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Conversation “ILE, Pandemic and Telemedicine: new challenges”

On Friday, August 21, the first virtual discussion on Legal Interruption of Pregnancy, Pandemic and Telemedicine was held together with the Network of Health Professionals for the Right to Decide. This meeting aimed to review the current regulations, socialize the different challenges that arise when implementing the ILE during the pandemic, the limitations that health professionals face and the advantages of Telemedicine.

“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 current context of the pandemic, the WHO has ruled that different health practices are “essential services”, such as systematic vaccination, treatment of chronic diseases, and sexual, reproductive and non-reproductive health services, among which includes care during pregnancy, childbirth and the Legal Termination of Pregnancy. The national health authorities and various specialized health institutions did the same. However, the lack of information and measures by the competent authorities, together with the absence of a clear legal framework, make it difficult for health professionals to be able to effectively comply with ILE practices, and for pregnant people to exercise rights that, in the current health situation, require special attention in order to avoid their subjugation.

In the meeting, in which a total of 40 health professionals participated, they spoke about the legal framework under which the practice of Telemedicine is governed in Córdoba and Argentina in general, in the particular context of the pandemic and independent of it, practical examples and parallels with international regulations were given. The instance also served to share different experiences experienced by professionals, who highlighted the importance and need of spaces for the exchange of tools, information and updating of regulatory knowledge for the exercise of practices in a safe way, both for patients and professionals of the intervening health.

Presentation of the booklet “Aborting with rights during the pandemic: Legal Interruption of Pregnancy as an essential service”

Fundeps presented at the meeting a document that develops the technical and legal aspects that must be considered when guaranteeing the Legal Interruption of Pregnancy during the crisis generated by the coronavirus, with references to protocols and recommendations prepared by the World Health Organization and other health institutions. It also contains a section on the use of telecare to attend to these practices, considering the modifications recently promoted by the pandemic. The document is a synthesis of the updated information for the attention of the ILE, following the principles of risk reduction and resource optimization.

Knowledge exchange as a fundamental tool

We celebrate these instances of training and exchange with different actors involved in the realization of human rights, as in this case, health professionals. Meetings like this are essential for these health practices to be carried out without risk or fear and in a complete, informed and safe way.

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Authors

Irene Aguirre

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Regional statement regarding the IDB presidential elections

Through a statement addressed to the Governors of the Inter-American Development Bank, civil society organizations, peasant communities, indigenous peoples and Afro-descendants and people with disabilities in Latin America and the Caribbean, we express our concern regarding the presidential elections of the Institution. In particular, we express our rejection of the decision of the United States government to present a North American candidate to preside over the Bank, and of the election process itself, which does not give rise to the participation of social organizations and communities.

“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 September 12 and 13, the Inter-American Development Bank -BID- will elect a new president who will replace Luis Alberto Moreno, after 15 uninterrupted years of management. The elections will take place through an extraordinary meeting of the Board of Governors to be held virtually. Different countries in the region have nominated candidates, such as Argentina, which nominated Gustavo Béliz, and Costa Rica, Laura Chinchilla. However, what is causing concern in the current IDB presidential selection process is the nomination by the US of candidate Mauricio Claver Carone. This, in addition to going against the unwritten IDB rule that the Institution must be led by a Latin American representative, threatens the decision-making capacity of the Bank’s borrowing countries, given that the United States has the highest percentage of capital and votes within the Institution.

In a context marked by the crisis of multilateralism that the world is going through; the socio-ecological and climatic crisis that has a particularly serious impact on Latin America; the historical problems of inequity, inequality and poverty in the region; and the economic, social and health impacts and repercussions that the Covid-19 pandemic is generating, the transition in the presidency of the IDB is key for the future of the region.

Therefore, today more than ever the IDB requires a qualified leader who is capable of critically positioning himself with regard to the role that the Institution plays in the face of the complex panorama that the region is experiencing, and who is predisposed and capable of promoting a model different development. In this sense, the person appointed to the presidency of the IDB should necessarily meet a series of requirements that include, among others, the following:

  1. A clear and express commitment to multilateralism, at a time when the legitimacy of international institutions is being questioned and attacked;
  2. Extensive experience and knowledge of the reality of the countries of the region and the challenges they face in the current context;
  3. A clear commitment to transparency, accountability and the participation of communities, indigenous peoples and civil society in the actions of the Institution;
  4. Knowledge and experience in development agendas that reflect a commitment to the public interest, the protection and promotion of human rights, gender equality, the need to immediately face the effects of climate change and to bet on a model truly sustainable development focused on communities and indigenous peoples.

