ADELA campaign update 
july 2001

Constitutional Court (Sala IV)

We were recently notified that a "coadyuvancia"  (similar to a third party filing and amicus brief) we filed on behalf of the Caribbean Conservation Corps last year  as part of our first Constitutional Challenge alleging violations of citizen's rights to participate in the decision making process and the transparency of bidding process, triggered the Court to open a new case on our behalf.  As you remember the first Constitutional Challenge was initially successful in annulling all the concessions, then the Court modified the decision to only annul blocks in indigenous territories until a consultation procedure pursuant to ILO Covenant 169 was carried out.  For this reason, we are presently facing only the threat of offshore activities at this time.  The Court stated that since the arguments raised in the CCC brief went beyond the arguments in the initial filings, they merited being heard separately and opened a new case file!  

Thus, we now have two cases pending before the Supreme Constitutional Court arguing mostly violations of international environmental agreements CR has ratified.  Although the challenges are against the federal government, Harken Energy recently filed a motion to dismiss these cases, alleging that they have complied with all the administrative requirements of the environmental review  agency, SETENA.  We are not worried about the Court dismissing our challenges. We will be working to improve these cases and hope to offer more evidence soon.  The legal team is composed of members of ELAW CR.
 
 

Secretaria Técnica Nacional, SETENA (environmental review board)

Back in March, 2001, Harken submitted their Addendum to the EIS as requested by SETENA in response to the many criticisms we filed with the technical assistance of many of you.  This Addendum was also amply criticized by ADELA collaborators.  The regional office of IUCN assisted by IFAW also made a very important contribution by funding independent experts based in Tabasco, MX to dissect the companies' submissions to SETENA and assess whether they adequately respond to the country's concerns for environmental safety.  The report has arrived today and it is very complete, detailed and strong in its criticisms of the proposed terms of offshore platform and first well drilling.  It recommends that SETENA not accept the plan as presented and they identify numerous technical limitations and lack of adequate information overall to make an intelligent decision.

ELAWUS has also assisted us in understanding the implications of the proposed project and limitations in the companies' EIS and potential public health threats.
The SETENA has also outlined the legal framework for holding public hearings regarding the proposed oil drilling.  Although there has been no date set, we will have 30 days notice to prepare for the hearings once the agency makes its next move.
 
 

Human Rights Ombudsman (Defensoria de los Habitantes):

In February 2001, the Ombudsman's office published their report on the issues presented to them by ADELA members and made their recommendations to the government authorities.  To the Ministryof Environment they request that: the local communities and Municipalities be invited to participate in the decision making process;  that a baseline environmental study be carried out for consideration by SETENA to include the actual state and economic significance of the sea turtles and other endangered species, the coral reefs at Cahuita National Park,  the species at risk inside the Gandoca Manzanillo Wildlife Refuge;  to assure constant control and verification of any activities if approved;  if additional activities are subsequently to be approved, submit for reconsideration to the communities;  assure proper emergency and contingency plans are in place; and finally to strengthen the administrative and financial capacity of SETENA in order to adequately carry out their mandate.  To the Municipalities of  Talamanca and Limon , they recommend that they promote the flow  of all technical information to the communities to assure citizen participation; 

The SETENA recently responded to the Defensoria stating that they will fully comply with their recommendations.
 
 

Municipalities

After the first Municpal hearings in Talamanca, the Municipality of Talamanca in December, 1999, declared the region oil free.  Since the Defensoria published their report, another extraordinary session was held last March in the Municipality of Talamanca to assure that there would be full flow of information and that the Municipality would become active in asserting the local communities position of no oil development in Talamanca.

In Limon there has been much contention.  The oil companies have offices and representatives there trying to establish a relationship with the Municipality of Limon,. They have submitted some copies or resumes of their plans and have held formal and informal discussions with various Municipal board members.  There has been much speculation about the economic benefits for Limon of new oil development; rumors of thousands of jobs and millions of colones of profit sharing abound. However, hearings were held this week, July 3rd for the oil companies to present their project and July 4th for ADELA to present their opposition.  The board members of Municpailty of Limon and the public at large attended with great interest and these economic rumors, and environmental impacts were clarified.  There will be further activities with the Munipalities.
 
 

Civil Society Advocacy

ADELA has been active on many fronts.  We participated in the May Day international workers day parade in Limon with the largest contingency.   There have been radio shows with much call-in response both in Limon and San Jose.  Articles have  also been published in the written press.  There have been music festivals and street stands in Talamancan community events.  Brochures, t-shirts, hats, bumper stickers and banners are sought after.  Easter week we distributed much information to incredulous Costa Rican tourists from the San Jose area. Our Easter campaign was made possible due to the timely support received from Global Greengrants.  Video showings of the IBIS produced video Pura Vida are being organized on numerous occasions.  Our web page has been visited more regularly, (ongoing process of updating...). 

Also coming up this month we have an important hearing before the FETRAL, the Limon Labor Federation, which includes the organized labor of all key sectors in the Limon province and one of the most instrumental forums for organized civil society in the province. 

We have worked jointly with ELAW CR and Oilwatch CR to sponsor empowerment workshops in various communities and in different key sectors, such as the fishermen in Limon.  These workshops have been instrumental in educating civil society about the proposed oil development and what their rights are and how to exercise these rights.  They have been the catalyst for and resulted in specific ADELA actions at all levels.

Beginning this month we are once again very grateful to have received financial support from IFAW to hire two consultants locally for the campaign.  Rodrigo Alberto Carazo, who as many of you know was the first Human Rights Ombudsman in CR,  is a well known attorney, economist and international relations professional and will be working for the next six months to promote the campaign as a high level lobbyist.  Enrique Joseph , a long time resident and small-scale tourism businessman in Cahuita, Afro-Costa Rican leader, and active promoter of civil society involvement in sustainable uses and management of natural resources, has also been hired to serve as the liaison for ADELA Talamanca and ADELA Limon before Limon en Lucha and FETRAL and with our Executive Committee.  
 
 

International Solidarity

We have received more and more contacts and the campaign has appeared on more and more web pages.  

In April of this year, Global Response selected us as their monthly campaign and this has resulted in numerous letters written to the president of the Republic and to Harken's CEO. Project Underground has also written about us in their newsletters as well as many animal advocacy groups concerned with the threatened sea turtles and cetaceans. Caribbean Conservation Corps has had the campaign on their web page and ENN picked up on the international turtles conference scientific declaration.  There have been numerous other communiqués and we thank everyone for their actions and ask that you let us know about them.

We are particularly excited about Natural Resources Defense Council having designated us as one of their BIOGEMS.  We hope that this important and well regarded forum will contribute greatly to strengthen our campaign to not only save the precious coast off Talamanca, but to declare Costa Rica free from all oil development activities.  Please visit the site at www.savebiogems.org and distribute it widely.  NRDC has also contributed with a small grant to enable ADELA to improve coordination and communication within and outside of Costa Rica. 

For those of you in the US wishing to make a tax deductible donation directly our the campaign, NRDC international program is assisting ADELA.  Please contact  the international liason, eyozell@racsa.co.cr

Hope this update inspires you to join us in our further efforts over the next crucial months which will be key to strengthen and broaden our support nationally and internationally.