Center for Human Rights
and the Environment
This we
know: the earth does not belong to man: man belongs to the earth… All things
are connected like the blood which unites one family…Whatever befalls the
earth, befalls the sons of the earth. Man did not weave the web of life: he is
merely a strand in it. Whatever he does to the web he does to himself.[1]
PROGRESS REPORT
July 2000
cedha@cedha.org.ar
I. Foreword
The following is a progress report for CEDHA detailing CEDHA’s objectives, local and international activities, human and financial resources, and future strategies. The document presents CEDHA in light of its first eight months of operations.
II. CEDHA Objectives
The Center for Human Rights and
Environment (CEDHA) opened its doors in October 1999, in Córdoba Argentina.
CEDHA's programmatic objectives are to develop and strengthen:
1.
the Awareness of the linkages between the environment and human rights, further advancing environmental and human rights
legislation at the local and international levels.
2.
the Capacity and ability of judges, attorneys, advocates, and other actors to
address the local and international defense and promotion of the environment
and human rights through the linkages between these two areas of law.
3.
Resources that provide tools to successfully defend and promote environment and
human rights at the local, national, regional, and international levels.
III. Advances in first eight months towards meeting CEDHA’s objectives
In its first eight months of operations, CEDHA has successfully launched local and international activities and secured a minimal operating budget to address its work program, generate activities, and meet its short-term institutional objectives.
On the local front CEDHA has met and worked with numerous authorities, NGOs, and advocates of human rights and environment, and in the short time since its launching, is already a recognized environmental and human rights institution in Argentina, receiving numerous invitations to assist, or actively participate in local meetings and workshops on environment and on human rights or to address issues of concern in the area of human rights and environment.
Internationally, CEDHA, has had a strong international demand for its services, and is working with renowned academic institutions designing graduate level training materials for human rights and environmental masters programs. CEDHA has also participated in training civil society actors, indigenous leaders, and NGOs on human rights an environmental advocacy channels, in Washington, DC, Argentina, Greenland, and Paraguay.
Specific Programmatic Advances relevant to Objectives:
a) Advocacy and Awareness Promotion
·
Curriculum
Development: Environment and Human Rights. In collaboration with the Center
for International Environmental Law (CIEL), CEDHA has completed the design of
an advanced graduate course on the linkages between environment and human
rights. The Course was piloted by the international law MA program, sponsored
by the American University and the Netherlands Institute of Human Rights (SIM).
CEDHA’s Executive Director, Romina Picolotti, was invited in June 00 to
co-teach the course with CIEL’s President Durwood Zaelke. Requests for the
training materials have come from Yale, University of Minnesota, Arizona, and
University of New Jersey. Materials available at: http://www.cedha.org.ar/course.htm
·
NASA Project:
Satellite Imagery, Environment and Human Rights. CEDHA collaborated in a
NASA-sponsored project, researching and developing methods to use satellite
imagery data in the promotion and protection of human rights and environment.
For this project, a preliminary draft paper/report was completed in November
99, available on CEDHA's website. http://www.cedha.org.ar/nasa.htm
· Primary and Secondary Education. CEDHA, in collaboration with Delinear, Emprendimientos Educativos, a local Argentine NGO working on environmental education at the primary-school level, is developing interactive didactic materials for training on sustainable consumption of water resources.
· Agenda 21. CEDHA collaborated as panelist with the School of Architecture and Urban Studies of the Universidad Nacional de Córdoba and with the Goethe Institute, on the Second Annual International Meeting of Agenda 21 in Córdoba (Nov. 1999). The objective of this meeting was to promote the implementation of Agenda 21 (action plan derived from the 1992 Rio Summit). CEDHA presented a study on Agenda 21 and Human Rights: the Right to Participate. (Presentation available on CEDHA's website; http://www.cedha.org.ar/doc21.htm).
·
Corporations,
Human Rights, and Environment. CEDHA participated as panelist and essayist
commissioned for the international forum of the International Council on Human Rights Policy (Geneva), on
"human rights accountability of private business: a question of
sustainable development". The paper is available on CEDHA's website. http://www.cedha.org.ar/doc22.htm
· Comparative Analysis (country studies) of legal obstacles to litigate against corporations for human rights abuses. Commissioned by the International Council on Human Rights Policy (Switzerland), CEDHA will present the Argentina case.
