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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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In Argentina’s Rivadavia department, along the border of Bolivia and Paraguay, the lands have been inhabited by indigenous people for at least 60 years. Communities there subsist primarily from hunting, gathering, and fishing. Many of these ancestral peoples have been battling for governmental recognition of their land rights since 1984, when the country’s transition from dictatorship to democracy began. This lack of recognition has had profound impacts on the lives of indigenous inhabitants, affected by changes in their land and its use. As Creole families settled in the area, they brought their own customs and economic activities, such as animal grazing and illegal logging. Barbed wire fence was erected without consulting indigenous populations, and an international bridge was built that crosses into their land. These developments have changed how the indigenous people eat and disrupted their access to water, threatening their very cultural identity. With no protection from the Argentine government, in 1998 a coalition of indigenous groups took their struggle before the Inter-American Commission on Human Rights. Grouped in the Lhaka Honhat (Nuestra Tierra) Association—made up of Wichí (Mataco), Iyjwaja (Chorote), Komlek (Toba), Niwackle (Chulupí) and Tapy'y (Tapiete) indigenous peoples—, they were represented by the Centre for Legal and Social Studies. In 2012, the Commission issued its Merits Report, establishing the violation of indigenous communities' rights and recommending that the State adopt reparation measures. When Argentina failed to comply with the provision, the case was referred to the Inter-American Court of Human Rights. On April 2, 2020, the Court’s decision declared Argentina responsible for the violation of the indigenous peoples’ rights to community property, cultural identity, a healthy environment, and adequate food and water. The ruling marks an important milestone in the struggle for indigenous rights. It is the first time that the Court, in a contentious case, has analyzed these rights autonomously on the basis of Article 26 of the American Convention, and ordered specific measures for their restitution, including actions for access to food and water, the recovery of forest resources, and the recovery of indigenous culture. Actions for Reparation Among other implications, the Court's decision could lead to solutions to the health issues afflicting the indigenous communities of Lhaka Honhat. The violation of their rights to food and water has caused deaths from malnutrition and dehydration. The Court demanded that the State present a study within six months that identifies critical situations of lack of access to drinking water and food, formulates a plan of action to address them, and begins its implementation. It also ordered the creation and implementation of a community development fund within a period of no more than four years. As for the territory, the State shall, within a maximum period of six years: Delineate, demarcate, and grant a single collective title without subdivisions or fragmentations for the indigenous communities. Transfer the Creole population out of the indigenous territory through specific mechanisms that promote, above all, voluntary transfer. Remove barbed wire fences and livestock belonging to Creole settlers from indigenous lands. Refrain from carrying out acts, works or undertakings in indigenous territory. Additionally, the Court requested the adoption of legislative and/or other measures to provide legal certainty to the right to indigenous community property in Argentina. Supporting the Indigenous Struggle In March 2019, AIDA helped author and amicus brief in support of the climate of the indigenous communities of the Lhaka Honhat Association. We did so alongside our allies on the litigation group of the International Network for Economic, Social and Cultural Rights (ESCR-Net), including Amnesty International, the Asociación Civil por Igualdad y Justicia, the Colombian Commission of Jurists, Dejusticia, FIAN International, International Women's Rights Action Watch - Asia Pacific, and the Minority Rights Group International. Our arguments highlighted the importance of recognizing economic, social, cultural, and environmental rights as real enforceable rights—similar to others such as the right to life or personal integrity—due to their independent and indivisible nature. In this sense, AIDA recalled the important advance that the Court promoted with Advisory Opinion 023, which recognizes the right to a healthy environment as fundamental to human life. Our brief called on the government to respect the rights of indigenous peoples—as outlined in Article 26 of the American Convention on Human Rights—to a healthy environment, food and water, and cultural identity. The Court's decision establishes an important regional precedent for the protection of the environment in the Americas. It contributes to the consolidation of standards to protect the land of indigenous communities, as well as their rights to a healthy environment, water and culture.
