environmental disaster
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PERU: ‘Environmental regulations were relaxed, when they should have been strengthened’
CIVICUS discusses the recent oil spill off the coast of Lima, Peru, with Juan Carlos Sueiro, Director of Fisheries at Oceana, the world’s largest international organisation dedicated to protecting and restoring the world’s oceans. Founded in 2001, Oceana focuses its work on restoring fisheries, promoting clean energy and establishing protected marine areas.Has anyone been held responsible for the oil spill off the coast of Lima?
The oil spill, caused by the Spanish oil company Repsol, happened on 15 January 2022. Due to its magnitude and visibility, it was the worst ecological disaster in Peru’s recent history. It occurred in an artisanal fishing zone, with protected areas and important seasonal economic activity. It is the largest spill we have ever had.
The spill happened because of the high tides caused by the eruption of the Tonga submarine volcano, which affected the process of unloading oil from a Repsol oil tanker to the La Pampilla refinery. The question is: how is it possible that the company only became aware of the magnitude of the spill the next day? The company’s negligence magnified the consequences of this spill.
Unfortunately, we have seen little progress in terms of Repsol taking responsibility for recovering the ecosystem. Even the exact volume of oil spilled is not known with any certainty. The company’s reaction was very slow, which is worrying because the first 24 hours following this kind of accident are key, as the oil film becomes very thin and expands a lot. It was only almost 20 days later that more sophisticated equipment was brought in to address the problem.
Overall there is not enough transparency. In this case, the contingency plan was not implemented. The activities currently underway are supposed to be the product of a plan, but neither the company’s commitments nor the contents of that plan have been made public. The area between Ancón and Chancay was heavily impacted on by the spill, and there is no bay there, only cliffs and water. It is visible how little has been done in the way of recovery.
There is also little transparency in the investigation. It is still not clear whether Repsol has handed over the equipment that was underwater in order to investigate and determine what happened on the day of the spill.
This lack of transparency is symptomatic of the way the Peruvian state operates. This is similar to what happened when the pandemic broke out and we ‘discovered’ that we had an absolutely precarious health system, which was clearly not up to the task. In this case, we have environmental structures, legislation and procedures on paper, but not in reality. The opacity of information is intended to hide this discrepancy.
For us it is very clear: Repsol must publicly assume clearly defined responsibilities.
What have been the environmental and economic impacts of the spill?
There has been great environmental damage. The area affected by the spill includes several protected natural areas: the Ancón Reserved Zone, the Guaneras Islands and the Punta Salinas Reserved Zone. The spill has impacted on marine fauna, affecting animals such as sea lions, otters, penguins and birds. Many have been stained with oil and their lives are at risk. Oceana is currently surveying this damage, as well as the additional damage caused by the company’s delayed reaction.
For communities in the area, the greatest concern is economic. These are mostly low-income people engaged in artisanal fishing. Beyond individual and immediate impacts – for example, for those who had invested in a seasonal business just before the spill – the consequences are collective and long-term. It is now impossible to fish in Ancón or Chancay, and it is difficult to know when it will be possible to do so, because oil has a much longer degradation time when it settles on the seabed. The fishermen and all the workers involved in processing and distribution logistics are also concerned about the variation in fish prices and the drop in demand.
We have run a calculation of the economic worth of coastal fisheries in these places to give us an idea of the economic loss. We also believe that there is an important impact on tourist activity: for the nine million inhabitants of the capital, Lima, and the three million living a little further north, these beaches are the closest place to spend the summer, and the spill has cut short the summer season, which runs from January to April. We have already warned the local municipalities that they must estimate the damage caused to tourism.
How has civil society responded?
We have all reacted with concern and a great interest in helping others. We have seen many volunteers helping to clean up the beaches, as well as experts and academics contributing within their areas of expertise.
However, volunteer work has limitations because in order to rescue marine wildlife from the damage caused by oil, certain procedures and products must be used to properly remove oil from an animal’s plumage or skin. Because of this, interest in helping usually does not translate into 100 per cent successful results.
Moreover, as this is the first time we have faced a disaster of this magnitude, Peru does not have all the expertise it needs. There is post-disaster expertise and experience elsewhere; it is necessary to bring it in. It would also be important to deepen the discussion about the energy mix we have and how to change it by turning towards the renewable resources that are available to us.
