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We request the intervention as amicus curiae in the Porta Hnos case.

We request the participation in the character of friend of the court (amicus curiae) in the case that must be resolved on the environmental problem that affects the neighbors of the production plant of the company “Porta Hnos.”

“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”.

We submit a request to federal court No. 3 by Judge Miguel Vaca Narvaja, admission and participation as amicus curiae (friend of the court) in the cars “CRUZ, SILVIA MARCELA AND OTHER C / MINISTRY OF ENERGY AND MINING OF THE NATION S / ENVIRONMENTAL AMPARO (FCB 021076/2016)”, which are processed before said court, on the occasion of the environmental protection initiated by the neighbors of the Porta Hnos plant, against the polluting activity present there.

Continuing with the commitment around the problem that afflicts the neighbors of that of the Porta plant, on this occasion, through the Amicus Curiae Institute, we intend to provide the intervening Court with foundations of fact and law that we consider relevant for the purposes of an adequate weighting in relation to the interests at stake and a resolution of the problem respectful of the fundamental rights affected.

It should be remembered that the conflict to be resolved in the federal justice of this province, involves more than 25 neighbors of B ° San Antonio and members of the Citizen Assembly “UNITED NEIGHBORS IN DEFENSE OF A HEALTHY ENVIRONMENT – VUDAS” who initiated an action Amparo Ambiental group against the Ministry of Energy and Mining of the Nation (Secretariat of Hydrocarbons Resources) requesting the closure and final closure of the bioethanol plant of PORTA HNOS. S.A since the operation of this irreparably affects the health of the neighbors and the environment.

We consider participation in this case to be of fundamental importance since in the underlying conflict, fundamental human rights such as life, health and the environment are compromised. For this reason, the resolution must consider such extremes and, in this case, provide a judicial response that may mean an important judicial precedent in environmental matters.

Author

Ananda Lavayen

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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The IDB and the IDB Invest review their environmental and social policies

Both the Inter-American Development Bank (IDB) and its private arm, the IDB Invest, have recently opened the process for reviewing their environmental and social safeguards policies. It is important that Latin American civil society and, above all, communities affected by the projects financed by these institutions, participate actively in the public consultation process, either by sending virtual comments or by participating in face-to-face consultations that will be held in different cities of the region. Here, 5 key points to consider about the review processes.

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

Why is the review given?

Following the recommendation made by the IDB Office of Evaluation and Supervision (OVE) in its Evaluation of Environmental and Social Safeguards, the IDB Executive Board approved, on July 2, 2019, the launch of the process to “modernize” its policies environmental and social, which seek to ensure that potentially negative environmental and social impacts are properly evaluated, managed and mitigated in IDB operations. According to the IDB itself: “there is a need to update and integrate a policy framework for environmental and social risk management, so it seeks to develop an integrated Social Environmental Policy Framework, aligned with international standards and best practices.” In this way, the IDB follows the steps recently taken by other Multilateral Development Banks, such as the World Bank.

On the other hand, the IDB Invest (formerly Inter-American Investment Corporation -CII-), the IDB’s private arm, began updating its Environmental and Social Sustainability Policy last June. According to the Bank, the purpose of the review is to establish “a single framework of standards that customers must meet instead of using multiple third-party standards. The update process includes a review of current trends and best practices related to environmental and social sustainability, including those designed by other international financial institutions (IFIs) operating in the private sector. ” In practice, following OVE recommendations, the IDB Invest seeks that borrowers adhere to the IFC Performance Standards, which are widely recognized and already applied by IDB Invest borrowers, and references to other standards removed. from third parties.

What does the review include?

In the case of the IDB, the review includes the five independent policies that make up the environmental and social safeguards:

  • Environment and Safeguards Compliance Policy (OP-703) of 2006
  • Policy on Disaster Risk Management (OP-704) of 2007
  • Involuntary Resettlement Policy (OP-710) of 1998
  • Gender Equality in Development Policy (OP-761) of 2010
  • Indigenous Peoples Policy (OP-765) of 2006

So far, the IDB has prepared a Policy Profile on the Modernization of Environmental and Social Policies.

In the case of IDB Invest, the review is only of its:

  • Environmental and Social Sustainability Policy, effective since 2013.

And a Draft of the new Policy has been published, which is under public consultation.

When are the consultations carried out?
In the case of the IDB, on July 2, 2019, the Executive Board approved the launch of the modernization process and subsequently published the Policy Profile. The draft policy framework is expected to be submitted to the Executive Board at the end of October 2019 for public consultation. The stage of preparation for the modernization process would culminate in the development of the Environmental and Social Policy Framework (MPAS) in September 2020. The MPAS would be implemented as of 2021.

As for the IDB Invest, a Consultation Plan has been published with the basic information about the process, which basically consists of:

1. Making the Policy Draft available to the public.

2. Digital and face-to-face public consultations open for 120 days (as of June 17, 2019).

3. Consultations in person at:

  • Colombia (September 4),
  • Argentina (September 4),
  • Jamaica (September 6),
  • Panama (September 6) and
  • Washington, D.C. (September, 10th)

4. Virtual consultation session at:

  • Spanish (September 12),
  • English (September 12),
  • Portuguese (September 13).