· United Nations Code Conduct for Corporations. CEDHA collaborated advising and reviewing the definitive draft for the United Nations Code of Conduct for Corporations; several of CEDHA’s recommendations have been included in the final draft of the code.
· Participatory Governance Training for Local Governments. Commissioned by the World Bank, CEDHA prepared training materials for municipal governments on participatory mechanisms, fostering community participation in local governance.
· American Society of International Law. CEDHA collaborated in the organization of (and was a panelist for) a panel on Human Rights, Development and Environmental Protection at the ASIL annual meeting (April 2000) in Washington, DC. CEDHA presented the topic Human Rights Responsibilities of Private Business: A Question of Sustainable Development. The presentation was published by ASIL.
· Contributor to Campaign to avoid the dismemberment of the National Secretariat of Environment, Argentina
· Participant in World Bank Country Assistance Strategy Participatory Meeting for NGOs and Civil Society
· Advocacy on Yacyretá Dam and reparations to victims, held in Asunción Paraguay
· Promotion of the creation of the United Nations Special Rapporteur on Human Rights and Environment
· CEDHA participated in the discussion on the Reform of the Inter-American System and subscribe with more than 50 NGOs of the Americas a document concerning the reform.
b) Training and Local Capacity Building
Indigenous Leaders Training (in Greenland). CEDHA participated as trainer for Latin American indigenous leaders on how to use the United Nations Human Rights System for indigenous claims. (July 2000) Included were indigenous from the following communities: Kunas (Panama-Colombia), Mapuche (Argentina-Chile), Aymara (Peru-Bolivia), Miskitu (Nicaragua), Quechua (Argentina-Peru), Kiche (Guatemala), Omak (Costa Rica), Witoto (Peru), Mexicas (Mexico)
· CEDHA’s Executive Director co-taught for the International Law Masters Program at American University.
· Agenda 21. Training on Civil Participation in Environmental Planning
· Teaching to Environmental NGOs (in Washington, DC) on how to use the Inter American Human Rights System for environmental claims.
· Municipal Governance training on Participatory Mechanisms (to 5 municipalities in Argentina).
c) Resource Development
· Publication on Environment and Human Rights. CEDHA is producing and editing a publication bringing together works of worldwide experts on the areas of overlap between human rights and environment.
· Curriculum and materials development for University Legal Masters Program on Human Rights and Environment
· Website. CEDHA has completed a website, offering links to important environmental and human rights actors, relevant documentation, and all of its publications. The website is available in English and Spanish. http://www.cedha.org.ar
· Training Materials for Participatory Governance at the local level
· Modules for graduate level coursework to include human rights and environment in curricula on international public law, international environmental law, and international human rights law (in conjunction with CIEL)
·
Case-based study
on how to use the Inter American Human Rights System for environmental
claims (in conjunction with CIEL)
·
Publication on
Dam Legislation, this book aims to provide legislative comparative analysis
to the World Dam Commission and legislators on Dam Legislation around the
world. CEDHA is currently writing the chapter on Argentina. The project is
sponsored by the American University.
IV. Litigation Component
CEDHA devotes an important portion of its resources to generating legal action in favor of the protection of environmental and human rights, and is presently focusing on several local legal cases involving human rights and environmental abuses, including:
· Awas Tingni Case. CEDHA, in collaboration with CIEL and the International Human Rights Law Group, presented a precedent-setting Amici Curiae to the Inter-American Court on Human Rights promoting the linkages between human rights and environment. Available on CEDHA's website: http://www.cedha.org.ar/curiae1.htm
· Amicus Curiae before the Inter American Human Rights Commission on the Wichis Indigenous Community vs. Argentina case. (in progress)
· Preparation for litigation on case involving the largest clandestine toxic waste deposit in Latin America, located in rural Argentina 50 meters from a primary school.
· Preparation for litigation in the US on case to defend victims of the use of pesticides that produce genetic deformation resulting in birth defects in Misiones Argentina (vs. US corporations).
· CEDHA is presently reviewing possibility of lending legal counsel to Yacyretá Dam project victims.
