Sunday, November 30, 2014

PERU: Rights of Nature Tribunal Dec 2014

2014 Rights of Nature Tribunal

Convening parallel to Lima UN FCCC COP 20

Free & open to the public
Parallel to the UN FCCC December 2014 meetings in Lima, the Global Alliance intends to host its second International Rights of Nature Tribunal. The intention is to hear a small number of cases aligned with the UN FCCC COP 20 priorities. Selected cases will address the impacts of Climate Change, threats to the Great Barrier Reef, destructive oil and mineral extraction in Peru and South America, and protection of Defenders of the Earth such as the Bagua massacre that is on trial this year in Peru.


Gran Hotel BolivarA distinguished panel of judges will hear the cases in Lima presented by the Prosecutor for the Earth and expert witnesses.  The two day Tribunal will be held Friday 5 – Saturday 6 December at the Gran Hotel Bolivar. Gran Hotel Bolivar is in the historical center of Lima on Plaza San Martín and a short walk (1.1 km) to the Alternative Peoples Conference near Parque de la Exposición in central Lima.
Register at International Rights of Nature Tribunal – Lima.

International Rights of Nature Tribunal Background

In January 2014, the Alliance launched the International Rights of Nature Tribunal in Quito, Ecuador in conjunction with the 2014 Global Rights of Nature Summit.The Tribunal is to be a permanent international people’s tribunal for Rights of Nature.
For the initial launch in January 2014, nine diverse cases were presented to a distinguished international, multicultural panel of judges. The Universal Declaration of the Rights of Mother Earth, and in selected cases the Ecuadorian Constitution, provided the legal basis for review and judgment. Among the cases were the Chevron-Texaco pollution case (Ecuador); BP Deep Horizon oil spill (USA); Yasuní-ITT oil project (Ecuador); the endangerment of the Great Barrier Reef by coal mines (Australia); hydraulic fracturing  (USA) and the impacts of Climate Change (global). Videos and presentations from the Rights of Nature Tribunal are posted at www.therightsofnature.org/rights-of-nature-tribunal/.  Since the launch, a Chamber convening of the Yasuni-ITT case has presented a verdict in August 2014. See Yasuni Verdict.
Among the distinguished panel of judges are:
  • Alberto Acosta, economist and former President of the Constituent Assembly from Quito, Ecuador
  • Raúl Prada Alcoreza, Philosopher, sociologist, author, former member of the Bolivian Constituent Assembly of 2006-2007, Bolivia
  • Hugo Blanco, Political leader, leader of the Confederación Campesina del Perú, Peru
  • Tantoo Cardinal, actress (e.g., Dances with Wolves) from the Tar Sands of Canada
  • Blanca Chancoso, Kichwa leader and educator from Cotacachi, Imbabura, Ecuador
  • Tom Goldtooth, Dine’/Dakota, director of Indigenous Environmental Network from Minnesota, USA
  • Francios Houtart, professor, philosopher, theologian, Belgium
  • Osprey Orielle Lake, Co-Founder and Executive Director, Women’s Earth and Climate Network, USA
  • Edgardo Lander, sociologist, professor, Venezuela
  • Rocío Silva Santiesteban, National Human Rights Coordinator, author, professor, Perú
  • Atossa Soltani, founder and Executive Director of Amazon Watch, USA
  • Terisa Turner, professor Sociology and Anthropology, former UN Energy Specialist, Canada

The Story of the Global Alliance for the Rights of Nature and the International Tribunal


