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We launched the website “Emergencia Agroquímica”

We launched a participatory website where environmental conflicts related to the use of agrochemicals in the province of Córdoba are made known, as well as providing legal tools and the possibility of making visible the existence of other conflicts of said nature.

“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 website is structured based on three objectives. The first of them aimed at the visibility of socio-environmental conflicts related to the use of agrochemicals in the province of Córdoba. Second, it seeks to provide information and legal resources as necessary tools for the empowerment of communities and for the protection of their rights to health and a healthy environment. Third, it seeks to reinforce the visibility of conflicts through a collaborative platform in which new conflicts can be incorporated, thus expanding the content.

For such purposes, a conflict mapping was prepared based on an analysis of information compiled since 2008, mainly from newspaper articles and online publications related to 18 communities affected by the application of agrochemicals.

The examination of the data revealed relevant characteristics regarding the problem. In this way, it was observed that the vast majority of these conflicts arise from illegal or irregular fumigation, residues of agrochemicals deposited in prohibited places (uncultivated land and fields), fumigating machines that transit through urban centers, damage to biodiversity by the application of chemical products and as a consequence of all the irregularities mentioned, the serious problems in the health of the members of the fumigated communities.

Likewise, the survey revealed similar concerns and demands on the part of the communities regarding the application of agrochemicals. Thus, as a common denominator, these require: ordinances that establish Environmental Reserved Areas with respect to urban areas; the completion of the provincial law that regulates the requirements and minimum distances of application, the carrying out of health studies, among other claims. Other populations, as is the case of the town of Dique Chico, tend to an alternative to “agroecological reconversion” guiding the production from a sustainable and healthy perspective.

The survey work carried out demonstrates the “agrochemical emergency” that exists in numerous localities in the province of Córdoba. The use of agrochemicals without adequate control by the authorities, the non-compliance with current regulations regarding application distances, which also become ineffective for the protection of populations, are factors that not only affect the environment but also constitute a serious public health problem.

In this sense, the statistics show alarming data regarding the existence of certain diseases. For example, from the year 2017 onward, more than half of the deaths in the town of Canals, had their origin in a carcinogenic disease; or the case of the Monte Maíz locality in which the cases of deaths due to cancer exceed three times the average, in addition to being observed in all the localities surveyed numerous cases of malformations, respiratory diseases, spontaneous abortions and other infrequent diseases such as lupus, rematoidea arthritis, among others. These data shed light on the urgent attention that the problem deserves on the part of those who have the responsibility of adapting the controls in the application and to formulate a law respectful of the environment and health, paying attention above all to the needs of those populations most affected.

Access to the site Emergencia Agroquímica 

Authors

Ananda Lavayén

María Laura Carrizo

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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We participated in a talk about the problem of Chacras de la Merced in the Siglo XXI University

On Friday, May 24, a talk was organized by the Environmental Law Chairs of the Lawyer’s career and the Social Sustainability Center of the Siglo XXI University, in which members of the Omas de Chacras de la Merced Organization participated. and the Fundeps environment team.

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

During the meeting, members of the Omas organization reported the structural and environmental problems that have been affecting the Chacras de la Merced district for years, the current situation and the strategies adopted. From Fundeps, we share the actions carried out throughout these years, the legal and advocacy tools used in public policies, and the possible strategies to follow in the face of lethargic, if not non-existent, action by the Municipal, Provincial States. and National.

The articulation between diverse actors was shaped as a fundamental pillar in the struggle for the respect of human rights, from the contributions that each civil society organization can provide for such purposes. Then, the students participated together with the teachers, expressing their concerns, reflections and contributions from a human rights and environmental perspective.

We appreciate the invitation made by the Siglo XXI University through the chairs of environmental law of the career of Advocacy and its Social Sustainability Center. We consider propitious these spaces of encounter and debate, not only for the articulation of actions of incidence and fight in pursuit of the environment, but as spaces of reflection and commitment with those problems that afflict certain sectors of our society, by those who for years we participate in them, and of those students who in the near future will be part of the fight for the right.

Contact:

Juan Bautista Lopez – juanbautistalopez@fundeps.org

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We demand from the Municipality of Córdoba compliance with the Mitigation Plan of the Bajo Grande EDAR

Along with the Omas and neighbors of the Chacras de la Merced neighborhoods, Villa La Merced, Ciudad Mi Esperanza and Parque 9 de Julio, we filed a complaint against the mayor Ramón Mestre in which we denounced the non-compliance with the mitigation plan for the Bajo WWTP Large and the neighborhoods located downstream and we demand their effective execution.

“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 communities of Chacras de la Merced, Villa La Merced, Ciudad Mi Esperanza and Parque 9 de Julio, live a few meters away from the sewage treatment plant in the city of Córdoba on the banks of the Suquía river, and have been living with pollution for years. of water, air and soil due to the poor functioning of the Bajo Grande plant.

Derived from this contamination, neighbors must face every day an infinity of problems, the most serious being those related to health (skin, respiratory and gastrointestinal diseases). Similarly, the environment vitiated by the smell of cloacal water overturned raw, makes life more difficult in that place.

The contamination problem of the Suquía river as a direct consequence of the excess of sewage liquids, by virtue of the dumping with minimal treatments or without treatments, carried out by the Bajo Grande WWTP is public knowledge. Even recognized by the Municipality of Córdoba at least since 2014 when it declares for the first time the environmental and sanitary emergency of the EDAR plant and of the areas located downstream. The measure was extended every year being the last extension in the past month of November.

Within the framework of this emergency, the Intendant implemented a Mitigation Plan by virtue of which a number of actions are entrusted to different areas of the Municipality of Córdoba to mitigate the effects of the pollution produced by the plant on the population, particularly in the Suquía and surrounding areas.

The departments included are the Secretariat of Government, Citizen Participation and Social Development, the General Secretariat, the Public Services Secretariat, the Ministry of Health and the Secretariat of Planning and Infrastructure.

Regarding the mitigation measures contemplated in the plan, these are: a) Update of the socioeconomic survey of the affected population downstream of the plant; b) Update of the survey of the health status of the population; c) Distribution of safe drinking water for different uses in areas where provision by network is not possible; d) Preventive sanitary cord; e) Management of the effluents of the E.D.A.R. Under Large; e) Resource monitoring plan and f) Awareness campaign.

