Tag Archive for: Principle 10

On October 3, the national government presented the National Plan for the Implementation of the Escazú Agreement. This regional treaty was approved by Argentina in 2020 and seeks to implement the rights of access to environmental information, public participation in environmental decision-making, access to Justice and the protection of human rights defenders in environmental matters.

“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 Secretary of Climate Change and Sustainable Development and Innovation of the Nation was appointed to advance towards the implementation of the Escazú Agreement in Argentina. This tour was designed in two stages: the first, aimed at carrying out a diagnosis to determine the status of compliance with the Agreement in our country, from which recommendations emerged: and the second was focused on designing the Plan. For this, a public consultation, collaborative virtual and in-person meetings, regional dialogue tables and a proposal box were carried out. In total, 533 contributions were received from citizens in the design of the Plan and the majority (65%) of the people who participated were women. At Fundeps we accompany this entire process by providing contributions in the different participatory instances.

The Plan is structured into 6 axes: access to public environmental information, public participation in environmental decision-making, access to justice in environmental matters, human rights defenders in environmental issues, capacity building, governance system for the execution and monitoring of the implementation of the Agreement. Objectives and indicators are also established, which are very important for evaluating progress in implementation. The execution of the Plan will be over a period of 3 years and will be in charge of the National Executive Branch.

The process of creating the Plan was an open, participatory and transparent process, focused on ensuring citizen participation and building the necessary consensus to address the needs of the communities and make the Agreement effective. We celebrate the presentation of this Plan, which represents a milestone towards the consolidation of the application of the Escazú Agreement in Argentina and provides concrete tools to facilitate its implementation. Now we urge the national state and the provinces to implement its implementation and citizens to demand its effective application to achieve the ultimate goal of the Escazú Agreement: compliance with the right to a healthy environment.

 

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Author

Manuela Fernández Grassani 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

During September 26, 27, 28 and 29 we were participating in different activities linked to the Second Annual Forum on Human Rights Defenders in Environmental Issues in Latin America and the Caribbean. This Forum is organized by ECLAC in its role as Secretariat of the Escazú Agreement.

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

Latin America and the Caribbean continues to be the most dangerous area in the world to carry out environmental defense. Last year, 177 environmental defenders were murdered and 88% of the homicides occurred in Latin America. That is why States must make more and better efforts to guarantee security and provide a safe environment for the development of this task.

Let us remember that the Agreement on Access to Information, Public Participation and Access to Justice – known as the Escazú Agreement is the first regional environmental treaty in the world to contain specific provisions for the protection of defenders. Specifically, Article 9 provides that States must guarantee a safe and enabling environment in which individuals, groups and organizations that promote and defend human rights in environmental matters can act without threats, restrictions and insecurity.

In this context, together with indigenous communities and defenders from across the region, we met in Panama to provide input on the proposed draft of the Regional Action Plan on Defenders that will be presented next year at the next meeting of the Conference of the Parties (COP 3). This is a true opportunity to impact environmental issues that affect our region.

The Escazú Agreement is the first treaty in the world that has open and horizontal dialogue spaces. These participatory processes are a true tool for the collective construction of public policies.

The main demand from the communities is the urgent ratification of the Agreement by all the states in the region. On the other hand, the violence that groups and people who protect the environment continually experience were exposed, even more so in the context of climate change. In this sense, it is essential to pay special attention to situations of human rights violations in the context of extractive processes linked to the energy transition.

On the other hand, the main request was for the transversal incorporation of a gender and intercultural perspective into the Plan, giving specific recognition to indigenous communities, who have historically been guardians of our common goods.

We hope that more states in the region will ratify the Agreement in the short term and that the claims that were reiterated by the communities will be considered and included in the Plan.

 

More Information

Resource on Escazú Agreement | Fundeps

 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

The public consultation on the action plan proposal on human rights defenders in environmental matters is open until July 6, within the framework of the Escazú Agreement. This plan will establish the priority actions and works to be developed at the regional level to advance towards the full and effective implementation of Article 9 of the Agreement.

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

Within the framework of the implementation of the Escazú Agreement, at the 1st Conference of the Parties (COP1) in 2022, the countries agreed to create an open-ended ad hoc working group on human rights defenders in environmental matters. This group currently performs its function within the framework of the Economic Commission for Latin America and the Caribbean (ECLAC) under the leadership and coordination of Chile, Ecuador and Saint Kitts and Nevis. Its main task is the preparation of an action plan to be presented at the second regular meeting of the COP for its consideration and approval in 2024. This document, in the preparation stages, is receiving comments and is undergoing a consultation process. with civil society and the public in which all interested persons can participate.

