Rio, condemned for building part of the Guanacaste tourist complex on a mangrove area
The government congratulates the environmental organizations in Costa Rica, while the company disagrees with the resolution and announces an appeal.
PalmCosta Rica's Environmental Administrative Court has issued a ruling considered "historic" by environmentalists and community groups in Costa Rica against RIU Hotels & Resorts, ordering the partial demolition of the RIU Guanacaste hotel and the restoration of a protected mangrove forest in Matapalo, Guanacaste province. According to several spokespeople for the plaintiffs, the Guanacaste Confraternity, and local organizations, the decision "is a significant victory for environmental and community groups that have denounced the project's impacts on the coastal ecosystem for more than fifteen years." The resort, with over 1,200 rooms, was partially built, according to the plaintiffs, on a green and mangrove area that, according to technical and expert reports, suffered tree destruction, land reclamation, and the diversion of a natural stream. The construction affected a maritime-terrestrial zone without a concession and altered protected ecosystems.
The ruling, which can still be appealed, mandates that RIU must remove the structures built on the mangrove and over the stream's course, and remove the fill and any unauthorized land modifications. The company must also restore the mangrove with native species to ensure the ecosystem's recovery and biodiversity. The court orders the restoration of the stream's natural flow, so that it returns to its original course and properly nourishes the mangrove. Furthermore, RIU must submit a supervised recovery plan detailing all restoration actions and the implementation schedule, under the supervision of environmental authorities. The ruling also includes the protection of the public maritime-terrestrial zone, which had been illegally occupied, and requires that these areas be returned to their natural state. This mandate goes beyond a simple financial penalty, as it entails the effective restoration of the affected ecosystem and sets a significant precedent for environmental protection in the region.
The Mallorcan company stated in a press release that it reiterates "its respect for the court and the legal process," but indicated that it "does not agree with the ruling" and will exercise all available legal resources and actions to demonstrate what it considers "inconsistencies and technical and legal errors." The company stated that, out of prudence and respect for the process, it will not offer further information while the legal steps to be taken are analyzed.
For its part, GOB Mallorca congratulated the Guanacaste Confraternity for "maintaining a rigorous and persistent defense of the territory by once again denouncing the environmental and urban planning practices of the Riu Group, which also has conflicts in Spain," the organization said. Furthermore, the island's environmentalists assert that "too often" large tourism corporations operate with "impunity" and therefore called for "strengthening environmental protection mechanisms everywhere."
An area of high ecological fragility
Matapalo Beach, on Costa Rica's northern Pacific coast, is an area of high ecological fragility, with mangroves that protect the coast from erosion and serve as a refuge for numerous species. The Guanacaste region, historically marked by rapid urbanization, forest fires, and lax land-use planning, was for years a magnet for large foreign tourism investments. "Anything went during the tourism boom, and green spaces and public roads were often destroyed to later legalize what had been done illegally," recalls Gadi Amit, an activist and local resident.
The complaints were initiated in 2009 by Guanacastecan Brotherhood and the Carrillo Eco-Civil Council, which warned of the impacts on the environment and the management of protected areas. Although the initial plaintiffs had to withdraw due to financial constraints, the Public Prosecutor's Office and the Attorney General's Office took over the case, allowing the process to reach a favorable resolution for the protection of the mangrove. Amit states that "we will continue monitoring, investigating, and filing complaints to ensure that the company takes responsibility for the damage caused."