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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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WE SAY AGAIN: NO TO THE BASE LAW

On Thursday, April 25, the plenary session of the Budget and Finance, General Legislation and Constitutional Affairs Committees of the Chamber of Deputies reached the opinion on the new law of Bases and starting points for the freedom of Argentines (former omnibus law) . Today, Monday, the law will be discussed in the chamber, together with the so-called “Fiscal Package”, the law on Palliative and Relevant Fiscal Measures, which introduces modifications to the tax regime. From Fundeps, we once again say #NoALaLeydeBases, because:

“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”.

  • Its treatment and approval in Commissions was in accelerated times. And the debate process was not open or participatory. In this way, a broad and specific discussion of each of the topics addressed was not allowed.
  • It allows institutions such as CONICET, the National Securities Commission, the Financial Information Unit, ANMAT, INTA, INCUCAI, INCAA, Enacom, CONEAU, among others, to be intervened, split, partially dissolved or lose functions and powers. other decentralized or centralized organizations.
  • Depending on these powers, and by not being explicitly excluded from the list, it could affect the operation of the National Genetic Data Bank (BNDG), which allows the identification of the grandsons and granddaughters that the Grandmothers of Plaza de Mayo have been looking for since the dictatorship. ; and the National Administration of National Parks (ANP), putting our protected areas at risk.
  • It introduces modifications to the pension regime, which in a context of extensive labor informality, means that 9 out of 10 women will not be able to retire at age 60 and will have to wait until age 65 to access a Universal Benefit for the Elderly (PUAM), and that 7 out of 10 men will also not be able to retire at age 65, having to opt for a non-contributory pension or a proportional retirement.
  • The fiscal package introduces the elimination of the Social Monotribute, which was a category designed to promote the formalization of lower-income sectors. This measure could affect more than 600,000 workers.
  • The labor reform, in line with the chapter of DNU 70/2023 that was judicialized, implies an enormous reduction in rights, since it encourages unregistered work by eliminating fines and compensation, extending the trial period, among other measures.We insist that this project, even with the modifications that were made from February to today, must have greater public debate and cannot be approved. It affects the rights of workers, deepens gender inequalities, attacks the protection of nature, puts the science and technology system at risk; and subjects several public companies to privatization processes, which are strategic for the development of our country and the defense of sovereignty. 

     

     

    Contact

    Mayca Balaguer, maycabalaguer@fundeps.org

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Opening of sessions: it is urgent that Congress reject DNU 70/2023

Within the framework of the opening of the ordinary sessions of the National Congress, civil society organizations reiterate our request for treatment and rejection of the decree “Bases for the Reconstruction of the Argentine Economy.”

“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”.

At the beginning of the ordinary sessions, we remember that Congress has the duty to reject this decree and all those that in the future exceed the constitutional limits, exercising its role within the system of checks and balances, as well as to guarantee a parliamentary debate of quality that ensures robust citizen participation.

The Executive Branch is prohibited from legislating. Although our National Constitution enables it to issue decrees of necessity and urgency (DNU), it only allows it to do so when there are exceptional circumstances that make it impossible to follow the ordinary procedures provided for the enactment of laws.

Decree 70/2023 does not meet the constitutional requirements for its validity. Sufficient arguments do not emerge from its foundations to account for the circumstances of force majeure that prevent the chambers of Congress from debating each of the reforms included in it, nor is the causal relationship between the identified problems and the measures adequately explained. that are available.

Far from understanding the exceptional nature of the DNU, Decree 70/2023 carries out a massive and systemic legislative reform. Given its magnitude and significance, the regulatory changes included in it can only be discussed by Congress, which is where all political forces are represented, including minority ones.

Additionally, it is the legislative debate that provides opportunities for citizen participation, essential for strengthening the democratic system.

It is precisely to avoid excesses in the use of the power to issue decrees of necessity and urgency that our Constitution designed a subsequent legislative control process through which its validity or invalidity must be determined taking into account their adequacy to the formal and substantial requirements. established by her.

