Global Support Floods E-LAW U.S.

The E-LAW network links people across borders — people of different nationalities, languages, cultures and faiths. Following the tragedy of September 11, all of us at E-LAW U.S. drew comfort from being part of this unique, worldwide network.

Within days of that grim Tuesday, E-LAW U.S. had received messages of support and concern from advocates in Argentina, Australia, Bangladesh, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Czech Republic, Georgia, Hungary, India, Japan, Kenya, Malaysia, Mexico, Moldova, Nepal, Netherlands, Panama, Papua New Guinea, Peru, Philippines, Russia, Slovenia, South Africa, Spain, Sri Lanka, Tanzania and Ukraine.

Andriy and Natalia Andrusevych wrote from Ukraine: "This is a terrible act, which breaks our hearts, and we suffer with you."

E-LAW U.S. thanks its partners for their commitment to working together to build a healthier planet.

Bern Johnson
Executive Director, E-LAW U.S.

Out on a Limb: Saving Kenya`s Woodlands

In a classic confrontation over how best to manage Kenya`s wild lands, public interest attorney Nixon Sifuna has challenged government plans to allow the destruction of 10% of Kenya`s remaining woodlands.

Nixon Sifuna, Kenya

The stakes are high in this case. As the Los Angeles Times reported:

"Government plans to turn thousands of acres of forest land into settlements for squatters have sparked widespread outrage among environmentalists, politicians and concerned citizens, who say the move threatens to turn Kenya into a vast desert" (4/15/01).

Nixon filed the precedent-setting "forest excision" case in Kenya`s High Court at Eldoret in March. The judge issued a temporary injunction ordering the government to halt plans allowing destruction of the woodlands.

In an interview with a local paper, Nixon said: "The government has created the impression that this is a battle between squatters and forests, which is a wrong impression as this is a battle between land grabbers and a vital natural resource" (The People, 4/25/01).

On July 16, two days after winning preliminary rulings, Nixon was arrested and imprisoned overnight in an Eldoret police cell. The details of his arrest never made the Kenyan press.

The crowd outside Kenya`s High Court at Eldoret during the second hearing of the forest case.

In August, Nixon reported another disturbing development: presiding judge Roselyn Nambuye, who issued the temporary injunction, was transferred to another post. The case is now being handled by a new judge, Justice Omondi Tunya. In October, Justice Tunya dismissed the case. Nixon is now evaluating whether to appeal this ruling.

E-LAW U.S. Staff Attorney Jennifer Gleason says, "I`m sure Nixon will persevere. When I met him in Eldoret in May I could see his strong commitment to the environment and human rights. I can`t imagine they will scare him away. Their tactics will only make him stronger. Even if the government beats him in this case, he`ll soon be back in court with another case."

Nixon learned about the E-LAW network earlier this year. He did not have a computer, so he traveled to a local cyber cafe to tap legal and scientific resources from E-LAW advocates around the world. E-LAW U.S. has now equipped him with a computer and continues to work closely with him.

Travel Notes: Working Exchange Fellows

E-LAW U.S. hosts public interest lawyers and scientists in Eugene to help them gain the skills and resources they need to be more effective environmental defenders.

Meet our most recent Working Exchange Fellows.

Victoria Jamali, Iran

Victoria Jamali
Tehran, Iran

An environmental movement is emerging in Iran. Today, Iran has more than 250 environmental NGOs. Ten years ago there were none.

Victoria Jamali, an assistant professor in the Graduate Faculty of Environment at the University of Tehran, is a leader in Iran`s environmental law movement. Victoria is at E-LAW U.S. this fall to learn how groups in the U.S. and around the world participate in civil society and protect the environment.

Victoria founded Iran`s first environmental law NGO, the Iranian Society of Environmental Law. She is also a founder of the Women`s Society Against Environmental Pollution and a member of the Iranian Society of Environmental Experts.

Victoria first came to E-LAW U.S. in 1999 on a study tour sponsored by Search For Common Ground (Search). In May 2001, Victoria helped Search conduct a workshop at the University of Tehran to develop a graduate program in environmental law. E-LAW U.S. Executive Director Bern Johnson participated in that workshop.

While in Eugene, Victoria is working with E-LAW U.S. staff on environmental challenges facing Iran, including regulations and monitoring of sewage treatment programs in Tehran; citizen enforcement of environmental laws; and the environmental and social impact of a highway from Tehran to the Caspian Sea.

Raquel Gutiérrez Nájera, Mexico

Raquel Gutiérrez Nájera
Guadalajara, México

Attorney Raquel Gutiérrez Nájera has been working for many years to protect Lake Chapala, one of Mexico`s most important watersheds. While in Eugene this summer, Raquel received the good news that the Government of Mexico accepted her draft decree to protect this critical watershed.

