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The Regional Agreement on Principle 10 is binding

On March 4, representatives of 24 countries of Latin America and the Caribbean meeting in San Jose, Costa Rica, adopted the first binding regional agreement to protect the rights of access to information, public participation and access to justice in environmental issues The agreement adopted the character of binding, becoming an unprecedented legal instrument for the region. It was approved without reservation of the States and will require 11 ratifications for its entry into force.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

At the end of the Ninth Meeting of the Negotiating Committee of the Regional Agreement on Principle 10, government delegates, together with representatives of the public and experts from international organizations, agreed on the final text of the agreement. This text was negotiated since 2014, and it also enshrined the protection of human rights defenders in environmental matters.

A little history…

In June 2012, in the framework of the United Nations Conference on Sustainable Development, Rio + 20, ten countries signed the Declaration on the application of Principle 10 of the Rio Declaration on Environment and Development in Latin America and the Caribbean (the Declaration). This, recognized that the rights of access to information, participation and justice in environmental matters are essential for the promotion of sustainable development, democracy and a healthy environment. In addition, the Declaration committed signatories to explore the viability of a regional instrument to ensure the full implementation of access rights.

After two years of work, in November 2014 the signatory countries decided to start negotiating a Regional Agreement. A Negotiation Committee was created, which was formed by the signatory countries.

What is principle 10?

Principle 10 of the Rio Declaration seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters. This, in order to guarantee the right to a healthy and sustainable environment for present and future generations. The Declaration of Principle 10 is a major step forward in the region for stronger environmental governance.

Negotiations for the Agreement

The purpose of the negotiations for the Agreement was to deepen Latin American democracies, social cohesion, generate confidence in the decisions adopted, eliminate asymmetries and prevent socio-environmental conflicts. The aspiration of this treaty was to achieve a redefinition in the traditional relations of the State, the market and societies. It also sought to contribute to the implementation of the 2030 Agenda for Sustainable Development.

In 2015, with the first meeting of the Negotiating Committee for the Agreement, and after eight subsequent meetings; the representatives of the nations of Latin America managed to conclude the definitive text of the treaty that will adopt a binding character. The process of hard government work and civil society organizations, resulted in an instrument that improves the standards of access to information, participation and access to justice in environmental matters. The fact that it is binding speaks of a new level of commitment assumed by the governments of the region and guarantees the protection of environmental defenders.

Along the way to reach the Regional Agreement, civil society played a very important role in terms of recommendations for the final text. It was before the eighth meeting (held at the end of 2017), when the civil society organizations expressed their concern about the progress of the negotiations and demanded from the governments a greater commitment to effectively guarantee the rights under discussion. The security situation for environmental defenders became a turning point to demand that the agreement be transformed into a legally binding instrument capable of reversing this situation.

The ninth and last meeting…

As mentioned, the Ninth Meeting for the Negotiation of the Regional Agreement was the last and resulted in the adoption of a final text and in the realization of a binding instrument. In that sense, it became a tool at the regional level that will serve for the protection of environmental defenders and their rights. This is extremely important since one of the main causes of socio-environmental conflicts in Latin America and the Caribbean is the lack of environmental information. Likewise, one of the main consequences of these conflicts is violence, persecution and assassination of environmental defenders. This Agreement then comes to fulfill the first mandate of the negotiations: “Prevent socio-environmental conflicts”.

Other important elements to be included in the Agreement were highlighted before this meeting. One of them was to strengthen the definitions that were still pending such as rights of access, authority and fundamentally that of environmental defenders. Another necessary issue was to define what includes access to environmental information (included in article 2, Inc. c). It is important that the instrument include a broad definition with a list of elements that constitute this type of information (enshrined in Article 6 of the final text). Similarly, with the definition of people and / or groups in vulnerable situations (enshrined in Article 2, Inc. e of the final text). Finally, another relevant point was to include the participation of the public in the structure of what the implementation of the Agreement will be like the Conference of the Parties and the Facilitation and Follow-up Committee. This last element was reflected in article 15, urging the Conference of Parties to define the modalities of public participation (however, public participation is not included as the structure of the Conference). The text of the treaty states that the Agreement will be open for signature by all the countries of Latin America and the Caribbean at the United Nations Headquarters in New York from September 27, 2018 to September 26, 2020. Likewise, It will be subject to ratification, acceptance or approval by the States that have signed it. The ratification of 11 nations will be needed for its entry into force.

The result of the negotiations will allow countries to commit themselves to implement this agreement in their respective territories in a concrete manner. With an agreement without the binding nature that obliges States to implement this Agreement, the rights of access to information, participation and justice would not be assured with certainty.

We celebrate the evolution of this process, highlighting the importance of this agreement to achieve better and more solid democracies. Likewise, we consider that a large part of the environmental problems of the region (related to extractive industries and large infrastructure projects) may find a solution after the implementation of this Regional Agreement.

Más información

Authors

Agustina Palencia

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

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Advisory Opinion of the IACHR on the environment and human rights

Following a request made by the State of Colombia on March 14, 2016, for the first time the Inter-American Court developed the content of the right to a healthy environment in its Advisory Opinion OC-23/17 on “Environment and Human Rights”, notified on February 7.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

In this document the Court recognized “the undeniable relationship between the protection of the environment and the realization of other human rights“, highlighting the interdependence and indivisibility that exists between human rights, the environment and sustainable development. Therefore, it understands that all rights are vulnerable to environmental degradation, and its full enjoyment depends on an appropriate environment.

