Mandela Day Reminder to Stand Witness to Human Rights Defenders

Nelson Mandela, then Deputy President of the African National Congress of South Africa, raises his fist in the air while addressing the Special Committee Against Apartheid in the General Assembly Hall, June 22, 1990. Global alliance CIVICUS commemorated Mandela Day with a reminder that many rights defenders are jailed and intimidated. Credit: UN Photo/Pernaca Sudhakaran

Nelson Mandela, then Deputy President of the African National Congress of South Africa, raises his fist in the air while addressing the Special Committee Against Apartheid in the General Assembly Hall, June 22, 1990. Global alliance CIVICUS commemorated Mandela Day with a reminder that many rights defenders are jailed and intimidated. Credit: UN Photo/Pernaca Sudhakaran

By Joyce Chimbi
NAIROBI , Jul 18 2023 (IPS)

As human rights increasingly deteriorate, rights defenders are being violently suppressed. Abducted, detained, tortured, and humiliated, many now live one day at a time. They have been told, in no uncertain times, that anything could happen. They are now asking the global community to stand as a witness.


“Like Nelson Mandela was, hundreds of human rights defenders around the world are in prison for their human rights activities. Just like him, they are unjustly treated, fictitious charges levelled against them and handed the most serious sentences that are often used against criminals. One of our priorities is to work with human rights defenders to advocate for their release,” says David Kode from CIVICUS, a global alliance of civil society with a presence in 188 countries around the world.

Inspired by the life story of the late iconic South African President Nelson Mandela, the Stand As My Witness Campaign was launched on Nelson Mandela Day in 2020 by CIVICUS, its members and partners.

In commemoration of the third anniversary of the Stand As My Witness campaign, CIVICUS and its partners, including human rights defenders, hosted a public event titled, ‘Celebrating Human Rights Defenders through Collaborative Advocacy Efforts’, to celebrate the brave contributions of human rights defenders and raise awareness about those who are still in detention.

David Kobe said that CIVICUS had profiled at least 25 human rights defenders since the Stand As My Witness Campaign started three years ago. Credit: Joyce Chimbi/IPS

David Kobe said that CIVICUS had profiled at least 25 human rights defenders since the Stand As My Witness Campaign started three years ago. Credit: Joyce Chimbi/IPS

“Over the last three years, we have profiled more than 25 human rights defenders collectively because some human rights defenders are profiled as individuals and others, such as those in Burundi, are profiled as a group because they were arrested as a group. More than 18 human rights defenders have been released over the last three years. As we celebrate, we must recognize that the journey has just started, it is quite long, and the battle is far from over,” Kode said.

The event brought together families and colleagues of detained human rights defenders, previously detained human rights defenders, representatives from the Office of the High Commissioner for Human Rights (OHCHR) and other human rights mechanisms and civil society organisations.

Lysa John, the Secretary General of CIVICUS, spoke about how special Mandela Day is, for it is the one day of the year when the spirit of solidarity is celebrated in his memory. It is also a day to look back at what has been achieved and how much more could be achieved in solidarity.

She further addressed issues of civic space restrictions, closure of civic space and how these restrictions impact societies and individuals. John stressed that the event was held in the context of the 25th anniversary of the adoption of the UN Declaration on Human Rights Defenders and the 75th anniversary of the UNDHR or Human Rights 75 to promote their objectives.

“One-third of the population of the world live in contexts which are closed. Where attacks on people who speak out or exercise their civic freedoms are attacked or arrested without any accountability. More and more people in the world, in fact, the largest section of the world, estimated at 44 percent live in countries where civic space and civic freedoms are restricted. In this regard, civic society is more than ever reinventing itself, and there is increased support for them,” she said.

Birgit Kainz from OHCHR spoke about the importance of bringing to life the UN Declaration on Human Rights Defenders for its adoption was a consensus that human dignity is at the core of everything.

She spoke about the need to be deliberate in the defence of civic space as it enables people to shape their future and that of their children. Kainz said that protection and security are two sides of the same coin and urged participants to network and connect to improve civic space and to also play a complementary role. Further emphasizing the need to maintain data, especially about who is in detention and where in line with SDGs.

Maximilienne Ngo Mbe from Cameroon is one of the most prolific human rights defenders in Africa. She spoke about the need to create safe spaces for women rights defenders. Photo Joyce Chimbi.jpg

Maximilienne Ngo Mbe from Cameroon is one of the most prolific human rights defenders in Africa. She spoke about the need to create safe spaces for women rights defenders. Credit: Joyce Chimbi/IPS

Maximilienne Ngo Mbe spoke about the life and times of human rights defenders today. She is one of the most prolific human rights defenders in Africa and continues to receive a lot of restrictions for her fearless human rights activities that often have her fleeing from Cameroon to other countries for safety.

“We need a network for women rights defenders because of the special challenges they face as girls, wives, mothers and vulnerable people. Women are engaging less and less because of these challenges and the multiple roles they play in society,” she said.

The event was an opportunity for released human rights defenders such as Maria Esperanza Sanchez from Nicaragua to speak about resilience in the face of brutal regimes. She spoke about how armed men often came to her house to threaten and intimidate her. Of her arrest, humiliation and torture in 2020, being sentenced to 10 years in prison and her eventual release.

