What’s happening with the Ostional Refuge’s legal situation?

Date

In the past few days we have carefully listened to and read the main concerns of active members of the NCA and the local community regarding the legal situation of the Ostional National Wildlife Refuge.
Let’s do a quick overview in less than 5 minutes to know the total picture and how we are actively working to preserve The Refuge of Ostional.

On October 5, 2022, the constitutional challenge 6-011132-0007-CO against the Ostional National Wildlife Refuge Law and its regulations was sustained, which resulted in striking these regulations.

It is important to remember that the Ostional Refuge includes beaches and land from Ostional to Punta Guiones, which means that business and residences owners in these and other areas such as Pelada and Guiones are also under the regulations.


Some context:
What is the annulled law about? 

Law 9348 was approved back in 2015, its main purpose being to provide the community of Ostional and refuge with a special legal regime in the areas of: regulation of land use, model of concessions, responsible use and sustainability of natural resources through the active participation of the community, as well as legal security for the inhabitants of the refuge.

The law contemplates aspects such as:

  • Regulation for buildings and land use.
  • Land concessions and housing benefits for inhabitants residing in the protected area.
  • Regulations to protect natural resources.
  • Concessions to regulate the extraction of turtle eggs during nesting season.
  • Regulation of land use for scientific research activities.

What happened back in 2016? The action of unconstitutionality:
It was filed by two citizens questioning the legality and good practices of:
-The concessions for residential use, ecotourism lodges and infrastructure for scientific research.
-The granting of permits for education, research, development of community projects and public services. -The suspension of the occupant eviction processes.

What happens now?
Even if the approval of the appeal means the annulment of Law 9843 and its regulations, we still have to wait a little longer until the full text of the sentence is published to know in detail the implications it takes for the Ostional community. Yes, it is still a Refuge! 

What are we doing from the NCA?

  • The day after the ruling was published, we sent a press release covered by national media such as La Nación.
  • We have summoned the Legal Commission of CIMACO (Interinstitutional Advisory Council of the Ostional National Wildlife Refuge) to extraordinary sessions.
  • We are doing an in-depth analysis with our legal advisors about the possible impacts of this ruling.
  • Our technical advisors, with extensive experience in protected areas management in Costa Rica, are analyzing all the possible scenarios.
  • We continuously work with SINAC, community associations  and other interested parties to establish an action and contingency plan in the face of possible changes.

All the NCA members and the community can count on our support and commitments, including:

  • Ensure the protection of the Ostional Refuge and the people who live there, as well as the economic activities around it.
  • Maintain the Refuge as a world reference about community integration for wildlife sustainability and conservation.
  • Continue to be an active part of the comprehensive solutions, hand in hand with the community.

Over the next few days we will communicate the results of our analysis and progress on this important issue. Stay tuned for our newsletter!

More
articles