Human Rights

Human Rights

A healthy environment: what is this universal right?

The triple crisis facing the world highlights the importance of guaranteeing the right of all people to live in a clean, healthy and sustainable environment.Climate change, biodiversity loss and pollution are among the greatest threats to humanity today, seriously affecting the exercise and enjoyment of human rights. It’s enough to mention just a few examples:Air pollution is one of the main environmental threats to health, causing seven million premature deaths each year.In the last 10 years, extreme weather events have caused 220 million displacements, or about 60,000 per day. These and other impacts disproportionately affect individuals, groups and communities who are already in a situation of vulnerability.For women, for example, environmental degradation means the reinforcement of pre-existing inequalities and situations of discrimination in matters such as access to and tenure of land and natural resources. Children, for their part, suffer more intense impacts due to their less developed physiology and immune systems. And for indigenous and traditional peoples, the defense of their territories and livelihoods in the face of environmental damage represents serious threats, even to their lives.But what is the right to a healthy environment"> By Cristina Lux and Florencia Ortúzar *   The energy transition in Chile will inevitably occur. In fact, it is already underway. The country doesn’t have large deposits of fossil fuels, but it does have abundant renewable energy resources. It only makes sense, then, that prior dependence on coal should naturally shift to the sun, wind and other renewable sources. Today, after decades of struggle by local communities, the closure of Chile’s original 28 coal-fired thermoelectric power plants is underway as part of the Decarbonization Plan promoted by the government in 2019. Eight have closed, six others have a future closure date, six more are in the process of establishing one, and eight do not yet have a closure plan. If the government and private actors deliver as promised, the thermoelectric plants as a whole should close before 2040, freeing Chile from the energy derived from burning coal. But the history of coal dependence will undoubtedly leave a deep mark. For many years, Chile obtained more than 50 percent of its energy from thermoelectric plants, all located in just five locations, known as "sacrifice zones." The people who live in those areas have long suffered at the expense of generating electricity for the rest of the country. The story of one of the most emblematic of Chile’s sacrifice zones, the bay of Quintero and Puchuncaví, demonstrates why the transition not only must occur, but why it has to be just.   A beautiful seaside resort battered by pollution With a little more than 40 thousand inhabitants, the bay of Quintero and Puchuncaví is located two hours by road from the country's capital. The families there have historically lived from agriculture, artisanal fishing and tourism, ways of life that have been extinguished by the relentless advance of intensive industrial activity.   Photo: Claudia Pool / @claudiapool_foto / www.claudiapool.com Today, the site is home to more than 30 different companies: a coal-fired thermoelectric complex, gas-fired thermoelectric plants, a copper refinery and a petroleum refinery, a regasification port, a cement plant, ports that receive coal and other fuels, as well as coal and ash storage centers, among others. Public information regarding the emissions of this mix of companies is deficient and the lack of regulations governing them is abysmal. In fact, only a few pollutants are regulated. The rest are not even measured, despite the fact that several are dangerous to human health. And so, paradoxically, the monitoring stations show normal levels as people are being intoxicated in the streets and schools. In the bay there are often mass poisonings of adults and youth, many of whom end up in the hospital. In these cases, schools are closed, but businesses are not, and the wind is monitored to activate protocols in case of poor ventilation. The blame is placed on the lack of wind instead of on those responsible for the pollution. It’s also common to see coal deposits on the beaches, which stain the sands. In 2022 alone, more than 100 episodes were recorded. It’s alarming how the situation affects local children, who are particularly vulnerable to pollution due to its effects on human development. The impact on women is also disproportionate, as they are the first to be forced to leave their jobs to care for sick family since they bear the brunt of the care work. Things have not been done well in this beautiful coastal area. Today, new projects and the expansion of industrial operations continue to be approved. But the community is ri, demanding a truce for this area. It is time to move towards ecological restoration in Quintero and Puchuncaví.   Signs of hope Some recent events are giving hope that things could improve in the bay and that this area, which for years has been sacrificed in favor of the rest of the country, could once again show its beautiful beaches and wonderful fishing and agricultural resources to Chile and the world. Although the situation is not yet cause for celebration, some things seem to be moving in the right direction. One important step was the environmental damages lawsuit filed in 2016 by local communities against the government and all the companies in the industrial corridor. The process has been long, but a final judgment is expected soon. Meanwhile, in 2019, the Supreme Court resolved several appeals for protection for episodes of mass intoxications, giving reason to the communities and issuing a landmark ruling, perhaps the most important on environmental matters in Chile. The ruling orders the State to comply with 15 measures to identify the sources of contamination and repair the environmental situation in the area. Sadly, this ruling has not yet been properly implemented. Moving forward, the Supreme Court recently issued three rulings that refer to non-compliance with the 2019 ruling and provide tools to enforce compliance. Also, two of the four thermoelectric plants of the U.S.-owned AES Andes have closed operations in the bay. Two remain. Finally, in May, after 58 years of operation, the furnaces and boiler of the Ventanas Smelter were finally shut down. Thus, the icon of pollution in the area—a 158-meter chimney that consistently expelled pollutants—ceased to operate.   The search for justice is far from over Despite the good signs, there is still no secure future for the people of Quintero and Puchuncaví. That’s why we must continue to demand justice and a transition that protects the most vulnerable people.   Photo: Claudia Pool / @claudiapool_foto / www.claudiapool.com Although two of the four AES Andes thermoelectric plants operating in the bay have closed, the companies that owned them have been granted "strategic reserve status," whereby they are paid to remain available to operate again if required.  On the other hand, although the copper smelter of the state-owned Corporación Nacional del Cobre closed, the refinery continues to operate in the area. There was a relocation plan for the workers, but no remediation plan for the communities that for almost six decades breathed the toxic waste of that industry. In addition, projects continue to be approved without the participation of the communities. This is the case of the Aconcagua desalination plant, which intends to desalinate water to transport it through subway pipes over 100 km to supply the Angloamerican mining company. Last but not least, decarbonization in Chile seems to bring an increase in the use of gas, which has been falsely labeled as a "transition fuel." It’s expected that gas activity in the area—which hosts one of the country's two LNG (liquefied natural gas) regasification ports—could intensify and, with it, so could its environmental impacts.   Chile has the opportunity to set an example of just transition Chile, located at the end of the continent, has the opportunity to do things right. There are indications they’re moving in the right direction; the only thing missing is the political will to change course. The region of Quintero and Puchuncaví deserves the opportunity to shine again and to reach its full potential as a colorful coastal town and seaside resort with an identity rooted in agriculture, tourism and artisanal fishing. In this case, a truly just transition must include the closure of polluting companies that are making people sick. But it must also involve the participation of those people affected, putting the respect of their human rights at the forefront—a respect that was so diminished over the last six decades. The injustice that has weighed on the territory and its inhabitants must be recognized—establishing reparation mechanisms, ensuring non-repetition, and involving the people themselves in the environmental recovery of the area. Only in this way will the communities recover their capacity for agency—that power to decide and to be part of the decisions that affect them—which was taken away from them so many years ago.   *Cristina Lux is an attorney with AIDA's Climate Program and Florencia Ortúzar is a senior attorney with AIDA.  

