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Strengthening Protections Through the UN Human Rights System
We see it time and again. Industries spew toxic pollutants into the air. Fracking fouls water with poisonous chemicals. Large dams flood people out of their villages. Mines ruin farmland. People lose their health, their jobs, their access to water, even their homes. All of these events violate basic human rights protected by international law.
Enforcing human rights law provides another effective strategy for targeting problems caused by environmental degradation. The United Nations Human Rights System offers several mechanisms that AIDA uses to protect human rights—including the right to a healthy environment—in Latin America.
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Belo Monte Dam controversy to be part of UN’s Review of Brazil’s Human Rights Record
Geneva, Switzerland. On May 25, the United Nations will examine the Brazilian government’s track record for human rights during its Universal Periodic Review (UPR) in Geneva, Switzerland. Central to this debate will be the multiple claims of human rights violations surrounding the construction of the Belo Monte Hydroelectric dam, slated for the Xingu River in Brazil. Many Brazilian and international groups have already sent extensive documentation to the UN highlighting the human rights violations suffered by the indigenous and rural communities in the dam’s path. The UN High Commissioner for Human Rights will present information from these and other reports as part of the review or the Brazilian government’s performance on its human rights obligations. Key to the controversy over the dam will be the lack of compliance with an April 2011 resolution from the Inter-American Commission on Human Rights (IACHR), an international human rights body of the Organization of American States. The Commission requested that the government halt the project and take steps to protect indigenous communities, including un-contacted tribes in voluntary isolation. Up until now, the Brazilian government has refused to either implement the IACHR’s resolution or dialogue with affected communities in the case. Two civil society reports sent by a coalition of Brazilian and international groups last November highlighted these and other problems with Brazil’s contentious hydroelectric project. The report concludes that the government did not consult with affected communities nor obtain their free, prior, and informed consent, as required by international human rights law. It also documents violations to the rights to life and health, and the possible forced displacement of nearly 40 thousand families. The two reports form part of a growing body of allegations regarding human rights violations related to the Brazilian government’s plans to push the construction of large dams in the Amazon region. “We hope that as a result of the UPR, the Brazilian government will take a hard look at the damage that its energy and hydropower policies are causing for the rights of indigenous and traditional peoples,” stated Astrid Puentes, Co-director of the Interamerican Association for Environmental Defense (AIDA), which co-authored the reports. “Brazil has a great opportunity to change its development model toward one that is truly sustainable and respects human rights.” According to Andressa Caldas, Director of the Brazilian human rights NGO, Global Justice, Belo Monte is now synonymous with violations of indigenous peoples’ rights and environmental irresponsibility. “The Brazilian government will have to respond to these allegations and is already expanding its delegation for the UPR with experts specifically to defend the Belo Monte dam. But there is no way to justify such an absurd project.” What is the UPR? The Universal Periodic Review is a proceeding in which all UN nations are reviewed every four years by the UN Human Rights Council, which is made up of representatives from different countries. During the process each country is given the opportunity to demonstrate the steps it has taken to improve the human rights situation and meet its obligations under international law.
Read moreColombian Ministry of Mines announces wetlands protection from open pit mining
Bogotá, Colombia – Colombia has signaled it will halt construction of one of the world’s largest open-pit gold and other metals mine. In a surprisingly bold step March 17, Colombia’s Minister of Mines Carlos Rodado announced “Pursuant to Colombian law, mining projects cannot be developed in wetlands areas.” If enforced, this would prevent construction of the massive Angostura mine in the Santander department, on the Santurban paramo. "This is an important step in fulfilling Colombia’s obligations to its constitution and international wetlands protections,” said Natalia Jiménez Galindo, AIDA's legal adviser in Bogotá. “The State should refrain from approving any phase of the Angostura project, including any additional infrastructure." If built, the Angostura mine would jeopardize the Santurban paramo, a sensitive high-altitude wetland that supply freshwater to more than 1 million people in nearby communities. In collaboration with various partners, AIDA has advocated for the protection of the paramo ecosystems against mining and provided related legal advice to organizations and sending to the authorities an analysis on the international law applicable. “We applaud the Ministry of Mines for recognizing the prohibition against mining in paramos and we expect this will be reflected in an official decision” said Astrid Puentes Co- Director of AIDA. “This will send a strong message from the Government that it is truly interested in protecting paramos and making a difference in climate change”. AIDA calls upon the Colombian government to formally reject the entire Angostura mine project as proposed by Greystar Resources Corporation of Canada. This is the only decision consistent with the norms, the pronouncement by the Ministry of Mines and the Alexander von Humboldt Institute concept.
