An urgent environmental information report has been requested asking for further information in light of the increasing stream contamination in Chicamtoltina, Alta Gracia.

The authorities have given no responses as the Chicamtoltina streams have been declared an environmental emergency, compromising both the health and environment of the inhabitants of Alta Gracia and Anisacate. FUNDEPS supported residents in requesting an urgent report to find out more information.

The present state of the Alta Gracia lagoons is alarming. Although initially, the sanitary works project envisaged for the city treatment centre proposed constructing six basins, only four have been built to date. Furthermore, six basins are considered suitable to meet the needs of 15 thousand inhabitants, however, the population of the area currently reaches a total of 50 thousand.

According to information that FUNDEPS has, constructing this group of basins was tendered for, even though at least four more basins are needed for the sewage treatment systems to function effectively. In this context, 40 percent of the population does not have adequate sanitary facilities.Residents of the area have toured the sanitary lagoons facilities to establish the present situation. Firstly, incoming sewage pipes were found covered with cement and soil. Similarly, the filter screens were blocked.

Also, large quantities of waste were seen stuck around the basin edges due to saturation. What’s more, the saturated funnel did not allow the waste to separate and there were no signs of excavation in the area where one of the tendered basins is supposed to be built. The reed beds, in the treatment centre, were also found to be damaged and in a complete state of abandonment. The site shows evidence of significant deterioration: there were abundant mounds of mud contaminated with bacteria, to the extent where lime has had to be thrown on the sewage waste in some areas. The situation gets worse, considering that the main destination for the sewage waste is the streams of Alta Gracia, Chicamtoltina.

Salida de líquidos cloacales al arroyo ChicamtoltinaEven though the town of Anisacate has been declared an environmental emergency since the 22nd August and the city of Alta Gracia is in the process of being declared, the high levels of faecal coliforms, the accumulation of waste on the stream banks and the concentration of polluting liquids (such as detergents) are worrying.

This is a situation that compromises the health of the inhabitants and the environment of the area. Sewage liquid flowing into the Chicamtoltina Stream In spite of the insistence of the Alta Gracia and Anisacate residents, who have protested and submitted an environmental information request to the authorities for a report on the existence of a project improving the sanitary lagoons, the authorities have made no kind of response nor resolution in this regard. For this reason, FUNDEPS has helped the residents submit an urgent environmental information report to obtain information relating to an eventual improvement, which will end this situation of health and environmental degradation.

Likewise, other legal options are being explored to stop the activities of the sewage treatment company Establecimiento de Depuración de Líquidos Cloacales C.O.S.A.G. LTDA and to repair the environmental damage already caused.

For further information:

please contact: info@fundeps.org

Translated by Clare Sharman

The creation of this open space received a warm welcome from civil society organizations and movements. Additionally, it underlined the importance of ensuring mechanisms of transparency, accountability and community participation, as UNASUR is a space from which large projects with a significant impact can be initiated.

With a number of important national and regional organisations and social movements in attendance, the Preparatory Meeting of UNASUR’s first Citizen’s Participation Forum took place on 19th and 20th September in Buenos Aires. Organised by the Argentine Ministry of  Foreign Affairs and Worship, the main purpose of the meeting was to agree with South American citizens the Forum’s Operating Guidelines which were approved by the Heads of Council and Heads of State of UNASUR’s Governing body in August 2013; and to discuss its internal structure and workings, in light of the first Citizens Participation Forum (CPF) due to take place in November in the city of Cochabamba in Bolivia.

The meeting’s dynamics were based on the organisation of work groups made up of representatives from South American social groups and various representatives and civil servants of UNASUR’s member States. Each group discussed all three of the main topics on the agenda: the Internal Workings of the Forum; regional topics for discussion by the Forum; and the “Route Map” leading up to the first Forum in Cochabamba.

The creation of a citizen participation space, as part of  the integration process at a regional and national level which UNASUR is taking forward is welcome and long anticipated, and is the result of what is stipulated in Article 18 of their Founding Treaty. For this reason, the majority of the social groups which took part in the meeting asked that the political decision of member States to pursue the creation of the Citizen Participation Forum be highlighted and congratulated.

