Freshwater Sources

Climate Change, Fracking, Freshwater Sources

Is the UN finally turning against fracking?

The world is divided over the issue of fracking, a fact that is (at times painfully) apparent in the United Kingdom (UK) where I grew up.  Four separate countries make up the UK. Of them, England is the only nation that still allows hydraulic fracturing; Scotland, Wales and Northern Ireland (along with a host of other countries worldwide) have banned the controversial process.  Despite earthquakes linked to fracking in areas of the country where such things are virtually unheard of—plus waves of protests, controversy and opposition campaigns— the British government has so far refused to change its position. However, a recent United Nations recommendation to the UK may signal the beginning of the end for fracking in England and, hopefully, around the world. Fracking and the United Nations Until recently, the UN has appeared to have a complicated relationship with fracking. Several different UN bodies have made conflicting statements about the benefits of, and issues with, this means of energy production.  In early 2018, the UN Conference on Trade and Development released a report that, according to one of its authors, did “not [say fracking] is good or bad,” but rather that each project’s cost/benefit analysis was dependent on a number of context-specific factors. The report cited positive aspects of fracking, calling it a useful “bridge fuel” for States aiming to move towards more environmentally-friendly renewable power sources, alongside it’s disadvantages. This argument is not viable since the environmental impact of hydraulic fracturing is even greater than that of conventional gas and oil exploitation. Over the last few months, however, it seems the UN has been hardening its position against fracking, particularly given its negative climate change impacts in the context of the Paris Agreement, the intergovernmental treaty in which nations have committed to taking ambitious steps to keep global warming below 1.5 degrees centigrade with respect to pre-industrial levels.  Since October 2018, there have been 2 UN recommendations issued against fracking. In the UK, the government was urged to consider a complete and comprehensive ban on fracking; and in Argentina, the government was urged to reconsider the development of a large fracking project.  The dangers of fracking Although for its promoters fracking has led to a huge spike in oil and gas production around the world—perhaps most notably in the US—its use has come at great environmental cost, particularly with regards to air quality and water supply due to the amount of water used in the process and its consequent contamination. Fracking releases large quantities of methane, a greenhouse gas whose global warming potential is 86 times greater than carbon dioxide over a 20-year period, according to the Intergovernmental Panel on Climate Change. In addition, the release of this gas can be hugely detrimental to the air quality surrounding fracking sites.  Fracking also leads to increased earthquake risks due to the high pressure used to fracture layers of shale rock and extract oil and gas from it. In its recommendations to the UK and Argentina, the UN has clearly stressed the dangers of fracking.  The key reason behind its recommendation to Argentina to reconsider the fracking project was its effect on climate change, especially in light of the Paris Agreement, and “the negative impact [that the project would have] on global warming and on the enjoyment of economic and social rights by the world’s population and future generations.” In its recommendation to the UK, it was noted that women in the UK are “disproportionately affected by the harmful effects of fracking, including exposure to hazardous and toxic chemicals, environmental pollution, and climate change.” Stopping the spread of fracking While operational in certain areas of the world, and being banned in others, fracking is advancing rapidly in Latin America.  In the face of increasing global energy demand, it is crucial that the region, and the international community as a whole, commits to developing only truly sustainable energy projects. Fracking is not one.  I believe the UN’s recent change in tone on fracking is a positive advance that should inspire both Argentina and the UK to react accordingly. From a personal point of view, I hope the UK heeds the growing evidence about the dangers of fracking and abandons the practice immediately. For Latin America, and other regions facing fracking’s blind advance, there are many countries to hold up as examples of how to confront the controversial practice. That’s why AIDA recently published a report highlighting the arguments and mechanisms that have been used around the world to restrict fracking and avoid its negative impacts on people and the environment.  It is crucial that these impacts be properly considered as we take the ambitious steps needed to create an energy matrix that can solve the world’s energy needs without violating human rights, destroying our common goods, or worsening the catastrophic impacts of the climate crisis.

