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COP21's International Human Rights Day

Programme of Events - December 10, 2015   10:00 - 10:30 Press Conference (Le Bourget, Hall 5, Press Conf. Room 2). Hosted by Office of the High Commissioner on Human Rights. 11:00 - 12:30 Side Event: Fight Climate Change, Eradicate Poverty and Ensure Access to Rights—The Challenge of a Truly Just Transition (Espace Générations Climat, Room 4). Hosted by Secours Catholique - Caritas France and ATD Quart Monde. 11:30 - 13:00 Side Event: Climate Change: One of the Greatest Human Rights Challenges of Our Time (Le Bourget, Hall 4, Observer Room 12). Hosted by the Human Rights & Climate Change Working Group, Geneva Climate Change Concertation Group, CARE International, Center for International Environmental Law, Earthjustice, Franciscans International, Friedrich-Ebert-Stiftung and Human Rights Watch.  13:00 - 13:30 Civil Society Action: Stand Up for Human Rights (Le Bourget, TBD). 13:00 - 14:30 Side Event: Climate Change and Human Rights: Focus on Urban Life, Human Rights and Adaptation to Climate Change (Espace Générations Climat, Room 4). Hosted by European Association of Geographers. 15:45 - 17:00 Photo Exhibition and Film Screening: There Is No Time Left: Climate Change and Human Rights in Turkana County, Kenya (Espaces Générations Climat, Round House and Stand A28). Hosted by Human Rights Watch.  17:30 - 19:00 Side Event: Agir Contre le Climat et Promouvoir les Droits Humains: Solutions Pratiques (Espace Générations Climat, Room 1). Hosted by the Human Rights & Climate Change Working Group and Réseau Climat & Développement. 18:30 - 21:00 Human Rights Day Celebration (Point Ephemere, 200 quai de Valmy 75010 Paris). Hosted by the Tri-Caucus, Accra Caucus, Geneva Group, Human Rights & Climate Change Working Group, Indigenous Peoples Caucus, and REDD+ Safeguards Working Group. 

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A Human Rights Based Approach to Climate in Latin America

By María José Veramendi Villa, AIDA senior attorney, and Camila Bustos, Nivela lead researcher A few days before the beginning of the climate negotiations in Paris, the Office of the High Commissioner for Human Rights submitted an official document to the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change on “Understanding human rights and climate change”. For many, the link between these two remains unclear. Aren’t there already other international agreements that discuss this issue in depth? What is the point of including human rights language in a climate change agreement? The link between human rights and climate change has been recognized long ago by the UN Human Rights Council, which has passed several resolutions to bring attention to this issue. Several countries are already feeling the impacts of climate change: rising sea levels, droughts, extreme weather events and floods among other disasters are becoming increasingly common. Latin America and the Caribbean is one the most vulnerable regions to climate change. People and communities across the region are suffering from devastating impacts such as the melting of glaciers in the Andes, rising sea levels, and ocean acidification. Many face the risk of losing their traditional livelihoods and being displaced.     The impacts of climate change on the enjoyment of human rights in Latin America have been thoroughly documented by the Interamerican Association for Environmental Defense in its 2011 report on Climate Change and Human Rights. One of the most shocking impacts includes the drastic reduction to water in the region. By the year 2025, melting glaciers, the degradation of wetlands, intense droughts and erratic meteorological patterns will limit access to water to more than 50 million people in the tropical Andean region.  Other anticipated effects include flooding and changing rain patterns. In Colombia, flooding affected more than 2.2 million people and cost $300 million USD in 2010 alone. In the transition to a low-carbon and resilient economy, countries are already working to design and implement projects that reduce greenhouse gas emissions and protect citizens from climate change impacts. A reference to human rights in the operational section of the agreement can ensure that human rights are taken into account in the process of developing and implementing climate policies. This is why: It will raise the ambition and strengthen the agreement promoting an implementation that will ensure that parties comply with their already existing human rights obligations. It will support the goals of the agreement by preventing discrimination, exclusion and inequality. The affected communities have to have a say in the policies and projects designed to help them. It will not create additional obligations, but ensure that there is coherence in the international regime. Parties are already obliged to comply with other human rights instruments, including the Universal Declaration of Human Rights. As the world turns its attention to Paris, we cannot forget to humanize climate change and remember that those who have contributed to the least to the problem are and will continue to be the most affected. If we want to ensure a livable planet for the future generations the new climate agreement must include the respect, protection, promotion and fulfilment of human rights. We call on all State Parties and specially those of our Latin American region to support the inclusion of human rights protections in the agreement.

