Medina observes and returns the Law on Loma Miranda
SANTO DOMINGO. President Danilo Medina returned the Law that creates the Loma Miranda National Park to the Senate, without enacting it, and he observed all of the law. The president said he felt that the Law violated several articles of the Constitution, and that it would imply the ignoring of international commitments taken on by the Dominican state regarding the protection of investments.
In a letter to the Senate President, Cristina Lizardo, which was read by the spokesman for the Presidency, Roberto Rodriguez Marchena, during a press conference in the Orlando Martinez Hall of the Presidential Palace, Medina cited the reasons which caused him to observe this law.
The Chief of State argued that the creation of the Loma meet on the National Park in an area that competent authorities have identified as of a great mining potential (articles 1 and two), is contrary to the constitutional mandate of taking advantage of the natural resources.
In a like manner, he suggests that in the legislation observed a National Park is established in an area upon which there exists a mining concession contract approved by the Dominican state, and warns regarding the consequences that it’s extinction would bring, and how this would affect the judicial security and the future investment climate in the Dominican Republic.
“The approval was an extemporaneous legislative action, due to the fact that it has been the will of the 2010 Constitution, which relating to the efficient and sustainable use of the natural resources of the nation, should be done in the framework of the Territorial Organization Plan, which by law should issue of this power of the state,” he says in the letter.
In this sense, he requested the National Congress not only to reject this law, but rather in addition, “to postpone any decision on Loma Miranda, and on any other area of the national territory, with mining potential, until the Legislative Power dictates the law ordered by the Constitution regarding the Territorial Organize Asian Plan, so that in a rational manner, the protection of our natural resources is maximized and a responsible development of mining is sponsored.”
The Executive consider the adverse effect for the development of the country that a law which establishes a National Park which vetoes the possibility of future use of the natural resources existing within its perimeter, even when the social economic and environmental conditions, and the technologies of mining exploitations, guarantee its sustainability.
He also called attention to the right of property of individuals within the area of the Loma Miranda National Park, which cannot be affected through expropriation.
Christina and Abel went to the Palace
Previous to the press conference by the government spokesman, President Danilo Medina received in his office the president of the Senate, Cristina Lizardo and the head of the Chamber of Deputies, Abel Martinez, with whom the Executive consulted regarding the deadline established by the Constitution for the enactment of the law on Loma Miranda, according to a report from the legislator. According to Lizardo, the president supposedly was interested in knowing the time limit that he had. Nevertheless, minutes after the president went out of the seat of government, Roberto Rodriguez Marchena, reported on the observation of the president regarding this law.
Observations do not authorize the exploitation of Miranda
in the letter to the president of the Senate, Medina makes it clear that his decision that is not represent an expression of the will of the government to authorize the exploitation of Loma Miranda.
He said that a decision of this nature should be taken after all of the studies of the environmental impact have been completed and the terms of reference of the exploitation validated under the most rigid environmental standards.
He guaranteed the people and the sectors that defend the natural resources to whom he noted that he was conscientious that they would not receive the observation well, that under his presidency no mining exploitation would be authorized in Loma Miranda nor in any other place of the national territory, “without strict compliance with the requirements of an environmentally sustainable exploitation, and that the company which holds the mining concession legally earns with its action the social license which and exploitation of this nature merits.”
President Medina stressed that upon taking office as the President of the Republic on 16 August 2012, he swore to comply with the mandate established in article 127 of the Magna Carta “to comply with and in force the Constitution and the laws of the Republic.”
Neither fundamentalism nor savage mining capitalism
Danilo Medina said that as president of the Republic he did not consider himself quote to be an adept of environmental fundamentalism or of savage mining capitalism.”
He said that his responsibility as the first magistrate obliges him to necessarily consider between the needs of taking advantage of our natural resources and the adequate protection of these resources to the benefit of the present and the future generations.
He said that this consideration, ordered by the Substantive Letter of the State (the Constitution) and its article 74.4, obliges him to take a presidential action which brings together both constitutional assets without the need to sacrifice one or the other. “It is the public policy of this administration that the in the area of the environment and natural resources, to exclusively confirm the environmental licenses demanded by the current regulations, to the projects that are sustainable, as well as promote social networks to monitor those that, apart from regulatory control by the public agencies, sees the community take an active part to jealously watch over the environmental commitments which seek to preserve the sustainable use of natural resources through the Watershed Councils,” he pointed out.
Category: DR News |