Tag Archive for: Access to Justice

Together with the community of Marcos Juárez we presented an environmental protection in the Córdoba Justice Department. We request that the current ordinance on agrochemicals be modified with the objective of expanding the protection zone, compliance with controls and the functioning of the Advisory Commission on the Environment be made effective.

“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 application of agrochemicals in Argentina continues to be one of the main environmental problems and leads to serious contamination of water, soil, air and consequent damage to biodiversity and people’s health.

There are thousands of scientific studies around the world that prove the toxicity of these products and their link with the development of chronic diseases that affect adults and mainly children. Among them are: abnormal neurological development, cancer, increased incidence of non-hodking lymphoma, a condition in the human placenta with a probable impact on the development of abortions.

The problem of agrochemicals is no longer limited only to rural communities who see their homes, hospitals and schools fumigated daily, but affects millions of people in our country. As an example, the organization Democracia en Red, within the framework of the Pesticides Introduced Silently (PIS) project, analyzed 200 urine samples in the towns of Lobos, Saladillo, Barrio Nicole (La Matanza), Mar Chiquita and the City of Buenos Aires. Aires. The results showed that in all districts there were positive cases for glyphosate.

At Fundeps we have been addressing this problem for some time, developing and implementing different strategies to achieve adequate public policies to guarantee socio-environmental sustainability. In that sense, in 2019 we published our Agrochemical Emergency website where we systematized the immensity of socio-environmental conflicts that occur in our province from the use/misuse of agrochemicals, we also provide tools so that communities can claim for their rights. Simultaneously, we develop models of ordinances that propose restrictions on the use of these products and the creation of protection zones, seeking to promote local advances to improve the quality of community life.

Following this path, in the month of May we presented a first environmental protection for contamination with agrochemicals in Colonia Tirolesa, a process where even and despite the scientific evidence about the various health problems that the community continually suffers, no solution has been found.

Marcos Juárez: what happens with pesticides?

Marcos Juárez is a town located in the southeast of the province of Córdoba, an area known for its economic growth linked to agricultural exploitation and agroindustry, which uses large quantities of chemical products such as fungicides, herbicides, insecticides and despite the fact that Marcos Juárez has With ordinance 2446, which regulates the use and application of chemical and biological products for agricultural use and which the Municipality adheres to Provincial Law 9140, a large part of the population is exposed to these products on a daily basis.

The Marcos Juárez Ordinance arose from a process of collective struggle in 2010, when members of the community organized against the excessive fumigation with agrochemicals due to the social and health consequences caused by this form of production and that was intensifying over time. This ordinance represented a true historical milestone for Córdoba, since it establishes environmental protection zones for the application of agrochemicals. However, over the years the community began to observe that this regulation is insufficient. Added to this is the fact that the Municipality is unable to enforce compliance with this regulation (there are dozens of complaints for violations).

In this context, in 2015 the Genetics and Environmental Mutation Group belonging to the Department of Natural Sciences of the University of Río Cuarto, headed by Dr. Delia Aiassa, evaluated the level of damage to the genetic material in children exposed to pesticides. in the town. The study shows that of the total number of exposed children, 20 (40%) presented persistent symptoms of various kinds. On the other hand, he maintains: “In the case of a relatively small city, this result shows that the sprays could reach (by air) the entire town and that the vulnerable population of children is subjected to extremely high and continuous exposure, givenwho lives surrounded by crops. Taking into account that there are no differences between the groups of children under study in terms of spray distances up to a maximum of 1095 m, this information should be taken into account when establishing environmental safeguards in localities that are surrounded by crops where spraying is carried out”.

From there, and considering that the ordinance establishes distances that are well below what is recommended, for example in some high risk areas (art. 4) the exclusion zone of 150 meters (when in other locations it is 1500 meters), the community organizes itself again and begins a long journey of demands to safeguard their lives and those of their children.

In this framework, at Fundeps we began to support this legitimate claim and after a long journey we decided to go to court in search of solutions.

The Environmental Protection Action

For these reasons, by virtue of the precautionary, preventive and intergenerational equity principle, on November 27 we presented an environmental collective action before the Córdoba justice system requesting, among other things:

  • The creation of an environmental protection zone no less than 1,095 meters away from the external limit of populated areas, where terrestrial fumigation is prohibited.
  • And an environmental protection zone of no less than 3000 meters where fumigation of areas with any type of chemical or biological product for agricultural use is prohibited.