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Last year, I completed a three-month internship with AIDA in La Paz, the capital of Baja California Sur, Mexico. It was part of the academic process to become a lawyer in Germany, my home country. The internship allowed me to combine my professional training with my passion for nature, as well as to gain experience working with an international NGO in the field of environmental law. I applied to the internship with AIDA's Marine Biodiversity and Coastal Protection Program without specifying a preferred location. Imagine my delight to learn that the internship would take place in La Paz, Mexico, a small city surrounded by nature. Coming from one of the most densely populated countries in the world, it was amazing to live in a place with so much space. I was fascinated by the diversity of ecosystems in the area: deserts, mangroves, mountainous pine forests, and the rock and coral reefs of the Gulf of California. On my first weekend, I was able to take in the abundance of wildlife in La Paz when Camilo Thompson, AIDA attorney and my supervisor, and Mario del Angel, his neighbor and a kayak guide, took me on a tour of the El Mogote wetlands, an ecosystem of international importance. I was impressed to see, in the first light of day, a group of dolphins in the bay. The morning was complete when I had my first chilaquiles, a typical Mexican dish, for breakfast. As we toured the waterways taking pictures of herons among the mangroves, I learned about the importance of coastal wetlands—they serve as habitat for key species and are natural carbon sinks. From the beginning of my internship, I participated in the virtual meetings of AIDA’s marine team, distributed throughout several countries of the region. I learned about the variety of animals and ecosystems that AIDA works to protect. From the office in La Paz, our contribution was focused on Mexico. I learned about national regulations related to reefs, herbivorous fish, and Natural Protected Areas. I supported research on the state of protection of these fish, which are essential for keeping Latin American and global coral reefs healthy. The combination of direct contact with nature and working in the office for local and regional projects gave me a different perspective on the nature of environmental law, and increased my motivation to learn. I learned that AIDA has worked for years with other organizations, local stakeholders, and scientists to protect fisheries and endangered species such as whales and sea turtles. One of the most enriching aspects of my internship was being able to experience first-hand the natural wealth that AIDA seeks to preserve. Though I’d been a diver for many years, I never ceased to be amazed by the sight of sea lions, bull and hammerhead sharks, killer whales, rays, sea turtles, and countless species of reef fish in their natural habitat. While in La Paz, I finished my rescue diver course and accompanied a team of marine biologists to conduct a visual census of marine life on Espiritu Santo Island. On four occasions, I visited Cabo Pulmo National Park, the largest coral reserve in the Gulf of California. I went diving and snorkeling. I participated in meetings of the Cabo Pulmo Vivo coalition, dedicated to protecting the park and its area of influence. It was gratifying to know that I was doing my small part for the site’s conservation. The internship gave my professional training a multidisciplinary approach. La Paz is one of the scientific centers of marine biology in Mexico and, while there, I was able to exchange ideas with marine biologists on diving trips and while socializing in bars in the city. Around La Paz, I was also able to spend time bird watching, one of my hobbies. The state of Baja California Sur is home to roughly 432 species of birds. I was able to see a wide variety of migratory species, as well five of the six endemic ones. I completed the internship very grateful for the experiences I had gained. Now, I’m back in Berlin, but I plan to return soon to La Paz to see the birds, whale sharks, and other majestic species that inhabit the area and are living proof of the valuable work of organizations like AIDA.
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Last year, I completed a three-month internship with AIDA in La Paz, the capital of Baja California Sur, Mexico. It was part of the academic process to become a lawyer in Germany, my home country. The internship allowed me to combine my professional training with my passion for nature, as well as to gain experience working with an international NGO in the field of environmental law. I applied to the internship with AIDA's Marine Biodiversity and Coastal Protection Program without specifying a preferred location. Imagine my delight to learn that the internship would take place in La Paz, Mexico, a small city surrounded by nature. Coming from one of the most densely populated countries in the world, it was amazing to live in a place with so much space. I was fascinated by the diversity of ecosystems in the area: deserts, mangroves, mountainous pine forests, and the rock and coral reefs of the Gulf of California. On my first weekend, I was able to take in the abundance of wildlife in La Paz when Camilo Thompson, AIDA attorney and my supervisor, and Mario del Angel, his neighbor and a kayak guide, took me on a tour of the El Mogote wetlands, an ecosystem of international importance. I was impressed to see, in the first light of day, a group of dolphins in the bay. The morning was complete when I had my first chilaquiles, a typical Mexican dish, for breakfast. As we toured the waterways taking pictures of herons among the mangroves, I learned about the importance of coastal wetlands—they serve as habitat for key species and are natural carbon sinks. From the beginning of my internship, I participated in the virtual meetings of AIDA’s marine team, distributed throughout several countries of the region. I learned about the variety of animals and ecosystems that AIDA works to protect. From the office in La Paz, our contribution was focused on Mexico. I learned about national regulations related to reefs, herbivorous fish, and Natural Protected Areas. I supported research on the state of protection of these fish, which are essential for keeping Latin American and global coral reefs healthy. The combination of direct contact with nature and working in the office for local and regional projects gave me a different perspective on the nature of environmental law, and increased my motivation to learn. I learned that AIDA has worked for years with other organizations, local stakeholders, and scientists to protect fisheries and endangered species such as whales and sea turtles. One of the most enriching aspects of my internship was being able to experience first-hand the natural wealth that AIDA seeks to preserve. Though I’d been a diver for many years, I never ceased to be amazed by the sight of sea lions, bull and hammerhead sharks, killer whales, rays, sea turtles, and countless species of reef fish in their natural habitat. While in La Paz, I finished my rescue diver course and accompanied a team of marine biologists to conduct a visual census of marine life on Espiritu Santo Island. On four occasions, I visited Cabo Pulmo National Park, the largest coral reserve in the Gulf of California. I went diving and snorkeling. I participated in meetings of the Cabo Pulmo Vivo coalition, dedicated to protecting the park and its area of influence. It was gratifying to know that I was doing my small part for the site’s conservation. The internship gave my professional training a multidisciplinary approach. La Paz is one of the scientific centers of marine biology in Mexico and, while there, I was able to exchange ideas with marine biologists on diving trips and while socializing in bars in the city. Around La Paz, I was also able to spend time bird watching, one of my hobbies. The state of Baja California Sur is home to roughly 432 species of birds. I was able to see a wide variety of migratory species, as well five of the six endemic ones. I completed the internship very grateful for the experiences I had gained. Now, I’m back in Berlin, but I plan to return soon to La Paz to see the birds, whale sharks, and other majestic species that inhabit the area and are living proof of the valuable work of organizations like AIDA.
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