In the sixth session of the United Nations Intergovernmental Working Group on Business and Human Rights, negotiations were held on the second legally binding treaty to regulate the activity of transnational companies. There is still time for this instrument to come into force, so it is still important that Argentina finalize the review of its National Plan of Action on Business and Human Rights so that the State exercises its responsibility to disseminate and implement the Guiding Principles on the business and human rights.
The United Nations Guiding Principles on Business and Human Rights have emerged as a global standard for businesses and governments to prevent and address business-related human rights violations.
Next year, the Principles will be 10 years old, for this reason, the UN Intergovernmental Working Group, in charge of preparing a legally binding treaty on this matter, has launched in the middle of this year a new project ‘UNGPs10 + / NextdecadeBHR’ with the purpose of outlining the steps to follow for the next 10 years in the area of business and human rights. In addition, it will take stock of the achievements obtained so far and analyze future challenges and existing gaps.
However, the Guiding Principles have worked and function as guides for States and businesses on how to protect and respect human rights and how to make reparation for victims. But, often, the distance between what the Principles have is usually far from the internal regulations of each State. For this reason, many countries have developed National Action Plans -PAN- so that the States are responsible for the dissemination and implementation of the Guiding Principles. Also, the NAPs serve as instruments of change capable of adapting to the local context but they do not hold transnational companies responsible for human rights violations, which is why it is relevant to have a legally binding treaty on this matter.
Thus, efforts to develop a legally binding treaty on business and human rights began in 2014. Since then, the Intergovernmental Working Group has worked to perfect this instrument by improving the content, scope, nature and form of the instrument. Last year, the Revised Draft of the binding treaty was published and discussed at the Annual Forum held in October 2019. In August this year, the Chair of the Intergovernmental Working Group published the Second Revised Draft of the legally binding instrument to regulate the activities of the companies and in October the sixth period of negotiations between the parties involved will be held.
However, until the approval and adoption of the Treaty by the States, the preparation and application of the NAPs continues to be necessary. So how is Argentina doing on this issue?
On the website of The Danish Institute for Human Rights, there is a map that details which countries already have a NAP, which are developing it, and which have other non-state initiatives. Argentina is in the group of countries that is still developing its National Action Plan. Consequently, and due to the importance of having a NAP, in September we made a request for information to the national government, consulting the status of the Argentine National Action Plan on companies and human rights. The response was provided in two parts, first in late September and then the information was completed in mid-October.
The Argentine PAN has already been prepared and for it to enter into force a decree from the President of the Nation is necessary. However, the Nation reported that the Draft Decree for the approval of the National Business and Human Rights Action Plan is under review by government authorities. Moreover, it has not yet been defined whether the participation of civil society through public consultations will be allowed, which is necessary to achieve a greater commitment to guarantee the respect and protection of human rights by the State and companies. transnational corporations and effective remedies for the victims.
When consulting on the position of the national government regarding the legally binding instrument, the Ministry of Foreign Relations replied that Argentina abstained from Resolution 26/9 of 2014, which approves the constitution of an Intergovernmental Working Group for the purpose to develop a legally binding international instrument to regulate the activities of transnational corporations and other commercial companies with respect to human rights. However, Argentina has participated in all the sessions held by the working group and was present at the last session in October this year.
So, it is not only necessary and urgent that the UN Working Group advance in the elaboration and conclusion of the Treaty, it is also urgent that Argentina do the same with its National Plan of Action on business and human rights. As the plans are oriented according to the Guiding Principles, elaborated according to the context of each State, they must be the product of transparent, participatory processes and open to dialogue. For this reason, it is essential that the National Government jointly review with civil society, academia, unions and other interested parties, the draft of the PAN so that it effectively serves as an instrument in the elimination of obstacles and in the promotion of good practices in the compliance with human rights related to business activities.
From Fundeps we will continue to monitor the process of elaboration of the Argentine PAN as well as the International Legally Binding Treaty on transnational companies and human rights.
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Protection for delay in access to environmental 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”.
During the months of October and November, we asked the Ministry of the Environment and Climate Change of the Province for public information related to the policies and actions implemented by the Provincial State regarding prevention, mitigation and adaptation measures to the phenomenon. In the absence of a response within the term provided by current provincial regulations, we again request the prompt dispatch of the administration.
In the absence of a specific response, and when the deadlines have expired, we filed an action for protection for default. This consists in informing the Provincial Courts of the delay in complying with the deadlines ordered by law to answer the request, so that later the judicial body requires the authority in question to fulfill its duty.
