Toxic Pollution

Indigenous Rights, Oceans, Toxic Pollution

Legal resistance to the expansion of salmon farming in Chile

By Claudia Arancibia (AIDA), Victoria Belemmi (FIMA) y Estefanía González (Greenpeace Chile) In the Magallanes Region of Southern Patagonia, one of Chile’s most pristine natural areas, the indigenous communities who have lived amongst these awe-inspiring fjords and channels for six thousand years are now fighting to project them. A coalition of Kawésqar communities – organized as Kawésqar Atap, As Wal Lajep, Grupos Familiares Nómades del Mar, Residentes Río Primero e Inés Caro – are defending their land and seas from the expansion of the salmon industry into their ancestral territory. In February, they won an important legal victory. Chile’s Supreme Court ruled in their favor, repealing an environmental permit that had authorized the construction of a salmon farm in Lake Balmaceda, citing the project’s failure to consider the observations of local communities. The ruling overturns a 2018 decision of the Third Environment Court that had rejected the communities’ claims. This case sets an important precedent—the nation’s highest court recognized the value of indigenous participation in the environmental evaluation process of projects that could affect ancestral territories. It also reaffirmed the State's obligation to respect the indigenous consultation process and to comply with the provisions of national environmental law and Convention 169 of the International Labor Organization, ratified by Chile. The Supreme Court's ruling represents progress toward understanding that the participation of indigenous, local and traditional communities—in addition to being a right—is a valuable input for decision-making. In November 2020, another important legal development acknowledged the damages caused by these salmon farming operations.  The Third Environmental Court recognized that the lack of oxygen in the waters of Chilean Patagonia is directly related to the operation of salmon farms. Despite being informed of the situation, the Environmental Superintendent had previously ignored the causal relationship between salmon farming and environmental damages, arguing that, often, the decrease of oxygen was due to natural causes such as marine currents, the geography of the area, or climate change. The Court’s ruling also constitutes a key precedent, as it associates industrial salmon production with the dangerous percentage of areas with low oxygen levels in the seas of Chilean Patagonia. Known as anaerobism, this condition is caused by the large amount of organic matter (uneaten food and feces) that the salmon industry discharges into the sea, inadequate handling of dead fish, and the amount of farmed fish per square meter, which exceeds the carrying capacity of the waters. What about sanctions? Despite the progress described above, Chilean authorities still face serious problems in adequately controlling salmon farming and preventing the damages the industry’s expansion is causing. It’s clear that the sanctions imposed on offending companies have not been sufficiently exemplary or dissuasive. In spite of multiple sanctioning procedures against several companies, no efforts have been made to improve sanitary and environmental standards, neither of which is considered by the environmental authorities when granting operating permits.  For a revelatory case study, we need look no farther than a Magallanes scandal known as “Salmon Leaks.” In 2019, a journalistic investigation uncovered that the company Nova Austral was hiding the amount of fish that died daily in their farms in the Alberto de Agostini National Park. A subsequent report revealed that the company also adulterated the seabed with heavy machinery (until it was basically dead), in order to hide its anaerobic condition and obtain permission to continue farming salmon in biologically deteriorated marine areas. In response, the Court of Appeals of Punta Arenas sanctioned the company with the maximum fine and the suspension of a productive cycle. In 2020, the State Defense Council sued the company for possible fraud because it was collecting tax benefits under the Navarino Law in breach of its obligation to "make rational use of the natural resources of the Magallanes region, preserving nature and the environment." Then, General Treasury of the Republic withheld four payments covering up to four months of subsidies under the law. Despite the multiple scandals and sanctions imposed, the company continues to advertise the "sustainability" of its salmon. The future of the Kawésqar Reserve Now, Nova Austral is seeking to relocate four of its aquaculture concessions to Kawésqar National Reserve, with prior approval from the Environmental Evaluation Service. Six other projects are currently undergoing environmental evaluation for the same purpose. This is alarming for many reasons, but principal among them is the fact that the Reserve lacks an adequate management plan to safeguard its conservation objectives. This leaves the area exposed potentially serious impacts to its natural wealth and the ancestral rights of the Kawésqar indigenous communities. It’s urgent that the Reserve’s management plan prohibits salmon farming within its boundaries, due to the outright incompatibility of salmon farming with the reserve’s objectives. We have much to learn from the Kawésqar communities, who reaffirm the protection of the seas of the Patagonian archipelago as the basis for protecting their worldview, their cultural identity and their way of life. What will it take for the rest of the country to defend the Patagonian seas as a natural treasure vital not just for Chile, but for the world?  

