Nicaragua: An Opportunity for Democratic Solidarity

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By Inés M. Pousadela
MONTEVIDEO, Uruguay, Feb 22 2023 (IPS)

On 9 February, Nicaragua’s dictator, Daniel Ortega, unexpectedly ordered the release of 222 political prisoners, including several former presidential candidates, opposition party leaders, journalists, priests, diplomats, businesspeople and former government supporters branded as enemies for expressing mild public criticism.

Also released were several members and leaders of civil society organisations (CSOs) and social movements, including student activists and environmental, peasant and Indigenous rights defenders. Some had been arrested on trumped-up charges for taking part in mass protests in 2018 and stuck in prison for more than four years.

But the Ortega regime didn’t simply let them go – it put them on a charter flight to the USA and before their plane had even landed permanently stripped them of their Nicaraguan nationality and their civil and political rights. The government made clear it wasn’t recognising their innocence; it was only commuting their sentences.

The rise of a police state

Ever since being re-elected in a blatantly fraudulent election in November 2021, Ortega has sought to make up for his lack of democratic legitimacy by establishing a police state. The regime effectively outlawed all civil society and independent media, closing more than 3,000 CSOs and 55 media outlets. It subverted the judicial system to falsely accuse, convict and imprison hundreds of critics and intimidate everyone else into compliance.

Political prisoners have been treated with purposeful cruelty, as though they’re enemy hostages – kept in isolation, either in the dark or under permanent bright lighting, given insufficient food and refused medical care, subjected to constant interrogations, denied legal counsel and allowed only irregular visits by family members, if at all. Psychological torture has been a constant, and many have been also subjected to physical torture.

The release of some prisoners hasn’t signalled any improvement in conditions or move towards democracy, as made clear by the treatment experienced by one political prisoner, Catholic bishop Rolando Álvarez, who refused to board the plane to the USA.

In retaliation for his refusal to leave the country, his trial date was brought forward and held immediately, in the absence of any procedural safeguards. It predictably resulted in a 26-year sentence. Álvarez was immediately sent to prison, where he remains alongside dozens of others.

Stripped of citizenship

The constitutional amendment stripping the 222 released political prisoners of their citizenship states that ‘traitors to the homeland shall lose the status of Nicaraguan nationals’ – even though the constitution establishes that no national can be deprived of their nationality.

It was an illegal act on top of another illegal act. No one can be deported from their own country: what the regime called a deportation was a banishment, something against both domestic law and international human rights standards.

On 15 February, the regime doubled down: it stripped 94 more people of their nationality. Those newly declared stateless included prominent political dissidents, civil society activists, journalists and the writers Gioconda Belli and Sergio Ramírez, both of whom had held government positions in the 1980s. Most of the 94 were already living in exile. They were declared ‘fugitives from justice’.

Mixed reactions

By rendering 326 people stateless, the Nicaraguan dictatorship fuelled instant international solidarity. On 10 February, the Spanish government offered the 222 just-released prisoners Spanish citizenship – an offer many are bound to accept. On 17 February, more than 500 writers around the world rallied around Belli and Ramírez and denounced the closure of civic space in Nicaragua.

In Argentina, the Roundtable on Human Rights, Democracy and Society sent an open letter to President Alberto Fernández to request he offer Argentinian nationality to all Nicaraguans stripped of theirs.

But Argentina, alongside most of Latin America, has looked the other way. Its silence suggests that democratic consensus across the region is more fragile and superficial than might be hoped, with willingness to condemn rights violations depending on the ideological leanings of those who carry them out.

Currently all the region’s big democracies – Argentina, Brazil, Chile, Colombia and Mexico – have governments that define themselves as left-wing. But only one of their presidents, Chile’s Gabriel Boric, has consistently criticised Nicaragua’s authoritarian turn. In response to the latest developments he tweeted a personal message of solidarity with those affected, calling Ortega a dictator. The rest have either issued mild official statements or simply remained silent.

Now what?

The Nicaraguan government insisted that releasing the prisoners was its own decision. The fact it was accompanied by further violations of released prisoners’ rights was meant as a demonstration of power.

But the move looks like it was made in the expectation of receiving something in return. The Nicaraguan government has long demanded that US sanctions be lifted; at a time when one of its closest ideological allies, Russia, is unable to provide any significant support, Nicaragua needs the USA more than ever. But the US government has always said the release of political prisoners must be the first step towards negotiations.

