Tag Archive for: Access to Information

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Historic: The Inter-American Court recognizes the human right to a healthy climate

Advisory Opinion 32-25 of the Inter-American Court of Human Rights (IACtHR) established the scope of States’ obligations in protecting human rights in the face of the climate emergency. It was issued in response to the request made by Chile and Colombia and was the most participatory process in the history of the institution. Along with other civil society organizations, we contributed arguments that are now reflected in this historic ruling.

On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) published Advisory Opinion 32-2025 on the climate emergency and human rights, recognizing the right to a healthy environment and climate, the rights of nature, the climate emergency, and States’ obligations in that regard.

This Advisory Opinion was issued in response to a request from Chile and Colombia for the Inter-American Court to clarify the obligations of States in the face of the climate emergency within the framework of international human rights law.

What is an advisory opinion?

An Advisory Opinion is the means by which the Inter-American Court of Human Rights responds to inquiries from member States of the Organization of American States (OAS) regarding the compatibility of domestic norms with the American Convention on Human Rights; and the interpretation of the Convention or other treaties related to the protection of human rights in the Americas.

Why is Advisory Opinion 32-25 important?

Advisory Opinion 32-25 explicitly recognizes the climate crisis and frames it within the context of a “triple planetary crisis” caused by the interconnected and reinforcing effects of three concurrent phenomena: climate change, pollution, and biodiversity loss. In the Court’s words, this triple crisis “threatens the well-being and survival of millions of people around the world.”

It notes that the magnitude of climate change impacts is undeniable, interconnected, and rapidly evolving. The Court places special emphasis on the disproportionate impact of the climate crisis on people in vulnerable situations: “The poorest and most unequal regions of the world are more vulnerable to experiencing the most severe consequences of climate change precisely because their livelihoods are more climate-sensitive, they have fewer resources and less capacity to cope with these consequences, have limited access to basic services and resources, often face greater governance challenges, and are more likely to experience violent conflict.”

Based on this, the Court concludes that this climate emergency can only be adequately addressed through urgent and effective mitigation and adaptation actions and a shift toward sustainable development, articulated with a human rights perspective and grounded in the paradigm of resilience.

In this regard, the Court sets out a series of obligations for both States and businesses, while also recognizing the rights of citizens. These obligations are organized around four main pillars:

  1. Human rights obligations in response to the climate crisis

The Court states that States must take all necessary measures to reduce risks related to climate degradation and its consequences. To do so, they must act with reinforced due diligence, which includes: identifying and assessing risks; adopting proactive and ambitious preventive measures to avoid the worst climate scenarios; using the best available science in the design and implementation of climate actions; continuously and adequately monitoring the effects and impacts of the measures taken; ensuring transparency and accountability in climate matters; and appropriately regulating and supervising corporate due diligence. Additionally, States must cooperate with one another in good faith to advance the respect, protection, and progressive realization of human rights that are threatened or affected by the climate emergency.

  1. Obligations arising from the recognition of fundamental rights

The Court expressly recognizes the right to a healthy environment, which is fundamental to humanity’s existence and, when violated, may directly or indirectly affect individuals due to its connection with other rights such as the right to health, personal integrity, and life, among others. Connected to this right, it also recognizes the right to a healthy climate, which means that every person should be able to develop within a climate system free from dangerous human interference. It especially highlights the rights of present and future generations of humans and other species to maintain a climate system suitable for ensuring their well-being and the balance among them.

In a novel development, it also recognizes nature and its components as rights-bearing subjects, stating that States have the positive obligation to ensure the protection, restoration, and regeneration of ecosystems.

Furthermore, the Court emphasizes that States must safeguard and guarantee the realization of other rights that are threatened or affected by climate impacts, such as the rights to life, personal integrity, health, private property, housing, freedom of residence and movement, water, food, work, social security, culture, and education. It also affirms the obligation to reduce greenhouse gas emissions and promote a transition toward sustainable development.

  1. Obligations stemming from democracy and procedural rights

The Court stressed the need to ensure that, in the context of the climate emergency, decisions are made in a participatory, open, and inclusive manner. To that end, States must guarantee the rights of access to information, public participation, access to justice, and the protection of human rights defenders in environmental matters.

