Publications
Cetaceans and salmon farming: Challenges for the conservation of marine biodiversity in Chilean Patagonia (executive summary)
In 2018, the environmental organizations Interamerican Association for Environmental Defense (AIDA), Greenpeace, and the NGO FIMA joined forces to confront the threat of the expansion of salmon farming in the southern waters of Chilean Patagonia. Since then, we have been actively working to expose and stop the impacts of intensive salmon production in pristine ecosystems, including special protected areas. In 2021, a scientific study of whale-ship interactions in Chilean Patagonia was published, including a video of a blue whale navigating a high-traffic area. According to the study, the world’s largest and most endangered mammal shares space with up to 870 vessels daily in Chilean Patagonia, one of its main feeding grounds. The study confirmed that 83% of the vessels were involved in the aquaculture industry.This finding shed light on a new facet of the environmental issues facing Chilean Patagonia, home to nearly 30% of the world’s cetacean species, including the endemic Chilean dolphin. This led us to commission a scientific report from a multidisciplinary team of experts to make the information publicly available. The results provided evidence of the impacts of salmon farming on cetaceans in Chilean Patagonia and highlighted the lack of studies and information needed to understand the magnitude and consequences of these impacts, as well as the true risk involved.In addition to complementing the efforts of civil society to demonstrate the urgency of halting the expansion of salmon farming in the country’s southern seas, we hope that this report will specifically draw attention to the real and potentially irreversible problem affecting these emblematic species. We also hope that the report’s recommendations will encourage the development of conservation measures for cetaceans, even in a context of insufficient knowledge, in accordance with the Precautionary Principle — recognized in the General Fisheries and Aquaculture Law, national legislation, and international law — which establishes the obligation to act in favor of environmental protection, even in the face of uncertainty. Finally, we hope that this report will motivate further research necessary to implement concrete and effective protective measures to make our waters a safe space for whales and dolphinsRead and download the executive summary
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Closure and Responsible Exit
A requirement for environmental and climate justice in Latin America No natural resource (material or energy) extraction project lasts forever. Its useful life is subject to many variables, including endogenous factors -such as the amount of resource reserves or the extraction rate- and exogenous factors -such as decisions to address the climate crisis, the decrease in demand, financial problems, etc.- that condition the moment in which the project must close or the moment in which an actor in its value and supply chain must leave. Regardless of the length of the project's useful life or how it may be affected, a responsible closure process with the natural environment and society must be contemplated, which must be desired and promoted by all the stakeholders involved.This issue is even more relevant in the context of the climate crisis we are experiencing, which makes it urgent to implement measures to manage it in the short, medium and long term. Many of the actions required to meet greenhouse gas (GHG) mitigation targets are related to energy transition, which implies, in general terms, at least two things: 1) the substitution of fossil fuel extraction and use projects and 2) the promotion of low-emission renewable energies, which are associated with mineral extraction. In both scenarios, closure and exit issues are of great importance.In both extraction and generation projects, the role of their promoters, whether public or private, is essential. Likewise, the obligation of supervision and oversight of the States is very important for the protection and guarantee of the rights of those who may be affected. On occasions, the responsibility of the exit includes other key actors that are part of the value and supply chains of the projects: investors, insurers, distributors and buyers, among others.In Latin America, there have been important advances in regulating aspects related to the authorization, start-up and implementation of mining and energy projects. In these phases, environmental principles such as prevention and precaution, as well as rights such as prior consultation and free, prior and informed consent, and access rights, have played a crucial role in determining the viability and progress of projects, as well as in protecting and guaranteeing the rights of communities in the region. However, experience has shown that there are significant challenges for the closure and exit processes to be responsible with the ecosystems and communities involved. Indeed, the lack of a closure process, as well as the lack of clarity about the obligations surrounding the social transition processes and overcoming the conditions of economic dependence, are complex obstacles that can exacerbate environmental and social impacts. This report arises from the idea of proposing approaches based on law and science to address the closure and responsible exit of projects. To this end, we at the Interamerican Association for Environmental Defense (AIDA), in the period 2022-2024, interviewed various stakeholders1 and systematized 12 cases that exemplify the problematic situation of multiple fossil fuel extraction, mineral and power generation projects, which are in the closure phase or in exit processes in different countries of the region. These cases highlight the current challenges and legal, technical and administrative gaps regarding closure and exit in specific contexts.With this publication, we seek to provide answers to the following questions: what is meant by project closure and exit, what is the basis for closure and exit obligations under international law, what should closure and exit look like, who should be involved in these processes, and how should the social, environmental, economic and human rights challenges and impacts that arise from them be addressed? Read and download the report
