Coordinated by the Circle of Environmental Policy (C.A.B.A.), and in conjunction with other specialists, We elaborate the Legislative Environmental Agenda 2020, giving account and analyzing the main bills on environmental matters that have parliamentary status.
The world is going through extraordinary circumstances. The need to adopt urgent measures such as social isolation have changed our daily lives and put public health and security in tension. However, the policies implemented cannot forget the rights of citizens.
“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 situation of public knowledge of the progress of COVID-19 has necessitated the adoption of urgent measures whose objective is the protection of public health. The isolation and social distancing measures are supported by the scientific evidence that is beginning to be collected about the outbreaks of contagion of the pandemic. The World Health Organization recommends these measures and its representatives have recognized the Argentine government for its decisions that can limit the spread of this disease early on. As in other public health issues in which we have worked for years, Fundeps emphatically supports public policies based on scientific evidence and in line with the recommendations of specialized bodies in the field.
In this context of health emergency, it is essential to become aware of the importance of respecting quarantine in order to protect public health and guarantee the functioning of the Argentine health system. Failure to comply with the isolation measures, and the consequent risk for the population that this causes, allows the State to take sanctioning measures against those who violate it. However, it is also important to point out that, in the face of the initiation of a sanctioning process against a person who violates isolation, it is necessary that the acting security forces strictly comply with the legal procedure established for such a case, and respect all rights and the constitutional guarantees that, even in this state of emergency, remain in full force.
Those exceptions in which a person is allowed to circulate, undoubtedly should not be used by citizens as a pretext to violate preventive and compulsory social isolation. However, in the event of a permitted movement (For example: food supply), whoever is questioned by the security forces, must have the possibility of providing information to said personnel in order to make known the reasons for their movement. , that is to say, to exercise your release. A coercive measure by the police, should only find support in the existence of “enough reasons” (objective circumstances noted by the police officer at the time of the control) that allow us to assume that the person is actually violating the quarantine and that is not enabled to circulate (eg health professionals), but allowing before, worth the redundancy, to discharge it.
On the contrary, an arrest that does not take into account the reasons given by the person who circulates or even offers the possibility of giving them, will not only violate those constitutional guarantees that restrict the adoption of this type of measures (existence of enough reasons to proceed with the arrest and right of defense), but it will also make the exceptions contemplated by the DNU illusory Thus, any person who circulates on public roads should be detained and only after going through the entire procedure, could provide the reasons for their circulation to the competent judicial official. If so, this could cause an overflow in the places destined to house detainees, with the consequent overload of the minimum judicial system that is currently dealing with such cases.
Beyond the aforementioned, in cases in which security forces personnel detect a violation of quarantine and detain the person in question, the procedure must respect the dignity of the person without incurring degrading treatment, and using the force only when necessary. Furthermore, the procedural rules in force in each jurisdiction must be complied with, that is, immediately notify the competent judicial body, seeking the effective right of legal assistance and defense.
Finally, the application of inspection tasks should not be oriented and systematically directed to the “control” of those sectors in vulnerable situations. The guarantee of non-discrimination should not be ignored when supervising quarantine compliance, directing controls only to a certain population sector, but its scope should be general.
The existence of a state of sanitary emergency requires the responsibility of all citizens in complying with the quarantine measure. Failure to comply with such a measure undoubtedly demands a sanction to guarantee the health of the entire Argentine population, but must not lead to excesses, arbitrariness and abuse of authority by the security forces, seeking a quarantine with full validity of our rights.
From society, we must avoid acting by underestimating the number of cases existing today, which may seem few or with numbers that are not alarming enough: the behavior of the pandemic has already shown exponential growth in other countries. This is why it is necessary to think about the possible contagions of tomorrow, and especially the impacts on the health of those people belonging to the risk group and / or in a vulnerable situation.
Since the appearance of COVID-19, the need to review from the State and from all of society, the way of linking ourselves, both individually and daily and globally, has become evident. It is necessary that we collectively manage to take advantage of these circumstances to build ties, ways of relating that include citizenship, mutual respect and towards our environment, as starting points. Public health will be better protected with an active citizenry, responsible for the fulfillment of its obligations and capable of exercising its rights.
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Firm: Fundeps´s team
On March 2-3, the conference on foreign investment and the New Silk Road in Latin America and the Caribbean was held on the campus of the National University of San Martín in Buenos Aires.
“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 March 2 and 3, the conference ‘Rethinking the role of foreign investment and the New Silk Road in Latin America and the Caribbean‘ organized by Transnational was held on the campus of the National University of San Martín (UNSAM). Institute (TNI) and UNSAM.
