Dam Project Blocked!

ELAW scientist Meche Lu (left) and IDEA attorney Raquel Gutierrez at the Arcediano Dam site showing destroyed homes

Sometimes it takes just one person to change the world.  Mrs. Lupita Lara is one of those people who took a stand and changed the world for her community with the help of ELAW and our partners in Mexico.

In southern Mexico, plans were made to build the Arcediano Dam on the Santiago River to provide water for the residents of Guadalajara.  Arcediano has been the subject of national and international outrage because of the scope of the environmental and human rights impacts.  Not only would the building of the dam destroy sensitive ecosystems, but there were significant health risks associated with the water flowing to Guadalajara.

Despite the risks, Mrs. Lara refused to leave her home, which was in the way of the building of the dam.   She had lived there with her sister and her elderly mother (who has since passed away) for many years, and when her neighbors accepted small remuneration to relocate, Mrs. Lara stayed and fought the project. She found an ally in Raquel Gutierrez, an attorney with the Instituto De Derecho Ambiental (IDEA, A.C.).

Raquel filed actions in every tribunal and agency with potential influence on the process (including the environmental commission created by the North American Free Trade Agreement) on behalf of the community and Mrs. Lara.  Early on, she enlisted the help of ELAW attorneys to help build her arguments against the dam. ELAW Staff Scientist Meche Lu reviewed the Environmental Impact Assessment (EIA) and traveled to the area in 2004 to meet with Raquel and community members, and observe first-hand the proposed project site.  Meche found major flaws in the EIA because it failed to adequately assess the environmental risks associated with the project.

Despite concerns about the project, it was given preliminary approval in 2003.  However, for these past six years, Mrs. Lara and IDEA continued battling, and on December 11^th, the Mexican Secretary of Environment and Natural Resources revoked its 2003 authorization for the project because of the environmental havoc it would have caused.

This is a huge victory for Mrs. Lara, IDEA, ELAW and, most importantly, the people of Mexico who will be spared the environmental, health and human rights violations that would have occurred by the building of the Arcediano Dam.

More News & Perspective from COP15

ELAW Partners from Kenya, Maurice Odhiambo Makoloo and Benson Ochieng, are in Copenhagen working to ensure that any agreement that is put forth at the COP15 meeting protects the interests of their country and all of Africa.  They were interviewed about the African walkout on Kenyan television.  (click on the screen to watch.)

Makoloo wrote about his experiences:

“Copenhagen generally is quite cold but the negotiations inside the Bella Centre are quite heated and hot.  Just a little update.  After the two texts had been produced the African Group argued that they would tactfully accept the two documents as being part of the working documents for the negotiations.  They soon thereafter equally submitted a document containing the African Group’s position on the issues.  Additionally they called a press conference at which they expressed their concerns at the level of lack of transparency in the process and called for a lot more good faith.  It was however, evident that given the previous leaked Danish document and now coupled with these developments, the African Group had formed the view that their partners from the developed countries were up to no good.  Their position resonated with the G77 Group and China.  It is fair to say that since then there has been a lot of mistrust among the delegates.”

President Obama is scheduled to speak in Copenhagen on Friday.  Everybody is hoping that the delegates can create a document worth all the time and effort that have gone into these talks.

ELAW Director Reports from Copenhagen

Rachel Kastenberg (left), John Bonine and Svitlana Kravchenko

ELAW Director John Bonine and ELAW Partner Svitlana Kravchenko have been in Copenhagen all week.  They filed a news report/analysis with the Eugene Weekly talking about their experiences there so far.

They write: “Lawyers from the Eugene-based Environmental Law Alliance Worldwide, of which we are also members, are pursuing just such goals. ELAW lawyers from Australia, Bangladesh, Kenya, Malaysia, Mexico, Papua New Guinea, Peru, Sri Lanka, Ukraine and the U.K., as well as the U.S. and others, are here trying to make a difference. Our task is to do what we can to nudge the climate change agreement toward what future generations really need.

Following these negotiations, lawyers in the ELAW network will play key roles back in their home countries, ensuring that governments follow up on their Copenhagen commitments.”

Here’s hoping that there is something worthwhile for the ELAW partners – and all others – to follow up on!

1.5! 1.5! Chants from COP15

Demonstrators shouting "1.5"

“1.5!” “One point five!” The rhythm picked up.  The shouts got louder.

“Legally binding text!  Legally binding text!”

What?  These are not your grandfather’s demonstrators.  Instead of making general political statements, the protesters were chanting details of their demands for a climate change agreement.  This is clearly a sophisticated crowd.

As we tried to enter a meeting room where negotiations were proceeding here in the convention center in Copenhagen, the security guards refused us entrance.  “NGOs are not allowed for the moment,” said the guard.  “Why?” we asked. “Unauthorized demonstration,” the guard replied.

