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Projects financed by the IDB during the pandemic in Latin America: risks and benefits for whom?

On June 16, we participated in the WEBINAR in which the document was presented: “Investments of the Inter-American Development Bank for the response and recovery to COVID-19 in Latin America. Risks and benefits for whom?”, created in collaboration with more than 10 civil society organizations, including Fundeps.

“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”.

It is widely known that the Multilateral Development Banks have a fundamental role in the response and recovery to COVID – 19, this is due to their ability to rapidly mobilize financing to support and help countries respond to the impacts it has generated. this unforeseen situation. Within Latin America, the Inter-American Development Bank (IDB) plays a key role in this regard, since, in 2020, it approved 7.9 billion dollars and, as of June 2021, it had approved 597.6 billion dollars.

There is a tendency on the part of the Multilateral Development Banks to consider projects related to health issues, as having a lower risk of environmental and social damage, so the application of safeguards to these projects tends to be less rigorous. Added to this is the fact that many of the projects were approved with a rapid disbursement or fast track modality, that is, with shorter preparation times and environmental and social due diligence.

However, the findings of the presented report show that the implementation of this type of health projects and others in the context of the pandemic, have a significant risk of harm, especially when the groups most susceptible to contracting COVID-19 are excluded. of access to the benefits of the project. The context of crisis is worrying due to the tendency of the Multilateral Development Banks to make environmental and social parameters more flexible in pursuit of rapid responses.

The document presents six recommendations resulting from the analysis of the post-pandemic Latin American situation. They emphasize the importance of taking into account marginalized groups, such as those most likely to be affected and relegated in a crisis situation, and highlight the need for transparency and risk assessment to prevent extraordinary measures that restrict space from being perpetuated. public.

Within this framework, the webinar aimed to generate a space for discussion on the main findings in relation to the social and environmental due diligence processes of IDB investments, approved during the COVID-19 pandemic.

At Fundeps we promote the application of socio-environmental regulatory frameworks, accountability mechanisms and access to information in projects linked to financing for development, even (and even more so) when they occur in an extraordinary context of pandemic.

 

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Authors

  • Lourdes Alvarez Romagnoli
  • Valentina Rasso

Contact

Gonzalo Roza – gon.roza@fundeps.org

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Civil society organizations call for public policies free from interference from the tobacco industry

The tobacco industry continues to meddle in public policy. Argentina still has not ratified the Framework Convention on Tobacco Control. Civil Society Organizations issued a Public Declaration warning about the importance of guaranteeing non-interference by the tobacco industry in health decisions.

“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”.

From civil society organizations, through the signing of a declaration, we request the non-intervention of the tobacco industry in the design and execution of public health policies -among them the advance with the complete prohibition of promotion, advertising and sponsorship of tobacco products-and the ratification of the FCTC, understanding that said treaty grants the States key tools in the fight against smoking.

There is a fundamental and irreconcilable conflict between the interests of the tobacco industry and the interests of public health; because it produces and promotes products whose harmful consequences have been amply demonstrated by scientific evidence.

For more than 80 years, the industry has been deploying its strategies to interfere in the establishment and application of tobacco control policies. These tactics, which seek to promote tobacco use, are targeting increasingly younger populations, and existing regulations are often ineffective in dealing with them.

All of this occurs within a framework that seeks to incorporate new tobacco and nicotine products into the market, in order to position them as part of the solution to an epidemic that the industry itself generates and that claims the lives of almost 8 millions of people around the world. Thus, these products come to position themselves as one more strategy that seeks to undermine the policies achieved in terms of tobacco control.

Likewise, Argentina is one of the few countries in the world that has not yet ratified the first public health treaty on tobacco control, a key tool in guaranteeing transparency and the non-intervention of the tobacco industry in health policies. But why is the ratification of the Framework Convention on Tobacco Control (FCTC) important to guarantee non-interference by the industry?

The FCTC is the first global public health treaty, which came to give a global response to the tobacco epidemic. The treaty provides for various strategies aimed at reducing the supply, demand, and harm caused by tobacco products, including a complete ban on tobacco marketing, increased tobacco taxes, and other measures. But it also expressly establishes the protection of public policies and tobacco control against commercial interests and others created by the tobacco industry.

