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UNIVERSIDAD NACIONAL DE CÓRDOBA
Facultad de Ciencias Exactas Físicas y Naturales
INTERNATIONAL CONFERENCE OF
TERRITORIAL INTELLIGENCE
“Territorial Intelligence, socio – ecological transition and
resilience of the territories’’
30 – 31 May, Besançon, Dijon
"Interactions between Science, ONGs and Citizens: finding
participative solutions to social and environmental problems in
the socio-ecollogical transition"
Santiago María Reyna PhD
Full Plenary Prof. Hydraulics Works and Environmental
Engineering
Head of Masters Programmes in Environmental Engineering
and Water Resources
Head Graduate School
THE CONTEXT:
 1) expansion of the "agricultural border", by
incorporating new land to agricultural production,
mainly by means of deforestation of natural forests
(land also taken from pastures used for cattle
breeding)
 2) low income peri-urban neighborhoods affected
by new environmental impacts
EXPANSION OF AGRICULTURAL BORDER
Deforestation is increasing in South America and Africa.
Annual losses of 4.0 million hectares and 3.4 million
hectares, respectively,
 Drivers: population and economic growth, poverty,
globalization, insecurity of rights of local people, and
undervaluation of forest ecosystems (axiological
problem) (dry and semi-dry forests even less valued).
Since demands for timber, fiber and agricultural land are
likely to continue growing, deforestation rates unlikely to
slow down without a framework of policy changes that
provides incentives to protect forests and the ecosystem
services they provide, as well as incentives to restore
degraded and unfertile land rather than further advancing
the agricultural frontier.
EXPANSION OF AGRICULTURAL BORDER
DEFORESTATION
Figure 1. Source: Zika and Erb 2009
Over-grazing and transformation of rangelands and other
pastoral systems to cultivate croplands are major causes of
damages (compounded by climate change and variability).
Pressures on drylands are likely to continue (improved
monitoring of conditions needed to direct action).
Drylands, grasslands and savannas losing between 4 and
10 per cent of their potential net primary productivity every
year. The decrease in productivity is most widespread in
the semi-arid areas of the Sahel and China.
DEFORESTATION
Line of timber
trucks laden
with logs,
Central
African
Republic.
Huge tracts of
the forest are
being opened
up by logging
companies.
DEFORESTATION
Smoke from
man made
forest fires
to clear land
for cattle or
crops.
DEFORESTATION
Forest fire
from the
peatland area
in Rokan
Hilir, outside
Pekanbaru,
Riau
province,
Indonesia on
Sunday 22
February
2009.
DEFORESTATION
Smoke from man
made forest fires in
the RAPP
concession in Giam
Siak Kecil area
(Biosphere Reserve -
Sumatra) to clear
land for palm oil
plantations. (photo
recently delivered to
Hillary Clinton as she
visited Indonesia
along with an open
letter calling for her
leadership on climate
action).
DEFORESTATION
A tree
stump is
visible in an
area which
has recently
been
deforested
to expand
the Duta
Palma Palm
oil
plantation
(Indonesia).
DEFORESTATION
Excavators stack
rainforest logs by
a transport canal
cut through the
deep peatland of
PT Mutiara
Sabuk
Khatulistiwa
(Indonesia)
DEFORESTATION
ARGENTINA
 In the case of Argentina, forest loss is mainly caused by
the advance of agricultural frontier (and cattle breeding
frontier, also pushed by agriculture).
 The threatened area includes the provinces of Chaco,
Córdoba, Formosa, Jujuy, Salta, Santa Fe, Santiago del
Estero and Tucuman , representing 79% of the “Parque
Chaqueño” (Chaco Forest) and 97% of “Selva
Tucumano-Boliviana” (Tucuman-Bolivian Rain Forest).
Single “developments” of 15,000 Ha.
 These regions were traditionally occupied by forests
(from rainforests to dry-forests) and have a wide variety of
flora and fauna.
DEFORESTATION
DEFORESTATION
DEFORESTATION
DEFORESTATION
CÓRDOBA
 Cordoba‟s Deforestation rate is one of the highest in the
world. In the past 100 years, it has lost most of the surface
occupied by native forest, remaining at present only
between 5 to 10 % of it.
During the past years, Córdoba has lost its forests at a
rate of 5 to 6 times the global average deforestation rate.
In the past, 200 years ago, over 70% of the Province
surface was occupied by forests. However, due to the
advance of cattle breeding and more recently especially
agricultural production, these forests have almost
disappeared.
DEFORESTATION
Chaco forest
being cleared
Coal “ovens”
Wichis going to
Court to claim
DEFORESTATION
Cleared field, ready for soy bean
crops.
Pesticides (particularly herbicides)
applied from aircraft
DEFORESTATI ON AND AGRICULTURE
Deforestation
for cattle
production.
New
“Silvopasture”
lands.
In time
“biologic
corridors”
disappear
(they multiply
the border
effect).
DEFORESTATION
CÓRDOBA, ARGENTINA
THE CASE OF “BARRIO ITUZAINGÓ ANEXO”
(ITUZAINGÓ – ANNEX NEIGHBORHOOD)
SITUATION
 Ituzaingó, a low income neighborhood of the periphery of Córdoba
(Ituzaingó Annex, poorer), Argentina, started to organize itself trying to
stop the consequences of environmental impacts that were evident, but
which causes were not easy to identify. (Ituzaingó very much affected by
economical crisis – loss of jobs, income and good health care).
 FUNAM, an NGO, served as a catalyst, helping the community organize
itself and giving them some understanding of the situation.
INTRODUCTION
SITUATION
 Neighbors from Barrio Ituzaingó Anexo made a formal complaint to
provincial authorities, due to the existence of diseases possibly related to
environmental causes (cancer). Most important concern: health (“link
between sociology and ecology”).
 The situation generated conflicts between neighbors and provincial
authorities (not trusted), which diminished as control measures were
taken, but never subsided totally (lack of controls for their
implementation).
 There was no organized methodology to look for possible causes (they
were only presumed as the details of some epidemiological studies
conducted were obtained).
INTRODUCTION
SITUATION
 FUNAM makes criminal complaints against local and provincial
authorities, and the urban developers. (Problem: Causal relationship
required by criminal law – old code, even for environmental cases.
Problem with principles: innocence; and burden of proof on the state –
opposite from environmental civil law and regulations).
 The Government of the Province of Córdoba commissioned an
Environmental Audit from the Chair of Environmental Engineering of the
National University of Córdoba.
INTRODUCTION
SOME HEADLINES IN “LA VOZ DEL INTERIOR” NEWSPAPER
(CÓRDOBA)
 10-04-2002. A neighborhood Fighting against Leukemia.
 23-04-2002. Requests for a Report on the Situation of Barrio Ituzaingó Anexo
 22-05-2002. Neighbors Want New Analyses.
 12-11-2002. New Tests will be Conducted in Barrio Ituzaingó Anexo.
 27-11-2002. Commotion in Barrio Ituzaingó Anexo due to Cancer Death.
 10-12-2002. Ceprocor Technicians Start Collection of Samples of the
Watertables.
