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We demand participation and transparency in the change of direction of the MICI

Before the departure of the current Director of the MICI, Victoria Márquez Mees, at the end of June, a group of civil society organizations requested, through a letter sent to the IDB Executive Board, the inclusion of interested parties and the transparency in the selection process of the new Director of the Mechanism.

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

On June 30, the current Director of the MICI, Victoria Márquez Mees, ends her term as head of the IDB accountability mechanism, a post she has held since 2015. In this way, the IDB is beginning the selection process from the new Director, therefore, together with a group of civil society organizations, we sent a letter to the Bank’s Board of Executive Directors requesting the inclusion of civil society and interested parties in said selection process. It should be noted that the last selection process carried out by the Bank was not very transparent and did not include civil society or other external stakeholders.

In line with the above, we recommend that the Bank create opportunities and encourage the participation of civil society and external stakeholders in the selection process. Especially considering that the MICI policy establishes that the Board will convene a selection panel to identify candidates. Furthermore, the inclusion of external stakeholders in the process of selecting the Director of accountability mechanisms is a good practice carried out by various international financial institutions such as the European Bank for Reconstruction and Development, for example.

In line with the process of changing the mechanism’s direction, on June 12, together with a group of civil society organizations, we sent a second letter to the IDB requesting that the External Consultative Group -GCE- of the MICI be part of the process of selection. The participation of the CME will bring greater transparency to the process since the members of the Group are interested parties in the Bank who have knowledge about the region, the operation of the MICI and on issues related to transparency, sustainability and accountability. In addition, the inclusion of CGE members in the selection process means reporting your experience and qualified perspectives on the legitimate topic and the selection process and identifying the best possible candidate.

More information

Contact

Gonzalo Roza, gon.roza@fundeps.org 

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We have an Ombudsman and she is a feminist

Last Wednesday, May 27, in the midst of the health emergency affecting Argentina, the bicameral commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitization approved the appointment of journalist Miriam Lewin for the position Defender of the Public of Audiovisual Communication Services and only remains to be endorsed by those who preside over both houses, Cristina Fernández de Kirchner and Sergio Massa. The position was created by the Media Law and remained headless during the previous government’s term.

“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 political and economic instability that has been experienced in the country in recent years has led to a mismatch in regulatory agencies, which has resulted in difficulties in the normal functioning of the agencies responsible for directing and executing public gender and communication policies.

This situation exposed society to violations of their rights. Especially if we bear in mind that the media and advertising agencies are essential actors in content development. They hold a power not only commercial or as cultural institutions, but are considered as opinion formers, producers, reproducers and transmitters of values, stereotypes, meanings and common sense, while determining what is considered relevant, normal , debatable and socially accepted or rejected.

Actors who have a monopoly on the media and content production systematically legitimize gender inequalities through the content they disseminate. For this reason, it is necessary to demand that the State guarantee the effective use of public policies that ensure respect for human rights, democratization of the media, that promote equality and that eliminate discrimination. Not only to overthrow the violence and the reproduction of stereotypes and gender violence that are perpetuated within the contents that are circulating, but also for the elimination of structural inequalities in the work spaces of this industry that mostly affect women.

Thanks to the feminist struggle and its agenda, gender-based violence is no longer tolerated today and as a result of the complaints they managed to create a legislative framework in which Media and Symbolic violence is contemplated. The Audiovisual Communication Services Law and the Comprehensive Protection Law to prevent, punish and eradicate violence against women in the areas in which their interpersonal relationships are developed have the goal of protecting and safeguarding the rights of women and LGBTQ + people. In addition, state agencies such as ENACOM, the INAM Observatory of Media and Symbolic Violence (now absorbed by the new Ministry of Women, Genders and Diversity), the Public Defender, INADI and the Office for the Monitoring of Publication of Sexual Trade Offer Notices.

Who is Miriam?

Miriam Liliana Lewin is an investigative journalist with an extensive career in television, radio and graphics, including work on Telenoche Investiga, Todo Noticias, Radio Nacional and América TV, among others. She was nominated seven times for the Martín Fierro award on radio and television.

She was a member of the Peronist left during the 1970s and was detained in the Virrey Cevallos clandestine detention center and in ESMA during the last civic-military dictatorship (1976-1983). In 1985 she was a witness in the Trial to the Boards, continues to declare in cases related to crimes against humanity in Argentina and is an active activist for human rights and in the struggles of the feminist movement.

As a writer, her literary works include “Ni putas ni guerrilleras” (co-authored with Olga Wornat) on sexual crimes in clandestine detention centers during the last military dictatorship. It had its first edition in 2014, pre #NiUnaMenos, #MeToo and debate on abortion, and is an indicator of interest and conviction in the feminist agenda.

On several occasions, she has expressed her affinity with the feminist movement, participating as a speaker in talks on abuse and power in society, or referring to the Women and Dissidence meeting, which is held every year in La Plata, highlighting the significant growth and importance of the women’s movement, the green, violet tide and the groups that fight for rights in the country.

In dialogue with TN, Lewin promised “to carry out a democratic and participatory management, with open doors for both communicators and all sectors that feel their rights violated in this special reality. The Ombudsman does not have punitive functions. It is that all those involved in the phenomenon of communication can be represented on the media map. To extend the rights of all and always respecting freedom of expression. “

Today more and more discriminatory discourses are questioned by society and in this line, the appointment of Miriam Lewin constitutes a hopeful message regarding the fight against media violence that affects, mostly, women and people belonging to the LGTBQ + community.

