Concern over a Supreme Court decision that weakens human rights treaties in Argentina

A recent decision from the highest tribunal of Argentina finds that it is not mandated to change its decisions, even when these decisions were found to be violations human rights by the Inter-American Court of Human Rights.

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

 

On February 14, 2017, the Argentine Supreme Court rejected the presentation of the Directorate of Human Rights of the Ministry of Foreign Affairs and Worship, which requested that, as a result of the ruling of the Inter-American Court in the case “Fontevecchia et al. C / Argentine Republic, “a final judgment of the Supreme Court would be rendered null and void. The Inter-American Court of Human Rights had established that the Argentine Supreme Court should annul a civil conviction against two journalists that was understood as a violation of freedom of expression.

The new jurisprudence of the Supreme Court represents a disturbing change in the sustained jurisprudence that had allowed to position the Argentine right in a place of vanguard at regional level with respect to the scope and normative value of the international human rights treaties. According to the new criterion, the Inter-American Court of Human Rights has no jurisdiction to order review of Supreme Court rulings that violate human rights.

This is a serious setback in human rights, which weakens the value of the inter-American system of protection and places the Supreme Court practically outside the state structure, without the possibility of its decisions being reviewed in that supranational instance. In this way, the Supreme Court states that its decisions would be the only state acts unrelated to the control of human rights tribunals, further limiting their accountability.

This Supreme Court jurisprudential change confirms the fears expressed by many organizations, academics and human rights experts, including FUNDEPS, when a little more than a year ago we objected to the nominations of Drs. Rosenkrantz and Rossatti. Some of the criticisms we made at that time pointed to their doctrinal positions contrary to the full validity of international human rights treaties.

In short, we reject the criterion of our highest court and hope that it will be modified to avoid weakening the system of protection of human rights in our country.

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Juan Carballo, Executive Director

Conflicts over an IADB funded project for an environmental center in Carlos Paz

Neighbors requested the closure of the current open dump and expressed their opposition to the development of the environmental center in Carlos Paz, which has funding from the Inter-American Development Bank.

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

 

On Sunday, January 29, a local autoconvocatoria took place in the square of Villa San Nicolás (Malagueño), with the objective of informing and organizing itself with regard to the problem that generates in the whole area the presence of the open dump administered by the municipality of Villa Carlos Paz in the property located to the side of the motorway to Cordoba. The neighbors formed an inter-district commission that will work to elaborate the “action plan” that will define the following steps.

Through a statement, neighbors said they will request the closure of the current landfill at the time they anticipated that they disagree with the construction of the Villa Carlos Paz Environmental Center in the sector. This work is financed by the Inter-American Development Bank (IDB) through the Comprehensive Urban Solid Waste Management Program-AR-L1151.

The meeting came after a week in which the wind moved home smoke from the fire in the landfill that the city has on the side of the highway Justiniano Allende Posse, less than 1 km from the entrance to the neighborhood of Villa San Nicolás. “Only now is awareness. The smoke awoke us all and triggered the protest”, said Lucas Bettiol, a neighbor of San Nicolás, in reference to the fire that was unleashed in the landfill and warned that,“we did not know until last week that they wanted to make an Environmental Center in the same place”. They also stated: “Far from remedying the damage generated by the open dump, pollution levels will increase due to the installation of a new landfill that represents five times the size of the current landfill”.

The neighbors expressed an explicit and emphatic rejection of both the current landfill and the establishment of the Villa Carlos Paz Environmental Center. In this sense ensure that if this proposal materializes “the environment will be even more damaged, the quality of air will decrease and groundwater and surface water will be contaminated, being that in the area all neighborhoods consume well water.” Warned about the progress of the Environmental Center project, Bettiol said:
“… it will be a fight similar to what happened with Monsanto (Malvinas Argentinas), or the dumps of Bouwer and Santa Ana neighborhood … We know that it is approved but we have the antecedent of Monsanto that was managed to stop and we hope To be able to stop this. The authorities are not dimensioning the environmental or social impact (…) The population of San Nicolás was not included in the Environmental Impact Study and we are less than 1 km. TierrAlta is closer. The authorities of Carlos Paz and Malagueño minimize what is happening in the landfill “

In April last year the environmental public hearing took place, in August the Ministry of Tourism carried out the national public bidding process and in November the bids for international public bidding were opened. The works are expected to begin in the middle of this year.

In view of the possible environmental and social impacts, compliance with provincial, national and IDB operational policies must be complied with.

In the statement, they affirm that they have not been considered in the environmental impact assessment process of the IDB-financed project and that, far from remedying the damage currently generated by the open pit, the levels of pollution will increase. They demand that the municipality of Malagueño be present and that Carlos Paz recognizes the violation of his rights. They also ask the province of Córdoba to act in the prevention of damage and demand the immediate repair of the damage done in the area.

The autoconvocados neighbors of San Nicolás, TierrAlta, Mariano Moreno, La Arbolada, Lote Joven, Valle del Golf, Causana and the districts Carlospacenses Costa Azul North and South requested a public study of the quality of the air, the soil and the underground beds.

