Fracking

October 23 2018 Fracking, Climate Change

UN Committee recommends Argentina “reconsider” the use of fracking

The Committee on Economic, Social and Cultural Rights of the United Nations expressed its concern about Argentina’s intention to exploit unconventional oil and gas reserves in Vaca Muerta, one of the world’s largest shale deposits. It recommended the goverment reconsider those plans to ensure compliance with the nation’s international commitments on climate change. Geneva, Switzerland. The Committee of Economic, Social and Cultural Rights of the United Nations recommended that Argentina reconsider its plans for the large-scale exploitation of shale gas and oil in Vaca Muerta, one of the world’s largest deposits of unconventional hydrocarbons. The Committee expressed its concern after reviewing the nation’s fourth report to the Universal Periodic Review on human rights, encouraging the government to reconsider the use of fracking in order to ensure compliance with its international obligations on climate change. "The Committee is concerned that this hydraulic fracturing project contradicts the State’s commitments to the Paris Agreement, and would have a negative impact on global warming and the enjoyment of economic and social rights by the global population and future generations," read the concluding observations on Argentina's report, approved by the Committee at its 64th session, which took place from September 24 to October 12, 2018. The Committee urged the State "to promote alternative and renewable energies, reduce greenhouse gas emissions and establish national targets with benchmarks defined over time." The Committee also expressed concern about the lack of adequate evaluation of fracking’s negative impacts on the environment and human health, and about the absence of prior consultation with affected local populations. In that sense, the Committee entrusted the Argentine State to: "... adopt a regulatory framework for fracking that includes assessments of its impact in all provinces, preceded by consultations with affected communities, and with appropriate documentation of its effects on air and water pollution, radioactive emissions, risks to health and safety at work, its effects on public health, noise pollution, light and stress, potential seismic activity, threats to agriculture, soil quality, and the climate system." The UN Universal Periodic Review is a process that offers each State the opportunity to declare what measures it has adopted to improve the human rights situation in the country and to comply with its obligations in this area. Its objective is to improve that situation and address human rights violations wherever they occur. PRESS CONTACTS: Víctor Quintanilla (Mexico), AIDA, [email protected], +5215570522107 Fernando Cabrera, Opsur, [email protected], +5492995864313

October 03 2018 Fracking, Human Rights

Civil society warns Inter-American Commission of human rights violations caused by fracking in Latin America

Boulder, Colorado. Representatives of communities and organizations from across Latin America testified before the Inter-American Commission on Human Rights this week on the impacts that hydraulic fracturing (fracking) has on human rights and the environment. The hearing—responding to a petition signed by more than 126 organizations from 11 countries of the Americas—was held in Boulder, Colorado this week as part of the Commission’s 169th period of sessions. The principal requests to the Commission, and the Rapporteurs from various countries, were to urge the States to adopt efficient and opportune measures to prevent human rights violations resulting from the exploration and exploitation of hydrocarbons, and to apply the precautionary principal in the face of fracking’s environmental damages. “In Latin America, fracking been carried out without informing or adequately consulting the affected populations, thereby violating their right to information, participation, prior consultation and consent,” explained Liliana Ávila, Senior Attorney with the Interamerican Association for Environmental Defense (AIDA). “Fracking’s demand for water competes with the use of water for human consumption, and the contamination it causes in the water, soil and air seriously impacts the right to a healthy environment and compromises the effective enjoyment of other rights—including a dignified life, personal integrity, health, food, water and adequate housing.” At the hearing, it was emphasized that women disproportionately suffer the impacts of fracking due to potential harm to their reproductive health, and since women are traditionally responsible for collecting water for use in their homes. Referring to the experience of the Mapuche communities of Argentina, Santiago Cané of the Environment and Natural Resources Foundation (FARN) stressed, “Fracking produces acts of violence against those who defend the environment and their rights.” “Institutionally, we can talk about the criminalization of social protest as one form of intimidation to eliminate the resistance to fracking projects,” he explained. “The prosecution of criminal cases against communities leaders that oppose the development of fracking has become an institutional media campaign that seeks to promote the idea that Mapuche communities are part of a terrorist group.” In Mexico, “specifically in the municipality of Papantla, Veracruz—which according to freedom of information requests is the city with the greatest number of fracking pools in the country—where the population is primarily the Totonac people, this exploitation technique has led to the diversion of springs and the drying up of artisanal wells. Many communities have lost their natural sources of water and have seen their health compromised and their living conditions deteriorate,” explained Alejandra Jiménez of the Mexican Alliance Against Fracking. Dorys Gutiérrez, of the Colombian organization Corporation for the Defense of Water, Territory and Ecosystems, noted that: “In Europe, 18 nations have applied the precautionary principle to prohibit or restrict this practice and in Australia, four of the eight territories have bans or moratoria in place. If fracking is so beneficial, why has it been so widely rejected in so many places?” According to data compiled by the Latin American Alliance on Fracking, roughly 5,000 fracking wells exist across the region. About 2,000 of those wells are found in Argentina; more than 3,350 are found in Mexico; and in Chile, according to official data, 182 wells have been approved, primarily for the island of Tierra del Fuego. Despite the technique’s expansion across the region, there has also been progress in banning or imposing restrictions on fracking in three states of the United States, in Uruguay, in the Argentine province of Entre Ríos, and in more than 300 municipalities in Brazil. Fracking’s advance is harmful to human rights, and represents a threat to the consolidation of the legal framework promoted by the Inter-American Human Rights System, which includes the obligations of States and the international protection of human rights and the environment. PRESS CONTACTS: Victor Quintanilla (MExico), AIDA, [email protected], +521 5570522107 Arturo Contreras (in Boulder, Colorado), +521 5533320505

