Tag Archive for: Environment

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Workshops: How to access environmental rights? Escazú agreement for communities

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

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

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

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

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

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

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

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

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

 

Sign up here:bit.ly/TalleresDerechosAmbientales

 

This activity is supported by:

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

 

More Information

 

Contact

Laura Carrizo, lauracarrizo@fundeps.org

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Climate change in Córdoba: a reality that worsens year by year

Climate change is the main challenge and threat in the 21st century. From Fundeps we carried out a survey and analysis of the climatic phenomena that occurred in Córdoba between 2000 and 2020, the results obtained are truly alarming. The authorities must urgently advance in the design of public policies tending to prevent and face the climate crisis.

“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”.

Climate change affects the general population without differentiating, however people who are in a situation of vulnerability, for example, people living in poverty, children and adolescents, people with disabilities, women and gender diversity, are affected in a differentiated way, deepening the existing structural inequalities.

From Fundeps we carry out the comprehensive collection and analysis of the various climatic phenomena that occurred between 2000 and 2020 in the province of Córdoba. From this diagnosis we were able to identify that climatic phenomena are cyclical and that year after year they deepen. Climate change is usually perceived as something abstract and distant, contrary to this general perception, it shows how concrete, close and how serious the effects of the phenomenon are. It also makes it possible to decipher the line of (in)action drawn from the State. Fires, tornadoes, floods, droughts, hail storms, and heat waves are some of the phenomena we suffer and that worsen year after year and also have severe consequences for the communities. These must be addressed as part of a comprehensive phenomenon and not as isolated and belated problems.

There are certain policies in the province aimed at promoting sustainable practices. However, these are not actions aimed at significantly mitigating the causes, nor adaptation to the consequences of climate change. Given the occurrence of these phenomena, the responses by the State are always late, inefficient or from a contingency perspective.

We believe that if Córdoba wants to face the climate crisis in a responsible way, it must propose urgent participatory strategies in the medium-long term. To do this, it must take into account the cumulative effects of this achievement of erratic behavior phenomena, guaranteeing access to basic elements for survival, such as water and quality food.

In addition, it is necessary and urgent to concentrate efforts on the design and implementation of public policies that start from an adequate identification of the conditions of structural vulnerability from which some sectors of society start. State actions should focus on reducing/eliminating these structural conditions. On that equitable basis, mitigation and adaptation actions must be designed.

The Climate Response Plan required by Law 27520 on Minimum Budgets for Adaptation and Mitigation to Global Climate Change, emerges as a fundamental instrument to respond to the phenomenon. Remember that according to art. 20 , each province must design this “response plan” that contains information on greenhouse gases, vulnerability and adaptation capacity of communities, goals regarding gas mitigation and adaptation measures, roadmap for each measure to adopt, among other components. The compliance period, according to the regulations, would expire on December 18, 2023, although it may be submitted earlier.

The diagnosis made allows us to affirm that climate change in Córdoba is not a distant threat, but rather a daily experience that will worsen if adequate measures are not adopted.

 

  • Download diagnosis
  • Download summary

 

Contact

Laura Carrizo, lauracarrizo@fundeps.org

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Executive summary – The effects of climate change in the province of Córdoba

This summary reflects the main data collected and systematized from the realization of a diagnosis of climatic phenomena in the Province of Córdoba between the years 2000 and 2020.

Descargar Documento / Download File
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Diagnosis – The effects of Climate Change in the province of Córdoba

The present work aims to reveal the climatic phenomena that occurred throughout the years 2000 to 2020 in the province of Córdoba and based on this, make visible the local reality and the serious impacts of climate change year after year, as well as public policies existing to date.

Descargar Documento / Download File
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We present an environmental injunction for the contamination of Lake San Roque

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

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

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

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

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

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

What does the protection consist of?

