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Reflections for a Bolivia free of fracking
Text written as part of the series #TRANSFORMAR LA CRISIS, Tomo II. Crisis Ecológica, extractivismo y poblaciones vulnerables by the foundation Friedrich-Ebert-Stiftung (FES) in Bolivia, to be published soon. It all began with a study, published in 2011 by the U.S. Energy Information istration, reporting the existence of large quantities of unconventional hydrocarbons in Bolivia. The study created considerable expectations in the Andean Nation. Given the gradual depletion of conventional oil and gas deposits, fracking has since become a latent threat. Fracking is a risky, costly and highly polluting technique. As a region, Latin America is home to roughly seven thousand fracking wells. The technique’s advance—as well as related public policies, regulations and social opposition—has commonalities across the region, including its affects on protected areas and on urban, rural and indigenous populations. So far, Bolivia remains free from fracking. But without an intentional political decision to avoid it, and without a population better informed about its effects, fracking could soon become a reality here as well. The risks of fracking in Bolivia The implementation of fracking is a latent threat in Bolivia because of the nation’s significant dependence on fossil fuels. In 2013, the state-owned company YPFB signed a cooperative agreement with YPF Argentina to study the potential of unconventional hydrocarbons. It also asked the operating companies to extract samples from the Los Monos geological formation in the Chaco region. That same year, YPFB Chaco (a subsidiary of YPFB), with the of Halliburton, carried out a "mini-fracture" in the Ingre X-2 well, part of the Tupambi formation, in Chuquisaca. This operation would have allowed for the discovery of tight sand oil. Based on this discovery, YPFB Chaco had proposed to perform a complete fracture of the reservoir in 2014. It is unknown if this occurred because, in the years following, YPFB stopped generating public information on the project. In 2018, Canadian company CanCambria Energy Corp. signed a study agreement with YPFB, the prelude to an exploration/exploitation contract, to determine the unconventional gas potential at Miraflores, also in Chuquisaca. CanCambria's preliminary data points to the possible existence of a mega-field in the area, whose potential gas resources would be comparable to those of Argentina’s Vaca Muerta. The Canadian firm has prepared a proposal to extract gas by drilling 800 wells over 202 square kilometers in the Miraflores area, in the municipality of Macharetí. Miraflores is located in the Heroes del Chaco Municipal Protected Area and is part of the Yrenda Toba Tarijeño Aquifer System, which Bolivia shares with Paraguay and Argentina. The people living in Macharetí, including Guaraní indigenous communities, were shocked to receive news of the project. The alarm raised by the possibility of fracking in this territory led those who live there to learn about the consequences of the technique, particularly in relation to the use and contamination of immense quantities of water. As a direct result, Macharetí included in its autonomous statute the prohibition of fracking in its territory, intensifying the controversy over the technique’s development in the area. Between extreme energy and an energy transition In the face of this controversy over fracking, two paths lay before us: on the first, is the deepening of the extractivist model and the generation of highly polluting energy, with serious and irreversible negative impacts on Mother Earth and local populations; on the second, is a just and democratic energy transition, which implies the decommodification of energy, a change in the energy matrix, and a shift in the development paradigm. Bolivia, and Latin America as a region, need to profoundly transform the way energy is produced; the new system should be formed with a long-term vision and based on the respect for human rights and the protection of nature. The development of fracking, far from initiating any transition, goes against this trend because it continues to promote a polluting, risky and costly energy system. It is based on dependence on non-renewable energy sources with negative impacts on the territories, inequity and lack of citizen participation in the construction of energy policies. Instead, Bolivia must bet on a socially just, economically viable and ecologically sustainable energy transition. "Bolivia should not move towards the implementation of fracking in its territory because it represents one of the greatest risks to its ecosystems, resources and populations," says Jorge Campanini, researcher at the Center for Documentation and Information Bolivia (CEDIB). "It is urgent to generate solid policies that declare a moratorium or indefinite ban on this technique throughout the country". The experience of Latin American countries that have bet on fracking clearly demonstrates the economic, environmental and social impacts of this technique. In this context, many organizations, communities and peoples have organized to confront the threat. The ongoing Covid-19 pandemic forces us to reflect on the future of fossil fuels, and the need for a just energy transition. Instead of considering fracking as an easy way to create jobs in difficult times, we must confront the health, economic and climate crises together. It’s time to think of resilient recovery, and thus an energy system that is not based on fracking. One idea usually associated with transition is the change of the energy matrix, yet, while necessary, the rapid and effective de-fossilization of that matrix is not enough. The energy transition must be comprehensive and incorporate environmental, economic and social dimensions so that it is also just and democratic. That’s why it’s so important that governments address the issue with a systemic approach.
