Last Tuesday, May 2, the National Executive Power submitted to the Chamber of Deputies a bill for the ratification of the Framework Agreement for Tobacco Control. Argentina is the only country in South America that has not yet done so and its ratification constitutes a pending debt for public health. In this note we tell you why the Argentine State should not miss this opportunity and why it is important to take this step for the adequate protection of the right to 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”.
The National Ministry of Health, in the latest World Youth Tobacco Survey, revealed that our country has one of the highest tobacco addiction prevalence rates in the region. The data show that tobacco consumption causes 44,851 deaths per year, representing 13% of the total deaths and that more than 22% of the population still consumes tobacco, with the age at which smoking begins being increasingly lower, which is already ranges from 12 to 15 years.
Likewise, according to a study published by the Institute of Effectiveness and Health Clinic, our country spends approximately 197,000 million pesos each year to treat diseases caused by smoking (such as chronic obstructive pulmonary disease, heart disease, lung cancer, among others), representing 7.6% of local health spending. In addition, as if this were not enough, smoking mainly affects vulnerable social groups, thus generating a vicious circle of poverty and disease, and has been internationally recognized as a barrier to sustainable development.
It is this context that determines the urgency of moving forward with the ratification of the Framework Convention for Tobacco Control (FCTC). This is the first international public health treaty signed by the World Health Organization (WHO), which to date has been ratified by 182 countries (including all the States that are part of Mercosur, except Argentina) and is one of the the most widely accepted pacts in the history of the United Nations.
It is important to highlight that this treaty was prepared in order to respond to the global tobacco epidemic. To this end, the FCTC provides a comprehensive framework for the implementation of effective tobacco control policies aimed at reducing the supply, demand, and harm caused by these products. Thus, by ratifying this Agreement, Argentina would commit to adopting a battery of measures that would strengthen the public health protection standard.
Key points of ratification
Currently, our country has various regulatory provisions on tobacco control and some of them even adopt the measures provided for in the FCTC itself. However, it is important to highlight that the incorporation of this international instrument into the national legal system continues to be essential. Well, there are regulations that are still highly permissive to the commercial interests of the industry, while there are certain global problems that necessarily require international cooperation to address them.
In this sense, the adoption of the Framework Convention would improve the broad prohibition of advertising, promotion and sponsorship of tobacco products, including that with cross-border effects. This measure acquires fundamental importance in the face of the globalization of communications and the millionaire investments in marketing made by the industry. While the National Tobacco Control Law allows the presence of marketing within the points of sale, direct communications to people over 18 years of age, as well as corporate social responsibility actions by tobacco companies.
Likewise, the ratification of the Framework Convention would allow Argentina to have better tools to face the problem of illicit trade, such as the Protocol for the elimination of illicit trade in tobacco products, also signed under the auspices of the WHO. According to research, illicit trade – involving smuggling, counterfeiting, illicit manufacturing, among other forms – increases the accessibility and affordability of tobacco products, and violates price-related measures and targeted tax measures. to reduce the tobacco epidemic. This treaty recognizes that the elimination of all forms of illicit trade is an essential component of tobacco control and that it requires the development and application of both national and international measures. Within the scope of Mercosur, Argentina is the only country that does not participate in the negotiations for the control of smuggling, being left out of the decisions aimed at preventing illegal trade between neighboring countries.
In turn, the Framework Agreement, through its article 5.3 and the guidelines for its application, confer a set of measures aimed at protecting public health policies against commercial interests and other vested interests on the part of tobacco companies, as well as of individuals or organizations working to advance the interests of this industry. In this sense, the need to establish measures to limit interactions with the tobacco industry to those cases in which it is strictly necessary to establish an effective regulation of it and its products is highlighted; guarantee the transparency of the interactions that take place either through hearings and public records; require that the information provided by the industry be accurate and transparent; establish clear rules on conflicts of interest for all persons working in the State and in the sphere of tobacco control; denormalize and not approve, support, associate or participate in the activities that the tobacco industry promotes as “socially responsible” (such as public education initiatives, health care, etc.), among other recommendations. In this way, the FCTC provides an adequate legal framework to curb tobacco industry interference in public health issues related to tobacco control.
