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Care as an autonomous human right: contributions for its interpretation

We present three amicus curiae before the Inter-American Court of Human Rights to offer some considerations regarding care as a human right. Our participation was part of a collective process that synthesizes specialized knowledge.

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

In January, the Argentine State asked the Inter-American Court of Human Rights (IAC Court) to issue a ruling regarding “The content and scope of the right to care and its interrelation with other rights.” What motivated this request, according to the different ministries involved, was the opportunity to address gender inequalities by building more fair and equitable standards in terms of care.

Based on this request, the Inter-American Court will issue an Advisory Opinion, previously allowing the involvement of other actors in the interpretative process of this right. At Fundeps we have taken part, along with other spaces, in the construction of a judicial tool called amicus curiae, which enables voluntary participation through a technical-legal opinion. Likewise, we have adhered to the documents prepared by the CLACAI Legal Network and the Red DESC.

This collective work process brought together activists, professors from Latin American and European universities, people from academia and experts from different committees, feminist and human rights organizations. The document presented seeks to provide elements to the court regarding care as a human right: to care, to be cared for, and to self-care.

The document reconstructs the conception of care as a need that transcends interpersonal relationships, in order to consider it “as an inherent process linked to the sustainability of life and well-being.” From this position, the amicus maintains the right to care as an autonomous right that, at the same time, maintains interdependencies with other rights. Thus, considerations were offered regarding its connection with the right to health, sexual and (non) reproductive health, sexual diversity, social security, a healthy environment, the territories and the city. Furthermore, the amicus explained the importance of having systems of indicators – quantitative and qualitative – of human rights, which allow States to produce complete and systematized information, for monitoring compliance with the right to care.

Regarding the enforceability of the State’s obligations, it was stated that the respect, protection and fulfillment of women’s right to non-discrimination and the enjoyment of equality is an obligation derived from this autonomous right. However, it was expressed that it becomes necessary to take into account, from an intersectional perspective, those obligations derived from the right to care in sectors most exposed to vulnerability: people with disabilities and mental health problems, migrants and indigenous peoples.

As a point to highlight, our presentation also raised the importance of community care work, establishing that it takes particular forms in soup kitchens and soup kitchens, picnic areas, kindergartens, medical rooms, among others, to face economic crises. In this sense, the organization mainly of women and dissidents in territories where social inequalities are evident, this type of care allows social reproduction and the sustainability of life.

In conclusion, we maintained that the right to care is an autonomous right that must be guaranteed by States under conditions of universality, equality and non-discrimination. This means the revaluation of care as an independent right that requires both enforceability towards the State, as well as co-responsibility and distribution, involving both society as a whole and the market.

 

See Amicus Curiae

See Amicus Curiae – Red DESC

See Amicus Curiae – CLACAI

 

Author

Carola Bertona

Contacto

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

Marcos Juárez: we present a protection for the use of pesticides in populated areas

Together with the community of Marcos Juárez we presented an environmental protection in the Córdoba Justice Department. We request that the current ordinance on agrochemicals be modified with the objective of expanding the protection zone, compliance with controls and the functioning of the Advisory Commission on the Environment be made effective.

“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 application of agrochemicals in Argentina continues to be one of the main environmental problems and leads to serious contamination of water, soil, air and consequent damage to biodiversity and people’s health.

There are thousands of scientific studies around the world that prove the toxicity of these products and their link with the development of chronic diseases that affect adults and mainly children. Among them are: abnormal neurological development, cancer, increased incidence of non-hodking lymphoma, a condition in the human placenta with a probable impact on the development of abortions.

The problem of agrochemicals is no longer limited only to rural communities who see their homes, hospitals and schools fumigated daily, but affects millions of people in our country. As an example, the organization Democracia en Red, within the framework of the Pesticides Introduced Silently (PIS) project, analyzed 200 urine samples in the towns of Lobos, Saladillo, Barrio Nicole (La Matanza), Mar Chiquita and the City of Buenos Aires. Aires. The results showed that in all districts there were positive cases for glyphosate.

At Fundeps we have been addressing this problem for some time, developing and implementing different strategies to achieve adequate public policies to guarantee socio-environmental sustainability. In that sense, in 2019 we published our Agrochemical Emergency website where we systematized the immensity of socio-environmental conflicts that occur in our province from the use/misuse of agrochemicals, we also provide tools so that communities can claim for their rights. Simultaneously, we develop models of ordinances that propose restrictions on the use of these products and the creation of protection zones, seeking to promote local advances to improve the quality of community life.

Following this path, in the month of May we presented a first environmental protection for contamination with agrochemicals in Colonia Tirolesa, a process where even and despite the scientific evidence about the various health problems that the community continually suffers, no solution has been found.

Marcos Juárez: what happens with pesticides?

