On April 9, the equal pay day between men and women was established in our country. As of today, we have large gender gaps that are far from closing.
“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”.
Women charge less than their male peers. That is a fact. What’s more, transgender people also get even less, or are directly excluded from the labor market. On March 16, the National Directorate of Economy, Equality and Gender of the Ministry of Economy of the Nation presented the report “Gender gaps in Argentina: State of situation and challenges“. There, it is evident that the total income gap between men and women (calculated as the relative variation between the average income of men and the average income of women) is 29.0%, and it widens for female employees. informal, reaching 35.6%.
So, we can say that the same is not charged for the same tasks. But we can also ask: do we perform the same tasks as men and women? The tasks that women mainly perform within the home, and that correspond to reproductive work, have historically not been considered as such and, therefore, have not been remunerated. The incorporation of women into the labor market has not generated a fairer distribution of domestic and care tasks within the home. Women are still responsible for most of these tasks and spend almost twice as much time as men, even when they work outside their homes. Situation that deepens if they study or if they participate in spaces of activism and / or militancy. In other words, they work double and triple days, but they earn less than their male counterparts. And there the inequality appears before our eyes.
Feminisms and women’s movements and sex-gender diversities and dissidents have been thinking about these gaps for a long time. The sexual division of labor, glass ceilings and walls are some analysis tools that have been developed to understand this unequal reality. To understand and transform it.
Today, the idea persists that women have a natural instinct to care. Jobs that involve care and are mostly performed by women are the worst paid. Gender stereotypes are in order in job interviews, tenders, and promotion and responsibility decisions. Men are not obliged to reconcile their life at home with work outside of it, women are. Women see their possibility of training, improvement and job promotion diminished (a phenomenon called the “glass ceiling”) in the years they have children in their care. Boys don’t. The law grants women longer work licenses to care for sons and daughters. But far from being a privilege, the latter not only results in discrimination when hiring or considering a woman for promotion. It also reinforces the stereotypes of a mother woman and a father only as a provider for a typical family, which should not take care of children under their responsibility.
Women not only earn less, but are forced to spend more. There is what is known as the “tax pink”. The market offers products that are directed towards women and that are ostensibly more expensive. These products range from a deodorant, a razor to a medicine, such as ibuprofen “fem”. However, they fulfill the same functions as for men. There is no factual difference to support a different price. Only stereotypes that oppress and harm women culturally and economically are reinforced. Likewise, the sexual and (non) reproductive health of cis women, trans people and any menstruating body is affected with the absence of public policies that transform free access to elements for menstrual management into a right.
Particularly, within the current conjuncture of the Covid-19 pandemic, it can be considered a hinge, break moment in global society. Not only in the ways of functioning of the economy and the way of executing the different interpersonal relationships, but, in turn, the veil is drawn on the multiple tasks of care performed by women. These are unpaid work. Thanks to this, it is that the man can enjoy a great wealth of time that allows him to train, get better jobs and have time for leisure.
All this reinforces the inequality that doubly affects women. First, because they work for their families for free, given the naturalization of this work due to the requirement of gender stereotypes. And second, they are subtracted from the time to access, like the men, spaces for training, leisure and self-care.
Along these same lines, we must not forget that the World Health Organization considers gender violence as a social epidemic. The Observatory “Women, Dissidence and Rights” of the Women of the Latin American Matria-MuMaLá reported that since March 12, the day the first measures of social isolation began, as of April 3, 15 femicides were registered.
Lastly, we celebrate the preparation of the report on gaps by the National Directorate of Economy, Equality and Gender of the Ministry of Economy and we urge the State and the private sector to produce and put into action, together with civil society, public policies tending to close gender gaps. This can only be achieved with the elimination of gender stereotypes, inclusion in the measurements of LGBTIQ + people, analysis of the economy with a gender perspective, democratization of care and the participation of women, gender and diverse and dissident sexes in the elaboration and decision making on those policies.
