Project

Foto: Andrés Ángel

Stopping 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.

 


Toxic Pollution

We have to talk about the bees

When I was three years old, I threw rocks at a hive until I was attacked by an enraged swarm of bees. It was one of my first memories and, despite the pain it caused me, I harbor no resentment toward bees, wasps, or bumblebees. It was my fault, my mother told me. They were just defending themselves. She taught me about their stingers, the queen bee, and the honey the produce. She told me how they feed on pollen and flower nectar, something a three-year-old can understand. With time, I learned that plants like coffee, apples, and cotton all rely on pollination by bees to reproduce. Twenty-five years ago, the bees didn’t seem to be in any danger — they were everywhere in my small town in the state of Veracruz, Mexico. Later, I moved to Mexico City, where people “reported” bees to the Civil Protection agency, and firefighters were called in to kill them. To prevent attacks, the city made life difficult for bees: in city parks, trees and flowers were sprayed with chemicals and pesticides, and water sources were dried up. That tactic has spread to agricultural fields around the world. Today, it is rare to see bees, bumblebees, or wasps flying around those spaces. The problem with pesticides The problem with bees became visible around 2006, when beekeepers and farmers in the United States reported losing 70 percent of their bee colonies during one winter season. Until that point, keepers would lose around 15 percent of their colonies during the coldest months. But the decline of bee populations wasn’t isolated that season. Various European nations also began reporting losses in the early 2000’s. According to a European Union report published in 2014, the region loses a third of its bee population every year. Unfortunately, little data exists for Latin America and efforts to monitor bee populations have only just begun. We know that beekeepers in Mexico have reported losses of between 30 and 80 percent of their colonies. Chile reportedly loses nearly half its colonies in the winter, a percentage that was previously between 15 and 20 percent. The Abejas Vivas (Living Bees) collective has recorded the disappearance of more than 10,000 hives in Colombia, and some regions of Argentina have reported the sudden death of nearly 90 percent of their hives. Why should we care? Seventy-five percent of our food production relies on pollinators—vertebrates and invertebrates alike—including bees. The UN Food and Agriculture Organization (FAO) asked countries to adopt policies and food systems that are more favorable to pollinators. “We cannot continue focusing on growing our food production with processes based on the general use of pesticides and chemical products that threaten our crops and our pollinators,” said FAO Director José Graziano da Silvo. The sudden mass death of bees—known as Colony Collapse Disorder—is caused by a number of factors: an increasingly extreme and unstable global climate, the increased use of pesticides and fungicides, parasites like the varroa destructor (a mite that attacks bee hives), and the deterioration of ecosystems that bees rely on for food. Each of these factors creates stress for the bees. According to an article in Science, “exposure to chemicals and a lack of food can endanger bees’ immune systems, making them more susceptible to parasites.” Taking steps to protect bees In April, the European Union banned three neonicotinoide insecticides, which are commonly used for producing corn, cotton, and sunflowers. These pesticides are a risk to not just honeybees, but also to wild bees, other insects, and some larger animals. Of course the ban—a decision passed down by the European Food Safety Authority—has not made pesticide companies happy, but the European Union’s objective is critical: to guarantee food production in its member nations. In the United States, despite the fact that the Environmental Protection Agency has called for the protection of pollinators, the current government reversed the ban on certain insecticides in natural protected areas, a policy enacted by the previous administration. While scientists are working to better understand Colony Collapse Disorder, bees continue to die, putting our food security at greater risk. Many studies are focused on domesticated honeybees, whose columns are the easiest to count. But there exist around 20,000 species of pollinators—including wild bees, wasps, bumblebees, other insects, and vertebrates like birds and bats. There are few studies on the impacts of pesticides, changes in soil makeup, and climate variations on wild pollinating species, but these species are also likely to be at risk. Some plants depend exclusively on certain wild pollinators—plants like orchids, cacao (chocolate), coffee, and agave (tequila). That’s why we have to talk about the bees, and the other animals that help provide us with fruits, vegetables, and grains. Losing these species endangers the livelihoods of small-scale food producers, and a drop in food production would disproportionately affect society’s most vulnerable populations. What can we do? Twenty-five years ago, my mother planted flowers and told me that they would attract bees, which would ensure there would always be more flowers. Beyond the simple but meaningful act of sowing native flowers for local pollinators, we must demand that our food production systems respect the natural environment they depend on. And finally, it’s important to note that although bee deaths are caused by a number of different factors, human activity is the one thing they all have in common.     

