In the following guide you will find questions and answers about access to public environmental information and useful information to make requests to the State.
Tag Archive for: Access to Information
In an effort to promote the effective implementation of the Escazú Agreement at the local level, Fundeps held three meetings during the month of August, aimed at the Urban Planning Department of the Municipality of Córdoba. These training sessions focused on strengthening competencies in environmental law and the rights of access to information, participation and environmental justice, essential for sustainable urban planning.
“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 target audience of these meetings were members of the Secretariats of Urban Development, Regional Integration and Institutional Linkage, and Smart City of the Municipality of Córdoba. The main objective was to provide the necessary tools to understand and apply the Escazú Agreement in the urban planning policies and practices of the city.
The first two workshops focused on theoretical and specific aspects of minimum budget laws and the Escazú Agreement. For the last meeting, we placed special emphasis on citizen participation. During this session, we explored various models of successful citizen participation, both at the national and regional level, highlighting practical examples that have been implemented in different cities in our country, as well as in Latin American countries and localities in Europe.
We proposed discussions on cases where active citizen participation has resulted in significant improvements in urban planning and management, highlighting how these inclusive processes can be adapted to our city. In addition, we analyzed the tools and mechanisms available to facilitate citizen participation in decision-making, emphasizing the importance of transparency, effective communication, clear language and building trust between municipal authorities and citizens.
We continue to work for the full and effective implementation of the Escazú Agreement at the local level. The Agreement is a fundamental tool for the protection of the environment and of human rights defenders in environmental matters.
If you want to learn more about the Escazú Agreement, visit our website: https://acuerdodeescazu.org/
Authors
Lourdes Zanotti
Federico Marengo Ligoria
Contact
María Laura Carrizo, lauracarrizo@fundeps.org
The undersigned organizations express our concern about Decree 780/24 with which the National Executive Branch attempts to restrict the right of Access to Public 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”.
A regulatory Decree cannot limit the right of access to public information in contradiction with the scope of the Access to Information Law itself, voted by the National Congress in 2016.
The exceptions established by Law 27,275, which allow the State to refuse to provide the requested information, are far from what is regulated by the National Executive Branch. The aforementioned Decree expands the information that is outside the public interest, expands secrecy and provides discretion by leaving in the hands of public officials the definition of what is a public document and what information can be considered part of the private sphere of the authorities, giving them special protection.
Decree 780/24 represents a serious regression in the interpretation of the right of access to information in light of international standards on human rights and the fight against corruption, and creates a discretionary regulatory framework whereby the political definitions of the government and the subjective decisions of officials take precedence over the right to access information in the hands of the State.
We request the National Executive Branch to repeal this Decree and guarantee full access to public information.
Acción Colectiva – ACIJ – Alianza Regional por la Libre Expresión e Información – Amnistía Internacional- Andhes – Anima Chicos – ARPIAS (Salta) – Asuntos del Sur – CADE – CAIP – Campaña por el Aborto (Salta) – CAREF – Carrera Comunicación (UBA) – CECIM (La Plata) – CEG (La Plata) – CELS – CEPPAS – CIDC – CIPCE – CIPPEC – Clínica Jurídica de Acceso a la Información (UNLP) – Comunicación para la Igualdad – Conciencia – Consciente Colectivo – Democracia en Red – DEMOS – Directorio Legislativo – ELA – Escuela de Fiscales – FADECCOS – FARN – FATPREN – FEC – Festival Cine a la Vista – FIC – FOCIS (Salta) – FOPEA – F. para el Desarrollo Humano Integral – FUNDAR – FUNDEPS – Gestión Nativa – Hora de Obrar – Huésped – ILSED – Incidencia Feminista – INECIP – Khuyay – La Casa del Encuentro – La Fuerza de las Mujeres – Minka Digital – Mujeres en Igualdad – Mujeres por la Igualdad de Oportunidades – Mundosur – Nuestra Mendoza – Obs. de Just. Sanitaria y Climática Latam. – Patagonias.org – Periodistas Argentinas – Poder Ciudadano – RAAC – Red Ciudadana Nuestra Córdoba – REDCOM – Red Par – Red Ruido – RIPVGAR – Salta Transparente – SES – Sipreba – Unión Inquilinxs (Salta) – Vía Libre – Xumek
By compiling some of the experiences of struggles of the Cordoba communities, we aim to provide a collective response to the challenges that arise around the processes of environmental conflict.
