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Category Archives: Normativa de Gestión Ambiental

INSAPROMA SUPPORTS CREATION OF ENVIRONMENTAL VOLUNTEERING

The Institute of Lawyers for the Protection of the Environment (INSAPROMA) expressed through its Executive Director Euren Cuevas Medina that they support the creation of Environmental Volunteers because it comes to give life to one of several fundamental principles of the Rio Declaration of 1992 and envisaged by law 64-00 on environment and natural resources, such as the Principle of Shared Responsibility, which states: “It is the responsibility of the State, society and every inhabitant of the country to protect, preserve, improve, restore and make sustainable use of natural resources and the environment, and eliminating unsustainable production and consumption patterns.

 

This principle places the responsibility of protecting the Environment and Natural Resources, regardless of whether it is Dominican or foreign, in the hands of all. Everyone who lives in the country has the obligation to protect the environment and make a sustainable use of it.

 

Another aspect to highlight of Environmental Volunteering is the fact of awakening Principle 10 of a Declaration of Rio 1992, in the aspect that this Principle establishes among other things that “The best way to effectively manage the environment is with participation of all at their corresponding level and the relevant authorities must guarantee access to information, participation and access to environmental justice. ” Undoubtedly with this Volunteering commitments are fulfilled more than 20 years ago and have not yet materialized.

 

INSAPROMA expects that the head of the environment portfolio, Mr. Francisco Domínguez Brito effectively enforces the 64-00 law, because if he does. the Swiss would move to live in the Dominican Republic.

(Español) Organizaciones de la sociedad civil y ambientalistas solicitaron al Congreso Nacional que apruebe el Acuerdo de Parías sobre Cambio Climático.

Sorry, this entry is only available in European Spanish.

TWENTY-EIGHTH ENVIRONMENTAL AND CIVIL SOCIETY ORGANIZATIONS DEMAND THAT THE CHAMBER OF DEPUTIES AND THE SENATE TO RATIFY THE PARIS AGREEMENT ON CLIMATE CHANGE IMMEDIATELY

Press release,
Thursday, November 10, 2016,
Santo Domingo, D.N.

This morning, 22 environmental and civil society organizations from the country delivered letters to the presidencies of the Chamber of Deputies and the Senate, calling for the immediate ratification of the Paris Agreement on Climate Change.

Among the signatory organizations of these letters are the NGO Alliance, Grupo Jaragua, PRONATURA, the Ecological Society of Cibao (SOECI), the Ecological Society of Nizao, the Dominican Environmental Consortium, Institute of Lawyers for the Protection of the Environment (INSAPROMA), Ecological Foundation Macorís Verde, Citizen Participation, the Institute for Development of the Associative Economy (IDEAC), Climate Justice, Ecoferia Dominicana and the National Committee to Combat Climate Change (CNLCC).

The following also signed the letter; Guakia Ambiente,the Federation of Organizations for the Defense of Health, Environment and Agriculture of the Peravia Province, the Tropical Ecology Foundation, the Association for the Protection of the Environment and Tourism of the Cabarete Zone And Sosúa (ASOPROCASO), Community Action for the Environment (PACMA), the Dominican Association of Authorized Public Environmental Specialties (ADEAPA), among others.

Josefina Arvelo, Coordinator of Citizen Participation, Euren Cuevas Medina of the Institute of Lawyers for the Protection of the Environment (INSAPROMA), David Montes de Oca of the Fundación Macorís Verde and Yvonne Arias of the Jaragua Group were the spokespersons for the organizations that explained the content of the letters to the media present.

In the letter, the organizations call on the Presidency of the Republic, the National Congress and the Constitutional Court to act with a sense of urgency and to avoid obstacles that may be the cause of the delay in ratifying the Paris Agreement.

They pointed out that “there should be nothing more important and urgent than the survival and safety of our families and those of the entire planet.”