Cases for the International Rights of Nature Tribunal in Lima
CASE TITLETOPICCOUNTRYPERSON RESPONSIBLE
  1. Yasuní
OilEcuador
Yasuni National Park is the most biodiverse place in the Eastern Hemisphere. There are982,000hectares of Amazon forest Pleistocene refugium with the highest biodiversity on our planet. This diversity exceeds the total number of trees in the United States and Canada. It is also home to two indigenous peoples in isolation, the Tagaeri and Taromenane. Ecuador tried to stop drilling in the ITT oilblock through theYasuni-ITT Initiative. However on August 15, 2013 the government decided to exploit oil in spite of the great ecological risk given the fragility of the area.The same year civil society formed the Yasunidos Collective and collected more than750,000signaturesto call for a national consultation on the move but no action has been taken by the government to recognize the order. In January2014 the International Rights of Nature Tribunal accepted the case of the exploitation of Yasunias a potential violation of the rights of nature. Since the acceptance hearing, two special sessions heard evidence and witnessed what might happen in Yasuni, the people who live there,and transgressions to those who defend the parks uch as Yasunidos. In the April 11 session, the Tribunal formed a special Commission for the surveillance of Yasuní. During the August 15, 2015 hearing, the Tribunal condemned the violations of the rights of nature in the Yasuni and violations against its defenders.Objective of the Tribunal: review judgments of Special Sessions and issue a final ruling.
  1. Chevron-Texaco
OilEcuador
On February 5, 1964 the government of Ecuador signed the concession with the Texaco Consortium of Gulf Oil for oil exploration in the northern region of the Ecuadorian Amazon. In operation until 1992, the company operations had devastating impacts on the environment, and therefore on the area’s population. The operation deforested more than 2 million hectares, spilled more than 650,000 barrels of oil, and dumped millions of gallons of formation water and heavy metals into their area’s water sources, affecting indigenous and mestizo populations of the region. The affected communities have won major victories in the courts against Chevron/Texaco over the past 20 years of the case. However the devastating damage left by the company, both to the natural rainforest and its inhabitants remain.Objective of the Tribunal: hear more evidence and solve the case with a sentence.
  1. British Petroleum (BP)
OilGulf of Mexico
Mexico / USA
OnApril 20, 2010an explosion occurred on the”Deepwater Horizon”, operated by British Petroleum with the Swiss company Transocean. The explosion caused a spill of 5million barrels of oil into the Gulf of Mexico and killed 11workers.Oil continued to flow into the ocean, spilling between 12 and 19thousand barrels of oil daily. The spill stopped in July of that year, but the damage to the marine ecosystem persist and will persist for much longer.Objective of the Tribunal to hear more evidence and solve the case with a sentence.
  1. Hydraulic Fracking
OilGlobal
USA /Bolivia /Argentina
Hydraulic fracturing is a well-stimulation technique to release oil and gas through high-pressure injection of water, sand and chemicals into rock formations rich in hydrocarbons. This technique affects various parts of our planet and jeopardizes the rights of nature. Hydraulic fracking is a wide-spread reality in the United States and an emerging possibility in Bolivia and Argentina. The case was filed in the initial Tribunal in Quito and accepted as a possible violation of the rights of nature and the rights of people who, despite being against the technique, have to live with the devastating effects.Objective of the Court: to present evidence and further information about hydraulic fracturing as a problem in several parts of the world.
  1. Cóndor Mirador
MiningEcuador
On March 5, 2012, the Ecuadorian government signed the first contract for metal mining on a large scale with the Chinese company Corriente ResourcesSA. The agreement allows for the extraction of copper in the Cordillera del Condor, one of the most biodiverse places in the country. This project, called Mirador, affects both the natural ecosystems and indigenous peoples of the area. Despite being presented with a legal demand organized by civil society which defined violations of the rights of nature and warned of the extinction of species and impact on water sources, the Corriente company won the lawsuit leaving nature and people helpless.Objective of the Tribunal: to present evidence and additional information on the case.
  1. Conga-Cajamarca Mine
MiningPerú
In Peru four Andean lakes in the mountains of Cajamarca are threatened by Conga Mine (Newmont Mining Project, Peru Buenaventura and the International Finance Corporation) which is looking to start a $4,800 million mining project. The Guardians of the lakes have promoted large demonstrations against the destruction of their lakes. The government has responded with the criminalization of hundreds of people, beatings and arrests. Five people have died and yet no one is held responsible. The government opposes the request.Objective of the Tribunal bring the case before the Tribunal.