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Human Rights

Right to a healthy environment global coalition wins UN Human Rights Prize

Manila (PHP), Geneva (CH), Casablanca (MAR), New York (US), Mexico City (MX), Buenos Aires (ARG) — Today, the Global Coalition of Civil Society, Indigenous Peoples, Social Movements, and Local Communities for the Universal Recognition of the Human Right to a Clean, Healthy, and Sustainable Environment was recognized as one of the recipients of the prestigious 2023 United Nations Human Rights Prize. The coalition is awarded for its essential role in advocating for the recognition of the right to a healthy environment by the UN General Assembly (UNGA) in July 2022. The UN Human Rights Prize is awarded once every five years to several recipients at a time. This year is the first time that it has been granted to a global coalition. The prize will be presented in New York on December 10, which also marks the 75th anniversary of the Universal Declaration of Human Rights, making this recognition even more special.  This achievement was only possible thanks to tireless efforts that began decades ago and resulted in thousands of people from all across the globe ing forces to achieve a milestone: the recognition by the United Nations of the human right to a clean, healthy, and sustainable environment. First and foremost, the award highlights the importance of collaborating to advance the much-needed protection of our planet and fulfillment of human rights. Alone, no organization, movement, or person would have been able to achieve the universal recognition of the right to a healthy environment. Together, a diverse global coalition made this a reality.  Furthermore, the prize recognizes the need to protect participatory spaces for everyone. As civic spaces are worryingly shrinking and many human rights and environmental defenders are under attack worldwide, the award sends a strong reminder: It is essential to respect and strengthen spaces for participation and collaboration. The protection of civic spaces and the respect and for all human rights defenders is essential for the effective implementation of this newly recognized right. The right also is an integral component of environmental justice and democracy and provides a seamless path to protecting the rights of future generations. This announcement arrives just a few days ahead of the July 28 anniversary of the UNGA’s recognition of the human right to a clean, healthy, and sustainable environment. Since then, millions have continued to experience the cumulative and accelerating impacts of the triple planetary crisis of biodiversity loss, climate change, and pollution, exacerbated by systemic inequalities, that is contributing to ongoing violations of the right to a healthy environment around the world. This prize emphasizes that today more than ever, States must make this right a reality. It is both a recognition and a call to action for governments, businesses, institutions, and people worldwide to ensure that the right to a clean, healthy, and sustainable environment is effectively guaranteed and legally protected so that it can be enjoyed by all.  Read the reactions from the of the coalition here. press : Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107  

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Transición energética justa y justicia climática
Climate Change, Human Rights, Capacity Building

Session 3 of the AIDA’s 25th Anniversary Webinar Series

A dialogue to build a path toward climate justice and a just energy transition In this third and final session we discussed, starting from a place of hope, the path towards a just energy transition and climate justice in the region. We explored what both concepts mean, what is needed to achieve them, and the tools and successes at our disposal.   ists Felipe Pino Zúñiga, lawyer and Project Coordinator at NGO FIMA (Chile). Bernie Bastien-Olvera, interdisciplinary researcher on climate change at the University of California, communicator and media producer (Mexico). Tania Ricaldi Arévalo, researcher at the Centro de Estudios Superiores Universitarios of the Universidad Mayor de San Simón (Bolivia). : Florencia Ortúzar, senior attorney, Interamerican Association for Environmental Defense (AIDA). Closing: Anna Cederstav, AIDA's Deputy Executive Director and Chief Financial Officer.   Recording  

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Pueblo tradicional en las islas flotantes de los Uros en el lago Titicaca cerca de la ciudad de Puno, Perú.
Climate Change, Human Rights

