Within the framework of an amparo for default due to the lack of response from the Municipality of Córdoba in a request for public information, the attorney general stressed that “The plaintiff Foundation was forced to go to court to obtain action on the part of the Management.”
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
On May 2, we obtained an important judicial pronouncement regarding the right of access to public information, in the context of the injunction for default filed due to non-compliance with four requests for information filed in different areas of the Municipality of Córdoba. Before delving into the pronouncement, we recall some basic issues on the subject:
What is considered public information?
It is all types of data contained in documents of any format that are generated, obtained, transformed, controlled or safeguarded by the Public Administration at its different levels and by those subjects who have received public funds.
What does the right of access to public information imply?
It includes the possibility of any person to freely search, access, request, receive, copy, analyze, reprocess, reuse and redistribute public information. This right applies in a broad sense to all information in the possession of public bodies, including all controlled and archived information in any format or medium. It is important to mention that this right has an instrumental nature for the exercise of other rights, especially by those who are in subordinate or vulnerable positions, since it is only through precise knowledge of the content of human rights and their forms and means. of exercise that can be effectively accessed to its full enjoyment and enjoyment.
So anyone can request public information?
Yes, Law 27275 on the Right to Access to Public Information establishes that “Every human or legal person, public or private, has the right to request and receive public information.” In Córdoba there is an important precedent of the Superior Court of Justice that also establishes that “the human right of access to public information must be analyzed from a broad and holistic perspective.” and that “this right corresponds to every person without the need to prove any interest or special legal situation, accepting a broad legitimacy that includes both action in administrative and judicial courts.” The way to access it is through a request for public information.
And what is a public information request?
It is that request that is made in writing or by electronic means and without any formality, of all that information generated, administered or in possession of the organs of the Executive, Legislative, Judicial State, Municipalities and Autonomous, local Political Parties and any organization that engage in public spending.
The only requirement that is imposed is that the request for information must be submitted to the regulated entity that possesses it or is presumed to possess it. It can be done in writing or by electronic means and without any formality, it is only enough to indicate the identity of the requesting person, the clear identification of the information requested and the contact details, in order to send the information or announce that it is available.
All requests for public information must be satisfied within a certain period: in the case of national organizations it is 15 business days, while in the Province and the Municipality of Córdoba it is 10 days. In all cases, the Administration may request extensions, and must justify it.
But what happens in practice?
Our experience with the request for public information at the different levels and state areas is very uneven. While at the national level, and thanks to the mechanisms provided for by Law 27275, requests for information are usually answered in a timely manner, at the provincial and municipal level, in most cases, we do not receive a response within the stipulated period. This lack of response forces us to prosecute requests for information through the filing of injunctions for default.
Given this situation, once the demand is admitted, it is transferred to the Administration so that it can present a report explaining why it is in arrears, that is, why it did not provide the requested information. In most cases, faced with this transfer, the Administration produces the information that had been requested, notifies the petitioner, and then reports it in the file, requesting that the legal case become abstract, because the information has already been delivered. . In this type of case, the court usually resolves in this sense, declaring the cause abstract and imposing the “costs by order”. This means that the Administration should not bear any type of expense when requests for information are prosecuted, even when it is its attitude that forces the petitioners to initiate an amparo proceeding.
A change of criteria in the tax opinion
Through Opinion No. 344 issued on May 2 in the case “Foundation for the Development of Sustainable Policies C/ Municipalidad de Córdoba – Amparo Ley 8803”, File. No. 10221471, the Public Prosecutor’s Office ruled establishing an important criterion in terms of amparos for default and right of access to public information. In this trial, the Municipality of Córdoba filed an appeal against the Chamber’s ruling, for disagreeing with what was resolved on costs.
The prosecutor understood that “at the discretion of this Public Ministry, there is a winner and a loser by the force of the facts, and in direct relation to the object pursued by the applicant; because however it may be, the Administration complied with the dictation of the administrative act, but outside the term that the law contemplates and due to a judicial process. And therefore, his situation is equal to that of the vanquished.”
