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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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Reporting to the DESC Committee

In collaboration with other civil society organizations, we made several reports to the Committee on Economic, Social and Cultural Rights (DESC) for its session No. 64. Through them we intend to bring critical observations and recommendations on issues related to DESC that have been part of the work agenda of our organization, and so give an update of the report presented at the instance of sessions of the Preparatory Working Group, in 2017.

“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”

Argentina has ratified the International Covenant on Economic and Cultural Rights (PIDESC), committing itself to comply with the obligations derived from this pact. The ICESCR, like other human rights treaties, establishes a set for monitoring its level of compliance: the Committee on Economic, Social and Cultural Rights (CESCR). In this sense, the Supreme Court has recognized this committee as an “authorized interpreter” of the Covenant, which sometimes has a constitutional hierarchy.
The monitoring mechanism established in the same includes, in turn, the possibility of participating in civil society in different stages, through the presentation of reports: the Committee receives reports from the State as well as from civil society and evaluates them, for Then issue your Final observations. The importance of these observations is that they are used as tools to demand compliance with human rights standards in the matter of ESCR.
In this context, we have presented several reports that warn about the situations of rights being affected in different areas.

Health:

  • Situation of chronic noncommunicable diseases in Argentina:

We recommend urging the State to adopt some measures to reduce the consumption of tobacco products and unhealthy foods.

Among them, the limitation of advertising aimed at children, the adoption of a more simple and understandable nutrition labeling, the raising of taxes, the ratification by the Argentine State of the Framework Convention on Tobacco Control and the adoption of measures that protect especially vulnerable groups.

  • Current situation regarding marketing practices of milk formulas:

In this regard, we recommend urge the Argentine government to regulate and restrict the marketing strategies of formulas of breast milk, to continue to promote breastfeeding beyond awareness campaigns, to prevent interference from industry processes related to the field of public health and to promote transparency in the sponsorship of academic events and research.

  • Situation of the regulations of geriatric residences:

We recommend the enactment of a national law that establishes minimum budgets to be guaranteed in all nursing homes in the country, in accordance with the rights and paradigm established in the Inter-American Convention for the Protection of Older Persons, as well as local laws that accept this paradigm. Likewise, it is recommended to urge the Argentine State to publicize the data related to the authorizations and controls of said residences.

  • Lack of access to sexual and reproductive rights:

The situation of low access to contraceptives and abortion practices is worrisome in cases allowed by law. We recommend then to urge the State to provide the necessary supplies to comply with sexual and reproductive rights, as well as to ensure that conscientious objection does not impede access to them. Finally, we recommend urging the State to train health professionals, in accordance with the international standards set by WHO for access to safe abortion, and the promotion of legislative discussion for the legalization of abortion.

Democracy

  • Current situation of the Ombudsman’s Office:

This institution continues to abide by it for 11 years, which is configured as a weakening of the DESC protection system. In this regard, we have recommended, among other things, to designate as soon as possible a person in charge of the Office of the Ombudsman of the Nation and to reformulate the procedures for selecting it.

  • Access to public information on environmental matters:

We recommend that the Committee urge the State to guarantee access to public information on environmental matters in view of the progress of major infrastructure projects, extractive industries and Chinese investments; promoting the creation of instances and / or mechanisms of citizen participation. In addition to promoting the protection of those who defend their rights and oppose the advancement of large infrastructure projects.

  • Draft Bill of Collective Proceedings:

We recommend that the State abstain from promoting the Draft Bill of collective actions before the National Congress and promote a regulation that conforms to current international and constitutional standards in terms of access to justice and effective judicial protection of groups in vulnerable situations.

Ambient

  • Use and application of agrochemicals:

We warn about the effects on the right to health derived from the use of agrochemicals; recommending the adoption of a national regulation that regulates the use and application of agrochemicals and requesting the revision and adaptation of national and provincial regulations to the new categories established by the WHO regarding the classification of phytosanitary products. In addition, the adoption of measures to minimize the impact of the use of agrochemicals and periodic epidemiological evaluations is recommended.

More Information

Contacts

Agustina Mozzoni: agustinamozzoni@fundeps.org

Carolina Tamagnini: carotamagnini@fundeps.org

 

 

 

 

 

 

 

 

 

 

 

 

 

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We present observations to the “good practices” of agrochemical application

The Final Report of the Interministerial Working Group on Good Practices in the Field of Phytosanitary Applications was submitted to public consultation from July 20 to August 20. From FUNDEPS we present our observations and objections to it.

“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”.

