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Top court in Colombia to rule on the legality of fracking in Colombia as Canadian company bids for pilot project

Photo: Diario La Voz.

Today, the Council of State, the supreme tribunal with jurisdiction over administrative issues, will consider the issue of fracking in Colombia.

The Alliance for a Colombia Free of Fracking says: “[The court’s decision will send a] message about the need to protect the right of future generations to enjoy a healthy environment in the context of the climate crisis, the greatest challenge we have faced as humanity.”

The Alliance adds: “The coastal communities of the Middle Magdalena, young people, fishermen, those, and those who have suffered for more than a century oil exploitation in their region, set all their hopes in the Council of State.”

“Fracking must be censored as soon as it contradicts our 1991 Ecological Constitution, the Paris Agreement, the Rio de Janeiro Convention, the Ramsar Convention, among other instruments of international human rights law.”

The Alliance also cautions: “However, nullity itself is not enough. The National Government has been advancing since last year in a new strategy for the implementation of fracking known as Integral Research Pilot Projects.”

Last month, Valora Analitik reported: “[Ecopetrol president Felipe] Bayón explained that on March 11, the State Council of Colombia will begin the discussion on the regulation of fracking ‘which will take several months.’ But, he said, the regulation of the [fracking pilot projects] is in force and they will continue.”

That article adds: “Bayón confirmed what was said yesterday in that for that pilot he hopes to have the licence by the end of 2021 and to be able to start with the activity in the area as soon as that happens.”

The first licence for a fracking pilot project in Colombia was awarded by the National Hydrocarbons Agency (ANH) to Ecopetrol on November 25, 2020 for its Kalé project near the community of Puerto Wilches, Santander.

A second round of contracts for fracking pilot projects is expected to be awarded on April 8. Among the transnationals that have reportedly pre-qualified for one of those contracts is Toronto-based Sintana Energy/Patriot Energy which holds a 30 per cent stake in the VMM37 block near Puerto Wilches along with ExxonMobil.

UN Special Rapporteur David R. Boyd recently told the Colombian Congress: “In light of its obligations under constitutional, international, human rights and environmental law, fossil fuels must be replaced by renewable energies. I respectfully maintain that the government of Colombia must pass a law to prohibit fracking.”

In November 2019, PBI coordinated an advocacy tour in Canada with representatives from the Regional Corporation for the Defence of Human Rights (CREDHOS) and the Luis Carlos Pérez Collective Lawyers Corporation (CCALCP) who highlighted their concerns about fracking at numerous meetings across the country.

PBI-Mexico accompanied defenders at virtual side event with UN Special Rapporteur Mary Lawlor

Photo by @RedDefensorasMx.

On March 11, PBI-Mexico accompanied organizations took part in a side event within the framework of the 46th session of the UN Human Rights Council.

This discussion with UN Special Rapporteur Mary Lawlor was titled: Towards the eradication of murders and threats against human rights defenders in Mexico.

This IM-Defensoras summary of the meeting notes: “On issues of impunity and institutional strengthening, Mar Saiz Avendaño of Peace Brigades International-Mexico addressed the need to strengthen the National Protection Mechanism for Defenders and Journalists, in particular with regard to the prevention and guarantees of sufficient resources.”

It adds: “She also stressed the importance of complying with the recommendation of the Special Rapporteur on the establishment of commissions to investigate killings of defenders, emphasizing the importance of those commissions being made up of independent experts and experts backed by civil society.”

The summary also noted:

“Sandra Ferrer Alarcón of the Tlachinollan Mountain Human Rights Center highlighted the particular vulnerability in which community defenders are located in Guerrero state where threats against defenders put murders and also enforced disappearances as in the case of Arnulfo Cerón Soriano.”

“Yésica Sánchez Maya of the Oaxaca A.C. Parliamentary Dialogue and Equity Consortium [Consorcio Oaxaca] highlighted the importance of the report of the Special Rapporteur and her emphasis on recognizing the specific risk and need to ensure investigations into murder cases against indigenous peoples and land and territory defenders, noting that 21 killings against defenders were recorded in Oaxaca between 2017 and 2019, more than half against this specific population.”

“Verónica Vidal Degiorgis of the Economic, Social and Cultural Rights Project [ProDesc] illustrated through the case of the community of Unión Hidalgo on the Isthmus of Tehuantepec in Oaxaca the lack of prior, free and informed consultation for the implementation of [wind power] megaprojects as well as the absence of policies on defenders on the part of international companies.”