Given this, the unilateral surrender of people it considers dangerous conspirators to the state it proclaims is its worst enemy doesn’t seem much like a show of force. And if it isn’t, then it’s a valuable advocacy opportunity. The international community must push for the restoration of civic space and the return of free, fair and competitive elections. The first step should be to support the hundreds who’ve been expelled from their own country, as the future builders of democracy in Nicaragua.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

 


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Venezuela: The End of Civil Society as We Know It?

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Civil Society, Crime & Justice, Featured, Gender Violence, Headlines, Human Rights, Latin America & the Caribbean, TerraViva United Nations

Opinion

MONTEVIDEO, Uruguay, Feb 16 2023 (IPS) – In late January, the UN High Commissioner for Human Rights, Volker Türk, finished an official visit to Venezuela. He said he’d found a fragmented society in great need of bridging its divides and encouraged the government to take the lead in listening to civil society concerns and responding to victims of rights violations.

But Venezuelan civil society had hoped for more. Two days before his arrival, the National Assembly, Venezuela’s congress, had approved the first reading of a law aimed at further restricting and criminalising civil society work. International civil society urged the High Commissioner to call for the bill to be shelved. Many found the UN’s response disappointing.

Another turn of the screw

The bill imposes further restrictions on civil society organisations (CSOs). If it becomes law, CSOs will have to hand over lists of members, staff, assets and donors. They’ll be obliged to provide detailed data about their activities, funding sources and use of financial resources – the kind of information that has already been used to persecute and criminalise CSOs and activists. Similar legislation has been used in Nicaragua to shut down hundreds of CSOs and arrest opposition leaders, journalists and human rights defenders.

The law will ban CSOs from conducting ‘political activities’, an expression that lacks clear definition. It could easily be interpreted as prohibiting human rights work and scrutiny of the government. There’s every chance the law will be used against human rights organisations that cooperate with international human rights mechanisms. This would endanger civil society’s efforts to document the human rights situation, which produces vital inputs for the UN’s human rights system and the International Criminal Court, which has an ongoing case against Venezuela.

The law-making process has been shrouded in secrecy: the draft bill wasn’t made publicly available and wasn’t discussed at the National Assembly before being approved. The initiative was immediately denounced as a tool to control, restrict and potentially shut down CSOs and criminally prosecute their leaders and staff. If implemented, it could mean the end of civil society as we know it in Venezuela.

The UN and Venezuela

The previous High Commissioner, Michelle Bachelet, visited Venezuela in September 2019. She was criticised for taking a cautious approach. Moreover, most of the commitments in the agreement the government signed with her were never fulfilled.

Following that visit, the UN Human Rights Council established the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela (FFMV), tasked with investigating alleged human rights violations. In September 2022, the FFMV issued a report detailing the involvement of Venezuela’s intelligence agencies in repressing dissent, including by committing human rights violations such as torture and sexual violence.

But intimidation only grew as Türk’s visit approached, with some protest leaders put under surveillance, followed and detained.

Venezuelan CSOs called for a more energetic approach, but Türk followed his predecessor’s footsteps. His visit was characterised by secrecy and brevity, particularly in terms of the time dedicated to engaging with civil society.

Bachelet’s agreement with the government had included the presence of a two-person UN team to monitor the human rights situation and provide assistance and advice. This has now been extended for two years, but the details haven’t been made public.

Civil society activists have continued to work closely with the UN field office and wouldn’t want to risk its presence in the country, so to some extent they understand Türk’s caution in dealing with the Venezuelan government. But they also view his visit as a missed opportunity.

Türk’s statement to the media at the end of his visit was very much focused on the political and economic crises and healing divisions in society, with human rights ‘challenges’ occupying third place on his list of major concerns.

Alerta Venezuela, a Colombia-based human rights group, recognised the references Türk made to ‘new issues’ – such as the need for Venezuela to sign the Escazú Agreement on environmental rights and decriminalise abortion – alongside ongoing human rights violations such as extrajudicial executions, arbitrary arrests and torture. But it criticised crucial omissions and the UN’s apparent willingness to take government data at face value.

On the anti-NGO bill, the High Commissioner said he’d asked the government to take into account his comments but didn’t provide any information about their content, so it isn’t clear whether he advocated for amendments to a law that can only remain deeply flawed or for it to be shelved – which is what civil society wanted him to do.

