Project
Organizing the Network for Environmental Justice in Colombia
The Network for Environmental Justice in Colombia is an effort to coordinate organizations and legal resources for the protection of human rights and the environment.
The Network was founded in 2010 under the coordination of AIDA and with the help of the Latin American Institute for Alternative Society and Law, the Institute for the Study of Peace and Development, the Inter-Ecclesial Commission for Justice and Peace, and the University of Los Andes, the University of Caldas, and Del Rosario University. The network began with 79 participants and now includes more than 500 people and participating organizations.
The Network’s principal objective is to propose solutions to environmental conflicts in Colombia. It also aims to promote the fair and effective use of international and domestic environmental law, in particular, the right to a clean and healthy environment.
What does the network do?
- Facilitates the exchange of knowledge and information to implement legal strategies in precedent-setting cases. One such project was the Mandé Norte Mine, in which several members of the Network developed a legal strategy, resulting in a judicial decision that established Colombia’s need to perform an independent environmental impact assessment. Most importantly, the decision also mandated that developers obtain the consent of indigenous peoples before moving forward with any projects in their territory.
- Promotes organizational alliances, garners support, and connects legal work in defense of the environment.
- Organizes conversations, forums, and constructive debates on environmental issues.
- Provides access to legal resources including laws, court decisions, articles and legal analysis, and facilitates communication through its website and social media channels.
- Advises law students through the AIDA volunteer program. In doing so, the Network strengthens the capacity for environmental law in Colombia.
Partners:
5 milestones in the "Inhabitants of La Oroya v. Peru" case ruling
Our long-fought victory before the Inter-American Court sets important precedents for all communities seeking environmental justice in the Americas. The story of the community of La Oroya, Peru, in its quest for justice and reparations spans decades. The perseverance of the residents of this Andean town has borne fruit for the entire region, as they achieved a victory that sets important precedents for all communities seeking environmental justice on the continent. The Inter-American Court of Human Rights ruled in favor of the community of La Oroya, holding the Peruvian state responsible for violating the right to a healthy environment and other related rights, such as health and life, of its inhabitants by failing to take timely and effective measures to protect them from extreme levels of pollution from a metallurgical complex. AIDA has led the case from its inception, bringing La Oroya's struggle to the Inter-American Human Rights System and providing legal representation to the victims before the Court. Why is the international court’s ruling in "Community of La Oroya vs. Peru" such a joy and a door opener for us? We explain below, how the ruling: 1. Responds to the first case of its kind before the Inter-American Court. This is the first time the Inter-American Court has ruled on a case of toxic air and environmental pollution in an urban community. In its ruling, the Court recognized the disparate impact on women, children, and other vulnerable populations. It also addressed the importance of the rights of access to information and participation. 2. Recognizes and values the importance of a healthy environment as a human right. The Court recognized this right as a jus cogens (mandatory) norm and clarified the obligations of states to ensure a healthy environment for all people. A key point of the judgment is that states must avoid, prevent, and control environmental damage and its effects on human health by using all the means at their disposal. 3. Opens the door to accountability. The ruling sets precedents to hold states and companies accountable for taking the necessary measures to avoid lifelong impacts on people's health and the environment. The Peruvian state must provide financial compensation to the affected people of La Oroya, provide free and specialized medical care, adopt non-recurrence measures, and monitor air and water quality in places where mining activities are taking place. 4. Establishes the responsibility of the State in a case of contamination. In addition to stating that companies must act with due diligence and respect for human rights, the Court concluded in its ruling that the Peruvian state should have acted to protect and guarantee the rights of the people exposed to the contamination, using, among other tools, the precautionary principle. 5. Sets precedents for the entire region. The ruling goes beyond the Peruvian context, as it is binding on States Parties to the American Convention on Human Rights and sets an important precedent in Latin America for the protection of the right to a healthy environment and for the adequate supervision by States of corporate activities.