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Indigenous Rights, Mining, Toxic Pollution

OECD to investigate human rights abuses filed against the owners of Cerrejón coal mine; BHP, Anglo American and Glencore

Parallel complaints also filed in Ireland against state owned-company for purchasing coal and Dublin-based sales wing of mining enterprise.   Multiple National Contact Points (NCPs) of the Organisation for Economic Co-operation and Development (OECD) will begin the process of investigating three international mining giants (BHP, Anglo American and Glencore) and Ireland’s state-owned energy provider, the ESB, over serious human rights abuses and devastating environmental pollution at the Cerrejón coal mine in Colombia. Parallel complaints were filed simultaneously in Australia, Ireland, Switzerland and the UK by the Global Legal Action Network (GLAN) with the support of international development agency Christian Aid Ireland as well as Colombian and international human rights and environmental NGOs - CINEP, CAJAR, AIDA, ABColombia and ASK. If successful, the three companies which jointly own the Cerrejón mine will have to take steps to comply with the OECD Guidelines for Multinational Enterprises, including progressively closing down the mine in full and environmental restoration. The complaints against the mining giants also call for the full compensation of communities for the harms they have suffered.  The complaints outline how the Cerrejón mine, one of the largest open-pit mines in the world, is linked to the forced displacement of indigenous and Afro-Colombian communities and the widespread, persistent and extreme pollution of the air and water in the vicinity of the mine. High concentrations of harmful metals, which can cause diseases such as cancer, were found by Colombia’s Constitutional Court to exist in the blood of those living nearby. The complaints point to Cerrejón’s failure to comply with multiple Colombian court judgments against it. In September, several prominent UN human rights experts called for some of the mine’s operations to be suspended following a request to intervene by Wayuu indigenous people. The complaints allege that the parent companies of the Cerrejón mine, as its joint owners, are responsible under the OECD Guidelines for Multinational Enterprises for the harms caused by its operations. Separate complaints have also been lodged against Dublin-based Coal Marketing Company (CMC), which is the exclusive marketer of coal from the Colombian mine, as well as Ireland’s Electricity Supply Board (ESB), which has been a major purchaser of the mine’s coal. In 2019, the UN Committee on the Elimination of Racial Discrimination recommended that Ireland “consider stopping purchasing coal from the Cerrejón mine”.  All five complaints have been lodged with the relevant National Contact Points for the OECD, which are tasked with ensuring that companies comply with the OECD Guidelines for Multinational Enterprises. Director of GLAN Dr Gearóid Ó Cuinn said: “These parallel complaints in four different countries point to a systematic failure to respect basic human rights standards from the extraction, to the marketing, to the purchasing of Cerrejon coal. The long-standing abuses at the mine have been so egregious that there is no way for enterprises to respect human rights law and do business with Cerrejón.” Sorley McCaughey of Christian Aid Ireland said: “We see the impact that corporate human rights abuses are having in every corner of the world and the Cerrejón case underscores the inadequacy of voluntary guidelines for multinational companies. Governments globally, including the UK and Ireland, must introduce mandatory human rights and environmental due diligence legislation for companies to ensure they do not undermine the human rights of workers or the communities in which they work.” Rosa María Mateus Parra, lawyer with CAJAR, a Colombian human rights organisation and signatory to the complaints, said: “This is a striking example of the role played by large multinational companies in fuelling injustice. The people of La Guajira have borne the huge social and environmental costs of the mine, while harmful fossil fuel coal is exported around the world in the midst of the climate crisis and a small number of companies record huge profits.” Notes for editors If upheld the complaints filed in Australia, Switzerland and the UK would require joint-owners BHP, Glencore and Anglo American to close down the Cerrejón mine and compensate the affected communities for the harms it has caused. If upheld the separate complaint in Ireland against Dublin-based CMC would require it to stop selling Cerrejón coal. The complaint was submitted by Global Legal Action Network (GLAN), supported by Christian Aid Ireland, the Centro de Investigación y Educación Popular (CINEP), the Colectivo de Abogados ‘José Alvear Restrepo’ (CAJAR), Interamerican Association for Environmental Defense (AIDA), ABColombia and ASK - Arbeitsgruppe Schweiz Kolumbien. The Global Legal Action Network (GLAN) is a non-profit organisation that works to pursue innovative legal actions across borders to challenge powerful actors involved in human rights violations and systemic injustice by working with affected communities. GLAN has offices in the UK (London) and Ireland (Galway) | @glan_law | www.glanlaw.org.  press contacts: Victor Quintanilla (México), AIDA, [email protected], +5215570522107 Dr Gearóid Ó Cuinn (Director), GLAN, [email protected], +447521203427   

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Fracking, Toxic Pollution, Climate Change

