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We claim the right to protest and demand: enough repression

After the publication in the Official Gazette of the Nation of Decree of Necessity and Urgency 70/2023, which was widely questioned by civil society for favoring large global corporations and lacking the urgency that would justify its adoption, thousands of protesters gathered. They gathered in different parts of the country to express their repudiation.

“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 city of Córdoba, the call took place in the Patio Olmos, where hundreds of people gathered around 9 p.m. and blocked the road on Vélez Sarsfield Avenue in a peaceful demonstration. Around 10 p.m., the Córdoba Police confronted the gathered people and fired pepper spray and rubber bullets to clear the protest, taking 5 protesters into custody.

As a human rights organization, we maintain that the right to petition authorities, freedom of expression and the right to protest play a key role in developing and strengthening democratic systems. They are protected by our Constitution and by various international instruments.

Social protest must be managed democratically and not criminalized or repressed. Public powers must respect international standards related to social protest and the obligations that must guide the state response.

For this reason, we demand that local authorities take the necessary measures to adequately address social conflict, in compliance with constitutional guarantees and human rights. We also demand the immediate release of those detained.

The people have the right to express themselves and take to the streets to fight. Enough repressing. Enough chasing.

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Representatives of civil society meet with president of the IDB

Representatives of civil society meet with the president of the IDB to address challenges for sustainable and inclusive development in Latin America. At the meeting, recommendations were presented to the bank to strengthen the promotion of sustainable development in the region.

“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”.

25 civil society organizations from Latin America that are part of the IDB Working Group, among them Fundeps, met on Friday, November 10, with the president of the Inter-American Development Bank (IDB) Ilan Goldfajn, with the purpose of strengthening dialogue and identify opportunities to bring the institution closer to the populations of the region it tries to serve.

The representatives of civil society presented to President Goldfajn recommendations to strengthen the link with civil society and communities impacted by IDB projects and recommendations to consider in the IDB’s 2023-2030 Institutional Strategy, which is in the process of being prepared. President Goldfajn then opened the floor to listen to specific topics of interest from different member organizations of the group.

The IDB Working Group described the meeting as a positive sign from the bank’s new administration, in the sense of an openness and willingness to strengthen dialogue with civil society. The meeting with President Goldfajn follows a previous meeting that took place during the 2023 IDB Annual Meeting held in March in Panama, and a meeting with the IDB Country Vice President, Anabel González, during the Common Finance Summit that took place in last September in Cartagena de Indias, Colombia.

“These spaces for dialogue represent a sign of the bank’s rapprochement with civil society”, said Carolina Juaneda, from the Bank Information Center, coordinator of the Working Group on the IDB. According to Ivahanna Larrosa, regional coordinator of the Coalition for Human Rights in Development, “the general perception is that it was a good meeting to present our messages and move forward in improving the bank’s dialogue with civil society.”

Civil society representatives pointed out that the IDB Group’s 2023-2030 Institutional Strategy must promote a fair, community-based energy transition that puts people and the environment at the center. Other recommendations of the Working Group were that the bank: comply with the highest environmental and social standards and respect for human rights in its activities and the projects it finances, prioritizing and strengthening the implementation of the Environmental and Social Policy Framework (MPAS), and improving upstream planning to identify suitable projects; prioritizing quality investments, redoubling the principles of good governance, especially transparency, access to information, participation and accountability; strengthen your commitment to the impacted communities, guaranteeing comprehensive reparation to people; ensure a responsible exit from unsustainable projects and operationalize the commitment not to tolerate retaliation.

Civil society organizations seek substantive participation in the IDB Group Annual Meetings that will be held in March 2024 in the Dominican Republic. The opening of President Goldfajn and his team to work towards greater interaction of organizations and communities in the region, with the Bank’s administration and teams, is celebrated.

About the IDB Working Group

The IDB Working Group is a group of more than 60 civil society organizations, both from the region and internationally, that influence the IDB Group, promoting the highest environmental, social and human rights standards. supporting communities adversely impacted by projects financed by the bank. Some of its members have been working for three decades to strengthen the IDB’s processes of participation, transparency, access to information and respect for human rights.

 

More Information

 

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Two OTP opinions and the Supreme Court’s responsibility to act according to law

Two opinions of the Attorney General’s Office of the Nation admit the legitimisation of two groups representing the ‘collective of unborn persons’, against the Constitution, national laws and Court rulings. However, they pave the way for the courts to attack the right to termination of pregnancy. Joint press release.

During the last week, Laura M. Monti, Deputy Attorney General of the Attorney General’s Office, signed two opinions in the same vein. In them, she recognises the legal standing of a group of citizens and a civil association to represent the so-called ‘unborn persons’ before the judiciary. This is an interpretation that is not supported by jurisprudence: no court has ever recognised in a final judgement the possibility of collective representation of ‘unborn persons’.

