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New analysis on regulations in development institutions present in Latin America

Together with the rest of the organizations that make up GREFI, we publish a comparative analysis of the regulatory frameworks of the main institutions that finance development in Latin America, with a focus on the similarities and differences between traditional, emerging and chinese banking institutions.

“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 Regional Group on Financing and Infrastructure (GREFI), made up of FUNDEPS, DAR, Ambiente y Sociedad and Fundar, recently published its latest research paper on the regulations of international financial institutions (IFIs): Comparative Analysis of IFIs regulations Present in Latin America This is a comparative analysis that takes as an object of study the operational policies of different institutions: the Inter-American Development Bank (IDB), the World Bank (WB), the Inter-American Investment Corporation (IIC), the Corporation Financiera Internacional (CFI), the Development Bank of Brazil (BNDES), the Development Bank of Latin America (CAF), the Development Bank of China (BDC) and the Chinese Bank of Exports and Imports (ExIm Bank). The essential objective was to be able to achieve a comparison between those traditional institutions, new development institutions and Chinese institutions. The anchoring of this study is given by the number of new actors that today are part of the financial and investment scenario in Latin America.

The analysis was carried out on four axes: access to information, citizen participation, indigenous peoples and social and environmental safeguards. The indicators for these categories were obtained from the best international practices in each of these subjects (the OAS model law on access to information, ILO Convention 169, among others). Each category was divided into different elements that received a score. The product of this work is presented in a statistical way, expressing at what level (percentage) the policies of the institutions achieve the highest standards.

The main results obtained in the study report that two banks categorized as traditional IBRD-BM (86%) and CFI (64%), in addition to an emerging CAF bank (62%), obtain the highest ratings. Among institutions rated less than 50% are two traditional IDB banks (45%) and CII (26%), one emerging bank BNDES (17%) and two Chinese banks BEIC (8%) and BDC (0%). An interesting finding is that only in the categories of traditional banking and emerging banking institutions with relatively high rating are observed. In contrast, Chinese banks stand out with the lowest evaluations according to the proportion of estimated adequacy. This is partly explained by the BDC bank, which does not obtain a qualification in any thematic axis, since, due to lack of access to its regulations, these are not known. (See the specific chapter on CDB).

More information:

Full publication Comparative analysis of the regulations of IFIs present in Latin America

Contact:

Agustina Palencia: agustinapalencia@fundeps.org

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Civil society presents recommendations to the G20 at the Civil-20 Summit

We participated in the C20 Summit, which took place on August 6 and 7 in the city of Buenos Aires and where the final communiqué of the C20 was presented, with recommendations for the leaders of the G20 countries.

El Civil 20 (C20) es uno de los siete Engagement Groups o Grupos de Afinidad del Grupo de los 20 (G20) y constituye un ámbito en el que la sociedad civil de distintas partes del mundo puede contribuir a las discusiones y debates que se dan en el marco del G20, buscando incidir en las decisiones adoptadas por dicho foro. En los últimos años, el C20 adoptó como modalidad de trabajo la división  en diferentes grupos de trabajo específicos, desde los cuales se abordan distintas temáticas en profundidad   y se elaboran documentos de alto nivel que luego son presentados ante el G20. El resultado final de todo el trabajo del C20 se refleja en un comunicado final, el cuál es entregado al G20, cuya Cumbre de Líderes tendrá lugar el 30 de noviembre y 1 de diciembre en Buenos Aires.

Fundeps es co-coordinador del Grupo de Trabajo sobre Inversión e Infraestructura del C20, por lo que hemos participado activamente en la coordinación de las discusiones y debates del grupo, tanto a nivel virtual como presencial; y en la elaboración del policy  paper del grupo, que se incorporó al documento de recomendaciones final del C20. A su vez, el 6 y 7 de Agosto pasados participamos de la Cumbre del C20 en la ciudad de Buenos Aires, donde se presentó el documento con recomendaciones de políticas de los grupos de trabajo, el cuál fue además entregado al Presidente Mauricio Macri durante su participación en la apertura del evento.

The document summarizes the recommendations for the leaders of the G20 countries of each of the 8 C20 Working Groups: 1) Anticorruption 2) Architecture of the International Financial System 3) Education, Employment and Inclusion 4) Environment, Climate and Energy 5 ) Gender 6) Investment and Infrastructure 7) Local2Global 8) Global Health.

In the case of the working group that we coordinate (Investment and Infrastructure), the Policy Paper includes the main points and recommendations of the two thematic sub-groups in which the work was divided: Infrastructure Financing and Responsible Business Conduct. In particular, it proposes a series of 12 recommendations, among which are:

  • Promote the transparent and impartial tools necessary to evaluate what type of financing is the most appropriate for a given project.
  • Adopt and promote a set of criteria for sustainable infrastructure and quality to ensure compliance with the Sustainable Development Goals.
  •  Decisions about projects should be guided by national development strategies and priorities, and adopted through participatory processes to identify, mitigate and manage the environmental and social impacts of projects.
  • The guidelines on contractual provisions for Public-Private Partnerships (PPPs) should take into account public policy considerations and should not favor the interests of private investors over the contracting authorities.
  • Promote radical improvements in the transparency and accountability of infrastructure projects, whether with public or private funds.
  • Implement and complement the standards that establish responsible business conduct; Ensure significant participation in investment decisions, guaranteeing access to information and participation of communities in projects, from their design, according to their own times and priorities, defending the right to free, prior and informed consent; and protecting human rights defenders and informants.
  • Guarantee access to effective remediation for communities impacted by business activities, strengthening judicial and non-judicial mechanisms and in accordance with the United Nations Guiding Principles on business and human rights and the OECD guidelines for multinational companies.