It is essential to highlight that Decree 70/2023 is already in force, projecting itself on substantive aspects of our community life, addressing issues related to health, housing, labor relations, contracts, the economy and finances, among others. These modifications affect the individual and collective rights of millions of people, many of which are already before the courts demanding its suspension and inapplicability for themselves or for the groups they represent.

Today the Legislative Branch is lacking. Therefore, we once again ask you to defend the rule of law and honor the division of powers.

Organizations:

1. Asociación Civil por la Igualdad y la Justicia (ACIJ)
2. Asociación Ecuménica de Cuyo (FEC)
3. ANDHES
4. Campaña Argentina por el Derecho a la Educación (CADE)
5. Coordinadora de Abogadxs de Interés Público (CAIP)
6. Centro de Estudios Legales y Sociales (CELS)
7. Consciente Colectivo
8. Comisión Argentina para Personas Migrantes y Refugiadas (CAREF)
9. Democracia en Red
10. Equipo Latinoamericano de Justicia y Género (ELA)
11. Fundación SES
12. Fundación Protestante Hora de Obrar
13. Fundación Mujeres x Mujeres
14. Fundación Igualdad
15. Fundación Ambiente y Recursos Naturales (FARN)
16. Fundeps
17.Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
18. Jóvenes por el Clima
19.Red argentina de abogacía comunitaria (RAAC)
20.Xumek

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The National Congress must treat DNU 70/2023 urgently and reject it for violating the National Constitution

Civil society organizations write a letter to legislators asking them to focus on the immediate treatment and rejection of the decree “Bases for the Reconstruction of the Argentine Economy.”

“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 accordance with what is established by the National Constitution, the Executive Branch is prohibited from issuing legislative provisions. However, our fundamental rule allows that exceptionally, and in accordance with certain requirements, the tool of decrees of necessity and urgency (DNU) be used.

These types of decrees are admissible only when there are exceptional circumstances that make it impossible to follow the ordinary procedures provided for the sanction of the laws. That is, the DNUs proceed when the situation is of such urgency that it must be resolved immediately, within a period incompatible with that required by the normal parliamentary procedure.

It is evident that the foundations of Decree 70/2023 do not meet the requirements for the issuance of a standard of this nature. There are no sufficient arguments to explain the circumstances of force majeure that prevent the chambers of Congress from meeting, nor is it proven that the solution required is incompatible with the legislative debate. In fact, before the decree came into force, the Executive Branch called extraordinary sessions, and today Congress is in session. Furthermore, the causal relationship between the identified problems and the measures available is not explained.

Far from understanding the nature of the tool, DNU 70/2023 carries out a massive and systemic legislative reform. Given its magnitude and significance, the regulatory changes included in it can only be discussed by Congress, which is where all political forces are represented, including minority ones. Additionally, it is the legislative debate that provides opportunities for citizen participation, essential for strengthening the democratic system. In this sense, it must be remembered that, as our Supreme Court of Justice pointed out, “the National Constitution does not allow a discretionary choice between the sanction of a law or the more rapid imposition of certain material contents by means of a decree”.

On the other hand, it is essential to highlight that Decree 70/2023 is already in force, projecting itself on substantive aspects of our community life, addressing issues related to health, housing, labor relations, contracts, economy and finance, among others. These modifications affect the individual and collective rights of millions of people, many of whom are already before the courts demanding their suspension and inapplicability for themselves or for the groups they represent.

It is precisely to avoid excesses in the use of the power to issue decrees of necessity and urgency that our Constitution designed a subsequent legislative control process through which its validity or invalidity is determined taking into account the adequacy of these to the established formal and substantial requirements. constitutionally for its dictation.

Having expired the deadlines established in Law 26,122 for the opinion of the Permanent Bicameral Commission, Congress has the duty to rule on the decree. For this reason, we ask the legislators of both chambers of the National Congress to dedicate themselves to its express and immediate treatment, and reject it for not satisfying the constitutional requirements.

