Human Rights

Vista panorámica de la ciudad de La Oroya, Perú.

March 22 2024 Toxic Pollution, Human Rights, Mining

Inter-American Court ruling on La Oroya case sets key precedent for the protection of a healthy environment

The Court found Peru responsible for violating the rights of residents of La Oroya, who have been exposed to unsafe levels of toxic contamination for generations. San José, Costa Rica. The ruling of the Inter-American Court of Human Rights in the case "Community of La Oroya vs. Peru" sets an important precedent for the protection of the right to a healthy environment across the Americas and for adequate state oversight of corporate activities. The first-of-its-kind decision holds Peru accountable for its failure to protect the inhabitants of the Andean city of La Oroya who were exposed to toxic pollution from a smelter complex that operated without adequate pollution controls for a century.The Inter-American Court heard the case in a public hearing against Peru. In the absence of effective responses at the national level and on behalf of the victims, an international coalition of organizations filed a complaint against Peru before the Inter-American Commission on Human Rights in 2006. In October 2021, the Commission established the Peruvian government's responsibility in the case and referred it to the Inter-American Court. In October 2022, more than 16 years after the filing of the complaint, the victims presented the case before the Court in a public hearing, represented by the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), with the support of Earthjustice."This ruling is a very important step forward and a key precedent for environmental justice in Latin America, as it is the first case in which the Court recognizes a state’s responsibility for violating the right to a healthy environment and the impact this has on the guarantee of several other rights," said Liliana Avila, coordinator of AIDA's Human Rights and Environment Program. "The Court also referred to the collective and individual dimensions of this right, acknowledging the differential impact of its violation on children, women and the elderly, and the important role of environmental defenders."In its judgment, published on March 22, 2024, the international court established the Peru’s responsibility for the violation of the rights to a healthy environment, health, personal integrity, life with dignity, access to information, political participation, judicial guarantees and judicial protection of the 80 people involved in the case; for the violation of the rights of the children of 57 victims; and for the violation of the right to life of two victims. The Court also concluded that the State was responsible for violating the obligation of progressive development by adopting regressive measures in environmental protection."The decision is a fundamental precedent in international law that establishes the parameters of the State's obligation to regulate, control and remediate the effects of environmental pollution, as well as the obligations derived from the right to a healthy environment as an autonomous right and its interdependence and indivisibility with other fundamental rights of human existence, such as health, life and personal integrity," said Christian Huaylinos, Legal Coordinator of APRODEH. "It is also a great satisfaction for the victim’s two decades long struggle.”For more than 20 years, the residents of La Oroya have been seeking justice and redress for the widespread contamination caused by the La Oroya smelter complex, which was operated by Doe Run Peru from 1997 to 2009. The town has been recognized as one of the most polluted places on the planet."Twenty years ago, when this fight started, I was carrying my banner saying that the health of the children is worth more than gold," recalls Don Pablo, a resident of La Oroya. "We never gave up, and now I am very happy with the Court's decision."In the judgment, the Court ordered the State of Peru to adopt comprehensive reparation measures for the damage caused to the population of La Oroya, including identifying, prosecuting and, where appropriate, punishing those responsible for the harassment of the victims; determining the state of contamination of the air, water and soil and preparing an environmental remediation plan; providing free medical care to the victims and guaranteeing specialized care to residents with symptoms and illnesses related to contamination from mining and metallurgical activities; ensuring the effectiveness of the city's warning system and developing a system for monitoring the quality of air, water, and soil; ensuring that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health; providing monetary compensation to victims for material and non-material damages."What we expect now is that the ruling will be implemented, that for the first time the State will fulfill its obligations and guarantee our rights as environmental defenders," said Yolanda Zurita, a resident of La Oroya and a petitioner in the case. "Compliance with this ruling is the least we expect from a state that is committed to guaranteeing the rights of its citizens."Since 1999, the government of Peru has known that almost all the children living near the complex suffer from lead poisoning yet failed to offer proper medical care and remediation. For decades, the population of La Oroya was exposed to extreme levels of lead and other harmful contaminants, including arsenic, cadmium, and sulfur dioxide. Nearly all the children in the case have had lead and other heavy metals in their blood at concentrations many times higher than the guidelines established by the World Health Organization. And many residents suffer from chronic respiratory illness, in addition to stress, anxiety, skin problems, stomach problems, chronic headaches, and heart problems, among others."This ruling issues a warning to governments across the Americas that they cannot sit idly by while multinational corporations poison local communities. Corporations will now be on notice that exposing families to unhealthy levels of industrial pollution is a violation of international law and governments must hold polluters accountable,” said Jacob Kopas, Earthjustice senior attorney. ResourcesCourt's press release on the judgment, available here (in Spanish).Official summary of the judgment, available here (in Spanish).Full text of the judgment, available here (in Spanish).Background information on the case, available here.Folder with photographs, available here.Press contactVíctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +521 70522107

March 08 2024 Climate Change, Human Rights

Communities in Nicaragua win Green Climate Fund withdrawal from project that violated their rights