After two days of debates and exhibitions by representatives of the C20 and other affinity groups, the C20 Summit closed echoing the commitment of President Mauricio Macri himself, who said that the Argentine presidency of the C20 would put people at the center of your policies. However, as expressed in the final communiqué of the C20, “speeches are not enough, genuine commitment is required through action”.

The Summit of G-20 leaders will take place at the end of November in Buenos Aires and until then, it will be the responsibility of the civil society organizations that participated in this process to bring these recommendations and claims not only to the rest of the civil society interested; but also to the affected communities and to the governmental representatives and political leaders not only of the countries that make up the G20, but of the whole world. In that sense, during the next four months we will continue coordinating the Investment and Infrastructure group, seeking to bring the recommendations reflected in the group’s policy paper to as many actors as possible.

More information:

Policy Pack: Recomendaciones del C20 al G20 de 2018

Documento del sub-grupo sobre Financiamiento de Infraestructura

Documento del sub-grupo sobre Conducta Empresarial Responsable

Página oficial del G-20

Página Oficial del C20

El C20 entregó sus recomendaciones a Mauricio Macri – G20 – 06/10/2018

La sociedad civil se reunió en el C20 – FUNDEPS – 17/04/2018

Contact:

Gonzalo Roza / Coordinador del Área de Gobernabilidad Global

gon.roza@fundeps.org

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The fight continues: What # 8A left us

# 8A is the corollary of a long road, full of achievements but also of obstacles. With 38 votes against, 31 in favor, 2 abstentions and 1 absence, the Chamber of Senators, reviewer of the bill of Voluntary Interruption of Pregnancy, rejected the average sanction from Deputies after the marathon session of 13 and 14 of June.

More than 1 and a half million people populated the Plaza del Congreso in Buenos Aires and some 25,000 were in the vigil on the Yrigoyen diagonal of the city of Córdoba. The streets were filled with green once more: songs, hugs, emotions of a multitude of activists who waited expectantly for the result of the vote, but who were also there to give a message to the Senate: let it be law.

The project in question

Durante la última sesión del Plenario de las tres comisiones (Salud, Asuntos Constitucionales y Justicia y Asuntos Penales), los sectores a favor de la legalización buscaron que el proyecto modificado consiguiera la mayoría para obtener dictamen. Se trataba del proyecto que nació como “la opción Córdoba” propuesta por la senadora Laura Rodríguez Machado (PRO), y los senadores Ernesto Martínez (UCR) y Carlos Caserio (PJ). Esta propuesta luego fue respaldada por Miguel Pichetto y el Bloque del PJ, y se convirtió en la alternativa para juntar voluntades y evitar el rechazo total.

El proyecto con modificaciones proponía algunos cambios como bajar de 14 a 12 semanas, eliminar el delito que castigaba a médicos/as que se nieguen a practicar abortos, y dar lugar a la objeción de conciencia institucional para clínicas confesionales, entre otros. Este dictamen finalmente no logró la mayoría necesaria y la Cámara de Senadores/as trabajó con el proyecto de ley de IVE sin modificaciones, es decir, tal como había salido de la Cámara Baja.

En la previa a la votación, hubo varios indicios del resultado final por el rechazo total: al poroteo que ya sumaba 36 votos en contra se sumaron el cambio de voto de la senadora Larraburu días antes de la votación y la repentina definición por el rechazo del senador tucumano Alperovich. La Legislatura de Tucumán había decidido días antes declararse “Pro Vida”.

Las mujeres se siguen muriendo

On August 4, the death of Liliana Herrera was known in a hospital in Santiago del Estero, as a result of an intrauterine hemorrhage resulting from a clandestine abortion. He was 22 years old and had two daughters, 3 and 6 years old. However, this situation did not reverse the vote of the three senators from Santiago: the three votes were negative.

The day before the debate was announced another tragedy: a woman in Mendoza, mother of 5 children, is hospitalized with an induced coma after a 3-day haemorrhage for a clandestine abortion. Senator Pamela Verasay from Mendoza recalled them in her speech and said: “I ask all senators to open their hearts, women are dying. Do not speak for us, speak for future generations. ”

Even in a conjuncture that shows the public health problems that clandestine abortion represents, the rejection of the bill took precedence without proposing an alternative aimed at resolving the problem or the root causes of unwanted pregnancies.

