Climate Change Gets Its Day in Court

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Opinion

Credit: Save the Children Vanuatu/Facebook

MONTEVIDEO, Uruguay, May 25 2023 (IPS) – As a matter of global justice, the climate crisis has rightfully made its way to the world’s highest court.

On 29 March 2023, the United Nations General Assembly (UNGA) unanimously adopted a resolution asking the International Court of Justice (ICJ) to issue an advisory opinion on the obligations of states on climate change. The initiative was led by the Pacific Island state of Vanuatu, one of several at risk of disappearing under rising sea levels. It was co-sponsored by 132 states and actively supported by networks of grassroots youth groups from the Pacific and around the world.

Civil society’s campaign

In 2019, a group of law students from the University of the South Pacific formed Pacific Islands Students Fighting Climate Change (PISFCC), a regional organisation with national chapters in Fiji, the Solomon Islands, Tonga and Vanuatu. PISFCC advocated with the Pacific Island Forum – the key regional body – to put the call for an ICJ opinion on its agenda. The government of Vanuatu announced it would seek this in September 2021, and Pacific civil society organisations (CSOs) formed an alliance – the Alliance for a Climate Justice Advisory Opinion – that has since grown to include CSOs and many others from around the world, including UN Special Rapporteurs and global experts.

The campaign made heavy use of social media, with people sharing their stories on the impacts of climate change and emphasising the importance of an ICJ opinion to help support calls for climate action, including climate litigation. It organised globally, sharing a toolkit used by activists around the world, and took to the streets locally. In Vanuatu, where it all started, children demonstrated in September 2022 to call attention to the impacts of climate change as their country’s single greatest development threat and express support for the call for an ICJ opinion.

In the run-up to the UNGA session that adopted the historic resolution, thousands of CSOs from around the world supported a letter calling for governments to back the vote.

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The ICJ’s role

The ICJ is made up of 15 judges elected by the UNGA and UN Security Council. It settles legal disputes between states and provides advisory opinions on legal questions referred to it by other parts of the UN system.

The questions posed to the ICJ aim to clarify the obligations of states under international law to protect the climate system and environment from human-induced greenhouse gas emissions. They also ask about the legal responsibilities of states that have caused significant environmental harm towards other states, particularly small islands, and towards current and future generations.

To provide its advisory opinion, the ICJ will have to interpret states’ obligations as outlined in the 1992 UN Framework Convention on Climate Change and the 2015 Paris Agreement as well as the Universal Declaration of Human Rights and a variety of international covenants and treaties. It may consider previous UNGA resolutions on climate change, such as the recent one recognising access to a clean, healthy and sustainable environment as a universal human right, and other resolutions by the UN Human Rights Council and reports by the Office of the UN High Commissioner of Human Rights and its independent human rights experts. It may also take into account decisions by UN treaty bodies and its own jurisprudence on climate and environmental matters.

Next steps

According to its statute, the ICJ can seek written statements from states or international organisations likely to have relevant information on the issue at hand. On 20 April, it communicated its decision to treat the UN and all its member states as ‘likely to be able to furnish information on the questions submitted to the Court’ and gave them six months to submit written statements, after which they will have three months to make written comments on statements made by other states or organisations.

Civil society doesn’t have any right to submit formal statements, so climate activists are urging as many people as possible to advocate towards their governments to make strong submissions that will lead to a progressive ICJ opinion. After submissions close, the ICJ is likely to take several months to deliberate, so its opinion may be expected at some point in 2024, likely towards the end of the year.

Advisory opinions aren’t binding. They don’t impose obligations on states. But they shape the global understanding of states’ obligations under international law and can motivate states to show their compliance with rising standards. An ICJ opinion could positively influence climate negotiations, pushing forward long-delayed initiatives on funding for loss and damage. It could encourage states to make more ambitious pledges to cut greenhouse gas emissions. It might also help raise awareness of the particular risks faced by small island states and provide arguments in favour of stronger climate action, helping climate advocates gain ground within governments.

A progressive advisory opinion could also help support domestic climate litigation: research shows that domestic courts are increasingly inclined to cite ICJ opinions and other sources of international law, including when it comes to determining climate issues.

The risk can’t be ruled out of a disappointing ICJ opinion merely reiterating the content of existing climate treaties without making any progress on states’ obligations. But climate activists find reasons to expect much more: many see this as a unique opportunity, brought about by their own persistent efforts, to advance climate justice and push for action that meets the scale of the crisis.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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“Defending Human Rights Is a Crime in Some Countries and a Deadly Activity in Others”

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An activist in Colombia, the deadliest country in the world for human rights defenders in 2022, accounting for 186 killings – or 46% – of the global total registered last year. Credit: Sebastian Barros

By Bibbi Abruzzini and Clarisse Sih, Forus
BRUSSELS, Apr 27 2023 (IPS)

In today’s world, human rights defenders face immense challenges, with threats, attacks, and repression being rampant in many countries. According to the latest report by Front Line Defenders, killings of rights defenders increased in 2022, with a total of 401 deaths across 26 different countries. Despite the adoption of the UN Declaration on Human Rights Defenders 25 years ago, the threats faced by defenders persist globally.

One striking example of the dire situation is in Bolivia, where violations of freedoms of expression, association, peaceful assembly, and the right to defend rights have been recorded by the Observatory of Rights Defenders of UNITAS, with the Permanent Assembly of Human Rights of Bolivia (APDHB) being a longstanding victim of attacks and delegitimization. A total of 725 violations of the freedoms of expression, association and peaceful assembly, democratic institutions and the right to defend rights have been recorded by the Observatory of Rights Defenders.

