,

Salta: the doctor guaranteed the rights of the young woman to a legal interruption of pregnancy

Today they arrested a doctor at the Juan Domingo Perón Hospital, in Tartagal, in Salta, for practicing a Legal Interruption of Pregnancy. The practice was requested by a patient of legal age, in full exercise of her autonomy. To apply for the practice, he traveled more than 53 kilometers to the hospital. The 21-year-old girl was in the 22nd week of pregnancy.

“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”

When she was received at the health center, she was cared for by an interdisciplinary team made up of a doctor, a social worker and a psychologist. He had separate interviews with each of them, who also informed the director (manager) of the hospital, who found that it was the causal health and that it was duly justified.

Article 86 of the Penal Code allows abortion until week 14 without having to give explanations about the reasons for doing so. It also allows abortion if the pregnancy to be interrupted was the product of rape or if the life or integral health of the pregnant person was at risk. The latter was the case of the young woman from Salta.

The young woman was accompanied throughout the process and was cared for by professionals who guaranteed her rights and listened to her.

From within the hospital, professionals opposed to the comprehensive health of women, seeing that they could not interrupt the process, decided to summon the young woman’s family. In this way, they violated his right to confidentiality and contravened his will.

Her relatives arrived in the middle of the procedure and the young woman had a moment of doubts, but immediately decided to continue with the procedure and expressed it. It is important to note that the complaint to the doctor was not made by the young woman, whose rights were not violated, but by a relative.

The procedures performed by the medical team are within the law and each step taken was accompanied with conviction by the hospital management and recorded in the medical record. The doctor who was arrested today in an intimidating and disciplinary scene in her workplace, is the only non-objector professional, who guarantees the right to comprehensive health for women and other people with the ability to gestate in the area. This afternoon she was released.

We believe that it is essential to respect the privacy of the young woman, as neither the objector doctors who called relatives, nor the media that fall into morbidity without real data, nor the judicial power that could have saved the staging of the disciplinary detention. It is also essential that those who put obstacles to access the rights arising from a democratic society receive the corresponding sanctions.

Guaranteeing rights is not a crime.

Firms:

  • Amnistía Internacional Argentina
  • Católicas por el Derecho a Decidir
  • CEDES
  • CELS
  • ELA
  • Fundación Huésped
  • Fundeps
  • FUSA AC
  • Mujeres x Mujeres
  • REDAAS
,

We present a proposal to eliminate trans fats in Argentina

From Fundeps, SANAR, FIC Argentina, Fagran and Argentine Consumers we sent a proposal to the National Food Commission (CONAL) for Argentina to move towards a more restrictive regulation of trans fats and that prohibits the use of partially hydrogenated oils.

“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 different organizations proposed to CONAL to modify article 155 tris of the Argentine Food Code (CAA). Said article currently establishes that:

the content of industrially produced trans fatty acids in food must not exceed: 2% of total fats in vegetable oils and margarines intended for direct consumption and 5% of total fats in other foods, including those that They are used as ingredients and raw materials.

In this sense, we propose that a maximum limit of the content of trans fatty acids (TFA) of industrial production of 2% with respect to total fats in all products be established. Including those that are used as ingredients and / or raw materials, and also prohibit the use of partially hydrogenated oil.

The proposal arises given that the consumption of trans fats is dangerous for health, since it increases the risk of cardiovascular diseases, sudden cardiac death and diabetes mellitus, among other diseases. In other words, the available scientific evidence establishes that these fats are not essential, they are not required for any biological function in the body and they do not have any health benefits.

It is essential to improve regulation, since despite the recent modifications incorporated in article 155 tris of the CAA where it was clarified that the restriction and maximum limits of trans fats include raw materials and ingredients, it continues to be insufficient.

