Climate Change

July 07 2022 Capacity Building, Climate Change, Human Rights

Session 2 of the 2022 GCF Watch International Webinar Series

As civil society organizations that follow on the GCF we have put a lot of attention in the review of funding proposals presented to the Board. During this session we looked further on, into the basic aspects of the implementation of the projects and programs that are approved by the Board. Panelists Bertha Argueta, Germanwatch: The role of different actors in the implementation of projects approved by the GCF. Peter Carlson, Communications Associate of the IRM: The role of the Independent Redress Mechanism (IRM). Said Chakri, Association of Teachers of Life Sciences and Earth of Morocco (AESVT): Monitoring implementation of projects in Africa. Titi Soentoro, Aksi! for Gender, Social and Ecological Justice: Monitoring implementation of projects in Asia. Tara Daniel, Women's Environment and Development Organization (WEDO): The implementation of Gender Action Plans. Moderator: Claire Miranda, Asian Peoples' Movement on Debt and Development (APMDD). RECORDING Presentations 1. Bertha Argueta, Germanwatch: 2. Peter Carlson, Independent Redress Mechanism (IRM): 3. Titi Soentoro, Aksi! for Gender, Social and Ecological Justice: 4. Tara Daniel, Women's Environment and Development Organization (WEDO):

June 29 2022 Fracking, Indigenous Rights, Mining

Examining the obstacles to energy transition in Latin America

The climate crisis and its impacts on human rights require the governments of Latin America to design and implement laws, public policies, and other measures aimed at protecting the lives and integrity of their people. In the region most threatened by global warming, they must do so through mitigation, adaptation and attention to the losses and damages already caused. Given that the current energy system based on fossil fuels is the main cause of the climate crisis, as well as the inequalities that are closely linked to it, the framework for climate action in the Americas must be that of a just energy transition. The energy transition is an opportunity for the continent to abandon old energy production models characterized by large social and environmental impacts, and to move towards environmentally and climatically sustainable methods, while respecting the human rights of the communities and sectors involved. Several countries in the region are failing to integrate this perspective. The case of Colombia exemplifies a risky trend for the region—the government is currently promoting a host of climate-aggravating projects, which deepen dependence on fossil fuels, as useful to the energy transition. Such regressive measures include: the expansion of coalmines in operation or the opening of new mines under the argument that the export of the mineral will finance the transition; and the favoring of natural gas exploitation through tax benefits and the easing of environmental permitting processes, under the false premise that gas is a clean energy source. Sounding the alarm Given the worrying panorama in Colombia, AIDA will be drafting and distributing a series of Urgent Alerts that call attention to projects, public policies and regulations that hinder a just transition, and deepen dependence on fossil fuels. They will be collective alerts, supported by other international organizations that, like AIDA, seek climate justice and work in defense of environmental and human rights. Each alert will be sent to the national authorities in charge of the measure in question. Geared toward promoting reflections on how to advance in the just energy transition, each alert will include public policy and regulatory recommendations based on the State's international obligations and commitments on climate, environmental and human rights issues. In each case, the message is clear—by continuing with the promotion, extraction and use of gas and coal, the Colombian State would be failing to comply with these obligations. The first alert calls attention to the potential definitive diversion of the Bruno stream in the department of La Guajira to expand production at and revenue from El Cerrejón, the largest open-pit coal mine in Latin America and one of the ten largest in the world. The project not only implies an increase in greenhouse gas emissions—coal is responsible for 44 percent of global carbon dioxide emissions—but is also a threat to the rights to water, food security and health of the Wayuu indigenous communities that depend on the stream. A regional scope The measures adopted by the Colombian State may well reflect the situation in other countries of the region, or be replicated in them. Several alerts will refer to the exploitation of hydrocarbons through fracking, a controversial technique advancing blindly in Colombia and other Latin American countries. Another will warn of the use of hydrogen, promoted as a viable and clean energy alternative. In Colombia there is already a public policy route to advance with its implementation and two pilot projects underway. Hydrogen production results from burning coal or gas at high temperatures. Recent studies warn that this requires capturing and storing carbon dioxide, so the alternative depends on being able to store carbon indefinitely and avoid leakage into the atmosphere. In addition, hydrogen production is energy-intensive and involves the emission of gases during the heating and pressurization process, as well as the use of natural gas as fuel. As a region, we cannot afford to delay the energy transition and the achievement of climate justice, both urgent and necessary goals, with options that will only tie us more and more to fossil fuels and to an energy system that only intensifies social inequalities and environmental degradation.

