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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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Strengthening society’s call for climate action
When Cristina Briseño learned that the twenty-fifth United Nations Conference on Climate Change (COP25) would be moved from Santiago, Chile to Madrid, Spain she felt like crying. "I had a lot of faith in the pressure that an event as big as this would create for urgent environmental issues in Chile," she told me. At 46 years old, Cristina, a Chilean citizen who has always supported environmental causes, signed up to volunteer at the Social Summit for Climate Action, planned as a parallel event to COP25. When the Conference was move to Madrid, the People’s Summit stayed in Santiago. "The opportunity to discuss climate change issues in a country as vulnerable as Chile was missed," Ingrid Wehr, director of the Heinrich Böll Foundation's Southern Cone Regional Office, said during the Summit. But all was not lost. COP25 was moved due to social unrest in Chile—the result of a historic movement in which the society’s most vulnerable are making their voices heard. In this context, the Social Summit further demonstrated that citizens have a lot to say on environmental issues, and much to contribute to confronting the climate crisis. "In the end, you have to keep fighting with the tools you have," Cristina told me. The Summit that persisted The Summit was organized by Civil Society for Climate Action (SCAC), a platform that brings together more than 130 organizations from different sectors in Chile. It took place at the Tío Lalo Parra Cultural Center in the municipality of Cerrillos, located in southwest Santiago, where the official COP25 was to be held. Characterized by a large amount of waste and unused land, Cerrillos has a desert-like appearance and eroded terrain. "Holding the Summit there meant decentralizing a problem that tends to be discussed in big cities or in the most central spaces of the capitals," Cristina explained. Over 10 days, from December 2 to 11, the Summit hosted hundreds of activities on issues related to the climate crisis, emphasizing the need for more ambitious actions to address it. There were talks, conferences, workshops, art exhibitions, plays, and interactive activities. Participants discussed many issues. While one group focused on socio-environmental activism and conflict, or the role of young people as agents of change, another delved into the impacts of the climate crisis on the ocean and fisheries. Citizens, researchers, activists and community representatives reflected together. From their shared experiences, they demonstrated that the social crisis in Chile is also an environmental crisis reflecting the inequality that plagues the region. "SCAC, which was born with the intention of celebrating the Summit alongside COP25, achieved something very important for the country's environmental movement," said Florencia Ortúzar, an AIDA attorney who participated in an event on decarbonization and just transition. “It achieved the union of Chile’s environmental groups, from the smallest and youngest to the largest and most consolidated. Now we are all connected.” The voice of Latin America Historically, international climate negotiations have failed to respond to the demands of Latin American civil society. That’s why efforts to include the region and the voice of its citizens in climate conversations are so valuable. The Latin American Climate Manifesto embodies this spirit of inclusion. It was jointly developed by hundreds of individuals and organizations from across the region, and launched simultaneously at the Social Summit in Chile and a parallel event in Madrid. The document calls for a better world and outlines the actions necessary to achieve it, focusing on nine water; nature; energy transition; new development models; women; native, indigenous, afro-descendants, and ethnic and tribal peoples; human rights and climate change;climate justice; and climate governance. If anything characterized 2019, it was increased global awareness about the seriousness of the climate crisis and the urgency of facing it together. Last year also saw the awakening of a new social consciousness, and with it the rising voices of the most vulnerable among us, demanding justice. These awakenings are not coincidence, but two sides of the same coin. The call for social justice and environmental justice is being heard around the world, opening up a window of opportunity for change. That’s why it’s essential that human rights be recognized as a central element in all climate action.
