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The IDB approves a New Access to Information Policy

The Inter-American Development Bank (IDB) took the final step of a process that lasted several years and culminated with the approval of a new Access to Information Policy (PAI) by the Board of Executive Directors.

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

The new policy, approved on July 26, 2024, which updates the current IDB policy, will go into effect on September 1, 2025

At Fundeps, together with other regional organizations, we actively participate in the process of updating and adapting the IDB’s PAI, sending comments and suggestions to each of the previous versions, as well as participating in various public consultations to strengthen the right. access to information and transparency in the Bank.

As improvements introduced to the new Bank Policy, mention can be made of the possibility of making anonymous information requests, the reduction in the IDB’s response times to information requests and the work that the institution is doing to increase the usability of the information. and the use of more accessible formats. Even so, it is imperative to consider that access to Information and Communications Technologies (ICTs) is not universal or uniform.

Likewise, there are essential aspects that the PAI, or its next updates, must incorporate, such as:

  • The approach to access to information as a fundamental human right and, therefore, a pillar of the PAI itself.
  • The harmonization of the Access to Information Policy with the Escazú Agreement.
  • Eliminate ambiguities in the language of the standard, mainly in the “Exceptions” section, which must be more precise and establish clear criteria for its application.

Likewise, it is worrying that some criteria and parameters that will make the PAI effective are addressed in the Implementation Guidelines. In this way, the effectiveness and strength of the PAI will depend greatly on these Guidelines, which do not require mandatory compliance, as the PAI itself does.

Likewise, it should be mentioned that there were significant delays in the PAI review process. At the end of 2019, the IDB began this process that was suspended months later. Subsequently, in April 2022, it was resumed and the Bank presented a new policy proposal to the Board of Executive Directors, which was approved for public consultation with interested parties. It was only in January 2024 when the final version of the New Information Access Policy was approved, which did not take into account many of the comments and suggestions raised by civil society within the framework of the in-person and virtual consultations organized by the own bank.

As a next step, after the approval of the Access to Information Policy, the Implementation Guidelines for its application will be prepared, which, according to the IDB, will be circulated in a timely manner for comments from the public and civil society organizations. Given the great importance of these Guidelines, especially in this case, we hope that this will be the case and we reiterate the importance of the Bank placing people at the center and using the possibility of making effective and full the exercise of the right of access to information , also strengthening in this process the effective participation of civil society organizations, communities and people affected by their projects and populations in vulnerable situations.

 

More Information

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Marcos Juárez’s health remains at risk: statement on fumigation protection

The provincial justice decided to consider that the protection initiated by residents of Marcos Juárez and Fundeps had not been presented due to errors related to the formalities of the process that were corrected at the time of being requested. The underlying issue, which is the distance for the application of agrochemicals within the municipal ejido, remains undiscussed, since the current ordinance is not complied with. This resolution affects access to justice and the rights to health and a healthy environment in the community.

“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 November 2023, from Vecinos Autoconvocados de Marcos Juárez and Fundeps we presented an environmental protection with the aim of increasing the distances between populated areas and the application of agrochemicals, due to the effects that these cause on community health. This judicial step was taken after having made various claims and requests for dialogue with local authorities, and not finding appropriate responses.

After the presentation of the amparo, the Civil, Commercial, Labor and Family Chamber of Marcos Juárez began the process, ordering its publication and requesting the Municipality of Marcos Juárez to answer the lawsuit. On that occasion, the Municipality pointed out errors related to the format of the presentation of the amparo document, which later resulted in a judicial resolution that decided to have it as not presented. This formatting error was due purely and exclusively to the way in which the neighbors’ signatures were placed in the electronic file, and was immediately corrected through ratification. Furthermore, the people who signed made themselves available to the Court to ratify the protection in person and leave no room for doubt about their intention to continue with the process. However, these efforts were not considered by justice.

It was just a question of forms. The court did not provide a ruling on the underlying content of the protection, which is the distances in the application of agrochemicals, nor did it give an opinion on the technical information provided that shows the existence of damage to the health of the population, particularly children, girls and adolescents.

The judicial action, in short, is based on the concerns that we have had for many years as residents of Marcos Juárez who see our health affected, due to the non-compliance and ineffectiveness of the current legislation, and we have decided to seek a response, with the support from Fundeps, an organization from Córdoba that has been working for 15 years promoting rights and accompanying affected communities throughout the province.

This decision seriously affects the right of access to justice in environmental matters of the Marcos Juárez community, since there was no discussion about the use of agrochemicals or their impact on health and the environment. This type of resolution goes against the precautionary principle that must prevail in any environmental process, where measures must not only be proposed to eliminate environmental damage, but also minimize the possibility of its continued occurrence.

We reaffirm that our fight for an environment free of pesticides is still standing and stronger than ever. Our commitment to a healthy environment for the entire population of Marcos Juárez is unwavering.