June 01 2022 Climate Change, Human Rights

Session 1 of the 2022 GCF Watch International Webinar Series

The role civil society plays in monitoring the Green Climate Fund (GCF) is crucial to make the best use of much-needed climate resources, while also avoiding the worse impacts brought up by false solutions. The GCF Watch is a civil society initiative, led from the Global South, created to improve access to information on GCF matters and enable better public follow-up and supervision of the GCF. In this second version of the GCF Watch International Webinar Series, experts from across the globe will come together in three webinars to discuss the GCF, the work being done, and ways in which you can contribute to this important effort. Each session will include expert presentations followed by an open space for conversation among attendees and panelists. In this first session, we talked about the GCF Watch Platform and the opportunities it provides, we looked into the last two board meetings that have happened during 2022, and we discussed some of the key topics that are keeping CSO busy around the GCF. Panelists Florencia Ortúzar, Interamerican Association for Environmental Defense (AIDA): Introduction to the webinar series. Kairos de la Cruz, Institute for Climate and Sustainable Cities (ICSC): The GCF Watch Platform. Erika Lennon, Center for International Environmental Law (CIEL): Takeaways from the last board meetings and key topics for CSOs. RECORDING

May 30 2022 Indigenous Rights, Public Participation, Climate Change

What is a just energy transition?

It is possible to propose real solutions to current problems. The various crises facing humanity—climate, energy, food, environment, health—as well as the enormous inequalities that cause, and are deepened by, them can be overcome if we manage to rethink the systems in which we live. In 2021, the energy sector contributed 73.2 percent of total global greenhouse gas emissions. The current energy system, based on fossil fuels, is unequal and inequitable. It is concentrated in large private or state-owned companies, is particularly conflictive in terms of access to resources, and is closed to social participation in decision-making. For these reasons, progress on the energy transition is urgent. There is no single view of energy transition; it is a concept in dispute. Toward what? For whom? How? Conservative views focus the transition on a process of technological substitution toward a change in the energy matrix focused on renewable resources and the search for energy efficiency. On the other hand, the most complete proposals warn that a change in the energy matrix is necessary, but not enough. They see the transition as a process of integral transformation, territorially situated and plural, which implies the creation of new socio-political conditions that restructure the organization, ownership and distribution of the current production and consumption systems. The goal is advancing the right to energy. If we consider the transition as a systems change, it is essential to build another type of relationship between human beings, nature and means of production. Guidelines for thinking about the energy transition in Latin America Based on the arguments of Pablo Bertinat, an expert on the subject, to walk this path in the region requires that we: Build the right to energy as a collective right, in congruence with the rights of nature. We must: take into account the damages to territories and communities created by energy development; eradicate Sacrifice Zones by recognizing their vulnerability; and guarantee respect for human rights during the transition. Solve energy poverty problems with clean, accessible, reliable and affordable energy. Energy projects must benefit the territory in which they are installed in terms of creation, supply and work force, in order to achieve the redistribution of wealth. Advance a process of energy reduction in the face of a scenario of restriction in which resources do not cover the demand. This implies an integral transition. A new productive model based on the availability of energy must be considered, as well as rethinking transportation systems, agriculture, infrastructure, etc. Deepen the change of the energy matrix from processes of resignification of technologies to those that are adequate, that is to say, that allow social inclusion, that are built from the communities, that are oriented to solve their problems, and that take into account the processes of acceptance of new energy enterprises. Promote energy democratization processes through the participation of diverse actors, particularly excluded sectors, in decision-making regarding the transition and the creation and implementation of policies, guaranteeing the rights of access to timely and complete information, quality participation and access to environmental justice, in order to ensure energy autonomy at the local level. In conclusion, speaking of a just energy transition implies recovering energy as a tool to satisfy human needs in a context of finite resources and inequalities. We must not start from scratch. Local communities, academic institutions, non-governmental organizations, social organizations and governments have already taken important steps towards a just, democratic and popular energy transition in the region. With this momentum, the transition is not only desirable, but possible.

