New Crisis in the Galapagos
Matt James
Matt.James at SONOMA.EDU
Fri Sep 15 12:28:59 CDT 1995
Mail*Link(r) SMTP New Crisis in the Galapagos
TAXACOM subscribers - I have also cross-posted this to CONSBIO and MOLLUSCA,
feel free to do likewise to other lists.
Background information about the Galapagos crisis can be found by reading:
Science 3 February 1995 vol. 267, pp. 611-612.
Nature 9 February 1995 vol. 373, p. 465.
The Darwin Station has a Web page at: http://fcdarwin.org.ec/index.html
Thank you in advance.
Matt James
--------------------------------------
Date: 9/14/95 12:54 PM
From: Marc L. Miller
!!! Original message was too large.
!!!
!!! It is contained in the enclosure whose name
!!! is the same as the subject of this message.
!!!
!!! A preview of the message follows:
From: The Galapagos Coalition
Greg Aplet
Matt James
Marc Miller
To: Members & Friends of the Galapagos Coalition
Date: September 14, 1995
Subject: New Galapagos Crisis
____________________________________________________________
A new crisis is developing in the Galapagos with very severe
potential consequences, for people and for the islands. The Darwin
Station and Galapagos Park have again been seized, an echo of the actions
in January of this year. Equally troubling, the Ecuadorian member of
Congress from the Galapagos, Eduardo Veliz, seems to have written a letter
to the President of Ecuador threatening more violence, including the
possible seizure of tourists, unless a series of demands are met.
As in January, the dramatic and important events in the Galapagos
seem not to have caught the attention of the world media. The following
paragraphs summarize the immediate origins of the current crisis as we
understand them.
On the afternoon of Friday, September 1, 1995, Ecuadorian
President Sixto Duran Ballen vetoed a law which had been recently passed
by the Ecuadorian National Congress. The law would have shifted
substantial governmental authority from the current mix of national
government agencies and special Galapagos committees towards much greater
local control. The law was criticized by the CDF on a number of grounds,
spelled out in a memorandum included with this report.
On Sunday, September 3, 1995, after word of the veto spread,
Galapagos residents began protests, and on the morning of Monday,
September 4, protesters seized the Charles Darwin Research Station (CDRS)
and the Galapagos National Park headquarters, and closed the road to the
airport for Santa Cruz (the island which includes the CDRS and the town of
Puerto Ayora), and closed the archipelago's second major airport at San
Cristobal.
The lack of complete and current information reflects, in part,
the distance of the archipelago from the mainland and the limited
communications, which are often not operational, with those on the
islands.
The remainder of this report includes a set of documents, mostly
reports from the Charles Darwin Foundation (CDF). These reports have been
substantiated by independent sources, both by telephone, from mainland
Ecuador, and in fragmentary e-mail messages and reports.
This report includes:
1. Two memoranda from the CDF from September 5th & 6th, describing
the current crisis and its origins.
2. Translation of an undated letter from Ecuador Congressman
Eduardo Veliz to Ecuador President Duran Ballen.
3. August 30, 1995 letter from International Galapagos Tour
OperatorsAssociation President David Blanton to Eduardo Diez
4. Undated CDF memorandum criticizing the proposed law (written,
obviously, before the law was vetoed).
Please feel free to post this message to other groups. Our
immediate goal is simply to inform as many people as possible about what
we know of current developments.
We will provide further information if, and when, we can get a
clearer picture of what is taking place. We also hope to obtain a
complete copy of the law which is the source of this dispute, which we
will translate and post.
