Project
Photo: Steven Ablitt / Cassiar WatchVictory: Canada supports public participation and environmental assessment
Thanks to a court ruling to which AIDA and our allies contributed, Canadian authorities must allow active participation in all mining and industrial megaprojects, as well as comprehensive environmental impact assessments.
The decision came after a long legal battle that began in 2006. That year, an open-pit copper and gold mine called Red Chris was approved without the adequate evaluation of its environmental impacts. It was sleighted to process 30 thousand metric tons a day.
The Imperial Metals company intended to build the mine in the Kapplan River Valley, a remote and pristine natural area home to large mammals such as Dali’s sheep, caribou, bears and moose. In addition, the area is part of the migratory salmon route and the Tathlan indigenous community lives nearby.
The company had fragmented the project into small parts to avoid evaluating the full impact of the project, thus violating international standards and the right to public participation.
In 2009 AIDA filed a brief with Canada’s Supreme Court in support of a lawsuit filed against the project by MiningWatch and Ecojustice.
The ruling remains a powerful tool to protect huge expanses of pristine and valuable land for its biodiversity, water sources, and the culture of indigenous communities.
It was a watershed moment in terms of ensuring companies fulfill their obligations when developing projects that put at risk the natural environment and those who depend on it.
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The Xingu River is being silenced, but not its people
A river is always a path, sustenance, and memory. At the Volta Grande (or Great Bend) of the Xingu River, deep in the Brazilian Amazon, the water did more than just flow: it taught people when to plant, when to fish, and when to celebrate. There, life moved to the rhythm of the river. But that began to change in 2010, when plans were underway to build the Belo Monte hydroelectric plant, and a silent question began to grow: Who decides the fate of the water? Six years later, on May 5, 2016, when the dam was inaugurated, nearly 80% of the Xingu River’s flow had been diverted.As early as 2018, organizations and communities were warning that the flow management plan imposed on the Xingu River for the operation of the hydroelectric plant foreshadowed a future of drought.That warning has come true.Today, entire stretches of the river are dry. More than 100 kilometers of the Volta Grande have lost their natural flow. The water, which once sustained biodiversity and local ways of life, no longer flows as it once did. Without enough water, the fish have stopped reproducing. There has been no spawning for three years. The river’s silence has turned into hunger, uncertainty, and disruption. The death of the fish is not just an environmental impact: it is the breakdown of a way of life. Indigenous, riverine, and fishing communities have lost not only their primary source of food but also their autonomy and their connection to the land. Today, the legacy of Belo Monte is a growing accumulation of ecological, social, and cultural degradation. However, this story is not yet over. Time for justice for the Xingu River and the life it sustainsTen years after the Belo Monte Dam began operations, the reported impacts have been confirmed, but something unexpected has also grown stronger: resistance.The affected communities remain organized, active, and determined. They continue to speak out, demand reparations, and defend their right to live alongside the river.That strength is evident today in the protests against new projects in the area.Because for these communities, the struggle is not just against a project; it is for the survival of their way of life.Today is a moment of justice for them. The complaint against the Brazilian State for its international responsibility in the case has been before the Inter-American Commission on Human Rights since 2011, pending a decision that could mark a turning point for the communities of the Xingu Basin. The complaint contains the legal and evidentiary elements necessary for the Commission to admit it, determine that there were several human rights violations, and refer the case to the Inter-American Court of Human Rights, whose ruling could set a precedent for state regulation of megaprojects in the context of the climate crisis; public participation; and the protection of indigenous peoples, traditional communities, and key ecosystems such as the Amazon.But as the process moves forward slowly, the impacts continue to worsen every day. The urgency is not legal; it is human. Every unanswered cycle is another cycle of drought, biodiversity loss, and mounting violations. In this case, making a decision is not just an institutional matter; it is a matter of life expectancy for those who depend on the river.What happened with Belo Monte has become a symbol. It is a clear example of how projects marketed as “clean energy” can have profound and lasting impacts when they disregard human rights. At a time when the world is seeking energy solutions to address the climate crisis, we cannot repeat old patterns of injustice. Learn More
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Ten years of Belo Monte: The time for justice has come
Ten years after its inauguration, the Belo Monte Hydroelectric Plant (UHE) in Pará returns to the center of public debate, this time under the scrutiny of the Inter-American Human Rights System. More than an anniversary, this milestone reinforces the urgency of an effective institutional response:justice cannot continue to be postponed.The case, currently pending before the Inter-American Commission on Human Rights (IACHR), brings together a substantial body of evidence regarding human rights violations associated with the Belo Monte UHE. Filed by a coalition of civil society organizations, including the Inter-American Association for the Defense of the Environment (AIDA), Global Justice, Coordenação das Organizações Indígenas da Amazônia Brasileira (COIAB), Movimento Xingu Vivo para Sempre (MXVPS), and the Conselho Indigenista Missionário (CIMI), the petition consolidates allegations of violations of the rights to life, health, prior consultation, and a healthy environment. The case is at an advanced stage of review and could soon be referred to the Inter-American