Both days, exponents participated not only from Argentina, but also the presence of specialists from Chile, Bolivia, Brazil, Mexico and Peru. On the first day of the conference, issues such as the role of foreign direct investment (FDI) for sustainable development in the current context of climate crisis were addressed; FDI in Latin America, including Chinese investments and the key sectors in which they are located. In addition, the potential implications of the region for the New Silk Road were discussed.
As the main conclusions of the first day, we can mention China’s need for extractive primary resources, the main reason for its relationship with Latin America and the Caribbean. The transfer of Foreign Direct Investment (FDI) of environmental impacts to the countries of the region. Finally, the continued violation of Chinese investments to Convention 169 of the International Labor Organization (ILO) on the right to free, prior and informed consultation for indigenous peoples.
On the other hand, on the second day there was a greater exchange of opinions between the speakers and the public present, respecting the topics agreed in the Program, such as Chinese FDI in the region, specifically the characteristics, impacts and challenges they face. Latin American countries, with emphasis on Argentina, Brazil, Mexico, Bolivia and Chile. Lastly, the topics that generated the greatest exchange of opinions were the relationship FDI-sustainable development models and, on the other hand, what is the type of FDI that we want, that is, if it can contribute to national development taking into account ecological sustainability .
Regarding the second day, the questions that had great force were those regarding which pattern China follows in the different countries of the region. Thus, issues such as the growing demand for lithium by China, its association with companies from other states to obtain their technology (technology transfer), the expansion of bi-oceanic projects, hydroelectric dam projects and the increase in ecoterritorial conflicts, due to mention some.
In our region, in recent decades, Chinese investments have grown exponentially, exceeding investments by traditional multilateral organizations (such as the World Bank and IDB). With these investments comes the lack of controls, environmental and social impacts, and human rights violations. However, the asymmetric relationship that exists between the region and the Asian country cannot be overlooked, reproducing the classic unequal patterns of relationships that have characterized Latin America and the Caribbean, formerly with the United States and Europe, now with the People’s Republic from China.
Consequently, it is important to create greater articulation between civil society, academia, affected communities and all those interested parties to demand a more egalitarian form of relationship and compliance with environmental and social standards, absent so far. It is within this framework that our participation in the conference and Fundeps’ interest in strengthening ties with both national and international academic institutions that address the issue of Chinese investment and its impact on the environment and human rights are framed.
More information
- Overview of Chinese investments in Latin America: The cases of Argentina, Colombia, Mexico and Peru – GREFI
- China-Argentina relations under Macri administration: do we change? – Fundeps
- Projects with Chinese financing in Argentina: 8 emblematic cases – Fundeps
- Analysis of the China China-Argentina Comprehensive Five-Year Plan for Cooperation in Infrastructure (2017-2021) ’- Fundeps
- AIIB’s role in the New Green Silk Road – Fundeps
Author
- Sofia Brocanelli
Contact
- Gonzalo Roza, gon.roza@fundeps.org
In the framework of the process of reviewing the environmental and social policies of the Inter-American Development Bank, we participated in public consultations held in the cities of Buenos Aires and Washington DC. Together with a group of civil society organizations, we raised certain concerns and recommendations regarding the review and consultation process, as well as the content of the draft of the proposed Environmental and Social Policy Framework.
“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”.
This working document addresses one of the new multilateral development banks: the New Development Bank (NDB) of the BRICS. It develops its beginnings, structure, policies and strategies, the projects it has underway and the role that China has in the Bank.
Together with other organizations of the Civil Society of Latin America and the Caribbean, we prepare a working document that reflects the contributions and lessons learned in the negotiation process of the Escazú Agreement.
“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”.
This document was carried out in the framework of the work of the Regional Observatory of Investments, Transparency and Human Rights (composed of various civil society organizations in Latin America and the Caribbean, many of them authors of this publication), as part of a collective effort for making known from our experience the contributions and lessons learned from the negotiation process of Principle 10 so that they can be incorporated into the current signature and ratification processes of the Escazú Agreement.
Thus, what is described in this document responds to the achievement of a regional aspiration: the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean, now the Agreement on Escazú, the first regional instrument of environmental rights, which represents a historic opportunity for the materialization of environmental democracy and the consolidation of citizenship, especially those groups that have been historically and systematically discriminated, such as indigenous peoples.
The publication summarizes the internal processes in various Latin American countries aimed at the approval of the Agreement, in particular, from Argentina, Brazil, Colombia, Mexico, Nicaragua and Peru.
