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COP21 Begins, as Climate Hope Grows Stronger

Hundreds of world leaders gathered in Paris today to officially kick off the highly anticipated global climate talks. This is a critical moment for the future our life here on Earth. The conference is expected to produce a new and binding global climate accord, which could shape the ways in which we live, govern, create energy, and adapt to a changing climate. The expectations are set high for this 21st Conference of Parties (COP21) of the United Nations Framework Convention on Climate Change – because they have to be.  In the next two weeks, States will have the opportunity to show their commitment to combating climate change. At the close of the negotiations, if all goes well, governments from around the world will adopt the measures necessary to ensure a better planet for present and future generations. The task at hand for this Conference is finalizing the Paris climate package, which includes a final draft of the new climate agreement and a series of decisions to be adopted by Member Parties. Both are vital to the proper implementation of the Convention. Though it has been successful in elevating climate change in policy discussions worldwide, the Convention still requires States to adopt clear and concrete actions to ensure compliance.  What do we hope to achieve in Paris? There are two key tasks that AIDA will press Conference negotiators to achieve: Clarify the commitments related to climate financing after 2020. Include language requiring the respect, guarantee, protection, and promotion of human rights in all climate actions in both the preamble and the operating text of the Paris Agreement. Focus On: Climate Finance Climate finance is fundamental to ensuring that the commitments established in the Paris Agreement, as well as in the Convention itself, become a reality. Concerning climate finance, the new agreement should include the following key elements: Clarity on which countries should mobilize new and additional resources after 2020. It’s also important to reevaluate the role of developing countries that, though they have no obligation to provide financing, may be in a position do to so. Clear commitments to increase climate finance to achieve the desired outcomes. Clarity on sources of financing, ensuring that those sources implement clear and transparent methods that allow for their accounting and effective use. Collective short-term goals that demonstrate clear advances. Clarity on the institutional arrangements needed to channel resources. It will be important to strengthen the Green Climate Fund’s role in ensuring that finance supports projects and programs that are low-carbon and climate-resilient. Cycles of financial contributions, and their corresponding verification periods. Climate finance is a critical component of progress on the climate agenda. Providing clarity on this matter is essential to achieving goals and paradigm shifts in the short, medium, and long term.   Focus On: Human Rights The protection and promotion of human rights is vital in the fight against climate change.  The very success of the Paris Agreement depends on this element being integrated into the text and, particularly, into its objectives. A climate agreement featuring language to protect human rights will help to: Increase the ambition of the Agreement and strengthen its goals, encouraging better implementation, given that the human rights perspective may remind States of obligations that they already have. Clarify the responsibilities of States and other actors in the fight against climate change, and increase understanding of public policies related to it. This provides us the opportunity to advance and provide lessons learned, avoiding the duplication or creation of new obligations. Define a clear and acceptable pattern to prevent further socioenvironmental conflicts in the future. Having a uniform legal framework for the recognition of human rights would make it possible to improve the management of water, food, and land, which have particular resonance in Latin America. The Paris Conference is a historic opportunity for AIDA to strengthen the substantial progress made to date in the fight against climate change. Follow Along With Us!

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Climate Change, Human Rights

For the life and health of my children: We MUST include Human Rights in the New Climate Accord

