Cutris DISTRICT, CANTON DE SAN CARLOS.
For exploration and mining of the Crucitas has been on the national scene since 1993, when the June 7 of that year the MIRENEM in resolution R-185-93 (File No. 7339) approving the mining exploration permit for the company Abangares Winds SA Crucitas Cutris of San Carlos, after that, the company appears Placer Dome de Costa Rica SA, a Canadian company, which seeks an extension of exploration for two years. On November 5, 1996, in Resolution No. 4085, agreed to a term of exploration permit for two years, which is then revoked March 13, 1997, in Resolution 174-97 SETENA, paralyzing exploration work since the company had not complied with the commitments stipulated in the Environmental Impact Study.
On December 17, 2001, SETENA approved the application for exploitation of the Crucitas mine to another company, and is presented to SETENA, the EIA as a requirement for entry into operation of the mine. However, by Executive Order DE-30477-MINAE of June 5, 2002, published in the Gazette of June 12, 2002, the administration set Pacheco de la Espriella indefinite moratorium on open pit mining.
In Executive Order R-217-2008-MINAE, published in Official Gazette No. 96 of May 20, 2008, both the President of the Republic Oscar Arias Sanchez and the Environment Minister Roberto Dobles Mora, know the recommendation for granting mining concession to mine gold mining project Crucitas, File 2554 and repealing the decree an indefinite moratorium on mining activities open.
The President of the Republic and the Minister of Environment, Executive Decree 34801-MINAET, published in the Gazette No. 201 of October 17, 2008, permit the commencement of work at the Mina Cutris the Crucitas in San Carlos.
La Sala IV in Resolution No. 6922 at 14.35 am on April 16, 2010 approved the operation. WHEREAS
:
1. The Constitution of Costa Rica, Article 50 states that: Everyone has the right to a healthy and ecologically balanced environment. Therefore it is entitled to denounce any acts that violate that right and to claim compensation for damages. The State shall guarantee, defend and preserve that right.
2. The Constitution in its Article 7 states that: Public treaties, international conventions and pacts, duly approved by the Legislature, have since their enactment or from the day that they designate a higher authority than laws.
3. Costa Rica has ratified Endangered Species of Flora and Fauna (CITES), Convention on Biological Diversity, the Convention for the Protection of Flora, Fauna and the scenic beauty of the Countries of America, and the Convention on the Protection of Heritage World Cultural and Natural Heritage.
4. The Convention on the Protection of World Cultural and Natural Heritage (Law No. 5980 of October 26, 1976), which in Article 4 establishes the State's obligation to Costa Rica to identify, protect, conserve, rehabilitate and transmit to future generations the cultural and natural heritage situated on our territory ... "
5. The Convention for the Protection of Flora, Fauna and Natural Scenic American Countries (Law No. 3763 of October 19, 1976), which reads:
"Article 5: 1 - The Contracting Governments agree to take or recommend to their respective legislative bodies concerned, the adoption of laws and regulations that ensure the protection and conservation of flora and fauna within their respective territories of national parks and reserves, nature monuments and reservations of wilderness ... 2 - The Contracting Governments agree to take or recommend to their respective legislatures to adopt laws to ensure protection or conservation of landscapes ... "
6. The Rio de Janeiro Declaration on Environment and Development, Doc A/CONF.151/26; 31I.LM874 of June 13, 1992, states: In order to protect the environment, States shall widely apply the precautionary approach as to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent the costs of environmental degradation.
7. That the Third Penal Chamber has recognized the principle of Irreducibility Forest (Resolution 2003-0396).
8. That the principle 4 of the Stockholm Declaration states:
"Man has a special responsibility to safeguard and wisely manage the heritage of flora and fauna and their habitat, which is currently threatened by a combination of adverse factors ..."
9. That the Environmental Law, Law 7554 of October 4, 1995, Article 2, stipulates that:
a) The environment is the common heritage of all the inhabitants of the Nation, except as required by the Constitution Politics, international conventions and laws. The state and individuals must participate in their conservation and sustainable, which are of public utility and social interest.
b) Everyone has the right to enjoy a healthy and ecologically sustainable to grow, and the duty to preserve, under Article 50 of our Constitution.
c) The State shall ensure the rational use of environmental elements in order to protect and improve the quality of life of the inhabitants of the country. It is also required to promote economic development and environmentally sustainable development, understood as development that meets basic human needs without compromising the options of future generations.
d) Who contaminate the environment or cause him harm, shall, as provided for by the laws of the Republic and international agreements.
e) The damage to the environment is a social crime, it affects the foundations of the existence of society, economically, because it undermines the materials and resources required for productive activities, cultural, while threatening way of life of communities, and ethical, because it threatens the very existence of present and future generations.
10. The Biodiversity Act, Act 7788 of April 30, 1998, Article 11 paragraph 2 states the precautionary approach or in dubio pro natura: When there is a danger or threat of serious or imminent harm to the elements of biodiversity and associated knowledge to these, the absence of scientific certainty should not be used as a reason for postponing cost-effective protection measures.
11. That in our legal system there is a public interest legal level established including environmental, to be noted in paragraph 11 of the Biodiversity Act as follows:
"Article 11 .- Criteria for applying this law: The criteria for applying this law: .......... 3 .- Criterion of environmental public interest: The use of elements of biodiversity should ensure the development options of future generations, food security, conservation of ecosystems, protection of human health and improving quality of life of citizens.
For its part, the Law of Conservation of Wildlife, said in the question:
"Article 3 .- The public domain states wildlife is a renewable natural resource, which is part of the national heritage. Also, public interest is declared wild flora, conservation, research and development of genetic resources, species, races and wild botanical and zoological varieties, which are gene pools and like all wild species which have entered the country who have undergone genetic modifications in their adaptation to different ecosystems. "
12. The Mining Code, Law 6797 of April 26, 1982, Article 98 provides: Prohibits any act, practice or transaction which impair the natural environment so as to make useless the basic elements, especially water and soil for their intended uses.
SO THE COLLEGE OF COSTA RICA BIOLOGISTS RECOMMENDS:
1. That according to our country are fragile ecosystems and biodiversity in high risk populations should be protected yellow almond, Dipteryx panamensis, and the macaw, Ara ambigua, and the close relationship between the two species (Constitutional Chamber, Vote 2486 to 2002) and all other species present in the places to be changed with the implementation of this project, as endemic species, unique and fragile ecosystems, endangered species, among others. Likewise, the Constitutional Chamber established Vote 13426-2008 continue prohibiting any procedure tending to use, exploitation or extraction of the almond tree and yellow as the green macaw are on the list of threatened or endangered.
2. That the Assembly Legislature must tackle the amendment of the Mining Code in its entirety, including the procedure for Environmental Impact Assessment established therein, as they show serious contradictions in relation to the studies or environmental impact reports, permits for exploration and concessions in the metal and nonmetal mining.
3. The President and the Minister of Environment immediately repeal Executive Order 34801-MINAET who declared of national interest and public interest in the Crucitas mining project, which allows clear-cutting of forests and other ecosystems reduction, it is failing to comply with principles, declarations, international conventions, as well as in the national legislation on environmental matters. Situation that we are exposed to penalties for violations of international commitments, being able to be considered an apology to ecocide.
4. A Constitutional Court to reject the draft Crucitas in all respects despite having ruled in favor of the project in Resolution No. 6922 at 14.35 am on April 16, 2010.
Saturday May 8, 2010.
Jesus Javier Ruiz
Víquez
President
* College of Biologists of Costa Rica
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