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An aerial view of the Amazon jungle surrounding the Belo Monte Dam in Brazil.
Climate Change, Freshwater Sources, Large Dams

The False Promises of Hydropower

How dams fail to deliver the Paris Climate Agreement and UN Sustainable Development Goals A Joint Statement by Civil Society Organizations on occasion of the 2019 World Hydropower Congress in Paris, France We live in an age of urgency. Scientists have warned that we have little time to act to bring climate change under control and protect the integrity of life on our planet. Confronting the climate crisis requires creative solutions that both protect nature and respect human rights. Facing these challenges, we cannot remain silent onlookers while corporate profiteers, financiers, and their allies peddle false solutions for addressing climate change and implementing sustainable development. A flagrant example of such deception is the attempt to portray large hydroelectric dams as a ‘clean and green’ source of energy, as can be seen at the 2019 World Hydropower Congress. Organized in Paris by the industrial lobby of the International Hydropower Association (IHA) in partnership with UNESCO, the conference’s title reads, “Delivering the Paris Climate Agreement and the Sustainable Development Goals.”   Such glossy portrayals of hydroelectric dam projects—with an eye toward capturing financial incentives through mechanisms like Climate Bonds and the Green Climate Fund—conveniently ignore a long legacy of social and environmental catastrophes, economic waste and, all too often, massive corruption schemes that are the antithesis of truly sustainable development. ... A Call for Action The undersigned civil society organizations call on the members of the International Hydropower Association, governments and international financial institutions to implement the following urgent actions:  Steer priorities, investments and financial incentives away from additional hydroelectric projects and towards energy efficiency and truly sustainable renewable energy options (solar, wind and biomass and, when appropriate, micro-hydro). Special attention should be given to opportunities for technological innovation, decentralized generation and improving energy access among isolated, off-grid communities. Eliminate financial incentives for new hydroelectric projects within climate change mechanisms, such as the Green Climate Fund and Nationally Determined Contributions, and within programs to promote implementation of the UN Sustainable Development Goals (with the possible exception of micro-hydro projects). Commission independent audits of controversial existing dam projects and basin-wide cascades in terms of their social and environmental consequences, identifying steps to mitigate impacts and ensure just reparations for affected communities, based on direct consultations. When such measures are prohibitively expensive or otherwise inviable, the de-commissioning of dam projects should be promoted.  Ensure the alignment of operational procedures for existing hydroprojects with relevant territorial plans at the basin level, such as integrated water resource management and protected areas that ensure key ecological processes and the rights of local communities, based on the concepts and tools of participatory, adaptive management. Ensure that renewable energy policies and projects adopt, across the board, robust guidelines to safeguard human rights and environmental protections, such as ILO Convention 169 and the UN Principles on Business and Human Rights. No energy facilities that potentially impact the territories and livelihoods of indigenous peoples and other traditional communities should be authorized without obtaining the free, prior and informed consent of the community and ensuring the cooperative design of co-management strategies. Among the benefits of such a paradigm shift in energy strategies and development planning will be major contributions toward protecting the world’s last free-flowing rivers, vital for climate resiliency, biodiversity conservation and sustainable livelihoods.  Energy companies and governments must halt all efforts to dam the world’s remaining free-flowing rivers and concentrate instead on: i) improving efficiency and the sustainability of existing hydropower projects and cascades; and ii) investing in energy efficiency and truly sustainable renewables.  Moreover, governments must urgently promote the permanent legal protection of the world’s last free-flowing rivers, including transboundary watercourses, with due respect for the territorial rights of indigenous peoples and other traditional communities, who play fundamental roles as the guardians of healthy rivers. Read the Full Statement Here

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Freshwater Sources, Human Rights

