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Photo: Alejandro Balaguer / Fundación Albatros MediaVictory: Panama Bay is Legally Protected
Panama Bay, one of the world’s most important nesting and roosting sites for migratory birds, is now permanently protected, thanks in part to AIDA’s expertise in international law.
The bay supports endangered species, including jaguars and loggerhead turtles, as well as the vast majority of the country’s fishing industry. Its coastal mangroves capture 50 times more carbon pollution than a tropical forest of similar size. Mangroves also protect coastal communities from storm surges that grow in severity as the climate warms. Panama has already lost 75 percent of its mangroves.
In 2012 tourism developers had secured a Supreme Court decision overturning the National Environmental Authority’s decision to protect the bay as a wildlife refuge.
AIDA worked with the Environmental Advocacy Center (CIAM), a Panamanian environmental law organization, to defend Panama Bay’s protected status. We submitted a brief containing arguments based on international law. We made analogies between Panama Bay and Las Baulas National Marine Park in Costa Rica. In a legal case about Las Baulas, a balancing test found that the public right to a healthy environment outweighed the interests of tourism developers.
Then, on February 2, 2015—World Wetlands Day—Panama passed a law creating Panama Bay Wetland Wildlife Refuge. The law emphasizes the importance of an ecosystem approach to management and the rational use of wetlands, as described in the Ramsar Convention.
AIDA and CIAM will continue working to see that the law is implemented properly and to ensure the protection of Panama Bay wetlands.
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AIDA filed an amicus brief demonstrating the international environmental and human rights obligations the Mexican government violated by authorizing the controversial hydroelectric project. It was written in support of a lawsuit filed by the Wixárika people of Nayarit, Mexico, whose land and sacred sites would be affected by the dam. Nayarit, Mexico. The Inter-American Association for Environmental Defense (AIDA) presented an amicus brief before the First District Court of Nayarit, demonstrating the international environmental and human rights obligations the Mexican government violated by authorizing the Las Cruces hydroelectric project. The brief supports the writ of amparo filed against the project by members of the Wixárika indigenous community. "When analyzing the project, Mexican authorities failed to adequately consult affected communities and obtain their free, prior, and informed consent. Above all, they failed to respect their rights to self-determination, autonomy, territory and cultural identity, and to a healthy environment," explained AIDA attorney Camilo Thompson. "In addition, authorities overlooked the risks of damage to the San Pedro Mezquital river basin and the ecosystem it feeds: the mangrove forests of Marismas Nacionales, an internationally protected site." The hydroelectric plant, promoted by the Federal Electricity Commission, threatens ceremonial sites on which the spiritual life of the Wixárika, Náyeris-Cora, Tepehuano and Mexicanero people depend. Members of the Wixárika tribe presented the demand for protection (amparo) in mid-2017 against the authorities that endorsed the project—the Ministry of Environment and Natural Resources and the National Water Commission. AIDA’s supporting brief, presented in March, details the international obligations Mexico breached by approving the dam—those contained in the American Convention on Human Rights, the Protocol of San Salvador, Convention 169 of the International Labor Organization on indigenous and tribal peoples in independent countries, the Convention on Biological Diversity, the Ramsar Convention on Wetlands of International Importance, and the United Nations Framework Convention on Climate Change. After the request for protection was filed, the court ordered the suspension of project permits until the legal process has concluded and a decision has been made as to whether those permits are valid. Government authorities have argued that the project must continue because it is in the public interest, and that indigenous peoples can "re-organize their spiritual life in a context modified by the project’s construction." This position ignores the rights of communities, due process, and the environmental threats affecting the public interest. In order to safeguard the rights of affected communities, the court must now continue the legal process, confirm the project’s suspension, and issue the cancellation of all related permits. “The government must maintain the balance between the protection of human rights and the environment, thereby canceling the permits granted to the Las Cruces project and protecting the rights of the affected communities," Thompson said. "In this instance, Mexico has the opportunity to strengthen the global trend towards truly sustainable energy, moving away from large dam projects that emit greenhouse gases and aggravate climate change." Learn more about the case here. Press contact: Camilo Thompson, AIDA attorney, +521 9671302346, [email protected]
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We all know coral reefs are fragile environments, highly vulnerable to climate change and pollution. But did you know they also had to compete for light and oxygen with the tiny macro-algae that cover their surface? That’s why some of corals' best friends are herbivorous fish—species like parrotfish and surgeonfish that feed on algae, helping to keep corals healthy. But in the Caribbean, unsustainable fishing practices are causing a decline in populations of parrotfish (and other herbivorous fish), putting the health of corals at risk. That’s why, in AIDA’s marine program, we’re launching a large-scale project dedicated to the conservation of herbivorous fish throughout Latin America—focused on the nations of Colombia, Costa Rica, Guatemala, Honduras, Mexico and Panama. Herbivorous fish conservation The parrotfish is one of the most important fish living in coral reefs. They spend most of the day nibbling on corals, cleaning algae from their surface. They also eat dead corals—those bits and pieces that protrude from the reef—and later excrete them as white sand. A key element to maintaining sustainable fisheries is catching only adult fish—those that have already matured and