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Argentina advances towards a National Plan on Business and Human Rights

The Ministry of Foreign Affairs, International Trade and Worship is coordinating the process of preparing a National Action Plan on Business and Human Rights. What are the progress so far and the next steps?

“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”.

What are the National Action Plans on Business and Human Rights?

The National Action Plans on Business and Human Rights (PNAEDH) are transversal public policies whose objective is to address the obligation of the State to protect, respect and enforce human rights with respect to the negative consequences of business activities. Through these plans, governments seek to commit to the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGP), as well as other business and human rights and Responsible Business Conduct (CER) standards.

The PNAEDH contribute to achieving greater coherence and coordination between the different regulatory frameworks and public policies with an impact on the issue of business and human rights, and contribute to the detection of obstacles and gaps. This makes it possible to establish priorities and commitments for action. Given its transversal and collaborative nature, its preparation requires the representative, broad and plural participation of multiple actors: State agencies, civil society organizations, academia, companies, business and worker organizations, indigenous peoples and potentially affected communities. , among others.

First steps

Argentina, based on recommendations received in the framework of the Universal Periodic Review of the Human Rights Council, assumed the commitment to prepare an Action Plan on Business and Human Rights, a fact that took place in view of its re-election to the Human Rights Council Human Rights on October 14, 2021. For the coordination and leadership of the process of elaboration of the Plan, the Human Rights Directorate of the Ministry of Foreign Affairs, International Trade and Worship of the Nation (MRECIC) was appointed.

Regarding the actions carried out, one of the first steps consisted in the preparation of a Roadmap, which was validated internally by the MRECIC. Next, according to official sources, a mapping of interest groups and agencies with an impact on the matter was carried out and the initiatives and policies, in the process of execution in the country, with some proximity to the matter of companies and human rights and , Responsible Business Conduct to identify possible alliances within the Government.

Priority areas of the Action Plan and preparation of the National Baseline

The Human Rights Directorate commissioned the National Ombudsman’s Office to prepare the National Baseline (LNB) that will serve as a central input for the design of the First Action Plan on Businesses and Human Rights in Argentina. The LNB is a study that allows evaluating the level of implementation of the United Nations Guiding Principles on Business and Human Rights within a State. It is a preliminary diagnosis for the preparation of the Plan and generates the information required for subsequent planning by the person who formulates the public policy.

The National Action Plan on Business and Human Rights will include 11 thematic axes:

  1. Labor standards (child labor, forced labor, human trafficking, health and safety conditions, freedom of association);
  2. Gender equality (salary parity, access to hierarchical positions, harassment and violence in the world of work, care tasks, reconciliation of work and family life, etc.);
  3. Diversity and non-discrimination;
  4. Environment (environmental protection, participation and access to environmental public information, environmental impact assessment; climate change; energy transition);
  5. Companies and policies of Memory, Truth and Justice;
  6. Rights of consumers and users;
  7. Corporate governance (due diligence and remediation in companies – political commitments of companies on issues of human rights and good governance, business policies and international standards of business and human rights, sustainability reporting, risk management);
  8. Technology, personal data and privacy;
  9. Access to information and public participation in general;
  10. Promotion of the human rights of groups in situations of vulnerability and/or historically discriminated against (persons with disabilities, migrants, Afro-descendants, boys, girls and adolescents, LGBTIQ+ people, older people, people deprived of their liberty, indigenous peoples, defenders or others) and,
  11. Public Governance (ethics, integrity, transparency, access to information, anti-corruption, public procurement, management of public companies).

A participatory process

The process of elaboration of the National Base Line must be participatory and offer the possibility that the different parties related to the subject, as well as those people who have an interest, can collaborate. Within this framework, at the beginning of November 2022, in response to an invitation received, we sent inputs and recommendations on five of the aforementioned thematic axes: Environment, Rights of consumers and users, Corporate governance: due diligence and remediation in companies, Access to information and public participation in general, and Public Governance.

We also participated virtually in the first meeting with civil society and academia, organized by the National Ombudsman’s Office, for the preparation of the National Base Line for the National Action Plan on Business and Human Rights. Likewise, in the month of September, we were at the multi-stakeholder discussion table, organized by the CERALC project in Buenos Aires, in which the challenges, opportunities and prospects for advancing due diligence for responsible business conduct in Argentina were discussed. . It is worth mentioning that, from the beginning of the development of the PNAEDH, the Directorate has the support and technical advice of the Office of the United Nations High Commissioner for Human Rights (OHCHR) within the framework of the CERALC Project.

Next steps

According to the work calendar estimated by the national government, the process of elaboration of the Plan is divided into 4 main stages, each one of them with specific activities. The first is the preparation of the National Baseline. Then, as a second instance, capacity building for key actors. As a third stage, the drafting and approval of the PNAEDH is estimated, from January to March 2023. Finally, the publication of the PNAEDH is expected, approximately in June 2023.

