Oceans

November 19 2024 Oceans

Whales and salmon farming: how does the industry impact our gentle marine giants?

Chile is by nature a country of marine mammals. Of the 94 species of cetaceans existing in the world, 43 have their habitat in the country's waters. And just over a quarter of them are found in Patagonia. But Chile is also a country of salmon, occupying the second place in the world production, surpassed only by Norway. The overlap of the salmon industry with the habitat of these emblematic marine mammals represents a significant threat to cetaceans in Chile about which not enough is known. The recent deaths of three whales in protected areas of Chile's southern seas force us to ask ourselves why they are dying and how they are affected by the growing industry with which they share their habitat. Civil society is responding. In early November 2024, Greenpeace - together with the Kawésqar community Grupos Familiares Nómadas del Mar and with the support of AIDA - filed two criminal complaints against those responsible for the deaths of humpback whales in protected areas. These lawsuits, which have already been declared admissible, represent an unprecedented milestone in the country's criminal history, as they are the first take advantage of the amendaments made to the Penal Code by Law 21,595 on Economic and Environmental Crimes to the Penal Code to file a lawsuit for possible violations committed inside protected areas. In this context, AIDA, together with Greenpeace and the NGO FIMA - historical allies in the resistance to the expansion of salmon farming in the waters of Chilean Patagonia - commissioned a scientific report entitle “Cetaceans and Salmon Farming: Challenges for the Protection of Marine Biodiversity in Chilean Patagonia.” The report is currently available in Spanish as an executive summary, which lays out the available information on the impacts of salmon farming on the whales and dolphins of Chilean Patagonia. The results are alarming: serious risks have been identified, in addition to a lack of data that makes it difficult to understand the magnitude and consequences of the threats. One of the most evident impacts is the incidental capture of small and large cetaceans in farming centers. There are documented cases of entanglement and deaths, although the lack of official records makes it difficult to measure the severity of the problem. Another significant threat is the Intense maritime traffic in Patagonia, largely related to the salmon industry. Although there is no official data in Chile, there is evidence of deaths and serious injuries due to collisions between boats and whales. In addition, underwater noise from boat engines affects the health and well-being of the whales and dolphins, which depend on sound for communication and orientation. In addition to these, there are other problems of the industry, whose effects on whales and dolphins have not been adequately studied, but which we should consider while the studies are being conducted. One of these is the escape of salmonids, which compete with native species for food resources and may carry diseases that could affect smaller cetaceans in particular by reducing the availability of prey that serve as food. Microplastic pollution, 40 percent of which comes from salmon farming centers, is another under-researched environmental concern in terms of its impact on cetaceans. And the excessive use of antibiotics in Chilean salmon farming, one of the highest rates in the world, could be having negative indirect effects on the ecosystems that support these marine mammals. Finally, one of the most significant environmental impacts of the salmon farming in Chilean Patagonia is the generation of hypoxia and anoxia due to the excess of organic matter in the farming centers, coming from salmon feces and uneaten food that falls to the seabed. The decomposition of this matter consumes the oxygen in the water, creating zones in the sea where life becomes difficult or impossible. We hope that this report will fill the information gap that has become uncomfortable and even untenable in light of recent whale deaths. With this evidence, even in a scenario of limited knowledge, we will be able to encourage a governmental response towards the rapid implementation of effective protection measures for whales and dolphins in Chilean waters. Chile is a country of cetaceans, and as their guardians, we must ensure that our waters are a safe space for their development and well-being. Read and download the executive summary