 10-01-2003. Hazardous Pesticides are Detected in Ituzaingó Anexo‟s Water.
INTRODUCTION
SOME HEADLINES IN LA VOZ DEL INTERIOR NEWSPAPER (CÓRDOBA)
 11-01-2003. Cleaning of Residential Water Tanks in Ituzaingó Anexo.
 22-01-2003. In Search of Illegal Fumigation.
 11-02-2003. Temporary Agreement between Neighbors and Producers.
 03-04-2003. Chromium and Arsenic in Barrio Ituzaingó Anexo‟s Soil.
 30-12-2003. Ituzaingó Anexo: a Cocktail of Pollutants and Diseases.
 10-01-2004. Joining Efforts to Investigate in Ituzaingó Anexo.
 13-02-2004. Field raided in Ituzaingó Anexo due to Fumigation Complaint.
 23-03-2005. Environmental Problem would be the Cause for Numerous
Cancer Cases. ………
 21-08-2012. Prison sentences for Fumigations in Ituzaingó
Anexo
INTRODUCTION
Barrio Ituzaingó
Anexo
Rural Use
Industrial Use
LOCATION




LOCATION
AERIAL PHOTO 1964
LOCATION
LAND USE 1964
RESIDENCIAL
RIEGO
RIEGO
MONTE
INDUSTRIAS
LOCATION
AERIAL PHOTO 1984
LOCATION
LAND USE 1984
RESIDENCIAL
AGRÍCOLA
INDUSTRIAS
INDUSTRIAS
AGRÍCOLA
AGRÍCOLA
LOCATION
AERIAL PHOTO 1995
LOCATION
LAND USE 1995
RESIDENCIAL
AGRÍCOLA
INDUSTRIAS
INDUSTRIAS
AGRÍCOLA
LOCATION
SATELLITE IMAGES
2004 AND 2012
Barrio Ituzaingó Anexo
LOCATION
METHODOLOGICAL PROCESS - SCIENTIFIC RESEARCH STAGES
 detection of the research topic
 documentation and definition of the problem
 inferring a probable cause for it
 deducing or inferring consequences of the empirical hypotheses or sub-
hypotheses
 designing the verification of the hypothesis or the specific procedure to
follow during its test
 testing or contrasting reality with the hypothesis
 setting of conclusions resulting from the research
 extending conclusions and generalizing results
The University was called to audit the situation, in order to “shed
some light”. A thorough study was made and possible causes were
identified
SCIENTIFIC APPROACH
MAKE THE PLAN
NEW WAYS OF OPERATION
MY WORK
ACTION
NEEDED
MONITORING
AND
INSPECTION
REQUIERED
ACTION
NEEDED
PLAN AND
REVIEW
NEEDED
OBJECTIVES
SETTING
ALTERNATIVE
ACTIONS
ANALIZE THE
CONSEQUENCES
ANTICIPATE
POTENTIAL
PROBLEMS
ANTICIPATE
POSSIBLE
CAUSES
CONTINGENT
ACTIONS SETTING
RECOGNIZE
PROBLEMS
IDENTIFY
OFFSET/CHANGE
FIND THE
CAUSE
METHODOLOGICAL PROCESS – RATIONAL METHOD FOR
PROBLEM SOLVING STAGES
 detection of an abnormal situation
 documentation and definition of the abnormal situation as a problem
 identifying possible distinct “changes”
 inferring a probable cause for it (among changes – law of “inertia”)
 act on the possible causes
 check results of actions against hypothetical cause/s
 setting of conclusions resulting from the action (go back if needed)
 celebrate and continue with work
The University was called to audit the situation, in order to “shed
some light”. A thorough study was made and possible causes were
identified
RATIONAL APPROACH PROBLEMS SOLVING
1.1. WATER. PROBLEMS AND STUDIES
 Barrio Ituzaingó Anexo had a drinkable water service from wells with
chlorination. Water was stored in a community tank. Continuity of the
service was poor.
 Organoleptic, physicochemical parameters related to undesirable
substances in excessive quantities and microbiological parameters both
for well and treated water were within standards.
 Hardness and sulfates some cases had values close to the top
recommended limit, always below the tolerable limit of the standard.
 Presence of arsenic, chromium and pesticides values considered safe
within the standard.
 Sediments in domestic tanks and distribution tank values of agro-
chemicals that were several orders of magnitude higher than the
acceptable values stipulated by the Drinkable Water Standard.
 Possible relationship between Soil and Water (airway)
AUDIT. DIAGNOSIS
1.1. WATER. ACTIONS AND CONCLUSIONS
 Replacement of the water source with water from Bower Water Plant,
Aguas Cordobesas. Analyses showed it was absolutely safe
 Cleaning of domestic tanks and replacement of lids
 Removal of community tank
 Control of tanks, lids and regular cleaning should be guaranteed
 All actions aimed at not having sediments that could build up
AUDIT. DIAGNOSIS
2.1. ATHMOSPHERE. PROBLEMS AND STUDIES
 Determining hazardous organic substances using gas chromatography /
Mass spectrometry in a house and school
 Determining volatile organic compounds according to EPA TO-14 protocol in
another family house and outside the entrance of “Refinería del Centro” (lard
refinery)
 Presence of ester traces of the phthalic acid concentration levels below
international standards
 Stack gases, chlorine, oxygen, temperature, carbon dioxide, nitrogen oxide,
sulfur dioxide from the stack of “Refinería del Centro” within limits
 Environmental Gamma Dosimetry world average value of air dosis due to
exposure to natural sources
 Fumigations: Could not be measured during aerial spraying (done at any
time without notice)
 Confirmed only by testimony
AUDIT. DIAGNOSIS
2.2. ATHMOSPHERE. ACTIONS AND CONCLUSIONS
 Today, there are no permanent pollutants beyond the standard that may
directly affect the air quality of the neighborhood.
 The proportion of analysis was low and was conducted untimely and
punctually.
 Preventive actions taken at that time:
 Transformers in places with high levels of PCB were removed (also
due to a possible link with the atmosphere, since “fume/gas” leaks
from transformers overheated by high consumption were detected)
 The application of pesticides with spraying planes was forbidden
(Finally, the most important basis for the criminal sentences) and a
control system for compliance with this norm was established but
never applied strictly.
AUDIT. DIAGNOSIS
3.1. SOIL. INITIAL STUDIES
 Analysis of the following elements As, Cr, Pb, Cd, Ni, Hg and Zn
 Methods:
 Identification of heavy metals using EPA 3051 Method
 Identification of heavy metals as exchangeable cations
 Admissible arsenic value in yards and values close to the limit in
rural land of adjacent field.
 Natural-type concentrations distinctive of the soils of the Province
 Soil genesis background
 Consider bioavailability
AUDIT. DIAGNOSIS
3.1. SOIL. COMPLEMENTARY STUDIES 1º STAGE
• Soil analyses from samples taken in front and back yards to
determine presence of PCB‟s, Arsenic, Cadmium, Chromium,
Mercury and Lead.