Activities and estimated dates

  • Participatory spaces coordinated by the Ombudsman’s Office – September to October 2022
  • Preparation of the National Baseline by the National Ombudsman’s Office – July to November 2022
  • Trainings – October to November 2022
  • Drafting of PAN – January to March 2023
  • Consultations based on the draft PAN – March to May 2023
  • Presentation and publication of PAN – June 2023

Source: https://www.cancilleria.gob.ar/userfiles/recursos/plan-de-trabajo.pdf

The implementation of the business and human rights agenda represents an opportunity to which all stakeholders are called to contribute. It is time for an urgent, deep and real discussion that increases the chances that this global debate will be taken seriously, and evaluated from the perspective of public policies so that a very sober and voluntary National Action Plan is not their single destination.

 

More information

 

Authors

Camila Victoria Bocco

Camila Busso

 

Contact

Gonzalo Roza, gon.roza@fundeps.org

 

*Photo taken from the official website of the Argentine Foreign Ministry

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The Brazilian Ilan Goldfajn is the new president of the IDB

On November 20, the Board of Governors of the Inter-American Development Bank (IDB) appointed Brazilian candidate Ilan Goldfajn, former president of the Central Bank of Brazil and current director for the Western Hemisphere of the IMF, as its new president. After withdrawing the candidacy of Cecilia Todesca, the government of Alberto Fernández supported the candidate promoted by Brazil.

“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 26, following the recommendations of the Board of Executive Directors, the Board of Governors of the IDB announced the termination of the executive functions of Mauricio Claver-Carone. After the announcement, and through an official statement, the selection process of the person in charge of the next presidency of the institution began.

The Board of Governors, the IDB’s highest authority, is made up of representatives of the 48 member countries, whose voting power varies according to the capital that the country subscribes to the institution. According to the organization’s press release, “to be elected, the candidate must obtain a majority of the voting power of the IDB member countries, as well as the support of at least 15 of the 28 regional member countries.”

In this way, the candidate must consecrate himself with the majority of the voting power of the member countries to be elected. Voting power fluctuates according to the number of shares owned by each state. The largest investor is the United States, which with 30% of the total funds has a key role in the election. They are followed by Argentina and Brazil, with 11.3% each. Mexico accounts for almost 7.3%, Japan 5%, Canada 4%, Venezuela 3.4% and Chile and Colombia 3.1%. The rest is divided into small percentages from different countries.

The new president of the Bank will assume his functions for a period of five years with the possibility of being re-elected only once, and will be responsible for managing the daily affairs of the Bank, as well as managing its operations together with the Presidential Office. The president also formulates proposals on the Bank’s general policy and presides over the meetings of the Board of Directors, being able to vote only in case of a tie.

The alliances behind the election

The new president-elect was consecrated with 80.8% of the votes, and was proposed by the government of Jair Bolsonaro in view of a candidate who would bring consensus to the region after turbulent periods for the Bank, following the dismissal of the former president Mauricio Claver-Carone for violations of the code of ethics. In this way, and thanks to the support of the United States, Canada, and at the last minute from Argentina, Ilan Goldfajn managed to position himself as the new president of the IDB.

It is worth noting the late support of Alberto Fernandez to back the candidacy of the Brazilian; despite his intention to position Cecilia Todesca Bocco as the first woman and the first Argentine to preside over the IDB. However, as a result of the change in its position and the support for Goldfajn, Argentina managed to keep three positions: the Vice Presidency of Sectors, the Infrastructure Management, and a new Institute of Gender and Equality, which will be part of the new management of the IDB.

With annual loans of around 14,000 million dollars, the IDB is the largest source of financing in the region and the change of leadership is essential for the institution to refocus its attention on Latin America after two years of a US presidency.

Prior to the appointment of Goldfajn, from Fundeps and together with a group of civil society organizations in the region, we present an open letter in which we urge those who make up the Board of Governors of the IDB to ensure a transparent selection process and urge the Bank to ensure that the designated person has:

  • Knowledge of the region and experience working with its institutions and communities.
  • Commitment to human rights, sustainable development and the work of human rights defenders.
  • Comprehensive experience and vision on sustainability and environmental protection.
  • Commitment and openness to include civil society and communities affected by the projects.
  • That it prioritize the discussion for the development of a framework for reparation to the affected communities.
  • Lead by example and act in accordance with the highest ethical standards.
  • Commitment to regional and international agreements and treaties that address climate change, the protection of biodiversity, the defense of human rights and sustainable development.

It remains to be seen if Goldfajn, in the course of his tenure, manages to live up to and meet at least part of these requirements. In any case, we believe that a historic opportunity has been wasted to finally position a woman in the presidency of the Bank, a pending account of this type of multilateral institutions. Beyond the progress made by the IDB in generating job opportunities for women and their number in management positions, it is estimated that 3 out of 14 seats on the executive boards are occupied by women; in the alternate executive directorates, out of 12 chairs, only one is occupied by a woman. What gives rise to the claim to this type of organizations to promote specific spaces for participation for women and dissidence in the most hierarchical positions, which allow breaking the glass ceiling.