Then we ran into Hemantha Withenage from ELAW Sri Lanka, just emerging from the meeting.  He explained more. “People from Tuvalu launched an unauthorized demonstration at the entrance to the room,” he reported.  “So they shut down the entry.”  We walked with Hemantha toward the chants and shouts.  It was not the Tuvalu demonstration but another one – this one consisting of NGO delegates from Africa and the Middle East.  “But we support Tuvalu also,” a young woman from South Africa told one of us.

The delegation from Tuvalu’s government had made a dramatic demand of its own in the morning of this third day of negotiations.  They asked for a “contact group” to be set up, which would discuss the possibility of a new, legally binding protocol being drawn up, alongside the Kyoto Protocol.  Their request was blocked by China and India, as well as oil-rich Venezuela and Saudi Arabia.

Tuvalu has thus become a symbolic rallying point for some who fear that the Copenhagen meetings will end in a weak, political statement and little more.

At the same time, their request revealed divisions among the developing countries.  The caucuses calling themselves the Least Developed Countries (LDC) and the Association of Small Island States (AOSIS) are supporting an open and transparent discussion, while some others are opposing that.  The United States stayed out of the fight.

What will actually happen is anyone’s guess.

To clarify — “one point five” refers to the number of degrees Celsius that the demonstrators want to use as a target for increased temperature from greenhouse gas emissions.  Most of the governments negotiating in Copenhagen are talking about 2 degrees, and not even managing to create a plan to achieve that.  Meanwhile, Tony Oposa, famed environmental lawyer (and ELAW partner) from the Philippines, told us tonight that he wants zero increases!

by ELAW Partners John Bonine and Svitlana Kravchenko

Saved by an Amigo!

"Even environmentalists are messy -- and Big Mac is everywhere."

Svitlana and I are in Copenhagen for the climate change negotiations.

We almost did not get into opening session, however.

Governmental delegates had gone in through one door, while non-governmental delegates were routed to another, where we stood in a long line.  When we got to the head of that line, we learned that our NGO credentials were not enough for entrance to the plenary session.

Only those who also had a special yellow tag, issued to some NGO focal points, could enter.  How to solve that?

It happened that we ran into Hemantha Withenage, our good friend (and ELAW Partner) from Sri Lanka.  Then Hemantha disappeared, as we tried to figure out a strategy to use.  In ten minutes Hemantha came back, now wearing a yellow tag and smiling as he held one out to us.  We decided that Svitlana should enter, leaving her laptop behind.  I stuffed her cellphone hidden into her pocket.  Some guards were prohibiting laptops and cell phones, but I wanted to be able to find her later.

I stayed close to the door, holding our two briefcases and looking for another miracle like Hemantha’s.

After some time, the guards decided that the remaining NGO seats should be filled, and so they let a dozen of us standing nearby enter.  Since the guard said nothing about cell phones and laptops, I just innocently carried them all in.

John Bonine, ELAW Board of Directors

ELAW Partners in Copenhagen

John & Svitlana at the entrance of the conference

A number of ELAW partners, including Svitlana Kravchenko and ELAW Board member John Bonine, (photo at left) are joining tens of thousands of activists and government officials in Copenhagen this week as the United Nations Climate Change Conference opens in Denmark.

ELAW Partner Hermantha Withanage of Sri Lanka is blogging from Copenhagen.  His most recent post notes:  “According to the sources, there are more than 30,000 people have got the registration to this land mark conference. Outside the Bella Centre, civil society coming from over 200 countries have also gathered to witness this global deal. They too organise “klimaforum” and bring the voices of the civil society to shape the deal.”

Participants in the Bella Center watched this short film in which a six-year-old girl begs the delegates to “please help the world.”

We will add more information as we hear from ELAW partners “on the ground” in Denmark!

The Story of Cap and Trade

ELAW Partner Annie Leonard is at it again!

Her video “The Story of Stuff” is legendary for its simple explanation of why consumerism is killing the planet.

Now, she takes on “Cap and Trade” and explains, using simple graphics and easy to understand language, why cap and trade is bad policy.

Click and watch it — and send it to your friends!

Transported by ELAW

I’m sitting here surrounded by Central America’s leading environmental and human rights lawyers.  I’m lucky because I find myself in groups like this quite regularly.  Every time I travel for work, I have trouble leaving home – saying good-bye yet again to my husband and three year old daughter.

But the minute my plane lands, I’m transported.  Not only do I get to see old friends and meet new ones – sharing family photos and stories about our lives since we last met – but I get to hear about their current work and renew my energy to do this work that I love so much.

I get to sit at a table of people from different countries who are fighting the same battle against different mining companies.  I get to sit with people strategizing about better ways to protect the rights of their local communities.  And I get to work with these amazing people who put their lives at risk on a regular basis to pursue justice.

On the first day of this meeting we spent some time reflecting on justice.  What is justice?  How do we get justice?  Do our laws make space for us to pursue justice for the community displaced for a tourism development on the coast?  Is a court the best place to find justice for the community whose water source is polluted by a mining company?

