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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1. Colombia Suspends Aerial Spraying of Glyphosate In May 2015, Colombia announced its intentions to suspend the aerial spraying of a toxic herbicide containing glyphosate, the main ingredient in RoundUp, which has been used for more than 20 years to eradicate coca and poppy crops. The decision was made final on September 30, when the environmental management plan allowing such spraying was suspended. Pressure on the government mounted with a couple of key court decisions after AIDA and allies in Colombia and the U.S. launched an online petition. Together we collected almost 25,000 signatures from people calling on President Juan Manuel Santos and the Minister of Justice to end the spraying. Colombia’s spraying has doused homes, farms, forests, and water in vast rural areas, wreaking havoc in sensitive ecosystems, and damaging water sources and food crops in one of the most biodiverse nations on our planet. It has even forced families, including some in indigenous communities, off their lands. AIDA has worked to end the spraying over a period spanning 17 years. When the Minister of Health recently recommended suspending the program over fears that the chemical causes cancer, AIDA worked with the media and organized partners to generate and participate in a national debate. 2. Panamanian Congress Protects Panama Bay Wetland Wildlife Refuge After years of legal wrangling, Panama passed a law on February 2, 2015—World Wetlands Day—that grants permanent protection to the ecologically critical Panama Bay. The law staves off proposed tourist resorts that would harm mangrove forests essential for wildlife, coastal protection, the local fishing industry, and climate change mitigation. AIDA’s collaboration with its local partner, CIAM (the Center for Environmental Defense), ensured that this law is strong enough to guarantee rational uses of wetland resources throughout the country. Panama Bay is one of the world’s most important nesting sites for migratory birds and provides a home for endangered loggerhead turtles and jaguars. Mangroves in the bay buffer increasingly strong storm surges and capture 50 times more carbon than tropical forests. Under the Ramsar Convention, an international treaty for wetland conservation, the Bay is listed as a Wetland of International Importance. AIDA’s work is helping protect all the ecosystem services that this critical area provides. 3. Colombian Government Protects 76% of the Santurbán Páramo AIDA joined with local organizations to build public support for protection of Colombia’s páramos, high-altitude wetlands unique to Latin America. Our work garnered 20,000 petition signatures and generated significant media attention. The Colombian government’s decision to enlarge the protected area of the páramo known as the Santurbán is an important victory for the people of Colombia. The Santurbán supplies fresh water to nearly two million people and provides habitat for threatened species. It also captures large amounts of carbon, mitigating climate change. Several years ago, Colombia passed a law that protects páramos—an important step, because the land in and around the Santurbán contains gold and other minerals that international corporations are eager to mine. To implement the law and truly protect the Santurbán, Colombia had to establish the borders of the protected area. The boundaries initially proposed included only a small fraction of the páramo. Now most of it is protected. 4. Major Reference Reports Published One of the key services AIDA provides—producing Spanish-language reports based on legal research and analysis—benefits government officials, journalists, civil society groups and industry decision makers who are striving to protect our shared environment. We compile extensive information about threats to natural resources and best practices for environmental protection. Our reports fill gaps in knowledge among key Latin American policymakers and advocates. Recent AIDA publications that can help guide efforts toward environmental protection include: International Regulatory Best Practices For Coral Reef Protection. Protecting Coral Reefs in Mexico: Rescuing Marine Biodiversity and Its Benefits for Humankind. Basic Guidelines for the Environmental Impact Assessment of Mining Projects: Recommended Terms of Reference. 5. Regional Fracking Group Established: 30 Organizations in Seven Nations In Latin America, many countries are opening their doors to fracking—the practice of injecting water, sand and chemicals at high pressure to shatter rocks and release natural gas from deep underground. Governments are doing so with little or no understanding of the environmental and health impacts of this technology, and with the absence of adequate processes to inform, consult, and engage affected communities. With AIDA’s help, the Regional Group on Fracking was formed to raise awareness, generate public debate, and prevent risks associated with fracking. The group seeks to ensure that the rights to life, public health, and a healthy environment are respected in Latin America. The Group consists of civil society organizations and academic institutions mainly from Argentina, Brazil, Bolivia, Colombia, and Mexico, collaborating to: Identify affected communities and fracking operations in the region, and document impacts; Advance strategies to stop harmful projects and slow the spread of fracking; and Organize seminars and provide educational materials about the risks and impacts of fracking to ensure that a precautionary approach is taken.
