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IACHR alert: Argentina must uphold its gender policies to protect human rights

In a historic hearing, the IACHR was informed of the regression of gender policies and access to sexual and reproductive health in Argentina and the State’s failure to comply with its obligations. The economic justification of the cuts by the Government was not accepted by the Commission. Its President and the commissioners present affirmed the existence of gender violence and stressed the need for specific measures to address it. “What is not named does not exist,” they said.

“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 Commission on Human Rights of the Organization of American States (IACHR-OAS) summoned the Argentine State on Thursday, November 14, 2024, to its headquarters in Washington DC, to explain the serious regression in gender policies, in policies on sexual and reproductive rights and the lack of compliance with international commitments. Civil society organizations had requested the hearing in order to present evidence of this setback in the rights of women, girls, adolescents and LGBTIQ+ people in Argentina.

During the hearing, the commissioners asked the representatives of the Argentine Government present to provide answers regarding the coordination of public policies without a budget; to specify which programs are still in force and what measures they will take to strengthen the administration of justice in cases of gender violence. The Government did not respond to the Commission’s questions, nor did it mention how it will comply with its commitments. It only limited itself to recognizing the lack of budgetary attribution to these policies as an error and promised to make an addendum to the national budget.

Meanwhile, at the United Nations General Assembly, Argentina was the only country to vote against the prevention of violence against women and girls, with 170 votes in favour and 13 abstentions.

Civil society organizations urged the IACHR to recommend that the Argentine State adopt concrete policies that guarantee compliance with its international commitments and ensure the right of women, girls, adolescents, and LGBTIQ+ people to live free from violence and to guarantee access to sexual and reproductive health services. This hearing was an urgent call to action: our country must stop the dismantling of fundamental policies and resume its commitment to human rights, so that the basic rights of its citizens do not depend on regressive political decisions.

The voice of organizations

In their interventions before the Commission, Amnesty International, the Center for Legal and Social Studies (CELS), the Latin American Team for Justice and Gender (ELA), the Mujeres x Mujeres Foundation and the Foundation for the Development of Sustainable Policies (Fundeps) presented information that shows the serious setback in public policies aimed at addressing and eradicating gender violence, and guaranteeing access to health services, especially sexual and reproductive health.

“Since taking office on December 10, 2023, the current Argentine government has systematically attacked the rights of women, girls, adolescents, and LGBTIQ+ people. It dismantled successful public policies; it discredited, without evidence, the institutions responsible for guaranteeing them; it arbitrarily cut budget allocations and reduced the staff that supported the implementation of public policies through mass layoffs. With these actions, the State is violating current international pacts and treaties,” said Natalia Gherardi, Executive Director of ELA.

The situation is alarming: in the first quarter of 2024 alone, of the 2,462 women who applied for the Acompañar Program, only 434 received help. This represents a 98% decline compared to 2023, leaving women at extreme risk unprotected. In addition, the budget executed for these programs in 2024 only reaches 15%, directly and critically affecting women and diversities facing situations of violence.

Regarding the dismantling of public policies for access to sexual and reproductive rights, Lucila Galkin, Gender Director of Amnesty International Argentina, stated that “the purchase and distribution of supplies has been the responsibility of the National State since the creation of the National Program for Sexual and Reproductive Health in 2002, and by constitutional mandate the Ministry of Health of the Nation has the authority to govern public policy to establish a minimum level of rights throughout the national territory. However, suddenly and for the first time since then, the State has left the provision of supplies to the provinces, without any type of transfer or transition in order to avoid putting women’s lives and health at risk, which results in a context of absolute inequality.”

Contrary to fundamental international principles

The dismantling of public policies contradicts fundamental international principles and treaties such as the Belém do Pará Convention and CEDAW, which oblige the State to actively intervene. “These measures not only put the lives of women, girls, adolescents and diversities at risk, but also perpetuate structural discrimination based on gender and violate the international commitments assumed by the Argentine State in this area,” said Mayca Balaguer of Fundeps.