Contact:
Dr. Gregory H. Aplet Prof. Matt James Prof. Marc Miller
The Wilderness Society Sonoma State University Visiting Scholar
900 17th Street, N.W. Geology Department Stanford Law School
Washington, D.C. 20006 1801 E. Cotati Ave. Stanford, Ca. 94305
Ph: (202) 429-2684 Rohnert Park, Ca. 94928 Ph: (415) 725-7038
Fax: (202) 429-3959 Ph: (707) 664-2301 Fax: (415) 723-8230
e-mail: Greg_Aplet Fax: (707) 664-2505 e-mail: mmiller
@tws.org matt.james at sonoma.edu @law.emory.edu
********************
NOTE: Remember that the Galapagos Coalition electronic mailing list is
not a discussion group, but a means of distributing information about
developments regarding conservation in the Galapagos. Please provide
additional information or questions directly to Greg Aplet, Matt James,
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From: "Marc L. Miller" <mmiller at law.emory.edu>
Subject: New Crisis in the Galapagos
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From: The Galapagos Coalition
Greg Aplet
Matt James
Marc Miller
To: Members & Friends of the Galapagos Coalition
Date: September 14, 1995
Subject: New Galapagos Crisis
____________________________________________________________
A new crisis is developing in the Galapagos with very severe
potential consequences, for people and for the islands. The Darwin
Station and Galapagos Park have again been seized, an echo of the actions
in January of this year. Equally troubling, the Ecuadorian member of
Congress from the Galapagos, Eduardo Veliz, seems to have written a letter
to the President of Ecuador threatening more violence, including the
possible seizure of tourists, unless a series of demands are met.
As in January, the dramatic and important events in the Galapagos
seem not to have caught the attention of the world media. The following
paragraphs summarize the immediate origins of the current crisis as we
understand them.
On the afternoon of Friday, September 1, 1995, Ecuadorian
President Sixto Duran Ballen vetoed a law which had been recently passed
by the Ecuadorian National Congress. The law would have shifted
substantial governmental authority from the current mix of national
government agencies and special Galapagos committees towards much greater
local control. The law was criticized by the CDF on a number of grounds,
spelled out in a memorandum included with this report.
On Sunday, September 3, 1995, after word of the veto spread,
Galapagos residents began protests, and on the morning of Monday,
September 4, protesters seized the Charles Darwin Research Station (CDRS)
and the Galapagos National Park headquarters, and closed the road to the
airport for Santa Cruz (the island which includes the CDRS and the town of
Puerto Ayora), and closed the archipelago's second major airport at San
Cristobal.
The lack of complete and current information reflects, in part,
the distance of the archipelago from the mainland and the limited
communications, which are often not operational, with those on the
islands.
The remainder of this report includes a set of documents, mostly
reports from the Charles Darwin Foundation (CDF). These reports have been
substantiated by independent sources, both by telephone, from mainland
Ecuador, and in fragmentary e-mail messages and reports.
This report includes:
1. Two memoranda from the CDF from September 5th & 6th, describing
the current crisis and its origins.
2. Translation of an undated letter from Ecuador Congressman
Eduardo Veliz to Ecuador President Duran Ballen.
3. August 30, 1995 letter from International Galapagos Tour
OperatorsAssociation President David Blanton to Eduardo Diez
4. Undated CDF memorandum criticizing the proposed law (written,
obviously, before the law was vetoed).
Please feel free to post this message to other groups. Our
immediate goal is simply to inform as many people as possible about what
we know of current developments.
We will provide further information if, and when, we can get a
clearer picture of what is taking place. We also hope to obtain a
complete copy of the law which is the source of this dispute, which we
will translate and post.
Contact:
Dr. Gregory H. Aplet Prof. Matt James Prof. Marc Miller
The Wilderness Society Sonoma State University Visiting Scholar
900 17th Street, N.W. Geology Department Stanford Law School
Washington, D.C. 20006 1801 E. Cotati Ave. Stanford, Ca. 94305
Ph: (202) 429-2684 Rohnert Park, Ca. 94928 Ph: (415) 725-7038
Fax: (202) 429-3959 Ph: (707) 664-2301 Fax: (415) 723-8230
e-mail: Greg_Aplet Fax: (707) 664-2505 e-mail: mmiller
@tws.org matt.james at sonoma.edu @law.emory.edu
********************
NOTE: Remember that the Galapagos Coalition electronic mailing list is
not a discussion group, but a means of distributing information about
developments regarding conservation in the Galapagos. Please provide
additional information or questions directly to Greg Aplet, Matt James, or
Marc Miller.
********************
CDF MEMORANDUM
Fr: Johannah Barry, CDF, Inc.
