, ,

The Inter-American Commission presents its annual report 2018

The Inter-American Commission on Human Rights (IACHR) presented its Annual Report 2018 at the end of last month, in which it reports the work carried out throughout the year. This report constitutes the main instrument of accountability of the IACHR, as well as monitoring the human rights situation in the region and following up on its recommendations.

“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”.

Chapter IV consists of a descriptive panorama on the situation of human rights in the member countries, with a special emphasis on the rights and issues prioritized by the IACHR, as well as on transversal axes of Democratic Institutionality, Institutionality in Human Rights, Access to Justice and Citizen Security; and Right to the Environment.

Together with lawyers from the Argentine Northwest on Human Rights and Social Studies (ANDHES), we presented a shadow report on these axes in December of the last year in the subjects we work on.

In the report for Argentina, the Commission took the matters reported in the shadow report. In the general considerations, it paid particular attention to the concern shown regarding the bill on collective processes; the situation of the right to protest; mobilizations regarding the debate regarding access to women’s sexual and reproductive rights, as well as possible reforms that would restrict the scope of the sex education law. Reference is also made to the clashes between public authorities and indigenous communities; the economic and financial situation in general and its possible impact on human rights, and in particular. Special considerations were made about the situation of poverty that affects children; the appointment of a child advocate that is still pending; expulsions of migrants; and the conditions of detention that prevail in police stations.

In turn, regarding issues related to human rights institutions, the IACHR highlighted our concern about the lack of nomination of a titular person in the Office of the Ombudsman of the Nation, a position that remains vacant since 2009. He also collected our concern about the economic and financial situation of the country and its effects on institutions regarding the allocation of resources and the functioning of the various State entities responsible for the protection of human rights.

Regarding access to justice, the Commission took note of the concern we expressed regarding the Collective Processes Bill prepared by the Ministry of Justice and Human Rights of the Nation, which, if successful, could seriously limit the use and effectiveness of collective actions, by restricting the possibility of suing the State and companies in defense of collective rights.

Regarding the situation of women’s rights, the IACHR welcomed the approval of the protocol for the investigation and litigation of femicides in Argentina, celebrated the approval and entry into force of Law No. 27,452 “Brisa Law” that grants economic reparations to sons and daughters of victims of femicide in Argentina and welcomed the approval of the “Micaela Law”, which aims to train officials in gender violence.

However, the Commission stated that “it has continued to monitor the various obstacles that women, girls and adolescents continue to face in the exercise of their sexual and reproductive rights, as well as the mobilization and legislative debate to exercise them. “In addition, he pointed out that” given the resurgence of the debate on the reform of the Sexual Education Law (Law No. 6,150), proposals have also emerged to revise and reform it, some of which would have the purpose of limiting its scope and eliminating mentions dedicated to diversity of gender and sexual diversity, topics that are follow-up by the Commission in order to ensure that the reviews are carried out in line with the inter-American standards on the matter. ”

With respect to the right to the environment, the Commission stated that the State informed it about a National Plan of Action to Combat Desertification and that the Secretariat of Environment and Sustainable Development of the Nation has developed several communication channels within the framework of the National Law No. 25,831 in order to guarantee the right of access to environmental information. He also indicated that “the National Strategy for Environmental Education is being developed, a public policy that guides the bases for the construction of intersectoral programs in the theme to promote the action of individuals, groups and society as a whole for environmental care in its entirety. He also indicated that a National Cabinet on Climate Change has been formed, which is currently working on the articulation of mitigation and adaptation measures on the implementation of the National Determined Contributions of the country. Finally, there is also the generation of indicators for the management of biosphere reserves and private initiatives for the conservation of biodiversity. ”

Nonetheless, the IACHR was alerted to the use of agrochemicals, which is one of the most worrisome issues for the country, particularly because of the harmful effects on the lungs and skin; as well as the increase of conditions such as depression, seizures, immune and endocrine disorders. Inclusive attention was drawn to the increase in the number of people with cancer in the Cordovan town of Monte Maíz in the fumigation season.

For its part, the Special Rapporteurship on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Commission presented its own report, highlighting the main data collected as concerns, regarding the situation of the DESCA considered in its generality in all the countries of the region. There, the Rapporteurship mentions again the situations reported in the shadow report related to the right to the environment and the right to health, particularly sexual and reproductive rights.

We celebrate the conclusions prepared by the IACHR and the Rapporteurship on DESCA and that have echoed the reports sent from civil society. We hope that the State has appropriated these recommendations and incorporates them in its design of public policies to improve the human rights situation in our country.

,

The gender wage gap and the struggle for equal pay

Although women are half of the world’s adult population, men continue to occupy leadership positions, hierarchical positions and better paid jobs. The salary difference in your favor is one of the most difficult injustices to make visible and change.

“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 Argentina, according to the indices provided by the INDEC and the Ministry of Labor, Employment and Social Security of the Nation, the gender wage gap in 2018 was 27.5%. Therefore, the women had to work one year and three months to get the same as them in just one year. And that gap is even greater if we talk about unregistered workers, since in those cases the difference reaches 36% less compared to the salaries of informal workers.

No work environment is excluded from the aforementioned statistics. This is demonstrated by the reports on the Media and Advertising Agencies carried out by the Fundeps Gender team, in which it was possible to establish what were some of the causes that generated this gap.

According to the data collected in our research on gender and media, only the Clarín Group recognized a 20% wage gap between men and women, while the other companies, both public and private, said that for the same task is paid equal remuneration. Although this was not manifested by almost half of the workers, they did observe discretionary situations in the allocation of salaries. The most common cases we could see were: “radio operators who charge more than their female colleagues on private radios; men who occupy the best rankings in public media, or promotions that do not respect professional careers but are based on gender identities” (see full report).