More information:

Authors:

Candela Jauregui

Clara Labat

 

Contact:

Gonzalo Roza, gon.roza@fundeps.org

 

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Climate change in Córdoba: a reality that worsens year by year

Climate change is the main challenge and threat in the 21st century. From Fundeps we carried out a survey and analysis of the climatic phenomena that occurred in Córdoba between 2000 and 2020, the results obtained are truly alarming. The authorities must urgently advance in the design of public policies tending to prevent and face the climate crisis.

“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”.

Climate change affects the general population without differentiating, however people who are in a situation of vulnerability, for example, people living in poverty, children and adolescents, people with disabilities, women and gender diversity, are affected in a differentiated way, deepening the existing structural inequalities.

From Fundeps we carry out the comprehensive collection and analysis of the various climatic phenomena that occurred between 2000 and 2020 in the province of Córdoba. From this diagnosis we were able to identify that climatic phenomena are cyclical and that year after year they deepen. Climate change is usually perceived as something abstract and distant, contrary to this general perception, it shows how concrete, close and how serious the effects of the phenomenon are. It also makes it possible to decipher the line of (in)action drawn from the State. Fires, tornadoes, floods, droughts, hail storms, and heat waves are some of the phenomena we suffer and that worsen year after year and also have severe consequences for the communities. These must be addressed as part of a comprehensive phenomenon and not as isolated and belated problems.

There are certain policies in the province aimed at promoting sustainable practices. However, these are not actions aimed at significantly mitigating the causes, nor adaptation to the consequences of climate change. Given the occurrence of these phenomena, the responses by the State are always late, inefficient or from a contingency perspective.

We believe that if Córdoba wants to face the climate crisis in a responsible way, it must propose urgent participatory strategies in the medium-long term. To do this, it must take into account the cumulative effects of this achievement of erratic behavior phenomena, guaranteeing access to basic elements for survival, such as water and quality food.

In addition, it is necessary and urgent to concentrate efforts on the design and implementation of public policies that start from an adequate identification of the conditions of structural vulnerability from which some sectors of society start. State actions should focus on reducing/eliminating these structural conditions. On that equitable basis, mitigation and adaptation actions must be designed.

The Climate Response Plan required by Law 27520 on Minimum Budgets for Adaptation and Mitigation to Global Climate Change, emerges as a fundamental instrument to respond to the phenomenon. Remember that according to art. 20 , each province must design this “response plan” that contains information on greenhouse gases, vulnerability and adaptation capacity of communities, goals regarding gas mitigation and adaptation measures, roadmap for each measure to adopt, among other components. The compliance period, according to the regulations, would expire on December 18, 2023, although it may be submitted earlier.

The diagnosis made allows us to affirm that climate change in Córdoba is not a distant threat, but rather a daily experience that will worsen if adequate measures are not adopted.

 

  • Download diagnosis
  • Download summary

 

Contact

Laura Carrizo, lauracarrizo@fundeps.org

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Budget and Rights: Working group on budget analysis

Last Thursday, November 24, we held a Working Group on Budget and Rights, together with the Civil Association for Equality and Justice (ACIJ), the Observatory of Labor, Economy and Society (OTES) and the accompaniment of the Federal Institute of Government (IFG) of the Catholic University of Córdoba.

“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 activity was carried out in continuity with a series of virtual meetings that we held in August of this year, where conceptual issues of the public budget, the gender perspective within the budget, and some examples both in the national budget and in that of the province of Córdoba.

In the Working Group on Budget and Rights, the proposal was rather practical and was divided into two stages. A first exhibition, in which OTES commented on some of its reports and main findings after analyzing the budgets of the province of Córdoba, in recent years. From ACIJ and Fundeps we share where the main budget information is located in the province, to give rise to the second moment of the meeting for budget analysis by the attendees.

So, according to thematic affinities, we divided into groups and based on some triggering slogans, we navigated through the web portals of the province of Córdoba where budget information is found and we proceeded to analyze some policies or programs of interest. In this sense, there were groups on the environment, health, education, housing, disability and gender. At the end, we shared the findings in full and different exchanges were generated about the information that is available, the need to incorporate other elements and indicators when carrying out this type of analysis, among others.

This Table took place a week before the 2023 Budget Public Hearing will be held in Córdoba in the Legislature, which is why at the end we share the information on how to participate in it. It is essential that these spaces for participation are promoted and how to attend is clearly and accessible disseminated, with the aim of diversifying the voices in this space and democratizing the debate around a key element for the guarantee of our rights.

Thank you ACIJ for inviting us to be part of this initiative and we hope to continue generating spaces for dialogue, debate and research around the different public budgets that are dictated at the different levels of government.

More information

Contact

Maria Victoria Sibilla, ninasibilla@fundeps.org

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A dialogue on food programs, public purchases and the Law for the Promotion of Healthy Eating

Last Thursday, November 17, we held a meeting on the current management of food programs for school canteens in the provinces of Mendoza, Córdoba, Salta, Tucumán, and Buenos Aires. Special emphasis was placed on food purchasing systems and on the need to guarantee the effective application of Law No. 27,642 on the Promotion of Healthy Eating (PAS) within the framework of school assistance programs in each of these provinces. The event was organized by Fundeps, Nuestra Mendoza, Andhes, Salta Transparente, the Center for the Implementation of Constitutional Rights (CIDC) and also had the support of SANAR.