The Venezuelan government has all along paid only lip service to cooperation with the UN and hasn’t kept its promises. Repression is only going to intensify in the run-up to the presidential election scheduled for 2024. Any strategy that involves trusting the government and hoping it will change its position seems doomed to failure.

High-level human rights advocacy needed

More energetic criticism came from the independent and less politically constrained FFMV, which expressed ‘deep concerns’ about the potential implications of the draft NGO law for civic and democratic space.

That is the stance civil society would like the High Commissioner for Human Rights to have taken. They want the office holder to be a human rights champion standing independent of states and unafraid of causing a stir.

Türk is only five months into his four-year term. Civil society will keep doing its best to engage, in the hope that the UN High Commissioner for Human Rights can become the human rights advocate the world – and Venezuela – need.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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China and Russia Fail to Defund UN Human Rights Work

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Civil Society, Global, Global Governance, Headlines, Human Rights, Humanitarian Emergencies, TerraViva United Nations

Opinion

UN Human Rights Council meeting in Geneva

NEW YORK, Feb 15 2023 (IPS) – United Nations member states agreed to fully fund UN human rights mechanisms that China, Russia, and their allies had sought to defund in the 2023 budget. This should set a precedent for UN human rights funding in the future.

Human Rights Watch has warned for years about China and Russia-led efforts to slash funding for UN human rights work, which was aimed at undermining decisions by the UN Human Rights Council, General Assembly, and Security Council.

During the General Assembly’s budget negotiations in late 2022, China, Russia and allies proposed a resolution to defund human rights investigations in Sri Lanka, Iran, Venezuela, Russia, Ukraine, Nicaragua, North Korea, Belarus, Syria, and Eritrea. Ethiopia proposed a resolution to defund an investigation of war crimes and abuses in Ethiopia itself.

Israel also urged states to deny funding for an International Court of Justice advisory opinion on the legal consequences of its 55-year occupation of Palestinian territory.

All these efforts failed. The Czech Republic, as European Union president, countered by proposing full funding for human rights mechanisms at the level proposed by Secretary-General António Guterres. The resolution passed by a sizable majority.

There’s more good news. Not only did the defunding efforts fail, the highly problematic recommendations put forward by the UN Advisory Committee on Administrative and Budgetary Questions (ACABQ) were rejected.

The Advisory Committee is supposed to be an independent body of experts, but in recent years, its “experts” from countries like China and Russia have been pushing their governments’ anti-human rights agendas and advocating for sharp cuts in funding for human rights work, with no good reasons.

Due to divisions between Western countries and developing states, the standard UN funding compromise had become accepting the non-binding Advisory Committee recommendations. For example, if its recommendations had been adopted, the staff and budget for the Iran commission of inquiry would have been cut in half.

UN member countries should treat the successful UN budget outcome as a blueprint for the future. The job of the Fifth Committee – which oversees UN budget matters – is to allocate resources, not question mandates approved by UN legislative bodies.

They should also reform or replace the Advisory Committee on Administrative and Budgetary Questions with an advisory body staffed by genuinely independent experts, not diplomats doing the bidding of their governments.

Meanwhile, UN delegations should build on this success and ensure reliable full funding for all UN human rights mandates.

Louis Charbonneau is UN Director Human Rights Watch

IPS UN Bureau

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Outlook for 2023: Children in ‘Polycrisis’

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Armed Conflicts, Civil Society, Global, Global Governance, Headlines, Human Rights, Humanitarian Emergencies, TerraViva United Nations

Opinion

A family walks past a heavily damaged building in Borodianka, Ukraine. Multiple threats are converging to leave families reeling. But putting children at the centre of the response can help shape a brighter future. Credit: UNICEF/UN0765276/Filippov

UNITED NATIONS, Feb 14 2023 (IPS) – The year 2022 was incredibly difficult for people around the world. We were confronted by a series of major crises, including a continuing pandemic, a major war in Europe, an energy crisis, rising inflation and food insecurity.

These events hit children particularly hard, compounding the already severe impacts of the COVID-19 pandemic. Millions of children had to flee their homes because of conflict or extreme weather events. At the same time, child malnutrition and the number of children in need of humanitarian assistance rose.

The war in Ukraine, for example, has led to higher food and energy prices, which in turn has contributed to rising global hunger and inflation. Efforts to address inflation through rising interest rates in the US have driven up the value of the dollar against other currencies, making developing countries’ imports, debt repayments and their ability to access external financing more difficult.

