Human Rights

February 03 2022 Large Dams, Freshwater Sources, Accountability and Transparency

IDB must guaranty a responsible exit from the Hidroituango project

Ongoing investigation of the project continues regardless of early repayment of loan. The IDB Group concluded the loan for Hidroituango prematurely as they face uncertainty regarding project initiating operations. The investigation process regarding non-compliance with IDB policies in Hidroituango continues, regardless of the early termination of the loan. The construction of the Hidroituango dam, a project that has created a humanitarian and environmental crisis without precedent in Colombia, was financed by IDB Invest, the private lending arm of the Inter-American Development Bank (IDB), which invested millions of dollars in the hydroelectric project and facilitated the investment of a billion additional dollars from other international development banks. The Office of the Transparency Hub of IDB Invest informed Movimiento Ríos Vivos (MRV) -which represents communities affected by HidroItuango - that the bank concluded its involvement in the project after receiving the advance repayment of funds from Empresas Públicas de Medellin (EPM). Further, it informed that the compliance investigation process currently underway at the Independent Consultation and Investigation Mechanism (MICI) to assess compliance with IDB policies will continue, separate from the exit from the project by IDB. Regarding the communication sent by IDB Invest to MRV, the movement and accompanying international organizations, the Center for International Environmental Law (CIEL) and the Interamerican Association for Environmental Defense (AIDA), stated the following: First, the undersigned organizations maintain that the continuation of the complaint before the MICI demonstrates a respect for the integrity and independence of the accountability mechanism and a commitment to respond to the concerns of communities affected by IDB financed projects. Furthermore, we would underline that the fact the IDB has concluded its involvement in the project, resulting from a voluntary repayment due to the uncertainty of reaching certain project milestones, does not imply the absence or the removal of the investment. Much to the contrary, the prepayment by EPM to the IDB Group demonstrates that the IDB effectively disbursed funds and financed the project, and that Hidroituango is an IDB branded project. Consequently, we believe that it is correct for the MICI, the accountability mechanism in this case, to continue its investigative functions, and that the Board and management of the Bank remain committed to the process and its findings. Secondly, as has been set forth by the MICI in recent reports recognizing the lack of compliance with environmental and social safeguards by the bank, such as the case of the San Mateo and San Andres hydroelectric projects in the microregion of Yich K’isis in Guatemala, “in case of exit from the Projects, IDB Invest should make the necessary provisions to ensure a responsible exit from the Operations”. We are confident that the payment of the debt by EPM to the IDB opens up a historic possibility for the bank to conclude its involvement in a responsible way, by creating an Exit Plan in participation with communities which allows for the restoration of affected livelihoods, thereby legitimizing the bank as a responsible international finance institution. This possibility brings hope to the MRV communities affected by the Hidroituango project, who have called for the end of the investment by the IDB and its responsible exit for years. Thirdly, the undersigned organizations expect the IDB to fulfill its commitment to transparency in its operations, guaranteeing the principle of maximum access to project information, in a straightforward and comprehensive manner, under the terms established in the bank’s access to information policy. It is under these terms that we will be requesting meetings with the Board of the IDB in the near future. Today the IDB has an opportunity to fulfill its commitment to maintain high standards of integrity, transparency and accountability within its operations not only in Colombia but throughout Latin America. For this reason, we insist on the need for i) decision-making to be more transparent about the remaining IDB Group investments or loans which currently finance this project, both from its public and private lending arm, as was set forth in the petition sent on December 6th, 2021, ii) that a responsible, effective and participatory exit plan be built with communities. Press contacts: Milena Florez, Movimiento Ríos Vivos (MRV), [email protected], +57 319 2131656 Carla García Zendejas, CIEL, [email protected], +1 202 374 2550 Yeny Rodríguez Junco, AIDA, [email protected], +57 310 7787 601

January 20 2022 Human Rights, Mining, Accountability and Transparency

Environmental responsibility through supply chains

This report emphasizes the importance of binding legislation for companies to comply with environmental aspects as well as human rights throughout their supply chains.The document reviews environmental impact assessments as an instrument of due diligence and corporate responsibility in their supply chains. It examines the independent monitoring of impacts of business operations, and reflects on environmental guarantees and human rights for the legislative processes of due diligence. Download the publication

