Latin America

Offering communities scientific support to stop mining’s damages

Renewing AIDA’s Board of Directors

We proudly welcome the new members of our Board: Xavier Martínez Esponda, Monica Roa and Manuel Pulgar-Vidal. All three are outstanding legal professionals dedicated to the defense of the environment and human rights in Latin America. AIDA’s Board of Directors has been renewed following internal elections, with the incorporation of three new members for the next period of three years. We’re honored to welcome: Xavier Martínez Esponda, a prominent Mexican attorney and Technical Operating Director of the Mexican Center for Environmental Law (CEMDA); Monica Roa, an accomplished Colombian attorney and defender of women’s rights; and Manuel Pulgar-Vidal, a renowned Peruvian environmental attorney, former Minister of Environment of Peru and current leader of the Climate and Energy Practice at WWF International. Manuel Pulgar-Vidal is returning to AIDA’s Board of Directors, which he chaired for eight years after helping to found the organization in 1998. The Board is currently chaired by Manolo Morales of Ecuador, Executive Director of the ECOLEX Management and Environmental Law Corporation. It has as Vice President, Jerónimo Rodríguez of Colombia, Sub-director of Natural Wealth Program at Chemonics International; as Chief Financial Officer, Martin Wagner of the United States, Director of the International Program at Earthjustice; and as Secretary, Margot Venton of Canada, attorney at Ecojustice. Other members include Rafael González of Costa Rica, President of Justice for Nature (JPN) and Pedro Solano of Peru, Executive Director of the Peruvian Society for Environmental Law (SPDA). AIDA is the only regional organization of Latin American experts providing free legal and technical support in defense of the environment and human rights in the Americas. We are constantly seeking new ways to strength the organization, including through the important roles of our Board members.  

Why we work to protect human rights in Latin America

The attorneys who make up AIDA’s Human Rights and the Environment Program work to protect people and communities whose rights have been violated or are at risk from the degradation of their natural environment. They know that there is an undeniable connection between the full enjoyment of human rights and a healthy environment. Here’s why they do what they do: “I DO IT BECAUSE IT’S IN MY BLOOD.” Astrid Puentes, AIDA Co-Director “I work in defense of the environment and human rights because they are essential aspects of life, and they are linked. I do it because it’s in my blood: my father was a farmer, my grandparents and great-grandparents too. Part of my connection with nature comes from my family; it’s my inheritance.  I’ve always wanted to contribute to making the world better, particularly in my home country of Colombia, which has so many natural resources but also so much social injustice. I dedicated my career as an attorney to helping make my country a better place. When I became a mother, that motivation only grew, and now I feel a great responsibility to do everything I can so that my children will have a better planet.” Early in her career, Astrid helped stop a proposal by the Colombian and United States governments to spray a transgenic fungus on the Amazon, which would have seriously damaged a vital ecosystem that many people depend on. It was the first successful case in which Astrid was directly involved. “I DEFEND HUMAN RIGHTS BECAUSE I BELIEVE THAT DIGNITY AND EQUALITY ARE INALIENABLE RIGHTS.” Liliana Ávila, Senior Attorney “I defend human rights because I believe that dignity and equality are inalienable rights. I believe in the value of differences and in the struggles of those who have not known their rights. These convictions have made me feel indignation, shame, and rage for the way rights human rights have been infringed upon in my country — Colombia — as well as in Latin America and the world at large. I defend human rights because, for me, they are the realization of the human aspiration to build a more just world.”   Last May, Liliana was moved by the story of an indigenous woman in Guatemala whose community depended on a nearby river, which was suffering water shortages due to the construction of a dam. With the water from that river, the woman watered flowers in her garden, which brought her happiness when life made her sad. That story filled Liliana with hope because she knew that, though her work, she could help keep those flowers blooming.  “MY GREATEST MOTIVATION COMES FROM MY AWARENESS OF INEQUALITY AND INJUSTICE.” Daniel Iglesias, Fellow “My greatest motivation comes from my awareness of the inequality and injustice that characterize the modern world, in large part due to the effects of global capitalism. It is our responsibility to fight to eliminate those inequalities. Defending human rights through solidarity and by denouncing injustice is a fundamental way to achieve that goal.”   As a human rights attorney, Daniel come face-to-face with injustices such as indigenous communities being stripped of their land, people deprived of their freedom of expression, and those who have been affected by the damages caused by extractive industries. Those experiences inform Daniel’s work with AIDA in Mexico, and feed his desire to continue working for social and environmental justice in the region. “I GREW UP knowing I HAD RIGHTS.” Marcella Ribeiro, Legal Advisor “I grew up knowing I had rights. I knew I would never lack food or water and that the beach in front of my house in Brazil would never be polluted because I had the right to a healthy environment. But when I learned that people living in favelas and those affected by droughts didn’t know they had rights, and didn’t organize to claim them, I decided to devote myself to fighting so their voices are heard and their humanity is recognized.”   Marcela worked in Brazil’s favelas educating residents about their human rights. Since then, she has understood that social justice will always be possible as long as people are allowed to enjoy their social, cultural, economic and environmental rights.   