• Soil samples from space under transformers values obtained
below “Soil Quality Standards”
• Pesticide values found in soil samples: problems with the limits
allowed and the techniques to measure them (supposedly: in norm)
• Pesticides were allowed for agricultural use
AUDIT. DIAGNOSIS
3.1. SOIL. COMPLEMENTARY STUDIES 2º AND 3º STAGE
 5 new samples objective: to analyze probable contamination of
soils induced by old irrigation network.
 Spots selected according to the layout of visible canals or their
remains.
 Prompt survey on surviving irrigation canals
 Informal surveys to neighbors
 Analyses similar to the previous stage
 In all cases, the samples analyzed were within admissible values
 Arsenic values close to or slightly exceeding admissible limits
(geochemical background)
 Other elements the values were similar to the ones obtained in all
samples previously analyzed
AUDIT. DIAGNOSIS
3.1. SOIL. COMPLEMENTARY STUDIES 2º AND 3º STAGE
RESIDENCIAL
AGRÍCOLA
AGRÍCOLA
AGRÍCOLA
Canal de riego
Canal de riego
Canalderiego
CANALS ON URBAN LAYOUT 1995 (fear of a “Love Canal” case)
AUDIT. DIAGNOSIS
3.2. SOIL. ACTIONS AND CONCLUSIONS
 PCBs and pesticide contamination values found were not expected to
generate health problems for the community if strict control in their
application was kept (in the case of agrochemicals) and if they were
not used again (in the case of PCB)
 Results of identification of heavy metals in tank sediments
presence of Arsenic and Chromium
 Natural chromium and arsenic found in soils correspond to their
geochemical background.
 Irrigation systems were not responsible for spreading contaminant
toxic elements.
AUDIT. DIAGNOSIS
 FUNAM is a non-profit grassroots NGO that develops an innovative
mix of activism, social advocacy, research, professional expertise,
networking and communication.
 FUNAM works independently of governments and corporations.
Since its creation, more than 20 years ago, FUNAM has led a
permanent battle against environmental degradation, environmental
corruption and lack of justice.

FUNAM (ENVIRONMENT DEFENSE FOUNDATION)
During this stage, FUNAM, an NGO, had a crucial role in serving
during the conflict in two ways: making people participate and
requesting the government not to ignore the problem.
FUNAM PARTICIPATION
MAIN MISSIONS
 FUNAM works at local, regional, national and international level, and
has the following main missions: 1, To protect the rights of the people
to a sustainable, safe and healthy environment (advocacy). 2, To
protect the environment and natural ecosystems. 3, To participate in
the managing of ecosystems. 3, To train and to empower people
(Environmental education, How to be listened). 4, To provide technical
advice for people, other NGOs and international organizations. 5, To
investigate (Research). 6. To generate projects of regulation
(Environmental law). 7, To undertake legal actions against people
responsible for environmental damage and corruption. 8, To promote
people's participation in the decision making process. 9, To promote
sustainable development. 10, To disseminate information in the media.
11, To be part of the NGO movement ant to promote networking, and
12, To promote joint work among different social sectors.
FUNAM (ENVIRONMENT DEFENSE FOUNDATION)
FUNAM PARTICIPATION
AWARDS
 FUNAM received several national and international prizes, among
them the Global 500 Award from United Nations in 1987. After 20 years
of work FUNAM is widely known all over Argentina and abroad.
FUNAM received public recognition from indigenous people,
grassroots organizations, groups of citizens and farmers, NGOs, local
governments and international organizations.
FUNAM ( ENVIRONMENT DEFENSE FOUNDATION)
FUNAM PARTICIPATION
MAIN ACHIEVEMENTS
•Campaign to reduce the eutrophization and mismanagement of the San
Roque lake.
•Campaign to close the uranium mine of Los Gigantes which polluted
the San Roque basin.
•Campaign to stop the deforestation of natural ecosystems, mainly
forests of Chaco Biogeographic Province.
•Campaign to stop the aerial spraying of dangerous pesticides in Colonia
Tirolesa and other small human settlements.
•2002-2006. Success in closing or diminishing existing sources of
pollution (pesticides, PCBs, electromagnetic fields, natural pollution with
lead, chromium and arsenic, other sources) in the community of
Ituzaingó Anexo in Cordoba (Argentina).
2004-2005. Contribution to the approval of a municipal regulation that
prohibits the use of pesticides near inhabited neighborhoods over a zone
of 2,500 meters in Ituzaingo Anexo neighborhood.
FUNAM (ENVIRONMENT DEFENSE FOUNDATION)
FUNAM PARTICIPATION
Prof. Dr. RAUL ALBERTO MONTENEGRO, Biologist
1974. Biologist. Graduated at the National University of Cordoba
(UNC), Argentina.
1997. Doctor Honoris Causa. Granted by the National University of
San Luis (UNSL) “as a recognition for his achievements in the fields of
environment and health, environmental education and free transfer of
scientific background to groups of citizens”.
2004. Right Livelihood Award (Alternative Nobel Prize).
FUNAM ( ENVIRONMENT DEFENSE FOUNDATION)
FUNAM PARTICIPATION
Argentine legal system
ENVIRONMENTAL DAMAGE
The National Constitution
• Determines and organizes the legal and institutional structure of
the system. Sets competencies and jurisdictions.
• Sets a representative, republican and federal system of
government.
• Allows us to know our rights and duties. It also sets the limits and
attributions for those who are responsible for legislation and
management.
ENVIRONMENTAL DAMAGE
The Constitution in Argentine‟s legal system
Establishes
Federal and
Representative
System
Establishes
Rights and
Duties
Organizes
and Structures
the System
Determines
Powers and
Jurisdictions
Establishes
Principles
ENVIRONMENTAL DAMAGE
Aspects to Highlight in the Constitution
• First part: declarations, rights
and guarantees
• Chapter II on new rights and
guarantees: Art. 41, 42 and 43
have direct relationship
• Second part: on the
authorities.
• Assigns the functions of the
three powers: legislative,
executive and judiciary
• Distributes the competencies
between the federal
government and the provinces.
ENVIRONMENTAL DAMAGE
Article 41. All inhabitants enjoy the right to a healthful, balanced
environment fit for human development, so that productive activities
satisfy current needs without compromising those of future
generations, and have the duty to preserve the environment.
Environmental damage shall generate as a priority the obligation to
repair it under the terms that the law shall establish.
The authorities shall provide for the protection of this right, for the
rational use of natural resources, for the preservation of the natural
and cultural patrimony and of biological diversity, and for information
and education on the environment.
It falls to the Nation to dictate laws containing a minimum budget
[necessary] for protecting the environment, and to the Provinces [to
dictate] those laws necessary to complement the National laws,
without such laws altering local jurisdictional [authority].
ENVIRONMENTAL DAMAGE
Other articles to consider
• Article 86 in Chapter VI incorporates the Defender of the People as
independent body created within the ambit of the National
Congress. It has full autonomy and procedural legitimacy.
