Project
Photo: Alberto Peña KayProtecting the Santurban Páramo from mining's damages
In the Andean region, high-altitude forests and wetlands called páramos capture water from fog and supply it to lowlands. In Colombia, nearly two million people rely on the Santurbán páramo for their freshwater supply.
Healthy páramos also capture large amounts of carbon, mitigating climate change, and provide refuge for hundreds of threatened species, including the iconic spectacled bear.
The land in and around the Santurbán páramo contains gold and other minerals. A Canadian corporation, Eco Oro minerals, wants to build a gold mine that would leak large amounts of cyanide and arsenic into the water coming from the páramo.
AIDA’s advocacy helped to convince the Colombian government to:
- Deny an environmental license for the Angostura mine in May 2011.
- Protect, in 2013, 76 percent of the Santurbán páramo from industrial activities—a much larger percentage than originally proposed
Together with our partners, AIDA advocated for the World Bank's divestment from the Angostura mining project, which we achieved in December 2016.
We also supported litigation that led Colombia’s highest court to reaffirm in February 2016 that mining in páramos is prohibited.
However, 24 percent of the Santurbán remains unprotected because it was not officially designated a páramo during the government's delimitation process, which was invalidated by a court system in November 2017 due to failure to consult with affected communities.
The government must now realize a new delimitation process in consultation with residents of the area. Meanwhile, the threats to Santurbán continue, with Eco Oro still angling to build its mine and another mining project seeking establishment nearby.
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Giving People a Voice on Hydropower Projects
Hydropower projects are on the rise in Latin America as governments seek to feed growing economies. But at what cost? The plants may harness the energy capacity of running water, a renewable resource. But poorly planned and implemented dams, especially large ones, can bring myriad harms to the environment and communities. They affect fish and water quality, and they increase emissions of methane, a gas that contributes to global warming. Flooding displaces people from their homes and communities. This costs them their jobs as farmers, fishermen and hunters – and for ethnic and peasant communities, even their cultures and traditions. AIDA works with individuals and communities to protect them from poorly conceived and developed projects by using the law to defend their right to a healthy environment. This month AIDA and other organizations submitted a brief (in Portuguese) to Brazil’s Supreme Federal Court. The information demonstrates that congressional approval of the Belo Monte Dam in 2005 is illegal because the government didn’t guarantee the affected communities in the Amazon their right to consultation and free, prior and informed consent. Some meetings were held after approval of the project, and then with just scant and incomprehensible information in foreign languages for the communities. There was also little forewarning to attend. It was like telling you that your front yard is to become a street after the diggers have already started removing the lawn. The dam – which is to be the world’s third largest – is under construction and already displacing people without anyone giving them a chance to say no to the project in their own front yard. This is the first time that our combined efforts have reached the Supreme Court for a final decision on Belo Monte, said AIDA attorney María José Veramendi Villa. If the court rules against the legality of the project, then construction will have to stop and the harms righted for failing to consult the communities beforehand. If the opposite happens, the project will continue – and so will we. We will continue to provide assistance to the Brazilian Prosecutor’s Office as it pursues more than a dozen other cases against Belo Monte. These are cases that can also advance to the highest court with the goal of protecting communities from this and other dams in the Amazon. Our efforts to help communities fight dam projects are gaining attention. The Personería of San Carlos (the municipal ombudsperson), a town in northwestern Colombia, contacted AIDA to provide expertise in international environmental and human rights law. They want help in preventing the granting of a license for construction of the El Porvenir II Dam on the Samaná Norte, the last undammed river in the area. AIDA attorney and human rights and the environment fellow, Ana María Mondragón, went there to speak at a public environmental hearing for the project. The good news is that the dam has yet to be approved, meaning that there is still time for the communities to find out what could happen and voice their concerns. The government will have to take the community input into consideration before approving the project, with the possibility that the developer may have to amend construction plans – or abandon them altogether. El Porvenir II will affect fishing, a main source of work and food for the largely poor people in San Carlos. It will also flood an area where many Colombians are seeking to recover the lands that they were forcibly displaced from as result of an internal armed conflict that started more than five decades ago. “We have entered at an early stage, before the project has been approved,” said Mondragón. “We intervened in the hearing to show the inconsistencies in the environmental impact assessment made by the company and the harms that the Porvenir II dam would have in the community. We hope this will help the authorities in their decision-making process to not grant the license.” With your help, we can keep assisting Latin American communities free of charge to exercise their right to say what happens on their land and defend themselves with the law.
