Guatemala
Guatemala
Organisations demand justice in criminalization case against Rigoberto Juárez, ancestral authority and environmental and human rights defender of Guatemala
Organisations dedicated to the protection of human rights defenders, and national and international organisations working on the promotion and protection of human rights and indigenous peoples rights, express our concern over the criminalization process against Rigoberto Juárez, ancestral authority, environmental and human rights defender, and general coordinator of the Plurinational Ancestral Government of the Original Nations Mayas Akateka, Chuj, Q’anjob’al y Popti’. The judicial process against Rigoberto began in 2015 due to his role as a mediator and ancestral authority in a land conflict within the Q'anjob'al territory, specifically in the Ixquisis micro-region. This conflict arose from the indigenous Maya community's resistance to the poorly implemented and unconsulted hydroelectric projects by Energía y Renovación S.A., financed by BID Invest. The judicial process lacked an intercultural and differentiated approach. Additionally, the decisions made in the second instance and by the cassation court have ignored the factual and legal arguments presented by the defense regarding Rigoberto Juárez's role as an ancestral authority, which involved, at the community's request, assuming a mediator role in the high-conflict situation. From the perspective of the signing organizations, this judicial process has been used as a reprisal mechanism against the human rights defender’s legitimate human rights work. In particular, due to his crucial role in bringing visibility to, and reporting on, the Ixquisis case through a complaint submitted to the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank. Evidence of this can be found in the temporal overlaps of this process with crucial moments of the complaint filed with the MICI. In view of this concerning situation, we request judicial authorities to consider the arguments submitted by the legal defense of Rigoberto Juárez in the amparo action filed on 22 August and to make a decision that takes into account the specific guarantees of Rigoberto Juárez as an ancestral authority and as an environmental and human rights defender. Likewise, we call on international human rights institutions to urge the State of Guatemala to resolve the case of Rigoberto in accordance with their international obligations, and to prevent and address the serious trend of criminalization of indigenous authorities exercising their rights and responsibilities. Signed by: International Platform against Impunity Protection International Mesoamérica Interamerican Association for Environmental Defense (AIDA) Franciscans International Red Nacional por la Defensa de la Soberanía Alimentaria en Guatemala (REDSAG) Bank Information Center International Service for Human Rights Front Line Defenders NISGUA (Network in Solidarity with the People of Guatemala) ASERJUS P. Marco Tulio Recinos Torres. CPPS. Center for International Environmental Law (CIEL) María Eugenia Solís García Alba Cecilia del Rosario Mérida Piedrasanta press contact: Víctor Quintanilla (Mexico), AIDA, vquintanilla@aida-americas.org, +521 5570522107
Read moreIndigenous victory as development bank withdraws investment and drafts exit plan following rights violation in Guatemala
In a historic advance, the Inter-American Development Bank has designed a responsible exit plan to accompany their divestment from two controversial large dams in the Yichk'isis micro-region of Guatemala. Affected Mayan communities celebrate the decision, a response to their 2018 complaint, while acknowledging that the Bank has several challenges left to confront. Washington, DC, U.S.A. The Inter-American Development Bank (IDB) announced its decision to withdraw financing from the San Mateo and San Andrés hydroelectric projects, run by the company Energía y Renovación S.A. in the micro-region of Yichk'isis (Ixquisis) in northern Guatemala. The Bank designed a responsible exit and institutional strengthening plan to address the weaknesses the case revealed. The Bank’s decision stems from a complaint affected Mayan communities filed in 2018 before the IDB Group's Independent Consultation and Investigation Mechanism (MICI, for it’s Spanish initials). In resolving the complaint, the accountability office concluded that IDB Invest failed to comply with the bank’s operational policies and safeguards in the framework of project financing, and opened the possibility of a withdrawal of investment. "It’s an opportunity for the bank to take into account the lessons learned from the case: among them the relevance of understanding the local contexts of projects, the socio-cultural dynamics of the populations that will be directly affected, and the local perspective of development to determine the viability of the financing," says Liliana Avila, senior attorney of the Human Rights and Environment Program of the Interamerican Association for Environmental Defense (AIDA). "It is also an opportunity for the bank to strengthen the monitoring and supervision of the projects it supports in order to prevent non-compliance.” The divestment was finalized in October 2021, when IDB Invest and Energía y Renovación S.A. signed settlement agreements. Notably, this is the first time that the IDB Group, as a result of a