Despite the protests of
the Caye Caulker Village Council (CCVC), its residents and community
organizations, a canal at Sunset Enterprises Ltd. on the southwest side
of the island has been completed. Although, the Village Council Act was
enacted to give more autonomy to local government, it would appear that,
in the end, Central Government still retains the only and final say in
the "sustainable development" of Belize.
Earlier this year The San Pedro
Sun reported that a temporary "stop order" was issued to
cease development of the canal, but no reason could be ascertained from
any of the Natural Resources departments at that time as to why or for
how long the order was issued. Since this canal development was highly
controversial with the islanders of Caye Caulker, many decided this was
merely a delay tactic until the pending elections were over. What was
eventually revealed is that this has been an ongoing controversy with the
following having taken place. The Caye Caulker Village Council provided
this information after a decision to go public with this alleged abuse of
government policy.
To review, on September 9, 2001 requests were made for
environmental clearance and a mining license by Sunset Enterprises Ltd.
to develop their property on the leeward side of Caye Caulker.
Specifically included in this request was a marina, waterways, and a
1,540-foot canal which would run from the west (leeward) to the east side
of the property. A mandatory notice was placed in the Government Gazette
over the period April
13 th -
24th, 2002 by the
developer.
A condition of the mining license was Clause 17 (1)
(L) which states "That the Licensee shall obtain written support of the
Caye Caulker Village Council prior to the commencement of operations." On
April 30 th, 2002, a
letter written by then CCVC Chairman Fermin Marin to the Chief
Environmental Officer Ismael Fabro stated that because of safety reasons,
"we are not recommending for Sunset Enterprises to make this canal."
These comments on the project should have been sent to the Inspector of
Mines, Evadne Wade. Instead, the letter she received stated, "In
reference to cutting of a canal, waterways, the Petroleum and Geology
Department needs to get in touch with Mr. Fabro from the Department of
Environment." Ms. Wade stated in a subsequent communiquÈ that "Mr. Marin
did not indicate that he was not in
support of the project of Sunset Ent. nowhere in this correspondence."
Since this did not conform to the rules regarding objections, (i.e., the
objections were sent to the wrong department) and by the time further
objections were received at the Petroleum and Geology Department, the
license had been issued (May 13, 2002) without the approval of the CC
Village Council.
Following several letters of objection
and discussions, the CCVC was advised at a meeting held at the Department
of the Environment to seek a legal advisor. On July 16, 2002, the
response from legal council J. A. Cardona stated that "at no time or in
any sentence did the Village Council give support of such license for the
Dredging of Canals in Caye Caulker." He further stated that, "It is a
mandatory requirement which must be complied with
before the licensee can commence any
operations under the licence." On August 9, 2002, the CCVC reconfirmed
their objections to the dredging of canals on Caye Caulker in a letter to
Minister of Natural Resources and the Environment Johnny Briceño. On
August 9th, another
letter of support was requested from the CCVC by Sunset Enterprises Ltd.
and on the same day, the Council refused any support.
On September 24, 2002, legal council representing
Sunset Enterprises Ltd. inquired into the matter with the Department of
Environment. After more correspondence, a letter dated October
23 rd, 2002 was sent to
CCVC Chairman Fermin Marin from the Inspector of Mines requesting written
reason(s) along with supporting documents (if any), as to why the CCVC
was not in support of the dredging of the canal. The Council Chairman
replied that several reasons had been given previously and that the
"community members have a right to decide the well-being of this
beautiful island."
One of these reasons was explained in several pieces
of correspondence with the Department of Environment and included that
the width of the island in the area designated for the canal was
approximately 3,200 feet. Thus, a 1500-foot canal would cut through about
half of the width of the island. Islanders' concerns focused on
residents' safety in the event of a natural disaster, as was the case in
1961 during Hurricane Hattie. At that time, because of the amount of
water that surged onto the island, water pressure exploded a small
channel dredged into the island, which became a split that cut the
island in half. Subsequent hurricanes eroded and deepened this "split" to
double its size. In comments dated May
30 th, 2002, (after
approval of the permit) Inspector of Mines Evadne Wade stated, "The
concern of the Village Council as expressed by Mr. Marin is an issue
which may be best determined by having the input of a
bona fide structural engineer familiar
with forces - stress, strain, etc."
Also of concern was the close proximity
of the canal to the Caye Caulker airstrip and that if flooding should
take place due to high tides and inclement weather or natural disaster,
the already weak infrastructure that the airstrip is currently built upon
would collapse even further.