 

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Digital strategies of the tobacco industry: how it is convincing us to buy its new products

The tobacco industry does not sleep and constantly reinvents itself: from new supposedly healthy products, to the ways of advertising them and reaching more and different audiences. We tell you in this note what are the main strategies and scapegoats used to convince you that these products are not only healthy, but even ensure a life full of success and luxury.

“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”.

NEW PRODUCTS ON SOCIAL NETWORKS

When it comes to tobacco companies, renovation and reinvention are never lacking to maximize their profits, sell new products and attract more and more consumers, mainly children and young people. Faced with this, it is essential to be able to identify the main platforms for disseminating these products and the misleading and false advertising messages.

Based on a survey we carried out on social networks – a great platform for disseminating new tobacco and nicotine products – we identified different techniques and strategies to convince consumers that the new products are attractive and even healthy.

First of all, the tobacco companies try to sell their new products, such as the electronic cigarette, as something innovative, different and even better than the traditional cigarette. Through the use of hashtags such as #Vapearsalvavidas and #Vapearnoesfumar, the tobacco industry seeks to “wash” its traditional image of an unhealthy industry. In this way, the vape is presented as non-toxic or harmful to health, and the World Health Organization and various studies have shown that this is far from being the case.

PUBLICATION POSITIONING THE VAPE AS DAMAGE REDUCED

 

PUBLICATION RELATED TO FOODS TO IDENTIFY THE FLAVORS

On the other hand, tobacco companies take advantage of the image of famous people and influencers to promote their products and increase the level of their sales. What is the goal of this strategy? Associate the use of electronic cigarettes with success and with hegemonic lifestyles, to convince us that if we buy these products, we can also access a life full of leisure and luxury.

PUBLICATION WITH IMAGES OF CELEBRITIES

Other strategies to strengthen your advertising presence on social networks consist of the use of memes and the launch of promos and raffles. Through these tools, tobacco companies carry out fun and attractive marketing campaigns for social network users, using a familiar, visual and eye-catching language to sell their products.

PUBLICATIONS OF PROMOS AND SWEEPSTAKES

It is urgent that this type of strategies, campaigns and misleading advertising be unmasked, so as not to create or spread the consumption of products made with tobacco and nicotine, which are harmful to health, and which put youth and children at particular risk.

THE NEW PRODUCTS IN GRAPHIC MEDIA AND TV

Although without a doubt the main means of dissemination of these new products are social networks, TV and graphic media escape our clutches. The following graphs, obtained from our survey, show their presence on these platforms.

Percentage of news connotations found in television media coverage.

Percentage of news connotations found in graphic media coverage.

Distribution of news in graphic media according to the provinces where they were published.

Media coverage between 2019 – 2022 found with the selected keywords, by province. The national average is represented by the orange horizontal line (national average= 11).

Evolution over time of the graphic media coverage found with the selected keywords, depending on whether it is national or provincial media.

Evolution over time of television media coverage found with the selected keywords.

 

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Author

Sofía Armando

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

 

This content is financially supported by the International Union Against Tuberculosis and Lung Disease (The Union) on behalf of STOP, a global tobacco industry monitoring initiative. The content is completely independent from an editorial point of view.

 

 

 

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Industry interference in the regulation of tobacco and nicotine products

It is not new that, based on different marketing strategies, the tobacco industry has been making us believe for more than 80 years that consuming its products will make us more cool, have more success in our lives or see ourselves much more attractive. for the sole fact of smoking. However, these are not the only tactics they use to stay in the market.

“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”.

Although there is evidence about how harmful tobacco is, there is still a lot of work to be done regarding its regulation. According to data from the World Health Organization (WHO), it is known that tobacco kills up to half of the people who consume it, and each year more than 8 million people die from it. More than 7 million of these deaths are due to direct consumption and about 1.2 million are due to the exposure of non-smokers to second-hand smoke.

One of the causes of these statistics is that tobacco companies use various interference actions. What does this mean? Who use a wide range of tactics and strategies (direct or indirect) that interfere with the establishment and application of tobacco control policies. Many times they are clear and easy to identify, but in most cases, they are not. That is why in this note, we tell you what are some of the interference strategies that can be observed in our country so that you do not believe it…

How does the industry interfere in our country?

