Tag Archive for: Environment

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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

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We participate in the Environment and Education Commission of the Provincial Legislature

On June 9 of this year, we were summoned, together with other representatives of civil society, to participate in the meeting of the Environment and Education Commission of the Provincial 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”.

The purpose of the meeting was to present the Circular Economy Summit and discuss the bill for provincial adherence to the National Law on Comprehensive Environmental Education. The project aims to incorporate the tools and guidelines to implement Comprehensive Environmental Education into the framework of local environmental policies.

The opening of the meeting to people and organizations that work on environmental issues at the local level is part of a good practice that the Commission has been implementing for certain initiatives, such as adherence to the Yolanda Law. A valuable space in which those who were part of it were able to offer their opinions on the relevance of Comprehensive Environmental Education and make suggestions for the project. This strengthening of instances of participatory democracy is undoubtedly in accordance with the commitments assumed in the Escazú Agreement.

In relation to the project, although it is an adhesion, it constitutes an important starting point to design strategies that allow modifying the cultural and ethical bases of the current production, commercialization and consumption systems in society. The comprehensive education proposed by the law has the virtue of addressing both formal and informal educational contexts, media and public policies in a transversal way.

Although the project plans to incorporate into the provincial regulations the same text as that provided for in the national law, through adherence, we believe that some institutions should expressly provide for it in the local version. From Fundeps we explained the reasons why we believe that the law should provide for the following items:

Basic guidelines for the construction of the Comprehensive Environmental Education Jurisdictional Strategy (EJEAI)

The EJEAI is the instrument of permanent and concerted strategic planning, with scope in formal and non-formal areas of education, information technology and communication media, with a participatory, territorialized basis.

It is outlined as a fundamental and main instrument to develop Comprehensive Environmental Education at the provincial level. At this point we believe that the law should expressly mention the basic guidelines for its configuration, such as: anchoring in the socio-environmental problems and conflicts of the Province, empowerment in the exercise of access and environmental rights, public participation devices, among others.

Executive Coordination of the Jurisdictional Strategy

We maintain that the law should expressly incorporate the creation of the Executive Coordination of the strategy, determining -just like the national law- the method of conformation of the body, to carry out the management and administration of the strategy.

Local Advisory Council

We recommend that the local law expressly incorporate the creation of a local Consultative Council made up of diverse actors, in charge of providing support and feedback to the Coordination for the implementation and monitoring of the Jurisdictional Strategy.

Beyond the fact that we consider that the recommendations provided would generate a superior project, we recognize the importance of adhesion and we celebrate the parliamentary work on this path, especially when it is implemented based on the participation of civil society.

 

More Information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

 

* Photo taken from the Diario Comercio y Justicia

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What is the progress of the Yolanda Law in Córdoba one year after its sanction?

The provincial adherence to the Yolanda Law of mandatory training in environmental matters for people who exercise the public function completed one year. After the stage of construction of basic training guidelines, the Executive Power began to dictate the training.

“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 May 2021, the Provincial Legislature passed Law No. 10758 of the Province’s adherence to National Law No. 27592. This provides for mandatory training on the subject of the environment, with a perspective of sustainable development and with special emphasis on climate change. for all people who perform public functions at all levels.

Although the regulations cover the three powers of the State, to date only the beginning of the training in the field of the Executive Power has transpired. Due to this situation, and given the importance of generating this type of training for those who design and implement public policies or resolve environmental conflicts, monitoring its implementation is essential.

For this reason, we ask the three powers of the State for public information on the degree and progress in the implementation of the law. The request for access to public information becomes an important tool when the data is not available to citizens, as long as there is a response from the authorities.

More information

 

Contact
Juan Bautista López, juanbautistalopez@fundeps.org

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We request to participate in the project of access to justice of the Judicial Power

The Office of Human Rights and Justice of the Judiciary of the province of Córdoba, carries out the research-action project on access to justice for vulnerable sectors. From Fundeps we request to participate by providing contributions.

