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Open Government: Argentina seeking to advance firmly

During the month of April, the Minister of Modernization, Andrés Ibarra, spoke at the Palacio San Martín on open government, ratifying the commitment of the Argentine State to policies that promote easy access to public management information for citizens. He did so to present the launch of the “OECD Study on Open Government in Argentina”, accompanied by the Deputy Secretary General of the Organization for Economic Cooperation and Development (OECD), the Finnish Meri Kiviniemi, and the chief of advisers of the Ministry of Treasury, Guido Sandleris.

“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 OECD study will be carried out throughout this year 2018 and is expected to be presented to the OECD Public Governance Committee in April 2019. This report will present two main objectives: first, to support the implementation of open government strategies and initiatives through an in-depth analysis of the current state of the national government’s reforms focused on promoting the application of these principles, both in the national and provincial public administration. As a second objective, it will try to accompany the Argentine provinces in the process of improving their open government strategies and initiatives, through a data-based approach and peer review. This review process will include visits to three provinces of the country, selected jointly by the OECD and the Argentine government.

The Open Government is a way to develop public policies in an open manner, with the objective of facilitating access to information, encouraging citizen participation and intensifying the system of accountability. It implies a modality of public management that is more transparent, participatory and that improves collaboration between the State, the Government and Civil Society. This movement had its origins in the Great Britain of the ’70s, as a movement that sought to dismantle the secrecy and bureaucratic obscurity that governed British politics. It is currently promoted at the international level by the so-called Open Government Alliance, a multilateral initiative that seeks to ensure specific commitments of governments to advance in the promotion of Open Government.

Argentina has a long history of relations with the OECD, adhering to multiple declarations and conventions of the Organization, as well as participating in official bodies and the Development Center of the OECD. However, it is not yet a Member and it is well known that the national government would like to be able to obtain the formal invitation of the Organization to become one, or at least maintain the best possible relations with its members, since it deals with the countries where a large part of Foreign Direct Investment (FDI) comes from. Therefore, it is of great importance for the Government to undergo a study by the OECD and, above all, to produce good results that can improve its international image.

However, and beyond what the importance of this OECD study for the national government and the results it yields, it should be clarified that there is still much to be done in the path of open government in Argentina. Its effective application must be based on open and easy access to public information by civil society, but it must also contain adequate mechanisms to ensure that this civil society can participate and interact with decision-making based on this information. Last but not least, among the measures should be included those relevant to debureaucratization, which facilitate the exercise of the previous two.

Based on the provisions of the Third National Action Plan for the period 2017-2019 launched by the Ministry of Modernization and the commitments it proposes, it can be observed that from the Argentine State only progress has been made regarding the first characteristic of an open government, accessibility to information by the general public and not without problems, as detailed in the Open Government Partership portal in its section dedicated to Argentina.

It is also worth mentioning that the movements related to making effective and real the participation of civil society for the time being seem to have been limited to activities of the National Open Government Roundtable and other days and survey of demands: far from the effective establishment of institutional mechanisms that integrate to decision making. In terms of debureaucratization, progress has been made in the use of new technological tools and communication linked to the Internet to streamline procedures and consultations from society to the State, such as the implementation in 2016 of the Platform for Public Consultation. However, there are still several areas where the reduction of bureaucracy has not arrived, not to mention that it remains to be seen to what extent these tools are effective on the path to open government.

Clearly, considering all of the above, it can be affirmed that, in order to achieve transparent public policy decision-making, with citizen participation and accountability, many more advances must be made than before. Perhaps the announced OECD study opens a window for organizations, experts and society in general to make their voices heard and promote the necessary measures.

Author:

Agustín Fernandez Righi

Contact:

Agustina Palencia – agustinapalencia@fundeps.org

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We participate in Argentina Abierta

On May 31, the Open Argentina Forum took place in the City of Mendoza. It is a space for debate that takes place annually since 2016 and proposes the exchange of ideas and experiences around the theme of open government. In the 2018 edition, FUNDEPS participated in a panel on sustainable development, open government and natural resources.

“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”.

Argentina Abierta was conceived as a space that brings together students, journalists, public officials, entrepreneurs, civil society organizations and anyone willing to participate. It was designed to exchange initiatives that promote the creation of modern, inclusive and sustainable public policies.

The goal is for government teams and citizens to share experiences, develop their ideas and knowledge, listen to opinions and discuss transparency, accountability, new technologies, public innovation and open data.

It is a national forum to discuss open government policies that encourage issues of transparency in the public sector, citizen participation and collaboration in modernization policies. On May 31, the third edition was held. Last year was made in Córdoba and this year was held in Mendoza. This last province, together with Córdoba and Buenos Aires, has been at the forefront of the implementation of policies with these characteristics.

Going around the event a bit …

In the 2018 edition, Argentina Abierta lasted only one day, unlike previous years when the event was longer. However, that time was enough to include panels of the most diverse and comprehensive in terms of the thematic axes of open government: transparency, participation and collaboration.

