On April 27, we participated in a discussion with civil society organized by the Independent Consultation and Investigation Mechanism (MICI) of the IDB, on the occasion of the recent inauguration of its new director, Andrea Repetto. Civil society organizations, individuals and people from the public and academic sectors from different countries participated. One of the main points of discussion revolved around the evaluation of the Mechanism’s operation recently carried out by the Office of Evaluation and Oversight (OVE) of the IDB Group.
“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 Independent Consultation and Investigation Mechanism (MICI) was established in 2010 as an instance of last resort so that people who consider themselves affected by projects financed by the IDB Group can turn to the mechanism in search of a solution. In this regard, it should be noted that the complaints submitted must relate to non-compliance with the bank’s operating policies and not to other national and / or international regulations.
At the beginning of the discussion, the new director introduced herself personally, conducted a review of the most outstanding events of 2020 and indicated what the priorities of the mechanism will be during 2021.
Case management in times of COVID-19 and management priorities during 2021
In 2020, the MICI took actions to mitigate the impacts of the pandemic on claims management. Managed a total of 21 claims from communities potentially affected by projects financed by the IDB Group in 9 countries: 17 claims refer to IDB projects with the public sector and four to IDB Invest operations with the private sector. In addition, the MICI began, for the first time, a completely remote dispute resolution process in Colombia (Ruta del Cacao).
Similarly, with the recent assumption of Repetto as director, 2 priority areas were identified during 2021: on the one hand, the opening of the mechanism, seeking to make it more accessible to the communities that need it and, on the other, institutional learning, with The objective of adding more value to the IDB Group and reinforcing its accountability and sustainability.
OVE’s evaluation of the MICI
OVE carried out a first evaluation of the MICI in 2012 and identified significant problems in terms of its policy, structure and operation, recommending ending the pilot phase of the MICI and reformulating its policy and structure. Thus, in December 2014, the Bank’s Board of Directors approved a new policy and structure for the mechanism and, since the beginning of 2016, the MICI is also responsible for managing requests related to IDB Invest operations, that is, the private sector.
In the following evaluation (2015-2020), 19 cases were analyzed (between December 2014 – June 2020) and it was concluded that the MICI, in general, is operating in accordance with the principles established in its policy: independence, objectivity, impartiality, transparency and efficiency and that the current policy corrected important issues identified by OVE in its 2012 evaluation as limiting the proper functioning of the MICI. Similarly, there was greater consistency between the policy, the guidelines developed, and the associated processes. OVE also highlighted the consolidation of capacities in conflict resolution within the MICI.
However, there is still room for the MICI to deepen its efforts to maximize its contribution to the IDB Group’s system of safeguards and environmental and social standards.
A key issue that remained pending is judicial exclusion, which continues to be an important factor limiting the effective and efficient functioning of the MICI.
OVE also found that some requirements to access the mechanism are difficult for applicants to meet, such as the need to present their concerns to management before resorting to the MICI. In this regard, it should be mentioned that the difficulty of complying with the requirement of prior contact with the administration had to do, to a large extent, with the lack of a complaints management system within the IDB Group during the period under evaluation (2015 -2020) and one of the OVE evaluation recommendations points towards that goal.
Promotion of access and risk of retaliation
OVE indicated that the mechanism is not yet well known despite the important efforts of the MICI to make it known, including important work in the area of attention to the risk of retaliation that has important implications for safe access to the mechanism. Nor is it clear that at the institutional level there is consensus on the importance of publicizing the mechanism and how to achieve it. Not a minor issue, since access to the MICI depends on the knowledge that people have about the existence of the mechanism.
Finally, another point that the evaluation indicates that should be strengthened is the independence of the mechanism, a fundamental issue since the credibility of the mechanism depends on its ability to work independently. Although the MICI is an arm of the Board of Directors, its added value depends on the extent to which it can present you with frank and honest reports on complaints associated with IDB Group projects.
Based on these and other observations, OVE made 5 recommendations, directed both to the MICI and to the administration and the Boards of the IDB Group. These include: 1) implementing the management system for environmental and social claims of the IDB Group’s administration so that it is articulated with the MICI, 2) nullifying the judicial exclusion, 3) reinforcing the independence of the MICI, 4) ensuring the adoption of corrective measures when there are findings of non-compliance with the policies and related damages and, finally, 5) strengthen the internal capacities of the MICI.