Through Joint Resolution No. 1/2018, the Ministries of Agribusiness and Environment and Sustainable Development of the Nation created an Interministerial Working Group on Good Practices in the Field of Phytosanitary Applications.
The objectives of the working group were:
• Elaborate the principles for ordering national public policies on phytosanitary applications, especially in buffer zones, and
• Make recommendations regarding how to improve the adoption, control and monitoring of good practices in the application of phytosanitary products.

The Working Group is made up of representatives of both ministries, the National Service of Agrifood Health and Quality (SENASA) and the National Institute of Agricultural Technology (INTA), who had two representatives each. In addition, the Ministry of Health, the Ministry of Science, Technology and Productive Innovation, the Federal Council of the Environment (COFEMA) and the Federal Agricultural Council (CFA), who participated with only one representative, formed a part. He met six times between April 5 and July 5, 2018.

The final result was a document that proposes 12 principles and 23 recommendations, which was open to public consultation for a month through a web platform with consultative status. The participation of the society was very low, only 180 people left settled their contributions, which accounts for the little publicity that was given to the report and the public consultation carried out by both ministries.

From FUNDEPS we make some considerations and objections to the document, including:
– The Interministerial Working Group is composed mostly of representatives of agriculture;
– Absence of participation in the work process of qualified technical professionals, universities, NGOs and civil society in general.
– The need for a law as a public health issue is not analyzed;

– It is not taken into account that sprays can not be controlled. No matter how much “good agricultural practices” are adopted and climatic conditions are taken into account, the chemical products that are used have persistence in the environment and are mobilized through water and air even after the application is made;
– There is no clarity regarding the technical criteria that would be used to delimit the “buffer zones”, nor how they would be respected;
– The carrying out of epidemiological surveys from the Ministry of Health is not effectively ensured in order to know the situation of the populations near cultivation areas;
– It does not consider the principles of the General Environmental Law No. 25,675 that governs any national environmental policy, in particular the principles of prevention and precaution;
– It does not contemplate an inescindible sanctioning regime to the control and monitoring of “good agricultural practices”, among others.
One of the proposals presented in the report is to promote a national law on the application of phytosanitary products, complementary to the regulation on product registration and the law on empty pesticide containers. From FUNDEPS we support the enactment of a national law of minimum budgets referred to the application of agrochemicals guided by the precautionary principle and to establish a reference framework that protects the fundamental rights to the environment, health and quality of life of people .

More information:

Observaciones al informe sobre buenas prácticas en aplicaciones de Fitosanitarios

Grupo_Interministerial_Fitosanitarios

Authors:

Lourdes Aparicio, Juan Bautista López y María Pérez Alsina

Contact:

María Pérez Alsina – mariaperezalsina@fundeps.org

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Third parties interested: judicial presentation in defense of the public domain of Los Paredones stream

FUNDEPS together with a group of neighbors and members of the collective “Todos por Nuestros Arroyos” from the town of Alta Gracia, requested participation as third parties interested in the case “El Potrerillo de Larreta Country Club S.A. c. Province of Córdoba – Ordinary “.

“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 cause, begun in 2013, discusses the legitimacy of the placement of fences to a public stream, for the exclusive benefit of the country Potrerillo de Larreta, restricting free transit to third parties and the use of it by the entire community . Likewise, the true scope and meaning of the public domain character of the Los Paredones stream is in question.

In the ruling of first instance of November 2017, the judge of Alta Gracia Graciela Cerini had resolved “to dismiss the lawsuit filed by THE POTRERILLO DE LARRETA COUNTRY CLUB S.A. against the PROVINCE OF CÓRDOBA as soon as it intends to install wire fences over the Arroyo Los Paredones in the entrance and exit of its property, having to demarcate the limit along the shore line “.

However, it then determines that it does not matter to simply authorize the free entry to the watercourse, and orders a series of questions to the Province of Córdoba and the Municipality of Alta Gracia. First, to determine how the public use of the stream will be in the affected area. Secondly, to take the necessary control, security and protection measures to achieve the harmonization of the interests at stake, while maintaining the existing fences.

In December of last year, Potrerillo de Larreta appealed the decision, referring the case to the 9th Nomination Chamber of the city of Córdoba, where the parties must express the grievances caused by the first instance decision.

In the city of Alta Gracia, the neighbors have been defending and claiming their fundamental rights in different instances and since 2011 the collective “Todos por Nuestros Arroyos” has taken the post. Thus, it has developed numerous activities in favor of the recovery of the public spaces of the streams of Alta Gracia, including Chicamtoltina and its tributaries, Estancia Vieja, Los Paredones and Coacamilin, in this struggle in which owners and real estate ventures began. to wire the margins of different stretches of the streams.