In an unprecedented decision resolving a complaint filed in 2021, the Green Climate Fund terminated a forestry project because the developers failed to comply with the Fund's policies and procedures on socio-environmental safeguards. This non-compliance violated the human rights of indigenous and Afro-descendant communities. The Green Climate Fund, the world's leading multilateral climate finance institution, decided to terminate funding for a forest conservation project in Nicaragua because the developers failed to comply with the institution's policies and procedures on socio-environmental safeguards. The non-compliance violated the rights of indigenous and Afro-descendant communities, as the project threatened to exacerbate the situation of violence from which they were already suffering. The Fund had not made any disbursements for the project and project implementation had not yet begun.The decision, the first of its kind in the Fund's history, is in response to a complaint filed in June 2021 by representatives of the affected communities, with the support of local and international organizations, with the Fund's Independent Redress Mechanism. The Independent Redress Mechanism hears complaints from people who are or may be affected by projects or programs financed by the Fund."This decision is a recognition of the tireless efforts of the communities behind the case, who were able to demonstrate the difficult situation they face, as well as a reminder of the importance of involving local communities in all stages of a project, from its conception," said Florencia Ortúzar, Senior Attorney at AIDA, one of the organizations that accompanied and provided legal support to the complaint process.In the complaint, the communities argued that implementing the project— called Bio-CLIMA: Integrated Climate Action to Reduce Deforestation and Strengthen Resilience in the BOSAWAS and Río San Juan Biospheres— would have serious impacts because:There was no adequate disclosure of information, no indigenous consultation, and no free, prior, and informed consent.The project would cause environmental degradation and increase violence against indigenous communities due to land colonization.The conditions imposed by the Fund's Board of Directors for project approval (including independent monitoring of project implementation and ensuring the legitimate participation of indigenous peoples) were not met.There was a lack of confidence in the Central American Bank for Economic Integration, the entity accredited to channel the funds, as to its compliance with the Fund's policies.There was a lack of confidence in the ability of the Government of Nicaragua, as the implementing agency, to fulfill its obligations in the execution of the project. The goal of the project, for which the Fund committed $64 million USD in 2020, was to restore degraded forest landscapes in Nicaragua's most biodiverse region (home to 80 percent of the country's forests and most of its indigenous peoples) and to channel investments toward sustainable land and forest management.However, the project was designed without adequate consultation, with a complete lack of transparency on the part of the sponsoring bank and ignoring the difficult context of violence and lack of human rights protection still suffered by indigenous communities in Nicaragua, particularly in the project area.In recent decades, the harsh local situation has only worsened because of organized crime, drug trafficking, the expansion of agriculture and cattle ranching, and the promotion of extractivist policies, as well as the lack of state protection.The investigation launched by the Independent Reparations Mechanism, which included field work and face-to-face and virtual interviews with all stakeholders, confirmed some of the allegations made in the complaint, including the lack of adequate consultation processes and the lack of free, prior, and informed consent of the affected communities. This is stated in the investigation’s final report.In July 2023, the Fund's Board of Directors, which was called upon to decide on the future of the project based on the Investigation Report, delegated the task to the Fund's Secretariat. As a result, neither the IRM nor the claimants had any further say in the matter.Finally, on March 7 of this year, the Secretariat announced its decision: to terminate the project's financing agreement, acknowledging that the developers had failed to comply with the Fund's policies, as alleged by the communities in the complaint."The decision is a valuable lesson for the Green Climate Fund, whose policies and safeguards exist to prevent these unfortunate situations and must be applied rigorously and consistently from the conception of projects seeking funding," said Ortúzar. Press contactVíctor Quintanilla (Mexico), AIDA, [email protected], +52 5570522107

