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The Precautionary Principle: A legal tool against the impacts of fracking

This report analyzes the viability of using the precautionary principle to prevent, avoid or stop fracking operations in Latin America.

Organizations condemn Eco Oro’ threat to sue Colombia over efforts to protect páramos

The Canadian company’s Angostura mining project in the high-altitude wetlands, or páramo, of Santurbán, has announced that it could file an international arbitration suit against Colombia over measures to protect the páramo, which are important sources of water in the country.

Facts on Financing the Climate Fight

The impacts of climate change are already being felt by many millions of people and communities around the world – but the burden weighs most heavily on the poor and marginalised in developing countries. That’s why 195 countries came together to create the Green Climate Fund (GCF) under the United Nations Framework Convention on Climate Change (UNFCCC). The GCF is expected to play a central role in financing efforts to combat climate change » (mitigation) and to help developing countries cope with its effects (adaptation). LEARN MORE ABOUT IT:  

Public letter to President of Honduras on the killing of Berta Cáceres

Dear President Juan Orlando Hernández, We, a group of 50+ international organisations, write to express our shock and concern over the recent killing of Berta Cáceres, environmental activist and head of the indigenous rights group COPINH. As you will know, Mrs Cáceres was shot dead by gunmen in the late hours of 2 March 2016. Over the years she had received multiple death threats and attempted kidnappings because of her work defending indigenous Lenca land against the Agua Zarca dam project in Río Blanco. These threats had escalated in recent weeks since construction of the dam had restarted. We demand an independent international investigation into the circumstances around Mrs Cáceres’ death, and guaranteed protection for her family and colleagues. Mrs Cáceres was granted emergency protection measures by the Inter-American Commission on Human Rights because of her acute vulnerability, but she claimed the Honduran state did not fully implement them. We also demand urgent action to protect Gustavo Castro Soto, a Mexican activist who witnessed her assassination, and to ensure his safe passage back to Mexico. Mrs Cáceres’ case is the most high-profile killing within a growing trend in the murder, violence and intimidation of people defending their indigenous land rights in Honduras. Honduras is the world’s most dangerous country per capita to be an environmental or land defender, with at least 109 people killed between 2010 and 2015. Mrs Cáceres’ case has not escaped international attention. In a statement issued in response to her death U.S. Senator Patrick Leahy called on you to find and punish those responsible for “this despicable crime.” Last year, US Senator Barbara Boxer wrote a letter to US Secretary of State John Kerry urging for better protection of environmental defenders in Honduras. This was in direct response to Mrs Cáceres winning the 2015 Goldman Environment Prize – a prestigious award recognizing grassroots environmental activists from around the world. News of her death has generated substantial international media attention. The 50+ international organisations listed below call on the Honduran state to ensure indigenous peoples’ right to their land is respected and that they are able to carry out their legitimate work without fear for their safety. 