5. Making the comments received and attended available to the public.

After conducting the public consultation, the IDB Invest will submit to the Executive Board the final draft of the Policy for final approval, after which a plan for its implementation will be established and executed.

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 members 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.

How to participate?

Actors interested in participating in the review process of the IDB or IDB Invest safeguards can do so in different ways and through multiple channels:

For the IDB review:
The Bank offers two ways to participate in the consultation process.

Initial consultation stage: before developing the new Framework for Environmental and Social Policies, the IDB held two face-to-face workshops in Washington, DC (August 8 and 12) to analyze the lessons learned from the implementation of environmental and social policies existing.

Consultations in person on the proposed new environmental and social policy framework (dates and places have not yet been disclosed): the IDB will hold consultative meetings in the countries of Latin America and the Caribbean, at the IDB headquarters in Washington, DC , and in other member countries.

Those who want to stay updated about the review process can register on this link provided by the Bank.

  • For the IDB Invest review:

IDB Invest also offers virtual and face-to-face instances to participate in the review process of its Environmental and Social Sustainability Policy.

Virtual or written comments can be sent to the SustainabilityPolicy@idbinvest.org email or through the mail addressed to: IDB Invest: Environmental and social sustainability policy. 1350 New York Avenue, NW. Washington, D.C., 20577. USA.

To participate in face-to-face consultations in some of the indicated countries, it is possible to register at the following link provided by the Bank.

In Argentina: The face-to-face consultation in Argentina on the proposal of the Environmental and Social Sustainability Policy of the IDB Invest will be held next Wednesday, September 4 from 09:00 am to 11:00 am at the IDB headquarters in Argentina, located in Calle Esmeralda 130, 11th floor, Buenos Aires.

In addition: those interested in knowing more about how to participate effectively in the consultations, can register to participate in the webinar “Review of IDB Invest safeguards, how to participate effectively?” Organized by DAR, Environment and Society and the Bank Information Center (BIC) by entering this link.

Fundeps, together with a group of organizations in the region, is coordinating actions to promote broad, inclusive and effective participation of civil society and indigenous peoples and affected communities in both the IDB and IDB Invest review process; and to try to strengthen and avoid a weakening of environmental and social safeguards. If you are interested in getting involved in this process, you can contact gon.roza@fundeps.org.

More information

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Coming Soon: Fourth Open Government Action Plan

Since June, different instances of co-creation between civil society and government have been carried out with a view to the elaboration of the Fourth Open Government Plan of Argentina. This will be published at the beginning of September and there are still instances of virtual participation for those interested in making contributions.

“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”.

Argentina has already implemented three Open Government plans, drawn up in the framework of the Open Government Alliance (OGP). In 2020, the Fourth Plan should be implemented, so that from the National Open Government Bureau – composed of government and civil society representatives – proposals were received for the elaboration of the new commitments.

In order to work in depth on the elaboration of these commitments, 14 tables of various topics were developed such as: Extractive Industries, Indigenous Affairs, Budget Transparency, Public Works, Trafficking in Persons, Water and Sanitation, Access to Justice, Gender and others. From Fundeps, we were participating in the table of Subnational Governments and in the table convened by INAM that addressed the federalization of the Micaela Law.

Also, we were present in the writing both commitments, which will be submitted to public consultation during the month of August. To participate in the public consultation, you must enter the following link.

More information

Contact

Carolina Tamagnini – carotamagnini@fundeps.org

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With the trunk pipelines concluded: positive or negative balance?

In January 2019, and after more than 10 years since the project began to be planned, the Government of the Province of Córdoba terminated the works of the trunk gas pipelines. Despite the obvious benefits of the project, it is worth asking about the true balance left by the experience of this project, especially in terms of transparency and accountability in public policies.

“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”.

At the beginning of 2019, with the authorization of the last supply branch and the pressure regulating plant in Tala Cañada (Pocho), the Government of the province of Córdoba concluded the controversial project for the construction of the trunk pipeline network. According to the government, the gas network thus reached almost 98% of Cordoba people; Although it is clear that the vast majority of industries and neighbors benefiting from the work do not yet have effective access to the service, since the problem of connecting to home and internal networks remains to be resolved.

With the work completed, the axis then moved to the need to connect the backbone networks with the home networks, so that families and businesses can effectively access the benefit. The company Ecogas and the municipalities are responsible for bringing the gas network to private homes, for which they will receive financial support from the province. While the Bank of Córdoba made available a line of credit -Dale Gas! – at zero interest rate and with a return of 48 months for the home gas installation; The provincial government launched a financing plan so that companies can connect to the network. This plan called «Connect Gas Industry» contains three lines of credit for businesses, SMEs, industrial parks, CNG stations and tourist establishments.

A controversial work

This work, according to data handled by the provincial government, benefits 973,490 Cordoba in 228 locations. Some populations will receive natural gas for the first time and, in other locations, the service will reinforce the existing one. However, despite the obvious benefits of the work, the project of gasification of towns in the interior of the province of Córdoba has been the focus of various controversies and has been under the watchful eye of public opinion since its inception. Thus, for example, as regards the financing of the work, the reasons for the fall in financing of both BNDES at first, and of Chinese banks later, were never officially clarified; and the provincial government’s decision to move forward with the work using public indebtedness generated controversy.