V. Partnerships, Networking and Other Institutional Collaboration
A large part of CEDHA’s work program is conducted in collaboration with other NGOs and institutions working in the area of human rights and environment. CEDHA’s philosophy is that through institutional relationship and by working in unison with other institutional and human resources, we can better leverage our efforts to protect against environmental and human rights abuses. Partnering is also an effective way to minimize expenditures and maximize our impact with existing economic resources; it avoids duplication and allows for more effective division of tasks between organizations.
CEDHA participates in these and other institutional linkages:
· CEDHA is part of the Environmental Information Network.
· CEDHA is member of the Inter-American environmental rights forum (a hemispheric network comprising experts and functionaries of international environmental law).
· CEDHA is member of the provincial council of environmental organizations
· CEDHA participates in the Inter-American Strategy for the Promotion of Public Participation in Decision-Making on Sustainable Development.
· CEDHA shares part of its work program with numerous non-governmental and/or academic organizations or institutions, including, CIEL (USA), CEJIL, American University, Indian Law Resource Center (USA); Sobrevivencia (Paraguay); International Council (Switzerland); CELS, Delinear (Argentina); FUNAM (Argentina), University of Arizona, Yale University, University of Minnessota, Harvard University, Notre Dame University, Catholic Universtiy (Argentina).
VI. Institutional Design
Due to its limited start-up budget and active initial work program CEDHA has opted to maintain a minimal institutional setting, largely operating in a cyber environment. Most of CEDHA’s staff and volunteer contributors work independently from satellite locations. CEDHA collaborates with a number of NGOs, sharing staff and overhead costs. CEDHA works with three interns assisting primarily with local Institutional Relations, editing and translation of CEDHA's documents and website, as well as numerous volunteer and/or remunerated staff (on a by-project basis).
VII. Pro-Bono Support
CEDHA receives a substantial contribution to its operating budget in the form of volunteer time offered by administrative, programmatic and legal human resources. This pro-bono contribution amounts to 44% of CEDHA’s human resources for the first eight months of operations.
VIII. Budget and Operating
Expenses.
Most of CEDHA’s activities have been funded on a by-project basis, with overhead and additional office expenses coming from a percentage of funds received. The largest portion of CEDHA’s budget is destined to salaries, representing 74% (although of this, 66% is not actually paid out as it is donated to CEDHA in volunteer time by staff). Travel (local and international) accounts for 13% for the first 8 months of operations, while office expenses/utilities have been kept to a bare minimum and accounts for 9%.
IX. Budget Financing
Although resources have been slim for the first eight months of operations, CEDHA has met its funding needs for all of the specific activities presented in this report and for all of the products thus far accomplished. Thirty percent of CEDHA’s expenditures (including travel, partial salary for the Executive Director, and numerous office expenses) were donated or contracted by CIEL, CEDHA’s largest supporter. Multiple contracting institutions provided remaining funds, while 44% is pro-bono from various local and international staff working voluntarily on various project components. (See graphics)
The search for more long-term funding of CEDHA's ongoing permanent work program has not yet been fruitful. Several requests for funding have been submitted and are in consideration by foundations supporting environment and human rights initiatives. Long term institutional funding will be crucial for CEDHA to be able to cover staff salaries, travel expenses, and material development costs, and other general office expenses, thus far largely financed through donations.
X. Conclusion and Future
Program and Strategy
In its first eight months of activity, CEDHA has successfully met and exceeded its initial objectives. CEDHA has successfully established itself as a unique local institution, and one of the few worldwide institutions dedicated to promoting the linkages between environmental and human rights. The large local and international demand for its services and the growing awareness of the importance of the overlap of these two areas, guarantees CEDHA’s relevance and continuity.
The perspective for the next six months is to continue to work locally and internationally to promote the linkages between human rights and environment. CEDHA will focus its work program on achieving its existing objectives, strengthening awareness, capacity, and developing resources to address the promotion of environmental and human rights.
Programmatically, CEDHA’s will prioritize:
- Development of Education Program on Human Rights and Environment at primary and high school
- Identification of Local and international environmental and human rights abuses with follow-up and litigation activities
- Local, national, and international, policy development and promotion
- Advocacy and Training involving Civil Society actors
- Material Development, including University Instruction Materials and CEDHA publication on overlaps of HR & ENV
- Research projects on issues relevant to the overlaps between HR and ENV.
- Increased search for institutional funding.
- Institutional strengthening
CEDHA BUDGET
(8/99-8/00)