• Title II Provincial Governments (Art. 121 through 128)
• The Provinces retain all powers not delegated to the Federal
Government
• The Provinces make their own local institutions and are governed
by them. Provinces dictate their own Constitutions
• The original ownership over natural resources existing in their
territory belongs to the Provinces
ENVIRONMENTAL DAMAGE
„‟Any loss, decline or significant impairment to the environment or
one of its components “
(Law 19.300. Environmental General Rules. Chile)
„‟Any loss, decline or significant detriment to the environment "
(Law 64-00. Environment Natural Resources. Dominican Republic)
“Environmental damage is any harm to the environment or any of its
components that can be caused in contravention or not of the legal
provision, creating current or future negative effects“
(Law 28.611 Environmental General Law. Perú)
ENVIRONMENTAL DAMAGE: CONCEPT
"Environmental Damage. This chapter sets the rules that govern the standards or legal
acts, lawful or unlawful acts, that by action or omission cause collective
environmental damage. Environmental damage is defined as any relevant alteration
that modifies the environment, resources, balance of ecosystems or collective
values ​​“ (Article 27, Law 25.675, (Law 28.611 Environmental General Law)
Develops and refines previous concepts:
• Lawful or unlawful acts
• Detriment to the environment, its parts or elements (water, air,
soil, biodiversity)
• Collective values > „‟Natural, Cultural, Social and Politic
Heritage‟‟
“Modification should occur in the environment, natural resources or collective goods,
which, according to the Argentine law by constitutional mandate, include also the
cultural heritage”
ENVIRONMENTAL DAMAGE: CONCEPT
Damage involves essentially a NEGATIVE modification or alteration of the
environment, SIGNIFICANT or RELEVANT.
• "... The line between RELEVANCE and irrelevance, is linked to the
possibility of NATURAL REGENERATION, distinguishing the ALTERATION
hypothesis, characterized as an irreversible consequence caused to the
environment, that the system itself can remedy, and the HARM hypothesis,
characterized as a degradation that affects genetic diversity or essential
ecological processes that natural systems can not remedy". [Horacio
Rossatti, "Environment, Law and Sustainability"]
• BUT, IN PRACTICE…
• "... Environmental damage is set when the degradation of the elements ...
acquires certain GRAVITY levels exceeding quality guidelines, standards or
parameters that constitute the tolerance limit imposed by coexistence".
[Bustamante Alsina]
RELEVANCE OF ENVIRONMENTAL DAMAGE
"Up to what point man ceases rational use of the environment to start
damaging it‟‟ [Besalu Parkinson].
• Regarding industrial waste plants, it is expressed that “they should not
significantly endanger or affect the quality of life of the population".
[Article 29, Law 25,612 Industrial Waste Management and Service
Activities]
• The change should be negative, it is in essence, important, relevant or
significant impairment, disability, degradation, destruction, contamination,
pollution, damage, deterioration, offense, injury , risk, threat or real danger,
that may have potential or uncertain character in cases of serious or
irreversible environmental damage.
RELEVANCE OF ENVIRONMENTAL DAMAGE
• The effects on the environment should involve an alteration of the whole
[Lorenzetti, Ricardo]
• From a legal point of view, not all adverse changes to the environment
should be considered environmental damage> they should overcome the
normal tolerance limit or ignore the legal standards.
EXTREMELY COMPLEX
RELEVANCE OF ENVIRONMENTAL DAMAGE
• Tolerance and reasonableness set the basis for the interpretation of
environmental damage. “ [Kemelmajer Aida|
• "... the adverse action involves the disruption of natural laws."
[Lorenzetti, Ricardo]
• “ Acceptable risk levels (adverse effects on humans, toxic or
carcinogenic) should be established by competent authorities, on
the basis of international standards, with scientific support ”
RELEVANCE OF ENVIRONMENTAL DAMAGE
• The individual environmental damage (classical civil damage) is
established by the Industrial Waste Law 25,612 and the Civil Code
(Articles 1113, 2618 and 1109).
• The collective impact damage or environmental damage is governed by
the General Environmental Law 25,675. It can be adapted to cases of
"Individual Environmental Damage“ by the authority.
ENVIRONMENTAL DAMAGE
• TWO VIEWS:
– 1) ANTHROPOCENTRIC (CLASSICAL)
– 2) ECOLOGICAL (NEW PARADIGM?)
• 1 To protect man, we need to protect the
environment (“health of ecosystem related to
health of man”).
• 2 Environment itself should be the objective
of the protection of the law.
ENVIRONMENTAL DAMAGE:
PENAL ANALYSIS
 PROBLEM WITH CAUSALITY IN FIRST VIEW. NO
PROBLEM WITH CAUSALITY IN SECOND VIEW.
 Environment protection should be autonomous, direct, integral
and active. Not a result of danger or damage that its
deterioration can cause. ENVIRONMENTAL EQUILIBRIUM
IS A JURIDICAL GOOD WITH VALUE IN ITSELF.
 BUT… Such an ample definition would be against the
principles of minimum intervention and the characteristic of
the penal law of being extraordinary as an instrument for
control. And, what would be the exact situations that could be
threatened by a penalty?
ENVIRONMENTAL DAMAGE:
PENAL ANALYSIS
EXAMPLE: The Penal Code (1921) – Water poisoning
• Chapter IV: Crimes against the Public Health.
• He who shall poison water for consumption will be
punished with three to ten years of imprisonment.
ENVIRONMENTAL DAMAGE:
PENAL ANALYSIS
 With regard to methodology
 The situation started without standards to compare with reality.
During the work, appropriate standards were studied and selected.
 At the beginning, the problem could not be accurately identified and
described.
 At first, the change that caused the unwanted effects had not been
identified.
CONCLUSIONS
 Important contaminants
 arsenic
 pesticides
 Major ways soil, atmospheric path and suspended dust
 Chromium and arsenic found in soils, corresponding to the
geochemical background.
 Irrigation systems were not considered to have been responsible for
spreading contaminant toxic elements.
 From the analysis of the problem conducted in the Audit, possible
deviation causes could be identified.
 No cause accurately explaining all data was found in the problem
specification; different causes were found for partial aspects of the
problem.
CONCLUSIONS
 Possible major causes associated with the atmosphere were the aerial
fumigation spraying and flying of contaminated soils; then contaminants
concentrated in tanks and reached people directly or through water
 Under no circumstances can aerial fumigation be allowed close to
urban areas. Controls on agrochemical application should be
increased.
 Tanks should be always kept covered and clean
 No indication that the neighborhood environment is uninhabitable was
found.
 Epidemiology should be deeply studied
 Comparative analysis with other neighborhoods of the city should be
conducted
CONCLUSIONS
 No particular element should be assigned as single responsible cause
of the situation studied; the possibility of a multicausal problem was
stated.
 Poor economic situation of the inhabitants of the neighborhood, lack of
employment, poor diet, poor access to medical care, and many others
are also possible causes of the identified problems (concomitant
causes).
 VULNERABILITY ANALYSIS SHOULD BE GIVEN AS MUCH
IMPORTANCE AS THE STUDY OF POSSIBLE
THREATS/MENNACES.
 Tasks to be accomplished development of a complete
epidemiological study that allows knowing the deviations, contrasting
them with standard values and with similar communities taken as
CONCLUSIONS
Some of the claims gave place to penal trials that ended up
in criminal sentences.
