Tag Archive for: Environment

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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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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

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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.

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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WE SAY AGAIN: NO TO THE BASE LAW

On Thursday, April 25, the plenary session of the Budget and Finance, General Legislation and Constitutional Affairs Committees of the Chamber of Deputies reached the opinion on the new law of Bases and starting points for the freedom of Argentines (former omnibus law) . Today, Monday, the law will be discussed in the chamber, together with the so-called “Fiscal Package”, the law on Palliative and Relevant Fiscal Measures, which introduces modifications to the tax regime. From Fundeps, we once again say #NoALaLeydeBases, because:

“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”.

  • Its treatment and approval in Commissions was in accelerated times. And the debate process was not open or participatory. In this way, a broad and specific discussion of each of the topics addressed was not allowed.
  • It allows institutions such as CONICET, the National Securities Commission, the Financial Information Unit, ANMAT, INTA, INCUCAI, INCAA, Enacom, CONEAU, among others, to be intervened, split, partially dissolved or lose functions and powers. other decentralized or centralized organizations.
  • Depending on these powers, and by not being explicitly excluded from the list, it could affect the operation of the National Genetic Data Bank (BNDG), which allows the identification of the grandsons and granddaughters that the Grandmothers of Plaza de Mayo have been looking for since the dictatorship. ; and the National Administration of National Parks (ANP), putting our protected areas at risk.
  • It introduces modifications to the pension regime, which in a context of extensive labor informality, means that 9 out of 10 women will not be able to retire at age 60 and will have to wait until age 65 to access a Universal Benefit for the Elderly (PUAM), and that 7 out of 10 men will also not be able to retire at age 65, having to opt for a non-contributory pension or a proportional retirement.
  • The fiscal package introduces the elimination of the Social Monotribute, which was a category designed to promote the formalization of lower-income sectors. This measure could affect more than 600,000 workers.
  • The labor reform, in line with the chapter of DNU 70/2023 that was judicialized, implies an enormous reduction in rights, since it encourages unregistered work by eliminating fines and compensation, extending the trial period, among other measures.We insist that this project, even with the modifications that were made from February to today, must have greater public debate and cannot be approved. It affects the rights of workers, deepens gender inequalities, attacks the protection of nature, puts the science and technology system at risk; and subjects several public companies to privatization processes, which are strategic for the development of our country and the defense of sovereignty. 

     

     

    Contact

    Mayca Balaguer, maycabalaguer@fundeps.org

Marcos Juárez: we present a protection for the use of pesticides in populated areas

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

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Public Budget in Córdoba: reflections on the Public Hearing

The Executive Branch of the province of Córdoba presented the 2024 budget bill. On November 9, we presented ourselves at the Public Hearing held in the Legislature.

“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”.

Like every year, the following year’s budget bill is presented. This 2023, due to the elections, the times were brought forward and the project was presented on October 24, something that usually happens on November 15. After being presented, the project is discussed in several Commissions and approved in two legislative sessions, called 1st and 2nd reading. And in between, a Public Hearing is held.

From Fundeps we presented ourselves to the Public Hearing last Thursday, November 9. In this sense, it is noteworthy that starting this year, all the information related to the debate on the 2024 public budget law, with the project and its complementary documents, as well as with the calendar of sessions, dates of the Commission sessions and the Hearing. In addition, the way to register through a web form was improved compared to other years. Yes, we must note that it would be very useful for future occasions to publish the Commissions that meet on each date and to allow external participation, even if it is from listeners. Currently, committee sessions are uploaded to the Legislature’s YouTube channel after they happen.

At the hearing, we made some general observations that we understand make it possible to better analyze the budget and comments on a program related to Water and Sanitation. First of all, we explained that the descriptions of the Budget Programs are very generic and it is necessary that they be accompanied by physical goals and both quantitative and qualitative indicators, for the purposes of their monitoring. In the case of Program 572 analyzed, its content remains the same since its creation in 2018. In the case of the Works, contained in the Public Investment Plans, they are not directly described, at least in the budget documents. Then, we move on to explain Program 572 on Water and Sanitation, which is made up of two subprograms, one related to Drinking Water and the other to Sewage Liquids and Sanitary Services. In both cases we observe their evolution and behavior in the years 2022, 2023 and how they are projected in 2024. In that sense, in the two subprograms the same trend of sub-executions is observed in the year 2022 (32% and 53% respectively). , greater execution in the current year (87% and 75%) and a decrease in the budget allocation for 2024. More notable in the first subprogram than for the second. In that sense, we appeal that these programs be observed by the Legislators present, in view of budget approval in the second session on Wednesday, November 15.

A budget that guarantees rights, such as in this case drinking water and sanitary services that directly impact the rights to health and a healthy environment, is governed by the principles of progressivity and non-regression, in which care must be taken that In the allocation of resources there are no setbacks, avoiding cutting or reducing the levels reached.

