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Regulation of Public-Private Partnerships in Argentina: risks and opportunities

The PPP or PPP (by its name in English: Private Public Partnerships), born in the United Kingdom in the early 70’s and then expanded by the rest of Europe, North America and Latin America, with Brazil, Chile, Colombia, Peru , Uruguay and Mexico, represent a new form of linkage between the private sector and the public sector. Under this model, part of the services or works traditionally under the responsibility of the public sector are executed by the private sector through a contract in which the shared objectives for the supply of the service or work in question are clearly delineated, and the obligations and risks assumed for each part. Although the level of participation of the private sector has increased since the eighties of the last century, PPPs are presented as innovative agreements. It is supposed that they allow a better mobilization of resources to solve the problems of the public sector to execute this type of projects.

In Argentina, and after some attempts to give legal form to PPPs in the years 2000 and 2005, new legislation is approved in Congress at the end of 2016, through Law 27,328. The text of this law defines public-private partnership contracts in its art. 1 as: “those held between the bodies and entities that make up the national public sector with the scope provided in article 8 of Law 24.156 and its amendments (as a contracting party), and private or public subjects in the terms set forth in establishes in the present law (as contractors) with the aim of developing projects in the fields of infrastructure, housing, activities and services, productive investment, applied research and / or technological innovation”.

In our country we have a serious deficit of public works and, until now, the State has not been able to fill that gap. That is why they are seeking, as with the new APP law, new forms of financing in infrastructure and public works. However, we must be careful when implementing it, since PPPs carry some risks and opportunities. How favorable are these types of agreements for infrastructure development? Do they really work? What are its true scope and limitations? These are some of the questions that arise when evaluating the projects executed under this modality.

So far there are no cases of application of this type of contract for the realization of infrastructure works. We believe it is important to strive for transparency and accountability on the part of the government in the use of this and other forms of contracting. Learning from the experiences of Latin American countries on these issues, during the whole process in which the PPP project is developed, the risks that this implies must be correctly evaluated. Also, control, supervise and plan correctly and responsibly, taking into account the social interest of the project, access to information, citizen participation. Also, trying to avoid corruption and potential environmental, social and human rights impacts.

More information

– Risks and opportunities of the new Law of Public-Private Partnerships in Argentina | FUNDEPS

– Why Public-Private Partnerships now? | Fundación Ambiente y Recursos Naturales (FARN)

– Public-Private Partnerships from the multilateral bank. Implementation in Latin America. Part I | Asociación Ambiente y Sociedad

– Comparative study on the implementation of Public Private Partnerships (PPP) | FARN

Image source

Banco Interamericano de Desarrollo

Author

María Victoria Gerbaldo – victoriagerbaldo@fundeps.org

Contact

Gonzalo Roza – gon.roza@fundeps.org

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Release of the NGO the selection of the person responsible for the Ombudsman’s Office

“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 undersigned organizations in the framework of the questioned process of designation of the Ombudsman of the Nation, and taking into account the following points:

– That citizen participation is a human right, and an instrument for the adoption of better public policies.

– That it is not a matter of electing a People’s Defender, but rather of appointing the best possible Ombudsman.

– That eight (8) years ago civil society organizations have been demanding not only the selection of an Ombudsman, but the adoption of a participatory and transparent process for that purpose.

– That citizen participation can not be the victim of a hurried selection process.

– That the absence of an explicit mechanism by which a process of citizen participation is established does not mean that the bicameral commission can not adopt a procedure for that purpose.

– That the express acceptance of candidates for the postulation, made by the Bicameral Committee of the Ombudsman without any citizen participation or any argument – more than political consensus – is an insurmountable antecedent of lack of suitability.

– That the procedure adopted for the selection of the Ombudsman ignores the “Principles relating to the status of national institutions” (Paris Principles), which represent the minimum international standards for the establishment of National Human Rights Institutions (INDH), as well as the General Comments of the Accreditation Sub-Committee.

– And finally, regarding the procedure for appointing the Ombudsman, the Global Alliance of National Human Rights Institutions (GANHRI) recommended -on several occasions- “to ensure the formalization of a clear and transparent selection and appointment process, and participatory (…) that includes wide dissemination of vacancies; maximize the number of potential candidates from a wide range of social groups; promote broad consultation and participation in the application, selection and designation process; evaluate candidates based on predetermined, objective and public domain criteria; select members to serve with their own individual capacity and not on behalf of the organization they represent.”