How can private companies be called to account and contribute to preventing future disasters?
Lack of accountability is a longstanding concern for the communities in these areas, and the fact that their demands have been systematically ignored is a symptom of Peru’s strong centralism. Artisanal fishermen in the north have been warning about this situation for several years and there has been no meaningful response. Oil extraction in Peru dates back to the 19th century; Peru had the first oilwell in South America. In the 1950s and 1960s, offshore platforms were installed, which are at the root of the spills and leaks that fishers complain about. There are also complaints about what happens in the transportation process, which has much greater implications.
This situation has encouraged civil society to prioritise the search for solutions. For almost a decade, environmental requirements have been reduced in Peru; it is necessary to walk back that path. Peru is engaged in fishing, mining and other activities for which regulations have been relaxed, when they should have been strengthened. The very low environmental capacity of the state and the poor response of companies to disasters clearly shows their inadequacy. Peru suffers from a major crisis of governance and respect for the rule of law.
The possibility of another spill is always present. It is necessary to minimise the likelihood of it happening, and to ensure that when it does, it has the least possible impact in terms of magnitude, frequency and consequences. To do this we have to start by not losing sight of who is responsible for this disaster and the consequences of their irresponsible action.
Civic space in Peru is rated ‘obstructed’ by theCIVICUS Monitor.
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Public Development Banks can’t drag their feet when it comes to building a sustainable future
A coalition of civil society organisations is demanding public development banks (PDBs) to take radical and innovative steps to tackle human rights violations and environmental destruction. No project funded by PDBs should come at the expenses of vulnerable groups, the environment and collective liberties, but should instead embody the voices of communities, democratic values and environmental justice.
The demands, part of a collective statement signed by more than 50 civil society organisations, come as over 450 PDBs gather in Abidjan, Ivory Coast, from October 19th, for a third international summit, dubbed Finance in Common.
The COVID-19 pandemic and climate emergency, coupled with human rights violations and increasing risks for activists worldwide, is bringing the need to change current practices into even sharper focus. While public development banks may drag their feet on addressing intersecting and structural inequalities, civil society organisations are taking actions aimed at creating dignified livelihoods by embedding development with concrete affirmative measures towards climate, social, gender, and racial justice.
PDBs cannot be reluctant to act. They need to hit the target when it comes to supporting the transformation of economies and financial systems towards sustainability and addressing the most pressing needs of citizens worldwide – from food systems to increasing support for a just transition towards truly sustainable energy sources. PDBs must recognise that public services are the foundation of fair and just societies, rather than encouraging their privatisation and keep austerity narratives alive.
9 out of 10 people live in countries where civic freedoms are severely restricted, and with an environmental activist killed every two days on average over the past decade, development banks have an obligation to recognize and incorporate human rights in their plans and actions, following a “do not harm” duty.
Communities cannot be left out of the door. They need to be given the space to play the rightful role of driving forces in the answers to today’s global challenges, without them PDBs will move backwards rather than forward – and this means more environmental degradation, less democratic participation, and to put it bluntly an even greater crisis than the one we are facing today. And nobody needs that.
The recommendations in the collective civil society statement emerge from a three-year process of engagement and exchange, involving civil society networks in an effort to shape PDBs policies and projects. You can find some of their words and messages below.
As the call for accountability grows, the Finance in Common summits are an opportunity for PDBs to show moral leadership and help remedy the lack of long-term collaborations with civil society, communities and indigenous groups, threatening to curtail development narratives and practices.
Quotes
Oluseyi Oyebisi, Executive Director of Nigeria Network of NGOs (NNNGO) the Nigerian national network of 3,700 NGOs said:“The Sahara and Sahel countries especially have been facing the most serious security crisis in their history linked with climate change, social justice and inequalities in the region. Marked by strong economic (lack of opportunities especially for young people), social (limitation of equitable access to basic social services) and climatic vulnerabilities, the region has some of the lowest human development indicators in the world – even before the covid pandemic. Access to affected populations is limited in some localities due to three main factors: the security situation, the poor state of infrastructures and difficult geographic conditions. PDBs must prioritise civil society organisations and Communities initiatives supporting state programs of decentralization, security sector reforms and reconciliation. This will help reduce the vulnerability of populations and prevent violent extremism.”
