Project
Victory: Constitutional Court Defends Right to Prior Consultation
On January 23, 2008, the Colombian Constitutional Court declared the Forest Law of 2006 to be unconstitutional and therefore, invalid, because lawmakers did not consult with indigenous, afrodescendant, and tribal communities during development of the law as required.
This decision is an advance for these Colombian communities who view many economic development projects and policies as a threat to their traditional territory and cultural identity, as well as the environment. The ruling also establishes a valuable legal precedent that can be used to bolster indigenous and tribal communities’ rights in other legal cases throughout the Americas.
The Colombian government is required by law to consult with indigenous and tribal communities regarding administrative and legislative decisions that may affect them. It is obligated to do so because the Colombian Congress previously adopted into law “Convention 169,” a treaty of the International Labour Organization that protects this right and others.
In this case, the Court decided that indigenous and tribal communities should have been consulted because the Forest Law regulates forest issues in general terms, and contains provisions that “will likely affect areas generally used by the communities, which could impact their lifestyles and their close relationships with the forests.”
The court also declared that the requirement to consult with indigenous and traditional communities cannot be replaced with the general public participation process that the government carried out regarding the Forest bill. Rather, to comply with the law, the government should inform the communities about the proposed law, explain its implications and how it could affect them, and give them opportunities to effectively state their opinions regarding the bill.
As a result of this court ruling and civil society’s call to respect the right to prior and informed consultation, the Colombian government proposed a law to regulate and enforce this fundamental right. The Ministry of Agriculture also began developing a new forest law, this time using a process that complies with prior and informed consent procedures.
The lawsuit was brought by a group of students and professors from the University of Los Andes Law School in Bogota with the support of AIDA. Social organizations including the Proceso de Comunidades Negras, the National Indigenous Organization of Colombia (ONIC) and CENSAT Agua Viva also supported the group in presenting this case.
This group also filed a second lawsuit against the Forest Law alleging that the law violated Constitutional provisions protecting the environment. However, because of the January court decision, no decision will be made on this second suit.
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Doe Run Smelter in La Oroya, Peru, Loses Environmental Certification
FOR IMMEDIATE PUBLICATION: April 9, 2008 Press Contacts: Perry Gottesfeld, Executive Director OK International 415-362-9898 [email protected] Anna Cederstav, Ph.D. AIDA and Earthjustice 510-550-6700 [email protected] DOE RUN SMELTER IN LA OROYA, PERU, LOSES ENVIRONMENTAL CERTIFICATION Lima, Peru – Doe Run Peru, which operates one of the largest metal-smelters in the hemisphere, has lost its Environmental Certification in a highly unusual move taken by the company’s independent third-party auditors. TUV Rheinland initially granted the certification less than two years ago, but revoked it March 11, 2008 citing non-compliance with Peruvian environmental laws and the lack of adequate pollution prevention measures. The loss of the certification comes on the heels of a $234,000 US fine imposed last year against Doe Run Peru for several serious violations of environmental laws in Peru. This week, Peruvian authorities released a report detailing those violations, including noncompliance with the standards for lead and particulate matter. Doe Run Peru obtained the environmental certification under ISO 14001 in 2006 calling it a “significant milestone in delivering on our commitments to our communities, our employees and the environment." The Doe Run Company’s web site calls the ISO certification an “internationally recognized symbol of a company’s dedication to superior quality, customer satisfaction and continuous improvement.” Nevertheless, a number of studies conducted by the government as well as international health experts have shown that almost all of the children living in the area surrounding Doe Run Peru’s smelter have unacceptably high levels of lead in their bodies. Many are severely exposed and require immediate medical treatment. “TUV Rheinland acted responsibly in taking this unprecedented action to underscore the need for Doe Run Peru to do more to protect public health in La Oroya” said Perry Gottesfeld, Executive Director of Occupational Knowledge International (USA). “Revoking the certification should send a strong message to Doe Run that they have much more work to do,.” said Anna Cederstav, Staff Scientist with AIDA and Earthjustice, and author of the book La Oroya Cannot Wait. “Nevertheless, we are still concerned that, if paid enough, another certifying body will agree to provide Doe Run with a similar certification.” she added. In 2006, several organizations filed a petition with the Inter-American Commission on Human Rights of the Organization of American States, seeking a recommendation that the Peruvian government implement urgent measures to halt the grave violations against the health and lives of the citizens of La Oroya. Last year, the Commission agreed and requested that the state implement such precautionary measures. The World Health Organization (WHO) estimates that 120 million people are overexposed to lead (approximately three times the number infected by HIV/AIDS) and 99 percent of the most severely affected reside in the developing world. Lead affects both children and adults and causes brain damage, metal retardation, and other learning disabilities in children. In addition to lead, the population of La Oroya is also exposed to extreme levels of other harmful contaminants, including arsenic, cadmium, and sulfur dioxide.