It also underscores the importance of the right to science and the recognition of traditional, ancestral, and local knowledge, as well as the role of Indigenous women in the preservation of ecosystems.

  1. Obligations arising from the principle of equality and the prohibition of discrimination

The Court identifies the following groups as especially vulnerable to the climate crisis: children and adolescents; Indigenous, tribal, Afro-descendant, peasant, and fishing communities; women, persons with disabilities, and older adults. These populations are more dependent on ecosystems that are exposed to the effects of climate change and extreme weather events. Their vulnerability is particularly acute when they are also in situations of multidimensional poverty.

In this context, the Court held that States must gather all necessary information to design and implement policies and strategies that ensure these individuals have access to goods and services to lead a dignified life in the context of the climate crisis. The Court also emphasized that measures taken as part of a just climate transition should not worsen multidimensional poverty but instead be used as an opportunity to include these populations and enable them to fully enjoy their rights.

The Key Role of Civil Society Organizations

The outcome of this advisory opinion was reached following one of the most important consultative and participatory processes in the history of the Inter-American Court of Human Rights, during which 263 submissions were received from over 600 actors, including States, international organizations, state institutions, communities, civil society organizations, academic institutions, businesses, and individuals.

At Fundeps, we were part of this participatory process through an amicus curiae submitted together with more than 15 civil society organizations, elected Public Representatives from the Escazú Agreement, and communities in resistance, contributing various arguments that are now reflected in this ruling. We also supported the participation of Luisa Gómez from the CIEL Foundation, Silvia Cruz, and Maria Rosa Viñolo from Vecinas Unidas en Defensa de un Ambiente Seguro (VUDAS), who presented, on behalf of the amicus, during the hearing held on May 27, 2024, in the city of Manaus, Brazil, as part of this process.

Undoubtedly, this Advisory Opinion is an unprecedented step forward in the protection of human rights in the face of climate change. At Fundeps, we hope it inspires countries across the Americas to take urgent, just, and nature- and people-respecting actions.

Author:
Ananda Lavayen

Contact
Laura Carrizo, lauracarrizo@fundeps.org

Communities and civil society advocate to influence the BID meeting in Chile

At the BID’s 2025 Annual Meetings in Chile, organizations and communities affected by projects financed by the institution are demanding greater transparency, participation, and respect for human rights and the environment, in response to the impacts of megaprojects in the region.

“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”.

Chile is hosting the sixty-fifth Annual Meeting of the Boards of Governors of the Inter-American Development Bank (IDB) and IDB Invest. The event began on March 20 in Punta Arenas, Magallanes, as part of the Investment Forum and the meeting of authorities, and continues in Santiago until March 30. It brings together the Ministers of Economy, Treasury, and Finance of the Bank’s 48 member countries, who define the main financing policies and strategies for the region.

In this context, communities affected by IDB-financed projects and civil society organizations are organizing to present our demands and highlight the resistance to the development model promoted by the institution.

The main demands include:

  • Full and understandable access to information about projects and their impacts
  • Effective participation of affected communities in decision-making
  • Protection of human rights and nature defenders to avoid retaliation
  • Financing aligned with climate justice and human rights
  • Guaranteeing the prevention, mitigation, and reparation of harm caused by their investments, through policies or frameworks for remediation and responsible exit

For years, resistance networks have denounced the harmful effects of projects financed by the BID and other Multilateral Development Banks (MDBs). Wind farms, lithium and copper mines, and mega-infrastructure projects have transformed ecosystems and ways of life without consultation or consent from affected communities. In Punta Arenas, the site of pre-Annual Meetings activities, opposition is growing to green hydrogen mega-projects, promoted without real public debate or consideration of Indigenous and local rights.

The BID Working Group, a network of civil society organizations of which we are a part, has been key in opening up advocacy spaces within the Annual Meetings. Thanks to their pressure, the Bank committed to reintroducing civil society participation in 2023, having eliminated it in 2013. The 2025 edition in Chile is a crucial opportunity to strengthen coordination among affected communities and reinforce advocacy strategies to challenge the BID’s role in the region.