Authors
- Ivana Sanchez
- Constance Attwood
Contact
Analysis: The right to health in times of pandemic
On December 31, 2019, the first cases of COVID-19 were reported in the city of Wuhan, China. On March 11, 2020, the WHO Director-General characterized it as a pandemic, also highlighting the alarming levels of spread and severity of the virus. This exceptional situation puts the right to health and its interrelation with other rights in tension, at the same time that it challenges States and their health systems, especially for the protection of groups in vulnerable situations (only spanish version)
Equal Pay Day: Equal pay for equal work? Same task?
“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”.
Women charge less than their male peers. That is a fact. What’s more, transgender people also get even less, or are directly excluded from the labor market. On March 16, the National Directorate of Economy, Equality and Gender of the Ministry of Economy of the Nation presented the report “Gender gaps in Argentina: State of situation and challenges“. There, it is evident that the total income gap between men and women (calculated as the relative variation between the average income of men and the average income of women) is 29.0%, and it widens for female employees. informal, reaching 35.6%.
So, we can say that the same is not charged for the same tasks. But we can also ask: do we perform the same tasks as men and women? The tasks that women mainly perform within the home, and that correspond to reproductive work, have historically not been considered as such and, therefore, have not been remunerated. The incorporation of women into the labor market has not generated a fairer distribution of domestic and care tasks within the home. Women are still responsible for most of these tasks and spend almost twice as much time as men, even when they work outside their homes. Situation that deepens if they study or if they participate in spaces of activism and / or militancy. In other words, they work double and triple days, but they earn less than their male counterparts. And there the inequality appears before our eyes.
Feminisms and women’s movements and sex-gender diversities and dissidents have been thinking about these gaps for a long time. The sexual division of labor, glass ceilings and walls are some analysis tools that have been developed to understand this unequal reality. To understand and transform it.
Today, the idea persists that women have a natural instinct to care. Jobs that involve care and are mostly performed by women are the worst paid. Gender stereotypes are in order in job interviews, tenders, and promotion and responsibility decisions. Men are not obliged to reconcile their life at home with work outside of it, women are. Women see their possibility of training, improvement and job promotion diminished (a phenomenon called the “glass ceiling”) in the years they have children in their care. Boys don’t. The law grants women longer work licenses to care for sons and daughters. But far from being a privilege, the latter not only results in discrimination when hiring or considering a woman for promotion. It also reinforces the stereotypes of a mother woman and a father only as a provider for a typical family, which should not take care of children under their responsibility.
Women not only earn less, but are forced to spend more. There is what is known as the “tax pink”. The market offers products that are directed towards women and that are ostensibly more expensive. These products range from a deodorant, a razor to a medicine, such as ibuprofen “fem”. However, they fulfill the same functions as for men. There is no factual difference to support a different price. Only stereotypes that oppress and harm women culturally and economically are reinforced. Likewise, the sexual and (non) reproductive health of cis women, trans people and any menstruating body is affected with the absence of public policies that transform free access to elements for menstrual management into a right.
Particularly, within the current conjuncture of the Covid-19 pandemic, it can be considered a hinge, break moment in global society. Not only in the ways of functioning of the economy and the way of executing the different interpersonal relationships, but, in turn, the veil is drawn on the multiple tasks of care performed by women. These are unpaid work. Thanks to this, it is that the man can enjoy a great wealth of time that allows him to train, get better jobs and have time for leisure.
All this reinforces the inequality that doubly affects women. First, because they work for their families for free, given the naturalization of this work due to the requirement of gender stereotypes. And second, they are subtracted from the time to access, like the men, spaces for training, leisure and self-care.
Along these same lines, we must not forget that the World Health Organization considers gender violence as a social epidemic. The Observatory “Women, Dissidence and Rights” of the Women of the Latin American Matria-MuMaLá reported that since March 12, the day the first measures of social isolation began, as of April 3, 15 femicides were registered.
