Environmental Human Rights: News & Updates

Over the past decade, the Afro-Indigenous ethnic Garífuna communities in northern Honduras have been expecting that their government would abide by three separate rulings of the Inter-American Court of Human Rights to return their stolen lands. That hasn’t happened. After taking their cause to Capitol Hill (along with our friends from the Honduras Solidarity Network), Rep. Cori Bush (01-MO) introduced into the US House of Representatives a resolution supporting Garífuna ancestral territorial rights.

IRTF was in Washington, DC, the second week of June. We walked the House office buildings on Capitol Hill and dropped off memos to the foreign policy aides of 55 US congresspersons who have previously co-sponsored legislation in support of human rights in Honduras. We also visited the offices of all 14 congresspersons from Ohio.

But they need to hear from their constituents!

Please read the email below from our friends at Witness for Peace Solidarity Collective and Latin America Working Group (LAWG). Take a few minutes to contact your congressperson today. Urge that they co-sponsor H.Res.1278.

Thank you!

The issues at hand--mining-linked repression; collusion with corrupt and repressive business partners, governments, security guards, police and military; widespread impunity--are similar to other cases of corporate wrong-doing and criminality around the world. For a number of reasons, however, these legal cases in Canada and Guatemala are painstakingly overcoming legal, jurisdictional and political obstacles (including on-going repression).

Thirteen Q’eqchi’ plaintiffs, sued Hudbay Minerals and CGN (Guatemalan subsidiary company, formerly owned by Hudbay) for mining related repression, having traveled to Toronto (11 of them in November 2017; 2 more in early 2018) to be deposed by Hudbay lawyers as part of the precedent-setting Hudbay/CGN lawsuits.

Two of these mining repression victims are also pursuing a parallel but separate criminal trial in Guatemala against Mynor Padilla, former head of security of Hudbay/CGN.

Read more background at Business and Human Rights Resource Centre

25 years ago, the United Nations adopted the Declaration on Human Rights Defenders. The Declaration has been essential to protect those who defend human rights, but laws and contexts have evolved. The Declaration+25 supplements the Declaration and together they form a comprehensive set of standards to protect the right to defend rights.

Public Citizen's Trade Justice project has a new in-depth report called Corporate Colonization of Latin America: How ISDS Harms Indigenous Communities, which explores ISDS’s colonial roots and the disproportionate harm it has caused to Indigenous peoples across Latin America.  The report is available now both as a website and as a PDF, so give it a look and please consider sharing it on social media or on any lists! 

 To release the report, earlier this month we hosted a special delegation of Latin American Indigenous leaders in Washington, DC to speak with policymakers, diplomats, and civil society about the adverse impacts of corporate trade policy on their communities.

Cultural and territorial rights of the Afro-descendant Indigenous Garífuna people along the Atlantic coast of Honduras are under attack.

Starting in 2003, OFRANEH (Black Fraternal Organization of Honduras) began filing several cases with the Inter-American Commission on Human Rights (based in Washington, DC) and the Inter-American Court of Human Rights (based in San Jose, Costa Rica) for their government’s violation of its cultural and territorial rights.  When OFRANEH got their first favorable ruling in 2015, they weren’t exactly hopeful that the administration of the narco-dictator President Juan Orlando Hernández would do anything. But after President Castro, of the left-leaning LIBRE party, took office in January 2022, they did expect advancement of their cause.

A big stumbling block is that the communities that won their cases in the Inter-American Court (2015: Triunfo de la Cruz and Punta Piedra; 2023: San Juan) are fighting private corporations and foreign investors who have a lot at stake. Some have already illegally usurped lands and built tourist resorts. It will be tricky to figure out how to return ancestral lands to the Garífuna people and compensate the companies and investors for their losses. Also at stake is the very security of Garífuna communities. Since Garífuna leaders have become more vocal after the 2015 ruling, the persecution against them has increased—surveillance, intimidation, violence, criminalization.

During the first week of June 2024, a delegation of Garífuna leaders with OFRANEH are visiting US legislators on Capitol Hill to gain support for a US House resolution to affirm the rights of the Garífuna people.

You can read the press release from Rep. Cori Bush who introduced the resolution here.

For years, Garífuna community members and leaders have been threatened, arrested, abducted and murdered. Most notably, in July 2020, four Garífuna men were abducted at gunpoint by men wearing uniforms bearing the logo of a Honduran security forces unit. Instead of calling for an investigation into those responsible, the Honduran Attorney General has called for criminal proceedings against leaders of the Black Fraternal Organization of Honduras (OFRANEH).