The Voice of Communities and Organizations

  • On a Just Energy Transition and the Protection of Indigenous Peoples and the Environment:

“They need to study the places where they promote projects and who lives there. They should take the time to understand local customs and ways of life. It is not right for them to arrive in a place and disrupt communities that are used to living in peace, caring for and protecting nature and biodiversity.” — Spokesperson for the Chango People, Antofagasta (requested anonymity)

  • On the IDB’s Access to Information Policy:

“The BID must ensure effective and timely access to information about the projects it finances so that affected communities and populations can fully understand the status of a given project and participate in decision-making in an informed manner.” — Gonzalo Roza, Coordinator of the Global Governance Area, FUNDEPS (Argentina)

  • On the Protection of Civic Space:

“Multilateral Development Banks (MDBs) have a responsibility to respect human rights in their operations and to use their influence to ensure that their clients—governments and companies—create and maintain an enabling and safe environment for the exercise and defense of those rights. The BID Group must guarantee the effective implementation of its policies and improve its practices to fulfill this responsibility, ensuring they are systematically enforced.” — Suhayla Bazbaz, Director, Community Cohesion and Social Innovation–CCIS (Mexico)

  • On Remedy and Responsible Exit:

“Repairing the harm caused by the projects it finances must be a priority for the BID Group. It is time for the Bank to be at the forefront of best practices and policies, following the example of other development banks. The International Finance Corporation (the private sector arm of the World Bank) has already published its Responsible Exit Principles and is about to approve the Remedy Framework—two instruments aimed at preventing, mitigating, and repairing the harm caused by its investments. Like any financial institution, the IDB has the responsibility to remedy the harm inflicted on communities and the planet.” — Luisa Gómez, Senior Attorney, Center for International Environmental Law–CIEL (United States)

 

Agenda for Resistance and Advocacy in Chile

Civil society organizations and affected communities have outlined an action plan that includes:

  • Workshops and meetings in Santiago and Punta Arenas with local organizations, affected communities, and strategic allies to analyze the IDB’s impact on the energy transition and development financing.

  • A public discussion on the role of development banks in a just energy transition, as well as Chile’s case in the green hydrogen and mining industries.

  • Advocacy activities during the Annual Meetings aimed at creating spaces for dialogue with BID representatives and other key stakeholders.

  • Engagement with local and international networks to strengthen resistance strategies and globally highlight the impacts of projects promoted by the Bank.

The fight of communities against extractivist projects promoted by the BID is not new, but in a context where financing for strategic sectors such as energy and mining is expanding, amplifying our voices and demanding a just energy transition is more urgent than ever—one that prioritizes community rights and territorial protection.

Contact
Gonzalo Roza, gon.roza@fundeps.org

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Questions and Answers on Access to Environmental Information

In the following guide you will find questions and answers about access to public environmental information and useful information to make requests to the State.

Descargar Documento / Download File
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(Re)ordering the territory: Escazú and citizen participation

In an effort to promote the effective implementation of the Escazú Agreement at the local level, Fundeps held three meetings during the month of August, aimed at the Urban Planning Department of the Municipality of Córdoba. These training sessions focused on strengthening competencies in environmental law and the rights of access to information, participation and environmental justice, essential for sustainable urban planning.

“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”.

The target audience of these meetings were members of the Secretariats of Urban Development, Regional Integration and Institutional Linkage, and Smart City of the Municipality of Córdoba. The main objective was to provide the necessary tools to understand and apply the Escazú Agreement in the urban planning policies and practices of the city.

The first two workshops focused on theoretical and specific aspects of minimum budget laws and the Escazú Agreement. For the last meeting, we placed special emphasis on citizen participation. During this session, we explored various models of successful citizen participation, both at the national and regional level, highlighting practical examples that have been implemented in different cities in our country, as well as in Latin American countries and localities in Europe.

We proposed discussions on cases where active citizen participation has resulted in significant improvements in urban planning and management, highlighting how these inclusive processes can be adapted to our city. In addition, we analyzed the tools and mechanisms available to facilitate citizen participation in decision-making, emphasizing the importance of transparency, effective communication, clear language and building trust between municipal authorities and citizens.