At the same time, the statement, to which more than 50 organizations joined, emphasizes that the election must go beyond voting and open spaces for dialogue between candidates and civil society and communities. After 15 uninterrupted years under the leadership of a presidency that impregnated particular characteristics, and in many cases questionable, the management and actions of the Bank, a unique opportunity is presented to learn more about the positions and proposals of the different candidates. facing the concerns and demands of communities and civil society; and in relation to the prevailing context in the region.

We hope that the IDB will rise to the current circumstances and take advantage of this opportunity to ensure that whoever becomes president of the Bank is truly the most qualified and appropriate person to lead it in the face of the complex moment the region is going through.

More information

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Comments on the second draft of the IDB Environmental and Social Policy Framework, from a gender perspective

On Tuesday, August 5, we sent the IDB a new document with observations and comments on the second draft of the Environmental and Social Policy Framework from a gender perspective.

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

In December 2019, the Inter-American Development Bank -BID- published the draft Environmental and Social Policy Framework -MPAS- to modernize its environmental and social policies. In January of this year, the face-to-face and virtual public consultations began, where Fundeps was present. In April, we sent a document with comments and observations on the draft MPAS from a gender perspective, which had the input of other civil society organizations. In this document we point out, above all, the lack of mainstreaming of the gender perspective in all the performance standards of the draft MPAS.

At the beginning of July, the Bank published the second draft of the MPAS in which it incorporated some of the recommendations sent by stakeholders (civil society, indigenous communities, Afro-descendant community) and began the second phase of the process for sending comments that It ended on Tuesday, August 5. From Fundeps, we analyzed this second draft of the MPAS and sent a new document with observations and comments from a gender perspective, with the aim of incorporating issues that we consider fundamental when considering the human rights of girls, adolescents, women and LGTTTBIQ + people. in the new social and environmental framework of the IDB.

Among the main points identified, we find positive aspects that have been incorporated as the reference to the Performance Standard -ND- 9 on gender equality in PS 1 (Evaluation and Management of Environmental and Social Risks and Impacts), PS 2 ( Labor and Working Conditions), PS 5 (Land Acquisition and Involuntary Resettlement) and PS 10 (Stakeholder Engagement and Disclosure of Information). Another aspect to highlight is the incorporation of ILO Convention 190 against violence and harassment in the workplace and Convention 100 on Equal Remuneration.

However, there are still many aspects to be incorporated that we believe are essential to guarantee gender equality and the mainstreaming of the gender perspective in the projects financed by the Bank. Among the necessary issues to be added to the new MPAS is the Bank’s duty to explicitly and transversally incorporate current and future international Treaties, Agreements and Conventions that contemplate the rights of girls, adolescents, women and LGTTTBIQ + people. In addition, the Bank as the main person in charge must mainstream the gender perspective throughout the Framework to avoid gender blindness.

A worrying issue is the replacement of the Policy on Gender Equality in Development by PS 9. Here the Bank should maintain the validity of the Policy as a complement to PS 9 on Gender Equality. Finally, we emphasize the need for the IDB to incorporate the great diversity of gender-gender identities, since the MPAS does not mention LGTTTBIQ + people, but rather identifies them as sexual and gender minorities. Therefore, we insist that LGTTTBIQ + people are specifically enunciated to ensure visibility and recognition of their existence and rights.

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The creation of the Agroecology Directorate at the national level was made official

On August 11, through a Resolution of the Official Gazette, the Ministry of Agriculture, Fisheries and Livestock defined its new organization chart and made official the creation of the National Directorate of Agroecology, which will be chaired by the agronomist Eduardo Cerdá who is the president of the National Network of Municipalities and Communities that Promote Agroecology (Renama). This direction will act under the orbit of the Secretariat of Food, Bioeconomy and Regional Development.

“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 main objective of the directorate will be “to intervene in the design and implementation of policies, programs and projects that promote intensive and extensive primary production based on agroecology at all its scales, coordinating with producers, agrarian organizations and municipal and provincial governments.” To comply with this, it is expected, among other actions, the creation of a Strategic Plan of Productive Transition that contains the objectives, methodology and recipients for the agro-ecological implementation; and the granting of technical, credit and tax assistance to promote said activity.