The truth is that there is no single way to organize, no single way to ask the authorities for answers, and much less a single way to confront a socio-environmental conflict. However, we observe that there are common practices that have been strengthened and that serve as a guide for other struggles.
The Inter-American Development Bank (IDB) took the final step of a process that lasted several years and culminated with the approval of a new Access to Information Policy (PAI) by the Board of Executive Directors.
“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 new policy, approved on July 26, 2024, which updates the current IDB policy, will go into effect on September 1, 2025
At Fundeps, together with other regional organizations, we actively participate in the process of updating and adapting the IDB’s PAI, sending comments and suggestions to each of the previous versions, as well as participating in various public consultations to strengthen the right. access to information and transparency in the Bank.
As improvements introduced to the new Bank Policy, mention can be made of the possibility of making anonymous information requests, the reduction in the IDB’s response times to information requests and the work that the institution is doing to increase the usability of the information. and the use of more accessible formats. Even so, it is imperative to consider that access to Information and Communications Technologies (ICTs) is not universal or uniform.
Likewise, there are essential aspects that the PAI, or its next updates, must incorporate, such as:
- The approach to access to information as a fundamental human right and, therefore, a pillar of the PAI itself.
- The harmonization of the Access to Information Policy with the Escazú Agreement.
- Eliminate ambiguities in the language of the standard, mainly in the “Exceptions” section, which must be more precise and establish clear criteria for its application.
Likewise, it is worrying that some criteria and parameters that will make the PAI effective are addressed in the Implementation Guidelines. In this way, the effectiveness and strength of the PAI will depend greatly on these Guidelines, which do not require mandatory compliance, as the PAI itself does.
Likewise, it should be mentioned that there were significant delays in the PAI review process. At the end of 2019, the IDB began this process that was suspended months later. Subsequently, in April 2022, it was resumed and the Bank presented a new policy proposal to the Board of Executive Directors, which was approved for public consultation with interested parties. It was only in January 2024 when the final version of the New Information Access Policy was approved, which did not take into account many of the comments and suggestions raised by civil society within the framework of the in-person and virtual consultations organized by the own bank.
As a next step, after the approval of the Access to Information Policy, the Implementation Guidelines for its application will be prepared, which, according to the IDB, will be circulated in a timely manner for comments from the public and civil society organizations. Given the great importance of these Guidelines, especially in this case, we hope that this will be the case and we reiterate the importance of the Bank placing people at the center and using the possibility of making effective and full the exercise of the right of access to information , also strengthening in this process the effective participation of civil society organizations, communities and people affected by their projects and populations in vulnerable situations.
More Information
- New IDB Access to Information Policy (2024)
- IDB | Update of the access to information policy (2024)
- IDB launches new Access to Information Policy to improve transparency and accountability – IDB (2024)
- Comments to strengthen the IDB’s Access to Information Policy – Fundeps (2023)
- Recommendations and comments from Civil Society to the Draft Access to Information Policy of the Inter-American Development Bank – Fundeps (2022)
- IDB began public consultation for the new Access to Information Policy – Fundeps (2022)
- Shortcomings in the Access to Information Policy of the Inter-American Development Bank (2022)
Contact
Gonzalo Roza, gon.roza@fundeps.org
We launched the web platform “Escazú Agreement for communities”, which provides information about the Agreement and the rights it contemplates with data and practical models to make them effective. Additionally, within the site, a document is available to download that brings together the experiences and learnings of different communities in Córdoba that face environmental problems and have been fighting for years.
