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The shortsighted expansion of the Port of Veracruz
The powers behind the Port of Veracruz expansion project share a trait all too common in Mexico: a vision of development as the sum of short-term gains. But achieving those often requires squashing all possible obstacles, including our natural environments and the laws that protect them. “The first stage of the expansion of the Port of Veracruz will provide oxygen to the surrounding area for 15 or 20 years,” stated Juan Ignacio Fernández Carbajal, director of the Veracruz Port Authority. By oxygen, the director means economic income and new sources of employment derived from the port’s increased capacity. But this vision of development—so clearly shortsighted— ignores the social, environmental and economic benefits that the Veracruz Reef System has long provided, and which it will continue to provide for far more than 20 years. The second most important infrastructure project in Mexico’s recent history will irreversibly damage the largest coral ecosystem in the Gulf of Mexico, the Veracruz Reef System National Park. The reefs of Veracruz provide oxygen to Mexico and our planet in the most literal sense. The oceans and their ecosystems, particularly coral reefs, generate about half the oxygen we breathe and absorb almost a third of the carbon dioxide we emit. Coral reefs also produce 17 percent of all proteins consumed worldwide—a percentage that rises to 70 percent for coastal nations, according to a report by the United Nations Food and Agriculture Organization. They harbor more than 100 thousand different species of marine fauna, including thousands of commercial fish, which share their home with herbivorous fish, sea turtles and sharks. In good conditions, reefs protect coastal populations from storms, hurricanes and tsunamis—natural phenomena aggravated by climate change. They absorb up to 95 percent of the impact of waves generated by strong winds. The people of Veracruz know particularly well how the reefs have protected them. When hurricane Karl (a category four) hit the city in 2001, the Veracruz reefs provided a buffer that protected the city from the worst of the storm. Despite the fact that the reef system was designated a national protected area in 1975, and named a national park in 1992, the government decided to change the park’s boundaries in 2012 to allow for the expansion of the Port of Veracruz—effectively excluding the Punta Gorda reefs and Vergara Bay from the protected area. In purely economic —those clearly prioritized by the project’s promoters—by taking away the protection of those reefs, and putting their future at risk, Mexico’s oceans are losing value. The value of the environmental services provided by the now-unprotected Punta Gorda and Vergara Bay reefs is estimated around $290.5 million USD, a dramatic figure in light of the estimated value of the expanded port's activities. The port expansion project has an estimated value of $85,600 USD per square kilometer, according to an article by the University of Veracruz, a figure that pales in comparison to the estimated value of ecosystem services provided by coral reefs, which ranges between $100,000 and $600,000 USD dollars per square kilometer, according to the United Nations Environment Program. The obligations Mexico ignored to promote the port “Unfortunately, when we thought the project was about to begin, we began to have environmental problems, which delayed the project for about three and a half years,” Fernández Carbajal explained. The “problems” to which the director is referring is the existence of protected coral reefs on site. “Since the problem was a national park, the government figured they’d remove it from the area so they could build the port without facing any legal obstacles,” Leonardo Ortiz, a researcher at the University of Veracruz, explained in our documentary short Battle for the Reefs of Veracruz. According to national law, the only activities permitted within the Veracruz Reef System National Park are those related to the protection of its natural resources, the increase in flora and fauna, and the preservation of its ecosystems and their elements. Port activities are clearly in violation of this law. So rather than stop the expansion project, the government chose instead to change the park’s boundaries, effectively unprotecting the reefs that fell within the port’s proposed limits. In doing so, the government failed to conserve the natural characteristics of the nation’s ecosystems for future generations. It also violated its obligations under the Ramsar Convention, an intergovernmental treaty for the protection of wetlands, under which the Veracruz Reef System is recognized as a Wetland of International Importance. What’s more, the project’s Environmental Impact Assessment was highly flawed in the following ways: The Port Authority requested a fragmented authorization of the project, which prevented an adequate and comprehensive assessment of the project’s cumulative impacts over time. By ignoring the existence of the once-protected reef located in the construction zone, the assessment failed to provide the best possible scientific data. It did not include protective measures for sea turtles that spend an important part of their life cycle in the park—particularly hawksbill turtles, a threatened species recognized by the Inter-American Convention for the Protection and Conservation of Sea Turtles. It failed to consider the impacts on the reef due to sedimentation, the dredging of the Bay of Vergara and Punta Gorda, and the increase in the quantity and size of the vessels in the new port. It ignored the fact that, by transporting an increased quantity of hydrocarbons, the port’s expansion increases the risk of spills in a region highly vulnerable to these incidents, which could seriously damage the highly biodiverse reef system in the Southeast corridor of the Gulf of Mexico. For all of the above reasons, residents of the city of Veracruz have filed a writ of amparo, denouncing the government’s blatant violations of human rights and environmental law. In the legal action—presented by the Mexico Center for Environmental Law (CEMDA) and ed by AIDA—residents attest that the port expansion project is violating their human right to a healthy environment. The question we must consider then, is this: Does the short-term economic advancement of a region matter more than the preservation of a 10,000-year-old reef system that guarantees biodiversity, sustainable tourism, food security, and enduring protection against climate change? For those of us who think of the long game, and consider the natural world to be our best ally on the path toward a sustainable future, the answer is clear. The port expansion must be stopped.