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Declaration for the protection of the páramos and montane forests of the Tropical Andes
The undersigned civil society organizations, gathered in the framework of the 16th meeting of the Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD) in Cali, Colombia: 1.URGE States Parties to the CBD to adopt domestic regulations and make international commitments to:recognize the crucial role of the páramos and the montane forest that protects them in global water regulation, mitigation and adaptation to the climate crisis, as well as in the conservation of biocultural diversity;protect the human rights, traditional knowledge and sustainable practices of indigenous peoples and peasant and traditional communities that inhabit the páramos and montane forest; andprohibit large-scale mining or similar practices in paramos and montane forests in terms of their socio-environmental impacts, in accordance with the principles of precaution and prevention. 2. REQUEST the States to include in their national biodiversity strategies and action plans indicators and monitoring mechanisms before the CBD that allow them to adequately measure and report compliance with the commitments they assume to advance in the conservation of these ecosystems under the terms of this declaration, as well as to guarantee the rights of the peoples and communities that inhabit them. 3. REQUIRE States and multilateral financial institutions to mobilize sufficient resources and technical capacities to guarantee the conservation of these ecosystems, as well as the protection of the indigenous peoples and peasant and traditional communities that inhabit them. We submit these requests to the States Parties to the CBD: Taking into account that there is a scientific consensus on the water regulatory power of the páramo and montane forest ecosystems[1] because they not only host endemic flora that captures freshwater from rain and fog, supplying it to the Andean cities located downstream; but also soils, lake and peatland systems that have a high concentration of organic matter and an enormous capacity to retain the liquid. In addition, the páramos wetlands are high Andean wetlands[2] under the protection of the Ramsar Convention on Wetlands of International Importance.Recognizing that páramos and their montane forests are fundamental in the carbon cycle; that due to low temperatures and the slow rate of decomposition of organic matter present in them, their soils, vegetation and wetlands capture and retain carbon dioxide (CO2)[3], contributing to climate change mitigation and adaptation and reducing the impact of meteorological events; and that these ecosystems are carbon sinks under the terms of the United Nations Framework Convention on Climate Change (UNFCCC).Reminding that, due to their biological and climatic characteristics, these ecosystems provide essential services for the population and contain biodiversity that is subject to special protection[4] and are home to endemic and native species of flora and fauna such as frailejones, pajonales, epiphytes, the chivito hummingbird, the Andean condor and the Andean bear, among others.Considering that the indigenous peoples and peasant and traditional communities of the region manage and protect the páramos and montane forests, ensure the preservation of common goods in their territories and are guardians of ancestral knowledge that is crucial for the conservation of biodiversity; that the integrity of the páramos is fundamental for the conservation of these ancestral practicess[5]; and that the páramos and montane forests are reserves of biocultural diversity within the framework of the CBD.Reiterating that the Intergovernmental Panel on Climate Change (IPCC)[6] warned of the impact of the climate crisis on páramos; and that they face other anthropogenic pressures such as fires, monocultures, livestock and invasive species[7].Warning that despite being strategic and sensitive ecosystems, deserving of the greatest protection, some of them are currently under strong pressure to develop large-scale mining projects, while others are at risk of being subject to mining concessions due to non-compliance with regulations and public policies that protect them or the lack of them.Bearing in mind that indigenous peoples and peasant and traditional communities have rejected these mining projects in their territories, even winning by majority vote "popular consultations" with which they have succeeded in defending the use of the land for traditional activities in their territories.Insisting that the removal of vegetation cover and the fragmentation of ecosystems generated by large-scale mining can affect the ecological balance, biocultural diversity and the provision of ecosystem services essential for life; acidify and reduce the amount of freshwater available for life systems; and break ecological and spiritual interconnectivity with other biomes and ecosystems, ending their capacity to capture carbon[8] and causing impacts in perpetuity.Following the warnings made by several UN rapporteurs and working groups on the negative impacts of mining on the environment and on human rights[9].Warning about certain dynamics recently employed by some mining companies in the countries of the region, particularly multinationals -such as the splitting of large mining titles, the change of exploitation method from surface to underground mining, as well as the formalization of small-scale miners in the area to outsource their activities by requesting multiple smaller areas-, which threaten to disguise large-scale mining processes with cumulative and