Climate Change

September 07 2022 Toxic Pollution, Climate Change, Human Rights

An alliance for clean air in Latin America is born

In the face of environmental injustices, like poor air quality and its harm to human health, our societies respond together and organize in similar ways, without even knowing it. This was one of the takeaways from the Latin American Meeting for Clean Air, which in early August brought together researchers, government officials, youth leaders, civil society representatives and international cooperation agencies from Brazil, Chile, Colombia, Ecuador, Mexico and Peru. They met with three main objectives: to strengthen the link between air quality and climate justice, to exchange lessons learned, and to build networks for international collaboration. "Poor air quality and related health problems are a common problem in Latin America, knowing no borders or territorial boundaries," explained Anaid Velasco, Research Manager at the Mexican Center for Environmental Law (CEMDA). According to the World Health Organization, air pollution affects close to 90 percent of people living in urban areas around the world. Despite the magnitude of the problem, public actions and policies to improve the air we breathe are not fully standardized. In addition, air quality indices across the region are not uniform and do not allow people to be adequately informed of the dangers of air pollution in different environments. This represents a problem and, at the same time, an opportunity to collaboratively create and refine tools. Aware of the opportunity, meeting participants founded the Latin American Coalition for Clean Air (ALAIRE) to respond to three primary goals: To position a narrative that makes air quality a strategic priority in the public health and climate crisis management agendas in Latin America. To influence authorities and promote public policies that contribute to an improved management of the sources that contribute to poor air quality in the region. To advocate for conditions for civil society and the business sector to become involved in compliance with regulations, policies and the improvement of air quality in the continent. "The creation of this coalition is a fundamental step towards improving the air we breathe, across the region," Velasco said. "CEMDA is very proud to be part of it as clean air is a fundamental condition to guaranteeing the human right to a healthy environment." The Latin American Meeting for Clean Air was organized by AIDA, El Derecho a No Obedecer (a project of Corporación Otraparte), Trébola Organización Ecológica, Coalición Respirar, El Poder del Consumidor and the Heinrich Böll Foundation. It had open activities attended by 200 people, as well as closed meetings to reach agreements among the key organizations. The meeting served to reaffirm that the fight for clean air is also the fight to reduce greenhouse gases and confront the climate crisis, as well as a necessity to guarantee the right to health of people in the region. The event also confirmed the importance of citizen science, in which individuals are working to demonstrate the true levels of exposure to poor air quality in different cities in the region, in turn highlighting the urgency to act. The newly formed coalition will empower the efforts of citizens, academics, organizations and other actors, while contributing to the achievement of regional agreements for the development and implementation of public policies that improve air quality and protect human health.

September 06 2022 Climate Change, Human Rights, Capacity Building

Session 3 of the 2022 GCF Watch International Webinar Series (part two)

Important topics around the GCF (part two) This session focused on key issues identified by CSOs during the series initial webinar. It addressed key aspects of the proposals that are presented by accredited entities to the GCF to become approved projects, including tips on how to review them. We also talked and reflected upon the critical aspects of gender and indigenous peoples at the GCF. PanelistsFlorencia Ortúzar, Interamerican Association for Environmental Defense (AIDA): Reviewing funding proposals.Liane Schalatek, Heinrich Böll Stiftung (HBS): GCF project types, approaches & relationship to false solutions.Helen Magata, Tebtebba (Indigenous Peoples' International Centre for Policy Research and Education): Indigenous Peoples at the GCF.Natalia Daza, GCF Gender Monitor for Latin America: Gender at the GCF.Moderator: Bertha Argueta, Germanwatch. Recording Presentations1. Florencia Ortúzar, AIDA: 2. Liane Schalatek, Heinrich Böll Stiftung (HBS): 3. Helen Magata, Tebtebba (Indigenous Peoples' International Centre for Policy Research and Education): 4. Natalia Daza, GCF Gender Monitor for Latin America:

