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

Protecting the rich marine life of Cabo Pulmo Reef

Defending Mexico's marine biodiversity from deep sea mining

Defending the Veracruz Reef from a port expansion project

Protecting Patagonian Seas from Salmon Farms

Protecting herbivorous fish, to secure a future for corals

Towards an end to subsidies that promote overfishing

July 28 2014

Raising people's needs in tackling climate change

Every day we hear a new story about a family affected by extreme changes in climate. Some suffer from severe droughts, others from serious rainfall and flooding, and still others from intense heat waves and forest fires. Local realities must be considered at the international level as governmental institutions decide how to provide finance for climate adaptation and mitigation. AIDA brings the concerns of communities most affected by this global issue to the attention of governments and financial institutions. We have the technical capacity to support governments’ decision making processes on climate change "They can rely on us to provide effective solutions based on our technical knowledge, research, work experience, and relationships with local communities. International decisions about project funding have direct impact on the national and local levels. Bad decisions will result in bad projects," explains Andrea Rodríguez, an AIDA attorney. Our commitment to protecting the interests of the most vulnerable communities has led us to follow closely development of the Green Climate Fund (GCF). This new institution is expected to channel most financial resources for climate change projects and programs in developing countries. We have participated in GCF board meetings around the world and have made local needs heard in consultations with the Secretariat. Last month we attended the annual meeting of the Climate Investment Funds (CIF) in Montego Bay, Jamaica. The CIF are multilateral climate finance funds that provide resources to 48 developing countries. We shared our experience in GCF discussions with participants and civil society observers. "It's important to share experiences of what works and what does not to ensure that civil society replicates successes and corrects failures. Civil society shares the common goal of achieving a paradigm shift in decisions that impact climate," says Rodriguez. In the first session of the CIF Stakeholder Day, Reaching into the Roots of Partnership: Experience from the Ground, panelists discussed lessons learned and next steps on effective stakeholder engagement in the CIF and other global funds. Panelist Andrea Rodriguez, Legal Advisor for the Inter-American Association for Environmental Defense-Americas, reflects on the session.

July 25 2014 Human Rights

Letter presenting Latin American civil society organizations' concerns on the dilution of the World Bank's safeguards policies

Latin American civil society organizations "strongly recommend that CODE members send the first draft back to Management. Without structural changes to the Safeguard Policy proposal, we question if the second phase of consultations and the review process will be meaningful". According to them, dilution of the current Bank Safeguards Policy is evident throughout the draft. Basic World Bank requirements to assess and manage environmental risks and impacts before approval are now relaxed by providing the unbounded deferral of appraisal of significant environmental and social risks or impacts to implementation. A second major concern is that the draft proposed Social and Environmental Policy and ESSs significantly shift responsibility for safeguards implementation to borrowers, but provides less clarity than current exists on when/how the use of borrower systems would be preferable and acceptable. It remains unclear how the proposed draft will help the Bank and Borrowers make decisions to prepare or use borrower systems to effectively implement safeguards in countries where major dilutions of national social and environmental frameworks are being proposed or recently approved. "The proposed draft misses opportunities to meet the highest international standards. The draft provides no binding language regarding international human rights standards and allows governments to "opt out" of compliance to the Indigenous Peoples Policy to protect Indigenous Peoples rights, which unequivocally undermines the international consensus regarding the specific and fundamental rights of indigenous peoples over their lands, resources and the course of their own development", the organizations argue.

July 23 2014 Human Rights, Large Dams

Giving People a Voice on Hydropower Projects

Hydropower projects are on the rise in Latin America as governments seek to feed growing economies. But at what cost? The plants may harness the energy capacity of running water, a renewable resource. But poorly planned and implemented dams, especially large ones, can bring myriad harms to the environment and communities. They affect fish and water quality, and they increase emissions of methane, a gas that contributes to global warming. Flooding displaces people from their homes and communities. This costs them their jobs as farmers, fishermen and hunters – and for ethnic and peasant communities, even their cultures and traditions. AIDA works with individuals and communities to protect them from poorly conceived and developed projects by using the law to defend their right to a healthy environment. This month AIDA and other organizations submitted a brief (in Portuguese) to Brazil’s Supreme Federal Court. The information demonstrates that congressional approval of the Belo Monte Dam in 2005 is illegal because the government didn’t guarantee the affected communities in the Amazon their right to consultation and free, prior and informed consent. Some meetings were held after approval of the project, and then with just scant and incomprehensible information in foreign languages for the communities. There was also little forewarning to attend. It was like telling you that your front yard is to become a street after the diggers have already started removing the lawn. The dam – which is to be the world’s third largest – is under construction and already displacing people without anyone giving them a chance to say no to the project in their own front yard. This is the first time that our combined efforts have reached the Supreme Court for a final decision on Belo Monte, said AIDA attorney María José Veramendi Villa. If the court rules against the legality of the project, then construction will have to stop and the harms righted for failing to consult the communities beforehand. If the opposite happens, the project will continue – and so will we. We will continue to provide assistance to the Brazilian Prosecutor’s Office as it pursues more than a dozen other cases against Belo Monte. These are cases that can also advance to the highest court with the goal of protecting communities from this and other dams in the Amazon. Our efforts to help communities fight dam projects are gaining attention. The Personería of San Carlos (the municipal ombudsperson), a town in northwestern Colombia, contacted AIDA to provide expertise in international environmental and human rights law. They want help in preventing the granting of a license for construction of the El Porvenir II Dam on the Samaná Norte, the last undammed river in the area. AIDA attorney and human rights and the environment fellow, Ana María Mondragón, went there to speak at a public environmental hearing for the project. The good news is that the dam has yet to be approved, meaning that there is still time for the communities to find out what could happen and voice their concerns. The government will have to take the community input into consideration before approving the project, with the possibility that the developer may have to amend construction plans – or abandon them altogether. El Porvenir II will affect fishing, a main source of work and food for the largely poor people in San Carlos. It will also flood an area where many Colombians are seeking to recover the lands that they were forcibly displaced from as result of an internal armed conflict that started more than five decades ago. “We have entered at an early stage, before the project has been approved,” said Mondragón. “We intervened in the hearing to show the inconsistencies in the environmental impact assessment made by the company and the harms that the Porvenir II dam would have in the community. We hope this will help the authorities in their decision-making process to not grant the license.” With your help, we can keep assisting Latin American communities free of charge to exercise their right to say what happens on their land and defend themselves with the law.