Climate finance: Questions and answers

The climate crisis knows no borders. It impacts people, ecosystems and species around the world. Addressing this global crisis requires profound and innovative transformations in all facets of human life: the production of energy, food and other goods; the design and construction of infrastructure; the use and management of terrestrial, marine and freshwater habitats; the transport of people and products; and more. These systemic changes demand financial resources and sound investments. This is why we hear time and again that addressing the climate crisis is costly and requires financing. Climate finance is a complicated topic, and so we offer you a glimpse of the basics.   What do we mean by climate finance? The United Nations Framework Convention on Climate Change (UNFCCC) describes climate finance as the type of local, national or transnational finance used to and implement climate change mitigation and adaptation actions with financial resources from public, private and alternative sources. These resources are defined as "new and additional" and cannot include those previously committed, for example, for official development assistance. To better understand this definition, we can point out that climate finance is captured and used to reduce greenhouse gas (GHG) emissions and enhance carbon sinks, or seeks to reduce vulnerability, as well as to maintain and increase the resilience of human and ecological systems to the negative effects of the climate crisis.   Why is climate finance important? To echo UN Climate Change Executive Secretary Simon Stiell's message at the Sustainable Investment Forum, "We cannot achieve our climate goals without finance. Whether we are talking about transitioning to renewable energy, improving energy efficiency or protecting vulnerable communities from the effects of climate change, all of these efforts require significant investment." Climate finance impacts everything from national policies to changes occurring at the local level that make a concrete difference in people's lives. "Climate finance is ultimately about what we as societies value: the world we want to live in and the lives and hardships we can save by channeling our money into building resilience to the ravages of climate change," Stiell said in his speech.   Financing by and for whom? The impacts of the climate crisis are inversely proportional to the weight of responsibility, in that the countries historically responsible for the highest levels of GHG emissions are often the least affected. This is why the UNFCCC advocates that developed countries, those with the most economic resources, should financially assist the least developed and most vulnerable countries. This is what the principle of "common but differentiated responsibilities and respective capabilities" established in the Convention is all about. On the other hand, the Paris Agreement—a legally binding international treaty in force since November 2016—reaffirms the obligation of developed countries in addition to promoting, for the first time, voluntary contributions from other States. It further provides that developed countries should continue to take the lead in mobilizing climate finance from a wide variety of sources, instruments and channels, taking into the important role of public funds, as well as the needs and priorities of developing countries. It’s key to note that this mobilization of finance should represent a progression from previous efforts.   What climate finance mechanisms exist? Under the UNFCCC, there are three main mechanisms for climate finance to reach nations, created for different purposes and with different scopes: Global Environment Facility (GEF): Grants financial resources to developing countries or countries with economies in transition to meet the objectives of international environmental conventions and agreements. It also manages the Special Climate Change Fund and the Least Developed Countries Fund. Adaptation Fund: Created as a financial instrument for adaptation and resilience in those countries that are part of the Kyoto Protocol. Green Climate Fund (GCF): Created with the objective of financing mitigation and adaptation programs and projects aimed at low-emission and climate-resilient development. It is the main multilateral climate finance entity worldwide.   How much financing do we need? In the framework of the UN climate negotiations in 2009, developed countries committed to transfer $100 billion per year to developing countries by 2020 (target extended to 2025 in the Paris Agreement). But this amount has not been achieved. For example, in 2016 they only reached $58.5 billion and, although the amount increased significantly for 2019, they only reached $79.6 billion. In that sense, to meet the goal of net zero emissions by 2050, the Climate Policy Initiative organization estimates that global financing of $4.35 trillion is needed by 2030 (when the 2020 estimate was only $632 billion dollars).   What are the main challenges of climate finance today? The main challenge, as we have seen, is the need for a substantial increase in the flow of finance. Another key challenge is to measure and track this type of finance, which is not subject to a common universal definition. Along the same lines, given that developed countries’ commitment to the UN does not include official guidelines on what activities count as climate finance, it’s difficult to ensure that money is not double-counted or that it goes to efforts that will actually help reduce global warming and its impacts. There is also the need to balance the allocation of funds more equitably between mitigation and adaptation activities, as well as those related to loss and damage already suffered by communities around the world. In 2020, 90 percent of global funding went to mitigation, while only 7 percent to adaptation projects and 3 percent to dual activities. On the other hand, it’s important that the financing channeled does not result in human or environmental impacts, as often happens when there are large investments in which adequate consultation and participation processes are not implemented. An energy project, however renewable and clean it may be, can accentuate inequalities and vulnerabilities if it is poorly planned or if it is designed without the participation of local communities. Finally, it should be considered that, although a lot of money is allocated to address the climate crisis, at the same time, businesses that promote dependence on fossil fuels, and that keep us in a predatory and unjust economic system that perpetuates extractivism as a mode of development, continue to increase around the world. This, of course, counteracts the progress we can make in favor of the environment and communities. What is clear is that a specific annual amount of climate finance is not enough; what we really need at this point is that all the money mobilized contributes to the regeneration of the planet and to resolving the environmental and climate crisis, not exacerbating it.    At AIDA we monitor the climate finance coming to the region because we understand how important it is to increase the possibilities of building a future where we can live well and in harmony with the environment. We also understand that the problems often caused by poorly designed financing are due to a lack of connection between the territories that suffer the impacts of the climate crisis, and the decision-making spaces where projects are proposed to overcome them. In this sense, AIDA seeks to build a bridge between these two worlds, motivating organizations in the region to be active, to follow up on projects and to participate in decisions. Only in this way can we ensure that scarce climate funds not only exist, but also reach their full potential towards the paradigm shift we all need. the "Observatory of the Green Climate Fund for Latin America and the Caribbean", a t effort to better monitor the world's largest climate fund.  

