For the first time in Venezuela, a citizen has been found guilty for damaging land inside a national park. In May 2001, Mr. Douglas Rafael Fonseca Aguilar was found guilty of illegally occupying territory inside Macarao National Park, in the area known as Cerro Ño Leon.
Mr. Fonseca had constructed buildings to be used as tourist accommodations inside the Park, which is legally protected as an Area Under Special Administration by Venezuelan law. The buildings were ruled an illegal encroachment into the Park. In addition, the court found that the construction caused damage to the Park\’s soil and groundwater.
The 4th District Environmental Attorney, Danilo Anderson, prosecuted Mr. Fonseca based on Articles 30, 43, and 58 of the Law of the Environment. This law regulates damages against the environment in Venezuela. Mr. Fonseca was charged with changing the flow of rivers, causing sedimentation, degrading soil quality, and damaging habitat. In addition, he was convicted of conducting illegal commercial activities within a national park and illegally occupying park lands. Fonseca was sentenced two years, five months in prison and will have to pay a fee of approximately US$ 15,000.
This is a monumental case for Venezuela\’s environmental movement. For the first time since its creation in 1992, the Law of the Environment is being upheld, and illegal activities inside national parks condemned and the perpetrators punished.
ParksWatch: September 2001