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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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Ambition and urgency needed as high seas treaty negotiations near end
New York: With only one week to go in the negotiations for a new Treaty to protect two thirds of the ocean - the High Seas - civil society is raising alarm about the level of urgency and ambition towards a robust outcome for the ocean. A number of States have made public commitments to secure an ambitious Treaty at this final scheduled session, but there is concern that this is not being fully reflected in the formal negotiating room. The High Seas Alliance (HSA) expects more ambition to be shown by the United Kingdom, the European Union, Canada and the United States which have been public champions for the ocean, including at the recent UN Ocean Conference. These delegations support some progressive positions within the Treaty negotiations, but too many appear to be maintaining positions that will not result in the transformation we need for a healthy and productive ocean for current and future generations. Some states and groups are pushing for a strong outcome. CARICOM, (the Caribbean Community), the Pacific Small Islands Developing States, New Zealand, Costa Rica and Monaco are setting the pace for a speedy and effective outcome. This round of negotiations, known as IGC5, is the fifth and final scheduled meeting convened by the UN General Assembly. It is tasked with concluding a Treaty to protect Biodiversity in Areas Beyond National Jurisdiction, which includes the High Seas, and which makes up half the planet, two thirds of the ocean. For decades, the international community has struggled to reach this agreement during which time climate change and biodiversity loss have escalated. The HSA recognises that the “package” of elements under negotiation are intrinsically linked and critical to successful completion of the negotiations. “The greatest opportunity of our generation to show we are serious about protecting the global ocean is now. A strong High Seas Treaty is in reach but more ambition is needed. Governments must stick to their commitment to deliver a truly ambitious Treaty this week and finally move to taking action that will allow the ocean to recover and thrive; for marine biodiversity, Earth’s climate and the well-being of generations to come. There is no more time to waste. - Sofia Tsenikli, Senior Strategic Advisor to the HSA. QUOTES FROM MEMBER ORGANIZATIONS CANADA Susanna Fuller, VP Operations and Projects, Oceans North: "With the longest coastline in the world and as a self-declared ocean champion, Canada plays a vital role in achieving a strong Treaty. We are hoping to see Canada’s ambitions meet the urgent need for biodiversity protection and responsible management for 50% of the planet. With climate change impacts accelerating and biodiversity loss increasing, finalizing and implementing this Treaty cannot come fast enough." LATIN AMERICA Gladys Martínez de Lemos, Executive Director, AIDA (Interamerican Association for Environmental Defense): "Most Latin American countries have publicly stated their commitment to increase marine protected areas by 30% by 2030. This cannot be achieved without an ambitious High Seas Treaty. In addition, 70% of the areas that would not be protected need a high-level environmental impact assessment process with capacity and implementation. During all the negotiations Costa Rica has shown its commitment to a robust and ambitious Treaty. We thanked Costa Rica for its exemplary championship along these years." SOUTH KOREA Jihyun Lee, High Seas Alliance Youth Ambassador and undergraduate student at Yonsei University, South Korea: "Youth and future generations demand a strong and meaningful High Seas Treaty that will effectively protect the ocean. We are calling in unified support for world governments to finally take bold action for our ocean." US Lisa Speer, NRDC: “We applaud the more progressive approach of the United States, which has been a strong advocate for concluding the negotiations in a timely fashion, and for strengthening environmental assessment. However, we need the US to show more leadership to ensure that the new Treaty will result in the creation of a science-based network of fully protected areas in all areas of the High Seas, which scientists tell us is essential to reversing the decline of the ocean." EU + UK Laura Meller, Protect the Oceans campaign, Greenpeace: "It’s deeply concerning that the European Union and UK continue to insist on maintaining a broken status quo when it comes to creating ocean sanctuaries on the High Seas at this round of negotiations. The bloc and the UK must raise their ambition in the last days of negotiations if they truly want to be global ocean champions, and ensure that a strong Treaty which has the power to create properly protected ocean sanctuaries on the High Seas is finalised this week. If they don’t, their fine words in the run up to these negotiations will be little more than empty rhetoric. The oceans are in crisis. We need ambitious, urgent, action before it’s too late." PSID + CARICOM Travis Aten, Programme Officer, HSA: "We continue to applaud the Pacific Small Island Developing States (PSIDS) and the Caribbean Community’s (CARICOM) continued