Project
Photo: Thomas Jundt / CC BY-NCVictory: Crucitas gold mine cancelled for environmental harm
In Costa Rica, for the first time, a high-level court cancelled a large-scale mining project for the first time because it violated national laws and threatened the health of the environment. AIDA played an important role in establishing this precedent.
The company, Industrias Infinito, with the support of the previous government, planned to construct an open-pit gold mine in an incredibly biodiverse area near San Juan River, which forms the country’s border with Nicaragua.
The construction and operation of the mine threatened not just the environment but the cultural survival of 32 communities whose way of life depends on tourism and sport fishing in the area.
The fight to stop Crucitas began in 2008 when AIDA warned the Costa Rican government about potential international law violations and environmental impacts that had to be considered before allowing for the project’s implementation. We recommended suspending all work on the project until legal compliance and the protection of the environment and human health were guaranteed.
In November 2010, the Costa Rican Contentious Administrative Court cancelled the project’s concession, reiterating the importance of complying with legal standards when approving projects.
Though the company appealed the ruling, an appeals court later rejected their request and the Crucitas gold mine was cancelled for good.
We congratulate the national NGOs who worked on this case, especially the Environmental and Natural Resources Law Center (CEDARENA), for their tireless efforts in defense of the environment and human rights.
It is our hope that the precedent established in the case will be replicated in nations across Latin America.
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Inter-American Court establishes historic precedent for the protection of human rights in the Americas
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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Organizations alert authorities of threats to Puerto Morelos Reef
Mexico’s Puerto Morelos Reef National Park, a national protected area and Wetland of International Importance, is at risk due to massive and unsustainable tourism activities. Civil society organizations solicited a visit of international experts from the Ramsar Convention to evaluate the risks facing the site. A coalition of local, national and international organizations presented an urgent alert before the Ramsar Convention, an intergovernmental treaty on wetlands, warning of the threats facing Mexico’s Puerto Morelos Reef National Park due to massive and unsustainable tourism. The Interamerican Association for Environmental Defense (AIDA)—with the support of the Mexican Center for Environmental Law (CEMDA), Voces Unidas for Puerto Morelos, the Puerto Morelos House of Culture, Flora and Fauna of Mexico, and the Center for Innovation and Investigation for Sustainable Development— solicited a visit of international experts to evaluate the risks. "Because some of the area’s tourism projects were not subjected to a rigorous environmental impact assessment, they have transformed the coastal territory, degrading and contaminating ecosystems, particularly coral reefs and mangroves," explained Sandra Moguel, regional director of CEMDA’s Southeast office. The National Park was created as a natural protected area in 1998 and was registered in 2004 as a Wetland of International Importance under the Ramsar Convention. It is a unique site due to its high biodiversity—its coral reefs provide habitat for fish, sharks, pink snails and sea turtles, while its mangroves harbor crocodiles and herons. In addition, like other wetlands, it helps prevent coastal erosion and provides breeding and feeding grounds for the area’s fish. "The site’s ecological and scenic beauty attracts tourism projects which, because they’re not properly evaluated, promote the irrational use of natural resources," said Camilo Thompson, AIDA marine attorney. "A Ramsar mission is urgently needed to evaluate the damages, propose compensation, issue recommendations on the growth of tourism and real estate, and identify alternatives to ensure the rational use of the park’s ecosystems." The Puerto Morelos Reef forms part of the Mesoamerican Reef System, considered the second largest barrier reef in the world. "Any activity carried out in the reef requires a strategic environmental assessment that considers the cumulative and synergistic impacts on the coastal wetlands, sea grasses and reefs of Puerto Morelos," Thompson added. "The Mexican State must apply the precautionary principal and ecosystem approach to confront the threats to the biodiversity of this unique site." Download the alert presented before the Ramsar Convention (in Spanish). Press Contacts: Camilo Thompson, AIDA Attorney, +521 9671302346, [email protected] Ricardo Ruiz, CEMDA, + 55 5211 2457, [email protected]
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Authorization of port expansion violates Mexico's international commitments
Mexico’s approval of the Port of Veracruz expansion project violates the nation’s international environmental and human rights commitments. To highlight this conflict, AIDA filed an amicus brief supporting residents of Veracruz in their attempt to protect the Veracruz Reef System, currently threatened by the port’s expansion. Veracruz, Mexico. In support of an amparo filed by local residents against the expansion of the Port of Veracruz, the Interamerican Association for Environmental Defense (AIDA) filed an amicus brief before Mexico’s Fifth Circuit Court with detailed information on international standards and treaties to which Mexico is party, and which the government violated upon authorizing the project. “By putting at risk the Veracruz Reef System—the largest in the Gulf of Mexico, whose protection is a matter of public interest—the government also threatens the right to a healthy environment of the people who depend on it,” explained Camilo Thompson, AIDA attorney. “The expansion project was authorized without an adequate evaluation of the impacts it would have.” Mexico granted the project’s environmental permit on November 21, 2013. Just a year earlier, it had reduced the area of the reef system, changing its boundaries to make the project viable. At the time of authorization, adequate scientific information was not available to understand how to avoid damaging the reefs and protect the services they provide to the people of Veracruz. Among their many benefits, the reefs provide income to coastal residents through fishing and tourism, and they act as a natural barrier against storms and hurricanes. Upholding these ecosystem services, local residents, advised by the Mexican Center for Environmental Law, filed an amparo against the project’s authorization, which was admitted by the court in March 2017. In their supporting brief, AIDA argues that, in authorizing the project, the government breached international obligations to protect its natural environment and the people that depend on it. Many of those obligations are outlined in treaties to which Mexico is party, including the Convention on Biological Diversity, the Ramsar Convention on Wetlands, the Inter-American Convention for the Protection and Conservation of Sea Turtles, the United Nations Framework Convention on Climate Change, and the American Convention on Human Rights. The Veracruz Reef System is a Natural Protected Area nationally, and is listed as a Wetland of International Importance under the Ramsar Convention. It serves as a refuge for many marine animals, among them endangered species of sea turtles. “The reefs of Veracruz contain a rich natural wealth that must be protected,” Thompson said. “The expansion project would destroy part of that habitat and lead to the loss of a great amount of biological diversity. It also could lead to stranded vessels, contaminating spills, and the loss of fishing resources that sustain the local economy.” Press contact: Camilo Thompson, AIDA attorney, +521 9671302346, [email protected]
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