synergistic environmental impacts on páramo ecosystems and montane forests that can be equal or more serious than those of a large-scale mining concession.Recalling that under the CBD States are required to: (i) monitor activities that have or are likely to have significant adverse effects on the conservation and sustainable use of biological diversity[10], such as mining; (ii) establish protected areas for biodiversity conservation[11] based on the traditional knowledge of indigenous peoples and peasant and traditional communities[12]; and (iii) adopt emergency measures when there are serious and imminent risks to biological diversity from natural or other events[13], such as risk from extractive activities. Signed byCentro Sociojurídico para la Defensa Territorial Siembra (Colombia)Colectivo Socio-Ambiental Juvenil de Cajamarca COSAJUCA (Colombia)Comité para la Defensa del Agua y el Páramo de Santurbán (Colombia)Consejo Territorial de Cabildos de la Sierra Nevada de Gonawindua CTC (Colombia)Corporación Ecológica y Cultural Penca de Sábila (Colombia)Movimiento Socioambiental Kumanday (Colombia)Natural Seeds Alliance (Colombia)Proyecto Dulcepamba (Ecuador)Acción Ecológica (Ecuador)Latinoamérica Sustentable (Ecuador)Unión de Defensores del Agua - UNAGUA (Ecuador)Federación de Organizaciones Indígenas y Campesinas del Azuay - FOA (Ecuador)Alianza de Organizaciones por los Derechos Humanos del Ecuador (Ecuador)Legal Defense Institute - IDL (Peru)Red Muqui (Perú)Red Internacional de Forestería Análoga - RIFA (Costa Rica)Mining Watch Canadá (Canada)Both ENDS (Netherlands)Redes del Agua Latinoamérica (Regional)Interamerican Association for Environmental Defense - AIDA (Regional)[1]Buytaert W. et al. Hidrología del páramo andino: propiedades, importancia y vulnerabilidad. Lovaina, U. de Lovaina, s.f.,, p. 10, 11, 23.[2] COP del Convenio de Ramsar, Resolución VIII.39. Los humedales altoandinos como sistemas estratégicos. Valencia, 2002.[3] Robert Hofstede et al. “Los páramos del Ecuador: Pasado, presente y futuro”, capítulo 12, págs 328 – 330, 2023[4] Robert Hofstede et al. págs 158 – 163, 2023.[5] IPBES (2018). The IPBES Regional Assessment Report on Biodiversity and Ecosystem Services for the Americas. Recuperado de: https://www.ipbes.net/assessment-reports/americas[6] IPCC (2013). Panel Intergubernamental de Cambio Climático, Quinto Informe de Evaluación, Recuperado de: http://www.ipcc.ch/home_languages_main_spanish.shtml[7] Ochoa-Tocachi et al., 2016, Tomado de IPBES (2018).[8] Madriñán, S., Cortés, A. J., & Richardson, J. E. (2013). Páramo is the world's fastest evolving and coolest biodiversity hotspot. Frontiers in genetics, 192.[9] Asamble General de la ONU, (i) Relatoría Especial sobre derechos humanos y sustancias y desechos peligrosos. Asamblea General de la ONU. A/HRC/51/35, 8 de julio de 2022, (ii) Relatoría Especial sobre el derecho humano a un medio ambiente limpio, saludable y sostenible. A/79/270, 2 de agosto de 2024, (iii) Grupo de Trabajo sobre la cuestión de los derechos humanos y las empresas transnacionales. Asamblea General de la ONU. A/78/155, 11 de julio de 2023.[10] Convenio sobre la Diversidad Biológica, Art. 7.C.[11] Ibid. Art. 8.C. CDB.[12] Ibid. Art. 8.J CDB.[13] Ibid. Art. 14.E. CDB.
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To defend the ocean's biodiversity is to defend human well-being
Statement by civil society organizations at COP16 of the Convention on Biological Diversity (CBD) The ocean is one of the world's main reserves of biodiversity, as well as a source of food, renewable energy and our main ally in combating the global climate crisis. Human populations, in addition to having their livelihoods in the ocean, maintain cultural connections around the ocean that define their past, present and future. However, this immense source of life continues to suffer increasingly significant damage and impacts, while efforts to protect and restore it are not increasing at the same rate.The intrinsic connection between ocean and climate itself embraces the balance of the planet. On the one hand, the ocean regulates weather patterns and, on the other, its characteristics are seriously altered by the climate crisis. The main indicators of these changes are the increase in temperature and sea level, acidification, deoxygenation, modifications in ocean currents, and a greater intensity of hurricanes and meteorological events. This affects marine biodiversity, causing the loss of particularly vulnerable species and habitat fragmentation. Coral bleaching associated with changes in climate, for example, alters the dynamics of many other species that depend on them, generating consequences for tourism, fisheries, climate resilience and biodiversity, as well as socioeconomic and cultural impacts.Overfishing puts commercial target species and coastal-marine ecosystems in general at risk. Some of the fishing practices of greatest concern are the extraction of vulnerable or endangered species; the non-compliance with or non-existence of closed fishing areas, the demarcation of fishing zones, permitted sizes and volumes; as well as the abandonment of fishing gear, which contributes to the problem of marine debris and causes the death of many animals that are trapped in them. Intensive aquaculture, such as salmon farming, directly destroys the marine ecosystem through contamination due to the constant incorporation of nutrients and the high use of antibiotics, producing anoxia and harmful algae blooms.Marine pollution from land-based sources continues to be a major stress factor for the marine environment and poses particularly serious problems in developing countries, where integrated waste management is extremely deficient. This has resulted in the introduction of polluting substances and materials into the ocean (untreated sewage, solid waste, including plastics, and agricultural runoff), causing changes in the quality conditions of the water column and sediments, often fatal to marine biodiversity and affecting human