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To keep corals healthy, we must protect herbivorous fish
We all know coral reefs are fragile environments, highly vulnerable to climate change and pollution. But did you know they also had to compete for light and oxygen with the tiny macro-algae that cover their surface? That’s why some of corals' best friends are herbivorous fish—species like parrotfish and surgeonfish that feed on algae, helping to keep corals healthy. But in the Caribbean, unsustainable fishing practices are causing a decline in populations of parrotfish (and other herbivorous fish), putting the health of corals at risk. That’s why, in AIDA’s marine program, we’re launching a large-scale project dedicated to the conservation of herbivorous fish throughout Latin America—focused on the nations of Colombia, Costa Rica, Guatemala, Honduras, Mexico and Panama. Herbivorous fish conservation The parrotfish is one of the most important fish living in coral reefs. They spend most of the day nibbling on corals, cleaning algae from their surface. They also eat dead corals—those bits and pieces that protrude from the reef—and later excrete them as white sand. A key element to maintaining sustainable fisheries is catching only adult fish—those that have already matured and reproduced. But in the Caribbean right now, people are fishing juvenile parrotfish. Though not a commercial species, parrotfish are being captured because they’re some of the only fish left in the reef. The irresponsible nature of commercial fishing in the region has caused a drastic decline in both commercial and herbivorous fish. “A key element of maintaining a sustainable fishery is catching only adult fish, which have already matured and reproduced. But what’s happening in the Caribbean is the fishing of young parrotfish,” explained Magie Rodríguez, AIDA marine attorney. Most fishing is done with gillnets and hooks, which cause high levels of by-catch—unwanted populations of marine species caught in commercial fishing. Harpoons and traps are also used, which prevent younger, smaller fish from escaping and continuing their life cycle. Surgeonfish and damselfish are two other herbivorous fish—both small and quite beautiful—falling victim to irresponsible fishing practices. Their popularity in tropical home aquariums has led to a decline in their wild populations. Dory, from Finding Nemo? She was a surgeonfish, and the movie’s popularity led to an increased demand for her species in aquariums. What the movie didn’t tell you is that the surgeonfish’s small, sharp teeth are highly adept at chewing algae, preventing the plantlife from essentially choking coral reefs of oxygen and light. Conservation strategies AIDA’s project for the conservation of herbivorous fish in the Caribbean is in its initial phases. Our objective is the implementation of diverse strategies, across the six Latin American nations, to protect these fish and, by extension, the reefs they call home. “To restore the balance of the coral ecosystem, it’s necessary to achieve the recovery not just of herbivorous fish populations, but also of commercial species,” Rodríguez said. So we’re talking not just about fishing bans, but also about the general adoption of sustainable fishing tools that take into the tourism potential of coral reefs. The project will also contemplate adequate wastewater management strategies, consumer education, and collaboration between governments, NGOs, universities and scientists. Corals are, among other things, a source of economic income and food for coastal communities that live from fishing and tourism. Plus, they are natural barriers against storms and hurricanes. “Corals do a lot for us and we have to take care of them,” Rodríguez added. “We’ve come to find that the best thing we can do to keep corals healthy is to protect the herbivorous fish that call them home.”