“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”.

This project aims to develop strategies to improve access to Justice for groups in vulnerable conditions. A second edition of the project is currently underway.

In this stage, access to justice for migrant populations, native peoples, and cases that affect the environment will be worked on. According to the project’s website, it seeks to promote tools to facilitate access to justice, particularly for people or groups of people in situations of vulnerability. It is promoted as a participatory and collective public policy.

The preparation of protocols for access to justice in environmental matters constitutes an initiative in accordance with the commitments assumed by Argentina in the Escazú Agreement. In previous editions, protocols, rights booklets, among other tools aimed at the general public and justice operators were prepared.

In this framework, we ask the Judiciary to open mechanisms for the significant participation of civil society to provide input and enrich the process of building tools. We believe that in the framework of the Escazú Agreement, participation is emerging as an imperative for any policy that may have an impact on the enjoyment of access rights, including access to justice.

These types of initiatives are extremely valuable in a context where environmental problems and conflicts linked to access to public participation, environmental information and justice are commonplace.

Author

Ana Sol Olivera

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

*Image source: Justice Córdoba

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A judicial resolution with a focus on environmental defenders

Within the framework of the neighborhood camp in the town of Molinari for the construction of the Punilla Highway, the Cosquín Control Court resolved a habeas corpus action. In the resolution, the Court highlighted the obligation to guarantee a safe environment for environmental defenders in accordance with the standards set by 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”.

As reported in the media, during the first weeks of May a self-convened group of neighbors was camping in the town of Molinari as a way of protesting against the construction of the Punilla highway. In favor of this group of people, a habeas corpus action was filed before the Control Court of the city of Cosquín.

Let us remember that this action is foreseen in article 43 of the National Constitution. In short, its purpose is to protect the physical freedom of people against any real threat or actual deprivation of liberty that is illegal (arrests/detentions).

After analyzing the situation, the Court gave the reasons why it considered that the requirements for the origin of habeas corpus were not met. He considered, based on the evidence collected, that no illegal arrest or detention had been carried out, nor was there a certain and imminent threat of deprivation of physical liberty.

However, the Court considered other rights at stake, such as the right to protest, petition the authorities, and opinion, among others. Thus, regarding the way in which the eviction of the neighbors by the security forces took place -according to his statements-, he considered that this should be the subject of investigation by the corresponding bodies (Prosecutor’s Office) forwarding a copy of the performances.

What is interesting and novel about the resolution is that, going beyond the strict object of the habeas corpus action, the Court assessed the statements of the neighbors in relation to what happened and the environmental nature of the protest. In this approach, he recommended to the police authorities and the Prosecutor’s Office that a safe environment be guaranteed for the exercise of these rights -as long as other rights are not affected-, citing and applying article 9 of the Escazú Agreement on environmental defenders. 

This treaty, let us remember, is the only international instrument that guarantees environmental defenders specific standards of protection of their rights. This protection framework is due to the fact that Latin America and the Caribbean is the most dangerous region for environmental defenders (227 deaths in 2020 according to the Global Witness Foundation).

Although the Escazú Agreement has been in force for a year, the resolution of the Cosquín Control Court would be the first judicial precedent in the Latin American and Caribbean region to apply the provision on environmental defenders of Escazú to guarantee a safe environment in accordance with recorded to date Even in the absence of specific regulations at the local level, these clauses are fully operational and must be applied by all state authorities. Undoubtedly, the jurisprudential advance constitutes a strong impulse on the road towards the effective implementation of Escazú.

 

See judicial resolution of the Control Court

More Information

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

 

*Photo taken from La Izquierda Diario

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The eviction in Molinari and the guarantees of the Escazú Agreement

According to their testimony, the neighbors who claim against the Punilla highway project were violently evicted by the Provincial Police personnel from the camp they were carrying out in the vicinity of Molinari.

