Toxic Pollution


5 Major AIDA Achievements of the Past 6 Months

1.   Colombia Suspends Aerial Spraying of Glyphosate  In May 2015, Colombia announced its intentions to suspend the aerial spraying of a toxic herbicide containing glyphosate, the main ingredient in RoundUp, which has been used for more than 20 years to eradicate coca and poppy crops. The decision was made final on September 30, when the environmental management plan allowing such spraying was suspended. Pressure on the government mounted with a couple of key court decisions after AIDA and allies in Colombia and the U.S. launched an online petition. Together we collected almost 25,000 signatures from people calling on President Juan Manuel Santos and the Minister of Justice to end the spraying.  Colombia’s spraying has doused homes, farms, forests, and water in vast rural areas, wreaking havoc in sensitive ecosystems, and damaging water sources and food crops in one of the most biodiverse nations on our planet. It has even forced families, including some in indigenous communities, off their lands. AIDA has worked to end the spraying over a period spanning 17 years. When the Minister of Health recently recommended suspending the program over fears that the chemical causes cancer, AIDA worked with the media and organized partners to generate and participate in a national debate. 2.   Panamanian Congress Protects Panama Bay Wetland Wildlife Refuge After years of legal wrangling, Panama passed a law on February 2, 2015—World Wetlands Day—that grants permanent protection to the ecologically critical Panama Bay. The law staves off proposed tourist resorts that would harm mangrove forests essential for wildlife, coastal protection, the local fishing industry, and climate change mitigation. AIDA’s collaboration with its local partner, CIAM (the Center for Environmental Defense), ensured that this law is strong enough to guarantee rational uses of wetland resources throughout the country. Panama Bay is one of the world’s most important nesting sites for migratory birds and provides a home for endangered loggerhead turtles and jaguars. Mangroves in the bay buffer increasingly strong storm surges and capture 50 times more carbon than tropical forests. Under the Ramsar Convention, an international treaty for wetland conservation, the Bay is listed as a Wetland of International Importance.  AIDA’s work is helping protect all the ecosystem services that this critical area provides. 3.   Colombian Government Protects 76% of the Santurbán Páramo AIDA joined with local organizations to build public support for protection of Colombia’s páramos, high-altitude wetlands unique to Latin America. Our work garnered 20,000 petition signatures and generated significant media attention. The Colombian government’s decision to enlarge the protected area of the páramo known as the Santurbán is an important victory for the people of Colombia. The Santurbán supplies fresh water to nearly two million people and provides habitat for threatened species. It also captures large amounts of carbon, mitigating climate change. Several years ago, Colombia passed a law that protects páramos—an important step, because the land in and around the Santurbán contains gold and other minerals that international corporations are eager to mine. To implement the law and truly protect the Santurbán, Colombia had to establish the borders of the protected area. The boundaries initially proposed included only a small fraction of the páramo. Now most of it is protected. 4.  Major Reference Reports Published One of the key services AIDA provides—producing Spanish-language reports based on legal research and analysis—benefits government officials, journalists, civil society groups and industry decision makers who are striving to protect our shared environment. We compile extensive information about threats to natural resources and best practices for environmental protection. Our reports fill gaps in knowledge among key Latin American policymakers and advocates. Recent AIDA publications that can help guide efforts toward environmental protection include: International Regulatory Best Practices For Coral Reef Protection. Protecting Coral Reefs in Mexico: Rescuing Marine Biodiversity and Its Benefits for Humankind. Basic Guidelines for the Environmental Impact Assessment of Mining Projects: Recommended Terms of Reference. 5.   Regional Fracking Group Established:  30 Organizations in Seven Nations In Latin America, many countries are opening their doors to fracking—the practice of injecting water, sand and chemicals at high pressure to shatter rocks and release natural gas from deep underground. Governments are doing so with little or no understanding of the environmental and health impacts of this technology, and with the absence of adequate processes to inform, consult, and engage affected communities. With AIDA’s help, the Regional Group on Fracking was formed to raise awareness, generate public debate, and prevent risks associated with fracking. The group seeks to ensure that the rights to life, public health, and a healthy environment are respected in Latin America. The Group consists of civil society organizations and academic institutions mainly from Argentina, Brazil, Bolivia, Colombia, and Mexico, collaborating to: Identify affected communities and fracking operations in the region, and document impacts; Advance strategies to stop harmful projects and slow the spread of fracking; and Organize seminars and provide educational materials about the risks and impacts of fracking to ensure that a precautionary approach is taken.

