Every September 28 we celebrate the International Day of Access to Public Information in order to promote government transparency and raise awareness among citizens in the exercise of this human right. This day has been held since 2002, following a conference held in Bulgaria, organized by defenders of freedom of information from 15 countries. Years later, in 2015, the United Nations Educational, Scientific and Cultural Organization (UNESCO) proclaimed the celebration of this date in order to consolidate public awareness about the importance of access to 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 Right of Access to Public Information (DAIP) is a fundamental right that every person has to request and receive information that is in the possession of the State. In return, it is an inescapable duty of the public powers to implement and ensure compliance with the objective of making public management transparent. In its collective dimension, the DAIP acquires relevance for the strengthening of democracy since it functions as a mechanism to guarantee accountability and citizen control. In turn, it is a key right that enables and enhances the enjoyment of other human rights, such as health, a healthy environment, education, among others.
Access to information held by public entities can be guaranteed in two ways. Through active transparency, that is, when the State proactively publishes information or through a request for public information before a specific body, which is known as passive transparency.
Access to information in the province of Córdoba
In November 2019, and with the support of 14 organizations throughout the country, we launched the report “Córdoba: a proposal to update the law on access to public information” where, at the same time, highlighting the main international standards on the matter , we make specific recommendations so that Córdoba updates its law No. 8803 on Access to Knowledge of State Acts dating from 1999. From that moment to date, nothing has changed, so the update claim is still in force, let’s see what they are the main shortcomings of the law:
- It is a law of 10 articles that, for the most part, is limited to establishing the procedure to access public information and fails to regulate the right of access to information in a comprehensive manner, so as to ensure its effective compliance.
- It does not enunciate, beyond the principle of “publicity of government acts”, other key principles in order to guarantee the right of access to public information to any person.
- It defines “public information” in a very limited way as “any type of documentation that serves as the basis for an administrative act or the minutes of official meetings.” In general, “document” refers to a written medium. That is why this definition is extremely restrictive and defines, ultimately, what citizens will or will not have access to. It is advisable that a broader definition of public information be followed as the national law does.
- It contains a limited number of subjects obliged to provide information: it does not contain entities that receive public funds (such as political parties or unions) or are contractors of the State to provide a public service; and as for the Judicial Power, it restricts it to its administrative activity.
- It does not provide for active transparency, so the type of information that it publishes is at the discretion of the provincial government without being subject to any type of control or minimum floor of information to be published.
- It does not foresee measures for the promotion, implementation and assurance of the right, as is the case of the existence of an Access to Public Information Agency.
Access to public information is essential for the exercise of its function and the achievement of its objectives, since it constitutes a first element of analysis to be able to monitor public policies and collaborate accordingly.
In 2019, of more than 100 AIP requests made between the municipality and the province of Córdoba, only 10 were answered. There is also a practice that violates the principle of publicity and the strengthening of the institutions of democracy; This is to respond to requests for information, once they are prosecuted.
As an example we can cite the case “Foundation for the Development of Sustainable Policies c / Secretariat of Financial Administration of the Ministry of Finance of the Government of the Province of Cba. – Amparo Por Mora (Law 8,803) – Appeal for Cassation ”, in which, after 10 years we obtained in 2019 a favorable ruling from the Superior Court of Justice of Córdoba on budgetary information required in 2010 from the provincial and municipal governments regarding to the registry of suppliers and to the funds of direct execution in the hands of Ministers. Likewise, and without yet having a final judgment, in August 2019 we filed an amparo action against the provincial Ministry of Health for not responding to a request for information on health services in the area of sexual and reproductive health in the province of Cordoba.
What happened this pandemic year?
The outbreak of the pandemic highlighted and exacerbated the difficulties that already existed and hindered the full exercise of the right of access to public information.