August 18 2022 Climate Change, Human Rights

Brazilian court reaffirms the power of litigation to strengthen climate action

In July, Brazil's high court ruled that the government has a constitutional duty to allocate the necessary economic resources to support the operation of its Climate Fund, a tool created to combat the climate crisis, which has been paralyzed in recent years. With this ruling, the Supreme Federal Court resolved the first climate litigation in its history and set an important precedent for Brazil and the world. The decision equates the Paris Agreement—which seeks to strengthen the global response to the climate emergency—with a human rights treaty, granting it a higher status than ordinary laws and other inferior norms such as Executive Branch decrees. This may give way for courts and judges in other Latin American countries to make the same recognition. "The Supreme Federal Court created a privileged framework of protection for climate change mitigation and adaptation, one that ensures one of the fundamental pillars of climate action: financing," explains Marcella Ribeiro, an AIDA attorney. "Furthermore, it made clear that the Executive Branch, by restricting resources that by law are destined for climate action, is failing to comply with international agreements and conventions on human rights to which Brazil is a party." The Brazilian Socialist Party, the Socialism and Liberty Party, the Workers’ Party and the Sustainability Network Party filed the lawsuit over the Brazilian government’s failure to provide resources to the Climate Fund in 2020, with support from the Climate Observatory and the Alana Institute. Litigation as a strategic tool The case of the Climate Fund in Brazil demonstrates that strategic climate litigation is an effective and necessary way to help the continent's governments and companies meet their climate commitments. In its most recent report, the Intergovernmental Panel on Climate Change (IPCC) highlighted that climate-related litigation is on the rise and, in some cases, has influenced the results and ambition of climate governance, understood as the way in which different actors—state, civil society, academia and the private sector—define, implement and monitor actions aimed at addressing the causes and consequences of climate change. "In the global south, Brazil is one of the countries where climate litigation is developing most strongly," highlights Javier Dávalos, AIDA senior attorney. "The country is characterized by a growing ecosystem of litigants and organizations that are taking the climate fight to court." Brazil's push for climate litigation in the region is critical because the country is home to 65 percent of the Amazon, a key ecosystem for global climate regulation and one that is at serious risk. Brazil emits the most carbon dioxide of any Latin American nation, with deforestation representing the largest source of these emissions. In this sense, it is fundamental that one of the judges who heard the Climate Fund case explicitly pointed out the large increase in deforestation in the Amazon in 2021— the highest in 15 years: more than 22 percent, and a total area of 13,235km². It is therefore essential to demand in court that the Brazilian state fulfill its obligations to protect the Amazon and the global climate. The importance of financing solutions Transitioning to a zero carbon economy and avoiding the worst physical impacts of climate change requires investing nearly $125 billion USD by 2050, according to the Net Zero Financing Roadmaps study commissioned by the United Nations High Level Champions. These resources must come from two complementary sources, private and public financing. Government financing of climate action represents a relevant public policy and thus must conform to a country's laws. In its ruling, the Brazilian Supreme Federal Court recognized the Climate Fund as the main federal instrument for financing climate action and meeting national greenhouse gas emission reduction targets. It also noted that the government kept the fund paralyzed for two years. Considering that the resources intended to fight the climate crisis seek to materialize fundamental human rights, the court concluded that the government couldn’t restrict them. "Guaranteeing the allocation of resources for climate action means setting a clear limit from which we cannot retreat," Ribeiro said. "Despite the clear violation of the Brazilian state's duties regarding the right to a healthy environment, reflected in the dismantling of environmental norms and institutions, the Brazilian Supreme Court's ruling put a brake on the erosion of the legal protection of the environment and climate in the country." Learn about this and other cases on AIDA’s Plataforma de Litigio Climático para América Latina y el Caribe.

August 03 2022 Climate Change, Human Rights

Session 3 of the 2022 GCF Watch International Webinar Series (part one)

Important topics around the GCF (part one) This session focused on key issues identified by CSOs during the series initial webinar. It addressed important aspects of the GCF and CSOs' engagement, including the outcomes of the latest Board meeting, the replenishment process and access to GCF finance, as well as engagement with National Designated Authorities (NDA). panelistsErika Lennon, Center for International Environmental Law (CIEL): Key findings from B33 and what lies ahead.Mirja Stoldt, Namibia Nature Foundation (NNF): Interacting with the NDA.Andrea Rodríguez, Fundación Avina: Access to GCF finance through the accreditation processModerator: Liane Schalatek, Heinrich Böll Stiftung (HBS). Recording Presentations1. Mirja Stoldt, Namibia Nature Foundation (NNF): 2. Andrea Rodríguez, Fundación Avina:

