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Challenges in the implementation of abortion: the Meeting of the National Alliance of Lawyers for the Human Rights of Women was held

On April 8 and 9, members of the National Alliance of Lawyers for the Human Rights of Women from all over the country met in 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”.

More than 50 lawyers from different parts of the country met last weekend to discuss the challenges in the implementation of the Voluntary Interruption of Pregnancy Law and design legal strategies to overcome them.

Among the challenges encountered in access to the rights recognized by Law 27,610, more than a year after its sanction, the lack of knowledge about the law in the community, the geographic and economic barriers to access, the lack of of availability of health centers, the obstruction by social works and prepaid medicine companies, the obstruction derived from the abuse of the figure of conscientious objection and the improper judicialization of access to abortion. A special concern was expressed about the criminalization of the doctor Miranda Ruiz in the province of Salta, for which it was agreed to articulate strategies to support the request for her dismissal.

The meeting, led by lawyers from civil society organizations that make up the Alliance (Catholics for the Right to Decide, Fundeps, Amnesty International, CELS, ELA and Fundación MxM) allowed the exchange of local experiences and the strengthening of networks for the defense rights from a feminist perspective.

The Alliance is an intergenerational and federal space created in 2011 and made up of 300 legal professionals from 20 provinces. It is an articulation that allows the exchange between those who exercise the Law from different fields and for a more equitable and egalitarian society.

With the energies renewed thanks to the reunion, they agreed and articulated lines of action to continue demanding the effective application of the law throughout the country and online.

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The concrete results of COP 1 of the Escazú Agreement

From April 19 to 22, at ECLAC headquarters, Santiago de Chile, the first Conference of the Parties to the Escazú Agreement (COP1) was held. The States Parties met there in order to design and adopt important rules for the implementation of Escazú.

“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”.

COP 1 had the participation of the Latin American and Caribbean States that today are obliged to comply with it. These are: Antigua and Barbuda, Bolivia, Ecuador, Guyana, Mexico, Nicaragua, Panama, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Saint Lucia, Uruguay and the Republic of Argentina.

A noteworthy point was that the Conference not only had the face-to-face participation of representatives of the public, but also interested people could participate online or follow its live broadcast on YouTube.

During the second day, two fundamental issues were discussed on the road to the implementation of the treaty. First, the draft Rules of Procedure of the Conference of the Parties were discussed. In addition, the modality for the significant participation of the public was discussed, as established by article 15.4 of the treaty.

Here it is worth highlighting the incorporation of a simple mechanism to select representatives of the public who will be able to participate in the COP and who, according to the provisional project, would have two seats enabled at the table in the room. In addition, one of the representatives will be part of the Board of Directors, the body in charge of presiding over the meetings.

Second, the Rules of composition and operation of the Committee to Support Application and Compliance (art. 18) were discussed. It should be noted that according to the revised project (later approved), the Committee constitutes a key body for monitoring the implementation of the Escazú Agreement by the States.

A key point in this latest regulation is the one that incorporates a communication mechanism for the public in the event of any non-compliance by the States. This constitutes a fundamental tool since it allows exposing the violation of the treaty, and after an internal procedure, the Committee must adopt the conclusions and recommendations for the “denounced” party, and must then report the case to the COP.

Finally, a draft decision on Human Rights Defenders in Environmental Matters was discussed. Around this problem that seriously affects the region, the Conference planned an open-ended ad hoc working group on human rights defenders, to develop an action plan; and a forum to prepare a final report as input.

Although there were tensions around the role of public participation based on the position of certain States, the truth is that the goals set and the regulations approved meet adequate and innovative standards (although they can be improved) in relation to any treaty. till the date. It provides tools of practical utility whose dissemination and use should be promoted, even when the participation of groups of people in situations of vulnerability has not been really significant.