Defender la biodiversidad del océano es defender el bienestar humano

October 24 2024 Coral reefs, Oceans, Toxic Pollution

To defend the ocean's biodiversity is to defend human well-being

Statement by civil society organizations at COP16 of the Convention on Biological Diversity (CBD) The ocean is one of the world's main reserves of biodiversity, as well as a source of food, renewable energy and our main ally in combating the global climate crisis. Human populations, in addition to having their livelihoods in the ocean, maintain cultural connections around the ocean that define their past, present and future. However, this immense source of life continues to suffer increasingly significant damage and impacts, while efforts to protect and restore it are not increasing at the same rate. The intrinsic connection between ocean and climate itself embraces the balance of the planet. On the one hand, the ocean regulates weather patterns and, on the other, its characteristics are seriously altered by the climate crisis. The main indicators of these changes are the increase in temperature and sea level, acidification, deoxygenation, modifications in ocean currents, and a greater intensity of hurricanes and meteorological events. This affects marine biodiversity, causing the loss of particularly vulnerable species and habitat fragmentation. Coral bleaching associated with changes in climate, for example, alters the dynamics of many other species that depend on them, generating consequences for tourism, fisheries, climate resilience and biodiversity, as well as socioeconomic and cultural impacts. Overfishing puts commercial target species and coastal-marine ecosystems in general at risk. Some of the fishing practices of greatest concern are the extraction of vulnerable or endangered species; the non-compliance with or non-existence of closed fishing areas, the demarcation of fishing zones, permitted sizes and volumes; as well as the abandonment of fishing gear, which contributes to the problem of marine debris and causes the death of many animals that are trapped in them. Intensive aquaculture, such as salmon farming, directly destroys the marine ecosystem through contamination due to the constant incorporation of nutrients and the high use of antibiotics, producing anoxia and harmful algae blooms. Marine pollution from land-based sources continues to be a major stress factor for the marine environment and poses particularly serious problems in developing countries, where integrated waste management is extremely deficient. This has resulted in the introduction of polluting substances and materials into the ocean (untreated sewage, solid waste, including plastics, and agricultural runoff), causing changes in the quality conditions of the water column and sediments, often fatal to marine biodiversity and affecting human health. Likewise, maritime sources of pollutants require particular attention, as the ocean is the main means of transporting goods globally. Maritime traffic involves the transport of substances harmful to the marine environment - such as hydrocarbons, toxic chemicals, sewage, ballast water, garbage, and other hazardous substances - that are discharged into the sea in routine operational tasks and in maritime incidents. Hydrocarbons pose a particularly complex problem because they are not only transported as cargo but are also used to propel ships, thus representing a latent risk scenario with impacts on air quality due to atmospheric emissions of carbon dioxide, nitrogen oxides, sulfur oxides and methane, mainly in ships that use liquefied natural gas (LNG) for propulsion. In addition, the negative impact on marine fauna of collisions with ships and underwater noise from various sources cannot be ruled out; these factors still lack sufficient and effective public policies and regulations. Additionally, oil spills in the marine environment cause suffocation and intoxication of marine species, bioaccumulation of harmful substances, and even the functional destruction of important habitats. These impacts in turn affect relevant social and economic activities - such as shipping, fishing, tourism, and port activities - as well as endangering the health and the right to a healthy environment of coastal communities. Spills from offshore oil and gas exploration and exploitation are not adequately controlled and regulated by governments, being authorized activities in the vicinity of vulnerable areas such as coral reefs. These operations face serious limitations to prevent and provide timely response to spills with mitigation, restoration, and compensation actions for the damage caused. Environmental impacts from related activities, such as seismic exploration, dismantling of underwater infrastructures and platforms, and associated maritime traffic, are rarely evaluated. Finally, although there are no exploitation efforts yet, underwater mining poses risks that are impossible to assess in their magnitude, including habitat destruction, which could be irreversible, and species extinction. This is especially worrisome considering how little is known about the ecological and physicochemical dynamics in deep-sea and deep-sea ecosystems. The development of these intrusive activities - without having the technical and scientific base information that would allow us to objectively identify the potential impacts, as well as the possibility or not of preventing, mitigating or restoring damages - would doubtless cause the alteration of a highly sensitive and complex ecosystem. In consideration of the above - in our role as civil society organizations working for the protection and sustainable use of the ocean and for the defense of the right to a clean, healthy and sustainable environment - WE URGENTLY CALL ON THE STATES PARTY TO THE CONVENTION ON BIOLOGICAL DIVERSITY TO: Incorporate the ecosystem approach - which notes the interdependence between the atmosphere, land, and ocean - into their national biodiversity policies, strategies, and action plans, considering the provisions set forth in the Advisory Opinion of the International Tribunal on the Law of the Sea, which notes that anthropogenic greenhouse gas (GHG) emissions meet the definition of marine pollution under the UN Convention on the Law of the Sea. Use environmental impact and cumulative impact assessment tools to promote transparency and citizen participation with a gender focus and with emphasis on the consultation and consent processes of groups in vulnerable situations, such as indigenous peoples and local communities, so that the traditional and cultural knowledge that comes from the territories is included and valued to promote the implementation of projects and human development activities in a responsible and fair manner, weighing the right to a clean, healthy and sustainable environment over short-term economic benefits. Sign, ratify, and commit to the effective implementation of the Regional Agreement on Access to Information, Public Participation, and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) for