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Press releases

Climate initiatives must not include large hydropower projects – NGOs

In a global manifesto released today, a coalition of more than 300 civil society organizations from 53 countries called on governments and financiers at the Paris climate talks to keep large hydropower projects out of climate initiatives. 

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Press releases

If we want to cool the planet, fracking must be banned

Statement from the Latin American Alliance On Fracking at COP21: The goal of the 21st Conference of Parties of the United Nations Framework Convention on Climate Change is to reach an effective agreement that will reduce greenhouse gas emissions to a level consistent with both the rights and opportunities of present and future generations, and the conservation of the environment. This requires national policies and actions consistent with international commitments on climate change and human rights, and which respect the Sustainable Development Goals. Fracking to extract unconventional hydrocarbons is contrary to all of the above commitments, and will actually increase the impacts of climate change – which is why the controversial practice must be banned. During the cycle of extracting, processing, storing, transferring and distributing unconventional hydrocarbons, methane gas – 87 times more powerful than carbon dioxide as an agent of global warming – is released in the atmosphere. The release of methane contributes to global warming at a time when we should be taking any measures necessary to stop it: “within a period of 20 years, the footprint of natural gas released from shale deposits is worse than that of carbon or oil.”[1] If we continue with the concept of development based on the exploitation of fossil fuels, without first taking into account the rights and needs of communities, it will be impossible to conserve a planet that upholds the well being of present and future generations. The unconventional hydrocarbons extracted from the earth by fracking should not be considered transition or clean energies, since both greenhouse gas emissions, and the risks and damages posed to the environment and public health, are very high.[2] Fracking in Latin America We believe that the experience of fracking in Latin America should stimulate global discussion. Despite the particularities with which fracking has advanced on the continent, many similarities have emerged between cases in Mexico, Colombia, Chile, Bolivia and Argentina. Fracking is advancing blindly in Latin America. The basic human rights of affected communities are being ignored, including: the right to consultation and free, prior and informed consent; the right to participation and social control; and the right to information.[3] Governments of the region have failed to apply the precautionary principle, which should be applied considering the serious risks fracking creates for the health of people and the environment, and the uncertainty surrounding the scope and extent of damage it can cause. National laws have been modified based on corporate demands to open the door to the exploitation of unconventional hydrocarbons through fracking. The Mexican energy reform (2013) and the new law on hydrocarbons in Argentina (2014) are clear examples of this. Fracking in the region has developed without any comprehensive, long-term studies on the risks and damages it causes to the health of people and the environment. With the exception of Mexico, the countries of the region lack their own studies of unconventional hydrocarbon reserves that could verify the figures estimated by the U.S. Energy Information Administration. Across the continent, fracking has advanced on indigenous and rural communities, urban neighborhoods and even Natural Protected Areas. It has resulted in the displacement of people and productive activities such a livestock and agriculture, whose coexistence with the technique is impossible.[4] In parallel, complaints and damages have multiplied in response to fires, spills, and explosions; the toxic pollution of water, air and soil; the loss of radioactive substances into wells; and the mismanagement of water.[5] Throughout Latin America, the rejection of fracking has grown. Proof lies in the national and international networks of opposition; the more than 50 communities and municipalities that have banned fracking within their territories in Argentina, Mexico, Brazil and Uruguay;[6] and the suspension of fracking operations through judicial actions in Brazil and Argentina. States should make commitments against fracking In the framework of the Paris Climate Talks, we urge Member States of the Convention to: Sign a binding agreement that efficiently and effectively reduces greenhouse gases to levels compatible with the rights and opportunities of present and future generations, and conservation of the environment. Apply the precautionary principle as a legal and ethical imperative of action to address high-risk situations in a context of scientific uncertainty, in this case banning fracking in countries where it has been initiated or interest in it shown. Conduct objective and independent scientific studies about the risks and impacts of fracking on health, the environment and productive processes, with a long-term goal of ensuring the rights of present and future generations. Where impacts have been confirmed, States should guarantee that companies take responsibility for the damages done and, primarily, for the restoration of the affected environment, even in cases where their contract has ended. Strengthen a policy of energy diversification and the reduced rationalization of energy consumption, which includes the promotion of renewable energies and discourages the extraction of fossil fuels, consistent with principles and rights related to transparency, participation and free, prior and informed consent. On behalf of the Latin American Alliance On Fracking, we warn of the risks and severe damage that the exploration and exploitation of unconventional hydrocarbons can cause to the people and environment of our countries. Fracking is an experimental technique and neither governments nor companies should conduct experiments at such a high risk to the life and health of people and the environment.  [1] Food and Water Watch, “The Urgent Case for a Ban on Fracking,” February 2015, http://www.foodandwaterwatch.org/sites/default/files/urgent_case_for_ban_on_fracking.pdf and Robert Howarth and Anthony Ingraffea, “Should fracking stop?” in: Nature, September 15, 2011, vol. 477, p. 272. http://www2.cce.cornell.edu/naturalgasdev/documents/pdfs/howarth%20nature.pdf [2] Robert Howarth “A bridge to nowhere: methane emissions and the greenhouse gas footprint of natural gas,” April 2014, http://onlinelibrary.wiley.com/doi/10.1002/ese3.35/pdf [3]Alianza Latinoamericana frente al Fracking, “Avance ciego del fracking en América Latina” (infographic), September 2015, http://www.opsur.org.ar/blog/2015/09/04/mapa-del-fracking-en-america-latina-2/ [4] OPSur “Alto Valle Perforado” (Ed. Jinete Insomne, 2015) [5] Pablo Bertinat et al; “20 Mitos y Realidades del Fracking,” 2014, http://www.rosalux.org.ec/attachments/article/819/20_Mitos_LIBRO_FRL_PRINT.pdf [6] Alianza Latinoamericana frente al Fracking, “Avance ciego del fracking en América Latina” (infographic), September 2015, http://www.opsur.org.ar/blog/2015/09/04/mapa-del-fracking-en-america-latina-2/

