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We participated in the 13th United Nations Forum on Business and Human Rights

On November 25, 26 and 27, we participated in the 13th United Nations Forum on Business and Human Rights, which took place at the United Nations headquarters in Geneva.

“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 United Nations Annual Forum on Business and Human Rights is the platform for multilateral dialogue that assesses the progress of States and companies in implementing the three fundamental pillars of the Guiding Principles on Business and Human Rights (GHR): Protect, Respect and Remedy. In this way, every year it brings together key actors from governments, international organizations, civil society and companies, creating a broad space for dialogue.

The 13th edition of the forum, entitled “Making the ‘Smart Mix’ for Human Rights in Business Effective”, presented the perspectives of different stakeholders on how to implement a “smart mix” of national, international, voluntary and mandatory measures to strengthen the protection and respect for human rights in business activities. It analysed what has worked so far and what has not, highlighting what is still needed to make the changes proposed by this approach effective, especially for rights holders. The forum also sought to highlight positive practices that have enabled progress in the protection of human rights in the actions of States, companies and other actors.

Among the key themes reflecting important challenges, the Just Energy Transition was highlighted, where the need for companies to implement sustainable practices in a concrete manner and backed by verifiable commitments was discussed. In addition, the importance of recognizing indigenous communities as fundamental actors in the protection of their lands and resources was highlighted, although significant challenges persist in ensuring that their rights are effectively respected in the face of business activity. In this context, the role of development financial institutions was also addressed, emphasizing their responsibility to ensure that the projects they finance comply with human rights standards. Finally, Strategic Climate Litigation was mentioned, which has gained relevance as a tool to hold companies accountable for their negative impacts on climate change and human rights.

One of the key messages that civil society wanted to highlight during the forum was that the protection of human rights should not be seen only as a legal obligation, but as a collective responsibility. Governments, international organisations, civil society and businesses must work together to overcome challenges and achieve meaningful change.

 

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Author

Julieta Boretti

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Food emergency in the Argentine provinces

The multidimensional crisis and growing food insecurity that the country is experiencing has led several provinces to issue local Food Emergency regulations. In this report we explore the scope and limits of this regulatory strategy in the search to alleviate the difficulties faced by millions of Argentines, as well as its connection with the Law for the Promotion of Healthy Eating.

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Necessary debates: Fundeps held a discussion on the Energy Transition in Argentina

The event organized by Fundeps (Foundation for the Development of Sustainable Policies), CAUCE Foundation (Environmental Culture – Ecological Cause), FARN (Environment and Natural Resources Foundation) and Siglo 21 University, held on November 11, was a meeting of analysis and debate on the main challenges facing Argentina in the context of the global energy transition.

“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 event, which was held in a discussion format, was organized into thematic panels, one of which was: “The role of China, multilateral banking and transnational corporations in the Argentine energy transition” with the participation of Dr. Virginia Busilli and Lic. Maitén Fuma (UCC), Valeria Enderle (CAUCE Foundation), Francisco Zanichelli (UNC) and Carolina Juaneda (Bank Information Center), moderated by Matías Cena Trebucq (FARN). The second panel, “The challenges of lithium exploitation in Argentina in a context of investment incentives and environmental deregulation”, was hosted by Edgardo Litvinoff (Red RUIDO), María Laura Carrizo Morales (Fundeps), Leandro Gómez (FARN), Federico Trebucq (UES21, CONICET), moderated by Paula Hernández (Fundeps).

On this occasion, Fundeps also presented the report “The exploitation of lithium in the high Andean salt flats: a socio-environmental analysis based on the Argentine case”, which aims to comprehensively address the different conceptual, legislative and discursive perspectives and components that intervene in this context of global energy transition. It also addresses the consequent acceleration in the demand for lithium in our country and region for an informed discussion.

Not every energy transition is a fair energy transition

The race to control the supply chain of so-called critical minerals, or minerals for the energy transition, opens a new chapter in the global geopolitical dispute. Countries in North America, Europe, and Asia, particularly China, are competing not only to dominate the technologies of the final products, but also for access to the deposits of these minerals. At the same time, it is evident that the search for developing “green solutions” is the politically correct narrative today, but is there really progress towards a fair energy transition in social and environmental terms? What roles do the global south and the global north adopt in this new “green” dynamic? What place do communities have in this process? These were some of the questions addressed in the discussion.

