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Victory: Court ends the “lawful” killing of endangered green sea turtles
In February of 1999, the Constitutional Court in Costa Rica declared an end to the "lawful" killing of endangered green sea turtles. The ruling is an important victory for the green sea turtle and potentially other species left vulnerable by their host countries.
Costa Rica has the privilege and responsibility of being a haven for one of the largest remaining populations of this endangered species of marine turtle in the Atlantic Ocean. Every two or three years, female green sea turtles, many of which are decades old, slowly plod from their ocean homes to nest on a 35 kilometer long beach between the Tortuguero and Parismina River.
Costa Rica, rather than fully protecting these ancient guests, previously had a law allowing for the capture and slaughter of almost two thousand green sea turtles annually. Unfortunately, poachers exploited the law to kill many more than the legal limit, with the survival of the sea turtles jeopardized.
In response to inaction by the Costa Rican government, and to safeguard the survival of the green sea turtle, AIDA worked through its partner organization CEDARENA to file suit and challenge the law.
In the law suit, AIDA and CEDARENA argued that the law violated the Costa Rican constitutional guarantee of an environment that is healthy and “in ecological equilibrium.” We presented hard evidence of the hidden impact of the law on the sea turtles. The Court ruled in our favor, and annulled the law.
The ruling itself does not end the threat to green sea turtles. It may however, provide some breathing room for conservationists to concentrate on stopping illegal poaching. Hopefully, they will succeed.
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We proudly welcome the new members of our Board: Xavier Martínez Esponda, Monica Roa and Manuel Pulgar-Vidal. All three are outstanding legal professionals dedicated to the defense of the environment and human rights in Latin America. AIDA’s Board of Directors has been renewed following internal elections, with the incorporation of three new members for the next period of three years. We’re honored to welcome: Xavier Martínez Esponda, a prominent Mexican attorney and Technical Operating Director of the Mexican Center for Environmental Law (CEMDA); Monica Roa, an accomplished Colombian attorney and defender of women’s rights; and Manuel Pulgar-Vidal, a renowned Peruvian environmental attorney, former Minister of Environment of Peru and current leader of the Climate and Energy Practice at WWF International. Manuel Pulgar-Vidal is returning to AIDA’s Board of Directors, which he chaired for eight years after helping to found the organization in 1998. The Board is currently chaired by Manolo Morales of Ecuador, Executive Director of the ECOLEX Management and Environmental Law Corporation. It has as Vice President, Jerónimo Rodríguez of Colombia, Sub-director of Natural Wealth Program at Chemonics International; as Chief Financial Officer, Martin Wagner of the United States, Director of the International Program at Earthjustice; and as Secretary, Margot Venton of Canada, attorney at Ecojustice. Other members include Rafael González of Costa Rica, President of Justice for Nature (JPN) and Pedro Solano of Peru, Executive Director of the Peruvian Society for Environmental Law (SPDA). AIDA is the only regional organization of Latin American experts providing free legal and technical support in defense of the environment and human rights in the Americas. We are constantly seeking new ways to strength the organization, including through the important roles of our Board members.
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Recently, I went to dinner with some friends. Two of them ordered salmon. The dish was expensive because, although Chile is the world’s second largest producer, salmon is a non-native species and one of the most popular fish in the country. I respectfully asked my friends if they were aware of the toll commercial salmon production takes on our oceans. Their response was glib: “That’s an exaggeration,” they said. “I don’t think it’s that bad.” Unfortunately, I expected that response. The environmental dangers of salmon farming in Chile are largely hidden, but that doesn’t make them any less serious. An unsustainable industry On July 5, nearly 700,000 salmon escaped from their pens at a farm off of Huar Island in Patagonia’s Los Lagos region. The escape has revived public debate on the dangers of Chile’s salmon industry. Caused by damage the pens sustained during a storm, the escape could represent one of the largest environmental catastrophes since salmon farming began in Chile in the 1980’s. But what’s the bigger problem? As it turns out, it’s not just one problem — it’s many. The problems of salmon farming first became visible in 2007 when scientists recorded the first case of infectious salmon anemia, a lethal illness for the fish. Although the industry adopted new infrastructure and sanitary standards, the root of the problem remained unaddressed—the overpopulation of marine habitats, packed with more fish than they could support, was causing oxygen depletion and, eventually, oceanic dead zones. Those poor farming practices also led to the excessive use of antibiotics to treat illnesses and infections. Eventually, other problems arose—algae blooms, and the so-called red tides that have devastated the area’s marine life. The recent massive salmon escape has posed serious public health risks because the fish had been treated with excessive amounts of antibiotics, making