Headlines: E-LAW in the News, Autumn 2003

Defending Human Rights in Latin America

September 15, 2003 -- Telenoticias Channel 7 (Costa Rica) reports that 20 leading grassroots attorneys from 11 Latin American countries met in San Jose to learn about the Inter-American Court of Human Rights and how to use this regional court to defend the environmental rights of disadvantaged communities. The five-day workshop was hosted by E-LAW U.S. and the Inter-American Institute of Human Rights, with support from the Ford Foundation (see E-LAW Advocate: Environmental Justice in Latin America).

Advocates Challenge Illegal Logging in PNG

Anne Kajir, Environmental Law Centre, PNG

August 15, 2003 -- E-LAW advocate Anne Kajir from Papua New Guinea traveled to Canberra, Australia, to challenge illegal logging and human rights abuses. In an interview on Radio Australia’s Pacific Beat, Anne said: “When the land owners do actually stand up and talk about the rights to their land, you know, the sacred sites the water grounds, they get intimidated by the police… We have tried the best that we can to bring these issues to the [PNG] government. But it’s been very difficult, so we’ve come down here to Canberra to talk with the politicians so that they can talk with the politicians back home.” Anne is a staff attorney at the Environmental Law Centre. She has worked with E-LAW U.S. to protect the environment and human rights in PNG since 1998.

Struggle to Phase Out Leaded Gas in South Africa

August 15, 2003 -- The Business Report (South Africa) reports that E-LAW Advocate Angela Andrews in Cape Town is making her voice heard at public hearings on South Africa’s Petroleum Products Amendment Bill. At the public hearing, Angela countered arguments by representatives of the gasoline lead additive industry that the health implications of lead in petrol had not been conclusively proven. The gasoline lead additive industry seeks a four-year extension on a government mandate to phase out leaded gas production in South Africa by 2006.

Angela is a staff attorney at the Legal Resources Centre in South Africa. Angela and other advocates at LRC have worked with E-LAW U.S. for many years to protect the environment and public health in South Africa.

Ugandan Advocates Seek Ban on Dangerous Plastics

Sarah Naigaga, Greenwatch, Uganda

July 22, 2003 -- The New Vision (Uganda) reports that Greenwatch, a leading environmental NGO in Uganda, has filed suit against the National Environmental Management Authority (NEMA) and the Attorney General, requesting the court to order a ban on the production of polythene bags (“buveera”) and other related products. Greenwatch says these products have caused extensive damage to the environment.

NEMA and the Attorney General had asked the court to dismiss the case, saying Greenwatch had no authority to sue on behalf of the public. High Court Judge Lameck Mukasa ruled that the case should proceed, saying: “Many people do not know their rights, and a body like Greenwatch can always seek the court’s action in the interest of the public.”

Liberians Seek Ban on Natural Resources Trade

July 22, 2003 -- The Environment News Service reports that the Environmental Lawyers Association of Liberia (or Green Advocates) and other non-governmental organizations are calling for a halt to extraction and trade of Liberian gold, diamonds, and timber. The groups say funds from the sale of timber and diamonds have helped prolong regional conflicts and “exacerbated the security and humanitarian crisis in the country and the entire sub-region.” E-LAW U.S. is working with attorneys at Green Advocates and connecting them to colleagues in Africa and around the world who have formed strong organizations to help local communities protect the environment and public health.

Climate Justice

Peter Roderick, Climate Justice Programme, UK

July 15, 2003 -- E-LAW advocate Peter Roderick, a British lawyer working for the Climate Justice Programme, spoke to the Financial Times (London) about how climate change could be the next legal battlefield. Peter was also interviewed by BBC News (April 3, 2003). In the BBC report he said: “This next decade is going to see quite a lot of climate change cases around the world.” A 2001 UN Intergovernmental Panel on Climate Change report stated that it was “likely” that human activities were forcing the global climate to warm up. “Civil courts usually require a 51% proof of certainty, which is an interesting issue in terms of scientific levels of proof and legal levels of proof,” said Peter. Protecting the climate through law is a complex undertaking. E-LAW U.S. has been working with Peter to move the process forward, and recently helped him launch a website for the Climate Justice Programme: http://www.climatelaw.org.

Chilean Environmentalists Hail Alumysa Victory

Francisco Ferrada, FIMA Staff Attorney, is interviewed by Claude Offenbacher at KLCC-FM radio in Eugene, Oregon. Francisco was at E-LAW U.S. for a 10-week Working Exchange Fellowship earlier this year.

E-LAW advocates at Fiscalía del Medio Ambiente (FIMA) in Chile received exciting news in August. A Toronto-based mining company, Noranda Inc., has canceled plans to build one of the world’s largest aluminum plants. The infamous “Alumysa Project” in central Patagonia called for damming three wild rivers and flooding old growth forests—threatening dozens of endangered species.

Aluminum production requires enormous quantities of energy. Although Chile does not have a large market for aluminum products and does not possess the aluminum ore necessary for aluminum production, its potential to produce inexpensive hydroelectric power makes it attractive to energy intensive industries.

E LAW U.S. has worked with advocates at FIMA for many years to protect the environment through law in Chile. At FIMA’s request, E-LAW U.S. Staff Scientist Mark Chernaik and Environmental Research Scientist Meche Lu evaluated Noranda’s Environmental Impact Assessment (EIA) of the Alumysa project. Their evaluation revealed that, contrary to Chilean law, Noranda failed to consider alternative locations for the project or the use of clean-burning natural gas imports to power the plant. Another serious flaw in the EIA was its extremely limited information about the flora and fauna that would be impacted by the $2.7 billion project.

E-LAW U.S. congratulates FIMA for its hard work protecting Chile’s unique ecosystems.

Fernando Dougnac Wins Chile`s 2003 Environmental Prize

Fernando Dougnac, FIMA, Chile

E-LAW U.S. congratulates FIMA`s president, Fernando Dougnac, for receiving the Government of Chile`s 2003 National Environmental Prize for "Protection and Conservation of Biodiversity."

On receiving news of his award, Fernando wrote to E-LAW: "I want to share this prize with all of you since the exchange of ideas and information through the E-LAW network has been one o fthe most important sources of motivation and support throughout my career as an environmental lawyer."

Chilean Citizens Seek Information

June 3, 2003 -- La Nacion (Chile) reports that E-LAW advocates at Centro Austral de Derecho Ambiental (CEADA) and citizen groups filed a complaint against the State of Chile before the Inter-American Commission on Human Rights. The petition demanded access to information and public participation regarding issues of biotechnology, biosafety, and the release of transgenic organisms. E-LAW U.S. has worked with advocates at CEADA since 1999.

Pipeline May Jeopardize Turkish Entry to European Union

July 10, 2003 -- E-LAW advocate Phil Michaels, a legal adviser to Friends of the Earth (London) says the Baku-Tbilisi-Ceyhan oil and gas pipeline puts Turkey in violation of its accession agreements for entry into the European Union. The Environment News Service interviewed Phil and other environmental advocates about the environmental and human rights impacts of the thousand-mile, $3.5 billion pipeline being constructed between the Caspian Sea and the Mediterranean Sea. The pipeline will pass through Turkey, Azerbaijan, and Georgia, and cross 20 major rivers.

Phil was recently in Oregon at the 2003 E-LAW Annual International Meeting. E-LAW U.S. is working with Phil and other grassroots advocates around the world to challenge ill-advised pipeline projects.