“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 Escazú Agreement is the first environmental treaty in the region on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean. It is also the first treaty in the world to contain provisions related to the protection and promotion of the work carried out by human rights defenders in environmental matters.
At Fundeps, we have been accompanying the process of the Agreement since before its approval in 2018, due to the central role it plays in strengthening environmental democracy and climate justice. Within the framework of this process, when it came into force in Argentina we launched a Resource of the Escazú Agreement and a Guide on Access to Environmental Information. Then, we carried out a training cycle on access to public environmental information and an introduction to Escazú, and in 2023, as part of the project called “Escazú Agreement: What is happening in Córdoba?”, we held workshops in different locations in the province. crossed by socio-environmental conflicts.
This entire journey, added to the daily accompaniment to communities in Córdoba, allowed us to detect the need to create a tool that brings together all the inputs created, information related to the Escazú Agreement and that provides practical instruments to facilitate the exercise of the rights it regulates. For this reason, we launched “Escazú for communities” (agreementdescazu.org), a platform that provides information about what the Agreement is, what rights it contemplates and how they are exercised, what is the history of the Agreement, which countries in the region are part, the answers to frequent doubts that arise among those who defend the environment, among other contents. Our objective is to make available to communities the tools that Escazú offers to promote and monitor their effective implementation, and strengthen the struggles of people and groups that defend the environment, collective health and their territories.
Among the tools on the site, you can find: models for requesting public environmental information, explanations on how citizen participation should be guaranteed and made effective in decisions that impact the environment, types of judicial actions that can be filed to claim; the obligations of States to guarantee the safety of those who defend the environment, among other issues.
At Fundeps we have also been working to strengthen the strategies and approaches to socio-environmental conflicts, putting human rights defenders in environmental matters at the center. For this reason, within the website you can also access “Resisting and re-existing in community. Stories and experiences of socio-environmental struggles in Córdoba. This document is the result of a series of interviews carried out during 2023 and 2024 with seven communities in struggle in the province of Córdoba (OMAS, VUDAS, Todxs por Nuestros Arreros, Vecinos Autoconvocados de Marcos Juárez, Preservando el Parque de la Vida, Madres de Barrio Ituzaingó and Friends of the San Martín Reserve), to whom we deeply appreciate their support and collaboration. The purpose is to share the experiences of the communities, their stories and their useful advice for those who are beginning a process of socio-environmental struggle.
We are committed to this website serving as reference material and strengthening environmental capacities. We also promote the dissemination of struggle strategies and the learning of those who carry them out in the province, so that socio-environmental challenges are navigated solidly knowledge, based on shared experiences and, above all, on the network.
We hope that it will be useful to interested people, and above all, to those who defend human rights in environmental matters.
Author
Ananda María Lavayen
Contact
Laura Carrizo, lauracarrizo@fundeps.org
From April 21 to 24, we participated in the Third Conference of the Parties to the Escazú Agreement (COP3) that took place in Santiago, Chile. Likewise, we were part of the event that was held previously (Pre-COP) and the parallel panels of civil society organizations.
“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 April, the Third Conference of the Parties to the Escazú Agreement was held: a treaty on access to information, public participation and access to justice in environmental matters in Latin America and the Caribbean. The Conference of the Parties is the highest deliberative and decision-making body of this regional Agreement, and is held once every two years, with the purpose of making decisions, reviewing and promoting the application and effectiveness of the Agreement.
Particularly, the main objective of this third COP was the treatment and approval of the Action Plan on human rights defenders in environmental matters in Latin America and the Caribbean, the result of extensive prior public participation. This Plan aims to advance the implementation of Article 9 of the Agreement, which establishes the obligation of the Parties to guarantee a safe and conducive environment for the actions of defenders without threats, restrictions and in safe conditions. The Plan is structured into four axes, each with strategic actions:
- knowledge generation;
- recognition;
- strengthening of capacities and cooperation for the national implementation of the Action Plan;
- evaluation, monitoring and review.
