Freshwater Sources

Freshwater Sources, Mining, Public Participation

Remembering Robert Moran

It is with great sadness that we share news about the passing of Dr. Robert E. Moran, a distinguished hydrogeologist who was an immense resource in furthering environmental protection globally and a dedicated partner to AIDA. He died May 15 in a car accident while vacationing in Ireland. With over 45 years of experience in water quality monitoring, geochemical, and hydrological work, Dr. Moran was invaluable in the fight for clean water and responsible mining worldwide. His work as an expert on the environmental impacts of mining led him to collaborate with a wide range of actors, from non-governmental organizations and indigenous communities, to private sector and government clients. He was an admirable scientist and a strong defender of environmental rights. Some of Dr. Moran's recent projects in Latin America included: a review of technical issues at the Veladero gold mine in Argentina following a toxic cyanide spill; providing assistance and training to Colombian government officials on coal mine inspection and water quality monitoring; and preparing reports evaluating the environmental impact statements of the Minero Progreso Derivada II project in La Puya, Guatemala.  Dr. Moran also conducted reviews of mining operations and their impacts in Peru, Bolivia, Colombia, and Honduras, as well as in Africa, Europe, Central Asia, the Middle East, and the United States. He dedicated his life to helping others understand and better evaluate the true costs of mining activities. Dr. Moran will be sorely missed by many in the environmental movement and people everywhere whom his life touched.   We honor and thank him for all of his magnificent work to defend our planet.

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Parque Nacional Palo Verde, provincia Gunacaste, Costa Rica
Capacity Building, Freshwater Sources

Costa Rica launches wetlands protection policy

On March 6, Costa Rica’s rivers, lakes, mangroves and other wetlands became better protected when the government launched its first national policy for their sustainable management. The National Wetlands Policy (2017-2030) was created to preserve and revitalize the nation’s wetlands and the great biodiversity they house. The Ministry of the Environment, the National System of Conservation Areas, and the United Nations Development Program created the historic public policy instrument over the last year and a half. AIDA helped develop the policy, providing comments based on international environmental law. We drew from our experience helping Mexico craft its own wetlands policy in 2014. “We sought to ensure that the National Wetlands Policy was in alignment with Costa Rica’s obligations under the Ramsar Convention, an intergovernmental treaty that states all countries should have a wetlands policy and provides governments with assistance protecting wetlands in their territory,” explained Gladys Martínez, senior attorney with AIDA’s Marine Biodiversity and Coastal Protection Program. Costa Rica’s Organic Law of the Environment defines wetlands as ecosystems that depend on both sweet and brackish water, are natural or artificial, and which can be permanent or temporary. Therefore, wetlands are not just bodies of water like rivers and lakes; they’re also marshes, mangroves, flood plains, and coral reefs, among others. “In Costa Rica we have thousands of wetlands that represent roughly seven percent of the national territory,” stated Edgar Gutiérrez, the Minister of Environment and Energy, in a statement released to mark the launch of the policy. “This policy will help improve the governance and protection of these resources, paying off a historic debt to our vital ecosystems.” Five main components The policy’s action plan is based on five strategic themes: Conservation of wetlands, their goods and services: Avoid future losses of wetlands and mitigate factors that endanger their health and wellbeing. It also proposes the creation of a National Inventory of Wetlands. Climate adaptation and rational use: Identify which wetlands are the most vulnerable to climate change and to carry out mitigation actions. Ecological rehabilitation: Once vulnerable wetlands are identified, recovery actions will be planned. Strengthening institutional support for adequate management: Better coordination and communication between the entities in charge of the management and conservation of wetlands. Inclusive participation: Citizens should be involved and participate actively in wetland-conservation processes. Community consultation It’s particularly important to celebrate the participatory nature of the policy. Many Costa Ricans base their lives and livelihoods on the health of wetlands and other natural environments. Now, instead of removing the public from decision-making, the government officially recognizes the importance of consultation. “The most important aspect of the policy is that, in addition to complying with the Ramsar Convention, the government is also complying with other international conventions that promote consultation,” Martínez explained. Costa Rica’s new policy represents a significant advance in defense of the environment. It shows the region that progressive environmental policies are possible. At AIDA we’re happy to say “Pura Vida!” to the wetlands. We hope more countries will join in their protection. 