In addition, although the State has worked since 2010 to reduce the presence of trans fatty acids in the supply chain, there is currently an outdated approach to the limits proposed by international expert organizations in the field. An example is the WHO REPLACE (2018) package of measures that aims to eliminate TFA from the food supply and the “Action Plan to eliminate trans-fatty acids from industrial production 2020-2025”, launched in 2020, which seeks to facilitate the implementation of policies and measures at the national level. In both documents, it is recommended to adopt regulatory frameworks to eliminate or reduce the content of TFA to a maximum of 2% of the total fat content in all food products. If this recommendation is coupled with a ban on partially hydrogenated oils (APH), it may have an added effect by allowing enforcement against other sources of trans fatty acids, such as poor quality refined oils.

About trans fats:

Industrial trans fatty acids, known as “trans fats,” are present in a large number of processed foods such as baked goods, baked goods, cookies, and snack foods. These fats are made by the food industry through a process called “hydrogenation”, which transforms liquid vegetable oils into semi-solid fats.

A large body of evidence has shown that increased consumption of trans fats has serious health consequences. According to WHO studies, they are an important factor in the development of cardiovascular diseases and non-communicable diseases worldwide, causing an estimated half a million deaths each year.

More information:

Contact:

Maga Merlo Vijarra, magamerlov@fundeps.org 

,

We provide general guidelines for the Yolanda Law at the provincial level.

In conjunction with Fundación TierraVida and Ecohouse Córdoba, we formulate contributions for the formulation of general guidelines for conducting training within the framework of the Yolanda Law.

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

In a note addressed to the Secretary of the Environment of the Province of Córdoba, we presented guidelines for the design of the general guidelines within the framework of the Yolanda law. These guidelines allow directing the methodology and content that will be part of the training received by people who exercise public functions within the framework of the regulations.

The contributions focus mainly on those primary content, procedural and methodological, operational and epistemological issues. Each of the points provided, present the reasons why we believe that they should be taken into account for the purposes of an efficient application, which allows the appropriate approach in accordance with the objective of the law.

We trust that the participatory instances will enrich the guidelines, and consequently the trainings that are ultimately dictated. Likewise, it is valuable that those pillars on which the training is based enjoy legitimacy on the part of civil society organizations and citizens in general.

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

,

Abortion is law: New judicial defeat for the anti-rights sectors

This Thursday the Superior Court of Justice of Córdoba rejected the appeals that sought to suspend Law 27,610 on Voluntary Interruption of Pregnancy in our province through a precautionary measure. In this way, it confirms that the regulations continue to be in full force throughout the province.

“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”

With a large majority, the members emphasized the presumption of legitimacy that the law has because it is an act of public power, affirming that it is the link of a policy “in matters of public health.” In short, the Supreme Court held that the validity of a law cannot be suspended by means of a precautionary measure with general scope without damaging the principle of division of powers, as requested by the plaintiff.

In this sense, they emphasized that “the Judicial Power lacks constitutional powers” to review “in the abstract or to interfere” in the legislative policy decisions adopted by “Congress, the quintessential representative of the popular will.” They also highlighted that this law is the result of a democratic debate and has broad social support.

The legalization of abortion brought greater autonomy and freedom in our decisions. Law 27,610 makes the entire judicial and health system adapt to the rights that we managed to conquer and to which the Argentine state was bound both domestically and internationally.

We are facing a new conquest of feminisms. In alliance, we continue working so that all women and people with the ability to carry a child have legal, safe and free access to the voluntary interruption of pregnancy.

DOWNLOAD THE STATEMENT

Clínica de Litigio de Interés Público Córdoba

Católicas por el Derecho a Decidir

Fundeps

,

Mapping of training needs of the Popular, Feminist, Social and Solidarity Economy.

Together with the Provincial University of Córdoba (UPC), we began a mapping of training needs of organizations of the Popular, Feminist, Social and Solidarity Economy of the province. The results will be reflected in training proposals adjusted to the requirements of these spaces.

“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 order to collect the most relevant and common problems that arise when sustaining these organizations, this survey will result in the design and delivery of training proposals that arise from their own needs.

