Press Center
Report reveals shocking rights violations by Canadian corporations in Latin America
Geneva - A groundbreaking report titled "Unmasking Canada: Rights Violations Across Latin America" was unveiled at the United Nations Universal Periodic Review Process (UPR) pre-session in Geneva, spanning from August 28 to September 1, 2023. This in-depth investigation highlights extensive human rights and environmental breaches by Canadian companies in Latin America and the Caribbean. Compiled through the collaboration of over 50 civil society organizations, the report implicates 37 Canadian projects across nine countries in the region. Of these, 32 projects have been found responsible for environmental rights infringements, including 105 oil spills in Peru's Block 192, directly linked to Frontera Energy. Additionally, the right to Free, Prior, and Informed Consent was violated in 26 projects, exemplified by dubious practices in Ecuador's Warintza project managed by Solaris Resources Inc. Violent confrontations tied to 16 projects are also highlighted, with a notable incident in Peru in July 2023, where 20 individuals were injured. While Canada positions itself as "climate forward," this report challenges such a portrayal, emphasizing Canada's protection of extractive industries that are responsible for significant human rights and environmental harm. In response to these findings and anticipating Canada's UPR on November 10, 2023, the report advocates for UN member states to impose legally binding resolutions on Canada, compelling the nation to address corporate misconduct overseas. Mauricio Terena, Legal Coordinator from Brazil’s Association of Indigenous People (APIB), said: "We have come here to denounce the involvement of Canadian companies in human rights violations in Brazil, particularly the case of the Belo Sun mining company in Pará, which aims to establish the country's largest open-pit gold mine. While Canada portrays itself as a defender of human rights and the environment, its actions contradict this narrative, especially when infringing upon the rights of indigenous peoples in Brazil. The discrepancy becomes evident when we realize that Canada has not signed the ILO's Convention 169. Therefore, we hope that the states with which we are in dialogue recognize this reality and urge Canada to reassess the operations of its corporations, seeking tangible action in defense of indigenous peoples and traditional communities". Addressing the UPR's function, where every four years UN member states review each other's human rights records, Latin American civil society representatives presented new recommendations for Canada. These recommendations underscore the need for Canada to introduce binding and comprehensive legislation centered on due diligence and corporate accountability. This encompasses the oversight of financial institutions and Canadian corporations throughout their global supply chains, aiming to prevent, mitigate, and penalize corporate misdeeds while ensuring victims of such practices overseas can seek justice and full reparation. "We hope that the UPR (Universal Periodic Review) process will establish itself as another strategy in our defense of indigenous peoples' rights, serving as a tool for the protection of human, indigenous, and environmental rights. It is essential to acknowledge that corporations involved in such violations are committing criminal acts. These actions should not be viewed merely as isolated incidents, but rather on a broader scale, as violating indigenous rights impacts all of humanity. Thus, beyond national and international laws, these transgressions should be seen from a more comprehensive perspective. It is crucial for states to commit, within the UN framework, to join a global mechanism where they recognize the need to monitor and mutually hold each other accountable for actions that uphold human, indigenous, and environmental rights", said Maria Judite "Kari" Guajajara, Legal Advisor at the National Indigenous Organization of the Brazilian Amazon (COIAB). This isn't the first instance of Canada facing allegations within the United Nations Universal System due to the activities of its corporations abroad. Six recommendations were directed at Canada during the 3rd cycle of the Periodic Review. These addressed, among other concerns, Canadian businesses' vital assurance and protection of human rights. Nevertheless, even after pledging to meet these recommendations, Canada consistently failed to fulfill its extraterritorial obligations, neglecting to take effective action to supervise corporate activities domestically and internationally. Gisela Hurtado, Advocacy Manager at Amazon Watch, commented: "Our report unveils the disturbing reality behind Canada's corporate endeavors in Latin America. While Canada boasts of ethical business conduct, the documented evidence reveals a starkly contrasting picture – one where profit is prioritized over people and the environment. Urgent change is paramount." The report's presentation in Geneva was spearheaded by a delegation that included Mauricio Terena from APIB; Maria Judite "Kari" Guajajara from COIAB; Josefa de Oliveira, a Popular Educator with Movimento Xingu Vivo Para Sempre; Lorena Aranha Curuaia, Vice President of the Iawá Community; ; and Brayan Mojanajinsoy Pasos, General Secretary of the Association of Indigenous Councils of the Municipality of Villagarzón Putumayo (ACIMVIP). The delegation was further supported by representatives from organizations including Amazon Watch, AIDA (Regional), Earthworks (US) Gaia (Colombia), and Ambiente y Sociedad (Colombia). Short summary involving Canadian companies involved in rights violations highlighted in the report 1. Frontera Energy in Lote 192 in Peru: - Over 2,000 sites contaminated, affecting 26 Amazonian indigenous communities. - Proposed activity closure plan doesn’t include reparations for affected communities. 2. Mineradora Argentina Gold SRL (joint venture between Barrick Gold and Shandong Gold): - Responsible for at least five toxic substance leakages, including cyanide and arsenic, into the Jáchal River in Argentina from the Veladero mine. - The project is in violation of the Glacier Law due to its location in a glacial zone and affects the UNESCO recognized biodiversity heritage site, the San Guilhermo Reserve. 3. Belo Sun's Volta Grande project in Brazil: - Cumulative impacts with the Belo Monte hydroelectric dam, located less than 10 km away from the prospected mining site; - Armed security forces hired by the Canadian mining company to monitor local leaders and hindering their freedom of movement; - Utter disrespect to Free, Prior and Informed Consent of Indigenous and riverine communities; - Imminent and irreversible risks of an environmental tragedy if toxic waste spills into the Xingu River due to a potential dam break, given the lack of sysmic and tailings dam safety studies. - Direct impact on communities, their traditional livelihoods, and local ecosystems. 4. The Mina Varadero in Chile: - Contaminated water sources with mercury, impacting rural populations and children. 5. ISAGEN - Brookfield Asset Management's Hidrosogamoso dam in Colombia: - Significant harm to local ecosystems and communities. 