According to the regulations of the Law for the Promotion of Healthy Food, this August 20, large companies must begin to implement the Frontal Warning Labeling on their products. Small and Medium Enterprises (SMEs) have a deadline to do so until February 2023. The appearance of the stamps will be gradual and progressive.
“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”.
When did we start to see the seals?
As of this August 20, the products of large companies that have an excess of critical nutrients -such as sugars, sodium, saturated fats, total fats and calories-, must display on the main face of the container one or more warning stamps with the “EXCESS IN” badge. Also, those foods that contain sweeteners and/or caffeine, must present the precautionary legends: “CONTAINS SWEETENERS, NOT RECOMMENDED FOR CHILDREN” and/or “CONTAINS CAFFEINE, AVOID IN CHILDREN”.
In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.
In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.
According to the PAHO profile, the products that should be classified using its criteria are processed (such as fruit in syrup, cheese, or foods preserved in brine) and ultra-processed (such as sweet or salty snacks, cookies, ice cream, candies), either which are the ones that normally contain high amounts of sugars, sodium and fats. For their part, those minimally processed or unprocessed products will not bear stamps. Examples of this are fresh fruits and vegetables, dried noodles, rice, legumes or the exceptions provided by the regulations: common sugar, vegetable oils, dried fruits and common table salt.
Now, what happens to the products that we know have an excess of critical nutrients and that on August 20 are going to continue on the shelves without their corresponding seals?
These cases, which unfortunately will not be few, must be explained in one of the following ways:
1- It can be a product made by an SME, for which the first stage begins in February 2023.
2- It may be a product from a large company that has a production date prior to August 20, which according to the law may be kept on the market until stock is exhausted.
3- Or, it may be a product of a large company, with a production date after August 20, which has obtained an extension.
This last case is the one that generates the greatest concern and uncertainty in civil society. As indicated by the Provision of the National Administration of Medicines, Food and Medical Technology (ANMAT), the possibility of requesting an extension only exists for the first stage and only once. This deadline expired on July 20 for large companies.
For the purposes of said request, companies must declare and specify the products for which they make the order, as well as the specific reasons why they found limitations in meeting the established deadlines. In this framework, the ANMAT can resolve by approving or rejecting. If the extension request is approved, large companies have a maximum period to put the seals on their products, until February 2023.
Something important to note is that the regulations do not provide for the opening of this information, so in the face of secrecy, we decided to present a request for access to public information. Despite the efforts, the ANMAT replied that it could not provide us with these data as they are confidential. This decision, unfortunately, limits the possibility that civil society can be an active agent in monitoring the implementation of the law.
However, after our request, the ANMAT published a statement informing that as of July 27, 2,658 applications had already been received (encompassing a total of 236 companies), of which around 35% had been approved. However, the statement says nothing about: which companies requested an extension and why, on which products the extension was granted and the criteria for accepting or rejecting them.
This means that we will not know if those products that do not have seals, is because they obtained the extension or because they are in fact not complying with the norm. We need better transparency standards to be ensured throughout the implementation process.
What about the rest of the components of the law?
Meanwhile, it is important not to lose sight of the fact that the law not only introduces the system of “warning stamps” that will allow us to know what we eat. The seal is part of this standard that seeks to address the problem of healthy eating in a comprehensive and cross-cutting manner. Thus, the Law also contains provisions on: “Promotion, Advertising and Sponsorship”, “Education and Healthy Environments” and “Public Purchases”.
Let’s review each one and see why we say that the correct implementation of the seals is essential for full compliance with the standard:
According to the regulatory decree, the Ministry of Health must coordinate with the Ministry of Education and the Federal Council of Education to include in the school curriculum minimum contents of nutritional food education and guarantee that schools are healthy spaces or free of stamps. In other words, no product with at least one warning seal or precautionary legend may be offered, marketed, promoted, advertised or sponsored in educational establishments in the country.
The corresponding regulations have not been issued on this aspect. Until now, the Ministry has only advanced in the incorporation of courses on Healthy Eating in the teacher training courses.
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Advertising, promotion and sponsorship
The labeling law prohibits the advertising, promotion and sponsorship of all those products that contain at least one (1) warning seal and that is directed especially at children and adolescents.
Likewise, it establishes that those products that contain a warning seal cannot include complementary nutritional information on their packaging, endorsement seals from scientific societies or civil associations, children’s characters, animations, celebrities, athletes, interactive elements, gifts, games, digital downloads. , etc.
