Tag Archive for: Environment

Native forest ecosystems, no less than a month after the last fires, are again affected by this phenomenon, causing immeasurable environmental damage. Even though drought conditions constitute a variable that increases the risk of fire, these, for the most part, come from a premeditated and intentional human action.

“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 month of August, the province suffered serious fires that spread over over 40 thousand hectares, causing serious socio-environmental damage, that is, destruction and disappearance of forest ecosystems, damage to homes and evacuations of those who live in the vicinity. Even though its effects persist in the burned areas, new sources of fires are seriously affecting other geographical sectors of Cordoba.

This serious situation makes it possible to question the actions of the authorities regarding the efficiency or even existence of a system to prevent these phenomena. The reality is that less than a month after the last fires, prevention failed again and today it is necessary to observe and regret – again – the loss of biodiversity and the damage to mountain communities due to intentional fires in the province.

The objectives and values ​​that arise from the environmental protection regulatory system, and in particular, from the fire management system (National Fire Management Law No. 26,815) and that should guide the implementation of public policies around the phenomenon, they were and are clearly unfulfilled. The early warning and action systems envisaged in the regulations seem to be part of an ideal far from their effective implementation.

Notwithstanding this, even when the preventive stage has largely failed, it is important to emphasize the duty of recomposition that weighs on those who are responsible for the fires as well as on the authorities, and on the important role played by citizens and civil society in demanding compliance. Contrary to what seems to have happened on the preventive side, the recomposition cannot and should not constitute an illusion. Real measures must be put in place to guarantee, from a technical point of view, adequate restoration of ecosystems, ensuring real (not fictitious) citizen participation that allows communities to monitor and be part of this process.

At this point, it is necessary to clarify that, according to current regulations, the areas that were protected by the categories of forest land management do not lose this categorization due to fires, and there is an obligation to recompose them. This circumstance should not be ignored because any undertaking or action that intends to use these territories must be subject to the restrictions that are in force for the corresponding protection category, even when as a result of the fire there is no native forest there.

On the other hand, it is important to note that even when the figure of “ecocide” serves as a conceptual category to frame the events, the truth is that from the legal point of view, it is not incorporated into the Argentine criminal law. The reality is that the use of category can divert attention, blurring the true criminal responsibility attributable from Arts. 186,187, 188 and 189 of the Penal Code, that is, the crime of arson in its various forms and according to its various qualifiers. For this reason, it is important to note that this type of responsibility exists, is punishable by the Penal Code, can and should be reported, investigated and tried, without prejudice to the corresponding responsibilities regarding environmental recomposition.

From Fundeps, we believe that the authorities should, among other possible measures, carry out effective prevention actions immediately; comply with an adequate investigation in order to determine and attribute the corresponding responsibilities for the damages or crimes committed; launch an environmental recomposition plan closely linked to citizen participation; and to tend to the protection of all the native forest ecosystems existing in the province not only in relation to fires but also around any activity that threatens their integrity.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

Source

Images of fires in Falda del Carmen and Bosque Alegre (Pedro Castillo / La Voz)

In a special session held yesterday, the Chamber of Deputies approved the bill to ratify the Escazú Agreement. With this act, only the ratification of a Latin American and Caribbean State would remain for its subsequent entry into force.

“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 month of August, the Chamber of Senators had already approved the bill to ratify the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean ( Escazú Agreement). Yesterday, following the procedure established by our Constitution, the Chamber of Deputies gave the remaining half sanction necessary for the effective ratification of the Agreement.

Thus, Argentina became the tenth country to carry out this act. This is important because we remember that the text of the Agreement itself provides, in its art. 22, the entry into force after the 90th day from the deposit of the eleventh instrument of ratification, acceptance, approval or accession with the Secretary General of the United Nations (depositary of the agreement). This means that only one more State ratification would remain before the 90-day period prior to the effective entry into force begins.

Let us remember that this treaty is not only innovative in its content because it was consolidated from an arduous process of debate and citizen participation, but because it constitutes the first international normative instrument that guarantees and establishes a protection system for those who are defenders of the human rights in environmental matters. It should be noted that the Latin American and Caribbean region registers the highest number of murders of those who carry out this task.

Likewise, the text regulates the rights of access to information, citizen participation and environmental justice. Although in the Republic there are norms that guarantee the respect of these rights, the truth is that the approval of the treaty affects its effective fulfillment and enjoyment, since it places the State in the obligation to comply with its international commitments under penalty in responsibility for its breach.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

This document aims to examine, from a comprehensive environmental and public health perspective, the impacts caused by the application of agrochemicals. One of the many consequences of the existing agricultural production model in Argentina is linked to the excessive application of agrochemicals and their consequent negative externalities for the environment, public health and the general population.

