is expected to be the largest hydropower plant in Colombia, capable of generating 2,400 MW of electricity. Although the dam’s 79-kilometer-long reservoir was filled nearly two years ago, however, the dam has yet to generate any electricity. Moreover, the project has flooded 4,500 hectares without first removing the area’s vegetation, which is now generating large quantities of methane, a greenhouse gas. This flooding was undertaken even before the dam structure itself was completed and without informing, relocating, or compensating communities in the impacted area. IDB Invest has invested millions of dollars in the project and facilitated an additional billion-dollar investment in the project by other international banks. These investments have been maintained despite the grave crisis caused by the project. press contacts: Isabel Zuleta, Movimiento Ríos Vivos, [email protected] (Spanish only) Carla García Zendejas, Center for International Environmental Law, [email protected]                   Victor Quintanilla, Interamerican Association for Environmental Defense, [email protected]   Alexandre Sampaio, International Accountability Project, [email protected]   Note for editors: The investigation will be conducted by the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank. As an international accountability mechanism, the MICI addresses complaints from people and communities affected by IDB-funded development projects.  The investigation will be carried out within a maximum period of nine months, in light of the high complexity of the case. Among the aspects of the project that will be investigated are the following: Whether the area of influence was adequately assessed and the affected population properly identified; The heightened levels of conflict and insecurity in the area surrounding the dam, and its differentiated impacts on women; The participation of communities, which—in the opinion of the communities themselves—has been seriously lacking; The relationship between the project and the damage caused; The deficiencies in the project’s resettlement plans and supposed compensation; The assessment of the risk of disasters, and access to information about these risks.  

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Climate Change, Oceans

Ocean scientists and NGOs call time on government neglect of earth’s life support system

The Intergovernmental Panel on Climate Change (IPCC) Special Report on the Ocean and Crysophere in a Changing Climate reveals the extent of the crisis facing humanity as the ocean and its services begin to show signs of collapse. Although the ocean is inextricably linked with the climate, the two working together to make planet Earth habitable, this is the first time that the IPCC has turned its attention to the marine realm.  The resulting report conveys what marine scientists and NGOs have been saying for years, that the ocean is beginning to crumble under an onslaught of needless stressors from overfishing to pollution, compounded by climate breakdown. The effect of climate breakdown is the most serious, creating acidification, heating and deoxygenation. These three factors have been present in every mass extinction event in Earth’s history; all three are active in the ocean now. Professor Dan Laffoley of the IUCN World Commission on Protected Areas: “We are an ocean world, run and regulated by a single ocean and we are pushing that life support system to its very limits through heating, deoxygenation and acidification. We are well past 'wake up calls' - what we need now is enlightened self-interest to deliver the actions that protect the ocean and climate and which in turn protect and support humanity.” The timescales at work within the ocean mean that changes already put into its system – such as warming – will remain at work for hundreds of years, consequently, even with immediate action to curb temperature rise and cut CO2 emissions, ocean services to the planet could still be at risk. This is why it is so important that all extraneous stressors on the ocean which can be controlled, are.  Overfishing, pollution, destruction of habitats, ecosystems and biodiversity are all stressors which can be stopped to support the resilience of the ocean to withstand the climate crisis. Gladys Martínez, senior attorney of the Interamerican Association for Environmental Defense (AIDA): “The IPCC report makes it crystal clear that time is running out for ocean action. We have a small window of opportunity to achieve a strong High Seas Treaty by 2020 and to protect at least 30% of the ocean by 2030, two measures that will help defend the resilience of the ocean. The treaty is being negotiated before the United Nations and states must complete it by 2020, in line with the UN General Assembly resolution and demonstrating high ambitions.” Although the picture painted by the IPCC is undeniably bleak, there are measures which can be taken now to help bolster the resilience of the ocean and which governments need to finally and robustly take action on. State parties to the legally binding Convention on Biological Diversity will negotiate new targets to protect biodiversity at a meeting in 2020. The target for marine biodiversity should be to protect at least 30% of the ocean through implemented highly and fully protected areas, with the remaining 70% of the ocean sustainably managed. Bringing an end to overfishing and pollution in all its forms and preventing further biodiversity, ecosystem and habitat loss are essential measures within our reach. Tackling climate breakdown and holding warming at or as close to 1.5 degrees Celsius as possible is essential if the ecosystem services of the ocean are to survive. All states need to commit to new and more ambitious plans (NDCs) in 2020 to achieve this. Press contacts: Victor Quintanilla in Mexico - [email protected], +521 5570522107 Patricia Roy in Paris - [email protected], +34 696 905 907 Mirella von Lindenfels in London - [email protected], +44 7717 844 352 Karen Rausch in Santiago - [email protected], +56 967354769   Sophie Hulme in NYC - [email protected], +44 7973 712869  