Author 

Irene Aguirre
Sofía Mongi

Contact

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

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Public procurement in a state of emergency: how to guarantee transparency and prevent acts of corruption?

From the Network of Organizations Against Corruption (ROCC) we published a document that compiles information on what public procurement is like at the national level, in the Autonomous City of Buenos Aires and the provinces of Buenos Aires, Córdoba, Mendoza and Salta during the state of emergency. In addition, recommendations are proposed to increase transparency and accountability in processes.

“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 declaration of the health emergency in relation to COVID-19 implies facing both economic and social consequences, which impact on the use of public resources that the State has in order to meet urgent needs. Therefore, it is necessary to place special emphasis on the public procurement system in a state of emergency to publicize the traceability of how goods and services are acquired.

The publication “Public Procurement in Argentina during the state of emergency” compiles the regulatory information and information on the availability of purchasing and contracting, at the national level and in some of the provinces, including Córdoba; It also proposes recommendations for efficient, transparent and corruption prevention recruitment processes.

In general, the purchasing and contracting systems have deficiencies even during periods outside an emergency context, so it is in this type of situation that the manipulation of information and the use of extraordinary budgets can be most discretionary. When these resources are not intended for their original purposes, but diverted or misused, the rights of citizens are violated.

The Network of Organizations Against Corruption, based on the survey carried out, draws up a series of recommendations (available here) for public procurement for all levels of government carried out in the context of an emergency.

During the context of an emergency, an adequate exercise of public spending becomes particularly relevant, since otherwise it hinders and prevents people’s access to the exercise of their essential rights. It is essential to guarantee the functioning of the institutions and control systems of the financial administrations to ensure the correct use of public funds. In this way, public procurement systems must tend to satisfy the greatest number of rights, be efficient in the expenditure made and transparent in all its stages.

What is the situation in Córdoba?

Córdoba declared on March 9 the state of alert, prevention and sanitary action in the detection of cases of dengue, coronavirus, measles and any other edition of disease with high sanitary and social impact that may cause outbreaks and epidemics that affect or may affect the province of Córdoba, and adhered on March 18 to the public emergency in health matters declared by the national state through decree No. 260/2020 for a period of one year from March 12, 2020.

For the purposes of crisis management, the government of the province of Córdoba created the “Fund for the attention of the state of alert, prevention and health action for epidemic diseases” and for the purposes of the operation of this Fund, Córdoba referred to the measures that in 2015 and 2016 were arranged to deal with the massive floods that occurred in various towns in the province, at which time a “Permanent Fund for Disasters” was created.

In terms of purchasing and contracting, Córdoba did not issue specific rules that regulate the procedures that are carried out during the emergency period. As far as law 10,155 is applied, which enables in its article 10 direct contracting in the event of “existence of manifest urgency and / or imperative need in the contracting of a good or service”, which is why most of the contracting carried out during this period they have been under this modality.

To access the specific recommendations of the province of Córdoba click here

Contact

Nina Sibilla, ninasibilla@fundeps.org

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Report on Climate Change and the Rights of Women, Indigenous Peoples and Rural Communities in the Americas

Together with other civil society organizations in Latin America, we prepare a report addressing the problem of Climate Change, its effects and impacts on human rights from the regional context. This was then presented to the Inter-American Commission on Human Rights during the 173rd session.

“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 report, prepared collaboratively with 16 Latin American civil society organizations, analyzes the existing problems surrounding the effects of climate change. In particular, the impact that the phenomenon has on the human rights of millions of people worldwide is examined. Its consequences cross and violate the right to life, health, water, and a healthy environment, in turn affecting many others due to the interdependence between all of them.

Likewise, the differentiated impact to which certain groups and communities in vulnerable situations are subject, such as those who belong to Indigenous and tribal peoples, children and adolescents, women and members of rural communities. Those who make up these groups, due to their particular circumstances, suffer more intensely from the harmful effects of climate change, consequently, their situation of vulnerability worsens.

In this document, we also examine the scope of measures necessary to prevent and deal with such consequences. For this, it is essential that the States implement mitigation and adaptation measures, as well as measures that provide for the repair of losses and damages caused. In this context, the report analyzes the obligations and responsibilities that both state and non-state actors have, in order to achieve complete respect for human rights. Finally, the document contains some recommendations based on the international human rights system.

The role that each actor occupies around the problem calls for a differentiated action. The States, Companies, Financial Institutions, and International Organizations must implement actions and measures that respect human rights in a context of climate emergency.

Download Report (Spanish version Only)

Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Not one less. We move in (the) networks.

Five years ago, on June 3, 2015, after the news of the femicide of Chiara Páez and in the face of extreme sexist violence, we took to the streets and banded ourselves under the “Not a Less”. For this year, one of the slogans is “We are supported by feminist networks”. In the context of social isolation, various virtual activities will take place.

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

This slogan represents the fight against the most extreme consequence of sexist violence: death. According to official data, prepared by the Women’s Office of the Supreme Court of Justice of the Nation, in 2018 there were 255 direct victims of femicides. These reports are based on data from the previous year and the methodology consists of statistically analyzing the judicial cases in which violent death due to gender is investigated. According to the 2019 report, there were 268 direct victims of femicide and femicide victims and 5 transvesticides and transfemicides in Argentina.

You can also find current data that is produced by various social actors. The observatory of gender violence “Now that they see us” reported that as of April 30 of this year, 177 femicides had occurred.

