Human Rights

Human Rights, Toxic Pollution

Lowering Peru’s air quality standards is regressive and harmful to public health

The government of Peru has proposed increasing the legal amount of sulfur dioxide in the air by more than 12 times and doubling the allowed level of particulate matter, substances known to cause serious health harms. The proposal ignores both scientific evidence and the government’s obligation to uphold conditions that are suitable for human life and health. Lima, Peru.  Peru’s Environment Ministry has proposed new National Environmental Quality Standards for air, which would impact the health of Peruvians everywhere. The proposed standard increases by more than 12 times the limit for airborne concentrations of sulfur dioxide (SO2) and doubles the allowable amount of fine particulate matter. The increased limits ignore scientific evidence that finds these substances can cause lung problems and other illnesses, particularly among the most vulnerable populations such as people with asthma, children, and the elderly. “There is overwhelming scientific evidence to conclude that sulfur dioxide pollution poses a serious health risk, particularly when the contamination reaches high levels over short periods of time, something the proposal does not take into account,” said Anna Cederstav, co-director of the Interamerican Association for Environmental Defense (AIDA). AIDA prepared comments on the proposal that were presented to the government of Peru together with APRODEH. These pointed out that, contrary to the government’s assertion, reducing sulfur dioxide levels in the air would lead to longer life expectancy. This is because, among other reasons, sulfur dioxide also promotes the formation of PM2.5, small particulate matter that lodges in human lungs and causes acute respiratory problems such as bronchitis and pneumonia, as well as premature death. The government proposes to simultaneously double the legal limit for these extremely harmful particles. The organizations also highlighted flaws in the public consultation process. The government published the draft standard on Saturday, April 8, just before the Easter week holiday, giving only 10 working days for public comment on this critical public health issue. They also failed to make public the entire scientific and technical basis for the proposal. In so doing, the government has violated the rights to information and public participation. The comments also emphasize that the government’s proposal violates the American Convention on Human Rights and other international treaties to which Peru is a party, by failing to guarantee the human rights to life and health. While the proposed changes would impact Peru’s entire population, the residents of cities with high levels of pollution, such as La Oroya, would suffer the most severe impacts. La Oroya is an emblematic case because the metallurgical complex operating there—which has for decades been a macro-emitter of pollutants—is in the process of being sold. The government has publically acknowledged that the weakening of the air quality standards is an attempt to promote the sale of the complex. But it ignores the effects those relaxed standards would have on the people of La Oroya, who have seen significant improvements to both their air quality and their health in recent years. People affected by the pollution in La Oroya have sued the State before the Inter-American Commission on Human Rights in an attempt to protect their rights. For ten years, they have been granted precautionary measures due to the risk the pollution poses to their health and life; those measures were recently extended to additional people because the level of risk has continued. “Relaxing air quality standards to facilitate the sale of the complex and increase investment in Peru would be a setback for the protection of health and the environment, which could result in the State being held responsible before the Inter-American Court on Human Rights,” said Christian Huaylinos of APRODEH. “In addition, such actions would violate free trade agreements signed by Peru with the United States and the European Union.” Consult the comments sent to the Environment Ministry of Peru and more information on the case of La Oroya. Press contacts: Rodrigo da Costa Sales, AIDA, [email protected], +51 994767961 Christian Huaylinos, APRODEH, [email protected], +51 959 789 232

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Large Dams, Indigenous Rights, Human Rights

Belo Monte Dam must comply with conditions before continuing operations

Last week a federal court in Brazil suspended the operating license of the Belo Monte Dam. Prosecutors said the dam's operating company, Norte Energía, failed to complete basic sanitation works in the city of Altamira, which has been directly affected by the hydroelectric project.  The decision comes in response to a legal appeal filed by the Federal Public Ministry. The sanitation work was a condition for the dam's licensing, authorized by the Brazilian Institute of Environmental Resources (IBAMA), and should have been completed before the reservoir was filled; it was not.  "This is the first time that a federal court has suspended one of Belo Monte's suspensão de segurança, a legal tool that guarantees the dam's operation even though it hasn't completed the conditions required under its operating license. In practice, the decision means that the dam must immediately halt all operations, although the completion of pending work may continue," explained AIDA attorney Marcella Ribeiro.  "Beyond being an issue of sanitation, this judgment represents an important step forward in the fight to force the operating company to adequately comply with the conditions necessary for the dam's operation, which favor affected communities."  "We hope the Brazilian justice system continues to guarantee the protection of the rights of all those affected by  the Belo Monte Dam.”

