Category Archives: LEGISLACION

(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.

Motivational Words for Delegates – Chile Regional Convention

Motivational Words for Delegates

THE SPEECH HAS BEEN EXPRESSED BY LIC. EUREN CUEVAS MEDINA, EXECUTIVE DIRECTOR OF INSAPROMA AND ALSO REPRESENTATIVE OF THE PUBLIC IN THE PRESENCE OF 23 GOVERNMENTS THAT ARE DISCUSSING THE REGIONAL CONVENTION IN SANTIAGO DE CHILE

Good morning, distinguished delegates.

We members of the public want to acknowledge the progress made in the discussion of the regional instrument to this day, however we are highly concerned about the turn of the negotiations yesterday. The governments present here are not taking up the challenge with the ambition to respond effectively to the needs of the region that presents many serious situations such as attacks and murders on a daily basis against environmental defenders and indigenous leaders.

We must remind the distinguished delegates of the countries involved and responsible for this process, that 24 years ago in Rio 92, a moral commitment was made when Principle 10 was approved, to guarantee access to information, public participation and justice Environmental and made clear at that time that the best way to manage the environment and natural resources is with the participation of all, however what we observed yesterday was to turn-back the process 24 years. The region, the world that observes us, does not conceive that governments after 4 or 5 years of discussion of a regional instrument like this, are not able to make the leap from moral commitment to legal commitment, the region will not forgive governments here-present that the invested resources of their taxes for this process, be used to repeat the same story of Rio 92, a moral commitment, which was what happened yesterday, and locally legal measures have been taken in this regard, such as creation of laws on access to information, participation and access to justice, that is why we do not understand the attitude of two or three governments in this room, to focus on protecting companies and their information over access rights to information and human rights.

We want to emphasize the fundamental importance of being committed to integrating society as a whole in environmental decision making that affects it in environmental matters, leaving the participation or the delivery of information to the will of the decision makers. Otherwise this collective, regional and autonomous effort will have been a resounding failure and you and we will be co-responsible.

Repeated references to legislation or national capacities in the text contradict the intention to build an ambitious international standard in the Regional Agreement. In addition, the change in paragraph formulations that contemplated direct obligations by paragraphs in which states have no greater obligation undermines the ambitious spirit that this negotiation is supposed to lead.

The process has already begun to strengthen the institutional capacities of the states in the region as well as civil society organizations. These capabilities will continue to strengthen and therefore there is no reason to delay progress in negotiations or to bet on low and superfluous standards that will not effectively contribute to the correct implementation of access rights in our countries.

We want and demand a regional instrument that is capable of reducing environmental conflicts, increasing sustainable development and ensuring peace in the region, and this is only possible with a strong regional agreement where there are clear commitments to participate and legitimize environmental processes.

Thank you very much.

Motivational Words for Delegates – Chile Regional Convention

Motivational Words for Delegates

THE SPEECH HAS BEEN EXPRESSED BY LIC. EUREN CUEVAS MEDINA, EXECUTIVE DIRECTOR OF INSAPROMA AND ALSO REPRESENTATIVE OF THE PUBLIC IN THE PRESENCE OF 23 GOVERNMENTS THAT ARE DISCUSSING THE REGIONAL CONVENTION IN SANTIAGO DE CHILE

Good morning, distinguished delegates.

We members of the public want to acknowledge the progress made in the discussion of the regional instrument to this day, however we are highly concerned about the turn of the negotiations yesterday. The governments present here are not taking up the challenge with the ambition to respond effectively to the needs of the region that presents many serious situations such as attacks and murders on a daily basis against environmental defenders and indigenous leaders.

We must remind the distinguished delegates of the countries involved and responsible for this process, that 24 years ago in Rio 92, a moral commitment was made when Principle 10 was approved, to guarantee access to information, public participation and justice Environmental and made clear at that time that the best way to manage the environment and natural resources is with the participation of all, however what we observed yesterday was to turn-back the process 24 years. The region, the world that observes us, does not conceive that governments after 4 or 5 years of discussion of a regional instrument like this, are not able to make the leap from moral commitment to legal commitment, the region will not forgive governments here-present that the invested resources of their taxes for this process, be used to repeat the same story of Rio 92, a moral commitment, which was what happened yesterday, and locally legal measures have been taken in this regard, such as creation of laws on access to information, participation and access to justice, that is why we do not understand the attitude of two or three governments in this room, to focus on protecting companies and their information over access rights to information and human rights.

