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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Towards an end to subsidies that promote overfishing

July 14 2015 Coral reefs, Oceans

“My Mom Is the Best Lawyer in the World”

“My mom is the best lawyer in the world because she defends the turtles, the corals, the salted forests they have in the sea, and alllll the fish.” As I listened to my 4-year-old daughter, Daniela, say this to an auditorium full of parents, boy and girls, my eyes filled with tears and my heart filled with love and happiness. Listening to my little girl brag about what her mother does renewed my strength and enables me to continue working passionately. Daniela summed up quite well my work on AIDA’s team of attorneys in the Marine and Coastal Protection Program. My colleagues and I focus on three key areas: coral reefs, mangroves and fisheries. We use national and international standards to support marine ecosystems and the people who depend upon them. Coral Reefs We know that by protecting coral reefs, we’re preserving natural barriers that protect coastal communities from storms and hurricanes—which are growing ever stronger due to climate change. We’re also conscious that the many varieties of fish we enjoy on our dinner table exist only because of the important breeding grounds that corals provide. Mangroves Mangroves, or “salted forests” as my daughter calls them, are swampy forests that exist in lakes, rivers and tropical coasts where fresh river water mixes with saltwater from the sea. My colleagues and I are determined to safeguard these ecosystems because we know they are our greatest allies. Mangroves capture from the atmosphere 50 times more carbon dioxide than tropical forests. They are also an important food source for birds, and a center of breeding and development for shrimp, crab and some fish, which provide a livelihood for coastal communities. One example of these unique ecosystems is Marismas Nacionales, the largest mangrove forest in Mexico, which we’re currently fighting to protect. Fishing Conscious that ecosystems are interrelated and reliant upon each other, we work to create sustainable fisheries. If we care for one fish, the rest of the fish will also benefit. We hope that future generations will also be able to taste a fish from the sea, not just observe one in a photograph. We have seen that adopting appropriate measures has allowed fish populations to recover, as occurred with the hoki in New Zealand, the anchoveta in Spain and France, and the cod in the northern Atlantic ocean. Every day I appreciate and enjoy the privilege my children, Daniela and Agustín, have to run through a forest, stick their feet in the ocean and feel the movement of little fish between their toes, or marvel at their first glimpse of a magnificent butterfly or a towering tree. In these moments, I reaffirm the words my parents said one day to my husband and me: “Many good memories outside are worth much more than many toys in the house.” At AIDA we are 26 people working throughout the continent with dedication and commitment. We do it for Daniela and Agustín, and for the rest of the little boys and girls who are part of our organization: Amber, Esteban and Eloísa, Constanza, Jared, Isabelle and Caroline, Izabela, Paloma, Marc and Rosalie. We work for our children and for all children, so that current and future generations have the opportunity to enjoy a healthy environment. Thank you for supporting our work!

