Toxic Pollution

Vista panorámica de la ciudad de La Oroya, Perú.

March 22 2024 Toxic Pollution, Human Rights, Mining

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

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

Lagunas de Siecha, Parque Nacional Natural Chingaza, Colombia.

February 26 2024 Toxic Pollution, Climate Change, Human Rights

Forest fires: How can we help prevent them?

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

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.

August 28 2023 Mining, Toxic Pollution, Human Rights

Voices seeking justice for the community of La Oroya

The situation of the community of La Oroya in Peru, affected by decades of toxic pollution and the lack of effective government action to combat it, is not an exception in Latin America. Unfortunately, there are many environmental and social sacrifice zones in the continent where highly polluting activities, such as the La Oroya metallurgical complex, are developed. These activities are poorly supervised by the authorities responsible for guaranteeing life, health, personal integrity and other human rights. The importance of the case responds precisely to these realities and transcends the Peruvian context, representing a historic opportunity to set an important precedent for the entire continent. The Inter-American Court of Human Rights, which has yet to rule on the responsibility of the Peruvian state and the reparations to be made to the victims, has taken up the case. In anticipation of the decision, we’d like to share the testimonies of those who have been a key part of the search for justice for La Oroya. They are voices that demonstrate the gravity of the damage caused, and that show that the road to justice has been long, but fruitful. They are voices that express the urgency of guaranteeing a better future for the inhabitants of La Oroya and, ultimately, the effective enjoyment of the right to a healthy environment in the continent. 1. yolanda zurita, petitioner in the case "Community of La Oroya v. Peru" before the Inter-American Human Rights System: 2. anna cederstav, AIDA’s Deputy Director and CFO: 3. Liliana Ávila, Coordinator of AIDA's Human Rights and Environment Program:

Vista áerea de la Fundición Ventanas en la comuna de Puchuncaví, Chile

July 21 2023 Toxic Pollution, Climate Change, Human Rights

When the energy transition isn’t just: The case of Quintero and Puchuncaví in Chile