Gladys Sandova, a human rights and environmental defender in the Tariquía Flora and Fauna National Reserve in Bolivia, reveals how the state often aligns with oil businesses instead of protecting communities. “Tariquía is the lung of Tarija,” Gladys explains, yet this vital source of water for southern Bolivia and home to over 3,000 people, is at risk due to the state-owned Yacimientos Petrolíferos Fiscales Bolivianos (YPFB) seeking to revive oil exploration in the reserve.

“Oil companies are here, we are going to lose our natural richness, they are going to affect the lives of families, and contaminate our water and our air,” says Gladys, reflecting the urgent need to defend human rights and the environment.

Her story is similar to that of several other human rights defenders across the globe : they are victims of hostilities, interference, threats, and harassment. The campaign, ReImagina La Defensa de Derechos, by UNITAS collects the testimonies of human rights defenders and indigenous leaders across Bolivia raising awareness about the challenges they face.

Stories from human rights defenders from across the globe are also featured in the #AlternativeNarratives campaign, which seeks to amplify the voices of civil society organizations and grassroots movements that work towards social justice, human rights, and sustainable development. The campaign encourages the use of storytelling, multimedia tools, and creative expression to highlight alternative perspectives, challenge stereotypes, and advocate for positive chang while fostering a more inclusive and equitable narrative space that reflects the diversity of human experiences and promotes solidarity, empathy, and mutual understanding.

Human rights defenders, including women defenders, continue to mobilize against repressive regimes and occupying forces in countries like Afghanistan, the DRC, El Salvador, Iran, Myanmar, Sudan, and Ukraine. Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders, highlights the underreporting of human rights violations against defenders, particularly women, and outlines “disturbing trends” in relation to civic space worldwide.

Repongac, representing over 1,200 NGOs in Central Africa, states that “human rights in Central Africa are no longer guaranteed,” with civil society actors, journalists, and defenders facing repression, prosecution, and arrests. Recent campaigns organized by Repongac in Central Africa and Repaoc in West Africa, supported by Forus and the French Development Agency, brought together diverse stakeholders, including human rights defenders, political parties, parliamentarians, journalists, and security personnel, to initiate a dialogue and protect civic space amnd fundametnal freedoms in the region.

To support activists and defenders globally, the Danish Institute for Human Rights has launched a monitoring tool that assesses whether an enabling environment for human rights defenders exists across five critical areas. Developed in collaboration with 24 institutions and organizations, including the United Nations and civil society networks, the tool not only tracks the number of killings of human rights defenders but also analyzes the presence of appropriate legislation and practices to protect defenders.

As Carol Rask, a representative of the Danish Institute for Human Rights, explains, defending human rights is a crime in some countries and a deadly activity in others. It is a call to action for change, urging individuals, organizations, and governments to prioritize and protect the crucial work of human rights defenders worldwide.

Griselda Sillerico, human rights defender in Bolivia for over 30 years, quotes Ana María Romero and says “human rights are seeds that we continue to plant and that over the years we harvest.” Griselda Sillerico’s quote echoes the enduring spirit of human rights advocacy, where the work of human rights defenders like her is a constant effort to sow the seeds of justice, equality, and dignity for all. Despite the challenges and setbacks, human rights defenders across the world continue to plant these seeds, often at great personal risk, with the hope of reaping a future where human rights are universally respected and protected.

IPS UN Bureau

 


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Pact Protecting Environmentalists Suffers Threats in Mexico

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Environment

A mining waste deposit in the center of the municipality of Topia, in the northern Mexican state of Durango, threatens the air, water and people’s health. The Escazú Agreement, In force since 2021, guarantees access to environmental information and justice in Latin American countries, as well as public participation in decision-making on these issues. CREDIT: Emilio Godoy/IPS

A mining waste deposit in the center of the municipality of Topia, in the northern Mexican state of Durango, threatens the air, water and people’s health. The Escazú Agreement,
In force since 2021, guarantees access to environmental information and justice in Latin American countries, as well as public participation in decision-making on these issues. CREDIT: Emilio Godoy/IPS

MEXICO CITY, Feb 7 2023 (IPS) – In the municipality of Papantla, in the southeastern Mexican state of Veracruz, the non-governmental Regional Coordinator of Solidarity Action in Defense of the Huasteca-Totonacapan Territory (Corason) works with local communities on empowering organizations, advocacy capacity in policies and litigation strategies.

“This participation with organizations that work at the national level and have the capacity to influence not only the legal field is important,” Corason coordinator Alejandra Jiménez told IPS from Papantla. “They are able to bring injunctions, and this is how they have managed to block mining projects, for example.”

“Up to now, the Escazú Agreement is dead letter, that is the history of many laws in Mexico. Environmentalists have clearly suffered from violence, and let’s not even mention access to information, where there have even been setbacks.” — Alejandra Jiménez

She was referring to the collaboration between locally-based civil society organizations and others of national scope.

Since its creation in 2015, Corason has supported local organizations in their fight against the extraction of shale gas through hydraulic fracturing or fracking, a highly polluting technique that uses large volumes of water and chemicals, in Veracruz and Puebla, as well as mining and hydroelectric plants in Puebla.

Cases like this abound in Mexico, as they do throughout Latin America, a particularly dangerous region for environmentalists.