From FUNDEPS we are following this process to ensure that human rights and the environment are respected. The location of the Villa Carlos Paz Environmental Center next to the La Calera Defense Nature Reserve, and meters away from San Roque Lake in areas that may have a higher propensity to seep or leach into the water, is questionable.

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Gonzalo Roza / Coordinator of the Global Governance Area

gon.roza@fundeps.org

The Nation questions the updating of the forest regulations

In the context of the discussion on how to update the provincial legal framework to protect the native forests of Cordoba, the National Forest Direction states that more information is needed, including a map and technical reports. At the same time, the National Direction affirms that the provincial process must assure mechanisms for substantive participation.

“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 Ministry of Environment and Sustainable Development of the Nation, through the Directorate of Forests, made known its considerations in relation to the process of updating the territorial order of native forests that faces the province of Cordoba, in response to a request made Córdoba Environmental Forum, by means of note dated 01/27/2017.

– Expressed its concern about the failure of the province of Cordoba to comply with the deadlines set for the update. In this regard, he recalled that he had already requested the delivery of progress regarding the upgrade process. In the communications with the provincial government, he communicated the guidelines and the vision to take into account the adjustment procedures and the accreditation of the updating of the OTBN (according to notes sent on 2/23/16 and 4/6/2016).

– Reported that in August 2016, the local enforcement authority shared informally a first update project. The National Directorate detected significant changes to the first provincial OTBN plan, and highlighted two points: “an increase in the area of ​​declared forest and an important passage from native forests from Category I (red) to Category II (yellow)”.

– Checked the exchange of progress on the updating and existence of opposing positions of various actors, according to their participation in the meetings of the inter-institutional table of dialogue convened by the General Secretariat of the Gov. From Cordoba, the Sec. Of Environment and the Sec. Of Agriculture. In this instance does not refer to any process to try to approach antagonistic positions.

– Observed, among others, that the OTBN bill does not allow to know the areas of native forests by conservation category, which is essential for its accreditation.

In summary, he stressed that for the purpose of carrying out the analysis for the accreditation of OTBN of the province of Cordoba, it is necessary:

1. Have the complete bill (it does not contain the map with the location of the forests and their conservation categories of the OTBN update)

2. To have the technical document with the methodology used for the evaluation of the criteria of environmental sustainability and the resulting surface.

3. Know the participatory process that would accompany this proposal.

So far, the discussion on updating the framework for protection of native forests in Córdoba has not complied with national regulations, has not allowed open participation, has hidden information and shared it with only a few specific sectors.

From FUNDEPS, we demand that the process be transparent, participatory, comply with the requirements demanded from the Nation and be respectful of minimum environmental budgets, in order to avoid the repetition of conflictive situations in relation to the territorial order of native forests of Cordova.

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Contact

Male Martínez – Environmental Equity Coordinator

malemartinez@fundeps.org

Worrying situation of human rights defenders worldwide

During 2016 more than 280 human rights and environmental activists were murdered in 25 countries, marking a growing radicalization of violence towards them. The murders that occurred during the first weeks of 2017 have ratified this worrying trend. From FUNDEPS we join the widespread demand for a change in the situation of those who have seen their rights vulnerable due to the protection of the environment, the territory, the rights of indigenous peoples, among others.

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

 

“On March 2, 2016, gunmen stormed the house of environmental activist Berta Cáceres in the middle of the night and shot her dead. Cáceres had spent several years attempting to stop the construction of a hydroelectric dam in the land of his community in Intibucá, in western Honduras, which endangered a vital and sacred water source for the indigenous Lenca people. Less than a year before his death, he had delivered a poignant address to a crowded auditorium when he was awarded the Goldman Environment Award of 2015 for his exceptional courage in the field of environmental activism”

So begins the latest report by Global Witness, an organization that exposes the hidden links between the demand for natural resources, corruption, armed conflict and the destruction of the environment. The reason for this report is to expose the situation of human rights defenders in Honduras, identified by the report as “the deadliest country in the world for environmental activism”. The appalling levels of violence and intimidation suffered by rural communities are documented as opposing the imposition of dams, mines, logging or agriculture on their land, projects controlled by rich and powerful elites, including members of the political class. The root causes of these abuses are widespread corruption and failure to provide adequate consultation to those affected by these projects.

According to Global Witness’s research, since the coup d’état of 2009, 123 land and environmental activists have been killed in Honduras; Many others have been threatened, attacked or imprisoned. Throughout 2016, human rights defenders from all regions of the world have faced attacks because of their work to improve and defend the human rights of their communities. They have been persecuted by both state and non-state actors who sought to discourage, discredit and disrupt their non-violent activities.

According to FrontLine Defenders in its latest report of late 2016 the number of murders in 2016 was an increase over the previous year’s figure. About 281 people were killed in 25 countries. 49% of these defenders worked to defend the environment, the territory and the rights of indigenous peoples. Some of the cases occurred when local defenders launched campaigns against multinational corporations and resisted the occupation of their land and forced relocations, which were often carried out without adequate consultation or compensation.