In the inter-American human rights system, the right to a healthy environment is expressly enshrined in Article 11 of the Protocol of San Salvador, which establishes the right of everyone to live in a healthy environment and to have basic public services, and the consequent obligation of the States to promote the protection, preservation and improvement of the environment.

In addition, this right is also considered included among the economic, social and cultural rights protected by Article 26 of the American Convention.

The Court clarified that “the human right to a healthy environment has been understood as a right with both individual and collective connotations. In its collective dimension, [..] constitutes a universal interest, which is due both to present and future generations. However, […] it also has an individual dimension, insofar as its violation can have direct or indirect repercussions on people due to its connection with other rights, such as the right to health, personal integrity or life, among others. The degradation of the environment can cause irreparable damage to human beings, so a healthy environment is a fundamental right for the existence of humanity.”

The Advisory Opinion also determined the state obligations for the protection of the environment.

With respect to jurisdiction, States must respect and guarantee the human rights of all people and this may mean, depending on the case in particular and exceptionally, situations that go beyond their territorial limits. In the same sense, States have an obligation to avoid transboundary damage.

In particular, in order to respect and guarantee the rights to life and integrity, it determined that States must comply with the following obligations and principles:

Obligation of prevention: means to prevent significant environmental damage, inside or outside its territory, which implies that they must regulate, supervise and supervise the activities under their jurisdiction, carry out environmental impact studies, establish contingency plans and mitigate the damage that has occurred;

Principle of precaution: States must act in accordance with the precautionary principle against possible serious or irreversible damage to the environment that affects the rights to life and personal integrity, even in the absence of scientific certainty;

Obligation of cooperation: involves cooperation with other States in good faith for protection against significant environmental damage. From this are derived:

  • The obligation to notify potentially affected States of possible significant environmental damage caused by activities carried out under their jurisdiction;
  • The duty to consult and negotiate with the potentially affected States;
  • The duty to ensure the exchange of information between States;

Procedural Obligations: These are obligations that support a better formulation of environmental policies. Among them, States have to ensure:

  • Access to information: guarantee access to information on possible effects on the environment;
  • Public participation: guarantee the right to public participation of people, in making decisions and policies that may affect the environment.
  • Access to justice: guarantee access to justice, in relation to state obligations for the protection of the environment.

It is remarkable that the IACHR determines the content and scope of the procedural obligations, since they are in line with the provisions of Principle 10 of the Rio Declaration on Environment and Development. This principle seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters, in order to guarantee the right to a healthy and sustainable environment for present and future generations. In this sense, FUNDEPS, together with several civil society organizations, actively participates in the negotiation process to obtain a Regional Agreement on Principle 10, considering that its concretion will allow strengthening capacities to deal with environmental challenges in the region. .

This Advisory Opinion arose because of Colombia’s concern regarding the “risk” that new major infrastructure projects will seriously affect the marine environment in the region. Everything provided by the Court will allow Colombia to continue advancing in the effective protection of the environment in the Greater Caribbean and the rights and interests of Colombians.

Beyond the effects that the document may have for the State that requested the Opinion, we understand that it constitutes a significant advance in terms of environmental protection for all American States, as it provides interpretative guidelines and completes the sense of the rights contained in the Covenant.

More information

– See the full resolution

Author

Mayca Balaguer, maycabalaguer@fundeps.org

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Court filings for contamination in Chacra de la Merced

“A continuación, ofrecemos una versión de traducción de Google del artículo original en español. Esta traducción no es precisa pero sirve como una presentación general del artículo. Para más información, contactar directamente en inglés y/o español a la persona mencionada al final de este artículo con respecto a este tema “

From FUNDEPS we requested the participation as “Friend of the Court” and as private plaintiff in civil and criminal cases, respectively, initiated against a tannery that operated illegally at the height of km. 3 and 1/2 of the Chacra de la Merced road.

The past month of December formally presents an Amicus Curiae in the titled cars “Foundation of Third Generation C / Jolaga SRL – Environmental Protection”, (File 6229513) that is processed before the Civil and Commercial Court and the 45th Nomination of this city, for carry out the legal claims of the Court on the environmental damage caused by the contaminating activity of the JOLAGA tannery establishment SRL and the obligation that it has on it to recompose the environmental damage caused to the Suquía river.

The environmental protection initiated in February 2017 is aimed at the use of the activity developed for the establishment of wounds and the recomposition of the environmental damage caused.

All this is based on the illegal dumping of waste and residues in the Suquía River, on the Chacra de la Merced highway, km 3 1/2, by the establishment of JOLAGA SRL tanneries, owned by Jorge Ricardo Gawuryn and Ariel Gawuryn. , there has been a clear violation of the General Law of the Environment No. 25,675 and the Provincial Environmental Policy Law No. 10,208, which affects the rights of constitutional roots – right to a healthy environment – art. 41 CN -, right to health, right to life, not only of the population of the affected area but also of the entire community of the province of Córdoba.

In addition, due to the illegal and clandestine activity of possession, a criminal proceeding was initiated that culminated with the closure and with the imputation of tango owners JOLAGA SRL, Jorge Ricardo Gawuryn and Ariel Gawuryn, for the crime of continued environmental pollution, as co-authors, in accordance with the provisions of articles 55 of the Hazardous Waste Law 24,051, and 45 and 55 of the Criminal Code.

According to the investigation, the establishment operated almost ten years ago despite the complaining repetitions of the neighbors, throwing polluting substances into an open-air lagoon in the company’s facilities, and then they would have thrown them into an adjoining land, through of a pump drain. All these properties drain, by simple gravity, into the Suquía River.

