Freshwater Sources

Fracking regulation in Mendoza violates Argentina's climate commitments

AIDA filed a legal brief before the Supreme Court of Mendoza arguing the unconstitutionality of a decree allowing for unconventional oil and gas drilling through hydraulic fracturing in the Argentine province.   Mendoza, Argentina. In support of a lawsuit filed by Argentine ally OIKOS, the Interamerican Association for Environmental Defense (AIDA) filed a “friend of the court” brief claiming the unconstitutionality of local regulations allowing for the exploration and exploitation of unconventional hydrocarbons, known as fracking. Using arguments based on international law, the brief outlines how Mendoza’s Decree 248 violates Argentina’s climate commitments and disregards the precautionary principle. "As a party to the United Nations Framework Convention on Climate Change and a signatory of the Paris Agreement, the Argentine State has assumed international obligations to reduce greenhouse gas emissions and mitigate the climate crisis," explained AIDA attorney Claudia Velarde. "Betting on fracking implies an increase in those emissions and non-compliance with the nation’s climate commitments.” Several studies of fracking in the United States have posited that leakage and flaring during fracking operations are associated with a significant increase of methane in the atmosphere. Though less notorious than carbon dioxide, methane emissions are responsible for around 25 percent of global warming. Decree 248 fails to contemplate any provision to control greenhouse gas emissions generated by fracking or limit their climate impacts. “There are not sufficient grounds for the government of Mendoza to claim they can effectively regulate fracking,” Velarde said. "It’s clear that this regulation is insufficient, and that it ignores the precautionary principle.” The precautionary principle establishes that, when there is danger of serious or irreversible damage, the lack of absolute scientific certainty should not prevent the adoption of effective measures to prevent environmental degradation. In fracking, being an unconventional technique with a high degree of technical and scientific difficulty, there is no certainty about its impacts, which merits the application of the precautionary principle. The brief also documents the applicability of this argument based on similar cases in other countries of Latin America. Colombia currently has a moratorium on fracking based on this legal principle. "In recent decades, the development of fracking has raised alarms worldwide due to evidence of serious and irreversible damages to the environment and public health, both of which are aggravated by the climate crisis," Velarde added. AIDA’s brief joins others filed by national and international organizations against the decree regulating fracking in Mendoza, including Xumek, FARN (Environment and Natural Resource Foundation) and Earthjustice. Press contact: Victor Quintanilla (Mexico), [email protected], +5215570522107.  

7 AIDA Advances of 2020

It was a year unlike any other. This new reality makes our victories and daily accomplishments all the more sweet. So we’re especially proud to report on the progress we've made toward a healthy environment and climate justice in Latin America. 1. Safeguarding the High Seas More than 99% of the global high seas—waters beyond national jurisdiction—are unprotected. To remedy this, over the past year we have led Latin American representation in the High Seas Alliance, collaborating with governments to negotiate an ambitious United Nations treaty to protect these waters and key migratory species of sharks, whales, turtles and tuna. The high seas are both essential to long-term ocean health and a critical carbon sink that helps mitigate climate change.   2. Influencing Divestment in the Amazon For nearly a decade we have worked to halt Brazil’s Belo Monte dam, which has displaced thousands of indigenous people and devastated hundreds of rare species. This year, our testimony led the Norwegian Pension Fund, the world's largest state-owned fund, to exclude one of the dam’s main financers, Eletrobras, from its portfolio because of environmental and human rights violations caused by the dam. This is a notable step toward justice for affected communities. 3. Defending Páramos from Mining We continued to protect páramos in Colombia and Ecuador from mining. These biodiverse, high-altitude forests and wetlands are critical carbon sinks that also provide fresh water for millions of people and habitat for endangered species. Our team contributed legal and technical expertise, and, in the case of Santurbán in Colombia, helped build capacity among local attorneys who are now leading the lawsuit to protect this páramo. 4. Protecting Environmental Defenders Latin America is the most dangerous region in the world for environmental defenders. This year, AIDA brought together more than 70 prominent environment defenders from 14 countries across Latin America to share current information about risks and effective strategies for defense. Participants discussed their challenges, identified gaps in knowledge, and developed new approaches for protecting themselves and their territories. 5. Halting Extractive Energy Development Our ongoing legal and technical expertise was critical to halting fossil fuel expansion. We continued litigation to uphold the moratorium on fracking and, helped prevent further coal mining expansion in Colombia, supported communities in Chile affected by coal power plants, and led efforts to hold International Financial Institutions accountable for funding harmful hydropower Guatemala and Colombia. This work is key to promoting the just transition toward truly clean energy. 6. Preserving Marine Biodiversity in Patagonia The Chilean Magallanes region is home to some of the largest whales and dolphins and one of the most pristine areas on our planet. The greatest environmental threat for this region is the salmon farming industry. Building on our past work, we used the law to halt expanded salmon farming and expose the harms the industry brings. Our work closed one salmon farm and set a precedent for the closure of seven others, all of which are under review by Chilean courts. 7. Strengthening Indigenous Land Management in Colombia In coalition with four indigenous communities of the Sierra Nevada de Santa Marta, we continued protecting their lands from illegal mining. Facing hundreds of proposed projects, we helped implement legal strategies demanding a new territorial management plan that recognizes the traditional governing authority of the indigenous. We also helped strengthen community capacity through workshops on environmental protection.  