5 things you should know about methane

Although its presence in the atmosphere is less than that of carbon dioxide (CO2)—the most abundant and well-known greenhouse gas—methane is much more effective at retaining heat due to its chemical composition. Therefore, adding smaller amounts of methane to the atmosphere can have an effect equal to that of adding tremendous amounts of CO2. Since 2006, the amount of methane in the atmosphere has grown considerably—by about 25 million tons per year. Studies have associated this increase with the leakage and burning of methane from the extraction of unconventional hydrocarbons through the process of fracking, or hydraulic fracturing.  Although extracting gas through fracking is sold as a “greener” alternative to other fossil fuels, it is a false narratiave that must be combatted. In general, all activities that cause methane emissions aggravate the climate crisis and the increasingly urgent need to combat air pollution. The common understanding of methane is inaccurate. Therefore, it’s necessary to generate more awareness about what it is and what its real impacts are. What follows are five basic facts about methane.  1. Methane is a short-lived greenhouse gas and climate pollutant Methane is a greenhouse gas.The Greenhouse Effect is a natural phenomena in which the atmosphere, composed of different gases, captures some rays of the sun and keeps them trapped in order to balance the temperature of the planet. When an excess of gases such as methane are emitted, the atmosphere traps more heat than necessary, leading to global warming. Methane has 67 times more power than CO2 to warm the planet over a 20-year period.  Its emissions are responsible for nearly 25 percent of global warming. And since it stays less time in the atmosphere—12 years on average (CO2 stays for centuries)—it is among the Short Lived Climate Pollutants (SLCPs), which cause 40-45 percent of global warming and damage air quality. 2. Methane primarily is produced from human sources About 60 percent of the methane in the atmosphere is considered by scientists to be caused by human activity, while the other 40 percent comes from natural sources like wetlands, volcanoes, and permafrost. Human sources include livestock, gas and petroleum exploitation, rice farming, mining (particularly coal mining), and landfills.  It should be noted that, according to scientific evidence, reservoirs are also an important source of methane. They generate 1.3 percent of all greenhouse gases worldwide each year, more than all of Canada's polluting emissions, and 80 percent of that pollution is from methane. 3. Methane directly and indirectly degrades air quality Large amounts of methane are intentionally leaked or released during the exploitation, processing, and transportation of oil and gas. In the United States alone, such direct emissions amount to 13 million tons each year. When released into the atmosphere, methane is accompanied by other toxic pollutants such as benzene, formaldehyde, and ethylbenzene. In addition, by interacting with solar radiation, methane promotes the formation of ground-level ozone (O3), another short-lived climate pollutant (CCVC) and the main component of smog. Methane gas flaring also produces black carbon and volatile organic compounds (VOCs), which are also CCVCs. 4. Methane causes serious damage to human health As mentioned, methane emissions promote the formation of ozone found in the lower layers of the atmosphere, which has serious impacts on public health. It irritates the airways, generates a feeling of burning and shortness of breath, complicates asthma, causes lung dysfunction and even premature death, and alters the immune system's response, reducing its ability to respond to diseases such as COVID-19, which mainly affects the airways. And since methane burning generates black carbon, it is relevant to point out that it is a key component of particulate matter (PM 2.5)—particles that are 35 times smaller than a grain of sand. These particles cannot be filtered or retained naturally in the nose, and can even enter the lungs. Particulate matter is the air pollutant most frequently associated with cardiovascular, respiratory, and pulmonary diseases, including lung cancer. 5. It is urgent to regulate and curb methane emissions Since methane, in addition to aggravating the climate crisis, deteriorates air quality and with it human health, it is urgent to act to curb its emissions. Civil society must demand that governments efficiently regulate methane emissions from the hydrocarbon industry and other sectors such as coal mining and industrial livestock. In addition, we must demand the monitoring of emissions, as well as the production and dissemination of timely information about methane’s damage to our air quality.  

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Indigenous Rights, Toxic Pollution, Human Rights