 

Asociación Civil por la Igualdad y la Justicia (ACIJ)

Centro de Estudios Legales y Sociales

Fundación Directorio Legislativo

Fundación Poder Ciudadano

Aldeas Infantiles SOS

Asociación Civil Capibara. Naturaleza, Derecho y Sociedad

Banco de Bosques

Centro Latinoamericano de Derechos Humanos (CLADH)

Comisión Argentina para Refugiados y Migrantes (CAREF)

Democracia en Red

Equipo Latinoamericano de Justicia y Género (ELA)

Foro de Periodismo Argentino (FOPEA)

Fundación Conocimiento Abierto

Fundación Ciudad

Fundación Huésped

Fundación para el Desarrollo de Políticas Sustentables (FUNDEPS)

Fundación para el Estudio e Investigación de la Mujer (FEIM)

Fundación Sur

Fundación Vía Libre

Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)

Laboratorio de Políticas Públicas

Salta Transparente

TECHO

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Claim for higher standards of protection of DD.HH. in infrastructure megaprojects

“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”

Currently, the Latin American region has witnessed a resounding change in the area of ​​large investments for development. Traditionally, international financial institutions (IFIs) played a fundamental role in supporting development projects in the region. The World Bank Group and the Inter-American Development Bank Group were behind the large investments in the infrastructure area.

This situation has been modified by the increase in the presence of the People’s Republic of China as the main investor in this matter. In this regard, it is necessary to highlight that this situation has brought about a strong discussion regarding social and environmental standards. Traditional IFIs have regulations that, while far from functioning properly in practice, minimally seek to ensure compliance with certain environmental, social and human rights standards in their projects. In the case of Chinese institutions, on the contrary, the situation is more complex, since in most cases these institutions lack transparency or clear and robust regulations in socio-environmental matters.

The consequence of the coexistence of these two groups of institutions – the traditional IFIs and the Chinese ones – has given a negative balance and this has been evidenced in the retreat of the safeguards in organisms such as the World Bank. In this sense, the current financing structure in Latin America has seen its standards fall, generating serious situations of violation of rights when launching large infrastructure projects. During 2016, 200 environmental defenders lost their lives claiming their rights before the advance of major oil and mining projects. 60% of those deaths occurred in Latin America and 40% belonged to indigenous peoples.

From this framework, the Regional Coalition for Transparency and Participation, brought together a group of civil society organizations with the aim of influencing the improvement of socio-environmental standards in infrastructure megaprojects. At the Fourth Regional Meeting on Human Rights, Transparency and Investments, held in Lima on August 30 and 31, the organizations gathered spoke for the urgent need to ensure the rights of environmental defenders. Likewise, the growing cases of corruption around the megaprojects and the lack of access to public information were highlighted.

The statement after the meeting noted that: “several governments have been addressing the right of access to public information as a mere administrative procedure, without taking into account that it is an instrumental human right to other fundamental rights, such as the right to life, to health, to freedom of expression, which contributes to the adequate and timely citizen participation and free and informed prior consultation. In this line, it is worrying that several international initiatives on transparency and access to information can not continue to advance adequately because there is a risk that we seek to lower the standards, as in the case of the Regional Agreement of Principle 10.” The large infrastructure projects then, today remain the scenario for the problematization of issues such as transparency and accountability.

Several governments in Latin America have joined the Open Government Partnership (OGP) and have therefore committed to implementing policies that promote transparency, access to information, accountability and participation. citizen This necessarily implies that these efforts to ‘open the State’ must expand to the environmental and infrastructure branch. Currently this is a pending debt and of the 3000 commitments assumed before OGP, only 54 belong to the field of infrastructure. Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Mexico, Panama and Uruguay are the Latin American and Caribbean nations that have elaborated goals in relation to this matter. However, the problems persist and the situation of human rights around the megaprojects has been getting worse. In addition, after the Fourth Meeting of the Regional Coalition, it was highlighted that “it is important that the processes for the elaboration of the Work Plans of the Alliance for Open Government of the countries be truly participatory and with ambitious, measurable and relevant “. This is especially important when it comes to achieving the involvement and monitoring of society in public works processes (throughout the project cycle).