Activists agreed on the challenges involved in enforcing the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement, seen as a tool to mitigate dangers faced by human rights defenders in environmental matters.

A case that has been in the hands of Mexico’s Supreme Court since August 2021 is currently addressing the power of organizations to express their disagreement with environmental decisions and will outline the future of environmental activism in this Latin American country of some 130 million people, and of the enforcement of the Escazú Agreement.

The origin of the case lies in two opposing rulings by Mexican courts in 2019 and 2020, in which one recognized the power of organizations and the other rejected that power. As a result, the case went to the Supreme Court, which must reach a decision to settle the contradiction.

In August 2022 and again on Jan. 25 this year, the Supreme Court postponed its own verdict, which poses a legal threat to the megaprojects promoted by the government of President Andrés Manuel López Obrador, a staunch defender of the country’s oil industry.

Gustavo Ampugnani, general director of Greenpeace Mexico, said the case was an alert to the Escazú Agreement, and that it should not represent a setback for the defense of the environment.

“The significance lies in the risks involved in a wrong decision by the Supreme Court on how to resolve this existing contradiction. If the Court decides that the legal creation of an environmental organization is not enough and that other elements are required, it would limit citizen participation and access to justice,” he told IPS.

Environmentalists are waiting for their Godot in the form of the novel agreement, to which Brazil and Costa Rica do not yet belong, to improve their protection.

The treaty, in force since April 2021 and which takes its name from the Costa Rican city where it was signed, guarantees access to environmental information and justice, as well as public participation in environmental decision-making. It thus protects environmentalists and defenders of local land.

Mexico’s foreign ministry, which represented this country in negotiating the agreement, has identified a legislative route to reform laws that make its application possible and promote the integration of a multisectoral group with that same purpose.

Escazú has been undermined in Mexico by López Obrador’s constant attacks against defenders of the environment, whom he calls “pseudo-environmentalists” and “conservatives” for criticizing his policies, which they describe as anti-environmental and extractivist.

For this reason, a group of organizations and activists requested in a letter to the foreign ministry, released on Feb. 2, details of the progress in the creation of inter-institutional roundtables, selection of indicators, creation of protection mechanisms, and training of officials, including courts, while demanding transparency, inclusion and equity in the process.

Activists from the southern Mexican state of Puebla protest the activities of a water bottling company, on Apr.19, 2021. Environmentalists face serious threats in Mexico, where the Escazú Agreement, which since 2021 provides guarantees to these activists in Latin American countries, has not been applied. CREDIT: Emilio Godoy/IPS

Activists from the southern Mexican state of Puebla protest the activities of a water bottling company, on Apr.19, 2021. Environmentalists face serious threats in Mexico, where the Escazú Agreement, which since 2021 provides guarantees to these activists in Latin American countries, has not been applied. CREDIT: Emilio Godoy/IPS

High risk

In 2021, there were 200 murders of environmentalists around the world, a slight decrease from 227 the previous year, according to a report by the London-based non-governmental organization Global Witness.

Latin America led these crimes, accounting for 157 of the killings, with a slight decline from 165 the previous year. Mexico topped the list with 54 murders, compared to 30 in 2020. Colombia ranked second despite the drop in cases: 33, down from 65 in 2020, followed by Brazil (26 vs. 20), Honduras (eight vs. 17) and Nicaragua (13 vs. 12).

The attacks targeted people involved in opposition to logging, mining, large-scale agribusiness and dams, and more than 40 percent of the victims were indigenous people.

In Mexico there are currently some 600 ongoing environmental conflicts without a solution from the government, according to estimates by the Ministry of Environment and Natural Resources.

The most recent case was the Jan. 15 disappearance of lawyer Ricardo Lagunes and indigenous activist Antonio Díaz, an opponent of mining in the western state of Michoacán, which the United Nations High Commissioner for Human Rights has demanded be urgently clarified.

One year after it came into force, the Escazú Agreement is facing major challenges, especially in countries such as Brazil, Colombia, Guatemala, Honduras, Mexico and Nicaragua, where environmentalists face particular risks.

Olimpia Castillo, coordinator of the non-governmental organization Communication and Environmental Education, said the context sends out a warning.

“It is a very interesting round, because article 10 (of the agreement) refers to highlighting the participation of the organizations. That article could be violated, which would mean a major limitation. These are things that as a country we are going to have to face up to,” the activist, who participated in the negotiation of the agreement as a representative of civil society, told IPS.

In Mexico, compliance with the agreement has already faced hurdles, such as the November 2021 decree by which López Obrador declared his megaprojects “priority works for national security”, thus guaranteeing provisional permits, in contravention of the treaty.

Dispute resolution

Activists are already planning what to do if the Supreme Court hands down a negative verdict: they will turn to the Escazú Agreement dispute resolution mechanism – although the signatory countries have not actually designed it yet.

“We would consider turning to the treaty to resolve the issue. Environmental activism is highly dangerous. But that should not set aside the right of organizations to intervene in decisions. Activists and organizations must be given tools to use regional agreements, because what is happening in the country is very serious,” said Greenpeace’s Ampugnani.

Castillo’s organization is working to raise awareness about the agreement. “If no one knows it exists and that they are obliged to comply with it, how do we make them do it? There are still informative processes in which an application has not yet received a response. We have to demand compliance. There are conditions to apply the agreement. But we need political will to comply with it and to get the word out about it,” she said.