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Freshwater Sources, Toxic Pollution

Tárcoles: The most contaminated river in Central America

The sun rises slowly over the Rio Grande de Tárcoles. Guacamayas rest on treetops, and crocodiles laze upon the shore.    Hundreds of tourists stop to photograph this beautiful moment when, suddenly, a hunk of garbage floats by.    This is life on the Tárcoles, the most polluted river not just in Costa Rica but also in all of Central America. While the country has made great strides in moving beyond fossil fuels for power generation, there is still much to be done in terms of waste management.  The source of pollution There are two main reasons for the excessive contamination of the large river: increasing urbanization and government bureaucracy.    Within the river’s enormous span—which covers 4.2 percent of the Costa Rican territory—flows all the dirty water of the small nation’s Greater Metropolitan Area.    In 2012, the State of the Nation report revealed that 96 percent of the country’s wastewater was untreated before entering the river. The Tárcoles suffers the consequences of this deficiency.    The river is used as a city sewer, receiving the equivalent of 100 Olympic swimming pools of untreated water, according to the Institute of Aqueducts and Sewers. Its waters have been victim to antiquated laws that have for years favored economic activity above the river’s health.   Despite an established fine for discharging wastewater and pollutants into the river, enforcement is not respected. As a result, the number of illegal spills of dirty water, tech waste, and garbage into the Tárcoles remains unchanged.    Thanks to all of this, the National University’s environmental analysis laboratory estimated that if more effective measures were not adopted by the year 2040, the river’s recovery would be impossible.   The river has been saturated with pollution, reaching the critical situation we find it in today.    Environmental wealth at risk Despite the heavy pollution, the biological wealth at the mouth of the Tárcoles River is extraordinary. In its waters lives the largest American crocodile population in the country and around 50 species of birds.  The river feeds the Guacalillo mangroves, home to a huge variety of animals, and four of the five species of mangrove in Costa Rica.    This rich ecosystem also contributes to fishing and tourism for the subsistence of local communities, who pride themselves on its natural beauty.  What’s been done and what’s left to do Efforts have been made to mitigate the impact of pollution on the river and to rescue its great biodiversity.    The Los Tajos water treatment plant was designed to clean 20 percent of the waters that reach the Tárcoles. Isolated citizens’ cleaning campaigns have also made an impressive impact.    In 2007, a cleanup of the river removed approximately 1,000 tires from its waters. This spurred the government to issue a decree favoring local communities, with the intention of guaranteeing their right to a healthy environment.    The decree recognizes the biological importance of the river and the deterioration it has suffered. It created the Comprehensive Management Commission for the Rio Grande de Tárcoles Basin to plan sustainable ways to protect the river.    These responses are steps in the right direction. However, more significant actions are needed to ensure the full recovery of the Tárcoles, before the damage becomes irreparable.   The Commission has thus far been unable to mitigate pollution significantly. It needs better organization and more resources. The Commission should be involving local communities and carrying out massive cleanups in the river basin.    The Institute of Aqueducts and Sewers must act efficiently to treat wastewater properly, prevent illegal spills, clean the river to restore the health of this sick giant, and control all water entering the river.    The challenge is great, but the natural beauty of the river basin makes it a worthwhile effort. 

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Mining, Freshwater Sources

The Santurbán páramo: Closer to the sky

By Laura Yaniz The International Finance Corporation, part of the World Bank Group, said “No” to the Angostura mining project in Colombia’s Santurbán páramo. What does this decision mean? It’s one step closer to the protection of this priceless ecosytem.  In Santurbán, the rocks become guardians of mirrors of water that reflect the sky. Frailejones stand watch over the remains of glaciers. Condors gaze down upon tiny visitors. The world sits closer to the sky. Santurbán is a páramo, an ecosystem only found high in the Andes Mountains. The Canadian company Eco Oro Mineral has set their sights on these lands because, as rich as they are in water, they are rich too in minerals. The IFC had invested in the company’s Angostura mining project but, at the end of 2016, they made the wise decision to withdraw that investment. It was an important victory in the ongoing fight to save Santurbán, the water source of millions of Colombians. But what exactly would be saved? And what is the allure of Santurbán? Alberto Peña Kay, a local hiker and photographer, speaks through the images he captures of the many reasons this unique ecosystem must be protected: Frailejones (espeletias) are endemic plants that, because of the extreme conditions of the high-Andean climate, have uniquely adapted to protect themselves from the cold, the high levels of UV radiation, and the lack of nutrients. Their succulent leaves absorb water from the clouds, which they then store in their trunk. Some of these plants grow just one centimeter a year.  “When I first came to this páramo and photographed it, I knew I had to keep coming back. This place inspired my passion for photography.” “Many don’t see this place as I do; they look upon it with economic eyes, eyes set on mining and extraction.”  “At our best, we see the potential here, and recognize that it’s something we can’t lose. There are so many reasons to conserve these lands.” Why? "First, it’s my department, the great Santander.  Second, the biodiversity: here live icons like the condor, the puma and the frailejone. Third, this páramo supplies water to more than half of the people who live in Santander and Northern Santander.” "[In Santurbán], I realized I could get closer to the sky." Really, Santurbán speaks for itself. We must save this piece of heaven on Earth, it's well worth the fight! 