As we explain in our new report, ‘Prospects for Children in the Polycrisis: A 2023 Global Outlook’, these realities have added up to what has been termed a ‘polycrisis’ – multiple, simultaneous crises that are strongly interdependent.

As we look to 2023, it’s clear that the polycrisis is likely to continue shaping children’s lives. The effects of these intertwined and far-reaching trends will be difficult to untangle, and solutions will be difficult to find as policymakers struggle to keep up with multiple urgent needs.

The situation is particularly dire in economically developing countries. Higher food and energy prices have contributed to a rise in global hunger and malnourishment, with children among the most affected.

The polycrisis is also limiting access to healthcare for many children, making it harder for them to receive treatment and routine vaccinations. Recovery from learning losses caused by the closure of schools will be slow and felt for years to come, while the shift to remote learning has left children from low-income families facing the greatest challenges in catching up.

At the same time, the combination of higher financing needs, soaring inflation and a tighter fiscal outlook will widen the education financing gap needed to achieve the Sustainable Development Goals.

Climate change, too, is also a part of this polycrisis, with visible effects, including devastating floods in Pakistan and droughts in East Africa, making it harder for children to access education, food and healthcare, and causing widespread displacement of populations.

All these factors have led UNICEF to estimate that 300 million children will be in need of humanitarian assistance this year. This staggering number highlights the urgency for international organizations and governments to step in and provide assistance.

But the polycrisis doesn’t have to lead to further instability or, ultimately, systemic breakdown. Some of the stresses we saw in 2022 have already weakened, and new opportunities may arise to alleviate the situation.

For example, food and oil prices have dropped from their peaks, and good harvests in some countries may help to lower global food prices. Fortunately, we know there are solutions and strategies that work.

One potential solution is to increase investment in social protection programmes, such as cash transfers and food assistance, which can help alleviate the immediate economic impacts of the polycrisis on families. These programmes can also help to build resilience and reduce vulnerabilities.

The establishment of learning recovery programmes will help tackle the learning losses and prevent children from falling further behind. And early prevention, detection and treatment plans for severe child malnutrition have been effective in reducing child wasting.

Ultimately, a coordinated and collective effort is needed to protect the rights and well-being of children. This includes not only providing immediate assistance but also addressing the underlying causes of the polycrisis and building resilience for the future.

This cannot be achieved without a more coordinated and collective effort from international organizations and governments to help mitigate the effects of the polycrisis and protect children’s futures.

And, crucially, we must listen to children and young people themselves so that we can understand the future they want to build and live in. In fact, we followed this approach when we were assessing trends for ‘Prospects for Children in the Polycrisis’, asking young people from across the world age 16 to 29 to give us their views on some of the challenges their generation faces.

It’s critical that we take action to protect the most vulnerable among us. The future may be uncertain, but by working together we can help to build a better future for our children.

Jasmina Byrne is Chief of Foresight and Policy, UNICEF Innocenti – Global Office of Research and Foresight.

‘Prospects for Children in the Polycrisis: A 2023 Global Outlook’, produced by UNICEF Innocenti – Office of Global Research and Foresight, unpacks the trends that will impact children over the next 12 months.

Source: UNICEF

IPS UN Bureau

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Humanitarian Aid to Earthquake Victims Hindered by Politics– & Limited Access

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Civil Society, Development & Aid, Editors’ Choice, Featured, Global, Headlines, Humanitarian Emergencies, TerraViva United Nations

Credit: World Health Organization (WHO)

UNITED NATIONS, Feb 13 2023 (IPS) – As the toll in last week’s earthquakes in Turkey and Syria exceeds a staggering 28,000 people dead and more than 78,000 injured–and counting– the United Nations is in an emergency-footing struggling to provide humanitarian aid, along with several international humanitarian organizations.

The devastated cities in both countries—by an earthquake described as one of the world’s top 10 deadliest in history at a magnitude of 7.8— are urgently in need of food, water, medicine, clothes and shelter—even as after-shocks have triggered the collapse of additional buildings with a new search for more survivors in a doomed scenario.

But the flow of aid is being hindered by several factors, including power politics, sanctions and limited border crossings in a 12-year long civil war in conflict-ridden Syria.

