Colombia

Fernanda Núñez Espinosa

María José González-Bernat

Liliana Ávila

Juana Hofman

Andrés Ángel

Carlos Lozano Acosta

The Amazon: The complexities and challenges of its protection

By Vania Albarracín and José David Castilla* Protecting the Amazon is one of the region's greatest challenges. Facing it requires coordination and cooperation between states, peoples and organizations. In this context, the Pan-Amazonian Social Forum (FOSPA) was born out of the need to think about the Pan-Amazonian region - a region made up of the countries that have jurisdiction or territory in the Amazon basin, and/or have jungle coverage, and/or are part of the Amazon Cooperation Treaty (TCA) - in all its complexity. FOSPA is a regional space for articulation, reflection and exchange between indigenous peoples, social movements and civil society from Bolivia, Brazil, Colombia, Ecuador, Guyana, French Guiana, Peru, Venezuela and Suriname. The reason why so many actors have come together around the Amazon is that it is a mega-diverse ecosystem and a global climate stabilizer, containing more than 13% of all known plant and animal species and releasing 6,600 km³ of freshwater annually into the Atlantic Ocean, representing between 16 and 20% of global runoff. It is therefore essential to consider the interconnections and interdependencies between the Amazon and other ecosystems in the region. Marine-coastal ecosystems, Andean wetlands, mountain ranges and forests are interconnected throughout the continent and should be recognized as part of a comprehensive conservation strategy. The Amazon region is facing serious problems of deforestation and ecosystem degradation, which have led to warnings of reaching the so-called point of no return. This refers to the loss of the ecological balance and climatic functions of the Amazon, which would have incalculable negative global repercussions. FOSPA holds biannual meetings in different cities and sub-regions of the Amazon to discuss the violations of human, environmental, territorial and natural rights that afflict the region, as well as to propose alternatives that come from the local communities and indigenous peoples that inhabit the region. The eleventh version of FOSPA was held from June 12 to 15 in the cities of Rurrenabaque and San Buenaventura, in the Amazon region of Bolivia. The meeting resulted in a joint declaration in defense of life, peoples and nature. AIDA participated in the meeting and we share below our assessment of the main agreements, the gaps in their implementation and what is missing to ensure the protection of the Amazon.   The agreements 1. Mining threats The threats posed by mining to the Amazon region can be seen in two key issues: the promotion and impact of new extractivism (such as copper mining) and mercury contamination from gold mining. The meeting highlighted the need to ban the global trade of mercury and to develop multinational strategies to combat its use in gold mining, in accordance with the Minamata Convention. In addition, a biocultural approach to assessing the impacts of mining was advocated, recognizing the interrelationship between biodiversity and indigenous cultures, the fundamental role of women in preserving and reproducing life, and the participation of civil society in decision-making spaces, ensuring transparency and full disclosure.   2. An Amazon free of extractivism One of the main concerns of the communities, peoples and organizations that participated in the meeting is the presence of different types of extractivism in the Amazon region. They recognized that their rights are violated and threatened by hydrocarbon extraction and transportation projects, by the exploitation of transition minerals such as gold and copper, and by the implementation of public policies related to the energy transition. One of the most relevant proposals in this regard was to generate a multifactorial and plurinational declaration of the Amazon as a zone free of fossil fuels and mining, not only as a slogan, but as a political, social and environmental horizon for the protection of life in all its forms. This proposal must be evaluated in the context of the different tensions and social realities of the region.   3. Guarantees for a just and popular energy transition A just and popular energy transition was another relevant point of the meeting. Indigenous communities and peoples raised the need to decolonize the concept of energy transition and propose a process that comes from them, who have historically suffered the impacts of extractivism. The call was for an energy transition that remediates these impacts and restores affected ecosystems.  Achieving this goal requires responsible project closure and exit processes, as well as transition processes that incorporate the highest human rights standards and the perspectives of affected communities.    Practical gaps 1. Insufficient commitment to regional cooperation The eleventh version of the FOSPA revealed a lack of political commitment on the part of the member governments of the Amazon Cooperation Treaty Organization (ACTO), reflected in the absence of firm agreements and mechanisms for effective participation. This favors extractivist policies and weakens the protection of indigenous and environmental rights. It is essential that ACTO review and strengthen its structures to ensure that international commitments are implemented and that pan-Amazonian communities play an active and decisive role in policy formulation.   2. Exclusion of indigenous peoples and communities from the decision-making process The exclusion of indigenous peoples and indigenous Amazonian communities from decision-making processes is evident. This results in policies and agreements that do not reflect their needs and realities. A clear example of this is the Conferences of the Parties (COP) on climate change and biodiversity, where indigenous representation is not real or substantive, resulting in a failure to value their ancestral knowledge and fundamental role in biodiversity and climate protection.   3. Absence of a binding mechanism The implementation of agreements reached in forums such as FOSPA has been inadequate and, in many cases, non-existent. This has been one of the main demands of indigenous peoples and communities. Due to the non-binding nature of FOSPA and its lack of relevance to the state perspective, many of the demands remain in the realm of declarations. Although the FOSPA is essential for pan-Amazonian integration and the construction of alternatives from the territories, a joint effort is needed to strengthen its link with decision-makers, to promote the active participation of communities and to turn the forum into a platform for mobilization and action.   The road ahead The next FOSPA meeting will take place in two years, but the effective protection of the Pan-Amazon region cannot wait.   In the short term, it is necessary to take concrete actions to mitigate the impacts on the ecosystem and to adopt regional cooperation measures to ensure its integral and transboundary protection. Among other things, it is necessary and urgent: Achieve a regional consensus and design a plan to guarantee the declaration of the Amazon as a zone free of fossil fuels and all forms of extractivism. Coordinate an Andean-Amazonian and coastal articulation for the integral defense of territories, demanding concrete actions against mining with a biocultural approach. Demand regulatory frameworks for environmental and human rights due diligence in the Amazonian countries and in the countries of origin of the companies, in order to oblige them to comply with international standards in these two areas. Urge states to apply the principles of prevention and precaution and to raise their standards for projects that may affect the Amazon. Develop a mechanism for the closure and phasing out of fossil fuel extraction projects in the Amazon. Guarantee the active, representative and binding participation of Pan-Amazonian communities and peoples in international forums where decisions are made about nature, such as the next UN Conference on Biodiversity (COP16 in Colombia) and the next UN Conferences on Climate Change (COP29 in Azerbaijan and COP30 in Brazil).   *Vania Albarracín Silva is an attorney with AIDA's Ecosystems Program and José David Castilla Parra is an attorney with Human Rights and Environment Program.  