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Vista trasera de un padre con su hija en brazos y mirando su casa con es solares instalados.
Climate Change, Human Rights

The dilemmas of a just energy transition

Humanity has an urgent task ahead: to transform energy systems without continuing to fill the atmosphere with warming gasses and pollutants. This is a fact proven by science. Failure to do so means that our planet will no longer be a safe haven for the the many species that call it home.  The problem is that the necessary transition is far from simple. In addition to the difficulty of cutting dependence on the fossil fuels that have dominated for centuries, it turns out that not just any transition will do. It’s not just a matter of stopping to burn these fuels, we must also consider other ways to leave behind the development model that has for centuries been separating humanity into winners and losers, while violating human rights.   What is a JUST transition?   There is currently no single concept of what it means for the energy transition to be just. At AIDA, we believe that to be just, the transition must be equitable and inclusive, recognizing that the impacts of climate change and the necessary transition are not evenly distributed. Thus, certain groups—such as those working in traditional energy sectors and/or marginalized communities—may be disproportionately affected. To get a glimpse of the problem, it’s worth understanding that humanity today is suffering from a myriad of crises that affect the lives and well being of people, especially those in the most vulnerable conditions. These crises include the climate emergency, pollution, biodiversity loss, global pandemics and democratic crises. And at the heart of it all is social inequality, that widening gap between rich and poor that generates disparities in all aspects of life, including access to health, education and economic opportunities. These crises are interconnected and mutually reinforcing. Responses to one can help solve others, but they can also aggravate them. For example, when transitioning to clean energy sources not only helps combat climate change, but also reduces air pollution and improves public health, we are solving two problems in one. An example in the opposite direction occurs when a rapid and unchecked transition to electric mobility results in the aggressive extraction of rare minerals such as lithium, which comes from fragile ecosystems on which local communities depend.   Where do we start? To ensure a just transition, we must be guided by the principles of justice, equity and inclusion, and ensure that the most vulnerable populations are not disproportionately affected. As Naomi Klein said in her book This Changes Everything, to address the climate crisis we must understand that climate change is not only an environmental, but also a human rights issue. A just energy transition requires not only ending the burning of fossil fuels, but also addressing economic inequality, including a gender perspective, strengthening social safety nets, protecting workers' rights, respecting the rights of indigenous peoples, empowering communities to participate in decisions that affect their lives, and making reparations to those who have been affected by the current economic and energy model.   What role can litigation play? Litigation is already moving in step with the dilemmas of the energy transition. We have seen an increase in lawsuits that appear to go against the energy transition, such as those challenging renewable energy generation projects, or pro-transition regulations, or otherwise hindering the transition. But can it be said that these are always "regressive" lawsuits? A lawsuit to challenge the environmental permitting of a wind generation venture might be blocking the transition, but it is not necessarily regressive. If it is a mega-project, for example, owned by a transnational company that will export all the energy generated without benefiting local communities, and if it intends to be located on indigenous lands without local participation, then it is a project aimed at an "unjust transition" that does not serve us because it reinforces the same model, the one that has us so badly on track. The report Litigation for a Just Transition in Latin America, published in January 2023 by the Sabin Center for Climate Change Law at Columbia University, and translated into Spanish by AIDA, refers to this type of case. The report questions the purpose of just transition litigation, asking whether it promotes or obstructs an energy and climate-resilient transition. In this regard, the authors conclude that just transition litigation cannot be fully characterized as regressive or non-regressive in relation to the transition. As such, they consider that just transition litigation should be seen and understood as a new category of climate litigation, with its own diverse rationale. The issue allows us to reflect on the complexity of the longed-for transition. Faced with this type of dilemma, in AIDA we generally choose to analyze each case, without marrying a dogmatic position. But a constant and, in this sense, valuable starting point is that everything that is carried out in favor of the energy transition—whether projects, policies or actions—must have a strong and decisive focus on the environment, human rights and gender. Without that there is no justice; and without justice there is no remedy or solution. So we believe that litigation does have a role to play, not only in making the transition happen, but also in making it just.  

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Oceans, Public Participation, Toxic Pollution

