
Project
ShutterstockTowards an end to subsidies that promote overfishing
Overfishing is one of the main problems for the health of our ocean. And the provision of negative subsidies to the fishing sector is one of the fundamental causes of overfishing.
Fishing subsidies are financial contributions, direct or indirect, that public entities grant to the industry.
Depending on their impacts, they can be beneficial when they promote the growth of fish stocks through conservation and fishery resource management tools. And they are considered negative or detrimental when they promote overfishing with support for, for example, increasing the catch capacity of a fishing fleet.
It is estimated that every year, governments spend approximately 22 billion dollars in negative subsidies to compensate costs for fuel, fishing gear and vessel improvements, among others.
Recent data show that, as a result of this support, 63% of fish stocks worldwide must be rebuilt and 34% are fished at "biologically unsustainable" levels.
Although negotiations on fisheries subsidies, within the framework of the World Trade Organization, officially began in 2001, it was not until the 2017 WTO Ministerial Conference that countries committed to taking action to reach an agreement.
This finally happened in June 2022, when member countries of the World Trade Organization reached, after more than two decades, a binding agreement to curb some harmful fisheries subsidies. It represents a fundamental step toward achieving the effective management of our fisheries resources, as well as toward ensuring global food security and the livelihoods of coastal communities.
The agreement reached at the 12th WTO Ministerial Conference provides for the creation of a global framework to reduce subsidies for illegal, unreported and unregulated fishing; subsidies for fishing overexploited stocks; and subsidies for vessels fishing on the unregulated high seas. It also includes measures aimed at greater transparency and accountability in the way governments support their fisheries sector.
The countries agreed to continue negotiating rules to curb other harmful subsidies, such as those that promote fishing in other countries' waters, overfishing and the overcapacity of a fleet to catch more fish than is sustainable.
If we want to have abundant and healthy fishery resources, it is time to change the way we have conceived fishing until now. We must focus our efforts on creating models of fishery use that allow for long-term conservation.
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Inter-American Court upholds indigenous rights in Argentina
In Argentina’s Rivadavia department, along the border of Bolivia and Paraguay, the lands have been inhabited by indigenous people for at least 60 years. Communities there subsist primarily from hunting, gathering, and fishing. Many of these ancestral peoples have been battling for governmental recognition of their land rights since 1984, when the country’s transition from dictatorship to democracy began. This lack of recognition has had profound impacts on the lives of indigenous inhabitants, affected by changes in their land and its use. As Creole families settled in the area, they brought their own customs and economic activities, such as animal grazing and illegal logging. Barbed wire fence was erected without consulting indigenous populations, and an international bridge was built that crosses into their land. These developments have changed how the indigenous people eat and disrupted their access to water, threatening their very cultural identity. With no protection from the Argentine government, in 1998 a coalition of indigenous groups took their struggle before the Inter-American Commission on Human Rights. Grouped in the Lhaka Honhat (Nuestra Tierra) Association—made up of Wichí (Mataco), Iyjwaja (Chorote), Komlek (Toba), Niwackle (Chulupí) and Tapy'y (Tapiete) indigenous peoples—, they were represented by the Centre for Legal and Social Studies. In 2012, the Commission issued its Merits Report, establishing the violation of indigenous communities' rights and recommending that the State adopt reparation measures. When Argentina failed to comply with the provision, the case was referred to the Inter-American Court of Human Rights. On April 2, 2020, the Court’s decision declared Argentina responsible for the violation of the indigenous peoples’ rights to community property, cultural identity, a healthy environment, and adequate food and water. The ruling marks an important milestone in the struggle for indigenous rights. It is the first time that the Court, in a contentious case, has analyzed these rights autonomously on the basis of Article 26 of the American Convention, and ordered specific measures for their restitution, including actions for access to food and water, the recovery of forest resources, and the recovery of indigenous culture. Actions for Reparation Among other implications, the Court's decision could lead to solutions to the health issues afflicting the indigenous communities of Lhaka Honhat. The violation of their rights to food and water has caused deaths from malnutrition and dehydration. The Court demanded that the State present a study within six months that identifies critical situations of lack of access to drinking water and food, formulates a plan of action to address them, and begins its implementation. It also ordered the creation and implementation of a community development fund within a period of no more than four years. As for the territory, the State shall, within a maximum period of six years: Delineate, demarcate, and grant a single collective title without subdivisions or fragmentations for the indigenous communities. Transfer the Creole population out of the indigenous territory through specific mechanisms that promote, above all, voluntary transfer. Remove barbed wire fences and livestock belonging to Creole settlers from indigenous lands. Refrain from carrying