Read moreThreats from Proposed Dam in La Parota, Mexico, Challenged in Amicus Curiae Legal Brief
AIDA and other international and Mexican organizations submitted a legal brief (Amicus Curiae) to the Collegiate Tribunal of Guerrero in Acapulco in support of a constitutional lawsuit brought by CECOP and the Mexican Center for Environmental Law against the Federal Commission of Electricity (CFE) and other authorities. The lawsuit alleges that the Mexican authorities failed to consult with affected parties and adequately evaluate the environmental impacts of the construction of La Parota dam. Approval of the hydroelectric project disregards national laws, as well as international human rights and environmental laws, including those that protect the rights to a fair trial and economic, social and environmental rights. Among other things, the project’s major human rights violations are a lack of information provided to those affected by the dam and gaps in the comprehensive environmental impact study, which is designed to evaluate damages the dam will cause, measures to prevent impacts, as well as alternatives to the project. Considering these flaws and the human rights violations of people affected by the La Parota megaproject, we appealed to the Collegiate Tribunal of Guerrero, arguing that it should make use of its power, accept the arguments of the Amicus, and cancel all work related to the construction of the La Parota dam until the Mexican government completely complies with local people’s demands and applicable national and international laws. AIDA will continue pursing this paradigmatic case because it is an example of how infrastructure development can cause severe environmental damages and human rights violations in the hemisphere.
Read moreHuman Rights Body Calls on Peru to Protect Citizens from Contamination by American-Owned Smelter
For immediate release: September 5, 2007 PRESS CONTACTS: Astrid Puentes, AIDA (+5255) 52120141 [email protected] Martin Wagner, (510) 550-6700 [email protected] Human Rights Body Calls on Peru to Protect Citizens from Contamination by American-owned Smelter Oakland, CA; Lima, Peru – The Inter-American Commission on Human Rights (IACHR) has asked the government of Peru to take immediate steps to protect the health of inhabitants of La Oroya, Peru, who suffer severe health impacts due to contamination from a smelter owned by American billionaire Ira Rennert. Rennert’s company, Doe Run Peru, owns and operates the smelter. La Oroya residents suffer health problems related to emissions of lead, arsenic, cadmium, sulfur dioxide and other pollution from the smelter. In 2006, the Blacksmith Institute identified La Oroya as one of the ten most polluted places in the world (http://www.blacksmithinstitute.org/ten.php). The Commission ordered Peru to conduct comprehensive medical examinations to determine the extent of the injury to local people and to provide medical treatment to those who need it. The Commission acted in response to a petition submitted by lawyers from the Peruvian Society for Environmental Law (SPDA), the Inter-American Association for Environmental Defense (AIDA), Earthjustice, and the Center for Human Rights and Environment. The petition was filed on behalf of a group of La Oroya residents claiming that Peru’s failure to control the smelter pollution violates their human rights, and especially those of the most vulnerable population – the children impacted by the severe lead contamination. “Controlling contamination from the smelter is crucial to protect the rights and lives of these people,” said Astrid Puentes of AIDA. “The Commission’s action confirms that neither Peru nor the company have taken adequate steps to protect health and human rights in La Oroya,” she added. Since 1999, the Government of Peru has known that almost all the children living near the complex suffer from lead poisoning, yet has failed to remedy the situation. A March 2005 study showed that 99 percent of the children tested had blood lead levels vastly exceeding the safe limits established by the US EPA and the World Health Organization. “We are celebrating, with the hope that we will finally have positive results for the protection of the health of our children, and ourselves,” said one La Oroya petitioner, who, like all the petitioners, has asked to remain anonymous for fear of retaliation by company workers. “In calling on Peru to protective the people of La Oroya, the Commission is indicating its support for people throughout the hemisphere who are threatened by extreme toxic contamination,” said Earthjustice’s Martin Wagner. “The Commission is acknowledging that this kind of pollution violates human rights, and that international law thus requires governments to prevent such tragedies and to take steps to remedy them when they happen. The Commission’s request is based on its interpretation of Peru’s international legal obligations, and it is the government’s responsibility to satisfy those obligations.” “We hope to see the transparent, effective, and rapid implementation of these precautionary measures by Peruvian government authorities” declared Carlos Chirinos, from the SPDA. “The government has moved far too slow in addressing this health crisis,” he added. The Commission’s decision is a preliminary step in its consideration of the petition from the residents of La Oroya. “The Commission has clearly decided that the people in La Oroya cannot afford to await the outcome of the full petition process,” said Wagner. “No matter what the details of its final decision, the Commission is obviously convinced that rights are being violated and the government must act now.”
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