There was discussion about access to public information and publication of data, open academy and opening in the legislative and judicial powers. Likewise, the event counted with the presence of conversations regarding the application of open government policies at the subnational level and for this were present representatives of the governments of the City of Mendoza, City of Godoy Cruz, City of Córdoba, City of Buenos Aires , Province of Mendoza, Province of Córdoba, Province of Buenos Aires, Province of Santa Fe; among other relevant actors.
Likewise, it is necessary to highlight the presence of civil society organizations, who not only supported the concretion and realization of the event (Nuestra Mendoza and CLADH), but also actively participated in the panels and discussions with public officials. This was the case of FUNDEPS, who was participating in a panel specifically related to issues of open government, sustainable development and natural resources. Said panel was also composed of representatives of the Ministry of Energy and Mining of the Nation.

Part of the innovation proposed by this forum is given by the incorporation of new dynamics for the debate. Particularly, and as regards the issues of open government, innovation and e-government, the LABS are positioned as an alternative that allows to discuss and reach solutions at the moment. During this edition of Argentina Abierta, labs were held to discuss budget issues, citizen participation, security and data.

What the Forum left us …

In this event 9 provinces, 6 countries and more than 50 organizations and institutions participated. 12 panels were carried out, 24 hall talks and more than 900 people were present. During that day, the community of people dedicated to open government debated and shared experiences to improve public management, make it more transparent and close to citizens. From FUNDEPS we appreciate the fact that we have been able to take part and consider the discussions on these issues to be substantial.

Author / contact

Agustina Palencia – agustinapalencia@fundeps.org

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#WeWantToBreathe: A campaign against pollution in the Suquía River

Neighbors and neighbors of Capilla de los Remedios join the claims for contamination of the Suquía River due to the poor functioning of the Sewage Treatment Plant (WWTP). The campaign #QueremosRespirar reflects the desperate request of the inhabitants who seek that this situation be reversed immediately.

The reclamation of the neighborhood grouping, adds to the historical protest that the families of the district Chacras de la Merced have taken ahead to stop the indiscriminate contamination of the river.

On Monday, April 9, the inhabitants of Capilla de los Remedios will demonstrate in front of the Municipality of the City of Córdoba, to demand from the mayor the urgent taking of measures. Pedro Frank, a neighbor and one of the leaders of the campaign, spoke about the unsustainable nature of living around the river. Sickening odors, gastrointestinal and respiratory problems; are some of the consequences that could be attributed to pollution (an image very similar to what the neighbors describe in the Chacras de la Merced neighborhood). Pedro, said that they have been receptive to meet both the Municipal Government and the Provincial. From both sides have responded that contamination is impossible to relate directly to the plant, since it works in perfect conditions. However, during 2017, employees of EDAR were blunt when they said that the plant is under-supplied, defective and that it works less than 20%. They also mentioned that the liquid is not treated and that during the 24 hours a day it is dumped in the river.
As a result of this, the position of the government authorities, who seem not to want to see what is in front of their eyes and the eyes of all citizens, becomes incomprehensible.

This situation, which dates back to the late 1980s and to which FUNDEPS has referred on numerous occasions, seems to have no end. The escalation of pollution caused by a plant in defective conditions, has had a direct impact on the main river of the Province and has its outlet in the Laguna de Mar Chiquita. On the banks of this river settle numerous localities that today begin to see the effects of years and years of state negligence. Also, it is of special relevance to highlight the main role and responsibility of the Provincial and Municipal governments to mitigate and / or definitively remedy this situation.

What happens is public knowledge, and government authorities have not reacted in a timely manner to avoid what is happening now. At the legal level, numerous cases have been initiated and have sentences in favor of the residents of Chacras de la Merced, forcing the State to reverse the damage. After numerous requests for execution of sentence, the inaction of the Municipality is evident in the environmental risk of these days. Similarly, since 2014 the environmental and sanitary emergency has been consistently declared in the Bajo Grande WWTP and in the area located downstream, including the Chacras neighborhood, and there have been no concrete measures demonstrating the government’s willingness to assist those they are affected From FUNDEPS, we recently requested information to know the status of the latest decree declaring the health emergency. According to the testimonies of the neighbors of Chacras de la Merced, little and nothing has been done to address the situation.

Both the neighbors of Chacras de la Merced and of Capilla de los Remedios are in a situation of complete violation of their rights. We renew again the claim for a definitive solution to the pollution of the Suquía River and especially for the guarantee of the rights of those who have been affected. #We want to Breathe.

 

More information:

They will protest in front of the Municipality of Córdoba for the contamination of the Suquía
Chapel of the Remedies: neighbors denounce pollution
In Capilla de los Remedios, the river is as polluted as a sewer

Information requests for the Mitigation Plan of the Bajo Grande plant

Author:
Agustina Palencia
Contact:
María Pérez Alsina – mariaperezalsina@fundeps.org
Agustina Palencia – agustinapalencia@fundeps.org

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We demand transparency to designate who supervises the public management in Mendoza

NGOs demand transparency and participation in the appointment process of the Auditor General of the Office of Administrative Investigations and Public Ethics.

