Climate Change

November 10 2023 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

Female farmers in Palacode, Tamil Nadu, India

October 11 2023 Climate Change, Human Rights

Session 2 of the 2023 GCF Watch International Webinar Series

The monitoring of the implementation of GCF-approved projects 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. PanelistsClaire 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

September 13 2023 Climate Change, Human Rights, Capacity Building

Session 1 of the 2023 GCF Watch International Webinar Series

The CSO network and the way it works 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. PanelistsFlorencia 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

Paisaje desértico en La Guajira, Colombia.

September 12 2023 Indigenous Rights, Mining, Freshwater Sources

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.

Mujer y caballo en zona montañosa de Perú

August 25 2023 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.

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

August 14 2023 Indigenous Rights, Climate Change, Human Rights

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

August 07 2023 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

August 03 2023 Indigenous Rights, Climate Change, Human Rights

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.

Vista áerea de la Fundición Ventanas en la comuna de Puchuncaví, Chile

July 21 2023 Toxic Pollution, Climate Change, Human Rights

When the energy transition isn’t just: The case of Quintero and Puchuncaví in Chile

By Cristina Lux and Florencia Ortúzar * The energy transition in Chile will inevitably occur. In fact, it is already underway. The country doesn’t have large deposits of fossil fuels, but it does have abundant renewable energy resources. It only makes sense, then, that prior dependence on coal should naturally shift to the sun, wind and other renewable sources. Today, after decades of struggle by local communities, the closure of Chile’s original 28 coal-fired thermoelectric power plants is underway as part of the Decarbonization Plan promoted by the government in 2019. Eight have closed, six others have a future closure date, six more are in the process of establishing one, and eight do not yet have a closure plan. If the government and private actors deliver as promised, the thermoelectric plants as a whole should close before 2040, freeing Chile from the energy derived from burning coal. But the history of coal dependence will undoubtedly leave a deep mark. For many years, Chile obtained more than 50 percent of its energy from thermoelectric plants, all located in just five locations, known as "sacrifice zones." The people who live in those areas have long suffered at the expense of generating electricity for the rest of the country. The story of one of the most emblematic of Chile’s sacrifice zones, the bay of Quintero and Puchuncaví, demonstrates why the transition not only must occur, but why it has to be just. A beautiful seaside resort battered by pollution With a little more than 40 thousand inhabitants, the bay of Quintero and Puchuncaví is located two hours by road from the country's capital. The families there have historically lived from agriculture, artisanal fishing and tourism, ways of life that have been extinguished by the relentless advance of intensive industrial activity. Photo: Claudia Pool / @claudiapool_foto / www.claudiapool.com Today, the site is home to more than 30 different companies: a coal-fired thermoelectric complex, gas-fired thermoelectric plants, a copper refinery and a petroleum refinery, a regasification port, a cement plant, ports that receive coal and other fuels, as well as coal and ash storage centers, among others. Public information regarding the emissions of this mix of companies is deficient and the lack of regulations governing them is abysmal. In fact, only a few pollutants are regulated. The rest are not even measured, despite the fact that several are dangerous to human health. And so, paradoxically, the monitoring stations show normal levels as people are being intoxicated in the streets and schools. In the bay there are often mass poisonings of adults and youth, many of whom end up in the hospital. In these cases, schools are closed, but businesses are not, and the wind is monitored to activate protocols in case of poor ventilation. The blame is placed on the lack of wind instead of on those responsible for the pollution. It’s also common to see coal deposits on the beaches, which stain the sands. In 2022 alone, more than 100 episodes were recorded. It’s alarming how the situation affects local children, who are particularly vulnerable to pollution due to its effects on human development. The impact on women is also disproportionate, as they are the first to be forced to leave their jobs to care for sick family members since they bear the brunt of the care work. Things have not been done well in this beautiful coastal area. Today, new projects and the expansion of industrial operations continue to be approved. But the community is rising up, demanding a truce for this area. It is time to move towards ecological restoration in Quintero and Puchuncaví. Signs of hope Some recent events are giving hope that things could improve in the bay and that this area, which