Freshwater Sources

Victory: Biosphere Reserve in Baja California Saved from Toxic Mine

National and International Organizations File Suit Against Colombian Mining Law to Protect Fragile Ecosystems Like the Páramos

 FOR IMMEDIATE RELEASE: September 11, 2008 CONTACTS: Jerónimo Rodríguez, AIDA, (571) 3683889, Daniel Manrique, GESAP, (571) 5702393, [email protected] [email protected]   National and International Organizations File Suit against Colombian Mining Law to Protect Fragile Ecosystems Like the Páramos   Bogota, Colombia – On September 8th, the Colombian Constitutional Court admitted a lawsuit filed against the Colombian Mining Law by the Interamerican Association for Environmental Defense (AIDA) and the Corporación Gestión por los Intereses Ambientales y Públicos (GESAP Initiative). The law permits mining exploration and exploitation in ecosystems of special ecological interest, such as the Andean páramo, which infringes upon national and international legislation, in particular the Colombian Constitution.   The Andean páramos are unique, high-mountain ecosystems that serve as indispensable water reservoirs and regulators. Numerous rivers and lakes in Colombia originate in the páramos, the majority of which are used for drinking water. Páramo soils also capture and store atmospheric carbon. The law at issue in this suit (Article 34 of the Mining Law) opens these and other critical natural areas to mining unless they have been previously defined and declared protected by environmental authorities.   “Mining in fragile ecosystems destroys them and violates our Constitutional right to a healthy environment. For this reason, we are asking the Court to apply our Constitution and international principles on sustainable development to effectively limit mining activities and protect these valuable and sensitive ecosystems,” noted Jerónimo Rodríguez, AIDA’s legal advisor in Colombia.   Mining impacts on the páramo have already caused concern among Colombian authorities such as the Colombian Attorney General, which noted in its cautionary report, The Situation of the Colombian Páramos in the Face of Human Activity and Climate Change (2008), that “threats from activities with highly negative impacts on the páramos, such as mining, imply not only a loss of biodiversity, but also a national security problem related to the loss of a large number of environmental goods and services, among which is principally, our water supply.”   “If this provision of law is determined unconstitutional, in the future when mining exploration and exploitation projects are proposed within these ecosystems, even if they have not been defined or declared protected, there will be sufficient reason for environmental authorities to deny licenses for these activities,” concluded Rodríguez.   AIDA is a non-profit environmental law organization that works in the Americas to strengthen people’s capacity to guarantee their individual and collective right to a healthy environment through the development, implementation, and effective enforcement of national and international laws. Among other issues, AIDA focuses on protecting the right to water and ensuring adequate fresh water resources for communities and ecosystems in this hemisphere.

Legal victory! - Peruvian Constitutional Tribunal Orders the Government to Address the Public Health Emergency in La Oroya

FOR IMMEDIATE RELEASE: May 12, 2006 Contact: Dr. Anna Cederstav, Earthjustice/AIDA, (English) (510) 457-4010 [email protected] Dr. Carlos Chirinos, SPDA, (Spanish) (+511) 441-9171 [email protected] Hunter Farrell, MOSAO/Technical Roundtable, English (+511) 97094921 Legal victory! Peru Supreme Court Demands Government Protect Public Health from Doe Run Smelter in La Oroya LIMA, PERU — Peru's Supreme Court has given the Ministry of Health 30 days to declare a health emergency in La Oroya, and to put in place an emergency health plan for the city, widely considered one of the most contaminated cities in the Western Hemisphere.   The city is the home of a multi-metal smelter, owned and operated by the Doe Run Company of St. Louis, Missouri, one of the companies owned by Mr. Ira Rennert and the Renco group of New York.   While the ruling named the Health Ministry as the agency primarily responsible for protecting the health of La Oroya's population, it also called on the Doe Run Company to reduce toxic contamination and protect public health in La Oroya. The ruling requires the Health Ministry to pay special attention to health risks faced by children and pregnant women.   “This is great news for the citizens of La Oroya, who have received justice from the Courts, and who -- in spite of having been threatened and persecuted for their role in demanding health protection in La Oroya -- had faith that justice would prevail,” said Dr. Carlos Chirinos, the attorney with the Peruvian Society for Environmental Law responsible for bringing the case almost four years ago. An initial victory in the lower court had been immediately appealed by Peru's Health Ministry, forcing the plaintiffs to bring the suit to the Supreme Court.   The Supreme Court ruling allows 30 days for the Health Ministry to declare a health emergency in La Oroya, an action demanded by the Movement for Health in La Oroya (MOSAO) since 2003. A spokeswoman for the group, Dr. Eliana Ames, expressed satisfaction with the ruling: "This is the first time the Peruvian Government has acted to defend the health of all La Oroya's children and population." Earlier efforts of Peru's Environmental Health Authority (DIGESA) were limited to a few hundred of La Oroya's estimated 10,000 children, more than 97% of whom suffer from excessive levels of lead, according to last year's study by the St. Louis University's Public Health School.   A related request to protect health by issuing precautionary measures for La Oroya is still pending before the Inter-American Commission on Human Rights. This case was brought by AIDA (Interamerican Association for Environmental Defense), Earthjustice, CEDHA (Center for Human Rights and Environment), and Carlos Chirinos.