In Argentina this reality is replicated. Currently, large infrastructure projects are being developed that have been involved in corruption cases and whose information was not shared with citizens. We can mention among them: the hydroelectric dams in the Province of Santa Cruz and the trunk gas pipelines in the province of Córdoba.

The generalized situation of human rights around infrastructure megaprojects is alarming. There continue to be numerous cases in which nearby communities are harmed by this type of work. Added to this, the killing of environmental defenders has worsened in the last two years. In this context, we adhere to the Lima Declaration and urge Latin American governments to move towards more transparent policies on this issue.

More information

– Declaration of Lima

Author

Agustina Palencia, agustinapalencia@fundeps.org

Contact

Gonzalo Roza gon.roza@fundeps.org

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The hidden deception of the industry behind food labeling

“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 our country, overweight and childhood obesity constitute a public health problem of great magnitude. This was corroborated by the World School Health Survey which showed that in Argentina overweight in adolescents aged 13 to 15 years increased from 24.5% to 28.6% between 2007 and 2012. Likewise, the results of the National Nutrition Survey and Health reported an obesity prevalence of 10.4% in children from 6 months to 6 years of age.

In this context, FUNDEPS participated in an investigation together with the Inter-American Federation of the Argentine Heart (FIC) and the Catholic University of Santa Fe in which the labeling of foods, claims and marketing strategies in various products of our country was analyzed.

After examining 301 products, the research showed that 87% of breakfast cereals, desserts and sweet cookies contain an excessive amount of one or more critical nutrients such as sodium, free sugars or fats. Likewise, 4 out of 10 containers of cereals, desserts and cookies of low nutritional quality use nutrition messages such as “Source of vitamins and minerals” or “50% of recommended daily calcium”.

On the other hand, it was determined that the current regulations related to food labeling and marketing techniques in our country are ineffective in adequately regulating this matter, which leaves an important margin for companies to take advantage of these legal gaps, confusing the consumer and limit in your choices. In this way, the State fails to comply with its obligation to protect the human right to health, which requires preventing the actions of third parties from affecting the possibility that a group of people can effectively exercise their right to health.

This situation demonstrates the need to strengthen the existing regulation and the implementation of effective mechanisms aimed at restricting these deceptive marketing practices and developing a nutritional labeling that provides the necessary information to ensure the right of consumers to clear and truthful information, contributing to the choice of healthier options. In this way, in addition, the State will adequately fulfill its obligations in relation to human rights to health and adequate food.

More information

– Description and analysis of the Argentine regulatory framework and international standards

– Full report

Contact

Slavenska Zec – slavenska.zec@fundeps.org

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We participate in the launch of the National Coalition for the Prevention of Childhood Obesity

“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”

BUENOS AIRES. On Friday, November 24, there is a day for the presentation of the National Coalition for the Prevention of Childhood Obesity; What is sought from this initiative is to decrease the highest rates of this epidemic, based on mutual and collaborative work.

Currently, there are about 41 million children under 5 years of age who are overweight or obese, of which more than 80% live in developing countries. The data available in the Latin American region indicate that, in general terms, 20% to 25% of those under 19 years of age are affected by overweight and obesity. In Argentina, the World School Health Survey conducted in 2012, showed that overweight among students was 28.6% in 2012, being higher among men (35.9% vs. 21.8% women) and with higher prevalence at younger ages.

The event contains instances for intersectoral dialogue in order to discuss the situation of the problem in Argentina, define lines of action and next steps. Representatives of international organizations such as PAHO Argentina, representatives of the governmental sector, and members of the academic and civil society are participating.

In addition, the first consensual document of the Coalition is presented, which deals with policy standards for healthy school environments in Argentina. The same was working in a coordinated manner among the members and its final conclusion is intended, from this day.

Our decision to participate in this network arises with the intention of addressing more effectively an important public health problem. In addition, we believe that it is necessary that these spaces have local data for the purpose of designing policies appropriate to local realities in terms of healthy eating.

