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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 all know coral reefs are fragile environments, highly vulnerable to climate change and pollution. But did you know they also had to compete for light and oxygen with the tiny macro-algae that cover their surface? That’s why some of corals' best friends are herbivorous fish—species like parrotfish and surgeonfish that feed on algae, helping to keep corals healthy. But in the Caribbean, unsustainable fishing practices are causing a decline in populations of parrotfish (and other herbivorous fish), putting the health of corals at risk. That’s why, in AIDA’s marine program, we’re launching a large-scale project dedicated to the conservation of herbivorous fish throughout Latin America—focused on the nations of Colombia, Costa Rica, Guatemala, Honduras, Mexico and Panama. Herbivorous fish conservation The parrotfish is one of the most important fish living in coral reefs. They spend most of the day nibbling on corals, cleaning algae from their surface. They also eat dead corals—those bits and pieces that protrude from the reef—and later excrete them as white sand. A key element to maintaining sustainable fisheries is catching only adult fish—those that have already matured and reproduced. But in the Caribbean right now, people are fishing juvenile parrotfish. Though not a commercial species, parrotfish are being captured because they’re some of the only fish left in the reef. The irresponsible nature of commercial fishing in the region has caused a drastic decline in both commercial and herbivorous fish. “A key element of maintaining a sustainable fishery is catching only adult fish, which have already matured and reproduced. But what’s happening in the Caribbean is the fishing of young parrotfish,” explained Magie Rodríguez, AIDA marine attorney. Most fishing is done with gillnets and hooks, which cause high levels of by-catch—unwanted populations of marine species caught in commercial fishing. Harpoons and traps are also used, which prevent younger, smaller fish from escaping and continuing their life cycle. Surgeonfish and damselfish are two other herbivorous fish—both small and quite beautiful—falling victim to irresponsible fishing practices. Their popularity in tropical home aquariums has led to a decline in their wild populations. Remember Dory, from Finding Nemo? She was a surgeonfish, and the movie’s popularity led to an increased demand for her species in aquariums. What the movie didn’t tell you is that the surgeonfish’s small, sharp teeth are highly adept at chewing algae, preventing the plantlife from essentially choking coral reefs of oxygen and light. Conservation strategies AIDA’s project for the conservation of herbivorous fish in the Caribbean is in its initial phases. Our objective is the implementation of diverse strategies, across the six Latin American nations, to protect these fish and, by extension, the reefs they call home. “To restore the balance of the coral ecosystem, it’s necessary to achieve the recovery not just of herbivorous fish populations, but also of commercial species,” Rodríguez said. So we’re talking not just about fishing bans, but also about the general adoption of sustainable fishing tools that take into account the tourism potential of coral reefs. The project will also contemplate adequate wastewater management strategies, consumer education, and collaboration between governments, NGOs, universities and scientists. Corals are, among other things, a source of economic income and food for coastal communities that live from fishing and tourism. Plus, they are natural barriers against storms and hurricanes. “Corals do a lot for us and we have to take care of them,” Rodríguez added. “We’ve come to find that the best thing we can do to keep corals healthy is to protect the herbivorous fish that call them home.”