A debate full of tensions

During the day several issues arose that attracted attention. On the one hand, alternative and self-managing means were not allowed to be present and to do journalistic coverage from the premises. Rejecting your accreditation in an arbitrary and clearly discriminatory manner is a serious act against freedom of expression. In the name of formal rigor, access was also denied to several deputies who, weeks before and as a result of their initiative, obtained the average sanction. The same happened with Nora Cortiñas, a reference for the struggle for Memory, Truth and Justice.

There were also moments of tension between the president of the Senate at the time of moderating the exhibitions. On the one hand, we tried to hurry the times of the discussion, arguing security issues that should be provided from the Ministry of Security. Being the responsibility of the Executive Branch to guarantee the conditions so that the debate can develop normally, the pressure for “hour” and “security” issues show the interference of this power in legislative matters. On the other hand, it was generally allowed to extend its expositions to people who spoke against the bill, while the opposite occurred with those who gave arguments in favor, emphasizing the rules of the debate, regardless of the party they belonged to. the exhibitors.

In the Middle Ages we do not return

Frente a exposiciones plagadas de argumentos falaces y vetustos que dejaron mucho que desear para un parlamento en el año 2018, la claridad y altura de los/as senadores/as comprometidos/as con los derechos de las mujeres fueron esperanzadoras, y sientan las bases para seguir argumentando a favor de la ampliación de derechos.

“With the law, abortions will be cared for, with pills and in health services. Without law, abortions will continue to be clandestine, surgical and risky “sentenced Chaqueña Senator María Inés Pilatti Vergara. And he closed with the reading of a letter from a Cordovan father to his feminist daughter: “I hope you are never at the crossroads of having to decide to have an abortion. I wish (you, all) never have to even think about it. But if by the vicissitudes or the damn turns of life you’re ever in that place and you decide to have an abortion, I’ll fight to have it in the hospital, taken care of, contained and embraced, with ultrasounds, controls and pills. ”

Senator Mirkin, the only legislator from Tucumán who voted in favor of the project, was also forceful in her presentation. “I was voted to legislate and the law is not stony, the law can be changed, it can be improved and thus improve the living conditions of the citizens,” he said.

The intervention of some men attracted attention. For his part, the senator from Chubut, Alfredo Luenzo, said that we are facing “a patriarchal society” and that “we are sexist in recovery.” “When a woman chooses not to be a mother in a difficult and very personal decision, there is no law, state, ethics, nothing to stop her, and we are witnessing that reality,” he concluded.

The Cordovan senator Ernesto Martinez was very clear about the separation that this debate should have of all religious dye. “This is the Argentine Criminal Code. It is neither the Bible, nor the Torah, nor the Koran, nor the Talmud … The fanatics confuse sin with crime “[…] The Penal Code that seeks to modify is the will of the secular legislator who watches over the common good that is not never owned by a single sector, “he said, after making an ironic reference to the words of Buenos Aires archbishop Mario Poli.

The last to speak was Senator Luis Naidenoff, from the province of Formosa, who presides over the Interbloque de Cambiemos. “Abortion is an unwanted situation. The punitive road failed miserably and deepened the underground. Every avoidable death, when the State can intervene, mobilizes us “established. And he concluded: “There is nothing more unworthy than to look to the side and do absolutely nothing […] Those we support know that the State must take charge. The rejection of the law is to look to the side.”

And now, how do we continue?

The rejection of the project is a parliamentary and political decision that does not delegitimize the gains of the feminist movement and especially that does not eliminate the 354,627 abortions that are performed per year, the 41 abortions per hour, nor the 43 women who died during 2017 product of clandestine abortions. By force of militancy, occupation of public space, legislative alliances, digital campaigns and committed journalism, the feminist movement managed to install itself in the national, regional and international agenda. The world echoed our demand and women from various countries, recorded accompaniment videos to the fight for abortion in Argentina, organized marches and rallies in parallel on Wednesday, August 8 in different parts of the world.

The debate about the legal interruption of pregnancy managed to cross the social fabric and break partisan, religious and interest barriers. The map of bridges between lawmakers of antagonistic party forces, meetings between deputies who had never spoken before, alliances and complicities between journalists, militants, employees of Congress, press advisors and each person involved , reevaluated the role of grassroots militancy and dialogue and consensus as useful tools for policy making. The micro-lobbying in each house, the chat with friends, the attempt to “convince” family members, the talks at the table, the circulation of messages in groups via WhatsApp show how the legislative architecture is being put together so that ” be law “be possible. And it is possible because we will continue fighting for it.

But yesterday this immense force failed to bring down one of the most installed powers in our country. One of the sectors that operated most forcefully in the final stretch, was (ron) the (s) Church (s). The conservative Catholic and evangelical sectors were those who put pressure on legislators, convened marches where the idea of God was central in their posters and invited speakers to talk to them who misinformed in the same line.

In this way, a theme that appeared as collateral and not planned, was the separation of the Church and the State. Parallel and in addition to the struggle for legal abortion, the struggle for a democratic debt was opening up: the true Lay State. The creation of a new handkerchief – this time in orange – as a symbol and the beginning of a new struggle that goes hand in hand with that of the freedom of our bodies, is taking shape.