In the context of a pandemic and taking into account the social scenario against the measure of Preventive and Mandatory Social Isolation (ASPO), the Adriana Marisel Zambrano Femicide Observatory of the Casa del Encuentro decided to relieve and publicize the number of women murdered since the 20th of March. As of May 28, during ASPO there were 57 femicides and linked femicides of women and girls. The data reveals that 1 in 6 victims had previous complaints, that 71% were murdered in the home and 65% of the aggressors were partners or ex-partners of their victims.

For her part, the Minister of Women, Genders and Diversity of the Nation told the Télam Agency that during ASPO calls for consultations to 144 increased by 40%.

Particularly in Córdoba, the Judiciary informed that since the extraordinary recess was declared, as of April 30, the Courts specialized in family and gender violence issued 1803 orders to restrict contact between the aggressor and the victim and 471 exclusions from the home to the aggressors.

Now how do we read this data? Male violence finds its source in gender inequality and its most extreme expression in the high numbers of complaints of violence and femicides. Added to this, the context of social crisis, deepened by the pandemic and the tool of social isolation, intensify the conditions of vulnerability of people living in contexts of gender-based violence.

The figures, the claims and the vulnerability are an alarm call to put in check the strategies that the State develops in the face of male violence. A few days ago, it was announced that the Network of People Crossed by Femicide and the team of litigation on Human Rights Justice and Reparation made a presentation before the Committee for the Elimination of Discrimination against women (CEDAW) for the case of the femicide of Florence Bathrobe. What is raised in the case, as reported, is the lack of protection and access to justice, by the Argentine State, in a context of gender violence.

In this scenario and as an achievement of the pressure exerted by the feminist movements, Tucumán adhered to the Micaela law. At the national level and in all provinces, mandatory training and awareness-raising on gender and gender-based violence for all persons in public service at all levels and hierarchies of the three branches of the State now governs. Micaela’s memory and many others demand that this law is not just one more box to complete. The gender perspective in public policies, norms, and access to justice must force the visibility of existing inequalities and generate strategies to make gender equality real and structural. For this, it is necessary to allocate the necessary budget and the political will to deepen structural changes.

As long as the old mechanisms of patriarchy continue to function, feminist movements will continue to raise flags on the streets and in (the) networks.

Author

Ivana Sánchez

Contact

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

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Trunk Gas Pipelines and the difficulty of accessing public information in the province

On the occasion of the completion of the Trunk Pipeline Work in the province of Córdoba, last year we made 5 requests for information to provincial agencies. When we did not get any response, we presented a prompt dispatch to the Ministry of Environment and Climate Change. The difficulties we have encountered in accessing information about this project have been constant since its inception.

“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”.

Since 2014, we have made various requests for information on this emblematic project to both the Provincial Government and the National Government. On the occasion of the project’s completion, last year between August and October we made a series of requests for information to three departments of the Province of Córdoba directly or indirectly involved in the project, namely: the Córdoba Investment and Financing Agency -ACIF -, the current Ministry of Public Works, former Ministry of Public Works and Financing and the current Ministry of Environment, ex. Ministry of Water, Environment and Public Services.

At the end of 2019, as we had not received a response from any of the provincial agencies for the requests for information made and the response period had ended, we decided to make an early dispatch to the Ministry of the Environment.

It is important to clarify that once the provincial agencies receive a request for information they have 10 days to respond and it can only be extended for an additional 10 days as long as it is reported within the deadline. In the event of an incomplete response or lack of response, as was the case here, a prompt dispatch may be submitted. This resource is the same request for information, but it details the date and details of the request that had been made, together with a warning to initiate legal actions, that is, an injunction for default. Any provincial agency has a term of 10 to respond to the prompt dispatch, with the possibility of extending it for another 10 days, as well as with requests for information. In our case, the prompt dispatch was carried out in mid-December 2019, however the Ministry of the Environment responded to us only in February 2020, that is, the deadline was more than expired.

Thanks to the prompt dispatch made, we received the response to the request for information made in August 2019. The request requested information on the final layout of the project, location and number of inhabitants, businesses and industries benefited by the works and the state of situation. of the project. According to the information provided, all the Regional Systems are completed with provisional and / or definitive reception of the work.

In addition, we inquired about the companies and / or Transitory Business Units (UTEs) that participated in the project as well as what were the details and characteristics of the plan for connecting the home units to the Trunk Systems Regarding this last query, the provincial agency He replied that by means of a protocolized Agreement No. 024/2017 signed by the province of Córdoba, the Banco de Córdoba and the Distribuidora de Gas del Centro SA The “Fund for the Financing of Natural Gas Home Networks” was approved. It established the guidelines and requirements that the adhering municipalities must meet to allow the neighbors the possibility of obtaining financing to face the costs of connecting to natural gas in the home networks. In line with the above, the origin of the financing of the Provincial Plan Connect Gas Industry that enables the connection to the natural gas service to Shops, SMEs, Industries, Industrial Parks, among others, was consulted. This Program has a Banco de Córdoba financing line of $ 200,000,000, an amount that is loanable up to 100% of the value of the work according to the client’s classification. Also, the Program has financing of $ 100,000,000 from the Federal Investment Council.

Most of the information requested had previously been requested in requests for information that we made in previous years but in which we did not receive any response. Information that would have been optimal to have long before.

