Toxic Pollution

Calling on Chile to protect Patagonia from the risks of the salmon industry

More than half of the salmon farms in Chile’s Magallanes Region are depleting oxygen from sensitive marine waters, suffocating marine life. Civil society organizations filed an administrative complaint and a petition calling on the government to investigate and punish farm operators, and to enforce existing regulations. Santiago, Chile. Civil society organizations filed a complaint today asking the Superintendent of the Environment to investigate damages caused by salmon farms in the Magallanes Region of Southern Patagonia, and to sanction the companies responsible. According to government reports, salmon farms in the area are depleting the water of oxygen, causing a serious threat to marine life. The organizations also launched a citizen’s petition to support the formal complaint. “Salmon farming concessions have been approved in Magallanes without a detailed assessment of the impacts the industry may have on the region,” said Florencia Ortúzar, an attorney with the Interamerican Association for Environmental Defense. “The damages are already occurring: a report by the Comptroller General of the Republic found that, between 2013 and 2015, more than half of the salmon farms in Magallanes created anaerobic conditions, gravely threatening marine life.” Chile is the world’s second largest producer of salmon. The industry, which developed on coasts further north, has now entered the Magallanes region in the southermost tip of the country. The pristine waters there are highly vulnerable to human activity. Magallanes has the largest number of protected natural areas in the country; it shelters such protected species as the blue whale, the sperm whale, the Magellanic penguin, the elephant seal, the leatherback sea turtle, the southern dolphin, and the Chilean dolphin. “Salmon farms are cultivating more fish than the ecosystem can withstand. They are filling sensitive waters with chemicals and antibiotics,” said Francisco Campos-Lopez, director of #RealChile. “Those chemicals, combined with the feces of the animals, cause a dangerous lack of oxygen in the waters, endangering sea life.”    NOTE: More information available at aida-americas.org/salmonfarms Press contacts: Florencia Ortúzar, AIDA Attorney, +56 9 7335 3135, [email protected]  

Protecting Patagonian Seas from Salmon Farms

Lowering Peru’s air quality standards is regressive and harmful to public health

The government of Peru has proposed increasing the legal amount of sulfur dioxide in the air by more than 12 times and doubling the allowed level of particulate matter, substances known to cause serious health harms. The proposal ignores both scientific evidence and the government’s obligation to uphold conditions that are suitable for human life and health. Lima, Peru.  Peru’s Environment Ministry has proposed new National Environmental Quality Standards for air, which would impact the health of Peruvians everywhere. The proposed standard increases by more than 12 times the limit for airborne concentrations of sulfur dioxide (SO2) and doubles the allowable amount of fine particulate matter. The increased limits ignore scientific evidence that finds these substances can cause lung problems and other illnesses, particularly among the most vulnerable populations such as people with asthma, children, and the elderly. “There is overwhelming scientific evidence to conclude that sulfur dioxide pollution poses a serious health risk, particularly when the contamination reaches high levels over short periods of time, something the proposal does not take into account,” said Anna Cederstav, co-director of the Interamerican Association for Environmental Defense (AIDA). AIDA prepared comments on the proposal that were presented to the government of Peru together with APRODEH. These pointed out that, contrary to the government’s assertion, reducing sulfur dioxide levels in the air would lead to longer life expectancy. This is because, among other reasons, sulfur dioxide also promotes the formation of PM2.5, small particulate matter that lodges in human lungs and causes acute respiratory problems such as bronchitis and pneumonia, as well as premature death. The government proposes to simultaneously double the legal limit for these extremely harmful particles. The organizations also highlighted flaws in the public consultation process. The government published the draft standard on Saturday, April 8, just before the Easter week holiday, giving only 10 working days for public comment on this critical public health issue. They also failed to make public the entire scientific and technical basis for the proposal. In so doing, the government has violated the rights to information and public participation. The comments also emphasize that the government’s proposal violates the American Convention on Human Rights and other international treaties to which Peru is a party, by failing to guarantee the human rights to life and health. While the proposed changes would impact Peru’s entire population, the residents of cities with high levels of pollution, such as La Oroya, would suffer the most severe impacts. La Oroya is an emblematic case because the metallurgical complex operating there—which has for decades been a macro-emitter of pollutants—is in the process of being sold. The government has publically acknowledged that the weakening of the air quality standards is an attempt to promote the sale of the complex. But it ignores the effects those relaxed standards would have on the people of La Oroya, who have seen significant improvements to both their air quality and their health in recent years. People affected by the pollution in La Oroya have sued the State before the Inter-American Commission on Human Rights in an attempt to protect their rights. For ten years, they have been granted precautionary measures due to the risk the pollution poses to their health and life; those measures were recently extended to additional people because the level of risk has continued. “Relaxing air quality standards to facilitate the sale of the complex and increase investment in Peru would be a setback for the protection of health and the environment, which could result in the State being held responsible before the Inter-American Court on Human Rights,” said Christian Huaylinos of APRODEH. “In addition, such actions would violate free trade agreements signed by Peru with the United States and the European Union.” Consult the comments sent to the Environment Ministry of Peru and more information on the case of La Oroya. Press contacts: Rodrigo da Costa Sales, AIDA, [email protected], +51 994767961 Christian Huaylinos, APRODEH, [email protected], +51 959 789 232

