Tag Archive for: Environment

,

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

, ,

The VUDAS fight crosses borders: the IACHR analyzes the case for human rights violations in Córdoba

Fundeps, together with the United Neighbors in Defense of a Healthy Environment (VUDAS), submitted a petition to the Inter-American Commission on Human Rights (IACHR). The goal is for this international body to assess the responsibility of the Argentine State regarding the illegal operation of the company Porta Hnos. S.A. in the San Antonio neighborhood of the city of Córdoba. Recently, the IACHR notified that the petition is in the “admissibility” stage, and the Argentine State must submit relevant information before July 25.

In April 2024, the Foundation for the Development of Sustainable Policies (Fundeps), together with the United Neighbors in Defense of a Healthy Environment (VUDAS), submitted a petition to the Inter-American Commission on Human Rights (IACHR). The purpose of the petition is for the IACHR to become aware of the violation of fundamental rights resulting from the illegal operation of the company Porta Hnos. S.A. in the San Antonio neighborhood of the City of Córdoba, and to assess the responsibility of the Argentine State in this regard.

Over the course of these 13 years of struggle, VUDAS has filed numerous administrative complaints and legal actions at various levels of government, supported by solid independent studies that prove the serious damage caused to the environment and the health of families in the neighborhood. However, to this day, they have not received any solutions from local authorities. That is why we decided to bring their case before this international body.

Recently, we were notified that the petition has moved to a new stage in the process: the admissibility stage. This means that the IACHR considers the petition to meet the formal requirements and is ready to be analyzed in depth. To that end, it has requested information from the Argentine State, which must respond within four months of the request being sent—by July 25. Reaching this stage is of great importance, as only a small number of the thousands of petitions the IACHR receives annually make it this far.

In the petition, we request that the competent authorities be required to:

  • Adopt the necessary measures to stop the pollution caused by Porta Hnos. S.A.

  • Order the immediate relocation of the plant located at Avda. Valparaiso 4850, City of Córdoba, outside the urban area of the city, in compliance with current environmental legislation.

  • Take all necessary measures to identify and remediate the environmental damage caused by the plant’s operations.

  • Provide free medical and psychological assistance to those affected by the environmental pollution.

  • Order the creation of a Community Development Fund to be financed by the company.

All of this is within the framework of the serious pollution caused by the company’s operations, which affects the community’s rights to health, a healthy environment, a dignified life, and citizen participation, among others, for those living near the bioethanol plant.

A company that breaks the law with state backing

Over all these years, the company has failed to comply with the Environmental Impact Assessment procedure, despite it being a mandatory legal requirement for this type of industry and having been ordered by at least four court rulings at different levels. Even more serious is the fact that this noncompliance is not only due to the company’s refusal, but also because the Ministry of Environment and Circular Economy itself has refused to require the company to carry out the assessment.

In this context of state absence and neglect, progress in this international instance represents an opportunity to seek justice for all the environmental and social harm caused by the company. It also represents a renewed push in the sustained struggle of VUDAS, supported by Fundeps, which motivates us to continue forward with the same commitment to access to justice and environmental democracy. As well as for a more just, equitable, and sustainable society, based on public policies that guarantee the human rights of all people.

Author:

Ananda Lavayen

Contact:

Laura Carrizo, lauracarrizo@fundeps.org

,

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
,

Necessary debates: Fundeps held a discussion on the Energy Transition in Argentina

The event organized by Fundeps (Foundation for the Development of Sustainable Policies), CAUCE Foundation (Environmental Culture – Ecological Cause), FARN (Environment and Natural Resources Foundation) and Siglo 21 University, held on November 11, was a meeting of analysis and debate on the main challenges facing Argentina in the context of the global energy transition.

“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 event, which was held in a discussion format, was organized into thematic panels, one of which was: “The role of China, multilateral banking and transnational corporations in the Argentine energy transition” with the participation of Dr. Virginia Busilli and Lic. Maitén Fuma (UCC), Valeria Enderle (CAUCE Foundation), Francisco Zanichelli (UNC) and Carolina Juaneda (Bank Information Center), moderated by Matías Cena Trebucq (FARN). The second panel, “The challenges of lithium exploitation in Argentina in a context of investment incentives and environmental deregulation”, was hosted by Edgardo Litvinoff (Red RUIDO), María Laura Carrizo Morales (Fundeps), Leandro Gómez (FARN), Federico Trebucq (UES21, CONICET), moderated by Paula Hernández (Fundeps).