6. American Lithium's mining projects (Falchani, Macusani, and Quelccaya) in Peru: - Regularly release toxic residues, affecting over 700,000 people and contaminating the Lake Titicaca and Amazon River basins. 7. Solaris Resources Inc.'s Warintza mining project in Ecuador: - Ignored the territorial rights of the Shuar Arutam indigenous people and adopted divisive tactics. 8. Mining project of Ixtaca in Mexico: - Suspended due to violations of indigenous rights. 9. El Pato II mining project in Guatemala: - Affected the Poqomam Maya and mestizo communities without proper prior consultation. 10. Libero Copper's Mocoa mining project in Colombia: - Directly harmed the ancestral territory of the Inga people, violating their rights. 11. Cosigo Resources LTD's Machado gold extraction project in Colombia: - Severely impacted sacred indigenous sites in the Yaigojé Apaporis territory. 12. Barrick Gold's Pueblo Viejo mine in the Dominican Republic: - Forced the displacement of 65 local families due to the El Llagal waste dam. 13. Mining projects of La Plata by Atico Mining Corporation and Las Naves by Curimining S.A. (a subsidiary of Adventus Mining Corporation) and **Salazar Resources Limited in Ecuador: - Tried legalizing their operations despite violating national and international human rights laws, leading to confrontations and injuries. 14. Petrotal's Lote 95 in Peru: - Protests demanding community rights resulted in several deaths by police forces guarding the oil field. 15. Equinox Gold in Brazil: - Concealed data regarding their operations and impacts, including a dam break. - 4,000 of people directly impacted by toxic waste resulted from the dam break that contaminated local Amazonian rivers, violating the right to a clean environment and adequate access to drinking water. - Criminalization of local community leaders that protested for the right to water. 16. Gran Tierra Energy in Ecuador: - Conducted explorations without proper information dissemination in the Charapa, Chanangué, and Iguana blocks.
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Protecting Ecuador’s Yasuní National Park can bolster the global just energy transition
What the people of Ecuador decide in an August 20 referendum has the potential to not only slow oil exploitation in the Amazon, but also to generate a transformative impact at the national and international levels, recognizing the value of the key ecosystem for stabilizing the global climate and the need to transition to renewable and sustainable energy production. On August 20, in a popular consultation, the Ecuadorian people will have the opportunity to decide on a definitive halt to oil exploitation in a part of Yasuní National Park, one of the most biodiverse areas of the planet, located in the Amazon rainforest. The consultation seeks to stop oil extraction in the ITT block (Ishpingo, Tiputini, Tambococha), one of three in production within the park. Yasuní National Park is a UNESCO Biosphere Reserve. Multiple scientific studies have demonstrated its value in terms of biodiversity and its significance as the home to the Waorani people, and to the Tagaeri and Taromenane indigenous groups in voluntary isolation. The Amazon is an interconnected region shared by eight countries—Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela—and by French Guiana, a French overseas department, and what happens in one part of it affects the rest. Moreover, as a megadiverse region that serves as a global climate stabilizer, the importance of the Amazon rainforest is global. The eyes of the world will be watching to see if Ecuador chooses to protect its Amazonian territory, which would have a transformative impact not only in the country, but also across Latin America and the world. Protecting Yasuní would send a clear message that recognizes the ecological and social value of the Amazon to materialize the necessary energy transition and the protection of human rights. Javier Dávalos, AIDA's Climate Program Coordinator and Ecuadorian attorney, reflects: "After years of relentless struggle by social organizations and indigenous movements, Ecuador has the chance to make important progress in protecting an ecosystem that is key to adapting to and mitigating the global climate crisis, as well as to the survival of traditional and indigenous peoples, including those in voluntary isolation. To protect the climate for this and future generations, fossil fuel production must begin to decline immediately, and renewable energy production must be accelerated as part of a just transition. Ecuador can be a pioneer, leaving behind the environmental and social sacrifice zones promoted by the fossil fuel industry and showing the world how civil society can promote the just energy transition that the world needs. It can be an example of how to build energy alternatives based on guaranteeing human rights and the rights of nature, and how to effectively combat the triple crisis the world is facing: climate change, biodiversity loss and pollution." Context The initiative to put a definitive stop to oil exploitation in part of the Amazon is in line with the recommendations of the Intergovernmental Panel on Climate Change and the International Energy Agency that one-third to two-thirds of oil reserves be left in the ground in order to keep the increase in the average temperature of the planet below 2°C, compared to pre-industrial levels, and thus avoid catastrophic effects. The popular consultation in Ecuador takes place a few weeks after the UN Secretary General, Antonio Guterres, declared the beginning of the era of "climate boiling", pointing out the need for concrete changes to face the emergency and crisis caused by global warming. In addition, this consultation comes shortly after the conclusion of the Amazon Summit in Brazil, where the eight Amazonian countries discussed how to chart a sustainable path forward for the Amazon rainforest. "It is time to phase out fossil fuels to protect the Amazon," said Gustavo Petro, President of Colombia, who recently urged Amazonian countries and their partners in the Global North to commit to phasing out fossil fuel exploitation in order to protect the right to a just transition and accelerate the transition to a post-oil economy. press contact: Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107
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Mexican environmental authority violates Mexico’s highest court and international obligations when reissuing a permit for a port expansion that threatens the Veracruz Reef System
