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Children in Danger: Argentina’s Insufficient Response at UN Hearings

During the hearings of the UN Committee on the Rights of the Child, held on September 2 and 3, 2024, Argentina participated virtually, which generated criticism of its commitment. Among the main concerns raised were the growing child poverty and the proposal to lower the age of criminal responsibility. The absence of clear responses from the State on issues of institutional violence and the lack of resources for child protection institutions were also questioned.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Context: The Review of Compliance with the Convention on the Rights of the Child

The hearings of the UN Committee on the Rights of the Child are a crucial instance for monitoring the implementation of the Convention on the Rights of the Child (CRC), which all States Parties must comply with. Every five years, countries submit a report on the situation of the rights of children and adolescents (NNA), and their progress in the protection of these rights. This process includes not only the official report of the State, but also the “shadow reports” of civil society organizations and documents from independent experts, which offer a critical and detailed view of the reality in each country.

During the recent sessions held on September 2 and 3 in Geneva, Switzerland, Argentina participated virtually, which generated concern and questions regarding its commitment to this international body.

Key findings from Argentina’s participation

  • Virtual participation: a worrying sign

The absence of Argentine representatives in Geneva and the virtual participation of the State was one of the most criticized points during the sessions. This fact is not only symbolically negative, but also limits the quality of dialogue and interaction between the Committee and state representatives. The lack of presence was repeatedly regretted by members of the Committee, pointing out that Argentina had historically been a country committed to being present at these instances.

  • Child Poverty: An Ignored National Emergency

During the hearings, it became clear that several key aspects of the protection of children’s rights have suffered significant setbacks. Among the most alarming, the high rate of child poverty stands out as a central issue.

Hynd Ayoubi Idrissi, an expert of the Committee and coordinator of the Working Group for Argentina, was one of the main voices to point out that “more than seven million children live in poverty”. In a similar intervention, Luis Pedernera cited data from UNICEF, stating that 7 out of 10 children in Argentina live in poverty. He also criticized the response of the Argentine State regarding the increase in the budget allocated to children, pointing out that this increase was absorbed by inflation.

According to a report by ACIJ (Civil Association for Equality and Justice), it is highlighted that in the first six months of 2024, more than 1.5 million children became poor and almost 1.9 million became destitute. The main budget cuts have affected key areas such as Food Policies, with a 29% reduction, and 20% less in the Food Benefit, leaving the 48% increase in the AUH insufficient. In Education, the budget has fallen by 43.7%, impacting quality and coverage. In Health, the Life Course Approach program, vital for children, suffered a 50% cut compared to 2023 and is 12 times smaller than in 2021. Progresar Scholarships, construction of kindergartens and school infrastructure were also cut, with some programs eliminated or severely reduced.

According to the National Constitution and Law 26.061, the Argentine State has the duty to ensure sufficient resources to guarantee the rights of children and adolescents. This includes social protection, health and education, with the obligation not to reduce investment compared to previous years. The current economic crisis requires urgent action to increase funding and ensure decent conditions for the comprehensive development of minors. Law 26.061 requires the allocation of resources in a privileged manner (art. 5) for children and adolescents and establishes that “the budgetary provision may in no case be less than the highest provision or execution of previous years” (art. 72).

  • Criticism of the proposed law to lower the age of criminal responsibility

A point of great controversy was the bill that seeks to lower the age of criminal responsibility, in direct opposition to the Committee’s previous recommendations in 2018. The insistence on this proposal seems to respond more to a punitive approach than to preventive measures or those that seek to protect and accompany children and adolescents in conflict with the criminal law, which generates significant concern about the future of adolescent rights in Argentina.

Furthermore, the measures proposed by the State seem to be aimed at penalizing poverty. In our region, juvenile delinquency is closely related to the unequal distribution of wealth and its impact on the labor market. There are many cases where young people in vulnerable situations find themselves in a situation of delinquency due to the lack of alternatives and opportunities that help them escape this situation. It is essential to implement policies that accompany, listen to, and protect adolescents; filling detention centers or residences is not the solution, since they often face conditions of vulnerability similar to those experienced on the streets.

The Argentine State has a debt to these young people. What is being done for those who are not receiving preventive measures? What can be done to protect and accompany them? Do the children and adolescents have someone who listens to them and understands their needs?