Finally, it is important to highlight that the ratification of the Framework Agreement would also enable the Argentine State to participate in spaces where relevant decisions are made for tobacco control and the construction of international cooperation strategies. An example of this is the Conference of the Parties, the governing body of the FCTC that is in charge of regularly reviewing its application and adopting the necessary decisions to promote its effective implementation. In addition, it is a body from which mechanisms are promoted for the transfer of specialized technical, scientific, technological and legal knowledge, taking into account the needs of the States Parties, if they are developing countries, if they have economies in transition, etc.
A matter of human rights
From the preamble, the Convention makes it clear that it is an international instrument “based on scientific evidence that reaffirms the right of all people to enjoy the highest level of health that can be achieved.” In this way, it exposes the relationship between the protection of the right to health and tobacco control policies.
In this regard, it is important to highlight that the ratification of the Framework Agreement is in line with the obligations assumed by the Argentine State in terms of protection of human rights. According to the International Covenant on Economic, Social and Cultural Rights -which also has a constitutional hierarchy- the Argentine State has the duty to adopt the necessary measures in order to guarantee the right of every person to enjoy the highest possible level of health. In this regard, the Committee on Economic, Social and Cultural Rights, through its observations, has said that the State’s failure to comply with the necessary measures to make it effective constitutes a violation of the right to health, as it would be the failure to adopt sufficient control policies for the marketing of tobacco products. Likewise, this Committee has specially recommended the Argentine State to ratify the FCTC and promote public policies aimed at preventing the initiation of consumption and informing about the negative impacts of tobacco on health, with emphasis on childhood and adolescence.
In the same sense, there is the Convention for the Elimination of all forms of Discrimination against women -which also enjoys constitutional hierarchy- and according to which the Argentine State, being a Party, has the duty to adopt the appropriate measures to protect and guarantee women’s right to health. In this regard, the Committee of this Convention has recommended that the Argentine State ratify the FCTC, reduce the high level of tobacco use among adolescents, particularly girls, and face the health consequences of smoking.
In this way, the intimate connection between tobacco control policies and human rights obligations is observed, even reinforced by the interpretive work of human rights monitoring organizations. Thus, the FCTC is used as a standard to understand the scope of the obligations derived from the human right to health, especially in the face of the tobacco epidemic.
What is the procedure for ratification of the FCTC to take place?
On September 25, 2003, the Argentine State through the National Executive Branch signed the FCTC. This is the first step to take in the process of ratifying an international treaty and implies the assumption of the commitment not to undermine the objectives of the treaty. Unfortunately, 20 years had to elapse since that signature was produced for the National Executive to finally present a bill for ratification before the National Congress.
This bill must be approved by both chambers so that once it has become law, the National Executive proceeds to the ratification -properly speaking- and the consequent deposit of the instrument before the United Nations. It is important to note that this action indicates the consent of a State to be bound by the terms of a treaty. Therefore, in case of non-compliance, there is the possibility of demanding compliance, both nationally and internationally.
What first our right to health!
The FCTC provides a legal framework with concrete measures aimed at preventing and limiting the tobacco epidemic. From the ratification, the Argentine state will be obliged to implement the measures that the Framework Agreement imposes, thus strengthening the protection standards that currently prevail in terms of tobacco control.
Public policies aimed at improving the health of the population require the greatest commitment on the part of all social actors and political forces. Today, Argentina has a new opportunity to settle this outstanding debt with public health, prioritizing the protection of fundamental rights -especially those who are in a situation of vulnerability, such as children and adolescents- over those negotiated. and industry business interests. The ratification of the FCTC must be high on the political agenda. The Chamber of Deputies has to move forward!
More Information
Author
Maga Merlo
Contact
Maga Merlo, magamerlov@fundeps.org
The National Baseline of the Business and Human Rights Plan is presented
“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 National Baseline is a study that allows evaluating the level of implementation of the United Nations Guiding Principles on Business and Human Rights. In this study, an analysis of the regulatory and public policy gaps in the implementation of the three pillars of the Guiding Principles was carried out: “Protect, respect and remedy” with an overview of the negative impacts of companies on human rights. Among the topics addressed, the following stand out: the regulatory and policy function, the link between the State and companies, political coherence through state activity and the duty of companies to respect and remedy.