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Court decision stops new lithium mining projects in Argentine salt flat, sets regional precedent
On March 13, the Supreme Court of Argentina’s Catamarca province ordered a halt on authorizing new lithium mining projects around the Salar del Hombre Muerto, in the department of Antofagasta de la Sierra. The high provincial court established that all projects must comply with the free, prior, and informed consultation of affected communities, thus granting the injunction filed by Román Guitián, Cacique of the Atacameños del Altiplano Indigenous Community.It is one of the most important rulings of recent times regarding care for nature and the protection of the rights of traditional communities.The court ordered the providence’s Ministry of Mining and the Ministry of Water, Energy and Environment to "refrain from granting new authorizations or environmental impact statements with respect to any work or activity" in the area until an environmental impact report with two fundamental characteristics is completed. The first is that it must be "cumulative and integral," covering the entire salt flat and especially the Los Patos River, which is in the same salt flat. The second is that it must consider the total impact of the companies that have applied for water use and extraction permits, and their potential to transform the environment in the same geographical area.Lithium mining in Antofagasta de la Sierra began in 1997 by the multinational company FMC, currently operating as Livent. The local communities denounced that the river and the Trapiche Valley were drying up because of the mining activity.The Alliance for Andean Wetlands (Alianza por los Humedales Andinos) celebrates this achievement of the Atacameños del Altiplano Indigenous Community and the Asamblea PUCARA (Pueblos Catamarqueños en Resistencia y Autodeterminación).The same model of lithium mega-mining that the Catamarca Supreme Court's ruling points to is being reproduced in the Puna region of Chile and Bolivia. In this sense, the sentence is an important precedent for the protection of the environment and affected communities, which should be replicated in all the regions of the continent affected by this extractive model.Governments must take measures to provide the necessary security guarantees for the territorial defense of local communities demanding the fulfillment of their human and environmental rights, both in Argentina and in other countries. Quotes from Alliance membersClaudia Velarde, co-coordinator of the Ecosystems Program of the Interamerican Association for Environmental Defense (AIDA)"What happened in Catamarca is a historic milestone for the protection of water, territory and life in Latin America. The Court's decision confirms that the concept of the cumulative impact of an extractive activity is fully valid and a transcendental aspect of environmental management. It also clarifies that any damage to the environment that may result in a violation of the right to life or personal integrity must be considered significant damage. It is a relevant precedent in every sense and a strong message: national and international environmental regulations must be respected, environmental impact assessments must be strategic and cumulative, the right to environmental participation must be guaranteed, and the energy transition must be just." Ramón Balcázar, executive director of Fundación Tantí and co-coordinator of the Plurinational Observatory of Andean Salt Flats (OPSAL)"This ruling is the result of years of work and shows the importance of articulating knowledge and legal strategies for the defense of territories from a wetland perspective, setting a precedent that should be extended to the entire region for a cumulative assessment of projects, not only lithium, but also metallic mining and the impacts of climate change. Unfortunately, our colleague Román Guitián was the target of death threats after learning of the ruling, in a country like Chile that has ratified the Escazú Agreement. In this sense, we must categorically reject any form of violence against the defenders of the Andean salt flats, as well as the political advantage that institutions linked to the greenwashing of mining have tried to take from such a complex situation." Cristian Fernández, coordinator of the Legal Affairs area of Fundación Ambiente y Recursos Naturales (FARN)"The recent ruling of the Court of Justice of Catamarca, ordering the preparation of a "cumulative and integral" environmental impact study for all lithium projects being developed in the Los Patos River basin, and requiring the local government to refrain from issuing any new permits or authorizations for the activity, represents a milestone in the environmental jurisprudence of our country. It consolidates the path started almost 15 years ago by the Supreme Court of Justice of the Nation when, in the "Salas Dino" case, it demanded a cumulative impact study against the deforestation of native forests in Salta. In doing so, the Catamarca Court set a precedent that could be applied to the ecosystem damage suffered by the provinces of Salta and Jujuy due to the cumulative impact of numerous lithium projects in Salinas Grandes and Guayatayoc Lagoon."