Regarding the advertising agencies, we observed that women received 21% lower salaries in the hierarchical positions and that in relation to the positions of male employees the total gap amounted to 46% (see full report). This gap it deepens and aggravates more if we take into account that the advertising industry has a female participation parity.

When we ask ourselves why there is a gender wage gap, we understand that they are a bunch of factors that cause it to reproduce and affect us. Within the scope of the media and advertising agencies, several of these factors were identified: the forms of hiring that imply a precarious employment especially for women; the glass ceiling that prevents them from accessing positions of higher rank and salary; That same lack of women in leadership positions that demotivates others to try to aspire to them and the allocation of issues that are not remunerated by media companies.

The sexual division of labor that assigns to women the tasks of care and the home, is one of the biggest sources of wage gap between men and women. Since they spend the most time on reproductive work (invisible and unpaid), they have less time to study, train and work outside the home. This poverty of time makes it difficult for them to access full-time contracts, extended working hours (overtime), which are what often mark the salary difference, in many cases they must accept more flexible jobs (usually precarious and worse payments) and, usually, they end up facing a double working day: they work inside and outside the house.

These causes are transversal and can be observed in other work areas. It is for all this that, in reference to the day of equal pay, we demand economic policies with a gender perspective, which help to close the wage gap and that fight in this way the historical injustice suffered by working women.

Author

Valentina Montero

Contact

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

,

The law in the face of health challenges in Latin America

On Wednesday, April 10, we carried out the conference “The right to face the health challenges in Latin America” at the Bar Association of the Province of Córdoba.

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

The event was coordinated by Dr. Viviana Perracini, Director of the School’s Right to Health Room. Dr. Claudia Zalazar, President of the Chamber of Right to Health of the Institute of Research in Legal Sciences of the Blas Pascal University, spoke on “The role of the courts in the realization and enjoyment of the right to health, experiences.”

Then, we have the participation of an international guest, Oscar Cabrera, Director of the Healthy Families Program of the O’Neill Institute at Georgetown University. His presentation revolved around the law as a fundamental tool to solve health problems

Finally, our Executive Director, Juan Carballo, developed the interrelation between the international and the local level in health regulation.  

We appreciate the support given by the Bar Association, the O’Neill Institute and the Social Rights Research Group (GIDES) to carry out this event.

Contact
Mayca Balaguer, maycabalaguer@fundeps.org
,

The Second Five-Year Joint Action Plan and the deepening of relations between Argentina and China

Within the framework of the G20 summit held in Argentina in 2018, the Heads of State of Argentina and China signed 30 trade and investment agreements for the next five years. These agreements are part of the Second Five-Year Joint Action Plan between the two countries.

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

On December 2, 2018, Argentine President Mauricio Macri and Chinese President Xi Jinping signed thirty trade and investment agreements within the framework of the second 2019-2023 joint action plan between our country and the People’s Republic of China.

The Second Five-Year Plan, like the first, seeks to strengthen the bilateral relationship and constitutes a roadmap with actions to be carried out in a number of areas. Most of the agreements are of an economic-commercial nature and include the areas of infrastructure, investments , finance, transport, mining, energy, science and technology, tourism, South-South Cooperation and electronic commerce.

Among the agreements, one of the most important is the formalization of the exchange of currencies (swap) with the Asian country for an amount of 8,500 million dollars in addition to the existing one of 11,000 million dollars.

The agreements that were already signed at the time of the announcement of the Second Plan were the Cooperation for Integral Agricultural Development Projects in New Irrigated Areas of the National Water Plan of Argentina, the Memorandum of Understanding on environmental protection and sustainable development, and the establishment of the Confucius Institute at the University of Córdoba.

Agreements have also been signed with companies such as the “Term Sheet” between the Ministry of Finance of Argentina and the Development Bank of China (CBD) for the creation of a Fund for an estimated amount of up to USD 1,000 million, in order to finance “Working Capital”; the Framework Agreement for the Promotion of Trade in Oil Products between the Ministry of Agribusiness Government and China Grain Reserves Group Ltd. Company (SINOGRAIN).

The following agreements were signed after they were announced: the Framework Cooperation Agreement between China Export & Credit Insurance Corporation (Sinosure) and the Bank of the Argentine Nation; the Addition to the Financing Contract for the “Rehabilitation of the Belgrano Cargas Railway”; the Financing Agreement between the Ministry of Finance of Argentina and the Development Bank of China (CBD) for the Acquisition of Rolling Stock for the Roca Eléctrico Railway and, finally, the Commercial Contract between the Ministry of Transportation and the Chinese company CRCC for the recovery of the San Martín Cargas Railway (Stage I: renewal and improvement of roads).

Finally, the following agreements are found:

  • Agreement on the Extension of the Validity of the Memorandum of Understanding for the Establishment of a Strategic Dialogue Mechanism for Economic Cooperation and Coordination (DECCE);
  • Agreement for the Elimination of Double Taxation with respect to Income and Property Taxes and the Prevention of Tax Evasion and Avoidance (CDI);
  • Memorandum of Understanding for Strengthening Fiscal and Financial Cooperation;
  • Memorandum of Understanding on the Promotion of Commercial and Investment Cooperation;
  • Memorandum of Understanding on Strengthening Cooperation in the Infrastructure Sectors;
  • SWAP expansion of currencies;
  • Protocol of Phytosanitary Requirements for the Export of Argentine Fresh Cherries to China;
  • Memorandum of Understanding on Electronic Commerce;
  • Memorandum of Understanding on Cooperation in Trade in Services;
  • Sanitary Protocol for the Export of Sheep and Goat Meat to China;
  • Adaptation of the Health Protocol for the Export of Standing Horses to China;
  • Convention between China and Argentina on preventing and combating the illicit traffic in cultural property, and the return of illegally transferred cultural property;
  • Execution Plan for Cultural Cooperation between China and Argentina 2019-2023;
  • Agreement on reciprocal recognition of higher education certificates;
  • Agreement between the Chinese Academy of Social Sciences of China and the Secretariat of Science and Technology and Productive Innovation on the establishment of the virtual center of social sciences China-Argentina;
  • Cooperation Framework Agreement between the National Radio, Film and Television Administration of China and the Federal Public Media System;
  • Cooperation Agreement between the Media Group of China and Radio and Television of Argentina;
  • Memorandum of Understanding on Cooperation between the National Supervisory Commission of China and the Ministry of Justice and Human Rights of Argentina;
  • Memorandum of Understanding between the Ministry of Modernization Government and the Chinese Academy of Government.

