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The IDB approved its new Environmental and Social Policy Framework

The process of modernizing the IDB’s environmental and social policies began in January of this year with the first stage of face-to-face and virtual public consultations in the different countries. In Argentina, the face-to-face consultation was held in March in Buenos Aires and the process for submitting comments ended in mid-April. From Fundeps, we prepared and presented to the IDB a document with comments to the MPAS from a gender perspective. In addition, with more than 50 civil society organizations in the region, we sent the IDB a document with recommendations to the MPAS.

“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 mid-July, the IDB published the second draft of the MPAS and began the second stage of virtual consultations for a period of 30 days. In this second stage of consultations, we sent a new document with comments on the second draft of the MPAS from a gender perspective.

The process of modernizing the Bank’s environmental and social policies ended on September 16 when the IDB’s Board of Executive Directors approved the new Environmental and Social Policy Framework -MPAS-. From now on, the IDB begins a period of one year to prepare clients for the implementation of the new framework.

With the new MPAS already approved, it is pertinent to analyze which have been the main modifications incorporated during the process, based on the intervention and active participation of an important group of civil society organizations in the region.

Thus, according to the analysis carried out by the Bank Information Center, the main modifications incorporated in the new Framework have been, in part, the product of the recommendations and suggestions made by the CSOs that make up the Working Group on the IDB. In general terms, one of the main changes in the MPAS Political Declaration stands out as the Bank’s commitment to improve stakeholder participation in accordance with the obligation to respect the right of access to information, participation and justice in environmental issues consistent with the principles of the Escazú Agreement.

Another positive point is the incorporation of the principle of “doing good beyond causing harm” which implies increasing the benefits of sustainable development by asking the borrower to report how the project design will improve the environment and the social issue. In addition, the Bank will carry out its own due diligence taking into account the commitment, history and capacity of the borrower in the development and implementation of the financial operation.

In terms of supervision and monitoring, in the event of noncompliance with social and environmental performance standards, the IDB will work with the borrower by providing technical assistance and greater monitoring of the Bank and stakeholders to achieve compliance with the standards of MPAS performance. On the other hand, regarding the complaint and accountability mechanisms, the Bank added a new provision to the MPAS in which it undertakes not to tolerate any type of retaliation against those who express their opinion and / or opposition to a project financed by the IDB. Thus, a complaint mechanism is established at the project level, in which the borrower must take into account physical, sensory, and cognitive needs of the people who participate.

An important addition to the new MPAS is the exclusion list of activities consistent with the commitments adopted by the IDB to address climate change, that is, it will not finance activities that involve the exploration of oil and gas or the production of energy from the use of the Coal.

Main additions to performance standards

General and gender modifications are highlighted in the Performance Standards (ND), namely:

