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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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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
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IACHR opens case against Brazil for human rights violations related to Belo Monte Dam
Para português, clique aqui Four years after civil society organizations filed their original petition, the Commission opens the case, asking the Brazilian government to respond to allegations of human rights violations stemming from the hydroelectric project under construction in the Brazilian Amazon. Washington D.C., United States. As the first reservoirs of the Belo Monte Dam are being filled, the Brazilian government is coming under fire from international organizations. On December 21, the Inter-American Commission on Human Rights (IACHR) opened a case against Brazil, which was challenged by affected communities represented by the Interamerican Association for Environmental Defense (AIDA), Justiça Global and the Sociedade Paraense de Defesa de Direitos Humanos (SDDH). After an initial review lasting four years, and several requests for fast tracking the case by the petitioners, the Commission finally determined that the petition contains sufficient grounds to open the case, which means that Brazil must respond to the claims of human rights violations caused by Belo Monte. “We hope and believe that now is the time for Brazil to respond comprehensively to our claims about: the absence of consultation and free, prior and informed consent of affected indigenous communities; the lack of participation and adequate assessment of environmental impact; and the forced displacement and violations of the rights to life, health, integrity and justice of indigenous peoples, riverine communities, and residents of the city of Altamira,” said María José Veramendi Villa, AIDA attorney. Based on Brazil’s response, the Commission will then determine if requirements have been met to have the case admitted and, if so, to establish whether or not the project caused the alleged human rights violations. “The opening of the case is, above all, a victory for the affected communities and local social movements, who have endured for all these years, and remain strong and determined in their search for justice and reparation,” said Raphaela Lopes of Justiça Global. This past November, the Brazilian Institute of the Environment and Renewable Resources (IBAMA) authorized Belo Monte’s operating license, which allowed the dam’s reservoirs to be filled. IBAMA did so despite the fact that Norte Energía, the company in charge of the project, failed to comply with the conditions necessary (potable water and sanitation, among others) to guarantee the life, health and integrity of affected populations. By opening the case for processing, the Commission is using all available tools to monitor the situation surrounding Belo Monte. Indigenous communities affected by the dam have been protected by precautionary measures that the Commission authorized in 2011, which Brazil has yet to meet. In early December, the United Nations Working Group on Business and Human Rights visited Altamira, the city closest to the Belo Monte project and one of the areas most affected by displacement and socio-environmental conflicts caused by the dam’s construction. There, they met with affected groups, among them members of indigenous and riverine communities, listening to their complaints. After their visit, the Working Group issued a statement that, among other things, urged the Brazilian government to respect human rights, not sacrifice them for economic development. The Working Group is expected to present the final report of their visit to the Human Rights Council in June 2016. It is our hope that they conduct an adequate follow-up to their visit, and that the report they produce is explicit regarding both the human rights violations surrounding Belo Monte, and the actions of the Brazilian government and the companies involved. As organizations representing the victims of Belo Monte, we will continue to press Brazil to respond to the human rights violations directly caused by the dam’s construction.
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5 Recommendations for Integrating Climate Action into the Financial Sector
by Astrid Puentes Riaño This blog was produced in collaboration with Andrea Rodriguez, AIDA’s lead climate change attorney. During the Paris climate talks, I had the honor of participating in a panel on climate and the financial sector. We discussed the importance of ensuring that the fight against climate change is consciously integrated into all finance decisions. Financing is one of the primary challenges that has delayed effective worldwide progress on climate change, because many countries do not have the resources they need, and those that do have the resources haven’t contributed as much as they should. Currently, financial institutions are not providing sufficient funding to combat climate change. In fact, the majority of global resources are still invested in fossil fuels or other activities that have negative impacts on the climate. AIDA has been advocating at the highest levels to make climate finance more effective for more than five years. Our focus has been on ensuring that the allocation of climate finance is transparent, participatory, respectful of human rights, and responsive to the needs of the Global South. We have advocated for inclusion of and compliance with these principles before international and national financial institutions, as well as in a new global mechanism, the Green Climate Fund. To advance the discussion, AIDA requested a side event at the climate talks in Paris. As it turns out, a regional financial institution simultaneously requested a side event to present its voluntary principles for integrating climate change into the financial sector. Since there are thousands of requests for side-events and limited space, the Secretariat of the Convention merged the two events. This is how AIDA came to co-organize an event with a coalition of financial institutions. Although the institutions hadn’t planned to include comments from civil society in their presentation, they agreed to collaborate. This twist of fate created a great opportunity for the institutions to present their