May 19 2022 Mining, Toxic Pollution, Climate Change

5 reasons to end coal extraction and use

The use of coal to generate energy began two thousand years ago. Today, its role as a fuel must come to an end: the negative impacts of its exploitation and use far outweigh the benefits. The solution to the climate crisis lies, in large part, in ending dependence on coal. Across the region, we’re seeing a growth in coal projects that conflicts with global emissions reduction targets. In a post-pandemic context, nations must commit to an economic recovery that keeps coal in the ground. As governments and companies across Latin America continue to promote the industry and ignore the true costs of coal, we’re offering them five reasons why the mining and burning of coal is a bad decision – economically, politically, environmentally, for human rights and the climate. 1. Coal is economically unviable due to the high costs of its impacts. The current production chain fails to consider the external costs derived from coal’s climate and environmental impacts, and social damages and it causes, which could double or even triple the price of electricity generated. For example, exporting a ton of coal from Colombia to Europe, the United States or Asia entails estimated external costs between $144.64 and $210.95 per ton, three times the market price of coal (which was $47.80 per ton in August 2019) (1). The exploitation and use of coal becomes economically unviable because the market price is not enough to cover the repair of the damage caused. The most serious aspect is that since the companies in the industry do not assume these costs, they are left in the hands of States, communities and ecosystems. 2. Coal projects create unemployment Arguments that coal mining stimulates development wherever it is carried out are a myth. The pollution created by coal mining impacts the health of the people exposed to it, affecting their work effectiveness and putting them at a disadvantage in accessing other work options. This results in up an unemployment rate of up to 40 percent in populations located near coalmines. In addition, the non-conventional renewable energy industry currently employs many more people than the coal industry. According to the International Renewable Energy Agency, that industry generated 11 million jobs worldwide in 2018, while the 10 countries with the most coal-dependent labor sources only generate approximately 225 thousand jobs. According to UN estimates, switching to renewable energies could generate up to 35 million additional jobs between 2020 and 2050. 3. Investing in coal is increasingly risky Both banks and insurance companies are ceasing to invest in the coal sector because of its high costs, high risks and low profitability. Today, 26 of the world's 35 largest banks have policies restricting financing for projects related to coal mining or coal-fired power generation. In fact, a group of OECD countries recently announced that they will end financial support for coal-fired power plants. Similarly, at least 18 of the world's largest insurance companies have decided to restrict activities linked to the coal industry. This shows that, thanks to public pressure, the industry is being de-financed and its market is no longer insurable. 4. Coal use aggravates the global climate crisis The extraction and burning of coal aggravates the climate crisis and causes vast human rights impacts: among them floods that displace residents, fires that destroy villages and ecosystems, and droughts that destroy crops. According to the Intergovernmental Panel on Climate Change, coal is responsible for 44 percent of carbon dioxide (C02) emissions from fossil fuels. Just nine countries are responsible for 85 percent of global emissions from its combustion. Coal mining also emits methane, a gas with 67 times more power than CO2 to warm the planet over a 20-year period and whose emissions are responsible for about 25 percent of global warming. Building new coal-fired power plants implies catastrophic climate change. This is why the UN proposed urgently accelerating the decarbonization of all aspects of the economy. To stay on track toward limited warming just 1.5°C by 2050, 90 percent of coal must remain in the ground. 5. Coal mining and use violate essential human rights, such as health. The entire cycle of coal—from its extraction, transport and export, to its burning or combustion—causes irreversible damage to people. One of the main impacts of coal mining is the degradation of air quality, which in turn violates the rights to health, life and a healthy environment, generating high rates of morbidity and mortality. The damages caused by coal mining include pneumoconiosis (black lung), known as "the miner's disease", which considerably reduces the life expectancy of those who work in mines and the surrounding communities, where children are the most affected. Likewise, pollutant emissions from coal-fired power plants are mainly responsible for the formation of microscopic particles (PM10 and PM2.5) capable of penetrating the respiratory and blood systems, increasing the rates of serious diseases such as lung cancer, and causing premature deaths. These five reasons are at the same time arguments for the decarbonization of Latin America's energy matrix. The region can and should direct its efforts towards a matrix based on non-conventional renewable energies that are environmentally friendly, people-friendly and sustainable over time. For more information, see our report Carbón, un combustible condenado al entierro. El final de una era y la promesa de una transición justa. (1) Precios actualizados a 2019 tomados de Cardoso A. Behind the life cycle of coal: Socio-environmental liabilities of coalmining in Cesar, Colombia. Ecological Economics 120 (2015) 71- 82, y Cardoso A., Santamaria R,. Peñalver L. (2019). Thetrue cost of coal in Colombia.