  • State’s inability to respond to key issues

Several critical issues remained unanswered by the Argentine delegation. These included institutional violence against children and adolescents and the reduction in child vaccination coverage. In addition, the Committee questioned the lack of guarantees regarding the continuity of key institutions such as the Office of the Ombudsman for Children and the reduction of other entities essential for child protection.

In its conclusions, the UN Committee expressed its “serious concern about the institutional and political changes proposed from the end of 2023, and the impact they may have on the protection of children’s rights, including: the reduction, merger and elimination of ministries, and the replacement of the National Secretariat for Children, Adolescents and Family (Senaf) by a new, lower-ranking undersecretariat”, questioning whether this new entity will have the necessary and sufficient resources to fulfill its function.

On issues of institutional violence and discrimination, especially towards migrant children, the State has failed to offer satisfactory responses. This silence is particularly alarming considering the stereotypical discriminatory perceptions fostered by some media outlets, which perpetuate the marginalization of these communities.

  • Underfunding of the ENIA Plan

Finally, the lack of funding for the National Plan for the Prevention of Unintentional Pregnancy in Adolescence (ENIA) was another issue of great concern. This plan had achieved a notable decrease in teenage pregnancies in the most affected provinces of the country. Its closure not only represents a setback in the health and sexual and reproductive rights of adolescents, but also exposes this vulnerable population to greater risks in an already adverse context.

Current situation of Argentina before the UN and next steps

Following these hearings, Argentina’s situation before the UN is worrying. The lack of in-person presence, combined with the setbacks seen in critical areas such as child poverty, institutional violence and the lack of protection of children’s rights, places the country in a vulnerable position vis-à-vis international organizations.

The Committee on the Rights of the Child will continue to closely monitor the situation in Argentina, and the State is expected to respond to the observations and recommendations with concrete and effective actions. The role of organizations such as Fundeps will continue to be crucial in ensuring that the rights of children and adolescents are not relegated from the public agenda.

 

Author

Melina Terreno

Legal Department Contact

María Luz Baretta, luzbaretta@fundeps.org

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A decree cannot limit access to public information

The undersigned organizations express our concern about Decree 780/24 with which the National Executive Branch attempts to restrict the right of Access to Public Information.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

A regulatory Decree cannot limit the right of access to public information in contradiction with the scope of the Access to Information Law itself, voted by the National Congress in 2016.

The exceptions established by Law 27,275, which allow the State to refuse to provide the requested information, are far from what is regulated by the National Executive Branch. The aforementioned Decree expands the information that is outside the public interest, expands secrecy and provides discretion by leaving in the hands of public officials the definition of what is a public document and what information can be considered part of the private sphere of the authorities, giving them special protection.

Decree 780/24 represents a serious regression in the interpretation of the right of access to information in light of international standards on human rights and the fight against corruption, and creates a discretionary regulatory framework whereby the political definitions of the government and the subjective decisions of officials take precedence over the right to access information in the hands of the State.

We request the National Executive Branch to repeal this Decree and guarantee full access to public information.

 

Acción Colectiva – ACIJ – Alianza Regional por la Libre Expresión e Información – Amnistía Internacional- Andhes – Anima Chicos – ARPIAS (Salta)  – Asuntos del Sur – CADE – CAIP – Campaña por el Aborto (Salta) – CAREF – Carrera Comunicación (UBA)  –  CECIM (La Plata) – CEG (La Plata) – CELS – CEPPAS – CIDC – CIPCE – CIPPEC –  Clínica Jurídica de Acceso a la Información (UNLP) – Comunicación para la Igualdad – Conciencia – Consciente Colectivo – Democracia en Red – DEMOS – Directorio Legislativo – ELA – Escuela de Fiscales – FADECCOS – FARN – FATPREN – FEC – Festival Cine a la Vista – FIC – FOCIS (Salta) – FOPEA – F. para el Desarrollo Humano Integral – FUNDAR – FUNDEPS – Gestión Nativa –  Hora de Obrar – Huésped – ILSED – Incidencia Feminista –  INECIP – Khuyay – La Casa del Encuentro – La Fuerza de las Mujeres – Minka Digital – Mujeres en Igualdad – Mujeres por la Igualdad de Oportunidades – Mundosur – Nuestra Mendoza – Obs. de Just. Sanitaria y Climática Latam. – Patagonias.org – Periodistas Argentinas – Poder Ciudadano – RAAC – Red Ciudadana Nuestra Córdoba – REDCOM  – Red Par – Red Ruido – RIPVGAR – Salta Transparente – SES –  Sipreba – Unión Inquilinxs (Salta) – Vía Libre – Xumek