The silence, the wait, the calculations associated with political gain imply an implicit endorsement of a conduct that ostensibly goes beyond the contours of our fundamental norm. In defense of the Constitution, the system of checks and balances, justice and legal security, Congress is called to ensure that the Executive Branch operates within the limits of the rule of law. The duty to our National Constitution and to citizens must prevail over any other consideration.

 

Organizations:

  • Asociación Civil por la Igualdad y la Justicia (ACIJ)
  • Amnistía Internacional Argentina
  • Equipo Latinoamericano de Justicia y Género
  • Fundeps
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación Ambiente y Recursos Naturales (FARN)
  • Jóvenes por el Clima
  • Hora de Obrar
  • Instituto Latinoamericano de Seguridad y Democracia
  • Asociación Civil para la promoción y Protección de los Derechos Humanos (Xumek)
  • Abogados y Abogadas del NOA en Derechos Humanos y Estudios Sociales (ANDHES)
  • Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
  • Centro para la Implementación de los Derechos Constitucionales (CIDC)
  • Democracia en Red
  • Centro de Políticas Públicas para el Socialismo (CEPPAS)
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Democracy is cared for inside and outside Congress

The forms of deliberation, public demonstration, journalistic work, the restriction of state violence, are all necessary conditions for social and political coexistence within the framework of democracy.

“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 police operation deployed in front of Congress, while it was in session, was violent and excessive, outside the current regulations for action in response to demonstrations. It was organized by the Ministry of National Security, with an excessive deployment of different forces that caused injuries from rubber bullets, irritating gases with an unprecedented capacity for damage, and blows from tonfas. In a historical regression, there were police with firearms, something that had been avoided in all governments more than 20 years ago. The police intimidated older people, left around thirty journalists with injuries of varying severity, and attacked human rights defenders and protesters from different political sectors. Threatening freedom of expression and demonstration, it advanced in the streets, on the sidewalks and in the plaza.

Within Congress, the regulations are violated: days of debate pass on an opinion that is not known, which is being written outside the committees as the sessions progress. These irregularities, in the face of society, deteriorate the institutions. Furthermore, as expressed in the bill, the delegated powers requested by the Executive Branch could impact legislative paralysis and expanded margins of arbitrariness given the vague, general and elusive way in which they are expressed.

The democratic conditions of debate and coexistence are today deeply tense and rarefied. While legislators debate the destiny of the country and its economic and natural resources in record time, the highest officials publish messages that celebrate and encourage police violence and violence by particular groups.

We call on political parties, all authorities with public responsibilities and the different sectors of the community to make an urgent call for respect for the rights that are being violated, for democratic coexistence, in appropriate institutional terms and without repression.

Signing:

Andhes (Abogados y Abogadas del Noroeste Argentino en Derechos Humanos y Estudios Sociales)

Asociación Ecuménica de Cuyo (FEC)

ELA (Equipo argentino de justicia y género)

Fundeps (Fundación para el Desarrollo de Políticas Sustentables) 

CELS (Centro de Estudios Legales y Sociales)

Fundación Protestante Hora de Obrar

Asociación para la promoción y protección de los Derechos Humanos Xumek

Fundación SES

Fundación Ambiente y Recursos Naturales (FARN)

CAREF – Comisión Argentina para personas Refugiadas y Migrantes

Consciente Colectivo

Red Argentina de Abogacía Comunitaria (RAAC) 

Campaña Argentina por el Derecho a la Educación (CADE)

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We claim the right to protest and demand: enough repression

After the publication in the Official Gazette of the Nation of Decree of Necessity and Urgency 70/2023, which was widely questioned by civil society for favoring large global corporations and lacking the urgency that would justify its adoption, thousands of protesters gathered. They gathered in different parts of the country to express their repudiation.

“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 the city of Córdoba, the call took place in the Patio Olmos, where hundreds of people gathered around 9 p.m. and blocked the road on Vélez Sarsfield Avenue in a peaceful demonstration. Around 10 p.m., the Córdoba Police confronted the gathered people and fired pepper spray and rubber bullets to clear the protest, taking 5 protesters into custody.