Lastly, we celebrate the preparation of the report on gaps by the National Directorate of Economy, Equality and Gender of the Ministry of Economy and we urge the State and the private sector to produce and put into action, together with civil society, public policies tending to close gender gaps. This can only be achieved with the elimination of gender stereotypes, inclusion in the measurements of LGBTIQ + people, analysis of the economy with a gender perspective, democratization of care and the participation of women, gender and diverse and dissident sexes in the elaboration and decision making on those policies.
Authors
Contact
An overview of national environmental projects.
“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 2020 Legislative Environmental Agenda is an initiative led by the Policy Circle Environmental, which is emerging as a fundamental input to publicize those projects of law that are in force and in the process of being treated in both houses of Congress of the Nation. With the participation of various actors and specialists, the content, scope and importance of those projects in parliamentary status, linked to environmental issues, energy and public health.
The main objective of the report, according to María Eugenia Testa (director of the Circulo de P. Environmental) focuses on the visibility of those projects presented by different legislators, as well as in promoting parliamentary debate on issues environmental. Our contribution consisted of specifically examining those related projects to the ratification of the so-called “Escazú Agreement”; noting the importance that its incorporation into the local regulatory system, particularly due to the circumstance of taking a step in assuming international commitments in this area. These would allow to incorporate monitoring and enforcement tools regarding compliance with those measures to effective access to environmental justice, citizen participation and access to information environmental.
We appreciate the invitation, highlighting the importance of implementing initiatives collaboratives like the Legislative Environmental Agenda. We believe that the incorporation of different perspectives in the analysis process, enriches the debate and promotes alternatives for development of public policies in environmental matters. Likewise, we believe that such contribution to society allows to make visible the existing projects in the congress, examine their content, participate in public debate, monitor the legislative process, among other virtues that they strengthen the foundations of a transparent and participatory democratic system.
Access the full report
2020 CPA Legislative Environmental Agenda
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
An overview of national environmental projects
Coordinated by the Circle of Environmental Policy (C.A.B.A.), and in conjunction with other specialists, We elaborate the Legislative Environmental Agenda 2020, giving account and analyzing the main bills on environmental matters that have parliamentary status.
Gender training: a growing demand for our 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”.
Gender at work: the gaps we inhabit and don’t see
On Thursday, March 12, we trained the personnel of the Property Registry of Córdoba, on gender and work. It had the objective of identifying the gender inequalities that exist in the formal and informal labor market, and in the paid as well as in the unpaid, to begin to reflect on the possible ways to combat them.
In a room made up mostly of women, the presence of a few men was significant and valuable in the sense of being a clear proof of the cultural change that is taking place in our society.
With comments, data contributions and questions, the people who participated in the training showed their amazement at the gender inequalities that exist in the different work environments and their interest in thinking about new strategies and lines of action to advance in gender equality. in these spaces.
Conscientious objection: the Trojan horse in the Voluntary Termination of Pregnancy laws
On Friday, March 13, we carried out a training aimed at the Network of Health Professionals for the Right to Decide. The objective was to learn about the uses and abuses of conscientious objection in the health field, and fundamentally, in sexual, reproductive and non-reproductive health services.
Conscientious objection is a legal institute that allows exemption from a certain obligation when it contradicts a person’s moral, ethical or religious convictions. However, it is often used in an abusive way, and it becomes an obstacle when it comes to guaranteeing fundamental rights, such as access to termination of pregnancy in cases where it is legal.
In a scenario in which the discussion on the law of Voluntary Termination of Pregnancy is looming, it is important to know the fundamentals behind this type of institutions, and the experiences existing so far in its practice and regulation.
Training as a guarantee of human rights
We celebrate these instances of training aimed at State agents, accompanying and legitimizing the provisions of the Micaela Law.
We understand that the gender training of these actors is essential to guarantee the rights of all people, and translates achievements achieved after years of struggles by social movements, women and LGBTIQ + people.
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
A quarantine with 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”.
