Original article: Organización ambiental desmiente con cifras al Gobierno: “La protección ambiental no es un obstáculo para el desarrollo” FIMA Raises Alarm: «National Reconstruction» Law Undermines Environmental Justice and Supports Controversial Projects The NGO FIMA has raised concerns regarding the «National Reconstruction» legislative project, backed by the government as a means to expedite investments and revive the economy. Through a series of Instagram posts, the organization claims that the bill “includes some of the most regressive environmental reforms of recent years,” citing a weakening of access to environmental justice, citizen participation, and independent technical oversight.
FIMA argues that the legislation “is based on the notion that investment projects are stalled due to excessive rejections and litigation.” However, the organization questions this diagnosis, asserting that the data presents a different reality. In their statements, they pointed out that “only 5% of projects submitted to the SEIA are rejected” and that “between 2014 and 2023, only 5.5% of approved projects faced legal challenges.” They posed the question: “Is the issue truly the judicialization?” A primary concern revolves around the undermining of the right to access environmental justice.
FIMA explained that mechanisms currently exist for contesting environmental permits, such as administrative invalidation and citizen observations, which allow for objections in cases of irregularities or deficiencies during evaluation. However, they have denounced that “the proposed law seeks to eliminate this avenue,” thereby reducing opportunities to challenge improperly approved projects.
“This means it will be significantly harder to oppose projects that have been approved with errors, flaws, or illegal actions,” they asserted. The organization also criticized the reduction in timeframes for contesting environmental permits.
They noted that currently, there is a period of up to two years to challenge sectoral permits, while the initiative would cut this to just six months. “Many permits have limited public dissemination, and those directly impacted often become aware of their approval too late,” warned FIMA, adding that this change “impedes citizen oversight,” “increases barriers to filing complaints,” and “reduces access to environmental justice.” Also alarming is the limitation placed on precautionary measures in environmental courts.