Climate Change


Parque Nacional Yasuní, Amazonía, Ecuador.

10 positive advances for the environment in Latin America in 2023

It has been a tumultuous year for the world in many ways, and the climate crisis remains one of the greatest challenges we face as a human race. However, it is always worthwhile to assess and recognize the progress made in the quest for environmental and climate justice. So, as we close 2023, let’s celebrate the agreements, decisions, and milestones that give us hope as we continue to defend the planet and all the creatures that call it home.   1. The world has a treaty to preserve life on the high seas. After two long weeks of final negotiations, and decades of previous work, United Nations member states have agreed on a High Seas Treaty to protect two-thirds of the ocean, representing nearly half of the surface of the planet. The new treaty will provide a blueprint for establishing protected areas on the high seas and for assessing and managing human activities that could affect life in this vast area. It will also help achieve the global goal of protecting 30 percent of the ocean by 2030. It has been signed by nearly 80 countries and is in the process of ratification to enter into force.  2. The Ecuadorian people decide to protect the Amazon. Ecuador held a popular consultation to decide whether to stop oil exploration in part of the Yasuní National Park, one of the most biodiverse areas on the planet. The great news is that about 60 percent of the population chose to protect this region of the Amazon, leaving some of the oil in the ground. By recognizing the value of a key ecosystem for stabilizing the global climate, this result transcends national boundaries. It is a hopeful sign of climate ambition that can drive the necessary just energy transition worldwide. 3. The UN recognizes activism for the right to a healthy environment.  The United Nations has awarded the 2023 Human Rights Prize to the Global Coalition of Civil Society, Indigenous Peoples, Social Movements and Local Communities for the Universal Recognition of the Human Right to a Clean, Healthy and Sustainable Environment. The prize is awarded every five years, and this is the first time since its inception that it has been given to a global coalition. It recognizes the coalition's essential role in the recognition of the right to a healthy environment by the UN General Assembly in 2022, as well as decades of civil society efforts and spaces for public participation. 4. Support grows for moratorium on deep-sea mining.  There is currently a call for the International Seabed Authority to pause negotiations on the regulation of undersea mineral exploitation while the necessary information is gathered to understand the impact of this extractive activity on the ocean, species, and people. Mexico was the most recent signatory in November, joining other countries of the region— including Brazil, Chile, Costa Rica, Ecuador, Panama, and the Dominican Republic— in calling for a moratorium on deep-sea mining. You can join their efforts and learn more by following the hashtag #DefendTheDeep. 5. A Fossil Fuel Non-Proliferation Treaty is in the making. Colombia, a major coal producer, was the first Latin American country to join the call for a Fossil Fuel Non-Proliferation Treaty, a global initiative to complement the Paris Agreement. Cities, elected officials, and international organizations such as the World Health Organization have joined the call. The goal of the proposal, led by Pacific Island countries, is to create a follow-up plan to halt the expansion of fossil fuel use and initiate a just transition. For more information, visit the Fossil Fuels Treaty website. 6. There are signs of hope for a "sacrifice zone" in Chile. Although much remains to be done, recent events give hope that things may be looking up in Quintero and Puchuncaví bays, whose residents have suffered decades of pollution from a series of companies. In May, after 58 years of operation, the furnaces and boilers of the Ventanas smelter were finally shut down. Similarly, the multinational company that owns the Ventanas II thermoelectric plant, also located in the bay, announced its definitive closure by the end of this year. Furthermore, the Supreme Court has issued three rulings related to the failure to comply with a 2019 judgment—which orders the state to adopt 15 measures to identify the sources of contamination and repair the environmental situation in the area—and provides tools for its enforcement. Read more about the case in Chao Carbón. 7. Court rules the Colombia must take concrete climate action. Within one year, Colombia's Ministry of Environment and Sustainable Development must adopt concrete measures to adapt to and mitigate the climate crisis. This order was issued by the Council of State, a high court, as the result of a lawsuit alleging that the ministry had failed to comply with the climate commitments contained in national legislation. Colombia, as the largest exporter of thermal coal in Latin America, has an obligation to include in its climate commitments the real dimension of the impacts of extracting, transporting, and burning coal. This case could become a precedent for strategic and successful climate litigation at the regional and international levels. 8. Cajamarca, Colombia continues to set an example for environmental democracy. Popular consultations will be respected. A Colombian court made this clear by upholding the legality of the popular consultation in which the people of Cajamarca rejected AngloGold Ashanti's La Colosa gold mega-mining project. The ruling represents a triumph for participatory democracy and the defense of peasant territories against extractivism. It sets an important precedent for respecting other popular consultations throughout the country and serves as an example for the rest of the region. 9. A regional alliance to protect Andean wetlands is born. The Alliance for Andean Wetlands is a coalition of social and environmental organizations that aims to promote the protection and conservation of Andean wetlands, water, biodiversity, territories, and the lives of indigenous and campesino communities in Latin America, particularly in Argentina, Bolivia, and Chile. Andean wetlands— including salt flats, lakes, and lagoons —are globally recognized as ecosystems of high ecological and social importance. However, they are also very fragile and threatened by the climate crisis and by extractive activities such as the mining of lithium, copper, and other minerals considered "critical" for the transition to new forms of energy production. 10. AIDA celebrates 25 years of working for a healthy environment. This year we celebrate our 25th anniversary, a quarter century of defending the right to a healthy environment in Latin America. Our journey and our impact have been made possible by a great community of allies with whom we have worked and with whom we share this year of celebration. This milestone enabled us to reflect on our accomplishments, which are reflected in our 2023 Annual Report, and to define a vision for the coming years focused on the quest for climate and environmental justice in the region. Thank you for being part of these 25 years and the decades to come!  