As is known, at the beginning of the pandemic and together with the mandatory social isolation measures, the “suspension of administrative terms” was ordered at all levels of government, both national, provincial and municipal, which implied a “stop” in the normal functioning of the entire public administration. In this area, it is worth highlighting a good practice on the part of the National Agency for Access to Public Information, which on April 14 of this year ordered through resolution 70/2020 to exempt itself from the general suspension of administrative deadlines so that all the procedures derived from both the national law on access to public information and the law on the protection of personal data, will be active. One of the fundamentals he used was the following “in the face of an emergency situation and a health crisis resulting from the pandemic generated by COVID 19, accessing public information is essential to know the Administration’s performance and avoid arbitrariness in taking of public decisions ”. We highlight this decision, which enabled Fundeps to make a total of 24 requests for public information at the national level, having already obtained 17 responses, which allows us to continue monitoring some key public policies on human rights.
Although at the provincial and municipal level, and in part due to the lack of active and interactive AIP Agencies with society and / or publicity of information related to AIP requests since the beginning of the pandemic, it was not possible to establish exactly when is that the AIP deadlines and mechanism were resumed.
At the municipal level, and given the new government management, the information request website has been updated, available here. For its part, the province forged by the emergency situation and social distancing that made it impossible to manage AIP requests in the only way that they were foreseen, that is to say in person, has settled a historical debt which has been the creation of a site of online inquiries to make requests for public information. Although we celebrate this progress, which is key in this period and which will facilitate the management of requests once it has ended, we consider that the requirement to have a Digital Citizen to be able to make a request for public information is excessive in terms of human rights. Although it may be desirable for the province for the entire population to manage its Digital Citizen, the right of access to public information cannot be subject to a formal and technological requirement such as this one. This is absolutely contrary to both the standards that guide this right and current legislation.
The Inter-American Model Law on Access to Public Information establishes that any person must access public information even anonymously, only having to provide a contact information in order to obtain the required information. Argentina, at the time of enacting Law 22,175 on access to public information in 2016, indicated that the requesting person must indicate their identity, the information requested and a contact information. Similarly, it is foreseen in Córdoba, in Article 6 of Law No. 8,803 where it is established that “the request for information must be made (…) with the identification of the applicant, without being subject to any other formality”. Therefore, the requirement of having a Digital Citizen is clearly an obstacle in the exercise of this human right.
In this context, some claims are still in force and are being deepened in order to effectively exercise the right of access to public information, such as the updating of Law No. 8,803 on “access to knowledge of the acts of the State” of Córdoba that dates from 1999, that special emphasis be placed on the obligation of active transparency by the States, having to publish complete and current information in open formats, as well as the creation of an Access to Public Information Agency at the provincial level that guarantees the full validity of this right.
Contact
Nina Sibilla, ninasibilla@fundeps.org
Nuclear cooperation between Argentina and China advances
“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 government of Alberto Fernández advances in the signing of the contract for the fourth nuclear power plant with the Asian giant. The preliminary agreements signed in 2014 and 2015 included the construction of two nuclear reactors. One of the reactors would be made of Candu-type natural uranium, a technology that Argentina handles, and the other reactor would be Hualong-type enriched uranium, of Chinese origin.
However, in the Macri government modifications were made to the agreements with China and in 2018 it was decided to build only the Hualong-type reactor, a model that is planned to be built in this administration. This type of reactor will require an investment of USD 8 billion and for this Argentina will have to import the fuel for the plant to function, which implies that the country depends on foreign suppliers. Several specialists such as José Luis Antúnez, Andrés Kreiner, Gabriel Barceló and Eduardo Barreiro are against this type of reactor and insist on the need to continue with the natural uranium technology that uses the Candu model.
On the other hand, proponents of the construction of the Hualong reactor such as Sabino Vaca Narvaja and Isidro Baschar see its construction as a smart partnership with China that will help strengthen national development. Also, they are negotiating the possibility of the country producing the nuclear fuel that this reactor model needs and thus avoiding dependence on foreign suppliers. In addition, they highlighted that the plant will have a Chinese loan of USD 7,900 million that will begin to be paid when the reactor generates electricity, that is, in 8 years. Regarding the cancellation of the construction of the Candu reactor, Vaca Narvaja and Baschar argued that the Ministry of Energy is working to reactivate it.
