The Director of Human Rights of the Minister of Foreign Affairs’ office welcomed Civil Society representatives to discuss Argentina’s position in the next session of the United Nations Human Rights Committee.
Last Monday, the General Director of Human Rights of the Ministry of Foreign Affairs’ office, the minister Federico Villegas Beltrán, welcomed a Group of representatives from different organizations of the civil society to discuss actions Argentina will be taking in the next session of the United Nations Human Rights Committee.
Throughout June, the United Nations Human Rights Committee will receive reports carried out by the Advisory Committee on Human Rights and Businesses and will debate the possibility of moving towards an international document that will regulate the responsibility of businesses in terms of human rights. Together with a coalition of organizations, FUNDEPS sent the Minister of Foreign Affairs Hector Timerman a letter requesting that in the next committee sessions the production of an international treaty on the matter be endorsed.
At the moment, numerous commercial businesses are directly or indirectly connected to a series of abuses and violations of human rights in different parts of the world. In addition, there is a strong preoccupation for the way in which the rights of the most vulnerable are seen to be affected: women, young people, underprivileged, farmers and indigenous towns, girls and boys amongst others. There has also been an increased amount of registered attacks, persecutions, intimidations and restrictions of the defenders of these rights, as well as members the organizations in the civil society, such as syndicates and representatives from indigenous towns.
In the UN’s framework, the link between businesses and human rights finds itself regulated by three fundamental pillars: the right to protection from the state when faced with abuse committed by third parties, the right for the business to respect them and their corresponding responsibility, and the victims’ access to justice, in order to achieve an effective reparation. On top of these pillars, they have developed the Guiding Principles and other guidelines such as the OECD guidelines and the framework of sustainability and IFC’s performance standards.
These types of guidelines do not only appear in autonomous regulations but in surrounding laws as well, defending consumers, labour policies and fighting against corruption. Nevertheless, Studies show that although there are a wide range of guidelines that directly or indirectly regulate the right to company due diligence, in practice they do not implement it or do not fully apply themselves.
The Treaty Alliance
Facing this panorama is a movement that demands the rise of the level of commitment, developing the guiding principles of 2011 into a binding treaty regarding company responsibility in Human Rights. A treaty that can guarantee that the obligations surrounding Human Rights are applied to company procedures, much like admonitory obligations and regulation of corporations, provide effective solutions for those who are affected by violations by the businesses and to create international mechanisms of control and implementation. The Treaty Alliance has elaborated a declaration in this sense, which has already been signed by more than 400 organizations in the civil society, amongst them some who have gotten drawn up formal communication with the Minister of Foreign Affairs of Argentina.
The Minister of Foreign Affairs’ view
During the meeting, Minister Federico Villegas Beltrán protested in favour of the benefits that an instrument such as that that is being demanded could yield. Argentina is a pioneer in this matter and is producing advanced jurisprudence in that regard with the last trials on company responsibility in crimes against humanity; such is the case of the sugar factory Ledesma or the motor companies Ford and Mercedes Benz. Nevertheless, the minister showed caution and mentioned the importance of establishing progressive objectives, which allow the achievement of a consensus between the countries where the headquarters of the majority of the big companies are gathered.
All in all, Argentina’s participation in the council meeting will work to achieve the necessary consensus in order to raise the level of commitment of the states with the Guiding Principles. From FUNDEPS, we will continue working to promote the establishment of legal frameworks that make human rights a requirement not only facing the States but also facing institutions like companies whose power and impact has recently grown.
Translated by: Nailah Carr
Augustine Filippi On the Environment Act
The project lacks operational standards, everything is subject to rulemaking and the enforcement authority. The objectives are perceived to achieve a good living, not as a consequence of it.
Spatial planning; not only regulate human activities with the environment but with other and human activities that have an impact on settlements or communities. Citizen participation; is not only the condition of being citizens that allows us to participate but our human condition, everyone has the right to be consulted (different to the right to speak).
Link: http://www.ivoox.com/ley-ambiente-agustin-filippi-fundeps-audios-mp3_rf_3034751_…
Argentinian governor against Embalse Nuclear Power Station
The Córdoba governor said the plant “was an error” and questioned the National Government as to why the province was not consulted about the extension of it’s operating life.