The interest of the Asian country to make investments in Argentina is linked to the actions that it has carried out since the last years in the Latin American region, positioning itself as one of the main investors. The First Five-Year Plan between Argentina and China meant the strengthening of ties in their bilateral relations with the aim of developing a cooperation strategy. With the Second Plan, a further step is being taken in strengthening and deepening the bilateral relationship between the two countries.

For Argentina, the agreements represent an opportunity for development in the future, however, we must be cautious about the risks and the potential negative aspects of them, which can result in excessive increases in debt, negative impacts at the socio-economic level. environmental infrastructure projects, competitiveness problems in the commercial field or even a certain tendency towards the reprimacy of the Argentine economy towards which several of the agreements point. And do not forget to add, to all this, opacity and little transparency in terms of access to information that surrounds the vast majority of these agreements, whose general aspects may come to light, but not their details and specifications As for its implementation.

More info

Author

Sofía Brocanelli

Contact

Gonzalo Roza, gon.roza@fundeps.org

 

 

,

China is committed to respecting human rights in its foreign investments

On March 15, China accepted 284 of the recommendations made in its third Universal Periodic Review (UPR) before the United Nations Human Rights Council (UNHRC). These are aimed at preventing human rights violations in the field of their investments abroad. Undoubtedly, this is an unprecedented event.

“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 People’s Republic of China (China) undertook, before the United Nations, to respect human rights in its investments abroad. It accepted 82% of the recommendations made by dozens of countries in its third Universal Periodic Review (UPR).

The UPR is an evaluation conducted every four and a half years by the Office of the United Nations High Commissioner for Human Rights (OHCHR). It allows rating the behavior of each member state when implementing the UN human rights treaties.

Here are some of the most relevant recommendations that were accepted:

  1. Promote measures that guarantee that development and infrastructure projects, within and outside of their territory, are fully compatible with human rights and respectful of the environment and the sustainability of natural resources, in accordance with national and international law applicable and with the commitments of the 2030 Agenda for Sustainable Development (Ecuador);
  2. Consider the possibility of establishing a legal framework to guarantee that the activities carried out by the industries subject to their jurisdiction do not undermine human rights abroad (Peru);
  3. Adopt new measures on business and human rights in accordance with their international obligations and ensure that companies operating in high risk or conflict areas conduct due diligence on human rights in accordance with the Guiding Principles on Business and Human Rights (State of Palestine);
  4. Continue to apply Chinese laws, regulations and standards, such as the Guiding Principles on Business and Human Rights, to Chinese companies that operate beyond the borders of China (Kenya);

The Chinese delegation said that its opening to host the aforementioned recommendations “fully demonstrates China’s determination and its open and active attitude towards the promotion and protection of human rights.” However, China must inform in two years in its Mid-Term Review before the UNHRC, the progress achieved after the implementation of these recommendations. In addition, you will need to develop an action plan to ensure that your companies and investors respect the rights of local communities and the environment.

María Marta Di Paola of the Environment and Natural Resources Foundation (FARN), expressed that “this commitment should not be considered a paper promise; On the contrary, social organizations around the world must take the floor to the Chinese State, keep vigilant and report to the Chinese embassies and CDHNU when there are violations in the Chinese projects, and demand redress for the violated rights of the victims and the environment “.

It should be noted that last year the Collective on Financing and Chinese Investments, Human Rights and Environment (CICDHA) presented a report in the framework of the UPR, along with 17 other Latin American NGOs, examining 18 projects with Chinese participation in Ecuador, Peru, Bolivia, Brazil and Argentina. The report showed that Chinese companies and banks have systematically violated several rights protected by the Universal Declaration of Human Rights and other United Nations instruments.

What happened in Geneva on March 15 is an unprecedented event that must be celebrated. Likewise, it is important to remember that the results obtained must be largely attributed to the hard work done by numerous civil society organizations in the region and the world.

More information

Video: Consideration of the Universal Periodic Review outcome of China

Report: Evaluation of the Extraterritorial Obligations of the People’s Republic of China from Civil Society: Cases of Argentina, Bolivia, Brazil, Ecuador and Peru

Author

Melanie Mackenzie

Contact

Gonzalo Roza, gon.roza@fundeps.org

Agustina Palencia, agustinapalencia@fundeps.org

,

We present a report to the IACHR on the rights of the elderly

In the framework of the public consultation carried out by the Unit on the Rights of Older Persons of the IACHR, Fundeps, together with other civil society organizations, presented a report on national systems for the protection of the rights of older persons at the beginning of this year. the elderly in America.

“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 its 2017-2021 Strategic Plan, the Inter-American Commission on Human Rights prioritized the theme of the elderly. To that end, it considered it necessary to identify synergies to advance in the construction of inter-American standards in this area, as well as the development of new working mechanisms, especially to promote the ratification and implementation of the Inter-American Convention on the Protection of Human Rights. Humans of the Elderly and make visible the situation of this population group.

For this reason, in order to prepare a regional report on the rights of older persons, he called for sending information from the member states of the Organization of American States on national systems for the protection of the rights of older persons. America.

