Human Rights

Vista trasera de un padre con su hija en brazos y mirando su casa con paneles solares instalados.

June 15 2023 Climate Change, Human Rights

The dilemmas of a just energy transition

Humanity has an urgent task ahead: to transform energy systems without continuing to fill the atmosphere with warming gasses and pollutants. This is a fact proven by science. Failure to do so means that our planet will no longer be a safe haven for the the many species that call it home. The problem is that the necessary transition is far from simple. In addition to the difficulty of cutting dependence on the fossil fuels that have dominated for centuries, it turns out that not just any transition will do. It’s not just a matter of stopping to burn these fuels, we must also consider other ways to leave behind the development model that has for centuries been separating humanity into winners and losers, while violating human rights. What is a JUST transition? There is currently no single concept of what it means for the energy transition to be just. At AIDA, we believe that to be just, the transition must be equitable and inclusive, recognizing that the impacts of climate change and the necessary transition are not evenly distributed. Thus, certain groups—such as those working in traditional energy sectors and/or marginalized communities—may be disproportionately affected. To get a glimpse of the problem, it’s worth understanding that humanity today is suffering from a myriad of crises that affect the lives and well being of people, especially those in the most vulnerable conditions. These crises include the climate emergency, pollution, biodiversity loss, global pandemics and democratic crises. And at the heart of it all is social inequality, that widening gap between rich and poor that generates disparities in all aspects of life, including access to health, education and economic opportunities. These crises are interconnected and mutually reinforcing. Responses to one can help solve others, but they can also aggravate them. For example, when transitioning to clean energy sources not only helps combat climate change, but also reduces air pollution and improves public health, we are solving two problems in one. An example in the opposite direction occurs when a rapid and unchecked transition to electric mobility results in the aggressive extraction of rare minerals such as lithium, which comes from fragile ecosystems on which local communities depend. Where do we start? To ensure a just transition, we must be guided by the principles of justice, equity and inclusion, and ensure that the most vulnerable populations are not disproportionately affected. As Naomi Klein said in her book This Changes Everything, to address the climate crisis we must understand that climate change is not only an environmental, but also a human rights issue. A just energy transition requires not only ending the burning of fossil fuels, but also addressing economic inequality, including a gender perspective, strengthening social safety nets, protecting workers' rights, respecting the rights of indigenous peoples, empowering communities to participate in decisions that affect their lives, and making reparations to those who have been affected by the current economic and energy model. What role can litigation play? Litigation is already moving in step with the dilemmas of the energy transition. We have seen an increase in lawsuits that appear to go against the energy transition, such as those challenging renewable energy generation projects, or pro-transition regulations, or otherwise hindering the transition. But can it be said that these are always "regressive" lawsuits? A lawsuit to challenge the environmental permitting of a wind generation venture might be blocking the transition, but it is not necessarily regressive. If it is a mega-project, for example, owned by a transnational company that will export all the energy generated without benefiting local communities, and if it intends to be located on indigenous lands without local participation, then it is a project aimed at an "unjust transition" that does not serve us because it reinforces the same model, the one that has us so badly on track. The report Litigation for a Just Transition in Latin America, published in January 2023 by the Sabin Center for Climate Change Law at Columbia University, and translated into Spanish by AIDA, refers to this type of case. The report questions the purpose of just transition litigation, asking whether it promotes or obstructs an energy and climate-resilient transition. In this regard, the authors conclude that just transition litigation cannot be fully characterized as regressive or non-regressive in relation to the transition. As such, they consider that just transition litigation should be seen and understood as a new category of climate litigation, with its own diverse rationale. The issue allows us to reflect on the complexity of the longed-for transition. Faced with this type of dilemma, in AIDA we generally choose to analyze each case, without marrying a dogmatic position. But a constant and, in this sense, valuable starting point is that everything that is carried out in favor of the energy transition—whether projects, policies or actions—must have a strong and decisive focus on the environment, human rights and gender. Without that there is no justice; and without justice there is no remedy or solution. So we believe that litigation does have a role to play, not only in making the transition happen, but also in making it just.

