Conflict Resolution of the Boruca Hydro-Energy Project: Renewable Energy Production in Costa Rica

by Jurgen Carls, Warren R. Haffar, Lauren E. Jones, Jessica E. Morey

Overview

A case study that profiles the best practices for sustainable development, indigenous human rights, and conflict resolution, providing original insights into Latin American environmental and development politics.

Product Details

ISBN-13:	9781441117557
Publisher:	Bloomsbury Academic
Publication date:	01/17/2010
Pages:	234
Product dimensions:	6.10(w) x 9.00(h) x 1.10(d)

About the Author

Warren Haffar is Associate Dean for Internationalization and Director of the International Peace and Conflict Resolution Master's Program at Arcadia University (PA).

Jurgen Carls serves as Government Advisor to the Ministry of Agriculture in Lisbon, Portugal and freelance consultant to the FAO. He is Special Advisor for the UN-mandated University for Peace in Costa Rica. He also lectures on sustainable development at the Humboldt University of Berlin.

Lauren E. Jones is a Barrister & Solicitor in Ontario, Canada. She has recently published a chapter titled “Kill or be Killed: the plight of child soldiers in Africa” in Victimology in South Africa (2013) edited by Robert Peacock and published in Pretoria, South Africa.

Table of Contents

Preface xi

List of Acronyms and Abbreviations xiii

Chapter 1 Introduction 1

The Boruca Project as Case Study 1

Stakeholders 3

Analysis of the Systems, Institutions and Actors of the Region 3

Assessment of the Attitudes and Actions of Primary Actors 5

General Observations 6

Conclusion 8

Traditional Approaches to Development: Theory and Practice 8

Rethinking Project Design using Mediation and Conflict Resolution 12

Chapter 2 Energy Production and Needs in Developing Countries 15

Current Situation in Latin America 15

Plan Puebla Panamá and Future Economic Integration at the Regional Scale 19

Conclusion 21

Analysis of the Energy Sector in Costa Rica 22

Policy Setting 25

Legal Landscape 27

The 2005 Generation Plan 29

Chapter 3 Analysis: Hydro-Project Boruca, Costa Rica 33

History of the Project 33

Legal Framework and Policies 37

Electricity Policy 43

Interinstitutional Cooperation Related to Hydro-Project Boruca 44

Communication, Trust, and Coordination within the Electricity Sector 44

Planning Tools 46

Funding Mechanisms 46

Human Rights 47

International Law and Human Rights 48

The Right to Development 49

Rights Related to Resettlement and Land 51

Property Rights 53

The Right to Self-Determination 55

Economic, Social, and Cultural Rights 56

Environmental Rights for Peoples 58

National Laws and Human Rights Violations 59

Conclusion 60

Stakeholders 61

Boruca Hydroelectric Dam Project Stakeholder Participation 65

Boruca Indigenous Community 65

Térraba Indigenous Community 66

Indigenous Reserve “Rey Curré” 69

Environmentalists 71

United States of America 72

Canada 73

Involvement of Institutions 73

The National Commission for Indigenous Affairs (CONAI) 73

Inter-Development Bank/World Bank/Financial Institutions 74

Plan Puebla Panamá 75

SIEPAC 75

Public Understanding and Participation 76

Conclusions 76

Sociocultural and Economic Aspects 77

Ecological and Environmental Impacts 89

Biophysical Characteristics of the Térraba Watershed 89

Downstream Ecological Impacts 94

Impacts of Flooding the Reservoir 95

Impacts on Watershed Management 96

Construction and Development Impacts 97

Mitigation 97

Large-Scale Hydroelectric Power Plants 98

Violence and Conflict Resolution 99

Resistance from Local Communities 100

Resistance from International and Domestic Law 101

Conflict Resolution 103

Conclusions about the Boruca Dam 104

Project El Diquís 113

Implications for the Road Infrastructure 115

Implications for the Térraba-Sierpe Wetland 116

Implication for the Communities 117

Implications with Regard to the Use of the Río General 117

Implications for Productive Activities 117

Generation of Employment 118

Investment Attractiveness due to an Improved Infrastructure 118