They stated that it is inexplicable that the Dominican Republic has not yet ratified the Paris Agreement on Climate Change, when in November of last year President Danilo Medina expressed his commitment to support the agreement that emerged from the World Summit on Climate Change ( COP 21), before the international community gathered in this conclave, in Paris, France.

They recalled that on that occasion the president of the nation, adopted the Country-Commitment to reduce by 25% the total emissions of carbon dioxide by 2020.

“We call for the ratification of an instrument that will favor the entire planet and our country, in line with our level of climate vulnerability, and with the fact that President Medina himself, on behalf of the Dominican Republic, on April 22, This year, at the United Nations, signed this Agreement along with 170 other states” they said.

They supported the demand for ratification of the Paris Agreement in that the country is the eighth most vulnerable and threatened by the effects of climate change and shares the island with Haiti, which is the third in this “tragic list”.

“The recent hurricane Matthew just confirmed this situation, leaving behind thousands of families displaced and homeless, wounded, missing and dead, especially in southwestern Haiti, where the death toll rose to about one thousand people” they said.

The organizations emphasize in the document submitted that the Dominican Republic belongs to the group of Small Island Developing States (SIDS) located in the tropics, particularly threatened by the increase in the level of the oceans, due to the ice melting in the Arctic , and by extreme phenomena such as increased frequency and intensity of hurricanes, as well as by prolonged and severe droughts.

They noted that although the country will no longer be among the group of nations of the world that ratified before last Friday, November 4, the Paris Agreement, it is time to ratify it and “honor the commitment made by President Danilo Medina, in Paris, France, in November 2015, and on 22 April this year, in New York, at the UN headquarters. “

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Representatives of 22 environmental and civil society organizations handed over to the director of the representation center, Olimpia Méndez Cartagena, a letter addressed to the presidency of the Chamber of Deputies, demanding the immediate ratification of the Paris Agreement on the Climate change.

 

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This morning, representatives of twenty-two environmental and civil society organizations delivered in the Senate a letter addressed to the President of that body demanding the immediate ratification of the Paris Agreement on Climate Change.

 

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Delegation of twenty-two environmental organizations and civil society deposit a letter addressed to the Presidency of the Senate, in the Committee on the Environment of that body, demanding the immediate ratification of the Paris Agreement on Climate Change

 

DO YOU AGREE WITH THE CREATION OF ENVIRONMENTAL COURTS AS MANIFESTED BY THE PRESIDENT OF THE SUPREME COURT?

Currently in the Dominican Republic has four special courts, Labor Court to settle disputes between employers and employees in the private sector Children and Adolescents Court regulated by Law 136-03 of July 22, 2003, that handles all matters related to the behavior of children with their environment and their families, Tax Dispute Court which settles disputes arising between officials and employees of public administration and between state officials and private individuals regarding thei roles, the Special Traffic Court, before which violations to Law 241 and its modifications covering traffic accidents of motor vehicle, and finally we have the Family Court.

We note that these courts hear very particular issues that involve a specific population within the Dominican conglomerate, in that sense it is feasible to identify issues that would meet the Environmental Court if created, depending on what is represented by reference to the definition of Law 64-00 on Environment and Natural Resources, dated 18 August 2000, in its article 16 paragraph 35 that says; “Environment is the system of biotic, abiotic, socioeconomic, cultural and aesthetic interacting with individuals and the community in which they live, and determine their relationship and survival “, a definition that clearly specifies the powers of the Environmental Tribunal.

If we take every word of this definition of the Environment, we note that it is a system of biotic elements, which means all living things that inhabit the earth (humans, plants and animals); The second word should be taken as a reference is the “abiotic” which are those things that do not have life, such as metallic and non-metallic mining (sand, stones, gravel, air, soil, etc .); a third element to consider is the “socioeconomic” indicating that at the time of intervening over the Environment, we should take into account the social and economic aspect of the country, communities or any environment where they impact one way or another over the environment; the fourth element is “cultural“, it refers to those elements that represent the identity of a particular time, such as aboriginal pictographs (the faces of Lake Enriquillo National Park, the aboriginal cemetery of the Eastern National Park, Pomiel and San Cristobal Caves, etc.), and finally the “aesthetic” that has to do with the natural beauties. In fact we are signatories to the Convention for the Protection of Flora, Fauna and Natural Scenic Beauty of the Americas.