principles, and for us to provide early feedback from the point of view of civil society. Twenty-six institutions have supported the voluntary principles so far, including the Development Bank of Latin America (CAF), the European Investment Bank, the World Bank Group, and the Inter-American Development Bank. The Five Voluntary Principles, as described by the institutions, are: COMMIT to climate strategies MANAGE climate risks PROMOTE climate smart objectives IMPROVE climate performance ACCOUNT for your climate action An initial assessment Is not my intention to make a thorough analysis of the principles at this point. My goal, for the time being, is simply to ensure the principles are known, and to share with you a preliminary analysis, including our initial observations and the five recommendations that I presented at the panel. As a civil society organization, AIDA welcomes initiatives intended to advance climate action, accountability and participation. We therefore consider the voluntary principles a positive initiative from the financial sector, and a good place from which to start looking for concrete ways to integrate climate change fully into their activities. We consider mainstreaming climate finance an ongoing process, and view these principles as just one element of it. From AIDA’s perspective, the principles will actually benefit the sector, and help to decrease financial and other risks to financial institutions. If effectively implemented, the principles can help to increase climate actions while protecting communities and ecosystems, and fight poverty and inequality, two of the most important challenges facing the world. That said, improving access to information is fundamental to ensuring the principles positively impact climate change. Essential information should be made publicly available, including amounts of resources, types of activities or sectors, and projects in which financial institutions are investing. 5 Recommendations for Better Integration 1. Include a human rights perspective and incorporate social risk in assessments Financial investments that don’t incorporate human rights and social perspectives can contribute to rights violations and have severe impacts on communities. In addition to the consequences such investments have on people, they become a financial risk for the institution. Incorporating a human rights perspective in risk assessments can also help to advance goals related to fighting poverty and inequality, which are particularly applicable to public financial entities. 2. Define common concepts Concepts such as sustainable development, climate change, and climate finance can be interpreted very broadly and generate confusion. Additionally, the lack of agreement on what those concepts mean can lead, for example, to one institution considering an activity as clean or sustainable, when it is not. The definition of renewable energy is a good example. While several major financial institutions agree that large hydropower cannot be considered renewable energy, there are still some institutions that include hydropower, and even nuclear energy, projects in that definition. The inclusion of experts from the non-financial sector—particularly non-state actors—can help increase understanding of what the needs are and where investment should be enhanced or directed. 3. Create a clear, transparent and participatory road map The manner in which the voluntary principles are implemented is crucial. Therefore, a clear and measurable implementation plan is essential. It’s a good thing that the financial institutions highlighted the need to avoid duplication, and incorporate lessons learned. However, to ensure that the principles are as effective as possible, it is also important to at least incorporate experiences from existing accountability mechanisms and applications of safeguards. The current initiative considers a planning group that, as far as we understand, hasn’t been created, although there is a suggestion of how it should be formed. Aligning with the intention of the institutions to include other stakeholders, this planning group should also engage participants outside of the financial sector to increase the impact of investments. The work plan should include effective mechanisms to measure advancement, and be flexible enough to make necessary improvements. It should be seen as a dynamic process that incorporates lessons learned, not as a rigid mandate. 4. Embrace the opportunity in low-carbon economies The financial sector has a unique role to play in encouraging climate actions by helping clients avoid the same old carbon-intensive development. Financial institutions have the power to leapfrog this type of development and implement real, effective solutions for the 21st Century. They can be proactive by enhancing the capacity of other actors interested in fully integrating climate strategies into their operations. The financial sector naturally thrives from risk-taking and innovation. Low-carbon economies represent an important opportunity for growth. 5. Elevate accountability One question posed during the panel was whether or not the principles should be binding. If there is a strong willingness to implement the principles, and adequate mechanisms to measure advances and make adjustments, having a binding agreement isn’t the most important aspect. Accountability is key in this process, thus the importance of Principle Five. Climate change is the most important threat to human kind. It is an urgent matter that most profoundly impacts the world’s most vulnerable populations. There is no more time to lose. Effective actions must continue to be implemented, and the financial sector has an important opportunity to contribute to the solutions, rather than the problem. It’s time for financial institutions worldwide to walk the talk – it’s time for them to seriously commit to fighting climate change, and to start delivering results. The opportunity for us as members of civil society to sit beside representatives when they publically presented their five principles was an interesting start. Now we must follow up so that financial institutions put these principles into practice, especially Principle 5: being accountable. Building upon these comments, and providing recommendations from other stakeholders in the field, will be an important next step.
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