March 04 2024 Large Dams, Indigenous Rights, Mining

Defending the Volta Grande do Xingu in the Brazilian Amazon

"Certain lives exist only in the Xingu River, mine is one of them. And also that of the indigenous and riverine peoples. Can these lives be destroyed?” The question posed by Sara Rodrigues Lima - a local river dweller, fisherman and researcher - highlights the paradox that one of the most biodiverse, ecologically, climatically and culturally important regions in the world is also one of the most affected by socio-environmental impacts. The Volta Grande (or "Big Bend") of the Xingu River, located in the heart of the Brazilian Amazon, is home to a unique ecosystem and is a key region for the conservation of global biodiversity. For centuries, it has been home to indigenous and riverine peoples who have shared ownership of the river and the Amazonian rainforest, providing sources of food, water, identity, culture and mobility, among other things. This link has translated into livelihood systems based on caring for and defending the territory and their own existence, which are now severely threatened. Since 2015, this region has been the target of large extractive projects that threaten the livelihoods and physical and cultural survival of traditional peoples and communities. This has been accompanied by violence against people defending this Amazonian territory. In order to deal with this situation, the affected peoples and civil society have created a network that unites and strengthens their efforts. The Alliance for the Volta Grande do Xingu, formed by social movements and organizations, including AIDA, supports and coordinates actions to defend the region as a living and healthy territory. The coalition has taken the case to the United Nations. The cumulative impact of two megaprojects One of these projects is the Belo Monte dam, whose construction has caused irreparable environmental damage and human rights violations for several generations. The drought caused by the diversion of the river to generate electricity, as well as the ineffectiveness of the mitigation measures implemented, have led to an ecological and humanitarian collapse in the Volta Grande. Currently, thousands of traditional families are suffering from the death of fish, extinction of fishing, lack of food security, impoverishment, physical and mental illnesses. Another major threat to the region and its traditional inhabitants is the Volta Grande project, where the Canadian company Belo Sun intends to build the largest open-pit gold mine in Brazil. The coexistence of the two projects poses the risk of overlapping areas of direct impact. In this scenario, the potential damage to the environment and to indigenous and riverine peoples will be irreversible. The Belo Sun project is proposed to be built less than 10 kilometers from the Belo Monte dam, on the banks of the Xingu River, in the midst of indigenous lands, protected areas and traditional communities. The magnitude of the synergistic and cumulative impacts of the mine and hydroelectric dam has not been assessed. Also ignored were technical analyses that pointed to the serious impacts of the use of cyanide, the contamination of the river, and the risks of a dam breach that, if it were to occur, would flood 41 kilometers along the river and reach nearby indigenous lands. In addition, the state excluded indigenous peoples, riverine and peasant communities from the environmental licensing process for the mining project. Because they live outside the demarcated indigenous lands or more than 10 kilometers from the project, some indigenous peoples were not considered affected or consulted about the implementation of the project. The lack of consultation and public participation of indigenous and riverine peoples led Brazilian courts to order the suspension of the mining company's operating license. Violence and threats against human rights defenders The arrival of Belo Sun in the area is a serious intervention in the socio-cultural environment of the Volta Grande do Xingu. The overlapping of the mining project in a territorial polygon inhabited by traditional peoples, rural groups benefiting from the agrarian reform, and artisanal miners has led to community divisions and violence against those who oppose the mine. In the context of the project's development, there have been reports of illegal land purchase and sale contracts to evict rural families, threats to the area's inhabitants by private security companies, and violence against peasants claiming agrarian reform lands acquired by the mining company, which are the subject of legal proceedings. Threats of violence against environmental and human rights defenders have also increased in intensity and severity. Some of them have had to leave the area to protect their lives, and those who remain in the area face constant risks and threats. Defending the Volta Grande and its people before the United Nations One of the most important actions of the Alliance for the Volta Grande do Xingu has to do with advocacy in the Universal Periodic Review (UPR), a special process of periodic review of the human rights record of the 193 member states of the United Nations. At Canada's fourth UPR cycle in Geneva in August 2023, more than 50 civil society organizations and communities affected by Canadian business activities presented a report highlighting human rights abuses from 37 projects in nine countries in Latin America and the Caribbean, including Belo Sun's Volta Grande project. The document includes recommendations to ensure that states exercise effective environmental oversight that requires human rights due diligence on the part of companies operating in their territories. One of the defenders of the Volta Grande was part of the delegation in Geneva. In addition to denouncing the abuses suffered, he reported on the risks posed by the socio-environmental impact of the Belo Sun project. More than 20 countries and 13 permanent missions and UN agencies took note of the situation in the region. The results of Canada's fourth UPR cycle, released last month, include 34 recommendations directly related to the Alliance's report. Canada has not yet accepted these recommendations, but may do so at the next session of the UN Human Rights Council, which concludes on April 5. As a follow-up to the UPR advocacy, the Alliance submitted reports on the impact of the Belo Sun project to UN Special Rapporteurs. One of them, sent to the Special Rapporteur on Human Rights Defenders of the Inter-American Commission on Human Rights, focuses on the situation of vulnerability and criminalization of human rights defenders. Similarly, the Alliance submitted a report to the UN Committee on Economic, Social and Cultural Rights highlighting the human rights violations committed by Brazil in the Belo Monte and Belo Sun cases, as well as the lack of effective measures to require human rights due diligence by the companies responsible for these projects. Networking in these international spaces to expose the pattern of environmental impacts and human rights violations of extractive economic projects in Amazonian territories has been one of the alliance's strategies of resistance and denunciation. The conservation of the Amazon and the protection of its peoples are incompatible with the large-scale mining planned by Belo Sun. States have an obligation to prevent serious and irreversible damage to the environment and the population. In the case of Belo Sun, Brazil has the opportunity to avoid repeating the environmental tragedy of Belo Monte and to declare definitively that the mining project is unsustainable from a socio-environmental point of view. The road to these demands and the achievement of these goals will be full of challenges and struggles. But courage and resisting are inherent to those who live in and defend the Amazon. The defense of the Xingu River Basin as a free, vibrant, healthy and safe territory for its peoples and its defenders is an urgent call for social mobilization for the social-ecological protection of one of the world's most important ecosystems.

Lagunas de Siecha, Parque Nacional Natural Chingaza, Colombia.

February 26 2024 Toxic Pollution, Climate Change, Human Rights

Forest fires: How can we help prevent them?

