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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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Every June 24, the Cora indigenous community celebrates the Day of San Juan. Gathering on the banks of a full-flowing river in western Mexico, they swap figures of the saint and offer him flowers in exchange for food, health, work and other favors. They also pay respect to San Pedro Mezquital, a river that is critical to their culture, livelihoods and spirituality. San Pedro Mezquital is the only dam-free river left in the Sierra Madre Occidental mountains where the Cora live. Starting in Durango, the river flows freely to the Pacific Ocean, where it feeds the Marismas Nacionales, a wetland of international importance and home to 20% of Mexico’s mangroves. But the river could be destroyed. Mexico’s state power company, the Comision Federal de Electricidad (CFE), wants to dam the San Pedro Mezquital to produce electricity, a project that would harm the environment and the human rights of indigenous people in the area, including the Cora. AIDA wants to stop this. We are working with local organizations and scientists to prepare a legal case based on environmental and human rights arguments. The aim is to deter the Mexican government from approving the environmental impact assessment (EIA) that would allow the CFE to start building the Las Cruces hydropower project. We have also launched a national campaign to raise awareness on why Las Cruces should never be built, with a website (in Spanish) focused exclusively on the issue. Arguments Against Las Cruces Dam Here are a few of the arguments against Las Cruces: Blocking the natural flow of the river will increase sedimentation and damage the mangroves of Marismas Nacionales. The project’s EIA fails to evaluate the cumulative environmental impacts and doesn’t use the best available scientific information. Construction of the dam will forcibly displace people and communities, possibly without compensation. The latter is not mentioned in the EIA. Indigenous peoples were not consulted on the feasibility studies of the project or its construction. Reduced river flow will affect the daily activities (agriculture, livestock, fishing, oysters, etc.) that provide food and work for the surrounding communities. Ceremonial locations will be flooded, destroying significant aspects of the spiritual life and ancient cultures of the natives in the area. On any given day, Coras and other local people jump into the San Pedro Mezquital for a swim in waters that provide a refreshing break – and their livelihoods. With your help, we can keep this and other rivers from getting destroyed by large dams like Las Cruces! Thank you!
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Appeal to the UN seeks to stop eviction of Panamanian community. Panama, Washington D.C., San Francisco, Lima. Environmental and human rights organizations submitted an urgent appeal to United Nations Special Rapporteurs on behalf of members of the indigenous Ngöbe community - the community faces imminent forced eviction from their land for the Barro Blanco hydroelectric dam project in western Panama. The eviction would force Ngöbe communities from their land, which provides their primary sources of food and water, means of subsistence, and culture. The urgent appeal, submitted by the Ngöbe organization Movimiento 10 de Abril para la Defensa del Rio Tabasará (M10) and three international NGOs, the Interamerican Association for Environmental Defense (AIDA), the Center for International Environmental Law (CIEL), and Earthjustice, asks the Special Rapporteurs to call upon the State of Panama to suspend the eviction process and dam construction until it complies with its obligations under international law. Given that the project is financed by the German and Dutch development banks (DEG and FMO, respectively) and the Central American Bank for Economic Integration (CABEI), the groups also urge the Special Rapporteurs to call on Germany, the Netherlands, and the member States of CABEI to suspend financing until each country has taken measures to remedy and prevent further violations of the Ngöbe's human rights. The forced evictions of the Ngöbe are the most recent threat arising from the Barro Blanco project. These evictions raise imminent violations of their human rights to adequate housing; property, including free, prior and informed consent; food, water and means of subsistence; culture; and education. "Our lands and natural resources are the most important aspects of our culture. Every day, we fear we will be forced from our home,"said Weni Bagama of the M10. The appeal highlights the fact that the Ngöbe were never consulted, nor gave consent to leave their land. "Panama must respect the rights of the Ngöbe indigenous peoples and refrain from evicting them. Executing these forced evictions will constitute a violation of international human rights law," said María José Veramendi Villa of AIDA. Also central to the appeal is the role of governments whose banks are funding the dam. "Under international law, States must ensure that their development banks do not finance projects that violate human rights, including extraterritorially. Forced eviction of the Ngöbe without their consent is reason enough to suspend financing of this project," said Abby Rubinson of Earthjustice. Barro Blanco's registration under the Kyoto Protocol's Clean Development Mechanism (CDM) is another point of concern. "Panama's failure to protect the Ngöbe from being forcibly displaced from their land without their consent casts serious doubt on the CDM's ability to ensure respect for human rights under international law," said Alyssa Johl of CIEL. "CDM projects must be designed and implemented in a manner that respects human rights obligations."