We will continue working hard to guarantee an environment free of contaminants and pesticides, based on the constitutional principles that support us.

 

More Information:

 

Contact:

María Laura Carrizo, lauracarrizo@fundeps.org

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They ask the Senate to guarantee a composition of the Supreme Court that includes women

Given the absence of women in the presidential proposal to fill the vacancies in the Supreme Court of Justice of the Nation, a group of 12 civil society organizations sent a letter to the president of the Agreements Commission of the Chamber of Senators, Guadalupe Tagliaferri, so that the public hearing for the appointment of the two male judges proposed by the Executive Branch does not begin because it is unconstitutional and discriminatory based on gender. Likewise, it implies a strong setback in the diversity that the highest court must have, with a serious impact on its legitimacy.

“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 all of Argentine history there were only three women in the Court compared to 104 men. Instead of reversing this alarming reality, the Executive Branch decided to integrate this court only with men. Today it is the Agreements Commission of the Upper House, the body that has the historic opportunity to prevent us from having an absolutely male Court for at least 7 years, leaving out women who meet the conditions to occupy that position and reinforcing the stereotypes that block their access to places of power and decision-making.

The moments of greatest political participation of women in these spaces also coincided with important advances in gender matters. The creation of the Court’s Women’s Office and the Domestic Violence Office, fundamental organizations for documenting and reversing discrimination and violence, took place when Carmen Argibay and Elena Highton de Nolasco were part of the highest judiciary.

An equal integration of the Supreme Court and equal access to public positions, especially in hierarchical and power bodies, are political rights of women and the State has the obligation to make them effective, in accordance with the commitments assumed in international rights treaties. humans with constitutional hierarchy. Likewise, Decree 222/03 includes these standards for the process of appointing judges to the Court and establishes that a diverse gender composition must be promoted when defining appointments.

Although in the Argentine Judiciary 57% of the staff is made up of women, they occupy only 31% of the positions of judges in the national and federal justice system and only 29% of the highest authorities there.

It is the duty of the Executive Branch to propose women for the Court who have the qualities, suitability and commitment to the rights required for such a function and, of the Legislative Branch, to promote and ensure that said obligation is fulfilled.

For this reason, Amnesty International, the Latin American Justice and Gender Team (ELA), the Women’s Network for Justice, the Foundation for the Development of Sustainable Policies (Fundeps), Women in Equality (MEI), the Foundation for Study and Research of Women (FEIM), Fundación Poder Ciudadano, the Center for Justice and International Law (CEJIL), the Institute of Comparative Studies in Criminal and Social Sciences (INECIP), the Center for Legal and Social Studies (CELS), the Civil Association for Equality and Justice (ACIJ), the GQUAL Campaign and the Association for Civil Rights (ADC), ask the Senate not to begin the discussion of the specifications to appoint two judges to the Court in order to guarantee gender equality in the Argentine Justice.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

 

*Image taken from a publication of the Gender with Class Foundation

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Organizations reject the president’s speech in favor of the exploitation of natural resources without considering the environmental dimension

The signatory organizations here express our deepest rejection of the speech by the President of the Nation, Javier Milei, on the occasion of the signing of the so-called May Pact, in which he urged provincial governments to advance in the exploitation of natural resources without contemplating the environmental dimension nor the demands of local communities and civil society organizations.

“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 president’s words and the text signed by the provincial authorities (point 7) go against the constitutional mandate, which guarantees all Argentines the right to a healthy, balanced environment suitable for human development, and which establishes the duty of the authorities to provide for the protection of this right, the rational use of natural resources, the preservation of natural and cultural heritage and biological diversity and environmental information and education.

The president publicly states that promoting the development of productive activities without any type of environmental control and regulation will result in the generation of wealth; a premise already surpassed more than fifty years ago throughout the world due to the negative impacts that the destruction of ecosystems generates on the quality of life of the population, and the way in which it obstructs the productive development of nations. The uncontrolled exploitation of natural resources generates more poverty and demands more resources from the State to alleviate the social and environmental crises it causes.

The president’s statements also imply a world that no longer exists. The country’s insertion into the international scenario implies greater responsibility in social and environmental terms, due to the requirements and obligations established in bilateral agreements and multilateral treaties and the requirements to access membership of groups of countries. It is not possible to think about the development of a country today without considering the social and environmental footprint of the use of the goods that it offers to the world.

The May Pact signed in the Historic House of Independence in Tucumán must mark a path in favor of harmony and national unity and put aside unnecessary enmities. Unfortunately, the mention of “noisy minorities” and the classification of environmental organizations as adversaries of progress marks the wrong direction in this regard.

Environmental defenders in the territories play a key role in the protection of soil, water, biodiversity, native forests, glaciers, wetlands, rivers, the sea, peatlands, aquifers, mountains, landscapes , cultural values ​​and nature. Without these ecosystems, without the environment, there is no possible progress.