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Human Rights, Public Participation

My time before the region's leading court on human rights

“Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness, that most frightens us.”  - Marianne Williamson As I sat before the Court, one woman in a long line of observers, my pulse raced. For the first time in my life I was speechless, even awestruck. Towering regally over me sat six men and one woman, dressed in robes. The seven judges of the Inter-American Court on Human Rights. Public speaking is something I do regularly and with ease, but I was seriously nervous! My heart was going to explode; my throat was tight. I was acutely aware of the power of what I was about to say. I felt deep within myself the strength of my colleagues at AIDA. I sat up straight, took a deep breath, and leaned in closer to the microphone. As I began to speak, my words bore the influence of the last 20 years. I was representing AIDA in our very first intervention before the most important international human rights body in the Americas. We had been invited by the Court to comment on the consultative opinion raised by Colombian government on the link between environmental degradation and human rights; an issue reflecting the very core of our mission. The basic question to be addressed was this: If a megaproject damages the marine environment in the Greater Caribbean and, as a result, human rights are threaten or violated, should the State implementing the project be held accountable under international human rights law? When I began my career in environmental law 20 years ago, this very moment was one of my goals. I dreamt of engaging in this type of conversation before the Court; of influencing jurisprudence in the institution charged with protecting the human rights of the people of the Americas. Now, because I sit proudly as co-director of AIDA, those dreams have come true. Not just for myself, but also for all the brave and thoughtful attorneys I work alongside. The document we drafted represents countless hours of research and analysis, the contributions of human rights experts and environmental attorneys, decades of experience, lifetimes of dedication. We drafted it so the Court would recognize environmental protection as a human rights issue; that a healthy environment is essential to the enjoyment of all human rights. We hope it will show the judges of the Inter-American Human Rights System that incorporating international environmental law and standards can help them implement their mission. Remembering the months of work and the expert opinions in the document calmed me that day. The testimonies I heard were like music to my ears—more than 20 people, one after the other, from States and civil society organizations, spoke of the relationship between the environment and human rights; they spoke of the power of using international environmental law to protect people and communities. The arguments we crafted, together, made the link between the environment and human rights crystal clear. We had the historic opportunity to highlight how, in some situations, environmental degradation violates human rights. Protecting our environment, therefore, is an international obligation of all States in the Americas. When I finished speaking, I took a deep breath, and sat back in my chair. A smile broke across my face, as my phone began to light up with messages from my colleagues from every corner of the Americas. I left that day happily reflecting on the past 20 years, and wholly re-invigorated for 20 more. I left full of gratitude and pride for my team. And I left convinced of the power we have—as AIDA, as attorneys, as citizens, as human beings—to create change. It all goes to show that, while we may be small, we are not alone. Together we are powerful and, together, we are capable of building a better world. The decision is now in the hands of the Court, whose opinion has the power to influence the future of development in the Americas.

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Large Dams, Indigenous Rights, Human Rights