It should be remembered that the right of access to information is guaranteed in the Argentine regulatory system and is recognized in Principle 10 of the Declaration of Rio de Janeiro of 1994, the Escazú Agreement ratified by National Law No. 27,566, in art . 41 of the National Constitution, as well as Laws 25,831 on Access to Public Environmental Information and 25,675 General on the Environment. This right is a fundamental presupposition proper to democratic coexistence and is necessary for proper environmental management.
In fulfilling their obligations, the authorities must provide such information, without it being necessary to prove interest or any reason, free of charge and within the prescribed deadlines. In the event of non-compliance, the action for protection by default is outlined as the way to guarantee the enjoyment of such a fundamental right.
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
Analysis of the new Environmental and Social Policy Framework of the Inter-American Development Bank, from a gender perspective
This document analyzes those issues that have been incorporated and the aspects that have not been incorporated and / or modified from the public consultation process carried out by the IDB. In particular, it emphasizes the need to guarantee the rights of girls, adolescents, women and LGBTTTQ + people so that the human rights of all people are effectively respected and guaranteed (Only spanish)
Debates around the Feminist Economy from the sustainability of life
“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 Feminist Economics (FE) webinar series began on September 30 and lasted for two months. Specialists in Feminist Economy, Popular Economy, Ecological Economy and Social and Solidarity Economy participated, members of various self-managed spaces and activists who bet and work towards other economies, which replace the profit motive for the care and sustainability of human lives and not human.
The panel of the first webinar was made up of Ariana Cervantes and Vanessa Ullua (members of the Virginia Bolten Accounting Firm) and Shams Selouma from the Latin American Feminist Incubator. In that meeting, legal, tax and administrative tools were offered for self-managed and community organizations. At the same time, the Resource person Tools for self-management was presented from a perspective of sustainability of life.
The second webinar, called “Towards the sustainability of life. Dialogues between the experiences of Latin America and Spain ”, laid the foundations and theoretical guidelines of the Feminist Economy from a perspective of the sustainability of life, in order to reflect and discuss new ways of thinking and organizing work, producing, distributing and consume, that subvert the capitalist and hetero-patriarchal logic. The space sought to establish a conversation between theoretical views and experiences from Latin America and Spain. Specialists on the subject participated in this meeting: Astrid Agenjo Calderón, Patricia Laterra and Natalia Quiroga Díaz.
This meeting was followed by another that addressed the issue of care as a condition for sustaining life. In the webinar “The essential is invisible to the market. Co-responsibility, community and care ”, participated Corina Rodriguez Enriquez, Gabriela Marzonetto and Paola Bonavita, who spoke about current care policies and community care in Argentina and specifically Córdoba.
Finally, the last two webinars set out to propose and debate, from a theoretical approach first and an empirical one later, the possibilities of building and sustaining other economies that articulate the proposals of the Social and Solidarity Economy, the Popular Economy, the Ecological Economy with the Economy Feminist.
Theoretical reflections were raised in the webinar “Another (s) economy (s). Dialogues between the Feminist Economy and the Popular, Solidarity and Ecological economies ”, thanks to the contributions of Ariana Ortega and Magalí Magnani from the Ecofeminism Area of the Ecologist Workshop of Rosario, Florencia Partenio, Karina Tomatis. The tensions and dilemmas, as well as the theoretical proposals raised in this meeting, were put into dialogue with self-managed experiences of the city of Córdoba, who participated in the last webinar “The other economy exists and sustains life. Conversation with self-managed and community organizations of Córdoba ”.
In this last meeting, members of the Corteza del Chañar cooperative, Wallmarx cooperative, the Textile of the Meeting of Organizations and the Cordoba Agroecological Fair participated, who shared concrete experiences that make the existence of other economies visible, glimpsing a real horizon in which these possible.
We believe, and the particular current context is showing it every day, that the sustainability of life must be at the center of the debate, that we must continue to think and collectively build what economy we want and need to sustain our lives and all the lives that inhabit this planet in a way worth living.
We know that there is still a long way to go to deconstruct and transform an economy based on a productivist logic, capital accumulation, and deterioration of the environment. That is why it becomes urgent and necessary to make visible and strengthen theories and experiences of other economies, built from self-management and from feminist debates, putting good living in focus and betting every day on another possible world.
To relive the encounters, click on the following links:
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
Debates around the Feminist Economy from the sustainability of life
“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 Feminist Economics (FE) webinar series began on September 30 and lasted for two months. Specialists in Feminist Economy, Popular Economy, Ecological Economy and Social and Solidarity Economy participated, members of various self-managed spaces and activists who bet and work towards other economies, which replace the profit motive for the care and sustainability of human lives and not human.