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People v. Shell: A step towards climate justice
On May 26, the District Court in The Hague, Netherlands, issued a landmark climate ruling. It ordered Anglo-Dutch oil company Shell—one of the world's leading fossil fuel producers and suppliers—to reduce its carbon dioxide (CO2) emissions by 45 percent by 2030, compared to 2019 levels. The decision came in response to a 2019 lawsuit filed by Friends of the Earth, along with six other organizations and more than 17 thousand Dutch citizens. Although Shell publicly committed in 2020 to achieving net-zero emissions by 2050, the Dutch court found that this pledge was not enough. According to the verdict, the multinational is responsible for not only its own CO2 emissions, but also those of its suppliers and customers, which together threaten the fragile planetary balance and the realization of human rights. The ruling determines, for the first time, that a company and its subsidiaries must align their policies with global CO2 emission reduction targets. It bases this obligation on the emission reduction targets of the Paris Agreement, adopted in 2015. Thus, those who litigated against Shell fulfilled their main objective, which was not to obtain financial compensation for damages caused, but to force the oil company to reduce its emissions in compliance with the Paris Agreement's goal of limiting the increase in global temperatures to 2°C compared to pre-industrial levels, and to continue efforts to reach 1.5°C. The Shell group has been aware for nearly 60 years of the risks of climate change, as demonstrated by a documentary they themselves produced in the 1990s. However, the multinational responsible for nine times more emissions than the whole of the Netherlands has never stopped investing in fossil fuels, intentionally favoring its economic interests at the expense of the environment, the climate and people. Check here the recording of the conversation we had with Niels Hazekamp, Senior Policy Adviserat Both Ends, one of the organizations that sued Shell, where explains the details of the litigation. A worldwide precedent The ruling is a major step forward in the use of judicial systems as tools to advance climate justice, and it demonstrates that society, as a whole, is more determined than ever to stop the negative impacts that powerful multinationals have on the environment, the climate and the enjoyment of fundamental human rights. Despite being litigated on European soil, the case represents a significant step towards global climate justice, offering an interesting opportunity for replication in Latin America and the world. The case not only opened the discussion on corporate climate responsibility, but was also a pioneer in incorporating the use of the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. The use of these instruments, which regulate multinational companies by requiring them to respect human rights, demonstrates their potential for global climate justice. The language of the verdict is based primarily on respect for human rights, thus opening the possibility of applying the same reasoning against other polluting companies, in accordance with the obligations set out in the above-mentioned instruments. More about the People v. Shell ruling Under the ruling, Shell must reduce Type 1 net emissions—those generated by its activities and those of its subsidiaries—and make a significant effort to reduce Type 2 and 3 net emissions—those generated by s of the oil and gas produced by the multinational. To for the net reduction of its emissions, the oil company cannot resort to any of the carbon capture or offsetting tools established under the Paris Agreement, which consist of capturing CO2 emissions from coal and gas-fired power plants and heavy industry, for deep subway storage or reuse. It is worth noting that, although there is no certainty about the exact nature of the climate impacts caused by Shell, the judges highlighted the universally recognized risks to communities and ecosystems related to industrial pollution, and the company's financial priorities, to their ruling. Primary doubts and concerns The primary doubts regarding this ruling have to do with its implementation. Although the court established that Shell may not use offsetting or absorption systems for its emissions, it does not oblige it to end the exploration, extraction and exploitation of fossil fuels. Furthermore, the subjectivity of the ruling does not allow for the identification of exactly what kind of effort could be considered significant for the reduction of emissions by the oil company's customers. Nor is there clarity regarding the responsibility of the Shell group for the sale of its refineries to other public companies in the Global South, which would allow the multinational to comply in part with emissions reductions, while the refineries continue to operate in some of the most vulnerable places on the planet. In addition to the use of the Paris Agreement, which assisted the judges in ruling in favor of the climate in this case, the litigation opened the door to the use of existing soft law instruments such as the UN Guiding Principles on Business and Human Rights, or others that are expected to be legally binding to regulate the activities of transnational corporations and other business enterprises. Likewise, considering the difficulty and possible manipulation in counting emissions, new avenues are opening up to establish specific obligations on polluting actors. As recommended by several civil society organizations, basing corporate emission reductions on the measurement of barrels of oil, cubic meters of gas and tons of carbon would be easier and more useful for the implementation of successful judgments such as this one. Finally, there are concerns about the rights of Shell workers, which could be negatively affected by the ruling. The drastic reduction that Shell will have to apply to its oil and gas activities must be framed in a fair and inclusive transition process, which includes respecting labor rights and transforming its activities by making them more sustainable. The case of People v. Shell has opened up valuable tools for a global shift towards climate justice and holding companies able for their environmental and human rights harms. For those of active in climate litigation, the case demonstrates the need to strengthen the capacities of our teams, the importance of creativity and the use of science, the importance of ensuring that we have the time and resources to pursue landmark cases and, finally, the relevance of building alliances to build upon the current momentum of the global climate justice movement.