The lack of response to requests for information, such as non-compliance with the deadlines stipulated by Provincial Law 8803 on Access to Public Information (called the Law on Access to Knowledge of State Acts), hints, again, not only the great difficulty currently existing to access public information in the hands of the government of the Province, but also how outdated this law is, which dates back to 1999. Consequently, last year together with social organizations we requested through a document the update of this Provincial Law in accordance with the guidelines of the Inter-American Model Law and the National Law of Access to Public Information.

Access to public information is a human right that strengthens citizen participation, transparency in public administration, and democratic governance. For this reason, it is necessary to update the provincial Law in this matter in order to solve the shortcomings it possesses, incorporating the highest standards and guaranteeing control mechanisms that supervise its compliance.

More information

Author

  • Gonzalo Roza
  • Sofia Brocanelli

Contact

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Normative analysis: How is the new tobacco regulation in Córdoba?

Today, May 31, the World No Tobacco Day is celebrated. On the occasion of this date, we carry out an analysis of the latest law passed in Córdoba on the matter.

“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 October 2019, in the province of Córdoba, Law 10,661 was passed, amending Law 9,113 establishing the Permanent Provincial Program for the Prevention and Control of Smoking in the province of Córdoba. This new legislation extends the threshold of protection of the right to health from two thematic nodes. On the one hand, it incorporates a complete prohibition of advertising, promotion, sponsorship and exhibition of tobacco, its derivatives and smoking accessories in dispensers and any other type of shelf located in the premises where such products are sold. On the other hand, it introduces electronic cigarettes and heated tobacco products, and establishes its prohibition of distribution and commercialization to minors under 18 years of age and the prohibition of consumption in closed places with access to the public. The new provincial legislation extends the threshold of protection of the right to health, in line with the recommendations of the World Health Organization and, mainly, with the standards established in the Framework Convention on Tobacco Control.

Until the enactment of the tobacco law No. 10,661, in the province of Córdoba, the prohibitions on advertising established by the national law 26,687 governed by the adherence of the provincial law No. 10,026. National law prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; leaving the advertisements at points of sale, the publications of companies in the sector and direct communications, with the consent and verification of the age of majority of the recipients.

However, through the new local regulations, progress is made in a higher standard of protection of the right to health than that established in the national standard, completely prohibiting advertising, promotion and sponsorship and including the display of the product as part of that prohibition.

In sum, in this report an analysis of Provincial Law 10,661 is made in relation to the two thematic nodes introduced, based on the delimitation of the scope of the new prohibitions in relation to the provisions of national legislation and international instruments in the matter (especially, the Framework Convention for Tobacco Control). At the same time, some of the possible challenges in the application of local law are recognized and possible advances aimed at deepening the protection of the right to health are seen.

More information

Author

  • Gonzalo Hunicken
  • Delfina María Scagliotti

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Towards a digital democracy

Last Wednesday, the two Houses of the National Congress held their sessions remotely for the first time in history. In halls full of screens, with representatives present on the premises – taking the prudent distance – and also in the distance, the Argentine Legislative Branch resumed its activity after a month and a half of having decreed social, preventive and compulsory isolation.

“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”.

Constitutional law in the new virtual context

Without a doubt, the crisis caused by the coronavirus required that public institutions reformulate themselves, not only to face the pandemic, but also to continue guaranteeing the rights of citizens. During the month of April, the President of the Senate presented a declaratory action of certainty before the Supreme Court of Justice, raising the need to meet, especially for those issues that cannot be resolved by decrees of necessity and urgency, such as matters of matter. tax and criminal. The specific question was whether it was constitutionally possible for the Senate to meet through digital means because it was facing a situation of institutional gravity generated by the COVID-19 pandemic, which is foreseen as an exception to the face-to-face sessions in article 30 of the regulations of the High camera. Although the Court rejected the action because it considered that it was “inadmissible” to rule on the matter, this did not prevent it from making some additional considerations in this regard.

In this sense, in the majority vote (Ricardo Lorenzetti, Juan Carlos Maqueda and Elena Highton de Nolasco and Horacio Rosatti voted in the same direction and Carlos Rosenkrantz rejected in limine) it was that the court stated that:

“To carry out the sessions of the Senate under a remote modality instead of the traditional face-to-face orbit within the proper attributions of the Legislative Power referring to the instrumentation of the conditions to create the law […] the possibility that the Senate may meet remotely it does not interfere with the way in which the Constitution imposes on that Chamber to exercise its powers ”(Cons. N ° 16).

In other words, the Constitution does not indicate anything about “the physical or remote modality of its sessions”.

Later, the sentence adds that “… the continuity of the task of legislating the National Congress is absolutely essential for the normal development of the constitutional life of Argentina”, corresponding to the Senate “to arbitrate the necessary mechanisms to facilitate the realization of their highest reason for being, which is the representation of the people of the Nation in the deliberation of their affairs ”(Cons. Nº 17). Finally, the Court resolves that “the Senate of the Nation has all the constitutional powers to interpret its own regulations regarding the virtual or remote way of sitting, without resorting to the Supreme Court of Justice of the Nation; therefore, the initiated action is rejected”.

Will it be enough to close the way to future issues of unconstitutionality on the way of meeting? What will happen in the event of conflicting bills that require extensive debate?

The first sessions

The Wednesday session had as a first step to vote the protocol that establishes the new modality, with a validity of 60 days, extendable if social, preventive and compulsory isolation is extended. Then, the validity of twenty Decrees of Necessity and Urgency signed by the President of the Nation was voted to mitigate the effects of the coronavirus pandemic. The debate lasted for five and a half hours (it is recommended that virtual sessions do not last more than 6 hours, to avoid technical problems), with presentations of more than 20 speakers and without major inconveniences, except for two brief technical interruptions.

