Publications


Salinas Grandes, Argentina
Indigenous Rights, Mining

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 

Read more

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) 

Read more

Launa y frailejón en un páramo colombiano

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 

Read more

Freshwater Sources

The Transformative Water Pact

In March 2023, world leaders and stakeholders across sectors will gather in New York for the UN Water Conference, dedicated to address the global water crisis. From countless experiences of people around the globe, and supported by substantial scientific evidence, it is obvious that major changes are needed in the way we share and care for water. In the decades since the last UN Water Conference in 1977, water sources have been further exploited and polluted for the economic gains of a few. As a result, ecosystems have deteriorated and the majority of the world’s people have been left with too little and unsafe water to rely on.The Transformative Water Pact (TWP) was launched at the 2023 Conference and has been developed in response to the continued exploitation of nature, neglect of human rights and the extreme power-imbalances that characterize contemporary water governance throughout the world. It details an alternative vision of water governance based on the tenets of environmental justice, equality and care. The TWP spans two sections of key principles and a framework for action, that provide anchor-points and strategic priorities to guide decision-making for transformative change in water governance.The TWP was initiated by the Dutch environmental justice organization Both ENDS and the international water knowledge institute IHE-Delft. It was developed and authored by a diverse group of 40+ environmental justice advocates from civil society and academia, notably from the Global South, who work extensively on water-related issues throughout the world. It’s content was defined through a process of online round-tables and writing from December 2022 to February 2023. The TWP is a living document that can serve as a basis for further discussion and refinement.The TWP can be endorsed by any actor that supports the transformative principals and is committed to implementing the framework of action within their own area of expertise and sphere of influence, including Non Governmental Organizations (NGOs), policy-makers, academics, private sector actors, community groups and governmental organizations.   Download the document 

Read more

Open Letter from Civil Society Organizations to the President of the Inter-American Development Bank

The undersigned group of civil society organizations greet you as you begin your term as President of the Inter-American Development Bank. We extend to you our best wishes as you assume this task of great responsibility for the people of Latin America and the Caribbean.We take this opportunity to introduce ourselves and express our willingness to continue contributing to the Bank's actions pursuing the region's development. Since 2017, our organizations have been monitoring and making recommendations on the IDB policies and projects, in partnership with local communities and populations. In particular, we promote the Bank’s establishment of better social and environmental policies and practices, as well as adequate and transparent spaces for participation that allow improving the IDB's link and interaction with civil society. To mention just a few examples, we highlight our contributions to the Environmental and Social Policy Framework (ESPF), to the updates of the MICI policy and in the accompaniment of specific cases, and in the revision process of the Access to Information Policy and in the dialogues on the IDB-Amazon Initiative.In conjunction, we are permanently monitoring the Bank's policies and investments throughout the region, including in projects involved in the response to and recovery from the Covid pandemic and many others.We consider it essential that the Bank strengthen its practices and operations, facilitating the promotion and respect for human rights, with special attention paid to the needs of communities and indigenous peoples who are at the forefront in the defense of nature, as well as the protection of key ecosystems in the fight against climate change.Given the relevance of public participation in promoting full development, we reiterate our request to the Bank to generate constructive and lasting participation mechanisms. In particular, we request that the space for dialogue with civil society be reopened in the framework of the next IDB Annual Meetings. This space was a traditional practice that was interrupted in 2014 and has not been resumed to date.We understand that a space for IDB articulation with civil society (social organizations and movements, Indigenous groups, and others who are affected) is not only a good practice that other multilateral agencies are already implementing, but would also contribute to advance the objectives of your administration. As stated in your inaugural speech last January, you stressed your desire to "seize all opportunities for dialogue" and collaborate with different actors to address the most pressing problems of our region.Thus, your administration has an historic opportunity to generate greater openness towards civil society organizations and communities potentially affected by Bank-financed operations. We believe that this demand can no longer be postponed, and that this long-standing claim must be addressed in order to strengthen the work together with the peoples of the region.We remain at your disposal to discuss the points raised in this letter and other matters of common interest at your convenience. Kind regards, Accountability CounselAMATE El SalvadorArticulación Salvadoreña de Sociedad Salvadoreña de Sociedad Civil para la Incidencia en las Instituciones Financieras Internacionales (ASIFI)Asociación Ambiente y Sociedad (Environment and Society Association)Interamerican Association for the Defense of the Environment (AIDA)International Accountability ProjectBank Information CenterCenter for International Environmental Law (CIEL)Coalition for Human Rights In DevelopmentCohesión Comunitaria e Innovación Social A.C. (Mexico)Conectas Direitos HumanosDerecho, Ambiente y Recursos Naturales (DAR, Perú)Ecoa - Ecology and ActionFoundation for the Development of Sustainable Policies (Fundeps)CAUCE Foundation: Environmental Culture - Causa Ecologista (Argentina)Gender ActionInternational RiversMesa de Discapacidad y Derechos (Perú)International Platform against ImpunityProtection International MesoamericaSociedad y Discapacidad - SODIS (Perú)Sustentarse (Chile)Wetlands International / Fundacion Humedales (Argentina) Read and download the letter 

