Acuerdo de Escazú y TPP11: El doble estándar del presidente Sebastián Piñera E
El Presidente Sebastián Piñera declaró el pasado lunes 23 de septiembre de 2019 que el Acuerdo de Escazú: “tiene algunos problemas que tienen que ser resueltos antes que Chile lo firme, por ejemplo problemas con la cesión de soberanía o problemas que pudieran llevar a Chile a que sea demandado ante cortes internacionales sin justificación”.[1] Esto en el marco de la Cumbre de Acción Climática que se realiza en Nueva York por estos días.
Ojalá el Gobierno de Chile tuviera los mismos resquemores y prevenciones con el TPP11 (que por estos días prosigue su tramitación en la Comisión de Legislación, Constitución y Justicia del Senado) tratado internacional _TPP11_ que efectivamente somete al Estado Chileno a un sistema de arbitraje internacional, y que ciertamente obliga a Chile a ceder soberanía. Pero hay una gran diferencia entre estos dos tratados: El Acuerdo de Escazú tiene como objetivo proteger el ambiente, por su parte el TPP11 busca proteger los intereses de las grandes corporaciones transnacionales. Y como bien lo saben y padecen los chilenos que habitan diferentes zonas de sacrificio en nuestro país, la protección del medio amiente y los intereses de las corporaciones son excluyentes e incompatibles.
El tratado de Escazú busca “garantizar la implementación plena y efectiva en América Latina y el Caribe de los derechos de acceso a la información ambiental, participación pública en los procesos de toma de decisiones ambientales y en el acceso a la justicia en asuntos ambientales, así como la creación y el fortalecimiento de las capacidades y la cooperación, contribuyendo a la protección del derecho de cada persona, de las generaciones presentes y futuras, a vivir en un medio ambiente sano y al desarrollo sostenible.” Art. 1. Acuerdo de Escazú.
Una de las excusas del Presidente Sebastián Piñera para no firmar el Acuerdo de Escazú, es que en Chile ya existe una institucionalidad “robusta” en materia ambiental, no siendo necesaria entonces, la protección extra de un tratado internacional. Pero cuando pese a la cantidad de instituciones ambientales que existen en un país, estas no son suficientes para proteger y fiscalizar los derechos ambientales de las personas y de los pueblos, es preferible ceder soberanía sobre instancias internacionales que mantendrán un estándar de protección ambiental sin importar el gobierno de turno dentro del país.
El TPP11 en cambio, no pretende proteger ningún derecho sean estos individuales o colectivos, sino todo lo contrario, pues, pone en riesgo incluso los derechos adquiridos producto de las conquistas sociales de generaciones de trabajadores, ya que en materia de derechos laborales por ejemplo, impone los estándares mínimos establecidos hace décadas por la OIT. Si revisamos en materia de derechos ambientales, en Chile estamos lejos del marco legal necesario para proteger los más mínimos derechos ambientales, prueba de ello, es la alarmante situación en los territorios de Quintero y Puchuncaví, en donde miles de personas resultan intoxicadas al año por las emisiones de las industrias de la zona. Sin embargo el TPP11 en casos como ese, privilegia la inversión de las grandes corporaciones, vulnerando todo tipo de garantías constitucionales de las personas a vivir en un medio ambiente libre de contaminación.
El Presidente Sebastián Piñera en sus declaraciones además demuestra no entender en lo absoluto el rol de los tratados internacionales, intentando deslegitimar las opiniones cuando se refieren a críticas políticas. ¿Acaso la decisión de proteger el medio ambiente versus las corporaciones, no es política? ¿Acaso la decisión de proteger a las/os defensoras/es de la naturaleza (cuestión contenida en el Acuerdo de Escazú) no es política? ¿Acaso no es su cargo uno político, al igual que todas las decisiones que debe tomar el poder ejecutivo? Todos los antecedentes técnicos se leen bajo un prisma político cuando se trata de decisiones de gobierno. En esto, o el Presidente no comprende sus funciones ni el motivo de los tratados internacionales, o pretende que la opinión pública se desinforme con sus declaraciones.
Wallmapu Sin TPP hace un llamado al gobierno, a invertir sus prioridades, dar suma urgencia a la firma del Acuerdo de Escazú, y evaluar en su real profundidad la cesión de soberanía y riesgos de demandas internacionales a que nos somete del TPP11. La ciudadanía ya se pronunció en el plebiscito ciudadano del TPP: no queremos TPP11. Si queremos más protección ambiental. Si queremos firma y ratificación del tratado de Escazú, es hora de que el presidente Piñera demuestre el liderazgo ambiental que se atribuye, con hechos concretos como la firma del tratado de Escazú.
Temuco, 25 de septiembre de 2019.
Contactos:
- Alejandra Parra 982 874 234
- Patricio Silva +56 9 5749 0807
- Valentina Torres +56 9 7689 3692
[1] https://www.latercera.com/politica/noticia/pinera-se-abre-firmar-acuerdo-escazu-dice-estan-trabajando-observaciones/831528/
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