Nature Air

The Comptroller General of Costa Rica has submitted a report to the Special Standing Committee on the Environment which fires an explosive broadside into the government plan to downgrade Las Baulas National Park to a wildlife refuge, thereby threatening the existence of the critically endangered Leatherback sea turtle.

According to Article 183 of the Constitution, “The Office of the Comptroller General of the Republic is an auxiliary institution of the Legislative Assembly in its surveillance of the Public Finances; but it has full functional and administrative independence in the performance of its duties.”

Simply stated, this is an extraordinary development in the effort to maintain the status of this national park and the Leatherback. In addition, it makes a powerful case for protecting all of Costa Rica’s parks. This is the first time a high-ranking official within the government has spoken against this pending legislation.

This story was first reported in El Diaro and written by Betania Artavia. An unofficial translation and invaluable commentary has been provided by Stephen Duplantier, the designer and contributor of the soon to be published ezine, Voice of the Leatherbacks.

The single most important line to be culled from this piece is that according to the Comptroller General there is “no technical justification to change the park’s status.”

The Comptroller General’s report stated, “The proposed measure lacks an adequate and proper technical justification, which seems to be enough to question its conformity with the law, since [the proposed measures] are involved in a comprehensively-protected area that ensures that all people have the use of its ecosystems. Without the existing safeguards, these ecosystems may be immediately threatened by the negative impacts the proposed measures can have on our growth and involvement as human beings in our global environment.”

The Comptroller General’s finding that the Constitutional Court on repeated occasions has been clear in stating that the lack of financial resources or technical personnel are not excuses for the inaction of public bodies in obeying the law. The cost of the expropriation of the lands held in private hands was one of the reasons given by the Executive Branch for the necessity of changing the park’s status. Neither the Court, nor now the Comptroller, agrees with this.

The report continues, “any precautionary measures in constitutional principles such as In dubio pro natura [“In case of a doubt, defer to nature”] would apply to the guarantee that since 1991 has tried to ensure compliance within the framework laid down in Articles 50 and 89 of the Constitution.” The principle declares that unacceptable environmental and health risks should be anticipated, and should be prevented before any damage becomes irreversible even if there is incomplete scientific understanding of the risks or dangers involved.

In 1993, Tamarindo was declared a Ramsar site– a designation of global importance, notes the Comptroller. A Ramsar site designation is intended to preserve wetlands to stop the encroachment of human destruction and subsequent loss of wetland. Wetlands have fundamentally crucial ecological functions in addition to their economic, cultural, scientific, and recreational value. Costa Rica was a signatory (along with 158 other nations) to this convention in 1971.

In addition to the Leatherback turtle subspecies that nest in this area, the marine zone of the park is the habitat of several species of threatened flora and fauna plus endangered ecosystems such as mangrove swamps.

According to the Comptroller, Costa Rica has signed several international conventions that require it to protect the Las Baulas Marine Park. These treaties include the International Sea Turtle Convention, the Convention on Biological Diversity Biological and its additions, the Convention for the Protection of Flora, Fauna and Natural Scenic Beauty of the Americas, signed by Costa Rica on 24 October 1940.

Costa Rica also signed the Convention for the Protection of Cultural and Natural Heritage Convention. This agreement signed in 1992 calls for the conservation of biodiversity and wilderness protection priorities in Central America. Costa Rica signed the Rio Declaration on Environment and Development. 

The Rio Declaration consists of 27 principles intended to guide future sustainable development around the world. Principle number 10 of the Rio Declaration calls for public participation by all concerned citizens in the handling of environmental issues. People should have appropriate access to environmental information held by public officials, and they should have the opportunity to participate in the decision-making processes.

The Comptroller General concludes that any legislative provisions that are under the status of the Political Constitution and also under the international conventions signed and ratified by Costa Rica must revert to respectfully treating the real and effective protection of the area that now constitutes the park.