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"Defenders prevent us from entering into a situation of no return"
If you’re seeking to improve air quality in your city or working to halt a project that poses risks to the people and environment in your community, you are an environmental defender, although you probably haven't thought of it that way. Defenders are on the front lines of the battle to protect the environment and human rights, challenging public and private interests. Many of them face great difficulties in doing so, suffering from serious rights violations like persecution, threats, the use of public force, legal sanctions and even assassination. According to Global Witness’ most recent report, 212 murders of environmental and territorial defenders were recorded in 2019. Latin America was the most affected region, with Colombia leading the list with 64 murders. Despite the fact that States have the obligation to protect, respect and guarantee the rights of those who defend the environment, violence against them is worsening. On April 22, Earth Day, the Escazú Agreement came into force. It is the first environmental treaty in Latin America and the Caribbean that values the work of environmental defenders and obliges States to protect them and punish actions that violate their rights. Marcella Ribeiro, a Brazilian attorney with AIDA's Human Rights and Environment Program discusses the reality of those who defend the environment in Latin America, and the leading role that governments should play in protecting them. What is the current situation of environmental defenders worldwide and particularly in Latin America? We are going through a moment of extreme vulnerability. At the beginning of the pandemic, and particularly in the countries that are home to the Amazon, media covered shifted to focus only on news related to COVID-19. In this context, defenders were increasingly threatened and some were even killed without any public repercussions. In what way did the pandemic exacerbate their vulnerability? I am going to speak from the perspective of Brazil, where I am located. Environmental human rights defenders have had to defend themselves against both the state and companies that seek to enter their territories and implement a vision of development that is not in line with the vision of the communities themselves. Why is it important to protect the people who defend the environment? Because they are the first force there is for the defense of territory, nature and human rights, not from an individual perspective, but from a collective one. What they do is protect all of us, our rights, our air and our water, even our food security. Defenders prevent our planet from entering into a situation of no return: once the forest is cut down or the river is polluted, there will be no way to recover those ecosystems. With the entry into force of the Escazú Agreement, how does the situation of these people change and how can they be guaranteed access to justice? The Escazú Agreement is the first international legal framework focused entirely on defenders that seeks to ensure that justice and guarantee their rights. Not all Latin American countries have ratified it. This agreement complements and s efforts to protect them, but for it to be effective we need countries to truly integrate these responsibilities into their national systems so that defenders can use it to their advantage. Political will is vital to protect those who defend the environment, how do you assess progress in this regard? It is evident that environmental defenders in Latin America are being increasingly threatened, even murdered. As this issue gains visibility, I believe that we are seeing a change and an increase in concern from States, even if it is not entirely genuine. While it is difficult to believe in the political, autonomous and altruistic will of Latin American governments, I do believe that the visibility achieved by the Inter-American Human Rights System, the United Nations and NGOs working to document and link the motivations behind these murders gives us a collective strength. Megaprojects should be implemented with a human rights-based development, but what happens when a State opposes the will of people or communities to reject them? Often in Latin America, States decide that a project is going to be implemented regardless of community resistance, or environmental risks related to the project. That is not connected to development, but to corruption. Promoting projects that we know are going negatively impact thousands of people is directly connection to corruption. We need stronger links between those of us working on human rights and environmental issues and those investigating corruption, in order to try to break those links before they are implemented. Given their work for the common good of all humanity and the increasing violence defenders face, AIDA has developed a guide that explains the obligations States have regarding the protection of environmental defenders. Read more here!
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International pressure to stop the advance of fracking in Colombia
Many Latin American governments continue to promote extractive activities—including the exploration and exploitation of unconventional hydrocarbons through fracking, or hydraulic fracturing—as a means of economic revitalization in the face of the crisis caused by the COVID-19 pandemic. This trend contradicts the international commitments adopted by these countries to reduce emissions and mitigate the global climate crisis. A United Nations report, to be released this month, is expected to state that reducing methane emissions will be critical to avoid the most extreme effects of global warming. The report is based on recent data showing that carbon dioxide and methane levels in the atmosphere reached record highs last year, despite the pandemic bringing much of the global economy to a halt. This information complements scientific evidence that methane emissions from oil and gas production—one of its major human-related sources—may be higher than previous estimates. This increase has been associated with the leakage and flaring of methane from fracking operations. Although methane is an extremely potent greenhouse gas, it has a relatively short life cycle in the atmosphere, meaning that reducing its emissions could help the world meet our climate goals more quickly. Colombia is an example of how the push for fracking contradicts the urgent need to combat the climate crisis and its damages. Although it is not legal to carry out fracking operations in the country because its regulation is temporarily suspended, the government has not stopped the development of pilot projects of this technique and continues to anchor its energy policy on hydrocarbons. At the same time, there is a national and international push to stop the advance of