these rights, and establish mechanisms for transparency and accountability in any environmental proceedings. Apply the precautionary principle in the absence of certainty or scientific information and recognize technical knowledge, science, and local wisdom as the basis for decision-making processes focused on the protection of the environment and biodiversity. Sign, ratify, and commit to the effective implementation of the Agreement on the Conservation and Sustainable Use of Biodiversity beyond National Jurisdiction (BBNJ Agreement), an instrument that will make it possible to advance in the protection of at least 2/3 of our planet. This will allow for: the equitable sharing of benefits derived from the use of marine genetic resources; the use of area-based management mechanisms, including the designation of marine protected areas; the development of environmental impact assessments prior to offshore activities; as well as capacity building and the transfer of marine technology for the benefit of the ocean. Continue to apply moratoriums on underwater mining activities based on the lack of sufficient technical and scientific information to foresee, prevent, control, and mitigate the potential impacts on the biological diversity of unknown ecosystems in deep waters and on the seabed. Sign, ratify, and commit to the effective implementation of the Agreement on Port State Measures (MERP Agreement) - to prevent, deter, and eliminate illegal, unreported, and unregulated fishing - as well as the Agreement on Fisheries Subsidies, to promote fishing practices that recognize the relevance of ocean sustainability. Strengthen and harmonize regulations on fishing and aquaculture, also advancing in their correct control, with the objective of ensuring the sustainability of these activities; avoiding illegal, unreported, and unregulated fishing; minimizing negative impacts on marine ecosystems and vulnerable species. Implement the Guidelines for Achieving Sustainability in Small-scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) in order to: recognize the contribution to the fishing economy of men and women working in all activities of the fisheries value chain; guarantee food security and the right to food; contribute to the development of communities engaged in this type of fishing; achieve sustainability of fishery resources; as well as promote culture and ancestral and traditional knowledge around fishing. Advance quickly and effectively in the process of negotiating a legally binding instrument on plastic pollution through the application of the circular economy model and responsible management throughout the entire cycle of these products. Plan mitigation and adaptation actions in the short-- and medium-term to address the effects of the climate crisis on the ocean and protect its carbon sinks through strategies and policies that contemplate the just and equitable energy transition in ocean-dependent sectors, in addition to the conservation and restoration of key ecosystems such as mangrove forests, seagrasses and coral reefs with a holistic and socio-ecological approach. The obligation of States Parties to the United Nations Framework Convention on Climate Change (UNFCCC) to submit updated Nationally Determined Contributions (NDCs) by 2025 is an opportunity to include, as climate commitments, measures aimed at mitigating impacts on the ocean and their restoration. These measures should not be limited to the creation of carbon markets in the ocean, but rather ensure the comprehensive protection of marine and coastal ecosystems, especially considering their fundamental role in climate regulation. Sign, ratify, and commit to the effective implementation of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention); prioritize the creation and application of national regulations on standards and permitted thresholds for the discharge of polluting substances into the sea, harmonized with international law, and based on follow-up and monitoring programs that respond to the dynamics of each country. Adopt relevant domestic measures to reduce anthropogenic pressures currently affecting coral reefs, slowing the processes that are causing their degradation and allowing coral cover to be maintained at minimum levels that guarantee their permanence and connectivity. These measures include: Regulating environmental impact studies and management plans for offshore hydrocarbon extractive and prospective activities and other activities carried out near coral reefs and areas sensitive to coral bleaching. Avoid authorizing offshore hydrocarbon exploration and exploitation activities near coral reefs. Regulate the transit of ships near marine protected areas and particularly sensitive marine zones in terms of ballast water pollution and other polluting technologies for the marine environment that may affect the state of coral reefs. This will also reduce the possibility of accidents and groundings. Guarantee the rights and meet the needs of coastal and island communities that live from fishing - especially artisanal fishing - and local tourism that are being affected by the climate crisis and environmental problems, seeking to protect them from the degradation of marine-coastal biodiversity. Increase governmental efforts to create and implement programs and activities for capacity building and transfer of marine technology to reduce the gaps between developing and developed countries. This will enable ocean protection to be embraced globally as a pathway to climate and environmental justice. Guarantee the financing of policies, programs, plans, studies, and regulations, ensuring the necessary budgetary allocations to safeguard and manage coastal-marine ecosystems. To this end, they should target the use of all available means within countries, as well as international climate finance funds, cooperation projects and multilateral instruments dedicated to addressing the climate crisis and the mechanisms that have been agreed upon in the framework of the UNFCCC and the Paris Agreement, including the Green Climate Fund (GCF), as well as available resources from the private sector. Similarly, blue finance mechanisms that benefit vulnerable groups and have a positive impact on ocean health should be prioritized. Effective protection of our ocean is not possible without the commitment of the States Parties to the Convention on Biological Diversity. We therefore call for action and the definition of urgent national and international interventions to strengthen ocean governance. The risks of ignoring the accelerating impacts are too great. It is time to prioritize the health of the ocean and with it our own health. Signatory organizations: Interamerican Association for Environmental Defense (AIDA). Mexican Center for Environmental Law (CEMDA) Center for Marine Justice Mesoamerican Reef Fund (MAR Fund) Cethus Foundation MarViva Foundation Healthy Reef Initiative (HRI) Coral Reef Alliance Foundation for Eco-development and Conservation (FUNDAECO) High Seas Alliance (HSA)