We should ask ourselves if we have a traffic courts for minors, tax litigation, labor, which are particular issues, why not have an environmental court if the environment and natural resources constitutes everything, as defined in environmental law ? but also protect the environment and natural resources, it is a matter of survival of the human race, so that the creation of the Environmental Court should be a necessity.

There could be theories that support the thesis that we are not prepared to create environmental courts and I ask myself; are common law judges that who know of environmental crimes today prepared? What are the main problems we have with environmental crimes? That judges simply do not know the ecological, economic, cultural and aesthetic values, etc. Of the environment and natural resources so that sentences do not correspond to the damage to the natural heritage, so in this regard with the creation of environmental courts, the Judicial College will have an obligation to train judges who know of environmental issues.

WHAT SANCTIONS WILL BE JUDGED IN AN ENVIRONMENTAL COURT?

Law 64-00 penalizes violators of it, with three types of administrative penalties stipulated in Article 167, which punishes with a fine of half (1/2) minimum wage up to three thousand (3,000) current minimum wages, on the date on which the offense was committed, depending on the economic dimension of the natural or legal person who caused the damage and the extent of damage caused. With the limitation or restriction of the activities that cause harm or risk to the environment, or if the case may be, subject to the same modalities and procedures that such injury or risk disappear; confiscation and / or seizure of objects, tools, appliances, vehicles, raw materials, products or articles, finished or not, used to cause the damage; and banning or temporary or provisional suspension of activities that generate damage or environmental risk sought to be avoided and, in extreme cases, partial or complete closure of the premises or establishment where the activity that generated the violation of this law and other related was carried out.

Criminal penalties:

As for the criminal penalties provided for in Article 183 of the Act, the Environmental Court may issue against individuals who have violated this law, the following sanctions or obligations: correctional prison term of six (6) days to three (3 ) years and, if they people had died because of the violation, it shall apply the provisions of the Dominican Penal Code; and / or a fine of one-fourth (1/4) of the minimum wage up to ten thousand (10,000) current minimum wages in the public sector on the date on which the judgment is delivered; and / or confiscation of raw materials, tools, equipment, instruments, machinery, transport vehicles, and products or articles, if any, arising out of the violation, or were used in the perpetration of the crime, or may themselves constitute a danger to natural resources and the environment, or the health of human beings; and / or the obligation to provide financial compensation to people who have suffered damages; and / or temporary or permanent withdrawal of the authorization, license or permit to exercise or engage in activities that have caused or threaten to cause harm or damage; and / or destroy, neutralize or dispose in accordance with the procedures outlined by this law and the competent authority, processed substances produced, manufactured, processed or offered for sale, likely to cause damage to human health and the environment ; and / or obligation to modify or demolish the buildings that violate provisions on protection, conservation and protection of the environment and humans; and / or the obligation to return to their country of origin and substances dangerous or harmful elements or combinations that have been imported in violation of the law; and / or install the necessary devices to stop or prevent pollution, impairment, decreased or degradation of the environment ; and / or the obligation to return the items to the natural environment from which they were stolen; and / or the obligation to repair, replace, compensate, restore, rehabilitate or restore its original state, as far as possible, the natural resource removed, destroyed, eroded, reduced, damaged or adversely modified.

Civil Sanctions:

For the application of this type of sanction it is required that there has been caused damage to property or to the person to be compensated, so provided in Article 169 of Law 64-00.

FOR WHICH FACTS MAY WHICH MAY THE ENVIRONMENTAL COURT IMPOSE THESE SANCTIONS?

