Environmental Justice in Latin America

Environmental advocates from Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Panama, Peru, and the U.S. gather at the Inter-American Court of Human Rights

When an indigenous community on Nicaragua`s Atlantic coast won a landmark decision protecting their rights to communal lands, E-LAW advocates around the world were exhilarated. Now, E-LAW U.S. is helping advocates throughout Latin America learn the lessons of this monumental decision.

For years, the Nicaraguan government had rejected efforts of the Mayagna indigenous community of Awas Tingni to gain title to their communal lands. When the government sold logging rights on this land to a multinational corporation, the Awas Tingni community pursued their claim in Nicaraguan courts. When they were denied justice, they petitioned the Inter-American Human Rights Commission in Washington, D.C. The Commission then brought the claim to the Inter-American Court of Human Rights in San Jose, Costa Rica.

The Court issued a tremendous ruling, ordering the government of Nicaragua to demarcate and title indigenous lands throughout Nicaragua. For the first time, the Court recognized that indigenous communities have a human right to their customary lands and ordered a government to recognize this right.

E-LAW advocates shared news of this tremendous victory through the E-LAW network. Nicaraguan lawyer Lottie Cunningham Wren, a Miskito Indian who worked on the case, traveled to Eugene to work with E-LAW U.S. and help other lawyers in the network learn about her work. Several E-LAW advocates have claims pending in the Inter-American system or are planning to bring claims.

These lawyers and others were eager to learn more, so in September, E-LAW U.S. brought together 17 leading Latin American attorneys for a five-day workshop in San Jose to learn about defending the human right to a healthy environment. Workshop participants traveled from 11 countries to participate in the five-day training, held in close collaboration with the Inter-American Institute of Human Rights.

The Inter-American Commission on Human Rights is one of two bodies in the inter-American system for the promotion and protection of human rights. In 1965, the Commission was authorized to examine complaints or petitions regarding specific cases of human rights violations. In 1980, the Inter-American Institute of Human Rights (IIHR) was sanctioned by the Commission and the Government of Costa Rica to conduct human rights research and training.

E-LAW advocates brought a wealth of personal experience enforcing environmental law domestically to the workshop, while trainers from IIHR brought knowledge of the inter-American human rights system. Attorney Victor Rodriguez Rescia, an IIHR consultant and former Deputy Secretary of the Court, led the five-day workshop. Professor James Anaya of the University of Arizona College of Law, a lead attorney in the Awas Tingni case, traveled to Costa Rica to share his experiences with the group.

Participants found the training enormously valuable and said it would help them bring successful claims before the court to protect environmental human rights.

Another workshop highlight was a visit with Costa Rica`s President Abel Pacheco and Allan Flores Maya, Vice Minister for the Environment and Energy. E-LAW U.S. Executive Director Bern Johnson, and Fernando Dougnac, founder of Fiscalia del Medio Ambiente, Chile`s leading environmental law organization (see page 5), thanked President Pacheco for his courageous stand against oil exploration on Costa Rica`s coast. E-LAW advocates in Costa Rica worked hard to protect fragile ecosystems and indigenous lands from the dangers of oil exploration. Halting oil exploration in Costa Rica was an important part of Pacheco`s presidential campaign and he has stood behind this commitment since he took office in 2002.

E-LAW U.S. thanks the Ford Foundation, Victor Rodriguez Rescia (IIHR), James Anaya (University of Arizona College of Law), Tom Ankersen (University of Florida), Carolina Mauri (University of Costa Rica), and Carlos Manauella (University for International Cooperation) for making this work possible.