Project
Photo: UNFCCCMonitoring the UN Climate Negotiations
As changes in climate become more extreme, their affects are being hardest felt throughout developing countries. Since 1994, the United Nations Framework Convention on Climate Change has laid out actions to limit the increase of global average temperatures and confront the impacts of climate change.
The States that are Parties to the Convention meet every year in the so-called Conference of the Parties (COP) to review their commitments, the progress made in fulfilling them, and pending challenges in the global fight against the climate crisis.
At COP21 in 2015, they adopted the Paris Agreement, which seeks to strengthen the global response to the climate emergency, establishing a common framework for all countries to work on the basis of their capacities and through the presentation of Nationally Determined Contributions (NDC) that will:
- Limit the increase in global temperatures to 2°C compared to pre-industrial levels and continue efforts to limit it to 1.5°C;
- Increase the capacity of countries to adapt to the impacts of climate change; and
- Ensure that financing responds to the goal of reducing greenhouse gas emissions.
Our focus areas
THE CLIMATE CRISIS AND HUMAN RIGHTS
The climate crisis, due to its transversal character, has repercussions in various fields, geographies, contexts and people. In this regard, the Preamble to the Paris Agreement states that it is the obligation of States to "respect, promote and fulfill their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, the empowerment of women and intergenerational equity."
AIDA at the COP
COP25: Chile-Madrid 2019
At COP25 in Madrid, Spain, we advocated for the inclusion of the human rights perspective in various agenda items. We promoted the incorporation of broad socio-environmental safeguards in the regulation of Article 6 of the Paris Agreement, which refers to carbon markets. We closely followed the adoption of the Gender Action Plan, as well as the Santiago Network, created "to catalyze technical assistance […] in developing countries that are particularly vulnerable to the adverse affects of climate change." We also encouraged the inclusion of ambitious and measurable targets for the reduction of short-lived climate pollutants in the climate commitments of States.
Related projects
Responsible fishing: Preserving our fish stocks for future generations
By Gladys Martínez, AIDA legal advisor What could be better than a plate of ceviche or fried fish and patacones (plantain chips)? OK, I must confess that I’m a sucker for seafood! And that’s why one of my favorite projects to come out of AIDA’s Marine Protection Program is the reportTools for Sustainable Fisheries and Coastal Management. Like me, over 4.2 billion people get 15% of their proteins from seafood. So you can see why it’s so important to put in place measures to encourage sustainable fishing and the conservation of marine biodiversity. After more than 10 years of research, AIDA has taken a stab at this. We have developed an 11-chapter report examining the plight of our oceans and the causes behind a crisis in the fishing industry. The report looks at what we can do to limit the impacts of the crisis, and it offers case studies drawing on comparative law and detailing the international obligations that states have to protect and conserve our oceans and their biodiversity. The report also explores the regulatory framework for marine conservation. We look at the various regulatory instruments that countries use to try to control fishing. These include programs for reducing the number of fishing boat licenses, seizing vessels, retraining industry workers and reducing long-haul fishing times, or the amount of time that this technique can be practiced at any given time. Specific mention is paid to the “bycatch” phenomenon, or when fishing methods fail to discriminate between a targeted species and others caught in the process. Recommendations are offered on how to scale back this damaging practice. We also explore the advantages of using marine protected areas (MPAs) as a conservation tool. Different MPAs are discussed, as defined by the type of protected ecosystem and their classification by international bodies like United Nations Educational, Scientific and Cultural Organization (UNESCO) and the International Union for Conservation of Nature. We describe MPAs in Brazil, Costa Rica and Mexico, and we offer suggestions for protecting our ocean resources with transnational MPAs. We also examine the differences between fishing reserves and protected areas where fishing is banned. As responsible fishing has so much potential to make a real impact, the report also gets into the main economic instruments that if designed and implemented effectively could promote the protection, renewal, preservation and sustainable use of our marine resources. These instruments can be divided into three categories: market- based (fish certification and eco-labeling), tax based (green taxes, rights and subsidies) and financial (creating funds and loans). The report also looks at the socio-environmental issues of the fishing industry. These issues are hugely important because a large percentage of the world population relies on fishing for jobs, food security and a potential way out of poverty. We examine how things stand in the industry and look at its problems of endemic poverty and tough working conditions. Tools for Sustainable Fisheries and Coastal Management is a study of aquaculture in the Americas, from its environmental impact to the risk to human health and the alternative methods that could be used. Examples are taken from different countries across the continent and the world to illustrate what works and what doesn’t. The report is concise. It explains the bare minimum we need to develop aquaculture while still reducing its impact. Of these essentials are the adequate zoning of projects and targeted species, the development of suitable techniques for feeding fish and disposing of waste, and ensuring that states monitor the industry properly. New techniques such as polyculture, inland saline cultivation and environmental certification are potential alternatives to mainstream fishing methods that have less impact on humans and the environment. I don’t know about you, but I want to keep eating seafood and I want my descendents to also share in this simple pleasure without feeling guilty. The future can often look bleak, but after reading AIDA’s report, I’m inclined to think that this desire of mine is a real possibility. So if you like what we do and you think you can help, please donate!
