Land Degradation
Figure 3.3
Costa Rica signed and ratified the United Nations Convention to Combat Desertification (UNCCD) and established an official advisory committee on the matter in 1998, the Land Degradation Advisory Commission. Work in this area has progressed as far as approval of the General Law on Soils and creation of the National Action Program to Combat Land Degradation; the various UNCCD requirements have been fulfilled. The land degradation situation in the country is summarized in table 3.4.
Costa Rica’s legal framework Legal Framework Governing Framework • Political constitution of the republic • International treaties, conventions, and protocols • Laws —Organic —Specific
Operational Framework • • • •
Executive branch decrees Regulations Directives Standards
Table 3.4
Current land use in Costa Rica Use class
Area (ha)
% of total area
Well used
2,714,977
54.9
Used in accordance with capacity, but requires special conservation measures
521,598
10.5
Underutilized
732,217
14.8
Overutilized
475,204
9.6
Severely overutilized
504,584
10.2
4,948,580
100.0
Total
Source: National Land Degradation in Costa Rica Action Program, 2004.
3.3 The Environmental Legal Framework in Costa Rica Environmental legislation covering biodiversity and natural resources is well developed and up to date in Costa Rica. The nation’s entire legal system consists of approximately 20,000 in-force instruments, of which approximately 10 percent deals with environmental matters in general.2 The hierarchy of legal rules in Costa Rica is set out in accordance with Roman/Germanic tradition, as shown in figure 3.3.
3. Context of the Evaluation
Constitution of the Republic of Costa Rica and the Environment In 1994, the following amendment to article 50 of Costa Rica’s constitution was approved:3 The State shall attempt to ensure the greatest welfare of all inhabitants of the country, organizing and stimulating the most appropriate production and distribution of wealth. All persons have a right to a healthy and ecologically balanced environment and thus may denounce any acts that infringe upon that right and demand that any damage caused be repaired. The State shall guarantee, defend, and preserve that right. The law shall determine the pertinent responsibilities and sanctions.
This amendment is very significant, since by incorporating the right to an “ecologically balanced environment” in the constitution, no administrative rule or act may oppose this right, and it is protected against all infractions.
Relevant International Treaties, Conventions, and Protocols Costa Rica has signed and ratified most international treaties and conventions related to environmental issues (see table 3.5).
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