Regarding the choice to build nuclear power plants instead of opting for renewable energies such as wind and solar, it raises concern not only because of the higher construction cost but also because of the risks that nuclear energy implies. Detractors of the Hualong nuclear power plant maintain that it would not even be useful to develop the scientific-technological system, that if it occurs in other types of reactors such as the Candu.
The moment chosen to advance in the construction of the nuclear power plant is also questioned since, due to the context of the economic crisis and the restructuring of the debt in which Argentina finds itself, it would not be opportune to take on debt nor is energy necessary nuclear since at present the country has no deficit in energy production.
It should be noted that the commitment to greater nuclear development is closely linked to the type of energy matrix and the development model promoted by the country. In turn, it involves and affects, directly or indirectly, a wide variety of actors. Therefore, from Fundeps we consider that this type of decision should necessarily include a deep debate at the social level, with the necessary transparency and participation of the different social actors involved. Unfortunately this does not appear to be the case.
More information
Author
Sofia Brocanelli
Contact
Gonzalo Roza, gon.roza@fundeps.org
Right to Access to Information Day
“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 Right of Access to Public Information (DAIP) is a fundamental right that every person has to request and receive information that is in the possession of the State. In return, it is an inescapable duty of the public powers to implement and ensure compliance with the objective of making public management transparent. In its collective dimension, the DAIP acquires relevance for the strengthening of democracy since it functions as a mechanism to guarantee accountability and citizen control. In turn, it is a key right that enables and enhances the enjoyment of other human rights, such as health, a healthy environment, education, among others.
Access to information held by public entities can be guaranteed in two ways. Through active transparency, that is, when the State proactively publishes information or through a request for public information before a specific body, which is known as passive transparency.
Access to information in the province of Córdoba
In November 2019, and with the support of 14 organizations throughout the country, we launched the report “Córdoba: a proposal to update the law on access to public information” where, at the same time, highlighting the main international standards on the matter , we make specific recommendations so that Córdoba updates its law No. 8803 on Access to Knowledge of State Acts dating from 1999. From that moment to date, nothing has changed, so the update claim is still in force, let’s see what they are the main shortcomings of the law:
Access to public information is essential for the exercise of its function and the achievement of its objectives, since it constitutes a first element of analysis to be able to monitor public policies and collaborate accordingly.
In 2019, of more than 100 AIP requests made between the municipality and the province of Córdoba, only 10 were answered. There is also a practice that violates the principle of publicity and the strengthening of the institutions of democracy; This is to respond to requests for information, once they are prosecuted.
As an example we can cite the case “Foundation for the Development of Sustainable Policies c / Secretariat of Financial Administration of the Ministry of Finance of the Government of the Province of Cba. – Amparo Por Mora (Law 8,803) – Appeal for Cassation ”, in which, after 10 years we obtained in 2019 a favorable ruling from the Superior Court of Justice of Córdoba on budgetary information required in 2010 from the provincial and municipal governments regarding to the registry of suppliers and to the funds of direct execution in the hands of Ministers. Likewise, and without yet having a final judgment, in August 2019 we filed an amparo action against the provincial Ministry of Health for not responding to a request for information on health services in the area of sexual and reproductive health in the province of Cordoba.
What happened this pandemic year?
The outbreak of the pandemic highlighted and exacerbated the difficulties that already existed and hindered the full exercise of the right of access to public information.
As is known, at the beginning of the pandemic and together with the mandatory social isolation measures, the “suspension of administrative terms” was ordered at all levels of government, both national, provincial and municipal, which implied a “stop” in the normal functioning of the entire public administration. In this area, it is worth highlighting a good practice on the part of the National Agency for Access to Public Information, which on April 14 of this year ordered through resolution 70/2020 to exempt itself from the general suspension of administrative deadlines so that all the procedures derived from both the national law on access to public information and the law on the protection of personal data, will be active. One of the fundamentals he used was the following “in the face of an emergency situation and a health crisis resulting from the pandemic generated by COVID 19, accessing public information is essential to know the Administration’s performance and avoid arbitrariness in taking of public decisions ”. We highlight this decision, which enabled Fundeps to make a total of 24 requests for public information at the national level, having already obtained 17 responses, which allows us to continue monitoring some key public policies on human rights.