At any rate, during the conference the work groups reflected their intention to validate and strengthen this initiative, as well as strongly emphasising the need to work exhaustively and continually on the internal workings of the Forum in order to reach an effective level of operation. As a result, amongst other things, it underlined the importance of:

  •  The need for UNASUR, and the CPF generally, to support the principle of Transparency and Free Access to Information in their operation, which means providing citizens with information (such as topics for discussion, documents, agreements, work schedules etc.) in a timely and appropriate manner.
  • Implementing clear, simple and practical mechanisms for guaranteeing broad and inclusive participation in the CPF, placing special emphasis on the participation of grassroots communities, indigenous people and other stakeholders.
  • Guaranteeing civil participation in the Sectoral Councils of UNASUR and other forums and institutional mechanisms which have been, or will be, created in the future. This is due to the heterogenous nature of work agendas and the interests of different social groups which makes up the CPF and the need to be able to take part in specific area topics associated with the South American integration process.
  • Member countries committing to provide the CPF with sufficient budget so that it can be properly implemented, paying specific attention to issues of participation and communication in relation to the Forum, internally and externally.
  • An action plan with targets for the realisation of the first Citizen’s Participation Forum in the city of Cochabamba in Bolivia.

It should be noted that participation in the CPF is open to any South American organisation, social movement, community or individual, for which it brings together and encourages everyone interested in participating in a process destined to play an important role in the integration of the South American people. For this reason, time and again throughout the meeting, the representative of the Argentinian Foreign Ministry, Marcela Bordenave, Focal Point for Citizen Participation in Argentina in respect of UNASUR emphasised that: “South American integration is not an issue for governments. It is a matter for the people”.

See the minutes of the Meeting of South America Social Groups to prepare for the first Citizen Participation Forum of UNASUR.

For more information:

Página Web de UNASUR

Página web de Cancillería Argentina – Sección de la Subsecretaría de Política Latinoamericana

Tratado Constitutivo de UNASUR

Directrices para el Funcionamiento del Foro de Participación Ciudadana de UNASUR

Declaración de Paramaribo – Agosto de 2013

Decisión N°2/2013 de UNASUR – Aprobación de las Directrices del Foro de Participación Ciudadana

Decisión N°7/2012 de UNASUR – Creación del Foro de Participación Ciudadana

Contact:

Lic. Gonzalo Roza / Programme Coordinator of Global Governance
gon.roza@fundeps.org

Translated by: Stephen Routledge

The field of Human Rights of FUNDEPS presents amicus curiae demanding the effective application of the ban on fumigating in areas of protected environmental area in Alta Gracia to adequately protect the right to health and a healthy environment for the people.

The field of Human Rights of the Foundation for the Development of Sustainable Policy (FUNDEPS) filed an amicus curiae before the chamber No. 8 of the Civil and Commercial Court of the City of Córdoba, which has to decide on an appeal given by the agro-industrial company Verdol S.A. to obtain, through a preventative measure, permission to use agrochemicals in the area established by the town of Alta Gracia as “Protected Environmental Area.”

In October 2012, the City Council of the city of Alta Gracia passed ordinance 9375 that, among other things, establishes a “Protected Environmental Area,” of 1500 meters from urban areas or permanent settlements.
This ordinance was the achieved through the work of social movements that sought to protect outlying districts of Alta Gracia from chronic exposure to agrochemicals.
The reasons justifying the ordinance are clearly stated, for example, “that all agrochemicals are potentially toxic” and “that the chronic and repeated exposure over long periods of time, and not necessarily elevated amounts of agrochemicals, could cause medical conditions”.
Such chronic exposure appears to have affected the San Juan Park District, adjacent to the grounds of Verdol S.A., where the Department of Allergy and Immunology of the National Clinical Hospital, part of the National University of Córdoba, detected levels of disease far above the average.
According to a study in this community, “51% of the surveyed population is afflicted with an illness,” particularly children.
In this context, ordinance 9375 appears as the minimum measure to protect health and the environment affected by agricultural practices in the area.
It involves the application of the precautionary principle, expressly stated in the General Environmental Act which affirms that “when there are threats of serious or irreversible damage, lack of information or scientific certainty should not be used as a reason for postponing the adoption of effective measures, depending on costs, to prevent degradation of the environment. “
However, the decision of the City Council was challenged in court by Verdol S.A., which filed an action of unconstitutionality against the ordinance.
It also requested an injunction to get a temporary authorization to use agrochemicals until the case is decided.
FUNDEPS filed an amicus curiae arguing that the ordinance adequately protects health and the environment and was issued within the framework of municipal powers.
It also details that the main risk is not a profit decline, but the violation of the right to health and a healthy environment.
The constitutional obligations to protect health and the environment require the rejection of the interim to allow effective implementation of Ordinance 9375 of the Municipality of Alta Gracia.
More information:
Text of the amicus curiae submitted by FUNDEPS
Contact:
Translated by Robyn Franklin