More information
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
With the law 27,328 approved in 2017 on the modality of Private Public Participation contract, the previous Argentine Government intended, among other objectives, to reduce the country’s infrastructure deficit, while leveraging private investment. After having confirmed only a handful of projects of those initially raised, and taking into account the criticisms existing in other countries and regions regarding this type of contracting, the question that arises is how effective this contracting modality has been so far , and what decision the new Government will make regarding the continuity or not of both the confirmed and pending projects; as of the decision to promote PPPs to boost infrastructure in the 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”.
The contract modality of Public Private Partnerships (PPPs) or Public Private Participation (PPP) are medium or long term agreements between the State and a private sector company. PPPs apply to projects related to public infrastructure and the provision of social services that have a deficit in their financing. Therefore, together with private and governmental agents, it participates in the provision of services such as water, transportation, road infrastructure, energy, among others. (More information about APPs)
The need for capital, technology and resources has been and is necessary in our country due to the deficit that exists in infrastructure. Therefore, the PPP contract modality has been presented as an alternative to end or reduce this imbalance. Since 2000, Argentina has a legal framework that regulates PPPs, one is Decree No. 1299 of year 2000 and the other is Decree No. 967 of year 2005. However, due to changes in the international economy , these instruments were obsolete, so in 2017 a new law was approved that regulates the application of the PPP, Law No. 27,328 and its Decree 118/2017. The difference between this instrument and the previous ones is that the current one excludes or limits the prerogatives of public law of the Administration as the ability to unilaterally modify the contract, making it impossible for the private contractor to invoke the breach of the State to suspend its benefits, among others.
The Subsecretariat of PPP is the body responsible for regulating this type of contract modality. This unit, before the assumption of the current government, was in charge of 5 National Directorates: the Executive Coordination of PPP Projects, Energy and Mining Projects, Transport Projects, Communications and Technology, Water Projects, Sanitation and Housing, and Health, Justice and Education. Currently, on the occasion of the change of government, modifications are being made in this unit. So now, the PPP Subsecretariat is responsible for 3 national directorates: the National Directorate of Information and Monitoring of PPP Projects, the National Directorate of Technical Evaluation of PPP Projects and the National Directorate of Legal and Regulatory Project Analysis of PPP.
It is important to mention that the High Level Reporting Mechanism (MRAN) was also implemented in the PPP Tenders that collaborates with the Anti-Corruption Office. This mechanism is a tool for preventing corruption and / or committing ethical irregularities. It aims to provide private sector companies and other parties that are participating in the bidding process, a reliable, specific channel known to all to report alert situations such as unethical behavior and offer of bribes.
As for the projects, once the law entered into force, an Argentine Government Plan was presented that contemplated the completion of 60 PPP projects between 2018-2022 for USD 26 billion. In this framework, from Fundeps, requests for information have been made to the national State to consult for more information on this type of contract such as the organizational structure that guarantees it, the entities responsible for monitoring, and what are the projects that are in March and in what sectors.
One of the largest projects currently being developed is the ‘Highway Network and Safe Routes PPP- Stage 1’ which began in June 2018, being awarded to National and International Public Tenders for the contracting of the design, construction, expansion, improvement, repair, remodeling, operation, maintenance and commercial exploitation of different National Road Corridors. Just to mention, this process had the participation of 10 consortia composed of 19 national and 7 international companies that submitted 32 offers in total.
However, when asked about the participation in this type of projects of any of the international financial institutions such as the IDB, IDB Invest or World Bank, from Nation they could not provide us with such information, despite the fact that they exist on the websites of said projects institutions, information linked to the realization of works with this type of modality.
Undoubtedly, the short period of validity of the new regime, as well as its poor implementation in only a handful of projects to date, added to the context of the economic crisis that the country has experienced in recent years, make it impossible to do an accurate balance of how effective or not this contracting modality has been to achieve the objectives set.
With the new government, it will be necessary to follow up on the projects that are underway and observe what position it will take according to the projects that are still to begin, since the package of projects covers from the year 2018 to 2022. In turn, It is worth considering whether the new government will follow in the footsteps of its predecessor, seeking to promote this type of contracting modality to carry out infrastructure works and attract private investment or if, on the contrary, it will resort to either more traditional options that are based on strong participation and financing of the public sector; or rethinking the APP mode in some way.
Regardless of this, and already having legislation that allows this type of contracting modality, from Fundeps we consider it a priority that, when thinking and promoting this type of projects, the problems and deficits that have had in the past are taken into account and they currently have PPPs in other countries of the region and the world. Problems that are widely documented and that can serve as lessons learned to avoid damages and enhance the benefits of this contracting modality to strengthen national infrastructure.