Conserving our water, drop by drop

Water is powerful. Even the idea of not having it in our daily life disturbs us. Yet we so often take it for granted. Many of us believe it will flow indefinitely, without having to do anything to guarantee its presence. As if to prove how wrong we are, reality has been hitting us harder and more frequently.   In 2016, Bolivia suffered its worst drought in 25 years. Water scarcity affected five of the country’s nine departments, and a national emergency was declared. In the city of La Paz, seat of the federal government, the water cut-offs employed to confront the crisis led to some people having to subsist up to two days on only 50 liters of water. Bolivia isn’t an isolated case. Since 2010, central Chile has been experienced a mega-drought that is far from ending. And in 2018, the drought in Central America caused severe crop losses, putting the food of millions of people at risk. The causes of water shortages Water scarcity in Bolivia and other countries have common causes, problems that we must confront with urgency, such as: Climate change. Latin America is one of the world’s most vulnerable regions to climate change, which intensifies the water cycle, meaning the driest regions of the world are becoming even drier. Lack of long-term policies. Population growth has not been accompanied by policies for the more efficient use of water, or the better conservation of its sources. Inadequate water management. The management of water resources has not considered the growing demand on all sectors, the protection of natural sources, or the use of traditional and indigenous knowledge for conservation. Damages from extractive projects. An increase in mining activity in the region is contaminating rivers and using large quantities of water; fracking does as well. Large dams irreversibly damage important water basins. No culture of conservation. The growth of cities and the consequent growth of water consumption have not come accompanied with an increase in responsible citizenry. Best practices for water conservation It’s expected that the gap between water supply and demand in cities will reach 40 percent by 2030, so we must work quickly to implement good water management practices, including the following: Recycling wastewater from sewage systems, agriculture and industry. The reuse of water requires less energy than desalinization (which produces more toxic waste than water); it is also sustainable and profitable. Adopting solutions that take advantage of the natural processes that regulate the water cycle. They could be applied on a personal scale (for example, a dry toilet), at the landscape level (conservation agriculture that minimizes soil disturbance and uses crop rotation), or in urban environments (green walls and rooftop gardens). Harvesting rainwater and implementing better systems to store it would help reduce the impacts of future droughts. Applying appropriate environmental impact assessments would prevent the authorization of projects that threaten to damage natural sources of water supply. Motivating a change of mentality in key actors—those responsible for public policies, the private sector and consumers—would guarantee the availability and sustainable management of water. Humanity needs water, and for this year’s World Water Day, celebrated March 22, we join the focus on “leaving no one behind.” At AIDA we understand that water is a human right. That’s why we work to defend the ecosystems that provide our water from the damages of inadequately implemented mega-projects.  

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Mining, Freshwater Sources, Human Rights

Organizations ask the UN to intervene in the protection of the Santurbán páramo, at risk from mining

They request that the United Nations Special Rapporteur on the Rights to Drinking Water and Sanitation prepare a report on the case, visit the site, and support the Colombian government in taking the necessary actions to protect the ecosystem, an important source of water for millions of people, from the dangers of mining. Bucaramanga, Colombia. Civil society organizations in Colombia sent a communique to Léo Heller, United Nations Special Rapporteur on the Rights to Drinking Water and Sanitation. In it, they warn that their rights are at serious risk in the face of proposed mining projects in or near the Santurbán páramo, a water source for more than 10 municipalities and 3 large cities. They request that the Rapporteur prepare a report on the case, visit the site, and support the Colombian government in protecting that ecosystem. Actions and omissions by the Colombian government have allowed the development of mining projects that threaten the availability and quality of water provided by the páramo. The government’s protection of the páramo did not include the entire ecosystem, leaving a part of it unprotected, and did not allow for public participation. As a result, the Constitutional Court ordered the government to redo the process of delimiting the páramo. The submission details: the process of defining the boundaries of the Santurbán páramo; the importance of that process for the environment and the enjoyment of the right to water in Colombia; the legal framework for the protection of páramos in the country; and the development of projects in or near the site. It also outlines associated environmental impacts or threats, including a decrease in the quality and quantity of water, contamination due to the use of explosives, a decrease in air quality, an increase in noise level, and the permanent loss of habitats. Likewise, the submission details the impacts of Investor State Dispute Settlement (ISDS) claims on governmental decisions to protect their water sources. Several mining companies have tried for more than 15 years to extract gold from the Santurbán páramo. Some of those are Canadian companies, who are currently using this arbitration process to demand hundreds of millions of dollars from the Colombian government in compensation for their “lost” profits. The organizations ask that the Rapporteur monitor the situation in the Santurbán páramo and urge the Colombian government to comply with its international obligations in relation to the right to water. Find more information on the case here.  press contacts: Alix Mancilla, Comité para la Defensa del Agua y el Páramo de Santurbán, [email protected], +57 311 2439273 (Spanish only) Carlos Lozano, AIDA, [email protected], +57 300 56 40 282 Carla García, CIEL, [email protected], +1 202 374 2550 Kirsten Francescone, MiningWatch Canada, [email protected], +14373459881 Kristen Genovese, SOMO, [email protected], +31 65 277 3272  