A few hours later it was the turn of the Chamber of Deputies, which met with 193 representatives remotely and 47 on the premises. First, the protocol establishing the virtual session mechanism was approved with a special majority while social and compulsory isolation lasts. Then, a bill exempting from Income Tax payment was approved unanimously for public and private health professionals, personnel of the armed forces, the security forces, migratory activity, customs activity and firefighters, among other essential activities. Finally, also unanimously, a Protection Program for health personnel in the face of the COVID-19 pandemic was approved.

However, after the premiere of the telematic system in both houses of Congress, doubts arose as to whether this virtual modality would be viable to discuss controversial and more complex bills of consensus. In this sense, representatives of the opposition expressed that in the first session only a tenth of the legislators were allowed to make speeches, with the rest remaining silent. Some fear has also been expressed that the remote modality may curtail some political rights of male and female legislators, and they insist on finding a way to resume the face-to-face dynamics. However, on the part of the ruling party, they point out that there is no doubt that technology should begin to form part of the daily life of Congress.

What is digital democracy?

It is understood that digital democracy or e-democracy is putting the Internet and technology at the service of citizens, so that they contribute to the consolidation of the democratic system. The technological revolution has been present for several years on issues that concern public management and citizenship, and has resulted in great benefits for citizen practices such as participation, freedom of expression, access to public information, transparency and surrender of counts. It is necessary to understand that the Internet plays a fundamental role in all these processes, since it allows citizen empowerment and breaks down barriers that traditional systems present, which generates impressive possibilities and without historical precedent.

In this sense, there is no doubt that the virtual sessions of the Legislative Powers are an expression of these unimaginable possibilities that technology gives us. In many cases, at both the national and provincial levels, legislatures have already been holding workshops, committee meetings, and training through this medium. In addition, there are several provinces whose Legislatures have been meeting in this way (for example, Mendoza, La Rioja and Córdoba). At the regional level, the first countries to meet virtually were Brazil, Chile, Ecuador, and Paraguay.

However, these mechanisms present a series of difficulties that do not occur in person, for example, when it comes to guaranteeing the stability of communication channels (and that there are no disconnections or technical problems that could invalidate the debate and voting), to prove the identity of those who participate and to guarantee minimum conditions of computer security and protection of personal data and sensitive information. Without forgetting, in addition, that in many cases the use of these technologies required prior training and technological literacy.

Despite these challenges, we know that these processes are here to stay, and that they will continue to be implemented beyond the pandemic. Like teleworking, telemedicine and virtual education, the use of new technologies in the public administration is increasingly frequent, which requires an agile, modern, efficient and innovative State, which also does not lose sight of the protection of the human rights of citizens.

What happens to state activity beyond the legislative?

We understand that it is essential that the State promote the full functioning of all public institutions, and not only to attend to the specific solutions that this context demands. Suspending administrative activity for long periods can hinder access to basic rights, so it is key that the activity be resumed as soon as possible, and by digital means if necessary.

In the same sense, the Judiciary, although in many jurisdictions where there is greater flexibility in isolation measures, has already resumed work in person, in those with higher housing density it is still with suspended deadlines and carrying out a kind of extraordinary judicial fair. However, essential and emergency services are being guaranteed. Teleworking, receipt of electronic writings, incorporation of digital signature, hearings by videoconference and transmitted by social networks, receipt of complaints by instant messaging systems, authorization of permanent hotlines and online mediations are some of the initiatives implemented. There are even some courts that ordered to notify the claims by WhatsApp.

More technology, but for more rights

The virtual sessions of Congress during the next few days will surely be the stage for discussion of issues that have to do, precisely, with the use of technology. Either to regulate and limit its negative consequences, with the recognition of what is known as the “right to digital disconnection” in the face of increasingly expanded forms of teleworking, or to facilitate access to certain rights, such as case of digital medical prescriptions, whose project already has a favorable opinion from the Health and Social Action commissions of the Chamber of Deputies and will be discussed soon.

If technology is here to stay and its use in public institutions, especially Congress, is going to intensify, policies to reduce the digital divide must also be intensified. In this way, it will enable all citizens to enjoy its benefits, by being able to witness, for example, the legislative sessions. Technology should not become just another mechanism of social exclusion and privilege for some.

There is surely much to reflect on when thinking about the challenges in relation to citizenship and democracy in technological environments. With their enormous complexity, new technologies are always means at the service of the ends that each person and each society decides to pursue. For this reason, we believe that it is necessary to learn to use the digital world for the promotion of values ​​such as openness, tolerance, democracy, debate and human rights.

Sources

Contact

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The World Bank, the IDB and the CAF commit financing for Argentina in the context of the pandemic

In recent weeks, the World Bank approved a project for 35 million dollars and the IDB and CAF have committed amounts of 1,800 and 4,000 million dollars respectively for projects that allow Argentina to face the effects of COVID-19 . These are fast-disbursing loans that, while important to alleviate the economic, social and health consequences of the pandemic, raise a series of doubts regarding the effective fulfillment of the requirements and conditions necessary for their approval.

“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 effect of the pandemic on the world economy can be reflected in the paralysis of international trade and economic activities. Furthermore, the situation of uncertainty has led to the tightening of external financing for the States, which at this moment are essential to face the health emergency, which requires heavy investments in materials and specific medical equipment.

