Bridges Across Borders

E-LAW advocates around the world are proving that people can collaborate across borders to build a sustainable future.

L to R: Candis Hamilton, International Human Rights Law Group, Nicaragua; Hamudi Majamba, Lawyers` Environmental Action Team, Tanzania; J.B. Louveaux, EarthRights, U.K.; Patricia Mbote, University of Kenya

In Uganda, advocates challenging British American Tobacco are relying on support from colleagues in Sri Lanka, Kenya and Tanzania. Advocates in Sri Lanka working to regulate access to local genetic resources have received help from colleagues in Costa Rica, the Philippines and Nigeria. Advocates in Panama working to include indigenous communities in decisions about proposed mining projects have received support from colleagues in Mexico, Costa Rica, Colombia, Ecuador and Peru.

For over a decade, the world`s leading public interest lawyers have relied on E-LAW`s international network to get the legal and scientific information they need to help communities build a better future. This year, E-LAW U.S. Staff Attorneys and Staff Scientists will respond to 400 requests for assistance from partners all over the world.

We applaud our partners and their commitment to sharing resources across borders to build a greener future. The following are a few of our partners` recent victories.

COLOMBIA: Replanting quarries to restore ecosystems

In the barren plains ecosystem of Chipaque, south of Bogota, advocates fought for the rights of a community impacted by a sand and gravel mining company. Water is a scarce resource here. Despite this scarcity, a sand and gravel company dug a quarry that lowered the water table in the local watershed.

Fundepublico, Colombia`s leading environmental law NGO, asked the Ministry of Environment to make sure the quarry does not harm natural resources. The Ministry halted operations at the quarry and ordered the company to submit environmental management and restoration plans. When the company failed to implement key aspects of the plans, Fundepublico again turned to the Ministry, which forced the company to limit the steepness of quarry pit slopes and replant quarried areas.

INDIA: Banning a dangerous insecticide

In Kerala State, government-run cashew plantations were spraying endosulfan, an insecticide that cripples the central nervous system. Advocates believe that the aerial spraying is linked to an alarmingly high number of birth defects and neurological diseases in villages surrounding the cashew plantations. These villages went to local courts to obtain temporary orders halting the spraying of endosulfan. Following these local challenges, the Chief Minister applied the precautionary principle and banned aerial spraying of endosulfan.

AUSTRALIA: Protecting streams Down Under

In Australia, developers are required to protect a 20-meter vegetation buffer zone around developments. Advocates in Australia challenged a developer`s plans to convert land along Yow Yow Creek without protecting a 20-meter zone. A local lawyer representing citizens argued that the vegetation buffer was necessary to prevent herbicide and nutrient run-off from damaging the local waterway. The local consenting authority agreed, requiring the developer to preserve a 20-meter strip around the creek.

The developer appealed, and E-LAW U.S. provided the Australian lawyer with information in support of the buffer requirement. After the citizens` lawyer concluded oral arguments before the appellate body, one of the judges asked: "Am I limited to requiring a 20-meter buffer, or can I order a 50-meter one?" The landowner withdrew his appeal, allowing the 20-meter buffer strip requirement to stand.

BANGLADESH: Enforcing clean air provisions

Despite numerous court decisions aimed at protecting the citizens of Bangladesh from vehicular pollution, advocates at the Bangladesh Environmental Lawyers Association (BELA) claim their government is failing to implement its own air pollution initiatives.

"Even after the Government constructed five computerized vehicle inspection centers, the government is still using manual inspections that are so often blamed for manipulation and corruption," says BELA attorney Iqbal Kabir.

BELA filed a writ petition challenging the government to enforce its vehicular pollution laws. On August 23, 2001, the High Court ordered the Bangladesh Road Transport Authority to report on how its vehicle inspection centers are working and enforce a prohibition on the use of pressurized horns.

UGANDA: Representing the public interest

TEAN has constructed Uganda`s first anti-tobacco billboard at the Kampala Rugby Football Club. (Photo: Sue O`Connor)

Advocates at The Environmental Action Network (TEAN) in Uganda are working to protect non-smokers` right to life and a clean and healthy environment. TEAN asked the High Court of Uganda at Kampala to require the Attorney General and the National Environmental Management Authority to restrict smoking in public places.

The British American Tobacco Company (BAT) attempted to join the case in order to help the government defeat TEAN`s petition. BAT argued that a ban on smoking would violate BAT`s constitutional right to do business in Uganda.

The court agreed with TEAN`s argument that BAT`s business interests in Uganda were not the subject of the suit and that BAT is not directly affected by the outcome of the suit. The court said BAT cannot join the suit.

The case will now proceed with TEAN representing the public interest. TEAN member Andrew Kasirye says, "This is a great victory! With BAT out, we can now determine this matter in the best interests of public health."

SRI LANKA: Making food safe

In 1992, the World Health Organization declared potassium bromate (a dough strengthener) unsafe. Nonetheless, it is still used in some countries. Advocates at the Environmental Foundation Ltd., Asia`s oldest public interest environmental law organization, pushed for regulations to protect Sri Lankans from this dangerous food additive. In April, the government of Sri Lanka put in place new regulations stating: "No person shall import, transport, store, sell or use potassium bromate for use in the production of wheat flour."

In California, potassium bromate is listed as a carcinogen and any products containing potassium bromate must carry a cancer warning label. As a result, most bakeries in California are bromate-free. But U.S. citizens are still at risk. The U.S. Food and Drug Administration has only encouraged a voluntary withdrawal of the flour treatment agent.

PHILIPPINES: Communities cut solid waste

A coalition of environmental groups, including E-LAW partner Tanggol Kalikasan, helped enact the Philippine Solid Waste Management Act of 2001 — the first bill signed into law by the new Philippine President Gloria Macapagal-Arroyo. The new law emphasizes community-based solutions including re-use, recycling and community education. The new law also reinforces the ban on waste incineration, as set out in the Philippine Clean Air Act of 1999.