Tag Archive for: Environment

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Concern and uncertainty regarding the progress of the works of the Villa Carlos Paz Environmental Center

The works of the Environmental Center of Villa Carlos Paz show an advance of 90% and estimate that in 30 days it will be in operation. Meanwhile, the concern of the residents of Malagueño continues asking for concrete measures to make effective the differentiated collection of waste as well as awareness campaigns.

“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 “Environmental Center of Villa Carlos Paz” is being developed in a municipal area located near the National Route 20, which links it with the city of Córdoba, where the current open-air dump is currently operating. It will process the garbage of more than 100.00 inhabitants of the region that includes Villa Carlos Paz and neighboring localities (Villa Rio Icho Cruz, Mayu Sumaj, Cuesta Blanca, Tala Huasi, Cabalango and Malagueño).

In Centro Ambiental, it is integrated by three works: a sanitary landfill for the disposal of solid urban waste, a separation and treatment plant for leachates (toxic residual waste liquid) and the closure of the existing open-air dump for more than 50 years. years.

The works with a total investment of 188,403,896 pesos are being financed through the Environmental Management Program of Tourist Municipalities, executed by the Ministry of Tourism of the Nation with funds from the IDB (Inter-American Development Bank) and the National State.

The construction of the Environmental Center began in mid-2017 and according to Horacio Pedrone, Secretary of Environmental Urban Development of the Municipality of Carlos Paz: “We think that by the second half of this year, we will have the new Environmental Treatment Center in operation of urban solid waste “.

While the works are advancing rapidly and the authorities of Carlos Paz announce that at the end of August the differentiated waste collection will begin in the city, in charge of the company Cotreco, in Malagueño there is uncertainty and concern.

In this regard, it is stated that although the Municipality of Carlos Paz has announced communication and awareness campaigns to the community on how to proceed when separating and collecting garbage, no concrete measures have yet been observed. The Malagueño authorities for their part say nothing about it, and taking into account that the Environmental Center will be inaugurated soon, the residents of Villa San Nicolás (Malagueño) fear that the place will become a new landfill.

The project foresees that once the construction of the Environmental Center is completed, the definitive closure of the existing open-air dump would begin, solving a problem that takes 58 years. Until recently, even the fire sources in the same one continued, affecting the smoke and the toxic gases emanating from the landfill to the San Nicolás neighborhood and other neighborhoods near the highway.

In addition, during the last months of December and January, the landfill was burning for more than 80 days, and therefore self-appointed neighbors organized protests calling for an environmental emergency to be declared as a result of the toxicity generated by the smoke from the burning garbage.

In short, the environmental damage affects the air that neighbors breathe, and due to the rains – which increase during the summer and tourist seasons – the ashes end in the San Roque dam that supplies water to 70% of the city ​​of Córdoba.

From FUNDEPS we follow this process and accompany the community of Villa San Nicolás to ensure respect for their rights to a healthy environment, health and access to information and citizen participation. Likewise, and as we have been saying for some time, we consider questionable the location of the Environmental Center next to the La Calera Defense Nature Reserve, and meters from San Roque Lake in areas that may have a higher filtration or percolation propensity towards the Napa of water.

More information

http://www.eldiariodecarlospaz.com.ar/sociedad/2018/6/14/en-agosto-comenzaria-la-recoleccion-diferenciada-de-residuos-52986.html

http://www.eldiariodecarlospaz.com.ar/sociedad/2018/5/15/asi-es-el-centro-ambiental-donde-se-procesara-la-basura-de-punilla-51764.html

https://lmdiario.com.ar/noticia/43262/malagueno-denuncian-problemas-respiratorios-por-los-incendios-del-basural

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Gonzalo Roza – gon.roza@fundeps.org

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Public hearing: “Alternative to National Route N ° 38: Costa Azul Bridge – La Cumbre – Costa Azul Section – Cosquín”.

We present a document that addresses the legal and socio-environmental foundations related to the realization of the mountain motorway. Motivated by the great concern in the design, promotion and execution of public policies related to the protection of the right to a healthy and balanced environment, commenting on the legality and convenience of the project “Alternative to National Route N ° 38: Costa Azul Bridge- The Summit – Costa Azul Section – Cosquín “.

Descargar Documento / Download File
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#WeWantToBreathe: A campaign against pollution in the Suquía River

Neighbors and neighbors of Capilla de los Remedios join the claims for contamination of the Suquía River due to the poor functioning of the Sewage Treatment Plant (WWTP). The campaign #QueremosRespirar reflects the desperate request of the inhabitants who seek that this situation be reversed immediately.