It was also an opportunity to speak on behalf of those who cannot. They include Khurram Parvez, a prolific human rights defender in India. At the time of his arrest for human rights activities, he was leading two critical organizations at the national and regional levels.

Parvez is being charged as a terrorist. His story aligns with that of Kenia Hernandez, a 32-year-old indigenous Amuzga woman, mother of two, lawyer and an advocate for human rights who is currently detained in a maximum-security prison in Mexico and has been sentenced to 21 years. Her story is illustrative of the high-risk female rights defenders and people from marginalized groups face.

Ruben Hasbun from Global Citizen spoke about how to effectively advocate for the release of human rights defenders, sharing lessons from Stand As My Witness campaigners.  The event further opened up space to address the role of the private sector.

Christopher Davis from Body Shop, a brand that continues to be at the forefront of supporting human rights and rights defenders, fighting social and environmental injustice.

At the end of the session, participants were invited to sign a petition to have the United Arab Emirates immediately and unconditionally release all those detained solely for the exercise of their human rights and end all abuse and harassment of detained critics, human rights defenders, political opposition members, and their families.

IPS UN Bureau Report

 


!function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0],p=/^http:/.test(d.location)?’http’:’https’;if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src=p+’://platform.twitter.com/widgets.js’;fjs.parentNode.insertBefore(js,fjs);}}(document, ‘script’, ‘twitter-wjs’);  

IPS – UN Bureau, IPS UN Bureau Report, CIVICUS

Source

Chile: New Constitution in the Hands of the Far Right

Credit: Martín Bernetti/AFP via Getty Images

By Inés M. Pousadela
MONTEVIDEO, Uruguay, May 19 2023 (IPS)

On 7 May, Chileans went to the polls to choose a Constitutional Council that will produce a new constitution to replace the one bequeathed by the Pinochet dictatorship – and handed control to a far-right party that never wanted a constitution-making process in the first place.


This is the second attempt at constitutional change in two years. The first process was the most open and inclusive in Chile’s history. The resulting constitutional text, ambitious and progressive, was widely rejected in a referendum. It’s now far from certain that this latest, far less inclusive process will result in a new constitution that is accepted and adopted – and there’s a possibility that any new constitution could be worse than the one it replaces.

A long and winding road

Chile’s constitution-making process was born out of mass protests that erupted in October 2019, under the neoliberal administration of Sebastián Piñera. Protests only subsided when the leaders of major parties agreed to hold a referendum to ask people whether they wanted a new constitution and, if so, how it should be drafted.

In the vote in October 2020, almost 80 per cent of voters backed constitutional change, with a new constitution to be drafted by a directly elected Constitutional Assembly. In May 2021, the Constitutional Assembly was elected, with an innovative mechanism to ensure gender parity and reserved seats for Indigenous peoples. Amid great expectations, the plural and diverse body started a one-year journey towards a new constitution.

Pushed by the same winds of change, in December 2021 Chile elected its youngest and most unconventional president ever: former student protester Gabriel Boric. But things soon turned sideways, and support for the Constitutional Assembly – often criticised as made up of unskilled amateurs – declined steadily along with support for the new government.

In September 2022, a referendum resulted in an overwhelming rejection of the draft constitution. Although very progressive in its focus on gender and Indigenous rights, a common criticism was that the proposed constitution failed to offer much to advance basic social rights in a country characterised by heavy economic inequality and poor public services. Disinformation was also rife during the campaign.

The second attempt kicked off in January 2023, with Congress passing a law laying out a new process with a much more traditional format. Instead of the large number of independent representatives involved before, this handed control back to political parties. The timeframe was shortened, the assembly made smaller and the previous blank slate replaced by a series of agreed principles. The task of producing the first draft is in the hands of a Commission of Experts, with a technical body, the Technical Admissibility Committee, guarding compliance with a series of agreed principles. One of the few things that remained from the previous process was gender parity.

Starting in March, the Commission of Experts was given three months to produce a new draft, to be submitted to the Constitutional Council for debate and approval. A referendum will be held in December to either ratify or reject the new constitution.

Rise of the far right

Compared with the 2021 election for the Constitutional Convention, the election for the Constitutional Council was characterised by low levels of public engagement. A survey published in mid-April found that 48 per cent of respondents had little or no interest in the election and 62 per cent had little or no confidence in the constitution-making process. Polls also showed increasing dissatisfaction with the government: in late 2022, approval rates had plummeted to 27 per cent. This made an anti-government protest vote likely.

While the 2021 campaign focused on inequality, this time the focus was on rising crime, economic hardship and irregular migration, pivoting to security issues. The party that most strongly reflected and instrumentalised these concerns came out the winner.

The far-right Republican Party, led by defeated presidential candidate José Antonio Kast, received 35.4 per cent of the votes, winning 23 seats on the 50-member council. The government-backed Unity for Chile came second, with 28.6 per cent and 16 seats. The traditional right-wing alliance Safe Chile took 21 per cent of the vote and got 11 seats. No seats were won by the populist People’s Party and the centrist All for Chile alliance, led by the Christian Democratic Party. The political centre has vanished, with polarisation on the rise.