In June, Deputy Leonardo Grosso (Frente de Todos) presented before the Chamber of Deputies of the Nation, a bill of minimum environmental protection budgets for the handling and application of agrochemical products. Specifically, it seeks to prohibit “all aerial applications of agrochemicals and terrestrial, manual or mechanical, of agrochemicals within one thousand five hundred (1,500) meters of urban areas, permanent housing, rural schools, human settlements, beekeeping plants, production and industrialization of animal products; rivers, streams, lagoons, courses, mirrors, reservoirs, dikes and water wells ”.

“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 importance of said bill, among other assumptions, starts from the basis of establishing a standard of minimum budgets which grants a uniform or common environmental protection for the entire national territory, and aims to impose necessary conditions to ensure environmental protection . The normative text is part of the State’s duty to preserve the human environment to the extent that it houses the health of citizens and safeguards their quality of life, which should configure its main objective (41 of the CN) and that in turn, it has been accepted by the General Environmental Law within the framework of the principles of environmental public policy.

Among the most notable aspects of the project the following can be mentioned:

Establishes minimum distances for the application of agrochemicals: art. 2 of the project prohibits the application, handling and storage of agrochemicals in urban areas and the obligation to establish a minimum distance of 1500 meters from urban areas, permanent homes, etc. It also establishes that in the event of a reasonable doubt about the delimitation of the environmental protection area, it will be the obligation of the person who is going to apply the agrochemical to request the delimitation of the prohibited area.

Regarding environmental damage, in art. 5 of the project, has an important forecast around responsibility. Thus, it presumes, unless proven otherwise, that whoever applies the agrochemical within the area of ​​environmental protection is responsible for the collective environmental damage caused. Likewise, it provides for a system of joint and several liability (jointly) of all the people who intervened in the application of the product, including the producers, usufructuaries, tenants, and any other person responsible for the property on which the product is applied. Said responsibility is extended in turn to the competent authorities that have not acted in a diligent manner when applying the law. Furthermore, the law obliges the latter to apply any ex officio measure tending to comply with the regulations.

From the content of the normative text arises, even if not expressly, the orientation of the rules arranged from the precautionary principle, cardinal in the environmental law microsystem. This establishes that the absence of scientific information will not be a reason to postpone the adoption of effective measures to prevent the degradation of the environment in the face of a danger of serious or irreversible damage, in this situation and in the event of a hypothetical negative impact on the environment and the health of The population due to the exposure of agrochemicals should apply this principle, and restrict or regulate its use in such a way as to prevent any harmful impact.

The initiative is important because it makes visible the problems posed by the use and application of these products indiscriminately and allows us to discuss this aspect of the problem, which until now has been casuistically resolved by numerous local courts, guaranteeing safe application distances. Argentina leads the world ranking in terms of the amount of glyphosate used in its agricultural production and there are no doubts about the toxic, acute and chronic effect that agrochemicals have on the health of the population in particular and the environmental impact at a general level. It is therefore essential that the State, within the framework of its powers, issue public policies aimed at defending the environment, thus guaranteeing respect for a fundamental human right such as health.

Link to the bill

Author
Maria Canedo

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org 

On July 15, the Ninth Nomination Chamber of Civil and Commercial Appeals of the city of Córdoba resolved to nullify the first instance ruling and allow the placement of fences in the Los Paredones stream in the town of Alta Gracia. In the same cause, with the group Todos Por Nuestro Arroyos, we request in 2018 to participate as interested third parties.

“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 month of July of this year, the Chamber of Appeals in Civil and Commercial matters of the 9th nomination issued a judgment in the proceedings entitled “El Potrerillo de Larreta S.A against Province of Córdoba-Ordinary-contentious administrative claim of full jurisdiction-precautionary”. The court decided to annul the judgment of first instance, admitting the demand of the Country Club Potrerillo de Larreta and consequently allowing the enclosure of the Los Paredones stream in that sector corresponding to the undertaking.

In the framework of this cause, together with the group of neighbors Todos por Nuestro Arroyos, we requested in 2018 the participation as interested third parties. The request had and is intended to be able to participate in the judicial process, allowing us to contribute elements that we consider relevant for its resolution. However, as of this date, said request continues without being resolved.