In this sense, it affirmed that “The plaintiff Foundation was forced to go to court to obtain action on the part of the Administration. It does not seem fair or reasonable that the claimant should bear the expenses and fees accrued by him for the processing of a case whose origin is negligent conduct on the part of the Administration and the exercise of a constitutional right. It is for this reason that the theft of judiciary matter produced in the proceedings does not imply in any way the displacement of the objective principle of defeat as a criterion for the imposition of costs”.
We welcome the Attorney General’s decision, as it sets an important precedent in terms of the right of access to public information. Thus, the exercise of a constitutional right cannot entail that the applicant bears the costs of a process that would not have existed if the administration had responded within the legal term. It is important to mention that this is not an isolated event, but rather a systematic practice of the Administration that limits access to information to those who have the economic and legal means to demand a response to information requests before the courts.
More information
Author
Noelia Salvia
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
Shortcomings in the Access to Information Policy of the Inter-American Development Bank
The Access to Information Policy (PAI) of the Inter-American Development Bank (IDB) has become outdated. At the end of 2019, the IDB began a review process of its PAI that was suspended months later and has not yet been reactivated. In this process, the Bank submitted to the consideration of civil society and other interested parties the intended profile for its new policy, which highlights 22 gaps to be improved in terms of access to information.
The purpose of this document is to analyze the regulatory aspects contained in the current PAI, the review process initiated and suspended, and the intended policy profile. Its shortcomings are identified and analyzed with a critical eye in order to make recommendations for the strengthening of the PAI, with the ultimate goal that it guarantees the right of access to information.
Favorable tax ruling on 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”.
On May 2, we obtained an important judicial pronouncement regarding the right of access to public information, in the context of the injunction for default filed due to non-compliance with four requests for information filed in different areas of the Municipality of Córdoba. Before delving into the pronouncement, we recall some basic issues on the subject:
What is considered public information?
It is all types of data contained in documents of any format that are generated, obtained, transformed, controlled or safeguarded by the Public Administration at its different levels and by those subjects who have received public funds.
What does the right of access to public information imply?
It includes the possibility of any person to freely search, access, request, receive, copy, analyze, reprocess, reuse and redistribute public information. This right applies in a broad sense to all information in the possession of public bodies, including all controlled and archived information in any format or medium. It is important to mention that this right has an instrumental nature for the exercise of other rights, especially by those who are in subordinate or vulnerable positions, since it is only through precise knowledge of the content of human rights and their forms and means. of exercise that can be effectively accessed to its full enjoyment and enjoyment.
So anyone can request public information?
Yes, Law 27275 on the Right to Access to Public Information establishes that “Every human or legal person, public or private, has the right to request and receive public information.” In Córdoba there is an important precedent of the Superior Court of Justice that also establishes that “the human right of access to public information must be analyzed from a broad and holistic perspective.” and that “this right corresponds to every person without the need to prove any interest or special legal situation, accepting a broad legitimacy that includes both action in administrative and judicial courts.” The way to access it is through a request for public information.
And what is a public information request?
It is that request that is made in writing or by electronic means and without any formality, of all that information generated, administered or in possession of the organs of the Executive, Legislative, Judicial State, Municipalities and Autonomous, local Political Parties and any organization that engage in public spending.
The only requirement that is imposed is that the request for information must be submitted to the regulated entity that possesses it or is presumed to possess it. It can be done in writing or by electronic means and without any formality, it is only enough to indicate the identity of the requesting person, the clear identification of the information requested and the contact details, in order to send the information or announce that it is available.
All requests for public information must be satisfied within a certain period: in the case of national organizations it is 15 business days, while in the Province and the Municipality of Córdoba it is 10 days. In all cases, the Administration may request extensions, and must justify it.
But what happens in practice?
Our experience with the request for public information at the different levels and state areas is very uneven. While at the national level, and thanks to the mechanisms provided for by Law 27275, requests for information are usually answered in a timely manner, at the provincial and municipal level, in most cases, we do not receive a response within the stipulated period. This lack of response forces us to prosecute requests for information through the filing of injunctions for default.