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Mining, Freshwater Sources, Accountability and Transparency

World Bank Arbitration Tribunal Refuses to Listen to Those Affected by Mining in Santurbán, Colombia

The World Bank’s International Center for Settlement of Investment Disputes (ICSID) has declined to accept an Amicus Curiae that was to be presented by the Committee for the Defense of Water and the Páramo of Santurbán and allied international organizations. Bucaramanga, Bogotá, Washington, Ottawa, Amsterdam. National and international civil society organizations rebuffed the International Centre for Settlement of Investment Disputes’ (ICSID) refusal to accept an Amicus Curiae within the process of the ongoing international arbitration brought forth by Canadian mining company Eco Oro Minerals Corp. against Colombia. The arbitration centre is hearing the ongoing international arbitration put forth by the Canadian company in question against the Andean nation. The company is attempting to pursue its Angostura gold mining project in the Santurbán páramo, located in the northeast of the country. The arbitration questions the decisions taken by the Colombian State to protect its páramos, high mountain wetlands that are a natural source of water for 70% of its inhabitants. The arbitration is being heard at the ICSID, an organization dependent on the World Bank that is in charge of the resolution of disputes between investors and States. Colombia could be condemned to pay $746 million US dollars, an unprecedented sanction for the country. “At a time when Latin American countries are embracing the principles of environmental democracy with the adoption of the Escazú Agreement, ICSID is going in the opposite direction. It is regrettable that in the midst of the regional movement for transparency and participation, ICSID has opted to constrict itself even more. In doing so, it is only generating more anger and distrust, not only in the face of this mechanism, but also in the face of the whole system of Investor-State Arbitration worldwide,” stated Carla García Zendejas, Senior Attorney at the Center for International Environmental Law (CIEL). “The communities affected by mining in Santurbán have to be heard and can provide crucial elements for the case,” said Carlos Lozano, Senior AIDA Attorney. The organizations consider that the Committee for the Defense of Water and the Páramo of Santurbán has a significant interest in the outcome of the process and that they could have provided expertise to the arbitration tribunal, which would have been helpful for a better decision in the case. In the same way, they urge ICSID to expand citizen participation and make its decision-making processes more transparent. This is transcendental for the public interest of the countries whose governments are subject to its jurisdiction. Find more information on the case here.  PRESS CONTACTS: Alix Mancilla, Comité para la Defensa del Agua y el Páramo de Santurbán, [email protected], +57 311 2439273 Carla García Zendejas, CIEL, [email protected], +1 202 374 2550 Carlos Lozano Acosta, AIDA, [email protected], +57 300 56 40 282 Kirsten Francescone, MiningWatch Canada, [email protected], +14373459881 Kristen Genovese, SOMO, [email protected], +31 65 277 3272, Manuel Perez Rocha, Institute for Policy Studies, [email protected] +1 240 838 6623  

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Coral reefs, Freshwater Sources, Climate Change