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Mining, Freshwater Sources

World Bank divests from Eco Oro Minerals and mining project in Colombian Páramo

In an important step for the protection of Colombia’s páramos, the International Finance Corporation (IFC) – the private lending arm of the World Bank – has decided to divest from Canadian mining company Eco Oro Minerals. The company’s Angostura gold mining project is located in the Santurbán Páramo, a protected ecosystem that provides water to millions of people.  Bogota, Washington, Ottawa, Amsterdam. The International Finance Corporation (IFC), private lending arm of the World Bank Group, has decided to divest from Canadian company Eco Oro Minerals. The company’s Angostura mine is located in Colombia’s Santurbán Páramo, a protected high-altitude ecosystem that provides water to millions of people. Colombian law prohibits mining in páramos. "We applaud the Bank’s decision to side with the Committee for the Defense of Water and the  Santurbán Páramo regarding the inviability of mining in the páramo," said Alix Mancilla, representative of the Committee. "We now call on the Colombian government to abstain from issuing environmental permits to any mining project which may affect Santurbán." "The IFC’s divestment is a serious political and financial blow to mining in the Santurbán páramo," said Carlos Lozano Acosta of the Interamerican Association for Environmental Defense (AIDA). "The Colombian government must now reflect on its lenient approach to large scale mining in páramos, which is illegal under national law." The IFC’s decision comes after a report issued by the Office of the Compliance Advisor Ombudsman (CAO), an independent accountability mechanism, which found that the IFC's investment did not adequately consider the environmental and social impacts of the project, breaching the financial institution's internal policies. The report was developed in response to a complaint the Committee filed before the CAO in 2012, with support from the international organizations included herein. "After intense public pressure, the IFC finally got the message and, by divesting, amplifies it further. The decision to divest strengthens the Colombian State’s ability to protect water and regulate in the public interest. We applaud this decision by the IFC, which will have an impact on Colombians everywhere," affirmed Carla Garcia Zendejas of the Center for International Environmental Law (CIEL). The IFC's decision occurs in the context of Eco Oro’s announcement that it has initiated international arbitration against Colombia, under the terms of the Canada-Colombia Free Trade Agreement at the International Centre for Settlement of Investment Disputes (ICSID), part of the World Bank. The company is filing the suit over the State’s measures to protect Colombia’s páramos. "Eco Oro Minerals' interest in Colombia is no longer about mining. Rather, it is about extorting a sovereign government for millions in taxpayer dollars and exerting pressure to weaken protections for water in Colombia. The IFC’s divestment not only extricates the Bank from a clear conflict of interest, but also highlights the presence of ill-advised mining projects in the Colombian páramo and the illegitimacy of the suit," added Garcia Zendejas of CIEL.

