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Puerto Morelos
Coral reefs

Organizations alert authorities of threats to Puerto Morelos Reef

Mexico’s Puerto Morelos Reef National Park, a national protected area and Wetland of International Importance, is at risk due to massive and unsustainable tourism activities. Civil society organizations solicited a visit of international experts from the Ramsar Convention to evaluate the risks facing the site.  A coalition of local, national and international organizations presented an urgent alert before the Ramsar Convention, an intergovernmental treaty on wetlands, warning of the threats facing Mexico’s Puerto Morelos Reef National Park due to massive and unsustainable tourism. The Interamerican Association for Environmental Defense (AIDA)—with the support of the Mexican Center for Environmental Law (CEMDA), Voces Unidas for Puerto Morelos, the Puerto Morelos House of Culture, Flora and Fauna of Mexico, and the Center for Innovation and Investigation for Sustainable Development— solicited a visit of international experts to evaluate the risks. "Because some of the area’s tourism projects were not subjected to a rigorous environmental impact assessment, they have transformed the coastal territory, degrading and contaminating ecosystems, particularly coral reefs and mangroves," explained Sandra Moguel, regional director of CEMDA’s Southeast office. The National Park was created as a natural protected area in 1998 and was registered in 2004 as a Wetland of International Importance under the Ramsar Convention. It is a unique site due to its high biodiversity—its coral reefs provide habitat for fish, sharks, pink snails and sea turtles, while its mangroves harbor crocodiles and herons. In addition, like other wetlands, it helps prevent coastal erosion and provides breeding and feeding grounds for the area’s fish. "The site’s ecological and scenic beauty attracts tourism projects which, because they’re not properly evaluated, promote the irrational use of natural resources," said Camilo Thompson, AIDA marine attorney. "A Ramsar mission is urgently needed to evaluate the damages, propose compensation, issue recommendations on the growth of tourism and real estate, and identify alternatives to ensure the rational use of the park’s ecosystems." The Puerto Morelos Reef forms part of the Mesoamerican Reef System, considered the second largest barrier reef in the world. "Any activity carried out in the reef requires a strategic environmental assessment that considers the cumulative and synergistic impacts on the coastal wetlands, sea grasses and reefs of Puerto Morelos," Thompson added. "The Mexican State must apply the precautionary principal and ecosystem approach to confront the threats to the biodiversity of this unique site." Download the alert presented before the Ramsar Convention (in Spanish). Press Contacts: Camilo Thompson, AIDA Attorney, +521 9671302346, [email protected] Ricardo Ruiz, CEMDA, + 55 5211 2457, [email protected]

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Coral reefs, Oceans

Authorization of port expansion violates Mexico's international commitments

Mexico’s approval of the Port of Veracruz expansion project violates the nation’s international environmental and human rights commitments. To highlight this conflict, AIDA filed an amicus brief supporting residents of Veracruz in their attempt to protect the Veracruz Reef System, currently threatened by the port’s expansion.   Veracruz, Mexico. In support of an amparo filed by local residents against the expansion of the Port of Veracruz, the Interamerican Association for Environmental Defense (AIDA) filed an amicus brief before Mexico’s Fifth Circuit Court with detailed information on international standards and treaties to which Mexico is party, and which the government violated upon authorizing the project. “By putting at risk the Veracruz Reef System—the largest in the Gulf of Mexico, whose protection is a matter of public interest—the government also threatens the right to a healthy environment of the people who depend on it,” explained Camilo Thompson, AIDA attorney. “The expansion project was authorized without an adequate evaluation of the impacts it would have.” Mexico granted the project’s environmental permit on November 21, 2013. Just a year earlier, it had reduced the area of the reef system, changing its boundaries to make the project viable. At the time of authorization, adequate scientific information was not available to understand how to avoid damaging the reefs and protect the services they provide to the people of Veracruz. Among their many benefits, the reefs provide income to coastal residents through fishing and tourism, and they act as a natural barrier against storms and hurricanes. Upholding these ecosystem services, local residents, advised by the Mexican Center for Environmental Law, filed an amparo against the project’s authorization, which was admitted by the court in March 2017. In their supporting brief, AIDA argues that, in authorizing the project, the government breached international obligations to protect its natural environment and the people that depend on it. Many of those obligations are outlined in treaties to which Mexico is party, including the Convention on Biological Diversity, the Ramsar Convention on Wetlands, the Inter-American Convention for the Protection and Conservation of Sea Turtles, the United Nations Framework Convention on Climate Change, and the American Convention on Human Rights. The Veracruz Reef System is a Natural Protected Area nationally, and is listed as a Wetland of International Importance under the Ramsar Convention. It serves as a refuge for many marine animals, among them endangered species of sea turtles. “The reefs of Veracruz contain a rich natural wealth that must be protected,” Thompson said. “The expansion project would destroy part of that habitat and lead to the loss of a great amount of biological diversity. It also could lead to stranded vessels, contaminating spills, and the loss of fishing resources that sustain the local economy.” Press contact: Camilo Thompson, AIDA attorney, +521 9671302346, [email protected]  

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Oceans, Toxic Pollution

Salmon farms in Chilean Patagonia approved without adequate environmental evaluation

A study commissioned by the Interamerican Association for Environmental Defense found that more than half of the salmon farms currently operating in the Magallanes region of Southern Patagonia have generated a partial or total lack of oxygen in the water. Nine of those are located in naturally protected areas.  Santiago, Chile. A recent study, commissioned by the Interamerican Association for Environmental Defense (AIDA), concluded that salmon farms located in the Magallanes region of southern Patagonia were authorized without the scientific assessments needed to ensure they would do no harm to marine life. “After twenty years of development in other regions, the salmon industry now seeks to expand to the country’s last virgin coasts, without the necessary precautions,” explained Gladys Martínez, senior attorney of AIDA’s Marine Program. “This study demonstrates that neither the companies nor that State have done enough to avoid in Magallanes the severe environmental damage already perpetuated in other regions of the country.” Chilean biologist Héctor Kol produced the report for AIDA, with the support of the Waitt Foundation, analyzing 261 salmon farm projects. Of them, a little less than half have already been authorized and the rest could receive their permits in the short- and medium-term. Of the 126 authorized projects, only 35 are currently in operation. The information produced on each project includes location maps and estimations of the amount of waste being discharged into the waters. The research shows that there are large differences in the quantity of waste that the government authorized for different subsectors of the same geographic areas, without any available explanation as to why. “This demonstrates a clear lack of scientific evaluation, necessary to guarantee the aquatic environment will be able to receive and process the authorized quantity of waste,” said Florencia Ortúzar, AIDA attorney. “More than half of the projects that are currently in operation have already generated a total or partial lack of oxygen in the waters, which seriously impacts marine life. In addition, at least nine of these oxygen-depriving projects are located in natural protected areas.” On May 22, 2017, AIDA filed a complaint before the Superintendency of the Environment requesting the investigation of damages caused by salmon farms in Magallanes, and the sanctioning of the companies responsible. Consult the report here. Interactive Map of Salmon Farms here.  More information on salmon farms in Patagonia is available here. Press contact: Florencia Ortúzar, AIDA attorney, +56973353135, [email protected]  

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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.   

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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]  

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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]

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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]  

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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

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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.”

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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]  

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