Monti issued these rulings in two cases: one led by Cristina Fiore Viñuales and the other by the organisation Portal de Belén, both initiated to question the constitutionality of the Law on the Voluntary Interruption of Pregnancy. In both cases, although it claims to follow the law, it departs from the jurisprudence of the Supreme Court of Justice of the Nation on collective representation. Also in both cases, the petitioners seek to turn what is in fact a general disagreement with the law into a ‘case’ (to be discussed in the courts).

Monti relied on art. 1 of Law 26.061 on the Integral Protection of Children to sustain standing. In this way, he distorted the meaning of the law and devised a sort of ‘popular action’ that would allow any citizen to bring an action outside of a specific case. Not only that, but it also equated ‘unborn persons’ with children and adolescents.

At the same time, in its rulings it decided not to take into account the requirements of article 116 of the National Constitution, the National Code of Civil and Commercial Procedure and the Court’s decisions and jurisprudence on collective proceedings, creating a situation of legal uncertainty. To name a precedent: in the Halabi case, cited by the Attorney General herself, it is established that the existence of a case must be proven in order to grant collective standing. In neither case, neither Fiore Viñuales nor Portal de Belén, is there a ‘case’; in other words, Monti should have denied standing outright.

Why this step by the public prosecutor is serious: because it allows a group of citizens to challenge a law voted for by all political forces through a lawsuit without proving that there is a right or concrete damage affected and, in the same action, to attribute to it a collective representation that does not exist in the Argentine legal system. The democratic debate has already taken place in Congress and has drawn a line for a basic social agreement on the right to health and life, through the decriminalisation and legalisation of abortion.

The files had been awaiting an opinion for a year and a half, but they were issued two days after Dr. Rodolfo Barra was appointed National Treasury Attorney, even though he was still acting as a legal advisor in the ‘Fiore Viñuales’ case.

Dr. Barra, in his capacity as newly appointed Treasury Attorney, has a conflict of interest, according to the public ethics law, which makes him incompatible with the defence of Law 27.610. Therefore, he should be excused from intervening in the cases against the Law on the Voluntary Interruption of Pregnancy and in all matters related to the right to abortion. In this regard, we filed a complaint with the National Treasury Attorney’s Office and informed the Anti-Corruption Office, as it is the authority responsible for applying the public ethics law.

Since 2021, of the total number of legal actions brought against the law, 34 have been rejected by courts in different jurisdictions across the country. Only 3 reached the Court, but not to decide on their constitutionality, but to determine whether those who brought these actions have standing to do so and to represent the collective of ‘unborn persons’.

The opinions of the Attorney General’s Office are not binding for the Court, which can define the applicable legal criteria without taking into account these recommendations. Therefore, the Court now has the responsibility to reposition class actions for the purposes for which they were created, to prevent them from being conceptually forced and to avoid violating due process guarantees. This is their chance to stop the unfounded litigation against an existing and key law for millions of women, girls and persons capable of bearing children.

  • Amnistía Internacional Argentina
  • Equipo Latinoamericano de Justicia y Género (ELA)
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación para el Desarrollo de Políticas Sustentables (Fundeps)
  • Fundación Mujeres x Mujeres
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Care as an autonomous human right: contributions for its interpretation

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

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

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

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

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

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

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

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

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

 

See Amicus Curiae

See Amicus Curiae – Red DESC

See Amicus Curiae – CLACAI

 

Author

Carola Bertona

Contacto

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

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

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

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

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

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

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

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

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

Marcos Juárez: what happens with pesticides?

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

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

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

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

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

The Environmental Protection Action

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

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

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

 

Authors:

Katen Moldes and María Laura Carrizo

Contact:

María Laura Carrizo, lauracarrizo@fundeps.org

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Diploma in Feminist Strategic Litigation launched

Amnesty International, ELA – Latin American Team for Justice and Gender, Fundeps and the O’Neill Institute for National and Global Health Law (Georgetown University) announce the launch of a new training course for lawyers in Argentina that brings together renowned faculty from throughout the region.

The proposal is aimed at legal professionals who wish to be trained in feminist strategic litigation strategies on sexual and reproductive rights in order to develop as leaders in their communities and environments. The Center for Legal and Social Studies (CELS) and the MxM Foundation support the initiative.

The Diploma will be free of charge and will be developed virtually between March and October 2024 through synchronous meetings and will culminate with a practical and face-to-face litigation experience in the Autonomous City of Buenos Aires, for which scholarships will be granted.

In addition, those students who have obtained a certificate of approval will be able to apply for a legal internship in the organizations coordinating the Diploma, so that they can apply the knowledge, skills and tools they have acquired.

Registration in this form

Brochure – information about the schedule, modules and teachers.

For more information: diplomaturalitigiofeminista@gmail.com

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We accompany La Casita Trans in a lawsuit for discriminatory content

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

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

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

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

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

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

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

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

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

See Amicus curiae

 

Autora

Luz Baretta

Contacto

Mayca Balaguer, maycabalaguer@fundeps.org

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The Way of the Vote

A few days before the elections this Sunday, November 19, a new controversy has entered the public agenda: one of the parties competing in the runoff decided to deliver fewer ballots to the Electoral Justice to be distributed at the polling stations, alleging the fear that the ballots would disappear and citizens would not be able to exercise their right to vote. However, this claim has several inconsistencies.

