Project
Photo: Alejandro Balaguer / Fundación Albatros MediaVictory: Panama Bay is Legally Protected
Panama Bay, one of the world’s most important nesting and roosting sites for migratory birds, is now permanently protected, thanks in part to AIDA’s expertise in international law.
The bay supports endangered species, including jaguars and loggerhead turtles, as well as the vast majority of the country’s fishing industry. Its coastal mangroves capture 50 times more carbon pollution than a tropical forest of similar size. Mangroves also protect coastal communities from storm surges that grow in severity as the climate warms. Panama has already lost 75 percent of its mangroves.
In 2012 tourism developers had secured a Supreme Court decision overturning the National Environmental Authority’s decision to protect the bay as a wildlife refuge.
AIDA worked with the Environmental Advocacy Center (CIAM), a Panamanian environmental law organization, to defend Panama Bay’s protected status. We submitted a brief containing arguments based on international law. We made analogies between Panama Bay and Las Baulas National Marine Park in Costa Rica. In a legal case about Las Baulas, a balancing test found that the public right to a healthy environment outweighed the interests of tourism developers.
Then, on February 2, 2015—World Wetlands Day—Panama passed a law creating Panama Bay Wetland Wildlife Refuge. The law emphasizes the importance of an ecosystem approach to management and the rational use of wetlands, as described in the Ramsar Convention.
AIDA and CIAM will continue working to see that the law is implemented properly and to ensure the protection of Panama Bay wetlands.
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Hundreds of world leaders gathered in Paris today to officially kick off the highly anticipated global climate talks. This is a critical moment for the future our life here on Earth. The conference is expected to produce a new and binding global climate accord, which could shape the ways in which we live, govern, create energy, and adapt to a changing climate. The expectations are set high for this 21st Conference of Parties (COP21) of the United Nations Framework Convention on Climate Change – because they have to be. In the next two weeks, States will have the opportunity to show their commitment to combating climate change. At the close of the negotiations, if all goes well, governments from around the world will adopt the measures necessary to ensure a better planet for present and future generations. The task at hand for this Conference is finalizing the Paris climate package, which includes a final draft of the new climate agreement and a series of decisions to be adopted by Member Parties. Both are vital to the proper implementation of the Convention. Though it has been successful in elevating climate change in policy discussions worldwide, the Convention still requires States to adopt clear and concrete actions to ensure compliance. What do we hope to achieve in Paris? There are two key tasks that AIDA will press Conference negotiators to achieve: Clarify the commitments related to climate financing after 2020. Include language requiring the respect, guarantee, protection, and promotion of human rights in all climate actions in both the preamble and the operating text of the Paris Agreement. Focus On: Climate Finance Climate finance is fundamental to ensuring that the commitments established in the Paris Agreement, as well as in the Convention itself, become a reality. Concerning climate finance, the new agreement should include the following key elements: Clarity on which countries should mobilize new and additional resources after 2020. It’s also important to reevaluate the role of developing countries that, though they have no obligation to provide financing, may be in a position do to so. Clear commitments to increase climate finance to achieve the desired outcomes. Clarity on sources of financing, ensuring that those sources implement clear and transparent methods that allow for their accounting and effective use. Collective short-term goals that demonstrate clear advances. Clarity on the institutional arrangements needed to channel resources. It will be important to strengthen the Green Climate Fund’s role in ensuring that finance supports projects and programs that are low-carbon and climate-resilient. Cycles of financial contributions, and their corresponding verification periods. Climate finance is a critical component of progress on the climate agenda. Providing clarity on this matter is essential to achieving goals and paradigm shifts in the short, medium, and long term. Focus On: Human Rights The protection and promotion of human rights is vital in the fight against climate change. The very success of the Paris Agreement depends on this element being integrated into the text and, particularly, into its objectives. A climate agreement featuring language to protect human rights will help to: Increase the ambition of the Agreement and strengthen its goals, encouraging better implementation, given that the human rights perspective may remind States of obligations that they already have. Clarify the responsibilities of States and other actors in the fight against climate change, and increase understanding of public policies related to it. This provides us the opportunity to advance and provide lessons learned, avoiding the duplication or creation of new obligations. Define a clear and acceptable pattern to prevent further socioenvironmental conflicts in the future. Having a uniform legal framework for the recognition of human rights would make it possible to improve the management of water, food, and land, which have particular resonance in Latin America. The Paris Conference is a historic opportunity for AIDA to strengthen the substantial progress made to date in the fight against climate change. Follow Along With Us!