December 21 2021 Mining, Toxic Pollution, Climate Change

5 important advances for the environmental movement in 2021

Across the region and the world, civil society movements are becoming stronger and ensuring their voices are heard in important decision-making spaces. Actions born locally, and implemented across geography and ideology, are enabling progress on a common goal that transcends borders: the protection of our planet, and the people that most closely depend on it. The best cases and demands reach not only the highest level of their jurisdiction, but set replicable precedents for the movement at large. Given the considerable stress of the year, we wanted to take a moment to look at some of the good things that happened in 2021, all of which will help further and strengthen our work. These five advances were achieved thanks to countless activists, advocates, academics and governments from Latin America, and the world. They’re helping pave the way for accountability, the protection of human rights, and new legal tools that strengthen the global movement for climate and environmental justice. 1. Escazú Agreement enters into force On Earth Day 2021, the region celebrated the entry into force of the Escazú Agreement, the first environmental rights treaty in Latin America and the Caribbean and the only in the world to enshrine protection for environmental defenders. Escazú seeks to guarantee access to information, public participation and justice in environmental matters, all of which are necessary to facilitate the work and protect the lives of environmental defenders. It also recognizes the need for protection measures for communities in vulnerable situations. With the ratification of Argentina and Mexico, the necessary accessions for this breakthrough were achieved. The agreement is also the result of many years of work by civil society, a sector that promoted the development of Principle 10 of the Rio Declaration on Environment and Development, which is key to guaranteeing the human right to a healthy and sustainable environment. Now that it has entered into force, governments must integrate the responsibilities that Escazú establishes into their domestic systems so that defenders and communities can use it to their advantage. Only then will it truly be effective. 2. Court orders Shell to cut emissions by nearly half In a landmark ruling in the citizens' struggle for climate justice, the District Court of The Hague ordered the Anglo-Dutch company Shell to reduce its emissions by 45 percent by 2030. The verdict provides, for the first time, that a company and its subsidiaries must align their policies with global emissions reduction targets, such as those stipulated in the Paris Agreement. It sets a global precedent that was reached thanks to a lawsuit filed by several civil society organizations and more than 17,000 Dutch citizens. The main objective of the lawsuit was not to obtain financial compensation for damages, but to force the oil company to reduce its emissions. This case opened the discussion about the responsibility of companies in aggravating the climate crisis, and was a pioneer in the application of the UN guiding principles on business and human rights. Niels Hazekam, Senior Policy Advisor at Both Ends, one of the organizations involved in the lawsuit, explained the details of the Shell litigation in this AIDA webinar. This victory represents a major advance towards using judicial systems as tools to advance climate justice, with great potential for replication in other parts of the world, including Latin America. 3. International court reaffirms environmental protection in Costa Rica It is legitimate for a country to declare itself free of open-pit mining as part of its environmental protection objectives, declared the ICSID arbitration tribunal of the World Bank in response to a case filed by the mining company Infinito Gold against Costa Rica. In the arbitration, the mining company demanded the payment of $400 million dollars as compensation for the profits not received when the country annulled its mineral exploitation concession. In the early stages of the Crucitas mining project, AIDA warned the Costa Rican government of the threats it would pose to the environment and human rights. In 2008, the government issued a decree declaring the project of interest. Then, in 2011, the Supreme Court upheld a prior court decision to declare the Crucitas project illegal. Clearly unhappy with this decision, Infinito Gold began international arbitration and requested compensation for losses. This year, ICSID concluded that Costa Rica will not have to pay and clarified that the country did not deny the company access to local justice. The decision is an important step forward in the face of the growing intention of companies to sue governments for deciding to protect certain ecosystems. 4. The UN recognizes the human right to a healthy environment On October 8, in a historic day for the future of the planet, the United Nations Human Rights Council recognized that all people have a human right to a safe, healthy, clean and sustainable environment. Costa Rica, Slovenia, Maldives, Morocco and Switzerland led efforts within the Council in the latest stage of a long struggle, along with thousands of organizations, movements, businesses and advocates who joined the call for a #HealthyEnvironmentForAll. By circulating letters and inviting civil society around the world, they were able to show the legitimate interest in recognizing this right. This milestone in the history of international environmental law is the result of nearly 50 years of work by thousands of people who, since the Stockholm Declaration in 1972, have laid the groundwork for this day. Also on 8 October, the Council established the creation of a new Special Rapporteur to promote human rights in the context of climate change. This action responded to a request from civil society, in which AIDA was the meeting and coordination point in Latin America to mobilize the decision. 5. Pollution case goes to the Inter-American Court After more than 15 years, the case of human rights violations due to environmental contamination in La Oroya, Peru, reached the Inter-American Court of Human Rights. It is the first time that a case of air pollution caused by business activities in an urban context has reached the Court. The Inter-American Commission brought the case before the Court after establishing the international responsibility of the State, in response to a petition of a group of local residents—represented by AIDA and our allies—who have been chronically exposed to heavy metals from the Doe Run Peru metallurgical complex. The affected people appealed to the Inter-American Human Rights System because, despite the Peruvian Constitutional Court's order in 2006 for urgent measures to protect their rights, the State failed to comply. The presentation of the case before the Court represents a unique opportunity to restore the rights of the affected persons. Read more and learn about AIDA’s top victories of the year in our 2021 Annual Report!