In addition to the above, ProtectDefenders.eu, the European Union’s defense mechanism, recognized that human rights defenders throughout the world are frequently subjected to harassment and false criminal accusations aimed at paralyzing, Intimidate and delegitimize their activities for human rights. They have difficulties in developing their work in increasingly restrictive environments in which the right to freedom of association, expression and peaceful assembly; they do not exist. Permits are permanently revoked by human rights NGOs, bank accounts are seized and their right to access foreign funds is violated. An increasing number of States have also developed a systematic pattern of obstacles to the freedom of movement (through the use of travel bans) of human rights defenders, with the clear intention of isolating them.

The murder of the defenders impacts in a way that goes even further than their own death. They affect the entire human rights community. Organizations that have been in charge of investigating the situation of defenders around the world have often come across that their killings have usually been framed in previous protests against multinational companies. It also highlights the role of complicity of governments in these attitudes that have resulted in the deaths of hundreds of people throughout the world.

Land rich in natural resources in Central and South America, Africa and Asia continue to be a source of conflict between the extractive industry and indigenous peoples in the context of projects frequently financed by international financial institutions (IFIs) or by Western and Chinese companies. The lack of checks and balances on human rights issues within these institutions, often accompanied by the abovementioned complicity of the current government, has resulted in intimidation of the local population and other more serious things, Has led them to consider that their concerns have not been adequately addressed.

So far this year 2017, new murders have been visualized to defenders. Isidro Baldenegro, an indigenous ecologist, defender of forests in the Tarahumara sierra, Mexico, was killed during the month of January. Two weeks later Juan Ontiveros Ramos, Mexican defender was brutally beaten along with other members of his family and taken to the force. On 1 February, the activist’s body was found. Likewise, on Tuesday, January 17, demonstrators led a peaceful demonstration against a hydroelectric plant in Guatemala. But the event ended with death after the paramilitaries killed and 72-year-old activist Sebastián Alonso.

From FUNDEPS we join in the widespread demand to prevent this type of behavior against environmental and human rights defenders from being perpetuated in 2017. Our work has been closely related to the monitoring of projects financed by international financial institutions, as well as Also a good part of those projects that have counted on Chinese financing. We emphasize the need for civil society to continue with its control tasks on this type of projects, while ensuring respect for the rights of those who exercise this type of task.

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Gonzalo Roza – gon.roza@fundeps.org

Worrying situation of the Public Defender’s Office

Three months ago the Office of the Public Defender is out of town, a circumstance that leaves the agency unable to fully carry out the functions assigned in the current Audiovisual Communication Services Act. This situation runs counter to the recommendations of the CEDAW Committee and aggravates the situation of vulnerability of the rights of the hearings.

“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 Office of the Public Defender of Audiovisual Communication, which was created together with the Audiovisual Communication Services Law, is an organization that promotes, diffuses and defends the right to democratic communication in the media.

As we have previously reported, this dependency of the State has been in place since November 14 of last year when, upon the expiration of the term of Lic. Cynthia Ottaviano, the Congressional Bicameral Commission decided not to appoint a new defender / Nor to renew the mandate of the outgoing defender. To date, the agency has filed a petition for the attorney María José Guembe, Director of Protection of Rights of the Ombudsman, to be the highest authority in this transitional stage. In the same way and given that the role of Guembe does not enjoy all the faculties, the organism remains acephalous, and therefore, lacking in operability.

The institution of the Public Defender’s Office is fundamental because it acts as an intermediary between the communication and public actors, representing the interests and rights of the audiences. In this way, acephaly violates citizenship and their rights can not be fully enforced without the full action of this body. This situation has already lasted for almost 3 months, but continues to work, receiving and channeling claims.

Complaints made from FUNDEPS

During 2016, from FUNDEPS, we made several complaints to the organization, highlighting those made to the TV channel TYC Sports and the program “Majul 910” by Radio AM 910.

In December of last year, we received a telephone notification about the status of the claim made by an institutional advertisement of the TV channel TyC Sports, in the month of September. In such advertising, a conversation is shown between a heterosexual couple, reproducing stereotypes of the sexual division of labor, as well as of power relations within couples. In response to this claim, the Ombudsman acknowledged and mentioned the stereotypes that reproduce the media and highlighted the positive aspects of the audiences by expressing their agreement with the constructed messages. For this complaint, a communication was made to the television channel, which was not answered. We received a formal written response in which it is mentioned that:

“In its report on the piece, the Directorate of Analysis, Investigation and Monitoring of this Ombudsman said that” it receives the comments expressed in the consultation as an indication of the legitimate disagreement of the hearings with the uncritical reiteration of stereotypical representations that, moreover, do not Correspond to the current social diversity in terms of family compositions and role assignment within families”

Due to the serious situation that the organism is undergoing, it was not possible to take other measures. In addition, in November of last year we made a complaint about the radio program “Majul 910” in Radio La Red AM 910 in which, under the supposedly “humorous” language, reproduce stereotypes and apologies to gender violence.

