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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 presented an amicus brief demonstrating the importance of the protected area, as well as Mexico’s international environmental and human rights obligations to preserve it in the face of a 21,000-room hotel project that would imply significant damage to the site. Cancun, Mexico. The Interamerican Association for Environmental Defense (AIDA) presented a legal brief (Amicus Curiae) before the Seventh District Court of the State of Quintana Roo to defend the Yum Balam Flora and Fauna Protection Area, located in the north of the state. In 2018, when the site's Management Program was published, private and communal landowners filed several lawsuits against the program and the decree that created the protected area, arguing that it affected their rights to participation, property, and legality. Prior to the publication of the Management Program, the Advisory Council of the protected area received a report from a consultant who recommended the construction within Yum Balam of a mega tourism project that includes 21,000 hotel rooms, deeming it economically viable. "That viability is in doubt because each hotel room would generate changes in land use, population growth, loss of flora and fauna, and other irreversible damages to the ecological characteristics of the place," said Camilo Thompson, AIDA attorney. "What is at stake is Yum Balam’s contribution to the enjoyment of a healthy environment for present and future generations." The decree creating the protected area, which dates back to 1994, puts the public interest and regulation of natural environments that benefit the entire country above private interests. The Management Program is aimed at regulating the conservation and sustainable use of Yum Balam. The site is considered a Priority Wetland of International Importance under the Ramsar Convention. "According to a study, Yum Balam's mangroves and sea grasses prevent 38.5 million tons of carbon dioxide from escaping, equivalent to the greenhouse gas emissions of 9.4 million Mexican people," said Pilar Diez, Regional Director of the Mexican Center for Environmental Law (CEMDA-Southeast). In its 152 thousand hectares, the site also has reefs and coastal dunes. It is home to more than 90 percent of the endemic birds of the Yucatan Peninsula, sea turtles with special protection status, whale sharks, dolphins, and endangered terrestrial species like the jaguar. In fact, in the Maya language, Yum Balam means Señor Jaguar. "Our brief seeks to document the national and international importance of Yum Balam in the context of the climate crisis," Thompson added. "Betting on the development of tourism megaprojects is incompatible with the urgent task of confronting this crisis and achieving climate justice.” Both the United Nations Intergovernmental Panel on Climate Change (IPCC) and the Intergovernmental Platform for Science and Policy on Biodiversity and Ecosystem Services (IPBES) have been very firm about the current situation of ecosystem loss and the urgent actions that all countries must take in the face of the climate crisis. "We’ve documented the international legal framework under which the Mexican State is obliged to guarantee fundamental human rights, such as the right to a healthy environment," Thompson explained. "Mexico has the obligation to conserve its biodiversity, including coastal wetlands, forests, jungles and other ecosystems that regulate the climate and contribute to fishing and tourism." The Court's decision must reflect these obligations and uphold Yum Balam's protection. press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107
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In a letter to the Inter-American Commission on Human Rights (IACHR) on the tenth anniversary of the admission of their case, people affected by heavy metal poisoning in La Oroya, Peru call on the Commission to issue the Merit Report on the case. This step implies the hope of achieving justice in the face of the human rights violations the residents of La Oroya have been suffering for more than a decade. The case of La Oroya was the first to demonstrate the serious problem of heavy metal pollution in Peru and the first to be brought before an international mechanism. Seeing as instances of heavy metal pollution have increased in the country due to mining and oil activities, the resolution of the case of La Oroya in favor of the affected people is vital to promoting a comprehensive public policy on the subject, which should be adequately implemented in compliance with Peru's international human rights obligations. That is why, together, AIDA and the Association for Human Rights (APRODEH)—which legally represent the affected people—as well as the National Platform of People Affected by Metals, Metalloids and Other Toxic Chemicals and the Technical Board on Human and Environmental Health, reiterate the community's request for justice through two accompanying letters, also addressed to the Commission. Letter from the affected residents of La Oroya "Today we know that our body is contaminated, but we don't know what the adequate treatment is for its recovery, despite daily suffering... Our case demonstrates the problem of heavy metal contamination that has been manifested across the country, in the face of which a prompt and adequate response from the Commission would not only contribute to positively transforming our realities and guaranteeing our rights, but would also allow for new paths toward justice and environmental health for the thousands of people currently affected by toxic metals in Peru..." Read the Letter (in Spanish) Letter from AIDA and APRODEH "... it's important to reiterate that case of La Oroya not only constitutes, in itself, an urgent and relevant case for the petitioners and for the mandate of the Commission, it is also an emblematic and strategic case in the context of Peru. A