complaint, has drawn up a plan to make its exit responsible. However, there are still challenges and pending issues that the financial institution must address in the process of exiting hydroelectric projects. "In order to prepare the responsible exit plan, IDB Invest must carry out consultation processes with the affected communities, which will largely define the plan's capacity to effectively address and offer viable solutions to the damages recognized in the MICI report, such as the increase in conflict, the lack of knowledge of the existence of indigenous peoples and their rights, the effects on ancestral cultural heritage, the differentiated impacts on women and the lack of prevention and consequent environmental degradation," said Carolina Juaneda, of the Bank Information Center. "If these issues are not addressed and included in the responsible exit plan, all this effort will not have been worthwhile since, ultimately, it will not lead to any improvement or reconstitution of living conditions for the affected people and the environment." The action plan proposed by the entity establishes that IDB Invest will create a transition plan translated into the native languages of the affected communities, as well as a gender-differentiated impact assessment, and an investment to promote financial inclusion and women's empowerment in the area. In addition, the plan contains actions to address MICI's recommendations for structural changes at the institutional level. In this regard, the bank plans to strengthen the environmental and social safeguards unit of IDB Invest in the area of indigenous peoples, as well as to establish a zero tolerance policy for gender-based violence, which will be included in the contractual conditions of operations approved by the bank. Existing protocols will include tools to follow up on acts of violence associated with projects financed by IDB Invest. Regarding the categorization of projects, an update will be made so that the internal supervision classification will be modified to a higher one when circumstances are identified that raise the risks and impacts of a project after its financing was approved. "The bank's responsibility in the investment process and in the non-compliance with its social and environmental safeguards is evident; therefore, it must promote during the exit process the effectiveness of the actions in a participatory manner, free of manipulation and in an inclusive manner with the community to reduce the risks of re-victimization and violation of the affected population," indicates Mara Bocaletti, Director of the International Platform against Impunity. "This experience is a first step to maximize the benefits in the territories so as to make amends for the damage caused." The communities submitted their complaint to MICI in August 2018 with the accompaniment of AIDA, the International Platform against Impunity and the Plurinational Ancestral Government of the Akateko, Chuj, Q'anjob'al and Popti' Native Nations. In it, they requested that IDB Invest withdraw its investment due to the damage that the implementation of the projects has caused to the environment, indigenous peoples and women of Ixquisis. In September 2021, the IDB Group Board of Directors approved the MICI report, which concluded that IDB Invest failed to comply with its own operational policies and safeguards for at least five reasons: 1) validating an inadequate characterization of the affected population, which denied the existence of indigenous peoples; 2) failing to verify the completion of an identification of gender-differentiated impacts on women; 3) failing to ensure that the client made an adequate identification and management of environmental impacts; 4) failing to ensure that the communities were properly informed and consulted; and 5) failing to carry out adequate monitoring of local conflict risks that could be generated in the area because of the projects. "The MICI report confirms that IDB Invest failed to comply with its policies, generating adverse impacts on the lives of the communities. The company Energía y Renovación did not act with due diligence in the framework of its operations and, on the contrary, has implemented strategies contrary to the respect of human rights. Currently, several indigenous authorities and human rights defenders are criminalized, making undeniable the continued risk for the communities," says Rigoberto Juárez, General Coordinator of the Plurinational Ancestral Government. "Given this evidence, it’s important that IDB Invest guarantee actions aimed at repairing the damages caused to the communities in the framework of the financing of these projects, and more strongly recognize its responsibility." press contacts: Victor Quintanilla (México), AIDA, vquintanilla@aida-americas.org, +521 5570522107 Camila Castellanos, Plataforma Internacional contra la Impunidad, info@plataformainternacional.org
Read moreThe day that the indigenous struggle bore fruit in Guatemala