FUNDEPS signs up to the petition of 110 non-governmental organisations calling for the World Bank to change the criteria relating to projects in the area of health and to actively promote universal health coverage.

At the end of the World Bank’s annual meeting which took place in Tokyo, Japan, numerous non-governmental organizations presented a letter requesting that the World Bank modify the criteria relating to projects in the area of health and that it actively promotes universal health coverage.

As part of their work on health rights, FUNDEPS signed up to the initiative which makes specific recommendations to the World Bank to change practices in the area of ​​health. The thrust of this request is to understand health as a right which cannot be subject to market rules but rather by the logic of the need to protect the most vulnerable; those who in practice are denied the right to health. The recommendations include:

  • Making active efforts to promote universal access to health coverage.
  • Promoting the elimination of tariff systems for access to health services.
  • Supporting public investment in health without favouring private-sector oriented solutions.
  • Ensuring that the projects of the World Bank have positive impacts on the poorest two-fifths of the population in which development projects are based.
  • Endorsing the participation of civil society in the definition of public health policies.

These organizations will monitor the responses to these requests and the impact of World Bank programs in the effective enjoyment of the right to health.

For more information:

Note calling for a change of perspective of the World Bank programs in the field of ​​health

Translated by Stephen Routledge

On the occasion of commemorating the World Access to Public Information Day, César Murúa, coordinator of the FUNDEPS Area of Democratic Governance and co-administrator of the Transparent Cordoba Program, has published an article along with Mariano Mosquera, with their reflections regarding this right and the institutional implications it entails.

In the article published today in the La Voz del Interior newspaper, some assessments stand out:

Despite the existence of norms, as apparent in the provincial as in the municipal order, the access to public information is not a practice propagated to citizens, nor have governmental bodies been capable of adapting their complex political and bureaucratic systems to principles of publicity and transparency of their actions. (…)

The issue of lack of access to public information in the power of the State is not only related to the normative flaws or to the lack of spreading this right, but also to the culture of secrecy. The reluctance of institutions and their political and administrative servants to deliver information can undermine even the most progressive norms and the most active citizens.

Although the policies to promote governmental transparency have begun to gain a place within political discourse, this unfortunately does not correspond to policies which are truly effective. The lack of launching institutions, specialized in coordinating the compliance of terms and the forms for providing public information, erodes any proclamation of transparency.

On behalf of FUNDEPS, we follow these reflections in the commemoration of this day, while we continue to work towards institutions, which are more open, transparent and which actively seek to provide information.

For more information:

Article, published in La Voz del Interior, “A Right, Which Must Be Respected”

Contact:

César Murúa

cmurua@fundeps.org

Translated by Alexandra Botti

FUNDEPS supports global efforts to achieve a framework convention on World Health that assures equal standards in the exercise of the human right to health.

According to World Health Organization statistics, the enormous health inequalities between rich and poor countries (and inequalities within these same countries) have resulted in nearly 20 million avoidable deaths every year for the last two decades. This represents one out of every three deaths worldwide. Article 12 of the International Covenant on Economic, Social, and Cultural Rights establishes the right of all people to enjoy the highest possible level of physical and mental health. The concrete meaning of that right is not clear, however, and has been interpreted in a variety of ways in different contexts.

