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Victory: Haven for leatherback sea turtles declared off-limits
In two separate rulings in May 2008, the Costa Rican government stood up for endangered leatherback sea turtles against business interests intent on building within their protected habitat.
A relative of dinosaurs, the endangered leatherback sea turtle has continually found its home in Costa Rica under threat. Poor planning and lack of oversight destroyed its nesting beaches in Flamingo and Tamarindo.
This time developers had their eye on the Leatherback National Marine Park (LNMP), home to some of the most important Leatherback nesting beaches in the Eastern Pacific Ocean.
A municipal zoning regulation was enacted that would authorize construction in part of the LNMP. However, AIDA and its local partner CEDARENA, together with the Leatherback Trust, successfully defended the park.
The Constitutional Chamber of the Costa Rican Supreme Court nullified the municipal zoning regulation, safeguarding the Leatherback sea turtles and their nesting beaches. This ruling closely followed another court victory by AIDA, CEDARENA, and Justice for Nature that required the government to expropriate the private lands within the LNMP, otherwise destined to be tourist playgrounds.
The leatherback sea turtle will continue to face threats from tourism development, fishing, egg poaching, and pollution. However, AIDA and its partners have shown that the law can be used to make a powerful difference.
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The undersigned member organizations of the Volta Grande do Xingu Alliance (AVGX) call on partners, civil society organizations, legal experts, and researchers to support and strengthen individuals and movements that, due to their tireless defense of peoples, biodiversity, and the existence of the Volta Grande do Xingu, are facing intimidation and attempted criminalization by the company Belo Sun Mineração Ltda.We need to show large corporations that civil society in Brazil and abroad is united around this cause. We will not step back in protecting the environment and human rights in the face of threats. Sign this note and join us in the protection of the Amazon, the Xingu River, and its defenders!More information below:On October 17, 2023, the mining company Belo Sun Ltda., the Brazilian subsidiary of the Canadian company Belo Sun Mining Corp., filed a criminal lawsuit against more than 30 people, most of them small-scale farmers. These individuals, backed by are questioning the acquisition of land by the mining company within the Ressaca Settlement Project, in the municipality of Senador José Porfírio - Pará, and demanding that this land fulfill its agrarian and social function. These concerns are the basis of a lawsuit in federal court by the federal and local Public Defender’s Offices.The criminal complaint is a clear attempt to silence environmental and human rights defenders. This silencing is intensified by the presence of the company's armed security in the territory. It is also an attempt to criminalize organizations that monitor and denounce the destruction caused by large projects in the Volta Grande do Xingu. On November 15, a group of 25 local movements and organizations, mainly based in Altamira, Pará, issued an open letter condemning the criminalization of farmers, social movements, and civil society organizations promoted by the Canadian mining company Belo Sun. It is essential that the terms of this letter be strengthened and echoed nationally and internationally.This is not the first time that Belo Sun Mineração Ltda. has intimidated civil society organizations and human rights defenders. In 2022, the company filed a lawsuit against a university professor who had exposed the risks that the Volta Grande Project would pose to the Xingu River and its people. In mid-2023, Belo Sun sent an extrajudicial notice to the National Coordination of Indigenous Peoples of Brazil (Apib), attempting to silence the organization's complaints about the risks posed by the mining project in the Volta Grande do Xingu. This notice came shortly after the release of a report on Belo Sun by the legal team of the Apib and an international advocacy action at the UN in Geneva carried out by the Alliance for the Volta Grande do Xingu, a coalition of which Apib is a part. The action aimed to expose corporate abuses by Canadian companies in the Brazilian Amazon and in eight other countries in Latin America and the Caribbean. Regarding Belo Sun's activities in the Volta Grande do XinguBelo Sun aims to establish a massive open pit gold mining project overlapping the PA Ressaca region, on the banks of the Xingu River, with the goal of operating the largest gold mine in Brazil. The so-called Volta Grande Project (PVG), if approved, would substantially and potentially irreversibly impact a territory already severely affected by the Belo Monte mega-dam, as well as affecting the lands and traditional ways of life of various indigenous peoples, rural settlements, and riverside communities in this region.Several lawsuits have been filed documenting the irregularities committed by Belo Sun, including the absence of free, prior, and informed consultarions and consent from the affected indigenous and traditional communities; the illegal acquisition of plots within the PA Ressaca; the harassment and violation of the right to free movement and access to the territory of local communities; and the lack of competence of the State of Pará to issue the environmental license for the PVG. Its licensing has been suspended since 2017 by the decision of the Federal Regional Court of the 1st Region, and on September 11, 2023, it was transferred to the jurisdiction of Ibama, a federal agency. DemandsWe, citizens, civil society organizations, and representatives of social movements who support this statement, condemn the criminalization promoted by Belo Sun Mineração Ltda. We express our solidarity with the victims of this process and emphasize our understanding that:We support the terms of this petition and join voices in denouncing that intimidation and criminalization of human rights defenders, activists, researchers, and leaders of social movements by Belo Sun are unacceptable, and therefore, we support the terms of this petition.The Land Reform Project (Projeto de Assentamento) Ressaca is an area designated for agrarian reform and local family farming located in a region already highly vulnerable from a socio-environmental perspective, making it incompatible with the installation of a large-scale open-pit gold mining project like Belo Sun's Volta Grande Project.The public authorities must take necessary measures to empower the families, communities, and peoples of the Volta Grande do Xingu, ensuring their effective participation in governance and the protection of the territory. The member organizations of the Volta Grande do Xingu Alliance issuing this statement and calling for endorsements are:Articulação dos Povos Indígenas do Brasil - APIBMovimento Xingu Vivo - BrasilAmazon WatchInterametican Association for Environmental Defense - AIDAInternational RiversEarthworks Justiça GlobalMiningWatch Canada Join us in protecting the Amazon, the Xingu River, and their defenders!Sign the note of international solidarity against the judicial harassment being carried out by Belo Sun: https://forms.gle/tzUzR47v72jsdEPN8