Tárcoles: The most contaminated river in Central America

The sun rises slowly over the Rio Grande de Tárcoles. Guacamayas rest on treetops, and crocodiles laze upon the shore.    Hundreds of tourists stop to photograph this beautiful moment when, suddenly, a hunk of garbage floats by.    This is life on the Tárcoles, the most polluted river not just in Costa Rica but also in all of Central America. While the country has made great strides in moving beyond fossil fuels for power generation, there is still much to be done in terms of waste management.  The source of pollution There are two main reasons for the excessive contamination of the large river: increasing urbanization and government bureaucracy.    Within the river’s enormous span—which covers 4.2 percent of the Costa Rican territory—flows all the dirty water of the small nation’s Greater Metropolitan Area.    In 2012, the State of the Nation report revealed that 96 percent of the country’s wastewater was untreated before entering the river. The Tárcoles suffers the consequences of this deficiency.    The river is used as a city sewer, receiving the equivalent of 100 Olympic swimming pools of untreated water, according to the Institute of Aqueducts and Sewers. Its waters have been victim to antiquated laws that have for years favored economic activity above the river’s health.   Despite an established fine for discharging wastewater and pollutants into the river, enforcement is not respected. As a result, the number of illegal spills of dirty water, tech waste, and garbage into the Tárcoles remains unchanged.    Thanks to all of this, the National University’s environmental analysis laboratory estimated that if more effective measures were not adopted by the year 2040, the river’s recovery would be impossible.   The river has been saturated with pollution, reaching the critical situation we find it in today.    Environmental wealth at risk Despite the heavy pollution, the biological wealth at the mouth of the Tárcoles River is extraordinary. In its waters lives the largest American crocodile population in the country and around 50 species of birds.  The river feeds the Guacalillo mangroves, home to a huge variety of animals, and four of the five species of mangrove in Costa Rica.    This rich ecosystem also contributes to fishing and tourism for the subsistence of local communities, who pride themselves on its natural beauty.  What’s been done and what’s left to do Efforts have been made to mitigate the impact of pollution on the river and to rescue its great biodiversity.    The Los Tajos water treatment plant was designed to clean 20 percent of the waters that reach the Tárcoles. Isolated citizens’ cleaning campaigns have also made an impressive impact.    In 2007, a cleanup of the river removed approximately 1,000 tires from its waters. This spurred the government to issue a decree favoring local communities, with the intention of guaranteeing their right to a healthy environment.    The decree recognizes the biological importance of the river and the deterioration it has suffered. It created the Comprehensive Management Commission for the Rio Grande de Tárcoles Basin to plan sustainable ways to protect the river.    These responses are steps in the right direction. However, more significant actions are needed to ensure the full recovery of the Tárcoles, before the damage becomes irreparable.   The Commission has thus far been unable to mitigate pollution significantly. It needs better organization and more resources. The Commission should be involving local communities and carrying out massive cleanups in the river basin.    The Institute of Aqueducts and Sewers must act efficiently to treat wastewater properly, prevent illegal spills, clean the river to restore the health of this sick giant, and control all water entering the river.    The challenge is great, but the natural beauty of the river basin makes it a worthwhile effort. 