Article 175 of Law 64-00 states that crimes against the environment and natural resources are committed when: Whoever violates this law, supplementary laws, regulations and standards and activities effected, considerably damaging natural resources or permanent ; who hunt, capture or causes the death of species declared endangered or legally protected; who use explosives, poisons, traps or other instruments or art that damage or cause suffering to species of terrestrial or aquatic fauna, whether endemic, native, resident or migratory; who violates the rules, parameters and permissible limits for discharges or disposal of toxic and hazardous substances legally defined, and discharge them into bodies of water, released into the air or deposited in unauthorized places for this, or at authorized sites without permission or clandestinely; who violates the rules, parameters and permissible limits, and pour untreated sewage into bodies of water or sewage systems, disposal of non-hazardous industrial solid waste in unauthorized to do so or emit air pollutants, exhaust gases, agents sites biological and biochemical; who violates the relevant technical standards and generate or handle toxic or hazardous substances, transform toxic or hazardous waste pollution moving to another receiving environment, or whom operate, store or download unauthorized places; who violates the regulations contained in the environmental licenses or permits, or obtained using false or altered environmental logbooks on emissions and discharges, or public official to grant such licenses or permits without complying with the requirements of the assessment process environmental impact, when the law so requires.

All offenses are not contemplated this article are punished with administrative sanctions.

PROPOSAL FOR THE CREATION OF ENVIRONMENTAL COURT

Law No. 821 of Judicial Organization dated November 21, 1927, as amended regulates the system of the Dominican courts, these courts are constituted in hierarchical order by the Supreme Court that divides them into three (3) chambers that They identify as First Chamber, Second Chamber and the Third Chamber, as established by Law No. 156-97, of 10/07/97, GO No. 9959; The Courts of Appeal, comprising eleven (11) judicial departments, are also divided into chambers; the Court of First Instance, which are classified into two groups, the fullness of Jurisdiction and those who do not have full jurisdiction and the Magistrates’ Courts, which hear cases from simple police and other minor matters.

The full jurisdiction is that the court hears of conflicts in various subjects, criminal, labor, civil, commercial, infants, children and adolescents, with the simple fact become the subject to be known at the time. Most courts know their affairs with full jurisdiction.

With regard to the facts that can be treated in environmental matters, we propose that the Environmental Court be created with full jurisdiction, to meet environmental criminal, civil and environmental administration, to rule over the subject matter presented at the time.

A Court of First Instance and Court of Appeal before which environmental issues should be created, the Court should be composed of three judges and the Court, with five judges as contemplated at present within Law 821 and Criminal Procedure code.

With the creation of environmental courts we would guarantee that the judges of environmental law offenders are punished in their proper perspective, depending on the damage and not questionable judgments from all points of view.

LIC. EUREN CUEVAS MEDINA
President

Media report – Promotion of public participation in the 4th. Meeting – Principle 10

Report on media communications contacted and those involved to promote public participation in the 4th negotiation meeting of the Regional Convention on Principle 10.

Press Releases were sent to all media, both written and televised to attend the workshop and the opening of the Negotiations on the 4th round of of negotiations for P10.

 

Live Interviews:

Friday 08/08/2016
Only weekly television program on Friday
Mundo Ecológico” Friday, August 8, 2016 from 8:00 A.M. at 9:00 AM, Channel T.V. Digital 15, director, journalist Esteban Euren Cuevas Medina participated as interviewee, Focal Point in the Dominican Republic for the Regional Process P10.

Monday 08/08/2016
Television program “La Revista“, which airs from 8 AM to 8: 30.AM by DigiCal channel 15. Conductors; Geraldino González and Báez Puello. Participated; the public, Andrea Sanhueza from Chile and Euren Cuevas Medina of the Dominican Republic.

Monday 08/08/2016
Radio Program “La Opción de la Mañana” on 93.3 FM from 8:30 to 9:00 PM. Participated; the public, Andrea Sanhueza from Chile and Euren Cuevas Medina of the Dominican Republic.

Wednesday 10/08/2016
TV program “Matinal” on Channel 5 Telemicro. Led by Geraldino González, Persio Maldonado and Domingo del Pilar 7:25 AM. Participated; the public, Andrea Sanhueza from Chile and Euren Cuevas Medina of the Dominican Republic.