Contact

Juan Carballo – juanmcarballo@fundeps.org

Agustina Mozzoni – agustinamozzoni@fundeps.org

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We are part of the Consultative Council of the National Institute of Women

“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 September of this year, after a year of the call to call, organizations that would be part of the CCAH of civil society were announced, whose main function is to advise and recommend courses of action to address the problem of gender violence. . This Council, created by virtue of article 9 of the integral protection law 26.485, is composed of two organizations per province and the Autonomous City of Buenos Aires, with a total of 48.

On October 27, the first meeting of the aforementioned Council took place, in which besides presenting the organizations, the National Plan of Action for the Prevention, Assistance and Eradication of Violence against Women was informed (2017-2019) and about INAM’s plans in terms of design and implementation of policies. Likewise, the functions and regulations that should be dictated by the CCAH were discussed. Among the functions of the organizations, are to participate in the annual meetings and monitor the application of law 26,485 in their respective provinces, to then submit reports that serve as an input to the INAM to promote the application of the law at the federal level.

One of the main points of the agenda was the change suffered by this body, which went from being the National Council for Women, to being the INAM. The authorities that stated, mentioned that the decision regarding this modification addresses the need to give greater hierarchy to public policies of prevention, assistance and eradication of violence against women by having the rank of Secretary within the Ministry of Social Development, the time that the organism is granted greater autonomy.

On the other hand, it was pointed out that in future it is planned to establish provincial delegations, to territorialize INAM policies and facilitate access to procedures in the different Argentine provinces. However, no references were made to how public policies in this matter are going to be mainstreamed towards the other areas of the State, beyond the scope of the Ministry of Social Development.

We welcome the initiative of INAM to comply with the provisions of the law and to consolidate an institutionalized space for civil society to participate in a federal manner in matters of gender violence. The construction and monitoring of public policies for a problem as widespread as gender inequality requires the participation of civil society in all of Argentina, so we hope that we will continue advancing towards the promotion of women’s rights, also assuring budget and the necessary infrastructure so that they work in all the national territory.

We can not fail to mention that the participation of organizations should be reinforced, in addition to the existence of the CCAH. It is necessary to implement mechanisms so that other women’s rights organizations in all provinces can access the participation, which do not meet the formal requirements to belong to the CCAH, but due to their experience and trajectory, they must be considered purposes of the design and implementation of public gender policies in our country.

More information

– Resolution creating the INAM and the CCAH

– Annex of member organizations of the CCAH

Contact

Carolina Tamagnini – carotamagnini@fundeps.org

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The UN urges banks to address attacks on human rights defenders

“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”

 

“Through its financing and technical support, a complex range of public and private institutions continue to be involved in attacks against defenders,” cites the report of the UN Special Rapporteur on the situation of human rights defenders, Michel Forst.

According to Forst, “there is a deep crisis linked to the imposition of development models that seem to favor short-term benefits and commodification on the needs and aspirations of local populations.” The report found that in many cases, violations of rights and conflict stem from the exclusion of potentially affected communities from decisions about their lands and natural resources. “Only by guaranteeing the right of those communities to grant or deny their Free, prior and informed consent, as foreseen in international agreements, can avoid these origins of the conflict.”

The Special Rapporteur’s analysis echoes some of the critical trends and challenges highlighted in a brief submittedby the Coalition for Human Rights in Development in response to the Special Rapporteur’s call for the report. These include the growing role of the private sector in development, the lack of due diligence on human rights by development banks, the increasing use of financial intermediaries and the poor execution of consultation and consent processes.

The report of the Special Rapporteur highlights the “urgency” for development banks and other investors to use due diligence on human rights issues to identify potential risks for defenders and identify mitigation measures before making investment decisions. Taking into account the commitments of the States in matters of sustainable development, the Rapporteur stressed that “now is the time to ‘lead by example’ and ensure that no one can be killed or threatened for the mere fact of defending human rights.”

The report recommends several concrete policies and practices that development banks and other investors should adopt to safeguard defenders:

– Conduct ex ante impact assessments on the enabling environment for human rights and fundamental freedoms in host countries, as well as on the risks of projects for human rights defenders.