On this occasion, Fundeps also presented the report “The exploitation of lithium in the high Andean salt flats: a socio-environmental analysis based on the Argentine case”, which aims to comprehensively address the different conceptual, legislative and discursive perspectives and components that intervene in this context of global energy transition. It also addresses the consequent acceleration in the demand for lithium in our country and region for an informed discussion.

Not every energy transition is a fair energy transition

The race to control the supply chain of so-called critical minerals, or minerals for the energy transition, opens a new chapter in the global geopolitical dispute. Countries in North America, Europe, and Asia, particularly China, are competing not only to dominate the technologies of the final products, but also for access to the deposits of these minerals. At the same time, it is evident that the search for developing “green solutions” is the politically correct narrative today, but is there really progress towards a fair energy transition in social and environmental terms? What roles do the global south and the global north adopt in this new “green” dynamic? What place do communities have in this process? These were some of the questions addressed in the discussion.

Argentina is today the world’s fourth largest producer of lithium and has approximately 50 projects in different phases. With the focus on generating foreign currency required to repay the external debt, provincial and national governments prioritize these investments without carrying out the corresponding studies to determine whether the operations can be carried out without causing irreversible damage to the environment and the communities that have lived there for hundreds of years. The loss of biodiversity, ways of life, knowledge and Andean cultures not only turns these territories into sacrifice zones for the hyper-consumerist model of the Global North, which does not seek to reduce its demand for minerals and nature, but also reinforces existing inequalities and blocks the possibility of thinking about a paradigm shift that places the care of the lives of people and ecosystems at the center, and that teaches us to live within planetary limits.

Undoubtedly, the consequences of the increased demand for lithium extraction and production in this “green race” generate debates of a social, environmental, legal, discursive and ideological nature, as the different meanings and objectives of the different actors involved come into dispute. During the more than two hours that the discussion lasted, experts and representatives of civil society, academia and journalists from Córdoba and other provinces debated and exchanged their opinions on the impact of lithium mining on the environment, the economy and local communities, making it clear that not every energy transition is a fair energy transition and that the extractivist logic reproduces the historical roles of the countries of the Global North and South and also replicates extractivist practices and human rights violations of local and indigenous communities, while reinforcing the vicious cycle of continuing to exploit nature.

 

More Information

 

Contact

Gonzalo Roza, gon.roza@fundeps.org

, , ,

The exploitation of lithium in the high Andean salt flats: a socio-environmental analysis based on the Argentine case

This report aims to address the different conceptual, legislative and discursive perspectives and components that intervene in this context of global energy transition and the consequent acceleration in the demand for lithium in our country and region. It seeks to take a comprehensive approach to lithium exploitation in Argentina and the region, providing elements for an informed discussion.

Descargar Documento / Download File
,

We want San Roque Lake clean now!

At Fundeps we have been working since 2009 for the right to a healthy environment. We understand the environment from a comprehensive and broad perspective that includes the interaction between natural common goods and society. From this perspective, we are concerned about the province’s water, so in this note we will tell you chronologically about the actions we are carrying out in the search for solutions for a healthy San Roque lake.

“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 2020, we carried out a Situational Diagnosis of Córdoba’s Water Resources: Lago Los Molinos and Lago San Roque, with the aim of analyzing the state of the main basins in the province, fully understanding the problem and analyzing possible courses of action.

The San Roque Lake Basin is in an extremely serious situation due to its advanced state of eutrophication. This means: the proliferation of algae in fresh water as a result of an excess of nutrients, particularly phosphorus; this natural process is exacerbated during hot weather. The situation is mainly due to the lack of sanitation in the Punilla area, a deficient sewage system, lack of control over discharge authorization, degradation of the lake, fires, deforestation, among others. With this basis, we carry out negotiations with decision-makers with the aim of undertaking actions for its remediation.

The pollution of the San Roque Basin not only puts at risk the health of people who are directly or indirectly in contact with the basin, but also affects the quality of life, the landscape, regional economies and the biological diversity of the province.