We want to emphasize the fundamental importance of being committed to integrating society as a whole in environmental decision making that affects it in environmental matters, leaving the participation or the delivery of information to the will of the decision makers. Otherwise this collective, regional and autonomous effort will have been a resounding failure and you and we will be co-responsible.

Repeated references to legislation or national capacities in the text contradict the intention to build an ambitious international standard in the Regional Agreement. In addition, the change in paragraph formulations that contemplated direct obligations by paragraphs in which states have no greater obligation undermines the ambitious spirit that this negotiation is supposed to lead.

The process has already begun to strengthen the institutional capacities of the states in the region as well as civil society organizations. These capabilities will continue to strengthen and therefore there is no reason to delay progress in negotiations or to bet on low and superfluous standards that will not effectively contribute to the correct implementation of access rights in our countries.

We want and demand a regional instrument that is capable of reducing environmental conflicts, increasing sustainable development and ensuring peace in the region, and this is only possible with a strong regional agreement where there are clear commitments to participate and legitimize environmental processes.

Thank you very much.

Producers have 120 days to leave Valle Nuevo park

Constanza RD – Producers of Valle Nuevo in Constanza ask President Danilo Medina to listen to their requests and reject the term of 120 days granted by the Ministry of Environment to evict the park.

Like a bucket of cold water, the Ministry of the Environment, Francisco Domínguez Brito, fell onto the producers of Valle Nuevo, where he says that in 120 days the producers will have to leave the grounds of the park of Valle Nuevo.

valle-nuevo-academia-de-ciencias-dominguez-brito-2For the defender of Valle Nuevo, Narciso Isa Conde, says that with these measures, the Government is under pressure from powerful people.

Norberto Martinez president of the block of peasants of Constanza, asked President Danilo Medina to listen to producers and discard the order to leave the park within 120 days provided in the Ministry of Environment
resolution 14_2016.

These statements were offered during the panel “Valle Nuevo es Agua” (Valle Nuevo is Water) organized by the Academy of Science, where the attorney assured that they will continue to pursue the illegal coal business.

 

valle-nuevo-academia-de-ciencias-euren-aLic. Euren Cuevas Medina

Executive Director of the Institute of Lawyers for the Protection of the Environment(INSAPROMA)
valle-nuevo-academia-de-ciencias-eleuterio2aEleuterio Martinez

Coordinador of the Environmental Comission of Universidad Autónoma de Santo Domingo

valle-nuevo-academia-de-ciencias-euren2a

Mor news on same subject:

dominguez-brito-valle-nuevo-academia-de-ciencias
dominguez-brito-euren-cuevas-valle-nuevo-academia-de-ciencias EL MOMENTO.COM:
Por: La Redacción,
Fecha:

Ministro advierte son irreversibles medidas para proteger Valle Nuevo

The event was organized by: valle-nuevo-es-agua-brochure

 

SUMMON PRESIDENT MEDINA TO RATIFY THE PARIS AGREEMENT ON CLIMATE CHANGE

Press release,
Monday, October 31, 2016,
Santo Domingo, D.N.

In the morning, representatives of the National Committee to Combat Climate Change, CNLCC, delivered a letter to the Ministry of the Environment and Natural Resources, where they call on President Danilo Medina to immediately ratify the Paris Agreement on Climate Change, that will take effect next Friday.

In the letter, the group also demands from President Medina that he offer a public explanation of the reasons the government has had to delay ratification of this agreement.

The entity said that it is at only three days before the Paris Agreement comes into force and the Dominican Republic has not yet ratified that instrument, and the government has not given any indication that it will do so by Friday, November 4.

“On the contrary, last week the Senate approved the issuance of public debt bonds for 600 million dollars to finance the coal plants that the government is building at Punta Catalina.

“As soon as these coal plants start operating, they will shed 6.34 million tons of carbon dioxide a year, increasing alone, by more than 20% the country’s carbon footprint,” it said.

It explained in the letter that the construction of these plants is incompatible with the “Country-Commitment” contracted in person by President Medina with the international community to reduce to 25% of the carbon dioxide emissions of the Dominican Republic by 2020, and with the Paris Agreement which aims to drastically reduce worldwide by 2030 this gas caused by the combustion of fossils, especially of coal.

The letter asks the Minister of Environment and Natural Resources, Francisco Domínguez Brito, to submit a summons to the President of the Republic to ratifify the Paris Agreement.

“The government must immediately ratify the Paris Agreement and give up the use of coal in the Punta Catalina plants,” it said.
It expressed that this is “the historical moment for the Dominican Nation to decide to actively contribute to its survival and that of the whole planet, and to abandon coal definitively”.

