Victories & Steps Along the Way: Chile, South Africa, Malaysia and Brazil

Chilean Company Must Clean Up Toxic Environment

A home in Arica, Chile, near the original dump site.

Arica, Chile – E-LAW U.S. has worked for many years
with partners in Chile to remedy environmental
contamination in Arica, a town near Chile`s northern
border with Peru. In the mid-1980s, a Chilean company
imported 20,000 tons of lead- and arsenic-laced mining
wastes to Arica for reprocessing. The company later
abandoned the wastes. Later, children living in lowincome
housing near the wastes were found to have
dangerously high levels of lead and arsenic in their
bodies. E-LAW U.S. worked with advocates at Fiscalia
del Medio Ambiente (FIMA) as they filed a case in local
court to force authorities to remediate the contaminated
area and compensate the affected citizens. Although
the government moved the waste piles to a ravine just
outside of Arica, a substantial amount of contaminated
soil was left behind. In August 2004, the court in
Arica ordered the Chilean company, including two of
its officers, to bear the costs of remediating the
environmental damage caused by its import of wastes.

South Africa to Pass Strict Air Quality Standards

Cape Town, South Africa – South Africa`s parliament
is overhauling the country`s principle air quality
legislation. The first draft bill represented a significant
step backwards. The bill would have delayed enactment
of strict ambient air quality standards by delegating
this task to an administrative agency; and the bill would
have weakened air quality permits required of industrial
polluters by allowing emission limits in these permits
to be based solely on technology that is "practical."
E-LAW advocate Angela Andrews, at the Legal
Resource Centre in Cape Town, is representing the public
in parliamentary deliberations on the draft legislation.
She sought assistance from E-LAW U.S. to improve the
bill. E-LAW U.S. provided Angela with examples of how
legislation from the U.S. and other countries provides
for strict ambient air quality standards and requires
industrial polluters to achieve emission standards based
on the "best available technology."
In August, Angela reported that the parliament had
re-written the draft bill to correct the defects. As it
heads to passage, South Africa`s air quality legislation
will include strict ambient air quality standards and
require polluters to install the best available air pollution
control technology for controlling air pollutant emissions.

Malaysian Factory Ordered to Reduce Toxic Emissions

CAP attorneys, front left, join families from Chemor.

Chemor, Malaysia – More than 60 families live near a
rubber factory in the village of Chemor. For many years,
the factory has been a constant source of noxious
fumes, including hydrogen sulfide, which causes
breathing difficulties, sleep disorders, headaches,
nausea, eye irritation, fatigue, and more. E-LAW U.S.
supported efforts by local advocates with the Consumers
Association of Penang (CAP) to bring relief to the
villagers. E-LAW U.S. helped CAP obtain and interpret
ambient air quality data showing that families in
Chemor were breathing levels of hydrogen sulfide
hundreds of times higher than the standard permitted
by the World Health Organization! CAP filed a lawsuit
in the High Court of Ipoh seeking an injunction to stop
harmful emissions from the factory. In May, the factory
agreed to a court-supervised settlement to implement
specific measures within 21 days that will substanitally
reduce toxic emissions of hydrogen sulfide.

Advocates in Brazil Conserve Arvoredo Biological Marine Reserve

Florianopolis, Brazil – Grassroots attorneys at
APRENDER (Action to Preserve Natural Resources and
Promote Sustainable Development) have been working
with fishing communities, diving companies, and other
stakeholders since 2002 to draft a management plan to
protect the Arvoredo Marine Reserve — an archipelago
off the coast of Florianopolis in southern Brazil.
In July, APRENDER presented its plan to more than
100 government and local community representatives.
The Plan was approved by the Ministry of the
Environment (IBAMA) and will soon be signed into law.
E-LAW U.S. has worked with advocates at APRENDER
since 2001 to educate communities in Brazil about
protecting the environment through law.

Ecopravo-Lviv Hosts 2004 E-LAW Annual International Meeting

Ecopravo-Lviv staff

E-LAW advocates at Ecopravo-Lviv did a tremendous job hosting this year`s E-LAW Annual International Meeting (May 15-20) in Slavske, Ukraine, a small village on the edge of the Carpathian Mountains.