In this case, the Ombudsman also acknowledged the legitimacy of the complaint and reported that the company RED CELESTE Y BLANCA SA, owner of LR5 Radio La Red AM 910 responded to the complaint:

“… the comments made by comedian Claudio Rico have been made exclusively with animus iocandi and that he never had the objective of offending women or carrying forward a stereotype of beauty that is offensive and oppressive for women. Has been the goal of ‘LA RED’ to spread a message of media violence as stated in the presentation”

Finally, the Radio expresses: “In this sense … we take due note of it and proceed to communicate the terms of the same to the drivers, participants and producers of the”Majul 910″ Program”.

Since they can not take any further measures or issue their opinions on the quality of the contents, the complaints made to the Public Defender’s Office have lost strength and legitimacy and are left to the will of the denounced media.

In this context of great uncertainty, it is important to remember that, in its concluding observations to Argentina, CEDAW recommended “Amend Act No. 26.522 (2009) on audiovisual media services in order to provide the Public Defender with the power to Sanction violations of provisions to regulate gender stereotypes and sexism in the media. ” Faced with this, the institutional situation of the Public Defender’s Office is even more serious. The international recommendations are aimed at giving more powers to the body, which is currently limited to its functioning, a limitation that is constituted as a regressive situation that diminishes the level of protection of women against symbolic and media violence, and of audiences in general.

The reproduction of gender stereotypes in the media is a form of mediatic and symbolic violence, in accordance with the definitions of Law 26.485 of Comprehensive Protection to Prevent, Punish, and Eradicate Violence against Women, which are also contemplated in the Law 26,522 of Individual Communication Services. Agencies such as the Public Defender’s Office are fundamental to ensure the production of content and programming in media that do not foster a culture of discrimination and violence. Given the gravity of the case, we again express our concern about the violation of the rights of the hearings and demand that the situation be rectified shortly.

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Carolina Tamagnini – carotamagnini@fundeps.org

Emiilia Pioletti – emiliapioletti@fundeps.org

We participate in the second CEPAL regional consultation on human rights and business

The Second Regional Consultation for Latin America and the Caribbean on the Implementation of the UN Guiding Principles on Business and Human Rights was held during the week of January 17-19 in the city of Santiago de Chile. The meeting was attended by governments, businessmen and civil society organizations.

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

During the year 2016, the first consultation was held and it was concluded that it was necessary to make progress in a regional report on human rights and business. In 2017, the second meeting was convened in order to continue the effort to implement the Guiding Principles, serving as a platform for dialogue among various actors, to illustrate the content of an agenda that guides the policies related to the subject matter ( Both in the public and private spheres) towards the progressive enjoyment of human rights in the context of business operations.

The Guiding Principles are based on the recognition of: (a) Current obligations of States to respect, protect and fulfill human rights and fundamental freedoms; (B) The role of companies as specialized bodies of society which perform specialized functions and which must comply with all applicable laws and respect human rights; C) The need for rights and obligations to be accompanied by adequate and effective remedies in case of non-compliance. These principles apply to all States and to all enterprises, whether transnational or otherwise, irrespective of their size, sector, location, owners and structure.

The expected results of this consultation were related to:

  • Recognize international developments in business and human rights;
  • Recognize outstanding challenges and regional reality in the development and implementation of national action plans and public policies on business and human rights;
  • Sharing experiences of different stakeholders on their relationship with the Guiding Principles and national action plans;
  • Identify opportunities to improve collaboration between countries and regions, and to continue the peer learning mechanism;
  • Evaluate progress on the regional agenda on business and human rights.

It should be noted that prior to the meeting, FUNDEPS and other civil society organizations signed a letter to encourage greater participation by civil society in this consultation. As a result of this request, a specific panel was incorporated for the organizations at the same time as the interventions of this sector were prioritized over the three days.

The consultation was attended by American governments (Argentina, Mexico, Brazil, Chile, Colombia and the United States), representatives of civil society organizations and representatives of companies that are working on the implementation of the guiding principles. Each of the participating governments showed progress in the design and implementation of a national plan that addresses the application of the principles. For their part, representatives of civil society had the opportunity to express their concerns and perceptions about the work that governments and companies have been doing on this issue.

In the same way as in the case of the Extractive Industries Transparency Initiative (EITI), FUNDEPS considers it of great importance to promote such initiatives that seek to provide greater transparency and accountability in the Private sector, but without neglecting the responsibility of national governments. Particularly in Argentina, and taking into account the current scenario of foreign investment, characterized by an increasing role of private sector investments (the case of investments of Chinese companies or the growing portfolio of projects of the Inter-American Investment Corporation, for example ) Or through Public-Private Associations, we believe that it is vital that both the national government and those of a local nature do not lose sight of these guiding principles in order to guarantee respect for human rights within the framework of business activities. We also hope that the process of designing a national human rights and business plan will have a space for civil society input.