Faced with the ambiguity of the ruling, the continuity of the fences over the stream and the passivity of the provincial and municipal authorities, the neighbors of Alta Gracia together with FUNDEPS decided to intervene in the trial in order to guarantee the respect of the rights of collective incidence over the individual rights wielded by the country and reject the legitimacy of the fences while violating, among others, the right to free transit and the use, enjoyment and use of public domain waters.

More information:

Vecinxs firmaron por el espacio público

Vecinos firmaron para que se quiten los alambre en el arroyo

Contact:

maycabalaguer@fundeps.org

mariaperezalsina@fundeps.org

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Bajo Grande and Jerónimo de la Gente: A prize that seeks to cover a problem of years?

On April 6, the award ‘Jerónimo de la Gente’ was presented in the city of Córdoba and it was the Civil Association ‘Las Omas’, who won the first place after the vote. The recognition seeks to distinguish a citizen, citizen, or grouping of citizenship; whose work in Córdoba seeks in some way to address social problems.

“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”.

Las Omas, an organization established in the Chacras de la Merced neighborhood, since 2011 has been dedicated to the assistance of neighbors living in poverty and violence. At the same time, its president, Alida Weht, has been the one who has taken the bastion of the fight against pollution caused by the malfunction of the Sewage Treatment Plant of Córdoba.

The prize that Las Omas received is a distinction for their tireless work to improve the situation of women in the neighborhood, but little has been mentioned in the media about their immense work, to improve and protect the environment that surrounds them. Mayor Mestre has recognized Las Omas on the one hand, but on the other, he has not done anything to help them end the problems derived from pollution.

A few weeks ago, it became known that the Municipality of Córdoba admitted that the plant is not in perfect condition and that it is operating at 60%. Likewise, Daniel Bardagi, Director of Sanitary and Gas Networks, promised that in the next few days the plant would be fully operational.

This position of the Municipality collides directly with what is expressed by the employees who are working in the WWTP, and who have declared that the plant under no circumstances is able to operate at 100%. In addition, they have declared that the liquid that enters the station is not treated in any way and the conditions in which it enters are the same that it has when it is dumped into the Suquía River.

These comings and goings between the Municipality and employees of the plant, are not new and do nothing but dilate a situation that has long been unsustainable. The lack of responsibility of the municipal government and the desire to hide a reality that is visible so many years ago, has become a community of people who today are in a situation of extreme vulnerability.

Similarly, the problem of pollution is not only limited to the area of ​​the city of Córdoba. It has been verified that the unloadings in crude have arrived at least and safely to Capilla de los Remedios. Moreover, the samples taken and evaluated by the National University of Córdoba (UNC) show that the bacteria and coliforms present in the water 36 km from Bajo Grande, are in practically the same amounts and concentration as when they leave plant. Also, there may be evidence that contamination has reached the mouth of the Primero River in the Laguna de Mar Chiquita.

Derived from this contamination, neighbors of Chacras must face every day a myriad of problems, most of which are 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.

From the Municipality of Córdoba has been announced that in the coming days and weeks will be bidding three refurbishment works in the plant for almost 300 million pesos. These spare parts correspond to the failure of the mitigation plans assumed each year by the successive municipal administrations. According to Federico Kopta, of the Córdoba Environmental Forum, these spare parts and the expansion of the plant that is in progress will not be able to reverse or mitigate the current contamination situation, as long as the necessary controls on the sewage network are not carried out.

After years of claims, we have again asked the authorities to recognize the problem and take action on the matter. The situation of vulnerability that lives in the community located next to the purification station is, today, unsustainable and degrading. The Jerónimo de la Gente award, has managed to recognize the tireless work of Las Omas, but has not been able to cover a problem that they must face each and every one of their days. After this award, there should be a commitment of officials to families in that area and the environment of all inhabitants of the province of Cordoba.

Sources

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

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We participate in the First Latin American Workshop on Litigation Strategies on Climate Change and Human Rights

From July 11 to 13, the First Latin American Workshop on Litigation Strategies on Climate Change and Human Rights was held in Bogotá, Colombia. The workshop was jointly organized by the Law, Justice and Society Studies Center (Dejusticia) and the Sabin Center on Climate Change Law at Columbia University.

“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 brought together 21 activists and lawyers from Latin America who work on environmental issues and human rights with the purpose of training them on the new and innovative strategies of climate litigation in the world.

In this sense, the three main objectives of the workshop were:
– Analyze the theoretical and legal bases that have been used in different types of climate litigation in different parts of the world.
– Develop specific strategies that the participants can adapt to their own countries and organizations.
– Establish a collaborative network between activists and organizations interested in studying and promoting strategic litigation on climate change in the region.