Following the criteria of the Regional Interference Index, (a global survey that was supported by STOP and in which more than 20 Latin American NGOs participated), and reviewing national public databases, the following interference strategies were listed by part of the tobacco industry:

  1. Lobby: It is called in this way when members of the tobacco industry carry out permanent and sustained lobbying on national officials, by requesting meetings. This can be corroborated by checking the open database of the Single Audience Registry. Although the greatest lobbying activity is generally linked to tax pressure, the commercialization of “new products” in Argentina is also an issue that is brought up in conversations between senior staff of tobacco companies and national officials.
    Through the analysis of the databases of audience records, it can be seen that the representation of the two main tobacco companies operating in Argentina (British American Tobacco and Philip Morris International) doubled in recent years (2004 to date ); and from 2017 to date alone, 34 formal meetings were held between industry representatives and national government officials. In addition, these meetings were held more and more frequently: as of 2016, the time between meetings was shortened: from meeting every 7 and a half months; lobbyists and officials began to meet every 4 months.
    At the provincial level there are no open records on the officials’ agendas.
  2. Economic pressure. The industry asks to lower taxes under threat of putting at risk the future of the companies and the jobs that depend on them: executive positions of the tobacco companies and spokespersons of the industry claim for the “tax pressure”. In turn, provincial officials and national and provincial legislators put pressure on alleged delays in the transfer of resources through the Tobacco Fund, which in practice is a subsidy for tobacco production.
    56% of the hearings held between September 2016 and March 2022 in official offices to deal with issues related to tobacco, were motivated by the claim for marketing taxes or production subsidies.
  3. Conflict of interests. It is configured when representatives of the tobacco industry and/or public officials have personal interests that interfere when making decisions. In this sense, according to the Regional Interference Index, a very common practice is the “revolving door”. This term refers to when officials (current or retired) become part of the tobacco industry; or when former industry employees accept government positions (positions, of course, from which they have the power to regulate the sector in which they once worked).
  4. Unnecessary forms of interaction. Article 5.3 of the WHO Framework Convention on Tobacco Control, which constitutes a standard on the matter, defines the “necessary” interactions between the government and the tobacco industry: the interaction between the parties should take place only when and in to the extent strictly necessary to enable effective regulation of the tobacco industry and tobacco products. In this case, these interactions should be fully transparent and, as far as possible, carried out in public (such as public hearings). In addition, everything must be recorded in public records. All interactions between the tobacco industry and public bodies that do not respect these conditions, we call, by contrast, as unnecessary interactions.
    In this sense, in Argentina “alliances have been created to combat the illicit trade of tobacco products” and in this framework a public entity has emerged that has explicit links with the tobacco industries: the Civil Association of Anti-Piracy. This association assumed the spokesperson for the tobacco companies by raising before national authorities the “scourge of piracy” and “evasion in the cigarette sector and the taxability of new products”; allowing them to maintain interactions that we can classify as “unnecessary”.
  5. Promotion of the tobacco industry through “socially responsible” activities. It consists of influencing the public agenda through corporate social responsibility programs. Currently, the tobacco industry deploys eight programs in the country under this umbrella, a scheme that allows it to link economically with civil society entities and politically with provincial government leaders.
  6. Sabotaging legislative processes. Argentina still has not ratified the WHO Framework Convention for tobacco control through an act of Congress. A survey of the databases of the Chamber of Deputies and the Chamber of Senators of the Nation reveals that, from 2003 to the current legislative period, 33 bills were entered –15 in the Senate and 18 in the Deputies– postulating adhesion to the Framework Agreement, without any of them managing to reach the plenary.

What conclusions can we draw?

The data collected exposes the power that the tobacco industry has in our country, and how they can exert pressure so that tobacco control policies are slow in coming or ineffective. In addition, it must be added that all this is taking place in a context of pressure to be able to incorporate new tobacco and nicotine products into the market.

Although advertising plays a crucial role in the generation and maintenance of the smoking habit, and progress has been made in its regulation, only three Argentine provinces have a total ban. We need to be able to clearly identify how the tobacco industry interferes, preventing advances in regulations on the subject.

It is essential, for example, that Argentina ratify the Framework Agreement for Tobacco Control; since it proposes comprehensive strategies that allow working on health policies that make it possible to reduce the consumption of tobacco and nicotine. Implementing the measures of the Framework Convention and giving them time to produce results is the most effective approach to address this epidemic.