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Public Participation

Open letter to American States on the signing of a regional environmental treaty

Dear Presidents,   On 27 September 2018, countries in Latin America and the Caribbean will have the opportunity to put in place a new instrument to protect the environment: The Regional Agreement on Access to Information, Public Participation and Access to Justice on Environmental Matters in Latin America and the Caribbean (the Escazú Agreement).   Your governments can make history and become leaders in environmental protection by signing the agreement during the opening for signature ceremony which will be held in the context of the Annual General Debate of the United Nations General Assembly in New York.   The Escazú Agreement is a key tool that will allow for a more participatory approach to decision-making, policymaking and projects relating to the environment and decreasing and mitigating conflicts driven by a lack of effective participation of affected communities. The Agreement delves into the human rights obligations that the countries in the region previously acquired through other international instruments with regard to the right of access to public information; participation in decision-making, including the adoption of inclusive, participatory and representative decisions at all levels; the right to a healthy environment; equal access to justice with regard to environmental rights; and the protection of human and environmental rights defenders, among others.   These obligations acquired by the countries of Latin America and the Caribbean, together with the commitments made within the framework of the Sustainable Development Goals and other international agreements, reflect a commitment to environmentally friendly development that respect human rights and future generations.   In addition, at the 48th General Assembly of the Organization of American States (OAS) in June this year, your governments welcomed the signing of the Escazú Agreement with the acknowledgment that the human person is the central subject of sustainable development and should be an active participant in this. You also acknowledged that the Agreement is a means to guarantee a safe environment in which individuals, groups and organizations that promote and defend human rights related to the environment can act without facing threats, restrictions, attacks or danger.   Signing the Escazú Agreement is the first step required to include environmental access rights into the government agenda. It represents a historic opportunity for your governments to send a clear message to your citizens and the international community regarding your firm commitment to this global agenda for the protection of human rights associated with a healthy and sustainable environment. A global agenda that will benefit everyone in the region and around the world.   We call on your governments to sign the Escazú Agreement on 27 September 2018 and submit it to the competent national bodies for its immediate ratification. Now is the time to deliver real steps for real change. Latin America and the Caribbean need you to make the promise of the Escazú Agreement a reality for millions of people in the region. We also urge your governments to adopt rapid and effective measures to implement the provisions of the Agreement.  

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Renewing AIDA’s Board of Directors

We proudly welcome the new members of our Board: Xavier Martínez Esponda, Monica Roa and Manuel Pulgar-Vidal. All three are outstanding legal professionals dedicated to the defense of the environment and human rights in Latin America. AIDA’s Board of Directors has been renewed following internal elections, with the incorporation of three new members for the next period of three years. We’re honored to welcome: Xavier Martínez Esponda, a prominent Mexican attorney and Technical Operating Director of the Mexican Center for Environmental Law (CEMDA); Monica Roa, an accomplished Colombian attorney and defender of women’s rights; and Manuel Pulgar-Vidal, a renowned Peruvian environmental attorney, former Minister of Environment of Peru and current leader of the Climate and Energy Practice at WWF International. Manuel Pulgar-Vidal is returning to AIDA’s Board of Directors, which he chaired for eight years after helping to found the organization in 1998. The Board is currently chaired by Manolo Morales of Ecuador, Executive Director of the ECOLEX Management and Environmental Law Corporation. It has as Vice President, Jerónimo Rodríguez of Colombia, Sub-director of Natural Wealth Program at Chemonics International; as Chief Financial Officer, Martin Wagner of the United States, Director of the International Program at Earthjustice; and as Secretary, Margot Venton of Canada, attorney at Ecojustice. Other members include Rafael González of Costa Rica, President of Justice for Nature (JPN) and Pedro Solano of Peru, Executive Director of the Peruvian Society for Environmental Law (SPDA). AIDA is the only regional organization of Latin American experts providing free legal and technical support in defense of the environment and human rights in the Americas. We are constantly seeking new ways to strength the organization, including through the important roles of our Board members.  

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