Archived press release

Privy Council Will Hear Appeal on Belize Dam

30 July 2003

The Privy Council today ruled that an appeal should go ahead against the building of the Chalillo Dam in Belize [1], as urged by environmental NGOs, at a hearing in Downing Street.

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, which sits as the Supreme Court of Belize, announced that a ruling on the injunction would be made in August.

Lawyers for the Belize Government and the Belize electricity company argued at today's hearing that the Chalillo project was of public interest and should be allowed to proceed. They also argued that BACONGO was not entitled to an injunction as they would be unable to pay for losses if their legal action is finally unsuccessful.

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.

The Privy Council recognised that the recent Act of Parliament passed in Belize authorising the dam raised important issues, and decided to order that the appeal should be held quickly. The case will now be heard in early December. The Court also ordered that individuals whose businesses will be affected by the dam could be joined to the case.

Speaking after the hearing, Richard Buxton, agent for BACONGO, said:

"BACONGO is encouraged to have had what they felt was a fair hearing before the Privy Council. We remain optimistic that justice will be done."

Friends of the Earth Corporates Campaigner Craig Bennett said:

"It is very good news that this appeal will finally be heard. This is the last chance to put the protection of the amazing rainforest wildlife in this area before corporate profits. But people in Belize should not need to resort to legal action to protect their wildlife. Companies should be legally required to operate to the highest standards - and the UK Government should take a lead in this."

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 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 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

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Published by Friends of the Earth Trust