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We were present at the Conference: ‘Rethinking the role of foreign investment and the New Silk Road in Latin America’

On March 2-3, the conference on foreign investment and the New Silk Road in Latin America and the Caribbean was held on the campus of the National University of San Martín in Buenos Aires.

“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 March 2 and 3, the conference ‘Rethinking the role of foreign investment and the New Silk Road in Latin America and the Caribbean‘ organized by Transnational was held on the campus of the National University of San Martín (UNSAM). Institute (TNI) and UNSAM.

Both days, exponents participated not only from Argentina, but also the presence of specialists from Chile, Bolivia, Brazil, Mexico and Peru. On the first day of the conference, issues such as the role of foreign direct investment (FDI) for sustainable development in the current context of climate crisis were addressed; FDI in Latin America, including Chinese investments and the key sectors in which they are located. In addition, the potential implications of the region for the New Silk Road were discussed.

As the main conclusions of the first day, we can mention China’s need for extractive primary resources, the main reason for its relationship with Latin America and the Caribbean. The transfer of Foreign Direct Investment (FDI) of environmental impacts to the countries of the region. Finally, the continued violation of Chinese investments to Convention 169 of the International Labor Organization (ILO) on the right to free, prior and informed consultation for indigenous peoples.

On the other hand, on the second day there was a greater exchange of opinions between the speakers and the public present, respecting the topics agreed in the Program, such as Chinese FDI in the region, specifically the characteristics, impacts and challenges they face. Latin American countries, with emphasis on Argentina, Brazil, Mexico, Bolivia and Chile. Lastly, the topics that generated the greatest exchange of opinions were the relationship FDI-sustainable development models and, on the other hand, what is the type of FDI that we want, that is, if it can contribute to national development taking into account ecological sustainability .

Regarding the second day, the questions that had great force were those regarding which pattern China follows in the different countries of the region. Thus, issues such as the growing demand for lithium by China, its association with companies from other states to obtain their technology (technology transfer), the expansion of bi-oceanic projects, hydroelectric dam projects and the increase in ecoterritorial conflicts, due to mention some.

In our region, in recent decades, Chinese investments have grown exponentially, exceeding investments by traditional multilateral organizations (such as the World Bank and IDB). With these investments comes the lack of controls, environmental and social impacts, and human rights violations. However, the asymmetric relationship that exists between the region and the Asian country cannot be overlooked, reproducing the classic unequal patterns of relationships that have characterized Latin America and the Caribbean, formerly with the United States and Europe, now with the People’s Republic from China.

Consequently, it is important to create greater articulation between civil society, academia, affected communities and all those interested parties to demand a more egalitarian form of relationship and compliance with environmental and social standards, absent so far. It is within this framework that our participation in the conference and Fundeps’ interest in strengthening ties with both national and international academic institutions that address the issue of Chinese investment and its impact on the environment and human rights are framed.

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Author

  • Sofia Brocanelli

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We participate in the consultations of the new IDB Environmental and Social Policy Framework

In the framework of the process of reviewing the environmental and social policies of the Inter-American Development Bank, we participated in public consultations held in the cities of Buenos Aires and Washington DC. Together with a group of civil society organizations, we raised certain concerns and recommendations regarding the review and consultation process, as well as the content of the draft of the proposed Environmental and Social Policy Framework.

“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 January, the IDB began the public consultation process on a new Environmental and Social Policy Framework (MPAS), which has included, up to now, face-to-face and virtual consultations in the cities of Brussels (Belgium), City of Panama (Panama), Kingston (Jamaica), Lima (Peru), Buenos Aires (Argentina) and Washington DC (United States). In addition, the reception of a first round of virtual comments regarding the draft is contemplated until April 20.

From Fundeps, we participated both in the face-to-face public consultation carried out on March 10 in the City of Buenos Aires and in the consultation carried out on March 13 in the city of Washington DC. In turn, we plan to send written comments regarding the draft released by the Bank in the framework of a joint work we have been carrying out with a group of civil society organizations in the region.

In general terms, the draft MPAS proposes two different sections: a Policy Statement that basically establishes the roles and responsibilities that will correspond to the IDB in terms of compliance with the socio-environmental provisions and requirements of the new Framework; and a second section that includes the detail of the Environmental and Social Performance Standards with which the borrowers must comply. The draft proposes the inclusion of ten Standards: 1. Assessment and management of environmental and social risks and impacts; 2. Work and working conditions; 3. Efficiency in the use of resources and pollution prevention; 4. Community health and safety; 5. Land acquisition and resettlement; 6. Conservation of biodiversity and sustainable management of natural resources; 7. Indigenous peoples; 8. Cultural heritage; 9. Gender equality; and 10. Stakeholder participation and disclosure of information.