 

More Information

 

Links of Interest

 

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

*Picture of Diario Perfil

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In 10 days the public consultation on trans fats ends

On May 12, the public consultation ends where the proposal is evaluated presented by civil society to update Article 155 tris of the Code Argentine Food Code, which regulates the presence of Trans Fats in marketed foods, and thus reduce their content and eliminate partially hydrogenated oils. The organizations invite the
population to support the proposal.

“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”.

Aiming to protect the health of the population throughout the country, various civil society organizations came together to work in a better regulation regarding Trans Fats. In this regard, they request that establish a maximum limit of the content of trans fats from production industrial 2% with respect to total fats in all products, including those that are used as ingredients and/or raw materials, and that are prohibit the use of partially hydrogenated oils.

This proposal is currently, and until May 12, in consultation public and it is expected that, based on the participation of the citizenry, it will be approved by the National Food Commission (CONAL). It is a proposal that passed to Public Consultation after the CONAL meetings on March 13 and 14 of this year. In this framework, from the Argentine Federation of Graduates in Nutrition (FAGRAN), the Inter-American Heart Foundation (FIC Arg.), the Argentine Society of Nutrition and Real Foods (SANAR), and the Foundation for the Development of Sustainable Policies (FUNDEPS) the entire community is invited to participate in the Public Consultation process by signing a letter of support for the proposal. In this way, citizens have the opportunity to participate in this instance of discussion on a public health policy.

These fats are found in products such as cookies, snacks, baths, confectionery, among other ultra-processed products, as well as in products of bakery. Scientific evidence establishes that this type of fat is not essential, are not required for any biological function in the body, and are not they have no health benefits. Therefore, international standards recommend that its consumption be eliminated from the world diet.

The Public Consultation takes place until 12/5 and the entire community can participate. To do so, just go to www.chaugrasastrans.org and sign the letter.

 

More Information

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

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We exchanged about learnings in Environmental Justice

Summoned by the Legal Empowerment Network, numerous NGOs from Latin America participated in a meeting in the city of Santiago de Chile.

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.

During the first week of April, an event was held that sought to exchange learning on Access to Environmental Justice issues. Together with civil society organizations from Latin America, we participated in conferences that addressed issues related to community empowerment, access to environmental information, public participation, and environmental justice.

From the work experience of the organizations, we talked about the problems that the entire continent is going through in the topics worked on, as well as the various strategies of approach and incidence. Even with the different realities observed, the common pattern that crosses the Latin American States regarding the barriers to access to information, public participation and environmental justice was glimpsed; as well as the threats that environmental defenders must face.

Members of ECLAC and those in charge of implementing the Escazú Agreement participated in one of the sessions. They shared their views on the treaty and possible regulations ahead of the first Conference of the Parties.

Throughout the conference, the different contributions and experiences were collected to guide the joint work of those who make up the Legal Empowerment Network. Undoubtedly, a significant experience in pursuit of guaranteeing access to environmental justice throughout the region.

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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2021, another year defending human rights

We present the 2021 Yearbook, a synthesis of the work we have carried out at Fundeps in a challenging year, with great struggles and achievements in pursuit of a more just, equitable and sustainable society.

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.

During 2021 we investigated, debated, proposed, worked, and participated in historic victories for human rights. Activities that are reflected in this new edition of the yearbook, which begins with a compilation of our actions in numbers and the main milestones we have achieved.

In addition, we share a summary of the activities carried out in the agendas of our 5 areas: Environment, Democracy, Gender and Sexual Diversity, Global Governance and Health.

2021 was also a year in which we promoted our institutional growth and participated in different activities and meetings to rethink ourselves. In this framework, we present our renewed mission and vision and the values ​​present in each of our initiatives.

We believe that collective action is the way to transform reality. For this reason, we want to thank our entire team, friendly organizations and donors, and those who support us every day to continue defending human rights.

SEE YEARBOOK 2021

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Is Argentina closer to saying #ByeTransFats?

On March 14 and 15, the National Food Commission (CONAL) held its ordinary meeting No. 144. There, among other topics, it worked on improving the regulation of trans fats based on the proposals presented by civil society and the Ministry of Health.