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Mining, Freshwater Sources

Civil society urges World Bank to withdraw funding from Colombian mining project

Organizations argue that the International Finance Corporation invested in a gold mine without taking into account potential environmental impacts, thereby failing to comply with its own investment standards. The proposed mine threatens Colombia’s Santurbán Páramo, a high-Andean ecosystem that provides water to millions of people. Washington, DC.  A coalition of civil society organizations met at World Bank headquarters yesterday to demand that the International Finance Corporation (IFC), a member of the World Bank Group, withdraw its investment in the Angostura mine. The proposed gold-mining project would be located in Colombia’s Santurbán Páramo, a high-Andean ecosystem that supplies drinking water to more than two million people. The organizations also delivered a petition, signed by thousands of people from throughout the Americas, calling on IFC to withdraw its investment immediately. To present their demand, the organizations met with representatives of the IFC. They are also meeting with members of Congress and representatives of the US Department of State to discuss the situation in the Santurbán páramo and the risks its defenders face. The Committee for the Defense of Water and Páramo of Santurbán led the coalition, with support from the Center for International Environmental Law (CIEL), the Interamerican Association of Environmental Defense (AIDA), the Center for Research on Multinational Corporations (SOMO), and Mining Watch Canada.  The demand presented yesterday tops off an important year in the fight to defend Santurbán. In March, the Canadian company developing the mine, Eco Oro, announced its intention to file an international arbitration suit against the Colombian government. In February Colombia’s Constitutional Court issued a ruling that bans all oil, mining, and gas operations in the country’s páramos. In August, an independent investigation undertaken by IFC’s internal watchdog, the Compliance Advisor Ombudsman, found that the investment in Angostura did not take into account the project’s potential environmental impacts, thus failing to comply with IFC’s own investment standards.  The investigation was triggered by a complaint filed by the Committee and supported by the international organizations.   

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Freshwater Sources, Climate Change

Six Colombian Wetlands of Global Importance

Colombia is blessed with sweeping mountaintops, rich jungles, and rivers that curve through the heart of it all. The country has three mountain chains, fertile volcanic soils, half of the world’s páramos (high-altitude wetlands), an equatorial climate with constant high temperatures, the Amazon forest, and the waters of the Caribbean Sea and Pacific Ocean. Colombia is first in the world in diversity of birds and orchids, second in plants and amphibians, third in reptiles and palms, and fourth in mammals. To this I would add a long and diverse et cetera. Colombia’s environmental heritage includes six Wetlands of International Importance listed under the Ramsar Convention, a treaty that protects these environments. Their listing indicates their value not only for Colombia, but also for humanity. Where are they? Why are they important? What dangers do they face? 1. Ciénaga Grande de Santa Marta, Magdalena River Delta Estuary System. In the department of Magdalena, the Ciénaga Grande de Santa Marta is Colombia’s largest wetland lagoon. Here the fresh water of the Magdalena River mixes with the salty waters of the Caribbean Sea. It’s a refuge for both migratory and endemic birds. It’s in danger due to infrastructure projects including 27 kilometers of dikes, the burning and clearing of plant life, and drought. AIDA has worked with two Colombia universities to advocate for the protection of the Ciénaga before the Ramsar Secretriat. 2. Chingaza Wetlands System. The Chingaza system of lagoons and páramos hosts many species of endangered plants and animals, such as the spectacled bear and the frailejón, a succulent shrub in the sunflower family. It also serves as a refuge for migratory birds. According to the Humboldt Institute, the Chingaza páramo provides 80 percent of Bogotá’s drinking water. At AIDA, we advocate for the protection of the páramos, unique ecosystems that cover just 1.7 percent of Colombia’s continental territory but provide more than 70 percent of the nation’s drinking water. 3. Otún Lagoon Wetlands Complex. The Otún Lagoon Complex in Los Nevados National Park, in the Central Cordillera of the Colombian Andes, includes interconnected lakes, bogs, marshes, glaciers, and páramos. The area supports 52 species of birds, many of them endangered. The livestock industry, litter, forest fires, invasive species, and illegal tourism activities all threaten the area. 4.  Baudó River Delta. Originating in the Serranía del Baudó, the Baudó River runs 180 kilometers through the department of Chocó and empties into the Pacific Ocean. A relatively short river, the Baudó swells from the region’s abundant rains and flows powerfully into the Pacific. The river delta’s main threats include indiscriminate mangrove removal and overfishing. 5.  Estrella Fluvial del Inírida Wetlands Complex. This complex of wetlands occupies a transition zone between the Orinoco and Amazon regions, close to the sacred indigenous site of Cerro de Mavicure. According to the Ministry of Environment, the area is home to 903 species of plants, 200 species of mammals, and 40 species of amphibians. Critically endangered species, including otters, jaguars, and pink dolphins, struggle to survive there. These wetlands face threats from the illegal mining of coltan and gold, and the accompanying mercury discharge. The buffer zone also suffers from cultivation of drug crops, the livestock industry, and deforestation. 6. La Cocha Lagoon. In the indigenous language of Quechua, cocha means lagoon. In the Department of Nariño, 2,800 meters above sea level, sits Colombia’s second-largest lagoon. On its banks live fishermen, farmers, and descendants of the indigenous Quillacinga people. Tourists come to spot unique plant and animal species on the small island of La Corota. The livestock industry, intensive agriculture, deforestation, and erosion threaten the lagoon. Valuable Characteristics The Ramsar Convention protects these sites because of their fundamental role in both regulating water cycles and providing habitat for unique plants and animals, particularly aquatic birds. Ramsar also recognizes the wetlands as important sources of fresh water, which recharge aquifers. They even mitigate climate change. The Convention calls worldwide attention to these wetlands, which have “great economic, cultural, scientific and recreational value, whose loss would be irreparable.” Despite their tremendous value, Colombia’s wetlands face a growing number of threats: overexploitation, water loss, burning, deforestation, toxic contamination, large-scale mining, large-scale agriculture, roads that disrupt the natural water cycle, and climate change, among others. In recent years, they’ve been featured in some of Colombia’s most emblematic films, including El Abrazo de la Serpiente (Estrella Fluvial del Indira) and La Sirga (Cocha Lake). It is our moral and social duty—under international environmental law and the Ramsar Convention—to care for the delicate richness of the wetlands that we are so fortunate to have in our diverse little corner of South America. 