The IDB has argued that the proposed MPAS is based on five guiding principles: the non-dilution of current policies; results orientation (that is, effective implementation); the proportionality of the responsibilities and the established requirements regarding the level of risk of the project; transparency and the idea of ​​”doing good” beyond “doing no harm”.

However, the analysis that we have carried out together with the rest of the organizations involved in this process allows us to glimpse that, at least as proposed, the current draft is far from effectively complying with each of these guiding principles. In general terms, a dilution of policies and socio-environmental protection can be seen in many of the Performance Standards; it is not clear how effective the implementation of said MPAS will be; The idea of ​​proportionality is not reflected in many sections of the draft; and practically no sections can be identified in the draft that propose “doing good” in the sense that the Bank proposes: that of facilitating more sustainable social and environmental results.

In turn, the entire review process being carried out by the Bank is far from being transparent and “offering significant opportunities for participation by all interested parties” as established by the IDB. Precisely, as usually happens with the consultation processes carried out by the IDB, this process has had important shortcomings, especially in the objective of achieving effective participation by stakeholders.

We have duly expressed all these criticisms and problems to the Bank’s representatives in each of the consultations in which we participate and we accompany them with specific recommendations and suggestions that they should take into account when preparing the next draft of the Framework. In addition, these recommendations will be sent in writing in advance before the expiration of the term to send comments virtually.

Having completed the public consultations and once the period for receiving comments and suggestions virtually ends, the Bank must prepare a new draft of the Environmental and Social Policy Framework to be presented to the Board of Directors. Subsequently, the new Draft will be published for a new round of virtual comments for a period of 30 days, according to the Public Consultation Plan approved by the Bank’s Executive Board. Upon completion of this period, the IDB will develop the final version of the Framework that will be submitted to the Policy and Evaluation Committee of the IDB Board for final evaluation.

The IDB is a member of the IDB Group. It is a source of long-term financing for the economic, social, and institutional development of Latin America and the Caribbean and, unlike IDB Invest that invests in private sector projects, the IDB is responsible for investment in the public sector.

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The path of Civil Society towards the Escazú Agreement

Together with other organizations of the Civil Society of Latin America and the Caribbean, we prepare a working document that reflects the contributions and lessons learned in the negotiation process of the Escazú Agreement.

“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 document was carried out in the framework of the work of the Regional Observatory of Investments, Transparency and Human Rights (composed of various civil society organizations in Latin America and the Caribbean, many of them authors of this publication), as part of a collective effort for making known from our experience the contributions and lessons learned from the negotiation process of Principle 10 so that they can be incorporated into the current signature and ratification processes of the Escazú Agreement.

Thus, what is described in this document responds to the achievement of a regional aspiration: the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean, now the Agreement on Escazú, the first regional instrument of environmental rights, which represents a historic opportunity for the materialization of environmental democracy and the consolidation of citizenship, especially those groups that have been historically and systematically discriminated, such as indigenous peoples.

The publication summarizes the internal processes in various Latin American countries aimed at the approval of the Agreement, in particular, from Argentina, Brazil, Colombia, Mexico, Nicaragua and Peru.

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Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Argentina will continue betting on the PPP contract modality?

With the law 27,328 approved in 2017 on the modality of Private Public Participation contract, the previous Argentine Government intended, among other objectives, to reduce the country’s infrastructure deficit, while leveraging private investment. After having confirmed only a handful of projects of those initially raised, and taking into account the criticisms existing in other countries and regions regarding this type of contracting, the question that arises is how effective this contracting modality has been so far , and what decision the new Government will make regarding the continuity or not of both the confirmed and pending projects; as of the decision to promote PPPs to boost infrastructure in the country.

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

The contract modality of Public Private Partnerships (PPPs) or Public Private Participation (PPP) are medium or long term agreements between the State and a private sector company. PPPs apply to projects related to public infrastructure and the provision of social services that have a deficit in their financing. Therefore, together with private and governmental agents, it participates in the provision of services such as water, transportation, road infrastructure, energy, among others. (More information about APPs)

The need for capital, technology and resources has been and is necessary in our country due to the deficit that exists in infrastructure. Therefore, the PPP contract modality has been presented as an alternative to end or reduce this imbalance. Since 2000, Argentina has a legal framework that regulates PPPs, one is Decree No. 1299 of year 2000 and the other is Decree No. 967 of year 2005. However, due to changes in the international economy , these instruments were obsolete, so in 2017 a new law was approved that regulates the application of the PPP, Law No. 27,328 and its Decree 118/2017. The difference between this instrument and the previous ones is that the current one excludes or limits the prerogatives of public law of the Administration as the ability to unilaterally modify the contract, making it impossible for the private contractor to invoke the breach of the State to suspend its benefits, among others.