The purpose of this action is to safeguard and protect the rights of those who live in the town. We hope that justice, making use of the powers granted by environmental legislation, will quickly order the Municipality of Marcos Juárez to adopt concrete and urgent measures. This is essential to safeguard the community’s rights to life, health and a healthy environment.

 

Authors:

Katen Moldes and María Laura Carrizo

Contact:

María Laura Carrizo, lauracarrizo@fundeps.org

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

During September 26, 27, 28 and 29 we were participating in different activities linked to the Second Annual Forum on Human Rights Defenders in Environmental Issues in Latin America and the Caribbean. This Forum is organized by ECLAC in its role as Secretariat of the Escazú Agreement.

“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”.

Latin America and the Caribbean continues to be the most dangerous area in the world to carry out environmental defense. Last year, 177 environmental defenders were murdered and 88% of the homicides occurred in Latin America. That is why States must make more and better efforts to guarantee security and provide a safe environment for the development of this task.

Let us remember that the Agreement on Access to Information, Public Participation and Access to Justice – known as the Escazú Agreement is the first regional environmental treaty in the world to contain specific provisions for the protection of defenders. Specifically, Article 9 provides that States must guarantee a safe and enabling environment in which individuals, groups and organizations that promote and defend human rights in environmental matters can act without threats, restrictions and insecurity.

In this context, together with indigenous communities and defenders from across the region, we met in Panama to provide input on the proposed draft of the Regional Action Plan on Defenders that will be presented next year at the next meeting of the Conference of the Parties (COP 3). This is a true opportunity to impact environmental issues that affect our region.

The Escazú Agreement is the first treaty in the world that has open and horizontal dialogue spaces. These participatory processes are a true tool for the collective construction of public policies.

The main demand from the communities is the urgent ratification of the Agreement by all the states in the region. On the other hand, the violence that groups and people who protect the environment continually experience were exposed, even more so in the context of climate change. In this sense, it is essential to pay special attention to situations of human rights violations in the context of extractive processes linked to the energy transition.

On the other hand, the main request was for the transversal incorporation of a gender and intercultural perspective into the Plan, giving specific recognition to indigenous communities, who have historically been guardians of our common goods.

We hope that more states in the region will ratify the Agreement in the short term and that the claims that were reiterated by the communities will be considered and included in the Plan.

 

More Information

Resource on Escazú Agreement | Fundeps

 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

We present an environmental protection for the contamination that Colonia Tirolesa suffers due to fumigations with pesticides. The community does not yet have a municipal ordinance that regulates its application.

“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”.

Colonia Tirolesa is a town that is located in the Department of Colón in the province of Córdoba, 27 km from its capital. Its main economic activity is agriculture, focused on the production of soybeans, potatoes and corn. Due to this, for years, fumigations with pesticides have been constant, which has caused serious problems for the environment and health.

Despite the continuous demands by the population to control and regulate the spraying, since they still do not have their own ordinance that establishes distances according to the characteristics of the place, the Municipality of Colonia Tirolesa never responded.

For these reasons, last Monday, May 8, we presented an Environmental Amparo for the Justice of Córdoba to order the Municipality of Colonia Tirolesa:

  • The creation of an environmental protection zone of no less than one thousand ninety-five meters (1095 meters) away from the external limit of the urban plant, where ground fumigation is prohibited and an environmental protection zone of no less than three thousand meters where spraying areas with any type of chemical or biological product for agricultural use is prohibited;
  • It is prohibited within the environmental protection zone 1, the cleaning and transit of all types of machinery and/or equipment used for the application of chemical and/or biological products for agricultural use: as well as the discarding of containers of this type of product .

In turn, we request as a precautionary measure, that is, prior to the resolution of the above request, that authorizations for applications for future fumigations and/or spraying with chemical or biological products for agricultural use be temporarily suspended. within the mentioned areas, among others. The purpose of this action is to safeguard and protect the rights of those who inhabit the town.

We hope that Justice, making use of the powers granted by environmental legislation, quickly order the Municipality of Colonia Tirolesa to adopt concrete and urgent measures to safeguard the community’s rights to life, health and a healthy environment. . These rights are constantly affected by the excessive use of pesticides.

