Costa Rican Bill on Maritime Zone Evictions Deemed Unconstitutional

In a very tricky case pitting environmental protection against human ecology issues, lawmakers had passed a bill that would have reduced the size of the Gandoca-Manzanillo National Wildlife Refuge in the Caribbean to help avoid Maritime Zone Law evictions. On Friday, a court ruled the bill unconstitutional. A previous bill, passed on September 6 placed a two-year moratorium on evictions, through November 30, 2014.

Bill 18,207 would have prevented the government-sanctioned eviction of several families living within the Maritime Zone on Costa Rica’s Southern Caribbean coast by reducing the size of the Gandoca-Manzanillo National Wildlife Refuge. But on Friday, the Constitutional Chamber of the Supreme Court, or Sala IV, struck it down as unconstitutional.

Lawmakers had approved the bill, which “acknowledged the rights of Southern Caribbean residents,” after the Comptroller General’s Office ordered the Municipality of Talamanca to determine how many people lived within the area’s protected shoreline. The office issued a deadline of Nov. 30 for the municipality to carry out evictions.

The Sala IV ruled the bill violates Article 50 of the Constitution, which outlines the right to a healthy environment, because a technical or scientific study was not performed to determine the consequences of changing the boundaries of the wildlife refuge. The bill now will be sent back to a Legislative Assembly commission, which will decide whether it should be modified or archived. A second bill that placed a two-year moratorium on evictions (through Nov. 30, 2014) was approved in the assembly on Sept. 6.

For original article, see http://www.ticotimes.net/Current-Edition/News-Briefs/Court-strikes-down-bill-aimed-at-stopping-Caribbean-Maritime-Zone-evictions_Friday-September-21-2012

Photo from http://travel.usatoday.com/deals/inside/story/2012-03-01/Top-five-off-peak-destinations-for-spring-2012/53307014/1

One thought on “Costa Rican Bill on Maritime Zone Evictions Deemed Unconstitutional

  1. We absolutely love your blog and find nearly all of your post’s to be exactly what I’m looking for. Do you offer guest writers to write content in your case? I wouldn’t mind publishing a post or elaborating on many of the subjects you write with regards to here. Again, awesome weblog

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s