fracking in Colombia. While the Council of State makes a final decision on the regulation, two legislative initiatives are underway: one that seeks to prohibit the implementation of fracking nationwide, and another that would prohibit the exploration and/or exploitation of unconventional hydrocarbons by any technique. In the framework of the parliamentary treatment of both bills, which are expected to be unified, authorities from the United Nations and the Inter-American Commission on Human Rights (IACHR) participated in public hearings, in which they called on Congress to approve the legislation that would allow Colombia to move toward a fair and low-emission energy transition. The case for protecting people and the climate In his intervention, David Boyd, UN Special Rapporteur on human rights and the environment, referred to the climate crisis as "serious and unprecedented", highlighting that its impacts on human rights "disproportionately affect poor, vulnerable and marginalized people." In the same vein, Marcos Orellana, UN Special Rapporteur on Toxic Substances and Human Rights, expressed concern about "the Colombian State's intention to consider funding and ing fossil fuel fracking," considering its potential impact on human rights and sustainability. He emphasized, "new investments in fracking are incompatible with the protection of human rights." For his part, Renato Zerbini, chairman of the Committee on Economic, Social and Cultural Rights—a body, composed of 18 independent experts, that monitors the implementation of the International Covenant on Economic, Social and Cultural Rights by its State parties—stressed that hydraulic fracturing "is closely related to multiple and ongoing human rights violations, as it causes irreversible environmental impacts and severe social affectations." Thus, the use of the technique violates the rights guaranteed by the Covenant, to which Colombia is a party, Zerbini pointed out. In general, the extractive industry "increases the risk for environmental defenders, territorial occupation and the impact on the rights of the communities surrounding the projects," added Soledad García Muñoz, the IACHR’s Special Rapporteur on Economic, Social, Cultural and Environmental Rights. In sum, the representatives of the international organizations reported on the unfeasibility of fracking in climatic, social and even economic : "When the real costs of fracking are taken into , it becomes evident that these far exceed the alleged economic gains," emphasized Orellana. They referred to the international obligations of the Colombian State in of human rights and climate change, contained in various instruments. Among those, they cited Advisory Opinion 23/17 on human rights and environment of the Inter-American Court of Human Rights; General Comment 36 on the right to life, contemplated in the International Covenant on Civil and Political Rights; as well as the t Declaration on Human Rights and Climate Change that five human rights bodies issued in 2019. The statement expresses that "failure to take measures to prevent foreseeable harm to human rights caused by climate change, or to regulate activities that contribute to such harm, could constitute a violation of States' human rights obligations." The common recommendation: ban fracking At the conclusion of their interventions, the international authorities expressed their for a law banning fracking throughout the Colombian national territory: David Boyd argued,"to address the climate crisis, Colombia must urgently pursue a low-carbon, climate-resilient future, replacing fossil fuels with renewable energy in light of its obligations under constitutional law, international human rights law and the right to a healthy environment." He concluded, "the government of Colombia must a law to ban fracking." Marcos Orellana pointed out that "the Congress of the Republic of Colombia has the opportunity to raise its gaze towards the future and preserve the legacy of its megabiodiversity." In that sense, he pointed out, "the protection of the right to live in a toxic-free environment inspires my respectful call for Congress to adopt a law banning fracking." Soledad Muñoz said that "the approval of a bill whose purpose would be to put an end to the exploration and exploitation of unconventional oilfields, prohibiting practices such as fracking, would represent a valuable measure of environmental protection, the reduction of socio-environmental conflicts and compliance with the commitments emanating from the Paris Agreement and the Inter-American (Human Rights) System itself." Continuing to base local economies on the extractive industry and promoting fracking only increases the dependence of our societies on fossil fuels, deepening the causes of the climate crisis and the damage it does to the most vulnerable among us.
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Human Rights Council addresses the water crisis and environmental defenders protection
The 46th session of the United Nations Human Rights Council is the first to be held entirely online, due to the COVID-19 pandemic. It runs until March 23. The virtual format of this HRC session enabled AIDA to make our first participation ever in the HRC and the discussions on two of the topics that are at the core of its human rights work: the right to a healthy environment and the protection of environmental human rights defenders. On 03 March, the Special Rapporteur on Human Rights and the Environment, David Boyd, presented his report “Human Rights and the Global Water Crisis” to the Human Rights Council. In it, Boyd highlighted the severe impacts of water pollution, water scarcity and water-related disasters on the rights to life, health, education, food, development and the right to a healthy environment. He also emphasized that climate change is a risk-multiplier, exacerbating water-related human rights issues. The Special Rapporteur called on States to incorporate a rights-based approach in both their climate strategies and water plans. Finally, Boyd reiterated his call for the Human Rights Council to the initiative for a resolution to recognize that everyone everywhere has the right to live in a safe, clean, healthy and sustainable environment. In the Interactive Dialogue that followed Boyd’s presentation, AIDA Attorney Rosa Peña denounced the negative impacts of mega-dams, coal mining and fracking on human rights and water access in Latin America. She noted that these projects not only threaten the human rights of local communities but also exacerbate the climate crisis. She called the attention of the Special Rapporteur to the communities affected by the Belo Monte mega-dam in the Brazilian Amazon. Currently, implementation of the so-called ‘Consensus Hydrogram’ in the Xingu River threatens the lives of local communities, pollutes the water, dries up the river and causes food insecurity and severe biodiversity