By Cristina Lux and Florencia Ortúzar * The energy transition in Chile will inevitably occur. In fact, it is already underway. The country doesn’t have large deposits of fossil fuels, but it does have abundant renewable energy resources. It only makes sense, then, that prior dependence on coal should naturally shift to the sun, wind and other renewable sources. Today, after decades of struggle by local communities, the closure of Chile’s original 28 coal-fired thermoelectric power plants is underway as part of the Decarbonization Plan promoted by the government in 2019. Eight have closed, six others have a future closure date, six more are in the process of establishing one, and eight do not yet have a closure plan. If the government and private actors deliver as promised, the thermoelectric plants as a whole should close before 2040, freeing Chile from the energy derived from burning coal. But the history of coal dependence will undoubtedly leave a deep mark. For many years, Chile obtained more than 50 percent of its energy from thermoelectric plants, all located in just five locations, known as "sacrifice zones." The people who live in those areas have long suffered at the expense of generating electricity for the rest of the country. The story of one of the most emblematic of Chile’s sacrifice zones, the bay of Quintero and Puchuncaví, demonstrates why the transition not only must occur, but why it has to be just. A beautiful seaside resort battered by pollution With a little more than 40 thousand inhabitants, the bay of Quintero and Puchuncaví is located two hours by road from the country's capital. The families there have historically lived from agriculture, artisanal fishing and tourism, ways of life that have been extinguished by the relentless advance of intensive industrial activity. Photo: Claudia Pool / @claudiapool_foto / www.claudiapool.com Today, the site is home to more than 30 different companies: a coal-fired thermoelectric complex, gas-fired thermoelectric plants, a copper refinery and a petroleum refinery, a regasification port, a cement plant, ports that receive coal and other fuels, as well as coal and ash storage centers, among others. Public information regarding the emissions of this mix of companies is deficient and the lack of regulations governing them is abysmal. In fact, only a few pollutants are regulated. The rest are not even measured, despite the fact that several are dangerous to human health. And so, paradoxically, the monitoring stations show normal levels as people are being intoxicated in the streets and schools. In the bay there are often mass poisonings of adults and youth, many of whom end up in the hospital. In these cases, schools are closed, but businesses are not, and the wind is monitored to activate protocols in case of poor ventilation. The blame is placed on the lack of wind instead of on those responsible for the pollution. It’s also common to see coal deposits on the beaches, which stain the sands. In 2022 alone, more than 100 episodes were recorded. It’s alarming how the situation affects local children, who are particularly vulnerable to pollution due to its effects on human development. The impact on women is also disproportionate, as they are the first to be forced to leave their jobs to care for sick family members since they bear the brunt of the care work. Things have not been done well in this beautiful coastal area. Today, new projects and the expansion of industrial operations continue to be approved. But the community is rising up, demanding a truce for this area. It is time to move towards ecological restoration in Quintero and Puchuncaví. Signs of hope Some recent events are giving hope that things could improve in the bay and that this area, which for years has been sacrificed in favor of the rest of the country, could once again show its beautiful beaches and wonderful fishing and agricultural resources to Chile and the world. Although the situation is not yet cause for celebration, some things seem to be moving in the right direction. One important step was the environmental damages lawsuit filed in 2016 by local communities against the government and all the companies in the industrial corridor. The process has been long, but a final judgment is expected soon. Meanwhile, in 2019, the Supreme Court resolved several appeals for protection for episodes of mass intoxications, giving reason to the communities and issuing a landmark ruling, perhaps the most important on environmental matters in Chile. The ruling orders the State to comply with 15 measures to identify the sources of contamination and repair the environmental situation in the area. Sadly, this ruling has not yet been properly implemented. Moving forward, the Supreme Court recently issued three rulings that refer to non-compliance with the 2019 ruling and provide tools to enforce compliance. Also, two of the four thermoelectric plants of the U.S.-owned AES Andes have closed operations in the bay. Two remain. Finally, in May, after 58 years of operation, the furnaces and boiler of the Ventanas Smelter were finally shut down. Thus, the icon of pollution in the area—a 158-meter chimney that consistently expelled pollutants—ceased to operate. The search for justice is far from over Despite the good signs, there is still no secure future for the people of Quintero and Puchuncaví. That’s why we must continue to demand justice and a transition that protects the most vulnerable people. Photo: Claudia Pool / @claudiapool_foto / www.claudiapool.com Although two of the four AES Andes thermoelectric plants operating in the bay have closed, the companies that owned them have been granted "strategic reserve status," whereby they are paid to remain available to operate again if required. On the other hand, although the copper smelter of the state-owned Corporación Nacional del Cobre closed, the refinery continues to operate in the area. There was a relocation plan for the workers, but no remediation plan for the communities that for almost six decades breathed the toxic waste of that industry. In addition, projects continue to be approved without the participation of the communities. This is the case of the Aconcagua desalination plant, which intends to desalinate water to transport it through subway pipes over 100 km to supply the Angloamerican mining company. Last but not least, decarbonization in Chile seems to bring an increase in the use of gas, which has been falsely labeled as a "transition fuel." It’s expected that gas activity in the area—which hosts one of the country's two LNG (liquefied natural gas) regasification ports—could intensify and, with it, so could its environmental impacts. Chile has the opportunity to set an example of just transition Chile, located at the end of the continent, has the opportunity to do things right. There are indications they’re moving in the right direction; the only thing missing is the political will to change course. The region of Quintero and Puchuncaví deserves the opportunity to shine again and to reach its full potential as a colorful coastal town and seaside resort with an identity rooted in agriculture, tourism and artisanal fishing. In this case, a truly just transition must include the closure of polluting companies that are making people sick. But it must also involve the participation of those people affected, putting the respect of their human rights at the forefront—a respect that was so diminished over the last six decades. The injustice that has weighed on the territory and its inhabitants must be recognized—establishing reparation mechanisms, ensuring non-repetition, and involving the people themselves in the environmental recovery of the area. Only in this way will the communities recover their capacity for agency—that power to decide and to be part of the decisions that affect them—which was taken away from them so many years ago. *Cristina Lux is an attorney with AIDA's Climate Program and Florencia Ortúzar is a senior attorney with AIDA.

