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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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Although its presence in the atmosphere is less than that of carbon dioxide (CO2)—the most abundant and well-known greenhouse gas—methane is much more effective at retaining heat due to its chemical composition. Therefore, adding smaller amounts of methane to the atmosphere can have an effect equal to that of adding tremendous amounts of CO2. Since 2006, the amount of methane in the atmosphere has grown considerably—by about 25 million tons per year. Studies have associated this increase with the leakage and burning of methane from the extraction of unconventional hydrocarbons through the process of fracking, or hydraulic fracturing. Although extracting gas through fracking is sold as a “greener” alternative to other fossil fuels, it is a false narratiave that must be combatted. In general, all activities that cause methane emissions aggravate the climate crisis and the increasingly urgent need to combat air pollution. The common understanding of methane is inaccurate. Therefore, it’s necessary to generate more awareness about what it is and what its real impacts are. What follows are five basic facts about methane. 1. Methane is a short-lived greenhouse gas and climate pollutant Methane is a greenhouse gas.The Greenhouse Effect is a natural phenomena in which the atmosphere, composed of different gases, captures some rays of the sun and keeps them trapped in order to balance the temperature of the planet. When an excess of gases such as methane are emitted, the atmosphere traps more heat than necessary, leading to global warming. Methane has 67 times more power than CO2 to warm the planet over a 20-year period. Its emissions are responsible for nearly 25 percent of global warming. And since it stays less time in the atmosphere—12 years on average (CO2 stays for centuries)—it is among the Short Lived Climate Pollutants (SLCPs), which cause 40-45 percent of global warming and damage air quality. 2. Methane primarily is produced from human sources About 60 percent of the methane in the atmosphere is considered by scientists to be caused by human activity, while the other 40 percent comes from natural sources like wetlands, volcanoes, and permafrost. Human sources include livestock, gas and petroleum exploitation, rice farming, mining (particularly coal mining), and landfills. It should be noted that, according to scientific evidence, reservoirs are also an important source of methane. They generate 1.3 percent of all greenhouse gases worldwide each year, more than all of Canada's polluting emissions, and 80 percent of that pollution is from methane. 3. Methane directly and indirectly degrades air quality Large amounts of methane are intentionally leaked or released during the exploitation, processing, and transportation of oil and gas. In the United States alone, such direct emissions amount to 13 million tons each year. When released into the atmosphere, methane is accompanied by other toxic pollutants such as benzene, formaldehyde, and ethylbenzene. In addition, by interacting with solar radiation, methane promotes the formation of ground-level ozone (O3), another short-lived climate pollutant (CCVC) and the main component of smog. Methane gas flaring also produces black carbon and volatile organic compounds (VOCs), which are also CCVCs. 4. Methane causes serious damage to human health As mentioned, methane emissions promote the formation of ozone found in the lower layers of the atmosphere, which has serious impacts on public health. It irritates the airways, generates a feeling of burning and shortness of breath, complicates asthma, causes lung dysfunction and even premature death, and alters the immune system's response, reducing its ability to respond to diseases such as COVID-19, which mainly affects the airways. And since methane burning generates black carbon, it is relevant to point out that it is a key component of particulate matter (PM 2.5)—particles that are 35 times smaller than a grain of sand. These particles cannot be filtered or retained naturally in the nose, and can even enter the lungs. Particulate matter is the air pollutant most frequently associated with cardiovascular, respiratory, and pulmonary diseases, including lung cancer. 5. It is urgent to regulate and curb methane emissions Since methane, in addition to aggravating the climate crisis, deteriorates air quality and with it human health, it is urgent to act to curb its emissions. Civil society must demand that governments efficiently regulate methane emissions from the hydrocarbon industry and other sectors such as coal mining and industrial livestock. In addition, we must demand the monitoring of emissions, as well as the production and dissemination of timely information about methane’s damage to our air quality.