What is happening in Argentina has an impact beyond its borders. The lack of protection for women and people of different backgrounds in the country creates a precedent that could legitimize setbacks in other Latin American states, putting at risk the advances in human rights that cost a lot of effort to achieve. “Using the excuse of considering human rights as ineffective and ideologically driven, Argentina is moving away from its historical leadership role in the promotion of women’s rights, initiatives against gender violence, and the promotion and protection of sexual and reproductive rights,” said Juliana Miranda of CELS. The IACHR has repeatedly warned that setbacks in one country affect the entire region, weakening joint efforts to prevent and eradicate gender violence.

The organizations requested that the Commission carry out a visit to the country to observe the situation and prepare a report, given the seriousness of the setback. “We appeal to the IACHR’s commitment to urge the protection of the human right to live a life free of violence and discrimination for all girls, adolescents, women and diversities in Argentina,” concluded Soledad Deza, president of the MxM Foundation.

  • Watch the full hearing here.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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What can provinces and municipalities do to combat smoking?

Despite having the National Tobacco Control Law, Argentina faces challenges in addressing the tobacco epidemic in a solid and comprehensive manner. Although the Law is a valuable tool, it is not enough today to deal with the new strategies of the tobacco industry. In this context, the provinces have the opportunity to promote initiatives to complement it, improving health protection standards and tobacco control policies at the local level.

“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”.

Thirteen years have passed since the National Tobacco Control Law was passed, and although it has been an important starting point, in our country 22% of the adult population and 20% of adolescents still smoke, causing almost 43 thousand deaths a year. In addition, the tobacco epidemic costs the health system more than $1.5 billion pesos annually to treat related diseases, and what the State earns from tobacco taxes is not enough to cover even a fifth of this amount.

The National Law establishes the prohibition of smoking in closed spaces, establishes the obligation of health warnings on cigarette packages and determines certain restrictions on advertising, promotion and sponsorship of tobacco products.

However, it is insufficient mainly because:

  1. does not expressly include emerging products within its scope, such as electronic cigarettes and heated tobacco products;
  2. provides limited protection for smoke-free environments and
  3. establishes exceptions to the prohibitions on advertising, promotion and sponsorship.

This implies gaps and grey areas in important areas, which enable the tobacco industry to continue deploying all its marketing strategies, with the aim of normalizing addiction and attracting more consumers, especially children and young people. The most commonly used strategies have to do with advertising and displaying products at points of sale, promotion at mass events and on social networks, and the launching of new products.

It should be noted that, despite not being included as emerging products in the National Law, electronic cigarettes were incorporated into its regulations with Decree 602/2013, after having been totally prohibited by provision 3226/2011 of the National Administration of Medicines, Food and Medical Technology (ANMAT). Later, Resolution 565/2023 also prohibited the import, distribution, marketing, advertising or any form of promotion of heated tobacco products. However, this has not managed to prevent the marketing and increasing consumption of these products, especially among adolescents and young people.

In this context, it is urgent to update, strengthen and expand the existing tobacco control regulations. The National Law must be reformed to achieve greater scope and completely prohibit the industry’s new marketing strategies. However, it is not only the National State that has the responsibility of protecting the health of the population. Provincial States also have a crucial role in the design of public policies that protect health, and can implement effective and comprehensive measures to combat smoking.

In different parts of the country, there are several initiatives promoted by the provinces to complement the National Tobacco Control Law, even advancing in what this law left out and in the grey areas that the tobacco industries have taken advantage of.

These advances occur mainly in three crucial areas:

  1. Incorporating emerging products into laws
  2. Total ban on advertising, promotion and sponsorship, including display at points of sale.
  3. Expanding protection for smoke-free environments.

The inclusion of emerging products in subnational tobacco control regulations is a strategic step to, on the one hand, consider and strengthen in the provinces the protection standards that arise from the national legal framework, in particular provision 3226/11 and Resolution 565/2023. And, on the other, to ensure that the battery of measures provided for traditional cigarettes is also applied to emerging products, especially marketing restrictions and protection of smoke-free environments.

The total ban on advertising that includes the display of products at points of sale is a fundamental measure, since the National Tobacco Control Law expressly authorizes tobacco companies to carry out promotional and advertising actions in these places. Due to their high attendance, they are strategic for exposing people to images and messages that position the habit of smoking as something familiar and attractive. Taking advantage of these legal exceptions, industries have redirected their multi-million dollar investments in marketing – which increase year after year – towards these spaces.

