Climate Change

Climate Change

Presentes: Here and now for climate justice

Hope, too, needs a space when we talk about the climate crisis.  While it’s true that humanity is facing our greatest collective challenge, it’s also true that there are people, communities, and organizations taking action, right now, to cocreate a better future. We cannot deny that we are already living with the impacts of the climate crisis. Yet we must speak honestly and urgently about them, without paralyzing ourselves in the process. Sharing information is a means to understanding our planet and creating meaningful conversations so that today, in the present moment, our societies can begin to build a more just tomorrow.   Presentes was born as a collective and collaborative effort to change the narratives around climate justice. It’s a Latin American alliance that seeks to bring the climate conversation to a wider audience while simultaneously strengthening alliances among those already working for the cause. The challenge lies in demonstrating that when we talk about the energy transition –a fundamental step towards a better future– we must also talk about respecting human rights and the rights of nature, and caring for all forms of life on this planet.  What better way to show this than by telling the stories of those working for it every day? Presentes is coordinated by AIDA, with the goal of bringing together civil society organizations, local communities, environmental defenders and citizens from across Latin America. Toward a better tomorrow What can we do to address the climate crisis? What is clean energy? How can we build a more just world for all beings, and what does that look like? There are some of the questions we’ll be exploring, together, through the Presentes platforms. Our goal is to extend this conversation to people from across Latin American, in all phases of their own climate journey. As a starting point, the founding organizations signed a manifesto recognizing that, to achieve a society with climate justice, it is essential to recognize our role in this new environmental reality, and make way for a just change that leaves no one behind, that is fueled by new forms of energy, and that responds to the call of those people who, with dignity and determination, continue to fight for the defense of life on Earth.         View this post on Instagram                       A post shared by Presentes (@presentesorg)   These are the pillars of Presentes and the point from which we can, from our own focuses and starting points, begin to visualize a better future for all the beings who live on this Earth. Join your voice to Presentes! Each participant, whether an organization or an individual, helps to enrich the ecosystem of sharing and solidarity that is forming around Presentes. Beginning from where you are now, you can: Add your organization to the alliance. By doing so, you’ll work with the diverse groups that form the Presentes, amplify your own organization's work, and receive a biweekly digital newsletter with valuable information to strengthen your communication efforts. Join the conversation in our WhatsApp group to receive free content to learn more about the climate crisis and how we confront it, together. Follow Presentes on Instagram and Facebook and help the content reach beyond our network, into yours. Because now is the only time there is, it’s the time to be present. 

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Climate Change

Governments of the world: Climate action is a legal duty

Climate action is a legal duty. After decades of empty promises, it is time for real action and accountability.Climate change is here now. Ecosystems are collapsing at an unprecedented rate. Vast regions of the world are becoming uninhabitable. Billions of people are facing the prospect of a dangerous and uncertain future. Extreme weather events have wreaked havoc across every continent this year alone. The “window of opportunity to secure a liveable and sustainable future for all” is closing fast.For decades, you have pledged to address the climate crisis. In successive treaties and decisions, you promised to slash greenhouse gas emissions. Just last year in Glasgow, you reaffirmed your commitment to limit global average temperature increase to 1.5°C and to ramp up mitigation ambition within the year. Yet countries’ latest global mitigation commitments show that we are completely off track. So far the vast majority of countries have not delivered on their commitment to strengthen their targets this year.We are on the precipice of the most serious intergenerational violation of human rights in history. But affected communities and those who stand with them are not giving up.We – lawyers and activists from across the globe – are standing with frontline communities to challenge your inadequate climate action. We have filed over 80 cases around the world to compel you to ramp-up your climate ambition: from the Netherlands to Nepal; from Canada to Colombia, from Belgium to Brazil, from Norway to New Zealand, from South Africa to South Korea.The law is on our side. Courts in dozens of countries have already recognized that you have a legal duty to address the climate crisis, and that this requires you to take more ambitious climate action. Cases have led to the adoption of new climate laws, stronger mitigation targets, and the closure of coal-fired power plants. The Intergovernmental Panel on Climate Change (IPCC) itself has recognised that climate litigation has the power to shape “the outcome and ambition of climate governance” towards aligning government action to best available science.COP27 is an opportunity for you to change course: to minimize the extent of suffering and human rights violations caused by your failure to address the crisis, and to live up to your legal obligations under domestic and international law.Governments of the world: your delay is costing lives. Strong action is needed now to protect people and the planet.If you continue to fail us, we will continue to turn to the courts to demand accountability.Signatories:Alana (Brazil), AIDA (Latin America and the Caribbean), Aurora (Sweden), The Australian Climate Case (Australia), Grata Fund (Australia), Phi Finney McDonald (Australia), Center for Environmental Rights (South Africa), Natural Justice (South Africa), Client Earth (Global), Climate Action Network Europe (Europe), Climate Case Ireland (Ireland), Ecojustice (Canada), Europäische Klimaklage (Austria), Germanwatch (Germany), Giudizio Universale (Italy), Rete Legalità per il Clima (Italy), A Sud (Italy), Global Legal Action Network (Global), Klimaatzak (Belgium), Klimatická (Czech Republic), Lawyers for Climate Action NZ (New Zealand), Lee Salmon Long (New Zealand), Notre Affaire à Tous (France), Adv. Padam Shrestha (Nepal), Plan B (UK), Protect the Planet (Germany), Russian Climate Case (Russia), Urgenda (Netherlands), Youth4ClimateAction (South Korea). Read and download the letter 

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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.  

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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: 

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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.  

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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: 

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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  

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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): 

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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.    

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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 

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