April 11 2022 Freshwater Sources, Toxic Pollution, Climate Change

In Peru, a High Court’s Opportunity to Combat Oil Spills in the Amazon

In 2014, 2500 barrels of oil flowing through the Norperuano Pipeline in the heart of the Amazon leaked in the Cuninico River. For native communities, the consequences of the spill persist to this day, affecting the life and integrity of the people of San Francisco, Nueva Esperanza, Cuninico and Santa Rosa, who are still struggling to find clean water to grow their crops. In 2018, accompanied by the Instituto de Defensa Legal, they filed an injunction (known as an amparo in Peruvian courts) in an effort to prevent further spills, calling for the maintenance of the Norperuano Pipeline. Currently, their case is before the Constitutional Court of Peru, which has an unprecedented opportunity to stop oil spills in the Peruvian Amazon and, with them, prevent the systematic violation of the rights of the indigenous peoples who live there. The Court could do both by ruling in the favor of the petitioners and ordering state-owned oil company Petroperu to perform maintenance on the pipeline. AIDA supported the case with an amicus brief detailing the international obligation of the Peruvian state to guarantee the adoption of the necessary measures—administrative, legal, political and cultural—to protect the rights to a dignified life and a healthy environment. A systematic problem with oil infrastructure Sadly, what happened in the Cuninico basin is not a one-time occurrence; it is a systematic problem facing oil infrastructure in the Amazon. Oil spills in the Peruvian Amazon are putting entire families and communities at risk: compromising food security, contaminating ecosystems, and affecting the cosmovision and ways of life of the Amazonian peoples. According to The Shadow of Oil, an OXFAM report from 2020, 65 percent of the 474 spills that occurred in Amazonian oil fields and from the Norperuvian Pipeline between 2000 and 2019—affecting the territory of 41 indigenous communities—were due to pipeline corrosion and operational failures; only 28 percent were caused by third parties. Complementary data from the Organismo de Evaluación y Fiscalización Ambiental and the Organismo Supervisor de la Inversión en Energía y Minería—both public entities—confirm that, for the most part, oil spills derive mainly from a lack of supervision and oversight by the State and the absence of due diligence by the companies. It’s evident that the responsibility for the vast majority of spills lies with the operating companies. This has generated a structural scenario of threats and violations to the human and environmental rights of Peru’s ancestral populations. Broader causes of the continuous oil spills in Peru include a dependence on the extraction of fossil fuels, the lack of maintenance of facilities, institutional weakness, and gaps in corporate responsibility. Strategic litigation: a way forward The courts in the region have been, on many occasions, valuable actors in the protection of the right to a healthy environment and human rights more broadly. In Colombia, courts have prevented the advancement of several projects that were implemented without prior consultation, affecting the rights of indigenous peoples. In Mexico, courts have recognized the rights of indigenous communities to participate in the use and administration of minerals in the subsoil of their territory. In Ecuador, the Constitutional Court (Ecuador's highest court) ordered the Ministry of Environment to remedy the damages caused by palm oil plantations and to take measures to control and mitigate future and potential damages. Now it’s the turn of Peru’s Constitutional Court to defend these rights by moving to protect the Amazon from future oil spills. Undoubtedly, a positive decision would be an important regional precedent for the protection of the Amazon, an indispensable ecosystem. The Amazon region is majestic. Stretching over 2.7 million square miles, it is the largest tropical forest on the planet and is home to at least 10 percent of known biodiversity, much of it endemic. Since ancestral times, it has been home to more than 470 indigenous peoples, quilombolos and traditional communities; among its trees and rivers you can hear more than 86 languages and 650 different dialects. The Amazon is a vital ecosystem in times of climate crisis. It functions as a large carbon sink that stores between 90 and 140 billion metric tons of carbon dioxide, one of the most important greenhouse gases that, if released, would further accelerate climate change. What happened in Peru highlights the importance of strategic litigation to preserve the Amazon as a key ecosystem to confront climate crisis, and to defend the peoples that call it home.