BUENOS AIRES, Argentina – The governor of the province of Córdoba, José Manuel de la Sota, said during a radio interview with LT8 from Rosario on the 19th July that the Embalse Nuclear Power Plant “was an error”. This has produced much optimism among the general population and environmentalist organisations who demand the nuclear disarmament of the province and that the plant is taken out of operation.
“Nobody wants to have a nuclear power plant opposite their house, even if they tell us it is safe, that it’s fantastic,” the governor said.
The Embalse Nuclear Power Plant is situated on the southern coast of the Río Tercero reservoir in the province of Córdoba, approximately 100 kilometres from the province’s capital.
It began operation in 1984, and reached the end of it’s operating life in March 2012. However, it has not been dismantled and the National Government intends to extend it’s working life by another 25 years. De la Sota questioned why the government didn’t consult the province. “It is my understanding that the corresponding company that depends on the government would have decided to extend the plant’s lifespan, alleging that it would cost the same to close it as to keep it in operation… This topic, alongside others, will have to be discussed, but I don’t think a decision will be reached before the provincial elections next year,” he continued.
In the same way, the governor also talked about safety issues, claiming that everything to do with nuclear energy is subject to questioning after Chernobyl and Fukushima.
Concerning questions of safety, the Minister of Planning and Public Investment Julio de Vido said last year during a press conference that the accident in the Japanese plant caused by a tsunami had unique characteristics related to the country’s seismology.
“It was an accident that cannot be compared and has no possibility of being repeated in Córdoba,” the minister said.
Resistance
A coalition of local and national organisations formed ‘Córdoba no nuclear’ and presented a bill to the provincial government for the “obsolete and dangerous” Embalse power plant to close permanently.
The campaign organised by the coalition gathered 30,000 signatures from people in Córdoba who support their cause and the draft law is waiting to be dealt with by the province’s lawmakers.
The Córdoba No Nuclear coalition is made up of CEDHA, Eco-Sitio, FUNDEPS, Greenpeace, Fundación Hölderlin, Los Verdes and Tierra Vida.
“Now there are more than 30,000 of us demanding the permanent closure of the Embalse power plant and we urge the governor De La Sota to support our cause in the government so this may happen,” the environmentalist Luis Tuninetti from Eco-Sitio said.
Translated by: Rachel Neal
FUNDEPS takes part in global Young Human Rights Advocates meeting in Columbia
The Second Global Action-Research Workshop for Young Human Rights Advocates, which is taking place in Colombia, has been coordinated by the organization Dejusticia and includes amongst its participants FUNDEPS staff member Yamile Najle.
The Second Global Action-Research Workshop for Young Human Rights Advocates, organized by Dejusticia, is a meeting which brings together fifteen young professionals from the Global South, drawn from research, activism and the legal profession. Yamile E. Najle, Human Rights Coordinator at FUNDEPS, has been chosen to participate in the workshop, which is taking place this week in Colombia.
Dejusticia’s Second Global Action-Research Workshop will focus on the problems currently faced by Environmental Justice and the challenges that this presents for human rights advocates. It aims to train these professionals to design, implement and present action-oriented research, and to communicate their results in an effective manner.
The Workshop will be structured around academic presentations, group discussions and reflective learning, including visits to local places where work is being done to defend environmental justice and human rights. It will cover research methods as well as communicating and writing up action-research in this field. The international experts attending include Boaventura de Sousa Santos and Caesar Rodriguez Garavito, amongst others. Participants represent organizations including Argentina’s Center for Legal and Social Studies (CELS), the Indian Centre for Social Justice, Brazil’s YOU CONNECT and the Kenya Human Rights Commission.
FUNDEPS believe that active participation in this meeting will be an enriching experience which will strengthen our capacity to research and take action on our goal to promote the respectful and sustainable development of human rights.