• In August 2012, in a landmark ruling, Justice sentenced
the farmer Francisco Parra and the pilot Edgardo
Pancello, who were found guilty of polluting, because of
illegal spraying in Ituzaingó Annex neighborhood (three
years' imprisonment).
• It is the first process in the country and the continent
that judges the application of chemicals in cultivated
fields and their harmful effects on the population‟s
health.
CONCLUSIONS
 The ruling had an immediate
national and international impact,
and this reveals that protection of
the environment could succeed
against irresponsible and criminal
producers.
CONCLUSIONS
• This case serves as a simple model to link
science, practical experience in conflicts and
communities participation. It is important to
stress that there are difficulties in uniting these
different worlds where the academy does not
like roadblocks or conflicts in general, where
good science is there but not always easily
available, and where neighbors, in many cases,
do not like some results that do not confirm
what they expect.
CONCLUSIONS
THANKS
MERCI
GRAZIE
GRACIAS
…
santiagoreyna@gmail.com

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Presentación besancon dijon 9

  • 1. UNIVERSIDAD NACIONAL DE CÓRDOBA Facultad de Ciencias Exactas Físicas y Naturales INTERNATIONAL CONFERENCE OF TERRITORIAL INTELLIGENCE “Territorial Intelligence, socio – ecological transition and resilience of the territories’’ 30 – 31 May, Besançon, Dijon "Interactions between Science, ONGs and Citizens: finding participative solutions to social and environmental problems in the socio-ecollogical transition" Santiago María Reyna PhD Full Plenary Prof. Hydraulics Works and Environmental Engineering Head of Masters Programmes in Environmental Engineering and Water Resources Head Graduate School
  • 2. THE CONTEXT:  1) expansion of the "agricultural border", by incorporating new land to agricultural production, mainly by means of deforestation of natural forests (land also taken from pastures used for cattle breeding)  2) low income peri-urban neighborhoods affected by new environmental impacts EXPANSION OF AGRICULTURAL BORDER
  • 3. Deforestation is increasing in South America and Africa. Annual losses of 4.0 million hectares and 3.4 million hectares, respectively,  Drivers: population and economic growth, poverty, globalization, insecurity of rights of local people, and undervaluation of forest ecosystems (axiological problem) (dry and semi-dry forests even less valued). Since demands for timber, fiber and agricultural land are likely to continue growing, deforestation rates unlikely to slow down without a framework of policy changes that provides incentives to protect forests and the ecosystem services they provide, as well as incentives to restore degraded and unfertile land rather than further advancing the agricultural frontier. EXPANSION OF AGRICULTURAL BORDER
  • 5.
  • 6. Figure 1. Source: Zika and Erb 2009
  • 7. Over-grazing and transformation of rangelands and other pastoral systems to cultivate croplands are major causes of damages (compounded by climate change and variability). Pressures on drylands are likely to continue (improved monitoring of conditions needed to direct action). Drylands, grasslands and savannas losing between 4 and 10 per cent of their potential net primary productivity every year. The decrease in productivity is most widespread in the semi-arid areas of the Sahel and China. DEFORESTATION
  • 8. Line of timber trucks laden with logs, Central African Republic. Huge tracts of the forest are being opened up by logging companies. DEFORESTATION
  • 9. Smoke from man made forest fires to clear land for cattle or crops. DEFORESTATION
  • 10. Forest fire from the peatland area in Rokan Hilir, outside Pekanbaru, Riau province, Indonesia on Sunday 22 February 2009. DEFORESTATION
  • 11. Smoke from man made forest fires in the RAPP concession in Giam Siak Kecil area (Biosphere Reserve - Sumatra) to clear land for palm oil plantations. (photo recently delivered to Hillary Clinton as she visited Indonesia along with an open letter calling for her leadership on climate action). DEFORESTATION
  • 12. A tree stump is visible in an area which has recently been deforested to expand the Duta Palma Palm oil plantation (Indonesia). DEFORESTATION
  • 13. Excavators stack rainforest logs by a transport canal cut through the deep peatland of PT Mutiara Sabuk Khatulistiwa (Indonesia) DEFORESTATION
  • 14.
  • 15. ARGENTINA  In the case of Argentina, forest loss is mainly caused by the advance of agricultural frontier (and cattle breeding frontier, also pushed by agriculture).  The threatened area includes the provinces of Chaco, Córdoba, Formosa, Jujuy, Salta, Santa Fe, Santiago del Estero and Tucuman , representing 79% of the “Parque Chaqueño” (Chaco Forest) and 97% of “Selva Tucumano-Boliviana” (Tucuman-Bolivian Rain Forest). Single “developments” of 15,000 Ha.  These regions were traditionally occupied by forests (from rainforests to dry-forests) and have a wide variety of flora and fauna. DEFORESTATION
  • 19. CÓRDOBA  Cordoba‟s Deforestation rate is one of the highest in the world. In the past 100 years, it has lost most of the surface occupied by native forest, remaining at present only between 5 to 10 % of it. During the past years, Córdoba has lost its forests at a rate of 5 to 6 times the global average deforestation rate. In the past, 200 years ago, over 70% of the Province surface was occupied by forests. However, due to the advance of cattle breeding and more recently especially agricultural production, these forests have almost disappeared. DEFORESTATION
  • 20. Chaco forest being cleared Coal “ovens” Wichis going to Court to claim DEFORESTATION
  • 21. Cleared field, ready for soy bean crops. Pesticides (particularly herbicides) applied from aircraft DEFORESTATI ON AND AGRICULTURE
  • 23. CÓRDOBA, ARGENTINA THE CASE OF “BARRIO ITUZAINGÓ ANEXO” (ITUZAINGÓ – ANNEX NEIGHBORHOOD)
  • 24. SITUATION  Ituzaingó, a low income neighborhood of the periphery of Córdoba (Ituzaingó Annex, poorer), Argentina, started to organize itself trying to stop the consequences of environmental impacts that were evident, but which causes were not easy to identify. (Ituzaingó very much affected by economical crisis – loss of jobs, income and good health care).  FUNAM, an NGO, served as a catalyst, helping the community organize itself and giving them some understanding of the situation. INTRODUCTION
  • 25. SITUATION  Neighbors from Barrio Ituzaingó Anexo made a formal complaint to provincial authorities, due to the existence of diseases possibly related to environmental causes (cancer). Most important concern: health (“link between sociology and ecology”).  The situation generated conflicts between neighbors and provincial authorities (not trusted), which diminished as control measures were taken, but never subsided totally (lack of controls for their implementation).  There was no organized methodology to look for possible causes (they were only presumed as the details of some epidemiological studies conducted were obtained). INTRODUCTION
  • 26. SITUATION  FUNAM makes criminal complaints against local and provincial authorities, and the urban developers. (Problem: Causal relationship required by criminal law – old code, even for environmental cases. Problem with principles: innocence; and burden of proof on the state – opposite from environmental civil law and regulations).  The Government of the Province of Córdoba commissioned an Environmental Audit from the Chair of Environmental Engineering of the National University of Córdoba. INTRODUCTION