Putting my heart in the conservation of wetlands

Coral reefs are my favorite wetlands. They’re full of so many colors and shapes, and simply teeming with life. When I’m underwater, my heart is full of peace and excitement, as I see myself surrounded by so many forms of life, so many species living together. As a marine biologist, I’ve had the opportunity to scuba dive in a variety of countries and see many of these beautiful ecosystems up close. Of all my dives, the ones I enjoyed most were those I did—for work and for pleasure—in the Bay Islands of Honduras. As a recent college graduate and volunteer with the Atlantic and Gulf Rapid Reef Assessment Program, I was in charge of monitoring the countless organisms that live in or on the reefs—seaweed, sea urchins, lobsters, queen snails, and so many others. Without a doubt, my time diving in the Cayos Cochinos sparked my personal and professional journey. Since then, I’ve set out to protect these magical ecosystems, vital to all life this planet. My current role, as scientific advisor to AIDA, uses science to strengthen the legal arguments employed to protect these and other at-risk natural environments in Latin America. Wetlands, vital and at-risk In addition to coral reefs, wetlands—characterized by the presence of water—include lakes and rivers, underground aquifers, swamps and marshes, grasslands, peat bogs, estuaries and deltas, mangroves, and sea grasses. Wetlands act as the “kidneys” of the planet because they recycle water and waste, retain sediment and nutrients, reduce erosion, and absorb carbon dioxide from the atmosphere, in turn mitigating climate change. However, it’s estimated that since 1700 we’ve lost nearly 87 percent of our wetlands at a speed three times greater than the loss of our natural forests. This has caused a drastic reduction in biodiversity, affecting 81 percent of continental species and 36 percent of marine and coastal species. Among the greatest threats to our wetlands are contamination by garbage, wastewater and industrial pollution; changes in land use; agricultural runoff, erosion and climate change. What’s more, global warming is increasing the temperature of the oceans, raising sea levels, and melting the poles. According to the Intergovernmental Panel on Climate Change, an increase of 1.5°C in global temperature could kill almost 90 percent of the world’s coral reefs—an irreversible and heartbreaking loss. Taking action to save wetlands Given this frightening global scenario, urgent action is required to protect our planet’s wetlands. In fact, there are many ways we can begin to do so immediately, such as: Creating restoration campaigns for vital ecosystems like mangroves and coral reefs. Declaring natural protected areas, to conserve wetlands and the species that depend on them. Developing policies that allow for the rational use of wetlands, where conservation is prioritized. Prohibiting the destruction of these ecosystems in any type of project, be it tourism, development or infrastructure. Establishing water treatment plans to prevent drainage and runoff from contaminating wetlands. Every year, on February 2, we celebrate World Wetlands Day, commemorating the signing of the Ramsar Convention, the only intergovernmental treaty for the conservation and rational use of our planet’s wetlands. This year’s celebration is focused on wetlands and climate change, inviting us all to reflect on the value of our wetlands, the critical services they provide, and urgency with which we must protect them. We are not powerless in the face of climate change. Saving our wetlands may just be the first step toward saving our planet, and ourselves.  

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Coral reefs, Freshwater Sources

Protecting Wetlands: A Ramsar Infographic

Wetlands worldwide are at threat due to changes in land use, pollution and unsustainable development. The Ramsar Convention is an intergovernmental treaty that works to protect wetlands across international borders, and advocates for their wise use. This infographic breaks down why wetlands are so important, and how the application of the Ramsar Convention can help us protect these sensitive and vital ecosystems.  

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Fracking, Mining, Freshwater Sources

What motivates us to preserve our freshwater sources?

The professionals of AIDA’s freshwater program defend one of Earth’s most precious resources—water. The earth provides us with water in many ways, and the ways those water sources are threatened are just as widespread—but chief among them are extractive activities like mining and fracking. At AIDA, we understand the risks and we won’t let our guard down. Learn more about what motivates us to care for our greatest life source!   “WITHOUT WATER, THERE IS NO FUTURE.” Carlos Lozano Acosta, Senior Attorney “Water is a life force not just in nature, but in our societies as well. It is a distinct characteristic of our experience on the planet. Cultures, economies and ecosystems depend on water and, for that reason, there is no future for us on this planet without it.” As a child, Carlos and his family used go for hikes near his father’s farm, on the outskirts of a páramo—a unique high altitude wetland that captures moisture from the fog and sends water to lower elevations via streams. Since those early days, Carlos has understood that páramos are vital to the water supply in his native Colombia. “I GREW UP WITH THE IDEA THAT CLEAN WATER IS A RIGHT, NOT A PRIVILEGE.” Claudia Velarde, Legal Advisor “What motivates me to care for our water sources is life itself. Clean water is an indispensable resource, a common good and a basic human right; the reproduction of our life systems is not possible without it. I grew up with the idea that clean water is a right, not a privilege.” Claudia was born in Cochabamba, Bolivia, a city whose name in the indigenous Quechua language means “the plain of lakes.” Despite its name, the city has suffered from decades of drought and water scarcity. Cochabamba is infamous for the Water War of 2000, during which residents flooded the streets to defend their water from privatization. Claudia grew up in that context and, like many women from Cochabamba, she has a strong connection to water and its inherent value. “MY STRONGEST MOTIVATION IS AN AWARENESS THAT THE HEALTH OF EARTH’S ECOSYSTEMS DEPENDS ON FUNCTIONING WATER FLOWS.” Andres Angel, Scientific Advisor “My strongest motivation is an awareness that the health of Earth’s ecosystems depends in large part on functioning surface and subterranean water flows. Understanding that our economic activities have the potential to irreversibly disrupt those flows is to realize the urgent need to protect the sources and quality of water throughout the Americas.” It wasn’t easy for Andres to study geology, a career that often promotes extractivism. His principal motivation was to understand the conflicts and socio-ecological dangers caused by mining and fossil fuel exploitation in his country, Colombia. Understanding those impacts to be perpetual, Andres decided to devote his professional life to questioning the development model and providing alternatives. “TO PROTECT WATER IS TO DEFEND THE SOURCE AND MEANING OF LIFE.” Juana Hofman, Legal Coordinator for the Network for Environmental Justice in Colombia “Life is what motivates me. To protect freshwater ecosystems and the people that depend on them is to defend the source and meaning of life. I’m motivated by a deep respect for ecosystems, because I feel a part of them, and they need protection. I’m motivated by the frailejones, ancient plants that serve as water factories, and by the mountains, vast landscapes that have sheltered me since my birth. It is their strength and beauty that allow us to truly live.” Juana was born in a small town in the mountains of Colombia. When she was a child, her father taught her of the greatness of the oak trees, which for Juana came to signify strength and wisdom. Ever since, her life has been deeply linked to the mountains, rivers, and páramos of Colombia.  