The Subsecretariat of PPP is the body responsible for regulating this type of contract modality. This unit, before the assumption of the current government, was in charge of 5 National Directorates: the Executive Coordination of PPP Projects, Energy and Mining Projects, Transport Projects, Communications and Technology, Water Projects, Sanitation and Housing, and Health, Justice and Education. Currently, on the occasion of the change of government, modifications are being made in this unit. So now, the PPP Subsecretariat is responsible for 3 national directorates: the National Directorate of Information and Monitoring of PPP Projects, the National Directorate of Technical Evaluation of PPP Projects and the National Directorate of Legal and Regulatory Project Analysis of PPP.

It is important to mention that the High Level Reporting Mechanism (MRAN) was also implemented in the PPP Tenders that collaborates with the Anti-Corruption Office. This mechanism is a tool for preventing corruption and / or committing ethical irregularities. It aims to provide private sector companies and other parties that are participating in the bidding process, a reliable, specific channel known to all to report alert situations such as unethical behavior and offer of bribes.

As for the projects, once the law entered into force, an Argentine Government Plan was presented that contemplated the completion of 60 PPP projects between 2018-2022 for USD 26 billion. In this framework, from Fundeps, requests for information have been made to the national State to consult for more information on this type of contract such as the organizational structure that guarantees it, the entities responsible for monitoring, and what are the projects that are in March and in what sectors.

One of the largest projects currently being developed is the ‘Highway Network and Safe Routes PPP- Stage 1’ which began in June 2018, being awarded to National and International Public Tenders for the contracting of the design, construction, expansion, improvement, repair, remodeling, operation, maintenance and commercial exploitation of different National Road Corridors. Just to mention, this process had the participation of 10 consortia composed of 19 national and 7 international companies that submitted 32 offers in total.

However, when asked about the participation in this type of projects of any of the international financial institutions such as the IDB, IDB Invest or World Bank, from Nation they could not provide us with such information, despite the fact that they exist on the websites of said projects institutions, information linked to the realization of works with this type of modality.

Undoubtedly, the short period of validity of the new regime, as well as its poor implementation in only a handful of projects to date, added to the context of the economic crisis that the country has experienced in recent years, make it impossible to do an accurate balance of how effective or not this contracting modality has been to achieve the objectives set.

With the new government, it will be necessary to follow up on the projects that are underway and observe what position it will take according to the projects that are still to begin, since the package of projects covers from the year 2018 to 2022. In turn, It is worth considering whether the new government will follow in the footsteps of its predecessor, seeking to promote this type of contracting modality to carry out infrastructure works and attract private investment or if, on the contrary, it will resort to either more traditional options that are based on strong participation and financing of the public sector; or rethinking the APP mode in some way.

Regardless of this, and already having legislation that allows this type of contracting modality, from Fundeps we consider it a priority that, when thinking and promoting this type of projects, the problems and deficits that have had in the past are taken into account and they currently have PPPs in other countries of the region and the world. Problems that are widely documented and that can serve as lessons learned to avoid damages and enhance the benefits of this contracting modality to strengthen national infrastructure.

* The information provided has been modified according to the website of the Head of Cabinet where the new government management has modified the number of national addresses. It is important to clarify that they are still updating the contents of the site according to Decree 7/2019.

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Authors

Sofia Brocanelli

Gonzalo Roza

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Public consultations begin on the new IDB environmental and social policy

The Inter-American Development Bank (IDB) began the process of public consultations on the new Framework for Environmental and Social Policy. It will have both face-to-face and virtual instances and will be extended throughout the year 2020.

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

With a statement on its website, the IDB announced the start of virtual and face-to-face public consultations on the draft of the new framework for environmental and social policy. According to the bank, this new framework aims to strengthen the environmental and social sustainability of the bank’s operations and, in turn, be more effective in responding to the challenges faced by the countries of the region to achieve the long-awaited growth. sustainable.

The Environmental and Social Policy Framework contemplates safeguards policies, lessons learned and good practices accumulated over the years. In addition, the policy mentions the bank’s commitment to environmental and social sustainability, and the 10 performance standards that borrowing member countries must meet.

