Electronic Dialogue 2003
Conclusions - 2nd Phase
Positive and Negative experiences regarding
the identified difficulties

1. The social, political and economic reality prioritizes urgent and short-term issues different to the environmental topics, above decisions of medium and long-term.

Negative experience:
- Anti-drugs policy when spraying a mushroom, which attacks the coke plant and affects, according to farmer complaints, other crops, harming the ecological harmony of the jungles in Peru. (Peru)

2. The traditional concepts of Law must be updated and adapted in order to analyze and solve environmental issues, which are of a relevant complexity.

Positive Experiences:
- Sentence of resistance to arrest regarding forestry matters, which imposes a monthly informative presentation in schools near the author's address and the scene of the crime. The presentation must deal with forestry characteristics, its rational exploitation, native species, and risks of clandestine or unfair extraction (Province of Córdoba, Argentina).

- Consideration of alternative punishments to persons convicted due to environmental crimes, such as the spreading of environmental protection messages through television, or animals care in environmental protection reserves. (Brazil)

Negative experiences:
- Delays to establish the competence of the courts regarding maritime illegal fishing of species in danger of extinction- black hake (Province of Santa Cruz, Argentina)

- Delays to establish the competence of the courts regarding environmental issues (Province of Buenos Aires, Argentina)

3. The strengthening of the judges and prosecutors' function must include the control of an efficient environmental management and the coordination of efforts between the Judicial and the Executive Branch.

Positive Experience:
- Judicial Control to the Administrative Authorities in the procedures of Environmental Impact Assessment (Minas Gerais, Brazil)

4. Environmental decisions must be supported by economic, technical and political will.

Positive Experience:
- After the fall of the Fujimori´s regime and five years working, a noodle factory installed in an ecological reserve - "Pantanos de Villa" in Lima-was closed. The decision was based upon the discovery of corruption acts and handled judicial sentences to obtain its building and operation licenses. Currently, judges responsible for the handled sentences are deprived of their liberty. (Municipality of Lima Metropolitana, Peru)

5. Awareness and training of judges and prosecutors is fundamental not only regarding environmental controversies in general, but also regarding the resolution of complex environmental crimes.

Positive Experiences:
- Meeting of the Federal Prosecutors of the North of Argentina. (Argentina)

- Growth of the demand of training from judges and prosecutors. Seminars and Training Courses offered by Academic Institutions and Specialized Civil Society Organizations. (Argentina)

- Consideration of the environmental protection above the influence of economic factors. Judicial decision through it was imposed the closing of "Estrada do Colono" roadway in the middle of Iguaçu National Park. (Brazil)

6. The judicial procedure must consider methodologies of environment and natural resources assessment and environmental degradation costs

Negative experience:
- Assessment techniques in the judicial stands are reasons for economic controversy. (Colombia)

7. 10. The whole environmental legal and institutional framework and its tools must encourage environmental protection. Criminal sanctions must be the last remedy.

Negative experience:
- Lack of consideration of the Environmental Impact Assessment Procedure in some Buenos Aires' projects. Example: Public Hearing in which it was decided whether the Airport of the City of Buenos Aires had to be moved or not - without considering environmental aspects-. (City of Buenos Aires, Argentina)

8. Access to justice regarding environmental issues must be guaranteed.

Positive Experiences:
- Standing of prosecutors regarding the allocation of obsolete ships in the Patagonic Coasts (Province of Santa Cruz, Argentina)

- Standing of prosecutors in the case of a high tension electro duct which affected the landscape of the region (Province of Buenos Aires, Argentina)

9. 13. The technical & scientific complexity of environmental conflicts affects the capacity to develop evidence.

10. There exists a high cost regarding evidence and costs of the environmental judicial process.

Positive Experiences:
- Work of judges and members of Border Police regarding tracking, collection of evidence and identification of possible criminals. (Province of Tucumán, Argentina)

- Work of prosecutors and members of the security forces in order to carry out monitoring work in the different media. (Province of Buenos Aires, Argentina)

- Information request to the Government of the City of Buenos Aires by means of the system of free access to information, development of information by the Government, and its presentation in the judicial process of noises in the 25 de Mayo Roadway (City of Buenos Aires, Argentina)

11. In some cases, environmental judgments present difficulties regarding its enforcement and application to make it effective.

Positive Experience:
- Cleaning up of a place in the downtown of the City of Bahía Blanca polluted with Chromium Hexavalent, which generator could not afford the remediation, with machines and people from public entities, sending the mud with hazardous wastes to be treated according to law. (Province of Buenos Aires, Argentina)

12. Society must become aware and get access to information and education regarding regulation, conflicts, and the role of judges and prosecutors on environmental issues.

Positive Experiences:
- Role of the NGO regarding penguins with petroleum (Province of Chubut, Argentina)

- Serious environmental problems (escapes of chlorine and ammonia) have contributed to sensitive the population and the possibility to ask the authorities more efficient controls (Province of Buenos Aires, Argentina)

13. The participation of the technique sector and civil society must be guaranteed in order to solve environmental conflicts.

Positive Experience:
- Intervention of academia technicians when evaluating the opportunity and convenience of remediation of an ecosystem polluted by a hydrocarbon spilled- it was decided that it was going to be worst repairing it- (Province of Buenos Aires, Argentina)

• 1st Phase: Difficulties related to the role of judges and prosecutors on environmental enforcement and compliance issues
  
  
• 2nd Phase: Positive and Negative experiences regarding the identified difficulties