More information:
– Presentation on the 2nd Global Workshop on the Dejusticia website
– Video about the first Global Action-Research Workshop for Young Human Rights Advocates
– Second Global Action-Research Workshop for Young Human Rights Advocates: programme and attendees
Contact:
Yamile Najle
yamilenajle@fundeps.org
Translated by: Hayley Wood
Comments on the Draft of the Revised Policy of the Independent Consultation and Investigation Mechanism (ICIM) – September 2014
This document was prepared by FUNDEPS, along ith a wide range of civil society organizations, and seeks to provide the Inter-American Development Bank (IADB) and the ICIM some comments, suggestions and concerns about the current review process of the Mechanism that is being carried out by the Institution (currently in its second phase of public consultations).
Overview of Infrastructure Financing in Latin America. What Kind of Regional Context is the New BRICS Bank Entering? – September 2014
This publication was drafted by the Regional Group on Financing and Infrastructure (GREFI), formed by Asociación Ambiente y Sociedad (AAS) from Colombia, Derecho, Ambiente y Recursos Naturales (DAR) from Peru, Fundar, Centro de Análisis e Investigación from Mexico, and the Fundación para el Desarrollo de Políticas Sustentables (FUNDEPS) from Argentina. The paper describes the current infrastructure financing landscape in Latin America and the Caribbean, introducing the diverse actors present in this context, as well as the current trends towards weakening normative frameworks for national, regional and multilateral banks and the national frameworks of the countries that benefit from such loans and financing.
World Bank seeks to weaken socio-environmental standards for its projects. Responses from organizations in civil society
Latin American civil society must act urgently faced with the risk of the weakening of environmental and social safeguards by the World Bank. Greater clarifications regarding the weakening of these standards and the responses from organizations in civil society.
A leaked draft of the new framework of policy safeguards for the World Bank makes evident what civil society has feared since the start of this revision process in the year 2012: a clear risk of the weakening of the environmental and social standards meant to protect people and the environment from negative impacts caused by projects financed by the World Bank.
Although the draft presents some secondary advances, it is clear that the new regime of proposed institutional safeguards represents a step backwards regarding socio-environmental standards. It will practically destroy a whole generation of achievements and advances for civil society and the communities affected by these advances. At the same time it represents a dangerous precedent for other Financial Institutions acting in the region, such as the IDB(Inter-American Development Bank) and the ADC(Andean Development Corporation/Latin American Development Bank), which often see the World Bank as a “role model”.
Nonetheless, it is not too late to act, since the Executive Directors of the Bank will meet next July 30th to decide if the framework advances to the next phase (second round of review) or should be returned to the Bank Management for modifications. Therefore it is of incredible urgency that Latin-American civil society contact the regional Executive Directors who will be meeting next July 30th to express their worries related to the framework of new safeguards and to demand that it be sent back to the Management for revisions.
Following are the contact details for the Executive Directors representing countries in the region:
Some organizations from civil society have already communicated with the Executive Directors and functionaries of the World Bank to express their concern about these possible changes. In a comunication sent last July 24th, such opposition to the framework was expressed. For example, they made points about “the flexibility of basic requirements for the World Bank regarding management and evaluation of environmental risks and impacts prior to project approval. The new proposal puts off the evaluation of risks and impacts until implementation unless it is a condition of project approval”.
FUNDEPS has been tracking the revision process for the Bank’s safeguards, and has held a series of meetings on the issue in recent months (see here). Despite having unsuccessfully tried to contact Executive Director César Guido Forcieri (Argentine) on numerous occasions, we will try again to contact him to express our concern over the new safeguard policies and the need to revise them.
More information:
– Letter from OSC to the Executive Director and World Bank functionaries- 24/07/2014
– Statement from Bank Information Center (BIC) – “El Paquetazo: The World bank threatens to weaken its safeguards and create an opening for greater flexibility of worldwide social and environmental standards.”
– Statement from Bank Information Center (BIC) – “The World Bank Moves to Weaken its Protection for the Poor”
Contact:
Gonzalo Roza-Global Governability Program Coordinator
gon.roza@fundeps.org
Translated by James Cochran
FUNDEPS takes part in Cartagena + 30
Thirty years after the original Cartagena Declaration on Refugees, the “Cartagena +30”consultation is taking place across Latin America. FUNDEPS is contributing to the writing of the Cartagena +30 Academic Declaration, which will outline the position of the academic sector with regard to the situation of refugees in the region.
