Tag Archive for: Environment

Critical Observations on the Native Forest Bill

We present to the Legislature critical comments on the native forest law project in the province of Córdoba, with a lot of irregularities in the participation process and several questionable points in the wording of its text, which would imply a decline in the protection of native forests.

“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 2007, the National State passed National Law No. 26,331 of Minimum Budgets for Environmental Protection of Native Forests, as a base legislation, with equal protection for all inhabitants of the country. According to the constitutional mandate, the provinces are responsible for legislating either by equalizing or maximizing protection and include matters that they make to the specific or specific matters of each of them. Likewise, it establishes the national legislation and its Regulatory Decree No. 91/2009, each province must carry out its Natural Forest Management and update it every five years, through a participatory process and according to criteria of environmental sustainability established in its Articles and Annex .

The province of Cordoba sanctioned the Provincial Law of Territorial Ordering of Native Forests No. 9814 on August 5, 2010, in a process in which the participatory instance guaranteed by the national law was not respected. That legislation established a deadline for updating it that expired on August 5, 2015.

In apparent compliance with these regulations, at the end of September 2016, the provincial government decided to open a “dialogue table” in order to complete with the corresponding updating of the territorial planning of the native forests of Cordoba, seeking to overcome the irregularities of the process Made five years ago. However, the violation of the necessary conditions for the development of a sustainable participatory process was noticed. These shortcomings do not comply with the “Methodological guidelines for the updating of territorial regulations of native forests” approved by Resolution N 236 of COFEMA.

Recently, in the month of December 2016, the bill on the territorial organization of native forests was presented to the Legislature. That proposal is disconnected from the dialogue table insofar as it does not reflect the debates, contributions and discussions that were generated in the same.

From FUNDEPS we have prepared a document, “Draft Law on the Regulation of Native Forests and Regulation of Exotic Forests of the Province of Córdoba (Expte. 20811 / L / 16)“, as it does not conform to the minimum environmental protection budgets enshrined in our National Constitution and in the laws Environmental aspects that refer to this matter, both procedural aspects and substantive aspects.

We synthesize the main recommendations to the bill:

• Need to conserve the native forest existing in the province of Córdoba according to the map of law 9814 and only exceptionally allow the changes of land zoning, according to resolution 236/12 of COFEMA.

• Must observe the minimum legal parameters at the time of updating the OTBN, especially a real and effective access to the right to citizen participation.

• Extension of the restrictive definition of native forests.

• Reconsideration of the Ministry of Science and Technology as enforcement authority.

• Duty to expressly prohibit mining activity in high conservation categories.

• Duty to explicitly prohibit chemical dismantling and rolling practice in more conservative categories.

• Updating the OTBN map with technical – legal fundamentals.

• Limitation to sowing with exotic postures and reconsideration of environmental damage remediation with implanted species.

For these reasons we urge to generate an open and participatory process for the discussion on the updating of the forest law of the province of Córdoba and we suggest to adapt the project with the highest environmental legislation and to ensure at least the same level of environmental protection to our Native forests

Contact

Male Martínez, malemartinez@fundeps.org

Climate Change and Open Government at the Global TAI Meeting

The 6th Global Meeting of The Access Initiative (TAI) was held in Paris on 5 and 6 December, in which representatives of civil society from around the world met to discuss the importance of open government in relation to The challenges of climate change.

“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 view of the Open Government Partnership (OGP) Summit, which takes place from 7 to 9 December in Paris, the TAI Network held its Global Meeting to explore the linkages between two agendas: climate change and open government. TO

During two days, experiences, opinions and ideas were exchanged between experts and experts on both issues, to strengthen the capacities of civil society to influence these issues. Among the issues that have emerged from this is the link between transparency, open data and participation with climate finance, Nationally Determined Projected Contributions (INDC) under the Paris Agreement, among others. In this context, issues that were transversal to the agendas of civil society, such as human rights, gender, environmental advocates, were also addressed.

The results of this meeting are expected to be reflected in the OGP Summit, which this year focuses on climate change. The priority is then to achieve the synergy between these two agendas, in order to be able to advocate for transversal public policies.

Contact

Carolina Tamagnini – carotamagnini@fundeps.org

Participating in the ESCR-Net’s Global Strategy Meeting

On 15-19 November, 2016, over 100 social movements, civil society organizations and advocates will come together across more than 40 countries to confront global systems that perpetuate inequality, impoverishment and dispossession, explore alternatives that ensure collective well-being and build a global movement to make human rights and social justice a reality for all.