Read more5 things you should know about methane
Although its presence in the atmosphere is less than that of carbon dioxide (CO2)—the most abundant and well-known greenhouse gas—methane is much more effective at retaining heat due to its chemical composition. Therefore, adding smaller amounts of methane to the atmosphere can have an effect equal to that of adding tremendous amounts of CO2. Since 2006, the amount of methane in the atmosphere has grown considerably—by about 25 million tons per year. Studies have associated this increase with the leakage and burning of methane from the extraction of unconventional hydrocarbons through the process of fracking, or hydraulic fracturing. Although extracting gas through fracking is sold as a “greener” alternative to other fossil fuels, it is a false narratiave that must be combatted. In general, all activities that cause methane emissions aggravate the climate crisis and the increasingly urgent need to combat air pollution. The common understanding of methane is inaccurate. Therefore, it’s necessary to generate more awareness about what it is and what its real impacts are. What follows are five basic facts about methane. 1. Methane is a short-lived greenhouse gas and climate pollutant Methane is a greenhouse gas.The Greenhouse Effect is a natural phenomena in which the atmosphere, composed of different gases, captures some rays of the sun and keeps them trapped in order to balance the temperature of the planet. When an excess of gases such as methane are emitted, the atmosphere traps more heat than necessary, leading to global warming. Methane has 67 times more power than CO2 to warm the planet over a 20-year period. Its emissions are responsible for nearly 25 percent of global warming. And since it stays less time in the atmosphere—12 years on average (CO2 stays for centuries)—it is among the Short Lived Climate Pollutants (SLCPs), which cause 40-45 percent of global warming and damage air quality. 2. Methane primarily is produced from human sources About 60 percent of the methane in the atmosphere is considered by scientists to be caused by human activity, while the other 40 percent comes from natural sources like wetlands, volcanoes, and permafrost. Human sources include livestock, gas and petroleum exploitation, rice farming, mining (particularly coal mining), and landfills. It should be noted that, according to scientific evidence, reservoirs are also an important source of methane. They generate 1.3 percent of all greenhouse gases worldwide each year, more than all of Canada's polluting emissions, and 80 percent of that pollution is from methane. 3. Methane directly and indirectly degrades air quality Large amounts of methane are intentionally leaked or released during the exploitation, processing, and transportation of oil and gas. In the United States alone, such direct emissions amount to 13 million tons each year. When released into the atmosphere, methane is accompanied by other toxic pollutants such as benzene, formaldehyde, and ethylbenzene. In addition, by interacting with solar radiation, methane promotes the formation of ground-level ozone (O3), another short-lived climate pollutant (CCVC) and the main component of smog. Methane gas flaring also produces black carbon and volatile organic compounds (VOCs), which are also CCVCs. 4. Methane causes serious damage to human health As mentioned, methane emissions promote the formation of ozone found in the lower layers of the atmosphere, which has serious impacts on public health. It irritates the airways, generates a feeling of burning and shortness of breath, complicates asthma, causes lung dysfunction and even premature death, and alters the immune system's response, reducing its ability to respond to diseases such as COVID-19, which mainly affects the airways. And since methane burning generates black carbon, it is relevant to point out that it is a key component of particulate matter (PM 2.5)—particles that are 35 times smaller than a grain of sand. These particles cannot be filtered or retained naturally in the nose, and can even enter the lungs. Particulate matter is the air pollutant most frequently associated with cardiovascular, respiratory, and pulmonary diseases, including lung cancer. 5. It is urgent to regulate and curb methane emissions Since methane, in addition to aggravating the climate crisis, deteriorates air quality and with it human health, it is urgent to act to curb its emissions. Civil society must demand that governments efficiently regulate methane emissions from the hydrocarbon industry and other sectors such as coal mining and industrial livestock. In addition, we must demand the monitoring of emissions, as well as the production and dissemination of timely information about methane’s damage to our air quality.