The recent huge fire in the Valparaíso region of Chile has been described as the country's biggest disaster since the 2010 earthquake. But this year, as in previous years, forest fires and their deadly consequences are not an isolated phenomenon in Latin America. In Colombia, the fires forced the government to declare a national disaster and prompted civil society to call for comprehensive protection of Colombia's forests and páramos. Fire also reached part of Argentina's Patagonia region. Ninety percent of forest fires are caused by humans, particularly through activities such as logging and slash-and-burn agriculture. The climate crisis is contributing to their greater intensity and frequency, increasing the risks to forests, species and communities. In addition, wildfires affect air quality and thus human health If this situation is the result of our actions, it is also in our hands to prevent it. What can we do to prevent fires? Here are some actions that different actors in society can take to contribute to this important task. What can governments do? Design and implement laws to ensure forest security and ensure compliance with existing laws. Develop education campaigns to raise public awareness of the importance of forests and how to care for them. Strengthen fire prevention and suppression infrastructure, including spray planes, containment barriers, and technology to constantly monitor the health of forests. What can businesses do? Reduce emissions of gases that heat the atmosphere and increase the risk of wildfires by switching to cleaner energy sources. If flammable waste is generated, implement policies to dispose of it responsibly. Train their work teams to respond to these types of disasters. Promote best practices that help protect the environment. What can citizens do? Organize garbage collection groups and avoid making campfires and/or practicing livestock and agricultural activities in the forest. Obtain and disseminate quality information about the importance of these ecosystems for life on the planet. Follow safety instructions, such as wearing masks and/or evacuating smoke-contaminated areas. Be vigilant and make sure we know how to report fires and what action plans are in place to protect our nearby forests. It is essential that governments, businesses and citizens work as a team to protect forests and promote a culture that cares for the environment and all life.

Montones de sal en el salar de Uyuni, Bolivia

February 20 2024 Indigenous Rights, Mining, Freshwater Sources

Lithium unveiled: Origins, extraction and environmental implications

One of the paradoxes of the energy transition is that it replaces the use of fossil fuels with mineral resources whose extraction and refining can have negative impacts on ecosystems, species and communities. This is happening with lithium, a mineral that has traditionally been used in glass and ceramics to provide greater adhesion and hardness, but is now being used primarily to make the batteries required by technologies that eliminate or reduce the use of fossil fuels. This has led to an increase in its demand. The serious social and environmental impacts of its extraction have been hidden or minimized. What makes lithium special? Lithium is a mineral in high demand due to its unique properties: It is the lightest metal with the highest electrochemical potential. It has a high energy storage capacity. It is malleable, so it can be adapted to different sizes, shapes and designs. These qualities make it a key material in the manufacture of batteries for cell phones, computers and, most importantly, electric vehicles. Lithium is considered key to the energy transition because it can be used to store non-conventional renewable energy, such as wind and photovoltaic power. Where it is: The so-called "lithium triangle"? The primary sources of lithium are salt flats, which are wetlands covered with a saline crust that contain brines, bodies of water in which many salts and elements, including lithium, are dissolved. Salt flats are attractive to the mining industry because of the relative technical ease of exploitation, low operating costs and low energy requirements to extract lithium from them compared to other sources. Worldwide, the salt flats of Argentina, Bolivia and Chile account for 54 percent of lithium resources (potentially mineable material). In addition, Argentina and Chile hold 46 percent of the world's lithium reserves (the portion of known resources with a high level of confidence and proven economic viability). The mining industry has dubbed the region where the mineral is concentrated the "Lithium Triangle" - because that is all they see there - which includes northeastern Argentina, northern Chile and southern Bolivia. But there is much more than lithium in this region. There are also communities, ecosystems and species that depend on these salt flats. The region's inhabitants are engaged in small-scale ranching and subsistence agriculture, activities that require water, an already scarce resource in these latitudes. How is lithium mined from the salt flats? The procedure is as follows: The salt flat is drilled. The brine is poured into large pools or basins. Wait for the water to evaporate so that the lithium concentration increases. When the concentration is sufficient, the brine is sent to an industrial plant. The brine is chemically treated to produce lithium carbonate, which is marketed for battery production. Lithium extraction, especially by this method, involves huge consumption and loss of water because: Water is lost in pumping brine. Evaporation in ponds requires two million liters of water for every ton of lithium produced. Water is also needed in the final processes to obtain lithium carbonate and separate it from the rest of the compound. Lithium mining is threatening South America's salt flats, which are Andean wetlands, affecting local water availability and threatening the survival of communities and species living around these fragile ecosystems. The energy transition is urgent, but it must be equitable and not at the expense of other natural resource extraction that endangers people and the environment. sources -Maritza Tapia, “Claves del litio: el metal más liviano y con mayor potencial electroquímico”, Universidad de Chile. -Heinrich Böll Stiftung Colombia, “Litio: los costos sociales y ambientales de la transición energética global”. -Florencia Ballarino, “¿Qué es el litio, para qué sirve y de dónde se extrae en la Argentina?”, Chequeado. -Wetlands International, “El impacto de la minería de litio en los Humedales Altoandinos”. -Rodolfo Chisleanchi, “‘Triángulo de litio’: la amenaza a los salares de Bolivia, Chile y Argentina”, Mongabay Latam. -U.S. Geological Survey, Mineral Commodity Summaries, January 2023, “Lithium”.

Plenaria de cierre de la la vigésimo octava Conferencia de las Naciones Unidas sobre el Cambio Climático (COP28) en Dubai.