out acts, works or undertakings in indigenous territory. Additionally, the Court requested the adoption of legislative and/or other measures to provide legal certainty to the right to indigenous community property in Argentina. Supporting the Indigenous Struggle In March 2019, AIDA helped author and amicus brief in support of the climate of the indigenous communities of the Lhaka Honhat Association. We did so alongside our allies on the litigation group of the International Network for Economic, Social and Cultural Rights (ESCR-Net), including Amnesty International, the Asociación Civil por Igualdad y Justicia, the Colombian Commission of Jurists, Dejusticia, FIAN International, International Women's Rights Action Watch - Asia Pacific, and the Minority Rights Group International. Our arguments highlighted the importance of recognizing economic, social, cultural, and environmental rights as real enforceable rights—similar to others such as the right to life or personal integrity—due to their independent and indivisible nature. In this sense, AIDA recalled the important advance that the Court promoted with Advisory Opinion 023, which recognizes the right to a healthy environment as fundamental to human life. Our brief called on the government to respect the rights of indigenous peoples—as outlined in Article 26 of the American Convention on Human Rights—to a healthy environment, food and water, and cultural identity. The Court's decision establishes an important regional precedent for the protection of the environment in the Americas. It contributes to the consolidation of standards to protect the land of indigenous communities, as well as their rights to a healthy environment, water and culture.
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What I learned from my internship at AIDA
Last year, I completed a three-month internship with AIDA in La Paz, the capital of Baja California Sur, Mexico. It was part of the academic process to become a lawyer in Germany, my home country. The internship allowed me to combine my professional training with my passion for nature, as well as to gain experience working with an international NGO in the field of environmental law. I applied to the internship with AIDA's Marine Biodiversity and Coastal Protection Program without specifying a preferred location. Imagine my delight to learn that the internship would take place in La Paz, Mexico, a small city surrounded by nature. Coming from one of the most densely populated countries in the world, it was amazing to live in a place with so much space. I was fascinated by the diversity of ecosystems in the area: deserts, mangroves, mountainous pine forests, and the rock and coral reefs of the Gulf of California. On my first weekend, I was able to take in the abundance of wildlife in La Paz when Camilo Thompson, AIDA attorney and my supervisor, and Mario del Angel, his neighbor and a kayak guide, took me on a tour of the El Mogote wetlands, an ecosystem of international importance. I was impressed to see, in the first light of day, a group of dolphins in the bay. The morning was complete when I had my first chilaquiles, a typical Mexican dish, for breakfast. As we toured the waterways taking pictures of herons among the mangroves, I learned about the importance of coastal wetlands—they serve as habitat for key species and are natural carbon sinks. From the beginning of my internship, I participated in the virtual meetings of AIDA’s marine team, distributed throughout several countries of the region. I learned about the variety of animals and ecosystems that AIDA works to protect. From the office in La Paz, our contribution was focused on Mexico. I learned about national regulations related to reefs, herbivorous fish, and Natural Protected Areas. I supported research on the state of protection of these fish, which are essential for keeping Latin American and global coral reefs healthy. The combination of direct contact with nature and working in the office for local and regional projects gave me a different perspective on the nature of environmental law, and increased my motivation to learn. I learned that AIDA has worked for years with other organizations, local stakeholders, and scientists to protect fisheries and endangered species such as whales and sea turtles. One of the most enriching aspects of my internship was being able to experience first-hand the natural wealth that AIDA seeks to preserve. Though I’d been a diver for many years, I never ceased to be amazed by the sight of sea lions, bull and hammerhead sharks, killer whales, rays, sea turtles, and countless species of reef fish in their natural habitat. While in La Paz, I finished my rescue diver course and accompanied a team of marine biologists to conduct a visual census of marine life on Espiritu Santo Island. On four occasions, I visited Cabo Pulmo National Park, the largest coral reserve in the Gulf of California. I went diving and snorkeling. I participated in meetings of the Cabo Pulmo Vivo coalition, dedicated to protecting the park and its area of influence. It was gratifying to know that I was doing my small part for the site’s conservation. The internship gave my professional training a multidisciplinary approach. La Paz is one of the scientific centers of marine biology in Mexico and, while there, I was able to exchange ideas with marine biologists on diving trips and while socializing in bars in the city. Around La Paz, I was also able to spend time bird watching, one of my hobbies. The state of Baja California Sur is home to roughly 432 species of birds. I was able to see a wide variety of migratory species, as well five of the six endemic ones. I completed the internship very grateful for the experiences I had gained. Now, I’m back in Berlin, but I plan to return soon to La Paz to see the birds, whale sharks, and other majestic species that inhabit the area and are living proof of the valuable work of organizations like AIDA.
