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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International pressure to stop the advance of fracking in Colombia
Many Latin American governments continue to promote extractive activities—including the exploration and exploitation of unconventional hydrocarbons through fracking, or hydraulic fracturing—as a means of economic revitalization in the face of the crisis caused by the COVID-19 pandemic. This trend contradicts the international commitments adopted by these countries to reduce emissions and mitigate the global climate crisis. A United Nations report, to be released this month, is expected to state that reducing methane emissions will be critical to avoid the most extreme effects of global warming. The report is based on recent data showing that carbon dioxide and methane levels in the atmosphere reached record highs last year, despite the pandemic bringing much of the global economy to a halt. This information complements scientific evidence that methane emissions from oil and gas production—one of its major human-related sources—may be higher than previous estimates. This increase has been associated with the leakage and flaring of methane from fracking operations. Although methane is an extremely potent greenhouse gas, it has a relatively short life cycle in the atmosphere, meaning that reducing its emissions could help the world meet our climate goals more quickly. Colombia is an example of how the push for fracking contradicts the urgent need to combat the climate crisis and its damages. Although it is not legal to carry out fracking operations in the country because its regulation is temporarily suspended, the government has not stopped the development of pilot projects of this technique and continues to anchor its energy policy on hydrocarbons. At the same time, there is a national and international push to stop the advance of fracking in Colombia. While the Council of State makes a final decision on the regulation, two legislative initiatives are underway: one that seeks to prohibit the implementation of fracking nationwide, and another that would prohibit the exploration and/or exploitation of unconventional hydrocarbons by any technique. In the framework of the parliamentary treatment of both bills, which are expected to be unified, authorities from the United Nations and the Inter-American Commission on Human Rights (IACHR) participated in public hearings, in which they called on Congress to approve the legislation that would allow Colombia to move toward a fair and low-emission energy transition. The case for protecting people and the climate In his intervention, David Boyd, UN Special Rapporteur on human rights and the environment, referred to the climate crisis as "serious and unprecedented", highlighting that its impacts on human rights "disproportionately affect poor, vulnerable and marginalized people." In the same vein, Marcos Orellana, UN Special Rapporteur on Toxic Substances and Human Rights, expressed concern about "the Colombian State's intention to consider funding and supporting fossil fuel fracking," considering its potential impact on human rights and sustainability. He emphasized, "new investments in fracking are incompatible with the protection of human rights." For his part, Renato Zerbini, chairman of the Committee on Economic, Social and Cultural Rights—a body, composed of 18 independent experts, that monitors the implementation of the International Covenant on Economic, Social and Cultural Rights by its State parties—stressed that hydraulic fracturing "is closely related to multiple and ongoing human rights violations, as it causes irreversible environmental impacts and severe social affectations." Thus, the use of the technique violates the rights guaranteed by the Covenant, to which Colombia is a party, Zerbini pointed out. In general, the extractive industry "increases the risk for environmental defenders, territorial occupation and the impact on the rights of the communities surrounding the projects," added Soledad García Muñoz, the IACHR’s Special Rapporteur on Economic, Social, Cultural and Environmental Rights. In sum, the representatives of the international organizations reported on the unfeasibility of fracking in climatic, social and even economic terms: "When the real costs of fracking are taken into account, it becomes evident that these far exceed the alleged economic gains," emphasized Orellana. They referred to the international obligations of the Colombian State in terms of human rights and climate change, contained in various instruments. Among those, they cited Advisory Opinion 23/17 on human rights and environment of the Inter-American Court of Human Rights; General Comment 36 on the right to life, contemplated in the International Covenant on Civil and Political Rights; as well as the Joint Declaration on Human Rights and Climate Change that five human rights bodies issued in 2019. The statement expresses that "failure to take measures to prevent foreseeable harm to human rights caused by climate change, or to regulate activities that contribute to such harm, could constitute a violation of States' human rights obligations." The common recommendation: ban fracking At the conclusion of their interventions, the international authorities expressed their support for a law banning fracking throughout the Colombian national territory: David Boyd argued,"to address the climate crisis, Colombia must urgently pursue a low-carbon, climate-resilient future, replacing fossil fuels with renewable energy in light of its obligations under constitutional law, international human rights law and the right to a healthy environment." He concluded, "the government of Colombia must pass a law to ban fracking." Marcos Orellana pointed out that "the Congress of the Republic of Colombia has the opportunity to raise its gaze towards the future and preserve the legacy of its megabiodiversity." In that sense, he pointed out, "the protection of the right to live in a toxic-free environment inspires my respectful call for Congress to adopt a law banning fracking." Soledad Muñoz said that "the approval of a bill whose purpose would be to put an end to the exploration and exploitation of unconventional oilfields, prohibiting practices such as fracking, would represent a valuable measure of environmental protection, the reduction of socio-environmental conflicts and compliance with the commitments emanating from the Paris Agreement and the Inter-American (Human Rights) System itself." Continuing to base local economies on the extractive industry and promoting fracking only increases the dependence of our societies on fossil fuels, deepening the causes of the climate crisis and the damage it does to the most vulnerable among us.