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Civil society organizations and academics reject before the Senate the candidacy of Lijo and García-Mansilla to the CSJN

Gides (Social Rights Research Group), Fundeps (Foundation for the Development of Sustainable Policies), El Telar and Católicas por el Derecho a Decidir Argentina we appear before the Chamber of Senators of the Nation to explain the reasons why we consider that The candidates to fill the vacancies in the Supreme Court of Justice of the Nation, Ariel Lijo and Manuel García-Mansilla, do not meet the conditions required to integrate the highest body of justice in our country.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

As academic and civil society organizations with a long history in the field of human rights, we understand that the Supreme Court of Justice of the Nation, as the main guarantor of the National Constitution and the Rule of Law, can only be made up of people whose experience reflects strong suitability and independence, as well as a firm commitment to constitutional principles and human rights.

Ariel Lijo faces serious accusations in the Judicial Council, including negligence in the investigation of corruption cases, unjustified delays in legal processes and accusations of illicit enrichment, in addition to criminal charges for illicit association, money laundering, bribery and influence peddling. . Furthermore, he lacks professional or academic merits to support his candidacy.

For his part, Manuel García-Mansilla holds an ideological position that could affect the defense of human rights and the international commitments assumed by our country. During his career, he has questioned the hierarchy of international human rights treaties signed and ratified by Argentina. She has also expressed her opposition to the right to abortion, even in cases where the pregnancy is the result of rape. Its incorporation into the highest body of justice of the Nation implies a serious risk for the guarantee of the rights of women and pregnant people.

Likewise, we express our deepest concern about the flagrant lack of representation of various sectors of society in the potential composition of the Supreme Court. The inclusion of new members should reflect gender diversity and thematic and regional specialization, to ensure adequate representation of a federal country like ours. It is necessary to emphasize that gender diversity in public positions and decision-making bodies is a legally binding requirement derived from our constitution and international treaties.

Furthermore, on this occasion some organizations sent questions and concerns for the candidates to answer publicly, as enabled by the procedure of the Upper House.

The questions presented to García Mansilla include: How do you justify your candidacy to the Supreme Court in a context where equal gender representation is required and your appointment would perpetuate the underrepresentation of women on the court? What concrete actions have you taken to advance women’s rights and diversities in your career? While the questions asked to Lijo were: How can her candidacy contribute to equitable gender representation in the Supreme Court of Justice of the Nation? How do you guarantee transparency and ethics in your judicial decisions?

In these contexts, we believe it is essential that the Senate consult the candidates along the lines expressed here, as well as investigate in detail the crucial points that we have noted in our challenges.

We demand that the Senators rise to the occasion, and NOT agree to the approval of these candidacies in defense of Human Rights and the highest values ​​of justice.

Ícono de validado por la comunidad
Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Concern about the situation of people detained in the demonstration against the Bases Law

We express our deep concern about the situation of the people detained during the demonstration against the bill known as the Bases Law. Protesting is a right and it is essential that international norms and standards are respected. From Fundeps, we appear before the Federal Justice requesting the immediate release of these people.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On June 12, within the framework of the treatment of the draft “Law of Bases and Starting Points for the Freedom of Argentines” in the National Congress, a demonstration took place that ended in arbitrary arrests after the repression of the security forces.

The operation carried out by the Federal Police, Gendarmerie and Naval Prefecture advanced on the people using gas, fire hydrant trucks and rubber bullets. This action received congratulations from the Office of the President who described those who demonstrated as “terrorists,” accusing them of attempting a “coup d’état.”

The criminalization of social protest is a serious violation of human rights. Freedom of expression and the right to peaceful assembly are protected by national laws, our National Constitution and international human rights treaties to which our country is a party.

For all this, we appear before the Federal Justice requesting the immediate release of the detained people, who are in that situation for acts that do not constitute any crime. Furthermore, without clarity of their conditions, reasons for detention and in violation of their rights in the processes initiated.