For the summary of the meeting with comments from other defenders, click here. To watch the video, please click here.

“The killings of defenders is a red line that no government should cross. We are concerned that Mexico is not fulfilling its duty of protection in time to prevent murders. Prevention and analysis must be strengthened.” – Mar Saiz, PBI-Mexico European representative.

PBI comments on ‘Human rights and the global water crisis’ report at the UN Human Rights Council

On March 10, Peace Brigades International presented to the 46th Regular Session Human Rights Council that took place in Geneva, Switzerland.

We were responding to the report Human rights and the global water crisis: water pollution, water scarcity and water-related disasters by David Boyd, the Special Rapporteur on human rights and the environment.

Ribka Kenelak, a West Papuan activist and member of the Indigenous Walak tribe who works with the NGO Yapelin, spoke on behalf of PBI.

Kenelak stated:

“PBI welcomes the report of the Special Rapporteur on human rights and the global water crisis.

We echo his concerns regarding the impact of extractive industries and hydro-power projects on water supply, quality and the environment.

In Indonesia, human rights defenders have highlighted how large-scale infrastructure projects negatively impact access to water for rural and Indigenous communities.

In Colombia and Guatemala, environmental defenders experience threats, physical attacks and killings due to their work.

For example, challenging water contamination in Putumayo and Magdalena Medio and promoting access to clean water, which has been impeded by industrial sugar farms in Retahuleu.

Both countries have yet to ratify the Escazu Agreement.

In Honduras, all proposed hydroelectric dams are located on Indigenous territories, where individuals defending rivers such as the Guapinol and Gualcarque have been subjected to threats, criminalization and harassment.

In Mexico, crimes such as the murder of Samir Flores, an opponent of the Comprehensive Morelos Project, are treated with impunity.

We are deeply concerned by the threats experienced by environmental defenders at the hands of both State and non-State actors and urge for their protection.”

The video of Kenelak’s presentation can be seen here (Chapter 66, 01:41:51).

British political anthropologist and filmmaker Gwen Burnyeat on her two years as a PBI brigadista in Colombia

In this feature article in El Espectador, Gwen Burnyeat talks about her experiences with Peace Brigades International in Colombia:

“Peace Brigades International is dedicated to providing international accompaniment and observation to the dynamics that conflict generates and provides protective accompaniment to human rights defenders who are threatened by their peaceful and legal human rights work. This NGO has had a project in Colombia since 1994.

I applied to be part of a team that is rotating because it changes every two years. I was accepted and sent to the Urabá. I lived for two years in Apartadó, where I provided accompaniment to community organizations and human rights defenders in San José de Apartadó, Cacarica, Curvaradó, Jiguamiandó at Bajo Atrato.

It was a fascinating experience, very hard. I knew firsthand the difficulties of living the armed conflict, I witnessed very strong situations, structural violence, exclusion, poverty. But I was also able to enjoy incredible scenery, witness the courage, creativity and love of communities that build peace amid violence and make in-depth analyses of their situation, while formulating alternative life proposals that are inspiration to many people in the world.

That experience changed me, it affected me deeply. I fell in love with this region and even today I continue in my purpose of researching the cultural, historical, political, social, economic dynamics of armed conflict.”

In the full article, Burnyeat also discuss the death of Manuel Ruiz (a member of the Peace Community of San José de Apartadó who was disappeared, tortured and found dead in Mach 2012); the experience of an eight-hour trek through the mountains to commemorate the killing of eight people by paramilitaries and the army in 2005; the cocoa exported from the Peace Community to Lush Cosmetics; making the documentary Chocolate of Peace with Pablo Mejía Trujillo; and much more about her life, activism and academic work.

The full article can be read (in Spanish) here.

We also found this reflection by Gwen on the PBI-United Kingdom website written after her first year in Colombia.

Gwen noted: “I generally went on three or four field trips per month, to each of the three communities that we accompany. Sometimes these trips involved a lot of travel – in jeeps, on motorbike taxis, in boats, walking or on a mule – as the community leaders who risk their lives to claim justice and work for peace often are most exposed when they are travelling. Sometimes it was roads and paths and rivers for days on end.”

She added: “I learned so much during my year as a volunteer in Urabá, about Colombia, its people and myself. That’s why I’m going back for a second year.”

This year, PBI-Canada has prioritized finding individuals who can spend a year or more in Colombia, Mexico, Guatemala or Honduras as a brigadista.