Statement on the United States’ departure from the UN Human Rights Council

Today AIDA, as an organization that works to protect the right to a healthy environment in the Americas, released the following statement after the United States decided to withdraw from the United Nations Human Rights Council: We consider it a worrying and unfortunate maneuver that could isolate the United States from the international community and weaken its ability to positively influence human rights protection around the world. This decision sends a negative message, especially to countries with serious human rights situations, about which the United States has expressed concern. From our perspective, this decision shows that the administration has also ignored the thousands of people and organizations in the United States that have spoken out against internal policies, including those involving the separation of migrant families and climate change. It’s important to bear in mind that, despite their departure from the Council, the human rights situation in the United States may continue to be evaluated by that body, as it is for other nations that participate in the U.N. Faced with this decision, we urge other States to respond by demonstrating their leadership to ensure the effective protection of human rights globally. The importance of human rights isn’t about a political perspective, isn’t about a party, is about decency and humanity. PRESS CONTACT: Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107  

To keep corals healthy, we must protect herbivorous fish

We all know coral reefs are fragile environments, highly vulnerable to climate change and pollution. But did you know they also had to compete for light and oxygen with the tiny macro-algae that cover their surface? That’s why some of corals' best friends are herbivorous fish—species like parrotfish and surgeonfish that feed on algae, helping to keep corals healthy. But in the Caribbean, unsustainable fishing practices are causing a decline in populations of parrotfish (and other herbivorous fish), putting the health of corals at risk. That’s why, in AIDA’s marine program, we’re launching a large-scale project dedicated to the conservation of herbivorous fish throughout Latin America—focused on the nations of Colombia, Costa Rica, Guatemala, Honduras, Mexico and Panama. Herbivorous fish conservation  The parrotfish is one of the most important fish living in coral reefs. They spend most of the day nibbling on corals, cleaning algae from their surface. They also eat dead corals—those bits and pieces that protrude from the reef—and later excrete them as white sand. A key element to maintaining sustainable fisheries is catching only adult fish—those that have already matured and reproduced. But in the Caribbean right now, people are fishing juvenile parrotfish. Though not a commercial species, parrotfish are being captured because they’re some of the only fish left in the reef. The irresponsible nature of commercial fishing in the region has caused a drastic decline in both commercial and herbivorous fish. “A key element of maintaining a sustainable fishery is catching only adult fish, which have already matured and reproduced. But what’s happening in the Caribbean is the fishing of young parrotfish,” explained Magie Rodríguez, AIDA marine attorney. Most fishing is done with gillnets and hooks, which cause high levels of by-catch—unwanted populations of marine species caught in commercial fishing. Harpoons and traps are also used, which prevent younger, smaller fish from escaping and continuing their life cycle. Surgeonfish and damselfish are two other herbivorous fish—both small and quite beautiful—falling victim to irresponsible fishing practices. Their popularity in tropical home aquariums has led to a decline in their wild populations. Remember Dory, from Finding Nemo? She was a surgeonfish, and the movie’s popularity led to an increased demand for her species in aquariums. What the movie didn’t tell you is that the surgeonfish’s small, sharp teeth are highly adept at chewing algae, preventing the plantlife from essentially choking coral reefs of oxygen and light. Conservation strategies  AIDA’s project for the conservation of herbivorous fish in the Caribbean is in its initial phases. Our objective is the implementation of diverse strategies, across the six Latin American nations, to protect these fish and, by extension, the reefs they call home. “To restore the balance of the coral ecosystem, it’s necessary to achieve the recovery not just of herbivorous fish populations, but also of commercial species,” Rodríguez said. So we’re talking not just about fishing bans, but also about the general adoption of sustainable fishing tools that take into account the tourism potential of coral reefs. The project will also contemplate adequate wastewater management strategies, consumer education, and collaboration between governments, NGOs, universities and scientists. Corals are, among other things, a source of economic income and food for coastal communities that live from fishing and tourism. Plus, they are natural barriers against storms and hurricanes. “Corals do a lot for us and we have to take care of them,” Rodríguez added. “We’ve come to find that the best thing we can do to keep corals healthy is to protect the herbivorous fish that call them home.”