May 31 2023 Oceans, Public Participation, Toxic Pollution

Offshore drilling: Resisting a growing threat in Latin America

Offshore drilling is expanding in Latin America and the Caribbean as part of a government and business strategy implying the continuity of the oil and gas industry, despite the role of fossil fuels in aggravating the global climate crisis. The advance of offshore hydrocarbon activity also risks serious damage to the ocean—our planet's greatest climate regulator—the vast biodiversity it harbors, and to the livelihoods of coastal communities. Worldwide, offshore areas represent 30 percent of total hydrocarbon reserves and are concentrated in surface waters up to 125 meters deep, according to academic research. The United States, Mexico, Norway, Brazil and Saudi Arabia are the main producers, accounting for 43 percent of the world total. The current expansion of drilling in Latin America is tending towards extremes with greater environmental complexity, in ultra-deep waters, with wells that exceed 1,500 meters in depth. The authorization of new offshore drilling projects deepens dependence on the use of fossil fuels, representing a step backwards in global efforts to avoid global warming with catastrophic consequences. It also constitutes an obstacle in the transition towards sustainable energy systems, based on renewable sources and respectful of people and the environment. However, there are cases in the region that demonstrate a growing collective resistance to the blind advance of offshore drilling projects. With the help of strategic litigation and citizen participation, these cases are creating an opportunity to set important precedents at national and international levels for the protection of the environment, the climate and human rights from the damages caused by offshore drilling. In defense of the Argentine Sea In May 2019, the Energy Secretariat awarded several companies a total of 18 areas (225,000 square kilometers of surface area) in the Argentine Sea—a sector of the Southwest Atlantic Ocean—for the search for gas and oil. In December 2021, the Ministry of Environment and Sustainable Development authorized a seismic exploration project in three of the awarded areas, located off the coast of the province of Buenos Aires, about 300 kilometers from the beaches of Mar del Plata, one of the country’s most popular beaches. The project includes the drilling of an exploratory well, and is being managed by the Norwegian state-owned company Equinor, the Argentine YPF and the Anglo-Dutch Shell. The governmental decision has been questioned and rejected by the scientific community and by the assemblies of several coastal cities. In January 2022–in view of the threats to biodiversity, climate and local economies posed by the prospecting and possible exploitation of hydrocarbons off the Argentine coast—scientific groups and environmental organizations filed a class action lawsuit before a Federal Court in Mar del Plata against the Argentine State, the Ministry of Environment and the Secretariat of Energy, requesting the nullity of the resolution authorizing the seismic exploration project and the process by which the 18 areas of the Argentine Sea were licensed off. The lawsuit was followed by protests in the streets and other actions, which have swelled into an ongoing legal battle. In February 2022, the court temporarily suspended seismic exploration through a precautionary measure. However, in December of that year, the Court of Appeals lifted that suspension. This decision was appealed before the Supreme Court of Justice, which has not yet ruled on the matter. Moratorium at risk in Belize In October 2017, the government of Belize established by law a permanent moratorium on oil activity in its maritime zone. This occurred after an informal referendum organized by environmental groups in 2012 resulted in 96 percent of participants voting against oil activity; and after the global outrage generated in October 2016 by the government's decision to allow seismic testing for oil exploration just one kilometer away from the Belize Barrier Reef, one of the most diverse ecosystems in the world. However, offshore hydrocarbon exploitation is still a risk for the Caribbean nation. In 2022, the Prime Minister expressed the government's willingness to allow seismic exploration without lifting the moratorium. In view of this, organizations dedicated to environmental protection seek to reinforce the prohibition by forcing a referendum on whether or not to lift the moratorium. Court victory in Guyana In Guyana, since the early 2000s there have been reports of discoveries of large offshore oil and gas reserves in the so-called Guyana Suriname Basin. Guyana is the South American nation with the most oil reserves discovered in the last decade, and has decided to expand its gas reserves as well. Offshore gas production in Guyana has also been the subject of controversy due to environmental and safety concerns. Recently, a court decision rejected an attempt by multinational ExxonMobil and the government to dissolve the written commitment that obliges the company to bear all cleanup, restoration, and damage compensation costs of any oil spill in its offshore operations. The judge in the case found that ExxonMobil is in violation of the permit issued to the Liza 1 project—which requires financial guarantees in case of oil spills and accidents—and that Guyana's environmental regulators are not enforcing the terms of the permit. Biodiversity and climate defense Carrying out offshore hydrocarbon exploration and/or exploitation projects may involve the violation of international commitments, including those undertaken by States under the Convention on Biological Diversity, the UN Convention on the Law of the Sea and the Convention on Migratory Species. Offshore seismic exploration generates sounds at levels far in excess of natural levels. Many of these overlap with the hearing and vocalization ranges of marine species (mammals, turtles, fish, diving birds and others). This can cause serious injuries, long-term physical and physiological effects and even death, explains Pablo García Borbroglu, expert and leader of the Global Penguin Society, while affirming that it can also lead to a reduction in fishing activity. The impacts of the drilling are not limited to the exploited area, but affect the entire sea and all the species that inhabit it, aggravating the precarious situation of a large number of already threatened or endangered species. The expansion of the offshore industry also implies nations are failing to comply with global commitments to reduce their greenhouse gas emissions, or adopt measures aimed at the management of key ecosystems such as marine areas, both contained in the UN Framework Convention on Climate Change and the Paris Agreement. The cases described above, which bring together diverse voices under a common cause, have the potential to establish precedents that will force States to take responsibility for the possible environmental and social consequences of endorsing harmful industries such as offshore hydrocarbons. They are key opportunities for courts and other decision-making bodies to set exemplary precedents for the hemisphere in the protection of the environment and human rights, especially in the face of the global climate and biodiversity crises.