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

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

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

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

 

More Information

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

Situational Diagnosis of the Water Resources of Córdoba: Suquía River

 

Author

Ananda Lavayén

Contacto

Laura Carrizo, lauracarrizo@fundeps.org

Situational Diagnosis of the Water Resources of Córdoba: Suquía River

This document seeks to analyze the current state of the Suquía River from a comprehensive approach, based on various sources of information. The purpose is to achieve a complete understanding of the dimension of the problem and, based on this, weigh the measures and actions of prevention, mitigation and recomposition that it demands.

Descargar Documento / Download File
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Situational Diagnosis of the Water Resources of Córdoba: Los Molinos Lake and San Roque Lake

This document seeks to analyze the current status of Lake San Roque and Lake Los Molinos from a comprehensive approach, from various sources of information. The objective is to achieve a complete understanding of the dimension of the problem and, based on this, weigh the measures and actions of prevention, mitigation and recomposition that it demands.

Descargar Documento / Download File
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Mining in Andalgalá: we present ourselves as Amicus Curiae before the Supreme Court

“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”.

Together with the ANDHES Foundation, we present ourselves as friends of the court in the framework of the case in which the constitutionality of an ordinance of Andalgalá (Catamarca), which prohibits open-pit mining, is being debated.

Since 2016, the Municipality of Andalgalá has prohibited, through Ordinance No. 029/16, open pit mining and the use of certain hazardous substances. With broad social consensus, this ordinance sought to protect the environment and the water courses in the area.

Since then, the Canadian company “Yamana Gold” through its “Agua Rica” mining project, today the Mara project, which plans to extract minerals in the Andalgalá River Basin, just 17 km from the city center, has judicially questioned the constitutionality of the ordinance. After several pronouncements of the courts, the Supreme Court of the Province of Catamarca finally declared it invalid.

Today the case is pending before the Supreme Court of Justice of the Nation, awaiting a resolution. This resolution will determine the way of life of the Andalgalá community, as it will enable or not the open pit metal extraction of the highly questioned Mara project, which is currently in an advanced exploration stage. Meanwhile, the communities resist daily the actions of authorities and companies in defense of the territory and the environment, putting their lives and physical integrity at risk.

In this context, with the ANDHES Foundation we request participation in the case as “friends of the court”. This modality allows to contribute to the process arguments to solve the judicial case. We believe that the Court must declare the constitutionality of the law and the autonomy of the people of Andalgalá in the defense of their environment and territory must be respected.

Contact

Maráa Laura Carrizo, @lauracarrizo@fundeps.org

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We repudiate the criminalization of Environmental and Territorial Defenders of Punilla

Within the framework of the protests that have been taking place against the Punilla highway project, some of the environmental defenders who resist the progress of the project were summoned for indictment and in some cases there were arrests by the judicial authorities.

“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 defenders of the territory and the environment of Punilla have been resisting the advancement of the Punilla highway project for a long time. In the course of this resistance they are victims of different acts of institutional violence. We celebrate the ruling issued by the Court of Control and Misdemeanors No. 9 that resolves to make room for collective habeas corpus of a preventive nature presented in favor of the human rights defenders of Punilla, Paravachasca and Sierras Chicas.

In recent weeks, some land and environmental defenders have been suffering police persecution, submission to criminal proceedings, accusations by prosecutors, and there have even been arrests. Crimes such as threats and resistance to authority are attributed to them, within the framework of the various social protests that have been taking place around the advance of the Punilla Highway.

It should be noted that in a context of struggle and resistance for the defense of the environment, the demonstrations or actions given in the exercise of the right to protest cannot be distorted and manipulated for the illegitimate application of the penal system (which usually happens). Criminalization as a strategy to intimidate, disqualify the environmental claim and justify the use of public force and repressive mechanisms -deprivation of liberty-, constitute a grave and serious violation of fundamental rights and compromise the international responsibility of the State ( Escazú Agreement between them).

