DEFENDING THE DEFENDERS: HOW HUMAN RIGHTS AND SEA TURTLE CONSERVATION JUSTIFY A NEW NATIONAL PARK ON COSTA RICA S CARIBBEAN COAST Thomas T. Ankersen, Profesor y Director del programa Jaclyn Lopez, Attorney with Center for Biological Diversity and LL.M Cand., University of Florida Levin College of Law Aileen Orozco, Cand. Lic., Facultad de Derecho, Universidad de Costa Rica Elizabeth Turner, J.D. Cand., University of Florida Levin College of Law
BACKGROUND: JAIRO MORA SANDOVAL
BACKGROUND: REACTIONS
BACKGROUND: NESTING SEA TURTLE BEACHES ALONG THE CARIBBEAN COAST OF COAST RICA
LAND TENURE: GEOPOLITICAL CONTEXT
NATIONAL ANALYSIS
NATIONAL AUTHORITY FOR THE PROTECTION OF SEA TURTLE NESTING BEACHES Ley de Parques Nacionales, 6084 (1977) Ley de Biodiversidad, 7788 (1998) Ley Organica del Ambiente, 7554 (1995) Reglamentos que Establecen Criterios de Creacion de Areas Protegidas por el Poder Ejecutivo, Decreto 334433 MINAE Ley de Conservacion de la Vida Silvestre, 7317 (1992/2012) Ley de Proteccion, Conservacion y Recuperacion de Tortugas Marina, 8325 (2002)
NATIONAL AUTHORITY FOR THE PROTECTION OF SEA TURTLE NESTING BEACHES a) study of the area; b) defined objectives; c) feasibility study; d) minimum financing; e) creation of plans; and f) issuance of the law or decree Photo credit: Scott R. Benson, NMFS Southwest Fisheries Science Center
INTERNATIONAL AND COMPARATIVE ANALYSIS Costa Rica s International Obligations for Sea Turtle Protection Comparative Analysis US Approach to National Parks
LEGAL HIERARCHY Constitucion Tratados o Convenios Internacionales Ley o Actos con Valor de Ley Decretos Reglamentos del Poder Ejecutivo y Estatutos Institucionales Normas Sujetas a los anteriores Reglamentos
INTERNATIONAL OBLIGATIONS IAC CMS CITES Ramsar Convention CCBD Rio Declaration
INTER-AMERICAN CONVENTION FOR THE PROTECTION AND CONSERVATION OF SEA TURTLES (IAC) Article IV: appropriate and necessary measures for the protection, conservation and recovery of sea turtle populations and their habitats Specific mention of creation of protected areas Article IX: monitoring requirement Article X: compliance requirement Article XI: annual report
CONVENTION OF THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS (CMS) Range State Conserve and restore habitat Prevent and remove obstacles Prevent or reduce factors that further endanger species 2011 CMS Report decreased poaching? CMS Funding
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FLORA AND FAUNA (CITES) Photo credit: Mark Sullivan, NOAA affiliate Concerned with trade of listed endangered species Article VIII: requires Parties to take appropriate measures to enforce the provisions of the Convention and to prohibit trade in specimens in violation thereof
CONVENTION ON WETLANDS OF INTERNATIONAL IMPORTANCE ESPECIALLY AS WATERFOWL HABITAT (RAMSAR) Article 2: select wetlands of international significance to include on the List Article 4: Parties shall promote the conservation of wetlands by establishing nature preserves on wetlands, whether they are included in the List or not, and provide adequately for their wardening
CENTRAL AMERICAN CONVENTION ON BIODIVERSITY (CCBD) Article 17: identify, select, create, manage and strengthen through responsible institutions, national parks, natural and cultural monuments, wildlife refuges, or other protected areas as tools to ensure the conservation of representative habitats of Central America Article 25: incorporates other treaties
RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT (RIO DECLARATION) Principle 7: states shall cooperate in a spirit of global partnership to conserve, protect, and restore the health and integrity of the Earth s ecosystem