Thirty-six E-LAW advocates from 11 countries traveled to Ukraine to work together to further their pioneering efforts to protect the environment, public health, and human rights around the world. Meeting participants hailed from Ukraine, Moldova, Russia, Hungary, Czech Republic, Slovakia, Bulgaria, Peru, Chile, Swaziland, Tanzania, and the U.S.

Many grassroots advocates work in isolation, without access to the legal, scientific, and communications tools they need to help communities defend the environment and protect public health.

E-LAW Annual Meetings break this isolation by bringing together environmental advocates from around the world for face-to-face training and collaboration.

E-LAW advocates learned from each other`s efforts to protect ecosystems in their home countries. For example, lawyers and scientists at Ecopravo-Lviv presented their ongoing work protecting the Danube Delta. Ecopravo-Lviv is challenging the Ukrainian government`s ongoing canal project connecting the Danube River and the Black Sea. The canal could have a significant impact on the unique environment of the Danube Delta. The Delta has been internationally recognized as a Biosphere Reserve under UNESCO`s Man and the Biosphere Programme (1998) and a Wetland of International Importance under the Ramsar Convention in 1995.

Defending Bolivia`s Biodiversity

Meche Lu

The forests of the Tropical Andes contain unparalleled biodiversity and are home to thousands of endemic species of plants and animals. Some scientists estimate that only 25% of original forest land in the Tropical Andes is still intact. Small-scale agricultural burning and resource extraction activities threaten to destroy what remains of this irreplaceable forest land.

E-LAW U.S. Environmental Research Scientist, Meche Lu, traveled to Bolivia earlier this year to help SBDA educate communities near Madidi National Park, one of the world`s most pristine rainforests. The following is her report.

I recently returned from Santa Cruz where I helped SBDA reach out to community leaders from Ixiamas, a remote village on the outskirts of the Madidi National Park, one of the world`s most pristine rainforests.

E-LAW partners at the Bolivian Environmental Law Society (SBDA) are educating local communities about protecting private and public forests through law. Together, we facilitated a workshop for a dozen participants who traveled overland from Ixiamas to Santa Cruz. The trip took them two days. The leaders from Ixiamas were eager to hear about the impacts of deforestation, the dangers of gold mining in rainforest rivers, and stories from communities around the world working to protect forest resources. Forests in Bolivia`s tropical Andes are home to thousands of endemic plant and animal species. Bolivia`s 1996 Forestry Law created innovative legal mechanisms to protect Bolivia`s unique ecosystems. Agrupaciones Sociales de Lugar (ASLs) are a legal mechanism that enables Bolivian citizens living near publicly-owned forest lands to gain the authority to manage these forests sustainably. Private land owners may create Reservas Privadas del Patrimonio Natural (RPPNs) to protect forests on private lands.

Workshop participants, Ixiamas, Bolivia

E-LAW U.S. is working with partners in Bolivia to help local communities use these legal mechanisms to protect biodiversity on both public and private forest lands. SBDA`s workshop in Santa Cruz strengthened the skills of ASL leaders to manage local forests.

The leaders from Ixiamas were inspired by my stories of E-LAW advocates around the world. I told them about M.C. Mehta`s efforts to clean up the Ganges River, Lottie Cunningham Wren`s work protecting the lands of indigenous communities on the Atlantic Coast of Nicaragua, and Victor Ricco`s work getting clean water for a low-income community on the outskirts of Cordoba, Argentina.

One participant said, "Now I know that we can make changes for our community too." Participants asked many questions and were eager to learn. They wanted to know about the environmental and health effects of mercury used in artisanal gold mining in the Amazon. I shared with them the experiences of communities in Brazil, Ecuador, and Peru that are working to keep mercury from contaminating their rivers. Later, workshop participants asked local authorities to help protect the rivers. The authorities expressed their concern and said they would work on it. For a community that did not know anything about mercury before the workshop, I consider this a good outcome!

Meche’s work in Bolivia was made possible by generous support from the John D. and Catherine T. MacArthur Foundation.

