Project
Photo: Thomas Jundt / CC BY-NCVictory: Crucitas gold mine cancelled for environmental harm
In Costa Rica, for the first time, a high-level court cancelled a large-scale mining project for the first time because it violated national laws and threatened the health of the environment. AIDA played an important role in establishing this precedent.
The company, Industrias Infinito, with the support of the previous government, planned to construct an open-pit gold mine in an incredibly biodiverse area near San Juan River, which forms the country’s border with Nicaragua.
The construction and operation of the mine threatened not just the environment but the cultural survival of 32 communities whose way of life depends on tourism and sport fishing in the area.
The fight to stop Crucitas began in 2008 when AIDA warned the Costa Rican government about potential international law violations and environmental impacts that had to be considered before allowing for the project’s implementation. We recommended suspending all work on the project until legal compliance and the protection of the environment and human health were guaranteed.
In November 2010, the Costa Rican Contentious Administrative Court cancelled the project’s concession, reiterating the importance of complying with legal standards when approving projects.
Though the company appealed the ruling, an appeals court later rejected their request and the Crucitas gold mine was cancelled for good.
We congratulate the national NGOs who worked on this case, especially the Environmental and Natural Resources Law Center (CEDARENA), for their tireless efforts in defense of the environment and human rights.
It is our hope that the precedent established in the case will be replicated in nations across Latin America.
Partners:
Related projects
Open Letter to States and Development Financiers
On the anniversaries of the United Nations Declaration on the Right to Development (December 4th), the Declaration on Human Rights Defenders (December 9th), and the Universal Declaration of Human Rights (December 10th), civil society groups around the world are drawing attention to the unique threats faced by human rights defenders in the context of megaprojects and other development interventions. Human rights defenders are a critical force for the protection of human rights and integral to the achievement of sustainable development. They are vital to protecting the land and the environment, securing just and safe conditions of work, combating corruption, respecting traditional cultures, and holding governments accountable. Yet those who voice their opinions or seek to shape development and investments are routinely stigmatized as “anti-development,” and subjected to judicial harassment, threats, and violent attacks. Since the adoption of the Declaration on Human Rights Defenders 20 years ago, an estimated 3,500 human rights defenders have been killed because of their peaceful work defending the rights of others. In 2017 alone, at least 312 human rights defenders were murdered, 67 percent of whom were working in defense of land and territory in the context of large investments, extractive industries and big business. Today, the same governments who adopted these important human rights instruments may actually be undermining those efforts through the actions of their national development banks or bilateral and multilateral development cooperation. Where development interventions ignore human rights, or are imposed upon communities without their consent or participation, they often fail to deliver development or alleviate poverty, and instead end up contributing to rights abuses and putting defenders at risk. That is why the Defenders in Development Campaign is calling on development banks, States, and other development actors to honor these human rights anniversaries by highlighting the important role that defenders play in sustainable development and making a public commitment to: Ensure that development interventions support the realization of human rights and avoid abuses, Promote an enabling environment for public participation within development processes, and Take necessary measures to safeguard defenders in the context of development activities. Read the Open Letter signed by over 200 groups Find more information here
Read more
The first time fracking was discussed before the Inter-American Commission
We heard the news at an exceptional moment. The Latin American Alliance on Fracking had organized a conference; activists, lawyers, NGOs, community organizers, and scientists from seven Latin American countries were meeting face to face in Colombia to work against hydraulic fracturing in the region. It was there we learned that the Inter-American Commission on Human Rights had accepted our request for a hearing. We erupted in collective joy! Not only would we have a new audience, but also fracking would be discussed for the first time before the Commission. Immediately, we channeled our excitement into hard work. We had just 20 days to prepare a 20-minute case that would summarize every negative impact fracking has had in the Americas. We worked day and night to prepare our case for the October 3 hearing in Boulder, Colorado. It