Also, the draft policy contemplates environmental and social risks and impacts and highlights advances in human rights, gender equality, non-discrimination and stakeholder participation.

According to the consultation plan approved by the IDB Executive Board, the public consultation process will be significant, inclusive and transparent. However, a large part of civil society that has been working on agendas linked to the IDB over the last few years doubt that this is really the case, being guided by the bad experiences of the most recent public consultations carried out by the institution, which They characterized by their shortcomings in terms of public participation and transparency.

In-person consultation processes will take place at the Bank Headquarters in Washington D.C. and in some countries of Latin America and the Caribbean, Europe and Asia. Those interested in participating in face-to-face consultations may do so by registering here.

On the other hand, those who want to participate in virtual consultations, can send comments on the draft of the new policy through the website www.iadb.org/es/mpas or by sending an email to bid-mpas@iadb.org. The first phase of comments can be made until April 17.

Why is it important to participate?

For several reasons, it is necessary that civil society, citizens and, above all, indigenous communities and communities affected or potentially affected by IDB or IDB Invest operations actively participate in this process, contributing their experience and its recommendations and suggestions regarding the environmental and social safeguards of the institutions.

First, because both the IDB and the IDB Invest are, today and despite the diversification of financial actors operating in the region, key actors in financing for development in Latin America and the Caribbean. According to the Bank itself: in 2018, with a historical amount of US $ 17,000 million approvals, the IDB and the IDB Invest were consolidated as the main source of multilateral financing for Latin America and the Caribbean. The IDB approved a total of 96 sovereign guaranteed loan projects for a total financing of more than US $ 13.4 billion, and disbursed more than US $ 9.9 billion. In turn, 2018 was a record year for IDB Invest, with approvals of US $ 4,000 million, 26% more in volume and 21% more in number of transactions than the previous year. The IDB Invest extended its support to sectors such as infrastructure and Fintech, adding to education, tourism, water and sanitation, transport and energy. In the case of Argentina, the IDB has historically been the main multilateral partner for the country’s development, with an average of recent annual approvals of US $ 1,360 million. The current active portfolio with the public sector is 54 operations for an approved amount of US $ 9,206.4 million and an unpaid balance of US $ 3,874.7 million, according to the information provided by the Bank itself.

Second, because a robust and effective system of environmental and social safeguards is key to avoiding the impacts at the socio-environmental level that, in many cases, bring infrastructure projects financed by institutions such as the IDB or the IDB Invest. When the design, application or implementation of environmental and social safeguards fails in these types of projects, the impacts and consequences especially in the communities involved are often complex, and unfortunately in many cases, irreversible. Cases such as Camisea in Peru or Hidroituango in Colombia reflect the bitter consequences of the bad, or even the lack of application of socio-environmental safeguards in projects financed by the IDB Group.

Third, because an active, informed, responsible and coordinated participation by the key actors of civil society and the indigenous and affected communities of the region would contribute to the objective of avoiding a possible (and latent) dilution of the system of environmental and social safeguards from both the IDB and the IDB Invest. Recent experiences of dilution of environmental and social regulatory frameworks after review and “modernization” processes not only in related institutions such as the World Bank or the International Finance Corporation (IFC), but also in the national regulatory systems of the countries of The region clearly reflects a trend that the IDB Group seems not to want to escape.

Sofia Brocanelli

Gonzalo Roza

Contact

Gonzalo Roza, gon.roza@fundeps.org

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“Care Prices” that neglect

On January 7, 2020, the national government announced the updated list of products included in the “Care Price” program, which includes 310 articles of various consumer categories. We analyze the program especially considering the lack of concordance between the choice of food and beverages and the current degree of malnutrition in our country, led by overweight and obesity.

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

The new care price list includes more sweet cookies than whole grains. It contains only one class of legumes, numerous options of sugary and alcoholic drinks, table sugar. Only four vegetables and one type of fruit, cuts of meat with high fat content and products derived from it highly processed as medallions of industrial meats and sausages. It also offers yogurts and dairy desserts with high sugar content and highly processed industrial broths, mainly exceeded in sodium.

This program includes various products included in the basic food basket, whose structure dates from information provided by the National Survey of Household Expenditures (ENGHo) 1996/97, re-validated with the consumption pattern thrown by the same 2004/05 survey . This basket, although it reflects eating patterns of the Argentine population, reinforces the consumption of less healthy and strongly entrenched foods at family tables today.

These types of economic public policies, due to the nature of their impact, also form part of the food policies. In this regard, they should be planned and designed while integrating the standards proposed for healthy eating by human rights organizations and recognized international institutions such as the World Health Organization (WHO), the Pan American Health Organization (PAHO) and Food and Agriculture Organization of the United Nations (FAO).