We bet on the collective construction of knowledge and we value the situated proposals that are significant for organizations that build and sustain the local economy, from alternatives to the logics of looting and capital accumulation.

Therefore, if you are part of or know of any of these organizations, we invite you to complete and / or share the form. So that we can develop a relevant, meaningful and coherent training proposal with your needs.

ACCESS THE FORM

Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

,

National Cycle of Training in Legal and Voluntary Interruption of Pregnancy

Focusing mainly on students, professionals and workers in the health field, Fundeps, Ecos and Andhes launch a cycle of virtual meetings where different aspects related to the voluntary and legal interruption of pregnancy will be addressed, from a comprehensive and interdisciplinary.

“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”.

Through 4 free webinars of national scope, work will be done on protocols, legal framework, safe techniques, ways of monitoring situations and other tools to take into account regarding Law 27,610.

The first meeting will be on August 27 at 6:00 p.m. It will focus on conditions and standards of application of IVE / ILE, conscientious objection and responsibility of health professionals and will have the participation of Marisa Herrera, Doctor in Law from the University of Buenos Aires, CONICET researcher and teacher .

The second meeting, to be held on September 10 at 6:00 p.m., will focus on the comprehensive approach and safe abortion techniques. It will have as exhibitors Dras. Mariana Romero and Nadya Scherbovsky. Mariana is a doctor, a researcher at CEDES / CONICET, she is a member of the Safe Abortion Access Network and technically assists health teams in the implementation of services. Nadya, for her part, is a general and family doctor, and a member of the Córdoba Integral Health Clinic, the ECOS Foundation and the Network of Health Professionals for the Right to Decide.

Then, on October 4, the third meeting will take place, and it will be attended by Luis Pedernera, a member of the United Nations Committee on the Rights of the Child. This meeting will be focused on analyzing access to the Legal and Voluntary Interruption of Pregnancy in girls and adolescents.

Finally, the last meeting on October 15 will take place with a workshop dynamic, where cases will be addressed that allow participants to analyze practical situations to be able to carry out accompaniments from a rights perspective.

Registration is free and free through this form, and you can participate in the full cycle or in each meeting separately.

SIGN UP

,

Legal abortion is still in force in Córdoba

This Wednesday, an opinion signed by Juan Manuel Delgado, Attorney General of Córdoba, was published in the press within the framework of the judicial case promoted by former legislator Aurelio García Elorrio that seeks to suspend in the provincial territory the effective implementation of Law 27,610 of Voluntary termination of pregnancy.

“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 opinion arises in the framework of the appeal that García Elorrio presented after the Administrative Litigation Chamber rejected the precautionary measure requested in the amparo that seeks to suspend Law 27,610 in Córdoba. To resolve, the Superior Court of Justice (TSJ) must notify all parties and also the Attorney General in order to issue an opinion on the matter, but it is in no way binding and may even be rejected.

It is not less than the letter has also been signed by the deputy prosecutor Pablo Bustos Fierro, with the explicit intention of avoiding that at the time of ruling, it is still pending to resolve its separation requested by the intervening associations. It is also worrying that the resolution is public before being available for the view of those who intervene in the judicial case. The TSJ has not yet issued on the matter, that is to say that the opinion was presented irregularly without being resolved the recusal of the prosecutor.

From Catholics for the Right to Decide (CDD), Foundation for the Development of Sustainable Policies (Fundeps) and Legal Clinic of Public Interest Córdoba (CLIP) we express our concern about such untidiness that we consider is not innocent and confirms our concern in relation to the suitability of said official to act with the objectivity and respect for the legality required by said function.

Prior to their appointment, Fundeps and the Institute for Comparative Studies in Criminal and Social Sciences (INECIP) participated in the public hearing at the Committee on Constitutional Affairs, Justice and Agreement of the Córdoba Legislature, which evaluated their specifications to warn about their lack of suitability and its position contrary to the human rights of women and people with childbearing capacity. In the letter that we signed together with more than 40 civil society organizations, we spoke out against his appointment for publicly advancing a position against abortion, an issue on which he should decide later.

