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Indigenous People of the Americas Have New Hope for Justice

By Astrid Puentes Riaño (text originally published in Animal Político) June 15 was a historic day. After 17 years of negotiations, the American Declaration on the Rights of Indigenous Peoples was approved. That’s cause for celebration. The Declaration brings advances on many fronts. It means States must commit to respecting the rights of indigenous peoples, including their rights to land, territory, and a healthy environment. It means respecting sustainable development. It recognizes that violence against indigenous women “prevents and nullifies the enjoyment of human rights and fundamental freedoms.” And it reinforces the rights of indigenous peoples to participation; to prior consultation; and to free, prior, and informed consent – particularly when they’re faced with harm to their territories.  The need for effective justice As the Organization of American States was approving the Declaration, activists held a Global Day of Action to call for justice for Berta Cáceres, the Honduran indigenous rights defender assassinated on March 3. These simultaneous events demonstrate the lack of effective justice in the region. Latin America yearns for justice, particularly with regard to human rights violations caused by extractive, energy, tourism, and infrastructure projects. The events also highlight the urgent need to put declarations and international obligations into practice. Berta’s death was foreshadowed. The Inter-American Commission on Human Rights asked the Honduran government to take precautionary measures to protect her life, which the government did not do. Two days after her death, the Commission also requested protective measures for the organization she led, the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH). Just days later, however, Nelson García, another of the organization’s members, was assassinated. The primary demand on the Global Day of Action was to create a commission of independent experts to investigate the murders and to help uncover the truth. The assassinations of Berta and Nelson are not exceptions. More than 100 people dedicated to protecting their lands, forests, and rivers have been murdered in Honduras since 2010. And it’s not only there. Brazil, Colombia, Nicaragua, and Peru are four of the five most violent countries in the world for environmental defenders (alongside the Philippines). 2015 has been widely recognized as “the worst year on record” for those who defend the Earth. Towards real development Berta dedicated her life to defending rivers. At the time of her death, she was working to save her people’s territory from being flooded by the Agua Zarca Dam on the Gualquarque River. Indigenous communities there have taken stands against more than 50 extractive and energy projects affecting their land, the majority of which violate national and international law. Her case has thrust into the spotlight the realities of development in Latin America. Although governments—with the help of international financial institutions, national banks, and foreign investors—promote extractive, energy, tourism, and infrastructure projects as essential to development and poverty alleviation, the reality is quite different. Systematically, these projects are built in violation of laws and without adequate planning or evaluation of impacts on the environment and human rights. Sustainable alternatives are rarely evaluated at all. In fact, many of the projects pushed through in Latin America would not be viable in developed countries, where better technologies and safeguards are the norm. Special Rapporteurs to the United Nations have been calling attention to this issue for years. The Inter-American Commission on Human Rights also recognized it in a recent report on extractive industries and their impacts on tribal and indigenous peoples. Unfortunately, the Commission is undergoing an unprecedented financial crisis because States aren’t making sufficient contributions. Some have delayed or withdrawn funding because of conflicts over the Commission’s rulings on extractive and energy projects in their territories. The clearest example can be found in Brazil, which reacted to the Commission’s call to suspend Belo Monte Dam construction by withdrawing its ambassador, initiating a thorough review of the Commission, and freezing financial contributions. Brazil has yet to re-establish a regular contribution to the body. Hope and opportunity For all these reasons, approval of the American Declaration on the Rights of Indigenous Peoples is encouraging news. It’s essential that the rights and obligations it contains be upheld immediately. Starting with Berta’s case, States must demonstrate their seriousness. They must show, through action, that they recognize the problems facing the region; that they’re reaching for truth and justice; and that they favor real development to uplift their people. Latin America has a historic opportunity. Governments can finally join the 21st Century by respecting the rule of law, practicing what they preach, and promoting development that cares for our natural resources and those who most intimately depend on them. 

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Press releases Mexico

NGOs call on Mexico to protect Mayan beekeeping communities affected by cultivation of genetically modified soy

The lives, health, and integrity of indigenous people are threatened by deforestation and contamination of their land caused by the cultivation of genetically modified soy. 