Read moreIndigenous and Riverbank Communities Call on the Inter-American Commission on Human Rights to Suspend the Massive Belo Monte Dam in the Brazilian Amazon
FOR IMMEDIATE RELEASE November 11, 2010 Media Contacts: Astrid Puentes, AIDA - +1 510 984 4610, [email protected] Andressa Caldas, Justiça Global: +55 21 2544 2320 / 21 8187 0794, [email protected] Renata Pinheiro, Xingu Alive Forever Movement: + 55 93 9172 9776, [email protected] Christian Poirier, Amazon Watch: +1 510-666-7565, [email protected] As the government prepares to issue the dam’s construction license, communities urge the Commission to denounce illegalities in licensing and violations of human rights Washington, D.C., Brazil- Today international and Brazilian human rights and environmental organizations submitted a formal petition to the Inter-American Commission on Human Rights (IACHR), denouncing grave and imminent violations upon the rights of indigenous and riverine communities that will be affected by the construction of Belo Monte Dam Complex on the Xingu River in the Brazilian Amazon. Signed by the Xingu Alive Forever Movement as well as the representatives of affected communities – the Conselho Indigenista Missionário (CIMI), Coordenação das Organizações Indígenas da Amazônia Brasileira (COIAB), Prelazia do Xingu, Sociedade Paraense de Direitos Humanos (SDDH), Justiça Global, and the Interamerican Association for Environmental Defense (AIDA) – with the support of over twenty organizations and social movements, the petition urgently calls on the Commission to adopt “precautionary measures” that would compel the Brazilian government to halt plans to build the dam, slated to be world’s 3rd largest. The petition documents the Brazilian government’s violation of international treaties, ignoring the fundamental rights of indigenous peoples from the lower Xingu Basin, including the Arroz Cru, Arara da Volta Grande, Juruna do Km 17 and Ramal pas Penas communities. It also highlights major threats posed by the Belo Monte Dam, including forced displacement of communities without insuring their free, prior and informed consent, threats to food security and access to drinking water. “The government claims that the Juruna will not be affected, but we do not believe this. We have not been consulted and we do not want the government to speak for us,” said Sheyla Juruna, member of a Juruna indigenous community that will be affected by Belo Monte. “We are against the Belo Monte Dam and we are committed to fight with our bodies and souls to defend our lives and the life of our river.” The IACHR petition comes on the same week as prosecutors from Brazil’s Federal Public Ministry (MPF) sent a document to Brazil’s environmental agency IBAMA advising that the agency not issue an installation license until the dam-building consortium Norte Energia can comply with an obligatory set of social and environmental conditions. Norte Energia and the Brazilian government have been pushing IBAMA to issue a “partial” installation license, which would allow the project to break ground without complying with legally binding conditions on the dam’s provisional license. Based on assessments from government agencies – like IBAMA [Brazil’s environmental agency] and the Federal Public Ministry – and those from groups of specialists, the organizations affirm that the construction of Belo Monte will increase illness and poverty, while causing a surge of disorderly migration to the region that will overload health, education, and public safety infrastructure. The petition concludes: "Despite the gravity and irreversibility of the impacts of the project to local communities, there were no appropriate measures taken to ensure the protection of human rights and the environment." “It worries us how the Brazilian government is ignoring national and international standards to accelerate this project, even at the expense of human rights and the environment,” affirmed Astrid Puentes Riaño, the co-Director of the Interamerican Association for Environmental Defense (AIDA). “Moving forward without taking precautions required by international norms will only result in human rights violations and the irreversible destruction of a critically important region of the Amazon.” In addition to calling attention to the illegalities and human rights violations associated with the Belo Monte Dam, the petition cites an important precedent, pointing out that in 2009 the IACHR implemented similar precautionary measures, leading to the suspension of the Chan-75 hydroelectric dam in Panama due to possible violations of indigenous communities’ rights. ### For more information on the Belo Monte Dam, visit: http://xingu-vivo.blogspot.com http://www.aida-americas.org http://www.internationalrivers.org http://amazonwatch.org /
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