Read more
What I learned from my internship at AIDA
Last year, I completed a three-month internship with AIDA in La Paz, the capital of Baja California Sur, Mexico. It was part of the academic process to become a lawyer in Germany, my home country. The internship allowed me to combine my professional training with my passion for nature, as well as to gain experience working with an international NGO in the field of environmental law. I applied to the internship with AIDA's Marine Biodiversity and Coastal Protection Program without specifying a preferred location. Imagine my delight to learn that the internship would take place in La Paz, Mexico, a small city surrounded by nature. Coming from one of the most densely populated countries in the world, it was amazing to live in a place with so much space. I was fascinated by the diversity of ecosystems in the area: deserts, mangroves, mountainous pine forests, and the rock and coral reefs of the Gulf of California. On my first weekend, I was able to take in the abundance of wildlife in La Paz when Camilo Thompson, AIDA attorney and my supervisor, and Mario del Angel, his neighbor and a kayak guide, took me on a tour of the El Mogote wetlands, an ecosystem of international importance. I was impressed to see, in the first light of day, a group of dolphins in the bay. The morning was complete when I had my first chilaquiles, a typical Mexican dish, for breakfast. As we toured the waterways taking pictures of herons among the mangroves, I learned about the importance of coastal wetlands—they serve as habitat for key species and are natural carbon sinks. From the beginning of my internship, I participated in the virtual meetings of AIDA’s marine team, distributed throughout several countries of the region. I learned about the variety of animals and ecosystems that AIDA works to protect. From the office in La Paz, our contribution was focused on Mexico. I learned about national regulations related to reefs, herbivorous fish, and Natural Protected Areas. I supported research on the state of protection of these fish, which are essential for keeping Latin American and global coral reefs healthy. The combination of direct contact with nature and working in the office for local and regional projects gave me a different perspective on the nature of environmental law, and increased my motivation to learn. I learned that AIDA has worked for years with other organizations, local stakeholders, and scientists to protect fisheries and endangered species such as whales and sea turtles. One of the most enriching aspects of my internship was being able to experience first-hand the natural wealth that AIDA seeks to preserve. Though I’d been a diver for many years, I never ceased to be amazed by the sight of sea lions, bull and hammerhead sharks, killer whales, rays, sea turtles, and countless species of reef fish in their natural habitat. While in La Paz, I finished my rescue diver course and accompanied a team of marine biologists to conduct a visual census of marine life on Espiritu Santo Island. On four occasions, I visited Cabo Pulmo National Park, the largest coral reserve in the Gulf of California. I went diving and snorkeling. I participated in meetings of the Cabo Pulmo Vivo coalition, dedicated to protecting the park and its area of influence. It was gratifying to know that I was doing my small part for the site’s conservation. The internship gave my professional training a multidisciplinary approach. La Paz is one of the scientific centers of marine biology in Mexico and, while there, I was able to exchange ideas with marine biologists on diving trips and while socializing in bars in the city. Around La Paz, I was also able to spend time bird watching, one of my hobbies. The state of Baja California Sur is home to roughly 432 species of birds. I was able to see a wide variety of migratory species, as well five of the six endemic ones. I completed the internship very grateful for the experiences I had gained. Now, I’m back in Berlin, but I plan to return soon to La Paz to see the birds, whale sharks, and other majestic species that inhabit the area and are living proof of the valuable work of organizations like AIDA.
Read more