Tag Archive for: Principle 10

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.

Together with other organizations of the Civil Society of Latin America and the Caribbean, we prepare a working document that reflects the contributions and lessons learned in the negotiation process 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”.

This document was carried out in the framework of the work of the Regional Observatory of Investments, Transparency and Human Rights (composed of various civil society organizations in Latin America and the Caribbean, many of them authors of this publication), as part of a collective effort for making known from our experience the contributions and lessons learned from the negotiation process of Principle 10 so that they can be incorporated into the current signature and ratification processes of the Escazú Agreement.

Thus, what is described in this document responds to the achievement of a regional aspiration: the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean, now the Agreement on Escazú, the first regional instrument of environmental rights, which represents a historic opportunity for the materialization of environmental democracy and the consolidation of citizenship, especially those groups that have been historically and systematically discriminated, such as indigenous peoples.

The publication summarizes the internal processes in various Latin American countries aimed at the approval of the Agreement, in particular, from Argentina, Brazil, Colombia, Mexico, Nicaragua and Peru.

More information

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

“Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean” was approved in Escazú, Costa Rica, on March 4, 2018, officially opens to the signature of the 33 countries of Latin America and the Caribbean. It requires that 11 countries sign and ratify it to enter 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”.

On the day of the date, the Escazú Agreement is opened for signature at the 73rd General Assembly of the United Nations, in New York. The agreement adopted by 24 countries of the region on March 4, will be open for signature by the 33 countries of Latin America and the Caribbean (LAC) until September 26, 2020 and will need the ratification of 11 countries to enter into force.

The treaty seeks to guarantee the full and effective application of Principle 10, embodied in the Rio Declaration on Environment and Development of 1992, in Latin America and the Caribbean. For its part, Principle 10 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 of present generations and future.

The importance of the Escazú Agreement is that it is the first of its kind in the world that includes specific binding provisions for the protection of individuals, groups and organizations that promote and defend human rights in environmental matters. Likewise, it is the only binding treaty issued by the UN Conference on Sustainable Development (Rio + 20).

In particular, for Argentina, which is characterized by having the highest deforestation rates in the world, as well as the lack of access to environmental information and the lack of participatory public policies, the entry into force of this binding regional agreement will allow the strengthening of access rights in environmental matters.

In the same sense, it will allow preventing the environmental costs of the decisions that have to do with the economic development and to improve the management of the multiple socio-environmental conflicts existing in the territory.

For these reasons, we present a letter to the former Ministry of Environment and Sustainable Development and another to the Ministry of Foreign Affairs and Worship, urging the signature and adhesion of the Argentine government to the Escazú Agreement.

Also, through a press release, UN human rights experts urge the States in Latin America and the Caribbean to sign and ratify, as soon as possible, a pioneering environmental treaty for the region.

The experts added that States should adopt, in their strategies to achieve the UN Sustainable Development Goals, an approach that encompasses society as a whole. They also noted that an essential aspect of States’ international human rights obligations is to ensure the protection, respect and support of individuals who raise concerns about the negative impact on human rights, including in the context of the development of human rights. projects that involve companies

“By signing and promptly ratifying this innovative treaty, the Latin American and Caribbean States will reinforce their firm commitment to environmental protection and human rights, and above all, they will send an unequivocal message in favor of multilateralism, solidarity, equality and regional integration, while promoting collaboration with other regions, “they said.

We believe that the entry into force of the regional agreement will be a fundamental step towards achieving a true environmental democracy. Therefore, we urge Argentina and other countries of Latin America and the Caribbean to sign and ratify, as soon as possible, this historic treaty for the region.

 

More information

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

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

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

“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>

“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

The Forum of Latin American and Caribbean Countries for Sustainable Development in Mexico City met for the first time in April. It presented the progress of the negotiation process of the Regional Agreement by 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”

FUNDEPS together with several civil society organizations signed a declaration that supports the fundamental alliance between sustainable development objectives and principle 10, as we understand that:

“There will be no sustainable development without the implementation of the Sustainable Development Goals (ODS) nor without the rights of access to information, access to justice and participation on environmental issues, known as access rights.”

