Human Rights

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

July 20 2021 Fracking, Indigenous Rights, Climate Change

Reflections for a Bolivia free of fracking

Text written as part of the series #TRANSFORMAR LA CRISIS, Tomo II. Crisis Ecológica, extractivismo y poblaciones vulnerables by the foundation Friedrich-Ebert-Stiftung (FES) in Bolivia, to be published soon. It all began with a study, published in 2011 by the U.S. Energy Information Administration, reporting the existence of large quantities of unconventional hydrocarbons in Bolivia. The study created considerable expectations in the Andean Nation. Given the gradual depletion of conventional oil and gas deposits, fracking has since become a latent threat. Fracking is a risky, costly and highly polluting technique. As a region, Latin America is home to roughly seven thousand fracking wells. The technique’s advance—as well as related public policies, regulations and social opposition—has commonalities across the region, including its affects on protected areas and on urban, rural and indigenous populations. So far, Bolivia remains free from fracking. But without an intentional political decision to avoid it, and without a population better informed about its effects, fracking could soon become a reality here as well. The risks of fracking in Bolivia The implementation of fracking is a latent threat in Bolivia because of the nation’s significant dependence on fossil fuels. In 2013, the state-owned company YPFB signed a cooperative agreement with YPF Argentina to study the potential of unconventional hydrocarbons. It also asked the operating companies to extract samples from the Los Monos geological formation in the Chaco region. That same year, YPFB Chaco (a subsidiary of YPFB), with the support of Halliburton, carried out a "mini-fracture" in the Ingre X-2 well, part of the Tupambi formation, in Chuquisaca. This operation would have allowed for the discovery of tight sand oil. Based on this discovery, YPFB Chaco had proposed to perform a complete fracture of the reservoir in 2014. It is unknown if this occurred because, in the years following, YPFB stopped generating public information on the project. In 2018, Canadian company CanCambria Energy Corp. signed a study agreement with YPFB, the prelude to an exploration/exploitation contract, to determine the unconventional gas potential at Miraflores, also in Chuquisaca. CanCambria's preliminary data points to the possible existence of a mega-field in the area, whose potential gas resources would be comparable to those of Argentina’s Vaca Muerta. The Canadian firm has prepared a proposal to extract gas by drilling 800 wells over 202 square kilometers in the Miraflores area, in the municipality of Macharetí. Miraflores is located in the Heroes del Chaco Municipal Protected Area and is part of the Yrenda Toba Tarijeño Aquifer System, which Bolivia shares with Paraguay and Argentina. The people living in Macharetí, including Guaraní indigenous communities, were shocked to receive news of the project. The alarm raised by the possibility of fracking in this territory led those who live there to learn about the consequences of the technique, particularly in relation to the use and contamination of immense quantities of water. As a direct result, Macharetí included in its autonomous statute the prohibition of fracking in its territory, intensifying the controversy over the technique’s development in the area. Between extreme energy and an energy transition In the face of this controversy over fracking, two paths lay before us: on the first, is the deepening of the extractivist model and the generation of highly polluting energy, with serious and irreversible negative impacts on Mother Earth and local populations; on the second, is a just and democratic energy transition, which implies the decommodification of energy, a change in the energy matrix, and a shift in the development paradigm. Bolivia, and Latin America as a region, need to profoundly transform the way energy is produced; the new system should be formed with a long-term vision and based on the respect for human rights and the protection of nature. The development of fracking, far from initiating any transition, goes against this trend because it continues to promote a polluting, risky and costly energy system. It is based on dependence on non-renewable energy sources with negative impacts on the territories, inequity and lack of citizen participation in the construction of energy policies. Instead, Bolivia must bet on a socially just, economically viable and ecologically sustainable energy transition. "Bolivia should not move towards the implementation of fracking in its territory because it represents one of the greatest risks to its ecosystems, resources and populations," says Jorge Campanini, researcher at the Center for Documentation and Information Bolivia (CEDIB). "It is urgent to generate solid policies that declare a moratorium or indefinite ban on this technique throughout the country". The experience of Latin American countries that have bet on fracking clearly demonstrates the economic, environmental and social impacts of this technique. In this context, many organizations, communities and peoples have organized to confront the threat. The ongoing Covid-19 pandemic forces us to reflect on the future of fossil fuels, and the need for a just energy transition. Instead of considering fracking as an easy way to create jobs in difficult times, we must confront the health, economic and climate crises together. It’s time to think of resilient recovery, and thus an energy system that is not based on fracking. One idea usually associated with transition is the change of the energy matrix, yet, while necessary, the rapid and effective de-fossilization of that matrix is not enough. The energy transition must be comprehensive and incorporate environmental, economic and social dimensions so that it is also just and democratic. That’s why it’s so important that governments address the issue with a systemic approach.

