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We make contributions to the basic guidelines of the Yolanda Law

With the enactment of National Law No. 27,592-Yolanda Law-, the national State established mandatory training in environmental matters for people who exercise public functions.

“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 new regulations, the enforcement authority (the National Ministry of the Environment) summoned civil society organizations and scientific institutions specialized in the matter, in order to establish the “General Guidelines” for training. To this end, the Ministry made available a base document for making comments and a web form.

From Fundeps, after analyzing the base document, we present contributions related to the so-called epistemological axes that should guide the training. We also made comments on the teaching-learning methodological alternatives to be adopted.

It remains to be noted that the document proposes certain “mandatory” topics for the entire state sector and others of an “optional” nature. However, the generality in the formulation of the conceptual contents is generic and presents several disadvantages depending on the perspective adopted on the subject. For this reason, we suggest certain core minimum contents in which the training program must be established within the framework of the Yolanda Law.

Training in environmental matters is essential for institutional design, public policy development and judicial decision-making, thus understanding the three functions that the State exercises (legislative, executive and judicial). It is necessary that the issues to be addressed present a strong commitment to the state function to guarantee the sustainability of life and the enjoyment of fundamental rights.

More information

The province of Córdoba adhered to the Yolanda Law

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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ABC of Public Budget

Together with the organizations Andhes, Nuestra Mendoza and Salta Transparente, we have prepared a report that gives an account of how public budgets are created in the provinces of Córdoba, Tucumán, Mendoza and Salta, as well as the availability of information around them and the existence or not of participation mechanisms.

“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”.

Determined to strengthen the mechanisms of publicity, accountability and citizen participation, the Fundeps, Andhes, Nuestra Mendoza and Salta Transparente organizations prepared a report that explains the public budget formation cycle in the 4 provinces, as well as its execution and control by part of the public authorities.

The budget is a key element of public management, it defines the public policies that a government will carry out, determines how much will be collected and invested in public policies over a specific period, which is usually a anus.

The ABC report of the Public Budget seeks to answer the following questions, how is the public budget cycle in each of the provinces under analysis? What are your times and what key actors are involved? Is this information available? Does the citizenry have spaces for citizen participation?

To this end, the legal frameworks of each province, the stages of the provincial budget processes – elaboration, debate and approval, execution and control – were analyzed, identifying in each of them the key actors involved, the times of the process and which ones. they are the most relevant documents that result in each instance. Finally, for each province, the level of publicity and dissemination of budget information was analyzed, as well as opportunities for citizen participation, giving recommendations adapted to each situation.

In an instrument as relevant as the public budget that has a direct impact on the exercise of people’s human rights, it is necessary to guarantee, on the one hand, the highest levels of dissemination, publicity so that it is accessible to all citizens. , as well as instances and mechanisms of citizen participation that contribute to the construction of a more just and inclusive society.

DOWNLOAD REPORT

Contact

Nina Sibilla, ninasibilla@fundeps.org



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ABC of the public budget in the provinces of Mendoza, Salta, Tucumán and Córdoba
This report gives an account of how public budgets are created, executed and controlled in the provinces of Córdoba, Tucumán, Mendoza and Salta, as well as the availability of information around them and the existence or not of participation mechanisms. It was carried out in conjunction with the Andhes, Nuestra Mendoza and Salta Transparente organizations.


               

               
               
               Descargar Documento / Download File


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Access to Public Information Agency: organizations request a meeting with the Chief of Staff to promote new authority
Civil society organizations asked the Chief of Staff, Santiago Cafiero, a meeting to discuss the need to start as soon as possible a new selection process for the highest authority of the Agency for Access to Public Information of the Executive Branch of the Nation, vacant position since January 1, 2021.


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


A group of organizations made up of the Civil Association for Equality and Justice (ACIJ), the Regional Alliance for Free Expression and Information, Network Democracy, Legislative Directory, the Foundation for the Development of Sustainable Policies, Citizen Power and the Fundación Vía Libre, this June 18 sent a request for a meeting to the Chief of Staff to express the need for the Access to Public Information Agency to once again have a Director formally designated for that role.


After the selection process that began in February and whose public hearing took place on March 23, the Executive Power did not advance with the first proposed candidacy. Faced with this situation, Law 27,275 establishes that the deadline to start the selection procedure again is 30 days, a period that has already been exceeded.