 

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Author

Lourdes Aparicio

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

This content is financially supported by the International Union Against Tuberculosis and Lung Disease (The Union) on behalf of STOP, a global tobacco industry monitoring initiative. The content is completely independent from an editorial point of view.

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We adhere to the statement against the aggression against environmental defenders at the UNC

Within the framework of the “Educational Forum: skills for global citizenship”, the current and outgoing rector of the University, offended environmental defenders who were demonstrating before representatives of the Andean Development Corporation on the Punilla highway.

“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 June 15 at the UNC, an event was held in which representatives of the Andean Development Corporation (CAF), a multilateral financial institution that finances the Punilla highway project, were present. In this context, the environmental defenders demanded that the CAF authorities violate the environmental safeguard systems, and the impact on the environment that the project implies.

Faced with this intervention, the current rector of the National University of Córdoba, Hugo Juri, who represented the institution at the conference, publicly offended environmental defenders by associating their actions with the financing of institutions linked to the Nazi genocide, among other sayings.

This undoubtedly constitutes an act of violence and intimidation that seriously affects the guarantees incorporated in the Escazú Agreement. It is that the art. 9th of the treaty protects environmental defenders, guaranteeing them a safe and conducive environment for the exercise of their rights to protest, opinion and freedom of expression. In addition, it obliges the authorities to adopt measures to prevent and punish attacks, threats or intimidation.

In repudiation of the actions of the rector Juri, we adhere to the statement made by the teachers and researchers of the UNC, requesting the retraction and request for an apology towards environmental defenders, and we demand the adoption of measures that protect their fundamental rights.

 

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Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

 

*Photo taken from the Museum of Anthropology website

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We participate in the Environment and Education Commission of the Provincial Legislature

On June 9 of this year, we were summoned, together with other representatives of civil society, to participate in the meeting of the Environment and Education Commission of the Provincial Legislature.

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

The purpose of the meeting was to present the Circular Economy Summit and discuss the bill for provincial adherence to the National Law on Comprehensive Environmental Education. The project aims to incorporate the tools and guidelines to implement Comprehensive Environmental Education into the framework of local environmental policies.

The opening of the meeting to people and organizations that work on environmental issues at the local level is part of a good practice that the Commission has been implementing for certain initiatives, such as adherence to the Yolanda Law. A valuable space in which those who were part of it were able to offer their opinions on the relevance of Comprehensive Environmental Education and make suggestions for the project. This strengthening of instances of participatory democracy is undoubtedly in accordance with the commitments assumed in the Escazú Agreement.

In relation to the project, although it is an adhesion, it constitutes an important starting point to design strategies that allow modifying the cultural and ethical bases of the current production, commercialization and consumption systems in society. The comprehensive education proposed by the law has the virtue of addressing both formal and informal educational contexts, media and public policies in a transversal way.

Although the project plans to incorporate into the provincial regulations the same text as that provided for in the national law, through adherence, we believe that some institutions should expressly provide for it in the local version. From Fundeps we explained the reasons why we believe that the law should provide for the following items:

Basic guidelines for the construction of the Comprehensive Environmental Education Jurisdictional Strategy (EJEAI)

The EJEAI is the instrument of permanent and concerted strategic planning, with scope in formal and non-formal areas of education, information technology and communication media, with a participatory, territorialized basis.

It is outlined as a fundamental and main instrument to develop Comprehensive Environmental Education at the provincial level. At this point we believe that the law should expressly mention the basic guidelines for its configuration, such as: anchoring in the socio-environmental problems and conflicts of the Province, empowerment in the exercise of access and environmental rights, public participation devices, among others.

Executive Coordination of the Jurisdictional Strategy

We maintain that the law should expressly incorporate the creation of the Executive Coordination of the strategy, determining -just like the national law- the method of conformation of the body, to carry out the management and administration of the strategy.

Local Advisory Council

We recommend that the local law expressly incorporate the creation of a local Consultative Council made up of diverse actors, in charge of providing support and feedback to the Coordination for the implementation and monitoring of the Jurisdictional Strategy.

Beyond the fact that we consider that the recommendations provided would generate a superior project, we recognize the importance of adhesion and we celebrate the parliamentary work on this path, especially when it is implemented based on the participation of civil society.