Likewise, environmental organizations have had and have a leading role in the creation of new National Parks, nature reserves and protected areas, thus collaborating in the conservation of our natural and cultural heritage. Furthermore, non-governmental organizations are legitimate components of civil society in modern democracies around the world.

40 years after democratic recovery and 30 years after the last constitutional reform, Argentina needs a social and environmental pact. But not just any pact, but one that proposes living in harmony with nature and that leads us to true development, that contemplates present generations and also future generations that will inherit our country and our planet.

In this framework, we demand that the national and provincial authorities guarantee that all Argentines have their constitutional right to a healthy environment, that current environmental regulations be respected and applied, and that access to information and citizen participation in environmental matter.

 

Organizaciones firmantes:

  • Agencia de Cooperación para el Desarrollo
  • Ahora qué?
  • Alianza x el Clima
  • AsAE
  • Asociación Ciudadana por los Derechos Humanos
  • Asociación para la Conservación y el Estudio de la Naturaleza
  • Asociana
  • Aves Argentinas
  • Banco de Bosques
  • CAUCE (Cultura Ambiental Causa Ecologista)
  • CeDePesca
  • CeIBA (Centro de Investigación del Bosque Atlántico)
  • CEPPAS (Centro de Políticas Públicas para el Socialismo)
  • Circulo de Políticas Ambientales
  • Comunidad Verde
  • Conciencia Solidaria
  • Consciente Colectivo
  • Ecohouse
  • FARN (Fundación Ambiente y Recursos Naturales)
  • FSAC
  • Fundación Ambiente y Medio
  • Fundación Avina
  • Fundación Biodiversidad Argentina
  • Fundación Cambio Democrático
  • Fundación Hábitat y Desarrollo
  • Fundación Mil Aves – Córdoba
  • Fundación Patagonia Natural
  • Fundación Protestante Hora de Obrar
  • Fundación Somuncura
  • Fundación Yuchan
  • Fundeps
  • Futuro
  • IIED-AL (Instituto Internacional de Medio Ambiente y Desarrollo IIED-América Latina)
  • Instituto de Conservación de Ballenas
  • Isla Verde – Sembrando conciencia
  • Jóvenes por el Clima
  • Laudato Si – Ecología integral
  • Los Verdes
  • Natura Argentina
  • PEM (Por El Mar)
  • Plurales
  • Proyectar ONG
  • Proyecto Quimilero
  • Red Agroforestal Chaco Argentina
  • Red de Mujeres en diálogo ambiental
  • RUCC
  • SAREM
  • Somos Red – agroecología y cooperación
  • Surfrider – Foundation Argentina
  • Sustentabilidad Sin Fronteras
  • UICN – Comité Nacional Argentina
  • Unidos por Nuestras Acequias
  • Viento Sur – Zapala
  • WCS Argentina
  • Wetlands International
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China-driven financial initiatives: access to information and accountability

Much of what happens in Argentine foreign policy is linked to China, hand in hand with its growing global influence, which is why it is important to know initiatives such as the Asian Infrastructure Investment Bank and the Belt and Road Initiative. , in which China is its main promoter. At Fundeps we share documents with basic and accessible information about these initiatives, placing emphasis on practical resources to access information and their accountability 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”.

The Belt and Road Initiative (BRI) represents China’s flagship global connectivity and infrastructure development program that aims to boost trade and new political and economic ties with participating nations, primarily emerging and “developing” countries. ”. For its part, the Asian Infrastructure Investment Bank (AIIB) is a multilateral development bank created in 2015 at the initiative of China that currently has more than 100 member countries around the world and finances projects in other regions, such as Latin America and the Caribbean or Africa.

The AIIB is closely linked to the Belt and Road Initiative not only because the processes of formation of these two instruments were promoted by Chinese President Xi Jinping and occurred simultaneously, but also because the AIIB constitutes the main tool financing for projects that are part of the IFR. Likewise, both are part of a process of geopolitical reconfiguration where the center of gravity of the world economy turns towards the Asia Pacific. Furthermore, both have been the subject of criticism since their inception in relation to the negative environmental and social impacts that their projects have generated and the lack of transparency, accountability and citizen participation in their design and implementation.

The role that the AIIB and the IFR play – and will play in the medium-short term – in Argentina is much closer and more tangible than we believe: although they seem like initiatives or actors that are distant and unrelated to the local reality, through Their actions promote or facilitate the implementation of large infrastructure and energy projects in the country that, in turn, have – or may have – a direct or indirect impact on people’s daily lives and may affect social and/or environmental rights. , especially from the populations and communities linked to the projects. In fact, there is already a first approved project in Tierra del Fuego that will be financed by the AIIB for an amount of 65 million dollars and, within the framework of the IFR, there are various projects committed in our country. For this reason, it is essential to monitor them, know how to access information about the projects and how to file a complaint with the Bank’s accountability mechanism.