– Conduct on-site monitoring with human rights experience for all projects;

Use contractual provisions to require clients to ensure that defenders can publicly and securely disclose their claims;

– Demand accessible and independent complaints mechanisms with experience in human rights;

– Monitor projects closely for reprisals and, if they do occur, respond promptly and publicly, including exercising influence over governments to investigate and hold accountable those who use force against protesters or threaten critics of projects;

– Disclose all final users of loans from financial intermediaries and ensure compliance with safeguards and human rights;

– Retain investments where impact evaluations reveal serious threats to civil liberties and to defenders.

The Special Rapporteur’s findings echo many of the priorities and recommendations of the Defenders in Development campaign led by the Coalition along with civil society groups from around the world. The campaign is working to ensure that development activities respect human rights, that development funders promote an environment conducive to public participation, and that defenders can defend their rights and hold development actors accountable. fear.

Source: Coalición para los Derechos Humanos en el Desarrollo

source of the image: Accountability Counsel

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Claim for the designation of the Ombudsman: citizen participation is very important

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

 

In the absence of answers, the claim was brought to the Inter-American Commission on Human Rights and to the Human Rights Committee of the United Nations, and both agencies urged the Argentine State to appoint the Ombudsman promptly. It should be noted that it is a key institution for the defense of human rights.

In accordance with the principles of the inter-American human rights system, States undertake to adopt legislative or other measures that are necessary to give effect to the rights and freedoms recognized in the American Convention on Human Rights. Among the measures mentioned, there are those tending to effect the establishment and regular operation of the Ombudsman’s Office.

The Ombudsman has basically two functions: 1) Defense and protection of the rights of the people before acts or omissions of the public administration; and 2) Control of the exercise of public administrative functions. However, this definition of the Defender may become limited since it does not contemplate its more procedural and human dimension: the idea and aspiration to create an entity capable of being receptive to the needs of the population. The Ombudsman’s Office plays a fundamental role not only in the protection of human rights and control of the exercise of public functions, but also as a key institution in direct communication between the State and individuals.

During the month of August 2017, 55 civil society organizations again called for the end of this situation and the designation of the Ombudsman. The complaint also included a proposal for the appointment that included both legal and constitutional requirements, as well as suggestions for the selection process. It was requested that the necessary measures be adopted so that the Bicameral Ombudsman’s Commission immediately begins the appointment procedure, which ensures 1) transparency and citizen participation in the process and 2) the suitability of the candidates.

The selection process of the Defender must follow rigorous criteria that guarantee the moral suitability and technical suitability. The moral suitability in this case not only refers to the absence of disciplinary offenses or conduct contrary to public ethics; but it refers to the need to prove a true commitment to human rights. The technical suitability, on the other hand, has to do essentially with the knowledge about the problems of Human Rights and the means to remedy them.

Another point to highlight in how the designation of the Ombudsman should be carried out, has to do with the independence of criteria. The CN in its article 86 emphasizes the autonomous character of the figure of the Defender and the independence of criteria. This refers to the non-partisanship of the figure and the absence of economic ties or interest that may interfere with the activities of the Ombudsman.

These selection criteria must be accompanied by a transparent and participatory procedure governed by publicity and openness in all stages of the process. The presentation made by the civil society detailed the proposal for the implementation of a selection process that should include: 1) Proposal of the candidates, 2) Publication of background, 3) Observations, challenges and questions, 4) Written responses from the candidates , 5) Public hearing before the bicameral commission, 6) Observations, 7) Decision of the bicameral commission.

This organ since 2009 lacks real leadership and since then it is operating under interim mandates because Congress has not yet agreed on the appointment of a director. Since 2015, undersecretary-general Juan José Böckel has been in charge of this unit, a man who answers the former intervener of that entity, the deputy governor of Jujuy, Carlos Haquim. Currently, the Ombudsman’s Office has been immersed in corruption cases after anonymous reports of irregularities in the organization.

According to reports, on Wednesday, November 8, the Bicameral Commission of the Ombudsman would sign the proposal of three candidates to the Ombudsman, with a view to having the Chambers designate it before the end of the year. This has been done without convoking the civil society and if this agreement were reached without the participation of the citizens in the formation of the shortlist, it will affect the proper institutional functioning of the Ombudsman, once their new holder is designated. .

The importance of the prompt designation of the Ombudsman is that it is one of the agencies in charge of the horizontal control of the State (called Horizontal Accountability). It is about the control exercised by the same institutions over the acts and / or omissions emanating from the State. In this sense, it is essential that the mechanisms that guarantee horizontal accountability work correctly. We join the claim of civil society for the prompt appointment of the Ombudsman.