September 24 2018 Fracking, Human Rights

Inter-American Commission to analyze fracking’s impacts on human rights

The Inter-American Commission on Human Rights will hold an informative hearing on October 3, 2018 to better understand the situation of fracking in the Americas and the human rights violations it’s causing. The hearing is being held in response to a request brought forth by 126 Latin American organizations, united in the Latin American Alliance on Fracking. The hearing will take place in Boulder, Colorado during the Commission’s 169th period of sessions. In it, human rights defenders and representatives of affected communities will present detailed information on the documented human rights impacts, as well as the potential risks, of fracking in Latin America. The Alliance seeks to propose a series of recommendations to the Commission and governments of the region in order to guarantee human rights when faced with the exploitation of unconventional hydrocarbon reserves. According to the hearing request, there are approximately 5,000 fracking wells throughout Latin America. In Argentina, there are roughly 2,000 wells. In Chile, according to official data, 182 wells have been approved, the large majority in Tierra del Fuego. In Mexico, there are more than 3,350 fracking wells, although the signatory organizations indicated there are challenges in terms of access to this information. In Brazil and Colombia, contracts have been signed that allow for exploration and exploitation. In Bolivia, prospecting and sample studies of unconventional deposits have begun. Organizations from Argentina, Bolivia, Brazil, Colombia, Costa Rica, Chile, Ecuador, Mexico, Paraguay, Peru and Uruguay signed the request for a hearing before the Commission in July. “Fracking’s advance in Latin America is being carried out blindly because neither the chemicals used, nor their synergistic effects, nor the actual and potential risks, nor the effectiveness of mitigation measures are known with any certainty,” explained Claudia Velarde, attorney with the Interamerican Association for Environmental Defense (AIDA). “What is known is the damage fracking causes to the environment, the quantity and quality of water, and the impacts it has on health and human rights.” While fracking is promoted across Latin America, various nations, states and provinces of Europe, the Americas and Oceania have banned the technique due to the negative impacts it has had on the environment and public health. The request to the Commission emphasizes, “none of the nations where fracking has been implemented have a comprehensive knowledge of the irreversible damage it causes to the environment and the lives of individuals and communities. However, abundant scientific evidence exists on fracking’s negative impacts due to the extensive use of the technique in the United States.” Follow news from the hearing with the hashtag #AméricaSinFracking PRESS CONTACT Victor Quintanilla, AIDA (Mexico), [email protected], +521 5570522107