Marcos Juárez is a town located in the southeast of the province of Córdoba, an area known for its economic growth linked to agricultural exploitation and agroindustry, which uses large quantities of chemical products such as fungicides, herbicides, insecticides and despite the fact that Marcos Juárez has With ordinance 2446, which regulates the use and application of chemical and biological products for agricultural use and which the Municipality adheres to Provincial Law 9140, a large part of the population is exposed to these products on a daily basis.

The Marcos Juárez Ordinance arose from a process of collective struggle in 2010, when members of the community organized against the excessive fumigation with agrochemicals due to the social and health consequences caused by this form of production and that was intensifying over time. This ordinance represented a true historical milestone for Córdoba, since it establishes environmental protection zones for the application of agrochemicals. However, over the years the community began to observe that this regulation is insufficient. Added to this is the fact that the Municipality is unable to enforce compliance with this regulation (there are dozens of complaints for violations).

In this context, in 2015 the Genetics and Environmental Mutation Group belonging to the Department of Natural Sciences of the University of Río Cuarto, headed by Dr. Delia Aiassa, evaluated the level of damage to the genetic material in children exposed to pesticides. in the town. The study shows that of the total number of exposed children, 20 (40%) presented persistent symptoms of various kinds. On the other hand, he maintains: “In the case of a relatively small city, this result shows that the sprays could reach (by air) the entire town and that the vulnerable population of children is subjected to extremely high and continuous exposure, givenwho lives surrounded by crops. Taking into account that there are no differences between the groups of children under study in terms of spray distances up to a maximum of 1095 m, this information should be taken into account when establishing environmental safeguards in localities that are surrounded by crops where spraying is carried out”.

From there, and considering that the ordinance establishes distances that are well below what is recommended, for example in some high risk areas (art. 4) the exclusion zone of 150 meters (when in other locations it is 1500 meters), the community organizes itself again and begins a long journey of demands to safeguard their lives and those of their children.

In this framework, at Fundeps we began to support this legitimate claim and after a long journey we decided to go to court in search of solutions.

The Environmental Protection Action

For these reasons, by virtue of the precautionary, preventive and intergenerational equity principle, on November 27 we presented an environmental collective action before the Córdoba justice system requesting, among other things:

  • The creation of an environmental protection zone no less than 1,095 meters away from the external limit of populated areas, where terrestrial fumigation is prohibited.
  • And an environmental protection zone of no less than 3000 meters where fumigation of areas with any type of chemical or biological product for agricultural use is prohibited.

The purpose of this action is to safeguard and protect the rights of those who live in the town. We hope that justice, making use of the powers granted by environmental legislation, will quickly order the Municipality of Marcos Juárez to adopt concrete and urgent measures. This is essential to safeguard the community’s rights to life, health and a healthy environment.

 

Authors:

Katen Moldes and María Laura Carrizo

Contact:

María Laura Carrizo, lauracarrizo@fundeps.org

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We accompany La Casita Trans in a lawsuit for discriminatory content

In June of this year, La Casita Trans filed a lawsuit in the jurisdiction of violence against the Medical Council for offering training with pathologizing content. From Fundeps we present an amicus curiae in the case.

“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”.

La Casita Trans is a Civil Association of Córdoba that accompanies trans identities and their families. Through different actions they fulfill one of their fundamental objectives: working for the recognition and protection of their rights. They are also a center of support and reference, with a focus on trans masculinities.

At the beginning of this year, through publications on social networks of the Medical Council of the province of Córdoba about training aimed at health professionals, the entity promoted an update program that has a module named “Gender Dysphoria.” La Casita intervened by filing a complaint with INADI, requesting rectification of the training since, with that name, it violates current laws and contains violent and discriminatory content against trans identities.

Given the lack of agreement and appropriate response from the Medical Council, the organization filed a lawsuit to prevent this training module from being carried out. The case is pending before the 3rd Nomination Court of Children, Adolescence, Family and Gender Violence of Córdoba.

At Fundeps we intervened through an amicus curiae in which we confirmed that the pathologization of trans identities violates current legislation, the timeliness of scientific information and constitutes a type of violence. It is particularly dangerous that the entity that regulates and supervises the medical profession in our province dictates training with outdated scientific content. It must be taken into account that the organization is in charge of training professionals who will then reproduce said learning in doctor-patient relationships, with the risk of generating situations of violence, discrimination and violation of human rights.

The current international and national provisions, which in our country have been pioneers and avant-garde in the matter, are essential for the protection and recognition of the human rights of diversities. Therefore, judicial interventions that seek to guarantee its respect and avoid future violations are a key tool to ensure compliance.

In a socio-cultural context that still strains the human rights of people from the LGBTIQ+ community, it is necessary to act against symbolic violence. These violations are directly related to hostile treatment in the field of health, which influences trans people to avoid it so as not to be (re)victimized.

The State, private entities and society must focus on supporting the diversity of gender experiences, celebrating the identity of each person and creating inclusive spaces that promote the well-being and safety of trans people.