Finally, extending the protection of smoke-free environments means reducing exposure to second-hand tobacco smoke as much as possible, since it is also a risk factor in the development of chronic non-communicable diseases. In this context, extending this protection to all closed public spaces, including work, cultural and sports spaces, transport stations, public and private health and educational institutions, is essential. Also, extending protection to play and recreation areas for children, aerobic stations and other areas for practicing sports in public squares, parks and promenades, becomes key to protecting the health of the population, specifically children, adolescents and young people.

The provinces in action

Over the past 12 years, there has been progress in the approval of subnational regulations that are worth highlighting. La Pampa, Tierra del Fuego and Córdoba managed to approve more comprehensive tobacco control regulations, while provinces such as Entre Ríos and Mendoza, while improving their protection standards, did so only in relation to a specific area of ​​regulation.

La Pampa

La Pampa was a pioneer in expanding the provisions of the National Tobacco Control Law on the prohibition of advertising. Thus, in 2012, it passed Law No. 2,701, which prohibits:

  • All types of direct and indirect promotion and advertising of tobacco products, regardless of the means of dissemination.
  • To the industry, sponsor events and participate in them with advertising clothing.
  • Consuming tobacco products in any enclosed space, whether public or private, and also in any area of ​​health care and educational establishments.

In turn, in 2021, Law No. 3392 included within its scope all electronic devices with or without nicotine administration, and those developed in the future. In this way, the definition of “tobacco consumption” also covers these emerging products. In addition, the display of all products at points of sale was prohibited.

Tierra del Fuego

In 2017, Tierra del Fuego amended its Provincial Tobacco Control Law through Law 1,203. This law completely prohibits advertising, promotion and sponsorship of tobacco products, including the display of products in places of sale. The law also specifically covers electronic cigarettes and heated tobacco products, applying the entire regulatory framework for traditional cigarettes to them.

Córdoba

In 2019, Córdoba approved Law 10,661, which expands Law No. 9113 of the Permanent Provincial Program for the Prevention and Control of Tobacco Use. This regulation contemplates:

  • A complete ban on advertising, promotion and sponsorship of tobacco products, including display at points of sale.
  • Restrictions on electronic cigarettes and similar devices are now being brought into line. Their use in closed spaces and sale to minors under 18 years of age are also prohibited.

Entre Ríos

This province took legislative measures to combat smoking by adhering to the National Law in 2021 and thus repealing Provincial Law 9,862 on Tobacco Control. In this way, the protection of smoke-free environments was improved, while 9,862 contemplated exceptions and allowed smoking in gambling halls.
In turn, this regulation expanded its scope to include not only products made wholly or partially from tobacco, but also electronic devices with or without nicotine administration.

Mendoza

In May 2024, Mendoza incorporated Article 1 bis to Law No. 8382 on adherence to the National Tobacco Control Law, which establishes a ban on smoking in the rooms, balconies and terraces of casinos, expanding the scope of smoke-free environments.

We need better laws and more oversight

In recent years, many provinces have introduced bills to restrict tobacco advertising, expand smoke-free environments, and regulate emerging products. These efforts reflect a continuing commitment to improving the health and quality of life of citizens.

In this context, civil society values ​​the laws passed, as well as the various projects presented, and encourages that these advances at the subnational level be taken from a comprehensive perspective. In this sense, we consider it essential that a single legal instrument can advance with improvements in at least the three aspects mentioned, to achieve a synergy between all the proposed measures, which facilitates their implementation and, above all, contributes to a more effective approach to the tobacco epidemic.

We also understand that issuing regulations is not the only solution if we want to achieve an effective approach to this problem in the country. Adequate oversight and sanctions for non-compliance with the laws are essential for tobacco control policies to have a real impact.

The industry constantly exceeds the prohibitive rules on display at points of sale. It also violates the advertising ban by using shelves and illuminated signs visible from outside the premises, which easily attract people’s attention.

Smoke-free environments, on the other hand, are not always respected, especially in bars and dance clubs. Also, emerging products are often used in these closed spaces, demonstrating the lack of awareness about their dangers. Given this situation, we need to ensure the proper implementation of existing regulations, improving the mechanisms of oversight by the State and facilitating the avenues for citizen complaints.