One might wonder, however, if the limitations of the current policy can be remedied by incorporating OVE’s recommendations or if these limitations, on the contrary, necessitate a new comprehensive review of the policy, a measure that OVE has ruled out in its evaluation.
At Fundeps, we believe that this type of instance is essential to exchange opinions and positions in relation to how the Mechanism could be even more efficient and effective in its interventions to the problems that arise in our region. Likewise, we consider that a strengthening of the mechanism translates into an improvement in the accountability system of the IDB Group as a whole.
We hope that these instances will continue to be repeated over time and we celebrate that the MICI is willing to receive feedback from those who position themselves as users of the mechanism, being able to glimpse the shortcomings that the processes may have.
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Rights in the Escazú Agreement
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The main objective of the Agreement is to facilitate access to information, to citizen participation and justice in environmental matters, this being fundamental to strengthen democracy, sustainable development and care for the environment. Their Provisions include a gender perspective, open government, and criteria for priority in its application linked to people and groups in the condition of vulnerability. Finally, it incorporates a chapter specifically aimed at protection of human rights defenders in environmental matters.
The principles, rules and norms contained in the treaty are added to the broad and robust range of environmental laws in force in Argentina, reinforcing the rights and duties that govern in this matter. Most of these despite being in force, are systematically breached and injured by the powers of the authorities, particularly with regard to access to information, to the citizen participation and justice.
From Fundeps we elaborated a resource on the Escazú Agreement with information about its content, principles and rights that it guarantees. In addition, incorporates tools for legal information and for access to information environmental.
Faced with a scenario of constant violations of the right of access, it is It is important to know and disseminate the rights that Escazú guarantees to achieve their effective respect and application.
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Juan Bautista Lopez, juanbautistalopez@fundeps.org
ESCAZÚ AGREEMENT: Access to Information, Public Participation and Justice in Environmental Matters
This resource is intended to publicize the content, the rights it guarantees and the obligations of the State that govern the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean – called the Escazú Agreement. In addition, it incorporates in its annexes tools and models to exercise these rights before the authorities.
The Municipal Environmental Issues Training Process
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The ordinance obliges all persons who perform municipal public functions to receive training in environmental matters. In particular, the ordinance raises issues such as current regulations, with a focus on climate change, global warming, environmental care and ecological balance, urban solid waste management, the circular economy, biodiversity and the responsible use of resources in the workplace.
Although the regulations provide for a mechanism for access to information for the dissemination of the degree of compliance through various indicators, to date this has not been implemented. However, various events have been announced through the municipal portal in which the trainings were carried out.
In this framework, we request through the municipal platform for access to information, various points about the implementation process to date. The laws and ordinances that guarantee access to public environmental information allow this type of information to be requested in order to monitor public policies.
The truth is that on numerous occasions this type of request is not usually answered, impacting such action on the exercise of these rights. Access to information is a pillar for the defense of collective rights and for an adequate participatory environmental management.
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Juan Bautista López, juanbautistalopez@fundeps.org
Mobilization to reject the highway in Punilla
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The result of the public hearings held via the web was overwhelming. 90% of those who participated will express their rejection. Among some of the fundamentals, it is worth mentioning the one that shows that the project crosses 16 water courses, affecting the water bodies of any water dependent on access to drinking water in the communities. Likewise, if it indicates that it involves the affectation of 172 hectares of native forest -red category-, negatively impacting the functions of the ecosystems and the fauna that inhabits there.
In addition, the Environmental Impact Assessment procedure was carried out with notorious deficiencies, affecting citizen participation, a fundamental requirement to grant any authorization. In addition, in the face of this scenario of rejection by the communities, the national State issued Decree No. 295/2021 on May 3, through which it approves its approval for the construction of the highway. This is less problematic, as the Environmental Impact Assessment process is in the middle of the development process.
The EIA process must consider and review all observations. The rejection of the road was the driver of the exhibitions that were held in the public hearing, and must be evaluated at the time of issuing an administrative act. It is not possible to grant an environmental license due to a social license.