The reclamation of the neighborhood grouping, adds to the historical protest that the families of the district Chacras de la Merced have taken ahead to stop the indiscriminate contamination of the river.

On Monday, April 9, the inhabitants of Capilla de los Remedios will demonstrate in front of the Municipality of the City of Córdoba, to demand from the mayor the urgent taking of measures. Pedro Frank, a neighbor and one of the leaders of the campaign, spoke about the unsustainable nature of living around the river. Sickening odors, gastrointestinal and respiratory problems; are some of the consequences that could be attributed to pollution (an image very similar to what the neighbors describe in the Chacras de la Merced neighborhood). Pedro, said that they have been receptive to meet both the Municipal Government and the Provincial. From both sides have responded that contamination is impossible to relate directly to the plant, since it works in perfect conditions. However, during 2017, employees of EDAR were blunt when they said that the plant is under-supplied, defective and that it works less than 20%. They also mentioned that the liquid is not treated and that during the 24 hours a day it is dumped in the river.
As a result of this, the position of the government authorities, who seem not to want to see what is in front of their eyes and the eyes of all citizens, becomes incomprehensible.

This situation, which dates back to the late 1980s and to which FUNDEPS has referred on numerous occasions, seems to have no end. The escalation of pollution caused by a plant in defective conditions, has had a direct impact on the main river of the Province and has its outlet in the Laguna de Mar Chiquita. On the banks of this river settle numerous localities that today begin to see the effects of years and years of state negligence. Also, it is of special relevance to highlight the main role and responsibility of the Provincial and Municipal governments to mitigate and / or definitively remedy this situation.

What happens is public knowledge, and government authorities have not reacted in a timely manner to avoid what is happening now. At the legal level, numerous cases have been initiated and have sentences in favor of the residents of Chacras de la Merced, forcing the State to reverse the damage. After numerous requests for execution of sentence, the inaction of the Municipality is evident in the environmental risk of these days. Similarly, since 2014 the environmental and sanitary emergency has been consistently declared in the Bajo Grande WWTP and in the area located downstream, including the Chacras neighborhood, and there have been no concrete measures demonstrating the government’s willingness to assist those they are affected From FUNDEPS, we recently requested information to know the status of the latest decree declaring the health emergency. According to the testimonies of the neighbors of Chacras de la Merced, little and nothing has been done to address the situation.

Both the neighbors of Chacras de la Merced and of Capilla de los Remedios are in a situation of complete violation of their rights. We renew again the claim for a definitive solution to the pollution of the Suquía River and especially for the guarantee of the rights of those who have been affected. #We want to Breathe.

 

More information:

They will protest in front of the Municipality of Córdoba for the contamination of the Suquía
Chapel of the Remedies: neighbors denounce pollution
In Capilla de los Remedios, the river is as polluted as a sewer

Information requests for the Mitigation Plan of the Bajo Grande plant

Author:
Agustina Palencia
Contact:
María Pérez Alsina – mariaperezalsina@fundeps.org
Agustina Palencia – agustinapalencia@fundeps.org

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The Regional Agreement on Principle 10 is binding

On March 4, representatives of 24 countries of Latin America and the Caribbean meeting in San Jose, Costa Rica, adopted the first binding regional agreement to protect the rights of access to information, public participation and access to justice in environmental issues The agreement adopted the character of binding, becoming an unprecedented legal instrument for the region. It was approved without reservation of the States and will require 11 ratifications for its 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”.

At the end of the Ninth Meeting of the Negotiating Committee of the Regional Agreement on Principle 10, government delegates, together with representatives of the public and experts from international organizations, agreed on the final text of the agreement. This text was negotiated since 2014, and it also enshrined the protection of human rights defenders in environmental matters.

A little history…

In June 2012, in the framework of the United Nations Conference on Sustainable Development, Rio + 20, ten countries signed the Declaration on the application of Principle 10 of the Rio Declaration on Environment and Development in Latin America and the Caribbean (the Declaration). This, recognized that the rights of access to information, participation and justice in environmental matters are essential for the promotion of sustainable development, democracy and a healthy environment. In addition, the Declaration committed signatories to explore the viability of a regional instrument to ensure the full implementation of access rights.

After two years of work, in November 2014 the signatory countries decided to start negotiating a Regional Agreement. A Negotiation Committee was created, which was formed by the signatory countries.

What is principle 10?