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Women, water and life: the vital connection
As a woman and an environmental defender, I find it necessary to commemorate the role of women in the protection of our natural heritage. I feel a special pull toward making visible the links between environmental defense, courage, and gender. Women are the first victims of environmental deterioration, but they’re also the greatest protagonists in the defense and conservation of nature. Although it may seem like women and the environment are two different topics, there are subtle—but strong—links between the two, particularly when it comes to water. Women have an important relationship with water—they are both sources of life and fundamental to existence. It’s not surprising, then, that women can often be seen leading struggles in defense of water, especially within indigenous and rural populations. Joan Martínez Alier, professor of economics at the Autonomous University of Barcelona and an expert in political ecology, explained to Agencia EFE that often, socio-environmental conflicts involving mining or the privatization of water directly affect the survival of communities and, for that reason, women act in defense of water as they would in defense of their land or their family: bravely and completely. Little is known, however, about the knowledge and experience of women in water management. In many cases, especially in the Global South, the istration of water resources, as well as the elaboration and implementation of related policies, doesn’t take into gender roles and lacks a differentiated approach. In rural Colombia, for example, women bring water to their homes from rivers or springs, boil it for use in the kitchen, and care for it. Despite their central role, they are not consulted when decisions are made locally or nationally about the water supply. It’s necessary to bring visibility to the role women play in water management, give equal recognition to the interests of men and women, and promote equal access to decision-making spaces. Only in that way can we advance towards greater equality. It’s important to that Latin America is one of the most dangerous regions in the world to be an environmental defender, and more dangerous still for women. Many women, who fight silently from their communities or from their leadership roles, have suffered the violence and injustice that comes with defending what is theirs. I must take a moment now to and honor Berta Cáceres, the indigenous activist and leader of the Civil Council of Popular and Indigenous Organizations of Honduras (COPINH), who dedicated her life to the defense of the Gualcarque River. Berta was murdered in March 2016, after years of threats stemming from her opposition of the Agua Zarca Dam. She may be gone, but her spirit, and her commitment to justice, is still very much alive. I’d also like to mention my colleagues, courageous friends, and allies who through their struggles are shaping a more just and equitable world. They believe, with all their hearts, that gender justice comes hand-in-hand with environmental justice. In our current reality, equality, more than a starting point, is a goal we must work towards. Concrete actions are needed to counterbalance the discrimination that affects us all. That’s why it is fundamental to incorporate the gender approach in any plan, program, project or mechanism of public istration. As the World Bank mentions in a 2002 report, the way to ensure both men and women benefit more equitably from policies is to make their needs and experiences an integral part of them. Life depends on women, as it does on water. That’s why we proudly act as stubborn defenders of not just water, but of all natural resources and of those who depend on them. Although not always visible, our struggle is as present as the water that travels in so many ways across our planet. It’s important that we come together in of one another—in our victories and our defeats. May we continue sharing our fears and our fights and, above all else, may we never abandon the defense of our territory—because it defines us and to it we owe everything. I’ve always thought that water has the face of a woman. Every day now, I see it more clearly.
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Brazil and the example that should be followed
In an apparent turnaround, the Brazilian government has signaled an end to the construction of large dams in the Amazon. If materialized, it will be a step worthy of imitation. Then the region, and the world, can move towards truly sustainable energy generation that respects the environment and human rights. 2018 began with encouraging news for the energy sector, and for rivers and human rights in Latin America. A senior official with the Brazilian government signaled, in an interview with the newspaper O Globo, the beginning of the end of large dams in the Amazon nation. That statement is backed up by the notable absence of several of these projects in Brazil’s new Ten-Year Plan for Energy Expansion. The about-face is particularly significant since Brazil is a world leader in the construction of large hydroelectric projects, which until a few months ago were relied on to meet the nation’s rising energy demands. Between corruption and lack of financing The decision is a response to various factors, including the social conflicts and environmental impacts that large dams have caused in the Amazon, and major opposition from indigenous communities and civil society organizations. In addition, these projects have involved high costs from the start and, as Edvaldo Santana, former director of the National Electric Energy Agency (ANEEL) told O Globo, they “end up costing much more, despite the licenses.” Large dams have also been at the center of the largest corruption scandal in the history of Brazil, uncovered by the Lava Jato investigation, which went beyond borders to involve politicians and businessmen from 11 Latin American nations. The evidence gathered then prompted the initiation of Leviathan, a special investigation into the Belo Monte Dam due to the signs of high payments of bribes related to its construction. All of the above is in addition to the requirements for environment licenses with which several projects have failed to comply. This is the case of Belo Monte, whose license has been suspended for months, and of the Tapajós Dam, who license was denied