The situation of public knowledge of the progress of COVID-19 has necessitated the adoption of urgent measures whose objective is the protection of public health. The isolation and social distancing measures are supported by the scientific evidence that is beginning to be collected about the outbreaks of contagion of the pandemic. The World Health Organization recommends these measures and its representatives have recognized the Argentine government for its decisions that can limit the spread of this disease early on. As in other public health issues in which we have worked for years, Fundeps emphatically supports public policies based on scientific evidence and in line with the recommendations of specialized bodies in the field.
In this context of health emergency, it is essential to become aware of the importance of respecting quarantine in order to protect public health and guarantee the functioning of the Argentine health system. Failure to comply with the isolation measures, and the consequent risk for the population that this causes, allows the State to take sanctioning measures against those who violate it. However, it is also important to point out that, in the face of the initiation of a sanctioning process against a person who violates isolation, it is necessary that the acting security forces strictly comply with the legal procedure established for such a case, and respect all rights and the constitutional guarantees that, even in this state of emergency, remain in full force.
Those exceptions in which a person is allowed to circulate, undoubtedly should not be used by citizens as a pretext to violate preventive and compulsory social isolation. However, in the event of a permitted movement (For example: food supply), whoever is questioned by the security forces, must have the possibility of providing information to said personnel in order to make known the reasons for their movement. , that is to say, to exercise your release. A coercive measure by the police, should only find support in the existence of “enough reasons” (objective circumstances noted by the police officer at the time of the control) that allow us to assume that the person is actually violating the quarantine and that is not enabled to circulate (eg health professionals), but allowing before, worth the redundancy, to discharge it.
On the contrary, an arrest that does not take into account the reasons given by the person who circulates or even offers the possibility of giving them, will not only violate those constitutional guarantees that restrict the adoption of this type of measures (existence of enough reasons to proceed with the arrest and right of defense), but it will also make the exceptions contemplated by the DNU illusory Thus, any person who circulates on public roads should be detained and only after going through the entire procedure, could provide the reasons for their circulation to the competent judicial official. If so, this could cause an overflow in the places destined to house detainees, with the consequent overload of the minimum judicial system that is currently dealing with such cases.
Beyond the aforementioned, in cases in which security forces personnel detect a violation of quarantine and detain the person in question, the procedure must respect the dignity of the person without incurring degrading treatment, and using the force only when necessary. Furthermore, the procedural rules in force in each jurisdiction must be complied with, that is, immediately notify the competent judicial body, seeking the effective right of legal assistance and defense.
Finally, the application of inspection tasks should not be oriented and systematically directed to the “control” of those sectors in vulnerable situations. The guarantee of non-discrimination should not be ignored when supervising quarantine compliance, directing controls only to a certain population sector, but its scope should be general.
From society, we must avoid acting by underestimating the number of cases existing today, which may seem few or with numbers that are not alarming enough: the behavior of the pandemic has already shown exponential growth in other countries. This is why it is necessary to think about the possible contagions of tomorrow, and especially the impacts on the health of those people belonging to the risk group and / or in a vulnerable situation.
Since the appearance of COVID-19, the need to review from the State and from all of society, the way of linking ourselves, both individually and daily and globally, has become evident. It is necessary that we collectively manage to take advantage of these circumstances to build ties, ways of relating that include citizenship, mutual respect and towards our environment, as starting points. Public health will be better protected with an active citizenry, responsible for the fulfillment of its obligations and capable of exercising its rights.
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Firm: Fundeps´s team
We were present at the Conference: ‘Rethinking the role of foreign investment and the New Silk Road in Latin America’
“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 March 2 and 3, the conference ‘Rethinking the role of foreign investment and the New Silk Road in Latin America and the Caribbean‘ organized by Transnational was held on the campus of the National University of San Martín (UNSAM). Institute (TNI) and UNSAM.
