Project
Foto: Andrés ÁngelStopping the spread of fracking in Latin America
“Fracking” is short for hydraulic fracturing, a process used to extract oil and natural gas from historically inaccessible reservoirs.
Fracking is already widespread in the global North, but in Latin America, it is just beginning. Governments are opening their doors to fracking without understanding its impacts and risks, and without consulting affected communities. Many communities are organizing to prevent or stop the impacts of fracking, which affect their fundamental human rights. But in many cases they require legal and technical support.
What exactly is fracking, and what are its impacts?
A straight hole is drilled deep into the earth. Then the drill curves and bores horizontally, making an L-shaped hole. Fracking fluid—a mixture of water, chemicals, and sand—is pumped into the hole at high pressure, fracturing layers of shale rock above and below the hole. Gas or oil trapped in the rock rises to the surface along with the fracking fluid.
The chemical soup—now also contaminated with heavy metals and even radioactive elements from underground—is frequently dumped into unlined ponds. It may seep into aquifers and overflow into streams, poisoning water sources for people, agriculture, and livestock. Gas may also seep from fractured rock or from the well into aquifers; as a result, water flowing from household taps can be lit on fire. Other documented harms include exhausted freshwater supplies (for all that fracking fluid), air pollution from drill and pump rigs, large methane emissions that aggravate global warming, earthquakes, and health harms including cancer and birth defects.
AIDA’s report on fracking (available in Spanish) analyzes the viability of applying the precautionary principle as an institutional tool to prevent, avoid or stop hydraulic fracturing operations in Latin America.
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The first time fracking was discussed before the Inter-American Commission
We heard the news at an exceptional moment. The Latin American Alliance on Fracking had organized a conference; activists, lawyers, NGOs, community organizers, and scientists from seven Latin American countries were meeting face to face in Colombia to work against hydraulic fracturing in the region. It was there we learned that the Inter-American Commission on Human Rights had accepted our request for a hearing. We erupted in collective joy! Not only would we have a new audience, but also fracking would be discussed for the first time before the Commission. Immediately, we channeled our excitement into hard work. We had just 20 days to prepare a 20-minute case that would summarize every negative impact fracking has had in the Americas. We worked day and night to prepare our case for the October 3 hearing in Boulder, Colorado. It was so little time that Gabriel Cherqui, spokesperson for Mapuche communities affected by the Vaca Muerta mega-project in Neuquén, Argentina, couldn’t obtain a visa in time to travel to the United States. Years of work, converted into minutes Perhaps the most difficult aspect of preparing our case was summarizing thousands of documents and stories into such a short amount of time. It had taken years to systematize our specialized research on fracking in the region and to have our case before the Commission—requested with more than 120 supporting signatures—accepted. Another challenge was to demonstrate the solid connection between fracking and human rights violations, an argument we knew the Commission would be interested in addressing, given the scale and complexity of the problem. So we developed a strategy: Roberto Ochandio, a geographer and former petroleum engineer, presented the technical details necessary to understand how fracking works; AIDA attorney Liliana Ávila explained how the technique has violated the rights to a healthy environment, to life, health, and the informed consent of the affected communities; Alejandra Jiménez from the Mexican Alliance Against Fracking presented case studies from Mexico, where communities’ access to water had been compromised by fracking operations; Santiago Cané, from Argentina’s Environmental and Natural Resources Foundation (FARN), exposed the pollution, direct harms, lack of consultation with, and persecution of the communities of Neuquén; and Doris Estela Gutiérrez, president of the Corporation for the Defense of Water, Territory, and Ecosystems (CORDATEC), spoke about the promotion of public consultations in Colombia, as well as the criminalization of and threats to environmental defenders in the country. We emphasized that betting on hydrocarbons and promoting fracking undermines the fight against climate change, since fracking emits methane and other greenhouse gases that accelerate global warming. It was a challenge, to be sure. But we wanted to ensure everyone’s voice was heard. To listen, and learn: a window of hope Based on the response of the Commissioners, it was clear that our case had opened a window of hope. The multifaceted character of fracking—including aspects of development, pollution, climate change and human rights—had captured their interest. Not only was this the first time that fracking had been discussed before of the Commission, it’s worth noting that five speakers had summarized the concerns of more than 120 petitioners, all of whom shared one common cause. What came next was a dialogue in which we responded to the Commissioners’ questions about the technique, their concerns about development in the region, water quality, harms to public health, and concerns about fracking moving nations further away from their climate goals. We requested that the Commission urge States to: adopt measures to avoid human rights violations caused by fracking; generate public, truthful and impartial information based on scientific evidence; and protect human rights protections in cases where the technique is advancing blindly. Going forward, we asked that the Commission follow up on the issue, particularly on the negative impacts fracking has on economic, social and cultural rights; on the lives of women, children and adolescents; and on the lives and territories of indigenous peoples. We requested that the Commission follow up on the attacks against human rights defenders and seek protective measures for those at risk. Of course, questions remain, and at the Alliance we’ve identified many more concerns for the region. But this moment has strengthened us. The hearing set regional precedents and made use of the arguments of Advisory Opinion 23, which the Inter-American Court of Human Rights issued on human rights and the environment. It is clear that this moment was a small, but vital, step forward, and that there are ears willing to listen. For our part, we will continue doing everything in our power—making use of all available international legal tools—to protect the communities of the Americas that are and could be affected by fracking.
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What motivates us to preserve our freshwater sources?