As a foundation that promotes and encourages the realization of the right to a healthy and balanced environment, we consider that the contamination and environmental damage caused by the holders of privacy is a violation of these rights that we defend. For this reason, it requests the participation of a private prosecutor to promote the process and help the Public Prosecutor’s Office in the criminal investigation.

The neighborhood of Chacra de la Merced is located at the eastern end of the city of Córdoba, about 150 meters from Circunvalación Avenue and 200 meters from the Suquía River. For more than two decades it was part of the green belt of the city of Córdoba, today it has multiple sources of contamination. The worst thing is the Edar Bajo Grande wastewater treatment plant that has been dumping sewage into the Suquía River for years with poor treatment and even without treatment.

Other polluting industries are also sought, among them, such as JOLAGA SRL, quarries, lagoons produced by the extraction of aggregates converted into open air dumps, among others.

In this context almost 300 families live and the area has been declared in recent years in “environmental emergency” by the Municipality of Córdoba. However, there is no final non-compliance with the measures and actions provided, leaving the neighborhood forgotten in a “pollution river”.

In order to protect the fundamental rights of the residents of the neighborhood, a change of attitude was proposed to avoid impunity and the secrecy of this type of polluting activity. the mercy.

Source of images

La Voz del Interior

More Inforamtion

– Investigan contaminación con un carcinógeno en las cercanías de Suquía,  La Voz del Interior

–  Amicus curiae en causa “Fundación de Tercera Generación C / Jolaga SRL – Protección Ambiental”

– Demandante privado en causa “Acciones talladas arrojaron contaminantes cerca del río Suquía”

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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Towards a regional agreement on environmental human rights

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

In 2015, negotiations began on the regional agreement on access to information, participation and justice in environmental matters. From that moment on, meetings of the Negotiating Committee took place, in which the text proposals of the countries regarding the preliminary document of the regional agreement were discussed, reviewed and approved. This document consists of a preamble and twenty-five articles.

This process was initiated at the United Nations Conference on Sustainable Development (Rio + 20) in 2012, with the Declaration on the Application of Principle 10 of the Rio Declaration on Environment and Development. In November 2014, the countries approved the Santiago Decision, through which they began the negotiation of a regional instrument on access to information, public participation and access to justice in environmental matters in Latin America and the Caribbean. . This, with significant public participation and the support of ECLAC, in its capacity as Technical Secretariat. The Declaration currently has 24 signatory countries, with the recent incorporation of Saint Lucia and is open to the accession of all the countries of Latin America and the Caribbean.

In the Seventh Meeting of the Committee, held in Buenos Aires from July 31 to August 4, 2017, the articles on Access to Information and Public Participation (6th, 7th and 8th) were agreed upon. However, representatives of society were quick to show their concern about the serious setback in the progress of the negotiations. After this seventh meeting, civil society made the following recommendations to be able to guarantee the correctness of the negotiations:

1. The participation of the UN and IACHR rapporteurs related to these rights, since the standards of the Inter-American Human Rights System on the rights of access to information, participation and environmental justice could be weakened by the agreements to which they are arriving in the negotiations of Principle 10.

2. The evaluation by governments and ECLAC of the degree of progress and regressivity of the text that has been negotiated so far between the countries, since standards achieved at the national level in some countries and at the regional level have been reduced.

3. Link the Regional Agreement of Principle 10 and the 2030 Agenda, so that there is integration and coordination of both initiatives. Therefore, it is necessary that there are reports of compliance with the SDGs in our countries where information related to actions for the better implementation of Principle 10 is included.

4. Do not go back on the regime of exceptions that has been introduced into the text, which allows States more possibilities to deny information to citizens, but to guarantee the dissemination of the greatest amount of environmental information, such as pollutant emissions and studies. of environmental impact. In addition, recognize indigenous monitoring and monitoring, as a form of legitimate participation, an indispensable preventive measure to avoid environmental damage. Also, recognize the broad active legitimacy, which allows any person or group access to justice to protect the environment.

5. Include in the text, the duty of the states to GUARANTEE the rights of access to information, participation and environmental justice, and not use verbs such as “facilitate, promote and encourage”, thus contravening the current standards of rights humans.

6. A Regional Agreement on Principle 10 that is BINDING, that clearly incorporates the intercultural and gender approach in favor of vulnerable populations, especially indigenous peoples, and human rights defenders, in recognition of the reality of violence that they are facing in our countries of Latin America and the Caribbean.

In this regard, at the opening of the eighth meeting, Andrea Sanhueza elected representative of the public, said: “We have reached a turning point. This is the last opportunity to amend the course and return to the original spirit of the process. We can not allow environmental and social rights to remain the poor relatives of sustainable development. That is also why the agreement must ensure the protection of environmental defenders.”

Finally, that was one of the main results of the meeting, as the countries agreed to consecrate the protection of people who fight for the defense of human rights in environmental matters in the future regional agreement.

This means that the signatory countries were obliged to guarantee the recognition, protection and promotion of their rights to freedom of opinion, freedom of assembly, peaceful association, freedom of movement and the free exercise of their rights. The situation of defenders Environmental impacts in Latin America have been getting worse as the years have gone by. During 2016, more than 200 environmental defenders lost their lives in an effort to demand their rights violated. 60% of these cases were registered in the Latin American region. The fact that during the last negotiations of the Regional Agreement, it has been possible to incorporate an article that protects these people, is fundamental when it comes to advancing towards the effective guarantee of Human Rights.

At the meeting, other important advances were made on the final text of the regional instrument. Among them were articles on access to justice in environmental matters, and on capacity building and cooperation, and also approved most of the general obligations.