Argentina is today the world’s fourth largest producer of lithium and has approximately 50 projects in different phases. With the focus on generating foreign currency required to repay the external debt, provincial and national governments prioritize these investments without carrying out the corresponding studies to determine whether the operations can be carried out without causing irreversible damage to the environment and the communities that have lived there for hundreds of years. The loss of biodiversity, ways of life, knowledge and Andean cultures not only turns these territories into sacrifice zones for the hyper-consumerist model of the Global North, which does not seek to reduce its demand for minerals and nature, but also reinforces existing inequalities and blocks the possibility of thinking about a paradigm shift that places the care of the lives of people and ecosystems at the center, and that teaches us to live within planetary limits.

Undoubtedly, the consequences of the increased demand for lithium extraction and production in this “green race” generate debates of a social, environmental, legal, discursive and ideological nature, as the different meanings and objectives of the different actors involved come into dispute. During the more than two hours that the discussion lasted, experts and representatives of civil society, academia and journalists from Córdoba and other provinces debated and exchanged their opinions on the impact of lithium mining on the environment, the economy and local communities, making it clear that not every energy transition is a fair energy transition and that the extractivist logic reproduces the historical roles of the countries of the Global North and South and also replicates extractivist practices and human rights violations of local and indigenous communities, while reinforcing the vicious cycle of continuing to exploit nature.

 

More Information

 

Contact

Gonzalo Roza, gon.roza@fundeps.org

Fundeps celebrated 15 years promoting human rights

This Friday, November 22, the Es por acá Festival took place at the Teatro Griego. More than two thousand people shared an afternoon of encounter, reflection and action for human rights. The day, which included the participation of activists, artists and organizations from Cordoba, ended with pure dancing with Sabor Canela, Soul Bitches and Dj Santa Rita.

“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 Foundation for the Development of Sustainable Policies (Fundeps) is a non-profit organization from Córdoba that has been working to guarantee human rights since 2009. Last Friday, November 22, it celebrated its 15th anniversary with the Festival es por acá (It’s Over Here Festival) at the Greek Theater in the City of Córdoba. More than two thousand people shared an afternoon of encounter, reflection and action for human rights.

On the stage of a packed Greek Theatre, and before the musical closing by Sabor Canela, the executive director of Fundeps, Mayca Balaguer, stressed the importance of daring to “imagine another world, another country and another Córdoba, better, more dignified and respectful of human rights” despite the difficulties.

“This festival is a celebration, yes, but also a reminder: what we do matters. It matters when we manage to give women and the diverse people of this country more tools to confront violence and access their rights. It matters when we get genuine commitments from the province to care for the environment and prevent diseases. It matters when we accompany communities in their struggles for water, for land and for life,” she said.

She also highlighted that the struggle and work of these 15 years was possible thanks to networking, alliances with friendly organizations, with communities and with all the people who joined. Some of these organizations, such as the Asociación Civil Amigos de la Reserva San Martín, VUDAS (Vecines Unides en Defensa de un Ambiente Sano) and the Mesa por la Emergencia Alimentaria Córdoba, were part of the Festival Es por acá, making their work and activism visible at the Feria de Comunidades en Lucha.

In addition, those who came were able to visit the Otras Economías and Cocina Soberana fairs to buy books, notebooks, clothing, accessories, plants, natural cosmetics, delicious and healthy food, among other products from different self-managed enterprises in Córdoba. Fundeps seeks to strengthen enterprises that are based on principles such as solidarity, equity, decent work, cooperation, ecological sustainability and the fair distribution of wealth.

Leaders in Struggle

In a context where the defense of human rights is becoming increasingly urgent, the afternoon began with our Leaders in Struggle discussion. Moderated by Mimí Luz Argüello Lobo, teacher and designer, activists from different spaces reflected from their experience on mental health and care; digital advocacy strategies; the importance of networks and the value of the collective.

“I don’t know if there was a moment when I chose to be an activist. I think life made me fight for my own rights and that has made the path become clearer as I go. Today I am part of a wonderful collective,” shared Santiago Merlo, a trans activist and president of the La Casita Trans Civil Association.

Camila Gomez Parodi, a member of Abuelas de Plaza de Mayo and granddaughter of Sonia Torres, said: “My generation is a generation that was born with a lot of rights and we may not recognize all the struggle behind it. So I think that social media is there to have these discussions. But we must not lose sight of the street, which continues to be very important to defend our rights.”

