Project
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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Victory in Colombia: Citizens Vote to Ban Mining in their Territory
On March 26, 2017, 98% of voters in Cajamarca, Colombia decisively rejected mining in their territory. The results of the referendum (or “popular consultation”) are binding under Colombian law. Now municipal authorities must issue regulations to implement the ban. AIDA was part of the legal team that advised the Cajamarca community and developed a strategy, including the referendum, to stop a proposed mine that threatens to pollute the water supply. AngloGold Ashanti was in the exploration phase of a project called La Colosa (the Collosus)—aptly named, because it would be among the world’s 10 largest open-pit gold mines, the second-largest in Latin America. In a country coming out of a 50-year civil war, the referendum is a victory not only for the environment, but also for democracy. Banning mining through popular consultation demonstrates a commitment to solving environmental conflicts in a peaceful and participatory manner. It also allows citizens to exercise their human right to have a voice in public issues that affect them—a key element of true democracy—and to safeguard their human right to a healthy environment.
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Lowering Peru’s air quality standards is regressive and harmful to public health
The government of Peru has proposed increasing the legal amount of sulfur dioxide in the air by more than 12 times and doubling the allowed level of particulate matter, substances known to cause serious health harms. The proposal ignores both scientific evidence and the government’s obligation to uphold conditions that are suitable for human life and health. Lima, Peru. Peru’s Environment Ministry has proposed new National Environmental Quality Standards for air, which would impact the health of Peruvians everywhere. The proposed standard increases by more than 12 times the limit for airborne concentrations of sulfur dioxide (SO2) and doubles the allowable amount of fine particulate matter. The increased limits ignore scientific evidence that finds these substances can cause lung problems and other illnesses, particularly among the most vulnerable populations such as people with asthma, children, and the elderly. “There is overwhelming scientific evidence to conclude that sulfur dioxide pollution poses a serious health risk, particularly when the contamination reaches high levels over short periods of time, something the proposal does not take into account,” said Anna Cederstav, co-director of the Interamerican Association for Environmental Defense (AIDA). AIDA prepared comments on the proposal that were presented to the government of Peru together with APRODEH. These pointed out that, contrary to the government’s assertion, reducing sulfur dioxide levels in the air would lead to longer life expectancy. This is because, among other reasons, sulfur dioxide also promotes the formation of PM2.5, small particulate matter that lodges in human lungs and causes acute respiratory problems such as bronchitis and pneumonia, as well as premature death. The government proposes to simultaneously double the legal limit for these extremely harmful particles. The organizations also highlighted flaws in the public consultation process. The government published the draft standard on Saturday, April 8, just before the Easter week holiday, giving only 10 working days for public comment on this critical public health issue. They also failed to make public the entire scientific and technical basis for the proposal. In so doing, the government has violated the rights to information and public participation. The comments also emphasize that the government’s proposal violates the American Convention on Human Rights and other international treaties to which Peru is a party, by failing to guarantee the human rights to life and health. While the proposed changes would impact Peru’s entire population, the residents of cities with high levels of pollution, such as La Oroya, would suffer the most severe impacts. La Oroya is an emblematic case because the metallurgical complex operating there—which has for decades been a macro-emitter of pollutants—is in the process of being sold. The government has publically acknowledged that the weakening of the air quality standards is an attempt to promote the sale of the complex. But it ignores the effects those relaxed standards would have on the people of La Oroya, who have seen significant improvements to both their air quality and their health in recent years. People affected by the pollution in La Oroya have sued the State before the Inter-American Commission on Human Rights in an attempt to protect their rights. For ten years, they have been granted precautionary measures due to the risk the pollution poses to their health and life; those measures were recently extended to additional people because the level of risk has continued. “Relaxing air quality standards to facilitate the sale of the complex and increase investment in Peru would be a setback for the protection of health and the environment, which could result in the State being held responsible before the Inter-American Court on Human Rights,” said Christian Huaylinos of APRODEH. “In addition, such actions would violate free trade agreements signed by Peru with the United States and the European Union.” Consult the comments sent to the Environment Ministry of Peru and more information on the case of La Oroya. Press contacts: Rodrigo da Costa Sales, AIDA, rsales@aida-americas.org, +51 994767961 Christian Huaylinos, APRODEH, christian@aprodeh.org.pe, +51 959 789 232
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Belo Monte Dam must comply with conditions before continuing operations
Last week a federal court in Brazil suspended the operating license of the Belo Monte Dam. Prosecutors said the dam's operating company, Norte Energía, failed to complete basic sanitation works in the city of Altamira, which has been directly affected by the hydroelectric project. The decision comes in response to a legal appeal filed by the Federal Public Ministry. The sanitation work was a condition for the dam's licensing, authorized by the Brazilian Institute of Environmental Resources (IBAMA), and should have been completed before the reservoir was filled; it was not. "This is the first time that a federal court has suspended one of Belo Monte's suspensão de segurança, a legal tool that guarantees the dam's operation even though it hasn't completed the conditions required under its operating license. In practice, the decision means that the dam must immediately halt all operations, although the completion of pending work may continue," explained AIDA attorney Marcella Ribeiro. "Beyond being an issue of sanitation, this judgment represents an important step forward in the fight to force the operating company to adequately comply with the conditions necessary for the dam's operation, which favor affected communities." "We hope the Brazilian justice system continues to guarantee the protection of the rights of all those affected by the Belo Monte Dam.”
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