loss. On March 4, it was the turn of the Special Rapporteur on Human Rights Defenders, Mary Lawlor, to engage in an Interactive Dialogue on ”Final warning: death threats and killings of human rights defenders” She concluded that lack of political will is one of the reasons why various States fail in their moral and legal obligation to protect Human Rights Defenders, and therefore called for more effective responses to the threats against them. Representing AIDA in the Interactive Dialogue, Attorney Marcella Torres highlighted that Latin America is the most dangerous region in the world for environmental human rights defenders and urged all States to actively protect them. She turned the spotlight on the situation of environmental defenders in Brazil, Guatemala and Colombia, where the invasion of indigenous lands, mega-dams and fracking are closely related to the increase in violence against defenders. She concluded by reminding States that the protection of environmental defenders should promote the recognition of the right to a healthy environment, and provide guarantees so that all people are free to exercise their right to defend human rights. See AIDA’s contributions in the Interactive Dialogues in full:
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Legal resistance to the expansion of salmon farming in Chile
By Claudia Arancibia (AIDA), Victoria Belemmi (FIMA) y Estefanía González (Greenpeace Chile) In the Magallanes Region of Southern Patagonia, one of Chile’s most pristine natural areas, the indigenous communities who have lived amongst these awe-inspiring fjords and channels for six thousand years are now fighting to project them. A coalition of Kawésqar communities – organized as Kawésqar Atap, As Wal Lajep, Grupos Familiares Nómades del Mar, Residentes Río Primero e Inés Caro – are defending their land and seas from the expansion of the salmon industry into their ancestral territory. In February, they won an important legal victory. Chile’s Supreme Court ruled in their favor, repealing an environmental permit that had authorized the construction of a salmon farm in Lake Balmaceda, citing the project’s failure to consider the observations of local communities. The ruling overturns a 2018 decision of the Third Environment Court that had rejected the communities’ claims. This case sets an important precedent—the nation’s highest court recognized the value of indigenous participation in the environmental evaluation process of projects that could affect ancestral territories. It also reaffirmed the State's obligation to respect the indigenous consultation process and to comply with the provisions of national environmental law and Convention 169 of the International Labor Organization, ratified by Chile. The Supreme Court's ruling represents progress toward understanding that the participation of indigenous, local and traditional communities—in addition to being a right—is a valuable input for decision-making. In November 2020, another important legal development acknowledged the damages caused by these salmon farming operations. The Third Environmental Court recognized that the lack of oxygen in the waters of Chilean Patagonia is directly related to the operation of salmon farms. Despite being informed of the situation, the Environmental Superintendent had previously ignored the causal relationship between salmon farming and environmental damages, arguing that, often, the decrease of oxygen was due to natural causes such as marine currents, the geography of the area, or climate change. The Court’s ruling also constitutes a key precedent, as it associates industrial salmon production with the dangerous percentage of areas with low oxygen levels in the seas of Chilean Patagonia. Known as anaerobism, this condition is caused by the large amount of organic matter (uneaten food and feces) that the salmon industry discharges into the sea, inadequate handling of dead fish, and the amount of farmed fish per square meter, which exceeds the carrying capacity of the waters. What about sanctions? Despite the progress described above, Chilean authorities still face serious problems in adequately controlling salmon farming and preventing the damages the industry’s expansion is causing. It’s clear that the sanctions imposed on offending companies have not been sufficiently exemplary or dissuasive. In spite of multiple sanctioning procedures against several companies, no efforts have been made to improve sanitary and environmental standards, neither of which is considered by the environmental authorities when granting operating permits. For a revelatory case study, we need look no farther than a Magallanes scandal known as “Salmon Leaks.” In 2019, a journalistic investigation uncovered that the company Nova Austral was hiding the amount of fish that died daily in their farms in the Alberto de Agostini National Park. A subsequent report revealed that the company also adulterated the seabed with heavy machinery (until it was basically dead), in order to hide its anaerobic condition and obtain permission to continue farming salmon in biologically deteriorated marine areas. In response, the Court of Appeals of Punta Arenas sanctioned the company with the maximum fine and the suspension of a productive cycle. In 2020, the State Defense Council sued the company for possible fraud because it was collecting tax benefits under the Navarino Law in breach of its obligation to "make rational use of the natural resources of the Magallanes region, preserving nature and the environment." Then, General Treasury of the Republic withheld four payments covering up to four months of subsidies under the law. Despite the multiple scandals and sanctions imposed, the company continues to the "sustainability" of its salmon. The future of the Kawésqar Reserve Now, Nova Austral is seeking to relocate four of its aquaculture concessions to Kawésqar National Reserve, with prior approval from the Environmental Evaluation Service. Six other projects are currently undergoing environmental evaluation for the same purpose. This is alarming for many reasons, but principal among them is the fact that the Reserve lacks an adequate management plan to safeguard its conservation objectives. This leaves the area exposed potentially serious impacts to its natural wealth and the ancestral rights of the Kawésqar indigenous communities. It’s urgent that the Reserve’s management plan prohibits salmon farming within its boundaries, due to the outright incompatibility of salmon farming with the reserve’s objectives. We have much to learn from the Kawésqar communities, who reaffirm the protection of the seas of the Patagonian archipelago as the basis for protecting their worldview, their cultural identity and their way of life. What will it take for the rest of the country to defend the Patagonian seas as a natural treasure vital not just for Chile, but for the world?