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.

CONAL, at its first meeting in 2022, put the update of art. 155 tris of the Argentine Food Code (CAA), referring to the maximum percentage of trans fats allowed in food products. For this, it used two proposals: one that civil society organizations presented in September 2021 and another, by the National Ministry of Health, whose presentation took place this year.

Both proposals state:

  • Establish a maximum limit of 2% of industrially produced trans fats on total fats in all food products. Including those used as ingredients and/or raw materials.
  • Ban the use of partially hydrogenated oil (main source of trans fatty acids).

It is important to highlight that these proposals are aligned with the best standards of public health protection, as well as with the recommendations of international expert organizations.

 

What’s coming

According to the minutes issued after the last meeting of CONAL, the National Food Institute (INAL) has the duty to prepare the so-called “joint resolution project” (PRC). This project is a document, where, taking into account both the proposal of civil society and that of the Ministry, the effective proposal to modify art. 155 tris.

After its preparation, the PRC must be sent for a period of 20 calendar days to all CONAL representatives and if no substantial comments are received, it must be submitted simultaneously to CONASE -Advisory Council- and to Public Consultation -open stage to the community-, for a period not exceeding 30 calendar days.

However, neither the statements made by members of CONASE or those that may arise in the framework of the public consultation, are binding. In other words, CONAL is not obliged to follow the positions that result from both instances, but they will be an important input to be assessed by the Commission when modifying the Food Code.

Subsequently, a new meeting of the CONAL will take place and if the modification proposal is approved, it will go to the administrative process so that the joint resolution between the Secretary of the Ministry of Agriculture, Livestock and Fisheries and the Secretary of the Ministry of Health is issued, acquiring thus its character and rigor of the norm after being published in the Official Gazette.

 

Why is it important for civil society to participate?

Participation will be key to driving the proposal forward, as well as countering possible interference from the food industry. In general terms, the discussions raised within the scope of CONAL, given its institutional and operational scheme, are behind closed doors and quite far from citizen participation. Therefore, it is transcendental that civil society organizations begin to take part in this space, bringing the perspective of public health, human rights and, above all, prevention of non-communicable diseases.

Argentina is behind in terms of trans fat policies, so it is necessary to redirect efforts again to ensure the right to health of citizens.

We are getting closer to saying #ByeTransFats!

 

More information:

We present a proposal to eliminate trans fats in Argentina

Contact:

Maga Merlo Vijarra, magamerlov@fundeps.org

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Public Hearings of the Public Defender’s Office: “The media and information in the pandemic”

During the year 2021, faced with a pandemic context, we participated in the first Public Hearings of the Public Defender’s Office in virtual mode, through a videoconference platform and, at the beginning of this year, the reports resulting from the process were published.

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.

Communication during the pandemic

The Public Hearings of the Public Defender’s Office have been held every year since 2013, with the exception of the 2019-2020 period, fulfilling the mandate of the Audiovisual Communication Services Law to evaluate the functioning of the body through citizen participation.

The theme that governed the conversations of the last Hearing was “The media and information in the pandemic”. The meetings that were held were of the utmost importance since it was an issue that has affected not only the country but also the world in a transversal way. Approaching communication from a rights and gender approach implies conceiving all citizens as subjects of law and commits the State to guarantee their participation and incidence in political decisions. This becomes urgent in a context in which information is a fundamental human right for survival, which is why this Hearing allowed the Public Defender’s Office to internalize the needs and claims of the different actors in society regarding this issue. and all those who touch us as communicational citizens.

The thematic axes that were debated were: right to communication and Law 26,522 of Audiovisual Communication Services; access to audiovisual communication services in coverage of the pandemic; information and disinformation in the audiovisual media about the Covid-19 pandemic; specific considerations in the audiovisual coverage of the pandemic on historically marginalized sectors; State and public communication policies linked to the operation of audiovisual communication services in a pandemic; situation of the workers of the press, regulation and organization of work; proposals, suggestions and requests addressed to the Public Defender’s Office in relation to audiovisual media in a pandemic.

