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The notable absence in the Bases law and the May Pact

The notable absence in the Bases law and the May Pact
The notable absence in the Bases law and the May Pact

The bill on The issue of Bases and Starting Points for the Freedom of Argentines will be discussed again in the Chamber of Deputies on June 27. Both chambers have already approved at least two titles of this bill that potentially negatively affect the “right to a healthy, balanced environment, suitable for human development and for productive activities to satisfy present needs without compromising those of future generations.” that consecrates the article 41 of our National Constitutionfor all the inhabitants of the Argentine Nation.

Upon approval by the chamber of origin and the reviewing chamber, if the project becomes law, the National Executive Branch may modify and even dissolve public trust funds. Among the funds of importance for environmental policy, the Trust Fund for Environmental Protection of the United States stands out. Native Forests and the National Fire Management Fundamong others. These funds are essential due to the importance of protecting native forests in sustaining biodiversity and fighting climate change, or to providing budgetary tools to deal with the increasing number of fires in our country in each case.

The Concern about the possible dissolution of these funds for fires and forests, takes on greater relevance from the statements of high public officials who maintain the lack of responsibility of humanity regarding global warming. and the expectation that the deforestation of our native forests will be regulated by the market.

In turn, the approved Large Investment Incentive Regime (RIGI) in its Article 163 explicitly states that: “Without prejudice to the legitimate exercise of local jurisdictions and powers, any rule or de facto means by which the provisions of this title are limited, restricted, violated, hindered or distorted by the Nation and the provinces, in and of themselves. its municipalities, and the Autonomous City of Buenos Aires, that have joined the RIGI, will be absolutely null and void and the competent Justice must, immediately, prevent its application.”.

The benefit of the RIGI would extend for 30 years, in a context of climate crisis, loss of biodiversity and environmental pollution. It is not difficult to anticipate that changing climatic and environmental conditions, or the emergence of new technologies and market trends, will determine that, for reasons of public good, new environmental protection standards must be applied, but, based on the RIGI, these would be considered null and void.

Finally, the Articles 173 and 174 They list the requirements that must be met to join the RIGI and do not impose conditions on beneficiary companies that involve the submission of Environmental impact studies nor the realization of Cumulative Impact Assessments of their projects.

On the other hand, in point 6 of the announcement May Pact -rescheduled for the month of July- it is requested “A commitment from the provinces to advance the exploitation of the country’s natural resources”. In this sense, the concept of “exploitation” is at least anachronistic in relation to the use of natural resources.

The benefits offered in the RIGI could be the gateway to compliance with point 6 of the May Pactcommitting for 30 years the ability of different jurisdictions to reorient environmental and climate policies to the changing conditions of nature and climate, in search of a “healthy and balanced environment” for all inhabitants of the Argentine Nation, as mandated by article 41 of the National Constitution.

There are few examples of actions by national governments that have made significant efforts to comply with this constitutional mandate and, as is unfortunately often the case in our country, history seems to tend to repeat itself. Argentina is once again facing a serious economic, social, economic and political crisis. Once again it seems that an attempt is being made to apply a recipe that has not yet brought us the much-desired development.

A greater relaxation of environmental standards can never be the way to build true development, sustainable development. The Bases law and signed the May Pactorganized civil society must be attentive to the possible negative socio-environmental impacts that the incentives offered to exploit natural resources may generate in nature conservation, the fight against climate change and the well-being of citizens.

General Director of Wildlife Foundation.

Source: Ambito

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