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Freshwater Sources, Mining

New law banning mining in Colombia’s páramos could draw its first lawsuit

The new law that bans mining in Colombia’s páramos took years to materialize, and was the product of multiple activist campaigns, lawsuits, and pressure from civil society to preserve one of the world’s most sensitive ecosystems. Last month, Colombia’s Constitutional Court approved a law that has no precent. It bans mining and oil exploitation –effectively blocking 473 already-existing concessions– in the country’s páramos. The law is expected to impact more than 300 mining operations in 25 moorlands, according to data from the National Authority of Environmental Licenses (ANLA). One of those companies is the Canadian transnational, Eco Oro. Its Angostura mine is located within the Santurbán moorland, in the Norte de Santander and Santander departments, within an area larger than 142,000 hectares. Santurbán includes five regional parks and a variety of species in danger of extinction, such as the condor (Vultur gryphus), the chirriador (Cisttothorus apollinari), the moorland duck (Anas flavirostris) and the curí (Cavia porcellus). On its website, the company has announced that it is “developing a multi-million ounce gold-silver deposit in Colombia.” Eco Oro has already completed more than 350,000 meters of drilling and 3,000 meters of underground development, thanks to an investment by the International Financing Corporation of the World Bank.  Juan Orduz, president of Eco Oro’s board of directors, said back in 2014 –before the law was approved– that the company “has invested more than 240 million dollars in the region.”“It’s no secret that we’ve had many challenges and that we will keep having them. There’s always a new source of conflict, and even then, we’re going to keep coming up with strategies to keep working in this area,” said Orduz back then, when the demarcations for mining in Colombia’s páramos were an issue of conflict. In a recent press release, Eco Oro announced that it has the option of bringing the dispute to international arbitration and seeking “monetary compensation for the damages suffered” due to the new anti-mining law. “Since the Angostura project got underway, it has been clear that páramos are constitutionally and legally protected and that this project could affect Santurbán, such that it might not be authorized,” said Carlos Lozano Acosta, an attorney with the Interamerican Association for Environmental Defense (AIDA). “States should not be sanctioned for protecting their water sources, given that they are doing so in accordance with national and international obligations.” According to data from the Institute of Biological Research Alexander Von Humboldt, half of the world’s páramos are in Colombia and are the source of 70% of the fresh water in the country, besides being an ecosystem essential for mitigating climate change. Their importance is especially acute right now, since Colombia is facing the El Niño climate phenomenon and going through one of the worst droughts in its history. Eco Oro’s critics explain that five years ago, Colombia’s Environment Ministry had denied the Angostura mine its environmental license. And now, the decision of the Constitutional Court reaffirms that decision, “finding that the right to water and the protection of the páramos (moorlands) takes precedent over the economic interests of companies trying to develop mining projects in these ecosystems.” That’s according to Miguel Ramos, from the Water Defense Committee and the Páramo of Santurbán (El Comité por la Defensa del Agua y el Páramo de Santurbán). The Committee has presented a complaint about the Angostura mining project to The World Bank, and hopes to receive a response in the next few months.