 

Author
Ananda Lavayen

Contact
Maria Laura Carrizo, lauracarrizo@fundeps.org

 

*Photograph of UTELPa

On April 19, 20 and 21, we participated in Buenos Aires in the Second Conference of the Parties to the Escazú Agreement (COP2), of an extraordinary nature. The main objective was to elect the first members of the Support Committee for the Application and Compliance of the treaty, a body that will accompany the countries in the implementation of the Agreement.

“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”.

During those days, continuity was given to the work that had begun a year ago at COP1 in Santiago de Chile, where it was agreed to hold the extraordinary meeting of 2023 in order to reach certain “agreements” between the member countries that allow the effective application from Escazú as soon as possible. In this sense, different discussions took place around the existing challenges to strengthen access to information, public participation and access to justice in environmental matters.

The official Conference was held in the rooms of the Hotel Libertador and in parallel there were also a series of talks, workshops and meetings organized by the Ministry of the Environment and Sustainable Development of the Nation in conjunction with civil society organizations. civil. The parallel events were enriching since there were exchanges of experiences, knowledge and knowledge regarding the implementation of the Agreement in the different countries.

On the second day of the COP, the Economic Commission for Latin America and the Caribbean (ECLAC) presented the Implementation Guide, which provides information, guidance and different options for States to carry out the Agreement. pointing out Secretary Carlos de Miguel pointed out that “Escazú must be interpreted in an integral way, with a holistic approach and in good faith.” Some States also presented their implementation plans, Argentina communicated the actions that are being developed within the framework of the Fifth National Action Plan for Open Government.

However, the most significant exchanges and interventions occurred when addressing the Action Plan for Environmental Defenders, an instrument that will allow progress towards the full and effective implementation of Article 9 of the Agreement, which establishes that each State party must guarantee a safe environment for people who defend rights in environmental matters. This is essential since Latin America and the Caribbean are more dangerous regions for environmental defenders. There, the original peoples were the protagonists by manifesting the entire path that remains to be traveled and the innumerable existing needs, among them, having effective participation in environmental protection and justice measures, according to their realities.

The defenders of the province of Córdoba were also able to express their claims through the voice of a neighbor who was a member of Vecinxs Unidxs del Barrio San Antonio, who expressed the serious situation of the defenders who were charged with the cause of the Punilla Highway and the conflict with the company Porta Hnos, among others.

In addition, the defenders put on the table the need for the Agreement to contain a gender perspective. In this sense, they stated that it is necessary to make visible the differentiated risks that women defenders have, to vindicate and make visible the role of women as defenders of life and the environment.

Regarding the election of the Support Committee for the Application and Compliance with the Treaty, the States Parties were in charge of electing the seven members of this new instance: Andrés María Napoli (Argentina), Guillermo Eduardo Acuña (Chile), Mariana Blengio Valdés (Uruguay), Rita Leonette Joseph-Olivetti (Granada), Patricia Madrigal Cordero (Costa Rica), Carole Denise Angela Stephens (Jamaica) and Félix Wing Solís (Panama). For the election, criteria of experience in the subject, geographical distribution, gender parity and legal trajectory were taken into account.

The preparation of an Action Plan that establishes protection standards for human rights defenders in Environmental Matters in Latin America and the Caribbean was also presented. This plan is made available and considered through a Public Consultation available until June 21 on the ECLAC website.

It is essential to note that citizen participation, one of the strengths of the Escazú Agreement, has been a matter of discussion since the beginning of the conference, since many people could not participate in the event due to the accreditation system for official activities. We must express our annoyance and concern in this regard, given that many defenders were unable to enter the sessions even when there was space in the room. On the other hand, we welcome Brazil’s commitment to be part of the Agreement in the short term, and we urge the other States of the region to ratify it.

We highlight, once again, that Escazú constitutes an essential tool for the protection of the environment in the region, strengthens the work that local communities are carrying out and provides concrete tools to achieve the human right to a healthy environment. For these reasons, we consider it essential that spaces for discussion continue to be generated and fostered so that the Agreement is implemented as soon as possible in all the countries of the region.

 

More Information

 

Authors

Ananda Lavayén

Carrizo Maria Laura

Contact

lauracarrizo@fundeps.org

In the month of March we will start the cycle of workshops “How to access environmental rights? Escazú Agreement for communities”, within the framework of the project “Escazú Agreement: What happens in Córdoba?”, which aims to promote capacities regarding the rights provided for in the Agreement in our province and strengthen community tools to demand its application.