health.Likewise, maritime sources of pollutants require particular attention, as the ocean is the main means of transporting goods globally. Maritime traffic involves the transport of substances harmful to the marine environment - such as hydrocarbons, toxic chemicals, sewage, ballast water, garbage, and other hazardous substances - that are discharged into the sea in routine operational tasks and in maritime incidents. Hydrocarbons pose a particularly complex problem because they are not only transported as cargo but are also used to propel ships, thus representing a latent risk scenario with impacts on air quality due to atmospheric emissions of carbon dioxide, nitrogen oxides, sulfur oxides and methane, mainly in ships that use liquefied natural gas (LNG) for propulsion. In addition, the negative impact on marine fauna of collisions with ships and underwater noise from various sources cannot be ruled out; these factors still lack sufficient and effective public policies and regulations.Additionally, oil spills in the marine environment cause suffocation and intoxication of marine species, bioaccumulation of harmful substances, and even the functional destruction of important habitats. These impacts in turn affect relevant social and economic activities - such as shipping, fishing, tourism, and port activities - as well as endangering the health and the right to a healthy environment of coastal communities. Spills from offshore oil and gas exploration and exploitation are not adequately controlled and regulated by governments, being authorized activities in the vicinity of vulnerable areas such as coral reefs. These operations face serious limitations to prevent and provide timely response to spills with mitigation, restoration, and compensation actions for the damage caused. Environmental impacts from related activities, such as seismic exploration, dismantling of underwater infrastructures and platforms, and associated maritime traffic, are rarely evaluated.Finally, although there are no exploitation efforts yet, underwater mining poses risks that are impossible to assess in their magnitude, including habitat destruction, which could be irreversible, and species extinction. This is especially worrisome considering how little is known about the ecological and physicochemical dynamics in deep-sea and deep-sea ecosystems. The development of these intrusive activities - without having the technical and scientific base information that would allow us to objectively identify the potential impacts, as well as the possibility or not of preventing, mitigating or restoring damages - would doubtless cause the alteration of a highly sensitive and complex ecosystem.In consideration of the above - in our role as civil society organizations working for the protection and sustainable use of the ocean and for the defense of the right to a clean, healthy and sustainable environment - WE URGENTLY CALL ON THE STATES PARTY TO THE CONVENTION ON BIOLOGICAL DIVERSITY TO: Incorporate the ecosystem approach - which notes the interdependence between the atmosphere, land, and ocean - into their national biodiversity policies, strategies, and action plans, considering the provisions set forth in the Advisory Opinion of the International Tribunal on the Law of the Sea, which notes that anthropogenic greenhouse gas (GHG) emissions meet the definition of marine pollution under the UN Convention on the Law of the Sea. Use environmental impact and cumulative impact assessment tools to promote transparency and citizen participation with a gender focus and with emphasis on the consultation and consent processes of groups in vulnerable situations, such as indigenous peoples and local communities, so that the traditional and cultural knowledge that comes from the territories is included and valued to promote the implementation of projects and human development activities in a responsible and fair manner, weighing the right to a clean, healthy and sustainable environment over short-term economic benefits. Sign, ratify, and commit to the effective implementation of the Regional Agreement on Access to Information, Public Participation, and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) for these rights, and establish mechanisms for transparency and accountability in any environmental proceedings. Apply the precautionary principle in the absence of certainty or scientific information and recognize technical knowledge, science, and local wisdom as the basis for decision-making processes focused on the protection of the environment and biodiversity. Sign, ratify, and commit to the effective implementation of the Agreement on the Conservation and Sustainable Use of Biodiversity beyond National Jurisdiction (BBNJ Agreement), an instrument that will make it possible to advance in the protection of at least 2/3 of our planet. This will allow for: the equitable sharing of benefits derived from the use of marine genetic resources; the use of area-based management mechanisms, including the designation of marine protected areas; the development of environmental impact assessments prior to offshore activities; as well as capacity building and the transfer of marine technology for the benefit of the ocean. Continue to apply moratoriums on underwater mining activities based on the lack of sufficient technical and scientific information to foresee, prevent, control, and mitigate the potential impacts on the biological diversity of unknown ecosystems in deep waters and on the seabed. Sign, ratify, and commit to the effective implementation of the Agreement on Port State Measures (MERP Agreement) - to prevent, deter, and eliminate illegal, unreported, and unregulated fishing - as well as the Agreement on Fisheries Subsidies, to promote fishing practices that recognize the relevance of ocean sustainability. Strengthen and harmonize regulations on fishing and aquaculture, also advancing in their correct control, with the objective of ensuring the sustainability of these activities; avoiding