September 22, 2021 will be an iconic date for the men and women of the micro-region of Yich K'isis (Ixquisis), Guatemala, whose lives were abruptly changed by the construction of the San Mateo and San Andres hydroelectric dams, financed by IDB Invest. On that day, the IDB Group's Independent Consultation and Investigation Mechanism (MICI) upheld most of their claims, contained in the complaint they filed three years ago. Their final report acknowledges that the bank failed to verify the information about the affected population provided by the company responsible for the projects, which ignored the presence of indigenous peoples in the area. It also points out the failure to consider the differentiated impacts that women would experience in any of the project implementation phases, overlooking the role that the local rivers play in their daily lives and in their ways of inhabiting the territory. On the environmental issue, essential to indigenous peoples' ways of life, MICI also establishes non-compliance, recognizing that "IDB Invest did not ensure that the projects properly identified and delimited critical habitats and internationally recognized zones, nor that risks and impacts were established." In terms of access to information for the communities, the bank "failed to comply with its own operational policies, as no meaningful consultation with the communities took place in the development of the projects," the document reads. The indigenous men and women of Ixquisis see the report as recognition of what they’ve been denouncing for years. Along with its conclusions, MICI also makes a series of recommendations aimed at correcting the mistakes made by the bank in the San Mateo and San Andres projects, as well as avoiding repeating them in other cases. In its last recommendation, the accountability mechanism establishes, for the first time in the IDB's history, the possibility for the bank to responsibly withdraw from projects it finances. For the communities of Ixquisis, this recommendation represents the best hope for the restoration of their lives, abruptly transformed by the arrival of the projects. Indeed, ever since the complaint process began, the communities have been demanding the cessation of project funding. They consider it unsustainable that projects that fail to recognize their existence, and cause so much damage to their territory, some of it irreparable, should be financed by an international institution whose main mandate is to promote development. In the scenarios in which they were able to express their feelings to bank and MICI officials, their request was heard: the bank cannot continue financing projects that have impacted their lives in such severe and unjust ways, and its exit must be responsible. This means that the bank’s withdrawal must be based on a plan built with the effective participation of the communities and must contemplate all the damages caused in relation to social dynamics, the increased conflict in the region, the failure to acknowledge the existence of indigenous peoples and their rights, the affects on the ancestral cultural heritage, the differentiated impacts on women, and the lack of prevention and consequent environmental degradation. The bank must now propose an action plan to comply with MICI’s report, a mission that is undoubtedly transcendental. The bank now has the historic opportunity to correct its mistakes and legitimize its actions, honor its institutional mandate to promote development, respect and recognize indigenous peoples, and contribute to making the Ixquisis micro-region a place where indigenous men and women can once again develop their life in harmony with nature, and alongside their community.
Read more"Portraits of a feminist energy transition"
The energy transition is essential and underway, but what are the risks and opportunities that the green energy revolution represents for the realisation of women's rights? How can we prevent the replication of extractive practices commonly associated with fossil industries? How can we promote renewable energy models that promote women's participation and the eradication of energy poverty? The series "Portraits of a Feminist Energy Transition" seeks to showcase the stories of women activists and human rights defenders advcating for a just energy transition. A new energy system that protects the environment, advances gender equality and provides safe, affordable and sustainable access to energy. Although women play a critical role in the management and use of energy resources in households and their communities, they face common challenges linked to systemic discrimination, energy poverty and lack of representation in the development of the new renewable energy sector. We cannot accelerate the move towards sustainable energy systems without bringing to the centre the voices of women and communities who have historically been left behind in energy decision-making spaces. In the context of COP26 and when discussing an energy transition that involves an unprecedented technical and technological shift from one source of energy to another and counteracting the effects of climate change, the civil society organisations, Global Initiative for Economic, Social and Cultural Rights (GI-ESCR) and the Interamerican Association for Environmental Defense (AIDA), with the support of FES-Geneva, launch the first video in the series that tells the story of Maria, an indigenous woman from the Maya Chuj ethnic group living in the Yich K'isis micro-region of Guatemala. It is only through women's stories and experiences that we can reduce the potential risks of the energy transition and catalyse the transformative power of renewable energy to advance gender equality and a low carbon future for all. Listen to María’s story!