With the intention that the preparation of this Baseline be a participatory process, the National Ombudsman’s Office held a series of meetings between October and November 2022 with interested parties to collect inputs. It sought to collect their experiences, opinions and detect needs. The meetings included the participation of civil society organizations and academia, the private sector, state companies, Administration Agencies, unions, ombudsmen and public authorities. Likewise, for the elaboration of the National Baseline, the Office of the Ombudsman of the Nation had the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), the International Labor Organization (ILO), Fund of the United Nations Children’s Fund (UNICEF) and the Organization for Economic Co-operation and Development (OECD).
During this process, from Fundeps we actively participate, sending written inputs on regulatory gaps and public policies, making available different working documents and research carried out and participating in the various multi-stakeholder meeting spaces in which we have been summoned.
It should be clarified that the Baseline does not describe conflicts, nor does it carry out a study on the impact on human rights in specific sectors of the economy, nor does it study provincial and/or municipal regulations and public policies, but rather constitutes an analysis of regulatory gaps and of public policies in the implementation of the Guiding Principles at the national level.
What is a National Action Plan?
A National Action Plan on Business and Human Rights is a transversal instrument developed by a State whose objective is to order and give coherence to public policies to comply with its obligation to protect, respect and enforce human rights with respect to negative impacts. of business activities. Through these plans, governments commit to making the United Nations Guiding Principles on Business and Human Rights effective, as well as other standards on the matter.
Among the thematic axes that will be addressed in the Argentina plan are: labor standards; gender equality; diversity and non-discrimination; protection of the environment; companies and policies of Memory, Truth and Justice; corporate governance; due diligence and remediation in companies; technology, personal data and privacy; access to information and public participation in general; promotion of the human rights of groups in situations of vulnerability and/or historically discriminated against; and public governance.
Since 2014, the United Nations Human Rights Council has highlighted the decisive role that business and human rights plans can play in promoting the full and effective application of the Guiding Principles. Therefore, its preparation must be carried out in a participatory and transparent manner, in such a way that the main problems and effects on rights in the context of business activity in the country are addressed.
Access the complete document of the National Baseline here: https://www.dpn.gob.ar/linea-nacional-de-base.php
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Author
Julieta Boretti
Contacto
Gonzalo Roza, gon.roza@fundeps.org
Public consultation on the action plan for defenders in environmental matters
“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”.
Within the framework of the implementation of the Escazú Agreement, at the 1st Conference of the Parties (COP1) in 2022, the countries agreed to create an open-ended ad hoc working group on human rights defenders in environmental matters. This group currently performs its function within the framework of the Economic Commission for Latin America and the Caribbean (ECLAC) under the leadership and coordination of Chile, Ecuador and Saint Kitts and Nevis. Its main task is the preparation of an action plan to be presented at the second regular meeting of the COP for its consideration and approval in 2024. This document, in the preparation stages, is receiving comments and is undergoing a consultation process. with civil society and the public in which all interested persons can participate.
Let us remember that the Escazú Agreement is the first regional environmental treaty in Latin America and the Caribbean and the first in the world to contain specific provisions for the protection of human rights defenders in environmental matters. In particular, Article 9 of the Agreement establishes that “each Party shall guarantee a safe and favorable environment in which individuals, groups, and organizations that promote and defend human rights in environmental matters can act without threats, restrictions, and insecurity. In addition, each Party must take appropriate and effective measures to recognize, protect, and promote their rights, as well as appropriate, effective, and timely measures to prevent, investigate, and punish attacks, threats, or intimidation that they may suffer in the exercise of their rights. of the Agreement”.
Human rights defenders in environmental matters are understood to be any person who defends the right to a safe and healthy environment, the right to land and the rights of indigenous peoples. This poses a great risk, especially in Latin America, where there are daily cases of physical attacks, threats, intimidation, stigmatization and smear campaigns, as well as specific attacks on women defenders of the environment because of their gender.
In this context, a preliminary proposal for the Annotated Index of the Action Plan is in public consultation, which is carried out through a survey, whose objective is to record the comments and observations of the public on the proposed index. This survey facilitates the systematization of all the proposals received, as well as their subsequent review and analysis. You have time to participate until July 6 at 11:59 p.m.
