Environmental Human Rights: News & Updates

The Supreme Court of Justice of Honduras declared the Law for the Protection of Plant Varieties, also known as the Monsanto Law and approved by the Congress of the Central American country in 2012, for unconstitutional. As of this legislation, it was prohibited to save seeds, give them away and exchange them. This initiative took place within the framework of the advance of the International Union for the Protection of New Varieties of Plants (UPOV), an organization that works exclusively and explicitly for the privatization of seeds throughout the world, through the imposition of intellectual property rights on plant varieties. The Honduran State is one of those that signed the UPOV Convention. The National Association for the Promotion of Ecological Agriculture (ANAFAE), a group that has defended organic agriculture and food sovereignty in Honduras for more than 25 years, has been denouncing this law since it was approved and in 2016 had filed a legal appeal to declare it unconstitutional, which was rejected. Two years later, groups of peasants and independent producers presented a new appeal, which led to the declaration of unconstitutionality of the law last November and publicly communicated at the end of January of this year. 

The Court of Appeals of Francisco Morazán, in respect to the resolution of the Constitutional Chamber that annulled the criminal proceeding against the eight defenders of Guapinol, resolved the appeals filed by the defense on March 3, 2020, in relation to the indictment for the crimes of unjust deprivation of liberty and aggravated arson. Said court ordered that the proceedings be sent back to the court of origin, which is the Court of Trujillo. It should be noted that this judicial body has tried by all means to keep the defenders in prison despite the fact that it has never had any argument to do so, much less after February 9 of this year when the Constitutional Chamber admitted two appeals filed by the defense against the indictment and the denial of the change of measures of preventive detention to defend themselves in freedom.

With clever Super Bowl ads, an irresistible fruit and apparently insatiable appetite from U.S. consumers, Mexico’s avocado producers have so far been able to separate avocados from the conflictive landscape that produces them — at least until a threat to a U.S. agricultural inspector essentially shut down their exports last week. But as producers continue to suffer extortion from organized crime, and loggers continue to chop down pine forests to clear land for avocado orchards, another threat looms: Campaigns for greener competition and perhaps even a boycott.

What a turnaround. On February 9, six Guapinol water defenders were found guilty, A decision widely denounced and which left them with the, supposedly, only hope in the new amnesty bill. Yesterday morning, they lawyers presented an appeal based on the bill. But then all of this became redundant as the Supreme Court finally resolved the appeals in favor of them. "According to the resolution, by unanimous vote, the Constitutional Chamber ruled in favor of two appeals filed by the defense of the 8 defenders criminalized by the Public Prosecutor's Office and the mining company Inversiones Los Pinares, for the crimes of deprivation of liberty, aggravated damages and simple damages." This ruling annuls the trial and Wednesday's verdict. OACNUDH welcomed the ruling and called for their immediate release. People in Tocoa took to the streets to celebrate.

The Maya Q’eqchi’ community of Agua Caliente is nestled in the mountains surrounding Guatemala’s Lake Izabal, in the sacred Valle del Polochic. Located in the municipality of El Estor, Izabal, Agua Caliente is also known for its abundant deposits of nickel. These riches have for decades made El Estor a target of looting by multinational corporations seeking to exploit and profit from the land and resources. This case against a particular Fénix nickel marks the first time the Guatemalan state has faced judgement in an international court for violating the ancestral land rights of Indigenous communities. The court’s ruling could force the Guatemalan government to finally recognize the Q’eqchi’ people’s collective rights to their ancestral lands and their right to protect their natural resources from exploitative megaprojects—including the destructive open-pit Fénix nickel mine that stands on the banks of Lake Izabal.

For 8 years, residents of Azacualpa, Honduras, have been fighting the illegal destruction of their 200-year-old Maya-Chorti cemetery by the mining company MINOSA. Now, the cemetery has been destroyed completely, violating a sentence made previously by the supreme court to stop all exhumations and destruction of the cemetery.

2022 started in Honduras with everything in place for a new start. Xiomara Castro won the election with a clear mandate for change and even in Congress, the opposition alliance together with some Liberal Party dissidents could have reached a simple majority. But this in not the story of this month. Last month, several human rights defenders were murdered, the Guapinol water defenders are still in detention, the Congress is splitting in two and on top of everything, the Omicron-wave is hitting Honduras and its public health system. Read Daniel Langmeier's full report on January 2022 in Honduras.

The Guapinol Water Defenders are a group of community members local to the Guapinol and San Pedro Rivers, who protested against the US-backed mining company "Inversiones Los Pinares" and their illegal and environmentally harmful operations in the protected area of the Carlos Escaleras National Park in September of 2018. They have since been accused by the company on false claims and unjustly imprisoned for over two years, waiting for the trial to start as the Honduran state has ignored international calls for their release. Now, finally, after several postponements, their trial is getting close to the end. Here is a summary of what the trial has looked like so far and the most important events from each day.