Project
Photo: Steven Ablitt / Cassiar WatchVictory: Canada supports public participation and environmental assessment
Thanks to a court ruling to which AIDA and our allies contributed, Canadian authorities must allow active participation in all mining and industrial megaprojects, as well as comprehensive environmental impact assessments.
The decision came after a long legal battle that began in 2006. That year, an open-pit copper and gold mine called Red Chris was approved without the adequate evaluation of its environmental impacts. It was sleighted to process 30 thousand metric tons a day.
The Imperial Metals company intended to build the mine in the Kapplan River Valley, a remote and pristine natural area home to large mammals such as Dali’s sheep, caribou, bears and moose. In addition, the area is part of the migratory salmon route and the Tathlan indigenous community lives nearby.
The company had fragmented the project into small parts to avoid evaluating the full impact of the project, thus violating international standards and the right to public participation.
In 2009 AIDA filed a brief with Canada’s Supreme Court in support of a lawsuit filed against the project by MiningWatch and Ecojustice.
The ruling remains a powerful tool to protect huge expanses of pristine and valuable land for its biodiversity, water sources, and the culture of indigenous communities.
It was a watershed moment in terms of ensuring companies fulfill their obligations when developing projects that put at risk the natural environment and those who depend on it.
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My time before the region's leading court on human rights
“Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness, that most frightens us.” - Marianne Williamson As I sat before the Court, one woman in a long line of observers, my pulse raced. For the first time in my life I was speechless, even awestruck. Towering regally over me sat six men and one woman, dressed in robes. The seven judges of the Inter-American Court on Human Rights. Public speaking is something I do regularly and with ease, but I was seriously nervous! My heart was going to explode; my throat was tight. I was acutely aware of the power of what I was about to say. I felt deep within myself the strength of my colleagues at AIDA. I sat up straight, took a deep breath, and leaned in closer to the microphone. As I began to speak, my words bore the influence of the last 20 years. I was representing AIDA in our very first intervention before the most important international human rights body in the Americas. We had been invited by the Court to comment on the consultative opinion raised by Colombian government on the link between environmental degradation and human rights; an issue reflecting the very core of our mission. The basic question to be addressed was this: If a megaproject damages the marine environment in the Greater Caribbean and, as a result, human rights are threaten or violated, should the State implementing the project be held accountable under international human rights law? When I began my career in environmental law 20 years ago, this very moment was one of my goals. I dreamt of engaging in this type of conversation before the Court; of influencing jurisprudence in the institution charged with protecting the human rights of the people of the Americas. Now, because I sit proudly as co-director of AIDA, those dreams have come true. Not just for myself, but also for all the brave and thoughtful attorneys I work alongside. The document we drafted represents countless hours of research and analysis, the contributions of human rights experts and environmental attorneys, decades of experience, lifetimes of dedication. We drafted it so the Court would recognize environmental protection as a human rights issue; that a healthy environment is essential to the enjoyment of all human rights. We hope it will show the judges of the Inter-American Human Rights System that incorporating international environmental law and standards can help them implement their mission. Remembering the months of work and the expert opinions in the document calmed me that day. The testimonies I heard were like music to my ears—more than 20 people, one after the other, from States and civil society organizations, spoke of the relationship between the environment and human rights; they spoke of the power of using international environmental law to protect people and communities. The arguments we crafted, together, made the link between the environment and human rights crystal clear. We had the historic opportunity to highlight how, in some situations, environmental degradation violates human rights. Protecting our environment, therefore, is an international obligation of all States in the Americas. When I finished speaking, I took a deep breath, and sat back in my chair. A smile broke across my face, as my phone began to light up with messages from my colleagues from every corner of the Americas. I left that day happily reflecting on the past 20 years, and wholly re-invigorated for 20 more. I left full of gratitude and pride for my team. And I left convinced of the power we have—as AIDA, as attorneys, as citizens, as human beings—to create change. It all goes to show that, while we may be small, we are not alone. Together we are powerful and, together, we are capable of building a better world. The decision is now in the hands of the Court, whose opinion has the power to influence the future of development in the Americas.
