Day 284 - 22 Oct 96 - Page 35
1 distinguish except in an artificial way.
2
3 As we have heard, in terms of indigenous peoples there are
4 in the so-called Sarado geographic regions, in, for
5 example, Mattogrosso del Sol, indigenous peoples, that land
6 belonged to or was the living area for indigenous people to
7 have been decimated partly, if not mainly, by the cattle
8 ranching industry. And that is outside of Amazonia.
9
10 So, first of all, I say the strict definition of rainforest
11 is less important than what is trying to be said in this
12 section, which in any event we would say has a general
13 concern for tropical forest, and that is the definition of
14 the area of concern in the fact sheet - lush green belt of
15 incredibly beautiful tropical forest. And if I can say
16 that what I consider to be the consideration that should be
17 made is the species-rich nature of the vegetation that has
18 been destroyed.
19
20 MR. JUSTICE BELL: What it seems to me you are saying is,
21 despite the use of the word rainforest, if you read all the
22 relevant parts it is destruction of tropical forest which
23 is the sting. Is that fair?
24
25 MR. MORRIS: Yes. I would say that the word 'rainforest' to me
26 is interchangeable with tropical forest. Until this case
27 when I started, you know, delving heavily into the
28 scientific definitions. Apparently, the scientists cannot
29 even agree amongst themselves on strict scientific
30 definitions. We are not talking about a scientific
31 document given out to scientists, we are talking about-----
32
33 MR. JUSTICE BELL: Suppose I disagree with you about that?
34 Supposing my reaction was different and I thought there was
35 a specific element in the word 'rainforest', you say,
36 'Well, however that may be if you actually read what it
37 says the sting is damage to tropical forest.' I am not
38 indicating whether I agree with you or not, but that is
39 what you say is it?
40
41 MR. MORRIS: Yes. For example, I think that it was Dr.
42 Carriere who said that the strict scientifically defined
43 rainforest in Costa Rica that some scientists define as
44 rainforest -- and some did not, or whatever -- was not the
45 most species-rich of the forests. I think he said the wet
46 forest was the most species-rich. We have also heard that
47 Mr. Cesca, when he had his expert advice before analysing
48 the vegetation of Costa Rica, was given no distinction
49 between wet and rainforest. He made a map in which he
50 identified a whole section as wet and rainforest. In terms
51 of, on his map -- which was Appendix 1 in this set of
52 documents which was in his briefcase -- there were only two
53 definitions Costa Rica in terms of humidity, if you like,
54 there was the dry forest and then there was the rain or wet
55 forest. The other forests were defined by whether they
56 were mountainous or sub-alpine, or whatever. So even by
57 Mr. Cesca's own definition, if you like, anything above dry
58 forest in terms of humidity would be defined as rain or wet
59 forest.
60