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The Alliance for the Andean Wetlands brings together organizations for the protection and conservation of wetlands

The alliance seeks to protect the water, biodiversity, territories and ways of life that depend on these ecosystems in Latin America, especially in Argentina, Bolivia and Chile.   With the aim to promote the protection and conservation of wetlands -as well as the water, biodiversity, territories and livelihoods of indigenous and peasant communities that depend on them- the Alliance for Andean Wetlands (Alianza por los Humedales Andinos) brings together the Fundación Ambiente y Recursos Naturales (FARN) and the PUCARÁ Assembly (Pueblos Catamarqueños en Resistencia y Autodeterminación), of Argentina; the Centro de Documentación e Información de Bolivia (CEDIB) and Empodérate, of Bolivia; ONG FIMA, Defensa Ambiental and Fundación Tantí, of Chile; and the Interamerican Association for Environmental Defense (AIDA), a regional organization. The Andean wetlands - including salt flats, lakes and lagoons - are recognized worldwide as ecosystems of high environmental and social significance. They are also extremely fragile due to their characteristics, whose central element is water, a common good that controls the environment and wildlife. Their vulnerability also rises from the threats they face, including the climate crisis and the negative impacts of extractive activities such as the mining of lithium, copper and other minerals considered "critical" for the transition to new forms of energy generation. In this sense, the increase in demand for lithium in the global north has set in motion an accelerated process of extraction and production at a global level, focused on regions rich in this mineral, such as the Andean salt flats of Argentina, Bolivia and Chile, which are home to more than 53% of proven global reserves. From November 30 to December 12, representatives from nearly 200 countries will meet in Dubai, United Arab Emirates during the twenty-eighth United Nations Climate Change Conference (COP 28) to continue advancing the implementation of the Paris Agreement, which seeks to strengthen the global response to the climate emergency.The protection of wetlands is crucial in this task because they are ecosystems that act as natural carbon sinks, helping to mitigate the crisis. Accelerating the energy transition will be one of the main lines of action at COP 28 Faced with this global trend, the alliance promotes a just, participatory and popular socio-ecological transition with a long-term vision, prioritizing integrated water management under a socio-environmental and climate justice approach. Thus, it supports and accompanies local communities and organizations in the care of Andean wetlands and in the construction of socioeconomic alternatives that go beyond mining extractivism. The alliance also seeks to ensure the participation of communities and their access to complete, truthful and transparent information, as well as to provide information to the global society - involving organizations, States and the private sector - highlighting the value of the Andean wetlands and the multiple threats they face. To achieve its objective, the alliance employs pedagogical, legal, research, advocacy, communication and mobilization strategies collectively and in dialogue with communities and organizations. Recognizing the differentiated impacts of the climate crisis on women, girls, sexual dissidents and other vulnerable groups, the alliance incorporates a gender perspective in all its activities. Press contacts: Víctor Quintanilla, AIDA (regional), [email protected], +521 5570522107 Carlos Ulloa Fuentes, Fundación Tantí (Chile), [email protected] +569 37614815 Rocío Wischñevsky, FARN (Argentina), [email protected], +541159518538 Manuel Fontenla, Asamblea PUCARÁ (Argentina), [email protected], +54 9 3834790609 Faviola Rivera Seifert, Empodérate (Bolivia), [email protected], +591 77129989 Oscar Campanini, CEDIB (Bolivia), [email protected], +591 70344801  

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Santa Marta, Magdalena, Colombia
Climate Change, Human Rights

What makes a litigation a climate litigation?