Read moreOrganizations submit amicus curiae brief to Brazil’s Supreme Federal Court, demonstrating that Congressional authorization of the Belo Monte Dam is illegal
The authorization violates national and international law because the communities affected by the project were not consulted. Construction of the dam continues, causing harms to people, communities and the ecosystem of the Brazilian Amazon. Brasilia, Brazil. Construction of the Belo Monte Dam continues. Meanwhile, biodiversity and the communities of the area already suffer severe damage. Civil society organizations submitted to the Supreme Federal Court an amicus curiae (in Portuguese) (friend of the court) brief that demonstrates that the Congressional decree authorizing the controversial dam is illegal because the government didn’t consult with the affected communities. The brief contains national and international law arguments for the protection of the environment and human rights. The arguments support a legal action filed by the Federal Prosecutor’s Office (Ministério Público Federal), which seeks a Supreme Federal Court ruling that annuls the decree. The Interamerican Association for Environmental Defense (AIDA) prepared the document in cooperation with the Centro de Estudios de Derecho, Justicia y Sociedad (DEJUSTICIA), Instituto Socioambiental (ISA), la Associação Indígena Yudjá Mïratu da Volta Grande do Xingu (AYMÏX) and the Conselho Indigenista Missionário (CIMI). "The Belo Monte project was approved without the State having consulted and obtained the consent of the affected indigenous communities and traditional populations. This, alongside the environmental degradation that began with construction, has placed the individuals and communities in a situation of extreme vulnerability," explained AIDA’s attorney, María José Veramendi Villa. By not guaranteeing the right to free, prior and informed consent of the affected communities before authorizing the project, Congress violated the Brazilian Constitution and Convention 169 of the International Labor Organization (ILO). Even though public information meetings about the project were held, they did not constitute prior consultation because they were held after the project was approved. Additionally, information provided in the meetings was not translated into indigenous languages. Not all the affected people had access to the meetings and those who did received incomplete and last minute information about the project. As well as the issues related to free, prior and informed consultation and consent, the document reinforces the Federal Prosecutor’s arguments with regard to the right to access to justice. This right was violated when the government used a law known as Suspension of Security to suspend lower court decisions against the project and favorable to the affected population, ostensibly to protect public security and the economy. "If the Supreme Federal Court issues a favorable decision, the Brazilian State will have two obligations. Not only will it have to suspend the authorization it gave for the dam’s construction, but also it will have to remedy the past and ongoing harm inflicted on indigenous communities and other populations affected by Belo Monte," said Dejusticia’s international director, César Rodríguez Garavito. "Traditional populations affected by the dam are living in unacceptable conditions for democratic times. There is a judicial decision that recognizes that the right to prior consultation was violated, but at the same time another, preliminary and provisional, decision that authorizes construction to move forward," said Leonardo Amorim, an attorney with Instituto Socioambiental. "Consequently, this population suffers worsening health conditions and invasion of their lands. We hope that the Supreme Federal Court rejects this situation." This past Tuesday, the Xingu Alive Forever Movement (MXVPS), with the support of several organizations, requested a hearing (in Portuguese) with the President (Chief Justice) of the Supreme Federal Court to demand an immediate decision in this legal action, as well as in others that challenge large hydroelectric projects in the Amazon.
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Our fight to protect the coral reefs and mangroves of Mexico goes beyond national borders
Coral reefs, the nurseries of the seas, are vital to the fisheries that provide food for millions of people. Mangrove forests also benefit people: they protect coastal communities from increasingly severe storm surges and help to mitigate climate change by absorbing huge amounts of carbon dioxide. But large infrastructure projects that ignore these benefits threaten some of these vitally important ecosystems. AIDA uses the law to protect coral reefs, mangroves and other wetlands. We have found that it’s not enough to fight at the local level, country by country. AIDA approaches defense at the ecosystem level, which is more effective. We engage in discussions with international authorities, bringing attention to the obligations that countries have to the world to preserve their marine and coastal environments. "What you get with these international legal actions is a strategy that weaves together various aspects of the case: legal, political, scientific and media. So we make the issue relevant not only to local decision makers, but also to international authorities. Public support is generated and consulting or certified experts speak out about it, "said Sandra Moguel, AIDA legal advisor. A prime example of this strategy for environmental protection is a case involving Mexico, a country rich in wetlands. In May AIDA alerted the Secretariat of the Ramsar Convention, an intergovernmental treaty for the protection of wetlands, about the possible breach of Mexico’s international obligations. Mexico’s government is considering approval of the proposed Las Cruces Dam, a hydroelectric project in Nayarit, a state in the country’s northwest. Among other damage, the project would alter the course of the San Pedro Mezquital River, which feeds Marismas Nacionales (National Wetlands), one of the most extensive mangrove systems in North America. National Wetlands are listed as wetlands of international importance under the Ramsar Convention. In 2010, diplomats from the Ramsar Convention recommended that the Mexican government advocate sustainable use of the wetland while assessing the project’s feasibility. We have alerted the Ramsar Secretariat that their recommendations would be ignored if Mexico gives a green light to a project that would irreversibly damage National Wetlands, biodiversity, and the communities that depend on that environment. By drawing the attention of international bodies, AIDA strengthens the efforts of our local partner organizations. AIDA has also employed this strategy to protect the unique Cabo Pulmo coral reef, in Baja California Sur. Since 2012, we have continually reminded the Mexican authorities that both the Ramsar Secretariat and the Unesco World Heritage Committee have asked them to consider the cumulative and indirect impacts of tourism projects proposed near the reef. Our arguments were added to those presented by our partners in Mexico to prevent authorization of Cabo Dorado, a mega-resort that would involve building a new city near the reef. This project is the third that tourism developers have attempted to build next to Cabo Pulmo. Construction would surely be fatal to the reef. In a victory that extends beyond Mexican borders, the government decided on May 29 to deny the environmental permit for Cabo Dorado. With your help, we will continue to bring the voice of local communities to international forums. We will continue to add value and support their struggle to preserve marine and coastal environments that benefit us all. Thanks!
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