This government decision is historic for our country, and is framed within the growing environmental crisis and the need to establish consistent public policies, such as the design of alternatives to the agricultural production model that prevails today. It is a decision that recognizes the approach that various farmer organizations have been developing for years, who have created alternatives to confront the hegemonic system. In addition, the current Minister of the Environment, Juan Cabandié, has repeatedly pointed out the risk that the use of pesticides and phytosanitary products entails in the health of the population and the environment, classifying them as “poisons”.

In this sense, agroecology proposes another way of producing food, which in the words of Eduardo Cerdá “implies taking into account and putting into play all ecological processes when producing agriculture and livestock. It is not a business look, it is a system look, to understand the natural processes that work in a field. By taking into account all the processes, it is easier to take care of them ”.

For these reasons, we welcome the implementation of this direction at the national level, since it represents a change of vision in the way of producing food in our country and implies an advance in the much-promised food sovereignty. We believe that this measure provides the appropriate initial impulse to give place and space to this production alternative based on sustainability and caring for the health of people and the environment. In this way, it is possible to incorporate a social and environmental perspective to the Ministry of Agriculture, Livestock and Fisheries, which is extremely necessary in these times.

Authors

Maria Laura Carrizo Morales 

Ananda Maria Lavayén

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Argentina-China: cooperate in adverse times

While cooperation as an interstate link has suffered among most countries, in the framework of the Covid-19 pandemic China and Argentina have chosen to cooperate in health matters.

“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”.

During the Covid-19 pandemic and the validity of social, preventive and compulsory isolation (ASPO), various cooperation actions were carried out in health matters between the People’s Republic of China and the Argentine Republic. In order to mitigate the adverse effects caused by the pandemic, China has cooperated with Argentina in both the public and private spheres to strengthen the national health system.

Regarding the public sphere, the cooperation emphasized donations and purchases of sanitary elements, at the national and sub-national level. In this sense, the province of Buenos Aires imported from China, for a value of 54 million dollars, 5.5 million disposable chinstraps, 300 thousand N90 chinstraps, 83 thousand goggles, 700 thousand face masks and 12 million pairs of gloves disposable. To this end, Aerolineas Argentinas carried out 32 flights to the city of Shanghai at a cost of $ 500,000 each. In the act in which the tightening of the quarantine in the Metropolitan Area of ​​Buenos Aires (AMBA) was announced, on June 26, Governor Axel Kicillof affirmed that “28 planes with sanitary supplies for his province had arrived in the country from from China”.

At the subnational level, the Chinese province of Guizhou donated medical supplies to the province of Jujuy, including a total of 9 thousand medical masks donated by the People’s Hospital of said province of China. Since 2017, both provinces have maintained a fraternal relationship within the framework of the twinning intention agreement to improve understanding, foster friendship, consolidate and develop friendly cooperation.

Likewise, the All China National Association of Journalists donated 200,000 masks to the Union of Press Workers of Buenos Aires to be delivered to union members. In this sense, Secretary General Lidia Fagale expressed that one of the central premises in the international arena of the Chinese press entity is the “deep sense of cooperation.” He also thanked “the solidary attitude of the colleagues and their repeated signs of commitment in strengthening the bilateral bond.”

On the other hand, the Ministry of Foreign Affairs, International Trade and Worship informed Fundeps, in response to a request for information made on June 30, that the Argentine Republic and the People’s Republic of China have maintained fluid contact within the framework of the fight against the Covid-19 pandemic through videoconferences; and that Chinese President Xi Jinping expressed his strong support for the measures taken by Argentina in relation to the pandemic.

The Foreign Ministry detailed that the following measures were carried out: first, negotiations were carried out through the Embassy of Argentina in China and the Consulate General and Promotion Center in Shanghai for the pertinent permits for the overflight and landing of aircraft of Aerolineas Argentinas to Shanghai in search of medical supplies, as well as the displacement of people. Secondly, the White Helmets Commission advised on the documentary procedures related to the donation of goods from abroad so that they comply with the customs regulations in force in our country.

On the other hand, the Foreign Ministry made it known that the cooperation between both countries is multi-level since it includes subnational entities, companies, institutions and other entities, which have made donations and sent supplies to various actors in our country. Within the donations and shipment of supplies are detailed: chinstraps, protective suits, protective glasses, detection tests, gloves, protection for footwear, among others.

