The purpose of this document is to address key concepts around trans fats: their health effects, uses by the food industry, regulatory efforts that are being made both internationally and regionally to reduce their presence in products. food and current regulations in Argentina along with its main challenges. It concludes with the proposal for regulatory improvement presented by civil society.
The VI Regional Forum on Business and Human Rights in Latin America and the Caribbean was held virtually from October 4 to 6, 2021, under the slogan “Building the business and human rights agenda for the next decade.”
“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”.
Ten years after the adoption of the Guiding Principles on Business and Human Rights (PRNU), the Forum was a great opportunity for reflection on the pending challenges and offered a space for dialogue between governments, companies, society civil society and other interested groups such as indigenous peoples, workers’ organizations and international organizations, on trends, challenges and good practices to prevent and address the negative impacts of companies on human rights.
The next decade of the Guiding Principles calls especially on the States of the world to redouble their commitments and take concrete actions to create the enabling conditions for the respect of human rights by companies. However, the participation of other interested parties in the framework of the construction and implementation of the business and human rights agenda has not only proven to be a necessity for legitimacy but also a guarantee for its effectiveness and continuity.
Furthermore, the current world situation and the context of economic reactivation and climate crisis, emphasize the importance of the existence of a business and human rights agenda committed to addressing structural problems that are exacerbated, such as inequality, poverty and informality. and in mitigating the negative effects on human rights caused by the pandemic.
In this scenario, reflect among the different parties involved on the opportunities in the region to build greater coherence between the related agendas and move decisively towards the prevention, mitigation and repair of the negative impacts of business activity on human rights and the environment, it becomes fundamental.
In line with its purpose, during the VI Regional Forum experiences have been discussed and shared in different areas that were included in panels such as: “The consolidation of international coherence for the next decade of Business and Human Rights in the region”, “The role of civil society”, “Instruments of public policy in Business and Human Rights”, “State of the process towards a legally binding instrument on Business and Human Rights”, among others. It should be noted that, prior to the start of the Forum, on October 4, there were different preparatory sessions. From Fundeps we also participate in the preparatory session for Civil Society Organizations.
We celebrate the enrichment of this meeting and reaffirm the need to continue actively participating and strengthening this type of spaces that seek to contribute to a greater implementation of the UNRP in Latin America and the Caribbean through greater appropriation and collective construction of concrete recommendations aimed at States, companies and other parties involved.
We also hope that the dialogue will be fruitful for all the actors and give a boost to the different initiatives in force at the global level for the protection and respect of human rights (such as the National Action Plans on Business and Human Rights or the International Legally Binding Instrument on Transnational Companies and other companies with respect to Human Rights) and that is not only limited to good intentions but also really serves to improve the relationship between business activity, workers, the environment and local communities.
More information
VI Foro Regional sobre Empresas y Derechos Humanos en Latinoamérica y el Caribe
Se realizó el V Foro Regional sobre Empresas y Derechos Humanos para América Latina y el Caribe – Fundeps
We present comments on the draft treaty on business and human rights –Fundeps
The V Regional Forum on Business and Human Rights for Latin America and the Caribbean was held – Fundeps
Author
Contact
Gonzalo Roza, gon.roza@fundeps.org
Aimed at organizations, assemblies, associations and interested people in general, on Friday, October 15 and 29 at 4:00 p.m. we will carry out two virtual meetings, which will aim to provide theoretical and practical tools on access to public environmental 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 first workshop will have as main speaker Laura Foradori, lawyer, researcher, specialist in Environmental Education and university professor. It will focus on the importance of access to public environmental information, its regulatory framework and the obligations of the State. In addition, there will be a space for dialogue and exchange of experiences with the people present.
The second workshop will have as speaker Ana Di Pangracio, lawyer, Counselor of the International Union for the Conservation of Nature (IUCN) and Deputy Executive Director of the Environment and Natural Resources Foundation (FARN). The talk will address the Escazú Agreement and the tools it provides to guarantee the right of access to public information as a fundamental component of an environmentally committed citizenry.
Throughout the cycle, practical activities will be carried out and tools will be provided to make requests for access to information on environmental matters, with subsequent support from Fundeps.
Registration is free and free through this form and you can participate in the full cycle or in each of the meetings individually.
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
Within the framework of the day of access to public information, we presented the document “Access to Information in Argentina. Difficulties and lessons learned accessing information on infrastructure and energy projects with Chinese financing in the country ”.
The People’s Republic of China is the second world economy, with great relevance in international trade and financing and the provision of direct foreign investment, being Latin America, and in particular Argentina, one of the largest recipients of investments in infrastructure of Chinese origin .