last year. On the other hand, the Brazilian government announced the privatization of Electrobras, a public company with a fundamental role in the construction of these large infrastructure projects. With this and the economic crisis that has affected the ability of the Brazilian National Bank for Economic Development (BNDES) to these mega-projects, the large dams have lost their primary sources of funding. Therefore—and in the face of technological advances and clean energy alternatives—Brazil is beginning to leave behind large dams and take and important step towards truly sustainable energy, and development that respects human rights. This advance could have an important impact on the entire American continent. It could begin a wave of change toward a more modern energy matrix, further removed from the increasingly obsolete large dams. A necessary change In the Amazon basin alone, more than 275 new large dams are planned, the majority in the Andean region. And hundreds more are lined up in Central America and Mexico. To echo Brazil’s announcement, these initiatives could incorporate adequate and comprehensive energy planning with serious cost and risk assessments. In these , Pablo Pedrosa, Executive Secretary of Brazil’s Ministry of Mines and Energy, told O Globo, “We are not willing to make moves to disguise the costs and the risks.” Even global entities such as the International Finance Corporation (IFC), part of the World Bank Group, have experienced first-hand the financial, reputational and socio-environmental costs of inadequately evaluating large dam projects. In 2012, the IFC, through the Latin American Fund for Renewable Infrastructure, provided $15 million USD to fund the Santa Rita Dam, which was to be built on the Ictobay River in Alta Verapaz, Guatemala. At the end of last year, the entity’s ability mechanism concluded that the investment had breached the IFC’s operational policies. The project had failed to comply with the affected community’s right to free, prior and informed consent. Although IFC management denied the findings of its ability mechanism, the project has been suspended since 2013 and the indigenous communities of the area maintain their opposition to it. Brazil’s recent decision reinforces the global trend of moving away from large dams. Over the last several years in the United States, large dams have been removed to rescue rivers and the benefits they provide, like wild salmon runs on the Snake River in Washington State. Given this good start to the year, it will be essential to ensure the effective implementation of Brazil’s decision. And, following that example, perhaps other Andean-Amazonian countries will also move towards modernity, consider the real costs of large dams, and begin to promote better, cheaper energy alternatives that don’t sacrifice natural ecosystems and the communities that depend on them.
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Eight key themes for Colombia’s environmental agenda in 2018
For Colombia, 2017 was a year marked by debate on the right of communities to be consulted about decisions that affect their territories and ecosystems. We saw it through the organization of popular consultations and mobilizations that questioned mining and fracking projects and, in short, the continuity of extractivism. It was also evident in the decision of the Constitutional Court, the highest court in the country, to invalidate the delimitation of the Santurbán páramo, a water source for millions, because the government’s decision did not take into the population. On the other hand, Colombia ed the global debate on climate change and the need to promote a model of economic development free of fossil fuels. Now, in the face of the presidential elections and the implementation of the peace accord, environmental participation, territorial autonomy and fracking remain particularly important issues. What follows are eight topics key to Colombia’s environmental agenda in 2018: Environmental participation: Popular consultations, as an expression of empowered communities seeking to have a say on projects that will affect them, will continue holding a privileged place in public debate. Territorial autonomy: Although constitutionally recognized, the ability of departments and municipalities to govern themselves autonomously in various areas, including the environment, is not entirely defined. It remains to be answered: Who should decide? And about what can they decide? Indigenous authorities: Following on the heels of the above, the autonomy and decision-making ability of indigenous authorities in relation to environmental issues will give us much to discuss this year. Fracking: The key question is, faced with fracking’s expansion throughout the region, will Colombia adopt the position of social organizations on the application of the precautionary principle to avoid the health and environmental damages associated with fracking? Decarbonization: As an energy producer, will Colombia , the United Kingdom and Italy, nations that recently signed an alliance to close coal plants before 2030 and comply with the Paris climate agreement? La Niña: The strong winds and rains of the La Niña climate phenomenon will return to the country this year. Adequate measures to mitigate the risk will be fundamental, as will the application of lessons learned in 2010, when the phenomenon left hundreds dead and the loss of millions of pesos. Páramos: Following the decision of the Constitutional Court to invalidate the delimitation of the Santurbán páramo, this year promises to be full of controversies about the new delimitation of this important ecosystem. Also key will be the issue of community participation in the demarcation of the rest of Colombia’s páramos, a measure oriented to protect them against harmful projects like mining. Principle 10: The negotiation of a regional agreement on the access to information, to justice and to public participation on environmental issues, remains underway. The agreement seeks the application of Principle 10 of the Rio Declaration on Environment and Development, key to guaranteeing the right to a healthy and sustainable environment for present and future generations. At AIDA, and through the Network for Environmental Justice in Colombia, we will continue to promote solutions to the country’s environmental conflicts based on the effective application of national and international standards.