The report was presented by Fundeps, the Inter-American Heart Foundation Argentina (FIC Argentina), the Commission specializing in the Rights of Older Adults of the Bar Association of the Province of Córdoba, the Center for Research in the Law of Old Age -National University of Rosario -, the Permanent Seminar on Research on the Law of Old Age -University of Buenos Aires-, the Research Institute on the Law of Elderly and Disability -Universidad Nacional del Centro de la Provincia de Buenos Aires and the Master’s program in Law de la Vejez -Universidad Nacional de Córdoba.

It made explicit the norms and programs that recognize or develop the rights of the elderly in Argentina, making special mention of the Province of Córdoba. Some of the obstacles and challenges for the protection of the rights of the elderly were highlighted, such as: the absence of intersectoral and articulated policies for the promotion of physical activity, the absence of human rights perspective in the regulations of the residences of long stay, the lack of publicity of the residences of long stay enabled.

Likewise, the report included the identification of the institutions and competency frameworks in the promotion of physical activity for the elderly and long-stay residences and the survey of a good practice at the local level -Córdoba- as is the development of the action research project on access to justice for vulnerable sectors – Project AJuV-, carried out through the Office of Human Rights and Justice of the Judicial Branch of Córdoba, from which contextual action strategies are developed to guarantee the effective access to justice for the elderly.

Finally, emphasis was placed on the absence of mechanisms for data collection and analysis of information regarding older persons and the need to have indicators to measure the results of the (few) public policies implemented, in order to monitor and assess progress and challenges.

In this way, the report gives an account – partially – of the situation of the rights of older persons in Argentina, revealing the regulatory insufficiency in an integral manner and the situation of vulnerability to which the elderly are exposed in the country, making it essential to have public policies with a focus on prioritization and inclusion in order to avoid non-compliance with international standards assumed by the Argentine State.

More information

Author

Laura Alesso

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

,

Healthy school environments: a key policy in the fight against childhood overweight and obesity

The Ministry of Health of the Nation published a document that condenses a series of recommendations for the implementation of policies to prevent overweight and obesity in children and adolescents (NNyA) in educational institutions. It is extremely necessary that these recommendations become effective 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”.

This Thursday, March 21, at the Secretary of Government of Health, the presentation of the Document of Standards of Healthy School Environments was carried out.

Overweight and obesity worldwide make up a serious public health problem that has acquired pandemic characteristics, which currently shows a worrying upward curve in children and adolescents. In our country, according to a recent report published by the Secretary of Government of Health in collaboration with UNICEF, overweight and obesity in NNyA represents the most prevalent form of malnutrition.

Currently, many children and adolescents grow and develop in “obesogenic environments”, that is, environments that encourage the excessive consumption of kilocalories and critical nutrients such as sugars, fats and sodium; In addition to offering multiple barriers to the development of physical activity and encourage sedentary behavior. Thus, the lack of regulation that promotes healthier environments has favored the growth of overweight and obesity in recent decades.

The objective of the document published by the country’s highest health authority is to establish standards that guide the process of enacting laws and implementing effective programs aimed at transforming current “obesogenic school environments” into “healthy school environments.” Given that the educational institution is a privileged scenario to promote health and the development of a healthy diet and lifestyle, it is considered essential to promote healthy school environments through comprehensive regulation that defends the rights of children, girls and adolescents and that it provides them with substantial protection.

Specifically, the Ministry of Health recommends the development of school environment regulations that revolve around two main areas: healthy eating and physically active school.

For the promotion of a healthy diet in school, school canteens must comply with the established nutritional criteria and with the standards of preparation and food service. Therefore, it is of the utmost importance that the cooks and kitchen assistants are constantly trained in topics related to the tasks they perform.

In addition, it is essential that the school implements a Food and Nutrition Education (EAN) strategy, and that it promotes healthy eating habits in the dining rooms. Likewise, a school infrastructure must be guaranteed that facilitates access to a healthy diet and, essentially, to safe water. In regard to healthy eating, it is also essential to regulate the sale of food and beverages within educational establishments -of all levels and modalities- and, to that end, ensure that the school is a space free of advertising, promotion and sponsorship of food and drink.

Likewise, and given that the school institution is the most important institutional actor in the promotion of physical activity in childhood and adolescence, the aforementioned organism considers that the school should facilitate access to the practice of physical activity, both in the formal and not formal, and install healthy and active habits, incorporating these topics in teacher training, ensuring accessibility and security in the spaces, with a view of inclusion.

We consider that the technical recommendations of the Ministry of Health for the design of healthy school environment policies are adequate to protect the right to health of children and adolescents. Guaranteeing healthy school environments constitutes an obligation assumed by the State and an opportunity to articulate with social and academic actors. The effective implementation of this policy is an objective that can only be achieved through an intersectoral articulation of different government actors (such as the Health, Education, and Social Development sectors, among others) and through a continuous process that guarantees the sustainability in the implementation and monitoring of measures.

More information

Sobrepeso y obesidad en niños, niñas y adolescentes según datos del primer nivel de atención en la Argentina (2018), Secretaría de Gobierno de Salud. 

GUIA DE ENTORNOS ESCOLARES SALUDABLES. Recomendaciones para la implementación de políticas de prevención de sobrepeso y obesidad en niños, niñas y adolescentes en las instituciones educativas. (2019)

Author

Lucía Pereyra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

,

Climate change and human rights: request for a thematic hearing before the IACHR

Together with organizations with a history in the defense of human rights and the environment of Latin America and the Caribbean, we request a thematic hearing before the IACHR regarding the violation of human rights in the context of climate change in the region. In Cordoba, the cycles of floods and droughts are aggravated by the lack of planning and coordination of policies that take into account the effects of climate change.