Given this situation, once the demand is admitted, it is transferred to the Administration so that it can present a report explaining why it is in arrears, that is, why it did not provide the requested information. In most cases, faced with this transfer, the Administration produces the information that had been requested, notifies the petitioner, and then reports it in the file, requesting that the legal case become abstract, because the information has already been delivered. . In this type of case, the court usually resolves in this sense, declaring the cause abstract and imposing the “costs by order”. This means that the Administration should not bear any type of expense when requests for information are prosecuted, even when it is its attitude that forces the petitioners to initiate an amparo proceeding.
A change of criteria in the tax opinion
Through Opinion No. 344 issued on May 2 in the case “Foundation for the Development of Sustainable Policies C/ Municipalidad de Córdoba – Amparo Ley 8803”, File. No. 10221471, the Public Prosecutor’s Office ruled establishing an important criterion in terms of amparos for default and right of access to public information. In this trial, the Municipality of Córdoba filed an appeal against the Chamber’s ruling, for disagreeing with what was resolved on costs.
The prosecutor understood that “at the discretion of this Public Ministry, there is a winner and a loser by the force of the facts, and in direct relation to the object pursued by the applicant; because however it may be, the Administration complied with the dictation of the administrative act, but outside the term that the law contemplates and due to a judicial process. And therefore, his situation is equal to that of the vanquished.”
In this sense, it affirmed that “The plaintiff Foundation was forced to go to court to obtain action on the part of the Administration. It does not seem fair or reasonable that the claimant should bear the expenses and fees accrued by him for the processing of a case whose origin is negligent conduct on the part of the Administration and the exercise of a constitutional right. It is for this reason that the theft of judiciary matter produced in the proceedings does not imply in any way the displacement of the objective principle of defeat as a criterion for the imposition of costs”.
We welcome the Attorney General’s decision, as it sets an important precedent in terms of the right of access to public information. Thus, the exercise of a constitutional right cannot entail that the applicant bears the costs of a process that would not have existed if the administration had responded within the legal term. It is important to mention that this is not an isolated event, but rather a systematic practice of the Administration that limits access to information to those who have the economic and legal means to demand a response to information requests before the courts.
More information
Author
Noelia Salvia
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
We request to participate in the project of access to justice of the Judicial Power
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
This project aims to develop strategies to improve access to Justice for groups in vulnerable conditions. A second edition of the project is currently underway.
In this stage, access to justice for migrant populations, native peoples, and cases that affect the environment will be worked on. According to the project’s website, it seeks to promote tools to facilitate access to justice, particularly for people or groups of people in situations of vulnerability. It is promoted as a participatory and collective public policy.
The preparation of protocols for access to justice in environmental matters constitutes an initiative in accordance with the commitments assumed by Argentina in the Escazú Agreement. In previous editions, protocols, rights booklets, among other tools aimed at the general public and justice operators were prepared.
In this framework, we ask the Judiciary to open mechanisms for the significant participation of civil society to provide input and enrich the process of building tools. We believe that in the framework of the Escazú Agreement, participation is emerging as an imperative for any policy that may have an impact on the enjoyment of access rights, including access to justice.
These types of initiatives are extremely valuable in a context where environmental problems and conflicts linked to access to public participation, environmental information and justice are commonplace.
Author
Ana Sol Olivera
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
*Image source: Justice Córdoba
A judicial resolution with a focus on environmental defenders
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
As reported in the media, during the first weeks of May a self-convened group of neighbors was camping in the town of Molinari as a way of protesting against the construction of the Punilla highway. In favor of this group of people, a habeas corpus action was filed before the Control Court of the city of Cosquín.
Let us remember that this action is foreseen in article 43 of the National Constitution. In short, its purpose is to protect the physical freedom of people against any real threat or actual deprivation of liberty that is illegal (arrests/detentions).