November 11 2021 Indigenous Rights, Climate Change, Human Rights

"Portraits of a feminist energy transition"

The energy transition is essential and underway, but what are the risks and opportunities that the green energy revolution represents for the realisation of women's rights? How can we prevent the replication of extractive practices commonly associated with fossil industries? How can we promote renewable energy models that promote women's participation and the eradication of energy poverty? The series "Portraits of a Feminist Energy Transition" seeks to showcase the stories of women activists and human rights defenders advcating for a just energy transition. A new energy system that protects the environment, advances gender equality and provides safe, affordable and sustainable access to energy. Although women play a critical role in the management and use of energy resources in households and their communities, they face common challenges linked to systemic discrimination, energy poverty and lack of representation in the development of the new renewable energy sector. We cannot accelerate the move towards sustainable energy systems without bringing to the centre the voices of women and communities who have historically been left behind in energy decision-making spaces. In the context of COP26 and when discussing an energy transition that involves an unprecedented technical and technological shift from one source of energy to another and counteracting the effects of climate change, the civil society organisations, Global Initiative for Economic, Social and Cultural Rights (GI-ESCR) and the Interamerican Association for Environmental Defense (AIDA), with the support of FES-Geneva, launch the first video in the series that tells the story of Maria, an indigenous woman from the Maya Chuj ethnic group living in the Yich K'isis micro-region of Guatemala. It is only through women's stories and experiences that we can reduce the potential risks of the energy transition and catalyse the transformative power of renewable energy to advance gender equality and a low carbon future for all. Listen to María’s story!

October 29 2021 Toxic Pollution, Climate Change, Human Rights

Science's call to action for climate and air

By Fabio López Alfaro y Luisa Gaona Quiroga, AIDA interns The first installment of the Intergovernmental Panel on Climate Change’s (IPCC) Sixth Assessment Report—which will be completed in 2022—devotes an unprecedented entire chapter to short-lived climate pollutants (SLCPs), the reduction of which can mitigate the climate crisis and improve air quality. The IPCC's emphasis on these pollutants reaffirms the intrinsic relationship between climate and air, as well as the urgent need to implement effective and joint measures for their protection. SLCPs are compounds that absorb or reflect solar energy. They have the capacity to heat or cool the Earth on short time scales (days to years), in contrast to greenhouse gases, such as carbon dioxide, whose climate impact can last decades, centuries or even longer. The best-known SLCPs include black carbon (small particles produced by burning diesel, biofuels and biomass), methane (which has a high global warming effect and is a precursor of other pollutants), tropospheric ozone and hydrofluorocarbons. Because they remain in the atmosphere for only short periods of time, their impacts on climate are regional and their changes are linked to changes in their emission sources. Although some SLCPs warm the planet and others cool it, the fact is that these pollutants cause between 30 and 45 percent of global warming, in addition to damaging air quality and affecting crop yields. Therefore, their integral management is decisive for mitigating the climate crisis and improving our quality of life. The situation in Latin America In this IPCC assessment cycle, the availability of information made it possible to emphasize the regional analysis of climate change, illustrating the relevance of SLCPs, whose impacts on climate and air are primarily local. However, the findings for Latin America are minor compared to those of Europe, Asia or North America, evidencing a lag in the region's knowledge. Closing this knowledge gap on SLCPs is fundamental because the region ranks third in terms of short-term (10 year) warming generation, surpassed by East Asia and North America. Despite having less information, the IPCC was able to identify the key sectors and pollutants to manage in Latin America. The report highlights that mitigation policies should focus on particulate matter and ozone generated in industry, energy production and open burning of biomass, sectors that are regionally responsible for the highest emissions. As the diameter of the particulate matter decreases, the negative health impacts are greater. Thus, fine particles— of particulate matter 2.5—cause the most harmful impacts on people's respiratory and cardiovascular systems. According to the World Health Organization, black carbon and organic carbon form a substantial part of particulate matter in air pollution, and are an important cause of morbidity and premature mortality worldwide. Moreover, methane and black carbon are the primary pollutants of concern in agriculture, fossil fuels, waste management and diesel engines, sectors that are projected to contribute 90 percent of non-OECD countries' black carbon emissions by 2100. Call to action The scientific evidence presented by the IPCC is also a call to action, a joint fight for climate and air. The report proves that it is vital to have crosscutting public policies that simultaneously seek to mitigate the climate crisis and SLCP emissions. The absence of such policies, coupled with weak air pollution control, implies short-term warming for Latin America, mainly because it is estimated that emissions of methane, ozone and hydrofluorocarbons—compounds characterized by high warming rates—will increase, as well as lower contributions from aerosols, which would decrease the cooling effect. However, with proper monitoring and in scenarios that combine efforts to reduce GHGs and SLCPs, high climate benefits and stabilization are expected after 2040. Although the climate results of these measures will be visible in 20 to 30 years, they will contribute to improving air quality and protecting human health in the short term. Public policies that work to lessen air pollution can reduce mortality rates due to poor air quality and contribute to meeting several of the Sustainable Development Goals (SDGs), especially those targets related to particulate matter exposure (targets 3.9 and 11.6), human health and cities (targets 3.8 and 11.7), and the health of people and the environment (targets 3.9 and 11.7). They can also contribute to access to clean and affordable energy, responsible consumption and production, climate action and biodiversity protection (SDGs 7, 12, 13, 14 and 15). Finally, reducing CCVC emissions will help reduce crop losses, contributing to achieving zero hunger (SDG 2). Now that we know the sectors and pollutants whose management will be key in the coming years, it is time to demand that authorities and companies implement concrete actions to reduce emissions of SLCPs and obtain co-benefits in the fight for climate and clean air.

