Weakly touch this issue among the media and the population. Many are still wearing masks and hundreds of implements to protect themselves during the post-quarantine that has left more than one unemployed and now an agreement in the forgotten jungle of our country puts the well-being of the peoples of the area most affected by the pandemic and the dilemma about our sovereignty.
But, dear reader, as this medium prides itself, our intention will always be to put in your hands the information as neutral as possible so that you can ask yourself the corresponding questions and opinions will be given in the end as a reference, in case you prefer or do not consider them. After all, this is the art of democracy. Far from political pretensions involved, and without attempts to make him fall into some disinformation trap.
But what is this famous agreement that puts so many interests of pro-environmental NGOs, indigenous populations, and the States themselves on edge? This is a document written in 2015, established in the category of an international treaty, which was signed by 22 countries in Latin America and the Caribbean for the «safeguard» and «protection» of the environment. However, of the 22 member countries, only 9 have maintained their ratification. Among them, Antigua and Barbuda, Bolivia, Ecuador, Guyana, Nicaragua, Panama, Saint Kitts, and Nevis, Saint Vincent and the Grenadine, and Uruguay.
In summary, the first article of this agreement mentions that it seeks «to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in environmental decision-making processes and access to justice. in environmental matters, as well as the creation and strengthening of capacities and cooperation, contributing to the protection of the right of each person, of present and future generations, to live in a healthy environment and to sustainable development. »
This means that all matters related to environmental controversies, considering the incredible variety that we have in Peru, may be reviewed and considered at the International Court of Justice (ICJ). It also asks the ratifying State to guarantee a good environment for individuals, groups, and organizations (NGOs), as well as access to Public Information on the environment for these elements of society.
This sounds pretty good for a country where you can’t even improve the health or water and sewage system of populated areas on the borders we share with Brazil, for example. Loreto, Madre de Dios, Pucallpa, among other departments, could consider this viable option due to the forgetfulness and abandonment of the Peruvian state they wore during the pandemic and even earlier, after the dengue crisis in the region.
Unfortunately, not everything that glitters is gold. For Miguel Ángel Rodriguez Mackay, an expert in international affairs, among its different historical sources, this agreement should not proceed because it would put the sovereignty of the country in foreign hands for purposes far removed from those originally seen.
«The Escazú agreement would serve as a driving force for environmental disputes in the territory of a State to be resolved by the International Court of Justice, that is, goodbye to national justice, managing to relativize sovereignty, which by definition is only absolute from the historic Peace of Westphalia. »
Likewise, he also mentioned that this type of agreement such as the one signed in the Costa Rican city in 2018, could lead to serious conflicts between countries. As he recalls in his opinion column in Correo, Ecuador considered as an «Amazon State» could try to sue Peru before the ICJ. His interest, he points out, would come from 1941 when it led us to a war that extended tensions until 1995.
However, it is not the only personality that highlights some shortcomings in the ratification of this agreement. Foreign Minister Meza-Cuadra shared his appreciations in this regard, reminding us that there is no need for an agreement to provide public information. For this, Law 27866 allows it. In addition, he stressed that the ratification of this type of document would encourage different additional conflicts between signing and non-signing territories, causing a profound imbalance in the region.
«The binding legal nature of the Escazú Agreement will generate a new international obligation for the Peruvian State, specifically in the area of human rights defenders, so it will be subject to international responsibility in the event of non-compliance,» the document issued by the Foreign Ministry mentioned. last June 17.
An agreement can change the turn of history not only of the country but of the region. Will they seek to lose their power and control over those who were unable to protect? Will it be an opportunity for
An agreement can change the turn of history not only of the country but of the region. Will they seek to lose their power and control over those who were unable to protect? Will it be an opportunity for the Martín Vizcarra government to put aside populism and realize what it may be causing in our jungle and in different regions of the country?
From this humble rostrum, we wonder if perhaps the government itself has failed in its task of safeguarding spaces for indigenous populations or for those who prefer to belong to the other side of the border, to leave this type of responsibility to international entities or organizations that unfortunately lack the necessary prestige.
This type of agreement should not be for any reason a type of risk and should not even be discussed if in principle the central government had had enough personality to look after the interests of all Peruvians and not only it’s own. Or at least, consider that in the midst of a pandemic, what the populations that now seek to ‘care’ so much by ratifying a Caribbean agreement, are the same that begged them for oxygen so as not to die not less than 3 weeks ago. It is a misfortune for many, to consider that this situation only concerns the simple paradoxes that are lived in the middle of a universe called Peru and to which we are already seriously accustomed.