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Mexico takes action to protect its wetlands from unsustainable development
AIDA and the members of the National Wetlands Committee have won a big victory after years of legal work to protect Mexico’s estuaries, coral reefs, mangroves and other wetlands. On February 4, 2014, Mexico’s Natural Protected Areas Commission (CONANP) announced a national wetlands policy, a legal framework we had been calling for since 2009. “It’s not a panacea, but it’s a good start,” says Sandra Moguel, an AIDA attorney who participated on the National Wetlands Committee, a CONANP -led group that helped develop the policy. Mexico is rich in wetlands. The country ranks second after the U.K. in the number of protected wetland areas under the Ramsar Convention, an international treaty for the conservation and sustainable use of these ecosystems. Centuries-old coral reefs serve as breeding pens for fish that feed the populace and delight divers. Mangrove forests house endangered species and perform increasingly important ecosystem services: they absorb carbon emissions and buffer the coastline against storms made harsher by a warmer climate. But many coral reefs, mangroves, estuaries, and rivers have suffered from poorly planned development. On the Sea of Cortez, for example, plans for mega-resorts have kept us busy defending Cabo Pulmo’s coral reefs, and now a proposed port expansion is threatening reefs in Veracruz. To protect these and other wetlands, we have had to draw on a jumble of laws and policies. Not any more. Now we have a specific instrument that is in line with the laws and policies for the protection of wetlands. The new policy sets actions, goals and priorities for the management and protection of wetlands. It is a vast improvement. And while a national wetlands policy is a Ramsar requirement, Mexico’s policy stands out from many others in the world for creating not just principles and guidelines, but also an action plan to make them happen. For example, the government will soon set and sustain minimum water levels to preserve mangroves. Other actions will guarantee the reasonable use of wetlands. Fishing, tourism, and other activities that rely on wetlands must be carried out sustainably. If damages occur, the state must ensure ecosystem restoration. A key element that AIDA pushed for is the principle of environmental progress. The new policy stops the government from continuing to modify and reduce natural protected areas to make way for large infrastructure projects or to benefit private interests. Now the authorities must preserve and promote environmental progress by respecting protected-area status and by improving safeguards. We are thrilled. This principle could help AIDA in our legal battle to stop construction of the Las Cruces hydropower project on the San Pedro Mezquital river. The dam would reduce water flows and sediments needed to feed and sustain mangroves in Marismas Nacionales, a protected wetlands area on the Sea of Cortez. Construction of the dam would clearly reverse environmental progress. The new policy has its weak spots—for example, it doesn’t set dates for reviewing the progress of the action plan, and the actions could be supplemented for more effect—but comparatively, it is at the forefront of wetlands policies in Latin America. “Mexico is setting an example,” Moguel says. “Let’s hope that this encourages other countries to follow suit.” Your contributions helped us press for and contribute to the development of the new policy, and with your continued help we will be able to aid Mexico in its efforts to protect its vital wetlands.
