
Project
Photo: Thomas Jundt / CC BY-NCVictory: Crucitas gold mine cancelled for environmental harm
In Costa Rica, for the first time, a high-level court cancelled a large-scale mining project for the first time because it violated national laws and threatened the health of the environment. AIDA played an important role in establishing this precedent.
The company, Industrias Infinito, with the support of the previous government, planned to construct an open-pit gold mine in an incredibly biodiverse area near San Juan River, which forms the country’s border with Nicaragua.
The construction and operation of the mine threatened not just the environment but the cultural survival of 32 communities whose way of life depends on tourism and sport fishing in the area.
The fight to stop Crucitas began in 2008 when AIDA warned the Costa Rican government about potential international law violations and environmental impacts that had to be considered before allowing for the project’s implementation. We recommended suspending all work on the project until legal compliance and the protection of the environment and human health were guaranteed.
In November 2010, the Costa Rican Contentious Administrative Court cancelled the project’s concession, reiterating the importance of complying with legal standards when approving projects.
Though the company appealed the ruling, an appeals court later rejected their request and the Crucitas gold mine was cancelled for good.
We congratulate the national NGOs who worked on this case, especially the Environmental and Natural Resources Law Center (CEDARENA), for their tireless efforts in defense of the environment and human rights.
It is our hope that the precedent established in the case will be replicated in nations across Latin America.
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FOR IMMEDIATE RELEASE August 28, 2007 CONTACT: Claudia Gómez-Portugal, (5255) 5268-3323 ext. 23, [email protected] Federal Judge Suspends Construction of the La Parota Hydroelectric Project! Mexico DF. August 28, 2007 - On August 14th, a federal judge in Acapulco, in the state of Guerrero, ordered the temporary suspension of all work related to the La Parota Hydroelectric Project, in response to an accion de amparo (similar to an injunction) filed by small-scale farmers in the Community of Common Goods of Cacahuatepec. The farmers are represented by the Mexican Center for Environmental Law (CEMDA). The judge granted the suspension to prevent irreversible damage to the farmers’ constitutional rights to a healthy environment, a fair trail, and adequate judicial protection . The judge also accepted the amparo on the grounds that these rights could be violated by the environmental impact assessment authorization granted by SEMARNAT, and the water concession for the Papagayo River granted to the Federal Electricity Commission (CFE) by the National Water Commission to construct the hydroelectric project. Once completed, this dam will tower more than 700 feet high and have a capacity of 30 megawatts. It will flood approximately 41,000 acres of land, affecting more than 25,000 small farmers. “The suspension of La Parota is an important precedent in Mexico, because it places protection of the environment ahead of a very large infrastructure project, and enables the public interest to be protected,” asserted Xavier Martínez Esponda, a CEMDA lawyer. “Constructing the dam would cause grave and irreversible damage to the low and medium deciduous forests, impacting hundreds of threatened and endangered plant and animal species. It would also affect the quality and quantity of water in the Papagayo River, in addition to impacting the communities in the region,” he noted. In the amparo, the farmers allege that both the General Law of Ecological Equilibrium and Environmental Protection (LGEEPA) and the National Water Law (LAN) are unconstitutional because they do not allow the affected communities to participate in the procedures to grant the authorizations. This, in turn, violates their individual constitutional rights which grant that no one can be deprived of their life, liberty, property, possessions or rights without a fair trial. In this case, the authorities granted the environmental impact authorization and water concession without notifying the communities, despite the fact that these decisions would affect their lands and their right to water. “The goal of the injunction is to permanently suspend the unconstitutional construction of the dam. If the dam is constructed, the farmers would lose their lands, be displaced from their town, and additional irreversible social and environmental harm would take place. Therefore, this legal action attempts to prevent, as occurs in many cases, the development of a large-scale infrastructure project without adequate compensation and indemnization,” explains Astrid Puentes Riaño, Legal Director of AIDA. Past projects implemented by CFE have not included fair compensation, and when they were granted, did so long after the damages occurred. This injunction brought suit against eight government authorities, including the President of the Republic, the Federal Congress, the National Water Commission, the Secretary of the Environment and Natural Resources, and the Federal Electricity Commission. The decisions of each of these authorities are directly involved in the illegalities and violations of rights alleged in this legal action.