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Mexico’s climate commitments lack ambition
Nationally Determined Contributions (NDC) are the mechanism through which the countries that signed the Paris Agreement contribute to the fulfillment of the global pact's objective: to keep the increase in the planet's average temperature below 2°C. Each country's NDC outlines its national mitigation and adaptation commitments in the face of the climate crisis, including emission reduction efforts. The Paris Agreement stipulates that these commitments must be communicated to the United Nations Framework Convention on Climate Change (UNFCCC) every five years and that each successive NDC must represent a progression from the previous one, reflecting the highest possible ambition (Article 3). In addition, NDCs must contain sufficient information on clear, transparent and understandable targets (Article 8, paragraph 8). And, in the case of Mexico, the General Law on Climate Change (LGCC) considers the NDC as one of the planning instruments of the National Climate Change Policy (Article 58) and establishes that it must observe, among others, the principle of progressivity, which implies that the established goals must be progressive and gradual over time (Article 26, section XIII). In its most recent update, Mexico's NDC does not comply with the level of ambition required by the Paris Agreement and the LGCC. Ambition in the spotlight The Mexican State presented its first NDC in 2015. In it, the government made an unconditional commitment—through its own resources—to a 22 percent reduction in greenhouse gas emissions, and a 51 percent reduction in black carbon emissions, by 2030. Last December, Mexico presented its updated NDC, which should be more ambitious than the previous one. However, the new instrument merely reiterates the mitigation commitments made in 2015. Moreover, the Business As Usual (BAU) scenario—a tentative scenario in which there are no mitigation policies and which serves as a baseline for climate actions—was adjusted upwards with a higher total level of emissions by 2030 than indicated in the first NDC. This, according to the Climate Action Tracker (CAT), an independent scientific analysis that tracks governments’ climate action and compares it to what was agreed globally in the Paris Agreement. The CAT analysis states, "Because the NDC is based on a percentage reduction below BAU projections, a higher level of emissions in 2030 effectively reduces the country's mitigation ambition, even if the reduction targets remain unchanged." Due to its lack of ambition, Mexico's updated NDC was rated as "highly insufficient" in the CAT ranking. This means that the commitments adopted by the country "are not at all consistent with keeping [global] warming below 2°C [...]," being instead "consistent with warming levels of between 3°C and 4°C.” International agencies such as the United Nations Environment Programme (UNEP) and the European Commission have emphasized the need for Mexico to increase its mitigation ambition, especially in the energy sector, which contributes most to the climate crisis and where the greatest emissions reduction opportunities exist in the short and long term. But Mexico's recent NDC does not set out specific actions in key economic sectors to achieve the endorsed targets, although it does state that these will be developed in an NDC implementation roap to be presented in the next Biennial Update Report. In this sense, the instrument lacks sufficient information to have clear, transparent and understandable targets. Regarding the adaptation component, Mexico's updated NDC includes nature-based climate solutions. However, the inclusion of such actions is not sufficient to have the level of ambition required to address the climate crisis and meet the objective of the Paris Agreement. A violation of the principle of progressivity In light of the facts, the updating of Mexico's climate commitments fails to meet the level of ambition required by the Paris Agreement and with this the Mexican State also disregards the principle of progressivity established in the LGCC since the targets set do not represent a progression and gradualness with respect to the first NDC. Other countries in the region—including Argentina, Colombia, Costa Rica and Chile—have updated their NDCs, demonstrating increased climate ambition. Although they include measures that could be improved, their actions demonstrate a willingness to make further progress in of their contribution to global climate action. In this context, the Mexican State is leaving behind the progress and leadership it had years ago on climate issues. Its lack of ambition demonstrates indifference to the climate crisis and its impacts on the human rights of the most vulnerable populations. Mexico must assume its responsibility, one that comes from being on the list of the 20 largest emitters in the world. It must adopt mitigation and adaptation commitments compatible with the global goal of preventing global warming from reaching a point of catastrophic consequences.