The Access to Public Information Agency is a fundamental institution for the democratic system, which is why the absence of its highest authority threatens its proper functioning and, consequently, the exercise of its functions. Among these, the role of ensuring full transparency of all the institutions and entities under the orbit of the Executive Power stands out (which is achieved by centralized and decentralized public administration bodies, public companies and with state participation, public service concessionaires, State contractors, among others). In turn, it must ensure the protection of the right to privacy and the full application of the Law on Protection of Personal Data.


In their letter, the organizations highlight the importance of creating open instances to discuss the profile required for the person who is proposed, and that this leads to the prompt appointment of a new authority and the consequent normalization of the operation of the the Agency for Access to Public Information.


I accessed the letter here.


 


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Equity in the media: why and for what?
In the early morning of June 11, the Law of Equity in the Representation of Genders in the Communication Services of the Argentine Republic was enacted. A Lley product of the feminist struggles in favor of a democratization in the media organizations in both labor spheres and as producers of meaning.


“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 media have a fundamental role in the construction and reproduction of meanings and representations about social and subjective reality. As such, they can contribute to the support and justification of inequalities or they can question them, both from their speeches through the content they produce and disseminate as well as within themselves, being understood as work spaces with a specific labor organization.

Investigating how media content is produced, who produces it, what is their training and trajectory, and what place each one occupies within the media allows us to have a map of the situation to address the violence and structural gender inequalities that they reproduce within these spaces.

The media companies, specifically the large commercial media, are characterized by their work structure founded from an androcentric approach. What has conditioned the income, permanence, development and work performance of women and, of course, has excluded transvestite, trans, intersex and non-binary people.

This is visible in the labor trajectories differentiated by gender:




Source: Chaher and Pedraza (2018). Media and gender organizations. Córdoba: Fundeps, Communicate Equality.


To make this graph, only binary data were obtained in terms of gender, that is why it has not been possible to reconstruct work trajectories taking into account the diversity of identities, such as transvestites, trans, intersex and non-binary people. At the time the investigation was carried out, there was only a single trans person working in one of the Córdoba media. Currently there is some progress in this regard, although it remains insufficient. It is possible to recognize the structural gender inequalities that make it difficult, even more than for cisgender women, to access employment, particularly in these types of companies with diverse and dissident identities.


Now, when observing the graph, it is possible to notice that although most of the people who graduate from careers related to communication in the city of Córdoba and Buenos Aires are women, less than half of them go to work in the media commercial. Even fewer are promoted to higher positions, a situation that is reproduced again, although with a deeper inequality, in union spaces.

These career paths are traversed by personal paths. Unpaid domestic and care work falls mainly on women and femininity, affecting their autonomy. As a result, they are the majority among part-time workers and hired under precarious regimes in order to reconcile their working life with unequally distributed care responsibilities. To this must be added micro-chauvinisms and all types of violence that are combined with masculinity pacts, which perpetuate these unequal and exclusive structures.


The lack of gender and care policies, as well as the lack of gender awareness and training in a transversal manner, or the delegation of this responsibility to feminist communicators and gender editors, are some of the obstacles that many of the media companies most important in the country have not been able to overcome. Even in a context of profound changes in favor of gender equality and the demands of the audiences.


What does the law say?


The recently enacted Law of Equity in the Representation of Genders in Communication Services of the Argentine Republic is inserted in a national and international legal framework and of historical claims of various social and feminist movements, of which it is the result. Claims that were previously reflected in national legislation, such as Law 26,485 on Comprehensive Protection to prevent, punish and eradicate violence against women in the areas in which they develop their interpersonal relationships, Law 26,743 on Gender Identity and the Law 26,522 of Audiovisual Communication Services, among others. As well as public policies, such as the creation of the Public Defender’s Office and the AFSCA, were the result of the commitments assumed by the State in the fight against gender violence.









Its purpose is “to promote equity in the representation of genders from a perspective of sexual diversity in communication services, whatever the platform used” in all the country’s communication media, although it is only mandatory for those of management state. This law does not seek parity, but goes further: it is based on the principle of equity and the inclusion of all gender gender identities in all positions of the media labor structures, breaking with binarism. the promotion of democratization and diversity of voices and their labor structures.