“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”.

Press release

The undersigned request an open and participatory process that guarantees the appointment of a candidate with accredited background, suitability and independence to occupy the position of head auditor of the Office of Administrative Investigations and Public Ethics of the Province of Mendoza, created by Law No. 8993 .

The office is a fundamental organ for the supervision of the correct acting in the public function, for the control of the presentation of sworn statements, as well as an indispensable institution to guarantee transparency in all areas of the State. Moreover, this office will ensure transparency in the actions of politicians, trade unionists and State contractors. To this, it must be added that if the Chamber of Deputies approves the Bill on Access to Public Information, which already has a half sanction, this office will also be responsible for its implementation and compliance.

Therefore, we consider that the appointment should be made on the basis of the characteristics required by the function of own control of the position: independence of those to whom it must control and technical suitability.

Although the law does not foresee this, this would be facilitated if a participatory, open and transparent procedure was established so that whoever is selected is the best possible candidate.

In order to guarantee the performance of a procedure of these characteristics, a series of actions are proposed that are detailed below.

  • Instance of citizen participation to present proposals for candidates to occupy the position. Enable an instance of participation in which citizens can submit candidates not considered by the Executive Power, which are part of the selection process. This will allow to discuss and analyze the applications in a reasoned manner, ensuring that the designated person is the most suitable to occupy the position.
  • Transparency of candidacies. Make public the candidacies, making information available to citizens about the profiles and background of each of the candidates.
  • Instance prior to the public hearing to present observations and challenges to the candidacies. Instance that allows the formulation of questions to the candidates, as well as observations and challenges to their application.
  • Response by the candidates to the observations, challenges and questions asked in the previous stage, being able to attach evidence or additional information.
  • Selection of the candidate to be proposed by the Executive, based on the election of the candidate over the rest of the candidates.
  • Public Hearing: Conducting a Public Hearing in compliance with the provisions of the Regulation of the Chamber of Senators for public hearings, making available to civil society the information provided in article 33 and other relevant provisions.
  • Treatment in the Senate to approve or not the candidate.

The success of the institutionalization of an organ such as that created by the law depends to a large extent on its first occupant. Only with independence and suitability, can guarantee the main objective provided by the law “to regulate the rules of conduct that should govern in the exercise of public function for its responsible, honest, fair, dignified and transparent performance by those who hold the obligation to develop it, in any of the hierarchies, forms or places where they exercise it “(Article 1, Provincial Law No. 8993).

Adhere to the note

  • Fundación NUESTRA MENDOZA
    Centro Latinoamericano de Derechos Humanos (CLADH)
    EL ARCA
    Federación de Entidades no Gubernamentales de Niñez y Adolescencia de Mendoza (FEDEM)
    Asociación de Cooperativas Vitivinícolas Argentinas (ACOVI)
    Asociación Mendocina de Expendedores de Naftas y Afines (AMENA)
    XUMEK
    INTEGRAR Centro de Estudios y Desarrollo de Políticas Públicas
    Asociación Civil VALOS
    Fundación AVINA
    DIRECTORIO LEGISLATIVO
    Fundación PODER CIUDADANO
    SALTA TRANSPARENTE
    Fundación para el Desarrollo de Políticas Sustentables (FUNDEPS)
    Asociación Civil por la Igualdad y la Justicia (ACIJ)
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Information requests for the Mitigation Plan of the Bajo Grande plant

Last Friday, FUNDEPS together with Alida Weht, neighbor of the Chacras de la Merced district, presented information requests in the Municipality of Córdoba, in relation to the fulfillment of the Mitigation Plan implemented in the E.D.A.R. of Bajo Grande and in the area located downstream.

On April 24, 2017, the Municipality of Córdoba declared an environmental and sanitary emergency in the Wastewater Treatment Plant (E.D.A.R.) of Bajo Grande and in the area located downstream. He did it through Decree No. 1292 and it was for 180 days.

This is not the first time that the environmental and health emergency has been declared due to the plant’s malfunctioning and the existing contamination in the area of ​​Chacras de la Merced and downstream, which has been happening since 2014.

In fact, Mayor Ramón Javier Mestre, through Decree No. 2447, entrusted the different municipal departments with the necessary actions to implement the Mitigation Plan in the context of the environmental and health emergency, declared on August 5, 2014 and 180 days.

In June 2015, Decree No. 1220 once again declares the environmental and sanitary emergency of the plant for a period of 120 days, which is extended for an additional 120 days by Decree No. 3745 of December 2, 2015, to the aims of mitigating the environmental and sanitary effects until the optimization of the functioning of the plant.

Last year, due to new complaints from the employees of the Bajo Grande plant, which warn not only that the plant does not work at 100% capacity -requires improvements and essential repairs-, but that the sewage liquids are overturned without previous treatment to Rio Suquía -, added to the concern generated by the results of the samples taken by the Environmental Police and the laboratories of the plant itself, led to a new declaration of emergency by the Municipal Executive.