These were assigned to the Ministry of Health, Defense, Security, provincial ministries and municipalities. In this way, the bilateral cooperation in health matters between Argentina and China reflects the growing interaction and linkage between both countries, in areas that are not only limited to trade and investment but also include a wide range of areas, such as academic, cultural , technological, health or scientific, among others. The aforementioned request made to the Argentine Foreign Ministry is part of a set of requests recently sent by Fundeps to different agencies of the national government requesting information regarding various aspects of Sino-Argentine relations and infrastructure and energy projects that have Chinese financing. In this sense, it should be noted that effective and timely access to public information is essential even in a context like the current one, marked by the pandemic.

Authors
Florence Harmitton
Mariano Camoletto
Contact
Gonzalo Roza, gon.roza@fundeps.org
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Blame it on the media

On July 21, in the central news show on Canal 12 in Córdoba, journalist Fabiana Dal Prá interviewed a rape victim. We denounced before the Public Defender’s Office, her approach, which was an example of media and symbolic violence, showing how much there is still no training in gender perspective in the media.

“Do you blame yourself for something?” Dal Prá asks after a woman on her back recounted her painful experience, visibly moved. Dahyana, the young Cordovan woman who was sexually assaulted in the Ampliación Las Palmas neighborhood responds forcefully that she is not guilty of anything, that she has been the victim of a sex crime.

It is not the first time that the journalist has committed symbolic and media violence. In 2019, in the case of Lautaro Teruel, accused of sexual abuse of a ten-year-old girl, he described the fact on the air as a “mistake”. The same thing happened in 2018, when interviewing a young woman who had been abused in the vicinity of the Kempes Stadium, who asked her, after the account of the events: “Are you sorry for how you reacted?”.

This approach to sexual abuse cases, focusing on the victim’s guilt and questioning their actions, only manages to minimize the fact of physical and sexual violence to which they were subjected through re-victimization and stigmatization. This treatment is an exercise in media violence, not only towards the victim who is exposed and questioned, but also towards other women and femininity who are part of the audience and may have experienced situations of the same type. The impact of a journalistic action of these characteristics is enhanced by the breadth of the scope of the channel and the program’s central schedule.

Nor is it the first time that Canal 12 commits these forms of gender violence nor the first time that it receives public condemnation. This recidivism does nothing more than make evident the lack of commitment of the environment with the visibility, prevention and fight for the eradication of the different types and modalities of gender violence.

In this situation, we denounce the facts before the Public Defender, the administrative body that protects the rights of the hearings, so that it analyzes the interview and intervenes, making recommendations to the media.

Symbolic and media violence in the media
The media are key actors in the construction and reproduction of meanings and values ​​that can legitimize or transform violent practices, behaviors and ways of understanding the world. They are actors who have the possibility of building a more just and equitable society through the deconstruction of gender roles and stereotypes that violate LGBTIQ + women and people.

Unfortunately this is not the case, despite being recognized by law. We are, once again, before a medium that systematically exercises symbolic and media violence in accordance with the definitions of Law 26,485 on Comprehensive Protection to Prevent, Punish and Eradicate Violence against Women, and which are also contemplated in Law 26,522 on Services of Audiovisual Communication.

Media violence is one that through stereotyped patterns, messages, values, icons or signs, transmits and reproduces domination, inequality and discrimination in social relations, naturalizing the subordination of women in society.

Symbolic violence is any publication or dissemination of stereotyped messages and images through any mass media, which directly or indirectly promotes the exploitation of women or their images, injures, defames, discriminates, dishonors, humiliates or attempts against dignity of women, as well as the use of women, adolescents and girls in pornographic messages and images, legitimizing unequal treatment or building sociocultural patterns that reproduce inequality or generate violence against women.

To avoid these types of violence when dealing with cases of sexual abuse, the Public Defender’s Office has a Guide for the responsible treatment of cases of violence against women, in which it indicates that it is necessary to “dispense with approaches that stigmatize, blame , they disbelieve and / or sexualize women in situations of violence ”, as well as“ privilege approaches focused on prevention and awareness of the social problems of violence against women, regardless of the spectacularization and fictionalization of cases.”

It is urgent that the media and journalists are trained and sensitized to develop communication with a gender perspective, egalitarian and non-sexist, but fundamentally, that they put aside these violent practices.

The only appropriate and responsible way of addressing violence against women through the media is starting from a perspective that respects human rights and is committed to the prevention and eradication of violence.