After analyzing the situation, the Court gave the reasons why it considered that the requirements for the origin of habeas corpus were not met. He considered, based on the evidence collected, that no illegal arrest or detention had been carried out, nor was there a certain and imminent threat of deprivation of physical liberty.
However, the Court considered other rights at stake, such as the right to protest, petition the authorities, and opinion, among others. Thus, regarding the way in which the eviction of the neighbors by the security forces took place -according to his statements-, he considered that this should be the subject of investigation by the corresponding bodies (Prosecutor’s Office) forwarding a copy of the performances.
What is interesting and novel about the resolution is that, going beyond the strict object of the habeas corpus action, the Court assessed the statements of the neighbors in relation to what happened and the environmental nature of the protest. In this approach, he recommended to the police authorities and the Prosecutor’s Office that a safe environment be guaranteed for the exercise of these rights -as long as other rights are not affected-, citing and applying article 9 of the Escazú Agreement on environmental defenders.
This treaty, let us remember, is the only international instrument that guarantees environmental defenders specific standards of protection of their rights. This protection framework is due to the fact that Latin America and the Caribbean is the most dangerous region for environmental defenders (227 deaths in 2020 according to the Global Witness Foundation).
Although the Escazú Agreement has been in force for a year, the resolution of the Cosquín Control Court would be the first judicial precedent in the Latin American and Caribbean region to apply the provision on environmental defenders of Escazú to guarantee a safe environment in accordance with recorded to date Even in the absence of specific regulations at the local level, these clauses are fully operational and must be applied by all state authorities. Undoubtedly, the jurisprudential advance constitutes a strong impulse on the road towards the effective implementation of Escazú.
See judicial resolution of the Control Court
More Information
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
*Photo taken from La Izquierda Diario
Hearing of the Plan of Goals of Córdoba: we request to improve access to public information
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
The Plan of Goals was established in the city of Córdoba in June 2011 and obliges each municipal administration – at the beginning of it – to present the goals that it intends to achieve with its government program, with objectives and indicators of their evolution. . The management of the current Mayor Martín Llaryora established a Plan of 418 goals, framed in 36 objectives, grouped into 5 strategic axes: Modern and innovative municipality, City that provides quality services, Attractive and planned city, Sustainable city and City of opportunities and inclusive.
Every year, and through the Deliberative Council, a Public Hearing must be held where compliance with the Plan of Goals is reported. It is anticipated that the Intendancy must participate in this Hearing as an informant member. This is also an opportunity for civil society organizations, neighborhood centers and citizens in general to make their contributions and comments on the Plan of Goals and its evolution.
Our Participation in the Public Hearing
The hearing took place on Thursday, May 5 from 9 a.m. virtually, through the Zoom platform, and could be followed on the YouTube channel of the City Council. To participate it was necessary to register in advance through a form provided by the Municipality.
One of our first observations had to do with the fact that it was convened with very little notice – 2 days – and, in our opinion, had little diffusion. In our case, we learned about it from the diffusion made by the Red Ciudadana Nuestra Córdoba.
On this occasion we focus our intervention on the need to improve the exercise of the right of access to public information by the Municipality. Although we highlight the efforts undertaken in terms of digitalization and updating of web portals, and specifically in relation to requests for information, we appreciate that the procedure for making them is clearly and simply explained: we request that progress be made in the matter follow-up to requests for public information made and, above all, improve their response rate.
This is a situation contemplated in the Plan of Goals, given that Goal 120 established “Redesign the open government portal to make it simpler and more user-friendly” and it is precisely from the open government portal that requests are made. of public information by citizens – specifically from the section called “Access to Public Information”. That is why we request that this goal not be considered completed, as it appears today in the progress report presented, but that efforts be made to improve in these two aspects. In this sense, we hope that from the Municipality and especially from the dependency in charge, in this case, the Secretariat of Planning, Modernization and International Relations, the remaining time of management and validity of the Plan of Goals will be used to deepen in these improvements.