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Large Dams

Inter-American Development Bank washes its hands of responsibility for dangerous Hidroituango dam and related human rights violations in Colombia

Fearing imminent collapse of the dam, communities in Antioquia, Colombia, have learned that the public lending arm of the Inter-American Development Bank (IDB) will not be investigated. Washington, DC — Last month, the Board and management of the Inter-American Development Bank (IDB) announced it would not approve an investigation of the Bank’s role in financing the construction of the controversial Ituango Hydroelectric Project (Hidroituango) in Colombia. The decision disregards allegations of acute and far-reaching harms caused by the project, including a humanitarian crisis that has displaced hundreds of families and caused human rights abuses, including assassination and intimidation of community members who oppose the project. The announcement comes more than a year after communities affected by the construction of the Hidroituango dam on the Cauca River in Antioquia, Colombia, filed a claim with the Independent Consultation and Investigation Mechanism (MICI). The claim, signed by more than 400 individuals affected by the dam, sought recourse from the MICI for the IDB’s alleged failure to comply with its own environmental and social safeguards. "We publicly denounce the IDB’s decision to evade its responsibility for the environmental damage and human rights violations resulting from the Hidroituango project, and we condemn the role of the MICI in facilitating and manifestly supporting this decision,2 remarked Isabel Zuleta, representative of Movimiento Ríos Vivos Antioquia. "It is unconscionable that the IDB is attempting to rewrite history by absolving itself from its responsibility for enabling and financing high-risk development projects that have extreme environmental impacts and blatantly violate human rights," added Zuleta. The IDB has two lending arms, one that invests in the public sector (the IDB) and another that invests in the private sector (IDB Invest). The MICI is the accountability mechanism of the bank, in charge of evaluating environmental and social compliance of the institution’s investments. The IDB initially invested in the Hidroituango project in 2012, which paved the way for and facilitated millions of dollars of additional investments from the IDB, as well as an additional billion from other international banks. The MICI, whose mandate is to provide accountability for harms caused by IDB investments, recommended no investigation of the IDB’s role in the project. Despite the decision not to review the IDB’s compliance, the MICI could continue its investigation regarding IDB Invest’s investment in the Hidroituango project. However this will depend completely on approval by the Bank’s Board. Before the dam was approved, communities warned of precisely the environmental and social impacts that have occurred. "For an institution that seeks to improve the lives of people in Latin America, the IDB’s decision is absurd, irresponsible, and disrespectful. It exemplifies a complete disregard for people living within the Cauca River Basin. Unfortunately, this disregard too often characterizes the IDB’s engagement in large-scale infrastructure projects throughout the region," said Alexandre Andrade Sampaio of International Accountability Project. "What is the value of environmental and social policies at the IDB, when they are ignored and dismissed precisely when they are most needed to protect people’s lives? This lack of accountability is unacceptable, and it demonstrates why communities affected by the actions of development banks have found it necessary to resort to the courts to secure their rights," remarked Carla García Zendejas, Senior Attorney at the Center for International Environmental Law (CIEL), in reference to the recent US Supreme Court decision in Jam v. IFC, which recognized that international organizations such as the IDB are not immune from litigation in US courts. "This decision exemplifies the perils of an accountability mechanism that lacks the independence and legitimacy to initiate and carry out a genuine investigation of a bank’s projects," added García Zendejas. "Since day one, the Hidroituango project carried out a weak impact assessment, inaccurate surveys of affected people and deficient environmental implementation and monitoring, but the IDB has continued to invest in it," sustained Carlos Lozano, Senior Attorney at the Interamerican Association for Environmental Defense (AIDA). "The project was approved and is under construction without having previously carried out an evaluation of alternatives," he pointed out. Members of Movimiento Ríos Vivos Antioquia, who represent affected communities in the complaint, continue to receive ongoing threats and suffer intimidation, homicides, and other forms of violence. The IDB has shown its disregard for the volatile situation surrounding Hidroituango, including the continued presence of paramilitary groups in the area. The IDB has also ignored community requests to delay dam construction to exhume mass graves from the armed conflict in the area affected by the dam. Press Contacts: Isabel Zuleta, Movimiento Ríos Vivos Antioquia, +57 3217347264, [email protected] (Spanish) Carla Garcia Zendejas, Center for International Law, +1 202 374 2550, [email protected] Alexandre Andrade Sampaio, International Accountability Project, [email protected] Carlos Lozano Acosta, Interamerican Association for Environmental Defense, [email protected] Note for editors: The Ituango hydroelectric plant will be the largest in Colombia, with a 49-mile (79 km) reservoir that will flood a surface of 11,120 acres (4,500 hectares). The IDB Group has financed the project through various types of investment: initially $2 million in technical cooperation for the Colombian State in 2012 and then $550 million in direct investments in 2016 to Empresas Públicas de Medellín (EPM), the company in charge of the project. Additionally, the IDB manages a $1 billion dollar loan package, with funds from multiple institutional investors, including European banks. After a construction failure at the dam construction in May 2018, more than 25,000 people had to be evacuated from the area due to flooding, landslides, and avalanches. The humanitarian crisis has worsened dramatically: people have lost their property, livelihoods, and access to health and education services, which have always been meager in the area. Many people have been displaced and those who have stayed are not properly cared for. In addition, people who are members of Movimiento Ríos Vivos are discriminated against. There is a lack of food, people suffer from diseases, and shelters are deficient. People are pressured to return to risk areas and sign documents waiving their claims. In short, communities are facing a situation of systematic human rights violations as a result of the project.  