By Astrid Puentes Riaño (@astridpuentes) Originally published by IntLawGrrls We humans have caused climate change, a real threat to humanity thus it requires human solutions.  We also have lost precious time on eternal discussions about the existence of climate change, despite imminent evidence.  Our efforts to deliver solutions must be inclusive and ambitious if they are to ensure that the lives and livelihoods of all people are protected. If and how to include human rights protections in new climate accord was one of the primary issues discussed during October’s Bonn Climate Conference. These protections were notably left out of the no-text presented by the co-chairs, and then added back in at the insistence of several countries, many from the Global South, and hundreds of civil society organizations. I could write a long list of legal, political, ethical, and economic arguments as to why human rights must be included in the Paris Agreement. In my opinion, however, they can all be distilled into two primary and powerful arguments: my children! At 4 and nearly 2 years old, they are already experiencing the realities of a changing climate.  Some days, for example, they cannot go to the park because of increased air and climate pollution levels in Mexico City, be it black carbon or ozone, or both.  Unfortunately, the worst is yet to come, as hurricanes, droughts, floods, glacier loss, and fires are all increasing. Now the question for my kids is not whether they will suffer from climate change, but to what extent. Some may say I’m exaggerating, and that my kids aren’t among the most affected. They’re right. Many others are suffering, and will continue to suffer, far worse consequences, such as: the Kunas in Panama, who are loosing their land due to sea-level rise; the 62 million people living on 52 small island states, including Tuvalu and Barbados; the 70 million people in the Andes, all of whom depend on water from glaciers and paramos, which are expected to dissapear within a few decades. Despite the evident urgency, official responses have been shamefully slow. The United Nations recently announced that current national commitments aren’t enough to prevent world temperatures from surpassing 2oC by 2100, when my children will be 89 and 87 years old. How, then, can we speed up agreements, increase ambition, and close the gap between what is needed and what is promised by States? Human Rights are an important part of this answer. If implemented, they can help to: Recognize the realities of climate change and its impact on the enjoyment of human rights of all peoples, particularly those in vulnerable situations. Remind States of their existing obligations to protect and respect human rights, obligations which are fundamentally shared by corporations and other international entities. Incorporating human rights in the climate change agreement will not create new obligations; it will instead allow us to be consistent and comply with preexisting commitments. Avoid increased threats to world stability that have been linked to climate change due to impacts such as: local resource competition, livelihood insecurity, migration, extreme weather events and disasters, volatile food prices, transboundary water management, sea-level rise, coastal degradation, and the unintended effects of climate policies. Spur effective solutions, such as the rethinking of energy. These kinds of solutions haven’t yet been achieved due to a lack of ambition and political will. For my son and daughter, and the millions of children of the world, we must accept that climate change is a human rights issue. For the health of future generations, and that of those already suffering from its impacts, we must do all we can to create effective solutions. The new climate accord, which will be signed in Paris this December, must include human rights protections in its Preamble, as well as in its operative text. Only then, with an overarching respect for the rights of all people, can begin to see the results we need in the fight against climate change. We must take the climate crisis seriously. If not, we will be trapped in short-sighted negotiations that won’t provide my children the hope of a dignified and healthy life. They will be left inside, unable to play in the park, to enjoy the world beyond our doorstep. And those in more vulnerable situations may be left with nowhere at all to find the shelter they seek.

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Coral reefs, Oceans

How can we save coral reefs?

By Haydée Rodríguez When I tell people I live in Costa Rica, they imagine my home on the beach, facing the ocean, waves rolling in from the endless horizon. In reality, I live in a city like any other, one hour from the Pacific coast and three from the Caribbean. Although my life hasn’t exactly been a tropical vision of paradise, I’ve been in love with the ocean since I was a girl. That love has only deepened the more I came to understand the mysteries of the sea, the services it provides and the marvelous creatures that call it home. Of all the species that live in the sea, corals are among my favorites. Thanks to my career at AIDA, I have been able to both learn a lot about these tiny animals, and work to identify effective ways to protect them. Many people don’t know about the incredible connection we have with corals. It’s a connection that exists even for those of us who don’t have the privilege of living by the sea.  What are corals and what do they do for us?  Although at first glance they look like large rocks, corals are actually living organisms with an exoskeleton. They have a mutualistic relationship with photosynthetic algae called zooxanthellae, which are responsible for their brilliant coloring. The algae use sunlight to produce food and some of the nutrients that the corals need to survive. In exchange, the corals provide the algae with a protected environment. A group of corals forms a reef, a highly biodiverse ecosystem, widely known as the jungle of the sea. Coral reefs provide many benefits to humanity: Reefs are spawning grounds for many varieties of fish—the fish you eat are linked, in one way or another, with a coral reef. Reefs are natural shock absorbers that protect coastal communities from storms and hurricanes. Reefs are tourist destinations that generate important national income: one square kilometer of coral reef provides services valued at up to $600,000 a year, according to the United Nations. The bad news is that these benefits could be lost if we don’t act now to preserve coral reefs. It’s estimated that 60 percent of the world’s coral reefs could disappear by 2030. That would mean that our children may enjoy them for only a brief time, and our grandchildren may know them only from photographs in their science and history books.  What are the threats and how can we help fight them?  Unsustainable fishing methods, such as trawling, which destroys any coral in its path. Before eating or buying seafood, it’s worth asking how it was fished. Becoming responsible consumers is our right and our obligation. We must demand in restaurants and grocery stores products that have been taken from the sea without harming corals or other species of importance. Inadequate tourism practices harm coral reefs. When exploring the wondrous corals reefs, snorkelers and divers must avoid touching or stepping on them at all costs. We must remember that corals are living creatures, which our weight and the equipment we carry into the sea can harm. When we buy souvenirs like necklaces and crafts, we should reject products that use or incorporate corals. We do not need corals to decorate our homes or bodies, but the ocean needs them to maintain its equilibrium. A recent study found that, when they come into contact with the ocean, sunscreens that contain oxybenzone (a chemical compound) could, even in low concentrations, damage the DNA of corals, deforming them and eventually causing death.  We must avoid using this type of product, and instead use safe sunscreens and clothing to protect us from the sun. Here is a list of sunscreens that are safe for corals. The fertilizers used on crops leech into rivers and eventually reach the ocean, severely harming corals by increasing the production of algae, which in large quantities block the sun and prevent corals from receiving nutrients. We must opt for fruits and vegetables grown organically and demand responsible agriculture.   Improving legal protection of coral reefs Another important way of saving coral reefs is by seeking change in our countries. We must urge our governments to improve the laws protecting these sensitive creatures. At AIDA, we have recently published A Guide to International Regulatory Best Practices for Coral Reef Protection. The document contains ideas to strengthen laws and promote the conservation of coral reefs around the world. I invite you to share the guide with decision-makers in your country. Or if you prefer, send me ([email protected]) the contact information of people who may be interested in implementing the recommendations contained within, and I will send them the guide directly. Corals play a more important role in our lives than many of us understand, and their future is in our hands.  We must save coral reefs to ensure that our children and our grandchildren can enjoy the many benefits of these wondrous creatures.