According to the regulatory decree, the ANMAT has the duty to establish and dictate the complementary regulations that facilitate the implementation and control of these provisions. However, this body has not disclosed the implementation and control mechanisms that will be used to guarantee compliance with these provisions.
On this aspect, the Ministry of Health must coordinate with the National Procurement Office to guarantee that the National State, given the same convenience, prioritizes contracting those products that do not have warning stamps. This provision has significant relevance. But we still do not know how this articulation will take place, nor what will be understood by “equal convenience” or “prioritizing”.
It is important to highlight that to guarantee the full application of all aspects of the law throughout the country, the work and political will of the provinces is necessary. Either for the dictation of complementary norms that are necessary, as for the control and surveillance in their territories.
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Authors
María Laura Fons
Maga Merlo Vijarra
Contact
Maga Merlo Vijarra, magamerlov@fundeps.org
We participated in a webinar on the IDB Information Access Policy
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The Access to Information Policy (PAI) of the Inter-American Development Bank (IDB) has become outdated. It dates from 2010 and its entry into force is dated 2011. So far it has not been modified, despite the fact that the current context is far from the rights acquired by people from the regulatory advances in terms of citizen participation and access to information and justice. At the end of 2019, the IDB began a review process of its Access to Information Policy that was suspended months later and has recently been reactivated.
In this context, it is necessary to underline that the right to information is a fundamental human right, as a necessary condition for people, communities and organizations to be informed and actively participate in decision-making processes, as well as being a pillar of transparency and accountability.
Based on the above, the webinar was structured in 3 main moments: to begin, the report “Flaws in the Inter-American Development Bank’s Access to Information Policy” was presented, prepared jointly by the 3 organizations mentioned above, which Its objective is to analyze the normative aspects contained in the current PAI and the difficulties in its implementation, the review process initiated and the intended policy profile. Likewise, its shortcomings and recommendations for strengthening the PAI were identified, with the ultimate goal of effectively guaranteeing the right of access to information. Second, the current status of the PAI review process was emphasized. Finally, from the Chilean organization Sustentarse, they commented on experiences and practical cases in Latin America in which it is possible to perceive the shortcomings that the IDB still has in terms of access to information. The webinar ended with questions and reflections from the people who spoke and attended the event.
To view the recorded webinar, click here
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Author
Camila Victoria Bocco
Contact
Gonzalo Roza, gon.roza@fundeps.org
IDB: the president was dismissed and the possibility opens for a Latin American woman
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Two years ago, in October 2020, Donald Trump promoted the American Mauricio Claver-Carone to the presidency of the IDB. The context was advantageous for Washington as it was the first American presidency since the organization’s creation.
It should be remembered that although the IDB Constitutive Agreement does not establish any conditions in relation to the nationality of the person who should hold the presidency, there is an unwritten rule since its very creation by which the organization must be directed by a person from the region. It was even one of the conditions for which it was finally accepted that the Bank’s headquarters be in Washington DC.
In terms of geopolitics, this strategy constituted the IDB as a vehicle through which the United States could increase its influence in the Latin American region and achieve a balance of institutional power: it could discern regarding the granting and destination of credits by the institution and thus dissipate the presence of other powers in the region, as is the case of the Chinese giant.
The origins of the Claver-Carone impeachment
The Board of Governors’ decision dates back to an anonymous misconduct complaint filed against Claver-Carone. From this, the board hired the legal firm Davis Polk to investigate the facts. As a result of the results of the investigation, the decision was made to dismiss the leader of the institution. Claver-Carone is accused of having maintained a romantic relationship with an employee and of having benefited her financially, which implies the violation of several internal ethical standards of the agency, while the IDB prohibits intimate relationships of superior personnel with direct dependents. The complaint was aggravated by Claver-Carone’s refusal to cooperate fully with the investigation and by creating a climate of fear of retaliation among Bank staff.
In this way, the deficit of legitimacy that accompanied the origins of the Claver-Carone presidency, was combined with a deficit of legitimacy, and today they lead to a crisis of leadership.
In this context, while waiting for the candidacy proposals for the presidency of the IDB, it is worth asking what are the alternatives at the regional and institutional level?
In terms of regionalism, this is an excellent opportunity to renew the (deteriorated) intra-regional dialogue in Latin America and the Caribbean and deepen consensus-building practices. In order for the region to obtain an advantage in the presidential elections of the international organization, it should achieve consensus and convergence when choosing candidates. In this way, it would prevent a repetition of the 2020 scenario where having offered several candidacies eroded the chances of winning the elections.
