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.
Related projects
My first visit to La Oroya
By Rodrigo da Costa Sales, AIDA attorney “What do you think of La Oroya?” a local resident asked me the first time we met. Honestly, I wasn’t quite sure how to respond. Quickly sensing my discomfort, he joked, “It’s very beautiful, there’s so much biodiversity, and the sky is so blue...” Relieved, I laughed along with him and, since that moment, I’ve been searching for the words to describe La Oroya. La Oroya is a city of 33,000 people on the Mantaro River in central Peru, at an altitude of nearly 5,000 meters. This was my first time there, and I stayed only two days. The trip from Lima takes five hours, winding along painfully curvy roads with breathtaking views of the mountains all around. In La Oroya, however, the landscape changes drastically. The city is covered in a sheet of grey, with little to no natural life, streets full of trucks transporting iron and other heavy metals... and not much else of note. My greatest wish for my time in La Oroya was to meet the people we are representing in our case before the Inter-American Commission on Human Rights. After working on it for six months, I wanted finally to put faces to the names I had come to know so well on paper. Our meeting was scheduled for the evening, when residents could find time free from work and family commitments. There, we introduced them to students from Yale University, who were developing an important report on the relationship between La Oroya’s air quality and the health of city residents. Although interested in the study, and happy to hear about it, residents quickly peppered us with questions about the case. The main thing they wanted to know—an answer they have been waiting for since our petition was filed seven years ago—was when the Commission will make its decision. They explained the many offensive comments they’ve had to endure, both from workers at the metal-smelting complex and from their own neighbors, during the long wait for a ruling. They’ve suffered threats from fellow residents of La Oroya, who wrongfully believe that the purpose of the case is to close the complex, which would leave many people without jobs. In one especially disturbing instance, a “doctor” spoke on television claiming that lead contamination does not cause any health problems. He claimed the residents of La Oroya as proof that, while contaminated by lead and other heavy metals, people could still lead normal lives. We reminded them that a process before an international organism involves years of waiting, and that we sympathized with them for everything they had been through in the past few years. But the truth is that I felt such intense frustration. It was the first time that I saw, up close, such personal desire for an international decision. I understood then that a decision on paper could actually constitute a form of reparation. The long-awaited Commission report will show the world that the effects of heavy-metal pollution on a population actually violate their personal integrity and right to health. The goal of this case is not to close the metallurgical complex, but instead to force the adoption of measures that guarantee a certain quality of life for the residents of La Oroya. The Commission’s report will be the instrument in this case by which international and human rights law becomes real, effective and transformative. I returned from La Oroya almost a week ago, and I’m still searching for the words to describe such a place. Truthfully, La Oroya didn’t seem very nice at first. But I quickly came to realize that the beauty of a place comes not only from its natural and man-made attractions; it comes also, and perhaps more importantly, from the beauty of its people. In that sense, I’ve never seen a city quite as beautiful as La Oroya. This blog is dedicated all the victims of the case in La Oroya. I hope that they will achieve justice, and that because of them, a case like this is never repeated around the world. It is also dedicated to Astrid Puentes and Maria José, AIDA’s attorneys in charge of the La Oroya case, who inspire me daily to work for a more just world.
Read more
Brazilian Court overturns suspension of Belo Monte’s operating license
Brasilia, Brazil. The Federal Regional Court of the First Region (TRF1) overturned the preliminary decision suspending the operating license of the Belo Monte Dam. On January 11, the Federal Justice of Altamira decided to suspend the license until the federal government and Norte Energia, the company in charge of the dam’s construction, complied with their obligation to restructure the National Indian Foundation (FUNAI) of Altamira. However, a federal judge from TRF1 decided today that this decision disproportionately “affects the public interest, causing grave repercussions on the economy and public order.” Another argument presented was that the suspension would prevent the implementation of various plans designed to benefit indigenous peoples. “This is yet another attack on the rights of the affected indigenous communities. The decision manipulates the arguments of public interest, order, security and the economy, and then uses the plans – which should have been implemented when the previous license was granted in 2010 – to justify why it is not possible to suspend the operating license. The bottom line is that the operating license never should have been granted in the first place without the fulfillment of those plans,” said María José Veramendi, AIDA attorney. For more information, please consult the factual record of the case and the latest news about our case before the IACHR.