Women, water and life: the vital connection

As a woman and an environmental defender, I find it necessary to commemorate the role of women in the protection of our natural heritage. I feel a special pull toward making visible the links between environmental defense, courage, and gender.  Women are the first victims of environmental deterioration, but they’re also the greatest protagonists in the defense and conservation of nature.  Although it may seem like women and the environment are two different topics, there are subtle—but strong—links between the two, particularly when it comes to water. Women have an important relationship with water—they are both sources of life and fundamental to existence. It’s not surprising, then, that women can often be seen leading struggles in defense of water, especially within indigenous and rural populations. Joan Martínez Alier, professor of economics at the Autonomous University of Barcelona and an expert in political ecology, explained to Agencia EFE that often, socio-environmental conflicts involving mining or the privatization of water directly affect the survival of communities and, for that reason, women act in defense of water as they would in defense of their land or their family: bravely and completely. Little is known, however, about the knowledge and experience of women in water management. In many cases, especially in the Global South, the administration of water resources, as well as the elaboration and implementation of related policies, doesn’t take into account gender roles and lacks a differentiated approach. In rural Colombia, for example, women bring water to their homes from rivers or springs, boil it for use in the kitchen, and care for it. Despite their central role, they are not consulted when decisions are made locally or nationally about the water supply. It’s necessary to bring visibility to the role women play in water management, give equal recognition to the interests of men and women, and promote equal access to decision-making spaces. Only in that way can we advance towards greater equality. It’s important to remember that Latin America is one of the most dangerous regions in the world to be an environmental defender, and more dangerous still for women. Many women, who fight silently from their communities or from their leadership roles, have suffered the violence and injustice that comes with defending what is theirs. I must take a moment now to remember and honor Berta Cáceres, the indigenous activist and leader of the Civil Council of Popular and Indigenous Organizations of Honduras (COPINH), who dedicated her life to the defense of the Gualcarque River. Berta was murdered in March 2016, after years of threats stemming from her opposition of the Agua Zarca Dam. She may be gone, but her spirit, and her commitment to justice, is still very much alive. I’d also like to mention my colleagues, courageous friends, and allies who through their struggles are shaping a more just and equitable world. They believe, with all their hearts, that gender justice comes hand-in-hand with environmental justice. In our current reality, equality, more than a starting point, is a goal we must work towards. Concrete actions are needed to counterbalance the discrimination that affects us all. That’s why it is fundamental to incorporate the gender approach in any plan, program, project or mechanism of public administration. As the World Bank mentions in a 2002 report, the way to ensure both men and women benefit more equitably from policies is to make their needs and experiences an integral part of them. Life depends on women, as it does on water. That’s why we proudly act as stubborn defenders of not just water, but of all natural resources and of those who depend on them. Although not always visible, our struggle is as present as the water that travels in so many ways across our planet. It’s important that we come together in support of one another—in our victories and our defeats. May we continue sharing our fears and our fights and, above all else, may we never abandon the defense of our territory—because it defines us and to it we owe everything. I’ve always thought that water has the face of a woman. Every day now, I see it more clearly.  

