Tag Archive for: Environmental Democracy

The present work aims to reveal the climatic phenomena that occurred throughout the years 2000 to 2020 in the province of Córdoba and based on this, make visible the local reality and the serious impacts of climate change year after year, as well as public policies existing to date.

The Office of Human Rights and Justice of the Judiciary of the province of Córdoba, carries out the research-action project on access to justice for vulnerable sectors. From Fundeps we request to participate by providing contributions.

“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”.

This project aims to develop strategies to improve access to Justice for groups in vulnerable conditions. A second edition of the project is currently underway.

In this stage, access to justice for migrant populations, native peoples, and cases that affect the environment will be worked on. According to the project’s website, it seeks to promote tools to facilitate access to justice, particularly for people or groups of people in situations of vulnerability. It is promoted as a participatory and collective public policy.

The preparation of protocols for access to justice in environmental matters constitutes an initiative in accordance with the commitments assumed by Argentina in the Escazú Agreement. In previous editions, protocols, rights booklets, among other tools aimed at the general public and justice operators were prepared.

In this framework, we ask the Judiciary to open mechanisms for the significant participation of civil society to provide input and enrich the process of building tools. We believe that in the framework of the Escazú Agreement, participation is emerging as an imperative for any policy that may have an impact on the enjoyment of access rights, including access to justice.

These types of initiatives are extremely valuable in a context where environmental problems and conflicts linked to access to public participation, environmental information and justice are commonplace.

Author

Ana Sol Olivera

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

*Image source: Justice Córdoba

Within the framework of the project “Strengthening the capacities of civil society in the exercise of the right to public information through the Escazú Agreement”, we shared the debates and reflections on the effective fulfillment of this right.

In the following guide you will find questions and answers about access to public environmental information and useful information to make requests to the State.

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

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

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

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

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

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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

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

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

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

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

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

DOWNLOAD RESOURCE

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

Within the framework of said treatment, the Environment Commission has held a number of open meetings with certain civil society organizations and people dedicated to the defense of the environment, in order to hear their opinion. Although the call to these people was not open to those who wanted to make their opinions known, the truth is that a new mechanism of citizen participation was generated, perhaps limited by the time that the agenda demands.

“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”

This process is a good practice to be carried out. However, today with the entry into force of the Escazú Agreement, such spaces already constitute an obligation of the provincial State and not only the exercise of political good will. Adequate publicity and convocation, as well as the organization and distribution of time, fostering broad participation, must be considered in pursuit of a true environmental democracy.

In the framework of the participatory process, we refer to the Environmental Commission of the provincial Legislature, which we consider are necessary adjustments for a regulation that exceeds the national one. Thus, observations were made regarding the way in which an enforcement authority should be designed in accordance with the objectives of the law, the process of creating and evaluating training programs and content for people who exercise public functions, as well as also the introduction of complaint or claim mechanisms that allow citizens to effectively monitor and control compliance with environmental training.

We believe that a provincial regulation can be surpassed, if it incorporates mechanisms aimed at guaranteeing greater participation both in its gestation stage and in the monitoring and implementation processes.

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The Chamber of Deputies approved the Yolanda Law

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

In a special session held yesterday, the Chamber of Deputies approved the bill to ratify the Escazú Agreement. With this act, only the ratification of a Latin American and Caribbean State would remain for its subsequent 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”.

During the month of August, the Chamber of Senators had already approved the bill to ratify the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean ( Escazú Agreement). Yesterday, following the procedure established by our Constitution, the Chamber of Deputies gave the remaining half sanction necessary for the effective ratification of the Agreement.

Thus, Argentina became the tenth country to carry out this act. This is important because we remember that the text of the Agreement itself provides, in its art. 22, the entry into force after the 90th day from the deposit of the eleventh instrument of ratification, acceptance, approval or accession with the Secretary General of the United Nations (depositary of the agreement). This means that only one more State ratification would remain before the 90-day period prior to the effective entry into force begins.

Let us remember that this treaty is not only innovative in its content because it was consolidated from an arduous process of debate and citizen participation, but because it constitutes the first international normative instrument that guarantees and establishes a protection system for those who are defenders of the human rights in environmental matters. It should be noted that the Latin American and Caribbean region registers the highest number of murders of those who carry out this task.

