Press Center

July 21 2017 Oceans

Important progress made towards ocean treaty

States meeting at the United Nations in New York took an important step towards launching negotiations for a new treaty to protect the biodiversity of the high seas (areas beyond the national jurisdiction). Making up two thirds of the global ocean, marine life in the high seas is not effectively protected. A new treaty will rectify this, putting in place measures to protect the rich and globally significant biodiversity and ecosystem services of the high seas and to govern activities undertaken there sustainably. Although the wording of the recommendation did not reflect the very strong support for rapid UN action towards a treaty, it will enable the General Assembly to convene an Intergovernmental Conference. The 35 member organisations of the High Seas Alliance which have campaigned for this treaty were pleased with the recommendation to move forwards. Peggy Kalas of the High Seas Alliance said: “This is a significant step for the high seas and humanity since we are all dependent on the ocean for a healthy planet. A new treaty will bring law and governance to this most neglected and besieged part of our world and we are closer to that goal now. We are profoundly thankful to the many, many states who have worked so hard to achieve this; their determination to protect the global commons for all humankind has been inspiring.” The decision of the Preparatory Committee will now go the UN General Assembly. The overwhelming majority of states are pushing for the next step to be an Intergovernmental Conference (IGC) convened in 2018. An IGC would mean formal negotiations on the text of a new treaty would commence. "Today marks a significant step forward for the world’s ocean," said Lisa Speer, Director of international Oceans at the Natural Resources Defense Council. Sylvia Earle said: “The nations of the world took important steps towards a treaty today. The high seas are half of the world and need the rule of law. To those who have worked so hard at the UN and in support of this moment, we extend an ocean of gratitude and carry forward optimism for a high seas treaty.” Veronica Frank of Greenpeace said: “Although we hoped to see a starting date included for the negotiating conference, it was good to see such overwhelming support for moving the process forward and so many people around the world speaking up for ocean protection. It is now for the UN General Assembly to make that step forward for the ocean and for all the people that depend on it. Anything less would fall short of what is our blue planet needs to recover." Gladys Martínez, an attorney with the Interamerican Association for Environmental Defense, said: “We applaud the commitment of so many delegates to protect nearly half of our planet. We are both proud and grateful for the work of Latin American nations in this regard.” Maria Damanaki of the Nature Conservancy said: “This is a demonstration of global collaboration, and a step towards protecting half of our planet, which today is an unregulated no man's land. We join our partners in the High Seas Alliance in commending the states and organisations that have worked effortlessly to make this happen." “This represents a major step in a long journey driven by a large number of committed states. We need to continue this momentum through to the General Assembly to deliver a resolution for an Intergovernmental Conference” added Tim Packeiser of WWF. In June all States signed on to a global call to action for the ocean, of which the high seas is a major part.

June 04 2017 Freshwater Sources, Climate Change, Human Rights

Ramsar Secretariat advises Colombia to add Ciénaga Grande to list of world’s most threatened wetlands