At Fundeps we remain at your entire disposal to contribute to this end and in this way, collaborate in an effective exercise of the right of access to public information by all citizens, and in a quality open government in the Municipality of Córdoba.
More Information
Contact
Nina Sibilla, ninasibilla@fundeps.org.
*Photo from the web portal of the Deliberative Council of Córdoba
Rudi Borrmann of Local OGP and NGO of Córdoba: a meeting to strengthen ties
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
What is Local OGP?
OGP Local is an area of the Global Open Government Partnership (OGP) dedicated to the promotion and involvement of subnational levels in the open government agenda. The proposal is analogous to what happens at the national level: that subnational governments join this Alliance through open government action plans co-created with civil society following the guidelines suggested by the Alliance.
The presentation of the province and the municipality of Córdoba to OGP Local
Córdoba -province and city, since they were presented jointly- is one of the four districts that joined OGP Local in 2020. The other cities or provinces were: Autonomous City of Buenos Aires, city of Rosario and province of Mendoza. For this reason, both the city and the province of Córdoba presented their open government action plans to the Global Open Government Alliance.
In this context, the province of Córdoba adopted 3 commitments aimed at the territorialization of the Sustainable Development Goals (SDG of the 2030 Agenda of the United Nations Organization) in 4 municipalities in the interior of the province, with a gender perspective and youths. For its part, the municipality of Córdoba assumed 3 commitments, one aimed at strengthening Neighborhood Centers, and another two on improvements in digital experiences for its citizens.
Given that within the framework of this Global Open Government Alliance, all action plans must have their civil society counterpart, that is, they must be co-created with it, from Fundeps and PARES we accompany the plan presented by the province of Córdoba and CIPPEC did the same with the municipality.
An interesting fact is that to join this Alliance, a high-level commitment signed by the highest executive authority of the province or locality in question is requested: here you can find the assumption of commitment by Governor Juan Schiaretti and the Mayor Martin Llorora. Unfortunately, this letter is only published on the Open Government Partnership website and in the English language.
The meeting with NGOs from Córdoba
Within the framework of the visit of the Deputy Director of OGP Local to some local jurisdictions that assumed commitments in OGP Local in Argentina, we organized a meeting with other NGOs and activism spaces in Córdoba. Representatives from EcoHouse, the Argentine Association for Open Government (AGA), Youth for Climate, Minka, Ciscsa – Feminist Cities Córdoba and Global Shapers participated.
The meeting was used to publicize the Global Alliance for Open Government to those who were not so familiar with this space. Rudi Borrmann presented Vital Signs of OGP: 10 years of data in review, a study that accounts for the main successes and challenges of OGP ten years after its operation.
Then a space for consultations and interventions was opened about the Alliance, its relevance and interest for local organizations, as well as some challenges that are noticed when participating, especially from civil society, in open government action plans. in a real and effective way.
At Fundeps and PARES, as NGOs that are accompanying the process in the province of Córdoba, we are committed to increasing the number of organizations that get involved in this space and can contribute significantly to the commitments and action plans that are generated in the local and national OGP framework, contributing with their perspectives, knowledge and experiences in the construction of more participatory, transparent and inclusive open government policies.
More Information
– Territorialize the 2030 Agenda and the Sustainable Development Goals in four municipalities of the province with a significant perspective of open government, emphasizing collaboration between actors.
– Municipalities and partner social organizations that participate in the Local OGP Program in the incorporation of a gender perspective and a youth approach in the process of territorialization of the SDGs.
– Make visible the actions and processes developed within the framework of the OGP Local Program by local governments and civil society organizations.
– Promote processes of self-management of neighboring sustainable development through the Neighborhood Centers of the City of Córdoba, taking the Sustainable Development Goals as planning axes.
– Provide citizens with a digital application through which they can report incidents, claims and complaints.
– Continuous redesign of digital media systems to improve or optimize the experience of citizens and navigation.
Contact
Nina Sibilla, ninasibilla@fundeps.org.