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Aida Publication

Ten Reasons Why Climate Initiatives Should Not Include Large Hydropower Projects

A Civil Society[i] Manifesto for the Support of Real Climate Solutions Large hydropower projects are often propagated as a “clean and green” source of electricity by international financial institutions, national governments and other actors. They greatly benefit from instruments meant to address climate change, including carbon credits under the Clean Development Mechanism (CDM), credits from the World Bank’s Climate Investment Funds, and special financial terms from export credit agencies and green bonds. The dam industry advocates for large hydropower projects to be funded by the Green Climate Fund, and many governments boost them as a response to climate change through national initiatives. For example, at least twelve governments with major hydropower sectors have included an expansion of hydropower generation in their reports on Intended Nationally Determined Contributions (INDCs). Support from climate initiatives is one of the reasons why more than 3,700 hydropower dams are currently under construction and in the pipeline. Yet large hydropower projects are a false solution to climate change. They should be kept out from national and international climate initiatives for the following reasons: Particularly in tropical regions, hydropower reservoirs emit significant amounts of greenhouse gases. According to a peer-reviewed study, methane from reservoirs accounts for more than 4% of all human-caused climate change – comparable to the climate impact of the aviation sector. In some cases, hydropower projects are producing higher emissions than coal-fired power plants generating the same amount of electricity.   Rivers take about 200 million tons of carbon out of the atmosphere every year. In addition, the silt that rivers like the Amazon, Congo, Ganges and Mekong carry to the sea feeds plankton and absorbs large amounts of carbon. Hydropower projects and other dams disrupt the transport of silt and nutrients and impair the role of rivers to act as global carbon sinks.   Hydropower dams make water and energy systems more vulnerable to climate change. Unprecedented floods are threatening the safety of dams and alone in the US have caused more than 100 dams to fail since 2010. Dam building has exacerbated flood disasters in fragile mountain areas such as Uttarakhand/India. At the same time more extreme droughts increase the economic risks of hydropower, and have greatly affected countries from Africa to Brazil that depend on hydropower dams for most of their electricity.   In contrast to most wind, solar and micro-hydropower projects, dams cause severe and often irreversible damage to critical ecosystems. Due to dam building and other factors, freshwater ecosystems have on average lost 76% of their populations since 1970 – more than marine and land-based ecosystems. Building more dams to protect ecosystems from climate change means sacrificing the planet’s arteries to protect her lungs.   Large hydropower projects have serious impacts on local communities and often violate the rights of indigenous peoples to their lands, territories, resources,  governance, cultural integrity and free, prior informed consent. Dams have displaced at least 40-80 million people and have negatively affected an estimated 472 million people living downstream. The resistance of dam-affected communities has often been met with egregious human rights violations.   Large hydropower projects are not always an effective tool to expand energy access for poor people. In contrast to wind, solar and micro-hydropower, large hydropower dams depend on central electric grids, which are not a cost-effective tool to reach rural populations particularly in Sub-Saharan Africa and the Himalayas. Large hydropower projects are often built to meet the demands of mining and industrial projects even if they are justified by the needs of the poor.   Even if they were a good solution in other ways, large hydropower projects would be a costly and time-consuming way to address the climate crisis. On average large dams experience cost overruns of 96% and time overruns of 44%. In comparison, wind and solar projects can be built more quickly and experience average cost overruns of less than 10%.   Unlike wind and solar power, hydropower is no longer an innovative technology, and has not seen major technical breakthroughs in several decades. Unlike with solar power, climate funding for large hydropower projects will not bring about further economies of scale, and does not encourage a transfer of new technologies to Southern countries.   Wind and solar power have become readily available and financially competitive, and have overtaken large hydropower in the addition of new capacity. As grids become smarter and the cost of battery storage drops, new hydropower projects are no longer needed to balance intermittent sources of renewable energy.   