The teacher, philosopher and technician of Indigenous Language and Culture, Juan Cruz Falco, known on the networks as juancito_piedra, shared his experience as a digital activist: “The hate is always there. At first I bothered to answer one by one and then I said no, I don’t even get involved because it consumes your energy. At this moment, emotionality is the last thing that can take us away. When things get personal, it is much darker, it hurts more, that is why it is important to be on social media and take care of yourself.”

“Teamwork is essential for self-care. It was hard for me to delegate and when I learned it was the best thing that could have happened to me. Today I am grateful for it and I feel cared for. Laughing, hugging, accompanying each other, working as a team, giving and giving affection is the healthiest thing,” reflected Ruth Ahrensburg, founder of the ConVoz Association, an organization with more than 30 years of experience supporting women in situations of gender violence.

More than an organization, a plot

Luis Sencillo livened up the afternoon from the stage; Estalla serigrafía multiplied the hope on t-shirts and patches; while children were able to learn and have fun in the Space for Children and enjoy the traveling circus with their families, led by Mundo Púrpura. Music by Sabor Canela, Soul Bitches and Dj Santa Rita completed an afternoon of encounter and celebration.

The festival was also an opportunity to recognize the work and commitment of all the people who were and are part of this collective history. That group of friends who paved the way 15 years ago: César Murúa, Juan Carballo, Leandro Moscardó, Ana Carballo, Candelaria Negri, Pablo Bollati and Juan Martín Camusso. Those who, at the head of the executive management, had the challenge and responsibility of making strategic decisions, even in times of crisis, leading and caring for the team: Carolina Tamagnini, Virginia Pedraza and Juan Carballo. The members of the Board of Directors, Ale Galván, Mili Pioletti and Mariana Paterlini, who, even from a distance, listen to, support and guide the foundation in the major decisions with rigorous strategic criteria and, above all, with love and empathy.

The work of Fundeps would not be possible without the team of volunteers who, with all their might, when they leave work or class, contribute their time, their ideas and their action to all the causes that mobilize us. And of course the 24 people who combine activism and work, who assume the daily commitment to contribute to the construction of a more just, equitable and sustainable society. As Mayca Balaguer expressed: “Fundeps is more than an organization: it is a network. It is a living fabric, which is strengthened with each link, with each hand that is extended and with each story that is added.”

In a context where democratic consensus and human rights are being threatened, Fundeps renews its commitment to collective struggle because hope can also be organized.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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IACHR alert: Argentina must uphold its gender policies to protect human rights

In a historic hearing, the IACHR was informed of the regression of gender policies and access to sexual and reproductive health in Argentina and the State’s failure to comply with its obligations. The economic justification of the cuts by the Government was not accepted by the Commission. Its President and the commissioners present affirmed the existence of gender violence and stressed the need for specific measures to address it. “What is not named does not exist,” they said.

“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 Inter-American Commission on Human Rights of the Organization of American States (IACHR-OAS) summoned the Argentine State on Thursday, November 14, 2024, to its headquarters in Washington DC, to explain the serious regression in gender policies, in policies on sexual and reproductive rights and the lack of compliance with international commitments. Civil society organizations had requested the hearing in order to present evidence of this setback in the rights of women, girls, adolescents and LGBTIQ+ people in Argentina.

During the hearing, the commissioners asked the representatives of the Argentine Government present to provide answers regarding the coordination of public policies without a budget; to specify which programs are still in force and what measures they will take to strengthen the administration of justice in cases of gender violence. The Government did not respond to the Commission’s questions, nor did it mention how it will comply with its commitments. It only limited itself to recognizing the lack of budgetary attribution to these policies as an error and promised to make an addendum to the national budget.

Meanwhile, at the United Nations General Assembly, Argentina was the only country to vote against the prevention of violence against women and girls, with 170 votes in favour and 13 abstentions.

Civil society organizations urged the IACHR to recommend that the Argentine State adopt concrete policies that guarantee compliance with its international commitments and ensure the right of women, girls, adolescents, and LGBTIQ+ people to live free from violence and to guarantee access to sexual and reproductive health services. This hearing was an urgent call to action: our country must stop the dismantling of fundamental policies and resume its commitment to human rights, so that the basic rights of its citizens do not depend on regressive political decisions.