Moving towards clean food production, without glyphosate

By Sofía García, AIDA intern, and Johans Isaza, former AIDA intern In recent decades, the practice of healthy eating, and with it the quality of the food we eat, has gained particular relevance in western society. Many have grown concerned about industrial food production and its negative impacts on the environment and public health. In response, environmental organizations, ethnic communities, rural farmers, international organizations and even some governments have spoken of the need to move towards an agro-ecological model. This model implies the development of sustainable agricultural practices to optimize food production, and do so without the use of agrotoxins, while also promoting social justice and recognizing ancestral knowledge and traditional practices. The serious harms of glyphosate, a popular herbicide In recent weeks, public debate around glyphosate—the most widely used agrotoxin in the world—has regained prominence in Mexico and Colombia. Glyphosate is used most frequently and intensively in the large-scale cultivation of genetically modified crops. In Mexico, roughly 45 percent of glyphosate usage is focused on transgenic soybean, corn, canola and cotton crops. The rest goes to the sowing of sugar cane and to forestry or fruit production. In Colombia, glyphosate is used primarily on cotton, corn, rice, tomato, sugar cane and palm plantations, as well as in the pastures where cattle are raised. Though a visible tool of the war on drugs, until 2013 less than 5 percent of total glyphosate usage in Colombia was destined to eradicate crops of illicit use. As a non-selective herbicide, glyphosate not only affects the crop to which it is applied. Retained in the most superficial layers of the soil, it throws entire ecosystems out of balance and harms the health of the plants and animals that depend on them. What’s more, glyphosate use affects biodiversity in a variety of ways and causes both direct and indirect short and long-term impacts. It damages aquifers, causing harm to aquatic organisms; can be deadly for some species of amphibians; causes biological malformations in animals like rats; reduces nutrient absorption in plants, increasing their likelihood of becoming sick or attracting pests; and affects pollination processes, which are fundamental for life on this planet. When looking at the harms of glyphosate, we mustn’t fail to mention the serious social damages it causes as it filters into bodies of water, and becomes present in the food we consume on a daily basis. Since 2015, the World Health Organization has classified glyphosate as a probable carcinogen (placing it in the second strongest category of evidence on a four-tier scale). Several studies have shown that glyphosate can irritate the eyes and skin, damage the respiratory system at the lung level, cause dizziness, lower blood pressure and destroy red blood cells. The negative impacts of glyphosate use can result in the violation of various human rights, among them the rights to a healthy environment, to water, to health, to life and to integrity. Its use in indigenous and traditional lands may also violate the rights to cultural identity and territory. The transition to sustainable agriculture Though evidence exists of glyphosate’s negative environmental and health impacts, it is not irrefutable. There is no scientific certainty that glyphosate impacts the environment or harms human health and wellbeing. There is also no scientific certainty that the herbicide is harmless. What is certain is that the above-described impacts are sufficient to necessitate the application of the precautionary principle. According to this principle, in cases that threaten serious and irreversible damage, and in the absence of scientific certainty, States have the obligation to adopt necessary and effective measures to prevent environmental degradation. There’s no justification for postponing the measures necessary to mitigate the harms supposedly caused by glyphosate, until it is proven with absolute scientific certainty that glyphosate is not harmful. Ongoing discussions in Mexico and Colombia provide an opportunity to reflect on our forms of food production and encourage a shift towards the agro-ecological model. The future of agriculture could be one that seeks wellbeing and prosperity, and promotes clean food production. To this end, it’s essential that governments implement regulations to protect and ensure the return of native seeds, gradually eliminate agro-industrial technologies, and promote a return to the use of natural pesticides. Public policies must be implemented that respect both farmers and the environment. The transition must include an intercultural approach that includes dialogue with and exchanges between rural farmers, indigenous peoples and scientists. Achieving such a system would contribute to a more peaceful coexistence with other forms of life, and a healthier planet for present and future generations.  