  • 27. SOME HEADLINES IN “LA VOZ DEL INTERIOR” NEWSPAPER (CÓRDOBA)  10-04-2002. A neighborhood Fighting against Leukemia.  23-04-2002. Requests for a Report on the Situation of Barrio Ituzaingó Anexo  22-05-2002. Neighbors Want New Analyses.  12-11-2002. New Tests will be Conducted in Barrio Ituzaingó Anexo.  27-11-2002. Commotion in Barrio Ituzaingó Anexo due to Cancer Death.  10-12-2002. Ceprocor Technicians Start Collection of Samples of the Watertables.  10-01-2003. Hazardous Pesticides are Detected in Ituzaingó Anexo‟s Water. INTRODUCTION
  • 28. SOME HEADLINES IN LA VOZ DEL INTERIOR NEWSPAPER (CÓRDOBA)  11-01-2003. Cleaning of Residential Water Tanks in Ituzaingó Anexo.  22-01-2003. In Search of Illegal Fumigation.  11-02-2003. Temporary Agreement between Neighbors and Producers.  03-04-2003. Chromium and Arsenic in Barrio Ituzaingó Anexo‟s Soil.  30-12-2003. Ituzaingó Anexo: a Cocktail of Pollutants and Diseases.  10-01-2004. Joining Efforts to Investigate in Ituzaingó Anexo.  13-02-2004. Field raided in Ituzaingó Anexo due to Fumigation Complaint.  23-03-2005. Environmental Problem would be the Cause for Numerous Cancer Cases. ………  21-08-2012. Prison sentences for Fumigations in Ituzaingó Anexo INTRODUCTION
  • 37. SATELLITE IMAGES 2004 AND 2012 Barrio Ituzaingó Anexo LOCATION
  • 38. METHODOLOGICAL PROCESS - SCIENTIFIC RESEARCH STAGES  detection of the research topic  documentation and definition of the problem  inferring a probable cause for it  deducing or inferring consequences of the empirical hypotheses or sub- hypotheses  designing the verification of the hypothesis or the specific procedure to follow during its test  testing or contrasting reality with the hypothesis  setting of conclusions resulting from the research  extending conclusions and generalizing results The University was called to audit the situation, in order to “shed some light”. A thorough study was made and possible causes were identified SCIENTIFIC APPROACH
  • 39. MAKE THE PLAN NEW WAYS OF OPERATION MY WORK ACTION NEEDED MONITORING AND INSPECTION REQUIERED ACTION NEEDED PLAN AND REVIEW NEEDED OBJECTIVES SETTING ALTERNATIVE ACTIONS ANALIZE THE CONSEQUENCES ANTICIPATE POTENTIAL PROBLEMS ANTICIPATE POSSIBLE CAUSES CONTINGENT ACTIONS SETTING RECOGNIZE PROBLEMS IDENTIFY OFFSET/CHANGE FIND THE CAUSE
  • 40. METHODOLOGICAL PROCESS – RATIONAL METHOD FOR PROBLEM SOLVING STAGES  detection of an abnormal situation  documentation and definition of the abnormal situation as a problem  identifying possible distinct “changes”  inferring a probable cause for it (among changes – law of “inertia”)  act on the possible causes  check results of actions against hypothetical cause/s  setting of conclusions resulting from the action (go back if needed)  celebrate and continue with work The University was called to audit the situation, in order to “shed some light”. A thorough study was made and possible causes were identified RATIONAL APPROACH PROBLEMS SOLVING
  • 41. 1.1. WATER. PROBLEMS AND STUDIES  Barrio Ituzaingó Anexo had a drinkable water service from wells with chlorination. Water was stored in a community tank. Continuity of the service was poor.  Organoleptic, physicochemical parameters related to undesirable substances in excessive quantities and microbiological parameters both for well and treated water were within standards.  Hardness and sulfates some cases had values close to the top recommended limit, always below the tolerable limit of the standard.  Presence of arsenic, chromium and pesticides values considered safe within the standard.  Sediments in domestic tanks and distribution tank values of agro- chemicals that were several orders of magnitude higher than the acceptable values stipulated by the Drinkable Water Standard.  Possible relationship between Soil and Water (airway) AUDIT. DIAGNOSIS
  • 42. 1.1. WATER. ACTIONS AND CONCLUSIONS  Replacement of the water source with water from Bower Water Plant, Aguas Cordobesas. Analyses showed it was absolutely safe  Cleaning of domestic tanks and replacement of lids  Removal of community tank  Control of tanks, lids and regular cleaning should be guaranteed  All actions aimed at not having sediments that could build up AUDIT. DIAGNOSIS
  • 43. 2.1. ATHMOSPHERE. PROBLEMS AND STUDIES  Determining hazardous organic substances using gas chromatography / Mass spectrometry in a house and school  Determining volatile organic compounds according to EPA TO-14 protocol in another family house and outside the entrance of “Refinería del Centro” (lard refinery)  Presence of ester traces of the phthalic acid concentration levels below international standards  Stack gases, chlorine, oxygen, temperature, carbon dioxide, nitrogen oxide, sulfur dioxide from the stack of “Refinería del Centro” within limits  Environmental Gamma Dosimetry world average value of air dosis due to exposure to natural sources  Fumigations: Could not be measured during aerial spraying (done at any time without notice)  Confirmed only by testimony AUDIT. DIAGNOSIS
  • 44. 2.2. ATHMOSPHERE. ACTIONS AND CONCLUSIONS  Today, there are no permanent pollutants beyond the standard that may directly affect the air quality of the neighborhood.  The proportion of analysis was low and was conducted untimely and punctually.  Preventive actions taken at that time:  Transformers in places with high levels of PCB were removed (also due to a possible link with the atmosphere, since “fume/gas” leaks from transformers overheated by high consumption were detected)  The application of pesticides with spraying planes was forbidden (Finally, the most important basis for the criminal sentences) and a control system for compliance with this norm was established but never applied strictly. AUDIT. DIAGNOSIS
  • 45. 3.1. SOIL. INITIAL STUDIES  Analysis of the following elements As, Cr, Pb, Cd, Ni, Hg and Zn  Methods:  Identification of heavy metals using EPA 3051 Method  Identification of heavy metals as exchangeable cations  Admissible arsenic value in yards and values close to the limit in rural land of adjacent field.  Natural-type concentrations distinctive of the soils of the Province  Soil genesis background  Consider bioavailability AUDIT. DIAGNOSIS
  • 46. 3.1. SOIL. COMPLEMENTARY STUDIES 1º STAGE • Soil analyses from samples taken in front and back yards to determine presence of PCB‟s, Arsenic, Cadmium, Chromium, Mercury and Lead. • Soil samples from space under transformers values obtained below “Soil Quality Standards” • Pesticide values found in soil samples: problems with the limits allowed and the techniques to measure them (supposedly: in norm) • Pesticides were allowed for agricultural use AUDIT. DIAGNOSIS
  • 47. 3.1. SOIL. COMPLEMENTARY STUDIES 2º AND 3º STAGE  5 new samples objective: to analyze probable contamination of soils induced by old irrigation network.  Spots selected according to the layout of visible canals or their remains.  Prompt survey on surviving irrigation canals  Informal surveys to neighbors  Analyses similar to the previous stage  In all cases, the samples analyzed were within admissible values  Arsenic values close to or slightly exceeding admissible limits (geochemical background)  Other elements the values were similar to the ones obtained in all samples previously analyzed AUDIT. DIAGNOSIS
  • 48. 3.1. SOIL. COMPLEMENTARY STUDIES 2º AND 3º STAGE RESIDENCIAL AGRÍCOLA AGRÍCOLA AGRÍCOLA Canal de riego Canal de riego Canalderiego CANALS ON URBAN LAYOUT 1995 (fear of a “Love Canal” case) AUDIT. DIAGNOSIS