Principle 10 of the Rio Declaration seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters. This, in order to guarantee the right to a healthy and sustainable environment for present and future generations. The Declaration of Principle 10 is a major step forward in the region for stronger environmental governance.

Negotiations for the Agreement

The purpose of the negotiations for the Agreement was to deepen Latin American democracies, social cohesion, generate confidence in the decisions adopted, eliminate asymmetries and prevent socio-environmental conflicts. The aspiration of this treaty was to achieve a redefinition in the traditional relations of the State, the market and societies. It also sought to contribute to the implementation of the 2030 Agenda for Sustainable Development.

In 2015, with the first meeting of the Negotiating Committee for the Agreement, and after eight subsequent meetings; the representatives of the nations of Latin America managed to conclude the definitive text of the treaty that will adopt a binding character. The process of hard government work and civil society organizations, resulted in an instrument that improves the standards of access to information, participation and access to justice in environmental matters. The fact that it is binding speaks of a new level of commitment assumed by the governments of the region and guarantees the protection of environmental defenders.

Along the way to reach the Regional Agreement, civil society played a very important role in terms of recommendations for the final text. It was before the eighth meeting (held at the end of 2017), when the civil society organizations expressed their concern about the progress of the negotiations and demanded from the governments a greater commitment to effectively guarantee the rights under discussion. The security situation for environmental defenders became a turning point to demand that the agreement be transformed into a legally binding instrument capable of reversing this situation.

The ninth and last meeting…

As mentioned, the Ninth Meeting for the Negotiation of the Regional Agreement was the last and resulted in the adoption of a final text and in the realization of a binding instrument. In that sense, it became a tool at the regional level that will serve for the protection of environmental defenders and their rights. This is extremely important since one of the main causes of socio-environmental conflicts in Latin America and the Caribbean is the lack of environmental information. Likewise, one of the main consequences of these conflicts is violence, persecution and assassination of environmental defenders. This Agreement then comes to fulfill the first mandate of the negotiations: “Prevent socio-environmental conflicts”.

Other important elements to be included in the Agreement were highlighted before this meeting. One of them was to strengthen the definitions that were still pending such as rights of access, authority and fundamentally that of environmental defenders. Another necessary issue was to define what includes access to environmental information (included in article 2, Inc. c). It is important that the instrument include a broad definition with a list of elements that constitute this type of information (enshrined in Article 6 of the final text). Similarly, with the definition of people and / or groups in vulnerable situations (enshrined in Article 2, Inc. e of the final text). Finally, another relevant point was to include the participation of the public in the structure of what the implementation of the Agreement will be like the Conference of the Parties and the Facilitation and Follow-up Committee. This last element was reflected in article 15, urging the Conference of Parties to define the modalities of public participation (however, public participation is not included as the structure of the Conference). The text of the treaty states that the Agreement will be open for signature by all the countries of Latin America and the Caribbean at the United Nations Headquarters in New York from September 27, 2018 to September 26, 2020. Likewise, It will be subject to ratification, acceptance or approval by the States that have signed it. The ratification of 11 nations will be needed for its entry into force.

The result of the negotiations will allow countries to commit themselves to implement this agreement in their respective territories in a concrete manner. With an agreement without the binding nature that obliges States to implement this Agreement, the rights of access to information, participation and justice would not be assured with certainty.

We celebrate the evolution of this process, highlighting the importance of this agreement to achieve better and more solid democracies. Likewise, we consider that a large part of the environmental problems of the region (related to extractive industries and large infrastructure projects) may find a solution after the implementation of this Regional Agreement.

Más información

Authors

Agustina Palencia

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

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Advisory Opinion of the IACHR on the environment and human rights

Following a request made by the State of Colombia on March 14, 2016, for the first time the Inter-American Court developed the content of the right to a healthy environment in its Advisory Opinion OC-23/17 on “Environment and Human Rights”, notified on February 7.

“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 this document the Court recognized “the undeniable relationship between the protection of the environment and the realization of other human rights“, highlighting the interdependence and indivisibility that exists between human rights, the environment and sustainable development. Therefore, it understands that all rights are vulnerable to environmental degradation, and its full enjoyment depends on an appropriate environment.

In the inter-American human rights system, the right to a healthy environment is expressly enshrined in Article 11 of the Protocol of San Salvador, which establishes the right of everyone to live in a healthy environment and to have basic public services, and the consequent obligation of the States to promote the protection, preservation and improvement of the environment.

In addition, this right is also considered included among the economic, social and cultural rights protected by Article 26 of the American Convention.