October 19 2021 Mining, Toxic Pollution, Human Rights

Victims of environmental contamination in La Oroya, Peru applaud the presentation of their case before the Inter-American Court of Human Rights

The decision, emitted by the Inter-American Commission on Human Rights, represents an important opportunity to restore the rights of affected residents. It’s the first time that a case of air pollution caused by business activities in an urban context has been brought before the Court. La Oroya, Peru. More than fifteen years after the case of environmental contamination in the city of La Oroya began, the Inter-American Commission on Human Rights established the Peruvian State’s responsibility for the violation of the affected population’s rights to life, integrity, health and a healthy environment. This month, the Commission referred the case to the Inter-American Court of Human Rights. "My sisters and I suffered exposure to heavy metals since we were children, having to migrate with our parents to an area far away from the contamination," said one of the victims, whose identity has been withheld due to the risk of reprisals for their role as environmental defenders. “We are thrilled to take one more step in this long process, in which so many of us have been involved. We are hopeful this will shine a ray of light on our path, and that our case will come to an end for the wellbeing of our health, so we can say 'Yes we could' in spite of so many falls.” The case originated with a petition, filed in 2005, by a group of La Oroya residents who, in the absence of responses at the national level, turned to the Commission to request precautionary measures. They subsequently denounced the violation of their rights resulting from chronic exposure to heavy metals (lead, cadmium and arsenic) from the metallurgical complex run by the company Doe Run Peru. The affected people appealed to the Inter-American Human Rights System because, although the Peruvian Constitutional Court ordered urgent measures for the protection of their rights in 2006, the State failed to comply with them. In an official communiqué on its decision, adopted on September 30, the Commission emphasized that "the State failed to comply with due diligence in its duties to regulate, supervise and oversee the behavior of the companies with respect to the rights they could affect, nor with its duty to prevent violations of these rights.” "We are happy for the news, so many years of waiting, frustration and fear. We are finally at the end,” said a mother whose parents and siblings were also affected by the contamination. “It’s a joy for all those who are present and for those who have left. We also thank the group of petitioners who have continued despite everything." The Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), representatives of those affected in the case, welcome the Commission's decision, as it puts an end to several years of waiting and constitutes a great opportunity to restore the rights of the affected people. "It is a milestone for the Inter-American System because it is the first case to document a situation of environmental contamination, particularly air pollution, caused by business operations in an urban context," said Liliana Avila, Senior Attorney in AIDA's Human Rights Program. For Christian Huaylinos, Coordinator of APRODEH's Legal Department, "this case would allow the Court to advance State obligations regarding the special protection of populations that may be in a particularly vulnerable situation, such as children, adolescents and senior citizens. It would also address State responsibility, the obligations derived from the right to a healthy environment as an autonomous right, and its interdependence with other fundamental rights for human existence, such as health, life and personal integrity, as well as rights such as access to information, association and justice.” The contamination suffered by the inhabitants of La Oroya, many of them minors, particularly those who have come before the Commission, has had serious negative effects on their health with consequences that continue to this day. Although the metallurgical complex has implemented environmental management instruments, given the legal requirements at the national level aimed at mitigating and remediating the contamination caused, the State has granted extensions for their implementation without Doe Run Peru fully complying with its obligations. "I was very affected by the loss of my loved ones due to a lack of adequate healthcare, which lead to death. We’ve lost many people,” said one of the inhabitants of La Oroya, who has been affected since she was a minor and had to migrate to Lima with her mother. “We want to be treated well when we go to the doctor. I’ve lost my sisters and my father; we are all affected. I remember as I child I used to get spots from the arsenic.” She requests that the Court focus on the Peruvian health system when hearing the case and learning about its impacts. In all these years, the Peruvian State has failed to oversee, regulate and remedy the damage caused by the metallurgical complex. Its actions and omissions continue to violate human rights, to the detriment of the families of La Oroya. Members of the La Oroya community who have defended their right to a healthy environment have also been subjected to harassment and accusations. In this regard, the IACHR concluded that the State did not carry out "serious and effective criminal or administrative investigations to guarantee access to justice for the victims who were subjected to threats, harassment or reprisals by Doe Run Peru workers, as a result of the complaints made about the contamination." AIDA and APRODEH express their satisfaction with the presentation of the case before the Court and reiterate their commitment to the victims of La Oroya, to the defense of human rights, and the right to a healthy environment. press contacts: Victor Quintanilla (Mexico), AIDA, [email protected], +525570522107 Christian Huaylinos Camacuari (Peru), APRODEH, [email protected], +51959789232