April 19 2023 Mining, Toxic Pollution, Climate Change

Latin America's role in coal extraction and use

The extraction, transport, use and export of coal to generate electricity are major causes of both the climate crisis and systematic human rights violations. Forty-four percent of global carbon dioxide emissions from fossil fuels come from the use of coal, and the entire coal chain creates serious social, environmental and human rights impacts including forced displacement, water pollution and disease. In its most recent report, the Intergovernmental Panel on Climate Change reiterated that, in order to avoid a catastrophic rise in the planet's average temperature, 80 percent of coal reserves must remain underground and that the use of coal for power generation must be phased out by 2050. However, according to the International Energy Agency, coal consumption reached 8 billion tons for the first time at the close of 2022, representing a 1.2 percent growth in global demand. These figures could rise further in 2023 and stabilize in the following two years, according to forecasts by the energy arm of the Organization for Economic Cooperation and Development. This is partly because, to cope with gas shortages due to the war in Ukraine, Europe plans to relax emission controls regarding fuels like coal. This contradicts the Glasgow Climate Pact (2021) in which States agreed to gradually reduce its use. Latin America is no stranger to this situation. The region participates both in the burning of coal and in the extraction of the mineral which, after being exported, is used as a fossil energy source in other corners of the world. Colombia is the fifth largest coal exporter in the world and Mexico represents the fourteenth largest emitter of greenhouse gases. Governments in the region therefore have a shared responsibility in global efforts to curb the exploitation and burning of coal in favor of energy systems based on non-conventional renewable sources that are sustainable over time and respectful of the environment and people. The story of coal in Latin America, and the pressing need for decarbonization, can be told by taking a closer look at the cases of Chile, Colombia and Mexico. Chile: progress and challenges of decarbonization In Chile, coal-fired power generation is the main cause of serious impacts on the ecosystems and the health of people living in so-called Sacrifice Zones. Historically, pollution from coal-fired power plants—there were, at one time, 28 in operation—has been concentrated in these geographic areas, resulting in toxic air and one of the country’s greatest socio-environmental problems. In recent years, the Andean nation has seen progress toward the decarbonization of its electricity sector. Between October 2021 and September 2022, 27.5 percent of Chile’s electricity came from solar and wind sources—representing the first time renewables surpassed coal use, which fell to 26.5 percent after being the main source for more than a decade. In 2019, the Chilean government committed to closing all coal plants by 2040. Since that public announcement, the timetable has been accelerating. The initial proposal was to close eight thermoelectric plants by 2024 and the remaining 20 by 2040. Now, 65 percent of the plants are scheduled to close by 2025. A bill approved in June 2021 by the Chamber of Deputies and Chamber of Deputies backed the change, which now awaits Senate endorsement. Despite the progress, some experts say that Chile’s roadmap may not be entirely feasible and could increase diesel use in the short term. There is also an imminent risk that rapid decarbonization becomes an excuse to increase the use of gas, ignoring its risks and its role in the country's greenhouse gas emissions. In fact, the government has committed to carbon neutrality by 2050 based on scenarios that include an increased use of gas, but fail to recognize a greater use of diesel. Moving forward, it’s important that Chile’s decarbonization plan contains provisions to prevent continued and increased use of gas. On the contrary, a progressive plan must promote the implementation of renewable energies, encourage distributed generation and increase energy efficiency. A comprehensive plan must also include measures to adequately address energy poverty, and to relocate and reemploy people who lose their jobs due to the energy transition. Only then will it be truly responsible and fair. Colombia: the damages of coal mining and exports Colombia is the world's fifth largest coal exporter, with only 8 percent of the extracted coal being used for domestic consumption. Coal is the mineral that contributes most to the national economy, accounting for more than 80 percent of mining royalties. Yet poverty levels in the departments where 90 percent of the extraction takes place—La Guajira and Cesar—far exceed the national average. Much of Colombia’s coal extraction occurs in El Cerrejón, the largest open-pit coal mine in Latin America. Its operation and growth over the last 40 years has destroyed rivers, streams and endemic ecosystems like the tropical dry forest; polluted the air, causing serious health consequences; and continuously violated the rights of Wayuu, Afro-descendant and rural populations in La Guajira. At the 27th UN Conference on Climate Change (COP27), the current Colombian government announced its intention to reduce the exploitation of fossil fuels and undertake a gradual energy transition. However, to date, the climate impacts of coal mining have not been evaluated, no legislation has been passed on the closure of mines currently in operation, and there’s a lack of certainty around the future growth (or not) of the 1,774 existing coal-focused titles or new investments in the sector. At the same time, Germany has increased its imports of Colombian coal due to the scarcity of gas in Europe. And purchases from the European market increased between January and November 2022, although Asia and the Americas are still the main buyers of the Colombian mineral. These exports demonstrate that the impacts of burning coal anywhere in the world are global—just as multinational corporations have a responsibility in the human rights violations derived from their coal mining in Colombia, the Colombian government has a responsibility in the aggravation of the climate crisis due to coal’s extraction and sale. Achieving a just transition in Colombia requires—among other things—building inclusive and participatory spaces, developing and implementing standards for the responsible closure of coal mines, and creating policies that allow for the adequate economic and social reconversion of those people most affected by the process. Mexico: the backlash of betting on coal and other fossil fuels In 2020, coal-fired power plants produced 10 percent of Mexico’s electricity and emitted 22 percent of the energy sector's total greenhouse gases, according to calculations by the Mexico Climate Initiative. Coal production and electricity generation from the mineral are concentrated in the state of Coahuila, where 99 percent of Mexico's coal is mined in just five municipalities. The origins and cultural identity of this region lie in coal mining, which dates back more than 200 years and still sustains the economy of 160,000 people. At the same time, the coal business has brought air and water pollution, disease and death. According to the historical record kept by victims' families, since coal mining began, more than 3,100 miners have died in the area. Two of the three coal-fired power plants operating in the country are in Coahuila; the other is in Guerrero and is fueled by imported coal. Those two plants consume almost half of the mineral extracted in the region and create more than 60 percent of the energy. Air pollution from burning coal causes around 430 deaths a year in Coahuila from respiratory diseases, according to the Centre for Research on Energy and Clean Air. According to 2019 data, Mexico is the 14th largest emitter of greenhouse gases globally—69.5 percent of its emissions come from the energy sector. Under the current government, energy policy shifted from expanding renewable energy projects to prioritizing the use of fossil fuels and promoting state dominance through the Federal Electricity Commission (CFE) and the state-owned petroleum company PEMEX. In fact, in 2022, coal-based energy production in Mexico increased 63 percent from the previous year. Environmental organizations have pointed out that "prioritizing electricity generation from CFE plants implies guaranteeing the burning of more coal and fuel oil indefinitely, and the development of new fossil gas infrastructure, which would tie us to US gas imports or the development of fracking projects in the north of the country with the consequent negative social and environmental impacts." It’s clear that Latin America has a role in the extraction and use of coal, as well as in its social and environmental impacts. For the region, a just transition towards other forms of energy generation must take into account the particularities of each country, be orderly and have a human rights and gender approach. This implies, among other things: considering the local communities that depend on the coal chain; designing policies to identify and manage the economic and social impacts of the transition; placing alternatives to coal at the center of the discussion; and developing broad and participatory decision-making processes with an active role for the urban and rural population. To achieve this, governments must take decisive action to ensure compliance with their climate and human rights commitments.

April 13 2023 Indigenous Rights, Freshwater Sources, Climate Change

What happened at the World Water Conference 2023?