Likewise, Decree No. 1292 contemplates the fulfillment of a Mitigation Plan – continuation of the one prepared in 2014 – by virtue of which a number of measures and actions were entrusted to different areas of the Municipality of Córdoba, which were to be executed in complete by the end of October 2017.

For this reason, last Friday, FUNDEPS together with Alida Weht, neighbor of the Chacras de las Merced district and member of the Las Omas Civil Association, presented requests for information addressed to the Secretary of Government, Citizen Participation and Social Development; to the General Secretariat, the Public Services Secretariat, the Ministry of Health and the Secretariat of Planning and Infrastructure of the Municipality of Córdoba.

As for the mitigation measures contemplated in the plan, these are: a) Update of the socioeconomic survey of the affected population downstream of the plant; b) Update of the survey of the health status of the population; c) Distribution of safe drinking water for different uses in areas where provision by network is not possible; d) Preventive sanitary cord; e) Management of the effluents of the E.D.A.R. Under Large; e) Resource monitoring plan and f) Awareness campaign.

Also, this Tuesday we presented a request for information to the Secretary of Environment and Climate Change of the province, requesting updated information about the operation of the plant, the amount and condition of the sewage liquids upon entry and exit, as well as the treatment that they are made. At the same time, a report was required on the status and progress of the plant expansion works begun in 2017.

The contamination problem of the Bajo Grande plant is long-standing. Despite the complaints, complaints from NGOs and affected communities, technical reports and analyzes that account for the progressive deterioration of the Suquía River, and even a sentence of 2004 – with repeated requests for execution – which obliges the Municipality of Córdoba to minimize and mitigate environmental impacts in the area, the situation is only getting worse for the Suquía River and the populated areas that live downstream of the plant.

We hope that both the municipal and provincial authorities fulfill their duty to provide the required information in a timely manner, in order to ensure true access to public environmental information of citizens, as well as transparency and publicity of government actions.

More information

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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The Regional Agreement on Principle 10 is binding

On March 4, representatives of 24 countries of Latin America and the Caribbean meeting in San Jose, Costa Rica, adopted the first binding regional agreement to protect the rights of access to information, public participation and access to justice in environmental issues The agreement adopted the character of binding, becoming an unprecedented legal instrument for the region. It was approved without reservation of the States and will require 11 ratifications for its entry into force.

“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 end of the Ninth Meeting of the Negotiating Committee of the Regional Agreement on Principle 10, government delegates, together with representatives of the public and experts from international organizations, agreed on the final text of the agreement. This text was negotiated since 2014, and it also enshrined the protection of human rights defenders in environmental matters.

A little history…

In June 2012, in the framework of the United Nations Conference on Sustainable Development, Rio + 20, ten countries signed the Declaration on the application of Principle 10 of the Rio Declaration on Environment and Development in Latin America and the Caribbean (the Declaration). This, recognized that the rights of access to information, participation and justice in environmental matters are essential for the promotion of sustainable development, democracy and a healthy environment. In addition, the Declaration committed signatories to explore the viability of a regional instrument to ensure the full implementation of access rights.

After two years of work, in November 2014 the signatory countries decided to start negotiating a Regional Agreement. A Negotiation Committee was created, which was formed by the signatory countries.

What is principle 10?

Principle 10 of the Rio Declaration seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters. This, in order to guarantee the right to a healthy and sustainable environment for present and future generations. The Declaration of Principle 10 is a major step forward in the region for stronger environmental governance.

Negotiations for the Agreement

The purpose of the negotiations for the Agreement was to deepen Latin American democracies, social cohesion, generate confidence in the decisions adopted, eliminate asymmetries and prevent socio-environmental conflicts. The aspiration of this treaty was to achieve a redefinition in the traditional relations of the State, the market and societies. It also sought to contribute to the implementation of the 2030 Agenda for Sustainable Development.

In 2015, with the first meeting of the Negotiating Committee for the Agreement, and after eight subsequent meetings; the representatives of the nations of Latin America managed to conclude the definitive text of the treaty that will adopt a binding character. The process of hard government work and civil society organizations, resulted in an instrument that improves the standards of access to information, participation and access to justice in environmental matters. The fact that it is binding speaks of a new level of commitment assumed by the governments of the region and guarantees the protection of environmental defenders.

Along the way to reach the Regional Agreement, civil society played a very important role in terms of recommendations for the final text. It was before the eighth meeting (held at the end of 2017), when the civil society organizations expressed their concern about the progress of the negotiations and demanded from the governments a greater commitment to effectively guarantee the rights under discussion. The security situation for environmental defenders became a turning point to demand that the agreement be transformed into a legally binding instrument capable of reversing this situation.

The ninth and last meeting…

As mentioned, the Ninth Meeting for the Negotiation of the Regional Agreement was the last and resulted in the adoption of a final text and in the realization of a binding instrument. In that sense, it became a tool at the regional level that will serve for the protection of environmental defenders and their rights. This is extremely important since one of the main causes of socio-environmental conflicts in Latin America and the Caribbean is the lack of environmental information. Likewise, one of the main consequences of these conflicts is violence, persecution and assassination of environmental defenders. This Agreement then comes to fulfill the first mandate of the negotiations: “Prevent socio-environmental conflicts”.