Our intervention

Organized by regions, the first virtual audience was that of the Central Region, which includes the provinces of Córdoba, Santa Fé and Entre Ríos, divided into two days due to the large call. Through the participation of Mayca Balaguer, coordinator of the areas of Legal Affairs and Gender and Sexual Diversity, we participated in this Public Hearing contributing from a human rights and gender perspective.

In reference to the aspects that we consider positive and negative in the media coverage of the pandemic, we highlight that the media served and had a fundamental role as a channel for transmitting information related to Covid-19 and health measures. However, we express our concern about some cases of fake news, disinformation and even bad examples.

Likewise, regarding media and symbolic gender violence, we state that during the pandemic we observed that in many cases the media reinforced gender stereotypes, fundamentally through a strong stigmatization of fat bodies, motivated by changes in habits in diet and sedentary lifestyle caused by isolation. Far from promoting healthy habits in a way that respects body diversity, we noticed that many media outlets fell into fat-phobic and stereotyping discourses.

Regarding the role of the State, we highlight the need to develop visibility strategies for alternative, self-managed, community media from different parts of the country, which are dedicated to reporting from the territories. We believe that the contribution of these media is key to recovering the voices and perspectives of non-hegemonic sectors from a perspective that respects human rights, especially those that are made up of women and dissidents, people with disabilities, racialized, fat, etc. At this point, a more equitable distribution of the official guideline may be a key factor in sustaining these media, which, due to the socioeconomic consequences derived from social isolation, may cease to exist, fueling the monopolization of information in the hands of hegemonic media.

The importance of citizen participation in communication policies

The Public Defender’s Office’s main objective is to promote and guarantee the rights of audiences in pursuit of democratic communication throughout the country. To achieve this, it holds public hearings that seek to actively participate and involve citizens in decision-making so that these are made in a transparent manner and, ultimately, a more informed and participatory society is generated that has access to its right to communication.

In these public hearings, they function as a mechanism for the State to carry out an updated diagnosis on the operation of the audiovisual media, recovering different points of view, opinions, experiences and studies provided by citizens. This makes it possible to inform, design and implement public policies aimed at the recognition and exercise of the rights of the audience.

For this reason, we celebrate this space for citizen participation in which we participate, since it is essential to guarantee equal access to information and to expand the diversity of voices in the government decision-making process. This promotes the construction of informed, inclusive, more democratic, fair and equitable public policies that incorporate a rights approach.

Autor

Irene Aguirre

Contact

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

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STRENGTHENING OTHER ECONOMY(S): Guide for self-managing organizations

We launched a guide that offers steps and tools for self-managed organizations and enterprises to review their internal management processes and implement good practices with a view to achieving economic sustainability, from the sustainability of life approach.

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 Feminist Economy, together with the Ecological, Popular, Social and Solidarity Economy (the so-called Other economies) allow us to account for the unsustainability of the logics of inequality and looting that characterize the dominant capitalist and heterocis-patriarchal model. Also, it provides us with tools to identify, make visible and strengthen those that are committed to the sustainability of life.

Based on this position, during the year 2021, together with the Latin American Feminist Incubator and with the support of the Heinrich Böll Cono Sur Foundation, we carried out organizational and economic strengthening work aimed at 7 self-managed organizations and ventures from the Other economies of the province of Cordoba.

The goal was to help strengthen various self-managed experiences in our province through the design, implementation and collective evaluation of strategies and tools for economic sustainability. And thus promote the productive and reproductive processes and activities that they carry out and that aim, in a broader sense, at the sustainability of life.

In the different stages of this strengthening process, we used tools for the diagnosis, planning and management of resources (money, goods, services, time, contacts and networks, etc.) that could be adapted to the needs and forms of organization, and be useful for the evaluation and improvement of the management processes of self-managed organizations. Throughout this experience, we not only tested the proposed strategies and tools, but we were also able to identify interests and needs that require attention.