The entity noted in the letter that there is a great contrast between the enthusiasm and the media deployment of President Danilo Medina’s actions of last year, when he participated in November 2015 at the World Climate Conference in Paris, France, and the delay in which the government has incurred in ratifying the agreement that emerged from this summit.

It recalled that on that occasion the President of the Republic made the “Paris-Commitment” to reduce by 25% of carbon dioxide emissions by 2020, and promised to sign the agreement for this event.

The Committee said that its surprised by the government’s behavior towards this agreement, belonging to the group of island nations located in the tropics that are the most threatened and vulnerable to the effects of global warming and climate change.

He said that these Caribbean, Indian and Pacific Island States were the first to ratify the Paris Agreement and to promote the constitution of the Green Fund, which will help prevent, remedy and adapt their societies and economies to the damage caused by change climate.

NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC

Photo Caption:

Enrique de León, of the National Committee to Combat Climate Change, CNLCC, offers statements to the press on Monday morning, October 31, at the Ministry of the Environment and Natural Resources, after depositing a letter from the An entity calling on the government to ratify the Paris Agreement on Climate Change that will come into force next Friday.

 

emplazan-al-presidente-medina-para-que-ratifique-el-acuerdo-de-paris-sobre-cambio-climatico-5emplazan-al-presidente-medina-para-que-ratifique-el-acuerdo-de-paris-sobre-cambio-climatico-4emplazan-al-presidente-medina-para-que-ratifique-el-acuerdo-de-paris-sobre-cambio-climatico-3emplazan-al-presidente-medina-para-que-ratifique-el-acuerdo-de-paris-sobre-cambio-climatico-1

INSAPROMA: Protecting the Loma Miranda is a matter of life or death

Original article: Nacional, Friday, September 21, 2012

The Lawyers Institute for Environmental Protection (INSAPROMA) through its Executive Director, Euren Cuevas Medina, have expressed their opposition to the exploitation of Loma Miranda and say they are preparing a brief to submit to the appropriate courts, those responsible in any attempt to jeopardize access to water that is a fundamental right as provided in the Constitution of the Nation. This institution has a history of cases brought to court, as the case rockash, Dunas de Bani, its opposition to the installation of a cement plant near the Los Haitises National Park, the granceras of San Cristobal among others, joins the demands of the generality of institutions and sensible people in the country who claim the “declaration” as a protected area of Loma Miranda for its importance for the conservation of water.

Lic. Cuevas Medina, said that there are important precedents in cases similar to this, as is the judgment of the Administrative Court of Costa Rica that by claim of its community, were canceled all permits that had been granted to the mining company of Canadian capital,  Infinito Gold SA to extract 800 thousand ounces of gold in the town of Cutris of San Carlos, based on the danger of such exploitation to the access to water for the community and because of irregularities in the process of permits, in the famous “Crucitas” case.

The legal basis of the writing that are developed by INSAPROMA is declared in the Constitution of the Republic in its articles 14 to 17, 66 and 67, international conventions such as Biodiversity, Climate Change, Desertification and Drought, General Law of the Environment and Natural Resources No. 64-00, specifically Article 178 which states “Any person or association of citizens has an active legal right to denounce and sue for any fact, action, factor, process,or omission or obstruction, which has caused, is causing or may cause damage, degradation, damage, contamination and / or deterioration of the environment and natural resources.”

Paragraph.- Also may require before the Ministry of Environment and Natural Resources and any other authority established by this law and legislation, or to the Office of Environment and Natural Resources, compliance with the obligations established by the this Act and other environmental laws, environmental quality standards, regulations, demanding cessation, correction, or repair of the anomalous situation that drives or cause, and stipulated penalties for offenders.

Obviously, this article gives active legal right to every person not only for a “fait accompli” that has damaged the environment, if not for any action, factor or process or omission or impeding them that in the future may harm or endanger the natural resources and in this case that danger where Falconbridge Xstrata Nickel mining threatens to pollute and do away with a green lung that is Loma Miranda where 22 rivers are generated that feed water to the provinces of Monsignor Nouel, La Vega, Maria Trinidad Sanchez, Duarte and Sanchez Ramirez, as stated by the ecologist and member of the Academy of Sciences and the Environmental Commission of the Autonomous University of Santo Domingo, Luis Carvajal Núñez. This would affect more than one million people and agricultural properties.

INSAPROMA warns the mining company Falconbridge Xstrata Nickel that continuing with the permitting process for the exploitation of Loma Miranda will be met in the courts and authorities of Environment and Natural Resources calling them not to grant an environmental license whereby a serious Environmental Impact Study would certainly prove this mining project as non feasible.