At E-LAW U.S., Raquel tapped legal and scientific resources for her work protecting Lake Chapala. She also gathered resources to educate Mexican citizens about toxic emissions from local industries, followed up on a petition her organization filed with the Inter American Development Bank challenging a proposal to construct two 250 megawatt power plants near Sierra del Abra Tanchipa Nature Reserve, and studied English at the University of Oregon`s American English Institute.

Raquel is the Executive Director of Instituto de Derecho Ambiental (Environmental Law Institute), a non-profit organization founded in 1997 to help Mexican communities protect the environment through law. Raquel is also a professor at the University of Guadalajara, where she has conducted research on environmental law since 1986. She received an "Ecological Merit Award" from Mexico`s Secretary of the Environment in June for her work protecting Lake Chapala and other fragile ecosystems.

José Ignacio Pinochet, Chile

José Ignacio Pinochet
Santiago, Chile

Attorney José Ignacio Pinochet is at E-LAW U.S. this fall to study the potential environmental impacts of extending the North American Free Trade Agreement to Chile. He is also reviewing the Environmental Impact Assessment for a proposed multi-million dollar aluminum production plant and weighing the impacts of a proposed Canadian/Chilean project to build hydroelectric plants in Aysen and Coyhaique in southern Chile. In addition to his legal work, José is enrolled at the University of Oregon`s American English Institute.

José is the Executive Director of Fiscalía del Medio Ambiente (FIMA), Chile`s leading environmental law NGO. FIMA has called on the E-LAW network to help challenge U.S. timber giant Boise Cascade and other companies seeking to log Chile`s native forests. E-LAW U.S. is working with FIMA to hold workshops for indigenous communities on citizens` rights and protecting natural resources. In September, FIMA held a workshop in Arica, where children have suffered after being exposed to lead- and arsenic-laced mining wastes abandoned by a Swedish company.

Travel Notes: Conservation in Costa Rica

Cypress swamp, Cahuita National Park (Photo: Nicole Kibert)

E-LAW advocates from Latin America are rafting Costa Rica`s Pacuare River and tagging sea turtles at Tortuguero Research Station as part of a University of Florida/University of Costa Rica joint program in environmental and land use law.

In addition to outdoor adventures, young Latin American environmental attorneys and students join U.S. students to study and work on "in-region real world projects," says Tom Ankersen, long time E-LAW partner. Tom, a professor at the University of Florida`s Frederic G. Levin College of Law, is Director of the Costa Rica program. E-LAW works with Tom to identify young lawyers and law students in the Americas who would benefit from the program.

E-LAW advocates from Belize, Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Jamaica and Mexico have all participated in the Costa Rica program through generous support from the John D. and Catherine T. MacArthur Foundation.

This summer, E-LAW advocate Pablo Villanueva from Brazil and scientist Gina Avila from Belize worked with University of Florida student Cynthia Wilkerson on a petition to UNESCO to establish the Rio Bravo protected area as an international biosphere reserve. E-LAW advocates Giovan Reyes from Mexico and Maria Jimenez from Costa Rica teamed up with a University of New Mexico student to review a draft water law proposed by the government of Costa Rica.

"To be in the same classroom with people from around the Americas, sharing points of view on environmental issues, was invaluable," says Astrid Puentes, staff attorney at Fundepublico, Colombia`s leading environmental law NGO.

"The Costa Rica program is tremendous. It is helping build a corps of committed lawyers working to protect the environment in Latin America," says Lori Maddox, E-LAW U.S. Associate Director.

Headlines: E-LAW in the News, Autumn 2001

Belching buses in Delhi

September 28, 2001 — "I never thought I would have to suffer for so many years," says E-LAW advocate M.C. Mehta in a New York Times article on efforts in India to banish polluting buses. Sixteen years ago, M.C. filed a public interest lawsuit to reduce vehicle emissions. The New York Times reports: "More than two years ago, the court — India`s main catalyst of environmental reform — ordered authorities to replace Delhi`s entire diesel fleet with 10,000 buses that run on cleaner compressed natural gas. A rococo bureaucracy and a lackadaisical political establishment simply have not done it." The Supreme Court extended to October 18 the deadline for buses to switch to cleaner fuel. E-LAW U.S. has worked with M.C. since 1993.

Kenyan court halts mining project

September 24, 2001 — Reuters reports that plans by a Canadian company seeking to mine titanium eight miles from Kenya`s Indian Ocean coastline have been halted by the court. Tiomin Resources Inc. had asked the Kenyan government for permission to begin the $165 million project.

In a related story, The Nation (Kenya, September 22, 2001) reported that scores of farmers from Maumba and Nguluku, represented by Attorney Ngibuini Gikandi, had challenged the project for its inadequate relocation plan and inadequate environmental impact assessment. E-LAW U.S. Staff Attorney Jennifer Gleason met with Gikandi in Mombasa earlier this year and reviewed part of the project`s environmental impact assessment.

Pesticide safety in the U.K.

