Freshwater Sources


Paisaje desértico en La Guajira, Colombia.

Expanding coal mining in Colombia contravenes a just energy transition

Colombia faces numerous challenges related to the just energy transition the world needs. As the main exporter of thermal coal in Latin America, one of its primary challenges is to define the future of this mineral in the country's economic and energy matrices, as well as how to align this sector with its commitments to address the global climate crisis. Certainly, the measures taken to achieve a just energy transition and meet climate commitments must respect and guarantee human rights. The State must do so with a differentiated perspective that respects the most vulnerable groups in society who are most affected by the impacts of the climate crisis and transition processes. As part of a plan to change the energy transition strategy, the current government has proposed to create a roadmap that focuses, among other things, on promoting renewable energy projects from non-conventional sources, among other initiatives. The proposal is based on four principles: equity, social and binding participation, sovereign graduality with reliability, and a principle of knowledge. Although the proposed strategy can be seen as progress towards energy transition and meeting international commitments and standards, it has some gaps: it does not focus sufficiently on fossil fuel substitution and ignores the role and impact of the coal sector in all its phases. The omission of the structural causes of the climate crisis hinders the consolidation of an energy transition, which is now a contested scenario with various claims and interests at stake. A vivid example is the department of La Guajira in the north of the country, where a high potential for renewable energy coincides with the extraction of 35% of exported coal, exacerbating the climate crisis. This has increased the region's already high climate vulnerability and aggravated human rights violations in that territory. The impacts–particularly water stress, desertification, and reduced rainfall—have been so severe that the government has declared a state of economic, social, and environmental emergency in La Guajira, where the El Niño phenomenon is expected to occur with greater intensity and duration than in previous years.   The coal sector’s role in the energy transition process Combating and addressing the climate crisis requires progress in replacing fossil fuels, as well as slowing down the expansion of their extraction and exploitation with the obvious consequence of limiting their use as much as possible. In the countries of the Global South, which are highly dependent on the extraction and commercialization of fossil fuels, the debate has begun on whether and how to move forward with the substitution process. If Colombia is to move forward in meeting its climate commitments and in the process of a just energy transition, it must halt the approval of new thermal coal mining projects, avoid the expansion of existing projects, and initiate responsible exit processes for a gradual closure of mining operations in which rights are guaranteed. The energy transition roadmap should focus on avoiding, as much as possible, human rights impacts (territorial, subsistence, and environmental) on the communities most affected by the impacts of the climate crisis. The goal is to avoid further human rights violations and a lack of protection for the territories traversed by the coal sector's production chain. The debate around the energy transition and the socio-environmental conflicts associated with coal is fully exemplified in the case of the Bruno stream, in La Guajira, with an ongoing legal process. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the company Carbones del Cerrejón (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights of access to water, health and life. The debate about the energy transition and the socio-environmental conflicts associated with coal is exemplified by Bruno Stream in La Guajira, which is the subject of a court case. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the Carbones del Cerrejón company (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights to access to water, health and life.   What just transition does need After analyzing the role of coal in the process of just energy transition in Colombia, it is possible to conclude that the country is not meeting its climate commitments because it has not established specific measures and actions for the coal sector in its climate policy. If Colombia wants to move forward in fossil fuel substitution, climate policy and the energy transition process cannot be separated from the monitoring and decision-making of the relevant authorities regarding specific projects in the coal sector. Climate change management and the energy transition process must recognize the claims of justice, reparation, and non-repetition raised by communities affected by years of coal extraction, such as those in the department of La Guajira. In a just energy transition scenario, progressive, participatory and inclusive processes to end mining - together with the affected communities - must be ensured, aiming to create diversification and conversion scenarios in regions with high dependence on the coal sector. Acting within this framework is desirable and possible.  

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Session 2 of the AIDA’s 25th Anniversary Webinar Series

Takeaways for preserving biodiversity and safeguarding the communities that protect it In this second session we discussed the current state of biodiversity in Latin America and the communities that care for it, examining the main threats and opportunities, as well as the urgent measures needed to effectively address the biodiversity crisis and safeguard the rights of indigenous and traditional populations.   Panel Ana Di Pangracio: Director of Biodiversity, Environment and Natural Resources Foundation (Argentina). Robinson Mejía Alonso: Forest engineer and human rights and land defender, Socio-Environmental Youth Collective of Cajamarca (Colombia). Viviana Tinoco Monge: Minister Counsellor, Permanent Mission of Costa Rica to the United Nations in Geneva. Moderators: Claudia Velarde and María José González-Bernat, Coordinators of AIDA's Ecosystems Program.   Recording  

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What happened at the World Water Conference 2023?