The Invaluable Legacy of Douglas Tompkins

By Florencia Ortúzar, AIDA attorney On December 8th, one of the last pristine places on the planet, Patagonia, lost one of its greatest protectors, Douglas Tompkins. At 72 years old, the conservationist and multimillionaire lost his life in a kayaking accident. Much has been said about the eccentric man who sold the companies that made him rich, and left it all behind to undertake an ambitious conservation project in Chile and Argentina. It was looked on with suspicion when he began frantically buying lands in the Southern Cone for the sole purpose of protecting them. Tompkins thought that effective conservation should be “extensive, wild and connected.” So he decided to create large national parks that would be protected even in his absence. To do so, he acquired large tracts of land and began returning them to their natural state, removing fences and recuperating ecosystems. Without fences, wildlife could move freely, a condition which is fundamental for their prosperity.  Donating in exchange for protection Barely more than a month after she was widowed, Kris Tompkins, Doug’s wife for 20 years, met with Chilean President Michelle Bachelet to offer the donation of more than 400 thousand hectares of land in Chilean Patagonia, including millions of dollars in infrastructure. With it, she sought to realize the last of the couple’s major projects in Chile: the creation of Patagonia Park, which together with other lands, donated or in process of being donated, would form a network of parks in Patagonia. In Chile, the Tompkins had already donated land for the creation of Corcovado Park in Patagonia and Yendegaia Park in Tierra del Fuego. The land to create Pumalín Park, also in Patagonia, is in the process of being donated. All together, these land donations equal more than 500 thousand hectares of protected wilderness. But the Tompkins’ gifts come with conditions: for each hectare they receive, governments must protect a certain number more.  In exchange for the posthumous donation in Chile, for example, the government is required to create new national parks, expand existing parks and reclassify four natural reserves. Negotiations are expected to conclude in 2018. If the Tompkins’ succeed, the agreement will create the most important network of national parks in the country.  Protection in Argentina Tompkins also donated vast stretches of land in Argentina. In the Entre Ríos Province, he started a soil recuperation project, using highly diversified organic crops to overcome the damage of industrial monoculture. The Argentine Patagonia also received protection, through land donations of 66 thousand hectares to Monte Leon National Park and 15 thousand hectares to Perito Moreno National Park. Tompkins’ last project in Argentina was completed last December when the Argentine government met with Kris Tompkins to accept the donation of 150 thousand hectares of land in the Estuaries of Iberá, the second largest wetland on the planet. This area, when added to the 50 thousand hectares previously donated and the 500 thousand that already form Iberá Park, will create one of the largest reserves in the country.  ¡Patagonia sin Represas! In addition to contributing to the creation of national parks, Tompkins supported the activism of conservation groups in Patagonia. One of the initiatives he sponsored was the campaign Patagonia sin Represas, which managed to stop the HidroAysén project in its tracks. HydroAysén had aimed to construct five mega-dams on the Baker and Pascua rivers, two of the largest free-flowing rivers in Chile, located in the heart of Patagonia. During Doug’s burial the mantra “Patagonia sin Represas” is said to have been shouted by mourners when the last handful of dirt was thrown upon his grave.  At the end of the 1900s, when Tompkins’ land purchasing in Argentina and Chile was at its peak, he was accused of buying the land cheaply and displacing its inhabitants, leaving them without work. Later, the accusations became more sophisticated: they accused him of buying land to create a new Zionist state, of being a CIA spy, and of trying to seize enormous reserves of fresh water to export to places experiencing drought. Many looked upon his work with suspicion.  Maybe they found it difficult to believe that someone would invest millions of dollars with the sole objective of preserving the perfect natural harmony that surrounds us. Any accusation was easier than giving credit to his true intention: buying land to prevent it from being exploited, and then giving it back to the government, not for money, but for a commitment of protection. Whatever his detractors may say, here in reality, Douglas Tompkins left an enormous legacy to all of mankind. He has conserved more land than any other person in the history of Chile and Argentina. His work has translated into massive patches of green on the maps of Patagonia. For those pristine and wild places, we are eternally grateful. CONGRATULATIONS DOUG, and THANK YOU! 

Indigenous groups ask Pope Francis to help stop Las Cruces Dam

Indigenous and riverine communities affected by the construction of a dam on Río San Pedro Mezquital asked that the Pope intercede on their behalf before the Mexican government during his visit to the country.

AIDA celebrates Court decision to protect Colombia's páramos

Colombia’s Constitutional Court on Monday declared unconstitutional an aspect of the country’s National Development Plan that permitted mining in páramos. 

Worth Protecting: Mexico’s Marismas Nacionales

By Anna Miller, AIDA writer On Mexico’s northern Pacific coast, verdant mangroves reach their roots into the shallow soil, drink up the sweet, fresh water flowing from the mountains, and shelter the diverse, abundant life teeming below. Crabs crawl along the muddy ground, fish zig and zag along the root systems, crocodiles wait patiently in the shallows, and sea turtles feed on their way to coastal nesting grounds. This living, breathing community, extending 2,000 square kilometers through Nayarit and Sinaloa states, is the largest mangrove forest on Mexico’s Pacific coast.   Despite the importance of this rich environment, the Marismas Nacionales are at risk. Their health and vitality are threatened by the proposed Las Cruces hydropower project, which would dam the Río San Pedro Mezquital, the last free-flowing river in the Sierra Madre Mountains.  After the senseless destruction of the Tajamar mangroves in Cancún, Mexico must now, more than ever, live up to its responsibility to preserve vital wetlands like Marismas Nacionales. There is so much worth protecting.  The San Pedro Mezquital River is born in the highest peaks of the Sierra Madre, flowing through dense green forests and across valleys before reaching the coastal plains of Nayarit, where its fresh waters feed Marismas Nacionales. Altering the natural flow of the river would increase sedimentation in the wetlands and risk suffocating the sensitive system. The vast coastal wetlands along the Gulf of California are home to as many as 20 percent of Mexico’s mangroves. A sort of biological super system harbors a diverse array fish and birds and insects and amphibians. The Marismas Nacionales are believed to constitute one of the most productive environments in Northwest Mexico.  Coastal communities also live in harmony with Marismas Nacionales and depend upon the wetlands for their survival. The coastal marine environment provides a sustainable livelihood for local populations, who fish and harvest shellfish. The communities are therefore linked with the health and wellbeing of the wetlands.  An avian paradise, the Marismas Nacionales are home to more than 250 species of birds, nearly half of which are migratory.  The Marismas provide a critical wintering habitat for birds from the Pacific coastal region: in parts of the year, 80 percent of Pacific migratory shorebirds take shelter there. Many local species also seek out the mangroves as shelter from surrounding areas during particularly harsh weather.  Without a healthy river, the life in these vast mangrove forests and coastal lagoons may be lost for good. With the construction of Las Cruces Dam, Mexico is putting at risk another of its sacred natural places. AIDA is committed to protecting Marismas Nacionales, and the health and way of life of all the living things that depend on them. We hope you’re with us.    Learn about our work to stop Las Cruces Dam