Bearing in mind the inequalities in health, both between different countries and between different sectors within each country, FUNDEPS supports a worldwide campaign based on the human right to health. This campaign seeks to ensure that governments guarantee conditions that allow all people to be healthy. It also recognizes the importance of existing international laws, at the same time noting how difficult it is for those in need to assert their rights with these laws. The Framework Convention on World Health being convened will reinforce international laws and extend their reach to our communities, to create the conditions for the health and wellbeing of all people.

The first manifesto of the campaign reads: “We affirm the right of all people to enjoy the highest possible level of physical and mental health. Making this human right a reality will require committed governments, a strong civil society, universal social protections, global solidarity, and other existing resources currently denied to the poor.”

Although this movement is still in the initial phase of investigation and dissemination it already has the support of academics, civil society, and international institutions.

FUNDEPS will be joining the campaign from Argentina, collaborating in investigative efforts needed to establish legal standards for the protection of health and also spreading the word about the initiative. Check this link for an invitation to sign the manifesto.

More information:

Initiative for a Framework Convention on Global Health

Health for all. Justice for all. Campaign for a Framework Convention on Global Health

Contact:

Juan Carballo, juanmcarballo@fundeps.org

Traducido por James Cochran

Más información:

Iniciativa por una Convención Marco sobre Salud Global

Salud para todos y todas. Justicia para todos y todas. Campaña por una Convención Marco de Salud Global

Contacto:

Juan Carballo

juanmcarballo@fundeps.org

The Committee on Economic, Social and Cultural Rights published their findings and recommendations for Argentina.

The Committee on Economic, Social and Cultural Rights (CESCR), a monitoring body of the International Covenant on Economic, Social and Cultural Rights published its findings and recommendations for Argentina in a process that contained a preliminary report carried out by the Argentine State and various shadow reports from civil society organisations, which can be seen in the list of documents attached to this Committee meeting.

Las recomendaciones del Comité de DESC para ArgentinaFUNDEPS, in collaboration with the Argentine Inter-American Heart Foundation and the O’Neill Institute for International and Global Health Law will present a shadow report focusing on the need to strengthen tobacco regulation in order to act against the serious consequences that smoking creates in Argentina. The report titled: “Tobacco Control in Argentina: progress and further challenges’’ is available on the Committee’s official website:

It should be noted that, taking this report into account, the Committee carried out specific recommendations for tobacco control in the following way: “The Committee recommends the State party to ratify the WHO Framework Convention for Tobacco Control and develop fiscal policies, pricing and raising people’s awareness in order to effectively reduce smoking, in particular among women and young people.”

As well as this, we highlight other recommendations related to the right to access adequate housing:

– The Committee urges the State party to ratify housing policies in order to guarantee everyone has access to adequate and affordable housing, with legal security of tenure.
– Furthermore, the State party is encouraged to fight effectively against speculation in the housing market, in land use and construction, taking into account its General Comment No.4 (1991), related to the right to access adequate housing.
-The Committee also urges the State party to adopt specific measures, legislative or other, so that people who have been victims of forced eviction can get alternative housing or fair and just compensation in accordance with the provisions in the General Comment No. 7 (1997), relating to forced evictions.

More information:

Observaciones finales del Comité de Derechos Económicos, Sociales y Culturales para Argentina
(Concluding observations from the The Committee on Economic, Social and Cultural Rights for Argentina)

Contact:

info@fundeps.org

Translated by: Rachel Henderson

As part of an NGO Coalition from Argentina, that submitted a document to the Committee on Economic, Social and Cultural Rights, Fundeps presented questions linked to the right to adequate housing.

Within the framework of the third reporting process to the Committee on Economic, Social and Cultural Rights, a group of NGOs submitted a paper with initial questions for the State of Argentina.  These questions will be addressed by the working group prior to the sessions taking place from 23 to 27 May 2011 in Geneva.  After this first discussion forum the Committee, in exercise of the duties enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), will submit a report of compliance with the obligations of this Covenant on behalf of Argentina. (The working agenda and reference materials, including that developed by this NGO alliance, can be found on the Committee website.)

A group of Argentine NGOs, coordinated by the Centre for Legal and Social Studies (CELS), developed this document raising deeper questions in response to the first report submitted on behalf of the Republic of Argentina.  The questions particularly relate to rights recognised by the ICESCR such as labour rights, the right to education, the right to health or the right of access to adequate housing.  Each of these rights are effectively Human Rights which generate corresponding obligations on the part of the Argentine State.  The document seeks further information regarding the actions taken by the State and draws the Committee’s attention to situations that involve violations of these rights.

