Monday , August 8 2022

The surprise of the High Government for the decision on glyphosate


Surprise for the High Government was the decision of the Constitutional Court on the blemish question on glyphosate, because the organizations that tackle the eradication of cultures, expect an adverse failure, should not reuse the herbicide to end the hectares seeded by cocoa leaf and marianauano .

However, everything began to change from Wednesday, when the first session of the plenary session of the court took place. The discussion spread throughout the day and the opinions were divided among the eight judges who make up that body. With this link, to call it somehow, although there was no vote, the session began on Thursday.

The press conference, in which the decision was communicated, began at 3:40 pm, but there were some doubts in the end of the reading of Judge Diana Fajardo, president of the company. But in summary, what the highest court has indicated is that the National Council of Narcotics has in its hands the power to resume to emerge with this chemical.

The decision was well received in the government of Iván Duko and the first reaction was the Minister of Justice Margarita Hair, who, by the way, chaired the meetings of the National Narcotics Council. This body was the one who in 2015 made the decision to suspend the air spray after the Sanministery's recommendation, which indicated that the classification of this herbicide was "likely to be cancerous for humans".

The most recent session of the Council was May 22, the new date in which Hair will present "the proposed protocol, so that compliance with the Judgment and the Order, air spraying can be used as a tool, more in the fight against illegal crops. "

The head of the ministry indicated that the drafting of a decree will be considered to determine where it can be sprinkled, as it will be done and how risks will be minimized. For Hair, it is clear that this tool will not be applied to natural parks, where there are aquatic sources or in populations.

"But in those places without having these budgets or those of the Court within their implementation. We understand that there are about 40,000 or 50 hectares in spaces not affected by the budgets in the phrase," said Hair.

These extensions mentioned by the head of the Ministry are open spaces, in which there are no communities, and the deterioration of the environment would be minimal. Therefore, the task of the authorities is to prevent the creation of human settlements in those areas that prevent fumigation.

He also revealed that the government had studies on the subject and that they analyzed them so that they could remain according to the guidelines imposed by the Constitutional Court.

What is eradicated?

The most recent figures of the Defense Ministry indicate that, between January 1 and July 4, the 100 mobile eradication groups destroyed 38,440 hectares without including the National Plan for the substitution of illegal crops. The target for this year is to end up to 80,000 hectares, an objective they are aiming to achieve before the end of 2019 if the smoking is approved.

But to use this tool, further steps must be taken in accordance with the statement by the former president of the State Council, Gustavo Gómez Aranguren, who states that "the decision of the Constitutional Court on this is to point out that glifosate should be used in the framework . It is precise where minimums are guaranteed, according to the current rules. "

One of the points in which the Government felt that the most victorious were in the condition number 6, which imposed the T 236 of 2017. This paragraph warned that the resumption of smoking with the herbicide would expose "an objective and decisive proof that it shows absence of damage to health and environment. "

This was interpreted as null damage, which was equivalent to the fact that the chemical should be controlled not to affect the health of humans, animals or even legal crops. The laboratory, which produces and markets, emphasizes that glifosate prevents an enzyme that is essential for the growth of plants and that it is not present in humans or animals.

But the Court has restored this section and it is now necessary to prove that there are minimum conditions to spray the chemical against illegal crops, which according to official data would be about 208,000 hectares of cocaine in the country's fields.

For the experts, a new emergence could open a gap in the State's claims that if they were opposed, they would generate millions of compensation not only in national but international justice, just as it happened recently in San Francisco, the United States, where the jury of that city was established. that the herbicide was an "important factor" for a man named Edwin Hardeman to have cancer.

"Obviously, as damages are caused to humans or their possessions, there is a clause that is the compensation and if damages are present we must cover the damages (…) here we have a crossroads because in the field of drug business we carry the cross, "adds Aranguren.

What's going on

Professor Oscar Palma, from the Faculty of Political Science, Government and International Relations of the University of the Rosario, apart from the modulation in relation to the deterioration caused, the Court's decision remains intact.

Consulted by COLPRESS, he says that "what the Court is trying to do is explain the points of the previous decision. The power to make the decision to smoke or is not yet the National Council of Narcotic Drugs. The conditions that the judicial punishment in the court 2017 decision still exists. "

Therefore, for some, as the chancellor Carlos Holmes Trujillo, the eradication of cultures with the use of glyphosate is always a closer option after the decision of the Constitutional Court. This was declared before the United Nations Security Council (UN) on Friday afternoon, but went further and encouraged to point out some of the tools that would be used to terminate traffic drug.

The head of foreign relations said that "the action of the government aims to have as many tools as possible for the fight against drugs: obligatory extermination, voluntary deterioration, agreement with communities, smoking at low altitudes, an opportunity at these moments are open as a result of the decision that the Constitutional Court has taken ".

Trujillo, however, forgets that the low altitude sprinkler is a measure that these days are not in the directory of those who use these tools, as it would pose a risk to the personnel if the airplane will be checked. or loss of the ship if it is drone.

The reason is very simple: drops that cause crimes in areas of larger cultivation extension, now have anti-aircraft guns and demolish an airplane that is too easy in these tasks. Loss of human lives, physical and technical resources are, in principle, the arguments why this is not contemplated in the defensive sector.

The proposal specifies that a possible tool for doing so is that a regulation of health control should be carried out regardless of another organization than the National Council of Narcotic Drugs.

Continuous risk

The risk assessment process must be technically based, in the sense that it is fed by the latest scientific research and even invests resources from the air program to carry out new research.

Automatic review of decisions

The Court considers that alerts, in which new risks are discovered, must lead to automatic reviews and decision-making processes, since the adoption of proper healthcare arrangements can not be subjected to the political will of the entities that are part of the system. National Council of Narcotic Drugs.

Scientific research with guarantees of rigor, quality and impartiality

The investigation carried out must have guarantees of impartiality, and the Government must include those guarantees in the legal or regulatory provisions that are adopted to fulfill these conditions.

Complaint procedures

Within the framework of the eradicating program, comprehensive complaints procedures must be established, which allow the residents of the areas affected by illegal crops to submit complaints, not only for damages to licensed crops, but also for all kinds of trials.

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