Archived press release

Privy council to hear belize dam challenge

29 July 2003

On Wednesday July 30th, the Privy Council in London will hear an appeal on the Government of Belize's approval of plans to build a dam on the Upper Macal River in Belize [1]. BACONGO, a coalition of Belizian environmental groups [2], has submitted a petition to the Privy Council to stop the preliminary construction of the Chalillo until dam the legality of environmental impact assessment for the dam is determined.

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.

UK construction company AMEC carried out the environmental impact assessment (EIA) for the project. The EIA has been criticised as flawed, inaccurate and incomplete. AMEC has been accused of attempting to downplay the findings of scientists from the Natural History Museum of London, who concluded that the dam would cause significant harm to a number of rare animals and their habitat, including the nesting trees for the last 200 scarlet macaws in the country. AMEC disputes these claims.

BACONGO will make its case to the privy Council that the environmental impact assessment of the dam was rammed through in spite of a fundamentally-flawed geological study which it will claim cannot be used as a basis for the safe design of the dam. BACONGO will also draw attention to the lack of the required investigations of ancient Maya sites that would be destroyed.

For Belizeans, the case represents a defence of basic civil rights. BACONGO will argue that Belizeans have a right to be heard in a fair process on a project of the magnitude. Also at issue will be the constitutionality of a law passed by the Belizean Parliament in June which orders BECOL, Fortis' subsidiary in Belize, to proceed with construction of the dam irrespective of any order of any court. There has been adverse reaction in Belize to this attempt to put Fortis beyond the reach of the law.

Godsman Ellis, President of the Belize Institute of Environmental Law and Policy (a member of BACONGO) said:

"It is hard to believe that Belize would sacrifice its people's civil rights and one of the most valuable wildlife areas in the world for a small amount of overpriced electricity. We are asking the Privy Council to stay a "death sentence" for this rainforest river."

Friends of the Earth Corporates Campaigner Hannah Griffiths said:

"This is a true test of the law's ability to rein in irresponsible multinational corporations. At issue is not only the actions of the government of Belize, but of Canadian and British companies which are partners in this environmental injustice and must be held to account."

Notes

[1] 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 Privy Council will hold its July 30th hearing on the Chalillo case at 10:15am at its chambers in Downing Street. Arguing for BACONGO before the Council will be Queen's Counsel Richard Clayton and David Wolfe instructed by Richard Buxton. Also present will be Lois Young, BACONGO's attorney from Belize City.

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.

[2] BACONGO is part of an international coalition of organizations 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

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Published by Friends of the Earth Trust