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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.

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  • 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.

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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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  • 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.

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Brothers be united? Profiling of the Sino-Argentina relationship in the government of Alberto Fernández

After the Mauricio Macri government will use the acquisition of debt with multilateral credit organizations as the main source of financing for its management, prioritizing the relationship with the International Monetary Fund and the United States government, it is prudent to ask ourselves: What has been the China’s role in this scenario? How is the relationship with the Asian giant outlined in the new government of Alberto Fernández?

“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 the consolidation of China as an influential player in the international system and one of the main economic powers, Argentina has had a relationship with ups and downs but in constant communication. The use of China as a counterweight actor against the constant influence of the United States is not a strategy used only by Argentina, but also by most of the countries in the region.

In this geopolitical scenario, China presents itself as an actor that cannot be ignored beyond the efforts of the West. However, the Mauricio Macri government slightly changed the trend that had been prevailing during the Cristina Fernández government, which could be described as almost preferential.

During the Macri government, relations with China have gone from having a strong bond to going through some ups and downs, since the beginning of the administration, the closest approach to the United States tended to a distance with China. This was reflected in the reconsideration of agreements previously signed during the previous government, which implied a pause in several projects. The guiding idea of ​​the foreign policy of the then President Mauricio Macri was “the reintegration of Argentina in the world” which involved giving a more relevant role to multilateralism. From there, the various international tours and the search for support in the world produced a departure with the Chinese giant with whom he had a very deep strategic cooperation agreement.

Faced with the exhaustion of international credit and the inevitability of the link with China, in the middle of his term, Macri resumed the dialogue interrupted for two years and continued with the stage of deepening the strategic cooperation proposed by the Fernández de Kirchner government, with the Holding of the G20 Summit in Argentina and new modified cooperation agreements were signed. By the end of the term, the relationship had already been fully resumed, which was evidenced in Argentina’s attendance at China’s main initiative in Latin America in the Strip and the route, and 16 cooperation agreements were signed between the two countries. Finally, in June 2017 Argentina is outlined as a potential non-regional member to the Asian Investment and Infrastructure Bank -AIIB- along with other Latin American States, in order to find financing for the country’s large public infrastructure works such as dams in Patagonia .

In this context, the government receives President Alberto Fernández, who is also going through an exceptional situation of public health emergency due to the COVID-19 pandemic. The truth is that, months after his administration began, Fernández had to decide who would be the Argentine ambassador to China, a decision that would indicate the course of action of foreign policy with the Asian country. Fernández’s decision was innovative since he appointed Luis María Kreckler, a career diplomat with a career in embassies such as Brazil and Germany, as Argentine ambassador to China and as political advisor to the embassy along with Sabino Vaca Narvaja, renowned political scientist of the Program of Sino-Argentine Cooperation and Linking from the National University of Lanús and academic specialist on China.

From this designation it is observed that the Fernández government seeks a balance in the relationship with China, that is, the maintenance of a strategic association with the Asian giant but without reaching full dependence. The appointment of a diplomat with a career as Kreckler may imply prudence when proposing a foreign policy strategy that generates an international balance of political interests that may be presented by political scientist Vaca Narvaja.

For his part, President Fernández has declared that China’s role in the global order is inescapable and that during his term he will seek to deepen the Comprehensive Strategic Association that could be extended to the Belt and Road Initiative.

For the moment, the incipient government of Alberto Fernández, which has barely gone through 100 days of administration, has already had to manage a national health emergency crisis by COVID-19, and an economic emergency due to the still pending negotiation with the IMF. . In this context, everything that does not qualify as an emergency is automatically displaced from the government’s priorities. However, the relationship with the Asian giant has been strengthened with the donation of medical supplies from the Chinese government to Argentina in the framework of the bi-national cooperation established in the face of the COVID-19 pandemic.

Likewise, when it comes to the People’s Republic of China, it is recognized that the symbolic has the same relevance as the economic. For what no less data has been the message contained in the input boxes from China where the famous quote by Martín Fierro written by José Hernández was found: «The brothers be united because that is the first law. Have true union at any time. « Although nuances can be expected in the relationship with the Asian giant, one thing is certain, the Alberto Fernández government is determined to strengthen the bilateral relationship, so we must wait to know at what cost it will be.