In addition to this and given the frequent lack of transparency of Chinese banking and the general lack of knowledge about it, at Fundeps we share these updated brochures with summarized information about the AIIB and the Belt and Road Initiative. We also added instructions on how to make a complaint to the Project Affected Persons Mechanism (PPM), the AIIB’s accountability mechanism.

How does the situation influence?

During the current government of Javier Milei, diplomatic ties between both countries have been strained due to the reconfiguration of the new administration’s foreign policy, with greater geopolitical alignment with the United States and the West. We can also mention certain measures such as the decision of the Argentine government to visit the Chinese space base in Neuquén or renounce Argentina’s membership in the BRICS bloc, the brake on infrastructure works with Chinese financing or even statements by the President himself or of Foreign Minister Diana Mondino. This has been reflected, among other things, in the difficulties in the negotiations to renew the swap with China – currency exchange between the central banks of both countries – or in the weakening of the commercial link, which has moved China to fourth place. place as Argentina’s trading partner, currently positioning itself behind Brazil, the European Union (EU) and the United States.

However, it is worth highlighting that the link between Argentina and China continues to be very important, and will continue to be so in the future, regardless of the government in power.

A bilateral relationship of a strategic nature

The bilateral relationship between the People’s Republic of China and Argentina has been strengthening in recent decades and has acquired greater relevance since the 2000s, becoming established, almost 10 years ago, as a Comprehensive Strategic Association. It includes an expansion in the areas of cooperation and covers not only economic and financial aspects but also political, commercial, technological, cultural, health and investment matters. This strengthening of ties was reflected in the incorporation of Argentina to the two initiatives mentioned here.

The signing of a Joint Declaration in 2004 and the Comprehensive Strategic Association in 2014 have been, at the diplomatic level, two unavoidable antecedents to understand Argentina’s entry into the IFR and the AIIB. Given the continuity and long-term projection of the Sino-Argentine link, it can be said that Argentina’s entry into the IFR (in 2022) and the AIIB (from 2021, as a non-regional member), are consistent with the rapprochement and consolidation of bilateral relations since their normalization in 1972 and crystallize this long-standing bond between both countries, posing both opportunities and challenges for our country.

 

 

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Concern about the situation of people detained in the demonstration against the Bases Law

We express our deep concern about the situation of the people detained during the demonstration against the bill known as the Bases Law. Protesting is a right and it is essential that international norms and standards are respected. From Fundeps, we appear before the Federal Justice requesting the immediate release of these people.

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

On June 12, within the framework of the treatment of the draft “Law of Bases and Starting Points for the Freedom of Argentines” in the National Congress, a demonstration took place that ended in arbitrary arrests after the repression of the security forces.

The operation carried out by the Federal Police, Gendarmerie and Naval Prefecture advanced on the people using gas, fire hydrant trucks and rubber bullets. This action received congratulations from the Office of the President who described those who demonstrated as “terrorists,” accusing them of attempting a “coup d’état.”

The criminalization of social protest is a serious violation of human rights. Freedom of expression and the right to peaceful assembly are protected by national laws, our National Constitution and international human rights treaties to which our country is a party.

For all this, we appear before the Federal Justice requesting the immediate release of the detained people, who are in that situation for acts that do not constitute any crime. Furthermore, without clarity of their conditions, reasons for detention and in violation of their rights in the processes initiated.

Democracy is strengthened by guaranteeing the right to demonstrate and to be able to express ideas freely, without fear of repression and criminalization. Under no point of view can a social claim be assimilated with a coup d’état.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

 

*Image source: FARCO Agency

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Serious setback in access to justice: they order the closure of 81 care centers throughout the country

Yesterday, June 10, a resolution from the Ministry of Justice was published in the Official Gazette ordering the dissolution of 81 Access to Justice Centers. In this way, there will be only one Center per province and remote care will be privileged, which dismantles a primary legal care system linked to decentralizing and breaking down the geographical barriers that the most vulnerable people face when accessing justice. Civil society organizations and different people and institutions committed to access to justice agree on the loss that the reduction of this service means.

“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”.

For 15 years, the Access to Justice Centers (CAJ) have been extended as a federal policy throughout the country that brings answers to all citizens, but particularly to the most vulnerable groups in society. The focus is precisely on popular neighborhoods and/or rural areas, places that historically have had greater barriers to accessing their rights. CAJs are devices that provide primary legal care: it is about providing services that specifically address the daily legal needs of vulnerable communities: access to personal documentation, advice on family or work issues, assistance to crime victims, among others. issues. It is the first line of care, located in the territories, that allows removing historical barriers linked to the distance between those most vulnerable people and the state responses they require.

The traditional institutions of the justice sector do not deal – or arrive very late, in a fragmented manner and through long, rigid, winding, expensive and generally ineffective paths – to provide answers to many of the problems that communities face. Faced with this, having decentralized centers, with a territorial approach, that can fully accompany people in resolving the needs they experience is essential.