By Yeny Rodríguez, Claudia Velarde and Rosa Peña* The UN Water Conference 2023, held March 22-24 in New York, was organized in response to the need to evaluate the fulfillment of global goals and targets in the areas of water and sanitation, about which there is growing concern. AIDA participated in the Conference to position key messages from Latin America and the Caribbean that should be made visible and included in the discussions and that should now be part of the fulfillment of the Water Action Agenda, which was adopted at the global meeting. What follows is our take on the important event and what we hope will come of it in the future. The Advances An agenda for urgent action The Conference concluded with the adoption of the Water Action Agenda, a plan that included 689 commitments—collected from the official sessions and side events—as well as pledges of $300 billion dollars in financing to drive them forward. The commitments cover capacity building, data and monitoring systems, and improving infrastructure resilience, among other actions. The online platform hosting the Agenda will remain open for submissions. Overall, the Conference served as a global call to protect water and the water cycle as a global common good and a fundamental human right. The international community was also alerted to the need for urgent action to address the water crisis—which translates into shortages and droughts, contamination of water sources, degradation of strategic ecosystems and serious governance problems— which today particularly affects the world's indigenous peoples, Afro-descendants and rural communities. It’s important that the commitments made be incorporated into climate discussions, since the water crisis and the climate crisis are closely interconnected. The drive for fair water governance Innovative initiatives for the protection of ecosystems and for fair water governance were launched at the Conference. Water governance involves decision-making processes, as well as institutions and power relations that influence the flow, quality, use, availability and distribution of water (fresh or salt, surface or subsurface). One such initiative was the Transformative Water Pact, built collectively by a diverse group of more than 40 civil society organizations and academia, including AIDA. The Dutch NGO Both ENDS and the International Water Knowledge Institute (IHE-Delft) spearheaded the initiative. The Pact proposes an alternative vision of water management based on the principles of environmental justice, equity and care. It proposes frameworks for action and strategic priorities to guide decision-making. It is a response to the continued overexploitation and degradation of freshwater ecosystems, human rights violations, and the extreme power imbalances that characterize current water management around the world. The Inspiring The role of women and indigenous peoples The presence of civil society at the Conference was mostly female. This both revealed the intersectional nature of the inequalities that women experience on a daily basis in their struggles for water, and vindicated their important role in water management. Women possess and transmit traditional ecological knowledge for the care of water, lead struggles in its defense, and are more frequently exposed to risks and threats to their lives. Yet their voice is often disregarded, and they are not often invited to participate in environmental decision-making spaces. Similarly, important indigenous leaders from across Latin America and the world attended the Conference. This showed how much we have to learn from indigenous ancestral practices for the care of water, as well as the decisive role that indigenous and traditional communities play in the care of 80 percent of the planet's biodiversity and in the mitigation of the climate and water crises. The parallel events in which these actors participated made the world reconsider and reevaluate what the West has understood from science, making it clear that the ancestral knowledge system of indigenous peoples is specialized and sophisticated, and therefore must be prioritized in any policy of integrated and fair water management. The unity of civil society for water justice Although largely absent from official UN spaces, civil society had a strong and inspiring presence at the Conference. Organizations, activists and water advocates from around the world held important conversations and called for effective participation, with their own voice, in these spaces. "When you ask me about this conference, I can tell you that I am optimistic, not because of the results, but because of the spirit that was born thanks to you," said Pedro Arrojo-Agudo, UN Special Rapporteur on the human rights to safe drinking water and sanitation, to a room full of civil society members and water defenders. "The UN needs the energy and legitimacy that water defenders' movements are offering and I am sure it will come." Representatives of more than 500 organizations, indigenous peoples, social movements and water defenders presented the Water Justice Manifesto with the intention of amplifying the voices of those who are not being heard and insisting that fundamental issues be placed at the center of water policies at the global, regional, national and subnational levels. Although not scheduled, movement leaders were able to read the manifesto in an official space at the Conference, which allowed for its entry into the central dialogue. What was Missing Guarantees for the effective fulfillment of commitments Although the Conference was a unique and relevant opportunity to place water-related issues on the world agenda, there is still a long way to go toward achieving effective commitments from nations, as those included in the Water Action Agenda are not legally binding. In the near future, we need these commitments to be binding, and for there to be a follow-up mechanism, indicators to measure the progress made by States in fulfilling the Agenda and – why not? – a specialized international instrument for the protection of the human right to water and sanitation. A more open and inclusive participation in the dialogue Practically all sectors echoed the need for greater participation in official UN spaces and in future conferences. This requires a broad understanding of the water crisis and the intersectional movement needed to address it justly. It implies thinking about participation based on the inclusion of stakeholders on an equal footing for dialogue and, at the same time, recognizing the individuals, communities and peoples who hold the right to water, whose voice must be taken into account in a differential manner given their interdependent relationship with water. Recognition of the valuable role of water defenders In Latin America, defending rivers, lagoons, streams, aquifers and, in general, the right to water is a risky activity. Water is a natural resource in dispute. Those who work to safeguard it for human consumption or for its recognition as an enforceable right have for years been subjected to stigmatization, threats, persecution and attacks on their lives and integrity. The water agenda must recognize the important role of water defenders, as well as promote the creation of instruments and mechanisms aimed at providing greater guarantees to those who dedicate their lives to this work. The promotion of horizontal alliances and articulations for the protection of water The protection of water is a task of all States with differentiated responsibilities and capacities. Its effective achievement requires initiatives and processes of international cooperation, alliances and articulations among States based on mutual respect and recognition. This will make it possible to reach consensual paths and prevent the repetition of dynamics of imposition. Furthermore, these articulations must recognize and respect the normative frameworks of indigenous peoples so that, based on their uses and customs, they can continue to play their fundamental role in the protection and management of water. What’s Next It’s expected that the commitments contained in the Water Action Agenda will be reviewed and endorsed internally by Latin American governments and promoted at the international level at upcoming summits and high-level meetings. It’s also expected that the importance of protecting the human right to water and sanitation will be a key theme in all international forums where progress on the Sustainable Development Goals (SDGs) is discussed, such as the SDG Summit scheduled for September, and especially at the 28th United Nations Climate Change Conference (COP28). AIDA will continue to work to protect key ecosystems, prevent industrial pressure on water, advocate for the participation of local communities in decision-making about their water sources, and defend the human right to water. *Yeny Rodríguez is an attorney with AIDA's Ecosystems Program, Claudia Velarde is Area Coordinator of Ecosystems Program y Rosa Peña is an attorney with Human Rights and Environment Program.