We have two more days to reflect on this as we talk about the region’s environmental problems and how we can all work together to represent the communities impacted by mining, oil development and dams – and how we can work together to address climate change and help design a better way forward.

by Staff Attorney Jen Gleason

Gathering in Guatemala

Grassroots advocates meet in Guatemala

Greetings from Antigua!

ELAW partners from throughout Central America are gathering in Antigua, Guatemala this week.  The meeting, organized by ELAW and our partners at the Alianza de Derecho Ambiental y Agua (ADA2) is a gathering of grassroots advocates in Central America who are working to strengthen the rule of law and protect the environment.

Over the 3-day gathering, advocates will share experiences and work together to develop new strategies to address issues such as preserving marine and forest resources, promoting environmental justice, and protecting the climate.

This morning, advocates from Belize, Costa Rica, El Salvador, Guatemala, Panama, Honduras and Nicaragua heard from Dr. Luis Zurita, Vice-Minister for the Environment for Guatemala, who described the challenges of solving the many environmental issues in Guatemala.  Ruth Solano, an attorney with Justicia Para la Naturaleza in Costa Rica, described a new environmental legal aid program developed by the bar association in conjunction with the University of Costa Rica that assists any community member who wants to report an environmental problem.   The afternoon session featured an extensive discussion with Mario Mancilla, the Technical Assistant to the CAFTA-DR Secretariat for Environmental Matters, about using the citizen enforcement mechanism of the CAFTA-DR trade agreement.

ELAW staff members Lori Maddox, Jen Gleason, and Liz Mitchell are attending the meeting and will be sending updates throughout the week.

 

by Liz Mitchell

Spotlight on an ELAW partner: Carla García Zendejas

“I’m not from here and I’m not from there,” began the story of this girl from Tijuana, who was fortunate enough to have parents who straddled the border every day to provide the best for their children.  ELAW partner Carla García Zendejas was born to a medical doctor and a schoolteacher who recognized that their children would have more opportunities if they could, themselves, walk as easily among Americans as among Mexicans.  So they drove the kids to San Diego each day, where Carla and her brother and sister attended an English-speaking Catholic school.

“We would get a pink slip for speaking Spanish on the playground,” recalls Carla.

Carla’s parents provided ample educational opportunities for their children.  And they also taught by their example.  Her father and his colleagues started the Tijuana Red Cross and were active in Rotary.Both of her parents were active in community service projects.  Being perfectly bilingual and bicultural in an era defined by free trade agreements, Carla could have taken her pick from numerous high-paying corporate jobs.

But her respect for her parents, coupled with the influence of her Catholic teachers and priests, led her to seek opportunities to serve.  In her teens, she and her friends started their own advocacy group, ProForum, and traveled to poor communities to help with building projects and holding retreats for teenagers and community members.

	Carla García Zendejas

Carla received her law degree in Tijuana, and then pursued an LLM at American University in Washington, DC.  She remembers well when she chose public interest environmental law as her path.  Carla took a class called Trade and Environment, thinking it might help her defend Mexico’s trade interests.  But as the professor outlined the impacts of free trade on communities, Carla realized, “she’s talking about my home, my place – Tijuana.  I have to help.” She shared with a friend that she wanted to be an environmental lawyer and he told her: “Write it down!”

Carla’s biculturalism already gave her a unique perspective on U.S. demand, and Mexico’s supply.
With new clarity of purpose, Carla reached out to nongovernmental advocacy organizations in Mexico to learn about impacts of trade on communities, her communities.  After graduation, she moved back to Tijuana to defend the rights of women working in maquiladoras (modern day sweat shops).  Following that, she took on highly destructive liquefied natural gas (LNG) terminals planned for the coast of Baja California.  Of the six terminals planned, Carla and the coalition of advocates she teamed up with defeated five.  In addition to direct advocacy for the environment, Carla educates U.S.  audiences about the impacts of our consumption on Mexico’s natural environment.

When asked what brings her personal satisfaction, Carla thinks back to that piece of paper bearing the words, “environmental lawyer!” She is proud of the fact that, a decade later, she has not strayed from her path.  She is gratified when her words resonate with the community members she seeks to serve – when she sees that the seeds she has planted are growing, and bearing fruit.  “It’s the joy of the job well done.”

Carla’s greatest role model is her mom.  Although she learned from numerous law professors, teachers, clients, authors, and community organizers along the way, she says, “My mom provides order in a chaotic world.  She is a rock.  I would do well to be as focused, precise, and dedicated.”

Carla has recently joined the Defensa del Ambiente del Noroeste (DAN), as Director of Public Policy.  DAN is a relatively new NGO, and Executive Director Fernando Ochoa Piñeda was thrilled to have Carla join forces.  He said, “I feel like we’re the team last in the standings, so we got ‘first draft pick’ and somehow managed to get our top pick!”

However, the import of Carla’s work reaches beyond the borders of U.S. and Mexico.  She has worked with ELAW partners in Europe and other places too. Her passion and commitment to her work makes her unstoppable.  She is not only from here, and from there; her reach through the ELAW network is truly global.

by Lori Maddox