High court orders Colombian government to adopt concrete actions for climate crisis mitigation and adaptation

After evidencing that the Ministry of Environment failed to comply with climate obligations contained in the national legislation, the State Council ordered the entity to take concrete measures to meet these commitments within one year. This is the final decision in the litigation filed by various stakeholders demanding the State to include the climate impact of the coal sector in its climate crisis management.   The State Council ordered the Ministry of Environment and Sustainable Development to adopt, within one year, specific measures to mitigate and adapt to the climate crisis in order to fulfill part of the country's climate commitments. With this ruling, the High Court resolved a compliance action filed on May  of this year by a coalition of civil society organizations, think tanks and universities to require the State to include the impacts of the coal production chain in the climate policy. In the decision, the State Council acknowledges the Ministry's failure to comply with the norms to include climate impacts in projects with environmental management and control instruments, the lack of regulations regarding emissions from the coal sector, and the absence of a report and evaluation of the impact of the implementation of nature-based solutions programs and projects. Although the decision could have been more ambitious by also recognizing other alleged non-compliances that were proved in the litigation, the high court issued four fundamental orders to be complied by the Ministry of Environment: Inclusion of climate change adaptation and mitigation considerations in the environmental management and control instruments of projects, emphasizing the quantification of greenhouse gas (GHG) emissions and the contributions of environmental compensation measures to the Nationally Determined Contributions, submitted by the State to the United Nations Framework Convention on Climate Change. Adopt a national guideline for formulating, developing, monitoring, reporting and evaluating the impact of implementing nature-based solutions programs and projects. This must include climate change management, integration with an ecosystem approach, contributions to the economy, benefits to biodiversity and human communities. Determining the methodologies for calculating direct and indirect emissions that must be reported, the methods, tools, processes and periodicity of reporting on GHG emissions, and the information and documentation required for GHG inventories. Regulation of the conditions for the verification, certification and registration of GHG emissions, emission reductions and removals as well as determination of the follow-up and control procedures foreseen.   Based on the result, this litigation is the first successful case of strategic and climate litigation in the continent, as it was possible to prove that the State failed to comply to specific climate commitments, and has succeeded to order to one of the competent authorities to adopt concrete actions for appropriate climate management. The strategy employed and the precedent achieved can well be replicated in other countries in the region. The enforcement action was filed with the Administrative Court of Cundinamarca by the Interamerican Association for Environmental Defense, the José Alvear Restrepo Lawyers Collective, Censat Agua Viva, Centro de Investigación y Educación Popular, POLEN Transiciones Justas, Universidad de Magdalena and researcher Paola Yanguas. In July, the court issued the first-instance ruling in this case. In it, it issued eight orders requiring not only  the Ministry of Environment—but also the Ministry of Mines and Energy—to comply with Law 1931 of 2018 and Law 2165 of 2021, which set out the minimum actions that Colombia must take to meet its climate commitments at international level. This litigation showed that over the last six years, the government has omitted the obligations contained in these laws, particularly in relation to the climate impact caused by the coal sector. The case was subsequently referred to the State Council, whose final decision confirmed part of the ruling of the Administrative Court of Cundinamarca. As the largest coal exporter in Latin America, Colombia is obliged to include in its climate commitments the true extent of the impact of the coal sector. This was demanded by the communities of La Guajira, which have been directly affected for decades. Although these communities did not sign the litigation, they sponsored it and accompanied its presentation with traditional dance and music. press contact: Víctor Quintanilla-Sangueza (Mexico), AIDA, [email protected], +521 5570522107  