“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 addition to representatives of the aforementioned civil society organizations, the following participated in the meeting: Claudia Oliva and Victoria Lo Valvo, General Director of the Comprehensive Assistance Program of Córdoba (P.A.I.Cor) and Director of Legal Affairs of the General Directorate of Purchases of Córdoba ; Franco Pullido and Gabriel Sciola, Director of School Feeding of Mendoza and Undersecretary of Administration of the General Directorate of Schools of Mendoza and Matías Molina, General Director of Monitoring of Procurement of Goods and Services of the province of Salta.

At first, through a participatory dynamic, the different representations and social images linked to chronic non-communicable diseases and, specifically, malnutrition due to excess and the commonly known “law of labeling” were addressed. Then the different components of said law were described and, finally, the provisions related to public purchases for school canteens were studied in depth.

It was highlighted that, when dealing with purchases for educational establishments, they should guarantee that products with black seals did not enter the schools, whether they were already packaged products or the ingredients used to prepare the food. This, given that products with at least one seal or precautionary legend cannot be offered, marketed, promoted, advertised or sponsored within schools, by virtue of article 12 of the PAS law.

In a second moment, the floor was given to each of the leading people from the provinces, authorities in the event that they were present or from NGOs, so that they could comment on how the management of the food programs was in each one of them, how Food purchases were decided, with what nutritional criteria, if this information was accessible to the public, all with the aim of identifying some common points and windows of opportunities for the effective application of the PAS law.

By way of conclusion, each attendee identified opportunities, challenges and possibilities for articulation between civil society and the State agencies involved.

 

Authors

Maria Victoria Sibilla

Maga Merlo

Contact

Maria Victoria Sibilla, ninasibilla@fundeps.org

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Open letter to the IDB for the election of a new presidency

Given the opening of a new election process for the presidency of the IDB group, civil society organizations in the region and communities affected by projects, we sent an open letter with recommendations on the profile of who will preside over the Bank.

“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 letter we urge those who make up the Board of Governors of the IDB to take advantage of this opportunity so that the person who is selected is someone with probity, capable of leading the transformations that the institution requires today and of effectively facing the emergencies and environmental and social challenges in Latin America and the Caribbean.

Likewise, we consider that the job description must be clear, the selection process transparent, and we urge the Bank that the person who is selected have:

  • Knowledge of the region and experience working with its institutions and communities. Commitment to human rights, sustainable development and the work of human rights defenders.
  • Comprehensive experience and vision on sustainability and environmental protection. Commitment and openness to include civil society and communities affected by the projects.
  • That it prioritize the discussion for the development of a framework for reparation to the affected communities. Lead by example and act in accordance with the highest ethical standards.
  • Commitment to regional and international agreements and treaties that address climate change, the protection of biodiversity, the defense of human rights and sustainable development.

The election is scheduled for November 20, with voting power varying according to the number of shares held by each member country. The person who is finally appointed to the presidency of the IDB Group has the opportunity to lead a Bank that is stronger, more responsible, more effective and, above all, closer to the peoples of the region, leading the way towards truly sustainable and inclusive development.

Contact

Gonzalo Roza – gon.roza@fundeps.org

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Practices taken care of for the care of the interruption of pregnancy

Together with the ECOS Foundation, we have prepared a guide with fundamental contents to carry out comprehensive, careful and safe care for the Voluntary and Legal Interruption of Pregnancy (IVE/ILE).

“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”.

This guide is intended for people who work in the health field and are part of the care and attention processes, from receiving the consultation, direct participation in the practice and subsequent care. It is also a useful material for those who are in the process of professional training in areas related to health.

The guide contains an accessible development of the legal framework and key aspects to understand the scope of Law 27610 and other regulations to which it refers. Describes the rights of users and the responsibilities of health personnel.

Next, it proposes a comprehensive care model for the practice, so that all the people involved in it can offer a quality service that is respectful of human rights, from the consultation, during the care and after the interruption of pregnancy. It introduces the types of recommended treatments and develops the medical and administrative aspects to be taken into account when carrying out the practice. Finally, it has a series of updated references and resources for consultation.

We hope that this material will be useful and serve as a basis for all health personnel involved in the care of pregnancy interruption, from the first contact with the person who consults and to the subsequent care, to be able to carry out their work of The best way.

Contact

Mayca Balaguer – maycabalaguer@fundeps.org

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We present an environmental injunction for the contamination of Lake San Roque

We presented an environmental protection before the Justice of Córdoba for the serious situation of contamination and degradation that Lake San Roque presents, one of the main reservoirs of Córdoba.

“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”.

After an in-depth study of the critical situation of environmental contamination suffered by the main water basins of the province, including Lake San Roque, Los Molinos Dam and Suquía River, we made a diagnosis where we capture its current state and the causes pollution, the consequences that this generates in the environment, in the community and in biodiversity, and we make a series of recommendations to the authorities.