Dt: September 6, 1995
Re: Galapagos Strike/Update
I have spoken to some of you regarding the recent events in Galapagos, and
I enclose the following:
1. September 6, 1995 update from the CDF, Inc.
2. September 4, 1995 letter from Eduardo Veliz
(translated from Spanish by CDF, Inc.)
As you may know from various sources by now, the situation in Galapagos is
tense, but no one has been injured and there has been little property
damage. We are hopeful that things will resolve themselves in relatively
short order.
We ask that you consider writing a letter to President Duran Ballen. Let
me say at the outset that I know we have asked you to do this in past, and
that this may seem an enormous imposition on your time. The Galapagos
situation is extremely delicate and may only respond to the most
diplomatic of overtures. This is a sovereign country, this is technically
an internal, provincial governance issue. Our best efforts may well be to
support the President' tough decision and back all efforts to restore
order and sanity.
President Sixto Duran Ballen
Presidente Constitucional de la Republica de Ecuador
Palacio de Gobierno
Quito, Ecuador
In your letter, should you choose to do this, please mention the following
points:
A. The law he vetoed was flawed and did not address the key management
issues which face Galapagos. He made an good decision, and Galapagos
conservation benefited from his hard line.
B. The writer is aware of what's going on (the seizure of public
facilities, the siege on the Park and Station, etc.), and is concerned.
Please indicate your (your institution's) willingness to help in whatever
way is appropriate.
C. This siege on Galapagos and the institutions which are involved in
conservation (as well as public facilities) is part of a pattern which is
of concern. We have seen in just the past nine months incidents where
unsatisfied faction have resorted to vi olent acts and incendiary language
to effect changes in national policy. We support Ecuador's refusal to
negotiation with those who incite violence and threaten terrorists
activities, and agree with the government's position that this behavior
should not be tolerated.
D. A special law for Galapagos is needed and the international community
stands ready to help this process. Any new law will need to address
issues of uncontrolled migration, introduction of exotic plants and
animals, and resource exploitation, and appr opriate social development in
Galapagos. Equally, the process to develop such a special law must
involve the key responsible citizen groups in Galapagos, as well as other
management agencies and Galapagos stakeholders. Our understanding is that
this is what President Duran Ballen intends to do.
--------------------------------------------
CDF MEMORANDUM
Fr: Johannah E. Barry, Charles Darwin Foundation, Inc.
Dt: September 5, 1995
Re: Seizure of Galapagos National Park and Charles
Darwin Research Station
The Galapagos Islands, referred to for decades as the "showcase of
evolution" are known worldwide for their biological richness and
uniqueness, still largely unaltered evolutionary and ecological processes
and unique ecosystems. A clear manifestation of those phenomena are the
Islands' extremely high rates of endemism: over 95% of the reptiles, 50%
of the birds, 35% of the terrestrial plants, and almost 30% of all marine
species are endemic (known only in Galapagos).
The ocean waters that weave in and around the islands of the archipelago
are as notable in the diversity of the species they support as are the
land masses. The extraordinarily high rate of marine endemics have
adapted to an unusual set of conditions: co ld upwelling waters, high
planktonic productivity, deep waters close to shore, strong surface and
undercurrents, and physical isolation from other coastal waters.
This extraordinary marine environment and biodiversity is matched, by a
world-renowned terrestrial area. The archipelago's 13 medium and large
islands and over 115 smaller ones cover almost 8,500 square kilometers
(3,500 square miles) of which 97% have b een declared a National Park
since 1959. The terrestrial environment's spectacular scenery, and unique
ecosystems and species are of immense value to science for studies of
evolution, ecology, and geology. At the same time, there is major
economic pote ntial through the thoughtful use of its resources.
Industrial exploitation of Galapagos flora and fauna is not unknown, but
over the last several years, there has been a pattern of significant
investment of resources by outside entrepreneurs, and a resulting
"frontier" mentality and behavior. As a result of the government's
closing of an uncontrolled sea cucumber fishery in December, 1994, a group
identifying themselves as pepineros (sea cucumber fishermen), took control
of the road to the Charles Darwin Research Station and the Galapagos
National Park headquarters in Puerto Ayora on the Island of Santa Cruz
several weeks later. The pepineros also closed the road to Baltra, and
seized the Station and Park docks. Thankfully, the situation was resolved
lawfully and the ban on sea cucumbers was upheld. This pattern of hostile
and unlawful actions was to continue, however.