Despite this, one of the main challenges that arise when analyzing the growing Chinese financing of projects both in the region and in Argentina, is the lack of transparency and the difficulty in being able to access detailed, accurate and official information about of these projects. Thus, in many cases, the scant information available about the investment amounts, the actors involved, the financing conditions or even the particularities of the projects, make it difficult to carry out a detailed follow-up and monitoring of them and even their impacts. and implications for the country or region where it is carried out.
At the same time, the evaluation of China’s compliance with the principles enshrined in the Universal Declaration of Human Rights carried out by the United Nations in the framework of the Universal Periodic Review (UPR) shows that many development and infrastructure projects of Chinese companies are not compatible with human rights, nor respectful with the environment and the sustainability of natural resources, causing impacts not only economic but also social, environmental and cultural. Hence, the information on these projects must necessarily be transparent and provided in a timely and efficient manner, especially to those communities and populations that are affected by them.
Starting from this panorama, this publication seeks to identify difficulties and lessons learned from the practical experience of accessing information on infrastructure and energy projects with Chinese financing in Argentina. For this purpose, a series of requests for information were made within the framework of the Law on Access to Public Information No. 27,275 in force in the country. Likewise, the experience of access to information from state and non-state sources was evaluated, mainly portals and journalistic media that focus on Sino-Argentine ties.
Based on the identification of some of these existing difficulties when accessing information on the subject, reflections and lessons learned are provided that feed a list of recommendations aimed at strengthening the right of access to information in Argentina.
Transparency and correct and timely access to information are presented as key elements to better understand the growing participation of China in the financing of infrastructure and energy projects in our country. Precisely, access to information, transparency and infrastructure projects should go hand in hand if you want to achieve sustainable and quality infrastructure.
More information
- Status of the emblematic projects with Chinese financing in Argentina – Fundeps
- The Role of Latin America in the Belt and Road Initiative – GREFI
- Overview of Chinese investments in Latin America: the cases of Argentina, Colombia, Mexico and Peru – GREFI
Contact
- Gonzalo Roza, gon.roza@fundeps.org
This report seeks to identify difficulties and lessons learned from practical experience accessing information on infrastructure and energy projects with Chinese financing in Argentina.
Faced with the excessive delay due to the enactment of the front warning labeling law in the Chamber of Deputies, we submitted requests for information to the Anticorruption Office and the Transparency Office of the lower house in order to determine the potential existence or non-existence of conflicts of interest that could be affected to its sanction.
“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”
Throughout the debate on the front labeling law, it has been possible to glimpse cases of legislators who have adopted many of the narratives used by the food industry to obstruct or prevent the sanction of the regulation. For example, statements regarding the need to previously harmonize with Mercosur, the creation of technical barriers to trade, the demonization of food, the impact on jobs, among others. These arguments are characterized by being devoid of scientific evidence and lacking normative support. Well, far from being motivated by a public health interest, they are aimed at protecting the economic interests of the sector.
The bill has been in the Chamber of Deputies for almost a year and if it is not dealt with this year, it will lose parliamentary status. Faced with the questions that arise regarding the possible reasons that delay its approval, the potential existence of conflicts of interest in those who make up the Chamber, is presented as an unknown that deserves to be investigated and made visible by civil society organizations.
The Argentine legal system provides for a set of ethical principles and standards that the authorities are obliged to respect in order to guarantee that the public function is exercised in an integral and transparent manner. Among these rules, there is the regime of conflicts of interest, which establishes a series of measures and restrictions that are intended to prevent those who exercise public functions from being affected by their impartiality -or independence of criteria-, by putting their interests first. private over the public interest.
Based on this legal framework of transparency and in exercise of the right to petition the authorities, on September 6, we presented two requests for information: one, before the Anti-Corruption Office and another, before the Office of Transparency and Access to Information Public of the Chamber of Deputies of the Nation.
In this way, we request the affidavits of assets from legislators who have publicly and officially expressed themselves against the sanction of the law and which, to date, have not been published on official sites. Likewise, we request access to the list of meetings that these authorities – and their advisers – have arranged, in order to determine if there were meetings with the food industry where agreements that are affecting their impartiality have been generated, as well as the list of gifts or donations. that they may have received on the occasion or occasion of their functions.
We will continue to investigate possible avenues for complaint and urge the Anti-Corruption Office to promptly respond to the request for information submitted. The presence of conflicts of interest affects the quality of the political system and the functioning of democracies. It generates a gradual disbelief in the population about the legitimacy of public decisions and gives rise to interests outside the common good to interfere in the processes of public policy making. Making visible generates awareness in the public and is the way so that these practices are no longer legitimized.
