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.
Related projects
Learning from Mendoza, Argentina: “Water is not negotiable
Near the end of 2019, the citizens of Mendoza, Argentina united in one of the province’s most important social manifestations. Their objective was clear: to defend their water. People of all ages—members of NGOs, environmental assemblies, anti-mining movements, scientists and academics—took to the streets to demand that the local government reverse the modification of Law 7722, known as "guardian of the water" or "the people’s law." The law is fundamental for the protection of water in Mendoza because it prohibits the use of cyanide, mercury, sulfuric acid and other toxic chemicals in mining activities—all of which seriously contaminate rivers, lakes and other natural water sources. Enacted on June 21, 2007, this law resulted from a long struggle by civil society. A step back in environmental protection The government intended to modify Law 7722 with another regulation, Law 9209, which allowed for "the use of chemical substances [including cyanide], mixtures or dissolutions of them, to ensure the sustainability of the [mining] project.” The justification for eliminating the prohibition on the use of cyanide and other toxic elements was "to guarantee the sustainability of the use of natural resources, with special emphasis on the protection of water resources and to ensure compliance with mining activities.” The use of cyanide in legal mining is becoming less frequent due to the risks involved in its manufacture, transport and use. Cyanide compounds are highly toxic in their gaseous form or when dissolved in water. Considering that the limit of cyanide in drinking water for safe human consumption is four drops per liter, the concentrations used in mining present high risks. In addition, there is abundant evidence of cyanide spills and losses from mining facilities during transport, and multiple cases of mass fatalities of wildlife near mining facilities, particularly migratory birds. The legislative amendment sought to make the procedures for environmental control and monitoring more flexible, by establishing that it was no longer obligatory for the Environmental Impact Statement of a mining project to be ratified by law. This undermined the effectiveness of Law 7722. These changes, promoted by the government of Mendoza, violated environmental protection principles contained in Argentina’s Constitution, among them sustainability and other national regulations that the provinces are obliged to comply with and enrich. For example, article 41 of the Constitution states that "all inhabitants have the right to a healthy, balanced environment, suitable for human development and for productive activities to satisfy present needs without compromising those of future generations; and they have the duty to preserve it." The citizen's response The social response to this modification—which intended to give free rein to the use of substances with a high environmental impact—surpassed all precedents. By successfully reversing an initiative already approved by Mendoza's legislators, it became an example for the entire region. The largest demonstrations in Mendoza's history began on December 22. Under the slogans "water is not negotiable" and "water is worth more than gold," the people of Mendoza organized to express their disapproval of the new law. The following day, 50,000 people gathered in front of the Provincial Government House after a journey of more than 100 kilometers, which began in the town of San Carlos, in the Uco Valley. They demanded: Law 7722 is not to be touched. Despite this widespread popular rejection, the Governor of Mendoza enacted the reform. Then, thousands of self-convoked neighbors gathered at kilometer zero—between San Martín and Garibaldi Streets—in the provincial capital to demand the law’s repeal. On December 26, faced with constant and growing social pressure, the Governor announced that he would not enact the new law. That palliative measure was deemed unconvincing and mobilizations intensified. The Governor then decided to reverse the amendment to Law 7722. On Friday the 27th, he announced the reform’s repeal, which finally happened on Monday the 30th. The case of Mendoza teaches a valuable lesson to all Latin American countries: When citizens are aware of the importance of nature and the scale of the dangers it faces, they will not yield. Socio-environmental conflicts are not only a response to those who have control over natural resources, but also to their effects on a complex social network. For humans and also for other beings, nature is a formative part of our identity, culture and customs. We are part of it and it is part of us. It is a living and interconnected network. That is why we must be its main defenders. The prompt and necessary updating of the concept of "sustainable development" is one of the challenges of Environmental Law in the 21st century. We mustn’t promote development that attacks nature and ignores human rights. Learn more about the use of cyanide in mining (in Spanish).