By Yeny Rodríguez, Claudia Velarde and Rosa Peña*   The UN Water Conference 2023, held March 22-24 in New York, was organized in response to the need to evaluate the fulfillment of global goals and targets in the areas of water and sanitation, about which there is growing concern. AIDA participated in the Conference to position key messages from Latin America and the Caribbean that should be made visible and included in the discussions and that should now be part of the fulfillment of the Water Action Agenda, which was adopted at the global meeting. What follows is our take on the important event and what we hope will come of it in the future.   The Advances An agenda for urgent action The Conference concluded with the adoption of the Water Action Agenda, a plan that included 689 commitments—collected from the official sessions and side events—as well as pledges of $300 billion dollars in financing to drive them forward. The commitments cover capacity building, data and monitoring systems, and improving infrastructure resilience, among other actions. The online platform hosting the Agenda will remain open for submissions. Overall, the Conference served as a global call to protect water and the water cycle as a global common good and a fundamental human right. The international community was also alerted to the need for urgent action to address the water crisis—which translates into shortages and droughts, contamination of water sources, degradation of strategic ecosystems and serious governance problems— which today particularly affects the world's indigenous peoples, Afro-descendants and rural communities. It’s important that the commitments made be incorporated into climate discussions, since the water crisis and the climate crisis are closely interconnected. The drive for fair water governance Innovative initiatives for the protection of ecosystems and for fair water governance were launched at the Conference. Water governance involves decision-making processes, as well as institutions and power relations that influence the flow, quality, use, availability and distribution of water (fresh or salt, surface or subsurface). One such initiative was the Transformative Water Pact, built collectively by a diverse group of more than 40 civil society organizations and academia, including AIDA. The Dutch NGO Both ENDS and the International Water Knowledge Institute (IHE-Delft) spearheaded the initiative. The Pact proposes an alternative vision of water management based on the principles of environmental justice, equity and care. It proposes frameworks for action and strategic priorities to guide decision-making. It is a response to the continued overexploitation and degradation of freshwater ecosystems, human rights violations, and the extreme power imbalances that characterize current water management around the world.   The Inspiring The role of women and indigenous peoples The presence of civil society at the Conference was mostly female. This both revealed the intersectional nature of the inequalities that women experience on a daily basis in their struggles for water, and vindicated their important role in water management. Women possess and transmit traditional ecological knowledge for the care of water, lead struggles in its defense, and are more frequently exposed to risks and threats to their lives. Yet their voice is often disregarded, and they are not often invited to participate in environmental decision-making spaces. Similarly, important indigenous leaders from across Latin America and the world attended the Conference. This showed how much we have to learn from indigenous ancestral practices for the care of water, as well as the decisive role that indigenous and traditional communities play in the care of 80 percent of the planet's biodiversity and in the mitigation of the climate and water crises. The parallel events in which these actors participated made the world reconsider and reevaluate what the West has understood from science, making it clear that the ancestral knowledge system of indigenous peoples is specialized and sophisticated, and therefore must be prioritized in any policy of integrated and fair water management. The unity of civil society for water justice Although largely absent from official UN spaces, civil society had a strong and inspiring presence at the Conference. Organizations, activists and water advocates from around the world held important conversations and called for effective participation, with their own voice, in these spaces. "When you ask me about this conference, I can tell you that I am optimistic, not because of the results, but because of the spirit that was born thanks to you," said Pedro Arrojo-Agudo, UN Special Rapporteur on the human rights to safe drinking water and sanitation, to a room full of civil society members and water defenders. "The UN needs the energy and legitimacy that water defenders' movements are offering and I am sure it will come." Representatives of more than 500 organizations, indigenous peoples, social movements and water defenders presented the Water Justice Manifesto with the intention of amplifying the voices of those who are not being heard and insisting that fundamental issues be placed at the center of water policies at the global, regional, national and subnational levels. Although not scheduled, movement leaders were able to read the manifesto in an official space at the Conference, which allowed for its entry into the central dialogue.   What was Missing Guarantees for the effective fulfillment of commitments Although the Conference was a unique and relevant opportunity to place water-related issues on the world agenda, there is still a long way to go toward achieving effective commitments from nations, as those included in the Water Action Agenda are not legally binding. In the near future, we need these commitments to be binding, and for there to be a follow-up mechanism, indicators to measure the progress made by States in fulfilling the Agenda and – why not? – a specialized international instrument for the protection of the human right to water and sanitation. A more open and inclusive participation in the dialogue Practically all sectors echoed the need for greater participation in official UN spaces and in future conferences. This requires a broad understanding of the water crisis and the intersectional movement needed to address it justly. It implies thinking about participation based on the inclusion of stakeholders on an equal footing for dialogue and, at the same time, recognizing the individuals, communities and peoples who hold the right to water, whose voice must be taken into account in a differential manner given their interdependent relationship with water. Recognition of the valuable role of water defenders In Latin America, defending rivers, lagoons, streams, aquifers and, in general, the right to water is a risky activity. Water is a natural resource in dispute. Those who work to safeguard it for human consumption or for its recognition as an enforceable right have for years been subjected to stigmatization, threats, persecution and attacks on their lives and integrity. The water agenda must recognize the important role of water defenders, as well as promote the creation of instruments and mechanisms aimed at providing greater guarantees to those who dedicate their lives to this work. The promotion of horizontal alliances and articulations for the protection of water The protection of water is a task of all States with differentiated responsibilities and capacities. Its effective achievement requires initiatives and processes of international cooperation, alliances and articulations among States based on mutual respect and recognition. This will make it possible to reach consensual paths and prevent the repetition of dynamics of imposition. Furthermore, these articulations must recognize and respect the normative frameworks of indigenous peoples so that, based on their uses and customs, they can continue to play their fundamental role in the protection and management of water.   What’s Next It’s expected that the commitments contained in the Water Action Agenda will be reviewed and endorsed internally by Latin American governments and promoted at the international level at upcoming summits and high-level meetings. It’s also expected that the importance of protecting the human right to water and sanitation will be a key theme in all international forums where progress on the Sustainable Development Goals (SDGs) is discussed, such as the SDG Summit scheduled for September, and especially at the 28th United Nations Climate Change Conference (COP28). AIDA will continue to work to protect key ecosystems, prevent industrial pressure on water, advocate for the participation of local communities in decision-making about their water sources, and defend the human right to water.   *Yeny Rodríguez is an attorney with AIDA's Ecosystems Program, Claudia Velarde is Area Coordinator of Ecosystems Program y Rosa Peña is an attorney with Human Rights and Environment Program.  