October 13 2021 Large Dams, Indigenous Rights, Freshwater Sources

Historic recommendation paves the way for development bank to exit harmful hydroelectric projects in indigenous territory

For the first time, a case brought before the Inter-American Development Bank’s (IDB) Independent Consultation and Investigation Mechanism (MICI) opens the possibility for the bank to responsibly exit financing granted to hydroelectric projects, after concluding that the investment was made without acknowledging the presence of indigenous peoples, thus violating the bank’s operational policies. Washington DC, United States. The Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank Group concluded that, within the framework of the financing granted to the Generadora San Mateo and Generadora San Andrés hydroelectric projects—located in the Yich K'isis micro-region, territory of the Native Maya Chuj Guatemala Nation—IDB Invest ignored the presence of indigenous peoples in the area by failing to verify their existence, thus ruling out the implementation of safeguards to protect them. MICI also established that the Bank failed to comply with several of its internal policies and, based on this, opened the possibility for a responsible withdrawal of the investment. These and other findings are contained in the case’s Final Report, approved by the IDB Board of Executive Directors, in which MICI resolved the complaint filed in 2018 by the affected communities—represented by the Ancestral Plurinational Government of the Maya Q'anjob'al, Maya Chuj, Maya Akateko, Maya Popti and Mestiza Native Nations; the Interamerican Association for Environmental Defense (AIDA); and the International Platform Against Impunity. Of the 29 recommendations issued in the report: 10 are aimed at institutional changes to avoid non-compliance with environmental and social safeguards in other IDB Invest operations; 18 are focused on implementing specific corrective actions to redirect the San Mateo and San Andrés projects; and one of them, number 29, opens the possibility for IDB Invest to withdraw its investment from the hydroelectric plants. "In case of exit from the Projects, IDB Invest should adopt the necessary provisions to ensure a responsible exit from Operations," the report reads. "Recommendation 29 is the most consistent with the findings of the Final Report and the one that best responds to the request that the communities have made since the beginning of the process: it is unsustainable for IDB Invest to finance projects that were developed in indigenous territories while ignoring their presence," said Liliana Ávila, senior attorney at AIDA. "In an effective accountability process, the bank must be held responsible for its mistakes and remedy the damage it has caused." This represents a milestone for the region, as it is the first time that MICI has made such a consistent recommendation regarding projects under investigation. The recommendation demonstrates improvements in the bank's accountability processes, increases opportunities for communities affected by IDB Group-financed projects, and sets a precedent for better financing practices. "The report sets a precedent for accountability in the region. It puts MICI and the compliance verification phase one step closer to responding to the requests and demands of affected communities," said Carolina Juaneda, Latin America Coordinator for the Bank Information Center. "Recommendation 29 is a novel and encouraging development, as it puts the requests and demands of the communities that have been negatively affected by the projects at center stage. Although there are still many challenges to continue working on, the report undoubtedly represents a clear and powerful step toward strengthening accountability in the region." For the communities, it is through full compliance with Recommendation 29 that their primary request may finally be answered. The bank’s divestment from the dams must incorporate a responsible, participatory and comprehensive withdrawal plan that respects the good faith consultation carried out in 2009, in which the communities decided not to carry out the such projects in their territory. The plan must include: 1) recognition and restoration of social and cultural damages caused; 2) respect for the rights of indigenous peoples and recognition and restoration of the damages generated; 3) recognition and restoration of the damages generated by the differentiated impacts on women; and 4) prevention, mitigation and restoration measures from an environmental perspective. "The measures proposed in Recommendation 29 should have been part of the project planning phase. By not having considered them in its initial phase, a series of impacts and damages to the community were generated," stated Mara Bocaletti, Regional Director of the International Platform Against Impunity. "Only a responsible exit process by the investors will be able to restore the conditions of credibility towards the accountability mechanisms of international financial institutions." Another of the communities' expectations is that the IDB Group will guarantee their access to information and participation in the following phases of the process, which would allow the effective guarantee of their rights and the improvement of the bank's protection strategies. "This report is very valuable because it recognizes the impacts generated by the projects and validates the complaints we have been making for years. It is an important report not only for us, but for all indigenous peoples in Guatemala," said Lucas Marcos, local authority. "The bank's responsible withdrawal from the projects will allow us to maintain our rivers and access to water for us and our families." In addition to non-compliance with the IDB's policy on indigenous peoples, MICI concluded that the development of the San Mateo and San Andres projects caused differentiated impacts on women, environmental impacts, increased conflict, and harm to the social fabric. It also found that the bank did not guarantee access to information for the communities. "It is a serious wrongdoing that the bank has prioritized the advancement of these projects despite failing to comply with its internal requirements, to the detriment of our life as communities and ignoring our presence as indigenous peoples," said Rigoberto Juarez, Coordinator of the Plurinational Government of the Maya Q'anjob'al, Maya Chuj, Maya Akateko, Maya Popti and Mestiza indigenous nations. "Our individual and collective rights cannot be undermined in the face of private interests; consequently, a responsible withdrawal is the least the bank can do in the face of the magnitude of the damages caused. We hope that this will not happen again in other cases, and that the bank will assume its responsibility to respect the rights of indigenous peoples." The outcome of this complaint, as well as the international attention surrounding the case, is the result of a process of organization and resistance undertaken by the Mayan men and women of Yich K'isis upon being faced with of the imposition of large-scale hydroelectric projects, developed without due diligence and without consultation. For years, they have been demanding respect for their ways of life, and the value they hold for their water and their culture. The MICI report, apart from supporting the allegations of the affected communities regarding the violations of their rights, also sets an important precedent for Guatemala. This decision should be taken into account on a national level to address the countless irregularities and rights violations denounced throughout the country in the context of the implementation of mega-development projects, specifically large dams. press contacts Victor Quintanilla (Mexico), AIDA, [email protected], +525570522107 Camila Castellanos, International Platform Against Impunity, [email protected]