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Sea turtle populations show sign of a comeback
Before 2008, hawksbill turtles had virtually disappeared from the Eastern Pacific. But small-scale conservation efforts enabled their return to the shores of El Salvador and Nicaragua, where researchers found them again laying eggs and slowly beginning to rebuild their population. Sea turtles are migratory animals. They spend most of their lives at sea, nesting on the beaches of various countries along their route. Among the main threats to their health are unsustainable fishing practices (they often get trapped in fishing nets) and inadequately developed projects in marine and coastal areas. The appearance of these turtles on Central American beaches, among other such events, demonstrates the success of small-scale conservation efforts, and the need for them to continue. Signs of recovery According to the recent study, Global sea turtle conservation successes, over the last decade sea turtle hatcheries have helped some populations rebound after historic declines. That’s the case of olive ridley turtles in the northeast Indian Ocean and of green turtles in the South Central Atlantic. After years of implementation, the protection of beaches, the regulation of fishing, and the creation of marine protected areas have helped improve sea turtle populations in waters around the world, according to researchers. The study also shows that, with adequate protections, even small populations of sea turtles have a chance of survival. Researchers found, for example, that in the area of Hawaii called French Frigate Shoals, the population of nesting green sea turtles increased from around 200 in 1973 – when the Endangered Species Act was created – to upwards of 2,000 in 2012. Green turtles are now considered a species of “minor concern” by the International Union for the Conservation of Nature. Our contribution Sea turtle conservation, like that of other animals and plants, requires that organizations, communities, and governments work together. Such collaboration is a main tenant of AIDA’s work. In 1998, we organized a campaign to get the signatures needed for the negotiation of an international treaty to promote the protection, conservation and recovery of sea turtle populations. We are currently working to ensure that governments who signed the treaty are operating in compliance with it. We also helped save green turtles in Costa Rica, and are currently working to protect the Veracruz Reef System in Mexico, in whose warm and shallow waters hundreds of hawksbill and Atlantic ridley turtles swim. Both species are at risk due to the expansion of the Port of Veracruz, a project that would cause serious damage to the expansive reef system. Much work remains Despite the impressive recovery of several species of turtle, there are others that remain in need of protection, as their numbers continue to decline worldwide. This is the case, according to the study, of both the leatherback turtle in the eastern and western Pacific and of the flatback turtle in Australia. A new beacon of hope for turtles can be found in the development, before the United Nations, of a treaty to protect the high seas, those international waters that belong to no country (but make up two-thirds of the world’s oceans). Sea turtles, sharks, whales and birds live in these waters or travel them as part of their migratory routes. Through our active role in the treaty’s development, we seek to create Marine Protected Areas to ensure the high seas remain a safe home for not just sea turtles, but for the many species of plants and animals that contribute to the health of the oceans and the global food supply.