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Toxic Pollution, Human Rights

Still Waiting for Justice in La Oroya

Part 1 of a 2-Part Series on the Human Rights Situation in La Oroya, Peru. By María José Veramendi Villa Juana[1] is tired. She and her neighbors have been waiting eight years for a ruling; eight years for a decision that could better their lives, clean their air, attend to their sick children and families. What began as a courageous and hopeful quest for justice has become a discouraging waiting game. Since 2007, a group of residents in La Oroya, Peru, has acted as petitioner in a case before the Inter-American Commission on Human Rights, Community of La Oroya v. Peru. For nearly a century, their city has been contaminated by the operation of a metallurgical complex (smelter) within its borders. The smelter has blackened the air, poisoned their bodies, and released toxic chemicals into the land and water. La Oroya was once identified as one of the most polluted cities in the world. The severe contamination has, and continues to have, grave impacts on the health of the city’s residents. Realities of La Oroya When AIDA’s co-executive director Anna Cederstav first arrived in La Oroya in 1997, women were walking around with scarves covering their faces, a vain attempt to ease the pain of breathing. Juana explained that she had felt the steady burning in her eyes and throat—the effects of contamination—since she could remember, but didn’t pay it any mind. Like most of the population, she thought it was normal. She didn’t really know what clean air was because she’d never experienced it. AIDA has worked for nearly two decades with the community of La Oroya. In 2002, we published the report La Oroya Cannot Wait with the Peruvian Society for Environmental Law. That report began to reveal to the community the severity of the pollution and health risks they were facing on a daily basis. The community realized they had to do something. Juana said it was in 2003, more than 80 years after the smelter began operating, that she became aware of the contamination. Through work with her parish, she was able to access information and learn about what was happening in her city.  From there, she connected the dots—the respiratory problems in her family were, in fact, a result of her city’s extreme contamination. The quest for justice Residents submitted their case before the Inter-American Commission after their attempts at justice within Peru produced no remedy. A 2006 ruling by Peru’s Constitutional Tribunal against the State ordered it to adopt measures to protect the health of the community, but the State took no such action. In 2007, the Commission urged the Peruvian state to carry out precautionary measures—a specialized diagnosis of 65 residents and treatment for those who showed irreversible damage to their lives or personal integrity. Juana said receiving news of the precautionary measures was a happy moment because “we knew that we were winning something. At the beginning, everything went well and we believed that everything would be fixed, (but) with the passing of months—years—there were no answers.” Then, in 2009, the Commission issued a report admitting AIDA’s petition, declaring that the State’s omissions in the face of pollution could, if proven, represent human rights violations. But still, nearly a decade after the petition was first filed, the victims await a decision, the precautionary measures have yet to be enforced, and the State’s responsibility for the acts have yet to be established.  “It’s taking a really long time, and not all of us have the patience or desire to keep waiting,” Juana said. Time affects the victims, wearing them out until they begin to waver and give up fighting for their right to justice. They become even more vulnerable as they face a city hostile to anyone who fights for their rights to life and health, a state that denies its responsibility and looks for any excuse to avoid assuming responsibility, and a company that wants to polish its reputation and use its economic power to manipulate the government. Where is the law in these cases? Where is justice? Juana explained that leaving La Oroya would be impossible for her family, because there they have work. She remains committed to achieving change with the lawsuit. But that’s not the case for everyone.  La Oroya contains thousands of stories of families whose lives were radically changed due to the city’s contamination and the subsequent damages to their health and lives. There are those who had to abandon their homes because they did not see a future in the city, and those who have been unable to leave La Oroya because their entire lives and family are there. Then there are those who have suffered painful attacks and insults from their own neighbors in a community worried about losing jobs, but who march forward with the conviction that, one day, change will come and La Oroya will be a better and fairer place for them, their children, and their grandchildren. I trust and hope that the law will deliver justice to salvage those years of waiting. [1] The name has been changed to protect the client. This blog is based on a longer article Maria José wrote on the case entitled La Oroya: A Painful Wait for Justice. It was published as Chapter 8 of DeJusticia’s book, Human Rights in Minefields: Extractive Economies, Environmental Conflicts and Social Justice in the Global South. Read the full account here.  