Attacks against Guatemalan human rights defenders denounced

Communities and organizations appealed to the Inter-American Commission on Human Rights, urging the State of Guatemala, private businesses, and investors to guarantee the human rights of people and communities affected by large hydroelectric projects. They presented a report, outlining 10 different cases, which documents 273 incidents of threats, criminalization, and attacks against defenders, traditional authorities, journalists, and communities. Criminalization included 103 arrest warrants, imprisonment of 36 defenders, and the murder of 11. Washington, DC, United States.  A coalition of communities and organizations denounced human rights violations against traditional and indigenous communities in Guatemala, at a hearing before the Inter-American Commission on Human Rights. Because of their opposition to large hydroelectric projects, the human rights defenders have been threatened, assaulted, treated as criminals, and assassinated. A report presented before the Commission, featuring 10 different cases, notes that various communities confronting these projects have faced rights abuses including violations of their rights to free, prior, informed, and culturally appropriate consultation; self-determination; due process; and life. The report also outlines how those who defend affected people and communities have been victims of threats and aggressions. The most common attacks include arrest warrants (103), assaults resulting in injuries (56), imprisonment (36), detention (25), criminalization (16), and threats (15). There have been 11 documented murders and three conflict-related deaths in communities that oppose these hydroelectric projects. At least 19 companies are linked to hydroelectric projects in Guatemala, of which 55 percent are national, 40 percent are transnational, and five percent are State-owned. The complaints emphasized that it is the duty of the State to guarantee the rights of communities, and of the people who defend them. The obligation to respect human rights also extends to operating companies and project funders. Therefore, the organizations and communities ask the Guatemalan State to: Comprehensively respect the rights of indigenous people, including the rights to self-determination; consultation; and free, prior, informed, and culturally appropriate consent. Ensure the safety of human rights defenders. Include the participation of indigenous communities in the design and implementation of their energy-development policies. They also request the companies involved to: Comply with due diligence in matters of business and human rights. Refrain from taking actions, such as filing lawsuits, that result in criminalization of and attacks on human rights defenders. Publicly recognize the positive and fundamental role of human rights defenders in democracy. The complete report (in Spanish) is available here. Authors Include: Acompañamiento de Austria (ADA); Asamblea Departamental de Pueblos de Huehuetenango (ADH); Asociación de Abogados Mayas de Guatemala; Asociación Indígena Ch`Orti` Nuevo Día; Interamerican Association for Environmental Defense (AIDA); Business and Human Rights Resource Center; Consejo del Pueblo Maya (CPO) Consejo Mam; Guatemala Human Rights Commission, USA (GHRC); Guatemala Solidarity Network; Microregión de Ixquisis, San Mateo Ixtatán; The Swedish Fellowship of Reconciliation (SweFOR); PAYXAIL YAJAW KONOB (Gobierno Ancestral Plurinacional) AKATEKA, CHUJ, POPTI’, Q’ANJOB’AL; International Platform Against Impunity; Protection International; Proyecto Acompañamiento Quebec Guatemala Montréal, Canadá; Resistencia Río Dolores and Unidad de Protección a Defensoras y Defensores de Derechos Humanos (UDEFEGUA). Press contacts: Karen Hudlet, Business and Human Rights Resource Center, [email protected] Rodrigo da Costa Sales, Interamerican Association for Environmental Defense (AIDA), [email protected]  

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Large Dams, Climate Change, Human Rights