See Amicus curiae

 

Autora

Luz Baretta

Contacto

Mayca Balaguer, maycabalaguer@fundeps.org

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Public Budget in Córdoba: reflections on the Public Hearing

The Executive Branch of the province of Córdoba presented the 2024 budget bill. On November 9, we presented ourselves at the Public Hearing held in the Legislature.

“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”.

Like every year, the following year’s budget bill is presented. This 2023, due to the elections, the times were brought forward and the project was presented on October 24, something that usually happens on November 15. After being presented, the project is discussed in several Commissions and approved in two legislative sessions, called 1st and 2nd reading. And in between, a Public Hearing is held.

From Fundeps we presented ourselves to the Public Hearing last Thursday, November 9. In this sense, it is noteworthy that starting this year, all the information related to the debate on the 2024 public budget law, with the project and its complementary documents, as well as with the calendar of sessions, dates of the Commission sessions and the Hearing. In addition, the way to register through a web form was improved compared to other years. Yes, we must note that it would be very useful for future occasions to publish the Commissions that meet on each date and to allow external participation, even if it is from listeners. Currently, committee sessions are uploaded to the Legislature’s YouTube channel after they happen.

At the hearing, we made some general observations that we understand make it possible to better analyze the budget and comments on a program related to Water and Sanitation. First of all, we explained that the descriptions of the Budget Programs are very generic and it is necessary that they be accompanied by physical goals and both quantitative and qualitative indicators, for the purposes of their monitoring. In the case of Program 572 analyzed, its content remains the same since its creation in 2018. In the case of the Works, contained in the Public Investment Plans, they are not directly described, at least in the budget documents. Then, we move on to explain Program 572 on Water and Sanitation, which is made up of two subprograms, one related to Drinking Water and the other to Sewage Liquids and Sanitary Services. In both cases we observe their evolution and behavior in the years 2022, 2023 and how they are projected in 2024. In that sense, in the two subprograms the same trend of sub-executions is observed in the year 2022 (32% and 53% respectively). , greater execution in the current year (87% and 75%) and a decrease in the budget allocation for 2024. More notable in the first subprogram than for the second. In that sense, we appeal that these programs be observed by the Legislators present, in view of budget approval in the second session on Wednesday, November 15.

A budget that guarantees rights, such as in this case drinking water and sanitary services that directly impact the rights to health and a healthy environment, is governed by the principles of progressivity and non-regression, in which care must be taken that In the allocation of resources there are no setbacks, avoiding cutting or reducing the levels reached.

Participation in the audience was very varied. There were Professional Associations (such as Lawyers or Notaries), civil housing associations, social sports, companions of children in vulnerable situations, among other actors. This shows that, although this instance is extremely valuable and allows a direct approach by the authorities to problems that bring together different social actors, it also reveals the lack of more spaces for participation. So that people and citizens who often face and solve public problems can channel their demands more effectively. This could be resolved with periodic hearings or greater social participation in the thematic commissions of the Legislature.

It is extremely important that these spaces become increasingly accessible, open and widespread. This is key so that the greatest number of social actors can approach and present their points of view and observations in the development of public policies that directly affect them.

More information

You can consult the entire Public Hearing here, and our participation in the minutes: 2:55.50 – 3:06.20.

Related notes Public budget:

Contact

Victoria Sibilla, ninasibilla@fundeps.org

Ícono de validado por la comunidad
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The Asian Bank approved its first infrastructure project in Argentina

From September 25 to 26, in Sharm El Sheikh, Egypt, the eighth Annual Assembly of the Asian Infrastructure Investment Bank (AIIB) was held, an event that brings together its members, business representatives and civil organizations to discuss the direction strategy and initiatives of the organization. At this meeting, the AIIB announced the approval of the first loan in Argentina, intended to finance a wind farm in Tierra del Fuego.

“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 Annual Assembly is to share the Bank’s progress and receive suggestions regarding its strategic direction and operations. It also provides information and encourages exchanges on policies and projects financed by the AIIB in terms of social and environmental impact.

The central theme of the 8th Assembly was “sustainable growth in a challenging world” and highlighted the importance of addressing the global climate agenda and supporting key infrastructure demands for AIIB member countries. The meeting program covered a variety of Thematic topics that include the latest trends and priorities of the Bank. The public sessions were grouped into three thematic streams: sustainability, connectivity and multilateral cooperation. They addressed issues related to the development and implementation of sustainable environmental infrastructure, as well as the promotion and strengthening alliances that improve infrastructure connectivity both in Asia and in other regions.