March 30 2022 Freshwater Sources, Climate Change, Human Rights

What you should know about the trinational alert to save the Pantanal from wildfires

In recent years, fires have seriously damaged and endangered the largest freshwater wetland in the world, the Pantanal, which sits at the shared border of Brazil, Bolivia and Paraguay. Given the urgency of the situation, civil society organizations alerted the Secretariat of the Ramsar Convention, the intergovernmental treaty for the protection of wetlands, about the damages to the Pantanal and requested its support in the search for solutions. In the current context of climate crisis, the protection of key ecosystems like wetlands and the curbing of large carbon dioxide emissions caused by forest fires is an urgent task. Here's what you need to know about the crisis facing the Pantanal wetlands and recent efforts to bring about their recovery through transboundary cooperation. An epicenter of biodiversity at risk In its nearly 20 million hectares, the Pantanal is home to species of at least 3,500 plants, 600 birds, 150 mammals, 175 reptiles, 40 amphibians and 300 freshwater fish. Some of these species are endangered in other regions. It is home to the highest concentration of jaguars and caimans in the Americas. The destructive force of fire In 2019 and 2020, the Pantanal burned at an unprecedented rate. In 2020, fires devastated 4 million 300 thousand hectares of the Pantanal region, the highest number recorded since 1998. That same year, 100 percent of Brazil's Pantanal Matogrossense National Park burned. Fires there have become a transboundary problem. Aggravating the global climate crisis In addition to the loss of forests, the death of animals and the direct impact on the health and livelihoods of local communities, fires in the Pantanal aggravate the climate crisis. A study published by the Brazilian Academy of Sciences estimates that the 2020 fires in the Pantanal region of that country released around 115 million tons of carbon dioxide into the atmosphere, more than 20 percent of the carbon dioxide emissions generated in Colombia during that same year. International alert for urgent measures On February 2, World Wetlands Day, AIDA—together with the Center for Biological Diversity and Ecologia e Ação (ECOA)—requested the Ramsar Convention Secretariat to send an advisory mission to six Pantanal wetlands located in Bolivia, Brazil and Paraguay. The organizations also requested that the sites, considered internationally important under the treaty, be inscribed on the Montreux Record, the global list of wetlands at serious risk. They urged the three governments to implement measures to preserve the Pantanal as a transboundary ecosystem. Specialized support for rescue "The advisory mission consists of a visit by international experts who would provide highly specialized recommendations to Brazil, Bolivia and Paraguay to overcome the conditions that generate risk for the conservation and wise use of the Pantanal, as well as to develop innovative management and protection measures," explained AIDA attorney Claudia Velarde. The inscription of the sites on the Montreux Record implies financial assistance, as well as support and technical advice, for the recovery of the Pantanal in the three countries. In July 2021, in the Brazilian state of Mato Grosso alone, the burned area of the Pantanal was five times larger than that of São Paulo. With appropriate and timely actions, it may be possible to prevent the degradation of the ecosystem from recurring in June and July of this year, when forest fires season begins. The alert represents an important opportunity for the countries that share the Pantanal to manage its ecological wealth in a collaborative and sustainable manner, joining efforts for its preservation.

February 15 2022 Capacity Building, Climate Change, Human Rights

Climate litigation in Latin America and the Caribbean: Launching a regional platform