In particular, Brazil could take advantage of this scenario to renew its regional leadership role, as it is one of the Bank’s largest shareholders along with Argentina and the United States, together with almost 53% of the voting power. In any case, the country is currently immersed in the campaign for the presidential elections, the result of which may influence the position it adopts regarding the transition in the IDB.
In institutional terms, it is an opportunity to renew the strategies through which the institution promotes its main objective: to achieve the development of Latin America and the Caribbean by improving the quality of life, reducing poverty and inequality. In this sense, participation in the IDB should encourage regional integration in Latin America and the Caribbean and allow the development of the Bank as a bridge between the region and the world. Increasing regionalism and the participation of the countries that make up the region would strengthen the development paths and the insertion of Latin America and the Caribbean in the international context. In addition, it would allow the IDB to stand out as a Bank, not pro-American or pro-Chinese, but pro-Latin American, allowing a convergence between globalization and regionalization when it comes to pursuing development.
Finally, in terms of the qualities that the person designated for the presidency of the IDB should have, this is a great opportunity for a Latin American woman to take charge of the leadership of the institution.
In fact, the names of three Latin American women are beginning to resonate as potential candidates. Among them: Michelle Bachelet, former president of Chile, Laura Chinchilla, former president of Costa Rica; and Alicia Bárcena, head of the Economic Commission for Latin America and the Caribbean (ECLAC).
In this sense, some aspects are key: 1) that the person has outstanding training and experience and an effective modernization proposal for the Bank with an emphasis on social and environmental issues; 2) to adopt a clear and express commitment to multilateralism and the vindication of the legitimacy of the presidential position; and 3) that it complies with transparency, accountability and the participation of civil society in the actions of the Institution.
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Author
Victoria Marquez
Contact
Gonzalo Roza – gon.roza@fundeps.org
Weaving the networks that sustain us: this is how we live the Feminist Economics Meeting
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For two days, self-managed organizations and spaces from other economies shared instances of reflection and discussion around a central axis: Feminist economics and the networks that sustain us.
60 organizations from different locations in the province participated, including neighborhood organizations, enterprises, self-management spaces and women’s groups.
Pending debates, expected meetings
Friday the 16th in the afternoon was the first day that began with the opening of the Meeting. Then, organizations from the province of Córdoba linked to the Feminist, Social and Solidarity, Popular and Ecological Economy presented themselves and shared about their spaces and expectations of the Meeting.
The day closed with an open talk by Analía Ayala and members of the Córdoba Feminist Economy Space, where some guidelines and open debates on Feminist Economy were raised.
The next day, different instances of training, discussion and meeting were proposed through workshops designed by and for the organizations. Months before the Meeting, the members of self-managed organizations were consulted about their training needs and topics of debate in order to jointly create the agenda of workshops that the organizations themselves later dictated.
The day was organized in five workshops, built from the axes proposed by the organizations. The topics addressed were:
Weave the nets that sustain us
Throughout the Meeting, the members of the different self-managed spaces were invited to reflect on cross-cutting questions such as: Why bet on alternative economies that put life at the center? What is an economy that puts life at the center? center? What practices in your space do you think are part of the Feminist Economy? These questions opened the doors to pending conversations and to weaving networks among those who bet day by day on fairer and more equitable ways of organizing work and production.
By way of closing and celebration, a fair was held in which the self-managed spaces that were sharing and building collectively during the two days of the Meeting participated. More than 70 vendors exhibited their products at the fair open to the general public on the UPC campus.
In parallel, Josefina Arroyuelo gave a self-defense workshop in the open air. Finally, the Naciente Candombe collective musicalized the space with drums, bass drums and dance.
Author
Irene Aguirre
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
Mining in Andalgalá: we present ourselves as Amicus Curiae before the Supreme Court
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Together with the ANDHES Foundation, we present ourselves as friends of the court in the framework of the case in which the constitutionality of an ordinance of Andalgalá (Catamarca), which prohibits open-pit mining, is being debated.
Since 2016, the Municipality of Andalgalá has prohibited, through Ordinance No. 029/16, open pit mining and the use of certain hazardous substances. With broad social consensus, this ordinance sought to protect the environment and the water courses in the area.
Since then, the Canadian company “Yamana Gold” through its “Agua Rica” mining project, today the Mara project, which plans to extract minerals in the Andalgalá River Basin, just 17 km from the city center, has judicially questioned the constitutionality of the ordinance. After several pronouncements of the courts, the Supreme Court of the Province of Catamarca finally declared it invalid.