Last year, we presented together with Alida Weht, neighbor of the Chacras de las Merced district and member of the Las Omas Civil Association, requests for information addressed to these Secretariats, so that they could inform us about the status of the Mitigation Plan, without receiving answer. Therefore, this year we insist on the orders, as it is public information to which every citizen has the right to access and the Municipal State has the obligation to make known, not only because the actions committed by the municipality have an impact on the health and quality of life of the people living in the neighborhoods surrounding the plant, but of all the people of Cordoba as the Suquía river – at least at one time – one of the sources of most important drinking water in the entire province.

The only distribution that responded was the Ministry of Health and it did so deficiently and with information that does not fit with the reality that exists in the community of Chacras de la Merced.

Motivated by this, and the lack of execution of the successive mitigation plans, is that together with the Omas andneighbors of the neighborhoods located downstream of the plant, we initiated a claim against the Municipality of Córdoba denouncing each of these breaches and demanding their adequate and effective execution.

With respect to the health needs of the area, the deficient infrastructure of the neighborhood Health Center is denounced, which lacks adequate facilities for patient care; It has only two rooms, the spaces are very small, there is no heating, there is only one doctor who can not supply it and he attends only in the morning, sometimes there are not enough medicines to deal with tracer diseases in the area, particularly dermatitis, which leads to the people of the neighborhoods tending to naturalize their ailments due to the deficient medical attention provided by the municipality.

Another of the mitigation measures whose compliance is required is the “Awareness Campaign” under the responsibility of the Ministry of Health – DAPS and the Directorate of Sanitary and Gas Networks. The actions included are: a) Continue actions in favor of improving the communication of environmental risks, b) Continue with informative and educational talks to the school population of the sector and c) Installation of informative posters on the risk of use and consumption of the river water. None of these actions has been carried out, there is widespread misinformation in the sector about the real risks of contamination of the Suquía River. In addition, all along the path of Chacra de la Merced there is a single sign in the area warning that it is forbidden to bathe in the river. In any case, such ignorance is that children continue to bathe in certain sectors of the Suquía and in the lagoons, putting their health and their lives at risk.

In addition, it is reported that there are sectors of the Chacras de la Merced neighborhood where there is no potable water network. Neighbors and neighbors are forced to connect in an irregular manner to the only network that is exclusive to the Bajo Grande WWTP plant, which is also not safe water. Taking into account the health and environmental crisis declared in the area by the pollution of the Suquía River, it is inadmissible that the population lacks safe drinking water.

In short none of the mitigation measures is or has been adequately met by the municipality, which leads to the emergency being extended every 180 days, becoming a formal declaration without being able to give the affected communities a structural solution and definitive to the environmental and health problems that have been going on for years.

The area where these communities are located 40 years ago was part of the “greenbelt” of the city of Córdoba, from there came the fruits and vegetables that supplied the markets, jobs now prohibited by the high levels of contamination of the Suquía River. The neglect of the State transformed this area into a marginal community, with multiple sources of contamination (quarries, tanneries, garbage), which every day struggles to survive and to fight for its human rights to health, a healthy environment and life , all this despite the indifference of the municipal authorities.

The expansion works of the EDAR plant and the refunctioning of the current one, do not matter the improvement of the quality of life of the people who live downstream of the plant. Nor do they result in the termination of the environmental and sanitary state of emergency in the area, while the mitigation actions have not been carried out by the Municipality of Córdoba, which is why we demand that the Mayor take the corresponding measures so that execute the Mitigation Plan prepared for the Bajo Grande plant and the zones located downstream.

The municipality has a pending debt with the population of this sector of the city, and therefore we demand a definitive solution to the contamination of the Suquía River and especially for the guarantee of the rights of those who have been affected.

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Entre Ríos: going to school without agrochemicals

The Justice of Entre Ríos annulled a decree of the governor that authorized the fumigations to one hundred meters of the rural schools. Macri questioned the ruling.

“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 province of Entre Ríos has been going through a serious socio-environmental crisis for some time as a result of the agro-industrial model adopted at the beginning of the century, which in the aftermath of a false development attacks the health and quality of life of various communities. The big affected of this false progress are the agricultural communities, who saw their living conditions modified, many expelled to the big cities, and others survive immersed in fields full of soybeans and agrochemicals. These, the direct victims of the system, breathe, drink, eat, walk, study, replete with chemicals. Among them, boys and girls are the most affected because their health is more vulnerable and because they are in full development. In Entre Ríos, as in other provinces of the country, as in ours, Córdoba, rural schools are fumigated.
Remember that as the transgenic crop increases, the use of agrochemicals is greater, as it implies the use of millions of liters of these products. According to the Rosario Stock Exchange, the harvest estimate for April this year is 56 million tons, 60 percent more than in the previous season when 35 million tons were harvested. In this context, the excessive use and poor handling of these substances is daily. In addition, in legislative matters there is a regulatory diversity difficult to reconcile with respect to the distances of environmental protection areas and an immensity of application criteria and recommendations made by sectors with economic interests. Thus, and in the face of absolute inaction on the part of the State, the health of thousands of children is in grave danger.
Rural schools: first sentence in favor of health
In this context and through the hard work and commitment adopted by civil society and social organizations, immersed in a struggle that took years, in 2018, the Ecological Forum of Paraná, a civil association dedicated to the care of the environment and health, and the Association of Teachers of Entre Ríos, promoted an action of amparo against the province of Entre Ríos, so that immediately the State is urged to take the necessary measures to protect children and adolescents, teachers , teachers and non-teaching staff who attend rural schools in the province, the negative impacts that agrobiotechnology generates on soil, air and surface and underground water, and as a consequence on health.

The justice was issued in this regard by means of a judgment dated October 1, 2018, which prohibits land fumigation with agrochemicals around educational establishments within a radius of 1000 meters, and aerial spraying within a radius of 3000 meters.

The judge enforces the precautionary principle, which states that “when there is a danger of serious or irreversible damage, the lack of absolute scientific certainty will not be used as a justification to postpone the adoption of cost-effective measures to avoid environmental degradation” . In addition, the Provincial Government is condemned to the implementation of plant barriers, to carry out in a sustained manner over time the studies that allow the delineation of objective guidelines regarding the rational use of chemicals and agrochemicals, with the accent precisely on the prevention of damage. This ruling was confirmed by the Superior Court of Justice of the province.