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“It always seems impossible until it becomes reality.” —Nelson Mandela Nelson Mandela died one month ago. Much has been written about him since then, and he has been globally honored like none other. Despite possible year-end amnesia and at the risk of sounding cliché, I am writing this post in his honor. I’m particularly interested in highlighting four leadership qualities Mandela possessed, and pointing out how those same qualities can help us be more effective environment defenders. Nelson Rolihlahla Mandela was born in Qunu, a Xhosa community in the state of Transkei, in the southeastern part of South Africa. Mandela’s birth name Rolihlahla means “troublemaker,” in the Xhosa language. But a schoolteacher began calling him Nelson, according to the custom of calling children by their English, rather than African, names. Another of Mandela’s names—Dalibunga (or founder of the bunga)—was given to him during a traditional initiation ceremony at the age of 16. He was also called Madiba, a name given by his tribe in honor of a Tembu chief who ruled during the 18th Century. According to tradition, Mandela was destined to be an advisor to the Tembu king. But he ended up being a leader far beyond the borders of the Transkei region, and changed the world even beyond South Africa. He was a leader of reconciliation and compromise. He had an enormous capacity for forgiveness and an ability work peacefully with, rather than seek revenge against, those who oppressed his people for centuries, and imprisoned him for 27 years. In what follows, I’d like to discuss four characteristics that Mandela exemplified. If we emulate these qualities, we can, like Mandela, help make the world a freer and more just place. 1. Values and a common cause as an absolute guide to decisions “There is no easy walk to freedom anywhere, and many of us will have to pass through the valley of the shadow of death again and again before we reach the mountaintop of our desires.” Mandela lived according to his values. He had the goal of ending apartheid and securing freedom for himself and his people. His desire for freedom guided each of his actions, including after he succeeded in ending apartheid in his country. Over the decades of his struggle, including more than a quarter century in prison, there were undoubtedly moments of despair and fear in which other people would have given up hope. Mandela and his colleagues, however, persisted. The cause that united them was greater than their individual will, and stronger than even Mandela himself. Although we cannot compare our work to the struggle against apartheid, we have indeed made important progress by rallying behind a common cause. One recent victory, in 2011, was a change in the Mexican Constitution in favor human rights. It would not have been possible without the joint work of our partner organizations, academia, and the Office of the High Commissioner of Mexico. 2. Conscientious, disciplined, committed and coherent “Running taught me valuable lessons. In cross-country competitions, training counted more than intrinsic ability, and I could compensate for a lack of natural aptitude with diligence and discipline. I applied this in everything I did.” Persistence and discipline were qualities that made a big difference for Mandela in reaching his goals. His commitment to every challenge, his clarity, and even his limitless stubbornness still manage to surprise us. His success was not achieved through supernatural powers, nor was there a single moment in which everything magically changed. On the contrary, Mandela’s achievements were a consequence of a life dedicated to study, work, and learning. He was constantly listening to others, building strategies, and rethinking them in order to achieve his goals. He made mistakes and bad decisions, but also had successes that collectively helped achieve his dream of freedom. Sometimes we feel that the results are impossible. In fact, they are, if we’re trying to reach them immediately. At AIDA, we have learned this in the case of La Oroya, in which we have had to be persistent and disciplined in order to achieve lasting results. With the people of La Oroya we have worked for change for 15 years, and we will continue until we achieve it. 3. All on the same side — there is no good vs. bad “If you want to make peace with your enemy, you should work with your enemy. Then he will become your partner.” I often wonder where South Africa would be if Mandela and his colleagues had not reached small agreements, if they had not overcome their many differences and moved forward. Moreover, what would have happened in that country if they had not been able to transcend hatred toward their oppressors in order to find peaceful and coordinated solutions? Surely, the outcome would have been a civil war with unimaginable consequences. One element that avoided such a catastrophe was Mandela’s constant ability to find solutions, reach agreements, maintain dialogue, and demand concrete results toward real change. No doubt, the process was not easy, quick, or smooth. But perseverance, clear goals, a desire to reach consensus, and the ability to find interlocutors made even the most complicated situations possible. When I think of our job of protecting the environment, I realize how much we lack and the great opportunity that lies before us. For example, instead of competing with colleagues at other organizations, or trying to defeat governments or corporations, we should remember that we are all working toward solutions to a common goal. The lure of “winning” and seeing others lose is powerful. But, surely, we will gain more if we work with our “enemies” and become partners instead. 4. A step back in celebration, a step forward in times of peril “It is better to lead from behind, and put others to the front, especially in celebration when good things occur. You step forward when there is danger. Then, people will appreciate your leadership.” Leadership is very different from being a dictator or a strongman. A person who is a true leader allows and encourages others to grow, develop and evolve in order to reach a common goal, even if they shine more than their bosses. Mandela was conscious of being a symbol so that everyone in South Africa could be free and treated as equals. Many times, he put that role above his own self-interest. On more than one occasion, Mandela had the possibility of improving his prison conditions or of obtaining early release. Instead, he chose to stay imprisoned because he believed that the conditions to dismantle apartheid were not met, and that the unjust system would not change if he were released. “Real leaders must be ready to sacrifice everything for the freedom of their people.” Sadly, contrary to what Mandela said, many “leaders” jump at the chance to receive medals, but have difficulty taking responsibility for the mistakes or shortcomings of their team. We must remember that the type of leadership that Mandela embodied can accomplish miracles. It translates into actions that allow changes no one would have thought possible—the fall of apartheid, for example, or a simple handshake between President Obama and Raul Castro, a symbol of reconciliation that took place at Mandela’s funeral. So, dear leaders, have a happy 2014! I invite you to consider these leadership skills and put them into practice. For your success, and for the survival of our planet!
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