Touristic Development and Other Economical Activities 118

Implications for the Management of the Watershed 118

Implications for the National Electricity System 119

Control of the Flooding in the Lower Parts of the Watershed 119

Implications for the Archeological Heritage 120

Perspectives 120

Chapter 4 Rethinking Project Design 127

Renewable Resources as a Key to Sustainable Development 127

Demand Management and Efficiency 127

Wind Power 130

Biomass 131

Geothermal 132

Solar 133

Hydropower 134

Economic Sustainability 135

Renewable Energy is Cost Competitive 138

Green Power: A Business Opportunity for Costa Rica 139

Full Cost Accounting 140

Economic Benefits of Distributed Generation 142

Carbon Financing 142

Social Sustainability 144

The Need for Greater Adherence to Good Practices 144

Decision-making 146

Institution Building 146

Overcoming Barriers to the Implementation of the Sustainable Power Projects in Costa Rica 147

Addressing the Policy and Legal Limitations 148

Legislative Limitations to Renewable Energy Projects 148

Improving National Policy for Indigenous Rights 149

National Level Strategic Commitment to Alternative Energy 151

Create Communication, Trust, and Coordination within the Sector 153

Institutional Coordination 153

Participation of Stakeholders 155

Identifying Dividers and the Connectors 156

Government of Costa Rica 156

Costa Rica's Electricity Institute (ICE) 157

Environmentalists' View of the Dam Projects 158

Indigenous Peoples of Costa Rica 159

Generational Conflict 159

Land Conflict 161

United States of America 162

Canada 162

The Institutions and Systems Involved 162

The National Commission for Indigenous Affairs (CONAI) 162

Inter-American Court of Human Rights 163

Institute for Agrarian Development (IDA) 164

Associations of Indigenous Development (ADI) 164

Inter-American Development Bank/The World Bank, and Others 165

Public Understanding and Participation 165

Consultation/Mediation and Conflict Resolution 166

Monitoring and Evaluation 168

Dividers and Tension Builders 169

Connectors and Local Capacities for Peace (LCP) 172

Chapter 5 Regional Development Implications in the South of Costa Rica 183

Development Aspects for the Regional Indigenous Reserves in the South of Costa Rica 183

Social Organization 183

Action Plan for Linking Indigenous Groups to State Influence 185

Local Services 186

Training and Job Creation 186

Potential Projects for the Indigenous Reserves 187

Action Plan 188

Estimated Principal Training Needs of the Indigenous Groups 189

Regional Development of the Indigenous Reserves 189

Quality of Life Improvement for the Indigenous Peoples (PNDPI 2002) 191

An Aid Program for the Boruca Region 193

Chapter 6 Conclusions on Main Themes and Issues 196

Energy Needs and Production Are Increasing in the Region 196

Alternative Energy Options Are Feasible in Costa Rica 197

Regional Indigenous Development Opportunities in the South of Costa Rica Exist 199

Conflict Resolution of the Boruca Hydroelectricity Dam Is Possible 200

Bibliography 203

Editorial Reviews

"Carls and Haffar describe the efforts to mediate between the local and national interests of the government of Costa Rica, the indigenous people, and the World Bank and other potential financing institutions, regarding construction of the hydroelectric dam in southern Costa Rica. The study was conducted as a learning tool for students in the two universities. It covers energy production and needs in developing countries, the Boruca project itself, rethinking project design, and regional development implications in the south of Costa Rica. The conflict primarily involved environmental degradation and loss of human rights, they conclude, and was resolved by listening carefully to stakeholder positions, interests, fears, and needs. They also argue that the resolution could have been earlier and easier if an adequate discussion forum had been available from the start." -Eithne O'Leyne, BOOK NEWS, Inc.

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