Archived press release

Belize Dam Injuction Refused

13 August 2003

The Privy Council has today ruled, at a hearing in Downing Street, that an injunction restraining further work on the Chalillo Dam in Belize [1] will not be granted.

BACONGO, a coalition of Belizian environmental groups [2], had submitted a petition to the Privy Council to stop the preliminary construction of the Chalillo dam until the legality of the environmental impact assessment for the dam, carried out by UK firm AMEC, was determined. The Privy Council ruled last month that an appeal against the building of the Chalillo Dam should go ahead [3]. The case will be heard in early December.

Hollywood actress Cameron Diaz had added her support to the case, writing an open letter appealing for the dam to be stopped.

But the Privy Council today announced that BACONGO is not entitled to an injunction to stop further work before the appeal, as they would be unable to pay for losses if their legal action is finally unsuccessful.

Friends of the Earth Corporates Campaigner, Hannah Griffiths said:

"This cannot be justice. Because the local communities do not have financial resources, precious wildlife resources are being sacrificed. The law needs to be clarified to make sure that those wishing to protect communities and the environment can turn to the courts to ensure that commercial interests are not put before the interests of communities or environmental protection. Today's ruling is a set back, but the appeal in December will be the key test of whether justice prevails."

Notes

[1] The proposed Chalillo dam would flood one of wildest places left in Central America and destroy habitat for jaguar, scarlet macaws, tapirs, and other rare species. Communities down river from the dam are concerned about the serious risk of dam collapse and harm to water quality and growing ecotourism in the region. The dam that is owned by Fortis, a Canadian utility, is expected to produce only 5.3 megawatts of electricity but will cost some $30 million.

[2] BACONGO is part of an international coalition of organisations opposed to the dam, which includes Probe International, the Sierra Club of Canada and the Natural Resources Defence Council of the United States. For more information see www.stopfortis.org

[3] The appeal is against a decision of the Belizean Court of Appeal to refuse an injunction preventing construction work on the dam. The decision by the Belizean Court of Appeal was made on the basis that it did not have jurisdiction.

The Chalillo case is the first major environmental lawsuit in the history of Belize and first such case to come to the Privy Council, which is final court of appeal for Belize and other Commonwealth countries.

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Published by Friends of the Earth Trust