LIABILITY, JUSTICE AND COMPENSATION FOR ENVIRONMENTAL CRIMES AND RIGHTS INFRINGEMENT

Contextualization

The session discussed how to address water issues when conflict or environmental crime occurs. Conflict and war generate or aggravate ecological problems, scarcity and water-borne diseases. Water is a fundamental human right and the violation of people’s rights to access quality and quantity water needs to be countered. Thus, strong international cooperation is needed to oblige countries in conflict to ensure access to water and prevent environmental disasters. There is a lack of effectiveness of existing legal instruments and the need to develop and build other instruments to address the current environmental crisis, in addition to promoting policies and projects that respect the environment, do not alienate the land and can protect the good health of people, the water and the homes.

Recommendations

The session recommended recognizing the flaws in water management and the need to build, develop and implement public, participatory and inclusive policies where all communities are heard. People should be granted access to an international criminal court even in a subsidiary manner when their state is unable to guarantee environmental protection and preservation. Institutions must also be held responsible for pollution or aggression to water in an objective manner based on the principle of risk control – no risks being admitted. The intrinsic value of water, its integrity and ancestral and spiritual cultural value must be recognized, ensuring respect for indigenous peoples, quilombolas, fishermen, riparians and shellfish collectors, to the Maoris (native people of New Zealand), who often have their rights and needs set aside in the interests of big business and the government. For these populations, all forms of life must be respected as sacred, because the river and the people are intrinsically linked.

Conclusions

It is concluded that ancestral communities need and are guaranteed to participate in decision-making processes, since in most decision-making processes around the world these populations are excluded and often directly affected. It is important to promote and encourage non-alienating projects and protectors of the good health of the people, waters and the place where they live. Consider surface water and groundwater in an integrated manner. Finally, the right to water is understood as the right for the water.