Human Rights

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.

August 11 2021 Large Dams, Accountability and Transparency, Human Rights

The IDB's opportunity to support the protection of the environment and human rights

The Inter-American Development Bank Group (IDB Group) is uniquely positioned not only to support recovery efforts in Latin America and the Caribbean, a region hard hit by the pandemic, but also to do so with respect for people and the environment. The IDB Group—composed of the IDB, which works with governments; IDB Invest, which collaborates with the private sector; and IDB Lab, the bank’s innovation laboratory— is the continent's most important development financing entity. In 2020, it approved a record US$21.6 billion for its 26 member countries in the region. In addition to the challenge of leading the recovery of public finances, the current economic and social crisis represents an opportunity for the IDB Group to successfully face another major challenge: the adoption of operational policies that comply with international environmental and human rights standards, as well as improved accountability processes. This is fundamental to the role the Bank plays in the region, and has become even more relevant in the current context: Regarding accountability and the evaluation of its current policies, it is important to consider that four hydroelectric projects financed by the IDB Group are or have been under scrutiny by the IDB's Independent Consultation and Investigation Mechanism (MICI) due to the impacts caused by their implementation in indigenous and rural communities in Guatemala, Chile and Colombia. These projects, financed by IDB Invest, have affected the livelihoods of those who live in their shadow. AIDA—together with the International Platform Against Impunity and the Plurinational Government of the Q'anjob'al, Chuj, Akateko, Popti and Mestiza Nation—has supported members of the Mayan communities of the Ixquisis micro-region in Guatemala in the face of the destruction caused by two of these projects: the San Mateo and San Andres dams. Personally, I’ve seen first hand the damages caused to the indigenous population. I’ve heard the fear and uncertainty in the voices of local women as they explained how their rivers were polluted, their children fell ill, and their lives forever changed. “One day we will run out of water and we won’t be able to live,” a female indigenous leader from Ixquisis told me. “Our children will suffer.” The women of Ixquisis have played a central role in the complaint presented before MICI, as a primary question at play centers on the supposed violation of the Bank’s operational policy on gender, which recognizes that development projects often have differential impacts on local women. For the women, the rivers are a vital element, since they enable access to fresh water and food, also playing a key role in their interactions with each other. In the complaint, affected communities also denounced the projects’ lack of compliance with the Bank’s operational policies indigenous rights and the environment, and for the resulting damages. They argue that the company implementing the San Mateo and San Andrés dams acted without due diligence and violated the right to consultation and the free, prior and informed consent of affected indigenous peoples. In fact, the implementation of the projects actually ignored the results of a good faith consultation, carried out in 2009, in which the majority of the local population decided they did not consent to the implementation of such mega-projects in their territory. What’s evident is that the Bank’s capacity to supervise the projects it finances is limited and, despite meeting minimum standards, its operational policies are often ineffective. What’s more, spaces in which the Bank verifies compliance are reduced and the consequences for that non-compliance, uncertain. Earlier this year, MICI published a report on Chile’s Alto Maipo hydroelectric project, finding that the dam violated several operational policies, including that on gender. Yet that report has come under scrutiny for failing to offer restitution measures for the ongoing damages incurred by affected communities. In the coming months, the preliminary report on the Ixquisis case will be released. Affected communities hope that the recommendations it holds are reflective of the realities on the ground, and oriented toward the adoption of corrective measures, including the immediate divestment of financing. With this case, the Bank has a key opportunity to demonstrate its commitment to accountability, as well as its openness to assess compliance with its own operational policies and to remedy the damages that failure to comply has caused to vulnerable groups. It’s also an opportunity for the entity to take preventive measures and lay the groundwork for changing its practices. When he was elected president of the institution, Mauricio Claver-Carone promised to "act on priority issues in the region.” This includes an evaluation of any global context that affects the very development the IDB Group seeks to promote. These days, that includes not just the current public health crisis, but also the global climate crisis, the serious situation facing environmental defenders, and resolving a number of pending complaints on gender equity and respect for indigenous rights. The actions taken by the IDB Group as a result of the Ixquisis case may be the first step in establishing a fundamental precedent for the protection of human rights and the environment among international financial institutions, a contribution that is undoubtedly as, if not more, valuable than the economic one.