As we did not receive any positive responses from the provincial administration and as a last resort, in November 2022 we filed a Collective Environmental Protection action suing the Province, the communes and municipalities that make up the San Roque Lake Basin, the Provincial Administration of Water Resources of the Province of Córdoba (APRHI), the Ministry of Public Services of the Province of Córdoba, and the Secretariat of the Environment of the Province of Córdoba (now Ministry). Check out the timeline of the case here.

In the writ of amparo we ask the courts, among other measures, to gradually cease polluting activities such as dumping hazardous waste, sewage, and industrial waste; to order the defendants to build, complete, or expand the necessary sewage works, and to create an autonomous and self-sufficient River Basin Committee, made up of the various stakeholders in the river basin. We also request various precautionary measures such as the suspension of any authorization to carry out untreated dumping, the creation of a temporary management plan, and the design of a risk communication plan, among others.

In March 2023, the Third-Party Administrative Litigation Chamber partially admitted the requested precautionary measure and ordered the Government of Córdoba to prepare and present a provisional Sanitation and Sustainable Development Plan within 60 days.

The province appealed this resolution and simultaneously presented a plan that does not comply with the resolution. The plan presented has serious deficiencies: it does not stipulate deadlines, budget, or agencies in charge of execution. In addition, it is a plan that greatly exceeds the limits of the precautionary measure since it was designed to be executed within a period of 15 years. We at Fundeps made various observations. To date, the intervening Chamber has not yet issued a ruling. We consider that the design of an environmental management program of such impact and temporal extension, which involves present and future generations linked to the San Roque Basin, must necessarily be designed in dialogue with the population and that the future of the basin cannot be decided in the limited period of 60 days.

Currently, the judicial process is still ongoing and in the meantime the province, the Ministry of Environment and the Basin Authority (created in November 2023 by law 10,941) are carrying out insufficient cleanup actions: they are the same ones that have been carried out for years and that have not prevented the current contamination situation.

In the face of the summer season, with very high temperatures, thousands of hectares recently burned and a deep drought, we believe that it is time to demand actions that lead to different results that transform the management of the basin and promote real change. It is a key moment to request citizen participation in the design, execution and implementation of public policies aimed at the sanitation of the basin.

 

Your participation is key to achieving the cleanup of the basin. SIGN HERE!

 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

,

(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

,

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
,

Marcos Juárez’s health remains at risk: statement on fumigation protection

The provincial justice decided to consider that the protection initiated by residents of Marcos Juárez and Fundeps had not been presented due to errors related to the formalities of the process that were corrected at the time of being requested. The underlying issue, which is the distance for the application of agrochemicals within the municipal ejido, remains undiscussed, since the current ordinance is not complied with. This resolution affects access to justice and the rights to health and a healthy environment in the community.

“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 November 2023, from Vecinos Autoconvocados de Marcos Juárez and Fundeps we presented an environmental protection with the aim of increasing the distances between populated areas and the application of agrochemicals, due to the effects that these cause on community health. This judicial step was taken after having made various claims and requests for dialogue with local authorities, and not finding appropriate responses.

After the presentation of the amparo, the Civil, Commercial, Labor and Family Chamber of Marcos Juárez began the process, ordering its publication and requesting the Municipality of Marcos Juárez to answer the lawsuit. On that occasion, the Municipality pointed out errors related to the format of the presentation of the amparo document, which later resulted in a judicial resolution that decided to have it as not presented. This formatting error was due purely and exclusively to the way in which the neighbors’ signatures were placed in the electronic file, and was immediately corrected through ratification. Furthermore, the people who signed made themselves available to the Court to ratify the protection in person and leave no room for doubt about their intention to continue with the process. However, these efforts were not considered by justice.

It was just a question of forms. The court did not provide a ruling on the underlying content of the protection, which is the distances in the application of agrochemicals, nor did it give an opinion on the technical information provided that shows the existence of damage to the health of the population, particularly children, girls and adolescents.

The judicial action, in short, is based on the concerns that we have had for many years as residents of Marcos Juárez who see our health affected, due to the non-compliance and ineffectiveness of the current legislation, and we have decided to seek a response, with the support from Fundeps, an organization from Córdoba that has been working for 15 years promoting rights and accompanying affected communities throughout the province.