Today and always, women will continue to abort because the separation of pleasure and reproduction is fundamental. Because motherhood is a choice and not an obligation or a state punishment made under threat of imprisonment or fear of death.

Today and always, women will continue to abort because we are owners of our future, our life plans and our bodies. Now, today, next year and always the women will continue fighting.

Clandestinas never again, the struggle continues.

Author:

Mayca Balaguer
Carolina Tamagnini
Emilia Pioletti

Contact:

Virginia Pedraza – vir.pedraza@fundeps.org

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Third parties interested: judicial presentation in defense of the public domain of Los Paredones stream

FUNDEPS together with a group of neighbors and members of the collective “Todos por Nuestros Arroyos” from the town of Alta Gracia, requested participation as third parties interested in the case “El Potrerillo de Larreta Country Club S.A. c. Province of Córdoba – Ordinary “.

“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 cause, begun in 2013, discusses the legitimacy of the placement of fences to a public stream, for the exclusive benefit of the country Potrerillo de Larreta, restricting free transit to third parties and the use of it by the entire community . Likewise, the true scope and meaning of the public domain character of the Los Paredones stream is in question.

In the ruling of first instance of November 2017, the judge of Alta Gracia Graciela Cerini had resolved “to dismiss the lawsuit filed by THE POTRERILLO DE LARRETA COUNTRY CLUB S.A. against the PROVINCE OF CÓRDOBA as soon as it intends to install wire fences over the Arroyo Los Paredones in the entrance and exit of its property, having to demarcate the limit along the shore line “.

However, it then determines that it does not matter to simply authorize the free entry to the watercourse, and orders a series of questions to the Province of Córdoba and the Municipality of Alta Gracia. First, to determine how the public use of the stream will be in the affected area. Secondly, to take the necessary control, security and protection measures to achieve the harmonization of the interests at stake, while maintaining the existing fences.

In December of last year, Potrerillo de Larreta appealed the decision, referring the case to the 9th Nomination Chamber of the city of Córdoba, where the parties must express the grievances caused by the first instance decision.

In the city of Alta Gracia, the neighbors have been defending and claiming their fundamental rights in different instances and since 2011 the collective “Todos por Nuestros Arroyos” has taken the post. Thus, it has developed numerous activities in favor of the recovery of the public spaces of the streams of Alta Gracia, including Chicamtoltina and its tributaries, Estancia Vieja, Los Paredones and Coacamilin, in this struggle in which owners and real estate ventures began. to wire the margins of different stretches of the streams.

Faced with the ambiguity of the ruling, the continuity of the fences over the stream and the passivity of the provincial and municipal authorities, the neighbors of Alta Gracia together with FUNDEPS decided to intervene in the trial in order to guarantee the respect of the rights of collective incidence over the individual rights wielded by the country and reject the legitimacy of the fences while violating, among others, the right to free transit and the use, enjoyment and use of public domain waters.

More information:

Vecinxs firmaron por el espacio público

Vecinos firmaron para que se quiten los alambre en el arroyo

Contact:

maycabalaguer@fundeps.org

mariaperezalsina@fundeps.org

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Senators: let it be law

More than 30 organizations supported this document directed to the senators from the province of Córdoba, Laura Rodríguez Machado, Carlos Caserio and Ernesto Martínez. The document highlights the importance of their vote in favor of the abortion bill under discussion and that has already been approved by the Chamber of Deputies.

“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”.

Given some expressions of the senators and the senator in front of this debate, in which they stated that they would adopt a different position, presenting their own project, many civil society organizations consider it important to present arguments to highlight the reasons why we understand that their vote should be in support of a bill, as approved by the lower house.

In the first place, this project is constitutional and respects the provisions of the International Treaties on Human Rights to which the Argentine State is bound. Neither the National Constitution nor the human rights treaties ratified by the Argentine State are an obstacle to the decriminalization and legalization of abortion, so it is possible to uphold the constitutionality and conventionality of the bill. In fact, these norms impose on the State obligations of respect, protection and guarantee of rights that are guaranteed in this project.

In addition, we argue that conscientious objection can not be institutional. The objection of individual conscience, as it is raised in the bill, is a reasonable solution based on freedom of conscience and religion. However, recognizing the claim of private institutions to exempt themselves from the provision of services for the interruption of pregnancy is unthinkable, taking into account the restrictions that the freedom of individual conscience of the professionals working in these establishments generates, the affectation of freedom and right to the health of the patients, and the costs and problems for the health system.

On the other hand, we present arguments to argue that the 14-week term is a reasonable term. Allowing the voluntary interruption of pregnancy up to this time does not imply risks and is in line with what is regulated by other countries that have been improving their regulatory frameworks.

It is also important to mention that the legalization of abortion does not matter a budgetary problem. The costs of a legal practice are much lower than the costs implied by complications from unsafe abortions that range from surgical interventions with hospitalization and anesthesia to several days in intensive care.