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Freshwater Sources, Mining, Toxic Pollution

Colombian court bans oil, gas and mining operations in paramos

Colombia’s Constitutional Court has ruled against a controversial legal loophole permitting oil, gas and mining operations in the country’s paramos - high altitude eco-systems. Colombia’s paramos are the most extensive on earth and supply more than 70% of the country’s population with water, according to the Bogota-based Alexander von Humboldt Institute. The loophole is in a June 2015 law implementing Colombia’s “National Development Plan 2014-2018.” The law prohibits “agricultural activities” and the “exploration for or exploitation of non-renewable natural resources”, as well as the “construction of oil and gas refineries”, in paramos, but then states that mining operations which have contracts and environmental licenses dating to before 9 February 2010, or oil and gas operations with contracts and licenses dating to before 16 June 2011, are exempted. This was challenged by four congressmen, three lawyers and 12 representatives from a coalition called the Cumbre Agraria, Campesina, Étnica y Popular, who argued that the loophole violates rights to the environment, water and Colombia’s patrimony because of the impacts oil, gas and mining operations would have on the paramos’ vegetation, soil, sub-soil and water. On 8 February the court’s ruling, which was made public on Thursday, deemed three paragraphs relating to the loophole in the June 2015 law “unconstitutional” - or “inexequible” in Colombian Spanish. “Paramo eco-systems exist in very few places in the world and Colombia is privileged to be the country that has the highest number of paramos globally,” senator Alberto Castillo, one of the plaintiffs, told the Guardian.“Because of this, we believe that the absolute ban on natural resource extraction that we now have in Colombia is of great magnitude and should delight the world.” “It’s a ruling that will make history,” says senator Iván Cepeda, another plaintiff. “The court went further than we hoped, without a doubt. [Mining and oil and gas operations in the paramos] is a serious abuse against natural resources, especially the fundamental right to water.” “The court’s ruling is a major advance in environmental matters,” Viviana Tacha, another plaintiff and an adviser to senator Castillo, told the Guardian. “No doubt about it, it’s a victory for the entire country and for the communities resisting the imposition of a development model based on natural resource extraction which fails to take into account the environment and local people. Given global concern about climate change, the protection of the paramos by the court is one of the most important recent decisions on environmental matters.” According to a communiqué by the court issued on 8 February, the offending three paragraphs “ignore the constitutional duty to protect areas of special ecological importance [and] put at risk the fundamental rights of the entire population to access good quality water.” The communiqué says the court arrived at its decision after “analyzing the state’s power to intervene in the economy and its duty to protect areas of special ecological importance, weighing them up against economic freedom and the rights of individuals to exploit the state’s resources.” It concluded that, in this case, the former overrides the latter for three reasons: 1) the current lack of protection of paramos; 2) the “fundamental role” played by paramos in regulating the country’s drinking water cycle and providing cheap, high-quality water to 70% of the population; and 3) the particular vulnerability of paramos due to their “relative isolation”, low temperatures and low oxygen levels. Carlos Lozano-Acosta, from the Interamerican Association for Environmental Defense (AIDA), told the Guardian the court’s decision is “historic” and sets an example to other countries in the Andean region where there are paramos. “The paramos [in Colombia] are vital because they’re a source of drinking water for 70% of Colombians, strategic reserves of biodiversity, and carbon sequesters,” he says. “The court acknowledged all that in the sentence.” An ‘amicus brief’ sent to the court and written by Lozano-Acosta together with the Bogota-based NGO Asociación Ambiente y Sociedad (AAS) argued that the loophole contradicts Colombia’s constitution, international environmental law, and international treaties signed by Colombia, such as the United Nations Framework Convention on Climate Change, the Convention on Biological Diversity and the Ramsar Convention. NGO Dejusticia, also based in Bogota, is another civil society organisation which sent an ‘amicus brief’ to the court, calling the crucial three paragraphs an “unjustified regression” because mining, oil and gas operations in paramos had already been banned back in 2010 and 2011. “Before [the June 2015] law, such activities were prohibited,” the NGO stated in an interview in Colombian newspaper El Espectador. “This means that the current National Development Plan is a step backwards in protecting the paramos.” That “regression” was acknowledged by the court in its ruling, which described the offending paragraphs as “reestablishing the possibility” of oil, gas and mining operations in paramos despite them being “prohibited by Laws 1382 in 2010 and 