PBI entities in the US, Colombia, Mexico and Canada collaborated in this webinar on February 28 that discussed what it’s like to be a PBI brigadista.

PHOTOS: PBI accompanies International Women’s Day marches & events in Mexico, Guatemala, Honduras and Kenya

Guatemala City

Peace Brigades International accompanied and attended several International Women’s Day activities, including:

Mexico City

Mexico City

Chihuahua, Mexico

Guatemala City, Guatemala

Tegucigalpa, Honduras

Nairobi, Kenya

Guatemala City (March 7)

#IWD2021

Yésica Sánchez presents on behalf of PBI and Consorcio Oaxaca at UN Human Rights Council

On International Women’s Day, Yésica Sánchez Maya presented on behalf of Peace Brigades International and Consorcio Oaxaca to the Human Rights Council.

Sánchez stated:

“Madame President,

PBI and the Oaxaca Consorcio welcome the presentation of the [UN Special Rapporteur on the situation of human rights defenders Mary Lawlor]. Against the backdrop of the pandemic, killings and other attacks against defenders have increased in a worrying scale in Indonesia, Kenya, Colombia, Mexico, Honduras and Guatemala.

The 310 killings in 2020 in Colombia as well as the illegal intelligence actions of the army and the death threats against defenders such as Sebastian Escobar of [PBI-Colombia accompanied] CAJAR are very worrying.

The people who are defending the rights to land and environment in this context of the implementation of megaprojects such as the lawyer Golfrid Siregar who was found dead [in Indonesia] in 2019.

We regret the impunity that these perpetrators enjoy.

We are seeing that instead of finding solutions the common response to these situations is the militarization of our lands. This leads to increased conflict.

These killings are happening very frequently and we are seeing defamation and criminalization and a lack of progress in public policies being established.

We would urge that States in these countries implement preventive measures that have a comprehensive approach and that are differentiated.”

The video of her presentation can be seen here (Chapter 48 / 01:19:36).

For more on Oaxaca-based human rights lawyer, feminist and Indigenous rights activist Yésica Sánchez Maya, please click here.

 

PBI-Kenya supports International Women’s Day conference in Nairobi on ending sexual and gender-based violence

The Peace Brigades International-Kenya Project helped develop the Toolkit for WHRDs in Nairobi’s Urban Settlements in 2016.

The Toolkit Organizers network grew out of that. The network is comprised of fifteen women human rights defenders (WHRDs) from the urban settlements of Kibera, Langata, Kawangaware, Mukuru and Mathare.

On International Women’s Day, they held a conference to recognize the resilience of women and women human rights defenders.

The 40-minute morning session can be seen here. The following 50-minute session moderated by WHRD Naomi Barasa can be seen here.

As noted on the banner placed at the front of the conference, the theme was: END sexual & gender based Violence NOW.

A survey in Kenya in 2014 found that four in every ten women aged 15-49 were victims of violence before their 18th birthday. More recently, it was reported that five in every ten women in the same age group have suffered some form of violence.

Toolkit organizer Kate Wangui has noted the challenges of countering violence: “The police may intimidate you, or the victim’s family is paid off by the perpetrator. Other times, we are successful: we had a case where we organized a demonstration from Kibera to the Nairobi Women’s Hospital to force the doctor and police to testify in a rape case.”

And toolkit organizer Editar Ochieng has commented: “Violence against women is very common in Kibera and many people have normalized it. So many women experience violence and they do not talk about it because they think it is normal, especially women experiencing violence in their relationships.”

She adds: “For violence to reduce you must stand up strongly.”

PBI-Kenya works with Nairobi-based networks to address police violence, extra-judicial killings, arbitrary arrests, and access to drinking water.

Steve Kinuthia of the Mathare Social Justice Centre has stated: [PBI was] there in 2015 when we started and they have been part of the journey. [They gave] us protective accompaniment when we are going to police stations.”

For more, please follow @TOsWHRDs and @pbikenya.

PBI-Colombia accompanied CAJAR lawyer Sebastián Escobar Uribe receives death threat

On March 3, the IAPL Monitoring Committee on Attacks on Lawyers posted that CAJAR lawyer Sebastián Escobar Uribe was threatened on February 22.

IAPL explains:

“Sebastián Escobar Uribe is one of the CAJAR lawyers who participated in the documentation of extrajudicial executions known publicly as false positives. Crimes that have been qualified by judicial operators as crimes against humanity committed by members of the security forces.

