Forests submission of CEADA
Action Alert
15 July, 2002
CEADA, on behalf of NGOs of Southern Chile, presented
a submission to the Canada-Chile Commission for Environmental Cooperation
(CCCEC) pursuant to Article 14 of the ChileCanada Agreement on Environmental
Cooperation (CCAEC) on June 21, 2002.
CEADAs submission presents evidence that
the Government of Chile is failing to effectively enforce its environmental
laws regarding the construction of the Southern Coastal Highway
project (Carretera Costera Sur). The construction of the Southern Coastal
Highway threatens one of the planets most important ecosystems and
the survival of many plant and animal species which do not exist anywhere
else on earth.
Chilean authorities failure to effectively
enforce Chiles environmental law have caused severe harm to Southern
Chiles natural resources and forest biodiversity. The acts and omissions
include allowing illegal cutting of native forests in the Contaco River,
an Officially Protected Area; the failure to conduct an environmental impact
assessment for several Sectors of the Southern Coastal Highway; the illegal
approval of the Environmental Impact Study of Mansa Bay-Hueicolla River,
the illegal intervention in the Chaihuin-Hueicolla Protected Area; and
the impact on the river bank, the water and hydro-biological resources
in the Contaco River.
The submitters raised these omissions with the
Tenth Regions Environmental Commission, the courts of justice, the
Office of the Auditor General, the Executive Board of the National Commission
for the Environment, the Highway Authority and the Commission for the Environment,
Natural Resources and National Property of the House of Representatives,
without timely response or resolution. No agency took measures to protect
or improve the environment in the Tenth Region, especially in its coastal
zone, the largest reserve of primary forest of high biodiversity in the
south of South America, according to technical reports, articles, and studies
presented with the submission. The construction of the Southern Coastal
Highway will affect the stability of the Huilliches communities (Indigenous
People) with historical property rights in this territory, according to
experts reports.
Main objectives sought with the submission presented
by CEADA:
1. Foster the protection and improvement of the
environment in the territories of the Parties for the well being of present
and future generations. This is particularly relevant in relation to the
environmental heritage of Chiles Tenth Region and its Coastal Mountain
Range, the last untouched biological reserve of forest in the south of
South America;
2. Promote sustainable development based on cooperation
and mutually supportive environmental and economic policies. It is essential
that the sustainability and biodiversity of the Tenth Regions native
forests be ensured through the joint action of Canada and Chile.
3. Increase cooperation between the Parties to
better conserve, protect, and enhance the environment, including wild flora
and fauna. This case is particularly appropriate for successful cooperation,
for the benefit of the flora and fauna of one of the Parties.
4. Enhance compliance with, and enforcement of,
environmental laws and regulations; and
5. Promote transparency and access to information,
public participation in the development of environmental laws, regulations
and policies.
Requests presented by CEADA to the Commission for
Environmental Cooperation:
1. That the National Secretary will consider the
present submission and forward it to the Joint Submission Committee, thus
initiating the procedure to corroborate the lack of enforcement of Chilean
environmental legislation in the case of the Southern Coastal Highway Project;
2. That, based on Articles 14 and 15 of the Agreement
and in view of the lack of effective enforcement of Chilean environmental
legislation, a factual record be prepared, that will contribute to the
corroboration of all that was said here and will show that the Chilean
authorities omitted information related to the effective enforcement of
the environmental legislation;
3. That, the lack of effective enforcement of environmental
legislation documented in the on-site inspections carried by the Ministry
of Public Works will be investigated;
4. That an environmental impact evaluation be conducted
for each sector of the Southern Coastal Highway Project.
5. That the Ministry of Public Works be effectively
sanctioned for its lack of compliance with the conditions pursuant to the
EIA approved for the Southern Coastal Highway Project; and
6. That the Highway Authority and the Bueno River
Corporation be sanctioned for the environmental damages caused to the Contaco
River.
CEADA trust that the submission will result in
appropriate Recommendations that will allow the conservation
of the environment of the Tenth Region of Chile, particularly the area
affected by the Southern Coastal Highway, thus achieving the goals and
obligations of the Canada-Chile Agreement for Environmental Cooperation.
CEADA needs your support. You can help us to protect
one of last remaining primary forest in South America. Call, write or send
a fax or e-mail to the Canadian Secretariat of the Chile Canada
Commission on Environmental Cooperation requesting to act quickly regarding
the submission of the Southern Coastal Highway project. Please contact:
David Anderson, P.C., M.P.
Minister of the Environment
28th Floor, Les Terrasses de la Chaudière
10 Wellington Street
Hull, Québec
Canada K1A OH3
Tel.: (819) 997-1441
Fax: (819) 953-3457
Also you can call or send a fax or e-mail to the
International Network on Environmental Compliance and Enforcement (INECE),
requesting INECEs Secretariat to serve as a watchdog
of the submission presented before the Chilean Secretariat of the CCECA.
INECE Secretariat
Phone: 1-301-946-8966
Fax: 1-301-946-8984
e-mail: inece.secretariat@inece.org
www.inece.org
For further information contact:
Miguel Fredes
ceada@entelchile.net
Centro Austral de Derecho Ambiental - C E A D A
[Southern Environmental Law Center]
Tel-Fax(56)(2)235-5802(Santiago)
Tel-Fax(56)(65)313969 (Puerto Montt)
Mobile: 09-2959059
www.ceada.org
From: miguelforest@yahoo.com
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