Summoned by the Legal Empowerment Network, numerous NGOs from Latin America participated in a meeting in the city of Santiago de Chile.

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.

During the first week of April, an event was held that sought to exchange learning on Access to Environmental Justice issues. Together with civil society organizations from Latin America, we participated in conferences that addressed issues related to community empowerment, access to environmental information, public participation, and environmental justice.

From the work experience of the organizations, we talked about the problems that the entire continent is going through in the topics worked on, as well as the various strategies of approach and incidence. Even with the different realities observed, the common pattern that crosses the Latin American States regarding the barriers to access to information, public participation and environmental justice was glimpsed; as well as the threats that environmental defenders must face.

Members of ECLAC and those in charge of implementing the Escazú Agreement participated in one of the sessions. They shared their views on the treaty and possible regulations ahead of the first Conference of the Parties.

Throughout the conference, the different contributions and experiences were collected to guide the joint work of those who make up the Legal Empowerment Network. Undoubtedly, a significant experience in pursuit of guaranteeing access to environmental justice throughout the region.

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

We present the 2021 Yearbook, a synthesis of the work we have carried out at Fundeps in a challenging year, with great struggles and achievements in pursuit of a more just, equitable and sustainable society.

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.

During 2021 we investigated, debated, proposed, worked, and participated in historic victories for human rights. Activities that are reflected in this new edition of the yearbook, which begins with a compilation of our actions in numbers and the main milestones we have achieved.

In addition, we share a summary of the activities carried out in the agendas of our 5 areas: Environment, Democracy, Gender and Sexual Diversity, Global Governance and Health.

2021 was also a year in which we promoted our institutional growth and participated in different activities and meetings to rethink ourselves. In this framework, we present our renewed mission and vision and the values ​​present in each of our initiatives.

We believe that collective action is the way to transform reality. For this reason, we want to thank our entire team, friendly organizations and donors, and those who support us every day to continue defending human rights.

SEE YEARBOOK 2021

Throughout the month of January, the Explosives Brigade of the Police of the province of Córdoba will detonate eight tons of explosives in the La Calera Natural Defense Reserve. According to reports, the explosions were ordered by a federal court as part of a legal case.

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

The La Calera reserve is a Natural Defense Reserve. This category of protected area is not exclusively intended for conservation, such as national parks. However, due to its high value for the conservation of biodiversity, the preservation and protection of its natural characteristics is sought. These are properties that belong to the Argentine Army, used for defense purposes, but due to their ecosystem importance, cultural or natural heritage, they enter into a protection regime.

These areas are administered by a Mixed Local Committee, made up of representatives of the National Parks Administration and the Armed Forces. Two functions are fulfilled in these territories. On the one hand, those associated with military tasks, and on the other, those linked to the conservation of biodiversity. Military activities have priority over the latter, according to the regulatory framework that regulates these areas. It is important to clarify that although these areas belong to the National State for the development of its functions, they are not exempt from compliance with environmental regulations of both national and provincial minimum budgets. Let us remember that the powers of regulation, authorization and control in environmental matters within the provincial territory, belong to the province, even in those places that are of national utility, as long as the functions of these establishments are not affected by the exercise of those faculties.

However, the General Environmental Law No. 25,675 requires that any activity that may degrade the environment, any of its components or affect the quality of life of the population, must undergo the environmental impact assessment procedure prior to its execution.

For its part, Provincial Law 10,208, makes this procedure mandatory for those activities that are included in its ANNEX I, among which is any activity to be carried out within a territorial portion included in the regime of the Law of Areas Provincial Natural Areas or those with similar or equivalent national regulations, or areas with assets of archaeological or historical-cultural value (as in the La Calera Reserve).

Based on this analysis, it is possible to note that any activity carried out in the La Calera Defense Reserve must undergo an Environmental Impact Assessment before the provincial authority, as long as this does not interfere with the military functions carried out there.

The detonation of 8 tons of explosives by the Provincial Police, without a doubt, is not part of the military function of the Armed Forces.

Given this scenario, it is possible to conclude that the explosions should have been subjected to the Environmental Impact Assessment procedure prior to their realization, and obtain the corresponding authorization from the local authority. Well, it is an activity subject to this procedure by provincial regulations, which would not interfere with the military function, since the detonation is not due to an activity of the Armed Forces, but rather responds to the activity of the provincial police force.

It should be noted that the communities that live in the area did not have the opportunity to access information on the detonations, nor provide their opinion on the matter, as guaranteed by the Escazú Agreement and local laws.

The most striking aspect of the case is that the National Parks Administration itself, which is involved in the management of the Reserve, seems to have made no reservations about the detonations and their possible negative impacts, nor have the provincial authorities -Secretariat of the Environment, Police Environmental-. It is also possible to question the judicial origin of the measure and the obligation to analyze the possible impacts of its actions. In this regard, it should be remembered that environmental regulations are mandatory for all State authorities and it is their duty to preserve the environment, as well as to apply the rules of minimum environmental budgets.

In short, the Calera Reserve has fundamental ecosystem functions. Its flora regulates rainfall, guarantees the recharge of the Suquía River, prevents the impact of rains on outlying neighborhoods, constitutes a green corridor between the Quebrada del Condorito National Park and the Pampa de Achala Reserve, in addition to guarding archaeological heritage and a large cluster of species of flora and fauna (325 native species, 7 threatened). Not evaluating the potential environmental impact of the detonations not only violates local environmental regulations, but also puts the communities that live nearby at risk and, above all, seriously affects the environmental services that the Reserve provides.