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Reducing Short-Lived Climate Pollutants: A life jacket in times of climate change

By Florencia Ortuzar, AIDA attorney They’re all around you – the air conditioner hanging from your neighbor’s window, the charcoal powering your grill, the black smoke pillowing out of a passing truck, even the cows dotting the fields outside town. These familiar aspects of our daily lives are just some of the sources of short-lived climate pollutants (SLCPs). When released, SLCPs warm our atmosphere. But, compared to carbon dioxide, they have a relatively short lifespan. Consequently, their effective mitigation could provide a life jacket on the troubled waters of climate change. That’s why SCLPs are worth considering as the world moves rapidly toward the new global climate accord to be signed at the 21st Conference of Parties (COP21) of the United Nations Framework Convention on Climate Change (UNFCCC). The meeting in Paris this December will be the most important in the global climate negotiations thus far. The new accord it produces could help us out of the planetary dilemma we’re currently in. The task is difficult. There have been 20 conferences of the UNFCCC so far, none of which has made substantial progress. Emissions have increased each year since the convention began, except for 2008 and 2009, when they decreased due the global economic crisis (not, notably, due to human will to survive). Sometimes, it’s hard to keep hope alive, but at AIDA, we never lose it.  What are SLCPs? These contaminants include black carbon, tropospheric ozone, methane and hydroflourocarbons (HFC). Each one of them is different, but they share two main characteristics: they are major contributors to global warming, and, once emitted, they remain in the atmosphere briefly. The second feature is the one to which we must draw attention if we seek to mitigate climate change in the short term. Unlike SLCPs, carbon dioxide (CO2) can remain in the air for centuries. That means that even if we stopped all emissions today, the CO2 emitted would continue to warm the atmosphere for a very long time.  How big of a problem are they?  The Intergovernmental Panel on Climate Change (IPCC) has estimated that SLCPs are responsible for more than 30 percent of global warming. More recent studies estimate between 40 and 45 percent. Mitigating carbon dioxide, responsible for the majority of the greenhouse effect, is essential to maintaining the climatic equilibrium of the earth in the long term. But the opportunity offered through the mitigation of SLCPs is much more immediate, and its effects could be felt in our daily lives.  Advantages of reducing SLCPs The desirability of reducing SLCPs is much greater if we consider that, in addition to heating the atmosphere, these contaminants cause other problems that directly affect human health and the natural environment. Black carbon and tropospheric ozone, for example, are the cause of millions of premature deaths each year, since they increase the risk of respiratory and heart disease. They also damage crop yields, so their control would help improve food security worldwide. What does the Convention say?  The Convention and its Kyoto Protocol do not recognize SLCPs as a concept, although the Protocol does include methane and HFCs in the greenhouse gases it seeks to combat. But this lack of recognition may change with the new climate accord.  The current agreement includes a list of specific polluting gases that States must reduce. With the new agreement, however, countries will be free to decide what to include in their gas mitigation targets. Mexico has become a notable example in this regard by unconditionally committing, through its Intended Nationally Determined Contributions (INDCs), to reduce black carbon by 51 percent by 2030. This percentage has the potential to rise to 70 percent with international assistance.  The work at hand At AIDA we work to inform governments of the measures they could take to effectively reduce short-lived climate pollutants in their countries. We advocate for the adoption of solutions whose effectiveness has already been tested in various parts of the world. We are preparing a report that reviews current regulation of these pollutants in three Latin American countries: Brazil, Chile and Mexico. We hope this report will facilitate progress towards a better approach to SLCPs in these countries. We will then continue working on this important issue in the rest of the region. You can find more information about SLCPs HERE! 