More information
Authors
Alma Colina
Maga Merlo Vijarra
Contact
Maga Merlo Vijarra, magamerlov@fundeps.org
Last April 2021, the Office of Evaluation and Oversight (OVE) of the Inter-American Development Bank (IDB Group) published the Evaluation of the Independent Consultation and Investigation Mechanism (MICI). After the evaluation, the MICI has modified its policy, excluding the clause that prevents the registration of complaints that are part of open national judicial processes.
The evaluation carried out tried to determine if the MICI is effective and efficient in three areas: (1) the resolution of complaints, (2) the promotion of institutional learning, (3) accessibility, objective independence, impartiality and transparency. Finally, OVE made 5 general recommendations on how the Board, the Bank, and the MICI can improve the application of the IDB’s social and environmental safeguards.
In general, the document identified elements that impede the effective functioning of the MICI, including accessibility barriers, unnecessary limitations to its independence, and a systemic lack of remediation by the IDB Group when projects do not comply with safeguards. Fundeps, together with other civil society organizations, decided to publish a response and send recommendations / comments to the MICI.
Below, we summarize our points of discussion and concern for each of the recommendations made by OVE:
Recommendation # 1 – Implement and improve the Bank’s management system for environmental and social claims: We agree with OVE’s findings that show that the requirement for communities to make prior contact efforts with the Administration is a problematic barrier for access to the MICI. Affected persons who present complaints to the MICI have experienced first-hand the ineffectiveness of presenting certain complaints to the Administration. However, OVE’s proposal to establish a Bank’s own management mechanism is a measure that we consider incomplete. To ensure the effectiveness of the mechanism and the Bank, it would be best to remove the requirement that the communities first contact the Administration.
Recommendation # 2 – Repeal the legal exclusion: The report’s findings on the impropriety of the legal exclusion, and its severe restriction on accessibility, are clear. We applaud the report for mentioning that the legal exclusion should be removed. The role of an accountability mechanism within an institution is unique and different from judicial procedures. A mechanism should examine compliance with the institution’s own standards, a mandate that does not overlap with the courts or tribunals. With the approval of the OVE Evaluation by the Board, the decision to remove the legal exclusion becomes effective as of July 1, 2021. However, the resolution approving the removal of the legal exclusion should be publicized or published. to ensure that the decision to remove this requirement is widely known.
Recommendation # 3 – Strengthen the independence of the MICI: The importance of the independence of the MICI, as well as other accountability mechanisms, cannot be stressed enough. Independence is an essential condition for other attributes such as objectivity, impartiality, and transparency. The report finds the need for the MICI to ensure the approval of the Bank’s Board of Directors before starting the investigations, as a major problem that has generated “situations that compromise the independence of the mechanism.” From civil society we believe that to ensure its independence, the MICI should have the authority to determine when to initiate an investigation without approval from the Board. This is a good practice that, as noted by the report, is adhered to by many other mechanisms. As an alternative to the current policy, to mitigate the detrimental effect on the independence of the MICI, the policy should be updated by specifically and closely outlining the technical reasons for the Board to review the MICI’s decision to initiate an investigation.
Recommendation # 4 – Ensure corrective action when there are findings of non-compliance and associated damage: The Evaluation clearly stated the lack of remedy for cases of verification of compliance being that “they have not had concrete results for the applicants, despite the findings of non-compliance and related damages established by the MICI ”. We have seen this in our case work. The recommendation of the Evaluation so that all the actors – the Board of Directors, the Administration and the MICI – adhere to the practice of consistently providing corrective actions, is a step in the right direction. However, this result would be best achieved with a clear change in the policy that includes points such as: (a) Consultations during the development of corrective action plans, (b) approval of action plans based on their sufficiency, (c) monitoring compliance with action plans, and (d) alerting the Board of Directors in cases of non-compliance with the plans. Finally, while OVE’s assessment documents multiple instances in which communities have been left without remedy, despite compliance verification reports finding a cause of harm in the Bank’s non-compliance, unfortunately no recommendation is provided for these communities.
Recommendation # 5 – Strengthen the internal capacity of the MICI: One of the focuses of the MICI Evaluation of its internal functioning is the dependence on the model of consultants for the staff. The importance of MICI staff in relation to their effectiveness in resolving complaints is evident. The Bank should commit to providing the human and financial resources necessary to implement this change and avoid that the lack of human resources translates into delays during the complaint processes. The Bank should also ensure the increase of its capacity in terms of resources as necessary.