First AIIB project in Argentina

A particularly relevant event for Argentina was the announcement, during the event, of the approval of the project called “Energy transition of the province of Tierra del Fuego” for an amount of 65 million dollars. This project marks a milestone, as it represents the first financing granted to Argentina as a member of the Bank, which it officially joined in March 2021. The funds will be used for the construction of a wind farm near the city of Río Grande. . According to the AIIB, the main objective of the project is to establish the wind energy generation capacity in the province of Tierra del Fuego and it “is aligned with the objectives of the Paris Agreement and the Nationally Determined Contributions of Argentina, for which will help reduce greenhouse gas emissions and increase the adoption of renewable energy.” This initiative arises from the need to take advantage of the wind resources that the province has and the lack of interconnection in local networks for the materialization of projects of such magnitude.

However, it is important to highlight that given the scarcity of information about the project, it is essential to analyze in depth how the project will be carried out, and what the true implications could be in terms of socio-environmental impacts. For this reason, at Fundeps we are monitoring this project and have made a request for information to the AIIB about details that are not yet clear. For example, although an Environmental and Social Management Plan (PMAS) and a Stakeholder Participation Plan (PPPI) have been published on the Bank’s website, the documentation related to the Environmental Impact Assessment is not yet available. and Social, the Environmental and Social Due Diligence Report or information related to the public hearings planned for the project, among other relevant documentation.

This information is key to identifying the real impacts of the project and verifying whether access to information about the project and the participation of the local population is effectively ensured. In turn, another aspect that raises doubts is the role that the CAF (current Development Bank of Latin America) will have in relation to the project, since it has been presented as a co-financed project between both multilateral institutions.

Author

Candela Jauregui

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Labeling law: Córdoba can move towards the best standard

A project to promote healthy eating that adheres to the national front labeling law was presented to the Córdoba Legislature. The initiative establishes stamp-free schools, promotes the public purchase of healthy foods and creates a monitoring commission made up of civil society organizations, among other things.

“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 August 16, a project for adhesion to the Law for the Promotion of Healthy Eating (PAS), better known as the “labeling law,” entered the Córdoba Legislature, which presents the best standards among the adhesion laws sanctioned so far. . It was achieved through collaborative work between the team of legislator Miranda and legislator Labat, together with the College of Nutritionists of the Province of Córdoba and Fundeps. It hopes to have the support of all the blocks that consider it a priority to defend public health and access to adequate food for all consumers and, fundamentally, children.
To understand the importance of subnational progress in relation to the national front labeling law, we must look not only at the letter of the law but also at its implementation. The text explicitly obliges the provinces to guarantee the implementation of the law in their territories, but does not say how. It does not command adherence. For this reason, at the time of the sanction and regulation of the national law, the question arose: is it necessary for the provinces to adhere? What should and what can the provinces do to guarantee effective compliance with these recognized fundamental rights? How can we guarantee equality in the enjoyment of these rights throughout the territory? Despite the questions, what was not questioned is that the national standard is mandatory throughout the country beyond the strategies defined by the province.

It is important to highlight that the standard aims to address the food issue in a comprehensive and transversal way. For this reason, it not only introduces front labeling that allows warning about the true composition of what is being consumed, but also regulates aspects such as: healthy school environments, nutritional food education, marketing strategies of food industries, public purchases. carried out by the State, etc. That is why this law is recognized as a kind of suture of the great regulatory dispersion that exists in the regulation of the right to food in Argentina, and it is also seen as a model law for the region.
Now, the implementation of all these components of the law put at the center the challenges of federalism and the system of distribution of powers, and requires coordination between different ministries, agencies and levels of government. In this scenario, the issuance of adhesion or complementary regulations emerged as the best way to ensure the full implementation of all the measures established by law, and thus effectively protect the health of the population.

To date we have only 7 adhered provinces, which according to the regulatory map of labeling in Argentina reflects 63.3% progress at the national level, and this has to do with the fact that none of the regulations regulate the implementation of the different components of the law that require it.

The bill in Córdoba

In this scenario, the bill presented in Córdoba appears as a model to be followed by the rest of the provinces. It proposes broad and comprehensive local regulation, which ensures the effective application of all the measures provided by national law. Thus, it not only assumes the responsibility of controlling and supervising compliance with the front labeling of food products and national regulations on advertising, promotion and sponsorship of these products, but also expands the scope of restrictions on advertising in the areas of local jurisdiction, such as points of sale and public roads. It also defines what is meant by advertising aimed at children and adolescents, correcting an important deficiency in national regulations. Thus, the text achieves full protection of the environment against marketing strategies that aggressively encourage the purchase of products that harm health.

Also, it speaks out regarding the two crucial components that require the actions of the provinces.

  • About school environments: prohibits the offer, sale and advertising of products with the seal within schools of all levels, formal and informal, and requires the permanent and free supply of drinking water; provides for the inclusion of food education in school curricula and teacher training plans; establishes that school cafeterias should prioritize the offer of fresh or minimally processed foods that come from local farmers; and provides that menus be designed by nutrition professionals and improvements are made to school infrastructure.
  • About public purchases: the project accepts the criteria of national law and prioritizes the purchase of healthy foods in all types of contracts and food programs. A priority that becomes absolute if the recipients are children and adolescents.