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Author

  • Florencia Harmitton

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The right to health in times of pandemic

On December 31, 2019, the first cases of COVID-19 were reported in the city of Wuhan, China. On March 11, 2020, the WHO Director-General characterized it as a pandemic, also highlighting the alarming levels of spread and severity of the virus. This exceptional situation puts the right to health and its interrelation with other rights in tension, at the same time that it challenges States and their health systems, especially for the protection of groups in vulnerable situations.

“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 Universal Declaration of Human Rights establishes that everyone has the right to an adequate standard of living that ensures him and her family health and well-being, especially food, clothing, housing, health care and the necessary social services (Art 25). Health, as a fundamental human right, is affected by social, economic, and environmental factors, among others; at the same time that it is interrelated to the exercise of other rights with which it is closely linked and on which it depends.

The isolation and social distancing measures are supported by the scientific evidence that is beginning to be collected about the outbreaks of contagion of the pandemic. They must respect human rights and especially protect marginalized and poor populations, who may be disproportionately affected. However, inequality in access to health services becomes more evident in this urgent context, which should challenge the entire society, and particularly those in decision-making positions, about the importance of having systems health benefits and the benefits of actively working to provide infrastructure for disease prevention.

Likewise, we all have the responsibility to comply with sanitary measures to protect ourselves and thus prevent the spread of the virus, the saturation of hospitals and health care centers. By reducing the risk of contagion to other people, who may or may not be within the risk groups, we are allowing current health systems to respond and provide adequate and immediate care to those who need it.

In this context, we share with you an analysis of the right to health in times of pandemic and the needs to protect the most vulnerable groups.

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Author

  • Ana Carla Barrera Vitali
  • Gaetano Vaggione

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Equal Pay Day: Equal pay for equal work? Same task?

On April 9, the equal pay day between men and women was established in our country. As of today, we have large gender gaps that are far from closing.

“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”.

Women charge less than their male peers. That is a fact. What’s more, transgender people also get even less, or are directly excluded from the labor market. On March 16, the National Directorate of Economy, Equality and Gender of the Ministry of Economy of the Nation presented the report “Gender gaps in Argentina: State of situation and challenges“. There, it is evident that the total income gap between men and women (calculated as the relative variation between the average income of men and the average income of women) is 29.0%, and it widens for female employees. informal, reaching 35.6%.

So, we can say that the same is not charged for the same tasks. But we can also ask: do we perform the same tasks as men and women? The tasks that women mainly perform within the home, and that correspond to reproductive work, have historically not been considered as such and, therefore, have not been remunerated. The incorporation of women into the labor market has not generated a fairer distribution of domestic and care tasks within the home. Women are still responsible for most of these tasks and spend almost twice as much time as men, even when they work outside their homes. Situation that deepens if they study or if they participate in spaces of activism and / or militancy. In other words, they work double and triple days, but they earn less than their male counterparts. And there the inequality appears before our eyes.

Feminisms and women’s movements and sex-gender diversities and dissidents have been thinking about these gaps for a long time. The sexual division of labor, glass ceilings and walls are some analysis tools that have been developed to understand this unequal reality. To understand and transform it.

Today, the idea persists that women have a natural instinct to care. Jobs that involve care and are mostly performed by women are the worst paid. Gender stereotypes are in order in job interviews, tenders, and promotion and responsibility decisions. Men are not obliged to reconcile their life at home with work outside of it, women are. Women see their possibility of training, improvement and job promotion diminished (a phenomenon called the “glass ceiling”) in the years they have children in their care. Boys don’t. The law grants women longer work licenses to care for sons and daughters. But far from being a privilege, the latter not only results in discrimination when hiring or considering a woman for promotion. It also reinforces the stereotypes of a mother woman and a father only as a provider for a typical family, which should not take care of children under their responsibility.

Women not only earn less, but are forced to spend more. There is what is known as the “tax pink”. The market offers products that are directed towards women and that are ostensibly more expensive. These products range from a deodorant, a razor to a medicine, such as ibuprofen “fem”. However, they fulfill the same functions as for men. There is no factual difference to support a different price. Only stereotypes that oppress and harm women culturally and economically are reinforced. Likewise, the sexual and (non) reproductive health of cis women, trans people and any menstruating body is affected with the absence of public policies that transform free access to elements for menstrual management into a right.