As can be seen from the examples mentioned, the fight against smoking is not only about complying with the national legal framework, but there are options to go further by taking proactive and comprehensive measures. In this way, we encourage the involvement of all social and political actors so that more and more provinces commit to improving their tobacco control policies, to protect the health and quality of life of their entire population.

Provinces have the power, but also the responsibility, to promote and implement better strategies to combat smoking.

 

Check out the infographic on what provinces can do to stop the spread of smoking here.

 

More Information

Author

Clara Díaz Yofre 

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

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Children in Danger: Argentina’s Insufficient Response at UN Hearings

During the hearings of the UN Committee on the Rights of the Child, held on September 2 and 3, 2024, Argentina participated virtually, which generated criticism of its commitment. Among the main concerns raised were the growing child poverty and the proposal to lower the age of criminal responsibility. The absence of clear responses from the State on issues of institutional violence and the lack of resources for child protection institutions were also questioned.

“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”.

Context: The Review of Compliance with the Convention on the Rights of the Child

The hearings of the UN Committee on the Rights of the Child are a crucial instance for monitoring the implementation of the Convention on the Rights of the Child (CRC), which all States Parties must comply with. Every five years, countries submit a report on the situation of the rights of children and adolescents (NNA), and their progress in the protection of these rights. This process includes not only the official report of the State, but also the “shadow reports” of civil society organizations and documents from independent experts, which offer a critical and detailed view of the reality in each country.

During the recent sessions held on September 2 and 3 in Geneva, Switzerland, Argentina participated virtually, which generated concern and questions regarding its commitment to this international body.

Key findings from Argentina’s participation

  • Virtual participation: a worrying sign

The absence of Argentine representatives in Geneva and the virtual participation of the State was one of the most criticized points during the sessions. This fact is not only symbolically negative, but also limits the quality of dialogue and interaction between the Committee and state representatives. The lack of presence was repeatedly regretted by members of the Committee, pointing out that Argentina had historically been a country committed to being present at these instances.

  • Child Poverty: An Ignored National Emergency

During the hearings, it became clear that several key aspects of the protection of children’s rights have suffered significant setbacks. Among the most alarming, the high rate of child poverty stands out as a central issue.

Hynd Ayoubi Idrissi, an expert of the Committee and coordinator of the Working Group for Argentina, was one of the main voices to point out that “more than seven million children live in poverty”. In a similar intervention, Luis Pedernera cited data from UNICEF, stating that 7 out of 10 children in Argentina live in poverty. He also criticized the response of the Argentine State regarding the increase in the budget allocated to children, pointing out that this increase was absorbed by inflation.

According to a report by ACIJ (Civil Association for Equality and Justice), it is highlighted that in the first six months of 2024, more than 1.5 million children became poor and almost 1.9 million became destitute. The main budget cuts have affected key areas such as Food Policies, with a 29% reduction, and 20% less in the Food Benefit, leaving the 48% increase in the AUH insufficient. In Education, the budget has fallen by 43.7%, impacting quality and coverage. In Health, the Life Course Approach program, vital for children, suffered a 50% cut compared to 2023 and is 12 times smaller than in 2021. Progresar Scholarships, construction of kindergartens and school infrastructure were also cut, with some programs eliminated or severely reduced.

According to the National Constitution and Law 26.061, the Argentine State has the duty to ensure sufficient resources to guarantee the rights of children and adolescents. This includes social protection, health and education, with the obligation not to reduce investment compared to previous years. The current economic crisis requires urgent action to increase funding and ensure decent conditions for the comprehensive development of minors. Law 26.061 requires the allocation of resources in a privileged manner (art. 5) for children and adolescents and establishes that “the budgetary provision may in no case be less than the highest provision or execution of previous years” (art. 72).

  • Criticism of the proposed law to lower the age of criminal responsibility

A point of great controversy was the bill that seeks to lower the age of criminal responsibility, in direct opposition to the Committee’s previous recommendations in 2018. The insistence on this proposal seems to respond more to a punitive approach than to preventive measures or those that seek to protect and accompany children and adolescents in conflict with the criminal law, which generates significant concern about the future of adolescent rights in Argentina.