Similarly, the lack of access to information to control the progress of the project has been a constant throughout the entire execution process. Additionally, the project has been investigated for alleged acts of corruption in the bidding of the sections to be built, even being mentioned in the Lava Jato case in Brazil from the participation of the Odebrecht company in the works.

Thus, for example, in February 2018, the legislators of the opposition to the provincial Government, Juan Pablo Quinteros, Aurelio García Elorrio and Liliana Montero, filed a complaint with the Financial Information Unit (FIU) regarding the possible payment of charges for the work of the trunk pipelines. This follows from the kidnapping of the list of coimas paid to different governments of the continent belonging to the Brazilian banker Alberto Youssef, where he names at least four times the work in question. This list served as a tool for Brazilian investigators of the Lava Jato cause to prove the existence of a public works club made up of Odebrecht, Andrade Gutiérrez, OAS, Camargo Correa and other construction companies. According to the complainants, a 36 million dollar premium would have been paid. Also, they argue that the collection was made through the session of a real estate project in Puerto Madero (Buenos Aires) to a company of the Horacio Miró group, former official of the administration of José Manuel de la Sota. This accusation was denied by the businessmen involved.

In mid-2018, the possibility that Argentina will reach an agreement with Brazil so that Argentine judges can access the information present in the Lava Jato investigation generated great expectations in Córdoba. The causes for alleged corruption offenses in public works in our country would have the possibility to move forward through the use of this information. This agreement generated expectation given the denunciation for the alleged payment of coimates for 36 million dollars to the company of the Horacio Miró group. In this regard, the administrations of the former governor of La Sota and the current one, Juan Schiaretti, denied all kinds of accusations. This complaint is currently under the responsibility of Prosecutor 1 of the Anti-Corruption jurisdiction, which is based on data provided by Brazil.

However, the scandal caused by the irruption of the cause of the notebooks in August 2018 hit several of the companies involved in the construction of the trunk pipelines. From the provincial government they clarified that all tenders were carried out transparently. Among the companies involved and that have works in progress in the province of Córdoba is Electroengineering, allied with the Chinese company Petroleum Pipeline Boreau for the construction of 30% of the trunk gas pipelines. In addition, there is the Albanesi Group that through Generación Mediterráneo S.A. It owns the Modesto Maranzana thermoelectric plant located in Río Cuarto. Also, the company Iecsa (now Sacde) in charge of the sections of the gas pipelines in the provincial interior in partnership with the Chinese company Communications Construction Company (CCC). Finally, BTU and Esuco companies have also carried out pipeline works in Córdoba.

Positive or negative balance?

In short, after more than a decade of marches and counter-marches, trunk pipelines are finally a reality. What has been the largest infrastructure work in Córdoba in recent times leaves us, without doubt, a positive balance in relation to the potential benefits of the work. It will allow access to natural gas not only to thousands of citizens and hundreds of localities in Cordoba; but also to numerous industries, SMEs and businesses in the interior of the Province that will be able to boost their activity and productivity from access to the gas network. However, if we analyze the project from the point of view of transparency and accountability that must necessarily surround any work that has public funds for its realization; The balance is undoubtedly negative.

In that sense, we will continue monitoring the progress of the next stages of the work. Also trying to obtain more information about the details of its realization, the real reasons for the fall of the financing of the Chinese banks and the participation of Odebrecht in the project and its link with the Lava Jato cause, for which we are preparing requests for information which will be referred to the provincial administration.

More information

Authors

Mariano Camoletto

Gonzalo Roza

Contact

Gonzalo Roza, gon.roza@fundeps.org

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National Women’s Council and INAM: what could have been, what was and how will it continue?

27 years have passed since the creation of the National Women’s Council, which since 2017 works under the name of the National Women’s Institute (INAM). He was born on August 7, 1992 with the objective of specifying the commitment assumed in the Convention on the Elimination of all forms of Discrimination against Women (CEDAW).

“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 the election year we are in and a few days after the PASS, it is a good opportunity to ask how effective this organization has been in recent years and what challenges the next administration will have in terms of public gender policies.

The proposal of the National Women’s Council, the first hierarchical organization in the country and second in the region (that of Brazil was a pioneer and taken as a model), was designed by a group of militant women and feminist intellectuals, among them the sociologist Virginia Fraganillo who was its first president. With a headline chosen by the women’s movement itself, the outlook for the nascent body seemed promising given its authorities’ commitment to the feminist cause.

Under Fraganillo’s management, the Council had its first four years of life marked by very positive advances such as the inclusion of the gender issue in the school curriculum and sexual and reproductive health policies. We can highlight among its actions, the first abortion survey, which, in the framework of the constitutional convention of 94, opened the debate socially. However, and despite his remarkable mandate, Fraganillo resigned from office.

Since then, the following governments have weakened the institutionality of the Council, which at first depended directly on the executive branch, and their presidents showed serious limitations in terms of the effective action for women’s rights. Unknown personalities in the feminist movement such as Lucila “Pimpi” Colombo, Lidia Mondelo or Mariana Gras Buscetto, among others, went through this position.

