On October 1, 2022, what many have called the “New Constitution” in Nuevo León was published in the Nuevo León Official Gazette since its entire structure and provisions have been renewed, or we could also say “modernized”.
The thirteen Titles that the previous Constitution had, have become eight robust Titles, placing "green dyes" at least half of them, since we find provisions strengthening the environment and/or sustainability in Titles I, referring to to the General Provisions, Title II, on Human Rights, Title IV of sovereignty, the form of government and the division of powers and Title 6 of the Municipality.
Of course, article 44 corresponding to Title II of Human Rights, is the most important in environmental matters, but it is worth the effort to review the other articles committed to this issue due to the importance that any reform or addition to a Constitution deserves.
But before starting with the mention of these articles, let's remember that according to the LGEEPA in its art. 3 section XI Sustainable Development is "the process that can be evaluated through criteria and indicators of an environmental, economic and social nature that tends to improve the quality of life and productivity of people, which is based on appropriate measures to preserve the ecological balance, protect the environment and use of natural resources, so that the satisfaction of the needs of future generations is not compromised." From here, I would like to analyze what the Nuevo León Constitution refers to in its provisions.
Here are the items I'm referring to:
In the First Title, on General Provisions, article 2 third paragraph textually says:
“For the construction of a sustainable future, the State will promote the knowledge society, public entrepreneurship, comprehensive education, scientific research, technological innovation and the dissemination of knowledge; as well as promotion of the family and the characteristic values of the population of the State, such as work, innovation, discipline, effort, solidarity and resilience.”
In addition, article 3, first paragraph states: "This Constitution will have the purpose of safeguarding at all times the dignity and freedom of people, harmonizing the individual and social aspects of human life, which promote sustainable human development."
This then supposes that this construction of the sustainable future should be established through an evaluable process, as mentioned by the very definition of the concept of sustainability. We hope then, the development or strengthening of the necessary evaluation tools in all governmental spheres of Nuevo León that will affect the construction of this goal.
Title II on Human Rights, as mentioned in the previous Constitution, contemplates the right to a healthy environment. We found this right in the drafting of the Constitution before this reform, in article 3, second paragraph, where it established that "All inhabitants have the right to enjoy a healthy environment for the development of the person, as well as the duty to keep it." The State Powers, in coordination with the citizens, will ensure the conservation of natural resources, as well as their sustainable use; to protect and improve the quality of life, as well as defend and restore the environment, in solidarity in the achievement of these higher order objectives.
However, Title II of this "new Constitution" shows a renewed commitment to the environment, which we find in the following articles:
In its first chapter "Of human rights and its guarantees" in article 14 sixth paragraph we find the clear mention of the right of Congress to legislate "promoting the right to sustainable human development and a healthy environment." Its obligation is specified in the
Prevention of the "best use of land, protection of the environment, the atmosphere and water, taking care of its conservation and establishing adequate provisions, uses, territorial reserves and guiding the destination of land, water and forests under state jurisdiction in order to guarantee the population a better urban development, without compromising the potential of future generations, imposing on private property the modalities dictated by the public interest.”
And it goes further in the ninth paragraph of this same article, preventing the right to restrict the use of private property if necessary in order to "guarantee the population a better sustainable urban development and protect the ecological and our mountains”, specifying in the same foundation the circumstances and modalities in which this case can occur.
Article 19, third paragraph, maintains the development of technological tools as a priority, punctually pointing to renewable energies and the environment, among others.
For its part, Chapter II, the most relevant on this subject, refers to Economic, Social, Cultural, Environmental Rights and Attention to Groups in Vulnerable Situations, and in said chapter we see 6 articles concerning the environmental issue: the articles 30, 33, 44, 45, 48 and 40, article 44 being the most important.
Article 30, second paragraph, which tells us that state economic policy should be sustainable, 33 fifth paragraph, talking about education and its obligation to "strengthen appreciation and respect for nature, emphasizing ecological, intercultural learning and interdisciplinary”, as well as in its eighth paragraph that tells us that the use of digital media must be respectful, among other things, of environmental sustainability.
But it is in article 44, in which we must focus since it is the one that maintains the right to a healthy environment as a human right and from which we can conclude that it requires as higher order objectives:
· The right to a healthy environment for the development and well-being of all,
The duty to preserve this healthy environment,
· The obligation of the state to adopt the necessary measures, not only for its protection but also for its preservation and for the restoration of the ecological balance,
· The care owed by the powers of the State, to the conservation of natural resources and their sustainable use,
The defense and restoration of the environment,
· The guarantee by the State of the right to the preservation and protection of nature together with citizen participation,
· The implementation of public policies for ecological management and waste processing,
· The welfare and dignified treatment of animals, respecting provisions and customs of the State, cultural traditions and regional heritage,
The right to clean air,
· The creation of the State Agency for Air Quality as a decentralized public body.
Article 45 as well as article 125 section XXVI is interesting, since it introduces the term clean energy, in addition to renewable energy that was already included in article 23 of the old Constitution, since it is not the same type of energy.
Both the current article 49 and the past article 11, tell us about the incentives that must be developed to have a transport with low polluting emissions and a culture of sustainable mobility.
In Title IV "On sovereignty, form of government and division of powers" Chapter V On the Executive Power, Section III On the powers and obligations of the executive, we have article 125 that mentions what corresponds to the Executive Power and in the subject at hand, we find 3 fractions to take into account:
a) I. Protect the safety of people and their property, as well as the Human Rights of people, in order to maintain peace, tranquility and public order throughout the State.”
In this case, when referring to Human Rights, we must understand that environmental care is included since it is considered, as mentioned above, as a human right in this Constitution, complying with our Federal Constitution which states this human right in its article 4.
b) XIII. Visit within the period of his Government, all the towns of the State, to know their needs, promote their improvements and the solution of their problems. Foster the culture and regionalism of the State and promote actions for the care and sustainable use of its natural resources, especially water.
c) XXVI. Promote the use of clean and renewable energy in the entity.
Finally, Title VI, On the Municipality Chapter I On the Municipal Government, states that, in the planning of their Municipal Development Plan, they must, among other things: "ensure sustainable development" which we did not find in the previous Constitution in this way and so clearly. Furthermore, in Chapter III of this same Title, on municipalities, it establishes in article 184 that "when participating in metropolitan organizations they must do so with the aim of improving the conditions of sustainability, among others, seeking a metropolitan vision, with which The State strengthens the inclusion and co-responsibility of the Municipalities on the issue of sustainability and the environment for the benefit of its population.
We observe in a very positive way, that this new Constitution has listened its society claims in regards of strengthening and raising the importance of caring for the environment of this great mexican state, and we hope it will be the impulse that is required to make all this a reality. Honoring the Monterrey culture, we expect a great job from its authorities, as well as from the entire community to reach the goal of having a sustainably strengthened state.
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