Democracy is strengthened by guaranteeing the right to demonstrate and to be able to express ideas freely, without fear of repression and criminalization. Under no point of view can a social claim be assimilated with a coup d’état.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

 

*Image source: FARCO Agency

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Serious setback in access to justice: they order the closure of 81 care centers throughout the country

Yesterday, June 10, a resolution from the Ministry of Justice was published in the Official Gazette ordering the dissolution of 81 Access to Justice Centers. In this way, there will be only one Center per province and remote care will be privileged, which dismantles a primary legal care system linked to decentralizing and breaking down the geographical barriers that the most vulnerable people face when accessing justice. Civil society organizations and different people and institutions committed to access to justice agree on the loss that the reduction of this service means.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

For 15 years, the Access to Justice Centers (CAJ) have been extended as a federal policy throughout the country that brings answers to all citizens, but particularly to the most vulnerable groups in society. The focus is precisely on popular neighborhoods and/or rural areas, places that historically have had greater barriers to accessing their rights. CAJs are devices that provide primary legal care: it is about providing services that specifically address the daily legal needs of vulnerable communities: access to personal documentation, advice on family or work issues, assistance to crime victims, among others. issues. It is the first line of care, located in the territories, that allows removing historical barriers linked to the distance between those most vulnerable people and the state responses they require.

The traditional institutions of the justice sector do not deal – or arrive very late, in a fragmented manner and through long, rigid, winding, expensive and generally ineffective paths – to provide answers to many of the problems that communities face. Faced with this, having decentralized centers, with a territorial approach, that can fully accompany people in resolving the needs they experience is essential.

According to data from the Ministry’s own website, from 2016 to 2022, the Access to Justice Centers attended more than 1,300,000 queries.

What is the current situation of the CAJs?

According to official information from the Ministry of Justice provided in response to a request for access to information made by the Civil Association for Equality and Justice (ACIJ), six Centers had been closed so far this year (going from 109 to 103 ). However, today, a resolution from the Ministry of Justice was published in the Official Gazette that resolves that there will be only one Center per province and remote care will be privileged, which violates a first principle of primary legal care linked to decentralize and break down the geographical barriers that people face. At the same time, it does not take into account the need for support that the most vulnerable people face or the technological barriers.

The cost of Access to Justice

Simultaneously with the announcement of the Official Gazette, the Executive Branch issued a statement that ignores, on the one hand, the most basic premises of access to justice and, on the other, some obvious facts such as that in Argentina there has been no Ombudsman for a long time. 15 years or that the Crime Victim Assistance Centers (CENAVID) operate precisely in the CAJ or remotely through telephone service.

In the same statement, reference is made to the cost that this policy has for the country. The first thing to say is that it is not possible to verify the figure of 8 billion pesos that the Ministry of Justice mentions regarding the cost of maintaining the CAJs. However, it is necessary to highlight that, if that were the correct number, it would correspond to only 0.01% of public spending. In comparative terms, it is equivalent, for example, to 8% of the tax benefits granted to the Mercado Libre company in 2023 or 0.18% of what Argentina has paid in external debt services so far.

At the same time, it is important to highlight that the use of the law by people in situations of greater vulnerability and early attention and resolution
of legal consultations and conflicts result in better economic results in general, avoiding the loss of resources and the aggravation and escalation of the problems they face. Investment in Access to Justice ends up reducing State expenses. Currently, international organizations such as the OECD encourage the implementation of this type of device, in part, with arguments of this type.

Concern about the current situation is transversal. Civil society organizations and different people and institutions committed to access to justice agree on the loss that the reduction of this service means. In the current situation of socioeconomic crisis, these territorial and people-centered policies are a fundamental instrument for effective access to justice.

FIRMS

  • ACIJ – Asociación Civil por la Igualdad y la Justicia
  • ELA – Equipo Latinoamericano de Justicia y Género
  • INECIP – Instituto de Estudios Comparados en Ciencias Penales y Sociales
  • CELS – Centro de Estudios Legales y Sociales
  • Fundeps
  • Capibara
  • Xumek
  • RAAC – Red Argentina de Abogacía Comunitaria
  • Curas Villeros
  • Andhes – Abogados y Abogadas del Noroeste Argentino en derechos humanos y
    estudios sociales.
  • Observatorio de justicia sanitaria y climática

About access to justice

Access to justice is an internationally recognized human right and is also considered instrumental, that is, it allows access to others rights. It includes guaranteeing the effectiveness of the rights of all people, which includes not only being able to access judicial actions but not finding non-judicial, administrative and alternative responses to conflicts that affect people’s daily lives.

