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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Leydy Pech, the guardian of the bees
“They’re part of my very being,” Leydy Araceli Pech Martin says of her bees. She feeds them pumpkin candy, and she identifies with them. Seeing how they organize and work together to produce honey reaffirms her confidence in collective action. In her native town of Ich Eq, a name that in Maya means “Star Eye,” families live in the same way: united and supporting each other. Of all the objectives that Leydy shares with her community, perhaps the most vital is the defense of their territory and traditional ways of life—threatened now by growing deforestation and the toxic contamination of industrial agriculture. The expansion of soy cultivation in Leydy’s town—located in the municipality of Hopelchén, in the Mexican State of Campeche—is killing large areas of tropical forest and indiscriminately spreading toxic pesticides through the land and water. It is harmful to both human health and the natural environment, particularly those ecosystems that depend on bees and, thus, beekeepers. Knocking down obstacles With a sweet look and a soft voice, Leydy is an agile woman. She does many things in a day, dividing her time between beekeeping, housework, caring for her mother and uncle, and keeping an eye on her son Diego Alberto, 17. She also manages the shop of Koolel-Kab (“women who work with bees”), an organization she founded with other women from Hopelchén in 1995. Together they breed and work for the preservation of melipona beecheii, a wild bee species that has been domesticated by the Maya people for hundred of years. Using what the bees produce, the women make and sell honeys, soaps and creams in the organization’s store. For Leydy, dedicating herself to beekeeping, a trade she learned from grandfather, which in the area is done mostly by men, has not been easy. She’s had to break down barriers. “We live in a world where only men have been able to speak and make decisions,” Leydy explained. “I’ve broken with that and they’ve questioned me.” At the beginning, the community underestimated the women’s potential. “They told us we wouldn’t achieve anything,” she said. “But little by little we demonstrated our abilities. The men saw the results of our work and publically recognized that the organization is an example of struggle, and success.” The women of Koolel-Kab work for the recognition of and respect for indigenous rights in the region. Leydy says their struggle began when they realized that other people were making decisions about the territory and natural resources of their town, about job opportunities and quality of life for their youngest members. Mennonites and industrial agribusiness have been cultivating genetically modified soybeans in Hopelchén, leading to mass deforestation and public health risks. The Mexican government authorized the cultivation without consulting affected communities. Although Mexico’s Supreme Court has recognized this human rights violation, the illegal planting of GMO soy has not stopped and the sowing of traditional soy has expanded. In addition, the aerial fumigation of crops is causing a harmful mixture of chemicals to reach houses, water sources, and the flowers the bees rely on. “I cannot sit idly by when I know what is happening,” explained Leydy, with the firmness that characterizes her. “It has become my responsibility. Not doing anything would be like betraying my own identity.” Leydy is motivated by the search for justice. Her organization of Maya women is part of the Collective of Maya Communities of los Chenes, which has presented national and international legal actions to stop the damages of agroindustry. AIDA, together with partner organizations, supports their efforts and has taken the case, on behalf of the communities, before the Inter-American Commission on Human Rights. The strength of unity Leydy is convinced that the strength of the Collective is its unity. Those in the Collective work for the needs of their own communities, but are also in the process of seeing themselves as one—something that applies not only to the people of Campeche, but also to those of the nearby States of Yucatan and Quintana Roo. “The Maya people are many, and everything that we’ve achieved is not for only one person, it is for all.” Leydy shares her leadership and her natural ability for teamwork. Her son, Diego Alberto, is part of that effort. “He’s happy, he understands a lot about bees and has his own projects,” she says. Like Diego Albert, other young members of Leydy’s family are choosing to dedicate themselves to beekeeping. “That tells me I’m doing something right,” she says, proudly.