  1. Climate Change and False Solutions
Climate ChangeGlobal
The effects of climate change on our planet include: increases in sea level, ocean acidification, biodiversity loss, impacts on water cycles, desertification, fires, and weather event increases, among others. Half of the animals on the planet are at risk of disappearing. The Quito Tribunal accepted the case of Climate Change and advancing of false solutions as a clear violation of the rights of nature, water, animals, and people. The case raises the need to move to a system in harmony with nature to replace the capitalist model of infinite growth and accumulation. The Tribunal in Lima will hear additional evidence regarding the impacts to Mother Earth, realities of false solutions and those responsible for these crimes against nature.Objective of the Tribunal: present evidence and advance the case towards COP21 in Paris-France.
  1. Great Barrier Reef
Fossil FuelsAustralia
The Great Barrier Reef is the world’s largest coral system. It is the largest structure made by living organisms that can be seen from space. It stretches over 2,300 kilometers and has more than 3,000 individual coral systems. The reef provides life support to hundreds of species of fishes, sharks, rays, whales, dolphins and mollusks. It is designated a World Heritage site by UNESCO, an institution that in June 2011 issued a warning to the Australian government about the threat to the Great Barrier Reef due to the expansion of ports, especially for the export of coal, dredging, agricultural sediments and industrial developments near the reef.Objective of the Tribunal hear more evidence and solve the case with a sentence.
  1. Bagua
Defenders of the EarthPerú
The Law of the Jungle in Peru, refers to the application of ten legislative decrees and laws under the Free Trade Agreement between Peru and the United States dealing with the lives of indigenous peoples. In May 2008 Amazonian indigenous peoples began protests against this package of decrees, directed in favor of the transnational oil and mining corporations. These protests were confronted by government force. Five years later, 52 indigenous leaders have lawsuits against them.Objective of the Tribunal: present the case to the Tribunal
  1. 4 River Basins –
    PUINAMUDT
OilPerú
The river basins of the Pastaza, Corrientes and Tigre Rivers in Peru have been polluted for decades due to oil exploration in the Peruvian Amazon. Among the companies responsible are Occidental Petroleum and Pluspetrol. During the last year, the Ministry of Environment of Peru has declared these rivers in a “state of emergency”, but very little has been done to remedy this situation. Indigenous communities under the FECONACO and FEDIQUEP federations have mobilized through PUINAMUDT platform to protest and demand that the damage is remedied.Objective of the Tribunal: present the case before the Tribunal.
  1. Belo Monte Dam
Infrastructure /
Hydroelectric
Brazil
The Belo Monte hydroelectric plant is being built by the Norte Energia Consortium company in the Xingu river in the state of Pará, Brazil. The plant has a planned capacity of 11,000 MW, making it the second largest Brazilian hydroelectric dam, and the worlds third largest. This dam will devastate an area over 516 km2 of the Brazilian Amazon and cause the displacement of 20,000 people, affecting the livelihoods of dozens of indigenous families and communities. The Xingu basin is highly biodiverse and is home to 25,000 indigenous people from 24 ethnic groups such as the Kayapó, Arara, Juruna, Araweté, Xikrin, Asurini and Parakanã.Objective of the Tribunal: present the case to the Tribunal.
  1. REDD
ForestsGlobal/ USA/ Kenya/ Costa Rica
REDD (Reducing emissions from deforestation and forest degradation) is a global initiative to create a financial value for the carbon stored in native forests and tree plantations, soils and agriculture, including plankton and algae in the oceans. This involves the opening of the carbon cycling capacity of the Earth to economic valuation and trading in financial market systems. Indigenous peoples, forest dwellers, small farmers and peasants view REDD as a false solution for mitigating climate change that have resulted in land grabs, evictions and human rights abuses. REDD is inherently about commodifying and privatizing air, trees and land by selling nature and air to generate permits to pollute. These permits to pollute also known as carbon or emission credits are used by polluters to avoid reducing greenhouse gas emissions at source. This Tribunal on REDD and forests will listen to testimonies on the concern of REDD and other carbon and emissions trading and offset regimes violating the rights established in the Universal Declaration of the Rights of Mother Earth.
Objective of the Tribunalpresent the case to the Tribunal.