Both days, exponents participated not only from Argentina, but also the presence of specialists from Chile, Bolivia, Brazil, Mexico and Peru. On the first day of the conference, issues such as the role of foreign direct investment (FDI) for sustainable development in the current context of climate crisis were addressed; FDI in Latin America, including Chinese investments and the key sectors in which they are located. In addition, the potential implications of the region for the New Silk Road were discussed.
As the main conclusions of the first day, we can mention China’s need for extractive primary resources, the main reason for its relationship with Latin America and the Caribbean. The transfer of Foreign Direct Investment (FDI) of environmental impacts to the countries of the region. Finally, the continued violation of Chinese investments to Convention 169 of the International Labor Organization (ILO) on the right to free, prior and informed consultation for indigenous peoples.
On the other hand, on the second day there was a greater exchange of opinions between the speakers and the public present, respecting the topics agreed in the Program, such as Chinese FDI in the region, specifically the characteristics, impacts and challenges they face. Latin American countries, with emphasis on Argentina, Brazil, Mexico, Bolivia and Chile. Lastly, the topics that generated the greatest exchange of opinions were the relationship FDI-sustainable development models and, on the other hand, what is the type of FDI that we want, that is, if it can contribute to national development taking into account ecological sustainability .
Regarding the second day, the questions that had great force were those regarding which pattern China follows in the different countries of the region. Thus, issues such as the growing demand for lithium by China, its association with companies from other states to obtain their technology (technology transfer), the expansion of bi-oceanic projects, hydroelectric dam projects and the increase in ecoterritorial conflicts, due to mention some.
In our region, in recent decades, Chinese investments have grown exponentially, exceeding investments by traditional multilateral organizations (such as the World Bank and IDB). With these investments comes the lack of controls, environmental and social impacts, and human rights violations. However, the asymmetric relationship that exists between the region and the Asian country cannot be overlooked, reproducing the classic unequal patterns of relationships that have characterized Latin America and the Caribbean, formerly with the United States and Europe, now with the People’s Republic from China.
Consequently, it is important to create greater articulation between civil society, academia, affected communities and all those interested parties to demand a more egalitarian form of relationship and compliance with environmental and social standards, absent so far. It is within this framework that our participation in the conference and Fundeps’ interest in strengthening ties with both national and international academic institutions that address the issue of Chinese investment and its impact on the environment and human rights are framed.
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We participate in the consultations of the new IDB Environmental and Social Policy Framework
“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”.
In January, the IDB began the public consultation process on a new Environmental and Social Policy Framework (MPAS), which has included, up to now, face-to-face and virtual consultations in the cities of Brussels (Belgium), City of Panama (Panama), Kingston (Jamaica), Lima (Peru), Buenos Aires (Argentina) and Washington DC (United States). In addition, the reception of a first round of virtual comments regarding the draft is contemplated until April 20.
From Fundeps, we participated both in the face-to-face public consultation carried out on March 10 in the City of Buenos Aires and in the consultation carried out on March 13 in the city of Washington DC. In turn, we plan to send written comments regarding the draft released by the Bank in the framework of a joint work we have been carrying out with a group of civil society organizations in the region.
In general terms, the draft MPAS proposes two different sections: a Policy Statement that basically establishes the roles and responsibilities that will correspond to the IDB in terms of compliance with the socio-environmental provisions and requirements of the new Framework; and a second section that includes the detail of the Environmental and Social Performance Standards with which the borrowers must comply. The draft proposes the inclusion of ten Standards: 1. Assessment and management of environmental and social risks and impacts; 2. Work and working conditions; 3. Efficiency in the use of resources and pollution prevention; 4. Community health and safety; 5. Land acquisition and resettlement; 6. Conservation of biodiversity and sustainable management of natural resources; 7. Indigenous peoples; 8. Cultural heritage; 9. Gender equality; and 10. Stakeholder participation and disclosure of information.
The IDB has argued that the proposed MPAS is based on five guiding principles: the non-dilution of current policies; results orientation (that is, effective implementation); the proportionality of the responsibilities and the established requirements regarding the level of risk of the project; transparency and the idea of ”doing good” beyond “doing no harm”.