Thursday 11/08/2016
Radio program “EL Gobierno de la tarde” on station Z 101.3, conductor Andres L. Mateo, Fafa Taveras, Domingo Paez and Jose Luis Mendoza. Participated; the public,  Andrés Napolis of Argentina and Euren Cuevas Medina of the Dominican Republic

Programs that discussed and aired information, among others:

Was commented on TV’s “Objetivo 5” on Saturdays at 11:00 pm, transmitted on Channel 5, led by Domingo del Pilar and Geraldino González.

Was passed as news on the television program “Lo Último” which airs Sundays at 6:00 pm.

Was also commented on “Noticias Telemicro” Channel 5, Monday 2-3 pm.

Commented on the radio program “Voces propias” on the station Z 101. 1:00 pm to 3:00 pm.

The programs that reported live:

Andrea Sanhueza has one of the programs recorded on a CD, I have yet to retrieve copy.

Newspapers that published the opening ceremony:

http://elnacional.com.do/ministros-encabezan-ronda-de-negociacion-para-la-aplicacion-del-principio-10-en-asuntos-ambientales-en-al-y-el-caribe/

https://www.servindi.org/actualidad-noticias/15/08/2016/acuerdo-de-principio-10-debe-tener-vision-intercultural

http://www.alianzaregional.net/acciones/comunicacion/alianza-regional-presenta-observaciones-al-comite-de-negociacion-de-principio-10-en-republica-dominicana/

http://azuainformadigital.blogspot.com/2016/08/rep-dom-sera-sede-desde-el-martes-de.html

http://noticias.anotao.com/link/do/20160802127482/www.diariolibre.com/medioambiente/republica-dominicana-sera-sede-desde-el-martes-de-ronda-de-negociacion-para-acuerdo-del-principio-10-AD4588673

http://primermomento.com/?p=279645

http://www.laverdad.com.do/otras-noticias/2016/08/07/medio-ambiente-anuncia-la-celebracion-en-el-pais-de-la-cuarta-ronda-de-negociacion-para-acuerdo-sobre-la-aplicacion-del-principio-10-en-asuntos-ambientales-en-america-latina-y-el-caribe/

Contacted to participate but that could not confirm because of full bookings:

Interview and commentary program “Uno + Uno” which airs on Channel 2 Teleantillas.

The television commentary and interview program “El Despertador” SIN group, Channel 9.

Radio program “El Zol De la Mañana” on station 106.5, transmitting from 5:00 am to 11:00 am.

Note:
These above programs could not participate because of short time notice, these require 15 days advance notification

Government and civil society working to strengthen Environmental Governance in Latin America and the Caribbean

PRESS RELEASE

Twenty-two (22) signatory countries and more than 40 representatives of the public made a significant advances in the 4th Meeting of the Negotiating Committee of the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (LAC). The negotiation meeting held in Santo Domingo, Dominican Republic, from 9 to 12 August 2016, was aimed at raising standards for environmental governance in the LAC region.

andrea 2In her final words Andrea Sanhueza, Public Representative-elect (Chile) said: “We are very encouraged by a more open relationship between state representatives and the public, and we have seen and we sincerely appreciate the significant increase and consideration our views and contributions to the negotiations have received.

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Ms. Sanhueza also noted as Lic. Euren Cuevas Medina, Executive Director of the Institute of Lawyers for Environmental Protection (INSAPROMA) of the Dominican Republic in his opening speech that a concern is the continued emphasis in the inclusion of texts that refer to “in accordance with the rules laid down in the national legislation”. She said: “This approach is at odds with the progressive regional standard that we expect to achieve this agreement. In this regard, we urge our countries to focus on the minimum standard be the highest possible in order to ensure effective implementation of this instrument.”

Ms. Sanhueza welcomed the last signatory, St. Kitts and Nevis, to the LAC process and indicated that the elected representatives of the public will support the participation of the civil society in these new countries and increased participation of Caribbean governments. Granada joined the process on the 3rd negotiation meeting in Uruguay in April 2016.