pronouncement from the Commission in the case of La Oroya, which would obligate the Peruvian government and send the case before the Inter-American Court, could create an important antecedent and provide guidelines for Peruvian cause, contributing to the guarantee of rights for various communities throughout the country, which have been grouped together in the National Platform of People Affected by Heavy Metals in Peru. Together, their main demands are the creation of a public policy for those affected by heavy metals, and the created of a multi-sectorial commission to bring attention to the problem..." Read the Letter (In Spanish) Letter from the National Platform of People Affected by Heavy Metals and the Technical Board on Human and Environmental Health "A timely statement from the Inter-American Commission on Human Rights on the Merit Report of the case of La Oroya would contribute to granting justice to dozens of families in that community who, over the past decade, have dedicated much of their lives to the defense of their health and of a healthy environment. It would also serve as an important antecedent for the Peruvian State to stop diluting the management of this situation and to implement the measures needed to attend to the environmental and public health problem associated with heavy metal pollution and, in this way, advance in compliance with its international human rights obligations..." Read the Letter (in Spanish)
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The appointment was on a hot Sunday in July. Together with Wayuu indigenous and Afro-descendant communities displaced by coal mining, members of social and human rights organizations, employees of Cerrejón, and government officials, I walked for more than five hours over the barren land where the Bruno Stream once ran. What I saw in my path were the remains of snails that died of thirst, stuck to the mud, and the lifeless body of a tigrillo that showed us so clearly what mustn’t happen again. The Bruno is a vein of water that once irrigated the department of La Guajira, located in Colombia’s far north, a region hit years ago by extreme drought. It is a major tributary of the Ranchería River, one of the department’s most important water sources, and forms part of the underground water systems that have long given life to the region’s communities. It was painful to walk where the Bruno once flowed free, and to think—while doing so—that what is now a dry riverbed was once abundant with life. That Sunday, we also toured the area intended to be the artificial channel of the stream. In 2014, the National Environmental Licensing Authority authorized Cerrejón to divert 3.6 kilometers of Bruno’s flow to favor ongoing coal exploitation in La Guajira. Several things made on impact on me that day. One of them was that, although the rivers belong to us all and natural water sources are public, we were accompanied the entire time by employees of the company. While walking the stream, we entered the land “owned” by the coal-mining concessionaire. Communities that used to travel freely along the banks of the stream can no longer do so today. Although the Bruno is one of few streams in Colombia’s driest department and one of the scarce sources of fresh water for communities living there, its channel was clogged and diverted to facilitate mining. An engineering project has altered one of the most important streams for a thirsty region and created an artificial path through which not a single drop of water flows. “If they carry water, they’re rivers; if not, they’re roads,” a verse from Guatemalan indigenous poet Humberto Ak’abal teaches us. The new “channel” of the Bruno is not a river, but “a barren road” attesting to the deterioration of a sensitive ecosystem. The “road” does not recover or mitigate the damages from the stream’s diversion. On the contrary, it produces new ones. The world is facing a climate crisis, and coal mining is one of its primary causes. While many countries are replacing the use of coal in their energy matrices with cleaner options, Colombia has decided to dry up a river to exploit more and more coal. Walking paths of justice The day after the walk, the frustration of the absurd did not prevent me from embracing a glimmer of hope. On Monday, I joined representatives of indigenous communities and local organizations at a public hearing convened by several Congressmen to discuss what happened with the Bruno. The strength and dignity of their words, in which decades of resistance were encrypted, fed my soul. “This territory is ours, our rivers are our life and we care for life—for our children, for our present, for our future and that of the world.” As it has done many times before, La Guajira spoke to the country and the world. They told the Congressmen that it’s not possible to prioritize the use of water for mining over human consumption. They warned that the country must transition to an energy production that doesn’t cause the damages that coal mining has to the climate, human rights, and the species and ecosystems that sustain us. The stream must return to its channel, the snails must drink again from its waters, and no tigrillo should die due to the intentional destruction of its natural habitat. In a 2017 ruling, the Constitutional Court demonstrated that uncertainties exist as to the environmental and social impacts of the Bruno Stream riverbed modification project. The Court ordered the creation of an Inter-Institutional working group to resolve the complaints of the affected people. Communities will continue to demand compliance with that ruling and demonstrate that the uncertainties are, in fact, certain damages that will continue to undermine their lives. AIDA, along with our partner organizations, will continue to accompany this struggle to demonstrate the harms of coal mining and promote clean alternatives that respect both people and the environment.
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