The persecutions, accusations, investigations and arrests ordered against Punilla’s defenders raise alarms and demand attention. Well, there are nuances that place the actions of the State under suspicion of criminalization as a method to silence social protest. The alleged threats or acts of resistance to authority, on which the accusations were based -according to what the defenders stated- were in the framework of a legitimate collective claim -social protest sustained over time- in an act in defense of the environment against of a project undertaken by the State. This should alert the authorities so that measures are taken to guarantee the protection of their human rights, and take extreme care in the event of any deprivation of liberty or violation of any other right.

The criminalization of environmental defenders stigmatizes while constituting an intimidation tending to frighten and as a consequence weaken the activities of defense of the territory and the environment until their disappearance. It is a duty of the State to protect the right to defend the environment and implement action measures that promote a safe environment free of violence, and that any human rights violation against it be investigated.

In this context, on August 24, the Judge of Control and Misdemeanors No. 9, in the case “Rocío Loza, habeas corpus” (File No. 11120830), in a novel and exemplary ruling, gave rise to a preventive collective habeas corpus directed to protect the fundamental rights of human rights defenders in environmental matters, residents of the valleys of Punilla, Paravachasca and Sierras Chicas. She points out that the institutional violence that the police of the province have been exercising against environmental defenders is serious and cannot be ignored by the State, which has the obligation and responsibility to give adequate custody to the environmental group in compliance with Escazú.

It also states that the members of the police forces are in charge of caring for society, “(…) those who must, with the power conferred by law, guarantee that all the inhabitants of this province live a life within the framework of the full enjoyment of individual rights, with the limit of respect for the rights of others, but without this being used as an “excuse” or argument to curtail other rights, in this case, those claimed by the environmental collective”.

It also states that the members of the police forces are in charge of caring for society, “(…) those who must, with the power conferred by law, guarantee that all the inhabitants of this province live a life within the framework of the full enjoyment of individual rights, with the limit of respect for the rights of others, but without this being used as an “excuse” or argument to curtail other rights, in this case, those claimed by the environmental collective” .

In that same sense, in an innovative sentence, the Judge resolves: to exhort the police of the Province of Córdoba to refrain from carrying out measures that imply limitations or threats to the freedom of movement of environmental defenders of the indicated localities; urge the Police Chief of Córdoba to inform police personnel that, according to protocols and current legislation, “deprivation of liberty only proceeds exceptionally and when it is absolutely necessary”; to recommend to the Government of Córdoba the elaboration of a protocol aimed at specifically regulating the practices and criteria of the security forces in social demonstrations that demand the protection of constitutional rights; entrust the Chief of Police to inform the provincial police of this sentence.

From Fundeps we repudiate the criminalization of environmental defenders, we urge the authorities to safeguard and protect the fundamental rights of those who resist and fight to defend the Cordovan environment, and we celebrate the recent ruling which constitutes an important advance in the recognition and defense of rights of the environmental group.

 

Author

  • Laura Carrizo

Contact

  • Laura Carrizo, lauracarrizo@fundeps.org
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Córdoba will implement Comprehensive Environmental Education

The Legislature of the Province approved the bill through which it adhered to the National Law of Comprehensive Environmental Education.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

During the session of the legislature on June 29 of this year, Law No. 10,823 was approved. This incorporates comprehensive Environmental Education with a perspective of sustainable development as a public policy.

In turn, it establishes the Ministry of Education and the Secretary of the Environment as enforcement authorities. Its role will be to design and implement actions aimed at incorporating this perspective in the field of formal, non-formal and informal education.

During the sessions in the Committee on Environmental Affairs, several civil society organizations made contributions and highlighted the value of membership. From Fundeps we recommend the incorporation in the institutional architecture of the Committee for the Executive Coordination of the Jurisdictional Strategy. Let us remember that this authority is in charge of designing the content of the strategy to implement Comprehensive Environmental Education.