June 04 2024 Oceans, Toxic Pollution, Climate Change

Maritime shipping: what’s being done to reduce emissions?

Maritime transport is the activity of moving goods from one destination to another by sea. It is fundamental to trade and accounts for 80% of global shipping. However, it is also a major source of pollution, particularly greenhouse gases that warm the planet and other pollutants that harm human health. The sector therefore needs to decarbonize its activities by reducing its emissions, both in transport and in the loading and unloading of goods at ports around the world. How many emissions does international shipping produce? Every year, 10 billion tons of cargo are transported by sea, accounting for 2.9% of global greenhouse gas emissions - including carbon dioxide (CO₂) - a percentage close to that of Japan. This is because ships use enormous amounts of oil to move, emitting nearly 1 billion tons of greenhouse gases. The above figures do not include emissions generated at cargo ports, which are not automated and use fossil fuels. The main energy source for ships moving goods around the world is heavy fuel oil, a highly polluting fossil fuel that produces CO₂ emissions that accelerate global warming. In 2023, greenhouse gas emissions from shipping will be 20% higher than they were 10 years ago, according to the United Nations. And projections published by the European Environment Agency indicate that they could reach 17% of global emissions by 2050 if no action is taken to decarbonize the sector. The warming and subsequent melting of the Arctic - the geographic region around the North Pole - is evidence of the impact of shipping emissions on the global climate: According to the Clean Arctic Alliance, the Arctic —one of the world's most important climate regulators— is warming up to four times faster than the rest of the planet. Much of this is due to emissions of black carbon, or soot, from shipping, which is the residue left after heavy fuel is burned on ships. Black carbon is emitted in both gaseous and solid forms. As a gas, it contributes to the greenhouse effect in the atmosphere; as a solid particle, it accelerates the melting of snow and ice. How do ship emissions affect human health? International shipping generates pollutants such as black carbon and particulate matter that affect human health. According to the Barcelona Institute for Global Health, which reviewed 32 studies on shipping emissions, the industry could be responsible for an estimated 265,000 premature deaths worldwide in 2020. This means that 0.5% of global mortality would be associated with its emissions. Although air pollution from shipping is a global problem, it disproportionately affects coastal populations, especially those living near ports and other industrial facilities. Who is responsible for preventing emissions from shipping? The International Maritime Organization (IMO) is the specialized agency of the United Nations responsible for setting standards for safe, efficient, and environmentally sound shipping. In 2023, the 175 countries that make up the IMO agreed to reduce greenhouse gas emissions from industry by 20-30% (compared to 2008) by 2030 and by at least 70% by 2040. The pact is complemented by a target to achieve a zero emissions balance (so that gases released into the atmosphere are neutralized or offset by sinks) by "around 2050." Within this framework, meetings at the IMO in the coming months and until April 2025 will focus on achieving the decarbonization of shipping through a just energy transition. During this period, a range of technical and economic measures will be analyzed and discussed to achieve the objectives of the Ship Emissions Reduction Strategy. The main challenges of these efforts include: Meeting market demand for zero emission fuels in the volume required to power the entire global marine fleet. Bridging the cost gap between fossil fuels and low-emission fuels. Enabling ships to adapt their technology for a rapid transition to cleaner fuels. The process of decarbonizing maritime transport will require the combined efforts of various actors: States, companies, NGOs, and international governance organizations. It is a complex process that involves the entire global shipping chain. For the decarbonization of the sector to be equitable, it is necessary to take into account shared responsibilities as well as the different needs and capacities of countries in the face of the costs of phasing out fossil fuels in maritime transport. It must also consider the impact that global warming is already having on economically and climatically vulnerable countries, such as islands, least developed and developing countries. sources - International Maritime Organization, "Introduction to the IMO". - Natalie Mueller, "Maritime transport: the forgotten pollution", Barcelona Institute for Global Health. - Michelle Carrere, "Agreements to reduce shipping emissions considered ‘weak’ by environmental organizations", Mongabay. -Paula Mateu, "Maritime transport will reduce emissions by 30% in 2030 but NGOs see it as insufficient", La Vanguardia.