The questioned decree and the second sentence

Last January, Governor Gustavo Bordet, trying to stop the situation and solve the problem of “legal vacuum”, obeying the demands of the agricultural sector, dictates the Decree No. 4407/18 by virtue of which the application is prohibited terrestrial product in a radius of 100 meters around rural schools and in an area of 500 meters for aerial applications.

In view of these circumstances, at the beginning of March, the case entitled “Foro Ecologista de Paraná and another C / Superior Government of the province of Entre Ríos” began, aimed at the declaration of nullity and revocation of the decree in question. The provincial justice dictated sentence on March 28, referring to the effects of the sentence issued in October, while the judge considers that having solved an environmental issue linked to the health of a specific human group, has erga omnes effects, the judge establishes that “until it is determined by the specific state areas that identical preventive effects will be obtained for the health of the students and personnel that attend them with different distances, it is forbidden both to the administrator (Government) and to this judge to evaluate if it is possible to more or less comply with the indicated prevention”. It requires the environmental report required in the first sentence, which must ensure that the practice questioned is innocuous at a certain distance from the schools. He then points out that “The violation of res judicata by a norm determines its nullity due to its unconstitutionality”. For this reason, it annuls articles 1 and 2 of Decree No. 4407/18 for violating the rights protected by res judicata.

Finally, the magistrate reflects that “in the end it happens that we are in the presence – as in so many industrial activities – of a restriction, which must be charged by certain individuals that is based on the interest of health – in this case of the students and staff of rural schools-, and in the care of the environment; but its origins must be sought in productive practices that at some time – or perhaps always – ceased to have full social consensus.”

This ruling was also appealed by the government of Entre Ríos to the Superior Court of Justice of the province, who must decide deciding whether or not the decree is in conflict.

Controversial statements by the President

Mauricio Macri in a visit to Gualeguaychú at the beginning of April, dedicated a moment of his conference to refer to the conflict. With his sayings he interfered in a conflict that is settled in the Judicial Power expressly violating the independence of powers-the essence of any republican system of government.

Macri defended the use of agrochemicals without control, saying that the failure puts at risk 20% of the agroindustrial capacity of the province, without taking into account the public health problem facing the province, and all productive areas of the country .. In line with the above, said that it is “an absurd law that is not based on any scientific rigor”, with respect to the judicial decision, the second in a few months, dictated by the justice of Entre Ríos. That the current government promotes this extractive production model was made clear with the Final Report of the Interministerial Working Group on Good Practices in Phytosanitary Applications, presented last year by the agribusiness and environment portfolios.

The sayings of Macri aroused all kinds of criticism and comments, mainly because it ignores the impact of health that the indiscriminate use of agrochemicals produces in people. Also, he is criticized that he, as the main representative of the State, has the duty to protect the health of the children and adolescents who attend these or other educational establishments.

Boys and girls from rural areas are threatened mainly in those places where they should be safe: homes, schools, communities. The protection of the Higher Interest of the Child is a principle and a commitment adopted through the signing of the Convention on the Rights of the Child, with a constitutional hierarchy. From this, it is the responsibility of the State to take measures tending to ensure the development of children in a friendly environment.

For Macri there is no “scientific rigor” that justifies limiting the fumigations, ignoring not only the precautionary principle but the various judgments that are carried out today. In the United States alone, Monsanto has already been convicted in two trials for being responsible for the cancer risks of the Roundup herbicide based on the controversial drug glyphosate.

In our country, there are already records. We have, for example, the trial of the Madres del Barrio Ituzaingó Anexo in Córdoba, in which the producer and the fumigator were criminally sentenced. In Entre Ríos, in 2018 it was also possible to condemn the producer, the president of the aviation company and the pilot to one year and six months of suspended prison for being responsible for contamination of the fumigation that caused damages to personnel and students of School No. 44, near Santa Anita.

However, public policies do not yet respond to this problem. The qualification of SENASA regarding the dangerousness of agrochemicals is insufficient. Glyphosate for example, herbicide that is thrown millions of liters in our fields, in Argentina is classified as CLASS III, blue band (little dangerous), while in 2015 the World Health Organization (WHO) warned about the linkage of glyphosate herbicide (the most widely used in the world) and cancer, cataloging glyphosate as “probably carcinogenic”.

The State is unaware of the battle that is being waged throughout the world to protect the right of children and adolescents and of future generations to enjoy a healthy environment. Enabling the violation of the right of these children to live in an environment that allows their development goes against their responsibilities. The State can not be passive, much less condescending, while daily fumigations occur that irreversibly damage the present and future of that generation.

Author

Maria Laura Carrizo Morales

Contact

Maria Perez Alsina, mariaperezalsina@fundeps.org

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The Inter-American Commission presents its annual report 2018

The Inter-American Commission on Human Rights (IACHR) presented its Annual Report 2018 at the end of last month, in which it reports the work carried out throughout the year. This report constitutes the main instrument of accountability of the IACHR, as well as monitoring the human rights situation in the region and following up on its recommendations.

“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”.

Chapter IV consists of a descriptive panorama on the situation of human rights in the member countries, with a special emphasis on the rights and issues prioritized by the IACHR, as well as on transversal axes of Democratic Institutionality, Institutionality in Human Rights, Access to Justice and Citizen Security; and Right to the Environment.

Together with lawyers from the Argentine Northwest on Human Rights and Social Studies (ANDHES), we presented a shadow report on these axes in December of the last year in the subjects we work on.

In the report for Argentina, the Commission took the matters reported in the shadow report. In the general considerations, it paid particular attention to the concern shown regarding the bill on collective processes; the situation of the right to protest; mobilizations regarding the debate regarding access to women’s sexual and reproductive rights, as well as possible reforms that would restrict the scope of the sex education law. Reference is also made to the clashes between public authorities and indigenous communities; the economic and financial situation in general and its possible impact on human rights, and in particular. Special considerations were made about the situation of poverty that affects children; the appointment of a child advocate that is still pending; expulsions of migrants; and the conditions of detention that prevail in police stations.