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.

November 17 2022 Mining, Toxic Pollution, Human Rights

Organizations, coalitions, academia, and specialists support victims of toxic contamination in La Oroya

Experts filed 15 amicus briefs before the Inter-American Court of Human Rights upholding the central argument of the case: that the government of Peru is responsible for violating the human rights of residents of La Oroya for the lack of urgent and effective actions to address pollution from a metal smelter, and its harmful effects. San José, Costa Rica. Organizations, coalitions, academia, and specialists presented 15 legal briefs (Amicus curiae) before the Inter-American Court of Human Rights to support the case of residents of La Oroya against the government of Peru, for human rights resulting from a metal plant spewing toxic pollution into the Andean city for nearly 90 years. The briefs contain solid evidence that support the central argument of the case: that the Peruvian government—by not taking urgent and effective action to address the pollutions and its effects—is responsible for the violation of the rights to life, health, personal integrity, childhood, and a healthy environment of the residents of La Oroya. This argument as expressed in a public audience on October 12 and 13, when the international court heard from witnesses, experts, victims, and government representatives. The briefs, sent to the Court between October 11 and 28, demonstrate that the importance of the case surpasses the Peruvian context and represents a historic opportunity to establish a key precedent in Latin America, and the world, that strengthens the right to a healthy environment and government’s role supervising business activities. One of the briefs was presented by the University Network for Human Rights in partnership with a panel of experts: five former authorities from the Inter-American Commission on Human Rights (Tracy Robinson, James Cavallaro, Paulo de Tarso Vannuchi, Flávia Piovesan and Paulo Abrão) and three former Special Rapporteurs to the United Nations (John Knox, James Anaya, and Juan Méndez). Briefs were presented by Peruvian organizations— including the Technical Committee for Environmental and Human Health and the Civil Society Platform on Business and Human Rights—as well as from other countries in Latin America—the Mexican Center for Environmental Law (Mexico), Defensoria Ambiental (Chile), and Justice for Nature (Costa Rica)—and international organizations such as Earthjustice and The Center for Justice and Environmental Law. Furthering the international scope of the hearing, The Working Group for Strategic Litigation of Red-DESC and the United Nations Working Group on Business and Human Rights. From the academic sector, support came from the Human Rights Research and Education Center of the University of Ottawa (Canada), the Clinic for Human Rights of the Postgraduate Law School of the Pontificia Catholic University of Paraná (Brazil), and the Legal Clinic of Environmental and Public Health of the University of the Andes (Colombia). Other writings were presented by experts on the issues that the case addresses: David R. Boyd, Special Rapporteur to the UN on human rights and the environment, medical anthropologist Susana Ramírez, and attorneys Carla Luzuriaga-Salinas, Macarena Martinic Cristensen, and Ezio Costa Cordella. Following the hearing and the briefs, the next step in the legal process is to present written closing arguments a potential visit to La Oroya by the judges from the Court. The sentence, which cannot be appealed, is expected within six months. press contact Víctor Quintanilla (Mexico), AIDA, [email protected], +525570522107

November 03 2022 Mining, Toxic Pollution, Human Rights

Victims of toxic contamination in La Oroya take their voice before the Inter-American Court

