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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International Environmental Law: History and milestones
International Environmental Law (IEL) is a discipline that involves the whole world in the protection of a common good: our environment. At AIDA, we apply it every day to help individuals and communities defend the environment and the fundamental human rights that depend on it. But where did this global discipline come from and how has it evolved? Its rules have not been dictated by a national institution or an international authority. Rather, it is a compendium of declarations, treaties and rules—some binding, some voluntary—that have developed alongside scientific knowledge and awareness of the current state of our natural world. The history of IEL can be divided into three stages, separated by two of the most relevant international conferences held so far: the Stockholm Conference (1972) and the Rio de Janeiro Earth Summit (1992). And in 2016, with the signing of the Paris Agreement, a new stage began to confront humanity's most important natural challenge: the current climate emergency. The beginnings: Before Stockholm Before the 1960s, there was little environmental awareness and only a few isolated international environmental regulatory initiatives. One of these was the failed London Convention of 1900, which sought to protect African wildlife. It never came into force because it was not signed by the minimum number of parties. It was replaced 33 years later by the 1933 London Convention, which was implemented in much of colonized Africa through the creation of nature parks and species protection. During those years, other initiatives were carried out in isolation. But things really started to change in the 1960s, when public opinion became aware of the dangers threatening the planet. Some of the events that marked this era were the publication in 1962 of the book Silent Spring by Rachel Carson, which documented the negative effects of pesticides on birds and the environment; and the release of the image known as Earthrise, taken by astronaut William Anders in 1968 during the Apollo 8 mission. The Stockholm Declaration A product of the first UN Conference on the Human Environment, the Stockholm Declaration (1972) was the first international document to recognize the right to a healthy environment through 26 principles, many of which have played an important role in the subsequent development of IEL. Principle 21, for example, confirmed one of the cornerstones of IEL: the responsibility of States to ensure that activities under their jurisdiction do not cause damage to the environment of other States. The Declaration also established the Principle of Cooperation, which is crucial in the further development of IEL, by recognizing that countries should unite their efforts to meet the global challenges of our shared environment. Also in Stockholm, the UN General Assembly created the United Nations Environment Programme (UNEP), the central body in charge of environmental affairs today. Between Stockholm and Rio After Stockholm, changes began to be seen in national governments: the first green political parties were formed, some Ministries of Environment were created, and a significant amount of local environmental legislation began to be developed. In 1983, the UN created the World Commission on Environment and Development, known as the Brundtland Commission. Its work, which focused on the difficult relationship between environment and development, resulted in the report Our Common Future (1987). That document coined the concept of sustainable development - defined as "meeting the needs of the present generation without compromising the ability of future generations to meet their own needs" - which is the basis for the evolution of IEL. At this time, some of the global environmental problems that still afflict us today began to manifest themselves--including the depletion of the ozone layer, risks to biological diversity, and the threat of climate change. International cooperation was absolutely necessary and developed countries would have to help poorer countries if humanity was to be able to meet such challenges. In 1987, the Montreal Protocol was signed to combat the depletion of the ozone layer. This international agreement has been an example of successful international cooperation.Because of it, it’s believed that the ozone layer could recover by 2050. The Earth Summit in Rio de Janeiro In 1992, during this Conference, two conventions were presented to be signed by national governments: the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change (UNFCCC). The Rio Declaration was also established, which reaffirmed the Stockholm Declaration and the Agenda 21 action program, which continues to guide governments and non-state actors in environmental protection activities. In Rio, in the face of growing evidence that human activities in pursuit of economic growth were responsible for major environmental threats, the central concept continued to be sustainable development. Two principles of the Rio Declaration deserve special consideration: the Precautionary Principle, the most advanced