March 27 2023 Indigenous Rights, Climate Change, Human Rights

Strategic litigation and its role in the pursuit of justice

In La Guajira, Colombia, indigenous Wayuu and Afro-Colombian communities—accompanied by civil society organizations—initiated litigation to defend their rights to water, food security and ethnic integrity, all of which are at risk from the diversion of the Bruno stream for the expansion of El Cerrejón, the largest open-pit coal mine in Latin America. The goal of bringing this particular case to court is not only to prevent the loss of an important water source. The litigation also seeks to set a precedent in the country and on the continent for the protection of rural communities against the systematic violation of their rights. It also represents an important action in the face of the climate crisis, a global problem aggravated by the continued extraction and burning of coal and other fossil fuels. The case can be categorized as strategic litigation, also called impact litigation, which consists of selecting and filing a lawsuit in order to promote the protection of rights or changes in public policy, while achieving broad changes in society, i.e., those that extend beyond a particular case. Strategic litigation is a tool that, through the law, promotes social transformations and strengthens human rights protections. It is strategic because, based on a legal cause, it seeks to change unjust realities and position issues that are key to the formation of a democratic society. In this sense, the ultimate goal of strategic litigation is to leave a lasting mark, a judicial precedent that can be replicated. It is also strategic because it includes the use of communication strategies, social mobilization, and political advocacy to put relevant debates on the table regarding the recognition of rights. When legal actions involve local communities, they also become a tool to help strengthen their internal processes of defense. Its premises and characteristics have made strategic litigation an important means to promote the protection of key ecosystems and human rights, including the right to health and a healthy environment, and the rights of indigenous peoples, communities and groups in vulnerable situations. Components As described above, strategic litigation is consciously designed to achieve broad goals and to generate a roadmap for future litigation. It consists of many different elements, including the following: A robust legal strategy that, on many occasions, must be enriched with interdisciplinary technical and scientific arguments. A communications strategy. Social or community organizing, which means involving communities, networks and local organizations in all phases of the litigation under a perspective of active participation and collective strategy construction. A strategy to protect against scenarios of risk that the litigation may cause. Political advocacy before decision-makers. Objectives and scope Although there are many, three main objectives of strategic litigation are to: Place important debates in the public opinion. Promote social mobilization around a common cause. Strengthen the rule of law, which means that citizens invite the State and judges to recognize rights, make problems visible, and ultimately strengthen the democratic system. Strategic litigation has been especially important for struggles and causes in which it is difficult for social movements and communities to position the recognition of their rights in legislative and public policy agendas. At AIDA, we believe that all people should have full access to environmental justice, and strategic litigation has been a powerful tool to guarantee the individual and collective right to a healthy environment in Latin America. To achieve this, we select emblematic cases and projects where the strategic use of international law and scientific argumentation can set key precedents. We work closely with local organizations and allies to jointly build the litigation process, design communication campaigns, and complete risk analyses that promote the protection of all stakeholders involved in litigation.

March 14 2023 Capacity Building, Human Rights

Session 1 of the AIDA’s 25th Anniversary Webinar Series

Reflections and perspectives on the right to a healthy environment In this webinar, the first in a series of three, we kicked off AIDA's 25th anniversary celebrations with a brief introspection of our origins, victories, growth, and vision for the future. In addition, we hosted a panel discussion on the progress, lessons learned, and challenges of protecting the human right to a healthy environment in the Americas, an area of work that has been fundamental since our inception. PANELISTS Panel 1: 25 years of history Gladys Martínez de Lemos, AIDA’s Executive Director. Anna Cederstav, AIDA’s Deputy Director and CFO. Manuel Pulgar Vidal, Global Leader of Climate and Energy at WWF International and an AIDA Board member. Moderator: Laura Yaniz Estrada, Consultant with AIDA's communications team. Panel 2: In defense of a healthy environment David Boyd, UN Special Rapporteur on Human Rights and Environment. Yolanda Zurita, petitioner in the case "Community of La Oroya v. Peru" before the Inter-American Human Rights System. Xavier Martínez, Operational Director of the Centro Mexicano de Derecho Ambiental (CEMDA) and an AIDA Board member. Moderator: Liliana Ávila, Coordinator of AIDA's Human Rights and Environment Program. RECORDING

February 20 2023 Indigenous Rights, Accountability and Transparency, Human Rights

Open Letter from Civil Society Organizations to the President of the Inter-American Development Bank