During the workshop, various presentations were presented on the importance of climate justice, the types of existing climate litigation, legal principles and doctrines, legal precedents, climate litigation strategies, as well as the climate litigation challenges related to jurisdiction, attribution factor, causality, quantification of damages, among others.

Likewise, the new tendencies in the matter of climate litigation were presented, taking as initial kick-off the first guardianship on climate change and future generations of Latin America granted by the Supreme Court of Justice of Colombia to 25 boys, girls
and young people, supported by Dejusticia.

More information:

https://www.dejusticia.org/tutela-cambio-climatico-colombia/
http://climatecasechart.com/

Contacto:
María Pérez Alsina –mariaperezalsina@fundeps.org

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Concern and uncertainty regarding the progress of the works of the Villa Carlos Paz Environmental Center

The works of the Environmental Center of Villa Carlos Paz show an advance of 90% and estimate that in 30 days it will be in operation. Meanwhile, the concern of the residents of Malagueño continues asking for concrete measures to make effective the differentiated collection of waste as well as awareness campaigns.

“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 project “Environmental Center of Villa Carlos Paz” is being developed in a municipal area located near the National Route 20, which links it with the city of Córdoba, where the current open-air dump is currently operating. It will process the garbage of more than 100.00 inhabitants of the region that includes Villa Carlos Paz and neighboring localities (Villa Rio Icho Cruz, Mayu Sumaj, Cuesta Blanca, Tala Huasi, Cabalango and Malagueño).

In Centro Ambiental, it is integrated by three works: a sanitary landfill for the disposal of solid urban waste, a separation and treatment plant for leachates (toxic residual waste liquid) and the closure of the existing open-air dump for more than 50 years. years.

The works with a total investment of 188,403,896 pesos are being financed through the Environmental Management Program of Tourist Municipalities, executed by the Ministry of Tourism of the Nation with funds from the IDB (Inter-American Development Bank) and the National State.

The construction of the Environmental Center began in mid-2017 and according to Horacio Pedrone, Secretary of Environmental Urban Development of the Municipality of Carlos Paz: “We think that by the second half of this year, we will have the new Environmental Treatment Center in operation of urban solid waste “.

While the works are advancing rapidly and the authorities of Carlos Paz announce that at the end of August the differentiated waste collection will begin in the city, in charge of the company Cotreco, in Malagueño there is uncertainty and concern.

In this regard, it is stated that although the Municipality of Carlos Paz has announced communication and awareness campaigns to the community on how to proceed when separating and collecting garbage, no concrete measures have yet been observed. The Malagueño authorities for their part say nothing about it, and taking into account that the Environmental Center will be inaugurated soon, the residents of Villa San Nicolás (Malagueño) fear that the place will become a new landfill.

The project foresees that once the construction of the Environmental Center is completed, the definitive closure of the existing open-air dump would begin, solving a problem that takes 58 years. Until recently, even the fire sources in the same one continued, affecting the smoke and the toxic gases emanating from the landfill to the San Nicolás neighborhood and other neighborhoods near the highway.

In addition, during the last months of December and January, the landfill was burning for more than 80 days, and therefore self-appointed neighbors organized protests calling for an environmental emergency to be declared as a result of the toxicity generated by the smoke from the burning garbage.

In short, the environmental damage affects the air that neighbors breathe, and due to the rains – which increase during the summer and tourist seasons – the ashes end in the San Roque dam that supplies water to 70% of the city ​​of Córdoba.

From FUNDEPS we follow this process and accompany the community of Villa San Nicolás to ensure respect for their rights to a healthy environment, health and access to information and citizen participation. Likewise, and as we have been saying for some time, we consider questionable the location of the Environmental Center next to the La Calera Defense Nature Reserve, and meters from San Roque Lake in areas that may have a higher filtration or percolation propensity towards the Napa of water.

More information

http://www.eldiariodecarlospaz.com.ar/sociedad/2018/6/14/en-agosto-comenzaria-la-recoleccion-diferenciada-de-residuos-52986.html

http://www.eldiariodecarlospaz.com.ar/sociedad/2018/5/15/asi-es-el-centro-ambiental-donde-se-procesara-la-basura-de-punilla-51764.html

https://lmdiario.com.ar/noticia/43262/malagueno-denuncian-problemas-respiratorios-por-los-incendios-del-basural

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Gonzalo Roza – gon.roza@fundeps.org

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#WeWantToBreathe: A campaign against pollution in the Suquía River

Neighbors and neighbors of Capilla de los Remedios join the claims for contamination of the Suquía River due to the poor functioning of the Sewage Treatment Plant (WWTP). The campaign #QueremosRespirar reflects the desperate request of the inhabitants who seek that this situation be reversed immediately.