The voice of organizations

In their interventions before the Commission, Amnesty International, the Center for Legal and Social Studies (CELS), the Latin American Team for Justice and Gender (ELA), the Mujeres x Mujeres Foundation and the Foundation for the Development of Sustainable Policies (Fundeps) presented information that shows the serious setback in public policies aimed at addressing and eradicating gender violence, and guaranteeing access to health services, especially sexual and reproductive health.

“Since taking office on December 10, 2023, the current Argentine government has systematically attacked the rights of women, girls, adolescents, and LGBTIQ+ people. It dismantled successful public policies; it discredited, without evidence, the institutions responsible for guaranteeing them; it arbitrarily cut budget allocations and reduced the staff that supported the implementation of public policies through mass layoffs. With these actions, the State is violating current international pacts and treaties,” said Natalia Gherardi, Executive Director of ELA.

The situation is alarming: in the first quarter of 2024 alone, of the 2,462 women who applied for the Acompañar Program, only 434 received help. This represents a 98% decline compared to 2023, leaving women at extreme risk unprotected. In addition, the budget executed for these programs in 2024 only reaches 15%, directly and critically affecting women and diversities facing situations of violence.

Regarding the dismantling of public policies for access to sexual and reproductive rights, Lucila Galkin, Gender Director of Amnesty International Argentina, stated that “the purchase and distribution of supplies has been the responsibility of the National State since the creation of the National Program for Sexual and Reproductive Health in 2002, and by constitutional mandate the Ministry of Health of the Nation has the authority to govern public policy to establish a minimum level of rights throughout the national territory. However, suddenly and for the first time since then, the State has left the provision of supplies to the provinces, without any type of transfer or transition in order to avoid putting women’s lives and health at risk, which results in a context of absolute inequality.”

Contrary to fundamental international principles

The dismantling of public policies contradicts fundamental international principles and treaties such as the Belém do Pará Convention and CEDAW, which oblige the State to actively intervene. “These measures not only put the lives of women, girls, adolescents and diversities at risk, but also perpetuate structural discrimination based on gender and violate the international commitments assumed by the Argentine State in this area,” said Mayca Balaguer of Fundeps.

What is happening in Argentina has an impact beyond its borders. The lack of protection for women and people of different backgrounds in the country creates a precedent that could legitimize setbacks in other Latin American states, putting at risk the advances in human rights that cost a lot of effort to achieve. “Using the excuse of considering human rights as ineffective and ideologically driven, Argentina is moving away from its historical leadership role in the promotion of women’s rights, initiatives against gender violence, and the promotion and protection of sexual and reproductive rights,” said Juliana Miranda of CELS. The IACHR has repeatedly warned that setbacks in one country affect the entire region, weakening joint efforts to prevent and eradicate gender violence.

The organizations requested that the Commission carry out a visit to the country to observe the situation and prepare a report, given the seriousness of the setback. “We appeal to the IACHR’s commitment to urge the protection of the human right to live a life free of violence and discrimination for all girls, adolescents, women and diversities in Argentina,” concluded Soledad Deza, president of the MxM Foundation.

  • Watch the full hearing here.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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The exploitation of lithium in the high Andean salt flats: a socio-environmental analysis based on the Argentine case

This report aims to address the different conceptual, legislative and discursive perspectives and components that intervene in this context of global energy transition and the consequent acceleration in the demand for lithium in our country and region. It seeks to take a comprehensive approach to lithium exploitation in Argentina and the region, providing elements for an informed discussion.

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What can provinces and municipalities do to combat smoking?

Despite having the National Tobacco Control Law, Argentina faces challenges in addressing the tobacco epidemic in a solid and comprehensive manner. Although the Law is a valuable tool, it is not enough today to deal with the new strategies of the tobacco industry. In this context, the provinces have the opportunity to promote initiatives to complement it, improving health protection standards and tobacco control policies at the local 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”.

Thirteen years have passed since the National Tobacco Control Law was passed, and although it has been an important starting point, in our country 22% of the adult population and 20% of adolescents still smoke, causing almost 43 thousand deaths a year. In addition, the tobacco epidemic costs the health system more than $1.5 billion pesos annually to treat related diseases, and what the State earns from tobacco taxes is not enough to cover even a fifth of this amount.

The National Law establishes the prohibition of smoking in closed spaces, establishes the obligation of health warnings on cigarette packages and determines certain restrictions on advertising, promotion and sponsorship of tobacco products.

However, it is insufficient mainly because:

  1. does not expressly include emerging products within its scope, such as electronic cigarettes and heated tobacco products;
  2. provides limited protection for smoke-free environments and
  3. establishes exceptions to the prohibitions on advertising, promotion and sponsorship.

