Project

Photo: Steven Ablitt / Cassiar Watch

Victory: 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.


Belo Monte Dam Suspended by Brazilian Appeals Court

  FOR IMMEDIATE RELEASE Media Contacts: Brent Millikan, International Rivers [email protected], +55 61 8153-7009 Andrew Miller, Amazon Watch [email protected], +1 202 423 4828 Joelson Calvacante, Inter-American Association for Environmental Defense (AIDA) [email protected], +52 55 5212-0141   Belo Monte Dam Suspended by Brazilian Appeals Court Project was illegally authorized by Congress without prior consultation with  indigenous tribes, judges say    Altamira, Brazil: A high-level court yesterday suspended construction of the controversial Belo Monte dam project on the Amazon’s Xingu River, citing overwhelming evidence that indigenous people had not been properly consulted prior to government approval of the project. A group of judges from Brazil's Regional Federal Tribunal (TRF1) upheld an earlier decision that declared the Brazilian Congress’s authorization of the project in 2005 to be illegal. The decision concludes that the Brazilian Constitution and ILO Convention 169, to which Brazil is party, require that Congress can only authorize the use of water resources for hydroelectric projects after an independent assessment of environmental impacts and subsequent consultations with affected indigenous peoples.    The ruling means that Brazilian Congress will have to correct its previous error by organizing consultations on the project’s impacts with affected indigenous peoples of the Xingu River, especially the Juruna, Arara and Xikrin tribes. Their opinions should be considered in a Congressional decision on whether to authorize Belo Monte, and in the meantime the project consortium has been ordered to suspend construction. Project consortium Norte Energia, S.A, led by the parastatal energy company Eletrobras, faces a daily fine of R$500,000, or about US$250,000, if it does not comply with the suspension. The dam consortium is expected to appeal the decision in the Brazilian Supreme Court.   “The court’s decision highlights the urgent need for the Brazilian government and Congress to respect the federal constitution and international agreements on prior consultations with indigenous peoples regarding projects that put their livelihoods and territories at risk. Human rights and environmental protection cannot be subordinated to narrow business interests” stated Federal Judge Souza Prudente, who authored the ruling.   “This latest court ruling vindicates what indigenous people, human rights activists and the Federal Public Prosecutor’s Office have been demanding all along. We hope that President Dilma’s Attorney General and the head judge of the federal court (TRF1) will not try to subvert this important decision, as they have done in similar situations in the past,” said Brent Millikan of International Rivers, based in Brasilia.   “This decision reinforces the request made by the Inter-American Commission on Human Rights in April 2011 to suspend the project due to lack of consultations with indigenous communities. We hope that Norte Energia and the government comply with this decision and respect the rights of indigenous communities,” said Joelson Cavalcante of the Interamerican Association for Environmental Defense (AIDA), an organization giving legal support to affected communities.   The Brazilian Congress authorized construction of Belo Monte seven years ago without an environmental impact assessment (EIA). A subsequent study - produced by state-owned energy company Eletrobras and three of Brazil’s largest construction companies (Camargo Correa, Andrade Gutierrez, and Odebrecht) - was widely criticized for underestimating socio-environmental impacts, especially on indigenous peoples and other traditional communities living downstream from the huge dam that would divert 80% of the Xingu’s natural flow. The EIA was approved by Brazil’s federal environmental agency (IBAMA) in February 2010 under intense political pressure and over the objections of the agency's own technical staff.   With dam construction racing ahead since June 2011, many of Belo Monte’s forewarned social and environmental consequences are proving real.  As a result, indigenous people have become more vocal in their opposition to Belo Monte.   During the United Nations' Rio+20 conference in June, indigenous leaders launched a 21- day occupation of the dam site, protesting against the growing impacts of the project and broken promises by dam-builders. Two weeks later, indigenous communities detained three Norte Energia engineers on tribal lands. Both protests demanded suspension of the project due to non-compliance of mitigation requirementes. Last month, the Federal Public Prosecutors’ Office filed a lawsuit calling for suspension of the Belo Monte’s installation license, given widespread non-compliance with conditions of the project’s environmental licenses. Given this contentious and convoluted history, the long overdue process of consultations with indigenous peoples on Belo Monte is not likely to produce a positive verdict on Belo Monte, from the point of view of indigenous peoples. Similar conflicts over violations of indigenous rights by dam projects are emerging elsewhere in the Brazilian Amazon.   Last week, in another landmark decision led by judge Souza Prudente, a group of judges from the TRF1 , the same court ordered the immediate suspension of one of five large dams planned for the Teles Pires river, a major tributary of the Tapajos river, noting a lack of prior and informed consultations with the Kayabi, Apiakás and Munduruku indigenous peoples affected by the project.   According to Souza Prudente, "the aggression against indigenous peoples in the case of the Teles Pires dam has been even more violent than in Belo Monte. A political decision to proceed with the construction of five large dams along the Teles Pires river was made by the Ministry of Mines and Energy with no effective analysis of impacts on the livelihoods and territories of indigenous peoples. The Sete Quedas rapids on the Teles Pires river are considered sacred by indigenous peoples and are vital for the reproduction of fish that are a staple of their diets. Yet none of this was taken into account in the basin inventory and environmental impact studies.  Moreover, the government and Congress simply ignored their obligations to ensure prior and informed consultations with indigenous peoples, as determined by the Federal Constitution and ILO Convention 169".   Late yesterday, the President of the TRF1 announced his intention to overturn the decision of Souza Prudente and other federal judges regarding the Teles Pires hydroproject, marking a growing crisis within Brazil’s judiciary system over the Dilma Rousseff administration’s ambitious dam-building plans in the Amazon.