illegal, unreported, and unregulated fishing; minimizing negative impacts on marine ecosystems and vulnerable species. Implement the Guidelines for Achieving Sustainability in Small-scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) in order to: recognize the contribution to the fishing economy of men and women working in all activities of the fisheries value chain; guarantee food security and the right to food; contribute to the development of communities engaged in this type of fishing; achieve sustainability of fishery resources; as well as promote culture and ancestral and traditional knowledge around fishing. Advance quickly and effectively in the process of negotiating a legally binding instrument on plastic pollution through the application of the circular economy model and responsible management throughout the entire cycle of these products. Plan mitigation and adaptation actions in the short-- and medium-term to address the effects of the climate crisis on the ocean and protect its carbon sinks through strategies and policies that contemplate the just and equitable energy transition in ocean-dependent sectors, in addition to the conservation and restoration of key ecosystems such as mangrove forests, seagrasses and coral reefs with a holistic and socio-ecological approach. The obligation of States Parties to the United Nations Framework Convention on Climate Change (UNFCCC) to submit updated Nationally Determined Contributions (NDCs) by 2025 is an opportunity to include, as climate commitments, measures aimed at mitigating impacts on the ocean and their restoration. These measures should not be limited to the creation of carbon markets in the ocean, but rather ensure the comprehensive protection of marine and coastal ecosystems, especially considering their fundamental role in climate regulation. Sign, ratify, and commit to the effective implementation of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention); prioritize the creation and application of national regulations on standards and permitted thresholds for the discharge of polluting substances into the sea, harmonized with international law, and based on follow-up and monitoring programs that respond to the dynamics of each country. Adopt relevant domestic measures to reduce anthropogenic pressures currently affecting coral reefs, slowing the processes that are causing their degradation and allowing coral cover to be maintained at minimum levels that guarantee their permanence and connectivity. These measures include: Regulating environmental impact studies and management plans for offshore hydrocarbon extractive and prospective activities and other activities carried out near coral reefs and areas sensitive to coral bleaching.Avoid authorizing offshore hydrocarbon exploration and exploitation activities near coral reefs.Regulate the transit of ships near marine protected areas and particularly sensitive marine zones in terms of ballast water pollution and other polluting technologies for the marine environment that may affect the state of coral reefs. This will also reduce the possibility of accidents and groundings. Guarantee the rights and meet the needs of coastal and island communities that live from fishing - especially artisanal fishing - and local tourism that are being affected by the climate crisis and environmental problems, seeking to protect them from the degradation of marine-coastal biodiversity. Increase governmental efforts to create and implement programs and activities for capacity building and transfer of marine technology to reduce the gaps between developing and developed countries. This will enable ocean protection to be embraced globally as a pathway to climate and environmental justice. Guarantee the financing of policies, programs, plans, studies, and regulations, ensuring the necessary budgetary allocations to safeguard and manage coastal-marine ecosystems. To this end, they should target the use of all available means within countries, as well as international climate finance funds, cooperation projects and multilateral instruments dedicated to addressing the climate crisis and the mechanisms that have been agreed upon in the framework of the UNFCCC and the Paris Agreement, including the Green Climate Fund (GCF), as well as available resources from the private sector. Similarly, blue finance mechanisms that benefit vulnerable groups and have a positive impact on ocean health should be prioritized. Effective protection of our ocean is not possible without the commitment of the States Parties to the Convention on Biological Diversity. We therefore call for action and the definition of urgent national and international interventions to strengthen ocean governance.The risks of ignoring the accelerating impacts are too great. It is time to prioritize the health of the ocean and with it our own health. Signatory organizations:Interamerican Association for Environmental Defense (AIDA).Mexican Center for Environmental Law (CEMDA)Center for Marine JusticeMesoamerican Reef Fund (MAR Fund)Cethus FoundationMarViva FoundationHealthy Reef Initiative (HRI)Coral Reef AllianceFoundation for Eco-development and Conservation (FUNDAECO)High Seas Alliance (HSA)
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Transition minerals: value chains and cirularity from a Latin American perspective