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Inter-American Court ruling on La Oroya case sets key precedent for the protection of a healthy environment
The Court found Peru responsible for violating the rights of residents of La Oroya, who have been exposed to unsafe levels of toxic contamination for generations. San José, Costa Rica. The ruling of the Inter-American Court of Human Rights in the case "Community of La Oroya vs. Peru" sets an important precedent for the protection of the right to a healthy environment across the Americas and for adequate state oversight of corporate activities. The first-of-its-kind decision holds Peru accountable for its failure to protect the inhabitants of the Andean city of La Oroya who were exposed to toxic pollution from a smelter complex that operated without adequate pollution controls for a century.The Inter-American Court heard the case in a public hearing against Peru. In the absence of effective responses at the national level and on behalf of the victims, an international coalition of organizations filed a complaint against Peru before the Inter-American Commission on Human Rights in 2006. In October 2021, the Commission established the Peruvian government's responsibility in the case and referred it to the Inter-American Court. In October 2022, more than 16 years after the filing of the complaint, the victims presented the case before the Court in a public hearing, represented by the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH), with the support of Earthjustice."This ruling is a very important step forward and a key precedent for environmental justice in Latin America, as it is the first case in which the Court recognizes a state’s responsibility for violating the right to a healthy environment and the impact this has on the guarantee of several other rights," said Liliana Avila, coordinator of AIDA's Human Rights and Environment Program. "The Court also referred to the collective and individual dimensions of this right, acknowledging the differential impact of its violation on children, women and the elderly, and the important role of environmental defenders."In its judgment, published on March 22, 2024, the international court established the Peru’s responsibility for the violation of the rights to a healthy environment, health, personal integrity, life with dignity, access to information, political participation, judicial guarantees and judicial protection of the 80 people involved in the case; for the violation of the rights of the children of 57 victims; and for the violation of the right to life of two victims. The Court also concluded that the State was responsible for violating the obligation of progressive development by adopting regressive measures in environmental protection."The decision is a fundamental precedent in international law that establishes the parameters of the State's obligation to regulate, control and remediate the effects of environmental pollution, as well as the obligations derived from the right to a healthy environment as an autonomous right and its interdependence and indivisibility with other fundamental rights of human existence, such as health, life and personal integrity," said Christian Huaylinos, Legal Coordinator of APRODEH. "It is also a great satisfaction for the victim’s two decades long struggle.”For more than 20 years, the residents of La Oroya have been seeking justice and redress for the widespread contamination caused by the La Oroya smelter complex, which was operated by Doe Run Peru from 1997 to 2009. The town has been recognized as one of the most polluted places on the planet."Twenty years ago, when this fight started, I was carrying my banner saying that the health of the children is worth more than gold," recalls Don Pablo, a resident of La Oroya. "We never gave up, and now I am very happy with the Court's decision."In the judgment, the Court ordered the State of Peru to adopt comprehensive reparation measures for the damage caused to the population of La Oroya, including identifying, prosecuting and, where appropriate, punishing those responsible for the harassment of the victims; determining the state of contamination of the air, water and soil and preparing an environmental remediation plan; providing free medical care to the victims and guaranteeing specialized care to residents with symptoms and illnesses related to contamination from mining and metallurgical activities; ensuring the effectiveness of the city's warning system and developing a system for monitoring the quality of air, water, and soil; ensuring that the operations of the La Oroya Metallurgical Complex comply with international environmental standards, preventing and mitigating damage to the environment and human health; providing monetary compensation to victims for material and non-material damages."What we expect now is that the ruling will be implemented, that for the first time the State will fulfill its obligations and guarantee our rights as environmental defenders," said Yolanda Zurita, a resident of La Oroya and a petitioner in the case. "Compliance with this ruling is the least we expect from a state that is committed to guaranteeing the rights of its citizens."Since 1999, the government of Peru has known that almost all the children living near the complex suffer from lead poisoning yet failed to offer proper medical care and remediation. For decades, the population of La Oroya was exposed to extreme levels of lead and other harmful contaminants, including arsenic, cadmium, and sulfur dioxide. Nearly all the children in the case have had lead and other heavy metals in their blood at concentrations many times higher than the guidelines established by the World Health Organization. And many residents suffer from chronic respiratory illness, in addition to stress, anxiety, skin problems, stomach problems, chronic headaches, and heart problems, among others."This ruling issues a warning to governments across the Americas that they cannot sit idly by while multinational corporations poison local communities. Corporations will now be on notice that exposing families to unhealthy levels of industrial pollution is a violation of international law and governments must hold polluters accountable,” said Jacob Kopas, Earthjustice senior attorney. ResourcesCourt's press release on the judgment, available here (in Spanish).Official summary of the judgment, available here (in Spanish).Full text of the judgment, available here (in Spanish).Background information on the case, available here.Folder with photographs, available here.Press contactVíctor Quintanilla-Sangüeza (Mexico), AIDA, [email protected], +521 70522107
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