Tag Archive for: Principle 10

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We repudiate the criminalization of Environmental and Territorial Defenders of Punilla

Within the framework of the protests that have been taking place against the Punilla highway project, some of the environmental defenders who resist the progress of the project were summoned for indictment and in some cases there were arrests by the judicial authorities.

“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 defenders of the territory and the environment of Punilla have been resisting the advancement of the Punilla highway project for a long time. In the course of this resistance they are victims of different acts of institutional violence. We celebrate the ruling issued by the Court of Control and Misdemeanors No. 9 that resolves to make room for collective habeas corpus of a preventive nature presented in favor of the human rights defenders of Punilla, Paravachasca and Sierras Chicas.

In recent weeks, some land and environmental defenders have been suffering police persecution, submission to criminal proceedings, accusations by prosecutors, and there have even been arrests. Crimes such as threats and resistance to authority are attributed to them, within the framework of the various social protests that have been taking place around the advance of the Punilla Highway.

It should be noted that in a context of struggle and resistance for the defense of the environment, the demonstrations or actions given in the exercise of the right to protest cannot be distorted and manipulated for the illegitimate application of the penal system (which usually happens). Criminalization as a strategy to intimidate, disqualify the environmental claim and justify the use of public force and repressive mechanisms -deprivation of liberty-, constitute a grave and serious violation of fundamental rights and compromise the international responsibility of the State ( Escazú Agreement between them).

The persecutions, accusations, investigations and arrests ordered against Punilla’s defenders raise alarms and demand attention. Well, there are nuances that place the actions of the State under suspicion of criminalization as a method to silence social protest. The alleged threats or acts of resistance to authority, on which the accusations were based -according to what the defenders stated- were in the framework of a legitimate collective claim -social protest sustained over time- in an act in defense of the environment against of a project undertaken by the State. This should alert the authorities so that measures are taken to guarantee the protection of their human rights, and take extreme care in the event of any deprivation of liberty or violation of any other right.

The criminalization of environmental defenders stigmatizes while constituting an intimidation tending to frighten and as a consequence weaken the activities of defense of the territory and the environment until their disappearance. It is a duty of the State to protect the right to defend the environment and implement action measures that promote a safe environment free of violence, and that any human rights violation against it be investigated.

In this context, on August 24, the Judge of Control and Misdemeanors No. 9, in the case “Rocío Loza, habeas corpus” (File No. 11120830), in a novel and exemplary ruling, gave rise to a preventive collective habeas corpus directed to protect the fundamental rights of human rights defenders in environmental matters, residents of the valleys of Punilla, Paravachasca and Sierras Chicas. She points out that the institutional violence that the police of the province have been exercising against environmental defenders is serious and cannot be ignored by the State, which has the obligation and responsibility to give adequate custody to the environmental group in compliance with Escazú.

It also states that the members of the police forces are in charge of caring for society, “(…) those who must, with the power conferred by law, guarantee that all the inhabitants of this province live a life within the framework of the full enjoyment of individual rights, with the limit of respect for the rights of others, but without this being used as an “excuse” or argument to curtail other rights, in this case, those claimed by the environmental collective”.

It also states that the members of the police forces are in charge of caring for society, “(…) those who must, with the power conferred by law, guarantee that all the inhabitants of this province live a life within the framework of the full enjoyment of individual rights, with the limit of respect for the rights of others, but without this being used as an “excuse” or argument to curtail other rights, in this case, those claimed by the environmental collective” .

In that same sense, in an innovative sentence, the Judge resolves: to exhort the police of the Province of Córdoba to refrain from carrying out measures that imply limitations or threats to the freedom of movement of environmental defenders of the indicated localities; urge the Police Chief of Córdoba to inform police personnel that, according to protocols and current legislation, “deprivation of liberty only proceeds exceptionally and when it is absolutely necessary”; to recommend to the Government of Córdoba the elaboration of a protocol aimed at specifically regulating the practices and criteria of the security forces in social demonstrations that demand the protection of constitutional rights; entrust the Chief of Police to inform the provincial police of this sentence.

From Fundeps we repudiate the criminalization of environmental defenders, we urge the authorities to safeguard and protect the fundamental rights of those who resist and fight to defend the Cordovan environment, and we celebrate the recent ruling which constitutes an important advance in the recognition and defense of rights of the environmental group.