Furthermore, the measures proposed by the State seem to be aimed at penalizing poverty. In our region, juvenile delinquency is closely related to the unequal distribution of wealth and its impact on the labor market. There are many cases where young people in vulnerable situations find themselves in a situation of delinquency due to the lack of alternatives and opportunities that help them escape this situation. It is essential to implement policies that accompany, listen to, and protect adolescents; filling detention centers or residences is not the solution, since they often face conditions of vulnerability similar to those experienced on the streets.

The Argentine State has a debt to these young people. What is being done for those who are not receiving preventive measures? What can be done to protect and accompany them? Do the children and adolescents have someone who listens to them and understands their needs?

  • State’s inability to respond to key issues

Several critical issues remained unanswered by the Argentine delegation. These included institutional violence against children and adolescents and the reduction in child vaccination coverage. In addition, the Committee questioned the lack of guarantees regarding the continuity of key institutions such as the Office of the Ombudsman for Children and the reduction of other entities essential for child protection.

In its conclusions, the UN Committee expressed its “serious concern about the institutional and political changes proposed from the end of 2023, and the impact they may have on the protection of children’s rights, including: the reduction, merger and elimination of ministries, and the replacement of the National Secretariat for Children, Adolescents and Family (Senaf) by a new, lower-ranking undersecretariat”, questioning whether this new entity will have the necessary and sufficient resources to fulfill its function.

On issues of institutional violence and discrimination, especially towards migrant children, the State has failed to offer satisfactory responses. This silence is particularly alarming considering the stereotypical discriminatory perceptions fostered by some media outlets, which perpetuate the marginalization of these communities.

  • Underfunding of the ENIA Plan

Finally, the lack of funding for the National Plan for the Prevention of Unintentional Pregnancy in Adolescence (ENIA) was another issue of great concern. This plan had achieved a notable decrease in teenage pregnancies in the most affected provinces of the country. Its closure not only represents a setback in the health and sexual and reproductive rights of adolescents, but also exposes this vulnerable population to greater risks in an already adverse context.

Current situation of Argentina before the UN and next steps

Following these hearings, Argentina’s situation before the UN is worrying. The lack of in-person presence, combined with the setbacks seen in critical areas such as child poverty, institutional violence and the lack of protection of children’s rights, places the country in a vulnerable position vis-à-vis international organizations.

The Committee on the Rights of the Child will continue to closely monitor the situation in Argentina, and the State is expected to respond to the observations and recommendations with concrete and effective actions. The role of organizations such as Fundeps will continue to be crucial in ensuring that the rights of children and adolescents are not relegated from the public agenda.

 

Author

Melina Terreno

Legal Department Contact

María Luz Baretta, luzbaretta@fundeps.org

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We want San Roque Lake clean now!

At Fundeps we have been working since 2009 for the right to a healthy environment. We understand the environment from a comprehensive and broad perspective that includes the interaction between natural common goods and society. From this perspective, we are concerned about the province’s water, so in this note we will tell you chronologically about the actions we are carrying out in the search for solutions for a healthy San Roque lake.

“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 2020, we carried out a Situational Diagnosis of Córdoba’s Water Resources: Lago Los Molinos and Lago San Roque, with the aim of analyzing the state of the main basins in the province, fully understanding the problem and analyzing possible courses of action.

The San Roque Lake Basin is in an extremely serious situation due to its advanced state of eutrophication. This means: the proliferation of algae in fresh water as a result of an excess of nutrients, particularly phosphorus; this natural process is exacerbated during hot weather. The situation is mainly due to the lack of sanitation in the Punilla area, a deficient sewage system, lack of control over discharge authorization, degradation of the lake, fires, deforestation, among others. With this basis, we carry out negotiations with decision-makers with the aim of undertaking actions for its remediation.

The pollution of the San Roque Basin not only puts at risk the health of people who are directly or indirectly in contact with the basin, but also affects the quality of life, the landscape, regional economies and the biological diversity of the province.