In his closing remarks, the President of the negotiation, Ambassador Luis Omar Fernandez, the Ministry of Foreign Affairs of the Dominican Republic, stressed the unique character of the negotiations, that include representatives of the public. Ambassador Fernandez and the delegate of Mexico, Mr. Hernán Ruiz Bravo, Subdirector General for Global Affairs of the Ministry of Foreign Affairs, thanked the public representatives for their contributions.

It is expected that the 5th. Negotiation meeting will take place at the headquarters of the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) in Santiago, Chile from 22 to 25 November 2016. At this point, negotiations will resume with Articles 7 to 10 and will conduct the review of the outstanding issues from the exposition of motives up to Article 10.

For more information, please contact:
Andrea Sanhueza
Elected Public Representative (Chile)
andreasanhuezae@gmail.com

Danielle Andrade
Elected Public Representative (Jamaica)
dandrade.law@gmail.com

Paola Valdes
Journalist (Latin America)
periodistalacp10@gmail.com

Karetta Crooks Charles
Alternate Elected Representative of the Public (St. Lucia) and Journalist (Caribbean)
karetta.charles@gmail.com

Visit our website: www.lacp10.org
Facebook: LAC Regional Public Mechanism P10 – ALC P10 Mecanismo Público Regional
Twitter: @ LacP10info

 

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What is the Declaration of Principle 10 of Latin America and the Caribbean?

It is a political commitment made by several governments of the region to promote a change in how decisions are made and to begin negotiating a regional agreement that will bring standards on access to information, participation and justice in their countries. This commitment seeks to ensure that all people in Latin America and the Caribbean can participate in environmental decisions that affect them directly. This Regional Agreement will help citizens to obtain information, participate in decision-making and prevent the development of projects that could damage their lives and livelihoods, and prevent the proliferation of socio-environmental conflicts. Any country in Latin America and the Caribbean can join the negotiation process by signing the Declaration. To do this, you should contact the Technical Secretariat of this process, the United Nations Economic Commission for Latin America and the Caribbean (ECLAC), email: principio10.lac@cepal.org.

 

 

What is a responsible citizen?

Our new authorities took possession yesterday to direct the destiny of the country during the 4 years to come, a prerequisite is to swear to comply with and enforce the laws, regulations and all the duties of his office. The President swears both before Congress and raises his hand to ministers of different portfolios. A responsible citizen takes the President’s word and takes the word to each of the officials, both elected and appointed to monitor, and see if they fulfill what have promised.

 

INSAPROMA will take the Minister of Environment and Natural Resources’ word to see if he will fulfill his oath, otherwise the country and INSAPROMA will take it into account. Lic. Francisco Dominguez Brito has a big challenge that is to apply the law effectively, his objective to improve environmental management in more than 80%, simply may he comply with what he vowed to the President of the Republic and to the country.

For now we suggest ending the charcoal mafia, which in plain sight of all and even environmental permits that charcoal be trafficked to Haiti and even exported to other countries, all taken from a National Park, the only Biosphere Reserve that the country has in the Jaragua, Bahoruco-Enriquillo region.

Eliminate corruption with environmental permits and licenses. The law 64-00 states very clearly that prior to starting any project, one must have an environmental impact study or impact statement, as appropriate and then obtain the environmental permit or license. However, project developers start construction work and create irreparable and unmeasured environmental impact, since prior environmental impact are not made. Further the practice of the Ministry of Environment is to legitimize this barbarity, imposing a meaningless fine to perpetrators and then granting them an environmental license, what use is the law then?

Another delicate situation is the unchecked extraction of aggregate in rivers, all this in the eyes of everyone except the Ministry of Environment and Natural Resources, we hope Mr. Dominguez Brito that this time is different, count on us to enforce the law, that is to fulfill your oath to fulfill and enforce the law.