Photo: Tomás Medina
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Juan Bautista López, juanbautistalopez@fundeps.org
Advances and stagnations in the rights of LGBTIQA + people: towards material equality
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May 17 is a fundamental day to make visible and raise awareness about the multiple violence suffered by LGBTIQ + people.
By virtue of the incorporation of international human rights treaties into our constitution, eradicating discrimination based on gender is a duty assumed by the State and also a commitment by all of us who want to live in a more just and equitable society.
There are various tools to eradicate violence, one of them is the formation and creation of laws, which imply the recognition of rights. Among them we can name Law 26,485 on Comprehensive Protection to Prevent, Punish and Eradicate Violence; the 26,743 of gender identity; Law 26,150 on comprehensive sexual education; among other. Despite its recognition, in law there are two fundamental concepts: on the one hand, formal equality, and on the other, material equality. The first corresponds to what we have been talking about, the recognition and promotion of equal rights written in the law, but the second is the opposite. That is, it allows us to identify if what is written is reflected in everyday life and these rights are specified, generating real equality, or if they are simply statements narrated on paper.
According to updated data from Amnesty International, people who identify as lesbian, gay, bisexual, transgender or intersex, or are perceived as such, are at greater risk of being harassed and victims of violence because of their sexual orientation or gender identity. The life expectancy of the transvestite-trans population in Argentina is 35 to 41 years. In this sense, it is important to remember the case of Tehuel De La Torre, a trans boy who disappeared on March 11 of this year, when he left his home for a job interview. To this day Tehuel does not appear, there are few clues about his whereabouts since the last people who saw him alive do not provide information, and it is a case that does not have enough repercussion and dissemination in the hegemonic media. The Tehuel case highlights the reality of the country’s trans population: the situation of extreme vulnerability and exposure to multiple gender-based violence.
Among the discriminations that people suffer due to their sexual orientation or gender identity there are homophobia, lesbophobia and transphobia, which are irrational hatred towards people whose sexual orientation is different from heterosexuality and / or their gender identity does not matches your biological sex. An example of this is the rejection that was generated by a sector of Cordoba society towards the LGBTIQA + flag that was hung by the Municipality of the capital in Sarmiento Park. On that occasion, there were clear reactions of violence and hate mobilizations against him, even reaching the fact that on several occasions the flag was removed, including acts of physical violence against LGBTIQA + people.
The aforementioned regulations suffer some difficulties at the time of their implementation due to the resistance of conservative groups that hinder the development of this policy in society. Whether through legal litigation, media campaigns, legislative lobbies, and particularly resistance in teaching spaces such as schools. These sites are important institutions for socialization and learning, where issues of promoting equality and non-discrimination must be addressed early.
What has been said so far, makes it clear that despite having rights recognized in various laws (formal equality), even so, people continue to suffer multiple violence because of their sexual orientation and / or gender orientation (material equality) when they do not conform to the heterocisnorm. Therefore, the need for a comprehensive plan to eradicate violence is evident. The enactment of a law is not enough, but comprehensive public policies are required that provide true responses to the problem and a profound cultural change.
The province of Córdoba adhered to the Yolanda Law
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With the incorporation of certain particular regulations, the province of Córdoba sanctioned the regulations by which it adheres to National Law No. 27,592, called Yolanda Law in honor of Yolanda Ortiz, who was the first Secretary of Natural Resources and Human Environment of the Argentinian republic.
This law will oblige people who exercise public functions in the provincial State to be trained in the environment, with a perspective of sustainable development and with special emphasis on climate change. The Cordovan text incorporates issues of particular regional interest, numbered in an enunciative way, such as native forest, climate change, environmental law, urban solid waste management, environmental impact of public policies, preservation of protected areas and water resources, among others.
Likewise, fortunately, the enforcement authority is established in the same body of the law, with the Environment Secretariat being in charge of its application. In addition, it seeks to guarantee public access to information regarding the degree of compliance with the law, as well as granting the enforcement authority the power to enter into agreements with universities, scientific institutions, civil society organizations and other entities to ensure compliance with the standard.
