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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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In accordance with the guidelines of the Human Rights Council, the Mexican Environmental Law Center (CEMDA) and the Interamerican Association for Environmental Defense (AIDA) present comments on the extent of Mexico’s compliance with the recommendations the country accepted as part of the 2009 Universal Periodic Review (UPR). We also present comments on other human rights violations related to environmental issues, which we believe should be taken into consideration during the next Universal Periodic Review set to take place later this year.
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FOR IMMEDIATE RELEASE April 11, 2013 Media contacts: Mexico Sandra Moguel, [email protected], +52 (164) 621-02353 USA Sarah Burt, [email protected], +1 (415) 217-2055 Serena Ingre, [email protected], +1 (415) 875-6155 Groups seek investigation into Mexico’s approval of four “mega resorts” Massive tourism developments threaten fragile ecosystems and endangered species San Francisco, USA/La Paz, Mexico. In a petition submitted to the Commission for Environmental Cooperation, eleven conservation groups charged the Mexican government with failing to enforce its own environmental laws in authorizing the construction of four “mega resorts” in the Gulf of California. The Commission is an international body established under the North American Free Trade Agreement to promote cooperation among Canada, Mexico and the U.S. on environmental issues of continental concern. “The Mexican authorities’ approval of massive tourism projects in violation of environmental laws is unacceptable and demonstrates little regard for threatened species, the environment and local communities”, said Sandra Moguel of the Inter-American Association for Environmental Defense, and one of the signers of the petition. “We urge the new Administration and Minister Guerra Abud to ensure that the approval process of development projects is transparent and not arbitrary”. The approval of projects such as Cabo Cortés, Paraíso del Mar, Entre Mares, and Playa Espíritu threatens the unique coral reefs and mangrove ecosystems of the region, and endangered species such as humpback and gray whales, whale sharks, manta rays, sea turtles, sea lions, jaguars, crocodiles and many species of migratory birds. The petition highlights the four projects as examples of the Mexican Ministry of Environment and Natural Resources’ repeated failure to enforce environmental laws when approving large-scale tourist development projects in the Gulf of California. In particular, the government ignores laws requiring effective environmental impact assessment, protection of endangered species, and conservation of coastal ecosystems. The petitioners are requesting that the Commission investigate and develop a factual record to examine Mexico’s lack of enforcement of its environmental laws when authorizing these developments. Such a finding would pressure Mexico to comply with its own environmental safeguards. “These natural treasures are of importance to Mexican communities that depend on them as cultural, economic and recreational resources”, says Judith Castro with the Friends for the Conservation of Cabo Pulmo. “Mexico cannot continue to approve mega projects that displace residents, bulldoze wildlife habitat, and pollute the waters of this vital ecosystem”. Known as the “World’s Aquarium”, the Gulf of California is considered one of the most diverse marine regions on the planet, and is home to thousands of species. Specifically, these mega projects, two of which are already under construction, threatened the following critical areas in the region: Cabo Pulmo National Park: One of the healthiest coral reef systems in the world, a UNESCO World Heritage Site and a Ramsar Wetland of International Importance, Cabo Pulmo is threatened by massive developments like Cabo Cortés. The Cabo Cortés proposal included the equivalent of nearly 30,000 guest rooms in its hotels, condominiums and villas, two 27-hole golf courses, a 490 berth marina, and a system of canals and artificial lakes. Additionally, because the region has a desert climate without sufficient water to accommodate such amenities and the expected population growth, the proposal included a desalination plant that could have discharged hypersaline brine into the reef. While the project was ultimately rejected in June 2012, Cabo Pulmo is threatened by similar developments still being considered. The Marismas Nacionales Wetlands: Playa Espíritu, a project already under construction that includes three golf courses, two marinas, a wastewater plant, and additional infrastructure spread across more than 35,000 acres, threatens the Marismas Nacionales, the most extensive and well-preserved mangrove forest habitat on the western coast of Mexico, and home to more than 280 species of migratory and resident bird species. The Bay of La Paz: One of the most productive water bodies in the Gulf of California and an important area for nesting birds, the Bay of La Paz is jeopardized by two adjacent projects, Paraíso del Mar, currently under construction, and Entre Mares, proposed for