reproduced. But in the Caribbean right now, people are fishing juvenile parrotfish. Though not a commercial species, parrotfish are being captured because they’re some of the only fish left in the reef. The irresponsible nature of commercial fishing in the region has caused a drastic decline in both commercial and herbivorous fish. “A key element of maintaining a sustainable fishery is catching only adult fish, which have already matured and reproduced. But what’s happening in the Caribbean is the fishing of young parrotfish,” explained Magie Rodríguez, AIDA marine attorney. Most fishing is done with gillnets and hooks, which cause high levels of by-catch—unwanted populations of marine species caught in commercial fishing. Harpoons and traps are also used, which prevent younger, smaller fish from escaping and continuing their life cycle. Surgeonfish and damselfish are two other herbivorous fish—both small and quite beautiful—falling victim to irresponsible fishing practices. Their popularity in tropical home aquariums has led to a decline in their wild populations. Remember Dory, from Finding Nemo? She was a surgeonfish, and the movie’s popularity led to an increased demand for her species in aquariums. What the movie didn’t tell you is that the surgeonfish’s small, sharp teeth are highly adept at chewing algae, preventing the plantlife from essentially choking coral reefs of oxygen and light. Conservation strategies AIDA’s project for the conservation of herbivorous fish in the Caribbean is in its initial phases. Our objective is the implementation of diverse strategies, across the six Latin American nations, to protect these fish and, by extension, the reefs they call home. “To restore the balance of the coral ecosystem, it’s necessary to achieve the recovery not just of herbivorous fish populations, but also of commercial species,” Rodríguez said. So we’re talking not just about fishing bans, but also about the general adoption of sustainable fishing tools that take into account the tourism potential of coral reefs. The project will also contemplate adequate wastewater management strategies, consumer education, and collaboration between governments, NGOs, universities and scientists. Corals are, among other things, a source of economic income and food for coastal communities that live from fishing and tourism. Plus, they are natural barriers against storms and hurricanes. “Corals do a lot for us and we have to take care of them,” Rodríguez added. “We’ve come to find that the best thing we can do to keep corals healthy is to protect the herbivorous fish that call them home.”
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We all know coral reefs are fragile environments, highly vulnerable to climate change and pollution. But did you know they also had to compete for light and oxygen with the tiny macro-algae that cover their surface? That’s why some of corals' best friends are herbivorous fish—species like parrotfish and surgeonfish that feed on algae, helping to keep corals healthy. But in the Caribbean, unsustainable fishing practices are causing a decline in populations of parrotfish (and other herbivorous fish), putting the health of corals at risk. That’s why, in AIDA’s marine program, we’re launching a large-scale project dedicated to the conservation of herbivorous fish throughout Latin America—focused on the nations of Colombia, Costa Rica, Guatemala, Honduras, Mexico and Panama. Herbivorous fish conservation The parrotfish is one of the most important fish living in coral reefs. They spend most of the day nibbling on corals, cleaning algae from their surface. They also eat dead corals—those bits and pieces that protrude from the reef—and later excrete them as white sand. A key element to maintaining sustainable fisheries is catching only adult fish—those that have already matured and reproduced. But in the Caribbean right now, people are fishing juvenile parrotfish. Though not a commercial species, parrotfish are being captured because they’re some of the only fish left in the reef. The irresponsible nature of commercial fishing in the region has caused a drastic decline in both commercial and herbivorous fish. “A key element of maintaining a sustainable fishery is catching only adult fish, which have already matured and reproduced. But what’s happening in the Caribbean is the fishing of young parrotfish,” explained Magie Rodríguez, AIDA marine attorney. Most fishing is done with gillnets and hooks, which cause high levels of by-catch—unwanted populations of marine species caught in commercial fishing. Harpoons and traps are also used, which prevent younger, smaller fish from escaping and continuing their life cycle. Surgeonfish and damselfish are two other herbivorous fish—both small and quite beautiful—falling victim to irresponsible fishing practices. Their popularity in tropical home aquariums has led to a decline in their wild populations. Remember Dory, from Finding Nemo? She was a surgeonfish, and the movie’s popularity led to an increased demand for her species in aquariums. What the movie didn’t tell you is that the surgeonfish’s small, sharp teeth are highly adept at chewing algae, preventing the plantlife from essentially choking coral reefs of oxygen and light. Conservation strategies AIDA’s project for the conservation of herbivorous fish in the Caribbean is in its initial phases. Our objective is the implementation of diverse strategies, across the six Latin American nations, to protect these fish and, by extension, the reefs they call home. “To restore the balance of the coral ecosystem, it’s necessary to achieve the recovery not just of herbivorous fish populations, but also of commercial species,” Rodríguez said. So we’re talking not just about fishing bans, but also about the general adoption of sustainable fishing tools that take into account the tourism potential of coral reefs. The project will also contemplate adequate wastewater management strategies, consumer education, and collaboration between governments, NGOs, universities and scientists. Corals are, among other things, a source of economic income and food for coastal communities that live from fishing and tourism. Plus, they are natural barriers against storms and hurricanes. “Corals do a lot for us and we have to take care of them,” Rodríguez added. “We’ve come to find that the best thing we can do to keep corals healthy is to protect the herbivorous fish that call them home.”
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