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Human Rights Council addresses the water crisis and environmental defenders protection
The 46th session of the United Nations Human Rights Council is the first to be held entirely online, due to the COVID-19 pandemic. It runs until March 23. The virtual format of this HRC session enabled AIDA to make our first participation ever in the HRC and join the discussions on two of the topics that are at the core of its human rights work: the right to a healthy environment and the protection of environmental human rights defenders. On 03 March, the Special Rapporteur on Human Rights and the Environment, David Boyd, presented his report “Human Rights and the Global Water Crisis” to the Human Rights Council. In it, Boyd highlighted the severe impacts of water pollution, water scarcity and water-related disasters on the rights to life, health, education, food, development and the right to a healthy environment. He also emphasized that climate change is a risk-multiplier, exacerbating water-related human rights issues. The Special Rapporteur called on States to incorporate a rights-based approach in both their climate strategies and water plans. Finally, Boyd reiterated his call for the Human Rights Council to support the initiative for a resolution to recognize that everyone everywhere has the right to live in a safe, clean, healthy and sustainable environment. In the Interactive Dialogue that followed Boyd’s presentation, AIDA Attorney Rosa Peña denounced the negative impacts of mega-dams, coal mining and fracking on human rights and water access in Latin America. She noted that these projects not only threaten the human rights of local communities but also exacerbate the climate crisis. She called the attention of the Special Rapporteur to the communities affected by the Belo Monte mega-dam in the Brazilian Amazon. Currently, implementation of the so-called ‘Consensus Hydrogram’ in the Xingu River threatens the lives of local communities, pollutes the water, dries up the river and causes food insecurity and severe biodiversity loss. On March 4, it was the turn of the Special Rapporteur on Human Rights Defenders, Mary Lawlor, to engage in an Interactive Dialogue on ”Final warning: death threats and killings of human rights defenders” She concluded that lack of political will is one of the reasons why various States fail in their moral and legal obligation to protect Human Rights Defenders, and therefore called for more effective responses to the threats against them. Representing AIDA in the Interactive Dialogue, Attorney Marcella Torres highlighted that Latin America is the most dangerous region in the world for environmental human rights defenders and urged all States to actively protect them. She turned the spotlight on the situation of environmental defenders in Brazil, Guatemala and Colombia, where the invasion of indigenous lands, mega-dams and fracking are closely related to the increase in violence against defenders. She concluded by reminding States that the protection of environmental defenders should promote the recognition of the right to a healthy environment, and provide guarantees so that all people are free to exercise their right to defend human rights. See AIDA’s contributions in the Interactive Dialogues in full:
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Fracking regulation in Mendoza violates Argentina's climate commitments
AIDA filed a legal brief before the Supreme Court of Mendoza arguing the unconstitutionality of a decree allowing for unconventional oil and gas drilling through hydraulic fracturing in the Argentine province. Mendoza, Argentina. In support of a lawsuit filed by Argentine ally OIKOS, the Interamerican Association for Environmental Defense (AIDA) filed a “friend of the court” brief claiming the unconstitutionality of local regulations allowing for the exploration and exploitation of unconventional hydrocarbons, known as fracking. Using arguments based on international law, the brief outlines how Mendoza’s Decree 248 violates Argentina’s climate commitments and disregards the precautionary principle. "As a party to the United Nations Framework Convention on Climate Change and a signatory of the Paris Agreement, the Argentine State has assumed international obligations to reduce greenhouse gas emissions and mitigate the climate crisis," explained AIDA attorney Claudia Velarde. "Betting on fracking implies an increase in those emissions and non-compliance with the nation’s climate commitments.” Several studies of fracking in the United States have posited that leakage and flaring during fracking operations are associated with a significant increase of methane in the atmosphere. Though less notorious than carbon dioxide, methane emissions are responsible for around 25 percent of global warming. Decree 248 fails to contemplate any provision to control greenhouse gas emissions generated by fracking or limit their climate impacts. “There are not sufficient grounds for the government of Mendoza to claim they can effectively regulate fracking,” Velarde said. "It’s clear that this regulation is insufficient, and that it ignores the precautionary principle.” The precautionary principle establishes that, when there is danger of serious or irreversible damage, the lack of absolute scientific certainty should not prevent the adoption of effective measures to prevent environmental degradation. In fracking, being an unconventional technique with a high degree of technical and scientific difficulty, there is no certainty about its impacts, which merits the application of the precautionary principle. The brief also documents the applicability of this argument based on similar cases in other countries of Latin America. Colombia currently has a moratorium on fracking based on this legal principle. "In recent decades, the development of fracking has raised alarms worldwide due to evidence of serious and irreversible damages to the environment and public health, both of which are aggravated by the climate crisis," Velarde added. AIDA’s brief joins others filed by national and international organizations against the decree regulating fracking in Mendoza, including Xumek, FARN (Environment and Natural Resource Foundation) and Earthjustice. Press contact: Victor Quintanilla (Mexico), [email protected], +5215570522107.
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