As we were able to determine, the main cause of contamination is the lack or deficiency of appropriate public policies. Which translates into poor management of sewage effluents and urban solid waste, deforestation, contamination with agrochemicals, fires, lack of environmental impact studies in public and private works, among others, all of which ends up seriously affecting the water courses.

We particularly focus on Lake San Roque due to the great importance that this lake has for the entire province, since there are various cultural, economic and developmental life webs in and around it, in addition to supplying water to a large part of the people who live in Córdoba. It is estimated that the water that more than a million and a half people drink comes from the lake, and it is the economic engine of the entire Punilla region.

Given the alarming situation of the lake, and given the lack of initiatives by the authorities to stop the contamination immediately and clean up the basin, despite the constant demands of the community, we decided to go to court through an injunction environmental.

What does the protection consist of?

The purpose of this legal action is to request the Courts to intervene proactively in the protection of the right to health, quality of life and preservation of a healthy environment. Through the amparo presented, we sue the authorities responsible for the situation of Lake San Roque, that is: the Government of the Province of Córdoba, the Ministry of Public Services of the Province of Córdoba, the Provincial Administration of Water Resources of Córdoba ( APRHI), the Secretary of the Environment of the Province of Córdoba, and the municipalities and communes that the basin crosses.

The objective of this action is to ask the Cordovan justice to:

  • condemn the defendant authorities to carry out actions aimed at preventing polluting behavior in the San Roque Lake basin and its tributary rivers;
  • order to cease the dumping of substances that pollute the lake;
  • Demand to stop public and private works that could deepen the critical situation of the basin;
  • order the urgent restoration and remediation of the lake;
  • At the same time, we ask for the creation of an interdisciplinary and interjurisdictional River Basin Committee, which has powers of inspection, control, authorization of polluting activities and/or undertakings, among other powers. The formation and proper functioning of said Committee is fundamental in order to consolidate efficient and appropriate solutions to the needs of the entire community. In this sense, we request that citizen participation be guaranteed in advance in its formation and in its subsequent operation, and that its opinion be mandatory for the authorities.

The reality shows the serious and critical situation that all the water courses in the province are going through, something as basic as the water we drink cannot admit more inaction and delays on the part of the authorities. For this reason, we hope that the Justice of Córdoba responds quickly and responsibly to this cause, given the importance it has for those of us who inhabit the province, for future generations, for the environment and for the community of Punilla.

 

More Information

Situational Diagnosis of the Water Resources of Córdoba: Los Molinos Lake and San Roque Lake

Situational Diagnosis of the Water Resources of Córdoba: Suquía River

 

Author

Ananda Lavayén

Contacto

Laura Carrizo, lauracarrizo@fundeps.org

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We ask the authorities to update the National Tobacco Control Law

We sent to national authorities of the Executive and Legislative Power a document with legal arguments and scientific evidence that support the need to update the national law No. 26,687 of regulation of advertising, promotion and consumption of products made with tobacco. In this note we tell you what we ask of them and why.

“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”.

Law No. 26,687 is already more than 10 years old, and the need to update it in light of the marketing strategies of the tobacco industry and the new products it develops is evident. According to the World Survey on Tobacco in Young People in Argentina, carried out in 2020, tobacco consumption produces 44,851 annual deaths, representing 13% of total deaths and that still, more than 22% of the population consumes tobacco, being the age of initiation, which is already between 12 and 15 years, is decreasing.

For this reason, we send a report with key information to the Nation’s Minister of Health -Carla Vizzotti-, to the block presidents of the Chamber of Deputies, and to various legislators from commissions related to the subject, explaining why what is this update needed.

The World Health Organization warns that while many countries have made significant progress in regulating traditional tobacco products, there are many others that are novel (such as heated tobacco products and electronic cigarettes, better known as vapers). ), and continue without being properly regulated, making their way through the population, especially in children and adolescents. The WHO adds that these products are not only harmful to health, but also work as an incentive for young people to start consuming traditional cigarettes.

On the other hand, we transmitted to the Minister and the legislators information about the legal loopholes that the current law has, and that are exploited by the tobacco industry to avoid advertising, promotion and sponsorship prohibitions. For this same reason, we suggest a series of measures that should be included in the standard, such as the absolute and explicit prohibition of all types of advertising -including display at points of sale-, as well as its effective control to avoid violations, and ultimately, get them sanctioned.

We bet on the political will and the strengthening of public policies to improve the standards of protection of the right to health. A strong and thriving industry like the tobacco industry requires a State that is present and willing to watch over the interests and rights of the population.

 

More Information

Author

Sofía Armando

Contacto

Maga Merlo, magamerlov@fundeps.org

An industry that does not give up

In these last 10 years we have seen great changes in the tobacco industry. Elegance and technology in its products, striking and advanced images, new words in its advertising campaigns and web pages. That is, the development of increasingly sophisticated marketing strategies, capable of quickly captivating the target audience. Very subtly and, even in an almost imperceptible way, the tobacco companies sneak into our unconscious and shape our preferences, behaviors and perceptions.