According to a recent report published by the United Nations Environment Programme (UNEP), climate litigation has doubled worldwide in recent years and has become an important and increasingly popular tool for tackling the climate crisis. Furthermore, the Intergovernmental Panel on Climate Change (IPCC) noted in its sixth report that there is now "a growing academic consensus suggesting that climate litigation has become a powerful force in climate governance". Climate litigation is indeed an integral part of the activists' toolkit for promoting climate action. And it is children, youth, indigenous peoples, civil society organizations, women and local communities who have taken the lead in bringing these legal actions. Climate litigation is, at its core, strategic litigation, which means it seeks far-reaching changes in society that go beyond a specific case. Typically, this is achieved by promoting the protection of rights or changes in public policy. Such litigations hold governments, public authorities, companies and other non-state actors accountable in court for the climate crisis and oblige them, among other things, to adopt, implement and gradually increase concrete measures to reduce their emissions and mitigate the impacts of the climate crisis. Over a year ago, AIDA launched the Climate Litigation Platform for Latin America and the Caribbean, a reference website that collects cases of climate litigation in the region. The goal is to promote the exchange of diverse experiences in order to strengthen cases in favor of necessary structural changes. The Platform contains systematized and updated information on litigations filed before any jurisdictional authority (judicial, administrative, international or autonomous). It contains the arguments supporting the cases, related to the legal obligations of States and other actors in the face of the climate crisis. It also contains cases that, while not directly related to the climate crisis, contribute to the pursuit of climate justice on the continent. And this is where confusion and questions arise: what makes a litigation a climate litigation? The truth is that there is no accepted definition to determine which litigation is climate and which is not. It is a relatively new niche in the field of environmental law and -as with many things in life, it has blurred edges. The fact is that our planet is suffering from multiple crises, all of which are interconnected and closely linked to environmental degradation. In this sense, it is almost always possible to link environmental litigations, in some way or another, to the changing climate. In any case, and with the aim of stimulating a discussion on this subject, we venture here to reflect on possible definitions that shed light and allow us to delimit this concept that is gaining so much relevance.   An approach to climate litigation and its elements One way to approach the question of what makes a litigation a climate litigation is to say that a climate litigation is any litigation that contains arguments related to the climate crisis in its claim or in the sentence that resolves it. Another approach concerns the purpose of the litigation, whereby to say that climate litigation is any litigation relating to climate action. It implies a high complexity and a wide variety of cases, many of which are intertwined. Under this definition, for example, there would be cases that: Seek to mitigate emissions of pollutants that cause global warming. Demand the states to comply (or increase) their international climate commitments. Promote measures to adapt to the unavoidable effects of climate crisis. Demand reparations for damages caused by the climate crisis. Aim to ensure that companies are held accountable for their contribution to the problem. Pursue policies or regulatory changes in favor of climate action. Demand transparency or accountability of government or corporate actions related to the climate crisis. Request that financial institutions raise their standards to take climate and the environment into account in their decision-making. Seek to stop any project that could harm the climate. Aim to protect ecosystems, especially those that act as natural carbon sinks. In some cases, they seek to raise public awareness of issues related to the climate crisis.   Climate litigation: A living and ever-growing tool As can be seen, the variety of cases that can be labeled as climate litigation is enormous and almost as great as the creativity of the people who are implementing this tool. What is interesting is that- despite being a fairly new concept - climate litigation builds on itself. The longer we use it, the more the courts will be involved in examining the obligations of companies and states towards climate action, and the more we will generate more useful jurisprudence, capacities and experiences to move forward. National and international law is strengthened by the use of climate litigation and it is important to keep it alive and growing -and to link it to the responsibility of States and corporations to address the climate crisis- on the basis of the universal human right to a healthy environment. It is important to clarify that strategic litigation -whether climate or environmental- is challenging, complex and expensive. It requires time, resources, skills and commitment. The decision to initiate a climate litigation is not one to be taken lightly. It is often not the best option to achieve a goal. But we can say -with certainty- that it is a key tool in climate action, that has allowed the voices of highly vulnerable and often invisible people and groups to be heard in the forums where decisions are made, where justice is done. It is also the last instance of play in the institutional and legal sphere. Visit the Climate Litigation Platform for Latin America and the Caribbean  

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Female farmers in Palacode, Tamil Nadu, India
Climate Change, Human Rights

Session 2 of the 2023 GCF Watch International Webinar Series

After an update on the latest decisions of the GCF Board, the session centered around the monitoring of the implementation of GCF approved projects, carried out by different civil society organizations throughout the world. Discussions took place around the presentation of case studies in Africa, Asia and Latin America.    panelists Claire Miranda, Asian People’s Movement for Debt and Development (APMDD): An update on the last Board Meeting and what follows for the next one. Bertha Argueta, Germanwatch: Intro on the monitoring of the implementation of GCF approved projects. Case studies of the experience in monitoring implementation in: Africa: Toini Amutenya, Namibia Nature Foundation. Latin America: Maite Smett, Red Internacional de Forestería Análoga (RIFA), and Rosalía Soley, Unidad Ecológica Salvadoreña (UNES).   Moderator: Bertha Argueta, Germanwatch.   Recording  