The global push for renewable energy to reduce climate-aggravating emissions has revealed how the environmental and social costs of mineral extraction fall disproportionately on local communities and ecosystems. The rush for so-called “critical” minerals exacerbates the very crises it seeks to help solve, worsening ecological degradation and perpetuating socio-economic injustice in the Global South. The circular economy allows the development of new economic and governance models to overcome the linearity of the international trade system. From a Latin American perspective, the circular economy must incorporate ecological parameters to ensure the maintenance of ecosystem services and the value of raw materials, while respecting the human rights of those who depend on the ecosystems from which these raw materials are extracted. AIDA is a pioneering regional organization that uses the law and science to protect the right to a healthy environment in Latin America. Focused on strengthening the just energy transition, AIDA's work includes an emphasis on value chains and circular economy models from a Latin American perspective. The race for lithium from the perspective of place Andean wetlands are a series of highly biodiverse ecosystems that provide multiple ecosystem services. However, these ecosystems are highly fragile and are currently threatened by the climate crisis, water crisis, and mining pressures, particularly regarding lithium. The Gran Atacama, located in the high Andean wetlands of Chile, Bolivia and Argentina, is estimated to contain approximately 68 percent of global lithium reserves, in the form of brine. As such, the mining industry has renamed this region to focus on one mineral, calling it the “lithium triangle.” The reality is that the area is much more complex than just its minerals. In the Gran Atacama, local communities and indigenous peoples depend on the stability of the ecosystem for their cultural, social and economic well-being. Economic activities there are linked to agriculture, industrial employment, bureaucratic services, and tourism. Sixty percent of lithium deposits are in areas of medium, high and extremely high-water risk. At least 30 ongoing lithium mining projects in various stages of development have been identified throughout the Gran Atacama. Public opinion in these three countries has demonstrated significant concerns about the lithium mining industry and the sustainability of these activities, particularly in relation to a history of mismanagement of environmental liabilities in the past. A circular economy perspective is essential for sustainability The current climate crisis is linked to the linear nature of our current economic system and its assumption of infinite natural resources. The history of large-scale mining activities in the Global South exemplifies this perspective. The circular economy could offer a solution to create a more sustainable value chain for raw minerals and enable a just energy transition that benefits all regions of the world. However, the following points must be considered: The drivers and barriers for creating a circular economy within mining processes may vary from region to region. Building a global circular economy for lithium needs to encompass the material extraction stage more comprehensively, not only through industrial circularity activities, but also from an ecosystem and human rights perspective. The loss of natural capital in lithium-exporting countries is a major concern, not only because of material extraction, but also because of its impact on ecosystems. In Latin America, non-renewable natural capital represents 3.2 percent of total wealth, while natural capital represents 10.9 percent. Intensive extraction without recognizing environmental and human rights concerns depletes natural wealth, some of which is already used by local populations. A circular economy for raw materials must balance the extraction of minerals with the preservation of ecosystems. Economic mechanisms must be found to prevent the replacement of natural capital with technological capital, to create a truly circular economy. Tariff inequality for critical minerals, including lithium, is widespread and results in an uneven distribution of economic benefits along the value chain of raw minerals. Market rules impose low tariffs on critical raw materials, while high tariffs are applied to technology and specialized labor, neglecting the added value of natural resources. This results in lost potential to generate further profits in subsequent stages of the value chain. Economic mechanisms are needed to support ecosystem conservation, proper management and economic valuation of nature, and to address the inherent inequality and linearity of the current economic system. A circular economy proposal from territories of extraction The lithium value chain is transnational, and each region involved has different actions to take to achieve a global circular economy. Circularity in mining areas depends on the conservation of ecosystems that contain lithium and other minerals. Since raw materials are extracted from these ecosystems, our mission is to preserve them and plan the use of non-renewable resources from an ecological perspective, respecting biophysical limits and human rights. In this regard, from the perspective of the extractive regions, the proposal can be related to: Strengthening the circular economy perspective in and from extractive regions and increasing knowledge sharing with other regions, both in the global North and South. Expanding the concept of a global circular economy for lithium to include an ecosystem perspective in extraction planning, rather than focusing solely on a supply and demand perspective. Appropriate valuation of both non-renewable resources and the ecosystems in which they are located, through the exploration of environmental taxation mechanisms that could be integrated into the mining sector to: Create clear market signals about the value of natural and non-renewable resources and reduce the demand for intensive extraction of raw materials. Generate revenues to ensure a fair share of directly affected communities through benefit-sharing mechanisms and to facilitate increased investment in technologies to advance the circular economy faster and more efficiently. Ensuring timely and adequate compensation for contamination. Developing proposals for economic models that incorporate the ecosystem services and materials used or affected during lithium production. For example, implementing specific carbon pricing for mining activities and strengthening legal mechanisms based on the “producer responsibility” and “the polluter pays” principles.