Expanding coal mining in Colombia contravenes a just energy transition

Colombia faces numerous challenges related to the just energy transition the world needs. As the main exporter of thermal coal in Latin America, one of its primary challenges is to define the future of this mineral in the country's economic and energy matrices, as well as how to align this sector with its commitments to address the global climate crisis. Certainly, the measures taken to achieve a just energy transition and meet climate commitments must respect and guarantee human rights. The State must do so with a differentiated perspective that respects the most vulnerable groups in society who are most affected by the impacts of the climate crisis and transition processes. As part of a plan to change the energy transition strategy, the current government has proposed to create a roadmap that focuses, among other things, on promoting renewable energy projects from non-conventional sources, among other initiatives. The proposal is based on four principles: equity, social and binding participation, sovereign graduality with reliability, and a principle of knowledge. Although the proposed strategy can be seen as progress towards energy transition and meeting international commitments and standards, it has some gaps: it does not focus sufficiently on fossil fuel substitution and ignores the role and impact of the coal sector in all its phases. The omission of the structural causes of the climate crisis hinders the consolidation of an energy transition, which is now a contested scenario with various claims and interests at stake. A vivid example is the department of La Guajira in the north of the country, where a high potential for renewable energy coincides with the extraction of 35% of exported coal, exacerbating the climate crisis. This has increased the region's already high climate vulnerability and aggravated human rights violations in that territory. The impacts–particularly water stress, desertification, and reduced rainfall—have been so severe that the government has declared a state of economic, social, and environmental emergency in La Guajira, where the El Niño phenomenon is expected to occur with greater intensity and duration than in previous years.   The coal sector’s role in the energy transition process Combating and addressing the climate crisis requires progress in replacing fossil fuels, as well as slowing down the expansion of their extraction and exploitation with the obvious consequence of limiting their use as much as possible. In the countries of the Global South, which are highly dependent on the extraction and commercialization of fossil fuels, the debate has begun on whether and how to move forward with the substitution process. If Colombia is to move forward in meeting its climate commitments and in the process of a just energy transition, it must halt the approval of new thermal coal mining projects, avoid the expansion of existing projects, and initiate responsible exit processes for a gradual closure of mining operations in which rights are guaranteed. The energy transition roadmap should focus on avoiding, as much as possible, human rights impacts (territorial, subsistence, and environmental) on the communities most affected by the impacts of the climate crisis. The goal is to avoid further human rights violations and a lack of protection for the territories traversed by the coal sector's production chain. The debate around the energy transition and the socio-environmental conflicts associated with coal is fully exemplified in the case of the Bruno stream, in La Guajira, with an ongoing legal process. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the company Carbones del Cerrejón (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights of access to water, health and life. The debate about the energy transition and the socio-environmental conflicts associated with coal is exemplified by Bruno Stream in La Guajira, which is the subject of a court case. It is now in the hands of the Constitutional Court to decide between the protection of a stream vital to an area of high water stress and the exploitation of its channel to expand the mine of the Carbones del Cerrejón company (owned by the multinational Glencore). What is at stake is the guarantee of the Wayúu communities' rights to access to water, health and life.   What just transition does need After analyzing the role of coal in the process of just energy transition in Colombia, it is possible to conclude that the country is not meeting its climate commitments because it has not established specific measures and actions for the coal sector in its climate policy. If Colombia wants to move forward in fossil fuel substitution, climate policy and the energy transition process cannot be separated from the monitoring and decision-making of the relevant authorities regarding specific projects in the coal sector. Climate change management and the energy transition process must recognize the claims of justice, reparation, and non-repetition raised by communities affected by years of coal extraction, such as those in the department of La Guajira. In a just energy transition scenario, progressive, participatory and inclusive processes to end mining - together with the affected communities - must be ensured, aiming to create diversification and conversion scenarios in regions with high dependence on the coal sector. Acting within this framework is desirable and possible.  