Although at the provincial and municipal level, and in part due to the lack of active and interactive AIP Agencies with society and / or publicity of information related to AIP requests since the beginning of the pandemic, it was not possible to establish exactly when is that the AIP deadlines and mechanism were resumed.
At the municipal level, and given the new government management, the information request website has been updated, available here. For its part, the province forged by the emergency situation and social distancing that made it impossible to manage AIP requests in the only way that they were foreseen, that is to say in person, has settled a historical debt which has been the creation of a site of online inquiries to make requests for public information. Although we celebrate this progress, which is key in this period and which will facilitate the management of requests once it has ended, we consider that the requirement to have a Digital Citizen to be able to make a request for public information is excessive in terms of human rights. Although it may be desirable for the province for the entire population to manage its Digital Citizen, the right of access to public information cannot be subject to a formal and technological requirement such as this one. This is absolutely contrary to both the standards that guide this right and current legislation.
The Inter-American Model Law on Access to Public Information establishes that any person must access public information even anonymously, only having to provide a contact information in order to obtain the required information. Argentina, at the time of enacting Law 22,175 on access to public information in 2016, indicated that the requesting person must indicate their identity, the information requested and a contact information. Similarly, it is foreseen in Córdoba, in Article 6 of Law No. 8,803 where it is established that “the request for information must be made (…) with the identification of the applicant, without being subject to any other formality”. Therefore, the requirement of having a Digital Citizen is clearly an obstacle in the exercise of this human right.
In this context, some claims are still in force and are being deepened in order to effectively exercise the right of access to public information, such as the updating of Law No. 8,803 on “access to knowledge of the acts of the State” of Córdoba that dates from 1999, that special emphasis be placed on the obligation of active transparency by the States, having to publish complete and current information in open formats, as well as the creation of an Access to Public Information Agency at the provincial level that guarantees the full validity of this right.
Contact
Nina Sibilla, ninasibilla@fundeps.org
We participate in a discussion on climate change
“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”.
Together with members of La Ruta del Clima, Yale University, environmental activists, and members of the Rapporteurship for Economic, Social, Cultural and Environmental Rights of the Inter-American Commission on Human Rights, we participated in a virtual conversation. Each person in charge of the exhibition gave an account of the challenges faced by their own States and societies in Latin America and the Caribbean around the phenomenon of Climate Change.
The discussion was organized by members of the Heinrich Böll Colombia organization, and had as its axis the report on Climate Change and the rights of Women, Indigenous Peoples, and Rural Communities of the Americas, prepared by various civil society organizations. In particular, various topics related to human rights affected by the phenomenon, obligations of States and Intergovernmental Organizations at the regional level and challenges in the region were discussed.
From the presentation of each member, it is possible to see that the challenges at the regional level are not different between the various States, which are faced with similar contexts around the weak economic situation, social crisis impregnated with profound inequality and extractivist policies. From Fundeps we appreciate the invitation to the event, and we applaud these meeting spaces, which are a fundamental part in the construction of an environmental citizenship.
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
The province on fire, again
“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 month of August, the province suffered serious fires that spread over over 40 thousand hectares, causing serious socio-environmental damage, that is, destruction and disappearance of forest ecosystems, damage to homes and evacuations of those who live in the vicinity. Even though its effects persist in the burned areas, new sources of fires are seriously affecting other geographical sectors of Cordoba.
This serious situation makes it possible to question the actions of the authorities regarding the efficiency or even existence of a system to prevent these phenomena. The reality is that less than a month after the last fires, prevention failed again and today it is necessary to observe and regret – again – the loss of biodiversity and the damage to mountain communities due to intentional fires in the province.
The objectives and values that arise from the environmental protection regulatory system, and in particular, from the fire management system (National Fire Management Law No. 26,815) and that should guide the implementation of public policies around the phenomenon, they were and are clearly unfulfilled. The early warning and action systems envisaged in the regulations seem to be part of an ideal far from their effective implementation.