Other important elements to be included in the Agreement were highlighted before this meeting. One of them was to strengthen the definitions that were still pending such as rights of access, authority and fundamentally that of environmental defenders. Another necessary issue was to define what includes access to environmental information (included in article 2, Inc. c). It is important that the instrument include a broad definition with a list of elements that constitute this type of information (enshrined in Article 6 of the final text). Similarly, with the definition of people and / or groups in vulnerable situations (enshrined in Article 2, Inc. e of the final text). Finally, another relevant point was to include the participation of the public in the structure of what the implementation of the Agreement will be like the Conference of the Parties and the Facilitation and Follow-up Committee. This last element was reflected in article 15, urging the Conference of Parties to define the modalities of public participation (however, public participation is not included as the structure of the Conference). The text of the treaty states that the Agreement will be open for signature by all the countries of Latin America and the Caribbean at the United Nations Headquarters in New York from September 27, 2018 to September 26, 2020. Likewise, It will be subject to ratification, acceptance or approval by the States that have signed it. The ratification of 11 nations will be needed for its entry into force.

The result of the negotiations will allow countries to commit themselves to implement this agreement in their respective territories in a concrete manner. With an agreement without the binding nature that obliges States to implement this Agreement, the rights of access to information, participation and justice would not be assured with certainty.

We celebrate the evolution of this process, highlighting the importance of this agreement to achieve better and more solid democracies. Likewise, we consider that a large part of the environmental problems of the region (related to extractive industries and large infrastructure projects) may find a solution after the implementation of this Regional Agreement.

Más información

Authors

Agustina Palencia

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

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Regional meeting of OGP Americas: the open government honeymoon has ended

“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 open government honeymoon is over’. With that phrase, Nathaniel Heller, executive vice president of the OGP; He opened the days that took place at the Kirchner Cultural Center and sought to call for reflection on the effective application of the principles of the alliance.

Founded in 2011 from the initiative of the United States and Brazil in the General Assembly of the United Nations, the OGP has managed to nuclear to more than 70 nations. Until now, the alliance has become a repository of action plans and commitments of the various countries that make it up. The goals proposed by the States parties to this initiative have been aimed at improving standards of transparency, accountability and collaboration.

These principles proposed by the OGP, are no more than the original pillars of democracy. Open government is the ‘new’ paradigm that seeks to reformulate the role of the State with respect to citizenship. It seeks that institutions establish a ‘conversation’ with the populations, to make them participants in the processes of creation, execution and control of public policies.

Until 2017, most of the commitments in the action plans corresponded to actions to release data and access public information without the need to emphasize many issues that could be considered controversial (environment, health, gender, extractive industries, natural resources, financing of political parties, among others). However, this Regional Meeting aimed to highlight good practices regarding citizen participation, accountability and transparency applied precisely to these areas that have lately been in the eye of the storm of international politics. The inaugural phrase of this event (cited above) aimed to highlight the need for the OGP to go one step further and be able to tangibly demonstrate how its principles can effectively improve people’s lives.

So far, the efforts of the OGP States have sweetened the ears of those of us who share their principles. But it is necessary that there are specific actions aimed at shaping a new type of State. The problem with the AGA has been that so far it has placed too much emphasis on the National Executive Powers (PEN) and little on the other powers and even on the subnational governments. The structure of OGP until 2016 only managed to support PEN initiatives.

After the launch of the pilot program for subnational governments in 2016 and the incorporation of a greater number of commitments by the legislative and judicial branches in several countries; it can be said that OGP is expanding its spectrum. However, there is still much to be done to achieve a true institutionalization of this new culture of openness. The second problem with the alliance is that in most of the member countries, the entity at the institutional level responsible for carrying out the relationship with OGP, is not part of the national organizational structure and lacks its own budget. This situation leads us to think that OGP is an initiative that today is subject to political fluctuations and management priorities. It is not a culture that translates into the planning of all public policies of the States.

Throughout the event, the urgency of moving from a paradigm of ‘open government’ to that of an ‘open state’ that expands the policies of transparency and accountability was stressed. This, in a vertical way towards subnational and local governments; and horizontally towards the legislative and judicial powers. Likewise, the need to efficiently and effectively involve the involvement of civil society in the processes of co-creation and co-implementation was highlighted. Both in the national action plans, and in public policies in general.

The paradigm of open government seems to be implemented at different speeds throughout the world, and within each State as well. Argentina, is a case witness of this situation. Many open government initiatives can be collected throughout the country; However, this develops in a very dissimilar way. While provinces such as Córdoba, Buenos Aires and Santa Fe have set up specific government agencies to advance open government policies; Provinces such as Santa Cruz and Río Negro do not have this type of institutionalization of the paradigm. The same happens at the municipal level.