According to data from the Ministry’s own website, from 2016 to 2022, the Access to Justice Centers attended more than 1,300,000 queries.

What is the current situation of the CAJs?

According to official information from the Ministry of Justice provided in response to a request for access to information made by the Civil Association for Equality and Justice (ACIJ), six Centers had been closed so far this year (going from 109 to 103 ). However, today, a resolution from the Ministry of Justice was published in the Official Gazette that resolves that there will be only one Center per province and remote care will be privileged, which violates a first principle of primary legal care linked to decentralize and break down the geographical barriers that people face. At the same time, it does not take into account the need for support that the most vulnerable people face or the technological barriers.

The cost of Access to Justice

Simultaneously with the announcement of the Official Gazette, the Executive Branch issued a statement that ignores, on the one hand, the most basic premises of access to justice and, on the other, some obvious facts such as that in Argentina there has been no Ombudsman for a long time. 15 years or that the Crime Victim Assistance Centers (CENAVID) operate precisely in the CAJ or remotely through telephone service.

In the same statement, reference is made to the cost that this policy has for the country. The first thing to say is that it is not possible to verify the figure of 8 billion pesos that the Ministry of Justice mentions regarding the cost of maintaining the CAJs. However, it is necessary to highlight that, if that were the correct number, it would correspond to only 0.01% of public spending. In comparative terms, it is equivalent, for example, to 8% of the tax benefits granted to the Mercado Libre company in 2023 or 0.18% of what Argentina has paid in external debt services so far.

At the same time, it is important to highlight that the use of the law by people in situations of greater vulnerability and early attention and resolution
of legal consultations and conflicts result in better economic results in general, avoiding the loss of resources and the aggravation and escalation of the problems they face. Investment in Access to Justice ends up reducing State expenses. Currently, international organizations such as the OECD encourage the implementation of this type of device, in part, with arguments of this type.

Concern about the current situation is transversal. Civil society organizations and different people and institutions committed to access to justice agree on the loss that the reduction of this service means. In the current situation of socioeconomic crisis, these territorial and people-centered policies are a fundamental instrument for effective access to justice.

FIRMS

  • ACIJ – Asociación Civil por la Igualdad y la Justicia
  • ELA – Equipo Latinoamericano de Justicia y Género
  • INECIP – Instituto de Estudios Comparados en Ciencias Penales y Sociales
  • CELS – Centro de Estudios Legales y Sociales
  • Fundeps
  • Capibara
  • Xumek
  • RAAC – Red Argentina de Abogacía Comunitaria
  • Curas Villeros
  • Andhes – Abogados y Abogadas del Noroeste Argentino en derechos humanos y
    estudios sociales.
  • Observatorio de justicia sanitaria y climática

About access to justice

Access to justice is an internationally recognized human right and is also considered instrumental, that is, it allows access to others rights. It includes guaranteeing the effectiveness of the rights of all people, which includes not only being able to access judicial actions but not finding non-judicial, administrative and alternative responses to conflicts that affect people’s daily lives.

Contact
Mayca Balaguer, maycabalaguer@fundeps.org
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Protection against gender violence is a commitment to the entire society

Three days after the 9th anniversary of Ni Una Menos and five after the publication of the femicides report that confirmed that in 2023 there were 250 victims in our country, the national government decided to close the Undersecretariat for Protection Against Gender Violence. A woman dies every 35 hours in Argentina, while one in two women in a relationship has suffered or is suffering from domestic violence and there are no state structures to resolve it.

“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”.

According to data from the National Registry of Femicide of the Women’s Office of the Supreme Court of Justice, there have been between 226 and 260 victims of femicide per year from 2017 to 2023. It is clear that lethal gender-based violence is far from being resolved. The problem is real and not ideological. To these lethality data we must add the 124,000 calls to line 144, a state policy that has been in existence for 10 years and is a hub for prevention.

Public policies to address cases of gender violence are part of a commitment that the Argentine State has historically made within the framework of international agreements and that is why gender institutions were created almost 40 years ago to carry them out. Argentina occupies a privileged role in the fulfillment of these agreements and has been a pioneer in taking measures against discrimination and violence against women and LGBT people. It is taken as an example internationally.

Without specialized bodies in the comprehensive approach or sufficient personnel and budget, the Argentine State will not be able to design and implement adequate policies to prevent and punish these acts. But, furthermore, you will not be fulfilling your obligations. With the closure of the Undersecretariat for Protection Against Gender Violence, the Argentine State goes back to times prior to 1987 when the first undersecretariat for women was created and retraces a path of progressive progress that it achieved in the last 37 years.