The undersigned group of civil society organizations greet you as you begin your term as President of the Inter-American Development Bank. We extend to you our best wishes as you assume this task of great responsibility for the people of Latin America and the Caribbean. We take this opportunity to introduce ourselves and express our willingness to continue contributing to the Bank's actions pursuing the region's development. Since 2017, our organizations have been monitoring and making recommendations on the IDB policies and projects, in partnership with local communities and populations. In particular, we promote the Bank’s establishment of better social and environmental policies and practices, as well as adequate and transparent spaces for participation that allow improving the IDB's link and interaction with civil society. To mention just a few examples, we highlight our contributions to the Environmental and Social Policy Framework (ESPF), to the updates of the MICI policy and in the accompaniment of specific cases, and in the revision process of the Access to Information Policy and in the dialogues on the IDB-Amazon Initiative. In conjunction, we are permanently monitoring the Bank's policies and investments throughout the region, including in projects involved in the response to and recovery from the Covid pandemic and many others. We consider it essential that the Bank strengthen its practices and operations, facilitating the promotion and respect for human rights, with special attention paid to the needs of communities and indigenous peoples who are at the forefront in the defense of nature, as well as the protection of key ecosystems in the fight against climate change. Given the relevance of public participation in promoting full development, we reiterate our request to the Bank to generate constructive and lasting participation mechanisms. In particular, we request that the space for dialogue with civil society be reopened in the framework of the next IDB Annual Meetings. This space was a traditional practice that was interrupted in 2014 and has not been resumed to date. We understand that a space for IDB articulation with civil society (social organizations and movements, Indigenous groups, and others who are affected) is not only a good practice that other multilateral agencies are already implementing, but would also contribute to advance the objectives of your administration. As stated in your inaugural speech last January, you stressed your desire to "seize all opportunities for dialogue" and collaborate with different actors to address the most pressing problems of our region. Thus, your administration has an historic opportunity to generate greater openness towards civil society organizations and communities potentially affected by Bank-financed operations. We believe that this demand can no longer be postponed, and that this long-standing claim must be addressed in order to strengthen the work together with the peoples of the region. We remain at your disposal to discuss the points raised in this letter and other matters of common interest at your convenience. Kind regards, Accountability Counsel AMATE El Salvador Articulación Salvadoreña de Sociedad Salvadoreña de Sociedad Civil para la Incidencia en las Instituciones Financieras Internacionales (ASIFI) Asociación Ambiente y Sociedad (Environment and Society Association) Interamerican Association for the Defense of the Environment (AIDA) International Accountability Project Bank Information Center Center for International Environmental Law (CIEL) Coalition for Human Rights In Development Cohesión Comunitaria e Innovación Social A.C. (Mexico) Conectas Direitos Humanos Derecho, Ambiente y Recursos Naturales (DAR, Perú) Ecoa - Ecology and Action Foundation for the Development of Sustainable Policies (Fundeps) CAUCE Foundation: Environmental Culture - Causa Ecologista (Argentina) Gender Action International Rivers Mesa de Discapacidad y Derechos (Perú) International Platform against Impunity Protection International Mesoamerica Sociedad y Discapacidad - SODIS (Perú) Sustentarse (Chile) Wetlands International / Fundacion Humedales (Argentina) read and download the letter

February 03 2023 Climate Change, Human Rights

Actions and reasons to preserve the Amazon

Shared by eight countries and home to 10 percent of the planet's known biodiversity, the Amazon is the largest tropical forest in the world. It’s also a global climate stabilizer, storing between 90 and 140 billion metric tons of carbon dioxide (CO2)—one of the most harmful greenhouse gases that, when released, accelerates the climate crisis. For more than 470 communities of indigenous and traditional peoples, the Amazon is an ancestral place of life, from which they have developed their ways of being in the world. However, the rainforest is facing various threats—including colonization, deforestation and extractive activities—that increase its vulnerability and affect the human rights of those who inhabit and protect it. These pressures have caused some areas of the Amazon to emit more carbon dioxide than they absorb. This situation poses the challenge of implementing strategies for the legal protection of Amazonian territories that articulate with the struggles of affected peoples. At AIDA, we have strengthened these strategies and have supported community processes aimed at combating the damage caused by mining and oil exploitation in Amazonian territories in three countries. With hopes currently pinned on the incoming government of Lula da Silva in Brazil—who announced his goal of reducing deforestation in the Amazon to zero by 2030—the preservation of this ecosystem requires political will and strong coordinated and cross-border actions. In this regard, Colombia proposed a common front to defend the Amazon rainforest. Strengthening legal defense AIDA's work strengthened the capacities of national organizations in Brazil, Ecuador and Peru for legal defense of the Amazon. Brazil: By highlighting the shortcomings of its environmental impact study, we helped ensure that the communities affected by the Volta Grande mining project of the Canadian company Belo Sun are included in the environmental authorization process and that the state is obligated to consult with them to obtain their consent. We also prepared a report for UN agencies in which we identified measures to guarantee the safety of environmental defenders in the Amazon region. Ecuador: We strengthened litigation strategies to halt the implementation of a decree by which the government seeks to expand mining exploitation in the country, with serious impacts for the Amazon region. We also generated greater understanding of the tools needed to develop strategic litigation and improve the communication skills of indigenous peoples. Perú: We supported the acceleration of litigation aimed at ensuring the repair and maintenance of the Norperuano oil pipeline, whose operation has generated serious environmental impacts and human rights violations for indigenous peoples affected by oil spills. In all three countries, we were able to advance towards a more precise understanding of the legal protection needs of the Amazon and the contexts in which such strategies should be developed. This was made possible by working in partnership with national and local organizations and indigenous peoples. Arguments to protect the ecosystem There are many reasons to preserve the Amazon, whose importance is regional and global. In order to strengthen communication efforts linked to the legal protection of the ecosystem, AIDA has developed two infographics that present in a schematic and didactic way the arguments for defending the Amazon territories, as well as their inhabitants, in court. The focus of one of the infographics is the vast biodiversity contained in the Amazon. Some figures show its high levels of richness: 40,000 species of plants; 16,000 of trees; 3,000 of fish; 1,300 of birds; more than 430 of mammals; more than 1,000 of amphibians; and more than 400 species of reptiles; therefore, any intervention in the Amazon rainforest must start from the knowledge of it as a highly diverse, complex and interconnected territory. The richness of the Amazon is also cultural, represented in the indigenous and traditional peoples that have inhabited the ecosystem since ancestral times, whose diversity is present in 86 languages and 650 dialects. The Amazon: A megadiverse region (in Spanish) The other infographic illustrates the capacity of the Amazon to regulate the humidity and climate of the continent. In addition to storing large amounts of carbon dioxide, the ecosystem absorbs half of the solar energy it receives through the evaporation of water from its foliage. Most of the trapped energy is released when the vapor condenses to form clouds and rain. Among other things, the Amazon recycles between 50% and 70% of annual precipitation, pumping some seven billion tons of water a year into the atmosphere through evapotranspiration. The Amazon: A global climate regulator (in Spanish) The Amazon and its care are emblematic of the intrinsic relationship and balance that must exist between a healthy environment and human existence. "The spirits that give us life exist in the forest, the water and the air. We all have a correlation," said Humberto, a member of a community in the Ecuadorian Amazon. "That existence is what we call life—our own home, the pharmacy, nature or what we can call, in general, the existence of man and nature."