  • 49. 3.2. SOIL. ACTIONS AND CONCLUSIONS  PCBs and pesticide contamination values found were not expected to generate health problems for the community if strict control in their application was kept (in the case of agrochemicals) and if they were not used again (in the case of PCB)  Results of identification of heavy metals in tank sediments presence of Arsenic and Chromium  Natural chromium and arsenic found in soils correspond to their geochemical background.  Irrigation systems were not responsible for spreading contaminant toxic elements. AUDIT. DIAGNOSIS
  • 50.  FUNAM is a non-profit grassroots NGO that develops an innovative mix of activism, social advocacy, research, professional expertise, networking and communication.  FUNAM works independently of governments and corporations. Since its creation, more than 20 years ago, FUNAM has led a permanent battle against environmental degradation, environmental corruption and lack of justice.  FUNAM (ENVIRONMENT DEFENSE FOUNDATION) During this stage, FUNAM, an NGO, had a crucial role in serving during the conflict in two ways: making people participate and requesting the government not to ignore the problem. FUNAM PARTICIPATION
  • 51. MAIN MISSIONS  FUNAM works at local, regional, national and international level, and has the following main missions: 1, To protect the rights of the people to a sustainable, safe and healthy environment (advocacy). 2, To protect the environment and natural ecosystems. 3, To participate in the managing of ecosystems. 3, To train and to empower people (Environmental education, How to be listened). 4, To provide technical advice for people, other NGOs and international organizations. 5, To investigate (Research). 6. To generate projects of regulation (Environmental law). 7, To undertake legal actions against people responsible for environmental damage and corruption. 8, To promote people's participation in the decision making process. 9, To promote sustainable development. 10, To disseminate information in the media. 11, To be part of the NGO movement ant to promote networking, and 12, To promote joint work among different social sectors. FUNAM (ENVIRONMENT DEFENSE FOUNDATION) FUNAM PARTICIPATION
  • 52. AWARDS  FUNAM received several national and international prizes, among them the Global 500 Award from United Nations in 1987. After 20 years of work FUNAM is widely known all over Argentina and abroad. FUNAM received public recognition from indigenous people, grassroots organizations, groups of citizens and farmers, NGOs, local governments and international organizations. FUNAM ( ENVIRONMENT DEFENSE FOUNDATION) FUNAM PARTICIPATION
  • 53. MAIN ACHIEVEMENTS •Campaign to reduce the eutrophization and mismanagement of the San Roque lake. •Campaign to close the uranium mine of Los Gigantes which polluted the San Roque basin. •Campaign to stop the deforestation of natural ecosystems, mainly forests of Chaco Biogeographic Province. •Campaign to stop the aerial spraying of dangerous pesticides in Colonia Tirolesa and other small human settlements. •2002-2006. Success in closing or diminishing existing sources of pollution (pesticides, PCBs, electromagnetic fields, natural pollution with lead, chromium and arsenic, other sources) in the community of Ituzaingó Anexo in Cordoba (Argentina). 2004-2005. Contribution to the approval of a municipal regulation that prohibits the use of pesticides near inhabited neighborhoods over a zone of 2,500 meters in Ituzaingo Anexo neighborhood. FUNAM (ENVIRONMENT DEFENSE FOUNDATION) FUNAM PARTICIPATION
  • 54. Prof. Dr. RAUL ALBERTO MONTENEGRO, Biologist 1974. Biologist. Graduated at the National University of Cordoba (UNC), Argentina. 1997. Doctor Honoris Causa. Granted by the National University of San Luis (UNSL) “as a recognition for his achievements in the fields of environment and health, environmental education and free transfer of scientific background to groups of citizens”. 2004. Right Livelihood Award (Alternative Nobel Prize). FUNAM ( ENVIRONMENT DEFENSE FOUNDATION) FUNAM PARTICIPATION
  • 56. The National Constitution • Determines and organizes the legal and institutional structure of the system. Sets competencies and jurisdictions. • Sets a representative, republican and federal system of government. • Allows us to know our rights and duties. It also sets the limits and attributions for those who are responsible for legislation and management. ENVIRONMENTAL DAMAGE
  • 57. The Constitution in Argentine‟s legal system Establishes Federal and Representative System Establishes Rights and Duties Organizes and Structures the System Determines Powers and Jurisdictions Establishes Principles ENVIRONMENTAL DAMAGE
  • 58. Aspects to Highlight in the Constitution • First part: declarations, rights and guarantees • Chapter II on new rights and guarantees: Art. 41, 42 and 43 have direct relationship • Second part: on the authorities. • Assigns the functions of the three powers: legislative, executive and judiciary • Distributes the competencies between the federal government and the provinces. ENVIRONMENTAL DAMAGE
  • 59. Article 41. All inhabitants enjoy the right to a healthful, balanced environment fit for human development, so that productive activities satisfy current needs without compromising those of future generations, and have the duty to preserve the environment. Environmental damage shall generate as a priority the obligation to repair it under the terms that the law shall establish. The authorities shall provide for the protection of this right, for the rational use of natural resources, for the preservation of the natural and cultural patrimony and of biological diversity, and for information and education on the environment. It falls to the Nation to dictate laws containing a minimum budget [necessary] for protecting the environment, and to the Provinces [to dictate] those laws necessary to complement the National laws, without such laws altering local jurisdictional [authority]. ENVIRONMENTAL DAMAGE
  • 60. Other articles to consider • Article 86 in Chapter VI incorporates the Defender of the People as independent body created within the ambit of the National Congress. It has full autonomy and procedural legitimacy. • Title II Provincial Governments (Art. 121 through 128) • The Provinces retain all powers not delegated to the Federal Government • The Provinces make their own local institutions and are governed by them. Provinces dictate their own Constitutions • The original ownership over natural resources existing in their territory belongs to the Provinces ENVIRONMENTAL DAMAGE
  • 61. „‟Any loss, decline or significant impairment to the environment or one of its components “ (Law 19.300. Environmental General Rules. Chile) „‟Any loss, decline or significant detriment to the environment " (Law 64-00. Environment Natural Resources. Dominican Republic) “Environmental damage is any harm to the environment or any of its components that can be caused in contravention or not of the legal provision, creating current or future negative effects“ (Law 28.611 Environmental General Law. Perú) ENVIRONMENTAL DAMAGE: CONCEPT
  • 62. "Environmental Damage. This chapter sets the rules that govern the standards or legal acts, lawful or unlawful acts, that by action or omission cause collective environmental damage. Environmental damage is defined as any relevant alteration that modifies the environment, resources, balance of ecosystems or collective values ​​“ (Article 27, Law 25.675, (Law 28.611 Environmental General Law) Develops and refines previous concepts: • Lawful or unlawful acts • Detriment to the environment, its parts or elements (water, air, soil, biodiversity) • Collective values > „‟Natural, Cultural, Social and Politic Heritage‟‟ “Modification should occur in the environment, natural resources or collective goods, which, according to the Argentine law by constitutional mandate, include also the cultural heritage” ENVIRONMENTAL DAMAGE: CONCEPT
