Mexico

Two Texts That Will Reconnect You With the Earth

There are two texts you should read because you live on this planet, two texts that will reconnect you with the Earth. You should read them because the Earth is protected not just by law and science, but also by heart and spirit; and because, like it or not, we share this home with everyone. They are Laudato Si, the recently published encyclical by Pope Francis, and Falling in Love with the Earth, an essay by Zen Master Thich Nhat Hanh. As the Zen Master says, “we and the Earth are one.” The texts concern all people, regardless of their religion, beliefs, politics or understanding of the planet’s environmental realities.  It is not my intent to summarize these publications, or to deter you from reading and experiencing them firsthand. My intention is to encourage you to know them, because each allows us to better understand the realities of our planet, and sheds light on how to make our time on Earth positive. What is at stake is, as the Pope would say, “our dignity.” We must be mindful of the kind of planet we want to leave for the future. Laudato Si: The Papal Encyclical Pope Francis’ encyclical is an extensive document that, with the help of science, analyzes both the reasons behind the planet’s grave environmental situation and its possible solutions. I was pleasantly surprised by the level of scientific detail included in the text, and by the recognition that climate change is the responsibility of human beings. By reminding us of the urgent need to move from fossil fuels to sustainable energy sources, and to control atmospheric pollution, the text illuminates the path to Paris. At the end of the year, the French capital will host the 21st United Nations Climate Change Conference, set to usher in a new and binding global climate accord. It was heartening to see the Pope emphasize the social inequalities of the planet, particularly by explaining the relationship between environmental degradation and the communities it affects—primarily poor and indigenous peoples. But still, the encyclical is not perfect. One point it misses is how women suffer more from climate impacts, so the historical debt the Catholic Church has with us is still pending. The Pope states that those with the most power—corporations, countries and elites—are the primary responsible parties, though they’re certainly not the only ones. The powerful, therefore, are obligated to develop solutions. It is encouraging to read this since the Vatican has not exactly been characterized by its vows of poverty, and especially since I’m Latin American and work in this region, the most unequal in the world. The encyclical concludes that an “ecological conversion” is necessary because “living our vocation to be protectors of God’s handiwork is essential to a life of virtue; it is not an optional or a secondary aspect of our Christian experience.” This applies to everyone, as the work of protecting nature is the essence of being a virtuous person. A Time to Act In reading both the encyclical and the essay, you may notice that their conclusions are not new. The Pope is quite reminiscent of his namesake, St. Francis of Assisi, who first spoke in the 13th Century of the need to protect “our Sister Earth.” Thus, the Pope and the Zen Master continue the urgent call to analyze our way of life, our consumption and our treatment of the Earth.   So, why don’t we care for the planet, as we should? Why do we need their reminders? Why does it still seem we’re going from bad to worse? I don’t have the answers. But neither do the Zen Master or the Pope. “Sadly, many efforts to find concrete solutions to the environmental crisis have proven ineffective, due not only to powerful opposition, but also to a general lack of interest,” Pope Francis said. Trending topics on social networks are a hard reminder of this reality. Cities, countries and what seems like the entire world are paralyzed during the World Cup, the Olympics, and even during beauty contests. Paying attention to these events is not bad, but the little attention we give to environmental problems and inequality is. The apathy must stop TODAY.  Therein lies the relevance of these documents. We need to get involved, strive to understand their content, act on our understanding and show results, not make excuses. The Pope acknowledges that “politics and business are slow to react, far from living up to global challenges.”  Judging from the current situation, I would say we’ve all reacted slowly. Let’s change that now. I’m sure we all have something we could improve, and something we could contribute. Regardless of specifics, simply because we live on Earth, we have a responsibility we must acknowledge. As Zen Master Thich Nhat Hanh says, caring for and honoring the Earth “is not an obligation. It is a matter of happiness, of personal and collective survival.” 

Progress on Protecting the Loggerhead Turtle!

