Mexico

Protecting the rich marine life of Cabo Pulmo Reef

Mexican Constitution protects human rights

On June 9, 2011, Mexico rewrote history. The Mexican Congress approved revisions that expressly recognize human rights in the national constitution for the first time. The new language requires all authorities to adhere to international human rights treaties Mexico is a signatory to when those treaties are more expansive than the "individual guarantees" currently on the books. As modified, Article 1 of the constitution now recognizes human rights in general and incorporates international law. This means groups such as AIDA and communities in Mexico will have better legal tools for defending the right to a healthy environment or clean drinking water. Or, for example, because indigenous communities’ right to free, prior, and informed consent is granted in international law, Mexico will now have to recognize this right. Moreover, although the Mexican constitution already recognized some rights, enforcement has been difficult. The revision provides additional legal tools and thus raises hopes for enhanced protection of those rights. These constitutional changes came after a four-year process initiated by the UN Office of the High Commissioner for Human Rights in Mexico, and involving academics, nongovernmental organization, and independent experts. AIDA contributed by evaluating existing legal tools for protecting human rights as well as international legal obligations. In 2008, the Mexican Congress started considering the human-rights-related constitutional revision, which was finally partially approved in June, 2011. While the Mexican Congress and government should be applauded for its vision, the constitutional change’s effectiveness remains to be seen. Recognizing human rights is only the first step, and the new commitment will mean little without compliance. In coordination with our allies in the country, AIDA will monitor Mexican cases to ensure enforcement of this profound advancement and improved protection of the right to a healthy environment.

Victory: Biosphere Reserve in Baja California Saved from Toxic Mine

Threats from Proposed Dam in La Parota, Mexico, Challenged in Amicus Curiae Legal Brief

AIDA and other international and Mexican organizations submitted a legal brief (Amicus Curiae) to the Collegiate Tribunal of Guerrero in Acapulco in support of a constitutional lawsuit brought by CECOP and the Mexican Center for Environmental Law against the Federal Commission of Electricity (CFE) and other authorities. The lawsuit alleges that the Mexican authorities failed to consult with affected parties and adequately evaluate the environmental impacts of the construction of La Parota dam. Approval of the hydroelectric project disregards national laws, as well as international human rights and environmental laws, including those that protect the rights to a fair trial and economic, social and environmental rights. Among other things, the project’s major human rights violations are a lack of information provided to those affected by the dam and gaps in the comprehensive environmental impact study, which is designed to evaluate damages the dam will cause, measures to prevent impacts, as well as alternatives to the project. Considering these flaws and the human rights violations of people affected by the La Parota megaproject, we appealed to the Collegiate Tribunal of Guerrero, arguing that it should make use of its power, accept the arguments of the Amicus, and cancel all work related to the construction of the La Parota dam until the Mexican government completely complies with local people’s demands and applicable national and international laws. AIDA will continue pursing this paradigmatic case because it is an example of how infrastructure development can cause severe environmental damages and human rights violations in the hemisphere.

Legal victory! - Peruvian Constitutional Tribunal Orders the Government to Address the Public Health Emergency in La Oroya

FOR IMMEDIATE RELEASE: May 12, 2006 Contact: Dr. Anna Cederstav, Earthjustice/AIDA, (English) (510) 457-4010 [email protected] Dr. Carlos Chirinos, SPDA, (Spanish) (+511) 441-9171 [email protected] Hunter Farrell, MOSAO/Technical Roundtable, English (+511) 97094921 Legal victory! Peru Supreme Court Demands Government Protect Public Health from Doe Run Smelter in La Oroya LIMA, PERU — Peru's Supreme Court has given the Ministry of Health 30 days to declare a health emergency in La Oroya, and to put in place an emergency health plan for the city, widely considered one of the most contaminated cities in the Western Hemisphere.   The city is the home of a multi-metal smelter, owned and operated by the Doe Run Company of St. Louis, Missouri, one of the companies owned by Mr. Ira Rennert and the Renco group of New York.   While the ruling named the Health Ministry as the agency primarily responsible for protecting the health of La Oroya's population, it also called on the Doe Run Company to reduce toxic contamination and protect public health in La Oroya. The ruling requires the Health Ministry to pay special attention to health risks faced by children and pregnant women.   “This is great news for the citizens of La Oroya, who have received justice from the Courts, and who -- in spite of having been threatened and persecuted for their role in demanding health protection in La Oroya -- had faith that justice would prevail,” said Dr. Carlos Chirinos, the attorney with the Peruvian Society for Environmental Law responsible for bringing the case almost four years ago. An initial victory in the lower court had been immediately appealed by Peru's Health Ministry, forcing the plaintiffs to bring the suit to the Supreme Court.   The Supreme Court ruling allows 30 days for the Health Ministry to declare a health emergency in La Oroya, an action demanded by the Movement for Health in La Oroya (MOSAO) since 2003. A spokeswoman for the group, Dr. Eliana Ames, expressed satisfaction with the ruling: "This is the first time the Peruvian Government has acted to defend the health of all La Oroya's children and population." Earlier efforts of Peru's Environmental Health Authority (DIGESA) were limited to a few hundred of La Oroya's estimated 10,000 children, more than 97% of whom suffer from excessive levels of lead, according to last year's study by the St. Louis University's Public Health School.   A related request to protect health by issuing precautionary measures for La Oroya is still pending before the Inter-American Commission on Human Rights. This case was brought by AIDA (Interamerican Association for Environmental Defense), Earthjustice, CEDHA (Center for Human Rights and Environment), and Carlos Chirinos.