Mavalow Christelle Kalhoule, Forus Chair and President of Spong, the NGO network of Burkina Faso said: “Development projects shape our world; from the ways we navigate our cities to how rural landscapes are being transformed. Ultimately, they impact the ways we interact with one another, with plants and animals, with other countries and with the food on our plates. The decisions taken by public development banks are therefore existential. Such responsibility comes with an even greater one to include communities directly concerned by development projects, those whose air, water and everyday lives are affected for generations to come. For this to happen, public development banks must reinforce their long-term efforts to create dialogue with civil society organisations, social movements and indigenous communities in order to fortify the democratic principles of their work. We encourage them to listen, to ask and to cooperate in innovative ways so that development stays true to its original definition of progress and positive change; a collective, participative and fair process and a word which has a meaning not for a few, but for all."
Tity Agbahey, Africa Regional Coordinator, Coalition for human rights in development said: "Many in civil society have expressed concerns about Finance in Common as a space run by elites, that fails to be truly inclusive. It is a space where the mainstream top-down approach to development, instead of being challenged, is further reinforced. Once again, the leaders of the public development banks gathered at this Summit will be taking decisions on key issues without listening to those most affected by their projects and the real development experts: local communities, human rights defenders, Indigenous Peoples, feminist groups, civil society. They will speak about “sustainability”, while ignoring the protests against austerity policies and rising debt. They will speak about “human rights”, while ignoring those denouncing human rights violations in the context of their projects. They will speak about “green and just transition”, while continuing to support projects that contribute to climate change."
Comlan Julien AGBESSI, Regional Coordinator of the Network of National NGO Platforms of West Africa (REPAOC), a regional coalition of 15 national civil society platformssaid: "Regardless of how they are perceived by the public authorities in the various countries, non-governmental organisations (NGOs) contribute to covering the aspects and spaces not reached or insufficiently reached by national development programmes. Despite the undeniable impact of their actions on the living conditions of populations, NGOs remain the poor cousins of donor funding, apart from the support of certain philanthropic or charitable organisations. In such a context of scarce funding opportunities, aggravated by the health crisis due to COVID-19 and the subsequent economic crisis, Pooled Finance, which is in fact a paradigm shift, appears to be a lifeline for CSOs. This is why REPAOC welcomes the commitments made by both the Public Development Banks and the Multilateral Development Banks to directly support CSO projects and programmes in the same way as they usually do with governments and the private sector. Through the partnership agreements that we hope and pray for between CSOs and banks, the latter can be assured that the actions that will be envisaged for the benefit of rural and urban communities will certainly reach them with the guarantees of accountability that their new CSO partners offer”.Frank Vanaerschot, Director of Counter Balance, said:
“As one of this year’s organisers of the Finance in Common Summit, the EIB will brag about the billions it invests in development. The truth is the bank will be pushing the EU’s own commercial interests and promoting the use of public money for development in the Global South to guarantee profits for private investors. Reducing inequalities will be second-place at best. The EIB is also co-hosting the summit despite systemic human rights violations in projects it finances from Nepal to Kenya. Instead, the EIB and other public banks should work to empower local communities by investing in the public services needed for human rights to be respected, such as publicly owned and governed healthcare and education - not on putting corporate profits above all else.”
Stephanie Amoako, Senior Policy Associate at Accountability Counselsaid: “PDBs must be accountability to the communities impacted by their projects. All PDBs need to have an effective accountability mechanism to address concerns with projects and should commit to preventing and fully remediating any harm to communities”.
Jyotsna Mohan Singh, Regional Coordinator, Asia Development Alliance said: “PDBs should have a normative core; they should start with the rights framework. This means grounding all safeguards into all the various rights frameworks that already exist. There are rights instruments for indigenous people, the elderly, women, youth, and people living with disability. They are part and parcel of a whole host of both global conventions and regional conventions. Their approach should be grounded in those rights, then it will be on a very firm footing.
Asian governments need to support, implement, and apply strict environmental laws and regulations for all PDBs projects. The first step is to disseminate public information and conduct open and effective environmental impact assessments for all these projects, as well as strategic environmental assessments for infrastructure and cross-border projects.”