January 31 2024 Climate Change, Human Rights

After COP28 in Dubai: The complex road to Baku and Belém

By Javier Dávalos, Claudia Velarde and Marcella Ribeiro* The twenty-eighth United Nations Climate Change Conference (COP28), held in Dubai, United Arab Emirates, was the largest ever in terms of the number of participants. The representatives of the States Parties to the United Nations Framework Convention on Climate Change and the Paris Agreement held intense discussions under the scrutiny of stakeholders from various sectors. The final results lack the clarity and ambition needed to define the next round of Nationally Determined Contributions (NDCs). However, the fact that for the first time in almost 30 years all fossil fuels (coal, oil and gas) were mentioned in the main decision of the meeting represents a before and after in climate negotiations. This fact also marks the way towards the next conferences: COP29 in Baku (Azerbaijan) and COP30 in Belém do Pará (Brazil). Below we take stock of COP28 and analyze its implications for the future of climate action in Latin America and the Caribbean. Progress at COP28 For the first time, the outcome document mentioned the need for a transition away from fossil fuels in energy systems in a fair, orderly and equitable manner, accelerating action in this critical decade. The text of the global stocktake of the state of implementation of the Paris Agreement also clearly stated the goals of tripling renewable energy and doubling energy efficiency. The Glasgow target for reducing methane emissions by 2030 was affirmed, as was the exit from inefficient fossil fuel subsidies. Key elements of the work program on just transition pathways were defined, including its scope, objectives, results and institutional arrangements. What was missing at COP28 With regard to the energy transition, there was a need for greater determination to close the door on false climate solutions. On the one hand, there was a call to accelerate nuclear energy and abatement and elimination technologies (carbon capture, utilization and storage) and, on the other, it was noted that "transition fuels" could facilitate this process while ensuring energy security, implicitly giving a free pass to fossil gas. In terms of adaptation, no real progress was made towards a framework for climate action based on the protection of the ocean, wetlands and forests. Nor was there reinforcement of operational synergies between the key policy processes governing terrestrial, freshwater, coastal and marine ecosystems worldwide. While the first step was taken to operationalize the Loss and Damage Fund, the decision did not include a reference to human rights in its objectives and mission. In addition, it limited the participation of indigenous peoples and local communities on the Board of the Fund under the category of invited observers. It also failed to mention the principle of common but differentiated responsibilities, meaning that the fund would be financed solely by grants. In addition, the World Bank was designated as the fund's administrator, putting at risk that the communities most affected by the impacts of the climate crisis would have access to resources in an agile, direct and debt-free manner. Regarding the just transition, it was not recognized that the energy transition puts different pressures on the territories where raw materials or critical minerals such as lithium, copper and cobalt are obtained. This affects Latin America in particular. As a result, developed and developing nations disagreed on whether to keep the transition at the national or international level. And so the transition was not considered an integral and plural transformation process that implies creating socio-political conditions to restructure the organization, ownership and distribution of the current production and consumption systems for the enjoyment of the right to energy. The countries failed to reach an agreement on the substantive elements of the new quantified financing target. Progress was limited to definitions of the process and procedures for defining it. In 2024, there will be at least three technical dialogues to discuss the elements of the target such as amounts, timelines, financing targets by area, and how progress will be measured. What's next: Heading towards COP29 and COP30 The next climate conferences will have to navigate complex contexts, marked by the long-standing crisis of multilateralism, the unfair distribution of burdens for the energy transition—particularly in terms of the exploitation of critical minerals—,and the growing co-optation of negotiations by the corporate interests of fossil-related companies. In this context, the performance of Latin American countries at COP28 is an indication of how their positions for COP29 and COP30 will be constructed: Brazil sought to position itself as a "climate champion" but could not hide its strong fossil fuel extraction agenda. As host of the upcoming COP30, Brazil tried and failed to explain away membership in the expanded Organization of the Petroleum Exporting Countries (OPEC+) without success. Then, days after COP28, it tendered 613 oil blocks in the Amazon with a view to becoming the world's fourth largest oil producer by 2030. Despite this, Brazil created a new work program on the goal of limiting global warming to 1.5 degrees Celsius, which it will take as a banner to COP30, together with the protection of nature and the fight against deforestation. Colombia, for its part, was the most vocal leader on the urgent need for transition, announcing its accession to the Fossil Fuel Non-Proliferation Treaty and maintaining clear interventions on the exit from fossil fuels in its panels and public interventions, which positions it as a regional leader for the upcoming conferences. Ecuador missed the opportunity to obtain funding and support from the international community to implement the Ecuadorian people's decision to close the ITT oil field in Yasuni Park. This omission could be remedied at COP29 because, beyond the delicate internal context, the South American country has just under a year to comply with the legal obligation to implement this decision and the international community can and should support the decision to close the ITT oil field in Yasuní Park. In another area, and within the process of the Advisory Opinion on the Climate Emergency, AIDA, together with other organizations, requested that the Inter-American Court of Human Rights refer to the decision adopted at COP28 regarding the Loss and Damage Fund, as it does not comply with or satisfy the obligations of States under international human rights law. It is expected that the Court will recognize the right to climate reparations and clarify that the establishment, implementation and operation of this fund does not exclude the possibility of making claims for reparations for losses and damages, nor does it block other judicial or administrative processes, measures or mechanisms for access to justice and comprehensive reparations for people affected by climate impacts. *Javier Dávalos is coordinator of AIDA's Climate Program, Claudia Velarde is co-coordinator of the Ecosystems Program, and Marcella Ribeiro is a senior attorney with the Human Rights and Environment Program.