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Toxic Pollution, Climate Change

A World Without Ozone

By Laura Yaniz In Mexico, on September 16th, people rest from a night of partying, and so does the sky. In that country, Independence Day begins contaminated by the excessive fireworks used in patriotic celebrations. The irony is that, worldwide, that same day is reserved to celebrate the preservation of the ozone layer. What would have happened had we not decided to care for the ozone?  Each 16th of September, Mexico City wakes up with its air hanging thick and dirty. Although the streets are nearly empty, the government maintains a “Don’t Drive Today” program and sanctions distracted drivers whose plate numbers are forbidden from driving that day. I call them “distracted” because on holidays, the government often suspends the “Don’t Drive Today” program, but not on September 16th. On this day, everyone must recover from his or her hangover, including the sky. This is a result of September 15th, when Mexico celebrates its “motherland night.” In cities across the country, thousands of fireworks are launched from plazas packed full of partiers. And so, the next day, the sky hangs even greyer than usual. It’s a bit ironic that September 16th is International Day for the Preservation of the Ozone Layer.  More ironic still is that a Mexican named Mario Molina was part of the group of scientists who discovered what was causing the hole in the ozone layer: chemicals expelled into the air by human beings. The discovery became a turning point in the war against gases that damage our atmosphere. It led to diplomatic actions worldwide: the Montreal Protocol was signed with the specific purpose of protecting the ozone, prohibiting the use of chlorofluorocarbons (CFCs, commonly known as Freon) and spurring the elimination of other harmful substances. “My first environmental panic,” is how Florencia Ortúzar, AIDA climate change attorney, remembers it. And why not? Destroying the ozone meant weakening protection against the UV rays that cause skin cancer and cataracts, not to mention the fact that extremely dangerous radiation could cause drastic changes in the ecosystems we rely upon in our own lives. We’ve had 40 years of scientific investigation into the effects of chemicals on the ozone, and 30 years of global and political actions to confront them. Have they mattered at all? Yes. The world we avoided NASA published a simulation that explains the world that might have been had we not acted so quickly to protect our ozone: By 2020, 17 percent of all ozone would have disappeared on a global level. By 2040, UV radiation would have reached an index of 15 in mid-latitudes. An index of 10 is considered extreme and can cause burns within 10 minutes. By 2065, we would have lost two-thirds of the ozone, causing never-before-seen UV radiation levels, which could cause burns in only 5 minutes of exposure. Would we have reached 2100? NASA didn’t say. The hope: What we can do Richard Stolarski, a scientific pioneer in ozone studies and the co-author of NASA’s simulation, expressed his admiration for the global work to confront the problem: “I didn’t think the Montreal Protocol would work, it was very naïve in terms of politics. Now it is a remarkable international agreement and should be studied by all those involved in seeking a global agreement on global warming.“ Certainly, what was achieved was inspirational, because a catastrophic situation was avoided.  But we can’t let down our guard just yet. When the Montreal Protocol prohibited chlorofluorocarbons, industry replaced them with hydrofluorocarbons.  Like the CFCs they replaced, HFCs are potent greenhouse gases. As part of our Climate Change program, we work to reduce emissions of short-lived climate pollutants, which include hydrofluorocarbons. Although they represent only a small percentage of greenhouse gases, their production and use are growing and will continue to increase if action is not taken. That’s why at AIDA we are working to identify ways to strengthen regulations that reduce emissions of short-lived climate pollutants. Because these pollutants persist in the atmosphere only briefly, reducing their concentrations can provide near-term climate benefit, giving us more time to implement renewable energy and efficiency programs that lessen the severity of climate change. Are you with us?