Championing Lake Poopó’s recovery to protect the life it holds

Calixta Mamani thinks with nostalgia of the tall, green cattails growing along the shores of Lake Poopó, in the arid central plateau of the Bolivian Andes. She once used the reeds as feed for her livestock. "Now, everything has dried up,” she reflected. “There is no life here, the land no longer produces." She thinks also of the birds—Titicaca grebes and Andean flamingos—and of the fish that were once so abundant in the area. "Now you don't see them anymore,” she lamented. “Everything, our culture, is gone." The losses described by Calixta represent a plundering. The indigenous and rural communities living near Lake Poopó have been deprived, not only of their primary water source, but of their livelihood, their way of life, and their culture. Bolivia's second largest lake, Poopó has been damaged by the diversion of rivers, the climate crisis, and mining activities—which have continued despite the pandemic—to the point of putting at risk all the life systems that depend on it. Calixta is a member of the National Network of Women in Defense of Mother Earth (RENAMAT), an organization that defends the rights of indigenous and peasant women against the destructive impacts of extractive industries in the regions of Oruro, La Paz, and Potosí. Responsible for grazing the animals, food preparation, and other household tasks, Calixta and other local women live with the lake on a daily basis. As a result, they more acutely suffer the effects of its degradation. It’s because of the respectful relationship they have with Mother Earth and Mother Water that the communities around Lake Poopó are fighting to save it. Decades of Pollution According to a report by the Collective for the Coordination of Socio-Environmental Actions (Colectivo CASA), complaints related to Lake Poopó’s contamination by mining activities date back to 1981, when researchers revealed that 120 lead, tin, and gold mines were discharging their waste directly into its waters. The situation, which has continued over the years, has led to sedimentation. This means that considerable amounts of cadmium, zinc, arsenic, and lead have become sediment in the lake, making its waters unsuitable for human and animal consumption and of limited use for crop irrigation. "With the passage of time and the advance of mining, the exploitation of minerals has intensified,” said Petrona Lima, from Ayllu San Agustín de Puñaca, municipality of Poopó, in a testimony collected by the Center for Andean Communication and Development (CENDA). “Little by little all this has been disappearing, water veins have been cut, and everything has come to be as it is now; it looks like everything is burned." In an effort to preserve its biodiversity—which includes endemic and migratory birds and the largest number of flamingos in the Bolivian highlands—in 2002 Lake Poopó, along with Lake Uru Uru, was declared a Wetland of International Importance under the Ramsar Convention. Despite this protection, the ecosystem remains in serious danger. In December 2015, water levels in Poopó reduced to such an extent that the body of water actually disappeared—an event considered one of Bolivia’s greatest environmental catastrophes. Although the lake managed to recover its flow during the rainy season, the situation remains critical in the dry months. The Climate Crisis and River Diversion The degradation of the lake is also a result of the global climate crisis, which brings intense droughts and increased temperatures. If the global average temperature increased by 0.8°C due to climate change, in Lake Poopó the increase was 2.5°C, according to information published in 2015, accelerating the evaporation of its waters.  Another major source of the degradation of these high-Andean lakes is the diversion of two of the rivers that feed it: the Desaguadero and Mauri rivers. The former has decreased due to mining and agricultural operations, while the later, located on the border with Peru, has been diverted. Currently threatening the Poopó Basin is the implementation of the second phase of a canal project that would divert more than 500 liters of water per second from the Mauri River to feed the agro-industry in Tacna, Peru. The implementation of the project’s first phase was one of the primary causes of the lake’s disappearance in 2015. Defending Their Source of Life Rural communities, the Aymara and Quechua peoples, the Uru Murato—among Bolivia’s oldest native nations—all depend on the Poopó and Uru Uru lakes. The Uru Murato used to live from fishing, but the contamination of Poopó has forced them to migrate to work in the salt mines. In addition to causing serious environmental damages, what’s happening to this ecosystem is a serious violation of affected peoples’ rights to water, health, territory, food, and work. That’s why AIDA and local organizations have joined forces to defend Lake Poopó, its biodiversity, and the communities that depend on it. In July of last year, we asked the Ramsar Convention Secretariat to send a mission of experts to the country to assess the health of Lakes Poopó and Uru Uru and make recommendations to the government for their recovery. This month, we launched the campaign #LagoPoopóEsVida to make the situation visible and to draw the attention of national and international authorities to the risks facing the lakes and its people. Protecting Lake Poopó would be tantamount to saving lives and preserving one of Bolivia’s cultural cornerstones.  