As a human rights organization, we maintain that the right to petition authorities, freedom of expression and the right to protest play a key role in developing and strengthening democratic systems. They are protected by our Constitution and by various international instruments.

Social protest must be managed democratically and not criminalized or repressed. Public powers must respect international standards related to social protest and the obligations that must guide the state response.

For this reason, we demand that local authorities take the necessary measures to adequately address social conflict, in compliance with constitutional guarantees and human rights. We also demand the immediate release of those detained.

The people have the right to express themselves and take to the streets to fight. Enough repressing. Enough chasing.

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Public Budget in Córdoba: reflections on the Public Hearing

The Executive Branch of the province of Córdoba presented the 2024 budget bill. On November 9, we presented ourselves at the Public Hearing held in the Legislature.

“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”.

Like every year, the following year’s budget bill is presented. This 2023, due to the elections, the times were brought forward and the project was presented on October 24, something that usually happens on November 15. After being presented, the project is discussed in several Commissions and approved in two legislative sessions, called 1st and 2nd reading. And in between, a Public Hearing is held.

From Fundeps we presented ourselves to the Public Hearing last Thursday, November 9. In this sense, it is noteworthy that starting this year, all the information related to the debate on the 2024 public budget law, with the project and its complementary documents, as well as with the calendar of sessions, dates of the Commission sessions and the Hearing. In addition, the way to register through a web form was improved compared to other years. Yes, we must note that it would be very useful for future occasions to publish the Commissions that meet on each date and to allow external participation, even if it is from listeners. Currently, committee sessions are uploaded to the Legislature’s YouTube channel after they happen.

At the hearing, we made some general observations that we understand make it possible to better analyze the budget and comments on a program related to Water and Sanitation. First of all, we explained that the descriptions of the Budget Programs are very generic and it is necessary that they be accompanied by physical goals and both quantitative and qualitative indicators, for the purposes of their monitoring. In the case of Program 572 analyzed, its content remains the same since its creation in 2018. In the case of the Works, contained in the Public Investment Plans, they are not directly described, at least in the budget documents. Then, we move on to explain Program 572 on Water and Sanitation, which is made up of two subprograms, one related to Drinking Water and the other to Sewage Liquids and Sanitary Services. In both cases we observe their evolution and behavior in the years 2022, 2023 and how they are projected in 2024. In that sense, in the two subprograms the same trend of sub-executions is observed in the year 2022 (32% and 53% respectively). , greater execution in the current year (87% and 75%) and a decrease in the budget allocation for 2024. More notable in the first subprogram than for the second. In that sense, we appeal that these programs be observed by the Legislators present, in view of budget approval in the second session on Wednesday, November 15.

A budget that guarantees rights, such as in this case drinking water and sanitary services that directly impact the rights to health and a healthy environment, is governed by the principles of progressivity and non-regression, in which care must be taken that In the allocation of resources there are no setbacks, avoiding cutting or reducing the levels reached.

Participation in the audience was very varied. There were Professional Associations (such as Lawyers or Notaries), civil housing associations, social sports, companions of children in vulnerable situations, among other actors. This shows that, although this instance is extremely valuable and allows a direct approach by the authorities to problems that bring together different social actors, it also reveals the lack of more spaces for participation. So that people and citizens who often face and solve public problems can channel their demands more effectively. This could be resolved with periodic hearings or greater social participation in the thematic commissions of the Legislature.

It is extremely important that these spaces become increasingly accessible, open and widespread. This is key so that the greatest number of social actors can approach and present their points of view and observations in the development of public policies that directly affect them.

More information

You can consult the entire Public Hearing here, and our participation in the minutes: 2:55.50 – 3:06.20.

Related notes Public budget:

Contact

Victoria Sibilla, ninasibilla@fundeps.org

Ícono de validado por la comunidad
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We participate in the 2023 Global Open Government Summit

Between Tuesday, September 5 and Thursday, September 7, the 8th Open Government Global Summit (OGP Global Summit) was held in Tallinn, Estonia. It brought together members of the Open Government Global Partnership (OGP) from both governments and civil society from around the world, who are working on this agenda in their countries and localities. In this edition, the Summit focused on open government in the digital age, the potential of technology to make governance and policymaking more transparent and accountable, as well as the preservation of democracy.