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COP25: Organizations call on governments to improve air quality and, with it, slow the climate crisis
In a public letter, environmental and social organizations from Latin America and around the world urge governments to limit short-lived climate pollutants in their international climate commitments, which must be submitted to the United Nations by March 2020. Madrid, Spain. Governments must include ambitious and measurable targets for the reduction of short-lived climate pollutants in their new climate commitments, more than 100 organizations said in an open letter presented today, on the occasion of Human Rights Day, at the twenty-fifth Conference of the Parties (COP25) to the United Nations Framework Convention on Climate Change. "Mitigating short-lived climate pollutants implies reducing global warming in the short term and, at the same time, advancing in the decontamination of our cities," said Javier Dávalos, coordinator of the Climate Change Program at the Interamerican Association for Environmental Defense (AIDA). These pollutants are sometimes called "super climate pollutants" because they contribute to the climate crisis with much more intensity than carbon dioxide (CO2). As their name indicates, they stay a relatively short time in the atmosphere—from days to decades—unlike CO2, which can remain for millennia. Short-lived climate pollutants include black carbon, methane, tropospheric ozone and hydrofluorocarbons. They degrade air quality, affect glacial areas, and reduce crop yields. Poor air quality is the world's most deadly environmental problem. Each year, more than four million people die from the health damages caused by air pollution. The benefit of reducing these harmful emissions has been backed by science. The United Nations Intergovernmental Panel on Climate Change (IPCC), which brings together experts on the subject, stressed that to tackle global warming we must incorporate the mitigation of non-CO2 pollutants, specifically black carbon and methane. In addition, more than 11,000 scientists from around the world noted that the early reduction of short-lived climate pollutants would reduce warming by more than 50 percent over the next several decades. "The coming update of Nationally Determined Contributions opens up the possibility of governments betting on the elimination of these pollutants and thus contributing effectively to the fight against climate change and poor air quality," said Florencia Ortúzar, AIDA attorney. The deadline for governments to update their contributions is March 2020. That’s why the signatory organizations have called for the inclusion of ambitious and measurable goals for the reduction of these short-lived climate pollutants, and for governments to detail how the targets will be implemented, monitored and reported in the new commitments before the United Nations. "The solutions needed to reduce and eliminate each of the four short-lived climate pollutants are not mysteries. They are known and have been proven. But we need governments to prioritize those solutions if we are going to be able to avoid the worst impacts of climate change," commented Amanda Maxwell, director of the Latin America Project for the Natural Resources Defense Council (NRDC). In addition to the open letter, the organizations have launched an online petition for the cause to be supported with signatures from individuals around the world. Both problems, the climate crisis and poor air quality, most severely affect the most vulnerable segments of the population, among them children, pregnant women and the elderly. Confronting poor air quality is a human rights issue. Read the letter to governments. Read and sign the citizen petition. pRESS CONTACTS Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Fabiola Nuñez, NRDC, [email protected], +1 (646) 889-1405 Renata Assumpção (Brazil), Instituto Alana, [email protected] Ricardo Ruiz (Mexico), CEMDA, [email protected], +5215559644162
Read moreCOP25: Organizations call on governments to improve air quality and, with it, slow the climate crisis
In a public letter, environmental and social organizations from Latin America and around the world urge governments to limit short-lived climate pollutants in their international climate commitments, which must be submitted to the United Nations by March 2020. Madrid, Spain. Governments must include ambitious and measurable targets for the reduction of short-lived climate pollutants in their new climate commitments, more than 100 organizations said in an open letter presented today, on the occasion of Human Rights Day, at the twenty-fifth Conference of the Parties (COP25) to the United Nations Framework Convention on Climate Change. "Mitigating short-lived climate pollutants implies reducing global warming in the short term and, at the same time, advancing in the decontamination of our cities," said Javier Dávalos, coordinator of the Climate Change Program at the Interamerican Association for Environmental Defense (AIDA). These pollutants are sometimes called "super climate pollutants" because they contribute to the climate crisis with much more intensity than carbon dioxide (CO2). As their name indicates, they stay a relatively short time in the atmosphere—from days to decades—unlike CO2, which can remain for millennia. Short-lived climate pollutants include black carbon, methane, tropospheric ozone and hydrofluorocarbons. They degrade air quality, affect glacial areas, and reduce crop yields. Poor air quality is the world's most deadly environmental problem. Each year, more than four million people die from the health damages caused by air pollution. The benefit of reducing these harmful emissions has been backed by science. The United Nations Intergovernmental Panel on Climate Change (IPCC), which brings together experts on the subject, stressed that to tackle global warming we must incorporate the mitigation of non-CO2 pollutants, specifically black carbon and methane. In addition, more than 11,000 scientists from around the world noted that the early reduction of short-lived climate pollutants would reduce warming by more than 50 percent over the next several decades. "The coming update of Nationally Determined Contributions opens up the possibility of governments betting on the elimination of these pollutants and thus contributing effectively to the fight against climate change and poor air quality," said Florencia Ortúzar, AIDA attorney. The deadline for governments to update their contributions is March 2020. That’s why the signatory organizations have called for the inclusion of ambitious and measurable goals for the reduction of these short-lived climate pollutants, and for governments to detail how the targets will be implemented, monitored and reported in the new commitments before the United Nations. "The solutions needed to reduce and eliminate each of the four short-lived climate pollutants are not mysteries. They are known and have been proven. But we need governments to prioritize those solutions if we are going to be able to avoid the worst impacts of climate change," commented Amanda Maxwell, director of the Latin America Project for the Natural Resources Defense Council (NRDC). In addition to the open letter, the organizations have launched an online petition for the cause to be supported with signatures from individuals around the world. Both problems, the climate crisis and poor air quality, most severely affect the most vulnerable segments of the population, among them children, pregnant women and the elderly. Confronting poor air quality is a human rights issue. Read the letter to governments. Read and sign the citizen petition. pRESS CONTACTS Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107 Fabiola Nuñez, NRDC, [email protected], +1 (646) 889-1405 Renata Assumpção (Brazil), Instituto Alana, [email protected] Ricardo Ruiz (Mexico), CEMDA, [email protected], +5215559644162
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