September 12 2018 Fracking, Indigenous Rights, Freshwater Sources

Argentina’s approval of fracking wells violates international obligations

The authorization of four fracking wells within the Vaca Muerta shale deposit poses a risk to vital water sources and violates the rights of Mapuche communities. In support of an amparo filed to invalidate the project’s approval, AIDA presented evidence detailing Argentina’s failure to comply with international environmental and human rights obligations. Mendoza, Argentina. Argentina violated international environmental and human rights obligations when it authorized the development of four fracking wells in indigenous territory. The wells would damage vital water sources and violate the rights of Mapuche communities, AIDA explained in an amicus brief presented before the Supreme Court of Mendoza Province. The brief supports an amparo seeking to invalidate the project’s approval, filed by the Environment and Natural Resources Foundation (FARN, for its initials in Spanish). “Fracking was authorized in Mendoza without any environmental impact assessment,” explained AIDA Attorney Claudia Velarde. “In fact, the project was presented for authorization as ‘infrastructure adaptation’ and the environmental authority granted the permits in a record time of just six days.” The wells are located within Vaca Muerta, the largest non-conventional deposit of shale gas in Latin America. Mapuche indigenous communities—recognized by the National Institute of Indigenous Affairs—live in the project area and, as such, have the right to prior consultation; operators must receive their free, prior and informed consent for any activity affecting their territory. The energy company El Trebol S.A. failed to recognize that right when assessing the project. As a result, the project’s authorization violates Convention 169 of the International Labor Organization, the United Nations Declaration on the Rights of Indigenous Peoples, and the American Declaration on the Rights of Indigenous People—all international standards recognized by Argentina. “The chemicals used in fracking can contaminate both surface and groundwater, including, in this case, those of the Llancanelo lagoon, a wetland of international importance under the Ramsar Convention, a treaty ratified by the government of Argentina,” said Velarde. “The site is a zone of passage and rest for more than 130 species of resident and migratory birds.” In addition, fracking activities require large amounts of water, while Mendoza has for years suffered from drought, a problem only aggravated by climate change. Finally, the brief emphasizes that there is neither detailed geological data of the zone nor quality information on the dynamics of the groundwater. “Faced with this scientific uncertainty, authorities have an obligation to apply the precautionary principle,” Velarde explained. “An activity as potentially harmful as fracking must be rejected unless those seeking to implement it can prove that it will not cause serious and irreversible damage to the environment.” Press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107

April 27 2018 Fracking, Human Rights

Defending communities from fracking’s advance in Argentina

In a country highly dependent on hydrocarbons, human rights and those of nature are often overlooked. That's why in Argentina, AIDA and our allies are supporting the efforts of communities and organizations to avoid the damages caused by fracking. In Neuquén province in Argentine Patagonia, a large metal structure rises high above the apple trees. It’s one of many fracking wells that have been installed in this rich natural area. A single well like this one requires roughly 11 million liters of water for operation, the equivalent to 18 years of water consumption for an average family. Despite being internationally recognized as an experimental, risky and contaminating process, fracking is spreading rapidly through Argentina, affecting the land and water of the Mapuche people and other local communities. Much of the nation’s exploration is taking place at Vaca Muerta, the largest unconventional gas reserve in Latin America. Roughly 30 thousand square kilometers, the site covers four Argentine provinces: Neuquén, Rio Negro, La Pampa and Mendoza. The expansion of fracking has brought with it problems like pollution and great harm to the livelihoods of local communities, including the Mapuche, who are forced to find new ways of living on their land in order to avoid migration to urban centers. Oil companies generate unstable and short-term employment. And, due to the increase in the price of land, the residents of the area must earn more money to maintain their standard of living. In a country that gets 90 percent of its energy from hydrocarbons, the government has failed to prioritize the rights of indigenous peoples, of children and of nature. Instead, it has favored the economic income of a highly unsustainable activity. That’s why the efforts of communities and civil society organizations to resist the blind advance of fracking are fundamental. “What motivates me is caring for our land and water; nature is not ours, we belong to it,” stated Santiago Cane, member of the Environment and Natural Resources Foundation (FARN), an organization that is using the courts to stop fracking. FARN filed a writ of amparo to invalidate the authorizations granted for the exploitation of four fracking wells in Mendoza. The environmental authority granted the permits in July 2017, in a record time of six days, without requiring an Environmental Impact Assessment. The lawsuit, which AIDA is supporting from our experience in international environmental law, remains in process. “In Mendoza, fracking is advancing at a rapid pace,” Santiago explained. “The national and provincial governments are not taking into account the potentially irreversible pollution of water sources that serve several cities.” In fact, Mendoza is a province that has suffered from water scarcity for years, a problem aggravated by climate change. Those who promote fracking in Mendoza also overlook the fact that, by contaminating both surface and ground water supplies, the toxic chemicals used in fracking will likely reach the Llancanelo lagoon, a wetland of international importance located in the foothills of the Andes Mountains. The lagoon is a mandatory passage and rest area for more than 130 species of resident and migratory birds. Additionally, the region is home to the Mapuche people. According to international law, indigenous peoples like the Mapuche must give their free, prior and informed consent to any activity that affects their territory. That right is not being respected in this case. “I am motivated by the idea of a different economy that does not deprecate nature and that does not generate the accumulation of wealth within small groups of society,” Santiago adds. FARN, together with AIDA, is part of the Latin American Alliance on Fracking, a coalition of organizations that work to slow fracking’s advance in the region. Together we will continue our work to avoid fracking’s damages to our land and water. We are convinced that the power to stop fracking lies with the people.

