sustainable development 20 years on from the ... - José Eli da Veiga

sustainable development 20 years on from the ... - José Eli da Veiga sustainable development 20 years on from the ... - José Eli da Veiga

25.04.2015 Views

157 Many of the existing mechanisms for participation do not recognize the great number of individual actors involved. Their reach does not often cover indigenous populations, rural organizations, unions, cooperatives, associations of producers, and small and isolated communities, among others (The Access Initiative, ong>20ong>05). 3. Access to justice The countries in the region have progressed in designing and establishing specialized bodies with environmental jurisdiction in justice systems or in institutions attached to ministerial or autonomous agencies. However, there are difficulties in access to environmental courts, as the courts are concentrated in urban centres and major cities. UNEP national reports agree on the need to improve mechanisms for disseminating information on access to and the content of environmental justice, which has a special impact on criminal activities such as illegal logging and trade in endangered species. The Access Initiative (ong>20ong>05) adds that traditional courts are not the right place for addressing environmental issues because their legal reasoning usually concerns administrative, civil or criminal matters rather than environmental ones. Judges or members of tribunals are not normally sufficiently trained in environmental matters, despite the efforts of legal training institutions. Furthermore, in most countries, there are no alternative mechanisms for conflict resolution. This has led to a trend towards judicializing environmental conflicts, which incurs significant costs and delays and does not always provide acceptable or ong>sustainableong> solutions for the various stakeholders. Environmental conflicts, especially those where there has been very active public participation in terms of providing ideas, information and possible solutions, tend to create opportunities for positive change by bringing up issues and options that have never been considered before. Over the last few ong>yearsong>, however, legislation enacted in several of the region’s countries has offered a broader range of procedural remedies, and burgeoning jurisprudence is paving the way towards a more functional form of environmental law. There is also an open debate on the timeliness and advisability of setting up specialized jurisdictional bodies. In this connection, several countries have set up specialized environmental prosecutors’ offices: one is Brazil, where public prosecutors already have several ong>yearsong>’ experience. Mexico has a federal prosecutor’s office and state prosecutor’s offices, Argentina created an environmental prosecutor unit and, more recently, Peru set up environmental prosecutor offices in March ong>20ong>08. In addition, the justice system has been proactive in defending environmental rights in several countries, overcoming procedural obstacles and adapting traditional legal institutions to the specifics of environmental law to resolve disputes of great technical and legal complexity. Examples include the decision adopted by the Supreme Court of Argentina in the Riachuelo case 8 and the ruling by the Constitutional Court of Guatemala on an appeal for protection, which found the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal to be directly applicable (UNEP, ong>20ong>10b). 8 In ong>20ong>04, 17 people living close to the Matanza-Riachuelo river basin submitted a petition to the Supreme Court of Justice of Argentina, consisting of two separate complaints: in the first, they sued 40 companies, the State, Buenos Aires province and the city of Buenos Aires, seeking compensation for harm caused by pollution. In the second, they requested that the Court order the various authorities to implement sanitation measures to reduce and resolve the environmental problem. The Supreme Court declared itself competent to hear the first matter and two ong>yearsong> later found in favour of the petitioners, an unprecedented decision in ordinary judicial processes. It conducted public hearings and required that the respondents put forward a comprehensive plan for alleviating the environmental crisis in the river basin (Coalición Argentina, for the Access Initiative, ong>20ong>09).

