Tag Archive for: Access to Justice

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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

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We urge the accession of Argentina to the Escazú Agreement

Through a letter addressed to the former Ministry of Environment and Sustainable Development and another to the Ministry of Foreign Affairs and Worship, we request the signature and adhesion of the Argentine government to the Escazú Agreement. The agreement will be open for signature from September 27, 2018 and needs 11 countries in the region to sign and ratify 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”

The Escazú Agreement is the “Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean,” adopted in Escazú, Costa Rica, on March 4, 2018 , by 24 countries in Latin America and the Caribbean, including Argentina. After a negotiation process that formally began in 2012 at the Rio +20 Conference with the Declaration on the Application of Principle 10 of the Rio Declaration on Environment and Development in Latin America and the Caribbean, it was adopted an agreement that seeks to guarantee the effective implementation of access rights: access to information, public participation and access to justice in environmental matters. It will be open for signature by the 33 countries of Latin America and the Caribbean at the United Nations headquarters in New York, from September 27, 2018 to September 26, 2020, and will be subject to subsequent ratification, acceptance or approval of the States that have signed it. At least 11 countries must sign and ratify it so that it can enter into force. In order to achieve the entry into force of the Escazú Agreement, we presented a letter addressed to the former Minister of Environment and Sustainable Development, Rabbi Sergio Bergman, and another letter to the Minister of Foreign Affairs and Worship, Jorge Marcelo Faurie, requesting the signature and adhesion of the Argentine government to the regional agreement. At the same time, we urge you to support the efforts of the governments and civil society organizations of Latin America and the Caribbean to invite the other governments of the region to sign this important treaty. In the letter addressed to the national authorities we highlighted the importance of the regional agreement since it is the first treaty on environmental issues in Latin America and the Caribbean, as well as the first in the world to guarantee the protection and safety of people, groups and organizations defending human rights in environmental matters. We hope that Argentina, as well as the other countries of the region, will sign and ratify the regional agreement on Principle 10. In this way we will have an international instrument to reaffirm the right of all people to a healthy environment and sustainable development, the fight against inequality and discrimination, as well as ensuring the participation of citizens in decisions that affect their lives and environment.

 

More Information:

Writer: Ananda Lavayen

Coctact:

María Pérez Alsina: mariaperezalsina@fundeps.org

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We participated in the Discussion on access to justice for the elderly in Córdoba

On June 18, 2018, within the framework of the Project AJuV- for the Promotion of Access to Justice of Vulnerable Groups- of the Office of Human Rights and Justice of the Judicial Branch of Córdoba – Argentina, an external consultation session was held. on access to justice for the elderly in the province of Córdoba, which included the participation of numerous organizations that work locally to promote the human rights of older people, including FUNDEPS.

The AJuV Project aims to develop contextual action strategies that allow access to justice for vulnerable groups. These actions consist of: virtual training courses for all judicial personnel, publication of normative compendiums with summaries in simple language for the social dissemination of rights, awareness-raising events to address the legal culture in relation to vulnerable sectors and the preparation of action protocols for judicial personnel.

The latter will be the daily consultation tool for those who provide justice in cases involving people belonging to the vulnerable group.

In order to enrich the assembly of the protocols, the Discussion generated a space for communication and debate with relevant organizations and actors for the promotion of access to justice, discussing obstacles, good practices and cross-cutting recommendations to different groups in conditions of vulnerability in Córdoba.

It is expected that this type of initiative can generate measurement indices about the levels of effectiveness of the policies implemented and that those responsible be established to monitor and comply with the policies that guarantee the access of the elderly person to justice.

Author

Laura Alesso

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

We launched the Network of Organizations against Corruption

“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”

 

Poder Ciudadano, el Centro de Investigación y Prevención de la Criminalidad Económica (CIPCE), la Asociación Civil por la Igualdad y la Justicia (ACIJ), Fundación Nuestra Mendoza, Centro Latinoamericano de Derechos Humanos (CLADH), Acción Ciudadana Areco, Fundación para el Desarrollo de Políticas Sustentables (FUNDEPS), Fundación Transparencia Ciudadana y, la fundación Salta Transparente; We make up the Network of Anti-Corruption Organizations, with the aim of generating a concrete impact on public policies linked to the prevention and mitigation of corruption in all corners of the country.