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Contact

Agustina Palencia – agustinapalencia@fundeps.org

We reject pressures on artists and demand open and technical discussion about our forests

In recent weeks there have been repeated pressures to advance against the few remaining native forests in the province of Cordoba. We defend freedom of political and artistic expression and we demand a participatory and technical discussion that assures an adequate protection of our forests.

“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”

By the end of 2016, and thanks to the mobilization of communities and civil society organizations, it was possible to extend the treatment of a forest law project that was intended to be approved without adequate discussion. That project would have meant a clear weakening of the protection to native forests in our province.

From FUNDEPS, we developed a document with numerous legal and environmental critiques of the bill. The criticisms marked the clear weakening of the environmental protection of the forests as well as the existence of a process non-transparent and non-participatory. Both points violate the National Law of Minimum Budgets for the Protection of Native Forests

Some of these criticisms had already been raised in a joint document between the Environmental Forum, FUNDEPS and other institutions that rose to the government in response to the position of CARTEZ entitled “Producing conserving and conserving produce”. Neither CARTEZ nor legislators who presented the project responded to the technical questions that were posed to that position.

Instead of taking advantage of the extension of the discussion period to generate a participatory space or to respond to the legal and technical questions that were made to the project, from the agricultural sector is pressed to get a rapid approval of the bill. It is accused of setting positions without scientific basis when from that sector could never answer the questions that were sent. Likewise, artists such as José Luis Serrano and Raly Barrionuevo are especially under pressure to mobilize against the few remaining native forests in our province. In a statement, CARTEZ strongly criticized Doña Jovita and Raly Barrionuevo for accusing them of “generating confusion” and defending “extreme ideologies”. As a reply, José Luis Serrano challenged the ruralist entity to answer with “scientific arguments” the doubts raised by the Environmental Forum.

In that line and in a surprising twist, journalist Andrés Carpio de Cadena 3 intimately informs José Luis Serrano for his comments regarding the journalist’s description of the March 28 march. The journalist made a strongly negative description of the march describing it in a number much lower than the estimates of the organizers. He also suggested that those who marched did not know well why they did so to the extent that there was already a decision to postpone the treatment of the bill. It seems that in the journalist’s position, the defense of native forests and the visibility of a popular demand are not enough reasons to publicly manifest in a peaceful way.

In that context, the artist José Luis Serrano personifying his character “Doña Jovita” marks his surprise for the inaccurate description of the demonstration against the forest law project. It does so through his character, in an artistic expression and criticism of an inadequate description of a popular mobilization.

We defend the right to free expression and artistic expression with connections to rights and social demands. We are opposed to pressures against public demonstrations. We also strongly reject the use of legal mechanisms to limit the critical positions of public figures.

Contact

Juan Carballo, Director Ejecutivo

juanmcarballo@fundeps.org

Advances and challenges at the Villa Carlos Paz Environmental Center Project

Administrative processes are advancing and it is expected that in May 2017 work will begin for the construction of the Villa Carlos Paz Environmental Center with financing from the Inter-American Development Bank.

“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 IDB’s Integrated Urban Solid Waste Management Program (GIRSU) finances works for the integral management of solid urban waste and the recovery of degraded areas due to the poor disposal of such wastes. The total cost of the program is US $ 150 million and contains two subprograms: on the one hand, GIRSU in national parks and adjacent municipalities and, on the other hand, GIRSU in other tourist municipalities.

Within the second group is the Villa Carlos Paz Environmental Center. The center was designed to receive the urban solid waste from five neighboring municipalities that agreed with the municipal administration of Carlos Paz their joint treatment. The project was developed by TecnoMak S.A. Contracted by the Executing Unit of International Loans under the Ministry of Tourism of the Nation.

TecnoMak S.A. Studied three alternatives for possible locations of the new MSW treatment center. Finally, it was decided to locate it in the building of the current open-air garbage dump bordering the La Calera Natural Reserve.

The project has three groups of works:

Works Group 1: Sanitary Landfill for the disposal of MSW generated in the localities of the Municipality of Villa Carlos Paz and communes of the area of ​​influence of the project; With a useful life of 20 years and an average daily income of 163 Tn / day.

Works Group 2: Separation and Treatment Plant and related logistical and administrative support works.

Works Group 3: Closing and Closing of the Landfill to Open Sky currently existing.

On April 7, 2016, the environmental public hearing was held in which the authorities participated and eleven people registered with it.

The mayor Esteban Avilés explained:

“We are working on a regional project that will give us a definitive solution to the open dump (…), with this public hearing would be closed the administrative situation and then move to the instance of decrees that have to do with the Secretariat of Environment Of the province, and the Ministry of Tourism of the Nation by Gustavo Santos”

Regarding the deadlines stated that “we believe that we will be fairly quick compared to other projects approved at the national level” but did not rule out before the end of the year.