After almost two years have passed, the delay in processing and resolving the incorporation of Fundeps and the group Todos por Nuestro Arroyos in the case constitutes a barrier that restricts adequate access to justice while violating the guarantee of effective judicial protection . While we wait together with the community for acceptance to be part of the process, the case continues with its processing, a second instance having already been resolved and with the possibility of a final resolution, without being able to be heard those who have legitimate interests in participating.

Contact

Juan Bautista Lopez, <juanbautistalopez@fundeps.org>

On August 11, through a Resolution of the Official Gazette, the Ministry of Agriculture, Fisheries and Livestock defined its new organization chart and made official the creation of the National Directorate of Agroecology, which will be chaired by the agronomist Eduardo Cerdá who is the president of the National Network of Municipalities and Communities that Promote Agroecology (Renama). This direction will act under the orbit of the Secretariat of Food, Bioeconomy and Regional Development.

“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 directorate will be “to intervene in the design and implementation of policies, programs and projects that promote intensive and extensive primary production based on agroecology at all its scales, coordinating with producers, agrarian organizations and municipal and provincial governments.” To comply with this, it is expected, among other actions, the creation of a Strategic Plan of Productive Transition that contains the objectives, methodology and recipients for the agro-ecological implementation; and the granting of technical, credit and tax assistance to promote said activity.

This government decision is historic for our country, and is framed within the growing environmental crisis and the need to establish consistent public policies, such as the design of alternatives to the agricultural production model that prevails today. It is a decision that recognizes the approach that various farmer organizations have been developing for years, who have created alternatives to confront the hegemonic system. In addition, the current Minister of the Environment, Juan Cabandié, has repeatedly pointed out the risk that the use of pesticides and phytosanitary products entails in the health of the population and the environment, classifying them as “poisons”.

In this sense, agroecology proposes another way of producing food, which in the words of Eduardo Cerdá “implies taking into account and putting into play all ecological processes when producing agriculture and livestock. It is not a business look, it is a system look, to understand the natural processes that work in a field. By taking into account all the processes, it is easier to take care of them ”.

For these reasons, we welcome the implementation of this direction at the national level, since it represents a change of vision in the way of producing food in our country and implies an advance in the much-promised food sovereignty. We believe that this measure provides the appropriate initial impulse to give place and space to this production alternative based on sustainability and caring for the health of people and the environment. In this way, it is possible to incorporate a social and environmental perspective to the Ministry of Agriculture, Livestock and Fisheries, which is extremely necessary in these times.

Authors

Maria Laura Carrizo Morales 

Ananda Maria Lavayén

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

As a result of a presentation made by the defense of one of the accused in the so-called “mother cause” of Barrio Ituzaingó, the Criminal Chamber No. 12, decided to allow the dismissal. She considered that the accused in question had already been convicted of the same crime in the first trial in which the fumigations in the neighborhood were tried. Now it will correspond to the Superior Court of Justice to resolve such situation.

“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 23, 2020, the Criminal and Correctional Chamber No. 12, decided to dismiss producer Francisco Rafael Parra in the “Mother Cause” of the Ituzaingó neighborhood. He was accused of the crime of malicious environmental contamination.

The Court understood that Parra had already been tried and convicted for the same crime. To reach such a conclusion, the judge confronted both facts, the one for which he was previously convicted, and the fact on which the current accusation fell (in the mother case). The Chamber determined that they were the same “criminal event”, so judging it again would imply violating the so-called “non bis in idem” guarantee that prohibits double persecution for the same fact already tried.

Faced with such a decision, the parties to the case filed “cassation” appeals. From there, it will correspond to the Superior Court of Justice through its criminal chamber, to decide whether the decision of the Criminal Chamber must be confirmed or reversed.

The dismissal of the producer, already previously convicted of the same crime, implies the impossibility that in the mega-case he can be convicted again. This situation is important, since an eventual second sentence would entail effective enforcement in prison.

On the other hand, the foundations on which the Crime Chamber was based to resolve the dismissal, are highly debated in the legal field. In this sense, the arguments put forward by the Public Prosecutor of the Chamber are important, who in order to seek the trial of the accused, argued that the fact judged previously, was not the same now tried, and that it was far from being applicable the category of crime continued in the case since the circumstances of time, place, and mode of commission were radically different.

It is worth remembering that the so-called “Mother Cause” (also called the Barrio Ituzaingó megacause) is well known for treating the accumulation of numerous complaints of fumigation in the Barrio. This has been more than sixteen years, in which the prosecution and complaint presented as witnesses to numerous affected neighbors, experts in the subject, teachers from different universities, among other specialists, tending to determine the effects of the fumigations in cancer rates and malformations in the neighborhood.