Asked about these limitations, UN Secretary-General Antonio Guterres told reporters last week: “This is the moment of unity, not to politicize or to divide, but it is obvious that we need massive support, and so I would be of course very happy if the Security Council could reach a consensus to allow for more crossings to be used, as we need also to increase our capacity to deliver on crossline operations into Idlib from Damascus.”

Over the years, Russia and China, two veto-wielding permanent members of the Security Council, have remained supportive of Syrian President Bashar al-Assad, while the remaining three permanent members, the US, UK and France, have been critical of Assad’s authoritarian regime accused of war crimes and use of chemical weapons.

But the humanitarian crisis in Syria is not likely to change the power politics in a divided Security Council.

Louis Charbonneau, United Nations Director at Human Rights Watch, told IPS: “We hope the UN Security Council moves quickly and Russia won’t block expansion of cross-border aid, as the secretary-general has requested.”

But Security Council approval, he pointed out, is not a legal prerequisite to conduct cross-border aid operations into Syria. Cooperation from de facto authorities on both sides of any border, in line with humanitarian law obligations, is.

“If the Security Council is deadlocked, and the UN determines it’s feasible and safe, the UN should push ahead to address the crisis and help victims,” he declared.

The White Helmets, a civil society organization which has been operating in opposition-held areas in Syria, was critical of the slow movement of aid.

“Had international rescue teams come into Syria in the first hours, or even the second day, there was a big hope that these people who were under the ruins could have been brought out alive”, Mohamed al—Shibli of the White helmets was quoted as saying.

At his press briefing, Guterres said: the first United Nations convoy crossed into northern Syria through the Bab al-Hawa crossing, and it included 6 trucks carrying shelter and other desperately needed relief supplies. “More help is on the way, but much more, much more is needed.”

But the New York Times ran a hard-hitting story February 10 under the headline: “UN Aid Trickles into Syria, but Residents say it is too Little, too Late”.

Still, the UN and its agencies have responded with all the means at their disposal, including assistance from the International Organization for Migration (IOM), the World Food Programme (WFP), the UN children’s agency UNICEF, the World Health Organization (WHO), the UN Population Fund (UNFPA), among others, and a task force led by the Emergency Relief Coordinator Martin Griffiths.

After his arrival in the Syrian capital February 12, United Nations Special Envoy for Syria
Geir O. Pedersen told reporters the earthquake was “one of the biggest humanitarian or natural disasters that we have seen recently”.

While expressing his condolences, he said: “And I think, you know, when we see the images, the heartbreaking images, we really feel the suffering. But we’re also seeing a lot of heroism, you see, you know, individuals, civilians, humanitarians trying to save lives, and it is this effort that we need to support.”

He assured that “the UN humanitarian family will do whatever they can to reach out to everyone that needs support. So, we are trying to mobilize whatever support there is. We are reaching out to countries, we are mobilizing funding, and we’re trying to tell everyone to put politics aside because this is a time to unite behind a common effort to support the Syrian people”.

Still, Pendersen said: “We need all the access we can have, crossline, cross-border and we need more resources. So, I’m in close touch with the UN humanitarian family, we’re working together to try to mobilize this support and that of course is my key message during this visit to Syria.

The issue of access was also raised by the US Ambassador to the UN Linda Thomas-Greenfield who said last week that she spoke with Presidents of InterAction and the International Rescue Committee, who both underscored the dire situation on the ground as humanitarian workers and first responders attempt to save lives while also facing personal tragedy.

She also spoke with representatives of Save the Children, CARE, and the White Helmets, who described the urgent need for shelter, clean water, and cash assistance, as well as increased access into Syria to allow local NGOs to deliver life-saving aid.

Ambassador Thomas-Greenfield voiced U.S. support for additional cross-border access points from Türkiye into northwest Syria to facilitate deliveries of earthquake-specific aid. She commended the search and rescue efforts by the White Helmets, which have saved thousands of people from collapsed buildings in northern Syria.

So far, the UN has released about $50 million from its emergency fund. But it is making a “Flash Appeal” for more funds from the international community.

Asked how much was needed, UN Spokesperson Stephane Dujarric said February 9: “We are trying to figure out how much. We’re still doing the needs assessment and I would also encourage – the public can also give through on the OCHA (Office for the Coordination of Humanitarian Affairs) website, the UN Foundation websites. There are ways for people, for the public to give to the appeal,” he said.