By Maria Antonia Tigre, Florencia Ortúzar and Javier Dávalos* With the largest rainforest in the world, the largest freshwater reserves on the planet and the most significant amount of arable land where food is produced, the importance of Latin America and the Caribbean in the fight against climate change is undeniable. Unfortunately, however, the region is also highly vulnerable to the damaging effects of the climate crisis, despite not being significant emitters of greenhouse gasses. As a result, human and environmental rights are being threatened in a context where defenders are constantly at risk. Sadly, the region has been recognized as the most dangerous for environmental and human rights defenders. Strategic climate litigation has slowly grown in the region as a critical tool to complement the work for the defense of the environment, the territory, and the protection of the rights of peoples and communities. Litigating in the Global South and Latin America is different from litigating in the Global North, with particular challenges that must be addressed strategically. Cases in some of the most dangerous countries for environmental defenders might render them more vulnerable to attacks and threats. A lack of resources might leave plaintiffs, who bravely stand up for the cause, unprotected, and not only from violence but from subtler maladies, such as emotional stress or stigmatization. Another huge obstacle is the grave corruption that affects the region, which implies excessive power for extractive companies. Corruption is a widespread and deeply rooted phenomenon, especially in multimillion-dollar industries such as fossil fuels and extractivism. There’s a risk that companies or governments might co-opt academics, and proving and battling corruption is extremely difficult and dangerous. Finally, one of the most severe obstacles to making climate litigation effective in Latin America and the Caribbean is the difficulty litigators face when implementing favorable decisions. LAC presents some encouraging but at the same time alarming statistics around climate litigation. Although the vast majority of cases that have been resolved so far have had favorable decisions, the implementation of these has, so far, been unsatisfactory. There is much to be done on this front, including identifying administrative deficiencies of States that influence the difficulty of enforcing decisions; and considering, from the planning stage of cases, which remedies are sought and how implementation will be demanded. Despite these challenges, climate litigation is already showing the power it beholds in promoting change. In Peru, a group of young people sued the government for failing to formulate and execute a national policy and plan to curb deforestation in the Peruvian Amazon (Álvarez et al. v Peru). In Colombia, the Wayúu indigenous communities promoted an action to annul the environmental permit of a colossal coal mine (Mina Cerrejon). In Mexico, Greenpeace promoted an injunction to stop atmospheric pollution and improve air quality in the State of Mexico (Greenpeace v Secretaría de Medio Ambiente). In Argentina, the Organización de Ambientalistas Organizados demanded that the Ministry of Environment halts the approval of offshore exploration of fossil fuels for its impacts on whales and climate change (Organización de Ambientalistas Organizados v Ministry of Environment and Sustainable Development). In Ecuador, a group of nine girls questions the Ecuadorian State for authorizing oil companies to burn gas in the Ecuadorian Amazon (Caso Mecheros). In Chile, the NGO Defensoría Ambiental sued the government and all the companies operating in an emblematic sacrifice zone for the environmental damage caused after years of operations (Daño Ambiental en Ventanas). And these are only some examples. The Climate Litigation Platform for Latin America and the Caribbean has been created in this context. The Interamerican Association for Environmental Defense (AIDA), a regional NGO that uses the law to protect the environment and the human rights of communities, has been leading the effort in close collaboration with regional organizations and litigators who have been behind some of the cases in the region. AIDA launched the platform in a webinar, the recording of the event is available here. The Platform, which is maintained in Spanish, offers information on the judicial cases in the region that use climate arguments in a friendly and intuitive manner. It also includes a section of downloadable resources that might be useful for stakeholders who are planning on using the law to advance their cases. The goal is to promote more cases and better outcomes. Thus, the Platform is a tool to deliver, share strategies, experiences, and arguments on climate litigation, help create and strengthen alliances and facilitate contact between people who work in favor of the environment and climate. This initiative emanates from a collaboration with different organizations. It is a cross-cutting and participatory initiative that feeds on collective work. AIDA’s initiative fits well within the collaborative endeavors of the Sabin Center. In December 2021, the Sabin Center launched the Peer Review Network of Global Climate Litigation to enhance the field of study and practice in climate litigation and ensure broad and equal geographic representation in our Global Climate Litigation Database. The Network includes national rapporteurs who help us ensure the database is comprehensive and up-to-date. In addition, the Sabin Center is continuously partnering with regional initiatives that specifically analyze climate litigation within a national or regional context. As part of this ongoing effort, the Sabin Center has partnered with AIDA to share information and facilitate the exchange between collaborators of the two projects. The launch of this regional Climate Litigation Platform is not only great news for Latin America and the Caribbean but also for the whole active global community that uses the Courts in favor of the planet. Visit the Platform *Maria Antonia Tigre is Global Climate Litigation Fellow at the Sabin Center for Climate Change Law, Florencia Ortúzar is a senior attorney at AIDA and Javier Dávalos is coordinator of AIDA's Climate Program.