Likewise, the text regulates the rights of access to information, citizen participation and environmental justice. Although in the Republic there are norms that guarantee the respect of these rights, the truth is that the approval of the treaty affects its effective fulfillment and enjoyment, since it places the State in the obligation to comply with its international commitments under penalty in responsibility for its breach.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

Together with other civil society organizations in Latin America, we prepare a report addressing the problem of Climate Change, its effects and impacts on human rights from the regional context. This was then presented to the Inter-American Commission on Human Rights during the 173rd session.

“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 report, prepared collaboratively with 16 Latin American civil society organizations, analyzes the existing problems surrounding the effects of climate change. In particular, the impact that the phenomenon has on the human rights of millions of people worldwide is examined. Its consequences cross and violate the right to life, health, water, and a healthy environment, in turn affecting many others due to the interdependence between all of them.

Likewise, the differentiated impact to which certain groups and communities in vulnerable situations are subject, such as those who belong to Indigenous and tribal peoples, children and adolescents, women and members of rural communities. Those who make up these groups, due to their particular circumstances, suffer more intensely from the harmful effects of climate change, consequently, their situation of vulnerability worsens.

In this document, we also examine the scope of measures necessary to prevent and deal with such consequences. For this, it is essential that the States implement mitigation and adaptation measures, as well as measures that provide for the repair of losses and damages caused. In this context, the report analyzes the obligations and responsibilities that both state and non-state actors have, in order to achieve complete respect for human rights. Finally, the document contains some recommendations based on the international human rights system.

The role that each actor occupies around the problem calls for a differentiated action. The States, Companies, Financial Institutions, and International Organizations must implement actions and measures that respect human rights in a context of climate emergency.

Download Report (Spanish version Only)

Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org

Coordinated by the Circle of Environmental Policy (C.A.B.A.), and in conjunction with other specialists, We elaborate the Legislative Environmental Agenda 2020, giving account and analyzing the main bills on environmental matters that have parliamentary status.

“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 2020 Legislative Environmental Agenda is an initiative led by the Policy Circle Environmental, which is emerging as a fundamental input to publicize those projects of law that are in force and in the process of being treated in both houses of Congress of the Nation. With the participation of various actors and specialists, the content, scope and importance of those projects in parliamentary status, linked to environmental issues, energy and public health.

The main objective of the report, according to María Eugenia Testa (director of the Circulo de P. Environmental) focuses on the visibility of those projects presented by different legislators, as well as in promoting parliamentary debate on issues environmental. Our contribution consisted of specifically examining those related projects to the ratification of the so-called “Escazú Agreement”; noting the importance that its incorporation into the local regulatory system, particularly due to the circumstance of taking a step in assuming international commitments in this area. These would allow to incorporate monitoring and enforcement tools regarding compliance with those measures to effective access to environmental justice, citizen participation and access to information environmental.

We appreciate the invitation, highlighting the importance of implementing initiatives collaboratives like the Legislative Environmental Agenda. We believe that the incorporation of different perspectives in the analysis process, enriches the debate and promotes alternatives for development of public policies in environmental matters. Likewise, we believe that such contribution to society allows to make visible the existing projects in the congress, examine their content, participate in public debate, monitor the legislative process, among other virtues that they strengthen the foundations of a transparent and participatory democratic system.

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2020 CPA Legislative Environmental Agenda

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

Coordinated by the Circle of Environmental Policy (C.A.B.A.), and in conjunction with other specialists, We elaborate the Legislative Environmental Agenda 2020, giving account and analyzing the main bills on environmental matters that have parliamentary status.

Together with other organizations of the Civil Society of Latin America and the Caribbean, we prepare a working document that reflects the contributions and lessons learned in the negotiation process of 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”.

This document was carried out in the framework of the work of the Regional Observatory of Investments, Transparency and Human Rights (composed of various civil society organizations in Latin America and the Caribbean, many of them authors of this publication), as part of a collective effort for making known from our experience the contributions and lessons learned from the negotiation process of Principle 10 so that they can be incorporated into the current signature and ratification processes of the Escazú Agreement.

Thus, what is described in this document responds to the achievement of a regional aspiration: the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean, now the Agreement on Escazú, the first regional instrument of environmental rights, which represents a historic opportunity for the materialization of environmental democracy and the consolidation of citizenship, especially those groups that have been historically and systematically discriminated, such as indigenous peoples.

The publication summarizes the internal processes in various Latin American countries aimed at the approval of the Agreement, in particular, from Argentina, Brazil, Colombia, Mexico, Nicaragua and Peru.

More information

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org