From this place we reaffirm our commitment to the transformation of situations of inequality through the strengthening of the various self-managed experiences made up mostly of femininity and dissidence and that are part of the Other Economies, in this case, providing resources for that purpose.

We have prepared this guide with tools aimed at self-managed spaces in Other Economies, so that they can review their forms of organization and internal management processes in order to achieve economic sustainability from the perspective of a Feminist Economy that is committed to the sustainability of life. . This material is proposed as a second booklet of resources that we have been making since 2020 in order to strengthen practices and reflections on the Other economies.

The guide is a proposal, a working hypothesis, not an imposition or a rigid structure. They are tools made available for each space to discuss, transform and adapt to their own needs.

An integral and sequenced process was thought of, although not necessarily linear. This allows each organization to choose where to start and what steps to follow, to advance in what they consider relevant or more adjusted to their needs.

We hope it will serve you.

Read resourcer

 

More information:

To access the first issue with administrative, tax and legal resources for self-managed organizations, read: Tools for self-management from a perspective of the sustainability of life.
Report “Other economies: self-management from a Life Sustainability perspective”.
Cycle Virtual meetings on Feminist Economy.
Audiovisual short films on Feminist Economy and Self-management.

Contact

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

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What does joining the Asian Infrastructure Investment Bank imply for Argentina?

Since 2021, Argentina officially integrates the Asian Infrastructure Investment Bank. For our country, the AIIB represents a new multilateral source of financing for strategic sectors such as infrastructure, energy, telecommunications and transportation, among others. However, the AIIB is a little-known bank. How does it work and what are the implications for the country of joining this institution promoted mainly by China? We present a new report with the analysis.

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

On March 30, 2021, Argentina’s membership of the Asian Infrastructure Investment Bank (AIIB) was made official. The AIIB officially began its activity in October 2014. It is a new multilateral development bank promoted mainly by China with a focus on investments in infrastructure, especially aimed at emerging countries. Its Asian origin does not limit its actions to a single region, since the Bank has a large number of member countries in other continents and projects financed in South America, Africa and Europe.

The model proposed by China has distinctive features. The dominant feature is that the investments are focused on infrastructure, connectivity and industrialization, marking an important difference with Western development financing entities that, in recent times, have oriented their loans mainly to institutional reforms, health projects, education or fighting against poverty, among others.
In this way, it postulates an interesting alternative for the financing of an infrastructure that is largely in deficit in Latin America and, particularly, in Argentina. For our country, the AIIB represents a new multilateral source of financing for strategic sectors and opens an opportunity to help solve its historical deficits in terms of infrastructure and connectivity. For its part, with still little participation from Latin America, the Asian Bank is consolidating itself as a viable option for the region in light of development goals. To date, five effective Latin American members are reported: Argentina, Brazil, Uruguay, Ecuador and Chile.

From its origins, the AIIB was presented as a different option to the historical Western multilateral development institutions such as the World Bank, the IDB or the International Finance Corporation (IFC). However, the AIIB has implemented a regulatory and operational framework very similar to that of those institutions, including policies for access to information, accountability, and environmental and social regulation to authorize disbursements. In turn, it contemplates cooperation and co-financing with other multilateral banks, such as the World Bank and the Asian Development Bank, adhering to their regulatory frameworks.

Despite this, since its entry into operations the Bank has received criticism from various sectors of civil society and affected communities that have questioned its actions in different development projects and even certain weaknesses in its regulatory framework.

In this sense, the implications that admission to the AIIB may have for Argentina depend largely on the type of relationship that the country establishes with the institution and the way in which it manages to take advantage of the potential financing resources for infrastructure that the Bank can provide. . Likewise, it is necessary to avoid repeating the problems related to public participation, access to information and socio-environmental impacts that have historically been associated with development projects financed by multilateral banks.

Given the general ignorance that exists in the country about this institution, it is important to analyze in depth what the Bank consists of, how it works and what the true implications of Argentine membership may be. To contribute to this objective, from Fundeps we present a report that analyzes part of these questions.