The eviction in Molinari and the guarantees of the Escazú Agreement
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
According to what they said, the security forces arrived at the camp in the early hours of the morning and evicted them illegally, using violence and without a court order. There, the neighbors, environmental defenders in the terms of art. 9 of the Escazú Agreement, they protested in a peaceful way.
These types of actions that oppose peaceful protest by the security forces, violate fundamental rights such as the right to protest, association, opinion and expression, putting personal integrity at risk, protected by the international instruments and by the National Constitution. In addition, they constitute a serious violation of the specific provisions incorporated in the Escazú Agreement.
Let us remember that the Agreement is an international treaty that is in force in the Argentine Republic and whose provisions must be fulfilled and respected by all state authorities, including the security forces and authorities of the three state powers.
Article 9 of the treaty obliges these authorities to guarantee environmental defenders a safe environment to act without threats, restrictions and insecurity. For its part, it obliges them to take adequate and effective measures to protect and promote the rights:
– to the life
– to personal integrity
– to freedom of peaceful assembly and association
– to circulate freely
– to exercise the rights of access to information, public participation and justice.
Likewise, it obliges to adopt appropriate, effective and timely measures to prevent, investigate and punish any attack, threat or intimidation.
These measures must be adopted by all authorities, even in response to the actions of the security forces. Along these lines, a specific and differentiated duty is generated in those state institutions whose purpose is the protection of fundamental rights, such as the Ombudsman’s Office, the Ombudsman for Children and Adolescents, Senaf, the Public Ministry or judicial offices.
In this framework, the legal system has some instruments for the specific protection of rights. Thus, habeas corpus serves to protect the person from any act that imminently and seriously threatens the loss of their physical freedom (without this preventing the authorities from acting in the event of a crime); or in the face of the effective deprivation of physical liberty, for example, in cases of arbitrary and illegal arrest or detention.
On the other hand, the amparo action allows protecting other constitutional rights (strike, protest, freedom of assembly or association, etc.) against violations by the State or individuals.
On the other hand, there are procedures that can be activated in the face of institutional violence, such as complaints for the commission of crimes by the security forces; complaints before the National Directorate of Policies against Institutional Violence, among others.
In this catalog, the Communications before the Committee to Support the Application and Compliance of the Escazú Agreement are added. Before this body it will be possible (once it is formed) to present a communication in the event of the violation of any right recognized by Escazú, so that it intervenes in the case.
When these tools are used, the authorities must pay special attention and respond in accordance with the standards imposed by the Escazú Agreement, beyond the duty to implement actions, policies and legislative reforms that allow guaranteeing a safe environment for environmental defenders of preventative mode.
From Fundeps we repudiate any type of institutional violence such as the one that the residents of Punilla unfortunately suffered -according to their testimony-. These practices must be prevented by the authorities, guaranteeing their non-repetition and a safe and peaceful environment for the exercise of fundamental rights, especially of those who campaign for the protection of the environment.
More Information
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
*La Nueva Mañana newspaper photo
What did the “CORDOBA REPARA Festival” leave 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”.
The event organized by the Youth Directorate of the Municipality of Córdoba and the Free University of the Environment in conjunction with environmental organizations in the city, aimed to raise awareness about caring for the environment, reduction, reuse, recycling and recovery of waste and objects and the consumption of sustainable products made by local entrepreneurs. All this was manifested through different activities such as live shows, spaces for dialogue, organization stands, vegan, vegetarian and agroecological food stalls, reception of recyclables, collection of blankets and coats to donate and a space dedicated exclusively to the Club of Repairers x Córdoba.
Our proposal consisted of collectively building two maps, one of the city of Córdoba and another of the province, where the people who circulated indicated what environmental problems they knew (or suffered from). From the dialogue with each one of the people and from our maps, environmental problems emerged that are repeated throughout the city and the province, and that are also reiterated over time.