“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”.

According to what they said, the security forces arrived at the camp in the early hours of the morning and evicted them illegally, using violence and without a court order. There, the neighbors, environmental defenders in the terms of art. 9 of the Escazú Agreement, they protested in a peaceful way.

These types of actions that oppose peaceful protest by the security forces, violate fundamental rights such as the right to protest, association, opinion and expression, putting personal integrity at risk, protected by the international instruments and by the National Constitution. In addition, they constitute a serious violation of the specific provisions incorporated in the Escazú Agreement.

Let us remember that the Agreement is an international treaty that is in force in the Argentine Republic and whose provisions must be fulfilled and respected by all state authorities, including the security forces and authorities of the three state powers.

Article 9 of the treaty obliges these authorities to guarantee environmental defenders a safe environment to act without threats, restrictions and insecurity. For its part, it obliges them to take adequate and effective measures to protect and promote the rights:
– to the life
– to personal integrity
– to freedom of peaceful assembly and association
– to circulate freely
– to exercise the rights of access to information, public participation and justice.
Likewise, it obliges to adopt appropriate, effective and timely measures to prevent, investigate and punish any attack, threat or intimidation.

These measures must be adopted by all authorities, even in response to the actions of the security forces. Along these lines, a specific and differentiated duty is generated in those state institutions whose purpose is the protection of fundamental rights, such as the Ombudsman’s Office, the Ombudsman for Children and Adolescents, Senaf, the Public Ministry or judicial offices.

In this framework, the legal system has some instruments for the specific protection of rights. Thus, habeas corpus serves to protect the person from any act that imminently and seriously threatens the loss of their physical freedom (without this preventing the authorities from acting in the event of a crime); or in the face of the effective deprivation of physical liberty, for example, in cases of arbitrary and illegal arrest or detention.

On the other hand, the amparo action allows protecting other constitutional rights (strike, protest, freedom of assembly or association, etc.) against violations by the State or individuals.

On the other hand, there are procedures that can be activated in the face of institutional violence, such as complaints for the commission of crimes by the security forces; complaints before the National Directorate of Policies against Institutional Violence, among others.

In this catalog, the Communications before the Committee to Support the Application and Compliance of the Escazú Agreement are added. Before this body it will be possible (once it is formed) to present a communication in the event of the violation of any right recognized by Escazú, so that it intervenes in the case.

When these tools are used, the authorities must pay special attention and respond in accordance with the standards imposed by the Escazú Agreement, beyond the duty to implement actions, policies and legislative reforms that allow guaranteeing a safe environment for environmental defenders of preventative mode.

From Fundeps we repudiate any type of institutional violence such as the one that the residents of Punilla unfortunately suffered -according to their testimony-. These practices must be prevented by the authorities, guaranteeing their non-repetition and a safe and peaceful environment for the exercise of fundamental rights, especially of those who campaign for the protection of the environment.

 

More Information

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

*La Nueva Mañana newspaper photo

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What did the “CORDOBA REPARA Festival” leave us?

Last Sunday, April 24, 2022, within the framework of Earth Day, the “Córdoba Repara” Festival was held on the Enchanted Island of Sarmiento Park and Fundeps was part of it through a stand with an interactive and collaborative proposal. with the audience.

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

The event organized by the Youth Directorate of the Municipality of Córdoba and the Free University of the Environment in conjunction with environmental organizations in the city, aimed to raise awareness about caring for the environment, reduction, reuse, recycling and recovery of waste and objects and the consumption of sustainable products made by local entrepreneurs. All this was manifested through different activities such as live shows, spaces for dialogue, organization stands, vegan, vegetarian and agroecological food stalls, reception of recyclables, collection of blankets and coats to donate and a space dedicated exclusively to the Club of Repairers x Córdoba.