“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 last year, we developed the first stage of the project through monitoring and diagnosis of compliance with the rights provided for in the Escazú Agreement (rights of access to information, participation and justice) in our province. The results we obtained aroused great concern about the limited access, by communities, to the rights and tools that the Agreement grants.

Based on the above, the objective of this second stage is to advance in the promotion and consolidation of capacities of the local community, through a cycle of empowerment workshops on the tools provided by this agreement, which was incorporated into our legislation. Within this framework, we will develop four workshops in different strategic locations in the province, with the following schedule:

  • Alta GraciaMarch 18 (9 a.m. to 12 p.m. – Club Central)
  • Villa MaríaMarch 31 (5:00 p.m. to 8:00 p.m. – Universidad Nacional de Villa María)
  • CosquínApril 15 (9 a.m. to 12 p.m. – Sociedad Española)
  • CórdobaApril 28 (in the Amphitheater of the Siglo 21 University – Ituzaingó 484, Nueva Córdoba)

The content of the meetings is presented in 2 large modules:

  1. the first deals with environmental conflicts and essential notions of the human right to a healthy environment and environmental policy;
  2. while in the second it delves into the Escazú Agreement and the rights of access to information, participation and justice.

The speaker will be the lawyer and university professor María Laura Foradori, who is also a specialist in environmental education and a master’s degree in environment and sustainable development, member of ACACIA, a network of environmental lawyers.

We believe that these meetings are very important for the construction of networks and collective knowledge from the territories in struggle against environmental conflicts in our province. We hope that all interested people can join!

 

Sign up here:bit.ly/TalleresDerechosAmbientales

 

This activity is supported by:

Mesa por el Agua y el Ambiente Alta Gracia – Feria Agroecológica Córdoba – Vecinos Unidos en Defensa de un Ambiente Seguro (Fuera Porta) – Vecinos autoconvocados por la salud y el ambiente Marcos Juárez – ACACIA Derecho Ambiental – RACC (Red de Abogacía Comunitaria) – Legal Empowerment Fund – Universidad Villa María – Universidad Siglo 21

 

More Information

 

Contact

Laura Carrizo, lauracarrizo@fundeps.org

We presented an environmental protection before the Justice of Córdoba for the serious situation of contamination and degradation that Lake San Roque presents, one of the main reservoirs of Córdoba.

“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”.

After an in-depth study of the critical situation of environmental contamination suffered by the main water basins of the province, including Lake San Roque, Los Molinos Dam and Suquía River, we made a diagnosis where we capture its current state and the causes pollution, the consequences that this generates in the environment, in the community and in biodiversity, and we make a series of recommendations to the authorities.

As we were able to determine, the main cause of contamination is the lack or deficiency of appropriate public policies. Which translates into poor management of sewage effluents and urban solid waste, deforestation, contamination with agrochemicals, fires, lack of environmental impact studies in public and private works, among others, all of which ends up seriously affecting the water courses.

We particularly focus on Lake San Roque due to the great importance that this lake has for the entire province, since there are various cultural, economic and developmental life webs in and around it, in addition to supplying water to a large part of the people who live in Córdoba. It is estimated that the water that more than a million and a half people drink comes from the lake, and it is the economic engine of the entire Punilla region.

Given the alarming situation of the lake, and given the lack of initiatives by the authorities to stop the contamination immediately and clean up the basin, despite the constant demands of the community, we decided to go to court through an injunction environmental.

What does the protection consist of?

The purpose of this legal action is to request the Courts to intervene proactively in the protection of the right to health, quality of life and preservation of a healthy environment. Through the amparo presented, we sue the authorities responsible for the situation of Lake San Roque, that is: the Government of the Province of Córdoba, the Ministry of Public Services of the Province of Córdoba, the Provincial Administration of Water Resources of Córdoba ( APRHI), the Secretary of the Environment of the Province of Córdoba, and the municipalities and communes that the basin crosses.