Upon assuming the current government, Fabiana Tuñez was appointed as the head of the brand new Council. At first, for an important part of feminism, it seemed good news given Tuñez’s militant trajectory in the cause of women as the founder of the NGO “La Casa del Encuentro” and its public definition as a feminist. However, after these four years, the balance is not entirely positive.

In the middle of its management, in 2017, the Council underwent a transformation: By presidential decree it became the National Women’s Institute (INAM) and acquired the rank of secretariat under the orbit of the Ministry of Social Development.

These mutations could not cover up a problem that has remained since then, and is that of a budgetary nature. The reduced funds currently received by INAM and gender programs are alien to the inflationary expectation, so that, day after day, the actual budget designated to combat gender violence and promote women’s empowerment and equality is seen significantly reduced.

Specifically, the budget allocated to INAM for 2019 was $ 234,394,881 ($ 11.36 per woman!). But also, and according to a study by the Latin American Justice and Gender Team (ELA) “although this represents an 11% increase in nominal terms, taking into account the average inflation used by the Executive Branch itself in the preparation of the budget ( 34.8%), this implies a fall of 18% in real terms in relation to the previous year. In addition, there was a decline in the weight of the INAM over the total budget. While in 2018 it represented 0.006% of the total national budget, for 2019 it represents 0.00005%. ”

A second problem refers to the scope of agency policies. On the one hand, it is necessary to recognize INAM extremely relevant measures such as the Equal Opportunities Plan, the Observatory of Violence against Women, the formation of the Ad Honorem Advisory Council in which it articulates with civil society organizations to monitor the entire country the application of law 26485 against violence against women, surveys and reports that provide data to inequality and support current and future public policies, among others. One of the most notable measures is the National Plan of Action for the Prevention, Assistance and Eradication of Violence against women, although, although there are still a few months remaining, much of the Plan has not been implemented (again, little can be done without a budget to accompany it).

On the other hand, considering that gender problems are structural, it is necessary to confront them with core policies and it is in this sense that both Tuñez and his predecessors have failed.

For example, to overcome the sexual division of labor we need to follow models such as the Comprehensive Care System that Uruguay has, or at least extend the paternity leave time in Argentina that is only two days.

We ask ourselves, what awaits INAM in December?, No matter what, will it be different this time?

Regardless of the electoral results, we consider it necessary to strengthen INAM, not only in its institutionality but also at the budgetary level so that, with all the effort involved in combating the multiple violence that affects women, build a more just and egalitarian society.

Author

Mariana Barrios

Contact

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

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We invite you to the National Forum of Gender Policies in Journalism and Advertising

The event will be held on September 12 and 13, 2019 in classroom 300 of the Faculty of Social Sciences (Constitution Headquarters) of the University of 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”.

Transform work structures to transform content

After years of research on the advertising and journalism industries, from Fundeps, the Civil Association for Equality Communication and with the support of the Heinrich Boll Foundation, we consider it relevant to share the results obtained among the actors involved.

Our research shows that gender inequality within media companies, advertising agencies and related unions translates, among other issues, into the co-optation of symbolically and economically more relevant positions and positions held by men. In turn, vocational training institutions have a limited academic offer in gender issues.

This acquires particular relevance due to the key role of these industries in the formation of opinion and cultural mandates.

At this point, it becomes necessary to observe and discuss labor practices and behaviors within these spaces, understanding them as organizational structures. The aim is to promote the construction of inclusive, democratic workspaces, where diverse gender identities participate in the production of sexism-free content and in decision-making positions.

The objective of the event is to generate a sensitization and capacity building, meeting and articulation instance, but also to discuss gender policies in both industries, calling on media companies, advertising agencies, educational institutions, unions and business associations , to workers in the sector, civil society organizations and the State.

The Forum is aimed at these mentioned sectors and those who seek to transform communication and related work spaces from a gender perspective.

Agenda and panels

Participants from the sector of Córdoba and Buenos Aires and more than 20 communicators, publicists and journalists from the country will participate, with the purpose of incorporating a federal perspective on gender policies in journalism and advertising and in order to generate lines of action and impact throughout the country.

On September 12, the Forum will be opened by the institutions that organize it and in which Luciana Peker will make a keynote talk: “The feminist tide in advertising and journalism”.

On Friday 13, between 9 and 18 hours, panels-workshops will be held in which some of the critical axes identified in both industries will be addressed: Care policies; Labor Rights and Unionization; Journalism and Gender; Advertising and gender.

Participation in the Forum is free but admission must complete this registration form.

More information to info@fundeps.org

Circular I National Forum on Gender Policies in Journalism and Advertising

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Complaints for school practices contrary to ESI

Following various situations in public and private schools in Córdoba, contrary to the rules and standards of law that govern education, we lodge complaints with the Office of the Ombudsman for Children and Adolescents and with the Ministry of Education requesting their intervention.

“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 March 25, “Children’s Day for Birth,” several public and private schools in Córdoba held activities and days of celebration, incurring a flagrant violation of the rights of children and adolescents.

Among them, the Private Institute “Virgen Niña” of the city of Justiniano Posse, made and then disseminated a video on WhatsApp, in which you can watch children of the Primary Level singing a song. In the video you can also see images with drawings and activities that were made in the school on that day.