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Session 1 of the 2023 GCF Watch International Webinar Series

In this first session, we will provide a brief introduction to the GCF, the Updated Strategic Plan for 2024-2027, and the second replenishment process, which is currently underway; we will talk about the GCF Watch Platform and the opportunities it provides; and we will have a conversation with two of our active observers before the GCF, to better understand the work they do, in alliance with the civil society observer network which follows on the GCF.    panelists Florencia Ortúzar, Interamerican Association for Environmental Defense (AIDA): Introduction to the webinar series and moderation. Jei Edora, Asian Peoples' Movement on Debt and Development (APMDD): Intro on the GCF, the new Updated Strategic Plan and the second replenishment process (GCF-2). Ira Guerrero, Institute for Climate and Sustainable Cities (ICSC): The GCF Watch Platform. Erika Lennon, Center for International Environmental Law (CIEL) and Liane Schalatek, Heinrich Boell Foundation.A conversation with active observers of the GCF, on the way we work and why we do it. Camila Bartelega, AIDA: Interactive session to learn from our audience. ​ Recording   Next sessions October 11th - Session 2: CSO led monitoring of the implementation of GCF-approved projects. November 8th - Session 3: Important topics around the GCF.  

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Paisaje desértico en La Guajira, Colombia.

Expanding coal mining in Colombia contravenes a just energy transition

Colombia faces numerous challenges related to the just energy transition the world needs. As the main exporter of thermal coal in Latin America, one of its primary challenges is to define the future of this mineral in the country's economic and energy matrices, as well as how to align this sector with its commitments to address the global climate crisis. Certainly, the measures taken to achieve a just energy transition and meet climate commitments must respect and guarantee human rights. The State must do so with a differentiated perspective that respects the most vulnerable groups in society who are most affected by the impacts of the climate crisis and transition processes. As part of a plan to change the energy transition strategy, the current government has proposed to create a roadmap that focuses, among other things, on promoting renewable energy projects from non-conventional sources, among other initiatives. The proposal is based on four principles: equity, social and binding participation, sovereign graduality with reliability, and a principle of knowledge. Although the proposed strategy can be seen as progress towards energy transition and meeting international commitments and standards, it has some gaps: it does not focus sufficiently on fossil fuel substitution and ignores the role and impact of the coal sector in all its phases. The omission of the structural causes of the climate crisis hinders the consolidation of an energy transition, which is now a contested scenario with various claims and interests at stake. A vivid example is the department of La Guajira in the north of the country, where a high potential for renewable energy coincides with the extraction of 35% of exported coal, exacerbating the climate crisis. This has increased the region's already high climate vulnerability and aggravated human rights violations in that territory. The impacts–particularly water stress, desertification, and reduced rainfall—have been so severe that the government has declared a state of economic, social, and environmental emergency in La Guajira, where the El Niño phenomenon is expected to occur with greater intensity and duration than in previous years.   The coal sector’s role in the energy transition process Combating and addressing the climate crisis requires progress in replacing fossil fuels, as well as slowing down the expansion of their extraction and exploitation with the obvious consequence of limiting their use as much as possible. In the countries of the Global South, which are highly dependent on the extraction and commercialization of fossil fuels, the debate has begun on whether and how to move forward with the substitution process. If Colombia is to move forward in meeting its climate commitments and in the process of a just energy transition, it must halt the approval of new thermal coal mining projects, avoid the expansion of existing projects, and initiate responsible exit processes for a gradual closure of mining operations in which rights are guaranteed. The energy transition roadmap should focus on avoiding, as much as possible, human rights impacts (territorial, subsistence, and environmental) on the communities most affected by the impacts of the climate crisis. The goal is to avoid further human rights violations and a lack of protection for the territories traversed by the coal sector's production chain. The debate around the energy transition and the socio-environmental conflicts associated with coal is fully exemplified in the case of the Bruno stream, in La Guajira, with an ongoing legal process. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the company Carbones del Cerrejón (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights of access to water, health and life. The debate about the energy transition and the socio-environmental conflicts associated with coal is exemplified by Bruno Stream in La Guajira, which is the subject of a court case. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the Carbones del Cerrejón company (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights to access to water, health and life.   What just transition does need After analyzing the role of coal in the process of just energy transition in Colombia, it is possible to conclude that the country is not meeting its climate commitments because it has not established specific measures and actions for the coal sector in its climate policy. If Colombia wants to move forward in fossil fuel substitution, climate policy and the energy transition process cannot be separated from the monitoring and decision-making of the relevant authorities regarding specific projects in the coal sector. Climate change management and the energy transition process must recognize the claims of justice, reparation, and non-repetition raised by communities affected by years of coal extraction, such as those in the department of La Guajira. In a just energy transition scenario, progressive, participatory and inclusive processes to end mining - together with the affected communities - must be ensured, aiming to create diversification and conversion scenarios in regions with high dependence on the coal sector. Acting within this framework is desirable and possible.  