On Sunday, September 3, 1995, threats of violence, followed by a series of
disruptive actions, began against the Charles Darwin Research Station and
Galapagos National Park property and personnel. These actions are taking
place in the port cities on thre e inhabited islands, Pto. Baquerizo
Moreno (San Cristobal Island), Pto. Ayora (Santa Cruz Island), and Pto.
Villamil (Isabela Island). The actions are in response to Ecuadorian
President Sixto Duran Ballen's veto of the new special law for Galapagos.
This law, sponsored by Eduardo Veliz, the Congressman from Galapagos, was
supposed to address the troubling issues of uncontrolled migration,
introduced species, and resource exploitation. However the law was a
disastrous mix of legislative and regulatory language, which created a
morass of new administrative structures, fails to address any of the
critical issues for which it was ostensibly drafted, but most importantly,
politicized the Park Service. This last element represented an extremely
dangerous pr ecedent. No country in the world allows treasures of
national and international importance to be controlled and managed largely
by local political interests. The President vetoed the law on Friday
afternoon, September 1, 1995.
Certain factions in villages on these islands, including some government
employees, fishermen, and others have targeted personnel and property of
the Park and Station in the towns of Baquerizo Moreno, Puerto Ayora, and
Villamil. As of Sunday morning, Sep tember 3, 1995 protesters also seized
the road on Santa Cruz leading to Baltra Island, closing off the main
airport for most people, completely closed the airport in San Cristobal,
and seized Park property in Pto. Villamil. On Monday morning, September
4, 1995, protesters armed with machetes and axes descended on the Station
and Park headquarters in Pto. Ayora.
The actions so far have resulted in seizure of property, holding personnel
hostage in the national Park headquarters, direct threats of seizure and
harm against personnel and animals at the Darwin Station, and closing of
access roads to both institutions. Station personnel were evacuated by
boat on Monday evening, have since returned, and no one has been harmed.
The Park Director and his family were removed under military protection on
Monday night and are safely secluded. We have reports that highly
trained troops have been sent to the islands to control the situation.
No property has been damaged, but mounds of rubber tires have been
incinerated near and around Park buildings. Protesters continue to make
threats regarding destruction of Park buildings. No animals have been
harmed, but the protesters have threatened to cut off food supplies to the
personnel and animals.
Most disturbing was the announcement on September 5 on Ecuadorian National
Television by Milton Aguas, the Mayor of Pto. Baquerizo Moreno (San
Cristobal) who demanded that the President of Ecuador rescind his veto of
Friday, September 1. He stated that if the law does not go through, the
protesters would be forced to take tourists hostage and set fire to
critical areas in the park ("burn flora and fauna").
We have received a copy of a letter dated September 4, 1995 to the
President of Ecuador from Milton Aguas, Eduardo Veliz, and Eduardo
Toscano, head of the "Civic Committee" of Baquerizo Moreno, which states
unequivocally their willingness to take extreme action, which includes
taking tourists hostage and burning areas of the National Park. I enclose
the letter and a non- literal translation for your information.
It is important to note that this sentiment and these actions are not
embraced by the general population in Galapagos. A large group of Santa
Cruz residents have scheduled two press conferences on September 5 to
publicly repudiate these calls for terrori st tactics, incited in large
part by the Galapagos congressman Eduardo Veliz whose version of the law
was vetoed.
This behavior is part of a pattern of lawlessness and contempt for
national policy which has been steadily growing in the Galapagos over the
past years and which was also in strong evidence in January when the Park
and Station were taken over by protesting fishermen. The Park, the
Station, and the ecosystems that these institutions are dedicated to
protect have become pawns in a political game. It is only a matter of
time before threats become action, and one of the world's most
extraordinary natural treasures becomes a victim of greed and short-term
exploitation.
In January, 1995, the government established a precedent of refusing to
negotiate with people involved in threatening terrorist activity, and we
are hopeful that the government will do the same in this situation. Order
must be restored and public facilit ies, Park and Station personnel, and
facilities, which are now at risk, must be protected.