In line with these recommendations, it is necessary to encourage the consumption of whole grains and legumes, as well as fruits and vegetables, since they are the foods with the lowest consumption in our country despite their high nutritional quality. Also contribute to increase the consumption of lean fish and meats before highly processed meat products and also stimulate the consumption of drinking water instead of soda and excessively sugary juices.

The “care prices” program, as well as its previous versions, does not respect in any way the guidelines that organizations such as PAHO, WHO and FAO are recommending in order to reduce the current epidemic of overweight and obesity that leaps and bounds grows. Currently in our country, according to the Second National Survey of Nutrition and Health (2019), 67.9% of the adult population is overweight as well as 41.4% of the child population.

Likewise, these price agreements grant a preponderant role to the ultraprocessed products industry in the definition of food policies. The State, understanding the alarming panorama of excess weight in our population, must regulate based on scientific evidence and boost the consumption of quality food, while discouraging the consumption of unhealthy products.

In this way, policies must be thought of in an integral manner, even when the “Care Price” program is intended to contain the inflationary process and reduce its impact. As the doctor Luis María Delupi maintains, it is about:

“… A purely economic measure that arises from the Ministry of Economy, not that of health and that seeks to put an anchor price on most of the“ foods ”chosen by most Argentines and that are reflected in the basic family basket, seeking Resolve the emergency from the economic. But it is far from being a stimulus to the consumption of healthy and nutritious foods. ”

Concluding on the basis of all the above, it is stated that this policy promotes the consumption of foods rich in fats, sugars, sodium and refined flours; poor in vitamins, minerals and fiber and of very poor nutritional quality. It thus becomes less convenient and less accessible to consume real, quality food, without packaging, with few ingredients and nutrients. So, what can we demand from healthy habits and customs to a population whose consumption is strongly violated by an unfavorable environment when it comes to accessing and choosing healthier options?

Author

Agustina Enei

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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LETTER TO THE INTENDENT MARTÍN LLARYORA: We need policies that address the problems of our city

Following the opportunity represented by the change of management at the municipal level, we want to express ourselves on key issues for the future of our city. Therefore, we jointly address other Cordoba organizations to the new Mayor of Córdoba, Martín Llaryora, with the aim of making recommendations regarding structural problems that cause serious damage to human rights.

“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”.

Within the framework of the assumption of the new municipal management, there are unattended situations for years that need an urgent response. Through an open letter, we announce in ten points what these problems are and we make ourselves available to the new cabinet to work in an articulated way.

The ten points are summarized in:

  1. Environmental and health emergency in the Chacras de la Merced neighborhood
  2. Solid Urban Waste
  3. Urban Planning and Development
  4. Gender parity in the cabinet
  5. Trans labor inclusion and quota law
  6. Access to Legal Disruption of Pregnancy in Primary Care Centers
  7. Application of the Micaela law
  8. Access to public information
  9. Healthy school environments
  10. Smoke-free environments and protection of the non-smoker

These are 10 points, which are not exhaustive or exclusive of other problems, but require an urgent response because of the critical situations they represent. We hope that in the next 4 years we can articulate a joint work to continue advancing in the fulfillment of the human rights of the Cordoba community.

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Contact

Carolina Tamagnini, carotamagnini@fundeps.org

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The responsibility of accountability mechanisms to protect human rights: ICIM Case

The ICIM, accountability mechanism of the IDB and IDB Invest, on the occasion of increased reprisals towards applicants, has worked to improve the capacity of its team in dealing with these situations. Consequently, it has developed a series of Guidelines to address the risk of reprisals in the management of applications that will take effect in 2020.

“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 IDB and the IDB Invest have an accountability mechanism (IAMs), the Independent Consultation and Investigation Mechanism, better known as ICIM.

The accountability mechanisms have been created by the IFIs so that communities can file claims against possible damages that have been caused by the investments that banks make and, therefore, that are not complying with environmental, social standards and transparency according to which the institutions carry out their work. The characteristics of this type of mechanisms are adapted to the UN Guiding Principles on Business and Human Rights, specifically its pillar 3 of access to reparation mechanisms by victims.

However, it has been frequently observed that applicants who file complaints in the ICIM suffer from reprisals, manifested in various ways. This does not cease to endanger the life of the applicants, who in most cases are environmental and / or human rights defenders. In 2018, the mechanism observed an increase in cases where confidentiality is requested for fear of reprisals or acts of intimidation towards the communities in which the Bank-financed project is being developed.