Inter-American Court establishes historic precedent for the protection of human rights in the Americas

In response to a consultation made by Colombia, the Court recognized the right to a healthy environment as fundamental to human existence. They also recognized the impact of climate change on human rights. At AIDA we celebrate this decision, which strengthens the obligations of States to protect the natural environment and those who depend on it.  The Inter-American Court of Human Rights established a historic precedent for the protection of the people of the Americas in its response (Advisory Opinion) to Colombia’s consultation on the scope of States’ obligations to protect human rights from damages to the marine environment in the Greater Caribbean region. “We celebrate this decision, which will undoubtedly serve as a global example and a fundamental legal tool for those of us who work for environmental and climate justice,” said Astrid Puentes Riaño, co-executive director of AIDA. “It will also serve as an impetus for the States of the region to protect key ecosystems, such as the Guarani Aquifer, the Andes, the Amazon, the Pacific and the Greater Caribbean region.” The Court concluded that a healthy environment is an autonomous right, “fundamental to the existence of humanity,” in the first time they have developed the subject. It also recognized the impact of climate change on the effective enjoyment of human rights, particularly for the most vulnerable populations, such as indigenous peoples, children, and those living in extreme poverty. With this decision, taken in November and made public yesterday, the Court welcomed and enhanced similar recognition by organisms of the United Nations and regional courts. The Court established that the obligation of States to respect the rights to life and personal integrity, in relation to environmental protection, implies that they must: Avoid causing “significant” environmental damage in and outside their territory, for which they must regulate, supervise and monitor activities that could cause harm. Assure, among other things, the realization of effective and independent environmental impact studies, as well as mitigation and contingency plans for potential damages. Cooperate with other States and provide them with information regarding risks to their natural environment. Apply the precautionary principle to protect the rights to life and personal integrity due to serious and irrevocable environmental degradation, even when scientific uncertainty exists. Guarantee the rights to public participation, access to information related to potential environmental harms, and access to justice in decision-making that could affect the environment. In January of 2017, AIDA presented observations on Colombia’s consultation and, in March of that year, participated in a hearing before the Inter-American Court. We argued that the implementation of large infrastructure projects in the Greater Caribbean and other areas could affect the environment to such a point that they could put at risk the life and personal integrity, among other human rights, of the people living there. “The Court has taken an important step towards the protection of the oceans and other key ecosystems by incorporating international commitments to environmental protection as part of the obligation of States to protect human rights,” said Gladys Martínez, senior attorney of AIDA’s Marine Program.  Consult and download a summary of the Court decision here. Press contact: Victor Quintanilla,+521 5570522107, [email protected]  