It is important to highlight that the Escazú Agreement is the first international treaty that contemplates the protection of defenders. This incorporation is very relevant for Latin America and the Caribbean since it is considered the most dangerous region in the world for those who defend the environment. This is why advancing its protection and defense is a priority need for the region and an example for the rest of the world.
In addition, the mainstreaming of the gender issue was approved, through which measures, actions and activities will be incorporated aimed at integrating and reinforcing the gender perspective in relation to Escazú. Parties were also encouraged to continue promoting the full and effective participation of women in all their diversity, especially indigenous women. This is relevant since it forces countries to adopt measures to guarantee equity and equality.
Likewise, within the framework of the meeting, both in parallel and before and after, more than 30 events were held in which defenders, civil society organizations, indigenous communities, elected representatives of the public, and activists from across the region participated. and authorities. These events were very important for creating and strengthening ties, disseminating socio-environmental conflicts and building capacities among participants.
Although we cannot fail to notice the path that still needs to be taken to achieve environmental and climate justice, we recognize the enormous step forward that the approval of the Action Plan for defenders and the incorporation of the gender perspective implies. For these reasons, at Fundeps we continue to participate and firmly support the effective implementation of the Escazú Agreement, its dissemination and capacity building.
Authors
Manuela Fernández Grassani
Ananda María Lavayen
Contact
Laura Carrizo, lauracarrizo@fundeps.org
From September 25 to 26, in Sharm El Sheikh, Egypt, the eighth Annual Assembly of the Asian Infrastructure Investment Bank (AIIB) was held, an event that brings together its members, business representatives and civil organizations to discuss the direction strategy and initiatives of the organization. At this meeting, the AIIB announced the approval of the first loan in Argentina, intended to finance a wind farm in Tierra del Fuego.
“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 main objective of the Annual Assembly is to share the Bank’s progress and receive suggestions regarding its strategic direction and operations. It also provides information and encourages exchanges on policies and projects financed by the AIIB in terms of social and environmental impact.
The central theme of the 8th Assembly was “sustainable growth in a challenging world” and highlighted the importance of addressing the global climate agenda and supporting key infrastructure demands for AIIB member countries. The meeting program covered a variety of Thematic topics that include the latest trends and priorities of the Bank. The public sessions were grouped into three thematic streams: sustainability, connectivity and multilateral cooperation. They addressed issues related to the development and implementation of sustainable environmental infrastructure, as well as the promotion and strengthening alliances that improve infrastructure connectivity both in Asia and in other regions.
First AIIB project in Argentina
A particularly relevant event for Argentina was the announcement, during the event, of the approval of the project called “Energy transition of the province of Tierra del Fuego” for an amount of 65 million dollars. This project marks a milestone, as it represents the first financing granted to Argentina as a member of the Bank, which it officially joined in March 2021. The funds will be used for the construction of a wind farm near the city of Río Grande. . According to the AIIB, the main objective of the project is to establish the wind energy generation capacity in the province of Tierra del Fuego and it “is aligned with the objectives of the Paris Agreement and the Nationally Determined Contributions of Argentina, for which will help reduce greenhouse gas emissions and increase the adoption of renewable energy.” This initiative arises from the need to take advantage of the wind resources that the province has and the lack of interconnection in local networks for the materialization of projects of such magnitude.
However, it is important to highlight that given the scarcity of information about the project, it is essential to analyze in depth how the project will be carried out, and what the true implications could be in terms of socio-environmental impacts. For this reason, at Fundeps we are monitoring this project and have made a request for information to the AIIB about details that are not yet clear. For example, although an Environmental and Social Management Plan (PMAS) and a Stakeholder Participation Plan (PPPI) have been published on the Bank’s website, the documentation related to the Environmental Impact Assessment is not yet available. and Social, the Environmental and Social Due Diligence Report or information related to the public hearings planned for the project, among other relevant documentation.