The reclamation of the neighborhood grouping, adds to the historical protest that the families of the district Chacras de la Merced have taken ahead to stop the indiscriminate contamination of the river.

On Monday, April 9, the inhabitants of Capilla de los Remedios will demonstrate in front of the Municipality of the City of Córdoba, to demand from the mayor the urgent taking of measures. Pedro Frank, a neighbor and one of the leaders of the campaign, spoke about the unsustainable nature of living around the river. Sickening odors, gastrointestinal and respiratory problems; are some of the consequences that could be attributed to pollution (an image very similar to what the neighbors describe in the Chacras de la Merced neighborhood). Pedro, said that they have been receptive to meet both the Municipal Government and the Provincial. From both sides have responded that contamination is impossible to relate directly to the plant, since it works in perfect conditions. However, during 2017, employees of EDAR were blunt when they said that the plant is under-supplied, defective and that it works less than 20%. They also mentioned that the liquid is not treated and that during the 24 hours a day it is dumped in the river.
As a result of this, the position of the government authorities, who seem not to want to see what is in front of their eyes and the eyes of all citizens, becomes incomprehensible.

This situation, which dates back to the late 1980s and to which FUNDEPS has referred on numerous occasions, seems to have no end. The escalation of pollution caused by a plant in defective conditions, has had a direct impact on the main river of the Province and has its outlet in the Laguna de Mar Chiquita. On the banks of this river settle numerous localities that today begin to see the effects of years and years of state negligence. Also, it is of special relevance to highlight the main role and responsibility of the Provincial and Municipal governments to mitigate and / or definitively remedy this situation.

What happens is public knowledge, and government authorities have not reacted in a timely manner to avoid what is happening now. At the legal level, numerous cases have been initiated and have sentences in favor of the residents of Chacras de la Merced, forcing the State to reverse the damage. After numerous requests for execution of sentence, the inaction of the Municipality is evident in the environmental risk of these days. Similarly, since 2014 the environmental and sanitary emergency has been consistently declared in the Bajo Grande WWTP and in the area located downstream, including the Chacras neighborhood, and there have been no concrete measures demonstrating the government’s willingness to assist those they are affected From FUNDEPS, we recently requested information to know the status of the latest decree declaring the health emergency. According to the testimonies of the neighbors of Chacras de la Merced, little and nothing has been done to address the situation.

Both the neighbors of Chacras de la Merced and of Capilla de los Remedios are in a situation of complete violation of their rights. We renew 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 affected. #We want to Breathe.

 

More information:

They will protest in front of the Municipality of Córdoba for the contamination of the Suquía
Chapel of the Remedies: neighbors denounce pollution
In Capilla de los Remedios, the river is as polluted as a sewer

Information requests for the Mitigation Plan of the Bajo Grande plant

Author:
Agustina Palencia
Contact:
María Pérez Alsina – mariaperezalsina@fundeps.org
Agustina Palencia – agustinapalencia@fundeps.org

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Information requests for the Mitigation Plan of the Bajo Grande plant

Last Friday, FUNDEPS together with Alida Weht, neighbor of the Chacras de la Merced district, presented information requests in the Municipality of Córdoba, in relation to the fulfillment of the Mitigation Plan implemented in the E.D.A.R. of Bajo Grande and in the area located downstream.

On April 24, 2017, the Municipality of Córdoba declared an environmental and sanitary emergency in the Wastewater Treatment Plant (E.D.A.R.) of Bajo Grande and in the area located downstream. He did it through Decree No. 1292 and it was for 180 days.

This is not the first time that the environmental and health emergency has been declared due to the plant’s malfunctioning and the existing contamination in the area of ​​Chacras de la Merced and downstream, which has been happening since 2014.

In fact, Mayor Ramón Javier Mestre, through Decree No. 2447, entrusted the different municipal departments with the necessary actions to implement the Mitigation Plan in the context of the environmental and health emergency, declared on August 5, 2014 and 180 days.

In June 2015, Decree No. 1220 once again declares the environmental and sanitary emergency of the plant for a period of 120 days, which is extended for an additional 120 days by Decree No. 3745 of December 2, 2015, to the aims of mitigating the environmental and sanitary effects until the optimization of the functioning of the plant.

Last year, due to new complaints from the employees of the Bajo Grande plant, which warn not only that the plant does not work at 100% capacity -requires improvements and essential repairs-, but that the sewage liquids are overturned without previous treatment to Rio Suquía -, added to the concern generated by the results of the samples taken by the Environmental Police and the laboratories of the plant itself, led to a new declaration of emergency by the Municipal Executive.