Finally, we consider that this bill of voluntary interruption of pregnancy is consistent with the totality of the current regulatory system and is the missing law in a remarkable list of regulations on human rights in our country.

But fundamentally, we highlight the broad support that this bill has in the province of Córdoba. A million people gather in front of Congress and thousands in the streets throughout the country. In Córdoba, capital and in numerous provincial towns, we find ourselves in a massive way in each pañuelazo, expressing our position.

It can not be denied that the sanction of this law is expected by the Cordoba’s people, the Argentine citizenship and the Latin American community.

The senators have the opportunity to turn this project into law, consolidate long-postponed human rights, meet the international standards in this matter to which the Argentine State is obliged and mark an advance in the protection of women’s rights. and pregnant people in our country.

The bill will allow us to advance in the construction of a more just, egalitarian and respectful society of human rights.

Senators: let it be law

More information

Publication: Senators: let it be law

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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HLAC presented a report to the IACHR on HR and companies

Report prepared by the Healthy Latin American Coalition (CLAS) was presented in the framework of a public consultation opened by the Special Rapporteurship on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights (CIDH), with the to prepare a thematic report on inter-American standards in the area of ​​business and 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”.

The growing number of cases of human rights abuses and violations committed by companies has led to the treatment of the problem by the international community for some years now. In this context and within the framework of the inter-American system, the IACHR considered gathering information from different interested parties for the purpose of preparing a report that considers the regional reality, and that analyzes and systematizes the inter-American obligations and standards, in order to finally make recommendations on the matter.

Report presented by CLAS, a network that groups around 300 organizations in Latin America of which FUNDEPS is a part, focuses specifically on analyzing the link between companies and chronic noncommunicable diseases (NCDs).

Thus, first, the report provides information on the impact of these diseases in the region, with special mention to the involvement of vulnerable groups. Secondly, the power of influence of companies in the process of formulation of norms and public policies is analyzed, as an obstacle when adopting, executing and advancing in health policies to prevent and reduce the impact of chronic noncommunicable diseases. . In this regard, the cases of the tobacco industry, the food industry and the alcoholic beverage industry are cited as examples.

The document also warns that the current regulations and action plans sanctioned by governments focus on the prevention of the risk factors of these diseases, without including a more general perspective on human rights and companies. It observes that only some countries have made slight progress in this regard, despite the fact that international evidence shows that the most effective measures to reduce the consumption of unhealthy products are those that control the actions of the companies that manufacture and promote these products; especially in relation to marketing and promotion strategies.

Beyond the efforts of Latin American governments to move forward with legislation for the prevention of NCDs, the intervention of companies in the design and implementation of public policies, as well as the lobby of the industry, constitute a great obstacle to effective implementation of norms that prevent the population from the health consequences of consuming unhealthy products.

Currently, at the international level, there are non-binding instruments and mechanisms that aim to protect human rights from the irresponsible actions of companies. These include: the United Nations (UN) Guiding Principles on Business and Human Rights, the OECD guidelines and the UN Working Group on Business and Human Rights. Similarly, the work of the IACHR has focused on the search for the prevalence of fundamental rights against the power of corporations; and that is why this thematic report takes on a fundamental character. In this context, also, in the last three years, at the initiative of some States, it has begun to debate the possibility of having an international treaty that effectively forces companies to comply with and guarantee respect for human rights. We believe that an instrument with these characteristics would reinforce the existing regulations, while at the same time ending the abuses perpetrated.

More information

Report presented by CLAS

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

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Bajo Grande and Jerónimo de la Gente: A prize that seeks to cover a problem of years?

On April 6, the award ‘Jerónimo de la Gente’ was presented in the city of Córdoba and it was the Civil Association ‘Las Omas’, who won the first place after the vote. The recognition seeks to distinguish a citizen, citizen, or grouping of citizenship; whose work in Córdoba seeks in some way to address social problems.

“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”.

Las Omas, an organization established in the Chacras de la Merced neighborhood, since 2011 has been dedicated to the assistance of neighbors living in poverty and violence. At the same time, its president, Alida Weht, has been the one who has taken the bastion of the fight against pollution caused by the malfunction of the Sewage Treatment Plant of Córdoba.

The prize that Las Omas received is a distinction for their tireless work to improve the situation of women in the neighborhood, but little has been mentioned in the media about their immense work, to improve and protect the environment that surrounds them. Mayor Mestre has recognized Las Omas on the one hand, but on the other, he has not done anything to help them end the problems derived from pollution.

A few weeks ago, it became known that the Municipality of Córdoba admitted that the plant is not in perfect condition and that it is operating at 60%. Likewise, Daniel Bardagi, Director of Sanitary and Gas Networks, promised that in the next few days the plant would be fully operational.

This position of the Municipality collides directly with what is expressed by the employees who are working in the WWTP, and who have declared that the plant under no circumstances is able to operate at 100%. In addition, they have declared that the liquid that enters the station is not treated in any way and the conditions in which it enters are the same that it has when it is dumped into the Suquía River.