Experts at the Ramsar Convention, an international treaty for the protection of wetlands, identified “significant changes” due to human interference in the ecological characteristics of the area. They recommended, among other things, that Colombia enroll the wetlands in the Montreux Record, a register of seriously threatened wetlands requiring immediate attention. Bogotá, Colombia—Following a visit to the Ciénaga Grande de Santa Marta wetlands in August of last year, a mission of international experts from the Ramsar Convention, an inter-governmental treaty for wetland protection, released a report recommending that the Colombian government include the area in the Montreux Record—a register of gravely threatened wetlands requiring immediate attention. “Given the significant changes in the ecological characteristics of the Ciénaga Grande wetlands, we recommend including it in the Montreux Record,” said the report issued last week. These changes “require urgent action by the government of Colombia to maintain and restore the area’s ecological character, and to protect it in accordance with the objectives of the Convention,” the report said. Among changes mentioned in the report are overexploitation and contamination of the wetlands’ waters, diminished fresh water due to increased sedimentation and obstruction of waterways, “huge loss” of mangrove forests caused by road and infrastructure projects that block water flow, and declining fish populations. “Including Ciénaga Grande in the Montreux Record would allow the Ramsar Wetland Conservation Fund to provide economic assistance through grants. It would also allow Ramsar scientists to provide expert advice and recommendations on best practices for the recovery and conservation of the ecosystem,” explained Juan Pablo Sarmiento Erazo, a researcher from the Universidad del Norte. In addition, the Ramsar report recommends two other solutions to the wetlands’ rapidly degrading condition: performing effective dredging based on new plans for water management and strengthening coordination among institutions that manage the site. “The key is that the Colombian government should follow the Ramsar recommendations to the letter, implement improvements as soon as possible, and make necessary changes in the site’s management,” said Gladys Martínez, an attorney with AIDA. “The Montreux Record is far from being a blacklist. It’s an opportunity for governments to demonstrate responsible management of natural resources that demand urgent attention.” Ramsar experts visited the site from Aug. 22–26, 2016, following a 2014 petition filed with the Ramsar Secretariat by AIDA, el Universidad del Norte, and the University of Florida. Scientist Sandra Vilardy at Universidad del Magdalena also contributed. “We hope the government will make the report official,” Vilardy said. “The document mentions that it is imperative to re-establish aquatic balance in the wetlands, emphasizing the role that rivers play in feeding Ciénaga Grande.” More information on Ciénaga Grande de Santa Marta is available here. Press contacts: Gladys Martínez, AIDA Attorney, +506 8321 4263, [email protected] Carlos Lozano Acosta, AIDA Attorney, +57 300 5640282, [email protected] Juan Pablo Sarmiento, Universidad del Norte, +57 300 5514583, [email protected]

June 01 2017 Accountability and Transparency, Capacity Building, Climate Change

As US withdraws from Paris Climate Agreement, Latin America must step up

Without US participation, other countries must urgently limit greenhouse gas emissions. Now that President Donald Trump has withdrawn the United States from the Paris Climate Agreement, Latin American nations must act with new urgency to combat global climate change. In a blow to the Paris Agreement, Trump’s move sends a message that the U.S. federal government is no longer committed to curbing greenhouse gas emissions. The United States, Syria, and Nicaragua are now the only nations that refuse to join the historic fight against global warming. The Paris Agreement, which directs countries to set targets for the reduction of greenhouse gas emissions, was hailed as the first truly global climate deal to curb climate change. “This has huge implications for the Global South in the fight against climate change,” said Astrid Puentes, Co-Executive Director of the Interamerican Association for Environmental Defense, or AIDA. “We can no longer rely on the U.S. government to set an example for climate progress. Now more than ever, it’s important that Latin American countries step up efforts to curb their greenhouse gas emissions.” Although the United States and China are the largest emitters of greenhouse gases, nine percent of total global emissions come from Latin America, according to the UN Economic Commission on Latin America and the Caribbean. “In a region with immense ecological diversity, Latin America has an opportunity to take a leadership role in protecting natural resources and communities by shaping a clean energy future without reliance on fossil fuels,” Puentes said. “Without the United States, Latin America now needs to lead the global fight against climate change, and AIDA will continue to be at the forefront of that fight.” AIDA has worked with Latin American governments to increase their capacity to secure international funding for climate projects, raised awareness that many dam reservoirs emit significant amounts of methane, built a regional effort to counter the spread of hydraulic fracturing projects, and helped to protect critical carbon sinks, among other projects. As a team of environmental and legal experts, AIDA also works to protect the human rights of people and their communities throughout Latin America. AIDA is the only regional organization in Latin America that provides free legal support to communities and organizations dedicated to protecting human rights and the environment. Press contact: Astrid Puentes Riaño, Executive Co-Director, [email protected]

