[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 142 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
S. RES. 142

Expressing concern about environmental crimes and attacks on the human 
  rights of environmental and land defenders in Latin America and the 
                               Caribbean.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2023

  Mr. Menendez (for himself, Mr. Kaine, Mr. Merkley, Mr. Cardin, Mr. 
    Padilla, Mr. Sanders, Mr. Markey, and Mr. Murphy) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                               RESOLUTION


 
Expressing concern about environmental crimes and attacks on the human 
  rights of environmental and land defenders in Latin America and the 
                               Caribbean.

Whereas rising instances of environmental crimes, land grabbing, unregulated and 
        illegal natural resource destruction and extraction, and irresponsible 
        infrastructure development threaten biodiversity and rural and 
        Indigenous community livelihoods in Latin America and the Caribbean, 
        which is home to 40 percent of the world's species and more than 24 
        percent of the Earth's forests;
Whereas harassment, threats, assaults, and killings against environmental and 
        land defenders protesting such crimes and development have increased 
        throughout the region since 2018;
Whereas, according to Global Witness, Latin America is the deadliest region in 
        the world for environmental and land defenders, with nearly 75 percent 
        of the 200 known attacks against such defenders during 2021 taking place 
        in the region, including--

    (1) in Mexico, where 54 environmental and land defenders were murdered 
in 2021, representing the highest number of such murders in any country 
that year;

    (2) in Colombia, where 33 environmental and land defenders were 
murdered during 2021, representing the second highest number of such 
murders in any country that year;

    (3) in Brazil, where 342 environmental and land defenders have been 
murdered since 2012, representing the highest number of such murders of any 
country since the reporting of such murders began; and

    (4) in Peru, Venezuela, and Brazil, where 78 percent of the attacks 
against environmental and land defenders in the Amazon region occurred;

Whereas more than 25 percent of the attacks on environmental and land defenders 
        during 2021 were reportedly linked to resource exploitation, including 
        logging, mining, large scale agribusiness, hydroelectric dams, and other 
        infrastructure;
Whereas, approximately 40 to 60 percent of logging activities in the Peruvian 
        Amazon are illegal, according to INTERPOL, and approximately 95 percent 
        of deforestation in Brazil in 2021 was irregular, according to the 
        Brazilian Annual Land Use and Land Cover Mapping Project;
Whereas, in 2021, Indigenous peoples made up more than 40 percent of victims in 
        fatal attacks against environmental and land defenders worldwide, 
        despite Indigenous peoples only comprising approximately 5 percent of 
        the world's population;
Whereas Indigenous peoples, who steward more than 80 percent of the world's 
        biodiversity, are disproportionately vulnerable to the effects of 
        environmental loss and more frequently targeted in attacks on 
        environmental and land defenders;
Whereas women acting in defense of their lands and natural environments in Latin 
        America face additional threats to their human rights, as Latin America 
        has the highest rates of gender-based violence in the world;
Whereas many countries in Latin America and the Caribbean lack sufficient 
        oversight capacity, transparency, and accountability for regulations of 
        environmental permits and investigations of environmental crimes, 
        especially in Indigenous lands, nationally protected forests, and other 
        remote geographical areas with limited government presence, forcing 
        affected populations to advocate for their land and natural resources at 
        great personal risk;
Whereas corruption in Latin America and the Caribbean enables the subversion of 
        laws designed to prevent environmental crime and protect natural 
        resources, undermining efforts to prevent ecological destruction;
Whereas the COVID-19 pandemic has strained the resources and institutional 
        capacity of Latin American and Caribbean Governments to address 
        environmental crimes and prevent the expansion of nonstate actors into 
        remote areas and border regions where these groups target environmental 
        and land defenders and engage in illicit mining and drug trafficking 
        activities;
Whereas the United States Agency for International Development has developed 
        programs to reduce environmental crimes and other threats to the 
        Amazon's forests, waters, and peoples throughout Brazil, Colombia, 
        Ecuador, Guyana, Peru, and Suriname;
Whereas all Latin American and Caribbean countries have ratified the decision by 
        the 21st Conference of Parties of the United Nations Framework 
        Convention on Climate Change, adopted at Paris December 12, 2015 
        (commonly known as the ``Paris Climate Agreement''), which states, 
        ``Parties should, when taking action to address climate change, respect, 
        promote, and consider their respective obligations on human rights, the 
        right to health, the rights of indigenous peoples, local communities, 
        migrants, children, persons with disabilities and people in vulnerable 
        situations'';
Whereas 15 countries in Latin America ratified the Indigenous and Tribal Peoples 
        Convention, 1989 (No. 169) of the International Labor Organization, 
        establishing the rights of Indigenous people to land, natural resources, 
        and prior consultation on projects affecting their communities, although 
        many such countries have consistently failed to respect these legally 
        binding standards;
Whereas 25 countries in Latin America and the Caribbean have signed, and 14 of 
        these 25 countries have ratified, the Regional Agreement on Access to 
        Information, Public Participation and Justice in Environmental Matters 
        in Latin America and the Caribbean, adopted at Escazu, Costa Rica March 
        4, 2018 (commonly known as the ``Escazu Agreement''), to ensure the 
        protection of environmental defenders across the region; and
Whereas, on June 9, 2022, at the Ninth Summit of the Americas in Los Angeles, 
        heads of State and Government of the Western Hemisphere adopted ``Our 
        Sustainable Green Future'', a commitment to draft and approve national 
        plans, before the commencement of the Tenth Summit of the Americas in 
        the Dominican Republic in 2025--