Participation in the audience was very varied. There were Professional Associations (such as Lawyers or Notaries), civil housing associations, social sports, companions of children in vulnerable situations, among other actors. This shows that, although this instance is extremely valuable and allows a direct approach by the authorities to problems that bring together different social actors, it also reveals the lack of more spaces for participation. So that people and citizens who often face and solve public problems can channel their demands more effectively. This could be resolved with periodic hearings or greater social participation in the thematic commissions of the Legislature.

It is extremely important that these spaces become increasingly accessible, open and widespread. This is key so that the greatest number of social actors can approach and present their points of view and observations in the development of public policies that directly affect them.

More information

You can consult the entire Public Hearing here, and our participation in the minutes: 2:55.50 – 3:06.20.

Related notes Public budget:

Contact

Victoria Sibilla, ninasibilla@fundeps.org

Ícono de validado por la comunidad
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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”

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We participated in the 2nd Forum on Environmental Defenders of Latin America and the Caribbean

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

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Public consultation on the action plan for defenders in environmental matters

The public consultation on the action plan proposal on human rights defenders in environmental matters is open until July 6, within the framework of the Escazú Agreement. This plan will establish the priority actions and works to be developed at the regional level to advance towards the full and effective implementation of Article 9 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”.

Within the framework of the implementation of the Escazú Agreement, at the 1st Conference of the Parties (COP1) in 2022, the countries agreed to create an open-ended ad hoc working group on human rights defenders in environmental matters. This group currently performs its function within the framework of the Economic Commission for Latin America and the Caribbean (ECLAC) under the leadership and coordination of Chile, Ecuador and Saint Kitts and Nevis. Its main task is the preparation of an action plan to be presented at the second regular meeting of the COP for its consideration and approval in 2024. This document, in the preparation stages, is receiving comments and is undergoing a consultation process. with civil society and the public in which all interested persons can participate.

Let us remember that the Escazú Agreement is the first regional environmental treaty in Latin America and the Caribbean and the first in the world to contain specific provisions for the protection of human rights defenders in environmental matters. In particular, Article 9 of the Agreement establishes that “each Party shall guarantee a safe and favorable environment in which individuals, groups, and organizations that promote and defend human rights in environmental matters can act without threats, restrictions, and insecurity. In addition, each Party must take appropriate and effective measures to recognize, protect, and promote their rights, as well as appropriate, effective, and timely measures to prevent, investigate, and punish attacks, threats, or intimidation that they may suffer in the exercise of their rights. of the Agreement”.

Human rights defenders in environmental matters are understood to be any person who defends the right to a safe and healthy environment, the right to land and the rights of indigenous peoples. This poses a great risk, especially in Latin America, where there are daily cases of physical attacks, threats, intimidation, stigmatization and smear campaigns, as well as specific attacks on women defenders of the environment because of their gender.

In this context, a preliminary proposal for the Annotated Index of the Action Plan is in public consultation, which is carried out through a survey, whose objective is to record the comments and observations of the public on the proposed index. This survey facilitates the systematization of all the proposals received, as well as their subsequent review and analysis. You have time to participate until July 6 at 11:59 p.m.

The participation of the public in this process is fundamental, since this plan will establish the priority, specific and strategic actions and works to be developed at the regional level to advance towards the full and effective implementation of Article 9 of the Escazú Agreement.

 

ACCESS SURVEY

 

Author
Ananda Lavayen

Contact
Maria Laura Carrizo, lauracarrizo@fundeps.org

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We stand in solidarity with the citizens mobilized in Jujuy and demand an end to violence

“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 a context of subjugation of fundamental rights, such as the right to fair remuneration, to participate in the political processes of constitutional reforms and to care for the land, protest constitutes a legitimate form of claim for communities and for the citizenship in general.

The purported constitutional reform in the province of Jujuy violates widely recognized rights, such as the right to protest, limiting freedom of expression and property to indigenous lands, and enabling the continued violation of fundamental rights for all people, such as It has been happening since last June 17.

In this context, indigenous communities claim that this constitutional reform advances their acquired rights and their territories. Communities have rights that must be respected in the decision-making processes of the State. In this sense, we highlight that the Inter-American Commission on Human Rights “urges Argentina to establish transparent and voluntary dialogue processes, which include local traditional authorities, in order to address the demands of indigenous peoples.”

On the other hand, UN Human Rights expressed its concern about reports of violations of rights and violent actions within the framework of the protests in Jujuy. He made an urgent call for constructive and intercultural dialogue, which guarantees the effective participation of indigenous peoples and all interested parties, to overcome the crisis through democratic and institutional means.

We demand that the government cease institutional violence and repression towards the population, and convene spaces for dialogue and consultation in accordance with international human rights standards.

Furthermore, in a context in which misinformation circulates, and resources are used that relativize institutional violence and stigmatize indigenous peoples, workers and their organizations, we call for the media to carry out responsible dissemination of the facts, incorporating the voice of the people whose rights are being violated.

 

*Photo: @susi.maresca

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We present an Environmental Amparo for the contamination with pesticides in Colonia Tirolesa

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