“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”

Human rights provide a vital source of political, moral and legal legitimacy for the pursuit of justice, self-determination and shared well-being. This framework unites ESCR-Net members in over 75 countries, where they work together to ensure accountability of governments and private actors, articulate alternative development models, promote substantive equality for women, advocate for rights Relating to land and natural resources, to strengthen litigation and implementation guided by affected communities, as well as to facilitate access and strategic use of information to promote ESCR.

Throughout this week, the different working groups of the network will discuss the challenges that the global context presents for the guarantee of ESCR. The growing impoverishment of citizenship, corporate capture of the state, growing inequality, degradation of ecosystems and repression of human rights activists; Are the faces of a system that still has a debt to human rights. The program gives an account of the variety of actions carried out by the network in the many countries in which it works.

On Tuesday, 15 November, the ESCR-Net opened its Global Strategy Meeting with more than 150 participants from more than 40 countries. The day highlighted the great responsibility of those who make up the ESCR-Net, in light of the common global conditions that pose a serious threat to human dignity and the potential of collective action throughout the world. Prior to defining the overall objectives of the Network for the next five years, participants assessed the collective work of the three previous ones through brief reports from the Corporate Accountability, Economic Policy, Monitoring, Strategic Litigation, and Women and ESCR, as well as the Solidarity System.

From FUNDEPS we participate in this meeting, seeking to coordinate our actions and strategies with those of the global network, aware that only a coordinated and collective effort will be able to face the great challenges of human rights, especially economic, social and cultural rights.

More information

– Website of the ESCR-Net Global Strategy Meeting

– Program of the ESCR-Net Global Strategy Meeting

– Participants of the ESCR-Net Global Strategy Meeting

Contact

Agustina Palencia – agustinapalencia@fundeps.org

Carolina Tamagnini – carotamagnini@fundeps.org

Agustina Mozzoni – agustinamozzoni@fundeps.org

New 2015 Annual Report

We are pleased to introduce our 2015 Annual Report, a brief summary of our activities and achievements of the past year.

During 2015, FUNDEPS has grown both internally and externally. Our volunteers have been doubled and our activities have been diversified. We hopefully expect this year, in order to keep growing up and developing politic incidence.

To access to the Report click here: informe2015.fundeps.org, or you can find it on our website in the “About Fundeps” Section.

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Funding infrastructure in Latin America- COP20, Lima

The frame of activities for the Conference of Parties in the framework convention on the Lima Climate Change Conference, will discuss how international funding and socio environmental safeguards in infrastructure projects in Latin America have an impact on the Amazon jungle.

This event has been jointly organised by FUNDAR, Centre of Analysis and Investigation (Mexico), Foundation for the Development of Sustainable Policies- FUNDEPS (Argentina) Association for Environment and Society AAS (Colombia) and the Right of the Environment and Natural Resources- DAR (Peru) all constituting as the regional group for Funding and Infrastructure.
The discussion forms part of the Conference of Parties in the framework convention on climate change in Lima. The speakers will tackle the actual state of funding for infrastructure in Latin America from traditional banks like the World Bank Group/ International Finance Corporation and the new bank from the BRIC Countries. A comparative analysis of four projects with external funding has been carried out in Ecuador, Colombia, Bolivia and Peru, evaluating the impacts on the Amazon forest and the instruments (safeguards) for the management of social and environmental risks.

It will especially be about the negative example of Brazil and the Brazilian Development Bank (BNDES, its acronym in Portuguese). The BNDES, who also funds projects outside of Brazil, has been accused of its lack of transparency, of described social and environmental norms, which have been clearly defined, and the mechanisms guaranteeing the fulfillment of national laws.
It is feared that the recent creation of the BRICS nations bank will neither put enough emphasis on the norms that protect the environment and society in the process of its application. This reality is affecting the policies of traditional banks, such as the World Bank Group or the Inter-American Development Bank (IADB). Those countries seeking to attract more investment will also react to the changes in the available international funding. Large infrastructure projects that ignore the environmental concerns, such are the cases of CVIS (Peru), Mocoa Pasto (Colombia), Coca Codo Sinclair (Ecuador) and the TIPNIS (Bolivia), are proof of it.

A panel of experts on climate change, megaprojects and governance (transparency, participation, risk management) will debate the key ideas and any advance of the previously mentioned analysis. The session will also give the public the possibility to participate in the debate.

Key questions:

1.How can banks apply safeguards on project funding in Latin America to prevent social conflicts and environmental disasters?
2.What is the role of the new national and regional banks in the funding of regional infrastructure?
3.How the weakening of standards in funding the region affects the countries system? How can these react in front of new challenges?