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Celebrating 7 Advances to Close Out 2017
As the year comes to a close, we're happy to share with you several recent advances we've made in the name of environmental protection in Latin America. Each project we launch or case we win is a step toward a more just region, and a healthier planet for our children. Because of your , we: 1. Saved Colombia’s Largest Coastal Wetland We successfully petitioned Colombia to list the Ciénaga Grande de Santa Marta among the world's most at-risk wetlands, opening up the resources needed for its recovery. Learn More 2. Launched the Bolivian Environmental Justice Network We founded a coalition of environmental and human rights organizations in Bolivia to citizens’ efforts to defend the environment and those who depend on its health. 3. Campaigned to Protect Patagonia from Salmon Farms We petitioned Chile to investigate damage being done by salmon farm operations in Southern Patagonia, and launched a citizens’ campaign to raise awareness of the growing threat. Learn More 4. Secured Healthcare for Victims of Toxic Pollution We secured specialized medical care for residents of La Oroya, Peru, whose lives and health have long been affected by a heavy-polluting metal smelter that operates beside their homes. Learn More 5. Protected Sea Turtles on the High Seas We represented Latin American citizens and organizations in the development of a United Nations treaty to protect the shared parts of our ocean and the rich life within. Learn More 6. Stimulated Divestment from Mining in a Protected Wetland We convinced the World Bank to withdraw from a gold mine in the Santurbán páramo, a protected ecosystem and water source for millions of Colombians. Learn More 7. Advised Rural Town in the Lead-Up to a Mining Ban We provided legal advice and scientific analysis to the people of Cajamarca, Colombia, who then voted by a margin of 98% to ban all mining activities from their territory. Learn More
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Why I’m ing the fight for justice for Belo Monte’s victims
On April 1, 2011, the Inter-American Commission on Human Rights granted protective measures to the indigenous communities affected by a large dam in the heart of the Brazilian Amazon. It was then I first heard of Belo Monte. I was working as a human rights defender in my native country of Colombia. The Commission ordered the suspension of all permits and work related to the dam until the protection of indigenous rights was guaranteed. I clearly the excitement generated by the decision, followed swiftly by Brazil’s rejection of it and the imposition of their diplomatic power. Other governments of the region ed Brazil’s position with unusual solidarity, questioning the competence of the international organization to grant such measures in relation to “development” projects. Due to the overwhelming pressure, the Commission, for the first time in its history, modified its decision: it said Brazil must guarantee the life and integrity of affected populations, but that construction could continue. I’ve never understood the governments’ reaction in this case. The Commission had simply fulfilled its mandate: to avoid irreparable harm to the rights of a group of people. The project had not consulted affected indigenous communities, and lacked adequate social and environmental impact studies. It has gone on, as predicted, to cause serious damage to both the environment and human health and wellbeing. The indigenous and riverside communities, which have for generations cared for the Xingu River, have been left to deal with the impacts of a project that interrupted the flow of the river, irreversibly altering their way of life and means of subsistence. The hope continues More than six years have ed since the case was taken before the Commission, which, as an organ of the Organization of American States, is called to protect human rights on the continent. Over this time, Belo Monte has progressed as planned and the threats of social and ecological harm have become a reality. The dam has: caused the forced displacement of more than 40 thousand people, aggravating poverty and social conflict in the area; saturated the health, education, and public safety systems in Altamira, the nearest city; violated the right to adequate housing for thousands of families; and increased violence against human rights defenders. It caused and continues to cause damage to the Amazon rainforest, worsening climate change and its impacts. Despite the setbacks, the hope of achieving justice for affected people has grown over time as well. In September, I became the Senior Attorney for AIDA’s Human Rights and Environment Program. As such, I’m involved with our case before the Commission. I’m honored to have ed an organization that, in alliance with local organizations, has dedicated years to ensuring that the people of the Xingu get reparation for the damages they’ve suffered, and is working to create new standards for environmental and human rights protections in the region. In 2010, AIDA and our allies requested precautionary measures from the Commission. One year later, we filed a formal complaint against Brazil regarding the human rights violations related to Belo Monte. In December 2015, the Commission opened the case for processing. On October 31 of this year, the Commission gave new impetus to the litigation process against Brazil: it decided to unite two stages that, as a rule, are processed separately. In the first, the necessary aspects regarding issibility of the case are verified. In the second, a fundamental decision is made that analyzes whether a State failed to comply with the international obligations it undertook when g the American Convention on Human Rights. The petitioners must present the allegations of human rights violations, and the State their responses to them. The Commission will then issue a decision on the case’s issibility as well as its merit. Their recent exception will expedite the process of reaching that decision. We’re working for the Commission to issue recommendations to Brazil to repair the violations committed. If those recommendations are unfulfilled, the case may be referred to the Inter-American Court of Human Rights, which has the power to issue a ruling condemning Brazil and recommending reparation measures. Valuable lessons Belo Monte is, without a doubt, a lesson for the continent. The case shows that projects of this type are environmentally unviable and generate irreparable damage to human rights. Belo Monte also shows that States must rethink their energy models and turn their efforts toward promoting truly clean and sustainable energy. It’s a warning sign for financial institutions to avoid investing in projects with negative socio-environmental impacts. Finally, it’s an opportunity for the Inter-American Human Rights System to establish a valuable precedent that will hopefully help avoid a similar situation from happening again. On behalf of AIDA, I’m proud to be contributing to the fight for a healthy environment in this and many other cases. Our journey is just beginning.