The commemorative process aims to strengthen the legal framework of protection for refugees at an international level. Amongst the additions proposed by the FUNDEPS Human Rights team are the need to consider emerging reasons for people to seeking refuge, such as environmental issues; the inclusion of gender perspective in regional documents; and the importance of creating links between the academic sector and civil society, in order to put knowledge to practical use.
The concept of “refugee” came into use after World War II, with a view to granting international protection for people who, fearing persecution on the grounds of race, religion, nationality, adherence to a social group or political opinions, have to leave their own country or who cannot take refuge in their country’s protection. The 1951 Convention on the Status of Refugees and subsequent 1967 protocol, adopted by the United Nations, legislates refugee status at an international level.
The Cartagena Declaration was signed by a group of Latin American countries in 1984, following a series of Central American conflicts which had created large numbers of forced migrants. This declaration was not only important in Latin America, but also marked a change at international level in extending the critera by which a person could be considered a refugee, including internal conflicts, foreign intervention, violence, major human rights violations and other circumstances which severely disrupt civil society. These were added to the reasons for which a person can receive international protection and humanitarian aid.
30 years after this landmark declaration, the goal of the Cartagena + 30 process is to draft discussion documents outlining the region’s progress, challenges and opportunities; to facilitate discussions at a subregional, governmental, civil society and academic level; to establish the political support of Latin American governments and to identify possible partners from regional institutions and from civil society. It also aims to establish a committee of experts who will act as consultants for the commemorative process and to secure support from donors and other sources of revenue. All this will culminate in a comprehensive report which will be presented to ministers at a commemorative event. This event will conclude with the adoption of a new declaration and a plan of action.
The forerunners of Cartagena +30 are two documents, one adopted in 1994 and the other in 2004: the San José Declaration on Refugees and Displaced Persons and the Mexico Declaration and Plan of Action to Strengthen the International Protection of Refugees in Latin America.
FUNDEPS is actively contributing to the Cartagena +30 Academic Declaration, together with local universities, professors and academics. This declaration will be presented at the end of October at the Universidad Católica de Santos in Brazil. The Academic Declaration is one of the documents bringing together information and outlining regional challenges and opportunities, which will be presented at the ministerial summit.
Further information:
– ACNUR Cartagena+30
Contact:
-Carolina Tamagnini
carotamagnini@fundeps.org
Translated by Hayley Wood
Civil society organisations demand an effective and participatory public consultation process from the IDB for the second phase of the ICIM review
More than 20 organisations from countries all over the world demand that the second phase of the ICIM review allows a sufficient amount of time (no less than 60 days) to submit comments and suggestions to the preliminary version of the revised policy, as well as face-to-face meetings and/or videoconferences in the region that ensure an informed public participation, and a widespread and decentralised announcement that ensures effective involvement of all communities and individuals with an interest in the mechanism.
Last Monday, 7th June 2014, an assortment of more than 20 organisations from all over the world, including FUNDEPS, sent a letter to the President of the IDB, Luis Alberto Moreno, and the executive directors of the institution. The aim was to express the worry felt by civil society about the future of the complaints mechanism of the bank, known as the ICIM (Independent Consultation and Investigation Mechanism), which is currently being reviewed.
The ICIM, which replaced the failed and inefficient Independent Investigation Mechanism (IIM) in 2010, is the mechanism of evaluation for the financial operations of the IDB. Therefore, it intends to respond to the concerns of individuals or communities affected by projects financed by the bank. This shows the importance of this mechanism inside the institutional framework of the IDB.
While the creation of the ICIM was well received by civil society and showed a clear step forward vis-à-vis the transparency and accountability of the bank, there still exist real challenges to overcome before it can be considered a truly effective resource working for the affected communities. With that in mind, the review process of the ICIM that the bank decided to carry out in mid-2013 will, after a number of delays, start its second phase of public consultations in the next few weeks. This will be an ideal opportunity to strengthen the mechanism and deliver a much more effective system.
However, it has been reported that the bank is considering a consultation period of only 30 days for this second phase. Thereby limiting the reception of comments to online-only and without considering the arrangements of face-to-face meetings or videoconferences. Worryingly, this approach will discourage any informed and effective public participation. This prospect is even more worrying when one considers how important participation is for the recipients of this very mechanism: those affected or potentially affected by the bank’s projects, many of whom lack access to the internet or electronic media.