However, the analysis that we have carried out together with the rest of the organizations involved in this process allows us to glimpse that, at least as proposed, the current draft is far from effectively complying with each of these guiding principles. In general terms, a dilution of policies and socio-environmental protection can be seen in many of the Performance Standards; it is not clear how effective the implementation of said MPAS will be; The idea of proportionality is not reflected in many sections of the draft; and practically no sections can be identified in the draft that propose “doing good” in the sense that the Bank proposes: that of facilitating more sustainable social and environmental results.
In turn, the entire review process being carried out by the Bank is far from being transparent and “offering significant opportunities for participation by all interested parties” as established by the IDB. Precisely, as usually happens with the consultation processes carried out by the IDB, this process has had important shortcomings, especially in the objective of achieving effective participation by stakeholders.
We have duly expressed all these criticisms and problems to the Bank’s representatives in each of the consultations in which we participate and we accompany them with specific recommendations and suggestions that they should take into account when preparing the next draft of the Framework. In addition, these recommendations will be sent in writing in advance before the expiration of the term to send comments virtually.
Having completed the public consultations and once the period for receiving comments and suggestions virtually ends, the Bank must prepare a new draft of the Environmental and Social Policy Framework to be presented to the Board of Directors. Subsequently, the new Draft will be published for a new round of virtual comments for a period of 30 days, according to the Public Consultation Plan approved by the Bank’s Executive Board. Upon completion of this period, the IDB will develop the final version of the Framework that will be submitted to the Policy and Evaluation Committee of the IDB Board for final evaluation.
The IDB is a member of the IDB Group. It is a source of long-term financing for the economic, social, and institutional development of Latin America and the Caribbean and, unlike IDB Invest that invests in private sector projects, the IDB is responsible for investment in the public sector.
More information
Public consultations begin on the new IDB environmental and social policy – Fundeps
The IDB and the IDB Invest review their environmental and social policies – Fundeps
Environmental and Social Safeguards Assessment – IDB
Modernization of the IDB’s environmental and social policies
Sectoral operational policies and sectoral framework document
Contact
Gonzalo Roza, gon.roza@fundeps.org
Analysis of the BRICS New Development Bank
This working document addresses one of the new multilateral development banks: the New Development Bank (NDB) of the BRICS. It develops its beginnings, structure, policies and strategies, the projects it has underway and the role that China has in the Bank.
The path of Civil Society towards 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”.
This document was carried out in the framework of the work of the Regional Observatory of Investments, Transparency and Human Rights (composed of various civil society organizations in Latin America and the Caribbean, many of them authors of this publication), as part of a collective effort for making known from our experience the contributions and lessons learned from the negotiation process of Principle 10 so that they can be incorporated into the current signature and ratification processes of the Escazú Agreement.
Thus, what is described in this document responds to the achievement of a regional aspiration: the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean, now the Agreement on Escazú, the first regional instrument of environmental rights, which represents a historic opportunity for the materialization of environmental democracy and the consolidation of citizenship, especially those groups that have been historically and systematically discriminated, such as indigenous peoples.
The publication summarizes the internal processes in various Latin American countries aimed at the approval of the Agreement, in particular, from Argentina, Brazil, Colombia, Mexico, Nicaragua and Peru.
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Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
Argentina will continue betting on the PPP contract modality?
“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 contract modality of Public Private Partnerships (PPPs) or Public Private Participation (PPP) are medium or long term agreements between the State and a private sector company. PPPs apply to projects related to public infrastructure and the provision of social services that have a deficit in their financing. Therefore, together with private and governmental agents, it participates in the provision of services such as water, transportation, road infrastructure, energy, among others. (More information about APPs)
The need for capital, technology and resources has been and is necessary in our country due to the deficit that exists in infrastructure. Therefore, the PPP contract modality has been presented as an alternative to end or reduce this imbalance. Since 2000, Argentina has a legal framework that regulates PPPs, one is Decree No. 1299 of year 2000 and the other is Decree No. 967 of year 2005. However, due to changes in the international economy , these instruments were obsolete, so in 2017 a new law was approved that regulates the application of the PPP, Law No. 27,328 and its Decree 118/2017. The difference between this instrument and the previous ones is that the current one excludes or limits the prerogatives of public law of the Administration as the ability to unilaterally modify the contract, making it impossible for the private contractor to invoke the breach of the State to suspend its benefits, among others.