The CDF believes that a special law for Galapagos is paramount, but that
it must directly tackle the major issues of uncontrolled migration,
introduction of exotic plants and animals, and resource exploitation, and
appropriate social development in Galapagos. Equally, the process to
develop such a special law must involve the key responsible citizen groups
in Galapagos, as well as other management agencies and Galapagos
stakeholders. Our understanding is that this is what President Duran
Ballen intends t o do, and we fully support him in this endeavor.
--------------------------------------------------
TRANSLATION OF LETTER FROM
ECUADOR CONGRESSMAN EDUARDO VELIZ
TO ECUADOR PRESIDENT DURAN BALLEN
[The following translation is not literal, and is intended to highlight
the main points. The CDF has a copy the Spanish original.]
Strike Committee of the Galapagos
Dear Mr. President,
As a result of your decision, taken without consultation, to totally veto
the Law of the Special Regimen of Galapagos, which was approved by the
National Congress; for your erroneous decision to send to this Congress a
new law which we consider unconstitu tional, and which represents an
affront to national sovereignty; you have left us with no choice (you have
obligated us), to take the most radical steps in the history of Galapagos
since the last revolt of the penal colony in 1959.
Galapagos, in its totality, does this with a clear conscience and with
love for what belongs to us. We are defending our islands in the same
manner that so many other village have done against the colonial pressures
from large, oppressive nations.
You yourself are responsible for the actions which will occur; we have
taken over the Park Service institution in Isabela, the Park Service,
Research Station and the road in Santa Cruz, and the airport in San
Cristobal. We will take additional radical steps, the days following, in
other areas of scientific and strategic significance. We are prepared to
take extreme steps such as taking tourists hostage if necessary and
burning any parts of the National Park.
We are telling you this, because there are one hundred special forces
troops (in San Cristobal) who are here now with the intention of removing
us by force. If this happens, we will disperse and take action.
However, we want to avoid doing this and we want to protect the
international reputation of Galapagos and Ecuador. We ask that you
undertake the following:
1. Sign into law the Executive Decree that we have included (a slightly
modified version of Veliz's original law), which returns some of the hopes
of the people of Galapagos, which promotes conservation, and which will
improve the standard of living for its people.
2. Rescind the law which you substituted and which is currently before
the Congress, which is unconstitutional, improper, and which threatens
national sovereignty.
3. Hold elections for the Provincial governing body (prefectura) for
1996.
4. Order the Civil Aeronautics Board to require that airline companies
working in Galapagos give equal treatment to tourists and residents in the
transport of passengers and cargo, and to set aside 30% of their space for
local (Galapagos) tourist operati ons. This will be regulated by the
local municipal government.
5. Suspend the current naturalist guide course given by the Galapagos
National Park Service (GNPS), and make this course available only to
Galapagos permanent residents.
6. Restructure INGALA and Galapagos National Park Service and redefine
their responsibilities. Their boards should be formed with local
institutions, and comprised of Galapagos permanent residents.
7. Fire the INGALA General Manager, Gunda Schreyer and the GNPS Director,
Arturo Izurieta.
8. Cancel the five nominations of INGALA Department Directors, and
replace them with local professionals.
9. Close the Charles Darwin Research Station's illegal t-shirt kiosk,
which exists counter to the its agreement with the Ecuadorian government,
and which competes unfairly with local merchants.
10. Order the Ministry of Finances to give immediate financial aid for
important projects in the Galapagos Province, such us education, sports,
sanitation, and transportation infrastructure improvement. The budget
requested is S/40.000'000.000 [ed. not e, this is the way the number was
represented in the letter, if it is correct, the amount is equivalent to
about $18,000,000.00].
11. Order the Ministry of Finance to provide the necessary resources to
bring salaries in line with the provisions of Special Law 151, [ed. note,
which provides incremental pay to nationals working in Galapagos] pay the
75% increment owed to the municip al workers and teachers since 1992.