May 22 2017 Oceans, Toxic Pollution

Calling on Chile to protect Patagonia from the risks of the salmon industry

More than half of the salmon farms in Chile’s Magallanes Region are depleting oxygen from sensitive marine waters, suffocating marine life. Civil society organizations filed an administrative complaint and a petition calling on the government to investigate and punish farm operators, and to enforce existing regulations. Santiago, Chile. Civil society organizations filed a complaint today asking the Superintendent of the Environment to investigate damages caused by salmon farms in the Magallanes Region of Southern Patagonia, and to sanction the companies responsible. According to government reports, salmon farms in the area are depleting the water of oxygen, causing a serious threat to marine life. The organizations also launched a citizen’s petition to support the formal complaint. “Salmon farming concessions have been approved in Magallanes without a detailed assessment of the impacts the industry may have on the region,” said Florencia Ortúzar, an attorney with the Interamerican Association for Environmental Defense. “The damages are already occurring: a report by the Comptroller General of the Republic found that, between 2013 and 2015, more than half of the salmon farms in Magallanes created anaerobic conditions, gravely threatening marine life.” Chile is the world’s second largest producer of salmon. The industry, which developed on coasts further north, has now entered the Magallanes region in the southermost tip of the country. The pristine waters there are highly vulnerable to human activity. Magallanes has the largest number of protected natural areas in the country; it shelters such protected species as the blue whale, the sperm whale, the Magellanic penguin, the elephant seal, the leatherback sea turtle, the southern dolphin, and the Chilean dolphin. “Salmon farms are cultivating more fish than the ecosystem can withstand. They are filling sensitive waters with chemicals and antibiotics,” said Francisco Campos-Lopez, director of #RealChile. “Those chemicals, combined with the feces of the animals, cause a dangerous lack of oxygen in the waters, endangering sea life.” NOTE: More information available at aida-americas.org/salmonfarms Press contacts: Florencia Ortúzar, AIDA Attorney, +56 9 7335 3135, [email protected]

April 25 2017 Human Rights, Toxic Pollution

Lowering Peru’s air quality standards is regressive and harmful to public health

The government of Peru has proposed increasing the legal amount of sulfur dioxide in the air by more than 12 times and doubling the allowed level of particulate matter, substances known to cause serious health harms. The proposal ignores both scientific evidence and the government’s obligation to uphold conditions that are suitable for human life and health. Lima, Peru. Peru’s Environment Ministry has proposed new National Environmental Quality Standards for air, which would impact the health of Peruvians everywhere. The proposed standard increases by more than 12 times the limit for airborne concentrations of sulfur dioxide (SO2) and doubles the allowable amount of fine particulate matter. The increased limits ignore scientific evidence that finds these substances can cause lung problems and other illnesses, particularly among the most vulnerable populations such as people with asthma, children, and the elderly. “There is overwhelming scientific evidence to conclude that sulfur dioxide pollution poses a serious health risk, particularly when the contamination reaches high levels over short periods of time, something the proposal does not take into account,” said Anna Cederstav, co-director of the Interamerican Association for Environmental Defense (AIDA). AIDA prepared comments on the proposal that were presented to the government of Peru together with APRODEH. These pointed out that, contrary to the government’s assertion, reducing sulfur dioxide levels in the air would lead to longer life expectancy. This is because, among other reasons, sulfur dioxide also promotes the formation of PM2.5, small particulate matter that lodges in human lungs and causes acute respiratory problems such as bronchitis and pneumonia, as well as premature death. The government proposes to simultaneously double the legal limit for these extremely harmful particles. The organizations also highlighted flaws in the public consultation process. The government published the draft standard on Saturday, April 8, just before the Easter week holiday, giving only 10 working days for public comment on this critical public health issue. They also failed to make public the entire scientific and technical basis for the proposal. In so doing, the government has violated the rights to information and public participation. The comments also emphasize that the government’s proposal violates the American Convention on Human Rights and other international treaties to which Peru is a party, by failing to guarantee the human rights to life and health. While the proposed changes would impact Peru’s entire population, the residents of cities with high levels of pollution, such as La Oroya, would suffer the most severe impacts. La Oroya is an emblematic case because the metallurgical complex operating there—which has for decades been a macro-emitter of pollutants—is in the process of being sold. The government has publically acknowledged that the weakening of the air quality standards is an attempt to promote the sale of the complex. But it ignores the effects those relaxed standards would have on the people of La Oroya, who have seen significant improvements to both their air quality and their health in recent years. People affected by the pollution in La Oroya have sued the State before the Inter-American Commission on Human Rights in an attempt to protect their rights. For ten years, they have been granted precautionary measures due to the risk the pollution poses to their health and life; those measures were recently extended to additional people because the level of risk has continued. “Relaxing air quality standards to facilitate the sale of the complex and increase investment in Peru would be a setback for the protection of health and the environment, which could result in the State being held responsible before the Inter-American Court on Human Rights,” said Christian Huaylinos of APRODEH. “In addition, such actions would violate free trade agreements signed by Peru with the United States and the European Union.” Consult the comments sent to the Environment Ministry of Peru and more information on the case of La Oroya. Press contacts: Rodrigo da Costa Sales, AIDA, [email protected], +51 994767961 Christian Huaylinos, APRODEH, [email protected], +51 959 789 232