In a legal brief, AIDA and Earthjustice argue the Secretary of the Environment failed to properly evaluate the environmental impact of the project to the reef, a UNESCO World Heritage Site, as required by Mexico’s highest court. Mexico City, Mexico – Today, AIDA (Interamerican Association for Environmental Defense) and Earthjustice filed a brief with the Fifth District Court of Veracruz to help protect the Veracruz Reef System from the Veracruz port expansion project. When reauthorizing the project, the Secretary of the Environment and Natural Resources (Semarnat) not only failed to comply with a ruling of the Supreme Court of Justice of the Nation, but also ignored Mexico’s international obligations regarding environmental protection and human rights, including the human right to a healthy environment guaranteed in the Mexican Constitution. This was demonstrated by AIDA and Earthjustice in a legal brief (Amicus Curiae or "Friend of the Court") filed before the Fifth District Court of Veracruz. In it they request that the court -- which is in charge of determining whether the Supreme Court’s ruling was complied with or not -- establish contempt and force Semarnat to re-examine the project based on the environmental impact assessment procedure required by the high court. "The authorities must comply with the Supreme Court ruling and protect this internationally-recognized natural treasure of Mexico. The human right to a healthy environment cannot be ignored," said Guillermo Zúñiga, a Veracruz native and Earthjustice attorney. "The reef not only hosts the greatest biodiversity of species in the central region of the Gulf of Mexico, but also helps mitigate the impact of storm surges and hurricanes. The people who grew up here, as I did, and who live here now, know the value of this sanctuary where land and sea harmonize in unity." On February 9, 2022, residents of Veracruz won a victory before the Supreme Court in an amparo action filed to defend the Veracruz Reef System -- the largest reef in the Gulf of Mexico -- and its environmental services against the Veracruz port expansion project. The Supreme Court ordered the revocation of the permits by determining that Semarnat, by approving the project, violated the right to a healthy environment of the people of Veracruz. Despite the ecological, cultural, and economic importance of the Veracruz Reef System, the environmental authority had authorized the port expansion in a fragmented way, dividing the project into 15 permits and diluting its true impact. In addition, it completely excluded from its analysis a non-emerging reef ("La Loma") located in the area of the Veracruz Reef System National Park. In its ruling, the Supreme Court ordered the environmental authority to reevaluate the project in an integral, holistic and complete manner. In addition, it ordered that the new evaluation be made in accordance with the elements that make up the right to a healthy environment, as well as the principles of prevention and precaution, enshrined in international law. It also requested the support of the National Council of Natural Protected Areas and the International Wetlands Committee of the Ramsar Convention to design a protection scheme for the Veracruz Reef System. "Right now, the court has the opportunity to confirm the transformative effect of the Supreme Court's ruling and set a valuable precedent for the real protection, not just on paper, of Veracruz's reefs and the universal right to a healthy environment," said Sandra Moguel, an attorney with AIDA's Ecosystems Program. "Including the international authorities of the Ramsar Convention would mean strengthening the project's environmental impact assessment with technical knowledge and transparency." As demonstrated in the brief, by granting a second permit to the project -- on December 30, 2022 -- Semarnat failed to comply with the Court's ruling and the Mexican State's obligations because: It did not require a new environmental impact study -- mandatory for projects of this size under international law and national legislation -- to analyze the cumulative impacts of all segments of the original project. On the contrary, the environmental authority based its assessment on the original deficient statements. Even so, it left three of the original segments out of its analysis. It failed to submit its new assessment to a public consultation nor did publish new information on the impacts of the project before authorizing it again. In this way, it ignored the rights of the people of Veracruz to public participation and access to information in environmental decision-making. Semarnat has not yet requested the support of the National Council of Natural Protected Areas or the International Wetlands Committee. The participation of this committee is of particular importance due to its experience and technical knowledge in the protection of protected areas and wetlands. The Veracruz Reef System is a Natural Protected Area designated under national legislation, a wetland of international importance under the international Ramsar Convention, and a UNESCO World Heritage Site. AIDA is an international non-profit organization that has been protecting the human right to a healthy environment in the Americas for 25 years. Earthjustice is the premier nonprofit public interest environmental law organization in the United States. We wield the power of law and the strength of partnership to protect people's health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. press contacts Sandra Moguel, AIDA, [email protected] (Spanish and English) Kathryn McGrath, Earthjustice, [email protected] (English) Guillermo Zúñiga, Earthjustice, [email protected] (Spanish)
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Right to a healthy environment global coalition wins UN Human Rights Prize
Manila (PHP), Geneva (CH), Casablanca (MAR), New York (US), Mexico City (MX), Buenos Aires (ARG) — Today, the Global Coalition of Civil Society, Indigenous Peoples, Social Movements, and Local Communities for the Universal Recognition of the Human Right to a Clean, Healthy, and Sustainable Environment was recognized as one of the recipients of the prestigious 2023 United Nations Human Rights Prize. The coalition is awarded for its essential role in advocating for the recognition of the right to a healthy environment by the UN General Assembly (UNGA) in July 2022. The UN Human Rights Prize is awarded once every five years to several recipients at a time. This year is the first time that it has been granted to a global coalition. The prize will be presented in New York on December 10, which also marks the 75th anniversary of the Universal Declaration of Human Rights, making this recognition even more special. This achievement was only possible thanks to tireless efforts that began decades ago and resulted in thousands of people from all across the globe joining forces to achieve a milestone: the recognition by the United Nations of the human right to a clean, healthy, and sustainable environment. First and foremost, the award highlights the importance of collaborating to advance the much-needed protection of our planet and fulfillment of human rights. Alone, no organization, movement, or person would have been able to achieve the universal recognition of the right to a healthy environment. Together, a diverse global coalition made this a reality. Furthermore, the prize recognizes the need to protect participatory spaces for everyone. As civic spaces are worryingly shrinking and many human rights and environmental defenders are under attack worldwide, the award sends a strong reminder: It is essential to respect and strengthen spaces for participation and collaboration. The protection of civic spaces and the respect and support for all human rights defenders is essential for the effective implementation of this newly recognized right. The right also is an integral component of environmental justice and democracy and provides a seamless path to protecting the rights of future generations. This announcement arrives just a few days ahead of the July 28 anniversary of the UNGA’s recognition of the human right to a clean, healthy, and sustainable environment. Since then, millions have continued to experience the cumulative and accelerating impacts of the triple planetary crisis of biodiversity loss, climate change, and pollution, exacerbated by systemic inequalities, that is contributing to ongoing violations of the right to a healthy environment around the world. This prize emphasizes that today more than ever, States must make this right a reality. It is both a recognition and a call to action for governments, businesses, institutions, and people worldwide to ensure that the right to a clean, healthy, and sustainable environment is effectively guaranteed and legally protected so that it can be enjoyed by all. Read the reactions from the members of the coalition here. press contact: Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107
