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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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Although women lead struggles for the conservation of nature around the world, they are often excluded from decisions about the use of land, water and other natural resources. They’re disproportionately affected when inadequately implemented projects pollute air and water, or cause forced displacements and other damages. And they’re often more seriously impacted by climate change. In all of these cases, women—particularly indigenous women—are highly vulnerable to losing their way of life, their income, and their homes. At AIDA, we incorporate a gender perspective into our defense of the environment and human rights, recognizing that combating inequalities and differentiated harms is fundamental to achieving environmental justice in Latin America. “The gender approach allows us to defend the rights of women in an integral way, understanding that the risks and harms, as well as the policies needed to confront them, are different for men and women,” explained Senior Attorney Liliana Ávila. “Making this visible helps break through discrimination scenarios and effectively guarantee the right to equality.” Uplifting women’s voices Working with a gender focus, Liliana explained, has been a fascinating professional experience that has allowed her to understand how environmental damage affects men and women differently. She has listened to women explain how they view their territory, and what happens to it, distinctly from the men in their communities. In Northwest Guatemala, in the micro-region of Ixquisis, the construction of the Pojom II and San Andrés dams has damaged water sources. It has spread diseases and harmed fishing and agriculture, subsistence activities for local communities, largely made up of indigenous Mayan women. “It’s necessary to promote methodologies and spaces that make women’s voices heard, that enable and strengthen their participation, that demonstrate the differentiated harms they face, and that promote change to guarantee their rights,” Liliana said. AIDA legally supports the resistance of the women of Ixquisis to the dam projects, both in national courts and before the Inter-American Development Bank, which finances the projects despite obvious conflict with its operating policies. Our work in Guatemala is possible thanks to the Global Alliance for Green and Gender Action (GAGGA), which supports collaboration between movements and grassroots organizations to strengthen their role in the defense and promotion of women's rights and environmental justice. Since 2016, GAGGA has provided funds to women's movements and environmental organizations at the national, regional and global levels in more than 30 countries across Latin America, Africa, Asia and Europe. Women’s role in environmental defense By working hand in hand with communities across Latin America, AIDA attorneys have a close knowledge of the fundamental role that women play in protecting the environment and building equitable societies. “In Nayarit, Mexico indigenous women are playing a key role in defense of their land, water and the San Pedro Mezquital River,” said Camilo Thompson, AIDA attorney in Mexico. “And in the Gulf of California, women are leading efforts toward proper fisheries management.” Claudia Velarde, an AIDA attorney in Bolivia, says that her country has recognized that peasant women produce more food, so their experiences, visions, and knowledge must be incorporated into public food policies. “Personally, it has been very enriching for me to work both with and from the perspective of women,” she explained. “I’ve have had the opportunity to meet incredible women fighting to defend their territories from extractive activities like fracking. It’s helped me understand that the impacts of a single activity are experienced quite differently according to socially assigned gender roles.”
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Once again, tragedy looms over Brazil. Last Friday, for the second time in less than four years, a tailings dam broke in the State of Minas Gerais—this time in the municipality of Brumadinho—leaving catastrophic human and environmental damage in its wake. Once again, the losses are incalculable. We’re faced with disappearances and death. We see the same, disconcerting images: survivors evacuated by helicopter; trees, animals, and homes covered in toxic sludge; a swollen river carrying mining waste downstream. Once again, nature and society have been damaged, torn apart. As if in an endless loop, the tragedy has repeated in Minas Gerais. Five similar incidents, at least of which there is evidence, occurred in 1986, 2001, 2007, 2014, and 2015. The tragedy in November 2015 in the city of Mariana is considered the worst environmental disaster in the history of Brazil. It destroyed the town of Bento Rodrigues and contaminated the Doce River basin, carrying toxic sludge all the way to the Atlantic Ocean. A tragic cycle Far from isolated events, the failures of mine tailings dams have become a common occurrence, and statistics suggest we can expect many more in the future. Like any infrastructure work, a dam has a certain useful life—a period of operation with a firm beginning and end. That period is based on the dam having adequate design, execution, and maintenance, something that often does not occur. Thanks to the World Information Service on Energy’s Uranium Project, we know that over the last 30 years there have been 73 accidents or incidents involving mine tailings dams worldwide. The United States (17), China (8) and the Philippines (7) lead the list of affected countries. The project’s database offers an account of the main accidents and indicators including breakdowns, overshoots, collapses, partial failures, and lining ruptures. These figures should lead us to reflect on large-scale mining, particularly metal mining, which requires these types of dams and impoundments. Instead of continuing to build mines, wouldn’t it be better to concentrate our efforts on recovering and reusing the metal we discard? When will we transition to a circular economy that avoids such catastrophes? How many more disasters can our ecosystems and our human populations endure? Quite often, affected communities do not have objective or sufficient information about the benefits and harms of the mining projects proposed near their homes. Breaking that information gap is urgent. At AIDA we contribute to this task by providing useful information about the potential harms of mining, and using it to strengthen legal actions undertaken to protect people and the environment. It’s urgent that the governmental, non-governmental and private sectors do whatever is necessary to avoid more tragedies like those we’ve seen in Brazil. They must make a conscious decision to put the value of people and nature above profit. For more information, consult the database of major tailings dam failures: http://www.wise-uranium.org/mdaf.html 73 tailings dams have failed over the last 30 years, wreaking havoc on the environment and affected communities: https://t.co/G6xZibNIAk How many more avoidable disasters can we endure? #MinasGerais #BrumadinhoSOS #ValeAssassina #mining pic.twitter.com/ceuNTUUpkL — AIDA Americas (@AIDAorg) January 28, 2019
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