This year, the Chamber had set the date for the oral and public trial for March, but due to the Covid-19 pandemic, it had to be suspended. Even so, the Chamber processed the exception presented by Parra’s defense.

The first cause set an important precedent and was symbolic in the fight in residential areas, as it was the first sentence in our country and in Latin America to convict an agricultural producer and an air fumigator for the crime of malicious contamination. In this sense, the judgment of the “megacause” by the particular nuances it presents, is transcendental in this struggle initiated by the mothers of Barrio Ituzaingó.

Authors

  • Ananda Lavayen
  • María Laura Carrizo

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

On June 12, 2020, in the city of Santa Fe, the Second Chamber of the Civil and Commercial Appeals Chamber, made up of Eduardo Sodero, Luciano Pagiliano and Armando Drago, resolved to establish a distance of one thousand meters for fumigations land around a family home. This resolution was made within the framework of a fumigation action filed by Norberto Oscar Bassi and Estefanía Bassi against the Commune of Zenón Pereyra, Carlos Schalbetter, Luis Ballarino, Ballarino Rural S.H. and “subsidiarily” against the province of Santa Fe.

“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”.

Two residents of the town of Zenon Pereyra (Santa Fe) promoted an amparo action in order to prohibit fumigations in the fields adjacent to their home, in compliance with city ordinance no. 11/11. Through the action they requested that manual fumigation within 1000 meters with any type of agrochemical product be prohibited, at the same time that they requested the planting of a live fence to mitigate the contaminating effects of the products.

The plaintiffs claimed to be neighbors of the fields of Messrs. Schalbetter and Ballarino (the former, leased to the latter) in which soybeans and wheat were planted and fumigations with agrochemicals (2-4 D and glyphosate) were carried out through the use of “mosquitoes”. Furthermore, the plaintiffs stated that due to the fumigations and the toxicity of the products, they suffered from respiratory difficulties and other health disorders.

In the first instance, the District Judge in Civil, Commercial and Labor Law of the city of San Jorge decided to grant the amparo action and to prohibit the fumigation of the neighboring fields to the plaintiffs at a distance of less than five hundred meters. , “With no type of agrochemical”. In his sentence, the judge repeated what was resolved in the case «Peralta c. Municipality of San Jorge ”, considering that“ nothing has changed ”(and therefore“ the criteria set must be maintained ”), without prejudice to rejecting the request for“ a living fence ”.

Faced with such pronouncement, the co-defendant Luis Ballarino and the actors filed an appeal for annulment and appeal. The co-defendant maintained that the ruling was void because it had been based on poorly added documentation, and that this was favorably valued by the amparo. Regarding the appeal, he argued that the proposed protection did not meet the necessary requirements for its “origin” (requirements for it to be dealt with by a judge) and that the damage or injury to health had not been proven.

As for him and the amparista, they maintained that the sentence was null and void because the court said nothing about the request for the tree perimeter fence, and that it had only “copied and pasted” the grounds for a previous ruling. Regarding the appeal, they stated that the judge, when setting the distances, did so without taking into account the geographical and urban characteristics of the area, and that he considered the right to property and work over the right to life, to health and a healthy environment, without considering the environmental public order and the principles of “no regression” and “progressivity”.

The resolution of the Chamber

The Chamber granted the “appeal for annulment” filed by the actors. The organ affirmed that the judgment of first instance had effectively omitted to pronounce on certain issues raised, and that it lacked sufficient justification since it had only limited itself to literally transcribing its own precedent of relative antiquity, without taking into account or referring to the provincial rules and premises at stake as well as the principles that assist in environmental matters.

To resolve, they had special consideration in the rights of people who, for different reasons, settle in places adjacent to the land where exploitations are carried out (read fumigations), understanding that it is not fair or reasonable that they are disproportionately affected . They also took into account the protection deserved by people who have not yet been born, with whom there is a debit of intergenerational justice.

The court decided to set a thousand meters – counting from the outer limit of the plaintiffs’ house – the minimum distance to observe to carry out land spraying. The judges argued that, as a result of the greatest existing scientific evidence regarding the effects of agrochemicals, it was necessary to “adjust” the distances for the fumigations, also taking into account what was established by the judgment in the “Peralta” case. c. Municipality of San Jorge ”, of December 2009, which has become a common thread through the reiteration of other provincial courts. In this way, they reiterated the need to optimize the protection of health and well-being in the face of agricultural practices, encourage the use of alternative herbicides and redirect production towards another less dependent on agrochemicals.