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

On March 5 different organizations from Latin America and the Caribbean, including FUNDEPS, sent a request to the Executive Secretary of the Inter-American Commission on Human Rights (IACHR), Dr. Paulo Abrão, to hold a thematic hearing, general and regional scope, on the impacts of climate change and its impact on the enjoyment of human rights in Latin America and the Caribbean.

The thematic hearings are spaces that are granted to civil society to deal with matters of interest in the region. The petitioners can make recommendations to the IACHR so that the latter may then develop them. Although the recommendations made by the IACHR are not binding, they are usually used and taken into account by judges and authorities when deciding a specific matter; for this reason they acquire so much relevance.

The hearing was petitioned jointly with various civil organizations from several countries in the region such as the Mexican Center for Environmental Law – CEMDA – (Mexico), the Honduran Alliance against Climate Change, Due Process of Law Foundation – DPLF – (Regional ), the Inter-American Association for the Defense of the Environment -AIDA- (Regional), EarthRights International (International), the Pachamama Foundation (Ecuador), the Center for Law, Justice and Society Studies – Dejusticia- (Colombia), lFiscalía del Medio Environment – FIMA – (Chile), Center for Legal and Social Studies – CELS – (Argentina), CONECTAS (Brazil), Engajamundo (Brazil) and the Legal Defense Institute – IDL – (Peru). They have a great track record for the work they do in the region, specifically in relation to the defense of human rights and the environment. Through this request, we seek to share and combat our concern about the negative effects that climate change is already inflicting on the present and its projection in the future.

The main purpose of the thematic hearing is to transmit to the IACHR, relevant and up-to-date information regarding the role played by climate change and the measures designed to combat it, in the enjoyment of the human rights recognized by the countries of Latin America and the Caribbean.

Implications of climate change in the region

The effects of climate change are deployed throughout the world, overwhelmingly breaking social and ecological systems, generating a detriment in the enjoyment of a range of internationally recognized human rights such as the rights to life, physical health and mental, to food, water and sanitation, to adequate housing, to self-determination, among others. Added to this, it provokes a deepening of the pre-existing socio-economic vulnerabilities and differences in historically disadvantaged countries and groups.

Specifically in the case of the Americas and the Caribbean, this becomes more evident when there are currently several million people living in the path of hurricanes and low-lying coastal areas, which makes them victims of sea level rise. , storm surges and coastal floods. Even more so considering that several countries have a large proportion of their urban population living in areas less than five meters above sea level. As temperatures continue to rise, so does the risk of vector-borne diseases, such as malaria and dengue, aggravated by poor water and housing conditions, thus affecting the right to health of the population.

In addition, the rural poor in general, and indigenous groups, in particular, are especially vulnerable to climate change due to their dependence on small-scale agriculture and natural resources. Additionally, climate change differentially impacts more women. Indeed, the analysis of population censuses of natural disasters in 141 countries showed that “although catastrophes cause suffering to everyone, on average, they produce more fatalities among women than men, or they take the lives of more young women than men. “

In the case of Argentina, and more precisely in Córdoba, the cycles of floods and droughts caused by climate change are aggravated by the lack of planning and coordination of policies to combat their effects. In 2015, this situation led to the floods produced in almost all the towns of the Sierras Chicas, causing all kinds of damage – structural housing, economic and health – many still unsolved and, what is even more serious, the loss of human lives.

Adaptation and mitigation measures are not enough

The States of the region have adopted numerous measures in order to reduce the adverse effects of climate change. These are the so-called “mitigation and adaptation” measures; the first, referring to the intervention of man in reducing the emission of greenhouse gases, and the second, those that seek to moderate or avoid damage or take advantage of beneficial opportunities. The problem that arises with such measures is that in many cases they also violate or negatively affect the enjoyment of certain human rights, such as those that limit access to and use of natural resources, such as land, water and water. forests.

Por este motivo es que, luego de la entrada en vigor del Acuerdo de París (2016), todas las medidas que los Estados adopten deben “respetar, proteger y considerar sus respectivas obligaciones en materia de derechos humanos” y, en particular, “el derecho a la salud, los derechos de los pueblos indígenas, las comunidades locales, los migrantes, los niños, las personas con discapacidad y las personas en situación de vulnerabilidad y el derecho al desarrollo, así como la igualdad de género, el empoderamiento de las mujeres y la equidad intergeneracional”.

With an eye on the Framework Convention on Climate Change

If the request for a thematic hearing is approved, it will be held during the 172nd period of sessions of the IACHR, between May 2 and May 10, 2019 in Kingston, Jamaica. In addition, the following Conference of the Parties to the UNFCCC will take place in Santiago, Chile at the end of 2019, making the thematic hearing a preamble as a multi-stakeholder dialogue addressing this issue from human rights and with a regional perspective . Contributing thus to an articulation of themes conducive to the same objective: sustainable development with a focus on rights.

This new global context, where climate change is an unprecedented challenge, requires the IACHR’s innovative agency to set the standards and standards necessary for the States of the continent to advance at an accelerated pace towards a future with a safe level of greenhouse gases, allowing climate stability and with fully guaranteed rights.

As global warming continues to rise, basic human rights are at risk, affecting not only the present generations, but especially the generations to come. For all these reasons, and bearing in mind that the IACHR is the body in charge of the promotion and protection of human rights in the region, we consider it fundamental that the request for a thematic hearing presented be considered.

More information

Solicitud de audiencia temática ante la CIDH

Author

Ananda Lavayen

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

,

Revocation of the order to carry out studies on environmental contamination in Porta Hnos.’s case

On February 22, the Federal Court of Appeals of Córdoba, by majority vote, decided to revoke the resolution issued by the Federal Court No. 3 of Córdoba in the context of the Porta Hermanos case. In that resolution, studies were ordered on environmental contamination and possible pathologies present in the vicinity of the plant of Porta Hermanos S.A.