Vista aérea de la Reserva Nacional Kawésqar, Chile

April 04 2024 Indigenous Rights, Oceans, Human Rights

The Kawésqar people and the defense of their "maritorio" in Chile

By Liliana Ávila and Cristina Lux* A little over a month ago, the community Kawésqar Grupos Familiares Nómades del Mar sent us a very special invitation. The appointment was near the sea, near their territory, or more precisely, near their "maritorio", a place of islands, islets and archipelagos. There, the borders between sea and land are blurred and the trees grow sideways, adapted to the strong winds. The maritorio is a concept and also a way of inhabiting and understanding the world. It evokes the image of "territory", but seen from and in the sea. As a concept, it emerged in the context of what is known as nisology, or the study of islands. The place we visited is located in the fjords of Magallanes, the southernmost region of Chile, about two hours from Punta Arenas, the regional capital. The Kawésqar people tell us that less than a century ago, this maritorio was their home. There, their grandfathers and grandmothers sailed among the fjords, built their canoes, fished and dived. They went into the icy sea without special neoprene suits, protected with sea lion oil, and there they learned the secrets that its depths held. In the midst of fjords, winds and intense climates, these people developed their own systems of thought and life. But the lives of the Kawésqar have changed radically in recent decades. They tell us so. The vast territory that previous generations inhabited for centuries is now enclosed. The process of eradication has been accompanied by the commercialization of the land, the creation of extensive pastures and, more recently, the development and expansion of the salmon farming industry. Industrial salmon production has serious and lasting impacts on marine ecosystems. The communities of Kawésqar are well aware of this. Salmon is an exotic and carnivorous species for Chile, raised in huge farms: hectares of cages in the sea. The introduction of exotic species (which threaten native species), the excessive use of antibiotics, salmon escapes, the generation of waste, the treatment of large quantities of dead salmon, the excessive discharge of organic matter into the sea, and the generation of anaerobic environments (total or partial loss of oxygen necessary for life to thrive) are just some of the impacts of salmon farming in Chile. These impacts not only accumulate in the waters and on the seabed, but also penetrate the lives of the Kawésqar communities. The maritorio that their grandfathers and grandmothers sailed is now a desecrated space. The processes of reconstructing their identity, the appropriation of sacred places and the rites that are part of their collective memory have been affected by the development of an industry that sees the sea only as a space of economic exploitation and not as the sacred place where, in the not so distant past, men and women developed their worldviews and ways of life. Despite everything, the Kawésqar are a living people who meet, who gather around the sea and discuss strategies to rebuild their cultural fabric. They also come together to honor their grandfathers and grandmothers, to activate the genetic memory that connects them to the sea, to dive into its waters and fight for a salmon-free sea and for a country that recognizes the cultural diversity that runs through its history. We also connect with the legacy of the Kawésqar. Swimming with people from the community in these seas that have been navigated for thousands of years allowed us to look out a window that blurs the present and shows us alternatives. A present that allows life and coexistence with the sea, its ecosystems and its balance. Their struggle— supported by AIDA, the NGO FIMA, Greenpeace and many other organizations— has borne fruit. It has highlighted the impact of salmon farming in Chile and the need to end our dependence on it. But the challenges are still enormous. Salmon farming continues to ravage the seas inside and outside protected areas, in the most remote areas of Patagonia, occupying spaces that were once shared by all the peoples and creatures that inhabited the territory. Meanwhile, the people of Kawésqar continue to travel through their territory —rewarded and lived in and from the sea— identifying and recomposing their history, swimming in the waters that surround them. They do not lose hope of returning to their sea; they to continue to exist in it. *Liliana Avila is coordinator of AIDA's Human Rights and Environment Program; Cristina Lux is an attorney with the Climate Program.