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World Bank Group Opens Case on Eco Oro Minerals Gold Mine in Fragile Colombian Wetlands

  FOR IMMEDIATE RELEASE   Press Contact: Astrid Puentes Riaño, Co-Director, AIDA, (+52) 155-2301-6639, [email protected] Kristen Genovese, CIEL, (+31) 0652-773-272, [email protected] Jen Moore, MiningWatch, (+1) 613-569-3439, [email protected] Miguel Ramos, Comité por la Defensa del Agua, (+57) 314-416-4531, [email protected]   World Bank Group Opens Case on Eco Oro Minerals Gold Mine  in Fragile Colombian Wetlands IFC’s Ombudsman to hear complaints of downstream communities   Bucaramanga, Colombia – Late last week, the World Bank Group accepted a complaint and will evaluate its investment in Eco Oro Mineral’s Angostura mining project, a proposed large-scale gold mine located in a fragile, high-altitude wetland called the Santurbán páramo, which provides water to over 2.2 million Colombians.  The Compliance Advisor Ombudsman (CAO), the independent grievance mechanism of the International Finance Corporation (IFC), will review complaints alleging that the IFC failed to evaluate the project’s potentially severe and irreversible social and environmental impacts.   The CAO’s decision was prompted by a complaint submitted last month by groups that would be affected by the project in Bucaramanga, Colombia.  The complaint asserts that the IFC, the World Bank’s private-sector lending arm, ignored its own policies when it invested US$11.79 million in the Vancouver-based company’s project.   “It is outrageous that such a damaging mining initiative has the backing of the World Bank, whose mission is to advance real and sustainable development,” said attorney Miguel Ramos of the Committee for the Defense of Water and the Santurbán Páramo, a coalition of nearly 40 local groups which spearheaded the complaint before the CAO. “There could be some 20 counties whose water will be affected by this project.”   The CAO’s Ombudsman will evaluate the case before the CAO determines whether a full audit is warranted. An audit would examine if the IFC’s environmental and social policies have been violated. In May 2011, following controversial hearings and protests numbering in the tens of thousands, the Colombian Ministry of the Environment rejected Eco Oro’s initial request for an environmental license, citing environmental, constitutional and international law prohibiting mining activity in páramo wetlands.    Páramos are fragile ecosystems that supply about 75% of Colombia’s freshwater, including the drinking water of millions of people, and play a key role in mitigating and adaptation to climate change.    The Interamerican Association for Environmental Defense (AIDA), the Center for International Environmental Law (CIEL) and MiningWatch Canada supported the Committee’s request that the CAO audit the project and that the IFC withdraws its funding of the project.     “The IFC sets the standard for future investment in Colombia, and must be extra careful to avoid promoting unsustainable projects such as Angostura,” said Astrid Puentes Riaño, Co-Director of AIDA.  “We are confident that this investigation will reveal that the IFC did not even ensure minimal protection for communities and the environment when it failed to require necessary impact assessments before investing.”   “Prior armed conflict in this area could further compound the deleterious impacts this project would have on communities and their water supplies. Nonetheless, the IFC invested, explicitly hoping to spur greater interest in Colombia’s mining sector,” said Jen Moore, Latin America Program Coordinator for MiningWatch Canada.  “This evaluation is warranted and ultimately, the IFC should pull out.”   The CAO will review allegations that the IFC glossed over potential security issues related to Eco Oro’s project. The complaint questions the IFC’s original assessment, providing documented evidence of violence associated with guerrilla and paramilitary activity following a major military operation and the establishment of military installations in the area around 2003.    Eco Oro holds mining rights to nearly 30,000 hectares (74,130 acres) of land in the Santurbán páramo near the city of Bucaramanga in the northeastern department of Santander.  Eco Oro’s project has already stimulated investments from at least five other companies in the immediate area, more than doubling the area under mining concessions in the páramo.   Full text of the complaint here (in Spanish).

