Project
Victory: Ecuador’s High Court Orders Halt to Contamination from Palm Oil Production
Palm oil plantations are threatening the biodiversity of Chocó, an ancient forest in Ecuador. The companies managing these plantations have caused massive destruction to the forest, endangering rare species and displacing local farmers with near impunity. In September 2007, the Constitutional Court ordered remediation and accountability for the damage.
The order came a year after AIDA teamed up with its Ecuadorean partner, ECOLEX, to document and shed light on the negative impacts of palm oil cultivation in Ecuador. The waste from the plantations, including pesticides and dangerous chemicals, contaminated nearby rivers and waterways. This harmed fish and plants and significantly affected the health and livelihoods of local communities.
The evidence was compelling enough to lead ECOLEX in September 2006 to file a constitutional suit against the Ministry of the Environment and plantation owners to protect the human right to a healthy environment. AIDA supported ECOLEX’s legal action with arguments from international environmental law.
The following year, the Constitutional Court (the highest court in Ecuador) ordered the Ministry to remediate the damages caused by the palm oil plantations and take measures to control and mitigate future potential harms.
Shortly after, the Ministry filed an appeal. But the appeal was not successful, and the Constitutional Court reinforced its original decision.
The decision is an important victory for those who suffered from the irresponsible palm oil cultivation in Ecuador. More importantly, the high court set a legal precedent that can be used by lower Ecuadorean courts in deciding environmental cases. With the victory, AIDA will be looking for more opportunities to protect Ecuador’s natural bounty.
Related projects
International Principles for Responsible Divestment from Fossil Fuels
Against the backdrop of an ever-worsening climate emergency, companies must rapidly withdraw from the extraction of coal, oil, and gas as well as associated fossil energy industries and ancillary facilities for transport, storage, refining, and processing. The urgent need to quit fossil fuels, however, does not justify irresponsible divestment by fossil energy companies. Rapid closure and responsible closure of the fossil fuel industry are not mutually incompatible agendas. Both are vital to achieve climate and environmental justice and a just energy transition.In the absence of responsible divestment policies and practices, communities are left facing legacy pollution, as well as the long-term health risks that come from abandoned infrastructure that is not properly decommissioned and a lack of proper ecosystem restoration. Many communities also confront significant loss of livelihoods and financial hardship as the fossil fuel industry divests with no regard for the local economic consequences, particularly where economic dependencies have been built up over time.Rooted in the lived experiences and demands of communities and workers affected by fossil fuel activities around the world, and in line with existing international obligations of states and international frameworks for corporate accountability, including the responsibility to respect human rights, these International Principles for Responsible Divestment from Fossil Fuels set out a positive agenda that all companies and states must follow to advance a just transition. They are designed to shift the power imbalance currently favouring powerful companies and states in order to ensure that affected communities and workers have agency and control over how fossil fuel divestment occurs. They are intended to be followed by companies and made obligatory by the states. Read and download the document
Read more
Trade rules for a living planet: reforming the WTO for economic and environmental justice
Contemporary global trade can be understood as a form of multilateral cooperation and capital mobilization that enables global economic flows. However, the current configuration of global trade risks perpetuating historical inequalities and accelerating natural capital degradation , since it does not adequately address the urgency of the threats described. The imbalance between economy and environment is not primarily a technological or capital constraint, both are widely available; though unequally distributed among the countries, but rather a problem of rules and institutions that incentivize intensified extraction of energy and materials, as well as labor exploitation, without accounting for long-term consequences. As civil society organizations, we view the 14th Ministerial Conference and its reform process as a pivotal historical moment: an opportunity to shape a future in which the trade rules become a tool to address inequality and environmental degradation rather than deepen them. This requires respect of consensus, Special and Differential Treatment, and genuine Member-driven governance, that effectively includes the voices of developing and least-developed countries. It is also an opportunity to initiate meaningful change in the power structures that have developed through decades of economic inequality and environmental harm. To advance these objectives, we propose that WTO Members consider some reflections during the 14th Ministerial Conference: Read and download the document
Read more
Neither AngloGold Ashanti nor Mineros S.A.: Cajamarca is a municipality free of large-scale mining
Even if the companies change, the decision of Cajamarca's citizens remains the same: to defend their territory against large-scale mining. Bogotá / Cajamarca. Following the announcement by Mineros S.A. that it has signed an agreement to acquire 100% of the shares of AngloGold Ashanti Colombia S.A.S. in the La Colosa mining project in Cajamarca, the Legal Coalition for the Defense of Cajamarca (1) reiterates a clear message: Cajamarca has already decided, and its territory must remain free of large-scale mining. For more than a decade, we have been engaged in mobilization, legal defense, and advocacy efforts to protect Cajamarca from the La Colosa mining project promoted by AngloGold Ashanti. Thanks to this collective defense of the territory and environmental regulations, exploration activities for this project are currently suspended. Since 2017, the citizens of Cajamarca have spoken out emphatically through a public consultation, in which 98% of voters rejected mining activities in the municipality. This result has full legal effect, as confirmed by two Colombian judges, and represented a milestone in participation and environmental democracy in Colombia, as well as a clear expression of the territory's desire to protect water, the municipality's agricultural vocation, and the region's strategic ecosystems. In this context, the change of ownership of the project from AngloGold Ashanti to Mineros S.A. does not change the reality of the territory or the position of the communities. Although the companies may change, Cajamarca's decision remains the same: to defend its territory against large-scale mining. Furthermore, neither of these two companies has the necessary environmental permits to reactivate the La Colosa project, yet they insist on disregarding the community's autonomous and legitimate decisions. The announcement of this transaction comes just days after the Cajamarca City Council approved a municipal agreement initiated by citizens that declared 33 properties belonging to AngloGold Ashanti as areas of public utility and social interest. This decision reaffirms the municipality's institutional commitment to protecting the territory. The organizations that have signed this statement reiterate that Cajamarca is not and will not be a mining territory. Whether it be AngloGold, Mineros S.A., or any other company, large-scale mining has no place in the municipality. We will continue to take all necessary social, legal, and political actions to defend the territory and ensure that Cajamarca's decision is respected. #LaConsultaSeRespeta (1) The Coalition is made up of the Cajamarca Youth Socio-Environmental Collective (COSAJUCA), the SIEMBRA Socio-Legal Center, the Mining Studies Research Group at the University of Antioquia, the Inter-American Association for Environmental Defense (AIDA), the Public Action Group Legal Clinic (GAP) of the Faculty of Jurisprudence of the University of Rosario, the Legal Clinic on Law and Territory of the Javeriana University, the Colombian Commission of Jurists (CCJ), and Sibelys Mejía Rodríguez (independent researcher).Press contactsRobinson Mejía | COSAJUCA | [email protected] | 300 218 36 41 Sara Sofia Moreno | SIEMBRA | [email protected] | 300 568 33 33 | Lorena Zárate | AIDA | [email protected] | +52 553902 7481Laura Becerra | CCJ | [email protected] | 313 475 5815
Read more