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Kemp's ridley sea turtle
Coral reefs, Oceans

Protecting Sea Turtles in the Gulf of Mexico

By Sandra Moguel Every few years, hundreds of hawksbill and kemp’s ridley turtles glide through the warm, shallow waters of the Veracruz Reef System. There they swim and feed amongst the brightly colored corals, which stretch for miles through the Gulf of Mexico. When the sun goes down, many of the females make their way back to the very beach from which they hatched, to lay the eggs of the next generation. This ritual has happened for centuries, as the migratory turtles move and feed and breed their way through the Gulf and Caribbean waters. But it’s happening less and less. As their critical habitats are threatened by reckless human activities and a changing climate, the population of hawksbill turtles in the region has declined by 95 percent, making them a critically endangered species. The hawksbill (eretmochelys imbricata) and Kemps’ ridley (lepidochelys kempii) turtles are just two of the five neotropical species of sea turtle that spend a portion of their migratory cycles along the coast of Veracruz, Mexico, and within the confines its reefs. Now, these turtles are facing a new threat – the expansion of the Port of Veracruz. To raise awareness of the risk posed to these threatened species, AIDA and the Mexican Center for Environmental Law (CEMDA) on September 22 presented a petition (in Spanish) before the Scientific Committee of the Inter-American Sea Turtle Convention (IAC), under which Mexico has obligations to protect turtles found within its borders. In the petition, we detailed the direct and indirect impacts that the expansion of the Port would have on the various turtle species and their habitat. We also mentioned that in the project’s environmental impact statement, the Veraruz Port Authority stated that the port expansion “will never have a direct effect on protected species.” They therefore failed to present protection measures for sea turtles, particularly the hawksbill, which is listed as threatened under both the Sea Turtle Convention and Mexican law. Our petition before the IAC requests they take measures to understand the threat and urge Mexico to act, including: conduct an investigation on the impacts the port expansion would have on the turtles and their habitat; conduct a site visit; make recommendations for the protection of the species and their habitat; and urge the Mexican government to apply precautionary measures while evaluating potential environmental impacts on the turtles. Also on September 22, alongside CEMDA, we delivered more than 36,000 signatures from a citizens’ petition urging the Secretariat of Environment & Natural Resources to revoke the environmental authorization granted for the Port’s expansion. The petition argues that the expansion project would put in danger two of Mexico’s natural treasures – the Veracruz Reef System and Los Tuxtlas Reserve, a natural protected area from which basaltic rock for the construction would be extracted. The permit has been approved without considering the severe environmental impacts it would have on the unique ecosystems of the region and the creatures that call them home. The Mexican government has thus violated national and international obligations to conserve biodiversity and protect its natural heritage. As long as the Port of Veracruz expansion project threatens sensitive species and ecosystems, we will continue to advocate through national and international bodies to stop it.  Thank you for supporting our work to defend the health and biodiversity of the Veracruz Reef System!

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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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6 Things You Should Know About The Paris Climate Talks