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The Manaus Declaration on Human Rights in the Climate Emergency
Indigenous Peoples, local communities, Afrodescendants, tribal and rural communities, children and adolescents, women, LGBTQI+, non-governmental organizations, platforms, institutions, and individuals urge the Court and States to adopt minimum standards for the protection of human rights in the context of the climate emergency, as elaborated during the public hearings of the Advisory Opinion, particularly the one held in Manaus, Brazil, from May 25-29, where communities, peoples and civil society of the region met in an unprecedented judicial setting.We notice that the overall balance, after more than 30 years of international discussions regarding the climate emergency, is regrettable, as there is no evidence of an effective commitment by States to avoid greenhouse gas (GHG) emissions, to grant reparations to those who have suffered climate damage, and to ensure that changes in their internal laws and policies, including economic policies, are compatible with the average global temperature limit set in the Paris Agreement.We highlight that several international courts, including the Inter-American Court of Human Rights, have the historic opportunity to formally clarify the human rights obligations of States in the context of the climate emergency through its advisory function, and in that sense, to set robust standards for the protection of rights based on current international standards relating to the protection those populations that have been historically excluded and discriminated against, and that are significantly more vulnerable to the climate emergency. Read and download the declaration
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Leading participatory monitoring processes for Green Climate Fund financed projects
The Green Climate Fund (GCF), a multilateral climate fund under the United Nations Framework Convention on Climate Change (UNFCCC), allocates funding for projects and programs aimed at reducing greenhouse gas emissions and building resilience to climate change impacts in developing countries. To date, the GCF board has approved 243 projects worldwide, committing 13.5 billion USD in total. Notably, approximately 26% of these projects and programs target Latin America.This financial mechanism has become a lynchpin of the climate finance architecture, challenging conventional approaches to international projects. It is governed by a board with equal representation from developed and developing countries (UNFCCC designations); robust environmental and social policies rooted in human rights; an indigenous people’s policy, backed by an advisory group that interfaces with the Secretariat and the Board; a stated preference for maximal information disclosure; a seat for active observers representing civil society organizations; strong ties to the UNFCCC and the Paris Agreement; and an explicit mandate to include a gender perspective. In fact, all approved projects and programs are required to integrate a Gender Action Plan (GAP). In addition, the GCF is mandated by its own policies to facilitate stakeholder participation mechanisms. These mechanisms encompass representation from diverse sectors, including the private sector, civil society organizations, vulnerable groups, women, and indigenous peoples.Though implementation of these safeguards and progressive policies is far from perfect, their existence lays the groundwork for stronger future implementation. Civil society, including feminist movements and organizations, engage with the GCF as a climate finance mechanism that should continue to be strengthened. The explicit analysis and commitment mandated for each project regarding social and gender considerations not only facilitate engagement but also uphold accountability.In late 2022, partner organizations of the Global Alliance for Green and Gender Action (GAGGA), including the International Analog Forestry Network (IAFN), Asociación Interamericana para la Defensa del Ambiente (Interamerican Association for Environmental Defense, AIDA), Fondo Centroamericano de Mujeres (Central American Women’s Fund, FCAM), Fondo Tierra Viva (Tierra Viva Fund) and Women’s Environment and Development Organization (WEDO), collectively launched a pilot initiative. The project aimed to facilitate participatory monitoring of the implementation of the project FP089 Upscaling climate resilience measures in the dry corridor agroecosystems of El Salvador (RECLIMA). 3 RECLIMA was approved by the Board of Directors of the GCF during its 21st meeting (B.21) in 2018. For the fieldwork, an alliance was formed with Unidad Ecológica Salvadoreña (Salvadorean Ecological Unit, UNES), a local ecofeminist NGO advocating for environmental and gender justice in El Salvador.The main objective of this project was to pioneer a participatory monitoring process for a GCF-funded project, with specific emphasis on gender equality. Each participating organization approached this collaborative initiative with genuine curiosity, eager to explore its feasibility and potential impact. There was also a collective commitment to openly share information about the process, results, challenges, and lessons learned. This report aims to summarize the outcomes of this exercise, providing an overview of the RECLIMA project and highlighting the importance of gender equality and participatory monitoring within climate projects; as well as sharing primary findings and key recommendations, tailored to GCF Accredited and Executing Entities. Read and download the report
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Lithium Fever: Indigenous Peoples’ Rights Under Attack in Jujuy, Argentina
International Fact-finding Mission Report (21-25 August 2023) Jujuy is one of the 23 autonomous provinces making up the federal state of the Argentine Republic. It is located in the north west of the country, bordering the Plurinational State of Bolivia and the Republic of Chile. According to the official census, it is one of the provinces with the highest percentage of indigenous population in the country.On 20 June 2023, the Jujuy Province approved the modification of 193 of the 212 articles of its Provincial Constitution,1 through a Constitutional Convention that was in session for less than a month.The constitutional reform was the subject of numerous and prolonged citizen protests. During and after its approval, different social sectors in Jujuy criticised the lack of citizen participation and the exclusion of indigenous peoples’ voices in the constitutional process. They also denounced provisions in the new Constitution, which severely restrict the right to protest and undermine the rights of indigenous peoples over their ancestral territories and water sources.Eight