Particularly, within the current conjuncture of the Covid-19 pandemic, it can be considered a hinge, break moment in global society. Not only in the ways of functioning of the economy and the way of executing the different interpersonal relationships, but, in turn, the veil is drawn on the multiple tasks of care performed by women. These are unpaid work. Thanks to this, it is that the man can enjoy a great wealth of time that allows him to train, get better jobs and have time for leisure.

All this reinforces the inequality that doubly affects women. First, because they work for their families for free, given the naturalization of this work due to the requirement of gender stereotypes. And second, they are subtracted from the time to access, like the men, spaces for training, leisure and self-care.

Along these same lines, we must not forget that the World Health Organization considers gender violence as a social epidemic. The Observatory “Women, Dissidence and Rights” of the Women of the Latin American Matria-MuMaLá reported that since March 12, the day the first measures of social isolation began, as of April 3, 15 femicides were registered.

Lastly, we celebrate the preparation of the report on gaps by the National Directorate of Economy, Equality and Gender of the Ministry of Economy and we urge the State and the private sector to produce and put into action, together with civil society, public policies tending to close gender gaps. This can only be achieved with the elimination of gender stereotypes, inclusion in the measurements of LGBTIQ + people, analysis of the economy with a gender perspective, democratization of care and the participation of women, gender and diverse and dissident sexes in the elaboration and decision making on those policies.

Authors

  • Ivana Sanchez
  • Constance Attwood

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An overview of national environmental projects.

Coordinated by the Circle of Environmental Policy (C.A.B.A.), and in conjunction with other specialists, We elaborate the Legislative Environmental Agenda 2020, giving account and analyzing the main bills on environmental matters that have parliamentary status.

“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 2020 Legislative Environmental Agenda is an initiative led by the Policy Circle Environmental, which is emerging as a fundamental input to publicize those projects of law that are in force and in the process of being treated in both houses of Congress of the Nation. With the participation of various actors and specialists, the content, scope and importance of those projects in parliamentary status, linked to environmental issues, energy and public health.

The main objective of the report, according to María Eugenia Testa (director of the Circulo de P. Environmental) focuses on the visibility of those projects presented by different legislators, as well as in promoting parliamentary debate on issues environmental. Our contribution consisted of specifically examining those related projects to the ratification of the so-called “Escazú Agreement”; noting the importance that its incorporation into the local regulatory system, particularly due to the circumstance of taking a step in assuming international commitments in this area. These would allow to incorporate monitoring and enforcement tools regarding compliance with those measures to effective access to environmental justice, citizen participation and access to information environmental.

We appreciate the invitation, highlighting the importance of implementing initiatives collaboratives like the Legislative Environmental Agenda. We believe that the incorporation of different perspectives in the analysis process, enriches the debate and promotes alternatives for development of public policies in environmental matters. Likewise, we believe that such contribution to society allows to make visible the existing projects in the congress, examine their content, participate in public debate, monitor the legislative process, among other virtues that they strengthen the foundations of a transparent and participatory democratic system.

Access the full report

2020 CPA Legislative Environmental Agenda

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Gender training: a growing demand for our rights

During the month of March, we carried out two trainings for important social actors: health professionals and the public administration of the Province of Córdoba.

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

Gender at work: the gaps we inhabit and don’t see

On Thursday, March 12, we trained the personnel of the Property Registry of Córdoba, on gender and work. It had the objective of identifying the gender inequalities that exist in the formal and informal labor market, and in the paid as well as in the unpaid, to begin to reflect on the possible ways to combat them.

In a room made up mostly of women, the presence of a few men was significant and valuable in the sense of being a clear proof of the cultural change that is taking place in our society.

With comments, data contributions and questions, the people who participated in the training showed their amazement at the gender inequalities that exist in the different work environments and their interest in thinking about new strategies and lines of action to advance in gender equality. in these spaces.

Conscientious objection: the Trojan horse in the Voluntary Termination of Pregnancy laws

On Friday, March 13, we carried out a training aimed at the Network of Health Professionals for the Right to Decide. The objective was to learn about the uses and abuses of conscientious objection in the health field, and fundamentally, in sexual, reproductive and non-reproductive health services.

Conscientious objection is a legal institute that allows exemption from a certain obligation when it contradicts a person’s moral, ethical or religious convictions. However, it is often used in an abusive way, and it becomes an obstacle when it comes to guaranteeing fundamental rights, such as access to termination of pregnancy in cases where it is legal.

In a scenario in which the discussion on the law of Voluntary Termination of Pregnancy is looming, it is important to know the fundamentals behind this type of institutions, and the experiences existing so far in its practice and regulation.