Changing the way we approach large dams

Cigarettes once served to cure cough; lead-based makeup was fashionable; and DDT, a highly toxic insecticide, was used in gardens where children played. At the time, little was known of their grave impacts on health and the environment. These facts may shock us now, but once they were normal. Cigarettes, lead, and DDT were widely believed to be more beneficial than harmful to humanity. Thanks to science, we learned of their serious health and environmental impacts. We’re learning the same now about large dams. A photograph of a dam surrounded by trees is as misleading as the doctor-approved cigarette ads once were. In the last decade, we’ve seen that the damage dams do to communities and ecosystems is far greater than the benefits they provide. Recently, an academic study confirmed something even more worrying: large dams aggravate climate change. At the end of 2016, researchers from Washington State University (WSU) concluded that reservoirs around the world, not just those in tropical areas, generate 1.3 percent of the total greenhouse gases produced by mankind. Dams, they found, are an “underestimated” source of contaminating emissions, particularly methane, a pollutant 34 times more effective at trapping heat than carbon dioxide. These findings have not yet been properly absorbed. Large dams continue to be funded and promoted as clean energy. Some countries boast nearly 100 percent renewable energy, yet reports show that at least half of that is hydroelectric energy, produced primarily by large dams. Violating human rights Even before WSU’s study was made public, the damage large dams do to communities and the environment was well documented. Dams disrupt traditional lifestyles, and affected communities are forced to adapt to new environmental conditions, such as altered river flow and species migration. Many communities have also been victims of forced displacement and fall into poverty as a result. In the Brazilian Amazon, the Belo Monte Dam provides a prime example of the ways dams cause negative impacts on both people and the environment. At AIDA, we’ve worked hand-in-hand with the indigenous and river communities of the Xingu River Basin, who have seen the trees fall around them, the red earth spread like a stain across their forest, the fish disappear from their rivers, and their small islands submerged. For those living in Altamira, the city nearest the dam, living conditions also worsened significantly, with increased violence, substance abuse, and prostitution.   This story has been repeated thousands of times around the world. According to International Rivers, 57 thousand large dams had been built by 2015, disrupting more than half of the world’s rivers and causing the displacement of at least 40 million people. What can we do?  Although the WSU study may surprise governments and corporations that promote the construction of large dams, for the health of the planet the trend must be stopped. Environmentally friendly alternatives exist, which do not imply the same social, economic and climatic impacts as dams. Hope can be found in the Brazilian Amazon with the Munduruku tribe. Last year, their long fight paid off with the cancellation of a large dam project on the Tapajós River, the sacred waterway on which their lifestyle depends. The decision to cancel the dam was backed with evidence of the impacts dams have on communities and ecosystems, exemplified by the case of Belo Monte. Recently, the Munduruku gathered to discuss and find solutions for the threats they continue to face as development rages in the Amazon. Solutions include the decentralization of energy sources, the promotion of small-scale projects, and solar and geothermal energy, all of which must be accompanied by adequate community-consultation processes. But they must be studied on a case-by-case basis and according to available resources, as what’s best for one community may not be best for another. Funding must carefully evaluate which projects to support, analyzing in detail the potential socio-environmental impacts. It may sound like people are making all the wrong decisions, but now is no time to be discouraged. We have the scientific information we need to care for our planet. Societal changes prove that we can change our actions to prioritize our health. Why can’t we do the same for the health of our planet? In the last several decades, the number of smokers has drastically decreased, we’ve stopped lacing makeup and other products with lead, and DDT has been regulated. In terms of large dams, the solution lies in re-thinking the way we produce energy and prioritizing the preservation of our free-flowing rivers. 

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Climate Change, Human Rights, Indigenous Rights

Clear accounting for dams and climate change

By Astrid Puentes Riaño (column originally published in El País) “Our climate is warming at an alarming, unprecedented rate and we have an urgent duty to respond,” world leaders concluded at the 22nd United Nations Climate Conference (COP22). Representatives from more than 200 nations gathered in Morocco from November 7 to 18 for the first global meeting since the Paris Agreement on climate change entered into force. We should respond with urgency, but also with intelligence. Today, thousands of large dams are being planned and built around the world. More than a million dams already block half the rivers on the planet. Hundreds of hydropower projects are planned or under construction in the Amazon alone. Many are promoted as clean energy and as solutions to climate change. But that’s just not true. Researchers at Washington State University recently concluded that dams are an important source of greenhouse gas emissions. In addition to carbon dioxide and nitrous oxide, dams release large amounts of methane, a gas that traps 34 times more heat than carbon dioxide. The findings were published in the scientific journal Bioscience. Far from being a solution, dams actually aggravate climate change. Until now, scientific evidence had suggested that dams in tropical areas emit greenhouse gases. The WSU study, however, concluded that reservoirs emit greenhouse gases regardless of their latitude or their purpose (power generation, flood control, navigation or irrigation). The researchers concluded that, globally, reservoirs emit approximately 1.3 percent of all greenhouse gas emissions generated by mankind. That’s greater than the total annual emissions of Canada. Further studies are required to quantify exactly how much dams emit and to understand how they vary according to the particular conditions of each reservoir. For now, it seems that variables such as temperature and eutrophication (increased nutrients in water that increase algae and decrease oxygen) may be the most relevant. Currently, greenhouse gas emissions from dams aren’t monitored. Yet every day, they’re released into the atmosphere, contributing to climate change. Globally, our climate accounts aren’t complete. The WSU study marks a milestone in our understanding of the true role dams play in creating climate change. It’s essential that scientific policies, programs, standards, and analyses take these emissions into account. National and international bodies—including the Intergovernmental Panel on Climate Change, the World Bank, the Inter-American Development Bank, the Green Climate Fund, and private companies—must incorporate current and future dam emissions in their assessments. Only then will be have clear accounts. Only then can we avoid, by ignoring clear evidence, continuing to make climate change worse—particularly for the most vulnerable among us. It’s worth noting that dams have severe impacts on human rights. They’re also very expensive and take decades to plan and complete. What’s more, viable alternatives to dams have already been found—cheaper, more efficient, and quicker to build.  To respond to climate change with urgency, intelligence, and effectiveness, we have to be clear on its causes. We have to account for all significant contributors, including dams. We have this opportunity today. And we have no more time to lose. 