The participation of the public in this process is fundamental, since this plan will establish the priority, specific and strategic actions and works to be developed at the regional level to advance towards the full and effective implementation of Article 9 of the Escazú Agreement.
ACCESS SURVEY
Author
Ananda Lavayen
Contact
Maria Laura Carrizo, lauracarrizo@fundeps.org
Concern of civil society at a serious setback for 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”.
One of the most relevant advances of Law 27,275 on the Right of Access to Public Information was the creation of autonomous and specialized institutions in each of the powers of the national State, which are in charge of controlling its proper compliance, as well as promoting better practices and protect the interest of persons requesting public information. In 2018, the Public Ministry of Defense formed the Agency and appointed its head, who completed his duties in April of this year.
On April 18, 2023, through Resolution 436/2023, the Public Ministry of Defense annulled the regulations for the appointment of the person responsible for the Office of Access to Information of the entity and ordered that its functions were assumed by staff of the Legal Department, on an interim basis. Said decision was supported by a note presented by the Office of General and Financial Administration in which it informed that “in view of the existing budget deficit situation in the projection of annual expenses of this Public Ministry of Defense, there is no possibility of maintaining the existing position structure in the Office of Access to Public Information”.
Subsequently, through Resolution 543/2023, the person from the Legal Department was appointed who, in addition to fulfilling the functions he currently has in that unit, will carry out the tasks entrusted to the Office of Access to Information.
The current scheme does not guarantee the right of access to public information and constitutes a serious setback in the matter. Resolutions 436 and 543 of 2023 are illegal and unconstitutional, as long as:
The signatory civil society organizations express our concern about this situation and emphasize the need for the Public Ministry of Defense to respect the institutional framework established by Law 27,275 to guarantee the right of access to public information, which strengthens and secures our democracy, facilitates the exercise of other rights and plays an essential role in preventing corruption and promoting transparency in the State. For this reason, we request the General Defender of the Nation to annul resolutions 436 and 543 of 2023 and to begin the selection process so that the position is adequately covered. The note presented can be viewed here.
Asociación Civil por la Igualdad y la Justicia
Alianza Regional por la Libre Expresión e Información
Democracia en Red
Directorio Legislativo
Fundación Conocimiento Abierto
Fundeps- Fundación para el Desarrollo de Políticas Sustentables
INECIP- Instituto de Estudios Comparados en Ciencias Penales y Sociales
Nuestra Mendoza
Poder Ciudadano
Salta Transparente
Contact
María Victoria Sibilla, ninasibilla@fundeps.org
Pañuelos en Lucha: a podcast on feminist action for the sanction and defense of the abortion law
“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 project, carried out together with Parque Podcast and with the support of the Mujeres del Sur Fund, has as its protagonists the voices of women and gender dissidence members of the green tide, who had some type of participation in the process prior to the enactment of the law , and in its subsequent implementation and defense.
Based on the collection of testimonies and the sound archive that brings together experiences from different parts of the country, we tell the story of the enactment of the IVE law and what came after. The objective of this sound essay is to serve as a historical account that recovers and reconstructs various forms of organization and strategies of struggle of the movements in favor of reproductive autonomy.
We set out to reflect how, despite the actions and strategies implemented by conservative and religious fundamentalist groups, the sanction could be obtained and work continues for its full implementation.
Each episode poses a fight scenario. In the first, “The desire made law”, we develop how the conquest process was experienced in Congress, during the vigils, and what the collective achievement of a law means. In the second, “Not a step back”, we reflect on how this right is accessed in health systems. In the third, “Winning the courts”, we tell how the judicial scenario is constituted as a space for dispute. Finally, in the fourth, “Abortion after abortion”, we propose some reflections on the pending challenges and how we see the future.
The ideation process of each episode and the collection of testimonies was carried out by the staff and volunteers from Fundeps’ Gender and Sexual Diversity and Communication areas. The script was written by Florencia Flores Iborra. The recording was in charge of Leticia Riera. The mixing and sound design was in charge of Paula Manini and the locution was by Constanza Barbisan.
We invite you to listen to it!