This information is key to identifying the real impacts of the project and verifying whether access to information about the project and the participation of the local population is effectively ensured. In turn, another aspect that raises doubts is the role that the CAF (current Development Bank of Latin America) will have in relation to the project, since it has been presented as a co-financed project between both multilateral institutions.
Author
Candela Jauregui
Contact
Gonzalo Roza, gon.roza@fundeps.org
On October 3, the national government presented the National Plan for the Implementation of the Escazú Agreement. This regional treaty was approved by Argentina in 2020 and seeks to implement the rights of access to environmental information, public participation in environmental decision-making, access to Justice and the protection of human rights defenders in environmental matters.
“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 Secretary of Climate Change and Sustainable Development and Innovation of the Nation was appointed to advance towards the implementation of the Escazú Agreement in Argentina. This tour was designed in two stages: the first, aimed at carrying out a diagnosis to determine the status of compliance with the Agreement in our country, from which recommendations emerged: and the second was focused on designing the Plan. For this, a public consultation, collaborative virtual and in-person meetings, regional dialogue tables and a proposal box were carried out. In total, 533 contributions were received from citizens in the design of the Plan and the majority (65%) of the people who participated were women. At Fundeps we accompany this entire process by providing contributions in the different participatory instances.
The Plan is structured into 6 axes: access to public environmental information, public participation in environmental decision-making, access to justice in environmental matters, human rights defenders in environmental issues, capacity building, governance system for the execution and monitoring of the implementation of the Agreement. Objectives and indicators are also established, which are very important for evaluating progress in implementation. The execution of the Plan will be over a period of 3 years and will be in charge of the National Executive Branch.
The process of creating the Plan was an open, participatory and transparent process, focused on ensuring citizen participation and building the necessary consensus to address the needs of the communities and make the Agreement effective. We celebrate the presentation of this Plan, which represents a milestone towards the consolidation of the application of the Escazú Agreement in Argentina and provides concrete tools to facilitate its implementation. Now we urge the national state and the provinces to implement its implementation and citizens to demand its effective application to achieve the ultimate goal of the Escazú Agreement: compliance with the right to a healthy environment.
More Information
Author
Manuela Fernández Grassani
Contact
María Laura Carrizo, lauracarrizo@fundeps.org
Together with the Table for Water and the Environment of Alta Gracia we present an action for protection for default against the Provincial Administration of Water Resources, for not having responded to a request for public information that we made about the work of providing drinking water for the Country Club “El Potrerillo de Larreta”.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
For months, the Table for Water and the Environment of Alta Gracia (MAyA), made up of people from the community, has been trying to obtain accurate information about the aqueduct that is intended to be carried out to provide drinking water to the Country Club “El Potrerillo de “Larreta.” As has been confirmed, this aqueduct comes from the main pipe that carries water to the entire town and would be 160 millimeters, so it could supply approximately 20 thousand people but the country has only 347 lots.
Let us remember that for more than 10 years, the same country has maintained a 4-kilometer wire in the Los Paredones stream, which is the main tributary of the Chicamtoltina stream (or Alta Gracia stream), preventing community access and violating regulations that establish the right to the common use of terrestrial waters.
The concern for the construction and subsequent operation of this aqueduct lies in the fact that currently the master pipe provides water to the entire community of Alta Gracia and other towns such as Falda del Carmen and Villa del Prado, which at different times of the year suffer from serious problems. of supply. Therefore, if this connection work to the main pipe is carried out, the problem will increase in the future, causing part of the citizenry to have access to drinking water while another large portion does not. Which would imply the violation of a fundamental human right.
Now, given this situation, the Roundtable for Water and the Environment presented various requests for access to public information to the different departments that would be involved in the development of the work. The Municipality and the Alta Gracia Sanitary Works Cooperative responded to the requests made. They said that they were only aware that in 2018 they submitted a request for authorization to use public roads for the construction of a work that sought to provide water to Potrerillo De Larreta. They also stated that in 2021 authorization was requested to begin the work, giving rise to inspections carried out by the Ministry of Public Works and Planning.