The community that participated, mostly residents of different neighborhoods and areas of the city, identified very similar problems, such as the lack of differentiated waste collection, the existence of open-air dumps throughout the city and especially in the area of bypass, the lack or malfunction of sewers and sanitation in general, the contamination of the Suquía River and neighborhood streams, the contamination produced by Porta Hermanos, the poor/lacking urban planning, the existence of neighborhoods in Córdoba without drinking water, among others. For their part, those who live on the outskirts of the city or other localities such as Mendiolaza, Villa Carlos Paz, Villa Allende, Río Ceballos, La Calera, Río Primero, Segundo, Tercero and Cuarto, Juarez Celman, Punilla, Coronel Moldes, Bell Ville , among others, stated that the main environmental problems are related to clearing, fumigation with agrochemicals, quarrying, contamination of water resources, open-air dumps, fires, floods, and conflicts arising from the Punilla and Paravachasca highways.
At the same time, the lack of citizen participation in environmental matters that manifests itself in all problems also emerged as a concern. They also noted the existing barriers whether in access to public information, access to justice or in the decision-making process.
We were able to observe and analyze that despite the extension and diversity that the city and the province of Córdoba have, the environmental problems are very similar and are repeated in each territory, in addition, that none of them is new, on the contrary, they are repeated and they are accentuated with the passing of the years. For these reasons, we believe that it is necessary to continue working to find alternatives to the form of “development” that has been carried out, while it is imperative and fundamental to strengthen the mechanisms of citizen participation and that the State assumes a true commitment in that sense.
More Information
Author
Ananda Lavayen
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
Red Global Cedaw: experiences of construction of shadow reports by feminist social organizations
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
All States that have signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) must submit periodic reports to its Committee to account for compliance with the international obligations assumed with their signature and accession. The civil society organizations of each country, depending on their experience and the work they carry out, can present a “shadow report”, a kind of alternative and complementary report to those presented by the States parties to account for the reality of women that they know first-hand, so that the Committee has the necessary tools to prepare the final recommendations.
In view of the relevance of the participation of organizations in this process, we were invited to participate in the meetings of the CEDAW Global Network, organized by Gloria Ramírez, Coordinator of the UNESCO Chair in Human Rights at UNAM. The objective of this Network is to create a space for convergence, dialogue and discussion around the experiences of elaboration and participation in the formation of CEDAW reports.
From our experience we present and share the process of preparing three reports for CEDAW, all in the framework of the 65th session of the Convention: Tobacco control in Argentina: pending tasks to protect women’s health; Gender violence and public communication policies and Access to natural resources of rural women in the Gran Chaco region of Argentina.
We heard contributions from both the UNESCO Chair in Human Rights at UNAM and civil society organizations from Ecuador, Guatemala, Uruguay and Colombia.
Throughout the meeting we shared experiences by country regarding the challenges of each region, as well as the implementation of the gender perspective in the different areas of the country. The possibility of collaboration agreements with the Chair was explored and we delved into the progress and challenges in reference to gender violence in each country.
In this framework, together with the Global Network and the organizations that make it up, we will continue working to support cooperation in monitoring the implementation of the commitments assumed by the States party to CEDAW, the preparation of shadow reports and the exploration and development of advocacy strategies to collaborate in the guarantee of the human rights of women and diversities and gender-based dissidence.
More Information
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
Cooperativism and Labor Organization at the Provincial University of Córdoba
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
Last Tuesday, the first meeting of the workshop on “Cooperativism and Labor Organization” was held, which seeks to enable debates around the logic of labor organizations. Together with the UPC, the first module was given where, throughout the day, topics were presented to rethink the economy and vindicate the identity of the workers of the Social and Solidarity, Popular and Feminist Economy.
The Diploma in Collaborative Processes of Textile Production is an instance of learning, communication and collaboration for all people with an interest in getting involved in textile knowledge from a critical and cooperative perspective proposed in coordination with the Network of Textile Producers of the Province of Córdoba.
This training initiative aims to guide the people involved towards a social and sustainable link with the profession and the trade, providing them with tools for its realization and motivating them to reflect on their practices.