Argentina is going through a crisis of systemic and structural corruption, which will continue to worsen as long as public policies and deep institutional reforms are not carried out, aimed at preventing and diminishing this scourge. In view of this situation, civil society organizations in general, and those working in the strengthening of democracy and the fight against corruption in particular, face great difficulties to achieve an effective impact on this issue; This is why it is necessary to propose a new strategy of systemic approach to generate substantial reforms.

The R.O.C.C. It was conceived as a dynamic space that will allow all its members to generate greater incidence in public policies, promote citizen participation and access to public information as essential tools in the fight against corruption, and even take concrete judicial actions jointly .

Among the objectives is the generation of discussion spaces on different problems related to the phenomenon of corruption and intervention mechanisms; the joint work in advocacy for the implementation of public policies whose purpose is to generate integrity systems at all levels of the State; and advise other social organizations on the implementation of anti-corruption tools and social control of public management.

Contact

Agustina Palencia <agustinapalencia@fundeps.org>

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Complaint for illegal environmental activities in Alta Gracia

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

 

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

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

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

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

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

More information

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

Author

Noelia Salvia

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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

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

 

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

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

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

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

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

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

Image credit

Dejusticia

More information

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

Contact

Victoria Gerbaldo – victoriagerbaldo@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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

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

 

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

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

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

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

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

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

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

Author
Victoria Gerbaldo, <victoriagerbaldo@fundeps.org>
Contact
Juan Carballo, <juanmcarballo@fundeps.org>
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Introducing amicus curiae to defend the right to information and health

“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 August 10, we made a presentation before the Colombian Constitutional Court to clarify the content and scope of the fundamental right to health. An amicus curiae (friend of the court or friend of the court) is a presentation made by a non-litigious third party, where he voluntarily offers an opinion on some aspect of law, to collaborate with the court in the resolution of the litigation.

The Colombian Association of Consumer Education (Educar Consumidores) launched in August 2016 a campaign called “Take care of your life – Tómala en Serio”, which sought to provide information on the harmful health consequences of regular consumption of certain sugary drinks. In the framework of this campaign, a video was broadcast on television and on radio that showed the high sugar content of these beverages, connecting these behaviors with health complications such as diabetes or obesity, which occur both in Colombia and throughout Region of Latin America. Postobon S.A., a sweetened beverage company from Colombia, denounced this video before the Superintendency of Industry and Commerce (SIC). As a result, the SIC prohibited by resolution 59176, the dissemination of the commercials alleging that it was “misleading advertising” for not having scientific or medical support for their assertions.

Resolution 59176 issued by the SIC ordered Educar Consumidores to cease the dissemination of the commercial. Also, it ordered to send to the office of the Delegation of Research and Consumer Protection of the SIC, any advertising piece that in the future wishes to transmit on the consumption of sweetened beverages (BBAA) before its publication. This restriction would apply to any medium of communication, including social networks; And the SIC established it with the objective of exercising prior control over it and deciding whether to authorize its publication and dissemination or not, under penalty of fine.

Faced with this situation, Educar Consumidores filed a lawsuit claiming for violation of its freedom to express itself in a matter of public interest. At the same time, Dejusticia filed a supplementary legal action claiming that the resolution of the SIC violated the right of consumers to access relevant information. After different instances and a very good decision of the Supreme Court of Colombia that was already commented by FUNDEPS, both cases were accumulated by the Constitutional Court. In this instance, the Constitutional Court will have the opportunity to clarify the limits of the commercial discourse and its differences with the awareness campaigns. At the same time, it may raise the relevance of access to information to ensure the right to health and to make consumer decisions with adequate information.

The amicus presented together with FiC Argentina provides arguments of international human rights law that we consider relevant for the resolution of the case. With this intervention, we hope to contribute to the solution of a case that we consider to be of extreme importance for both Colombia and the rest of Latin America. Judicial processes like this have great repercussions both globally and regionally, as they generate valuable jurisdictional background on the important issue of healthy eating.