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Large Dams, Indigenous Rights, Freshwater Sources

In Xingu management plan, Brazil leaves communities without water

The proposed Xingu River management plan puts at risk the people, plants and animals of the Amazon region. AIDA requested that the Inter-American Commission on Human Rights urge Brazil to stop the plan and establish a socially and environmentally appropriate alternative. Washington, D.C. and Altamira, Brazil. By authorizing the construction of the Belo Monte Dam in the heart of the Amazon, the Brazilian government endorsed a management plan for the flow of the Xingu River that would leave the indigenous and riverine communities of the area without the water they need to survive. The plan is in a testing phase but is expected to be implemented next year, once all the turbines of the hydroelectric plant are installed. The Interamerican Association of Environment Defense (AIDA) sent a report to the Inter-American Commission on Human Rights detailing the serious socio-environmental risks of the plan. In it, we requested that the Commission urge Brazil to stop the plan’s implementation and create an alternative plan that guarantees biodiversity and protects the communities’ ways of life. “The authorized plan for the management of the river’s flow threatens the existence of indigenous and riverine communities, and places at risk of extinction the fish and the forests—natural resources on which the physical and cultural lives of the communities depend,” said Liliana Ávila, Senior AIDA Attorney. The plan, called a consensual hydrogram, establishes the volume of water that will pass through a specific part of the river, called the Vuelta Grande, and the part that will be diverted for energy production. It is intended to artificially reproduce the natural flow of the river in times of flood and drought. Norte Energía, the consortium in charge of the dam, proposes an average minimum flow rate of 4,000 cubic meters per second over the course of a year, and 8,000 cubic meters per second for the following year, beginning in 2019. It proposes a minimum flow rate of 700 cubic meters per second for the dry season. The report sent to the Commission, however, details scientific and social evidence that demonstrates that these water levels are significantly lower than the historical river flow and do not guarantee that fish and alluvial forests can survive the proposed reduction in the short- and medium-term. The evidence—which includes information from both the Brazilian Institute of the Environment and Renewable Natural Resources and community monitoring—also shows that some aquatic species, such as chelonians, can only feed and reproduce with minimum flows of 13,000 cubic meters per second in times of flooding, and that the volume proposed for the dry season could make the river unnavigable. “The management plan did not take into account the monitoring done by the Juruna people in collaboration with the Federal University of the State of Pará and the Socio-environmental Institute (ISA),” said AIDA attorney Marcella Ribeiro. “In 2016, with water levels higher than those proposed, communities were already reporting the mass die-off of fish.” AIDA sent the report to the Commission as part of a formal complaint against the Brazilian State for the human rights violations caused by the dam’s construction. In May, together with partner organizations, we presented our final arguments in the case, evidencing damages already caused, including the forced displacement of indigenous and riverine communities, the massive death of fish, differentiated damages to men and women, and threats to the survival of the communities. Find more information on the case here. press contacts Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Isabel Harari (Brazil), ISA, [email protected], +5561998261213  

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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  

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