Case Study Addresses Enforceability of Air Regulations in Bogota, Colombia
By Gloria Isabel Triviño Valenzuela, Research Group for Sustainable Development and Environmental Law (GIDSDA), gloriatrivino@yahoo.com

One of the biggest problems affecting the City of Bogotá, Colombia, is air pollution, which has had a huge impact on the health of Bogotá’s population, especially concerning the number of people affected by acute respiratory disease.

This situation occurs in different zones of the city; however, it is most evident in the industrial zone called “Puente Aranda.” This zone is primarily industrial, with 41% of the total land use attributed to industrial activities, according to a study of the La Salle University in Bogotá.

According to the local environmental authority, the air pollution has two primary sources, industrial activity, and freight and public transportation, especially over the main avenues of the zone. To solve the problem the national and local governments have adopted regulations at both levels with the aim of reducing air pollution and the correlated health impacts on the citizens.

The main regulations are: Decree 2811 of 1974 – Natural Resources and Environment Code, which contains prevention measures and prohibitions; Law 009 of 1979 – National Sanitary Code, which contains some regulations for air pollution; Decree 02 of 1979 and Decree 948 of 1995 which contain regulations about protection of air quality; and recently issued Decree 979 of 2006 and Resolution 601 of 2006, which modified and developed the parameters of Decree 948 of 1995.

In spite of the adopted rules and the interest shown by the successive governments to solve this problem, recent studies show an increase in mortality related to the contamination. This situation raises questions about the actual state of compliance and enforcement with the air pollution regulation in Bogota.

The Autonomous University of Colombia has launched a study to develop methodological guidelines in legal frameworks and to evaluate the effectiveness of environmental regulations.

In coordination with the local environmental authority, DAMA (by his acronyms in Spanish), the group will consider the “Puente Aranda” air pollution case to analyze the methodology for creating the regulations, promoting compliance, and enforcing the rules. The group expects that through the methodological analysis, some improvements for future regulations on health and the environment may be obtained, helping the government reach their goal to reduce air pollution.

Project Finalizes National Hazardous Waste Inventories and Action Plans in Central America
By Andreas Arlt, Program Officer, SBC, Andreas.Arlt@unep.ch

The Secretariat of the Basel Convention (SBC) is about to finalize one of its largest regional projects on the preparation of national inventories and national action plans for the environmentally sound management (ESM) of PCBs and PCB containing equipment in Central America with a total budget of US$ 650,000.

The governments of the USA and Finland and the Parties to the Basel Convention (BD Fund) financed the project.

All Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama) participated in the project aimed at laying the groundwork for regional disposal activities for PCBs in Central America. The project is one of a series of projects successfully implemented by UNEP/Division of Technology, Industry and Economics, UNEP’s Chemicals Branch and the SBC to support Parties in the implementation of the Basel and Stockholm Conventions in a coordinated manner at the national and regional levels. At the fourth and final workshop, which took place from 12 to 14 July 2006 in San Salvador, El Salvador, all participating countries presented their national inventories and national actions plans, as related to the ESM of PCBs and PCB containing equipment, as well as the assessment of hitherto related national legislation in Central American countries with regard to chemicals and waste management, as linked to the Basel, Rotterdam and Stockholm Conventions.

Based on the results of the national inventories, action plans and legislative assessments, participants also contributed to and commented on an overarching regional strategy around six modules aimed at building the necessary capacity and carrying out activities for ESM of PCBs: legislation and enforcement, administration and strengthening of national entities, infrastructure and technology, protection of human health, control of illegal traffic and transboundary movement, programme for follow-up and control of the implementation of the regional strategy.

The external evaluation of the project is underway and follow up projects, based on the above-mentioned modules, are being formulated for funding requests. Of particular interest was the successful public-private partnerships between the countries and the energy-providing companies, which have formed a basis for further cooperation in the ESM of PCBs and PCB containing equipment.

For more information, contact Mr. Andreas Arlt, Program Officer, SBC.

Active Prosecutors Reshaped Environmental Enforcement in Brazil

Beginning in the 1980s in Brazil, public prosecutors began to take on a new role in environmental enforcement, becoming legal advocates for citizens and civil society organizations concerned about environmental problems, and in doing so reshaped environmental enforcement in Brazil, a new study says.

Brazil, like many other developing countries, suffers from the “gap” problem of environmental law: written laws are strong but their implementation and enforcement are weak.

But a study focusing on the activity of prosecutors in São Paulo and Pará observed that during the 1980s public prosecutors became more active in environmental enforcement. They began investigating environmental problems and suing to impose civil and criminal penalties for environmental harms, effectively acting as “watchdogs” over the decisions and actions of environmental agencies.

The results reshaped the landscape of environmental enforcement in Brazil and helped narrow the enforcement “gap,” according to “Environmental Enforcement and the Rule of Law in Brazil,” by Lesley Krista McAllister a graduate student and PhD candidate at the University of California, Berkeley.

The study found that, in São Paulo and Pará, prosecutorial institutions differed in the extent to which they are energetic and effective actors in environmental enforcement. In São Paulo, state prosecutors were highly energetic but their effectiveness was plagued by a lack of prioritization and coordination, institutional conflict with the environmental agency, and delays in the judicial resolution of enforcement actions.

In Pará, the small number of federal prosecutors working in the state had developed a much more energetic and effective practice of environmental enforcement than state prosecutors, who were limited by a lack of independence from the state executive branch.

The study concluded that, in spite of this variability, the prosecutorial mode of enforcement constitutes a model for other countries that suffer from the “gap” problem of environmental law, particularly Latin American countries that share many political, economic, and legal-cultural characteristics with Brazil.

For more information, contact the INECE Secretariat.