Across Latin America, and the world, communities are facing the severe effects of a changing climate. As floods destroy ancestral homes, and droughts threaten livelihoods, the urgency with which world leaders must act is becoming increasingly apparent. It is in this critical global climate that world leaders will meet this December in Paris for a pivotal meeting of the United Nations Framework Convention for Climate Change (UNFCCC), also known as COP21. The conference is expected to produce a new global agreement on climate change, which we hope will set the stage for the transition to a low carbon, climate resilient economy. AIDA’s lead Climate Change attorney Andrea Rodríguez has been monitoring key elements of the ongoing climate negotiations and bringing information and analysis to policy makers and NGOs throughout the Americas. To prepare you for the barrage of news that will come out of COP21, we’ve asked Rodríguez some questions we thought you’d like to know the answers to: What is the COP21? The meeting in Paris will be the 21st yearly session of the Conference of Parties to the global climate change convention, also known as the UNFCCC. World leaders will convene in Paris with the goal of signing a new global agreement on climate change. The primary goal of the agreement will be to reduce greenhouse gas emissions and limit global temperature increase to 2° C above pre-industrial levels, so we can adapt to the new changes in climate. Why is the conference so important? Climate change is a global problem that requires global solutions. No matter what governments do, if they don’t work together and take collaborative actions, we are never going to succeed at providing an effective solution. That’s why a global space that coordinates what countries do to tackle the problem is crucial for finding a way forward. The global treaty on climate change has been established for more than 20 years. What we need from COP21 is further guidance to ensure its effective implementation. If we don’t provide clarity on exactly how we’re going to achieve reduced emissions in a timely manner, we’re putting at risk the future of the planet. What are the key issues AIDA is following? AIDA is following two key components in the development of the new climate accord: climate finance and the protection of human rights in climate related activities. Climate finance entails providing money for developing countries—which are generally the least responsible for and the most impacted by climate change—to implement climate related actions effectively. COP21 needs to provide clarity on the specifics of that support—when and how will it arrive, and where will the money come from? A baseline of $100 billion per year by 2020 has already been agreed upon. But how do we make sure that goal is reached, and that is continues to grow?  And, once resources are distributed, there must be mechanisms in place to ensure those resources are used properly and effectively. AIDA is pushing governments to incorporate human rights protections into the agreement, because climate change directly affects human rights. We need to create a broad consciousness of the human rights dimensions of climate change. That includes incorporating specific language to ensure the protection of human rights in all climate actions. When governments or institutions are planning climate-focused projects, programs, plans and strategies, they must also think about how those projects will affect people and the realization of their human rights. What will the agreement mean for governments? Governments of the world need to start looking within. They must do an internal analysis to see what they have, and what they need, to ensure they can strategically implement the agreement. In order for a nation to commit to taking action, it must first make sure it has the institutional capacity and the means to succeed. What will it mean for the average person? The climate agreement is a political commitment, but it will certainly have repercussions at the local level. It will influence national policies. If leaders create an effective agreement, you will see your government shifting to low-emission, climate-resilient development. There will be better local regulations, and you will begin to see policy improvements, and eventually more climate resilient actions taken in your own communities. You will be less vulnerable to the effects of climate change. How can the average person engage on this issue? You can begin by demanding more of your government. Climate change is a political fight, and your voice can help influence outcomes. Learn what your government wants and what their expectations are—you can start now by familiarizing yourself with their INDC. Then get organized and push your government to take a more proactive stance. Familiarize yourself with climate finance, follow the negotiations, and help inform others by sharing our work. It is our duty as citizens to hold our governments responsible, and to do our part to protect and defend this beautiful planet as best we can. 

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Climate Change, Human Rights

Rights of the Environment: The Pope is on our Side

In his speech before the United Nations today in New York, Pope Francis argued passionately in defense of the environment, proclaiming that the natural world should have the same rights and protection as humanity. The Pope insisted on the “rights of the environment” because, according to His Holiness: We human beings are part of the environment. We live in communion with it, since the environment itself entails ethical limits which human actions must acknowledge and respect (…) Any harm done to the environment, therefore, is harm done to humanity… In all religions, the environment is a fundmental good. The Pope also proclaimed the fundamental nature of the fight against climate change, which requires concrete and effective actions. A decisive moment in this fight will come this December at the Paris Climate Conference, where governments from around the world will meet and commit to global actions to confront the climate crisis. The Pope declared: I’m confident that the Paris Conference on climate change will secure fundamental and effective agreements.  During the UN General Assembly, before leaders and representatives of the people of the world, the Pope added: Our world demands of all government leaders a will that is effective, practical and constant, concrete steps and immediate measures for preserving and improving the natural environment.  This speech is a milestone in the struggle for the defense of the environment and against climate change. It’s yet another push to continue fighting every day for the preservation of biodiversity, ecosystems, freshwater, and the balance of life on this planet, this marvellous creation that we humans share with so many other forms of life. At AIDA we strive every day to defend the right to a healthy environment in the Americas, and in our Climate Change program we monitor and support the negotiations to reach a new global climate accord. As long as humanity and the environment suffer at the hand of irresponsible development, we will continue to fight in defense of the environment. 

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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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