Faced with this scenario, various International Financial Institutions such as the World Bank Group, the Inter-American Development Bank -IDB-, the European Investment Bank -BEI- or the Development Bank of Latin America -CAF-, among others, have put Quick disbursement financing available to countries for projects to cope with the effects of the pandemic. On April 2, the World Bank -BM- approved an emergency loan of $ 35 million for Argentina, with the aim of strengthening the health system by purchasing equipment and medical supplies to minimize the impact of the coronavirus on the country. This financing is part of the $ 14 billion fund that the World Bank created to provide assistance to countries that must face the consequences on their health and economic systems due to the outbreak.

Fuente: Página 12

In addition, the World Bank promised to cooperate with the Argentine Republic in the implementation of the Emergency Project for the Prevention and Management of the Disease by COVID-19. The purpose of the same is to strengthen the preparation and response against the pandemic and the adaptation of the country’s national public health systems. The execution of the emergency project will be in two stages: the first consists of the emergency response efforts of COVID-19, which consists of two sub-stages: on the one hand, detection, confirmation, follow-up of contacts, registration and reporting of cases and on the other, the strengthening of health systems. The second stage is the implementation, monitoring and evaluation of the project.

Likewise, on May 7, the Inter-American Development Bank (IDB) announced a loan of 1.8 billion dollars for the country to alleviate the economic, social and health consequences of the COVID-19 crisis. It is the largest amount disbursed by the IDB to Argentina in the last 10 years. The support provided by the IDB is linked to care for the health system, transfer to the social protection network for the most vulnerable, and economic and employment recovery, mainly from micro, small and medium-sized enterprises (MSMEs).

Fuente: Infobae

The programs of the public area of ​​the IDB Group linked to Argentina with the objective of responding to the emergency of COVID-19 and that will be approved this 2020 is 1,000 million dollars, while the other 600 million dollars correspond to current projects.

In an official statement, the Presidency explained that the first of the projects will allocate $ 470 million for a public health program to support the response to the coronavirus, of which 300 million were disbursed this year. The objective is to ensure access to the health system for 17 million people. Similarly, with the intention of supporting the productive sector and promoting job creation, 500 million dollars will be allocated, for which 300 million were disbursed this year. It is estimated that the amount will go to the aid of 30 thousand micros, small and medium-sized companies.

In addition, 600 million will be allocated with the goal of serving the most vulnerable population through a social protection program created in conjunction with the IDB. Of this total, 400 million will be disbursed this year with the purpose of transferring resources and subsidies to vulnerable sectors. It will support around 3 million companies.

For its part, the Development Bank of Latin America (CAF) has stated that in the current context, each State must adopt economic measures that respond to the situation of each country, without neglecting the productive sector and the most vulnerable social sectors. To contribute to these spaces, CAF has deployed an emergency loan package for each country of up to $ 50 billion to serve public health systems; We also allocate emergency disbursements of 2.5 billion dollars per country to SMEs that involve different aspects of the financial portfolio. In addition, non-reimbursable cooperation resources have been made available to donate essential supplies to the health sector.

The Argentine president held talks with the CAF executive (Luis Carranza Ugarte) exchanging concerns and initiatives to respond to the crisis. The institution committed to the Argentine Government to carry out the execution of technical cooperation projects for more than 4,000 million dollars within the next four years aimed at economic reactivation and social aid at different government levels. For the current year, specific financing will be allocated to strengthen the emergency in the provinces ($ 40 million), promote social policies ($ 30 million), develop investments in infrastructure, including educational establishments, repair and construction of routes. , and sanitation (USD 900 million dollars).

In this way, it can be seen that the Financial Institutions have made fast-disbursing funds available to the national government to be able to deal with the effects of the pandemic in an executive manner. And Argentina is not the only case, since more than 130 projects have been approved in countries in Latin America, Europe, Asia and Africa for a total amount greater than 25 billion dollars, according to a mapping of projects carried out by the Early Warning System.

While recognizing the need for countries to quickly have resources to face the economic and social effects of the pandemic, it should be noted that most of these projects are being prepared, discussed and approved in an accelerated manner, in a few weeks, when they are generally processes that take several months since they must go through a series of instances and meet a series of requirements for their approval and start-up. Requirements that not only contemplate economic-financial issues, but also in terms of transparency, public participation, accountability, due diligence and social and environmental sustainability of projects. Therefore, it is questionable whether such requirements are effectively being contemplated and applied in these fast disbursement projects by the Financial Institutions and governments involved.

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Authors

  • Ailín Toso
  • Mariano Camoletto

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We need an open government in times of pandemic

From the Argentine Open Government Civil Society Collective, we request that all levels of the State take special account of transparency, participation and collaboration policies in public decision-making to manage the current crisis. At the same time we make ourselves available to collaborate, inspect, monitor and contribute to public decision-making.

“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”.

 

Communiqué of the Collective of Civil Society of Argentina of Open Government in relation to Covid-19

 

To the national government, to the provincial and municipal governments, and to all the judicial and legislative branches of Argentina; 

The Covid-19 pandemic at this point represents the most important challenge we have faced in decades, both globally, regionally and locally. Its impacts are substantial not only in health matters, but they significantly affect our economies, public services, institutions, the educational system, the inequality of our societies, the systems of protection of rights and many other crucial areas for development and well-being. of our peoples.

