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Judgment pending on proposed rainforest dam in Belize by The Coalition to Save the Macal River Valley The following text excludes some non-indexable words. For the full text, please register. London: Hearings before Privy Council London came close yesterday lawsu against environmental approval Chalillo hydro-electric dam Belize, proposed Newfoundland-based Fortis, Inc.While outcome uncertain, clear judges were troubled project approved with key issues still unresolved. judges criticized government its failure reveal key documents on economics safety project. However, court will consider plea Belize's Attorney General let project go forward despite these concerns, because size project fact company had already invested millions dollars it. The court may decide on case early December 25, though may take considerably longer. This first environmental lawsu reach Privy Council England, two days hearings, courtroom treated fireworks rarely seen these levels legal system. first challenge major decision government Belize, many Belize are hoping case will make government more accountable. The case already achieved victory justice when government forced repeal an unconstitutional law which purported ensure construction dam "notwithstanding" decision any court. law repealed just time first day hearings case, response strong warning Privy Council August. government has been forced reveal key documents, including geology study, Belizean communities downstream proposed dam had requested more than year. In addition, hearing helped place dam project on trial court public opinion worldwide: many top Canadian newspapers featured campaign, lead story on national CBC afternoon evening news programs, reported on BBC World Service. Below partial list articles on case, copy an editorial Robert F. Kennedy, Jr. appeared Toronto Star. Also, hundreds people joined petition on StopFortis Web site (www.stopfortis.org), which now features 8,000 signatures. You can take action www.savebiogems.org/macal. First day: Concealment geological report on dam foundations The first day hearings dedicated an exposé how government Fortis covered up key report which showed their assessment geological foundations dam site were wrong. report, commissioned Belize's technical committee February 2002 completed May 2002, had been requested year half environmental groups communities downstream dam, but only released last week lawyers government. report demonstrated major flaws company's original assessment proposed foundations dam including:
The judges expressed strong dissatisfaction way government company had concealed information had have "squeezed out dribs drabs." Counsel Belizean groups argued earlier decision if report had been released earlier, could have made difference court decisions Belize preceded one, may have convinced Privy Coucil grant an injunction May. BACONGO argued government decided build dam without having critical information on whether dam would cause endangered scarlet macaw go extinct Belize, what important Maya archaeological sites region would flooded project. Second day: Belize government pleas allow construction continue-even if approval illegal Belize's Attorney General joined government's counsel, Edward Fitzgerald (known UK defending death row prisoners before Privy Council) plea court not overturn decision build dam even if approval process illegal. Earlier, judges had questioned Fortis' attorney, Rabinder Singh, on extraordinarily favorable terms Belize gave Fortis (including guarantees high rates return 50 years, tax-free status, guarantees government would waive any laws accommodate company). Attorney General responded Belize needed give such favorable contracts foreign companies attract foreign investment. Belizeans courtroom cringed, knowing history corruption country. The Attorney General argued dam would make Belize "energy independent," cited inflated figures amount electricity dam would produce. The government Belize's optimistic claims Mollejon dam, located downstream proposed dam, never materialized. That dam produces only three-quarters electricity its proponents had said would, now major reason high rates electricity Belize-the highest any country Central America. BACONGO's attorney, Richard Clayton, pointed out dam would only produce 5 MW electricity, enough power three medium-sized hotels, less than one year's growth Belize's energy needs. The government argued flaws assessment dam's foundations were not important, granite sandstone were made same material-and therefore essentially same. Evidence court showed like claiming diamonds coal, water ice are "essentially same" because their composition identical. BACONGO argued change dam foundations requires change dam design. difference dam foundations could add costs, undermine safety project. Demanding justice Fortis Belizean government The Coalition Save Macal River Valley will continue demand accountability Fortis government, through full public disclosure debate. Coalition will seek obtain secret contracts documents about project which government Fortis are still keeping people Belize. Privy Council has helped bring out much truth about project. Full disclosure will show how unsafe, uneconomic environmentally damaging project is, people Belize will reject it.
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