Project
Offering communities scientific support to stop mining’s damages
Mining is an economic activity with serious environmental costs. Often, communities located near mining projects do not have access to truthful, complete and objective information on the harms and benefits of extractive industries.
This is compounded by the pollution and water depletion such activities cause in nearby rivers, lakes and other water sources. These risks often occur when mining projects are not adequately evaluated before being approved. And, too often, environmental impact assessments are not based on the best available scientific information.
Now more than ever, we must bridge the information gap between communities and the mining projects that affect them.
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Environmental responsibility through supply chains
This report emphasizes the importance of binding legislation for companies to comply with environmental aspects as well as human rights throughout their supply chains. The document reviews environmental impact assessments as an instrument of due diligence and corporate responsibility in their supply chains. It examines the independent monitoring of impacts of business operations, and reflects on environmental guarantees and human rights for the legislative processes of due diligence. Download the publication
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Science as a human right and a tool for environmental justice
By María Fernanda Ordoñez y Andrés Ángel According to the Encyclopedia Britannica, science is any system of knowledge that is concerned with the physical world and its phenomena and that entails unbiased observations and systematic experimentation. For its part, the United Nations (UN) defines science as the tool created by human beings to understand the world around them, and thus apply that knowledge to their benefit. If science is such an important tool, why is it not available to everyone? There is still a long way to go before science is recognized as a human right, and even the advances that have been made to that end are not well enough known. The so-called right to science was formed in the 1948 Universal Declaration of Human Rights, article 27 of which states that "everyone has the right to participate in scientific progress and in the benefits resulting therefrom.” It is also referred to in the Charter (Article 38) of the Organization of American States and in the American Declaration of the Rights and Duties of Man. In addition, the International Covenant on Economic, Social and Cultural Rights—which entered into force in 1976—recognizes in its Article 15 the right of every person to "enjoy the benefits of scientific progress and its applications.” It is precisely to raise public awareness of the responsible use of science for the benefit of society that World Science Day for Peace and Development is celebrated every November 10. The big gaps remaining Although the right to science is promoted by various world class scientific organizations, like the American Association for the Advancement of Science (AAAS), its application is still relatively unknown. This may be due in part to ignorance and economic difficulties in some countries. In Latin America and the Caribbean, socioeconomic, racial, and gender gaps are the major obstacles to the establishment of the universal right to science, which is closely linked to other rights, such as the right to education. According to UNESCO’s 2017-2018 World Education Report, 52 percent of children and adolescents in the region fail to reach minimum levels in mathematics and 36 percent fail in reading. In addition, in 2015 the rate of out-of-school youth of secondary school age reached 15.3 percent. A more telling indicator is the percentage of the Gross Domestic Product (GDP) allocated to public education, which stands at an average of 5 percent. In terms of the percentage of GDP allocated to research and development, the World Bank data shows that the countries that allocated the most resources for this purpose in 2017 were Brazil (1.26%) and Argentina (0.54%), followed by Cuba (0.43%) and Costa Rica (0.42%). The lowest figures were recorded in Guatemala (0.03%), Honduras (0.04%) and Peru (0.12%). These figures demonstrate that there are profound challenges to be faced in order to create the necessary conditions for the effective exercise of the right to science. Science in the Service of Environmental Justice Scientific advances allow us to find solutions to the new economic, social and environmental challenges we face on our way to a more just and sustainable future. Most communities in Latin America lack access to basic tools, or the training to develop programs for independent monitoring of environmental parameters, such as air or water quality. Thus, communities are at a serious disadvantage in the context of socio-ecological conflicts that may result from proposals for large mining, oil, and agro-industrial projects. However, it’s worth highlighting and promoting progress where it exists. It is encouraging to hear from empowered communities that have decided to implement community water quality monitoring programs, epidemiology initiatives, and many others. There is also hope because UNESCO data shows gross enrollment in higher education rose from 22 to 46 percent between 2000 and 2015. Likewise, many of the region’s civil society organizations are supporting the recognition of the right to science. At AIDA, scientific knowledge is used to strengthen our legal strategies to protect people and environments in the region. During the AAAS’s Conference on Science, Technology, and Human Rights in October 2019, we explained the link between science and human rights advocacy, and how we apply it in our work. Two months earlier, in August, UNESCO organized their first Latin American workshop in Argentina to discuss the development and implications of the right to science. There, the right to science was defined as a major focus of the organizattion’s work in the region. Strengthening the right to science in Latin America is vital for promoting more just and sustainable societies, where socioeconomic, racial, and gender gaps do not impede access to information as a common good. It’s essential to involve trained people committed to research in projects, organizations, and entities that promote social and environmental justice. In addition, the support of scientific professionals is fundamental to the process of knowledge transfer between countries and regions. This support is indispensable for the development of effective and efficient public policies. Finally, it should be noted that science should not only contribute to overcoming information asymmetries among actors in society, but should also be practiced and developed within a framework of respect for the rights of nature and human rights. At AIDA, we will continue to promote the right to science, building new capacities and strengthening existing ones, both for our partners and for the communities we support.