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Leaders of Brazilian movement opposed to controversial Belo Monte dam threatened with imprisonment, for Lawful Protests

International Groups Denounce Attempts to Criminalize Civil Society Leaders before OAS and UN Human Rights Bodies. Altamira (PA), Brazil – Brazilian social movements and civil society organizations are facing politically motivated prosecutions for their lawful opposition to the Belo Monte dam complex in the heart of the Amazon, a leading international human rights and environmental organization said today. In a report issued to the human rights arms of the Organization of American States (OAS) and the United Nations (UN), Brazilian and international groups detailed attempts to prosecute human rights and environmental activists and seek the arrests of 11 civil society leaders. Among the accused are a local reporter, leaders of the Xingu Alive Forever Movement, a Catholic priest and nun who led a mass during the Xingu+23 protest, a documentary filmmaker and a fisherman whose house was recently demolished to make way for dam construction. “The complaints filed by the dam consortium and the request for arrest warrants are based on fabricated information and gross distortions of the facts, with the clear intention of criminalizing leaders of a legitimate social movement opposed to the federal government’s obsession with the construction of Belo Monte, regardless of the project’s human and environmental costs and the rule of law”, said Marco Apolo, lawyer and co-director of SDDH, a renowned human rights NGO based in the state of Para. The police request for the arrest still pending approval in a local court, came in response to a complaint filed by of the consortium of companies building the dam.  The peaceful protests organized by Brazilian civil society groups were celebrating 23 years of resistance to the project.  Activities were focused in Santo Antonio, a small riverside village whose inhabitants are being displaced by construction of the large dam.  In an isolated incident, a small group of protestors autonomously entered the offices of the consortium, causing some damages.  Despite the absence of evidence linking the incident to the leaders of the movement and the protests, the police request for arrest warrants charges them with invasion and damage to private property, theft, arson, and disturbing the peace.   “We expect a prompt response from the OAS and the UN regarding this blatant attempt to intimidate and criminalize human rights and environmental defenders working to protect the communities affected by Belo Monte,” stated Joelson Cavalcante, a Brazilian lawyer with the Interamerican Association for Environmental Defense (AIDA), which co-authored the report.  “The Brazilian government cannot simply silence critiques of its development policy by putting them in jail.” Some of the accused also are plaintiffs in a case before the Inter-American Commission on Human Rights against Brazil for failing to consult local communities and ignoring important safeguards to protect the rights and environment of the people affected by the dam.  In April 2011, the Inter-American Commission requested special measures to protect the rights of 12 indigenous communities.  The Brazilian government has refused to comply with the resolution so far. Brazilian and international groups, including AIDA, have raised multiple claims of human rights violations surrounding the development of the Belo Monte dam.  The project would seriously harm the lands and livelihoods of indigenous and rural communities including un-contacted tribes in voluntary isolation.  The dam is slated to be the world’s third largest and displace as many as 40,000 families. The attempt to silence protest against the project comes in the wake of recommendations from the UN Human Rights Council calling on the Brazilian government to safeguard the work of human rights defenders and protect the human rights of indigenous and African-descendant communities. “Belo Monte is a sad example of misdirected development policy gone awry,” said Astrid Puentes, Co-Director of AIDA. “We expect the Brazilian government to heed the recommendations of the UN and OAS and promote truly just and sustainable development, demonstrating that statements made at the Rio +20 Conference are real.  Stopping the unwarranted criminalization of human right defenders in the Xingu would be a positive step in that direction.”  

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