****************
[AUGUST 30, 1995 LETTER FROM INTERNATIONAL TOUR OPERATIONS ASSOCIATION TO
EDUARDO DIEZ]
August 30, 1995
Eduardo Diez
ASOGAL
Fax: 593-2-436-625
Dear Eduardo and all ASOGAL Members,
On behalf of our newly formed organization, I would like to say that we
look forward to working with ASOGAL for the lasting protection of the
Galapagos and our own mutual benefit. We have formed this organization to
have a voice and express our opinions on issues of importance to the
islands.
It has come to our attention that a Special Law concerning the governing
and management of the Galapagos Islands has recently been passed by the
National Congress of Ecuador. This law addresses matters that we feel are
extremely important, among them th e limitation of human settlement and
activities.
After examining this law, however, we strongly feel that is not in the
best interests of the islands. In fact, we believe that there are
provisions that threaten to politicize and subvert policies and
administrative structures that are already in place. The law does not
provide adequate protection to the islands' ecology, does not put adequate
limits on human exploitation, and threatens to create an unworkable and
dangerous political structure.
We urge you to ask the President of the Republic to veto this Special law.
We also urge you to work for a new and more complete law. The new law
should address the real issues and reinstate the Permanent Commission for
Galapagos as part of the Director ate of INGALA.
We hope that you will join us in denouncing this law as political
maneuvering. It has no part in a lasting solution to protect the
Galapagos. Let's work to create a real law that will make these constant
struggles over the islands a thing of the past!
Thank you for your support and cooperation,
David Blanton
President
International Galapagos Tour Operators Association
PO Box 915
Ithaca, New York
Phone: (607) 257-3699
Fax: (607) 257-3699
e-mail: voyint at aol.com
*********
[UNDATED MEMORANDUM FROM THE CHARLES DARWIN FOUNDATION]
Charles Darwin Foundation for the Galapagos Islands
Comments on the Proposed Law for Special Management of the Provide of
Galapagos Approved by the Honorable National Congress of the Republic of
Ecuador.
BACKGROUND
In recent years, the Galapagos Islands have suffered serious deterioration
in environmental quality. The unique island ecosystems are threatened by
the high growth rate of the human population (8.8% per year) accompanied
by a steady increase in the numbe r of tourists (14 % per year in the last
3 years), and fosters introductions of a variety of very aggressive exotic
species. The islands have been degraded by poorly controlled extractive
activities (sea cucumbers, shark fins, lobster), assault on native species
(slaughter of some 90 giant tortoises in the last 4 years), and pollution
in various areas of the archipelago. Chaotic management of the tourist
industry results from a general lack of ability to control and patrol
human activities, a deficient educational system that does not reflect the
framework of the protected [areas], weakness of the local institutions,
and successive management plans that are not implemented due to a lack of
financial resources and political will.
Dissatisfaction of the islanders has been growing as a reaction to
unfulfilled campaign promises and the inability of management agencies to
efficiently enforce the laws. Incidents of social unrest were uncommon
until a few years ago. They now occur wit h increasing frequency when
special interest groups use them to apply pressure on the government.
Most notable were the takeover of the airport on San Cristobal, the
occupation of the installations of the Galapagos National Park Service and
the Charles Darwin Research Station, blocking of highways, an increase in
delinquency, and the politicization of public institutions which impedes
adequate enforcement of the laws (such as those which ban the fishery of
sea cucumbers) and produced a lack of respect for authority. These
incidents have stalled the process of improving management of the
Galapagos National Park and the Galapagos Marine Resources Reserve.
Faced with the problems that the region must confront, the populace of the
Galapagos and the Ecuadorian government recommended that a Law be
formulated to limit human population growth and to control economic
development. At Presidential request, the min istry of Agriculture
presided over various technical meetings, in order to propose a Special
Law for the Islands. Participants included the Congressman for Galapagos
along with representatives of various sectors of the Islands. The
technical proposal ha d reached a vary advanced stage, when the Honorable
Congressman of Galapagos formulated his own law and presented it to the
National Congress. This version included only selected elements of the
technical version prepared by the Minister's committees.