April 10 2017 Large Dams, Indigenous Rights, Human Rights, Large Dams

Belo Monte Dam must comply with conditions before continuing operations

Last week a federal court in Brazil suspended the operating license of the Belo Monte Dam. Prosecutors said the dam's operating company, Norte Energía, failed to complete basic sanitation works in the city of Altamira, which has been directly affected by the hydroelectric project. The decision comes in response to a legal appeal filed by the Federal Public Ministry. The sanitation work was a condition for the dam's licensing, authorized by the Brazilian Institute of Environmental Resources (IBAMA), and should have been completed before the reservoir was filled; it was not. "This is the first time that a federal court has suspended one of Belo Monte's suspensão de segurança, a legal tool that guarantees the dam's operation even though it hasn't completed the conditions required under its operating license. In practice, the decision means that the dam must immediately halt all operations, although the completion of pending work may continue," explained AIDA attorney Marcella Ribeiro. "Beyond being an issue of sanitation, this judgment represents an important step forward in the fight to force the operating company to adequately comply with the conditions necessary for the dam's operation, which favor affected communities." "We hope the Brazilian justice system continues to guarantee the protection of the rights of all those affected by the Belo Monte Dam.”

March 20 2017 Large Dams, Indigenous Rights, Human Rights

Attacks against Guatemalan human rights defenders denounced

Communities and organizations appealed to the Inter-American Commission on Human Rights, urging the State of Guatemala, private businesses, and investors to guarantee the human rights of people and communities affected by large hydroelectric projects. They presented a report, outlining 10 different cases, which documents 273 incidents of threats, criminalization, and attacks against defenders, traditional authorities, journalists, and communities. Criminalization included 103 arrest warrants, imprisonment of 36 defenders, and the murder of 11. Washington, DC, United States. A coalition of communities and organizations denounced human rights violations against traditional and indigenous communities in Guatemala, at a hearing before the Inter-American Commission on Human Rights. Because of their opposition to large hydroelectric projects, the human rights defenders have been threatened, assaulted, treated as criminals, and assassinated. A report presented before the Commission, featuring 10 different cases, notes that various communities confronting these projects have faced rights abuses including violations of their rights to free, prior, informed, and culturally appropriate consultation; self-determination; due process; and life. The report also outlines how those who defend affected people and communities have been victims of threats and aggressions. The most common attacks include arrest warrants (103), assaults resulting in injuries (56), imprisonment (36), detention (25), criminalization (16), and threats (15). There have been 11 documented murders and three conflict-related deaths in communities that oppose these hydroelectric projects. At least 19 companies are linked to hydroelectric projects in Guatemala, of which 55 percent are national, 40 percent are transnational, and five percent are State-owned. The complaints emphasized that it is the duty of the State to guarantee the rights of communities, and of the people who defend them. The obligation to respect human rights also extends to operating companies and project funders. Therefore, the organizations and communities ask the Guatemalan State to: Comprehensively respect the rights of indigenous people, including the rights to self-determination; consultation; and free, prior, informed, and culturally appropriate consent. Ensure the safety of human rights defenders. Include the participation of indigenous communities in the design and implementation of their energy-development policies. They also request the companies involved to: Comply with due diligence in matters of business and human rights. Refrain from taking actions, such as filing lawsuits, that result in criminalization of and attacks on human rights defenders. Publicly recognize the positive and fundamental role of human rights defenders in democracy. The complete report (in Spanish) is available here. Authors Include: Acompañamiento de Austria (ADA); Asamblea Departamental de Pueblos de Huehuetenango (ADH); Asociación de Abogados Mayas de Guatemala; Asociación Indígena Ch`Orti` Nuevo Día; Interamerican Association for Environmental Defense (AIDA); Business and Human Rights Resource Center; Consejo del Pueblo Maya (CPO) Consejo Mam; Guatemala Human Rights Commission, USA (GHRC); Guatemala Solidarity Network; Microregión de Ixquisis, San Mateo Ixtatán; The Swedish Fellowship of Reconciliation (SweFOR); PAYXAIL YAJAW KONOB (Gobierno Ancestral Plurinacional) AKATEKA, CHUJ, POPTI’, Q’ANJOB’AL; International Platform Against Impunity; Protection International; Proyecto Acompañamiento Quebec Guatemala Montréal, Canadá; Resistencia Río Dolores and Unidad de Protección a Defensoras y Defensores de Derechos Humanos (UDEFEGUA). Press contacts: Karen Hudlet, Business and Human Rights Resource Center, [email protected] Rodrigo da Costa Sales, Interamerican Association for Environmental Defense (AIDA), [email protected]