Hydropower projects currently make up 26% of all projects registered with the CDM, and absorb significant support from other climate initiatives. Climate finance for large hydropower projects crowds out support for real solutions such as wind, solar and micro hydropower, and creates the illusion of real climate action. Including large hydropower in climate initiatives falsely appears to obliterate the need for additional real climate solutions. For these reasons, the undersigned organizations and individuals call on governments, financiers and other institutions to keep large hydropower projects out of their initiatives to address climate change. All climate and energy solutions need to respect the rights and livelihoods of local communities. [i] Amazon Watch, Asia Indigenous Peoples Pact, Asociación Interamericana para la Defensa del Ambiente, Bianca Jagger Human Rights Foundation, Carbon Market Watch, International Rivers, Jeunes Volontaires pour l'Environnement International, Oxfam International, South Asia Network on Dams, Rivers and People; Urgewald, REDLAR and Movimiento Ríos Vivos.  

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COP21 Begins, as Climate Hope Grows Stronger

Hundreds of world leaders gathered in Paris today to officially kick off the highly anticipated global climate talks. This is a critical moment for the future our life here on Earth. The conference is expected to produce a new and binding global climate accord, which could shape the ways in which we live, govern, create energy, and adapt to a changing climate. The expectations are set high for this 21st Conference of Parties (COP21) of the United Nations Framework Convention on Climate Change – because they have to be.  In the next two weeks, States will have the opportunity to show their commitment to combating climate change. At the close of the negotiations, if all goes well, governments from around the world will adopt the measures necessary to ensure a better planet for present and future generations. The task at hand for this Conference is finalizing the Paris climate package, which includes a final draft of the new climate agreement and a series of decisions to be adopted by Member Parties. Both are vital to the proper implementation of the Convention. Though it has been successful in elevating climate change in policy discussions worldwide, the Convention still requires States to adopt clear and concrete actions to ensure compliance.  What do we hope to achieve in Paris? There are two key tasks that AIDA will press Conference negotiators to achieve: Clarify the commitments related to climate financing after 2020. Include language requiring the respect, guarantee, protection, and promotion of human rights in all climate actions in both the preamble and the operating text of the Paris Agreement. Focus On: Climate Finance Climate finance is fundamental to ensuring that the commitments established in the Paris Agreement, as well as in the Convention itself, become a reality. Concerning climate finance, the new agreement should include the following key elements: Clarity on which countries should mobilize new and additional resources after 2020. It’s also important to reevaluate the role of developing countries that, though they have no obligation to provide financing, may be in a position do to so. Clear commitments to increase climate finance to achieve the desired outcomes. Clarity on sources of financing, ensuring that those sources implement clear and transparent methods that allow for their accounting and effective use. Collective short-term goals that demonstrate clear advances. Clarity on the institutional arrangements needed to channel resources. It will be important to strengthen the Green Climate Fund’s role in ensuring that finance supports projects and programs that are low-carbon and climate-resilient. Cycles of financial contributions, and their corresponding verification periods. Climate finance is a critical component of progress on the climate agenda. Providing clarity on this matter is essential to achieving goals and paradigm shifts in the short, medium, and long term.   Focus On: Human Rights The protection and promotion of human rights is vital in the fight against climate change.  The very success of the Paris Agreement depends on this element being integrated into the text and, particularly, into its objectives. A climate agreement featuring language to protect human rights will help to: Increase the ambition of the Agreement and strengthen its goals, encouraging better implementation, given that the human rights perspective may remind States of obligations that they already have. Clarify the responsibilities of States and other actors in the fight against climate change, and increase understanding of public policies related to it. This provides us the opportunity to advance and provide lessons learned, avoiding the duplication or creation of new obligations. Define a clear and acceptable pattern to prevent further socioenvironmental conflicts in the future. Having a uniform legal framework for the recognition of human rights would make it possible to improve the management of water, food, and land, which have particular resonance in Latin America. The Paris Conference is a historic opportunity for AIDA to strengthen the substantial progress made to date in the fight against climate change. Follow Along With Us!