La Oroya: Over a decade’s wait for justice

From the time Isabel* was born, she has breathed toxic air.She’s had heavy metals in her blood for all 13 years of her young life.Her hometown, La Oroya, a small city in the Peruvian Andes, was labeled in 2007 as one of the world’s most polluted places. A metal smelter has been operating there for nearly a century, with little regulation and no attention to human health.Children like Isabel suffer most from toxic pollution. Their developing brains and bodies are terribly vulnerable to lead and other heavy metals, which inhibit growth and often cause permanent damage.Nearly all of La Oroya’s children have heavy metals in their blood, at concentrations many times limits established by the World Health Organization. And many residents suffer from chronic respiratory illness.Their health issues result directly from corporate leaders’ disregard for the environment and for the people who live near the smelter. The State of Peru also bears responsibility for its inaction.That’s why a group of residents joined together to fight for the their children’s health and their city’s future.Isabel’s father, Pablo, has been a vocal leader in the community’s struggle against the government and the US-owned corporation responsible for contaminating their air, their land, even their water. He sees no other way forward.“What kind of world will we leave for our children if we don’t defend our land, if we don’t defend our biodiversity?” he said in a recent interview. A group of 65 residents joined as petitioners in a case AIDA and other organizations brought before the Inter-American Commission on Human Rights 10 years ago. Since then 14 more have added their names to the complaint; four have died. Today, they still wait for justice.In 2007 the Commission recommended precautionary measures that urged the State to adopt adequate measures to diagnose the beneficiaries and treat those at risk of irreparable damage. Since then, air quality in La Oroya has improved somewhat, but the recommended health system is still woefully inadequate.The Commission has yet to file its report on the merits of the case. A finding of merit would include more forceful recommendations. If the State still doesn’t respond, AIDA will take the case to trial before the Inter-American Court of Human Rights.For now, all the petitioners can do is wait some more.Despite the years gone by, we won’t stop fighting until the people of La Oroya see justice.We believe their courage and struggle will have an impact beyond their community, setting a precedent for future cases across the Americas. Because a victory would establish in international law that damages from toxic contamination are human rights violations.And that would mean a brighter future not just for Isabel and La Oroya, but also for communities wherever shortsighted corporations dump their toxic by-products. __* Name changed to protect privacy.

Peru begins testing La Oroya residents affected by toxic pollution

In May 2016, the IACHR required the Peruvian State to protect the life and integrity of 14 additional people affected by the heavy pollution of La Oroya’s metal smelter. Just last week, medical examinations began to evaluate the levels of heavy metals in the beneficiaries.   La Oroya, Peru. Last week 7 residents of the city of La Oroya were tested for concentrations of heavy metals in their bodies resulting from long exposure to toxic air pollution from the local metal smelter. The tests come five months after the Inter-American Commission on Human Rights (IACHR) requested that the State extends precautionary measures granted in 2007, increasing the number of beneficiaries from 65 to 79. In May, the Commission urged the State to take necessary measures to protect the life and personal integrity of the 14 additional residents of La Oroya. The measures include “conducting the necessary medical assessments to determine the levels of lead, cadmium and arsenic in the blood in order to provide medical attention in accordance with applicable international standards.” Following pressure from civil society organizations, medical evaluations were finally completed on seven of the new beneficiaries. In addition to testing for heavy metals, evaluations were also made in the areas of nutrition, dentistry, psychology, internal medicine, pulmonology and gastroenterology. The results should be processed by the Center for Occupational Health and Environmental Protection and delivered to the beneficiaries in a period of no more than 45 days. The Ministry of Health promised that those who require medical treatment will be attended to by specialists in Huancayo or Lima, as the Health Center of La Oroya doesn’t have the capacity to do so. The government also promised a new date for the measurement and evaluation of beneficiaries who couldn’t attend the first set of exams. On behalf of the organizations representing the victims, we hope this is the first step towards full compliance with the precautionary measures requested by the Commission. The measures request not only testing, but also specialized medical treatment and appropriate follow-up with each of the beneficiaries—those included in the original 2007 measures, whose protection remains in force, as well as those included in the extension granted this year. “Despite the fact that the precautionary measures were issued nearly 10 years ago—calling for urgent actions to protect the health of beneficiaries—they have not yet been fully implemented. For years the health problems of the beneficiaries have not been properly cared for,” said Christian Huaylinos, attorney with the Asociación Pro Derechos Humanos (APRODEH). The State must urgently address the condition of health services in La Oroya. The local health center is operating in a state of crisis, in a place that has been declared uninhabitable by the National Institute of Civil Defense. It has only five doctors for 66,000 people in La Oroya and in the surrounding Yauli province. “La Oroya’s structural problems with health and the environment must be solved urgently,” said María José Veramendi Villa, attorney with the Interamerican Association for Environmental Defense. “The Commission must immediately issue its final report on this case, which was first presented nearly a decade ago. The victims have been waiting all this time for justice. If the State is truly committed to the people of La Oroya, that commitment must be shown through full compliance with the eventual recommendations of the Commission.” 