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Oceans, Toxic Pollution

The unbridled use of disposable plastic: A new global crisis

The massive spread of COVID-19 has created a global health crisis, leaving millions of people sick and thousands dead. Due to the nature of the disease and the ease of contagion, protective and biosecurity measures have been implemented on a massive scale. These include confinement and safe distancing, constant disinfection of hands and surfaces, and the use disinfectant bottles, bags, and personal protective equipment like mouthpieces, masks, gloves, and other objects. Unfortunately, plastic—single-use plastic, in particular—is the primary material used to make these objects, which implies an indiscriminate increase in the use and disposal of this material. The processes needed to manage those single-use plastics have become another major challenge in the face of a crisis that is collapsing economies and health systems. It’s clear that our greatest global concern is to defeat the pandemic, and prevent more deaths and infections. But also of concern are the side effects it’s producing, like the backsliding of global efforts to reduce plastic waste and prevent environmental damage. Before the pandemic, contamination by plastic waste was already considered one of the main threats to the environment and biodiversity. According to a recent study, only 9 percent of the plastic produced worldwide is recycled. The rest is left as accumulated waste that damages ecosystems, mainly the oceans, and the species that live in them. Plastic pollution directly affects thousands of species, like marine mammals or birds that get entangled in the waste. Other species confuse the debris with food, as is the case with fish and sea turtles. Our greatest global concern right now must be overcoming the pandemic and preventing further death and infection. But let’s also be aware that, because of it, we’re moving backwards in the reduction of plastic waste and the prevention of the damages it causes. Backsliding in the Regulation of Plastics In December 2018, the European Union's parliament approved a ban on single-use plastics, which was due to come into effect next year. However, due to the pandemic, the plastic products industry has asked the European Commission to delay the implementation of the standard by at least one year. Although many countries had committed themselves to reducing the use of plastics this year, the pandemic has forced some of them to postpone such plans. In California, the governor temporarily lifted the ban on single-use grocery bags because of the risk of transmission through reusable bags. In Thailand, where single-use bags had been banned since January, officials expect up to a 30 percent increase in their use.  According to that country's Environment Institute, 62 percent more plastic was consumed in Bangkok in April compared to the previous year, most of it being food packaging, which is difficult to recycle. In Latin America, the situation is similar. In the Mexican state of Jalisco, an era free from plastic bags and disposable straws was set to begin in January 2020, after a rule banning their use came into force. When the pandemic struck, the ban was abandoned and consumption of these products by establishments and citizens was only 10 percent less than last year, according to recent data. Greenpeace denounced the plastic industry in Mexico for seeking to reverse local bans using the argument that plastic is the ideal material to avoid COVID-19 infections. The environmental organization warned that nothing replaces continuous hand washing and surface disinfection. It explained that using disposable plastic containers, utensils, and cutlery neither guarantees hygiene nor prevents infection since the virus can remain on these surfaces for two to six days. The Importance of Debate and Seeking Alternatives Before the pandemic, there was greater social awareness of the need to reduce the use of plastics, especially single-use plastics. However, the need to contain the spread of the virus and industry strategies to capitalize on the health concerns of the population have led to the re-emergence of plastic as an indispensable material. Now more than ever, we must take care of each other. We also must protect the natural world that sustains life. The pandemic has exposed our weaknesses, and one of them is vulnerability to pollution. It’s possible that when containment measures are lifted or relaxed we’ll find that our dependence on plastic has increased significantly and that our planet is in more danger than before. We must continue the global debate on plastics and work together to find effective alternatives, taking into account the economic recovery of the sectors most affected by the crisis. Some urgent actions that could be taken in short and medium term include: Promoting environmental awareness and responsible consumption, encouraging non-healthcare workers to use reusable personal protection items made from environmentally friendly materials. Adopting best practices for recycling and policies against pollution by plastics at the national level, as part of a global action plan. Promoting the development of the circular economy, which aims to eliminate waste through the continuous reuse of resources. Requiring companies to make greater investments in sustainability, ensuring compliance with their environmental policies and corporate social responsibility. Encouraging investment in the research and development of alternative materials, which are more biodegradable and recyclable, as well as progress in the design of new, less contaminating, chemical additives. When it comes to plastics, we cannot control everything. But these actions can help give the new normal a more sustainable form.  

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Toxic Pollution, Climate Change, Human Rights

Contamination and COVID-19: Why didn't air quality Improve in the Valley of Mexico?

