Chinchilla has talked about prohibition of new permits, but no one mentioned the already existing ones, asserts an international jurist. The States are not absolutely free to carry out or to allow activities in its territories, especially when such activities can affect or incur negatively on the territory of third States.

Source: El Nuevo Diario

Managua – April 23, 2010. Laura Chinchilla, President of Costa Rica, has announced that one of the priorities of her administration will be to reform the environmental legislation in order to prevent that new permits are granted to mining exploration. Nevertheless, on her visit to Nicaragua she has not specified if this will include the permit granted to Industria Infinito, for open air mining exploration in Crucitas.

The International Jurist Mauricio Herdocia, referred to the verdict issued by the  Sala IV Constitucional de Costa Rica, on April 16, which declares without lieu the support appeal interposed by Edgardo Araya from Unión Norte, against the declarative of public interest and national convenience of the open air mining project in Cutris de San Carlos, province of Alajuela, five kilometers from the shore of the San Juan river.

Herdocia said that the States are not absolutely free to carry out or to allow activities in its territories, especially when such activities may affect or incur negatively on the territory of third States.

"This is what happens when you authorize open mining in a territory near another country, and in this case, the grant of Crucitas, five kilometers from Nicaragua, with no doubt will have a negative effect for the environment and the waters of San Juan river, implying in contamination risks, inherent  to this type of grants” affirmed the international jurist.

Countries should have been consulted

Furthermore, he has said that it is important that the Government of Nicaragua and the environmental organizations of both countries be very attentive to this type of situation. Herdocia affirmed that this subject should be focused from the political point of view and international rights.

The jurist has recommended that, as a country, it must be required that the norms of prevention and precaution be fulfilled in order to guarantee the integrity of its territory and environmental protection.

Furthermore, he said that Nicaragua should had been consulted about the open air mining, as well as in the study of the environmental impact, so that the country could voice its recommendations and conclusions about this issue.

"However, these actions will be carried out without prevention and precaution measures. There was neither consultation nor cooperation, much less coordination between the countries, which could be negative", said Herdocia.

Issued was approached

Nevertheless, from the declaration given by president Laura Chichilla in her visit to Nicaragua, it can be seen that the issue was approached in the meeting she had with president Daniel Ortega.

"It is surmised that in this meeting the issue was approached and that a solution would be searched to prevent the contamination from open air mining in Crucitas, and this is a very positive aspect", he considered.

Double discourse

Angélica Alfaro, Oficial de Incidencia for the issue of mining at Centro Humboldt, regrets the double discourse taking place regarding the subject Crucitas, since, on one hand the magistrates of the Sala IV proclaim peace with nature, on the other hand, it is allowed for the execution of an activity which implies in the degrading of the ecosystems and affection in the health of the population.

Amaru Ruiz from the foundation "Los Hijos del Río", categorically opposed the verdict, as it attempts against the health of the population at the San Juan river, and the quality of the waters of such river, so important to our country.