Project

Photo: Alejandro Balaguer / Fundación Albatros Media

Victory: 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.


Large Dams

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The article is an update and reissue of two chapters of the report Large Dams in the Americas: Is the Cure Worse than the Disease, written by Jacob Kopas and Astrid Puentes Riaño. The article identifies “the main obligations, standards, decisions and international law applicable to large hydropower plants that our governments should use in the planning, implementation, operation and closure of these projects."   The article is divided into two parts. Chapter I offers an overview of the main standards, the legal framework of international human rights and environmental law as well as the decisions and international jurisprudence applicable to the cases of large dams. In Chapter II, this framework is applied to the cases of human rights abuses caused by the degradation of the environment through the development of a large dam.

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Toxic Pollution, Climate Change

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By Florencia Ortuzar, legal advisor, AIDA While many of us are alarmed by climate change and its already tangible effects, concern becomes even greater when learning the fact that all the CO2  accumulated in the atmosphere cannot be removed, even if we were to shut down all the sources of emissions today. This reality was confirmed in the Fifth Assessment Report on the state of the climate, issued by the Intergovernmental Panel on Climate Change (IPCC). The explanation for this is simple: CO2, in contrast to other gases and pollutants, remains in the atmosphere for millennia after being released. It is stuck in the atmosphere for what is eternal for human standards, implying that its greenhouse effect does not end even with an immediate halt in emissions. The good news is that CO2 is not the only cause of global warming. There are other pollutants that, unlike CO2, only stay in the atmosphere for a relatively short time. These “other” agents are responsible for 40-45% of global warming, and they remain in the atmosphere for a minimum of a few hours to a maximum of a few decades. They are called short-lived climate pollutants, or SLCPs. Like CO2, SLCP emissions have a negative impact on humans and ecosystems. So a reduction in these pollutants would bring immediate relief to the worst affected by climate change and would bring important benefits to the environment and people. The main SLCPs  Although all SLCPs contribute significantly to climate change and share the trait of being short-lived, each has its unique characteristics and emission sources.  Black carbon or soot, is a particulate substance produced by the incomplete combustion of fossil fuels, mainly from motor vehicles, domestic stoves, fires and factories. The dark particles heat the atmosphere as they absorb light, and when the particles land on snow and ice they accelerate melting. Black carbon also affects human health by causing respiratory problems such as lung cancer and asthma.  Tropospheric ozone is a gas formed by the reaction of the sun with other gases called "precursors," which can be man made or naturally occurring. One of these precursors is methane, another SLCP. Tropospheric ozone is associated with diseases including bronchitis, emphysema, asthma and permanent scarring of the lung tissue. Studies also show that this gas has a direct impact on vegetation, reducing crop yields and the ability of plants to absorb CO2. Methane is a powerful greenhouse gas, and 60% of its emissions come from human activities like rice farming, coal mining, landfill and oil combustion. Two important sources of methane include cattle farming, whose effect has dangerously increased with industrial meat production (Spanish), and large dams, especially those in tropical areas.  Hydrofluorocarbons (HFCs) are man-made gases used in the production of air conditioners, refrigerators and aerosols. They have replaced chlorofluorocarbons (CFCs), which were banned under the Montreal Protocol. Although HFCs represent a small proportion of the greenhouse gases emitted into the atmosphere, their use is growing at an alarming speed of an average of 10-15% each year, according to a United Nations Environment Programme (UNEP) report.   Everyone wins According to the IPCC, the reduction of these pollutants could avert a rise in average global temperatures by approximately 0.5 degrees Celsius by 2050, cutting the current rate of global warming in half and helping to protect some of the areas most susceptible to climate change like the Arctic, the high Himalayan regions and Tibet. The mitigation of SLCPs is also crucial for decelerating glacial melting and rising sea levels, a serious situation for the world’s population that lives in coastal areas. The reduction of SLCPs would also bring important socio-environmental benefits. Black carbon and tropospheric ozone harm human health and reduce crop yields. This in turn affects ecosystems, food security, human welfare and the entire natural cycle that keeps the planet healthy. Some talking points Given that SLCPs stem from different sources, effective mitigation requires a series of comprehensive actions that deal with each pollutant separately. Fortunately, the road is already laid out. Many of the technologies, laws and institutions needed to cut SLCP emissions already exist. In the case of black carbon, new technologies are inexpensive and available. Developed countries have already reduced emissions significantly through the use of green technologies. Ideas include the modernization of domestic cooking systems in the region, introducing the use of solar cookers and new transport systems with improved exhaust filters to reduce greenhouse gas emissions.   The amount of methane in the atmosphere, which affects the level of tropospheric ozone, is largely dependent on industrial activities. To reduce emissions, effective regulations should be implemented to control the industries that emit the most methane, including intensive cattle farming, mining, hydrocarbons and large dams. For HFCs, an alternative already exists. There need to be regulations that encourage people to substitute HFCs for greener alternatives, no matter the commercial barriers. Some countries have proposed incorporating HFCs in the Montreal Protocol, an international agreement recognized as one of the most successful initiatives to significantly and rapidly reduce CFC emissions, addressing a similar challenge, to the one we face today. To find out more about SLCPs, you can read a briefing paper (Spanish) put together by AIDA, CEDHA, CEMDA and RedRacc.

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A terrifying nightmare came true before their eyes. Waves of up to seven meters (23 feet), propelled by winds that reached 315 kilometers per hour (196 miles per hour), caught the inhabitants of the Philippines off guard, devouring everything in their path. Typhoon Haiyan was the most devastating of the climate shocks that frequently hit the Asian country. “We can stop this madness.” With those words, Yeb Saño, the Philippine’s climate change commissioner, demanded “climate justice“ for his people during the inauguration of the 19th Conference of the Parties (COP19) on climate change in Warsaw, Poland. The tragedy was palpable in his eyes and voice. The effects of climate change are unmistakable. Ocean levels and temperatures are rising, and this is provoking storms surges of such intensity that they’re impossible to ignore. No more time can be wasted in coming up with the financing needed to fight this problem. And we must set the rules for the effective use of these funds. AIDA is pushing for this. At the COP19, we worked with other civil society organizations to encourage the governments of developing countries to draft an action plan next year designed to fulfill a vital commitment: making US$100 billion available to developing countries from 2020 for fighting climate change. Part of these funds will be channeled through the Green Climate Fund (GCF). AIDA has assisted in putting pressure on the governments of developed countries to provide certainty about the contributions they will make to this financing mechanism. We also have taken part in the creation of GCF by participating at meetings of its Board of Directors. Our short-term goal is to ensure that the role of civil society is effective and meaningful in the GCF decision-making process. Long term, we want the GCF to support effective actions for climate change mitigation and adaptation that will not only help reduce emissions but also benefit the most vulnerable communities that already are being affected by the phenomenon. Our presence at the COP19 also made it possible for AIDA to form alliances with groups from different sectors – civil society, youth, indigenous peoples, among others – in order to develop and strengthen a joint position ahead of the COP20 to be held in Peru. We hope that the COP20 will set the foundation for a new and hopefully successful climate agreement at the COP21 in Paris. We also worked with partner organizations to develop a briefing paper (in Spanish) on short-lived climate pollutants (SLCPs), which we distributed in Warsaw. As SLCPs remain in the atmosphere less time than CO2, reducing these contaminants is a valuable opportunity for a short-term solution to global warming and an important element that should enter into the new climate agreement. With your support we will continue fighting to prevent typhoons and other natural disasters from becoming a way of life.

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