“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 Federal Court of Appeals made the appeal filed by the company Porta Hermanos SA, revoking the ruling by the Federal Court No. 3 in which the case is processed “CRUZ, SILVIA MARCELA AND OTHERS v MINISTERIO DE ENERGÍA Y MINERÍA DE THE NATION s / AMPARO ENVIRONMENTAL “. In this resolution Judge Vaca Narvaja ordered, on the one hand, the Environmental Research Center – Department of Chemistry of the Faculty of Exact Sciences of the National University of La Plata to inform the court the feasibility of carrying out a study on the possible environmental contamination at the Porta plant, and on the other hand, to the Dean of the Faculty of Medical Sciences of the same University in order to evaluate the possibility of carrying out an inspection on 100 people living in the vicinity of the plant to detect possible pathologies .

The majority vote, maintains that the aforementioned resolution violates the principle of procedural consistency since the measures ordered by the judge of first instance, do not correlate with the object of the amparo filed by those affected. Recall that the principle of procedural consistency implies that the court can not go beyond what was requested by the parties or base its decision on facts different from those that have been alleged by the parties. In this case, the Chamber also maintains that, even though the intervening judge is assisted by the powers provided for in Article 32 of Law 25,675 – which refer to a judge with an active role, concerned about the protection of a collective good such as is the environment-, they must be applied with restrictions. According to the court, these powers are limited only to knowledge of the positions of the parties, thus giving primacy to the principle of congruence over such powers.

Given this panorama, it is necessary to make certain precisions:

The vote analyzed, maintains that the purpose of the amparo revolves around elucidating whether the bioethanol plant of the company Porta Hermanos required:

  • Authorization to operate by the Ex Secretariat of Energy of the Nation
  • Conducting the Environmental Impact Assessment procedure before putting it into operation

The principle of congruence, the precautionary principle and the environmental perspective.

First, from the reading of the same resolution, it is clear that the “environmental protection” presented by the neighbors, has as its main object the “cessation of atmospheric environmental pollution” by the bioethanol plant of the company Porta Hermanos SA In this line, it is requested the closure and final closure of the plant attentive to not having complied with the procedure of Environmental Impact Assessment – “lack of legal authorization”. Well, if the claim focuses on the cessation of environmental pollution, it is fully consistent to determine the existence of such a phenomenon. Indeed, it would be impossible to stop a contamination, which in the facts has not been fully proven.

Without prejudice to this, the precautionary principle comes into play since, even in the face of uncertainty, the judge could not postpone effective measures for the protection of the environment. In the resolution analyzed here, the majority vote ignores the claim of the amparistas, which is closely linked to the measures ordered by the Federal Judge, not violating the principle of congruence.

The administrative authorizations can not be permits to pollute.

Second, even when the object of environmental protection is that identified by the Chamber, that is, the need for a legal authorization, it is necessary to consider that what underlies the formal administrative procedures for authorization is the protection of the environment. Thus, the formal permits constitute a presumption of safety of the activity enabled but do not imply a permission to pollute and damage the environment, so that, upon verification of a polluting activity, such presumption must yield.

In other words, the debate on the need for an authorization or not, basically, involves discussing whether such activity harms the environment in a way that would have required the prevention and / or management of damage through the impact assessment procedures environmental (in accordance with the provisions of Art. 11 of Law 25,675). Therefore, even in such an object, the measures ordered by the federal judge of the 1st Instance, are fully congruent.

The preventive role of the courts in environmental processes.

In the third place, the assertion made by the Chamber that the principle of procedural consistency prevails over the powers granted by Art. 32 of Law 25,675 (L.G.A), is questionable, if not erroneous.

In the processes where the environmental issue is debated, because of the well protected, the rights at stake and the particularity of the damage, it is necessary that the traditional procedural rules (read principle of congruence) are redefined from the environmental and human rights perspective. The judge acquires a preventive role and an active role in pursuit of the effective protection of the general interest, being able to adopt the necessary measures and measures (Art. 32 L.G.A). In such a role, the judge must act in favor of the protection of the general environmental interest, which acquires a preeminent value, modifying the traditional rules of the civil process, in order to prevent environmental damage, without falling into the stillness of allowing the pollution and thereby consolidate irreparable environmental damage. Under this pre-eminence, the principle of congruence is subverted, or cedes in favor of environmental protection.

It should be noted that the resolution adopted by the Federal Court of Appeals of Córdoba, is questionable as it erroneously defines the object of environmental protection as merely formal (determine the need for legal authorization), and ignores principles and fundamental rules of Argentine environmental public order. In addition, in this case the resolution revoked simply ordered measures to have more information of the current situation, something that has been the cause of successive public complaints by neighbors in the neighborhoods San Antonio and Inaudi.

It is unfortunate that a formalistic look away from reality prevents having more information, in order to better investigate and evaluate a situation of socio-environmental conflict that has been in our city for years.

More information

Author

Juan Bautista Lopez

  • Contact

María Pérez Alsina, mariaperezalsina@fundeps.org

,

More than 100 organizations are calling on EITI to publish environmental information

On the initiative of the Peruvian organization ‘Law, Environment and Natural Resources’, on February 25, a letter was presented to the Board of Directors for the Extractive Industries Transparency Initiative (EITI), demanding the publication of environmental information. More than 100 organizations in Latin America (including FUNDEPS), signed a letter asking the members of this initiative to make transparency in environmental information mandatory.

“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 EITI standard for transparency in extractive activities, seeks to disseminate information on the oil, gas and mining industry. It requires the publication of information along the value chain of the extractive industry, from the point of extraction, to the way in which revenues continue on their way to the government; even how they benefit the general public. This includes how licenses are adjudicated and registered, who are the actual beneficiaries of those operations, what are the legal and fiscal provisions, how much is produced, how much is paid, how are those revenues distributed, and what is the contribution to the economy, including employment.