The current legislation cannot be contradicted

This song contradicts the contents proposed by the Law of Integral Sexual Education No. 26,150, sanctioned in 2006, which establishes the right of all students to receive comprehensive sexual education in their biological, psychological, social, affective and ethical aspects (art . one). This law, and its complementary laws, such as Law No. 25.673 on Sexual Health and Responsible Procreation and Law 27.234 Educate on Equality: Prevention and Eradication of Gender Violence, are fully in force in all educational institutions of all levels that they integrate the educational system of the province of Córdoba. In the Provincial Education Law (9870), the adherence to national regulations is reinforced, both in content and knowledge and in values. At the provincial level, in addition, the Ministry of Education ruled last year through Memorandum No. 8/2018, recalling that the ESI law is in full force. The same was said in Resolution No. 433, on April 29 of this year, through which it ratified the validity and mandatory compliance with the guidelines established in the Memorandum mentioned.

In addition to local regulation, this right is based on numerous international human rights instruments.

What the song of the Institution’s video proposes moves away considerably from the obligatory common floor established by the parameters of the Curricular Guidelines for Integral Sexual Education, and from any biological notion of human reproduction, granting subjectivity to the embryo or fetus and presenting a conflict in the situation of pregnancy between the mother and “the child”, which is extremely worrying and stigmatizing.

The institutional ideology must be respected, but without violating rights

The Law of Integral Sexual Education provides that the teaching contents must be harmonious with the “ideals” of each educational community. Therefore, religious schools can define their programs and adapt “the guidelines to their socio-cultural reality, within the framework of respect for (…) the beliefs of their members” (Article 5). This means that religious schools have the right to share with their students what is the opinion of the dogma or creed that governs the institution. But in no way can students be left without the minimum information established by the official curriculum of the law, much less provide erroneous, false and biased information.

It is urgent to talk about ESI

Improving the application of the Comprehensive Sex Education Law in our country is essential, taking into account the high rates of teenage pregnancy and child sexual abuse. Annually, about 3,000 girls and adolescents under 15 years old become mothers, a situation that requires a special look, not only because of the risk of greater physical complications that pregnancy represents at such an early age, but because the younger age is the Probability of pregnancy being a product of sexual abuse.

A systematic practice

You cannot fail to mention other situations that have occurred in schools in the province, such as the three secondary educational establishments of La Carlota (Instituto Mercenario, IPET N ° 100 and EPET N ° 255) that were mobilized to perform a series of acts framed in they call “Week for life”, which included touring the city with flyers and posters “in defense of the unborn child.

Something similar happened in Jesús María in the primary school of the Colegio del Huerto, where teachers and authorities asked the students to attend the school with the blue scarf for the day of March 25.

To these are added public knowledge situations where students received reprimands or other sanctions for taking the green scarf to school or for expressing their position in favor with respect to legalization, or those of those teachers who suffer harassment, threats or displacement due to the use of inclusive language.

For all these reasons, with the accession of more than 30 organizations, we request the Ministry of Education and the Office of the Ombudsman for Children and Adolescents to provide the necessary means to deter this type of practices and to enable mechanisms for training authorities, teachers and non-teachers of all educational institutions in the area of ​​Integral Sexual Education, according to the guidelines established by law.

Adhere to the complaint

Cuerpo de Abogadas Feministas de Córdoba, Asociación Pensamiento Penal (APP) – Capítulo Córdoba, Católicas por el Derecho a Decidir, Fundación Córdoba de Todxs, Activando Derechos Córdoba, SeAP – Servicio a la Acción Popular, Red PAR (Red de periodistas por una comunicación no sexista), Asociación Civil Somos Diversidad Club Social, Cultural y Deportivo, FES (Federación de Estudiantes, Secundarios), Equipo de Investigación «La educación sexual integral en la trama institucional y política de Córdoba», Área de educación, CIFFyH/UNC, Equipo de Educación Sexual Integral – Escuela Superior de Comercio Manuel Belgrano (UNC), Programa de Feminismos, Sexualidades y Derechos de la FCS, Fundación ECoS (Espacio Córdoba Salud), Consultorio de Salud Integral, Flor de Luna, Jardín maternal DEODORO, Socorro Rosa Córdoba, Las Juanas Socorristas, Ni Una Menos Córdoba, MuMaLa Córdoba, Mala Junta – Vamos, La Mella – Feminista y popular, Mala Junta – Nueva Mayoría, La Jauretche, Las Alicias, Mujeres Socialistas, Juventud Socialista Córdoba, Partido del Trabajo y del Pueblo. CEPA. JCR, SOMOS. MAREA. BARRIOS DE PIE, Escuela de formación feminista Viviana Avendaño Del Frente Popular Darío Santillán, María Saleme, Martín Fresneda – Legislador Provincial.

More information

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Let’s be empowered! Let’s make breastfeeding possible

Throughout the world, from August 1 to 7, dissemination, promotion and support activities for breastfeeding are carried out. What is the role and commitment of the actors involved?

“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 August 1990, the World Health Organization (WHO), UNICEF, several States and civil society organizations signed the Innocenti Declaration with the objective of protecting, promoting and supporting breastfeeding.