Court of Human Rights.A decade on, the socio-environmental impacts remain significant and largely unmitigated. The Volta Grande do Xingu—a stretch of approximately 130 km directly affected by the artificial reduction in river flow—represents the project’s most serious liability. The alteration of the hydrological regime, compounded by extreme events associated with climate change, has compromised local ecosystems, disrupted the reproductive cycle of species, reduced navigability, and threatened the food and water security of populations that depend directly on the river.Indigenous communities, riverine populations, and artisanal fishers face the ongoing deterioration of their ways of life, including reduced fish availability and impacts on fishing livelihoods. Additional harms include inadequate resettlements, increased violence, mental health impacts, and threats to cultural practices and traditional ways of life.Unlike the debates that characterized the project’s implementation phase, today’s discussion is shaped by the climate emergency and new international regulatory standards. Advisory Opinion OC-32 of the Inter-American Court of Human Rights provides clear guidelines on states’ obligations to protect human rights in the face of the climate crisis, recognizing the right to a healthy environment as a foundational principle. In this context, the Belo Monte Hydroelectric Plant case is a significant test of how energy development, environmental protection, and the rights of local populations can—and must—be reconciled.The organizations monitoring the case highlight non-compliance with precautionary measures issued by the Commission as a key reason to advance to the Court. The legal merit of the case, combined with its international significance, positions the case as ready for adjudication."More than a decade after the start of the Belo Monte hydroelectric project, the impacts on the Xingu River continue and are worsening, exacerbated by pressure for new projects and the climate crisis. The communities remain mobilized for justice and confident in the Inter-American Commission’s efforts to bring the case before the Court—the final step to ensure full reparations and the protection of the territory and its ways of life," said Marcella Torres, legal coordinator of AIDA’s Human Rights Program.According to Melisanda Trentin, coordinator of Socio-Environmental and Climate Justice at Justiça Global, the Belo Sun mining project is moving forward in the Volta Grande do Xingu region with consultation flaws identical to those of the Belo Monte project. “What is at stake in the region is the accumulation of harm and violations of human and environmental rights. A river with reduced flow, communities facing food insecurity and altered ways of life, and now a new project that repeats the same violations denounced in the Inter-American System for over 10 years,” she points out.For the signatory organizations, the ten-year mark represents a critical window for justice. The Belo Monte case is no longer an isolated episode— it stands as a benchmark for the concrete application of environmental justice in the Amazon, amid growing climate pressure and demands for state accountability.ABOUT - Belo Monte is the fourth-largest hydroelectric power plant in the world, built on the Xingu River in the state of Pará, in the heart of the Amazon. With an installed capacity of 11,233 MW, it was inaugurated on May 5, 2016. Its operation diverts 80% of the Xingu River’s flow through a canal 500 meters wide and 75 km long. The flooded area between the canal and the reservoir covers 516 km², larger than the city of Chicago, of which 400 km² was native forest.#JutiçaNoXingu See the statement from the petitioners in the Belo Monte case before the IACHR Read what the petitioning organizations in the case have to say:Coordination of Indigenous Organizations of the Brazilian Amazon (COIAB)"There is no legal certainty without respect for the inherent rights of indigenous peoples. In the Amazon, this defense goes beyond the legal realm: it is a commitment to life, to the integrity of territories, and to the planet’s climate balance. The harm that the construction of the Belo Monte Dam has caused to indigenous populations and the environment has become a reality and is irreversible. COIAB’s Legal Advisory Office works to ensure that the Constitution, international treaties, and the self-determination of indigenous peoples are effectively respected at all levels of decision-making," states Gabriele Baré, coordinator of COIAB’s Legal Advisory Office.Movimento Xingu Vivo Para Sempre "Belo Monte uprooted people from the riverbanks and scattered the Xingu people far and wide, away from the river, their community, and the daily life they knew and loved. The riverine dwellers ceased to be who they were; the fisherwomen ceased to be who they were; they became nothing, many of them wandering the outskirts of cities. These people lost their identity and, with it, their soul. All that remained was emptiness and loneliness. The impact of the loss of their way of life cannot be compensated, but it must be acknowledged so that some form of redress can be made," says Ana Laide Barbosa, an educator with the Xingu Vivo para Sempre Movement.Observatory of Isolated Indigenous Peoples (OPI)"The construction of the Belo Monte hydroelectric dam has exacerbated threats and pressures on the indigenous peoples of the Middle Xingu region in a manner similar to what occurred during the dictatorship with the opening of the Trans-Amazonian Highway in the same region. Recently contacted peoples such as the Parakanã and the Arara have suffered from alarming rates of invasions and illegal deforestation on their lands, and the refuge of the isolated indigenous groups of Ituna Itatá has become one of the most deforested areas in Brazil. At the same time, the diversion of the Xingu River’s waters causes ecocidal damage to the indigenous peoples of Volta Grande; and harmful impact compensation policies have had disintegrating and ethnocidal effects on nearly all the peoples. “For all these reasons, the hydroelectric dam has become yet another example of the colonial relationship established by the Brazilian state with the Amazonian peoples and a debt of reparation that must be acknowledged and addressed," says Helena Palmquist, deputy coordinator of the Observatory of Isolated and Recently Contacted Indigenous Peoples (OPI).