Read more
Coral Reefs and the Unintended Impacts of Tourism
By Camila Cossio, former AIDA intern During my internship in AIDA’s San Jose office, I met up one day with a friend from the States for lunch. She told me about her trip visiting the beaches of Costa Rica. Everything she described sounded beautiful: the clear, blue water; hermit crabs that left their shells to eat breakfast in the early morning hours; sweet fruits that fell down onto the smooth sand; and the cool, green trees that provided shade from the hot Costa Rican sun. But her mood changed suddenly, from bliss to concern, when she explained how her co-worker swam too close to a coral reef one afternoon and badly cut his thigh. She was concerned with how unprepared their tour guide was to handle the situation, and how irresponsible it seemed that tourists were allowed – with no diving experience – to swim that close to the reefs. Leaving aside the physical dangers to humans, accidents like his, though they may seem inconsequential, have a severe impact on sensitive marine ecosystems like coral reefs. Coral reefs are a unique and complex ecosystem, vital to the health of oceans. Yet 93 percent of the reefs in Costa Rica are in danger, and tourism is a significant factor in their degradation. Tourism’s threats to corals When tourists accidently touch, pollute, or break parts of the reef, corals experience stress. The coral organisms try to naturally fight off pollutants, but this process often leads to coral bleaching – when corals lose their bright colors and become completely white. Once corals are bleached, they can no longer contribute to the biodiversity of the reef community, which depends upon symbiotic interactions between fish, invertebrates, and their habitats. Additionally, since the disruption of one ocean ecosystem gravely impacts others, sea grass and mangrove communities – shallow-water plant species vital to health of the marine ecosystem – are also severely threatened by coral stress. Another significant problem facing coral reefs is sedimentation. When solid residues are deposited into the depths of water bodies, they pollute marine ecosystems and block light needed for photosynthesis. When light is blocked, immobile coral reefs bleach and die. In Costa Rica, sources of sedimentation include dredging, logging, agriculture and coastal development driven by the tourism sector. A Reef Under Siltation Stress: A Decade of Degradation, a study by Costa Rican biologist Jorge Cortés, documents the negative impacts of tourism on coral reefs in the Cauhita region of Costa Rica. Another case study on the reefs of Bahía Culebra found that coastal development related to the tourism sector was essentially unregulated. Because of this, coral reefs in the Pacific continue to suffer. Sedimentation will continue to destroy reefs if better management principles are not enacted. In 1994 in Bahía Culebra, for example, a reef was burned due to sediments leftover from construction of a tourist center. Eighty percent of the reef was completely destroyed. Scientific literature predicts that 50 percent of all coral reefs in Latin America are at risk of degradation in the next five to 10 years. Studies show that, globally, 30 percent of reefs are already seriously damaged and 70 percent of all coral reefs are expected to disappear by 2030 if corrective measures are not taken to stop the negative anthropogenic impacts on coral reef communities. Building a future for coral reefs Sustainable tourism is a great concept on paper, but hard to enforce in reality. Construction of coastal properties requires waters to be dredged. It creates pollutant runoff from roads and parking lots and airports. Sewage is dumped into the ocean, and more intensive agriculture to support all the people increases sedimentation. Although it’s difficult for an individual to stop massive projects like these, it’s easy to take small but powerful steps: not picking up wildlife for souvenirs (shells, coral rubble, plants); being conscious of what you bring with you – reusable water bottles instead of plastic bottles, a backpack for your trash in case there isn’t an area nearby to dispose of waste properly; taking the bus instead of a car; and – if possible – doing research on the hotels or hostels in which you stay. Many coastal hotels dump their graywater – wastewater from laundry, cooking, and non-toilet related household processes – into the ocean, contributing to sedimentation and contaminating coral reef ecosystems. It’s important to be aware that many land-based activities may directly harm the marine eco-system. Being an environmentally friendly tourist is not about being perfect, but individual actions, though they may seem small, really can have a big impact. AIDA provides much-needed recommendations for effective laws and practices to preserve and protect reefs. Check out our new "Best Practices" guide
Read more