The Court clarified that “the human right to a healthy environment has been understood as a right with both individual and collective connotations. In its collective dimension, [..] constitutes a universal interest, which is due both to present and future generations. However, […] it also has an individual dimension, insofar as its violation can have direct or indirect repercussions on people due to its connection with other rights, such as the right to health, personal integrity or life, among others. The degradation of the environment can cause irreparable damage to human beings, so a healthy environment is a fundamental right for the existence of humanity.”

The Advisory Opinion also determined the state obligations for the protection of the environment.

With respect to jurisdiction, States must respect and guarantee the human rights of all people and this may mean, depending on the case in particular and exceptionally, situations that go beyond their territorial limits. In the same sense, States have an obligation to avoid transboundary damage.

In particular, in order to respect and guarantee the rights to life and integrity, it determined that States must comply with the following obligations and principles:

Obligation of prevention: means to prevent significant environmental damage, inside or outside its territory, which implies that they must regulate, supervise and supervise the activities under their jurisdiction, carry out environmental impact studies, establish contingency plans and mitigate the damage that has occurred;

Principle of precaution: States must act in accordance with the precautionary principle against possible serious or irreversible damage to the environment that affects the rights to life and personal integrity, even in the absence of scientific certainty;

Obligation of cooperation: involves cooperation with other States in good faith for protection against significant environmental damage. From this are derived:

  • The obligation to notify potentially affected States of possible significant environmental damage caused by activities carried out under their jurisdiction;
  • The duty to consult and negotiate with the potentially affected States;
  • The duty to ensure the exchange of information between States;

Procedural Obligations: These are obligations that support a better formulation of environmental policies. Among them, States have to ensure:

  • Access to information: guarantee access to information on possible effects on the environment;
  • Public participation: guarantee the right to public participation of people, in making decisions and policies that may affect the environment.
  • Access to justice: guarantee access to justice, in relation to state obligations for the protection of the environment.

It is remarkable that the IACHR determines the content and scope of the procedural obligations, since they are in line with the provisions of Principle 10 of the Rio Declaration on Environment and Development. This principle seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters, in order to guarantee the right to a healthy and sustainable environment for present and future generations. In this sense, FUNDEPS, together with several civil society organizations, actively participates in the negotiation process to obtain a Regional Agreement on Principle 10, considering that its concretion will allow strengthening capacities to deal with environmental challenges in the region. .

This Advisory Opinion arose because of Colombia’s concern regarding the “risk” that new major infrastructure projects will seriously affect the marine environment in the region. Everything provided by the Court will allow Colombia to continue advancing in the effective protection of the environment in the Greater Caribbean and the rights and interests of Colombians.

Beyond the effects that the document may have for the State that requested the Opinion, we understand that it constitutes a significant advance in terms of environmental protection for all American States, as it provides interpretative guidelines and completes the sense of the rights contained in the Covenant.

More information

– See the full resolution

Author

Mayca Balaguer, maycabalaguer@fundeps.org

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Towards a regional agreement on environmental human rights

“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 2015, negotiations began on the regional agreement on access to information, participation and justice in environmental matters. From that moment on, meetings of the Negotiating Committee took place, in which the text proposals of the countries regarding the preliminary document of the regional agreement were discussed, reviewed and approved. This document consists of a preamble and twenty-five articles.

This process was initiated at the United Nations Conference on Sustainable Development (Rio + 20) in 2012, with the Declaration on the Application of Principle 10 of the Rio Declaration on Environment and Development. In November 2014, the countries approved the Santiago Decision, through which they began the negotiation of a regional instrument on access to information, public participation and access to justice in environmental matters in Latin America and the Caribbean. . This, with significant public participation and the support of ECLAC, in its capacity as Technical Secretariat. The Declaration currently has 24 signatory countries, with the recent incorporation of Saint Lucia and is open to the accession of all the countries of Latin America and the Caribbean.

In the Seventh Meeting of the Committee, held in Buenos Aires from July 31 to August 4, 2017, the articles on Access to Information and Public Participation (6th, 7th and 8th) were agreed upon. However, representatives of society were quick to show their concern about the serious setback in the progress of the negotiations. After this seventh meeting, civil society made the following recommendations to be able to guarantee the correctness of the negotiations:

1. The participation of the UN and IACHR rapporteurs related to these rights, since the standards of the Inter-American Human Rights System on the rights of access to information, participation and environmental justice could be weakened by the agreements to which they are arriving in the negotiations of Principle 10.