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Costa Rica launches wetlands protection policy
On March 6, Costa Rica’s rivers, lakes, mangroves and other wetlands became better protected when the government launched its first national policy for their sustainable management. The National Wetlands Policy (2017-2030) was created to preserve and revitalize the nation’s wetlands and the great biodiversity they house. The Ministry of the Environment, the National System of Conservation Areas, and the United Nations Development Program created the historic public policy instrument over the last year and a half. AIDA helped develop the policy, providing comments based on international environmental law. We drew from our experience helping Mexico craft its own wetlands policy in 2014. “We sought to ensure that the National Wetlands Policy was in alignment with Costa Rica’s obligations under the Ramsar Convention, an intergovernmental treaty that states all countries should have a wetlands policy and provides governments with assistance protecting wetlands in their territory,” explained Gladys Martínez, senior attorney with AIDA’s Marine Biodiversity and Coastal Protection Program. Costa Rica’s Organic Law of the Environment defines wetlands as ecosystems that depend on both sweet and brackish water, are natural or artificial, and which can be permanent or temporary. Therefore, wetlands are not just bodies of water like rivers and lakes; they’re also marshes, mangroves, flood plains, and coral reefs, among others. “In Costa Rica we have thousands of wetlands that represent roughly seven percent of the national territory,” stated Edgar Gutiérrez, the Minister of Environment and Energy, in a statement released to mark the launch of the policy. “This policy will help improve the governance and protection of these resources, paying off a historic debt to our vital ecosystems.” Five main components The policy’s action plan is based on five strategic themes: Conservation of wetlands, their goods and services: Avoid future losses of wetlands and mitigate factors that endanger their health and wellbeing. It also proposes the creation of a National Inventory of Wetlands. Climate adaptation and rational use: Identify which wetlands are the most vulnerable to climate change and to carry out mitigation actions. Ecological rehabilitation: Once vulnerable wetlands are identified, recovery actions will be planned. Strengthening institutional support for adequate management: Better coordination and communication between the entities in charge of the management and conservation of wetlands. Inclusive participation: Citizens should be involved and participate actively in wetland-conservation processes. Community consultation It’s particularly important to celebrate the participatory nature of the policy. Many Costa Ricans base their lives and livelihoods on the health of wetlands and other natural environments. Now, instead of removing the public from decision-making, the government officially recognizes the importance of consultation. “The most important aspect of the policy is that, in addition to complying with the Ramsar Convention, the government is also complying with other international conventions that promote consultation,” Martínez explained. Costa Rica’s new policy represents a significant advance in defense of the environment. It shows the region that progressive environmental policies are possible. At AIDA we’re happy to say “Pura Vida!” to the wetlands. We hope more countries will join in their protection.
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Attacks against Guatemalan human rights defenders denounced
Communities and organizations appealed to the Inter-American Commission on Human Rights, urging the State of Guatemala, private businesses, and investors to guarantee the human rights of people and communities affected by large hydroelectric projects. They presented a report, outlining 10 different cases, which documents 273 incidents of threats, criminalization, and attacks against defenders, traditional authorities, journalists, and communities. Criminalization included 103 arrest warrants, imprisonment of 36 defenders, and the murder of 11. Washington, DC, United States. A coalition of communities and organizations denounced human rights violations against traditional and indigenous communities in Guatemala, at a hearing before the Inter-American Commission on Human Rights. Because of their opposition to large hydroelectric projects, the human rights defenders have been threatened, assaulted, treated as criminals, and assassinated. A report presented before the Commission, featuring 10 different cases, notes that various communities confronting these projects have faced rights abuses including violations of their rights to free, prior, informed, and culturally appropriate consultation; self-determination; due process; and life. The report also outlines how those who defend affected people and communities have been victims of threats and aggressions. The most common attacks include arrest warrants (103), assaults resulting in injuries (56), imprisonment (36), detention (25), criminalization (16), and threats (15). There have been 11 documented murders and three conflict-related deaths in communities that oppose these hydroelectric projects. At least 19 companies are linked to hydroelectric projects in Guatemala, of which 55 percent are national, 40 percent are transnational, and five percent are State-owned. The complaints emphasized that it is the duty of the State to guarantee the rights of communities, and of the people who defend them. The obligation to respect human rights also extends to operating companies and project funders. Therefore, the organizations and communities ask the Guatemalan State to: Comprehensively respect the rights of indigenous people, including the rights to self-determination; consultation; and free, prior, informed, and culturally appropriate consent. Ensure the safety of human rights defenders. Include the participation of indigenous communities in the design and implementation of their energy-development policies. They also request the companies involved to: Comply with due diligence in matters of business and human rights. Refrain from taking actions, such as filing lawsuits, that result in criminalization of and attacks on human rights defenders. Publicly recognize the positive and fundamental role of human rights defenders in democracy. The complete report (in Spanish) is available here. Authors Include: Acompañamiento de Austria (ADA); Asamblea Departamental de Pueblos de Huehuetenango (ADH); Asociación de Abogados Mayas de Guatemala; Asociación Indígena Ch`Orti` Nuevo Día; Interamerican Association for Environmental Defense (AIDA); Business and Human Rights Resource Center; Consejo del Pueblo Maya (CPO) Consejo Mam; Guatemala Human Rights Commission, USA (GHRC); Guatemala Solidarity Network; Microregión de Ixquisis, San Mateo Ixtatán; The Swedish Fellowship of Reconciliation (SweFOR); PAYXAIL YAJAW KONOB (Gobierno Ancestral Plurinacional) AKATEKA, CHUJ, POPTI’, Q’ANJOB’AL; International Platform Against Impunity; Protection International; Proyecto Acompañamiento Quebec Guatemala Montréal, Canadá; Resistencia Río Dolores and Unidad de Protección a Defensoras y Defensores de Derechos Humanos (UDEFEGUA). Press contacts: Karen Hudlet, Business and Human Rights Resource Center, [email protected] Rodrigo da Costa Sales, Interamerican Association for Environmental Defense (AIDA), [email protected]
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