ACCESSED ALL EPISODES
And here we share the transcriptions of the scripts for each episode:
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
Argentina in the Asian Infrastructure Investment Bank: achievements and challenges
This article aims to analyze the consequences of Argentina’s entry into the Asian Infrastructure Investment Bank. The structure of the Bank is analyzed, covering its characteristics and the performance of the institution in general terms, the repercussions of Argentina’s entry are considered, contemplating advantages and disadvantages and, finally, the effects associated with joining this institution are considered. to China’s projection on the international stage.
Approaches in the Sino-Argentina relationship: the incorporation to the AIIB and the Belt and Road Initiative
This document presents an analysis of the background and motivations that led Argentina to become a member of the AIIB and the implications that derive from it, as well as the possibility that Argentina advances in its incorporation into the BRI in the short term. In the same way, the challenges and opportunities that both initiatives represent for the country are addressed.
Report on the first AIIB project in Brazil: renewable energy and infrastructure
The purpose of the following report is an updated approach to the first AIIB project in Brazil, including its political, economic and environmental dimensions. First, an analysis is carried out on the main characteristics of the project, context and actors involved; then, we proceed to analyze the implications for Brazil of receiving such financing; and finally, the main environmental consequences are exposed.
Report on the first AIIB project in Ecuador
The “CONAFIPS COVID-19 Credit Line project” has made Ecuador the first Latin American country to receive a Latin American loan from the Asian Infrastructure Investment Bank. This report reviews the project, emphasizing its fundamental characteristics, context, environmental and social standards, and main criticisms and concerns about it.
We stand in solidarity with the citizens mobilized in Jujuy and demand an end to violence
“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 a context of subjugation of fundamental rights, such as the right to fair remuneration, to participate in the political processes of constitutional reforms and to care for the land, protest constitutes a legitimate form of claim for communities and for the citizenship in general.
The purported constitutional reform in the province of Jujuy violates widely recognized rights, such as the right to protest, limiting freedom of expression and property to indigenous lands, and enabling the continued violation of fundamental rights for all people, such as It has been happening since last June 17.
In this context, indigenous communities claim that this constitutional reform advances their acquired rights and their territories. Communities have rights that must be respected in the decision-making processes of the State. In this sense, we highlight that the Inter-American Commission on Human Rights “urges Argentina to establish transparent and voluntary dialogue processes, which include local traditional authorities, in order to address the demands of indigenous peoples.”
On the other hand, UN Human Rights expressed its concern about reports of violations of rights and violent actions within the framework of the protests in Jujuy. He made an urgent call for constructive and intercultural dialogue, which guarantees the effective participation of indigenous peoples and all interested parties, to overcome the crisis through democratic and institutional means.
Furthermore, in a context in which misinformation circulates, and resources are used that relativize institutional violence and stigmatize indigenous peoples, workers and their organizations, we call for the media to carry out responsible dissemination of the facts, incorporating the voice of the people whose rights are being violated.
*Photo: @susi.maresca
“Let’s not let it pass” campaign: promote the first citizen report on the labeling law
“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”.
Let’s not let it pass” is the new campaign launched today by FIC Argentina, FAGRAN, Fundación Sanar, Fundeps and Consciente Colectivo to promote an informed citizenry and committed to the effective implementation of the labeling law. The nationwide campaign seeks to generate a citizen report on the state of compliance with the law, 10 months after the start of its implementation.
In 2021, the organizations promoted the campaign “Don’t cover our eyes” to promote the approval of the law and, on this occasion, they meet again so that this public health measure is effectively complied with. The campaign emphasizes some components of the law referring to the presence and characteristics of the seals (their size, location on the container, for example) as well as their disposition in the gondola.
“A few months ago we carried out a research study to find out how the law is being implemented and we detected that in 83% of the supermarkets surveyed there were breaches regarding the disposition of the products on the gondola, the seals were not visible to the consumer. In 67% we found promotions associated with the price (such as “15% discount” and “50% discount on the second unit”) in products with stamps, which also shows a breach of the provisions of the law, and in the 12% of the surveyed products, the seals were not on the main face of the container. The State must sanction these breaches and with the campaign we seek to make them visible,” said Leila Guarnieri of FIC Argentina.
“It is a priority that the commitment extends throughout the country, counting on the federal representation of the provinces, which monitor compliance with the Law through committed citizens and nutrition professionals who, through Education and advocacy actions put the visibility of this Law at the center of the scene. As a Federation we join the efforts of the entities that we bring together for the effective compliance of the Law, without exception”, declared Ana Caceres from FAGRAN.