September 10, 2001 — Reuters reports that a biotechnology company is challenging a request by Friends of the Earth U.K. for information on the environmental and health effects of glufosinate ammonium, a pesticide used on genetically modified crops. E-LAW advocate Peter Roderick, the group`s legal advisor, says: "People have a right to know if pesticides being sprayed on GM crops are safe." Aventis CropScience says the information is commercially sensitive and has taken the British government to court over plans to make information about the pesticide available to the public.

Uganda unveils first anti-tobacco billboard

September 6, 2001 — The New Vision (Uganda) reports that E-LAW advocates at The Environmental Action Network Limited (TEAN) have unveiled the nation`s first anti-tobacco billboard at Kampala Rugby Football Club.

The billboard reads: "Be Cool, be a winner, don`t smoke: Tobacco is a danger to you."

E-LAW advocate Phillip Karugaba says, "Truth needs to be told. Tobacco is the world`s leading cause of preventable death. We are gratified that we are using the billboard that was used to advertise cigarettes on this rugby field."

Developments in a case filed by TEAN asking the High Court of Uganda to restrict smoking in public places have received considerable press. On August 29, The New Vision reported that Justice Herbert Ntabgoba overruled preliminary objections raised by the state seeking dismissal of the case. On July 14, The New Vision reported that British American Tobacco`s attempt to join the suit as respondents was also dismissed.

Brazil environmentalists fight to preserve Amazon

September 7, 2001 — Reuters reports: " A Brazilian congressional commission approved a bill that environmentalists say could accelerate destruction of the Amazon jungle, the world`s largest tropical forest, if it becomes law.... [the bill] calls for local environmental and land-use studies and proposes allowing current limits on logging on private land in the Amazon to be relaxed if the studies support the change."

In an earlier Reuters report on the bill (August 28), André Lima from Instituto Socioambiental (ISA) said: "In practice, this implies the possibility for the complete elimination of the obligation of maintaining a legal reserve set aside in the Amazon." E-LAW has been working for many years with advocates at ISA seeking to protect the Amazon.

Mining in Tanzania prompts calls for investigation

July 18, 2001 — The Guardian (Tanzania) reports that the Lawyers` Environmental Action Team (LEAT) has asked President Mkapa to form a team to probe allegations that small scale miners were killed in 1996 after they rejected a government order to evict miners in Bulyanhulu, 50 km south of Lake Victoria. LEAT is also calling for a review of an agreement between the government of Tanzania and Kahama Mining Corporation, a local company owned by Barrick Gold Corporation of Canada. Kahama Mining Corporation is owner of the mines. In his letter to President Mkapa, LEAT president Rugemeleza Nshala said: "It is obvious this investment is not of benefit to Tanzania but it transfers the country`s resources outside." LEAT is the home of E-LAW Tanzania.

Chilean activists say bilateral trade accord with U.S. benefits few

June 13, 2001 — The Washington Post Online reports that Chilean activists traveled to Washington, D.C. to speak with lawmakers about their country`s citizen opposition to U.S.-Chile trade negotiations. "Here they say we are in agreement" with the government`s position, said Miguel Fredes, president of the Southern Environmental Law Center, "but we are not."

Miguel and others claim Chile`s labor policies, dating back to the dictatorship of 1973-1990, favor business and have weak environmental protection. The activists say side agreements to the accord on those issues won`t be enough to enforce compliance without the weight of trade sanctions. E-LAW U.S. has worked with Miguel for several years.

Inside E-LAW: Goldman Prize, Carolyn Sykora, Give for Change, Earth Share

Goldman Prize Nomination

Now in its twelfth year, the Goldman Environmental Prize awards $125,000 each to environmental heroes from six continental regions. E-LAW U.S. now joins the Goldman Prize`s network of 32 nominating organizations.

The prize, known as a "green Nobel," has made an enormous contribution to the work of four advocates who have worked with E-LAW for years: Vera Mischenko (Russia, 2000), Samuel Nguiffo (Cameroon, 1999), M.C. Mehta (India, 1996) and Albena Simeonova (Bulgaria, 1996). The Prize has given recognition, visibility and credibility to these advocates and their important work with communities seeking to protect local environments.

Carolyn with E-LAW supporter Martha Russell and her dog Bijou

Moving On

A fond farewell to Carolyn Sykora, who left E-LAW U.S. in September to pursue other interests. Carolyn joined E-LAW U.S. as Development Director in 1993.

Give for Change

E-LAW is now featured on Working Assets` Give for Change web site. Working Assets donates 1% of its profits every year to progressive, social change organizations. As always, all gifts to E-LAW are tax-deductible.

Earth Share

E-LAW was selected to participate in this year`s Earth Share campaign. Earth Share is a federation of America`s leading non-profit environmental and conservation organizations that promote environmental education and charitable giving through workplace giving campaigns.

As an Earth Share member, E-LAW will be featured in the Combined Federal Campaign for all government employees. If you are a federal employee or your company hosts an Earth Share event this fall, please consider designating your gift to E-LAW. Designate 0956 on your pledge form.