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 moreDoe 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.
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