By Gladys Martínez Significant strides were taken last week toward the conservation of loggerhead sea turtles. A new international resolution intends to strengthen protections for this endangered species in the Americas, and outlines the primary threats facing loggerheads, including mining, all of which should be regulated to avoid harm. The resolution was approved during the 7th Conference of Parties to the Inter-American Convention for the Protection and Conservation of Sea Turtles (CIT), hosted last week in Mexico City. One of just seven species of sea turtle in the world, the loggerhead turtle is threatened by human activities such as unsustainable fishing, poorly planned development and extractive industries.  AIDA was an actor and an observer in the conference, representing other organizations and individuals from civil society. My colleagues and I spoke with delegates and raised awareness of the harm that marine phosphate mining could cause to loggerheads, and to the ecosystem as a whole. We drew attention to the potential impacts of the Don Diego mining project in Bahia de Ulloa, Baja California Sur. The region’s first marine phosphate mine would, if executed, gravely impact populations of loggerhead turtles and other species that live in or migrate through Baja waters. I am pleased to report that I successfully advocated for the resolution to include mining on the list of threats to loggerheads. We also used our knowledge of international environmental law to help strengthen proposals within the resolution, and to make member States aware that immediate action is required for the conservation of the species. Details of the Loggerhead Resolution In the resolution, member States recognize that threats to the loggerhead turtle include development, coastal and deep-water fishing, marine debris, mining, pollution and climate change. The nations promise to work together to implement existing recovery plans for loggerhead populations, as well as to develop new plans in countries that still have not created them. They made the following commitments: Mexico and the United States will work together with Japan to develop a Trinational Recovery Plan for loggerhead turtles in the North Pacific. Chile, Ecuador, Peru and the United States will work with the Secretariat Pro Tempore of the Sea Turtle Convention and the Secretariat of the Convention on Migratory Species to implement a Species Action Plan for loggerhead turtles in the South Pacific. Mexico and the United States will continue working with collaborating countries of the North Atlantic to share information about the situation and tendencies of the loggerhead turtle of the Northeast Atlantic, and to identify collaborative conservation actions. A Report on the Conference Overall, I am quite satisfied with the advances achieved at this conference. I consider it a privilege to participate, and an honor to effectively contribute our knowledge and experience to conventions such as this, where decisions are made at an international level, and then taken back and implemented in each participating country. Another result of the Conference is the increased protection of the leatherback turtle (Dermochelys coriacea) of the Western Pacific. Member States approved a resolution in which they committed to: Deliver information annually to the Secretariat of the Convention on leatherback turtle bycatch taken by their fleets. Annually inform the Secretariat of measures that are being adopted to reduce bycatch. Identify, with the help of the Scientific Committee, critical areas and fisheries that require spatial and temporal management to reduce bycatch. Strengthen actions for the protection of leatherback turtles eggs. Establish and evaluate national programs for handling and releasing leatherback turtles taken as bycatch in fisheries. We trust that the States will transform these international commitments into effective actions for the conservation of sea turtles. At AIDA, we will remain vigilant to ensure these promises become reality. 

Strengthening the Sea Turtle Treaty

By Gladys Martínez When baby sea turtles first break through their shells, they slowly stick their heads out into the world. Then, they run as fast as they can to the vast body of salt water before them, where they will spend their lives. Sea turtles are migratory creatures that swim in the oceans, and nest on the beaches, of many different countries. Their survival is at risk from the impacts of human activity, such as unsustainable fishing, poorly planned development, and mining projects in marine and coastal areas. In an effort to confront these threats, the Inter-American Convention for the Protection and Conservation of Sea Turtles was created in 2001. The international treaty promotes the protection, conservation and recovery of sea turtle populations. From June 24 to 26 in Mexico City, representatives from member States will discuss achievements and plan for the future of the Convention during the 7th Conference of Parties. AIDA will be there advocating for the States to continue meeting their obligations and making new commitments. Fifteen Contracting Parties have signed the Convention: Argentina, Belize, Brazil, Chile, Costa Rica, Ecuador, Honduras, Mexico, Nicaragua, Netherlands (Antilles), Panama, Peru, Uruguay, Venezuela and the United States. Thirty-two accredited observers, including academic institutions and NGOs, may participate in meetings of Scientific and Consultative committees of experts.  The 7th Conference of the Parties will focus on adopting three key resolutions, on: The conservation of leatherback sea turtles (Dermochelys Coriacea) in the Pacific Ocean. The conservation of loggerhead sea turtles (Caretta Caretta). Exceptions to the subsistence harvest of olive ridley turtle eggs in Costa Rica. The Conference will also review the States’ compliance with regards to their annual reports, present the Secretariat’s work plan, and elect a new President, Vice President and Rapporteur.  AIDA will seek for the States to: Commit to avoiding threats to turtle nesting habitats by mining projects. Continue restricting and prohibiting developments that affect sea turtle migration routes. Strengthen measures for responsible fishing and bycatch (sea turtles are captured and killed incidentally by fishermen targeting other species). We will concentrate our outreach efforts on creating awareness and promoting measures to curb the risks that the Don Diego marine mining project will have on the loggerhead turtle and Mexico’s marine ecosystem. AIDA has worked since 1998 to protect sea turtles. First we advocated the Convention’s ratification. A campaign organized by AIDA and other sea turtle advocates helped secure the signatures necessary to continue the negotiation process, and, in 2011, for the Convention to enter into force. We have advocated before Courts and decision-makers for the protection of sea turtles in several countries of Latin America, basing our advocacy on the obligations assumed by States under the Convention. Using this strategy, we have protected the green turtle from illegal poaching on Costa Rica’s Atlantic coast, avoided loss of nesting habitat of the leatherback turtle, and guaranteed that hawksbill and olive ridley turtles continue to enjoy one of their favorite coral reefs, Coiba National Park in Panama. Follow us on Facebook and Twitter to learn more about the 7th Conference of Parties of the international treaty to protect sea turtles! 