“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”.

At Fundeps we are part of the Network of Civil Society Organizations for the Open State, which accompanies Argentina’s accession to the Alliance for Open Government. We also contribute to the creation processes of both the National Open Government Plans, as well as that of the province of Córdoba and the Legislature of Córdoba.

Based on this, within the 2023 Global Summit, we participated in the Session “Building national-local coalitions for open government” and shared a panel with different government and civil society references from Brazil, Morocco, Ukraine and the Philippines. Experiences of coalitions between federal or national governments with local or municipal labor governments or civil society were shared. In our case, we share the Federal Open Government Program (PFGA) which was the result of a construction between the National Directorate of Open Government, the Municipal Training Directorate and different civil society organizations that collaborate in its design and monitoring in the 4th and 5th National Open Government Action Plan. The PFGA consists of accompanying different initiatives of transparency, innovation, accountability, participation and collaboration promoted by provincial and municipal governments of our country.

Then we attended other talks, workshops and conferences related to experiences of participation and fiscal transparency; transparency in the extractive sector; climate change and just transition; among other. Without a doubt, the OGP 2023 Summit was a very enriching space to share and exchange experiences and realities among the entire open government community. Although the challenges in this agenda remain and are renewed.

At Fundeps we are committed to continuing to collaborate in strengthening initiatives that tend to generate increasingly transparent and permeable governments, with genuine spaces for participation and that respond to social demands in a collaborative way.

 

Known:

  • All the Sessions that took place at the Summit: here.
  • The initiatives awarded at the Summit: here.
  • The National Open Government Plan: here.
  • The Local OGP Plan of the province of Córdoba: here.
  • The Open Parliament Plan of the Legislature of Córdoba: here.

 

Contact

Victoria Sibilla: ninasibilla@fundeps.org

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Concern of civil society at a serious setback for the right of access to public information

Through resolutions No. 436/2023 and No. 543/2023, the Public Ministry of Defense decided to annul the appointment of the person responsible for the Office of Access to Public Information, citing budgetary reasons. Although there is an interim official fulfilling these tasks, the technical suitability, autonomy and exclusive dedication required to adequately perform the position are not guaranteed, which implies a serious setback for the guarantee of this right.

“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”.

One of the most relevant advances of Law 27,275 on the Right of Access to Public Information was the creation of autonomous and specialized institutions in each of the powers of the national State, which are in charge of controlling its proper compliance, as well as promoting better practices and protect the interest of persons requesting public information. In 2018, the Public Ministry of Defense formed the Agency and appointed its head, who completed his duties in April of this year.

On April 18, 2023, through Resolution 436/2023, the Public Ministry of Defense annulled the regulations for the appointment of the person responsible for the Office of Access to Information of the entity and ordered that its functions were assumed by staff of the Legal Department, on an interim basis. Said decision was supported by a note presented by the Office of General and Financial Administration in which it informed that “in view of the existing budget deficit situation in the projection of annual expenses of this Public Ministry of Defense, there is no possibility of maintaining the existing position structure in the Office of Access to Public Information”.

Subsequently, through Resolution 543/2023, the person from the Legal Department was appointed who, in addition to fulfilling the functions he currently has in that unit, will carry out the tasks entrusted to the Office of Access to Information.

The current scheme does not guarantee the right of access to public information and constitutes a serious setback in the matter. Resolutions 436 and 543 of 2023 are illegal and unconstitutional, as long as:

  1. The person who temporarily occupies the position of head of the Information Access Office does not have the technical suitability, autonomy, or exclusive dedication required to adequately perform the position. Said appointment must conform to the content of Law 27,275 that orders the selection process to be open, public and transparent (art. 28), which has not been respected in this case.
  2. They leave the management of the Office of Access to Information in an interim state without clear rules that over time can become a situation of indefinite permanence. The rules for his election were left without effect and to date no new guidelines have been issued to remedy the current situation.
  3. Both resolutions are based on budgetary reasons, but it has not been proven that other measures that were less harmful to the right were attempted, such as cutting the cost of non-essential services.