October 11 2021 Human Rights

AIDA applauds historic UN resolution recognizing the human right to a healthy environment

This Friday, the United Nations Human Rights Council adopted a resolution recognizing the human right to a safe, healthy, clean and sustainable environment. Getting to this point has involved decades of work by thousands of people who seek to ensure the well-being of all people and the planet we inhabit. It is now in the hands of the UN General Assembly to approve the resolution and make this human right global. Liliana Avila, Senior Attorney with AIDA’s Human Rights and Environment Program, states: "The United Nations has taken a historic step by recognizing a healthy environment as a universal right. It will strengthen the efforts of countries and peoples to protect human rights and nature, and to advance the struggle against the climate crisis. " This recognition is vital. Taking action to promote environmental and climate justice is an urgent mandate of States, and an urgent demand of the people.” Anna Cederstav, Interim Executive Director of AIDA, reflects: "Achieving this recognition at the global level has been a decades-long struggle on the part of the environmental movement, from its first mention to the present day. It is a testament to the patience and dedication necessary to promote meaningful change. We applaud all those who have made it possible: Costa Rica, Slovenia, Maldives, Morocco and Switzerland who took the lead within the UN, and all the environmental organizations, movements and individuals around the world who fight every day for a healthy planet for all." It is urgent that all States, including those that abstained from voting, recognize the importance of all people having access to clean water, clean air, and ecosystems that promote well-being and the enjoyment of human rights. AIDA welcomes this decision, which recognizes the foundational right that has guided our work since 1998. We will use the globally recognized right to a healthy environment to advance climate justice for all those who live on this planet, and those yet to come. We extend our thanks and admiration to the people who initiated this work years ago, to those who were involved in the milestones that led to the resolution, and to all of our colleagues and team members---current and past--who have worked to bring us to this day.