More information

– Without citizen participation, the Ombudsman will not be for the People

– 55 organizations ask Congress for the designation of the Ombudsman

– Contributions for the regulation of the nomination process of the nation’s Ombudsman

Contact

agustinapalencia@fundeps.org

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Complaint for illegal environmental activities in Alta Gracia

“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”

 

Last Thursday, October 19, we made a presentation to the Environmental Police Department denouncing alleged illegal activities developed in the Potrerillo de Larreta Country Club located in the city of Alta Gracia. Apparently, during the last weeks of September and the first weeks of October, large-scale geomorphological injury actions were carried out in the country inn sector in the “Los Paredones” stream; consisting of dredging, deepening and expansion of the reservoir in order to increase the exploitation of the water of the stream by the Country.

They signify a clear violation of the provincial environmental policy law, since in order to carry out this type of works it is necessary to previously complete the Environmental Impact Assessment (EIA) process, foreseen in Annex I, subsection 31 of Law 10.208 , which includes the holding of public hearings prior to the granting of the corresponding environmental license, a procedure that has not been completed in this case.

It is worth remembering that since 2012 the Potrerillo de Larreta Country Club has been involved in a judicial process against the province of Córdoba, for the enclosure of almost 4 km of the same stream restricting free transit to third parties and the use of it by the entire community, mainly alleging security reasons. In this instance, together with the collective “Todos por Nuestros Arroyos” we present an Amicus Curiae invoking the character of public good of the stream and the illegitimacy of the fences, finding the next cause to issue a sentence.

Without prejudice to this, the illicit actions continue and are part of a long-standing problem in Alta Gracia that involves particular interests to the detriment of the fundamental rights of all inhabitants. The enclosure of rivers, streams and lakes of provincial dominion by the owners of the estates adjacent to them, constitutes a clear illegitimate act that violates, among others, the right to free transit, the use, enjoyment and use of public domain waters and the constitutionally recognized human right of access to water.

From FUNDEPS we made this presentation hoping to contribute to an adequate protection of the environment as a collective good and to guarantee the respect of rights of collective incidence over individual rights.

More information

Presentation to protect the environment against individual interests in Alta Gracia | FUNDEPS

Author

Noelia Salvia

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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Cutting resources to combat gender violence

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

 

At the beginning of this year, the cut for the budget aimed at eradicating gender violence in our country was evident, which was later clarified by the authorities of the National Women’s Council (current National Institute of Women) , recomposing such “error”. This movement aroused an alert to the organizations for the serious lack of transparency and clarity on the management of the public funds that would go to the Council.

In this context, it is worth noting that our country has signed and ratified a series of international agreements and treaties relating to human rights for gender equality (the International Convention on the Elimination of All Forms of Discrimination against Women and the Inter-American Convention on the Prevention of All Forms of Discrimination against Women , Sanctions and Eradication of Violence against Women), which oblige the State to develop public policies with the maximum resources required, mainly technical and economic, to guarantee the exercise of rights by women on equal terms with men.

Ignoring these commitments, in September of this year the budget for 2018 was presented, from which a number of civil society organizations (ELA, ACIJ, CAREF, FEIM, MEI and the Siglo 21 Foundation) once again alerted a reduction in the budget allocated to INAM, the main body of application of Law No. 26,485 on Comprehensive Protection for Women, and the lack of clarity and disaggregation of the budget directed at other programs to eradicate violence against women. The difference is 17% less than the current year, taking into account only the official inflation forecasts for the coming year.

The budget gap is more significant if one takes into account that the creation of INAM was established in order to give greater economic autonomy and institutional hierarchy to the body that regulates gender equality policies.

The budget forecast for next year is alarming, especially if we consider that in our country women receive a lower wage of up to 27% less than their male counterparts for the same work performed and are the most likely to work in precarious conditions, the figures of femicides amount to one every 18 hours, that the symbolic and media violence is reproduced through the media by the crisis of the institutions created for its monitoring and eradication.

We note that the budget cut and the absence of a clear picture of the resources that will be allocated to public policies aimed at promoting gender equality in various areas, jeopardize all the positive measures and actions that are being developed in this area. sense and backtrack with the national and international commitments made.