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What you should know about deep-sea mining
Deep-sea mining consists of the exploitation of mineral deposits located deeper than 200 meters in the ocean. Although interest in the technique dates back to 1960, initial ideas were never implemented due to factors such as low metal prices, relatively easy access to raw materials in the countries of the Global South, multiple technical difficulties, and legal uncertainty. On the ocean floor, there are three types of resources of great economic interest: polymetallic nodules, ferromagnesian crusts, and seafloor massive sulfides generated by hydrothermal vents. Currently, interest in these resources has regained strength due to geopolitical changes and greater demand from the non-conventional renewable energy sector. To date, 30 mining exploration contracts have been confirmed in the Pacific, Atlantic, and Indian oceans involving 21 contractors from around the world among companies, government authorities, and science and technology institutes. Unfortunately, we know very little about the ecosystems on the ocean floor and the real impacts of this type of mining. Some scientists believe that the recovery of the habitat would take decades to centuries and that, in some cases, the damage could be irreversible since certain environments are unique. Socio-ecological impacts Although ocean mining could stimulate the economy, the social impacts it entails must be emphasized, especially for the most vulnerable local communities, which depend on natural resources for their livelihoods. Ocean mining has been associated with dilemmas such as foreign interference, cultural disruption, unequal distribution of wealth, loss of access to natural hunting grounds, and alterations in the distribution and migration of species, which would generate variations in the quantity and quality of fishing. Ecological impacts include, among others: an increase of particulate matter in the water, greater mortality of organisms, habitat destruction, the risk of encountering unknown bacteria and viruses in the oceans, the arrival of invasive species through extraction equipment, and the risk of accidental spills caused by the inputs used. The environmental management of this activity is also a concern. The agency in charge of regulating ocean mining is the International Seabed Authority (ISA), founded in 1994 by the United Nations Convention on the Law of the Sea. ISA has jurisdiction over the seabed and subsoil in international waters. It is currently developing a proposal for regulations for ocean mining, which has been faced with multiple challenges. The Deep Sea Conservation Coalition—an alliance of more than 80 organizations that has been operating since 2004 with the objective of protecting the deep sea—questioned whether the proposal establishes that the form of environmental monitoring should depend on ISA or on the contractors. As early as 2018, the coalition stated that independent scientific review and assessment is key to all environmental documents, especially Environmental Impact Assessments and Environmental Monitoring and Management Plans. It is pertinent to mention that, in addition to regulating mining in international waters, ISA is responsible for ensuring the ecological protection of the oceans from the potential harmful effects of activities developed or related to the seabed. The fact that those promoting the projects may carry out environmental monitoring implies the risk of environmental problems due to conflicts of interest. Looking ahead The ocean floor is the largest living area on our planet. There, ecosystems of splendid beauty exist, of which we know practically nothing, and which could suffer irreversible damage from deep-sea mining projects, scientists and conservationists have warned. Healthy oceans play an integral role in global climate regulation and are essential to ensuring food security and livelihoods for millions of people around the world. In addition, significant ignorance about how the deep ocean works make any attempt at Environmental Impact Assessment (EIA) and future projections difficult. In fact, on almost every new dive, new species are discovered. And much remains to be learned about the relationship between the ocean floor and the climate crisis, water acidification, and pressures from anthropogenic (human-induced) activities. Without adequate knowledge of species, ecosystems, ecological processes, and their connections, EIAs cannot be effective. The concept of the common heritage of mankind should be central to any proposal. Besides, it would be prudent to adopt legal protection measures such as the Precautionary Principle, as well as engage in prior exploration and research activities. With all this in mind, ISA has an immense responsibility before the planet and humanity. For the sake of a sustainable future and the natural legacy of future generations, ISA must ensure adequate protection of the oceans. Should deep-sea mining finally be permitted on the high seas, they must pay close attention to prevention and mitigation measures using a precautionary and adaptive approach, in collaboration with other international bodies.
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7 AIDA Advances of 2020
It was a year unlike any other. This new reality makes our victories and daily accomplishments all the more sweet. So we’re especially proud to report on the progress we've made toward a healthy environment and climate justice in Latin America. 1. Safeguarding the High Seas More than 99% of the global high seas—waters beyond national jurisdiction—are unprotected. To remedy this, over the past year we have led Latin American representation in the High Seas Alliance, collaborating with governments to negotiate an ambitious United Nations treaty to protect these waters and key migratory species of sharks, whales, turtles and tuna. The high seas are both essential to long-term ocean health and a critical carbon sink that helps mitigate climate change. 2. Influencing Divestment in the Amazon For nearly a decade we have worked to halt Brazil’s Belo Monte dam, which has displaced thousands of indigenous people and devastated hundreds of rare species. This year, our testimony led the Norwegian Pension Fund, the world's largest state-owned fund, to exclude one of the dam’s main financers, Eletrobras, from its portfolio because of environmental and human rights violations caused by the dam. This is a notable step toward justice for affected communities. 3. Defending Páramos from Mining We continued to protect páramos in Colombia and Ecuador from mining. These biodiverse, high-altitude forests and wetlands are critical carbon sinks that also provide fresh water for millions of people and habitat for endangered species. Our team contributed legal and technical expertise, and, in the case of Santurbán in Colombia, helped build capacity among local attorneys who are now leading the lawsuit to protect this páramo. 4. Protecting Environmental Defenders Latin America is the most dangerous region in the world for environmental defenders. This year, AIDA brought together more than 70 prominent environment defenders from 14 countries across Latin America to share current information about risks and effective strategies for defense. Participants discussed their challenges, identified gaps in knowledge, and developed new approaches for protecting themselves and their territories. 5. Halting Extractive Energy Development Our ongoing legal and technical expertise was critical to halting fossil fuel expansion. We continued litigation to uphold the moratorium on fracking and, helped prevent further coal mining expansion in Colombia, ed communities in Chile affected by coal power plants, and led efforts to hold International Financial Institutions able for funding harmful hydropower Guatemala and Colombia. This work is key to promoting the just transition toward truly clean energy. 6. Preserving Marine Biodiversity in Patagonia The Chilean Magallanes region is home to some of the largest whales and dolphins and one of the most pristine areas on our planet. The greatest environmental threat for this region is the salmon farming industry. Building on our past work, we used the law to halt expanded salmon farming and expose the harms the industry brings. Our work closed one salmon farm and set a precedent for the closure of seven others, all of which are under review by Chilean courts. 7. Strengthening Indigenous Land Management in Colombia In coalition with four indigenous communities of the Sierra Nevada de Santa Marta, we continued protecting their lands from illegal mining. Facing hundreds of proposed projects, we helped implement legal strategies demanding a new territorial management plan that recognizes the traditional governing authority of the indigenous. We also helped strengthen community capacity through workshops on environmental protection.
