Project
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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The love of nature, a lesson from father to daughter
By Aida Navarro, AIDA Communications and Human Resources Advisor On Father’s Day, I’d like to share the vision that my daughter Constanza has of her father. At AIDA we celebrate all the fathers who instill in their children a profound love for nature. We share your desire for all children to inherit a healthy planet on which environmental justice thrives. We also celebrate all the lawyers, like those on our team, who fight daily to defend the environment and human rights. We firmly believe that the love of our natural world begins in the cradle. I was barely a year old when my dad took me to one of the most magical places on Earth: Yellowstone National Park, the world’s first protected area. Nature and all the special creatures that live in it have enveloped my childhood ever since. When my teachers at school asked me what my father did for a living, I proudly told him that he is a defender of the planet. In his office, the walls are lined with photos of animals. My favorite is the white shark, which he took in a place called Guadalupe Island, where he’ll take me when I’m older. Every night I choose a book about sharks to read at bedtime. I already know the names of most species of sharks and I know what I must do to protect them. My dad Fernando says that being an environmental attorney is hard sometimes because he has to fight against people that do things to destroy the planet. Attorneys, he said, have to study a lot, know a lot of laws and use their brains to find ways to avoid damage to people and the environment. My mom knows a lot of lawyers who do the same work as my dad. She works with them in an organization that shares her name: AIDA. She helps them so that other people know what the organization does and can help them to defend nature. A Passing Dream I’m not sure if my memories of Yellowstone are real or if they’re all mixed up with photographs and the stories I’ve heard. I remember seeing a huge herd of buffalo out of the car window. They were so close I could smell them. I remember how patient my dad was when we was waiting to take a photo of a group of wolves that looked just like the tattoo on his arm. I can almost still smell the forest and hear the funny sounds that the squirrels make. I remember how amazing it was to discover, beneath the bark of trees, entire worlds so hidden from the gaze of us giants. Among so many other things, on that trip I learned to climb trees and throw stones, important skills for a young girl like me. I remember a mama bear with her two cubs crossing the road right in front of us. All of us in cars smiled an unforgettable smile and waited patiently for the animals to pass. My dad waited for me to grow a little bigger before he took me to meet the giants he had told me so much about: the grey whales. We drove for many hours. On the way, we stopped to walk among giant cactuses that grew up among the rocks. It was very hot and my dad told me about all the animals that lived in the desert. When we finally arrived to where we were going, we got on a small boat. We shouted with joy and excitement when a whale swam up and played with us as if we were a little toy boat in a bathtub. My dad held me tight in his arms as I stretched out to touch the whale. Her skin felt thick and airy, like those inflatable castles I love to jump in. I didn’t like it when the whale blew into my face; it smelled like fish! Living with Nature Even though he grew up in Mexico City, one of the biggest cities in the world, my parents chose to live in a much quieter place, on the Baja California peninsula. The view of the ocean delights every sunrise. We breathe clean air. In the mornings, my dad takes me to school down a long dirt road. On the way there, I like to greet a honey-colored horse that rests beneath a tree. At school, we have chickens and guinea pigs. We make compost, plant vegetables, run between trees and listen to birdsongs. It’s so much fun. When my dad travels, I miss him a lot, but I’m so happy that he’s out there saving the whales, dolphins and turtles. “Save so many dolphins,” I tell him when we talk on the phone. I imagine him as a super hero sailing in distant seas to rescue animals trapped in nets that fishermen forgot, or animals that would die from eating plastic they confused with food. I don’t want them to kill the animals. I think that when I’m older, I’ll be a veterinarian, or maybe a lawyer like my dad. That way I can defend the bears, sharks, trees and rivers; and also the children who have lost their homes to floods, or don’t have clean water to drink. Now that I’m almost five years old, I want my cake to have animals in danger of extinction on it... or maybe reptiles! I have so many unforgettable memories of Yellowstone, and even more photos, but the best memory, the one that still floods his face with happiness, is that on this trip I learned to say, “dad.”