Contact
Mayca Balaguer, maycabalaguer@fundeps.org
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Various sectors of Córdoba met to talk about the rollback of rights

This Friday, May 24, the meeting “Córdoba has impact: Conversation for disputed rights” took place with the participation of more than 100 people at the Museum of Anthropologies. It was organized by Fundeps, with the participation of more than 30 spaces.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

For three hours, reflections were developed around:

  • how the reduction in public spending affects university education, the scientific-technological system, the popular sectors and the media;
  • the consequences of the pension and labor reform proposal, focusing on private home workers; and the unconstitutionality of DNU 70/23.
  • the regulatory regressions in relation to the exploitation of natural resources, how communities experience these deregulations and the environmental impact of the Large Investment Regime (RIGI).

The discussion brought together representatives from various fields, including academia, social organizations, communities, media and unions.

An event with diverse voices and perspectives that help us understand some of the challenges we face and how to build collective strategies against the regression of rights.

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WE SAY AGAIN: NO TO THE BASE LAW

On Thursday, April 25, the plenary session of the Budget and Finance, General Legislation and Constitutional Affairs Committees of the Chamber of Deputies reached the opinion on the new law of Bases and starting points for the freedom of Argentines (former omnibus law) . Today, Monday, the law will be discussed in the chamber, together with the so-called “Fiscal Package”, the law on Palliative and Relevant Fiscal Measures, which introduces modifications to the tax regime. From Fundeps, we once again say #NoALaLeydeBases, because:

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

  • Its treatment and approval in Commissions was in accelerated times. And the debate process was not open or participatory. In this way, a broad and specific discussion of each of the topics addressed was not allowed.
  • It allows institutions such as CONICET, the National Securities Commission, the Financial Information Unit, ANMAT, INTA, INCUCAI, INCAA, Enacom, CONEAU, among others, to be intervened, split, partially dissolved or lose functions and powers. other decentralized or centralized organizations.
  • Depending on these powers, and by not being explicitly excluded from the list, it could affect the operation of the National Genetic Data Bank (BNDG), which allows the identification of the grandsons and granddaughters that the Grandmothers of Plaza de Mayo have been looking for since the dictatorship. ; and the National Administration of National Parks (ANP), putting our protected areas at risk.
  • It introduces modifications to the pension regime, which in a context of extensive labor informality, means that 9 out of 10 women will not be able to retire at age 60 and will have to wait until age 65 to access a Universal Benefit for the Elderly (PUAM), and that 7 out of 10 men will also not be able to retire at age 65, having to opt for a non-contributory pension or a proportional retirement.
  • The fiscal package introduces the elimination of the Social Monotribute, which was a category designed to promote the formalization of lower-income sectors. This measure could affect more than 600,000 workers.
  • The labor reform, in line with the chapter of DNU 70/2023 that was judicialized, implies an enormous reduction in rights, since it encourages unregistered work by eliminating fines and compensation, extending the trial period, among other measures.We insist that this project, even with the modifications that were made from February to today, must have greater public debate and cannot be approved. It affects the rights of workers, deepens gender inequalities, attacks the protection of nature, puts the science and technology system at risk; and subjects several public companies to privatization processes, which are strategic for the development of our country and the defense of sovereignty. 

     

    Contact

    Mayca Balaguer, maycabalaguer@fundeps.org

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Actions that transform: see our Annuary 2023

We are proud to share the 2023 Yearbook, a review of our work, achievements and lessons learned over the past year.

During 2023 we carried out a variety of actions. From advocacy meetings and court filings, to research, conferences and workshops, communications campaigns and more. Each action reflects our determination to transform society and defend human rights.

In addition, at the end of last year, we experienced a major change in our leadership. Carolina Tamagnini, who has led Fundeps for the past 4 years, stepped down as Executive Director to join the Board of Directors and in her place, Mayca Balaguer took over as the new Director.

This change marks not only a transition in leadership, but also a moment of institutional strengthening and renewal, consolidating a dynamic team capable of responding to emerging demands, growing both institutionally and in impact.

What began as an initiative in 2009, today has become a solid organization involved in the defense of human rights, and in 2024. We celebrate 15 years!

Because we are confident that the best way to carry out our work is in a network and collectively, we thank the organizations, communities and individuals who were part of these initiatives. We celebrate with you our progress and invite you to get to know the Yearbook 2023: the collective memory of our commitment to a more just, equitable, sustainable and democratic society.