This year’s motto is: “Let’s empower ourselves. Let’s make breastfeeding possible!” And was launched by the World Alliance for Breastfeeding (WABA). This slogan attempts to challenge states, unions, employers and civil society organizations to develop solutions that lead to gender equality and improve breastfeeding rates.

The World Health Organization emphasizes the need for paid maternity leave of at least eighteen weeks and paid paternity leave in order to achieve equality in the care of daughters and sons. It also expresses that breastfeeding policies should be promoted in work environments (breastfeeding breaks, safe, private and hygienic spaces and childcare services).

Along the same lines, we argue that breastfeeding promotion and support cannot be achievable without thinking about public policies in the face of the care crisis. The sexual division of labor remains rigid and mainly affects women. Against this, actions that understand care as public responsibilities are necessary.

Thus, public education, child care services, older adults and any person who requires special care from another and equal maternity and paternity leave must be part of public agendas. Also, the private sector is not out of these actions. Private companies are responsible for complying with labor regulations and collective bargaining agreements that promote and ensure equal and inclusive care and breastfeeding policies without gender stereotypes (ensuring the presence of lactaries in the workplace or respecting licenses).

The body of women, historically, has been a field of regulations. Here they play speeches disputing hegemonic knowledge. We understand that it is the responsibility of the States to promote public policies that allow social scenarios where women and people who care for girls and boys freely decide on breastfeeding, with useful and clear information, without stereotypes and patriarchal cultural mandates.

Author

Ivana Sanchez

Contact

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

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Binding Treaty on Business and Human Rights: Comments from Fundeps and the new revised Draf

At the fourth session of the United Nations Intergovernmental Working Group on Business and Human Rights, different actors presented their comments and proposals on the ‘zero’ draft of the legally binding international instrument. Fundeps made recommendations and questions about certain axes of the draft, relevant to guarantee the fulfillment of human rights by transnational companies. Based on the comments made, on July 17, the Intergovernmental Working Group presented the new Revised Draft.

“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 2014, the UN Human Rights Council issued two resolutions, one of which ordered the establishment of an intergovernmental working group responsible for developing a binding treaty on business and human rights. The second resolution, of the same year, requested the UN working group to prepare a report containing the benefits and limitations of legally binding instruments.

From there, the work group sessions began. The first one was held in 2016 and the second in 2017, where Ecuador presented the document ‘Elements for the Legally Binding International Instrument Project on Transnational Corporations and other companies with respect to Human Rights’. In these sessions, the intergovernmental working group focused on improving the content, scope, nature and form of the potential international instrument to regulate the activities of transnational corporations and other companies in the fulfillment and respect of human rights.

In the third session, in 2018, the working group published the Zero Zero Draft ’of the Binding Treaty; The elements for preparing a draft of a legally binding instrument were discussed taking into account the discussions held in the first two sessions.

Last year, in the fourth session, calls for comments and proposals were made on the draft of the binding treaty. The presentations were made by some States such as Chile, Colombia and the Philippines, non-governmental organizations with consultative status and other stakeholders such as civil society organizations, including Fundeps. The document on the ‘zero’ draft, presented by the foundation, is divided into general and specific comments.

The general comments made by Fundeps cover different aspects that have not been taken into account in the document and that are extremely relevant to ensure that transnational corporations guarantee and respect human rights. Among the comments, the absence in the Treaty of commercial activities that are supported by the States, the high relevance given to the remedy of damages and rights of the victims that, although it is extremely positive, are even more necessary a priori are measures prevention to prevent companies from violating human rights. With prevention there would be no need to remedy any damage caused since these would not exist if they were well regulated.

On the other hand, the draft Treaty only establishes a binding component for the States, but companies are not given responsibility. Therefore, not only does it not make them obliged subjects, which was the initial idea, but they will respond before the laws that the States implement in this matter. In addition, the creation of a court or other institution that has the capacity to judge and penalize the actions of transnational corporations is absent.

Finally, in the general comments of Fundeps, the absence of the sections on ‘corporate obligations’, ‘state obligations’ and the obligations of international organizations, which are fundamental elements to guarantee the fulfillment of rights, is highlighted Humans versus business activity.

Specific comments were made in accordance with the sections of the draft. According to the preamble, it is recommended to include the relationship with other international conventions and recognize ‘Corporate Capture’ as a global issue that undermines human rights. In addition, the absence of guiding principles on business and human rights as an immediate precedent of the treaty is questioned. , as well as the lack of recognition of the danger situation of human rights defenders. Regarding the purpose of the Treaty, it is recommended that the purpose of the document should be the guarantee of human rights and incorporate as an objective of the addressed the resolution of power imbalances between corporations and affected communities.

Finally, in Prevention, the componente Gender ’and conflict of interest component should be incorporated into all due diligence measures. In addition, these measures must ensure transparency in the interactions of transnational corporations with state authorities, and the protection of human rights defenders through specific and reinforced protection mechanisms.

New Draft: progress?

The Intergovernmental Working Group, in charge of drafting the document, has made progress in its development. Consequently, on July 17 they presented the Revised Draft of the binding treaty to regulate the activities of transnational corporations and other commercial companies regarding human rights. This version was made according to the recommendations and comments proposed by the different actors convened in the fourth session last year. This draft will be discussed in the fifth session, which will take place between October 14 and 18 of this year.