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Agreement reached to advance High Seas Treaty
New Treaty agreed to protect half the planet but formal adoption still required. Late this evening governments meeting at the United Nations in New York reached agreement on key substantive issues for a new treaty to protect high seas marine life. To ensure this hard won progress is not lost, The High Seas Alliance is calling for the UN to conclude the formalities of adoption as soon as possible in the final resumed session. "Following a two week long rollercoaster ride of negotiations and super-hero efforts in the last 48 hours, governments reached agreement on key issues that will advance protection and better management of marine biodiversity in the high seas," said Rebecca Hubbard, Director of the High Seas Alliance. The high seas, the area of ocean that lies beyond countries’ national waters, is the largest habitat on Earth and home to millions of species. With currently just over 1% of the high seas protected, the new treaty will provide a pathway to establish marine protected areas in these waters. It is also a key tool to help deliver the recently agreed Kunming-Montreal target of at least 30% protection of the world’s ocean by 2030 that was just agreed in December- the minimum level of protection scientists warn is necessary to ensure a healthy ocean. But time is of the essence. The new Treaty will bring ocean governance into the 21st century, including establishing modern requirements to assess and manage planned human activities that would affect marine life in the high seas as well as ensuring greater transparency. This will greatly strengthen the effective area-based management of fishing, shipping and other activities that have contributed to the overall decline in ocean health. The issue of sufficient financing to fund the implementation of the treaty, as well as equity issues surrounding the sharing of benefits from marine genetic resources was one of the key sticking points between North and South throughout the meeting. However, right up to the final hours of the meeting, governments were able to land an agreement that provided for equitable sharing of these benefits from the deep sea and high seas. "It’s been a very long journey to get to a treaty. We will be looking to the 52 states that make up the High Ambition Coalition to lead the charge to adopt, ratify and identify important high seas areas to protect," said Hubbard. High Seas Alliance Member Quotes Gladys Martínez de Lemos, Executive Director, Interamerican Association for Environmental Defense (AIDA): "Governments have taken an important step that strengthens the legal protection of two-thirds of the ocean and with it marine biodiversity, the livelihoods of coastal communities and global food sovereignty. The agreement sets out a path for establishing areas of high and full protection on the High Seas, as well as for the environmental assessment of projects and activities that may harm this vast area." Laura Meller, oceans campaigner, Greenpeace Nordic: "This is a historic day for conservation and a sign that in a divided world, protecting nature and people can triumph over geopolitics. We praise countries for seeking compromises, putting aside differences and delivering a treaty that will let us protect the oceans, build our resilience to climate change and safeguard the lives and livelihoods of billions of people. We can now finally move from talk to real change at sea. Countries must formally adopt the treaty and ratify it as quickly as possible to bring it into force, and then deliver the fully protected ocean sanctuaries our planet needs. The clock is still ticking to deliver 30x30. We have half a decade left, and we can’t be complacent." Matthew Collis, Deputy Vice President for Policy, IFAW: "The agreement of a new Treaty to conserve the high seas is a wonderful way to celebrate World Wildlife Day for ocean animals and their high seas homes. IFAW congratulates governments on this significant step, which charts a course to protect 30% of the ocean by 2030. To achieve 30x30, governments must now adopt, ratify and implement the new Treaty without delay." Minna Epps, Director of Global Marine and Polar Programme, IUCN: "The High Seas Treaty opens the path for humankind to finally provide protection to marine life across our one ocean. Its adoption closes essential gaps in international law and offers a framework for governments to work together to protect global ocean heath, climate resilience, and the socioeconomic wellbeing and food security of billions of people." Lance Morgan, President, Marine Conservation Institute: "Coming on the heels of the Global Biodiversity Framework, this historic agreement is a huge step towards ensuring marine protected areas in the High Seas and reaching 30x30." Lisa Speer, Director of the International Ocean program, Natural Resources Defense Council (NRDC): "This text provides the basis for protecting key biodiversity hotspots in the high seas. We now have a pathway to achieve the goal of meaningfully protecting at least 30% of the ocean by 2030, a goal that scientists tell us is crucial to maintaining ocean health in the face of ocean warming, acidification and other impacts of climate change. Now let’s get started." Fabienne McLellan, Managing Director, OceanCare: "This Treaty will be the game-changer the ocean urgently needs. We particularly welcome the conservation focused elements, such as environmental impact assessments. EIAs are one of the most effective and important mechanisms to prevent, mitigate and manage harmful activities in cases where there is severe harm to marine life through, for instance, underwater noise pollution. While we advocated for more ambition in the EIA provisions, these requirements will nevertheless strengthen ocean conservation." Susanna Fuller, VP Conservation and Projects, Oceans North: "Following the Kunming Montreal Agreement, which sets out a global path for biodiversity protection, this treaty will bring a similar ambition to the high seas. Because Canada’s waters are bounded by three international ocean basins, it has an outsized role in ensuring that the treaty is fully implemented, once formally adopted." Liz Karan, Director of Ocean Governance project, Pew: "The effective implementation of this landmark treaty is the only pathway to safeguard high seas biodiversity for