“For a full implementation of the Labeling Law, it is essential that as citizens we get involved and demand its compliance. Although it is the State that has the obligation to control, we are observing that these mechanisms can be deficient and inopportune. In addition, up to now we have no data that sanctions have been applied to companies that break the law. For this reason, it is important that we remain alert and report non-compliances to demand that the authorities monitor and sanction appropriately,” said Maga Merlo from Fundeps. And he added: “Let us remember that this law comes to protect fundamental rights such as health, adequate food and information for consumers, and especially for groups in vulnerable situations, such as children. Citizen participation is essential to build transparent public policies.”
“The platform also arises from the need to make visible the actions of companies that break the law in different ways, interfering mainly in the guarantee of the right to information of consumers. Being able to document, systematize the information and thus channel the claim to the enforcement authorities will allow the State to act in such a way that it can put into operation its own strategies to mitigate non-compliance,” said Ignacio Porras from Fundación SANAR.
“For a norm to be effective and not die in the sanction, it is essential that we get involved and demand its correct implementation. It is a matter of appropriating the Law and knowing it to be able to claim for our rights and build new horizons”, declared Ariana Krochik of Consciente Colectivo.
How to participate in this campaign?
Registering breaches at www.nolodejemospasar.org
Contact
Maga Merlo, magamerlov@fundeps.org
The 5th National Open Government Plan was presented
“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 current Plan was co-created in 2022, from the National Open Government Table, in dialogue with the Network of Civil Society Organizations for the Open State and the rest of the citizens who participated in this process. From Fundeps we are part of the National Open Government Board (2020 – 2022) and from that space we contributed to the co-creation of the 5th Plan, articulating between the National Open Government Directorate and different organizations that were involved in it.
This Action Plan is part of the obligations assumed by Argentina before the Alliance for Open Government, which it joined in 2012. Since then, and every two years, the country co-creates and implements different policies and concrete commitments in this scope.
How was the process of co-creation of the 5th Open Government Plan?
For the first time, and in order to guarantee equal participation among all people located in different parts of the country, this Plan was co-created in its entirety virtually, through meeting platforms, the website argentina.gob.ar and its Public Consultation portal. In turn, within the National Open Government Roundtable, and following the recommendations of the Participation and Co-Creation Standards (2022) of the Open Government Alliance, it was agreed to design a Plan with a maximum of 10 commitments.
For this, a prioritization of topics was carried out in consultation with the Network of CSOs for the Open State. The selected topics were: Environment and implementation of the Escazú Agreement; Public work; Gender and Care Policies; Mental health; Open State and Federalization; Water and Sanitation in the AMBA; Information about health providers; Food and implementation of the Law for the Promotion of Healthy Eating (known as the Frontal Labeling Law). Not all, however, concluded in commitments of the Plan, for various reasons. Especially, and in terms of the implementation of the Law for the Promotion of Healthy Eating, from Fundeps we will continue contributing to the construction of proposals that contribute to the application of said law.
After this, the public instances for the design of the 5th Plan began in August 2022, with a series of Challenge Identification Workshops, for each of the pre-selected topics. Their objective was to jointly identify the challenges that the 5th Plan could respond to. Then, in October, the public instance for the reception of proposals was opened, with the slogan that open government policy solutions be suggested, which can respond to those challenges posed. With these inputs, each government area involved drew up its preliminary commitment drafting, which was submitted to public consultation for comments. At the same time, a dialogue instance was developed for each topic – commitment and finally the final writing was carried out.
What does the 5th Open Government Plan consist of?
The current Plan consists of 7 commitments assumed by different departments of the national government.
Ministerio de Salud de la Nación
Dirección de Asuntos Municipales – Ministerio del Interior
Here you can access the details of each of them, from page 37 onwards.
What can citizens and civil society organizations do with the 5th Plan?
Once the Open Government Plan has been designed, the objective is to implement it, in this case, during 2023 and 2024. To this end, any interested person or civil society organization can get involved, either by following up on each stage of its implementation or by participating more actively, when the commitments allow it, in some phases of its fulfillment. In this sense, at least one instance of open dialogue with civil society and citizens interested in the issues addressed was foreseen for each commitment, and the platform Metas de seguimiento del Plan was developed. This seeks to facilitate and energize this implementation instance, which, according to previous experience, is always the most difficult when it comes to articulating and sustaining incentives.
