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Photo: Maíra Irigaray / Amazon WatchHolding Brazil accountable for the Belo Monte Dam
When fully operational, Belo Monte will be the third-largest dam in the world, constructed in one of the most important ecosystems on the planet: the Amazon rainforest. It sits on the Xingu River in Pará, a state in northern Brazil. The reservoir will cover 500 square kilometers of forest and farmland—an area the size of Chicago.
For the people of the Xingu, construction of Belo Monte has meant loss of access to water, food, housing, work and transportation. At least 20,000 people have been displaced.
The government and construction consortium began to construct the dam without first consulting the people of the region, many of whom are indigenous. They flouted international human rights law, which requires the free, prior and informed consent of affected indigenous communities. Brazil also failed to comply with precautionary measures issued by the Inter-American Human Rights Commission, which were intended to protect the life, health, and integrity of local communities.
Though Belo Monte began operations in May 2016, it is not yet operating at full capacity. In April 2016, a federal court suspended the dam's operating license because the consortium in charge did not complete basic sanitation works in Altamira, the city nearest to and most affected by the dam.
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Right to a healthy environment global coalition wins UN Human Rights Prize
Manila (PHP), Geneva (CH), Casablanca (MAR), New York (US), Mexico City (MX), Buenos Aires (ARG) — Today, the Global Coalition of Civil Society, Indigenous Peoples, Social Movements, and Local Communities for the Universal Recognition of the Human Right to a Clean, Healthy, and Sustainable Environment was recognized as one of the recipients of the prestigious 2023 United Nations Human Rights Prize. The coalition is awarded for its essential role in advocating for the recognition of the right to a healthy environment by the UN General Assembly (UNGA) in July 2022. The UN Human Rights Prize is awarded once every five years to several recipients at a time. This year is the first time that it has been granted to a global coalition. The prize will be presented in New York on December 10, which also marks the 75th anniversary of the Universal Declaration of Human Rights, making this recognition even more special. This achievement was only possible thanks to tireless efforts that began decades ago and resulted in thousands of people from all across the globe joining forces to achieve a milestone: the recognition by the United Nations of the human right to a clean, healthy, and sustainable environment. First and foremost, the award highlights the importance of collaborating to advance the much-needed protection of our planet and fulfillment of human rights. Alone, no organization, movement, or person would have been able to achieve the universal recognition of the right to a healthy environment. Together, a diverse global coalition made this a reality. Furthermore, the prize recognizes the need to protect participatory spaces for everyone. As civic spaces are worryingly shrinking and many human rights and environmental defenders are under attack worldwide, the award sends a strong reminder: It is essential to respect and strengthen spaces for participation and collaboration. The protection of civic spaces and the respect and support for all human rights defenders is essential for the effective implementation of this newly recognized right. The right also is an integral component of environmental justice and democracy and provides a seamless path to protecting the rights of future generations. This announcement arrives just a few days ahead of the July 28 anniversary of the UNGA’s recognition of the human right to a clean, healthy, and sustainable environment. Since then, millions have continued to experience the cumulative and accelerating impacts of the triple planetary crisis of biodiversity loss, climate change, and pollution, exacerbated by systemic inequalities, that is contributing to ongoing violations of the right to a healthy environment around the world. This prize emphasizes that today more than ever, States must make this right a reality. It is both a recognition and a call to action for governments, businesses, institutions, and people worldwide to ensure that the right to a clean, healthy, and sustainable environment is effectively guaranteed and legally protected so that it can be enjoyed by all. Read the reactions from the members of the coalition here. press contact: Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107
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Climate finance: Questions and answers
The climate crisis knows no borders. It impacts people, ecosystems and species around the world. Addressing this global crisis requires profound and innovative transformations in all facets of human life: the production of energy, food and other goods; the design and construction of infrastructure; the use and management of terrestrial, marine and freshwater habitats; the transport of people and products; and more. These systemic changes demand financial resources and sound investments. This is why we hear time and again that addressing the climate crisis is costly and requires financing. Climate finance is a complicated topic, and so we offer you a glimpse of the basics. What do we mean by climate finance? The United Nations Framework Convention on Climate Change (UNFCCC) describes climate finance as the type of local, national or transnational finance used to support and implement climate change mitigation and adaptation actions with financial resources from public, private and alternative sources. These resources are defined as "new and additional" and cannot include those previously committed, for example, for official development assistance. To better understand this definition, we can point out that climate finance is captured and used to reduce greenhouse gas (GHG) emissions and enhance carbon sinks, or seeks to reduce vulnerability, as well as to maintain and increase the resilience of human and ecological systems to the negative effects of the climate crisis. Why is climate finance important? To echo UN Climate Change Executive Secretary Simon Stiell's message