Corason’s Jiménez questioned whether the treaty was up-to-date. “Up to now, the Escazú Agreement is dead letter, that is the history of many laws in Mexico. Environmentalists have clearly suffered from violence, and let’s not even mention access to information, where there have even been setbacks. There is an environment that hinders progress,” she said.

In her view, it is not in the interest of governments to apply the agreement, because it requires participation, information and protection in environmental issues.

In March 2022, the first meeting of the Conference of the Parties to the Escazú Agreement took place, which focused on its operational issues and other aspects that the countries will have to hash out before the next summit is held in 2024.

The Supreme Court, which has not yet set a date for handing down its ruling, is caught between going against the government if it favors environmental organizations or hindering respect for the agreement. For now, the treaty is as far from land as Mexico City is from Escazú: about 1,925 kilometers.

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Solar Energy Useless Without Good Batteries in Brazil’s Amazon Jungle

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Energy

Solar panels with a capacity to generate 30 kilowatts no longer work in the Darora Community of the Macuxi people, an indigenous group from Roraima, a state in the far north of Brazil. The batteries only worked for a month before they were damaged because they could not withstand the charge. CREDIT: Boa Vista City Hall

Solar panels with a capacity to generate 30 kilowatts no longer work in the Darora Community of the Macuxi people, an indigenous group from Roraima, a state in the far north of Brazil. The batteries only worked for a month before they were damaged because they could not withstand the charge. CREDIT: Boa Vista City Hall

BOA VISTA, Brazil, Jan 25 2023 (IPS) – “Our electric power is of bad quality, it ruins electrical appliances,” complained Jesus Mota, 63. “In other places it works well, not here. Just because we are indigenous,” protested his wife, Adélia Augusto da Silva, of the same age.

The Darora Community of the Macuxi indigenous people illustrates the struggle for electricity by towns and isolated villages in the Amazon rainforest. Most get it from generators that run on diesel, a fuel that is polluting and expensive since it is transported from far away, by boats that travel on rivers for days.

Located 88 kilometers from the city of Boa Vista, capital of the state of Roraima, in the far north of Brazil, Darora celebrated the inauguration of its solar power plant, installed by the municipal government, in March 2017. It represented modernity in the form of a clean, stable source of energy.

A 600-meter network of poles and cables made it possible to light up the “center” of the community and to distribute electricity to its 48 families.

But “it only lasted a month, the batteries broke down,” Tuxaua (chief) Lindomar da Silva Homero, 43, a school bus driver, told IPS during a visit to the community. The village had to go back to the noisy and unreliable diesel generator, which only supplies a few hours of electricity a day.

“The solar panels were left here, useless. We want to reactivate them, it would be really good. We need more powerful batteries, like the ones they put in the bus terminal in Boa Vista.” — Lindomar da Silva Homero

Fortunately, about four months later, the Boa Vista electricity distribution company laid its cables to Darora, making it part of its grid.

“The solar panels were left here, useless. We want to reactivate them, it would be really good. We need more powerful batteries, like the ones they put in the bus terminal in Boa Vista,” said Homero, referring to one of the many solar plants that the city government installed in the capital.

Tuxaua (chief) Lindomar Homero of the Darora Community is calling for new adequate batteries to reactivate the solar power plant, because the electricity they receive from the national grid is too expensive for the local indigenous people. Behind him stands his predecessor, former tuxaua Jesus Mota. CREDIT: Mario Osava/IPS

Tuxaua (chief) Lindomar Homero of the Darora Community is calling for new adequate batteries to reactivate the solar power plant, because the electricity they receive from the national grid is too expensive for the local indigenous people. Behind him stands his predecessor, former tuxaua Jesus Mota. CREDIT: Mario Osava/IPS

Expensive energy

But indigenous people can’t afford the electricity from the distributor Roraima Energía, he said. On average, each family pays between 100 and 150 reais (20 to 30 dollars) a month, he estimated.

Besides, there are unpleasant surprises. “My November bill climbed to 649 reais” (130 dollars), without any explanation,” Homero complained. The solar energy was free.

“If you don’t pay, they cut off your power,” said Mota, who was tuxaua from 1990 to 2020.”In addition, the electricity from the grid fails a lot,” which is why the equipment is damaged.

Apart from the unreliable supply and frequent blackouts, there is not enough energy for the irrigation of agriculture, the community’s main source of income. “We can do it with diesel pumps, but it’s expensive; selling watermelons at the current price does not cover the cost,” he said.

“In 2022, it rained a lot, but there are dry summers that require irrigation for our corn, bean, squash, potato, and cassava crops. The energy we receive is not enough to operate the pump,” said Mota.

A photo of the three water tanks in the village of Darora, one of which holds water that is made potable by chemical treatment. The largest and longest building is the secondary school that serves the Macuxi indigenous community that lives in Roraima, in northern Brazil. CREDIT: Mario Osava/IPS

A photo of the three water tanks in the village of Darora, one of which holds water that is made potable by chemical treatment. The largest and longest building is the secondary school that serves the Macuxi indigenous community that lives in Roraima, in northern Brazil. CREDIT: Mario Osava/IPS

Achilles’ heel

Batteries still apparently limit the efficiency of solar energy in isolated or autonomous off-grid systems, with which the government and various private initiatives are attempting to make the supply of electricity universal and replace diesel generators.

Homero said that some of the Darora families who live outside the “center” of the village and have solar panels also had problems with the batteries.

Besides the 48 families in the village “center” there are 18 rural families, bringing the community’s total population to 265.