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Open Letter to States and Development Financiers
On the anniversaries of the United Nations Declaration on the Right to Development (December 4th), the Declaration on Human Rights Defenders (December 9th), and the Universal Declaration of Human Rights (December 10th), civil society groups around the world are drawing attention to the unique threats faced by human rights defenders in the context of megaprojects and other development interventions. Human rights defenders are a critical force for the protection of human rights and integral to the achievement of sustainable development. They are vital to protecting the land and the environment, securing just and safe conditions of work, combating corruption, respecting traditional cultures, and holding governments accountable. Yet those who voice their opinions or seek to shape development and investments are routinely stigmatized as “anti-development,” and subjected to judicial harassment, threats, and violent attacks. Since the adoption of the Declaration on Human Rights Defenders 20 years ago, an estimated 3,500 human rights defenders have been killed because of their peaceful work defending the rights of others. In 2017 alone, at least 312 human rights defenders were murdered, 67 percent of whom were working in defense of land and territory in the context of large investments, extractive industries and big business. Today, the same governments who adopted these important human rights instruments may actually be undermining those efforts through the actions of their national development banks or bilateral and multilateral development cooperation. Where development interventions ignore human rights, or are imposed upon communities without their consent or participation, they often fail to deliver development or alleviate poverty, and instead end up contributing to rights abuses and putting defenders at risk. That is why the Defenders in Development Campaign is calling on development banks, States, and other development actors to honor these human rights anniversaries by highlighting the important role that defenders play in sustainable development and making a public commitment to: Ensure that development interventions support the realization of human rights and avoid abuses, Promote an enabling environment for public participation within development processes, and Take necessary measures to safeguard defenders in the context of development activities. Read the Open Letter signed by over 200 groups Find more information here
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The first time fracking was discussed before the Inter-American Commission
We heard the news at an exceptional moment. The Latin American Alliance on Fracking had organized a conference; activists, lawyers, NGOs, community organizers, and scientists from seven Latin American countries were meeting face to face in Colombia to work against hydraulic fracturing in the region. It was there we learned that the Inter-American Commission on Human Rights had accepted our request for a hearing. We erupted in collective joy! Not only would we have a new audience, but also fracking would be discussed for the first time before the Commission. Immediately, we channeled our excitement into hard work. We had just 20 days to prepare a 20-minute case that would summarize every negative impact fracking has had in the Americas. We worked day and night to prepare our case for the October 3 hearing in Boulder, Colorado. It was so little time that Gabriel Cherqui, spokesperson for Mapuche communities affected by the Vaca Muerta mega-project in Neuquén, Argentina, couldn’t obtain a visa in time to travel to the United States. Years of work, converted into minutes Perhaps the most difficult aspect of preparing our case was summarizing thousands of documents and stories into such a short amount of time. It had taken years to systematize our specialized research on fracking in the region and to have our case before the Commission—requested with more than 120 supporting signatures—accepted. Another challenge was to demonstrate the solid connection between fracking and human rights violations, an argument we knew the Commission would be interested in addressing, given the scale and complexity of the problem. So we developed a strategy: Roberto Ochandio, a geographer and former petroleum engineer, presented the technical details necessary to understand how fracking works; AIDA attorney Liliana Ávila explained how the technique has violated the rights to a healthy environment, to life, health, and the informed consent of the affected communities; Alejandra Jiménez from the Mexican Alliance Against Fracking presented case studies from Mexico, where communities’ access to water had been compromised by fracking operations; Santiago Cané, from Argentina’s Environmental and Natural Resources Foundation (FARN), exposed the pollution, direct harms, lack of consultation with, and persecution of the communities of Neuquén; and Doris Estela Gutiérrez, president of the Corporation for the Defense of Water, Territory, and Ecosystems (CORDATEC), spoke about the promotion of public consultations in Colombia, as well as the criminalization of and threats to environmental defenders in the country. We emphasized that betting on hydrocarbons and promoting fracking undermines the fight against climate change, since fracking emits methane and other greenhouse gases that accelerate global warming. It was a challenge, to be sure. But we wanted to ensure everyone’s voice was heard. To listen, and learn: a window of hope Based on the response of the Commissioners, it was clear that our case had opened a window of hope. The multifaceted character of fracking—including aspects of development, pollution, climate change and human rights—had captured their interest. Not only was this the first time that fracking had been discussed before of the Commission, it’s worth noting that five speakers had summarized the concerns of more than 120 petitioners, all of whom shared one common cause. What came next was a dialogue in which we responded to the Commissioners’ questions about the technique, their concerns about development in the region, water quality, harms to public health, and concerns about fracking moving nations further away from their climate goals. We requested that the Commission urge States to: adopt measures to avoid human rights violations caused by fracking; generate public, truthful and impartial information based on scientific evidence; and protect human rights protections in cases where the technique is advancing blindly. Going forward, we asked that the Commission follow up on the issue, particularly on the negative impacts fracking has on economic, social and cultural rights; on the lives of women, children and adolescents; and on the lives and territories of indigenous peoples. We requested that the Commission follow up on the attacks against human rights defenders and seek protective measures for those at risk. Of course, questions remain, and at the Alliance we’ve identified many more concerns for the region. But this moment has strengthened us. The hearing set regional precedents and made use of the arguments of Advisory Opinion 23, which the Inter-American Court of Human Rights issued on human rights and the environment. It is clear that this moment was a small, but vital, step forward, and that there are ears willing to listen. For our part, we will continue doing everything in our power—making use of all available international legal tools—to protect the communities of the Americas that are and could be affected by fracking.
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