February 22 2017 Oceans

AIDA statement on the death of thousands of fish in Costa Rica

The recent mass die-off of anchovy—a species on which birds, marine mammals, and other fish depend for nutrition—must be analyzed in detail. Upon finding the cause, an integrated solution must be implemented at the national and regional levels. San José, Costa Rica. On February 15, thousands of anchovy washed onto the beaches of Puntarenas, two kilometers from the gulf of Nicoya. Experts from the National University of Costa Rica have ruled out algae-producing toxins and a red ride—which occurs from excessive proliferation of microalgae—as possible causes. At this point, authorities do not know why the fish died. The anchovy is a species that contributes greatly to the balance of the marine environment. Many species of birds and marine mammals, as well as other fish, depend on the anchovy as a vital source of nutritients and protein. Responding to the incident, Gladys Martínez, attorney with AIDA’s Marine Biodiversity and Coastal Protection Program, said: “It is vital that we analyze in detail the factors that may have caused this mass anchovy die-off. We have to determine what is affecting them and prevent a similar situation from happening again. Once the cause is found, a solution must be implemented that takes into account all components of the marine environment. “In addition, it is important that Costa Rica work both nationally and regionally on a comprehensive solution. Anchovy is a common species in the region and, although not highly migratory, it does move over short distances, warranting the involvement of surrounding nations as well.” Press contact: Gladys Martínez, AIDA, [email protected], +506 8321 4263

