Tag Archive for: Environment

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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

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Report: Demands and Challenges in Access to Public Environmental Information

Within the framework of the project “Strengthening the capacities of civil society in the exercise of the right to public information through the Escazú Agreement”, we shared the debates and reflections on the effective fulfillment of this right.

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The demands and challenges in accessing public environmental information

During the months of October and November, together with the participation of professionals and specialists in On the matter, three synchronous virtual meetings were held where different points related to access to public environmental information and the tools provided by the Escazú Agreement were addressed. Having finished and culminated the project, thanks to the information provided by the participants, the exchanges and debates that took place, we made a series of reflections and questions about the effective fulfillment and exercise of this right.

“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 first of the three workshops featured a lecture by María Laura Foradori, lawyer and specialist in Environmental Education, the second with Ana Di Pangracio, lawyer and Executive Director of Farn, and the third, eminently practical, was directed and accompanied by members from the Fundeps team.

During the meetings, by virtue of the expressions and comments that were given, it was possible to notice a great unsatisfied demand from groups of people and civil society organizations that seek to access information associated with numerous environmental problems. Also, indirectly, there is an escalation in socio-environmental conflict, a growing awareness in relation to the importance of caring for the environment and the need to get involved in its protection.

Those demands, in part, are consolidated from the ignorance of the tools and instruments that allow access to public information in general, and environmental information in particular. On the other hand, they can also originate from disbelief in institutional functioning, based on experiences with a high degree of non-compliance when receiving responses. In addition, the need to resort most of the time to legal claims has repercussions on the will of the citizenry, thereby delegitimizing the institutional design that guarantees access to environmental information.

Faced with this scenario, we believe that it is necessary to make institutional adjustments through public policies that make known and bring the tools for access to environmental information to the public. Likewise, it is imperative that improvements be made to ensure that the State complies with its obligation to provide responses.

To make this possible, we propose a series of recommendations and suggestions to the authorities, including updating the Law on Access to Public Information in the province of Córdoba, the creation of an Agency or Office with competence in the matter, improvements in the information request mechanisms so that they are easy to understand and access for citizens, improvement in the response rate to requests for information that are made, training authorities on access to public information as a human right and the implementation of specialized agencies and entities in environmental matters for the monitoring and inspection of all requests for information.

In turn, it is necessary to adapt the regulations for minimum environmental budgets in terms of access to information to the standards of the Escazú Agreement since this reaffirms and reinforces the rights of people to access and participate in environmental matters, environmental democracy and commits the international responsibility of the Argentine State in the event of any breaches.

Finally, we must also highlight the fundamental role assumed by organized civil society and citizens in the exercise of this right. On the one hand, in continuing to provide tools and get involved in exercising this right responsibly and, at the same time, offering alternative solutions to the authorities so that they guarantee the rights contemplated in the Escazú Agreement.

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Autor

Ananda Lavayén

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

 

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We present a statement at the 16th Youth Conference on Climate Change.

Within the framework of the United Nations Youth Conference No. 16 on Climate Change to be held in Glasgow from October 28 to 31, we formulated a statement that will be added to those of other Argentine civil society organizations.

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

The Youth Conference (COY) 16 will take place days before the annual UN Climate Change Conference (COP). At that conference, a policy document will be finalized, which will then be presented to world leaders, representing the voice of youth at the COP.

From Fundeps we have prepared a statement in which we highlight the problems, demands and needs that the Province of Córdoba presents in environmental matters, particularly from the elaboration and implementation of policies from an extractivist and unsustainable paradigm.

Based on this, we formulate a series of demands and requirements aimed at those responsible for the formulation, implementation and monitoring of public policies aimed at the protection, improvement and conservation of the environment.

Access the statement

 

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

 

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Workshop: How to access public environmental information?

Aimed at organizations, assemblies, associations and interested people in general, on Friday, October 15 and 29 at 4:00 p.m. we will carry out two virtual meetings, which will aim to provide theoretical and practical tools on access to public environmental information.

“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 first workshop will have as main speaker Laura Foradori, lawyer, researcher, specialist in Environmental Education and university professor. It will focus on the importance of access to public environmental information, its regulatory framework and the obligations of the State. In addition, there will be a space for dialogue and exchange of experiences with the people present.

The second workshop will have as speaker Ana Di Pangracio, lawyer, Counselor of the International Union for the Conservation of Nature (IUCN) and Deputy Executive Director of the Environment and Natural Resources Foundation (FARN). The talk will address the Escazú Agreement and the tools it provides to guarantee the right of access to public information as a fundamental component of an environmentally committed citizenry.

Throughout the cycle, practical activities will be carried out and tools will be provided to make requests for access to information on environmental matters, with subsequent support from Fundeps.

Registration is free and free through this form and you can participate in the full cycle or in each of the meetings individually.

I WANT TO REGISTER

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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We participated in the public hearing of Piedras Blancas

On September 13, we participated in the Virtual Public Hearing held by the Ministry of the Environment of the Province for the expansion of Piedras Blancas.

“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 project aims to expand the “Piedras Blancas” solid waste disposal center located near the town of Bouwer. This has been in operation since 2010 and is about to exhaust its capacity. Waste from 20 locations is deposited there, including the city of Córdoba.

From Fundeps we present various observations about the project. We warn of the suspicion of a case of environmental discrimination, given that the area has received numerous impacts for a long time, a situation that is not assessed by the Environmental Impact Study. The citizens of the towns of Bouwer and Santa Ana for a long time have been demanding and questioning the decision of the authorities to accumulate environmental impacts in the territory. It should be noted that the Piedras Blancas property is added to the projected Cormecor Environmental Center, the State Potrero, the Hijacked Vehicle Deposit, the Taym Hazardous Waste Treatment Plant, among other impacts, which allow a ” environmental sacrifice zone ”.