As an organization committed to open government policies and several of the issues addressed in this Plan, we will closely follow and accompany each instance of progress and will be alert to signs of stagnation or setbacks.
It seems to us a great shared achievement, among different organizations that were part of the National Open Government Roundtable, such as the Network of Civil Society Organizations for the Open State, activists and open government policy reformers, that Argentina continues to challenge itself with each new Open Government National Action Plan.
More information
Read about the 5th National Open Government Plan of Action here
Watch the presentation of the 5th Open Government National Plan of Action here
Contact
María Victoria Sibilla, ninasibilla@fundeps.org
Why is it urgent for Argentina to ratify the Framework Convention for Tobacco Control?
“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 National Ministry of Health, in the latest World Youth Tobacco Survey, revealed that our country has one of the highest tobacco addiction prevalence rates in the region. The data show that tobacco consumption causes 44,851 deaths per year, representing 13% of the total deaths and that more than 22% of the population still consumes tobacco, with the age at which smoking begins being increasingly lower, which is already ranges from 12 to 15 years.
Likewise, according to a study published by the Institute of Effectiveness and Health Clinic, our country spends approximately 197,000 million pesos each year to treat diseases caused by smoking (such as chronic obstructive pulmonary disease, heart disease, lung cancer, among others), representing 7.6% of local health spending. In addition, as if this were not enough, smoking mainly affects vulnerable social groups, thus generating a vicious circle of poverty and disease, and has been internationally recognized as a barrier to sustainable development.
It is this context that determines the urgency of moving forward with the ratification of the Framework Convention for Tobacco Control (FCTC). This is the first international public health treaty signed by the World Health Organization (WHO), which to date has been ratified by 182 countries (including all the States that are part of Mercosur, except Argentina) and is one of the the most widely accepted pacts in the history of the United Nations.
It is important to highlight that this treaty was prepared in order to respond to the global tobacco epidemic. To this end, the FCTC provides a comprehensive framework for the implementation of effective tobacco control policies aimed at reducing the supply, demand, and harm caused by these products. Thus, by ratifying this Agreement, Argentina would commit to adopting a battery of measures that would strengthen the public health protection standard.
Key points of ratification
Currently, our country has various regulatory provisions on tobacco control and some of them even adopt the measures provided for in the FCTC itself. However, it is important to highlight that the incorporation of this international instrument into the national legal system continues to be essential. Well, there are regulations that are still highly permissive to the commercial interests of the industry, while there are certain global problems that necessarily require international cooperation to address them.
In this sense, the adoption of the Framework Convention would improve the broad prohibition of advertising, promotion and sponsorship of tobacco products, including that with cross-border effects. This measure acquires fundamental importance in the face of the globalization of communications and the millionaire investments in marketing made by the industry. While the National Tobacco Control Law allows the presence of marketing within the points of sale, direct communications to people over 18 years of age, as well as corporate social responsibility actions by tobacco companies.
Likewise, the ratification of the Framework Convention would allow Argentina to have better tools to face the problem of illicit trade, such as the Protocol for the elimination of illicit trade in tobacco products, also signed under the auspices of the WHO. According to research, illicit trade – involving smuggling, counterfeiting, illicit manufacturing, among other forms – increases the accessibility and affordability of tobacco products, and violates price-related measures and targeted tax measures. to reduce the tobacco epidemic. This treaty recognizes that the elimination of all forms of illicit trade is an essential component of tobacco control and that it requires the development and application of both national and international measures. Within the scope of Mercosur, Argentina is the only country that does not participate in the negotiations for the control of smuggling, being left out of the decisions aimed at preventing illegal trade between neighboring countries.