  • PS 1 Evaluation and Management of Environmental and Social Risks and Impacts: must be applied to all projects financed by the IDB. In addition, the borrower must consider risks and impacts related to human rights, gender, natural hazards, and climate change. In identifying risks and impacts, the borrower has to consider the direct, indirect and cumulative environmental and social impacts of the project. It must also identify the various historically disadvantaged cross-cutting groups in Latin America and the Caribbean, such as women, people of diverse sexual and gender orientation, people with disabilities, Afro-descendants, and indigenous peoples, and implement measures to avoid differentiated impacts on them. The description of the types of risks that the standard makes is highlighted, since by mentioning each of the possible risks, it helps to make them visible and makes the borrower responsible for taking action in this regard.
  • PS 2 Work and Working Conditions: special measures for protection and assistance were incorporated and to address violence, harassment, intimidation and exploitation towards women and people with different sexual orientations and gender identity, people with disabilities, children and migrant workers . In addition, the borrower has the obligation to provide a grievance mechanism for workers in which they can express their concerns and so that they can make complaints of sexual and gender-based violence. On the other hand, this standard, despite the recommendations made, is narrated from an androcentric perspective that does not integrate the needs of girls, adolescents, women and LGTTTBIQ + people. This highlights the lack of a gender perspective that is transversal to all performance standards.
  • PS 3 Resource Efficiency and Pollution Prevention: greater emphasis is placed on the mitigation hierarchy and the “polluter pays” principle. The concept and practice of the circular economy is also recognized. On the other hand, this norm recognizes the disproportionate impact that pollution has on women, children, the elderly, and the poor and vulnerable, however, it continues without making reference to norm 9 on gender equality.
  • PS 4 Community Health and Safety: includes the requirement for the borrower to perform a more detailed analysis of the risk assessment and make adjustments to prevent injuries and illnesses when there are risks that may be adverse to the health, safety and well-being of the people. Regarding gender, the standard refers to PS 9 regarding the requirements to address the risks of sexual and gender-based violence in cases of communal conflict and influx of external workers.
  • PS 5 Land Acquisition and Involuntary Resettlement: in the case of this rule, there is inconsistency with respect to the concept of involuntary resettlement found in the glossary and the one described in the rule. The definition of the glossary is the product of the recommendation made by CSOs where it is defined as “involuntary resettlement when the people affected by the project do not have or cannot exercise the right to reject the acquisition of land or restrictions on the use of land that resulting from a physical or economic displacement ”, on the other hand, in this PS it is defined as“ involuntary when the people affected by the project do not have the right to reject the acquisition of land… ”. On the other hand, the recognition of women as owners in the event of displacement has been an advance. Another limitation in the regulation is that it should not be limited to considering the requirements related to Indigenous Peoples, gender equality and stakeholder participation in accordance with PS 7, 9 and 10, but must include them.
  • PS 6 Biodiversity Conservation and Sustainable Management of Living Natural Resources: highlights that PS 1’s risk and impact identification process must consider project-related cumulative impacts on biodiversity and the ecosystem and identify any significant residual impacts . In addition, it provides a more complete definition of critical habitat as it includes legally protected areas or internationally recognized areas of high biodiversity value. Regarding the issue of the gender perspective, this standard continues to require its mainstreaming and the incorporation of the reference to PS 9.
  • PS 7 Indigenous Peoples: is aligned with internationally recognized standards. In addition, it adds that the borrower must respect the rights of indigenous peoples in accordance with national legislation, international law, or indigenous legal systems. On the other hand, in accordance with participation and consent, the requirement is included to use indigenous consultation and participation protocols to ensure their representation as well as that of indigenous women and people of diverse sexual orientation and gender identities. Also, in the evaluation and documentation of the resources of the indigenous communities affected by a project, it is required that it be inclusive in gender and consider the role of women in the management and use of resources.
  • PS 9 Gender Equality: the term Gender Violence was replaced by a more comprehensive and comprehensive term: Sexual and Gender Violence. The recognition that unpaid care work falls on women is highlighted, which hinders the achievement of gender equality and the economic empowerment of women. Another point to note is that the borrower should evaluate the project for potential gender-based impacts and risks that disproportionately affect women, girls, and sexual and gender minorities, and if risks and impacts are identified, the borrower should conduct a Gender Analysis as part of environmental and social due diligence. On the other hand, regarding consultations, the borrower is required to identify and address the obstacles faced by women and people of different sexual orientation and gender identities, ensuring equitable participation.
  • PS 10 Stakeholder Participation and Disclosure of Information: the new PS 10 is consistent with the implementation of rights of access to environmental information, public participation in environmental decision-making as well as access to environmental justice of the Escazú Agreement. Like PS 1, this rule should be applied to all projects financed by the Bank. Regarding gender, the incorporation of PS 9 is considered a great advance in mainstreaming the gender perspective.

The balance that can be made with respect to the new IDB Environmental and Social Policy Framework, compared to the initial version proposed by the Bank at the beginning of the review process, could be considered quite positive, since it is widely incorporated of the recommendations made by CSOs to MPAS during the consultation process. This, despite the shortcomings and problems presented by the public consultation process carried out by the Bank and which was repeatedly highlighted by CSOs in the region as a necessary aspect to improve.

It remains to be seen whether the positive changes introduced in the new MPAS will effectively result in a strengthening of the institution’s social and environmental standards, a necessary issue due to the context of weakening environmental and social standards that the region is going through, and the challenges and threats looming in this regard in a context of post-pandemic Covid-19 economic reactivation. In this sense, the way in which this new framework is implemented and how its application will work in practice will be key. In this regard, it is a priority for the Bank to improve the way in which it engages and relates to civil society and affected communities, and makes them active participants in the process of implementing the new environmental and social framework.

More information

Author

  • Sofia Brocanelli

Contact

 

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We are trained in “budget analysis and advocacy strategies for transparency”

Within the framework of a project that seeks to strengthen accountability at the federal level, together with the NGOs Nuestra Mendoza, Andhes and Salta Transparente, we are trained in “Budget Analysis and Advocacy Strategies for Transparency” in order to generate common tools and align our work on this matter.