Today the case is pending before the Supreme Court of Justice of the Nation, awaiting a resolution. This resolution will determine the way of life of the Andalgalá community, as it will enable or not the open pit metal extraction of the highly questioned Mara project, which is currently in an advanced exploration stage. Meanwhile, the communities resist daily the actions of authorities and companies in defense of the territory and the environment, putting their lives and physical integrity at risk.
In this context, with the ANDHES Foundation we request participation in the case as “friends of the court”. This modality allows to contribute to the process arguments to solve the judicial case. We believe that the Court must declare the constitutionality of the law and the autonomy of the people of Andalgalá in the defense of their environment and territory must be respected.
Contact
Maráa Laura Carrizo, @lauracarrizo@fundeps.org
Argentina getting closer to the BRICS?
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On July 8, Argentina took another step towards its rapprochement as a full member of the BRICS group; The event took place after Chinese Foreign Minister Wang Yi confirmed China’s support for Argentina to join the bloc. The meeting between the representatives of both countries took place in Bali, Indonesia, where the G20 Foreign Ministers meeting took place. In it, Foreign Minister Santiago Cafiero showed his interest in approaching the BRICS, highlighting the need to deepen multilateralism to accelerate the conclusion of agreements that are beneficial both for the region and for our country. Currently, the rotating presidency of the group is in charge of China, so its support and commitment to those countries that intend to join the bloc is essential. More recently, during his visit to Argentina, the Indian foreign minister, Subrahmanyam Jaishankar, ratified his support for Argentina’s advance towards the bloc. For Argentina, the incorporation into a group of such magnitudes represents a very tempting opportunity in view of the search for new commercial partners. But, what are the BRICS, and what would joining them mean for Argentina?
The term refers to the block made up of Brazil, Russia, India, China and South Africa. Headquartered in Brasilia, these countries have been advocating common development for eighteen years, consolidating themselves as a relevant multilateral and strategic space that represents approximately half of the planet’s population and almost a quarter of the global economy. With a prominent role on the world stage, they seek to promote a new financial, economic and commercial architecture through different instruments such as, for example, international investment banks, among which we can highlight the New Development Bank (BDN) and the Contingency Reserves Agreement (ARC).
As an alternative to the conditionalities imposed by the Bretton Woods institutions, the New Development Bank offers better financing conditions for key infrastructure projects based on the principles of non-interference. In this sense, the BRICS countries reflect the growing influence of emerging economies worldwide, proposing themselves as an increasingly influential and alternative space to Western forces. However, we cannot fail to point out that each alternative and form of financing has its own advantages and complications. While the traditional Western proposals have greater restrictions, they are also characterized by being relatively more transparent and having relatively more robust regulatory and accountability frameworks. On the contrary, new alternatives can represent good sources of financing with fewer restrictions but with a great lack of transparency and accountability. As a consequence, the options should not be conceived as mutually exclusive, but rather as complementary.
Argentina sees the possibility of joining the BRICS as an opportunity to promote development and well-being, in addition to functioning as a channel for growing multilateralism and the reconfiguration of the world order. As it is a South-South cooperation platform made up of emerging economies, it could mean for our country a more equitable space for cooperation with greater margins of autonomy.
It is also important to highlight the role played by Argentina’s main trading partners: China and Brazil. During the last twenty years, China has gained an economic presence in the region, showing increasing interest in establishing new strategic associations with countries such as Brazil, Peru or Venezuela. Although it is not the first time that our country has turned its gaze towards new alternatives, it is essential to consider the consequences that could be triggered by such an association. They could be of an economic nature, since a reprimarization of the Argentine economy would be encouraged, or else, of a geopolitical nature, by generating greater tensions with Western partners such as the United States. For its part, the bloc is willing to work to open a path towards an international community characterized by dialogue, for which systemic rupture would be kept away.
In terms of foreign trade, the BRICS bring together 30% of Argentine exports, and provide 45% of our imports, so if the incorporation materializes, it would mean the possibility of obtaining financing and assistance for key projects. On the other hand, the transfer of knowledge in technology and innovation could also be encouraged, which would guarantee a shared cooperation that guarantees inclusion and similar visions.
