APPEAL BY JUSTICIA PARA LA NATURALEZA

  An NGO down here in Costa Rica, Justicia para la Naturaleza, has been granted the ability to take the local representative of a banana company to court (on behalf of the state) to seek damages for unlawful conversion of some 700 hectares of primary rainforest near the Atlantic Coast and the Tortuguero National Park. The company is the local subsidiary of Geest, a company registered in the Bahamas, but essentially a British company. This is the same company that in 1994 enlisted the support of the rural guard (not one of the Figueres administration's better moments) to put down striking workers by force (i.e. with bullets).

  The Tropical Science Center has agreed to assist Justicia by presenting the technical case regarding the damages that could be levied as regards not just timber, but non-timber values. The problem is of course that is unlikely the TSC will get beyond the basics without some funds. Justicia is in a similar bind as they are broke. Clearly, they could use money to press the case forward. It would be the first case seeking environmental damages brought in Costa Rica and Central America. The goal is therefore to establish precedent, not necessarily to seek outrageous sum of money in damages.

  To get things started only a small amount of money would be needed - in the range of $ 5,000 to $ 10,000. Based on an initial survey and ranking of the damages, combined with pressing the case forward with the judge more detailed proposals could be developed to explore individual valuation questions and to carry the case forward to a decision.

  It has occured to me that Geest being essentially a British company that British (or other European) NGO's might be interested in assisting Justicia in this attempt to effectively sanction the company for its misdeeds, as well as establish this important legal precedent in the region.

  To this end I would appreciate receiving any relevant contacts (email would be great) or suggestions re funding. In particular, would anybody have a contact for our old friend Ckarles Secrett at FOE?


Bruce Alyward
Research Associate
International Institute for Environment and Development
c/o Tropical Science Center, Box 8-3870 San Jose 1000 Costa Rica
E-mail: creedcr@sol.racsa.co.cr


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