The signatory civil society organizations express our concern about this situation and emphasize the need for the Public Ministry of Defense to respect the institutional framework established by Law 27,275 to guarantee the right of access to public information, which strengthens and secures our democracy, facilitates the exercise of other rights and plays an essential role in preventing corruption and promoting transparency in the State. For this reason, we request the General Defender of the Nation to annul resolutions 436 and 543 of 2023 and to begin the selection process so that the position is adequately covered. The note presented can be viewed here.

  • Adhere:

Asociación Civil por la Igualdad y la Justicia

Alianza Regional por la Libre Expresión e Información

Democracia en Red

Directorio Legislativo

Fundación Conocimiento Abierto

Fundeps- Fundación para el Desarrollo de Políticas Sustentables 

INECIP- Instituto de Estudios Comparados en Ciencias Penales y Sociales

Nuestra Mendoza

Poder Ciudadano

Salta Transparente

 

Contact

María Victoria Sibilla, ninasibilla@fundeps.org

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We stand in solidarity with the citizens mobilized in Jujuy and demand an end to violence

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

In a context of subjugation of fundamental rights, such as the right to fair remuneration, to participate in the political processes of constitutional reforms and to care for the land, protest constitutes a legitimate form of claim for communities and for the citizenship in general.

The purported constitutional reform in the province of Jujuy violates widely recognized rights, such as the right to protest, limiting freedom of expression and property to indigenous lands, and enabling the continued violation of fundamental rights for all people, such as It has been happening since last June 17.

In this context, indigenous communities claim that this constitutional reform advances their acquired rights and their territories. Communities have rights that must be respected in the decision-making processes of the State. In this sense, we highlight that the Inter-American Commission on Human Rights “urges Argentina to establish transparent and voluntary dialogue processes, which include local traditional authorities, in order to address the demands of indigenous peoples.”

On the other hand, UN Human Rights expressed its concern about reports of violations of rights and violent actions within the framework of the protests in Jujuy. He made an urgent call for constructive and intercultural dialogue, which guarantees the effective participation of indigenous peoples and all interested parties, to overcome the crisis through democratic and institutional means.

We demand that the government cease institutional violence and repression towards the population, and convene spaces for dialogue and consultation in accordance with international human rights standards.

Furthermore, in a context in which misinformation circulates, and resources are used that relativize institutional violence and stigmatize indigenous peoples, workers and their organizations, we call for the media to carry out responsible dissemination of the facts, incorporating the voice of the people whose rights are being violated.

 

*Photo: @susi.maresca

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The 5th National Open Government Plan was presented

On May 23, we were at the presentation of the 5th National Open Government Plan, a public policy instrument co-created with civil society and citizens that contains 7 open government commitments to be implemented by different agencies of the national state. We shared the panel with Delfina Pérez from the National Directorate of Open Government, Andrés Bertona from the Anti-Corruption Office and Florencia Caffarone from Democracia en Red.

“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 current Plan was co-created in 2022, from the National Open Government Table, in dialogue with the Network of Civil Society Organizations for the Open State and the rest of the citizens who participated in this process. From Fundeps we are part of the National Open Government Board (2020 – 2022) and from that space we contributed to the co-creation of the 5th Plan, articulating between the National Open Government Directorate and different organizations that were involved in it.

This Action Plan is part of the obligations assumed by Argentina before the Alliance for Open Government, which it joined in 2012. Since then, and every two years, the country co-creates and implements different policies and concrete commitments in this scope.

How was the process of co-creation of the 5th Open Government Plan?

For the first time, and in order to guarantee equal participation among all people located in different parts of the country, this Plan was co-created in its entirety virtually, through meeting platforms, the website argentina.gob.ar and its Public Consultation portal. In turn, within the National Open Government Roundtable, and following the recommendations of the Participation and Co-Creation Standards (2022) of the Open Government Alliance, it was agreed to design a Plan with a maximum of 10 commitments.