We add that the lack of disaggregation and budget specification towards gender policies shows serious difficulties in addressing the need to incorporate the gender perspective in matters related to the resources allocated, and also prevent their monitoring and monitoring in order to guarantee their fulfillment. In this sense, the State’s action is questionable, since, if it has committed itself to fight against gender-based violence, the measures and the budget approach for this purpose should not reproduce inequalities and violence against women.

The invisibilization and lack of clarity on the budget lines destined to most of the most important programs to guarantee the equality of opportunities and to combat the macho violence (except for some exceptions like the Program of Integral Sexual Education and the Victims against the Violence among others) , create a gray space that would allow the state to shape and alter public funds in favor of interests and contingent needs that could affect the survival and effectiveness of public policies to ensure gender equality.

That is why, once again, we adhere to the demand of civil society organizations against the budget reduction and in favor of transparency and specification regarding State funds allocated to public policies aimed at eradicating the violence that relapses in an insistent and relentless about so many women.

Contact

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

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32nd National Meeting of Women: a movement that resists

“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”

 

More than 50,000 women gathered for another year to share experiences, update debates, express feelings and define policies that meet their needs, betting on collective work to advance the fight. Women approached from different parts of the country, but it is worth noting the presence of women from El Impenetrable Chaqueño, who made the difference in their first participation in an ENM.

The meeting was marked by a variety of workshops, including women and feminisms, sexual and reproductive rights, femicides, indigenous peoples, among others. Two new themes were added this year: “Women and Culture of Rape”, which developed the role of the media in the construction of the victim and the victimizer, institutional violence, sexual, affective and relational consent, among other axes . Also added “Activism Gordx”, workshop that dealt with the hegemonic medical model, cultural stigmatization of fat bodies and new forms of politicization. At the same time, women were able to enjoy numerous cultural activities, with 25 de Mayo Square being the epicenter of talks, handicrafts, music and mates “encounters”.

On Sunday, at 6:00 p.m., a multitudinous march was conducted that covered more than 35 blocks on the way to the Democracy Park, with the presence of women belonging to different social, political, trade union, civic organizations, indigenous communities, and so on. The march culminated with a great rock to the rhythm of good music, dance and several meals.

We can not fail to mention the lamentable assaults that were suffered by several women who attended the ENM on Monday by a group of people who, shouting “let them all go”, threw stones at them, chased them on motorcycles, hit with sticks, and threatened, corralated and intimidated violently. Once again, intolerance and violence played a part in the NME. We repudiate this episode of this anti-rights sector, which, far from respecting freedom of expression and democracy, once again tarnished an MNA. It is also worth noting that, unlike the previous ENM, the security forces did not repress and acted with respect for the rights of the attendees, safeguarding the security of the meeting.

We celebrate these 32 years of struggle that will not stop and we will meet again next year in Puerto Madryn, Chubut, headquarters of the 33rd ENM.

Sources

Incidents in the march of repudiation to the meeting of women | TN24

Violent demonstration of Resistance against the women of the Meeting | El Diario de la Región

Author

 Mariana Cabanillas

Contact

Virginia Pedraza, vir.pedraza@fundeps.org

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Moving towards a binding treaty on transnational corporations and human rights

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The idea of ​​moving forward in an international instrument that responds to the regulatory challenges generated by the actions of international companies is taking on a new impetus in 2013, based on the initiative of a group of countries from Latin America, Asia and Africa. From the identification of numerous cases of human rights violations by transnational corporations, it was decided to create a space that would allow the debate on the creation of a legally binding instrument. The statement made at that time highlighted that:

The growing number of cases of human rights abuses and violations committed by transnational corporations remind us of the need to move towards a legally binding framework to regulate the work of transnational corporations and to provide adequate protection, justice and reparations to victims of transnational corporations. abuses against human rights, related to the activities of certain transnational corporations and other enterprises.