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Press releases Brazil

Brazil authorizes operation of the Belo Monte Dam, disregarding the rights of affected communities

The environmental authority granted the project’s operating license, ignoring evidence of noncompliance with conditions necessary to guarantee the life, health and integrity of indigenous and other affected populations.

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For the life and health of my children: We MUST include Human Rights in the New Climate Accord

By Astrid Puentes Riaño (@astridpuentes) Originally published by IntLawGrrls We humans have caused climate change, a real threat to humanity thus it requires human solutions.  We also have lost precious time on eternal discussions about the existence of climate change, despite imminent evidence.  Our efforts to deliver solutions must be inclusive and ambitious if they are to ensure that the lives and livelihoods of all people are protected. If and how to include human rights protections in new climate accord was one of the primary issues discussed during October’s Bonn Climate Conference. These protections were notably left out of the no-text presented by the co-chairs, and then added back in at the insistence of several countries, many from the Global South, and hundreds of civil society organizations. I could write a long list of legal, political, ethical, and economic arguments as to why human rights must be included in the Paris Agreement. In my opinion, however, they can all be distilled into two primary and powerful arguments: my children! At 4 and nearly 2 years old, they are already experiencing the realities of a changing climate.  Some days, for example, they cannot go to the park because of increased air and climate pollution levels in Mexico City, be it black carbon or ozone, or both.  Unfortunately, the worst is yet to come, as hurricanes, droughts, floods, glacier loss, and fires are all increasing. Now the question for my kids is not whether they will suffer from climate change, but to what extent. Some may say I’m exaggerating, and that my kids aren’t among the most affected. They’re right. Many others are suffering, and will continue to suffer, far worse consequences, such as: the Kunas in Panama, who are loosing their land due to sea-level rise; the 62 million people living on 52 small island states, including Tuvalu and Barbados; the 70 million people in the Andes, all of whom depend on water from glaciers and paramos, which are expected to dissapear within a few decades. Despite the evident urgency, official responses have been shamefully slow. The United Nations recently announced that current national commitments aren’t enough to prevent world temperatures from surpassing 2oC by 2100, when my children will be 89 and 87 years old. How, then, can we speed up agreements, increase ambition, and close the gap between what is needed and what is promised by States? Human Rights are an important part of this answer. If implemented, they can help to: Recognize the realities of climate change and its impact on the enjoyment of human rights of all peoples, particularly those in vulnerable situations. Remind States of their existing obligations to protect and respect human rights, obligations which are fundamentally shared by corporations and other international entities. Incorporating human rights in the climate change agreement will not create new obligations; it will instead allow us to be consistent and comply with preexisting commitments. Avoid increased threats to world stability that have been linked to climate change due to impacts such as: local resource competition, livelihood insecurity, migration, extreme weather events and disasters, volatile food prices, transboundary water management, sea-level rise, coastal degradation, and the unintended effects of climate policies. Spur effective solutions, such as the rethinking of energy. These kinds of solutions haven’t yet been achieved due to a lack of ambition and political will. For my son and daughter, and the millions of children of the world, we must accept that climate change is a human rights issue. For the health of future generations, and that of those already suffering from its impacts, we must do all we can to create effective solutions. The new climate accord, which will be signed in Paris this December, must include human rights protections in its Preamble, as well as in its operative text. Only then, with an overarching respect for the rights of all people, can begin to see the results we need in the fight against climate change. We must take the climate crisis seriously. If not, we will be trapped in short-sighted negotiations that won’t provide my children the hope of a dignified and healthy life. They will be left inside, unable to play in the park, to enjoy the world beyond our doorstep. And those in more vulnerable situations may be left with nowhere at all to find the shelter they seek.