2. The evaluation by governments and ECLAC of the degree of progress and regressivity of the text that has been negotiated so far between the countries, since standards achieved at the national level in some countries and at the regional level have been reduced.

3. Link the Regional Agreement of Principle 10 and the 2030 Agenda, so that there is integration and coordination of both initiatives. Therefore, it is necessary that there are reports of compliance with the SDGs in our countries where information related to actions for the better implementation of Principle 10 is included.

4. Do not go back on the regime of exceptions that has been introduced into the text, which allows States more possibilities to deny information to citizens, but to guarantee the dissemination of the greatest amount of environmental information, such as pollutant emissions and studies. of environmental impact. In addition, recognize indigenous monitoring and monitoring, as a form of legitimate participation, an indispensable preventive measure to avoid environmental damage. Also, recognize the broad active legitimacy, which allows any person or group access to justice to protect the environment.

5. Include in the text, the duty of the states to GUARANTEE the rights of access to information, participation and environmental justice, and not use verbs such as “facilitate, promote and encourage”, thus contravening the current standards of rights humans.

6. A Regional Agreement on Principle 10 that is BINDING, that clearly incorporates the intercultural and gender approach in favor of vulnerable populations, especially indigenous peoples, and human rights defenders, in recognition of the reality of violence that they are facing in our countries of Latin America and the Caribbean.

In this regard, at the opening of the eighth meeting, Andrea Sanhueza elected representative of the public, said: “We have reached a turning point. This is the last opportunity to amend the course and return to the original spirit of the process. We can not allow environmental and social rights to remain the poor relatives of sustainable development. That is also why the agreement must ensure the protection of environmental defenders.”

Finally, that was one of the main results of the meeting, as the countries agreed to consecrate the protection of people who fight for the defense of human rights in environmental matters in the future regional agreement.

This means that the signatory countries were obliged to guarantee the recognition, protection and promotion of their rights to freedom of opinion, freedom of assembly, peaceful association, freedom of movement and the free exercise of their rights. The situation of defenders Environmental impacts in Latin America have been getting worse as the years have gone by. During 2016, more than 200 environmental defenders lost their lives in an effort to demand their rights violated. 60% of these cases were registered in the Latin American region. The fact that during the last negotiations of the Regional Agreement, it has been possible to incorporate an article that protects these people, is fundamental when it comes to advancing towards the effective guarantee of Human Rights.

At the meeting, other important advances were made on the final text of the regional instrument. Among them were articles on access to justice in environmental matters, and on capacity building and cooperation, and also approved most of the general obligations.

In addition, the main objective of the Agreement was approved, which seeks to “guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in decision making and access to justice in environmental matters. , as well as the creation and strengthening of capacities and cooperation, contributing to the protection of the right of each person and of present and future generations to live in a healthy environment and sustainable development “.

On the occasion of the meeting, experts from the UN issued a communiqué urging governments to adopt a firm agreement on environmental rights. “It is crucial that the governments of the region act in solidarity and accept legally binding norms to protect human rights and the environment,” they said.

At the end of the eighth meeting, the participants recognized the significant consensus and definitions reached on the text compiled by the Board of Directors in this week of negotiations and agreed to continue with the discussion of the articles still pending from the legal document (11 to 25) during the following meeting, which will be held in the first quarter of 2018 in San José, Costa Rica.

More information

– Pronouncement of civil society organizations

– Press release from the Office of the United Nations High Commissioner for Human Rights

– Message from the elected representatives of the public – Principle 10

Authors

Noelia Salvia

Agustina Palencia

Contact

María Perez Alsina <mariaperezalsina@fundeps.org>

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Complaint for illegal environmental activities in Alta Gracia

“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”

 

Last Thursday, October 19, we made a presentation to the Environmental Police Department denouncing alleged illegal activities developed in the Potrerillo de Larreta Country Club located in the city of Alta Gracia. Apparently, during the last weeks of September and the first weeks of October, large-scale geomorphological injury actions were carried out in the country inn sector in the “Los Paredones” stream; consisting of dredging, deepening and expansion of the reservoir in order to increase the exploitation of the water of the stream by the Country.

They signify a clear violation of the provincial environmental policy law, since in order to carry out this type of works it is necessary to previously complete the Environmental Impact Assessment (EIA) process, foreseen in Annex I, subsection 31 of Law 10.208 , which includes the holding of public hearings prior to the granting of the corresponding environmental license, a procedure that has not been completed in this case.

