World Environment Day, celebrated on June 5th of each year, represents a crucial opportunity to reflect on the local and global environmental situation, to redouble efforts in the protection and improvement of the natural environment. From our perspective in Honduras, this day is not only a reminder of the importance of preserving our planet, but also a call to action for businesses and the legal sector in the fight against climate change.
Likewise, in the past month of May 2024, the annual commemoration of the international day of biological diversity and the national tree day of Honduras was held. It is understood that the perception of the problem is real and latent, however, it is necessary to increase actions towards effective resolutions.
Impact of Climate Change in Honduras
Honduras, like many other developing countries, faces severe challenges due to climate change. Climate variability has increased the frequency and intensity of adverse natural phenomena such as hurricanes, floods and droughts, which have devastating repercussions on the Honduran economy, infrastructure and society. According to the Global Climate Risk Index, Honduras is one of the most vulnerable countries to the effects of climate change, which underscores the urgency of implementing effective measures to mitigate and adapt to these impacts.
Companies in Honduras are not exempt from this reality. The agricultural and energy sectors, pillars of the Honduran economy, are particularly susceptible to climate change. Companies must adapt to existing legal regulations and the need to implement sustainable practices that not only protect the environment, but also ensure the long-term viability of their operations.
Corporate Social Responsibility and Legal Regulations
From a legal perspective, Honduras has a regulatory framework designed to address environmental challenges. The main environmental laws in Honduras are:
- General Environmental Law and its regulations
- General Water Law and its regulations
- General Mining Law
- Forestry Law, Protected Areas and Wildlife
- Health Code
- Environmental Health Code
- General Regulation on the Use of Ozone Depleting Substances.
- Climate Change Law
- Regulation for the Control of Emissions Generated by Fixed Sources
- Penal Code
- And the International Treaties on environmental matters of which Honduras is a part.
This list is considered as an example, but not exhaustive, as there is a wide range of regulations dealing with the subject.
Likewise, without leaving aside the whole series of special laws, regulations, local, national and international technical standards, conventions and declarations that deal with the environment. With these, the bases for environmental protection are established, including regulations on the emission of pollutants, the management of natural resources and the promotion of sustainable practices. However, the effective application of these laws remains a challenge, partly due to the lack of resources and institutional capacities on the part of the State, as well as the negligence, omission and lack of will to fully comply on the part of citizens.
The role of a corporate legal counsel and an Environmental Service Provider (ESP) is crucial in this context. Companies must comply with environmental regulations to avoid sanctions and to improve their reputation and competitiveness. Corporate lawyers have the responsibility of advising companies on compliance with these laws, developing internal sustainability policies and promoting business practices that minimize the risk of environmental impact.
Furthermore, the implementation of international standards and Corporate Social Responsibility (CSR) practices can help Honduran companies stay ahead of future regulations and contribute positively to the fight against climate change. For example, the adoption of ISO 14001 standards on environmental management systems can be a significant step towards corporate sustainability.
Conclusion: Legal Regulations and Improvement of Conditions
To improve environmental conditions and meet the challenges of climate change, it is imperative to strengthen the regulatory framework and ensure its effective implementation. This includes not only improving existing laws, but also fostering greater cooperation between the public and private sectors. Corporate lawyers must play an active role in this process, pushing for legal changes and sustainable business practices.
Some recommendations include:
- Institutional Strengthening: Increase the resources and capacities of the institutions responsible for environmental monitoring by the Central Government.
- Fiscal and Financial Incentives: Implement incentives for companies that adopt sustainable practices and clean technologies for the benefit of society.
- Transparency and Accountability: Improve environmental monitoring and reporting mechanisms by the Secretariat of State in the Office of Natural Resources and Environment (SERNA), ensuring transparency and accountability.
- Education and Awareness: Promote environmental education and awareness programs at both the corporate and community and school levels.
World Environment Day reminds us of the urgent need for collective and responsible action, from each of our fields of action, starting from the home to our workplaces, both in the business sector and in government. From our perspective as technical and legal advisors, it is essential that the business sector takes the lead in adopting sustainable practices and complying with legal regulations, thus contributing to a more resilient and sustainable future for all.