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They highlight the application of the precautionary principle in the resolution to suspend spraying, and pledge to stay alert to the threat posed by the potential manual use of glyphosate or its replacement with another chemical. Bogota, Colombia. Civil society organizations finally celebrate the temporary and preventive suspension of aerial spraying with glyphosate as an advance in the protection of public health and the right to a healthy environment in Colombia. They note that the National Environmental Licensing Agency (ANLA) applied the precautionary principle in the resolution, which ordered the suspension of a technique employed for more than two decades to eradicate coca and poppy crops considered of illicit use. On May 29, Colombia’s National Narcotics Council decided to suspend aerial spraying with glyphosate (Resolution 006). For the measure to be effective, ANLA had to suspend or revoke the Environmental Management Plan of the Program for Illicit Crop Eradication Using Aerial Spraying with Glyphosate (ICEPG). That suspension occurred on September 30 with Resolution 1214. The resolution is founded on the precautionary principle, and follows the recommendations of the Ministry of Health and the National Narcotics Council, both of which were based, in turn, on the opinion of the International Agency for Research on Cancer, which has concluded that glyphosate is a “probable carcinogen" to humans. The Interamerican Association for Environmental Defense (AIDA) considers the application of the precautionary principle an important advance for Colombian environmental law. “Today we can finally celebrate the suspension of the sprayings, after decades of evidence of harm to human health and the environment, and of the program’s inefficiency,” said Astrid Puentes Riaño, co-director of AIDA. For Yamile Salinas Abdala, investigator with the Institute for Studies of Development and Peace (INDEPAZ), “it’s necessary to draw attention to the power the Narcotics Council gave ANLA to resume spraying with glyphosate and employ the use of other herbicides, under certain conditions and through the prior consent of competent authorities, without specifying who those authorities are.” Pedro Arenas, coordinator of the Observatory of Crops and Growers Declared Illicit, said, “In the face of the decision of the President of the Republic and the National Narcotics Council, it was untenable to continue spraying with glyphosate. However, it’s inexplicable that the Director of the Colombian National Police wants to continue using it manually, and that the Ministry of Defense threatened to replace it with another substance to continue aerial spraying. For these reasons, we must remain vigilant.” In May, AIDA and INDEPAZ delivered more than 24,000 signatures to the Colombian Ministry of Justice on a petition launched through the platform Change.org to solicit an end to aerial spraying with glyphosate in Colombia. This month, 10 civil society organizations solicited the National Council for Pesticides and the National Narcotics Council to revoke the eradication program, and advised against the use of other herbicides. The organizations are the Washington Office on Latin America, the Latin America Working Group, AIDA, the Centro de Investigación y Educación Popular, Comisión Colombiana de Juristas, Grupo Semillas, Planeta Paz, Mamacoca, Red de Justicia Ambiental and Proceso de Comunidades Negras (PCN). That request reflected the decisions adopted by the Constitutional Court (Auto 073 of 2014) and the State Council (Rad. 2004-00227-01 of 2013), as well as the recommendations of the Advisory Committee for Drug Policy in the report “Guidelines for a New Approach to Drug Policy in Colombia,” published in May 2015.
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Across Latin America, and the world, communities are facing the severe effects of a changing climate. As floods destroy ancestral homes, and droughts threaten livelihoods, the urgency with which world leaders must act is becoming increasingly apparent. It is in this critical global climate that world leaders will meet this December in Paris for a pivotal meeting of the United Nations Framework Convention for Climate Change (UNFCCC), also known as COP21. The conference is expected to produce a new global agreement on climate change, which we hope will set the stage for the transition to a low carbon, climate resilient economy. AIDA’s lead Climate Change attorney Andrea Rodríguez has been monitoring key elements of the ongoing climate negotiations and bringing information and analysis to policy makers and NGOs throughout the Americas. To prepare you for the barrage of news that will come out of COP21, we’ve asked Rodríguez some questions we thought you’d like to know the answers to: What is the COP21? The meeting in Paris will be the 21st yearly session of the Conference of Parties to the global climate change convention, also known as the UNFCCC. World leaders will convene in Paris with the goal of signing a new global agreement on climate change. The primary goal of the agreement will be to reduce greenhouse gas emissions and limit global temperature increase to 2° C above pre-industrial levels, so we can adapt to the new changes in climate. Why is the conference so important? Climate change is a global problem that requires global solutions. No matter what governments do, if they don’t work together and take collaborative actions, we are never going to succeed at providing an effective solution. That’s why a global space that coordinates what countries do to tackle the problem is crucial for finding a way forward. The global treaty on climate change has been established for more than 20 years. What we need from COP21 is further guidance to ensure its effective implementation. If we don’t provide clarity on exactly how we’re going to achieve reduced emissions in a timely manner, we’re putting at risk the future of the planet. What are the key issues AIDA is following? AIDA is following two key components in the development of the new climate accord: climate finance and the protection of human rights in climate related activities. Climate finance entails providing money for developing countries—which are generally the least responsible for and the most impacted by climate change—to implement climate related actions effectively. COP21 needs to provide clarity on the specifics of that support—when and how will it arrive, and where will the money come from? A baseline of $100 billion per year by 2020 has already been agreed upon. But how do we make sure that goal is reached, and that is continues to grow? And, once resources are distributed, there must be mechanisms in place to ensure those resources are used properly and effectively. AIDA is pushing governments to incorporate human rights protections into the agreement, because climate change directly affects human rights. We need to create a broad consciousness of the human rights dimensions of climate change. That includes incorporating specific language to ensure the protection of human rights in all climate actions. When governments or institutions are planning climate-focused projects, programs, plans and strategies, they must also think about how those projects will affect people and the realization of their human rights. What will the agreement mean for governments? Governments of the world need to start looking within. They must do an internal analysis to see what they have, and what they need, to ensure they can strategically implement the agreement. In order for a nation to commit to taking action, it must first make sure it has the institutional capacity and the means to succeed. What will it mean for the average person? The climate agreement is a political commitment, but it will certainly have repercussions at the local level. It will influence national policies. If leaders create an effective agreement, you will see your government shifting to low-emission, climate-resilient development. There will be better local regulations, and you will begin to see policy improvements, and eventually more climate resilient actions taken in your own communities. You will be less vulnerable to the effects of climate change. How can the average person engage on this issue? You can begin by demanding more of your government. Climate change is a political fight, and your voice can help influence outcomes. Learn what your government wants and what their expectations are—you can start now by familiarizing yourself with their INDC. Then get organized and push your government to take a more proactive stance. Familiarize yourself with climate finance, follow the negotiations, and help inform others by sharing our work. It is our duty as citizens to hold our governments responsible, and to do our part to protect and defend this beautiful planet as best we can.
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