The National Assembly of Citizens' Action Party with respect to the approval of the Constitutional Court to the declaration of public interest and national interest of the mining project "Crucitas" (Decree No. 34801.MINAET), and its effects.
WHEREAS
1. Article 50 of the Constitution of Costa Rica guarantees the right to enjoy a healthy and ecologically balanced environment and the duty of citizens to enforce that law and public institutions to guarantee it.
2. The Organic Statute of the Citizen Action Party includes in its Article 6, 14 and 15, the environmental protection and human rights and the promotion of development compatible with environmental protection in both concur with the Convention on Biological Diversity .
3. That Costa Rica has committed to sustainable development based on environmental protection and not a model extractor, has not been a country of tradition mining and that history has taught us that the few metal mining developments, not only have not benefited the country or the communities where they are located, unless the contrary has left a sad picture of destruction, with ample evidence that it is not an activity compatible with the environment.
4. The change in the project, processed in record time, between 2007 and 2008, doubling the project in terms of volume of extraction requires a new environmental impact study, it represents a significant change in the project, and this coupled with was processed while the moratorium mining.
5. The grant Project 2594 was previously annulled by the same Chamber IV, therefore could not re-grant under the same procedure and record.
6. That when considering a cross-border project for possible impacts on water bodies such as the San Juan River, it should be possible joint action with the government of Nicaragua, to assess such impacts, as required by Article 90 of the Regulation on Environmental Impact Studies (2004). His absence would leave us exposed to potential claims by Nicaragua for environmental damage.
7. The impacts of open pit metal mining have been studied carefully and there is a worldwide trend to reject such practices.
8. The area where the project is located is of high environmental fragility and high rate of rainfall, which incorporates additional risks even with the use of technology.
9. The obsolescence of our mining legislation and environmental law brief.
10. The limited capacity for monitoring and control, as evidenced not only in the case of the Bellavista Mine in Miramar, risks warned by academics and environmental movement, if not recognized by the same executive decree granting (217-2008-MINAE) which reads :
"Industrias Infinito SA, assist the Government of Costa Rica, in training civil servants of the units must exercise control of such business, technical and technological aspects, so that these officials have suitable criteria for the implementation of the control activity. "
11. To date, no instrument has been known to show a positive relationship between social and environmental costs and economic benefits of development that declare the project of public interest and national interest.
12. Climate change puts humanity a choice about continuing to deepen its impacts and generating more conditions of vulnerability and sustainability of the human species, which compels us to seek a balance between human activities and nature conservation.
13. The fact that the Constitutional Court endorses the constitutionality of the decree of public interest and national interest, does not mean that there are serious inconsistencies in legal, procedural and technical look elsewhere. AGREES
1. Notice to the Government of the Republic for the repeal of Decree 34801-MINAE declaring the public interest and national convenience Crucitas mining project.
2. Sue the government of Costa Rica and its institutions that override all permissions granted to grantees Crucitas mining project for being null and void and reinstate the moratorium on mining.
3. Require the government of Costa Rica to be consistent with the model of sustainable development as a nation we have been preaching for many years
4. To call the Costa Rican society in environmental protection and construction of the Costa Rica we want, more just, equitable and sustainable.
5. Ask the Legislature Quick Step reform the Mining Code to prohibit permanently the open-pit metal mining in our country.
6. Support legal and political processes of citizens and social organizations designed to halt the execution of this project.
7. To join the demonstrations will be held for that purpose in the future, starting with the April 22, Earth Day.
8. Join the global movement for sustainability of the planet
9. Published in different media and give further publicity to this agreement.
SIGN AGREEMENT.
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