The foundations of the amicus curiae seek to demonstrate that the measures adopted by the SIC resolution mean a violation of human rights obligations at different levels, while weakening the possibilities of responding to a global epidemic of malnutrition and obesity. On the one hand, it violates the freedom of expression of a civil society organization, it is even a clear prior censorship regarding its action in the public sphere. It also implies a violation of human rights obligations as it violates the recommendations of monitoring bodies on how to deal with the obesity epidemic. Different bodies and specialized offices such as CDESC, CRC or rapporteurs for the right to health or the right to food have pointed out that the obesity epidemic is definitely a human rights problem affecting a vulnerable population: children And adolescents.

From FUNDEPS and FIC Argentina we believe that this decision will have relevance both within Colombia and at the regional level. The growth of obesity – with a particularly strong impact on children and adolescents – and the strong presence of advertising strategies in the food industry are repeated throughout the region. Chronic noncommunicable diseases are the leading cause of death in the world. It is the duty of the State to respect, guarantee and protect the rights of its citizens, especially when dealing with fundamental issues such as the protection of health. Therefore, the decision of the Court in this case will be important beyond the borders of Colombia.

More information

– Amicus Curiae presented at Colombian Constitutional Court

Author

María Victoria Gerbaldo

Contact

Agustina Mozzoni – agustinamozzoni@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

Concern over a Supreme Court decision that weakens human rights treaties in Argentina

A recent decision from the highest tribunal of Argentina finds that it is not mandated to change its decisions, even when these decisions were found to be violations human rights by the Inter-American Court of Human Rights.

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

 

On February 14, 2017, the Argentine Supreme Court rejected the presentation of the Directorate of Human Rights of the Ministry of Foreign Affairs and Worship, which requested that, as a result of the ruling of the Inter-American Court in the case “Fontevecchia et al. C / Argentine Republic, “a final judgment of the Supreme Court would be rendered null and void. The Inter-American Court of Human Rights had established that the Argentine Supreme Court should annul a civil conviction against two journalists that was understood as a violation of freedom of expression.

The new jurisprudence of the Supreme Court represents a disturbing change in the sustained jurisprudence that had allowed to position the Argentine right in a place of vanguard at regional level with respect to the scope and normative value of the international human rights treaties. According to the new criterion, the Inter-American Court of Human Rights has no jurisdiction to order review of Supreme Court rulings that violate human rights.

This is a serious setback in human rights, which weakens the value of the inter-American system of protection and places the Supreme Court practically outside the state structure, without the possibility of its decisions being reviewed in that supranational instance. In this way, the Supreme Court states that its decisions would be the only state acts unrelated to the control of human rights tribunals, further limiting their accountability.

This Supreme Court jurisprudential change confirms the fears expressed by many organizations, academics and human rights experts, including FUNDEPS, when a little more than a year ago we objected to the nominations of Drs. Rosenkrantz and Rossatti. Some of the criticisms we made at that time pointed to their doctrinal positions contrary to the full validity of international human rights treaties.

In short, we reject the criterion of our highest court and hope that it will be modified to avoid weakening the system of protection of human rights in our country.

More information

Contact

Juan Carballo, Executive Director

Let’s all engage in the elaboration of the regional agreement on environmental matters

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

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

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

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

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

Best regards,

Juan Carballo, Executive Director

Yamile Najle, Coordinator of the Human Right Area

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

Right of access in environmental matters. Towards a Latin American regional convention. Fourth meeting on focal points: negotiations begin.

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

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

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

Regional Convention for Latin America

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

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

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

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

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

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

Contacts:

info@fundeps.org

Translated by: Arianna Tamanini

Concerns on the ICIM potential weakening in the review process being carried out by the IDB

The changes put in place by the bank suggest a deliberate weakening of the Mechanism, especially in terms of accessibility and independence, aspects that are crucial for creating an effective and efficient instrument.

The Independent Consultation and Investigation Mechanism (ICIM) is an independent mechanism within the institutional framework of the Inter-American Development Bank (IDB) which aims to respond to worries and complaints of individuals or communities affected by “some direct damage which is both unfavourable and substantial, as a consequence of the Bank’s posible breach of some of it’s operating policies in an operation financed by the institution”.[1] At the same time it is trying to improve social and environmental results of the bank’s operations through its actions. Hence, the importance of this instrument for the protection of the environment and human rights in countries where the bank operates: and the worrying outcome of the changes that they are trying to introduce, that imply a clear weakening of the Mechanism and a clear step backwards in the process of strengthening itself, which started in 2010.