 

VIEW ANNUARY 2023

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Opening of sessions: it is urgent that Congress reject DNU 70/2023

Within the framework of the opening of the ordinary sessions of the National Congress, civil society organizations reiterate our request for treatment and rejection of the decree “Bases for the Reconstruction of the Argentine Economy.”

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

At the beginning of the ordinary sessions, we remember that Congress has the duty to reject this decree and all those that in the future exceed the constitutional limits, exercising its role within the system of checks and balances, as well as to guarantee a parliamentary debate of quality that ensures robust citizen participation.

The Executive Branch is prohibited from legislating. Although our National Constitution enables it to issue decrees of necessity and urgency (DNU), it only allows it to do so when there are exceptional circumstances that make it impossible to follow the ordinary procedures provided for the enactment of laws.

Decree 70/2023 does not meet the constitutional requirements for its validity. Sufficient arguments do not emerge from its foundations to account for the circumstances of force majeure that prevent the chambers of Congress from debating each of the reforms included in it, nor is the causal relationship between the identified problems and the measures adequately explained. that are available.

Far from understanding the exceptional nature of the DNU, Decree 70/2023 carries out a massive and systemic legislative reform. Given its magnitude and significance, the regulatory changes included in it can only be discussed by Congress, which is where all political forces are represented, including minority ones.

Additionally, it is the legislative debate that provides opportunities for citizen participation, essential for strengthening the democratic system.

It is precisely to avoid excesses in the use of the power to issue decrees of necessity and urgency that our Constitution designed a subsequent legislative control process through which its validity or invalidity must be determined taking into account their adequacy to the formal and substantial requirements. established by her.

It is essential to highlight that Decree 70/2023 is already in force, projecting itself on substantive aspects of our community life, addressing issues related to health, housing, labor relations, contracts, the economy and finances, among others. These modifications affect the individual and collective rights of millions of people, many of which are already before the courts demanding its suspension and inapplicability for themselves or for the groups they represent.

Today the Legislative Branch is lacking. Therefore, we once again ask you to defend the rule of law and honor the division of powers.

Organizations:

1. Asociación Civil por la Igualdad y la Justicia (ACIJ)
2. Asociación Ecuménica de Cuyo (FEC)
3. ANDHES
4. Campaña Argentina por el Derecho a la Educación (CADE)
5. Coordinadora de Abogadxs de Interés Público (CAIP)
6. Centro de Estudios Legales y Sociales (CELS)
7. Consciente Colectivo
8. Comisión Argentina para Personas Migrantes y Refugiadas (CAREF)
9. Democracia en Red
10. Equipo Latinoamericano de Justicia y Género (ELA)
11. Fundación SES
12. Fundación Protestante Hora de Obrar
13. Fundación Mujeres x Mujeres
14. Fundación Igualdad
15. Fundación Ambiente y Recursos Naturales (FARN)
16. Fundeps
17.Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
18. Jóvenes por el Clima
19.Red argentina de abogacía comunitaria (RAAC)
20.Xumek

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The National Congress must treat DNU 70/2023 urgently and reject it for violating the National Constitution

Civil society organizations write a letter to legislators asking them to focus on the immediate treatment and rejection of the decree “Bases for the Reconstruction of the Argentine Economy.”

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

In accordance with what is established by the National Constitution, the Executive Branch is prohibited from issuing legislative provisions. However, our fundamental rule allows that exceptionally, and in accordance with certain requirements, the tool of decrees of necessity and urgency (DNU) be used.

These types of decrees are admissible only when there are exceptional circumstances that make it impossible to follow the ordinary procedures provided for the sanction of the laws. That is, the DNUs proceed when the situation is of such urgency that it must be resolved immediately, within a period incompatible with that required by the normal parliamentary procedure.

It is evident that the foundations of Decree 70/2023 do not meet the requirements for the issuance of a standard of this nature. There are no sufficient arguments to explain the circumstances of force majeure that prevent the chambers of Congress from meeting, nor is it proven that the solution required is incompatible with the legislative debate. In fact, before the decree came into force, the Executive Branch called extraordinary sessions, and today Congress is in session. Furthermore, the causal relationship between the identified problems and the measures available is not explained.