 

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Contact

Juan Bautista López, juanbautistalopez@fundeps.org

 

* Photo taken from the Diario Comercio y Justicia

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Active Transparency: discussion on good practices and challenges

On Friday, June 3, the meeting Current practices and challenges in Active Transparency was held. The cases of Mendoza and the Autonomous City of Buenos Aires (CABA), organized by the group of NGOs that make up Fundeps, Nuestra Mendoza, the Center for the Implementation of Constitutional Rights, the Legislative Directory, Andhes, Salta Transparent and Acción Colectiva.

“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 discussion took place in virtual mode and is the first activity to be carried out within the framework of the Debate Cycle on Transparency 2022, promoted by the group, with the aim of proposing conversations with officials in charge of the transparency agendas of different provinces and localities of the country. The proposal aims to generate an environment conducive to debate and exchange of experiences that contribute to strengthening the practices of active and passive transparency of all public powers and the effective exercise of these rights by citizens.

On this occasion, we spoke with Diego Seoane, Deputy Director of Access to Public Information (AIP) at the Office of Administrative Investigations and Public Ethics of Mendoza, with María Gracia Andía, Head of the guarantor body for Access to Public Information, and with Fernanda Araujo, Information Architecture Manager, both from CABA.

The first part of the meeting was dedicated to the institutional design of each jurisdiction and how they comply with the obligations of active transparency, that is, in what these levels of government must publish ex officio, given that both have laws that oblige them in this regard. . In this sense, Diego Seoane commented that in Mendoza, by Law No. 9070 of 2018, a single enforcement authority was established, which is the Office of Administrative Investigations and Public Ethics. It governs all the powers of the State and has jurisdiction over other laws such as the Public Ethics and Clean File. Within this Office, the Sub-Directorate for Access to Public Information, which is made up of two people, is the enforcement authority in everything related to AIP, it is the body for appealing requests for information and, in turn, has the function of control compliance with the active transparency of all regulated entities. The role of the Sub-Directorate is complemented by that of “Guarantor Officials” in each of the regulated entities, who are in charge of both the obligation to respond to requests for information and the active publication of information that provides Mendoza’s law.

Desde las expositoras de la Ciudad Autónoma de Buenos Aires, consulte que la ley N° 104 de 2016 estableció una estructura de dos niveles, compuesta por Órganos Garantes y Autoridades de Aplicación en cada uno de los poderes de la ciudad (Ejecutivo, Legislativo y Judicial). Las funciones de estas autoridades se complementan, los Órganos Garantes tienen la función general de promover este derecho, generar informes, elaborar convenios, realizar auditorías de oficio y actuar en caso de denuncias por incumplimiento de la ley en el poder del que depende. Por su parte las Autoridades de Aplicación gestionan los pedidos de información pública, cumplen con las obligaciones de transparencia activa, orientan a la ciudadanía en el ejercicio de este derecho, capacitan a los sujetos obligados dentro del poder correspondiente, entre otros. A su vez cuentan con las figuras de Enlaces para el cumplimiento de la transparencia pasiva, y de Referentes Institucionales y Operativos, para las obligaciones de transparencia activa en cada sujeto obligado.

In a second, they consulted on a practical practice of each dependency and the main challenges they noticed in the exercise of their functions. From Mendoza, the systematic monitoring that was done in the passive transparency process was highlighted as a good practice, that is, the requests for information that were made, which directly impacted the improvement of the active transparency process. He cited, for example, that from 130 requests made to the Housing Institute, they dropped to 30 once the information was made available and their website was improved. He also highlighted the fact of having a direct transparency button in each obligated subject and locating there everything that the law stipulates. He stated that this was a great advance because in the early stages, the information was recorded but it was disordered and even redundant. From CABA, the Transparency Portal appeared, which concentrates the active transparency obligations of the city government and the Active Transparency Index, which is a tool created to monitor transparency policies and access information therein. They also shared some experiences of focused transparency, that is, of specific interest for a certain group or group of people, such as a Guide that was prepared with synthesized information for Heads of Single-Parent Families.

In relation to the challenges, from Mendoza, although they affirm that the institutional design given by the law is correct, they consider that with a better organizational structure they could fulfill their functions more efficiently. Then, a challenge shared by both jurisdictions, although each one has different designs and tools, had to do with the constant improvement in the implementation of transparency and access to public information laws. As well as other citizen demands. Emphasis was also placed on improvement in terms of accessibility, clear language, access for people with different abilities, among others.