Other points to highlight in the proposed regulations have to do with the definition of the Ministry of Health as the application authority in coordination with other ministries involved. This is essential so that all the measures taken in the different areas are considered from a public health approach. We also consider the provision of complaint channels, sanction systems and registration of offenders at the local level to be a success, which allow us to reinforce national mechanisms that have been presenting certain limitations in practice.

Another point of interest, which has to do with strengthening the availability of healthy foods, is the incentive to consume unprocessed and natural foods produced by regional economies and peasant, indigenous (and/or) family agriculture.

Finally, we want to emphasize that the project provides for the creation of a Consumer Commission made up of civil society organizations, consumers and professional associations whose objective is the protection of the rights involved. Commission that guarantees citizen participation in monitoring the implementation of the law and in the development of complementary policies.

For these reasons, it is an advanced law for the promotion of healthy eating in the province. It can set the path to be followed by other provinces that have not spoken out and also for provinces with simple accessions to dictate complementary regulations that ensure comprehensive compliance with this public health policy that is being a reference in the region.

We invite citizens to support and follow the process of processing the law in the legislature. Your involvement is essential so that the balance does not tip in favor of the interests of large food industries and the rights of the population, and fundamentally children, to enjoy a healthy life and healthy eating are protected.

Access the bill

Author

María Laura Fons

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

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Argentina presented the National Plan for the Implementation of the Escazú Agreement

On October 3, the national government presented the National Plan for the Implementation of the Escazú Agreement. This regional treaty was approved by Argentina in 2020 and seeks to implement the rights of access to environmental information, public participation in environmental decision-making, access to Justice and the protection of human rights defenders in environmental 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”.

The Secretary of Climate Change and Sustainable Development and Innovation of the Nation was appointed to advance towards the implementation of the Escazú Agreement in Argentina. This tour was designed in two stages: the first, aimed at carrying out a diagnosis to determine the status of compliance with the Agreement in our country, from which recommendations emerged: and the second was focused on designing the Plan. For this, a public consultation, collaborative virtual and in-person meetings, regional dialogue tables and a proposal box were carried out. In total, 533 contributions were received from citizens in the design of the Plan and the majority (65%) of the people who participated were women. At Fundeps we accompany this entire process by providing contributions in the different participatory instances.

The Plan is structured into 6 axes: access to public environmental information, public participation in environmental decision-making, access to justice in environmental matters, human rights defenders in environmental issues, capacity building, governance system for the execution and monitoring of the implementation of the Agreement. Objectives and indicators are also established, which are very important for evaluating progress in implementation. The execution of the Plan will be over a period of 3 years and will be in charge of the National Executive Branch.

The process of creating the Plan was an open, participatory and transparent process, focused on ensuring citizen participation and building the necessary consensus to address the needs of the communities and make the Agreement effective. We celebrate the presentation of this Plan, which represents a milestone towards the consolidation of the application of the Escazú Agreement in Argentina and provides concrete tools to facilitate its implementation. Now we urge the national state and the provinces to implement its implementation and citizens to demand its effective application to achieve the ultimate goal of the Escazú Agreement: compliance with the right to a healthy environment.

 

More Information

 

Author

Manuela Fernández Grassani 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

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Is a new international financial architecture possible?

Last week, the annual meetings of the International Monetary Fund (IMF) and the World Bank (WB) took place in Morocco. Likewise, a counter-summit was organized that gave space to civil society and social movements to discuss the neoliberal policies promoted by these institutions. Below are some reflections on these events, their limitations and potential, and the particular situation of Argentina.

“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 Annual Meetings, which this year took place between October 9 and 13 in the city of Marrakech, are spaces where panels are organized with IMF directors and staff, while civil society has its own forums and exhibition spaces and discussion. At the same time, countless closed meetings occur in parallel to the entire official agenda. All of this aims to be able to discuss how the international financial architecture is organized, which determines under what conditions funds are lent mainly to countries in the global south. The role of civil society in these spaces is to bring their concerns and represent the voices of the people affected by this complex lending infrastructure.

For example, the Coalition for Human Rights in Development presented a report where of 38 projects evaluated, in 36 reprisals were identified against people who defended rights and complained against said loans. This shows that, although the International Financial Institutions (IFIs) make high-level proclamations regarding the importance of human rights, there are no measures or real addressing of the negative consequences on defenders who suffer abuse by security forces. security and the police, judicial persecution, the disproportionate use of force, surveillance, and gender violence and sexual harassment in the particular case of defenders.

Likewise, the Environment and Natural Resources Foundation (FARN) presented in a panel on the IMF’s climate strategy regarding the Argentine case. It was made visible how the need for foreign exchange from exports is pushing the fossil fuel extractivist model and going against the country’s climate change mitigation goals. The emblematic example is Vaca Muerta, which if fully exploited would use the equivalent of 11.4% of the CO2 budget. In this case, we can see how the short-term foreign trade balance needs override any analysis of environmental impacts and put the environmental sustainability of the planet at risk.