We continue to work for the full and effective implementation of the Escazú Agreement at the local level. The Agreement is a fundamental tool for the protection of the environment and of human rights defenders in environmental matters.

If you want to learn more about the Escazú Agreement, visit our website: https://acuerdodeescazu.org/

 

Authors

Lourdes Zanotti

Federico Marengo Ligoria

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

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A decree cannot limit access to public information

The undersigned organizations express our concern about Decree 780/24 with which the National Executive Branch attempts to restrict the right of Access to Public Information.

“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”.

A regulatory Decree cannot limit the right of access to public information in contradiction with the scope of the Access to Information Law itself, voted by the National Congress in 2016.

The exceptions established by Law 27,275, which allow the State to refuse to provide the requested information, are far from what is regulated by the National Executive Branch. The aforementioned Decree expands the information that is outside the public interest, expands secrecy and provides discretion by leaving in the hands of public officials the definition of what is a public document and what information can be considered part of the private sphere of the authorities, giving them special protection.

Decree 780/24 represents a serious regression in the interpretation of the right of access to information in light of international standards on human rights and the fight against corruption, and creates a discretionary regulatory framework whereby the political definitions of the government and the subjective decisions of officials take precedence over the right to access information in the hands of the State.

We request the National Executive Branch to repeal this Decree and guarantee full access to public information.

 

Acción Colectiva – ACIJ – Alianza Regional por la Libre Expresión e Información – Amnistía Internacional- Andhes – Anima Chicos – ARPIAS (Salta)  – Asuntos del Sur – CADE – CAIP – Campaña por el Aborto (Salta) – CAREF – Carrera Comunicación (UBA)  –  CECIM (La Plata) – CEG (La Plata) – CELS – CEPPAS – CIDC – CIPCE – CIPPEC –  Clínica Jurídica de Acceso a la Información (UNLP) – Comunicación para la Igualdad – Conciencia – Consciente Colectivo – Democracia en Red – DEMOS – Directorio Legislativo – ELA – Escuela de Fiscales – FADECCOS – FARN – FATPREN – FEC – Festival Cine a la Vista – FIC – FOCIS (Salta) – FOPEA – F. para el Desarrollo Humano Integral – FUNDAR – FUNDEPS – Gestión Nativa –  Hora de Obrar – Huésped – ILSED – Incidencia Feminista –  INECIP – Khuyay – La Casa del Encuentro – La Fuerza de las Mujeres – Minka Digital – Mujeres en Igualdad – Mujeres por la Igualdad de Oportunidades – Mundosur – Nuestra Mendoza – Obs. de Just. Sanitaria y Climática Latam. – Patagonias.org – Periodistas Argentinas – Poder Ciudadano – RAAC – Red Ciudadana Nuestra Córdoba – REDCOM  – Red Par – Red Ruido – RIPVGAR – Salta Transparente – SES –  Sipreba – Unión Inquilinxs (Salta) – Vía Libre – Xumek

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Stories and experiences of socio-environmental struggles in Córdoba

By compiling some of the experiences of struggles of the Cordoba communities, we aim to provide a collective response to the challenges that arise around the processes of environmental conflict.

The truth is that there is no single way to organize, no single way to ask the authorities for answers, and much less a single way to confront a socio-environmental conflict. However, we observe that there are common practices that have been strengthened and that serve as a guide for other struggles.

Descargar Documento / Download File
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The IDB approves a New Access to Information Policy

The Inter-American Development Bank (IDB) took the final step of a process that lasted several years and culminated with the approval of a new Access to Information Policy (PAI) by the Board of Executive Directors.

“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”.

The new policy, approved on July 26, 2024, which updates the current IDB policy, will go into effect on September 1, 2025

At Fundeps, together with other regional organizations, we actively participate in the process of updating and adapting the IDB’s PAI, sending comments and suggestions to each of the previous versions, as well as participating in various public consultations to strengthen the right. access to information and transparency in the Bank.