This implies gaps and grey areas in important areas, which enable the tobacco industry to continue deploying all its marketing strategies, with the aim of normalizing addiction and attracting more consumers, especially children and young people. The most commonly used strategies have to do with advertising and displaying products at points of sale, promotion at mass events and on social networks, and the launching of new products.

It should be noted that, despite not being included as emerging products in the National Law, electronic cigarettes were incorporated into its regulations with Decree 602/2013, after having been totally prohibited by provision 3226/2011 of the National Administration of Medicines, Food and Medical Technology (ANMAT). Later, Resolution 565/2023 also prohibited the import, distribution, marketing, advertising or any form of promotion of heated tobacco products. However, this has not managed to prevent the marketing and increasing consumption of these products, especially among adolescents and young people.

In this context, it is urgent to update, strengthen and expand the existing tobacco control regulations. The National Law must be reformed to achieve greater scope and completely prohibit the industry’s new marketing strategies. However, it is not only the National State that has the responsibility of protecting the health of the population. Provincial States also have a crucial role in the design of public policies that protect health, and can implement effective and comprehensive measures to combat smoking.

In different parts of the country, there are several initiatives promoted by the provinces to complement the National Tobacco Control Law, even advancing in what this law left out and in the grey areas that the tobacco industries have taken advantage of.

These advances occur mainly in three crucial areas:

  1. Incorporating emerging products into laws
  2. Total ban on advertising, promotion and sponsorship, including display at points of sale.
  3. Expanding protection for smoke-free environments.

The inclusion of emerging products in subnational tobacco control regulations is a strategic step to, on the one hand, consider and strengthen in the provinces the protection standards that arise from the national legal framework, in particular provision 3226/11 and Resolution 565/2023. And, on the other, to ensure that the battery of measures provided for traditional cigarettes is also applied to emerging products, especially marketing restrictions and protection of smoke-free environments.

The total ban on advertising that includes the display of products at points of sale is a fundamental measure, since the National Tobacco Control Law expressly authorizes tobacco companies to carry out promotional and advertising actions in these places. Due to their high attendance, they are strategic for exposing people to images and messages that position the habit of smoking as something familiar and attractive. Taking advantage of these legal exceptions, industries have redirected their multi-million dollar investments in marketing – which increase year after year – towards these spaces.

Finally, extending the protection of smoke-free environments means reducing exposure to second-hand tobacco smoke as much as possible, since it is also a risk factor in the development of chronic non-communicable diseases. In this context, extending this protection to all closed public spaces, including work, cultural and sports spaces, transport stations, public and private health and educational institutions, is essential. Also, extending protection to play and recreation areas for children, aerobic stations and other areas for practicing sports in public squares, parks and promenades, becomes key to protecting the health of the population, specifically children, adolescents and young people.

The provinces in action

Over the past 12 years, there has been progress in the approval of subnational regulations that are worth highlighting. La Pampa, Tierra del Fuego and Córdoba managed to approve more comprehensive tobacco control regulations, while provinces such as Entre Ríos and Mendoza, while improving their protection standards, did so only in relation to a specific area of ​​regulation.

La Pampa

La Pampa was a pioneer in expanding the provisions of the National Tobacco Control Law on the prohibition of advertising. Thus, in 2012, it passed Law No. 2,701, which prohibits:

  • All types of direct and indirect promotion and advertising of tobacco products, regardless of the means of dissemination.
  • To the industry, sponsor events and participate in them with advertising clothing.
  • Consuming tobacco products in any enclosed space, whether public or private, and also in any area of ​​health care and educational establishments.

In turn, in 2021, Law No. 3392 included within its scope all electronic devices with or without nicotine administration, and those developed in the future. In this way, the definition of “tobacco consumption” also covers these emerging products. In addition, the display of all products at points of sale was prohibited.

Tierra del Fuego

In 2017, Tierra del Fuego amended its Provincial Tobacco Control Law through Law 1,203. This law completely prohibits advertising, promotion and sponsorship of tobacco products, including the display of products in places of sale. The law also specifically covers electronic cigarettes and heated tobacco products, applying the entire regulatory framework for traditional cigarettes to them.

