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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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European Union regulations and strategies jeopardize a just energy transition in Latin America
Reducing the production and consumption of minerals and deepening its circularity policy could enable the EU to address the social and environmental crises equitably, without exacerbating inequalities or compromising human well-being in the areas of the Global South where minerals are extracted. Brussels, Belgium – Following EU Raw Materials Week, which convened in Brussels this week, civil society organizations in Latin America warned that European Union regulations fail to respect the rights of communities affected or at risk of being impacted by mineral extraction projects used for energy transition and other industries, deepening inequalities in the Global South.While the debate around the future dynamics of raw materials in Europe – under the slogan “Europe means business; Europe is a powerhouse”– sought to foster investment opportunities between EU industry and countries of the Global South, the event fully ignored the realities of the territories in which these minerals are extracted. The effective participation of Latin American civil society has been practically non-existent, and the voices of local communities affected by the “critical minerals” projects promoted at the event have been excluded.“The EU's current raw materials and trade policy contradicts Europe's claim and rhetoric of upholding human rights and the highest environmental standards and supporting mineral-rich countries in creating added value and in their own energy transition.” said Teresa Hoffmann, EU raw materials policy expert and member of FARN. “Instead of making rapid progress in implementing human rights and environmental standards, there is a risk of even deregulating existing laws in the name of ‘competitiveness through simplification.’” The competitiveness paradigmThe event's agenda showcased the paradigm promoted by the European Commission in the framework of competitiveness vis-à-vis other countries such as China and the United States, which also seek to control the market of the so-called “clean technologies” and other industries, such as the military and aerospace. This approach is supported by the Draghi report, which stresses the importance of strengthening Europe's position in the global market.This narrative frames competitiveness in a very narrow perspective of perpetual growth, ignoring key elements such as environmental sustainability, social justice, and the need for real action in order for the EU to take steps to reduce its demand for minerals and its energy consumption.“The new paradigm of competitiveness does not take into account the limits of the planet, nor the climate, biodiversity and water crises, and risks deepening the asymmetry of power and inequality that exist between the countries of the Global South and the Global North, while promoting policies that impede a just global energy transition,” said Pía Marchegiani, deputy executive director and director of the Environmental Policy area of the Environment and Natural Resources Foundation (FARN). European Critical Raw Materials Regulation (CRMR)The Commission this week discussed the implementation of the European Critical Raw Materials Regulation (CRMR) through 'strategic projects' and 'strategic partnerships' in and with countries in the Global South.Critically, although the regulation will be widely implemented in Latin America—where many of these minerals are found in strategic ecosystems and indigenous territories—it does not include robust human rights and environmental due diligence mechanisms appropriate to the socio-cultural context of this region.On the contrary, the CRMR allows European companies to self-regulate their compliance with human rights and environmental standards through schemes that do not consider the complexity of the aggregate and synergistic impacts of extractive activities, which are expanding rapidly due to European and global demand.“Europe is seeking to secure access to minerals and energy through the modernization of free trade agreements, bilateral investment agreements and the CRMR itself. This new law promotes private mechanisms for multi-stakeholder participation and mining standards on environmental issues or transparency, which cannot be understood as a substitute for the procedures and regulations provided for in the laws of countries” said Ramón Balcázar, researcher and executive director of the Fundación Tantí. “Currently, we see them being used by the same companies and states that together systematically deny the right to free, prior and informed consultation to the peoples who are often affected simultaneously by mining and energy mega-projects”. Territorial realities not on the EU agendaIn Latin America, there is vast evidence that large-scale mineral extraction leads to socio-environmental degradation and conflict, and poses serious risks to local communities and environmental defenders.In the Salar de Atacama in Chile and the Salar del Hombre Muerto in Argentina, lithium extraction has generated environmental conflicts, weakened the social fabric, deepened state violence, and significantly affected these sensitive ecosystems.Despite this, government representatives from several Argentine provinces attending the event failed to refer to the lack of social license and the serious socio-environmental conflicts they face. On the contrary, they emphasized the investment opportunities in these mineral-rich provinces and promoted reforms that represent a serious setback for human and environmental rights, such as the Incentive Regime for Large Investments (RIGI), denounced by the Argentinean organization FARN in a recent communication.“The European Union has regulations whose implementation processes do not respect the rights of access and international environmental law,” said Yeny Rodríguez, senior lawyer at the Interamerican Association for Environmental Defense (AIDA). “This is extremely worrying because we know that there are 49 strategic projects applications for the extraction of transitional minerals outside of the EU (out of a total of 170 proposals), but we have no information about which ones. They are likely in the Global South and, more worryingly, they may be planned on indigenous lands and in strategic ecosystems that should be recognized by the EU as no-go zones, or mining-free areas”.We call on the EU to rapidly adopt effective solutions to reduce the production and consumption of minerals and to deepen its circularity policy to address the social and environmental crises in an equitable and intergenerational way, without creating new inequalities or compromising human well-being in Latin America, as recently called for by the UN Economic Commission for Europe itself. Press contactsAnna Miller (USA), AIDA, [email protected], +17166029553Belén Felix (Argentina), FARN, [email protected], +5491134214728Felipe Fontecilla (Chile), Fundación Tantí, [email protected], +56954460903
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The role of critical minerals in the energy transition: policy implications at the local, national, regional and global level