Bolivia at a Glance

The Lonely Planet Guide says: "Bolivia has five geographical regions: The highly populated Altiplano, a 11,480 foot plateau that stretches from the Peruvian border north of Lake Titicaca southwards to the Argentine border; the highland valleys, which lie to the south and east of the Altiplano and which boast near optimum climatic conditions and fertile soils; the Yungas, which form the transition zone between the icy peaks of the Andes and the steamy Amazonian forest; the Chaco, a hot, dry, impenetrable and uninhabited plain along the Paraguayan and Argentine borders; and the underdeveloped swamps, savannas, scrub and rainforest of the Amazonian Basin, which occupies much of the north and east of the country. "Due to its relatively sparse population, lack of development and diverse geography, Bolivia is one of the best places on the continent to see South American wildlife. Fauna include the rare spectacled bear, jaguar, vicuna, llama, alpaca, anteater, tapir, capybara, turtle, alligator, rhea and condor. Although Bolivia has a fairly good national park system, encroachment into the lowlands of the Amazonian Basin by settlers is increasing, and the huge fortunes awaiting those prepared to exploit the area`s mineral, agricultural and timber resources have made environmentalism a less convenient posture for the government to adopt."

http://www.lonelyplanet.com

In Danger: Sangre de Grado

The bark and resin of Sangre de Grado (Dragon`s Blood) has been used as a local medicine by indigenous peoples in Bolivia, Colombia, Ecuador, and Peru for generations. Sangre de grado grows in the upper Amazon area of the Tropical Andes, which is one of the richest and most biologically diverse regions in the world. Sadly, this plant is one of many medicinal plants endangered by rapid deforestation.

Sangre de Grado (Croton lechleri) takes its name from the red resin that oozes from the bark when branches are cut. Scientific research has confirmed the plant`s healing properties. Sangre de Grado is used externally to heal wounds, rashes, and insect bites and internally for viral and bacterial infections, hemorrhaging, cancer, and ulcers.

Logging in the Tropical Andes threatens to decimate a rich repository of biodiversity. Bolivia alone has lost half of its original forest cover. With forests being destroyed at a rate of 1,500 square kilometers per year, Bolivia has one of the world`s highest rates of deforestation.

E-LAW partners at SBDA are currently working with indigenous communities in Bolivia to promote sustainable forest management, which is crucial for the survival of endangered plants like Sangre de Grado.

Headlines: E-LAW in the News, Summer 2004

Developers in Bangladesh Add to Flood Misery

Rizwana Hasan

August 13, 2004 – BBC News reports that Dhaka`s natural drainage system has been crippled by rogue developers who have recklessly built into lakes, wetlands, and even rivers. The report credits E-LAW advocate Rizwana Hasan, from the Bangladesh Environmental Lawyers Association, for challenging the developers in court, and winning. Rizwana says her legal action is a good start, but court rulings may not be enough to hold back the clamor for space. Bangladesh is among the world`s most crowded countries. E-LAW U.S. has worked with Rizwana since 1996.

Unhappy residents watch as sand dunes are destroyed.

Call to Halt Sand Dune Mining in Sri Lanka

July 15, 2004 – The Daily News (Sri Lanka) reports that the Center for Environmental Justice(CEJ) has asked Sri Lanka`s Ministry of the Environment and Natural Resources to stop sand mining in the Puttalam Dunes in southwestern Sri Lanka. E-LAW advocate Hemantha Withanage, CEJ Executive Director, warns that mining the dunes disrupts vital ecosystems and could destroy the region`s fragile water table. According to Hemantha, so called "permit-holders" are violating the law and mining sand without proper licenses.

Cigarette Maker Circumvents Smoking Ban

July 7, 2004 – Delhi Newsline reports that India`s recent ban on smoking in public places and advertising tobacco products did not stop cigarette maker Godfrey Phillips Ltd. from parking a `Mobile Smoking Lounge` outside two popular malls in Gurgaon. E-LAW partner M.C. Mehta states: "They have basically adopted a new methodology to advertise their products."

Smoking and tobacco advertisement bans came into force in India in early May under India`s Anti-Smoking Act, which the Parliament passed in April 2003.

In 1999, E-LAW partner P.B. Sahasranaman was the first person to raise the question of whether smoking in public places violates the right to life under Article 21 of India`s Constitution. The High Court of Kerala decided in favor of Sahasranaman, and the Supreme Court of India confirmed this decision in 2001.