A solar plant was also installed in another community made up of 22 indigenous families of the Warao people, immigrants from Venezuela, called Warao a Janoko, 30 kilometers from Boa Vista.

But of the plant’s eight batteries, two have already stopped working after only a few months of use. And electricity is only guaranteed until 8:00 p.m.

“Batteries have gotten a lot better in the last decade, but they are still the weak link in solar power,” Aurelio Souza, a consultant who specializes in this question, told IPS from the city of São Paulo. “Poor sizing and the low quality of electronic charging control equipment aggravate this situation and reduce the useful life of the batteries.”

The low quality of the electricity supplied to Darora is due to the discrimination suffered by indigenous people, according to Adélia Augusto da Silva. The water they used to drink was also dirty and caused illnesses, especially in children, until the indigenous health service began to chemically treat their drinking water. CREDIT: Mario Osava/IPS

The low quality of the electricity supplied to Darora is due to the discrimination suffered by indigenous people, according to Adélia Augusto da Silva. The water they used to drink was also dirty and caused illnesses, especially in children, until the indigenous health service began to chemically treat their drinking water. CREDIT: Mario Osava/IPS

In Brazil’s Amazon jungle, close to a million people live without electricity, according to the Institute of Energy and the Environment, a non-governmental organization based in São Paulo. More precisely, its 2019 study identified 990,103 people in that situation.

Another three million inhabitants of the region, including the 650,000 people in Roraima, are outside the National Interconnected Electricity System. Their energy therefore depends mostly on diesel fuel transported from other regions, at a cost that affects all Brazilians.

The government decided to subsidize this fossil fuel so that the cost of electricity is not prohibitive in the Amazon region.

This subsidy is paid by other consumers, which contributes to making Brazilian electricity one of the most expensive in the world, despite the low cost of its main source, hydropower, which accounts for about 60 of the country’s electricity.

Solar energy became a viable alternative as the parts became cheaper. Initiatives to bring electricity to remote communities and reduce diesel consumption mushroomed.

But in remote plants outside the reach of the grid, good batteries are needed to store energy for the nighttime hours.

Part of the so-called "downtown" in Darora, which has lamp posts, houses, a soccer field and a shed where the community meets. A larger community center is needed, says the leader of the Macuxi village located near Boa Vista, the capital of the northern Brazilian state of Roraima. CREDIT: Mario Osava/IPS

Part of the so-called “downtown” in Darora, which has lamp posts, houses, a soccer field and a shed where the community meets. A larger community center is needed, says
the leader of the Macuxi village located near Boa Vista, the capital of the northern Brazilian state of Roraima. CREDIT: Mario Osava/IPS

A unique case

Darora is not a typical case. It is part of the municipality of Boa Vista, which has a population of 437,000 inhabitants and good resources, it is close to a paved road and is within a savannah ecosystem called “lavrado”.

It is at the southern end of the São Marcos indigenous territory, where many Macuxi indigenous people live but fewer than in Raposa Serra do Sol, Roraima’s other large native reserve. According to the Special Secretariat for Indigenous Health (Sesai), there were 33,603 Macuxi Indians living in Roraima in 2014.

The Macuxi people also live in the neighboring country of Guyana, where there are a similar number to that of Roraima. Their language is part of the Karib family.

Although there are no large forests in the surrounding area, Darora takes its name from a tree, which offers “very resistant wood that is good for building houses,” Homero explained.

The community emerged in 1944, founded by a patriarch who lived to be 93 years old and attracted other Macuxi people to the area.

The progress they have made especially stands out in the secondary school in the village “center”, which currently has 89 students and 32 employees, “all from Darora, except for three teachers from outside,” Homero said proudly.

A new, larger elementary and middle school for students in the first to ninth grades was built a few years ago about 500 meters from the community.

Water used to be a serious problem. “We drank dirty, red water, children died of diarrhea. But now we have good, treated water,” said Adélia da Silva.

“We dug three artesian wells, but the water was useless, it was salty. The solution was brought by a Sesai technician, who used a chemical substance to make the water from the lagoon drinkable,” Homero said.

The community has three elevated water tanks, two for water used for bathing and cleaning and one for drinking water. There are no more health problems caused by water, the tuxaua said.

His current concern is to find new sources of income for the community. Tourism is one alternative. “We have the Tacutu river beach 300 meters away, great fruit production, handicrafts and typical local gastronomy based on corn and cassava,” he said, listing attractions for visitors.

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Biodiversity Agreement Historic But Difficult to Implement

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Biodiversity

Government delegations celebrate the close of the historic negotiation at COP15 of the New Global Framework on Biodiversity in the early hours of the morning on Monday Dec. 19, at the Palais des Congrès in Montreal, Canada. CREDIT: Mike Muzurakis/IISD

MONTREAL, Dec 19 2022 (IPS) – The pillar coral (Dendrogyra cylindrus), which takes its name from its shape, is found throughout the Caribbean Sea, but its population has declined by more than 80 percent since 1990. As a result, the International Union for Conservation of Nature (IUCN) has listed it as “critically endangered” due to the effects of the human-induced climate crisis.

Its fate now depends on the new Kunming-Montreal Global Framework on Biodiversity, which was agreed by the 15th Conference of the Parties (COP15) to the Convention on Biological Diversity (CBD) on Monday Dec. 19, at the end of the summit held since Dec. 7 at the Palais des Congrès in Montreal.

Now, the world’s countries must translate the results into national biodiversity strategies, to comply with the new accord. In this regard, David Ainsworth, spokesman for the CBD, in force since 1993 and based in Montreal, announced the creation of a global accelerator for the drafting of national plans, with the support of U.N. agencies.