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Blog Costa Rica

How can we save coral reefs?

By Haydée Rodríguez When I tell people I live in Costa Rica, they imagine my home on the beach, facing the ocean, waves rolling in from the endless horizon. In reality, I live in a city like any other, one hour from the Pacific coast and three from the Caribbean. Although my life hasn’t exactly been a tropical vision of paradise, I’ve been in love with the ocean since I was a girl. That love has only deepened the more I came to understand the mysteries of the sea, the services it provides and the marvelous creatures that call it home. Of all the species that live in the sea, corals are among my favorites. Thanks to my career at AIDA, I have been able to both learn a lot about these tiny animals, and work to identify effective ways to protect them. Many people don’t know about the incredible connection we have with corals. It’s a connection that exists even for those of us who don’t have the privilege of living by the sea.  What are corals and what do they do for us?  Although at first glance they look like large rocks, corals are actually living organisms with an exoskeleton. They have a mutualistic relationship with photosynthetic algae called zooxanthellae, which are responsible for their brilliant coloring. The algae use sunlight to produce food and some of the nutrients that the corals need to survive. In exchange, the corals provide the algae with a protected environment. A group of corals forms a reef, a highly biodiverse ecosystem, widely known as the jungle of the sea. Coral reefs provide many benefits to humanity: Reefs are spawning grounds for many varieties of fish—the fish you eat are linked, in one way or another, with a coral reef. Reefs are natural shock absorbers that protect coastal communities from storms and hurricanes. Reefs are tourist destinations that generate important national income: one square kilometer of coral reef provides services valued at up to $600,000 a year, according to the United Nations. The bad news is that these benefits could be lost if we don’t act now to preserve coral reefs. It’s estimated that 60 percent of the world’s coral reefs could disappear by 2030. That would mean that our children may enjoy them for only a brief time, and our grandchildren may know them only from photographs in their science and history books.  What are the threats and how can we help fight them?  Unsustainable fishing methods, such as trawling, which destroys any coral in its path. Before eating or buying seafood, it’s worth asking how it was fished. Becoming responsible consumers is our right and our obligation. We must demand in restaurants and grocery stores products that have been taken from the sea without harming corals or other species of importance. Inadequate tourism practices harm coral reefs. When exploring the wondrous corals reefs, snorkelers and divers must avoid touching or stepping on them at all costs. We must remember that corals are living creatures, which our weight and the equipment we carry into the sea can harm. When we buy souvenirs like necklaces and crafts, we should reject products that use or incorporate corals. We do not need corals to decorate our homes or bodies, but the ocean needs them to maintain its equilibrium. A recent study found that, when they come into contact with the ocean, sunscreens that contain oxybenzone (a chemical compound) could, even in low concentrations, damage the DNA of corals, deforming them and eventually causing death.  We must avoid using this type of product, and instead use safe sunscreens and clothing to protect us from the sun. Here is a list of sunscreens that are safe for corals. The fertilizers used on crops leech into rivers and eventually reach the ocean, severely harming corals by increasing the production of algae, which in large quantities block the sun and prevent corals from receiving nutrients. We must opt for fruits and vegetables grown organically and demand responsible agriculture.   Improving legal protection of coral reefs Another important way of saving coral reefs is by seeking change in our countries. We must urge our governments to improve the laws protecting these sensitive creatures. At AIDA, we have recently published A Guide to International Regulatory Best Practices for Coral Reef Protection. The document contains ideas to strengthen laws and promote the conservation of coral reefs around the world. I invite you to share the guide with decision-makers in your country. Or if you prefer, send me ([email protected]) the contact information of people who may be interested in implementing the recommendations contained within, and I will send them the guide directly. Corals play a more important role in our lives than many of us understand, and their future is in our hands.  We must save coral reefs to ensure that our children and our grandchildren can enjoy the many benefits of these wondrous creatures.