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Victims of business-influenced human rights violations face obstacles to achieving justice
The asymmetry of power between companies and affected people, among other factors, makes access to justice difficult in the Americas. Organizations provided detailed information on this problem during a hearing before the Inter-American Commission on Human Rights (IACHR). Santiago, Chile. Across the Americas, people and communities whose human rights have been violated by business activities face obstacles when exercising their right to access justice and achieve reparations for damages done. They are often confronted with criminalization, harassment and threats. Among other reasons, the situation reflects the reality that, in many countries, businesses are not properly controlled and may even receive government incentives to continue operations, despite the fact that they violate human rights. In a hearing before the Inter-American Commission on Human Rights, civil society organizations[1] demonstrated, through emblematic cases in South America, that this is a problem that happens throughout the region. One of these cases occurred in Brazil on November 5, 2015, when a dam of mining waste owned by Samarco burst in the Río Doce basin. The rupture caused the worst socio-environmental disaster in the country’s history: tons of toxic sludge moved down the river, destroying homes, schools, crops and livestock on its slow and deadly path to the Atlantic Ocean. The government and the company have since closed the case on the disaster, after reaching a settlement in which the victims were not even able to participate. “I lived a quiet life. I never would have expected to see what I saw, to witness families destroyed. We need employment, but we need it responsibly, not in a way that ends up killing people. We are asking for help now, because we can’t let these companies do whatever they want. If this Commission can help us, we would be grateful,” said Antonio Gregorio Santos, a victim of the case in Brazil. In the hearing, the organizations also referred to the case of Southern Peaks Mining, financed by the British-owned Barclays Bank, in which they are accused of breaching agreements with Mala communities in Peru. Here the victims found persecution and illegal detention in their search for justice. “We have identified various barriers to access to justice for the victims. Some—such as socio-economic, cultural and linguistic barriers—were identified in the Commission’s Report on indigenous peoples, afro-descendent communities and extractive industries,” said María José Veramendi Villa, attorney at the Inter-American Association for Environmental Defense, one of the petitioning organizations at the hearing. “Many obstacles are exacerbated in disputes with companies due, in large part, to the sharp asymmetry that exists in this relationship, expressed, for example, in political interference on the part of companies and in the lack of adequate independent safeguards for judicial power in many countries of South America.” The organizations requested that the Commission remind the States of their obligation to guarantee access to justice for those who have suffered human rights violations at the hands of companies, and urge them to strengthen domestic legislation accordingly. They also requested that the Commission develop binding standards regarding business and human rights in its rulings on petitions and individual cases—as well as in its thematic reports—in particular with regards to access to redress mechanisms. Finally, they highlighted the work of those who defend human rights against the actions of companies and reminded States that they must provide adequate conditions for their operation. [1] Interamerican Association for Environmental Defense (AIDA, regional); Centro de Información sobre Empresas y Derechos Humanos (CIEDH, regional); Centro por la Justicia y el Derecho Internacional (CEJIL, regional); Centro de Derechos Humanos y Ambiente (CEDHA, Argentina); Campanha para parar o poder das Corporações (Brasil); Justiça Global (Brasil); Pensamiento y Acción Social (PAS, Colombia); Project on Organizing, Development, Education, and Research (PODER, México); Fundar Centro de Análisis e Investigación A.C (México); Proyecto de Derechos Económicos, Sociales y Culturales (ProDESC, México); Centro Mexicano de Derecho Ambiental (CEMDA, México); Código DH - Comité de Defensa Integral de Derechos Humanos Gobixha (México) y Asociación Pro Derechos Humanos (Perú).
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Letter to the President of Panama on Test Flooding in Barro Blanco Hydroelectric Project
AIDA and other organizations sent an open letter to Juan Carlos Varela Rodríguez, President of the Republic of Panama. We urge him to protect life and integrity of the Ngäbe communities and to immediately suspend the test flooding in the Barro Blanco Hydroelectric Power Plant Project which is violating their rights and placing them at risk of irreparable harm. Dear President Varela, We, the undersigned organizations, are deeply concerned for the personal safety and security of the Ngäbe communities, affected by the Barro Blanco Hydroelectric Power Plant Project. On May 22, Panama’s National Authority for Public Services (ASEP) announced in a press release that Barro Blanco’s reservoir would be filled[1], starting on May 24. ASEP’s press release indicated that the water would rise up to 103 meters above sea level by June 21, 2016. According to a fact finding mission led by the United Nations Development Programme in 2012[2], the Ngäbe communities of Kiad, Nuevo Palomar and Quebrada Caña will be directly impacted by the flooding. This report indicates that 6 hectares + 9816.86 m² of their lands, including 6 houses and a petroglyph located in the community of Quebrada Caña, will be under water. Furthermore, we have received reports from affected community members that floodwaters of the Barro Blanco reservoir have reached the limits of the Bakama Area (Corregimiento) of the Ngäbe-Bugle Territory (Comarca) in Western Panama. At this point, the Ngäbe communities of Quebrada Plata, Quebrada Caña, Kiad and Nuevo Palomar - as well as the Mama Tatda ceremonial sites - could be seriously harmed by the so-called test flooding this week, much ahead of the estimated June 21 peak level announced by ASEP. Contrary to what is stated by ASEP press release, and as confirmed by Milton Henriquez, Minister of Internal Affairs[3], the affected communities were not notified or consulted prior to the test flooding. This goes against international human rights standards, which stipulate that indigenous peoples have the right to consultation and free, prior and informed consent. As derived from the right to property protected under the American Convention on Human Rights and other agreements, indigenous peoples have also the right to adequate housing, to possess, use, and “freely enjoy” their traditional lands and territories, and to “not be forcibly removed” from them[4]. The Ngäbe communities are determined to stay and defend their sacred lands, regardless of the ongoing flooding. We urge you to protect their life and their integrity and to immediately suspend the test flooding which is violating their rights and placing them at risk of irreparable harm. [1] http://www.panamaamerica.com.pa/economia/asep-anuncia-el-inicio-del-periodo-de-prueba-de-central-hidroelectrica-barro-blanco-1027251 [2] http://canal-empresarias.ciudaddelsaber.org/wp-content/uploads/2015/09/0-informe-mision-verficacion-final-20121219.pdf [3] http://www.mingob.gob.pa/mingob/inside.php?artID=3246 [4] For more information, please see http://www.ciel.org/Publications/BarroBlanco_Appeal_18Feb2014.pdf
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