My first visit to La Oroya

By Rodrigo da Costa Sales, AIDA attorney  “What do you think of La Oroya?” a local resident asked me the first time we met. Honestly, I wasn’t quite sure how to respond. Quickly sensing my discomfort, he joked, “It’s very beautiful, there’s so much biodiversity, and the sky is so blue...” Relieved, I laughed along with him and, since that moment, I’ve been searching for the words to describe La Oroya. La Oroya is a city of 33,000 people on the Mantaro River in central Peru, at an altitude of nearly 5,000 meters. This was my first time there, and I stayed only two days. The trip from Lima takes five hours, winding along painfully curvy roads with breathtaking views of the mountains all around. In La Oroya, however, the landscape changes drastically. The city is covered in a sheet of grey, with little to no natural life, streets full of trucks transporting iron and other heavy metals... and not much else of note. My greatest wish for my time in La Oroya was to meet the people we are representing in our case before the Inter-American Commission on Human Rights. After working on it for six months, I wanted finally to put faces to the names I had come to know so well on paper. Our meeting was scheduled for the evening, when residents could find time free from work and family commitments. There, we introduced them to students from Yale University, who were developing an important report on the relationship between La Oroya’s air quality and the health of city residents. Although interested in the study, and happy to hear about it, residents quickly peppered us with questions about the case. The main thing they wanted to know—an answer they have been waiting for since our petition was filed seven years ago—was when the Commission will make its decision.  They explained the many offensive comments they’ve had to endure, both from workers at the metal-smelting complex and from their own neighbors, during the long wait for a ruling. They’ve suffered threats from fellow residents of La Oroya, who wrongfully believe that the purpose of the case is to close the complex, which would leave many people without jobs. In one especially disturbing instance, a “doctor” spoke on television claiming that lead contamination does not cause any health problems. He claimed the residents of La Oroya as proof that, while contaminated by lead and other heavy metals, people could still lead normal lives. We reminded them that a process before an international organism involves years of waiting, and that we sympathized with them for everything they had been through in the past few years. But the truth is that I felt such intense frustration. It was the first time that I saw, up close, such personal desire for an international decision. I understood then that a decision on paper could actually constitute a form of reparation. The long-awaited Commission report will show the world that the effects of heavy-metal pollution on a population actually violate their personal integrity and right to health. The goal of this case is not to close the metallurgical complex, but instead to force the adoption of measures that guarantee a certain quality of life for the residents of La Oroya. The Commission’s report will be the instrument in this case by which international and human rights law becomes real, effective and transformative.  I returned from La Oroya almost a week ago, and I’m still searching for the words to describe such a place. Truthfully, La Oroya didn’t seem very nice at first. But I quickly came to realize that the beauty of a place comes not only from its natural and man-made attractions; it comes also, and perhaps more importantly, from the beauty of its people. In that sense, I’ve never seen a city quite as beautiful as La Oroya. This blog is dedicated all the victims of the case in La Oroya. I hope that they will achieve justice, and that because of them, a case like this is never repeated around the world. It is also dedicated to Astrid Puentes and Maria José, AIDA’s attorneys in charge of the La Oroya case, who inspire me daily to work for a more just world. 

Conserving the Ciénaga Grande de Santa Marta