In turn, regarding issues related to human rights institutions, the IACHR highlighted our concern about the lack of nomination of a titular person in the Office of the Ombudsman of the Nation, a position that remains vacant since 2009. He also collected our concern about the economic and financial situation of the country and its effects on institutions regarding the allocation of resources and the functioning of the various State entities responsible for the protection of human rights.

Regarding access to justice, the Commission took note of the concern we expressed regarding the Collective Processes Bill prepared by the Ministry of Justice and Human Rights of the Nation, which, if successful, could seriously limit the use and effectiveness of collective actions, by restricting the possibility of suing the State and companies in defense of collective rights.

Regarding the situation of women’s rights, the IACHR welcomed the approval of the protocol for the investigation and litigation of femicides in Argentina, celebrated the approval and entry into force of Law No. 27,452 “Brisa Law” that grants economic reparations to sons and daughters of victims of femicide in Argentina and welcomed the approval of the “Micaela Law”, which aims to train officials in gender violence.

However, the Commission stated that “it has continued to monitor the various obstacles that women, girls and adolescents continue to face in the exercise of their sexual and reproductive rights, as well as the mobilization and legislative debate to exercise them. “In addition, he pointed out that” given the resurgence of the debate on the reform of the Sexual Education Law (Law No. 6,150), proposals have also emerged to revise and reform it, some of which would have the purpose of limiting its scope and eliminating mentions dedicated to diversity of gender and sexual diversity, topics that are follow-up by the Commission in order to ensure that the reviews are carried out in line with the inter-American standards on the matter. ”

With respect to the right to the environment, the Commission stated that the State informed it about a National Plan of Action to Combat Desertification and that the Secretariat of Environment and Sustainable Development of the Nation has developed several communication channels within the framework of the National Law No. 25,831 in order to guarantee the right of access to environmental information. He also indicated that “the National Strategy for Environmental Education is being developed, a public policy that guides the bases for the construction of intersectoral programs in the theme to promote the action of individuals, groups and society as a whole for environmental care in its entirety. He also indicated that a National Cabinet on Climate Change has been formed, which is currently working on the articulation of mitigation and adaptation measures on the implementation of the National Determined Contributions of the country. Finally, there is also the generation of indicators for the management of biosphere reserves and private initiatives for the conservation of biodiversity. ”

Nonetheless, the IACHR was alerted to the use of agrochemicals, which is one of the most worrisome issues for the country, particularly because of the harmful effects on the lungs and skin; as well as the increase of conditions such as depression, seizures, immune and endocrine disorders. Inclusive attention was drawn to the increase in the number of people with cancer in the Cordovan town of Monte Maíz in the fumigation season.

For its part, the Special Rapporteurship on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Commission presented its own report, highlighting the main data collected as concerns, regarding the situation of the DESCA considered in its generality in all the countries of the region. There, the Rapporteurship mentions again the situations reported in the shadow report related to the right to the environment and the right to health, particularly sexual and reproductive rights.

We celebrate the conclusions prepared by the IACHR and the Rapporteurship on DESCA and that have echoed the reports sent from civil society. We hope that the State has appropriated these recommendations and incorporates them in its design of public policies to improve the human rights situation in our country.

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Climate change and human rights: request for a thematic hearing before the IACHR

Together with organizations with a history in the defense of human rights and the environment of Latin America and the Caribbean, we request a thematic hearing before the IACHR regarding the violation of human rights in the context of climate change in the region. In Cordoba, the cycles of floods and droughts are aggravated by the lack of planning and coordination of policies that take into account the effects of climate change.

“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 March 5 different organizations from Latin America and the Caribbean, including FUNDEPS, sent a request to the Executive Secretary of the Inter-American Commission on Human Rights (IACHR), Dr. Paulo Abrão, to hold a thematic hearing, general and regional scope, on the impacts of climate change and its impact on the enjoyment of human rights in Latin America and the Caribbean.

The thematic hearings are spaces that are granted to civil society to deal with matters of interest in the region. The petitioners can make recommendations to the IACHR so that the latter may then develop them. Although the recommendations made by the IACHR are not binding, they are usually used and taken into account by judges and authorities when deciding a specific matter; for this reason they acquire so much relevance.

The hearing was petitioned jointly with various civil organizations from several countries in the region such as the Mexican Center for Environmental Law – CEMDA – (Mexico), the Honduran Alliance against Climate Change, Due Process of Law Foundation – DPLF – (Regional ), the Inter-American Association for the Defense of the Environment -AIDA- (Regional), EarthRights International (International), the Pachamama Foundation (Ecuador), the Center for Law, Justice and Society Studies – Dejusticia- (Colombia), lFiscalía del Medio Environment – FIMA – (Chile), Center for Legal and Social Studies – CELS – (Argentina), CONECTAS (Brazil), Engajamundo (Brazil) and the Legal Defense Institute – IDL – (Peru). They have a great track record for the work they do in the region, specifically in relation to the defense of human rights and the environment. Through this request, we seek to share and combat our concern about the negative effects that climate change is already inflicting on the present and its projection in the future.

The main purpose of the thematic hearing is to transmit to the IACHR, relevant and up-to-date information regarding the role played by climate change and the measures designed to combat it, in the enjoyment of the human rights recognized by the countries of Latin America and the Caribbean.

Implications of climate change in the region

The effects of climate change are deployed throughout the world, overwhelmingly breaking social and ecological systems, generating a detriment in the enjoyment of a range of internationally recognized human rights such as the rights to life, physical health and mental, to food, water and sanitation, to adequate housing, to self-determination, among others. Added to this, it provokes a deepening of the pre-existing socio-economic vulnerabilities and differences in historically disadvantaged countries and groups.

Specifically in the case of the Americas and the Caribbean, this becomes more evident when there are currently several million people living in the path of hurricanes and low-lying coastal areas, which makes them victims of sea level rise. , storm surges and coastal floods. Even more so considering that several countries have a large proportion of their urban population living in areas less than five meters above sea level. As temperatures continue to rise, so does the risk of vector-borne diseases, such as malaria and dengue, aggravated by poor water and housing conditions, thus affecting the right to health of the population.