1450 in 2011.” “The paramos are key ecosystems and water sources which are insufficiently protected,” Dejusticia’s Diana Rodriguez told the Guardian. “We’re thrilled the court has taken a stand for their immediate protection and sent a message that economic development cannot sacrifice respect for the environment.” Just how big an impact the court’s ruling could or will have isn’t immediately clear. How many oil, gas or mining operations stand to be affected? In its interview with El Espectador, Dejusticia stated that the National Mining Agency (NMA) believes approximately 500 mining titles covering over 140,000 hectares of the paramos have been issued, while senator Castillo told the Guardian the NMA states there are currently 448 mining titles in paramos - 347 of which have environmental licences. “Taking into account that this is official information, which the court itself recognized, other sources have no basis in speaking of lower numbers,” Castillo says. “The three companies who have most mining titles in the paramos are AngloGold Ashanti Colombia S.A., Eco Oro Minerales Corp and Leytah Colombia.” Senator Cepeda told the Guardian the 448 mining titles include 26 of Colombia’s 32 paramos and extend for more than 118,000 hectares, “more than 11,000 of which are [also] affected by four oil and gas projects.” According to one media report, Environment Minister Gabriel Vallejo has said he will request a clarification from the court and believes that “other sources” say up to 522 titles could be affected. “There are very different estimates about the number of titles and even more confusion related to how many have environmental licenses,” says Dejusticia’s Rodriguez. “Indeed, some mining companies didn’t wait for the [court’s] full ruling [and] already announced that they will forego their mining concessions in the paramos.” Another question is how far Colombia’s paramos extend. Although the court’s ruling cites a 2011 Humboldt Institute publication stating there are 1.9 million hectares in Colombia, Humboldt’s Carlos Sarmiento told the Guardian their current estimate is 2.9 million hectares - 2.5% of national territory. That 2.9 million figure is also used by the Ministry of Environment and Sustainable Development. But what if the government disagrees that certain areas really are paramos, and permits oil, gas or mining operations to take place there anyway? As the court’s ruling acknowledges, the paragraph immediately preceding the three offending paragraphs in the June 2015 law states that ultimately it is the Environment Ministry which, according to its own “technical, environmental, social and economic criteria”, is responsible for “delimiting” paramos. And that paragraph wasn’t challenged by the plaintiffs. “The court’s decision could result ineffective given that that part of Article 174 wasn’t part of the lawsuit and Congress has given the Environment Ministry the function of delimiting paramos, and in doing that the Ministry isn’t subject to the scientific criteria established by the Alexander von Humboldt Institute,” the court ruled. “It would be possible for the Ministry to not delimit paramos, or exclude from delimitation, certain areas where mining or hydrocarbon operations are happening or are going to happen. That would nullify [our] decision because such operations could take place in areas that have been scientifically classified as paramos, but the Ministry has excluded.” AIDA’s Lozano-Acosta says that risk exists “without a doubt.” “But the court also said that the government mustn’t ignore the Humboldt Institute’s technical recommendations,” he told the Guardian. For senator Castillo, that risk only exists “if the Ministry doesn’t closely read the court’s sentence or doesn’t want to comply with it.” “In the court’s words, delimitation must ensure the maximum degree of protection,” Castillo says. “This is absolutely crucial given that what the government wants to do is reduce to the utmost the extent of the paramos via a very restricted delimitation process and thereby pave the way for exploitation. Dispute will continue in the delimitation of each paramo, but we will continue in their defence and the court’s sentence gives us many tools to do so.” According to senator Cepeda, the court’s ruling will lead to a “profound discussion about how paramos are delimited.” He told the Guardian that the plaintiffs, together with environmental organisations and others, intend to ensure the government abides by the court’s ruling and “will seek the suspension of more than 400 mining titles.” AAS’s Margarita Florez says the court’s ruling cannot be appealed. “The decision is a constitutional sentence and therefore it is binding on the government and must be complied with,” she told the Guardian. “There is no way to appeal it.” The court’s ruling cites various definitions of paramos, including “the highest and most exposed regions of tropical Andean mountain ranges” and “neotropical mountains between the upper limit of forest vegetation (3,200-3,800 ms above sea level) and the lower limit of perpetual snows (4,400-4,700 ms) in Andean systems.” It quotes the Humboldt Institute describing them as “key sites that “harvest” rainfall and snow water stored in glacial lakes, bogs, marshes and peat soils” that are “held for a relatively long period of time and released constantly and slowly.”