The suspension of the right to access the IVE through a precautionary measure and would imply a setback and irreparable damage for women and pregnant people in Córdoba who would be unable to access a basic human right such as health. It should be remembered that the Provincial Justice has already issued on these issues in the action filed by Portal de Belén against the provincial Protocol of Non-Punishable Abortion in 2019, where the amparo was rejected for lack of a specific case.

In the same way, we point out that this type of filings against the IVE Law have been raised throughout the country and most of them have already been rejected by virtue of their inadmissibility. Access to the legal and voluntary interruption of pregnancy is fully valid in the province of Córdoba, as in the entire national territory, despite attempts to obstruct its access through abusive and openly inappropriate prosecutions.

This law represents an advance in the guarantee of the right to life, physical and mental integrity, health, autonomy, freedom and equality of women and people with the capacity to bear children. We are not going to allow undemocratic actions that violate human rights carried out by anti-rights groups to harm it. We continue to work together for our rights.

Contact:

Clínica de Litigio de Interés Público Córdoba
Católicas por el Derecho a Decidir

Fundeps
3513251601 – 3513294497

,

Public purchases in pandemic 2021: less transparency and direct purchases continue

After the publication in March of the results of the survey “Public purchases in pandemic: 2020, the year of direct contracting and the lack of transparency”, Red Ruido adds to the investigation the first quarter of the year 2021.

“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”

Ruido is a federal network of communicators, specialists in open data and civil society organizations that was created to make visible issues of public interest related to the management of State resources, administrative transparency, corruption and access to information. From Fundeps we support its creation in an alliance Citizen Power and FOPEA.

In this new report, the question remains the same as in the first Noise survey: can citizens know how much the State paid for each product purchased to alleviate the pandemic?

The answer is not only the same —no—, but now it is worse: there was less information available to access data for the first quarter of 2021, in relation to what was surveyed in 2020. This is the main conclusion of the survey in 13 provinces of the country , plus the City of Buenos Aires and the Nation.

Highlights
● 82.3% of the hires in the first quarter of 2021 were made directly, according to the Noise survey in 14 Argentine provinces.
● Fewer transactions were registered than last year and there was also less data available: the index of access to information worsened.
● In many joint purchases (those that include several products) it is impossible to detect how much each province paid for each item.
● Santa Cruz was added to the provinces without data.
● A record-breaking purchase of ethyl alcohol was detected in Chaco: 1,900 pesos per liter.

Tenders, missing
The survey of public purchases related to the pandemic during 2020 had detected that 92% of the operations had been carried out directly. That index improved a little, but it is still very high: 82.3%.

The Decree of Necessity and Urgency 260/2020 that President Alberto Fernández signed on March 12, 2020 established the public emergency in health matters due to Covid-19, so that the contracting of goods and services that are carried out in this framework can be processed by direct route.

More than a year passed and the time to plan prevention increased, but the use of this shortcut to hire was not reduced.

Among the provinces with almost 100% direct purchases and / or awards are Salta, Entre Ríos and Santiago del Estero, while Mendoza is responsible for the drop in this general average, since it used the mechanism of bidding, auctions and / or open competitions in 49% of purchases. It was the province with the greatest improvement in relation to 2020, when that figure was just 13%.

Access to information

If the level of access to information in the first Noise survey (purchases in 2020) is compared with that of the first quarter of 2021, the situation worsened.
According to the index prepared (in which 1 implies total public access to data and 4, no access), the general average of access to information in 2020 had been 2.3. But from January to March 2021, it fell 0.3 points to 2.6.

This is so because not only did the three provinces that keep secret data and do not respond to access requests (Tucumán, Salta and Santiago del Estero) remain the same, this time Santa Fe (provides negligible information) and Santa Cruz joined (He did not respond to any request for information).