February 09 2017 Oceans

Costa Rican court issues first criminal sanction against shark finning

In a historic decision, a Puntarenas court convicted a businesswoman for shark finning. The woman had brought shark fins to port separated from the body, a practice illegal in Costa Rica, with intentions of selling them abroad. The Public Prosecutor’s indictment was supported by civil society organizations that argued her actions violated national and international laws protecting marine life. Puntarenas, Costa Rica. On February 7, the Trial Court of Puntarenas imposed a six-month prison sentence on a Taiwanese businesswoman for illegally trading in shark fins. The woman had brought to port shark fins detached from the animals body and gathered together with a wire, a process know as finning. She had intended to sell the fins abroad. This ruling is the first time the practice, illegal under national and international law, has been punished in Costa Rica. “We are pleased that, from the power of the Judiciary, Costa Rica has sent a clear signal that its priority is to protect the country’s sustainability. The response to the finning was appropriate, and responsible fishermen and environmental authorities will applaud it as such. At Conservation International, we reiterate our commitment to sustainable fisheries, transparent management of marine resources, and control of the country’s environmental regulations,” said Marco Quesada, director of the Costa Rica Program of Conservation International (CI). In 2011, justice failed in favor of the businesswoman. That decision was rebutted by the Public Prosecutor’s Office, which obtained a second trial in which the crime was finally punished. The final sentence indicates that the businesswoman is responsible “for the crime of ordering the removal of the shark fin without the respective body, to the detriment of the natural resources” of Costa Rica. “This is a truly historic sentence, as it’s the first time there has been a criminal conviction for shark finning. We applaud the efforts of the Public Prosecutor’s Office to enforce the national laws and international commitments of Costa Rica. We hope this case will be a precedent that helps prevent this practice from happening again,” said Gladys Martínez, attorney with the Interamerican Association for Environmental Defense (AIDA). AIDA and CI assisted in the resolution of the case, which dates from 2011, by advising the Public Prosecutor’s Office on arguments of international law. According to Costa Rican law, shark fins must arrive to port naturally attached to the shark’s body. In cases such as this one, the fins are removed and the body tossed back to sea so the fishing boats can hold as many fins as possible. “Shark finning is a crime punishable in Costa Rica by articles 139 and 40 of the Fisheries and Aquaculture Law. In addition, Costa Rica has ratified various international treaties that oblige it to protect the environment. These obligations include the protection, conservation and sustainable use of marine resources,” reads the document provided by both organizations to the Public Prosecutor’s Office for use during the trial. Press contacts: Gladys Martínez, AIDA, [email protected], +506 8321 4263 Marco Quesada, CI, [email protected] +506 2253-0500 ext. 129/IP 5484

December 20 2016 Mining, Freshwater Sources

World Bank divests from Eco Oro Minerals and mining project in Colombian Páramo

In an important step for the protection of Colombia’s páramos, the International Finance Corporation (IFC) – the private lending arm of the World Bank – has decided to divest from Canadian mining company Eco Oro Minerals. The company’s Angostura gold mining project is located in the Santurbán Páramo, a protected ecosystem that provides water to millions of people. Bogota, Washington, Ottawa, Amsterdam. The International Finance Corporation (IFC), private lending arm of the World Bank Group, has decided to divest from Canadian company Eco Oro Minerals. The company’s Angostura mine is located in Colombia’s Santurbán Páramo, a protected high-altitude ecosystem that provides water to millions of people. Colombian law prohibits mining in páramos. "We applaud the Bank’s decision to side with the Committee for the Defense of Water and the Santurbán Páramo regarding the inviability of mining in the páramo," said Alix Mancilla, representative of the Committee. "We now call on the Colombian government to abstain from issuing environmental permits to any mining project which may affect Santurbán." "The IFC’s divestment is a serious political and financial blow to mining in the Santurbán páramo," said Carlos Lozano Acosta of the Interamerican Association for Environmental Defense (AIDA). "The Colombian government must now reflect on its lenient approach to large scale mining in páramos, which is illegal under national law." The IFC’s decision comes after a report issued by the Office of the Compliance Advisor Ombudsman (CAO), an independent accountability mechanism, which found that the IFC's investment did not adequately consider the environmental and social impacts of the project, breaching the financial institution's internal policies. The report was developed in response to a complaint the Committee filed before the CAO in 2012, with support from the international organizations included herein. "After intense public pressure, the IFC finally got the message and, by divesting, amplifies it further. The decision to divest strengthens the Colombian State’s ability to protect water and regulate in the public interest. We applaud this decision by the IFC, which will have an impact on Colombians everywhere," affirmed Carla Garcia Zendejas of the Center for International Environmental Law (CIEL). The IFC's decision occurs in the context of Eco Oro’s announcement that it has initiated international arbitration against Colombia, under the terms of the Canada-Colombia Free Trade Agreement at the International Centre for Settlement of Investment Disputes (ICSID), part of the World Bank. The company is filing the suit over the State’s measures to protect Colombia’s páramos. "Eco Oro Minerals' interest in Colombia is no longer about mining. Rather, it is about extorting a sovereign government for millions in taxpayer dollars and exerting pressure to weaken protections for water in Colombia. The IFC’s divestment not only extricates the Bank from a clear conflict of interest, but also highlights the presence of ill-advised mining projects in the Colombian páramo and the illegitimacy of the suit," added Garcia Zendejas of CIEL.