* The information provided has been modified according to the website of the Head of Cabinet where the new government management has modified the number of national addresses. It is important to clarify that they are still updating the contents of the site according to Decree 7/2019.
Authors
Sofia Brocanelli
Gonzalo Roza
Contact
Gonzalo Roza, gon.roza@fundeps.org
The Inter-American Development Bank (IDB) began the process of public consultations on the new Framework for Environmental and Social Policy. It will have both face-to-face and virtual instances and will be extended throughout the year 2020.
“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”.
With a statement on its website, the IDB announced the start of virtual and face-to-face public consultations on the draft of the new framework for environmental and social policy. According to the bank, this new framework aims to strengthen the environmental and social sustainability of the bank’s operations and, in turn, be more effective in responding to the challenges faced by the countries of the region to achieve the long-awaited growth. sustainable.
The Environmental and Social Policy Framework contemplates safeguards policies, lessons learned and good practices accumulated over the years. In addition, the policy mentions the bank’s commitment to environmental and social sustainability, and the 10 performance standards that borrowing member countries must meet.
Also, the draft policy contemplates environmental and social risks and impacts and highlights advances in human rights, gender equality, non-discrimination and stakeholder participation.
According to the consultation plan approved by the IDB Executive Board, the public consultation process will be significant, inclusive and transparent. However, a large part of civil society that has been working on agendas linked to the IDB over the last few years doubt that this is really the case, being guided by the bad experiences of the most recent public consultations carried out by the institution, which They characterized by their shortcomings in terms of public participation and transparency.
In-person consultation processes will take place at the Bank Headquarters in Washington D.C. and in some countries of Latin America and the Caribbean, Europe and Asia. Those interested in participating in face-to-face consultations may do so by registering here.
On the other hand, those who want to participate in virtual consultations, can send comments on the draft of the new policy through the website www.iadb.org/es/mpas or by sending an email to bid-mpas@iadb.org. The first phase of comments can be made until April 17.
Why is it important to participate?
For several reasons, it is necessary that civil society, citizens and, above all, indigenous communities and communities affected or potentially affected by IDB or IDB Invest operations actively participate in this process, contributing their experience and its recommendations and suggestions regarding the environmental and social safeguards of the institutions.
First, because both the IDB and the IDB Invest are, today and despite the diversification of financial actors operating in the region, key actors in financing for development in Latin America and the Caribbean. According to the Bank itself: in 2018, with a historical amount of US $ 17,000 million approvals, the IDB and the IDB Invest were consolidated as the main source of multilateral financing for Latin America and the Caribbean. The IDB approved a total of 96 sovereign guaranteed loan projects for a total financing of more than US $ 13.4 billion, and disbursed more than US $ 9.9 billion. In turn, 2018 was a record year for IDB Invest, with approvals of US $ 4,000 million, 26% more in volume and 21% more in number of transactions than the previous year. The IDB Invest extended its support to sectors such as infrastructure and Fintech, adding to education, tourism, water and sanitation, transport and energy. In the case of Argentina, the IDB has historically been the main multilateral partner for the country’s development, with an average of recent annual approvals of US $ 1,360 million. The current active portfolio with the public sector is 54 operations for an approved amount of US $ 9,206.4 million and an unpaid balance of US $ 3,874.7 million, according to the information provided by the Bank itself.
Second, because a robust and effective system of environmental and social safeguards is key to avoiding the impacts at the socio-environmental level that, in many cases, bring infrastructure projects financed by institutions such as the IDB or the IDB Invest. When the design, application or implementation of environmental and social safeguards fails in these types of projects, the impacts and consequences especially in the communities involved are often complex, and unfortunately in many cases, irreversible. Cases such as Camisea in Peru or Hidroituango in Colombia reflect the bitter consequences of the bad, or even the lack of application of socio-environmental safeguards in projects financed by the IDB Group.
Third, because an active, informed, responsible and coordinated participation by the key actors of civil society and the indigenous and affected communities of the region would contribute to the objective of avoiding a possible (and latent) dilution of the system of environmental and social safeguards from both the IDB and the IDB Invest. Recent experiences of dilution of environmental and social regulatory frameworks after review and “modernization” processes not only in related institutions such as the World Bank or the International Finance Corporation (IFC), but also in the national regulatory systems of the countries of The region clearly reflects a trend that the IDB Group seems not to want to escape.
