Convention approves environmental human rights, food sovereignty and economic matters | Digital medium The Northern Fox

The Plenary of the Constitutional Convention voted the replacement report of the Environment Commission on water, mining, economic model, fiscal policy, glaciers, wetlands and more.

Of a total of 34 articles, 16 were approved with 103 votes or more, with which they were incorporated into the draft of the new Constitution.

Constitutional status of the waters

Four articles were approved on this inappropriate common good, referring to the duty of the State to protect it and ensure its reasonable use. Likewise, it was established that in its use the exercise of the human right to water and sanitation, and the balance of ecosystems, must prevail.

Along with this, a water governance system called the Basin Council was defined.

Public Custody of Nature

A new article was approved that establishes that the State has the duty of custody over all natural common goods, in order to ensure the rights of Nature. Any person may demand compliance with the constitutional duties of custody of natural common property.

But in practice, what does this mean? This duty of custody is a standard of special protection, which implies guaranteeing the integrity of ecosystems, respect for the rights of Nature and the maintenance of their contributions to society.

This is directly related to another of the approved articles entitled “Of wetlands, native forests and soils” which implies that the State as custodian must ensure the integrity of these ecosystems, their functions, processes and water connectivity.

Of the protected areas

The State, through a national system of protected areas, unique, comprehensive and of a technical nature, must guarantee the preservation, restoration and conservation of natural spaces.

It will also have to monitor and maintain updated information on the attributes of said areas and guarantee the participation of local communities and territorial entities.

  • Sovereignty and food security
  • It is the duty of the State to ensure food sovereignty and security. For this it will promote:
  • Production
  • Distribution
  • Food consumption that guarantees the right to healthy and adequate food
  • Fair Trade
  • Ecologically responsible food systems
  • Constitutional status of minerals

The article was approved that maintains that the State has the absolute, exclusive, inalienable and imprescriptible domain of the mines, as in the current Constitution.

Meanwhile, the exploration, exploitation and use of these substances will be subject to a regulation that considers their finite nature, non-renewable, of intergenerational public interest and environmental protection.

Along with the above, the Mining Activity Policy was also approved. With this, it will be the task of the State to define a mining activity policy and the link between companies from different productive sectors.

  • This policy must take into consideration:
  • Environmental and social protection
  • Innovation
  • Generation of added value
  • Access and use of technology
  • Protection of small mining and pirquineros
  • economic matter

Three articles referring to the economic role of the State were approved here: The State participates in the economy (…) which it must do in a coordinated and coherent manner, based on the principles of solidarity, productive diversification, social and solidarity economy, and economic pluralism .

  • Likewise, the State will promote:
  • Innovation
  • local markets
  • short circuits
  • circular economy

Regarding the regulation of state business activity, it is established that in order to participate in the economy, the State may develop business activities as determined by the respective regulations.

Public companies must be created by law and shall be governed by the legal regime determined by it.

When appropriate, the rules of public law on probity and accountability will apply.

environmental human rights

Finally, three articles were approved that establish that “everyone has the right to a healthy and ecologically balanced environment”, access to environmental justice and the right to “clean air throughout the life cycle”.

At the end of the voting, the coordination and constituents of different groups delivered a positive and joyful balance of the day.

Juan José Martin, coordinator of the Environment Commission pointed out that “the regulations presented were the product of a great effort by the groups. We rescued the spirit of dialogue that was maintained and with which we managed to build standards that today show substantive progress.”

Together with him, the coordinator Camila Zárate highlighted some of the matters approved by the Plenary: “We managed to establish the specific administration with respect to water, which will be ecologically responsible, with the hydrological cycle at the center, and a priority use for human consumption. and the balance of ecosystems.

On the other hand, 17 articles obtained less than 103 votes, for which they were returned to the Environment Commission to receive indications and prepare a second and final constitutional proposal.

In this regard, Martin indicated that “we are going to continue dialoguing and reaching the final agreements. We are quite happy with today’s session. Of course, there is still a long way to go and we will make the final effort to send this last report and with this close the process of the Environment Commission”, closed the constituent and coordinator.

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Convention approves environmental human rights, food sovereignty and economic matters | Digital medium The Northern Fox


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