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Freshwater Sources

The Transformative Water Pact

In March 2023, world leaders and stakeholders across sectors will gather in New York for the UN Water Conference, dedicated to address the global water crisis. From countless experiences of people around the globe, and supported by substantial scientific evidence, it is obvious that major changes are needed in the way we share and care for water. In the decades since the last UN Water Conference in 1977, water sources have been further exploited and polluted for the economic gains of a few. As a result, ecosystems have deteriorated and the majority of the world’s people have been left with too little and unsafe water to rely on.The Transformative Water Pact (TWP) was launched at the 2023 Conference and has been developed in response to the continued exploitation of nature, neglect of human rights and the extreme power-imbalances that characterize contemporary water governance throughout the world. It details an alternative vision of water governance based on the tenets of environmental justice, equality and care. The TWP spans two sections of key principles and a framework for action, that provide anchor-points and strategic priorities to guide decision-making for transformative change in water governance.The TWP was initiated by the Dutch environmental justice organization Both ENDS and the international water knowledge institute IHE-Delft. It was developed and authored by a diverse group of 40+ environmental justice advocates from civil society and academia, notably from the Global South, who work extensively on water-related issues throughout the world. It’s content was defined through a process of online round-tables and writing from December 2022 to February 2023. The TWP is a living document that can serve as a basis for further discussion and refinement.The TWP can be endorsed by any actor that supports the transformative principals and is committed to implementing the framework of action within their own area of expertise and sphere of influence, including Non Governmental Organizations (NGOs), policy-makers, academics, private sector actors, community groups and governmental organizations.   Download the document 

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Towards just water governance in Colombia: A dialogue on the Transformative Water Pact