158 Reforms that would improve access to environmental justice in the region include: elimination of barriers to the prosecution of environmental crimes; recognition of common and collective environmental interests in legal and administrative processes; ensuring legal enforceability of consultation mechanisms and citizen participation procedures; the establishment of environmental courts and prosecutors’ offices with adequate geographical distribution; coordination between levels of government; the capacity to halt activities that are damaging to the environment or to health; provision for the greater guarantees needed by indigenous people, affording them access to land tenure and social housing, respect, the formalization of their territories and recognition of linguistic and cultural diversity; protection of women’s right to access to productive assets such as land and natural resources, and to credit. Reforms along these lines also require crimes to be clearly categorized, with greater consistency between administrative standards and punishable actions. Criminal law needs to be supported by a comprehensive policy on environmental crime to facilitate prevention and punishment. 9 C. ROLE OF KEY STAKEHOLDERS IN IMPLEMENTING SUSTAINABLE DEVELOPMENT Principles ong>20ong> to 22 of the Rio Declaration refer specifically to three groups of people that play a key role in ong>sustainableong> ong>developmentong>: youth, women, and indigenous peoples and local communities. Agenda 21 goes further by defining a total of nine main groups involved in developing and implementing ong>sustainableong> ong>developmentong> policies. They include, in addition to the above three groups, the private sector, workers and trade unions, non-governmental organizations, farmers, the science and technology community and local authorities. 1. Women towards ong>sustainableong> and equitable ong>developmentong> The international community considered the Convention on the Elimination of All Forms of Discrimination against Women (United Nations, 1979) as the basis for action under Agenda 21, chapter 24. Paragraph 4 of that chapter urges Governments to ratify all relevant conventions pertaining to women if they have not already done so. At the Fourth World Conference on Women: Action for Equality, Development and Peace and in the Beijing Platform for Action (1995) a host of measures were outlined concerning the role of women in ong>sustainableong> ong>developmentong> —echoing Agenda 21, chapter 24. The 12 areas of special concern that represent a barrier to women’s advancement include inadequate recognition and a lack of support for women’s contribution to natural resource management and environmental protection (United Nations, ong>20ong>06). Despite a strong regulatory base and the fact that in the late 1990s Latin America and the Caribbean was the only region in which all countries had ratified the Convention on the Elimination of All Forms of Discrimination against Women, there are still challenges in implementing it, the Beijing Platform of Action and the principles of the Rio Declaration. As such, the potential of women to participate in ong>sustainableong> ong>developmentong> issues as agents and beneficiaries of change has yet to be fully exploited. 9 See information on access to justice and reforms in national GEO reports [on line] http://www.pnuma.org/deat1/ nacionales.html

158<br />

Reforms that would improve access to envir<strong>on</strong>mental justice in <strong>the</strong> regi<strong>on</strong> include: eliminati<strong>on</strong> of<br />

barriers to <strong>the</strong> prosecuti<strong>on</strong> of envir<strong>on</strong>mental crimes; recogniti<strong>on</strong> of comm<strong>on</strong> and collective envir<strong>on</strong>mental<br />

interests in legal and administrative processes; ensuring legal enforceability of c<strong>on</strong>sultati<strong>on</strong> mechanisms<br />

and citizen participati<strong>on</strong> procedures; <strong>the</strong> establishment of envir<strong>on</strong>mental courts and prosecutors’ offices<br />

with adequate geographical distributi<strong>on</strong>; coordinati<strong>on</strong> between levels of government; <strong>the</strong> capacity to halt<br />

activities that are <strong>da</strong>maging to <strong>the</strong> envir<strong>on</strong>ment or to health; provisi<strong>on</strong> for <strong>the</strong> greater guarantees needed<br />

by indigenous people, affording <strong>the</strong>m access to land tenure and social housing, respect, <strong>the</strong> formalizati<strong>on</strong><br />

of <strong>the</strong>ir territories and recogniti<strong>on</strong> of linguistic and cultural diversity; protecti<strong>on</strong> of women’s right to<br />

access to productive assets such as land and natural resources, and to credit. Reforms al<strong>on</strong>g <strong>the</strong>se lines<br />

also require crimes to be clearly categorized, with greater c<strong>on</strong>sistency between administrative stan<strong>da</strong>rds<br />

and punishable acti<strong>on</strong>s. Criminal law needs to be supported by a comprehensive policy <strong>on</strong> envir<strong>on</strong>mental<br />

crime to facilitate preventi<strong>on</strong> and punishment. 9<br />

C. ROLE OF KEY STAKEHOLDERS IN IMPLEMENTING<br />

SUSTAINABLE DEVELOPMENT<br />

Principles <str<strong>on</strong>g>20</str<strong>on</strong>g> to 22 of <strong>the</strong> Rio Declarati<strong>on</strong> refer specifically to three groups of people that play a key role<br />

in <str<strong>on</strong>g>sustainable</str<strong>on</strong>g> <str<strong>on</strong>g>development</str<strong>on</strong>g>: youth, women, and indigenous peoples and local communities. Agen<strong>da</strong> 21<br />

goes fur<strong>the</strong>r by defining a total of nine main groups involved in developing and implementing<br />

