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Explore the Latin American context and the region's progress on Principle 10 of the UNCED Rio Declaration, focusing on issues of public participation and access to information. This article highlights the region's democratic development, the Nuevo Leon Declaration, constitutional reforms, special initiatives, and the need for a regional framework.
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Global and regional developments on issues related to Principle 10 of UNCED Rio Declaration.A Latin American perspective. II MoP Aarhus Convention, Almaty, Kazakhstan 27 th May. 2005 Ab. Victor Hugo Ricco Center for Human Rights and Environment (CEDHA) Cordoba, Argentina.
Latin America context • A Region with very young democracies after periods of military regimes. • Remains still the culture of secrecy. • Last decade Summit of the Americas Process. • The Nuevo Leon Declaration
Nuevo Leon Declaration, Mexico Jan 2004. • We agree that, through citizen participation, civil society organizations should contribute to the design, implementation, and evaluation of public policies adopted by different orders or levels of government. We recognize the role of civil society and its contribution to sound public administration and we reaffirm the importance of continuing to forge new partnerships that will enable constructive ties to be built between governments, nongovernmental organizations, international organizations, and the diverse sectors of civil society to work in favor of development and democracy. • We encourage the participation of civil society in the Summits of the Americas process and we undertake to institutionalize meetings with civil society and with the academic and private sectors. • Access to information held by the State, subject to constitutional and legal norms, including those on privacy and confidentiality, is an indispensable condition for citizen participation and promotes effective respect for human rights. We are committed to providing the legal and regulatory framework and the structures and conditions required to guarantee the right of access to information to our citizens.
Rio Declaration implications for the region. • National Constitutional Reforms. Inclusion of the right to a healthy environment. • Many ratifications of the San Salvador Protocol to the American Convention on Human Rights. Art 11 recognizes the right to live in a healthy environment and to basic public services • Special Initiatives related to principle 10: TAI in the region (several countries on the region have started it), the PP10 which has now Chile, Mexico and Argentina.
MERCOSUR (Common market of the south) Arg, Brazil, Paraguay and Uruguay. • Entry in force of the Environmental Framework Agreement for MERCOSUR. States reaffirm the commitments on Rio Principles, promote effective public participation, analyze the possibilities of instrument Rio Principles • Sub working group N* 6 on environment. The need to establish priorities to implement the EFA of Mercosur. • A process towards the harmonization of legislation and a possible protocol on access to environmental information and public participation for the MERCOSUR. First steps.
Final Remarks. • Latin America is yet not prepared to join Aarhus and it is starting to have its own process. • Latin American Civil Society is pushing this agenda, and is willing to support any regional and/or global initiative to promote principle 10 in a Convention or Treaty, in parallel support with national initiatives.
Thank you very much. • For further information: • victor@cedha.org.ar www.cedha.org.ar • Center for Human Rights and Environment (CEDHA) Cordoba, Argentina.