“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 public budget is the main economic policy mechanism that defines how and how much public resources will be collected and invested in a whole year. Through this, the government defines its priorities in attention to public policies and therefore in the guarantee of rights.

The objective of the training was to generate tools and align our work on public budget matters, in order to carry out a joint strategy on the subject. Although, in general terms, all public budgets follow a similar scheme both at the national and sub-national levels, both the nation and each province have their own specificities. In this sense, guidelines were established for the analysis of each provincial budget process, identifying its key actors, times of the process and the existence or not of a mechanism for transparency and citizen participation.

In a particularly complex year, where the emergency was declared and large funds were allocated to care for the pandemic – a situation that is expected to continue at least for a while longer – we consider it key to delve into this issue. In this sense, we will advocate for greater visibility of the public budget, while making it more transparent, participatory and guarantor of human rights.

Contact

Nina Sibilla, ninasibilla@fundeps.org.

 

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Tags yes

In Argentina there is no food labeling system established by law that informs consumers clearly, truthfully and simply what it is that we are consuming. Front warning labeling with black octagons provides straightforward information that allows consumers to quickly and easily identify products that contain excess amounts of critical nutrients.

“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”.

There are different types of front labeling. Scientific evidence, free of conflicts of interest, has clearly shown that warning labeling on the front of the container is the best regulatory option to facilitate decisions that protect health. Recently, the United Nations Special Rapporteur on the right to health, Dainius Püras, issued a statement in which he urged States not to remain passive in the face of Chronic Noncommunicable Diseases -ECNT- and to address in a proactive and comprehensive manner preventable risk factors related to CNCDs and specified in a specific public health regulatory measure, such as frontal warning labeling, characterized as an effective intervention to protect public health.

Why is it necessary that the implementation of labeling occurs through a binding law and not through self-regulation? Self-regulation and voluntary commitments, in general, have not obtained satisfactory results. Evidence has clearly shown that industry self-regulation does not work, generally self-regulatory codes include weak and therefore ineffective restriction guidelines. Furthermore, their participation is voluntary and there are no monitoring, sanctions or supervision mechanisms. In this framework, the promotion of self-regulation also functions as an obstacle for the promotion of public policies and should be avoided by governments.

For their part, conflicts of interest refer to situations in which there is a confrontation between the public interest and a private interest that could unduly influence the adoption of a policy. In this case, it is the existence of interests unrelated to public health that prevent decisions from being made or actions aimed at protecting health from being carried out. With this criterion, organizations linked to the food industry should be excluded from decision-making spaces both locally and globally. Likewise, in order to protect decision-making spaces in matters of public health, transparency must be ensured. It is essential to have information about the people and institutions involved.

The State has the duty and obligation to guarantee, protect and respect the right to health and adequate food. The experiences in countries such as Chile, Peru, Uruguay and -recently- Mexico show that it is possible to advance in evidence-based measures that address the specific needs of our countries and prioritize the human right to health and food. adequate.

More information

Front labeling of warnings: a necessary policy to protect the right to health – Fundeps

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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We asked the Senate to incorporate new principles into the General Environmental Law

In conjunction with other NGOs, we asked the Chamber of Senators to treat the bill that seeks to incorporate the principles in dubio pro aqua and in dubio pro natura Law No. 25,675.

The bill, which has already obtained the corresponding half-sanction in the Chamber of Deputies, modifies art. 4 of Law No. 25,675 “General Environment”, and incorporates the legal principles “in dubio pro aqua” and “in dubio pro natura”. Let us remember that these principles, although they have been recognized jurisprudentially by the Supreme Court of the Nation, are not regulated in the current regulatory system.

These principles are important because they play a decisive role in decision-making by the authorities. In such a way: The “in dubio pro natura” principle establishes, in the terms of the bill, that: in case of doubt, disputes must be resolved in a way that favors the protection and conservation of the environment, giving preference to the least harmful alternatives. No actions will be taken when their potential adverse effects are disproportionate or excessive in relation to the benefits derived from them.

For its part, the “in dubio pro aqua” principle provides that: in case of doubt, environmental and water disputes must be resolved in the way that is most favorable to the protection and preservation of water resources and related ecosystems.

