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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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Colombian Court Orders the Suspension of Plan Colombia Spraying
FOR IMMEDIATE RELEASE: June 26, 2003 CITING RISK TO HUMAN HEALTH AND THE ENVIRONMENT, COLOMBIAN COURT ORDERS THE SUSPENSION OF THE US-FINANCED SPRAYING OF COCA AND POPPY CROPS OAKLAND, CA/BOGOTA, COLOMBIA – A recent decision by the Superior Administrative Court of Cundinamarca, Colombia, (released to the public on June 25) declared that the aerial spraying with herbicides to eradicate coca and poppy crops violates the Colombian constitutional rights to a healthy environment, security and public health. As a result, the court ordered that the aerial spraying of potent glyphosate herbicides be suspended until the government complies with the Environmental Management Plan for the eradication program, and conducts a series of required studies intended to protect human health and the environment. This verdict supplements earlier declarations by the Colombian Constitutional Court and the State Council, which respectively ordered the suspension of spraying in indigenous territories and full compliance with the Environmental Management Plan approved by the Ministry of Environment. According to Yamile Salinas of the Colombian Ombudsman’s Office, “This ruling recognizes the potential risks that the herbicide and the manner in which it is being applied pose to human health and the environment in Colombia,” She added that, “The application of the precautionary principle is of singular importance because the Court affirms that the significant and potentially irreparable risk posed by the spraying is reason enough to suspend the fumigation program.” “The US Congress has required the State Department to evaluate environmental and health impacts of Plan Colombia. This decision by a court in Colombia must be taken into account by the US State Department,” said Anna Cederstav, staff scientist with Earthjustice and AIDA. “In light of the evidence presented and the court’s clear decision on this matter, the Department of State cannot certify to Congress that the herbicide mixture, in the manner it is being used, poses no unreasonable risks or adverse effects to humans or the environment, or that the herbicide is being used in compliance with the Environmental Management Plan for the program.” She concluded that, “It would be highly irresponsible for the United States to continue the eradication program in contravention of the Colombian court order to suspend the spraying until appropriate public health and environmental protections are in place.” “This court order formally adopts many of the requirements for environmental and human protection that the Colombian Ombudsman and Comptroller General, along with both national and international non-government organizations, have been demanding for years,” said Yamile Salinas. “This decision is a victory for both public health and the environment of Colombia.” Press Contacts: Anna Cederstav, Staff Scientist with Earthjustice and AIDA, (Oakland, CA) tel. 510-550-6700 Yamile Salinas, Colombian Ombudsman’s Office, (Bogotá, Colombia) tel. 571-314-7300 Ext. 2324
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La Oroya Cannot Wait
This publication is the product of a careful analysis of official environmental monitoring reports submitted for the Doe Run multi-metal smelter to the Peruvian Ministry of Energy and Mines between 1996 and 2001. By finally filling the void in public information about contamination levels in La Oroya, this work demonstrates that the right to access information is an essential pillar of citizen participation. Only with these type of facts in hand can civil society protect itself against the powerful interests of giant mining companies like Doe Run. The reader will come to understand the severe health problems and risks suffered by the local population and particulary the children in La Oroya. But the authors go beyond this. They suggest the implementation of corrective and preventive measures that will require the participation of not only the company but also the Peruvian State. These are actions that cannot be postponed if we are to guarantee the human right to health, improve quality of life, and permit development in Peru. The authors also provide a legal analysis of environmental protection in the minerals sector, and recommendations for making this system more effective. Above all, this publication is an invitation to take meaningful and timely steps toward solving the extraordinary environmental and human health problems in La Oroya. Read and download the publication
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