COP15 of the Convention on Biological Diversity approved a new program to protect the world's natural heritage for the next 10 years during the summit held in the Canadian city of Montreal. The picture shows a statue of a polar bear, whose species is threatened by melting ice and habitat loss, on a street in Montreal. CREDIT: Emilio Godoy/IPS

COP15 of the Convention on Biological Diversity approved a new program to protect the world’s natural heritage for the next 10 years during the summit held in the Canadian city of Montreal. The picture shows a statue of a polar bear, whose species is threatened by melting ice and habitat loss, on a street in Montreal. CREDIT: Emilio Godoy/IPS

The menu of agreements

COP15, whose theme was “Ecological Civilization: Building a shared future for all life on earth”, approved four objectives on improving the status of biodiversity, reducing species extinction, fair and appropriate sharing of benefits from access to and use of genetic resources, and means of implementation of the agreement.

In addition, the plenary of the summit, which brought together some 15,000 people representing governments, non-governmental organizations, academia, international bodies and companies, agreed on 23 goals within the Global Framework, for the conservation and management of 30 percent of terrestrial areas and 30 percent of marine areas by 2030, in what is known in U.N. jargon as the 30×30.

This includes the complete or partial restoration of at least 30 percent of degraded terrestrial and marine ecosystems, as well as the reduction of the loss of areas of high biological importance to almost zero.

Likewise, the agreement reached by the 196 States Parties at COP15 includes the halving of food waste, the elimination or reform of at least 500 billion dollars a year in subsidies harmful to biodiversity, and at least 200 billion dollars in funding for biodiversity by 2030 from public and private sources.

It also endorsed increasing financial transfers from countries of the industrialized North to nations of the developing South by at least 20 billion dollars by 2025 and 30 billion dollars by 2030, and the voluntary publication by companies for monitoring, evaluation and disclosure of the impact of their activities on biodiversity.

The Global Environment Facility (GEF) will manage a new fund, whose operation will be defined by the countries over the next two years.

With regard to digital sequence information (DSI) on genetic resources, the Global Framework stipulates the establishment of a multilateral fund for benefit-sharing between providers and users of genetic resources and states that governments will define the final figure at COP16 in Turkey in 2024.

The Global Framework also contains gender and youth perspectives, two strong demands of the process that was initially scheduled to end in the city of Kunming, China, in 2020. But because that country was unable to host mass meetings due to its zero-tolerance policy towards COVID-19, a first virtual chapter was held there and another later in person, and the final one now took place in Montreal.

The states parties are required to report at least every five years on their national compliance with the Global Framework. The CBD will include national information submitted in February 2026 and June 2029 in its status and trend reports.

With some differences, civil society organizations and indigenous peoples gave a nod to the Global Framework, but issued warnings. Viviana Figueroa, representative of the International Indigenous Forum on Biodiversity, and Simone Lovera, policy director of the Global Forest Coalition, applauded the agreement in conversations with IPS, while pointing out its risks.

“It’s a good step forward, because it recognizes the role of indigenous peoples, the use of biodiversity and the role of traditional knowledge,” said Figueroa, an Omaguaca indigenous lawyer from Argentina whose organization brings together indigenous groups from around the world to present their positions at international environmental meetings.

“It has been a long process, to which native peoples have contributed and have made proposals. The most important aspects that we proposed have been recognized and we hope to work together with the countries,” she added.

But, she remarked, “the most important thing will be the implementation.”

Goal C and targets one, three, five, nine, 13, 21 and 22 of the Global Framework relate to respect for the rights of native and local communities.

Lovera, whose organization brings together NGOs and indigenous groups, said the accord “recognizes the rights of indigenous peoples and local communities, and of women. It also includes a recommendation to withdraw subsidies and reduce public and private investments in destructive activities, such as large-scale cattle ranching and oil palm monoculture.”

But indigenous and human rights organizations have questioned the 30×30 approach on the grounds that it undermines ancestral rights, blocks access to aboriginal territories, and requires consultation and unpressured, informed consent for protected areas prior to any decision on the future of those areas.

Discussions at the Convention on Biological Diversity summit intensified in the last few days of COP15 and ran late into the night, as in this session on health and biodiversity. But in the end, agreement was reached on a new Global Framework on Biodiversity, which will be binding on the 196 states parties. CREDIT: IISD/ENB

Discussions at the Convention on Biological Diversity summit intensified in the last few days of COP15 and ran late into the night, as in this session on health and biodiversity. But in the end, agreement was reached on a new Global Framework on Biodiversity, which will be binding on the 196 states parties. CREDIT: IISD/ENB

Major challenge

While the Global Framework has indicators and monitoring mechanisms and is legally binding, it has no actual teeth, and the precedent of the failed Aichi Targets casts a shadow over its future, especially with the world’s poor track record on international agreements.

The Aichi Biodiversity Targets, adopted in 2010 in that Japanese city during the CBD’s COP10 and which its 196 states parties failed to meet in 2020, included the creation of terrestrial and marine protected areas; the fight against pollution and invasive species; respect for indigenous knowledge; and the restoration of damaged ecosystems.

Several estimates put the amount needed to protect biological heritage at 700 billion dollars, which means there is still an enormous gap to be closed.

In more than 30 years, the GEF has disbursed over 22 billion dollars and helped transfer another 120 billion dollars to more than 5,000 regional and national projects. For the new period starting in 2023, the fund is counting on some five billion dollars in financing.