The professionals of AIDA’s freshwater program defend one of Earth’s most precious resources—water. The earth provides us with water in many ways, and the ways those water sources are threatened are just as widespread—but chief among them are extractive activities like mining and fracking. At AIDA, we understand the risks and we won’t let our guard down. Learn more about what motivates us to care for our greatest life source! “WITHOUT WATER, THERE IS NO FUTURE.” Carlos Lozano Acosta, Senior Attorney “Water is a life force not just in nature, but in our societies as well. It is a distinct characteristic of our experience on the planet. Cultures, economies and ecosystems depend on water and, for that reason, there is no future for us on this planet without it.” As a child, Carlos and his family used go for hikes near his father’s farm, on the outskirts of a páramo—a unique high altitude wetland that captures moisture from the fog and sends water to lower elevations via streams. Since those early days, Carlos has understood that páramos are vital to the water supply in his native Colombia. “I GREW UP WITH THE IDEA THAT CLEAN WATER IS A RIGHT, NOT A PRIVILEGE.” Claudia Velarde, Legal Advisor “What motivates me to care for our water sources is life itself. Clean water is an indispensable resource, a common good and a basic human right; the reproduction of our life systems is not possible without it. I grew up with the idea that clean water is a right, not a privilege.” Claudia was born in Cochabamba, Bolivia, a city whose name in the indigenous Quechua language means “the plain of lakes.” Despite its name, the city has suffered from decades of drought and water scarcity. Cochabamba is infamous for the Water War of 2000, during which residents flooded the streets to defend their water from privatization. Claudia grew up in that context and, like many women from Cochabamba, she has a strong connection to water and its inherent value. “MY STRONGEST MOTIVATION IS AN AWARENESS THAT THE HEALTH OF EARTH’S ECOSYSTEMS DEPENDS ON FUNCTIONING WATER FLOWS.” Andres Angel, Scientific Advisor “My strongest motivation is an awareness that the health of Earth’s ecosystems depends in large part on functioning surface and subterranean water flows. Understanding that our economic activities have the potential to irreversibly disrupt those flows is to realize the urgent need to protect the sources and quality of water throughout the Americas.” It wasn’t easy for Andres to study geology, a career that often promotes extractivism. His principal motivation was to understand the conflicts and socio-ecological dangers caused by mining and fossil fuel exploitation in his country, Colombia. Understanding those impacts to be perpetual, Andres decided to devote his professional life to questioning the development model and providing alternatives. “TO PROTECT WATER IS TO DEFEND THE SOURCE AND MEANING OF LIFE.” Juana Hofman, Legal Coordinator for the Network for Environmental Justice in Colombia “Life is what motivates me. To protect freshwater ecosystems and the people that depend on them is to defend the source and meaning of life. I’m motivated by a deep respect for ecosystems, because I feel a part of them, and they need protection. I’m motivated by the frailejones, ancient plants that serve as water factories, and by the mountains, vast landscapes that have sheltered me since my birth. It is their strength and beauty that allow us to truly live.” Juana was born in a small town in the mountains of Colombia. When she was a child, her father taught her of the greatness of the oak trees, which for Juana came to signify strength and wisdom. Ever since, her life has been deeply linked to the mountains, rivers, and páramos of Colombia.
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UN Committee recommends Argentina “reconsider” the use of fracking
The Committee on Economic, Social and Cultural Rights of the United Nations expressed its concern about Argentina’s intention to exploit unconventional oil and gas reserves in Vaca Muerta, one of the world’s largest shale deposits. It recommended the goverment reconsider those plans to ensure compliance with the nation’s international commitments on climate change. Geneva, Switzerland. The Committee of Economic, Social and Cultural Rights of the United Nations recommended that Argentina reconsider its plans for the large-scale exploitation of shale gas and oil in Vaca Muerta, one of the world’s largest deposits of unconventional hydrocarbons. The Committee expressed its concern after reviewing the nation’s fourth report to the Universal Periodic Review on human rights, encouraging the government to reconsider the use of fracking in order to ensure compliance with its international obligations on climate change. "The Committee is concerned that this hydraulic fracturing project contradicts the State’s commitments to the Paris Agreement, and would have a negative impact on global warming and the enjoyment of economic and social rights by the global population and future generations," read the concluding observations on Argentina's report, approved by the Committee at its 64th session, which took place from September 24 to October 12, 2018. The Committee urged the State "to promote alternative and renewable energies, reduce greenhouse gas emissions and establish national targets with benchmarks defined over time." The Committee also expressed concern about the lack of adequate evaluation of fracking’s negative impacts on the environment and human health, and about the absence of prior consultation with affected local populations. In that sense, the Committee entrusted the Argentine State to: "... adopt a regulatory framework for fracking that includes assessments of its impact in all provinces, preceded by consultations with affected communities, and with appropriate documentation of its effects on air and water pollution, radioactive emissions, risks to health and safety at work, its effects on public health, noise pollution, light and stress, potential seismic activity, threats to agriculture, soil quality, and the climate system." The UN Universal Periodic Review is a process that offers each State the opportunity to declare what measures it has adopted to improve the human rights situation in the country and to comply with its obligations in this area. Its objective is to improve that situation and address human rights violations wherever they occur. PRESS CONTACTS: Víctor Quintanilla (Mexico), AIDA, [email protected], +5215570522107 Fernando Cabrera, Opsur, [email protected], +5492995864313
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