Likewise, Decree No. 1292 contemplates the fulfillment of a Mitigation Plan – continuation of the one prepared in 2014 – by virtue of which a number of measures and actions were entrusted to different areas of the Municipality of Córdoba, which were to be executed in complete by the end of October 2017.

For this reason, last Friday, FUNDEPS together with Alida Weht, neighbor of the Chacras de las Merced district and member of the Las Omas Civil Association, presented requests for information addressed to the Secretary of Government, Citizen Participation and Social Development; to the General Secretariat, the Public Services Secretariat, the Ministry of Health and the Secretariat of Planning and Infrastructure of the Municipality of Córdoba.

As for 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.

Also, this Tuesday we presented a request for information to the Secretary of Environment and Climate Change of the province, requesting updated information about the operation of the plant, the amount and condition of the sewage liquids upon entry and exit, as well as the treatment that they are made. At the same time, a report was required on the status and progress of the plant expansion works begun in 2017.

The contamination problem of the Bajo Grande plant is long-standing. Despite the complaints, complaints from NGOs and affected communities, technical reports and analyzes that account for the progressive deterioration of the Suquía River, and even a sentence of 2004 – with repeated requests for execution – which obliges the Municipality of Córdoba to minimize and mitigate environmental impacts in the area, the situation is only getting worse for the Suquía River and the populated areas that live downstream of the plant.

We hope that both the municipal and provincial authorities fulfill their duty to provide the required information in a timely manner, in order to ensure true access to public environmental information of citizens, as well as transparency and publicity of government actions.

More information

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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The Regional Agreement on Principle 10 is binding

On March 4, representatives of 24 countries of Latin America and the Caribbean meeting in San Jose, Costa Rica, adopted the first binding regional agreement to protect the rights of access to information, public participation and access to justice in environmental issues The agreement adopted the character of binding, becoming an unprecedented legal instrument for the region. It was approved without reservation of the States and will require 11 ratifications for its entry into force.

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

At the end of the Ninth Meeting of the Negotiating Committee of the Regional Agreement on Principle 10, government delegates, together with representatives of the public and experts from international organizations, agreed on the final text of the agreement. This text was negotiated since 2014, and it also enshrined the protection of human rights defenders in environmental matters.

A little history…

In June 2012, in the framework of the United Nations Conference on Sustainable Development, Rio + 20, ten countries signed the Declaration on the application of Principle 10 of the Rio Declaration on Environment and Development in Latin America and the Caribbean (the Declaration). This, recognized that the rights of access to information, participation and justice in environmental matters are essential for the promotion of sustainable development, democracy and a healthy environment. In addition, the Declaration committed signatories to explore the viability of a regional instrument to ensure the full implementation of access rights.

After two years of work, in November 2014 the signatory countries decided to start negotiating a Regional Agreement. A Negotiation Committee was created, which was formed by the signatory countries.

What is principle 10?

Principle 10 of the Rio Declaration seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters. This, in order to guarantee the right to a healthy and sustainable environment for present and future generations. The Declaration of Principle 10 is a major step forward in the region for stronger environmental governance.

Negotiations for the Agreement

The purpose of the negotiations for the Agreement was to deepen Latin American democracies, social cohesion, generate confidence in the decisions adopted, eliminate asymmetries and prevent socio-environmental conflicts. The aspiration of this treaty was to achieve a redefinition in the traditional relations of the State, the market and societies. It also sought to contribute to the implementation of the 2030 Agenda for Sustainable Development.

In 2015, with the first meeting of the Negotiating Committee for the Agreement, and after eight subsequent meetings; the representatives of the nations of Latin America managed to conclude the definitive text of the treaty that will adopt a binding character. The process of hard government work and civil society organizations, resulted in an instrument that improves the standards of access to information, participation and access to justice in environmental matters. The fact that it is binding speaks of a new level of commitment assumed by the governments of the region and guarantees the protection of environmental defenders.

Along the way to reach the Regional Agreement, civil society played a very important role in terms of recommendations for the final text. It was before the eighth meeting (held at the end of 2017), when the civil society organizations expressed their concern about the progress of the negotiations and demanded from the governments a greater commitment to effectively guarantee the rights under discussion. The security situation for environmental defenders became a turning point to demand that the agreement be transformed into a legally binding instrument capable of reversing this situation.

The ninth and last meeting…

As mentioned, the Ninth Meeting for the Negotiation of the Regional Agreement was the last and resulted in the adoption of a final text and in the realization of a binding instrument. In that sense, it became a tool at the regional level that will serve for the protection of environmental defenders and their rights. This is extremely important since one of the main causes of socio-environmental conflicts in Latin America and the Caribbean is the lack of environmental information. Likewise, one of the main consequences of these conflicts is violence, persecution and assassination of environmental defenders. This Agreement then comes to fulfill the first mandate of the negotiations: “Prevent socio-environmental conflicts”.

