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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In regressive decision, high court endorses fracking in Colombia
Bogotá, Colombia. Colombia’s highest administrative court, the Council of State, on Thursday ruled against a lawsuit that sought to nullify the government’s regulation of fracking, effectively endorsing the controversial technique’s implementation in the Andean nation. The nullity lawsuit was filed by the Public Interest Law Clinic of the Universidad del Norte—which was jointly advised by AIDA, Corporación Podion, and the legal clinics of Universidad Javeriana and Universidad de los Andes—in an attempt to challenge the legality of the rules that would allow for fracking operations in the country, found in 2013’s Decree 3004 and 2014’s Resolution 90341. This decision means the suspension of Colombia’s judicial moratorium on fracking, which has been in place since 2018, when the when the Council preventively suspended the rules based on the precautionary principle and due to the lack of certainty about the risks of irreversible damage that the technique implies for the environment, climate and public health. Fracking has been assessed by national and international academics and scientists as an experimental technique that threatens air, water, human health, democratic participation, social fabric and culture, traditional knowledge systems, biodiversity and, in the long term, economic, seismic and climatic stability. In addition, it creates atmospheric pollution due to the emission of methane—a potent gas whose warming potential is 84 to 87 times greater than carbon dioxide on a 20-year scale. While the Council of State's ruling ratifies the government's regulations and lifts the moratorium, it does not exonerate national and local authorities from protecting the environment and respecting the fundamental rights of the population as they consolidate the mining and energy policy. Legal experts who brought the case before the Court respond to the ruling: "In Latin America and around the world, many countries have banned fracking because of its impacts on the environment and on the protection of human rights. The ruling of Colombia’s Council of State is regressive and goes against international advances on environmental, climate and human rights issues.” - Yeny Rodríguez, attorney with the Interamerican Association for Environmental Defense (AIDA) "The Council of State has issued a decision contrary to the facts proven in the litigation. They have ignored the survey conducted by the National University of Colombia, the report of the expert commission, the concept of the Attorney General's Office, and the rest of the documentary evidence and scientific texts that clearly demonstrated the need to prohibit this technique under the precautionary principle. In addition, the ruling ignores Colombia's international climate commitments and the principle of intergenerational solidarity, as it ignores the fundamental rights of future generations." - Juan Pablo Sarmiento, plaintiff’s attorney in the case. “The Council of State lost a great opportunity to strengthen, through the courts, a regulation that many experts considered too weak to protect the environment and public health. Its now is in the hands of the national government and the legislature to guarantee society the protection of the precautionary principle and democratic participation in environmental matters" - Juan Felipe García, attorney with the Law and Territory Clinic of the Universidad Javeriana “The decision of the highest administrative court in the country is not an open invitation to carry out fracking in Colombia. The government must fully guarantee the right to participation and the voice of communities in decision-making about projects that may generate environmental impacts in their territories, as well as guarantee the safety and protection of environmental leaders who defend their territories". - Silvia Quintero, legal advisor to the Environmental and Public Health Legal Clinic of the Universidad de Los Andes “The lifting of the judicial moratorium on fracking leaves open the possibility of moving forward with such projects whose contracts were previously suspended. It’s necessary that fracking have a social license because several regions of the country have been considered as potential areas for its implementation." - Lizeth Gómez, attorney with Corporación Podion Contactos de prensa: Juan Pablo Sarmiento, [email protected], +573005514583 Yeny Rodríguez, AIDA, [email protected], +573107787601 Juan Felipe García, Clínica en Derecho y Territorio de la Universidad Javeriana, [email protected], +573125588889 Lizeth Gómez, PODION, [email protected], +573176430036
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Examining the obstacles to energy transition in Latin America
The climate crisis and its impacts on human rights require the governments of Latin America to design and implement laws, public policies, and other measures aimed at protecting the lives and integrity of their people. In the region most threatened by global warming, they must do so through mitigation, adaptation and attention to the losses and damages already caused. Given that the current energy system based on fossil fuels is the main cause of the climate crisis, as well as the inequalities that are closely linked to it, the framework for climate action in the Americas must be that of a just energy transition. The energy transition is an opportunity for the continent to abandon old energy production models characterized by large social and environmental impacts, and to move towards environmentally and climatically sustainable methods, while respecting the human rights of the communities and sectors involved. Several countries in the region are failing to integrate this perspective. The case of Colombia exemplifies a risky trend for the region—the government is currently promoting a host of climate-aggravating projects, which deepen dependence on fossil fuels, as useful to the energy transition. Such regressive measures include: the expansion of coalmines in operation or the opening of new mines under the argument that the export of the mineral will finance the transition; and the favoring of natural gas exploitation through tax benefits and the easing of environmental permitting processes, under the false premise that gas is a clean energy source. Sounding the alarm