Finally, and in coincidence with the audience and the civil society organizations organizing the event, the need to make sustained progress on transparency and access to public information by all branches of government, that is, the Legislative Branches, was considered. and Judicial.

Contact

Nina Sibilla, ninasibilla@fundeps.org

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What is the progress of the Yolanda Law in Córdoba one year after its sanction?

The provincial adherence to the Yolanda Law of mandatory training in environmental matters for people who exercise the public function completed one year. After the stage of construction of basic training guidelines, the Executive Power began to dictate the training.

“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 May 2021, the Provincial Legislature passed Law No. 10758 of the Province’s adherence to National Law No. 27592. This provides for mandatory training on the subject of the environment, with a perspective of sustainable development and with special emphasis on climate change. for all people who perform public functions at all levels.

Although the regulations cover the three powers of the State, to date only the beginning of the training in the field of the Executive Power has transpired. Due to this situation, and given the importance of generating this type of training for those who design and implement public policies or resolve environmental conflicts, monitoring its implementation is essential.

For this reason, we ask the three powers of the State for public information on the degree and progress in the implementation of the law. The request for access to public information becomes an important tool when the data is not available to citizens, as long as there is a response from the authorities.

More information

 

Contact
Juan Bautista López, juanbautistalopez@fundeps.org

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Favorable tax ruling on access to public information

Within the framework of an amparo for default due to the lack of response from the Municipality of Córdoba in a request for public information, the attorney general stressed that “The plaintiff Foundation was forced to go to court to obtain action on the part of the Management.”

“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 May 2, we obtained an important judicial pronouncement regarding the right of access to public information, in the context of the injunction for default filed due to non-compliance with four requests for information filed in different areas of the Municipality of Córdoba. Before delving into the pronouncement, we recall some basic issues on the subject:

What is considered public information?

It is all types of data contained in documents of any format that are generated, obtained, transformed, controlled or safeguarded by the Public Administration at its different levels and by those subjects who have received public funds.

What does the right of access to public information imply?

It includes the possibility of any person to freely search, access, request, receive, copy, analyze, reprocess, reuse and redistribute public information. This right applies in a broad sense to all information in the possession of public bodies, including all controlled and archived information in any format or medium. It is important to mention that this right has an instrumental nature for the exercise of other rights, especially by those who are in subordinate or vulnerable positions, since it is only through precise knowledge of the content of human rights and their forms and means. of exercise that can be effectively accessed to its full enjoyment and enjoyment.

So anyone can request public information?

Yes, Law 27275 on the Right to Access to Public Information establishes that “Every human or legal person, public or private, has the right to request and receive public information.” In Córdoba there is an important precedent of the Superior Court of Justice that also establishes that “the human right of access to public information must be analyzed from a broad and holistic perspective.” and that “this right corresponds to every person without the need to prove any interest or special legal situation, accepting a broad legitimacy that includes both action in administrative and judicial courts.” The way to access it is through a request for public information.

And what is a public information request?

It is that request that is made in writing or by electronic means and without any formality, of all that information generated, administered or in possession of the organs of the Executive, Legislative, Judicial State, Municipalities and Autonomous, local Political Parties and any organization that engage in public spending.

The only requirement that is imposed is that the request for information must be submitted to the regulated entity that possesses it or is presumed to possess it. It can be done in writing or by electronic means and without any formality, it is only enough to indicate the identity of the requesting person, the clear identification of the information requested and the contact details, in order to send the information or announce that it is available.

All requests for public information must be satisfied within a certain period: in the case of national organizations it is 15 business days, while in the Province and the Municipality of Córdoba it is 10 days. In all cases, the Administration may request extensions, and must justify it.

But what happens in practice?

Our experience with the request for public information at the different levels and state areas is very uneven. While at the national level, and thanks to the mechanisms provided for by Law 27275, requests for information are usually answered in a timely manner, at the provincial and municipal level, in most cases, we do not receive a response within the stipulated period. This lack of response forces us to prosecute requests for information through the filing of injunctions for default.