was so little time that Gabriel Cherqui, spokesperson for Mapuche communities affected by the Vaca Muerta mega-project in Neuquén, Argentina, couldn’t obtain a visa in time to travel to the United States. Years of work, converted into minutes Perhaps the most difficult aspect of preparing our case was summarizing thousands of documents and stories into such a short amount of time. It had taken years to systematize our specialized research on fracking in the region and to have our case before the Commission—requested with more than 120 supporting signatures—accepted. Another challenge was to demonstrate the solid connection between fracking and human rights violations, an argument we knew the Commission would be interested in addressing, given the scale and complexity of the problem. So we developed a strategy: Roberto Ochandio, a geographer and former petroleum engineer, presented the technical details necessary to understand how fracking works; AIDA attorney Liliana Ávila explained how the technique has violated the rights to a healthy environment, to life, health, and the informed consent of the affected communities; Alejandra Jiménez from the Mexican Alliance Against Fracking presented case studies from Mexico, where communities’ access to water had been compromised by fracking operations; Santiago Cané, from Argentina’s Environmental and Natural Resources Foundation (FARN), exposed the pollution, direct harms, lack of consultation with, and persecution of the communities of Neuquén; and Doris Estela Gutiérrez, president of the Corporation for the Defense of Water, Territory, and Ecosystems (CORDATEC), spoke about the promotion of public consultations in Colombia, as well as the criminalization of and threats to environmental defenders in the country. We emphasized that betting on hydrocarbons and promoting fracking undermines the fight against climate change, since fracking emits methane and other greenhouse gases that accelerate global warming. It was a challenge, to be sure. But we wanted to ensure everyone’s voice was heard. To listen, and learn: a window of hope Based on the response of the Commissioners, it was clear that our case had opened a window of hope. The multifaceted character of fracking—including aspects of development, pollution, climate change and human rights—had captured their interest. Not only was this the first time that fracking had been discussed before of the Commission, it’s worth noting that five speakers had summarized the concerns of more than 120 petitioners, all of whom shared one common cause. What came next was a dialogue in which we responded to the Commissioners’ questions about the technique, their concerns about development in the region, water quality, harms to public health, and concerns about fracking moving nations further away from their climate goals. We requested that the Commission urge States to: adopt measures to avoid human rights violations caused by fracking; generate public, truthful and impartial information based on scientific evidence; and protect human rights protections in cases where the technique is advancing blindly. Going forward, we asked that the Commission follow up on the issue, particularly on the negative impacts fracking has on economic, social and cultural rights; on the lives of women, children and adolescents; and on the lives and territories of indigenous peoples. We requested that the Commission follow up on the attacks against human rights defenders and seek protective measures for those at risk. Of course, questions remain, and at the Alliance we’ve identified many more concerns for the region. But this moment has strengthened us. The hearing set regional precedents and made use of the arguments of Advisory Opinion 23, which the Inter-American Court of Human Rights issued on human rights and the environment. It is clear that this moment was a small, but vital, step forward, and that there are ears willing to listen. For our part, we will continue doing everything in our power—making use of all available international legal tools—to protect the communities of the Americas that are and could be affected by fracking.
Read more
Behind the Dams: BNDES Investments in Belo Monte and Hidroituango
To change, one must understand. To understand, discuss. And to discuss, we present this report. In it, we analyze the application of existing international standards for hydroelectric plants through the lens of two of the most significant investments in the history of the BNDES: Hidroituango and Belo Monte. The analysis reveals evidence and offers conclusions and recommendations to the Bank, as well as to the organizations and communities involved. They are concrete elements to help improve the future performance of the financial institution. We hope that these contributions strengthen the dialogue with the BNDES, and facilitate the identification of options toward greater compliance with the values the bank has adopted, particularly those of transparency and social and environmental responsibility. Read the executive summary Read the complete report in Spanish Download the Executive Summary in Spanish Read the complete report in Portuguese Read the Executive Summary in Portuguese
Read more