Far from understanding the nature of the tool, DNU 70/2023 carries out a massive and systemic legislative reform. Given its magnitude and significance, the regulatory changes included in it can only be discussed by Congress, which is where all political forces are represented, including minority ones. Additionally, it is the legislative debate that provides opportunities for citizen participation, essential for strengthening the democratic system. In this sense, it must be remembered that, as our Supreme Court of Justice pointed out, “the National Constitution does not allow a discretionary choice between the sanction of a law or the more rapid imposition of certain material contents by means of a decree”.

On the other hand, it is essential to highlight that Decree 70/2023 is already in force, projecting itself on substantive aspects of our community life, addressing issues related to health, housing, labor relations, contracts, economy and finance, among others. These modifications affect the individual and collective rights of millions of people, many of whom are already before the courts demanding their suspension and inapplicability for themselves or for the groups they represent.

It is precisely to avoid excesses in the use of the power to issue decrees of necessity and urgency that our Constitution designed a subsequent legislative control process through which its validity or invalidity is determined taking into account the adequacy of these to the established formal and substantial requirements. constitutionally for its dictation.

Having expired the deadlines established in Law 26,122 for the opinion of the Permanent Bicameral Commission, Congress has the duty to rule on the decree. For this reason, we ask the legislators of both chambers of the National Congress to dedicate themselves to its express and immediate treatment, and reject it for not satisfying the constitutional requirements.

The silence, the wait, the calculations associated with political gain imply an implicit endorsement of a conduct that ostensibly goes beyond the contours of our fundamental norm. In defense of the Constitution, the system of checks and balances, justice and legal security, Congress is called to ensure that the Executive Branch operates within the limits of the rule of law. The duty to our National Constitution and to citizens must prevail over any other consideration.

 

Organizations:

  • Asociación Civil por la Igualdad y la Justicia (ACIJ)
  • Amnistía Internacional Argentina
  • Equipo Latinoamericano de Justicia y Género
  • Fundeps
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación Ambiente y Recursos Naturales (FARN)
  • Jóvenes por el Clima
  • Hora de Obrar
  • Instituto Latinoamericano de Seguridad y Democracia
  • Asociación Civil para la promoción y Protección de los Derechos Humanos (Xumek)
  • Abogados y Abogadas del NOA en Derechos Humanos y Estudios Sociales (ANDHES)
  • Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
  • Centro para la Implementación de los Derechos Constitucionales (CIDC)
  • Democracia en Red
  • Centro de Políticas Públicas para el Socialismo (CEPPAS)
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Democracy is cared for inside and outside Congress

The forms of deliberation, public demonstration, journalistic work, the restriction of state violence, are all necessary conditions for social and political coexistence within the framework of democracy.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The police operation deployed in front of Congress, while it was in session, was violent and excessive, outside the current regulations for action in response to demonstrations. It was organized by the Ministry of National Security, with an excessive deployment of different forces that caused injuries from rubber bullets, irritating gases with an unprecedented capacity for damage, and blows from tonfas. In a historical regression, there were police with firearms, something that had been avoided in all governments more than 20 years ago. The police intimidated older people, left around thirty journalists with injuries of varying severity, and attacked human rights defenders and protesters from different political sectors. Threatening freedom of expression and demonstration, it advanced in the streets, on the sidewalks and in the plaza.

Within Congress, the regulations are violated: days of debate pass on an opinion that is not known, which is being written outside the committees as the sessions progress. These irregularities, in the face of society, deteriorate the institutions. Furthermore, as expressed in the bill, the delegated powers requested by the Executive Branch could impact legislative paralysis and expanded margins of arbitrariness given the vague, general and elusive way in which they are expressed.

The democratic conditions of debate and coexistence are today deeply tense and rarefied. While legislators debate the destiny of the country and its economic and natural resources in record time, the highest officials publish messages that celebrate and encourage police violence and violence by particular groups.

We call on political parties, all authorities with public responsibilities and the different sectors of the community to make an urgent call for respect for the rights that are being violated, for democratic coexistence, in appropriate institutional terms and without repression.