 

Author

  • Laura Carrizo

Contact

  • Laura Carrizo, lauracarrizo@fundeps.org
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Córdoba will implement Comprehensive Environmental Education

The Legislature of the Province approved the bill through which it adhered to the National Law of Comprehensive Environmental Education.

“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 session of the legislature on June 29 of this year, Law No. 10,823 was approved. This incorporates comprehensive Environmental Education with a perspective of sustainable development as a public policy.

In turn, it establishes the Ministry of Education and the Secretary of the Environment as enforcement authorities. Its role will be to design and implement actions aimed at incorporating this perspective in the field of formal, non-formal and informal education.

During the sessions in the Committee on Environmental Affairs, several civil society organizations made contributions and highlighted the value of membership. From Fundeps we recommend the incorporation in the institutional architecture of the Committee for the Executive Coordination of the Jurisdictional Strategy. Let us remember that this authority is in charge of designing the content of the strategy to implement Comprehensive Environmental Education.

Likewise, we consider it opportune to incorporate the local Consultative Council into the project as a device for citizen participation of groups and organizations of civil society (among others), in the development and management of educational public policies. This body is incorporated in the National Law.

This process turned out to be valuable, since the text that was finally approved emerged from it. The first of the recommendations was incorporated into articles 4 and 5 of the law. As for the Council, it was not incorporated as such. However, the Committee was empowered to request collaboration from trade union organizations, teachers, representatives of the student, scientific, academic and civil society sectors (among others) that express an interest in comprehensive environmental education. Although its incorporation as a stable body with effective participation would have been opportune, given that as stated this possibility is subject to the decision of the Committee, the truth is that this consultative power can become a duty in the terms required by the Agreement from Escazu.

 

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Juan Bautista López, juanbautistalopez@fundeps.org

*Photograph taken from the press of the Government of Córdoba

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Representatives of the public will be elected under the Escazú Agreement

The Secretariat of the Escazú Agreement called interested persons to present their candidacies until August 31, 2022.

“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 Rules of Procedure of the Conference of the Parties (COP) approved in the first COP of Escazú during April of this year, establish the need to integrate the institutional devices of Escazú with people representing the public.

Within this framework, the Secretariat of the Agreement summoned interested persons to present their candidacies until August 31 of this year. For such purpose, it elaborated a regulation that establishes the procedure of the election in its totality. Six will be the people representing the public who will divide their roles in the Board of Directors of the Agreement (1 representative), in the Conference of the Parties (two seats) and in the Committee for Support of the Application and Compliance composed of (CAAC).

According to this regulation, those who are interested in presenting a candidacy must:

  • Be nationals or residents of any of the countries that make up Annex I of the Escazú Agreement (signatory countries).
  • Be registered in the so-called Regional Public Mechanism.
  • Not having had a labor relationship with the State (national, provincial or municipal) 12 months prior to the election.
  • Submit the forms attached to the regulation.

On the other hand, the elections will be held on November 2 and 3, 2022. To take part in the vote, interested persons must register with the Regional Public Mechanism. The closing of the register will take place 15 business days after August 1, 2022 (date of the call). It is not clear whether these working days will be according to the calendar of the country in which ECLAC has its headquarters, although assuming that there are no holidays in the referred period, the closing of the register would be on August 19, 2022.

The election of the representatives constitutes a valuable and innovative process for the region. We encourage active participation in the voting process and election of candidates, trusting that it constitutes a fundamental opportunity for visibility and demand in the enjoyment of access rights, and in a framework plagued by conflicts and environmental problems.

Documents of interest

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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We adhere to the statement against the aggression against environmental defenders at the UNC

Within the framework of the “Educational Forum: skills for global citizenship”, the current and outgoing rector of the University, offended environmental defenders who were demonstrating before representatives of the Andean Development Corporation on the Punilla highway.

“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 June 15 at the UNC, an event was held in which representatives of the Andean Development Corporation (CAF), a multilateral financial institution that finances the Punilla highway project, were present. In this context, the environmental defenders demanded that the CAF authorities violate the environmental safeguard systems, and the impact on the environment that the project implies.

Faced with this intervention, the current rector of the National University of Córdoba, Hugo Juri, who represented the institution at the conference, publicly offended environmental defenders by associating their actions with the financing of institutions linked to the Nazi genocide, among other sayings.