After further correspondence and discussions, on December 16, 2002, a
letter signed by Chief Executive Officer of Ministry of Natural Resources
and Environment Patricia Mendoza was sent to the legal representative of
Sunset Enterprises Ltd. This letter stated that the Minister of Natural
Resources, after consultation with Cabinet, had taken into account the
concerns of Caye Caulker residents and approved the continuation of work
on the canal "to a minimum length of 775 feet."
On February
10 th, 2003, a letter
written by the new CCVC Chairman Alberto Villanueva Jr. to Prime Minister
Said Musa objected to the permission granted at ministerial level,
stating operations on the canal had begun the day before (February
9th) and "by some
measures have reached a length of 90 feet by 5 feet wide in one day." The
letter referred to documents which reiterated the Council's refusal to
support this excavation and the law pertaining to it.
On February
13 th, 2003, the Prime
Minister responded to the CCVC with news that a stop order had been
issued. He further assured "that our Government will fully consult with
the Village Council and take account of your concerns before any further
action is permitted." This stop order was confirmed in a letter dated
February 10th, 2003
from the Attorney General's office and advised Sunset Enterprises Ltd. to
"cease and desist in any operations you are or may currently be engaged
in connected to the said canal until Clause 17(1) (L) of the Licence
Agreement has been complied with." This information was reiterated in a
separate correspondence from the Inspector of Mines.
In less than a month's time, and only two days following
elections, a letter from Inspector of Mines Evadne Wade was given to
Sunset Enterprises Ltd. informing them "As per correspondence of the
Solicitor General dated
7 th March 2003, the
Licensee may commence operations under Mining License No. 3 of 2002 which
is to be amended. Such amendment shall be communicated to Licensee on
Tuesday the 11th of
March 2003." The letter signed by Solicitor General Elton Kaseke on March
7th, 2003, stated that
the stop order was issued to give government time to analyze Sunset
Enterprises' licence with a view to its amendment, notifying that they
may, commencing on the
8th March, 2003,
"proceed and continue to do dredging, excavation and other works which we
had previously required you to cease." The amendment allegedly also
allowed them to dredge the previously agreed 1500-foot of canal. It
ended, "...be informed that your licence and the said amendment will be
communicated to you on Tuesday, March
11th, 2003 or so soon
thereafter as is practicable." CC Village Council was not informed of
this decision by government, but by Sunset Enterprises Ltd. who commenced
excavation on the canal the following morning. As this was a holiday
weekend, the Council had no means of recourse until the following
Tuesday.
The Council immediately requested a
meeting with the Prime Minister, but was informed that this would not be
possible until March
24th. On that day,
Prime Minister Musa and CCVC Chairman Alberto Villanueva Jr., Vice
Chairman Javier Novelo and senior village resident Tony Vega Sr.
discussed the concerns and possible compromise on the canal. At the
meeting, the Prime Minister gave his word that he would respect the
wishes of the majority of the residents of Caye Caulker. A formal request
was also made by CCVC for government to conduct a public forum in regards
to the issue.
As a matter of fact, this forum was never held, and
the 1500-foot canal is now complete. On April
17 th, 2003, Sunset
Enterprises Ltd. submitted another application, this time to renew Quarry
Permit No. 83 of 2002 (6 of 2001) to dredge sand from the sea on the
western side of Caye Caulker. Reportedly, the sand is needed to fill a
five-acre piece of land designated for a resort.
According to Caye Caulker Village Chairman Alberto
Villanueva Jr., the Caye Caulker Village Council unanimously opposes any
more dredging. On May
12 th, 2003, the
Inspector of Mines again requested a reason "why the Council cannot
support the request."
Since, at that time, the CCVC was in recess, a reply was
delayed until June 2, 2003. In that reply the CC Village Chairman noted
that islanders were worried about the additional reef siltation that
could occur from this additional dredging. These worries stem from the
amount of damage done to the fishing grounds by the Caye Chapel project
just a few years ago. A letter written by the Council to the Inspector of
Mines stated that, "Considering the fact that the Petroleum and Geology
Department may view that monetary compensation from Sunset Enterprises
may substitute for our island's livelihood, it is the stance of the Caye
Caulker Village Council that no amount of payment will fully compensate
for the loss of fishing grounds on the leeward side of Caye Caulker as
these fishing grounds will be affected for many years to come." The
letter continued to inform Ms. Wade that the Council was not against
development with the following statement: "It is the position of the
Village Council that this project must conform with the traditional
heritage/custom of our island, i.e., smaller is better." The Council's
letter also denied accusations of "village politics," but stated, "The
issue has now become a matter of two individuals versus an entire
island."
The question still remains: Will mining
permits be issued again without the permission of Village Council?
|