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Stabroek News

The law is a shackle
published: Wednesday | May 24, 2006


Peter Espeut

JAMAICA IS a small island of 4,400 square miles on which the 2.6 million of us have to live and find food, clothing and shelter. Whereas we who live here are becoming more numerous, the size of Jamaica is not increasing. This is why we have to be careful that we do not take decisions today that will make it hard on future generations to survive in a progressively more crowded space.

Unsustainable development may provide short-term financial gains for a few, but does long-term harm to the people of Jamaica. That is why the business of development is regulated by law, and why an agency has been appointed to protect the long-term interests of the Jamaican people by ensuring that Jamaica's environment is conserved. If this agency is found to be giving permits for unsustainable projects, then it is guilty of betraying the trust put in it, and is a traitor to the Jamaican people and our long-term future.

FLAWED DECISION

In effect that is what Mr. Justice Sykes did last week. He determined that the decision by the National Resources Conser-vation Authority (NRCA) to grant the permit to build the massive hotel at Pear Tree Bottom was flawed because the environmental impact assessment done by private environmental consultants was poorly done, that the NRCA did not take into account the negative information it had in front of it, and that they did not properly consult with the stakeholders. In other words, the Government has put laws and procedures in place to make sure that development in Jamaica is sustainable, and the Government disobeyed its own laws and procedures.

In the wake of the judgment handed down last week we can now more clearly see the line-up of forces arrayed against sustainable development and the rule of law, and in favour of counterfeit development - development at any cost.

Deacon Ronnie Thwaites on his programme proclaimed that, despite the decision, the project must go ahead. Trade Unionist, Trevor Munroe and tourism specialist, Tony Abrahams on the Breakfast Club felt that the project should go ahead to protect the jobs of the workers and the tourism revenue.

The outgoing CEO of JAMPRO who piloted the Pear Tree Bottom Project declared that the ruling shows that Jamaica is not ready for foreign investment. The irreverent Mr. Garnett Roper sees the ruling as evidence that environmentalists have declared war on Jamaica's development, and by questioning the source of funding of the NGOs who called for the judicial review, he questions their patriotism.

Now if the permit were improperly granted, there was no other way for an honest judge to have ruled. What bothers me is the (not so) veiled criticism of Mr. Justice Sykes. An independent judiciary must rule according to the law; we know there are interests that wish to control the judiciary. The way to deal with this judgment is to deal with the source of the problem, not to cuss the judge. Right is right!

In this column over the last 15 years or so I have repeatedly called into question some of the permits issued by the NRCA; in less than a year two of their decisions have been proven seriously flawed (the other was for Kennedy Grove in Clarendon; the acting CEO of the NRCA stated on public radio that Kennedy Grove had "fallen through the cracks"). In my view there are dozens of other questionable decisions, and confidence in the NRCA is at an all-time low.

PRESSURE

The NRCA comes under tremendous political pressure to issue these permits, and just as we wish the police force to be free from political interference, we should want to insulate the NRCA.

Congratulations to the Northern Jamaica Conservation Association and the Jamaica Environment Trust for their patriotism in defending the interests of the Jamaican people. I have a few projects I want to pass your way.

I believe that it is time to have an investigation into the process of environmental decision-making. We have to restore public confidence and investor confidence in the NRCA.


Peter Espeut is a sociologist and is executive director of an environment and development NGO.

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