 
What to expect

The Expert Commission will deliver its draft proposal on 6 June and the Constitutional Council will then have five months to work on it, approving decisions with the votes of three-fifths of its members – meaning 31 votes will be needed to make decisions, and 21 will be enough to block them. This gives veto power to the Republican Party – and if it manages to work with the traditional right wing, they will be able to define the new constitution’s contents.

 
The chances of the new draft constitution being better than the old one are slim. In the best-case scenario, only cosmetic changes will be introduced. In the worst, an even more regressive text will result.

People will have the final say on 17 December. If they ratify the proposed text, Chile will adopt a constitution that is, at best, not much different from the existing one. If they reject it, Chileans will be stuck with the old constitution that many rose up against in 2019. Either way, a once-in-a-generation opportunity to expand the recognition of rights will have been lost, and it will fall on civil society to keep pushing for the recognition and protection of human rights.

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.

 


!function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0],p=/^http:/.test(d.location)?’http’:’https’;if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src=p+’://platform.twitter.com/widgets.js’;fjs.parentNode.insertBefore(js,fjs);}}(document, ‘script’, ‘twitter-wjs’);  

Source

Racist Political System Thwarts Candidacy of Mayan Woman in Guatemala

Thelma Cabrera and Jordán Rodas launch their candidacy for the presidency and vice presidency of Guatemala in December 2022, which has been vetoed by the courts, in a maneuver that has drawn criticism from human rights groups at home and abroad. CREDIT: Twitter

Thelma Cabrera and Jordán Rodas launch their candidacy for the presidency and vice presidency of Guatemala in December 2022, which has been vetoed by the courts, in a maneuver that has drawn criticism from human rights groups at home and abroad. CREDIT: Twitter

By Edgardo Ayala
SANTA CATARINA PALOPÓ, Guatemala, Mar 4 2023 (IPS)

Centuries of racism and exclusion suffered by indigenous peoples in Guatemala continue to weigh heavily, as demonstrated by the denial of the registration of a political party that is promoting the presidential candidacy of indigenous leader Thelma Cabrera in the upcoming general elections.


On Mar. 2, the Guatemalan Constitutional Court ruled against Cabrera’s party, the leftist Movement for the Liberation of the Peoples (MLP), which had appealed a Feb. 15 Supreme Court resolution that left them out of the Jun. 25 elections.“There is a racist system and structure, and we indigenous people have barely managed to start climbing the steps, but with great difficulty and zero opportunities.” — Silvia Menchú

Cabrera’s candidacy and that of her vice-presidential running-mate Jordán Rodas are now hanging by a thread, with their hopes depending on a few last resort legal challenges.

The deadline for the registration of candidates is Mar. 25.

 

A centuries-old racist system

Guatemala’s political and economic elites “are looking for ways to keep her (Cabrera) from registering; everyone has the right to participate, but they are blocking her,” Sonia Nimacachi, 31, a native of Santa Catarina Palopó, told IPS. The municipality, which has a Cachiquel Mayan indigenous majority, is in the southwestern Guatemalan department of Sololá.

“We would like a person with our roots and culture to become president, I think it would help our people,” added Nimacachi, standing by her street stall in the center of town.

Nimacachi, a Cachiquel Mayan woman, sells “granizadas” or snow cones: crushed ice sweetened with syrup of various flavors, perfect for hot days.

“There is a racist system and structure, and we indigenous people have barely managed to start climbing the steps, but with great difficulty and zero opportunities,” Silvia Menchú, director of the K’ak’a Na’oj (New Knowledge, in Cachiquel) Association for the Development of Women, told IPS.

The organization, based in Santa Catarina Palopó, carries out human rights programs focused on indigenous women.

 

Santa Catarina Palopó, a picturesque Cachiquel Mayan town located on the shore of Lake Atitlán in the southwestern Guatemalan department of Sololá, is preparing for the upcoming general elections, where voters will choose a new president, vice president, 160 members of Congress, 20 members of the Central American Parliament, as well as 340 mayors. CREDIT: Edgardo Ayala/IPS

Santa Catarina Palopó, a picturesque Cachiquel Mayan town located on the shore of Lake Atitlán in the southwestern Guatemalan department of Sololá, is preparing for the upcoming general elections, where voters will choose a new president, vice president, 160 members of Congress, 20 members of the Central American Parliament, as well as 340 mayors. CREDIT: Edgardo Ayala/IPS

 

“Racism has prevailed, we are mistreated everywhere by the government and the authorities, we are seen as people with little capacity,” said Menchú, of the Maya Quiché ethnic group.

An alleged illegality attributed to Rodas, the vice-presidential candidate, was the cause for denying the MLP the right to register for the elections.

Analysts and social organizations perceive obscure maneuvering on the part of the powers-that-be, who cannot accept the idea that an indigenous woman is trying to break through the barriers of the country’s rigid, racist political system.

Cabrera is a 51-year-old Mayan Mam woman who is trying for a second time to run in the unequal fight for the presidency of this Central American country of 14.9 million inhabitants.