These comings and goings between the Municipality and employees of the plant, are not new and do nothing but dilate a situation that has long been unsustainable. The lack of responsibility of the municipal government and the desire to hide a reality that is visible so many years ago, has become a community of people who today are in a situation of extreme vulnerability.

Similarly, the problem of pollution is not only limited to the area of ​​the city of Córdoba. It has been verified that the unloadings in crude have arrived at least and safely to Capilla de los Remedios. Moreover, the samples taken and evaluated by the National University of Córdoba (UNC) show that the bacteria and coliforms present in the water 36 km from Bajo Grande, are in practically the same amounts and concentration as when they leave plant. Also, there may be evidence that contamination has reached the mouth of the Primero River in the Laguna de Mar Chiquita.

Derived from this contamination, neighbors of Chacras must face every day a myriad of problems, most of which are related to health (skin, respiratory and gastrointestinal diseases). Similarly, the environment vitiated by the smell of cloacal water overturned raw, makes life more difficult in that place.

From the Municipality of Córdoba has been announced that in the coming days and weeks will be bidding three refurbishment works in the plant for almost 300 million pesos. These spare parts correspond to the failure of the mitigation plans assumed each year by the successive municipal administrations. According to Federico Kopta, of the Córdoba Environmental Forum, these spare parts and the expansion of the plant that is in progress will not be able to reverse or mitigate the current contamination situation, as long as the necessary controls on the sewage network are not carried out.

After years of claims, we have again asked the authorities to recognize the problem and take action on the matter. The situation of vulnerability that lives in the community located next to the purification station is, today, unsustainable and degrading. The Jerónimo de la Gente award, has managed to recognize the tireless work of Las Omas, but has not been able to cover a problem that they must face each and every one of their days. After this award, there should be a commitment of officials to families in that area and the environment of all inhabitants of the province of Cordoba.

Sources

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

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We participate in the First Latin American Workshop on Litigation Strategies on Climate Change and Human Rights

From July 11 to 13, the First Latin American Workshop on Litigation Strategies on Climate Change and Human Rights was held in Bogotá, Colombia. The workshop was jointly organized by the Law, Justice and Society Studies Center (Dejusticia) and the Sabin Center on Climate Change Law at Columbia University.

“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 brought together 21 activists and lawyers from Latin America who work on environmental issues and human rights with the purpose of training them on the new and innovative strategies of climate litigation in the world.

In this sense, the three main objectives of the workshop were:
– Analyze the theoretical and legal bases that have been used in different types of climate litigation in different parts of the world.
– Develop specific strategies that the participants can adapt to their own countries and organizations.
– Establish a collaborative network between activists and organizations interested in studying and promoting strategic litigation on climate change in the region.

During the workshop, various presentations were presented on the importance of climate justice, the types of existing climate litigation, legal principles and doctrines, legal precedents, climate litigation strategies, as well as the climate litigation challenges related to jurisdiction, attribution factor, causality, quantification of damages, among others.

Likewise, the new tendencies in the matter of climate litigation were presented, taking as initial kick-off the first guardianship on climate change and future generations of Latin America granted by the Supreme Court of Justice of Colombia to 25 boys, girls
and young people, supported by Dejusticia.

More information:

https://www.dejusticia.org/tutela-cambio-climatico-colombia/
http://climatecasechart.com/

Contacto:
María Pérez Alsina –mariaperezalsina@fundeps.org

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Rejection of the Draft Law on Collective Proceedings

In 2016, “Justice 2020” program was created within the scope of the Ministry of Justice and Human Rights, by Germán Garavano. It is a space for institutional and citizen dialogue that seeks to build a close, modern, transparent and independent justice.

“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”.

A commission formed by different experts within the framework of this program (within the civil axis and the team “Procedural changes for a better justice service”) worked on the drafting of a preliminary draft that regulates the process of the actions that are aimed at issues of collective affectation.

And is that our constitutional order provides for the existence of a collective procedural protection of rights of collective incidence since the 1994 reform, but no specific law was developed so far. So far, the provisions of the jurisprudence have been applied, fundamentally for what the Supreme Court established in the Halabi ruling of 2009, where it created a new procedural path for the protection of this type of rights, by accepting the figure for the first time of the “class action”.

In this ruling, the Court referred to the lack of regulation in the area of ​​collective actions, characterizing it as a default of the legislator. However, this lack was replaced in practice by the Courts of the country, which have long been admitting the origin of these actions, and in respect of which it has been litigated (and is still litigated) without uniform and clear rules.

The preliminary draft that was presented in mid-May on the portal of the Justice 2020 Program arises, then, with the aim of giving uniformity and clarity to collective processes.

However, together with numerous social organizations, we express our concern for the content of this draft and we ask Minister Garavano to refrain from pushing the bill before the National Congress.

If successful, this project would limit collective actions and affect its operation. Collective actions are indispensable for the recognition and protection of fundamental human rights of a collective nature. A restrictive and delaying regulation of collective actions, such as the one that emerges from the draft, could hinder the advance of this type of claims, and would imply a serious setback in relation to the current situation.