Córdoba

In 2019, Córdoba approved Law 10,661, which expands Law No. 9113 of the Permanent Provincial Program for the Prevention and Control of Tobacco Use. This regulation contemplates:

  • A complete ban on advertising, promotion and sponsorship of tobacco products, including display at points of sale.
  • Restrictions on electronic cigarettes and similar devices are now being brought into line. Their use in closed spaces and sale to minors under 18 years of age are also prohibited.

Entre Ríos

This province took legislative measures to combat smoking by adhering to the National Law in 2021 and thus repealing Provincial Law 9,862 on Tobacco Control. In this way, the protection of smoke-free environments was improved, while 9,862 contemplated exceptions and allowed smoking in gambling halls.
In turn, this regulation expanded its scope to include not only products made wholly or partially from tobacco, but also electronic devices with or without nicotine administration.

Mendoza

In May 2024, Mendoza incorporated Article 1 bis to Law No. 8382 on adherence to the National Tobacco Control Law, which establishes a ban on smoking in the rooms, balconies and terraces of casinos, expanding the scope of smoke-free environments.

We need better laws and more oversight

In recent years, many provinces have introduced bills to restrict tobacco advertising, expand smoke-free environments, and regulate emerging products. These efforts reflect a continuing commitment to improving the health and quality of life of citizens.

In this context, civil society values ​​the laws passed, as well as the various projects presented, and encourages that these advances at the subnational level be taken from a comprehensive perspective. In this sense, we consider it essential that a single legal instrument can advance with improvements in at least the three aspects mentioned, to achieve a synergy between all the proposed measures, which facilitates their implementation and, above all, contributes to a more effective approach to the tobacco epidemic.

We also understand that issuing regulations is not the only solution if we want to achieve an effective approach to this problem in the country. Adequate oversight and sanctions for non-compliance with the laws are essential for tobacco control policies to have a real impact.

The industry constantly exceeds the prohibitive rules on display at points of sale. It also violates the advertising ban by using shelves and illuminated signs visible from outside the premises, which easily attract people’s attention.

Smoke-free environments, on the other hand, are not always respected, especially in bars and dance clubs. Also, emerging products are often used in these closed spaces, demonstrating the lack of awareness about their dangers. Given this situation, we need to ensure the proper implementation of existing regulations, improving the mechanisms of oversight by the State and facilitating the avenues for citizen complaints.

As can be seen from the examples mentioned, the fight against smoking is not only about complying with the national legal framework, but there are options to go further by taking proactive and comprehensive measures. In this way, we encourage the involvement of all social and political actors so that more and more provinces commit to improving their tobacco control policies, to protect the health and quality of life of their entire population.

Provinces have the power, but also the responsibility, to promote and implement better strategies to combat smoking.

 

Check out the infographic on what provinces can do to stop the spread of smoking here.

 

More Information

Author

Clara Díaz Yofre 

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

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

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

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

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

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

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

Key findings from Argentina’s participation

  • Virtual participation: a worrying sign

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

  • Child Poverty: An Ignored National Emergency

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

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

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

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

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

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

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

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

  • State’s inability to respond to key issues

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

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

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

  • Underfunding of the ENIA Plan

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

Current situation of Argentina before the UN and next steps

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

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

 

Author

Melina Terreno

Legal Department Contact

María Luz Baretta, luzbaretta@fundeps.org

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We want San Roque Lake clean now!

At Fundeps we have been working since 2009 for the right to a healthy environment. We understand the environment from a comprehensive and broad perspective that includes the interaction between natural common goods and society. From this perspective, we are concerned about the province’s water, so in this note we will tell you chronologically about the actions we are carrying out in the search for solutions for a healthy San Roque lake.

“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 2020, we carried out a Situational Diagnosis of Córdoba’s Water Resources: Lago Los Molinos and Lago San Roque, with the aim of analyzing the state of the main basins in the province, fully understanding the problem and analyzing possible courses of action.

The San Roque Lake Basin is in an extremely serious situation due to its advanced state of eutrophication. This means: the proliferation of algae in fresh water as a result of an excess of nutrients, particularly phosphorus; this natural process is exacerbated during hot weather. The situation is mainly due to the lack of sanitation in the Punilla area, a deficient sewage system, lack of control over discharge authorization, degradation of the lake, fires, deforestation, among others. With this basis, we carry out negotiations with decision-makers with the aim of undertaking actions for its remediation.

The pollution of the San Roque Basin not only puts at risk the health of people who are directly or indirectly in contact with the basin, but also affects the quality of life, the landscape, regional economies and the biological diversity of the province.