Several objections were raised by María Luz Cammisa (Secretary of the Norman Morandini, Director of the Human Rights Observatory of the Senate of the Nation), related to the relevance of the hearing as “it arrives with a work that is tendered and has been up to Pre-awarded (…) We are here in some way to validate what has already been decided by us” It was also stressed the jurisdictional limitation, since the affected lands are outside the ejido of Carlos Paz:

“It is for us a priority issue that I raised to the governor Juan Schiaretti because we can not advance in a planning with the intermediate institutions of the city always being conditioned to that the province resolves this administrative situation.I see that it is a governor that has this type De la Sota really had no interest for anything, “declared the Intendente and later be endorsed by his collaborators: It is a theme of substance for the Carlospacenses; But that does not determine the continuity of the project.”

More controversial was the mention of Cammisa regarding the deadline stipulated by the Technical Commission for the use of the module:

“…it must have a maximum of six years, and that after the same period, a site outside the San Roque basin (…) should be used to specify the integration of a Comprehensive Waste Management Program in the metropolitan area of Córdoba (CORMECOR) “(…) We do not know if the municipality itself will have a solution for its waste beyond six years. That is to say that the projected environmental center will last less years than the time taken to plan it”

Those who responded to this were the architect Liliana Bina and the secretary of Urban Environmental Development, Horacio Pedrone. They mentioned in this respect that the Interdisciplinary Technical Commission suggested this term in view of the CORMECOR project, of which the city would participate if it materialized. However, “this plant would continue to function exactly the same, but instead of throwing the surplus into the sanitary burial, we would do it in a transfer iron to Cordoba.” Meanwhile, Villa Carlos Paz as the member communes will have buried for that date some 475 thousand tons of garbage.

On the other hand, Pedrone said “to say that the municipalities and communes that have signed intermunicipal agreements with us and that they will not be able to throw the garbage more is absolutely false … The project has been thought from the first minute with the participation Of the eight municipalities and municipalities bordering Villa Carlos Paz and have always treated the subject of garbage together” said in a framework of participation in which were present the community leaders Andrea Jordán (Cuesta Blanca), Adolfo Parizzia (Estancia Vieja) and representatives of Icho Cruz and Cabalango.

Other approaches were related to the territorial organization of the native forest:

“… there is no mention in the environmental impact study of the negative impacts of the reserve. It is an area bordering a protected area, and a project that seeks to be authorized by means of exceptions provided for in the Forests Law (…) The opinion of the Technical Commission itself warns against the location of the project that it would be inadvisable to concentrate in this area more potentially impacting installations against the environment, since it is in the vicinity of the natural area (…) and in areas with drainage at Lake San Roque.”

This point was also raised by environmentalist Juan Carlos Paesani, who for health reasons was not present but made read his statement: “Will it be understood that this reservoir gives drinking to almost two million people in the city of Córdoba? Continue to ignore elementary principles.”

More confrontational was the speech of the President of the Council of Representatives, Walter Gispert, who retorted the remarks when pointing out that:

“Apart from saying, we have to do, our government has spoken to everyone … Beyond the technical issues, the material and environmental debt that the city has and the effort made by all public and private institutions to Solve the problem, for our future, I ask you to approve the project.”

He also suggested that “the Chicana” comes from a member who shares his same political space, Norma Morandini, “whom I spoke to personally to raise the situation, but he never came to Carlos Paz, and she was a legislator for Córdoba.”

In August, the national public bidding process was carried out and in November the tenders for the international public tender were opened. The works will start in May 2017. The current landfill will be replaced by a landfill that will house a waste separation plant and a recycling plant. 222 million will be financed by the Inter-American Development Bank and it is estimated that the work will require around eight months and that by mid-2018 this new plant would be put into operation.

From FUNDEPS we follow these processes to ensure that they respect human rights and the environment. The location of the Villa Carlos Paz Environmental Center next to the La Calera Defense Nature Reserve, and meters away from San Roque Lake on land that may have a higher propensity to seep or leach into the water, is questionable. In this context of possible environmental and social impacts, the municipal and provincial governments must ensure the highest levels of transparency and access to information. From FUNDEPS we will monitor compliance with provincial and national regulations on these issues as well as compliance with the corresponding operational policies of the IDB.

More information

Contact

Gonzalo Roza, gon.roza@fundeps.org

The “Majul 910” program and its jokes about sexual abuse

En el programa “Majul 910” que se emite por Radio La Red, en el día martes 18 de octubre, un día antes de la marcha y paro realizados en toda Argentina tras el femicidio de Lucía Pérez, y bajo el lema #MiércolesNegro, un humorista realizó una cadena de chistes atravesados por un estereotipo de belleza que resultan ofensivos y opresivos para las mujeres.

“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”

After comments like “(…) look Majul, my wife is so ugly that she had to make a representation of Beauty and the Beast and Bella made a guy,” he concluded: “My wife is so ugly that they grabbed her Some rapists and, in the dark, dressed, “he quipped as journalists celebrated the commentary, and the art of radio along with jocular sounds and background reporters.