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Diversidad de especies de aves en Yum Balam, aréa natural protegida en México
Coral reefs, Oceans, Climate Change

Defend Yum Balam, a key ecosystem for biodiversity and the climate

AIDA presented an amicus brief demonstrating the importance of the protected area, as well as Mexico’s international environmental and human rights obligations to preserve it in the face of a 21,000-room hotel project that would imply significant damage to the site. Cancun, Mexico. The Interamerican Association for Environmental Defense (AIDA) presented a legal brief (Amicus Curiae) before the Seventh District Court of the State of Quintana Roo to defend the Yum Balam Flora and Fauna Protection Area, located in the north of the state. In 2018, when the site's Management Program was published, private and communal landowners filed several lawsuits against the program and the decree that created the protected area, arguing that it affected their rights to participation, property, and legality. Prior to the publication of the Management Program, the Advisory Council of the protected area received a report from a consultant who recommended the construction within Yum Balam of a mega tourism project that includes 21,000 hotel rooms, deeming it economically viable. "That viability is in doubt because each hotel room would generate changes in land use, population growth, loss of flora and fauna, and other irreversible damages to the ecological characteristics of the place," said Camilo Thompson, AIDA attorney. "What is at stake is Yum Balam’s contribution to the enjoyment of a healthy environment for present and future generations." The decree creating the protected area, which dates back to 1994, puts the public interest and regulation of natural environments that benefit the entire country above private interests. The Management Program is aimed at regulating the conservation and sustainable use of Yum Balam. The site is considered a Priority Wetland of International Importance under the Ramsar Convention. "According to a study, Yum Balam's mangroves and sea grasses prevent 38.5 million tons of carbon dioxide from escaping, equivalent to the greenhouse gas emissions of 9.4 million Mexican people," said Pilar Diez, Regional Director of the Mexican Center for Environmental Law (CEMDA-Southeast). In its 152 thousand hectares, the site also has reefs and coastal dunes. It is home to more than 90 percent of the endemic birds of the Yucatan Peninsula, sea turtles with special protection status, whale sharks, dolphins, and endangered terrestrial species like the jaguar. In fact, in the Maya language, Yum Balam means Señor Jaguar. "Our brief seeks to document the national and international importance of Yum Balam in the context of the climate crisis," Thompson added. "Betting on the development of tourism megaprojects is incompatible with the urgent task of confronting this crisis and achieving climate justice.” Both the United Nations Intergovernmental Panel on Climate Change (IPCC) and the Intergovernmental Platform for Science and Policy on Biodiversity and Ecosystem Services (IPBES) have been very firm about the current situation of ecosystem loss and the urgent actions that all countries must take in the face of the climate crisis. "We’ve documented the international legal framework under which the Mexican State is obliged to guarantee fundamental human rights, such as the right to a healthy environment," Thompson explained. "Mexico has the obligation to conserve its biodiversity, including coastal wetlands, forests, jungles and other ecosystems that regulate the climate and contribute to fishing and tourism." The Court's decision must reflect these obligations and uphold Yum Balam's protection. press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107  

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Indigenous Rights, Mining, Freshwater Sources

Communities request international support to save Bolivia’s Poopó and Uru Uru lakes