Our National Constitution grants constitutional status to the Convention for the Elimination of Discrimination against Women (CEDAW), committing to the development of policies aimed at eliminating discrimination against women by all appropriate means and without delay and enshrining the Inter-American Convention to Prevent , Punish and Eradicate Violence against Women (Belem do Pará) in 1996 through Law No. 24,632. With the closure of the Undersecretariat, the commitments no longer have reference authority for the design of policies and budgets and Law No. 26,485 on Comprehensive Protection to prevent, punish and eradicate violence against women will no longer have enforcement authority.

Fiscal regulation cannot be done at the cost of deaths and other forms of discriminatory violence against the population. Our society has built a consensus against gender violence. It is not an option to reverse four decades of progress.

We demand that the government rise to the urgency and immediately designate an adequate structure to respond to a problem that does not cease. We urge Congress to ensure that the laws it defines for social protection are executed.

 

SEE ACCESSIONS: La protección contra la violencia de género es un compromiso con toda la sociedad

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We present the website “Escazú for communities”: a tool to defend the environment

We launched the web platform “Escazú Agreement for communities”, which provides information about the Agreement and the rights it contemplates with data and practical models to make them effective. Additionally, within the site, a document is available to download that brings together the experiences and learnings of different communities in Córdoba that face environmental problems and have been fighting for years.

“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 Escazú Agreement is the first environmental treaty in the region on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean. It is also the first treaty in the world to contain provisions related to the protection and promotion of the work carried out by human rights defenders in environmental matters.

At Fundeps, we have been accompanying the process of the Agreement since before its approval in 2018, due to the central role it plays in strengthening environmental democracy and climate justice. Within the framework of this process, when it came into force in Argentina we launched a Resource of the Escazú Agreement and a Guide on Access to Environmental Information. Then, we carried out a training cycle on access to public environmental information and an introduction to Escazú, and in 2023, as part of the project called “Escazú Agreement: What is happening in Córdoba?”, we held workshops in different locations in the province. crossed by socio-environmental conflicts.

This entire journey, added to the daily accompaniment to communities in Córdoba, allowed us to detect the need to create a tool that brings together all the inputs created, information related to the Escazú Agreement and that provides practical instruments to facilitate the exercise of the rights it regulates. For this reason, we launched “Escazú for communities” (agreementdescazu.org), a platform that provides information about what the Agreement is, what rights it contemplates and how they are exercised, what is the history of the Agreement, which countries in the region are part, the answers to frequent doubts that arise among those who defend the environment, among other contents. Our objective is to make available to communities the tools that Escazú offers to promote and monitor their effective implementation, and strengthen the struggles of people and groups that defend the environment, collective health and their territories.

Among the tools on the site, you can find: models for requesting public environmental information, explanations on how citizen participation should be guaranteed and made effective in decisions that impact the environment, types of judicial actions that can be filed to claim; the obligations of States to guarantee the safety of those who defend the environment, among other issues.

At Fundeps we have also been working to strengthen the strategies and approaches to socio-environmental conflicts, putting human rights defenders in environmental matters at the center. For this reason, within the website you can also access “Resisting and re-existing in community. Stories and experiences of socio-environmental struggles in Córdoba. This document is the result of a series of interviews carried out during 2023 and 2024 with seven communities in struggle in the province of Córdoba (OMAS, VUDAS, Todxs por Nuestros Arreros, Vecinos Autoconvocados de Marcos Juárez, Preservando el Parque de la Vida, Madres de Barrio Ituzaingó and Friends of the San Martín Reserve), to whom we deeply appreciate their support and collaboration. The purpose is to share the experiences of the communities, their stories and their useful advice for those who are beginning a process of socio-environmental struggle.

We are committed to this website serving as reference material and strengthening environmental capacities. We also promote the dissemination of struggle strategies and the learning of those who carry them out in the province, so that socio-environmental challenges are navigated solidly knowledge, based on shared experiences and, above all, on the network.

We hope that it will be useful to interested people, and above all, to those who defend human rights in environmental matters.

VISIT THE WEBSITE

Author

Ananda María Lavayen

Contact

Laura Carrizo, lauracarrizo@fundeps.org

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It is urgent to protect children and youth from the interference of the tobacco industry!

On World No Tobacco Day, we again call for the development and implementation of public health policies to be free of interference from tobacco companies. It is urgent that the Argentine State prioritize the well-being and health of its population, and especially those who are the focus of the marketing strategies of this industry, that is, children and youth.

“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”.

Tobacco and nicotine products are lethal. According to the World Health Organization (WHO), more than 8 million people die each year due to the consumption of these products and 1.3 million people die from just being exposed to second-hand smoke. For its part, Argentina’s epidemiological context is not far behind. According to the latest World Youth Tobacco Survey (2018), our country has one of the highest prevalence rates of tobacco addiction in the region: 20.2% of adolescents smoke. As if that were not enough, the age of initiation into consumption is already between 12 and 15 years.