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As a woman and an environmental defender, I find it necessary to commemorate the role of women in the protection of our natural heritage. I feel a special pull toward making visible the links between environmental defense, courage, and gender. Women are the first victims of environmental deterioration, but they’re also the greatest protagonists in the defense and conservation of nature. Although it may seem like women and the environment are two different topics, there are subtle—but strong—links between the two, particularly when it comes to water. Women have an important relationship with water—they are both sources of life and fundamental to existence. It’s not surprising, then, that women can often be seen leading struggles in defense of water, especially within indigenous and rural populations. Joan Martínez Alier, professor of economics at the Autonomous University of Barcelona and an expert in political ecology, explained to Agencia EFE that often, socio-environmental conflicts involving mining or the privatization of water directly affect the survival of communities and, for that reason, women act in defense of water as they would in defense of their land or their family: bravely and completely. Little is known, however, about the knowledge and experience of women in water management. In many cases, especially in the Global South, the administration of water resources, as well as the elaboration and implementation of related policies, doesn’t take into account gender roles and lacks a differentiated approach. In rural Colombia, for example, women bring water to their homes from rivers or springs, boil it for use in the kitchen, and care for it. Despite their central role, they are not consulted when decisions are made locally or nationally about the water supply. It’s necessary to bring visibility to the role women play in water management, give equal recognition to the interests of men and women, and promote equal access to decision-making spaces. Only in that way can we advance towards greater equality. It’s important to remember that Latin America is one of the most dangerous regions in the world to be an environmental defender, and more dangerous still for women. Many women, who fight silently from their communities or from their leadership roles, have suffered the violence and injustice that comes with defending what is theirs. I must take a moment now to remember and honor Berta Cáceres, the indigenous activist and leader of the Civil Council of Popular and Indigenous Organizations of Honduras (COPINH), who dedicated her life to the defense of the Gualcarque River. Berta was murdered in March 2016, after years of threats stemming from her opposition of the Agua Zarca Dam. She may be gone, but her spirit, and her commitment to justice, is still very much alive. I’d also like to mention my colleagues, courageous friends, and allies who through their struggles are shaping a more just and equitable world. They believe, with all their hearts, that gender justice comes hand-in-hand with environmental justice. In our current reality, equality, more than a starting point, is a goal we must work towards. Concrete actions are needed to counterbalance the discrimination that affects us all. That’s why it is fundamental to incorporate the gender approach in any plan, program, project or mechanism of public administration. As the World Bank mentions in a 2002 report, the way to ensure both men and women benefit more equitably from policies is to make their needs and experiences an integral part of them. Life depends on women, as it does on water. That’s why we proudly act as stubborn defenders of not just water, but of all natural resources and of those who depend on them. Although not always visible, our struggle is as present as the water that travels in so many ways across our planet. It’s important that we come together in support of one another—in our victories and our defeats. May we continue sharing our fears and our fights and, above all else, may we never abandon the defense of our territory—because it defines us and to it we owe everything. I’ve always thought that water has the face of a woman. Every day now, I see it more clearly.
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In response to a consultation made by Colombia, the Court recognized the right to a healthy environment as fundamental to human existence. They also recognized the impact of climate change on human rights. At AIDA we celebrate this decision, which strengthens the obligations of States to protect the natural environment and those who depend on it. The Inter-American Court of Human Rights established a historic precedent for the protection of the people of the Americas in its response (Advisory Opinion) to Colombia’s consultation on the scope of States’ obligations to protect human rights from damages to the marine environment in the Greater Caribbean region. “We celebrate this decision, which will undoubtedly serve as a global example and a fundamental legal tool for those of us who work for environmental and climate justice,” said Astrid Puentes Riaño, co-executive director of AIDA. “It will also serve as an impetus for the States of the region to protect key ecosystems, such as the Guarani Aquifer, the Andes, the Amazon, the Pacific and the Greater Caribbean region.” The Court concluded that a healthy environment is an autonomous right, “fundamental to the existence of humanity,” in the first time they have developed the subject. It also recognized the impact of climate change on the effective enjoyment of human rights, particularly for the most vulnerable populations, such as indigenous peoples, children, and those living in extreme poverty. With this decision, taken in November and made public yesterday, the Court welcomed and enhanced similar recognition by organisms of the United Nations and regional courts. The Court established that the obligation of States to respect the rights to life and personal integrity, in relation to environmental protection, implies that they must: Avoid causing “significant” environmental damage in and outside their territory, for which they must regulate, supervise and monitor activities that could cause harm. Assure, among other things, the realization of effective and independent environmental impact studies, as well as mitigation and contingency plans for potential damages. Cooperate with other States and provide them with information regarding risks to their natural environment. Apply the precautionary principle to protect the rights to life and personal integrity due to serious and irrevocable environmental degradation, even when scientific uncertainty exists. Guarantee the rights to public participation, access to information related to potential environmental harms, and access to justice in decision-making that could affect the environment. In January of 2017, AIDA presented observations on Colombia’s consultation and, in March of that year, participated in a hearing before the Inter-American Court. We argued that the implementation of large infrastructure projects in the Greater Caribbean and other areas could affect the environment to such a point that they could put at risk the life and personal integrity, among other human rights, of the people living there. “The Court has taken an important step towards the protection of the oceans and other key ecosystems by incorporating international commitments to environmental protection as part of the obligation of States to protect human rights,” said Gladys Martínez, senior attorney of AIDA’s Marine Program. Consult and download a summary of the Court decision here. Press contact: Victor Quintanilla,+521 5570522107, [email protected]
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