The measures taken jointly by the different governments of our country have so far mitigated part of the health effects of the pandemic and prepared our health systems for a possible increase in the number of infections. This enormous community effort, crystallized mainly in social, preventive and compulsory isolation, implies that our public institutions must continue to implement emergency measures that involve a large amount of public resources. Some examples of this are budget reallocations, large-scale purchases and contracts, transfers of funds to sub-national governments, expansion of social aid programs, and subsidies or exemptions to the private sector, among others.

The scope of these challenges is not exclusive to our executive powers, but rather that our legislative and judicial powers also face demands for which they were not fully prepared. In both cases, their effective operation is vital so that the responses to the pandemic adjust to democratic parameters and protect the rights of society as a whole, and in particular of the most vulnerable groups.

We know that the challenges and difficulties in this context are many, and that is why we believe that collaboration is necessary to strategically think about desirable and possible actions for governments to face the pandemic and recovery in the coming months in an open, transparent and participatory, facing the citizens who expect answers and who also have knowledge to contribute. In this framework, the principles of open government must be considered as a necessary part of the solution and as a way to provide agile responses in the pandemic response process.

As a first step, it is essential that the State, at all levels and powers, guarantee access to the necessary public information so that citizens can monitor and participate in an informed manner in emergency public policies. This implies guaranteeing the open information and accessibility of all the information related to sanitary measures, the use and distribution of public resources, public purchases made, programs aimed at protecting the most vulnerable groups, etc.

It is also essential to promote the full operation – by remote means if necessary – of all public institutions, especially of deliberative bodies such as the National Congress, provincial legislatures and deliberative councils, and the judicial powers of the nation and the provinces.

In addition to the necessary democratic control over the measures taken by the executive powers in this emergency situation, the legislative and judicial powers have non-delegable functions that must be resumed shortly to prevent the impact of the pandemic from deepening.

In turn, the full participation of citizens should be the way in which the different governments seek the solutions that this context demands, taking special consideration by the voices of traditionally excluded groups and communities. The process of formation and implementation of public policies must be based on evidence and on active listening by citizens as basic inputs to reach the most inclusive decisions possible.

On the other hand, in order to guarantee the effectiveness of sanitary measures, the government must pay special attention so that basic civil rights, such as the right to privacy or freedom of expression, are not violated, especially in the digital space. In situations where the use of databases is proliferating, it is essential to ensure unrestricted respect for people’s privacy. This implies that its activity by digital means or the use of mobile applications is free from undue interference from the public forces.

Lastly, the fight against corruption must occupy a central place on the public agenda in order to ensure that economic resources are allocated fully and efficiently to face the pandemic. Public monitoring of the use of public emergency resources, particularly in the area of ​​public procurement, must be sought by the control bodies and made available to the public through the publication in open formats of all its details, such as the amounts, suppliers and types of processes. The resources that are diverted due to the effects of corruption differentially affect the most vulnerable groups in times of normality, which deepens in these contexts.

The organizations of the society involved signatories make ourselves available to collaborate, inspect, monitor and contribute so that, also in times of crisis, our governments respect the values ​​of open government, can mainstream this paradigm and continue working in public decision-making based on evidence and guaranteeing transparency.Open Government Collective Argentine Civil Society.

Signatories:

Acción Colectiva

Amnistía Internacional Argentina

Asociación Civil Grupo Puentes

Asociación Civil por la Igualdad y la Justicia (ACIJ)

Centro de Implementación de Políticas Públicas para la Equidad y el Crecimiento (CIPPEC)

Datos Concepción

Democracia en Red

Educar 2050

Escuela de Fiscales

Fundación para Estudio e Investigación de la Mujer (FEIM)

Fundación Americana para la Educación

Fundación Cambio Democrático

Fundación Conocimiento Abierto

Fundación Directorio Legislativo

Fundación Huésped

Fundación Nuestra Mendoza

Fundación para el Desarrollo de Políticas Sustentables (Fundeps)

Laboratorio de Políticas Públicas (LPP)

PARES

Poder Ciudadano

Red Nuestra Córdoba

Salta Transparente

TECHO

Wingu – Res Non Verba Asociación Civil

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We send recommendations regarding the possible dilution of the IDB’s socioenvironmental

In the framework of the public consultation process on the review of IDB environmental and social safeguards policies, together with a group of more than 50 civil society organizations in the region, we made comments and observations on the draft of the new Policy Framework. Environmental and Social, through a document that was sent to the Bank on Monday, April 20.

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

On December 18, 2019, the Executive Board of the Inter-American Development Bank -IDB- approved and published the draft of the new Environmental and Social Policy Framework -MPAS- on the occasion of the modernization of its environmental and social policies that govern the operations that lead to out the bank.

The proposal of this policy differs from the previous ones, since this draft Framework seeks to integrate environmental and social policies into a single policy. Thus, the draft of the MPAS is structured in two parts. In the first, it presents the Policy Statement that addresses the IDB’s responsibilities and roles and relevant issues such as human rights, gender equality, non-discrimination and inclusion, rights of Indigenous Peoples, Afro-descendants and other traditional peoples, participation of interested parties. , reduction of greenhouse gas emissions and protection of Biodiversity, and natural resources and ecosystem.

In the second part of the draft, the ten environmental and social performance standards that must be met by the borrowers throughout the project life cycle are detailed. In addition, for the Bank, the Standards will serve as guides for risk assessment, classification, due diligence, monitoring and management.

The 10 Performance Standards are as follows:

  1. Assessment and management of environmental and social risks and impacts.
  2. Work and working conditions.
  3. Efficiency in the use of resources and prevention of contamination.
  4. Community health and safety.
  5. Land acquisition and resettlement.
  6. Conservation of biodiversity and sustainable management of natural resources.
  7. Indigenous villages.
  8. Cultural heritage.
  9. Gender equality.
  10. Stakeholder Participation and Disclosure of Information.