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Let's talk about project closure and responsible exit
No mining, fossil fuel extraction or power generation project lasts forever. Their useful life is determined by internal factors, such as the quantity of resource reserves, and external factors, such as declining demand or financial problems.But no matter how long a project lasts or how it is affected, its promoters—whether public or private—must provide for a closure and responsible exit process that considers the natural environment and affected communities, and that is desired and promoted by all stakeholders.This issue is even more relevant in the context of actions needed to address the climate crisis, largely related to the energy transition, which generally implies the substitution of fossil fuel extraction and use projects, as well as the promotion of low-emission renewable energies associated with mineral extraction. In both scenarios, closure and exit issues are of great importance.In the first, it is necessary to incorporate concrete and enforceable commitments to close down and move on from existing projects. In the second, these requirements should be built in from the planning and pre-feasibility stages and should also be included in the environmental impact assessments and subsequent stages.In all projects, the role of the promoters is essential. Likewise, the obligation of the state to supervise and monitor is of great importance in order to protect and guarantee the rights of those who may be affected. In some cases, the responsible exit also includes other key actors that are part of the value and supply chains of the projects: investors, financiers, insurers, suppliers, distributors and buyers, among others.Therefore, the discussion of project closure and responsible exit is essential to environmental protection and climate management in Latin America.What do we mean by project closure and exit?All mining and energy projects have different phases in their life cycle: initiation, planning, execution, monitoring and control, closure, and post-closure. In turn, they have supply and value chains that, as we have said, involve actors from different sectors.In this context, closure refers to the stage of a project in which it ceases to operate and is terminated. Exit, on the other hand, refers to the decision and subsequent process in which the different actors in the project's value and supply chain, in their own roles, completely disengage from the project. What does it mean for a closing and exit process to be responsible?There is currently no consensus on the definition and scope of responsible exit and fair project closure processes. Sometimes these terms are used indiscriminately, which can lead to confusion about the responsibilities of the actors involved and the scope of the processes to be carried out. However, there are elements that allow these concepts to be explained precisely:Responsible and fair project closure is a planned, upfront process that should be considered from the earliest stages of a project and continually updated as the project evolves. Responsible closure ensures a planned, coordinated and participatory cessation of activities and dismantling, and guarantees the right to a healthy environment.The planning and development of a closure plan should focus on risk management as well as impact prevention and mitigation. This will ensure a responsible closure in which the affected areas can be readapted and made safe for both nature and communities, while allowing the ecosystems to recover their functions.The general obligation of the project developer is to properly identify the impacts that the project may cause and to adequately and timely comply with the measures approved by the State in its environmental management instruments.The main obligation of the State (in addition to its general regulatory duty) is to supervise and monitor the project to verify compliance with the developer's obligations and to prevent environmental and/or social damage.The role of other actors in the value and supply chain is to act with due diligence, to use their influence to encourage the promoter to comply with its obligations and, in the event of non-compliance, to act within their role and influence to ensure that the necessary corrective measures are taken.Responsible and fair exit refers to the process undertaken by the various actors in the value and supply chain when they decide to fully divest from a project, considering the responsibilities inherent in their role, which include fulfilling their obligations with respect to human rights and due diligence. In Latin America, there has been important progress in regulating aspects related to the permitting, commissioning and implementation of mining and energy projects. However, experience has shown that there are significant challenges in ensuring that the closure and exit processes are responsible for the ecosystems and communities involved.To learn more about this issue, see our report Closure and Responsible Exit. A requirement for environmental and climate justice in Latin America (in Spanish).In the following video, we explain the main findings of the report, which documents and analyzes cases in several countries across the continent:
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