The contribution from FUNDEPS was made in respect of access to adequate housing (ICESCR Article 11).  This section sets out, for example, that “the evictions are facilitated by a combination of policies that were already questioned by the ESCR Committee in their recommendations to the Argentine State in 1999.  Not only were these policies not modified but many provinces took inspiration from them in order to sanction measures which facilitate evictions in their own regions”.  Furthermore, it describes another problem in the sense that “in many cases, the location of social housing reinforces the residential segregation of the most disadvantaged sectors of society, depriving them of access to quality infrastructures and urban facilities”.  It is suggested that “in order to develop inclusive and sustainable housing policies and to control the price of land and rents, it is vital to adopt a national planning and land use law and to regulate the right to private property”.

Finally, some of the questions in this section include:

1. What conventions determine the location of the new house building schemes in the framework of the Federal Housing Plan?  What criteria are used to assign the housing and to decide the geographical distribution of the plan?

5.  What measures does the State intend to adopt to limit the anticipated evictions under the procedural policies which govern civil eviction procedures and the offence of usurpation?

6. What measures does the Argentine State plan to adopt in order to avoid families being left on the streets by the evictions?

Documents:

– Informe paralelo de ONGs al Comité de Derechos Económicos, Sociales y Culturales

Informe elevado por Argentina al Comité de Derechos Económicos, Sociales y Culturales

Contact:

Martín Juárez Ferrer

Director – Clínica Jurídica de Fundeps

martinjuarezf@fundeps.org

Translated by: Katherine Wingfield-Dobbs

The Córdoba Transparent Program deployed a local election observation mission that developed media content showing different aspects of the election day.

Delays in the arrival of the FIPE (Institute of Economic Research Foundation) to the polls Study of the single ballot used in the municipal elections of Córdoba Election Day from within

Contact:

César Murúa / Executive Director
cmurua@fundeps.org

Translated by Robyn Franklin

The Cordoba Transparente programme (an initiative carried out in conjunction with the foundation citizens 365 and FUNDEPS) presents it’s electoral mission report developed during the last elections in the province of Cordoba, Argentina.

In the context of the election of local authorities in Cordoba, the Cordoba Transparente programme (carried out in conjunction with the foundation citizens 365 and FUNDEPS) launched an Electoral Observation Mission with a double aim. On the one hand it monitors the functioning of a new electoral system, which is the result of a political reform put in place in 2008. On the other hand, it looks at consolidation of democracy, through an independent domestic electoral observation, a practice that is completely new in our province. This helps to us to progress further down the road that the electoral observation in Marcos Juarez started us on in 2010.

Following on from this, we present a Final Report on Electoral Observation that has been put together under the agreement reached by our own institutions and the judicial powers of the region, under the general guidelines for experiences and electoral observation missions of nationals and non-nationals approved by the regulatory agreement 1066/A of the high court of justice. The independent domestic electoral observation is for institutes lacking regulation in the electoral regime in Cordoba. As a consequence, The Cordoba Transparente initiative has put in place, the formalisation of a practice that we trust will over time consolidate and multiply between independent organisations in a serious and responsible way. Some of the most important general observations that are elaborated on in the report as follows:

  • Key delays in the opening of homes were created.
  • When they receive the vote, the authorities found themselves with unfinished items.
  • The electoral rolls that were taken in the establishment were not visible or hadn’t even been placed inside the school.
  • In the schools that were observed (throughout the region, where it was possible to know) the press were denied Access to the establishments at the time of vote counting.
  • Worries over the distribution of polls on the vote at 11am and at 5pm by local poll companies. Means of communication replicate the information at 6pm, worsening the infringement.