U.S. NPS Yellowstone NP world s 1 st park (1 March 1872) Manages over 84 million acres on 401 sites (including 59 national parks) Process DOI Rec Study Congress Law
DEVELOPMENT OF THE NOTION OF ENVIRONMENTAL DEFENDERS AS HUMAN RIGHTS DEFENDERS
CONCEPT OF HUMAN RIGHTS DEFENDERS AS APPLIED TO ENVIRONMENTAL DEFENDERS 1998 UN Declaration on Human Rights Defenders A characterization of human rights defenders Environmental defenders: progressive interpretations and protection Photo credit: Mark Sullivan, NOAA affiliate
STATUS OF ENVIRONMENTAL DEFENDERS WORLDWIDE Increase in threats and extractive activities Forms of violations to human rights Situation in the Americas
AVAILABLE INTERNATIONAL MECHANISMS Communications with Special Rapporteur for the Situation of Human Rights Defenders: Urgent Appeals Inter-American Commission of Human Rights: Official Requests of Information Press Releases urging to action Open Audiences Precautionary Measurements
STATUS OF HUMAN DEFENDERS IN COSTA RICA: PATTERN OF HUMAN RIGHTS VIOLATIONS AND OFFICIAL RESPONSE (LACK OF IT)
THREATS AND CLIMATE OF FEAR Threats and violations are an increasing phenomenon and might be part of a nonarticulated nor explicit strategy Declarations from Mauricio Álvarez, Alianza Redes Ambientalistas, to Semanario UCR, 2013. AECO Case Kimberlly Blackwell Menéndez Bermúdez Corcovado Park Rangers
IMPUNITY AND AGGRAVATING ACTIONS Gaps in the law and poor enforcement Public Statement by authorities discrediting environmental work Photo credit: Mark Sullivan, NOAA affiliate
RISKS ASSOCIATED WITH SEA TURTLE NESTING PROTECTION AND HUMAN RIGHTS BASIS FOR ENHANCED PROTECTION OF SEA TURTLE NESTING BEACHES
INCREASE IN ILLEGAL ACTIVITIES IN NESTING BEACHES Geographical shifts in the area of Cahuita, at the Caribbean Region of Costa Rica, which used to be an important nesting beach, made the turtles move further north to Moín, in order to lay their eggs. In association with that phenomenon, police from Moín have stated that a new form of trade of turtle eggs for drugs has increased the presence of poachers and drug dealers at the beach in the last years.
POOR ENFORCEMENT OF INTERNATIONAL AND NATIONAL LAWS REGARDING SEA TURTLES Even though the Law of Protection, Preservation and Recovery of Marine Turtle Populations establishes prison and other measures to stop turtle poaching The lack of human and economic resources at police stations in nesting beaches is a major obstacle to provide an efficient response to denounces and leading to criminal prosecution
THE HUMAN RIGHTS BENEFITS OF PROTECTED BEACHES Ley Orgánica del Ambiente: to promote scientific research, the study of ecosystems and their balance Ley del Servicio de Parques Nacionales, Art. 9: enables its staff to perform immediate actions within the park as regular police officers
SUMMARY & RECOMMENDATIONS Designate a new national park or wildlife refuge through executive decree or legislation. Extend Tortuguero National Park from its current southern terminus at Jalova, to the limits of the Area de Conservacion de Tortuguero at Parismina. Establish a new protected area from the Northern boundary of the Area de Conservation Amistad y Caribe (ACLAC) to a point north of the community of Moín. Extend Barro del Colorado and Archie Carr national wildlife refuge limits to the 12 mile maritime boundary to protect inter-nesting and migratory habitat. Elevate Cariari National Wetlands to Ramsar status. Establish a coordinated protocol with the Ministry of Security, Coastguards and Incopesca to increase security in nesting beaches and enforce sea turtle conservation laws File a petition to the Ombudsman on behalf of affected environmental defenders, through the legal representatives of interested NGO s.
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