Mine Threatens a Great Marine Migrator

By Haydée Rodríguez Each year, the gray whale sets out on one of the longest migratory journeys on the planet: a nearly 13,000-mile swim from its feeding grounds in Alaska to the warm waters of Baja California Sur, Mexico, where it births and raises its calves—after which it turns around and swims back again. It’s been estimated that, by the time a gray whale turns 50, it has traveled the equivalent of a journey from the Earth to the Moon and back.  This impressive mammal, 50 feet long in its adult years, and its migratory feat are at risk from a marine mining project. If executed as proposed, the project would gravely damage the environment and living conditions of the gray whale.  At the end of February this year, 2,652 grey whales arrived at the San Ignacio and Ojo de Liebre lagoons in Baja California Sur, very close to Ulloa Bay. This was the highest number recorded in the last 19 years, an occurrence that provides an important source of income for local families who depend on the sustainable tourism generated by whale watches.  Yet it’s precisely in this area near Ulloa Bay that Odyssey Marine Explorations intends to begin the Don Diego phosphate-mining project. The project began in September 2014, when the company presented its Environmental Impact Assessment (EIA) to Mexico’s Secretariat of Environment and Natural Resources (SEMARNAT). The Don Diego Mine The proposed mine would comprise five work sites in an area of 91,267 hectares. Each site would be exploited for 10 years, resulting in a 50-year-long project. The intent is to extract 350 million tons of phosphate sand from the marine floor—a quantity that would fill Mexico City’s Aztec Stadium 264 times. As proposed, the project would have grave and irreversible impacts on a marine zone rich in biodiversity and of great importance to local fisheries.  The gray whale, as well as other species of whale and turtle that live or pass through the zone, depend on sound to communicate, stay united and locate food. The Don Diego project will use dredging boats to obtain the phosphate sand, producing a lot of noise in the area, potentially creating a “modification of vocal behavior or surprise reaction” in the whales, according to the project's Environmental Impact Assessment (chapter 4, page 229). Among other consequences, the noise would jeopardize the survival of the whales by causing changes in their behavior and migratory route, and would disrupt the feeding of calves.  Principal Impacts on the Marine Ecosystem AIDA presented our comments on the Don Diego EIA before SEMARNAT, pointing out the environmental reasons why the project should not be authorized under the conditions by which it was approved. Our key points were as follows: The proposed mining activity would gravely alter the marine ecosystem: large boats will dredge the seabed to extract sand, but also living organisms. The dredged material will be separated to obtain phosphate, and the material not considered useful will be returned to the sea.  The sediments that will return to the sea may contain high levels of toxic elements such as uranium and thorium, which are exposed during the phosphate-separation process. Exposed toxins may be transported on other organisms or consumed by fish that may then arrive on our tables. This is why the phosphate mining industry is considered a potential source of  radioactive contamination. The exposed toxic sediments, noise and dredging will put at risk the gray whale and other vulnerable species of whale (humpback and blue) and turtle (loggerhead) already in danger.   In addition to altering the habitat of marine species, the project will threaten the fishing and tourism activities on which various coastal communities depend.  In places such as Namibia and New Zealand, after analyzing similar projects, the governments negated permissions or declared a moratorium on phosphate mining until the industry can show that it does not cause grave impacts. The Mexican government should follow this example and apply the precautionary principle to avoid irreversible environmental damage. The Environmental Impact Assessment of the project lacks important information about the possible impacts on the marine ecosystem and measures to avoid them.  In our comments, AIDA highlighted the need for the company to provide more detailed information on the project’s potential impacts. The Mexican government has shown similar concern, as in their analysis of the EIA they’ve also requested additional information from the company. It is of particular interest to us to have better information on the impacts of sound and dredging on the coastal marine ecosystem, and on possible damage to fishing in the area. Without a doubt, it is better to prevent damage than to be sorry once it’s been done. The gray whale still has many miles left to swim. 