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"Water is worth more than lithium" is the slogan under which social organizations, trade unions and indigenous peoples have been expressing their resistance against the constitutional reform in Jujuy, a province in northern Argentina. They claim that this reform, promoted by Governor Gerardo Morales, doesn’t respect international regulations on the rights of indigenous peoples, including Convention 169 of the International Labor Organization (ILO), which establishes the right to free, prior and informed consultation of peoples on projects to be developed in their ancestral territories. In this sense, this reform would have been approved on June 16, in a short process that didn’t allow for broad public participation and deliberation and in which there was no proper consultation with indigenous peoples. Furthermore, the constitutional text represents a significant step backwards on environmental and human rights issues; it also opens the doors to mega-mining -including lithium mining- under the guise of energy transition, criminalizes protests and allows the privatization of both water and indigenous lands. Indigenous communities have claimed that the indiscriminate advancement of lithium mining projects in the province will exacerbate the water crisis currently affecting the area. With increasing international demand for lithium - considered a strategic resource due to its energy storage capacity (useful for the battery and electric vehicle industries) - global mining and production has accelerated in recent years, with a focus on regions rich in the mineral, such as the Andean salt flats of Argentina, Bolivia and Chile, where more than 53% of the world's proven reserves are located. Lithium is found in brines, pegmatites and sedimentary rocks, although it’s easier to from the former. However, extraction requires large quantities of water and takes place in fragile ecosystems such as salt flats, which suffer from water-deficiency and are severely affected by the impacts of the climate crisis. The social resistance to the constitutional reform in Jujuy is also a resistance to a global trend that, in the name of an energy transition that is far from being just, seeks to perpetuate extractivist models that violate human rights. Human rights violations in Jujuy AIDA - along with seven other civil society organizations with extensive experience in environmental and human rights defense - was part of an international mission that visited Jujuy from 21 to 25 August to learn first-hand about possible violations of the right to protest and participation in the context of the constitutional reform. The mission visited the main protest centers and documented testimonies from people from indigenous groups and communities, farmers' associations, trade unions and human rights organizations, as well as social leaders, teachers, lawyers and provincial authorities. Preliminary conclusions indicate that: Even when indigenous peoples and their communities demanded participation in the constitutional reform, it was carried out without an exhaustive deliberative process. Despite climate crisis and water scarcity, the reform doesn’t properly address integrated basin management and ecosystems conservation. The reform seems to favor large-scale industrial, agricultural and livestock use of water resources and opens the doors to concessions that can lead the privatization of water, damaging ecosystem cycles and failing to protect small-scale agriculture and livestock, vital to the existence of native communities. There is a repeated and manifest concern from indigenous communities about the negative impacts of mining, particularly lithium extraction projects. Testimonies report cases of repression of social protest, arbitrary arrests, harassment and alleged torture by the police of people involved in resistance, as well as disproportionate use of force. The mission is currently systematizing the information collected in order to prepare recommendations oriented that will highlight the complex situation in the province of Jujuy and contribute to a dialog that will allow for a better resolution of the social conflict and respect for human rights. What kind of transition does the constitutional reform in Jujuy point to? Addressing this question is important to understand that a just energy transition is incompatible with a context in which private economic interests prevail over social and environmental considerations, and in which government actions ignore the impacts of lithium extraction and the legitimate claims of local communities to manage their water and territory. Jujuy is home to over 12 indigenous peoples and around 400 communities -whose members have dedicated for millennia to salt extraction in Salinas Grandes, the fourth largest salt flat in South America. Their connection to water is sacred and ancient. It’s a cultural connection that is threatened by the exploitation of lithium, which jeopardizes the availability of an extremely scarce resource. "To extract one ton of lithium (through evaporation), 2 million liters of water are evaporated from the wells, that is, 2000 tons of water that cannot be re-circulated," says Ingrid Garcés, professor in the Department of Chemical Engineering and Mineral Processes at the University of Antofagasta, Chile. This "is profitable for the industry because it means a process without energy costs, but unfortunately it has the cost of losing water from a system that is not renewable, especially in a desert region" (like the salt flats). The constitutional reform in Jujuy doesn’t stipulate an order of priority for water use, but puts human and industrial consumption on the same level. Limited access to water is a central concern in the province, as there are few groundwater resources to meet the demand for water for human and domestic use, as well as for small-scale agricultural and livestock production. An urgent change of course The water crisis is one of the most pressing crises worldwide and is intrinsically linked to the climate crisis and the need to switch to alternative energy production. Extreme weather patterns - such as prolonged droughts, floods and more intense storms – have a direct impact on the availability and distribution of water in different regions of the world, leading to a decline in water resources. In this scenario, competition for water use intensifies and requires social water management for the benefit of communities. This is the only way to address the situation in terms of sustainability and environmental justice. The extraction of lithium to satisfy corporate interests is an example of the paradox that tackling the climate crisis comes at the expense of communities and ecosystems. The lack of fair and equitable distribution of benefits and the externalization of environmental and social costs underscores the urgency to rethink and radically transform our relationship with natural resources and the way we address the climate crisis.