Training as a guarantee of human rights

We celebrate these instances of training aimed at State agents, accompanying and legitimizing the provisions of the Micaela Law.

We understand that the gender training of these actors is essential to guarantee the rights of all people, and translates achievements achieved after years of struggles by social movements, women and LGBTIQ + people.

Contact

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

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A quarantine with rights

The world is going through extraordinary circumstances. The need to adopt urgent measures such as social isolation have changed our daily lives and put public health and security in tension. However, the policies implemented cannot forget the rights of citizens.

“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 situation of public knowledge of the progress of COVID-19 has necessitated the adoption of urgent measures whose objective is the protection of public health. The isolation and social distancing measures are supported by the scientific evidence that is beginning to be collected about the outbreaks of contagion of the pandemic. The World Health Organization recommends these measures and its representatives have recognized the Argentine government for its decisions that can limit the spread of this disease early on. As in other public health issues in which we have worked for years, Fundeps emphatically supports public policies based on scientific evidence and in line with the recommendations of specialized bodies in the field.

In this context of health emergency, it is essential to become aware of the importance of respecting quarantine in order to protect public health and guarantee the functioning of the Argentine health system. Failure to comply with the isolation measures, and the consequent risk for the population that this causes, allows the State to take sanctioning measures against those who violate it. However, it is also important to point out that, in the face of the initiation of a sanctioning process against a person who violates isolation, it is necessary that the acting security forces strictly comply with the legal procedure established for such a case, and respect all rights and the constitutional guarantees that, even in this state of emergency, remain in full force.

Those exceptions in which a person is allowed to circulate, undoubtedly should not be used by citizens as a pretext to violate preventive and compulsory social isolation. However, in the event of a permitted movement (For example: food supply), whoever is questioned by the security forces, must have the possibility of providing information to said personnel in order to make known the reasons for their movement. , that is to say, to exercise your release. A coercive measure by the police, should only find support in the existence of “enough reasons” (objective circumstances noted by the police officer at the time of the control) that allow us to assume that the person is actually violating the quarantine and that is not enabled to circulate (eg health professionals), but allowing before, worth the redundancy, to discharge it.

On the contrary, an arrest that does not take into account the reasons given by the person who circulates or even offers the possibility of giving them, will not only violate those constitutional guarantees that restrict the adoption of this type of measures (existence of enough reasons to proceed with the arrest and right of defense), but it will also make the exceptions contemplated by the DNU illusory Thus, any person who circulates on public roads should be detained and only after going through the entire procedure, could provide the reasons for their circulation to the competent judicial official. If so, this could cause an overflow in the places destined to house detainees, with the consequent overload of the minimum judicial system that is currently dealing with such cases.

Beyond the aforementioned, in cases in which security forces personnel detect a violation of quarantine and detain the person in question, the procedure must respect the dignity of the person without incurring degrading treatment, and using the force only when necessary. Furthermore, the procedural rules in force in each jurisdiction must be complied with, that is, immediately notify the competent judicial body, seeking the effective right of legal assistance and defense.

Finally, the application of inspection tasks should not be oriented and systematically directed to the “control” of those sectors in vulnerable situations. The guarantee of non-discrimination should not be ignored when supervising quarantine compliance, directing controls only to a certain population sector, but its scope should be general.

The existence of a state of sanitary emergency requires the responsibility of all citizens in complying with the quarantine measure. Failure to comply with such a measure undoubtedly demands a sanction to guarantee the health of the entire Argentine population, but must not lead to excesses, arbitrariness and abuse of authority by the security forces, seeking a quarantine with full validity of our rights.

From society, we must avoid acting by underestimating the number of cases existing today, which may seem few or with numbers that are not alarming enough: the behavior of the pandemic has already shown exponential growth in other countries. This is why it is necessary to think about the possible contagions of tomorrow, and especially the impacts on the health of those people belonging to the risk group and / or in a vulnerable situation.

Since the appearance of COVID-19, the need to review from the State and from all of society, the way of linking ourselves, both individually and daily and globally, has become evident. It is necessary that we collectively manage to take advantage of these circumstances to build ties, ways of relating that include citizenship, mutual respect and towards our environment, as starting points. Public health will be better protected with an active citizenry, responsible for the fulfillment of its obligations and capable of exercising its rights.

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Firm: Fundeps´s team