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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Tárcoles: The most contaminated river in Central America
The sun rises slowly over the Rio Grande de Tárcoles. Guacamayas rest on treetops, and crocodiles laze upon the shore. Hundreds of tourists stop to photograph this beautiful moment when, suddenly, a hunk of garbage floats by. This is life on the Tárcoles, the most polluted river not just in Costa Rica but also in all of Central America. While the country has made great strides in moving beyond fossil fuels for power generation, there is still much to be done in terms of waste management. The source of pollution There are two main reasons for the excessive contamination of the large river: increasing urbanization and government bureaucracy. Within the river’s enormous span—which covers 4.2 percent of the Costa Rican territory—flows all the dirty water of the small nation’s Greater Metropolitan Area. In 2012, the State of the Nation report revealed that 96 percent of the country’s wastewater was untreated before entering the river. The Tárcoles suffers the consequences of this deficiency. The river is used as a city sewer, receiving the equivalent of 100 Olympic swimming pools of untreated water, according to the Institute of Aqueducts and Sewers. Its waters have been victim to antiquated laws that have for years favored economic activity above the river’s health. Despite an established fine for discharging wastewater and pollutants into the river, enforcement is not respected. As a result, the number of illegal spills of dirty water, tech waste, and garbage into the Tárcoles remains unchanged. Thanks to all of this, the National University’s environmental analysis laboratory estimated that if more effective measures were not adopted by the year 2040, the river’s recovery would be impossible. The river has been saturated with pollution, reaching the critical situation we find it in today. Environmental wealth at risk Despite the heavy pollution, the biological wealth at the mouth of the Tárcoles River is extraordinary. In its waters lives the largest American crocodile population in the country and around 50 species of birds. The river feeds the Guacalillo mangroves, home to a huge variety of animals, and four of the five species of mangrove in Costa Rica. This rich ecosystem also contributes to fishing and tourism for the subsistence of local communities, who pride themselves on its natural beauty. What’s been done and what’s left to do Efforts have been made to mitigate the impact of pollution on the river and to rescue its great biodiversity. The Los Tajos water treatment plant was designed to clean 20 percent of the waters that reach the Tárcoles. Isolated citizens’ cleaning campaigns have also made an impressive impact. In 2007, a cleanup of the river removed approximately 1,000 tires from its waters. This spurred the government to issue a decree favoring local communities, with the intention of guaranteeing their right to a healthy environment. The decree recognizes the biological importance of the river and the deterioration it has suffered. It created the Comprehensive Management Commission for the Rio Grande de Tárcoles Basin to plan sustainable ways to protect the river. These responses are steps in the right direction. However, more significant actions are needed to ensure the full recovery of the Tárcoles, before the damage becomes irreparable. The Commission has thus far been unable to mitigate pollution significantly. It needs better organization and more resources. The Commission should be involving local communities and carrying out massive cleanups in the river basin. The Institute of Aqueducts and Sewers must act efficiently to treat wastewater properly, prevent illegal spills, clean the river to restore the health of this sick giant, and control all water entering the river. The challenge is great, but the natural beauty of the river basin makes it a worthwhile effort.
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The Odebrecht Tsunami: can we restore the public trust, or just the money?