January 31 2024 Indigenous Rights, Oceans

5 years of the Kawésqar National Reserve: pending issues for its protection

Local communities denounce that the area is highly affected by salmon farming, which is failing to comply with environmental regulations. On January 30, 2019, the Official Gazette published the decree creating the Kawésqar National Reserve in Magallanes, which extends over 2,842 hectares between fjords and Patagonian peninsulas. The purpose of this classification was to guarantee the protection of the area, its territory and biodiversity, as well as to establish that it is the duty of the State to ensure its conservation. This year, 2024, marks the fifth anniversary of this milestone, which begs the question: is the reserve's objective being achieved? The community's claims With the qualification of National Reserve, this area was separated from the Kawéskar National Park, which offers broader protection. In the opinion of the local communities, this administrative division determines in a whimsical way what to prioritize and separates the land from the sea, as if they were independent elements, which causes "divisions and confusion to grow at all levels," says Eric Huaiquil Caro, a member of the Kawésqar Communities Kawésqar Family Groups Nomads of the Sea. He also says that the "agreements that were made in the indigenous consultation have not been responded to." Finally, Caro asks that the conservation of this reserve be done "without salmon farms and we hope that this will be established in the Management Plan that will be submitted for consultation in March 2024." An overstressed area Within the Kawésqar National Reserve lie the richest kelp forests in the country, an ecosystem considered key to combating climate change, as they can absorb high levels of carbon dioxide and regenerate marine systems. Although the State must guarantee their protection, the area is experiencing great pressure from the salmon farming industry. For example, there are 133 approved concessions in the entire Magallanes Region and 85 in process, of which 68 approved and 57 in process are in the Kawésqar National Reserve, "which seems unusual to us because it has been proven that the salmon farming industry is neither sustainable nor compatible with the ecosystemic care of the reserve. This is fundamental to the creation of the Reserve's Management Plan, which is currently being designed and which should establish the incompatibility of the industry within the zone's protection mandate, as documented in the report we have prepared together with the communities," says Cristina Lux, an attorney with the Interamerican Association for Environmental Defense (AIDA). "Forty-three percent of the concessions approved within the Kawésqar National Reserve have presented anaerobic conditions within the framework of their operations, according to information obtained from the Environmental Reports for Aquaculture. This means that they suffer or have suffered total or partial loss of oxygen, which affects the living conditions of all of the area's biodiversity," adds Estefanía González, Campaigns subdirector at Greenpeace Chile. The impact, explains Sofía Barrera , an attorney for FIMA, is "enormous and highly destructive." "To begin with, these farming centers are concentrated in just seven sectors (Staines Peninsula, Taraba Sound, Poca Esperanza Strait and Vlados Channel, Glacier Sound, Skyring Sound, Desolation Island and Xaltegua Gulf), which also concentrates their synergistic effects. Some of these are the impact of boat routes, the killing of sea lions to prevent them from attacking the salmon cages, the overproduction of salmon, the presence of garbage outside the concession polygons and the detection of the ISA virus in the farming centers, which ends up making the rest of the marine ecosystem sick, something that has been recognized by Environmental Courts," adds Barrera. "In addition, the dispersion of organic matter from the cultivation centers causes eutrophication and harmful algal bloom events (HAB), generating significant changes in water quality and affecting marine life," adds González. In the opinion of the representatives of these three organizations, despite the legal prohibitions and environmental requirements, the fact that many of these projects have been submitted and approved through environmental impact statements raises legal and political questions. "Why are the authorities not ensuring the real care of this area, whose interests are being taken care of, and how is the salmon industry influencing our authorities," asks Barrera. Unfortunately, González adds, when explanations have been requested, "we have not received answers or certainty. That is why it is urgent to advance towards a management plan that really protects this ecosystem and does not allow more centers that put biodiversity at risk."

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!