Sea turtle populations show sign of a comeback

Before 2008, hawksbill turtles had virtually disappeared from the Eastern Pacific. But small-scale conservation efforts enabled their return to the shores of El Salvador and Nicaragua, where researchers found them again laying eggs and slowly beginning to rebuild their population. Sea turtles are migratory animals. They spend most of their lives at sea, nesting on the beaches of various countries along their route. Among the main threats to their health are unsustainable fishing practices (they often get trapped in fishing nets) and inadequately developed projects in marine and coastal areas. The appearance of these turtles on Central American beaches, among other such events, demonstrates the success of small-scale conservation efforts, and the need for them to continue. Signs of recovery According to the recent study, Global sea turtle conservation successes, over the last decade sea turtle hatcheries have helped some populations rebound after historic declines. That’s the case of olive ridley turtles in the northeast Indian Ocean and of green turtles in the South Central Atlantic. After years of implementation, the protection of beaches, the regulation of fishing, and the creation of marine protected areas have helped improve sea turtle populations in waters around the world, according to researchers. The study also shows that, with adequate protections, even small populations of sea turtles have a chance of survival. Researchers found, for example, that in the area of Hawaii called French Frigate Shoals, the population of nesting green sea turtles increased from around 200 in 1973 – when the Endangered Species Act was created – to upwards of 2,000 in 2012. Green turtles are now considered a species of “minor concern” by the International Union for the Conservation of Nature. Our contribution Sea turtle conservation, like that of other animals and plants, requires that organizations, communities, and governments work together. Such collaboration is a main tenant of AIDA’s work. In 1998, we organized a campaign to get the signatures needed for the negotiation of an international treaty to promote the protection, conservation and recovery of sea turtle populations. We are currently working to ensure that governments who signed the treaty are operating in compliance with it. We also helped save green turtles in Costa Rica, and are currently working to protect the Veracruz Reef System in Mexico, in whose warm and shallow waters hundreds of hawksbill and Atlantic ridley turtles swim. Both species are at risk due to the expansion of the Port of Veracruz, a project that would cause serious damage to the expansive reef system. Much work remains Despite the impressive recovery of several species of turtle, there are others that remain in need of protection, as their numbers continue to decline worldwide. This is the case, according to the study, of both the leatherback turtle in the eastern and western Pacific and of the flatback turtle in Australia. A new beacon of hope for turtles can be found in the development, before the United Nations, of a treaty to protect the high seas, those international waters that belong to no country (but make up two-thirds of the world’s oceans). Sea turtles, sharks, whales and birds live in these waters or travel them as part of their migratory routes. Through our active role in the treaty’s development, we seek to create Marine Protected Areas to ensure the high seas remain a safe home for not just sea turtles, but for the many species of plants and animals that contribute to the health of the oceans and support the global food supply.

Celebrating 7 Advances to Close Out 2017

As the year comes to a close, we're happy to share with you several recent advances we've made in the name of environmental protection in Latin America. Each project we launch or case we win is a step toward a more just region, and a healthier planet for our children. Because of your support, we: 1. Saved Colombia’s Largest Coastal Wetland We successfully petitioned Colombia to list the Ciénaga Grande de Santa Marta among the world's most at-risk wetlands, opening up the resources needed for its recovery.   Learn More 2. Launched the Bolivian Environmental Justice Network We founded a coalition of environmental and human rights organizations in Bolivia to support citizens’ efforts to defend the environment and those who depend on its health.  3. Campaigned to Protect Patagonia from Salmon Farms We petitioned Chile to investigate damage being done by salmon farm operations in Southern Patagonia, and launched a citizens’ campaign to raise awareness of the growing threat.  Learn More 4. Secured Healthcare for Victims of Toxic Pollution We secured specialized medical care for residents of La Oroya, Peru, whose lives and health have long been affected by a heavy-polluting metal smelter that operates beside their homes. Learn More 5. Protected Sea Turtles on the High Seas We represented Latin American citizens and organizations in the development of a United Nations treaty to protect the shared parts of our ocean and the rich life within. Learn More 6. Stimulated Divestment from Mining in a Protected Wetland We convinced the World Bank to withdraw support from a gold mine in the Santurbán páramo, a protected ecosystem and water source for millions of Colombians.  Learn More 7. Advised Rural Town in the Lead-Up to a Mining Ban We provided legal advice and scientific analysis to the people of Cajamarca, Colombia, who then voted by a margin of 98% to ban all mining activities from their territory.  Learn More  

