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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.

 

More Information

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

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Rudi Borrmann of Local OGP and NGO of Córdoba: a meeting to strengthen ties

On May 5, we had the visit of Rudi Borrmann, the Deputy Director of Local OGP in Córdoba, and from Fundeps and PARES we organized a meeting with other NGOs and spaces of activism for human rights in Córdoba, at the Fundeps Office.

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

What is Local OGP?

OGP Local is an area of the Global Open Government Partnership (OGP) dedicated to the promotion and involvement of subnational levels in the open government agenda. The proposal is analogous to what happens at the national level: that subnational governments join this Alliance through open government action plans co-created with civil society following the guidelines suggested by the Alliance.

The presentation of the province and the municipality of Córdoba to OGP Local

Córdoba -province and city, since they were presented jointly- is one of the four districts that joined OGP Local in 2020. The other cities or provinces were: Autonomous City of Buenos Aires, city of Rosario and province of Mendoza. For this reason, both the city and the province of Córdoba presented their open government action plans to the Global Open Government Alliance.

In this context, the province of Córdoba adopted 3 commitments aimed at the territorialization of the Sustainable Development Goals (SDG of the 2030 Agenda of the United Nations Organization) in 4 municipalities in the interior of the province, with a gender perspective and youths. For its part, the municipality of Córdoba assumed 3 commitments, one aimed at strengthening Neighborhood Centers, and another two on improvements in digital experiences for its citizens.

Given that within the framework of this Global Open Government Alliance, all action plans must have their civil society counterpart, that is, they must be co-created with it, from Fundeps and PARES we accompany the plan presented by the province of Córdoba and CIPPEC did the same with the municipality.

An interesting fact is that to join this Alliance, a high-level commitment signed by the highest executive authority of the province or locality in question is requested: here you can find the assumption of commitment by Governor Juan Schiaretti and the Mayor Martin Llorora. Unfortunately, this letter is only published on the Open Government Partnership website and in the English language.

The meeting with NGOs from Córdoba

Within the framework of the visit of the Deputy Director of OGP Local to some local jurisdictions that assumed commitments in OGP Local in Argentina, we organized a meeting with other NGOs and activism spaces in Córdoba. Representatives from EcoHouse, the Argentine Association for Open Government (AGA), Youth for Climate, Minka, Ciscsa – Feminist Cities Córdoba and Global Shapers participated.

The meeting was used to publicize the Global Alliance for Open Government to those who were not so familiar with this space. Rudi Borrmann presented Vital Signs of OGP: 10 years of data in review, a study that accounts for the main successes and challenges of OGP ten years after its operation.

Then a space for consultations and interventions was opened about the Alliance, its relevance and interest for local organizations, as well as some challenges that are noticed when participating, especially from civil society, in open government action plans. in a real and effective way.

At Fundeps and PARES, as NGOs that are accompanying the process in the province of Córdoba, we are committed to increasing the number of organizations that get involved in this space and can contribute significantly to the commitments and action plans that are generated in the local and national OGP framework, contributing with their perspectives, knowledge and experiences in the construction of more participatory, transparent and inclusive open government policies.

 

 

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– Territorialize the 2030 Agenda and the Sustainable Development Goals in four municipalities of the province with a significant perspective of open government, emphasizing collaboration between actors.

– Municipalities and partner social organizations that participate in the Local OGP Program in the incorporation of a gender perspective and a youth approach in the process of territorialization of the SDGs.

– Make visible the actions and processes developed within the framework of the OGP Local Program by local governments and civil society organizations.

– Promote processes of self-management of neighboring sustainable development through the Neighborhood Centers of the City of Córdoba, taking the Sustainable Development Goals as planning axes.

– Provide citizens with a digital application through which they can report incidents, claims and complaints.

– Continuous redesign of digital media systems to improve or optimize the experience of citizens and navigation.

 

Contact

Nina Sibilla, ninasibilla@fundeps.org.

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The eviction in Molinari and the guarantees of the Escazú Agreement

According to their testimony, the neighbors who claim against the Punilla highway project were violently evicted by the Provincial Police personnel from the camp they were carrying out in the vicinity of Molinari.

“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”.

According to what they said, the security forces arrived at the camp in the early hours of the morning and evicted them illegally, using violence and without a court order. There, the neighbors, environmental defenders in the terms of art. 9 of the Escazú Agreement, they protested in a peaceful way.