The Inter-American Court of Human Rights and Inter-American Commission on Human Rights have determined that the Garífuna community’s rights have repeatedly been violated by the Honduran government, yet little has changed regarding their treatment. This resolution condemns the violence toward the Garífuna people while calling for accountability from the Honduran government and other international institutions for their role in these abuses.

In the US House of Represenatives on June 5, Representatives Cori Bush (MO-01), Ilhan Omar (MN-05), Jesus “Chuy” García (IL-04), Jan Schakowsky (IL-09), and Jamaal Bowman Ed.D. (NY-16) reintroduced a resolution that affirms the rights of the Afro-Indigenous Garífuna people in Honduras. IRTF calls on all US representatives from Ohio to support this resolution. 

Since January 2023 when the Bukele administration arrested five water defenders in Cabañas Department on criminal allegations from 34 years ago, IRTF has been part of an international campaign to Free the Santa Marta 5. The five community leaders from Cabañas Department were instrumental in the national campaign—a 13-year mobilization—that led to the national ban on open-pit metal mining—the first in the world! They fought against the Pacific Rim company (aka OceanaGold) because there would be untold contamination of regional waterways.

President Bukele’s crackdown on gangs and violent crime that he calls the State of Exception (initiated in March 2022) has resulted in suspension of constitutional rights, mass arrests and mass incarceration. Many critics have pointed out that Bukele’s crackdown on violent crime is being used to mask arrests of political dissidents. President Bukele, in efforts to attract foreign investment, is suspected of wanting to get rid of the monumental national ban on open-pit metal mining.

TAKE ACTION: We need folks in the U.S. to call on their congresspersons to 1) reach out to the US State Department and encourage them to call for due process and send representatives to observe the trial of the Santa Marta 5; 2) tweet to demand that the charges against the #SantaMarta5 be dropped; 3) take action to halt US police and military assistance to El Salvador in light of the suspension of constitutional rights and mass incarceration currently happening under President Bukele’s State of Exception (State of Emergency). 

Copy and send the sample letter pasted in this news article.

Contact us with any questions: irtf@irtfcleveland.org or (216) 961 0003.

Thank you!

In Jericó, Colombia, farmers and villagers are resisting the construction of a large copper mine by AngloGold Ashanti, fearing it will harm their water supply and agricultural livelihood. The company, seeking to extract significant amounts of copper, gold, and silver, has faced opposition from locals who blocked environmental impact studies necessary for the mining license. The town is divided, with some residents supporting the mine for its economic benefits, including job creation and community investments. Despite these benefits, environmental concerns and potential impacts on local water sources have fueled protests. The project remains stalled, awaiting further environmental studies and government approval.

In 2023, global ocean heat reached record highs, Antarctic sea ice coverage fell to record lows, and global temperatures were approximately 1.4°C above pre-industrial levels, nearing the dangerous threshold of 1.5°C. This poses a risk of irreversible damage to ecosystems and severe consequences for vulnerable populations. Governments, particularly developed nations like the United States, must urgently implement policies to reduce emissions and limit warming to below 2°C, ideally 1.5°C, by halting fossil fuel expansion.

Outdated trade and investment agreements, including Free Trade Agreements (FTAs) and Bilateral Investment Treaties (BITs) with Investor-State Dispute Settlement (ISDS) provisions, threaten efforts to reduce fossil fuel use. ISDS allows corporations to sue governments in arbitration tribunals over policies that affect their profits, often leading to costly settlements and policy rollbacks. Nearly 20% of ISDS cases are initiated by fossil fuel companies, exemplified by TC Energy suing the U.S. for $15 billion over the Keystone XL pipeline rejection and Ruby River challenging Canada's rejection of a gas facility.

ISDS poses broader threats beyond climate policy, affecting public health, labor rights, and green jobs. Civil society movements globally are campaigning against ISDS, and some countries are terminating BITs. The Biden administration has committed not to pursue new agreements with ISDS, but further action is needed.

Recommendations include:

1. Stopping the expansion of ISDS by publicly opposing new agreements with ISDS provisions.
2. Removing ISDS from existing FTAs and BITs through termination or renegotiation.
3. Withdrawing consent to ISDS claims unilaterally or via multilateral instruments.

Addressing ISDS is crucial to protect public interest policies and support climate action. The U.S. must lead in eliminating ISDS to safeguard the planet and its people.