construction on a sandbar extending into the bay. Combined, these two projects will develop nearly ten thousand hotel rooms, plus 4,000 homes, two golf courses and a large marina and would bring an additional population of more than 10,000 people in high season. Earthjustice and the Interamerican Association for Environmental Defense (AIDA) are filing the petition on behalf of the Ecological Network for Escuinapa Development (REDES), Friends for the Conservation of Cabo Pulmo (ACCP), WiLDCOAST, SUMAR, Los Cabos Coastkeepers, Alliance for the Sustainability of the Mexican Coastal Northwest (ALCOSTA), the Natural Resources Defense Council (NRDC), Greenpeace México and AIDA. The petitioners are calling on Mexico to protect the marine and coastal ecosystems of the Gulf of California, particularly coral reefs like the ones in Cabo Pulmo. “By approving these projects, Mexico is failing its obligations to protect wetlands, coral reefs and species of environmental and international importance”, said Carolina Herrera, Latin America Advocate with the Natural Resources Defense Council. “What this region in the Gulf of California needs is low-impact sustainable development where the well-being of local communities and the environment is the first priority”. A map of the projects, photos, videos, and background information are available at: http://earthjustice.org/cortes Read the petition here: http://earthjustice.org/documents/legal-document/pdf/petition-to-commission-english
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By Astrid Puentes Riaño, co-director, AIDA,@astridpuentes In June, I wrote about how some OAS member states had begun a process to introduce tough reforms on the Inter-American Commission on Human Rights (IACHR) and the Inter-American Human Rights System that would weaken their ability to operate and protect our human rights. I want to bring you up to date on how the discussions are faring. More importantly, though, I want to ask you to get involved by signing thepetitionto ask the member states to strengthen –not weaken– the Inter-American System. More than 3,000 people have already signed! You can sign too! Watch our video message to the Permanent Council of the OAS (Spanish only) The outlook last June was pretty thorny. Seldom has an OAS General Assembly been as tense as the last two, particularly the most recent one when the Inter-American System came under fierce attack and several member states even sought to re-establish it. The Assembly ended with a call to reform the statute at an Extraordinary Assembly, something that’s never happened in the history of the IACHR. The good news is that the member states appear to have somewhat cooled their clamoring. There are more signs of a willingness to talk. The Representative of Brazil made reference to this change during the Permanent Council’s extraordinary session with civil society representatives, saying the confidence and opportunities for negotiations have improved. He said this process should lead to an outcome in which the underlying question of human rights takes precedence over procedural matters. Watch our video message to the Permanent Council of the OAS (Spanish only) It’s an honor that the representative quoted us. Now we have to see if this good message gets translated into action by, for example, addressing the IACHR’s requests on Brazil including those regarding the contentious Belo Monte dam. The Brazilian government must respond and give its perspective on the case. The not so good news is that the process is not yet complete. We’re still waiting for a definition on what the reforms will be and how they will be implemented. For example, part of the reform package proposed by some states is that if the Inter-American Court rejects a request for precautionary measures then the IACHR has to do so too. That, as we have said, fails to recognize the natural differences of the Court and the IACHR and puts them at risk. The IACHR has committed to producing various reports, which will eat up a lot of its resources and thus could affect its duty to protect, its duty to proceed with cases of human rights violations affecting millions of people in the hemisphere. It is understood that neither the Inter-American System nor any of those involved are perfect. There is still a lot to improve. But it is essential that this process concludes with recommendations to make the System more effective. That means that AIDA and our colleagues in the hemisphere will continue to lobby the member states, the OAS and the IACHR itself. We will continue to offer our opinions. We will continue to share our experiences as users of the System. We will continue to fight to prevent any weakening of the System. That is why we ask you to sign TODAY and help us defend the IASHR and, in the process, our human rights. If you as an inpidual or community member believe that you could use one of the IACHR’s decisions in cases involving dams, mining projects, tourism developments, free speech, the protection of women or anything else, then speak out and sign up now! If not you, if not us, then who? Full video of the session In this recording you can hear the Representative of Brazil cite AIDA (last 5 minutes)
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