In addition, the rural poor in general, and indigenous groups, in particular, are especially vulnerable to climate change due to their dependence on small-scale agriculture and natural resources. Additionally, climate change differentially impacts more women. Indeed, the analysis of population censuses of natural disasters in 141 countries showed that “although catastrophes cause suffering to everyone, on average, they produce more fatalities among women than men, or they take the lives of more young women than men. “

In the case of Argentina, and more precisely in Córdoba, the cycles of floods and droughts caused by climate change are aggravated by the lack of planning and coordination of policies to combat their effects. In 2015, this situation led to the floods produced in almost all the towns of the Sierras Chicas, causing all kinds of damage – structural housing, economic and health – many still unsolved and, what is even more serious, the loss of human lives.

Adaptation and mitigation measures are not enough

The States of the region have adopted numerous measures in order to reduce the adverse effects of climate change. These are the so-called “mitigation and adaptation” measures; the first, referring to the intervention of man in reducing the emission of greenhouse gases, and the second, those that seek to moderate or avoid damage or take advantage of beneficial opportunities. The problem that arises with such measures is that in many cases they also violate or negatively affect the enjoyment of certain human rights, such as those that limit access to and use of natural resources, such as land, water and water. forests.

Por este motivo es que, luego de la entrada en vigor del Acuerdo de París (2016), todas las medidas que los Estados adopten deben “respetar, proteger y considerar sus respectivas obligaciones en materia de derechos humanos” y, en particular, “el derecho a la salud, los derechos de los pueblos indígenas, las comunidades locales, los migrantes, los niños, las personas con discapacidad y las personas en situación de vulnerabilidad y el derecho al desarrollo, así como la igualdad de género, el empoderamiento de las mujeres y la equidad intergeneracional”.

With an eye on the Framework Convention on Climate Change

If the request for a thematic hearing is approved, it will be held during the 172nd period of sessions of the IACHR, between May 2 and May 10, 2019 in Kingston, Jamaica. In addition, the following Conference of the Parties to the UNFCCC will take place in Santiago, Chile at the end of 2019, making the thematic hearing a preamble as a multi-stakeholder dialogue addressing this issue from human rights and with a regional perspective . Contributing thus to an articulation of themes conducive to the same objective: sustainable development with a focus on rights.

This new global context, where climate change is an unprecedented challenge, requires the IACHR’s innovative agency to set the standards and standards necessary for the States of the continent to advance at an accelerated pace towards a future with a safe level of greenhouse gases, allowing climate stability and with fully guaranteed rights.

As global warming continues to rise, basic human rights are at risk, affecting not only the present generations, but especially the generations to come. For all these reasons, and bearing in mind that the IACHR is the body in charge of the promotion and protection of human rights in the region, we consider it fundamental that the request for a thematic hearing presented be considered.

More information

Solicitud de audiencia temática ante la CIDH

Author

Ananda Lavayen

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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Revocation of the order to carry out studies on environmental contamination in Porta Hnos.’s case

On February 22, the Federal Court of Appeals of Córdoba, by majority vote, decided to revoke the resolution issued by the Federal Court No. 3 of Córdoba in the context of the Porta Hermanos case. In that resolution, studies were ordered on environmental contamination and possible pathologies present in the vicinity of the plant of Porta Hermanos S.A.

“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 Federal Court of Appeals made the appeal filed by the company Porta Hermanos SA, revoking the ruling by the Federal Court No. 3 in which the case is processed “CRUZ, SILVIA MARCELA AND OTHERS v MINISTERIO DE ENERGÍA Y MINERÍA DE THE NATION s / AMPARO ENVIRONMENTAL “. In this resolution Judge Vaca Narvaja ordered, on the one hand, the Environmental Research Center – Department of Chemistry of the Faculty of Exact Sciences of the National University of La Plata to inform the court the feasibility of carrying out a study on the possible environmental contamination at the Porta plant, and on the other hand, to the Dean of the Faculty of Medical Sciences of the same University in order to evaluate the possibility of carrying out an inspection on 100 people living in the vicinity of the plant to detect possible pathologies .

The majority vote, maintains that the aforementioned resolution violates the principle of procedural consistency since the measures ordered by the judge of first instance, do not correlate with the object of the amparo filed by those affected. Recall that the principle of procedural consistency implies that the court can not go beyond what was requested by the parties or base its decision on facts different from those that have been alleged by the parties. In this case, the Chamber also maintains that, even though the intervening judge is assisted by the powers provided for in Article 32 of Law 25,675 – which refer to a judge with an active role, concerned about the protection of a collective good such as is the environment-, they must be applied with restrictions. According to the court, these powers are limited only to knowledge of the positions of the parties, thus giving primacy to the principle of congruence over such powers.

Given this panorama, it is necessary to make certain precisions:

The vote analyzed, maintains that the purpose of the amparo revolves around elucidating whether the bioethanol plant of the company Porta Hermanos required:

  • Authorization to operate by the Ex Secretariat of Energy of the Nation
  • Conducting the Environmental Impact Assessment procedure before putting it into operation

The principle of congruence, the precautionary principle and the environmental perspective.

First, from the reading of the same resolution, it is clear that the “environmental protection” presented by the neighbors, has as its main object the “cessation of atmospheric environmental pollution” by the bioethanol plant of the company Porta Hermanos SA In this line, it is requested the closure and final closure of the plant attentive to not having complied with the procedure of Environmental Impact Assessment – “lack of legal authorization”. Well, if the claim focuses on the cessation of environmental pollution, it is fully consistent to determine the existence of such a phenomenon. Indeed, it would be impossible to stop a contamination, which in the facts has not been fully proven.

Without prejudice to this, the precautionary principle comes into play since, even in the face of uncertainty, the judge could not postpone effective measures for the protection of the environment. In the resolution analyzed here, the majority vote ignores the claim of the amparistas, which is closely linked to the measures ordered by the Federal Judge, not violating the principle of congruence.

The administrative authorizations can not be permits to pollute.

Second, even when the object of environmental protection is that identified by the Chamber, that is, the need for a legal authorization, it is necessary to consider that what underlies the formal administrative procedures for authorization is the protection of the environment. Thus, the formal permits constitute a presumption of safety of the activity enabled but do not imply a permission to pollute and damage the environment, so that, upon verification of a polluting activity, such presumption must yield.

