Publications
The challenges of deploying wind energy in Mexico. The case of the Isthmus of Tehuantepec
To combat climate change, low-carbon projects such as wind farms must be promoted. But despite the urgency for renewable energy, these projects must be carried out in a sustainable and equitable fashion. This article is an open call to Mexico and the world to improve planning and development practices for renewable energy projects, helping to guarantee the respect of the human rights of affected communities. The Mexican government has authorized the development of at least 14 wind power projects on the Isthmus of Tehuantepec in Oaxaca, one of the poorest states in the country with a more than 34% indigenous population. The projects are backed by international investors including the Inter-American Development Bank and benefiting from the Clean Development Mechanism (CDM) of the Kyoto Protocol. Even so, a number of projects have caused negative social and environmental impacts that outweigh the benefits, threatening the human rights of local indigenous communities, including the right to free, prior, and informed consent for projects affecting their lands and livelihoods. The reason for this problem is that the Mexican government has not developed effective rules or mechanisms to regulate these investments. Without them, private companies have had to negotiate directly with local communities. There are other factors aggravating the situation, too: Locals lack information: Residents of the Isthmus of Tehuantepec say they have not received comprehensive and timely information about the projects. Some residents said in recent public forums that they were not told about the potential environmental impacts of the projects, such as those now affecting the possibility to cultivate their lands. Threats and violence against locals opposing the projects: For more than two years, the Jijot and Zapoteca communities have raised complaints about their leaders receiving threats and attacks by paramilitary groups and state officials seeking to silence any opposition to the development of wind farms. Lack of free, prior and informed consent: In the rush to grant permits and istrative permissions to wind power developers, the Mexican government has not fulfilled its obligation to consult local indigenous communities as guaranteed by international law. Unreasonable of land leases: A number of wind developers have signed contracts with local communities that offer paltry payments for the use of their land. Locals have complained about the lack of a process for negotiating on fair and equal . Absence of comprehensive and community-wide benefits: Some wind projects lack a comprehensive environmental and social development plan, meaning that they only benefit a fraction of the population: mostly investors and the companies that will buy the energy. While some locals have leased their lands at reasonable prices, the payments haven’t brought the promised development. Environmental impacts: Some projects have caused extensive environmental damage, yet studies to identify, prevent, and alleviate these damages have never been carried out. Impacts include the burning of large swaths of pastureland (a cause of greenhouse gas emissions), mangrove deforestation, and the destruction of migratory bird habitats. To mitigate the social and environmental impacts and avoid the violation of human rights during the development of wind farms, the following actions are suggested: Create a protocol for wind power development that guarantees the respect for human rights. The protocol should be observed in all relevant public policies. And it must meet the following standards: include criteria and indicators to the fulfillment of all environmental and social conditions; incentivize economic growth in the region, particularly to the benefit of non-landowners; promote collaboration between private developers, state and local governments, and local communities. Guarantee that all stakeholders and affected communities receive timely, comprehensive and clear information on the projects. The communities have the right to free, prior, and informed consent, and this must be observed. Their decisions must be respected even if they oppose a wind farm. Stakeholders should also seek opportunities to benefit local communities, including through job creation and the of communal projects. Elaborate and implement a process for measuring the externalities of the projects, in which Mexico’s Federal Electricity and Hydrocarbons Regulator will evaluate sustainability based on independent assessments. If a development fails to benefit local communities, the wind farm must be prohibited from accessing the electricity grid to sell output. As representatives of civil societies working to protect the environment and affected communities, we want to raise awareness about the possible negative impacts of wind farms on communities and promote better practices. We will continue to help affected communities in search of justice and equity. About the authors: The Interamerican Association for Environmental Defense (AIDA) is a nonprofit environmental law organization that works across international borders to defend threatened ecosystems and the communities that depend on them. Its mission is to strengthen people's ability to guarantee their individual and collective right to a healthy environment through the development, implementation, and effective enforcement of national and international law. information: [email protected] The Mexican Environmental Law Center (CEMDA) is a nonpartisan civic organization that promotes environmental protection and the right to a healthy environment. Its work contributes to the effective implementation of legislation, improvement of public policies, and the strengthening of legality and the rule of law. Its objective is to achieve better social welfare conditions in harmony with nature. information: [email protected]