As we did not receive any positive responses from the provincial administration and as a last resort, in November 2022 we filed a Collective Environmental Protection action suing the Province, the communes and municipalities that make up the San Roque Lake Basin, the Provincial Administration of Water Resources of the Province of Córdoba (APRHI), the Ministry of Public Services of the Province of Córdoba, and the Secretariat of the Environment of the Province of Córdoba (now Ministry). Check out the timeline of the case here.

In the writ of amparo we ask the courts, among other measures, to gradually cease polluting activities such as dumping hazardous waste, sewage, and industrial waste; to order the defendants to build, complete, or expand the necessary sewage works, and to create an autonomous and self-sufficient River Basin Committee, made up of the various stakeholders in the river basin. We also request various precautionary measures such as the suspension of any authorization to carry out untreated dumping, the creation of a temporary management plan, and the design of a risk communication plan, among others.

In March 2023, the Third-Party Administrative Litigation Chamber partially admitted the requested precautionary measure and ordered the Government of Córdoba to prepare and present a provisional Sanitation and Sustainable Development Plan within 60 days.

The province appealed this resolution and simultaneously presented a plan that does not comply with the resolution. The plan presented has serious deficiencies: it does not stipulate deadlines, budget, or agencies in charge of execution. In addition, it is a plan that greatly exceeds the limits of the precautionary measure since it was designed to be executed within a period of 15 years. We at Fundeps made various observations. To date, the intervening Chamber has not yet issued a ruling. We consider that the design of an environmental management program of such impact and temporal extension, which involves present and future generations linked to the San Roque Basin, must necessarily be designed in dialogue with the population and that the future of the basin cannot be decided in the limited period of 60 days.

Currently, the judicial process is still ongoing and in the meantime the province, the Ministry of Environment and the Basin Authority (created in November 2023 by law 10,941) are carrying out insufficient cleanup actions: they are the same ones that have been carried out for years and that have not prevented the current contamination situation.

In the face of the summer season, with very high temperatures, thousands of hectares recently burned and a deep drought, we believe that it is time to demand actions that lead to different results that transform the management of the basin and promote real change. It is a key moment to request citizen participation in the design, execution and implementation of public policies aimed at the sanitation of the basin.

 

Your participation is key to achieving the cleanup of the basin. SIGN HERE!

 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

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(Re)ordering the territory: Escazú and citizen participation

In an effort to promote the effective implementation of the Escazú Agreement at the local level, Fundeps held three meetings during the month of August, aimed at the Urban Planning Department of the Municipality of Córdoba. These training sessions focused on strengthening competencies in environmental law and the rights of access to information, participation and environmental justice, essential for sustainable urban planning.

“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 target audience of these meetings were members of the Secretariats of Urban Development, Regional Integration and Institutional Linkage, and Smart City of the Municipality of Córdoba. The main objective was to provide the necessary tools to understand and apply the Escazú Agreement in the urban planning policies and practices of the city.

The first two workshops focused on theoretical and specific aspects of minimum budget laws and the Escazú Agreement. For the last meeting, we placed special emphasis on citizen participation. During this session, we explored various models of successful citizen participation, both at the national and regional level, highlighting practical examples that have been implemented in different cities in our country, as well as in Latin American countries and localities in Europe.

We proposed discussions on cases where active citizen participation has resulted in significant improvements in urban planning and management, highlighting how these inclusive processes can be adapted to our city. In addition, we analyzed the tools and mechanisms available to facilitate citizen participation in decision-making, emphasizing the importance of transparency, effective communication, clear language and building trust between municipal authorities and citizens.

We continue to work for the full and effective implementation of the Escazú Agreement at the local level. The Agreement is a fundamental tool for the protection of the environment and of human rights defenders in environmental matters.

If you want to learn more about the Escazú Agreement, visit our website: https://acuerdodeescazu.org/

 

Authors

Lourdes Zanotti

Federico Marengo Ligoria

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

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A decree cannot limit access to public information

The undersigned organizations express our concern about Decree 780/24 with which the National Executive Branch attempts to restrict the right of Access to Public Information.

“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”.

A regulatory Decree cannot limit the right of access to public information in contradiction with the scope of the Access to Information Law itself, voted by the National Congress in 2016.