Considering the importance of its incorporation into the legal system, we request, together with other members of civil society, the treatment of the bill. In the current context of environmental tragedies, it is vital that each organ of the State adopt, within the framework of its powers, the actions necessary to protect the environment.

More information

Contact

Juan Bautista Lopez, <juanbautistalopez@fundeps.org>

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We present ourselves as “friends of the court” before the Supreme Court of Justice of Tucumán

This is the case of “María Magdalena”, a woman who came to the guard of a hospital with an abortion in progress and suffered torture, inhuman treatment and obstetric violence when she was treated, and later was unable to access justice in the province of Tucumán.

In 2012, María Magdalena (name used to preserve her anonymity) arrived at the Nuestra Señora de las Mercedes Maternity guard with a miscarriage in progress. The gynecologists who treated her, Claudia Callejas and Alejandra Bereguer, performed a curettage without anesthesia and later reported her to the police, accusing her of having caused the abortion.

María Magdalena was dismissed in 2015 and has been trying to get justice ever since. She denounced these doctors for gender violence and violation of professional secrecy, but in all the judicial instances of Tucumán they refused to investigate, and they filed the case.

The case reached the Supreme Court of Justice of the Nation and in February of this year it was resolved that the Judicial Power of Tucumán should investigate the medical actions of the gynecologists and rule on the denounced facts, since these signify a flagrant violation of the Women rights.

From Fundeps, we present an Amicus Curiae presenting a series of arguments to substantiate the human rights violations suffered by María Magdalena, and thus demand that justice be done. Among them, we highlight the right to a life free of violence in the framework of health care, compliance with the medical obligations of health professionals (derived from the Law on the Rights of the Patient in their Relationship with Professionals and Health Institutions) and the right to access justice.

We demand that the Judicial Power of Tucumán comply with its duty to guarantee women the full enjoyment of their rights and that it punish those who attempt against them, doing justice for María Magdalena and all women who see obstacles hindering access to essential services under conditions. safe and affordable.

Author

Sofia Armando

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Tools for self-management from a perspective of sustainability of life

This material is a practical resource for the basics of self-management. It is the result of debates and dialogues, loaded with great desires for social transformation (only Spanish)

Descargar Documento / Download File
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Nuclear cooperation between Argentina and China advances

In November, the Argentine government plans to move forward with the signing of the contract for the construction of the fourth Hualong-type nuclear power plant, with Chinese financing.

“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 government of Alberto Fernández advances in the signing of the contract for the fourth nuclear power plant with the Asian giant. The preliminary agreements signed in 2014 and 2015 included the construction of two nuclear reactors. One of the reactors would be made of Candu-type natural uranium, a technology that Argentina handles, and the other reactor would be Hualong-type enriched uranium, of Chinese origin.

However, in the Macri government modifications were made to the agreements with China and in 2018 it was decided to build only the Hualong-type reactor, a model that is planned to be built in this administration. This type of reactor will require an investment of USD 8 billion and for this Argentina will have to import the fuel for the plant to function, which implies that the country depends on foreign suppliers. Several specialists such as José Luis Antúnez, Andrés Kreiner, Gabriel Barceló and Eduardo Barreiro are against this type of reactor and insist on the need to continue with the natural uranium technology that uses the Candu model.

On the other hand, proponents of the construction of the Hualong reactor such as Sabino Vaca Narvaja and Isidro Baschar see its construction as a smart partnership with China that will help strengthen national development. Also, they are negotiating the possibility of the country producing the nuclear fuel that this reactor model needs and thus avoiding dependence on foreign suppliers. In addition, they highlighted that the plant will have a Chinese loan of USD 7,900 million that will begin to be paid when the reactor generates electricity, that is, in 8 years. Regarding the cancellation of the construction of the Candu reactor, Vaca Narvaja and Baschar argued that the Ministry of Energy is working to reactivate it.

Regarding the choice to build nuclear power plants instead of opting for renewable energies such as wind and solar, it raises concern not only because of the higher construction cost but also because of the risks that nuclear energy implies. Detractors of the Hualong nuclear power plant maintain that it would not even be useful to develop the scientific-technological system, that if it occurs in other types of reactors such as the Candu.

The moment chosen to advance in the construction of the nuclear power plant is also questioned since, due to the context of the economic crisis and the restructuring of the debt in which Argentina finds itself, it would not be opportune to take on debt nor is energy necessary nuclear since at present the country has no deficit in energy production.