Preserving Bolivia’s High-Andean lakes, sources of life

Seeking justice for communities affected by the Hidroituango dam

Inter-American Court upholds indigenous rights in Argentina

In Argentina’s Rivadavia department, along the border of Bolivia and Paraguay, the lands have been inhabited by indigenous people for at least 60 years. Communities there subsist primarily from hunting, gathering, and fishing. Many of these ancestral peoples have been battling for governmental recognition of their land rights since 1984, when the country’s transition from dictatorship to democracy began. This lack of recognition has had profound impacts on the lives of indigenous inhabitants, affected by changes in their land and its use. As Creole families settled in the area, they brought their own customs and economic activities, such as animal grazing and illegal logging. Barbed wire fence was erected without consulting indigenous populations, and an international bridge was built that crosses into their land. These developments have changed how the indigenous people eat and disrupted their access to water, threatening their very cultural identity. With no protection from the Argentine government, in 1998 a coalition of indigenous groups took their struggle before the Inter-American Commission on Human Rights. Grouped in the Lhaka Honhat (Nuestra Tierra) Association—made up of Wichí (Mataco), Iyjwaja (Chorote), Komlek (Toba), Niwackle (Chulupí) and Tapy'y (Tapiete) indigenous peoples—, they were represented by the Centre for Legal and Social Studies. In 2012, the Commission issued its Merits Report, establishing the violation of indigenous communities' rights and recommending that the State adopt reparation measures. When Argentina failed to comply with the provision, the case was referred to the Inter-American Court of Human Rights. On April 2, 2020, the Court’s decision declared Argentina responsible for the violation of the indigenous peoples’ rights to community property, cultural identity, a healthy environment, and adequate food and water. The ruling marks an important milestone in the struggle for indigenous rights. It is the first time that the Court, in a contentious case, has analyzed these rights autonomously on the basis of Article 26 of the American Convention, and ordered specific measures for their restitution, including actions for access to food and water, the recovery of forest resources, and the recovery of indigenous culture. Actions for Reparation Among other implications, the Court's decision could lead to solutions to the health issues afflicting the indigenous communities of Lhaka Honhat. The violation of their rights to food and water has caused deaths from malnutrition and dehydration. The Court demanded that the State present a study within six months that identifies critical situations of lack of access to drinking water and food, formulates a plan of action to address them, and begins its implementation. It also ordered the creation and implementation of a community development fund within a period of no more than four years. As for the territory, the State shall, within a maximum period of six years: Delineate, demarcate, and grant a single collective title without subdivisions or fragmentations for the indigenous communities. Transfer the Creole population out of the indigenous territory through specific mechanisms that promote, above all, voluntary transfer. Remove barbed wire fences and livestock belonging to Creole settlers from indigenous lands. Refrain from carrying out acts, works or undertakings in indigenous territory. Additionally, the Court requested the adoption of legislative and/or other measures to provide legal certainty to the right to indigenous community property in Argentina. Supporting the Indigenous Struggle In March 2019, AIDA helped author and amicus brief in support of the climate of the indigenous communities of the Lhaka Honhat Association. We did so alongside our allies on the litigation group of the International Network for Economic, Social and Cultural Rights (ESCR-Net), including Amnesty International, the Asociación Civil por Igualdad y Justicia, the Colombian Commission of Jurists, Dejusticia, FIAN International, International Women's Rights Action Watch - Asia Pacific, and the Minority Rights Group International. Our arguments highlighted the importance of recognizing economic, social, cultural, and environmental rights as real enforceable rights—similar to others such as the right to life or personal integrity—due to their independent and indivisible nature. In this sense, AIDA recalled the important advance that the Court promoted with Advisory Opinion 023, which recognizes the right to a healthy environment as fundamental to human life. Our brief called on the government to respect the rights of indigenous peoples—as outlined in Article 26 of the American Convention on Human Rights—to a healthy environment, food and water, and cultural identity. The Court's decision establishes an important regional precedent for the protection of the environment in the Americas. It contributes to the consolidation of standards to protect the land of indigenous communities, as well as their rights to a healthy environment, water and culture.   