Booze through the roof
In the case of the prices of chinstraps, ambulances and ethyl alcohol, in the first quarter of 2021 there were far fewer purchases of these products than in 2020.
Wide gaps in the prices paid for chinstraps were maintained, and there were no purchases of ambulances.

In the case of ethyl alcohol, the record paid for this element appears in a purchase from Chaco: 1,900 pesos per liter. This arises in a purchase made on March 30, 2021 (order number 1,865) from Ande Servicios SRL, for which units of 200 milliliters (at 70%) were purchased at 380 pesos, for a total of 91,200 pesos. The figure represents up to 10 times the market value.

It is not possible to have more details of this operation, since the province of Chaco did not respond to any request for access from Ruido.

The other element that appears in some surveys is the rapid test kits to detect the virus. There is a wide range of prices for the same product that goes from the 170 pesos that CABA paid, up to the 715 pesos spent by Mendoza.

Access the full report and the analysis of each province here.

 

Ruido survey authors:

Mariela Arias (Santa Cruz), María Ester Romero (Buenos Aires, Tierra del Fuego and CABA), Yamile González (Formosa), Gabriela Sánchez (Mendoza), Bárbara Maidana (Chaco and Sante Fe), Juan Manuel González (Córdoba), Natalia Buiatti (Entre Ríos), Gonzalo Guzmán (Transparent Jumps), Luis María Ruiz (Tucumán), Sol Minoldo, Julieta Fantini, Andrés Vázquez, Cristian Pérez, Sergio Carreras and Edgardo Litvinoff.
Graphics: Diego Forti. Network design: María Pía Reynoso. Networks: Daniela Reynoso. Development: Walter Kanqui.

Ruido Communication Channels:

http://elruido.org/
https://twitter.com/RuidoRed
https://www.instagram.com/ruidored/
https://www.facebook.com/ruidored/

More information:
Public procurement in a pandemic: a year of direct contracting and lack of transparency

Contact:

Nina Sibilla, ninasibilla@fundeps.org

,

We participate in the preparation of the general guidelines of the Yolanda law

From July 19 to 23, we participated in the meetings called by the Ministry of the Environment of the Province for the preparation of the general guidelines at the provincial level established in Law No. 10,758 of adherence to the Yolanda Law.

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

As ordered by Art. 3 and 4 of National Law No. 27,592, the Ministry of the Environment of the Province held a series of meetings in which various Civil Society Organizations of the Province participated. The objective was the preparation of the general guidelines on content to be dictated in the training aimed at people who exercise public functions in the three branches of the State.

The meetings dealt with various topics associated with the biodiversity axis, climate change, training in laws, among others. The space allowed each organization to give its point of view about the important issues and the modalities to be adopted.

The design of the law and its compliance by the authorities, allows and will allow the training of those who implement public policies on environmental matters, based on consensual content from the dialogue. Undoubtedly, citizen participation constitutes a fundamental pillar for any institutional architecture linked to the environmental issue, which must be reflected in a real and finished way at the moment of crystallizing state practice, in this case, mandatory training.

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

,

Strengthening other economies

Together with the Latin American Feminist Incubator, we advanced in the process of strengthening the self-managed and community organizations of the province of Córdoba that were selected after the call for scholarships.

“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 call for scholarships to strengthen self-managed and community organizations in Córdoba ended on May 14 with 67 registered organizations from across the province. The number of organizations that applied for this call reveals two trends. On the one hand, the large number of self-managed spaces of the Popular, Feminist, Ecological, Social and Solidarity Economy that exist in the province and that show that Another economy exists and is possible. However, and here is the other trend, the need for comprehensive public policies that promote them is notable.

All the spaces that were nominated show a diversity of organizational forms and self-managed activities that represent a great contribution to the community and local economies, which made the selection process an arduous instance full of reviews and discussions.