September 10 2021 Climate Change, Human Rights

The IPCC's Sixth Report: the stark reality we must face with agency and hope

“Adults keep saying: “We owe it to the young people to give them hope.” But I don’t want your hope. I don’t want you to be hopeful. I want you to panic. I want you to feel the fear I feel every day. And then I want you to act”. - Greta Thumberg, addressing the World Economic Forum in January 2019. The Intergovernmental Panel on Climate Change’s (IPCC) Sixth Assessment Report confirmed what we’ve all feared. With more refined scientific evidence than ever before, the report warns that climate change is intensifying, affecting all regions of the planet. Humanity's influence on this imbalance is now referred to as "unequivocal." As such, there’s no doubt that it’s our responsibility to confront the problem. Recent and aggressive climate events demonstrate that the world is transitioning from mere warnings to real, apocalyptic experiences. The Panel is not exaggerating. Over the last few months, floods have killed hundreds of people in some of the richest countries on the planet, and fires have ravaged thousands of hectares across the globe. Despite all this, there is still hope! And hope is our main ally in changing course. The report projected five scenarios, from the least to the most ambitious, according to the mitigation measures that humanity could implement. All of them, even the most ambitious, result in exceeding the 1.5 °C average temperature of the planet by 2040. Despite the starkness of that forecast, the report also shows that, by taking aggressive action to reduce greenhouse gas emissions, we could stabilize the increase at 1.4°C by 2100. The battle is not over, let alone lost. The most important consequences of this planetary imbalance are still uncertain and are being played out in the field. So what’s next? Drastic reductions of greenhouse gases will only be possible with systemic changes at the government and corporate levels. We also need to adjust our narratives so as to not fall into defeatism and hopelessness, because there is no scientific evidence to support surrender. Nor should we allow the environmental movement to become divided; we must be alert to the campaigns of fear and diversion practiced by our opponents. Hopelessness, defeatism and the division of our voices are precisely the winning cards of those who resist change. Given the global context, what follows are some necessary and urgent actions that will allow us to advance toward the future we need: Aiming for a rapid and just energy transition that respects human rights and includes a gender focus; as well as a new type of development that does not bulldoze nature, but cherishes and respects it. These changes should not produce fear. The technology to generate energy with minimal emissions and environmental impacts exists, is proven, and has greater potential to create jobs than the fossil fuel industry. A world powered by clean, renewable energy is a fairer, greener world. Holding the industries and companies that drive our economy accountable for what their activities leave behind. The subsidy nature has paid in the name of economic development has already exceeded what is reasonable. Projects that impact the environment, that attack the balance of nature, are no longer viable. The institutional framework and the principles of national and international law that protect the environment and human rights are on our side. We must interpret and use them for what they are: sources of binding and obligatory law. Ensuring the protection of natural sites that have not yet been disturbed, especially those of high environmental value. Nature has the capacity to regenerate and heal itself, but we must give it a chance. Indigenous and traditional peoples, guardians of their forests and territories, play a key role in this. Advocating for the correct use of climate funds at the international level, ensuring that they work toward climate justice and not false solutions that do more harm than the disease itself. National and international financial institutions move huge amounts of money each year to address climate change. Funds for mitigation and adaptation are available and projects to be financed must comply with environmental and social safeguards. The monetary cost of not acting or not acting enough is much higher than the cost of taking immediate, effective and decisive action. Being strategic and relying on science to take advantage of every mitigation opportunity. One example is the reduction of short-lived climate pollutants, which were specifically addressed in the recent IPCC report. These pollutants have historically lacked the attention they deserve, despite the incredible opportunity their mitigation implies. One of them is methane, whose presence in the environment is at an all-time high. Methane—the sources of which include coal mining, fracking, large dam reservoirs and intensive livestock farming—has 67 times more power than carbon dioxide (CO2) to warm the planet over a 20-year period, and its emissions cause almost 25% of that warming. Reducing these pollutants also means improving air quality in cities across the global. Achieving ambitious results in international negotiations and honoring the treaties that protect the planet, taking advantage of the strength we have when we act in coordination. It’s true that we have been attending UN conferences on climate change for 25 years without managing to reduce emissions, but it’s also true that we have an agreement signed by all member states that is binding and that orders each country to do its part to avoid exceeding the dangerous barriers of warming. Let us not dismiss what has been achieved; rather, let’s continue to build on it. We must demand these actions and not settle for less. We must be on alert to vote for leaders who have what it takes to lead us that way. Every small victory, every ton of CO2 that is kept in the ground, every natural space that is preserved, moves us away from the worst effects of this crisis. It's our turn, and nature must come first. We owe it to those who will inhabit this beautiful planet in the near and distant future.

August 18 2021 Climate Change, Human Rights

Climate change: are you part of the problem or part of the solution?