Within the framework of the first meeting of the Forum of Latin American and Caribbean Countries for Sustainable Development, it was claimed that there can be no real sustainable development if there is no real access to information and justice, as well as As an authentic participation of the citizens. In this regard, the Vice Minister of Environment of Costa Rica, Patricia Madrigal stressed that “Principle 10 redefines the traditional concept of development for its inclusive, transparent and participatory nature.”

Hence the importance of this Forum, which presents the ideal opportunity for the Agenda 2030 for Sustainable Development, which proposes 17 Sustainable Development Objectives, and the Regional agreement for Principle 10 to be implemented and can be addressed in an integral way to In order to strengthen each other.

FUNDEPS as an organization that promotes the construction of sustainable public policies participates actively in the negotiation process Regional Agreement on Principle 10, as well as publicly supports the Sustainable Development Objectives (ODS) of the United Nations Agenda 2030, recognizing the importance of access rights in the implementation of real sustainable development policies.

More information

Declaration that supports the P10 and the ODS-Signers

First Meeting Forum of the Latin American and Caribbean Countries for Sustainable Development

Author

María Perez Alsina

Contact

Male Martínez Espeche – malemartinez@fundeps.org

From FUNDEPS we express our concern for the lack of transparency and clarity in the management of the budget for the National Council of Women announced in the last Official Gazette.

“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 January 11 of this year, the budget modification for the National Women’s Council (CNM) and the National Plan of Action against Gender Violence (PNA) was reflected in the Official Gazette, signed by the Chief of Staff , Marcos Peña. Until December 2016, there was a budget approved by the National Congress, which included a CNM and NAP item for 47 million pesos, which was added an increase of 20 million pesos to the original budget planned for the CNM. The Budget Law 2017 was then promulgated with that increase from 96 to 116 million by 2017. In the current Administrative Decision 12/2017 of the Chief of Cabinet, only the amount of 96 million was designated for the CNM which implies a reduction of 67 Million pesos of the assigned budget.

From this confusing situation, an amparo action was filed by the Civil Association for Equality and Justice (ACIJ), the Latin American Justice and Gender Team (ELA), the Foundation for the Study and Research of Women (FEIM), The Argentine Commission for Migrants and Refugees (Caref), the Women in Equality Foundation (MEI) and the 21st Century Foundation. The organizations made a presentation to the Court to declare unconstitutional the reduction of funds allocated to the National Council of Women And the National Plan of Action against Gender Violence, demanding the State for the violation of the division of powers and the discretionary use of “superpowers”.

The authorities of the National Women’s Council tried to deny this information through an official press release and various statements in the media, claiming that it was an “error” and that the budget item, although not properly published in The Official Gazette, was guaranteed by the Ministry of Finance.

We emphasize the importance of carrying out the budgetary allocation according to established procedures, in order not to weaken institutional quality and respect democratic processes. On the other hand, if the elimination of these funds in the Administrative Decision was the product of an error, in order to be valid, the same must be corrected and published in the Official Gazette, according to the formal process. As of today, more than a month has elapsed since the publication of the Administrative Decision, it has not yet become official. This demonstrates the seriousness of the situation and the unclear and transparent management of the budget by the Office of the Chief of Staff.

As the budget line announced in the NAP is one of the points where progress was made in protecting women, we express our concern about this evidence of institutional fragility, lack of clarity and transparency that weakens the achievements against violence of genre. This situation violates the rights of women and girls in a country where every 18 hours a woman dies a victim of violence.

We also add our call for greater transparency in the mechanisms for monitoring public funds for budget execution and for greater clarity in the decisions taken by state agencies that affect the lives of millions of women.

More information

Contact

Emiilia Pioletti – emiliapioletti@fundeps.org

Our foundation is participating actively in the monitoring of the Regional Agreement on Access to Information, Public Participation, and Access to Justice in Environmental Matters in Latin America and the Caribbean, in accordance with Principle 10 of the Rio Declaration. By means of this letter we invite you to participate in the elaboration of the Guidance Document for Negotiations, providing comments and suggestions.

THE FOUNDATION FOR THE DEVELOPMENT OF SUSTAINABLE POLICIES (FUNDEPS), as a TAI member (The Access Initiative) is participating actively in the monitoring of the Regional Agreement on Access to information, public participation, and access to justice in environmental matters in Latin America and the Caribbean, in accordante with Principle 10 of the Rio declaration For that purpose we cordially invite you to comment the Guidance Document for Negotiation, prepared by ELAC and attached to this email.