In this way, it can be argued that being parte of the BRICS could represent a great opportunity for Argentina to strengthen ties with one of the blocks that has been gaining relevance at the international level and that, in addition, brings together two of the greatest powers in the world and with whom it maintains a bond of strategic character. However, the possible implications of such an association should not be overlooked, as well as the consideration that Argentina’s accession process to the BRICS must have the approval of all its member states, for which it may give rise to a procedure slow and extensive. In short, will Argentina be able to consolidate its entry into one of the groups with the greatest economic and geopolitical weight? And in that case, what will be in store for the country to be part of said bloc?
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Authors
Camila Busso
Candela Jauregui
Contact
Gonzalo Roza, gon.roza@fundeps.org
Training on the Law of Voluntary and Legal Interruption of Pregnancy in multiple sectors
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The different training instances were given in collaboration with the Faculty of Social Sciences, the Faculty of Medical Sciences of the National University of Córdoba, and the Príncipe de Asturias Municipal Hospital. Training was provided on the current legal framework that regulates the legal interruption and voluntary interruption of pregnancy, in particular on Law 27610, and Law 26529 on the rights of patients in their relationship with health professionals and institutions.
As a result of this, on July 7 we presented a presentation in the training “The right to voluntary and legal interruption of pregnancy” at the Príncipe de Asturias Municipal Hospital, aimed at its health team and the zonal Health Centers, Residents of General and Family Medicine, organized by the Comprehensive Sexual Health Commission of the Directorate of Primary Health Care of the Municipality of Córdoba.
We were also providing training on this topic to students in training at the Faculty of Medical Sciences, in the second class of the Optional Module “Right to legal abortion in Argentina: comprehensive approach” on August 27; and recently in the Faculty of Social Sciences under the Extension Seminar “Access to abortion from a rights perspective”, on Monday, September 5.
Through these education and training instances we intend to collaborate with the improvement and improvement of this practice from a legal and comprehensive perspective, respectful of human rights and in accordance with the most current regulations. In this way, we pay for the training of more professionals who facilitate the exercise of the rights of women and pregnant people, whom we consider to be guarantors of rights and human rights defenders.
Author
Luz Baretta
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
*Photograph taken from the newspaper La Voz Del Interior
We reject the modifications to the environmental policy law of Córdoba
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Together with numerous people and civil society organizations, we express to the Provincial Legislature, through a note, the deep concern generated from the modification of Annexes I and II of Law 10208 of provincial environmental policy.
We believe that the treatment and subsequent approval process violated and seriously violates human and fundamental rights, both procedurally and substantially. In addition, the modification implies an unfortunate setback in the protection of the environment, failing to comply with rules, principles and rights guaranteed by current environmental regulations and commits the State because it constitutes a violation of international commitments assumed, for example, through the Escazú Agreement. .
The modifications made to Law 10,208 do not constitute simple wording changes, but imply a serious reduction in the requirements established by the law and that have a worrying impact on the activities subject to Environmental Impact Assessment to the detriment of the environment and ecosystems. In this sense, they expressly violate the principle of progressivity and non-regression accepted in our legal system (General Environmental Law, Law 10,208, Escazú Agreement).
The process that led to the sanction of the project was not disclosed to the public. The design of the project, its treatment in committee and its parliamentary discussion, not only occurred in a very short time, but also disabled any type of device that guarantees citizen participation, in contrast to and to the detriment of the broad legitimacy and social participation that it had. Law 10,208.
For all these reasons, the approved project constitutes a clear violation of the rights of access to public environmental information and public participation in environmental matters. At the same time, it violates the principle of progressiveness and environmental non-regression, sustainability, preventive and precautionary.
In this framework, we urge the repeal of the sanctioned project in order to restore the protection standards in force before its approval.
See letter sent and signatories of the request.
Contact
CONAL passed a regulation on Trans Fats that protects health
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In September 2021, from the Argentine Federation of Graduates in Nutrition (FAGRAN), the Argentine InterAmerican Heart Foundation (FIC Argentina), the Foundation for the Development of Sustainable Policies (Fundeps), Argentine Consumers and the Argentine Society of Nutrition and Food Reales (SANAR), we presented a proposal to CONAL to improve the standards of industrially produced trans fats. Argentina currently has one of the least strict policies compared to other countries in the region. At the same time, the Ministry of Health of the Nation presented its proposal online with the aforementioned organizations.