UN Security Council Holds Firm on Liberia Sanctions

Lawyers at Green Advocates

June 28, 2004 – The Analyst (Liberia) reports that E-LAW partners at Green Advocates are celebrating a decision by the UN Security Council to keep Liberian timber and diamond export sanctions in place. E-LAW U.S. has worked since 2001 to build Green Advocates, Liberia`s first public interest environmental law organization.

The UN imposed sanctions against Liberia in 2001 to discourage former President Taylor`s government from supporting revolutionary forces in Sierra Leone and stop government-sponsored pillage and plunder of natural resources. Government sponsored human rights violations and socioeconomic inequality in Liberia have reinforced a cycle of violent civil conflict.

Inside E-LAW U.S.: Michael Zschiesche, SBDA Directors, Chinese attorneys

Working Exchange Fellow: Michael Zschiesche, Germany

Michael, Birgit, Cora and Julian

Michael Zschiesche has worked to protect the environment through law in Germany for many years. He traveled to Eugene in June for an 8-week Working Exchange Fellowship at E-LAW U.S. He was joined by his wife Birgit, and their two children, Cora (3 yrs.) and Julian (1 yr.).

Michael directs the Environmental Law Division of the Independent Institute for Environmental Concerns (UfU) in Berlin. UfU was founded in 1989 by 40 scientists seeking to protect and restore Germany`s ecological balance. UfU promotes public participation, social equity, and economic stability. Michael is one of two lawyers on staff.

During his fellowship at E-LAW U.S., Michael worked with E-LAW U.S. Staff Attorney, Jennifer Gleason, to learn about U.S. law and the environmental impact assessment (EIA) process. He also learned more about the work of E-LAW and vowed to get more German attorneys engaged in the E-LAW network to help colleagues in less industrialized nations.

Michael is a good role model. Through UfU, he has reached out to grassroots advocates in Vietnam to enhance public participation in that nation`s environmental decision making. Under Michael`s direction, the Aarhus Convention is now available in Vietnamese and partners in Vietnam are working to ensure public participation in Vietnam`s EIA process.

In the future, UfU plans to create an education center in Vietnam where citizens can learn about the pressing environmental issues facing their nation.

While in Eugene, Michael improved his English through an intensive program at the University of Oregon`s American English Institute. He said, "It will be easier for me to collaborate with E-LAW advocates in the U.K. We would like to work together to bring more western Europeans into the E-LAW network."

Study Tour from China

Attorneys Xiang Liu and Hongda Lu visited E-LAW U.S. in May and gathered scientific support for their work cleaning up toxic air emissions from tanneries and other industries in China. Mr. Liu is a lecturer at the China Environment Management Training School. Mr. Lu helped found the Center for Legal Assistance to Pollution Victims, an organization of Chinese lawyers providing pro bono support to citizens. Mr. Liu and Mr. Lu`s visit was part of a 21-day U.S. study tour sponsored by the U.S. State Department.

SBDA Directors Visit E-LAW U.S.

Diego Gutierrez (left) and Mauricio Aguilera

Diego Gutierrez is the Executive Director of Sociedad Boliviana de Derecho Ambiental (SBDA). He traveled to Eugene in June with Mauricio Aguilera, SBDA Administrative Director. SBDA is an emerging, critical force in protecting Bolivia`s forests. Diego and Mauricio participated in a six-week Working Exchange Fellowship at E-LAW U.S. to build the capacity of SBDA to protect the environment through law in Bolivia. They learned about public interest environmental law in the U.S. and worked with E-LAW U.S. Associate Director, Lori Maddox, and Communications Director, Maggie Keenan, to strengthen SBDA`s strategic planning, board development, fundraising, media outreach, and advocacy. At the end of their fellowship, they traveled to Chicago, New York, and Washington D.C. with E-LAW U.S. Executive Director, Bern Johnson, to meet with U.S.-based grantmakers.

Thanks!

Matt, Sarah and Rebecca

Volunteers and interns provide invaluable help to E-LAW U.S. and grassroots advocates around the world. Photographed here are (left to right): Matt Wibbenmeyer, Sarah Piazza, and Rebecca Noblin.