generations to come and provides a pathway for nations to fulfill the 30 by 30 target. Governments and civil society must now ensure that the agreement is adopted and rapidly enters into force." Christopher Chin, Executive Director, The Center for Oceanic Awareness, Research, and Education (COARE): "With this finalized text, the world is now one great step closer to embracing the importance of the High Seas, and to achieving the 30x30 objectives. Once adopted, however, member States must still ratify the treaty, and we call upon them to do so swiftly." Andrew Deutz, Director of Global Policy, Institutions & Conservation Finance, The Nature Conservancy: "While the treaty leaves room for improvement, we should nevertheless celebrate the fact that –after more than a decade of discussions and three concerted attempts to wrestle it across the line – we finally have a global framework in place for the conservation and sustainable use of biodiversity for almost half of our planet’s surface. Whether this has arrived in time to slow the accelerating ecological crisis happening in our ocean will depend on how quickly countries can ratify the treaty at national level and start mainstreaming ambitions like 30x30 into both their own decision-making, and that of the global bodies which manage human activity on the high seas. If they can do so swiftly, putting people and planet above politics, we may yet have a chance to move beyond the damaging status quo and into a new era of nature-positive stewardship for this most critical of ecosystems." Farah Obaidullah, Ocean Advocate and Founder, Women4Oceans: "This is an historic moment for humanity and for the protection of all living beings in our global ocean. A rare and welcome moment of hope for all of us rightfully concerned with the state of the world. Almost half our planet will now have a chance of some sort of protection from the ever-increasing onslaughts to the ocean. This treaty comes not a moment too soon. With the climate and global wildlife crises worsening and a reckless new industry of deep-sea mining on the horizon, we cannot afford any delays in putting this treaty into force." Press contacts: Patricia Roy (EU), +34 696 905 907 Michael Crocker (US), +1 (207) 522-1366 Mirella von Lindenfels, + 44 7717 844 352 Julio Whalen-Valeriano (UN), +1 (850) 292-4689
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Decision time for world’s governments on new global treaty for the ocean
New York: Today governments resume negotiations at the United Nations in New York to finalize a new High Seas Treaty to ensure the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction. The two-week Intergovernmental conference is taking place from 20 February to 3 March 2023 and is a resumption of negotiations from August 2022, when governments ran out of time. Covering half of the planet, the High Seas support vibrant marine ecosystems, life that is vital to the global food supply, and the planet’s climate system. However, it has been plagued by poor or patchy governance, and with only 1.2% protected, vast High Seas areas are open to unsustainable exploitation. This new treaty aims to address these shortcomings and offers a historic opportunity to put in place game-changing new measures for the ocean, including establishing highly and fully protected areas and strengthening assessment and management of human activities. The recent global commitment to protect at least 30% of the ocean by 2030 (the “30x30” goal) offers an ambitious backdrop for ensuring this new treaty provides the legal tools to turn the target into a reality. The pressure is now on governments to ensure the treaty that is finally agreed upon will be ambitious enough to result in a healthy ocean rather than a degraded one. Key issues that still need to be addressed at the meeting include: measures to ensure that the new treaty can deliver effective new marine protected areas rather than “paper parks”; safeguards to avoid harm arising from human activities affecting the high seas and the deep seabed; a strong institutional framework to ensure effective implementation and compliance; decision-making rules to avoid enabling one or two countries to block progress; and critical finance and equity issues related to capacity building and the sharing of benefits from marine genetic resources. "We came frustratingly close to getting this treaty over the line in August at what was supposed to be the final round of negotiations. With the accelerating climate and biodiversity crises, time is not a luxury we have to put ocean health back on track," said Sarah Bevis from the High Seas Alliance. "This time round we need to seize the moment and get an ambitious treaty over the finish line, so we can roll up our sleeves and work on the crucial tasks of getting the treaty ratified and implemented." Additional Quotes from High Seas Alliance member organizations: Dr Laura Meller, Oceans Campaigner and Polar Advisor, Greenpeace Nordic said: "The oceans support all life on Earth. Their fate will be decided at these negotiations. The science is clear. Protecting 30% of the oceans by 2030 is the absolute minimum necessary to avert catastrophe. It was encouraging to see all governments adopt the 30x30 target last year, but lofty targets mean nothing without action." "This special session taking place so soon after the last round of negotiations collapsed gives us hope. If a strong Treaty is agreed on the 3rd of March, it keeps 30x30 alive. Governments must return to negotiations ready to find compromises and deliver an effective Treaty. We’re already in extra time. These talks are one final chance to deliver. Governments must not fail." Trevor Jones, Campaign Manager, Only One said: "Without protections for the high seas, we cannot hope to have a healthy ocean, and without a healthy ocean we put marine life, coastal livelihoods, and global food stability at grave risk. Millions of people from around the world have spoken out: They want a strong High Seas Treaty, and they’re counting on their leaders to finally get the job done." Liz Karan, Director of Pew’s Ocean Governance Project said: "The high seas support diverse marine life and unique ecosystems critical to the health of our ocean and planet. Countries must seize this opportunity to finalize a robust high seas treaty to establish highly protected, cross sectoral high seas MPAs for the benefit of current and future generations." Jennifer Morris, CEO of The Nature Conservancy said: "Ensuring legal protection for the vast areas of open ocean beyond national jurisdiction, and actively acknowledging the importance of addressing this situation, is a pivotal step in moving toward our ambitious ‘30x30’ target in the new UN Global Biodiversity Framework. Ensuring a successful outcome from the New York negotiations, in the form of a formally agreed and legally binding High Seas Treaty, is imperative to meet the collective commitment to conserve 30% of the Earth’s ocean this side of 2030." Gladys Martínez, Executive Director of the Interamerican Association for Environmental Defense (AIDA) said: "The high seas urgently needs a governance framework. We look forward to states concluding a strong and ambitious treaty during these two weeks." Fabienne McLellan, Managing Director OceanCare said: "We have high hopes that governments will find a way to finalize the High Seas Treaty during the resumed session of IGC 5. Countries must understand that it would be grossly negligent to once again fail to conclude an agreement to conserve marine diversity in areas beyond national jurisdiction. The climate and biodiversity crises are in full swing, and the ocean is our ally, not an infinite resource to be exploited. It is not only important that the Agreement is finalized, but what is agreed needs to make a tangible difference in protecting biodiversity. Against this backdrop, it is difficult to imagine that no agreement will be reached - the agreement is vital for marine biodiversity, a healthy ocean and thus also for us humans". PRESS CONTACTS Patricia Roy, + 34 696 905 907 - CET Mirella von Lindenfels, +44 7717 844 352 - EST