Objectives of the Tribunal

The Rights of Nature People’s Tribunal provides a vehicle for reframing prominent environmental and social justice cases and adjudicating the cases within the context of a Rights of Nature based earth jurisprudence.  While the Tribunal does not have specific legal authority, the adjudication process provides a catalyst for informed legal analysis of diverse cases, recommended mitigation based on Rights of Nature, and expanded international authority as the process matures.
With each case the Tribunal will recommend actions for reparation, mitigation, restoration and prevention of further damages and harm. The Tribunal will encourage parties to engage in mediation and restorative justice or other dialogue processes it may deem appropriate.
The Tribunal provides a framework for educating civil society and governments on the fundamental tenets of Rights of Nature and an instrument for legal experts to examine constructs needed to more fully integrate Rights of Nature.
The Tribunal process demonstrates Rights of Nature / Rights of Mother Earth as a framework for addressing Climate Change Solutions, creating a truly green economy and ending Ecocide on our planet.

Intended Results –

  1. Rulings of the Tribunal with respect to cases involving alleged violations of the Rights of Nature laws and/or the Universal Declaration of the Rights of Mother Earth;
  2. Furthered development of earth jurisprudence by writing and disseminating judgments that interpret Rights of Nature laws and the Universal Declaration and apply the related rights and obligations to the specific facts of the cases heard;
  3. Definition of proposed solutions for mitigating issues and harmful impacts related to specifics cases heard, preventing further harm and restoring the systemic health of the impacted communities.
  4. Broaden international acceptance of the concept of the Rights of Nature and of all beings and the universal observance of the rights and duties contained in the Declaration; and
  5. Demonstration of how the application of the rights and duties contained in Rights of Nature laws and the Universal Declaration of the Rights of Mother Earth promotes the harmonious co-existence of humans and other beings in a manner that enhances the integrity, health and functioning of the Earth community.
Click for Map of Lima

  • Dec 5 at 8:30am to Dec 6 at 7:00pm in PST


  • Gran Hotel Bolivar Plaza San Martin, Jirón de La Unión 958 - Lima
Around the world, people are realizing that our laws fail to respect nature’s rights to exist, thrive and evolve. Treating nature as merely property is harming both people and the environment. Parallel to the UN Climate Change Convention, the Global Alliance for the Rights of Nature will host its second International Rights of Nature Tribunal.

The Tribunal will review a diverse selection of cases aligned with UN FCCC COP20 priorities within a Rights of Nature context. The various cases will address the impacts of Climate Change, destructive oil and mineral extraction in Peru and South America, threats to the Great Barrier Reef, hydraulic fracking, and protection of Defenders of the Earth such as the Bagua massacre that is on trial this year in Peru. A distinguished cross-cultural panel of judges from around the world will hear the cases presented by a diverse collection of experts and victims. The rulings of the Tribunal will focus on violations to the Rights of Nature based on the Universal Declaration of the Rights of Mother Earth and where appropriate, the Ecuadorian Constitution.

The two day Tribunal will be held Friday 5 – Saturday 6 December at Gran Hotel Bolivar in the historic district of Lima and a few minutes walk to the Alternative Peoples Conference near Parque de la Exposición in central Lima.

For more information, visit International Rights of Nature Tribunal – Lima athttp://therightsofnature.org/lima-2014-tribunal/

#rightsofnature tribunal
#rightsofMotherEarth tribunal

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