The panel of the first webinar was made up of Ariana Cervantes and Vanessa Ullua (members of the Virginia Bolten Accounting Firm) and Shams Selouma from the Latin American Feminist Incubator. In that meeting, legal, tax and administrative tools were offered for self-managed and community organizations. At the same time, the Resource person Tools for self-management was presented from a perspective of sustainability of life.
The second webinar, called “Towards the sustainability of life. Dialogues between the experiences of Latin America and Spain ”, laid the foundations and theoretical guidelines of the Feminist Economy from a perspective of the sustainability of life, in order to reflect and discuss new ways of thinking and organizing work, producing, distributing and consume, that subvert the capitalist and hetero-patriarchal logic. The space sought to establish a conversation between theoretical views and experiences from Latin America and Spain. Specialists on the subject participated in this meeting: Astrid Agenjo Calderón, Patricia Laterra and Natalia Quiroga Díaz.
This meeting was followed by another that addressed the issue of care as a condition for sustaining life. In the webinar “The essential is invisible to the market. Co-responsibility, community and care ”, participated Corina Rodriguez Enriquez, Gabriela Marzonetto and Paola Bonavita, who spoke about current care policies and community care in Argentina and specifically Córdoba.
Finally, the last two webinars set out to propose and debate, from a theoretical approach first and an empirical one later, the possibilities of building and sustaining other economies that articulate the proposals of the Social and Solidarity Economy, the Popular Economy, the Ecological Economy with the Economy Feminist.
Theoretical reflections were raised in the webinar “Another (s) economy (s). Dialogues between the Feminist Economy and the Popular, Solidarity and Ecological economies ”, thanks to the contributions of Ariana Ortega and Magalí Magnani from the Ecofeminism Area of the Ecologist Workshop of Rosario, Florencia Partenio, Karina Tomatis. The tensions and dilemmas, as well as the theoretical proposals raised in this meeting, were put into dialogue with self-managed experiences of the city of Córdoba, who participated in the last webinar “The other economy exists and sustains life. Conversation with self-managed and community organizations of Córdoba ”.
In this last meeting, members of the Corteza del Chañar cooperative, Wallmarx cooperative, the Textile of the Meeting of Organizations and the Cordoba Agroecological Fair participated, who shared concrete experiences that make the existence of other economies visible, glimpsing a real horizon in which these possible.
We believe, and the particular current context is showing it every day, that the sustainability of life must be at the center of the debate, that we must continue to think and collectively build what economy we want and need to sustain our lives and all the lives that inhabit this planet in a way worth living.
We know that there is still a long way to go to deconstruct and transform an economy based on a productivist logic, capital accumulation, and deterioration of the environment. That is why it becomes urgent and necessary to make visible and strengthen theories and experiences of other economies, built from self-management and from feminist debates, putting good living in focus and betting every day on another possible world.
To relive the encounters, click on the following links:
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
Legislative treatment of the law on Voluntary Termination of Pregnancy begins
“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 Tuesday, December 1, the plenary of the Criminal Legislation, General Legislation, Women and Diversities and Health commissions will receive members of the Executive Power (from the Health, Social and Legal and Technical Development portfolio). Then there will be presentations by scientists, sanitarians, health professionals and jurists for and against the law, with the expectation of reaching an opinion next Friday.
After having announced it at the opening of the legislative sessions, on March 1, the Executive Power finally sent the bill for the Voluntary Interruption of Pregnancy to the National Congress. It did so together with the bill that establishes the so-called “Thousand Days Plan”, which proposes State assistance to pregnant women in vulnerable situations during pregnancy and up to the first three years of the child’s life.
In this way, the debate on the legalization of abortion was once again enabled, one of the main points on the human rights agenda of our country since its discussion in Congress in 2018, which culminated in August with the rejection in the Senate. The Campaign for Legal, Safe and Free Abortion had presented its project in May 2019, which still has parliamentary status, so it is expected that during the debate in commissions both will be taken into consideration.
In this document we present a comparative analysis of both projects, contrasting them with the opinion that had been approved by the Chamber of Deputies in 2018. We consider that the National Congress has the duty to give the legislative discussion with the lessons learned at that time , and taking both projects as input.
Congress will again have the opportunity to enact a law that consolidates long-delayed human rights, respecting the international standards that regulate this matter to which the Argentine State is bound, marking an advance in the protection of the rights of women and pregnant persons in our country.