This democratization process from a gender and diversity perspective is understood as gradual, gradual and only mandatory for state-run media, while privately managed media will be encouraged through the preference in assigning official guidelines in cases to carry out measures in the sense proposed by this law.


These positive action measures move away from the punitive paradigm to establish proactive policies that encourage transformations respecting the times and processes of each privately managed media.


In turn, the corresponding authority will be created for the implementation of the law in order to guarantee its compliance.


We celebrate these legal advances that are the result of the insistent struggle of feminist movements, especially feminist communicators and journalists who in their daily practices sustained, and still do, transformations inside and outside their work spaces. We are aware that the struggle does not end with the enactment of a law, but requires a comprehensive and intersectional implementation plan to achieve real equality and make the rights formally sanctioned tangible.


We will keep our attention on the implementation of the law and the public policies designed and carried out to achieve it.









Más información:



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Rights in the Escazú Agreement
On April 22, the Regional Agreement on Access to Information, the Public Participation and Access to Justice in Environmental Matters in America Latin America and the Caribbean- “Escazú Agreement”. On the occasion of world environment day. We present a resource of the rights guaranteed by Escazú.


“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 main objective of the Agreement is to facilitate access to information, to citizen participation and justice in environmental matters, this being fundamental to strengthen democracy, sustainable development and care for the environment. Their Provisions include a gender perspective, open government, and criteria for priority in its application linked to people and groups in the condition of vulnerability. Finally, it incorporates a chapter specifically aimed at protection of human rights defenders in environmental matters.


The principles, rules and norms contained in the treaty are added to the broad and robust range of environmental laws in force in Argentina, reinforcing the rights and duties that govern in this matter. Most of these despite being in force, are systematically breached and injured by the powers of the authorities, particularly with regard to access to information, to the citizen participation and justice.


From Fundeps we elaborated a resource on the Escazú Agreement with information about its content, principles and rights that it guarantees. In addition, incorporates tools for legal information and for access to information environmental.


Faced with a scenario of constant violations of the right of access, it is It is important to know and disseminate the rights that Escazú guarantees to achieve their effective respect and application.


DOWNLOAD RESOURCE


Contact


Juan Bautista Lopez, juanbautistalopez@fundeps.org


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ESCAZÚ AGREEMENT: Access to Information, Public Participation and Justice in Environmental Matters












This resource is intended to publicize the content, the rights it guarantees and the obligations of the State that govern the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean – called the Escazú Agreement. In addition, it incorporates in its annexes tools and models to exercise these rights before the authorities.
































               

               
               
               Descargar Documento / Download File


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The Municipal Environmental Issues Training Process
The Municipality of Córdoba sanctioned ordinance No. 13.103 in November 2020. Even though it is not a question of adhering to the so-called Yolanda Law, it implements permanent and mandatory training in environmental matters at the municipal level.


“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 ordinance obliges all persons who perform municipal public functions to receive training in environmental matters. In particular, the ordinance raises issues such as current regulations, with a focus on climate change, global warming, environmental care and ecological balance, urban solid waste management, the circular economy, biodiversity and the responsible use of resources in the workplace.


Although the regulations provide for a mechanism for access to information for the dissemination of the degree of compliance through various indicators, to date this has not been implemented. However, various events have been announced through the municipal portal in which the trainings were carried out.


In this framework, we request through the municipal platform for access to information, various points about the implementation process to date. The laws and ordinances that guarantee access to public environmental information allow this type of information to be requested in order to monitor public policies.


The truth is that on numerous occasions this type of request is not usually answered, impacting such action on the exercise of these rights. Access to information is a pillar for the defense of collective rights and for an adequate participatory environmental management.


Contact


Juan Bautista López, juanbautistalopez@fundeps.org


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Mobilization to reject the highway in Punilla
On May 20, we accompanied the Argentina Fair, Eco Casa, Córdoba Environment Assembly, Córdoba Environmental Forum and Córdoba Climate Forum in a call to demand the sanction of the Punilla highway project. The complaint was made within the framework of the last day of the project’s public hearing.


“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 result of the public hearings held via the web was overwhelming. 90% of those who participated will express their rejection. Among some of the fundamentals, it is worth mentioning the one that shows that the project crosses 16 water courses, affecting the water bodies of any water dependent on access to drinking water in the communities. Likewise, if it indicates that it involves the affectation of 172 hectares of native forest -red category-, negatively impacting the functions of the ecosystems and the fauna that inhabits there.