The Subsecretariat of PPP is the body responsible for regulating this type of contract modality. This unit, before the assumption of the current government, was in charge of 5 National Directorates: the Executive Coordination of PPP Projects, Energy and Mining Projects, Transport Projects, Communications and Technology, Water Projects, Sanitation and Housing, and Health, Justice and Education. Currently, on the occasion of the change of government, modifications are being made in this unit. So now, the PPP Subsecretariat is responsible for 3 national directorates: the National Directorate of Information and Monitoring of PPP Projects, the National Directorate of Technical Evaluation of PPP Projects and the National Directorate of Legal and Regulatory Project Analysis of PPP.
It is important to mention that the High Level Reporting Mechanism (MRAN) was also implemented in the PPP Tenders that collaborates with the Anti-Corruption Office. This mechanism is a tool for preventing corruption and / or committing ethical irregularities. It aims to provide private sector companies and other parties that are participating in the bidding process, a reliable, specific channel known to all to report alert situations such as unethical behavior and offer of bribes.
As for the projects, once the law entered into force, an Argentine Government Plan was presented that contemplated the completion of 60 PPP projects between 2018-2022 for USD 26 billion. In this framework, from Fundeps, requests for information have been made to the national State to consult for more information on this type of contract such as the organizational structure that guarantees it, the entities responsible for monitoring, and what are the projects that are in March and in what sectors.
One of the largest projects currently being developed is the ‘Highway Network and Safe Routes PPP- Stage 1’ which began in June 2018, being awarded to National and International Public Tenders for the contracting of the design, construction, expansion, improvement, repair, remodeling, operation, maintenance and commercial exploitation of different National Road Corridors. Just to mention, this process had the participation of 10 consortia composed of 19 national and 7 international companies that submitted 32 offers in total.
However, when asked about the participation in this type of projects of any of the international financial institutions such as the IDB, IDB Invest or World Bank, from Nation they could not provide us with such information, despite the fact that they exist on the websites of said projects institutions, information linked to the realization of works with this type of modality.
Undoubtedly, the short period of validity of the new regime, as well as its poor implementation in only a handful of projects to date, added to the context of the economic crisis that the country has experienced in recent years, make it impossible to do an accurate balance of how effective or not this contracting modality has been to achieve the objectives set.
With the new government, it will be necessary to follow up on the projects that are underway and observe what position it will take according to the projects that are still to begin, since the package of projects covers from the year 2018 to 2022. In turn, It is worth considering whether the new government will follow in the footsteps of its predecessor, seeking to promote this type of contracting modality to carry out infrastructure works and attract private investment or if, on the contrary, it will resort to either more traditional options that are based on strong participation and financing of the public sector; or rethinking the APP mode in some way.
Regardless of this, and already having legislation that allows this type of contracting modality, from Fundeps we consider it a priority that, when thinking and promoting this type of projects, the problems and deficits that have had in the past are taken into account and they currently have PPPs in other countries of the region and the world. Problems that are widely documented and that can serve as lessons learned to avoid damages and enhance the benefits of this contracting modality to strengthen national infrastructure.
* The information provided has been modified according to the website of the Head of Cabinet where the new government management has modified the number of national addresses. It is important to clarify that they are still updating the contents of the site according to Decree 7/2019.