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Swiss OECD Point of Contact calls on Glencore to comply with due diligence on coal mine in Colombia
Switzerland’s National Contact Point (NCP) for the Organization for Economic Cooperation and Development (OECD) recommended that the multinational as the sole owner of the Cerrejón mine in Colombia ensure “its policies and due diligence measures promote responsible business conduct at Cerrejón” in its final statement on the complaint filed against Glencore. The NCP further implored Glencore to maintain a dialogue with NGOs and representatives of the indigenous Wayúu and Afro-Colombian communities affected by the mine's operations. In January 2021, a coalition of national and international organizations—comprised of GLAN, CAJAR, AIDA, CINEP, Ask! ABColombia and Christian Aid Ireland—filed five complaints with the OECD NCPs in Ireland, the United Kingdom, Switzerland, and Australia to denounce the various detrimental impacts of the Cerrejón mine, operated by Carbones del Cerrejón. The coalition detaile the disastrous impacts on the lives and human rights of the indigenous, Afro-descendant and other rural populations of La Guajira resulting from operation of the Cerrejón mine and Carbones de Cerrejón’s lack of due diligence in its operations, leading to non-compliance with OECD guidelines for multinational companies. The coalition filed the complaints against ESB (Electricity Supply Board), the Irish state-owned company that buys coal from the Cerrejón mine; CMC (Coal Marketing Company), based in Dublin, Ireland, which markets the coal from Cerrejón, and the multinational mining companies that jointly own Carbones del Cerrejón: BHP, Anglo American and Glencore. In response to the coalition’s complaints, the Swiss NCP noted that "the Australian and British NCPs will publish, in accordance with their rules of procedure, Final Statements regarding BHP and Anglo American respectively.” The complaints in Ireland are still pending. The Swiss NCP’s statement did not address the main duty of its mandate—to ensure the implementation of the OECD Guidelines for Multinational Enterprises. Instead, the Swiss NCP statement merely reiterated generic existing duties and did not make substantive recommendations in response to the details or the gravity of the Cerrejón’s human rights abuses and violations documented in the complaint. The Swiss NCP conducted its review with serious irregularities and asymmetries in its treatment of the parties. The Swiss NCP failed to provide the affected Wayuu indigenous and Afro-descendant communities with access to information about the review or any guarantees of participation in the review. These asymmetries and irregularities resulted in Glencore’s impunity for the serious human rights violations committed by the mining operations of Carbones del Cerrejón. Our coalition eventually chose to withdraw from the process in protest of the Swiss NCP’s disfavorable treatment of the coalition and favorable treatment of Glencore. Our experience with the Swiss NCP highlights how the complex web and architecture of impunity and asymmetry in international processes favors multinational companies, resulting in abysmal gaps in justice for victims of multinational companies’ human rights abuses and violations. Given the enormity of the Swiss NCP’s incompetence, negligence, and inconsistency in its functions, we reject the NCP’s final statement which suggests that GLAN and the coalition members are to blame for failure of the mediation process. In this statement, the NCP ignores the impacts of its own deficiencies on the mediation process. The way the Swiss NCP in structured the mediation process placed a greater burden on the complainant’s ability to access and participate in the mechanism than on Glencore. Despite these disadvantages, the coalition participated with the utmost diligence and good faith throughout the entire procedure. The Swiss NCP’s incompetence in this instance is part of its pattern of favoritism of multinationals. For example, the Swiss NCP mishandled the complaint against Sygenta for its harm to farmers in India. The NCP's improper practices led Marcos Orellana, UN Special Rapporteur on Toxic Substances and Human Rights, to state that the Swiss NCP set “a bad precedent that underlines the weaknesses of the National Contact Points for the OECD Guidelines.” Because the Swiss legal accountability mechanisms do so little to regulate the conduct of Glencore—a company with a history of corruption and serious allegations of human rights abuses and violations associated with its global activities—the Swiss government is implicated in Glencore’s abuses. Although the OECD guidelines are voluntary for companies, countries that adhere to guidelines make a binding commitment to implement them. The Swiss NCP's inadequate handling of this complaint and the Swiss government’s failure to comply with its functions and the obligations relating to respect for human rights, leads us to question degree of the Swiss government’s complicity in these abuses and how this complicity creates an environment of tolerance for corporate violations and abuses. What is clear is that the OCED’s voluntary mechanism has become a way to mask corporate violations and facilitate corporate impunity. Although the Swiss government does not grant real and effective access to justice for victims of Glencore’s violations as an investor in Carbones del Cerrejón, Glencore is able make use of its guarantees as an investor—as established in the Foreign Investment Protection Agreement between Colombia and Switzerland—to sue the Colombian government over a court ruling that protected the human rights of the Wayuu people from Carbones del Cerrejón’s actions. In the face of this asymmetry in justice between the parties, it is concerning that Colombia choses to maintain this agreement. We reiterate the inadequacy of non-judicial mechanisms to hold multinational corporations accountable. Cases such as this highlight the need for binding due diligence legislation and a treaty regarding companies and human rights that includes real accountability for abuses resulting from seemingly unlimited transnational corporate power. Signed: Interamerican Association for Environmental Defense (AIDA) José Alvear Restrepo Lawyers' Collective (CAJAR) Center for Research and Popular Education (CINEP) Christian Aid ASK ABColombia Global Legal Action Network (GLAN) press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +525570522107