Lic. Euren Cuevas Medina
Executive Director INSAPROMA

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4ta. Meeting Principle 10 – Opening statement

Opening remarks by Mr. Euren Cuevas Medina Executive Director of INSAPROMA, Dominican Republic in the 4th. Negotiating Committee Meeting of the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean.

 

Santo Domingo, Dominican Republic | August 9, 2016

discurso apertura -euren cuevas-principio10-640Good morning Mr. Andrés Navarro, Minister of Foreign Affairs, Dr. Bautista Rojas Gomez, Minister of Environment and Natural Resources, Carlos de Miguel, ECLAC, delegates of different countries, public and the press, are all welcome to our land.

This is a good opportunity to highlight the leading role played by the Dominican Republic in this process, being of the first 10 signatories of this commitment in 2012, occupying the vice presidency of the board and working to add more countries to this party of Latin American and Caribbean democracy, now it has 21 signatory countries. It is also important to note that the Dominican Republic has had a strong and unswerving position and it has expressed since the first negotiating session, that for this effort of four years we have been doing, of to obtain the fruits that the entire region and the world awaits, It must be a binding agreement.

We want to emphasize also that Dominican civil society and government have worked together in the dissemination of this process in the Dominican Republic and is an example of civil society and governments that can work together and get better results.

Unfortunately, it is not enough that we have a binding agreement, but:

  • We need a regional agreement that transcends our national legislation and establish regional standards.
  • A regional agreement where its content is continually referred to the national legislation does not advance the concept of common regional standards that are the baseline, not the summit of the agreement.
  • The goal should not be the lowest common denominator, but aim for the top.
  • Our economies are based on our ecosystem; with increasing regional investments, we need strong safeguards to ensure sustainable use of our natural resources and our livelihoods, health and life itself are not adversely affected by poor environmental decisions.

The Dominican Republic, for example, is an island, fragile country, located on an island of 72,000 km2, which it shares with Haiti, with more than 20 million people and our country has given in concessions a large part of the country as objective explore and exploit minerals. These concessions prior exploration and exploitation grants must be submitted to the discussion of the owner of these minerals, which is the Dominican people, so that does not happen what happened with the cement plant and the Los Haitises National Park or what happened to Loma Miranda.

The integration of the public in the use of natural resources decreases conflicts, increases transparency and thus contributes to sustainable development.
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Practice in the use of Principle 10 in the Dominican Republic, has been limited, regardless that we occupy position 20 of 70 countries assessed by TAI-IRG in the Index of Environmental Democracy, even if its stipulated in laws, this does not translate and is exercised effectively in the country, and it is not enough that the law guarantees free access to information, public participation and access to environmental justice, if not, it is necessary that the Ministry of Environment and Natural Resources designates part of the budget of the ministry to ensure such access rights, empowering people with more education and dissemination through various media so that citizens are aware of their rights and use them for their welfare.

We encourage more governments to commit to achieve a legally binding agreement. This creates certainty in the process and indicates a level of commitment to the process. This will ensure that the governments of all signatory countries commit to working towards effective attainment of the principles enshrined in the agreement to actively raise levels of environmental governance in the region.

Access rights have been recognized in the international and regional community as intrinsic to human rights and sustainable development. These same principles are interwoven with the objectives of sustainable development, which all signatory countries have committed to this process.

Of you, leaders of the most unequal region of the planet, depends a binding agreement to decrease environmental conflicts, that is why I say: this is “Our environment, our region, our decisions, our future.”