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Peru child

Indifference to life and health in Peru

By María José Veramendi Villa, @MaJoVeramendi In Peru, every year around 400 children die of cold. I learned this dramatic figure a few weeks ago when I read a column titled “Dying from Indifference,” by Congresswoman Veronika Mendoza. I asked with genuine indignation: How is it possible that children could die of cold in a country that prides itself on its mineral wealth, its great attraction for foreign investment, its tourism and culinary strengths? A country that hosts major world events such as the Conference of State Parties to the UN Framework Convention on Climate Change? Besides the lack of political will from our leaders, who worry more about looking good in photos taken at grand events, the answer can be found in a key paragraph of Mendoza’s column: “Where could such political will come from if no one is moved, if no one is indignant that these children die, perhaps because they tend to be “somewhere else,” usually peasants, who often speak Quechua or Aymara?” Regret before prevention On July 18, 2015, the government issued a supreme decree that declared a state of emergency in some districts and provinces of the country, due to frost. The first paragraph of the decree states that “every year and on a recurring basis, between the months of May and September, our country experiences weather events related to low temperatures, such as frost in our highlands, as was observed in recent seasons with extreme temperatures well below 0 ° C ...” If these weather events occur every year, why not prevent their impacts? In 2004, information from the Tyndall Centre, University of Manchester, revealed that Peru is the third most vulnerable country to the effects of climate change, the main cause of such phenomena as increasingly intense frost. Indifference to the violation of human rights Indifference in Peru not only manifests itself in children dying of cold in remote communities, but also La Oroya, a city only 175 kilometers from Lima. In a context of extreme industrial pollution, the population, including children, has for many years suffered violations of the rights to life and health. On August 11, a strike organized by the workers of the metallurgical complex in La Oroya, and the subsequent closure of the main highway that provides access to the center of the country, set off alarm bells in the city. Not bells that should sound when pollution limits are exceeded, but those of a long-neglected social demand. The metallurgical complex, owned by the company Doe Run Peru, is for sale and in the process of liquidating. According to information released to the public, no interested party submitted a financial offer because Peruvian environmental standards are too strict. In response, the workers took control of the road, demanding that the State relax those standards so the complex can be sold and they retain their jobs. The protest left one dead and 60 wounded. It ended after the signing of a five-point agreement, which does not mention the rights to life and health of the population of La Oroya. In a city that has been subjected to unchecked contamination for more than 90 years, Doe Run Peru has continued to obtain extensions to meet its environmental obligations. In July 2015, the company obtained a further extension of 14 years for the complex to meet environmental standards. But what about the life and health of the people? The State has not seen that environmental standards are met in La Oroya. Neither has it fully safeguarded the health of its inhabitants: • The air quality alert system has not been activated properly. • The doctors in charge of health and the heavy metals strategy are scarce and face the constant risk of running out of resources to continue working. • The State insists on asking the Inter-American Commission on Human Rights to lift the measures ordered in 2007 to protect the lives and health of a group of La Oroya residents. Speaking Loudly Children are as vulnerable to cold as they are to the effects of industrial pollution. However, the State only comes to their aid in times of crisis or when it is too late. It sounds like a cliché, but children are our hope. Let us listen so they don’t die of cold and are no longer poisoned! Otherwise, we will also be victims of the disease of indifference. 

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New Zealand sets shameful emission-reduction target, completely ignores public consultation