Our proposal consisted of collectively building two maps, one of the city of Córdoba and another of the province, where the people who circulated indicated what environmental problems they knew (or suffered from). From the dialogue with each one of the people and from our maps, environmental problems emerged that are repeated throughout the city and the province, and that are also reiterated over time.

The community that participated, mostly residents of different neighborhoods and areas of the city, identified very similar problems, such as the lack of differentiated waste collection, the existence of open-air dumps throughout the city and especially in the area of bypass, the lack or malfunction of sewers and sanitation in general, the contamination of the Suquía River and neighborhood streams, the contamination produced by Porta Hermanos, the poor/lacking urban planning, the existence of neighborhoods in Córdoba without drinking water, among others. For their part, those who live on the outskirts of the city or other localities such as Mendiolaza, Villa Carlos Paz, Villa Allende, Río Ceballos, La Calera, Río Primero, Segundo, Tercero and Cuarto, Juarez Celman, Punilla, Coronel Moldes, Bell Ville , among others, stated that the main environmental problems are related to clearing, fumigation with agrochemicals, quarrying, contamination of water resources, open-air dumps, fires, floods, and conflicts arising from the Punilla and Paravachasca highways.

At the same time, the lack of citizen participation in environmental matters that manifests itself in all problems also emerged as a concern. They also noted the existing barriers whether in access to public information, access to justice or in the decision-making process.

We were able to observe and analyze that despite the extension and diversity that the city and the province of Córdoba have, the environmental problems are very similar and are repeated in each territory, in addition, that none of them is new, on the contrary, they are repeated and they are accentuated with the passing of the years. For these reasons, we believe that it is necessary to continue working to find alternatives to the form of “development” that has been carried out, while it is imperative and fundamental to strengthen the mechanisms of citizen participation and that the State assumes a true commitment in that sense.

 

 

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Author

Ananda Lavayen

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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The concrete results of COP 1 of the Escazú Agreement

From April 19 to 22, at ECLAC headquarters, Santiago de Chile, the first Conference of the Parties to the Escazú Agreement (COP1) was held. The States Parties met there in order to design and adopt important rules for the implementation of Escazú.

“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”.

COP 1 had the participation of the Latin American and Caribbean States that today are obliged to comply with it. These are: Antigua and Barbuda, Bolivia, Ecuador, Guyana, Mexico, Nicaragua, Panama, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Saint Lucia, Uruguay and the Republic of Argentina.

A noteworthy point was that the Conference not only had the face-to-face participation of representatives of the public, but also interested people could participate online or follow its live broadcast on YouTube.

During the second day, two fundamental issues were discussed on the road to the implementation of the treaty. First, the draft Rules of Procedure of the Conference of the Parties were discussed. In addition, the modality for the significant participation of the public was discussed, as established by article 15.4 of the treaty.

Here it is worth highlighting the incorporation of a simple mechanism to select representatives of the public who will be able to participate in the COP and who, according to the provisional project, would have two seats enabled at the table in the room. In addition, one of the representatives will be part of the Board of Directors, the body in charge of presiding over the meetings.

Second, the Rules of composition and operation of the Committee to Support Application and Compliance (art. 18) were discussed. It should be noted that according to the revised project (later approved), the Committee constitutes a key body for monitoring the implementation of the Escazú Agreement by the States.

A key point in this latest regulation is the one that incorporates a communication mechanism for the public in the event of any non-compliance by the States. This constitutes a fundamental tool since it allows exposing the violation of the treaty, and after an internal procedure, the Committee must adopt the conclusions and recommendations for the “denounced” party, and must then report the case to the COP.

Finally, a draft decision on Human Rights Defenders in Environmental Matters was discussed. Around this problem that seriously affects the region, the Conference planned an open-ended ad hoc working group on human rights defenders, to develop an action plan; and a forum to prepare a final report as input.

Although there were tensions around the role of public participation based on the position of certain States, the truth is that the goals set and the regulations approved meet adequate and innovative standards (although they can be improved) in relation to any treaty. till the date. It provides tools of practical utility whose dissemination and use should be promoted, even when the participation of groups of people in situations of vulnerability has not been really significant.