A law that guarantees the Voluntary Interruption of Pregnancy will allow us to advance in the construction of a more just, egalitarian and respectful of human rights society.
Download Comparative Analysis – Voluntary Termination of Pregnancy Bills
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Voluntary Termination of Pregnancy (IVE) bills: comparative analysis
This document proposes a comparative analysis between the bill of Interruption Pregnancy Volunteer who was treated in the Chamber of Deputies in 2018 and obtained average sanction; the bill of the National Campaign for Legal, Safe and Free Abortion presented in 2019 in Congress and the project presented by the Executive Power in November 2020.
Why does Argentina still not have a National Action Plan on Business and Human Rights?
The United Nations Guiding Principles on Business and Human Rights have emerged as a global standard for businesses and governments to prevent and address business-related human rights violations.
Next year, the Principles will be 10 years old, for this reason, the UN Intergovernmental Working Group, in charge of preparing a legally binding treaty on this matter, has launched in the middle of this year a new project ‘UNGPs10 + / NextdecadeBHR’ with the purpose of outlining the steps to follow for the next 10 years in the area of business and human rights. In addition, it will take stock of the achievements obtained so far and analyze future challenges and existing gaps.
However, the Guiding Principles have worked and function as guides for States and businesses on how to protect and respect human rights and how to make reparation for victims. But, often, the distance between what the Principles have is usually far from the internal regulations of each State. For this reason, many countries have developed National Action Plans -PAN- so that the States are responsible for the dissemination and implementation of the Guiding Principles. Also, the NAPs serve as instruments of change capable of adapting to the local context but they do not hold transnational companies responsible for human rights violations, which is why it is relevant to have a legally binding treaty on this matter.
Thus, efforts to develop a legally binding treaty on business and human rights began in 2014. Since then, the Intergovernmental Working Group has worked to perfect this instrument by improving the content, scope, nature and form of the instrument. Last year, the Revised Draft of the binding treaty was published and discussed at the Annual Forum held in October 2019. In August this year, the Chair of the Intergovernmental Working Group published the Second Revised Draft of the legally binding instrument to regulate the activities of the companies and in October the sixth period of negotiations between the parties involved will be held.
However, until the approval and adoption of the Treaty by the States, the preparation and application of the NAPs continues to be necessary. So how is Argentina doing on this issue?
On the website of The Danish Institute for Human Rights, there is a map that details which countries already have a NAP, which are developing it, and which have other non-state initiatives. Argentina is in the group of countries that is still developing its National Action Plan. Consequently, and due to the importance of having a NAP, in September we made a request for information to the national government, consulting the status of the Argentine National Action Plan on companies and human rights. The response was provided in two parts, first in late September and then the information was completed in mid-October.
The Argentine PAN has already been prepared and for it to enter into force a decree from the President of the Nation is necessary. However, the Nation reported that the Draft Decree for the approval of the National Business and Human Rights Action Plan is under review by government authorities. Moreover, it has not yet been defined whether the participation of civil society through public consultations will be allowed, which is necessary to achieve a greater commitment to guarantee the respect and protection of human rights by the State and companies. transnational corporations and effective remedies for the victims.
When consulting on the position of the national government regarding the legally binding instrument, the Ministry of Foreign Relations replied that Argentina abstained from Resolution 26/9 of 2014, which approves the constitution of an Intergovernmental Working Group for the purpose to develop a legally binding international instrument to regulate the activities of transnational corporations and other commercial companies with respect to human rights. However, Argentina has participated in all the sessions held by the working group and was present at the last session in October this year.
So, it is not only necessary and urgent that the UN Working Group advance in the elaboration and conclusion of the Treaty, it is also urgent that Argentina do the same with its National Plan of Action on business and human rights. As the plans are oriented according to the Guiding Principles, elaborated according to the context of each State, they must be the product of transparent, participatory processes and open to dialogue. For this reason, it is essential that the National Government jointly review with civil society, academia, unions and other interested parties, the draft of the PAN so that it effectively serves as an instrument in the elimination of obstacles and in the promotion of good practices in the compliance with human rights related to business activities.
From Fundeps we will continue to monitor the process of elaboration of the Argentine PAN as well as the International Legally Binding Treaty on transnational companies and human rights.
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We met with INADI for the complaints made against the Fasta school network
“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”
After sending them the complaint presented in October to the Ministry of Education for the situations of violence and discrimination experienced by members of the educational communities of the Fasta network, the Cordovan delegation of INADI granted us a hearing to discuss the cases of discrimination reported .