At first glance, the new draft of the binding treaty has modified the formulation, which, in the words of Hood and Hughes-Jennett, is rather ambiguous. Thus, in Article 3 of the draft, its application has been extended to “all commercial activities”, that is, it will no longer be limited to those of a transnational nature. However, the definition developed in Article 1 on commercial activities leaves those that are purely national in scope of the treaty. A positive development in the project has been the elimination of the requirement that commercial activity should be limited to all those that were carried out “for profit”.

On the other hand, the new Article 6 of the draft treaty incorporates a new provision where States will have responsibility for not preventing damage that the party with whom they have a contractual relationship has caused third parties, regardless of where the damage occurs ( Hood & Hughes-Jennett, 2019).

From the perspective of due diligence, an improvement in the draft has been observed, since the States are not only obliged to regulate commercial companies within their territory where they are obliged to respect and prevent violations of DD.HH .; now in the project it is clarified that the legislation must be introduced to make the due diligence of human rights mandatory and, in addition, companies must be obliged to acquire the appropriate measures to prevent violations or abuses of human rights. It represents a breakthrough because it means a convergence with the UN Guiding Principles (Hood & Hughes-Jennett, 2019).

With regard to legal-criminal liability, the Revised Draft has eliminated the provision on universal jurisdiction and instead has incorporated a new provision that establishes the jurisdiction of territorial, active and passive nationality. Therefore, the states will be disabled to exercise jurisdiction in those behaviors that do not constitute a criminal offense, in accordance with international law in situations where there is no conventional jurisdictional link with the crime (Hood & Hughes-Jennett, 2019) .

Consequently, we must wait and observe the decisions that occur in the fifth session on the Revised Draft. While the incorporation of some recommendations and a closeness to the Guiding Principles on business and human rights is observed, there is still a shortening of distances between the Revised Draft and the Guiding Principles; since these have been the initial kick representing a fundamental advance in the normative criteria on the responsibility and the accountability of the transnational companies. There are still issues that are not clearly defined in the revised draft, which means that transnational corporations continue without being fully obliged to respect and guarantee Human Rights.

Más información:

Authors

Sofia Brocanelli

Contact

Gonzalo Roza gon.roza@fundeps.org

 

 

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We urge the Municipality to comply with the Bajo Grande Mitigation Plan

Given the facts of public knowledge related to the report of the Environmental Police Directorate of the province of Córdoba regarding the malfunction of the Edar Bajo Grande plant, we insist on the claim presented in May of this year, by Fundeps with Las Omas and neighbors of the neighborhoods Chacras de la Merced, Villa La Merced, Ciudad Mi Esperanza and Parque 9 de Julio against the mayor Ramón Mestre, requesting a hearing this time in order to seek alternatives to solve the problem.

“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 May of the current year, we presented together with neighbors from different neighborhoods immersed in the problem of Chacras de la Merced, an administrative complaint. In this, we demanded that the Municipality of Córdoba Municipality comply with the mitigation plan prepared by the municipality itself to temper and correct the problems that afflict said area of ​​our city due to environmental degradation mainly from the Purification Station of Wastewater of Bajo Grande (hereinafter Edar).

Due to the lack of responses by the Intendancy, and to the facts of public knowledge about a report by the Environmental Police Directorate of the Province that again highlights the malfunction of the Edar plant, and the consequent contamination environmental that this causes, is that we insist on that claim. In turn, considering the next change of government and the urgency required to address the problem, we request a hearing from the Administration in order to bring perspectives, evidence and alternatives to address the problem tending to achieve respect for rights. fundamental humans who are currently affected.

Likewise, in the insistence claim we once again realized the serious situation that affects Chacras de la Merced, mainly related to health conditions in the communities and socio-environmental conditions that make it difficult to develop their life plan. Situation that is recognized by the Municipality of Córdoba at least since 2014 when it declared for the first time the environmental and sanitary emergency of the EDAR plant and the areas located downstream, status that remains to this day. In the same way, we reiterate the request to make public the information about the tasks carried out by the Municipality in relation to the Mitigation Plan, which has not been provided before repeated requests for access to public information submitted by Fundeps.

The systematic and continuous aggravation of the living conditions of the population of Chacras de la Merced linked to environmental degradation caused by the Edar, and the inaction of the Municipality, who, with its omission, consolidates day-to-day human rights involvement, is that again we demand a definitive solution to the problem of those who suffer from forgetting and environmental discrimination in the city of Córdoba.

On the other hand, and in relation to the problem, we submit a request for access to public information before the Environmental Police Directorate in order to request the Report made by said agency in which it reports Edar’s malfunction. Said report was presented to the Municipality of Córdoba as it transcended, but was not publicized, even before the relevance and public interest that it has while the samples collected by the Environmental Police of the liquids that enter and are discharged without treatment to the River are analyzed. Drought and that, as it transpired, show the serious environmental damage caused by Edar.

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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When in doubt, nature

After a long judicial process, a group of residents of the town of Gualeguaychu (Entre Ríos) managed to get the Supreme Court of Justice to rule in favor of their claim in an important precedent that recognized and applied novel principles of environmental law.