July 29 2021 Climate Change, Human Rights

Session 3 of the 2021 GCF Watch International Webinar Series

Engaging with the GCF in different regions and countries Effective civil society monitoring of the Green Climate Fund (GCF) is crucial to avoid damages and make the best use of much-needed climate resources.GCF-Watch is a civil society initiative, led from the Global South, created to improve access to information on GCF matters and enable better public follow-up and supervision of the GCF.In this international series of three webinars, experts from across the globe discussed engaging through the GCF Watch platform. Updated information on the GCF, its board meetings and the main issues of 2021 were discussed, as well as ways in which people and communities can engage with the Fund in their countries and regions. Each session included expert presentations followed by an open space for conversation among attendees and panelists. Recording PanelistsBertha Argueta, Germanwatch: CSOs participation in GCF processes at the national level: Engaging with National Designated Authorities (NDAs) and Focal Points.Collins Otieno, PACJA: Experiences from Africa’s regional node.Tunga Rai, Nepal Federation of Indigenous Nationalities (NEFIN); and Titi Soentoro - Aksi! for gender, social and ecological justice: Experiences from Asia's regional node.Florencia Ortúzar, Interamerican Association for Environmental Defense (AIDA): Experiences from Latin America’s regional node.Moderator: Claire Miranda, climate justice advocate. Presentations1. Bertha Argueta, Germanwatch: 2. Collins Otieno, PACJA: 3. Tunga Rai, Nepal Federation of Indigenous Nationalities (NEFIN): 4. Titi Soentoro - Aksi! for gender, social and ecological justice: 5. Florencia Ortúzar, AIDA:

July 26 2021 Climate Change, Human Rights

Litigation to promote (and accelerate) climate action

In 1990, the United Nations Intergovernmental Panel on Climate Change (IPCC) produced its first assessment report. It was the first time that the international scientific community officially and accurately demonstrated that greenhouse gas emissions, produced by human activities, would lead to additional warming of the planet's surface, with global consequences. Over more than two decades of international climate negotiations and agreements to drastically reduce emissions, progress has been slow. And so, climate litigation has become a tool increasingly used by organizations and communities to hold governments and companies accountable for the climate crisis. Legal cases have forced nations to adopt more concrete and ambitious measures to curb emissions and mitigate the human rights impacts of the climate crisis. In May, a Dutch court set a landmark precedent when it ordered multinational oil company Shell to reduce its carbon dioxide emissions by 45 percent over less than 10 years, marking a global environmental victory. "This judgment has been of great significance because Shell is one of the companies that most contributes to climate change," says Verónica Méndez, an attorney with AIDA's Climate Change Program. AIDA's legal and scientific team provides legal support and technical information to organizations and communities initiating climate litigation against governments and companies in Latin America. AIDA also developed a climate litigation platform, which systematizes key information on the cases developed in the region. The mapping of data is being done collaboratively with other organizations and will allow for the strengthening of joint litigation strategies. A brief overview of climate litigation Climate litigation includes cases that raise issues related to the legal obligations that states and companies have in relation to the climate crisis. They are brought before judicial bodies to seek, among other things, the enforcement of existing climate laws; an expansion in the scope of other laws to address climate change; recognition of the relationship between fundamental human rights and the impacts of the climate crisis; and compensation for loss and damage. This, according to a report prepared by the United Nations Environment Programme, in collaboration with the Sabine Center for Climate Change Law at Columbia University (New York), which assesses the global situation of this type of litigation. According to the report, as of July 1, 2020, at least 1,550 climate litigations have been registered in 38 countries, almost doubling the number of cases registered in 24 countries in 2017. The United States leads the list where the most litigation has been filed (1,200), followed by Australia (97), the United Kingdom (58) and the European Union (55). Climate lawsuits are also booming in Latin America, particularly in Mexico, Brazil, Colombia and Chile. To date, AIDA has analyzed nearly 50 cases that will form part of the region's climate litigation platform. Challenges and opportunities in climate litigation While climate litigation seeks to achieve justice for communities affected by the impacts of the climate crisis, one of its great challenges lies the implementation of decisions. In 2018, a historic judgement ruled in favor of 25 young Colombians, who sued the government for deforestation in the Amazon and its direct link to the violation of the right to a healthy environment for future generations. This lawsuit is considered a climate litigation due to the increase in greenhouse gas emissions associated with deforestation. In it, the Supreme Court of Justice recognized the Colombian Amazon as an entity subject to rights and ordered the creation of an action plan to reduce deforestation, and the adoption of an intergenerational pact for the life of the Colombian Amazon. However, the conclusions of follow-up reports on the case indicate that, to date, there has not been full compliance with the ruling. "A judgment does not end with the sentence,” explains Méndez. “It must be followed up with to ensure compliance." Demonstrating that corporations and governments have an enormous responsibility in the fight against the climate crisis not only requires scientific information that proves that the emissions generated or allowed contribute to climate change. It requires linking the facts to human rights to provide more reasons for the courts to act and issue a favorable ruling. "A purely scientific climate change litigation has less chance of success," Méndez emphasizes. "It’s strategic to link a case to direct impacts on the human rights of those people who will be disproportionately affected." According to a report by the Environment and Natural Resources Foundation (FARN), the outlook for climate demands in Latin America is encouraging because governments are making more commitments to climate action and, in addition, climate science is establishing direct links between extreme weather events and climate change. The coming together of communities and environmental organizations is crucial in the movement to accelerate strong policies and actions that will ensure a sustainable, just transformation for both people and the environment. Visit the Climate Litigation Platform for Latin America and the Caribbean