Thank you very much

 

Public representatives will participate in Workshop of good practices on access rights prior to major environmental negotiation

PRESS RELEASE
Santo Sunday, August 5, 2016

Public representatives will participate in Workshop of good practices on access rights prior to major environmental negotiation.
Elected representatives of the public and members of civil society organizations will participate on Monday, August 8 in a training workshop on good practices regarding access to information, public participation and justice in environmental matters, organized by the Economic Commission for Latin America and the Caribbean (ECLAC) and the Ministry of Environment and Natural Resources of the Dominican Republic.
This activity will take place at the Crown Plaza Hotel Santo Domingo, 8:30 a.m. to 1:00 p.m., precedes the Fourth Meeting of the Regional Negotiating Agreement on this subject to be held on Tuesday, 9 to Friday 12 August.
The workshop aims to discuss and analyze the experiences in the application of Principle 10 in Latin America and the Caribbean. Trends, actions, challenges and lessons learned in order to evaluate and define the key issues for the effective implementation of the rights of access to information, participation and justice in environmental matters will be shared.
As part of the workshop, the official launch of the website of the public and civil society on Principle 10, which will serve as a valuable tool in spreading on the progress of the negotiation of the Regional Agreement will be made, as well as general information on access rights and their application in different countries of the region.
Euren Cuevas Medina, form the Lawyers Institute for Environmental Protection (INSAPROMA) of the Dominican Republic, said that “Governments negotiate provisions on access rights, which are fundamental rights in the meeting that begins Tuesday 9 so good practices to be shared in this workshop are important for the negotiation process.”
Meanwhile, Danielle Andrade, Electa Public Representative for Jamaica, said that “it is very important that more and more people from civil society, especially Caribbean countries, know about these access rights. Our economies are based on our ecosystem; with increasing regional investments, we need strong safeguards to ensure sustainable use of our natural resources and our livelihoods, our health and life itself are not adversely affected by poor environmental decisions. “

What is the Declaration of Latin America and the Caribbean on Principle 10?

It is a political commitment made by several governments of the region to promote a change in how decisions are made and to begin negotiating a regional agreement that will bring standards on access to information, participation and justice in their countries. This commitment seeks to ensure that all people in Latin America and the Caribbean can participate in environmental decisions that affect them directly. This Regional Agreement will help citizens to obtain information, participate in decision-making and prevent the development of projects that could damage their lives and livelihoods, and prevent the proliferation of socio-environmental conflicts. Any country in Latin America and the Caribbean can join the negotiation process by signing the Declaration. To do this, you should contact the Technical Secretariat of this process, the United Nations Economic Commission for Latin America and the Caribbean (ECLAC), in the mail: principio10.lac@cepal.org.
For more information:
Andrea Sanhueza – Public Representative Electa (Chile) – andreasanhuezae@gmail.com
Danielle Andrade – Elected Representative of the Public (Jamaica) – dandrade.law@gmail.com
Paola Valdes – Media: periodistalacp10@gmail.com

21 COUNTRIES ARE NEGOTIATING REGIONAL CONVENTION IN RD

Mr. Euren Cuevas Medina, Executive director of the Lawyers Institute for Environmental Protection (INSAPROMA) has been chosen by the United Nations Economic Commission for Latin America and the Caribbean (ECLAC), logo-cepal-2by representatives of the public and the Dominican government to give the opening remarks by the civil society in the 4th. Round of negotiations on the Convention on Access to Information, Public Participation and Access to Environmental Justice (Principle 10 of the Rio Declaration, 1992), since 2014, the governments of Latin America and the Caribbean, with the active participation of civil society have been discussing about.
The international conclave will be held from 9 to 12 August this year, with a previous workshop for the civil society “Training and good practices on implementation of Principle 10 in Latin America and the Caribbean”, which aims to discuss and analyze experiences of implementation of Principle 10 of the Rio Declaration on Environment and Development in Latin America and the Caribbean and share trends, challenges and lessons learned.
The undersigned governments of this commitment have been discussing this point by point agreement and progress has been made up to Article 6. The aspirations of this 4th. round of negotiations is that Antigua and Barbuda, Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Granada, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Panama, Paraguay, Peru, St. Vincent and the Grenadines, Trinidad and Tobago and Uruguay, advance up to to the article 10 at least. In a next round to complete remaining work.
This is an unprecedented opportunity for civil society in the region, since representatives of civil society never had the opportunity to discuss the agreements with governments with such impact, and why it must be undertaken by all the active civil society and for those who cannot in person, follow through the web.