Working to protect coral reefs in Mexico and throughout Latin America

In the Gulf of Mexico, 27 coral reefs form a submarine mountain range that runs between six islands in an area stretching for miles. Hundreds of colorful fish species, sea urchins, starfish, and sea grasses share the reef with an abundance of other life forms. This is the magnificent Veracruz Reef, the largest coral ecosystem in the Gulf. Unfortunately, planned expansion of the Port of Veracruz, recently approved by the Mexican government, will damage the reef and harm the creatures that depend on it for survival. The project will also harm the nearby Los Tuxtlas Biosphere Reserve, a jewel of Mexico’s Emerald Coast, because developers will mine it for rock to use in port construction. The environmental authority approved the port development in 2013, even though Mexico declared the Veracruz Reef System a National Protected Area in 1992. What’s more, Mexico is a party to the Ramsar Convention, an international treaty for the protection of wetlands of international importance—which includes the Veracruz Reef. Despite the reef’s recognized significance, the government has officially reduced the size of the protected area to make way for the larger port. "Now is a good time to call the attention of world leaders and diplomats to Mexico’s unsustainable actions," said AIDA legal advisor Sandra Moguel. Mexico is preparing to host the December 2016 Conference of Parties to the Convention on Biological Diversity, an international treaty to sustain the rich diversity of life on Earth. AIDA and the Mexican Center for Environmental Law (CEMDA), representing 13 organizations and individuals, have sent a letter (in Spanish) to the Secretariat of the Convention on Biological Diversity. (The Secretariat is a neutral organization staffed by international civil servants, accountable to the Conference of Parties and its subsidiary bodies, and linked to the United Nations Environment Program.) The letter requests two things of the Secretariat: assess the harms that the expansion will cause, and ask Mexico to revoke project authorization because of the serious impact it will have on the diversity of life on the reef. "The manner in which the government has authorized this development project worries us," Moguel said. "Mexico has breached their international commitment to protect the rich biodiversity within its borders, particularly when it falls within natural protected areas." AIDA’s marine team has been working on similar cases in Mexico and throughout the region, gaining expertise in national and international laws that enable the protection of coral reefs. They have produced a report that synthesizes knowledge gained through years of such work, The Protection of Coral Reefs in Mexico: Rescuing Biodiversity and its Benefits to Mankind (in Spanish). "We want to interest and inform people working in wetlands protection," Moguel said. "There is a diverse array of legal tools at their disposal, which they may not be aware of," Moguel said. "In addition to describing our own legal work on this issue, we discuss the power of international treaties and commitments that nations must abide by." The report outlines the importance of coral reefs in the world—in Mexico in particular—explores case studies, outlines relevant international treaties and obligations, and looks to best practices from nations around the region for inspiration. AIDA Marine Senior Attorney Gladys Martínez said that reports such as these are intended to raise awareness of the legal means available to protect wetlands and to highlight the different methods that decision-makers can use. "AIDA selects emblematic cases like these of Mexico, to illustrate environmental problems that recur throughout the hemisphere," said Gladys Martínez. "The threats to the Veracruz Reef System are a sign of the urgent need for nations to take effective measures to protect coral reefs and comply with their international obligations." AIDA has launched a campaign to fund the marine program’s continued efforts to protect corals in the region. Our work will provide advocates and decision-makers with the practical resources, recommendations, and tools needed to improve coral reef protection. Your donation will directly support this work, and provide a brighter future for the brilliant array of life on the coral reefs of Latin America.