Read full review

 

More information

The incorporation of Argentina to the Asian Infrastructure Investment Bank – Fundeps was approved
Argentina, one step away from becoming a member of the Asian Infrastructure Investment Bank – Fundeps
Are the brothers united? Profiling of the Sino-Argentine relationship in the government of Alberto Fernández – Fundeps
The role of the AIIB in the New Green Silk Road – Fundeps

Author

Camila Victoria Bocco

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Labeling Law: we demand transparent regulation

Together with Sanar, on Thursday, January 20, we sent a letter to the Nation’s Minister of Health (Dr. Carla Vizzotti), to the Secretary of Access to Health (Dr. Sandra Tirado) and to the Director of the National Food Institute (Lic. Monica Lopez). We request that the regulation of the Law for the Promotion of Healthy Food, sanctioned on October 26, be regulated in terms of transparency, free of conflicts of interest and with the participation of civil society.

“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”.

While the bill was discussed in the different chambers of the National Congress, attempts by the food industry to reduce its rigor became visible. Without success, now that it is time for its regulation, we fear the possible interference of the industry with orders aimed at hindering and delaying the process. For example, the shifting of the terms of the application of the law and the attempt to avoid the correct labeling in certain forms of presentation of drinkable and edible products.

To give rise to these possible interferences, other regulations that make up the regulations could be weakened; especially those that are intended to protect groups in a situation of vulnerability, such as children, adolescents, and low-income families.

It is due to this, that from the different civil society organizations we carry out different actions that demonstrate our interest in participating in the processes related to the regulation of the law; Since we do not have any type of conflict of interest, we can guarantee that it is regulated in a transparent manner and in accordance with the rights acquired at the time of sanction.

The health care of the Argentine population is still not certain, and we need the ministerial and competent entities to guarantee processes that respect that the regulation of the law will be based on the existing scientific evidence on the subject, in a clear and transparent.

Author
Lourdes Aparicio

Contact
Maga Merlo Vijarra, magamerlov@fundeps.org

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Explosions in La Calera Natural Defense Reserve: a brief analysis

Throughout the month of January, the Explosives Brigade of the Police of the province of Córdoba will detonate eight tons of explosives in the La Calera Natural Defense Reserve. According to reports, the explosions were ordered by a federal court as part of a legal case.

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

The La Calera reserve is a Natural Defense Reserve. This category of protected area is not exclusively intended for conservation, such as national parks. However, due to its high value for the conservation of biodiversity, the preservation and protection of its natural characteristics is sought. These are properties that belong to the Argentine Army, used for defense purposes, but due to their ecosystem importance, cultural or natural heritage, they enter into a protection regime.

These areas are administered by a Mixed Local Committee, made up of representatives of the National Parks Administration and the Armed Forces. Two functions are fulfilled in these territories. On the one hand, those associated with military tasks, and on the other, those linked to the conservation of biodiversity. Military activities have priority over the latter, according to the regulatory framework that regulates these areas. It is important to clarify that although these areas belong to the National State for the development of its functions, they are not exempt from compliance with environmental regulations of both national and provincial minimum budgets. Let us remember that the powers of regulation, authorization and control in environmental matters within the provincial territory, belong to the province, even in those places that are of national utility, as long as the functions of these establishments are not affected by the exercise of those faculties.

However, the General Environmental Law No. 25,675 requires that any activity that may degrade the environment, any of its components or affect the quality of life of the population, must undergo the environmental impact assessment procedure prior to its execution.

For its part, Provincial Law 10,208, makes this procedure mandatory for those activities that are included in its ANNEX I, among which is any activity to be carried out within a territorial portion included in the regime of the Law of Areas Provincial Natural Areas or those with similar or equivalent national regulations, or areas with assets of archaeological or historical-cultural value (as in the La Calera Reserve).