“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”.

These companies usually benefit from the side effect of the slowness with which States regulate their actions. An industry capable of investing millions of dollars in innovation and advertising requires strong regulatory frameworks that allow it to deal with them with due immediacy and efficiency. Otherwise, the health, dignity and quality of life of people are in danger, especially that of children and adolescents, a group on which these corporations especially focus.

What does the tobacco control law say in Argentina?

In Argentina, the National Tobacco Control Law (LNCT) is more than 10 years old. Although at the time it represented a significant advance in the matter, the truth is that it has become outdated and insufficient in the face of the arsenal of marketing strategies that the tobacco companies were developing. Added to this are the difficulties that the Argentine State has in developing adequate control mechanisms that allow it to guarantee compliance with regulations throughout the country. If the monitoring of advertising tactics in traditional media was already a challenge for the State, the control of all these new strategies promoted by the tobacco companies brings more complexities.

The industry spends millions of dollars daily to create marketing tactics that create the impression that tobacco use is widespread and acceptable. In this sense, it has been scientifically proven that advertising, promotion and sponsorship increase the chances of starting tobacco consumption, maintain or increase consumption levels among smokers and reduce the willingness to quit smoking.

In our country -at the national level-, there is a broad ban on actions of promotion, advertising and sponsorship of products made with tobacco, whether they take place directly or indirectly and through any means of dissemination or communication. However, the regulations also establish a series of exceptions to said prohibition, such as the promotion and advertising that is carried out inside the points of sale, in publications of the tobacco sector and through direct communications to people over 18 years of age, provided that they have given their prior consent and their age has been verified.

These types of partial restrictions are ineffective in reducing consumption and protecting public health. Well, advertising that is prohibited by a communication channel, is displayed and reinforced by others. In this sense, according to the Argentine experience, with the advancement of regulations that had the purpose of limiting marketing strategies, the main achievements were obtained in the field of traditional media, such as television, radio and graphic press. However, tobacco companies quickly developed other innovative ways to continue operating and thus protect their income. Some of these strategies were in express violation of current regulations and others premeditatedly took advantage of legal loopholes to continue promoting and advertising their products. In this way, the points of sale, massive events and the Internet -among others-, began to be the disputed and privileged spaces for these corporations.

The tobacco companies at the corner store

A study carried out by FIC Argentina, whose purpose was to evaluate the marketing strategies used by tobacco companies at points of sale in 8 provinces of the country, found that in 56.1% of these spaces there was some type of advertising for cigarettes or tobacco products. related, such as: cigarette packs used as decoration elements; posters with logo and/or brand that advertise certain products; posters without a logo and/or brand but that contain references, allusions or slogans related to tobacco products; shelves provided by the tobacco industry with spaces for advertising posters and lighting effects; display of tobacco products for sale through shelves.

In turn, research shows that investments by tobacco companies in points of sale have been increasing significantly in recent years. This is because these spaces are central and effective in exposing people to messages and images that position smoking as something normal and familiar. Strategic placement of packages and signage in highly visible locations (such as checkout lines, check-in and check-out areas) ensures that the brand and associated imagery stand out, serving as a visual reminder and reinforcing the desire to smoke. Added to this is the fact that a large part of the packages displayed, the posters and the shelves, are visible from the outside so that they reach not only those who enter the premises but also those who pass by in the vicinity.

“New products” + digital marketing = the perfect combo

The irruption in the market of the so-called “new products”, such as the electronic cigarette -also called Electronic Nicotine Administration Systems (SEAN) and Similar Systems Without Nicotine (SSSN)- and heated tobacco products, constituted a novelty in herself. Its sophisticated designs and the technology applied to its operation quickly captured the attention of the public, especially the youth. In addition, as if that were not enough, they began to be presented as low-risk products or as part of smoking cessation treatments, thus contributing to a false idea about smoking.

In this sense, it is pertinent to highlight that the launch of these new products was accompanied by the emergence of a new language that managed to install new terms in the market, such as “vaping”, “vaping”, “vaporizers”. All terminologies that had the purpose of not only disguising the true act that embodies the use of electronic cigarettes and heated tobacco products -that is, smoking-, but also concealed and softened the harmful consequences that their use represents for health. consumption.

In turn, the marketing of these new products was boosted by digital marketing, which used social media in particular to reach as many people as possible. Among the most outstanding strategies is the hiring of influencers and musical artists who, by reaching a large number of people, position themselves as trendsetters. In this way, they become one of the main channels used by tobacco companies to promote their products and, at the same time, establish bonds of loyalty with the young population.

An example of this is the one carried out by the company MIG VAPOR LLC through music videos that are reproduced through Youtube Argentina. The advertising contained in these videos consists of repeatedly showing famous artists -mostly from the world of reggaeton- consuming electronic cigarettes, displaying the brand name in easily visible places and in the provision of a link that is in the description of the played song that immediately redirects to the sales website of MIG VAPOR LLC.