Given this situation, once the demand is admitted, it is transferred to the Administration so that it can present a report explaining why it is in arrears, that is, why it did not provide the requested information. In most cases, faced with this transfer, the Administration produces the information that had been requested, notifies the petitioner, and then reports it in the file, requesting that the legal case become abstract, because the information has already been delivered. . In this type of case, the court usually resolves in this sense, declaring the cause abstract and imposing the “costs by order”. This means that the Administration should not bear any type of expense when requests for information are prosecuted, even when it is its attitude that forces the petitioners to initiate an amparo proceeding.

A change of criteria in the tax opinion

Through Opinion No. 344 issued on May 2 in the case “Foundation for the Development of Sustainable Policies C/ Municipalidad de Córdoba – Amparo Ley 8803”, File. No. 10221471, the Public Prosecutor’s Office ruled establishing an important criterion in terms of amparos for default and right of access to public information. In this trial, the Municipality of Córdoba filed an appeal against the Chamber’s ruling, for disagreeing with what was resolved on costs.

The prosecutor understood that “at the discretion of this Public Ministry, there is a winner and a loser by the force of the facts, and in direct relation to the object pursued by the applicant; because however it may be, the Administration complied with the dictation of the administrative act, but outside the term that the law contemplates and due to a judicial process. And therefore, his situation is equal to that of the vanquished.”

In this sense, it affirmed that “The plaintiff Foundation was forced to go to court to obtain action on the part of the Administration. It does not seem fair or reasonable that the claimant should bear the expenses and fees accrued by him for the processing of a case whose origin is negligent conduct on the part of the Administration and the exercise of a constitutional right. It is for this reason that the theft of judiciary matter produced in the proceedings does not imply in any way the displacement of the objective principle of defeat as a criterion for the imposition of costs”.

We welcome the Attorney General’s decision, as it sets an important precedent in terms of the right of access to public information. Thus, the exercise of a constitutional right cannot entail that the applicant bears the costs of a process that would not have existed if the administration had responded within the legal term. It is important to mention that this is not an isolated event, but rather a systematic practice of the Administration that limits access to information to those who have the economic and legal means to demand a response to information requests before the courts.

 

More information

Author

Noelia Salvia 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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We request to participate in the project of access to justice of the Judicial Power

The Office of Human Rights and Justice of the Judiciary of the province of Córdoba, carries out the research-action project on access to justice for vulnerable sectors. From Fundeps we request to participate by providing contributions.

“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”.

This project aims to develop strategies to improve access to Justice for groups in vulnerable conditions. A second edition of the project is currently underway.

In this stage, access to justice for migrant populations, native peoples, and cases that affect the environment will be worked on. According to the project’s website, it seeks to promote tools to facilitate access to justice, particularly for people or groups of people in situations of vulnerability. It is promoted as a participatory and collective public policy.

The preparation of protocols for access to justice in environmental matters constitutes an initiative in accordance with the commitments assumed by Argentina in the Escazú Agreement. In previous editions, protocols, rights booklets, among other tools aimed at the general public and justice operators were prepared.

In this framework, we ask the Judiciary to open mechanisms for the significant participation of civil society to provide input and enrich the process of building tools. We believe that in the framework of the Escazú Agreement, participation is emerging as an imperative for any policy that may have an impact on the enjoyment of access rights, including access to justice.

These types of initiatives are extremely valuable in a context where environmental problems and conflicts linked to access to public participation, environmental information and justice are commonplace.

Author

Ana Sol Olivera

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

*Image source: Justice Córdoba

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A judicial resolution with a focus on environmental defenders

Within the framework of the neighborhood camp in the town of Molinari for the construction of the Punilla Highway, the Cosquín Control Court resolved a habeas corpus action. In the resolution, the Court highlighted the obligation to guarantee a safe environment for environmental defenders in accordance with the standards set by the Escazú Agreement.

“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”.

As reported in the media, during the first weeks of May a self-convened group of neighbors was camping in the town of Molinari as a way of protesting against the construction of the Punilla highway. In favor of this group of people, a habeas corpus action was filed before the Control Court of the city of Cosquín.

Let us remember that this action is foreseen in article 43 of the National Constitution. In short, its purpose is to protect the physical freedom of people against any real threat or actual deprivation of liberty that is illegal (arrests/detentions).

After analyzing the situation, the Court gave the reasons why it considered that the requirements for the origin of habeas corpus were not met. He considered, based on the evidence collected, that no illegal arrest or detention had been carried out, nor was there a certain and imminent threat of deprivation of physical liberty.

