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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UN registered Barro Blanco Hydroelectric Dam temporarily suspended over non-compliance with Environmental Impact Assessment
Panama City, Panama and Geneva, Switzerland. In a landmark decision, Panama’s National Environmental Authority (ANAM) temporarily suspended the construction of the Barro Blanco hydroelectric dam yesterday over non-compliance with its Environmental Impact Assessment (EIA). The dam was approved by the UN Clean Development Mechanism (CDM) despite risks of flooding to the territory of the indigenous Ngäbe Bugle communities. With delegates currently meeting in Geneva to draft negotiating text for a new global climate agreement, ANAM’s decision illustrates why the agreement must include human rights protections, including the rights of indigenous peoples. In Geneva, several nations have already insisted on the need for climate measures to respect, protect, promote, and fulfil human rights for all. "Panama has taken a critical first step toward protecting the rights of the Ngäbe communities, which have not been adequately consulted on the Barro Blanco CDM project. But much more work is needed," said Alyssa Johl, Senior Attorney at the Center for International Environmental Law (CIEL). "As an urgent matter, Panama should recognize its obligations to protect human rights in climate actions, such as Barro Blanco, by supporting the call for human rights protections in the UN climate regime." Current climate mechanisms, such as the UN’s Clean Development Mechanism, neither provide incentives for the sustainable implementation of climate actions nor offer recourse in the case of adverse impacts. "The CDM Board approved Barro Blanco when it was clear that the dam would flood the homes of numerous indigenous families. This decision is a warning signal that safeguards must be introduced to protect human rights, including robust stakeholder consultations and a grievance mechanism," said Eva Filzmoser, Director of Carbon Market Watch. ANAM’s decision was triggered by an administrative investigation that found non-compliance with the project’s environmental impact assessment, including shortcomings in the agreements with affected indigenous communities, deficiencies in negotiation processes, the absence of an archaeological management plan for the protection of petroglyphs and other archaeological findings, repeated failures to manage sedimentation and erosion, poor management of solid and hazardous waste, and logging without permission. The Environmental Advocacy Center of Panamá (CIAM) considers it appropriate for ANAM to have taken effective and immediate measures to suspend the project. "This suspension reflects inadequate environmental management on the part of the company that requires an investigation and an exemplary sanction". "During 15 years of opposition to the Barro Blanco project, we have exposed violations of our human rights and irregularities in the environmental proceedings. Those claims were never heard," said Weni Bagama from the Movimiento 10 de Abril (M-10). "Today we are satisfied to see that the national authorities have recognized them and have suspended the project, as a first step towards dialogue. Nevertheless, we continue to uphold the communities’ position that the cancelation of this project is the only way to protect our human rights and our territory. We hope that this sets an example for the international community and for other hydroelectric projects, not only in Panama but worldwide." "Any dialogue between the affected communities, the Government and the company has to be transparent, in good faith, respectful of the communities’ rights, and include guarantees so that the communities can participate equally and the agreements are fully respected," explained María José Veramendi Villa, Senior Attorney at the Interamerican Association for Environmental Defense (AIDA). "In this dialogue, the State must take into account all human rights violations that have been denounced by the communities since the project was approved." Environmental groups around the world are celebrating the suspension of the Barro Blanco Dam, following years of efforts in support of the indigenous populations in the Ngäbe Bugle comarca, which have been faced with oppression and numerous rights violations. Eyes are now watching for the reactions of the banks involved in financing the Barro Blanco project, including the German development bank, DEG, and the Dutch development bank, FMO, against whom the M10 movement, which represents the indigenous communities, had filed a complaint. "We urge the banks to halt disbursement of any remaining funds until all problems are solved and the affected indigenous communities agree to the project," said Kathrin Petz of Urgewald.