Of the total population, 43.7 percent identify as indigenous Mayan, Xinca, Garífuna and Afro-descendant peoples, according to the 2018 census.

In the 2019 elections Cabrera came in fourth place, winning 10 percent of the total votes cast.

In the Jun. 25 general elections voters will choose a new president for the period 2024-2028, as well as 160 members of Congress and 20 members of the Central American Parliament, and 340 mayors.

In Guatemala, the ancient Mayan culture was flourishing when the Spanish conquistadors arrived in the 16th century.

The descendants of that pre-Hispanic civilization still speak 24 different autochthonous languages, most of which are Mayan.

Years of exclusion and neglect of indigenous rural populations led Guatemala to a civil war that lasted 36 years (1960-1996) and left some 250,000 dead or disappeared.

 

The presidential candidacy of Thelma Cabrera, of the Movement for the Liberation of the Peoples (MLP), must be allowed by the Guatemalan authorities, so that the indigenous population is represented in the Jun. 25 elections, says Silvia Menchú, director of the K’ak’a Na’oj (New Knowledge, in Cachiquel) Association for the Development of Women. CREDIT: Edgardo Ayala/IPS

The presidential candidacy of Thelma Cabrera, of the Movement for the Liberation of the Peoples (MLP), must be allowed by the Guatemalan authorities, so that the indigenous population is represented in the Jun. 25 elections, says Silvia Menchú, director of the K’ak’a Na’oj (New Knowledge, in Cachiquel) Association for the Development of Women. CREDIT: Edgardo Ayala/IPS

 

A blatant maneuver

The Supreme Electoral Tribunal’s (TSE) rejection of the MLP arose from a complaint against Rodas, who served between 2017 and 2022 as head of the Office for the Defense of Human Rights.

In that office, Rodas strongly questioned alleged acts of corruption by the current government of Alejandro Giammattei, who took office in January 2020.

The criminal complaint against the vice-presidential candidate was filed on Jan. 6 by the current head of the Office for the Defense of Human Rights, Alejandro Córdoba.

After Cabrera and Rodas attempted to register as candidates, Córdoba said he had “doubts” about some payments allegedly received by his predecessor in the Office for the Defense of Human Rights.

His “doubts” apparently had to do with some alleged illegality on the part of Rodas, but since Córdoba has not described it in detail, his statements have been nothing but a weak half-hearted accusation.

However, that was enough for the Supreme Electoral Tribunal to reject the MLP on Feb. 2, which triggered protests by rural and indigenous people, who blocked roads in at least 12 parts of the country.

According to Guatemalan law, all candidates for popularly elected positions must have a document that attests that they have no pending legal issues.

But analysts have pointed out that this document should only take into account actual legal rulings handed down by courts, and not “doubts” vaguely expressed by some government official.

By vetoing Rodas, the TSE automatically bars his presidential runningmate Cabrera, who may actually be the ultimate target of the maneuver, since she is the one who is trying, once again, to win the votes of the indigenous population.

On Feb. 15, the MLP runningmates filed a provisional injunction with the Supreme Court, so that it would take effect immediately and overrule the TSE’s decision, while the Supreme Court studied and resolved the matter in depth.

But the injunction was rejected, so the MLP appealed the next day to the Constitutional Court, asking it to review the case and order the Supreme Court to admit the provisional injunction, to allow the fight for the registration of Cabrera and Rodas to continue forward.

But the appeal was denied Thursday Mar. 2 by the Constitutional Court.

However, the Supreme Court has not yet issued a final ruling on the injunction, but only a provisional stance. This means that when it is finally issued, if it goes against the MLP, Cabrera and Rodas could once again turn to the Constitutional Court, in a last-ditch effort.

But it seems as if the die is already cast.

In a tweet on Thursday Mar. 2, Rodas wrote: “The constitutional justice system has denied my constitutional right to be elected and denies the population the right to choose freely. We await the Supreme Court ruling on the injunction and the position of the @IACHR (Inter-American Commission on Human Rights). Our fight continues.”

 

Guatemala's political and economic elites are determined to block the candidacy of indigenous leader Thelma Cabrera, says Sonia Nimacachi, a Cachiquel Mayan woman selling snowcones in Santa Catarina Palopó, in the country's southwest. She would vote for Cabrera again, if her candidacy is finally allowed. CREDIT: Edgardo Ayala/IPS

Guatemala’s political and economic elites are determined to block the candidacy of indigenous leader Thelma Cabrera, says Sonia Nimacachi, a Cachiquel Mayan woman selling snowcones in Santa Catarina Palopó, in the country’s southwest. She would vote for Cabrera again, if her candidacy is finally allowed. CREDIT: Edgardo Ayala/IPS

 

Cabrera’s second attempt

This is Cabrera’s second attempt to run for the presidency. Her first was in the 2019 elections, when she failed to fully capture the indigenous vote.

“I would dare to think that the majority of the indigenous population did not vote for her because of those instilled prejudices: that she is a woman and also indigenous, not a professional, are issues that have nothing to do with the dignity and the quality of a person,” argued Silvia Menchú.