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Blog Peru

Still Waiting for Justice in La Oroya

Part 1 of a 2-Part Series on the Human Rights Situation in La Oroya, Peru. By María José Veramendi Villa Juana[1] is tired. She and her neighbors have been waiting eight years for a ruling; eight years for a decision that could better their lives, clean their air, attend to their sick children and families. What began as a courageous and hopeful quest for justice has become a discouraging waiting game. Since 2007, a group of residents in La Oroya, Peru, has acted as petitioner in a case before the Inter-American Commission on Human Rights, Community of La Oroya v. Peru. For nearly a century, their city has been contaminated by the operation of a metallurgical complex (smelter) within its borders. The smelter has blackened the air, poisoned their bodies, and released toxic chemicals into the land and water. La Oroya was once identified as one of the most polluted cities in the world. The severe contamination has, and continues to have, grave impacts on the health of the city’s residents. Realities of La Oroya When AIDA’s co-executive director Anna Cederstav first arrived in La Oroya in 1997, women were walking around with scarves covering their faces, a vain attempt to ease the pain of breathing. Juana explained that she had felt the steady burning in her eyes and throat—the effects of contamination—since she could remember, but didn’t pay it any mind. Like most of the population, she thought it was normal. She didn’t really know what clean air was because she’d never experienced it. AIDA has worked for nearly two decades with the community of La Oroya. In 2002, we published the report La Oroya Cannot Wait with the Peruvian Society for Environmental Law. That report began to reveal to the community the severity of the pollution and health risks they were facing on a daily basis. The community realized they had to do something. Juana said it was in 2003, more than 80 years after the smelter began operating, that she became aware of the contamination. Through work with her parish, she was able to access information and learn about what was happening in her city.  From there, she connected the dots—the respiratory problems in her family were, in fact, a result of her city’s extreme contamination. The quest for justice Residents submitted their case before the Inter-American Commission after their attempts at justice within Peru produced no remedy. A 2006 ruling by Peru’s Constitutional Tribunal against the State ordered it to adopt measures to protect the health of the community, but the State took no such action. In 2007, the Commission urged the Peruvian state to carry out precautionary measures—a specialized diagnosis of 65 residents and treatment for those who showed irreversible damage to their lives or personal integrity. Juana said receiving news of the precautionary measures was a happy moment because “we knew that we were winning something. At the beginning, everything went well and we believed that everything would be fixed, (but) with the passing of months—years—there were no answers.” Then, in 2009, the Commission issued a report admitting AIDA’s petition, declaring that the State’s omissions in the face of pollution could, if proven, represent human rights violations. But still, nearly a decade after the petition was first filed, the victims await a decision, the precautionary measures have yet to be enforced, and the State’s responsibility for the acts have yet to be established.  “It’s taking a really long time, and not all of us have the patience or desire to keep waiting,” Juana said. Time affects the victims, wearing them out until they begin to waver and give up fighting for their right to justice. They become even more vulnerable as they face a city hostile to anyone who fights for their rights to life and health, a state that denies its responsibility and looks for any excuse to avoid assuming responsibility, and a company that wants to polish its reputation and use its economic power to manipulate the government. Where is the law in these cases? Where is justice? Juana explained that leaving La Oroya would be impossible for her family, because there they have work. She remains committed to achieving change with the lawsuit. But that’s not the case for everyone.  La Oroya contains thousands of stories of families whose lives were radically changed due to the city’s contamination and the subsequent damages to their health and lives. There are those who had to abandon their homes because they did not see a future in the city, and those who have been unable to leave La Oroya because their entire lives and family are there. Then there are those who have suffered painful attacks and insults from their own neighbors in a community worried about losing jobs, but who march forward with the conviction that, one day, change will come and La Oroya will be a better and fairer place for them, their children, and their grandchildren. I trust and hope that the law will deliver justice to salvage those years of waiting. [1] The name has been changed to protect the client. This blog is based on a longer article Maria José wrote on the case entitled La Oroya: A Painful Wait for Justice. It was published as Chapter 8 of DeJusticia’s book, Human Rights in Minefields: Extractive Economies, Environmental Conflicts and Social Justice in the Global South. Read the full account here.  

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