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Organizations, coalitions, academia, and specialists support victims of toxic contamination in La Oroya
Experts filed 15 amicus briefs before the Inter-American Court of Human Rights upholding the central argument of the case: that the government of Peru is responsible for violating the human rights of residents of La Oroya for the lack of urgent and effective actions to address pollution from a metal smelter, and its harmful effects. San José, Costa Rica. Organizations, coalitions, academia, and specialists presented 15 legal briefs (Amicus curiae) before the Inter-American Court of Human Rights to support the case of residents of La Oroya against the government of Peru, for human rights resulting from a metal plant spewing toxic pollution into the Andean city for nearly 90 years. The briefs contain solid evidence that support the central argument of the case: that the Peruvian government—by not taking urgent and effective action to address the pollutions and its effects—is responsible for the violation of the rights to life, health, personal integrity, childhood, and a healthy environment of the residents of La Oroya. This argument as expressed in a public audience on October 12 and 13, when the international court heard from witnesses, experts, victims, and government representatives. The briefs, sent to the Court between October 11 and 28, demonstrate that the importance of the case surpasses the Peruvian context and represents a historic opportunity to establish a key precedent in Latin America, and the world, that strengthens the right to a healthy environment and government’s role supervising business activities. One of the briefs was presented by the University Network for Human Rights in partnership with a panel of experts: five former authorities from the Inter-American Commission on Human Rights (Tracy Robinson, James Cavallaro, Paulo de Tarso Vannuchi, Flávia Piovesan and Paulo Abrão) and three former Special Rapporteurs to the United Nations (John Knox, James Anaya, and Juan Méndez). Briefs were presented by Peruvian organizations— including the Technical Committee for Environmental and Human Health and the Civil Society Platform on Business and Human Rights—as well as from other countries in Latin America—the Mexican Center for Environmental Law (Mexico), Defensoria Ambiental (Chile), and Justice for Nature (Costa Rica)—and international organizations such as Earthjustice and The Center for Justice and Environmental Law. Furthering the international scope of the hearing, The Working Group for Strategic Litigation of Red-DESC and the United Nations Working Group on Business and Human Rights. From the academic sector, support came from the Human Rights Research and Education Center of the University of Ottawa (Canada), the Clinic for Human Rights of the Postgraduate Law School of the Pontificia Catholic University of Paraná (Brazil), and the Legal Clinic of Environmental and Public Health of the University of the Andes (Colombia). Other writings were presented by experts on the issues that the case addresses: David R. Boyd, Special Rapporteur to the UN on human rights and the environment, medical anthropologist Susana Ramírez, and attorneys Carla Luzuriaga-Salinas, Macarena Martinic Cristensen, and Ezio Costa Cordella. Following the hearing and the briefs, the next step in the legal process is to present written closing arguments a potential visit to La Oroya by the judges from the Court. The sentence, which cannot be appealed, is expected within six months. press contact Víctor Quintanilla (Mexico), AIDA, [email protected], +525570522107
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Global South statement on climate finance ahead of COP27
COP27 must reach agreements for an equitable, sufficient and sustainable finance that ensures a just transition. The 26th Conference of the Parties (COP26) of the United Nations Framework Convention on Climate Change (UNFCCC), held in Glasgow, Scotland, was one of the most important conferences for the climate finance agenda. Relevant issues of climate finance, such as access, balance and long-term vision, were at the heart of the finance agenda. Moreover, the already complex discussions were exacerbated in the context of COVID-19 pandemic, causing a growing need for financing in developing countries, particularly in the most vulnerable regions. In this regard, COP27 must take up and agree on pending discussions to move forward with firm steps towards the implementation of the Paris Agreement, which mandates "to make financial flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development ". The most important aspects that countries must agree on at COP27 in Sharm el-Sheikh, Egypt, are: 1. Financing for a just transition, with a climate justice and gender focus: The Glasgow Pact integrates the concept of climate justice for the first time, but does not associate it with the issue of financing. Therefore, it is essential for COP 27 to recognize that finance is a fundamental means of implementation to achieve a just transition. Resources must be allocated with a climate justice and gender focus to foster an adequate distribution of finance that does not increase gender gaps, that is equitable across regions with a thematic balance. 2. Delivering on the $100 billion goal: At COP26, developed countries presented a progress report on the delivery of the $100 billion goal, which shows that the pledge is still not being met. COP27 should serve not only to present the progress made, but also to agree on a delivery plan that will make it possible to know the timing and instruments through which the financing will be transferred, which should not be less than US$500 billion for the period between 2020-2024. 3. Global stocktake and finance: Discussions at COP 27 on the global stocktake should lead to a better connection between needs and financial flows, as well as access to finance schemes, and address all the obstacles that allowed the adequate mobilization of resources in developing countries. 4. Increased funding for adaptation: At COP26, countries agreed to double adaptation finance by 2025, based on 2019 levels. At COP27, developed countries must present a satisfactory plan regarding how financing for adaptation will be doubled, and establish an ambitious goal to achieve a balance between mitigation and adaptation finance. This goal should aim for at least a 10-fold increase in adaptation finance and the plan should clearly include targeted support for the Adaptation Fund. 5. Financing for loss and damage: COP27 should be a milestone for loss and damage finance, achieving agreement on mechanisms to transfer financial resources to countries with the highest needs. On one hand, it is necessary to agree on the creation of a facility that will allow the establishment of medium and long-term goals in this matter. On the other hand, it is also necessary to establish a programmatic scheme in which the countries commit a percentage of their annual allocations to finance losses and damages. This funding should be additional to that earmarked for mitigation and adaptation. 