In other words, the debate on the need for an authorization or not, basically, involves discussing whether such activity harms the environment in a way that would have required the prevention and / or management of damage through the impact assessment procedures environmental (in accordance with the provisions of Art. 11 of Law 25,675). Therefore, even in such an object, the measures ordered by the federal judge of the 1st Instance, are fully congruent.

The preventive role of the courts in environmental processes.

In the third place, the assertion made by the Chamber that the principle of procedural consistency prevails over the powers granted by Art. 32 of Law 25,675 (L.G.A), is questionable, if not erroneous.

In the processes where the environmental issue is debated, because of the well protected, the rights at stake and the particularity of the damage, it is necessary that the traditional procedural rules (read principle of congruence) are redefined from the environmental and human rights perspective. The judge acquires a preventive role and an active role in pursuit of the effective protection of the general interest, being able to adopt the necessary measures and measures (Art. 32 L.G.A). In such a role, the judge must act in favor of the protection of the general environmental interest, which acquires a preeminent value, modifying the traditional rules of the civil process, in order to prevent environmental damage, without falling into the stillness of allowing the pollution and thereby consolidate irreparable environmental damage. Under this pre-eminence, the principle of congruence is subverted, or cedes in favor of environmental protection.

It should be noted that the resolution adopted by the Federal Court of Appeals of Córdoba, is questionable as it erroneously defines the object of environmental protection as merely formal (determine the need for legal authorization), and ignores principles and fundamental rules of Argentine environmental public order. In addition, in this case the resolution revoked simply ordered measures to have more information of the current situation, something that has been the cause of successive public complaints by neighbors in the neighborhoods San Antonio and Inaudi.

It is unfortunate that a formalistic look away from reality prevents having more information, in order to better investigate and evaluate a situation of socio-environmental conflict that has been in our city for years.

More information

Author

Juan Bautista Lopez

  • Contact

María Pérez Alsina, mariaperezalsina@fundeps.org

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Bajo Grande again in environmental and health emergency

The Municipality of Córdoba once again extended the environmental and sanitary emergency in the Wastewater Treatment Plant (E.D.A.R.) of Bajo Grande and in the downstream areas. It did so through Decree No. 3413 and the measure governs for 180 days. Neighboring Chacras de la Merced claim that the actions committed are not being met.

“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 November 1, Mayor Ramón J. Mestre signed Decree 3413, which reinstates this part of the city of Córdoba in a state of environmental and sanitary emergency, by virtue of the status of the Bajo Grande plant.

The measure is in force for a period of 180 days, from the expiration of the terms of Decree N ° 15 dated January 12, 2018 (which extended the environmental and health emergency prepared in April 2017). Therefore, the deadline for the different departments of the Municipality to carry out all the actions contemplated in the Mitigation Plan would have ended last November.

This new emergency declaration recognizes the complex situation due to the contamination of the Suquía River, which continues to receive sewage effluents with minimal treatment or directly without treatment. For this reason, and the same determination had begun to take the municipality at least since 2014.

The decision was made after a court ruling that ordered the municipality and the province to implement a series of measures to mitigate the effects of pollution produced by the plant on the population, particularly in the Suquía and surrounding areas. Then, the measure was extended by Decrees No. 1220/15, 3745/15, 1292/2017, 015/18, and now by Decree No. 3413 in order to continue the mitigation plan for environmental and health effects. proposed for the Bajo Grande plant, located in the Chacras de la Merced neighborhood.

On the other hand, work continues on the expansion of the plant that according to the information provided by the Province once completed will benefit some 960 thousand Cordoban. These works would conclude in the second half of the year 2019.

Information requests: no satisfactory answers

In the month of March, and within the framework of the emergency decreed by the municipal government, together with Las Omas, civil association of neighbors of the Chacras de las Merced district, we made several presentations before the Secretariat of Government, Citizen Participation and Social Development, the General Secretariat, the Public Services Secretariat, the Ministry of Health and the Secretariat of Planning and Infrastructure of the Municipality of Córdoba. The orders requested information about the progress of the mitigation plan in Bajo Grande and downstream areas. Given the lack of response from the municipal administration, we present a prompt dispatch in the month of June.

The Ministry of Health was the only division that answered, but it did so incompletely and with information that contradicts what was reported by the people from the plant. While the municipality maintains that in the health centers of the area there is no shortage of stock and supplies and that human resources are sufficient to respond to the problems and affections of the neighborhood, the neighbors complain that “there are never enough medicines, ambulances do not want to enter the neighborhood because of the state of the roads and that there is only one doctor in the area who can not cope. In addition, the neighborhood health center only attends in the morning and when the doctor does not go, there is no replacement. ”

As reported by the Municipality of Córdoba, cases of Acute Diarrheal Disease (EDA) decreased between 2012 and 2017. However, in the Health Center No. 84 of the Chacras de la Merced District, in 2017 the cases of diarrhea increased with respect to 2015 and 2016, which shows that diseases that could be the product of water pollution persist and continue to affect the community.

Regarding this, Alida Weht, president of Las Omas, states that “the conditions did not diminish, what happens is that due to the large number of cases there are, people begin to naturalize them and stop consulting the health centers of the sector, for the lack of response and medicines for the treatment of these diseases. ”

The sanitary actions contemplated in the Mitigation Plan are: continue with the weekly evaluations of tracer pathologies (diarrhea, hepatitis, conjunctivitis, meningoencephalitis, HUS and others); ensure the provision of medicines and nursing supplies in a timely and sufficient manner; guarantee the availability of human resources for the care of patients in the affected area, with accompaniment and participation of the community; continue with networking with other nearby Health Centers and Institutions, among others.

However, Alida Weht, stated that there are currently numerous cases of gastroenteritis, dermatitis, conjunctivitis, skin and eye irritation, respiratory diseases and that the actions committed in the mitigation plan would not be fulfilled. “They are diseases typical of the area, having pneumonia every year is a normality,” he adds.

The situation of vulnerability that lives in the community located next to the purification station is, today, unsustainable and degrading. Similarly, the malfunction of the plant has persisted for years, even the employees of the plant have acknowledged that they have reached almost 100% of the untreated liquids in the Suquía River.

From FUNDEPS we are concerned about the continuity of a situation of environmental degradation and violation of human rights. As Juan Carballo, Executive Director of FUNDEPS, expresses, “the situation is very worrying: a context of serious and continuous environmental impacts would require minimum of the authorities to report on the situation permanently. That does not happen at present; an expansion of the plant without adequate citizen participation, a deficient operation but without certain data and unanswered information requests further aggravate the situation “.