Meanwhile, the crisis in Turkey has also been tainted with domestic politics. The slow or belated response has been blamed on the Turkish government led by President Recep Tayyip Erdogan, up for re-election on May 14.

Kemal Kilicdaroglu, the leader of the opposition party and a potential presidential candidate, was quoted as saying: “It is the ruling party that has not prepared the country for an earthquake for 20 years”.

IPS UN Bureau Report

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Pact Protecting Environmentalists Suffers Threats in Mexico

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Active Citizens, Civil Society, Conservation, Editors’ Choice, Environment, Global Governance, Headlines, Human Rights, Indigenous Rights, Latin America & the Caribbean, Regional Categories

Environment

A mining waste deposit in the center of the municipality of Topia, in the northern Mexican state of Durango, threatens the air, water and people’s health. The Escazú Agreement, In force since 2021, guarantees access to environmental information and justice in Latin American countries, as well as public participation in decision-making on these issues. CREDIT: Emilio Godoy/IPS

A mining waste deposit in the center of the municipality of Topia, in the northern Mexican state of Durango, threatens the air, water and people’s health. The Escazú Agreement,
In force since 2021, guarantees access to environmental information and justice in Latin American countries, as well as public participation in decision-making on these issues. CREDIT: Emilio Godoy/IPS

MEXICO CITY, Feb 7 2023 (IPS) – In the municipality of Papantla, in the southeastern Mexican state of Veracruz, the non-governmental Regional Coordinator of Solidarity Action in Defense of the Huasteca-Totonacapan Territory (Corason) works with local communities on empowering organizations, advocacy capacity in policies and litigation strategies.

“This participation with organizations that work at the national level and have the capacity to influence not only the legal field is important,” Corason coordinator Alejandra Jiménez told IPS from Papantla. “They are able to bring injunctions, and this is how they have managed to block mining projects, for example.”

“Up to now, the Escazú Agreement is dead letter, that is the history of many laws in Mexico. Environmentalists have clearly suffered from violence, and let’s not even mention access to information, where there have even been setbacks.” — Alejandra Jiménez

She was referring to the collaboration between locally-based civil society organizations and others of national scope.

Since its creation in 2015, Corason has supported local organizations in their fight against the extraction of shale gas through hydraulic fracturing or fracking, a highly polluting technique that uses large volumes of water and chemicals, in Veracruz and Puebla, as well as mining and hydroelectric plants in Puebla.

Cases like this abound in Mexico, as they do throughout Latin America, a particularly dangerous region for environmentalists.

Activists agreed on the challenges involved in enforcing the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement, seen as a tool to mitigate dangers faced by human rights defenders in environmental matters.

A case that has been in the hands of Mexico’s Supreme Court since August 2021 is currently addressing the power of organizations to express their disagreement with environmental decisions and will outline the future of environmental activism in this Latin American country of some 130 million people, and of the enforcement of the Escazú Agreement.

The origin of the case lies in two opposing rulings by Mexican courts in 2019 and 2020, in which one recognized the power of organizations and the other rejected that power. As a result, the case went to the Supreme Court, which must reach a decision to settle the contradiction.

In August 2022 and again on Jan. 25 this year, the Supreme Court postponed its own verdict, which poses a legal threat to the megaprojects promoted by the government of President Andrés Manuel López Obrador, a staunch defender of the country’s oil industry.

Gustavo Ampugnani, general director of Greenpeace Mexico, said the case was an alert to the Escazú Agreement, and that it should not represent a setback for the defense of the environment.

“The significance lies in the risks involved in a wrong decision by the Supreme Court on how to resolve this existing contradiction. If the Court decides that the legal creation of an environmental organization is not enough and that other elements are required, it would limit citizen participation and access to justice,” he told IPS.

Environmentalists are waiting for their Godot in the form of the novel agreement, to which Brazil and Costa Rica do not yet belong, to improve their protection.

The treaty, in force since April 2021 and which takes its name from the Costa Rican city where it was signed, guarantees access to environmental information and justice, as well as public participation in environmental decision-making. It thus protects environmentalists and defenders of local land.

Mexico’s foreign ministry, which represented this country in negotiating the agreement, has identified a legislative route to reform laws that make its application possible and promote the integration of a multisectoral group with that same purpose.

Escazú has been undermined in Mexico by López Obrador’s constant attacks against defenders of the environment, whom he calls “pseudo-environmentalists” and “conservatives” for criticizing his policies, which they describe as anti-environmental and extractivist.

