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Victory: Haven for leatherback sea turtles declared off-limits
In two separate rulings in May 2008, the Costa Rican government stood up for endangered leatherback sea turtles against business interests intent on building within their protected habitat.
A relative of dinosaurs, the endangered leatherback sea turtle has continually found its home in Costa Rica under threat. Poor planning and lack of oversight destroyed its nesting beaches in Flamingo and Tamarindo.
This time developers had their eye on the Leatherback National Marine Park (LNMP), home to some of the most important Leatherback nesting beaches in the Eastern Pacific Ocean.
A municipal zoning regulation was enacted that would authorize construction in part of the LNMP. However, AIDA and its local partner CEDARENA, together with the Leatherback Trust, successfully defended the park.
The Constitutional Chamber of the Costa Rican Supreme Court nullified the municipal zoning regulation, safeguarding the Leatherback sea turtles and their nesting beaches. This ruling closely followed another court victory by AIDA, CEDARENA, and Justice for Nature that required the government to expropriate the private lands within the LNMP, otherwise destined to be tourist playgrounds.
The leatherback sea turtle will continue to face threats from tourism development, fishing, egg poaching, and pollution. However, AIDA and its partners have shown that the law can be used to make a powerful difference.
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Would you accept a business deal that offered you limited profits and infinite expenses? In Latin America, mining is strongly promoted as a source economic advancement. Governments tout extraction as a source of employment and funding for new hospitals, schools, roads and other infrastructure. Up to that point, it sounds like good business. But that’s only half of the story. What they don’t tell you about—in press releases or Environmental Impact Studies—is all of mining’s downsides, including impacts in perpetuity, environmental damage that persists for centuries or even millennia. Among mining’s many damages—rarely mentioned to the communities living alongside the projects—two stand out: Severe landscape modifications: for example, the excavation of an open-pit mine on a mountain or the filling of a valley with mining waste. Contamination of water sources: for example, acid generation and the release of toxic metals into reach rivers, streams and other water sources; or the increase of nitrates and ammonia derived from explosives. In countries like the United States, damages are discussed in environmental assessment processes and legislation exists on both assessment and mitigation mechanisms. In Latin America, promoters of large mining projects often fail to understand that the long-term costs of these mega-projects far outweigh their benefits, and extend far beyond the mine’s active life cycle. After their closure and abandonment, open-pit mines need constant maintenance to minimize the risk of collapse (which never disappears). Water sources must be continuously monitored and treated to avoid toxic contamination. Who will pay for mining’s damages? It’s often difficult to know who must assume mining’s costs because it depends on several different elements: legal frameworks, institutional strength, and social factors. In many countries, governments require mining companies to build and install monitoring and remediation systems (wells, water treatment plants and drains, for example). In other cases, they are asked to pay for the operating costs of these systems for a period of time. The most demanding countries request remediation insurance (i.e. Reclamation Bonds), as well as a contribution to financial funds whose yields will be destined for such measures. This is the case of the Superfund, which manages the remediation of approximately 1,341 industrial sites across the United States. But even so, these policies often underestimate long-term costs, leaving tax papers to cover the rest of the expense. According to the Center for Science in Public Participation, the government would have to pay between $3.8 and $20 billion dollars to remediate the damages of metal mines in the western United States. In other countries, environmental waste from mining doesn’t receive much attention. In Canada—often cited as an example to follow by governments of the region—the Tulsequah Chief mine in British Columbia has been releasing untreated acidic waters since 1957. Mining in Latin America Although many Latin American nations have regulations related to mining, most lack specific laws establishing standardized procedures for monitoring and repairing its damages. Some nations, like Bolivia and Colombia, even lack a legal definition for Mining Environmental Liability or debt for environmental damage. Faced with weak regulation, the closure of a mine is accompanied by isolated and ineffective actions—like simply planting greenery in the affected area. Since it’s not clear who should be held responsible, the few monitoring and remediation actions that exist often end up being abandoned. Another important factor in the region is that environmental damage comes not just from legal mining, but also from illegal and—in the case of Colombia, where mining’s profits are being used to fuel conflict—even criminal mining activities. In Chile, environmental deterioration is largely the product of legal metal mines that have been abandoned. In Bolivia it is most often the result of artisanal mining and cooperatives. In Colombia, illegal and small-scale mining spills mercury into the rivers. In Peru, gold mining causes serious damage to human health and the environment. Throughout Latin America, mining’s historical damages can be found in mineral deposits that date from the colonial age… yet our resources continue to be exploited. Why prevention is key The permanent scars mining leaves behind require constant attention and a level of financing that is impossible to guarantee over time. And given their severity, it’s only possible to partially mitigate, not completely remediate, the most serious damages. That’s why we’re promoting prevention, rather than remediation. Hand-in-hand with local organizations and communities, we’re working to ensure that mining projects are subject to adequate evaluation processes before they’re authorized, and that the risks they imply for communities and the environment are well understood. We advocate for evaluation based on the best available scientific information; we ask that it contemplate alternatives and be carried out independently to guarantee objective results. If the analysis finds that a project will generate perpetual damages that cannot be adequately managed, it must be rejected. We want decision-makers to understand: hard rock mining is not always good business and it always causes environmental harm. We’ll continue working to ensure governments across Latin America understand that fact.