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Blog Colombia

Six Colombian Wetlands of Global Importance

Colombia is blessed with sweeping mountaintops, rich jungles, and rivers that curve through the heart of it all. The country has three mountain chains, fertile volcanic soils, half of the world’s páramos (high-altitude wetlands), an equatorial climate with constant high temperatures, the Amazon forest, and the waters of the Caribbean Sea and Pacific Ocean. Colombia is first in the world in diversity of birds and orchids, second in plants and amphibians, third in reptiles and palms, and fourth in mammals. To this I would add a long and diverse et cetera. Colombia’s environmental heritage includes six Wetlands of International Importance listed under the Ramsar Convention, a treaty that protects these environments. Their listing indicates their value not only for Colombia, but also for humanity. Where are they? Why are they important? What dangers do they face? 1. Ciénaga Grande de Santa Marta, Magdalena River Delta Estuary System. In the department of Magdalena, the Ciénaga Grande de Santa Marta is Colombia’s largest wetland lagoon. Here the fresh water of the Magdalena River mixes with the salty waters of the Caribbean Sea. It’s a refuge for both migratory and endemic birds. It’s in danger due to infrastructure projects including 27 kilometers of dikes, the burning and clearing of plant life, and drought. AIDA has worked with two Colombia universities to advocate for the protection of the Ciénaga before the Ramsar Secretriat. 2. Chingaza Wetlands System. The Chingaza system of lagoons and páramos hosts many species of endangered plants and animals, such as the spectacled bear and the frailejón, a succulent shrub in the sunflower family. It also serves as a refuge for migratory birds. According to the Humboldt Institute, the Chingaza páramo provides 80 percent of Bogotá’s drinking water. At AIDA, we advocate for the protection of the páramos, unique ecosystems that cover just 1.7 percent of Colombia’s continental territory but provide more than 70 percent of the nation’s drinking water. 3. Otún Lagoon Wetlands Complex. The Otún Lagoon Complex in Los Nevados National Park, in the Central Cordillera of the Colombian Andes, includes interconnected lakes, bogs, marshes, glaciers, and páramos. The area supports 52 species of birds, many of them endangered. The livestock industry, litter, forest fires, invasive species, and illegal tourism activities all threaten the area. 4.  Baudó River Delta. Originating in the Serranía del Baudó, the Baudó River runs 180 kilometers through the department of Chocó and empties into the Pacific Ocean. A relatively short river, the Baudó swells from the region’s abundant rains and flows powerfully into the Pacific. The river delta’s main threats include indiscriminate mangrove removal and overfishing. 5.  Estrella Fluvial del Inírida Wetlands Complex. This complex of wetlands occupies a transition zone between the Orinoco and Amazon regions, close to the sacred indigenous site of Cerro de Mavicure. According to the Ministry of Environment, the area is home to 903 species of plants, 200 species of mammals, and 40 species of amphibians. Critically endangered species, including otters, jaguars, and pink dolphins, struggle to survive there. These wetlands face threats from the illegal mining of coltan and gold, and the accompanying mercury discharge. The buffer zone also suffers from cultivation of drug crops, the livestock industry, and deforestation. 6. La Cocha Lagoon. In the indigenous language of Quechua, cocha means lagoon. In the Department of Nariño, 2,800 meters above sea level, sits Colombia’s second-largest lagoon. On its banks live fishermen, farmers, and descendants of the indigenous Quillacinga people. Tourists come to spot unique plant and animal species on the small island of La Corota. The livestock industry, intensive agriculture, deforestation, and erosion threaten the lagoon. Valuable Characteristics The Ramsar Convention protects these sites because of their fundamental role in both regulating water cycles and providing habitat for unique plants and animals, particularly aquatic birds. Ramsar also recognizes the wetlands as important sources of fresh water, which recharge aquifers. They even mitigate climate change. The Convention calls worldwide attention to these wetlands, which have “great economic, cultural, scientific and recreational value, whose loss would be irreparable.” Despite their tremendous value, Colombia’s wetlands face a growing number of threats: overexploitation, water loss, burning, deforestation, toxic contamination, large-scale mining, large-scale agriculture, roads that disrupt the natural water cycle, and climate change, among others. In recent years, they’ve been featured in some of Colombia’s most emblematic films, including El Abrazo de la Serpiente (Estrella Fluvial del Indira) and La Sirga (Cocha Lake). It is our moral and social duty—under international environmental law and the Ramsar Convention—to care for the delicate richness of the wetlands that we are so fortunate to have in our diverse little corner of South America. 