January 30 2023 Indigenous Rights, Human Rights

Urgent alert on human rights threats due to Pantanal degradation

The Pantanal is the world’s largest freshwater wetland. It’s nearly 18 million hectares stretch across Brazil, Bolivia, and Paraguay, making a home for thousands of species, some of which are in danger of extinction. It hosts six different Ramsar sites, wetlands of international importance, and has been designated as a Biosphere Reserve and UNESCO World Heritage Site. Forest fires, drought, and deforestation, due largely to the expansion of industrial agriculture and the construction of hydroelectric dams, have destroyed millions of hectares of this wetland. The devastation is not only environmental, but it has also affected the lives of those who inhabit the region, threatening their right to live in a healthy environment. In addition, the Pantanal provides resources and sustains the livelihoods of about 1.5 million people. More than 270 communities—including indigenous peoples, cattle ranchers and riparian communities—depend directly or indirectly on the wetland, although its relevance transcends the region and is fundamental to the well-being of more than 10 million people. However, the Pantanal is at risk of collapse. Only 5 percent of its area is protected. In recent years, forest fires, drought and deforestation—associated with the expansion of agribusiness and the construction of dams—have destroyed millions of hectares of this wetland. This damage violates the rights of local people and communities. Environmental Damage and Human Rights The intensification of extractive activities during recent years, principally ranching and industrial agriculture, have led to unprecedented droughts and fires in the Pantanal. In 2020, wildfires destroyed more than 4.5 million hectares, almost one-third of the wetland’s area. And so far in 2022, more than 123 thousand hectares have been consumed by fires, 26 percent more than had burned during the same time period in 2021. In addition to the fires, drought has been intensifying. One of the most serious cases is that of the Guató people of Baía dos Guató, Brazil, who have lost almost 90 percent of their territory to fire. "The fires destroyed crops, burned houses. The fire destroyed a large part of our territory, destroying many trees, animals, birds, damaging our animals and plants and our food security, because it destroyed our crops," said one of its members. "Everything is coming to an end." Fires in the Pantanal have caused the loss of forests and biodiversity, aggravating the climate crisis. They also impact the health and livelihoods of nearby communities by destroying their homes and territories, making them more susceptible to health problems, especially respiratory problems. Fires have resulted in the loss of seeds and the death of animals. The drought especially impacts communities that depend on fishing for food and income (about 70 percent of Pantanal villagers depend on fishing as their main livelihood). Women engaged in artisanal bait collection for sport fishing have been particularly affected. The traditional communities in the region have also been severely impacted, as the fire has reached all of their territories, destroying almost half of them. This has repercussions on the development of their cultural practices, as for many Pantanal communities the connection with the land plays an essential role. They obtain from nature the plants for their traditional medicines and raw materials to build their houses, utensils and handicrafts. For the Yshir, for example, the destruction of the Pantanal threatens their belief system and cosmology (where the forest, rivers and wildlife are central), preventing them from maintaining their traditional ceremonies based on these beliefs. An Emergency Call The Interamerican Association for Environmental Defense (AIDA) and Ecologia e Ação (ECOA) prepared an urgent alert for United Nations Human Rights Rapporteurs to report on the critical situation of the Pantanal and request that they issue recommendations to the three countries where the wetland is located in order to prevent the recurrence of fires, ensure the restoration of ecosystems and guarantee the rights of local populations. We also ask them to visit the site to learn about its situation first hand and to give their recommendations a greater force and sense of urgency. The biological wealth of the Pantanal is incalculable. The site provides several ecosystem services: flood flow regulation, climate regulation, soil fertility control, biological control, biodiversity maintenance and is a source of water, food and raw materials for the population. The environmental and social importance of the Pantanal requires urgent, coordinated, transboundary and effective actions to ensure its restoration and protection. It is time to join forces and take care of the enormous natural and cultural wealth of this biome that is so important for life.