This treatment of information violates the provisions of Law 26.485 on Comprehensive Protection to Prevent, Punish and Eradicate Violence against Women and Law 26.522 on Audiovisual Communication Services, which stipulates that programming must avoid elements that promote acts Discriminatory and violent towards women. It should be remembered that according to the Argentine Criminal Code, the act of sexually violating a person is typified in article 119 and constitutes a crime proper.

This type of content diffused in the media constitute forms of mistreatment and symbolic violence, in which imaginary and reproducing cultural mandates are forms of oppression and domination towards women.

For this reason, it has filed a complaint with the Public Defender’s Office for Audiovisual Communication Services and ENACOM (eg AFSCA), which are bound by the rights of the audiences.

The joker, allegedly innocent, satirizes a crime against sexual integrity based on non-compliance with a mandate: beauty. It is unacceptable to reproduce these words in any medium of communication, especially in this tragic social context towards women, evidenced by the acts of violence and femicides seen in recent years.

We continue to demand that the media commit themselves to promoting and respecting equality, avoiding content that reproduces forms of media violence against women, while respecting their integrity and their rights. These sayings are extremely dangerous and their mere existence is unacceptable. Violence towards women is, above all, a human rights issue, where the media have a huge task to do.

Lastly, there is concern about the lack of formal pronouncement by the Office of the Public Defender and of ENACOM, after more than two months of the corresponding complaints. From FUNDEPS we continue with the monitoring of the open processes, in order to continue with the monitoring of the functioning of these bodies.

More information

Contact

Emilia Pioletti – emiliapioletti@fundeps.org

Carolina Tamagnini – carotamagnini@fundeps.org

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The work of trunk gas pipelines in Cordoba has Chinese funding

The largest infrastructure project in the province of Cordoba has Chinese funding. Two Chinese banks: ICBC and Bank of China will finance 80% of the 8,400 million pesos of the trunk gas pipeline work in the province.

“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 map of the ten trunk duct systems had been divided into three groups. The first one assigned to the Brazilian construction company Odebrecht. The second to the construction company China Communications Construction Company and the Argentine construction company Iecsa S.A. And the third to the construction company China Petroleum Pipeline Bureau and the Argentine company Electroingeniería S.A.

One of the formalities that the province had to fulfill was to have the guarantees of the national government to access external financing and, at the same time, guarantee that debt with funds from the federal co-participation.

The works began on August 14 of this year by the Brazilian construction company Odebrecht. This was the only company awarded that presented own financing for the work and does not depend on loans from Chinese banks.

In the month of October, the province placed a debt for 150 million dollars to 10 years of term.

And now in December the Chinese investments were confirmed. The gas pipelines in the provincial interior that will be financed by loans from the two Chinese banks were awarded to the transitory union of companies that formed the Cordobesa Electroingeniería, the China Petroleum Pipeline Bureau and the port of Iecsa, in partnership with the Asian China Communications Construction Company (CCCC). In charge of the negotiation with the Chinese banks is the Minister of Investment and Financing Ricardo Sosa.

From FUNDEPS we are monitoring this project, we have met with officials of the Córdoba Agency for Investment and Financing (ACIF), and we have submitted requests for information to provincial and national ministries. The terms of the legislation that regulates access to knowledge of State acts have expired and there is still no response from the corresponding units.

The questions generated by a work of this magnitude are several. No details have been given of the agreements reached with Chinese banks, it has not been established how this project will effectively reach each of the municipalities involved, nor are the environmental impact reports known. From FUNDEPS, it will be sought that these infrastructure projects do not negatively impact the living conditions of the communities or the environment.

More information

Gas pipelines: Schiaretti reviewed with Prat Gay the progress of contracts with Chinese companies

Gas pipelines: the Nation signs guarantees for Chinese credits

Contact

Gonzalo Roza / Coordinator of the Global Governance Area

gon.roza@fundeps.org

 

Discrimination: the failures of virtual “denunciations” before the INADI

On the site Infobae, it was published with a note titled “Reversed roles: did the woman become more masculine in relationships?“, Which repeatedly incurs stereotypical and discriminatory comments and symbolic violence towards women. From this, a consultation was made with INADI, which did not have concrete results.

“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 news in question is developed from an interview with a psychologist who, while highlighting the advances of women in the professional field, understands that these are spaces reserved for men, usurped by women, placing them in related tasks Home and care. According to the psychologist and writer Beatriz Goldberg, today’s woman is dislocating the man from her place. He has difficulty in finding the right role.’Women can and should have activities in all areas, But from the role of woman.If you ‘masculinize’, you lose your intuitive and intellectual capacity. ”

It is worrying to continue to think that the labor and professional fields, as well as the tasks of providing economic resources in the home, are exclusively male, and to the “masculinized” women, when they are part of these spaces or they appropriate those tasks.

Likewise, repeated references are made to the importance of not losing typically “feminine” characteristics, such as sensitivity or intuition. Likewise, denigrating comments are made, such as the reference to women as household appliances: “It is multiprocessor, it does everything, it is multiple”.