In addition, the main objective of the Agreement was approved, which seeks to “guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in decision making and access to justice in environmental matters. , as well as the creation and strengthening of capacities and cooperation, contributing to the protection of the right of each person and of present and future generations to live in a healthy environment and sustainable development “.

On the occasion of the meeting, experts from the UN issued a communiqué urging governments to adopt a firm agreement on environmental rights. “It is crucial that the governments of the region act in solidarity and accept legally binding norms to protect human rights and the environment,” they said.

At the end of the eighth meeting, the participants recognized the significant consensus and definitions reached on the text compiled by the Board of Directors in this week of negotiations and agreed to continue with the discussion of the articles still pending from the legal document (11 to 25) during the following meeting, which will be held in the first quarter of 2018 in San José, Costa Rica.

More information

– Pronouncement of civil society organizations

– Press release from the Office of the United Nations High Commissioner for Human Rights

– Message from the elected representatives of the public – Principle 10

Authors

Noelia Salvia

Agustina Palencia

Contact

María Perez Alsina <mariaperezalsina@fundeps.org>

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Complaint for illegal environmental activities in Alta Gracia

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

 

Last Thursday, October 19, we made a presentation to the Environmental Police Department denouncing alleged illegal activities developed in the Potrerillo de Larreta Country Club located in the city of Alta Gracia. Apparently, during the last weeks of September and the first weeks of October, large-scale geomorphological injury actions were carried out in the country inn sector in the “Los Paredones” stream; consisting of dredging, deepening and expansion of the reservoir in order to increase the exploitation of the water of the stream by the Country.

They signify a clear violation of the provincial environmental policy law, since in order to carry out this type of works it is necessary to previously complete the Environmental Impact Assessment (EIA) process, foreseen in Annex I, subsection 31 of Law 10.208 , which includes the holding of public hearings prior to the granting of the corresponding environmental license, a procedure that has not been completed in this case.

It is worth remembering that since 2012 the Potrerillo de Larreta Country Club has been involved in a judicial process against the province of Córdoba, for the enclosure of almost 4 km of the same stream restricting free transit to third parties and the use of it by the entire community, mainly alleging security reasons. In this instance, together with the collective “Todos por Nuestros Arroyos” we present an Amicus Curiae invoking the character of public good of the stream and the illegitimacy of the fences, finding the next cause to issue a sentence.

Without prejudice to this, the illicit actions continue and are part of a long-standing problem in Alta Gracia that involves particular interests to the detriment of the fundamental rights of all inhabitants. The enclosure of rivers, streams and lakes of provincial dominion by the owners of the estates adjacent to them, constitutes a clear illegitimate act that violates, among others, the right to free transit, the use, enjoyment and use of public domain waters and the constitutionally recognized human right of access to water.

From FUNDEPS we made this presentation hoping to contribute to an adequate protection of the environment as a collective good and to guarantee the respect of rights of collective incidence over individual rights.

More information

Presentation to protect the environment against individual interests in Alta Gracia | FUNDEPS

Author

Noelia Salvia

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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Supreme Court confirms Ituzaingó ruling: agrochemicals SI make us sick

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

 

One of the major socio-environmental conflicts facing the province of Cordoba due to the expansion of the agricultural frontier is the application and irregular use of agrochemicals in fields close to homes, neighborhoods, schools or other human settlements. constitutes a great risk to the health of the exposed communities.

A case in point of affecting the human right to a healthy environment and health is that of neighbors and neighbors of Barrio Ituzaingó Anexo, who have been demanding respect for their rights for more than ten years. This neighborhood is located southeast of the City of Cordoba, bordering the north with an industrial zone and bordering with rural areas to the north, east and south. There are approximately 5000 people, who live in 1200 houses in 30 blocks.

In March 2002, it was the first time that a group of mothers worried about the health situation in the neighborhood began to complain to the authorities for the analysis of diseases and possible contaminants. This process of struggle that began since then was carried out by the group “Madres de Barrio Ituzaingó.

Although the process was long, as a result of the social struggle, neighbors and neighbors gained access to potable water through running water, building the Primary Health Care Unit, creating the Provincial Registry of Tumors and thus also achieved normative advances in environmental matters. In this last aspect, municipal ordinances were issued that established the “sanitary and environmental emergency” and prohibited aerial and terrestrial fumigations to less than 2,500 meters of any dwelling or group of dwellings), that finally resulted in the prohibition of fumigations throughout the ejido of the city (ordinances n ° 10505/2002, 10589/2003, 10590/2003).

The judicial process began in 2008 when neighbors made complaints denouncing the existence of diseases, abortions and malformations attributed to the fumigations that were carried out in the fields adjacent to their homes. After a lengthy judicial process, in August 2012 the First Criminal Chamber issued an unprecedented ruling on environmental pollution due to the use of pesticides in urban areas, condemning a producer and an agroaplicor pilot. On September 12, the Supreme Court of Justice was issued regarding the complaint filed by the defendants, rejecting the request and confirming the decision of the Crime Chamber.

We welcome the resolution issued by the Argentine Supreme Court and set a precedent for similar cases in which communities are violated their fundamental rights by the irregular application of agrochemicals. In this context, we also consider it necessary to comply with local regulations that have created zones of environmental protection and restrictions on the use of agrochemicals (such as Alta Gracia in which we work). Along these lines, we support the establishment of a national law on minimum environmental budgets, referring to the regulation of distances for the application of agrochemicals guided by the precautionary principle, which will establish a reference framework that will safeguard the fundamental rights to the environment and health.