Notwithstanding this, even when the preventive stage has largely failed, it is important to emphasize the duty of recomposition that weighs on those who are responsible for the fires as well as on the authorities, and on the important role played by citizens and civil society in demanding compliance. Contrary to what seems to have happened on the preventive side, the recomposition cannot and should not constitute an illusion. Real measures must be put in place to guarantee, from a technical point of view, adequate restoration of ecosystems, ensuring real (not fictitious) citizen participation that allows communities to monitor and be part of this process.
At this point, it is necessary to clarify that, according to current regulations, the areas that were protected by the categories of forest land management do not lose this categorization due to fires, and there is an obligation to recompose them. This circumstance should not be ignored because any undertaking or action that intends to use these territories must be subject to the restrictions that are in force for the corresponding protection category, even when as a result of the fire there is no native forest there.
On the other hand, it is important to note that even when the figure of “ecocide” serves as a conceptual category to frame the events, the truth is that from the legal point of view, it is not incorporated into the Argentine criminal law. The reality is that the use of category can divert attention, blurring the true criminal responsibility attributable from Arts. 186,187, 188 and 189 of the Penal Code, that is, the crime of arson in its various forms and according to its various qualifiers. For this reason, it is important to note that this type of responsibility exists, is punishable by the Penal Code, can and should be reported, investigated and tried, without prejudice to the corresponding responsibilities regarding environmental recomposition.
From Fundeps, we believe that the authorities should, among other possible measures, carry out effective prevention actions immediately; comply with an adequate investigation in order to determine and attribute the corresponding responsibilities for the damages or crimes committed; launch an environmental recomposition plan closely linked to citizen participation; and to tend to the protection of all the native forest ecosystems existing in the province not only in relation to fires but also around any activity that threatens their integrity.
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
Source
Images of fires in Falda del Carmen and Bosque Alegre (Pedro Castillo / La Voz)
Argentina ratified 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”.
During the month of August, the Chamber of Senators had already approved the bill to ratify the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean ( Escazú Agreement). Yesterday, following the procedure established by our Constitution, the Chamber of Deputies gave the remaining half sanction necessary for the effective ratification of the Agreement.
Thus, Argentina became the tenth country to carry out this act. This is important because we remember that the text of the Agreement itself provides, in its art. 22, the entry into force after the 90th day from the deposit of the eleventh instrument of ratification, acceptance, approval or accession with the Secretary General of the United Nations (depositary of the agreement). This means that only one more State ratification would remain before the 90-day period prior to the effective entry into force begins.
Let us remember that this treaty is not only innovative in its content because it was consolidated from an arduous process of debate and citizen participation, but because it constitutes the first international normative instrument that guarantees and establishes a protection system for those who are defenders of the human rights in environmental matters. It should be noted that the Latin American and Caribbean region registers the highest number of murders of those who carry out this task.
Likewise, the text regulates the rights of access to information, citizen participation and environmental justice. Although in the Republic there are norms that guarantee the respect of these rights, the truth is that the approval of the treaty affects its effective fulfillment and enjoyment, since it places the State in the obligation to comply with its international commitments under penalty in responsibility for its breach.
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
Agrochemicals, an environmental and public health problem
This document aims to examine, from a comprehensive environmental and public health perspective, the impacts caused by the application of agrochemicals. One of the many consequences of the existing agricultural production model in Argentina is linked to the excessive application of agrochemicals and their consequent negative externalities for the environment, public health and the general population.
The V Regional Forum on Business and Human Rights for Latin America and the Caribbean 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”.
From September 7 to 11, the V Regional Forum on Business and Human Rights for Latin America and the Caribbean was held virtually. The objective of this Forum is to host governments at all levels, companies, NGOs, indigenous communities and other civil society organizations in the same space with the aim of functioning as a means for dialogue between these actors.