As a lawyer, in addition to the presentation of reports, he also brought action before the International Criminal Court regarding the preliminary examination of Colombia, which, among others, focuses on this type of crimes.

Sebastián Escobar Uribe received a short call (33 seconds) on his mobile phone, in which a man threatened to kill both him and Juan David Díaz Chamorro. The latter is the son of Edualdo Díaz Salgado, mayor of El Roble (Sucre), who was assassinated on 10 April 2003.

Sebastián Escobar Uribe believes this threat is related to the recent actions he carried out on behalf of the Díaz Chamorro family before the Special Jurisdiction for Peace (JEP).”

The full IAPL post can be read at Colombia: Lawyer Sebastián Escobar threatened again in the course of his work. ProtectLawyers (OIAD) also highlighted Sebastián Escobar Uribe in this article posted in June 2020.

The José Alvear Restrepo Lawyers’ Collective (CAJAR) has been accompanied by PBI-Colombia since 1995. CAJAR has 15 lawyers and 30 legal assistants working on more than 500 cases of human rights violations and breaches of international humanitarian law.

For more: PBI-Colombia accompanied CCAJAR highlights concerns about Cerrejón mine that exports coal from Colombia to Canada.

Ten United Nations Special Rapporteurs call on Colombia not to resume glyphosate spraying

The Spanish international news agency EFE reports: “Ten UN special rapporteurs sent a letter to the President of Colombia, Iván Duque, asking the Government not to resume the aerial spraying of illicit crops with the herbicide glyphosate, a plan that the Ministry of Defense wants to undertake in the coming months.”

The NGO Dejusticia released the letter on March 7.

The letter says: “[The resumption of spraying] would violate the peace agreement and against the provisions of the Constitutional Court regarding the hierarchy between the strategies for the eradication of illicit crops.”

The letter also says that spraying would be carried out in “a context of systematic violence against indigenous and Afro-Colombian peoples and human rights defenders who work to protect the right to health and the environment in the country.”

And it adds that spraying poses “enormous risks for human rights and the environment, at the same time that it would not comply with the conditions established in the ruling T-236 of the Constitutional Court, nor with international obligations. in the matter.”

Among the signatories to the letter are Mary Lawlor and José Francisco Cali Tzay, respectively the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on the rights of Indigenous peoples.

The EFE article further reports: “The current Minister of Defense, Diego Molano, has repeated on several occasions that the Executive’s plans are to start spraying in April and that the Air Force is getting ready to do so.”

When Julia Figueroa and Andrea Nocove from the Luis Carlos Perez Lawyers’ Collective (CCALCP) took part in a PBI advocacy tour in Canada in November 2019 they highlighted concerns about the forced eradication of coca crops.

PBI-Guatemala visits Maya Q’eqchi river defender Bernardo Caal Xol in Cobán prison

Photo from previous PBI-Guatemala visit with Caal Xol in prison. 

In its most recently monthly information package, PBI-Guatemala notes that it visited Maya Q’eqchi river defender Bernardo Caal Xol in prison.

Caal Xol is a leader of the Peaceful Resistance of Cahabón, a collective of 38 Maya Q’eqchi communities in Guatemala. The Resistance was formed to oppose the construction of the Oxec and Renace dams on the Cahabón River and its tributaries.

In November 2018, Caal Xol was sentenced to seven years and four months by a court on allegations that lack objective evidence. Amnesty International has declared that Caal Xol is a prisoner of conscience who has been wrongfully imprisoned.

PBI-Guatemala reports: “With regard to the Peaceful Resistance, Cahabón, we continue to monitor the situation of its members and to pay close attention to the situation of criminalized defender Bernardo Caal Xol, who we visited at the preventive center in Cobán and spoke with him about the current status of his case.”

PBI-Guatemala adds: “We are currently following up on his health, as he had to be transferred to the Regional Hospital of Cobán due to medical complications halfway through the month. According to Barnardo, these complications are a consequence of the criminalization and imprisonment process he has been suffering for the last three years.”

In one of Caal Xol’s recent letters from prison, he wrote: “The department of Alta Verapaz inhabited by the Q’eqchi ‘people; its rivers sequestered and piped to make hydroelectric power plants work. However, Q’eqchi’ communities do not have electricity, remain in darkness, they continue to use the famous ‘candle’. And then, where is the electrical energy taken? This is called: dispossession, exclusion, discrimination and racism.”

To read the monthly information packages from PBI-Guatemala, please click here.

PBI-Guatemala has accompanied the Resistance since July 2017.