The situation is even more worrisome, if we take into account that there are eight municipal officials charged by the federal justice for the situation of the Suquía River, there could be evidence that the contamination has reached the mouth of the Rio Primero in the Laguna de Mar Chiquita.

This demonstrates the failure of the mitigation plans assumed each time the environmental emergency has been decreed since 2014. It has also been clear that the actions implemented have not been sufficient to mitigate the effects of the contamination of the Suquía River; and the situation of lack of protection suffered by the people of the Chacras de la Merced neighborhood.

We renew once again the claim for a definitive solution to the pollution of the Suquía River and, especially, for the guarantee of the rights of those who have been and continue to be affected.

More information:

https://eldoce.tv/sociedad/de-rio-cloaca-preocupa-la-contaminacion-del-suquia-planta-bajo-grande-chacras-de-la-merced-municipalidad-de-cordoba_68471

Contact:

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

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We present a report on the human rights situation in Argentina before the IACHR

On October 30, the Inter-American Commission on Human Rights (IACHR) published a communiqué inviting civil society organizations and other interested social actors of the Organization of American States (OAS) to send information on the situation. of human rights in the region. This information will be used for the preparation of chapter IV A of the annual report of the IACHR corresponding to the year 2018 that will be presented to the General Assembly of the OAS.

“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”.

Each year, the Commission produces an annual report on the human rights situation in the region, reflecting the trends, challenges, advances and good practices that have occurred in the area of ​​human rights in the OAS member states during the year.

For the Annual Report of 2018, the Commission will emphasize the following axes: Democratic Institutionalization, Institutionality in Human Rights, Access to Justice, Citizen Security and Right to the Environment.

Together with lawyers and lawyers from the Argentine Northwest on Human Rights and Social Studies (ANDHES) we present a report on these axes in the areas we work on:

Institutionality in human rights

1. Hierarchical reduction of National Ministries of Environment, Culture, Health, Labor and Modernization and Communication
2. National Budget 2019
3. Comprehensive Sexual Education Law in danger

Access to justice

1. Preoccupation with the draft bill on collective processes
2. Access to the right to abortion in Argentina – Delay of justice in the case of Portal de Belén (by non-punishable abortion protocol in the province of Córdoba)
3. Access to justice for the elderly

Citizen security

1. Institutional Violence in Tucumán
2. Absence of mechanisms to prevent torture in Tucumán

Right to the Environment

1. Affectations to the right to health caused by the use of agrochemicals
2. Concern over project to amend the seed law
3. Failure to comply with the consultation and free, prior and informed consent of provincial law No. 5,915 to the detriment of the environment and the right to life and territory of indigenous communities in Jujuy.
4. Chinchillas Mining Project and the Pozuelos Lagoon in Jujuy
5. The indigenous community of Solco Yampa and the indiscriminate felling of trees in the province of Tucumán
6. Murder of Javier Chocobar in Tucumán

The cases presented in this report give an account of a general situation of regression of the fulfillment of human rights by the Argentine State. The exposed situations of vulnerability are particularly worrisome because they are part of a regional socio-political crisis context. In order to avoid the impact of cuts, the noncompliance with international standards and the promotion of public policies that do not attack the roots of structural inequality impact fully on the populations that are already in a situation of vulnerability, we ask the IACHR to publicly express concern about the state of compliance with human rights in the country.

More information

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Agrochemicals continue to affect the communities of Córdoba

During the month of October, we worked with the communities of Colonia Tirolesa and Falda del Carmen, two towns in Cordoba that for years suffer the consequences of the indiscriminate use of agrochemicals near populated areas. We accompany and support your claim trying to empower affected communities in the protection of health rights and a healthy environment.

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

We participated in the “Agrochemicals, Health and Environment” Conference in Colonia Tirolesa

At the beginning of October, the “Agrochemicals, Health and Environment” conference was held in Colonia Tirolesa, a town located 27 km from the city of Córdoba, dedicated to agricultural activities, in particular to the production of potatoes, soybeans and corn.

The meeting was a good opportunity to continue learning from the communities that live near fields that are frequently sprayed with agrochemicals. During this meeting, members of the community had the opportunity to express their concerns and feelings about this problem, including the diseases that affect them.

In addition, members of the “Epidemiology Group of the Digna Science” of Córdoba and Buenos Aires, showed the results of the survey carried out through Socioenvironmental Health Surveys, carried out in May 2017 in the neighborhood of the Colonia Tirolesa station, in around 76 homes. The aim of the surveys is to contribute to the visibility of the health problems presented by populations exposed to socio-environmental risks and damages, thereby strengthening the fight against the hegemonic model of agricultural production.

One of the most striking results was that, in the last 20 years, the biggest causes of death in the neighborhood are malignant tumors (30%) and respiratory causes (22%), with cardiovascular diseases being the third (19 %), being that at the national level the latter is the main cause of death.

We participate in the meeting through the development of community capacities regarding their right to health and a healthy environment. María, Coordinator of the Environment area, was in charge of teaching these rights and the different ways in which members of the community are able to claim them.

An agronomist was also present at this multidisciplinary event. There, he explained to the community that there are alternative forms of production, which do not imply any damage to health or the environment. His talk focused on agroecological practices and how to apply those practices in the field.

It was a very mobilizing event, because although residents of Colonia Tirolesa knew that the excessive and uncontrolled use of agrochemicals could affect their health and environment, they had not taken real dimension of the problem, until they were shown the results of the health surveys. It was a good opportunity for them to take a real awareness of the dangers of being permanently exposed to these agricultural chemicals.

Visit to Falda del Carmen

In October, we also met with neighbors of Falda de Carmen, a small city near Córdoba Capital, which for some years has been demanding a municipal ordinance that creates an Environmental Conservation Zone to prohibit the use of agrochemicals in the fields to populated areas.

During the visit, they told us about their beginnings in this fight against rural entrepreneurs and agrochemicals, how they were organized in the Neighborhood Environmental Commission and the different actions taken to raise awareness and raise awareness in the commune about this problem that affects them.