More information

 – Public Health Driven by Agribusiness | El Entramado

Contact

 Male Martinez Espeche, malemartinez@fundeps.org

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Amicus curiae in the process of guardianship of the Great Marsh of Santa Marta (Colombia)

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

 

We made a presentation before the Constitutional Court of Colombia to bring to the court legal arguments about the obligation of the state of the protection of the Great Marsh of Santa Marta. This Ciénaga is a deltaic system of wetlands located to the north of Colombia and is considered one of the most productive ecosystems of the Caribbean for its important hydrological and ecological characteristics. Despite their protected status, the Ciénaga and the fishermen who inhabit it have suffered for years the significant decrease in freshwater that feeds the ecoregion and the inadequate handling of soils and water basins. The deterioration of the Ciénaga is due to a structural crisis that has not been properly addressed by the different entities with competence in the area.

Faced with violations of fundamental rights, environmental degradation and the inaction of the competent authorities, on November 10, 2016, two inhabitants of the Palafitic peoples who live in the Ciénaga filed a protection action in coordination with Dejusticia. The action was filed against 26 public entities of the Colombian national and local order, as well as against private companies. The guardianship action focuses on three issues. The first of these consists of the excessive use of the water sources and the lands of the swamp by the agroindustry and the omission in the duty of control by the authorities. They have built dykes, dried up terrain, diverted rivers, but the response of the authorities has been insufficient. The second, addresses the lack of proper maintenance and dredging of rivers and streams that feed freshwater to the marsh. Although millions of contracts have been signed to carry out these activities, few results are visible. Finally, the tutelage warns about the infrastructure projects that are planned to be built on the ecoregion.

The 25 of November of 2016 the guardianship was admitted, the judge of first instance denied the action alleging its improbency. It was considered that, although the great deterioration of the Cienaga was evident, this situation had been attended through a popular action previously promoted by another citizen. This decision was contested and the ruling was confirmed in second instance on February 16, 2017 by the Civil and Agrarian Cassation Chamber of the Supreme Court of Justice of Colombia. In April of this year the case reaches the Constitutional Court of Colombia. In this instance we present an amicus curiae (Latin expression that refers to a friend of the court or friend of the court). The latter is a presentation made by a third party outside the litigation, where they voluntarily offer legal and / or technical arguments to collaborate with the court before the sentence.

We consider that the case requires a structural response, in which the different entities with competence over the region participate and dialogue, always guaranteeing the participation of the communities. We believe that this is an ideal case to carry forward a model of dialogic justice in Colombia, to seek a structural solution to the problem, to hold public hearings where all parties involved have the possibility of being heard and that control is carried out active by the State. Similar statements have been made in cases in which we have been working as in the situation of contamination of the treatment plant for liquid effluent from the Bajo Grande WWTP or in the conflict over the operation of the Porta plant.

Wetlands are an important food, shelter and breeding site for a wide variety of wild species, and their protection and conservation are of particular importance. In addition, there are numerous international treaties that require active policies to protect the environment and the communities that live there. The Constitutional Court has the opportunity to establish clear guidelines regarding the protection of the human right to a healthy environment for a site of key environmental importance, as well as for vulnerable populations. In this sense, it is necessary that the Court and civil society follow up judiciously and permanently to the orders that are given in the sentence to verify the situation of the affected communities.

We support and promote the initiatives of participation of all the actors in the structural processes of modification of public policies.

Image credit

Dejusticia

More information

Constitutional Court has last word to save Big Marsh of Santa Marta | Dejusticia

Contact

Victoria Gerbaldo – victoriagerbaldo@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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One of lime and one of sand in the case against Porta Hnos.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

 

On Monday, August 7, we attended the public hearing convened by Federal Court No. 3 by Dr. Hugo Vaca Narvaja in the amparo promoted by neighbors Barrio Ne Antonio and Inaudi against the Ministry of Energy and Mining of the Nation And the company Porta Hnos. They had the opportunity to speak on behalf of the Public Prosecutor’s Office representing the interests of children and the State Attorney’s Office.

The amparo involving more than 25 neighbors and residents of San Antonio and other people of the Citizens’ Assembly “NEIGHBORHOODS IN DEFENSE OF A HEALTHY ENVIRONMENT – VUDAS” was filed against the Ministry of Energy and Mining of the Nation Of Hydrocarbon Resources) requesting the closure and final closure of the bioethanol plant of Porta Hnos SA They base their claim by stating that the company does not have the legal authorization to prepare biofuel (bioethanol) which should have been granted by the said secretariat and for not having concluded, prior to its entry into operation, the Environmental Impact Assessment process. Subsidiarily, amparists request the cessation of environmental pollution that the activity produces and irreparably affects the environment and the health of neighbors.

It is inexplicable the absence by the State in its different levels of government: national, provincial and municipal, both at the time of urban planning, to ensure compliance with current environmental standards and at the public hearing to listen to the parties and express Your position. But more inexplicable is that it was not the first time. At the end of April of 2015 the local group came to be chained in the headquarters of the Municipality of Cordova to obtain an audience with the intendant Ramón Mestre. They were forced to extreme acts to fulfill their right to be heard and to go to the authorities. Again an absent state.

But not everything has been unfortunate. We had the opportunity to accompany neighbors in this unprecedented audience for Cordoba. Initially, a conciliation hearing was scheduled under the federal law with the characteristic that it was going to be public. The judge then changed the character of the hearing to an information type imitating the proceedings of the Supreme Court of Justice of the Nation in the “Mendoza” case on environmental pollution of the Matanza – Riachuelo River. Having even arranged a mechanism for the participation of third persons, from FUNDEPS we register to take the floor. Finally, between roosters and midnight the judge again changed the character of the hearing to a conciliation so we could only participate as a public.

