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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How fracking's methane leaks aggravate climate change
I’ve seen them more times than I can remember, but the shock never fades: ten-foot-high flames burning off gas at the BP processing plant in Whiting, Indiana. The facility is close to where I grew up, so we’ve had a lot of time to marvel at the flare stacks. My sister thought they were volcanoes when she was little and, in my family, the name has stuck. Converting waste methane to carbon dioxide (CO2) through flaring is common practice in oil and gas production. This makes “volcanoes” a familiar feature of drilling and hydraulic fracturing, or fracking, fields. The sight of stacks spewing CO2 directly into the air is both visually striking and enraging: a visual metaphor for a world run on extractive, dirty energy. And yet, when it comes to fracking, the volcanoes and their carbon emissions aren’t even the biggest problem. That which is most dangerous is often hardest to see—invisible, in this case. Fracking’s worst air pollution actually occurs through methane leaks. Methane is a greenhouse gas whose global warming potential is 86 times greater than carbon dioxide over a 20-year period, according to the Intergovernmental Panel on Climate Change. It leaks stealthily at every point in the gas supply chain into our atmosphere, undetectable without advanced equipment and frequent tests. According to NASA, the oil and gas industry is responsible for the global rise in methane emissions, beating even landfills and dairy production. Many of these emissions come from leaking pipes attached to fracked gas wells. While many of fracking’s damages—the contamination of water tables, an increase in man-made earthquakes—are well documented, fracking’s air pollution is a more difficult battle to fight. There are no convenient visuals of tap water set on fire or flattened homes. But the fact that we can’t see methane leaking into the air doesn’t make its impact any less intense: diffuse toxic particles grip the throat like so many invisible hands; methane causes nosebleeds and asthma; gas leaks squeeze the brain into dizzying headaches and seizures; toxic additives cause babies to be born prematurely with low birth weight and life-threatening defects. Leaking methane is also of particular concern when it comes to climate change. When just less than 2 percent of a pipeline’s total carried methane leaks into the air, the gas loses its supposed “cleaner” climate advantage over even coal. Recent studies show that U.S. fracking fields leak at tremendously uneven rates, some up to a whopping 12 percent. In other words, only a small number of wells are responsible for an extreme amount of contamination. But this also means that we already have part of the solution: fixing leaks at these super-polluting fields would be a huge boon for climate regulation. Leak detention and repair requires frequent and careful oversight, but it is also cost-effective, and often actually pays for itself. Gas companies can patrol their own distribution lines, looking for and repairing leaks. Pneumatic pipeline controllers can be replaced with better, low-bleed controllers. This extra care, however, is exactly what fracking’s proponents fight against: the gas industry in the United States has long denied and diminished the severity of leaking pipelines. Like the greenhouse gas pollution that causes it, climate change is a slow-paced disaster. It is a long, diffuse emergency that, in a sound-byte world, isn’t dramatic enough for short-term elections and news cycles, and usually isn’t brought up until it’s too late. Alternatives to fracking But times are changing. And the solution to a warming world isn’t just about fixing leaks. We can’t just mitigate a life-threatening system; we have to end it. Instead of perpetuating our dependence on gas, we must invest in a just transition and move into economically sustainable forms of energy, like solar and wind. Gas delivery systems and their maintenance are as expensive as they are toxic, and will soon become obsolete. We must fight for better regulation of our present system, while building up alternatives for a better tomorrow. This is particularly important in parts of the world that are only now starting to embrace fracking. While somewhat ubiquitous in the global North, fracking has only just begun in Latin America, where roughly 5,000 wells have popped up in the past few years. Frontline communities and human rights defenders from across the Americas have fought hard to win bans or restrictions on fracking. They urge that their nations not fall for fracking’s trap—harms would be amplified by lax regulation and further aggravate climate change. In October they testified before the Inter-American Commission on Human Rights on the harm fracking has caused to communities across Latin America. Liliana Ávila, a senior attorney at AIDA, explained that fracking-induced pollution impacts basic human rights, and that environmental defenders often face extreme violence when protecting their territories from the gas industry. Part of the battle for a global and just transition towards a sustainable, equitable energy economy is being able to recognize those harms that are harder to see—including those that are invisible at first. It’s the quiet harms that unfold over long time spans that are catching up to us now.
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Why we’re working for climate justice in Latin America
“The world has many problems, but to me none seem as ubiquitous or as dangerous as climate change,” says AIDA attorney Florencia Ortúzar. “It really is the great challenge of our generation.” At AIDA we understand the magnitude of the problem. That’s why we incorporate climate justice as a key concept in all our lines of work. It’s why we advocate for sustainable development that respects the environment and the rights of vulnerable communities and, at the same time, why we work to stop climate-aggravating activities. “What motivates me to fight climate change is my awareness of the huge problem we’re facing, and my steadfast determination—I know we can’t give up,” Florencia says. She shares that motivation with AIDA’s entire team of attorneys, scientists, communicators, fundraisers and administrators. When she was a child, Florencia received a very special gift from her father: a badge that said “world saver.” That very day, on a beach in her native Chile, Florencia hooked the badge to her clothes and began picking up trash, cleaning the beach. That small gift jumpstarted her life’s mission. Florencia went on to study law, with the goal of working for the protection of forests, rivers, animals, and all the elements of the natural world. “Luck was with me when I found AIDA, the organization that has trained me and has enabled me to make my contribution to a better world,” she says. Florencia is part of AIDA’s Climate Change program. Our objective is to help Latin America—one of the regions most vulnerable to the climate crisis—be a leader in the type of changes required on a global level to avoid catastrophe. In partnership with allied organizations and hand-in-hand with communities, we work to stop the blind advance of fracking and large dams, mega-projects which imply significant emissions of methane, a greenhouse gas 34 times more powerful than carbon dioxide. We also work to raise awareness and educate public policy makers on the importance of controlling short-lived climate pollutants. We seek to protect terrestrial and marine ecosystems that capture carbon emissions—such as coral reefs, mangroves, wetlands and páramos—which, in turn, helps to mitigate climate change. We monitor international climate negotiations, advocate for Latin American nations to have the necessary economic resources to deal with climate change, and work to ensure that climate finance respects human rights. “Although many of the effects of climate change are inevitable, and may already be occurring, the efforts we make to stop the problem and to adapt to it will help future generations, who had nothing to do with causing the problem,” Florencia explains. She shares her message wherever she goes, encouraging others to join the fight. “I refuse to be part of the last generation to enjoy the natural wonders of our planet.”
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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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