international civil society organisations with extensive experience in human rights and environmental rights carried out an international fact-finding mission to Jujuy from 21 to 25 August 2023. Members of the International Federation for Human Rights (FIDH),2 the Interamerican Association for Environmental Defense (AIDA), Brot für die Welt/Bread for the World, the Economic, Social and Cultural Rights Project (ProDESC), the Human Rights Law Centre (HRLC), the Centre for the Study of Law, Justice and Society (Dejusticia), Movement Law Lab (MLL) and the Global Network of Movement Lawyers (GNML) participated in this initiative.The objective of the international fact-finding mission was to document, through fieldwork and access to direct sources, potential violations of human and environmental rights that occurred in the context of the constitutional reform, including the repression and criminalisation of people who participated in and promoted protests against it. To this end, the mission interviewed civil society actors, representatives of indigenous peoples and provincial and national authorities. Meetings took place both in San Salvador de Jujuy, the provincial capital, and in rural communities located in the towns of La Quiaca, Salinas Grandes, Susques, Humahuaca, San Roque and Purmamarca.The international fact-finding mission acknowledges that the Provincial Government of Jujuy, as well as the National Government of the Argentine Republic, offered the necessary guarantees for the visit to take place and provided information on the human rights context, respecting the right to defend human rights. It is also grateful for the trust of the representatives and members of indigenous and rural communities and human rights and environmental defenders, who shared their testimonies with the mission. To all of them, we express our recognition and solidarity with their struggle for human rights.This report contains the main findings of the international mission, based on the field visit, the review of primary and secondary documentary sources and the processing of the information gathered during and after the visit to Jujuy, through interviews with more than one hundred people. Read and download the report
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Unmasking Canada Rights Violations Across Latin America (Executive Summary)
In the 4th cycle of Canada’s Universal Periodic Review (UPR), more than 50 civil society organizations and communities impacted by Canadian business conduct in Latin America and the Caribbean presented three reports that reveal troubling findings.Regional Report: Reveals the status of 37 projects in 9 countries in the region, involving 34 Canadian companies and consortiums. Most of these projects are in the extractive sector (27 mining and 8 oil) and two renewable energy projects (1 hydroelectric, 1 wind). In all of them, human rights have been violated and serious environmental impacts have been reported, impacting Indigenous, Afro-descendant, peasant and fishing communities.Amazon Report: Measures the impact of Canadian companies in the Amazon basin of Brazil, Ecuador, Colombia, and Peru. The report analyzes 12 extractive projects that impact fragile ecosystems and Indigenous communities, demonstrating that Canadian companies systematically violate impacted communities’ human rights and threaten the environment in a region with the greatest biodiversity in the world, which is a strategic space to confront the climate crisis.Oil Report: Assessing Canadian business conduct in eight oil projects in Colombia, Ecuador and Peru, the report reveals how the lack of protection mechanisms, access to justice, and comprehensive redress for impacted peoples and communities, requires Canada to recognize the interconnection between human rights and the environment, and take concrete measures to address the negative impacts of Canadian companies. This is not the first time that Canada has been denounced before the United Nations Universal System for the improper behavior of its companies abroad. During its third UPR, Canada received six recommendations that, despite committing to implementation, evidence presented by civil society in this cycle demonstrates the persistence of non-compliance with its extraterritorial obligations and lack of adequate measures to fulfill the responsibility to regulate the conduct of its companies. View and download the Regional Report (in Spanish)View and download the Amazon ReportView and download the Oil Report (in Spanish)
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Report of the International Mission to Colombia: Stop investor-state dispute settlement (ISDS)
In May 2023, a delegation of 13 representatives from social and environmental justice organisations from eight countries in the Americas and Europe visited Colombia to share experiences of struggles against the global investment protection regime. The mission also went to learn firsthand about the peoples and ecosystems being threatened by corporate lawsuits, as well as the environmental, social and cultural harms that transnational investments have already caused, particularly in the departments of La Guajira and Santander.The visit came in response to the significant rise in claims that transnational firms have made against the country in recent years, as highlighted in the Declaration “Recover Colombian Sovereignty in Defense of Water, Life and Territories”, signed by more than 280 organisations from 30 countries as well as 54 Colombian members of Congress. In the last five years, Colombia has faced some of the highest number of arbitration claims in Latin America. In 2018 alone, Colombia received more claims than any other country in the world.Colombia’s pending claims currently total US$13.2 billion – equivalent to 13% of the nation’s budget for 2023 and nearly equal to what Colombia plans to spend on education this year.According to the State National Agency for Legal Defense, as of March 2023, 14 arbitration processes were underway with eight more in the pre-arbitration stage. Colombia’s pending claims currently total US$13.2 billion (52 trillion Colombian pesos as of August 2023), although in three cases the amount claimed is not public. This is equivalent to 13% of the nation’s budget for 2023 and nearly equal to what Colombia plans to spend on education this year.The bulk of investors that have brought arbitration cases are involved in the extractive industries, especially mining.We witnessed how this system enables corporate impunity and threatens the realisation and defence of Colombians’ fundamental human and environmental rights. We also observed how this system interferes with judicial independence, environmental regulation, and national sovereignty. Read and download the report
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