For this, a prioritization of topics was carried out in consultation with the Network of CSOs for the Open State. The selected topics were: Environment and implementation of the Escazú Agreement; Public work; Gender and Care Policies; Mental health; Open State and Federalization; Water and Sanitation in the AMBA; Information about health providers; Food and implementation of the Law for the Promotion of Healthy Eating (known as the Frontal Labeling Law). Not all, however, concluded in commitments of the Plan, for various reasons. Especially, and in terms of the implementation of the Law for the Promotion of Healthy Eating, from Fundeps we will continue contributing to the construction of proposals that contribute to the application of said law.

After this, the public instances for the design of the 5th Plan began in August 2022, with a series of Challenge Identification Workshops, for each of the pre-selected topics. Their objective was to jointly identify the challenges that the 5th Plan could respond to. Then, in October, the public instance for the reception of proposals was opened, with the slogan that open government policy solutions be suggested, which can respond to those challenges posed. With these inputs, each government area involved drew up its preliminary commitment drafting, which was submitted to public consultation for comments. At the same time, a dialogue instance was developed for each topic – commitment and finally the final writing was carried out.

What does the 5th Open Government Plan consist of?

The current Plan consists of 7 commitments assumed by different departments of the national government.

Compromiso Dependencia a cargo
1. Participación pública en la toma de decisiones ambientales en el marco de la implementación del Acuerdo de Escazú en Argentina Secretaría de Cambio Climático, Desarrollo Sostenible e Innovación – Ministerio de Ambiente y Desarrollo Sostenible de la Nación
2. Participación y control ciudadano en la obra pública Dirección Nacional de Transparencia – Ministerio de Obras Públicas de la Nación
3. Mujeres en el sistema productivo federal: más evidencia, menos brecha Dirección Nacional de Seguimiento y Evaluación de la Gestión, Secretaría de Industria y Desarrollo Productivo – Ministerio de Economía
4. Salud Mental: desinstitucionalización e inclusión social de personas con padecimiento mental Dirección Nacional de Abordaje Integral de la Salud Mental y los Consumos Problemáticos –

Ministerio de Salud de la Nación
5. Acceso a la información y políticas de cuidados Dirección de Mapeo Federal de Cuidado – Ministerio de las Mujeres, Géneros y Diversidad de la Nación
6. El acceso a la información y los prestadores de servicios de salud Dirección Nacional de Calidad en Servicios de Salud y Regulación Sanitaria – Ministerio de Salud de la Nación
7. Programa Federal de Estado Abierto  Dirección Nacional de Gobierno Abierto – Jefatura de Gabinete de Ministros

Dirección de Asuntos Municipales – Ministerio del Interior

Here you can access the details of each of them, from page 37 onwards.

What can citizens and civil society organizations do with the 5th Plan?

Once the Open Government Plan has been designed, the objective is to implement it, in this case, during 2023 and 2024. To this end, any interested person or civil society organization can get involved, either by following up on each stage of its implementation or by participating more actively, when the commitments allow it, in some phases of its fulfillment. In this sense, at least one instance of open dialogue with civil society and citizens interested in the issues addressed was foreseen for each commitment, and the platform Metas de seguimiento del Plan was developed. This seeks to facilitate and energize this implementation instance, which, according to previous experience, is always the most difficult when it comes to articulating and sustaining incentives.

As an organization committed to open government policies and several of the issues addressed in this Plan, we will closely follow and accompany each instance of progress and will be alert to signs of stagnation or setbacks.

It seems to us a great shared achievement, among different organizations that were part of the National Open Government Roundtable, such as the Network of Civil Society Organizations for the Open State, activists and open government policy reformers, that Argentina continues to challenge itself with each new Open Government National Action Plan.

 

More information

Read about the 5th National Open Government Plan of Action here

Watch the presentation of the 5th Open Government National Plan of Action here

 

Contact

María Victoria Sibilla, ninasibilla@fundeps.org