Following the selection and priority criteria announced in the call, we selected 7 beneficiary organizations for a total grant: Aquelarre VCP, Comadres, Mercado Coop, MEPA, Hacé Pinta, Mokitas and Alternativa Marginal. We will be working together with them until October in an intense strengthening process.

Between May and June, we began a diagnostic process that consisted of a self-diagnosis survey and then a personal interview with each organization to identify their perceptions and realities regarding the obstacles and particular strengths that each of them has identified. This stage is fundamental as it allows to recognize, project, and build an economic sustainability plan based on the own experiences, desires, needs, realities and expectations of each organization.

From July to September, we will advance with the strengthening process itself, consisting of a series of trainings, practical application workshops, personalized meetings with members of each organization, and mentoring. This stage is the central node of the strengthening process for the economic sustainability of these organizations. Throughout this stage, spaces for meeting and joint construction will be generated, sharing interests, positions, projects and knowledge, in pursuit of the economic sustainability of the selected organizations.

We hope that, through this project and together with the different self-managed organizations selected, we can advance in the construction, implementation and evaluation of tools for the diagnosis, planning and management of resources so that a self-managed space not only sustains itself financially but also collaborate in the sustainability of the lives of its members.

More info:

Contact:
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
Incubadora Feminista, hola@incubadorafeminista.com

,

Sergio Díaz-Granados was elected the new Executive President of CAF

On July 5, the Board of Directors of CAF – Development Bank of Latin America – elected Sergio Díaz-Granados as the new Executive President of the institution by majority, in a blended meeting held at the National Palace of Mexico. Colombian Díaz-Granados will take office on September 1, 2021 for a period of 5 years.

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

The Development Bank of Latin America, formerly known as Corporación Andina de Fomento (CAF), is a leading multilateral financial institution in Latin America whose mission, according to its website, is to support the sustainable development of shareholder countries and integration regional. Since 1970, the institution has served the public and private sectors, supplying multiple financial products and services to a wide portfolio of clients, made up of the governments of the shareholder states, financial institutions, and public and private companies.

CAF’s Board of Directors appointed Sergio Díaz-Granados as the institution’s new Executive President on July 5 at a blended meeting that took place at the National Palace of Mexico. In the election, the Colombian Díaz-Granados surpassed the Argentine candidate Christian Asinelli, current undersecretary of International Financial Relations for Development of the Secretariat of Strategic Affairs of the Presidency, who will occupy one of the vice-presidencies of the entity.

The election of the new president comes after the resignation of the previous Executive President, the Peruvian Luis Carranza, who retired from the entity a year before the end of his term amid allegations of abuse of power, forced resignations and strong internal in the multilateral credit organization.

Sergio Díaz-Granados, is a prominent lawyer who currently serves as Executive Director for Colombia in the IDB Group. He has an extensive career in public and private service, both nationally and internationally, with special emphasis on issues of development and regional integration. Throughout his career, Diaz-Granados has served as Minister of Commerce, Industry and Tourism of Colombia, Vice Minister of Business Development and President of the Boards of Directors of Bancóldex and ProColombia. He has also been a congressman and chairman of the Economic Affairs Committee of the House of Representatives.

More information:

Author:
Juliet Boretti

Contact:
Gonzalo Roza – Coordinator of the Global Governance Area
gon.roza@fundeps.org

,

Internal IDB evaluation raises the need for reforms in the operation of the MICI

On April 1, the Office of Evaluation and Oversight (OVE) presented an evaluation report of the Independent Consultation and Investigation Mechanism (MICI) corresponding to the period 2015-2020. The evaluation examined the Mechanism’s policy and its application, with the aim of informing the Boards of the IDB and IDB Invest on the extent to which the MICI has been an effective and efficient mechanism in the resolution of claims associated with environmental and social impacts of projects financed by 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 its report, the Office of Evaluation and Oversight (OVE) determined that the current MICI policy corrected important issues identified in its last evaluation of 2012. Among the main advances, it highlighted the solution to the problems of accountability and associated conflicts of interest. to the previous organizational structure, as well as the duplication problems of the eligibility instance; the establishment of deadlines for the management of requests; and the creation of instances for the participation of the administration. Likewise, he highlighted a greater consistency between the policy, the guidelines developed, and the associated processes.