In addition, the Small Grants Program has supported around 27,000 community initiatives in developing countries.

“There is little public funding, more is needed,” Lovera said. “It’s sad that they say the private sector must fund biodiversity. In indigenous territories money is needed. They can do much more than governments with less money. Direct support can be more effective and they will meet the commitments.”

The activist also criticized the use of offsets, a mechanism whereby one area can be destroyed and another can be restored elsewhere – already used in countries such as Chile, Colombia and Mexico.

“This system allows us to destroy 70 percent of the planet while preserving the other 30 percent,” Lovera said. “It is madness. For indigenous peoples and local communities, it is very negative, because they lose their own biodiversity and the compensation is of no use to them, because it happens somewhere else.”

Figueroa said institutions that already manage funds could create direct mechanisms for indigenous peoples, as is the case with the Small Grants Program.

Of the 609 commitments that organizations, companies and individuals have already made voluntarily at COP15, 303 are aimed at the conservation and restoration of terrestrial ecosystems, 188 at alliances, and 159 at adaptation to climate change and reduction of polluting emissions.

The summit also coincided with the 10th Meeting of the Conference of the Parties to the Cartagena Protocol on Biosafety and the 4th Meeting of the Conference of the Parties to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization, both components of the CBD.

Images of the planet’s sixth mass extinction reflect the size of the challenge. More than a quarter of some 150,000 species on the IUCN Red List are threatened with extinction.

The “Living Planet Report 2022: Building a nature-positive society”, prepared by the WWF and the Institute of Zoology in London, shows that Latin America and the Caribbean has experienced the largest decline in monitored wildlife populations worldwide, with an average decline of 94 percent between 1970 and 2018.

With a decade to act, each passing day represents more biological wealth lost.

IPS produced this article with support from Internews‘ Earth Journalism Network.

 

Digital Treatment of Genetic Resources Shakes Up COP15

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The executive secretary of the Convention on Biological Diversity, Elizabeth Maruma Mrema, highlighted on Friday Dec. 16 the results of the Nagoya Protocol on access to genetic resources and fair benefit sharing at an event during COP15 in the Canadian city of Montreal. But the talks have not reached an agreement on the digital sequencing of genetic resources. CREDIT: Emilio Godoy/IPS

The executive secretary of the Convention on Biological Diversity, Elizabeth Maruma Mrema, highlighted on Friday Dec. 16 the results of the Nagoya Protocol on access to genetic resources and fair benefit sharing at an event during COP15 in the Canadian city of Montreal. But the talks have not reached an agreement on the digital sequencing of genetic resources. CREDIT: Emilio Godoy/IPS

By Emilio Godoy
MONTREAL, Dec 16 2022 (IPS)

In addition to its nutritional properties, quinoa, an ancestral grain from the Andes, also has cosmetic uses, as stated by the resource use and benefit-sharing permit ABSCH-IRCC-PE-261033-1 awarded in February to a private individual under a 15-month commercial use contract.

The permit, issued by the Peruvian government’s National Institute for Agrarian Innovation, allows the Peruvian beneficiary to use the material in a skin regeneration cream.

But it also sets restrictions on the registration of products obtained from quinoa or the removal of its elements from the Andean nation, to prevent the risk of irregular exploitation without a fair distribution of benefits, in other words, biopiracy.”The scientific community is willing to share benefits through simple mechanisms that do not unfairly burden researchers in low- and middle-income countries.” — Amber Scholz

The licensed material may have a digital representation of its genetic structure which in turn may generate new structures from which formulas or products may emerge. This is called digital sequence information (DSI), in the universe of research or commercial applications within the CBD.

Treatment of DSI forms part of the debates at the 15th Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity (CBD), which began on Dec. 7 and is due to end on Dec. 19 at the Palais des Congrès in the Canadian city of Montreal.

The summit has brought together some 15,000 people representing the 196 States Parties to the CBD, non-governmental organizations, academia, international bodies and companies.

The focus of the debate is the Post-2020 Global Framework on Biodiversity, which consists of 22 targets in areas including financing for conservation, guidelines on digital sequencing of genetic material, degraded ecosystems, protected areas, endangered species, the role of business and gender equality.

Like most of the issues, negotiations on DSI and the sharing of resulting benefits, contained in one of the Global Framework’s four objectives and in target 13, are at a deadlock, on everything from definitions to possible sharing mechanisms.

Except for the digital twist, the issue is at the heart of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, part of the CBD, signed in that Japanese city in 2010 and in force since 2014.

The delegations of the 196 States Parties to the Convention on Biological Diversity have failed to make progress at COP15 in the negotiations on new targets for the protection of the world's natural heritage, in the Canadian city of Montreal. In the picture, a working group reviews a proposal on the complex issue. CREDIT: IISD/ENB

The delegations of the 196 States Parties to the Convention on Biological Diversity have failed to make progress at COP15 in the negotiations on new targets for the protection of the world’s natural heritage, in the Canadian city of Montreal. In the picture, a working group reviews a proposal on the complex issue. CREDIT: IISD/ENB

Amber Scholz, a German member of the DSI Scientific Network, a group of 70 experts from 25 countries, said there is an urgent need to close the gap between the existing innovation potential and a fair benefit-sharing system so that digital sequencing benefits everyone.