Sofia Brocanelli
Gonzalo Roza
Contact
Gonzalo Roza, gon.roza@fundeps.org
On January 7, 2020, the national government announced the updated list of products included in the “Care Price” program, which includes 310 articles of various consumer categories. We analyze the program especially considering the lack of concordance between the choice of food and beverages and the current degree of malnutrition in our country, led by overweight and obesity.
“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 new care price list includes more sweet cookies than whole grains. It contains only one class of legumes, numerous options of sugary and alcoholic drinks, table sugar. Only four vegetables and one type of fruit, cuts of meat with high fat content and products derived from it highly processed as medallions of industrial meats and sausages. It also offers yogurts and dairy desserts with high sugar content and highly processed industrial broths, mainly exceeded in sodium.
This program includes various products included in the basic food basket, whose structure dates from information provided by the National Survey of Household Expenditures (ENGHo) 1996/97, re-validated with the consumption pattern thrown by the same 2004/05 survey . This basket, although it reflects eating patterns of the Argentine population, reinforces the consumption of less healthy and strongly entrenched foods at family tables today.
These types of economic public policies, due to the nature of their impact, also form part of the food policies. In this regard, they should be planned and designed while integrating the standards proposed for healthy eating by human rights organizations and recognized international institutions such as the World Health Organization (WHO), the Pan American Health Organization (PAHO) and Food and Agriculture Organization of the United Nations (FAO).
In line with these recommendations, it is necessary to encourage the consumption of whole grains and legumes, as well as fruits and vegetables, since they are the foods with the lowest consumption in our country despite their high nutritional quality. Also contribute to increase the consumption of lean fish and meats before highly processed meat products and also stimulate the consumption of drinking water instead of soda and excessively sugary juices.
The “care prices” program, as well as its previous versions, does not respect in any way the guidelines that organizations such as PAHO, WHO and FAO are recommending in order to reduce the current epidemic of overweight and obesity that leaps and bounds grows. Currently in our country, according to the Second National Survey of Nutrition and Health (2019), 67.9% of the adult population is overweight as well as 41.4% of the child population.
Likewise, these price agreements grant a preponderant role to the ultraprocessed products industry in the definition of food policies. The State, understanding the alarming panorama of excess weight in our population, must regulate based on scientific evidence and boost the consumption of quality food, while discouraging the consumption of unhealthy products.
In this way, policies must be thought of in an integral manner, even when the “Care Price” program is intended to contain the inflationary process and reduce its impact. As the doctor Luis María Delupi maintains, it is about:
“… A purely economic measure that arises from the Ministry of Economy, not that of health and that seeks to put an anchor price on most of the“ foods ”chosen by most Argentines and that are reflected in the basic family basket, seeking Resolve the emergency from the economic. But it is far from being a stimulus to the consumption of healthy and nutritious foods. ”
Concluding on the basis of all the above, it is stated that this policy promotes the consumption of foods rich in fats, sugars, sodium and refined flours; poor in vitamins, minerals and fiber and of very poor nutritional quality. It thus becomes less convenient and less accessible to consume real, quality food, without packaging, with few ingredients and nutrients. So, what can we demand from healthy habits and customs to a population whose consumption is strongly violated by an unfavorable environment when it comes to accessing and choosing healthier options?
Author
Agustina Enei
Contact
Agustina Mozzoni, agustinamozzoni@fundeps.org
Following the opportunity represented by the change of management at the municipal level, we want to express ourselves on key issues for the future of our city. Therefore, we jointly address other Cordoba organizations to the new Mayor of Córdoba, Martín Llaryora, with the aim of making recommendations regarding structural problems that cause serious damage to human rights.
“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”.
Within the framework of the assumption of the new municipal management, there are unattended situations for years that need an urgent response. Through an open letter, we announce in ten points what these problems are and we make ourselves available to the new cabinet to work in an articulated way.
The ten points are summarized in:
- Environmental and health emergency in the Chacras de la Merced neighborhood
- Solid Urban Waste
- Urban Planning and Development
- Gender parity in the cabinet
- Trans labor inclusion and quota law
- Access to Legal Disruption of Pregnancy in Primary Care Centers
- Application of the Micaela law
- Access to public information
- Healthy school environments
- Smoke-free environments and protection of the non-smoker
These are 10 points, which are not exhaustive or exclusive of other problems, but require an urgent response because of the critical situations they represent. We hope that in the next 4 years we can articulate a joint work to continue advancing in the fulfillment of the human rights of the Cordoba community.
Contact
Carolina Tamagnini, carotamagnini@fundeps.org