Mexico illegally authorizes hydropower dam

The permit for the project on the San Pedro Mezquital River violates national and international environmental and human rights laws. Mexico City, Mexico. In violation of national and international environmental and human rights laws, on September 18, 2014 Mexico’s environmental authority (SEMARNAT) authorized construction of the Las Cruces hydroelectric project in the state of Nayarit. On behalf of communities and indigenous peoples who will be harmed by the project, the Interamerican Association for Environmental Defense (AIDA) will enlist the aid of United Nations Special Rapporteurs and of the Ramsar Secretariat, who oversees implementation of a wetlands-protection treaty. AIDA will ask these authorities to deem the permit process illegal and demand that the Mexican Government revoke its authorization.  In its permit process, SEMARNAT ignored international laws requiring prior consultation with indigenous peoples, who must give their free, prior, and informed consent to the project. These actions are required by the International Labour Organization Convention No. 169 and by the United Nations Declaration on the Rights of Indigenous Peoples.  In the permit, SEMARNAT recognizes that the communities of San Blasito and Saycota, which will be evicted as a result of construction, were unaware of the consultation notices that the Federal Electricity Commission (FEC) allegedly posted. "International standards require more than just telling the indigenous people about the project, as FEC did in this case [1]," said Maria José Veramendi, senior attorney at AIDA. "Affected communities must participate since the planning phase. And consultation has to followed by traditional decision-making methods. Before and during consultation, affected people must be provided with precise information on the consequences of the project, with the objective of reaching an agreement," she added. Construction of Las Cruces Dam will force eviction of indigenous peoples, most of them Cora, and harm 14 sacred Cora and Huichol sites. These impacts violate their human rights to adequate housing, water, sustainable livelihoods, culture, and education. The dam will also reduce flow to Marismas Nacionales, which is listed as a wetland of international importance under the Ramsar Convention, an international treaty for wetland protection. Reduced flow will harm fishing and agriculture that sustains river communities. In 2009, the Ramsar Secretariat exhorted the Mexican Government to consider the environmental goods and services, and the cultural heritage, of the region before authorizing Las Cruces. That recommendation was ignored. "The Ramsar Convention does not prohibit infrastructure in this kind of ecosystem, but it does establish criteria and standards to guide wetland management [2]," said AIDA attorney Sandra Moguel. "As the authority in charge of ensuring compliance with Mexico’s international environmental commitments, SEMARNAT should have taken the Convention’s guidelines into account. It’s especially regrettable that SEMARNAT ignored the Ramsar Secretariat’s specific recommendations for Marismas Nacionales," said Moguel. SEMARNAT also ignored the technical opinion of the National Aquaculture and Fisheries Commission (CONAPESCA). The Commission pointed out that if Las Cruces is built, fish populations in Nayarit and Sinaloa will dramatically decrease, because they depend on Marismas Nacionales, which in turn depend on the fresh water and nutrients supplied by the San Pedro River.  "This permit is a setback," said Moguel. "But AIDA will work closely with international legal authorities until we secure justice for the environment and affected communities." [1] Autorización de Impacto Ambiental del proyecto hidroeléctrico Las Cruces, p. 57 (in Spanish) [2] Autorización de Impacto Ambiental del proyecto hidroeléctrico Las Cruces, p. 62 (in Spanish)

