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Problems related to the political, legal, and
institutional framework for the integrated management of the SJRB
Unfortunately, due to the lack of institutional
resources (institutional weakness), there is little or no community
participation in decision-making relating to the use of environmental
resources. Often this is not forthcoming because of the apathy of
communities to these things, frequently associated with the lack of
education or motivation to solve the most pressing problems, precisely
because economic resources are scarce. Perhaps one of the greatest
difficulties for integrated basin management is precisely the
institutional weakness of the state entities in charge of natural resource
management. Underfunded budgets, staff shortages, excessive workloads,
etc. are some of the challenges to more effective management these
institutions face. One must also mention the lack of coordination between
state entities, which do not pool resources with other agencies operating
in the same region. This has limited the effectiveness of state action in
the region. In some cases, the projects promoted by different agencies
overlap, due to false notions of independence and institutional
jealousies. In practice, activities in the region are not coordinated.
This situation is exacerbated by dissonances in the environmental legal
frameworks in both countries, and by the lack of binational institutional
arrangements, which pose greater problems for integrated action. Costa
Rica has laws like the Forestry Law, Organic Law on the Environment, and
the Biodiversity Law, which reveal various intersecting powers and
guidelines, with no clear description of the functions of each institution
responsible for their application. The same is true of water resources,
which actually fall under the purview of the MINAE, though the Water and
Sewerage authority as well as the ICE (Costa Rican Electricity Institute)
carry out a number of activities without any meaningful consultation on
these matters.
The SJRB lacks the strategic institutional vision that
would enable a long-term environmental management policy to be implemented
to valorize the basin’s water resources. Without this vision, the
political decisions within the framework of the basin are inconsistent. As
there is no vision for the basin, the services derived from the natural
resources existing in the basin, particularly the water resources, are not
placed in strategic perspective. This view therefore ultimately includes
the services currently provided and not the potential services that it
could provide.
There is no active participation of forces operating
in the basin, with respect to central decisions related to the basin’s
resources, with the result that policies are easily changed as there are
no community control mechanisms. In addition to this, the local
authorities are often not consulted by the national authorities when major
decisions are made. The direct and indirect effects of the weak political,
legal, and institutional framework prevailing in SJRB is reflected in the
accelerated degradation of ecosystems, actions that endanger protected
areas, use natural resources inappropriately and pollute water bodies,
causing usage conflicts. The possible solutions to this problem will be
geared toward the establishment of official mechanisms for binational
technical cooperation; the strengthening of local government associations
and municipal border federations; incentives to active and effective
participation by civil society; harmonization of the existing
environmental laws in both countries, particularly in those that directly
impact on the integrated management of water resources.
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