She added that the right-wing parties have been allies of the country’s evangelical churches, through which they keep in submission segments of the indigenous population that end up supporting conservative parties, rather than a candidate who comes from their Mayan culture.

To illustrate, she said that in Santa Catarina Palopó, a town of 6,000 people, there is only one school to cover primary and middle-school education, “but there are about 15 evangelical churches.”

The TSE’s veto of the registration of Cabrera and Rodas puts the credibility of the elections at risk, Human Rights Watch (HRW) and the Washington Office on Latin America (WOLA) warned on Feb. 27.

In a joint statement, the two organizations said the electoral authority’s rejection of aspiring candidates “is based on dubious grounds, puts political rights at risk, and undermines the credibility of the electoral process.”

“The electoral process is taking place in the context of a decline in the rule of law, in which the institutions responsible for overseeing the elections have little independence or credibility,” they stated.

In addition to Cabrera and Rodas, the TSE also rejected the registration of right-wing candidate Roberto Arzú, because he allegedly began campaigning too early.

HRW and Wola added that “efforts to exclude or prosecute opposition candidates create unequal conditions that could prevent free and fair elections from taking place.”

Meanwhile, the TSE did endorse, on Feb. 4, the presidential candidacy of Zury Ríos, daughter of General Efraín Ríos Montt, who governed de facto between 1982 and 1983.

In 2013 the general was found guilty of genocide and crimes against humanity for the massacre of more than 1,400 indigenous Ixil people in the north of the country.

He was sentenced to 80 years in prison, but the Constitutional Court later revoked the ruling. Ríos Montt died in April 2018.

Article 186 of the Guatemalan constitution prohibits people involved in coups d’état, or their relatives, for running for president.

Meanwhile, snowcone vendor Sonia Nimacachi said in the central square of Santa Catarina Palopó that she still held out hope that Cabrera would be able to register as a candidate.

“If they let her participate, I would vote for her again,” she said, while serving a customer.

Source

Pact Protecting Environmentalists Suffers Threats in Mexico

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.

  Source

Solar Energy Useless Without Good Batteries in Brazil’s Amazon Jungle

Active Citizens, Civil Society, Climate Action, Climate Change, Development & Aid, Economy & Trade, Editors’ Choice, Energy, Environment, Green Economy, Headlines, Human Rights, Indigenous Rights, Integration and Development Brazilian-style, Latin America & the Caribbean, Projects, Regional Categories

Energy

Solar panels with a capacity to generate 30 kilowatts no longer work in the Darora Community of the Macuxi people, an indigenous group from Roraima, a state in the far north of Brazil. The batteries only worked for a month before they were damaged because they could not withstand the charge. CREDIT: Boa Vista City Hall

Solar panels with a capacity to generate 30 kilowatts no longer work in the Darora Community of the Macuxi people, an indigenous group from Roraima, a state in the far north of Brazil. The batteries only worked for a month before they were damaged because they could not withstand the charge. CREDIT: Boa Vista City Hall

BOA VISTA, Brazil, Jan 25 2023 (IPS) – “Our electric power is of bad quality, it ruins electrical appliances,” complained Jesus Mota, 63. “In other places it works well, not here. Just because we are indigenous,” protested his wife, Adélia Augusto da Silva, of the same age.


The Darora Community of the Macuxi indigenous people illustrates the struggle for electricity by towns and isolated villages in the Amazon rainforest. Most get it from generators that run on diesel, a fuel that is polluting and expensive since it is transported from far away, by boats that travel on rivers for days.

Located 88 kilometers from the city of Boa Vista, capital of the state of Roraima, in the far north of Brazil, Darora celebrated the inauguration of its solar power plant, installed by the municipal government, in March 2017. It represented modernity in the form of a clean, stable source of energy.

A 600-meter network of poles and cables made it possible to light up the “center” of the community and to distribute electricity to its 48 families.

But “it only lasted a month, the batteries broke down,” Tuxaua (chief) Lindomar da Silva Homero, 43, a school bus driver, told IPS during a visit to the community. The village had to go back to the noisy and unreliable diesel generator, which only supplies a few hours of electricity a day.

“The solar panels were left here, useless. We want to reactivate them, it would be really good. We need more powerful batteries, like the ones they put in the bus terminal in Boa Vista.” — Lindomar da Silva Homero

Fortunately, about four months later, the Boa Vista electricity distribution company laid its cables to Darora, making it part of its grid.

“The solar panels were left here, useless. We want to reactivate them, it would be really good. We need more powerful batteries, like the ones they put in the bus terminal in Boa Vista,” said Homero, referring to one of the many solar plants that the city government installed in the capital.

Tuxaua (chief) Lindomar Homero of the Darora Community is calling for new adequate batteries to reactivate the solar power plant, because the electricity they receive from the national grid is too expensive for the local indigenous people. Behind him stands his predecessor, former tuxaua Jesus Mota. CREDIT: Mario Osava/IPS

Tuxaua (chief) Lindomar Homero of the Darora Community is calling for new adequate batteries to reactivate the solar power plant, because the electricity they receive from the national grid is too expensive for the local indigenous people. Behind him stands his predecessor, former tuxaua Jesus Mota. CREDIT: Mario Osava/IPS

Expensive energy

But indigenous people can’t afford the electricity from the distributor Roraima Energía, he said. On average, each family pays between 100 and 150 reais (20 to 30 dollars) a month, he estimated.