For this reason, the ICIM developed the toolkit ‘Guide for IAMs on measures to address the risk of retaliation in claims management’. This guide aims to assess the level of risk that would involve the intervention of a mechanism and what are the ways to prevent, mitigate, reduce or address it. In both sections, the document provides tools to guide the mechanisms and their respective institutions on what steps should be taken to address these situations.

In Latin America, environmental and human rights defenders suffer constant violations of their rights. For this reason, and in order for financial institutions to become more aware of this problem, the mechanism met with the office of the UN High Commissioner for Human Rights. The central conclusion of this meeting was to ratify the centrality that human rights should occupy in financing for sustainable development. As a result, the ICIM, starting in 2020, will have the ‘Guidelines to address the risk of retaliation in the management of applications’.

The Guidelines have been created so that applicants, given the risk of reprisals before or after making a complaint before the mechanism, can effectively apply the MICI-IDB and MICI-IIC Policies. They constitute a tool to implement in regions or areas where there is simply the risk of retaliation.

The Guidelines will be used according to factors that create, increase or aggravate the risk of retaliation by applicants before the Mechanism; It is also intended to work with applicants to reduce and address the risk factors that are identified.

The guidelines document addresses the principles for case management where retaliation risk is detected. Some of these principles are:

  • Zero tolerance for retaliation,
  • Participatory and continuous risk assessment;
  • Action without damage;
    Honesty and transparency about the ICIM mandate on reprisals.

The guidelines should serve as a guide to train the entire work team in Retaliation Risk Management, disseminate the guidelines and provide training to other IDB Group units. In addition, it makes the document available for any institution to use, provided they do not alter its content.

Finally, the guidelines will have to be shared with applicants at the registration stage to analyze the existence of retaliation risk. If so, an ICIM team must prepare a Retaliation Risk Analysis (ARR). According to the level of risk identified in the analysis, the Mechanism team will develop a Joint Plan to reduce retaliation risk (PCRR) that may establish prevention or mitigation measures.

If these guidelines are applied correctly, it would mean an advance in the protection of environmental and human rights defenders, as well as communities, who make claims due to the negative social and environmental impacts of projects financed by international financial institutions.

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Author

Sofia Brocanelli

Contact

Gonzalo Roza, gon.roza@fundeps.org

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We reject the modification of the mining law in Mendoza

The Governor of Mendoza, Rodolfo Suárez, endorsed the reform of the law that protects the water of his province, to end the ban on the use of cyanide and other toxic substances and to remove the need for the Environmental Impact Statement (DIA) For metal mining projects, it must be ratified by the provincial legislative body. This modification implies a setback in the levels of environmental protection.

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

Law 7722 in force in the province of Mendoza began to take shape in 2005 when, in the face of the interest of mining companies to settle in the Uco Valley, residents began to inform themselves and mobilize in defense of water. The law was approved by the Mendoza legislature in 2007 and ratified by the Mendoza Supreme Court in 2015 before about ten requests for unconstitutionality filed by mining companies. This law does not prohibit mining, but prohibits in the territory of the province of Mendoza, the use of chemical substances such as cyanide, mercury, sulfuric acid, and other similar toxic substances in mining processes, in pursuit of water protection and of agriculture

The draft modification of the law of Governor Rodolfo Suárez, seeks to introduce changes in the essential articles of the law, proposes to eliminate the prohibition of the use of chemical substances –except for mercury- and toxic substances “in metal mining mining processes, prospecting, exploration, exploitation and / or industrialization of metal ores ”; on the other hand, it seeks to remove the need for the Declaration of Environmental Impact (DIA) for metal mining projects to have to be ratified by the provincial legislative body. It aims to promote large-scale metal mining activity in the province of Mendoza.

This modification not only violates the environment as an integral legal good, but also implies the violation of the principles that order the environmental microsystem, in particular the principles of irretroactivity and progressivity established in the General Environment Law (Law 25.675), meaning a setback in the levels of protection already existing in the province. To this must be added the lack of water suffered by the Mendoza area, attentive to the fact that it has a water emergency declaration for more than ten years. The right to water constitutes a basic human right, a fundamental public good for life and health insofar as it is a necessary condition for the enjoyment of other human rights. Thus, in protection of this human right, it is that law 7722 was enacted that today the Mendoza government intends to modify.

It is a primary duty of legislators to listen to citizens who have been mobilizing for years and expressing their rejection of this project during these days. As the Superior Court of Justice of Mendoza will express, the Mendoza decided by law 7722 the productive model they want to develop, it is the right of each society to decide, define and manage the way it adopts to progress. Given these circumstances, we express our concern and rejection of the attempt of the Government of the province to modify the current law.