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Mujer y caballo en zona montañosa de Perú
Climate Change, Human Rights

Climate finance and a gender perspective: two concepts that must be intertwined

By Camila Bartelega, Florencia Ortúzar and Francisco Pinilla*   Women and girls are disproportionately affected by the onslaught of the climate crisis. This is because they are usually the ones responsible for fetching water and food, and for taking care of children, the elderly, and the sick. Climate change makes this unpaid care work much more difficult. Evidence also shows that women and girls are more vulnerable to natural disasters. It's estimated that they're 14 times more likely to die than men when natural disasters strike. This may be because they are caring for vulnerable people, because they are often not taught how to swim or climb trees, or because they wear inadequate clothing to respond, amongst others. On the other hand, as the climate crisis creates chaos and increases conflict, they are more vulnerable to sexual assault and domestic violence. This is fueled by the growing frustration of a world in which resources are becoming scarcer and more difficult to obtain. It is clear, then, why it is important to include a gender perspective when talking about how best to address the climate crisis. But doing so is important not only to "level the playing field" for historically disadvantaged women, but also because they have a lot of knowledge to contribute, and the additional burdens they carry affect their ability to contribute to the best solutions. Including a gender perspective in climate action is therefore both fair and desirable for more effective and beneficial outcomes. If they are excluded, women lose, and we all lose. For Maite Smet, Executive Director of the International Analog Forestry Network, when we talk about a gender approach, or even a feminist approach, we are talking about issues of power. "Working from a gender and climate justice perspective is about wanting to change systems of power that have historically oppressed and socially excluded people," she said. "It opens up the possibility of including people who have not been part of important climate conversations and decisions." Now let's look at the relationship between gender and climate finance, a critical element in the uphill battle to preserve a livable planet.   Gender and climate finance Tackling the global climate crisis will require transforming the way we live on the planet, including energy and food production, infrastructure and transportation. This will require significant financial resources. The Paris Accord stipulates that developed countries must provide financial assistance to the least developed and most vulnerable countries.   This brings us to the world of climate finance: The provision of funds to implement mitigation and adaptation measures. All climate finance must have a gender perspective, as the impacts of the climate crisis disproportionately affect women and girls. What does this mean? It means funding that understands and intentionally addresses these differentiated impacts. It means that funding decisions are made with the participation of women, recognizing that they have valuable knowledge of their territories and are therefore the bearers of valuable solutions. Finally, it means making funding available and accessible to women. According to Natalia Daza, gender monitor of the Green Climate Fund for Latin America and the Caribbean and member of the Women Environment and Development Organization, the gender approach to climate finance has a lot to do with understanding that inequality shapes the way social relations take place. "Women are affected differently, usually more negatively, by the impacts of climate change,” she explained. “That's why civil society has a very important role to play in ensuring that climate action includes the voices of women, LGBTIQ+ and feminist organizations, from design to implementation.”   The Gender Approach in the Green Climate Fund At AIDA, when we track climate finance coming into the region, we focus on the Green Climate Fund (GCF), the world's leading climate fund, which is accountable to the United Nations Framework Convention on Climate Change. Although far from perfect (not least because what is written is not necessarily followed), it is perhaps the most progressive fund on gender issues.   The GCF's gender policy recognizes that climate change affects women and men differently and emphasizes the importance of women's participation and leadership in decision-making processes related to finance. It is considered progressive, compared to other funds, because of its cross-cutting approach, which seeks to integrate gender considerations into all aspects of financing. According to Seblewongel Deneke, the GCF’s gender specialist, any policy or strategy that emerges from the fund must take the gender perspective into account. "It is clear that both women and men contribute equally and should have equal opportunities. But we need to recognize that there are differentiated challenges for men and women, and that both are part of the solution." The policy includes capacity building, tools and materials. "The climate debate is not just about the climate agenda; it brings other elements of inequality to the table. We need to change access to education and health and ensure the basic rights that every individual should have, including women," Deneke said.   What is needed? We cannot deny that we have made progress. The importance of the gender perspective in climate action and finance is discussed and recognized. There are policies to ensure it, institutions to implement it, and sometimes even staff and budgets to do so. But the job is not done. Women still have less access to climate finance and fewer positions of power. And mitigation and adaptation projects often fail to consider the disproportionate impact of climate change on women. It is not easy to change things when they move with the inertia of what has always been. But we cannot give up. At AIDA, we have integrated a gender perspective across all our work. In doing so, we have broken new ground on many fronts and improved our results, and not just for the benefit of women. As a regional node of GCF Watch, an international observatory that monitors the Green Climate Fund, AIDA is a bridge between decision-making at the Board level and the territories that receive the projects financed. Florencia Ortúzar, Senior Attorney at AIDA, says that it is not enough to have funds, there must also be adequate investments. "Civil society monitoring is key to ensure that investments in the name of climate are made with respect for human rights and with a gender focus, and to achieve the maximum potential of the funds allocated to these types of projects and programs." This was the theme of an in-person event held in Rio de Janeiro in June. Supported by the Global Alliance for Gender and Green Action (GAGGA) - and organized by CASA Socio-Environmental Fund, AIDA and Both Ends - the event aimed to train and motivate regional organizations with a feminist base to be better prepared to follow up on the Green Climate Fund. Lola Gutiérrez, director of the Bolivian Women's Fund, who attended the event, emphasizes the importance of learning more about the fund, other countries' experiences, and how to access these resources. "Women are affected in different ways by extractivism and climate change, and we are fundamental actors in the solution. It is important to be present and to problematize what is happening." One of the conclusions of the event was that with the progress in policies and with a narrative that is much more receptive to gender, we can stop being gatekeepers that prevent the passage of bad projects and become strikers that propose projects to be implemented to stop the climate crisis. Therein lies the hope that these grassroots organizations will soon be the ones accessing funds and proposing solutions. Only then can we celebrate and rest.   * Camila Bartelega is a fellow with AIDA's Climate Program, Florencia Ortúzar is a senior attorney and Francisco Pinilla is a digital communications strategist.  