After an arduous follow-up and joint work, CONAL was able to include the treatment of the proposal in its agenda, reaching the Public Consultation instance, with great support from the community and Scientific Societies. The process was postponed in some stages, finally reaching its approval, with adaptation of the deadlines, although without other modifications of the original proposal. The approved proposal grants a term of two years for the adequacy of food to the established limit of 2% trans fatty acids, three years for the adequacy of ingredients and raw materials to the established limit of 2% trans fatty acids and four years for the elimination of the use of oils and partially hydrogenated fats in the food industry.
The new regulation will be adapted to the guidelines recommended by the World Health Organization (WHO) and the Pan American Health Organization (PAHO). These are designed to promote the worldwide reduction and elimination of industrially produced Trans Fats in the food supply, given the overwhelming evidence of their negative effects on the cardiovascular health of the population, increasing the risk of developing cardiovascular diseases (CVD) and the to die for these It should be noted that, in addition, the implementation of superior policies contribute to protecting the human right to health and adequate food.
From this great step in defense of the right to health, from Civil Society we ask the Executive Branch to promptly publish the resolution in the Official Gazette to make the policy effective.
Organizations committed to the health of the entire population celebrate that we will finally be able to say Bye Trans Fats.
Contact
Maga Merlo, magamerlov@fundeps.org
We repudiate the criminalization of Environmental and Territorial Defenders of Punilla
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The defenders of the territory and the environment of Punilla have been resisting the advancement of the Punilla highway project for a long time. In the course of this resistance they are victims of different acts of institutional violence. We celebrate the ruling issued by the Court of Control and Misdemeanors No. 9 that resolves to make room for collective habeas corpus of a preventive nature presented in favor of the human rights defenders of Punilla, Paravachasca and Sierras Chicas.
In recent weeks, some land and environmental defenders have been suffering police persecution, submission to criminal proceedings, accusations by prosecutors, and there have even been arrests. Crimes such as threats and resistance to authority are attributed to them, within the framework of the various social protests that have been taking place around the advance of the Punilla Highway.
It should be noted that in a context of struggle and resistance for the defense of the environment, the demonstrations or actions given in the exercise of the right to protest cannot be distorted and manipulated for the illegitimate application of the penal system (which usually happens). Criminalization as a strategy to intimidate, disqualify the environmental claim and justify the use of public force and repressive mechanisms -deprivation of liberty-, constitute a grave and serious violation of fundamental rights and compromise the international responsibility of the State ( Escazú Agreement between them).
The persecutions, accusations, investigations and arrests ordered against Punilla’s defenders raise alarms and demand attention. Well, there are nuances that place the actions of the State under suspicion of criminalization as a method to silence social protest. The alleged threats or acts of resistance to authority, on which the accusations were based -according to what the defenders stated- were in the framework of a legitimate collective claim -social protest sustained over time- in an act in defense of the environment against of a project undertaken by the State. This should alert the authorities so that measures are taken to guarantee the protection of their human rights, and take extreme care in the event of any deprivation of liberty or violation of any other right.
The criminalization of environmental defenders stigmatizes while constituting an intimidation tending to frighten and as a consequence weaken the activities of defense of the territory and the environment until their disappearance. It is a duty of the State to protect the right to defend the environment and implement action measures that promote a safe environment free of violence, and that any human rights violation against it be investigated.
In this context, on August 24, the Judge of Control and Misdemeanors No. 9, in the case “Rocío Loza, habeas corpus” (File No. 11120830), in a novel and exemplary ruling, gave rise to a preventive collective habeas corpus directed to protect the fundamental rights of human rights defenders in environmental matters, residents of the valleys of Punilla, Paravachasca and Sierras Chicas. She points out that the institutional violence that the police of the province have been exercising against environmental defenders is serious and cannot be ignored by the State, which has the obligation and responsibility to give adequate custody to the environmental group in compliance with Escazú.
It also states that the members of the police forces are in charge of caring for society, “(…) those who must, with the power conferred by law, guarantee that all the inhabitants of this province live a life within the framework of the full enjoyment of individual rights, with the limit of respect for the rights of others, but without this being used as an “excuse” or argument to curtail other rights, in this case, those claimed by the environmental collective”.
It also states that the members of the police forces are in charge of caring for society, “(…) those who must, with the power conferred by law, guarantee that all the inhabitants of this province live a life within the framework of the full enjoyment of individual rights, with the limit of respect for the rights of others, but without this being used as an “excuse” or argument to curtail other rights, in this case, those claimed by the environmental collective” .