In 2010 the ICIM rightly replaced the failed and inefficient Independent Investigation Mechanism (IIM), which represented a good bet for the Bank to strengthen and make the mechanism more efficient. However, in the year 2013, they started new revision, which resulted, through the first phase of public consultation, in the elaboration of a draft policy revised by the ICIM, which was published by the Bank recently. The document was submitted to a second phase of public consultation that was recently finalised, last September 15th, where the bank received the opinions and commentaries of civil society at the same time.

It is under this mark that a group of more than 20 civil society organisations from different countries [2] are sending a document of Commentaries to the Revised Draft Policy, expressing their concerns about the changes that the bank are putting in place. The document, in which FUNDEPS has had active involvement, underlines the huge setback that the Bank’s proposal suggests, above all in terms of Accessibility and Independence of the Mechanism, and has set out a series of criticisms and recommendations, which include:

  • The revised policy not only represents a weakening and setback in relation to the mechanism which is still in place, but also in relation to the rest of the issuing mechanisms of existing accounts of institutions that are similar to the BID. Despite the majority of the mechanisms of said institutions have to facilitate and promote the access to its mechanisms: The BID  is trying to do the opposite by establishing a mechanism that is barely accessible, barely independent, and even less reliable or effective;
  • The Revised Draft Policy establishes dispositions that keep independence of the mechanism in check in addition to creating a lot of unnecessary obstacles that prevent access to it and makes the presentation of a request on behalf of those affected more complicated;
  • Over the course of the Bank’s revision process, a series of irregularities and scams have been noticed, especially those concerning Public Consultation and the inclusion of comments on civil society, which puts the legitimacy of the process in doubt; consequently the bank has to establish a participative and inclusive implementation process for the new mechanism which allows us to soften said irregularities.

In turn, the document raises a wide and detailed series of commentaries and suggestions regarding the revised draft policy in terms of implementation; Accessibility, Independence; Effectiveness; Structure, mandate and process; Terminology and definitions. (See full document)

FUNDEPS has been actively participating in the revision process of the ICIM (see communiqué “Organisations of civil society call for the IDB to carry out a effective and participative public consultation process for the second revision phase of the ICIM”) trying to avoid the weakening of the Mechanism, which would clearly result in the slightest possibilities of an amendment for those affected by the projects financed by the banks. Accordingly, and in the mark of its participation in the month of October in the next Annual Meeting of the World Bank and the IMF in Washington DC, the global governability team from FUNDEPS will carry out meetings regarding the Executive Board of the Bank and the personnel from ICIM with the aim of expressing the strong concerns of civil society regarding the revision of the Mechanism and avoiding the weakening of the Mechanism.

More information:

– The ICIM Website

– Proposal of Revised Policy

– Summary of the Main Proposed Changes

– Policy of the Independent Consultation and Investigation Mechanism 2010 (actualmente en vigencia).

Attachments:  Comments to the ICIM Revised Draft Policy -IDB_-English.pdf

Contact:

Gonzalo Roza – Coordinator of the global governability programme
gon.roza@fundeps.org

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[1] See section of the ICIM on the IDB Website: http://www.iadb.org/es/mici/inicio,7736.html  [2] Accountability counsel of the USA-Environmental association and society of Colombia- Interamerican association for Environmental Defence (AIDA) in Mexico- Center for International Environmental Law (CIEL) in the USA – Commission for Justice and Peace in Colombia – United communities macroproject El Dorado Airport Colombia – AC Cooperative of Foundations in Mexico – Environmental right and natural resources (DAR) IN Peru – Ecoa in Brazil – EarthRights international in the USA- Foundation for the Environment and Natural resources (FARN) in Argentina – Public prosecutor for the environment (FIMA) in Chile – Citizen’s participation forum for justice and human rights (FOCO) in Argentina – Fundar, Analysis and investigation centre, AC in Mexico- Foundation for the development of sustainable policies (FUNDEPS) in Argentina- Human Rights Clinic at the University of Texas at Austin, School of Law in the USA- Human Rights Council in Ethiopia- Jamaa Resource initiatives in Kenya- Natural Justice in South Africa- Project on Organizing, Development, Education, and Research (PODER) in the USA – Social justice connection in Canada- centre for research on Multinational Organisations (SOMO) in Holland- Yansa foundation in the USA

Translation by: Luke Sidaway