This undoubtedly constitutes an act of violence and intimidation that seriously affects the guarantees incorporated in the Escazú Agreement. It is that the art. 9th of the treaty protects environmental defenders, guaranteeing them a safe and conducive environment for the exercise of their rights to protest, opinion and freedom of expression. In addition, it obliges the authorities to adopt measures to prevent and punish attacks, threats or intimidation.

In repudiation of the actions of the rector Juri, we adhere to the statement made by the teachers and researchers of the UNC, requesting the retraction and request for an apology towards environmental defenders, and we demand the adoption of measures that protect their fundamental rights.

 

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Juan Bautista Lopez, juanbautistalopez@fundeps.org

 

*Photo taken from the Museum of Anthropology website

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What is the progress of the Yolanda Law in Córdoba one year after its sanction?

The provincial adherence to the Yolanda Law of mandatory training in environmental matters for people who exercise the public function completed one year. After the stage of construction of basic training guidelines, the Executive Power began to dictate the training.

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

In May 2021, the Provincial Legislature passed Law No. 10758 of the Province’s adherence to National Law No. 27592. This provides for mandatory training on the subject of the environment, with a perspective of sustainable development and with special emphasis on climate change. for all people who perform public functions at all levels.

Although the regulations cover the three powers of the State, to date only the beginning of the training in the field of the Executive Power has transpired. Due to this situation, and given the importance of generating this type of training for those who design and implement public policies or resolve environmental conflicts, monitoring its implementation is essential.

For this reason, we ask the three powers of the State for public information on the degree and progress in the implementation of the law. The request for access to public information becomes an important tool when the data is not available to citizens, as long as there is a response from the authorities.

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Contact
Juan Bautista López, juanbautistalopez@fundeps.org

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A judicial resolution with a focus on environmental defenders

Within the framework of the neighborhood camp in the town of Molinari for the construction of the Punilla Highway, the Cosquín Control Court resolved a habeas corpus action. In the resolution, the Court highlighted the obligation to guarantee a safe environment for environmental defenders in accordance with the standards set by the Escazú Agreement.

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

As reported in the media, during the first weeks of May a self-convened group of neighbors was camping in the town of Molinari as a way of protesting against the construction of the Punilla highway. In favor of this group of people, a habeas corpus action was filed before the Control Court of the city of Cosquín.

Let us remember that this action is foreseen in article 43 of the National Constitution. In short, its purpose is to protect the physical freedom of people against any real threat or actual deprivation of liberty that is illegal (arrests/detentions).

After analyzing the situation, the Court gave the reasons why it considered that the requirements for the origin of habeas corpus were not met. He considered, based on the evidence collected, that no illegal arrest or detention had been carried out, nor was there a certain and imminent threat of deprivation of physical liberty.

However, the Court considered other rights at stake, such as the right to protest, petition the authorities, and opinion, among others. Thus, regarding the way in which the eviction of the neighbors by the security forces took place -according to his statements-, he considered that this should be the subject of investigation by the corresponding bodies (Prosecutor’s Office) forwarding a copy of the performances.

What is interesting and novel about the resolution is that, going beyond the strict object of the habeas corpus action, the Court assessed the statements of the neighbors in relation to what happened and the environmental nature of the protest. In this approach, he recommended to the police authorities and the Prosecutor’s Office that a safe environment be guaranteed for the exercise of these rights -as long as other rights are not affected-, citing and applying article 9 of the Escazú Agreement on environmental defenders. 

This treaty, let us remember, is the only international instrument that guarantees environmental defenders specific standards of protection of their rights. This protection framework is due to the fact that Latin America and the Caribbean is the most dangerous region for environmental defenders (227 deaths in 2020 according to the Global Witness Foundation).

Although the Escazú Agreement has been in force for a year, the resolution of the Cosquín Control Court would be the first judicial precedent in the Latin American and Caribbean region to apply the provision on environmental defenders of Escazú to guarantee a safe environment in accordance with recorded to date Even in the absence of specific regulations at the local level, these clauses are fully operational and must be applied by all state authorities. Undoubtedly, the jurisprudential advance constitutes a strong impulse on the road towards the effective implementation of Escazú.