6. A new collective quantified goal based on needs: The technical and high-level deliberations on the new collective quantified goal on climate finance should be based on the recognition of the current financial needs of developing countries. Support schemes for those that have not quantified their needs should be agreed, so that this information can be incorporated in the next 12 months, towards the 2024 negotiations. 7. Improved access to climate finance: At COP27, mandates should be established for multilateral financial mechanisms to make access to climate finance by local actors easier, faster, and more efficient, creating emergency windows in the event of crises, such as the COVID-19 pandemic. Financial mechanisms such as the Green Climate Fund should innovate in their access schemes, particularly for the most vulnerable populations. 8. Decarbonization of public finances: COP27 must recognize that achieving a just transition and complying with Article 2.1.c of the Paris Agreement entail decarbonizing public finances, both in developed and developing countries. For developing countries, this means accelerating the reduction of their dependence on carbon-intensive revenues, such as those from oil, gas and mining concessions, and the sale of gasoline, diesel and natural gas. A fundamental step is to end fossil fuel subsidies and diversify revenues by promoting domestic investments that support a just economic transition, generating new jobs and revenues to invest in national and local needs 9. Debt restructuring and debt-for-nature swaps: At COP27, the importance of mechanisms such as debt-for-nature and climate swaps should be recognized as a way to mobilize more climate finance. The external debt burden is preventing many countries from investing domestic resources to address the problem. International financial institutions and developed countries should facilitate debt restructuring, including debt-for-protection schemes, as a way to mobilize more climate finance, allowing developing countries to invest these resources to reduce emissions and increase resilience by protecting biodiversity, ecosystems and all livelihoods for global benefit. 10. Towards transformational finance: COP27 should mark a milestone in the understanding and mobilization of climate finance, starting with the assumption that current climate finance schemes will not help change the condescending dynamics that have existed within the framework of international cooperation. Combating climate change requires the transformation of economic systems, real collaboration and solidarity, in which it is not only the amount of finance mobilized that matters. The quality of these resources should beequally important to ensure finance reaches those that need it the most, without generating additional burdens on women and vulnerable groups. It is time to transform the finance paradigm to make it more effective, fair and truly sustainable. Adhere to: AIDA Barranquilla +20 CEMDA Chile Sustentable Defensoría Ambiental Fernando Aguilera Fundación Hábitat Verde Fundación Plurales GFLAC Hub’s de Finanzas Sostenibles de GFLAC Instituto de Derecho Ambiental y Desarrollo Sustentable (IDEADS) Instituto Talanoa La Corporación La Caleta OLAC Plataforma CIPÓ Red Mundial de Jóvenes Políticos - Santa Cruz Bolivia
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With La Oroya case, the Inter-American Court may set a key precedent for protecting a healthy environment in Latin America
On October 12 and 13, the international court will hear the case of people affected by toxic pollution in La Oroya, Peru. Beyond reestablishing the rights of the victims, the court’s eventual decision marks an historic opportunity to strengthen the protection of the right to a healthy environment in the region and to encourage States to adequately supervise corporate activities. Montevideo, Uruguay. On October 12 and 13, the Inter-American Court of Human Rights will hear the case of residents from La Oroya, Peru, whose fundamental rights have been violated for decades due to heavy metal contamination from a metal smelting complex. The hearing will take place during the 153rd Session of the Court, to be held October 10-21 in Montevideo, Uruguay. Last October, 15 years after the international lawsuit against the Peruvian State was filed, the Inter-American Commission on Human Rights—in it’s decision on the merits of the case—established the Peruvian government’s international responsibility in the violation of the human rights of the residents of La Oroya, and referred the case to the Inter-American Court. At the hearing next week, as part of the process of drafting their ruling, the judges of the court will hear from witnesses, experts, and victims, as well as from State representatives. As organizations that have legally represented and accompanied the group of victims since the beginning of the case, the Interamerican Association for Environmental Defense (AIDA) and the Pro Human Rights Association (APRODEH) will bring to the court strong arguments, supported by legal and scientific evidence, to defend the rights of the affected people. After a decades-long search of justice, the case is important not only for the community of La Oroya, but for all people affected by corporate activities across the continent. In addition, the case is representative of a serious political, social and environmental situation that has not been considered by national, regional and international politics. The current conditions prevent the citizens of La Oroya from having healthy prospects for the future. There exists a real need for justice and mobilization to generate a strong recognition of economic and environmental alternatives for the direct and indirect victims. Liliana Avila, senior attorney at AIDA, explains the context of the case and emphasizes the importance of a favorable and forceful decision by the court: "The La Oroya case before the Inter-American Court puts an end to more than 20 years of waiting in the search for justice and reparations for those whose lives were drastically changed by historic exposure to toxic contamination. It is a milestone for the Inter-American Human Rights System because it will be one of the first cases to centrally address the indivisible relationship between a healthy environment and other fundamental human rights such as life, health and personal integrity. It constitutes a unique opportunity to set a regional and global precedent for the protection of the right to a healthy environment and compliance with the obligations of States to adequately supervise corporate activities, as well as to guarantee the special protection of children, girls, women, the elderly and other vulnerable groups.” Gloria Cano Legua, executive director of APRODEH, refers to the urgency of a decision that grants justice and reparation to the people of La Oroya: "The victims have had to see how the State, through various governments, has disregarded its obligations, while their health problems have worsened. The indifference and sometimes hostility with which they have been treated has offended their dignity". PReSS CONTACTS: Víctor Quintanilla (AIDA), [email protected], +525570522107 Gloria Cano Legue (APRODEH), [email protected], +51 964 809 193 Christian Huaylinos Camacuari (APRODEH), [email protected], +51 959 789 232
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