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.

Related projects

Protecting the rich marine life of Cabo Pulmo Reef

Defending Mexico's marine biodiversity from deep sea mining

Defending the Veracruz Reef from a port expansion project

Protecting Patagonian Seas from Salmon Farms

Protecting herbivorous fish, to secure a future for corals

Towards an end to subsidies that promote overfishing

July 27 2011

Living beyond our means

An article from Waterkeeper on the valuable ecosystems services provided by coastal mangrove swamps and the threats these face from developers.

July 25 2011

Civil society groups go to Court to defend Panama Bay

Groups submit arguments supporting government’s case for maintaining wildlife refuge. Panama City, Panama — Today, on International Mangrove Day, two civil society organizations announce their legal support for the government of Panama in a lawsuit brought by developers challenging the protected status of Panama Bay. The groups, the Interamerican Association for Environmental Defense (AIDA) and the Centro de Incidencia Ambiental (CIAM), submitted legal briefs detailing national and international legal arguments for upholding environmental protections established by the government in 2009 through a resolution issued by the environmental authority in Panama. The developers who are contesting the law, Panama Bay Development and Compañia Lefevre, are seeking to open the area to development of vast tourism complexes. Extensive tourism in the area would bring devastating environmental impacts to the sensitive ecosystem. The Panama Bay coastline is ringed with miles of pristine mangroves, which provide critical breeding ground for species relied upon by Panama’s fishing industry. Each kilometer of mangrove-covered coastline generates about $100,000 USD for Panama annually. Mangroves also help protect Panama from the effects of global climate change by buffering the coast from increasingly powerful tropical storms and by storing carbon from the atmosphere in their roots. A mangrove forest can sequester 50 times more carbon than a tropical forest of the same size, making mangroves a conservation priority if countries wish to halt catastrophic climate change. The protected area of Panama Bay is roughly 211,000 acres, slightly larger than the land area of New York City. Panama Bay is one of the earth’s most biodiverse places and is an essential habitat for migratory birds and threatened species such as jaguars and loggerhead turtles. “In the face of ever more powerful and dangerous climate-change-driven tropical storms, destroying coastal mangroves is one of the worst things a country like Panama could do,” said Anna Cederstav, Ph.D., staff scientist and co-director of AIDA. According to Sandra Moguel, an attorney for AIDA in Mexico, “Article four of the Constitution of Panama requires the observance of the rules of international law throughout the territory of that country. Obligations under the Ramsar Convention on Wetlands of International Importance and the Convention on Biological Diversity, both of which have been ratified by Panama, should thus be taken into consideration in deciding the challenge against the natural protected area.” "The creation or declaration of a protected area does not constitute expropriation. What it does is protect and guarantee the right to a healthy environment contained in the Panamanian Constitution” said Maria Acuña, CIAM´s legal advisor.

July 07 2011 Human Rights

Mexican Constitution protects human rights

On June 9, 2011, Mexico rewrote history. The Mexican Congress approved revisions that expressly recognize human rights in the national constitution for the first time. The new language requires all authorities to adhere to international human rights treaties Mexico is a signatory to when those treaties are more expansive than the "individual guarantees" currently on the books. As modified, Article 1 of the constitution now recognizes human rights in general and incorporates international law. This means groups such as AIDA and communities in Mexico will have better legal tools for defending the right to a healthy environment or clean drinking water. Or, for example, because indigenous communities’ right to free, prior, and informed consent is granted in international law, Mexico will now have to recognize this right. Moreover, although the Mexican constitution already recognized some rights, enforcement has been difficult. The revision provides additional legal tools and thus raises hopes for enhanced protection of those rights. These constitutional changes came after a four-year process initiated by the UN Office of the High Commissioner for Human Rights in Mexico, and involving academics, nongovernmental organization, and independent experts. AIDA contributed by evaluating existing legal tools for protecting human rights as well as international legal obligations. In 2008, the Mexican Congress started considering the human-rights-related constitutional revision, which was finally partially approved in June, 2011. While the Mexican Congress and government should be applauded for its vision, the constitutional change’s effectiveness remains to be seen. Recognizing human rights is only the first step, and the new commitment will mean little without compliance. In coordination with our allies in the country, AIDA will monitor Mexican cases to ensure enforcement of this profound advancement and improved protection of the right to a healthy environment.