Let us remember that the Escazú Agreement is the first regional environmental treaty in Latin America and the Caribbean and the first in the world to contain specific provisions for the protection of human rights defenders in environmental matters. In particular, Article 9 of the Agreement establishes that “each Party shall guarantee a safe and favorable environment in which individuals, groups, and organizations that promote and defend human rights in environmental matters can act without threats, restrictions, and insecurity. In addition, each Party must take appropriate and effective measures to recognize, protect, and promote their rights, as well as appropriate, effective, and timely measures to prevent, investigate, and punish attacks, threats, or intimidation that they may suffer in the exercise of their rights. of the Agreement”.

Human rights defenders in environmental matters are understood to be any person who defends the right to a safe and healthy environment, the right to land and the rights of indigenous peoples. This poses a great risk, especially in Latin America, where there are daily cases of physical attacks, threats, intimidation, stigmatization and smear campaigns, as well as specific attacks on women defenders of the environment because of their gender.

In this context, a preliminary proposal for the Annotated Index of the Action Plan is in public consultation, which is carried out through a survey, whose objective is to record the comments and observations of the public on the proposed index. This survey facilitates the systematization of all the proposals received, as well as their subsequent review and analysis. You have time to participate until July 6 at 11:59 p.m.

The participation of the public in this process is fundamental, since this plan will establish the priority, specific and strategic actions and works to be developed at the regional level to advance towards the full and effective implementation of Article 9 of the Escazú Agreement.

 

ACCESS SURVEY

 

Author
Ananda Lavayen

Contact
Maria Laura Carrizo, lauracarrizo@fundeps.org

On May 23, we were at the presentation of the 5th National Open Government Plan, a public policy instrument co-created with civil society and citizens that contains 7 open government commitments to be implemented by different agencies of the national state. We shared the panel with Delfina Pérez from the National Directorate of Open Government, Andrés Bertona from the Anti-Corruption Office and Florencia Caffarone from Democracia en Red.

“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 current Plan was co-created in 2022, from the National Open Government Table, in dialogue with the Network of Civil Society Organizations for the Open State and the rest of the citizens who participated in this process. From Fundeps we are part of the National Open Government Board (2020 – 2022) and from that space we contributed to the co-creation of the 5th Plan, articulating between the National Open Government Directorate and different organizations that were involved in it.

This Action Plan is part of the obligations assumed by Argentina before the Alliance for Open Government, which it joined in 2012. Since then, and every two years, the country co-creates and implements different policies and concrete commitments in this scope.

How was the process of co-creation of the 5th Open Government Plan?

For the first time, and in order to guarantee equal participation among all people located in different parts of the country, this Plan was co-created in its entirety virtually, through meeting platforms, the website argentina.gob.ar and its Public Consultation portal. In turn, within the National Open Government Roundtable, and following the recommendations of the Participation and Co-Creation Standards (2022) of the Open Government Alliance, it was agreed to design a Plan with a maximum of 10 commitments.

For this, a prioritization of topics was carried out in consultation with the Network of CSOs for the Open State. The selected topics were: Environment and implementation of the Escazú Agreement; Public work; Gender and Care Policies; Mental health; Open State and Federalization; Water and Sanitation in the AMBA; Information about health providers; Food and implementation of the Law for the Promotion of Healthy Eating (known as the Frontal Labeling Law). Not all, however, concluded in commitments of the Plan, for various reasons. Especially, and in terms of the implementation of the Law for the Promotion of Healthy Eating, from Fundeps we will continue contributing to the construction of proposals that contribute to the application of said law.

After this, the public instances for the design of the 5th Plan began in August 2022, with a series of Challenge Identification Workshops, for each of the pre-selected topics. Their objective was to jointly identify the challenges that the 5th Plan could respond to. Then, in October, the public instance for the reception of proposals was opened, with the slogan that open government policy solutions be suggested, which can respond to those challenges posed. With these inputs, each government area involved drew up its preliminary commitment drafting, which was submitted to public consultation for comments. At the same time, a dialogue instance was developed for each topic – commitment and finally the final writing was carried out.

What does the 5th Open Government Plan consist of?

The current Plan consists of 7 commitments assumed by different departments of the national government.