The institution promised to get involved with the complaint, requesting information from the Ministry of Health. In addition, it assumed the commitment to continue articulating with civil society organizations, anticipating new instances of encounter and dialogue.
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9th Annual Forum on Business and Human Rights
“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”.
Today and until Wednesday, the 9th Annual Forum on Business and Human Rights organized by the United Nations High Commissioner for Human Rights takes place. Due to the pandemic, this year, the Forum will be held virtually, allowing greater participation of organizations and communities from different parts of the world. Under normal circumstances, face-to-face participation in this forum is difficult due to distances and economic issues, so its realization in a virtual format means a great advance.
The theme of this year’s event is “Preventing Business-Related Human Rights Abuses: The Key to a Sustainable Future for People and the Planet”. The Forum brings together companies, investors, government representatives, civil society organizations, community groups, UN agencies, national human rights institutions, unions, academies and the media.
However, due to the Covid-19 pandemic, the Forum will consider how States and the business community should respond to it in a way that respects and protects human rights as well as the need to build a sustainable and people-centered recovery. .
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Gonzalo Roza, gon.roza@fundeps.org
The First Finance in Common Summit was held, which brought together the world’s public development banks
“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”.
Between November 9 and 12, 2020, the Finance in Common Summit was held, which was attended by 450 Public Development Banks of the world, multilateral institutions, heads of State, representatives of the private sector, civil society, academia, among others. The event was an initiative of the World Federation of Financial Institutions for Development -FEMIDE- and the International Development Finance Club -IDFC-. It was sponsored by the President of France, Emmanuel Macron and by the French Development Agency -AFD; and counted with the participation of the Secretary General of the United Nations, António Guterres.
The summit focused on the crucial role that Public Development Banks play as capable and necessary actors to provide a collective response to global challenges, agreeing on short-term sustainable recovery measures on the COVID-19 crisis and with an impact on long-term in the environment and in societies. However, the Summit’s agenda did not address human rights, rights that are constantly violated and violated by the investments of development banks. Thus, indigenous peoples, Afro-descendant communities, local communities, and human rights defenders did not have a space to express their concerns and concerns.
This, despite the fact that in September, more than 200 civil society organizations from around the world sent a letter to the French Development Agency requesting that the principles of development that is focused on rights be included and prioritized. humans. Due to the lack of response, CSOs issued a Joint Declaration calling on Public Development Banks -BPD- to invest their financial resources in building a just, equitable, inclusive and sustainable future for all societies in the world.
This summit should be an opportunity for development banks to modify the way they operate and place democracy, inclusion, equality, solidarity and the common good as the axis of their actions. It is urgent that PDBs commit to financing for fair, equitable and sustainable development, promoting and guaranteeing human rights for all, without neglecting vulnerable and marginalized communities.
Más Información
Letter to the French Development Agency – Coalition for Human Rights in Development
We began to integrate the RACI Executive Committee
“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”.
RACI is a federation made up of more than 150 Argentine Civil Society Organizations (CSOs) that constantly works to strengthen and promote coordinated actions with the sector. Fundeps has been part of this space since 2016 and this year we decided to renew our commitment by applying to be part of its Executive Committee.
During the last Assembly of RACI Members, the results of the elections of the members of the new Executive Committee were announced. Said Committee is in charge of carrying out political actions in line with the medium and long-term strategy, as well as contributing to the implementation of the annual planning of the Network. On this occasion, Carolina obtained the necessary votes to become part of said space, and will be occupying a substitute role for the period 2020-2022.
We celebrate the renewal of RACI authorities and be able to accompany their continuous growth and federalization process, thus contributing to the strengthening of civil society in Argentina.
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New RACI Executive Committee
Virtual meetings on Gender and International Financial Institutions
“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 international financial institutions -IFIs- are one of the most important actors for the countries of Latin America and the Caribbean in terms of project financing. However, it is necessary for the IFIs to have Gender Policies and mainstream the gender perspective in the design, development and execution of the projects they finance, and consider the gender-differentiated impacts they cause.
For this reason, we launched two virtual meetings in which we will learn about the IFIs and share useful tools for organizations made up of diverse and dissident feminities and identities to build capacity to monitor the projects financed by them.
In the first meeting, we will get closer to the world of the IFIs and their accountability mechanisms. It will take place on Tuesday, November 10, at 4:00 p.m. Argentina.
In the second meeting, we will provide tools to obtain information and monitor projects financed by development financial institutions. It will be held on November 17 at 4:00 p.m.