In that same sense, in an innovative sentence, the Judge resolves: to exhort the police of the Province of Córdoba to refrain from carrying out measures that imply limitations or threats to the freedom of movement of environmental defenders of the indicated localities; urge the Police Chief of Córdoba to inform police personnel that, according to protocols and current legislation, “deprivation of liberty only proceeds exceptionally and when it is absolutely necessary”; to recommend to the Government of Córdoba the elaboration of a protocol aimed at specifically regulating the practices and criteria of the security forces in social demonstrations that demand the protection of constitutional rights; entrust the Chief of Police to inform the provincial police of this sentence.
From Fundeps we repudiate the criminalization of environmental defenders, we urge the authorities to safeguard and protect the fundamental rights of those who resist and fight to defend the Cordovan environment, and we celebrate the recent ruling which constitutes an important advance in the recognition and defense of rights of the environmental group.
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Labeling Law: When and how does it start to be applied?
“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”.
When did we start to see the seals?
As of this August 20, the products of large companies that have an excess of critical nutrients -such as sugars, sodium, saturated fats, total fats and calories-, must display on the main face of the container one or more warning stamps with the “EXCESS IN” badge. Also, those foods that contain sweeteners and/or caffeine, must present the precautionary legends: “CONTAINS SWEETENERS, NOT RECOMMENDED FOR CHILDREN” and/or “CONTAINS CAFFEINE, AVOID IN CHILDREN”.
In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.
In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.
According to the PAHO profile, the products that should be classified using its criteria are processed (such as fruit in syrup, cheese, or foods preserved in brine) and ultra-processed (such as sweet or salty snacks, cookies, ice cream, candies), either which are the ones that normally contain high amounts of sugars, sodium and fats. For their part, those minimally processed or unprocessed products will not bear stamps. Examples of this are fresh fruits and vegetables, dried noodles, rice, legumes or the exceptions provided by the regulations: common sugar, vegetable oils, dried fruits and common table salt.
These cases, which unfortunately will not be few, must be explained in one of the following ways:
1- It can be a product made by an SME, for which the first stage begins in February 2023.
2- It may be a product from a large company that has a production date prior to August 20, which according to the law may be kept on the market until stock is exhausted.
3- Or, it may be a product of a large company, with a production date after August 20, which has obtained an extension.
This last case is the one that generates the greatest concern and uncertainty in civil society. As indicated by the Provision of the National Administration of Medicines, Food and Medical Technology (ANMAT), the possibility of requesting an extension only exists for the first stage and only once. This deadline expired on July 20 for large companies.
For the purposes of said request, companies must declare and specify the products for which they make the order, as well as the specific reasons why they found limitations in meeting the established deadlines. In this framework, the ANMAT can resolve by approving or rejecting. If the extension request is approved, large companies have a maximum period to put the seals on their products, until February 2023.
Something important to note is that the regulations do not provide for the opening of this information, so in the face of secrecy, we decided to present a request for access to public information. Despite the efforts, the ANMAT replied that it could not provide us with these data as they are confidential. This decision, unfortunately, limits the possibility that civil society can be an active agent in monitoring the implementation of the law.
However, after our request, the ANMAT published a statement informing that as of July 27, 2,658 applications had already been received (encompassing a total of 236 companies), of which around 35% had been approved. However, the statement says nothing about: which companies requested an extension and why, on which products the extension was granted and the criteria for accepting or rejecting them.
This means that we will not know if those products that do not have seals, is because they obtained the extension or because they are in fact not complying with the norm. We need better transparency standards to be ensured throughout the implementation process.
What about the rest of the components of the law?
Meanwhile, it is important not to lose sight of the fact that the law not only introduces the system of “warning stamps” that will allow us to know what we eat. The seal is part of this standard that seeks to address the problem of healthy eating in a comprehensive and cross-cutting manner. Thus, the Law also contains provisions on: “Promotion, Advertising and Sponsorship”, “Education and Healthy Environments” and “Public Purchases”.
Let’s review each one and see why we say that the correct implementation of the seals is essential for full compliance with the standard:
School environments
According to the regulatory decree, the Ministry of Health must coordinate with the Ministry of Education and the Federal Council of Education to include in the school curriculum minimum contents of nutritional food education and guarantee that schools are healthy spaces or free of stamps. In other words, no product with at least one warning seal or precautionary legend may be offered, marketed, promoted, advertised or sponsored in educational establishments in the country.
The corresponding regulations have not been issued on this aspect. Until now, the Ministry has only advanced in the incorporation of courses on Healthy Eating in the teacher training courses.