We emphasize the need to guarantee the right to information, participation and dialogue between the parties involved with the authorities with competence in urban planning, environmental territorial management, control of anthropic activities, setting and control of standards and norms. We also emphasize the importance of taking into account the hazards of this type of industry in light of the precautionary principle and prevention that governs environmental matters (article 4 LGA), because it is located in a residential neighborhood.

At the hearing, where the judge had broad powers to direct it, neighbors had the opportunity to tell the before and after that involved the installation and expansion of the company Porta Hnos and the consequences it brought in its health and quality of life. Then the lawyers, the Public Ministry of Defense and the Prosecutor’s Office were given the floor for fifteen minutes. We consider this instance to be very valuable as it strengthens transparency, citizen participation and public dissemination of this socio-environmental conflict antecedent to Cordoba as the possibility given by the Court to the neighbors.

We believe that it is important to emphasize in these cases the role of the judges in order to guarantee the fundamental rights of present generations and future generations. This is an ideal case to carry out a model of dialogic justice, to seek a structural solution to the conflict, through. The court has the opportunity to establish clear judicial guidelines that address the protection of fundamental rights, such as the human right to a healthy environment, to the health and life of the neighbors of Barrio San Antonio and Inaudi. We trust that this instance allows the claim of neighbors to be effectively heard and that the State, at its different levels, recognize, investigate and solve a complex socio-environmental situation.

Author
Victoria Gerbaldo, <victoriagerbaldo@fundeps.org>
Contact
Juan Carballo, <juanmcarballo@fundeps.org>
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Argentina hosts the 7th Meeting of Negotiation of the Regional Agreement on Principle 10

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

July 31 was the first day of meeting in which governmental authorities from 24 countries in Latin America and the Caribbean, international experts and representatives of civil society resumed negotiations on the regional agreement on Principle 10.

The event was inaugurated by representatives of the government of Argentina, representatives of the public, the Deputy Minister of Environment of Costa Rica – a country that co-chairs the process with the government of Chile – and the Director of the Division of Sustainable Development and Human Settlements of ECLAC .

We emphasize that, from the Argentine government, the Minister of Foreign Affairs and Worship, Jorge Faurie said that “Argentina supports this initiative and invites all countries of Latin America and the Caribbean to join this process of negotiation so that, With the collaboration of each one – States parties and civil society -, an agreement will be reached that will benefit the region and all its inhabitants.” We welcome the words expressed by the representative of Argentina as he affirms the need to work together with representatives of civil society and to concretize this agreement whose process began in 2012.

In addition, public representatives – Andrés Napoli and Danielle – pointed out that “effective access to environmental information, participation and justice is essential for democracy and natural resource governance, and characterized as solid the process and negotiations reached until the moment.”

This seventh negotiating meeting is scheduled to discuss capacity building for the implementation of the future agreement (Article 10), national actions undertaken by countries signatory to the Declaration on the implementation of Principle 10 and activities carried out by the Technical Secretariat; And the continuation of pending negotiations between them, the administrative, financial and budgetary implications (articles 11 to 25).

As representatives of civil society, we believe that the adoption of a regional agreement, which establishes essential standards in access rights, will strengthen capacities to deal with environmental challenges in the region, and will provide greater equality and environmental sustainability for Latin America and the Caribbean. Caribbean.

Follow the meeting live

More information

– We support the declaration of Principle 10 and the objectives of sustainable development | FUNDEPS

– Seventh Meeting of the Negotiating Committee | Principle 10

Contact

Male Martínez

malemartinez@fundeps.org

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Youth committed to the environment

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

Within the framework of the Environmental Leaders program, the objective is to generate a discussion area in order to promote representative spaces of the Cordovan youth committed against climate change and environmental themes.

This table of dialog each of the representatives of civil society organizations share opinions, ideas and proposals for the city and province of Cordoba that make up the current concerns and themes of the environmental agenda; And joint activities were designed to work together.

We emphasize that the objectives of this initiative are: to promote a space of positioning with regard to conjunctural themes with a view of participation and particularly young; And to build capacity building among youth, Young Córdoba Agency and the Secretariat of Environment and Climate Change of the province of Cordoba.

We celebrate and support the realization of this type of initiative, as they reflect the opportunity for articulating different proposals, activities and actions of civil society organizations together with spheres of government in pursuit of the construction of guidelines for more sustainable public policies In environmental matters, as well as the strengthening of a participatory democracy open to dialogue, listening and working together.

Authors

María Elena Martínez Espeche

Juan Bautista López

Contact

María Elena Martínez Espeche – malemartinez@fundeps.org

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Help us Protect Communities Affected by Agrochemical Use

FUNDEPS has started a crowdsourcing campaign to assist local communities in Cordoba, Argentina, affected by the intensive use of Agrochemicals (pesticides and fertilizers). From June 12th to 30th, you can help us by donating through  Global Giving.

ccording to the UN Report of the Special Rapporteur on the Right to Food (2017), pesticides are responsible for an estimated 200,000 acute poisoning deaths each year. Almost all of these deaths (estimated at 99%) occur in developing countries where legal regulations concerning health, safety and the environment are weaker or less strongly enforced. Agro-chemical spraying of pesticide and fertilizers, implemented by air or ground, have become severe health and environmental hazards for the populations exposed. This is particularly the case when the spraying occurs in the surroundings of neighbourhoods, schools or homes, underscoring the need for environmental protection.