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The end of a historical tradition in the IDB presidency?

In June, the United States nominated, for the first time since the institution’s creation in 1959, a North American candidate for the presidency of the Inter-American Development Bank (IVD).

“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 mid-June, the President of the United States, Donald Trump ,  As candidate for the presidency of the Inter-American Development Bank -IDB-, Mauricio Claver-Carone, current advisor for Latin America of the National Security Council, was nominated.

The nomination jeopardizes the old IDB tradition that the agency’s presidency always rests with Latin Americans, while the vice presidency is held by an American. Thus, since its creation in 1959, only four presidents have held the presidency of the Bank, all of them from Latin America: the Chilean Felipe Herrera (1960-1970), the Mexican Antonio Ortiz Mena (1970-1988), the Uruguayan Enrique Iglesias (1988 -2005) and the Colombian Luis Alberto Moreno (2005-2020). Although the IDB’s Articles of Agreement do not establish any determining factor in relation to the nationality of the person who must hold the presidency, there is an unwritten norm from its very creation by which the body must be directed by a person from the region. It was even one of the conditions for which it ended up accepting that the Bank’s headquarters be in Washington DC. This type of unwritten norms regarding the nationality of its presidents can also be found in other multilateral institutions. For example, the presidency of the World Bank has always been held by a person from the United States, the International Monetary Fund – IMF – has historically been chaired by a representative of Europe and, as mentioned, the IDB by a person from Latin America.

The new IDB president, who will be elected by the IDB Group Board of Governors on September 15 in Barranquilla, Colombia, will replace Luis Alberto Moreno, who has been in the Bank’s presidency since 2005. In addition, with the nomination of The US reduces the chances for the Argentine Gustavo Béliz, since Latin American countries such as Brazil, Ecuador, El Salvador, Jamaica, Colombia and Uruguay support the Claver-Carone candidacy.tional Security Council.

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Authors

  • Gonzalo Roza 
  • Sofía Brocanelli 

Contact

Gonzalo Roza, gon.roza@fundeps.org

We request information from the Ministry of Environment of the Nation

During December of last year, the National Congress passed the Law on Minimum Budgets for Adaptation and Mitigation to Climate Change. However, a large part of its provisions must be regulated by the National Executive Power to guarantee its operation.

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 brand new Law on Minimum Budgets for Adaptation and Mitigation to Climate Change No. 27,520 was enacted in December 2019, the month in which it was also enacted in fact, and is currently fully in force today. Despite this, much of the content of this regulation requires regulation by the National Executive Power for its implementation. It should be remembered that once a new law has been passed, it is the President of the Nation who must, through a regulatory decree, enable its execution (art. 99 inc. 2nd of the National Constitution).

Although the current context around the pandemic has prevented the normal operation of the public administration, the truth is that the progress of phases around Preventive and Compulsory Social Isolation, together with the implementation of virtual work mechanisms, have allowed to a certain extent the operation of state agencies. Such possibilities, added to the circumstance that the Argentine Republic is in a state of “Climatic Emergency”, make possible and demand the urgent regulation of the law for its effective operation.

In the absence of public information about regulatory projects, and in the face of a notorious delay on the part of the Executive Power, it is that we request information from the Ministry of Environment and Sustainable Development of the Nation in charge of Minister Juan Cabandié regarding the current state of the regulatory process. Such request is framed in the right guaranteed by articles 1, 2 subsection b, and 3 of the Law of Access to Public Environmental Information N ° 25,831. Based on a response, it will be possible to monitor whether there are advances in regulation, if there are instances of citizen participation, and if bodies such as the National Cabinet on Climate Change and its corresponding Advisory Council are in the process of being established. by regulations.

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Dismissal in the “Mother Cause” Ituzaingó Annex

As a result of a presentation made by the defense of one of the accused in the so-called “mother cause” of Barrio Ituzaingó, the Criminal Chamber No. 12, decided to allow the dismissal. She considered that the accused in question had already been convicted of the same crime in the first trial in which the fumigations in the neighborhood were tried. Now it will correspond to the Superior Court of Justice to resolve such situation.

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

On June 23, 2020, the Criminal and Correctional Chamber No. 12, decided to dismiss producer Francisco Rafael Parra in the “Mother Cause” of the Ituzaingó neighborhood. He was accused of the crime of malicious environmental contamination.