(Column originally published in El País) Corruption in Latin American and the Caribbean is no longer news. Some even consider it normal. But this too has a limit. So when we learned of the extent of corruption involved with Brazilian multinational Odebrecht, the news hit like a tsunami: the corporation not only swept away huge piles of money, it also destroyed the public trust. Now we must question whether the more than 100 infrastructure projects involved in the Odebrecht case were really in the public interest, or if they were merely an excuse to pay millions in bribes. The details of this complex and corrupt machinery came to light on December 21. That day the Department of Justice and the US Attorney’s Office published a document in which corporate executives confessed to having paid roughly $788 million in bribes to officials in 11 Latin American countries and Mozambique. According to the document, “between 2001 and 2016, Odebrecht, together with its co-conspirators, knowingly and willfully conspired and agreed with others to corruptly provide hundreds of millions of dollars… for the benefit of foreign officials, foreign political parties, foreign political party officials, and foreign political candidates… in order to obtain and retain business…” It is a confession of actions that completely betray the public trust. The executives implicated dozens of governments, including heads of state (such as Colombian President and Nobel Prize-winner Juan Manuel Santos), ministers, senators, and others who are now being investigated or have been jailed. Indignation is rampant, as are demands for justice. Although it wasn’t possible to access the complete list of projects, public information in each country accounts for the following: Argentina: gas pipelines, water purification projects, potassium extraction, and the burial of the Sarmiento railway, among others. Brazil: hundreds of projects, including extractive industries and the Belo Monte Dam, which since its planning stages has been violating human rights. Colombia: the Ruta del Sol and the navigation of the Magdalena River, the two most important engineering projects in the country. Ecuador: the Manduriacu dam and the Pacific refinery. Although the administration of Rafael Correa has stated that possible bribes occurred before 2007, the US government claims to have evidence of later bribes. Mexico: the Ethylene XXI petrochemical project (the largest in Latin America) and the Los Ramones II Norte gas pipeline. Peru: the North-South Interoceanic Highway, the Alto Piura hydroelectric project, and the Lima electric train. Dominican Republic: the Punta Catalina thermoelectric plant and the Pinalito hydroelectric plant. In all countries, the bribes involve energy or infrastructure projects that were declared essential for development by governments, international agencies, and corporations. Yet communities and organizations have for decades denounced these same projects for abridging human rights, harming the environment, and aggravating climate change. The majority of their complaints about these projects were ignored. The Belo Monte Dam, for example, began operations despite the fact that the Inter-American Commission on Human Rights requested a halt to its construction and government protection of the rights of affected indigenous communities. Requests for justice were also repressed, sometimes by the very governments that, according to the evidence, were reportedly given bribes to implement the projects. The situation is all the more serious if we consider that Latin America is the most dangerous region in the world for human rights defenders, particularly those who protect the environment and their territory. Faced with unprecedented corruption, it is vital to analyze each of the projects from the Odebrecht case to determine its true public utility. It’s likely that, in many cases, the socio-environmental costs far outweigh the benefits. In such cases, damages must be penalized. The Odebrecht case may be just the tip of the iceberg in a broader regional problem. Each State and corporation on the continent must adopt effective anti-corruption measures and re-evaluate their project planning and implementation processes. One clear lesson from this scandal is that the region needs to strengthen the independent, objective fulfillment of national and international standards for the protection of the environment and human rights. In the case of mega-projects, transparency and the participation of those affected (and those interested in protecting the public interest) must be ensured. Given that, in some cases, the investigation of corruption rests with the administrations implicated in the scandal, independent regional citizen’s oversight should be established to investigate the impacts of the mega-projects, and the best ways to compensate for damages. We must ensure, once and for all, that decision-makers are truly serving the public interest, and not their own pocketbooks. All of us citizens must contribute to making this a reality. One thing you can do to help is support AIDA – the only regional organization of Latin American experts providing free legal support to secure the wellbeing of people, places, and the planet.
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AIDA statement on the death of thousands of fish in Costa Rica
The recent mass die-off of anchovy—a species on which birds, marine mammals, and other fish depend for nutrition—must be analyzed in detail. Upon finding the cause, an integrated solution must be implemented at the national and regional levels. San José, Costa Rica. On February 15, thousands of anchovy washed onto the beaches of Puntarenas, two kilometers from the gulf of Nicoya. Experts from the National University of Costa Rica have ruled out algae-producing toxins and a red ride—which occurs from excessive proliferation of microalgae—as possible causes. At this point, authorities do not know why the fish died. The anchovy is a species that contributes greatly to the balance of the marine environment. Many species of birds and marine mammals, as well as other fish, depend on the anchovy as a vital source of nutritients and protein. Responding to the incident, Gladys Martínez, attorney with AIDA’s Marine Biodiversity and Coastal Protection Program, said: “It is vital that we analyze in detail the factors that may have caused this mass anchovy die-off. We have to determine what is affecting them and prevent a similar situation from happening again. Once the cause is found, a solution must be implemented that takes into account all components of the marine environment. “In addition, it is important that Costa Rica work both nationally and regionally on a comprehensive solution. Anchovy is a common species in the region and, although not highly migratory, it does move over short distances, warranting the involvement of surrounding nations as well.” Press contact: Gladys Martínez, AIDA, [email protected], +506 8321 4263
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