There’s no deadline that won’t be met. And so, after a 20-year quest for justice, the habitants of the small Andean city of La Oroya, Peru appeared before the Inter-American Court of Human Rights. On October 12 and 13, the judges of the high international court heard their complaint against the government of Peru for the serious violation of human rights derived from a metal smelter that has contaminated La Oroya for almost 90 years. The city has been documented as one of the most polluted places on the planet. "The contamination from the La Oroya Metallurgical Complex has permeated every component of its inhabitants' environment: the water they drink, the soil they walk on, the air they breathe, the schoolyards and the mountains that frame their living environment," said AIDA's attorney Liliana Avila, as she presenting closing arguments in the case. Brave Testimonies At the hearing in Montevideo, Uruguay, three affected former residents of La Oroya gave their testimony. They are just a few of the more than 80 courageous people who filed the lawsuit—those residents willing to defend their right to live in a healthy environment despite the context of harassment they have faced because of it. "The period in which the metal smelter developed was disastrous. The toxic gases emanating from the complex created a thick mist that turned into a dandruff that coated the faces of the children,” recalled Rosa Amaro, a 74-year-old mother who chaired the Movement for Health in La Oroya, where she lived until 2017. “We tried to survive, but the government was like a father who turned his back to us.” Dressed in warm clothes and a woolen hat, Rosa's face, body and voice bore the indelible marks of the passing years, deteriorating health and the fear that forced her to leave her hometown. "They call us enemies of La Oroya." In tears, Rosa expressed to the court her desire to return home and to see her name cleared of all stigmas. "Our struggle is not for one, it is for an entire population". The case represents many more residents of La Oroya who, for fear of reprisals, are not named in the lawsuit. After testifying, Rosa felt relieved of a heavy burden and with enough strength to continue. The population of La Oroya has breathed multiple toxic substances that, according to scientific evidence, cause serious risks to human health. The contamination with lead and other heavy metals has burst into their respiratory system, traveled through their bloodstream and has been deposited imperceptibly in their vital organs. "I didn’t have a childhood because I spent it locked up in four walls, not because they wouldn’t let me go out, but because of the discomfort, because our throats were itchy,” Maricruz Aliaga, 28, told the court. “When we went to school, my mother protected us [from the ashes] with a hat." The contamination has affected her memory and is the reason why, even today, her body is paralyzed several times a year. “In Huancayo, I could breathe.” As a child, Maricruz’s vacations to the neighboring city made her realize that it was not normal to watch the plants she took to school die after just 15 days. Following a lifetime of hostility due to her family’s activism, she now lives in another city, and the effects on their health were her main motivation to study nursing. The toxic elements from the smelter remain in the bodies of those who lived and grew in La Oroya. Their presence has caused health problems, many of them irreversible, and may generate new illnesses in the future. "The only thing we want, since we are no longer going to enjoy good health—that is already done, my health is already destroyed—is for future generations to enjoy good health," Yolanda Zurita added in her testimony before the court. "That will be our reward, our satisfaction; that is what we are looking for." The road to justice Reaching this point has not been easy. On behalf of the victims, and with the support of the Asociación Pro Derechos Humanos (APRODEH), in 2006 AIDA filed the international complaint against the Peruvian government. Finally, in October 2021—15 years after the process began—the Inter-American Commission on Human Rights (IACHR) established the government's responsibility for right violations and referred the case to the Inter-American Court. Preparation for the hearing began at that time and intensified in the weeks leading up to it. The long hours of work were reflected in the solidity with which we demonstrated that the government is responsible for violating the rights to life, health, personal integrity, children and a healthy environment of the inhabitants of La Oroya. At the hearing we presented four main arguments: The existence of serious environmental contamination, The risk and causal link with the damages derived from that contamination, The government’s knowledge of that situation, and The absence of urgent and effective measures to respond to it. In addition, we called in experts whose testimony amply supported our allegations. Two of them presented their findings at the hearing. "The duty of care does not arise with clinical harm, but with the risk of harm," emphasized Marcos Orellana, UN Special Rapporteur on the human rights implications of exposure to hazardous substances and toxic waste. In addition, Marisol Yañez, a psychosocial expert, demonstrated based on 61 in-depth interviews, four focus groups and psychometric tests the existence of "environmental suffering," aggravated by impunity and stigmatization. After the hearing, there remains the written presentation of the arguments and a potential visit to La Oroya by the judges of the Court. The sentence, which cannot be appealed, is expected within the next six months. The importance of the case goes beyond the Peruvian context and represents a historic opportunity to establish a key precedent for all of Latin America. "This is the first case before this court with the potential to develop in-depth violations of the right to a healthy environment as the result of government action regarding public and private companies,” explained Jorge Meza Flores, deputy executive secretary of the IACHR's Petitions and Cases System. Taking into account what is at stake is undoubtedly fundamental when the national debate around La Oroya has prioritized, even in these days, the possible reactivation of the metal smelter over the protection of the fundamental rights and health of an entire population.