More information:

– Details on the logistics of the event
– Panorama on the funding for infrastructure in Latin America
– Guideline for the discussion. Implementation of a Freedom of Information Policy for The Brazilian Development Bank
– Paradigmatic cases of BNDES investment in South America. Need and opportunity to improve internal policies

Contact:

Gonzalo Roza / Coordinator of Global Governance
gon.roza@fundeps.org

Translated by: Gisela Quevedo

The Role of International Financial Institutions in the Management of Sustainable Forestry Resources in Argentina

In recent years, our country received and continues to receive various funds from international financial institutions in order to manage existing forest resources.  How are theseplanned, executed and decided? 

In this context, it is worthwhile for civil society to question the principles and governing rules that are taken as the starting point to apply the funds and if these areactually implemented. For this reason, FUNDEPS has decided to monitor the management of the funds that our country has received and match the conditions to the “AR Sustainable Natural Resources Management”, provided by the World Bank and the “AR – L 1067: Forest Sustainability and Competitiveness Program” provided by the Inter-American Development Bank. These standards are applied in several Argentinian provinces and will impact much of the country, but the goal is the same: improve forestry production sustainably.

The management of our forestry resources has historically been marked by the excessive encroachment on agricultural land, the constant deforestation of native forests and human rights violations of indigenous farming communities as well as the absence of transparent and participative decision-making processes. As such, we sent out numerous requests soliciting information linked tothese projects and we contacted a number of persons responsible for implementing the funds.

Although in our final report will include all the relevant conclusions, we find it necessary to bring forward that after the specified deadlines for responses to the information requests sent to the provinces had expired, only a handful responded. Of the responses received, the majority did not provide relevant information about the application of the projects. It is extremely complex to access the information needed to evaluate the areas where forestry projects are implemented and the breakdown of the state organizations is overwhelming.
Although we found much information about the rules that are applied, benchmarks and accountability, and technical criteria on the objectives of the funds, we believe that this reading is complex, the information is over-abundant, which, in practical terms, makes it inaccessibleand, in some cases, it is in another language.

For more information:

– Informacion_sistematizada_-_Proyectos_gestion_de_bosques – Banco Mundial – BID

Contact:

info@fundeps.org

Translated by D. Phillips

Presentation of the Declaration by Academia within the framework of Cartagena +30

The “Declaration by Academia within the framework of Cartagena +30” was presented this past Friday, October 31st, at one of Brazil’s universities, Universidad Católica de Santos. The document puts forward the position of Latin American academics with regards to shelter, forced migration and the region’s migration, in general. FUNDEPS actively participated in drafting the document, aside from producing the Spanish translation.

Thirty years ago, the 1984 Cartagena Declaration on Refugees was drafted (see: Fundeps takes part Cartagena +30). The Declaration by Academia was created within the framework of the Cartagena Declaration’s 30th anniversary, and will conclude at a Ministerial Meeting in Brasilia, on December 2nd. Cartagena +30 is a process of review and reflection on the refugee policies and 3rd and documents of Latin America and the Caribbean.

It is inspired by the 1984 Declaration, which set out to adapt the current, international legislation of the time, to the needs of the regional context.The Declaration by Academia was created following the initiative led by Liliana Jubilut, Chair at UNISANTOS, together with the contribution of 40 institutions from different countries as well as 119 professors and researchers.

The purpose of this declaration is to put forth the academia’s position regarding the issues faced by forced migrants and refugees in Latin America and the Caribbean, as well as their recommendations on how to improve on such issues. The document also focuses on prioritizing human rights over security plans of States, while creating a humanitarian space in the region.At the 30th anniversary meeting for the Cartagena Declaration on Refugees and Forced Migrants, the declaration was read and was subsequently presented to Andrés Ramirez, the United Nations High Commissioner for Refugees (UNHCR) representative in Brazil, and to Virginius José Lianza da França, the general coordinator of Brazil’s National Committee for Refugees (CONARE).

We at FUNDEPS have contributed ideas such as gender mainstreaming to the declaration, so that the diversity of those who seek shelter and are forced to migrate is taken into account. Moreover, suggestions were made to include environmental issues when granting shelter, in order to incorporate natural disasters and the consequences of human activity. Other points established include non-refoulement to be understood as jus cogens, and the creation of joint workplaces between the Academia and civil society, with regards to these matters.

Source:

http://www.unisantos.br/portal/noticias/catedra-sergio-vieira-de-mello-lanca-declaracao-sobre-protecao-integral-a-migrantes-forcados/

Translated by: Josie Cuntrera

Right of access in environmental matters. Towards a Latin American regional convention. Fourth meeting on focal points: negotiations begin.

The process towards international environmental governance has its origin in 1972 in the Stockholm Conference, and developed through various conferences and summits.