From the work experience of the organizations, we talked about the problems that arise when it comes to sustaining self-managed organization spaces, as well as the strategies used by the different organizations to face the socio-economic crisis.
Throughout the conference, topics related to labor organization will be worked on, such as: administrative and legal tools, tax aspects and more.
Registration is still open at the following link: Enrollment in the Diploma in Collaborative Textile Production Processes
More Information
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
*Picture of Fashion Network
Challenges in the implementation of abortion: the Meeting of the National Alliance of Lawyers for the Human Rights of Women was held
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
More than 50 lawyers from different parts of the country met last weekend to discuss the challenges in the implementation of the Voluntary Interruption of Pregnancy Law and design legal strategies to overcome them.
Among the challenges encountered in access to the rights recognized by Law 27,610, more than a year after its sanction, the lack of knowledge about the law in the community, the geographic and economic barriers to access, the lack of of availability of health centers, the obstruction by social works and prepaid medicine companies, the obstruction derived from the abuse of the figure of conscientious objection and the improper judicialization of access to abortion. A special concern was expressed about the criminalization of the doctor Miranda Ruiz in the province of Salta, for which it was agreed to articulate strategies to support the request for her dismissal.
The meeting, led by lawyers from civil society organizations that make up the Alliance (Catholics for the Right to Decide, Fundeps, Amnesty International, CELS, ELA and Fundación MxM) allowed the exchange of local experiences and the strengthening of networks for the defense rights from a feminist perspective.
The Alliance is an intergenerational and federal space created in 2011 and made up of 300 legal professionals from 20 provinces. It is an articulation that allows the exchange between those who exercise the Law from different fields and for a more equitable and egalitarian society.
With the energies renewed thanks to the reunion, they agreed and articulated lines of action to continue demanding the effective application of the law throughout the country and online.
The concrete results of COP 1 of the Escazú Agreement
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
COP 1 had the participation of the Latin American and Caribbean States that today are obliged to comply with it. These are: Antigua and Barbuda, Bolivia, Ecuador, Guyana, Mexico, Nicaragua, Panama, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Saint Lucia, Uruguay and the Republic of Argentina.
A noteworthy point was that the Conference not only had the face-to-face participation of representatives of the public, but also interested people could participate online or follow its live broadcast on YouTube.
During the second day, two fundamental issues were discussed on the road to the implementation of the treaty. First, the draft Rules of Procedure of the Conference of the Parties were discussed. In addition, the modality for the significant participation of the public was discussed, as established by article 15.4 of the treaty.
Here it is worth highlighting the incorporation of a simple mechanism to select representatives of the public who will be able to participate in the COP and who, according to the provisional project, would have two seats enabled at the table in the room. In addition, one of the representatives will be part of the Board of Directors, the body in charge of presiding over the meetings.
Second, the Rules of composition and operation of the Committee to Support Application and Compliance (art. 18) were discussed. It should be noted that according to the revised project (later approved), the Committee constitutes a key body for monitoring the implementation of the Escazú Agreement by the States.
A key point in this latest regulation is the one that incorporates a communication mechanism for the public in the event of any non-compliance by the States. This constitutes a fundamental tool since it allows exposing the violation of the treaty, and after an internal procedure, the Committee must adopt the conclusions and recommendations for the “denounced” party, and must then report the case to the COP.
Finally, a draft decision on Human Rights Defenders in Environmental Matters was discussed. Around this problem that seriously affects the region, the Conference planned an open-ended ad hoc working group on human rights defenders, to develop an action plan; and a forum to prepare a final report as input.
Although there were tensions around the role of public participation based on the position of certain States, the truth is that the goals set and the regulations approved meet adequate and innovative standards (although they can be improved) in relation to any treaty. till the date. It provides tools of practical utility whose dissemination and use should be promoted, even when the participation of groups of people in situations of vulnerability has not been really significant.
More Information
Links of Interest
Contact
Juan Bautista López, juanbautistalopez@fundeps.org
*Picture of Diario Perfil