These types of actions that oppose peaceful protest by the security forces, violate fundamental rights such as the right to protest, association, opinion and expression, putting personal integrity at risk, protected by the international instruments and by the National Constitution. In addition, they constitute a serious violation of the specific provisions incorporated in the Escazú Agreement.

Let us remember that the Agreement is an international treaty that is in force in the Argentine Republic and whose provisions must be fulfilled and respected by all state authorities, including the security forces and authorities of the three state powers.

Article 9 of the treaty obliges these authorities to guarantee environmental defenders a safe environment to act without threats, restrictions and insecurity. For its part, it obliges them to take adequate and effective measures to protect and promote the rights:
– to the life
– to personal integrity
– to freedom of peaceful assembly and association
– to circulate freely
– to exercise the rights of access to information, public participation and justice.
Likewise, it obliges to adopt appropriate, effective and timely measures to prevent, investigate and punish any attack, threat or intimidation.

These measures must be adopted by all authorities, even in response to the actions of the security forces. Along these lines, a specific and differentiated duty is generated in those state institutions whose purpose is the protection of fundamental rights, such as the Ombudsman’s Office, the Ombudsman for Children and Adolescents, Senaf, the Public Ministry or judicial offices.

In this framework, the legal system has some instruments for the specific protection of rights. Thus, habeas corpus serves to protect the person from any act that imminently and seriously threatens the loss of their physical freedom (without this preventing the authorities from acting in the event of a crime); or in the face of the effective deprivation of physical liberty, for example, in cases of arbitrary and illegal arrest or detention.

On the other hand, the amparo action allows protecting other constitutional rights (strike, protest, freedom of assembly or association, etc.) against violations by the State or individuals.

On the other hand, there are procedures that can be activated in the face of institutional violence, such as complaints for the commission of crimes by the security forces; complaints before the National Directorate of Policies against Institutional Violence, among others.

In this catalog, the Communications before the Committee to Support the Application and Compliance of the Escazú Agreement are added. Before this body it will be possible (once it is formed) to present a communication in the event of the violation of any right recognized by Escazú, so that it intervenes in the case.

When these tools are used, the authorities must pay special attention and respond in accordance with the standards imposed by the Escazú Agreement, beyond the duty to implement actions, policies and legislative reforms that allow guaranteeing a safe environment for environmental defenders of preventative mode.

From Fundeps we repudiate any type of institutional violence such as the one that the residents of Punilla unfortunately suffered -according to their testimony-. These practices must be prevented by the authorities, guaranteeing their non-repetition and a safe and peaceful environment for the exercise of fundamental rights, especially of those who campaign for the protection of the environment.

 

More Information

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

*La Nueva Mañana newspaper photo

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What did the “CORDOBA REPARA Festival” leave us?

Last Sunday, April 24, 2022, within the framework of Earth Day, the “Córdoba Repara” Festival was held on the Enchanted Island of Sarmiento Park and Fundeps was part of it through a stand with an interactive and collaborative proposal. with the audience.

“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 event organized by the Youth Directorate of the Municipality of Córdoba and the Free University of the Environment in conjunction with environmental organizations in the city, aimed to raise awareness about caring for the environment, reduction, reuse, recycling and recovery of waste and objects and the consumption of sustainable products made by local entrepreneurs. All this was manifested through different activities such as live shows, spaces for dialogue, organization stands, vegan, vegetarian and agroecological food stalls, reception of recyclables, collection of blankets and coats to donate and a space dedicated exclusively to the Club of Repairers x Córdoba.

Our proposal consisted of collectively building two maps, one of the city of Córdoba and another of the province, where the people who circulated indicated what environmental problems they knew (or suffered from). From the dialogue with each one of the people and from our maps, environmental problems emerged that are repeated throughout the city and the province, and that are also reiterated over time.

The community that participated, mostly residents of different neighborhoods and areas of the city, identified very similar problems, such as the lack of differentiated waste collection, the existence of open-air dumps throughout the city and especially in the area of bypass, the lack or malfunction of sewers and sanitation in general, the contamination of the Suquía River and neighborhood streams, the contamination produced by Porta Hermanos, the poor/lacking urban planning, the existence of neighborhoods in Córdoba without drinking water, among others. For their part, those who live on the outskirts of the city or other localities such as Mendiolaza, Villa Carlos Paz, Villa Allende, Río Ceballos, La Calera, Río Primero, Segundo, Tercero and Cuarto, Juarez Celman, Punilla, Coronel Moldes, Bell Ville , among others, stated that the main environmental problems are related to clearing, fumigation with agrochemicals, quarrying, contamination of water resources, open-air dumps, fires, floods, and conflicts arising from the Punilla and Paravachasca highways.