Local communities and organizations call on the Ramsar Convention to visit the lakes and issue recommendations for their preservation. The lakes are at grave risk from mining, river diversion and the climate crisis, threatening the subsistence of indigenous communities and the region’s unique plant and animal species. La Paz, Bolivia.  Local communities along with a coalition of organizations request that the Ramsar Convention, an intergovernmental treaty for the protection of wetlands, send an expert mission to evaluate the health of lakes Poopó and Uru Uru, and issue recommendations to the Bolivian government for the urgent recovery of these key ecosystems. “The Ramsar Convention’s specialized knowledge on wetlands can be of great use to save lakes Poopó and Uru Uru,” said Carlos Lozano Acosta, senior attorney with the Interamerican Association for Environmental Defense (AIDA). These lakes are an important source of water for the plants and animals of the Central-Eastern Bolivian highlands, particularly for several endemic and migratory bird species. Lake Poopó is the second largest lake in Bolivia, after the iconic Lake Titicaca. Together, the lakes host the largest number of flamingos in the Bolivian highlands and, quite possibly, in the entire high Andean region of South America. These highland ecosystems are also home to unique species such as the Titicaca grebe (Rollandia microptera), an endangered species of flightless bird. The lives and livelihoods of peasant and indigenous populations—including Quechua, Aymara, and Uru Murato communities—depend on the preservation of lakes Poopó and Uru Uru. The Uru Murato are known as the “people of water” due to their dependence on the lakes, and are among the oldest native indigenous communities in Bolivia. “It was precisely to preserve the lakes that, in 2002, the government registered Poopó and Uru Uru as wetlands of international importance under the Ramsar Convention,” explained Sergio Vásquez, director of the Andean Communication and Development Center (CENDA). “As such, we ask that Ramsar support the Bolivian government in the protection of these and other high Andean wetlands.” In December 2015, the water levels of Lake Poopó were reduced to such a degree that the body of water actually disappeared, in what is now considered one of the largest environmental catastrophes in the country. The causes were various: sedimentation produced by mining activity; the diversion of the lake’s tributary rivers; and natural phenomenon aggravated by the climate crisis. Although the lake’s levels have since increased in times of rain, the situation remains critical during the dry season. “We’re requesting that Ramsar experts identify measures to strengthen the surveillance and monitoring of these ecosystems,” said Angela Cuenca, of the Coordinated Collective for Socio-Environmental Actions (CASA Collective). “We’d also like them to recommend mitigation and restoration actions for the damages caused by mining activities.” The degradation of lakes Poopó and Uru Uru directly affects the wellbeing of the people who depend on them, causing harms to public health, particularly among women, girls and boys. The grave situation of the lakes forced the Uru Murato people, previously dedicated to fishing, to migrate for work in the mines, placing them among the region’s first climate refugees. “We indigenous and rural women live and feel the effects of pollution and the lake’s disappearance, because we are responsible for feeding and sustaining our families,” explained Margarita Aquino, from the National Network of Women Defenders of Mother Earth (RENAMAT). “These water sources are vital for our communities and for Mother Earth Press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107  

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Coral reefs

Resolution provides measures to protect corals in the Colombia Caribbean

Setting a positive precedent in Colombia and an important region of the Greater Caribbean, CORALINA has prohibited the fishing and commercialization of several species of herbivorous and omnivorous fish, a measure aimed at conserving the area’s coral reef ecosystems. San Andrés, Colombia. With the objective of conserving the coral reef and beach ecosystems of the Archipelago of San Andrés, Providencia and Santa Catalina, Colombia, the region’s autonomous corporation authority emitted a resolution prohibiting the capture and commercialization of several species of herbivorous and omnivorous fish. The waters around these Caribbean islands host the greatest marine and coastal biodiversity in Colombia, with more than 2,354 marine species registered to date. “This progress towards the conservation of corals and beaches occurs after a process of more than 20 years that included environmental education, research and monitoring,” said Nacor Bolaños, coordinator of protected areas for the Corporation for the Sustainable Development of the Archipelago of San Andrés, Providencia and Santa Catalina (CORALINA). “The need to protect parrotfish and other species of herbivorous and omnivorous fish was supported by artisanal fishermen themselves and by local communities, with whom we met.” The resolution issued by the decentralized public entity protects 14 species of parrotfish, four of surgeonfish, five of butterfly fish and six species of angelfish. It completely prohibits commercial, industrial, sport, or recreational fishing of these species. It also prohibits commercial fishing using harpoons and/or similar fishing gears. It also completely restricts their commercialization, possession and storage, as well as their transfer to other areas of the country. “The resolution is of great importance because it recognizes the benefits of corals for fishing, tourism, pharmaceutical resources, and protection against the impacts of the climate crisis,” said Maria José Gonzalez-Bernat, scientific advisor to AIDA. “It also recognizes the vital role several species of fish play in keeping these ecosystems healthy.” By feeding on algae that take away light and space from corals, herbivorous fish support the survival of these fragile environments. Numerous studies have demonstrated that parrotfish contribute to the growth of corals and the creation of sand for beaches. Some omnivorous species like angelfish also help to clean algae from corals. AIDA has supported CORALINA’s initiative since its inception, providing technical, scientific and legal information; and has advocated for the inclusion in the resolution of international and regional commitments that protect these fish. The Archipelago of San Andrés, Providencia and Santa Catalina concentrates 77 percent of the surface coral areas of Colombia and houses the third largest coral reef in the world. The area was declared a UNESCO Biosphere Reserve in 2000, and borders eight nations of the Greater Caribbean: Venezuela, the Dominican Republic, Haiti, Jamaica, Honduras, Nicaragua, Costa Rica and Panama. Yet its coral coverage has deteriorated over time due to natural phenomenon and human activities, as have populations of herbivorous fish like the parrotfish. “In this sense, this regulation is an example for other countries with coral reefs along their coasts,” said Gonzalez-Bernat. “The resolution is based on scientific information and emphasizes the international legal framework that recommends the protection of corals and the fish that support their conservation.” Press contacts: Victor Quintanilla (Mexico), AIDA, [email protected], +52 155 70522107 Claudia Marcela Delgado (Colombia), CORALINA, [email protected], +57 313 8517300  