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Dos niños ven el Complejo Metalúrgico de La Oroya en Perú
Toxic Pollution, Human Rights

La Oroya: Over a decade’s wait for justice

From the time Isabel* was born, she has breathed toxic air.She’s had heavy metals in her blood for all 13 years of her young life.Her hometown, La Oroya, a small city in the Peruvian Andes, was labeled in 2007 as one of the world’s most polluted places. A metal smelter has been operating there for nearly a century, with little regulation and no attention to human health.Children like Isabel suffer most from toxic pollution. Their developing brains and bodies are terribly vulnerable to lead and other heavy metals, which inhibit growth and often cause permanent damage.Nearly all of La Oroya’s children have heavy metals in their blood, at concentrations many times limits established by the World Health Organization. And many residents suffer from chronic respiratory illness.Their health issues result directly from corporate leaders’ disregard for the environment and for the people who live near the smelter. The State of Peru also bears responsibility for its inaction.That’s why a group of residents joined together to fight for the their children’s health and their city’s future.Isabel’s father, Pablo, has been a vocal leader in the community’s struggle against the government and the US-owned corporation responsible for contaminating their air, their land, even their water. He sees no other way forward.“What kind of world will we leave for our children if we don’t defend our land, if we don’t defend our biodiversity?” he said in a recent interview. A group of 65 residents joined as petitioners in a case AIDA and other organizations brought before the Inter-American Commission on Human Rights 10 years ago. Since then 14 more have added their names to the complaint; four have died. Today, they still wait for justice.In 2007 the Commission recommended precautionary measures that urged the State to adopt adequate measures to diagnose the beneficiaries and treat those at risk of irreparable damage. Since then, air quality in La Oroya has improved somewhat, but the recommended health system is still woefully inadequate.The Commission has yet to file its report on the merits of the case. A finding of merit would include more forceful recommendations. If the State still doesn’t respond, AIDA will take the case to trial before the Inter-American Court of Human Rights.For now, all the petitioners can do is wait some more.Despite the years gone by, we won’t stop fighting until the people of La Oroya see justice.We believe their courage and struggle will have an impact beyond their community, setting a precedent for future cases across the Americas. Because a victory would establish in international law that damages from toxic contamination are human rights violations.And that would mean a brighter future not just for Isabel and La Oroya, but also for communities wherever shortsighted corporations dump their toxic by-products. __* Name changed to protect privacy.

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Climate Change, Human Rights

Now, more than ever, it’s time to work for our planet

The results of the United States election have shocked the world. Many of us feel hurt, angry and, above all, worried. For those of us who work to protect our planet and our shared environment a Trump presidency is deeply troubling. The president-elect has called climate change a hoax and promised to back out of the Paris Agreement, to dismantle President Obama’s Clean Power Plan, and to rebuild the coal industry. In the challenging years ahead, the movement to protect Earth will be more important than ever. We must all be a part of it. Today, more than ever, we reiterate our commitment to justice—for the environment and for all those whose lives depend so intimately on it. Now is the time to act. The world needs leadership, ours and yours. Each one of us at AIDA is committed to making our planet a better place to live. We are dedicated to defending it from destructive climate policies, and to uplifting its most vulnerable populations. We know what’s coming will be difficult. That’s why your support is so important. Coming together now is imperative. We have a historic responsibility to demonstrate leadership, to find peaceful solutions, and to ensure a brighter future for present and future generations. We must react with unity, engage, and collaborate. It’s time to build hope and lay the path to a peaceful, prosperous, respectful, and tolerant future. With our valued supporters and partners, AIDA will keep working to protect the Earth, its defenders, their culture, and their way of life.   