<str<strong>on</strong>g>sustainable</str<strong>on</strong>g> <str<strong>on</strong>g>development</str<strong>on</strong>g> policies. They include, in additi<strong>on</strong> to <strong>the</strong> above three groups, <strong>the</strong> private sector,<br />

workers and trade uni<strong>on</strong>s, n<strong>on</strong>-governmental organizati<strong>on</strong>s, farmers, <strong>the</strong> science and technology<br />

community and local authorities.<br />

1. Women towards <str<strong>on</strong>g>sustainable</str<strong>on</strong>g> and equitable <str<strong>on</strong>g>development</str<strong>on</strong>g><br />

The internati<strong>on</strong>al community c<strong>on</strong>sidered <strong>the</strong> C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> <strong>the</strong> <strong>Eli</strong>minati<strong>on</strong> of All Forms of<br />

Discriminati<strong>on</strong> against Women (United Nati<strong>on</strong>s, 1979) as <strong>the</strong> basis for acti<strong>on</strong> under Agen<strong>da</strong> 21,<br />

chapter 24. Paragraph 4 of that chapter urges Governments to ratify all relevant c<strong>on</strong>venti<strong>on</strong>s pertaining to<br />

women if <strong>the</strong>y have not already d<strong>on</strong>e so. At <strong>the</strong> Fourth World C<strong>on</strong>ference <strong>on</strong> Women: Acti<strong>on</strong> for<br />

Equality, Development and Peace and in <strong>the</strong> Beijing Platform for Acti<strong>on</strong> (1995) a host of measures were<br />

outlined c<strong>on</strong>cerning <strong>the</strong> role of women in <str<strong>on</strong>g>sustainable</str<strong>on</strong>g> <str<strong>on</strong>g>development</str<strong>on</strong>g> —echoing Agen<strong>da</strong> 21, chapter 24. The<br />

12 areas of special c<strong>on</strong>cern that represent a barrier to women’s advancement include inadequate<br />

recogniti<strong>on</strong> and a lack of support for women’s c<strong>on</strong>tributi<strong>on</strong> to natural resource management and<br />

envir<strong>on</strong>mental protecti<strong>on</strong> (United Nati<strong>on</strong>s, <str<strong>on</strong>g>20</str<strong>on</strong>g>06).<br />

Despite a str<strong>on</strong>g regulatory base and <strong>the</strong> fact that in <strong>the</strong> late 1990s Latin America and <strong>the</strong> Caribbean<br />

was <strong>the</strong> <strong>on</strong>ly regi<strong>on</strong> in which all countries had ratified <strong>the</strong> C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> <strong>the</strong> <strong>Eli</strong>minati<strong>on</strong> of All Forms of<br />

Discriminati<strong>on</strong> against Women, <strong>the</strong>re are still challenges in implementing it, <strong>the</strong> Beijing Platform of Acti<strong>on</strong><br />

and <strong>the</strong> principles of <strong>the</strong> Rio Declarati<strong>on</strong>. As such, <strong>the</strong> potential of women to participate in <str<strong>on</strong>g>sustainable</str<strong>on</strong>g><br />

<str<strong>on</strong>g>development</str<strong>on</strong>g> issues as agents and beneficiaries of change has yet to be fully exploited.<br />

9<br />

See informati<strong>on</strong> <strong>on</strong> access to justice and reforms in nati<strong>on</strong>al GEO reports [<strong>on</strong> line] http://www.pnuma.org/deat1/<br />

naci<strong>on</strong>ales.html

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