 

See judicial resolution of the Control Court

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Juan Bautista Lopez, juanbautistalopez@fundeps.org

 

*Photo taken from La Izquierda Diario

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The eviction in Molinari and the guarantees of the Escazú Agreement

According to their testimony, the neighbors who claim against the Punilla highway project were violently evicted by the Provincial Police personnel from the camp they were carrying out in the vicinity of Molinari.

“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”.

According to what they said, the security forces arrived at the camp in the early hours of the morning and evicted them illegally, using violence and without a court order. There, the neighbors, environmental defenders in the terms of art. 9 of the Escazú Agreement, they protested in a peaceful way.

These types of actions that oppose peaceful protest by the security forces, violate fundamental rights such as the right to protest, association, opinion and expression, putting personal integrity at risk, protected by the international instruments and by the National Constitution. In addition, they constitute a serious violation of the specific provisions incorporated in the Escazú Agreement.

Let us remember that the Agreement is an international treaty that is in force in the Argentine Republic and whose provisions must be fulfilled and respected by all state authorities, including the security forces and authorities of the three state powers.

Article 9 of the treaty obliges these authorities to guarantee environmental defenders a safe environment to act without threats, restrictions and insecurity. For its part, it obliges them to take adequate and effective measures to protect and promote the rights:
– to the life
– to personal integrity
– to freedom of peaceful assembly and association
– to circulate freely
– to exercise the rights of access to information, public participation and justice.
Likewise, it obliges to adopt appropriate, effective and timely measures to prevent, investigate and punish any attack, threat or intimidation.

These measures must be adopted by all authorities, even in response to the actions of the security forces. Along these lines, a specific and differentiated duty is generated in those state institutions whose purpose is the protection of fundamental rights, such as the Ombudsman’s Office, the Ombudsman for Children and Adolescents, Senaf, the Public Ministry or judicial offices.

In this framework, the legal system has some instruments for the specific protection of rights. Thus, habeas corpus serves to protect the person from any act that imminently and seriously threatens the loss of their physical freedom (without this preventing the authorities from acting in the event of a crime); or in the face of the effective deprivation of physical liberty, for example, in cases of arbitrary and illegal arrest or detention.

On the other hand, the amparo action allows protecting other constitutional rights (strike, protest, freedom of assembly or association, etc.) against violations by the State or individuals.

On the other hand, there are procedures that can be activated in the face of institutional violence, such as complaints for the commission of crimes by the security forces; complaints before the National Directorate of Policies against Institutional Violence, among others.

In this catalog, the Communications before the Committee to Support the Application and Compliance of the Escazú Agreement are added. Before this body it will be possible (once it is formed) to present a communication in the event of the violation of any right recognized by Escazú, so that it intervenes in the case.

When these tools are used, the authorities must pay special attention and respond in accordance with the standards imposed by the Escazú Agreement, beyond the duty to implement actions, policies and legislative reforms that allow guaranteeing a safe environment for environmental defenders of preventative mode.

From Fundeps we repudiate any type of institutional violence such as the one that the residents of Punilla unfortunately suffered -according to their testimony-. These practices must be prevented by the authorities, guaranteeing their non-repetition and a safe and peaceful environment for the exercise of fundamental rights, especially of those who campaign for the protection of the environment.

 

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Juan Bautista Lopez, juanbautistalopez@fundeps.org

*La Nueva Mañana newspaper photo

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What did the “CORDOBA REPARA Festival” leave us?

Last Sunday, April 24, 2022, within the framework of Earth Day, the “Córdoba Repara” Festival was held on the Enchanted Island of Sarmiento Park and Fundeps was part of it through a stand with an interactive and collaborative proposal. with the audience.

“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 event organized by the Youth Directorate of the Municipality of Córdoba and the Free University of the Environment in conjunction with environmental organizations in the city, aimed to raise awareness about caring for the environment, reduction, reuse, recycling and recovery of waste and objects and the consumption of sustainable products made by local entrepreneurs. All this was manifested through different activities such as live shows, spaces for dialogue, organization stands, vegan, vegetarian and agroecological food stalls, reception of recyclables, collection of blankets and coats to donate and a space dedicated exclusively to the Club of Repairers x Córdoba.

Our proposal consisted of collectively building two maps, one of the city of Córdoba and another of the province, where the people who circulated indicated what environmental problems they knew (or suffered from). From the dialogue with each one of the people and from our maps, environmental problems emerged that are repeated throughout the city and the province, and that are also reiterated over time.