It should be noted that the commitment to greater nuclear development is closely linked to the type of energy matrix and the development model promoted by the country. In turn, it involves and affects, directly or indirectly, a wide variety of actors. Therefore, from Fundeps we consider that this type of decision should necessarily include a deep debate at the social level, with the necessary transparency and participation of the different social actors involved. Unfortunately this does not appear to be the case.

Author

Sofia Brocanelli

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Right to Access to Information Day

Every September 28 we celebrate the International Day of Access to Public Information in order to promote government transparency and raise awareness among citizens in the exercise of this human right. This day has been held since 2002, following a conference held in Bulgaria, organized by defenders of freedom of information from 15 countries. Years later, in 2015, the United Nations Educational, Scientific and Cultural Organization (UNESCO) proclaimed the celebration of this date in order to consolidate public awareness about the importance of access to 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”.

The Right of Access to Public Information (DAIP) is a fundamental right that every person has to request and receive information that is in the possession of the State. In return, it is an inescapable duty of the public powers to implement and ensure compliance with the objective of making public management transparent. In its collective dimension, the DAIP acquires relevance for the strengthening of democracy since it functions as a mechanism to guarantee accountability and citizen control. In turn, it is a key right that enables and enhances the enjoyment of other human rights, such as health, a healthy environment, education, among others.

Access to information held by public entities can be guaranteed in two ways. Through active transparency, that is, when the State proactively publishes information or through a request for public information before a specific body, which is known as passive transparency.

Access to information in the province of Córdoba

In November 2019, and with the support of 14 organizations throughout the country, we launched the report “Córdoba: a proposal to update the law on access to public information” where, at the same time, highlighting the main international standards on the matter , we make specific recommendations so that Córdoba updates its law No. 8803 on Access to Knowledge of State Acts dating from 1999. From that moment to date, nothing has changed, so the update claim is still in force, let’s see what they are the main shortcomings of the law:

  • It is a law of 10 articles that, for the most part, is limited to establishing the procedure to access public information and fails to regulate the right of access to information in a comprehensive manner, so as to ensure its effective compliance.
  • It does not enunciate, beyond the principle of “publicity of government acts”, other key principles in order to guarantee the right of access to public information to any person.
  • It defines “public information” in a very limited way as “any type of documentation that serves as the basis for an administrative act or the minutes of official meetings.” In general, “document” refers to a written medium. That is why this definition is extremely restrictive and defines, ultimately, what citizens will or will not have access to. It is advisable that a broader definition of public information be followed as the national law does.
  • It contains a limited number of subjects obliged to provide information: it does not contain entities that receive public funds (such as political parties or unions) or are contractors of the State to provide a public service; and as for the Judicial Power, it restricts it to its administrative activity.
  • It does not provide for active transparency, so the type of information that it publishes is at the discretion of the provincial government without being subject to any type of control or minimum floor of information to be published.
  • It does not foresee measures for the promotion, implementation and assurance of the right, as is the case of the existence of an Access to Public Information Agency.

Access to public information is essential for the exercise of its function and the achievement of its objectives, since it constitutes a first element of analysis to be able to monitor public policies and collaborate accordingly.

In 2019, of more than 100 AIP requests made between the municipality and the province of Córdoba, only 10 were answered. There is also a practice that violates the principle of publicity and the strengthening of the institutions of democracy; This is to respond to requests for information, once they are prosecuted.

As an example we can cite the case “Foundation for the Development of Sustainable Policies c / Secretariat of Financial Administration of the Ministry of Finance of the Government of the Province of Cba. – Amparo Por Mora (Law 8,803) – Appeal for Cassation ”, in which, after 10 years we obtained in 2019 a favorable ruling from the Superior Court of Justice of Córdoba on budgetary information required in 2010 from the provincial and municipal governments regarding to the registry of suppliers and to the funds of direct execution in the hands of Ministers. Likewise, and without yet having a final judgment, in August 2019 we filed an amparo action against the provincial Ministry of Health for not responding to a request for information on health services in the area of ​​sexual and reproductive health in the province of Cordoba.

What happened this pandemic year?

The outbreak of the pandemic highlighted and exacerbated the difficulties that already existed and hindered the full exercise of the right of access to public information.