Given the worrying panorama in Colombia, AIDA will be drafting and distributing a series of Urgent Alerts that call attention to projects, public policies and regulations that hinder a just transition, and deepen dependence on fossil fuels. They will be collective alerts, supported by other international organizations that, like AIDA, seek climate justice and work in defense of environmental and human rights. Each alert will be sent to the national authorities in charge of the measure in question. Geared toward promoting reflections on how to advance in the just energy transition, each alert will include public policy and regulatory recommendations based on the State's international obligations and commitments on climate, environmental and human rights issues. In each case, the message is clear—by continuing with the promotion, extraction and use of gas and coal, the Colombian State would be failing to comply with these obligations. The first alert calls attention to the potential definitive diversion of the Bruno stream in the department of La Guajira to expand production at and revenue from El Cerrejón, the largest open-pit coal mine in Latin America and one of the ten largest in the world. The project not only implies an increase in greenhouse gas emissions—coal is responsible for 44 percent of global carbon dioxide emissions—but is also a threat to the rights to water, food security and health of the Wayuu indigenous communities that depend on the stream. A regional scope The measures adopted by the Colombian State may well reflect the situation in other countries of the region, or be replicated in them. Several alerts will refer to the exploitation of hydrocarbons through fracking, a controversial technique advancing blindly in Colombia and other Latin American countries. Another will warn of the use of hydrogen, promoted as a viable and clean energy alternative. In Colombia there is already a public policy route to advance with its implementation and two pilot projects underway. Hydrogen production results from burning coal or gas at high temperatures. Recent studies warn that this requires capturing and storing carbon dioxide, so the alternative depends on being able to store carbon indefinitely and avoid leakage into the atmosphere. In addition, hydrogen production is energy-intensive and involves the emission of gases during the heating and pressurization process, as well as the use of natural gas as fuel. As a region, we cannot afford to delay the energy transition and the achievement of climate justice, both urgent and necessary goals, with options that will only tie us more and more to fossil fuels and to an energy system that only intensifies social inequalities and environmental degradation.
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AIDA celebrates WTO agreement to curb harmful fisheries subsidies
We consider the agreement a "crucial step" for the sustainability of fishery resources in the short, medium and long term, as well as for ensuring food security and the livelihoods of coastal communities. Geneva, Switzerland. As an environmental organization that has closely followed the negotiations to limit global fisheries subsidies, the Interamerican Association for Environmental Defense (AIDA) applauds that member countries of the World Trade Organization (WTO) reached, after more than two decades, a binding agreement to curb some harmful fisheries subsidies. It represents a fundamental step toward achieving the effective management of our fisheries resources, as well as toward ensuring global food security and the livelihoods of coastal communities. "This is a crucial step towards ensuring the sustainability of fishery resources in the short, medium and long term," said Gladys Martinez de Lemos, executive director of AIDA. "We urge the 164 member countries of the WTO to ratify the agreement as soon as possible, and to implement the necessary changes derived from it to contribute significantly to the health of marine life and the well-being of those who depend on it." It is estimated that, each year, governments spend approximately $22 billion in negative subsidies to offset costs for fuel, fishing gear and vessel improvements, among others. As a result of that support, 63 percent of fish stocks worldwide must be rebuilt and 34 percent are fished at "biologically unsustainable" levels, according to recent data. The agreement reached at the 12th WTO Ministerial Conference, held June 12-16, provides for the creation of a global framework to reduce subsidies for illegal, unreported and unregulated fishing; subsidies for fishing overexploited stocks; and subsidies for vessels fishing on the unregulated high seas. The high seas fishing provisions represent an achievement for Latin America, a region whose fishing industry is severely threatened by aggressive foreign fleets fishing inside and outside of national jurisdictions. The agreement also includes measures aimed at greater transparency and accountability in the way governments support their fisheries sector. The countries agreed to continue negotiating rules to curb subsidies that promote fishing in other countries' waters, overfishing and the overcapacity of a fleet to catch more fish than is sustainable. "This agreement is one part of the movement we need at the international level to contribute to the health of the ocean," explained Magie Rodríguez, AIDA attorney. "We have three more to go: the high seas treaty, more ambitious and rigorous standards for ocean mining, and recognition of the key role the ocean plays in the climate crisis. We will continue to work with our allies to achieve these goals.” Although negotiations on fisheries subsidies officially began in 2001, it was not until the 2017 WTO Ministerial Conference that countries committed to taking action to reach an agreement at the next conference—which was to take place in December 2020, but was suspended due to the pandemic. This commitment also responds to the fulfillment of target 14.6 of the United Nations Sustainable Development Goals. In 2021, the Ministerial Conference failed to reach an agreement, but it did reach a draft text. "This year's achievement would not have been possible without the joint efforts of many different organizations, academia, governments and the private sector," said Martinez. press contact Victor Quintanilla (Mexico), [email protected], +525570522107
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