    (1) to respond to threats and attacks on environmental defenders and 
collect data on such threats and attacks, in accordance with domestic law;

    (2) to enact, as appropriate, and enforce domestic laws to protect 
environmental defenders and the resources they defend: and

    (3) to carry out and implement environmental assessments in accordance 
with existing domestic law: Now, therefore be it

    Resolved, That the Senate--
            (1) underscores the urgency of protecting biodiversity in 
        Latin America and the Caribbean, ending impunity for 
        environmental crimes, protecting environmental and land 
        defenders, and confronting risks and addressing threats to such 
        actors;
            (2) urges governments in Latin America and the Caribbean to 
        protect the rights of Indigenous peoples and other 
        environmental and land defenders, including--
                    (A) strengthening efforts and initiatives aimed at 
                combating environmental crimes and protecting the 
                territory of environmental and land defenders;
                    (B) complying with commitments made under the Paris 
                Climate Agreement, Convention 169 of the International 
                Labor Organization, and the Escazu Agreement to pursue 
                environmental justice and protect the rights of 
                Indigenous peoples and other environmental and land 
                defenders, particularly in relation to rights to land 
                titling and prior consultation; and
                    (C) implementing ``Our Sustainable Green Future'' 
                commitments made at the Ninth Summit of the Americas to 
                advance the protection of environmental and land 
                defenders;
            (3) calls on the Secretary of State, in coordination with 
        the Administrator of the United States Agency for International 
        Development, to support and assist governments in Latin America 
        and the Caribbean in meeting regional and international 
        standards and commitments for the protection of Indigenous 
        peoples and other environmental and land defenders, including 
        through--
                    (A) capacity building initiatives aimed at 
                strengthening networks of environmental and land 
                defenders, Indigenous peoples, and civil society 
                organizations;
                    (B) providing technical assistance and other 
                support to combat corruption within agencies dealing 
                with forestry management and environmental crimes;
                    (C) collaborating with law enforcement authorities, 
                including through the sharing of intelligence, to help 
                dismantle criminal groups responsible for committing 
                environmental crime and violence against environmental 
                and land defenders;
                    (D) reinforcing the importance of free, prior, and 
                informed consent of Indigenous peoples within such 
                regional and international commitments;
                    (E) promoting the participation of women, 
                Indigenous peoples, Afro-descendant communities, 
                environmental and land defenders, and other affected 
                and vulnerable communities in regional and 
                international forums related to human rights, 
                environmental protection, and climate change; and
                    (F) hosting summits and other multilateral forums, 
                with the participation of governments in the region and 
                relevant civil society organizations, to share the 
                experiences of environmental and land defenders and 
                advance solutions to protect biodiversity and confront 
                impunity around environmental crime; and
            (4) calls on the Administrator of the United States Agency 
        for International Development, in coordination with the 
        Secretary of State, to develop comprehensive regional and 
        subregional action plans with input from environmental and land 
        defenders to counter environmental crime and attacks against 
        environmental and land defenders in Latin America and the 
        Caribbean, including by--
                    (A) strengthening current programs in Brazil and 
                Colombia;
                    (B) expanding key pillars of ongoing programs to 
                Mexico, Peru, Honduras, Guatemala, and El Salvador, 
                where such initiatives are largely absent; and
                    (C) ensuring that projects supported or funded by 
                the United States Government in Latin America and the 
                Caribbean take into account the protection of 
                Indigenous peoples and environmental and land 
                defenders.
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