Since 2013, FUNDEPS has been working with communities in Córdoba affected by an intensive exposure to agro-chemical use, in the neighbouring areas. This is a complex problem in all of Argentina, but particularly in Cordoba, a province that relies in agricultural production.

The different aspects of this problem can be seen in:

* The lack of public information on the health risks and effects of the irregular use of agrochemicals, which violates the human right to health and to a safe environment.

* The increased health problems connected to the agro-chemical exposure, such as asthma, allergies, cancer, infertility, abortion and neurological problems, which predominantly affect children, pregnant women, the elderly and rural workers and their families.

* The downplaying of risks and facts, which leads to the rejection of the official complaints of members of the communities by governmental bodies.

Having worked in this area for many years, we have seen a clear need to assist the communities affected by these issues, helping them to guarantee their right to health and to a safe environment. With these ideas in mind, FUNDEPS has launched its first crowdsourcing campaign in the Global Giving platform.

Global Giving is the first and largest global crowdfunding community that connects nonprofits, donors, and companies in nearly every country around the world. Global Giving works to ensure that nonprofits access the tools, training, and support they need to be more effective and make our world a better place. Since 2002, almost 600,000 donors (corregir en español) have raised over $250 million USD in 165 countries.

Our Project ‘Protecting communities exposed to agrochemicals’ aims to strengthen the rights to health and to a safe environment of the local communities affected by the intensive use of agrochemicals. The funds raised will help us increase our work with these communities, and particularly to develop the following activities:

* To organize workshops and trainings to empower the affected communities to understand the risks associated with these activities and the regulations that protect their rights to health and a safe environment;

* To push for the enforcement of the current regulations, and to work for better legal frameworks.

* To conduct research to gather data and information regarding the effects and reach of this problem in the region.

Why Donate?

Your donation will contribute to improve the environment and health of the local communities in Cordoba, through an increased advocacy work, together with the empowered communities.

Your contribution will help us continue to develop our work with the communities, which we have been conducting for many years and has been verified by Global Giving. You will be able to send and receive messages with updates on the implementation.If you are not satisfied with your donation to our project, you will be able to re-direct it to another project of your choice.

What will happen with your donation?

 * $10 (USD) can provide families with information on their health and environmental rights.

* $25 (USD) can support one member of the FUNDEPS team to travel to the rural communities to meet with people negatively affected from exposures.

* $50 (USD) can support one workshop to empower the community to fight for their right to a healthy and safe environment.

* $100 (USD) can support academic research of the impacts on health of exposure to agrochemicals in Falda del Carmen.

* $200 (USD) can support research and development of protective local legislation.

* $250 (USD) can provide one family with technical assistance when filing a complaint to the government.

* $300 (USD) can support a media campaign to share the story of those impacted and demand stricter laws.

How to donate?

 1. Click here

2. On the right side of the page, select an amount and follow the steps. You can donate using your credit card or PayPal.

ccording to the UN Report of the Special Rapporteur on the Right to Food (2017), pesticides are responsible for an estimated 200,000 acute poisoning deaths each year. Almost all of these deaths (estimated at 99%) occur in developing countries where legal regulations concerning health, safety and the environment are weaker or less strongly enforced. Agro-chemical spraying of pesticide and fertilizers, implemented by air or ground, have become severe health and environmental hazards for the populations exposed. This is particularly the case when the spraying occurs in the surroundings of neighbourhoods, schools or homes, underscoring the need for environmental protection.

Since 2013, FUNDEPS has been working with communities in Córdoba affected by an intensive exposure to agro-chemical use, in the neighbouring areas. This is a complex problem in all of Argentina, but particularly in Cordoba, a province that relies in agricultural production.

The different aspects of this problem can be seen in:

* The lack of public information on the health risks and effects of the irregular use of agrochemicals, which violates the human right to health and to a safe environment.

* The increased health problems connected to the agro-chemical exposure, such as asthma, allergies, cancer, infertility, abortion and neurological problems, which predominantly affect children, pregnant women, the elderly and rural workers and their families.

* The downplaying of risks and facts, which leads to the rejection of the official complaints of members of the communities by governmental bodies.

Having worked in this area for many years, we have seen a clear need to assist the communities affected by these issues, helping them to guarantee their right to health and to a safe environment. With these ideas in mind, FUNDEPS has launched its first crowdsourcing campaign in the Global Giving platform.

Global Giving is the first and largest global crowdfunding community that connects nonprofits, donors, and companies in nearly every country around the world. Global Giving works to ensure that nonprofits access the tools, training, and support they need to be more effective and make our world a better place. Since 2002, almost 600,000 donors (corregir en español) have raised over $250 million USD in 165 countries.

Our Project ‘Protecting communities exposed to agrochemicals’ aims to strengthen the rights to health and to a safe environment of the local communities affected by the intensive use of agrochemicals. The funds raised will help us increase our work with these communities, and particularly to develop the following activities:

* To organize workshops and trainings to empower the affected communities to understand the risks associated with these activities and the regulations that protect their rights to health and a safe environment;

* To push for the enforcement of the current regulations, and to work for better legal frameworks.

* To conduct research to gather data and information regarding the effects and reach of this problem in the region.

Why Donate?

Your donation will contribute to improve the environment and health of the local communities in Cordoba, through an increased advocacy work, together with the empowered communities.

Your contribution will help us continue to develop our work with the communities, which we have been conducting for many years and has been verified by Global Giving. You will be able to send and receive messages with updates on the implementation.If you are not satisfied with your donation to our project, you will be able to re-direct it to another project of your choice.