The community that participated, mostly residents of different neighborhoods and areas of the city, identified very similar problems, such as the lack of differentiated waste collection, the existence of open-air dumps throughout the city and especially in the area of bypass, the lack or malfunction of sewers and sanitation in general, the contamination of the Suquía River and neighborhood streams, the contamination produced by Porta Hermanos, the poor/lacking urban planning, the existence of neighborhoods in Córdoba without drinking water, among others. For their part, those who live on the outskirts of the city or other localities such as Mendiolaza, Villa Carlos Paz, Villa Allende, Río Ceballos, La Calera, Río Primero, Segundo, Tercero and Cuarto, Juarez Celman, Punilla, Coronel Moldes, Bell Ville , among others, stated that the main environmental problems are related to clearing, fumigation with agrochemicals, quarrying, contamination of water resources, open-air dumps, fires, floods, and conflicts arising from the Punilla and Paravachasca highways.

At the same time, the lack of citizen participation in environmental matters that manifests itself in all problems also emerged as a concern. They also noted the existing barriers whether in access to public information, access to justice or in the decision-making process.

We were able to observe and analyze that despite the extension and diversity that the city and the province of Córdoba have, the environmental problems are very similar and are repeated in each territory, in addition, that none of them is new, on the contrary, they are repeated and they are accentuated with the passing of the years. For these reasons, we believe that it is necessary to continue working to find alternatives to the form of “development” that has been carried out, while it is imperative and fundamental to strengthen the mechanisms of citizen participation and that the State assumes a true commitment in that sense.

 

 

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Author

Ananda Lavayen

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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The concrete results of COP 1 of the Escazú Agreement

From April 19 to 22, at ECLAC headquarters, Santiago de Chile, the first Conference of the Parties to the Escazú Agreement (COP1) was held. The States Parties met there in order to design and adopt important rules for the implementation of Escazú.

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

COP 1 had the participation of the Latin American and Caribbean States that today are obliged to comply with it. These are: Antigua and Barbuda, Bolivia, Ecuador, Guyana, Mexico, Nicaragua, Panama, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Saint Lucia, Uruguay and the Republic of Argentina.

A noteworthy point was that the Conference not only had the face-to-face participation of representatives of the public, but also interested people could participate online or follow its live broadcast on YouTube.

During the second day, two fundamental issues were discussed on the road to the implementation of the treaty. First, the draft Rules of Procedure of the Conference of the Parties were discussed. In addition, the modality for the significant participation of the public was discussed, as established by article 15.4 of the treaty.

Here it is worth highlighting the incorporation of a simple mechanism to select representatives of the public who will be able to participate in the COP and who, according to the provisional project, would have two seats enabled at the table in the room. In addition, one of the representatives will be part of the Board of Directors, the body in charge of presiding over the meetings.

Second, the Rules of composition and operation of the Committee to Support Application and Compliance (art. 18) were discussed. It should be noted that according to the revised project (later approved), the Committee constitutes a key body for monitoring the implementation of the Escazú Agreement by the States.

A key point in this latest regulation is the one that incorporates a communication mechanism for the public in the event of any non-compliance by the States. This constitutes a fundamental tool since it allows exposing the violation of the treaty, and after an internal procedure, the Committee must adopt the conclusions and recommendations for the “denounced” party, and must then report the case to the COP.

Finally, a draft decision on Human Rights Defenders in Environmental Matters was discussed. Around this problem that seriously affects the region, the Conference planned an open-ended ad hoc working group on human rights defenders, to develop an action plan; and a forum to prepare a final report as input.

Although there were tensions around the role of public participation based on the position of certain States, the truth is that the goals set and the regulations approved meet adequate and innovative standards (although they can be improved) in relation to any treaty. till the date. It provides tools of practical utility whose dissemination and use should be promoted, even when the participation of groups of people in situations of vulnerability has not been really significant.

 

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Juan Bautista López, juanbautistalopez@fundeps.org

*Picture of Diario Perfil

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We exchanged about learnings in Environmental Justice

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

Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website.

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

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

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

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

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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The demands and challenges in accessing public environmental information

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

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

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

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

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

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

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

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

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

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Autor

Ananda Lavayén

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

 

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Workshop: How to access public environmental information?

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

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

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

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

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

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

I WANT TO REGISTER

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org