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According to a recent report published by the United Nations Environment Programme (UNEP), climate litigation has doubled worldwide in recent years and has become an important and increasingly popular tool for tackling the climate crisis. Furthermore, the Intergovernmental Panel on Climate Change (IPCC) noted in its sixth report that there is now "a growing academic consensus suggesting that climate litigation has become a powerful force in climate governance". Climate litigation is indeed an integral part of the activists' toolkit for promoting climate action. And it is children, youth, indigenous peoples, civil society organizations, women and local communities who have taken the lead in bringing these legal actions. Climate litigation is, at its core, strategic litigation, which means it seeks far-reaching changes in society that go beyond a specific case. Typically, this is achieved by promoting the protection of rights or changes in public policy. Such litigations hold governments, public authorities, companies and other non-state actors accountable in court for the climate crisis and oblige them, among other things, to adopt, implement and gradually increase concrete measures to reduce their emissions and mitigate the impacts of the climate crisis. Over a year ago, AIDA launched the Climate Litigation Platform for Latin America and the Caribbean, a reference website that collects cases of climate litigation in the region. The goal is to promote the exchange of diverse experiences in order to strengthen cases in favor of necessary structural changes. The Platform contains systematized and updated information on litigations filed before any jurisdictional authority (judicial, administrative, international or autonomous). It contains the arguments supporting the cases, related to the legal obligations of States and other actors in the face of the climate crisis. It also contains cases that, while not directly related to the climate crisis, contribute to the pursuit of climate justice on the continent. And this is where confusion and questions arise: what makes a litigation a climate litigation? The truth is that there is no accepted definition to determine which litigation is climate and which is not. It is a relatively new niche in the field of environmental law and -as with many things in life, it has blurred edges. The fact is that our planet is suffering from multiple crises, all of which are interconnected and closely linked to environmental degradation. In this sense, it is almost always possible to link environmental litigations, in some way or another, to the changing climate. In any case, and with the aim of stimulating a discussion on this subject, we venture here to reflect on possible definitions that shed light and allow us to delimit this concept that is gaining so much relevance. An approach to climate litigation and its elements One way to approach the question of what makes a litigation a climate litigation is to say that a climate litigation is any litigation that contains arguments related to the climate crisis in its claim or in the sentence that resolves it. Another approach concerns the purpose of the litigation, whereby to say that climate litigation is any litigation relating to climate action. It implies a high complexity and a wide variety of cases, many of which are intertwined. Under this definition, for example, there would be cases that: Seek to mitigate emissions of pollutants that cause global warming. Demand the states to comply (or increase) their international climate commitments. Promote measures to adapt to the unavoidable effects of climate crisis. Demand reparations for damages caused by the climate crisis. Aim to ensure that companies are held accountable for their contribution to the problem. Pursue policies or regulatory changes in favor of climate action. Demand transparency or accountability of government or corporate actions related to the climate crisis. Request that financial institutions raise their standards to take climate and the environment into account in their decision-making. Seek to stop any project that could harm the climate. Aim to protect ecosystems, especially those that act as natural carbon sinks. In some cases, they seek to raise public awareness of issues related to the climate crisis. Climate litigation: A living and ever-growing tool As can be seen, the variety of cases that can be labeled as climate litigation is enormous and almost as great as the creativity of the people who are implementing this tool. What is interesting is that- despite being a fairly new concept - climate litigation builds on itself. The longer we use it, the more the courts will be involved in examining the obligations of companies and states towards climate action, and the more we will generate more useful jurisprudence, capacities and experiences to move forward. National and international law is strengthened by the use of climate litigation and it is important to keep it alive and growing -and to link it to the responsibility of States and corporations to address the climate crisis- on the basis of the universal human right to a healthy environment. It is important to clarify that strategic litigation -whether climate or environmental- is challenging, complex and expensive. It requires time, resources, skills and commitment. The decision to initiate a climate litigation is not one to be taken lightly. It is often not the best option to achieve a goal. But we can say -with certainty- that it is a key tool in climate action, that has allowed the voices of highly vulnerable and often invisible people and groups to be heard in the forums where decisions are made, where justice is done. It is also the last instance of play in the institutional and legal sphere. Visit the Climate Litigation Platform for Latin America and the Caribbean
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