At the same time, the lack of citizen participation in environmental matters that manifests itself in all problems also emerged as a concern. They also noted the existing barriers whether in access to public information, access to justice or in the decision-making process.

We were able to observe and analyze that despite the extension and diversity that the city and the province of Córdoba have, the environmental problems are very similar and are repeated in each territory, in addition, that none of them is new, on the contrary, they are repeated and they are accentuated with the passing of the years. For these reasons, we believe that it is necessary to continue working to find alternatives to the form of “development” that has been carried out, while it is imperative and fundamental to strengthen the mechanisms of citizen participation and that the State assumes a true commitment in that sense.

 

 

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Author

Ananda Lavayen

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Red Global Cedaw: experiences of construction of shadow reports by feminist social organizations

Last Tuesday, April 26, we participated in the third meeting of the CEDAW Global Network where we shared experiences on the preparation of shadow reports.

“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”.

All States that have signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) must submit periodic reports to its Committee to account for compliance with the international obligations assumed with their signature and accession. The civil society organizations of each country, depending on their experience and the work they carry out, can present a “shadow report”, a kind of alternative and complementary report to those presented by the States parties to account for the reality of women that they know first-hand, so that the Committee has the necessary tools to prepare the final recommendations.

In view of the relevance of the participation of organizations in this process, we were invited to participate in the meetings of the CEDAW Global Network, organized by Gloria Ramírez, Coordinator of the UNESCO Chair in Human Rights at UNAM. The objective of this Network is to create a space for convergence, dialogue and discussion around the experiences of elaboration and participation in the formation of CEDAW reports.

From our experience we present and share the process of preparing three reports for CEDAW, all in the framework of the 65th session of the Convention: Tobacco control in Argentina: pending tasks to protect women’s health; Gender violence and public communication policies and Access to natural resources of rural women in the Gran Chaco region of Argentina.

We heard contributions from both the UNESCO Chair in Human Rights at UNAM and civil society organizations from Ecuador, Guatemala, Uruguay and Colombia.

Throughout the meeting we shared experiences by country regarding the challenges of each region, as well as the implementation of the gender perspective in the different areas of the country. The possibility of collaboration agreements with the Chair was explored and we delved into the progress and challenges in reference to gender violence in each country.

In this framework, together with the Global Network and the organizations that make it up, we will continue working to support cooperation in monitoring the implementation of the commitments assumed by the States party to CEDAW, the preparation of shadow reports and the exploration and development of advocacy strategies to collaborate in the guarantee of the human rights of women and diversities and gender-based dissidence.

 

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Contact

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

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Cooperativism and Labor Organization at the Provincial University of Córdoba

We started the Cooperativism and Labor Organization course within the framework of the Textile Diploma at the UPC (Provincial University of Córdoba).

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

Last Tuesday, the first meeting of the workshop on “Cooperativism and Labor Organization” was held, which seeks to enable debates around the logic of labor organizations. Together with the UPC, the first module was given where, throughout the day, topics were presented to rethink the economy and vindicate the identity of the workers of the Social and Solidarity, Popular and Feminist Economy.

The Diploma in Collaborative Processes of Textile Production is an instance of learning, communication and collaboration for all people with an interest in getting involved in textile knowledge from a critical and cooperative perspective proposed in coordination with the Network of Textile Producers of the Province of Córdoba.

This training initiative aims to guide the people involved towards a social and sustainable link with the profession and the trade, providing them with tools for its realization and motivating them to reflect on their practices.

From the work experience of the organizations, we talked about the problems that arise when it comes to sustaining self-managed organization spaces, as well as the strategies used by the different organizations to face the socio-economic crisis.

Throughout the conference, topics related to labor organization will be worked on, such as: administrative and legal tools, tax aspects and more.

Registration is still open at the following link: Enrollment in the Diploma in Collaborative Textile Production Processes

 

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Contact

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

 

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