Consequently, the organisations signing the letter highlight the necessity of the administration and the Executive Director of the bank to promote an effective and participatory public consultation process for the second phase of review that allows:
· An adequate amount of time, no less than 60 days, to provide comments and suggestions to the preliminary version of the revised policy.
· Face-to-face meetings and/or videoconferences in the region to ensure an informed participation.
· A widespread and decentralised announcement that ensures a large turnout of all the communities and individuals that have a stake in the working of the mechanism, including those that have used the system in the past.
FUNDEPS will participate in this second phase of the consultation, with the aim to strengthen the ICIM and bring about a positive change in its operation.
More information:
– Letter from CSOs – Considerations about the second phase of the ICIM review. Official website of the IDB’s ongoing ICIM review process
Contact:
Gonzalo Roza – Coordinator of the Global Governance Programme
gon.roza@fundeps.org
Análisis técnico jurídico de la Ley de Política Ambiental de la Provincia de Córdoba – Ley Nº 10208 Ampliando estándares de protección ambiental. Fortalezas y debilidades – July 2014
En el presente documento nos proponemos trabajar más exhaustiva y sistemáticamente el texto normativo de la llamada Ley de Convivencia Ambiental. Pretendemos poner de relieve los significativos avances en el derecho ambiental local, que han generado una nueva matriz de derechos que deberán ser ejercidos por la ciudadanía y las organizaciones que propendan a la protección del ambiente y del medio social, y obligaciones que deberán ser cumplidas principalmente por las autoridades públicas responsables en la materia. Del mismo modo, resaltaremos aquellas disposiciones que entendemos carecen de sustento jurídico suficiente, y dejaremos asentado asuntos que no han sido incluidos en la ley y que son de fundamental importancia.
Carta enviada al BID sobre “Necesidad de un proceso de consulta pública efectivo y participativo para la segunda fase de revisión de la Política del MICI” – July 2014
Esta carta fue enviada al Presidente Moreno y al Directorio Ejecutivo del BID en julio de 2014 por un conjunto de Organizaciones de la Sociedad Civil (entre ellas Fundeps), solicitando un proceso de consulta público efectivo y participativo para la segunda fase de revisión de la Política del MICI.
Discussions in Argentina regarding a treaty between businesses and human rights.
The Director of Human Rights of the Minister of Foreign Affairs’ office welcomed Civil Society representatives to discuss Argentina’s position in the next session of the United Nations Human Rights Committee.
Last Monday, the General Director of Human Rights of the Ministry of Foreign Affairs’ office, the minister Federico Villegas Beltrán, welcomed a Group of representatives from different organizations of the civil society to discuss actions Argentina will be taking in the next session of the United Nations Human Rights Committee.
Throughout June, the United Nations Human Rights Committee will receive reports carried out by the Advisory Committee on Human Rights and Businesses and will debate the possibility of moving towards an international document that will regulate the responsibility of businesses in terms of human rights. Together with a coalition of organizations, FUNDEPS sent the Minister of Foreign Affairs Hector Timerman a letter requesting that in the next committee sessions the production of an international treaty on the matter be endorsed.
At the moment, numerous commercial businesses are directly or indirectly connected to a series of abuses and violations of human rights in different parts of the world. In addition, there is a strong preoccupation for the way in which the rights of the most vulnerable are seen to be affected: women, young people, underprivileged, farmers and indigenous towns, girls and boys amongst others. There has also been an increased amount of registered attacks, persecutions, intimidations and restrictions of the defenders of these rights, as well as members the organizations in the civil society, such as syndicates and representatives from indigenous towns.
In the UN’s framework, the link between businesses and human rights finds itself regulated by three fundamental pillars: the right to protection from the state when faced with abuse committed by third parties, the right for the business to respect them and their corresponding responsibility, and the victims’ access to justice, in order to achieve an effective reparation. On top of these pillars, they have developed the Guiding Principles and other guidelines such as the OECD guidelines and the framework of sustainability and IFC’s performance standards.