The exceptions established by Law 27,275, which allow the State to refuse to provide the requested information, are far from what is regulated by the National Executive Branch. The aforementioned Decree expands the information that is outside the public interest, expands secrecy and provides discretion by leaving in the hands of public officials the definition of what is a public document and what information can be considered part of the private sphere of the authorities, giving them special protection.

Decree 780/24 represents a serious regression in the interpretation of the right of access to information in light of international standards on human rights and the fight against corruption, and creates a discretionary regulatory framework whereby the political definitions of the government and the subjective decisions of officials take precedence over the right to access information in the hands of the State.

We request the National Executive Branch to repeal this Decree and guarantee full access to public information.

 

Acción Colectiva – ACIJ – Alianza Regional por la Libre Expresión e Información – Amnistía Internacional- Andhes – Anima Chicos – ARPIAS (Salta)  – Asuntos del Sur – CADE – CAIP – Campaña por el Aborto (Salta) – CAREF – Carrera Comunicación (UBA)  –  CECIM (La Plata) – CEG (La Plata) – CELS – CEPPAS – CIDC – CIPCE – CIPPEC –  Clínica Jurídica de Acceso a la Información (UNLP) – Comunicación para la Igualdad – Conciencia – Consciente Colectivo – Democracia en Red – DEMOS – Directorio Legislativo – ELA – Escuela de Fiscales – FADECCOS – FARN – FATPREN – FEC – Festival Cine a la Vista – FIC – FOCIS (Salta) – FOPEA – F. para el Desarrollo Humano Integral – FUNDAR – FUNDEPS – Gestión Nativa –  Hora de Obrar – Huésped – ILSED – Incidencia Feminista –  INECIP – Khuyay – La Casa del Encuentro – La Fuerza de las Mujeres – Minka Digital – Mujeres en Igualdad – Mujeres por la Igualdad de Oportunidades – Mundosur – Nuestra Mendoza – Obs. de Just. Sanitaria y Climática Latam. – Patagonias.org – Periodistas Argentinas – Poder Ciudadano – RAAC – Red Ciudadana Nuestra Córdoba – REDCOM  – Red Par – Red Ruido – RIPVGAR – Salta Transparente – SES –  Sipreba – Unión Inquilinxs (Salta) – Vía Libre – Xumek

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

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

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

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

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

For his part, Manuel García-Mansilla holds an ideological position that could affect the defense of human rights and the international commitments assumed by our country. During his career, he has questioned the hierarchy of international human rights treaties signed and ratified by Argentina. She has also expressed her opposition to the right to abortion, even in cases where the pregnancy is the result of rape. Its incorporation into the highest body of justice of the Nation implies a serious risk for the guarantee of the rights of women and pregnant people.

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

Furthermore, on this occasion some organizations sent questions and concerns for the candidates to answer publicly, as enabled by the procedure of the Upper House.

The questions presented to García Mansilla include: How do you justify your candidacy to the Supreme Court in a context where equal gender representation is required and your appointment would perpetuate the underrepresentation of women on the court? What concrete actions have you taken to advance women’s rights and diversities in your career? While the questions asked to Lijo were: How can her candidacy contribute to equitable gender representation in the Supreme Court of Justice of the Nation? How do you guarantee transparency and ethics in your judicial decisions?

In these contexts, we believe it is essential that the Senate consult the candidates along the lines expressed here, as well as investigate in detail the crucial points that we have noted in our challenges.

We demand that the Senators rise to the occasion, and NOT agree to the approval of these candidacies in defense of Human Rights and the highest values ​​of justice.

Ícono de validado por la comunidad
Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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The IDB approves a New Access to Information Policy

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

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

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

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

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

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

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

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

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

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

 

More Information

Contact

Gonzalo Roza, gon.roza@fundeps.org

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

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

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

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

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

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

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

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

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

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

 

More Information:

 

Contact:

María Laura Carrizo, lauracarrizo@fundeps.org

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

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

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

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

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

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

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

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

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

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

 

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

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

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

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

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

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

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

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

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

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

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

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

 

Organizaciones firmantes:

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

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

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

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

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

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

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

How does the situation influence?

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

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

A bilateral relationship of a strategic nature

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

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

 

 

Contact

Gonzalo Roza, gon.roza@fundeps.org