Offshore drilling: Resisting a growing threat in Latin America

Offshore drilling is expanding in Latin America and the Caribbean as part of a government and business strategy implying the continuity of the oil and gas industry, despite the role of fossil fuels in aggravating the global climate crisis. The advance of offshore hydrocarbon activity also risks serious damage to the ocean—our planet's greatest climate regulator—the vast biodiversity it harbors, and to the livelihoods of coastal communities. Worldwide, offshore areas represent 30 percent of total hydrocarbon reserves and are concentrated in surface waters up to 125 meters deep, according to academic research. The United States, Mexico, Norway, Brazil and Saudi Arabia are the main producers, ing for 43 percent of the world total. The current expansion of drilling in Latin America is tending towards extremes with greater environmental complexity, in ultra-deep waters, with wells that exceed 1,500 meters in depth. The authorization of new offshore drilling projects deepens dependence on the use of fossil fuels, representing a step backwards in global efforts to avoid global warming with catastrophic consequences. It also constitutes an obstacle in the transition towards sustainable energy systems, based on renewable sources and respectful of people and the environment. However, there are cases in the region that demonstrate a growing collective resistance to the blind advance of offshore drilling projects. With the help of strategic litigation and citizen participation, these cases are creating an opportunity to set important precedents at national and international levels for the protection of the environment, the climate and human rights from the damages caused by offshore drilling.   In defense of the Argentine Sea In May 2019, the Energy Secretariat awarded several companies a total of 18 areas (225,000 square kilometers of surface area) in the Argentine Sea—a sector of the Southwest Atlantic Ocean—for the search for gas and oil.   In December 2021, the Ministry of Environment and Sustainable Development authorized a seismic exploration project in three of the awarded areas, located off the coast of the province of Buenos Aires, about 300 kilometers from the beaches of Mar del Plata, one of the country’s most popular beaches. The project includes the drilling of an exploratory well, and is being managed by the Norwegian state-owned company Equinor, the Argentine YPF and the Anglo-Dutch Shell. The governmental decision has been questioned and rejected by the scientific community and by the assemblies of several coastal cities. In January 2022–in view of the threats to biodiversity, climate and local economies posed by the prospecting and possible exploitation of hydrocarbons off the Argentine coast—scientific groups and environmental organizations filed a class action lawsuit before a Federal Court in Mar del Plata against the Argentine State, the Ministry of Environment and the Secretariat of Energy, requesting the nullity of the resolution authorizing the seismic exploration project and the process by which the 18 areas of the Argentine Sea were licensed off. The lawsuit was followed by protests in the streets and other actions, which have swelled into an ongoing legal battle. In February 2022, the court temporarily suspended seismic exploration through a precautionary measure. However, in December of that year, the Court of Appeals lifted that suspension. This decision was appealed before the Supreme Court of Justice, which has not yet ruled on the matter.   Moratorium at risk in Belize In October 2017, the government of Belize established by law a permanent moratorium on oil activity in its maritime zone. This occurred after an informal referendum organized by environmental groups in 2012 resulted in 96 percent of participants voting against oil activity; and after the global outrage generated in October 2016 by the government's decision to allow seismic testing for oil exploration just one kilometer away from the Belize Barrier Reef, one of the most diverse ecosystems in the world.   However, offshore hydrocarbon exploitation is still a risk for the Caribbean nation. In 2022, the Prime Minister expressed the government's willingness to allow seismic exploration without lifting the moratorium. In view of this, organizations dedicated to environmental protection seek to reinforce the prohibition by forcing a referendum on whether or not to lift the moratorium.   Court victory in Guyana In Guyana, since the early 2000s there have been reports of discoveries of large offshore oil and gas reserves in the so-called Guyana Suriname Basin. Guyana is the South American nation with the most oil reserves discovered in the last decade, and has decided to expand its gas reserves as well.   Offshore gas production in Guyana has also been the subject of controversy due to environmental and safety concerns. Recently, a court decision rejected an attempt by multinational ExxonMobil and the government to dissolve the written commitment that obliges the company to bear all cleanup, restoration, and damage compensation costs of any oil spill in its offshore operations. The judge in the case found that ExxonMobil is in violation of the permit issued to the Liza 1 project—which requires financial guarantees in case of oil spills and accidents—and that Guyana's environmental regulators are not enforcing the of the permit.   Biodiversity and climate defense Carrying out offshore hydrocarbon exploration and/or exploitation projects may involve the violation of international commitments, including those undertaken by States under the Convention on Biological Diversity, the UN Convention on the Law of the Sea and the Convention on Migratory Species. Offshore seismic exploration generates sounds at levels far in excess of natural levels. Many of these overlap with the hearing and vocalization ranges of marine species (mammals, turtles, fish, diving birds and others). This can cause serious injuries, long-term physical and physiological effects and even death, explains Pablo García Borbroglu, expert and leader of the Global Penguin Society, while affirming that it can also lead to a reduction in fishing activity. The impacts of the drilling are not limited to the exploited area, but affect the entire sea and all the species that inhabit it, aggravating the precarious situation of a large number of already threatened or endangered species. The expansion of the offshore industry also implies nations are failing to comply with global commitments to reduce their greenhouse gas emissions, or adopt measures aimed at the management of key ecosystems such as marine areas, both contained in the UN Framework Convention on Climate Change and the Paris Agreement. The cases described above, which bring together diverse voices under a common cause, have the potential to establish precedents that will force States to take responsibility for the possible environmental and social consequences of endorsing harmful industries such as offshore hydrocarbons. They are key opportunities for courts and other decision-making bodies to set exemplary precedents for the hemisphere in the protection of the environment and human rights, especially in the face of the global climate and biodiversity crises.  