By Natalie Jones Natalie is a legal intern on the Climate Change team at AIDA, based in Mexico City. She is a delegate to COP21 with the New Zealand Youth Delegation, and volunteers for NZ youth climate group Generation Zero. In this post, she covers an issue AIDA is following closely in Latin America—emission-reduction targets—in her native country. Last week New Zealand released its INDC, or “intended nationally determined contribution,” for the post-2020 climate deal set to be agreed upon in Paris this December. It’s not good news. An INDC is the target each country must set for its future greenhouse gas emissions—in other words, its intended contribution to the effort to reduce climate-changing pollutants to a sustainable level. At the UN climate talks, the world’s governments agreed that these targets should be nationally determined, to allow each nation to respond best to its own needs, priorities, and abilities. Because climate change is an issue we all face together, New Zealand’s announcement is relevant to people in all parts of the world, including Latin America. New Zealand is one of the world’s higher emitters: the small country emits more than three times its share of global emissions per capita. So far, however, New Zealand is failing to live up to its historic responsibility. The Government announced an emissions reduction target of 30 percent below 2005 levels by 2030. While this may sound okay – 30 is a big percentage, right? – it actually equates to a cut of just 11 percent below 1990 levels, which is not that much bigger than our already-pitiful 2020 target of 5 percent below 1990 levels. To stay in line with the international effort to limit global warming to below 2 degrees Celsius, New Zealand’s target would need to be a minimum of 40 percent below 1990 levels by 2030 – a rate accepted by the European Union and other progressive nations. Instead, the target is worse than those proposed by China, Mexico and other developing countries. To make matters worse, New Zealand has already proposed a conditional target of 10-20 percent below 1990 levels by 2020, in addition to the unconditional 5 percent target. It is likely that all the conditions attached to the 10-20 percent target will be met. So the recent announcement is essentially lowering New Zealand’s ambition by giving the country ten more years to hit the low end of its conditional target. At this critical moment in history, we can’t afford a decade of inaction. Accounting rule mischief But it doesn’t stop there. The target will remain provisional until a final deal is reached in Paris, including rules on accounting for land sector emissions and carbon markets. This means the target is even worse than it seems. New Zealand’s existing 2020 target is based on gross emissions calculated for 1990, without accounting for the lower net amount of carbon once some of it is taken up and stored by forests. But for 2020, the target does account for forests as a carbon sink. This skewed approach means New Zealand is on track to meet its 5 percent reduction target by 2020, even though actual emissions are on track to increase 36 percent since 1990. If New Zealand plans to use the same methodology for the 2030 target, which seems likely, our target would actually be a 134 percent net increase from 1990 levels. A target for the 1% What’s more, the Government has completely ignored the results of its own public consultation, which overwhelmingly called for much stronger action. Ninety-nine percent of submitters called for a target of 40 percent below 1990 levels by 2030. Over 15,000 submissions were made, and more than 4,600 of those submissions were mobilized by youth climate organization Generation Zero’s Fix Our Future campaign, which I helped run. Generation Zero spokesperson Paul Young characterized the target as being “for the 1 percent who deny the need to transition to a low carbon economy.” Failing to take responsibility for the Pacific New Zealand is a neighbour to many vulnerable Pacific Island countries, such as Samoa, the Marshall Islands, Tuvalu and Vanuatu. These countries are some of the lowest contributors to climate change, but are the first to face its devastating impacts, such as rising sea levels and more frequent and severe storms. New Zealand has a responsibility to care for its neighbours. Oxfam New Zealand called the country’s recent announcement a “slap in the face” to Pacific Island nations. A wasted opportunity Perhaps most disappointing about this announcement is the fact that New Zealand has the ability to lead the way to a thriving, zero carbon world. Currently running on more than 80 percent renewable energy, the country is in a prime position to transition to 100 percent renewable energy, shift its transport and heat needs to electricity and other clean energy sources, and absorb carbon by planting forests. Instead, New Zealand is leaving it to other countries to pick up its slack. Historically, New Zealand has used the inaction of major emitters like the US and China as an excuse for its own inaction, but that simply won’t cut it any more. What’s holding us back now is not technology, but political vision. AIDA’s work on INDCs AIDA advocates for public participation in the formation of INDCs throughout Latin America, and calls on nations to include information in their INDCs about the finance needed to meet their commitments and respond to the impacts of climate change. It is important to monitor the contributions of countries outside Latin America, particularly developed countries who have contributed the most to the problem, in order to determine whether each country is upholding their responsibility on this collective issue and to ensure political accountability for poor contributions. Find Natalie on Twitter at @nataliejonesnz.