As is known, at the beginning of the pandemic and together with the mandatory social isolation measures, the “suspension of administrative terms” was ordered at all levels of government, both national, provincial and municipal, which implied a “stop” in the normal functioning of the entire public administration. In this area, it is worth highlighting a good practice on the part of the National Agency for Access to Public Information, which on April 14 of this year ordered through resolution 70/2020 to exempt itself from the general suspension of administrative deadlines so that all the procedures derived from both the national law on access to public information and the law on the protection of personal data, will be active. One of the fundamentals he used was the following “in the face of an emergency situation and a health crisis resulting from the pandemic generated by COVID 19, accessing public information is essential to know the Administration’s performance and avoid arbitrariness in taking of public decisions ”. We highlight this decision, which enabled Fundeps to make a total of 24 requests for public information at the national level, having already obtained 17 responses, which allows us to continue monitoring some key public policies on human rights.

Although at the provincial and municipal level, and in part due to the lack of active and interactive AIP Agencies with society and / or publicity of information related to AIP requests since the beginning of the pandemic, it was not possible to establish exactly when is that the AIP deadlines and mechanism were resumed.

At the municipal level, and given the new government management, the information request website has been updated, available here. For its part, the province forged by the emergency situation and social distancing that made it impossible to manage AIP requests in the only way that they were foreseen, that is to say in person, has settled a historical debt which has been the creation of a site of online inquiries to make requests for public information. Although we celebrate this progress, which is key in this period and which will facilitate the management of requests once it has ended, we consider that the requirement to have a Digital Citizen to be able to make a request for public information is excessive in terms of human rights. Although it may be desirable for the province for the entire population to manage its Digital Citizen, the right of access to public information cannot be subject to a formal and technological requirement such as this one. This is absolutely contrary to both the standards that guide this right and current legislation.

The Inter-American Model Law on Access to Public Information establishes that any person must access public information even anonymously, only having to provide a contact information in order to obtain the required information. Argentina, at the time of enacting Law 22,175 on access to public information in 2016, indicated that the requesting person must indicate their identity, the information requested and a contact information. Similarly, it is foreseen in Córdoba, in Article 6 of Law No. 8,803 where it is established that “the request for information must be made (…) with the identification of the applicant, without being subject to any other formality”. Therefore, the requirement of having a Digital Citizen is clearly an obstacle in the exercise of this human right.

In this context, some claims are still in force and are being deepened in order to effectively exercise the right of access to public information, such as the updating of Law No. 8,803 on “access to knowledge of the acts of the State” of Córdoba that dates from 1999, that special emphasis be placed on the obligation of active transparency by the States, having to publish complete and current information in open formats, as well as the creation of an Access to Public Information Agency at the provincial level that guarantees the full validity of this right.

Contact

Nina Sibilla, ninasibilla@fundeps.org

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We participate in a discussion on climate change

On September 25 of this year, we participated in a discussion together with other NGOs from Latin America and the Caribbean, in which we discussed the collaborative work carried out this year: «Climate Change and the Rights of Women, Indigenous Peoples and Communities Rural of the Americas ».

“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”.

Together with members of La Ruta del Clima, Yale University, environmental activists, and members of the Rapporteurship for Economic, Social, Cultural and Environmental Rights of the Inter-American Commission on Human Rights, we participated in a virtual conversation. Each person in charge of the exhibition gave an account of the challenges faced by their own States and societies in Latin America and the Caribbean around the phenomenon of Climate Change.

The discussion was organized by members of the Heinrich Böll Colombia organization, and had as its axis the report on Climate Change and the rights of Women, Indigenous Peoples, and Rural Communities of the Americas, prepared by various civil society organizations. In particular, various topics related to human rights affected by the phenomenon, obligations of States and Intergovernmental Organizations at the regional level and challenges in the region were discussed.

From the presentation of each member, it is possible to see that the challenges at the regional level are not different between the various States, which are faced with similar contexts around the weak economic situation, social crisis impregnated with profound inequality and extractivist policies. From Fundeps we appreciate the invitation to the event, and we applaud these meeting spaces, which are a fundamental part in the construction of an environmental citizenship.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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The province on fire, again

Native forest ecosystems, no less than a month after the last fires, are again affected by this phenomenon, causing immeasurable environmental damage. Even though drought conditions constitute a variable that increases the risk of fire, these, for the most part, come from a premeditated and intentional human action.

“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”.

During the month of August, the province suffered serious fires that spread over over 40 thousand hectares, causing serious socio-environmental damage, that is, destruction and disappearance of forest ecosystems, damage to homes and evacuations of those who live in the vicinity. Even though its effects persist in the burned areas, new sources of fires are seriously affecting other geographical sectors of Cordoba.

