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.
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Astrid Puentes Lectures at American University
The link between protection of the environment and human rights isn’t always immediately obvious. In fact, international law didn’t begin to establish the human right to a healthy environment until the 1990s. But these are some of the things that can happen when the natural environment is harmed: We can lose our source of food. Our health can suffer. We may lose access to clean water. Our livelihoods can be destroyed if the land we farm or the sea we fish no longer supports a harvest. If a dam floods a village, people lose their homes. In some cases, these losses lead to the loss of a way of life—a culture. International law is clear: the right to food, water, work, home, personal safety, and culture are all protected human rights. That’s why AIDA uses international law to protect the human right to a healthy environment. The relationship between human rights and the environment is gaining wider understanding in the national and international environmental and legal communities. Indeed, American University’s Washington College of Law, in Washington D.C., invited AIDA Co-Executive Director Astrid Puentes Riaño to share her expertise on the subject in June. She gave a weeklong seminar on human rights and the environment in Latin America, available for students attending the summer program. Astrid also spoke on a panel, organized by the Academy of Human Rights of American University and AIDA, about how the two are linked in the specific case of the Belo Monte Dam. Belo Monte is a large hydropower dam under construction in Brazil. The dam will destroy rainforest, kill off plant and animal species, and increase the emission of greenhouse gases, worsening climate change. The human impact is dire. More than 20,000 people will be displaced (independent estimates double this number). Already communities are being stripped of their villages, their cultures, and the cemeteries of their ancestors to make way for the world’s third-largest hydropower dam. Many river dwellers have moved to cities where they find themselves alone and struggling to find new trades. “Our work is a constant David and Goliath battle. Sharing experiences with expert colleagues from the environment and human rights departments at one of the most prominent universities in the US was an honor” said Astrid Puentes Riaño, AIDA’s co-executive director. “It gives us hope that academia is recognizing this link, and is willing to study it. We look forward to continuing this kind of exchange, and to helping train more young lawyers about these issues.”
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Joint letter: Mexico – Detention of environmental and human rights defender Mr. Marco Antonio Suástegui Muñoz
The 57 organizations and persons signatory to the letter, which work for the protection of human rights and the environment, express their deep concern at the detention of Mr. Marco Antonio Suástegui, leader of the Consejo de Ejidos y Comunidades Opositores a la Presa La Parota – CECOP (Council of Communal Lands and Communities Opposing the La Parota Dam), on 17 June by members of the Ministerial Police of the Attorney General of Justice of Guerrero State. We call upon the Mexican State to take effective and urgent measures to guarantee the human rights of Mr. Suástegui and the important work that the human rights defender performs in defence of the Papagayo River. In particular, we consider it fundamental that the State: Take measures to ensure that the competent authorities guarantee the right to a defence and due process of Mr. Marco Antonio Suástegui, and reverse any action taken in the detention procedure and past transfers that tainted by illegalities, Take measures to guarantee his physical and psychological integrity, and Take all necessary measures to secure the work for the defence of human rights and the environment undertaken by Marco Antonio Suástegui, and take an active role in avoiding any act that hinders the actions taken to defend the Papagayo River.
Read moreColombia must choose between gold and water: Al Gore
Colombia faces a pivotal choice for its future. It must choose between protecting its high-altitude moors as its water source for millions of people or authorizing large-scale mining in these fragile ecosystems. AIDA, together with its allied organizations, is working to convince the authorities to choose water and this cause recently won a new ally: Al Gore. The former U.S. vice president, a Nobel Peace Prize laureate for his success at raising awareness about climate change, brought up the issue of mining in the moors, known locally as páramos, in April. “Colombia must choose between the gold in the páramo and profits for a few people, or the drinking water that supplies all of its citizens,” he said at an international summit on the environment in Bucaramanga, a city in northeastern Colombia that gets its water from the Santurbán Páramo. We’ve been calling on the Colombian government to protect this moor and others around the country from mining, given that they provide 85% of the country’s water. Will this happen? By law, the government must keep mining out of the páramos. But to do this, their boundaries must first be mapped. This poses a problem. In April, the government unveiled its map showing that the Santurbán Páramo stretches over 42,000 hectares (104,000 acres). That’s more than the 11,000 hectares of previous estimates. But it’s only about half the 82,000 hectares measured by the Alexander von Humboldt Biological Resources Research Institute, an independent state research center that used a larger scale map than the government. The larger scale provides richer details that show how the moor extends further. The government has not adopted an official measurement, leaving important parts of the moor open to mining, an industry it is promoting to spur economic growth. But at what costs? Large-scale mining will cause irreversible damage to these flora-rich moors that not only supply water to millions of people but also help mitigate the effects of climate change by capturing carbon emissions. Gore was clear on what choice he recommends for Colombia or any country facing questions of economic growth versus environmental protect. “Without a planet, there is no economy that is worth anything,” he said. You can help us spread the message by making a donation and signing our petition so that we can continue the fight to save Colombia’s moors. Thank you!
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