Measures adopted to deal with the global health pandemic caused by COVID-19 have led to a reduction in some atmospheric pollutants, which has considerably improved air quality in various cities around the world. Yet in the metropolitan area of the Valley of Mexico (MCMA)—which includes Mexico City and surrounding towns—air quality has not improved despite the suspension of activities associated with sources of pollution like traffic and industry. Months before the health emergency was declared in late March 2020, the air quality reported by the Valley’s Atmospheric Monitoring System was in the range of "regular" to "bad," due primarily to vehicle congestion. With restrictions on mobility established due to the pandemic, vehicle traffic decreased by up to 70% and, with it, so did some of the air pollution. According to official information, distancing measures caused a reduction in carbon monoxide and nitrogen oxides—of 58 and 32 percent, respectively. However, tropospheric ozone (O3), one of the most damaging pollutants to air quality and human health, did not decrease significantly (only 3 or 4 percent, according to official data). That’s why, in May, two months after measures were adopted to address the health crisis, air quality in the Valley of Mexico remained at the same parameters as the beginning of the year—that is, ranging from "regular" to "bad," according to the Atmospheric Monitoring System. The question that arises, then, is WHY? What causes air pollution? Various gases and compounds contaminate the air. Primary pollutants—like carbon dioxide (CO2), nitrogen oxides (NOx) and volatile organic compounds (VOC)—are directly discharged into the atmosphere. Secondary pollutants, like tropospheric ozone (O3), form in the atmosphere as a result of the chemical transformation of those primary pollutants. Tropospheric ozone is formed from the interaction of sunlight with "precursor gases," including volatile organic compounds and nitrogen oxides. Now, there are three factors that actually affect air quality: weather conditions, topography, and concentrations of one or more pollutants at levels that can harm the environment and human health. These concentrations are measured by official monitoring systems, like the MCMA Atmospheric Monitoring System. The World Health Organization establishes concentration levels of pollutants that should not be exceeded over a specific period. For tropospheric ozone, the recommended value is 50 parts per billion (ppb) over an eight-hour average. But Mexican regulations are more lax and establish a lower limit for this compound: a concentration less than or equal to 95 ppb on an hourly average (that is, in a 60-minute time interval). In addition, to activate an environmental contingency for ozone, concentrations must be greater than 154 ppb (hourly average). This standard implies less protection for the population's health. At the beginning of this year, the hourly ozone concentration in the Valley of Mexico averaged only 23 ppb, but it has risen since then. Despite the restrictions resulting from the health crisis, the average hourly concentration of ozone was 41 ppb in April and 45 ppb in May. Also, from January to May, 99 days were recorded in which ozone concentrations exceeded the 95 ppb limit. Why did concentrations of ozone increase? The restriction on mobility during the health contingency was not adequate to decrease concentrations of ozone in the atmosphere for two reasons: first, the sources of this compound are not limited to the use of vehicles; and second, the period of social isolation coincided with the so-called ozone season, a time of the year when the concentrations rise due to the increase of solar radiation and the decrease of rain and wind. As previously mentioned, tropospheric ozone is formed by the interaction of sunlight with precursor gases. Among these gases are nitrogen oxides—mainly generated by the combustion processes of automobiles, especially diesel engines—and volatile organic compounds, which arise from more diverse sources: the use of solvents, leaks of liquefied petroleum gas in heaters and stoves, cosmetic and cleaning products, and evaporated fuel in gas stations and automobiles without evaporative emissions control. According to official data, during social isolation, volatile organic compounds were only reduced by 15 percent, including all their emission sources. On the other hand are forest fires, a major source of ozone precursor gases. From January 1 to May 3 of this year, in Mexico City alone there were 644 forest fires— lower in number compared to the same period in 2019, but equally as intense. As for the ozone season, which begins the last week of February and ends with the first rains in June, the average temperature in the Valley of Mexico was higher this year. In April, it was 2°C higher than the average recorded in the same month between 1981 and 2010—the hottest April in recorded history. Because the temperature is directly related to solar radiation and lack of wind, its increase explains the higher ozone concentrations. The sum of these factors contributed to the fact that ozone concentrations actually increased despite the restrictions established by the pandemic. This, in turn, led to the residents of the Valley of Mexico continuing to experience poor air quality and suffering its negative health impacts. Why reducing ozone is good for public health and the climate Ozone not only affects air quality and thus public health. It also has the ability to absorb sunlight and heat the atmosphere, meaning it is a  short-lived climate pollutant (SLCP). Because its emissions aggravate the climate crisis, more than 11,000 scientists from around the world have highlighted the need to reduce SLCPs in order to rapidly combat global warming. The intensity of the forest fires and the particularly high temperatures of this year's “ozone season” demonstrate the effects of the climate crisis that we are failing to adequately confront. That’s why it’s imperative that the government implement actions to reduce emissions of precursors gases—not only during the health emergency, but also when we get through it, when motorized transportation (a source of nitrogen oxides) is reactivated. Improved controls on the type of cars on the road, based on their polluting potential, and personal choices like biking, also recommended to reduce the risks of contagion, would help to achieve this objective, reduce global warming, and improve the health of those living in the Valley of Mexico. In addition, society must commit to measures of regulation, communication and education that curb consumer habits and improve on the production and distribution of goods and services that continue to emit volatile organic compounds (another ozone precursor) on a daily basis. Restricting the production and use of aerosol products, as well as repairing and preventing leaks of liquefied petroleum gas, would help to reduce these emissions. Finally, it’s necessary to strengthen the country's weak environmental policy and combat non-compliance with environmental health standards, which has resulted in an insufficient reduction in air pollution. Mexican air quality standards must be updated to set stricter limits that are compatible with international standards and the protection of the human right to health. The above are just some examples of actions that authorities and society can take to show that we have learned a lesson and will do what is necessary to improve air quality and face possible new health crises, as well as to combat the climate crisis that threatens to end the world as we know it today.  

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Public Participation, Toxic Pollution, Human Rights