Although it is well known that tobacco kills up to half of those who consume it, States are permeable (and sometimes even complicit) to the wide range of interference strategies deployed by tobacco companies. In general terms, these strategies seek to hinder the processes of advancing more protective norms of the right to health, undermine existing regulatory frameworks, take advantage of certain legal loopholes, as well as the ineffectiveness of State control mechanisms and, Finally, -the greatest purpose- to increase their profits and generate the necessary conditions to guarantee the sustainability of their businesses.

In Argentina, the interference of the tobacco industry is present, mainly, through the permanent and sustained lobbying of authorities of the National State and the provinces, the sabotage of legislative processes, the misrepresentation of scientific evidence along with the construction of confusing narratives that They seek to position their products as having reduced risk and the generation of economic threats in the face of the development of policies that seek to regulate their activity.

Without going any further, the push and pull that is taking place within the framework of the debate over the Bases bill in the National Congress which, among other things, implies a reform in the tax structure on tobacco products, are a clear example of the way in which this interference materializes. Both the exchanges between legislators and the media coverage have focused on the economic damages that one or another tobacco company would suffer if the reform were to advance, without taking center stage the negative impact that public health would suffer with a tax modification of these characteristics. -which enables the presence of very cheap cigarettes on the market, hindering the reduction of consumption- and, least of all, the great scandal that represents the fact that public power intervenes (or rather, plays a decisive role) in decision-making. any tobacco industry.

Although this has been the case of interference that, in recent days, has acquired greater notoriety, it is also possible to find other cases that reveal that progress towards better regulatory frameworks is, historically, a process fraught with obstacles. In this sense, the numerous draft regulations stand out that, after the sanction of the National Tobacco Control Law in 2011, were presented in the National Congress with the purpose of strengthening the response of the Argentine State to marketing tactics. of the tobacco industry. Despite the different presentations by various political parties and the important efforts of civil society to promote them, none of them achieved legislative treatment, losing their parliamentary status.

Along these lines, the large number of failed attempts to get the Argentine State to ratify the WHO Framework Convention on Tobacco Control (FCTC) deserves special mention. A survey of the databases of the Chamber of Deputies and Senators of the Nation showed that, between 2003 and 2022, 33 bills were submitted – 15 in the Senate and 18 in the Deputies –, postulating accession to the Framework Agreement and without None of them managed to reach the plenary session. This instrument and its ratification by the National State are necessary and urgent as it would allow for a comprehensive framework for the implementation of policies aimed at reducing supply, demand and health, social and environmental damage caused by products. tobacco and nicotine. In addition, it would provide effective tools to protect public health policies against the commercial interests of tobacco companies, as well as individuals or other organizations that work to promote the interests of this industry. Even though the positive and strategic implications of being part of the Framework Convention are more than evident, our country is the only one in South America and one of the few in the world that is not yet part of it.

That said, it is worth asking: what are the consequences of allowing the deployment and interference of these practices within the States and, particularly, the Argentine State? Who is really harmed?

Although our country has a regulatory framework that in preventive matters has adopted certain restrictions on marketing, the protection of smoke-free environments and the prohibition of emerging products (such as electronic cigarettes and heated tobacco products), the truth is is that these regulations have become outdated in the face of an industry that is constantly renewing itself and that spends millions of dollars on amplifying and diversifying its marketing strategies. Added to this is the almost non-existence of oversight mechanisms by the State, which prevents the identification of violations of existing regulations, the application of sanctions to offenders and, ultimately, a serious weakening of the progress that – after many efforts – the Argentine population managed to achieve tobacco control policies.

This situation is especially critical for the protection of children and youth, who, because they are in a stage of training and development, are highly vulnerable to the manipulative practices of the tobacco industry. This deepens if regulatory frameworks and state responses are insufficient to combat them.

Industry strategies are diverse. The launch of innovative and sophisticated products, the construction of narratives that position them as the “alternative” to quit smoking, the organization or presence at massive events or parties, and the use of social networks together with the hiring of influencers for their promotion have a single purpose: to naturalize – especially among young people – the consumption of tobacco and nicotine products, create a new generation of consumers and maintain a captive audience among those who already suffer from this addiction.

There is no doubt that tobacco industry interference undermines efforts to reduce the tobacco epidemic in our country. For this reason, we reiterate that the ratification of the FCTC by the Argentine State would represent a fundamental step to reverse this situation, as well as a firm commitment to the health and quality of life of its youngest population.

Protecting public health policies from the stalking of corporate interests in this industry is the most challenging aspect of tobacco control and, at the same time, the most urgent and necessary. The Argentine population needs the commitment of all social actors and political forces so that their rights are prioritized. It is no longer possible to continue waiting.