Our working team is responsible for coordinating and systemizing the commentaries of the document’s preamble and articles : 1 (objectives), 2 (definitions), 3 (principles), 4 (scope of application), 5 (general obligations) and 8 (public participation in environmental decision-making). We may also receive or forward commentaries on the entire text.

Being aware of your expertise and influence in this field, and so as to obtain ideas, commentaries, objections and suggestions on how to improve the text in preparation of the negotiation phase, and so that a wide participation becomes effective, we communicate this invitation to participate in the commentaries.

The commentaries will be received and processed until July 10th of this year. The commentaries can also be sent to the ELAC secretary until August 31st of of this year. Please do not hesitate in contacting us if you have any doubt or inquiry. We look forward to your input in the effective implementation of Principle 10 of the Rio declaration!

Best regards,

Juan Carballo, Executive Director

Yamile Najle, Coordinator of the Human Right Area

Additional information is available at : http://www.cepal.org/rio20/principio10/.

The process towards international environmental governance has its origin in 1972 in the Stockholm Conference, and developed through various conferences and summits.

The process towards international environmental governance has its origin in 1972 in the Stockholm Conference, and developed through various conferences and summits. In the 1992 Rio Summit, the “Rio Declaration on Environment and Development” adopted principle 10, which refers to the rights of access in environmental matters: right to information, participation to decision-making and access to justice. This declaration, of global scope, isn’t binding on the countries, so that its operativity is needed.

For this reason, in 1998 in Europe the Aarhusen Convention was dictated, serving as an instrument that regulates and operationalize these three pillars of environmental democracy being binding on countries in Europe, Central Asia and the European Community.

Regional Convention for Latin America

In terms of Latin America, we hope that within 2015-2016 a Regional Convention operationalizing principle 10 and effectively reflecting the highest standards of access to information, participation and environmental justice will be dictated.

Many conferences and meetings have been held to advance this process, with ECLAC as Technical Secretariat. In the last four meetings on Focal Points of the signatory countries of the Declaration on the application of Principle 10 there has been a clear advance, and committed participation by the signatory countries towards the realization of this regional instrument. The first meeting was held on November 6th and 7th in Santiago de Chile, where delegates of the signatory countries agreed on a Roadmap for the full implementation of the regional convention.

The second one took place in 2013 on April 18th in Guadalajara (Mexico), and here was approved an Action Plan up to 2014 to strengthen the rights of access in environmental matters. The third one was conducted in 2013 on October 30th and 31st in Lima (Peru), and members agreed on a series of lines of action for 2014 on the empowering of capacities and cooperation.

Recently, from the 4th to the 6th of November 2014, the forth meeting of Focal Points was held in Santiago de Chile, where the representatives of the 19 countries of Latin America and the Caribbean that signed the Declaration of Principle 10 approved to start the negotiations for the creation of a regional convention in this area. From 2012 to date, the Declaration has been signed by Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Panama, Paraguay, Peru, Dominican Republic, St. Vincent and the Grenadines, Trinidad and Tobago and Uruguay. In the fourth meeting also participated as observers Antigua and Barbuda, Nicaragua and Saint Lucia.

Attendees welcomed the recent incorporation of Bolivia and El Salvador, and reminded that the process is open to all countries of Latin America and the Caribbean. During this last meeting, Alicia Bárcena, Executive Secretary of ECLAC, highlighted that the instrument should not be merely declaratory, but must be ambitious and set clear and specific legal obligations to ensure effectively the three pillars of right of acces in environmental matters: information, participation and justice. These negotiations, will have to be based on the minimum contents of San José de Costa Rica.

Through FUNDEPS will be supported the work of other NGOs in the region towards the effective implementation of the rights of access and to cooperate with governments through recommendations and/or exchanges of ideas to move towards a regional instrument support. More information: – Comunicado de prensa de la reunión de la CEPAL – Propuesta de naturaleza y contenidos del instrumento regional de principios de acceso en materia.

Contacts:

info@fundeps.org

Translated by: Arianna Tamanini