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When nature is your best client
AIDA’s attorneys both hail from and live in Latin America, fostering a profound respect for the region’s natural environment and those who depend so intimately on it. They’re turning their knowledge into action, and working to protect communities and ecosystems vital to their national heritage. Uniting the environmental community in Bolivia Claudia believes in environmental justice. “If people are not guaranteed quality of life and an adequate natural environment, their basic human rights are being violated,” she said. This belief led her first to study law and then to work on behalf of civil society to promote the production of healthy, pesticide-free food. Small-scale agriculture, with less environmental impact and more community benefits, is what Claudia re best when she thinks of her childhood in Cochabamba, Bolivia. There were gardens behind every house. From a very young age, she grew berries and always had apples, figs, guava, and other fresh fruit on hand. But with urbanization, the valley where she grew up became a city, and buildings replaced the lush green landscape. “It was a complete shock to see these changes made in the name of progress.” Claudia knows that her contribution to a better world will come from environmental law, and that she will have a greater impact by reaching more people. That’s why she ed AIDA’s Freshwater Program, where she offers free legal to governments, communities, and local organizations. One of Claudia’s greatest achievements has been to successfully unite isolated efforts across Bolivia to confront common environmental problems. This year Claudia oversaw the formation of the Environmental Justice Network of Bolivia, a space for organizations and individuals to develop t strategies for environmental protection. As their first big event, the Network organized a two-day forum on how to achieve justice for damages caused by mining operations. “I’ve seen the ways that Bolivia’s indigenous peoples understand the world, and how they relate with Mother Earth. In cities, nature is seen as an object; for the indigenous, it’s the common house we must care for because it provides us with everything we have. I’ve made this vision my own.” Protecting coral reefs in Mexico Camilo’s first interaction with the ocean took place in Boca del Cielo, a remote beach on the coast of Chiapas, Mexico where a stream meets the sea. There, he played in the waves and ate seafood, saw his first sea turtle, and watched the monkeys and birds play in the tall mangroves. During his childhood in San Cristobal de la Casas, his father taught him to swim against the current in the Cascadas de Agua Azul, an important natural reserve. “My father loves nature and has always transmitted that feeling to my brothers and me,” said Camilo, who now lives with his son Emiliano en La Paz, Baja California Sur. Living in a coastal city has given him a newfound appreciation for the ocean and its vital connection to our land. Camilo applies this understanding to his work as an attorney with AIDA’s Marine and Coastal Protection Program. He is working, for example, to save the Veracruz Reef System, the largest coral ecosystem in the Gulf of Mexico, which serves as a natural barrier against storms and hurricanes and is a source of livelihood for fishing communities. The site is seriously threatened by the expansion of the Port of Veracruz. Camilo is working so that the Mexican government respects the international treaties it has signed, which obligate the preservation of the site and the biodiversity found within. Camilo re, when he studied law in Chiapas, exploring caves in his free time, to which local farmers guided him. “Being in touch with nature often leads you to small communities who care for and revere their connection with the natural world, values you quickly come to understand and share.” Seeking the rain in Brazil If anyone knows the value of the rain, it’s the people of Paraíba State in northeast Brazil, who have for years been hit by an extreme drought. There, according to official information, the number of cities without water nearly doubled between 2016 and 2017. “The drought has shaped our customs, our eating habits, and our culture,” says Marcella, who was born in the State’s capital city of João Pessoa. Now living in Recife, she is a fellow with AIDA’s Human Rights and the Environment Program. Through her role as an environmental and human rights attorney, Marcella seeks to soften the effects of the drought in Paraíba. The way she sees it, she’s helping to do so through her work on the case of the Belo Monte Dam. “Large dams are dirty energy, and they’re damaging the Amazon rainforest, a key ecosystem that regulates climate and helps ensure it rains not just in Brazil but around the world. By working on this case, I’m fighting for the existence of rain in my State,” she explained. Last June, Marcella paid her first visit to Altamira, the city closest to Belo Monte. She spoke with people whose way of life had been destroyed by the dam. “I met someone who used to fish, grow his own food, and sell what was left in the city; because of the dam, his island was flooded and he lost everything.” For Marcella, there is no better way to understand the severity of the impacts of these inadequately implemented projects than to listen to those affected by them. “It gives me a notion of reality. Helping to get justice for these people is an obligation for me. It’s the best I can do, using the tool I know best: the law.”