Among the aspects that concern the preliminary draft, we highlight the following:

Interference in procedural matters: the regulation of local procedural matter is exclusively provincial competence.
Excessive rigor for the determination of “adequate representation”: the requirements are excessive, because they impose on the affected parties, organizations and their lawyers a series of extremely strict requirements that will mean a limit for the presentation of collective actions .
Limitation of precautionary measures: the draft regulates the issuance of precautionary measures in such a way that it frustrates its operation, since it foresees that the recipient will be transferred, detailed substantiation is required and the resolutions that deny them can not be appealed.
Ordinarization of collective processes
Establishment of long and cumbersome procedures for registration and consolidation of the class, including various secondary processes within the main process,
Restriction on the participation of third parties
Regulation of competition
Lack of gratuity
Express exemptions of procedural rules of a collective nature that have a higher level of protection of collective rights. Art. 54 of Law 24,240 (Consumer Defense Law); and the first paragraph of art. 32 of Law 26,675 (General Environmental Law), replacing them by more restrictive regulations.
We consider that this proposal for the regulation of collective actions implies a setback in relation to current regulations and practices to ensure access to justice for individuals and groups in vulnerable situations.

A process must be initiated to discuss the difficulties for access to justice faced by organizations and users of collective actions, so that future proposals for regulation effectively allow for greater use and effectiveness of these actions.

Complete communication of Civil Society Organizations

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Open Government: Argentina seeking to advance firmly

During the month of April, the Minister of Modernization, Andrés Ibarra, spoke at the Palacio San Martín on open government, ratifying the commitment of the Argentine State to policies that promote easy access to public management information for citizens. He did so to present the launch of the “OECD Study on Open Government in Argentina”, accompanied by the Deputy Secretary General of the Organization for Economic Cooperation and Development (OECD), the Finnish Meri Kiviniemi, and the chief of advisers of the Ministry of Treasury, Guido Sandleris.

“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 OECD study will be carried out throughout this year 2018 and is expected to be presented to the OECD Public Governance Committee in April 2019. This report will present two main objectives: first, to support the implementation of open government strategies and initiatives through an in-depth analysis of the current state of the national government’s reforms focused on promoting the application of these principles, both in the national and provincial public administration. As a second objective, it will try to accompany the Argentine provinces in the process of improving their open government strategies and initiatives, through a data-based approach and peer review. This review process will include visits to three provinces of the country, selected jointly by the OECD and the Argentine government.

The Open Government is a way to develop public policies in an open manner, with the objective of facilitating access to information, encouraging citizen participation and intensifying the system of accountability. It implies a modality of public management that is more transparent, participatory and that improves collaboration between the State, the Government and Civil Society. This movement had its origins in the Great Britain of the ’70s, as a movement that sought to dismantle the secrecy and bureaucratic obscurity that governed British politics. It is currently promoted at the international level by the so-called Open Government Alliance, a multilateral initiative that seeks to ensure specific commitments of governments to advance in the promotion of Open Government.

Argentina has a long history of relations with the OECD, adhering to multiple declarations and conventions of the Organization, as well as participating in official bodies and the Development Center of the OECD. However, it is not yet a Member and it is well known that the national government would like to be able to obtain the formal invitation of the Organization to become one, or at least maintain the best possible relations with its members, since it deals with the countries where a large part of Foreign Direct Investment (FDI) comes from. Therefore, it is of great importance for the Government to undergo a study by the OECD and, above all, to produce good results that can improve its international image.

However, and beyond what the importance of this OECD study for the national government and the results it yields, it should be clarified that there is still much to be done in the path of open government in Argentina. Its effective application must be based on open and easy access to public information by civil society, but it must also contain adequate mechanisms to ensure that this civil society can participate and interact with decision-making based on this information. Last but not least, among the measures should be included those relevant to debureaucratization, which facilitate the exercise of the previous two.

Based on the provisions of the Third National Action Plan for the period 2017-2019 launched by the Ministry of Modernization and the commitments it proposes, it can be observed that from the Argentine State only progress has been made regarding the first characteristic of an open government, accessibility to information by the general public and not without problems, as detailed in the Open Government Partership portal in its section dedicated to Argentina.

It is also worth mentioning that the movements related to making effective and real the participation of civil society for the time being seem to have been limited to activities of the National Open Government Roundtable and other days and survey of demands: far from the effective establishment of institutional mechanisms that integrate to decision making. In terms of debureaucratization, progress has been made in the use of new technological tools and communication linked to the Internet to streamline procedures and consultations from society to the State, such as the implementation in 2016 of the Platform for Public Consultation. However, there are still several areas where the reduction of bureaucracy has not arrived, not to mention that it remains to be seen to what extent these tools are effective on the path to open government.

Clearly, considering all of the above, it can be affirmed that, in order to achieve transparent public policy decision-making, with citizen participation and accountability, many more advances must be made than before. Perhaps the announced OECD study opens a window for organizations, experts and society in general to make their voices heard and promote the necessary measures.