Now, from civil society we consider that public and inclusive consultations are required for the implementation of all the recommendations. Likewise, we believe that the implementation of these recommendations will require changes to the MICI policy. The steps taken to ensure compliance with social and environmental safeguards and accountability in cases of non-compliance should be reported by those affected by the projects (who live and work in the implementation sites). To hear from those affected and their representatives, the IDB and the MICI should consult publicly about their plans to implement the
OVE recommendations.
The MICI plays a fundamental role within the IDB, providing a channel for the people affected by the projects, beneficiaries of the Bank’s work, to file their claims in search of remediation. However, as OVE’s Evaluation makes clear, there are gaps in the current practices of the MICI – and related practices of the Board and Management – that prevent the effectiveness of the mechanism. To ensure the legitimacy of the MICI, the Bank has to act to address these issues fully.
More information:
Internal IDB evaluation raises the need for reforms in the operation of the MICI
Autora:
Agustina Palencia
Contacto:
Gonzalo Roza – gon.roza@fundeps.org
This report sets out the various legal arguments supported by the non-alcoholic food and beverage industry, as well as by the advertising industry, against the sanction of the Healthy Eating Promotion bill; and then refute them based on legal arguments and scientific evidence free of conflicts of interest.
Faced with the ruling of the Federal Court of Appeals of Salta that intends to validate that “every citizen” can request the suspension of the law of voluntary interruption of pregnancy, a group of civil society organizations filed an appeal before the Supreme Court of Justice of the Nation (CSJN).
“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”.
Amnesty International (AI), the Latin American Justice and Gender Team (ELA), the Women x Women Foundation (MxM), the Foundation for the Development of Sustainable Policies (Fundeps) and the Center for Legal and Social Studies (CELS) requested the highest court of Justice in the country to reject any attempt to restrict the rights of women, girls, adolescents and people with childbearing capacity.
Although the ruling of the Chamber of Salta does not affect the validity of Law 27,610, it is imperative that the CSJN accompany its own jurisprudence on the right to legally interrupt a pregnancy (FAL ruling) and the decisions that from the sanction of the law has issued the judiciary around the country, and rejects actions that seek to prevent women from exercising their right to a legal abortion.
The law of access to voluntary interruption of pregnancy meant a feminist conquest in line with international human rights law. It was approved by Congress after a broad and participatory debate.
Admitting that any citizen can act on behalf of the “unborn” against the rights of women and people with childbearing capacity is contrary to the National Constitution because it violates their right to make autonomous decisions within their private sphere and without interference by third parties, the principle of division of powers and self-restriction of the Judiciary, and the constitutional guarantee of due process.
On the facts
In December 2020, the former Salta senator María Cristina Fiore Viñuales filed a lawsuit against the Protocol for the Comprehensive Care of People with the Right to Legal Interruption of Pregnancy of 2019. She then expanded her petition requesting the unconstitutionality of Law 27.610 This action was considered inadmissible in the first instance. On August 27, the Federal Court of Appeals of Salta reversed that decision.
In addition to validating the collective representation of fetal life, the lawsuit sends out a worrying message because it reinstates a violent network against women who decide not to continue with a pregnancy. It not only calls for the suspension of the law, but also requests that measures be ordered that could involve violence against women.
Additional Information
The signatory organizations had already appeared in the cause in April of this year on behalf of the group of women and people with other gender identities with the capacity to gestate.
Today they arrested a doctor at the Juan Domingo Perón Hospital, in Tartagal, in Salta, for practicing a Legal Interruption of Pregnancy. The practice was requested by a patient of legal age, in full exercise of her autonomy. To apply for the practice, he traveled more than 53 kilometers to the hospital. The 21-year-old girl was in the 22nd week of pregnancy.
“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”
When she was received at the health center, she was cared for by an interdisciplinary team made up of a doctor, a social worker and a psychologist. He had separate interviews with each of them, who also informed the director (manager) of the hospital, who found that it was the causal health and that it was duly justified.
Article 86 of the Penal Code allows abortion until week 14 without having to give explanations about the reasons for doing so. It also allows abortion if the pregnancy to be interrupted was the product of rape or if the life or integral health of the pregnant person was at risk. The latter was the case of the young woman from Salta.
The young woman was accompanied throughout the process and was cared for by professionals who guaranteed her rights and listened to her.
From within the hospital, professionals opposed to the comprehensive health of women, seeing that they could not interrupt the process, decided to summon the young woman’s family. In this way, they violated his right to confidentiality and contravened his will.
Her relatives arrived in the middle of the procedure and the young woman had a moment of doubts, but immediately decided to continue with the procedure and expressed it. It is important to note that the complaint to the doctor was not made by the young woman, whose rights were not violated, but by a relative.