The Court understood that Parra had already been tried and convicted for the same crime. To reach such a conclusion, the judge confronted both facts, the one for which he was previously convicted, and the fact on which the current accusation fell (in the mother case). The Chamber determined that they were the same “criminal event”, so judging it again would imply violating the so-called “non bis in idem” guarantee that prohibits double persecution for the same fact already tried.

Faced with such a decision, the parties to the case filed “cassation” appeals. From there, it will correspond to the Superior Court of Justice through its criminal chamber, to decide whether the decision of the Criminal Chamber must be confirmed or reversed.

The dismissal of the producer, already previously convicted of the same crime, implies the impossibility that in the mega-case he can be convicted again. This situation is important, since an eventual second sentence would entail effective enforcement in prison.

On the other hand, the foundations on which the Crime Chamber was based to resolve the dismissal, are highly debated in the legal field. In this sense, the arguments put forward by the Public Prosecutor of the Chamber are important, who in order to seek the trial of the accused, argued that the fact judged previously, was not the same now tried, and that it was far from being applicable the category of crime continued in the case since the circumstances of time, place, and mode of commission were radically different.

It is worth remembering that the so-called “Mother Cause” (also called the Barrio Ituzaingó megacause) is well known for treating the accumulation of numerous complaints of fumigation in the Barrio. This has been more than sixteen years, in which the prosecution and complaint presented as witnesses to numerous affected neighbors, experts in the subject, teachers from different universities, among other specialists, tending to determine the effects of the fumigations in cancer rates and malformations in the neighborhood.

This year, the Chamber had set the date for the oral and public trial for March, but due to the Covid-19 pandemic, it had to be suspended. Even so, the Chamber processed the exception presented by Parra’s defense.

The first cause set an important precedent and was symbolic in the fight in residential areas, as it was the first sentence in our country and in Latin America to convict an agricultural producer and an air fumigator for the crime of malicious contamination. In this sense, the judgment of the “megacause” by the particular nuances it presents, is transcendental in this struggle initiated by the mothers of Barrio Ituzaingó.

Authors

  • Ananda Lavayen
  • María Laura Carrizo

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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“Precautionary distancing” in the application of agrochemicals

On June 12, 2020, in the city of Santa Fe, the Second Chamber of the Civil and Commercial Appeals Chamber, made up of Eduardo Sodero, Luciano Pagiliano and Armando Drago, resolved to establish a distance of one thousand meters for fumigations land around a family home. This resolution was made within the framework of a fumigation action filed by Norberto Oscar Bassi and Estefanía Bassi against the Commune of Zenón Pereyra, Carlos Schalbetter, Luis Ballarino, Ballarino Rural S.H. and “subsidiarily” against the province of Santa Fe.

“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”.

Two residents of the town of Zenon Pereyra (Santa Fe) promoted an amparo action in order to prohibit fumigations in the fields adjacent to their home, in compliance with city ordinance no. 11/11. Through the action they requested that manual fumigation within 1000 meters with any type of agrochemical product be prohibited, at the same time that they requested the planting of a live fence to mitigate the contaminating effects of the products.

The plaintiffs claimed to be neighbors of the fields of Messrs. Schalbetter and Ballarino (the former, leased to the latter) in which soybeans and wheat were planted and fumigations with agrochemicals (2-4 D and glyphosate) were carried out through the use of “mosquitoes”. Furthermore, the plaintiffs stated that due to the fumigations and the toxicity of the products, they suffered from respiratory difficulties and other health disorders.

In the first instance, the District Judge in Civil, Commercial and Labor Law of the city of San Jorge decided to grant the amparo action and to prohibit the fumigation of the neighboring fields to the plaintiffs at a distance of less than five hundred meters. , “With no type of agrochemical”. In his sentence, the judge repeated what was resolved in the case «Peralta c. Municipality of San Jorge ”, considering that“ nothing has changed ”(and therefore“ the criteria set must be maintained ”), without prejudice to rejecting the request for“ a living fence ”.

Faced with such pronouncement, the co-defendant Luis Ballarino and the actors filed an appeal for annulment and appeal. The co-defendant maintained that the ruling was void because it had been based on poorly added documentation, and that this was favorably valued by the amparo. Regarding the appeal, he argued that the proposed protection did not meet the necessary requirements for its “origin” (requirements for it to be dealt with by a judge) and that the damage or injury to health had not been proven.