It is worth remembering that since 2012 the Potrerillo de Larreta Country Club has been involved in a judicial process against the province of Córdoba, for the enclosure of almost 4 km of the same stream restricting free transit to third parties and the use of it by the entire community, mainly alleging security reasons. In this instance, together with the collective “Todos por Nuestros Arroyos” we present an Amicus Curiae invoking the character of public good of the stream and the illegitimacy of the fences, finding the next cause to issue a sentence.

Without prejudice to this, the illicit actions continue and are part of a long-standing problem in Alta Gracia that involves particular interests to the detriment of the fundamental rights of all inhabitants. The enclosure of rivers, streams and lakes of provincial dominion by the owners of the estates adjacent to them, constitutes a clear illegitimate act that violates, among others, the right to free transit, the use, enjoyment and use of public domain waters and the constitutionally recognized human right of access to water.

From FUNDEPS we made this presentation hoping to contribute to an adequate protection of the environment as a collective good and to guarantee the respect of rights of collective incidence over individual rights.

More information

Presentation to protect the environment against individual interests in Alta Gracia | FUNDEPS

Author

Noelia Salvia

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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Supreme Court confirms Ituzaingó ruling: agrochemicals SI make us sick

“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”

 

One of the major socio-environmental conflicts facing the province of Cordoba due to the expansion of the agricultural frontier is the application and irregular use of agrochemicals in fields close to homes, neighborhoods, schools or other human settlements. constitutes a great risk to the health of the exposed communities.

A case in point of affecting the human right to a healthy environment and health is that of neighbors and neighbors of Barrio Ituzaingó Anexo, who have been demanding respect for their rights for more than ten years. This neighborhood is located southeast of the City of Cordoba, bordering the north with an industrial zone and bordering with rural areas to the north, east and south. There are approximately 5000 people, who live in 1200 houses in 30 blocks.

In March 2002, it was the first time that a group of mothers worried about the health situation in the neighborhood began to complain to the authorities for the analysis of diseases and possible contaminants. This process of struggle that began since then was carried out by the group “Madres de Barrio Ituzaingó.

Although the process was long, as a result of the social struggle, neighbors and neighbors gained access to potable water through running water, building the Primary Health Care Unit, creating the Provincial Registry of Tumors and thus also achieved normative advances in environmental matters. In this last aspect, municipal ordinances were issued that established the “sanitary and environmental emergency” and prohibited aerial and terrestrial fumigations to less than 2,500 meters of any dwelling or group of dwellings), that finally resulted in the prohibition of fumigations throughout the ejido of the city (ordinances n ° 10505/2002, 10589/2003, 10590/2003).

The judicial process began in 2008 when neighbors made complaints denouncing the existence of diseases, abortions and malformations attributed to the fumigations that were carried out in the fields adjacent to their homes. After a lengthy judicial process, in August 2012 the First Criminal Chamber issued an unprecedented ruling on environmental pollution due to the use of pesticides in urban areas, condemning a producer and an agroaplicor pilot. On September 12, the Supreme Court of Justice was issued regarding the complaint filed by the defendants, rejecting the request and confirming the decision of the Crime Chamber.

We welcome the resolution issued by the Argentine Supreme Court and set a precedent for similar cases in which communities are violated their fundamental rights by the irregular application of agrochemicals. In this context, we also consider it necessary to comply with local regulations that have created zones of environmental protection and restrictions on the use of agrochemicals (such as Alta Gracia in which we work). Along these lines, we support the establishment of a national law on minimum environmental budgets, referring to the regulation of distances for the application of agrochemicals guided by the precautionary principle, which will establish a reference framework that will safeguard the fundamental rights to the environment and health.

More information

 – Public Health Driven by Agribusiness | El Entramado

Contact

 Male Martinez Espeche, malemartinez@fundeps.org

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Amicus curiae in the process of guardianship of the Great Marsh of Santa Marta (Colombia)

“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”

 

We made a presentation before the Constitutional Court of Colombia to bring to the court legal arguments about the obligation of the state of the protection of the Great Marsh of Santa Marta. This Ciénaga is a deltaic system of wetlands located to the north of Colombia and is considered one of the most productive ecosystems of the Caribbean for its important hydrological and ecological characteristics. Despite their protected status, the Ciénaga and the fishermen who inhabit it have suffered for years the significant decrease in freshwater that feeds the ecoregion and the inadequate handling of soils and water basins. The deterioration of the Ciénaga is due to a structural crisis that has not been properly addressed by the different entities with competence in the area.