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The environmental authority granted the project’s operating license, ignoring evidence of noncompliance with conditions necessary to guarantee the life, health and integrity of indigenous and other affected populations. Altamira, Brazil. The Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) today authorized the Belo Monte Dam’s operating license, which allows the dam’s reservoirs to be filled. The authorization was granted despite clear noncompliance with conditions necessary to guarantee the life, health and integrity of affected communities; the same conditions that IBAMA called essential in its technical report of September 22. IBAMA’s decision makes no reference to conditions needed to protect affected indigenous peoples. “We can’t believe it,” said Antonia Melo, leader of Movimiento Xingú Vivo para Siempre, who was displaced by the dam’s construction. “This is a crime. Granting the license for this monster was an irresponsible decision on the part of the government and IBAMA. The president of IBAMA was in Altamira on November 5 and received a large variety of complaints. Everyone – riverside residents, indigenous representatives, fishermen, and members of the movement – talked about the negative impacts we’re living with. And now they grant the license with more conditions, which will only continue to be violated.” In an official letter to IBAMA on November 12, the president of the National Indian Foundation (FUNAI) concluded that conditions necessary for the protection of affected indigenous communities had clearly not been met. However, he gave free reign for the environmental authority to grant the operating license “if deemed appropriate.” “The authorization clearly violates Brazil’s international human rights commitments, especially with respect to the indigenous communities of the Xingú River basin. Those affected populations are protected by precautionary measures granted in 2011 by the Inter-American Commission on Human Rights, which the Brazilian government continues to ignore,” said María José Veramendi, attorney with the Interamerican Association for Environmental Defense (AIDA). The license allows for the filling of two of the dam’s reservoirs on the Xingú River, an Amazon tributary. It is valid for six years and is subject to compliance with certain conditions; progress will be monitored through semiannual reports. Such conditions should have been met before the dam’s license was even considered, let alone granted. “Environmental licensing is a way to mitigate the effects, control damage and minimize the risks that the dam’s operation entails for the community and the environment. By disrespecting and making flexible the licensing procedures, the government is allowing economic interests to prevail and ignoring its duty to protect the public interest,” said Raphaela Lopes, attorney with Justiça Global. AIDA, Justiça Global, and the Para Society of Defense of Human Rights have argued on both national and international levels that the conditions needed for Belo Monte to obtain permission to operate have not been met. The project must still guarantee affected and displaced populations access to essential services such as clean water, sanitation, health services and other basic human rights. “The authorization of Belo Monte, a project involved in widespread corruption scandals, contradicts President Rousseff’s recent statement before the United Nations, in which she declared that Brazil would not tolerate corruption, and would instead aspire to be a country where leaders behave in strict accordance with their duties. We hope that the Brazilian government comes to its senses, and begins to align its actions with its words,” said Astrid Puentes Riaño, co-director of AIDA. The green light for Belo Monte couldn’t have come at a worse moment. On November 5th, two dams impounding mine waste—owned by Samarco, a company jointly overseen by Vale and BHP Billiton—broke in the city of Mariana, Minas Gerais, causing one of the greatest environmental disasters in the country’s history. A slow-moving flood of mud and toxic chemicals wiped out a village, left 11 dead and 12 missing, and affected the water supply of the entire region, destroying flora and fauna for hundreds of miles around. The toxic flood has since reached the sea. The company’s operating licenses had expired two years ago. Approval of Belo Monte’s operating license comes just six days before the start of the Paris climate talks, the most important meeting of the United Nations Framework Convention on Climate Change in recent history. Once in operation, Belo Monte will emit greenhouse gases including carbon dioxide and methane; as the world’s third-largest dam, it will become a significant contributor to climate change. By authorizing Belo Monte, the government of Brazil is sending a terrible message to the world. Ignoring its international commitments to protect human rights and mitigate the effects of climate change, the government is instead providing an example of how energy should not be produced in the 21st Century.