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Climate Change, Human Rights

The fight against climate change: Time to turn promises into action

The Paris Agreement on climate change entered into force today. Nations must now implement the commitments that made this global consensus possible, and work to make them even more ambitious. On October 5, the nations of the European Union ratified the Paris Agreement, the binding global treaty on climate change adopted in a United Nations conference last December. With their signatures, the treaty met the requirements needed to enter into force: it was ratified by at least 55 countries, which account for 55 percent or more of global greenhouse gas emissions. Many Latin American nations contributed to this important political achievement by ratifying the agreement early, including Argentina, Bolivia, Brazil, Guatemala, Honduras, Mexico, Panama and Peru. In late September, China and the United States, the world’s largest emitters, also said yes to the new climate accord. Now all the nations that have ratified the Paris Agreement must begin to implement the national contributions they laid out last year, including, among other things, reducing emissions, financing climate actions, and taking measures for adaptation and mitigation. “These contributions are legally binding and can only be improved upon by increasing ambitions,” explained Andrea Rodriguez, AIDA attorney. “Nations cannot deny or go back on their word.” For the commitments to become a reality, each country must promote actions that meet international standards and create strong institutions to implement them.  Strong national and international support systems will enable governments to succeed at the adaptation and mitigation efforts that lay ahead. The world’s most vulnerable nations depend on special climate financing to cope with the impacts of a changing climate. The enactment of the Paris Agreement may result in a stronger, more predictable and transparent international financial framework. Sufficient funding and proper financial management are key to making national commitments not only concrete but ever more ambitious. “The entry into force of the Paris Agreement is an important global milestone. We can finally begin the urgent transformation of our economy and society towards a truly sustainable future. The irrefutable evidence of the impacts of climate change requires us to exercise historical responsibility to act quickly and get results,” said Astrid Puentes, AIDA co-director. “Latin America must show global leadership by implementing appropriate solutions and staying away from outdated strategies that increase the vulnerability of our countries and negatively impact people and communities.” 

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Large Dams, Accountability and Transparency, Human Rights

Belo Monte: Fueling Our Fight for Justice

By María José Veramendi Villa Even as the turbines of the Belo Monte Dam have begun turning, the fight for justice continues. The ongoing operation of the world’s third largest dam—corrupt and careless as it is—cannot stop us. In fact, each new allegation of corruption and abuse only fuels our desire for justice for those who have been affected by the dam. And our most important battle is now strongly underway: our case before the Inter-American Commission on Human Rights, which opened for processing at the close of last year.  In it, we’re working to hold Brazil accountable for the countless human rights violations that have been committed in the name of the Belo Monte dam: the absence of consultation with and free, prior and informed consent of indigenous communities; the lack of adequate assessment of environmental and social impacts; forced displacement; and severe violations to the rights of indigenous peoples, riverine communities and residents of Altamira. We’re in the process of getting the case admitted before the Commission, so they can establish—as an independent, international body—if these violations occurred and whether the State must respond for them. As part of the process, Brazil had to respond to our allegations before the Commission. We received their response on August 9 and have just submitted our legal submission to counter their claims.  We need to ensure Commission understands the importance of their role in investigating the human rights abuses that have been suffered due to Belo Monte. Even as I write this, the State and dam operators continue to blatantly disregard the human rights of the people of the Xingu River basin, living in the dam’s shadow. On September 1, for instance, the dam’s operating license was suspended yet again because sanitation systems in the city of Altamira—a legal obligation operators were required to meet long ago—were never installed. Wastewater still floods the streets of Altamira, and threatens to turn Belo Monte’s reservoir into a stagnant pool of sewage. Unfortunately, as with many legal decisions attempting to protect the rights of those affected, the suspension was overturned a few weeks later. It’s clear the forces behind Belo Monte have no respect for the environment in which they’re working, and even less for the local people who depend upon the river and forests for their survival. Many of the people we represent live in the neighborhoods of Altamira, and are exposed to raw sewage. Those who live outside the city have been displaced from their land, cut off from their primary water source, or have had their way of life destroyed.  We must ensure the Brazilian State is held accountable for the immense environmental and social damage the dam has caused. Rest assured, we won’t stop until we achieve justice for the people of the Xingú.

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