Faced with violations of fundamental rights, environmental degradation and the inaction of the competent authorities, on November 10, 2016, two inhabitants of the Palafitic peoples who live in the Ciénaga filed a protection action in coordination with Dejusticia. The action was filed against 26 public entities of the Colombian national and local order, as well as against private companies. The guardianship action focuses on three issues. The first of these consists of the excessive use of the water sources and the lands of the swamp by the agroindustry and the omission in the duty of control by the authorities. They have built dykes, dried up terrain, diverted rivers, but the response of the authorities has been insufficient. The second, addresses the lack of proper maintenance and dredging of rivers and streams that feed freshwater to the marsh. Although millions of contracts have been signed to carry out these activities, few results are visible. Finally, the tutelage warns about the infrastructure projects that are planned to be built on the ecoregion.

The 25 of November of 2016 the guardianship was admitted, the judge of first instance denied the action alleging its improbency. It was considered that, although the great deterioration of the Cienaga was evident, this situation had been attended through a popular action previously promoted by another citizen. This decision was contested and the ruling was confirmed in second instance on February 16, 2017 by the Civil and Agrarian Cassation Chamber of the Supreme Court of Justice of Colombia. In April of this year the case reaches the Constitutional Court of Colombia. In this instance we present an amicus curiae (Latin expression that refers to a friend of the court or friend of the court). The latter is a presentation made by a third party outside the litigation, where they voluntarily offer legal and / or technical arguments to collaborate with the court before the sentence.

We consider that the case requires a structural response, in which the different entities with competence over the region participate and dialogue, always guaranteeing the participation of the communities. We believe that this is an ideal case to carry forward a model of dialogic justice in Colombia, to seek a structural solution to the problem, to hold public hearings where all parties involved have the possibility of being heard and that control is carried out active by the State. Similar statements have been made in cases in which we have been working as in the situation of contamination of the treatment plant for liquid effluent from the Bajo Grande WWTP or in the conflict over the operation of the Porta plant.

Wetlands are an important food, shelter and breeding site for a wide variety of wild species, and their protection and conservation are of particular importance. In addition, there are numerous international treaties that require active policies to protect the environment and the communities that live there. The Constitutional Court has the opportunity to establish clear guidelines regarding the protection of the human right to a healthy environment for a site of key environmental importance, as well as for vulnerable populations. In this sense, it is necessary that the Court and civil society follow up judiciously and permanently to the orders that are given in the sentence to verify the situation of the affected communities.

We support and promote the initiatives of participation of all the actors in the structural processes of modification of public policies.

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Dejusticia

More information

Constitutional Court has last word to save Big Marsh of Santa Marta | Dejusticia

Contact

Victoria Gerbaldo – victoriagerbaldo@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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Amicus curiae has been presented before the Constitutional Court of Colombia in the process of guardianship of the Ciénaga Grande de Santa Marta – September 2017

The fundamentals of the amicus seek to prove violations of fundamental rights, environmental degradation and the inaction of the competent authorities. We consider that the case requires a structural response, in which the different entities with competence over the region participate and dialogue, always guaranteeing the participation of the communities. We believe that this is a case for ideal to carry out a model of dialogical justice in Colombia, to look for a structural solution to the problem, to carry out public hearings where all the parties involved have the possibility to be heard and to carry out a control active by the State.

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One of lime and one of sand in the case against Porta Hnos.

“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 Monday, August 7, we attended the public hearing convened by Federal Court No. 3 by Dr. Hugo Vaca Narvaja in the amparo promoted by neighbors Barrio Ne Antonio and Inaudi against the Ministry of Energy and Mining of the Nation And the company Porta Hnos. They had the opportunity to speak on behalf of the Public Prosecutor’s Office representing the interests of children and the State Attorney’s Office.

The amparo involving more than 25 neighbors and residents of San Antonio and other people of the Citizens’ Assembly “NEIGHBORHOODS IN DEFENSE OF A HEALTHY ENVIRONMENT – VUDAS” was filed against the Ministry of Energy and Mining of the Nation Of Hydrocarbon Resources) requesting the closure and final closure of the bioethanol plant of Porta Hnos SA They base their claim by stating that the company does not have the legal authorization to prepare biofuel (bioethanol) which should have been granted by the said secretariat and for not having concluded, prior to its entry into operation, the Environmental Impact Assessment process. Subsidiarily, amparists request the cessation of environmental pollution that the activity produces and irreparably affects the environment and the health of neighbors.