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Paisaje de la selva amazónica en el Parque Nacional Yasuní, Ecuador

Protecting Ecuador’s Yasuní National Park can bolster the global just energy transition

What the people of Ecuador decide in an August 20 referendum has the potential to not only slow oil exploitation in the Amazon, but also to generate a transformative impact at the national and international levels, recognizing the value of the key ecosystem for stabilizing the global climate and the need to transition to renewable and sustainable energy production.   On August 20, in a popular consultation, the Ecuadorian people will have the opportunity to decide on a definitive halt to oil exploitation in a part of Yasuní National Park, one of the most biodiverse areas of the planet, located in the Amazon rainforest. The consultation seeks to stop oil extraction in the ITT block (Ishpingo, Tiputini, Tambococha), one of three in production within the park. Yasuní National Park is a UNESCO Biosphere Reserve. Multiple scientific studies have demonstrated its value in terms of biodiversity and its significance as the home to the Waorani people, and to the Tagaeri and Taromenane indigenous groups in voluntary isolation. The Amazon is an interconnected region shared by eight countries—Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela—and by French Guiana, a French overseas department, and what happens in one part of it affects the rest. Moreover, as a megadiverse region that serves as a global climate stabilizer, the importance of the Amazon rainforest is global. The eyes of the world will be watching to see if Ecuador chooses to protect its Amazonian territory, which would have a transformative impact not only in the country, but also across Latin America and the world. Protecting Yasuní would send a clear message that recognizes the ecological and social value of the Amazon to materialize the necessary energy transition and the protection of human rights. Javier Dávalos, AIDA's Climate Program Coordinator and Ecuadorian attorney, reflects: "After years of relentless struggle by social organizations and indigenous movements, Ecuador has the chance to make important progress in protecting an ecosystem that is key to adapting to and mitigating the global climate crisis, as well as to the survival of traditional and indigenous peoples, including those in voluntary isolation. To protect the climate for this and future generations, fossil fuel production must begin to decline immediately, and renewable energy production must be accelerated as part of a just transition. Ecuador can be a pioneer, leaving behind the environmental and social sacrifice zones promoted by the fossil fuel industry and showing the world how civil society can promote the just energy transition that the world needs.  It can be an example of how to build energy alternatives based on guaranteeing human rights and the rights of nature, and how to effectively combat the triple crisis the world is facing: climate change, biodiversity loss and pollution." Context The initiative to put a definitive stop to oil exploitation in part of the Amazon is in line with the recommendations of the Intergovernmental Panel on Climate Change and the International Energy Agency that one-third to two-thirds of oil reserves be left in the ground in order to keep the increase in the average temperature of the planet below 2°C, compared to pre-industrial levels, and thus avoid catastrophic effects. The popular consultation in Ecuador takes place a few weeks after the UN Secretary General, Antonio Guterres, declared the beginning of the era of "climate boiling", pointing out the need for concrete changes to face the emergency and crisis caused by global warming. In addition, this consultation comes shortly after the conclusion of the Amazon Summit in Brazil, where the eight Amazonian countries discussed how to chart a sustainable path forward for the Amazon rainforest. "It is time to phase out fossil fuels to protect the Amazon," said Gustavo Petro, President of Colombia, who recently urged Amazonian countries and their partners in the Global North to commit to phasing out fossil fuel exploitation in order to protect the right to a just transition and accelerate the transition to a post-oil economy. press contact: Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107  