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For immediate release: April 24, 2007 PRESS CONTACTS: Astrid Puentes, AIDA (+5255) 52120141 [email protected] Martin Wagner, Earthjustice (510) 550-6700 [email protected] Carlos Chirinos (+511) 422-2720 [email protected] U.S. Smelter's Pollution Now Human Rights Issue for Peru IACHR to Examine Peru’s Responsibility for Contamination from Doe Run Corp. Facility WASHINGTON DC, LIMA – The Inter-American Commission on Human Rights (a division of the Organization of American States) forwarded a petition alleging human rights violations to the Government of Peru, giving them two months to respond. The petition asserts that severe contamination from a smelter owned by U.S.-based Doe Run Corporation, and lack of effective pollution and human health controls by the government, gravely threaten the rights of the residents of La Oroya, Peru, including their rights to life, health, and integrity. “This first step by the IACHR is good news,” assured Carlos Chirinos, an attorney with the Peruvian Society for Environmental Defense (SPDA), an organization that has been associated with the case since its inception, and one of the lawyers representing the community. “It shows the strength of our petition, and is a positive step in the process to identify the government’s responsibilities.” The IACHR determined that the petition, prepared by Earthjustice, the Interamerican Association for Environmental Defense (AIDA), the Center for Human Rights and Environment (CEDHA), and Peruvian lawyer, Carlos Chirinos, met the Commission’s procedural requirements and forwarded it to the Peruvian government last week. According to the Commission’s rules, after this two-month period the IACHR will take into account Peru’s comments in evaluating the admissibility of the case, determining whether the contamination violates human rights, and the resulting responsibilities of the Peruvian government. The Commission is simultaneously evaluating a request by these groups for precautionary measures to address the urgent health threats to the citizens in La Oroya. “We are now waiting for the government’s comments on the petition, as well as a decision by the Commission on the request for precautionary measures. These measures could help considerably to provide effective protection for the people’s human rights in La Oroya,” added Astrid Puentes of AIDA. The precautionary measures requested include: adequate diagnosis and medical treatment for the persons represented, education programs and efficient access to information, effective emissions and contamination controls, an evaluation of contamination in key areas of the city, and implementation of adequate clean-up measures. According to Martin Wagner of Earthjustice, the goal of the precautionary measures is “to improve human rights conditions for the people we represent in La Oroya, and ensure that those responsible take definitive action to control the contamination.”
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FOR IMMEDIATE RELEASE: March 21, 2007 Press Contacts: Astrid Puentes, AIDA (+5255) 52120141 [email protected] Luis Eduardo Cisneros (+511) 422-2720 [email protected] Martin Wagner (510) 550-6700 [email protected] Inter-American Commission on Human Rights to Examine Responsibility for Violations at La Oroya, Peru Children breathe sulfur dioxide pollution at 300 times level permitted by WHO Lima, Peru, Washington, D.C. — Public health and environmental organizations from throughout the Western Hemisphere today announced the filing of a petition with the human rights division of the Organization of American States in Washington, D.C. The petition accuses the Peruvian government of doing little to halt contamination from a metallurgical complex that is impacting the lives and health of the citizens of La Oroya, Peru. The petition’s filing was announced at a press conference in Lima, Peru this morning by Carlos Chirinos of the Sociedad Peruana de Derecho Ambiental (SPDA), Astrid Puentes of the Interamerican Association Environmental Defense (AIDA), Earthjustice, and the Centro de Derechos Humanos y Ambiente (CEDHA). The petition claims the Peruvian government failed to place pollution controls on the metallurgical complex that operates in La Oroya, a situation that tramples on the human rights of the town’s citizens. Located in the city of La Oroya, some 175 kms from Lima, the complex has been operating for 80 years. Doe Run Peru, a subsidiary of Doe Run Company of St. Louis, Missouri, USA owns the complex. Recent monitoring of air quality – performed by Doe Run itself – has shown that daily average sulfur dioxide levels are between 80 and 300 times the maximum level permitted by the World Health Organization. The Blacksmith Institute even declared the city of La Oroya one of the Top Ten Most Polluted cities in the world. The petition asks the Inter-American Commission on Human Rights (IACHR) to recommend that the Peruvian government implement urgent measures to halt the grave violations against the health and lives of the citizens of La Oroya. Learn more about the conditions in La Oroya by watching a short film: http://www.youtube.com/v/gY6WXa9aKrM More Background http://www.aida-americas.org/en/project/doerun_en Read a copy of the petition here (in Spanish).
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