This decision seriously affects the right of access to justice in environmental matters of the Marcos Juárez community, since there was no discussion about the use of agrochemicals or their impact on health and the environment. This type of resolution goes against the precautionary principle that must prevail in any environmental process, where measures must not only be proposed to eliminate environmental damage, but also minimize the possibility of its continued occurrence.

We reaffirm that our fight for an environment free of pesticides is still standing and stronger than ever. Our commitment to a healthy environment for the entire population of Marcos Juárez is unwavering.

We will continue working hard to guarantee an environment free of contaminants and pesticides, based on the constitutional principles that support us.

 

More Information:

 

Contact:

María Laura Carrizo, lauracarrizo@fundeps.org

,

Organizations reject the president’s speech in favor of the exploitation of natural resources without considering the environmental dimension

The signatory organizations here express our deepest rejection of the speech by the President of the Nation, Javier Milei, on the occasion of the signing of the so-called May Pact, in which he urged provincial governments to advance in the exploitation of natural resources without contemplating the environmental dimension nor the demands of local communities and 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”.

The president’s words and the text signed by the provincial authorities (point 7) go against the constitutional mandate, which guarantees all Argentines the right to a healthy, balanced environment suitable for human development, and which establishes the duty of the authorities to provide for the protection of this right, the rational use of natural resources, the preservation of natural and cultural heritage and biological diversity and environmental information and education.

The president publicly states that promoting the development of productive activities without any type of environmental control and regulation will result in the generation of wealth; a premise already surpassed more than fifty years ago throughout the world due to the negative impacts that the destruction of ecosystems generates on the quality of life of the population, and the way in which it obstructs the productive development of nations. The uncontrolled exploitation of natural resources generates more poverty and demands more resources from the State to alleviate the social and environmental crises it causes.

The president’s statements also imply a world that no longer exists. The country’s insertion into the international scenario implies greater responsibility in social and environmental terms, due to the requirements and obligations established in bilateral agreements and multilateral treaties and the requirements to access membership of groups of countries. It is not possible to think about the development of a country today without considering the social and environmental footprint of the use of the goods that it offers to the world.

The May Pact signed in the Historic House of Independence in Tucumán must mark a path in favor of harmony and national unity and put aside unnecessary enmities. Unfortunately, the mention of “noisy minorities” and the classification of environmental organizations as adversaries of progress marks the wrong direction in this regard.

Environmental defenders in the territories play a key role in the protection of soil, water, biodiversity, native forests, glaciers, wetlands, rivers, the sea, peatlands, aquifers, mountains, landscapes , cultural values ​​and nature. Without these ecosystems, without the environment, there is no possible progress.

Likewise, environmental organizations have had and have a leading role in the creation of new National Parks, nature reserves and protected areas, thus collaborating in the conservation of our natural and cultural heritage. Furthermore, non-governmental organizations are legitimate components of civil society in modern democracies around the world.

40 years after democratic recovery and 30 years after the last constitutional reform, Argentina needs a social and environmental pact. But not just any pact, but one that proposes living in harmony with nature and that leads us to true development, that contemplates present generations and also future generations that will inherit our country and our planet.

In this framework, we demand that the national and provincial authorities guarantee that all Argentines have their constitutional right to a healthy environment, that current environmental regulations be respected and applied, and that access to information and citizen participation in environmental matter.

 

Organizaciones firmantes:

  • Agencia de Cooperación para el Desarrollo
  • Ahora qué?
  • Alianza x el Clima
  • AsAE
  • Asociación Ciudadana por los Derechos Humanos
  • Asociación para la Conservación y el Estudio de la Naturaleza
  • Asociana
  • Aves Argentinas
  • Banco de Bosques
  • CAUCE (Cultura Ambiental Causa Ecologista)
  • CeDePesca
  • CeIBA (Centro de Investigación del Bosque Atlántico)
  • CEPPAS (Centro de Políticas Públicas para el Socialismo)
  • Circulo de Políticas Ambientales
  • Comunidad Verde
  • Conciencia Solidaria
  • Consciente Colectivo
  • Ecohouse
  • FARN (Fundación Ambiente y Recursos Naturales)
  • FSAC
  • Fundación Ambiente y Medio
  • Fundación Avina
  • Fundación Biodiversidad Argentina
  • Fundación Cambio Democrático
  • Fundación Hábitat y Desarrollo
  • Fundación Mil Aves – Córdoba
  • Fundación Patagonia Natural
  • Fundación Protestante Hora de Obrar
  • Fundación Somuncura
  • Fundación Yuchan
  • Fundeps
  • Futuro
  • IIED-AL (Instituto Internacional de Medio Ambiente y Desarrollo IIED-América Latina)
  • Instituto de Conservación de Ballenas
  • Isla Verde – Sembrando conciencia
  • Jóvenes por el Clima
  • Laudato Si – Ecología integral
  • Los Verdes
  • Natura Argentina
  • PEM (Por El Mar)
  • Plurales
  • Proyectar ONG
  • Proyecto Quimilero
  • Red Agroforestal Chaco Argentina
  • Red de Mujeres en diálogo ambiental
  • RUCC
  • SAREM
  • Somos Red – agroecología y cooperación
  • Surfrider – Foundation Argentina
  • Sustentabilidad Sin Fronteras
  • UICN – Comité Nacional Argentina
  • Unidos por Nuestras Acequias
  • Viento Sur – Zapala
  • WCS Argentina
  • Wetlands International
,