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Fracking

Colombia makes the right move by suspending fracking project

Citing a recent court order, Colombia’s environmental authority has suspended the licensing process for a fracking project in the Middle Magdalena Valley. The decision represents an advance in the movement to stop fracking’s expansion in Latin America. Bogotá.  In an advance for the struggle against fracking’s expansion in Latin America, Colombia’s National Environmental Licensing Authority has suspended the licensing process for a fracking project in the Middle Magdalena Valley. With this decision, Colombia joins a growing list of communities, municipalities, and regions across Latin America and the world who have made progress to stop the expansion of fracking in their territories, many through the enactment of bans or moratoriums. "The Environmental Authority’s decision is a positive example for nations across Latin America and the world,” said Astrid Puentes Riaño, co-executive director of AIDA. “It’s the result of an admirable civic movement and of the use of the precautionary principle as a tool to protect human health and ecosystems, and to confront the climate crisis.” The decision to halt the process for Ecopetrol’s "APE Guane A” project is founded on the State Council’s suspension, in November 2018, of the regulatory framework for fracking in the country, citing the precautionary principle. The Interamerican Association for Environmental Defense (AIDA) supports the Council’s decision and considers the Environmental Authority’s enactment of that order to be a step in the right direction. “In the absence of existing regulations on fracking, in Colombia we have a judicial moratorium. This implies that no project may be implemented that seeks to exploit unconventional oil and gas deposits using this technique,” explained Juana Hofman, AIDA attorney. “All activities aimed at the development of fracking activities must be suspended.” In its decision, the Environmental Authority states: “… The temporary suspension of the aforementioned provisions translates to those provisions being temporarily outside the legal system, which consequently means that this Environmental Authority does not have technical regulations that allow it to verify the management measures that should be included in the Environmental Impact Study, to be analyzed within the environmental assessment procedure, and thus could not determine whether or not the granting of the environmental license required for new projects in unconventional deposits was viable.” The suspended project involves the use of hydraulic fracturing in a boggy complex located between the municipalities of Barrancabermeja and Puerto Wilches in Northeast Colombia. Fracking, or hydraulic fracturing, is an extractive technique that proves incredibly damaging for water, air quality, human health and the climate. It emits methane, a pollutant strongly associated with global warming. Due to its negative impacts on the environment and public health, fracking has been prohibited by judicial or legislative means in many municipalities, regions and nations around the world, such as Scotland, the state of New York (USA), and the province of Quebec (Canada). Global efforts to stop fracking’s expansion have largely been citizen-led and driven by concerns for the risks fracking poses to the climate, environment and public health. The Alliance for a Colombia Free from Fracking has been steadfast in their commitment to stopping fracking’s advance in Colombia, and should be congratulated for this important advance. AIDA urges the Colombian government to continue down the path of prevention and to comply with its international environmental obligations to confront the climate crisis, and to protect its land, water and communities. We urge the government to deny authorizations for fracking operations in Colombia. “Fracking is a procedure that furthers us from our climate goals, and from the energy path that all nations should be targeting” Puentes Riaño said. “Decisions like these are an invitation to seek out renewable energies that are better for our planet and our communities, not only in Colombia but around the world.” Press Contacts: Carlos Lozano Acosta (Colombia), AIDA, [email protected], +57 (300) 564 0282 Juana Hofman (Colombia), AIDA, [email protected], +57 (310) 884 6715  

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