From FUNDEPS we committed to help the community of Falda del Carmen in the development of advocacy strategies and to support their claims in order to strengthen their human rights to health and a healthy environment.

Contact

María Pérez Alsina, mariaperezalsina@fundeps.org

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UN Committee ends report on Economic, Social and Cultural Rights in Argentina

The United Nations Committee on Economic, Social and Cultural Rights concluded on September 28 the fourth report of Argentina on the implementation of the International Covenant on Economic, Social and Cultural Rights.

After an interactive dialogue with the Argentine delegation, the Analysis Committee was integrated The report was presented by the State and also the information by civil society organizations through the shadow reports.

“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”

Main conclusions

One of the central issues addressed by the Committee was the financial crisis, because in a context where poverty rates continue, policies to reduce social programs have been implemented, deepening the vulnerability of some social groups. The Argentine State was also questioned about the situation faced by its government institutions, the degradation of some ministries to secretariats, and about the appointment of the Ombudsman.

On the other hand, he expressed his concern for the repression of social protest and access to the land of native peoples. In addition, although the Committee congratulated the adoption of the Gender Identity and Equal Marriage Law in the country, it drew attention to the lack of access to work and harassment in the educational system for LGBTI people, people with disabilities, migrants and women. He also asked the State about youth unemployment, informal work, and several issues related to education (school dropout, sexual and reproductive education and teaching of native languages).

Find more information on public education and comprehensive sex education.

Equality between men and women

Argentine women are affected by the unpaid work of family care, the low rate of labor participation, lack of universal provision of social services and low representation in senior positions in various sectors (particularly justice and the private sector). Therefore, the Committee recommends strengthening legislative provisions and public policies with assigned budgets, aimed at achieving equal rights for men and women, including a public system of comprehensive care, the implementation of measures against social stereotypes that affect women and the promotion of reconciliation policies between work and family life.

On equal opportunities for women and LGBTI people in media organizations, you may be interested in the following link.

Sexual and reproductive rights

Regretting that the bill of voluntary interruption of pregnancy was not approved, the Committee highlighted the high numbers of dangerous abortions in Argentina

and the obstacles to access to abortion in the causes foreseen by the current law, such as the lack of adequate medicines and the negative impact of conscientious objection by health professionals. He also highlighted the lack of a normative and institutional framework to guarantee adequate health services for intersex people.

Among its recommendations in this area, are the provision of contraceptive methods throughout the territory, as well as the adoption of effective measures for the effective implementation of the causes of non-punishable abortion in all provinces – under the provisions of the FAL ruling – and access to medications that allow a safe pregnancy termination. It also recommended the regulation of conscientious objection in order not to obstruct the rapid and effective access to abortion, with dignified treatment by health professionals for patients seeking access to abortion services, as well as not criminalizing women who resort to abortion. practice. Finally, it recommended adopting a normative and institutional framework to guarantee adequate health services for intersex people.

Violence against women

The Committee is concerned about the seriousness of violence against women and girls, with 251 femicides in 2017, despite some progress (such as the inclusion of the figure of femicide in the Criminal Code and the law of Integral Protection). For this, he urged the State to consider the needs of victims of gender violence in the judiciary, to implement free and specialized sponsorship services for women and to improve measures to guarantee the investigation, punishment and reparation of acts of violence , in order to achieve full protection for women and their children.

Feeding

On this point, the Committee regretted the absence of an explicit constitutional recognition and protection of the right to food, the lack of implementation of the Family Agriculture Law No. 27,118, budget and personnel cuts in the family agriculture sector and the increase of people who depend on school and community dining rooms.

He also expressed concern about the increase in the rates of overweight and obesity, the absence of state measures to reduce the consumption of sugary drinks and the lack of adequate regulation to restrict the advertising of unhealthy foods.

In this sense, its main recommendations were to adopt a normative framework that expressly recognizes the right to food and that guides public policies that ensure a healthy, nutritious and sufficient diet, especially for disadvantaged groups. This includes ensuring the effective implementation of the Family Farming Law and taking effective measures to discourage the consumption of foods and beverages harmful to health. At this point, it was even recommended to increase the tax on sugary drinks, strengthening the regulation of the Argentine Food Code in terms of front labeling of foods, including information on sugar in the products, and implement restrictions on the advertising of food and drinks harmful to health, particularly those intended for children and adolescents.

Learn more about food labeling and consumption of sugary drinks.

Health and tobacco use

The high consumption of tobacco has a great negative impact on the health of people in Argentina. The regulation of taxes on tobacco is insufficient and the regulation on advertising campaigns is precarious, so the Committee recommended to our State to adopt more robust measures for the prevention of consumption. Among these, mention is made of the tax increase at a level sufficient to have a deterrent effect on tobacco consumption, the prohibition on advertising, and information campaigns on the negative impact of tobacco on health, with emphasis on the protection of tobacco products. children and youth

In addition, he urged the State to ratify the WHO Framework Convention on Tobacco Control and to adjust the internal regulations on the advertising of tobacco products to the standards established in this Agreement.

Here you can read more about the tobacco control framework agreement.

Mining and the environment

The use of certain unconventional methods of exploitation of hydrocarbons, such as fracking, and the local impact of these forms of exploitation were another concern of the Committee. In particular because of the negative impact they can have on the environment, water and health. Therefore, the country was recommended to adopt a fracking regulatory framework that includes assessments of its impact in all provinces, prior consultations with affected communities, and appropriate documentation of its effects on air and water pollution, emissions radioactive, the risks to health and safety at work, the effects on public health, noise pollution, light and stress, seismic activity that can trigger, threats to agriculture and soil quality, and to the climate system.

Agriculture, healthy environment and health

The increase in the use of pesticides and herbicides that include glyphosate is worrisome, despite the serious adverse impacts on health and the environment of many of them, indicated as probably carcinogenic by the International Agency for Research on Cancer (IARC). ) of the World Health Organization.

In this regard, the Committee recommended that Argentina adopt a regulatory framework that includes the application of the precautionary principle regarding the use of harmful pesticides and herbicides, particularly those that include glyphosate, to prevent negative health impacts from its use and in the degradation of the environment.

On the application of agrochemicals, you may be interested in the following link.

 

Writer: Mayca Balaguer

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Escazú Agreement: An opportunity to guarantee the application of Principle 10 in LAC

“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