UN 2023 Water Conference virtual side event Ecosystems such as wetlands, paramos, rivers and other hydrosystems, as well as the people who inhabit them, are fundamental to mitigate the water crisis. However, the growing socio-environmental conflicts over competition for water uses are evidence of the strong pressure on water resources exerted by large-scale mining and other extractive industries in Colombia and Latin America. Indigenous peoples, Afro-descendants, peasant communities and urban dwellers continue to demand judicial protection of their human rights to water and environmental participation due to the impacts generated by human activity. This event presented The Transformative Water Pact (TWP), an innovative framework for water governance that has been developed by environmental justice experts from around the world. The TWP served as a starting point for dialogue between representatives of the government of Colombia, academia, regional and international NGOs in relation to Colombia’s current ambitions in multi-scalar water governance. Specific attention was given to the ways in which indigenous, ethnic and bio-cultural approaches can be used to create stronger synergies between communities and formal institutions within the context of water governance. We also discussed challenges that still remain in protecting strategic ecosystems in the region and the lessons learned from the environmental movement in Colombia, linking them to policy recommendations for transformative water governance at the regional level.   speakers Murtah Shannon, Policy Advisor, Both ENDS. Yeny Rodríguez, Attorney, Interamerican Association for Environmental Defense (AIDA).  Fabián Caicedo, Director de Gestión Integral del Recurso Hídrico, Ministerio de Ambiente de Colombia.  Violet Matiru, Executive Director, Millenenium Community Development Initiative (MCDI), Kenia. Bhanumathi Kalluri, Director, Dhaatri Trust, India.   Recording   More info Learn more about the Transformative Water Pact.  

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Irish company buying Colombian coal to be investigated for lack of due diligence with regard to human rights

The OECD accepted a complaint filed by civil society against the Irish state-owned company ESB for its failure of responsible business conduct in the purchase of coal from Cerrejón.   The National Contact Point (NCP) for the Organization for Economic Cooperation and Development (OECD) in Ireland agreed to evaluate the complaint filed against an Irish state-owned company, The Electricity Supply Board (ESB), for its lack of due diligence on human rights. ESB is a buyer of coal from Carbones del Cerrejón, the operator of the largest open-pit coal mine in Latin America. The complaint was filed in January 2021 by a coalition of national and international organizations, including CAJAR, CINEP, AIDA, GLAN, ABColombia, Ask, and Christian Aid. The complaint also had the support of several leaders of Wayuu and Afro-Campesino indigenous communities that have been historically affected by this extractive coal mining megaproject. For years ESB, considered Ireland's largest energy company, has purchased coal from the Cerrejón mine, located in La Guajira, Colombia, for use in its Moneypoint power plant in County Clare. The complaint alleges non-compliance by the company, as the purchaser, with the OECD's standards of due diligence and responsible business conduct in environmental and human rights matters. In addition, the complaint alleges that ESB has failed to take the necessary actions to influence Carbones de Cerrejón's own due diligence in identifying, mitigating, and preventing human rights abuses linked to the mine. This failure comes despite well-documented evidence of serious violations against Wayuu and Afro-Colombian indigenous communities, including environmental impacts and threats to human rights defenders. Following an initial assessment of the complaint, the Irish government's NCP released an initial statement on Monday, July 18, stating that it found sufficient grounds for further examination of the issues raised. From the perspective of the denouncing organizations, the purchase of Colombian coal by ESB has been made in spite of the company having been aware of ample evidence of serious human rights violations and environmental impacts in the territory of indigenous Wayuu and Afro-descendant communities. The company itself, on its official website, stated: "ESB is well aware of Colombia's difficult history that has had serious impacts on its population for many years. We are also aware of the issues reported in the media regarding the Cerrejón mine, many of which are related to Colombia's past. We are committed to remaining attentive to all of these issues and will continue to work with Bettercoal to influence and drive improvements. We bring these issues to Bettercoal for assessment as a matter of course." Although ESB had indicated that it stopped buying coal from Cerrejón in 2018 because of human rights violations, it recently announced that in the wake of the Russia-Ukraine war it was resuming its purchase of this coal for the coming months. "Six years ago, Ireland stopped buying Colombian coal, citing human rights concerns, and turned to Russia for the fossil fuel. Now, the European nation has resumed purchases from Colombia." On his recent visit to La Guajira in April of this year, Irish TD Gary Gannon criticized ESB for restarting coal imports from Cerrejón. Gary Gannon, who traveled to Colombia in April as part of the parliamentary delegation, said he had seen with his own eyes the devastating environmental impact of the mine and the pain of the indigenous communities displaced from their land for its expansion. "There is a disturbing double standard in this return to Cerrejón," he said. "We rightly say no to Russian coal after the invasion of Ukraine, recognizing the impact our business decisions can have on human rights. But that standard must apply everywhere, including Colombia." In the words of Wayuu leader Jakeline Romero Epiayu: "European countries, with total hypocrisy, send us messages of decarbonization, of abandoning the use of fossil fuels; but suddenly they put Colombia and La Guajira back in their focus to buy this coal that they continue to need, this coal that we have tirelessly said is stained with blood, stained with the lives of Wayuu men, women, boys, and girls." The complaint requested, among other recommendations, that ESB: end its commercial relationship with the purchase of Colombian coal, issue a public statement acknowledging the need for its cessation, request the mine's parent companies initiate progressive closure of the mine and remediate its impacts, compile and publish an effective human rights policy, and issue a formal apology to the affected communities. Following the issuance of this initial assessment, the Irish NCP will formally ask the parties if they are willing to participate in mediation, with the objective of reaching a resolution to the issues raised in the complaint. The goodwill offer is voluntary for both parties. If a mediated solution is not possible, the Irish NCP will conduct a review of the complaint. The outcome will be reflected in a Final Statement which may include recommendations on the implementation of the OECD guidelines. The Irish NCP also noted that it is still processing another complaint against CMC Coal Marketing Company, a Dublin-based company responsible for the marketing and sale of coal from the Cerrejón mine. In the wake of the war between Russia and Ukraine and the current context of increasing demand for Cerrejón coal, this complaint sends an important message that countries and companies that buy this coal must continue meeting their obligations with respect to human rights and corporate due diligence duties. José Alvear Restrepo Lawyers' Collective Center for Research and Popular Education Interamerican Association for Environmental Defense (AIDA) press contact: Víctor Quintanilla (Mexico), AIDA, [email protected], +525570522107  