Faced with this, in general the authorities and staff of the IFIs present on the panels insist that existing policies are the ones that work, they dismiss the proposals of civil society with their own data and are not very receptive to any criticism. For this reason, spaces like the Counter Summit appear, where the conversation flows in a more critical and sincere way about what is happening with the impacts of loans and projects, allowing a space to unite voices in order to change injustices. that today affect so many countries and communities.

The Counter Summit opened on October 12 with a march, and over the next two days there were both small group and plenary discussion sessions. Finally, on Sunday the 15th, the plenary session closed with a reading of the conclusions, which included the cancellation of illegitimate debts, policies that respect planetary limits, climate and social justice, and promote food sovereignty. Also, let end financial colonialism, that there be financing for projects that allow adaptation to climate change, social security and universal health coverage, and a special proclamation for the rights of women who are those who are most negatively impacted by austerity policies.

Argentina and its link with the IMF

According to Noemí Brenta, Argentina has a very particular relationship with the IMF, since it is the middle-income country that has been under its agreements the longest, directing economic and fiscal policies. Today, not only does it have almost 30% of the IMF’s loan portfolio, but it is a good student: throughout all these years and of 22 agreements, only 5 were suspended by the organization. Therefore, it can be stated that the guidelines recommended by this organization have had great influence on the decisions of the different governments.

However, compliance with the policies has implied a notable deterioration in people’s quality of life. On the one hand, the conditionalities impose that the income that the country has be used to pay creditors (that is, to the IMF and other debtors as well), which in turn implies that social expenses are cut and there is no investment for the country. development. On the other hand, the extractivist model is deepened through the agro-industrial production of commodities, the exploitation of fossil fuels and mining – lithium mining is very popular today due to its potential to contribute to an energy transition towards other renewable sources. This has negative consequences on the environment, does not take into account the impacts on the use of scarce and non-renewable resources such as water, and limits the development of the communities that live in the exploited territories.

Mariano Féliz suggests that the impacts on the paid labor market have clear gender biases, since it is women who have to face intensified unpaid and reproductive tasks, while receiving fewer public services. IMF policies that promote women’s participation in economic activity do so from an instrumental perspective because it improves macroeconomic indicators and provides labor that usually accepts worse working conditions. However, while the employment rate for adult women increased, the employment rate for men, especially young people, decreased. All of this only results in the capitalist tendency to overload women with care tasks for their own homes and communities, for example, through the organization of popular soup kitchens.

For the logic of financing agreements and governments, human rights are an ideal that is difficult to fulfill rather than an obligation. The panorama then in Argentina makes us have to think about how to build a political movement against unsustainable and illegitimate debts, against abusive conditionalities that are detrimental to fundamental rights and people’s lives. It also forces us to reflect on how these Levels of indebtedness and precarious lives are linked to the growth of far-right electoral options, which ultimately also promote anti-democratic discourses and practices.

The challenges are many, they are complex and involve a lot of political articulation. However, the context is urgent, since there is no sustainability of life possible under the policies of austerity, impoverishment and extractivism. We have to continue building collective narratives, mobilizing and supporting communities by defending their territories.

Contact

Carolina Tamagnini, carotamagnini@fundeps.org

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Drinking water in Alta Gracia: we present an injunction due to lack of public information

Together with the Table for Water and the Environment of Alta Gracia we present an action for protection for default against the Provincial Administration of Water Resources, for not having responded to a request for public information that we made about the work of providing drinking water for the Country Club “El Potrerillo de Larreta”.

“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”.

For months, the Table for Water and the Environment of Alta Gracia (MAyA), made up of people from the community, has been trying to obtain accurate information about the aqueduct that is intended to be carried out to provide drinking water to the Country Club “El Potrerillo de “Larreta.” As has been confirmed, this aqueduct comes from the main pipe that carries water to the entire town and would be 160 millimeters, so it could supply approximately 20 thousand people but the country has only 347 lots.

Let us remember that for more than 10 years, the same country has maintained a 4-kilometer wire in the Los Paredones stream, which is the main tributary of the Chicamtoltina stream (or Alta Gracia stream), preventing community access and violating regulations that establish the right to the common use of terrestrial waters.

The concern for the construction and subsequent operation of this aqueduct lies in the fact that currently the master pipe provides water to the entire community of Alta Gracia and other towns such as Falda del Carmen and Villa del Prado, which at different times of the year suffer from serious problems. of supply. Therefore, if this connection work to the main pipe is carried out, the problem will increase in the future, causing part of the citizenry to have access to drinking water while another large portion does not. Which would imply the violation of a fundamental human right.