 

More Information

 

Links of Interest

 

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

*Picture of Diario Perfil

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We exchanged about learnings in Environmental Justice

Summoned by the Legal Empowerment Network, numerous NGOs from Latin America participated in a meeting in the city of Santiago de Chile.

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.

During the first week of April, an event was held that sought to exchange learning on Access to Environmental Justice issues. Together with civil society organizations from Latin America, we participated in conferences that addressed issues related to community empowerment, access to environmental information, public participation, and environmental justice.

From the work experience of the organizations, we talked about the problems that the entire continent is going through in the topics worked on, as well as the various strategies of approach and incidence. Even with the different realities observed, the common pattern that crosses the Latin American States regarding the barriers to access to information, public participation and environmental justice was glimpsed; as well as the threats that environmental defenders must face.

Members of ECLAC and those in charge of implementing the Escazú Agreement participated in one of the sessions. They shared their views on the treaty and possible regulations ahead of the first Conference of the Parties.

Throughout the conference, the different contributions and experiences were collected to guide the joint work of those who make up the Legal Empowerment Network. Undoubtedly, a significant experience in pursuit of guaranteeing access to environmental justice throughout the region.

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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Explosions in La Calera Natural Defense Reserve: a brief analysis

Throughout the month of January, the Explosives Brigade of the Police of the province of Córdoba will detonate eight tons of explosives in the La Calera Natural Defense Reserve. According to reports, the explosions were ordered by a federal court as part of a legal case.

“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 La Calera reserve is a Natural Defense Reserve. This category of protected area is not exclusively intended for conservation, such as national parks. However, due to its high value for the conservation of biodiversity, the preservation and protection of its natural characteristics is sought. These are properties that belong to the Argentine Army, used for defense purposes, but due to their ecosystem importance, cultural or natural heritage, they enter into a protection regime.

These areas are administered by a Mixed Local Committee, made up of representatives of the National Parks Administration and the Armed Forces. Two functions are fulfilled in these territories. On the one hand, those associated with military tasks, and on the other, those linked to the conservation of biodiversity. Military activities have priority over the latter, according to the regulatory framework that regulates these areas. It is important to clarify that although these areas belong to the National State for the development of its functions, they are not exempt from compliance with environmental regulations of both national and provincial minimum budgets. Let us remember that the powers of regulation, authorization and control in environmental matters within the provincial territory, belong to the province, even in those places that are of national utility, as long as the functions of these establishments are not affected by the exercise of those faculties.

However, the General Environmental Law No. 25,675 requires that any activity that may degrade the environment, any of its components or affect the quality of life of the population, must undergo the environmental impact assessment procedure prior to its execution.

For its part, Provincial Law 10,208, makes this procedure mandatory for those activities that are included in its ANNEX I, among which is any activity to be carried out within a territorial portion included in the regime of the Law of Areas Provincial Natural Areas or those with similar or equivalent national regulations, or areas with assets of archaeological or historical-cultural value (as in the La Calera Reserve).

Based on this analysis, it is possible to note that any activity carried out in the La Calera Defense Reserve must undergo an Environmental Impact Assessment before the provincial authority, as long as this does not interfere with the military functions carried out there.

The detonation of 8 tons of explosives by the Provincial Police, without a doubt, is not part of the military function of the Armed Forces.

Given this scenario, it is possible to conclude that the explosions should have been subjected to the Environmental Impact Assessment procedure prior to their realization, and obtain the corresponding authorization from the local authority. Well, it is an activity subject to this procedure by provincial regulations, which would not interfere with the military function, since the detonation is not due to an activity of the Armed Forces, but rather responds to the activity of the provincial police force.

It should be noted that the communities that live in the area did not have the opportunity to access information on the detonations, nor provide their opinion on the matter, as guaranteed by the Escazú Agreement and local laws.