Due to the importance of this type of area, it is a priority for the State to guarantee the application of current regulations on environmental matters. In addition, this category of protected areas must be institutionalized through the sanction of a law that accurately outlines the applicable regime and the restrictions on its use, for the efficient achievement of conservation objectives, as many current bills intend. parliamentary status in the National Congress.

 

Links of interest:

Cooperation Framework Agreement

Protocol for the creation of the La Calera Defense Reserve

 

Contact:

juanbautistalopez@fundeps.org

Despite the fact that the sale and exhibition of animals in stained glass windows is a prohibited practice in Córdoba, it is still common to see them exhibited in some veterinarians in the city.

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

The ban began to take effect after municipal ordinance No. 9575 was unanimously approved in September 2019 by the Public Health Commission. It began to be applied in March 2020 and the veterinarians had a period of 180 days to adapt to the regulations.

The ordinance in its article 6 bis clarifies that the prohibition includes any type of exhibition, either for sale or adoption. Regarding the conditions of the premises authorized for the commercialization of domestic animals, it establishes that these must be isolated, with suitable ventilation, and must comply with the general requirements and ensure sufficient conditions for their containment in an optimal hygienic-sanitary state. Article 8 determines that the cages used to contain them must be specific to each species, with sanitary trays, drinkers and feeders in perfect cleanliness.

In addition, in a novel way, it contains an article that allows businesses dedicated to the sale of pets to collaborate with the animal adoption activities carried out by the Municipality, thus encouraging the adoption of “street” animals.

Unfortunately, although more than two years have passed since its entry into force, there are still premises that do not comply with the regulations, thus configuring a violation and, eventually, a crime. Faced with non-compliance, in addition to the application of the Municipal Code of Misconduct, as determined by ordinance 9575, we have national law 14,346 (known as Sarmiento Law) sanctioned in 1954. It establishes a penalty of 15 days to 1 year for those who mistreat or make victims of acts of cruelty to animals.

It is possible to think that if the conditions, established by the municipal ordinance, guarantee the physical and psychological well-being of the animals protected by the regulations, their non-compliance constitutes a serious indication that conditions other than those required will seriously harm animal welfare. ; which would place the conduct in a case of commission of the crime of animal abuse (Art. 3, inc. 7 of National Law 14,346).

It is important to make visible and be aware that these types of behaviors are intolerable. In addition, current regulations provide tools so that, if necessary, the corresponding criminal complaints are made. It is possible to formulate them in any judicial unit, in front of the judicial police or, failing that, in Courts II in the prosecutor’s office on duty.

Authors

Carla Bisoglio

Brenda Cuello

Ananda Lavayén

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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

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

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

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

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

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

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

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

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

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More information

Autor

Ananda Lavayén

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

 

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

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

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

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

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

Access the statement

 

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

 

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

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

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

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

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

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

I WANT TO REGISTER

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

In conjunction with Fundación TierraVida and Ecohouse Córdoba, we formulate contributions for the formulation of general guidelines for conducting training within the framework of the Yolanda Law.

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

In a note addressed to the Secretary of the Environment of the Province of Córdoba, we presented guidelines for the design of the general guidelines within the framework of the Yolanda law. These guidelines allow directing the methodology and content that will be part of the training received by people who exercise public functions within the framework of the regulations.

The contributions focus mainly on those primary content, procedural and methodological, operational and epistemological issues. Each of the points provided, present the reasons why we believe that they should be taken into account for the purposes of an efficient application, which allows the appropriate approach in accordance with the objective of the law.

We trust that the participatory instances will enrich the guidelines, and consequently the trainings that are ultimately dictated. Likewise, it is valuable that those pillars on which the training is based enjoy legitimacy on the part of civil society organizations and citizens in general.

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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

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

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

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

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

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

Next Monday, July 12 -from 5:00 p.m. to 6:30 p.m.- we will present, together with a group of organizations, the Argentine Network of Community Advocacy, a space for articulation, support, advocacy and learning between organizations and legal professionals from all over the country, that we work for access to rights and legal empowerment of vulnerable people or groups. To participate, register here.

“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”

Taking into account the great difficulties that social organizations and activists encounter in defending the rights of vulnerable groups, from ACIJ, FUNDEPS, TECHO, CAPIBARA, XUMEK – REPAD and ANDHES we saw the need to create a Community Advocacy Network to solve legal needs and structural problems that similarly affect large groups: people with disabilities, migrants, women, children and adolescents, the elderly, indigenous peoples, people deprived of liberty, victims of institutional violence , among others.

We seek to face with collective strategies the great obstacles that exist when practicing social advocacy and, in this way, guarantee effective access to the rights of their communities.

We are waiting for you next Monday, July 12 -from 5:00 p.m. to 6:30 p.m.- to the presentation of this initiative, which is in permanent construction, to continue adding contributions from organizations and activists who want to be part of it.

What is RAAC?

RAAC is the Argentine Network of Community Advocacy. Its objective is to build a space for articulation, support, advocacy and learning among legal professionals from all over the country, who work for access to rights and the legal empowerment of vulnerable people or groups.

Goals

  • Generate alliances, synergies and solidarity between social organizations, professionals and activists that work in the field of community advocacy and community legal empowerment.
  • To promote greater visibility of the different local experiences linked to the subject.
  • Carry out an advocacy agenda in local and national public policies, linked to community advocacy and legal empowerment.
  • Increase the national debate on community advocacy and its development as a disciplinary field.
  • Generate a learning community that respects the plurality of thoughts and opinions, strengthens community growth and contributes to the development of the capacities and abilities of all those who are linked to community advocacy and legal empowerment

Para participar del evento, inscribite en este formulario.

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

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

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

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

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

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

More information

The province of Córdoba adhered to the Yolanda Law

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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

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

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

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

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

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

DOWNLOAD RESOURCE

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org