January 31 2024 Oceans, Freshwater Sources, Climate Change

Our vision for a just future

Latin America is key to protecting biodiversity and combating the global climate crisis. Its forests, wetlands and marine ecosystems are among the most important carbon sinks on the planet, a service weakened by activities such as the exploitation and use of fossil fuels. At AIDA, we envision a region where the environment and communities, especially those in highly vulnerable situations, have lasting protections. To achieve this, we select precedent-setting cases that result in new, replicable tools and strategies that add to the protection of a healthy environment in the region. Having celebrated 25 years of working for the right to a healthy environment in the region, AIDA is poised to enter a new quarter century as a robust, multidisciplinary organization. In the coming years, we will continue and strengthen our pursuit of environmental and climate justice through two interconnected initiatives, each with defined lines of work: 1. Promotion of a just energy transition A just energy transition implies transforming the power relations between those who pollute the most and the rest of the world, avoiding the deepening of socio-environmental conflicts and protecting the rights of communities and people involved in energy generation processes. As this is an issue that cannot be addressed only at the national level, AIDA will contribute its regional vision to increase the scope of local and national decisions, enhance legal strategies, and strengthen a proposal for the continent’s transition. We will focus on: Avoiding dependence on oil and gas. Halting the extraction and use of coal. Promoting renewable and sustainable energies. Advocating for human rights-based climate finance and governance. 2. Protection of life-sustaining systems The ecosystem services that sustain life in Latin America and the world—including natural carbon capture and storage to mitigate the climate crisis, and the provision of clean food, air, and water - are at risk due to the lack of ambitious and effective actions. To ensure the livelihoods of life systems on the continent, both in rural communities and large cities, AIDA will focus its efforts on: Protecting the ocean, from the coasts to the high seas. Preserving freshwater sources and traditional territories. Defending culture and traditional livelihoods. Improving air quality. In the coming years, from our regional perspective, we will continue to contribute to solutions that center nature and communities, and that effectively address the continent’s social and environmental challenges.

January 30 2024 Coral reefs, Oceans, Freshwater Sources

The triple planetary crisis: What is it and what can we do about it?

You may have heard that humanity is facing "a triple planetary crisis.” In the words of United Nations Secretary-General António Guterres, this crisis "threatens the well-being and survival of millions of people around the world." But what exactly does it mean? The triple planetary crisis refers to three interrelated problems: climate change, pollution, and biodiversity loss. Each of these problems is a crisis with its own causes and effects, but all three converge and feed on each other. All three affect human rights, and more intensely impact people in vulnerable conditions. The climate crisis The United Nations considers climate change to be humanity's most urgent problem and the greatest threat to human rights. Climate change, which involves long-term changes to the planet's temperatures and weather patterns, can completely alter ecosystems. Although changes in climate can occur due to the natural patterns of the planet, what we are facing is caused by human activities. Since the Industrial Revolution, there has been an accelerated change in the planet's average temperatures. One of the primary causes of that change is the exploitation and use of fossil fuels. The climate crisis, then, refers to the consequences of climate change caused by human activities, which include: an increase in the intensity and severity of natural events such as droughts, fires, and storms; rising sea levels and the melting of the poles; changes in the hydrological and climatic cycles that affect biodiversity; and impacts on the enjoyment of human rights. The pollution and waste crisis The dominant economic system, dependent on consumption, implies the generation of high levels of pollution and waste that have a great impact on human and ecosystem health. Air pollution is the leading cause of disease and premature death worldwide. The World Health Organization estimates that 7 million people die prematurely each year because of poor air quality. Air degradation is caused by emissions from factories, transportation, and forest fires. Those who lack access to less harmful technologies for cooking or keeping warm also breathe polluted air in their homes. Air pollution is related to climate change, as many of the emissions also warm the planet. Pollution caused by plastics and microplastics is another global concern, as it directly affects biodiversity. An increasing number of studies are finding that plastics are affecting the health of people and other living things. They take centuries to decompose, and are derived from petroleum, a fossil fuel. And we can’t forget pollution caused by extractive activities which, in addition to generating greenhouse gas emissions and leaving in their wake chemicals that are toxic to health, degrade freshwater sources and large tracts of land. The biodiversity loss crisis Biodiversity loss refers to the decrease and disappearance of biological diversity: flora, fauna, and ecosystems. This crisis is caused by the two previous crises, in addition to the overexploitation of resources and changes in land use—which cause overfishing, illegal hunting and trafficking, and deforestation—and the introduction of non-native and invasive species. This loss also implies the decline of many of the species on which we depend. Its impacts extend to affect food supplies and access to fresh water. One example is the Amazon, the world's largest tropical forest and a global climate stabilizer. It is home to 10 percent of the planet's known biodiversity and is the ancestral home of more than 470 indigenous and traditional peoples. The Amazon is endangered by colonization, deforestation, and extractive activities, among other threats. The situation is so serious that the point of no return for the Amazon, in which deforestation levels cancel out its capacity for regeneration, is no longer a future scenario. Actions to confront the triple planetary crisis The triple planetary crisis is a complex problem involving diverse stakeholders and requiring multidisciplinary solutions. Although local actions and individual lifestyle changes can help, many of the necessary actions require decisions on a global scale and profound changes to economic, political, and social systems. According to the United Nations, global actions to confront the crises must include: Limiting global temperature increase to 1.5 degrees: this means that global emissions should be reduced by 45 percent by 2030, with the goal of achieving carbon neutrality by 2050. Accelerating the expansion of clean renewable energies: to achieve the above, a drastic reduction in the use of fossil fuels is required to make way for energy systems based on renewable sources that are sustainable over time and respectful of the environment and people. In addition to combating climate change, this would reduce air pollution. Investing in adaptation and resilience: this means considering those who are already suffering the impacts of the climate crisis in the solutions, with emphasis on the nations, people, and communities in vulnerable situations and who are least responsible for these crises. Conserving and protecting 30 percent of the planet: this applies particularly to areas of biodiversity importance, including the ocean. It also implies actions to mitigate climate change. Improving the food system: this includes changes in irrigation and soil management, as well as producing healthier food and reducing food waste. Leaving no one behind: the measures described above must be carried out simultaneously and with a focus on protecting human rights, as they represent an opportunity to reduce the inequalities that are both a cause and a consequence of the crises. Making progress before the triple crisis These crises threaten not only our basic sources of livelihood, but even our mental health. And while much remains to be done, progress has been made that demonstrates the global cooperation needed to advance on a large scale. We’re happy to share some recent examples of global progress: The High Seas Treaty, designed to protect two-thirds of the ocean, was adopted in June 2023, and will need to be ratified by 60 countries before entering into force. The United Nations recognized the right to a clean, healthy, and sustainable environment as a universal right. 175 nations agreed to develop a global instrument to address plastic pollution. The steps we take as individuals help us to act locally: to live our values and contribute to our communities. But it’s also important we think globally, and demand that our representatives in decision-making bodies guarantee widespread participation and commit to taking key and concerted actions.