5 ways our governments can confront climate change

As individuals, we know about the small actions we can take to help reduce the emissions that cause climate change. But what can and should our governments do, seeing as their large-scale actions are fundamental to the welfare of their people? Earth, we have a problem: we’re essentially melting. High rates of greenhouse gas emissions, paired with environmental degradation and the overexploitation of natural resources, have us in a race against time. Ninety-seven percent of scientists agree that climate change is a result of human activities. And if we fail to stop global warming soon, the changes will be catastrophic. Each year, at the United Nations climate conference, global leaders meet to discuss actions we can take to help prevent, and be better prepared for, climate change. At COP21 the first binding global climate accord, the Paris Agreement, was born. This year, during COP23, delegates seek to establish rules to allow for its proper implementation. As individuals, most of us understand what we can do to reduce emissions: save energy, use the car less, recycle more, make better consumption choices, and engage in family planning. But what can our governments do? To discuss their contribution is to talk about large-scale measures that are vital to ensuring a better future for all.   1. Protect and restore key ecosystems Respect for nature is fundamental. Governments must protect ecosystems key to the fight against climate change: rivers, wetlands, oceans, forests and mangroves absorb large quantities of carbon, slowing warming. Mangroves also serve as a barrier against tropical storms, and wetlands absorb excess water from floods, both extreme weather events exacerbated by climate change. “Healing the natural system is the most feasible, realistic and fair option, since it would benefit humanity and all species,” said Florencia Ortúzar, an attorney with AIDA’s Climate Change Program. “In terms of conservation and restoration, we’re in a race against time, and we’re already beginning to witness alarming natural phenomena, like forests so degraded they’re losing their ability to absorb carbon.”  2. Support small agricultural producers According to the FAO, the meat industry is responsible for 15 to 18 percent of all greenhouse gas emissions, exceeding even those of the transportation sector. In addition, it is the most significant source of water use and contamination in the world. Today, 80 percent of all agricultural production goes toward feeding animals not people. The expansion of land for livestock, and the crops to feed them, is the most significant cause of deforestation in the Amazon. Governments can make a difference by supporting small local producers who, unlike large factory farms, employ sustainable practices, care about land restoration, benefit nearby communities, and make animals and crops more resilient to climate change. It’s less about everybody becoming vegetarians, but more about supporting those who produce our food with a respect for nature. 3. Promote green energy Thirty-five percent of all global emissions come from energy production. But as countries bet on more development, they’re also betting on more energy production. But as countries bet on more development, they’re also betting on more energy.  While thermoelectric and hydroelectric energies were long considered the cheapest options, technological developments have allowed us to find better, cheaper, more efficient alternatives. With proper long-term planning, nations can avoid old climate-aggravating energy sources (hydropower is not green) and opt for small wind, solar, geothermal, oceanic and other projects that adapt to a place’s unique characteristics. “When thinking about energy, it’s best to bet on a diversified matrix, prioritizing projects that are close to places where people need energy, saving on losses and infrastructure,” Ortúzar explained. “We must give absolute priority to the protection of nature. Every action, public policy, or strategy should be analyzed with nature in mind, and the production of energy is a good starting point.”  4. Combat short-lived climate pollutants Carbon dioxide (CO2) is the most infamous greenhouse gas. Since it remains in the atmosphere for centuries (even millennia), even if we stopped all its emissions sources today, the effects of climate change would continue. The good news is that other contaminants exist that contribute to climate change and only last a few days or years in the atmosphere. They’re known as short-lived climate pollutants, and they’re responsible for 30 to 45 percent of the emissions that cause global warming. These pollutants include black carbon (soot), methane, ozone, and the hydro fluorocarbons found in refrigerants. Their effective control, through national policies and regulations, could accelerate the fight against climate change in the short term. In addition, because they cause serious air pollution, measures to mitigate them would directly benefit human health.  5. Bet on adaptation, not just mitigation In the fight against climate change, work aimed at reducing emissions, stopping their effects and diminishing future consequences is known as mitigation. It is important. However, some communities are already experiencing tragic consequences due to changes in climate over a short period of time. So we also must act to prevent catastrophes, increase resilience, and reduce vulnerability, which is known as adaptation. Projects to mitigate emissions are more attractive financially than those designed for adaptation, which are generally focused on the most vulnerable communities. But it is important to give adaptation the significance it deserves in recognition of the fact that the impacts of climate change are already a grave reality for many. At this year’s COP, representatives are discussing a “loss and damage” mechanism, referring to the compensation that developed countries – the main causes of climate change – must make to developing countries, which suffer significant losses due to adverse climate effects, Ortúzar explained. Our governments must support these discussions and commit to the effective use of resources, so all the world’s people can be better prepared for, and help to prevent, greater changes to our climate.