In turn, the Framework Agreement, through its article 5.3 and the guidelines for its application, confer a set of measures aimed at protecting public health policies against commercial interests and other vested interests on the part of tobacco companies, as well as of individuals or organizations working to advance the interests of this industry. In this sense, the need to establish measures to limit interactions with the tobacco industry to those cases in which it is strictly necessary to establish an effective regulation of it and its products is highlighted; guarantee the transparency of the interactions that take place either through hearings and public records; require that the information provided by the industry be accurate and transparent; establish clear rules on conflicts of interest for all persons working in the State and in the sphere of tobacco control; denormalize and not approve, support, associate or participate in the activities that the tobacco industry promotes as “socially responsible” (such as public education initiatives, health care, etc.), among other recommendations. In this way, the FCTC provides an adequate legal framework to curb tobacco industry interference in public health issues related to tobacco control.
Finally, it is important to highlight that the ratification of the Framework Agreement would also enable the Argentine State to participate in spaces where relevant decisions are made for tobacco control and the construction of international cooperation strategies. An example of this is the Conference of the Parties, the governing body of the FCTC that is in charge of regularly reviewing its application and adopting the necessary decisions to promote its effective implementation. In addition, it is a body from which mechanisms are promoted for the transfer of specialized technical, scientific, technological and legal knowledge, taking into account the needs of the States Parties, if they are developing countries, if they have economies in transition, etc.
A matter of human rights
From the preamble, the Convention makes it clear that it is an international instrument “based on scientific evidence that reaffirms the right of all people to enjoy the highest level of health that can be achieved.” In this way, it exposes the relationship between the protection of the right to health and tobacco control policies.
In this regard, it is important to highlight that the ratification of the Framework Agreement is in line with the obligations assumed by the Argentine State in terms of protection of human rights. According to the International Covenant on Economic, Social and Cultural Rights -which also has a constitutional hierarchy- the Argentine State has the duty to adopt the necessary measures in order to guarantee the right of every person to enjoy the highest possible level of health. In this regard, the Committee on Economic, Social and Cultural Rights, through its observations, has said that the State’s failure to comply with the necessary measures to make it effective constitutes a violation of the right to health, as it would be the failure to adopt sufficient control policies for the marketing of tobacco products. Likewise, this Committee has specially recommended the Argentine State to ratify the FCTC and promote public policies aimed at preventing the initiation of consumption and informing about the negative impacts of tobacco on health, with emphasis on childhood and adolescence.
In the same sense, there is the Convention for the Elimination of all forms of Discrimination against women -which also enjoys constitutional hierarchy- and according to which the Argentine State, being a Party, has the duty to adopt the appropriate measures to protect and guarantee women’s right to health. In this regard, the Committee of this Convention has recommended that the Argentine State ratify the FCTC, reduce the high level of tobacco use among adolescents, particularly girls, and face the health consequences of smoking.
In this way, the intimate connection between tobacco control policies and human rights obligations is observed, even reinforced by the interpretive work of human rights monitoring organizations. Thus, the FCTC is used as a standard to understand the scope of the obligations derived from the human right to health, especially in the face of the tobacco epidemic.
What is the procedure for ratification of the FCTC to take place?
On September 25, 2003, the Argentine State through the National Executive Branch signed the FCTC. This is the first step to take in the process of ratifying an international treaty and implies the assumption of the commitment not to undermine the objectives of the treaty. Unfortunately, 20 years had to elapse since that signature was produced for the National Executive to finally present a bill for ratification before the National Congress.
This bill must be approved by both chambers so that once it has become law, the National Executive proceeds to the ratification -properly speaking- and the consequent deposit of the instrument before the United Nations. It is important to note that this action indicates the consent of a State to be bound by the terms of a treaty. Therefore, in case of non-compliance, there is the possibility of demanding compliance, both nationally and internationally.
What first our right to health!
The FCTC provides a legal framework with concrete measures aimed at preventing and limiting the tobacco epidemic. From the ratification, the Argentine state will be obliged to implement the measures that the Framework Agreement imposes, thus strengthening the protection standards that currently prevail in terms of tobacco control.
Public policies aimed at improving the health of the population require the greatest commitment on the part of all social actors and political forces. Today, Argentina has a new opportunity to settle this outstanding debt with public health, prioritizing the protection of fundamental rights -especially those who are in a situation of vulnerability, such as children and adolescents- over those negotiated. and industry business interests. The ratification of the FCTC must be high on the political agenda. The Chamber of Deputies has to move forward!
More Information
Author
Maga Merlo
Contact
Maga Merlo, magamerlov@fundeps.org