Parque Nacional Yasuní, Amazonía, Ecuador.

December 20 2023 Oceans, Freshwater Sources, Climate Change

10 positive advances for the environment in Latin America in 2023

It has been a tumultuous year for the world in many ways, and the climate crisis remains one of the greatest challenges we face as a human race. However, it is always worthwhile to assess and recognize the progress made in the quest for environmental and climate justice. So, as we close 2023, let’s celebrate the agreements, decisions, and milestones that give us hope as we continue to defend the planet and all the creatures that call it home. 1. The world has a treaty to preserve life on the high seas. After two long weeks of final negotiations, and decades of previous work, United Nations member states have agreed on a High Seas Treaty to protect two-thirds of the ocean, representing nearly half of the surface of the planet. The new treaty will provide a blueprint for establishing protected areas on the high seas and for assessing and managing human activities that could affect life in this vast area. It will also help achieve the global goal of protecting 30 percent of the ocean by 2030. It has been signed by nearly 80 countries and is in the process of ratification to enter into force. 2. The Ecuadorian people decide to protect the Amazon. Ecuador held a popular consultation to decide whether to stop oil exploration in part of the Yasuní National Park, one of the most biodiverse areas on the planet. The great news is that about 60 percent of the population chose to protect this region of the Amazon, leaving some of the oil in the ground. By recognizing the value of a key ecosystem for stabilizing the global climate, this result transcends national boundaries. It is a hopeful sign of climate ambition that can drive the necessary just energy transition worldwide. 3. The UN recognizes activism for the right to a healthy environment. The United Nations has awarded the 2023 Human Rights Prize to the Global Coalition of Civil Society, Indigenous Peoples, Social Movements and Local Communities for the Universal Recognition of the Human Right to a Clean, Healthy and Sustainable Environment. The prize is awarded every five years, and this is the first time since its inception that it has been given to a global coalition. It recognizes the coalition's essential role in the recognition of the right to a healthy environment by the UN General Assembly in 2022, as well as decades of civil society efforts and spaces for public participation. 4. Support grows for moratorium on deep-sea mining. There is currently a call for the International Seabed Authority to pause negotiations on the regulation of undersea mineral exploitation while the necessary information is gathered to understand the impact of this extractive activity on the ocean, species, and people. Mexico was the most recent signatory in November, joining other countries of the region— including Brazil, Chile, Costa Rica, Ecuador, Panama, and the Dominican Republic— in calling for a moratorium on deep-sea mining. You can join their efforts and learn more by following the hashtag #DefendTheDeep. 5. A Fossil Fuel Non-Proliferation Treaty is in the making. Colombia, a major coal producer, was the first Latin American country to join the call for a Fossil Fuel Non-Proliferation Treaty, a global initiative to complement the Paris Agreement. Cities, elected officials, and international organizations such as the World Health Organization have joined the call. The goal of the proposal, led by Pacific Island countries, is to create a follow-up plan to halt the expansion of fossil fuel use and initiate a just transition. For more information, visit the Fossil Fuels Treaty website. 6. There are signs of hope for a "sacrifice zone" in Chile. Although much remains to be done, recent events give hope that things may be looking up in Quintero and Puchuncaví bays, whose residents have suffered decades of pollution from a series of companies. In May, after 58 years of operation, the furnaces and boilers of the Ventanas smelter were finally shut down. Similarly, the multinational company that owns the Ventanas II thermoelectric plant, also located in the bay, announced its definitive closure by the end of this year. Furthermore, the Supreme Court has issued three rulings related to the failure to comply with a 2019 judgment—which orders the state to adopt 15 measures to identify the sources of contamination and repair the environmental situation in the area—and provides tools for its enforcement. Read more about the case in Chao Carbón. 7. Court rules the Colombia must take concrete climate action. Within one year, Colombia's Ministry of Environment and Sustainable Development must adopt concrete measures to adapt to and mitigate the climate crisis. This order was issued by the Council of State, a high court, as the result of a lawsuit alleging that the ministry had failed to comply with the climate commitments contained in national legislation. Colombia, as the largest exporter of thermal coal in Latin America, has an obligation to include in its climate commitments the real dimension of the impacts of extracting, transporting, and burning coal. This case could become a precedent for strategic and successful climate litigation at the regional and international levels. 8. Cajamarca, Colombia continues to set an example for environmental democracy. Popular consultations will be respected. A Colombian court made this clear by upholding the legality of the popular consultation in which the people of Cajamarca rejected AngloGold Ashanti's La Colosa gold mega-mining project. The ruling represents a triumph for participatory democracy and the defense of peasant territories against extractivism. It sets an important precedent for respecting other popular consultations throughout the country and serves as an example for the rest of the region. 9. A regional alliance to protect Andean wetlands is born. The Alliance for Andean Wetlands is a coalition of social and environmental organizations that aims to promote the protection and conservation of Andean wetlands, water, biodiversity, territories, and the lives of indigenous and campesino communities in Latin America, particularly in Argentina, Bolivia, and Chile. Andean wetlands— including salt flats, lakes, and lagoons —are globally recognized as ecosystems of high ecological and social importance. However, they are also very fragile and threatened by the climate crisis and by extractive activities such as the mining of lithium, copper, and other minerals considered "critical" for the transition to new forms of energy production. 10. AIDA celebrates 25 years of working for a healthy environment. This year we celebrate our 25th anniversary, a quarter century of defending the right to a healthy environment in Latin America. Our journey and our impact have been made possible by a great community of allies with whom we have worked and with whom we share this year of celebration. This milestone enabled us to reflect on our accomplishments, which are reflected in our 2023 Annual Report, and to define a vision for the coming years focused on the quest for climate and environmental justice in the region. Thank you for being part of these 25 years and the decades to come!

