International Complaint: "Jáchal No Se Toca" to Denounce Mining Pollution and Environmental Impact in Toronto

The Jáchal assembly marks ten years of relentless struggle in defense of water and nature in San Juan on February 27. Domingo Jofré, a member of "Jáchal No Se Toca," will join Verónica Chávez from the Santuario de Tres Pozos community and attorney Alicia Chalabe, who represents the communities of Salinas Grandes and Laguna de Guayatayoc in Salta and Jujuy. On February 26, 27, and 28, they will present evidence to the International Tribunal for the Rights of Nature on the environmental damages caused by lithium, gold, and silver mining in Argentina.

"Our testimonies will focus on the devastating impacts of mining in Argentina," Jofré stated. "In my particular case, I will highlight what is happening in the Jáchal River basin, where we have documented irreversible effects on glaciers, rivers, aquifers, and the biodiversity of our territory," he added.

During his presentation, Jofré will also recall the 2015 cyanide spill at the Veladero mine, considered the most severe environmental disaster in Argentina's mining history, as the case remains unresolved in court.

"Before the Tribunal, we will denounce the impunity with which mining corporations operate, backed by the executive, legislative, and judicial powers of both provincial and national governments that fail to hold them accountable. Mining companies treat territories as 'sacrifice zones,' where their activities directly impact local communities. They act as if they own the world, without any accountability from their home countries or the governments where they operate."

Domingo Jofré.

A Global Complaint

Jofré explained that "Jáchal No Se Toca" was invited to this international forum due to the worldwide attention their complaints have received, particularly after presenting a report last year to the United Nations (UN) on the impacts of mining in San Juan.

Through this forum, they hope to provide evidence of the irreversible damage caused by the Veladero mine project, as well as the environmental concerns surrounding the José María project, which has been scrutinized by both provincial and national authorities.

"We know we are up against an enormously powerful economic force, but we will continue fighting for nature, the people of Jáchal, and San Juan. We firmly believe that truth and the protection of San Juan's territory will be upheld through the support and ruling of this Tribunal," Jofré affirmed.

After hearing the testimonies, the Tribunal will prepare a globally significant report, with its observations and recommendations submitted to the relevant authorities.

A Tribunal with Global Influence

Although the Tribunal's rulings are not legally binding, its impact on real-world cases has been demonstrated. A notable example occurred during the fourth Tribunal in Bonn when discussions on a proposed highway through Bolivia's TIPNIS National Park led to widespread media attention, prompting President Evo Morales to temporarily suspend the project.

In August 2018, a commission of Nature Rights experts from GARN visited the area and released a report detailing the project's environmental impacts, citing the Universal Declaration of the Rights of Mother Earth and other legal frameworks.

In addition to its main hearings, the Tribunal’s regional panels have held numerous sessions, including cases in Quito (Yasuní, 2014), San Francisco (Chevron, 2014), and Brisbane (Great Barrier Reef, 2014). The European Tribunal for the Rights of Aquatic Ecosystems in 2021 addressed five cases: Mer de Glace, French Guiana, Lake Vättern, Balkan Rivers, and Marseille.

In 2016, Australia established its own Permanent Regional Tribunal, marking the first instance in which Indigenous and non-Indigenous communities united to advocate for nature’s rights.

Last year, the Tribunal traveled to Argentina to present its ruling on Vaca Muerta in Neuquén and Buenos Aires and held sessions in Corrientes. The ruling documented severe environmental and human rights impacts of large-scale fracking operations in Patagonia. The findings highlighted contamination of water and soil, biodiversity loss, and direct harm to local communities. This ruling was a milestone in environmental defense and could influence future decisions on fracking in Argentina and beyond.

Meanwhile, in Corrientes, the Tribunal held hearings on the ecological damage caused by exotic monoculture plantations. Working alongside local organization Defensores del Pastizal, they brought attention to the harmful impact of pine and eucalyptus plantations on local ecosystems and community life.

Concept: Rights of Nature

The Rights of Nature is an innovative legal approach that recognizes nature as a living entity with its own rights and interests, rather than merely a resource for human exploitation.

The International Tribunal for the Rights of Nature was created to offer systemic alternatives based on these principles, addressing the shortcomings of state-led environmental negotiations. This "People’s Tribunal" provides a space to judge significant environmental and social justice cases within the framework of Earth Jurisprudence, grounded in the Rights of Nature.

The Tribunal aims to integrate Nature’s Rights into legal and social systems, demonstrating how courts should handle environmental cases. By doing so, it seeks to raise awareness and educate both civil society and governments on these fundamental principles while providing legal experts with tools for deeper integration into legislation.

Toronto: A Strategic Location

The International Tribunal for the Rights of Nature aims to give a voice to both nature and the communities affected by environmental violations. The choice of Toronto as the venue for this sixth session is no coincidence—many of the world’s largest mining corporations, which operate in Latin America, Africa, and beyond, are headquartered in the Canadian city.

"This tribunal will not only provide a platform to expose the environmental destruction caused by mining companies in Argentina but also highlight the complicity of governments that allow these companies to operate with impunity. The message we will deliver is clear: the damage is undeniable, and the impunity is unacceptable," Jofré stated.

Veladero Mine in the San Juan mountain range.

Jofré was unable to travel to Canada due to delays in his passport application, so he will present his testimony virtually from Jáchal.

About the International Tribunal for the Rights of Nature

The International Tribunal for the Rights of Nature was established in 2014 by the Global Alliance for the Rights of Nature to provide a platform where people worldwide can raise their voices in defense of the environment. Its goal is to recommend measures for the protection and restoration of the planet.

Inspired by tribunals such as the International War Crimes Tribunal and the Permanent Peoples’ Tribunal, which investigate and expose human rights violations, this Tribunal seeks to influence the development of International Nature Rights Law.

Just as past tribunals contributed to the strengthening of international human rights law, this Tribunal aspires to generate a similar impact in environmental protection.

The Tribunal is chaired by Dr. Vandana Shiva and Ecuadorian economist Alberto Acosta, with a distinguished panel of judges, including Nimmo Bassey (Nigeria), Leonardo Boff (Brazil), Antonio Elizalde (Chile), Maristella Svampa and Enrique Viale (Argentina), Arturo Escobar (Colombia), and Casey Camp Horinek (Ponca Nation, USA), among others.

Key Figures in the Tribunal

Vandana Shiva: An Indian scholar, environmental activist, and advocate for food sovereignty, known for her anti-globalization stance. Often called the "Gandhi of grains," she has authored over 20 books and is a leading figure in the anti-GMO movement.

Alberto Acosta: An Ecuadorian economist, former Minister of Energy and Mines (2007), and former President of the Ecuadorian Constituent Assembly (2007-2008).

Maristella Svampa: An Argentine sociologist, researcher, and writer, recognized for her work on environmental justice and social movements.

Enrique Viale: An Argentine environmental lawyer, founder of the Argentine Association of Environmental Lawyers, and advocate for the Rights of Nature.

Fact: Cyanide Spill in San Juan

In 2015, over one million liters of cyanide were spilled at Barrick Gold’s Veladero mine, causing severe environmental damage. Despite the scale of the disaster, the case has made little progress in court.

"Despite more than 71,000 signatures demanding justice, authorities have failed to take concrete actions against those responsible," Jofré said. "Cyanide reached the rivers, marking the largest mining spill in Argentina’s history. I don’t know what else needs to happen for justice to be served. This prolonged delay highlights a systemic issue of injustice and impunity that favors mining corporations," he concluded.

This article has been automatically translated and reviewed by an editor. Some nuances may differ from the original. You can read the original version [here].