them inapt for consumption by humans or other animals. But, despite warnings from the authorities in the days following the escape, fishermen in the area began capturing salmon and selling them at extremely low prices. As an invasive predator, the salmon also posted a threat to the ecosystem, since they are aggressive fish prone to devastating anything in their path, including native species. Greenpeace said the escape was equivalent to a plague of 140 million rats eating anything in their path. Although the company was required to re-capture at least 10 percent of the salmon, they failed to reach that goal, despite offering up to $11 per fish. The work was further complicated since salmon are prey to sea lions and other predators. All this has revealed a clear structural problem—the lack of government control and regulation of an unsustainable industry. The most recent escape, from a farm owned by Marine Harvest Company, is yet another example of how the entire industry is failing to comply with environmental standards. According to Chile’s National Fish Service, some 3.3 million salmon have escaped from different fisheries in the Los Lagos, Aysén and Magallanes regions in the last eight years. Urgent Measures If this malpractice continues, salmon farming could destroy Chile’s marine biodiversity. Other countries have taken drastic actions in response to cases similar to the one on Huar Island. In the United States, for example, Washington State decided to gradually eliminate salmon farms after 300 salmon escape from a hatchery there. At AIDA, we are working to protect Chilean Patagonia, the country’s most pristine region, into which the salmon industry continues to expand. In May 2017, we filed a complaint with the Chile’s Superintendent of the Environment asking they investigate the damages salmon farms are causing to the Magallanes region, and sanction the companies responsible. We also commissioned a scientific report demonstrating how susceptible the region is to the risks of salmon farming. Hopefully my compatriots will realize that we share a common interest in protecting our most pristine waters from the damages of salmon farming. Because at the end of the day, that bite of salmon may be more expensive than they think.
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Affected communities have called on the Inter-American Development Bank to withdraw funding for the Pojom II and San Andrés dams for failure to comply with its operational policies. The mega-projects have damaged water sources and harmed the livelihoods of local indigenous people, particularly women. Washington, D.C. Indigenous communities affected by Guatemala’s Pojom II and San Andrés dams have called on the Inter-American Development Bank to withdraw its investment in the mega-projects. A complaint filed before the Bank’s independent accountability mechanism explains how the serious social and environmental damages caused by the planning and construction of the dams resulted from the projects’ failure to comply with the Bank’s operational policies. The communities are represented by the Interamerican Association for Environmental Defense (AIDA), the International Platform Against Impunity, and the Plurinational Ancestral Government of Q’anjob’al, Popti, Chuj and Akateko. “The damages caused by the projects’ implementation are the result of non-compliance with the Bank’s operational policies, particularly its policies on environment and sustainability, indigenous people, gender, and information disclosure,” explained Liliana Ávila, AIDA attorney. The complaint details how the dams were authorized without adequate community consultation, and how those affected did not receive sufficient information on the risks. In addition, community members who have peacefully resisted the projects have suffered attacks, threats, and harassment; in 2017, they reported the murder of one local resident, which has yet to be resolved. The construction of the dams has also caused severe environmental damage, including water scarcity and pollution, which have affected local people’s ability to fish, grow food, and maintain their tradition lifestyle. The affected people of the microregion of Ixquisis, in the department of Huehuetenango, are primarily indigenous Mayans including the Chu, Q’anjob’al and Akateko ethnic groups. “The damages from the dams are differentially suffered by women, since they are the primary managers of water use in their homes,” said Anabella Sibrián from the International Platform Against Impunity. “The women of Ixquisis face stigmatization and live in fear of retaliation for their peaceful opposition to the projects.” The Pojom II hydroelectric plant is operated by Generadora San Mateo S.A, while San Andrés is run by Generadora San Andrés S.A. Both are subsidiaries of Promoción y Desarrollos Hídricos S.A., a Guatemalan company. In 2013, IDB Invest, a private arm of the Inter-American Development Bank, approved loans of up to $9 million USD for the construction of Pojom II and up to $6 million USD for the San Andrés project. “We our hope that the Bank’s accountability mechanism confirms the projects have violated internal policies and thus recommends that IDB Invest withdraw its investment from these harmful mega-dams,” Ávila said. The Ixquisis communities were recently awarded the 2018 Front Line Defenders award for Human Rights Defenders at Risk for their valiant, peaceful struggle to defend their water and their territory. Find more information on the case here. Press Contact Victor Quintanilla (México), AIDA, [email protected], +521 5570522107
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