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AIDA celebrates historic decision to suspend fumigation with glyphosate in Colombia

AIDA calls on the National Environmental Licensing Agency to immediately cancel the permit authorizing the chemical spraying program. Thanks to more than 24,000 people who signed a petition on Change.org to suspend fumigation and to colleagues and organizations that participated in the campaign. Bogota, Colombia. The Interamerican Association for Environmental Defense (AIDA) welcomes the Colombian government’s decision to suspend the aerial spraying of coca and poppy crops with glyphosate in the country. To implement this decision, the National Environmental Licensing Agency must rule immediately and cancel the permit granted to the chemical spraying program. "This is a historic moment for health, the environment, and respect for law in Colombia," said Astrid Puentes Riaño, Co-Director of AIDA. "We know it was a complex decision, but in light of a policy that has proved ineffective and caused serious damage, it was also a smart decision to change course and find real solutions." AIDA has followed the Illicit Crop Eradication Program in Colombia since the late 1990s. We have repeatedly decried the serious damage to health and the environment caused by the glyphosate mixture applied in Colombia, and advocated more appropriate alternatives to eradicate coca and poppy crops. The decision to suspend the spraying, made last night by the National Narcotics Council with an overwhelming majority of seven votes to one, will become effective if the National Environmental Licensing Agency revokes the permit authorizing the program. AIDA believes that the permit should be canceled immediately because the program was designed to use glyphosate, and without it the program no longer makes sense. One day before the decision, AIDA delivered a petition to suspend the spraying, with more than 24,000 signatures, to the Minister of Justice, who also chairs the Narcotics Council. The petition, posted on Change.org, was sponsored by AIDA in conjunction with the Institute for Studies of Development and Peace (INDEPAZ) and the Observatory of Crops and Growers Declared Illicit, with support from Washington Office on Latin America and Latin American Working Group. In one week the petition received 24,933 signatures. "We thank everyone who signed and those who for years have requested this change in policy; this is a shared achievement," said Hector Herrera, AIDA attorney and coordinator of the Environmental Justice Network in Colombia. "We look forward to creation of a technical committee to make recommendations and hope that it is participatory and transparent." The suspension of the fumigation program followed a finding, issued by the World Health Organization’s International Agency for Research on Cancer, that glyphosate may be carcinogenic. This finding led the Ministry of Health to recommended suspending the program, which Colombia’s Constitutional Court and other national courts had unsuccessfully requested years before, citing the precautionary principle. This principle, found in international environmental law, was incorporated into Colombian legislation in 1993. It holds that in the absence of scientific certainty, when a risk of serious or irreversible health or environmental damage may be present, the authorities should take steps to avoid that risk. In the case of spraying, the requirements for applying the precautionary principle are met. Although there is no absolute scientific certainty of causal harm, more than 15 years of evidence points to possible serious and irreversible damage to health and the environment, including risk of cancer and skin diseases, damage to amphibians and fish, and damage to forests and food crops. The Colombian government, for the sake of caution, finally suspended spraying to prevent further damage.  

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Colombian government must immediately suspend the use of glyphosate

Bogota, Colombia. Glyphosate, the herbicide used to eradicate crops considered illicit in Colombia, has been classified as a substance probably carcinogenic to humans by the International Agency for Research on Cancer, the specialized cancer agency of the World Health Organization. Based on these findings, the Colombian Ministry of Health is recommending that the country’s Ministry of Justice "immediately suspend the use of glyphosate in the Illicit Crops Eradication Program’s aerial spraying operations." The Interamerican Association for Environmental Defense (AIDA) strongly supports this recommendation so that the human rights to health and a healthy environment, both closely linked to the right to life, are protected in Colombia. We urge the government to fulfill its national and international obligations, respecting the conclusions reached by the highest health authorities, in order to prevent further damage to the country’s people and environment. For 15 years, AIDA and partner organizations have been warning of the grave impacts glyphosate has on the environment and human health. We’ve advocated for the need to apply the precautionary principle to suspend Colombia’s fumigation program, which has been financed by the government of the United States. Astrid Puentes Riaño, attorney and co-director of AIDA: "Colombia, like no other country, has used millions of liters of glyphosate that have not succeeded in destroying coca and poppy plants, but have irreparably damaged the environment and human health. Without excuses or delays, the National Narcotics Council must act responsibly and immediately suspend the use of glyphosate in the eradication of illicit crops." Anna Cederstav, co-director of AIDA and PhD in Chemistry: "The scientific evidence on the impacts of glyphosate on the environment and human health is sufficient to support a decision of the suspension of aerial spraying of glyphosate in Colombia."