For this reason, a group of organizations and activists requested in a letter to the foreign ministry, released on Feb. 2, details of the progress in the creation of inter-institutional roundtables, selection of indicators, creation of protection mechanisms, and training of officials, including courts, while demanding transparency, inclusion and equity in the process.

Activists from the southern Mexican state of Puebla protest the activities of a water bottling company, on Apr.19, 2021. Environmentalists face serious threats in Mexico, where the Escazú Agreement, which since 2021 provides guarantees to these activists in Latin American countries, has not been applied. CREDIT: Emilio Godoy/IPS

Activists from the southern Mexican state of Puebla protest the activities of a water bottling company, on Apr.19, 2021. Environmentalists face serious threats in Mexico, where the Escazú Agreement, which since 2021 provides guarantees to these activists in Latin American countries, has not been applied. CREDIT: Emilio Godoy/IPS

High risk

In 2021, there were 200 murders of environmentalists around the world, a slight decrease from 227 the previous year, according to a report by the London-based non-governmental organization Global Witness.

Latin America led these crimes, accounting for 157 of the killings, with a slight decline from 165 the previous year. Mexico topped the list with 54 murders, compared to 30 in 2020. Colombia ranked second despite the drop in cases: 33, down from 65 in 2020, followed by Brazil (26 vs. 20), Honduras (eight vs. 17) and Nicaragua (13 vs. 12).

The attacks targeted people involved in opposition to logging, mining, large-scale agribusiness and dams, and more than 40 percent of the victims were indigenous people.

In Mexico there are currently some 600 ongoing environmental conflicts without a solution from the government, according to estimates by the Ministry of Environment and Natural Resources.

The most recent case was the Jan. 15 disappearance of lawyer Ricardo Lagunes and indigenous activist Antonio Díaz, an opponent of mining in the western state of Michoacán, which the United Nations High Commissioner for Human Rights has demanded be urgently clarified.

One year after it came into force, the Escazú Agreement is facing major challenges, especially in countries such as Brazil, Colombia, Guatemala, Honduras, Mexico and Nicaragua, where environmentalists face particular risks.

Olimpia Castillo, coordinator of the non-governmental organization Communication and Environmental Education, said the context sends out a warning.

“It is a very interesting round, because article 10 (of the agreement) refers to highlighting the participation of the organizations. That article could be violated, which would mean a major limitation. These are things that as a country we are going to have to face up to,” the activist, who participated in the negotiation of the agreement as a representative of civil society, told IPS.

In Mexico, compliance with the agreement has already faced hurdles, such as the November 2021 decree by which López Obrador declared his megaprojects “priority works for national security”, thus guaranteeing provisional permits, in contravention of the treaty.

Dispute resolution

Activists are already planning what to do if the Supreme Court hands down a negative verdict: they will turn to the Escazú Agreement dispute resolution mechanism – although the signatory countries have not actually designed it yet.

“We would consider turning to the treaty to resolve the issue. Environmental activism is highly dangerous. But that should not set aside the right of organizations to intervene in decisions. Activists and organizations must be given tools to use regional agreements, because what is happening in the country is very serious,” said Greenpeace’s Ampugnani.

Castillo’s organization is working to raise awareness about the agreement. “If no one knows it exists and that they are obliged to comply with it, how do we make them do it? There are still informative processes in which an application has not yet received a response. We have to demand compliance. There are conditions to apply the agreement. But we need political will to comply with it and to get the word out about it,” she said.

Corason’s Jiménez questioned whether the treaty was up-to-date. “Up to now, the Escazú Agreement is dead letter, that is the history of many laws in Mexico. Environmentalists have clearly suffered from violence, and let’s not even mention access to information, where there have even been setbacks. There is an environment that hinders progress,” she said.

In her view, it is not in the interest of governments to apply the agreement, because it requires participation, information and protection in environmental issues.

In March 2022, the first meeting of the Conference of the Parties to the Escazú Agreement took place, which focused on its operational issues and other aspects that the countries will have to hash out before the next summit is held in 2024.

The Supreme Court, which has not yet set a date for handing down its ruling, is caught between going against the government if it favors environmental organizations or hindering respect for the agreement. For now, the treaty is as far from land as Mexico City is from Escazú: about 1,925 kilometers.

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