As improvements introduced to the new Bank Policy, mention can be made of the possibility of making anonymous information requests, the reduction in the IDB’s response times to information requests and the work that the institution is doing to increase the usability of the information. and the use of more accessible formats. Even so, it is imperative to consider that access to Information and Communications Technologies (ICTs) is not universal or uniform.

Likewise, there are essential aspects that the PAI, or its next updates, must incorporate, such as:

  • The approach to access to information as a fundamental human right and, therefore, a pillar of the PAI itself.
  • The harmonization of the Access to Information Policy with the Escazú Agreement.
  • Eliminate ambiguities in the language of the standard, mainly in the “Exceptions” section, which must be more precise and establish clear criteria for its application.

Likewise, it is worrying that some criteria and parameters that will make the PAI effective are addressed in the Implementation Guidelines. In this way, the effectiveness and strength of the PAI will depend greatly on these Guidelines, which do not require mandatory compliance, as the PAI itself does.

Likewise, it should be mentioned that there were significant delays in the PAI review process. At the end of 2019, the IDB began this process that was suspended months later. Subsequently, in April 2022, it was resumed and the Bank presented a new policy proposal to the Board of Executive Directors, which was approved for public consultation with interested parties. It was only in January 2024 when the final version of the New Information Access Policy was approved, which did not take into account many of the comments and suggestions raised by civil society within the framework of the in-person and virtual consultations organized by the own bank.

As a next step, after the approval of the Access to Information Policy, the Implementation Guidelines for its application will be prepared, which, according to the IDB, will be circulated in a timely manner for comments from the public and civil society organizations. Given the great importance of these Guidelines, especially in this case, we hope that this will be the case and we reiterate the importance of the Bank placing people at the center and using the possibility of making effective and full the exercise of the right of access to information , also strengthening in this process the effective participation of civil society organizations, communities and people affected by their projects and populations in vulnerable situations.

 

More Information

Contact

Gonzalo Roza, gon.roza@fundeps.org

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We present the website “Escazú for communities”: a tool to defend the environment

We launched the web platform “Escazú Agreement for communities”, which provides information about the Agreement and the rights it contemplates with data and practical models to make them effective. Additionally, within the site, a document is available to download that brings together the experiences and learnings of different communities in Córdoba that face environmental problems and have been fighting for years.

“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”.

The Escazú Agreement is the first environmental treaty in the region on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean. It is also the first treaty in the world to contain provisions related to the protection and promotion of the work carried out by human rights defenders in environmental matters.

At Fundeps, we have been accompanying the process of the Agreement since before its approval in 2018, due to the central role it plays in strengthening environmental democracy and climate justice. Within the framework of this process, when it came into force in Argentina we launched a Resource of the Escazú Agreement and a Guide on Access to Environmental Information. Then, we carried out a training cycle on access to public environmental information and an introduction to Escazú, and in 2023, as part of the project called “Escazú Agreement: What is happening in Córdoba?”, we held workshops in different locations in the province. crossed by socio-environmental conflicts.

This entire journey, added to the daily accompaniment to communities in Córdoba, allowed us to detect the need to create a tool that brings together all the inputs created, information related to the Escazú Agreement and that provides practical instruments to facilitate the exercise of the rights it regulates. For this reason, we launched “Escazú for communities” (agreementdescazu.org), a platform that provides information about what the Agreement is, what rights it contemplates and how they are exercised, what is the history of the Agreement, which countries in the region are part, the answers to frequent doubts that arise among those who defend the environment, among other contents. Our objective is to make available to communities the tools that Escazú offers to promote and monitor their effective implementation, and strengthen the struggles of people and groups that defend the environment, collective health and their territories.

Among the tools on the site, you can find: models for requesting public environmental information, explanations on how citizen participation should be guaranteed and made effective in decisions that impact the environment, types of judicial actions that can be filed to claim; the obligations of States to guarantee the safety of those who defend the environment, among other issues.