Now, given this situation, the Roundtable for Water and the Environment presented various requests for access to public information to the different departments that would be involved in the development of the work. The Municipality and the Alta Gracia Sanitary Works Cooperative responded to the requests made. They said that they were only aware that in 2018 they submitted a request for authorization to use public roads for the construction of a work that sought to provide water to Potrerillo De Larreta. They also stated that in 2021 authorization was requested to begin the work, giving rise to inspections carried out by the Ministry of Public Works and Planning.

They also made a request for information about this work to the Provincial Administration of Water Resources (APRHI), the department that exercises ownership of the water resources of the province. Given the lack of response, from Fundeps and the neighborhood community, we presented an injunction for late delivery of the requested information.

What is a default protection? What did the Provincial Water Resources Administration respond?

An amparo for delay is a judicial action whose sole purpose is to obtain, through the Judicial Branch, information that has not been previously provided.

Once the action was presented, the 2nd Nomination Administrative Litigation Chamber, ordered the Provincial Administration of Water Resources to provide the information that had been requested. Only on September 6, 2023 did it respond stating that, in 2014, the then Secretariat of Water Resources of the Province had granted the technical visa to carry out the construction of the aqueduct. This project plans to supply the Potrerillo de Larreta country with a supply of 1,000 liters per connection and in 2017 a technical visa was given to a purification plant.

Denial of Environmental Democracy

Given the lack of reliable information in this regard, first of all we must say that the right to access public information in a complete and truthful manner has been systematically violated. Nor did the Public Administration fulfill the duty of, if it does not have the information requested, to redirect the request to the competent body. Likewise, it is highly questionable that it was necessary to resort to justice to obtain information since this causes jurisdictional wear and tear, and consumes time and resources that limit access to the right to information.

The right to request and access public information is guaranteed in various regulations:

-The Provincial Constitution.

-Provincial Law No. 8803 on Access to Knowledge of State Acts.

-Law 10208 on Environmental Policy of the Province of Córdoba, Law No. 25,831 on the Regime of Free Access to Public Environmental Information, Law No. 25,675 General on the Environment.

-Law No. 27566 by which Argentina approves the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement).

In short, the conduct of the different organizations involved implies a serious denial of citizens’ rights that must be corrected since accessing public information allows one to know and participate in all political, governmental and administrative processes where the environment is compromised.

 

Author

Ananda Lavayén

Contact

Laura Carrizo, lauracarrizo@fundeps.org

 

*Photo taken from the Facebook account “Mesa por el Agua y el Ambiente de Alta Gracia”

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We participated in the 2nd Forum on Environmental Defenders of Latin America and the Caribbean

During September 26, 27, 28 and 29 we were participating in different activities linked to the Second Annual Forum on Human Rights Defenders in Environmental Issues in Latin America and the Caribbean. This Forum is organized by ECLAC in its role as Secretariat of the Escazú Agreement.

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

Latin America and the Caribbean continues to be the most dangerous area in the world to carry out environmental defense. Last year, 177 environmental defenders were murdered and 88% of the homicides occurred in Latin America. That is why States must make more and better efforts to guarantee security and provide a safe environment for the development of this task.

Let us remember that the Agreement on Access to Information, Public Participation and Access to Justice – known as the Escazú Agreement – is the first regional environmental treaty in the world to contain specific provisions for the protection of defenders. Specifically, Article 9 provides that States must guarantee a safe and enabling environment in which individuals, groups and organizations that promote and defend human rights in environmental matters can act without threats, restrictions and insecurity.

In this context, together with indigenous communities and defenders from across the region, we met in Panama to provide input on the proposed draft of the Regional Action Plan on Defenders that will be presented next year at the next meeting of the Conference of the Parties (COP 3). This is a true opportunity to impact environmental issues that affect our region.

The Escazú Agreement is the first treaty in the world that has open and horizontal dialogue spaces. These participatory processes are a true tool for the collective construction of public policies.

The main demand from the communities is the urgent ratification of the Agreement by all the states in the region. On the other hand, the violence that groups and people who protect the environment continually experience were exposed, even more so in the context of climate change. In this sense, it is essential to pay special attention to situations of human rights violations in the context of extractive processes linked to the energy transition.

On the other hand, the main request was for the transversal incorporation of a gender and intercultural perspective into the Plan, giving specific recognition to indigenous communities, who have historically been guardians of our common goods.

We hope that more states in the region will ratify the Agreement in the short term and that the claims that were reiterated by the communities will be considered and included in the Plan.

 

More Information

Resource on Escazú Agreement | Fundeps

 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

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Breaking the mold: advocacy from a feminist perspective

From Fundeps, together with IDEJUS and Católicas por el Derecho a Decidir, we present “Breaking schemes: a Conversation on Feminist Litigation” at the Faculty of Law of the National University of Córdoba. We spoke with an international panel of lawyers with outstanding experience in the defense of human rights.

