Costa Rica’s Ombudsman’s Office has raised doubts about a report from the Ministry of Environment and Energy (MINAE) on the boundaries of forested lands next to the Gandoca-Manzanillo National Wildlife Refuge in Limón province.
The office, acting as an intervener in the case, asked the Constitutional Chamber (Sala IV) to require an independent review of the report before deciding if MINAE has met a court order from March 2025. That order came from ruling 2019-12745 under file 14-019174-0007-CO, which required MINAE to set clear limits for the refuge.
In its analysis, the Ombudsman’s Office pointed out that MINAE based its findings on forest cover from 2025. This method might accept earlier damage to the environment as the starting point, instead of using data from before a 2014 law that was later ruled unconstitutional. Such an approach could go against key rules in Costa Rica’s constitution, including the protection of forests from reduction, the ban on weakening environmental safeguards, and the duty to restore harmed areas.
A key problem noted is the handling of flooded forests. MINAE’s report mentions water bodies and drainage in the area, along with their ties to natural heritage. But the Ombudsman’s Office says it falls short in proving that these flooded forests – treated as a separate ecosystem under technical standards and past court decisions – were mapped using proper expert methods.
The MINAE report, sent to the court on September 11, 2025, looked at 186.66 hectares of land removed from protection in 2014. It found 107.92 hectares still covered by forest, making up about 58% of the area. Among 364 properties checked, 48% showed forest cover, with 93% qualifying as native ecosystems under Forest Law 7575. The report counted 825 mature trees from 75 species and noted the land’s function as a corridor for wildlife, with signs of natural regrowth.
Yet the Ombudsman’s Office argues for outside checks. It suggested the Biology Forensics section of the Judicial Investigation Agency (OIJ) handle the validation, citing its certified systems and independence from MINAE. The office also questioned MINAE’s use of the National Forestry Financing Fund (FONAFIFO) for review, as it operates under the ministry and lacks full authority for such tasks.
This push follows the court’s actions in March 2025, when judges stepped in due to delays in following the 2019 ruling. They set emergency steps to stop major harm to the refuge in Talamanca. These included blocking new concessions or permits, and pausing existing ones from the Talamanca Municipality on 20.1 hectares of forest in the maritime-terrestrial zone.
The court also stopped all logging and forest use permits from MINAE in seven forest sections that need full return to the refuge. This halt covered prior approvals, such as one for Playa Manzanillo S.A., led by businessman Allan Pacheco Dent. Those measures stay active until the court gets a complete compliance report. The Ombudsman’s Office stressed that without solid checks, the process risks overlooking gaps that could harm the refuge’s ecosystems.
Officials from MINAE have not commented directly on the Ombudsman’s concerns, but the report claims broad fulfillment of the court’s demands. The case highlights ongoing tensions over land use in protected zones, where private holdings mix with conservation needs. Environmental groups have backed the call for scrutiny, noting the refuge’s role in guarding coastal habitats, wetlands, and biodiversity. The area, a Ramsar site since 1995, supports coral reefs, beaches, and lowland forests vital for species like sea turtles.
The Sala IV will now decide on the request for external review, which could shape how Costa Rica enforces its environmental laws in similar disputes.
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