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Five years after the Paris Agreement, climate justice is more urgent than ever
On December 12, 2015, the Paris Agreement was reached. Five years later, its effective implementation is more important than ever. One of the agreement’s most significant advances was to reiterate that States must, "when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity.” This aspect is one of the outstanding issues, and also one of the great opportunities, of the Paris Agreement. In 2015, I had the privilege of participating in the twenty-first Conference of the Parties (COP21) to the United Nations Framework Convention on Climate Change, where the agreement was adopted. Thanks to the live broadcast, I saw the last hammer blow of this historic summit on my phone while on the train to the airport. I traded celebratory hugs with dozens of colleagues for arriving a day earlier to celebrate with my family. It was worth it. After all, my contribution had concluded a few hours earlier. Over the five years prior, and with full intensity during the COP21, I reviewed drafts, and spoke with missions and colleagues about how crucial it was to include human rights in the climate agreement. My priority—shared by colleagues from organizations, some government representatives and international entities—was to ensure a strong agreement, including the obligation to consider and respect human rights. For some people, this was an obstacle, even inappropriate, as they saw the climate crisis as a purely technical issue. Some delegations told me that human rights issues are another area entirely. We insisted on the point until we achieved it, not out of stubbornness (although there may have been some of that), but because in essence the climate crisis affects our rights, our lives and all of us. That’s why it is vital to put human rights at the center of climate action. Otherwise, these actions are incomplete. This is evidenced by the reality of the climate crisis, translated for example into the damages sustained by millions of people and communities by the hurricanes and storms that have, in recent months, devastated coastal areas in Nicaragua, Guatemala, Mexico and the Caribbean; the floods in South Asia; the droughts in northern Mexico; and the devastating fires in the Amazon, California and Australia. The most vulnerable people and communities who have contributed least to the crisis are disproportionately affected. It is therefore possible, and necessary, to find balance through a human rights approach. It’s necessary to hold States, companies and even some sectors of the population able. Responsibility with a sense of equity is one of the fundamental principles of human rights. In fact, the 2020 UN Emissions Gap Report concludes by saying, "Equity is central to addressing lifestyles. The emissions of the richest 1 per cent of the global population for more than twice the combined share of the poorest 50 per cent." Communities, movements and peoples around the world have demanded—even in court—effective climate action that respects their rights. This has been reiterated by the United Nations. But climate action is still largely considered a question of numbers, tons of emissions to be reduced and hectares to be conserved. People and communities, despite being the ones who live the consequences, remain on the periphery of this action. Ensuring a true human rights perspective would help raise ambition and the level of obligations and outcomes. It would also allow impacts to be considered in a comprehensive manner and, as the IPCC concluded, take into ancestral knowledge and social justice, which are central elements in finding effective solutions. Therein lies the opportunity that is being lost. The scientific community today confirms the widening gap between the current situation and where we should be in reducing emissions. According to the recent UN emissions gap report, emissions were reduced in the last year due to the suspension of activities caused by the pandemic, while in the previous year they had continued to increase. In fact, despite the pandemic, which is also linked to environmental degradation, countries in Latin America and the Caribbean, as in other regions, continue to rely mostly on fossil fuels, even for the economic recovery following the pandemic. This trend ignores the provisions of the Paris Agreement on the obligation of States to reduce emissions and implement effective measures while respecting human rights. It’s an element yet to be fulfilled, and a fundamental tool for States to increase their ambition and move towards the solutions that have as yet proven elusive. The five-year anniversary of this Agreement is a good time to it and to demand its implementation. If not, the most vulnerable communities will continue to suffer the consequences, and global inequalities will continue to deepen. Then, there will also be an increase in lawsuits and demands for a solution that the agreement itself incorporated. One element of leadership would be to put people and communities at the center of climate action. This is what I mean when I talk about climate justice, a great opportunity that many of us will continue to promote.
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