Project
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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By Haydée Rodríguez When I tell people I live in Costa Rica, they imagine my home on the beach, facing the ocean, waves rolling in from the endless horizon. In reality, I live in a city like any other, one hour from the Pacific coast and three from the Caribbean. Although my life hasn’t exactly been a tropical vision of paradise, I’ve been in love with the ocean since I was a girl. That love has only deepened the more I came to understand the mysteries of the sea, the services it provides and the marvelous creatures that call it home. Of all the species that live in the sea, corals are among my favorites. Thanks to my career at AIDA, I have been able to both learn a lot about these tiny animals, and work to identify effective ways to protect them. Many people don’t know about the incredible connection we have with corals. It’s a connection that exists even for those of us who don’t have the privilege of living by the sea. What are corals and what do they do for us? Although at first glance they look like large rocks, corals are actually living organisms with an exoskeleton. They have a mutualistic relationship with photosynthetic algae called zooxanthellae, which are responsible for their brilliant coloring. The algae use sunlight to produce food and some of the nutrients that the corals need to survive. In exchange, the corals provide the algae with a protected environment. A group of corals forms a reef, a highly biodiverse ecosystem, widely known as the jungle of the sea. Coral reefs provide many benefits to humanity: Reefs are spawning grounds for many varieties of fish—the fish you eat are linked, in one way or another, with a coral reef. Reefs are natural shock absorbers that protect coastal communities from storms and hurricanes. Reefs are tourist destinations that generate important national income: one square kilometer of coral reef provides services valued at up to $600,000 a year, according to the United Nations. The bad news is that these benefits could be lost if we don’t act now to preserve coral reefs. It’s estimated that 60 percent of the world’s coral reefs could disappear by 2030. That would mean that our children may enjoy them for only a brief time, and our grandchildren may know them only from photographs in their science and history books. What are the threats and how can we help fight them? Unsustainable fishing methods, such as trawling, which destroys any coral in its path. Before eating or buying seafood, it’s worth asking how it was fished. Becoming responsible consumers is our right and our obligation. We must demand in restaurants and grocery stores products that have been taken from the sea without harming corals or other species of importance. Inadequate tourism practices harm coral reefs. When exploring the wondrous corals reefs, snorkelers and divers must avoid touching or stepping on them at all costs. We must remember that corals are living creatures, which our weight and the equipment we carry into the sea can harm. When we buy souvenirs like necklaces and crafts, we should reject products that use or incorporate corals. We do not need corals to decorate our homes or bodies, but the ocean needs them to maintain its equilibrium. A recent study found that, when they come into contact with the ocean, sunscreens that contain oxybenzone (a chemical compound) could, even in low concentrations, damage the DNA of corals, deforming them and eventually causing death. We must avoid using this type of product, and instead use safe sunscreens and clothing to protect us from the sun. Here is a list of sunscreens that are safe for corals. The fertilizers used on crops leech into rivers and eventually reach the ocean, severely harming corals by increasing the production of algae, which in large quantities block the sun and prevent corals from receiving nutrients. We must opt for fruits and vegetables grown organically and demand responsible agriculture. Improving legal protection of coral reefs Another important way of saving coral reefs is by seeking change in our countries. We must urge our governments to improve the laws protecting these sensitive creatures. At AIDA, we have recently published A Guide to International Regulatory Best Practices for Coral Reef Protection. The document contains ideas to strengthen laws and promote the conservation of coral reefs around the world. I invite you to share the guide with decision-makers in your country. Or if you prefer, send me ([email protected]) the contact information of people who may be interested in implementing the recommendations contained within, and I will send them the guide directly. Corals play a more important role in our lives than many of us understand, and their future is in our hands. We must save coral reefs to ensure that our children and our grandchildren can enjoy the many benefits of these wondrous creatures.