Other important elements to be included in the Agreement were highlighted before this meeting. One of them was to strengthen the definitions that were still pending such as rights of access, authority and fundamentally that of environmental defenders. Another necessary issue was to define what includes access to environmental information (included in article 2, Inc. c). It is important that the instrument include a broad definition with a list of elements that constitute this type of information (enshrined in Article 6 of the final text). Similarly, with the definition of people and / or groups in vulnerable situations (enshrined in Article 2, Inc. e of the final text). Finally, another relevant point was to include the participation of the public in the structure of what the implementation of the Agreement will be like the Conference of the Parties and the Facilitation and Follow-up Committee. This last element was reflected in article 15, urging the Conference of Parties to define the modalities of public participation (however, public participation is not included as the structure of the Conference). The text of the treaty states that the Agreement will be open for signature by all the countries of Latin America and the Caribbean at the United Nations Headquarters in New York from September 27, 2018 to September 26, 2020. Likewise, It will be subject to ratification, acceptance or approval by the States that have signed it. The ratification of 11 nations will be needed for its entry into force.

The result of the negotiations will allow countries to commit themselves to implement this agreement in their respective territories in a concrete manner. With an agreement without the binding nature that obliges States to implement this Agreement, the rights of access to information, participation and justice would not be assured with certainty.

We celebrate the evolution of this process, highlighting the importance of this agreement to achieve better and more solid democracies. Likewise, we consider that a large part of the environmental problems of the region (related to extractive industries and large infrastructure projects) may find a solution after the implementation of this Regional Agreement.

Más información

Authors

Agustina Palencia

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

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Advisory Opinion of the IACHR on the environment and human rights

Following a request made by the State of Colombia on March 14, 2016, for the first time the Inter-American Court developed the content of the right to a healthy environment in its Advisory Opinion OC-23/17 on “Environment and Human Rights”, notified on February 7.

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

In this document the Court recognized “the undeniable relationship between the protection of the environment and the realization of other human rights“, highlighting the interdependence and indivisibility that exists between human rights, the environment and sustainable development. Therefore, it understands that all rights are vulnerable to environmental degradation, and its full enjoyment depends on an appropriate environment.

In the inter-American human rights system, the right to a healthy environment is expressly enshrined in Article 11 of the Protocol of San Salvador, which establishes the right of everyone to live in a healthy environment and to have basic public services, and the consequent obligation of the States to promote the protection, preservation and improvement of the environment.

In addition, this right is also considered included among the economic, social and cultural rights protected by Article 26 of the American Convention.

The Court clarified that “the human right to a healthy environment has been understood as a right with both individual and collective connotations. In its collective dimension, [..] constitutes a universal interest, which is due both to present and future generations. However, […] it also has an individual dimension, insofar as its violation can have direct or indirect repercussions on people due to its connection with other rights, such as the right to health, personal integrity or life, among others. The degradation of the environment can cause irreparable damage to human beings, so a healthy environment is a fundamental right for the existence of humanity.”

The Advisory Opinion also determined the state obligations for the protection of the environment.

With respect to jurisdiction, States must respect and guarantee the human rights of all people and this may mean, depending on the case in particular and exceptionally, situations that go beyond their territorial limits. In the same sense, States have an obligation to avoid transboundary damage.

In particular, in order to respect and guarantee the rights to life and integrity, it determined that States must comply with the following obligations and principles:

Obligation of prevention: means to prevent significant environmental damage, inside or outside its territory, which implies that they must regulate, supervise and supervise the activities under their jurisdiction, carry out environmental impact studies, establish contingency plans and mitigate the damage that has occurred;

Principle of precaution: States must act in accordance with the precautionary principle against possible serious or irreversible damage to the environment that affects the rights to life and personal integrity, even in the absence of scientific certainty;

Obligation of cooperation: involves cooperation with other States in good faith for protection against significant environmental damage. From this are derived:

  • The obligation to notify potentially affected States of possible significant environmental damage caused by activities carried out under their jurisdiction;
  • The duty to consult and negotiate with the potentially affected States;
  • The duty to ensure the exchange of information between States;

Procedural Obligations: These are obligations that support a better formulation of environmental policies. Among them, States have to ensure:

  • Access to information: guarantee access to information on possible effects on the environment;
  • Public participation: guarantee the right to public participation of people, in making decisions and policies that may affect the environment.
  • Access to justice: guarantee access to justice, in relation to state obligations for the protection of the environment.