Read more

Climate Change

Governments of the world: Climate action is a legal duty

Climate action is a legal duty. After decades of empty promises, it is time for real action and accountability.Climate change is here now. Ecosystems are collapsing at an unprecedented rate. Vast regions of the world are becoming uninhabitable. Billions of people are facing the prospect of a dangerous and uncertain future. Extreme weather events have wreaked havoc across every continent this year alone. The “window of opportunity to secure a liveable and sustainable future for all” is closing fast.For decades, you have pledged to address the climate crisis. In successive treaties and decisions, you promised to slash greenhouse gas emissions. Just last year in Glasgow, you reaffirmed your commitment to limit global average temperature increase to 1.5°C and to ramp up mitigation ambition within the year. Yet countries’ latest global mitigation commitments show that we are completely off track. So far the vast majority of countries have not delivered on their commitment to strengthen their targets this year.We are on the precipice of the most serious intergenerational violation of human rights in history. But affected communities and those who stand with them are not giving up.We – lawyers and activists from across the globe – are standing with frontline communities to challenge your inadequate climate action. We have filed over 80 cases around the world to compel you to ramp-up your climate ambition: from the Netherlands to Nepal; from Canada to Colombia, from Belgium to Brazil, from Norway to New Zealand, from South Africa to South Korea.The law is on our side. Courts in dozens of countries have already recognized that you have a legal duty to address the climate crisis, and that this requires you to take more ambitious climate action. Cases have led to the adoption of new climate laws, stronger mitigation targets, and the closure of coal-fired power plants. The Intergovernmental Panel on Climate Change (IPCC) itself has recognised that climate litigation has the power to shape “the outcome and ambition of climate governance” towards aligning government action to best available science.COP27 is an opportunity for you to change course: to minimize the extent of suffering and human rights violations caused by your failure to address the crisis, and to live up to your legal obligations under domestic and international law.Governments of the world: your delay is costing lives. Strong action is needed now to protect people and the planet.If you continue to fail us, we will continue to turn to the courts to demand accountability.Signatories:Alana (Brazil), AIDA (Latin America and the Caribbean), Aurora (Sweden), The Australian Climate Case (Australia), Grata Fund (Australia), Phi Finney McDonald (Australia), Center for Environmental Rights (South Africa), Natural Justice (South Africa), Client Earth (Global), Climate Action Network Europe (Europe), Climate Case Ireland (Ireland), Ecojustice (Canada), Europäische Klimaklage (Austria), Germanwatch (Germany), Giudizio Universale (Italy), Rete Legalità per il Clima (Italy), A Sud (Italy), Global Legal Action Network (Global), Klimaatzak (Belgium), Klimatická (Czech Republic), Lawyers for Climate Action NZ (New Zealand), Lee Salmon Long (New Zealand), Notre Affaire à Tous (France), Adv. Padam Shrestha (Nepal), Plan B (UK), Protect the Planet (Germany), Russian Climate Case (Russia), Urgenda (Netherlands), Youth4ClimateAction (South Korea). Read and download the letter 