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Press releases Peru

Statement from AIDA and APRODEH on the International Arbitration Ruling in La Oroya

The Peruvian government must adequately address the environmental, public health and employment situation in La Oroya. 

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Press releases Colombia

AIDA condemns threats to environmental defenders in Tolima, Colombia

As a regional organization, we call on the Colombian government to immediately adopt measures to guarantee the life and integrity of at-risk activists. 

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Press releases Peru

Peru must find a comprehensive and sustainable solution for La Oroya

We call on the President-elect of Peru to take into account, in any assessment of or decision about La Oroya, the rights of the population affected by the city’s severe pollution. 

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Press releases Latin America

Statement on the murders of environmental defenders in Honduras and Brazil

Threats to, as well as the intimidation, harassment and murder of environmental defenders must stop now!

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Blog

Activist Deaths Demand Accountability

Last year 185 environmental activists were murdered world-wide, two-thirds from Latin America, according to Global Witness. Of the ten most dangerous countries in the world for environmental defenders, seven are in Latin America. The brave activists we lost were killed for resisting mines, dams, and other destructive industrial projects. Now, more than ever, we must demand accountability. For the loss to the environment, the loss of indigenous cultures, the loss of human rights. That just got harder. On May 23 the Inter-American Commission on Human Rights announced a severe financial crisis leading to “suspension of [scheduled] hearings and imminent layoff of nearly half of its staff.”  While the Commission has long been short on funds, this is the worst financial crisis it has ever seen. The Commission depends on funding from the Organization of American States (OAS), governments in the Americas and Europe, organizations, and foundations. Nearly all governments have decreased or failed to honor their financial commitments. The financial crisis demonstrates that our work, and the work of colleagues, communities, and movements, is having an impact. The Commission has produced important decisions in cases involving indigenous and community rights, land and environmental protection, and destructive development projects. For a few years countries have complained that the Commission is going beyond its mandate in cases involving development projects. But of course, when development projects violate human rights, they clearly fall within the purview of the Inter-American Human Rights System. The Belo Monte Dam case provides clear evidence that this manufactured crisis is a result of our effectiveness. In 2011 the Commission granted the precautionary measures our colleagues and we requested on behalf of affected indigenous communities. Brazil reacted by immediately withdrawing its ambassador to the OAS and by withholding funding for the rest of the year. A new ambassador did not return until 2015 and Brazil’s payments haven’t normalized since. In addition, after the precautionary measures were issued Brazil started an aggressive process to “reform” the Commission that ended by weakening its power. At AIDA we have analyzed how the crisis affects our cases before the Commission; how it affects future cases that need international attention; and how it affects human rights protection in the Americas. ​ Current cases will likely be delayed. Our case on toxic poisoning in La Oroya, Peru is already seriously delayed. The Commission has promised to release a report on the merits so the case can be taken to the next level, the Inter-American Court of Human Rights. We have been told the Commission will approve the report, which has been completed, this year—despite losing 40% of its staff. This remains to be seen. Of course, we have contacted the Commission and stressed the importance of advancing the case. Informally, some judges from the Inter-American Court have indicated their eagerness to receive the case. Processing the Belo Monte case has only just started, after pending four years at the Commission. Strong political pressure from Brazil will likely delay it further. But political pressure on Brazil and the Commission can help the case move faster. As Belo Monte is linked to the biggest corruption scandal in Brazil, maybe the Commission will understand how relevant it is to advance the case. We will continue advocating for priority processing. New cases require further evaluation. We plan to bring at least one new case to the Commission soon, because unless we meet a deadline in a few weeks, the statute of limitations will prevent its consideration. All domestic remedies have been pursued; the Commission represents the last chance for justice. Despite the uncertainties of the current situation, it is important to preserve our clients’ rights in case the Commission’s funding is brought back to an adequate level. In other cases, we are looking for different ways to achieve justice. For example, we are exploring more than ever the use of national courts and national authorities. In addition, we are looking for new ways to engage financial institutions to prevent funding of projects that harm the environment and human rights. We are working with other organizations to develop response strategies. One of our attorneys, Rodrigo Sales, a Brazilian lawyer, recently represented AIDA at the General Assembly of the OAS. He advocated for human rights solutions in the region, among other issues. We consider collaboration and cooperation among the human rights and environmental communities to be essential. We need to stand together, showing governments and the public that human rights and the Commission are of vital importance.  The financial crisis of the Commission—an international entity for hearing and resolving hemispheric human rights concerns—is an urgent issue that requires common understanding, thinking, strategizing, and acting. AIDA is working to make this happen.