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

On Friday, September 15, within the framework of the optional subject “Feminist Litigation: Legal Strategies for Gender Equality” taught this semester at the Faculty of Law, the first discussion on feminist litigation took place. The subject addresses conceptual issues about strategic litigation and feminist criticism of law, with a practical part in which cases and experiences are studied. The teaching team is made up of lawyers from Fundeps, CDD and IDEJUS.

With the participation of Lucía de la Vega (CELS), Soledad Deza (Women x Women), Mariela Galeazzi (Amnesty International), Patricia Sotile (Latin American Justice and Gender Team) and Natalia Acevedo Guerrero (O’Neill Institute for Law and Global and National Health from Georgetown University), we talked about her experience in social organizations and in the development of strategic litigation, the obstacles to the practice of law with a feminist perspective and her response to all types of judicial controversies. They highlighted the importance of collective and interdisciplinary work for comprehensive approaches and the need for training in feminist and human rights perspectives in the legal field.

With a review of those causes in which they participated, the progress of the integration of perspectives for real access to justice and the importance of its promotion and dissemination was analyzed.

Through these instances, in line with what was discussed with the panel and with the institutional support of the Faculty of Law, we are committed to contributing to the training of legal professionals with a gender perspective.

 

Author

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Argentina’s entry into the BRICS: what does it mean?

On August 22-24, the 15th BRICS Summit took place in South Africa, where heads of state of the member countries (Brazil, Russia, India, China and South Africa, whose acronym is the acronym) met at a high-level forum to discuss key issues for the most prominent emerging economies.

“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 XV Summit, the Heads of State met with members of the business sector in dialogue with the New Development Bank to outline the main axes that will guide BRICS policy. This year’s agenda included the potential “de-dollarization” of global trade, with China and the yuan at the forefront of this ambition, as well as the possible effects of the Russian-Ukrainian war on cooperation between member countries. However, the emphasis was on the expansion of BRICS to include the countries that have submitted official applications for membership: Argentina, Iran, Saudi Arabia, Ethiopia, the United Arab Emirates and Egypt.

Finally, during the summit, Argentina, as well as the rest of the countries mentioned above, was formally invited to join the BRICS as from January 1, 2024. Since it is an international forum that does not imply a supranational integration process, the decision to join will be at the discretion of the Executive Power that takes office on December 10. Some of the presidential candidates, such as Javier Miliei (La Libertad Avanza) and Patricia Bullrich (Juntos por el Cambio) have expressed critical positions regarding the accession, alleging a strong difference with the international actions of the BRICS countries, especially in reference to their violations of international law, such as during the war in Ukraine.

In this sense, it is possible to identify some key elements regarding the implications of Argentina’s participation in the BRICS. Mainly, reference is made to the quantitative dimension of the BRICS group, which concentrates 40% of the world’s population and 25% of the world’s GDP, a percentage that, together, equals that of the United States (World Bank Data Center). In addition to these numbers, there are those that link Argentina specifically with the founding countries: the main recipients of Argentine exports include Brazil, China and India; while its main imports come from China and Brazil (OEC).

The role of the New Development Bank

The economic factor becomes more relevant if the possibilities of financing by the New Development Bank (NDB) are taken into account. The BRICS development bank was founded by the member nations of the bloc in 2014, during the sixth summit held in Fortaleza, Brazil. This international bank is positioned as an alternative to the IMF and the World Bank, with credits oriented mainly to infrastructure projects and which, according to the official website, prioritize “high-impact operations that are environmentally smart, resilient, technologically integrated and socially inclusive”.

Currently, the New Development Bank finances projects in only 6 countries (China, India, Brazil, Russia, South Africa and Bangladesh) for a total of US$ 32.8 billion. According to sources such as Ámbito Financiero, Argentina is already negotiating with Dilma Rousseff, who holds the presidency, a possible credit line that would help alleviate the pressure on the debts with the IMF. In order to join the NBD, Argentina must make a capital contribution of “US$250 million in sovereign bonds held by the Treasury, from the Guarantee and Sustainability Fund (FGS) of the National Social Security Administration (Anses) and other sources” (La Nación). A key element of participation in the NBD is that in their general strategy they commit to grant 30% of their loans in local currency of the recipient country, in order to mitigate the risk of foreign investment (NBD). In the case of Argentina, this could diversify the sources of financing and reduce dependence on the dollar and the IMF. However, there are still concerns about the bank’s transparency and the possibility of access to public consultations or information on the investment process (Diálogo Chino).

Since its creation, BRICS has positioned itself as an alternative multilateral cooperation forum for emerging economies, which emphasizes multipolarity and a “de-ideologized” positioning, prioritizing informal dialogue and trade exchange. In this sense, Argentina’s entry into the forum presents a space for rapprochement with the large economies of the world that are disputing an alternative model of financing for development.

 

More information

 

Author

Lourdes Álvarez Romagnoli

Contact

Gonzalo Roza – gon.roza@fundeps.org

 

*Source of the image: El Cronista