The procedures performed by the medical team are within the law and each step taken was accompanied with conviction by the hospital management and recorded in the medical record. The doctor who was arrested today in an intimidating and disciplinary scene in her workplace, is the only non-objector professional, who guarantees the right to comprehensive health for women and other people with the ability to gestate in the area. This afternoon she was released.
We believe that it is essential to respect the privacy of the young woman, as neither the objector doctors who called relatives, nor the media that fall into morbidity without real data, nor the judicial power that could have saved the staging of the disciplinary detention. It is also essential that those who put obstacles to access the rights arising from a democratic society receive the corresponding sanctions.
Guaranteeing rights is not a crime.
Firms:
- Amnistía Internacional Argentina
- Católicas por el Derecho a Decidir
- CEDES
- CELS
- ELA
- Fundación Huésped
- Fundeps
- FUSA AC
- Mujeres x Mujeres
- REDAAS
From Fundeps, SANAR, FIC Argentina, Fagran and Argentine Consumers we sent a proposal to the National Food Commission (CONAL) for Argentina to move towards a more restrictive regulation of trans fats and that prohibits the use of partially hydrogenated oils.
“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 different organizations proposed to CONAL to modify article 155 tris of the Argentine Food Code (CAA). Said article currently establishes that:
the content of industrially produced trans fatty acids in food must not exceed: 2% of total fats in vegetable oils and margarines intended for direct consumption and 5% of total fats in other foods, including those that They are used as ingredients and raw materials.
In this sense, we propose that a maximum limit of the content of trans fatty acids (TFA) of industrial production of 2% with respect to total fats in all products be established. Including those that are used as ingredients and / or raw materials, and also prohibit the use of partially hydrogenated oil.
The proposal arises given that the consumption of trans fats is dangerous for health, since it increases the risk of cardiovascular diseases, sudden cardiac death and diabetes mellitus, among other diseases. In other words, the available scientific evidence establishes that these fats are not essential, they are not required for any biological function in the body and they do not have any health benefits.
It is essential to improve regulation, since despite the recent modifications incorporated in article 155 tris of the CAA where it was clarified that the restriction and maximum limits of trans fats include raw materials and ingredients, it continues to be insufficient.
In addition, although the State has worked since 2010 to reduce the presence of trans fatty acids in the supply chain, there is currently an outdated approach to the limits proposed by international expert organizations in the field. An example is the WHO REPLACE (2018) package of measures that aims to eliminate TFA from the food supply and the “Action Plan to eliminate trans-fatty acids from industrial production 2020-2025”, launched in 2020, which seeks to facilitate the implementation of policies and measures at the national level. In both documents, it is recommended to adopt regulatory frameworks to eliminate or reduce the content of TFA to a maximum of 2% of the total fat content in all food products. If this recommendation is coupled with a ban on partially hydrogenated oils (APH), it may have an added effect by allowing enforcement against other sources of trans fatty acids, such as poor quality refined oils.
About trans fats:
Industrial trans fatty acids, known as “trans fats,” are present in a large number of processed foods such as baked goods, baked goods, cookies, and snack foods. These fats are made by the food industry through a process called “hydrogenation”, which transforms liquid vegetable oils into semi-solid fats.
A large body of evidence has shown that increased consumption of trans fats has serious health consequences. According to WHO studies, they are an important factor in the development of cardiovascular diseases and non-communicable diseases worldwide, causing an estimated half a million deaths each year.
More information:
- Proposal
- Trans fats in Argentina: what is the regulation like?
- Grasas trans, más allá de un riesgo para la salud
Contact:
Maga Merlo Vijarra, magamerlov@fundeps.org
In conjunction with Fundación TierraVida and Ecohouse Córdoba, we formulate contributions for the formulation of general guidelines for conducting training within the framework of the Yolanda Law.
“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 a note addressed to the Secretary of the Environment of the Province of Córdoba, we presented guidelines for the design of the general guidelines within the framework of the Yolanda law. These guidelines allow directing the methodology and content that will be part of the training received by people who exercise public functions within the framework of the regulations.
The contributions focus mainly on those primary content, procedural and methodological, operational and epistemological issues. Each of the points provided, present the reasons why we believe that they should be taken into account for the purposes of an efficient application, which allows the appropriate approach in accordance with the objective of the law.
We trust that the participatory instances will enrich the guidelines, and consequently the trainings that are ultimately dictated. Likewise, it is valuable that those pillars on which the training is based enjoy legitimacy on the part of civil society organizations and citizens in general.
More information
- We participate in the preparation of the general guidelines of the Yolanda law
- We make contributions to the basic guidelines of the Yolanda Law
Contact
Juan Bautista López, juanbautistalopez@fundeps.org