Read moreHistoric recommendation paves the way for development bank to exit harmful hydroelectric projects in indigenous territory
For the first time, a case brought before the Inter-American Development Bank’s (IDB) Independent Consultation and Investigation Mechanism (MICI) opens the possibility for the bank to responsibly exit financing granted to hydroelectric projects, after concluding that the investment was made without acknowledging the presence of indigenous peoples, thus violating the bank’s operational policies. Washington DC, United States. The Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank Group concluded that, within the framework of the financing granted to the Generadora San Mateo and Generadora San Andrés hydroelectric projects—located in the Yich K'isis micro-region, territory of the Native Maya Chuj Guatemala Nation—IDB Invest ignored the presence of indigenous peoples in the area by failing to verify their existence, thus ruling out the implementation of safeguards to protect them. MICI also established that the Bank failed to comply with several of its internal policies and, based on this, opened the possibility for a responsible withdrawal of the investment. These and other findings are contained in the case’s Final Report, approved by the IDB Board of Executive Directors, in which MICI resolved the complaint filed in 2018 by the affected communities—represented by the Ancestral Plurinational Government of the Maya Q'anjob'al, Maya Chuj, Maya Akateko, Maya Popti and Mestiza Native Nations; the Interamerican Association for Environmental Defense (AIDA); and the International Platform Against Impunity. Of the 29 recommendations issued in the report: 10 are aimed at institutional changes to avoid non-compliance with environmental and social safeguards in other IDB Invest operations; 18 are focused on implementing specific corrective actions to redirect the San Mateo and San Andrés projects; and one of them, number 29, opens the possibility for IDB Invest to withdraw its investment from the hydroelectric plants. "In case of exit from the Projects, IDB Invest should adopt the necessary provisions to ensure a responsible exit from Operations," the report reads. "Recommendation 29 is the most consistent with the findings of the Final Report and the one that best responds to the request that the communities have made since the beginning of the process: it is unsustainable for IDB Invest to finance projects that were developed in indigenous territories while ignoring their presence," said Liliana Ávila, senior attorney at AIDA. "In an effective accountability process, the bank must be held responsible for its mistakes and remedy the damage it has caused." This represents a milestone for the region, as it is the first time that MICI has made such a consistent recommendation regarding projects under investigation. The recommendation demonstrates improvements in the bank's accountability processes, increases opportunities for communities affected by IDB Group-financed projects, and sets a precedent for better financing practices. "The report sets a precedent for accountability in the region. It puts MICI and the compliance verification phase one step closer to responding to the requests and demands of affected communities," said Carolina Juaneda, Latin America Coordinator for the Bank Information Center. "Recommendation 29 is a novel and encouraging development, as it puts the requests and demands of the communities that have been negatively affected by the projects at center stage. Although there are still many challenges to continue working on, the report undoubtedly represents a clear and powerful step toward strengthening accountability in the region." For the communities, it is through full compliance with Recommendation 29 that their primary request may finally be answered. The bank’s divestment from the dams must incorporate a responsible, participatory and comprehensive withdrawal plan that respects the good faith consultation carried out in 2009, in which the communities decided not to carry out the such projects in their territory. The plan must include: 1) recognition and restoration of social and cultural damages caused; 2) respect for the rights of indigenous peoples and recognition and restoration of the damages generated; 3) recognition and restoration of the damages generated by the differentiated impacts on women; and 4) prevention, mitigation and restoration measures from an environmental perspective. "The measures proposed in Recommendation 29 should have been part of the project planning phase. By not having considered them in its initial phase, a series of impacts and damages to the community were generated," stated Mara Bocaletti, Regional Director of the International Platform Against Impunity. "Only a responsible exit process by the investors will be able to restore the conditions of credibility towards the accountability mechanisms of international financial institutions." Another of the communities' expectations is that the IDB Group will guarantee their access to information and participation in the following phases of the process, which would allow the effective guarantee of their rights and the improvement of the bank's protection strategies. "This report is very valuable because it recognizes the impacts generated by the projects and validates the complaints we have been making for years. It is an important report not only for us, but for all indigenous peoples in Guatemala," said Lucas Marcos, local authority. "The bank's responsible withdrawal from the projects will allow us to maintain our rivers and access to water for us and our families." In addition to non-compliance with the IDB's policy on indigenous peoples, MICI concluded that the development of the San Mateo and San Andres projects caused differentiated impacts on women, environmental impacts, increased conflict, and harm to the social fabric. It also found that the bank did not guarantee access to information for the communities. "It is a serious wrongdoing that the bank has prioritized the advancement of these projects despite failing to comply with its internal requirements, to the detriment of our life as communities and ignoring our presence as indigenous peoples," said Rigoberto Juarez, Coordinator of the Plurinational Government of the Maya Q'anjob'al, Maya Chuj, Maya Akateko, Maya Popti and Mestiza indigenous nations. "Our individual and collective rights cannot be undermined in the face of private interests; consequently, a responsible withdrawal is the least the bank can do in the face of the magnitude of the damages caused. We hope that this will not happen again in other cases, and that the bank will assume