The objective of this action is to ask the Cordovan justice to:

  • condemn the defendant authorities to carry out actions aimed at preventing polluting behavior in the San Roque Lake basin and its tributary rivers;
  • order to cease the dumping of substances that pollute the lake;
  • Demand to stop public and private works that could deepen the critical situation of the basin;
  • order the urgent restoration and remediation of the lake;
  • At the same time, we ask for the creation of an interdisciplinary and interjurisdictional River Basin Committee, which has powers of inspection, control, authorization of polluting activities and/or undertakings, among other powers. The formation and proper functioning of said Committee is fundamental in order to consolidate efficient and appropriate solutions to the needs of the entire community. In this sense, we request that citizen participation be guaranteed in advance in its formation and in its subsequent operation, and that its opinion be mandatory for the authorities.

The reality shows the serious and critical situation that all the water courses in the province are going through, something as basic as the water we drink cannot admit more inaction and delays on the part of the authorities. For this reason, we hope that the Justice of Córdoba responds quickly and responsibly to this cause, given the importance it has for those of us who inhabit the province, for future generations, for the environment and for the community of Punilla.

 

More Information

Situational Diagnosis of the Water Resources of Córdoba: Los Molinos Lake and San Roque Lake

Situational Diagnosis of the Water Resources of Córdoba: Suquía River

 

Author

Ananda Lavayén

Contacto

Laura Carrizo, lauracarrizo@fundeps.org

Next Monday, July 12 -from 5:00 p.m. to 6:30 p.m.- we will present, together with a group of organizations, the Argentine Network of Community Advocacy, a space for articulation, support, advocacy and learning between organizations and legal professionals from all over the country, that we work for access to rights and legal empowerment of vulnerable people or groups. To participate, register here.

“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”

Taking into account the great difficulties that social organizations and activists encounter in defending the rights of vulnerable groups, from ACIJ, FUNDEPS, TECHO, CAPIBARA, XUMEK – REPAD and ANDHES we saw the need to create a Community Advocacy Network to solve legal needs and structural problems that similarly affect large groups: people with disabilities, migrants, women, children and adolescents, the elderly, indigenous peoples, people deprived of liberty, victims of institutional violence , among others.

We seek to face with collective strategies the great obstacles that exist when practicing social advocacy and, in this way, guarantee effective access to the rights of their communities.

We are waiting for you next Monday, July 12 -from 5:00 p.m. to 6:30 p.m.- to the presentation of this initiative, which is in permanent construction, to continue adding contributions from organizations and activists who want to be part of it.

What is RAAC?

RAAC is the Argentine Network of Community Advocacy. Its objective is to build a space for articulation, support, advocacy and learning among legal professionals from all over the country, who work for access to rights and the legal empowerment of vulnerable people or groups.

Goals

  • Generate alliances, synergies and solidarity between social organizations, professionals and activists that work in the field of community advocacy and community legal empowerment.
  • To promote greater visibility of the different local experiences linked to the subject.
  • Carry out an advocacy agenda in local and national public policies, linked to community advocacy and legal empowerment.
  • Increase the national debate on community advocacy and its development as a disciplinary field.
  • Generate a learning community that respects the plurality of thoughts and opinions, strengthens community growth and contributes to the development of the capacities and abilities of all those who are linked to community advocacy and legal empowerment

Para participar del evento, inscribite en este formulario.

A group of more than 30 organizations in Córdoba prepared a letter expressing our concern over the eventual appointment of Juan Manuel Delgado as Attorney General of the province of Córdoba.

“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”

Today the Legislature of Córdoba is voting for the nomination of Juan Manuel Delgado to the position of Attorney General of the province of Córdoba. The position, by Constitutional mandate, is proposed by the provincial executive and must have the agreement of the Legislature.

Last Thursday, March 11, we attended the Public Hearing that was held and presented observations on some aspects that we consider critical. In this sense, we highlight the lack of independence that we consider to exist when nominating a person who is currently serving in the executive branch, as well as the lack of training and experience in criminal matters, human rights, gender and diversities and environmental problems.

Today, more than 30 organizations made public our concerns regarding the appointment of the proposed Prosecutor. Although they take up some of the points raised at the Hearing, this open letter places special emphasis on the threat that we warn regarding the validity of the sexual and (non) reproductive rights that have been achieved, given the candidate’s previous connections and his statements in the Commission. of Constitutional Affairs.

Contact

Nina Sibilla, ninasibilla@fundeps.org

Mayca Balaguer, maycabalaguer@fundeps.org

This Thursday we participated in the Public Hearing to discuss the application of the lawyer Juan Manuel Delgado to the position of Attorney General of the Province of Córdoba, convened on 03/04/2021 through the Official Gazette.