January 22 2018 Fracking, Freshwater Sources, Human Rights

Eight key themes for Colombia’s environmental agenda in 2018

For Colombia, 2017 was a year marked by debate on the right of communities to be consulted about decisions that affect their territories and ecosystems. We saw it through the organization of popular consultations and mobilizations that questioned mining and fracking projects and, in short, the continuity of extractivism. It was also evident in the decision of the Constitutional Court, the highest court in the country, to invalidate the delimitation of the Santurbán páramo, a water source for millions, because the government’s decision did not take into account the population. On the other hand, Colombia joined the global debate on climate change and the need to promote a model of economic development free of fossil fuels. Now, in the face of the presidential elections and the implementation of the peace accord, environmental participation, territorial autonomy and fracking remain particularly important issues. What follows are eight topics key to Colombia’s environmental agenda in 2018: Environmental participation: Popular consultations, as an expression of empowered communities seeking to have a say on projects that will affect them, will continue holding a privileged place in public debate. Territorial autonomy: Although constitutionally recognized, the ability of departments and municipalities to govern themselves autonomously in various areas, including the environment, is not entirely defined. It remains to be answered: Who should decide? And about what can they decide? Indigenous authorities: Following on the heels of the above, the autonomy and decision-making ability of indigenous authorities in relation to environmental issues will give us much to discuss this year. Fracking: The key question is, faced with fracking’s expansion throughout the region, will Colombia adopt the position of social organizations on the application of the precautionary principle to avoid the health and environmental damages associated with fracking? Decarbonization: As an energy producer, will Colombia join France, the United Kingdom and Italy, nations that recently signed an alliance to close coal plants before 2030 and comply with the Paris climate agreement? La Niña: The strong winds and rains of the La Niña climate phenomenon will return to the country this year. Adequate measures to mitigate the risk will be fundamental, as will the application of lessons learned in 2010, when the phenomenon left hundreds dead and the loss of millions of pesos. Páramos: Following the decision of the Constitutional Court to invalidate the delimitation of the Santurbán páramo, this year promises to be full of controversies about the new delimitation of this important ecosystem. Also key will be the issue of community participation in the demarcation of the rest of Colombia’s páramos, a measure oriented to protect them against harmful projects like mining. Principle 10: The negotiation of a regional agreement on the access to information, to justice and to public participation on environmental issues, remains underway. The agreement seeks the application of Principle 10 of the Rio Declaration on Environment and Development, key to guaranteeing the right to a healthy and sustainable environment for present and future generations. At AIDA, and through the Network for Environmental Justice in Colombia, we will continue to promote solutions to the country’s environmental conflicts based on the effective application of national and international standards.