These types of opinions and comments reproduce sociocultural patterns of behavior that stereotype, discriminate and subordinate women, demanding that they be reserved for certain spaces and meet certain characteristics to be considered as such. In addition, being a person placed in a space of authority for their professional qualifications, it is understood that the psychologist is a referent on gender issues and therefore, their sayings have more influence on the reader.

The acts described have their roots in social conditions of inequality suffered by women, rooted in society, with a strong symbolic content that reinforces such conditions.

Phrases enunciated by the interviewee as “the role of women in society is to be a woman” promotes the idea that men and women have roles determined only by being one or the other. In addition, the lack of reflection on the struggles of women’s movements, which after decades of activism achieved progressive equality before the law between men and women, made visible the barriers they have to accessing jobs or participation in professional life.

The complaint process

From the facts, it was decided to make a presentation in front of INADI, since this is a fact of discrimination against women, occurred in a digital medium. We use the process of consultation for discrimination, the most accessible on the body’s website. From telephone communications, we followed up on our claim, which was derived to the Platform by a free Internet of discrimination. Subsequently, it was presented to the medium producing the discriminatory content, as a concern but without any obligation, so the note was not modified or withdrawn from the website. Against this, INADI took no action in the matter and the case remained in mere consultation. The virtual mechanism, then, proves not to be effective, since the claims do not acquire character of denunciation.

In order for INADI to make its effective pronouncement, the complaints must be presented as complaints, which must be made personally in front of a delegation of INADI. It should be recalled that the Argentine State is obliged to carry out measures against discrimination against women, not only by local legislation, but also by the human rights treaties ratified by our country and constitutional hierarchy, such as the Convention On Elimination of all Forms of Discrimination against Women and the Convention of Belem do Pará.

More information

Contact

Carolina Tamagnini – carotamagnini@fundeps.org

Critical Observations on the Native Forest Bill

We present to the Legislature critical comments on the native forest law project in the province of Córdoba, with a lot of irregularities in the participation process and several questionable points in the wording of its text, which would imply a decline in the protection of native forests.

“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 2007, the National State passed National Law No. 26,331 of Minimum Budgets for Environmental Protection of Native Forests, as a base legislation, with equal protection for all inhabitants of the country. According to the constitutional mandate, the provinces are responsible for legislating either by equalizing or maximizing protection and include matters that they make to the specific or specific matters of each of them. Likewise, it establishes the national legislation and its Regulatory Decree No. 91/2009, each province must carry out its Natural Forest Management and update it every five years, through a participatory process and according to criteria of environmental sustainability established in its Articles and Annex .

The province of Cordoba sanctioned the Provincial Law of Territorial Ordering of Native Forests No. 9814 on August 5, 2010, in a process in which the participatory instance guaranteed by the national law was not respected. That legislation established a deadline for updating it that expired on August 5, 2015.

In apparent compliance with these regulations, at the end of September 2016, the provincial government decided to open a “dialogue table” in order to complete with the corresponding updating of the territorial planning of the native forests of Cordoba, seeking to overcome the irregularities of the process Made five years ago. However, the violation of the necessary conditions for the development of a sustainable participatory process was noticed. These shortcomings do not comply with the “Methodological guidelines for the updating of territorial regulations of native forests” approved by Resolution N 236 of COFEMA.

Recently, in the month of December 2016, the bill on the territorial organization of native forests was presented to the Legislature. That proposal is disconnected from the dialogue table insofar as it does not reflect the debates, contributions and discussions that were generated in the same.

From FUNDEPS we have prepared a document, “Draft Law on the Regulation of Native Forests and Regulation of Exotic Forests of the Province of Córdoba (Expte. 20811 / L / 16)“, as it does not conform to the minimum environmental protection budgets enshrined in our National Constitution and in the laws Environmental aspects that refer to this matter, both procedural aspects and substantive aspects.

We synthesize the main recommendations to the bill:

• Need to conserve the native forest existing in the province of Córdoba according to the map of law 9814 and only exceptionally allow the changes of land zoning, according to resolution 236/12 of COFEMA.

• Must observe the minimum legal parameters at the time of updating the OTBN, especially a real and effective access to the right to citizen participation.

• Extension of the restrictive definition of native forests.

• Reconsideration of the Ministry of Science and Technology as enforcement authority.

• Duty to expressly prohibit mining activity in high conservation categories.

• Duty to explicitly prohibit chemical dismantling and rolling practice in more conservative categories.

• Updating the OTBN map with technical – legal fundamentals.

• Limitation to sowing with exotic postures and reconsideration of environmental damage remediation with implanted species.

For these reasons we urge to generate an open and participatory process for the discussion on the updating of the forest law of the province of Córdoba and we suggest to adapt the project with the highest environmental legislation and to ensure at least the same level of environmental protection to our Native forests

Contact

Male Martínez, malemartinez@fundeps.org