This situation hinders the articulation between the different governmental levels, and therefore the application of the principles of open government is deficient. Local governments have become a fundamental piece for the effective concretion of transparency, accountability and participation. The proximity of local administrations with citizens is the key that gives these governments this importance for the implementation of this culture of openness. The Regional Meeting highlighted this important role and provided the space for the knowledge of good practices already implemented at the local level.

On the other hand, the participation of FUNDEPS was signated to the presentation in a panel about infrastructure projects and public works. The objective was to highlight some cases of large infrastructure projects in the Province of Córdoba, in which standards of transparency, accountability and participation were not applied. During the exhibition, we brought up the cases of the expansion of the sewage treatment plant (WWTP), the construction of the trunk gas pipelines and the development of the Carlos Paz Environmental Center. The panel also had the presence of the Environment and Natural Resources Foundation (FARN), a representative of the public procurement sector of Chile and a representative of the Initiative for Transparency in Construction (CoST). The purpose of the session was to reflect on the importance of defining better standards of transparency and citizen participation in this type of project.

This panel, in particular, was one of many that sought to demonstrate the need to apply open government standards on specific issues. Specifically, in those issues that today are particularly sensitive for some States (climate change, natural resources, budget, extractive industries, among others). The OGP is born to achieve a modification in the institutions, in such a way that the confidence of the citizens can be recovered. For this, it is essential that citizens can see that their lives are modified in a positive way based on the application of these principles. In this regard, it becomes more than necessary that the open government paradigm can be expanded to all branches and levels of government. It is about moving from an open government to an open state.

Contact

agustinapalencia@fundeps.org

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The province of Córdoba has a new portal of statistics and censuses

“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”

 

During the month of November, from the Directorate of Open Government of the province of Córdoba invited to test the statistical portal, civil society organizations that are part of the provincial table to follow the goal of OGP. Subsequently, the official launch of the new platform was made. This effectively evidences the new imprint that is being adopted by the General Secretariat of the Interior. The participation of civil society organizations demonstrates that the provincial government has begun to build an active data community.

The portal now available has information from the old page of the Statistics and Census Bureau. The new interface, however, is much friendlier for the user and has new sections. It is an advance in terms of open government on the part of the Province. The new portal has a section of ‘Open Data’, one of ‘Visualizations’ and one of ‘Publications’.

By browsing the page you will find detailed socio-economic information about the Province and each department and municipality. In the section ‘Conocé Córdoba’ you can access the largest amount of social statistical information. In the ‘Open Data’ section there are more than 600 datasets and several of them are in open and reusable formats.

The innovation can be found in the ‘Visualizations’ and ‘Publications’ sections. While most data portals do not include these types of sections, these are fundamental when it comes to bringing data to the public. Usually, data in open formats is difficult to read and understand. For this, the visualizations organize the information and present it in a dynamic and fluid way. In particular, these visualizations contained in the new portal are interactive and the user can modify and filter the information in such a way that customized visualizations can be created.

A step further is the ‘Publications’ section. It is a space in which some datasets are explained. This type of resource brings the information closer to the citizen and allows a full understanding of the data.

We consider positive the initiative to modernize the platform and recognize as fundamental resources that were incorporated and that ultimately allow better access to public information on the part of citizens. Likewise, we celebrate that it was an inclusive process in which civil society organizations were involved.

Contact

agustinapalencia@fundeps.org

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Release of the NGO the selection of the person responsible for the Ombudsman’s Office

“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 undersigned organizations in the framework of the questioned process of designation of the Ombudsman of the Nation, and taking into account the following points:

– That citizen participation is a human right, and an instrument for the adoption of better public policies.

– That it is not a matter of electing a People’s Defender, but rather of appointing the best possible Ombudsman.

– That eight (8) years ago civil society organizations have been demanding not only the selection of an Ombudsman, but the adoption of a participatory and transparent process for that purpose.

– That citizen participation can not be the victim of a hurried selection process.

– That the absence of an explicit mechanism by which a process of citizen participation is established does not mean that the bicameral commission can not adopt a procedure for that purpose.

– That the express acceptance of candidates for the postulation, made by the Bicameral Committee of the Ombudsman without any citizen participation or any argument – more than political consensus – is an insurmountable antecedent of lack of suitability.

– That the procedure adopted for the selection of the Ombudsman ignores the “Principles relating to the status of national institutions” (Paris Principles), which represent the minimum international standards for the establishment of National Human Rights Institutions (INDH), as well as the General Comments of the Accreditation Sub-Committee.

– And finally, regarding the procedure for appointing the Ombudsman, the Global Alliance of National Human Rights Institutions (GANHRI) recommended -on several occasions- “to ensure the formalization of a clear and transparent selection and appointment process, and participatory (…) that includes wide dissemination of vacancies; maximize the number of potential candidates from a wide range of social groups; promote broad consultation and participation in the application, selection and designation process; evaluate candidates based on predetermined, objective and public domain criteria; select members to serve with their own individual capacity and not on behalf of the organization they represent.”