At Fundeps we have also been working to strengthen the strategies and approaches to socio-environmental conflicts, putting human rights defenders in environmental matters at the center. For this reason, within the website you can also access “Resisting and re-existing in community. Stories and experiences of socio-environmental struggles in Córdoba. This document is the result of a series of interviews carried out during 2023 and 2024 with seven communities in struggle in the province of Córdoba (OMAS, VUDAS, Todxs por Nuestros Arreros, Vecinos Autoconvocados de Marcos Juárez, Preservando el Parque de la Vida, Madres de Barrio Ituzaingó and Friends of the San Martín Reserve), to whom we deeply appreciate their support and collaboration. The purpose is to share the experiences of the communities, their stories and their useful advice for those who are beginning a process of socio-environmental struggle.

We are committed to this website serving as reference material and strengthening environmental capacities. We also promote the dissemination of struggle strategies and the learning of those who carry them out in the province, so that socio-environmental challenges are navigated solidly knowledge, based on shared experiences and, above all, on the network.

We hope that it will be useful to interested people, and above all, to those who defend human rights in environmental matters.

VISIT THE WEBSITE

Author

Ananda María Lavayen

Contact

Laura Carrizo, lauracarrizo@fundeps.org

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We participate in the 3rd Conference of the Parties to the Escazú Agreement

From April 21 to 24, we participated in the Third Conference of the Parties to the Escazú Agreement (COP3) that took place in Santiago, Chile. Likewise, we were part of the event that was held previously (Pre-COP) and the parallel panels of civil society organizations.

“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 April, the Third Conference of the Parties to the Escazú Agreement was held: a treaty on access to information, public participation and access to justice in environmental matters in Latin America and the Caribbean. The Conference of the Parties is the highest deliberative and decision-making body of this regional Agreement, and is held once every two years, with the purpose of making decisions, reviewing and promoting the application and effectiveness of the Agreement.

Particularly, the main objective of this third COP was the treatment and approval of the Action Plan on human rights defenders in environmental matters in Latin America and the Caribbean, the result of extensive prior public participation. This Plan aims to advance the implementation of Article 9 of the Agreement, which establishes the obligation of the Parties to guarantee a safe and conducive environment for the actions of defenders without threats, restrictions and in safe conditions. The Plan is structured into four axes, each with strategic actions:

  1. knowledge generation;
  2. recognition;
  3. strengthening of capacities and cooperation for the national implementation of the Action Plan;
  4. evaluation, monitoring and review.

It is important to highlight that the Escazú Agreement is the first international treaty that contemplates the protection of defenders. This incorporation is very relevant for Latin America and the Caribbean since it is considered the most dangerous region in the world for those who defend the environment. This is why advancing its protection and defense is a priority need for the region and an example for the rest of the world.

In addition, the mainstreaming of the gender issue was approved, through which measures, actions and activities will be incorporated aimed at integrating and reinforcing the gender perspective in relation to Escazú. Parties were also encouraged to continue promoting the full and effective participation of women in all their diversity, especially indigenous women. This is relevant since it forces countries to adopt measures to guarantee equity and equality.

Likewise, within the framework of the meeting, both in parallel and before and after, more than 30 events were held in which defenders, civil society organizations, indigenous communities, elected representatives of the public, and activists from across the region participated. and authorities. These events were very important for creating and strengthening ties, disseminating socio-environmental conflicts and building capacities among participants.

Although we cannot fail to notice the path that still needs to be taken to achieve environmental and climate justice, we recognize the enormous step forward that the approval of the Action Plan for defenders and the incorporation of the gender perspective implies. For these reasons, at Fundeps we continue to participate and firmly support the effective implementation of the Escazú Agreement, its dissemination and capacity building.

 

Authors

Manuela Fernández Grassani

Ananda María Lavayen

Contact

Laura Carrizo, lauracarrizo@fundeps.org

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The Asian Bank approved its first infrastructure project in Argentina

From September 25 to 26, in Sharm El Sheikh, Egypt, the eighth Annual Assembly of the Asian Infrastructure Investment Bank (AIIB) was held, an event that brings together its members, business representatives and civil organizations to discuss the direction strategy and initiatives of the organization. At this meeting, the AIIB announced the approval of the first loan in Argentina, intended to finance a wind farm in Tierra del Fuego.

“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”.