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Glaciar Perito Moreno, Argentina
Climate Change, Human Rights

Climate Litigation Platform for Latin America and the Caribbean: The road traveled

When the world was in a health crisis and COVID-19 made us turn away from everything and everyone, I came across the Climate Litigation Community of Practice in Latin America. In those days of 2020, I was an external collaborator for Greenpeace Mexico, and I was lucky enough to meet Javier, Florencia, and Veronica, who hosted this nascent community from their roles at AIDA. The community facilitated several virtual meetings to share ideas on climate litigation with people from all over the region concerned about the environment, the climate crisis, and the health of the planet and living beings. We affirmed our shared concerns and showed how we were addressing the environmental and social crises from each of our trenches, using strategic climate litigation. Some people were litigating against deforestation, coal mines, and thermoelectric power plants, or for the inclusion of climate change variables in environmental impact studies. Others were trying to stop fossil fuel policies or to improve and meet national climate commitments. It was interesting to see the breadth and versatility of how litigation is being used to advance climate action. AIDA then invited us to a series of meetings with the protagonists of some of the world's most emblematic strategic litigation cases. The experience of being in close contact with these people, in a space of trust, was unparalleled. It certainly reinforced my belief in the importance of the struggle being waged and the need to learn more about climate litigation. Then came another invitation from AIDA, this time to participate in the Advisory Committee to build a platform that would bring together in one place the cases of climate litigation in our region and in our language, as testimonies of a resistance that comes from many different fronts. The goal was to create a website where users could access information, find arguments to support the struggles, develop strategies, and have the possibility of contacting attorneys and academics. All to make visible the efforts of Latin America and the Caribbean in the face of climate conflicts. The Alana Institute of Brazil, the Foundation for Environment and Natural Resources of Argentina, the Office of the Environmental Ombudsman of Chile, and Greenpeace Mexico responded to the call to participate in the design of the tool. The collaborative efforts bore fruit, and in February 2022, the Climate Litigation Platform for Latin America and the Caribbean was officially born, with the goal of strengthening climate litigation in the region, and with it its power to promote the structural changes that are needed. The main challenge was how to collect, systematize, and update the data. The solution was to create a team of rapporteurs. Thus, volunteers—attorneys or law students from different countries with an interest in environmental, climate and human rights advocacy—began to work together virtually to maintain and update the platform and report new cases in their jurisdictions. The Platform started with 49 cases, and currently hosts 61 cases from eight countries. Another 30 are in the process of being added. The cases are identified and categorized in a user-friendly and intuitive way. The team of rapporteurs consists of 24 people from 12 countries. Without their tireless work and enthusiasm, the platform would not be possible. A year and a half after the launch of the Platform, and much longer since its inception, my memories point to the enthusiasm, dedication and commitment of many people to defend our common home, fight against devastation, and the possibility of bequeathing a greener and bluer planet to the future. We have a responsibility to future generations. We must provide tools, initiate and continue actions that will guide future legal actions to protect and care for the environment. I share with you my conviction that the goals set by the Community of Practice at its first meetings in 2020 will be achieved and that this project will continue to move forward by leaps and bounds. The challenge remains: to continue to share the success stories, the valuable lessons learned when things do not go as we expect, the successful regional and international experiences; and to continue to work to make effective the decisions that give reason to the planet. From AIDA, we invite you to learn about and use the Climate Litigation Platform for Latin America and the Caribbean to enter the world of climate litigation, which represents a great opportunity in the fight for climate justice and the protection of human rights in the region and the world. Visit the platform  

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Río en la Amazonía

Amazon Summit: 6 proposals for preserving the Amazon through regional cooperation