The Regional Forums have become a key space in Latin America and the Caribbean, and in other regions of the world, so that the aforementioned actors can exchange visions and information on new business practices, legal systems, economic development plans and others. activities that can affect the human rights of different people or groups, report on these events and find solutions in a joint way, covering all spaces of society.
In the wake of the COVID-19 pandemic, this year’s Forum paid special attention to those vulnerabilities that were deepened by the current situation; those people or communities that were already in unfavorable situations, and that, due to the global pandemic, their situation has worsened. The challenges that arise in this complex and unforeseen scenario must be addressed in a comprehensive manner and with all actors in society, from companies and governments to civil society and local communities, in order to overcome this crisis in an economically viable way. and environmentally sustainable.
The task in the post-pandemic will be to recover the standards of living lost during this year, especially due to the loss of employment, at the same time that the productive matrix and the business practices of the countries are reformulated towards a more sustainable and friendly one with the human rights. One of the instruments that can be implemented to achieve this objective are the “United Nations Guiding Principles on Business and Human Rights”, also known as “Ruggie Principles”, drawn up in 2011 within the framework of the UN.
Broadly speaking, these 31 principles can be summarized in three pillars:
Currently, within the framework of the UN, negotiations and meetings are being carried out to carry out a legally binding international treaty on the responsibility of transnational companies for the human rights of the communities where they carry out their activities. This year, the treaty is in a sixth instance of review that will be discussed at the 9th annual UN Forum on Business and Human Rights, which will take place virtually from November 16 to 18.
We hope that the negotiations underway will culminate in a fruitful agreement for all the actors and above all with an agreement and correct implementation, which is not only limited to good intentions but also really serves to improve the relationship between business activity, the environment environment and local communities.
In turn, there are other general guidelines that can be followed and implemented to achieve the post-pandemic objectives, such as the “OECD Guidelines for Multinational Companies” or the “Tripartite Declaration of Principles on Multinational Companies and Social Policy” of the International Labor Organization (ILO).
Regional forums such as the one held in September, or those of a global nature such as the one to be held in November, constitute key spaces. Not only to advance the aforementioned initiatives underway, but also to deepen dialogue and promote greater articulation between the different actors involved in the processes aimed at ensuring greater promotion and protection of human rights by the private sector.
More information
Author
Denis Rhys
Contact
The United States candidate, Mauricio Claver-Carone, was elected as the new president of the IDB
“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 September 12, the members of the IDB Board of Governors met virtually to elect Mauricio Claver-Carone as the new president of the Bank for the next 5 years. Despite the fact that at the beginning of the election process several candidates presented themselves, the pressure exerted by the United States led the candidate Laura Chinchilla from Costa Rica to step down and later, one day before the elections, the Argentine candidate did, Gustavo Béliz. The strategy of not giving a quorum in the election planned by some of the countries in the region opposed to the North American candidate and the break with the historical tradition in the presidency of the IDB also failed.
Claver-Carone will replace Luis Alberto Moreno on October 1 of this year and will be the fifth president of the Bank. In addition, he will be responsible for the operations of the IDB Group, that is, the IDB, IDB Invest and IDB Lab. The president-elect serves as Deputy Assistant to the President of the United States and Senior Director of Western Hemisphere Affairs in the Security Council of The US was also the US Representative to the IMF and Senior Advisor to the Under Secretary for International Affairs in the US Department of the Treasury.
For a candidate to be elected president of the IDB, they must receive the majority of the total votes of the countries that are members of the IDB (48 member countries in total) and the support of at least 15 of the regional member countries (with Canada and USA the total of regional member countries is 28). In this case, Claver-Carone won with 67% of the shareholders in total and with the support of 23 of the 28 members of the region. The president is elected by the Board of Governors, the highest authority of the IDB. Each member country of the Bank has a Governor whose voting power is proportional to the capital that his country has in the IDB. Governors are generally the finance ministers, central bank presidents, or other public officials of member countries.