In the aforementioned case, the classic collision of the economic rights of agricultural producers with the essential rights to a healthy environment, to life and to the health of people is presented. For its solution, a concordance between them must be sought, without forgetting that the human being is the source of all rights, taking into account the irreparability of the affectation of the essential rights of the affected communities, especially when there is ample evidence that shows that the Agrochemicals are not harmless to people’s health.

This resolution joins the list of judicial decisions that establish a minimum protective threshold for people who have their center of life in the vicinity of agricultural operations, protecting the neighbors who suffer the consequences of the fumigations and are deteriorated, thus their health and its development possibilities. In this context, and with the existing scientific information, we want to highlight the prevailing need to update the protective laws, which, based on the precautionary principle, must urgently advance in restricting the use of agrochemicals.

More information

Authors

  • Laura Fernandez
  • Ananda María Lavayén
  • Maria Laura Carrizo Morales

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

Together with 16 civil society organizations in Latin America, we prepare this report that addresses the problem of Climate Change, its effects and impacts on human rights from the regional context. It was presented to the Inter-American Commission on Human Rights during the 173rd session.

Together with other civil society organizations in Latin America, we prepare a report addressing the problem of Climate Change, its effects and impacts on human rights from the regional context. This was then presented to the Inter-American Commission on Human Rights during the 173rd session.

“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 report, prepared collaboratively with 16 Latin American civil society organizations, analyzes the existing problems surrounding the effects of climate change. In particular, the impact that the phenomenon has on the human rights of millions of people worldwide is examined. Its consequences cross and violate the right to life, health, water, and a healthy environment, in turn affecting many others due to the interdependence between all of them.

Likewise, the differentiated impact to which certain groups and communities in vulnerable situations are subject, such as those who belong to Indigenous and tribal peoples, children and adolescents, women and members of rural communities. Those who make up these groups, due to their particular circumstances, suffer more intensely from the harmful effects of climate change, consequently, their situation of vulnerability worsens.

In this document, we also examine the scope of measures necessary to prevent and deal with such consequences. For this, it is essential that the States implement mitigation and adaptation measures, as well as measures that provide for the repair of losses and damages caused. In this context, the report analyzes the obligations and responsibilities that both state and non-state actors have, in order to achieve complete respect for human rights. Finally, the document contains some recommendations based on the international human rights system.

The role that each actor occupies around the problem calls for a differentiated action. The States, Companies, Financial Institutions, and International Organizations must implement actions and measures that respect human rights in a context of climate emergency.

Download Report (Spanish version Only)

Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org

Coordinated by the Circle of Environmental Policy (C.A.B.A.), and in conjunction with other specialists, We elaborate the Legislative Environmental Agenda 2020, giving account and analyzing the main bills on environmental matters that have parliamentary status.

“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 2020 Legislative Environmental Agenda is an initiative led by the Policy Circle Environmental, which is emerging as a fundamental input to publicize those projects of law that are in force and in the process of being treated in both houses of Congress of the Nation. With the participation of various actors and specialists, the content, scope and importance of those projects in parliamentary status, linked to environmental issues, energy and public health.

The main objective of the report, according to María Eugenia Testa (director of the Circulo de P. Environmental) focuses on the visibility of those projects presented by different legislators, as well as in promoting parliamentary debate on issues environmental. Our contribution consisted of specifically examining those related projects to the ratification of the so-called “Escazú Agreement”; noting the importance that its incorporation into the local regulatory system, particularly due to the circumstance of taking a step in assuming international commitments in this area. These would allow to incorporate monitoring and enforcement tools regarding compliance with those measures to effective access to environmental justice, citizen participation and access to information environmental.

We appreciate the invitation, highlighting the importance of implementing initiatives collaboratives like the Legislative Environmental Agenda. We believe that the incorporation of different perspectives in the analysis process, enriches the debate and promotes alternatives for development of public policies in environmental matters. Likewise, we believe that such contribution to society allows to make visible the existing projects in the congress, examine their content, participate in public debate, monitor the legislative process, among other virtues that they strengthen the foundations of a transparent and participatory democratic system.

Access the full report

2020 CPA Legislative Environmental Agenda

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

Coordinated by the Circle of Environmental Policy (C.A.B.A.), and in conjunction with other specialists, We elaborate the Legislative Environmental Agenda 2020, giving account and analyzing the main bills on environmental matters that have parliamentary status.