“It’s been a decade now and things haven’t turned out so well. The promise of a system of innovation, open access and benefit sharing is broken,” Scholz, a researcher at the Department of Microbial Ecology and Diversity in the Leibniz Institute’s DSMZ German Collection of Microorganisms and Cell Cultures, told IPS.

DSI stems from the revolution in the massive use of technological tools, which has reached biology as well, fundamental in the discovery and manufacture of molecules and drugs such as those used in vaccines against the coronavirus that caused the COVID-19 pandemic.

The Aichi Biodiversity Targets, adopted in 2010 in that Japanese city during the CBD COP10, were missed by the target year, 2020, and will now be renewed and updated by the Global Framework that will emerge from Montreal.

The targets included respect for the traditional knowledge, innovations and practices of indigenous and local communities related to the conservation and sustainable use of biological diversity, their customary use of biological resources, and the full and effective participation of indigenous and local communities in the implementation of the CBD.

Lack of clarity in the definition of DSI, challenges in the traceability of the country of origin of the sequence via digital databases, fear of loss of open access to data and different outlooks on benefit-sharing mechanisms are other aspects complicating the debate among government delegates.

Through the Action Agenda: Make a Pledge platform, organizations, companies and individuals have already made 586 voluntary commitments at COP15, whose theme is “Ecological civilization: Building a shared future for all life on earth”.

Of these, 44 deal with access and benefit sharing, while 294 address conservation and restoration of terrestrial ecosystems, 185 involve partnerships and alliances, and 155 focus on adaptation to climate change and emission reductions.

Genetic havens

Access to genetic resources for commercial or non-commercial purposes has become an issue of great concern in the countries of the global South, due to the fear of biopiracy, especially with the advent of digital sequencing, given that physical access to genetic materials is not absolutely necessary.

Although the Nagoya Protocol includes access and benefit-sharing mechanisms, digital sequencing mechanisms have generated confusion. In fact, this instrument has created a market in which lax jurisdictions have taken advantage by becoming genetic havens.

Around 2,000 gene banks operate worldwide, attracting some 15 million users. Almost two billion sequences have been registered, according to statistics from GenBank, one of the main databases in the sector and part of the U.S. National Center for Biotechnology Information.

Argentina leads the list of permits for access to genetic resources in Latin America under the Protocol, with a total of 56, two of which are commercial, followed by Peru (54, four commercial) and Panama (39, one commercial). Mexico curbed access to such permits in 2019, following a scandal triggered by the registration of maize in 2016.

There are more than 100 gene banks operating in Mexico, 88 in Peru, 56 in Brazil, 47 in Argentina and 25 in Colombia.

The largest providers of genetic resources leading to publicly available DSI are the United States, China and Japan. Brazil ranks 10th among sources and users of samples, according to a study published in 2021 by Scholz and five other researchers.

The mechanisms for managing genetic information sequences have become a condition for negotiating the new post-2020 Global Framework for biodiversity, which poses a conflict between the most biodiverse countries (generally middle- and low-income) and the nations of the industrialized North.

Brazilian indigenous activist Cristiane Juliao, a leader of the Pankararu people, calls for a fair system of benefit-sharing for access to and use of genetic resources and their digital sequences at COP15, being held at the Palais des Congrès in the Canadian city of Montreal. CREDIT: Emilio Godoy/IPS

Brazilian indigenous activist Cristiane Juliao, a leader of the Pankararu people, calls for a fair system of benefit-sharing for access to and use of genetic resources and their digital sequences at COP15, being held at the Palais des Congrès in the Canadian city of Montreal. CREDIT: Emilio Godoy/IPS

Indigenous people and their share

Cristiane Juliao, an indigenous woman of the Pankararu people, who is a member of the Brazilian Coordinator of Indigenous Peoples and Organizations of the Northeast, Minas Gerais and Espírito Santo, said the mechanisms adopted must favor the participation of native peoples and guarantee a fair distribution of benefits.

“We don’t look at one small element of a plant. We look at the whole context and the role of that plant. All traditional knowledge is associated with genetic heritage, because we use it in food, medicine or spiritual activities,” she told IPS at COP15.

Therefore, she said, “traceability is important, to know where the knowledge was acquired or accessed.”

In Montreal, Brazilian native organizations are seeking recognition that the digital sequencing contains information that indigenous peoples and local communities protect and that digital information must be subject to benefit-sharing. They are also demanding guarantees of free consultation and the effective participation of indigenous groups in the digital information records.

Thanks to the system based on the country’s Biodiversity Law, in effect since 2016, the Brazilian government has recorded revenues of five million dollars for permits issued.

The Working Group responsible for drafting the new Global Framework put forward a set of options for benefit-sharing measures.

They range from leaving in place the current status quo, to the integration of digital sequence information on genetic resources into national access and benefit-sharing measures, or the creation of a one percent tax on retail sales of genetic resources.

Lagging behind

There is a legal vacuum regarding this issue, because the CBD, the World Intellectual Property Organization and the International Treaty on Plant Genetic Resources for Food and Agriculture, in force since 2004, do not cover all of its aspects.

Scholz suggested the COP reach a decision that demonstrates the political will to establish a fair and equitable system. “The scientific community is willing to share benefits through simple mechanisms that do not unfairly burden researchers in low- and middle-income countries,” she said.

For her part, Juliao demanded a more inclusive and fairer system. “There is no clear record of indigenous peoples who have agreed to benefit sharing. It is said that some knowledge comes from native peoples, but there is no mechanism for the sharing of benefits with us.”

IPS produced this article with support from Internews’ Earth Journalism Network.