form of prevention and important to the formation of modern IEL; and Principle 10, which recognizes the right to information, participation, and justice in environmental matters. In 1998 Principle 10 gave rise to the Aarhus Convention, binding in Europe and Central Asia. The Aarhus Convention is the predecessor of the Escazú Agreement, which seeks recognition of these rights in Latin America. This recognition is also considered an important milestone in the creation of IEL because it shows the emergence of civil society as an increasingly important and active player in global environmental protection. After Rio and into the Future After Rio, all major economic treaties began to include environmental protection. A case in point is the Marrakech Agreement, which created the World Trade Organization in 1994 and was the first economic treaty to recognize the goals of sustainable development and environmental protection. The Convention on Climate Change of 1995 deserves special mention, since its signatories have met every year at the so-called Conference of the Parties (COP). Within this framework, in 1997, the Kyoto Protocol was presented. Despite not having been successful in mitigating greenhouse gas emissions, it was the first international agreement to establish legally binding obligations for developed countries. In 2000, 189 countries adopted the Millennium Declaration in New York, which strengthened the importance of sustainable development by recognizing the need for sustainable economic growth with a focus on the poor and respect for human rights. Two years later, in 2002, representatives from 190 countries attended the UN World Summit on Sustainable Development in Johannesburg to follow up on the commitments of the Rio Summit. On that occasion, they adopted the Declaration on Sustainable Development, which focused on development and poverty eradication with a legal-economic approach on "public-private partnerships”. And in 2012, the UN organized the third Conference on Sustainable Development, known as Rio + 20, which brought together 192 Member States, private sector companies, NGOs, and other organizations. The result was a non-binding document called The Future We Want. In the document, States renewed their commitment to sustainable development and the promotion of a sustainable future. Modern Times The Kyoto Protocol to address climate change gave way to the Paris Agreement (2016). In this agreement, the signatory countries committed themselves to doing everything possible to prevent the average temperature of the planet from rising by 2°C, compared to pre-industrial levels, and hopefully staying below a 1.5°C rise. The relationship between human rights and climate change was recognized in its preamble. Having been ratified by almost all countries in the world, it has immense potential as an instrument of international law. In fact, recently the first ruling that prevented a project (the expansion of an airport) was made in England, on the grounds that by proceeding the country would not be complying with the Paris Agreement. A contemporary landmark of great relevance, especially for Latin America, is Advisory Opinion 23 (2017) on the environment and human rights of the Inter-American Court of Human Rights. In it, the Court recognized for the first time the right to a healthy environment as fundamental to human existence, as well as the impacts of environmental degradation and climate change on human rights. Finally, it is worth mentioning the current construction of an international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. In recognition of the crucial role that the ocean plays in the health of the planet and especially in the stability of the climate, safeguarding the vast and mysterious areas in the high seas seems to be absolutely necessary. Conclusion: Where do we stand? After reviewing the most important milestones related to global efforts to address the serious environmental crisis we are experiencing, it is inevitable that we will be plunged into deep concern. Global initiatives have not succeeded in motivating the change of direction we need for our planet to begin to regain its health. As it stands, no one can ensure that future generations will be able to meet their needs as past and present generations have done. Despite the disappointments, it is important to continue promoting global initiatives where common policies are discussed and where IEL takes shape. Although these initiatives have not yet been able to stop the environmental crisis, they have strengthened IEL as an instrument to defend our causes, something that we make the most of at AIDA. Likewise, world conferences often become platforms for large-scale protests and awareness-raising campaigns directed by global civil society, which has become increasingly alert and determined to defend our environment. Today, much of the hope for change lies in the strength of civil society, especially in the young people who have awakened and come to the defense of the planet. This force finds in IEL a point of support to demand what we need: a resounding change in the model of development that still guides the affairs of the planet, and which is causing so much damage.