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Mining, Toxic Pollution, Climate Change

Latin America's role in coal extraction and use

The extraction, transport, use and export of coal to generate electricity are major causes of both the climate crisis and systematic human rights violations. Forty-four percent of global carbon dioxide emissions from fossil fuels come from the use of coal, and the entire coal chain creates serious social, environmental and human rights impacts including forced displacement, water pollution and disease. In its most recent report, the Intergovernmental on Climate Change reiterated that, in order to avoid a catastrophic rise in the planet's average temperature, 80 percent of coal reserves must remain underground and that the use of coal for power generation must be phased out by 2050. However, according to the International Energy Agency, coal consumption reached 8 billion tons for the first time at the close of 2022, representing a 1.2 percent growth in global demand. These figures could rise further in 2023 and stabilize in the following two years, according to forecasts by the energy arm of the Organization for Economic Cooperation and Development. This is partly because, to cope with gas shortages due to the war in Ukraine, Europe plans to relax emission controls regarding fuels like coal. This contradicts the Glasgow Climate Pact (2021) in which States agreed to gradually reduce its use. Latin America is no stranger to this situation. The region participates both in the burning of coal and in the extraction of the mineral which, after being exported, is used as a fossil energy source in other corners of the world. Colombia is the fifth largest coal exporter in the world and Mexico represents the fourteenth largest emitter of greenhouse gases. Governments in the region therefore have a shared responsibility in global efforts to curb the exploitation and burning of coal in favor of energy systems based on non-conventional renewable sources that are sustainable over time and respectful of the environment and people. The story of coal in Latin America, and the pressing need for decarbonization, can be told by taking a closer look at the cases of Chile, Colombia and Mexico.   Chile: progress and challenges of decarbonization In Chile, coal-fired power generation is the main cause of serious impacts on the ecosystems and the health of people living in so-called Sacrifice Zones. Historically, pollution from coal-fired power plants—there were, at one time, 28 in operation—has been concentrated in these geographic areas, resulting in toxic air and one of the country’s greatest socio-environmental problems. In recent years, the Andean nation has seen progress toward the decarbonization of its electricity sector. Between October 2021 and September 2022, 27.5 percent of Chile’s electricity came from solar and wind sources—representing the first time renewables sured coal use, which fell to 26.5 percent after being the main source for more than a decade. In 2019, the Chilean government committed to closing all coal plants by 2040. Since that public announcement, the timetable has been accelerating. The initial proposal was to close eight thermoelectric plants by 2024 and the remaining 20 by 2040. Now, 65 percent of the plants are scheduled to close by 2025. A bill approved in June 2021 by the Chamber of Deputies and Chamber of Deputies backed the change, which now awaits Senate endorsement. Despite the progress, some experts say that Chile’s roap may not be entirely feasible and could increase diesel use in the short term. There is also an imminent risk that rapid decarbonization becomes an excuse to increase the use of gas, ignoring its risks and its role in the country's greenhouse gas emissions. In fact, the government has committed to carbon neutrality by 2050 based on scenarios that include an increased use of gas, but fail to recognize a greater use of diesel. Moving forward, it’s important that Chile’s decarbonization plan contains provisions to prevent continued and increased use of gas. On the contrary, a progressive plan must promote the implementation of renewable energies, encourage distributed generation and increase energy efficiency. A comprehensive plan must also include measures to adequately address energy poverty, and to relocate and reemploy people who lose their jobs due to the energy transition. Only then will it be truly responsible and fair. Colombia: the damages of coal mining and exports Colombia is the world's fifth largest coal exporter, with only 8 percent of the extracted coal being used for domestic consumption. Coal is the mineral that contributes most to the national economy, ing for more than 80 percent of mining royalties.  Yet poverty levels in the departments where 90 percent of the extraction takes place—La Guajira and Cesar—far exceed the national average. Much of Colombia’s coal extraction occurs in El Cerrejón, the largest open-pit coal mine in Latin America. Its operation and growth over the last 40 years has destroyed rivers, streams and endemic ecosystems like the tropical dry forest; polluted the air, causing serious health consequences; and continuously violated the rights of Wayuu, Afro-descendant and rural populations in La Guajira. At the 27th UN Conference on Climate Change (COP27), the current Colombian government announced its intention to reduce the exploitation of fossil fuels and undertake a gradual energy transition. However, to date, the climate impacts of coal mining have not been evaluated, no legislation has been ed on the closure of mines currently in operation, and there’s a lack of certainty around the future growth (or not) of the 1,774 existing coal-focused titles or new investments in the sector. At the same time, has increased its imports of Colombian coal due to the scarcity of gas in Europe. And purchases from the European market increased between January and November 2022, although Asia and the Americas are still the main buyers of the Colombian mineral. These exports demonstrate that the impacts of burning coal anywhere in the world are global—just as multinational corporations have a responsibility in the human rights violations derived from their coal mining in Colombia, the Colombian government has a responsibility in the aggravation of the climate crisis due to coal’s extraction and sale. Achieving a just transition in Colombia requires—among other things—building inclusive and participatory spaces, developing and implementing standards for the responsible closure of coal mines, and creating policies that allow for the adequate economic and social reconversion of those people most affected by the process. Mexico: the backlash of betting on coal and other fossil fuels In 2020, coal-fired power plants produced 10 percent of Mexico’s electricity and emitted 22 percent of the energy sector's total greenhouse gases, according to calculations by the Mexico Climate Initiative. Coal production and electricity generation from the mineral are concentrated in the state of Coahuila, where 99 percent of Mexico's coal is mined in just five municipalities. The origins and cultural identity of this region lie in coal mining, which dates back more than 200 years and still sustains the economy of 160,000 people. At the same time, the coal business has brought air and water pollution, disease and death. According to the historical record kept by victims' families, since coal mining began, more than 3,100 miners have died in the area. Two of the three coal-fired power plants operating in the country are in Coahuila; the other is in Guerrero and is fueled by imported coal. Those two plants consume almost half of the mineral extracted in the region and create more than 60 percent of the energy. Air pollution from burning coal causes around 430 deaths a year in Coahuila from respiratory diseases, according to the Centre for Research on Energy and Clean Air. According to 2019 data, Mexico is the 14th largest emitter of greenhouse gases globally—69.5 percent of its emissions come from the energy sector. Under the current government, energy policy shifted from expanding renewable energy projects to prioritizing the use of fossil fuels and promoting state dominance through the Federal Electricity Commission (CFE) and the state-owned petroleum company PEMEX. In fact, in 2022, coal-based energy production in Mexico increased 63 percent from the previous year. Environmental organizations have pointed out that "prioritizing electricity generation from CFE plants implies guaranteeing the burning of more coal and fuel oil indefinitely, and the development of new fossil gas infrastructure, which would tie us to US gas imports or the development of fracking projects in the north of the country with the consequent negative social and environmental impacts."   It’s clear that Latin America has a role in the extraction and use of coal, as well as in its social and environmental impacts. For the region, a just transition towards other forms of energy generation must take into the particularities of each country, be orderly and have a human rights and gender approach. This implies, among other things: considering the local communities that depend on the coal chain; deg policies to identify and manage the economic and social impacts of the transition; placing alternatives to coal at the center of the discussion; and developing broad and participatory decision-making processes with an active role for the urban and rural population. To achieve this, governments must take decisive action to ensure compliance with their climate and human rights commitments.  