Besides, there are unpleasant surprises. “My November bill climbed to 649 reais” (130 dollars), without any explanation,” Homero complained. The solar energy was free.

“If you don’t pay, they cut off your power,” said Mota, who was tuxaua from 1990 to 2020.”In addition, the electricity from the grid fails a lot,” which is why the equipment is damaged.

Apart from the unreliable supply and frequent blackouts, there is not enough energy for the irrigation of agriculture, the community’s main source of income. “We can do it with diesel pumps, but it’s expensive; selling watermelons at the current price does not cover the cost,” he said.

“In 2022, it rained a lot, but there are dry summers that require irrigation for our corn, bean, squash, potato, and cassava crops. The energy we receive is not enough to operate the pump,” said Mota.

A photo of the three water tanks in the village of Darora, one of which holds water that is made potable by chemical treatment. The largest and longest building is the secondary school that serves the Macuxi indigenous community that lives in Roraima, in northern Brazil. CREDIT: Mario Osava/IPS

A photo of the three water tanks in the village of Darora, one of which holds water that is made potable by chemical treatment. The largest and longest building is the secondary school that serves the Macuxi indigenous community that lives in Roraima, in northern Brazil. CREDIT: Mario Osava/IPS

Achilles’ heel

Batteries still apparently limit the efficiency of solar energy in isolated or autonomous off-grid systems, with which the government and various private initiatives are attempting to make the supply of electricity universal and replace diesel generators.

Homero said that some of the Darora families who live outside the “center” of the village and have solar panels also had problems with the batteries.

Besides the 48 families in the village “center” there are 18 rural families, bringing the community’s total population to 265.

A solar plant was also installed in another community made up of 22 indigenous families of the Warao people, immigrants from Venezuela, called Warao a Janoko, 30 kilometers from Boa Vista.

But of the plant’s eight batteries, two have already stopped working after only a few months of use. And electricity is only guaranteed until 8:00 p.m.

“Batteries have gotten a lot better in the last decade, but they are still the weak link in solar power,” Aurelio Souza, a consultant who specializes in this question, told IPS from the city of São Paulo. “Poor sizing and the low quality of electronic charging control equipment aggravate this situation and reduce the useful life of the batteries.”

The low quality of the electricity supplied to Darora is due to the discrimination suffered by indigenous people, according to Adélia Augusto da Silva. The water they used to drink was also dirty and caused illnesses, especially in children, until the indigenous health service began to chemically treat their drinking water. CREDIT: Mario Osava/IPS

The low quality of the electricity supplied to Darora is due to the discrimination suffered by indigenous people, according to Adélia Augusto da Silva. The water they used to drink was also dirty and caused illnesses, especially in children, until the indigenous health service began to chemically treat their drinking water. CREDIT: Mario Osava/IPS

In Brazil’s Amazon jungle, close to a million people live without electricity, according to the Institute of Energy and the Environment, a non-governmental organization based in São Paulo. More precisely, its 2019 study identified 990,103 people in that situation.

Another three million inhabitants of the region, including the 650,000 people in Roraima, are outside the National Interconnected Electricity System. Their energy therefore depends mostly on diesel fuel transported from other regions, at a cost that affects all Brazilians.

The government decided to subsidize this fossil fuel so that the cost of electricity is not prohibitive in the Amazon region.

This subsidy is paid by other consumers, which contributes to making Brazilian electricity one of the most expensive in the world, despite the low cost of its main source, hydropower, which accounts for about 60 of the country’s electricity.

Solar energy became a viable alternative as the parts became cheaper. Initiatives to bring electricity to remote communities and reduce diesel consumption mushroomed.

But in remote plants outside the reach of the grid, good batteries are needed to store energy for the nighttime hours.

Part of the so-called "downtown" in Darora, which has lamp posts, houses, a soccer field and a shed where the community meets. A larger community center is needed, says the leader of the Macuxi village located near Boa Vista, the capital of the northern Brazilian state of Roraima. CREDIT: Mario Osava/IPS

Part of the so-called “downtown” in Darora, which has lamp posts, houses, a soccer field and a shed where the community meets. A larger community center is needed, says
the leader of the Macuxi village located near Boa Vista, the capital of the northern Brazilian state of Roraima. CREDIT: Mario Osava/IPS

A unique case

Darora is not a typical case. It is part of the municipality of Boa Vista, which has a population of 437,000 inhabitants and good resources, it is close to a paved road and is within a savannah ecosystem called “lavrado”.

It is at the southern end of the São Marcos indigenous territory, where many Macuxi indigenous people live but fewer than in Raposa Serra do Sol, Roraima’s other large native reserve. According to the Special Secretariat for Indigenous Health (Sesai), there were 33,603 Macuxi Indians living in Roraima in 2014.

The Macuxi people also live in the neighboring country of Guyana, where there are a similar number to that of Roraima. Their language is part of the Karib family.