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Science as a human right and a tool for environmental justice
By María Fernanda Ordoñez y Andrés Ángel According to the Encyclopedia Britannica, science is any system of knowledge that is concerned with the physical world and its phenomena and that entails unbiased observations and systematic experimentation. For its part, the United Nations (UN) defines science as the tool created by human beings to understand the world around them, and thus apply that knowledge to their benefit. If science is such an important tool, why is it not available to everyone? There is still a long way to go before science is recognized as a human right, and even the advances that have been made to that end are not well enough known. The so-called right to science was formed in the 1948 Universal Declaration of Human Rights, article 27 of which states that "everyone has the right to participate in scientific progress and in the benefits resulting therefrom.” It is also referred to in the Charter (Article 38) of the Organization of American States and in the American Declaration of the Rights and Duties of Man. In addition, the International Covenant on Economic, Social and Cultural Rights—which entered into force in 1976—recognizes in its Article 15 the right of every person to "enjoy the benefits of scientific progress and its applications.” It is precisely to raise public awareness of the responsible use of science for the benefit of society that World Science Day for Peace and Development is celebrated every November 10. The big gaps remaining Although the right to science is promoted by various world class scientific organizations, like the American Association for the Advancement of Science (AAAS), its application is still relatively unknown. This may be due in part to ignorance and economic difficulties in some countries. In Latin America and the Caribbean, socioeconomic, racial, and gender gaps are the major obstacles to the establishment of the universal right to science, which is closely linked to other rights, such as the right to education. According to UNESCO’s 2017-2018 World Education Report, 52 percent of children and adolescents in the region fail to reach minimum levels in mathematics and 36 percent fail in reading. In addition, in 2015 the rate of out-of-school youth of secondary school age reached 15.3 percent. A more telling indicator is the percentage of the Gross Domestic Product (GDP) allocated to public education, which stands at an average of 5 percent. In terms of the percentage of GDP allocated to research and development, the World Bank data shows that the countries that allocated the most resources for this purpose in 2017 were Brazil (1.26%) and Argentina (0.54%), followed by Cuba (0.43%) and Costa Rica (0.42%). The lowest figures were recorded in Guatemala (0.03%), Honduras (0.04%) and Peru (0.12%). These figures demonstrate that there are profound challenges to be faced in order to create the necessary conditions for the effective exercise of the right to science. Science in the Service of Environmental Justice Scientific advances allow us to find solutions to the new economic, social and environmental challenges we face on our way to a more just and sustainable future. Most communities in Latin America lack access to basic tools, or the training to develop programs for independent monitoring of environmental parameters, such as air or water quality. Thus, communities are at a serious disadvantage in the context of socio-ecological conflicts that may result from proposals for large mining, oil, and agro-industrial projects. However, it’s worth highlighting and promoting progress where it exists. It is encouraging to hear from empowered communities that have decided to implement community water quality monitoring programs, epidemiology initiatives, and many others. There is also hope because UNESCO data shows gross enrollment in higher education rose from 22 to 46 percent between 2000 and 2015. Likewise, many of the region’s civil society organizations are supporting the recognition of the right to science. At AIDA, scientific knowledge is used to strengthen our legal strategies to protect people and environments in the region. During the AAAS’s Conference on Science, Technology, and Human Rights in October 2019, we explained the link between science and human rights advocacy, and how we apply it in our work. Two months earlier, in August, UNESCO organized their first Latin American workshop in Argentina to discuss the development and implications of the right to science. There, the right to science was defined as a major focus of the organizattion’s work in the region. Strengthening the right to science in Latin America is vital for promoting more just and sustainable societies, where socioeconomic, racial, and gender gaps do not impede access to information as a common good. It’s essential to involve trained people committed to research in projects, organizations, and entities that promote social and environmental justice. In addition, the support of scientific professionals is fundamental to the process of knowledge transfer between countries and regions. This support is indispensable for the development of effective and efficient public policies. Finally, it should be noted that science should not only contribute to overcoming information asymmetries among actors in society, but should also be practiced and developed within a framework of respect for the rights of nature and human rights. At AIDA, we will continue to promote the right to science, building new capacities and strengthening existing ones, both for our partners and for the communities we support.
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