Author:

Agustín Fernandez Righi

Contact:

Agustina Palencia – agustinapalencia@fundeps.org

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We participated in the Discussion on access to justice for the elderly in Córdoba

On June 18, 2018, within the framework of the Project AJuV- for the Promotion of Access to Justice of Vulnerable Groups- of the Office of Human Rights and Justice of the Judicial Branch of Córdoba – Argentina, an external consultation session was held. on access to justice for the elderly in the province of Córdoba, which included the participation of numerous organizations that work locally to promote the human rights of older people, including FUNDEPS.

The AJuV Project aims to develop contextual action strategies that allow access to justice for vulnerable groups. These actions consist of: virtual training courses for all judicial personnel, publication of normative compendiums with summaries in simple language for the social dissemination of rights, awareness-raising events to address the legal culture in relation to vulnerable sectors and the preparation of action protocols for judicial personnel.

The latter will be the daily consultation tool for those who provide justice in cases involving people belonging to the vulnerable group.

In order to enrich the assembly of the protocols, the Discussion generated a space for communication and debate with relevant organizations and actors for the promotion of access to justice, discussing obstacles, good practices and cross-cutting recommendations to different groups in conditions of vulnerability in Córdoba.

It is expected that this type of initiative can generate measurement indices about the levels of effectiveness of the policies implemented and that those responsible be established to monitor and comply with the policies that guarantee the access of the elderly person to justice.

Author

Laura Alesso

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Concern and uncertainty regarding the progress of the works of the Villa Carlos Paz Environmental Center

The works of the Environmental Center of Villa Carlos Paz show an advance of 90% and estimate that in 30 days it will be in operation. Meanwhile, the concern of the residents of Malagueño continues asking for concrete measures to make effective the differentiated collection of waste as well as awareness campaigns.

“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 project “Environmental Center of Villa Carlos Paz” is being developed in a municipal area located near the National Route 20, which links it with the city of Córdoba, where the current open-air dump is currently operating. It will process the garbage of more than 100.00 inhabitants of the region that includes Villa Carlos Paz and neighboring localities (Villa Rio Icho Cruz, Mayu Sumaj, Cuesta Blanca, Tala Huasi, Cabalango and Malagueño).

In Centro Ambiental, it is integrated by three works: a sanitary landfill for the disposal of solid urban waste, a separation and treatment plant for leachates (toxic residual waste liquid) and the closure of the existing open-air dump for more than 50 years. years.

The works with a total investment of 188,403,896 pesos are being financed through the Environmental Management Program of Tourist Municipalities, executed by the Ministry of Tourism of the Nation with funds from the IDB (Inter-American Development Bank) and the National State.

The construction of the Environmental Center began in mid-2017 and according to Horacio Pedrone, Secretary of Environmental Urban Development of the Municipality of Carlos Paz: “We think that by the second half of this year, we will have the new Environmental Treatment Center in operation of urban solid waste “.

While the works are advancing rapidly and the authorities of Carlos Paz announce that at the end of August the differentiated waste collection will begin in the city, in charge of the company Cotreco, in Malagueño there is uncertainty and concern.

In this regard, it is stated that although the Municipality of Carlos Paz has announced communication and awareness campaigns to the community on how to proceed when separating and collecting garbage, no concrete measures have yet been observed. The Malagueño authorities for their part say nothing about it, and taking into account that the Environmental Center will be inaugurated soon, the residents of Villa San Nicolás (Malagueño) fear that the place will become a new landfill.

The project foresees that once the construction of the Environmental Center is completed, the definitive closure of the existing open-air dump would begin, solving a problem that takes 58 years. Until recently, even the fire sources in the same one continued, affecting the smoke and the toxic gases emanating from the landfill to the San Nicolás neighborhood and other neighborhoods near the highway.

In addition, during the last months of December and January, the landfill was burning for more than 80 days, and therefore self-appointed neighbors organized protests calling for an environmental emergency to be declared as a result of the toxicity generated by the smoke from the burning garbage.

In short, the environmental damage affects the air that neighbors breathe, and due to the rains – which increase during the summer and tourist seasons – the ashes end in the San Roque dam that supplies water to 70% of the city ​​of Córdoba.

From FUNDEPS we follow this process and accompany the community of Villa San Nicolás to ensure respect for their rights to a healthy environment, health and access to information and citizen participation. Likewise, and as we have been saying for some time, we consider questionable the location of the Environmental Center next to the La Calera Defense Nature Reserve, and meters from San Roque Lake in areas that may have a higher filtration or percolation propensity towards the Napa of water.

More information

http://www.eldiariodecarlospaz.com.ar/sociedad/2018/6/14/en-agosto-comenzaria-la-recoleccion-diferenciada-de-residuos-52986.html

http://www.eldiariodecarlospaz.com.ar/sociedad/2018/5/15/asi-es-el-centro-ambiental-donde-se-procesara-la-basura-de-punilla-51764.html

https://lmdiario.com.ar/noticia/43262/malagueno-denuncian-problemas-respiratorios-por-los-incendios-del-basural

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Gonzalo Roza – gon.roza@fundeps.org