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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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Court suspends fracking pilot projects, reaffirms right to prior consultation in Colombia

A Colombian judge on Thursday suspended the environmental license for the Kalé fracking pilot project and the environmental permitting process for the Platero fracking pilot project—both located in the municipality of Puerto Wilches, Santander—until the consultation processes with the communities of the region are completed. The court ruling responds to an injunction filed by the Afro-Colombian communities of Puerto Wilches (AFROWILCHES), the Podion Corporation, the José Alvear Restrepo Lawyers Collective, and the Colombia Free of Fracking Alliance, to which AIDA provides legal support. For AIDA, the suspension of the projects represents a victory for the communities of the Magdalena Medio. It acknowledges that fracking cannot advance in the country without their real and effective participation, without a social license, and in a context of threats against the lives of defenders who oppose this technique. "The court decision sends a powerful warning message to other Latin American nations,” said Yeny Rodríguez, AIDA attorney. “Governments currently advancing fracking must respect the principles of environmental democracy, especially since this is a technique and an industry that significantly impacts the environment and public health." "While the guarantee of the right to participation and prior consultation is non-negotiable, fracking continues to be a widely questioned technique, which has been banned worldwide due to the lack of scientific certainty about its possible risks and the very high socio-environmental costs it has caused in the countries that already employ it," she explained. There has been a judicial moratorium on the development of commercial fracking in Colombia since November 2018, when the Council of State declared its provisional suspension at the national level. That decision is based on the precautionary principle, since the regulation of fracking does not contemplate the environmental risks and impacts that its application could cause. A final ruling from the Council of State on the fracking regulation is expected in the coming months. In addition, a second appeal for legal protection filed by more than 10 organizations of fishermen, farmers, women and youth of Puerto Wilches is being considered based on the violation of the right to public participation in the implementation of fracking pilot projects there. The appeal was denied in the first instance, but a favorable ruling is expected in the second. The Colombian Constitutional Court will hear of the decisions of these two judicial proceedings. That court and the Council of State will have the final word on the future of fracking’s implementation in the country. The judges of Colombia, and those across the region, have the power and the opportunity to positively transform development models that promote activities like fracking while systematically damaging the environment and violating human rights. Press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107  

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

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

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

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

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