In addition, the Environmental Impact Assessment procedure was carried out with notorious deficiencies, affecting citizen participation, a fundamental requirement to grant any authorization. In addition, in the face of this scenario of rejection by the communities, the national State issued Decree No. 295/2021 on May 3, through which it approves its approval for the construction of the highway. This is less problematic, as the Environmental Impact Assessment process is in the middle of the development process.


The EIA process must consider and review all observations. The rejection of the road was the driver of the exhibitions that were held in the public hearing, and must be evaluated at the time of issuing an administrative act. It is not possible to grant an environmental license due to a social license.


Photo: Tomás Medina


More information



Contact


Juan Bautista López, juanbautistalopez@fundeps.org


Advances and stagnations in the rights of LGBTIQA + people: towards material equality
May 17 corresponds to the date on which the World Health Organization removed (31 years ago, in 1990) homosexuality from the list of mental illnesses. That is why on this day the “International Day for the Fight against Discrimination due to Sexual Orientation and Gender Identity” is celebrated and particularly in the province of Córdoba the “Provincial Day for Equality and Non-Discrimination due to Sexual Orientation, Identity and Gender Expression ”. These advances are accompanied by laws that demonstrate achievements but also obstacles in their implementation.


“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”


May 17 is a fundamental day to make visible and raise awareness about the multiple violence suffered by LGBTIQ + people.


By virtue of the incorporation of international human rights treaties into our constitution, eradicating discrimination based on gender is a duty assumed by the State and also a commitment by all of us who want to live in a more just and equitable society.


There are various tools to eradicate violence, one of them is the formation and creation of laws, which imply the recognition of rights. Among them we can name Law 26,485 on Comprehensive Protection to Prevent, Punish and Eradicate Violence; the 26,743 of gender identity; Law 26,150 on comprehensive sexual education; among other. Despite its recognition, in law there are two fundamental concepts: on the one hand, formal equality, and on the other, material equality. The first corresponds to what we have been talking about, the recognition and promotion of equal rights written in the law, but the second is the opposite. That is, it allows us to identify if what is written is reflected in everyday life and these rights are specified, generating real equality, or if they are simply statements narrated on paper.


According to updated data from Amnesty International, people who identify as lesbian, gay, bisexual, transgender or intersex, or are perceived as such, are at greater risk of being harassed and victims of violence because of their sexual orientation or gender identity. The life expectancy of the transvestite-trans population in Argentina is 35 to 41 years. In this sense, it is important to remember the case of Tehuel De La Torre, a trans boy who disappeared on March 11 of this year, when he left his home for a job interview. To this day Tehuel does not appear, there are few clues about his whereabouts since the last people who saw him alive do not provide information, and it is a case that does not have enough repercussion and dissemination in the hegemonic media. The Tehuel case highlights the reality of the country’s trans population: the situation of extreme vulnerability and exposure to multiple gender-based violence.


Among the discriminations that people suffer due to their sexual orientation or gender identity there are homophobia, lesbophobia and transphobia, which are irrational hatred towards people whose sexual orientation is different from heterosexuality and / or their gender identity does not matches your biological sex. An example of this is the rejection that was generated by a sector of Cordoba society towards the LGBTIQA + flag that was hung by the Municipality of the capital in Sarmiento Park. On that occasion, there were clear reactions of violence and hate mobilizations against him, even reaching the fact that on several occasions the flag was removed, including acts of physical violence against LGBTIQA + people.


The aforementioned regulations suffer some difficulties at the time of their implementation due to the resistance of conservative groups that hinder the development of this policy in society. Whether through legal litigation, media campaigns, legislative lobbies, and particularly resistance in teaching spaces such as schools. These sites are important institutions for socialization and learning, where issues of promoting equality and non-discrimination must be addressed early.


What has been said so far, makes it clear that despite having rights recognized in various laws (formal equality), even so, people continue to suffer multiple violence because of their sexual orientation and / or gender orientation (material equality) when they do not conform to the heterocisnorm. Therefore, the need for a comprehensive plan to eradicate violence is evident. The enactment of a law is not enough, but comprehensive public policies are required that provide true responses to the problem and a profound cultural change.