In particular, regarding the electronic vote, the current report presents a comparison of the systems used in Marcos Juarez in 2010 and La Falda in 2011, two cases that were both observed by the Cordoba Transparente Programme. The new system responds to the objections linked to the possibility of tracking voting, with the consequent threat to the secrecy of the vote. On the other hand, technicians within the licensed company acted as de facto attorneys at a time when there was no investigation of the source code of the software used, information that was not provided to politicians, attorneys or electoral observers. The following are a few more observations:

  • The first objection is linked to the choosing of the location to implement the new voting mechanism. The citizens of Marcos Juarez need to learn to use the electronic vote in 2010 and then ‘unlearn’ the system to qualify as a single ticket.
  • As they have already indicated, the citizens think there has been insufficient training, which is evidence of the difficulties that some voters are facing
  • The training via simulations of electronic voting carried out in the same school, on the same day of voting, used official images of the candidates, which motivated questioning amongst voters (asked directly to the Cordoba Transparente observers) regarding the risk that this entails for the secrecy of the vote. In light of this, the company says that proper electoral justice had imposed these conditions of simulation.
  • Experts in the company MSA are reconsulting with electoral public attorneys who require a revision of privatisation of the electoral system if they are hoping to put electronic voting in place throughout the region.
  • If the technical errors were minor (imperfections to do with the chips, ballots, or printing) work must be done on the details of the system for a possible large scale application
  • The source code of the software that the machines use was not integrated with political parties, electronic taxes, or the observers of Cordoba Transparente when they asked. To audit this, the parties could only do it when accompanied by MSA technicians. No party audited the source code.

More information:

Informe Final de Observacion Electoral

Contacto:

César Múrua / Director Ejecutivo

cmurua@fundeps.org

Translated by Luke Sidaway

#CBAvota #boletaunicaCBA This coming Sunday 7th August, report on what you see at your polling station and tell us about your experience using the new Boleta Única voting system (where voters receive one ballot paper showing the names of all candidates, as opposed to the old system where voters would receive a separate ballot paper for each candidate). You can do this through your Twitter account or by sending an SMS to 351 2581379. 

Next Sunday, 7th August, provincial authorities will be elected across Córdoba for the first time using the new Boleta Única voting system, as well as an electronic vote pilot to be tried out in La Falda. On that day, the Córdoba Transparente programme (a joint initiative between FUNDEPS and Ciudadanos 365) will reveal its domesticElectoral Observation Mission.

Non-governmental organisations have been authorised for the first time to take charge of the electoral observation process in Córdoba. Córdoba Transparente’s observation team will invigilate the running of the polling booths which will be using the electronic vote in La Falda and the Boleta Única voting system in other localities of the province, gauging the electorate’s perceptions in the use of these voting methods. They’ll also be present at the counting centres in La Falda and Feriar to monitor the scrutinising processes there.

Voters’ observation of the new system

To complement the work carried out by the observation team, we would like to invite all voters to become electoral observers themselves on polling day by using your mobile phones and social networks. By sending us an SMS to 351 2581379 or by posting on our Twitter account (with the hashtags #CBAvota y #boletaunicaCBA) all citizens will be able to report on what they witness at their polling station and tell us about their experience of using the Boleta Única voting system.

We aim to complement the work carried out by the electoral observation team with the perspective of every citizen, meaning we’ll all be contributing to a transparent and democratic process. The lessons learned from this experience will be implemented in October’s national elections.

How to report via SMS? (without additional charges)

It’s really simple, all you have to do is send us an SMS to 351 2581379 with your report, indicating your polling station. Your SMS reports are received via the FrontlineSMS system and posted anonymously on the @CBAvota Twitter account.

In order to receive a reminder on polling day, you have to send us an SMS with the word VOTO before Sunday.

To avoid your report being posted on the @CBAvota Twitter account, you must precede your message with the wordNOPUBLICAR.

If an SMS was sent to you in error and you don’t wish to receive anything else from the number 351 2581379, reply with the word DESUSCRIBIR.

What can citizens report to us?

Problems getting the polling booths open on time;

Delays in casting votes;

Difficulties in using the Boleta Única voting system;

Propaganda used by a candidate or the use of party emblems;

Orientation or inducement to vote a certain way;

Hampering of the vote;

The absence of election officials at the polling station, etc.

We also invite you to make any other comments relating to the electoral process and use of the Boleta Única voting system.