According to the current legislation of Argentina, the promotion and advertising of the electronic cigarette, as well as any of its accessories, is specifically prohibited by Provision No. 3226/11 of the National Administration of Medicines, Food and Medical Technology (ANMAT) . Likewise, based on a systematic interpretation of the National Tobacco Control Law and its Regulatory Decree, this type of product could be found within its scope of application and, consequently, its advertising through websites and social networks is prohibited.

However, it must be said that the control by the ANMAT in this sense has been scarce to insufficient, and with regard to the control and monitoring mechanisms deployed by the Ministry of Health – the national law enforcement authority -, these have focused more than anything on traditional media and not on digital media. In this way, the tobacco companies have been left in a situation of pre-eminence in the face of the control actions deployed by the State.

There is a clear need to improve the regulation of new tobacco and nicotine products in accordance with international standards, so that it includes not only electronic cigarettes but also heated tobacco products, and so that the agencies in charge of their control can make its oversight mechanisms more efficient in order to guarantee a complete ban on advertising, whatever the means of dissemination.

VIP pass in massive events

According to a survey carried out by FIC Argentina in hostels, bowling alleys and musical events, tobacco companies often use various advertising tactics in order to attract a youth audience. Offering free samples and exchanges, delivery of promotional objects, stands decorated with screens and the aesthetic identity of the brand, are the most used strategies in these spaces. In addition, as in the points of sale, tobacco products are sold, promoted and displayed there.

In addition, those who attend the stand usually summon young people to contests and raffles, and it is there that an exchange is promoted and produced that culminates in the registration of personal data. Thus, the tobacco companies manage to increase their database and have all the necessary information for future marketing actions. Among them, e-mail marketing and social networks.

In accordance with the LNCT and its Regulatory Decree, in addition to prohibiting all types of advertising on public roads, spaces for public use, bars, nightclubs, the use of direct or indirect incentives that encourage the purchase or consumption of tobacco products is prohibited. such as the realization of promotional discounts, the delivery of gifts or the realization of contests or competitions. Likewise, the delivery of free samples, either as a gift or exchange for another product, is prohibited. Despite this, the control of these events is deficient and evidences the need to improve the monitoring and sanction mechanisms.

What do we need from the Argentine State?

The violation of current regulations on tobacco control, the inadequate control by the State added to an industry capable of investing millions of dollars in marketing and innovation, reveal the urgency of moving towards a complete ban on advertising, promotion and sponsorship , in all its forms and whatever the means of dissemination.

Promotion and advertising at points of sale, especially through the display of tobacco products, is one of the main marketing strategies used by tobacco companies. In this sense, the Framework Convention for Tobacco Control (FCTC) has established in its article 13 that “a total ban on advertising, promotion and sponsorship would reduce the consumption of tobacco products” and that, the exhibition in points of sale, should be considered in itself as a form of advertising and promotion.

In addition, according to the scientific literature on the matter as well as the provisions of the Framework Convention itself, the legislation that establishes the complete prohibition of advertising, promotion and sponsorship of tobacco products is an effective measure in the fight against smoking. Well, it has the capacity to reduce the consumption of the entire population, regardless of their income and education level.

On the other hand, faced with the advance of new products, it is necessary to guarantee a regulatory framework that expressly regulates them. The current National Tobacco Control Law does not expressly accept them and if it does, it could increase the expectations of compliance with the regulation, reduce the gray areas of the current regulations in order to prevent tobacco companies from continuing to develop abusive marketing and commercialization strategies and, in short, reduce the danger that these products represent for public health.

In this line, the 7th meeting of the Conference of the Parties to the Framework Convention for Tobacco Control in 2016 recommended that the regulation “prevent the promotion of SEAN/SSSN and prevent the adoption by non-smokers, pregnant women and young people. , minimize potential health risks to users and non-users of ENDS/SSSNs, prohibit unproven claims about ENDS/SSSNs, and protect tobacco control efforts from commercial and other tobacco industry vested interests.” . In relation to heated tobacco products, he stated that they should be subject to the normative and regulatory measures applied to all other tobacco products.

It is necessary for the State to take into account the paradigm shift that has taken place in the last 11 years since the sanction of the national Tobacco Control standard. If our regulatory frameworks are not updated and if our inspection mechanisms do not improve, it will not be possible to reduce the tobacco epidemic and, consequently, protect public health. In this sense, the ratification of the Framework Convention becomes essential, as it will be a tool that will allow the current standards of protection in terms of tobacco control to be strengthened.

An industry that is advancing by leaps and bounds, developing new products and innovative marketing strategies, requires States capable of responding quickly and effectively. Or what would be even better, anticipate the scams of these corporations.

 

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Authors

Gaetano Vaggione 

Maga Merlo Vijarra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

 

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IDB began public consultation for the new Access to Information Policy

The Inter-American Development Bank (IDB) announced in August the opening of the public consultation process to receive input on the proposal for the new Access to Information Policy (PAI). This process will last 150 days and will include asynchronous queries and direct exchanges.