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Indigenous Rights, Freshwater Sources, Climate Change

What happened at the World Water Conference 2023?

By Yeny Rodríguez, Claudia Velarde and Rosa Peña*   The UN Water Conference 2023, held March 22-24 in New York, was organized in response to the need to evaluate the fulfillment of global goals and targets in the areas of water and sanitation, about which there is growing concern. AIDA participated in the Conference to position key messages from Latin America and the Caribbean that should be made visible and included in the discussions and that should now be part of the fulfillment of the Water Action Agenda, which was adopted at the global meeting. What follows is our take on the important event and what we hope will come of it in the future.   The Advances An agenda for urgent action The Conference concluded with the adoption of the Water Action Agenda, a plan that included 689 commitments—collected from the official sessions and side events—as well as pledges of $300 billion dollars in financing to drive them forward. The commitments cover capacity building, data and monitoring systems, and improving infrastructure resilience, among other actions. The online platform hosting the Agenda will remain open for submissions. Overall, the Conference served as a global call to protect water and the water cycle as a global common good and a fundamental human right. The international community was also alerted to the need for urgent action to address the water crisis—which translates into shortages and droughts, contamination of water sources, degradation of strategic ecosystems and serious governance problems— which today particularly affects the world's indigenous peoples, Afro-descendants and rural communities. It’s important that the commitments made be incorporated into climate discussions, since the water crisis and the climate crisis are closely interconnected. The drive for fair water governance Innovative initiatives for the protection of ecosystems and for fair water governance were launched at the Conference. Water governance involves decision-making processes, as well as institutions and power relations that influence the flow, quality, use, availability and distribution of water (fresh or salt, surface or subsurface). One such initiative was the Transformative Water Pact, built collectively by a diverse group of more than 40 civil society organizations and academia, including AIDA. The Dutch NGO Both ENDS and the International Water Knowledge Institute (IHE-Delft) spearheaded the initiative. The Pact proposes an alternative vision of water management based on the principles of environmental justice, equity and care. It proposes frameworks for action and strategic priorities to guide decision-making. It is a response to the continued overexploitation and degradation of freshwater ecosystems, human rights violations, and the extreme power imbalances that characterize current water management around the world.   The Inspiring The role of women and indigenous peoples The presence of civil society at the Conference was mostly female. This both revealed the intersectional nature of the inequalities that women experience on a daily basis in their struggles for water, and vindicated their important role in water management. Women possess and transmit traditional ecological knowledge for the care of water, lead struggles in its defense, and are more frequently exposed to risks and threats to their lives. Yet their voice is often disregarded, and they are not often invited to participate in environmental decision-making spaces. Similarly, important indigenous leaders from across Latin America and the world attended the Conference. This showed how much we have to learn from indigenous ancestral practices for the care of water, as well as the decisive role that indigenous and traditional communities play in the care of 80 percent of the planet's biodiversity and in the mitigation of the climate and water crises. The parallel events in which these actors participated made the world reconsider and reevaluate what the West has understood from science, making it clear that the ancestral knowledge system of indigenous peoples is specialized and sophisticated, and therefore must be prioritized in any policy of integrated and fair water management. The unity of civil society for water justice Although largely absent from official UN spaces, civil society had a strong and inspiring presence at the Conference. Organizations, activists and water advocates from around the world held important conversations and called for effective participation, with their own voice, in these spaces. "When you ask me about this conference, I can tell you that I am optimistic, not because of the results, but because of the spirit that was born thanks to you," said Pedro Arrojo-Agudo, UN Special Rapporteur on the human rights to safe drinking water and sanitation, to a room full of civil society and water defenders. "The UN needs the energy and legitimacy that water defenders' movements are offering and I am sure it will come." Representatives of more than 500 organizations, indigenous peoples, social movements and water defenders presented the Water Justice Manifesto with the intention of amplifying the voices of those who are not being heard and insisting that fundamental issues be placed at the center of water policies at the global, regional, national and subnational levels. Although not scheduled, movement leaders were able to read the manifesto in an official space at the Conference, which allowed for its entry into the central dialogue.   What was Missing Guarantees for the effective fulfillment of commitments Although the Conference was a unique and relevant opportunity to place water-related issues on the world agenda, there is still a long way to go toward achieving effective commitments from nations, as those included in the Water Action Agenda are not legally binding. In the near future, we need these commitments to be binding, and for there to be a follow-up mechanism, indicators to measure the progress made by States in fulfilling the Agenda and – why not? – a specialized international instrument for the protection of the human right to water and sanitation. A more open and inclusive participation in the dialogue Practically all sectors echoed the need for greater participation in official UN spaces and in future conferences. This requires a broad understanding of the water crisis and the intersectional movement needed to address it justly. It implies thinking about participation based on the inclusion of stakeholders on an equal footing for dialogue and, at the same time, recognizing the individuals, communities and peoples who hold the right to water, whose voice must be taken into in a differential manner given their interdependent relationship with water. Recognition of the valuable role of water defenders In Latin America, defending rivers, lagoons, streams, aquifers and, in general, the right to water is a risky activity. Water is a natural resource in dispute. Those who work to safeguard it for human consumption or for its recognition as an enforceable right have for years been subjected to stigmatization, threats, persecution and attacks on their lives and integrity. The water agenda must recognize the important role of water defenders, as well as promote the creation of instruments and mechanisms aimed at providing greater guarantees to those who dedicate their lives to this work. The promotion of horizontal alliances and articulations for the protection of water The protection of water is a task of all States with differentiated responsibilities and capacities. Its effective achievement requires initiatives and processes of international cooperation, alliances and articulations among States based on mutual respect and recognition. This will make it possible to reach consensual paths and prevent the repetition of dynamics of imposition. Furthermore, these articulations must recognize and respect the normative frameworks of indigenous peoples so that, based on their uses and customs, they can continue to play their fundamental role in the protection and management of water.   What’s Next It’s expected that the commitments contained in the Water Action Agenda will be reviewed and endorsed internally by Latin American governments and promoted at the international level at summits and high-level meetings. It’s also expected that the importance of protecting the human right to water and sanitation will be a key theme in all international forums where progress on the Sustainable Development Goals (SDGs) is discussed, such as the SDG Summit scheduled for September, and especially at the 28th United Nations Climate Change Conference (COP28). AIDA will continue to work to protect key ecosystems, prevent industrial pressure on water, advocate for the participation of local communities in decision-making about their water sources, and defend the human right to water.   *Yeny Rodríguez is an attorney with AIDA's Ecosystems Program, Claudia Velarde is Area Coordinator of Ecosystems Program y Rosa Peña is an attorney with Human Rights and Environment Program.  