Likewise, the hearing made it possible to highlight the historical deficiency in the integral management of waste in the city of Córdoba, which undoubtedly has an impact on the impact and the need to have larger areas for burial. This compromises any political responsibilities at stake.

The expansion of the property can constitute a quick and economical solution to the problem of solid waste. However, it is necessary to implement comprehensive waste management policies that reduce the environmental impact from a circular and comprehensive approach, which, above all, does not jeopardize the future of certain neglected communities in pursuit of the supposed general welfare.

 

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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We participate in the preparation of the general guidelines of the Yolanda law

From July 19 to 23, we participated in the meetings called by the Ministry of the Environment of the Province for the preparation of the general guidelines at the provincial level established in Law No. 10,758 of adherence to the Yolanda Law.

“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 ordered by Art. 3 and 4 of National Law No. 27,592, the Ministry of the Environment of the Province held a series of meetings in which various Civil Society Organizations of the Province participated. The objective was the preparation of the general guidelines on content to be dictated in the training aimed at people who exercise public functions in the three branches of the State.

The meetings dealt with various topics associated with the biodiversity axis, climate change, training in laws, among others. The space allowed each organization to give its point of view about the important issues and the modalities to be adopted.

The design of the law and its compliance by the authorities, allows and will allow the training of those who implement public policies on environmental matters, based on consensual content from the dialogue. Undoubtedly, citizen participation constitutes a fundamental pillar for any institutional architecture linked to the environmental issue, which must be reflected in a real and finished way at the moment of crystallizing state practice, in this case, mandatory training.

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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We make contributions to the basic guidelines of the Yolanda Law

With the enactment of National Law No. 27,592-Yolanda Law-, the national State established mandatory training in environmental matters for people who exercise public functions.

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

Within the framework of the new regulations, the enforcement authority (the National Ministry of the Environment) summoned civil society organizations and scientific institutions specialized in the matter, in order to establish the “General Guidelines” for training. To this end, the Ministry made available a base document for making comments and a web form.

From Fundeps, after analyzing the base document, we present contributions related to the so-called epistemological axes that should guide the training. We also made comments on the teaching-learning methodological alternatives to be adopted.

It remains to be noted that the document proposes certain “mandatory” topics for the entire state sector and others of an “optional” nature. However, the generality in the formulation of the conceptual contents is generic and presents several disadvantages depending on the perspective adopted on the subject. For this reason, we suggest certain core minimum contents in which the training program must be established within the framework of the Yolanda Law.

Training in environmental matters is essential for institutional design, public policy development and judicial decision-making, thus understanding the three functions that the State exercises (legislative, executive and judicial). It is necessary that the issues to be addressed present a strong commitment to the state function to guarantee the sustainability of life and the enjoyment of fundamental rights.

More information

The province of Córdoba adhered to the Yolanda Law

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Rights in the Escazú Agreement

On April 22, the Regional Agreement on Access to Information, the Public Participation and Access to Justice in Environmental Matters in America Latin America and the Caribbean- “Escazú Agreement”. On the occasion of world environment day. We present a resource of the rights guaranteed by 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”

The main objective of the Agreement is to facilitate access to information, to citizen participation and justice in environmental matters, this being fundamental to strengthen democracy, sustainable development and care for the environment. Their Provisions include a gender perspective, open government, and criteria for priority in its application linked to people and groups in the condition of vulnerability. Finally, it incorporates a chapter specifically aimed at protection of human rights defenders in environmental matters.

The principles, rules and norms contained in the treaty are added to the broad and robust range of environmental laws in force in Argentina, reinforcing the rights and duties that govern in this matter. Most of these despite being in force, are systematically breached and injured by the powers of the authorities, particularly with regard to access to information, to the citizen participation and justice.

From Fundeps we elaborated a resource on the Escazú Agreement with information about its content, principles and rights that it guarantees. In addition, incorporates tools for legal information and for access to information environmental.

Faced with a scenario of constant violations of the right of access, it is It is important to know and disseminate the rights that Escazú guarantees to achieve their effective respect and application.

DOWNLOAD RESOURCE

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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ESCAZÚ AGREEMENT: Access to Information, Public Participation and Justice in Environmental Matters

This resource is intended to publicize the content, the rights it guarantees and the obligations of the State that govern the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean – called the Escazú Agreement. In addition, it incorporates in its annexes tools and models to exercise these rights before the authorities.

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The Municipal Environmental Issues Training Process

The Municipality of Córdoba sanctioned ordinance No. 13.103 in November 2020. Even though it is not a question of adhering to the so-called Yolanda Law, it implements permanent and mandatory training in environmental matters at the municipal level.

“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 ordinance obliges all persons who perform municipal public functions to receive training in environmental matters. In particular, the ordinance raises issues such as current regulations, with a focus on climate change, global warming, environmental care and ecological balance, urban solid waste management, the circular economy, biodiversity and the responsible use of resources in the workplace.

Although the regulations provide for a mechanism for access to information for the dissemination of the degree of compliance through various indicators, to date this has not been implemented. However, various events have been announced through the municipal portal in which the trainings were carried out.

In this framework, we request through the municipal platform for access to information, various points about the implementation process to date. The laws and ordinances that guarantee access to public environmental information allow this type of information to be requested in order to monitor public policies.

The truth is that on numerous occasions this type of request is not usually answered, impacting such action on the exercise of these rights. Access to information is a pillar for the defense of collective rights and for an adequate participatory environmental management.

Contact

Juan Bautista López, juanbautistalopez@fundeps.org