Amazon Summit: 6 proposals for preserving the Amazon through regional cooperation

The Amazon is the world's largest tropical forest, a megadiverse ecosystem, and a global climate stabilizer that plays a key role in South America's water cycle. The region is also home to hundreds of indigenous, peasant and local communities. Despite its richness and cultural importance, the Amazon is threatened by colonization and land grabbing, deforestation, fires and extractive activities, among others. Because the Amazon is shared by eight countries – Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela – and French Guiana, a French overseas department, its conservation requires a regional effort. The Amazon Cooperation Treaty (ACT), signed in 1978 by the eight Amazonian countries, promotes the sustainable development of the Amazonian territories, with an emphasis on cooperation and scientific research. In 1998, with an amendment to the Treaty, the countries created the Amazon Cooperation Treaty Organization (ACTO) to strengthen and improve the cooperation process. Today, ACTO is the only socio-environmental bloc in Latin America and the most important scenario for establishing solid regional coordination for the conservation of the Amazon biome. However, this intergovernmental organization has not yet reached its potential. On the one hand, it has encountered obstacles in generating funding, and has had to rely on international sources on several occasions. On the other hand, it has not allowed the effective participation of civil society.                     On August 8 and 9, the city of Belém do Pará in Brazil will host the Amazon Summit 2023, the fourth meeting of the Presidents of the States Parties to the ATT. Given the opportunity that this meeting offers to revitalize the ATT for the benefit of the Amazonian territories, we present below six proposals for the conservation of this ecosystem through regional cooperation.   1. Reform ACTO bodies to allow for public participation There is an urgent need to update the ACT and reinstate ACTO to ensure broad civil society participation, including in the meetings of ACTO's governing bodies and in the drafting of its Strategic Agenda for Amazon Cooperation. The minutes of such meetings should be made public. These and other measures are essential for Amazonian states to fulfill their obligations under the Escazú Agreement, a regional treaty that recognizes the public's right to access information on environmental matters.   2. Promote involvement, dialogue and coordination with Amazonian populations The indigenous, peasant and local communities that inhabit the Amazon have played a fundamental role in its protection. For millennia, their knowledge has enabled its conservation. Therefore, efforts to conserve this ecosystem must begin by recognizing, valuing and protecting these ancestral knowledge systems, promoting their participation in decision-making, and guaranteeing their rights in accordance with international human rights frameworks.   3. Protecting environmental defenders in the Amazon Four of the Amazonian countries – Brazil, Colombia, Ecuador and Peru – are among the countries with the highest risks for environmental and territorial defenders, especially indigenous and peasant women defenders. Despite this, ACTO currently has no strategy to address this serious situation. The organization must guarantee environmental defenders a safe and conducive environment for their work, a task that should include a program for the protection of women defenders in the Amazon.   4. Effectively fight the use of mercury in gold mining The use of mercury in small-scale gold mining is devastating to communities and ecosystems in the Amazon. At the regional level, ACTO should adopt a resolution or program to address this issue directly. And at the international level, member states should act as a bloc to push for amendments to the Minamata Convention on Mercury so that the treaty prohibits the marketing of the heavy metal and its use in small-scale gold mining.   5. Promote compliance with international environmental agreements Based on a regional strategy for the recognition of international environmental law to protect the Amazon and its people, ACTO should advise States Parties on compliance with environmental treaties such as the Convention on Biological Diversity. It should also assist States in the inclusion of threatened sites, knowledge systems, traditions and cultural expressions of peasant communities and indigenous peoples on lists of priority international attention and support, such as UNESCO Biosphere Reserves and Intangible Cultural Heritage, and Wetlands of International Importance under the Ramsar Convention on Wetlands.   6. Promote a different vision of development for the Amazon ACTO should promote a vision of development that considers communities and addresses the problems of deforestation, fires and the expansion of the extractive frontier through international integration. It should also articulate regional efforts to stop the expansion of the oil frontier and advocate for the establishment of a moratorium on fossil fuel extraction in the Amazon. In addition, it should promote legal reforms that discourage the expansion of illegal mining and its impacts.   Looking to the future The Amazon rainforest and the potential for regional cooperation to conserve it are at a critical juncture. The point of no return for the Amazon, the point at which the rate of deforestation nullifies its capacity to regenerate, is no longer a future scenario. But at the same time, after several years of little action within ACTO, this year's Amazon Summit and the reactivation of the Amazon Parliament in 2022 renew hope for regional cooperation to conserve the Amazon. In the same vein, the presidents of Brazil and Colombia recently announced their goals to reduce illegal deforestation in the Amazon by 2030. Given the current threats to the Amazon and ACTO's mandate to promote regional cooperation, its member states should seize this moment to provide the organization with more regular and permanent funding. This is necessary to implement effective long-term programs and, in particular, the above-mentioned proposals. Civil society should also take full advantage of opportunities for advocacy with ACTO and its bodies, including participation in the Amazon Dialogues that will take place from August 4 to 6 as a prelude to the Summit. Joint regional and transboundary efforts are powerful enough to save a vital ecosystem for the region and the world.