The Amazon is the world's largest tropical forest, a megadiverse ecosystem, and a global climate stabilizer that plays a key role in South America's water cycle. The region is also home to hundreds of indigenous, peasant and local communities. Despite its richness and cultural importance, the Amazon is threatened by colonization and land grabbing, deforestation, fires and extractive activities, among others. Because the Amazon is shared by eight countries – Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela – and French Guiana, a French overseas department, its conservation requires a regional effort. The Amazon Cooperation Treaty (ACT), signed in 1978 by the eight Amazonian countries, promotes the sustainable development of the Amazonian territories, with an emphasis on cooperation and scientific research. In 1998, with an amendment to the Treaty, the countries created the Amazon Cooperation Treaty Organization (ACTO) to strengthen and improve the cooperation process. Today, ACTO is the only socio-environmental bloc in Latin America and the most important scenario for establishing solid regional coordination for the conservation of the Amazon biome. However, this intergovernmental organization has not yet reached its potential. On the one hand, it has encountered obstacles in generating funding, and has had to rely on international sources on several occasions. On the other hand, it has not allowed the effective participation of civil society.                     On August 8 and 9, the city of Belém do Pará in Brazil will host the Amazon Summit 2023, the fourth meeting of the Presidents of the States Parties to the ATT. Given the opportunity that this meeting offers to revitalize the ATT for the benefit of the Amazonian territories, we present below six proposals for the conservation of this ecosystem through regional cooperation.   1. Reform ACTO bodies to allow for public participation There is an urgent need to update the ACT and reinstate ACTO to ensure broad civil society participation, including in the meetings of ACTO's governing bodies and in the drafting of its Strategic Agenda for Amazon Cooperation. The minutes of such meetings should be made public. These and other measures are essential for Amazonian states to fulfill their obligations under the Escazú Agreement, a regional treaty that recognizes the public's right to access information on environmental matters.   2. Promote involvement, dialogue and coordination with Amazonian populations The indigenous, peasant and local communities that inhabit the Amazon have played a fundamental role in its protection. For millennia, their knowledge has enabled its conservation. Therefore, efforts to conserve this ecosystem must begin by recognizing, valuing and protecting these ancestral knowledge systems, promoting their participation in decision-making, and guaranteeing their rights in accordance with international human rights frameworks.   3. Protecting environmental defenders in the Amazon Four of the Amazonian countries – Brazil, Colombia, Ecuador and Peru – are among the countries with the highest risks for environmental and territorial defenders, especially indigenous and peasant women defenders. Despite this, ACTO currently has no strategy to address this serious situation. The organization must guarantee environmental defenders a safe and conducive environment for their work, a task that should include a program for the protection of women defenders in the Amazon.   4. Effectively fight the use of mercury in gold mining The use of mercury in small-scale gold mining is devastating to communities and ecosystems in the Amazon. At the regional level, ACTO should adopt a resolution or program to address this issue directly. And at the international level, member states should act as a bloc to push for amendments to the Minamata Convention on Mercury so that the treaty prohibits the marketing of the heavy metal and its use in small-scale gold mining.   5. Promote compliance with international environmental agreements Based on a regional strategy for the recognition of international environmental law to protect the Amazon and its people, ACTO should advise States Parties on compliance with environmental treaties such as the Convention on Biological Diversity. It should also assist States in the inclusion of threatened sites, knowledge systems, traditions and cultural expressions of peasant communities and indigenous peoples on lists of priority international attention and support, such as UNESCO Biosphere Reserves and Intangible Cultural Heritage, and Wetlands of International Importance under the Ramsar Convention on Wetlands.   6. Promote a different vision of development for the Amazon ACTO should promote a vision of development that considers communities and addresses the problems of deforestation, fires and the expansion of the extractive frontier through international integration. It should also articulate regional efforts to stop the expansion of the oil frontier and advocate for the establishment of a moratorium on fossil fuel extraction in the Amazon. In addition, it should promote legal reforms that discourage the expansion of illegal mining and its impacts.   Looking to the future The Amazon rainforest and the potential for regional cooperation to conserve it are at a critical juncture. The point of no return for the Amazon, the point at which the rate of deforestation nullifies its capacity to regenerate, is no longer a future scenario. But at the same time, after several years of little action within ACTO, this year's Amazon Summit and the reactivation of the Amazon Parliament in 2022 renew hope for regional cooperation to conserve the Amazon. In the same vein, the presidents of Brazil and Colombia recently announced their goals to reduce illegal deforestation in the Amazon by 2030. Given the current threats to the Amazon and ACTO's mandate to promote regional cooperation, its member states should seize this moment to provide the organization with more regular and permanent funding. This is necessary to implement effective long-term programs and, in particular, the above-mentioned proposals. Civil society should also take full advantage of opportunities for advocacy with ACTO and its bodies, including participation in the Amazon Dialogues that will take place from August 4 to 6 as a prelude to the Summit. Joint regional and transboundary efforts are powerful enough to save a vital ecosystem for the region and the world.  

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