August 02 2023 Coral reefs, Oceans

Mexican environmental authority violates Mexico’s highest court and international obligations when reissuing a permit for a port expansion that threatens the Veracruz Reef System

In a legal brief, AIDA and Earthjustice argue the Secretary of the Environment failed to properly evaluate the environmental impact of the project to the reef, a UNESCO World Heritage Site, as required by Mexico’s highest court. Mexico City, Mexico – Today, AIDA (Interamerican Association for Environmental Defense) and Earthjustice filed a brief with the Fifth District Court of Veracruz to help protect the Veracruz Reef System from the Veracruz port expansion project. When reauthorizing the project, the Secretary of the Environment and Natural Resources (Semarnat) not only failed to comply with a ruling of the Supreme Court of Justice of the Nation, but also ignored Mexico’s international obligations regarding environmental protection and human rights, including the human right to a healthy environment guaranteed in the Mexican Constitution. This was demonstrated by AIDA and Earthjustice in a legal brief (Amicus Curiae or "Friend of the Court") filed before the Fifth District Court of Veracruz. In it they request that the court -- which is in charge of determining whether the Supreme Court’s ruling was complied with or not -- establish contempt and force Semarnat to re-examine the project based on the environmental impact assessment procedure required by the high court. "The authorities must comply with the Supreme Court ruling and protect this internationally-recognized natural treasure of Mexico. The human right to a healthy environment cannot be ignored," said Guillermo Zúñiga, a Veracruz native and Earthjustice attorney. "The reef not only hosts the greatest biodiversity of species in the central region of the Gulf of Mexico, but also helps mitigate the impact of storm surges and hurricanes. The people who grew up here, as I did, and who live here now, know the value of this sanctuary where land and sea harmonize in unity." On February 9, 2022, residents of Veracruz won a victory before the Supreme Court in an amparo action filed to defend the Veracruz Reef System -- the largest reef in the Gulf of Mexico -- and its environmental services against the Veracruz port expansion project. The Supreme Court ordered the revocation of the permits by determining that Semarnat, by approving the project, violated the right to a healthy environment of the people of Veracruz. Despite the ecological, cultural, and economic importance of the Veracruz Reef System, the environmental authority had authorized the port expansion in a fragmented way, dividing the project into 15 permits and diluting its true impact. In addition, it completely excluded from its analysis a non-emerging reef ("La Loma") located in the area of the Veracruz Reef System National Park. In its ruling, the Supreme Court ordered the environmental authority to reevaluate the project in an integral, holistic and complete manner. In addition, it ordered that the new evaluation be made in accordance with the elements that make up the right to a healthy environment, as well as the principles of prevention and precaution, enshrined in international law. It also requested the support of the National Council of Natural Protected Areas and the International Wetlands Committee of the Ramsar Convention to design a protection scheme for the Veracruz Reef System. "Right now, the court has the opportunity to confirm the transformative effect of the Supreme Court's ruling and set a valuable precedent for the real protection, not just on paper, of Veracruz's reefs and the universal right to a healthy environment," said Sandra Moguel, an attorney with AIDA's Ecosystems Program. "Including the international authorities of the Ramsar Convention would mean strengthening the project's environmental impact assessment with technical knowledge and transparency." As demonstrated in the brief, by granting a second permit to the project -- on December 30, 2022 -- Semarnat failed to comply with the Court's ruling and the Mexican State's obligations because: It did not require a new environmental impact study -- mandatory for projects of this size under international law and national legislation -- to analyze the cumulative impacts of all segments of the original project. On the contrary, the environmental authority based its assessment on the original deficient statements. Even so, it left three of the original segments out of its analysis. It failed to submit its new assessment to a public consultation nor did publish new information on the impacts of the project before authorizing it again. In this way, it ignored the rights of the people of Veracruz to public participation and access to information in environmental decision-making. Semarnat has not yet requested the support of the National Council of Natural Protected Areas or the International Wetlands Committee. The participation of this committee is of particular importance due to its experience and technical knowledge in the protection of protected areas and wetlands. The Veracruz Reef System is a Natural Protected Area designated under national legislation, a wetland of international importance under the international Ramsar Convention, and a UNESCO World Heritage Site. AIDA is an international non-profit organization that has been protecting the human right to a healthy environment in the Americas for 25 years. Earthjustice is the premier nonprofit public interest environmental law organization in the United States. We wield the power of law and the strength of partnership to protect people's health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. press contacts Sandra Moguel, AIDA, [email protected] (Spanish and English) Kathryn McGrath, Earthjustice, [email protected] (English) Guillermo Zúñiga, Earthjustice, [email protected] (Spanish)

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.