To find out more about the elections: www.eleccionescordoba.com.ar – http://www.eleccionescordoba.com.ar/ is where you can look up where to vote (Electoral Register) and have a go on a Boleta Única simulator.

Translated by Thomas Mcguinn

The social and cultural economic rights Committee has published a list of issues that should be considered when examining the third periodic report on Argentina, highlighting questions on the access to adequate housing.

Continuing in the process of analysing and reporting on the obligations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) the DESC committee published a document listing the issues that should be tackled when examining the third periodic report on Argentina. In the development of this document, the Committee recalled the presentations carried out by civil society organisations, such as the general document coordinated by the Centre of Legal and Social Studies (Centro de Estudios Legales y Sociales-CELS-) in which FUNDEPS worked with the recommendations and questions regarding the right to access adequate housing.

In the recently published document, the Committee puts questions to the Argentine government regarding the general obligations of the pact and the specific rights that were promised to be guaranteed. Regarding the right to access to adequate housing, some questions put forth by FUNDEPS in the text presented by the Argentine NGO Alliance ( Alianza de ONGs de Argentina) stand out. In the text, it was stated that “the federal state has, in the last seven year, executed a housing policy on a larger scale than in previous policies, the scope and effectivity of this policy are limited. Equally, there is little clarity regarding the criteria used to decide whether to build in one jurisdiction and not another” As such, enquiries were made into a national housing policy and its articulation on different levels. Additionally, there were questions in the document regarding “the precautions the Argentine state will adopt to avoid evictions leaving families out on the street”, something that is also suggested by the Committee when questioning whether their general comment 7 is being fulfilled. A comment that, amongst other recommendations, states that “evictions that leave people without housing and exposed to the violation of other human rights should not take place.” Below, we present some of the questions submitted by the DESC Committee to the Argentine government.

Initial Information and General Dispositions of the Pact.

Please notify the Committee if the party state is considering the possibility of ratifying the First Optional Protocol of the Pact

Please provide the last available statistical data on the socioeconomic situation of indigenous peoples, particularly on the impact of poverty, life expectancy, literacy rates and access to employment.

Please notify if the party state has implemented their public policies and/or action plans to modify and eliminate attitudes, cultural practices, ingrained stereotypes and discrimination against women in the party state and provide information on its implementation where applicable.

Specific Dispositions of the Pact

The Right to Work

Please provide current and broken down data on employment in the informal sector, with an indication of the policies, programmes and measures adopted by the party state to assure access to basic services and social protection of those employed in this sector, particularly women.

The Right to the Enjoyment of Equitable and Satisfactory Working Conditions

Measures carried out by the party state to guarantee the right to the enjoyment of equitable and satisfactory working conditions in the informal sector, including migrants who find themselves in an irregular situation and especially regarding women.

Union Rights

Please clarify if the right to strike, enshrined in the Constitution, is fully guarantee in practice and if it can be exercised by all registered unions, regardless of their position in accordance with the Law of trade union associations

Protection of Family, Mothers and Children.

Please describe the planned or adopted measures to prevent situations of forced labour, especially in the textile industry in rural areas.

The Right to Access to Adequate Housing

Please provide up to date information on the measures adopted by the party state to guarantee that evictions are carried out in accordance with international principles and directives and general comment No 7 (1997) of the Committee regarding the right to adequate housing: forced eviction.

Please clarify if there is an existing national housing policy and if it includes the principles of the right to adequate housing, including culturally appropriate alternatives for indigenous peoples.

Please provide information on the measures adopted by the party state to improve access to water and sanitation that is insufficient in quantity and quality in rural areas.

The Right to Physical and Mental Health

Please formulate comments on teenage pregnancy rates, secret abortions and sexually transmitted diseases in the party state and provide information on the measures carried out by the party state to guarantee that teenagers have access to public sexual and reproductive healthcare services and a comprehensive sexual education.

The Right to Education

Please provide information on the concrete measures adopted to tackle elevated disparity in the access to primary school education and the subsequent educational levels between the City of Buenos Aires (Federal Capital) and the rest of the country.

Documents:

Observación General 7: El derecho a una vivienda adecuada: los desalojos forzosos

–  Comité DESC: Listado de temas a abordarse en el examen del tercer informe periódico de la Argentina