December 15 2023 Human Rights

Right to a Healthy Environment Global Coalition awarded UN Human Rights Prize

New York — Today the Global Coalition of Civil Society, Indigenous Peoples, Social Movements, and Local Communities for the Universal Recognition of the Right to a Clean, Healthy, and Sustainable Environment accepted the prestigious 2023 United Nations Human Rights Prize in a ceremony in New York. This month also marks the 75th anniversary of the Universal Declaration of Human Rights.The coalition is recognized for its vital role in advocating for the universal recognition of the right to a healthy environment by the UN General Assembly (UNGA) in 2022. The UN Human Rights Prize is awarded once every five years to several recipients at a time. This year is the first time since its inception in 1966 that it has been granted to a global coalition.The prize was presented at a ceremony with UN leadership, including General Assembly President Dennis Francis, Secretary-General António Guterres, and High Commissioner for Human Rights Volker Türk. The award was accepted by a delegation of representatives illustrating the diversity of the coalition’s members.The ceremony took place alongside a workshop with advocates from around the world and UN and State representatives to assess progress since the recognition of the right to a healthy environment and to discuss next steps to build on that progress and ensure the effective promotion of the right.Read reactions to the announcement from the members of the coalition here.At the ceremony, the following acceptance speech was delivered by a representative of the coalition: We, Civil Society, Indigenous Peoples, Social Movements, and Local Communities in coalition for the Universal Recognition of the Human Right to a Clean, Healthy, and Sustainable Environment are honored to receive this prestigious prize acknowledging our vital role towards the UN recognition of this human right.This incredible achievement was only possible thanks to the tireless collaborative efforts of thousands of people from 143 countries who joined for this historic milestone. A process that started fifty years ago by visionaries gained momentum in 2020 when we called the UN to finally recognize this human right.First, this prize highlights the importance of truly collaborating to advance the imperative protections of our planet and our rights. No single organization, movement, or person would have been able to make it on their own, but together, our global and diverse coalition made it possible. We are humbled and proud that our efforts are recognized, evidencing to the world that working together is possible and worth it.Cooperation is just as needed for States, none of whom can, on their own, solve today’s multiple planetary crises of biodiversity loss, climate change, and pollution, aggravated by increasing inequalities. We call on States to effectively collaborate towards the solutions needed.Second, this prize reinforces the historic recognition of the right to a clean, healthy, and sustainable environment as a human right. That requires protecting the dignity of all persons, individually and collectively, substantively and procedurally, from human-made environmental degradation and climate change impacts. Affirming also the interdependence and indivisibility of human rights and the urgency to protect them from environmental threats, including systemic risks, irreversible degradation, and loss and damage.The UN recognition clarifies international human rights law and is now a powerful instrument for States to fulfill their obligations, enhance environmental justice, and guarantee all rights, especially of those in more vulnerable situations.As we witness increasing ecosystem degradation and lives lost due to pollution and climate change, this universal right can guide us toward stronger policies and practices, based on gender and intergenerational equity and the empowerment of all persons and communities. It can help in better protecting those defending the environment, including Indigenous Peoples, children, women, peasants, and other people working in rural areas.We are profoundly grateful for the recognition of our collective efforts, inspiring governments, businesses, and institutions to fulfill their responsibility and effectively protect our universal right to a clean, healthy, and sustainable environment. This is our priority, one we invite you to commit to. Thank you! Press contactsVíctor Quintanilla (Mexico), Content Coordinator at the Interamerican Association for Environmental Defense (AIDA), [email protected] Furbank, Communications Campaign Specialist at the Center for International Environmental Law, [email protected] Esther de la Rosa, Communications Coordinator at ESCR-Net [email protected]