It is a multilateral initiative to which governments adhere voluntarily, and ensuring the participation of civil society and companies in the extractive sector.

However, and despite the imprint of this initiative, the standard currently lacks requirements on the obligation to publish information related to the costs and environmental impacts of extractive activity. It is necessary to have information, for example, on the amount of water that a mining project consumes, fines paid by corporations for environmental violations, information on environmental impact assessments, mitigation plans, among others. These data are crucial to avoid irreversible damage to the environment and the violation of the rights of those affected by extractive activity.

During the week of February 25, the EITI Board will meet in Kiev, Ukraine; to review the provisions of the current standard. Civil society organizations in Latin America sent a letter demanding that after the review process new guidelines be incorporated to ensure that:

  • Information is disseminated at the project level, in relation to all social and environmental assessments, showing the true impact of extractive activity on ecosystems and communities.

  • Environmental and social information about payments and expenses is disclosed, including impact studies, acquired rights, licenses, fines, compensations and remediation.
  • Information on all environmental licenses and authorizations, disaggregated by company and project, is disclosed. Including how the authorities monitor environmental commitments and information.


Argentina has officially joined EITI on February 27, 2019. To strengthen the standard with the demands made by civil society, would result in an improvement on the generation and publication of environmental information in our country.

More information

Sitio WEB de EITI

Carta enviada al Directorio de EITI

Environmental Reporting: Key to Transparency

Contact

Agustina Palencia, agustinapalencia@fundeps.org

 

,

The advertising sector from a gender perspective

Together with Comunicar Igualdad, we present the results of an investigation carried out in 2018 on the advertising sector, from educational institutions, trade unions, professional associations and advertising agencies in Córdoba and 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”.

This publication is part of a research process of more than three years, carried out by the Civil Association Communication for Equality and the Foundation for the Development of Sustainable Policies – FUNDEPS – which addresses the problem of inequality in the field of communication, from access to participation, information and justice of citizens in public policies (2012/2016 and 2018), to access to equality in access to opportunities in the organizational structures of the media world, and in this case, the sector of the advertising industry.

The media and the advertising industry, as essential actors in the preparation of content, are spaces that hold great power, not only commercial or as cultural institutions, but are established as opinion makers, producers, reproducers and transmitters of values, stereotypes, meanings and common sense, while defining what is considered relevant, normal, debatable and socially accepted or rejected. It is fundamental to understand in this sense the global concern about the problem of inequality in access to opportunities for women and people in the LGTTTBIQ + community.

Already in 1995, the Platform for Action (PAB) of the Fourth World Conference on Women, held in Beijing, established as a strategic objective, within its section J, the need to “Increase access for women and their participation in expressing their ideas and making decisions in the media and through them, as well as in new communication technologies.” Among others, this is a commitment that States and civil society assumed in order to advance the process towards real equality between genders.

Closer in time, at the 62nd session of the Commission on the Status of Women, which in March 2018, the following topic was considered: The participation of women in the media and Information and communication technologies, and women’s access to them, as well as their impact on the advancement and empowerment of women and their use for these purposes.

In the same way, and as it will be analyzed throughout the present, the Yogyakarta Principles, which since 2007 have addressed the application of international human rights legislation in relation to sexual orientation and gender identity, in section 19, recommends that States ensure that both the production and the organization of media regulated by the State are pluralistic and non-discriminatory with regard to matters related to sexual orientation and gender identity, as well as in the hiring of personal and promotional policies, such organizations do not discriminate on the grounds of sexual orientation or gender identity.

In this framework, we present this report, we conducted an investigation throughout 2018, with the main objective of knowing the labor structure and gender policies of advertising agencies, professional associations, unions and educational institutions linked to the advertising sector of Argentina. The results show the representation of gender in their areas of operation, in the preparation of content and in decision-making positions. The approach is a necessary complement in order to understand the complete reality that covers the problem of communication, from a gender perspective

To carry out the report, interviews were held in the city of Buenos Aires and Córdoba, with: persons in charge of human resources or similar areas of advertising agencies; directives from universities that include careers related to the advertising sector; and unions and workers from that environment. In addition, data was collected and data was collected from official information sources.

RECOMMENDATIONS

Based on the conclusions obtained in the investigation, and the democratization suggestions of the organizations made by the publicity workers and members of unions interviewed, the following recommendations have been made.

GENERAL

  • All the actors involved, and in collective strategies, must implement measures to mainstream the gender perspective. This will allow:
    • Denature the stereotyped messages that promote discrimination and violence.
    • Respect the principle of self-determination of sexual identities and orientations to promote images, characterizations and discourses that make visible and respectful of the diversity of gender identities, sexual orientations, as well as the diversity of bodies, needs and lifestyles.
  • It is important to rethink in all areas of the advertising industry the promotion of work with audiences.

FOR ADVERTISING AGENCIES

  • Promote a diverse and equal participation in terms of gender within the advertising agencies, especially in decision-making spaces.
  • Design strategies for the reduction of horizontal [1] and vertical segregation [2] that eliminate prejudices and gender discrimination and achieve real access to opportunities for all people equally in all instances of professional development.
  • Implement positive, real and concrete actions for the inclusion of LGTTBIQ + people in the industry.
  • Fully comply with labor laws regarding the payment of overtime and child care service, both rights granted by law that substantially affect the distribution by gender in different areas of the industry.
  • Conduct trainings on gender issues, regarding the preparation of the contents of the advertising pieces, as well as the necessary democratization of the agencies from this perspective.
  • Create offices for the monitoring and diagnosis of issues related to gender issues and the design of internal policies, as well as to address problems related to workplace harassment and gender violence.
  • Adopt a proactive thematic agenda on human rights and gender in the contents of the advertising pieces.