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Blog Mexico

The love of nature, a lesson from father to daughter

By Aida Navarro, AIDA Communications and Human Resources Advisor On Father’s Day, I’d like to share the vision that my daughter Constanza has of her father. At AIDA we celebrate all the fathers who instill in their children a profound love for nature. We share your desire for all children to inherit a healthy planet on which environmental justice thrives. We also celebrate all the lawyers, like those on our team, who fight daily to defend the environment and human rights. We firmly believe that the love of our natural world begins in the cradle. I was barely a year old when my dad took me to one of the most magical places on Earth: Yellowstone National Park, the world’s first protected area. Nature and all the special creatures that live in it have enveloped my childhood ever since. When my teachers at school asked me what my father did for a living, I proudly told him that he is a defender of the planet. In his office, the walls are lined with photos of animals. My favorite is the white shark, which he took in a place called Guadalupe Island, where he’ll take me when I’m older. Every night I choose a book about sharks to read at bedtime. I already know the names of most species of sharks and I know what I must do to protect them. My dad Fernando says that being an environmental attorney is hard sometimes because he has to fight against people that do things to destroy the planet. Attorneys, he said, have to study a lot, know a lot of laws and use their brains to find ways to avoid damage to people and the environment. My mom knows a lot of lawyers who do the same work as my dad. She works with them in an organization that shares her name: AIDA. She helps them so that other people know what the organization does and can help them to defend nature. A Passing Dream I’m not sure if my memories of Yellowstone are real or if they’re all mixed up with photographs and the stories I’ve heard. I remember seeing a huge herd of buffalo out of the car window. They were so close I could smell them. I remember how patient my dad was when we was waiting to take a photo of a group of wolves that looked just like the tattoo on his arm. I can almost still smell the forest and hear the funny sounds that the squirrels make. I remember how amazing it was to discover, beneath the bark of trees, entire worlds so hidden from the gaze of us giants. Among so many other things, on that trip I learned to climb trees and throw stones, important skills for a young girl like me. I remember a mama bear with her two cubs crossing the road right in front of us. All of us in cars smiled an unforgettable smile and waited patiently for the animals to pass. My dad waited for me to grow a little bigger before he took me to meet the giants he had told me so much about: the grey whales. We drove for many hours. On the way, we stopped to walk among giant cactuses that grew up among the rocks. It was very hot and my dad told me about all the animals that lived in the desert. When we finally arrived to where we were going, we got on a small boat. We shouted with joy and excitement when a whale swam up and played with us as if we were a little toy boat in a bathtub. My dad held me tight in his arms as I stretched out to touch the whale. Her skin felt thick and airy, like those inflatable castles I love to jump in. I didn’t like it when the whale blew into my face; it smelled like fish! Living with Nature Even though he grew up in Mexico City, one of the biggest cities in the world, my parents chose to live in a much quieter place, on the Baja California peninsula. The view of the ocean delights every sunrise. We breathe clean air. In the mornings, my dad takes me to school down a long dirt road. On the way there, I like to greet a honey-colored horse that rests beneath a tree. At school, we have chickens and guinea pigs. We make compost, plant vegetables, run between trees and listen to birdsongs. It’s so much fun. When my dad travels, I miss him a lot, but I’m so happy that he’s out there saving the whales, dolphins and turtles. “Save so many dolphins,” I tell him when we talk on the phone. I imagine him as a super hero sailing in distant seas to rescue animals trapped in nets that fishermen forgot, or animals that would die from eating plastic they confused with food. I don’t want them to kill the animals. I think that when I’m older, I’ll be a veterinarian, or maybe a lawyer like my dad. That way I can defend the bears, sharks, trees and rivers; and also the children who have lost their homes to floods, or don’t have clean water to drink. Now that I’m almost five years old, I want my cake to have animals in danger of extinction on it... or maybe reptiles!  I have so many unforgettable memories of Yellowstone, and even more photos, but the best memory, the one that still floods his face with happiness, is that on this trip I learned to say, “dad.”

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Press releases Argentina

Victims of business-influenced human rights violations face obstacles to achieving justice

Organizations provided detailed information on this problem during a hearing before the Inter-American Commission on Human Rights (IACHR).

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