The most striking aspect of the case is that the National Parks Administration itself, which is involved in the management of the Reserve, seems to have made no reservations about the detonations and their possible negative impacts, nor have the provincial authorities -Secretariat of the Environment, Police Environmental-. It is also possible to question the judicial origin of the measure and the obligation to analyze the possible impacts of its actions. In this regard, it should be remembered that environmental regulations are mandatory for all State authorities and it is their duty to preserve the environment, as well as to apply the rules of minimum environmental budgets.

In short, the Calera Reserve has fundamental ecosystem functions. Its flora regulates rainfall, guarantees the recharge of the Suquía River, prevents the impact of rains on outlying neighborhoods, constitutes a green corridor between the Quebrada del Condorito National Park and the Pampa de Achala Reserve, in addition to guarding archaeological heritage and a large cluster of species of flora and fauna (325 native species, 7 threatened). Not evaluating the potential environmental impact of the detonations not only violates local environmental regulations, but also puts the communities that live nearby at risk and, above all, seriously affects the environmental services that the Reserve provides.

Due to the importance of this type of area, it is a priority for the State to guarantee the application of current regulations on environmental matters. In addition, this category of protected areas must be institutionalized through the sanction of a law that accurately outlines the applicable regime and the restrictions on its use, for the efficient achievement of conservation objectives, as many current bills intend. parliamentary status in the National Congress.

 

Links of interest:

Cooperation Framework Agreement

Protocol for the creation of the La Calera Defense Reserve

 

Contact:

juanbautistalopez@fundeps.org

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Exhibition of animals in stained glass: a prohibited but current practice

Despite the fact that the sale and exhibition of animals in stained glass windows is a prohibited practice in Córdoba, it is still common to see them exhibited in some veterinarians in the city.

“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 ban began to take effect after municipal ordinance No. 9575 was unanimously approved in September 2019 by the Public Health Commission. It began to be applied in March 2020 and the veterinarians had a period of 180 days to adapt to the regulations.

The ordinance in its article 6 bis clarifies that the prohibition includes any type of exhibition, either for sale or adoption. Regarding the conditions of the premises authorized for the commercialization of domestic animals, it establishes that these must be isolated, with suitable ventilation, and must comply with the general requirements and ensure sufficient conditions for their containment in an optimal hygienic-sanitary state. Article 8 determines that the cages used to contain them must be specific to each species, with sanitary trays, drinkers and feeders in perfect cleanliness.

In addition, in a novel way, it contains an article that allows businesses dedicated to the sale of pets to collaborate with the animal adoption activities carried out by the Municipality, thus encouraging the adoption of “street” animals.

Unfortunately, although more than two years have passed since its entry into force, there are still premises that do not comply with the regulations, thus configuring a violation and, eventually, a crime. Faced with non-compliance, in addition to the application of the Municipal Code of Misconduct, as determined by ordinance 9575, we have national law 14,346 (known as Sarmiento Law) sanctioned in 1954. It establishes a penalty of 15 days to 1 year for those who mistreat or make victims of acts of cruelty to animals.

It is possible to think that if the conditions, established by the municipal ordinance, guarantee the physical and psychological well-being of the animals protected by the regulations, their non-compliance constitutes a serious indication that conditions other than those required will seriously harm animal welfare. ; which would place the conduct in a case of commission of the crime of animal abuse (Art. 3, inc. 7 of National Law 14,346).

It is important to make visible and be aware that these types of behaviors are intolerable. In addition, current regulations provide tools so that, if necessary, the corresponding criminal complaints are made. It is possible to formulate them in any judicial unit, in front of the judicial police or, failing that, in Courts II in the prosecutor’s office on duty.

Authors

Carla Bisoglio

Brenda Cuello

Ananda Lavayén

Contact

Juan Bautista López, juanbautistalopez@fundeps.org