Likewise, we consider it opportune to incorporate the local Consultative Council into the project as a device for citizen participation of groups and organizations of civil society (among others), in the development and management of educational public policies. This body is incorporated in the National Law.

This process turned out to be valuable, since the text that was finally approved emerged from it. The first of the recommendations was incorporated into articles 4 and 5 of the law. As for the Council, it was not incorporated as such. However, the Committee was empowered to request collaboration from trade union organizations, teachers, representatives of the student, scientific, academic and civil society sectors (among others) that express an interest in comprehensive environmental education. Although its incorporation as a stable body with effective participation would have been opportune, given that as stated this possibility is subject to the decision of the Committee, the truth is that this consultative power can become a duty in the terms required by the Agreement from Escazu.

 

More Information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

*Photograph taken from the press of the Government of Córdoba

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Representatives of the public will be elected under the Escazú Agreement

The Secretariat of the Escazú Agreement called interested persons to present their candidacies until August 31, 2022.

“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 Rules of Procedure of the Conference of the Parties (COP) approved in the first COP of Escazú during April of this year, establish the need to integrate the institutional devices of Escazú with people representing the public.

Within this framework, the Secretariat of the Agreement summoned interested persons to present their candidacies until August 31 of this year. For such purpose, it elaborated a regulation that establishes the procedure of the election in its totality. Six will be the people representing the public who will divide their roles in the Board of Directors of the Agreement (1 representative), in the Conference of the Parties (two seats) and in the Committee for Support of the Application and Compliance composed of (CAAC).

According to this regulation, those who are interested in presenting a candidacy must:

  • Be nationals or residents of any of the countries that make up Annex I of the Escazú Agreement (signatory countries).
  • Be registered in the so-called Regional Public Mechanism.
  • Not having had a labor relationship with the State (national, provincial or municipal) 12 months prior to the election.
  • Submit the forms attached to the regulation.

On the other hand, the elections will be held on November 2 and 3, 2022. To take part in the vote, interested persons must register with the Regional Public Mechanism. The closing of the register will take place 15 business days after August 1, 2022 (date of the call). It is not clear whether these working days will be according to the calendar of the country in which ECLAC has its headquarters, although assuming that there are no holidays in the referred period, the closing of the register would be on August 19, 2022.

The election of the representatives constitutes a valuable and innovative process for the region. We encourage active participation in the voting process and election of candidates, trusting that it constitutes a fundamental opportunity for visibility and demand in the enjoyment of access rights, and in a framework plagued by conflicts and environmental problems.

Documents of interest

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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We adhere to the statement against the aggression against environmental defenders at the UNC

Within the framework of the “Educational Forum: skills for global citizenship”, the current and outgoing rector of the University, offended environmental defenders who were demonstrating before representatives of the Andean Development Corporation on the Punilla highway.

“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”.

On June 15 at the UNC, an event was held in which representatives of the Andean Development Corporation (CAF), a multilateral financial institution that finances the Punilla highway project, were present. In this context, the environmental defenders demanded that the CAF authorities violate the environmental safeguard systems, and the impact on the environment that the project implies.

Faced with this intervention, the current rector of the National University of Córdoba, Hugo Juri, who represented the institution at the conference, publicly offended environmental defenders by associating their actions with the financing of institutions linked to the Nazi genocide, among other sayings.

This undoubtedly constitutes an act of violence and intimidation that seriously affects the guarantees incorporated in the Escazú Agreement. It is that the art. 9th of the treaty protects environmental defenders, guaranteeing them a safe and conducive environment for the exercise of their rights to protest, opinion and freedom of expression. In addition, it obliges the authorities to adopt measures to prevent and punish attacks, threats or intimidation.

In repudiation of the actions of the rector Juri, we adhere to the statement made by the teachers and researchers of the UNC, requesting the retraction and request for an apology towards environmental defenders, and we demand the adoption of measures that protect their fundamental rights.

 

More Information

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

 

*Photo taken from the Museum of Anthropology website