From civil society organizations, last month we issued a statement to the Bank’s Governors where we expressed our concern about the presidential elections of the Institution, the rejection of the nomination of the North American candidate and the lack of opening of the election process since the participation of social organizations and communities was considered. In the statement, we also highlighted the conditions that the new president should have, such as:
What remains to be known is whether the president-elect, Mauricio Claver-Carone, meets all the aforementioned conditions and whether he will be able to distinguish himself from the presidency of Luis Alberto Moreno, marked by the lack of dialogue with civil society and affected communities. Will Claver-Carone be capable of opening spaces for dialogue with civil society and communities as well as responding adequately to the demands of Latin American and Caribbean countries in the context of the economic, social and climate crisis they are experiencing?
More information
Author
Sofia Brocanelli
Contact
Gonzalo Roza, gon.roza@fundeps.org
A bill that seeks to regulate the distances of application of agrochemicals
“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 importance of said bill, among other assumptions, starts from the basis of establishing a standard of minimum budgets which grants a uniform or common environmental protection for the entire national territory, and aims to impose necessary conditions to ensure environmental protection . The normative text is part of the State’s duty to preserve the human environment to the extent that it houses the health of citizens and safeguards their quality of life, which should configure its main objective (41 of the CN) and that in turn, it has been accepted by the General Environmental Law within the framework of the principles of environmental public policy.
Among the most notable aspects of the project the following can be mentioned:
Establishes minimum distances for the application of agrochemicals: art. 2 of the project prohibits the application, handling and storage of agrochemicals in urban areas and the obligation to establish a minimum distance of 1500 meters from urban areas, permanent homes, etc. It also establishes that in the event of a reasonable doubt about the delimitation of the environmental protection area, it will be the obligation of the person who is going to apply the agrochemical to request the delimitation of the prohibited area.
Regarding environmental damage, in art. 5 of the project, has an important forecast around responsibility. Thus, it presumes, unless proven otherwise, that whoever applies the agrochemical within the area of environmental protection is responsible for the collective environmental damage caused. Likewise, it provides for a system of joint and several liability (jointly) of all the people who intervened in the application of the product, including the producers, usufructuaries, tenants, and any other person responsible for the property on which the product is applied. Said responsibility is extended in turn to the competent authorities that have not acted in a diligent manner when applying the law. Furthermore, the law obliges the latter to apply any ex officio measure tending to comply with the regulations.
From the content of the normative text arises, even if not expressly, the orientation of the rules arranged from the precautionary principle, cardinal in the environmental law microsystem. This establishes that the absence of scientific information will not be a reason to postpone the adoption of effective measures to prevent the degradation of the environment in the face of a danger of serious or irreversible damage, in this situation and in the event of a hypothetical negative impact on the environment and the health of The population due to the exposure of agrochemicals should apply this principle, and restrict or regulate its use in such a way as to prevent any harmful impact.
The initiative is important because it makes visible the problems posed by the use and application of these products indiscriminately and allows us to discuss this aspect of the problem, which until now has been casuistically resolved by numerous local courts, guaranteeing safe application distances. Argentina leads the world ranking in terms of the amount of glyphosate used in its agricultural production and there are no doubts about the toxic, acute and chronic effect that agrochemicals have on the health of the population in particular and the environmental impact at a general level. It is therefore essential that the State, within the framework of its powers, issue public policies aimed at defending the environment, thus guaranteeing respect for a fundamental human right such as health.
Link to the bill
Maria Canedo
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
Judgment of the Appeals Chamber in favor of Potrerillo de Larreta
“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 month of July of this year, the Chamber of Appeals in Civil and Commercial matters of the 9th nomination issued a judgment in the proceedings entitled “El Potrerillo de Larreta S.A against Province of Córdoba-Ordinary-contentious administrative claim of full jurisdiction-precautionary”. The court decided to annul the judgment of first instance, admitting the demand of the Country Club Potrerillo de Larreta and consequently allowing the enclosure of the Los Paredones stream in that sector corresponding to the undertaking.
In the framework of this cause, together with the group of neighbors Todos por Nuestro Arroyos, we requested in 2018 the participation as interested third parties. The request had and is intended to be able to participate in the judicial process, allowing us to contribute elements that we consider relevant for its resolution. However, as of this date, said request continues without being resolved.