Although there are no large forests in the surrounding area, Darora takes its name from a tree, which offers “very resistant wood that is good for building houses,” Homero explained.

The community emerged in 1944, founded by a patriarch who lived to be 93 years old and attracted other Macuxi people to the area.

The progress they have made especially stands out in the secondary school in the village “center”, which currently has 89 students and 32 employees, “all from Darora, except for three teachers from outside,” Homero said proudly.

A new, larger elementary and middle school for students in the first to ninth grades was built a few years ago about 500 meters from the community.

Water used to be a serious problem. “We drank dirty, red water, children died of diarrhea. But now we have good, treated water,” said Adélia da Silva.

“We dug three artesian wells, but the water was useless, it was salty. The solution was brought by a Sesai technician, who used a chemical substance to make the water from the lagoon drinkable,” Homero said.

The community has three elevated water tanks, two for water used for bathing and cleaning and one for drinking water. There are no more health problems caused by water, the tuxaua said.

His current concern is to find new sources of income for the community. Tourism is one alternative. “We have the Tacutu river beach 300 meters away, great fruit production, handicrafts and typical local gastronomy based on corn and cassava,” he said, listing attractions for visitors.

  Source

Digital Treatment of Genetic Resources Shakes Up COP15

The executive secretary of the Convention on Biological Diversity, Elizabeth Maruma Mrema, highlighted on Friday Dec. 16 the results of the Nagoya Protocol on access to genetic resources and fair benefit sharing at an event during COP15 in the Canadian city of Montreal. But the talks have not reached an agreement on the digital sequencing of genetic resources. CREDIT: Emilio Godoy/IPS

The executive secretary of the Convention on Biological Diversity, Elizabeth Maruma Mrema, highlighted on Friday Dec. 16 the results of the Nagoya Protocol on access to genetic resources and fair benefit sharing at an event during COP15 in the Canadian city of Montreal. But the talks have not reached an agreement on the digital sequencing of genetic resources. CREDIT: Emilio Godoy/IPS

By Emilio Godoy
MONTREAL, Dec 16 2022 (IPS)

In addition to its nutritional properties, quinoa, an ancestral grain from the Andes, also has cosmetic uses, as stated by the resource use and benefit-sharing permit ABSCH-IRCC-PE-261033-1 awarded in February to a private individual under a 15-month commercial use contract.


The permit, issued by the Peruvian government’s National Institute for Agrarian Innovation, allows the Peruvian beneficiary to use the material in a skin regeneration cream.

But it also sets restrictions on the registration of products obtained from quinoa or the removal of its elements from the Andean nation, to prevent the risk of irregular exploitation without a fair distribution of benefits, in other words, biopiracy.”The scientific community is willing to share benefits through simple mechanisms that do not unfairly burden researchers in low- and middle-income countries.” — Amber Scholz

The licensed material may have a digital representation of its genetic structure which in turn may generate new structures from which formulas or products may emerge. This is called digital sequence information (DSI), in the universe of research or commercial applications within the CBD.

Treatment of DSI forms part of the debates at the 15th Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity (CBD), which began on Dec. 7 and is due to end on Dec. 19 at the Palais des Congrès in the Canadian city of Montreal.

The summit has brought together some 15,000 people representing the 196 States Parties to the CBD, non-governmental organizations, academia, international bodies and companies.

The focus of the debate is the Post-2020 Global Framework on Biodiversity, which consists of 22 targets in areas including financing for conservation, guidelines on digital sequencing of genetic material, degraded ecosystems, protected areas, endangered species, the role of business and gender equality.

Like most of the issues, negotiations on DSI and the sharing of resulting benefits, contained in one of the Global Framework’s four objectives and in target 13, are at a deadlock, on everything from definitions to possible sharing mechanisms.

Except for the digital twist, the issue is at the heart of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, part of the CBD, signed in that Japanese city in 2010 and in force since 2014.

The delegations of the 196 States Parties to the Convention on Biological Diversity have failed to make progress at COP15 in the negotiations on new targets for the protection of the world's natural heritage, in the Canadian city of Montreal. In the picture, a working group reviews a proposal on the complex issue. CREDIT: IISD/ENB

The delegations of the 196 States Parties to the Convention on Biological Diversity have failed to make progress at COP15 in the negotiations on new targets for the protection of the world’s natural heritage, in the Canadian city of Montreal. In the picture, a working group reviews a proposal on the complex issue. CREDIT: IISD/ENB

Amber Scholz, a German member of the DSI Scientific Network, a group of 70 experts from 25 countries, said there is an urgent need to close the gap between the existing innovation potential and a fair benefit-sharing system so that digital sequencing benefits everyone.

“It’s been a decade now and things haven’t turned out so well. The promise of a system of innovation, open access and benefit sharing is broken,” Scholz, a researcher at the Department of Microbial Ecology and Diversity in the Leibniz Institute’s DSMZ German Collection of Microorganisms and Cell Cultures, told IPS.

DSI stems from the revolution in the massive use of technological tools, which has reached biology as well, fundamental in the discovery and manufacture of molecules and drugs such as those used in vaccines against the coronavirus that caused the COVID-19 pandemic.