The main objective of the Annual Assembly is to share the Bank’s progress and receive suggestions regarding its strategic direction and operations. It also provides information and encourages exchanges on policies and projects financed by the AIIB in terms of social and environmental impact.

The central theme of the 8th Assembly was “sustainable growth in a challenging world” and highlighted the importance of addressing the global climate agenda and supporting key infrastructure demands for AIIB member countries. The meeting program covered a variety of Thematic topics that include the latest trends and priorities of the Bank. The public sessions were grouped into three thematic streams: sustainability, connectivity and multilateral cooperation. They addressed issues related to the development and implementation of sustainable environmental infrastructure, as well as the promotion and strengthening alliances that improve infrastructure connectivity both in Asia and in other regions.

First AIIB project in Argentina

A particularly relevant event for Argentina was the announcement, during the event, of the approval of the project called “Energy transition of the province of Tierra del Fuego” for an amount of 65 million dollars. This project marks a milestone, as it represents the first financing granted to Argentina as a member of the Bank, which it officially joined in March 2021. The funds will be used for the construction of a wind farm near the city of Río Grande. . According to the AIIB, the main objective of the project is to establish the wind energy generation capacity in the province of Tierra del Fuego and it “is aligned with the objectives of the Paris Agreement and the Nationally Determined Contributions of Argentina, for which will help reduce greenhouse gas emissions and increase the adoption of renewable energy.” This initiative arises from the need to take advantage of the wind resources that the province has and the lack of interconnection in local networks for the materialization of projects of such magnitude.

However, it is important to highlight that given the scarcity of information about the project, it is essential to analyze in depth how the project will be carried out, and what the true implications could be in terms of socio-environmental impacts. For this reason, at Fundeps we are monitoring this project and have made a request for information to the AIIB about details that are not yet clear. For example, although an Environmental and Social Management Plan (PMAS) and a Stakeholder Participation Plan (PPPI) have been published on the Bank’s website, the documentation related to the Environmental Impact Assessment is not yet available. and Social, the Environmental and Social Due Diligence Report or information related to the public hearings planned for the project, among other relevant documentation.

This information is key to identifying the real impacts of the project and verifying whether access to information about the project and the participation of the local population is effectively ensured. In turn, another aspect that raises doubts is the role that the CAF (current Development Bank of Latin America) will have in relation to the project, since it has been presented as a co-financed project between both multilateral institutions.

Author

Candela Jauregui

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Argentina presented the National Plan for the Implementation of the Escazú Agreement

On October 3, the national government presented the National Plan for the Implementation of the Escazú Agreement. This regional treaty was approved by Argentina in 2020 and seeks to implement the rights of access to environmental information, public participation in environmental decision-making, access to Justice and the protection of human rights defenders in environmental matters.

“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”.

The Secretary of Climate Change and Sustainable Development and Innovation of the Nation was appointed to advance towards the implementation of the Escazú Agreement in Argentina. This tour was designed in two stages: the first, aimed at carrying out a diagnosis to determine the status of compliance with the Agreement in our country, from which recommendations emerged: and the second was focused on designing the Plan. For this, a public consultation, collaborative virtual and in-person meetings, regional dialogue tables and a proposal box were carried out. In total, 533 contributions were received from citizens in the design of the Plan and the majority (65%) of the people who participated were women. At Fundeps we accompany this entire process by providing contributions in the different participatory instances.

The Plan is structured into 6 axes: access to public environmental information, public participation in environmental decision-making, access to justice in environmental matters, human rights defenders in environmental issues, capacity building, governance system for the execution and monitoring of the implementation of the Agreement. Objectives and indicators are also established, which are very important for evaluating progress in implementation. The execution of the Plan will be over a period of 3 years and will be in charge of the National Executive Branch.

The process of creating the Plan was an open, participatory and transparent process, focused on ensuring citizen participation and building the necessary consensus to address the needs of the communities and make the Agreement effective. We celebrate the presentation of this Plan, which represents a milestone towards the consolidation of the application of the Escazú Agreement in Argentina and provides concrete tools to facilitate its implementation. Now we urge the national state and the provinces to implement its implementation and citizens to demand its effective application to achieve the ultimate goal of the Escazú Agreement: compliance with the right to a healthy environment.