at the Sustainable Investment Forum, "We cannot achieve our climate goals without finance. Whether we are talking about transitioning to renewable energy, improving energy efficiency or protecting vulnerable communities from the effects of climate change, all of these efforts require significant investment." Climate finance impacts everything from national policies to changes occurring at the local level that make a concrete difference in people's lives. "Climate finance is ultimately about what we as societies value: the world we want to live in and the lives and hardships we can save by channeling our money into building resilience to the ravages of climate change," Stiell said in his speech. Financing by and for whom? The impacts of the climate crisis are inversely proportional to the weight of responsibility, in that the countries historically responsible for the highest levels of GHG emissions are often the least affected. This is why the UNFCCC advocates that developed countries, those with the most economic resources, should financially assist the least developed and most vulnerable countries. This is what the principle of "common but differentiated responsibilities and respective capabilities" established in the Convention is all about. On the other hand, the Paris Agreement—a legally binding international treaty in force since November 2016—reaffirms the obligation of developed countries in addition to promoting, for the first time, voluntary contributions from other States. It further provides that developed countries should continue to take the lead in mobilizing climate finance from a wide variety of sources, instruments and channels, taking into account the important role of public funds, as well as the needs and priorities of developing countries. It’s key to note that this mobilization of finance should represent a progression from previous efforts. What climate finance mechanisms exist? Under the UNFCCC, there are three main mechanisms for climate finance to reach nations, created for different purposes and with different scopes: Global Environment Facility (GEF): Grants financial resources to developing countries or countries with economies in transition to meet the objectives of international environmental conventions and agreements. It also manages the Special Climate Change Fund and the Least Developed Countries Fund. Adaptation Fund: Created as a financial instrument for adaptation and resilience in those countries that are part of the Kyoto Protocol. Green Climate Fund (GCF): Created with the objective of financing mitigation and adaptation programs and projects aimed at low-emission and climate-resilient development. It is the main multilateral climate finance entity worldwide. How much financing do we need? In the framework of the UN climate negotiations in 2009, developed countries committed to transfer $100 billion per year to developing countries by 2020 (target extended to 2025 in the Paris Agreement). But this amount has not been achieved. For example, in 2016 they only reached $58.5 billion and, although the amount increased significantly for 2019, they only reached $79.6 billion. In that sense, to meet the goal of net zero emissions by 2050, the Climate Policy Initiative organization estimates that global financing of $4.35 trillion is needed by 2030 (when the 2020 estimate was only $632 billion dollars). What are the main challenges of climate finance today? The main challenge, as we have seen, is the need for a substantial increase in the flow of finance. Another key challenge is to measure and track this type of finance, which is not subject to a common universal definition. Along the same lines, given that developed countries’ commitment to the UN does not include official guidelines on what activities count as climate finance, it’s difficult to ensure that money is not double-counted or that it goes to efforts that will actually help reduce global warming and its impacts. There is also the need to balance the allocation of funds more equitably between mitigation and adaptation activities, as well as those related to loss and damage already suffered by communities around the world. In 2020, 90 percent of global funding went to mitigation, while only 7 percent to adaptation projects and 3 percent to dual activities. On the other hand, it’s important that the financing channeled does not result in human or environmental impacts, as often happens when there are large investments in which adequate consultation and participation processes are not implemented. An energy project, however renewable and clean it may be, can accentuate inequalities and vulnerabilities if it is poorly planned or if it is designed without the participation of local communities. Finally, it should be considered that, although a lot of money is allocated to address the climate crisis, at the same time, businesses that promote dependence on fossil fuels, and that keep us in a predatory and unjust economic system that perpetuates extractivism as a mode of development, continue to increase around the world. This, of course, counteracts the progress we can make in favor of the environment and communities. What is clear is that a specific annual amount of climate finance is not enough; what we really need at this point is that all the money mobilized contributes to the regeneration of the planet and to resolving the environmental and climate crisis, not exacerbating it. At AIDA we monitor the climate finance coming to the region because we understand how important it is to increase the possibilities of building a future where we can live well and in harmony with the environment. We also understand that the problems often caused by poorly designed financing are due to a lack of connection between the territories that suffer the impacts of the climate crisis, and the decision-making spaces where projects are proposed to overcome them. In this sense, AIDA seeks to build a bridge between these two worlds, motivating organizations in the region to be active, to follow up on projects and to participate in decisions. Only in this way can we ensure that scarce climate funds not only exist, but also reach their full potential towards the paradigm shift we all need. Join the "Observatory of the Green Climate Fund for Latin America and the Caribbean", a joint effort to better monitor the world's largest climate fund.