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Today AIDA, as an organization that works to protect the right to a healthy environment in the Americas, released the following statement after the United States decided to withdraw from the United Nations Human Rights Council: We consider it a worrying and unfortunate maneuver that could isolate the United States from the international community and weaken its ability to positively influence human rights protection around the world. This decision sends a negative message, especially to countries with serious human rights situations, about which the United States has expressed concern. From our perspective, this decision shows that the administration has also ignored the thousands of people and organizations in the United States that have spoken out against internal policies, including those involving the separation of migrant families and climate change. It’s important to bear in mind that, despite their departure from the Council, the human rights situation in the United States may continue to be evaluated by that body, as it is for other nations that participate in the U.N. Faced with this decision, we urge other States to respond by demonstrating their leadership to ensure the effective protection of human rights globally. The importance of human rights isn’t about a political perspective, isn’t about a party, is about decency and humanity. PRESS CONTACT: Víctor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107
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When Maria gets up each morning, the first thing she does is open the tap in her house to see if there’s any water. If there is, she prepares coffee and, within a few hours, food for her family. Her house is alive with plants and animals. Dogs, cats and chickens surround her as she lights the wood stove, carrying her young son on her back. Maria lives in Ixquisis, a region of northwestern Guatemala near the Mexican border, in the department of Huehuetenango. There, water springs from the earth and large rivers like the Pojom and the Negro flow through the mountains. For Maria, the river is a special place. There, she meets with other women and washes clothes, a traditional activity for women in her community, most of whom are indigenous. Each afternoon, as the water flows steadily downstream, they talk about their families, their to-do lists, their joys and their worries. Last month, Maria joined with the other women of Ixquisis to speak about the threats the dams pose to their way of life. They were part of a workshop AIDA organized in collaboration with Protection International and the International Platform Against Impunity. Maria’s life has changed a lot since they started building the Pojom II and San Andrés dams, and she’s been losing sleep. Before the construction of the dams began, Maria used to fish. By submerging a basket in the river, she gathered—as if by magic—snails, shrimp and small fish. These are riches the river no longer provides. Instead, the once pristine river has become filled with garbage, rubble and other debris. The workers use its water to wash cars and machinery. “One day we will run out of water and we won’t be able to live,” Maria said, echoing the primary fear of the women of Ixquisis. “Our children will suffer.” Their fear is well founded. Many families like Maria’s already suffer from stomach and skin diseases that they associate with water pollution. Before the workshop, the women of Ixquisis hadn’t had the opportunity to speak publicly about the importance of water and the rivers in their lives. They hadn’t been able to explain how their rivers had changed since the dams’ construction began. They had also never been provided with information about the projects. But even without knowing the details of the dams, Maria and her neighbors understood that the water in their homes no longer arrived as cleanly or as regularly as before. Time and again, they have peacefully expressed their opposition to the dams. But their voices have been stigmatized and shaken by fear of reprisal. Before Maria walked calmly through her community, even at night. She now leaves the house in fear. But the people of Ixquisis have the support of people and organizations that work to protect the environment and human rights. The international organization Front Line Defenders, for example, recently awarded them the 2018 Award for Human Rights Defenders at Risk. One day after the women’s workshop, we organized a second meeting attended by the men of the region. The lack of water has affected their main subsistence activity: the cultivation of bananas, cardamom, vegetables and other products they take to market. Because their harvests have decreased, they must now work more hours to obtain the same profit. I learned a lot from Maria. Her strength, as well as that of all the residents of Ixquisis, comes from her respect for nature and all it offers them. I share that feeling and channel it into my work as an AIDA attorney, legally advising the men and women of Ixquisis on how to defend their territory. I work so that water will continue to flow from their taps, and so that they can one day walk again without fear, in search of a healthier future for their children.
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