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Indigenous Rights, Climate Change, Human Rights

Strategic litigation and its role in the pursuit of justice

In La Guajira, Colombia, indigenous Wayuu and Afro-Colombian communities—accompanied by civil society organizations—initiated litigation to defend their rights to water, food security and ethnic integrity, all of which are at risk from the diversion of the Bruno stream for the expansion of El Cerrejón, the largest open-pit coal mine in Latin America. The goal of bringing this particular case to court is not only to prevent the loss of an important water source. The litigation also seeks to set a precedent in the country and on the continent for the protection of rural communities against the systematic violation of their rights. It also represents an important action in the face of the climate crisis, a global problem aggravated by the continued extraction and burning of coal and other fossil fuels. The case can be categorized as strategic litigation, also called impact litigation, which consists of selecting and filing a lawsuit in order to promote the protection of rights or changes in public policy, while achieving broad changes in society, i.e., those that extend beyond a particular case. Strategic litigation is a tool that, through the law, promotes social transformations and strengthens human rights protections. It is strategic because, based on a legal cause, it seeks to change unjust realities and position issues that are key to the formation of a democratic society. In this sense, the ultimate goal of strategic litigation is to leave a lasting mark, a judicial precedent that can be replicated. It is also strategic because it includes the use of communication strategies, social mobilization, and political advocacy to put relevant debates on the table regarding the recognition of rights. When legal actions involve local communities, they also become a tool to help strengthen their internal processes of defense.  Its premises and characteristics have made strategic litigation an important means to promote the protection of key ecosystems and human rights, including the right to health and a healthy environment, and the rights of indigenous peoples, communities and groups in vulnerable situations.   Components As described above, strategic litigation is consciously designed to achieve broad goals and to generate a roap for future litigation. It consists of many different elements, including the following: A robust legal strategy that, on many occasions, must be enriched with interdisciplinary technical and scientific arguments. A communications strategy. Social or community organizing, which means involving communities, networks and local organizations in all phases of the litigation under a perspective of active participation and collective strategy construction. A strategy to protect against scenarios of risk that the litigation may cause. Political advocacy before decision-makers.   Objectives and scope Although there are many, three main objectives of strategic litigation are to: Place important debates in the public opinion. Promote social mobilization around a common cause. Strengthen the rule of law, which means that citizens invite the State and judges to recognize rights, make problems visible, and ultimately strengthen the democratic system.   Strategic litigation has been especially important for struggles and causes in which it is difficult for social movements and communities to position the recognition of their rights in legislative and public policy agendas. At AIDA, we believe that all people should have full access to environmental justice, and strategic litigation has been a powerful tool to guarantee the individual and collective right to a healthy environment in Latin America. To achieve this, we select emblematic cases and projects where the strategic use of international law and scientific argumentation can set key precedents. We work closely with local organizations and allies to tly build the litigation process, design communication campaigns, and complete risk analyses that promote the protection of all stakeholders involved in litigation.  

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