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Sharks in Colombia: The risks of weak regulation
Sharks have inhabited the planet for more than 400 million years, one of the oldest and most diverse classes of animals. They’re considered apex predators because they’re at the top of the oceanic food chain. Due to their position, sharks play a fundamental role in marine ecosystems: controlling populations of fish, marine mammals, and some invertebrates. Their contribution, however, has been eclipsed by bad publicity. Sharks have been stigmatized as frightening beasts that are perpetually prepared to attack humans with their razor-sharp teeth. This reputation went viral due to Steven Spielberg’s 1975 classic film, Jaws. Scientific experts say that these types of films inspired dozens of tournaments in which sharks were fished mercilessly, and indiscriminate fishing has diminished the numbers of most species of sharks. According to an article by the magazine Marine Policy, more than 100 million sharks are killed each year. And 17 of the 39 pelagic shark species are threatened with extinction, according to the International Union for Conservation of Nature (IUCN). Of the 400 that exist worldwide, Colombia is home 76 species of sharks, which are distributed through 18 families in the Caribbean (57) and the Pacific Ocean (36). These statistics rank Colombia as the third most diverse country in terms of sharks in Latin America, after Mexico and Brazil. Many of these species, however, are considered vulnerable or at risk of extinction on the Red List of Marine Fishes. Colombian regulations allow small-scale artisanal shark fishing by communities on both coasts, but prohibit industrial scale shark fishing. The reality on the water, however, is that weak enforcement fails to adequately protect these magnificent creatures within Colombia’s boundaries. An ineffective tool Since 1990, the Ministry of Agriculture and Rural Development has produced annual resolutions regulating artisanal shark fishing. The resolution passed this year—known as Resolution 350 and published on October 25, 2019—was widely rejected by environmental and citizens groups across the country. One of the main reasons for this rejection is that the resolution maintains high fishing quotas (quantity of tons allowed) that date from 2011 and include vulnerable or at-risk species. Establishing quotas without scientific evidence on the current state of shark populations encourages overfishing and does not contribute to the conservation of these animals. Sharks have long gestation periods and give birth to few young, making it difficult for their populations to rebound in the face of overexploitation. Furthermore, Resolution 350 establishes a specific quota for shark fins, despite the fact that a prior resolution (Resolution 1743 from 2017) specifically prohibited the practice of fishing for shark fins in Colombia. Thus the new resolution could be misinterpreted and lead to an increase in the illegal market for shark fins in the country. Not only is harvesting fins illegal but it is also a cruel practice that involves cutting the fins off of a captured shark and throwing the still-living animal back into the sea. To meet the quota for shark fins without resorting to the illegal practice, it would be necessary to catch approximately 110,000 sharks. Although not eaten in Colombia, shark fins are highly prized on the international market, particularly in Asian countries. Between 2012 and 2016, more than 800 tons of shark fins were illegally exported from Colombia to Taiwan, China and Hong Kong, according to Fundación MarViva. Fishermen are able to sell sharks to the Asian market without breaking any law by claiming them as bycatch, experts at Colombia’s Fundación Malpelo have pointed out. Towards Effective Protection Colombia has many international obligations to conserve its biodiversity, of which sharks are a part. Some of these are the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region. The National Action Plan for the Conservation and Management of Sharks highlights the responsibility to sustainably manage Colombia’s marine resources, prioritizing the management and conservation of various species. The government must act accordingly. Thanks to recent popular action, Resolution 350 will be modified to eliminate the term “shark fin” and therefore avoid its exploitation. Nevertheless, the Resolution contains other loopholes and weaknesses that must be corrected. It fundamentally important that scientific studies be taken into consideration during the creation of future resolutions. This will allow for fishing, as it is currently practiced, to become a truly sustainable practice. Also, where scientific data is lacking, it is essential that decisions be based on the Precautionary Principle, so as to avoid causing irreversible harm to species and ecosystems. The effective protection of sharks in Colombia requires more than legal measures. It’s also necessary to educate the people about the importance of protecting shark populations and maintaining the health of marine ecosystems, and to share with local communities fishing methods and management strategies that support sustainable fisheries. Sharks are key to the health of our oceans, and the debate brought about by th fishing regulations creates an opportunity to rethink and improve our decisions.
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