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The dilemmas of a just energy transition
Humanity has an urgent task ahead: to transform energy systems without continuing to fill the atmosphere with warming gasses and pollutants. This is a fact proven by science. Failure to do so means that our planet will no longer be a safe haven for the the many species that call it home. The problem is that the necessary transition is far from simple. In addition to the difficulty of cutting dependence on the fossil fuels that have dominated for centuries, it turns out that not just any transition will do. It’s not just a matter of stopping to burn these fuels, we must also consider other ways to leave behind the development model that has for centuries been separating humanity into winners and losers, while violating human rights. What is a JUST transition? There is currently no single concept of what it means for the energy transition to be just. At AIDA, we believe that to be just, the transition must be equitable and inclusive, recognizing that the impacts of climate change and the necessary transition are not evenly distributed. Thus, certain groups—such as those working in traditional energy sectors and/or marginalized communities—may be disproportionately affected. To get a glimpse of the problem, it’s worth understanding that humanity today is suffering from a myriad of crises that affect the lives and well being of people, especially those in the most vulnerable conditions. These crises include the climate emergency, pollution, biodiversity loss, global pandemics and democratic crises. And at the heart of it all is social inequality, that widening gap between rich and poor that generates disparities in all aspects of life, including access to health, education and economic opportunities. These crises are interconnected and mutually reinforcing. Responses to one can help solve others, but they can also aggravate them. For example, when transitioning to clean energy sources not only helps combat climate change, but also reduces air pollution and improves public health, we are solving two problems in one. An example in the opposite direction occurs when a rapid and unchecked transition to electric mobility results in the aggressive extraction of rare minerals such as lithium, which comes from fragile ecosystems on which local communities depend. Where do we start? To ensure a just transition, we must be guided by the principles of justice, equity and inclusion, and ensure that the most vulnerable populations are not disproportionately affected. As Naomi Klein said in her book This Changes Everything, to address the climate crisis we must understand that climate change is not only an environmental, but also a human rights issue. A just energy transition requires not only ending the burning of fossil fuels, but also addressing economic inequality, including a gender perspective, strengthening social safety nets, protecting workers' rights, respecting the rights of indigenous peoples, empowering communities to participate in decisions that affect their lives, and making reparations to those who have been affected by the current economic and energy model. What role can litigation play? Litigation is already moving in step with the dilemmas of the energy transition. We have seen an increase in lawsuits that appear to go against the energy transition, such as those challenging renewable energy generation projects, or pro-transition regulations, or otherwise hindering the transition. But can it be said that these are always "regressive" lawsuits? A lawsuit to challenge the environmental permitting of a wind generation venture might be blocking the transition, but it is not necessarily regressive. If it is a mega-project, for example, owned by a transnational company that will export all the energy generated without benefiting local communities, and if it intends to be located on indigenous lands without local participation, then it is a project aimed at an "unjust transition" that does not serve us because it reinforces the same model, the one that has us so badly on track. The report Litigation for a Just Transition in Latin America, published in January 2023 by the Sabin Center for Climate Change Law at Columbia University, and translated into Spanish by AIDA, refers to this type of case. The report questions the purpose of just transition litigation, asking whether it promotes or obstructs an energy and climate-resilient transition. In this regard, the authors conclude that just transition litigation cannot be fully characterized as regressive or non-regressive in relation to the transition. As such, they consider that just transition litigation should be seen and understood as a new category of climate litigation, with its own diverse rationale. The issue allows us to reflect on the complexity of the longed-for transition. Faced with this type of dilemma, in AIDA we generally choose to analyze each case, without marrying a dogmatic position. But a constant and, in this sense, valuable starting point is that everything that is carried out in favor of the energy transition—whether projects, policies or actions—must have a strong and decisive focus on the environment, human rights and gender. Without that there is no justice; and without justice there is no remedy or solution. So we believe that litigation does have a role to play, not only in making the transition happen, but also in making it just.
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