The process towards international environmental governance has its origin in 1972 in the Stockholm Conference, and developed through various conferences and summits. In the 1992 Rio Summit, the “Rio Declaration on Environment and Development” adopted principle 10, which refers to the rights of access in environmental matters: right to information, participation to decision-making and access to justice. This declaration, of global scope, isn’t binding on the countries, so that its operativity is needed.

For this reason, in 1998 in Europe the Aarhusen Convention was dictated, serving as an instrument that regulates and operationalize these three pillars of environmental democracy being binding on countries in Europe, Central Asia and the European Community.

Regional Convention for Latin America

In terms of Latin America, we hope that within 2015-2016 a Regional Convention operationalizing principle 10 and effectively reflecting the highest standards of access to information, participation and environmental justice will be dictated.

Many conferences and meetings have been held to advance this process, with ECLAC as Technical Secretariat. In the last four meetings on Focal Points of the signatory countries of the Declaration on the application of Principle 10 there has been a clear advance, and committed participation by the signatory countries towards the realization of this regional instrument. The first meeting was held on November 6th and 7th in Santiago de Chile, where delegates of the signatory countries agreed on a Roadmap for the full implementation of the regional convention.

The second one took place in 2013 on April 18th in Guadalajara (Mexico), and here was approved an Action Plan up to 2014 to strengthen the rights of access in environmental matters. The third one was conducted in 2013 on October 30th and 31st in Lima (Peru), and members agreed on a series of lines of action for 2014 on the empowering of capacities and cooperation.

Recently, from the 4th to the 6th of November 2014, the forth meeting of Focal Points was held in Santiago de Chile, where the representatives of the 19 countries of Latin America and the Caribbean that signed the Declaration of Principle 10 approved to start the negotiations for the creation of a regional convention in this area. From 2012 to date, the Declaration has been signed by Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Panama, Paraguay, Peru, Dominican Republic, St. Vincent and the Grenadines, Trinidad and Tobago and Uruguay. In the fourth meeting also participated as observers Antigua and Barbuda, Nicaragua and Saint Lucia.

Attendees welcomed the recent incorporation of Bolivia and El Salvador, and reminded that the process is open to all countries of Latin America and the Caribbean. During this last meeting, Alicia Bárcena, Executive Secretary of ECLAC, highlighted that the instrument should not be merely declaratory, but must be ambitious and set clear and specific legal obligations to ensure effectively the three pillars of right of acces in environmental matters: information, participation and justice. These negotiations, will have to be based on the minimum contents of San José de Costa Rica.

Through FUNDEPS will be supported the work of other NGOs in the region towards the effective implementation of the rights of access and to cooperate with governments through recommendations and/or exchanges of ideas to move towards a regional instrument support. More information: – Comunicado de prensa de la reunión de la CEPAL – Propuesta de naturaleza y contenidos del instrumento regional de principios de acceso en materia.

Contacts:

info@fundeps.org

Translated by: Arianna Tamanini

FUNDEPS co-organizes regional workshop on infrastructure finance trends in Latin America

The event’s agenda revolved around the governance of and trends of investments in infrastructure in Latin America, and on the necessity of improved communication on the part of Latin American civil society in the face of a complicated and challenging regional backdrop.

The regional workshop “Trends in Investments in Infrastructure in the Region: Climate Change and Governance” took place in the city of Lima (Peru) on the 24th and 25th of April. Its objective was to examine and debate the economic and socio-environmental impact of investments in infrastructure financed by the multilateral development bank and by the national development banks of Latin America. The event was organized by AAyS (Environment and Society Association) of Colombia; CDES (Center for Economic and Social Rights) of Ecuador; CEDLA (Center of Studies for Labor and Agrarian Development) of Bolivia; DAR (Environmental Law and Natural Resources) of Peru; IBASE (Brazilian Institute for Social and Economic Analysis) of Brazil; FUNDAR Center for Analysis and Research of Mexico, and FUNDEPS (Foundation for the Development of Sustainable Policy) of Argentina.