Despite the fact that the regulations could have been superseded in relation to the National Law regarding the formation of a mixed application authority that incorporates the Ministry of Education, as well as the incorporation of a means of complaint or claim that allows the citizens contribute to the inspection process, we celebrate the provincial adherence to this important tool for environmental protection.
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Juan Bautista López, juanbautistalopez@fundeps.org
Access to Information Agency: The Executive must present a new proposal to designate its authority
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We celebrate that, after the public hearing in which the public was able to express themselves regarding the candidacy of Gustavo Fuertes to lead the AAIP, the Executive Power has not made progress in appointing him. Once the deadline with which he had to confirm said proposal has expired, it is now necessary that spaces for open discussion be urgently generated regarding the new profile that the Head of Cabinet should promote, to fill the vacancy in the Agency through a participatory process.
On March 23, the public hearing was held in which the candidacy of the lawyer Gustavo Fuertes was discussed to occupy the position of Director of the Access to Public Information Agency, which has been vacant since January 1, 2021. The hearing represented an opportunity for different people and civil society organizations to detail the numerous observations on the candidacy proposed by the Executive Power, which coincided in the lack of suitability and guarantees of autonomy of the candidate.
After this participatory instance, the Executive Power decided not to finally confirm the Strong’s nomination to the position. As indicated in Law 27,275 in its article 21 subsection f, the Chief of Staff had a period of seven days from the holding of the hearing to approve the appointment. After this period, then, the Executive Power must restart the selection process from the proposal of a new person to occupy the position.
The decision to listen to the arguments offered by different civil society organizations and individuals in an instance designed so that citizens can participate in relevant public decisions, and thereby review an official proposal, is a very valuable step in the construction of a democracy. deliberative in which reasons matter. For this reason, the fact that the Executive Power has desisted from advancing in a decision that was questioned with highly relevant arguments as a result of the impacts that it could have on the validity of the human right to access public information, should be highlighted.
This position, which has been vacant for more than four months, is fundamental to the democratic system. In the first place, because it has the role of ensuring full transparency of all institutions and identities under the orbit of the Executive Power (which is achieved by centralized and decentralized public administration bodies, public companies and with state participation, public service concessionaires , State contractors, among others). In turn, it has among its functions to ensure the protection of the right to privacy and the full application of the Law on Protection of Personal Data. Both functions, due to their implications in the exercise of other rights, cannot be postponed for any reason, even less in an emergency context such as the current one.
For all these reasons, it is urgent that the Executive Branch send a new candidacy for the position in accordance with the standards of suitability and autonomy set forth in Argentine regulations and international law. This implies, among other antecedents, that the person has extensive experience in access to public information and protection of personal data, in such a way that his commitment to the effectiveness of these human rights can be corroborated. For this, it is desirable that open instances be generated to discuss the profile required for the person who is proposed, and that this result in the prompt appointment of a new authority and the consequent normalization of the operation of the Access Agency. Public Information.
We have done observations on the Projects of provincial adhesion to the Yolanda Law
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This process is a good practice to be carried out. However, today with the entry into force of the Escazú Agreement, such spaces already constitute an obligation of the provincial State and not only the exercise of political good will. Adequate publicity and convocation, as well as the organization and distribution of time, fostering broad participation, must be considered in pursuit of a true environmental democracy.
In the framework of the participatory process, we refer to the Environmental Commission of the provincial Legislature, which we consider are necessary adjustments for a regulation that exceeds the national one. Thus, observations were made regarding the way in which an enforcement authority should be designed in accordance with the objectives of the law, the process of creating and evaluating training programs and content for people who exercise public functions, as well as also the introduction of complaint or claim mechanisms that allow citizens to effectively monitor and control compliance with environmental training.
We believe that a provincial regulation can be surpassed, if it incorporates mechanisms aimed at guaranteeing greater participation both in its gestation stage and in the monitoring and implementation processes.
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The Chamber of Deputies approved the Yolanda Law
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Juan Bautista López, juanbautistalopez@fundeps.org
The Deliberative Council of Córdoba would prohibit the display of ultra-processed products in checkout lines
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The initiative, presented by Juan Pablo Quinteros – neighborhood meeting – and Nicolás Piloni – officialism – establishes the incorporation of a sanction to who “exhibits merchandise that are classified by the competent municipal authority as” ultra-processed products “, in supermarkets, hypermarkets and pharmacies with long hours of operation and self-service format, within a radius of 3 (three) meters from the cash register or any other collection area located for this purpose.