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Five Reasons to Protect the Peruvian Anchoveta
The anchoveta (Engraulis ringens), a wide-eyed fish 12 to 15 centimeters long, is prevalent in the Pacific coastal waters of Peru. When I first heard of this little fish, I had no idea how important it was for both the environment and the Peruvian population. Commercially, the anchoveta is used to produce fishmeal for animal feed and, to a lesser extent, for human consumption. But it’s also an important source of nutrition for the fish, mammals and birds of the Humboldt Current, one of the most biodiverse cold-water ocean currents in the world. Two years ago, AIDA began collaborating with the Peruvian Society for Environmental Law and Earthjustice to recommend changes to Peruvian law that would ensure sustainable management of the anchoveta fishery. We’ve recently released a report in which we stress the importance of ecosystem management. Decisions about how much anchoveta to catch, and when, should take into account both the commercial fishing industry and the health of the Humboldt Current ecosystem. Here are the five most important reasons to promote ecosystem management of the Peruvian anchoveta fishery: 1. Species of mammals, fish and birds depend on the anchoveta for nourishment. Most marine predators of the Humboldt Current depend, to some extent, on the anchoveta. The small fish is food to Humboldt Penguins and other birds, marine mammals like sea lions, and other commercial fish, such as hake, horse mackerel and mackerel. Fishery management that considers the ecosystem as a whole will help to save not just the anchoveta, but the many species that depend on it as well. 2. The anchoveta population is at risk. The Peruvian anchoveta fishery has been on the verge of collapse. It has had to be closed twice: once in the early-1970s and once in the late-1990s. The lack of an adequate ecosystem management plan creates fluctuations in the anchoveta population. Continuing this way in a year with reduced populations could mean the collapse of the fishery. 3. More and better controls over what can be fished are needed. The demand for fish implies, increasingly, that more juvenile anchoveta are being captured before they have reached the age of reproduction. As a result, the anchoveta cannot replenish its population fast enough to keep up with harvests. 4. Comprehensive fisheries management plans do not exist. The laws that regulate the anchoveta fishery differ depending on whether the fish is for human consumption or will be used to produce by-products such as fishmeal and fish oils. A management plan that integrates both uses must be established to create a truly sustainable fishery that also takes into account the anchoveta’s relationship with other species. 5. Ecosystem management of the Peruvian anchoveta would set an example for other countries. The Peruvian anchoveta fishery is the largest in the world. Implementing institutional and regulatory reform to promote ecosystem management of the species would set a precedent for other countries in the region to improve their standards. Learn more I invite you to review the report (in Spanish). Now is the time to care for the little species that do a big job in our seas! The ocean knows no bounds and its relationships are complex. Ecosystem management of the anchoveta fishery will ensure that there will be enough fish to feed the needs of industry and maintain the ecological balance of the Humboldt Current.
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New law protects Panama Bay Wetland Wildlife Refuge
On the occasion of World Wetlands Day, the President of Panama will approve a national law that bestows protected-area status on Panama Bay Wetland Wildlife Refuge. CIAM and AIDA applaud the decision to strengthen protection of an ecosystem key to biodiversity, freshwater supplies, and the fight against climate change. Panama City, Panama. In an official ceremony on World Wetlands Day, President Juan Carlos Varela will approve a law that bestows protected-area status on Panama Bay Wetland Wildlife Refuge, which was initially established by Administrative Resolution. The government is strengthening legal protection of an ecosystem key to fresh water supplies, reproduction of species of high commercial and nutritional value, biodiversity conservation, and climate change mitigation. "We welcome a law that demonstrates the importance that this place has on the environment and surrounding populations. It is everyone’s responsibility to protect the 85,652 hectares of coastal marine wetlands in Panama Bay," said Brooke Alfaro, President of the Board of the Environmental Advocacy Center (CIAM). The Bay is one of the world’s most important nesting and resting sites for migratory birds and a home to endangered species. Mangroves help to fight climate change by capturing carbon from the atmosphere, and mitigate its effects by serving as a buffer against coastal storms and hurricanes. In 2003, it was declared a site of international importance under the Ramsar Convention, an international treaty for the conservation of wetlands. "We congratulate the Panamanian government because this law is a breakthrough for wetland protection and for fulfillment of the country’s international obligations. It serves as an example for other countries in the region. The law emphasizes the concepts of rational use, ecosystem approach, and ecological character contained in the Ramsar Convention," said Haydée Rodríguez, attorney for the Interamerican Association for Environmental Defense (AIDA). During the law’s approval process, CIAM’s legal and scientific team, supported by AIDA, helped strengthen the bill to ensure that it guarantees sound management of wetland resources. Both organizations will assist and support the Government of Panama in implementing the law. "We must establish an appropriate management plan to ensure the protection of the wetland for present and future generations," added Rodríguez. "Thanks to the support of citizens, civil society, the Supreme Court, deputies and government, the law ensures protection of the Panama Bay Wetland," Alfaro said. In recent years, the site has been affected by the expansion of real estate projects, with consequent channeling of rivers, drainage, and filling of natural areas. Under the new law, activities that threaten the ecological integrity of the refuge and of its boundaries are prohibited. Only another law may permit them.
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