Following the Bank’s Public Consultation Plan, the public consultation process on the MPAS began in January through face-to-face consultations scheduled by the IDB in different parts of the world. It was not only possible to participate through face-to-face consultations, virtual consultations were also enabled through the sending of comments through the Bank’s website or through an e-mail address. This first phase of virtual consultations ended on April 20.

It was in this framework that more than 50 civil society organizations that we have been working collaboratively and jointly since last year, prepared and sent to the IDB a document with a large number of comments and observations on the draft of the new MPAS.

The document, with more than 80 pages, is structured in general comments and specific comments on each performance standard found in the framework, and not only identifies in detail each of the problematic aspects that we identified in the draft, but also provides particular recommendations to correct them. In this way, it seeks to avoid the evident dilution of environmental, social and human rights standards that would entail the approval of the draft of the new MPAS as it stands. The document was sent on Monday, April 20, the date on which the first phase of virtual public consultations on the draft of the new MPAS ended.

At the same time, from Fundeps, and with the support and collaboration of a group of civil society organizations specialized in gender issues, we sent particular comments regarding the draft MPAS from a gender perspective. In this document, we raise the need for the IDB not only to avoid weakening its current Gender Policy, considered one of the most advanced in the matter in relation to the rest of the IDB-related Financial Institutions, but also to decide to put itself decisively at the forefront In this matter, for which it must necessarily carry out a process of mainstreaming the gender perspective in all its financed policies and projects (See document).

Which are the next steps? The IDB will prepare a second draft of the MPAS in which it must incorporate the recommendations and observations received from civil society during the consultation process. However, previous experience in recent consultation processes carried out by the IDB shows that the Bank is unlikely to incorporate and take into account the most important recommendations provided by civil society. We hope that in this case this trend will be reversed.

When the Executive Board approves the second draft, the IDB will publish it on its website and begin the second stage of the consultation process, which will be virtual and for a period of 30 days. Once this period has ended, it will produce the final version of the Framework and a document with the response to the comments received. The approved MPAS would take effect in January 2021.

From civil society, we hope that the IDB will take into consideration the comments and observations that have been made not only to avoid dilution of the institution’s social and environmental standards, which have been built together with civil society in recent decades. , but also to take advantage of the opportunity to advance and strengthen them. Something that becomes even more necessary in a regional context marked by the weakening of the national socio-environmental framework in most countries.

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We make comments and observations on the IDB’s Environmental and Social Policy Framework from a gender perspective

From Fundeps, together with the participation of some international civil society organizations, we sent the IDB a document with comments and observations on the Environmental and Social Policy Framework from a gender perspective.

“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 December 2019, the Inter-American Development Bank -IDB- published the draft of the Environmental and Social Policy Framework (MPAS) in order to modernize its environmental and social policies. What does this MPAS mean? These are the requirements in environmental and social policy that the Bank or the Bank’s borrowers must meet when carrying out a project. In this statement, the Bank maintains a commitment to environmental and social sustainability, translated into a series of requirements and recommendations ordered in ten Performance Standards to be met in each project.

In January 2020, on-site and virtual public consultations began, in which Fundeps participated by presenting a review of what was proposed in social and environmental safeguards policies. This month, we led a document with specific comments and observations to Rule 9, on Gender Equality, and its lack of mainstreaming towards the rest of the MPAS Rules. This document was formulated together with another group of NGOs that adhered to the recommendations and together it was presented to the IDB. This work involved analyzing the entire draft of the Framework from a gender perspective and also contrasting it with previous gender policies published by the Bank.

As mentioned, the first shortcoming identified is the loss of mainstreaming of gender policy in project financing requirements. Taking into account that such projects directly and indirectly affect local communities, we demand that the Gender Equality Standard dialogue with other approaches such as race, ethnicity, class, age, religion, profession / activities, geographic location, among others. In other words, we demand that the problems be addressed from an intersectional vision, recognizing the coexistence of different vulnerabilities.

Regarding its conceptualization of gender equality, some inequalities of women with respect to men are mentioned, along with possible violence against trans people, so its approach in relation to LGBTTTIQ + people is scarce and superficial. Although it refers to ‘gender empowerment’ instead of ‘women empowerment’, there is no specific mention of gender, which manifests the reproduction of a binary, exclusive and regressive approach in terms of human rights. Furthermore, this means -not specifically mentioning the genres- the lack of incorporation of LGBTTTIQ people in the requirements to be met by the projects.

In its implementation measures, we note that the approaches proposed by the international human rights treaties for girls, adolescents, women, and LGBTTTIQ + people are not incorporated. On the other hand, the implementation measures required of borrowers do not include a proactive policy to advance on gender equality, as it was included in previous Bank gender policies. We continue with a preventive policy, although we identified an absence of a gender perspective in the design of strategies to mitigate and prevent violence, discrimination and inequalities.

In order to materialize progress regarding human rights in IDB-financed projects, we raise the need to strengthen the Bank’s commitment to the gender perspective, such as incorporating it at the internal level of its organizational structure. Taking into account the Bank’s ability to generate public policies through its choice of financing, we conclude that it must develop robust frameworks, operational policies, and accountability mechanisms that incorporate the gender perspective cross-sectionally and ensure the informed participation of affected people at all stages of all projects financed and undertaken by the Bank.