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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Remembering Berta Cáceres before the Green Climate Fund
On March 3, Berta Cáceres, an indigenous rights defender in Honduras, was assassinated. As a leader of COPINH, Berta was fighting against the implementation of an internationally funded large dam project. She was fighting for the health of the Gualarque River, and for the lives and livelihoods of the indigenous communities that depend upon it. Her death is a glimpse at the real life impacts that megaprojects may have. That’s why, at the closing of the 12th Meeting of the Board of the Green Climate Fund, I presented a message to the Board on behalf of the civil society organizations monitoring the development and decision making process of the mechanism. The message was intended as a reminder of the care with which financing decisions must be made, as the board prepares to review and approve more projects: “We would like to ask for a moment to remember Berta Cáceres, the indigenous environmental justice and human rights defender brutally murdered last week in Honduras. She was leading a fight against an internationally financed large dam that threatened her water, her land, and her people. We would like to ask all of you to do whatever you can to secure justice for Berta, and the immediate safe return of Gustavo Castro, head of Friends of the Earth Mexico, who was injured during the assassination and whose life is now in danger. Berta’s murder serves as a tragic reminder to the GCF of the incredible risks faced by rights defenders, and the deep need to safeguard their rights and the rights of the people and land they fight for. The GCF must not support questionable projects like the one that claimed her life and must obtain in all of its projects and programmes the free, prior and informed consent of people and communities to protect their livelihoods and survival.”
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The Precautionary Principle: A legal tool against the impacts of fracking
This report analyzes the viability of using the precautionary principle to prevent, avoid or stop fracking operations in Latin America. These measures can result in prohibitions or moratoriums, as has occurred in various states, provinces and cities across America and Europe. Fracking is a technique that enables the exploration of historically inaccessible reservoirs of natural gas or petroleum. Governments and businesses across the world have pushed for the exploration of these reservoirs due to declining global reserves of conventional hydrocarbons, thanks to 150 years of overexploitation. The exploitation of unconventional hydrocarbons is technically more difficult, has a higher economic cost, and implies greater risks to the environment and public health.Promoting fracking to extract unconventional hydrocarbons is a bad decision on climatic, political, social and environmental levels. It deepens our dependence on fossil fuels and wastes energy and resources that should be directed at developing renewable energies.That's why we felt it important to examine the viability of applying the precautionary principle as a legal tool to avoid or slow down the risks and damages caused by fracking, particularly in countries that have begun or are planning to begin fracking in coming years. Read and download the report (in Spanish)
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Organizations condemn Eco Oro’ threat to sue Colombia over efforts to protect páramos
The Canadian company developing the Angostura gold mine in the high-altitude wetlands, or páramo, of Santurbán, has announced that it could file an international arbitration suit against Colombia over measures to protect the páramo, which is an important source of water in the country. Washington/Ottawa/Bogotá/Bucaramanga/Ámsterdam – Civil society organizations condemn Eco Oro Minerals’ announcement that it will initiate international arbitration against the Colombian state. Eco Oro has stated its intention to sue Colombia under the investment chapter of the Canada Colombia Free Trade Agreement over measures that the Andean state has taken to protect the Santurbán páramo and páramos around the country from harmful activities such as large-scale mining. Eco Oro Minerals’ Angostura proposed gold mine in Santurbán has financial backing from the World Bank’s International Finance Corporation. The company argues that it will lose money because of the demarcation of the páramo and the recent decision from the Constitutional Court of Colombia reaffirming the prohibition against mining in all Colombian páramos. The company stated in a news release that it could bring the dispute to international arbitration and seek “monetary compensation for the damages suffered.” “Since the Angostura project got underway, it has been clear that páramos are constitutionally and legally protected and that this project could affect Santurbán, such that it might not be authorized. States should not be sanctioned for protecting their water sources, given that they are doing so in accordance with national and internacional obligations,” remarked Carlos Lozano Acosta from the Interamerican Association for Environmental Defense (AIDA). The páramos are the source of 70% of the fresh water that is consumed in Colombia and are essential for mitigating climate change. The proposed gold mine was already the subject of a complaint to the Compliance Advisor Ombudsman of the International Finance Corporation (IFC). The Committee in Defense of the Water and Páramo of Santurbán filed the complaint in 2012. The IFC is the part of the World Bank Group exclusively focused on the private sector. A report based on this investigation is expected in the coming months. “The implication and the irony of Eco Oro’s statement is that the IFC’s investment in the company could be used to litigate against member states of the World Bank. It’s time for the IFC to withdraw its investment from this company,” stated Carla García Zendejas from CIEL. “In 2011, the Colombian Ministry of the Environment denied an environmental permit for the Angostura project, demonstrating its inviability. The Constitutional Court’s decision reaffirmed this, finding that the right to water and the protection of the páramos takes precedent over the economic interests of companies trying to develop mining projects in these ecosystems,” commented Miguel Ramos from the Santurbán Committee. “Just as has we have seen in El Salvador, where the state is being sued for US$250 million for not having granted a Canadian company a mining permit when the company did not even fulfill local regulations, the international arbitration system enshrined in neoliberal investment agreements is a real threat to the sovereignty of states and peoples to decide over highly important issues, such as water,” said Jen Moore from MiningWatch Canada. The organizations call on the company to abstain from arbitration against the Colombian state and note the risk that other companies with projects in the Santurbán páramo could follow Eco Oro’s example. Find additional information here.
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