They also made a request for information about this work to the Provincial Administration of Water Resources (APRHI), the department that exercises ownership of the water resources of the province. Given the lack of response, from Fundeps and the neighborhood community, we presented an injunction for late delivery of the requested information.
What is a default protection? What did the Provincial Water Resources Administration respond?
An amparo for delay is a judicial action whose sole purpose is to obtain, through the Judicial Branch, information that has not been previously provided.
Once the action was presented, the 2nd Nomination Administrative Litigation Chamber, ordered the Provincial Administration of Water Resources to provide the information that had been requested. Only on September 6, 2023 did it respond stating that, in 2014, the then Secretariat of Water Resources of the Province had granted the technical visa to carry out the construction of the aqueduct. This project plans to supply the Potrerillo de Larreta country with a supply of 1,000 liters per connection and in 2017 a technical visa was given to a purification plant.
Denial of Environmental Democracy
Given the lack of reliable information in this regard, first of all we must say that the right to access public information in a complete and truthful manner has been systematically violated. Nor did the Public Administration fulfill the duty of, if it does not have the information requested, to redirect the request to the competent body. Likewise, it is highly questionable that it was necessary to resort to justice to obtain information since this causes jurisdictional wear and tear, and consumes time and resources that limit access to the right to information.
The right to request and access public information is guaranteed in various regulations:
-The Provincial Constitution.
-Provincial Law No. 8803 on Access to Knowledge of State Acts.
-Law 10208 on Environmental Policy of the Province of Córdoba, Law No. 25,831 on the Regime of Free Access to Public Environmental Information, Law No. 25,675 General on the Environment.
-Law No. 27566 by which Argentina approves the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement).
In short, the conduct of the different organizations involved implies a serious denial of citizens’ rights that must be corrected since accessing public information allows one to know and participate in all political, governmental and administrative processes where the environment is compromised.
Author
Ananda Lavayén
Contact
Laura Carrizo, lauracarrizo@fundeps.org
*Photo taken from the Facebook account “Mesa por el Agua y el Ambiente de Alta Gracia”
During September 26, 27, 28 and 29 we were participating in different activities linked to the Second Annual Forum on Human Rights Defenders in Environmental Issues in Latin America and the Caribbean. This Forum is organized by ECLAC in its role as Secretariat of 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”.
Latin America and the Caribbean continues to be the most dangerous area in the world to carry out environmental defense. Last year, 177 environmental defenders were murdered and 88% of the homicides occurred in Latin America. That is why States must make more and better efforts to guarantee security and provide a safe environment for the development of this task.
Let us remember that the Agreement on Access to Information, Public Participation and Access to Justice – known as the Escazú Agreement – is the first regional environmental treaty in the world to contain specific provisions for the protection of defenders. Specifically, Article 9 provides that States must guarantee a safe and enabling environment in which individuals, groups and organizations that promote and defend human rights in environmental matters can act without threats, restrictions and insecurity.
In this context, together with indigenous communities and defenders from across the region, we met in Panama to provide input on the proposed draft of the Regional Action Plan on Defenders that will be presented next year at the next meeting of the Conference of the Parties (COP 3). This is a true opportunity to impact environmental issues that affect our region.
The Escazú Agreement is the first treaty in the world that has open and horizontal dialogue spaces. These participatory processes are a true tool for the collective construction of public policies.
The main demand from the communities is the urgent ratification of the Agreement by all the states in the region. On the other hand, the violence that groups and people who protect the environment continually experience were exposed, even more so in the context of climate change. In this sense, it is essential to pay special attention to situations of human rights violations in the context of extractive processes linked to the energy transition.
On the other hand, the main request was for the transversal incorporation of a gender and intercultural perspective into the Plan, giving specific recognition to indigenous communities, who have historically been guardians of our common goods.
We hope that more states in the region will ratify the Agreement in the short term and that the claims that were reiterated by the communities will be considered and included in the Plan.