Author

Maria Laura Carrizo

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Now yes: There is updated ILE Protocol

With the assumption of the new president Alberto Fernández on December 10, and after recovering his category of Ministry the health area, the third update of the National Protocol for the comprehensive care of people entitled to health was published in the Official Gazette legal termination of pregnancy. Update that a little less than a month ago was vetoed by former President Mauricio Macri, after his own Secretary of Health Adolfo Rubinstein gave him momentum.

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

After the comings and goings of the previous government regarding the publication and after the repeal of the update of said Protocol, the current Minister of Health Ginés González García, a day after taking office, held a press conference at Casa Rosada in which announced that the update of the Protocol would be published in the next few hours. So it was.

Through Resolution No. 1/2019 published on December 13, what González González García had already anticipated was reflected: this protocol is an imperative of the national health policy on sexual and reproductive health.

It is nothing more than a procedural guide to guarantee the rights already stipulated by law. It also provides support to professionals who must comply with it, due to the intimidation suffered in recent times by anti-rights groups.

The update of the Protocol has few variants with respect to the previous one, resolved by Secretary Adolfo Rubinstein. One of the most relevant is the flexibility regarding conscientious objection to ensure that it does not prevent the legal interruption of pregnancy. On this issue, González García said, “we are respectful of conscientious objection, but it cannot be an institutional cut so that the law is not fulfilled.”

It is important to highlight this issue, due to what happened this year in the Province of Tucumán with the Lucia case, in which health officials hindered the realization of the ILE, waiting at 7 months of gestation to perform a caesarean section against The will of the girl. All kinds of pressure was exerted against her and her family, in addition to the violation of her rights.

In this regard, the Minister also spoke, trusting the accession of the Provinces to the Protocol so that, in this way, the rights of those who can and wish to access an ILE, and professionals who have the duty to comply with the law.

It is important to highlight that the first Protocol was prepared in 2007 during the first administration of the current Minister, and then it was updated in 2010 and 2015, when the provisions made by the Supreme Court were incorporated in the FAL Judgment of 2012 .

On this occasion and in line with the recently repealed Protocol, the update was carried out in accordance with the new Civil and Commercial Code sanctioned in 2015, and with the latest recommendations made in this regard by the World Health Organization (WHO).

One of the relevant issues in this regard is that according to the Argentine Civil and Commercial Code, a pregnant person from 16 years of age is considered an adult. Therefore, your informed consent is sufficient when requesting the application of an ILE.

Main topics

Due to the short time elapsed between the update of the Protocol by Secretary Rubinstein and the current one, the central points continue to be basically the same, as explained by Fundeps before.

It is important to continue emphasizing that the Protocol aims to “guarantee the dignity and rights of every person capable of gestating and, therefore, potential subject to the right to ILE, when their life or health is in danger, or they are taking a pregnancy product of a violation, regardless of whether it is a person with or without a disability ”.

Therefore, its main points are:

  • Reaffirms the ILE as the right of women and pregnant people.
  • The consent is adapted to the new Civil and Commercial Code, respecting the progressive autonomy of children and adolescents and people with disabilities and capacity constraints.
  • According to the CCyC of the Nation, from the age of 16 the pregnant person is considered adult.
  • Between 13 and 16, you can autonomously request an ILE when it does not involve a serious risk to your health or life.
  • It recognizes the possibility of conscientious objection, but states that it cannot be an obstacle to access to the ILE.
  • It guarantees the speed. The deadline between the request of the ILE and its completion must not exceed 10 calendar days. If a doctor is a conscientious objector, he must refer one who is in less than 24 hours.
  • It gives security to health workers to carry out the practice.

The situation in the provinces

On this issue, the new Minister was also issued by saying that “in a federal country, much depends on the adhesion of the provinces. There are already many that are attached, but unfortunately some large provinces, such as Buenos Aires for example, did not approve the protocol. ”

Recall that in 2012, the FAL ruling urged the national State and the provinces to provide the necessary conditions to carry out legal interruptions of pregnancies quickly, easily and safely.

Until today, still 7 provinces unfortunately did not have their own regulations or adhere to the protocol of the Nation. Santiago del Estero, Tucumán, Corrientes, Mendoza, San Juan, Catamarca and Formosa, were part of this number.