“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”

It was carried out after Governor Juan Schiaretti sent to the Unicameral Legislature of Córdoba, through file No. 32245 / P / 21, the formal proposal for the purpose of requesting agreement for the appointment of Juan Manuel Delgado as Attorney General of the province.

Juan Manuel Delgado, is a lawyer, and currently works as Procurator of the Treasury of the Province of Córdoba (since May 2019). In addition, he was Secretary of the Arbitration Court of the Cordoba Stock Exchange (2012/2018), Member of the Board of Directors of the Cordoba Stock Exchange (2019), Secretary of the Stock Exchange (2018), and Director of the Institute of Legal and Business Investigations of the Córdoba Stock Exchange (2017-2019).

On this occasion, we leave raised the following aspects, which we consider extremely worrying: 1) First, the serious impact on the institutional quality of the province with the application to occupy the highest position of the Public Ministry to a person who has just practiced as a lawyer within the executive power, precisely as a Procurator of the Treasury of the Province of Córdoba, which depends on the State Prosecutor’s Office of the province. This strongly undermines the constitutional mandate of independence among the powers of the State; 2) Secondly, and according to the only information available about the applicant’s career, there is an obvious lack of knowledge and experience in criminal matters, the area of ​​main activity of the Attorney General of the province. In addition to this, there is no evidence in the applicant of training and / or background in human rights, environmental law and in the perspective of gender and diversity.

Finally, we leave it exposed that, beyond the training, experience and trajectory in these topics, which we consider of great relevance, we are interested in the applicant showing a commitment to active work in these matters. The Attorney General’s Work Plan, which defines the priorities of criminal policy, must be public to all citizens and must incorporate these issues.

Contact

Together with the group Todos Por Nuestro Arroyos de Alta Gracia, we filed an appeal challenging the decision that rejected participation as interested third parties.

“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”

During 2018, together with the group Todos Por Nuestro Arroyos, we requested participation as third parties in the cause of Country el Potrerillo de Larreta. Recall that in this debate the legality of the enclosure of the Los Paredones stream by the country, in the city of Alta Gracia.

During the year 2020, the main cause obtained a sentence by the Chamber of Appeals in Civil and Commercial Matters of the Ninth Nomination of the city of Córdoba, allowing the enclosure of the stream. In December of the same year, after a long time without obtaining a resolution, the Civil and Commercial Court of 2nd appointment of Alta Gracia decided to reject the required participation.

In such a situation, we file an appeal requesting that participation in the process be reviewed and admitted. The grounds on which the rejection is based are based on a vision that restricts and contradicts certain rules present in the national legal system, and that at the same time, sets a regressive precedent in terms of access to justice.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

Together with the social group Todos por Nuestro Arroyos (TxNA) we express our disagreement with the decision of the Civil, Commercial and Family Court of 2nd Nomination of Alta Gracia. Said resolution, notified hours before the start of the judicial fair, denied participation as interested third parties that we requested together with neighbors of the city, in the trial that Potrerillo de Larreta S.A. It started against the province of Córdoba for the removal of the wires, which illegally prevented the passage in the Los Paredones stream.

“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”

“It is regrettable that our participation has been considered irrelevant, and among the arguments the idea has been taken that we have no reason to feel legitimated to participate in the trial. This case mobilized all of Alta Gracia, who understood that there cannot be more wires in the spaces that belong to all of us, “said Fabiana Marbián, a member of TxNA and a resident of the city.

“It gets worse when the Judiciary took more than two years to respond to neighbors who, with no interest other than protecting the resources that belong to all Altagracians, ask for participation in a trial that involves all of us,” he emphasized. Marbián, while adding: “It is not to believe, but the years continue to pass and from the private neighborhood they continue to achieve their objective, which is to wire a public watercourse.”

From Fundeps we will appeal to the judicial decision, because the rejection seriously affects fundamental rights of citizenship. One of the most affected rights is the denial of the participation of neighbors in a controversy in which access to a stream (subject to the public domain) and the enjoyment of its environmental services are at stake, which goes against the guarantee of access to justice, the right to enjoy effective judicial protection, as well as the enjoyment of the right to the environment.

This rejection not only affects the participation of the institution in this specific case, but also sets a regressive judicial precedent for the entire province in terms of access to justice by civil society. The participation of civil society in this type of process is key to improving judicial activity in matters of public interest and to democratizing judicial debate.