Colombia: Holding virtual hearings violates communities' right to participation

In the context of the pandemic, and since the beginning of Colombia's obligatory isolation, businessmen have asked the Colombian government to "simplify environmental procedures." On April 3, 25 entrepreneurs sent a letter to President Iván Duque asking for the simplification of processes including prior consultation, environmental licenses and royalities. One of the first measures undertaken was the attempt to simplify the prior consultation, proposing to make it virtual. In response, indigenous communities and the Ombudsman's Office requested that the Ministry of the Interior respect human rights and reverse the measure, which it did.  However, the quest to change the way consultations are conducted continues. At the request of the Ministry of the Environment, the National Environmental Licensing Authority (ANLA) is promoting several virtual environmental hearings, even proposing they be held on radio and digital platforms such as Facebook and YouTube. These are hearings to address key environmental issues in the country. The problem is that communication on these platforms is unilateral, denounced the organization DeJusticia, thus eliminating the possibility of discussing technical issues, and presenting an obstacle for those with limited access to the Internet. On April 13, 2020, ANLA issued Resolution 642, which opened the way for virtual participation processes. Days later, the licensing authority scheduled a virtual hearing to discuss a very important issue for the region: the return of aerial spraying with glyphosate, a toxic herbicide. The hearing, scheduled for May 27, was intended to address the modification of the glyphosate environmental management plan. But, thanks to a legal action, on May 18 a judge from the department of Nariño suspended the hearing. As evidenced, there exists an ongoing intention to carry out similar proposals during the pandemic. Many have been halted by the early warnings of citizens, judicial actions or statements by control authorities. On 20 May, the Administrative Court of Santander ordered the Ministry of the Environment to plan virtual working groups.  It has also called for a virtual public hearing on the Santurbán páramo, where a mega-mining project threatens to harm this strategic ecosystem, which is vital for local water supply and the mitigation of the climate crisis.  Holding virtual hearings implies a damage to the rural, indigenous and urban communities affected by a project, and to Colombian society in general. In addition to being in the midst of the worst crisis in recent history, these communities lack access to the internet and the basic necessities that could guarantee their virtual participation.  In Colombia, and across the region, the rights of access to information, justice and participation are among the most violated. We must stand at high alert so that the pandemic does not become an excuse to continue abusing them. All remaining proposed virtual proceedings must be immediately suspended, until there exists guarantees for the due exercise of the right to participation and the exercise of national and international oversight in these matters.   

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Toxic Pollution

ACT: Clean Air for All

  Read in Spanish // in Portuguese.  Globally, nine out of ten people live in places where the air is extremely harmful. Gases and particles that pollute the air we breathe also heat the planet, and those emissions are a major cause of the global climate crisis. You can help save lives and contain the climate emergency. Tell your government to commit to reducing emissions of these pollutants. Among these contaminants are black carbon, generated by burning wood for heating and transportation using diesel; methane, the natural gas that runs the kitchen; and hydrofluorocarbons, gases that make refrigerators and air conditioners cool. They are known as short-lived climate pollutants because they stay in the air for a relatively short time. Therefore, if we reduce their emissions we can also reduce global warming in the short term and, at the same time, improve the quality of the air around us. That potential has been supported by thousands of scientists around the world, who have made an urgent call for the early reduction of these pollutants.  As part of global efforts to cool the planet, governments must update their emission reduction commitments to the United Nations by March 2020.  YOU can ensure they don’t miss this opportunity! SIGN HERE and tell your government to commit to stopping these damages!

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Mining, Public Participation, Freshwater Sources

Learning from Mendoza, Argentina: “Water is not negotiable

Near the end of 2019, the citizens of Mendoza, Argentina united in one of the province’s most important social manifestations. Their objective was clear: to defend their water. People of all ages—members of NGOs, environmental assemblies, anti-mining movements, scientists and academics—took to the streets to demand that the local government reverse the modification of Law 7722, known as "guardian of the water" or "the people’s law." The law is fundamental for the protection of water in Mendoza because it prohibits the use of cyanide, mercury, sulfuric acid and other toxic chemicals in mining activities—all of which seriously contaminate rivers, lakes and other natural water sources. Enacted on June 21, 2007, this law resulted from a long struggle by civil society. A step back in environmental protection The government intended to modify Law 7722 with another regulation, Law 9209, which allowed for "the use of chemical substances [including cyanide], mixtures or dissolutions of them, to ensure the sustainability of the [mining] project.” The justification for eliminating the prohibition on the use of cyanide and other toxic elements was "to guarantee the sustainability of the use of natural resources, with special emphasis on the protection of water resources and to ensure compliance with mining activities.” The use of cyanide in legal mining is becoming less frequent due to the risks involved in its manufacture, transport and use. Cyanide compounds are highly toxic in their gaseous form or when dissolved in water. Considering that the limit of cyanide in drinking water for safe human consumption is four drops per liter, the concentrations used in mining present high risks. In addition, there is abundant evidence of cyanide spills and losses from mining facilities during transport, and multiple cases of mass fatalities of wildlife near mining facilities, particularly migratory birds. The legislative amendment sought to make the procedures for environmental control and monitoring more flexible, by establishing that it was no longer obligatory for the Environmental Impact Statement of a mining project to be ratified by law. This undermined the effectiveness of Law 7722. These changes, promoted by the government of Mendoza, violated environmental protection principles contained in Argentina’s Constitution, among them sustainability and other national regulations that the provinces are obliged to comply with and enrich. For example, article 41 of the Constitution states that "all inhabitants have the right to a healthy, balanced environment, suitable for human development and for productive activities to satisfy present needs without compromising those of future generations; and they have the duty to preserve it." The citizen's response The social response to this modification—which intended to give free rein to the use of substances with a high environmental impact—surpassed all precedents. By successfully reversing an initiative already approved by Mendoza's legislators, it became an example for the entire region. The largest demonstrations in Mendoza's history began on December 22. Under the slogans "water is not negotiable" and "water is worth more than gold," the people of Mendoza organized to express their disapproval of the new law. The following day, 50,000 people gathered in front of the Provincial Government House after a journey of more than 100 kilometers, which began in the town of San Carlos, in the Uco Valley. They demanded: Law 7722 is not to be touched. Despite this widespread popular rejection, the Governor of Mendoza enacted the reform. Then, thousands of self-convoked neighbors gathered at kilometer zero—between San Martín and Garibaldi Streets—in the provincial capital to demand the law’s repeal. On December 26, faced with constant and growing social pressure, the Governor announced that he would not enact the new law. That palliative measure was deemed unconvincing and mobilizations intensified. The Governor then decided to reverse the amendment to Law 7722. On Friday the 27th, he announced the reform’s repeal, which finally happened on Monday the 30th. The case of Mendoza teaches a valuable lesson to all Latin American countries: When citizens are aware of the importance of nature and the scale of the dangers it faces, they will not yield. Socio-environmental conflicts are not only a response to those who have control over natural resources, but also to their effects on a complex social network. For humans and also for other beings, nature is a formative part of our identity, culture and customs. We are part of it and it is part of us. It is a living and interconnected network. That is why we must be its main defenders. The prompt and necessary updating of the concept of "sustainable development" is one of the challenges of Environmental Law in the 21st century. We mustn’t promote development that attacks nature and ignores human rights.   Learn more about the use of cyanide in mining (in Spanish).  