Compromiso Dependencia a cargo
1. Participación pública en la toma de decisiones ambientales en el marco de la implementación del Acuerdo de Escazú en Argentina Secretaría de Cambio Climático, Desarrollo Sostenible e Innovación – Ministerio de Ambiente y Desarrollo Sostenible de la Nación
2. Participación y control ciudadano en la obra pública Dirección Nacional de Transparencia – Ministerio de Obras Públicas de la Nación
3. Mujeres en el sistema productivo federal: más evidencia, menos brecha Dirección Nacional de Seguimiento y Evaluación de la Gestión, Secretaría de Industria y Desarrollo Productivo – Ministerio de Economía
4. Salud Mental: desinstitucionalización e inclusión social de personas con padecimiento mental Dirección Nacional de Abordaje Integral de la Salud Mental y los Consumos Problemáticos –

Ministerio de Salud de la Nación

5. Acceso a la información y políticas de cuidados Dirección de Mapeo Federal de Cuidado – Ministerio de las Mujeres, Géneros y Diversidad de la Nación
6. El acceso a la información y los prestadores de servicios de salud Dirección Nacional de Calidad en Servicios de Salud y Regulación Sanitaria – Ministerio de Salud de la Nación
7. Programa Federal de Estado Abierto  Dirección Nacional de Gobierno Abierto – Jefatura de Gabinete de Ministros

Dirección de Asuntos Municipales – Ministerio del Interior

Here you can access the details of each of them, from page 37 onwards.

What can citizens and civil society organizations do with the 5th Plan?

Once the Open Government Plan has been designed, the objective is to implement it, in this case, during 2023 and 2024. To this end, any interested person or civil society organization can get involved, either by following up on each stage of its implementation or by participating more actively, when the commitments allow it, in some phases of its fulfillment. In this sense, at least one instance of open dialogue with civil society and citizens interested in the issues addressed was foreseen for each commitment, and the platform Metas de seguimiento del Plan was developed. This seeks to facilitate and energize this implementation instance, which, according to previous experience, is always the most difficult when it comes to articulating and sustaining incentives.

As an organization committed to open government policies and several of the issues addressed in this Plan, we will closely follow and accompany each instance of progress and will be alert to signs of stagnation or setbacks.

It seems to us a great shared achievement, among different organizations that were part of the National Open Government Roundtable, such as the Network of Civil Society Organizations for the Open State, activists and open government policy reformers, that Argentina continues to challenge itself with each new Open Government National Action Plan.

 

More information

Read about the 5th National Open Government Plan of Action here

Watch the presentation of the 5th Open Government National Plan of Action here

 

Contact

María Victoria Sibilla, ninasibilla@fundeps.org

On April 19, 20 and 21, we participated in Buenos Aires in the Second Conference of the Parties to the Escazú Agreement (COP2), of an extraordinary nature. The main objective was to elect the first members of the Support Committee for the Application and Compliance of the treaty, a body that will accompany the countries in the implementation of the Agreement.

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

During those days, continuity was given to the work that had begun a year ago at COP1 in Santiago de Chile, where it was agreed to hold the extraordinary meeting of 2023 in order to reach certain “agreements” between the member countries that allow the effective application from Escazú as soon as possible. In this sense, different discussions took place around the existing challenges to strengthen access to information, public participation and access to justice in environmental matters.

The official Conference was held in the rooms of the Hotel Libertador and in parallel there were also a series of talks, workshops and meetings organized by the Ministry of the Environment and Sustainable Development of the Nation in conjunction with civil society organizations. civil. The parallel events were enriching since there were exchanges of experiences, knowledge and knowledge regarding the implementation of the Agreement in the different countries.

On the second day of the COP, the Economic Commission for Latin America and the Caribbean (ECLAC) presented the Implementation Guide, which provides information, guidance and different options for States to carry out the Agreement. pointing out Secretary Carlos de Miguel pointed out that “Escazú must be interpreted in an integral way, with a holistic approach and in good faith.” Some States also presented their implementation plans, Argentina communicated the actions that are being developed within the framework of the Fifth National Action Plan for Open Government.

However, the most significant exchanges and interventions occurred when addressing the Action Plan for Environmental Defenders, an instrument that will allow progress towards the full and effective implementation of Article 9 of the Agreement, which establishes that each State party must guarantee a safe environment for people who defend rights in environmental matters. This is essential since Latin America and the Caribbean are more dangerous regions for environmental defenders. There, the original peoples were the protagonists by manifesting the entire path that remains to be traveled and the innumerable existing needs, among them, having effective participation in environmental protection and justice measures, according to their realities.