Signing:

Andhes (Abogados y Abogadas del Noroeste Argentino en Derechos Humanos y Estudios Sociales)

Asociación Ecuménica de Cuyo (FEC)

ELA (Equipo argentino de justicia y género)

Fundeps (Fundación para el Desarrollo de Políticas Sustentables) 

CELS (Centro de Estudios Legales y Sociales)

Fundación Protestante Hora de Obrar

Asociación para la promoción y protección de los Derechos Humanos Xumek

Fundación SES

Fundación Ambiente y Recursos Naturales (FARN)

CAREF – Comisión Argentina para personas Refugiadas y Migrantes

Consciente Colectivo

Red Argentina de Abogacía Comunitaria (RAAC) 

Campaña Argentina por el Derecho a la Educación (CADE)

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Omnibus Law: we ask Congress to honor deliberation and citizen participation

We, the undersigned civil society organizations, request that the treatment of the “Bases and Starting Points for the Freedom of Argentines” bill continues in ordinary sessions so that our representatives can discuss it in a timeframe commensurate with its complexity, and that the instances of participation are extended so that citizens can express their views on the proposed reforms.

On December 22, 2023, the Executive Power of the Nation summoned the Congress to extraordinary sessions in order to submit for its consideration the bill entitled “Bases and Starting Points for the Freedom of the Argentines”.

The initiative contains more than 600 articles covering a wide range of topics: health, education, employment, social security, children and family, culture, environment, tourism, justice, security and defense, electoral system, fiscal policy, debt, economic deregulation and administrative reorganization, among others. This project proposes amendments to Codes and laws that were debated for years, that were enacted after having listened to a wide range of actors and that recognized historical struggles of various groups, and includes changes that will have direct and far-reaching consequences on people’s lives.

It is evident that understanding, studying and establishing a position regarding such a number and type of reforms requires a deliberative process of analysis, substantiation, argumentation and discussion. It is not possible to ensure an informed and robust parliamentary debate or to analyze in depth the impacts that each of the regulatory modifications would have in the timeframe proposed by the Executive Branch. The quality of public debate makes the quality of our democracy.

It is also impossible to guarantee, in a few weeks, a process of real citizen participation, allowing to listen to all the actors with expertise and experience in the matters included in the project and to those sectors that could be most affected by it. Although during the last week some entities were able to present their views to the deputies, each one had only 5 minutes to do so, and -as the call was limited to 3 days- many were left out of the debate. In addition, there were no opportunities for members of the legislative body to ask questions or request additional information, nor were there reasonable time limits for them to fully analyze the contributions received.

On the other hand, it should not be overlooked that some of the reforms included in the bill violate human rights recognized in treaties with constitutional hierarchy in our country and do not comply with the standards of specialized Committees. If these normative changes are approved, an even more critical social situation could arise, the judicial conflict in different jurisdictions would increase and the responsibility of the State before international organizations would be compromised, which reinforces the need to approach the discussion seriously.

In view of the above, the undersigned civil society organizations request the Congress of the Nation to continue in ordinary sessions the treatment of the bill “Bases and Points of Departure for the Freedom of the Argentines” so that our representatives can discuss it in time according to its complexity, and to expand the instances of participation, ensuring that public hearings are convened to allow citizens in general and the sectors affected by the reforms in particular, to express their views on them. Although the extraordinary sessions have been extended until February 15, such term is still ostensibly insufficient to discuss such a large number of regulatory changes.

Once again, we need a Legislative Branch that defends the system of checks and balances designed by our Constitution and chooses a pluralistic, deliberative and participatory democracy.

Signing organizations:

  • Asociación Civil por la Igualdad y la Justicia (ACIJ)
  • Equipo Latinoamericano de Justicia y Género (ELA)
  • Consciente Colectivo
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación para el Desarrollo de Políticas Sustentables (Fundeps)
  • Fundación SES
  • Asociación Ecuménica de Cuyo (FEC)
  • Asociación para la Promoción y Protección de los Derechos Humanos Xumek
  • Comisión Argentina para Personas Refugiadas y Migrantes (CAREF)
  • Fundación Igualdad
  • Abogados y Abogadas del Noroeste en derechos humanos y estudios sociales (Andhes)
  • Jóvenes por el Clima
  • Fundación Ambiente y Recursos Naturales (FARN)
  • Democracia en Red
  • Amnistía Internacional Argentina
  • Coordinadora de Abogadxs de Interés Público (CAIP)
  • Escuela de Fiscales
  • Fundación Protestante Hora de Obrar
  • Salta Transparente
  • Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
  • Centro de Políticas Públicas para el Socialismo (CEPPAS)
  • Red Argentina de Abogacía Comunitaria (RAAC)
  • Observatorio de Justicia Sanitaria y Climática