Justice for the swift colonies in Andalusia

Video in english

Vidéo en français

Video auf Deutsch

Background:

On April 11, 2022, we discovered that renovation works were taking place on the roof of a building located at Calle Ínsula de Barataria, 8, in the Alegría de la Huerta neighborhood of Malaga. These works involved the removal of the asbestos sheets protecting the air chambers, inside of which, common swifts (Apus apus) had their nests. It is important to highlight that the common swift is listed under the Special Protection Regime for Wild Species, and since 2021, it has been classified as a vulnerable species in the Red List of Birds of Spain.

SOS Vencejos became aware of the situation and immediately informed both the neighborhood community and the promoters of the renovation about the destruction of the swift colonies. It was understood that they might not have been aware of the existence of this important nesting site, but unfortunately, the attitude towards our volunteers was hostile. Meanwhile, the situation was reported to the competent authorities to halt the renovations, as we were in the midst of the breeding season and it was known that there was no authorization for this action. However, April 11 coincided with Holy Week (a holiday in Spain), and therefore, public administrations do not work on those days except for emergency services. While the renovation works continued for a few more days, and it even seemed that the promoters were increasing the pace of these works, the authorities did not intervene to stop the renovations.

Government Intervention:

Finally, on April 15, 2022, the Delegation in Malaga of the department with responsibilities in the environment intervened and issued a "Communication of agreement to initiate the sanctioning procedure," resulting in the provisional suspension of the works. It was determined that the responsible parties did not have the necessary exceptional authorization to carry out these works, thus violating the law on the Wildlife of Andalusia.

However, once the breeding season had ended and with the exceptional authorization, the works resumed in October 2022. On this occasion, all the air chambers behind the asbestos were sealed without providing the swifts with alternative nesting options for the following season, depriving them of a place to nest and rear their offspring.

Efforts made by SOS Vencejos:

SOS Vencejos, aware of the seriousness of the situation, took legal and administrative measures to protect the birds and ensure the proper enforcement of environmental law. In October 2022, a letter was submitted to the Environmental Delegation of the Andalusian Government in Malaga, requesting full compliance with Article 9 of the aforementioned Andalusian law, which requires the establishment of compensatory measures in cases like this:

“The prohibitions provided in this Chapter may be waived, subject to the express authorization of the competent authority in environmental matters, provided that there is no other satisfactory solution and the situation of the affected species is not endangered, establishing the appropriate compensatory measures...”

Despite the association's efforts and the complaints filed, the authorities did not respond to our requests, and in March 2023, the swifts returned from their migration to find their nests sealed. We then filed a complaint with the environmental prosecutor's office in Malaga. However, to date, we have not received any response.

Continuing our fight and being convinced of what the attitude of the Environmental Delegation should be in safeguarding the environment, in August 2023, we contracted with our limited funds the services of a law firm to file an appeal for reconsideration with the Environmental Delegation in Malaga. As has become customary in recent years, we also did not receive a response.

Current Situation:

Since the date of the initial complaint up to the present day, multiple buildings in the city where swifts nested have been renovated, and renovations continue with the authorization of the Environmental Delegation. However, the authorization issued does not include the requirement for developers to implement compensatory measures to mitigate the damage caused by these works to the swift populations in Malaga.

Furthermore, we have reported other unauthorized works, and despite this, the works have been completed without any sanctions or compensation. An example is the case of the Acacias Building at 15 Selles Street in the El Palo neighborhood, where pallid swifts (Apus pallidus) nested, and renovations took place in September 2022 (while the swifts were still in their nests).

Conclusion:

This case represents a blatant violation of environmental law and a direct attack on local biodiversity. It is essential that immediate action be taken to stop this destruction and ensure the protection of swift colonies in the city of Malaga. Moreover, it should set a precedent for Andalusia, as this legal condition is not applied in any of the provinces within the community.

Financial Needs:

As a small nonprofit organization, we face numerous expenses in various areas such as feeding orphaned chicks, installing nest boxes, veterinary costs, and environmental education. Despite our limited resources, we are determined to continue fighting for justice for the swifts and the protection of their habitat.

After exhausting the administrative route following the appeal we submitted in August, it's time to pursue legal action. We have once again hired lawyers to file an Administrative Court Appeal in court and request that the judge issue precautionary measures to halt the works until everything is clarified. This time, the costs are considerably higher than in the previous procedure.

As an association that self-funds and relies on the generosity of people like you, we have launched a fundraising campaign to continue our work. It's crucial to continue supporting our important efforts in protecting local biodiversity and advocating for the rights of these vulnerable birds.

Fundraising Goal: 1.670 €.

The cost of the Administrative Court Appeal and the request for precautionary measures amounts to 1,590 euros. Since this platform charges a 5% commission, we have set a goal of 1,670 euros to cover these fees.

Contributor Rewards:

• Contribution of €20 to €50: Public acknowledgment on our social media platforms.
• Contribution of €50 to €100: Certificate of appreciation and regular updates on the progress of the cause.
• Contribution of €100 or more: Special mention on our social media platforms and a gift of a mug when we reach our goal.

Make a contribution to our campaign. Share this campaign on your social media and with your friends and family. Join our association to stay informed about our progress and participate in future conservation initiatives.

Contact:

• Email: sosvencejos@gmail.com