July 08 2021 Climate Change, Human Rights, Capacity Building

Session 2 of the 2021 GCF Watch International Webinar Series

Gender, indigenous peoples and REDD+ within the GCF 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. PanelistsLiane Schalatek, Heinrich Böll Stiftung: Main takeaways from B.29.Tara Daniel, Women's Environment and Development (WEDO): Gender at the GCF.Helen Magata, Tebtebba: Indigenous Peoples at the GCF.Souparna Lahiri, Global Forest Coalition: REDD + at the GCF.Moderator: Salina Sanou, PACJA. Recording Presentations1. Liane Schalatek, Heinrich Böll Stiftung: 2. Tara Daniel, Women's Environment and Development (WEDO):Presentación en francés 3. Helen Magata, Tebtebba:

June 28 2021 Climate Change, Human Rights

People v. Shell: A step towards climate justice

On May 26, the District Court in The Hague, Netherlands, issued a landmark climate ruling. It ordered Anglo-Dutch oil company Shell—one of the world's leading fossil fuel producers and suppliers—to reduce its carbon dioxide (CO2) emissions by 45 percent by 2030, compared to 2019 levels. The decision came in response to a 2019 lawsuit filed by Friends of the Earth, along with six other organizations and more than 17 thousand Dutch citizens. Although Shell publicly committed in 2020 to achieving net-zero emissions by 2050, the Dutch court found that this pledge was not enough. According to the verdict, the multinational is responsible for not only its own CO2 emissions, but also those of its suppliers and customers, which together threaten the fragile planetary balance and the realization of human rights. The ruling determines, for the first time, that a company and its subsidiaries must align their policies with global CO2 emission reduction targets. It bases this obligation on the emission reduction targets of the Paris Agreement, adopted in 2015. Thus, those who litigated against Shell fulfilled their main objective, which was not to obtain financial compensation for damages caused, but to force the oil company to reduce its emissions in compliance with the Paris Agreement's goal of limiting the increase in global temperatures to 2°C compared to pre-industrial levels, and to continue efforts to reach 1.5°C. The Shell group has been aware for nearly 60 years of the risks of climate change, as demonstrated by a documentary they themselves produced in the 1990s. However, the multinational responsible for nine times more emissions than the whole of the Netherlands has never stopped investing in fossil fuels, intentionally favoring its economic interests at the expense of the environment, the climate and people. Check here the recording of the conversation we had with Niels Hazekamp, Senior Policy Adviserat Both Ends, one of the organizations that sued Shell, where explains the details of the litigation. A worldwide precedent The ruling is a major step forward in the use of judicial systems as tools to advance climate justice, and it demonstrates that society, as a whole, is more determined than ever to stop the negative impacts that powerful multinationals have on the environment, the climate and the enjoyment of fundamental human rights. Despite being litigated on European soil, the case represents a significant step towards global climate justice, offering an interesting opportunity for replication in Latin America and the world. The case not only opened the discussion on corporate climate responsibility, but was also a pioneer in incorporating the use of the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. The use of these instruments, which regulate multinational companies by requiring them to respect human rights, demonstrates their potential for global climate justice. The language of the verdict is based primarily on respect for human rights, thus opening the possibility of applying the same reasoning against other polluting companies, in accordance with the obligations set out in the above-mentioned instruments. More about the People v. Shell ruling Under the ruling, Shell must reduce Type 1 net emissions—those generated by its activities and those of its subsidiaries—and make a significant effort to reduce Type 2 and 3 net emissions—those generated by users of the oil and gas produced by the multinational. To account for the net reduction of its emissions, the oil company cannot resort to any of the carbon capture or offsetting tools established under the Paris Agreement, which consist of capturing CO2 emissions from coal and gas-fired power plants and heavy industry, for deep subway storage or reuse. It is worth noting that, although there is no certainty about the exact nature of the climate impacts caused by Shell, the judges highlighted the universally recognized risks to communities and ecosystems related to industrial pollution, and the company's financial priorities, to support their ruling. Primary doubts and concerns The primary doubts regarding this ruling have to do with its implementation. Although the court established that Shell may not use offsetting or absorption systems for its emissions, it does not oblige it to end the exploration, extraction and exploitation of fossil fuels. Furthermore, the subjectivity of the ruling does not allow for the identification of exactly what kind of effort could be considered significant for the reduction of emissions by the oil company's customers. Nor is there clarity regarding the responsibility of the Shell group for the sale of its refineries to other public companies in the Global South, which would allow the multinational to comply in part with emissions reductions, while the refineries continue to operate in some of the most vulnerable places on the planet. In addition to the use of the Paris Agreement, which assisted the judges in ruling in favor of the climate in this case, the litigation opened the door to the use of existing soft law instruments such as the UN Guiding Principles on Business and Human Rights, or others that are expected to be legally binding to regulate the activities of transnational corporations and other business enterprises. Likewise, considering the difficulty and possible manipulation in counting emissions, new avenues are opening up to establish specific obligations on polluting actors. As recommended by several civil society organizations, basing corporate emission reductions on the measurement of barrels of oil, cubic meters of gas and tons of carbon would be easier and more useful for the implementation of successful judgments such as this one. Finally, there are concerns about the rights of Shell workers, which could be negatively affected by the ruling. The drastic reduction that Shell will have to apply to its oil and gas activities must be framed in a fair and inclusive transition process, which includes respecting labor rights and transforming its activities by making them more sustainable. The case of People v. Shell has opened up valuable tools for a global shift towards climate justice and holding companies accountable for their environmental and human rights harms. For those of active in climate litigation, the case demonstrates the need to strengthen the capacities of our teams, the importance of creativity and the use of science, the importance of ensuring that we have the time and resources to pursue landmark cases and, finally, the relevance of building alliances to build upon the current momentum of the global climate justice movement.