INSAPROMA, BASTION OF DEFENSE FOR THE ENVIRONMENTAL RIGHTS OF THE DOMINICAN PEOPLE

The National Committee to Combat Climate Change, CNLCC, recognizes the Lawyers Institute for Environmental Protection, INSAPROMA, as a bastion of defense of environmental rights of the Dominican people. INSAPROMA has taken as his, all environmental causes of the country, firstly, the defense of the right to health and a healthy environment of the people of Bani and the province of Peravia, to head next to CNLCC, an injunction against the construction of coal plants at Punta Catalina. Following the judgment of the Supreme Administrative Court dismissing this appeal because it considered himself the contentious matter, INSAPROMA, headed by its executive director, Euren Cuevas Medina, has asked the Constitutional Court to review this decision, one of the brightest legal pieces in defense of the right to health and healthy environment, and the implementation of preventive and precautionary principle in environmental matters, per article 8 of Law No. 64-00 of environment and Natural Resources. The judges of the Supreme Administrative Court, before the injunction request they should have suspended the construction of the coal plants at Punta Catalina, because it violates people’s right to health and a healthy environment, with the clear and manifest risk of these plants affecting this right. If here remained but a hair of Justice, that should be the ruling of the Constitutional Court before the review requested by INSAPROMA and the CNLCC. But our hopes are remote, because the revision of an earlier judgment of the Supreme Administrative Court against the injunction by CNLCC against the Dominican Corporation of State Owned Electrical Companies (CDEEE) requiring them to deliver the information and documents of land ownership where the coal plants of Punta Catalina are being built, has been awaiting a year and three months for the Constitutional Court to hear and rule. Late Justice IS NO JUSTICE, IT’S TYRANNY AND FELONY.

By Enrique de León

Dominguez Brito’s successes – OPINION

EspejoPublico.net
By Staff Writer – Nelson Reyes Star

September 9, 2016

He has started on the right foot, the minister has given show of political capacity, technical-scientific management and passion for nature.

The appointment of Francisco Dominguez Brito as minister of environment filled to the people of Santiago and the country with hope, because, after a disastrous management, recognized and verified by the president of the Republic himself in several visits to different regions of the country that converted in surprise to him and which are the most obvious evidences that our country was or is going in a very bad way, as we are slowly creating a desert with people.

domingo-britoWith the arrival of the new minister it seems to have found a romantic with great political and legal capacity to do decent work in favor of our natural resources and with aspiration to sustainable development.

I must stress that I did not have the slightest hope that the rate of destruction would change with the appointment of Brito. However, knowing the work being done; the appointment of technical and administrative staff who will accompany him and the various meetings of the minister with the most representative organizations in the country, also with the visits that he has made to the places most devastated by human unconsciousness, I have no doubt that the apparently I was wrong.

It seems that for the first time we have in the ministry of environment a combination of fundamental elements for efficient environmental management, these are: political knowledge, technical and scientific knowledge and passion for nature and thereby to see this implemented in practice we only have to wait a few months to see endeavors that we Dominicans must support, because it is the only guarantee to change the course of the disorder that our country faces in environmental matters.

I take this opportunity to make a call to civil society, entrepreneurs and political parties to present initiatives to assist the Minister to exercise the authority it takes to promote environmental collective rights over individual interests. We have the basis for efficient and sustainable management, in this case, we assign the necessary authority to enforce laws.

I hope that what I am writing becomes a reality and that the appointment of Eduardo Rodriguez, provincial director (Santiago) and Domingo Rodriguez, general manager of provincial and municipal offices of the environment are the bases to direct Santiago and the country on the right track, but if it is no so, then we have no other way than to take gun and that it be what God wants.

Source: EspejoPublico.net

LAC P10 Regional Public Mechanism – channel 5 appearance

Members of the Public, Andrea Sanhueza (Chile) & Euren Cuevas (Dominican Republic) made an appearnce this morning on the Matinal TV Programme on TV Channel 5, Telemicro Internacional to promote the importance of the public’s active role in shaping a Regional Agreement in Latin America & the Caribbean to improve environmental governance.

lac-p10-entrevista-canal-5-10-ago-1

Principle 10 – Environmental Democracy in Latin America and the Caribbean – Panel

INSAPROMA participation via Euren Mr. Cuevas Medina at the meeting in Panama on July 12 on:

Principio 10 - Democracia Ambiental en América Latina y el Caribe Panel

See INSAPROMA presentation (spanish only)