A good way to summarize the frantic activity in the days leading up to President Barack Obama’s historic visit to Costa Rica back in early May is by the use of onomatopoeia: THUD-THUD-THUD-THUD. Such is the distinct audio signature of a Sikorsky UH-60 Blackhawk helicopter as its massive rotor blades cut through the air, and it is what the skies over San Jose and its surrounding districts sounded like a couple of months ago.

President Obama’s visit provided a first-time opportunity for most Ticos to see and hear a Blackhawk helicopter in action, at least outside of seeing them on CNN broadcasts and Hollywood action films. Their loud noise, for the most part, blended in with the daily cacophony of San Jose, which is already one of the noisiest cities in Latin America. The Blackhawks were part of the massive security detail that accompanied President Obama, and they arrived in Costa Rica aboard Galaxy-type military cargo airplanes landing at the Juan Santamaria International Airport.

Once the Blackhawks were assembled and airborne, they became the talk of the town. Since Costa Rica has spent the last 123 years without an army, the presence of military aircraft was a novelty for most Ticos -although this could soon change. One man, however, was curious about how the helicopters got up there in the first place; after all, incursions by the U.S. military are required to be approved by the National Assembly in advance. President Obama’s Blackhawks were not approved by the legislature; their presence was instead authorized by Costa Rica’s Direction of Civil Aviation.

Disrupting the Right to a Peaceful Life

A concerned citizen filed a complaint before Costa Rica’s highest court, the Constitutional Chamber (often called “Sala Cuarta”), about the impropriety of a government agency issuing an arbitrary permit to a foreign military force to enter the country without first consulting the legislature and the people. On the day after the U.S. celebrated their independence, the Sala Cuarta justices unanimously agreed that the Blackhawks should not have entered Costa Rica’s airspace without legislative authorization from the National Assembly.

What is interesting about the high court’s decision on this matter is that the justices went beyond our Constitution to find rationale. The Constitution of Costa Rica does not explicitly provide for the people’s right to peace, but Sala Cuarta’s jurisdiction extends to matters of human rights. Therein lies the court’s argument in this case: The right to a peaceful life has been recognized by various United Nations resolutions, plus there is Costa Rica’s proclamation of a perpetual and unarmed neutrality since 1983 and the abolition of the army in 1949.

The Sala Cuarta justices also sternly reminded the Director of Civil Aviation about Article 121 of the Constitution, which states that the admission of foreign military forces into Costa Rica is a matter handled by the National Assembly and intrinsic to a peaceful life.

Snubbed Again

This court decision comes just days after the U.S. Coast Guard Cutter Sherman was denied permit for docking in Golfito as part of the Joint Patrol Agreement between Costa Rica and the U.S. In that case, the National Assembly did not get around to renewing docking permits for U.S. Coast Guard and Navy vessels under Joint Patrol provisions.

The Colombian Navy vessel Valle del Cauca, however, was recently docked in Caldera for several days since their permit to provide training to members of Costa Rica’s National Coast Guard Service is still valid.

Source: El Pais / EFE