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Freshwater Sources, Human Rights

Water in Mexico: a human right, bottled

Mexico consumes 12 percent of the global volume of bottled water, highlighting the failures of the country’s water supply system and the violation of a basic human right. Nobody should be denied a glass of water. Serving your guests water is polite; it shows you have good manners and empathy for others. It is also, though not quite as obvious, an issue of human rights. In Mexico’s capital, until only recently, restaurants could deny a glass of water to their customers and require them to drink only bottled water. On one occasion, the owner of a gourmet pizzeria reacted furiously when she saw my boyfriend take out his own water bottle to take a pill. She told him it was prohibited to bring outside food and drink into her restaurant. Then, when we asked for a glass of water, she responded angrily: “We don’t give water away here, we sell it in bottles.” A circular business What you find being sold in supermarkets is not the water, but the bottle. In Mexico, the cost of the extraction and supply of water is relatively low, since almost the entire service is subsidized. According to the highest available rate, a glass of water costs seven cents (.007 Mexican pesos). For a bottle with the same quantity of water, the pizzeria charged $1.50 (28 pesos), seven times the supermarket price. The incident in the pizzeria occurred after the Legislative Assembly of Mexico City required food establishments to provide free glasses of water to customers who ask for it. But even after the legislative provision, I have often had to clarify that I want a glass of water, not a bottle. The waiters often warn me, “It’s filtered water,” reminding me of its unreliability. The dynamic behind this type of business has changed: they now buy large jugs of bottled water or spend money on filters, because in Mexico it’s well known that you never drink water directly from the tap. It’s an unspoken secret, almost popular belief, that tap water is dirty water. It’s common that even those of us who don’t buy bottled water have a filter in our homes. This belief emerged from the 1985 earthquake, when various pipes broke and drinking water mixed with sewage. Later, during a cholera epidemic in the 1990’s, the government promoted chlorinating or boiling the tap water. Yet no authority was responsible for the quality of the pipes through which the drinking water ran; water which, by definition, should be fit for human consumption. In contrast, Chile promotes three reliable water sources: chlorinated, boiled or taken from the tap.  In Mexico, the health threat coincided with the arrival of bottled water. What the companies promoted in those early years was confidence and security in the quality of their water. So, little by little, we went from boiling and chlorinating our water, to buying it in 20-liter jugs, to buying small plastic bottles that hold less than 250 ml of water. According to the International Bottled Water Association (IBWA), in 2014 Mexicans consumed 253 liters of bottled water per person. This compares to 94.3 liters per person in Europe (where public drinking fountains are commonplace) and 37 liters per person globally. Mexico consumes 12 percent of the world’s total volume of bottled water. The World Bank cites 80 percent of the Mexican population as distrustful of the water supply system. Bottled water companies, then, have nothing but room to grow, especially considering the majority of the population doesn’t yet consume the recommended two liters of water per day. And a large quantity of bottled water is used on daily tasks such as cooking and washing dishes, even on bathing newborn babies. Can you or can’t you drink tap water? The answer is: It depends. The responsibility for water supply in Mexico is so fractioned that it’s impossible to get a convincing response. In the capital city, water quality is disclosed each year and in only two neighborhoods does it not meet standards for human consumption. Unfortunately, those with the worst water quality also have the lowest standard of living. Information on the subject doesn’t arrive to our homes, it’s difficult to access and – in some cases – the information is non-existent, hidden or disguised. No government authority is responsible for water quality: not the National Water Commission, not state or city governments. Violating a human right Without convincing responses about the reliability of the water supply system, Mexicans are opting to buy bottled water. By doing so, we’re demonstrating that something is wrong with the country’s water system, and the human right to water is not guaranteed. According to the UN, drinking water must be safe, clean accessible and affordable for all. The human right to water was included in the Mexican Constitution four years ago, but its implementation, and the party responsible for guaranteeing it, remains under discussion. While the debate continues, millions of Mexicans are, understandably, buying bottled water to protect their health. The lack of information about or accountability for the water supply system makes the guarantee of this human right nothing more than a dream.   The UN established that people shouldn’t spend more than three percent of their income on water services. In Mexico, only those with incomes greater than $1,200 a month (21,000 pesos) spend three percent or less of their income on bottled water. The other 80 percent of households in the country spend as much as eight percent, a staggering figure, especially considering it doesn’t include what they pay for water used for other domestic activities. People are buying bottled water because they don’t trust the country’s water supply system. By denying a glass of water to its population, the Mexican government is denying a fundamental human right.  

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