The defenders of the province of Córdoba were also able to express their claims through the voice of a neighbor who was a member of Vecinxs Unidxs del Barrio San Antonio, who expressed the serious situation of the defenders who were charged with the cause of the Punilla Highway and the conflict with the company Porta Hnos, among others.

In addition, the defenders put on the table the need for the Agreement to contain a gender perspective. In this sense, they stated that it is necessary to make visible the differentiated risks that women defenders have, to vindicate and make visible the role of women as defenders of life and the environment.

Regarding the election of the Support Committee for the Application and Compliance with the Treaty, the States Parties were in charge of electing the seven members of this new instance: Andrés María Napoli (Argentina), Guillermo Eduardo Acuña (Chile), Mariana Blengio Valdés (Uruguay), Rita Leonette Joseph-Olivetti (Granada), Patricia Madrigal Cordero (Costa Rica), Carole Denise Angela Stephens (Jamaica) and Félix Wing Solís (Panama). For the election, criteria of experience in the subject, geographical distribution, gender parity and legal trajectory were taken into account.

The preparation of an Action Plan that establishes protection standards for human rights defenders in Environmental Matters in Latin America and the Caribbean was also presented. This plan is made available and considered through a Public Consultation available until June 21 on the ECLAC website.

It is essential to note that citizen participation, one of the strengths of the Escazú Agreement, has been a matter of discussion since the beginning of the conference, since many people could not participate in the event due to the accreditation system for official activities. We must express our annoyance and concern in this regard, given that many defenders were unable to enter the sessions even when there was space in the room. On the other hand, we welcome Brazil’s commitment to be part of the Agreement in the short term, and we urge the other States of the region to ratify it.

We highlight, once again, that Escazú constitutes an essential tool for the protection of the environment in the region, strengthens the work that local communities are carrying out and provides concrete tools to achieve the human right to a healthy environment. For these reasons, we consider it essential that spaces for discussion continue to be generated and fostered so that the Agreement is implemented as soon as possible in all the countries of the region.

 

More Information

 

Authors

Ananda Lavayén

Carrizo Maria Laura

Contact

lauracarrizo@fundeps.org

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

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

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

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

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

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

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

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

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

 

Sign up here:bit.ly/TalleresDerechosAmbientales

 

This activity is supported by:

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

 

More Information

 

Contact

Laura Carrizo, lauracarrizo@fundeps.org

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

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

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

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

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

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

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

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

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

 

  • Download diagnosis
  • Download summary

 

Contact

Laura Carrizo, lauracarrizo@fundeps.org

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

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

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

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

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

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

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

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

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

Contact

Maráa Laura Carrizo, @lauracarrizo@fundeps.org

More than 200 people and civil society organizations manifested to the Legislature of the Province of Córdoba our rejection of the recent modifications to Provincial Law 10,208.

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

Together with numerous people and civil society organizations, we express to the Provincial Legislature, through a note, the deep concern generated from the modification of Annexes I and II of Law 10208 of provincial environmental policy.

We believe that the treatment and subsequent approval process violated and seriously violates human and fundamental rights, both procedurally and substantially. In addition, the modification implies an unfortunate setback in the protection of the environment, failing to comply with rules, principles and rights guaranteed by current environmental regulations and commits the State because it constitutes a violation of international commitments assumed, for example, through the Escazú Agreement. .

The modifications made to Law 10,208 do not constitute simple wording changes, but imply a serious reduction in the requirements established by the law and that have a worrying impact on the activities subject to Environmental Impact Assessment to the detriment of the environment and ecosystems. In this sense, they expressly violate the principle of progressivity and non-regression accepted in our legal system (General Environmental Law, Law 10,208, Escazú Agreement).

The process that led to the sanction of the project was not disclosed to the public. The design of the project, its treatment in committee and its parliamentary discussion, not only occurred in a very short time, but also disabled any type of device that guarantees citizen participation, in contrast to and to the detriment of the broad legitimacy and social participation that it had. Law 10,208.

For all these reasons, the approved project constitutes a clear violation of the rights of access to public environmental information and public participation in environmental matters. At the same time, it violates the principle of progressiveness and environmental non-regression, sustainability, preventive and precautionary.

In this framework, we urge the repeal of the sanctioned project in order to restore the protection standards in force before its approval.

See letter sent and signatories of the request.

 

Contact

  • Mayca Balaguer, maycabalaguer@fundeps.org