Read more

Environmental responsibility through supply chains

This report emphasizes the importance of binding legislation for companies to comply with environmental aspects as well as human rights throughout their supply chains.The document reviews environmental impact assessments as an instrument of due diligence and corporate responsibility in their supply chains. It examines the independent monitoring of impacts of business operations, and reflects on environmental guarantees and human rights for the legislative processes of due diligence.   Download the publication 

Read more

A Guide for GCF Watch Coordinators

A publication for coordinators of GCF Watch, a civil society initiative from the global South aimed at improving monitoring of the Green Climate Fund (GCF), the world's leading multilateral climate finance institution.   DOWNLOAD THE FULL GUIDEBasics of the Green Climate Fund (GCF)The Green Climate Fund (GCF) is the operating entity of the funding mechanism of the United Nations Framework Convention on Climate Change (UNFCCC). As such, it provides funding to developing countries for climate change mitigation and adaptation projects and programs.Read and downloadNational Designated Authorities and Green Climate Fund Focal PointsNational Designated Authorities (NDAs), Government institutions, and Focal Points (FPs) are responsible for all matters related to the Green Climate Fund (GCF) in developing countries. They represent the GCF and serve as a liaison or point of contact between the GCF and developing countries. Read and downloadFunding Proposals before the Green Climate FundProposals for project and program funding can be classified according to several criteria: type of access, public or private, amount of funds requested, and risk category.Read and downloadGuide to Reviewing a Funding Proposal before the Green Climate FundThe GCF Watch will consolidate all observations made by civil society before sending to the GCF Board. Your comments will be part of the message directly delivered to the Board!Read and downloadAccredited Entities before the Green Climate FundThe funding granted by the Green Climate Fund (GCF) is channeled through accredited entities (AEs), which are in charge of managing the resources and implementing the projects and programs. The AEs must ensure that projects and programs comply with GCF safeguards, as well as oversee compliance when implementation is the responsibility of executing entities.Read and downloadThe Independent Redress Mechanism (IRM)The Independent Redress Mechanism (IRM) was created to respond to complaints from individuals, groups or communities who feel that they have been adversely affected by projects or programs financed by the Green Climate Fund (GCF) due to non-compliance with its operational policies and procedures, including its environmental and social safeguards.Read and downloadGCF Watch: A Southern Civil Society-Led InitiativeThe platform aims to improve the monitoring of the operations of the GCF through collaboration between organizations working at the level of the GCF Board and organizations and communities in the region that are close to the territories where projects supported by the entity are implemented.Read and downloadGlossary of useful terms for monitoring the Green Climate FundRead and download 

Read more

Climate Change, Oceans

Fact Sheet: SPAW Protocol (Specially Protected Areas and Wildlife)

The Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region (Cartagena Convention) and its Protocol for Specially Protected Areas and Wildlife (SPAW Protocol) establishes that Contracting Parties have the obligation to regulate the protection of the vulnerable species and ecosystems of the region.The revised criteria for the nomination of species (1, 3, 4, 5, 6 and 10) determines the need to include essential species for vulnerable ecosystems - such as coral reefs, mangroves and seagrasses - in the species lists of Annexes II and III of the SPAW Protocol.The national or regional measures imply in a different way protection processes, biological monitoring of species, fishing recovery zones; analysis of catch data, health status of ecosystems, population dynamics and size; closed periods; and regulation of the capture, possession, transport, trade or total prohibition of the use of the species.In 2018, the Scientific and Technical Advisory Committee (STAC) prioritized the evaluation of herbivorous fish and currently the Species Working Group carries out the evaluation of parrotfish through the integration and analysis of scientific and regulatory data.Eleven of the 17 countries that have signed the Protocol have generated regulatory measures on herbivorous fish. Some regulatory experiences are in force, others are not, and there are those that came into force recently.   Download the Fact Sheet in EnglishDownload the Fact Sheet in SpanishDownload the Fact Sheet in French 

Read more