July 13 2015 Freshwater Sources, Human Rights, Indigenous Rights, Large Dams

Belo Monte Dam may begin operations despite noncompliance

The dam has failed to comply with conditions for the protection of the health, integrity and way of life of affected communities. Organizations reiterate the validity of the precautionary measures granted by the Inter-American Commission on Human Rights in favor of the indigenous communities of the Xingú River basin, whose situation of risk has worsened. Altamira, Brazil & Washington, DC – The Belo Monte dam is applying for authorization to begin operations, with construction reported at 70 percent complete. This authorization may happen despite the fact that the project has failed to comply with conditions necessary to protect the health, integrity and way of life of affected communities, including the indigenous peoples of the Xingú river basin. Civil society organizations solicited the Inter-American Commission for Human Rights to maintain the precautionary measures granted in 2011 in favor of the indigenous peoples of the Xingú river basin. They did so as a response to the Brazilian government’s request that the Commission lift the measures, which were authorized to avoid irreparable damage to the rights of the communities. The Interamerican Association for Environmental Defense (AIDA), Justiça Global, the Sociedad Paraense de Defensa de los Derechos Humanos (SDDH) and the Movimiento Xingú Vivo para Siempre (MXPVS) filed the brief on behalf of indigenous and river communities affected by Belo Monte. The organizations argued before the Commission that the social and environmental situation surrounding Belo Monte continues to be serious and urgent, and could cause irreparable damages. Their arguments are based on a recent report by the Socio-Environmental Institute of Brazil (ISA), as well as on official government data that include information from health and indigenous protection authorities and the Public Ministry. The ISA report analyzes in detail the situation of Altamira, Pará—the region where Belo Monte is being constructed—and emphasizes the human rights violations and irregularities of the project. The report warns that necessary conditions do not exist for the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) to grant the project’s operating license. If granted, the license would authorize the filling of the dam, and, thus, the final diversion of the Xingú River. One part of the dam would then begin operation. According to the ISA report, measures to avoid the project’s impacts on health, education and basic sanitation have not been met. This neglect will lead to further damage, such as the fracturing of indigenous communities, saturation of public health services, lower quality education, and greater forest degradation. “The consequences we announced years ago are now a reality,” said Astrid Puentes Riaño, co-director of AIDA. “The filling of the dam, scheduled for the year’s end, will cause the loss of homes and land, and the modification of the traditional lifestyles and livelihoods of Xingú communities. Brazilian authorities and the Commission must act effectively to prevent this disaster.” It is clear that the conditions necessary for Norte Energía, the consortium in charge of the project, to receive the license are not in place. The vice-governor of Pará explained that although the construction is 70 percent complete, only 30 percent of the social and environmental conditions have been met. Similarly, the Attorney of the Republic of Altamira, Thais Santi, said that the consortium is not respecting the protection plan for indigenous lands, the principal condition for the protection of the peoples of the Xingú. The decision on the authorization of Belo Monte must also take into account the recent corruption scandal that has engulfed the project. The investigation Lava Jato, which began a year ago, exposed a massive network of corruption involving the government and Brazil’s largest construction companies. A senior executive, currently in prison on corruption charges, mentioned in his declaration how they had set up and executed bribes for the construction of Belo Monte. The Comptroller General (CGU) thereafter decided to investigate the use of public funds in the project. “The lack of effective control in the execution of the project has made the consequences much worse than anticipated. Giving free reign of operation to the dam at this time would mean completely shutting down the options available to avoid major social and humanitarian disasters in the region,” said Sandy Faidherb of SDDH.

July 10 2015

Green Climate Fund disappoints by accrediting unfit entities

During its 10th session, in a process characterized by little transparency, the Board of the Green Climate Fund accredited 13 entities to manage financing that the Fund authorizes for climate change adaptation and mitigation projects. The Board accredited the entities as a group, without carefully analyzing them one by one. They did not consider that some have been penalized for financing terrorism and laundering money, or that their primary lending portfolios support fossil fuels. Nor did they consider that some haven’t shown sufficient capacity to manage high-risk climate change projects that could cause irreparable environmental and social impacts. Some do not comply with international fiduciary standards to handle such activities. “We’re disappointed to see that the Green Climate Fund has demonstrated business-orientated behavior, no different from other financial institutions. This doesn’t help the Fund contribute to a paradigm shift and offer better access to resources for local actors,” said Andrea Rodríguez, a senior AIDA lawyer and civil society observer at the Board meetings. The decision-making process for the accreditation of the 13 entities lacked transparency, as no names of the candidates were known until the decision was made. Nevertheless, civil society organizations were able to obtain information to identify inappropriate backgrounds of some of the entities seeking accreditation, and asked the Board to decide on a case-by-case basis. They also requested that the Board assess evidence questioning the ability of these institutions to manage high-risk projects, and to ensure that only the best entities are accredited. The Board, however, opted to make a hasty decision. It reviewed the proposals in a closed Executive Session, and accredited all 13 entities together without considering their problematic histories. “By acting this way, the Board risks the reputation, credibility and legitimacy of the Green Climate Fund,” Rodríguez added. The Board should ensure that all entities seeking accreditation meet the same standards required for access to Fund resources. Developing countries depend on the integrity of accredited entities to ensure access to the financing they need to confront the increasingly severe effects of climate change. It remains vital that the Board guarantees transparency in its decision-making processes.