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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The role of civil society in the Green Climate Fund
Climate change is real, and its impacts are here to stay. The nations of the world have agreed that, to get out of this mess, they must act together. But beyond setting intentions, little progress has been made. One important opportunity to get things done is the Green Climate Fund, the primary financial mechanism of the United Nations Framework Convention on Climate Change (UNFCCC). It’s a relatively new institution with the ability to move large quantities of money from rich countries to those in development. With these resources, the most vulnerable and least financially equipped nations can develop the projects and programs they need to confront climate change. How the Fund works in practice The Fund is a complex mechanism in which diverse actors interact. The Board of Directors, in charge of governing and supervising the Fund, is made up of 24 members, 12 representatives from developed nations and 12 from developing ones. The Independent Secretariat implements the decisions adopted by the Board. The Fund relates to countries through the National Designated Authorities or Focal Points, which are entities designated within each nation. The Fund also accredits national, regional and international institutions to channel economic resources through the presentation and implementation of climate proposals. These are called Accredited Entities. Last, but certainly not least, observers from civil society and the private sector play a key role in ensuring that the Fund takes into account the needs of local populations, especially the most vulnerable, when approving projects and programs to combat climate change. How decisions get made In practice, the Fund has been built at meetings of its Board of Directors, held every three months. There, board members discuss and decide on the policies that shape the Fund. They also grant accreditation to entities that will channel funds from the GCF to the different countries, and approve the projects and programs that the Fund will finance. Last October, I was fortunate to participate, as a civil society observer, at the 14th meeting of the Board, which was held at the Fund’s headquarters in Songdo, South Korea. I had the opportunity to see, on the ground, how this complex international mechanism works and, above all, how civil society contributes. It quickly became clear to me that the working conditions of civil society are not easy. To begin with, there is no economic support for civil society representatives that must travel and stay abroad at least three times a year to attend the board meetings. Inside the meetings of the Board, only “active observers” can participate: two from civil society and two from the private sector. The remaining observers sit in an adjoining room, following the meeting on television screens. Civil society has the right to speak, but this right can only be exercised by the two active observers, and only if the Co-Chairmen of the Board of Directors approve. All civil society interventions are previously discussed, prepared and perfected by the coalition of observers. This leads to many sleepless nights, since the subjects are broad and complex. In practice, civil society contributions are relegated to the end of the Board’s discussions. When time is scarce, a common reality, many times the right to speak is denied. This can be extremely frustrating, since crucial contributions are lost. Why civil society support is important Civil society contributes to the construction of the Fund’s policies with the objective of elevating its standards. Among other tasks, each funding proposal is studied, and the communities potentially affected by or benefitting from it are contacted, in order to understand what the project or program may actually involve, beyond what appears on paper. That’s why the informal work that civil society does “behind the scenes” is so important. It is the work done during recess, at lunchtime, and in the corridors. Gradually, civil society observers build relationships with decision makers (Board members and advisors) and are able to share their ideas, concerns and suggestions with them. The results of civil society’s work are being seen in decision-making, slowly but surely. The Green Climate Fund offers hope because its guidelines are correctly posed: it seeks to promote transformation and paradigmatic change, promises transparency, and its decisions are made giving equal weight to representatives of developed and developing nations. Its mandate is to promote “country ownership” of the programs and projects it finances, that is, to ensure they are guided by the needs and priorities of the beneficiary countries. In addition, the Fund has an obligation to act with a gender approach. However, the Fund also has problems and shortcomings. That’s why involvement of civil society is critical. Because they do not represent any government, political party or other interest, civil society observers ensure the protection of the environment, respect for human rights, and the participation and inclusion of people directly affected by climate change. The physical participation of civil society in Board meetings is vital. They ensure the Fund takes into account the voices of the communities directly affected by or benefitting from the financing. Learn more about the Fund on our website!
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Costa Rican court issues first criminal sanction against shark finning
In a historic decision, a Puntarenas court convicted a businesswoman for shark finning. The woman had brought shark fins to port separated from the body, a practice illegal in Costa Rica, with intentions of selling them abroad. The Public Prosecutor’s indictment was supported by civil society organizations that argued her actions violated national and international laws protecting marine life. Puntarenas, Costa Rica. On February 7, the Trial Court of Puntarenas imposed a six-month prison sentence on a Taiwanese businesswoman for illegally trading in shark fins. The woman had brought to port shark fins detached from the animals body and gathered together with a wire, a process know as finning. She had intended to sell the fins abroad. This ruling is the first time the practice, illegal under national and international law, has been punished in Costa Rica. “We are pleased that, from the power of the Judiciary, Costa Rica has sent a clear signal that its priority is to protect the country’s sustainability. The response to the finning was appropriate, and responsible fishermen and environmental authorities will applaud it as such. At Conservation International, we reiterate our commitment to sustainable fisheries, transparent management of marine resources, and control of the country’s environmental regulations,” said Marco Quesada, director of the Costa Rica Program of Conservation International (CI). In 2011, justice failed in favor of the businesswoman. That decision was rebutted by the Public Prosecutor’s Office, which obtained a second trial in which the crime was finally punished. The final sentence indicates that the businesswoman is responsible “for the crime of ordering the removal of the shark fin without the respective body, to the detriment of the natural resources” of Costa Rica. “This is a truly historic sentence, as it’s the first time there has been a criminal conviction for shark finning. We applaud the efforts of the Public Prosecutor’s Office to enforce the national laws and international commitments of Costa Rica. We hope this case will be a precedent that helps prevent this practice from happening again,” said Gladys Martínez, attorney with the Interamerican Association for Environmental Defense (AIDA). AIDA and CI assisted in the resolution of the case, which dates from 2011, by advising the Public Prosecutor’s Office on arguments of international law. According to Costa Rican law, shark fins must arrive to port naturally attached to the shark’s body. In cases such as this one, the fins are removed and the body tossed back to sea so the fishing boats can hold as many fins as possible. “Shark finning is a crime punishable in Costa Rica by articles 139 and 40 of the Fisheries and Aquaculture Law. In addition, Costa Rica has ratified various international treaties that oblige it to protect the environment. These obligations include the protection, conservation and sustainable use of marine resources,” reads the document provided by both organizations to the Public Prosecutor’s Office for use during the trial. Press contacts: Gladys Martínez, AIDA, [email protected], +506 8321 4263 Marco Quesada, CI, [email protected] +506 2253-0500 ext. 129/IP 5484
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