  • 63. Damage involves essentially a NEGATIVE modification or alteration of the environment, SIGNIFICANT or RELEVANT. • "... The line between RELEVANCE and irrelevance, is linked to the possibility of NATURAL REGENERATION, distinguishing the ALTERATION hypothesis, characterized as an irreversible consequence caused to the environment, that the system itself can remedy, and the HARM hypothesis, characterized as a degradation that affects genetic diversity or essential ecological processes that natural systems can not remedy". [Horacio Rossatti, "Environment, Law and Sustainability"] • BUT, IN PRACTICE… • "... Environmental damage is set when the degradation of the elements ... acquires certain GRAVITY levels exceeding quality guidelines, standards or parameters that constitute the tolerance limit imposed by coexistence". [Bustamante Alsina] RELEVANCE OF ENVIRONMENTAL DAMAGE
  • 64. "Up to what point man ceases rational use of the environment to start damaging it‟‟ [Besalu Parkinson]. • Regarding industrial waste plants, it is expressed that “they should not significantly endanger or affect the quality of life of the population". [Article 29, Law 25,612 Industrial Waste Management and Service Activities] • The change should be negative, it is in essence, important, relevant or significant impairment, disability, degradation, destruction, contamination, pollution, damage, deterioration, offense, injury , risk, threat or real danger, that may have potential or uncertain character in cases of serious or irreversible environmental damage. RELEVANCE OF ENVIRONMENTAL DAMAGE
  • 65. • The effects on the environment should involve an alteration of the whole [Lorenzetti, Ricardo] • From a legal point of view, not all adverse changes to the environment should be considered environmental damage> they should overcome the normal tolerance limit or ignore the legal standards. EXTREMELY COMPLEX RELEVANCE OF ENVIRONMENTAL DAMAGE
  • 66. • Tolerance and reasonableness set the basis for the interpretation of environmental damage. “ [Kemelmajer Aida| • "... the adverse action involves the disruption of natural laws." [Lorenzetti, Ricardo] • “ Acceptable risk levels (adverse effects on humans, toxic or carcinogenic) should be established by competent authorities, on the basis of international standards, with scientific support ” RELEVANCE OF ENVIRONMENTAL DAMAGE
  • 67. • The individual environmental damage (classical civil damage) is established by the Industrial Waste Law 25,612 and the Civil Code (Articles 1113, 2618 and 1109). • The collective impact damage or environmental damage is governed by the General Environmental Law 25,675. It can be adapted to cases of "Individual Environmental Damage“ by the authority. ENVIRONMENTAL DAMAGE
  • 68. • TWO VIEWS: – 1) ANTHROPOCENTRIC (CLASSICAL) – 2) ECOLOGICAL (NEW PARADIGM?) • 1 To protect man, we need to protect the environment (“health of ecosystem related to health of man”). • 2 Environment itself should be the objective of the protection of the law. ENVIRONMENTAL DAMAGE: PENAL ANALYSIS
  • 69.  PROBLEM WITH CAUSALITY IN FIRST VIEW. NO PROBLEM WITH CAUSALITY IN SECOND VIEW.  Environment protection should be autonomous, direct, integral and active. Not a result of danger or damage that its deterioration can cause. ENVIRONMENTAL EQUILIBRIUM IS A JURIDICAL GOOD WITH VALUE IN ITSELF.  BUT… Such an ample definition would be against the principles of minimum intervention and the characteristic of the penal law of being extraordinary as an instrument for control. And, what would be the exact situations that could be threatened by a penalty? ENVIRONMENTAL DAMAGE: PENAL ANALYSIS
  • 70. EXAMPLE: The Penal Code (1921) – Water poisoning • Chapter IV: Crimes against the Public Health. • He who shall poison water for consumption will be punished with three to ten years of imprisonment. ENVIRONMENTAL DAMAGE: PENAL ANALYSIS
  • 71.  With regard to methodology  The situation started without standards to compare with reality. During the work, appropriate standards were studied and selected.  At the beginning, the problem could not be accurately identified and described.  At first, the change that caused the unwanted effects had not been identified. CONCLUSIONS
  • 72.  Important contaminants  arsenic  pesticides  Major ways soil, atmospheric path and suspended dust  Chromium and arsenic found in soils, corresponding to the geochemical background.  Irrigation systems were not considered to have been responsible for spreading contaminant toxic elements.  From the analysis of the problem conducted in the Audit, possible deviation causes could be identified.  No cause accurately explaining all data was found in the problem specification; different causes were found for partial aspects of the problem. CONCLUSIONS
  • 73.  Possible major causes associated with the atmosphere were the aerial fumigation spraying and flying of contaminated soils; then contaminants concentrated in tanks and reached people directly or through water  Under no circumstances can aerial fumigation be allowed close to urban areas. Controls on agrochemical application should be increased.  Tanks should be always kept covered and clean  No indication that the neighborhood environment is uninhabitable was found.  Epidemiology should be deeply studied  Comparative analysis with other neighborhoods of the city should be conducted CONCLUSIONS
  • 74.  No particular element should be assigned as single responsible cause of the situation studied; the possibility of a multicausal problem was stated.  Poor economic situation of the inhabitants of the neighborhood, lack of employment, poor diet, poor access to medical care, and many others are also possible causes of the identified problems (concomitant causes).  VULNERABILITY ANALYSIS SHOULD BE GIVEN AS MUCH IMPORTANCE AS THE STUDY OF POSSIBLE THREATS/MENNACES.  Tasks to be accomplished development of a complete epidemiological study that allows knowing the deviations, contrasting them with standard values and with similar communities taken as CONCLUSIONS
  • 75. Some of the claims gave place to penal trials that ended up in criminal sentences. • In August 2012, in a landmark ruling, Justice sentenced the farmer Francisco Parra and the pilot Edgardo Pancello, who were found guilty of polluting, because of illegal spraying in Ituzaingó Annex neighborhood (three years' imprisonment). • It is the first process in the country and the continent that judges the application of chemicals in cultivated fields and their harmful effects on the population‟s health. CONCLUSIONS
  • 76.  The ruling had an immediate national and international impact, and this reveals that protection of the environment could succeed against irresponsible and criminal producers. CONCLUSIONS
  • 77. • This case serves as a simple model to link science, practical experience in conflicts and communities participation. It is important to stress that there are difficulties in uniting these different worlds where the academy does not like roadblocks or conflicts in general, where good science is there but not always easily available, and where neighbors, in many cases, do not like some results that do not confirm what they expect. CONCLUSIONS