However, the Court considered other rights at stake, such as the right to protest, petition the authorities, and opinion, among others. Thus, regarding the way in which the eviction of the neighbors by the security forces took place -according to his statements-, he considered that this should be the subject of investigation by the corresponding bodies (Prosecutor’s Office) forwarding a copy of the performances.

What is interesting and novel about the resolution is that, going beyond the strict object of the habeas corpus action, the Court assessed the statements of the neighbors in relation to what happened and the environmental nature of the protest. In this approach, he recommended to the police authorities and the Prosecutor’s Office that a safe environment be guaranteed for the exercise of these rights -as long as other rights are not affected-, citing and applying article 9 of the Escazú Agreement on environmental defenders. 

This treaty, let us remember, is the only international instrument that guarantees environmental defenders specific standards of protection of their rights. This protection framework is due to the fact that Latin America and the Caribbean is the most dangerous region for environmental defenders (227 deaths in 2020 according to the Global Witness Foundation).

Although the Escazú Agreement has been in force for a year, the resolution of the Cosquín Control Court would be the first judicial precedent in the Latin American and Caribbean region to apply the provision on environmental defenders of Escazú to guarantee a safe environment in accordance with recorded to date Even in the absence of specific regulations at the local level, these clauses are fully operational and must be applied by all state authorities. Undoubtedly, the jurisprudential advance constitutes a strong impulse on the road towards the effective implementation of Escazú.

 

See judicial resolution of the Control Court

More Information

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

 

*Photo taken from La Izquierda Diario

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Hearing of the Plan of Goals of Córdoba: we request to improve access to public information

Last Thursday, May 5, we participated in the first annual review hearing of the 2020-2023 Goal Plan of the city of Córdoba. We focus on the need to improve the exercise of the right of access to public information.

“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 Plan of Goals was established in the city of Córdoba in June 2011 and obliges each municipal administration – at the beginning of it – to present the goals that it intends to achieve with its government program, with objectives and indicators of their evolution. . The management of the current Mayor Martín Llaryora established a Plan of 418 goals, framed in 36 objectives, grouped into 5 strategic axes: Modern and innovative municipality, City that provides quality services, Attractive and planned city, Sustainable city and City of opportunities and inclusive.

Every year, and through the Deliberative Council, a Public Hearing must be held where compliance with the Plan of Goals is reported. It is anticipated that the Intendancy must participate in this Hearing as an informant member. This is also an opportunity for civil society organizations, neighborhood centers and citizens in general to make their contributions and comments on the Plan of Goals and its evolution.

Our Participation in the Public Hearing

The hearing took place on Thursday, May 5 from 9 a.m. virtually, through the Zoom platform, and could be followed on the YouTube channel of the City Council. To participate it was necessary to register in advance through a form provided by the Municipality.

One of our first observations had to do with the fact that it was convened with very little notice – 2 days – and, in our opinion, had little diffusion. In our case, we learned about it from the diffusion made by the Red Ciudadana Nuestra Córdoba.

On this occasion we focus our intervention on the need to improve the exercise of the right of access to public information by the Municipality. Although we highlight the efforts undertaken in terms of digitalization and updating of web portals, and specifically in relation to requests for information, we appreciate that the procedure for making them is clearly and simply explained: we request that progress be made in the matter follow-up to requests for public information made and, above all, improve their response rate.

This is a situation contemplated in the Plan of Goals, given that Goal 120 established “Redesign the open government portal to make it simpler and more user-friendly” and it is precisely from the open government portal that requests are made. of public information by citizens – specifically from the section called “Access to Public Information”. That is why we request that this goal not be considered completed, as it appears today in the progress report presented, but that efforts be made to improve in these two aspects. In this sense, we hope that from the Municipality and especially from the dependency in charge, in this case, the Secretariat of Planning, Modernization and International Relations, the remaining time of management and validity of the Plan of Goals will be used to deepen in these improvements.

At Fundeps we remain at your entire disposal to contribute to this end and in this way, collaborate in an effective exercise of the right of access to public information by all citizens, and in a quality open government in the Municipality of Córdoba.

 

More Information

Contact

Nina Sibilla, ninasibilla@fundeps.org. 

 

*Photo from the web portal of the Deliberative Council of Córdoba