The political parties are responsible for the printing of the ballots and their distribution, for which the State grants them the necessary funds to do so. For these elections, the National Electoral Directorate valued each ballot at $2.92, granting each party the equivalent of 2 and a half padrones. This means that 2 and a half ballots per party are printed for each voter.

For example, only for the category of presidency and vice-presidency in the PASO 2023, each party was granted a little more than 103 million pesos to be used exclusively for the printing of ballots. Although the parties may decide to print fewer ballots than those established by the Law, if they do so, they are obliged to return the unearned amount.

The parties may choose to distribute the ballots on their own or give them to the Electoral Board to take them to the voting centers, distributing bundles of 350 ballots for each table plus 2 extra bundles for contingencies, or four more if the center has more than 9 tables.

Even if the Electoral Justice were given a bundle of 350 ballots per table -which would be enough to cover all the people who are going to vote-, the party would retain a total of one and a half ballot lists to dispose of freely, either by distributing them the days prior to the election or by using them as contingency ballots during the electoral process, with which not only would there be no lack of ballots, but there would be ballots left over.

The problem lies elsewhere. The system ensures that each voter has his or her party ballot available to vote, but why would the parties not deliver the necessary ballots to the electoral authorities? Wouldn’t this be a waste of resources and, above all, a possible “black box”? According to an investigation by El Ruido and Connectas, in this year’s PASO only one list out of the 1,818 that ran for election returned the surplus of unprinted ballots. Moreover, 8 billion pesos went to ballots of parties that did not exceed 1.5% of the votes.

It is because of things like these that many organizations have been asking, for a long time, for a Single Paper Ballot system. But it is also true that the current procedure is reliable and has so far reflected the will of the electorate, and there is not a single indication of fraud. In fact, sometimes there are those who prefer to raise the specter of fraud rather than accept that they were not an option for the citizens.

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Public Budget in Córdoba: reflections on the Public Hearing

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

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

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

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

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

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

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

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

More information

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

Related notes Public budget:

Contact

Victoria Sibilla, ninasibilla@fundeps.org

Ícono de validado por la comunidad
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Democracy is improved with more democracy

Democracy is much more than going to vote and electing authorities periodically. It is collectively building a society and a political system based on respect for diversity, without violence, where it is recognized that the path to development goes hand in hand with the defense of democratic institutions. In these elections, let us keep in mind 40 years of learning as a society. Let us not throw away the democracy we have achieved.

In these 40 years, we have learned to respect differences, to value the plurality of voices, to prefer dialogue to violence. The democratic pact was synthesized in the Nunca Más (Never Again), and from there -with difficulties and many pending issues- we have advanced in more rights for more people. This society voted in 30 elections that reliably reflect the will of the electorate. It is an electoral system we can trust.

Today, the undersigned civil society organizations see with concern how the electoral contest is taking place in the midst of proposals and speeches of hate and political violence, offensive and discriminatory.

These speeches are unacceptable and encourage us to move away from the democratic pact that we have worked so hard to uphold. The idea, which we thought was outdated, that a political adversary is an enemy takes us back to our worst times and can only bring chaos and violence to our daily lives.

There is no doubt that Argentina’s democracy has debts. Therefore, our new democratic pact, the one for the next 40 years, must incorporate bases for development and, in addition, promote practices that bring public institutions closer to citizens in order to improve the lives of all. Democracy is improved with more democracy.

  • Abogadas y abogados del Noroeste Argentino en Derechos Humanos y Estudios Sociales (Andhes)
  • Amnistía Internacional Argentina
  • ARDA (Asociación de Reducción de Daños de Argentina) 
  • Asociación Conciencia
  • Asociación Pensamiento Penal
  • CAREF
  • Centro de Estudios Legales y Sociales (CELS)
  • Centro de Implementación de Políticas Públicas para la Equidad y el Crecimiento (Cippec)
  • Democracia en Red
  • Equipo Latinoamericano de Justicia y Género (ELA)
  • Escuela de fiscales
  • Fundación Ambiente y Recursos Naturales (FARN)
  • Fundación Cambio Democrático
  • Fundación Endeavor Argentina
  • Fundación Huésped
  • Fundar
  • Fundeps
  • Greenpeace Argentina
  • INECIP
  • Intercambios
  • Nuestra Mendoza
  • Poder Ciudadano
  • Proyecto Educar 2050
  • RACI
  • Red por los Derechos de las Personas con Discapacidad (REDI)
  • Reset, políticas de drogas y Derechos Humanos
  • Salta Transparente
  • Xumek Mendoza
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The Asian Bank approved its first infrastructure project in Argentina

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

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

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

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

First AIIB project in Argentina

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

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

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

Author

Candela Jauregui

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Labeling law: Córdoba can move towards the best standard

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

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

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

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

The bill in Córdoba

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

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

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

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

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

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

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

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

Access the bill

Author

María Laura Fons

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org