December 21 2022 Indigenous Rights, Oceans, Climate Change

10 good news stories from 2022, for a sustainable future

This year we saw important advances toward environmental justice in Latin America, and around the world. We’re celebrating decisions at the local, national and international levels that help move us toward a more sustainable future for all. We chose for you our top 10—stories that represent important advances for the protection of biodiversity, for the respect of human rights, for the recognition of indigenous and traditional populations, for responsible finance, for climate litigation as a tool for accountability, and for the hope of a just energy transition. 1. Ecuador expanded the Galapagos Marine Reserve This year, through a national decree, Ecuador added 60 thousand square kilometers to the Galapagos Islands, the first site to be declared a UNESCO World Heritage Site. The new area, called the Hermandad Reserve, creates a marine corridor between the Galapagos Islands and Cocos Island in Costa Rica that will serve as a safe passageway for the dozens of protected species that move through the area, including sharks, whales, turtles, and dolphins. After the expansion, nearly 200 thousand square kilometers of the Galapagos have varying degrees of protection. Ecuador and Costa Rica have since called on Panama and Colombia to add protected areas to the new Reserve. 2. Honduras declared territory free from open-pit mining In February, the new government of Honduras declared the entire territory of the Central American country free of open-pit mining. According to a communiqué from the Secretariat of Natural Resources, Environment and Mines, the decision was made following the principles of climate justice and with a view toward respecting and protecting natural resources. Along these same lines, the government issued three other provisions: to cancel the approval of permits for extractive exploitation; to approve a mining moratorium through which environmental licenses, permits and concessions for metallic and non-metallic exploration and exploitation will be reviewed; and to intervene immediately in natural areas of high ecological value for their conservation. 3. Mexican Supreme Court protected the Veracruz Reef Residents of the coastal state of Veracruz and the Mexican Center for Environmental Law (CEMDA) won their case before the country’s supreme court to protect the Veracruz Reef, the largest reef system in the Gulf of Mexico. The Court unanimously recognized that the authorities violated the community's right to a healthy environment by approving the expansion of the Port of Veracruz. AIDA and Earthjustice presented evidence for recognition of the human rights to a healthy environment and access to justice enshrined in international law. These rights obligate the Mexican government to allow anyone whose rights are threatened by environmental degradation to achieve justice regardless of whether their connection to the threatened ecosystem is indirect or remote. This victory was a collective effort between organizations and the community, and sets a precedent for environmental justice in the region as the ruling points to Mexico's international obligations, including those under the Escazú Agreement. 4. Chile took important steps towards energy transition In June, Chile published the Framework Law on Climate Change, the first in its history, which assigns responsibilities for mitigating emissions and adapting to climate change. The law is the first in the region to establish a carbon neutral goal for 2050, which must be reviewed every five years. In addition, faced with a wave of intoxications derived from pollution, the President announced the closure of the Ventanas Smelter in Valparaíso. Congress is currently considering a bill to approve the closure of Ventanas, which will be progressive. Both the company and the government have committed to not leaving workers without a job, to taking charge of environmental remediation, and to continuing to process small-scale mining minerals. The corporation Enel also closed its last coal-fired power plant in Coronel, a region with a history of environmental conflicts due to impacts on the health and livelihoods of the community. The cases of Enel and Ventanas remind us that decisions towards energy transition must be made respecting the rights of the people involved, both the community and longtime workers. 5. United Nations recognized a healthy environment as a universal right In July, in a historic resolution, the United Nations General Assembly recognized a safe, healthy, clean and sustainable environment as a universal human right. Since this right was left out of the Universal Declaration of Human Rights in 1948, the decision marks a milestone for international law, particularly in the area of human rights. "This resolution conveys the message that no one can take away our nature, clean air and water, or deprive us of a stable climate," said Inger Andersen, head of the United Nations Environment Programme. "At least not without a fight." This news was cause for great celebration at AIDA because the human right to a healthy environment has been the focus of our work since our founding. Costa Rica was one of the countries that led the proposal and that behind this milestone there are decades of work by organizations, movements and communities. 6. For first time, the Inter-American Bank prepared a responsible exit plan In Guatemala, Mayan communities filed a complaint about the damage that two hydroelectric projects caused to their territory, livelihoods and social fabric. The projects had received financing from the Inter-American Development Bank (IDB) Group. After the Bank's accountability office concluded that IDB Invest failed to comply with its operational policies and safeguards, the bank decided to withdraw its financing from the projects. In addition to the divestment, and as a result of the complaint, the IDB Group developed a responsible exit plan for the first time in its history. This sets a historic precedent for all communities affected by investments by international financial institutions. Although there are challenges for the implementation of the exit plan, the case is a great opportunity for the IDB to strengthen its policies as well as the monitoring and supervision of the projects it supports in order to avoid non-compliance with its guidelines. 7. Recognition grew for the region’s indigenous peoples Despite the fact that indigenous and traditional peoples suffer constant violations of their human rights—often for protecting their own territory—this year their contributions, knowledge and work were recognized on various fronts. In Colombia, the ancestral knowledge system of the Arhuaco, Kankuamo, Kogui and Wiwa indigenous peoples of the Sierra Nevada de Santa Marta was recognized as Intangible Cultural Heritage of Humanity by UNESCO. In Brazil, Sonia Guajajara and Célia Xakriabá, indigenous women with environmental and social causes, were elected to Congress in the October general elections. And, for the first time in Ecuador, Amazonian indigenous organizations received $2.5 million to finance conservation and deforestation reduction projects. 8. World leaders created a fund for climate loss and damage One of the strongest demands of the global South at climate summits had been the creation of a fund for losses and damages for the countries most vulnerable to the climate crisis. This year, at the 27th United Nations Climate Change Conference (COP27), a financing mechanism was finally created for this purpose. This mechanism will seek to mobilize resources to complement existing ones, and calls for richer countries to contribute more. The decision adopted at COP27 also called on the World Bank and the International Monetary Fund to provide "financing solutions." The details for the fund’s operation and for the inclusion of a human rights approach are a task for the next conference. 9. Brazilian court settled first-ever climate litigation In 2020, four political parties and two civil society organizations filed a lawsuit over the Brazilian government's failure to provide resources to the federal Climate Fund. The case was resolved in July of this year, becoming the first climate litigation in Brazil's Supreme Federal Tribunal, the highest court in the country. The court determined that the government has a constitutional duty to allocate the necessary economic resources for the operation of the Climate Fund, which had been paralyzed in recent years. In its findings, the court equated the Paris Agreement with a human rights treaty, which may give way for courts and judges in other Latin American countries to make the same recognition. This case shows that strategic climate litigation is an effective and necessary way to demand that governments and companies in the continent comply with their climate commitments. 10. Historic agreement reached to protect global biodiversity In December, roughly 200 member countries of the Convention on Biological Diversity adopted a historic agreement that seeks to reverse decades of environmental degradation and the resulting risks to the planet's species and ecosystems. Gathered at the 15th United Nations Conference on Biodiversity in Montreal, Canada, the countries' delegates reached an agreement committing to protect at least 30 percent of the world's terrestrial and marine areas by 2030. In addition, they agreed to provide at least $20 billion in annual international aid for biodiversity by 2025 and at least $30 billion by 2030. Want more good news? Learn about AIDA's four most important achievements in 2022