More information
Authors
Sofia Brocanelli
Gonzalo Roza
Contact
Gonzalo Roza, gon.roza@fundeps.org
Public consultations begin on the new IDB environmental and social policy
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With a statement on its website, the IDB announced the start of virtual and face-to-face public consultations on the draft of the new framework for environmental and social policy. According to the bank, this new framework aims to strengthen the environmental and social sustainability of the bank’s operations and, in turn, be more effective in responding to the challenges faced by the countries of the region to achieve the long-awaited growth. sustainable.
The Environmental and Social Policy Framework contemplates safeguards policies, lessons learned and good practices accumulated over the years. In addition, the policy mentions the bank’s commitment to environmental and social sustainability, and the 10 performance standards that borrowing member countries must meet.
Also, the draft policy contemplates environmental and social risks and impacts and highlights advances in human rights, gender equality, non-discrimination and stakeholder participation.
According to the consultation plan approved by the IDB Executive Board, the public consultation process will be significant, inclusive and transparent. However, a large part of civil society that has been working on agendas linked to the IDB over the last few years doubt that this is really the case, being guided by the bad experiences of the most recent public consultations carried out by the institution, which They characterized by their shortcomings in terms of public participation and transparency.
In-person consultation processes will take place at the Bank Headquarters in Washington D.C. and in some countries of Latin America and the Caribbean, Europe and Asia. Those interested in participating in face-to-face consultations may do so by registering here.
On the other hand, those who want to participate in virtual consultations, can send comments on the draft of the new policy through the website www.iadb.org/es/mpas or by sending an email to bid-mpas@iadb.org. The first phase of comments can be made until April 17.
Why is it important to participate?
For several reasons, it is necessary that civil society, citizens and, above all, indigenous communities and communities affected or potentially affected by IDB or IDB Invest operations actively participate in this process, contributing their experience and its recommendations and suggestions regarding the environmental and social safeguards of the institutions.
First, because both the IDB and the IDB Invest are, today and despite the diversification of financial actors operating in the region, key actors in financing for development in Latin America and the Caribbean. According to the Bank itself: in 2018, with a historical amount of US $ 17,000 million approvals, the IDB and the IDB Invest were consolidated as the main source of multilateral financing for Latin America and the Caribbean. The IDB approved a total of 96 sovereign guaranteed loan projects for a total financing of more than US $ 13.4 billion, and disbursed more than US $ 9.9 billion. In turn, 2018 was a record year for IDB Invest, with approvals of US $ 4,000 million, 26% more in volume and 21% more in number of transactions than the previous year. The IDB Invest extended its support to sectors such as infrastructure and Fintech, adding to education, tourism, water and sanitation, transport and energy. In the case of Argentina, the IDB has historically been the main multilateral partner for the country’s development, with an average of recent annual approvals of US $ 1,360 million. The current active portfolio with the public sector is 54 operations for an approved amount of US $ 9,206.4 million and an unpaid balance of US $ 3,874.7 million, according to the information provided by the Bank itself.
Second, because a robust and effective system of environmental and social safeguards is key to avoiding the impacts at the socio-environmental level that, in many cases, bring infrastructure projects financed by institutions such as the IDB or the IDB Invest. When the design, application or implementation of environmental and social safeguards fails in these types of projects, the impacts and consequences especially in the communities involved are often complex, and unfortunately in many cases, irreversible. Cases such as Camisea in Peru or Hidroituango in Colombia reflect the bitter consequences of the bad, or even the lack of application of socio-environmental safeguards in projects financed by the IDB Group.
Third, because an active, informed, responsible and coordinated participation by the key actors of civil society and the indigenous and affected communities of the region would contribute to the objective of avoiding a possible (and latent) dilution of the system of environmental and social safeguards from both the IDB and the IDB Invest. Recent experiences of dilution of environmental and social regulatory frameworks after review and “modernization” processes not only in related institutions such as the World Bank or the International Finance Corporation (IFC), but also in the national regulatory systems of the countries of The region clearly reflects a trend that the IDB Group seems not to want to escape.
More information
Authors
Sofia Brocanelli
Gonzalo Roza
Gonzalo Roza, gon.roza@fundeps.org