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By Haydée Rodríguez When I tell people I live in Costa Rica, they imagine my home on the beach, facing the ocean, waves rolling in from the endless horizon. In reality, I live in a city like any other, one hour from the Pacific coast and three from the Caribbean. Although my life hasn’t exactly been a tropical vision of paradise, I’ve been in love with the ocean since I was a girl. That love has only deepened the more I came to understand the mysteries of the sea, the services it provides and the marvelous creatures that call it home. Of all the species that live in the sea, corals are among my favorites. Thanks to my career at AIDA, I have been able to both learn a lot about these tiny animals, and work to identify effective ways to protect them. Many people don’t know about the incredible connection we have with corals. It’s a connection that exists even for those of us who don’t have the privilege of living by the sea. What are corals and what do they do for us? Although at first glance they look like large rocks, corals are actually living organisms with an exoskeleton. They have a mutualistic relationship with photosynthetic algae called zooxanthellae, which are responsible for their brilliant coloring. The algae use sunlight to produce food and some of the nutrients that the corals need to survive. In exchange, the corals provide the algae with a protected environment. A group of corals forms a reef, a highly biodiverse ecosystem, widely known as the jungle of the sea. Coral reefs provide many benefits to humanity: Reefs are spawning grounds for many varieties of fish—the fish you eat are linked, in one way or another, with a coral reef. Reefs are natural shock absorbers that protect coastal communities from storms and hurricanes. Reefs are tourist destinations that generate important national income: one square kilometer of coral reef provides services valued at up to $600,000 a year, according to the United Nations. The bad news is that these benefits could be lost if we don’t act now to preserve coral reefs. It’s estimated that 60 percent of the world’s coral reefs could disappear by 2030. That would mean that our children may enjoy them for only a brief time, and our grandchildren may know them only from photographs in their science and history books. What are the threats and how can we help fight them? Unsustainable fishing methods, such as trawling, which destroys any coral in its path. Before eating or buying seafood, it’s worth asking how it was fished. Becoming responsible consumers is our right and our obligation. We must demand in restaurants and grocery stores products that have been taken from the sea without harming corals or other species of importance. Inadequate tourism practices harm coral reefs. When exploring the wondrous corals reefs, snorkelers and divers must avoid touching or stepping on them at all costs. We must remember that corals are living creatures, which our weight and the equipment we carry into the sea can harm. When we buy souvenirs like necklaces and crafts, we should reject products that use or incorporate corals. We do not need corals to decorate our homes or bodies, but the ocean needs them to maintain its equilibrium. A recent study found that, when they come into contact with the ocean, sunscreens that contain oxybenzone (a chemical compound) could, even in low concentrations, damage the DNA of corals, deforming them and eventually causing death. We must avoid using this type of product, and instead use safe sunscreens and clothing to protect us from the sun. Here is a list of sunscreens that are safe for corals. The fertilizers used on crops leech into rivers and eventually reach the ocean, severely harming corals by increasing the production of algae, which in large quantities block the sun and prevent corals from receiving nutrients. We must opt for fruits and vegetables grown organically and demand responsible agriculture. Improving legal protection of coral reefs Another important way of saving coral reefs is by seeking change in our countries. We must urge our governments to improve the laws protecting these sensitive creatures. At AIDA, we have recently published A Guide to International Regulatory Best Practices for Coral Reef Protection. The document contains ideas to strengthen laws and promote the conservation of coral reefs around the world. I invite you to share the guide with decision-makers in your country. Or if you prefer, send me ([email protected]) the contact information of people who may be interested in implementing the recommendations contained within, and I will send them the guide directly. Corals play a more important role in our lives than many of us understand, and their future is in our hands. We must save coral reefs to ensure that our children and our grandchildren can enjoy the many benefits of these wondrous creatures.