Advertising, promotion and sponsorship
The labeling law prohibits the advertising, promotion and sponsorship of all those products that contain at least one (1) warning seal and that is directed especially at children and adolescents.
Likewise, it establishes that those products that contain a warning seal cannot include complementary nutritional information on their packaging, endorsement seals from scientific societies or civil associations, children’s characters, animations, celebrities, athletes, interactive elements, gifts, games, digital downloads. , etc.
According to the regulatory decree, the ANMAT has the duty to establish and dictate the complementary regulations that facilitate the implementation and control of these provisions. However, this body has not disclosed the implementation and control mechanisms that will be used to guarantee compliance with these provisions.
Public purchases
On this aspect, the Ministry of Health must coordinate with the National Procurement Office to guarantee that the National State, given the same convenience, prioritizes contracting those products that do not have warning stamps. This provision has significant relevance. But we still do not know how this articulation will take place, nor what will be understood by “equal convenience” or “prioritizing”.
It is important to highlight that to guarantee the full application of all aspects of the law throughout the country, the work and political will of the provinces is necessary. Either for the dictation of complementary norms that are necessary, as for the control and surveillance in their territories.
More Information
Authors
María Laura Fons
Maga Merlo Vijarra
Contact
Maga Merlo Vijarra, magamerlov@fundeps.org
Provincial meeting of Feminist Economy: strengthening the networks that support us
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
From our Feminist Economy agenda, we are committed to strengthening alternative economies that put life at the center, starting from a feminist approach and valuing forms of collective and democratic construction.
For this reason we invite organizations, self-managed spaces, enterprises and cooperatives from Córdoba to the Provincial Meeting of Feminist Economy.
We hope to generate a space that enables dialogues that allow us to recover, share and build knowledge and practices related to the Feminist Economy, in exchange with the Ecological, Popular and Social and Solidarity Economy from the paradigm of the sustainability of life.
Tentative timeline
The Meeting will be held on September 16 and 17 at the City of Arts.
Friday 09/16 – starts at 5:00 p.m.: we will share an instance of dialogue and exchange with referents of the Feminist Economy.
Saturday 09/17 – starts at 9am:
*Morning and siesta: workshops and exchange spaces (subject to change)
Topics: Management of social networks | Public policies (obstacles and opportunities) | Administrative tools for self-management | Transfeminisms | Digital gap*We close with a fair open to all public. Those who attend the meeting will be able to participate in a holiday.
Organize: Fundeps, Espacio de Economía Feminista y Fundación Heinrich Böll.
Support: Universidad Provincial de Córdoba
Adhere: El Resaltador, La Tinta, Ciscsa, Enfant Terrible, Mundo Sur, Unidad Central de Políticas de Género de la Universidad Nacional de Córdoba (UNICEPG), Incubadora Feminista Latinoamericana.
More information:
Córdoba will implement Comprehensive Environmental Education
“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 the session of the legislature on June 29 of this year, Law No. 10,823 was approved. This incorporates comprehensive Environmental Education with a perspective of sustainable development as a public policy.
In turn, it establishes the Ministry of Education and the Secretary of the Environment as enforcement authorities. Its role will be to design and implement actions aimed at incorporating this perspective in the field of formal, non-formal and informal education.
During the sessions in the Committee on Environmental Affairs, several civil society organizations made contributions and highlighted the value of membership. From Fundeps we recommend the incorporation in the institutional architecture of the Committee for the Executive Coordination of the Jurisdictional Strategy. Let us remember that this authority is in charge of designing the content of the strategy to implement Comprehensive Environmental Education.
Likewise, we consider it opportune to incorporate the local Consultative Council into the project as a device for citizen participation of groups and organizations of civil society (among others), in the development and management of educational public policies. This body is incorporated in the National Law.
This process turned out to be valuable, since the text that was finally approved emerged from it. The first of the recommendations was incorporated into articles 4 and 5 of the law. As for the Council, it was not incorporated as such. However, the Committee was empowered to request collaboration from trade union organizations, teachers, representatives of the student, scientific, academic and civil society sectors (among others) that express an interest in comprehensive environmental education. Although its incorporation as a stable body with effective participation would have been opportune, given that as stated this possibility is subject to the decision of the Committee, the truth is that this consultative power can become a duty in the terms required by the Agreement from Escazu.
More Information
Contact
Juan Bautista López, juanbautistalopez@fundeps.org
*Photograph taken from the press of the Government of Córdoba