As for him and the amparista, they maintained that the sentence was null and void because the court said nothing about the request for the tree perimeter fence, and that it had only “copied and pasted” the grounds for a previous ruling. Regarding the appeal, they stated that the judge, when setting the distances, did so without taking into account the geographical and urban characteristics of the area, and that he considered the right to property and work over the right to life, to health and a healthy environment, without considering the environmental public order and the principles of “no regression” and “progressivity”.

The resolution of the Chamber

The Chamber granted the “appeal for annulment” filed by the actors. The organ affirmed that the judgment of first instance had effectively omitted to pronounce on certain issues raised, and that it lacked sufficient justification since it had only limited itself to literally transcribing its own precedent of relative antiquity, without taking into account or referring to the provincial rules and premises at stake as well as the principles that assist in environmental matters.

To resolve, they had special consideration in the rights of people who, for different reasons, settle in places adjacent to the land where exploitations are carried out (read fumigations), understanding that it is not fair or reasonable that they are disproportionately affected . They also took into account the protection deserved by people who have not yet been born, with whom there is a debit of intergenerational justice.

The court decided to set a thousand meters – counting from the outer limit of the plaintiffs’ house – the minimum distance to observe to carry out land spraying. The judges argued that, as a result of the greatest existing scientific evidence regarding the effects of agrochemicals, it was necessary to “adjust” the distances for the fumigations, also taking into account what was established by the judgment in the “Peralta” case. c. Municipality of San Jorge ”, of December 2009, which has become a common thread through the reiteration of other provincial courts. In this way, they reiterated the need to optimize the protection of health and well-being in the face of agricultural practices, encourage the use of alternative herbicides and redirect production towards another less dependent on agrochemicals.

In the aforementioned case, the classic collision of the economic rights of agricultural producers with the essential rights to a healthy environment, to life and to the health of people is presented. For its solution, a concordance between them must be sought, without forgetting that the human being is the source of all rights, taking into account the irreparability of the affectation of the essential rights of the affected communities, especially when there is ample evidence that shows that the Agrochemicals are not harmless to people’s health.

This resolution joins the list of judicial decisions that establish a minimum protective threshold for people who have their center of life in the vicinity of agricultural operations, protecting the neighbors who suffer the consequences of the fumigations and are deteriorated, thus their health and its development possibilities. In this context, and with the existing scientific information, we want to highlight the prevailing need to update the protective laws, which, based on the precautionary principle, must urgently advance in restricting the use of agrochemicals.

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Authors

  • Laura Fernandez
  • Ananda María Lavayén
  • Maria Laura Carrizo Morales

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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The BRICS Bank designed its new president: the Brazilian Marcos Prado Troyjo

In a special meeting, the Board of Governors of the New BRICS Development Bank elected Brazilian Marco Prado Troyjo as the new president of the multilateral institution.

“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 Board of Governors of the New Development Bank -NDB- of the BRICS met in a special way through videoconference to elect the new president of the bank: the Brazilian Marcos Prado Troyjo, who will take office on July 7. Its vice president will be Anil Kishora from India and he will serve as the bank’s chief risk officer. The presidential term is 5 years and the presidents are elected on a rotating basis between the member countries of the BRICS, that is, between Brazil, Russia, India, China and South Africa.

Troyjo was vice-minister of economy in Brazil, served as special secretary for Foreign Trade and International Affairs, and represented the Brazilian Government on the boards of multilateral development institutions. In addition, he chaired the Brazilian External Financing Commission and the National Investment Committee. He was also co-founder and Director of BRICLab at Columbia University, United States, and is a member of the World Future Council on International Trade and Investment of the World Economic Forum (WEF).

Marcos Troyjo will replace the previous president of the KV Kamath Bank of India, who has held the presidency since 2015 and is responsible for the NDB’s response to the COVID-19 pandemic, through the launch of the Emergency Program Loan Product COVID-19. The new president of the NDB will have the challenge of facing the post-pandemic economic consequences, reactivating the infrastructure projects and with it the activity of the multilateral bank. It remains to be seen also what direction the New Development Bank will take, but also the same space of the BRICS after the pandemic, given the loss of influence that the forum has experienced in recent years and the criticism it received, including from from the president of Brazil himself, Jair Bolsonaro.

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Contact

Gonzalo Roza, gon.roza@fundeps.org

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

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

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

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

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

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

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Contact

Gonzalo Roza, gon.roza@fundeps.org