February 02 2022 Indigenous Rights, Freshwater Sources, Climate Change

In-danger designation requested for Pantanal wetlands in Brazil, Bolivia and Paraguay

On World Wetlands Day, advocates urged the Ramsar Convention Secretariat to conduct an advisory visit to wetlands severely affected by fires, and for the governments of the three countries to inscribe the sites on the global list of wetlands at risk of disappearing. Gland, Switzerland -- Civil society organizations sent an urgent alert to the Ramsar Convention today requesting a full assessment of damage caused by recent fires in the Pantanal, the world’s largest tropical wetland, a natural area shared between Brazil, Bolivia and Paraguay. The groups requested that the Secretariat conduct an advisory mission to analyze the state of six wetlands, which the Convention has recognized as being sites of international importance, and for the wetlands to be included on the Montreux Record, a list of the world’s most at-risk wetlands. The Interamerican Association for Environmental Defense (AIDA), the Center for Biological Diversity and Ecologia e Ação (ECOA) sent the alert on World Wetlands Day. They also urged the three governments to urgently implement measures to preserve the Pantanal as a transboundary ecosystem. The Ramsar sites addressed in the request are the Bolivian Pantanal; the Reserva Particular do Patrimonio Natural SESC Pantanal, the Reserva Particular do Patrimonio Natural Fazenda Rio Negro, the Pantanal Matogrosense National Park and the Taiamã Ecological Station in Brazil; as well as the Rio Negro National Park in Paraguay. "A Ramsar in-danger designation is crucial to combating the Pantanal’s huge and unprecedented fires, which now threaten Bolivia, Brazil and Paraguay," said Alejandro Olivera, a senior scientist with the Center for Biological Diversity. "Public policies that promote agriculture and livestock expansion and allow burning within the Pantanal have combined with limited cross-border collaboration to create a tinderbox. Ecosystem-damaging fires will continue without stronger commitments to protect these critical wetland habitats." In 2020, fires devastated 4.3 million hectares of the Pantanal region, the highest number since monitoring began in 1998; the number of fires burning in the area was 508% more than average. That same year, fires burned 100 percent of the Pantanal National Park Matogrossense. At least 10 million animals died in just three months. Unusually large fires continued in July 2021. "We are asking the States to comply with the obligations acquired before the Convention, generating coherent mechanisms and implementing policies and norms to protect the Pantanal," explained AIDA attorney Claudia Velarde. "An advisory mission to the six Ramsar sites could provide specialized assistance to the Brazilian, Bolivian and Paraguayan governments to overcome the conditions that pose risks to the conservation and wise use of this key wetland.” Likewise, the inscription of the sites on the Montreux Record can result in economic aid, support and technical advice, for the recovery of the Pantanal in the three countries. "We sent an urgent alert for Bolivia, Brazil and Paraguay to focus on the Pantanal as the world's largest transboundary freshwater wetland," said Andre Siqueira, President Director of ECOA. "The Ramsar Convention cannot achieve its objectives if the ecosystems it protects are significantly damaged by the continued use of fire, agribusiness and the lack of adequate resources to fight fires." The biodiversity and ecological richness of the Pantanal is incalculable. At least 3,500 species of plants, about 600 birds, 150 mammals, 175 reptiles, 40 amphibians and 300 freshwater fish inhabit the biome. Many are in danger of extinction in other regions, such as the tuyuyú and the jaguar, the marsh deer, the giant otter and the macaw, all emblematic species of the biome. The Pantanal is home to the highest concentration of species such as the jaguar and the caiman. press contacts: Alejandro Olivera (Mexico), Center for Biological Diversity, +52 612 1040604, [email protected] Victor Quintanilla (Mexico), AIDA, +521 5570522107, [email protected] André Luiz Siqueira (Brazil), ECOA, +55 67 33243230, [email protected]