for years has been sacrificed in favor of the rest of the country, could once again show its beautiful beaches and wonderful fishing and agricultural resources to Chile and the world. Although the situation is not yet cause for celebration, some things seem to be moving in the right direction. One important step was the environmental damages lawsuit filed in 2016 by local communities against the government and all the companies in the industrial corridor. The process has been long, but a final judgment is expected soon. Meanwhile, in 2019, the Supreme Court resolved several appeals for protection for episodes of mass intoxications, giving reason to the communities and issuing a landmark ruling, perhaps the most important on environmental matters in Chile. The ruling orders the State to comply with 15 measures to identify the sources of contamination and repair the environmental situation in the area. Sadly, this ruling has not yet been properly implemented. Moving forward, the Supreme Court recently issued three rulings that refer to non-compliance with the 2019 ruling and provide tools to enforce compliance. Also, two of the four thermoelectric plants of the U.S.-owned AES Andes have closed operations in the bay. Two remain. Finally, in May, after 58 years of operation, the furnaces and boiler of the Ventanas Smelter were finally shut down. Thus, the icon of pollution in the area—a 158-meter chimney that consistently expelled pollutants—ceased to operate. The search for justice is far from over Despite the good signs, there is still no secure future for the people of Quintero and Puchuncaví. That’s why we must continue to demand justice and a transition that protects the most vulnerable people. Photo: Claudia Pool / @claudiapool_foto / www.claudiapool.com Although two of the four AES Andes thermoelectric plants operating in the bay have closed, the companies that owned them have been granted "strategic reserve status," whereby they are paid to remain available to operate again if required. On the other hand, although the copper smelter of the state-owned Corporación Nacional del Cobre closed, the refinery continues to operate in the area. There was a relocation plan for the workers, but no remediation plan for the communities that for almost six decades breathed the toxic waste of that industry. In addition, projects continue to be approved without the participation of the communities. This is the case of the Aconcagua desalination plant, which intends to desalinate water to transport it through subway pipes over 100 km to supply the Angloamerican mining company. Last but not least, decarbonization in Chile seems to bring an increase in the use of gas, which has been falsely labeled as a "transition fuel." It’s expected that gas activity in the area—which hosts one of the country's two LNG (liquefied natural gas) regasification ports—could intensify and, with it, so could its environmental impacts. Chile has the opportunity to set an example of just transition Chile, located at the end of the continent, has the opportunity to do things right. There are indications they’re moving in the right direction; the only thing missing is the political will to change course. The region of Quintero and Puchuncaví deserves the opportunity to shine again and to reach its full potential as a colorful coastal town and seaside resort with an identity rooted in agriculture, tourism and artisanal fishing. In this case, a truly just transition must include the closure of polluting companies that are making people sick. But it must also involve the participation of those people affected, putting the respect of their human rights at the forefront—a respect that was so diminished over the last six decades. The injustice that has weighed on the territory and its inhabitants must be recognized—establishing reparation mechanisms, ensuring non-repetition, and involving the people themselves in the environmental recovery of the area. Only in this way will the communities recover their capacity for agency—that power to decide and to be part of the decisions that affect them—which was taken away from them so many years ago. *Cristina Lux is an attorney with AIDA's Climate Program and Florencia Ortúzar is a senior attorney with AIDA.

Transición energética justa y justicia climática

July 18 2023 Climate Change, Human Rights, Capacity Building

Session 3 of the AIDA’s 25th Anniversary Webinar Series

A dialogue to build a path toward climate justice and a just energy transition In this third and final session we discussed, starting from a place of hope, the path towards a just energy transition and climate justice in the region. We explored what both concepts mean, what is needed to achieve them, and the tools and successes at our disposal. Panelists Felipe Pino Zúñiga, lawyer and Project Coordinator at NGO FIMA (Chile). Bernie Bastien-Olvera, interdisciplinary researcher on climate change at the University of California, communicator and media producer (Mexico). Tania Ricaldi Arévalo, researcher at the Centro de Estudios Superiores Universitarios of the Universidad Mayor de San Simón (Bolivia). Moderator: Florencia Ortúzar, senior attorney, Interamerican Association for Environmental Defense (AIDA). Closing: Anna Cederstav, AIDA's Deputy Executive Director and Chief Financial Officer. Recording