The good news is that after the announcement of the Ministry of Health of the Nation, the Undersecretariat of Human Development of the province of Formosa, declared in a local environment that the province adheres to the Protocol since 2015 “always preserving the victim, point by which the adhesion in the province was not announced ”.

Beyond the reading that can be made of this statement, the important thing is that finally one more province pronounced itself publicly regarding its adherence.

The words of the Minister stating that “we do not believe that it is easy or that the protocol itself changes history, but we are willing to change history far beyond the protocol”, is a halo of hope that brings this new government, in The fact that the advancement of recognition of rights, the decriminalization of abortion and the legalization of voluntary termination of pregnancy no longer seem as distant or difficult to achieve, and we hope that they will soon be a reality.

Author

Valentina Montero

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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We present amicus curiae in defense of reproductive freedom in Córdoba

This Monday we present ourselves as “Friends of the court” in the case before the Court No. 7 of the province of Córdoba, by Dr. Susana Ottogalli de Aicardi, following the complaint of women victims and professionals in the area of primary health against the service of the Provincial Maternal and Neonatal Hospital Dr. Ramón Carrillo.

“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 Córdoba Public Interest Law Clinic (CLIP), with the support of the Catholic Civil Association for the Right to Decide and the Latin American Justice and Gender Team (ELA), denounced in early October the breach of Provincial Law No. 9344 of Surgical Contraception at the Maternal and Neonatal Hospital of Córdoba, for the systematic violation of the reproductive freedom of women users of the health system.

The presentation details the historical and systematic obstruction of access to tubal ligation, through institutional violence and different attacks on the dignity of women seeking access to the surgical contraception service.

In our brief, we bring to the Court relevant factual and legal grounds for the defense of the right to health and a life free of violence. Specifically, we prepare a brief updated summary of the recommendations, observations and pronouncements of international organizations that oversee the application of human rights treaties, which have constitutional hierarchy in our country.

The denial or obstruction of access to sexual and reproductive rights that involve life free of violence, non-discrimination of any kind, family planning, as well as access to health services and the information necessary to fully exercise them , constitute acts of violence, especially if they are exercised on women.

It is the duty of the State to guarantee women the full enjoyment of their rights and to prevent and punish those who do not facilitate or guarantee access to essential services to women, in conditions of security and accessibility.

It is essential that Justice be issued in favor of the effective realization of human rights, especially of the groups most historically violated and on issues of essential importance such as the right to health. The denial or obstruction of access to these rights constitutes a serious act of violence against women, which must cease immediately, by virtue of the international commitments assumed by our country, and in respect to human rights and our current legal system.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Request an ANMAT to update your National Drug Vademecum

Within the framework of our work for access to sexual and reproductive rights from a public health perspective and respect for human rights, we request the National Administration of Medicines, Food and Medical Technology (ANMAT) to update its list of authorized medications in the country, according to the medicines that appear in the Model List of Essential Medicines of the World Health Organization. In addition, we ask that you create a national list of essential drugs for primary care.

“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 World Health Organization has a Model List of Essential Medicines (LMME), which consists of those medications that cover the population’s priority health care needs. Their selection is made according to the prevalence of diseases and their safety, efficacy and comparative cost-effectiveness.

Within the LMME of 2019 are certain medications, which are used for treatments in sexual and reproductive health, which are not in the National Vademecum of Medicines of Argentina. However, its incorporation is essential to guarantee the right to enjoy the highest possible level of physical and mental health, and the right to enjoy and benefit from scientific and technological advances.

Based on all the norms that protect these rights, locally and internationally, fundamentally the National Program of Sexual Health and Responsible Procreation, created by National Law No. 25.673, Law No. 26529 on Patient Rights, Law No. 26.743 of Gender Identity and the National Law No. 23.798 of AIDS, among others, we ask the Administration to incorporate, and guarantee the availability and access, of medicines for the treatment of the Legal Interruption of Pregnancy, treatments for HIV, medication for treatments of hormonal replacement, contraceptive methods and medications for the treatment of Sexually Transmitted Infections (STIs).

We also request that a national list of essential medicines for primary care be created, to follow, as far as possible, the guidelines established by the World Health Organization. The Special Rapporteur on the right of every person to enjoy the highest attainable standard of physical and mental health, in his 2006 report, indicated that “every State has to prepare a national list of essential medicines using a participatory process. […] A State has the basic obligation of immediate effect to make essential medicines available and accessible throughout its jurisdiction”

We believe that it is necessary to have medications that, in their necessary and appropriate doses, are in accordance with our national and international regulatory framework, while being essential to guarantee the health of people who require these practices and services, in a safe and accessible to the entire population, without discrimination.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org