The undersigned organizations express concern about the implementation of the "Minimum Budget Law for the Preservation of Glaciers and Periglacial Environment" (National Law 26639).
In the presence of three precautionary measures issued by the Federal Court of San Juan, Dr. Miguel Angel Galvez, who suspended the implementation of Law 26,639 in the province, we urge the authorities to act in defense of the rule, taking into that it seeks the protection of a collective human right and as the right to water, and has been sanctioned under our Constitution.
court adopted the measure known to Constitution and the harmonious and comprehensive interpretation to be given to its provisions, including the Article 41 (Environmental clause) and 124 (original ownership of natural resources).
There is a serious deficiency in the judicial resolution of the case, to the extent that it does not answer the above interpretation, nor of the General Environmental Law, also ignored by the jurisprudence of the Supreme Court of the Nation in cases of great public importance.
explicitly also observe a large pressure from companies and some provincial governments to create doubts concerning the applicability of the rule. It is for this reason that we urge the Government and the executive and judicial authorities of the provinces to assume full responsibility for the enactment of Law 26,639.
In this regard, and in relation to the National Executive, we consider it a priority to the regulation of Law 26,639 is effected within 90 days of its publication in the Official Gazette
, as provided by Article 17; term which took effect from October 28, 2010.
is also extremely important to comply with the deadlines set out in Article 15 of the Act. There is instituted "no later than 60 days after enactment"
the norm for the IANIGLA - in charge of the implementation of the National Inventory of Glaciers, submit to the Secretariat of Environment and DesarrolloSustentable of the Nation "a timetable for conducting the inventory, which should begin immediately for those zon as where, by the existence of activities referred to in Article 6, are considered a priority. " This term came into force on September 30, 2010. After making the schedule, shall be done in these areas, "the inventory as defined in article 3 in a period not to exceed ONE HUNDRED EIGHTY (180) days."
Finally, it is also essential for the proper implementation of activities under the first phase of implementation of the law that the IANIGLA has the financial resources to develop this task
. In that sense, it is necessary that the Government, through the Authority, ensuring the rapid availability of these resources for the law can be applied in all sizes.
Buenos Aires, January 3, 2010 SIGNATORY ORGANIZATIONS
Friends of the Earth Argentina Argentina
Association of Environmental Law for Development Awareness
Dialogue for the Environment and Natural Resources Foundation (FARN)
Foundation Climate Change Project Greenpeace Argentina
In the presence of three precautionary measures issued by the Federal Court of San Juan, Dr. Miguel Angel Galvez, who suspended the implementation of Law 26,639 in the province, we urge the authorities to act in defense of the rule, taking into that it seeks the protection of a collective human right and as the right to water, and has been sanctioned under our Constitution.
court adopted the measure known to Constitution and the harmonious and comprehensive interpretation to be given to its provisions, including the Article 41 (Environmental clause) and 124 (original ownership of natural resources).
There is a serious deficiency in the judicial resolution of the case, to the extent that it does not answer the above interpretation, nor of the General Environmental Law, also ignored by the jurisprudence of the Supreme Court of the Nation in cases of great public importance.
explicitly also observe a large pressure from companies and some provincial governments to create doubts concerning the applicability of the rule. It is for this reason that we urge the Government and the executive and judicial authorities of the provinces to assume full responsibility for the enactment of Law 26,639.
In this regard, and in relation to the National Executive, we consider it a priority to the regulation of Law 26,639 is effected within 90 days of its publication in the Official Gazette
, as provided by Article 17; term which took effect from October 28, 2010.
is also extremely important to comply with the deadlines set out in Article 15 of the Act. There is instituted "no later than 60 days after enactment"
the norm for the IANIGLA - in charge of the implementation of the National Inventory of Glaciers, submit to the Secretariat of Environment and DesarrolloSustentable of the Nation "a timetable for conducting the inventory, which should begin immediately for those zon as where, by the existence of activities referred to in Article 6, are considered a priority. " This term came into force on September 30, 2010. After making the schedule, shall be done in these areas, "the inventory as defined in article 3 in a period not to exceed ONE HUNDRED EIGHTY (180) days."
Finally, it is also essential for the proper implementation of activities under the first phase of implementation of the law that the IANIGLA has the financial resources to develop this task
. In that sense, it is necessary that the Government, through the Authority, ensuring the rapid availability of these resources for the law can be applied in all sizes.
Buenos Aires, January 3, 2010 SIGNATORY ORGANIZATIONS
Friends of the Earth Argentina Argentina
Association of Environmental Law for Development Awareness
Dialogue for the Environment and Natural Resources Foundation (FARN)
Foundation Climate Change Project Greenpeace Argentina