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The province of Córdoba adhered to the Yolanda Law


Today the provincial Legislature approved the adhesion project to the Yolanda Law for comprehensive environmental training, with a perspective of sustainable development and with special emphasis on climate change for people who work in public functions.




“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 the incorporation of certain particular regulations, the province of Córdoba sanctioned the regulations by which it adheres to National Law No. 27,592, called Yolanda Law in honor of Yolanda Ortiz, who was the first Secretary of Natural Resources and Human Environment of the Argentinian republic.


This law will oblige people who exercise public functions in the provincial State to be trained in the environment, with a perspective of sustainable development and with special emphasis on climate change. The Cordovan text incorporates issues of particular regional interest, numbered in an enunciative way, such as native forest, climate change, environmental law, urban solid waste management, environmental impact of public policies, preservation of protected areas and water resources, among others. 


Likewise, fortunately, the enforcement authority is established in the same body of the law, with the Environment Secretariat being in charge of its application. In addition, it seeks to guarantee public access to information regarding the degree of compliance with the law, as well as granting the enforcement authority the power to enter into agreements with universities, scientific institutions, civil society organizations and other entities to ensure compliance with the standard. 


Despite the fact that the regulations could have been superseded in relation to the National Law regarding the formation of a mixed application authority that incorporates the Ministry of Education, as well as the incorporation of a means of complaint or claim that allows the citizens contribute to the inspection process, we celebrate the provincial adherence to this important tool for environmental protection.


Contact


Juan Bautista López, juanbautistalopez@fundeps.org


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Access to Information Agency: The Executive must present a new proposal to designate its authority
Joint statement of ACIJ, Democracia en Red, Legislative Directory, Fundeps, Citizen Power, Vía Libre and the Regional Alliance for Free Expression and Information, on the occasion of the conclusion of the hearing in which the set of observations presented in around the candidate proposed by the Executive Power, Gustavo Fuertes.


“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”


We celebrate that, after the public hearing in which the public was able to express themselves regarding the candidacy of Gustavo Fuertes to lead the AAIP, the Executive Power has not made progress in appointing him. Once the deadline with which he had to confirm said proposal has expired, it is now necessary that spaces for open discussion be urgently generated regarding the new profile that the Head of Cabinet should promote, to fill the vacancy in the Agency through a participatory process.


On March 23, the public hearing was held in which the candidacy of the lawyer Gustavo Fuertes was discussed to occupy the position of Director of the Access to Public Information Agency, which has been vacant since January 1, 2021. The hearing represented an opportunity for different people and civil society organizations to detail the numerous observations on the candidacy proposed by the Executive Power, which coincided in the lack of suitability and guarantees of autonomy of the candidate.


After this participatory instance, the Executive Power decided not to finally confirm the Strong’s nomination to the position. As indicated in Law 27,275 in its article 21 subsection f, the Chief of Staff had a period of seven days from the holding of the hearing to approve the appointment. After this period, then, the Executive Power must restart the selection process from the proposal of a new person to occupy the position.


The decision to listen to the arguments offered by different civil society organizations and individuals in an instance designed so that citizens can participate in relevant public decisions, and thereby review an official proposal, is a very valuable step in the construction of a democracy. deliberative in which reasons matter. For this reason, the fact that the Executive Power has desisted from advancing in a decision that was questioned with highly relevant arguments as a result of the impacts that it could have on the validity of the human right to access public information, should be highlighted.


This position, which has been vacant for more than four months, is fundamental to the democratic system. In the first place, because it has the role of ensuring full transparency of all institutions and identities under the orbit of the Executive Power (which is achieved by centralized and decentralized public administration bodies, public companies and with state participation, public service concessionaires , State contractors, among others). In turn, it has among its functions to ensure the protection of the right to privacy and the full application of the Law on Protection of Personal Data. Both functions, due to their implications in the exercise of other rights, cannot be postponed for any reason, even less in an emergency context such as the current one.


For all these reasons, it is urgent that the Executive Branch send a new candidacy for the position in accordance with the standards of suitability and autonomy set forth in Argentine regulations and international law. This implies, among other antecedents, that the person has extensive experience in access to public information and protection of personal data, in such a way that his commitment to the effectiveness of these human rights can be corroborated. For this, it is desirable that open instances be generated to discuss the profile required for the person who is proposed, and that this result in the prompt appointment of a new authority and the consequent normalization of the operation of the Access Agency. Public Information.