Some years ago, excess malnutrition was described as a problem in developed countries. Today this scenario has radically changed and the epidemic has spread at alarming speed in low- and middle-income countries.
The underlying causes of overnutrition, diseases related to excessive food intake, and nutritional imbalance are complex and multidimensional. Food is the product of a set of social, economic and cultural factors that are influenced by the availability, cost and variety of food, along with custom, beliefs and information accessed on eating habits, among others. In this framework, advertising plays a central role, influencing the preferences and eating habits of the population. There is clear evidence about the influence of unhealthy food advertising on the types of foods that children prefer, order and consume. In general, these are ultra-processed products with a high content of sugar, fat or salt.
When we refer to advertising, not only traditional forms, mass media and social networks are included; but also, and very especially in the case of food, the advertising that appears on the packaging, package or container of the product, since it is also conceived with the intention of awakening in the future acquirer the desire to access the good. It is there where the display of the product takes on special relevance.
The alarming figures on excess malnutrition highlight the need for states to adopt measures to avoid excessive and unbalanced food consumption. The design and implementation of public policies that favor the creation of healthy environments is essential. The Argentine State, according to its constitutional precepts and international human rights treaties, is in charge of three types of obligations, these are: to respect, protect and guarantee the right to health and the right to adequate food. In this specific issue, the obligation to protect is the most relevant insofar as it requires active action by the State to regulate the conduct of third parties that, through their activity, may affect the fundamental rights of the population.
In this sense, the World Health Organization (WHO) and other international organizations have published in recent years, numerous documents that, based on scientific evidence free of conflict of interest, establish a set of measures to regulate the environments and products, in order to promote healthy habits and thus stop the growth of excess malnutrition. Among the measures are: the frontal labeling of warnings, fiscal measures, the promotion of a healthy school environment and the restriction of advertising, including the display of products as part of it.
That is why we urge this Deliberative Council to take a step forward in restricting the display of ultra-processed products in the vicinity of checkout counters in supermarkets, hypermarkets and pharmacies. Through a measure such as this, the State will be protecting the rights of consumers, and especially, ensuring the health of boys and girls.
Image source: @nutricionistasderionegro
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Negotiations between Argentina and China continue for the construction of Atucha III
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The Ambassador of Argentina in China, Sabino Vaca Narvaja, the Secretary of Energy of the Nation, Darío Martinez, and the director of Nucleoeléctrica Argentina, Isidro Baschar, held, on April 6, a meeting with the directors of the National Agency for Energía de China (NEA) and the China Nuclear Corporation (CNNC), in which they agreed to boost negotiations for the construction of the fourth nuclear power plant in Argentina.
The representatives of Argentina and China reviewed the status of the negotiations for the construction of the nuclear power plant in our country with Chinese technology. In addition, they explored the possibility of expanding the bilateral link in other areas of cooperation, such as the Argentine export of services and components for Chinese nuclear projects and the life extension of nuclear power plants in China.
The Secretary of Energy, Darío Martinez, affirmed that “the project of the IV Nuclear Power Plant has the full support of the President of the Nation and is on the list of priority projects between both countries.” Likewise, Sabino Vaca Narvaja explained that “Argentina has a highly developed platform in the nuclear sector with its own developments and a unique scientific base in the region. Achieving our fourth nuclear power plant, in addition to expanding our energy sovereignty, will place us at the forefront of a sector with historical development in our country ”.
For his part, the Deputy Director of the Department of Nuclear Energy of NEA, Qin Zhijun, stressed the importance of nuclear energy in the Chinese development strategy, in particular, considering the need to have a diversified energy matrix, as well as the importance of nuclear energy in the fight against climate change.
Worry in Washington
On April 14, two high-ranking officials of the United States government arrived in Argentina. The Director for the Western Hemisphere of the National Security Council, Juan Gonzalez, and the Acting Undersecretary of the State Department for Western Hemisphere Affairs, Julie Chung, shared a lunch with the President of the Nation, Alberto Fernandez at Quinta de Olivos . Also, in the evening, they shared a dinner with the President of the National Chamber of Deputies, Sergio Massa.