The first day of the event was dedicated to the presentation of papers and publications that the organizations of the region have been carrying out in the past few months. These papers covered various topics: the current situation of governance and financing of infrastructure in the region; socio-environmental safeguards and human rights; and climate change.  The presentations revolved around the infrastructure megaprojects in the Amazon, the financing of infrastructure by the multilateral development bank and by the national development banks, Chinese investment in the region, the financing of Climate Change, and the processes of citizen participation in spaces like UNASUR and BNDES, among other topics. Simultaneously, there was a space dedicated to the discussion around the adpotation of a strategy on the part of Latin American civil society in relation to the upcoming COP-20 (Conference of the Parties of the United Nations Framework Convention on Climate Change), to take place in the city of Lima in December of this year.
With these discussions the conference articulated the complex situation of infrastructure finance in the region:
  • Multiplicity of involved actors, be they multilateral international banks like the World Bank or regional multilateral banks like BId and CAF; national development banks like Brazil’s BNDES;
  • More global forums and spaces, like the G-20, the BRICS or UNASUR itself, via its Council on Infrastructure and Planning (COSIPLAN) charged with implementing the criticized IIRSA initiative in the region.
  • Growing Chinese investment in the region
  • Greater participation of the private sector either directly or via public-private partnerships.
  • Weakening of environmental safeguards on the part of the principal institutions offering financing
  • Failure on the part of the states to effectively observe and guarantee human rights when driving development projects.
On the second day of the event, the agenda was centered on a workshop activity in which the participants, members of diverse organizations and civil society network from the majority of the countries of the region, worked to identify priorities and to advance in the development of a strategic agenda that would allow the region to effectively confront such a complex and troublesome situation.
The Lima workshop is an important step in the direction of improved communication and coordination among the diverse organizations of the region, allowing for effective change on issues that would be impossible to deal with individually. Therefore, we invite all interested organizations to join us in the process of communication and collective work to promote a development model for our region that is more sustainable, participative, and respectful of human rights.
Translated by: Savannah Mcdermott

Comments on Córdoba’s environmental policy bill

FUNDEPS was present at the meeting convened by the Joint Commission for the Legislature of Córdoba to discuss the environmental policy bill. Working document detailing observations and central criticisms of the bill.

In the context of the parliamentary handling of the environmental policy bill taken forward by the Executive Power, the Joint Commission for the Legislature of Córdoba Province convened Córdoba’s social environmental organisations on Friday 11 April of this year to participate in the debate and bring their viewpoints and deliberations closer together regarding the bill in question.

FUNDEPS was present at the meeting with a document prepared by the Legal Area of Human Rights, and put forward arguments and central criticisms of the environmental bill.

The Joint Commission in charge of processing the bill is made up of the commissions of Ecological Affairs, Institutional Affairs, Municipalities and Communities, Agriculture, Farming and Renewable Resources and Industry and Mining. More than 15 environmental and social organisations, which were very representative of the whole province, took part in the meeting. These included: Malvinas Assembly Fight for Life, Association of Friends of Río San Antonio (ADARSA), University Network of the Environment and Health-Network of Doctors of Fumigated Towns, Stop Fumigation Collective, Casa Córdoba Socio-environmental Assembly, Mapuche Nation Organisation and assemblies and residents from Candonga (Chavascate), Barrio San Antonio, Villa Giardino, Río Ceballos, Juárez Celman, San Marcos Sierras, Capilla del Monte, Río Cuarto and Punilla.

The rejection of the provincial environmental bill was absolute and unanimous. The bill in question is severely flawed from a technical-legal and legislative point of view, while at the same time it strictly violates the progressive, congruence and precautionary principles on environmental matters. As a result of this, and based on a technical-legal analysis we carried out in a working document, FUNDEPS is requesting a complete revision of the bill, or the development of a new regulatory body which will take into account and respect national environmental legislation and which will strengthen environmental protection at a provincial level.

In general terms, the bill does not respect the minimum standards established in National General Environment Law N° 25675, and does not fulfil its supplementary function which is to achieve an updated regulatory text on the environment. We therefore understand that it goes against constitutional environmental public order. Based on the corresponding analysis document, FUNDEPS argued that “the bill completely lacks operating rules, which means that it leaves everything subject to regulation and to what the enforcement authority decides at the time. Specifically, it distorts the principles concerning environmental material which the General Environment Law and other laws for minimum environmental standards stipulate in terms of operation and it does not deliver in its public order role as far as environmental regulations are concerned. Here there would be a kind of lack of complementarity and maximisation which it should have as a provincial law which aims to supplement the minimum environmental standards set out in national law”. (1)

The key principles in environmental policy such as the evaluation of environmental impact, citizen participation, land-use planning legislation and oversight, are lacking in this bill. The ambiguous wording leaves them vulnerable to arbitrary decisions by public and private operators and executors, and they are clearly insufficient as proposed basic standards and violate the minimum national environmental standards. For a detailed analysis of the article we recommend reading the analysis document developed by FUNDEPS.

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(1) Transcript of the joint meeting of the Commission of Ecological Affairs, Institutional Affairs, Municipalities and Communities, Agriculture, Farming and Renewable Resources, and Industry and Mining. Córdoba, 11 April 2014.

Translated by: Lucy Driver