Take Action: For Water, Against Destructive Dams

  For Maria and the other women of Ixquisis, the river is a special place.  There, they meet and wash clothes, talk about their families, their to-do lists, their joys and their worries. However, life in Guatemala's microregion of Ixquisis has changed dramatically in recent years. Several large dams are being constructed in the watershed, including the Pojom II and San Andrés dams, both of which were financed by a private lending arm of the Inter-American Development Bank (IDB). Even before completion, dam construction has resulted in water scarcity and the contamination of these long-cherished rivers. Fish are no longer abundant, and stomach and skin diseases have become commonplace. To make matters worse, the people of Ixquisis no longer feel safe. For speaking out against the dams, the women live in fear of retaliation — be it against themselves, their husbands or their children. However, despite the risks, they will not be silenced. The women of Ixquisis need your support. Sign the petition and stand with Maria and the women of Ixquisis to call on the Inter-American Development Bank to divest from the dams that are polluting their water and threatening the health and safety of their community.

Fact Sheet: Mayan women in defense of their rivers

   Download the fact sheet 

Preserving the legacy of the Sierra Nevada de Santa Marta, Heart of the World

Learning from Mendoza, Argentina: “Water is not negotiable

Near the end of 2019, the citizens of Mendoza, Argentina united in one of the province’s most important social manifestations. Their objective was clear: to defend their water. People of all ages—members of NGOs, environmental assemblies, anti-mining movements, scientists and academics—took to the streets to demand that the local government reverse the modification of Law 7722, known as "guardian of the water" or "the people’s law." The law is fundamental for the protection of water in Mendoza because it prohibits the use of cyanide, mercury, sulfuric acid and other toxic chemicals in mining activities—all of which seriously contaminate rivers, lakes and other natural water sources. Enacted on June 21, 2007, this law resulted from a long struggle by civil society. A step back in environmental protection The government intended to modify Law 7722 with another regulation, Law 9209, which allowed for "the use of chemical substances [including cyanide], mixtures or dissolutions of them, to ensure the sustainability of the [mining] project.” The justification for eliminating the prohibition on the use of cyanide and other toxic elements was "to guarantee the sustainability of the use of natural resources, with special emphasis on the protection of water resources and to ensure compliance with mining activities.” The use of cyanide in legal mining is becoming less frequent due to the risks involved in its manufacture, transport and use. Cyanide compounds are highly toxic in their gaseous form or when dissolved in water. Considering that the limit of cyanide in drinking water for safe human consumption is four drops per liter, the concentrations used in mining present high risks. In addition, there is abundant evidence of cyanide spills and losses from mining facilities during transport, and multiple cases of mass fatalities of wildlife near mining facilities, particularly migratory birds. The legislative amendment sought to make the procedures for environmental control and monitoring more flexible, by establishing that it was no longer obligatory for the Environmental Impact Statement of a mining project to be ratified by law. This undermined the effectiveness of Law 7722. These changes, promoted by the government of Mendoza, violated environmental protection principles contained in Argentina’s Constitution, among them sustainability and other national regulations that the provinces are obliged to comply with and enrich. For example, article 41 of the Constitution states that "all inhabitants have the right to a healthy, balanced environment, suitable for human development and for productive activities to satisfy present needs without compromising those of future generations; and they have the duty to preserve it." The citizen's response The social response to this modification—which intended to give free rein to the use of substances with a high environmental impact—surpassed all precedents. By successfully reversing an initiative already approved by Mendoza's legislators, it became an example for the entire region. The largest demonstrations in Mendoza's history began on December 22. Under the slogans "water is not negotiable" and "water is worth more than gold," the people of Mendoza organized to express their disapproval of the new law. The following day, 50,000 people gathered in front of the Provincial Government House after a journey of more than 100 kilometers, which began in the town of San Carlos, in the Uco Valley. They demanded: Law 7722 is not to be touched. Despite this widespread popular rejection, the Governor of Mendoza enacted the reform. Then, thousands of self-convoked neighbors gathered at kilometer zero—between San Martín and Garibaldi Streets—in the provincial capital to demand the law’s repeal. On December 26, faced with constant and growing social pressure, the Governor announced that he would not enact the new law. That palliative measure was deemed unconvincing and mobilizations intensified. The Governor then decided to reverse the amendment to Law 7722. On Friday the 27th, he announced the reform’s repeal, which finally happened on Monday the 30th. The case of Mendoza teaches a valuable lesson to all Latin American countries: When citizens are aware of the importance of nature and the scale of the dangers it faces, they will not yield. Socio-environmental conflicts are not only a response to those who have control over natural resources, but also to their effects on a complex social network. For humans and also for other beings, nature is a formative part of our identity, culture and customs. We are part of it and it is part of us. It is a living and interconnected network. That is why we must be its main defenders. The prompt and necessary updating of the concept of "sustainable development" is one of the challenges of Environmental Law in the 21st century. We mustn’t promote development that attacks nature and ignores human rights.   Learn more about the use of cyanide in mining (in Spanish).