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

The Inter-American Development Bank is one of the main multilateral institutions that finances projects in a large part of the Latin American countries. In the IDB’s field of work, transparency and integrity are essential. It is in this area where reforms are promoted that seek to improve the quality of regulations and institutions, as well as expand access to information.

In this sense, the IDB announced a new Access to Information Policy Proposal, which will replace the Bank’s current Access to Information Policy, in force since 2011. It is around this new draft that the public consultation is carried out. , which was launched on August 29 of the current year and will last 150 days.
The objective of the public consultation lies in the possibility of receiving, either in written or verbal form, opinions and inputs from those parties that want to contribute to enriching the quality of the document and the organization’s understanding of the perspectives and perceptions of the various civil society actors regarding access to information on Bank activities in the region.

The period of time stipulated by the procedure is divided into three phases. Initially, in September, three virtual synchronous dialogues were established (in English, Spanish and Portuguese), which will allow the Bank to collect opinions and identify new references that can enrich the new PAI. As of October, the second part of the procedure began, we are talking about the asynchronous consultation phase, which will be available for a period of 90 days, where the final version of the new PAI document will be strengthened. Face-to-face meetings will also be held in Costa Rica (October 25), Uruguay (November 15) and in a Caribbean country not yet defined (November 3). In principle, to participate in the virtual consultation instances, it will be necessary to register in advance on the Virtual Platform for Public Consultation Processes and request access to the consultation. Finally, regarding the third phase, it has a stipulated duration of 30 days throughout the month of March and seeks to inform the participants about the closure of the consultation process and the inputs received and considered, both those that were included as those that were not included in the final version of the policy approved by the Board of Executive Directors.

Since one of our main pillars of work is based on transparency, we have sent a letter, along with other regional civil society organizations, detailing our concerns and recommendations to strengthen and improve the consultation process. They are structured in seven main pillars, among which we can mention: update and organize the information regarding the consultation process in a single place on the IDB website to ensure that all interested parties and affected communities are effectively informed ; incorporate a 30-day public period to submit comments and recommendations to a second draft of the IAP; proactively solicit input from stakeholders to facilitate their participation in consultation processes, so that civil society has the opportunity to shape the debate; eliminate the barriers that exist in the consultation plan to guarantee effective participation, barriers that revolve around, above all, the electronic platform, which is a condition to be able to participate in this instance; confirm and disseminate in advance the calendar with the dates and places of the face-to-face consultations planned for the second phase; open a public comment instance for the implementation guidelines of the future PAI; and, finally, meeting with civil society at the Annual Meeting of the IDB Group in Panama 2023.

In this way, we hope to be able to collaborate with the IDB’s management to ensure that the consultation process is truly fruitful and participatory and that it enables the Bank’s new Access to Information Policy to be strengthened and perfected.

To access the draft of the new policy that is being submitted for public consultation, click here. Comments and suggestions on the draft can be sent to the following email: consultapai@iadb.org

More information:

Author
Valentina Raso

Contact
Gonzalo Roza – gon.roza@fundeps.org

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We participated in a webinar on the IDB Information Access Policy

Within the framework of the current review process of the IDB Access to Information Policy, Fundeps, the Environment and Natural Resources Foundation (FARN) and the CAUCE Foundation: Environmental Culture – Ecological Cause held, on September 29, the webinar “Review of the IDB Access to Information Policy. An opportunity to improve the transparency of the Bank”. The event discussed the shortcomings of the current policy under review, the difficulties in its implementation and the priorities regarding the ongoing public consultation process.

“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 Access to Information Policy (PAI) of the Inter-American Development Bank (IDB) has become outdated. It dates from 2010 and its entry into force is dated 2011. So far it has not been modified, despite the fact that the current context is far from the rights acquired by people from the regulatory advances in terms of citizen participation and access to information and justice. At the end of 2019, the IDB began a review process of its Access to Information Policy that was suspended months later and has recently been reactivated.

In this context, it is necessary to underline that the right to information is a fundamental human right, as a necessary condition for people, communities and organizations to be informed and actively participate in decision-making processes, as well as being a pillar of transparency and accountability.

Based on the above, the webinar was structured in 3 main moments: to begin, the report “Flaws in the Inter-American Development Bank’s Access to Information Policy” was presented, prepared jointly by the 3 organizations mentioned above, which Its objective is to analyze the normative aspects contained in the current PAI and the difficulties in its implementation, the review process initiated and the intended policy profile. Likewise, its shortcomings and recommendations for strengthening the PAI were identified, with the ultimate goal of effectively guaranteeing the right of access to information. Second, the current status of the PAI review process was emphasized. Finally, from the Chilean organization Sustentarse, they commented on experiences and practical cases in Latin America in which it is possible to perceive the shortcomings that the IDB still has in terms of access to information. The webinar ended with questions and reflections from the people who spoke and attended the event.

To view the recorded webinar, click here

More information

Author

Camila Victoria Bocco

Contact

Gonzalo Roza, gon.roza@fundeps.org