$Pozo de fracking en Pensilvania$

October 13 2017 Fracking, Human Rights

How to fight fracking with the law

Fracking is spreading rapidly through Latin America. If left to develop blindly, it could cause irreparable harm not just to the environment but also to public health. Claudia Velarde, a Bolivian environmental attorney, believes humanity and Mother Earth should not be seen as different or isolated beings. “The activities that affect the conservation of nature will have repercussions in our lives as well,” she said. This conviction led her to join AIDA’s team of attorneys earlier in 2017, to be part of our efforts to protect the environment from extractive activities like fracking and large-scale mining. For our Freshwater Protection Program, Claudia helps coordinate the work of the Latin American Alliance on Fracking, a coalition that promotes public debate, awareness, and education among civil society groups. The Alliance also supports resistance efforts by communities throughout the region. Confirmed risks The extraction of gas and oil through fracking, or hydraulic fracturing, could have a “nefarious effect” on the quality and availability of potable water. This was the conclusion of the most exhaustive study yet completed by the Environmental Protection Agency of the United States, the nation that pioneered this controversial technique. Oil and gas companies inject fracking wells with large amounts of water mixed with highly concentrated chemicals. The toxic solution fractures rocks to release trapped oil and/or gas. According to the study, the poisonous fluids leach through soil and contaminate groundwater. By contaminating water sources, fracking also affects the lives of the people, animals, plants, and entire ecosystems that depend on them. Ignoring the danger “Dependence on fossil fuels is leading us to an unprecedented environmental and climate crisis,” Claudia explained. “Fracking has serious impacts, so it’s important that people have real and complete information on the policies and procedures related to it.” One procedure that should be followed before any fracking operation is authorized is the preparation of an Environmental Impact Assessment. A proper assessment includes evaluation of possible environmental damages and identification of measures to mitigate the harms. In Latin America, corporations—rather than the governments that regulate them—prepare Environmental Impact Assessments. But often, governments of the region allow companies to skirt this procedure. In Argentina, the environmental authority granted a permit for Petrolera El Trebol to explore and exploit four oil wells conventionally (without using fracking) near Llancanelo Lagoon, a wetland of international importance. Months later, the company decided to frack the wells. Through an abbreviated process, the government authorized the change without requiring a new Environmental Impact Assessment. Faced with this dangerous reality, Argentina’s Foundation for the Environment and Natural Resources (FARN) filed a civil suit, requesting an injunction until the government’s prior authorization is invalidated. The suit argues that, in addition to violating the obligation to require a new Environmental Impact Assessment, the government also failed to respect the affected communities’ right to give their free, prior and informed consent to the project. “We’re appealing to justice to put a stop to this outrage, so the people have an opportunity to discuss, with adequate information, whether or not they approve of these types of activities that cause irremediable environmental damage,” explained Santiago Cané of FARN. “If they do accept fracking, it must be done with the utmost care, using the measures and regulations designed to avoid or mitigate damages.” AIDA is supporting FARN’s legal work with arguments based on international law. The most important is the precautionary principle, which holds that where any uncertainty exists about the risk of serious harm to the environment and human health, the most stringent precautions should be applied. “Given that there is no study with enough technical information on the possible damages of fracking, this principle should be applied to avoid the consolidation of impacts in these and other cases,” Claudia explained. Despite scientific evidence demonstrating many harmful consequences of fracking, the use of the technique is expanding throughout Latin America. Faced with this worrying trend, AIDA will continue working with our partners to find legal solutions with widespread impacts throughout the region.