The proposed law which was approved by the National Congress does not take
into account either the management experience of the protected area, nor
the insularity that imposes limitations on human actions. The new law
replicated the current continental m odel in all its legal and
administrative structure. It ignores the recommendations that appeared in
previous technical and planning documents, such as the various Management
Plans, which were formulated on the basis of successful management
experience of the protected area, as well as scientific and technical
information.
CONCLUSIONS
1. The Law does not guarantee protection of the Galapagos. Its structure
cannot withstand a serious legal and administrative analysis which is
merited, given the special characteristics of Galapagos. There are many
contradictions and gaps which will cre ate too many uncertainties and
problems in its interpretation.
2. The Law as it is configured, does not address the problems that it
raises in the Preamble, nor does it deal with the fundamental problems
that effect the region.
3. The Law does not establish an agency that coordinates the actions of
all the institutions that work in Galapagos, much like the Galapagos
Permanent Commission. The powers given to INEFAN's Directorate related to
the protected area, and the actions of this agency are being politicized.
Nevertheless, in relation to the settled areas, there are no
administrative codes which regulate the processes of urban growth, or
regulate those decisions which effect the integrity of the National Park
or Marine Area. In this regard, the law is aimed at controlling the Park.
4. The Law is badly structured, mixing law with regulation. For example,
the quorum of INGALA is regulated (Art. 27) but not the corresponding
INEFAN Directorate. A Commission is created to prepare the Annual List of
Prices for the maritime transport of cargo (Art. 49). It states that the
procedures for courses which DIOMER carries out should be executed via the
Port Authorities in the Archipelago.
5. The Law creates new institutions which are clearly political, which
further complicate the current administration of the Province, and
contradict Ecuador's policies of State Modernization. Galapagos, with a
permanent population of 15,000 would therefo re have four townships and
one Provincial Prefecture, in addition to all the other public
organizations extent in Galapagos. There would also be a Municipal
Council (for the newly crated canton) of Floreana, with a population of
140 people.
6. The Directorates as established (of INEFAN (art. 8), of INGALA (Art.
26), of the Residency Commission (Art. 45) are clearly political. There
would be no technical agencies involved in the environmental management of
the Galapagos, or which adequately represent the interests of the general
population. The representation does not recognize the existence of other
important sectors of the community.
7. The Law does not resolve the problem of financing the operations of the
Municipalities, the Subdirectorate of Fisheries, and the education system,
etc.
8. The Law completely ignores the problems of introduced animals and the
importance of implementing a concerted program of Inspection and
Quarantine, which demonstrates again that protection of the Islands is not
the fundamental objective.
9. A reliable system for limiting the human population growth is not
established. The control on the human population growth will not be
achieved via the decision of 4 people of a group of 6. Control on
population growth will be achieved when mechanisms of
incentives-disincentives for economic growth, investment and land
ownership are implemented.
10. The law promotes non-traditional, extractive industries, such as sport
fishing (which is envisaged in the Administrative Statues of the Park, but
has no regulations) leaving open a wide window of opportunity to create
new models of tourism operation which are not compatible with the
management of the region.
11. The law does not promote sustainable use for the resources, since
extractive, instead of non-extractive, activities are favored. There are
no incentives to promote non-extractive activities or for the
strengthening of agriculture and cattle ranching (which would improve land
use in the agricultural zone).
12. Taking into account the obligation that passengers spend one night on
the land, the Law promotes the development of a "Club Med" hotel, which
local hoteliers cannot provide, and which are at odds with the kind of
visit that characterizes a trip to the Galapagos.
RECOMMENDATIONS
1. Recommend to the President of the Republic that he Totally Veto the
Special Law, approved by the Congress.
2. That, in a reasonable time period, a proposal for an Alternative Law be
presented, which seeks to harmonize the aspirations of the human
population of Galapagos with the need to conserve and protect Galapagos
ecosystems.
3. That it be proposed, in the proposal of the Alternative Law, that such
a heavy political force not be given to the Galapagos National Park,
because this carries the risk that its actions become politicized, thereby
transforming the Park into a politica l reward. The Directorate of INGALA
should be reformulated to consist of the members of the Permanent
Commission for Galapagos. This agency would have the responsibility for
coordinating all the actions that relate to the general functioning of the
Province.
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END OF STATEMENT
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