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Toxic Pollution, Human Rights

People harmed by environmental contamination in La Oroya have been waiting for seven years for the State to guarantee their rights

In 2007, the Inter-American Commission on Human Rights (IACHR) asked the Peruvian State to provide medical care and institute environmental controls. These measures have yet to be implemented fully and the health of the affected people continues to deteriorate. The IACHR has yet to reach a final decision in the case. La Oroya, Peru. Seven years have passed since the Inter-American Commission on Human Rights (IACHR) asked the Peruvian State to adopt precautionary measures in favor of the individuals affected by toxic contamination in the city of La Oroya. Those affected, including boys and girls, still have not received the medical attention they require and their health continues to deteriorate. On August 31, 2007, the IACHR granted precautionary measures in favor of 65 inhabitants of La Oroya who were poisoned by air, water, and soil contaminated by lead, arsenic, cadmium, and sulfur dioxide coming from the metallurgical complex of the Doe Run Perú Corporation. In light of the gravity and urgency of the situation, the Commission asked the Peruvian State to take actions necessary to diagnose and provide specialized medical treatment to affected persons whose personal integrity or lives were at risk of irreparable harm. Although some medical attention was provided, the required comprehensive, specialized care has not.  Now there are dire risks of setbacks. To date, the Health Strategy for Attending to Persons Affected by Contamination with Heavy Metals and Other Chemical Substances, which is operating in the La Oroya Health Center, does not have an assured budget starting in September and for the remainder of the year. The Strategy is essential for complying with the precautionary measures, given that the diagnosis and specialized medical treatment for the beneficiaries depend on it. Without a budget, the continuity of the medical personnel attending not only to the beneficiaries but also to the entire population of La Oroya will become unviable. "The precautionary measures continue to be in force; after seven years, there has not been full compliance with them. Nonetheless, the State insists on requesting that they be lifted, despite the fact that the health of the population is deteriorating and constant risk [exists]," declared María José Veramendi Villa, attorney for the Inter-American Association for Environmental Defense (AIDA). On a related note, the IACHR continues to study the suit filed in 2006 for violations of the human rights of the same group of affected persons. The case is based on the failure of the Peuvian State to adequately control the activities of the metallurgical complex and protect the health and other rights of the affected persons. Regrettably, these individuals’ situation is worsening, and five years after accepting the suit, the IACHR has yet to reach a final decision. "Delay affects us more and more all the time. Our maladies are worsening. During this time, we have lost many of our fellows and seen our children fall ill," declared one of the affected individuals whose name is being withheld for reasons of security.  Currently the metallurgical complex is undergoing a process of liquidation, but its operations will continue during the process of being sold. However, in May the complex had to suspend its operations because its suppliers stopped providing it with concentrates due to the company’s financial problems. "Although operations have been suspended, the violations of the individuals’ human rights have already occurred. Therefore, the Peruvian State must comply with its human rights obligations and guarantee that the company and its new owners comply with their obligations to protect the environment and human health," stated Jorge Abrego, attorney for the Asociación Pro Derechos Humanos [Association in Favor of Human Rights] (APRODEH).  