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The hidden mine that threatens Colombia’s water
For me, a living thing like water can never be replaced by a non-living thing like gold. Gold should never be worth more than the water that gives us life. While those who defend mining often argue for it by saying that all human activity causes impacts, that line of thinking fails to address the underlying problem. When will we start recycling instead of extracting new resources? When will we stop asg value to something as scarce but futile as gold? When will we treat the natural environments on which we depend with the respect they deserve? Taking these questions into is critical not just for Colombia, my home, but also for all Latin American nations. In September I learned of the latest threat to one of our most important natural ecosystems, the Santurbán páramo. For centuries it has stood high in the Andes, keeping watch over the water of millions of us Colombians. For the last decade, mining companies have overlooked its ecological importance and angled to exploit the páramo’s lands for mineral wealth. For years, we’ve worked successfully to stop them. Now an international corporation has submitted the Environmental Impact Assessment for a new underground mining venture there. Located in the municipalities of Suratá and California, in northern Colombia, the mine would involve an intricate system of tunnels at least 2,000 meters long, 900 meters wide and 780 meters deep (only slightly shorter than the tallest building in the world, in Dubai). It would be built in two sections—traversing two river basins and two different municipalities—united by two immense 5,800-meter tunnels (nearly the expanse of the Colombian city of Bucaramanga from north to south). Previous attempts at mining near Santurbán have been rejected due to the potential damage they would cause to this unique natural environment, which serves as a key water source, a carbon sink, and shelters many endemic species of plants and animals. The risks of the project, examined The Company claims the new project will be different—no permanent accumulation of debris, no hazardous substances, no toxic sludge, and no mass infrastructure development. If this sounds too good to be true, that’s because it probably is. Could their venture really be different than the mega-mines that came before, or is it just dressed up that way? Let’s see: The company says the project’s only dump will be located near the mine and the waste will be dry. But dry waste in one site would require perpetual maintenance of the drainage network and other factors that, after the mine closes, it’s likely neither the company nor the State will be able to control. They say the project’s design would involve retro-filling all mining tunnels. But the impacts of drilling on the direction and volume of groundwater are unpredictable. It would be impossible to guarantee that the quality and quantity of water in the subsoil is conserved. They say that because the mine is technically outside the Santurbán páramo, it won’t affect the sensitive ecosystem. But technicalities aside, the mine would be only tens of meters below the páramo. Because it is an underground mine located in crystalline rocks, drilling could cross the multiple fractures through which water is transported to rivers, ravines and soils. They say the project will not use mercury or cyanide to obtain gold and other metals. By selling and exporting those metals to other companies in the form of ready-to-process concentrates, the company hopes to lessen the socio-ecological cost of the activity. But while it’s true Colombia may be spared the negative effects of toxic chemicals, that cost might be transferred to other countries, where the processing will take place. As Colombians we must begin to acknowledge the external impacts of our extractive industries, and stop ignoring our nation’s ecological footprint. The responsibility for the damages caused outside our borders by the mining that is done in Colombia is not only that of the buyer, but also of the Colombian State. Large-scale damages It’s important to understand that a hidden mine is not necessarily a better mine. What is done under the ground, especially on such a large scale, can do extensive damage to a much wider area. It’s a reality we must be keenly aware of in one of the most biodiverse countries in the world. We must think about the impact the mine would have on the quality and quantity of groundwater in the area, and the risks we’re taking by not having an adequate buffer zone for the páramo. Hiding the trash under the carpet does not mean you’ve cleaned, not in of the economy and certainly not in of mining. The protection of Santurbán, and that of other freshwater sources in Latin America, is one of the pillars of AIDA’s work. We’re proud to continue standing alongside our allies in Colombia and fighting to maintain the health of Santurbán.
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