Defending the Veracruz Reef from a port expansion project

Organizations come out in defense of the Veracruz Reef System

Technical and legal arguments are submitted in support of a lawsuit against modifying the boundaries of the Veracruz Reef System National Park in eastern Mexico, a site protected by international obligations to preserve the natural barrier against storms and hurricanes. Veracruz, Mexico. Six civil society organizations have submitted to a Mexican court an amicus curiae brief containing legal and technical arguments that strengthen arguments in a lawsuit against a government decree to modify and reduce the boundaries of the Veracruz Reef System National Park. The proposed modification puts conservation of this internationally important wetland at stake. The organizations submitted the friend of the court brief to the Third Tribunal of the District of Veracruz on April 25. They are the Interamerican Association of Environmental Defense (AIDA), the Mexican Center for Environmental Law (CEMDA), the Strategic Human Rights Litigation Center (Litiga OLE), Pathways and Encounters for Sustainable Development (SENDAS), Pobladores A.C. and the Veracruz Assembly of Environmental Initiatives and Defense (LAVIDA). The Veracruz Reef System in eastern Mexico was declared a natural protected area in 1992 to safeguard its diversity of species and a rational use of its resources, and to encourage research into the ecosystem and its balance. In 2004, the Veracruz Reef System was included as a wetland of international importance under the Ramsar Convention, an international treaty to protect wetlands. The amicus curiae (friend of the court) brief highlights the importance of the reef system for Mexico and the region. “Coral reefs are natural barriers against large waves and storms like Hurricane Karl, which hit Veracruz in 1992,” said Sandra Moguel, a legal advisor to AIDA. “Reefs also provide abundant fishing and valuable information for medical research. They’re great spots for recreation and they help to sustain marine life.” The legal brief also argues that the decree, from Mexico’s National Commission on Protected Areas (CONANP), threatens regional biodiversity, violates the human right to a healthy environment, and breaches Mexico’s international obligations to protect this ecosystem. “The local population is more exposed to suffer the impacts of hurricanes and other climate phenomena, because the decree removes the Punta Gorda and Bahía de Vergara reefs from the national park,” said Xavier Martínez Esponda, regional director of CEMDA for the Gulf of Mexico. The organizations’ brief explains how CONANP’s decree infringes specific national laws and international treaties. For example, the Organization of American States’ Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere states that natural park limits can only be modified by legislative authorities. CONANP is not such an authority. The decree also violates the Ramsar Convention, given that the modification of the national park’s defined boundaries did not follow the procedures established by that intergovernmental treaty for the protection of wetlands of international importance.  The brief concludes by making it clear that CONANP’s decree is a regressive measure that erases the benefits of environmental protection attained with the creation of the protected area in 1992. “Setbacks like this can cause irreparable damage,” said Moguel.

Organizations alert the United Nations that construction of the Las Cruces hydropower plant will violate human rights in Nayarit, Mexico

UN Special Rapporteurs are asked to urge the Mexican government to guarantee the rights of indigenous peoples and coastal communities that would be affected by the project.  Mexico City. The Interamerican Association for Environmental Defense (AIDA) has sent an urgent appeal to several United Nations Special Rapporteurs showing that construction of the Las Cruces hydropower plant will violate the human rights of communities in western Mexico. The project will affect coastal communities as well as the Cora, Tepehuano, Huichol and Mexicanero indigenous peoples along the San Pedro Mezquital river basin in the state of Nayarit. We sent the appeal to Special Rapporteurs on the issues of adequate housing, indigenous rights, extreme poverty as well as the rights to food, safe drinking water and sanitation and to the Independent Expert on the enjoyment of a safe, clean, healthy and sustainable environment. We filed the appeal on the behalf of economic, environmental and community organizations in areas that would be affected by the project. These include the Inter-Community Council of the San Pedro River, the Náyeri Indigenous Council, the Nayarit Riverside Federation, Nuiwari, the Mexican Center for Environmental Law (CEMDA), the Ecological Mangrove Group, SuMar and representatives of the town of Boca Camichín. In the appeal, we asked the Special Rapporteurs to urge the Mexican government “to guarantee the rights of the indigenous peoples and coastal communities of the San Pedro Mezquital river to information and participation, consultation and consent, as well as to food, clean water and sanitation, and to the right to enjoy a safe, clean, healthy and sustainable environment.” We also asked the UN experts to visit the site of the proposed hydropower project to find out first hand the damages it will cause on the environment and human rights. The project will affect indigenous lands – mostly those of the Coras – by forcibly evicting inhabitants and damaging sacred sites. This would violate the human rights to adequate housing, water and livelihoods as well as to culture and education. “Our lands and natural resources are the most important aspects of our culture," said Julián López Cánare, coordinator of the Náyeri Indigenous Council and a member of the Intercommunity Council of the San Pedro River. “Every day we fear that our sacred sites will be flooded or damaged.” Ernesto Bolado, director of SuMar, said the appeal to the UN is a demonstration of how the Cora, Huichol, Tepehuana and Mexicanera communities were never consulted on the project as required by Convention 169 of the International Labour Organization (ILO). What is more, consent for the expropriation of land and changing its use was requested at community assemblies under false pretenses, the promise of government benefits and even with bullying. Mexico’s state-owned electric utility Comisión Federal de Electricidad plans to build and operate the Las Cruces hydropower dam on the San Pedro Mezquital river at a location 65 km north of the city of Tepic, Nayarit. The plant will have 240 MW of installed capacity generated by three turbines fed by water from a 188-meter high dam holding a reservoir measuring 5,349 hectares. The project will operate only four months a year at regular output, and it will meeting 0.9% of the energy demand of the West Central Mexico in 2026, equivalent to 0.28% of the total installed capacity in the country[1]. “The urgent appeal is a request for United Nations Rapporteurs to investigate the facts concerning the full enjoyment of human rights of the people and communities that will be affected by the hydroelectric project," said AIDA attorney Sandra Moguel. The environmental assessment report for Las Cruces acknowledges that the project will lead to the substitution of agriculture and small-scale livestock ranching for a dependence on fishing in the reservoir. “It is unthinkable to convert subsistence farmers into fishermen or tour operators,” said Marcos Moreno, an oyster farmer in Boca Camichín and a member of the Intercommunity Council of the San Pedro River. You can read the alert sent to the UN Special Rapporteurs (in Spanish). [1] Las Cruces Environmental Impact Assessment, Chapter II, pages 4-12, 18, 19 and 77.