As we did not receive any positive responses from the provincial administration and as a last resort, in November 2022 we filed a Collective Environmental Protection action suing the Province, the communes and municipalities that make up the San Roque Lake Basin, the Provincial Administration of Water Resources of the Province of Córdoba (APRHI), the Ministry of Public Services of the Province of Córdoba, and the Secretariat of the Environment of the Province of Córdoba (now Ministry). Check out the timeline of the case here.

In the writ of amparo we ask the courts, among other measures, to gradually cease polluting activities such as dumping hazardous waste, sewage, and industrial waste; to order the defendants to build, complete, or expand the necessary sewage works, and to create an autonomous and self-sufficient River Basin Committee, made up of the various stakeholders in the river basin. We also request various precautionary measures such as the suspension of any authorization to carry out untreated dumping, the creation of a temporary management plan, and the design of a risk communication plan, among others.

In March 2023, the Third-Party Administrative Litigation Chamber partially admitted the requested precautionary measure and ordered the Government of Córdoba to prepare and present a provisional Sanitation and Sustainable Development Plan within 60 days.

The province appealed this resolution and simultaneously presented a plan that does not comply with the resolution. The plan presented has serious deficiencies: it does not stipulate deadlines, budget, or agencies in charge of execution. In addition, it is a plan that greatly exceeds the limits of the precautionary measure since it was designed to be executed within a period of 15 years. We at Fundeps made various observations. To date, the intervening Chamber has not yet issued a ruling. We consider that the design of an environmental management program of such impact and temporal extension, which involves present and future generations linked to the San Roque Basin, must necessarily be designed in dialogue with the population and that the future of the basin cannot be decided in the limited period of 60 days.

Currently, the judicial process is still ongoing and in the meantime the province, the Ministry of Environment and the Basin Authority (created in November 2023 by law 10,941) are carrying out insufficient cleanup actions: they are the same ones that have been carried out for years and that have not prevented the current contamination situation.

In the face of the summer season, with very high temperatures, thousands of hectares recently burned and a deep drought, we believe that it is time to demand actions that lead to different results that transform the management of the basin and promote real change. It is a key moment to request citizen participation in the design, execution and implementation of public policies aimed at the sanitation of the basin.

 

Your participation is key to achieving the cleanup of the basin. SIGN HERE!

 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

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(Re)ordering the territory: Escazú and citizen participation

In an effort to promote the effective implementation of the Escazú Agreement at the local level, Fundeps held three meetings during the month of August, aimed at the Urban Planning Department of the Municipality of Córdoba. These training sessions focused on strengthening competencies in environmental law and the rights of access to information, participation and environmental justice, essential for sustainable urban planning.

“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 target audience of these meetings were members of the Secretariats of Urban Development, Regional Integration and Institutional Linkage, and Smart City of the Municipality of Córdoba. The main objective was to provide the necessary tools to understand and apply the Escazú Agreement in the urban planning policies and practices of the city.

The first two workshops focused on theoretical and specific aspects of minimum budget laws and the Escazú Agreement. For the last meeting, we placed special emphasis on citizen participation. During this session, we explored various models of successful citizen participation, both at the national and regional level, highlighting practical examples that have been implemented in different cities in our country, as well as in Latin American countries and localities in Europe.

We proposed discussions on cases where active citizen participation has resulted in significant improvements in urban planning and management, highlighting how these inclusive processes can be adapted to our city. In addition, we analyzed the tools and mechanisms available to facilitate citizen participation in decision-making, emphasizing the importance of transparency, effective communication, clear language and building trust between municipal authorities and citizens.

We continue to work for the full and effective implementation of the Escazú Agreement at the local level. The Agreement is a fundamental tool for the protection of the environment and of human rights defenders in environmental matters.

If you want to learn more about the Escazú Agreement, visit our website: https://acuerdodeescazu.org/

 

Authors

Lourdes Zanotti

Federico Marengo Ligoria

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

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A decree cannot limit access to public information

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

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

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

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

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

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

 

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

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Stories and experiences of socio-environmental struggles in Córdoba

By compiling some of the experiences of struggles of the Cordoba communities, we aim to provide a collective response to the challenges that arise around the processes of environmental conflict.

The truth is that there is no single way to organize, no single way to ask the authorities for answers, and much less a single way to confront a socio-environmental conflict. However, we observe that there are common practices that have been strengthened and that serve as a guide for other struggles.

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