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Colombia’s Ministry of Environment unveils the demarcation of the Santurbán Páramo without specifying details of the measurements

With the water supply of millions of people at risk, we urge the ministry to publish details of the demarcation and ensure that this fragile ecosystem remains free of large-scale mining operations. Bogotá, Colombia. Colombia’s Ministry of Environment announced the delimitation of the Santurbán Páramo, a high-altitude wetland ecosystem that supplies water to millions of people in the country. While the ministry disclosed some aspects of the measure to the media, it has not released full details. These include the full extension of the demarcation, exact coordinates and which mining operations are inside or outside of the defined area. The ministry stated that the protected area would increase from 11,000 hectares to 42,000 hectares in the department of Santander. However, according to the Colombian Humboldt Institute’s atlas, the ecosystem has a surface area of at least 82,000 hectares in the departments of Santander and North Santander. “We do not know if the protected area covers the total area of the páramo in both departments. Nor do we know the coordinates or what mining titles will be affected. We do not even know if there is a written draft of the official decision. This seems incompatible with the right to access accurate and impartial information, as enshrined in the Colombian Constitution,” said lawyer Carlos Lozano-Acosta of the Interamerican Association for Environmental Defense (AIDA). The páramo of Santurbán supply water to nearly two million people, including the cities of Bucaramanga and Cúcuta. As is common for this ecosystem, the páramo of Santurbán has a diversity of flora and fauna and is important for storage of atmospheric carbon, helping to mitigate climate change effects. According to the law, the demarcation of this ecosystem should be formally and clearly defined in order to prevent harmful activities such as large-scale mining, which could cause irreversible damage. According to the Ministry, companies with mining concessions and environmental licenses will remain in Santurbán. The ministry said that the demarcation affects only 10 of 29 mining titles, including those of the Canadian firm Eco Oro Minerals. It did not provide any further details. Without the exact coordinates of the ecosystem, it is not possible to know precisely the extent of the demarcation and the ongoing threat that large-scale mining poses to this water source. Eco Oro has threatened to pursue legal action if the final decision affects their investment, presumably basing its arguments on the free trade agreement between Colombia and Canada that would allow the company to sue Colombia in an international tribunal. “Colombians should not pay a company for investing where it should not, much less if it threatens their water supplies. Colombian law prohibits mining in páramos. We call on Eco Oro to respect Colombians’ right to water instead of threatening legal action to protect their investment,” said Jennifer Moore of MiningWatch Canada. Kristen Genovese of the Centre for Research on Multinational Corporations (SOMO) said, “Eco Oro is not only violating Colombian law with regard to mining in the páramo, but the project is inconsistent with the social and environmental standards of the International Finance Corporation (IFC), which is financing the project. We believe that an investigation now underway regarding the IFC’s investment in Eco Oro will confirm our analysis.” According to the Ministry, the decision will not be adopted immediately, and no date has been set to implement it. “The participation of citizens in the demarcation process has not been adequate. We do not know, for example, if the Ministry used rigorous technical studies provided by the Humboldt Institute. Nor is much known about how public participation took place regarding this decision,” said Miguel Ramos of the Committee for the Defense of Water and the Santurbán Páramo. Also unknown is how Andean forest ecosystems, or cloud forests, located at altitudes of 2,200 to 2,600 meters above sea level, will be protected and managed. These are also vital to ecosystem health and water regulation. Similar to Eco Oro’s approach in Santurbán, the mining company AUX plans to carry out underground mining in these ecosystems. To date, more than 19,000 people have signed a petition (in Spanish) urging the Colombian government to protect the water of Santurbán according to scientific criteria. The government received (in Spanish) 16,000 of those signatures in November 2013. Organizations and environmentalists have also asked (in Spanish) the Colombian government to properly define the limits of the páramo ecosystem. The demarcation of Santurbán will set a precedent for protecting the country’s other páramos. Colombia is home to half of the páramos in the world, which supply water to 85% of its population. The demarcation process must take into account the minimum projected area of the páramo in the Humboldt Institute’s Atlas and its technical studies at a scale of 1:25:000. “If the Santurbán Páramo is adequately defined, it would set an important precedent for the protection of all the páramos. This would lead the way, taking another step toward respecting the right to water of all Colombians” said Carla Garcia Zendejas of the Center for International Environmental Law (CIEL). AIDA, CIEL, the Committee for the Defense of Water and the Santurbán Páramo, MiningWatch Canada and SOMO -- as allied organizations -- ask Eco Oro to refrain from threats of legal action in an attempt to influence the demarcation of the páramo, and ask the Colombian government to provide full, truthful, and impartial information about the process and final decision. 

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