It is remarkable that the IACHR determines the content and scope of the procedural obligations, since they are in line with the provisions of Principle 10 of the Rio Declaration on Environment and Development. This principle seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters, in order to guarantee the right to a healthy and sustainable environment for present and future generations. In this sense, FUNDEPS, together with several civil society organizations, actively participates in the negotiation process to obtain a Regional Agreement on Principle 10, considering that its concretion will allow strengthening capacities to deal with environmental challenges in the region. .

This Advisory Opinion arose because of Colombia’s concern regarding the “risk” that new major infrastructure projects will seriously affect the marine environment in the region. Everything provided by the Court will allow Colombia to continue advancing in the effective protection of the environment in the Greater Caribbean and the rights and interests of Colombians.

Beyond the effects that the document may have for the State that requested the Opinion, we understand that it constitutes a significant advance in terms of environmental protection for all American States, as it provides interpretative guidelines and completes the sense of the rights contained in the Covenant.

More information

– See the full resolution

Author

Mayca Balaguer, maycabalaguer@fundeps.org

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Court filings for contamination in Chacra de la Merced

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From FUNDEPS we requested the participation as “Friend of the Court” and as private plaintiff in civil and criminal cases, respectively, initiated against a tannery that operated illegally at the height of km. 3 and 1/2 of the Chacra de la Merced road.

The past month of December formally presents an Amicus Curiae in the titled cars “Foundation of Third Generation C / Jolaga SRL – Environmental Protection”, (File 6229513) that is processed before the Civil and Commercial Court and the 45th Nomination of this city, for carry out the legal claims of the Court on the environmental damage caused by the contaminating activity of the JOLAGA tannery establishment SRL and the obligation that it has on it to recompose the environmental damage caused to the Suquía river.

The environmental protection initiated in February 2017 is aimed at the use of the activity developed for the establishment of wounds and the recomposition of the environmental damage caused.

All this is based on the illegal dumping of waste and residues in the Suquía River, on the Chacra de la Merced highway, km 3 1/2, by the establishment of JOLAGA SRL tanneries, owned by Jorge Ricardo Gawuryn and Ariel Gawuryn. , there has been a clear violation of the General Law of the Environment No. 25,675 and the Provincial Environmental Policy Law No. 10,208, which affects the rights of constitutional roots – right to a healthy environment – art. 41 CN -, right to health, right to life, not only of the population of the affected area but also of the entire community of the province of Córdoba.

In addition, due to the illegal and clandestine activity of possession, a criminal proceeding was initiated that culminated with the closure and with the imputation of tango owners JOLAGA SRL, Jorge Ricardo Gawuryn and Ariel Gawuryn, for the crime of continued environmental pollution, as co-authors, in accordance with the provisions of articles 55 of the Hazardous Waste Law 24,051, and 45 and 55 of the Criminal Code.

According to the investigation, the establishment operated almost ten years ago despite the complaining repetitions of the neighbors, throwing polluting substances into an open-air lagoon in the company’s facilities, and then they would have thrown them into an adjoining land, through of a pump drain. All these properties drain, by simple gravity, into the Suquía River.

As a foundation that promotes and encourages the realization of the right to a healthy and balanced environment, we consider that the contamination and environmental damage caused by the holders of privacy is a violation of these rights that we defend. For this reason, it requests the participation of a private prosecutor to promote the process and help the Public Prosecutor’s Office in the criminal investigation.

The neighborhood of Chacra de la Merced is located at the eastern end of the city of Córdoba, about 150 meters from Circunvalación Avenue and 200 meters from the Suquía River. For more than two decades it was part of the green belt of the city of Córdoba, today it has multiple sources of contamination. The worst thing is the Edar Bajo Grande wastewater treatment plant that has been dumping sewage into the Suquía River for years with poor treatment and even without treatment.

Other polluting industries are also sought, among them, such as JOLAGA SRL, quarries, lagoons produced by the extraction of aggregates converted into open air dumps, among others.

In this context almost 300 families live and the area has been declared in recent years in “environmental emergency” by the Municipality of Córdoba. However, there is no final non-compliance with the measures and actions provided, leaving the neighborhood forgotten in a “pollution river”.

In order to protect the fundamental rights of the residents of the neighborhood, a change of attitude was proposed to avoid impunity and the secrecy of this type of polluting activity. the mercy.

Source of images

La Voz del Interior

More Inforamtion

– Investigan contaminación con un carcinógeno en las cercanías de Suquía,  La Voz del Interior

–  Amicus curiae en causa “Fundación de Tercera Generación C / Jolaga SRL – Protección Ambiental”

– Demandante privado en causa “Acciones talladas arrojaron contaminantes cerca del río Suquía”

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org