This serious situation makes it possible to question the actions of the authorities regarding the efficiency or even existence of a system to prevent these phenomena. The reality is that less than a month after the last fires, prevention failed again and today it is necessary to observe and regret – again – the loss of biodiversity and the damage to mountain communities due to intentional fires in the province.

The objectives and values ​​that arise from the environmental protection regulatory system, and in particular, from the fire management system (National Fire Management Law No. 26,815) and that should guide the implementation of public policies around the phenomenon, they were and are clearly unfulfilled. The early warning and action systems envisaged in the regulations seem to be part of an ideal far from their effective implementation.

Notwithstanding this, even when the preventive stage has largely failed, it is important to emphasize the duty of recomposition that weighs on those who are responsible for the fires as well as on the authorities, and on the important role played by citizens and civil society in demanding compliance. Contrary to what seems to have happened on the preventive side, the recomposition cannot and should not constitute an illusion. Real measures must be put in place to guarantee, from a technical point of view, adequate restoration of ecosystems, ensuring real (not fictitious) citizen participation that allows communities to monitor and be part of this process.

At this point, it is necessary to clarify that, according to current regulations, the areas that were protected by the categories of forest land management do not lose this categorization due to fires, and there is an obligation to recompose them. This circumstance should not be ignored because any undertaking or action that intends to use these territories must be subject to the restrictions that are in force for the corresponding protection category, even when as a result of the fire there is no native forest there.

On the other hand, it is important to note that even when the figure of “ecocide” serves as a conceptual category to frame the events, the truth is that from the legal point of view, it is not incorporated into the Argentine criminal law. The reality is that the use of category can divert attention, blurring the true criminal responsibility attributable from Arts. 186,187, 188 and 189 of the Penal Code, that is, the crime of arson in its various forms and according to its various qualifiers. For this reason, it is important to note that this type of responsibility exists, is punishable by the Penal Code, can and should be reported, investigated and tried, without prejudice to the corresponding responsibilities regarding environmental recomposition.

From Fundeps, we believe that the authorities should, among other possible measures, carry out effective prevention actions immediately; comply with an adequate investigation in order to determine and attribute the corresponding responsibilities for the damages or crimes committed; launch an environmental recomposition plan closely linked to citizen participation; and to tend to the protection of all the native forest ecosystems existing in the province not only in relation to fires but also around any activity that threatens their integrity.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

Source

Images of fires in Falda del Carmen and Bosque Alegre (Pedro Castillo / La Voz)

Argentina ratified the Escazú Agreement

In a special session held yesterday, the Chamber of Deputies approved the bill to ratify the Escazú Agreement. With this act, only the ratification of a Latin American and Caribbean State would remain for its subsequent entry into force.

“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”.

During the month of August, the Chamber of Senators had already approved the bill to ratify the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean ( Escazú Agreement). Yesterday, following the procedure established by our Constitution, the Chamber of Deputies gave the remaining half sanction necessary for the effective ratification of the Agreement.

Thus, Argentina became the tenth country to carry out this act. This is important because we remember that the text of the Agreement itself provides, in its art. 22, the entry into force after the 90th day from the deposit of the eleventh instrument of ratification, acceptance, approval or accession with the Secretary General of the United Nations (depositary of the agreement). This means that only one more State ratification would remain before the 90-day period prior to the effective entry into force begins.

Let us remember that this treaty is not only innovative in its content because it was consolidated from an arduous process of debate and citizen participation, but because it constitutes the first international normative instrument that guarantees and establishes a protection system for those who are defenders of the human rights in environmental matters. It should be noted that the Latin American and Caribbean region registers the highest number of murders of those who carry out this task.

Likewise, the text regulates the rights of access to information, citizen participation and environmental justice. Although in the Republic there are norms that guarantee the respect of these rights, the truth is that the approval of the treaty affects its effective fulfillment and enjoyment, since it places the State in the obligation to comply with its international commitments under penalty in responsibility for its breach.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Agrochemicals, an environmental and public health problem

This document aims to examine, from a comprehensive environmental and public health perspective, the impacts caused by the application of agrochemicals. One of the many consequences of the existing agricultural production model in Argentina is linked to the excessive application of agrochemicals and their consequent negative externalities for the environment, public health and the general population.

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