The evaluation also highlighted the progress made in the internal functioning of the MICI, as a result of the restructuring of the mechanism, as well as the process of consolidation and institutional learning. The mechanism has been able to define its work plan and manage its human and budgetary resources independently of the IDB Group administration.

However, judicial exclusion, a key issue, remained pending. It is one of the exceptions of the internal policy to the eligibility of applications and establishes that those matters raised in an application that are being the subject of arbitration or judicial processes in a member country of the IDB Group are not eligible.

Although judicial exclusion was identified by OVE in 2012 as a limiting factor for the effective and independent functioning of the MICI, it was maintained in the reformulated policy in 2014. Likewise, there are other limitations that have emerged in the application of the policy in recent years. 5 years but that, to a large extent, have been paid for by the MICI. This shows that there is sufficient margin for the mechanism to manage the limitations of the current policy.

Access to the MICI

Regarding access to the mechanism, OVE identified that the MICI is not yet well known among applicants. Realizing that between the different institutional levels there is a lack of consensus on the importance of publicizing the mechanism and the way to achieve it. An issue that should not be overlooked, since access to the MICI depends on the knowledge that people have about the existence of the mechanism.
For their part, those who were able to access the MICI found that their applications were not registered due to the difficulty in complying with some requirements. In this regard, the IDB Group does not have a claims management system, which makes it impossible to know the number of concerns that the administration receives.

Case management

Regarding case management, although the MICI is operating in accordance with the principles established in its policy: independence, objectivity, impartiality, transparency and efficiency; Their ability to act independently is affected by being subject to the decisions of the Board of Executive Directors.

In accordance with its policy, the Board controls the possibility of initiating an investigation in the Compliance Verification Phase (FVO) and decides whether or not to approve the recommendations of an MICI investigation. Originally, the approval of the Board of Directors to continue with an investigation was thought as a short procedure but it has come to be conformed as a contentious procedure affecting the independence of the MICI.

Finally, many ongoing investigations have presented delays related to the complexity of the projects and themes. Complaints were also filed by the applicants about the length and slowness of the processes in the Compliance Verification Phase (FVO), which reduces the possibilities of effective redress.

Recommendations

After identifying the main difficulties in the current operation of the mechanism, OVE proposed a series of recommendations to be adopted by the MICI. Among the main ones, in the first place, the elimination of judicial exclusion and the strengthening of its internal capacities stand out. In turn, OVE highlighted the need to reinforce the independence of the mechanism and ensure the adoption of corrective measures when there are findings of non-compliance with the policies and related damages.

Remembering that one of the main objectives of the IDB Group is to improve the quality of life in the region, monitoring its policy is a key tool to guarantee compliance with socio-environmental safeguards and transparency in the development of projects. funded. If the recommendations made by OVE are applied, it would imply a declaration of commitment by MICI to the users, who, among other complaints, have systematically insisted on an improvement in the conditions for accessing the mechanism.

Based on this evaluation, one might wonder if the limitations of the current policy can be rectified by incorporating OVE’s recommendations or if these limitations, on the contrary, make a new comprehensive review of the policy necessary, a measure that has been ruled out by OVE until the moment.

At Fundeps, we consider that there are still many obstacles to overcome to guarantee an effective and independent action of the mechanism, especially regarding the need to nullify judicial exclusion. However, we highlight the importance of these types of entities that are beneficial for both the public and private sectors, and especially for the communities affected by IDB Group investments.

More information:

Authors:

Clara Labat 

Julieta Boretti

Contact:

Gonzalo Roza, gon.roza@fundeps.org