So far, the legal framework regulating the activities of international companies has been summarized in non-binding instruments and mechanisms: among them the UN Guiding Principles on Business and Human Rights, the OECD Guidelines and the UN Working Group on companies and human rights. Such instruments have limited powers to monitor companies’ compliance with the Principles and only provide a partial response to urgent issues related to human rights abuses by transnational corporations. These principles and mechanisms do not adequately respond to the regulatory challenges of actors such as international companies. In addition, they fail to secure access to justice in the face of actions by transnational corporations that have an impact on human rights or to ensure adequate reparations for victims.
Resolution 26/9, established by the United Nations Human Rights Council on 26 June 2014, created the Working Group mandated “to develop a legally binding instrument to regulate the activities of transnational corporations and other enterprises in international human rights law“.
An international legally binding instrument, adopted within the United Nations system, would make clear the obligations of transnational corporations, both in the field of human rights and in the face of States. It would also allow for fair reparations for victims in cases where it is clearly impossible to effectively prosecute companies with domestic legislation.

Meetings were held in the years following the formation of the intergovernmental group (2015 and 2016) to further advance the treaty negotiations. In 2017, the third session of the group was held, seeking to outline a possible textof the legally binding instrument.

During the course of the first two sessions both civil society organizations and participating States stressed that:

– The Guiding Principles on Business and Human Rights did not address the core of the debate on maximum protection of human rights and access to justice and redress.

– Any binding instrument should clearly establish the obligation of transnational corporations to respect environmental, health and labor standards and international humanitarian law.

– The gender perspective was requested to be incorporated into the instrument, as human rights violations committed by transnational corporations could accentuate previous inequalities and have negative gender consequences.

– It was noted that the working group process was related to the implementation of Agenda 2030 for Sustainable Development.

– International financial institutions could also be included in the scope of the instrument, which would be consistent with international law.

– The size of the companies to which the treaty should apply was discussed, taking into account the activities of all companies, but focusing on transnational corporations.

– NGOs agreed to recognize the principle of human rights hierarchy in other areas of international law, in particular the rules on trade and investment protection.

For the 2017 session civil society has sought to achieve greater commitment on the road to the creation of the treaty. Numerous organizations and social movements are driving the generation of this instrument to finally achieve better levels of accountability on the part of transnational corporations. Groups such as Stop Corporate Impunity and Treaty Movement have been involved in trying to incorporate the vision of civil society organizations into the text of the treaty. In addition, the G77 + China Group, in its Ministerial Declaration of 2017, emphasized the importance and acceptance of a binding treaty; and urged Member States to participate in the third session to be held in Geneva.

In contrast, the International Business Community has emphasized that the elements to be included in the treaty proposed by the Intergovernmental Group represent a ‘setback on the commitments assumed from the Guiding Principles’. In this regard, it was emphasized that the almost exclusive approach in transnational corporations does not take into account the serious human rights violations caused by the actions of national companies. Likewise, it stresses that the creation of a legally binding instrument removes the power of States, and even underestimates them, when enforcing the current regulations. In addition, the need to strengthen state institutions is emphasized rather than embarking on the creation of such an instrument.

Since the creation of the Intergovernmental Working Group, the debate has focused on the need to define the approach of the treaty. Civil society has stressed the urgent need to involve transnational corporations, while the corporate community and the states of the European Union plus the United States have rejected this perspective.

The role of Argentina in the face of the discussion

Argentina’s position on this issue has not been entirely clear. During the management of Cristina Fernandez, the decision was to abstain in the vote to try to create the binding instrument. However, under the management of Mauricio Macri, there was no formalisation of a position. However, following a request for access to information to the Ministry of RREE and Worship, a response was received which showed that the Argentine Republic shares the growing interest of the international community in linking corporate responsibility with respect to human rights. In the same way, it maintains an active commitment with the initiatives aimed at raising the standards in this matter.

In this sense, it should be mentioned that it seems that Argentina is positively inclined towards this initiative. It is also worth noting that in the middle of this year a first version of a National Action Plan for the application of the Guiding Principles on Human Rights and Business was presented.

During the remaining days of the third session, the debate will continue on the generation of a binding instrument and we hope that the result will be a substantive advance regarding the obligations of companies to respect and guarantee human rights. Likewise, we hope that Argentina will assume a position of support for this initiative and that in that process it will allow the participation of civil society organizations and in particular of communities that have been impacted by the actions of transnational corporations.

Author

Agustina Palencia, agustinapalencia@fundeps.org 

Contact

Juan Carballo, juanmcarballo@fundeps.org