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Learning from Mendoza, Argentina: “Water is not negotiable
Near the end of 2019, the citizens of Mendoza, Argentina united in one of the province’s most important social manifestations. Their objective was clear: to defend their water. People of all ages—members of NGOs, environmental assemblies, anti-mining movements, scientists and academics—took to the streets to demand that the local government reverse the modification of Law 7722, known as "guardian of the water" or "the people’s law." The law is fundamental for the protection of water in Mendoza because it prohibits the use of cyanide, mercury, sulfuric acid and other toxic chemicals in mining activities—all of which seriously contaminate rivers, lakes and other natural water sources. Enacted on June 21, 2007, this law resulted from a long struggle by civil society. A step back in environmental protection The government intended to modify Law 7722 with another regulation, Law 9209, which allowed for "the use of chemical substances [including cyanide], mixtures or dissolutions of them, to ensure the sustainability of the [mining] project.” The justification for eliminating the prohibition on the use of cyanide and other toxic elements was "to guarantee the sustainability of the use of natural resources, with special emphasis on the protection of water resources and to ensure compliance with mining activities.” The use of cyanide in legal mining is becoming less frequent due to the risks involved in its manufacture, transport and use. Cyanide compounds are highly toxic in their gaseous form or when dissolved in water. Considering that the limit of cyanide in drinking water for safe human consumption is four drops per liter, the concentrations used in mining present high risks. In addition, there is abundant evidence of cyanide spills and losses from mining facilities during transport, and multiple cases of mass fatalities of wildlife near mining facilities, particularly migratory birds. The legislative amendment sought to make the procedures for environmental control and monitoring more flexible, by establishing that it was no longer obligatory for the Environmental Impact Statement of a mining project to be ratified by law. This undermined the effectiveness of Law 7722. These changes, promoted by the government of Mendoza, violated environmental protection principles contained in Argentina’s Constitution, among them sustainability and other national regulations that the provinces are obliged to comply with and enrich. For example, article 41 of the Constitution states that "all inhabitants have the right to a healthy, balanced environment, suitable for human development and for productive activities to satisfy present needs without compromising those of future generations; and they have the duty to preserve it." The citizen's response The social response to this modification—which intended to give free rein to the use of substances with a high environmental impact—surpassed all precedents. By successfully reversing an initiative already approved by Mendoza's legislators, it became an example for the entire region. The largest demonstrations in Mendoza's history began on December 22. Under the slogans "water is not negotiable" and "water is worth more than gold," the people of Mendoza organized to express their disapproval of the new law. The following day, 50,000 people gathered in front of the Provincial Government House after a journey of more than 100 kilometers, which began in the town of San Carlos, in the Uco Valley. They demanded: Law 7722 is not to be touched. Despite this widespread popular rejection, the Governor of Mendoza enacted the reform. Then, thousands of self-convoked neighbors gathered at kilometer zero—between San Martín and Garibaldi Streets—in the provincial capital to demand the law’s repeal. On December 26, faced with constant and growing social pressure, the Governor announced that he would not enact the new law. That palliative measure was deemed unconvincing and mobilizations intensified. The Governor then decided to reverse the amendment to Law 7722. On Friday the 27th, he announced the reform’s repeal, which finally happened on Monday the 30th. The case of Mendoza teaches a valuable lesson to all Latin American countries: When citizens are aware of the importance of nature and the scale of the dangers it faces, they will not yield. Socio-environmental conflicts are not only a response to those who have control over natural resources, but also to their effects on a complex social network. For humans and also for other beings, nature is a formative part of our identity, culture and customs. We are part of it and it is part of us. It is a living and interconnected network. That is why we must be its main defenders. The prompt and necessary updating of the concept of "sustainable development" is one of the challenges of Environmental Law in the 21st century. We mustn’t promote development that attacks nature and ignores human rights. Learn more about the use of cyanide in mining (in Spanish).
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