Last week, in its decision over a challenge by Alfredo Ortiz
(member of legislative assembly for Galapagos) on the legitimacy of
the Galapagos National Park tourism concession process, the
Ecuadorian Supreme Court came down in favour of the Galapagos
National Park. This is a huge success for orderly and
transparent tourism management in Galapagos.
In an effort to clean up the tourism concessions process in
Galapagos, new regulations had been adopted with the intention of
giving everybody a fair chance at obtaining the right to operate
tourism activities in the islands, with a particular focus on ship
based tourism. This includes cruise ships, but also the
operation of inter-island transport, day trips and bay
tours. One provision of the regulations was
designed to reduce the accumulation of concessions within one
family, in an effort to spread the tourism wealth, so to
speak. Another provision gave a cut-off date of 1998 as the
last year new ships operating in Galapagos would be formally
recognized as being legitimate. In 1998, the Galapagos
Special Law was passed, regulating the introduction of new tourism
ships in Galapagos.
Mr. Ortiz introduced the King Marine, a tourist class ship
designed for day tours, to the Galapagos in 1999 - after the 1998
cut-off date. He failed to obtain a permit to operate
his ship based on this fact. He took the Park to court on its
decisions. The first court hearing reversed the Park's
decision, but subsequent appeals, all the way to the Supreme Court,
finally vindicated the Park. The King
Marine has also been involved in thinly veiled sports fishing
activities in Galapagos, a practice that is not explicitly
permitted.
CNH Tours is very pleased to see that the law in Ecuador was
upheld to the very end. Mr. Ortiz, known for his
populism and strong man tactics, was attempting to sow chaos and
uncertainty into a well designed and implemented tourism management
policy, and in so doing, intended on acquiring the right to operate
his ship. Such tactics are precisely those
that have led to set-backs in the government's attempts at ensuring
good tourism management in the islands. The Supreme
Court's decision should put this issue to rest once and for
all.