Joe Biden’s government officials asked the Argentine government for “prudence” in relation to China. Likewise, they expressed their concern about the project for the construction of the Atucha III nuclear power plant, with financing and technology from China.
The concern on the part of the United States in the construction of the nuclear power plant with technology and financing from China reflects that Argentina is not exempt from the current political dynamics characterized by competition between the two giants.
Atucha III, the fourth nuclear power plant in the country
The construction of this project is scheduled to be located at the Atucha Nuclear Complex, located in Lima, Zárate district, about 100 km from the City of Buenos Aires. In this same complex are the Atucha I and II nuclear power plants.
According to Nucleoeléctrica Argentina S.A, the negotiations contemplate that the reactor to be built in the new plant is a Hualong HPR1000 Pressurized Water Reactor (PWR) of Chinese origin. How do these reactors work? Basically they use enriched uranium as a source of heat (thermal energy), which is transported by high pressure water to a steam generator, which in turn converts that water into steam that drives an electricity generating turbine. This is the type of reactor most used in the world for electricity generation.
With regard to risks, NASA assures that “the safety levels of the Hualong reactor are significantly high and the risks of delay during construction are reduced.”
This new plant would be capable of generating 1200 MWe of gross energy. To put this in perspective, the Atucha I, Atucha II and Embalse reactors generate 362 MWe, 745 MWe and 656 MWe respectively.
Given the characteristics of the project in question, the type of energy to be used, the controversy regarding the technology to be used and its impact on the external positioning of the Argentine Republic in a context of dispute between the United States and China, from Fundeps we propose the need to that the national State faces the negotiation process in a transparent way and provides a broad framework for debate within Argentine society regarding the project and the use of atomic energy.
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Gonzalo Roza, gon.roza@fundeps.org
The day of the animal in Argentina
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The current context of environmental and climate crisis requires animal protection as a fundamental component of the different ecosystems from a comprehensive perspective. The degradation of native forests, rivers, wetlands and other biomes, necessarily affects the different species that inhabit them and that fulfill important ecosystem functions.
In addition to the animal impact caused by environmental degradation, today there are production, consumption and scientific development systems that base their practices on the use of certain non-human species. These apply devious methods that cause great suffering in the animal body. There are also certain practices or traditions that by their very nature are built on animal suffering.
The anthropocentric vision – the human being as the center of all things – seems to be the foundation of such practices, since it has placed the human being at the top of the pyramid of species and the non-human animals subordinate to their own satisfaction. Threat is the model of appropriation of nature that the human species has conceived.
In this regard, there are production and consumption alternatives that promote the adoption of sustainable and non-cruel habits for animals. An example of this is agroecology, whose practices are based on an interrelation aimed at avoiding unnecessary suffering of the species, under the application of certain practices that free the animal from pain, hunger, fear, discomfort and allow it to express its normal behavior.
Finally, some States recognize animals and ecosystems the status of subjects of non-human rights, guaranteeing them a certain degree of legal protection. Legal cases such as that of the Chimpanzee Cecilia in Mendoza or the orangutan Sandra in Buenos Aires, have opened in our country this line of recognition of rights to non-human entities.
Undoubtedly, Animal Day raises awareness about the importance of the respect and care they deserve, of protecting endangered species or promoting learning about their role as part of the environment. It is also an opportunity to generate questions about the way in which society relates to other species, putting in tension given structures and conceptions, in order to guarantee the integrity of those who make up nature as a whole.
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Juan Bautista López, juanbautistalopez@fundeps.org
We participated in a discussion with the new MICI director, Andrea Repetto
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The Independent Consultation and Investigation Mechanism (MICI) was established in 2010 as an instance of last resort so that people who consider themselves affected by projects financed by the IDB Group can turn to the mechanism in search of a solution. In this regard, it should be noted that the complaints submitted must relate to non-compliance with the bank’s operating policies and not to other national and / or international regulations.
At the beginning of the discussion, the new director introduced herself personally, conducted a review of the most outstanding events of 2020 and indicated what the priorities of the mechanism will be during 2021.