 

More Information

 

Author

Manuela Fernández Grassani 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

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Drinking water in Alta Gracia: we present an injunction due to lack of public information

Together with the Table for Water and the Environment of Alta Gracia we present an action for protection for default against the Provincial Administration of Water Resources, for not having responded to a request for public information that we made about the work of providing drinking water for the Country Club “El Potrerillo de Larreta”.

“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”.

For months, the Table for Water and the Environment of Alta Gracia (MAyA), made up of people from the community, has been trying to obtain accurate information about the aqueduct that is intended to be carried out to provide drinking water to the Country Club “El Potrerillo de “Larreta.” As has been confirmed, this aqueduct comes from the main pipe that carries water to the entire town and would be 160 millimeters, so it could supply approximately 20 thousand people but the country has only 347 lots.

Let us remember that for more than 10 years, the same country has maintained a 4-kilometer wire in the Los Paredones stream, which is the main tributary of the Chicamtoltina stream (or Alta Gracia stream), preventing community access and violating regulations that establish the right to the common use of terrestrial waters.

The concern for the construction and subsequent operation of this aqueduct lies in the fact that currently the master pipe provides water to the entire community of Alta Gracia and other towns such as Falda del Carmen and Villa del Prado, which at different times of the year suffer from serious problems. of supply. Therefore, if this connection work to the main pipe is carried out, the problem will increase in the future, causing part of the citizenry to have access to drinking water while another large portion does not. Which would imply the violation of a fundamental human right.

Now, given this situation, the Roundtable for Water and the Environment presented various requests for access to public information to the different departments that would be involved in the development of the work. The Municipality and the Alta Gracia Sanitary Works Cooperative responded to the requests made. They said that they were only aware that in 2018 they submitted a request for authorization to use public roads for the construction of a work that sought to provide water to Potrerillo De Larreta. They also stated that in 2021 authorization was requested to begin the work, giving rise to inspections carried out by the Ministry of Public Works and Planning.

They also made a request for information about this work to the Provincial Administration of Water Resources (APRHI), the department that exercises ownership of the water resources of the province. Given the lack of response, from Fundeps and the neighborhood community, we presented an injunction for late delivery of the requested information.

What is a default protection? What did the Provincial Water Resources Administration respond?

An amparo for delay is a judicial action whose sole purpose is to obtain, through the Judicial Branch, information that has not been previously provided.

Once the action was presented, the 2nd Nomination Administrative Litigation Chamber, ordered the Provincial Administration of Water Resources to provide the information that had been requested. Only on September 6, 2023 did it respond stating that, in 2014, the then Secretariat of Water Resources of the Province had granted the technical visa to carry out the construction of the aqueduct. This project plans to supply the Potrerillo de Larreta country with a supply of 1,000 liters per connection and in 2017 a technical visa was given to a purification plant.

Denial of Environmental Democracy

Given the lack of reliable information in this regard, first of all we must say that the right to access public information in a complete and truthful manner has been systematically violated. Nor did the Public Administration fulfill the duty of, if it does not have the information requested, to redirect the request to the competent body. Likewise, it is highly questionable that it was necessary to resort to justice to obtain information since this causes jurisdictional wear and tear, and consumes time and resources that limit access to the right to information.

The right to request and access public information is guaranteed in various regulations:

-The Provincial Constitution.

-Provincial Law No. 8803 on Access to Knowledge of State Acts.

-Law 10208 on Environmental Policy of the Province of Córdoba, Law No. 25,831 on the Regime of Free Access to Public Environmental Information, Law No. 25,675 General on the Environment.

-Law No. 27566 by which Argentina approves the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement).

In short, the conduct of the different organizations involved implies a serious denial of citizens’ rights that must be corrected since accessing public information allows one to know and participate in all political, governmental and administrative processes where the environment is compromised.

 

Author

Ananda Lavayén

Contact

Laura Carrizo, lauracarrizo@fundeps.org

 

*Photo taken from the Facebook account “Mesa por el Agua y el Ambiente de Alta Gracia”