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By Astrid Puentes Riaño (@astridpuentes) Originally published by IntLawGrrls We humans have caused climate change, a real threat to humanity thus it requires human solutions. We also have lost precious time on eternal discussions about the existence of climate change, despite imminent evidence. Our efforts to deliver solutions must be inclusive and ambitious if they are to ensure that the lives and livelihoods of all people are protected. If and how to include human rights protections in new climate accord was one of the primary issues discussed during October’s Bonn Climate Conference. These protections were notably left out of the no-text presented by the co-chairs, and then added back in at the insistence of several countries, many from the Global South, and hundreds of civil society organizations. I could write a long list of legal, political, ethical, and economic arguments as to why human rights must be included in the Paris Agreement. In my opinion, however, they can all be distilled into two primary and powerful arguments: my children! At 4 and nearly 2 years old, they are already experiencing the realities of a changing climate. Some days, for example, they cannot go to the park because of increased air and climate pollution levels in Mexico City, be it black carbon or ozone, or both. Unfortunately, the worst is yet to come, as hurricanes, droughts, floods, glacier loss, and fires are all increasing. Now the question for my kids is not whether they will suffer from climate change, but to what extent. Some may say I’m exaggerating, and that my kids aren’t among the most affected. They’re right. Many others are suffering, and will continue to suffer, far worse consequences, such as: the Kunas in Panama, who are loosing their land due to sea-level rise; the 62 million people living on 52 small island states, including Tuvalu and Barbados; the 70 million people in the Andes, all of whom depend on water from glaciers and paramos, which are expected to dissapear within a few decades. Despite the evident urgency, official responses have been shamefully slow. The United Nations recently announced that current national commitments aren’t enough to prevent world temperatures from surpassing 2oC by 2100, when my children will be 89 and 87 years old. How, then, can we speed up agreements, increase ambition, and close the gap between what is needed and what is promised by States? Human Rights are an important part of this answer. If implemented, they can help to: Recognize the realities of climate change and its impact on the enjoyment of human rights of all peoples, particularly those in vulnerable situations. Remind States of their existing obligations to protect and respect human rights, obligations which are fundamentally shared by corporations and other international entities. Incorporating human rights in the climate change agreement will not create new obligations; it will instead allow us to be consistent and comply with preexisting commitments. Avoid increased threats to world stability that have been linked to climate change due to impacts such as: local resource competition, livelihood insecurity, migration, extreme weather events and disasters, volatile food prices, transboundary water management, sea-level rise, coastal degradation, and the unintended effects of climate policies. Spur effective solutions, such as the rethinking of energy. These kinds of solutions haven’t yet been achieved due to a lack of ambition and political will. For my son and daughter, and the millions of children of the world, we must accept that climate change is a human rights issue. For the health of future generations, and that of those already suffering from its impacts, we must do all we can to create effective solutions. The new climate accord, which will be signed in Paris this December, must include human rights protections in its Preamble, as well as in its operative text. Only then, with an overarching respect for the rights of all people, can begin to see the results we need in the fight against climate change. We must take the climate crisis seriously. If not, we will be trapped in short-sighted negotiations that won’t provide my children the hope of a dignified and healthy life. They will be left inside, unable to play in the park, to enjoy the world beyond our doorstep. And those in more vulnerable situations may be left with nowhere at all to find the shelter they seek.
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