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

,

From Córdoba to Brazil: Environmental defenders in the Inter-American Court of Human Rights

From May 20 to 29, the 167th Ordinary Period of Sessions of the Inter-American Court of Human Rights (CoIDH) was held in Brazil. On this occasion, the Public Hearings of the Advisory Opinion on “Climate Emergency and Human Rights” presented by Chile and Colombia continued. On April 27, the CIEL Foundation and VUDAS (United Neighbors in Defense of a Healthy Environment) were presenting within the framework of the amicus curie presented by Fundeps together with other civil society organizations, representatives of the Public of the Escazú Agreement and communities in struggle, relating to human rights defenders in environmental matters in the context of climate change and energy transition.

“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 January 2023, Chile and Colombia presented to the Court a request for an Advisory Opinion on Climate Emergency and Human Rights. Through this request, the CoIDH was asked to issue a ruling in relation to state obligations to protect, prevent and guarantee people and territories in the context of a climate emergency.

Dozens of organizations and defenders from the region saw in this request for an advisory opinion an opportunity to present to the IACHR their observations, arguments and concerns regarding the points of analysis presented by Chile and Colombia. The level of citizen participation, carried out through amicus curiae, makes the request historic and highlights the concern that exists around the issues presented to the CoIDH for its consideration.

In this sense, in the amicus curie, from Fundeps, together with more than 15 civil society organizations, elected representatives of the Public of the Escazú Agreement and communities in struggle, we provide arguments related to:
a. the importance of ratifying the Escazú Agreement by countries that have not yet done so.
b. The fundamental thing would be for the Inter-American Court to apply the protection standards of the Escazú Agreement in its decisions.
c. The intersectionality that exists between structural inequalities, vulnerability to the climate emergency and the risks faced by women and, in particular, women defenders.
d. The challenges presented by the energy transition in relation to the protection of human rights.

Representing the amicus, Luisa Gómez from the CIEL Foundation and Silvia Cruz and Maria Rosa Viñolo from Vecinas Unidos en Defensa de un Ambiente Seguro (VUDAS) traveled to participate in the hearing in the city of Manaus, Brazil. On Monday, May 27, they presented the main argumentative points of the amicus. You can see his interventions starting at minute 51:27 of this video.

They have been carrying out a socio-environmental struggle for more than 10 years against the installation and operation of a bioethanol production plant in their neighborhood, in the City of Córdoba. From Fundeps, we accompany the VUDAS in their fight and on this occasion, we present their witness case in the inter-American system as it illustrates the challenges faced by human rights defenders in environmental matters and even more so by women defenders. The VUDAS, like other organizations, navigate daily the contradictions of an unjust energy transition, which generates areas of sacrifice and puts human rights in check. Many of the alternatives or solutions that are presented as “green” in the context of energy transition, bring with them multiple problems and violations of rights that, if not addressed comprehensively, endanger communities and territories.

The resolution of this request for an advisory opinion, which is expected at the end of this year, generates great expectations due to the need that exists in the inter-American human rights system, for the IACHR to issue a ruling regarding the obligations and responsibilities of the States. in the context of climate emergency and energy transition.

 

Author

Manuela Fernandez Grassani

Contacto

Laura Carrizo, lauracarrizo@fundeps.org