 

Asociación Civil por la Igualdad y la Justicia (ACIJ)

Centro de Estudios Legales y Sociales

Fundación Directorio Legislativo

Fundación Poder Ciudadano

Aldeas Infantiles SOS

Asociación Civil Capibara. Naturaleza, Derecho y Sociedad

Banco de Bosques

Centro Latinoamericano de Derechos Humanos (CLADH)

Comisión Argentina para Refugiados y Migrantes (CAREF)

Democracia en Red

Equipo Latinoamericano de Justicia y Género (ELA)

Foro de Periodismo Argentino (FOPEA)

Fundación Conocimiento Abierto

Fundación Ciudad

Fundación Huésped

Fundación para el Desarrollo de Políticas Sustentables (FUNDEPS)

Fundación para el Estudio e Investigación de la Mujer (FEIM)

Fundación Sur

Fundación Vía Libre

Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)

Laboratorio de Políticas Públicas

Salta Transparente

TECHO

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Claim for the designation of the Ombudsman: citizen participation is very important

“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 absence of answers, the claim was brought to the Inter-American Commission on Human Rights and to the Human Rights Committee of the United Nations, and both agencies urged the Argentine State to appoint the Ombudsman promptly. It should be noted that it is a key institution for the defense of human rights.

In accordance with the principles of the inter-American human rights system, States undertake to adopt legislative or other measures that are necessary to give effect to the rights and freedoms recognized in the American Convention on Human Rights. Among the measures mentioned, there are those tending to effect the establishment and regular operation of the Ombudsman’s Office.

The Ombudsman has basically two functions: 1) Defense and protection of the rights of the people before acts or omissions of the public administration; and 2) Control of the exercise of public administrative functions. However, this definition of the Defender may become limited since it does not contemplate its more procedural and human dimension: the idea and aspiration to create an entity capable of being receptive to the needs of the population. The Ombudsman’s Office plays a fundamental role not only in the protection of human rights and control of the exercise of public functions, but also as a key institution in direct communication between the State and individuals.

During the month of August 2017, 55 civil society organizations again called for the end of this situation and the designation of the Ombudsman. The complaint also included a proposal for the appointment that included both legal and constitutional requirements, as well as suggestions for the selection process. It was requested that the necessary measures be adopted so that the Bicameral Ombudsman’s Commission immediately begins the appointment procedure, which ensures 1) transparency and citizen participation in the process and 2) the suitability of the candidates.

The selection process of the Defender must follow rigorous criteria that guarantee the moral suitability and technical suitability. The moral suitability in this case not only refers to the absence of disciplinary offenses or conduct contrary to public ethics; but it refers to the need to prove a true commitment to human rights. The technical suitability, on the other hand, has to do essentially with the knowledge about the problems of Human Rights and the means to remedy them.

Another point to highlight in how the designation of the Ombudsman should be carried out, has to do with the independence of criteria. The CN in its article 86 emphasizes the autonomous character of the figure of the Defender and the independence of criteria. This refers to the non-partisanship of the figure and the absence of economic ties or interest that may interfere with the activities of the Ombudsman.

These selection criteria must be accompanied by a transparent and participatory procedure governed by publicity and openness in all stages of the process. The presentation made by the civil society detailed the proposal for the implementation of a selection process that should include: 1) Proposal of the candidates, 2) Publication of background, 3) Observations, challenges and questions, 4) Written responses from the candidates , 5) Public hearing before the bicameral commission, 6) Observations, 7) Decision of the bicameral commission.

This organ since 2009 lacks real leadership and since then it is operating under interim mandates because Congress has not yet agreed on the appointment of a director. Since 2015, undersecretary-general Juan José Böckel has been in charge of this unit, a man who answers the former intervener of that entity, the deputy governor of Jujuy, Carlos Haquim. Currently, the Ombudsman’s Office has been immersed in corruption cases after anonymous reports of irregularities in the organization.

According to reports, on Wednesday, November 8, the Bicameral Commission of the Ombudsman would sign the proposal of three candidates to the Ombudsman, with a view to having the Chambers designate it before the end of the year. This has been done without convoking the civil society and if this agreement were reached without the participation of the citizens in the formation of the shortlist, it will affect the proper institutional functioning of the Ombudsman, once their new holder is designated. .

The importance of the prompt designation of the Ombudsman is that it is one of the agencies in charge of the horizontal control of the State (called Horizontal Accountability). It is about the control exercised by the same institutions over the acts and / or omissions emanating from the State. In this sense, it is essential that the mechanisms that guarantee horizontal accountability work correctly. We join the claim of civil society for the prompt appointment of the Ombudsman.

More information

– Without citizen participation, the Ombudsman will not be for the People

– 55 organizations ask Congress for the designation of the Ombudsman

– Contributions for the regulation of the nomination process of the nation’s Ombudsman

Contact

agustinapalencia@fundeps.org

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#DemocraciaVIVA: 2nd edition of Democracy Day

“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 September 15 we celebrate the International Day of Democracy. Democracy is both a process and a goal, and only with the full participation and support of national governing bodies, civil society and individuals can the ideal of democracy become reality to be enjoyed by all, everywhere.