Chile’s Salmon Farms: Sustainability is Impossible

By Florencia Ortúzar Chile is the second largest producer of salmon in the world. For more than 20 years, the industry has put profit above environmental protection. In the absence of government regulation, large-scale salmon farms release contaminating chemicals and create oceanic dead zones. They hurt other species and harm the people and communities that depend on the ocean for sustenance. The situation is bad, but it could get worse as the industry looks to expand into new areas of pristine waters. Bad Practices Salmon farming in Chile will never be sustainable because it requires much more protein to operate than it generates. Salmon are carnivorous. To produce one kilo of salmon you need about five kilos of wild fish for feed. Years of bad business practices and lack of government regulation have resulted in serious environmental damage, which has, in turn, brought grave social consequences to those who depend on seafood for their livelihoods. On the Big Island of Chiloé, for example, seaweed and shellfish gatherers, artisanal fishermen and people who work in plants that process wild-caught fish are experiencing massive unemployment. This social crisis is a direct result of the environmental catastrophe caused in large part by the salmon industry, which has extensive operations in the area. In Chile, developers must present declarations or environmental impact studies that examine their project’s potential to harm nature. Despite the great risk to ecosystems, salmon farms are supported by mere affidavits, and not by studies that would allow for the identification and proper handling of potential negative impacts. The result is thousands of salmon hatcheries. Each one consists of floating cages that, without sufficient spacing or adequate sanitation, house thousands of salmon crammed into small spaces (half the space allowed in Europe). Although it seems difficult to believe, and despite the law saying otherwise, in Chile no studies have been done on the ability of the ocean, lakes, and rivers to accommodate the number of salmon that are grown. These captive salmon are fed pellets that contain a mix of wild fishmeal, pesticides, dyes, fungicides, and chemicals used to speed growth.  A majority of these pellets are not consumed and simply fall to the seabed.  Additionally, each salmon is injected with an exorbitant quantity of antibiotics (up to 5,000 times more than used in Norway). Finally, the waste generated by the fish, which contains chemicals, also accumulates on the ocean floor. More than 20 years of these practices have caused dead zones in the ocean where life is no longer possible. Another serious problem with the industry is that salmon often escape from their cages. According to a report by the NGO Terram, escaped salmon in Chile represent 1.5 percent of the total production, equivalent to more than 9,000 tons per year. Some studies report that this percentage could reach as high as five percent. Although by law farms must have recapture plans, they rarely succeed. Salmon are an aggressive fish. When free, they compete with native fish for food and shelter, and transmit disease. Crisis in the Sea In May, Chile’s coasts were devastated by an unprecedented red tide, believed to be the country’s worst recent environmental crisis. The natural phenomenon, characterized by an excessive increase in microalgae, resulted in the beaching of whales, squid, sardines and even birds. Captive salmon were also affected and the industry suffered huge losses: thousands of tons of salmon carcasses rotted in floating cages. The death rate was such that the national maritime authority authorized the release of 9,000 tons of dead salmon into the sea. According to the salmon industry and the government, the red tide was caused by El Niño, which was aggravated by global warming. However, some scientists have said that the salmon industry is largely to blame for submitting the ocean to their bad practices for so many years. Patagonia Without Salmon Farming! Not only has the salmon industry not learned from its mistakes, but it is also looking to expand into new, uncontaminated waters. It’s happening in the Patagonia regions of Magallanes and Aysen, where approximately 3,100 applications for salmon farms are awaiting approval. Farms were even proposed for places declared as priority conservation sites. Together with our allies, AIDA is working to ensure salmon farming and other industries comply with environmental standards. But there’s something you can do too, as citizens and consumers. Vote with your pocketbook. By purchasing only sustainable seafood products, you can help prevent the creation of more dead zones in our oceans. 

Supporting Mayan beekeepers in their struggle against GMO soy

NGOs call on Mexico to protect Mayan beekeeping communities affected by cultivation of genetically modified soy