July 08 2022 Fracking, Freshwater Sources, Toxic Pollution

In regressive decision, high court endorses fracking in Colombia

Bogotá, Colombia. Colombia’s highest administrative court, the Council of State, on Thursday ruled against a lawsuit that sought to nullify the government’s regulation of fracking, effectively endorsing the controversial technique’s implementation in the Andean nation. The nullity lawsuit was filed by the Public Interest Law Clinic of the Universidad del Norte—which was jointly advised by AIDA, Corporación Podion, and the legal clinics of Universidad Javeriana and Universidad de los Andes—in an attempt to challenge the legality of the rules that would allow for fracking operations in the country, found in 2013’s Decree 3004 and 2014’s Resolution 90341. This decision means the suspension of Colombia’s judicial moratorium on fracking, which has been in place since 2018, when the when the Council preventively suspended the rules based on the precautionary principle and due to the lack of certainty about the risks of irreversible damage that the technique implies for the environment, climate and public health. Fracking has been assessed by national and international academics and scientists as an experimental technique that threatens air, water, human health, democratic participation, social fabric and culture, traditional knowledge systems, biodiversity and, in the long term, economic, seismic and climatic stability. In addition, it creates atmospheric pollution due to the emission of methane—a potent gas whose warming potential is 84 to 87 times greater than carbon dioxide on a 20-year scale. While the Council of State's ruling ratifies the government's regulations and lifts the moratorium, it does not exonerate national and local authorities from protecting the environment and respecting the fundamental rights of the population as they consolidate the mining and energy policy. Legal experts who brought the case before the Court respond to the ruling: "In Latin America and around the world, many countries have banned fracking because of its impacts on the environment and on the protection of human rights. The ruling of Colombia’s Council of State is regressive and goes against international advances on environmental, climate and human rights issues.” - Yeny Rodríguez, attorney with the Interamerican Association for Environmental Defense (AIDA) "The Council of State has issued a decision contrary to the facts proven in the litigation. They have ignored the survey conducted by the National University of Colombia, the report of the expert commission, the concept of the Attorney General's Office, and the rest of the documentary evidence and scientific texts that clearly demonstrated the need to prohibit this technique under the precautionary principle. In addition, the ruling ignores Colombia's international climate commitments and the principle of intergenerational solidarity, as it ignores the fundamental rights of future generations." - Juan Pablo Sarmiento, plaintiff’s attorney in the case. “The Council of State lost a great opportunity to strengthen, through the courts, a regulation that many experts considered too weak to protect the environment and public health. Its now is in the hands of the national government and the legislature to guarantee society the protection of the precautionary principle and democratic participation in environmental matters" - Juan Felipe García, attorney with the Law and Territory Clinic of the Universidad Javeriana “The decision of the highest administrative court in the country is not an open invitation to carry out fracking in Colombia. The government must fully guarantee the right to participation and the voice of communities in decision-making about projects that may generate environmental impacts in their territories, as well as guarantee the safety and protection of environmental leaders who defend their territories". - Silvia Quintero, legal advisor to the Environmental and Public Health Legal Clinic of the Universidad de Los Andes “The lifting of the judicial moratorium on fracking leaves open the possibility of moving forward with such projects whose contracts were previously suspended. It’s necessary that fracking have a social license because several regions of the country have been considered as potential areas for its implementation." - Lizeth Gómez, attorney with Corporación Podion Contactos de prensa: Juan Pablo Sarmiento, [email protected], +573005514583 Yeny Rodríguez, AIDA, [email protected], +573107787601 Juan Felipe García, Clínica en Derecho y Territorio de la Universidad Javeriana, [email protected], +573125588889 Lizeth Gómez, PODION, [email protected], +573176430036

July 07 2022 Climate Change, Human Rights, Capacity Building

Session 2 of the 2022 GCF Watch International Webinar Series

CSO-led monitoring and evaluation of GCF-approved projects 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. PanelistsBertha 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 Presentations1. 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 GCF Watch and our work in 2022 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. PanelistsFlorencia 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.