OFFICE FOR ENVIRONMENTAL REGULATION AND NUCLEAR SAFETY (ORASEN) Ministry of Science , Technology and Environment Cuban experience in the implementation and enforcement of MEAs MSc. Michel Fernández Pérez Legal Adviser ORASEN. Cuban Legal System. Civil or Continental Law
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OFFICE FOR ENVIRONMENTAL REGULATION AND NUCLEAR SAFETY (ORASEN)
Ministry of Science, Technology and Environment
Cuban experience in the implementation and enforcement of MEAs
MSc. Michel Fernández Pérez
Article 27: The State protects the environment and the natural resources of the country. It recognizes their close link with the sustainable economic and social development for making human life more sensible, and for ensuring the survival, welfare, and security of present and future generations. It corresponds to the competent organs to implement this policy.
It is the duty of the citizens to contribute to the protection of the water and the atmosphere, and to the conservation of the soil, flora, fauna, and all the rich potential of nature.
Cuban Constitution does not recognize the right to enjoy a clean and healthy environment as a constitutional right.
Law Number 81, 1997 “Law of the Environment” Framework law (163 articles)
-Establish the legal principles (Rio principles), objectives and basic concepts of Cuba's environmental policy.
- Establish the institutional framework and the tools for their implementation.
- Assign the powers, functions and duties of the state agencies and bodies.
- Regulate the rights and obligations of natural and legal persons.
- Establish the instruments of the environmental policy and management:
The National Environmental Strategy
The right to the clean and healthy environment in Cuba is a right regulated in a law, not in the Constitution.
Law Number 81, 1997 “Law of the Environment” Framework law
- Regulated specifics spheres of environmental protection
- General Attorney of the Republic
- Courts (Economic Section at the Provincials Court)
1. Law Number 81, 1997 “Law of the Environment”
Title Six “Specific areas of environment protection”
Charter 2 “Protection and sustainable use of the biological biodiversity”
Article 87: Mandate the Ministry of Science, Tech. & Environment in coordination with other relevant ministries and organizations to regulate the trade of species protected by international agreements ratified by our country.
2. Decree-Law Number 200,1999 “Environmental Contraventions”
Article 8: Establish an administrative fine between 250 and 5000 Cuban pesos for the natural or legal person that violates the regulations establish for the international trade of species protected by international agreement. The specimenwill be confiscated. (CITES, Article VIII, Measures to Be Taken by the Parties)
3. Resolution Number 87, 1996 adopted by the Ministry of Science, Tech. & Environment “Rules for the accomplishment of the obligations contracted by the Republic of Cuba in CITES”
Article 4, paragraph 4, requires each Party to take appropriate legal, administrative and other measures to implement and enforce the provisions of the Convention, including measures to prevent and punish conduct that is in contravention of the Convention. Furthermore, Article 9, paragraph 5, of the Convention requires Parties to introduce appropriate national/domestic legislation to prevent and punish illegal traffic. By Article 4, paragraph 3, all Parties consider that illegal traffic in hazardous wastes or other wastes is criminal.
1. Law Number 81, 1997 “Law of the Environment”
Title XIII “Other dispositions relates to the protection of health and the quality of life relates with adverse environmental factors”
Charter 4“ Hazardous and radioactive wastes”
Article 153: Importation of hazardous and radioactive wastes requires the prior and express authorization by the Ministry of Science, Tech. & Environment in correspondence with the international recommendations and national regulations and foreseeits application socially justified.
Article 154: The illegal traffic of hazardous wastes will be punished according to the Cuban law.
Article 155: Mandate the Ministry of Science, Tech. & Environment in coordination with other relevant ministries and organizations to regulate the management of the hazardous and radioactive wastes.
2. Resolution 136/2009 adopted by the Ministry of Science, Tech. & Environment “Rules for the integrated management of hazardous wastes”.
Drafted following the Model of NationalLegislation, Adopted by the COP (decision II/5, 1994).