Project
Victory: Constitutional Court Defends Right to Prior Consultation
On January 23, 2008, the Colombian Constitutional Court declared the Forest Law of 2006 to be unconstitutional and therefore, invalid, because lawmakers did not consult with indigenous, afrodescendant, and tribal communities during development of the law as required.
This decision is an advance for these Colombian communities who view many economic development projects and policies as a threat to their traditional territory and cultural identity, as well as the environment. The ruling also establishes a valuable legal precedent that can be used to bolster indigenous and tribal communities’ rights in other legal cases throughout the Americas.
The Colombian government is required by law to consult with indigenous and tribal communities regarding administrative and legislative decisions that may affect them. It is obligated to do so because the Colombian Congress previously adopted into law “Convention 169,” a treaty of the International Labour Organization that protects this right and others.
In this case, the Court decided that indigenous and tribal communities should have been consulted because the Forest Law regulates forest issues in general terms, and contains provisions that “will likely affect areas generally used by the communities, which could impact their lifestyles and their close relationships with the forests.”
The court also declared that the requirement to consult with indigenous and traditional communities cannot be replaced with the general public participation process that the government carried out regarding the Forest bill. Rather, to comply with the law, the government should inform the communities about the proposed law, explain its implications and how it could affect them, and give them opportunities to effectively state their opinions regarding the bill.
As a result of this court ruling and civil society’s call to respect the right to prior and informed consultation, the Colombian government proposed a law to regulate and enforce this fundamental right. The Ministry of Agriculture also began developing a new forest law, this time using a process that complies with prior and informed consent procedures.
The lawsuit was brought by a group of students and professors from the University of Los Andes Law School in Bogota with the support of AIDA. Social organizations including the Proceso de Comunidades Negras, the National Indigenous Organization of Colombia (ONIC) and CENSAT Agua Viva also supported the group in presenting this case.
This group also filed a second lawsuit against the Forest Law alleging that the law violated Constitutional provisions protecting the environment. However, because of the January court decision, no decision will be made on this second suit.
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Guatemalan 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, [email protected], +521 5570522107
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Why we work to protect human rights in Latin America
The attorneys who make up AIDA’s Human Rights and the Environment Program work to protect people and communities whose rights have been violated or are at risk from the degradation of their natural environment. They know that there is an undeniable connection between the full enjoyment of human rights and a healthy environment. Here’s why they do what they do: “I DO IT BECAUSE IT’S IN MY BLOOD.” Astrid Puentes, AIDA Co-Director “I work in defense of the environment and human rights because they are essential aspects of life, and they are linked. I do it because it’s in my blood: my father was a farmer, my grandparents and great-grandparents too. Part of my connection with nature comes from my family; it’s my inheritance. I’ve always wanted to contribute to making the world better, particularly in my home country of Colombia, which has so many natural resources but also so much social injustice. I dedicated my career as an attorney to helping make my country a better place. When I became a mother, that motivation only grew, and now I feel a great responsibility to do everything I can so that my children will have a better planet.” Early in her career, Astrid helped stop a proposal by the Colombian and United States governments to spray a transgenic fungus on the Amazon, which would have seriously damaged a vital ecosystem that many people depend on. It was the first successful case in which Astrid was directly involved. “I DEFEND HUMAN RIGHTS BECAUSE I BELIEVE THAT DIGNITY AND EQUALITY ARE INALIENABLE RIGHTS.” Liliana Ávila, Senior Attorney “I defend human rights because I believe that dignity and equality are inalienable rights. I believe in the value of differences and in the struggles of those who have not known their rights. These convictions have made me feel indignation, shame, and rage for the way rights human rights have been infringed upon in my country — Colombia — as well as in Latin America and the world at large. I defend human rights because, for me, they are the realization of the human aspiration to build a more just world.” Last May, Liliana was moved by the story of an indigenous woman in Guatemala whose community depended on a nearby river, which was suffering water shortages due to the construction of a dam. With the water from that river, the woman watered flowers in her garden, which brought her happiness when life made her sad. That story filled Liliana with hope because she knew that, though her work, she could help keep those flowers blooming. “MY GREATEST MOTIVATION COMES FROM MY AWARENESS OF INEQUALITY AND INJUSTICE.” Daniel Iglesias, Fellow “My greatest motivation comes from my awareness of the inequality and injustice that characterize the modern world, in large part due to the effects of global capitalism. It is our responsibility to fight to eliminate those inequalities. Defending human rights through solidarity and by denouncing injustice is a fundamental way to achieve that goal.” As a human rights attorney, Daniel come face-to-face with injustices such as indigenous communities being stripped of their land, people deprived of their freedom of expression, and those who have been affected by the damages caused by extractive industries. Those experiences inform Daniel’s work with AIDA in Mexico, and feed his desire to continue working for social and environmental justice in the region. “I GREW UP knowing I HAD RIGHTS.” Marcella Ribeiro, Legal Advisor “I grew up knowing I had rights. I knew I would never lack food or water and that the beach in front of my house in Brazil would never be polluted because I had the right to a healthy environment. But when I learned that people living in favelas and those affected by droughts didn’t know they had rights, and didn’t organize to claim them, I decided to devote myself to fighting so their voices are heard and their humanity is recognized.” Marcela worked in Brazil’s favelas educating residents about their human rights. Since then, she has understood that social justice will always be possible as long as people are allowed to enjoy their social, cultural, economic and environmental rights.
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Statement 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, [email protected], +52 5570522107
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