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Coral reefs in Costa Rica: Economic Value, Threats and International Legal Commitments to Protect Them (in Spanish)
The report (in Spanish), published with financial from Conservation International, aims to serve as a foundation for introducing specific legislation on protecting coral reefs in Costa Rica, and to their conservation in Latin America and the Caribbean, a crucial task. In the first section, the report highlights the useful richness of the reefs. They protect cities and communities from the coastal erosion caused by hurricanes and storms (reefs absorb up to 90% of the impact of the waves). They mitigate climate change. They provide abundant fishing and valuable data for medical research (corals have been recognized as potential sources of cancer-fighting medicine). Reefs attract tourism for recreation and their beauty. And they maintain other habitats wealthy in biopersity. Reefs are nurseries, homes and meal spots for countless creatures and supply tons of seafood for our consumption. The report is backed by figures. It quantifies the economic value of a reef at more than $1 million per hectare. That equates to about $582 million for all of Costa Rica’s coral reefs. The calculation of damages to these underwater resources, however, could push that value up tenfold or more if we consider the legal actions related to reefs in countries like Belize and the United States. The report highlights the urgency of creating a legal instrument in Costa Rica to protect coral reefs for the benefit of this and future generations. Read and the report (in Spanish)
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A Human Crisis: Climate Change and Human Rights in Latin America
This report shows that global climate change is already negatively affecting the enjoyment of human rights in the Americas and that present impacts will likely intensify in the future. The purpose of this report is not to provide an exhaustive list of all possible climate change consequences. Rather, we provide a summary of those impacts that are best ed by current evidence, most directly attributable to global climate change, and have the greatest potential to affect the human rights of people and vulnerable communities in Latin America. Read and the report
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Environmental Defense Guide
The purpose of this publication is to promote the use of the Inter-American System of Human Rights for addressing environmental degradation that causes human rights violations. Within this guide we provide the legal strategies and arguments necessary to use the System effectively and properly. Our goal with this publication and our work in general, is to strengthen people’s capacity to defend their individual and collective right to a healthy environment through the proper development, implementation and fulfillment of domestic and international law. With the publication and widespread distribution of the English-language edition of the Guide, we hope to significantly advance this goal. Read and the guide
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Large Dams in the Americas: Is the Cure Worse than the Disease?
"Large Dams in the Americas: Is the Cure Worse than the Disease?", analyses the problems with large dams from the perspective of human rights and international environmental law. Our objective is to promote a greater understanding of the situation, demonstrate the connection between the grave environmental impacts and human rights violations potentially caused by large dams, and to encourage a more comprehensive assessment and implementation of these projects. Through the analysis of five case studies representing different regions of Latin America, including México, Central America, the Andean region, Brazil and the Southern Cone, we describe how States and other actors are continuously causing serious impacts to the environment and ignoring multiple international laws and standards when implementing large dam projects. Among the most important impacts that this report covers, are, among others: the destruction of strategic ecosystems; the forced displacement of communities, particularly disadvantages ones such as indigenous, campesino and afro-descendent communities; the loss of food sources and livelihoods; the lack of public participation and access to information; and the contribution to and impacts from climate change. Read and the Executive summary (in English) Read the full report (in Spanish)
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La Oroya Cannot Wait
This publication is the product of a careful analysis of official environmental monitoring reports submitted for the Doe Run multi-metal smelter to the Peruvian Ministry of Energy and Mines between 1996 and 2001. By finally filling the void in public information about contamination levels in La Oroya, this work demonstrates that the right to access information is an essential pillar of citizen participation. Only with these type of facts in hand can civil society protect itself against the powerful interests of giant mining companies like Doe Run. The reader will come to understand the severe health problems and risks suffered by the local population and particulary the children in La Oroya. But the authors go beyond this. They suggest the implementation of corrective and preventive measures that will require the participation of not only the company but also the Peruvian State. These are actions that cannot be postponed if we are to guarantee the human right to health, improve quality of life, and permit development in Peru. The authors also provide a legal analysis of environmental protection in the minerals sector, and recommendations for making this system more effective. Above all, this publication is an invitation to take meaningful and timely steps toward solving the extraordinary environmental and human health problems in La Oroya. Read and the publication
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