The celebration and commemoration of this day is presented as an opportunity to reflect on the state of democracies in the world. Precisely, international days seek to raise awareness, raise awareness, signal that there is an unresolved problem, an important and pending issue in societies. In this case, the day of democracy seeks to remember how relevant it is to ensure that states establish healthy regimes in which human rights find their place and are fully guaranteed and respected.

The celebration of this date was due to the fact that the General Assembly of the United Nations (UN) in its resolution A / 62/7 (2007) encouraged governments to strengthen national programs dedicated to promoting and consolidating democracy.

This date was first held in 2008. The date was chosen because it was precisely on 15 September 1997 that the world parliamentary organization “Inter-Parliamentary Union” adopted a Universal Declaration on Democracy which reaffirms its principles and the elements and practices necessary for a democratic government.

The world is currently attending a time when it is necessary to renew votes regarding democratic principles. Movements like the Alliance for Open Government specifically seek to aggiornar democratic principles, ensuring that they guarantee full citizen participation and respect for human rights.

  

  

Contact

Agustina Palencia, agustinapalencia@fundeps.org

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One of lime and one of sand in the case against Porta Hnos.

“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 Monday, August 7, we attended the public hearing convened by Federal Court No. 3 by Dr. Hugo Vaca Narvaja in the amparo promoted by neighbors Barrio Ne Antonio and Inaudi against the Ministry of Energy and Mining of the Nation And the company Porta Hnos. They had the opportunity to speak on behalf of the Public Prosecutor’s Office representing the interests of children and the State Attorney’s Office.

The amparo involving more than 25 neighbors and residents of San Antonio and other people of the Citizens’ Assembly “NEIGHBORHOODS IN DEFENSE OF A HEALTHY ENVIRONMENT – VUDAS” was filed against the Ministry of Energy and Mining of the Nation Of Hydrocarbon Resources) requesting the closure and final closure of the bioethanol plant of Porta Hnos SA They base their claim by stating that the company does not have the legal authorization to prepare biofuel (bioethanol) which should have been granted by the said secretariat and for not having concluded, prior to its entry into operation, the Environmental Impact Assessment process. Subsidiarily, amparists request the cessation of environmental pollution that the activity produces and irreparably affects the environment and the health of neighbors.

It is inexplicable the absence by the State in its different levels of government: national, provincial and municipal, both at the time of urban planning, to ensure compliance with current environmental standards and at the public hearing to listen to the parties and express Your position. But more inexplicable is that it was not the first time. At the end of April of 2015 the local group came to be chained in the headquarters of the Municipality of Cordova to obtain an audience with the intendant Ramón Mestre. They were forced to extreme acts to fulfill their right to be heard and to go to the authorities. Again an absent state.

But not everything has been unfortunate. We had the opportunity to accompany neighbors in this unprecedented audience for Cordoba. Initially, a conciliation hearing was scheduled under the federal law with the characteristic that it was going to be public. The judge then changed the character of the hearing to an information type imitating the proceedings of the Supreme Court of Justice of the Nation in the “Mendoza” case on environmental pollution of the Matanza – Riachuelo River. Having even arranged a mechanism for the participation of third persons, from FUNDEPS we register to take the floor. Finally, between roosters and midnight the judge again changed the character of the hearing to a conciliation so we could only participate as a public.

We emphasize the need to guarantee the right to information, participation and dialogue between the parties involved with the authorities with competence in urban planning, environmental territorial management, control of anthropic activities, setting and control of standards and norms. We also emphasize the importance of taking into account the hazards of this type of industry in light of the precautionary principle and prevention that governs environmental matters (article 4 LGA), because it is located in a residential neighborhood.

At the hearing, where the judge had broad powers to direct it, neighbors had the opportunity to tell the before and after that involved the installation and expansion of the company Porta Hnos and the consequences it brought in its health and quality of life. Then the lawyers, the Public Ministry of Defense and the Prosecutor’s Office were given the floor for fifteen minutes. We consider this instance to be very valuable as it strengthens transparency, citizen participation and public dissemination of this socio-environmental conflict antecedent to Cordoba as the possibility given by the Court to the neighbors.

We believe that it is important to emphasize in these cases the role of the judges in order to guarantee the fundamental rights of present generations and future generations. This is an ideal case to carry out a model of dialogic justice, to seek a structural solution to the conflict, through. The court has the opportunity to establish clear judicial guidelines that address the protection of fundamental rights, such as the human right to a healthy environment, to the health and life of the neighbors of Barrio San Antonio and Inaudi. We trust that this instance allows the claim of neighbors to be effectively heard and that the State, at its different levels, recognize, investigate and solve a complex socio-environmental situation.

Author
Victoria Gerbaldo, <victoriagerbaldo@fundeps.org>
Contact
Juan Carballo, <juanmcarballo@fundeps.org>