Authors

Clara Diaz Yofre Maga

Merlo Vijarra

Contact

Maga Merlo, magamerlov@fundeps.org

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Civil society organizations and academics reject the candidacy of Lijo and García-Mansilla to the CSJN

Gides (Social Rights Research Group), Fundeps (Foundation for the Development of Sustainable Policies) and Católicas por el Derecho a Decidir Argentina presented ourselves to the Ministry of Justice of the Nation to explain the reasons why we consider that the candidates for fill the vacancies in the Supreme Court of Justice of the Nation, Ariel Lijo and Manuel García-Mansilla, do not meet the conditions required to integrate the highest body of justice in our country.

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

As academic and civil society organizations with a long history in the field of human rights, we understand that the Supreme Court of Justice of the Nation, as the main guarantor of the National Constitution and the Rule of Law, can only be made up of people whose experience reflects strong suitability and independence, as well as a firm commitment to constitutional principles and human rights.

Ariel Lijo faces serious accusations in the Judicial Council, including negligence in the investigation of corruption cases, unjustified delays in legal processes and accusations of illicit enrichment, in addition to criminal charges for illicit association, money laundering, bribery and influence peddling. . Furthermore, he lacks professional or academic merits to support his candidacy.

Likewise, we express our deepest concern about the flagrant lack of representation of various sectors of society in the potential composition of the Supreme Court. The inclusion of new members should reflect gender diversity and thematic and regional specialization, to ensure adequate representation of a federal country like ours. It is necessary to emphasize that gender diversity in public positions and decision-making bodies is a legally binding requirement derived from our constitution and international treaties.

For all of the above, we reject the candidacies of Ariel Lijo and Manuel García-Mansilla to the CSJN. We demand that constitutional guarantees be respected to achieve an equitable composition that takes into account regional and gender diversity, as well as the minimum conditions of professional experience required to occupy one of the most important positions of justice in our country.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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From Córdoba to Brazil: Environmental defenders in the Inter-American Court of Human Rights

From May 20 to 29, the 167th Ordinary Period of Sessions of the Inter-American Court of Human Rights (CoIDH) was held in Brazil. On this occasion, the Public Hearings of the Advisory Opinion on “Climate Emergency and Human Rights” presented by Chile and Colombia continued. On April 27, the CIEL Foundation and VUDAS (United Neighbors in Defense of a Healthy Environment) were presenting within the framework of the amicus curie presented by Fundeps together with other civil society organizations, representatives of the Public of the Escazú Agreement and communities in struggle, relating to human rights defenders in environmental matters in the context of climate change and 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”.

In January 2023, Chile and Colombia presented to the Court a request for an Advisory Opinion on Climate Emergency and Human Rights. Through this request, the CoIDH was asked to issue a ruling in relation to state obligations to protect, prevent and guarantee people and territories in the context of a climate emergency.

Dozens of organizations and defenders from the region saw in this request for an advisory opinion an opportunity to present to the IACHR their observations, arguments and concerns regarding the points of analysis presented by Chile and Colombia. The level of citizen participation, carried out through amicus curiae, makes the request historic and highlights the concern that exists around the issues presented to the CoIDH for its consideration.

In this sense, in the amicus curie, from Fundeps, together with more than 15 civil society organizations, elected representatives of the Public of the Escazú Agreement and communities in struggle, we provide arguments related to:
a. the importance of ratifying the Escazú Agreement by countries that have not yet done so.
b. The fundamental thing would be for the Inter-American Court to apply the protection standards of the Escazú Agreement in its decisions.
c. The intersectionality that exists between structural inequalities, vulnerability to the climate emergency and the risks faced by women and, in particular, women defenders.
d. The challenges presented by the energy transition in relation to the protection of human rights.

Representing the amicus, Luisa Gómez from the CIEL Foundation and Silvia Cruz and Maria Rosa Viñolo from Vecinas Unidos en Defensa de un Ambiente Seguro (VUDAS) traveled to participate in the hearing in the city of Manaus, Brazil. On Monday, May 27, they presented the main argumentative points of the amicus. You can see his interventions starting at minute 51:27 of this video.

They have been carrying out a socio-environmental struggle for more than 10 years against the installation and operation of a bioethanol production plant in their neighborhood, in the City of Córdoba. From Fundeps, we accompany the VUDAS in their fight and on this occasion, we present their witness case in the inter-American system as it illustrates the challenges faced by human rights defenders in environmental matters and even more so by women defenders. The VUDAS, like other organizations, navigate daily the contradictions of an unjust energy transition, which generates areas of sacrifice and puts human rights in check. Many of the alternatives or solutions that are presented as “green” in the context of energy transition, bring with them multiple problems and violations of rights that, if not addressed comprehensively, endanger communities and territories.

The resolution of this request for an advisory opinion, which is expected at the end of this year, generates great expectations due to the need that exists in the inter-American human rights system, for the IACHR to issue a ruling regarding the obligations and responsibilities of the States. in the context of climate emergency and energy transition.

 

Author

Manuela Fernandez Grassani

Contacto

Laura Carrizo, lauracarrizo@fundeps.org