It is inexplicable the absence by the State in its different levels of government: national, provincial and municipal, both at the time of urban planning, to ensure compliance with current environmental standards and at the public hearing to listen to the parties and express Your position. But more inexplicable is that it was not the first time. At the end of April of 2015 the local group came to be chained in the headquarters of the Municipality of Cordova to obtain an audience with the intendant Ramón Mestre. They were forced to extreme acts to fulfill their right to be heard and to go to the authorities. Again an absent state.

But not everything has been unfortunate. We had the opportunity to accompany neighbors in this unprecedented audience for Cordoba. Initially, a conciliation hearing was scheduled under the federal law with the characteristic that it was going to be public. The judge then changed the character of the hearing to an information type imitating the proceedings of the Supreme Court of Justice of the Nation in the “Mendoza” case on environmental pollution of the Matanza – Riachuelo River. Having even arranged a mechanism for the participation of third persons, from FUNDEPS we register to take the floor. Finally, between roosters and midnight the judge again changed the character of the hearing to a conciliation so we could only participate as a public.

We emphasize the need to guarantee the right to information, participation and dialogue between the parties involved with the authorities with competence in urban planning, environmental territorial management, control of anthropic activities, setting and control of standards and norms. We also emphasize the importance of taking into account the hazards of this type of industry in light of the precautionary principle and prevention that governs environmental matters (article 4 LGA), because it is located in a residential neighborhood.

At the hearing, where the judge had broad powers to direct it, neighbors had the opportunity to tell the before and after that involved the installation and expansion of the company Porta Hnos and the consequences it brought in its health and quality of life. Then the lawyers, the Public Ministry of Defense and the Prosecutor’s Office were given the floor for fifteen minutes. We consider this instance to be very valuable as it strengthens transparency, citizen participation and public dissemination of this socio-environmental conflict antecedent to Cordoba as the possibility given by the Court to the neighbors.

We believe that it is important to emphasize in these cases the role of the judges in order to guarantee the fundamental rights of present generations and future generations. This is an ideal case to carry out a model of dialogic justice, to seek a structural solution to the conflict, through. The court has the opportunity to establish clear judicial guidelines that address the protection of fundamental rights, such as the human right to a healthy environment, to the health and life of the neighbors of Barrio San Antonio and Inaudi. We trust that this instance allows the claim of neighbors to be effectively heard and that the State, at its different levels, recognize, investigate and solve a complex socio-environmental situation.

Author
Victoria Gerbaldo, <victoriagerbaldo@fundeps.org>
Contact
Juan Carballo, <juanmcarballo@fundeps.org>
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Argentina hosts the 7th Meeting of Negotiation of the Regional Agreement on Principle 10

“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”

July 31 was the first day of meeting in which governmental authorities from 24 countries in Latin America and the Caribbean, international experts and representatives of civil society resumed negotiations on the regional agreement on Principle 10.

The event was inaugurated by representatives of the government of Argentina, representatives of the public, the Deputy Minister of Environment of Costa Rica – a country that co-chairs the process with the government of Chile – and the Director of the Division of Sustainable Development and Human Settlements of ECLAC .

We emphasize that, from the Argentine government, the Minister of Foreign Affairs and Worship, Jorge Faurie said that “Argentina supports this initiative and invites all countries of Latin America and the Caribbean to join this process of negotiation so that, With the collaboration of each one – States parties and civil society -, an agreement will be reached that will benefit the region and all its inhabitants.” We welcome the words expressed by the representative of Argentina as he affirms the need to work together with representatives of civil society and to concretize this agreement whose process began in 2012.

In addition, public representatives – Andrés Napoli and Danielle – pointed out that “effective access to environmental information, participation and justice is essential for democracy and natural resource governance, and characterized as solid the process and negotiations reached until the moment.”

This seventh negotiating meeting is scheduled to discuss capacity building for the implementation of the future agreement (Article 10), national actions undertaken by countries signatory to the Declaration on the implementation of Principle 10 and activities carried out by the Technical Secretariat; And the continuation of pending negotiations between them, the administrative, financial and budgetary implications (articles 11 to 25).

As representatives of civil society, we believe that the adoption of a regional agreement, which establishes essential standards in access rights, will strengthen capacities to deal with environmental challenges in the region, and will provide greater equality and environmental sustainability for Latin America and the Caribbean. Caribbean.

Follow the meeting live

More information

– We support the declaration of Principle 10 and the objectives of sustainable development | FUNDEPS

– Seventh Meeting of the Negotiating Committee | Principle 10

Contact

Male Martínez

malemartinez@fundeps.org