The Aichi Biodiversity Targets, adopted in 2010 in that Japanese city during the CBD COP10, were missed by the target year, 2020, and will now be renewed and updated by the Global Framework that will emerge from Montreal.

The targets included respect for the traditional knowledge, innovations and practices of indigenous and local communities related to the conservation and sustainable use of biological diversity, their customary use of biological resources, and the full and effective participation of indigenous and local communities in the implementation of the CBD.

Lack of clarity in the definition of DSI, challenges in the traceability of the country of origin of the sequence via digital databases, fear of loss of open access to data and different outlooks on benefit-sharing mechanisms are other aspects complicating the debate among government delegates.

Through the Action Agenda: Make a Pledge platform, organizations, companies and individuals have already made 586 voluntary commitments at COP15, whose theme is “Ecological civilization: Building a shared future for all life on earth”.

Of these, 44 deal with access and benefit sharing, while 294 address conservation and restoration of terrestrial ecosystems, 185 involve partnerships and alliances, and 155 focus on adaptation to climate change and emission reductions.

Genetic havens

Access to genetic resources for commercial or non-commercial purposes has become an issue of great concern in the countries of the global South, due to the fear of biopiracy, especially with the advent of digital sequencing, given that physical access to genetic materials is not absolutely necessary.

Although the Nagoya Protocol includes access and benefit-sharing mechanisms, digital sequencing mechanisms have generated confusion. In fact, this instrument has created a market in which lax jurisdictions have taken advantage by becoming genetic havens.

Around 2,000 gene banks operate worldwide, attracting some 15 million users. Almost two billion sequences have been registered, according to statistics from GenBank, one of the main databases in the sector and part of the U.S. National Center for Biotechnology Information.

Argentina leads the list of permits for access to genetic resources in Latin America under the Protocol, with a total of 56, two of which are commercial, followed by Peru (54, four commercial) and Panama (39, one commercial). Mexico curbed access to such permits in 2019, following a scandal triggered by the registration of maize in 2016.

There are more than 100 gene banks operating in Mexico, 88 in Peru, 56 in Brazil, 47 in Argentina and 25 in Colombia.

The largest providers of genetic resources leading to publicly available DSI are the United States, China and Japan. Brazil ranks 10th among sources and users of samples, according to a study published in 2021 by Scholz and five other researchers.

The mechanisms for managing genetic information sequences have become a condition for negotiating the new post-2020 Global Framework for biodiversity, which poses a conflict between the most biodiverse countries (generally middle- and low-income) and the nations of the industrialized North.

Brazilian indigenous activist Cristiane Juliao, a leader of the Pankararu people, calls for a fair system of benefit-sharing for access to and use of genetic resources and their digital sequences at COP15, being held at the Palais des Congrès in the Canadian city of Montreal. CREDIT: Emilio Godoy/IPS

Brazilian indigenous activist Cristiane Juliao, a leader of the Pankararu people, calls for a fair system of benefit-sharing for access to and use of genetic resources and their digital sequences at COP15, being held at the Palais des Congrès in the Canadian city of Montreal. CREDIT: Emilio Godoy/IPS

Indigenous people and their share

Cristiane Juliao, an indigenous woman of the Pankararu people, who is a member of the Brazilian Coordinator of Indigenous Peoples and Organizations of the Northeast, Minas Gerais and Espírito Santo, said the mechanisms adopted must favor the participation of native peoples and guarantee a fair distribution of benefits.

“We don’t look at one small element of a plant. We look at the whole context and the role of that plant. All traditional knowledge is associated with genetic heritage, because we use it in food, medicine or spiritual activities,” she told IPS at COP15.

Therefore, she said, “traceability is important, to know where the knowledge was acquired or accessed.”

In Montreal, Brazilian native organizations are seeking recognition that the digital sequencing contains information that indigenous peoples and local communities protect and that digital information must be subject to benefit-sharing. They are also demanding guarantees of free consultation and the effective participation of indigenous groups in the digital information records.

Thanks to the system based on the country’s Biodiversity Law, in effect since 2016, the Brazilian government has recorded revenues of five million dollars for permits issued.

The Working Group responsible for drafting the new Global Framework put forward a set of options for benefit-sharing measures.

They range from leaving in place the current status quo, to the integration of digital sequence information on genetic resources into national access and benefit-sharing measures, or the creation of a one percent tax on retail sales of genetic resources.

Lagging behind

There is a legal vacuum regarding this issue, because the CBD, the World Intellectual Property Organization and the International Treaty on Plant Genetic Resources for Food and Agriculture, in force since 2004, do not cover all of its aspects.

Scholz suggested the COP reach a decision that demonstrates the political will to establish a fair and equitable system. “The scientific community is willing to share benefits through simple mechanisms that do not unfairly burden researchers in low- and middle-income countries,” she said.

For her part, Juliao demanded a more inclusive and fairer system. “There is no clear record of indigenous peoples who have agreed to benefit sharing. It is said that some knowledge comes from native peoples, but there is no mechanism for the sharing of benefits with us.”

IPS produced this article with support from Internews’ Earth Journalism Network.