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Comunidad aborigen de Santuario de Tres Pozos et al v. Jujuy Province - petition

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On July 12, 2023, several Indigenous Communities and an ENGO (Fundación Ambiente y Recursos Naturales – FARN) filed a claim before the Superior Tribunal of Justice of the Jujuy Province challenging the constitutionality of the new provincial constitution. The claim involved several arguments, some of them are environmental and one is climatic. Among others, the plaintiffs alleged the breach of the right of the Indigenous Communities to free, prior and informed consent, the right to access information, the right of human rights defenders in environmental matters, the non-regression principle as contained in the Escazú Agreement and the infringement of international and national environmental provisions. 
Regarding this last argument and particularly climate concerns, the plaintiffs observed that Jujuy is home to (high-Andean) wetlands (salt pans, salt flats, lagoons, meadows) that provide a range of key environmental benefits, such as climate mitigation and adaptation, and that those ecosystems are threatened by the impacts of climate change and human activities with high impact, including the increasing lithium mining. In this context, the plaintiffs argued, there is a need to develop a sound protection of these ecosystems that includes an intergenerational approach and the rights of the future generation. This protection is, however, according to the plaintiffs, disregarded by the new constitutional text that regulates these ecosystems mainly as objects of exploitation and production. In this sense, the new constitutional text would not engage with the National Climate Change Act, nor with the NDC or the National Long-Term Strategy. Particularly, the provincial constitutional text would breach the principle of priority introduced by the National Climate Change Act and that establishes that adaptation and mitigation policies must prioritize the needs of vulnerable groups in the context of climate change (Art. 4.c Act 27.520). 

Comunidad aborigen de Santuario de Tres Pozos et al v. Jujuy Province

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Using laws and the legal system more broadly to protect vulnerable entities

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Actions or measures to adapt freshwater systems to climate change.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Comunidad aborigen de Santuario de Tres Pozos et al v. Jujuy Province - petition

Policy instrument

Risk

Impacted group

Just transition

Economic sector

Adaptation/resilience

Finance