After almost two years have passed, the delay in processing and resolving the incorporation of Fundeps and the group Todos por Nuestro Arroyos in the case constitutes a barrier that restricts adequate access to justice while violating the guarantee of effective judicial protection . While we wait together with the community for acceptance to be part of the process, the case continues with its processing, a second instance having already been resolved and with the possibility of a final resolution, without being able to be heard those who have legitimate interests in participating.
Contact
Juan Bautista Lopez, <juanbautistalopez@fundeps.org>
Playing ESI: “Tutti Frutti De_Generado”
“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 Thursday, September 10, we carried out an activity on Instagram together with the “Activating rights” team for Sexual and (non) Reproductive Rights, in order to learn about their activities and share different experiences on the implementation of Law 26,150 on Education Integral Sexual in educational institutions, in a fun and psychopedagogical way.
From the current context generated by the pandemic, new ways of teaching-learning are proposed through virtuality. These new ways challenge not only teachers and students, but also families. It is at this new juncture that ESI is problematized and thought as part of the curriculum and as essential as the right of children and adolescents. However, its implementation today continues to be hampered within many institutions.
“Chomaso that they speak for you”
The meeting took place on InstagramLive and was carried out with a game -tutti frutti- based on topics of interest that emerged from a survey that we had distributed among young people. The categories we played with were: insults based on sexual orientation or gender identity; forms or types of sex-affective relationships; strategies to reject someone who insists on looking for you; things that should not happen in a sex-affective bond and LGBTTTIQ + cultural consumption. These sections gave rise to the conversation among those who broadcast the live, who while receiving the responses from the public developed a brief analysis of each proposed word.
After going through several letters, from Activating Rights they shared some reflections on their work and the experiences within the workshops that they carry out in schools together with children and adolescents. The team works with young people in different educational institutions from a rights perspective and with a gender perspective, generating collective and non-adultcentric spaces, where they can express what they think and feel, developing in an environment of informality and trust.
The importance of articulating
These learning and exchange spaces are enriching and collaborate with the promotion and implementation of a fundamental right for young people, giving place to the protagonists to appropriate them and be an active component of their own learning.
More information
To learn more about Activating Rights, follow their networks: Facebook – Instagram
Authors
Josefina Gelid
Luz Baretta
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
We request the opening of friends of the court before the Supreme Court
“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 September 10, we presented a request to the Supreme Court of Justice of the Nation to open the call for amicus curiae in the case “Argentine Chamber of Medicinal Specialties and another against the National State Ministry of Industry of the Nation and others s / Nullity administrative act ”. In said process, where the controversy concerns the regulation of the conditions for the patentability of chemical-pharmaceutical inventions, the Center for Legal and Social Studies (CELS) requested participation as “amicus curiae”. This in the understanding that there is an intimate relationship between the right to health, and access to medicines under conditions of equality, and the criteria for patentability. However, this request was denied both in the first instance and in the Federal Civil and Commercial Chamber.
The rejection was based on the absence of regulation of the procedural figure in lower instances than the Supreme Court and the lack of expertise of the CELS on the merits of the case. However, the jurisprudential antecedents show that this is not an impediment to admit the participation of the friends of the court. On the other hand, the reason why CELS requests participation in the cause lies in the public interest and the fundamental rights committed, a subject in which it has a recognized track record.
In our request we state that the intervention of the amicus curiae can contribute to an improvement in the jurisdictional activity of matters of public interest and to a democratization of the judicial debate. The denial of CELS as amicus curiae in all procedural instances obstructs the possibility of reaching a more democratic and transparent decision.
The decision made by the Court in this instance may mark a jurisprudential guide for similar cases. That is why this presentation constitutes a good opportunity for you to establish a broad criterion for the admission of this figure and for citizen participation in judicial debates of public interest to begin to be the rule and stop being the exception.
Author
Barbara Juarez
Contact
Mayca Balaguer, maycabalaguer@fundeps.org