$Marcha contra el fracking en Colombia.$

August 28 2017 Fracking, Public Participation

In Colombia, the power to stop fracking lies with the people

In Colombia’s fight against fracking, one tiny town is putting up a big fight. Since early 2016, the residents of San Martín, 300 miles north of Bogotá in the department of Cesar, have mobilized, protested, and peacefully resisted the government’s plans to begin fracking in their municipality. By staging marches and protests, and forcibly blocking oil company employees from accessing fracking exploration sites, concerned citizens are raising their voices against an environmentally destructive industry. But San Martín is just one municipality of many affected by the fracking fever now sweeping Colombia’s oil and gas industry. Colombia has vast reserves of unconventional fossil fuel deposits trapped in tight deposits of shale rock. Fracking breaks up that rock—using a mixture of water, sand and chemicals—and releases those deposits, which analysts say could produce 6.8 billion barrels of oil and 55 trillion cubic feet of natural gas, according to the US. Energy Information Administration. That’s enough to satisfy the country’s energy demand for decades. While operations have not yet begun in Colombia, to date 12 blocks have been reserved for fracking exploration, according to the National Hydrocarbon Agency, and one concession has been granted to a multinational corporation. These fracking sites are expected to affect municipalities all across the country. Colombia has followed the lead of other Latin American countries that have embraced fracking as a quick and dirty fix to their fossil fuel addiction, which feeds energy-hungry populations. Currently, Mexico, Argentina, and Chile are the region’s fracking powerhouses. Colombia “can’t afford not to frack,” said Juan Carlos Echeverry, the then President of Ecopetrol, Colombia’s state oil company. But San Martín’s residents—along with many other Colombians concerned about the future of their communities, their country, and the planet—have a different opinion. In support of the citizens of San Martin, CORDATEC has been organizing an on-the-ground resistance to limit fracking exploration in Cesar. Another organization, the Alianza Colombia Libre de Fracking is also fighting back: it recently signed an open letter asking President Juan Manuel Santos to pass a moratorium on fracking. While these efforts are integral to the fight against fracking, it’s also necessary to fight the battle on the local level. Wherever possible, cities and municipalities can use creative solutions like strict zoning laws or referendums to achieve fracking bans locally. This technique has seen significant success in Brazil, where more than 70 municipalities have passed fracking bans, simultaneously stalling the spread of the fossil fuel industry and protecting their environment. In the United States, states like New York, Maryland, and parts of California have also banned fracking. In partnership with organizations throughout the region, AIDA is working diligently to stop the spread of fracking in Latin America. Through the Alianza Latinoamericana Frente al Fracking and the Red por la Justicia Ambiental en Colombia, we’re focusing on local solutions with potentially regional implications. “The Alianza works to promote public debate, awareness, and education among civil society organizations in Latin America,” said Claudia Velarde, AIDA attorney. “We also support local resistance efforts against the spread of fracking in the region.” The Alianza is petitioning for a hearing before the Inter-American Commission on Human Rights, in which they’ll demonstrate the impacts fracking has on the human rights of affected communities. If our governments are committed to continuing to drill for fossil fuels, it’s time for local communities to stand up and demand a future of clean, renewable energy. By focusing our power at the grassroots level, like the people of San Martín, we too can demand a better future and push back against the fossil fuel industry.

November 03 2016 Fracking

The Final Frontier: Public policies, impacts and resistance to fracking in Latin America

Heavily promoted by the United States, the exploitation of unconventional hydrocarbons through fracking has sought to expand into nations throughout the Americas. It has done so despite the fact that none of those governments have comprehensive knowledge of its risks, the serious and irreversible damage it does to human and environmental health, or how to prevent and mitigate those risks. That’s why the Latin American Alliance On Fracking (ALFF) published this report—to contribute to the debate, and spread awareness of the impacts of this controversial technique. Throughout these pages we address the situation of fracking in six countries: Argentina, Bolivia, Brazil, Chile, Colombia and Mexico. Each case analyzes: the context of energy development in the country; public policies to promote and regulate fracking; the social, environmental and economic impacts of fracking on people, their human rights, and their land; and the advocacy, mobilization and resistance strategies deployed in each country. The report concludes with a summary of conclusions and recommendations in light of the analysis of and reflection on the different cases studied. As part of ALFF, it is our goal to feed the discussion of an urgent change to the energy model of our region, to arrive at one that is sustainable and socially just. We believe that the forms of production, distribution and consumption of energy promote in our region reflect the unjust and deeply unequal system of social relations in the region. This is the social, political and economic reality that the promotion of fracking reinforces. This is what we want to change. Download the report (in Spanish)

March 14 2016 Fracking

The Precautionary Principle: A legal tool against the impacts of fracking

This report analyzes the viability of using the precautionary principle to prevent, avoid or stop fracking operations in Latin America. These measures can result in prohibitions or moratoriums, as has occurred in various states, provinces and cities across America and Europe. Fracking is a technique that enables the exploration of historically inaccessible reservoirs of natural gas or petroleum. Governments and businesses across the world have pushed for the exploration of these reservoirs due to declining global reserves of conventional hydrocarbons, thanks to 150 years of overexploitation. The exploitation of unconventional hydrocarbons is technically more difficult, has a higher economic cost, and implies greater risks to the environment and public health. Promoting fracking to extract unconventional hydrocarbons is a bad decision on climatic, political, social and environmental levels. It deepens our dependence on fossil fuels and wastes energy and resources that should be directed at developing renewable energies. That's why we felt it important to examine the viability of applying the precautionary principle as a legal tool to avoid or slow down the risks and damages caused by fracking, particularly in countries that have begun or are planning to begin fracking in coming years. Read and download the report (in Spanish)