Last week, the IPCC published the first part of its sixth assessment on the global state of climate change (AR6), reflecting the latest scientific information. The existence and assessment of damage to the planet is not entirely new information for those of us who have been working in this field for decades. What’s new is the level of scientific certainty, the magnitude and scale of climate impacts, and the projections for our future. In short, the global situation today is worse than previously believed. As an attorney working for climate justice, the report is very disturbing, even frustrating. As a mom, it is devastating. I want the best for my children. Yet, despite having no responsibility for the climate disaster, their future will be determined by it and by the impacts that my generation, and previous ones, left them. This reality is shared by all children, as well as by millions of people and communities in the most vulnerable situations, who suffer the worst consequences of the climate crisis without having caused it. Faced with this bleak scenario, we can succumb to fear and depression, and be indifferent; or we can act. I choose to act. I decided to write this last column as co-executive director of AIDA, where I’ve had the honor of working for 18 years. I will highlight the most important findings of the IPCC, and explain the importance of differentiating responsibility for the climate crisis in order to move towards effective solutions. I consider these elements essential to crafting a complete picture of climate solutions. I invite you to renounce indifference and the (understandable) feeling of helplessness, defeat or frustration; and replace it instead with collective and effective action. Words matter, even in science. The IPCC report is blunt in concluding for the first time that it is "unequivocal" that the atmosphere, ocean and land have been affected by human influence. This was established by hundreds of scientists from around the world. Unequivocal means that there is no doubt, that something is incontrovertible, that it is unambiguous. Although it sounds obvious, it’s relevant to emphasize because, very recently, I heard presidents of countries responsible for the greatest emissions deny the existence or seriousness of the climate crisis. Such denial has cost us decades of progress. The IPCC also concluded that the temperature of the planet has increased, that "each of the last four decades has been successively warmer than any decade that has preceded it since 1850," and that the negative impacts on our planet are real, current and will become increasingly intense as temperatures and greenhouse gas (GHG) emissions continue to rise. The impacts suffered in Latin America and the Caribbean have cost us thousands of human lives, millions in losses, and displaced several thousand people, whose vulnerability is increasing. Yet the region continues to increasingly rely on fossil fuels, deforestation remains uncontrolled, and cities, where 80 percent of the population lives, are growing without planning and with severe air pollution. The IPCC identified the problem in cities as one of fundamental concern because the reduction of greenhouse gases and short-lived climate pollutants (SLCPs) could both help the climate and improve air quality (and, with it, public health). RESPONSIBILITY AND ACTION TOWARDS CLIMATE SOLUTIONS Solutions exist, but to implement them it is essential to understand the cause and magnitude of the climate crisis. This is the role and importance of the IPCC. On the other hand, it’s necessary to understand the source of emissions as well as those responsible for them, since not all people, entities and countries are equally responsible for this crisis. It is precisely the lack of climate responsibility that is one of the greatest challenges to finding solutions today. On the one hand, there are the governments, which despite international commitments like the Paris Agreement, have not yet translated them into ambitious and effective action. For example, governmental targets for Nationally Determined Contributions (NDC) remain far from the needed commitments. In fact, no country in Latin America has an NDC of the required level of ambition and effectiveness. On the other hand, there are companies that fail to acknowledge their responsibility, supported governments and an international community thus fair incapable of demanding they do so. This is essential not only because of ethical issues, but also de facto ones. According to scientific research, just 90 corporate entities are responsible for 63 percent of the global carbon dioxide and methane emissions from 1751 to 2010. And then, there is individual responsibility. According to the United Nations, the richest 1 percent of the population generates more than twice as many emissions as the poorest 50 percent. The inequality is evident: those who are least responsible for the climate crisis are those who are experiencing its impacts the most, as the UN has concluded in multiple reports. This lack of action has led affected communities, people and organizations to seek solutions through strategic litigation. With the intervention of the courts, there have been landmark climate decisions out of the Netherlands, Colombia and Pakistan, among others. This is what it means to see climate justice as a starting point to solving the climate crisis. Climate justice implies looking beyond the reduction of tons of CO2 other GHGs, and the beyond conservation of millions of hectares of forest. Climate justice is the search for comprehensive solutions—incorporating the perspective of human rights and the environment; putting people and communities at the center, with participatory and inclusive processes, and a gender perspective; seeking for those who have caused this crisis, emitting for decades, to assume their historical responsibility; and so that those who are suffering the most from the impacts, be compensated. This is the backbone of our work at AIDA, which we promote together with dozens of communities and organizations in Latin America, in coordination with colleagues from the Global South and the Global North. Today, the scientific evidence and the level of urgency demand that we finally change course to avoid a major debacle. It’s our decision, as a society, to either continue business as usual, ignoring the IPCC, or to finally pay attention and act comprehensively towards the climate justice that the planet requires of us. We have the information, the tools and the call of urgency. I am confident that we can make it happen and we will continue to work towards solutions. Each person, company and State can join in and decide to be part of the solution. Otherwise, they will continue to be part of the problem.