The lives, health, and integrity of indigenous people are threatened by deforestation and contamination of their land caused by the cultivation of genetically modified soy. The situation is worsening because the Mexican government has not adopted effective measures to safeguard the rights of the communities.  Washington D.C., United States. Traditional Mayan beekeeping communities, alongside a coalition of national and international organizations, have denounced the cultivation of genetically modified soy in the Mexican states of Campeche and Yucatan as damaging to the lives, health, and integrity of Mayan people, and to the health of the environment on which they depend.   On July 25, a coalition of organizations filed a complaint on behalf of Mayan communities with the Inter-American Commission on Human Rights (IACHR). The organizations are the Interamerican Association for Environmental Defense (AIDA); Centro Mexicano de Derecho Ambiental (CEMDA); Greenpeace Mexico; Indignación, Promoción y Defensa de los Derechos Humanos, A.C. (Indignación); and Litiga, Organización de Litigio Estratégico de Derechos Humanos A.C. (Litiga OLE). The health and way of life of affected people—especially children, pregnant women, and the elderly—are at increasing risk from deforestation and the use, during planting, of the toxic herbicide glyphosate, which has been proved to contaminate soil and water sources. The crops have been genetically modified to resist the herbicide, which leads growers to apply it in ever greater concentrations. The organizations asked the Commission to grant precautionary measures, an action that would urge the Mexican government to implement actions that protect the rights of communities and effectively halt the cultivation of genetically modified soy in Campeche and Yucatan. Leydy Pech, representative of the Mayan communities, said, “planting genetically modified soy in Mayan territory violates our rights and our culture, which has been passed down to us from our ancestors. Because of the cultivation of soy on our lands, we have lost medicinal plants, vital trees for local bee populations, and animals, and have even seen some of our archeological sites destroyed. This harms our Mayan identity and denies us the possibility of passing that knowledge on to our children; traditional knowledge that allows us to preserve the forest and generate wellbeing for our communities.” AIDA attorney María José Veramendi added, “the Mexican government has an obligation to apply the precautionary principle and take into account the health risks that come with glyphosate and the cultivation of genetically modified soy. By not doing so, the State is failing to comply with its duty to prevent violations of the rights of Mayan communities, who are exposed to the herbicide as it drifts on wind and contaminates water sources.” The affected Mayan communities live in the municipalities of Hopelchén, in the state of Campeche, and Mérida, Tekax and Teabo, in the state of Yucatan. Permits to cultivate genetically modified soy also affect other communities in the seven states of the Mexican Republic. The communities were not consulted, nor did they give their free, prior, and informed consent, before Mexico granted the permits necessary for the cultivation of genetically modified soy in their territory. Under international law, indigenous communities must be guaranteed the right to prior consultation and informed consent. What’s more, the planting has seriously affected traditional beekeeping practices, part of Mayan culture and one of the main sources of livelihood for the communities. In addition to requesting precautionary measures, the organizations filed a petition with the IACHR denouncing violations of the rights to land and communal property, to life and personal integrity, to a healthy environment, to work, and to judicial protection and access to justice. According to the organizations, the State has not taken effective measures to safeguard the rights of affected populations despite their efforts to seek justice in domestic courts. “Although the Mayan communities obtained a favorable ruling from the Second Chamber of the Supreme Court last November, the judgment did not resolve all the human rights violations,” explained Francisco Xavier Martínez Esponda, legal representative of CEMDA. “During the consultation process, authorities neither respect traditional manners of decision-making nor meet Inter-American standards for upholding this fundamental right. Since the Mexican State could not rule on all instances of rights violations or order their rectification, we have now brought the case before the Inter-American Commission on Human Rights.”   

Statement from AIDA and APRODEH on the International Arbitration Ruling in La Oroya

The Peruvian government must adequately address the environmental, public health and employment situation in La Oroya. Lima, Peru. On Monday the International Center for the Settlement of Investment Disputes (ICSID) ruled in favor of the Peruvian government in a case involving the Metallurgical Complex of La Oroya. As organizations representing residents in La Oroya, the Interamerican Association for Environmental Defense (AIDA) and the Asociación Pro Derechos Humanos (APRODEH) welcome the decision, which terminates the legal proceedings against the State. The Renco Group, owner of Doe Run Peru, operator of the smelter in La Oroya, initiated arbitration after the Peruvian government claimed the company failed to comply with its environmental commitments. ICSID, a World Bank-sponsored institution, dismissed Renco’s claim due to lack of jurisdiction. While AIDA and APRODEH celebrate this positive news for the government of Peru, it is our hope that, as a result of this decision, the State concentrates its efforts on providing a sustainable solution to the vast contamination in La Oroya, and that it prioritizes the health, environment and employment situation of residents there. We also urge the government to fully comply with the precautionary measures the Inter-American Commission on Human Rights granted in 2007, and extended in 2016, in favor of a group of residents affected by the pollution. Peru also must accept its international responsibility for the human rights violations committed against the inhabitants of La Oroya in the case that is pending before the Commission. Regarding the decision, AIDA Co-Director Astrid Puentes said: “For years we have worked to dismiss the false premise that our demand for the safe and responsible operation of the Metallurgical Complex of La Oroya somehow violates the rights of workers. Doe Run Peru—or any company—can and must operate the smelter in a way that also protects and respects the basic human rights to life and health, for the workers as well as the entire population of La Oroya.”