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

Such course of action began with an action for environmental protection filed by a group of Gualeguaychu residents against a real estate project located near the river of the same name, demanding the cessation of works and the environmental recomposition. In the first instance, the action was accepted, although afterwards the Superior Court of Justice Entre Ríos (hereinafter STJER) annulled the judgment. Before this last pronouncement, the amparistas presented an extraordinary federal appeal, which, although it was rejected by the STJER, was admitted by the Supreme Court of Justice (hereinafter “The Court”), revoking in its resolution that resolved by the high provincial court.

Although the highest court in Argentina only overturned the ruling of his interlocutor paring the proceedings to the court of origin, the considerations for arriving at such a decision reaffirmed certain existing rules and principles in environmental law (procedural and substantial), at the same time that crystallized novel legal principles in the matter. In effect, the Court once again stressed the integral systemic nature of the watersheds and the importance of the protection of the wetlands (affected in this case) as integral and interdependent parts of the water system, citing as a normative instrument the Ramsar Convention (Relative Convention to Wetlands of International Importance, especially as Waterfowl Habitat).

Likewise, the Court assessed the application of the precautionary principle, and also introduced the novel application of the principles in dubio pro natura and in dubio pro aqua.

Regarding the principle in dubio pro natura, this establishes (in the words of the Court) that: “In case of doubt, all proceedings before courts, administrative bodies and other decision-makers must be resolved in such a way as to favor protection and conservation. of the environment, giving preference to less harmful alternatives. Actions will not be taken when their potential adverse effects are disproportionate or excessive in relation to the benefits derived from them.”

Regarding the principle in dubio pro aqua, he argued that: “In case of uncertainty, environmental and water disputes should be resolved in the courts, and application laws interpreted in the most favorable way to the protection and preservation of the resources of water and related ecosystems.”

In short, the Court revoked the decision of the STJER since it directly affected access to environmental justice (Article 32 of Law 25.675) and the principles in dubio pro natura and pro aqua, in the defined terms. Undoubtedly, the jurisprudential recognition of the highest judicial body means the incorporation of both guidelines to Argentine environmental law. They are welcome.

More information

Author

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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New international agreement on violence and harassment at work

The OIT is an agency of the United Nations (UN) that brings together governments, employers and workers of 187 member states, to establish international labor standards. Within the framework of its 108th meeting in the city of Geneva in the month of June of this year, an agreement was approved (with 439 votes in favor, 7 against, 30 abstentions) and its respective recommendation (with 397 votes in favor , 12 against and 44 abstentions), on the elimination of violence and harassment in the world of work, which materialize proposals related to the topic.

“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 issue takes on special relevance in our country since, according to this entity: “France, Argentina, Romania, Canada and England have indicated the highest rates of sexual harassment and assault in the workplace, (…), based in the largest global study that has been done so far on violence at work. “

The particularity of this agreement is that, in its content, it deals with the theme with an inclusive, integrated and gender perspective approach that is embodied in norms that imply a transcendental socio-cultural advance towards the protection of women and other groups. vulnerable (art.6), disproportionately affected by preventing their access to the market, permanence or professional progress.

This agreement would have a projection in the formal and informal work, public and private, regardless of their contractual situation. Through its rules it defines and distinguishes “violence and harassment” (Article 1 a) of “violence and harassment based on gender” (Article 1 b), leaving open the possibility for ratifying countries to contemplate them in their national legislations as unique or separate concepts; and understands that they can constitute “a violation or abuse of human rights, a threat to equal opportunities and contrary to decent work”.

The text provides that member countries should establish mechanisms for registration, control and monitoring of violence and harassment in the world of work, and that national bodies responsible for labor inspection, safety and health in this field should consider them as psychosocial risks in its management It also establishes the obligations of adoption and application of workplace policies related to violence and harassment, information and training on the subject, and even contemplates sanctions against perpetrators and compensation for victims for the damages and / or psychosocial, physical illnesses. or of any other type that are consequences of such acts. In a novel and positive way, through this normative proposal domestic violence is contemplated within the workplace and determines an obligation to mitigate its impact and even to evaluate it as a risk in the workplace.

However, despite the progress it represents, the text standardizes forms of violence and harassment, and affected groups. Mainly by establishing and leaving the concept of “vulnerable groups” undefined; without contemplating the diversity of the victims, of violence and harassment, hindering a true solution to the conflict.

The agreement is open and awaiting ratification by the member countries and will be an international legally binding instrument once ratified by our country, with a supralegal or constitutional hierarchy, after the approval of the National Legislative Power.

It is an opportunity to assume a genuine commitment to equal rights, based on positive actions that allow regulation and reform of situations of violence and harassment in the world of work, once it is effectively translated into concrete public policies and not mere empty commitments (purplewashing).

A better future of work for women and vulnerable groups can only be achieved by ending discrimination and overcoming entrenched stereotypes in relation to women in society, the value of their work and their position in the labor market. This future will be possible not only with the protection of women and vulnerable groups against violence, but with actions that simultaneously aim to achieve equality at work, access to social services and equal care services, and participation and representation of women in internal structures such as unions and trade unions.

Author

Luz Baretta

Contact

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