These types of guidelines do not only appear in autonomous regulations but in surrounding laws as well, defending consumers, labour policies and fighting against corruption. Nevertheless, Studies show that although there are a wide range of guidelines that directly or indirectly regulate the right to company due diligence, in practice they do not implement it or do not fully apply themselves.
The Treaty Alliance
Facing this panorama is a movement that demands the rise of the level of commitment, developing the guiding principles of 2011 into a binding treaty regarding company responsibility in Human Rights. A treaty that can guarantee that the obligations surrounding Human Rights are applied to company procedures, much like admonitory obligations and regulation of corporations, provide effective solutions for those who are affected by violations by the businesses and to create international mechanisms of control and implementation. The Treaty Alliance has elaborated a declaration in this sense, which has already been signed by more than 400 organizations in the civil society, amongst them some who have gotten drawn up formal communication with the Minister of Foreign Affairs of Argentina.
The Minister of Foreign Affairs’ view
During the meeting, Minister Federico Villegas Beltrán protested in favour of the benefits that an instrument such as that that is being demanded could yield. Argentina is a pioneer in this matter and is producing advanced jurisprudence in that regard with the last trials on company responsibility in crimes against humanity; such is the case of the sugar factory Ledesma or the motor companies Ford and Mercedes Benz. Nevertheless, the minister showed caution and mentioned the importance of establishing progressive objectives, which allow the achievement of a consensus between the countries where the headquarters of the majority of the big companies are gathered.
All in all, Argentina’s participation in the council meeting will work to achieve the necessary consensus in order to raise the level of commitment of the states with the Guiding Principles. From FUNDEPS, we will continue working to promote the establishment of legal frameworks that make human rights a requirement not only facing the States but also facing institutions like companies whose power and impact has recently grown.
Translated by: Nailah Carr
Statement for World No Tobacco Day
As part of World No Tobacco Day, which is celebrated every year on the 31st of May, FUNDEPS is sharing a statement signed by various health organizations in order to promote the improvement of tobacco control policies and health protection, particularly in relation to taxation policies.
World No Tobacco Day is promoted by the World Health Organization (WHO) to highlight the health hazards generated by smoking tobacco. According to the WHO, the worldwide tobacco smoking epidemic kills almost 6 million people each year and of those 600,000 people are nonsmokers who die from second hand smoking. Without a change in the regulation framework we will see 8 million tobacco related deaths a year by the year 2030. More than 80% of these preventable deaths will occur among the population of second and third world countries.
According to the Argentinian Minister for Health, the tobacco epidemic affects almost 9,000,000 people in Argentina. The consumption of tobacco is the number one cause of preventable premature deaths, causing more than 40,000 deaths annually. According to the health institute, Instituto de Efectividad Clínica y Sanitaria, the country wastes more than 20,000 million pesos treating diseases caused by tobacco addiction and 6,000 non-smokers die as a result of second hand smoking.
Faced with this situation FUNDEPS emphasises that the protection of health against the tobacco epidemic is a human rights obligation, just as they demonstrate the recommendations made by the Economic, Social and Cultural Rights Committee. Here, in the latest review into the progress made by Argentina in relation to their obligations, the Committee made specific recommendations linked to the control of tobacco and health protection.
This year, 2014, the objective of World No Tobacco Day is to encourage governments to raise taxes. In Argentina, cigarettes are cheaper and more accessible than in the rest of the continent and the world, which is one of the main reasons for the high number of tobacco users in the country.
According to investigations by the Inter-American Heart Foundation in Argentina (Fundación Interamericana del Corazón Argentina) “While by the middle of 2005, buying 100 packets of cigarettes cost 42% of the average Argentine salary but midway through 2013 to buy the same amount of packets only account for 22% of the same average salary”.
Hence, numerous civic society organisations have made a statement which requests “the Argentine State authorities promptly implement of a taxation policy that increases the actual price and steadily reduces the affordability of tobacco products, with the aim of reduce tobacco consumption and improving public health”.
At the same time maintaining the demand for the ratification of the Framework Convention for Tobacco Control (Convenio Marco para el Control del Tabaco), since Argentina is one of the few countries in the region which has not yet ratified this international instrument.
Translated by: Sinead Barnett