October 05 2022 Mining, Toxic Pollution, Human Rights

With La Oroya case, the Inter-American Court may set a key precedent for protecting a healthy environment in Latin America

On October 12 and 13, the international court will hear the case of people affected by toxic pollution in La Oroya, Peru. Beyond reestablishing the rights of the victims, the court’s eventual decision marks an historic opportunity to strengthen the protection of the right to a healthy environment in the region and to encourage States to adequately supervise corporate activities. Montevideo, Uruguay. On October 12 and 13, the Inter-American Court of Human Rights will hear the case of residents from La Oroya, Peru, whose fundamental rights have been violated for decades due to heavy metal contamination from a metal smelting complex. The hearing will take place during the 153rd Session of the Court, to be held October 10-21 in Montevideo, Uruguay. Last October, 15 years after the international lawsuit against the Peruvian State was filed, the Inter-American Commission on Human Rights—in it’s decision on the merits of the case—established the Peruvian government’s international responsibility in the violation of the human rights of the residents of La Oroya, and referred the case to the Inter-American Court. At the hearing next week, as part of the process of drafting their ruling, the judges of the court will hear from witnesses, experts, and victims, as well as from State representatives. As organizations that have legally represented and accompanied the group of victims since the beginning of the case, the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH) will bring to the court strong arguments, supported by legal and scientific evidence, to defend the rights of the affected people. After a decades-long search of justice, the case is important not only for the community of La Oroya, but for all people affected by corporate activities across the continent. In addition, the case is representative of a serious political, social and environmental situation that has not been considered by national, regional and international politics. The current conditions prevent the citizens of La Oroya from having healthy prospects for the future. There exists a real need for justice and mobilization to generate a strong recognition of economic and environmental alternatives for the direct and indirect victims. Liliana Avila, senior attorney at AIDA, explains the context of the case and emphasizes the importance of a favorable and forceful decision by the court: "The La Oroya case before the Inter-American Court puts an end to more than 20 years of waiting in the search for justice and reparations for those whose lives were drastically changed by historic exposure to toxic contamination. It is a milestone for the Inter-American Human Rights System because it will be one of the first cases to centrally address the indivisible relationship between a healthy environment and other fundamental human rights such as life, health and personal integrity. It constitutes a unique opportunity to set a regional and global precedent for the protection of the right to a healthy environment and compliance with the obligations of States to adequately supervise corporate activities, as well as to guarantee the special protection of children, girls, women, the elderly and other vulnerable groups.” Gloria Cano Legua, executive director of APRODEH, refers to the urgency of a decision that grants justice and reparation to the people of La Oroya: "The victims have had to see how the State, through various governments, has disregarded its obligations, while their health problems have worsened. The indifference and sometimes hostility with which they have been treated has offended their dignity". PReSS CONTACTS: Víctor Quintanilla (AIDA), [email protected], +525570522107 Gloria Cano Legue (APRODEH), [email protected], +51 964 809 193 Christian Huaylinos Camacuari (APRODEH), [email protected], +51 959 789 232