December 21 2021 Mining, Toxic Pollution, Climate Change

5 important advances for the environmental movement in 2021

Across the region and the world, civil society movements are becoming stronger and ensuring their voices are heard in important decision-making spaces. Actions born locally, and implemented across geography and ideology, are enabling progress on a common goal that transcends borders: the protection of our planet, and the people that most closely depend on it. The best cases and demands reach not only the highest level of their jurisdiction, but set replicable precedents for the movement at large. Given the considerable stress of the year, we wanted to take a moment to look at some of the good things that happened in 2021, all of which will help further and strengthen our work. These five advances were achieved thanks to countless activists, advocates, academics and governments from Latin America, and the world. They’re helping pave the way for accountability, the protection of human rights, and new legal tools that strengthen the global movement for climate and environmental justice. 1. Escazú Agreement enters into force On Earth Day 2021, the region celebrated the entry into force of the Escazú Agreement, the first environmental rights treaty in Latin America and the Caribbean and the only in the world to enshrine protection for environmental defenders. Escazú seeks to guarantee access to information, public participation and justice in environmental matters, all of which are necessary to facilitate the work and protect the lives of environmental defenders. It also recognizes the need for protection measures for communities in vulnerable situations. With the ratification of Argentina and Mexico, the necessary accessions for this breakthrough were achieved. The agreement is also the result of many years of work by civil society, a sector that promoted the development of Principle 10 of the Rio Declaration on Environment and Development, which is key to guaranteeing the human right to a healthy and sustainable environment. Now that it has entered into force, governments must integrate the responsibilities that Escazú establishes into their domestic systems so that defenders and communities can use it to their advantage. Only then will it truly be effective. 2. Court orders Shell to cut emissions by nearly half In a landmark ruling in the citizens' struggle for climate justice, the District Court of The Hague ordered the Anglo-Dutch company Shell to reduce its emissions by 45 percent by 2030. The verdict provides, for the first time, that a company and its subsidiaries must align their policies with global emissions reduction targets, such as those stipulated in the Paris Agreement. It sets a global precedent that was reached thanks to a lawsuit filed by several civil society organizations and more than 17,000 Dutch citizens. The main objective of the lawsuit was not to obtain financial compensation for damages, but to force the oil company to reduce its emissions. This case opened the discussion about the responsibility of companies in aggravating the climate crisis, and was a pioneer in the application of the UN guiding principles on business and human rights. Niels Hazekam, Senior Policy Advisor at Both Ends, one of the organizations involved in the lawsuit, explained the details of the Shell litigation in this AIDA webinar. This victory represents a major advance towards using judicial systems as tools to advance climate justice, with great potential for replication in other parts of the world, including Latin America. 3. International court reaffirms environmental protection in Costa Rica It is legitimate for a country to declare itself free of open-pit mining as part of its environmental protection objectives, declared the ICSID arbitration tribunal of the World Bank in response to a case filed by the mining company Infinito Gold against Costa Rica. In the arbitration, the mining company demanded the payment of $400 million dollars as compensation for the profits not received when the country annulled its mineral exploitation concession. In the early stages of the Crucitas mining project, AIDA warned the Costa Rican government of the threats it would pose to the environment and human rights. In 2008, the government issued a decree declaring the project of interest. Then, in 2011, the Supreme Court upheld a prior court decision to declare the Crucitas project illegal. Clearly unhappy with this decision, Infinito Gold began international arbitration and requested compensation for losses. This year, ICSID concluded that Costa Rica will not have to pay and clarified that the country did not deny the company access to local justice. The decision is an important step forward in the face of the growing intention of companies to sue governments for deciding to protect certain ecosystems. 4. The UN recognizes the human right to a healthy environment On October 8, in a historic day for the future of the planet, the United Nations Human Rights Council recognized that all people have a human right to a safe, healthy, clean and sustainable environment. Costa Rica, Slovenia, Maldives, Morocco and Switzerland led efforts within the Council in the latest stage of a long struggle, along with thousands of organizations, movements, businesses and advocates who joined the call for a #HealthyEnvironmentForAll. By circulating letters and inviting civil society around the world, they were able to show the legitimate interest in recognizing this right. This milestone in the history of international environmental law is the result of nearly 50 years of work by thousands of people who, since the Stockholm Declaration in 1972, have laid the groundwork for this day. Also on 8 October, the Council established the creation of a new Special Rapporteur to promote human rights in the context of climate change. This action responded to a request from civil society, in which AIDA was the meeting and coordination point in Latin America to mobilize the decision. 5. Pollution case goes to the Inter-American Court After more than 15 years, the case of human rights violations due to environmental contamination in La Oroya, Peru, reached the Inter-American Court of Human Rights. It is the first time that a case of air pollution caused by business activities in an urban context has reached the Court. The Inter-American Commission brought the case before the Court after establishing the international responsibility of the State, in response to a petition of a group of local residents—represented by AIDA and our allies—who have been chronically exposed to heavy metals from the Doe Run Peru metallurgical complex. The affected people appealed to the Inter-American Human Rights System because, despite the Peruvian Constitutional Court's order in 2006 for urgent measures to protect their rights, the State failed to comply. The presentation of the case before the Court represents a unique opportunity to restore the rights of the affected persons. Read more and learn about AIDA’s top victories of the year in our 2021 Annual Report!