FOR PROFESSIONAL ASSOCIATIONS AND TRADE UNIONS

  • To reinforce the real representation of the sector of workers of the advertising industry, that responds to their needs in a democratic way and with real reach and in the whole country.
  • Include the gender perspective as a central element in the construction of the measures to be adopted, both in the claim for the real fulfillment of the rights of the workers, and in the conquest and advancement of those that are not recognized.
  • Encourage, on the part of professional associations, the gender perspective among those who work in the industry and, above all, between advertisers.
  • Develop gender policies within professional associations, to promote this approach with a view to the democratization of the industry.
  • Promote the gender perspective in instances of prizes and publicity contests.

FOR EDUCATIONAL INSTITUTIONS

  • Design strategies to democratize managerial structures such as the teaching staff of schools and universities linked to advertising, with a focus on the need for greater insertion of female teachers and transgender people.
  • Include the gender dimension as a compulsory subject of the curricular construction of the careers corresponding to the advertising sector.
  • Create spaces to denounce and address situations of gender violence and harassment and specific areas for the design of gender education policies.
  • Establish agreements with advertising agencies for the promotion of women and trans students in them.

FOR THE STATE

  • Generate awareness campaigns for the whole society and consult specialized sources. For this it will be necessary to work together with different actors: educational institutions, civil society organizations, social movements, government areas, specialists, media and advertising companies.
  • Expand the protective spectrum of public communication and gender policies, with specific attention to the dimension of advertising.
  • Implement affirmative actions to promote the labor integration of women and LGTTBIQ + people in the advertising and institutional communication agencies of the public system: quotas, internship programs, training for inclusion, among others.
  • Design measures that import affirmative actions to promote the labor integration of women and LGTTBIQ + people in private advertising agencies: tax incentives and granting economic support to those who have specific policies for the promotion of gender equality.
  • Generate strategies to promote small advertising ventures aimed at women and trans collectives.
  • Expand the regulations related to paternity leave and licenses for care of people, regardless of their gender identity.
  • Promote a culture of democratization of organizations, through campaigns, sensitization, training and specific programs for the advertising industry, as well as the communication sector in general.

FOR CIVIL SOCIETY

  • Generate more spaces that represent the advertising sector within civil society organizations, which can address the challenges of the problem and can achieve greater advocacy capacity for the purpose of democratizing the industry.
  • Monitor constantly the actions of the agencies, unions, the State and universities, in order to give an account of the reality of the advertising sector and promote concrete measures for its approach.

Access to equal opportunities is one of the great debts of our society, and therefore it is necessary to continue breaking with the structures of power that invisibilize and exclude. It is of fundamental importance to continue walking towards an egalitarian democracy that recognizes in an inclusive way the rights of all citizens. The advertising sector is an important social actor. If the contents that are generated, and their functioning mechanisms are democratized towards real inclusion, a huge barrier will have been broken to achieve real equality for the whole society.

[1] Preeminence of males in the areas of Creativity, Technology and Production among others; and women in Administration, Accounts and Planning.

[2] Preeminence of males in management positions in most areas and, above all, in the General Directorates, Coordination and among CEOs.

Publication

More information

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

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

,

At the Cosquin Rock violates the regulations on tobacco advertising

In a survey conducted by FUNDEPS and ALIAR in the well-known music festival “Cosquín Rock”, actions were detected that violate the national and provincial regulations on the advertising of tobacco products.

“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 Argentina, the National Law N ° 26.687 prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; but it contemplates exceptions such as the interior of the points of sale and direct communications to persons over 18 years of age, when their prior consent has been obtained and their age has been verified. The province of Córdoba adhered to the national law through Law No. 10026.

Despite these restrictions, the industry continues to promote tobacco products, with strategies that target adolescents and young people. You can notice, for example, its presence in music shows and night parties, events where the young audience predominates.

In the Cosquín Rock, developed on 9 and 10 February, different tactics could be identified. On the one hand, a large number of promoters and promoters, young people with homogeneous clothing who carried a hanging tray with a fixed and bright advertising, and displayed cigarettes. This gave them a massive visibility throughout the property.

On the other hand, their consumption was encouraged through a special promotion: buying cigarette box packages allowed access to beer at a lower cost than the sale at the authorized premises. In addition, buying beer from those who sold cigarettes avoided the long wait to pay for it at other points of sale.

The brand that was advertised was Rothmans, belonging to the group BAT (British American Tobacco) and cigarettes were flavored, a mechanism that clearly tries to attract new consumers and consumers, seeking to associate tobacco with known flavors. The age of the people who attended was not controlled, so children were also exposed to these strategies.

This type of practice is prohibited according to the law n ° 26.687 and specifically according to the provisions of the regulatory decree n ° 602/13 that expressly contemplates the prohibition of advertising in spaces for public use and promotional discounts.

From FUNDEPS and as members of the Free Alliance of Smoke of Argentina (ALIAR) we denounce this situation before the Secretary of Government of Health of the Nation.

In this context, it is urgent to make progress in regulations that completely prohibit the advertising, promotion and sponsorship of tobacco products, as recognized by prestigious public health institutions and the Framework Convention on Tobacco Control, a public health agreement ratified by 181 countries of which Argentina is not a part.

The cigarette promotion at Cosquín Rock responds to a series of strategies aimed at young people. Allowing this type of advertising in musical events and night parties involves continuing to strengthen the idea of ​​cigarettes as a product linked to fun, independence, rebellion, freedom … ignoring its addictive and deadly nature. Even today, tobacco remains the leading cause of preventable death in Argentina.

More information

Advertising actions of the tobacco companies on websites and events | FIC Argentina

Author

Julieta Segura

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org