Based on this analysis, it is possible to note that any activity carried out in the La Calera Defense Reserve must undergo an Environmental Impact Assessment before the provincial authority, as long as this does not interfere with the military functions carried out there.

The detonation of 8 tons of explosives by the Provincial Police, without a doubt, is not part of the military function of the Armed Forces.

Given this scenario, it is possible to conclude that the explosions should have been subjected to the Environmental Impact Assessment procedure prior to their realization, and obtain the corresponding authorization from the local authority. Well, it is an activity subject to this procedure by provincial regulations, which would not interfere with the military function, since the detonation is not due to an activity of the Armed Forces, but rather responds to the activity of the provincial police force.

It should be noted that the communities that live in the area did not have the opportunity to access information on the detonations, nor provide their opinion on the matter, as guaranteed by the Escazú Agreement and local laws.

The most striking aspect of the case is that the National Parks Administration itself, which is involved in the management of the Reserve, seems to have made no reservations about the detonations and their possible negative impacts, nor have the provincial authorities -Secretariat of the Environment, Police Environmental-. It is also possible to question the judicial origin of the measure and the obligation to analyze the possible impacts of its actions. In this regard, it should be remembered that environmental regulations are mandatory for all State authorities and it is their duty to preserve the environment, as well as to apply the rules of minimum environmental budgets.

In short, the Calera Reserve has fundamental ecosystem functions. Its flora regulates rainfall, guarantees the recharge of the Suquía River, prevents the impact of rains on outlying neighborhoods, constitutes a green corridor between the Quebrada del Condorito National Park and the Pampa de Achala Reserve, in addition to guarding archaeological heritage and a large cluster of species of flora and fauna (325 native species, 7 threatened). Not evaluating the potential environmental impact of the detonations not only violates local environmental regulations, but also puts the communities that live nearby at risk and, above all, seriously affects the environmental services that the Reserve provides.

Due to the importance of this type of area, it is a priority for the State to guarantee the application of current regulations on environmental matters. In addition, this category of protected areas must be institutionalized through the sanction of a law that accurately outlines the applicable regime and the restrictions on its use, for the efficient achievement of conservation objectives, as many current bills intend. parliamentary status in the National Congress.

 

Links of interest:

Cooperation Framework Agreement

Protocol for the creation of the La Calera Defense Reserve

 

Contact:

juanbautistalopez@fundeps.org

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The rights of women in Argentina in times of Covid-19

Situation during the first year of the pandemic and recommendations to promote measures with a gender perspective.

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

During 2020, together with other organizations, we worked on the preparation of a report that presents a monitoring of the responses given by the Argentine State to address the pandemic and the impact of these responses on women’s rights. This monitoring seeks to report on the status of women’s rights in Argentina in the framework of the COVID-19 pandemic during its first year, contribute to the fulfillment of women’s rights and gender justice and urge the State to take the necessary measures to guarantee and protect rights from a gender perspective.

Within this Gender Roundtable, a working group has been created that has prepared this report made up of Lawyers from the Argentine Northwest in Human Rights and Social Studies (ANDHES), Amnesty International Argentina (AIAR), Center for the Implementation of Constitutional Rights (CIDC), Ombudsman’s Office of the Province of Buenos Aires, Latin American Justice and Gender Team (ELA), Foundation for the Development of Sustainable Policies (FUNDEPS), Observatory of Adolescents and Young People / Gino Germani Research Institute (OAJ / IIGG ), La Hoguera Feminist Organization, Network for the Rights of People with Disabilities (REDI) and Xumek, AC for the Promotion and Protection of Human Rights.

The report describes the initiatives and approaches adopted by the Argentine government to protect the rights of women and diversities during the first year of the pandemic from March 2020, when the first case of COVID-19 in the country was reported, until the end of 2020. The following priority issues are addressed: political participation and gender perspective in the measures; gender-based violence; the right to care; and access to sexual and (non) reproductive health.

Download Executive Summary

Download full report

Contact

Mayca Balaguer, maycabalaguer@fundeps.org