2023 was the hottest year: 1.45 ºC above pre-industrial values. The trend points to an increase of 3º C. Consequently, climate events are becoming more extreme, frequent and long-lasting, affecting particularly vulnerable populations in the Global South. These countries not only lack financing to face losses and damages, and to propose mitigation and adaptation measures, but also bear the brunt of increased extraction of minerals needed for the energy transition in the Global North. The G20 countries, responsible for 76% of GHG emissions, should lead ambitious climate action, particularly in the energy sector, which accounts for 86% of global CO2 emissions (UNEP, 2023).In the outline of plans and policies for the energy transition, the demand for minerals considered critical, such as lithium, is increasing rapidly, exacerbating the global climate and ecological crisis by threatening Andean wetlands´ contribution to climate adaptation and mitigation. Also, this pressure to extract is affecting the rights of the indigenous communities who inhabit the salt flats in Argentina, Chile and Bolivia, which together concentrate over 50% of the world’s reserves. Additionally, geopolitical competition for technological control of the energy transition hinders countries in the region from advancing in the battery production value chain. Tensions emerge between technicaleconomic positions that prioritize the security of supply and friend-shoring and those that integrate the relationship between energy, ecological and socio-economic systems and challenge power asymmetries.This policy brief discusses lithium´s challenges for energy transition debates and calls the G-20 to ensure commitment to improved global cooperation that involves material reduction targets in the Global North, benefits for producer countries and a strong respect for planetary boundaries and human rights. Read and download the policy brief
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COP29: Climate target disappoints and invites us to look elsewhere for hope
The twenty-ninth United Nations Climate Change Conference (COP29), held in Baku, Azerbaijan, was dubbed "the COP of finance" because the most anticipated decision was the establishment of the New Collective and Quantifiable Global Climate Finance Goal (NCQG), the amount that developed countries would pledge to finance climate action in developing countries. This issue grabbed all the attention, overshadowing everything else.In addition, the recent re-election of Donald Trump as President of the United States, accompanied by his threat to abandon the Paris Agreement and reverse the country's climate action, set the tone for the event.The negotiations, which took place from November 11 to 22, were intense and ended almost two full days late, with the approval of a text that caused great disappointment.However, the invitation is not to be blinded by disappointment. As much as we want, demand and hope, the international climate negotiations are not delivering what we so desperately need. Let us look for hope in what is happening and working, such as local, community-led projects and the work of civil society that is not giving up.Here is a review of COP29 based on what was agreed on climate finance and other relevant issues. A new climate finance targetThe mandate was clear: the new target should exceed the previous one of $100 billion per year and respond to the needs and priorities of developing countries. But while developing countries demanded $1.3 trillion per year, the offer was a mere $300 billion (less than a third and just 12% of the global military budget in 2023) by 2035. "Is this a joke?" exclaimed the head of the Bolivian delegation at a press conference.Developing countries also demanded that financing be adequate, i.e. based mainly on public resources, in the form of grants and highly concessional instruments that would not add to the heavy debts they already carry. They also called for the explicit inclusion of loss and damage as one of the objectives of financing (along with mitigation and adaptation), as well as a specific target for adaptation.None of this was achieved. The target was left open to private financing, further diluting the responsibility of developed countries. There was no specific target for adaptation, nor was there any mention of loss and damage. In case there was any doubt, all references to human rights were removed from the final text.The only saving grace was a call to mobilize $1.3 trillion in climate finance annually from a broad base of sources through the so-called Baku-Belem Roadmap, with a view to achieving this goal by 2035. However, this is a "call" and not a binding commitment, the concrete results of which will depend on political will in the coming years. Global stocktaking and gender issuesNo significant progress was made on the results of last year's Global Stocktaking on the implementation of the Paris Agreement, particularly on the transition away from fossil fuels. The issue was deferred to COP30, which will be held next year in the Brazilian city of Belém do Pará.While there has also been insufficient progress on gender issues, some progress should be recognized, such as the extension of the Lima Work Program to 10 years, which lays the groundwork for the development of a Gender Action Plan and provides an opportunity to further deepen the integration of gender into climate action, particularly as countries develop updates to their Nationally Determined Contributions (NDCs).In addition, the text of the NCQG recognizes women as beneficiaries of funds but fails to ensure that the specific circumstances and intersectional discrimination that many women face are addressed. Carbon marketsWhat did see advances during the negotiations were carbon markets, with the approval of the rules for a global market. Carbon markets are trading systems where carbon credits are bought and sold. Each credit represents one ton of CO₂, or its equivalent in other greenhouse gases, removed from the atmosphere. The credits are generated by projects that reduce emissions (such as forest conservation, renewable energy, or energy efficiency). The buyers are polluting companies that want to offset their emissions in order to remain in compliance.The issue has been under discussion for more than a decade due to the difficulty of ensuring the credibility of the system to reduce emissions. Although it is the last outstanding issue of the Paris Agreement, signed more than 10 years ago, civil society is not celebrating. These markets allow companies to continue polluting if they pay for carbon reductions elsewhere in the world. Methane emission reductionsA promising development was the signing of the Declaration on Methane Reduction from Organic Waste by more than 30 countries. The signatories, representing nearly half of global emissions, committed to setting sector-specific methane reduction targets in their future NDCs, underscoring the importance of organic waste management in the fight against climate change. Closing thoughtsIn the end, the results are not surprising. Conventions on climate change are often not much to celebrate, but we must not forget that they are a unique space where all countries sit down to seek consensus to advance a common goal. Its very existence reflects an intention to acknowledge historical responsibilities in favor of justice and a world where we can live together in harmony. It is a platform from which to push, even if it brings more frustration than results.On the other hand, it is very encouraging and motivating to see civil society in action. Hundreds of representatives from different organizations and movements are doing their best to achieve results that reflect the fulfillment of international commitments of developed countries towards their developing counterparts, the climate and the natural balance of our planet.Finally, the side events that take place parallel to the negotiations are a source of inspiration. On the sidelines, without much fanfare, there are people from communities and indigenous peoples who are implementing climate solutions in their territories, with concrete, successful results. These people, like seeds silently germinating, are a powerful source of hope.
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