Case management in times of COVID-19 and management priorities during 2021
In 2020, the MICI took actions to mitigate the impacts of the pandemic on claims management. Managed a total of 21 claims from communities potentially affected by projects financed by the IDB Group in 9 countries: 17 claims refer to IDB projects with the public sector and four to IDB Invest operations with the private sector. In addition, the MICI began, for the first time, a completely remote dispute resolution process in Colombia (Ruta del Cacao).
Similarly, with the recent assumption of Repetto as director, 2 priority areas were identified during 2021: on the one hand, the opening of the mechanism, seeking to make it more accessible to the communities that need it and, on the other, institutional learning, with The objective of adding more value to the IDB Group and reinforcing its accountability and sustainability.
OVE’s evaluation of the MICI
OVE carried out a first evaluation of the MICI in 2012 and identified significant problems in terms of its policy, structure and operation, recommending ending the pilot phase of the MICI and reformulating its policy and structure. Thus, in December 2014, the Bank’s Board of Directors approved a new policy and structure for the mechanism and, since the beginning of 2016, the MICI is also responsible for managing requests related to IDB Invest operations, that is, the private sector.
In the following evaluation (2015-2020), 19 cases were analyzed (between December 2014 – June 2020) and it was concluded that the MICI, in general, is operating in accordance with the principles established in its policy: independence, objectivity, impartiality, transparency and efficiency and that the current policy corrected important issues identified by OVE in its 2012 evaluation as limiting the proper functioning of the MICI. Similarly, there was greater consistency between the policy, the guidelines developed, and the associated processes. OVE also highlighted the consolidation of capacities in conflict resolution within the MICI.
However, there is still room for the MICI to deepen its efforts to maximize its contribution to the IDB Group’s system of safeguards and environmental and social standards.
A key issue that remained pending is judicial exclusion, which continues to be an important factor limiting the effective and efficient functioning of the MICI.
OVE also found that some requirements to access the mechanism are difficult for applicants to meet, such as the need to present their concerns to management before resorting to the MICI. In this regard, it should be mentioned that the difficulty of complying with the requirement of prior contact with the administration had to do, to a large extent, with the lack of a complaints management system within the IDB Group during the period under evaluation (2015 -2020) and one of the OVE evaluation recommendations points towards that goal.
Promotion of access and risk of retaliation
OVE indicated that the mechanism is not yet well known despite the important efforts of the MICI to make it known, including important work in the area of attention to the risk of retaliation that has important implications for safe access to the mechanism. Nor is it clear that at the institutional level there is consensus on the importance of publicizing the mechanism and how to achieve it. Not a minor issue, since access to the MICI depends on the knowledge that people have about the existence of the mechanism.
Finally, another point that the evaluation indicates that should be strengthened is the independence of the mechanism, a fundamental issue since the credibility of the mechanism depends on its ability to work independently. Although the MICI is an arm of the Board of Directors, its added value depends on the extent to which it can present you with frank and honest reports on complaints associated with IDB Group projects.
Based on these and other observations, OVE made 5 recommendations, directed both to the MICI and to the administration and the Boards of the IDB Group. These include: 1) implementing the management system for environmental and social claims of the IDB Group’s administration so that it is articulated with the MICI, 2) nullifying the judicial exclusion, 3) reinforcing the independence of the MICI, 4) ensuring the adoption of corrective measures when there are findings of non-compliance with the policies and related damages and, finally, 5) strengthen the internal capacities of the MICI.
One might wonder, however, if the limitations of the current policy can be remedied by incorporating OVE’s recommendations or if these limitations, on the contrary, necessitate a new comprehensive review of the policy, a measure that OVE has ruled out in its evaluation.
At Fundeps, we believe that this type of instance is essential to exchange opinions and positions in relation to how the Mechanism could be even more efficient and effective in its interventions to the problems that arise in our region. Likewise, we consider that a strengthening of the mechanism translates into an improvement in the accountability system of the IDB Group as a whole.
We hope that these instances will continue to be repeated over time and we celebrate that the MICI is willing to receive feedback from those who position themselves as users of the mechanism, being able to glimpse the shortcomings that the processes may have.
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