Mexico takes action to protect its wetlands from unsustainable development

AIDA and the members of the National Wetlands Committee have won a big victory after years of legal work to protect Mexico’s estuaries, coral reefs, mangroves and other wetlands. On February 4, 2014, Mexico’s Natural Protected Areas Commission (CONANP) announced a national wetlands policy, a legal framework we had been calling for since 2009. “It’s not a panacea, but it’s a good start,” says Sandra Moguel, an AIDA attorney who participated on the National Wetlands Committee, a CONANP -led group that helped develop the policy. Mexico is rich in wetlands. The country ranks second after the U.K. in the number of protected wetland areas under the Ramsar Convention, an international treaty for the conservation and sustainable use of these ecosystems. Centuries-old coral reefs serve as breeding pens for fish that feed the populace and delight divers. Mangrove forests house endangered species and perform increasingly important ecosystem services: they absorb carbon emissions and buffer the coastline against storms made harsher by a warmer climate. But many coral reefs, mangroves, estuaries, and rivers have suffered from poorly planned development. On the Sea of Cortez, for example, plans for mega-resorts have kept us busy defending Cabo Pulmo’s coral reefs, and now a proposed port expansion is threatening reefs in Veracruz. To protect these and other wetlands, we have had to draw on a jumble of laws and policies. Not any more. Now we have a specific instrument that is in line with the laws and policies for the protection of wetlands. The new policy sets actions, goals and priorities for the management and protection of wetlands. It is a vast improvement. And while a national wetlands policy is a Ramsar requirement, Mexico’s policy stands out from many others in the world for creating not just principles and guidelines, but also an action plan to make them happen. For example, the government will soon set and sustain minimum water levels to preserve mangroves. Other actions will guarantee the reasonable use of wetlands. Fishing, tourism, and other activities that rely on wetlands must be carried out sustainably. If damages occur, the state must ensure ecosystem restoration. A key element that AIDA pushed for is the principle of environmental progress. The new policy stops the government from continuing to modify and reduce natural protected areas to make way for large infrastructure projects or to benefit private interests. Now the authorities must preserve and promote environmental progress by respecting protected-area status and by improving safeguards. We are thrilled. This principle could help AIDA in our legal battle to stop construction of the Las Cruces hydropower project on the San Pedro Mezquital river. The dam would reduce water flows and sediments needed to feed and sustain mangroves in Marismas Nacionales, a protected wetlands area on the Sea of Cortez. Construction of the dam would clearly reverse environmental progress. The new policy has its weak spots—for example, it doesn’t set dates for reviewing the progress of the action plan, and the actions could be supplemented for more effect—but comparatively, it is at the forefront of wetlands policies in Latin America. “Mexico is setting an example,” Moguel says. “Let’s hope that this encourages other countries to follow suit.” Your contributions helped us press for and contribute to the development of the new policy, and with your continued help we will be able to aid Mexico in its efforts to protect its vital wetlands.