The Legislative Assembly’s Environmental Debt

MontecristoThe current term of the Legislative Assembly comes to an end in a couple weeks and their inaction on environmental issues has left a huge debt to the people the were elected to serve.

When the Legislative Assembly began its 2012-2015 term, the body’s President Sigfrido Reyes said, “the debate in the current legislature requires a dignified position of the Parliament. As the Assembly begins, it is faced with some formidable challenges among them is reducing the environmental vulnerabilities.” A month later, Representative Francisco Zablath, President of the Assembly’s Environmental and Climate Change Commission, said, “What the Legislators do or fail to do affects millions of Salvadorans, and for that reason our task is to legislate responsibly and focus on the common good. So I promise to address water issues in a holistic manner and with the benefit of the population being the center focus.”

But three years later, the Legislative Assembly has accomplished little in protecting El Salvador’s environment and natural resources. Legislators managed to pass a ban on circus animals, extend an environmental emergency declaration in Sitio del Niño, and removed toxic chemicals from San Luis Talpa. These are important and necessary actions, but there are so many other big environmental issues the Legislature failed to act on.

The most emblematic is the General Water Law, which was first presented to the Legislative Assembly in 2006. It is incredibly irresponsible that in 9 years legislators have yet to approve a law that regulates the use of water. El Salvador is on the brink of a water crisis, and the government must take action, but the legislature seems paralyzed.

Carolina Amaya, an environmental activist at the Salvadoran Ecological Unit argues that the reason they have not passed the General Water Law is that business leaders have close ties to right-wing legislators. These private, for-profit interests want to control water resources through privatization, and their representatives in the Legislature have been holding up the bill on the their behalf. Ms. Amaya says that giving private businesses control over water management would be like putting the fox in charge of the hen house.

The Legislature has also failed to ratify an amendment to Article 69 of the Constitution, which would recognize food and water as a basic human right. The amendment was passed in April 2012 just before the last legislative term ended. But to become binding, the Legislature had to ratify it in this term with at least 56 votes, which they were unable to do. It seems like a pretty non-controversial bill giving people the right to adequate nutrition and water, and requiring the State to manage water resources in a way that provides people with adequate access to each.

Twice, legislators have tried to ratify the amendment, but the two conservative parties have voted against it without making any good policy arguments as to why. The Archbishop of San Salvador, José Luis Escobar Alas, recently asked the Assembly, “the right [to food and water] is nothing you can deny, and will all due respect, and with all the respect I can communicate to the honorable legislators, I want to ask that you not reject the amendment and give this your vote, because if you reject it, you deny Salvadorans of their most important and fundamental rights.”

The reality is, however, the Legislative term will end in a couple weeks and with it the opportunity to make a substantial contribution to the country – elevating the right to food and water to a constitutional right.

The legislature also continues to ignore the proposed ban on metallic mining. In a conversation with the Movement of Victims Affected by Climate Change and Corporations (MOVIAC), Representative Lourdes Palacios, the Secretary of the Environmental and Climate Change Committee, recognized that the ban on mining has not been on the Commissions agenda and that they have not looked at the issue.

There are several other environmental issues that are important to Salvadorans and the natural resources they depend on but that the Legislative Assembly has ignored this term. These include the prohibition of toxic agrochemicals, passage of a food sovereignty law, and needed reforms to the Risk Management Law.

The current legislature is leaving a lot of unfinished business for the next term, as well as a big debt to Salvadorans whose health and wellbeing hang in the balance. Water, food and nutrition, mining, toxic agro-chemicals, and risk management are all issues that the Legislature has to address. The next legislative body cannot be irresponsible as their predecessors were – they have a moral and ethical obligation to the people that elected them to office.

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