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Toxic Pollution

A Plan to Decontaminate Our Cities and Contain the Climate Crisis

In an open letter made public at COP25, more than 100 organizations from Latin America and around the world urged governments to include ambitious and measurable targets for confronting air pollution in their new climate commitments, which must be submitted to the United Nations by March 2020.Join the Global Call for Clean Air! SIGN NOW!Read it in Spanish    In Portuguese Poor air quality is the environmental problem that claims the most lives worldwide.Each year, more than four million people die from the health damages caused by air pollution. Official data shows that, globally, nine out of ten people breathe polluted air, and that the problem affects more than 80 percent of urban residents. The majority of those affected are in developing countries and the damages most severely impact the most vulnerable sectors of the population: children, pregnant women and the elderly.At the same time, humanity is seriously threatened by a climatic emergency whose impacts are also suffered with greater force by the most vulnerable segments of the population.Both problems, the climate crisis and poor air quality, are related to the atmosphere around us and are a matter of human rights. In this sense, there is an efficient way forward on both fronts. It’s an opportunity we must seize, and it has to do with reducing emissions of short-lived climate pollutants (SLCPs).Short-lived climate pollutants are atmospheric agents that contribute to the climate crisis with much more intensity than carbon dioxide (CO2) and, as their name indicates, remain in the atmosphere a relatively short time, from days to decades—unlike CO2, which can last millennia in the atmosphere. In addition, these pollutants degrade air quality, affect glacial areas and reduce crop yields. They include black carbon, methane, tropospheric ozone and hydrofluorocarbons (HFCs).Aiming to mitigate them implies reducing global warming in the short term and, at the same time, advancing in the decontamination of cities.This opportunity has already been supported by science.The United Nations Intergovernmental Panel on Climate Change (IPCC), which brings together experts on the subject, stressed in its Special Report on 1.5°C that, in order to confront global warming, we must incorporate into our efforts the mitigation of pollutants other than CO2, specifically black carbon and methane.Recently, more than 11 thousand scientists from around the world joined the call. In a public declaration recognizing the climate emergency, they identified among the measures necessary to solve it the prompt reduction of short-lived climate pollutants, noting that this would reduce warming by more than 50 percent in the coming decades.The forthcoming update of Nationally Determined Contributions (NDCs)— containing the climate commitments that governments must submit to the United Nations Framework Convention on Climate Change (UNFCCC)—opens the possibility of betting on the mitigation of these pollutants and contributing effectively to the fight against the climate crisis and poor air quality.The deadline for governments to submit new and more ambitious Nationally Determined Contributions is March 2020.For all of the reasons stated above, the undersigned organizations consider that the States that are part of the UNFCCC must respect human rights, protect them with the highest standards, and consider them in their climate commitments.In this sense, we ask that governments:Include ambitious and measurable targets for the reduction of short-lived climate pollutants in the update of their NDCs by March 2020.Detail in their commitments the means of implementation, which must ensure compliance with the targets they set.Frame the fulfillment of commitments in comprehensive policies that recognize the different levels of impact among the population, with special emphasis on the protection of children and other vulnerable groups.Specify the monitoring, reporting and verification procedures that will accompany the implementation of their commitments.Ensure that local governments and companies respect the policies established and adapt their actions to the urgent need to improve air quality. Download the letter

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