its responsibility to respect the rights of indigenous peoples." The outcome of this complaint, as well as the international attention surrounding the case, is the result of a process of organization and resistance undertaken by the Mayan men and women of Yich K'isis upon being faced with of the imposition of large-scale hydroelectric projects, developed without due diligence and without consultation. For years, they have been demanding respect for their ways of life, and the value they hold for their water and their culture. The MICI report, apart from supporting the allegations of the affected communities regarding the violations of their rights, also sets an important precedent for Guatemala. This decision should be taken into account on a national level to address the countless irregularities and rights violations denounced throughout the country in the context of the implementation of mega-development projects, specifically large dams. press contacts Victor Quintanilla (Mexico), AIDA, vquintanilla@aida-americas.org, +525570522107 Camila Castellanos, International Platform Against Impunity, info@plataformainternacional.org
Read moreGuatemalan indigenous communities file complaint for dams’ damages
Affected communities have called on the Inter-American Development Bank to withdraw funding for the Pojom II and San Andrés dams for failure to comply with its operational policies. The mega-projects have damaged water sources and harmed the livelihoods of local indigenous people, particularly women. Washington, D.C. Indigenous communities affected by Guatemala’s Pojom II and San Andrés dams have called on the Inter-American Development Bank to withdraw its investment in the mega-projects. A complaint filed before the Bank’s independent accountability mechanism explains how the serious social and environmental damages caused by the planning and construction of the dams resulted from the projects’ failure to comply with the Bank’s operational policies. The communities are represented by the Interamerican Association for Environmental Defense (AIDA), the International Platform Against Impunity, and the Plurinational Ancestral Government of Q’anjob’al, Popti, Chuj and Akateko. “The damages caused by the projects’ implementation are the result of non-compliance with the Bank’s operational policies, particularly its policies on environment and sustainability, indigenous people, gender, and information disclosure,” explained Liliana Ávila, AIDA attorney. The complaint details how the dams were authorized without adequate community consultation, and how those affected did not receive sufficient information on the risks. In addition, community members who have peacefully resisted the projects have suffered attacks, threats, and harassment; in 2017, they reported the murder of one local resident, which has yet to be resolved. The construction of the dams has also caused severe environmental damage, including water scarcity and pollution, which have affected local people’s ability to fish, grow food, and maintain their tradition lifestyle. The affected people of the microregion of Ixquisis, in the department of Huehuetenango, are primarily indigenous Mayans including the Chu, Q’anjob’al and Akateko ethnic groups. “The damages from the dams are differentially suffered by women, since they are the primary managers of water use in their homes,” said Anabella Sibrián from the International Platform Against Impunity. “The women of Ixquisis face stigmatization and live in fear of retaliation for their peaceful opposition to the projects.” The Pojom II hydroelectric plant is operated by Generadora San Mateo S.A, while San Andrés is run by Generadora San Andrés S.A. Both are subsidiaries of Promoción y Desarrollos Hídricos S.A., a Guatemalan company. In 2013, IDB Invest, a private arm of the Inter-American Development Bank, approved loans of up to $9 million USD for the construction of Pojom II and up to $6 million USD for the San Andrés project. “We our hope that the Bank’s accountability mechanism confirms the projects have violated internal policies and thus recommends that IDB Invest withdraw its investment from these harmful mega-dams,” Ávila said. The Ixquisis communities were recently awarded the 2018 Front Line Defenders award for Human Rights Defenders at Risk for their valiant, peaceful struggle to defend their water and their territory. Find more information on the case here. Press Contact Victor Quintanilla (México), AIDA, vquintanilla@aida-americas.org, +521 5570522107
Read moreStatement on the denouncement of violence against communities in Guatemala
Communities in northwest Guatemala publicly denounced repression and intimidation following peaceful demonstrations against the presence of the National Police and Army in their territory. The people of the microregion of Ixquisis, in the department of Huehuetenango, are currently living in fear due to the improper use of criminal law against those who have expressed their opposition to the development of the Pojom I, Pojom II and San Andrés dams. Together with allied organizations, AIDA has denounced before the Inter-American Commission on Human Rights the worrying criminalization of human rights defenders who oppose the hydroelectric projects in Guatemala. As an organization that works in defense of human rights and the environment in Latin America, AIDA would like to express the following: The repression of freedom of association and expression is extremely worrisome. The risks faced by the people of Ixquisis and the increased acts of violence against them are alarming. We reject any act of violence or intimidation by private and public security forces against people exercising their individual and collective rights. We likewise condemn any campaign of disinformation, de-legitimization and stigmatization that may arise in response the communities’ peaceful demonstrations. The acts that have been denounced not only violate basic rights, but also affect social stability and the traditional lifestyle of the communities. AIDA expresses solidarity with the Peaceful Resistance of the Microregion of Ixquisis; and we support their struggle to defend land and water, and achieve environmental justice. We call on the State of Guatemala to: guarantee the full enjoyment of the communities’ human rights; protect those who defend them; carry out diligent actions to investigate recent acts of violence; ensure due process for those who defend their rights before the projects’ advancement; and evaluate the instances of force denounced by the communities. press contact Victor Quintanilla (Mexico), AIDA, vquintanilla@aida-americas.org, +52 5570522107
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