What will happen with your donation?

 * $10 (USD) can provide families with information on their health and environmental rights.

* $25 (USD) can support one member of the FUNDEPS team to travel to the rural communities to meet with people negatively affected from exposures.

* $50 (USD) can support one workshop to empower the community to fight for their right to a healthy and safe environment.

* $100 (USD) can support academic research of the impacts on health of exposure to agrochemicals in Falda del Carmen.

* $200 (USD) can support research and development of protective local legislation.

* $250 (USD) can provide one family with technical assistance when filing a complaint to the government.

* $300 (USD) can support a media campaign to share the story of those impacted and demand stricter laws.

How to donate?

 1. Click here

2. On the right side of the page, select an amount and follow the steps. You can donate using your credit card or PayPal.

3. Please note that Global Giving will automatically add a 15% extra to contribute to their work. You can reduce or increase the percentage, by clicking on the arrow in the left side of the screen.

Is it safe to donate on the internet?

Yes, Global Giving is a platform dedicated to receive small donations for NGO projects from all over the world. It is the leading platform in the area, and uses secure servers throughout.

Contact

Carolina Tamagnini, carotamagnini@fundeps.org

3. Please note that Global Giving will automatically add a 15% extra to contribute to their work. You can reduce or increase the percentage, by clicking on the arrow in the left side of the screen.

Is it safe to donate on the internet?

Yes, Global Giving is a platform dedicated to receive small donations for NGO projects from all over the world. It is the leading platform in the area, and uses secure servers throughout.

Contact

Carolina Tamagnini, carotamagnini@fundeps.org

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Studies show environmental degradation and government neglect in Chacras de la Merced

During the month of December 2016, the Foundation for the Development of Sustainable Policies decided to carry out a survey process in the neighborhood of Chacras de la Merced, in order to obtain accurate information about the state of situation of the community there.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”

Since 2015, FUNDEPS has been working with the recently mentioned neighborhood of the City of Cordoba, in relation to the problems of the sewage treatment plant (WWTP). The proven malfunction of the plant, located in the area since 1984, has caused numerous problems in the nearby population, as well as in the ecosystem there.

The purpose of this survey process was to be able to discover the perception of the neighbors of the neighborhood with respect to the plant, as well as of other problems that they could identify as an emergency. The instrument used was intended to compile the perception of the community of Chacras de la Merced about the operation of the sewage treatment plant, the environmental situation of the area, the performance of the government authorities towards the neighborhood and its interest Engage in control activities.

In this sense, within the results obtained, below are presented those of greater relevance.

An 83% (44 families) does not feel calm with the environmental situation of the district Chacras de la Merced.

Five issues were mentioned and respondents were asked to prioritize among themselves, establishing from 1 to 5 the urgency with which they believed they should be addressed by government authorities. Of the total families surveyed, 34 (64%) of them gave the number 1 priority and urgency to the pollution caused by the sewage treatment plant.

The respondents were then asked whether or not they knew the work that EDAR does, and 58.8% said they did not know with certainty the work and operation of the WWTP. 50.9% said he was very badly informed about the issues that relate to the operation of the plant. Consistent with this, 79.2% of neighbors said they do not trust the information provided by the municipality of Cordoba on the operation of the plant.

Notwithstanding the lack of knowledge, 86% consider that the plant is not functioning properly; And opined in reference to the factor considered to cause malfunction. 37.2% of the respondents said that the plant does not work properly due to lack of municipal controls that verify the correct functioning. Likewise, 46.5% consider that the malfunction of the plant causes the immediate contamination of the river.

He wondered about the confidence that respondents had in certain institutions and organizations. Entrepreneurs, the provincial government, the municipal government, the police, the legislature, the judiciary, political parties, trade unions and the national government receive nothing from the neighbors of Chacras de la Merced. Private and public universities; Environmental organizations, social organizations, religious institutions, and the media are receptive to the trust of neighbors. The neighbors opined, undoubtedly with 77% (41 families), who do not trust EDAR.

It is important to note that 76.9% of the neighbors do not have / had information about the bidding process carried out by the province for the expansion of the sewage treatment plant. Likewise, with regard to the opinion about the expansion of the plant, it is surprising that despite the declared distrust of the authorities and the information they provide; 58.5% of the residents are confident that the work will improve the quality of life of the community.

88.7% of the respondents believe that they should (people from the neighborhood with civil society organizations) participate in monitoring spaces to the actions of the state in the area of ​​environmental control. It was also consulted about the inclination towards participation in monitoring spaces of the actions of the municipality and the province in the process of construction of the new plant. 56.6% expressed that they would be willing to participate in these spaces if they arose.

The survey also aimed to know about the health history of the neighbors, consulting about symptoms and diseases they have had, their frequency, the diagnosis provided and the treatment indicated. In this regard, 69% said they had suffered from one of the listed symptoms.

The results of the survey process show that the community of Chacras de la Merced is in a serious situation of vulnerability due to the confluence of numerous factors that lead to the violation of their most basic rights. Álida Weht, director of the Las Omas grassroots organization whose objective is to improve the quality of life of the neighbors, has stated that: “the results constitute the visibility of a pollution situation that dates back several decades and a community Which has been immersed in an immediacy of problems for the same time.

In the context of the recent events related to the overturning of the Suquía River, both from company waste and from raw sewage, it is necessary to highlight the emergency in which the Chacras de la Merced neighborhood is located.

Full survey report

More information

Contact

Agustina Palencia – agustinapalencia@fundeps.org