September 08 2021 Climate Change, Human Rights, Capacity Building

A Guide for GCF Watch Coordinators

A publication for coordinators of GCF Watch, a civil society initiative from the global South aimed at improving monitoring of the Green Climate Fund (GCF), the world's leading multilateral climate finance institution. DOWNLOAD THE FULL GUIDEBasics of the Green Climate Fund (GCF)The Green Climate Fund (GCF) is the operating entity of the funding mechanism of the United Nations Framework Convention on Climate Change (UNFCCC). As such, it provides funding to developing countries for climate change mitigation and adaptation projects and programs.Read and downloadNational Designated Authorities and Green Climate Fund Focal PointsNational Designated Authorities (NDAs), Government institutions, and Focal Points (FPs) are responsible for all matters related to the Green Climate Fund (GCF) in developing countries. They represent the GCF and serve as a liaison or point of contact between the GCF and developing countries. Read and downloadFunding Proposals before the Green Climate FundProposals for project and program funding can be classified according to several criteria: type of access, public or private, amount of funds requested, and risk category.Read and downloadGuide to Reviewing a Funding Proposal before the Green Climate FundThe GCF Watch will consolidate all observations made by civil society before sending to the GCF Board. Your comments will be part of the message directly delivered to the Board!Read and downloadAccredited Entities before the Green Climate FundThe funding granted by the Green Climate Fund (GCF) is channeled through accredited entities (AEs), which are in charge of managing the resources and implementing the projects and programs. The AEs must ensure that projects and programs comply with GCF safeguards, as well as oversee compliance when implementation is the responsibility of executing entities.Read and downloadThe Independent Redress Mechanism (IRM)The Independent Redress Mechanism (IRM) was created to respond to complaints from individuals, groups or communities who feel that they have been adversely affected by projects or programs financed by the Green Climate Fund (GCF) due to non-compliance with its operational policies and procedures, including its environmental and social safeguards.Read and downloadGCF Watch: A Southern Civil Society-Led InitiativeThe platform aims to improve the monitoring of the operations of the GCF through collaboration between organizations working at the level of the GCF Board and organizations and communities in the region that are close to the territories where projects supported by the entity are implemented.Read and downloadGlossary of useful terms for monitoring the Green Climate FundRead and download