leadership during this negotiation process, notably through their support of robust and ambitious conservation positions. As islands that are surrounded by the ocean, it is clear to them that this Treaty must move beyond the current status quo and implement real change on how we manage biodiversity of the High Seas." Fabienne McLellan, Managing Director, OceanCare: “It is encouraging to see that there is an increased spirit of urgency in the room. Many negotiators are rolling up their sleeves, aware that the world is watching to judge if the rhetoric on ocean commitments made in the lead up to this conference is translating into the Treaty text. While unfortunately some of the Treaty text elements are being watered down, it is not yet too late to make a turn around. Cementing the status-quo and the lowest common denominator is not good enough. We need an ambitious and implementable Treaty. The state of emergency of the ocean demands nothing less. NOTES Covering nearly half of the world’s surface, the High Seas—a true global commons—is only protected by a loose patchwork of poorly enforced rules that are ill-suited to address a growing onslaught of pressures to the water column and seabed below, including climate change, pollution, fishing, and emerging activities like deep-sea mining and bioprospecting. The negotiations began in 2018 and have since benefited from increased scientific and political awareness of High Seas marine life and habitats, as well as the dangers they face from human activities. For instance, until relatively recently, “High Seas” were considered to be largely devoid of life or too remote to face serious threats from overexploitation. Today, scientists have shown that they support marine systems that are vital to the global food supply, terrestrial ecology, and stability of the climate system. SPOKESPEOPLE Latin America Mariamalia Chavez (Spanish, English), [email protected] Gladys Martínez de Lemos (Spanish, English), AIDA, [email protected]
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AIDA applauds recognition of healthy environment as a universal human right
The decision adopted by the UN General Assembly is a call for States to recognize that the defense of the environment is essential for existence on the planet. The historic resolution strengthens longtime efforts to guarantee this right in practice. New York, USA. In a landmark resolution, the UN General Assembly recognized a safe, healthy, clean and sustainable environment as a universal human right. Since this right was absent from then Universal Declaration of Human Rights in 1948, the decision marks a milestone for international human rights law. The resolution endorses language similar to that proposed in October 2021 by the UN Human Rights Council, which issued a draft resolution in June to the 193 members of the General Assembly. Sponsored by Costa Rica, Maldives, Morocco, Slovenia and Switzerland, the universal recognition of the right to a healthy environment was unanimously approved today, by a vote of 161-0. Liliana Avila, senior attorney of AIDA’s Human Rights and Environment Program, responds: "The United Nations recognition is a very important call for States to recognize that the environment involves essential elements without which our existence on the planet would not be possible. Most of the Constitutions in the continent already recognize the healthy environment as a right and citizens claim it daily through different mechanisms. The step taken today undoubtedly strengthens these efforts and advances us towards the construction of societies where this right is a reality." Gladys Martinez de Lemos, Executive Director, states: “Today marks a historic moment, one that enables citizens to demand the creation of measures to guarantee in practice a right that is now universally recognized. At AIDA we celebrate this new tool and reaffirm our 25-year commitment to protecting a healthy environment as a fundamental human right. The UN recognition represents a hope for justice for those who suffer from environmental degradation around the world—people like the residents of La Oroya, Peru, who have for decades breathed polluted air; families in Central America, forced to migrate due to the impacts of the climate crisis; coastal communities in the Caribbean who lost their homes due to the destruction of mangroves and reefs, natural barriers against storms and hurricanes; and the thousands of environmental defenders risking their lives to protect their territories." As a regional organization, AIDA would like to highlight the fact that a Latin American nation, Costa Rica, has led the proposal for recognition before the General Assembly. Its role was key to the result we are celebrating today. We also highlight the hard work of civil society organizations, social movements, local communities and indigenous peoples to promote this recognition. A healthy environment – recognized as a right by more than 150 States around the world – is a prerequisite for the realization of other human rights. Its recognition as a universal human right can lead to more effective laws and policies, and can help to empower local communities in the protection of their territory. Press ConTACT: Victor Quintanilla (Mexico), [email protected], +525570522107
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