Read more
Strengthening society’s call for climate action
When Cristina Briseño learned that the twenty-fifth United Nations Conference on Climate Change (COP25) would be moved from Santiago, Chile to Madrid, Spain she felt like crying. "I had a lot of faith in the pressure that an event as big as this would create for urgent environmental issues in Chile," she told me. At 46 years old, Cristina, a Chilean citizen who has always supported environmental causes, signed up to volunteer at the Social Summit for Climate Action, planned as a parallel event to COP25. When the Conference was move to Madrid, the People’s Summit stayed in Santiago. "The opportunity to discuss climate change issues in a country as vulnerable as Chile was missed," Ingrid Wehr, director of the Heinrich Böll Foundation's Southern Cone Regional Office, said during the Summit. But all was not lost. COP25 was moved due to social unrest in Chile—the result of a historic movement in which the society’s most vulnerable are making their voices heard. In this context, the Social Summit further demonstrated that citizens have a lot to say on environmental issues, and much to contribute to confronting the climate crisis. "In the end, you have to keep fighting with the tools you have," Cristina told me. The Summit that persisted The Summit was organized by Civil Society for Climate Action (SCAC), a platform that brings together more than 130 organizations from different sectors in Chile. It took place at the Tío Lalo Parra Cultural Center in the municipality of Cerrillos, located in southwest Santiago, where the official COP25 was to be held. Characterized by a large amount of waste and unused land, Cerrillos has a desert-like appearance and eroded terrain. "Holding the Summit there meant decentralizing a problem that tends to be discussed in big cities or in the most central spaces of the capitals," Cristina explained. Over 10 days, from December 2 to 11, the Summit hosted hundreds of activities on issues related to the climate crisis, emphasizing the need for more ambitious actions to address it. There were talks, conferences, workshops, art exhibitions, plays, and interactive activities. Participants discussed many issues. While one group focused on socio-environmental activism and conflict, or the role of young people as agents of change, another delved into the impacts of the climate crisis on the ocean and fisheries. Citizens, researchers, activists and community representatives reflected together. From their shared experiences, they demonstrated that the social crisis in Chile is also an environmental crisis reflecting the inequality that plagues the region. "SCAC, which was born with the intention of celebrating the Summit alongside COP25, achieved something very important for the country's environmental movement," said Florencia Ortúzar, an AIDA attorney who participated in an event on decarbonization and just transition. “It achieved the union of Chile’s environmental groups, from the smallest and youngest to the largest and most consolidated. Now we are all connected.” The voice of Latin America Historically, international climate negotiations have failed to respond to the demands of Latin American civil society. That’s why efforts to include the region and the voice of its citizens in climate conversations are so valuable. The Latin American Climate Manifesto embodies this spirit of inclusion. It was jointly developed by hundreds of individuals and organizations from across the region, and launched simultaneously at the Social Summit in Chile and a parallel event in Madrid. The document calls for a better world and outlines the actions necessary to achieve it, focusing on nine water; nature; energy transition; new development models; women; native, indigenous, afro-descendants, and ethnic and tribal peoples; human rights and climate change;climate justice; and climate governance. If anything characterized 2019, it was increased global awareness about the seriousness of the climate crisis and the urgency of facing it together. Last year also saw the awakening of a new social consciousness, and with it the rising voices of the most vulnerable among us, demanding justice. These awakenings are not coincidence, but two sides of the same coin. The call for social justice and environmental justice is being heard around the world, opening up a window of opportunity for change. That’s why it’s essential that human rights be recognized as a central element in all climate action.
Read more
A Plan to Decontaminate Our Cities and Contain the Climate Crisis
In an open letter made public at COP25, more than 100 organizations from Latin America and around the world urged governments to include ambitious and measurable targets for confronting air pollution in their new climate commitments, which must be submitted to the United Nations by March 2020.Join the Global Call for Clean Air! SIGN NOW!Read it in Spanish In Portuguese Poor air quality is the environmental problem that claims the most lives worldwide.Each year, more than four million people die from the health damages caused by air pollution. Official data shows that, globally, nine out of ten people breathe polluted air, and that the problem affects more than 80 percent of urban residents. The majority of those affected are in developing countries and the damages most severely impact the most vulnerable sectors of the population: children, pregnant women and the elderly.At the same time, humanity is seriously threatened by a climatic emergency whose impacts are also suffered with greater force by the most vulnerable segments of the population.Both problems, the climate crisis and poor air quality, are related to the atmosphere around us and are a matter of human rights. In this sense, there is an efficient way forward on both fronts. It’s an opportunity we must seize, and it has to do with reducing emissions of short-lived climate pollutants (SLCPs).Short-lived climate pollutants are atmospheric agents that contribute to the climate crisis with much more intensity than carbon dioxide (CO2) and, as their name indicates, remain in the atmosphere a relatively short time, from days to decades—unlike CO2, which can last millennia in the atmosphere. In addition, these pollutants degrade air quality, affect glacial areas and reduce crop yields. They include black carbon, methane, tropospheric ozone and hydrofluorocarbons (HFCs).Aiming to mitigate them implies reducing global warming in the short term and, at the same time, advancing in the decontamination of cities.This opportunity has already been supported by science.The United Nations Intergovernmental Panel on Climate Change (IPCC), which brings together experts on the subject, stressed in its Special Report on 1.5°C that, in order to confront global warming, we must incorporate into our efforts the mitigation of pollutants other than CO2, specifically black carbon and methane.Recently, more than 11 thousand scientists from around the world joined the call. In a public declaration recognizing the climate emergency, they identified among the measures necessary to solve it the prompt reduction of short-lived climate pollutants, noting that this would reduce warming by more than 50 percent in the coming decades.The forthcoming update of Nationally Determined Contributions (NDCs)— containing the climate commitments that governments must submit to the United Nations Framework Convention on Climate Change (UNFCCC)—opens the possibility of betting on the mitigation of these pollutants and contributing effectively to the fight against the climate crisis and poor air quality.The deadline for governments to submit new and more ambitious Nationally Determined Contributions is March 2020.For all of the reasons stated above, the undersigned organizations consider that the States that are part of the UNFCCC must respect human rights, protect them with the highest standards, and consider them in their climate commitments.In this sense, we ask that governments:Include ambitious and measurable targets for the reduction of short-lived climate pollutants in the update of their NDCs by March 2020.Detail in their commitments the means of implementation, which must ensure compliance with the targets they set.Frame the fulfillment of commitments in comprehensive policies that recognize the different levels of impact among the population, with special emphasis on the protection of children and other vulnerable groups.Specify the monitoring, reporting and verification procedures that will accompany the implementation of their commitments.Ensure that local governments and companies respect the policies established and adapt their actions to the urgent need to improve air quality. Download the letter
Read more