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Indigenous leader condemns Brazil’s rights abuses at United Nations
Speakers highlight violations stemming from Amazon dams at Human Rights Council. Geneva, Switzerland. In a groundbreaking event at the 25th United Nations Human Rights Council, the national coordinator of Brazil’s Association of Indigenous Peoples (APIB) Sônia Guajajara exposed an alarming disregard for indigenous peoples’ rights by the Brazilian government as it rushes to promote an unprecedented wave of large dam construction across the Amazon basin with devastating impacts on their territories and livelihoods. In her testimony, Ms. Guajajara argued that the violation of indigenous rights to prior consultations concerning the federal government’s dam-building plans has set a troubling precedent for the rule of law and the future of Brazil’s indigenous peoples. The side event, entitled ‘Indigenous peoples’ right to consultation on large dam projects in Brazil’, also featured Alexandre Andrade Sampaio, a Brazilian lawyer with the Interamerican Association for Environmental Defense (AIDA), who critiqued the use of a legal mechanism known as “Security Suspension” (Suspensão de Segurança) that allows chief justices, upon request from the government, to indefinitely suspend legal rulings in favor of indigenous peoples’ rights. Among the most egregious use of this legal artifice that was originally created during Brazil’s military dictatorship, is the suspension of court decisions on the illegality of large hydroelectric dam projects, such as Belo Monte, where the federal government has failed to ensure indigenous peoples’ right to prior consultations, as enshrined in the Brazilian constitution. According to Sampaio, the Security Suspension also constitutes an obstacle to Brazil’s compliance with international agreements concerning free, prior, and informed consultation and consent (FPIC), including Convention 169 of the International Labor Organization ILO), ratified by the Brazilian Congress in 2002, and the 2007 UN Declaration on Rights of Indigenous Peoples (UNDRIP). “The alliance of economic interests and political power represent a major crisis for the implementation of indigenous rights in today’s Brazil,” said Ms. Guajajara. “However, even if the government denies our rights, it cannot deny its responsibility to this convention.” “The Suspension of Security Violates Human rights. The very people that could dismiss it are the same ones who personally benefit from its existence,” said Mr. Sampaio. “That is why it is important for the international community to turn its eyes to this matter and request the Brazilian government adopt effective measures that lead to the respect of human rights.” Joint declarations were submitted to the UN General Assembly by a coalition of Brazilian and international groups, including NGO France Libertés. In discussing growing threats to indigenous rights, both documents highlight the Brazilian government’s plans to build a massive complex of up to 29 large dams along the Amazon’s Tapajós River and its tributaries in the next ten years. Lesser-known than the controversial Belo Monte project on the neighboring Xingu River, the Tapajós complex would provoke flooding and other devastating consequences for indigenous peoples and other traditional populations both upstream and downstream of planned dams, including elimination of migratory fish that are a dietary stable and a basis of local economies. The federal government’s rush to construct a series of large dams in the Tapajós region, in the absence of prior consultations with indigenous peoples, has led to growing protests from local tribes, such as the Munduruku, Kayabi and Apiaká people. “We are watching a dark history repeat itself on the rivers of the Amazon where Belo Monte’s tragedy threatens to be reproduced on the Tapajós,” said Christian Poirier of Amazon Watch. “While the Brazilian government claims to respect its indigenous peoples, it is in fact working to dismantle their rights to open their lands and rivers to unconstrained exploitation.” Prior to the side event the delegates met with Ambassador Regina Dunlop of Brazil’s Permanent Mission to the United Nations in order to present their grievances. While the Ambassador stated that the information would be more relevant if presented to government representatives in Brasilia, Ms. Guajajara and Mr. Sampaio countered that these criticisms are frequently ignored by government decision makers until problems are exposed in international forums, such as the United Nations. “Brazil’s reputation is at stake on this international stage,” said Sônia Guajajara. “We are here to bring visibility to the unacceptable prejudice and discrimination suffered by indigenous peoples and to demand that it stops.” The side event in Geneva was organized by France Liberté (Fondation Danielle Mitterand) with support from Amazon Watch and International Rivers.
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