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Part 1 of a 2-Part Series on the Human Rights Situation in La Oroya, Peru. By María José Veramendi Villa Juana[1] is tired. She and her neighbors have been waiting eight years for a ruling; eight years for a decision that could better their lives, clean their air, attend to their sick children and families. What began as a courageous and hopeful quest for justice has become a discouraging waiting game. Since 2007, a group of residents in La Oroya, Peru, has acted as petitioner in a case before the Inter-American Commission on Human Rights, Community of La Oroya v. Peru. For nearly a century, their city has been contaminated by the operation of a metallurgical complex (smelter) within its borders. The smelter has blackened the air, poisoned their bodies, and released toxic chemicals into the land and water. La Oroya was once identified as one of the most polluted cities in the world. The severe contamination has, and continues to have, grave impacts on the health of the city’s residents. Realities of La Oroya When AIDA’s co-executive director Anna Cederstav first arrived in La Oroya in 1997, women were walking around with scarves covering their faces, a vain attempt to ease the pain of breathing. Juana explained that she had felt the steady burning in her eyes and throat—the effects of contamination—since she could remember, but didn’t pay it any mind. Like most of the population, she thought it was normal. She didn’t really know what clean air was because she’d never experienced it. AIDA has worked for nearly two decades with the community of La Oroya. In 2002, we published the report La Oroya Cannot Wait with the Peruvian Society for Environmental Law. That report began to reveal to the community the severity of the pollution and health risks they were facing on a daily basis. The community realized they had to do something. Juana said it was in 2003, more than 80 years after the smelter began operating, that she became aware of the contamination. Through work with her parish, she was able to access information and learn about what was happening in her city. From there, she connected the dots—the respiratory problems in her family were, in fact, a result of her city’s extreme contamination. The quest for justice Residents submitted their case before the Inter-American Commission after their attempts at justice within Peru produced no remedy. A 2006 ruling by Peru’s Constitutional Tribunal against the State ordered it to adopt measures to protect the health of the community, but the State took no such action. In 2007, the Commission urged the Peruvian state to carry out precautionary measures—a specialized diagnosis of 65 residents and treatment for those who showed irreversible damage to their lives or personal integrity. Juana said receiving news of the precautionary measures was a happy moment because “we knew that we were winning something. At the beginning, everything went well and we believed that everything would be fixed, (but) with the passing of months—years—there were no answers.” Then, in 2009, the Commission issued a report admitting AIDA’s petition, declaring that the State’s omissions in the face of pollution could, if proven, represent human rights violations. But still, nearly a decade after the petition was first filed, the victims await a decision, the precautionary measures have yet to be enforced, and the State’s responsibility for the acts have yet to be established. “It’s taking a really long time, and not all of us have the patience or desire to keep waiting,” Juana said. Time affects the victims, wearing them out until they begin to waver and give up fighting for their right to justice. They become even more vulnerable as they face a city hostile to anyone who fights for their rights to life and health, a state that denies its responsibility and looks for any excuse to avoid assuming responsibility, and a company that wants to polish its reputation and use its economic power to manipulate the government. Where is the law in these cases? Where is justice? Juana explained that leaving La Oroya would be impossible for her family, because there they have work. She remains committed to achieving change with the lawsuit. But that’s not the case for everyone. La Oroya contains thousands of stories of families whose lives were radically changed due to the city’s contamination and the subsequent damages to their health and lives. There are those who had to abandon their homes because they did not see a future in the city, and those who have been unable to leave La Oroya because their entire lives and family are there. Then there are those who have suffered painful attacks and insults from their own neighbors in a community worried about losing jobs, but who march forward with the conviction that, one day, change will come and La Oroya will be a better and fairer place for them, their children, and their grandchildren. I trust and hope that the law will deliver justice to salvage those years of waiting. [1] The name has been changed to protect the client. This blog is based on a longer article Maria José wrote on the case entitled La Oroya: A Painful Wait for Justice. It was published as Chapter 8 of DeJusticia’s book, Human Rights in Minefields: Extractive Economies, Environmental Conflicts and Social Justice in the Global South. Read the full account here.
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