More Information
Resource on Escazú Agreement | Fundeps
Contact
María Laura Carrizo, lauracarrizo@fundeps.org
On May 23, we were at the presentation of the 5th National Open Government Plan, a public policy instrument co-created with civil society and citizens that contains 7 open government commitments to be implemented by different agencies of the national state. We shared the panel with Delfina Pérez from the National Directorate of Open Government, Andrés Bertona from the Anti-Corruption Office and Florencia Caffarone from Democracia en Red.
“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 current Plan was co-created in 2022, from the National Open Government Table, in dialogue with the Network of Civil Society Organizations for the Open State and the rest of the citizens who participated in this process. From Fundeps we are part of the National Open Government Board (2020 – 2022) and from that space we contributed to the co-creation of the 5th Plan, articulating between the National Open Government Directorate and different organizations that were involved in it.
This Action Plan is part of the obligations assumed by Argentina before the Alliance for Open Government, which it joined in 2012. Since then, and every two years, the country co-creates and implements different policies and concrete commitments in this scope.
How was the process of co-creation of the 5th Open Government Plan?
For the first time, and in order to guarantee equal participation among all people located in different parts of the country, this Plan was co-created in its entirety virtually, through meeting platforms, the website argentina.gob.ar and its Public Consultation portal. In turn, within the National Open Government Roundtable, and following the recommendations of the Participation and Co-Creation Standards (2022) of the Open Government Alliance, it was agreed to design a Plan with a maximum of 10 commitments.
For this, a prioritization of topics was carried out in consultation with the Network of CSOs for the Open State. The selected topics were: Environment and implementation of the Escazú Agreement; Public work; Gender and Care Policies; Mental health; Open State and Federalization; Water and Sanitation in the AMBA; Information about health providers; Food and implementation of the Law for the Promotion of Healthy Eating (known as the Frontal Labeling Law). Not all, however, concluded in commitments of the Plan, for various reasons. Especially, and in terms of the implementation of the Law for the Promotion of Healthy Eating, from Fundeps we will continue contributing to the construction of proposals that contribute to the application of said law.
After this, the public instances for the design of the 5th Plan began in August 2022, with a series of Challenge Identification Workshops, for each of the pre-selected topics. Their objective was to jointly identify the challenges that the 5th Plan could respond to. Then, in October, the public instance for the reception of proposals was opened, with the slogan that open government policy solutions be suggested, which can respond to those challenges posed. With these inputs, each government area involved drew up its preliminary commitment drafting, which was submitted to public consultation for comments. At the same time, a dialogue instance was developed for each topic – commitment and finally the final writing was carried out.
What does the 5th Open Government Plan consist of?
The current Plan consists of 7 commitments assumed by different departments of the national government.
Compromiso | Dependencia a cargo |
1. Participación pública en la toma de decisiones ambientales en el marco de la implementación del Acuerdo de Escazú en Argentina | Secretaría de Cambio Climático, Desarrollo Sostenible e Innovación – Ministerio de Ambiente y Desarrollo Sostenible de la Nación |
2. Participación y control ciudadano en la obra pública | Dirección Nacional de Transparencia – Ministerio de Obras Públicas de la Nación |
3. Mujeres en el sistema productivo federal: más evidencia, menos brecha | Dirección Nacional de Seguimiento y Evaluación de la Gestión, Secretaría de Industria y Desarrollo Productivo – Ministerio de Economía |
4. Salud Mental: desinstitucionalización e inclusión social de personas con padecimiento mental | Dirección Nacional de Abordaje Integral de la Salud Mental y los Consumos Problemáticos –
Ministerio de Salud de la Nación |
5. Acceso a la información y políticas de cuidados | Dirección de Mapeo Federal de Cuidado – Ministerio de las Mujeres, Géneros y Diversidad de la Nación |
6. El acceso a la información y los prestadores de servicios de salud | Dirección Nacional de Calidad en Servicios de Salud y Regulación Sanitaria – Ministerio de Salud de la Nación |
7. Programa Federal de Estado Abierto | Dirección Nacional de Gobierno Abierto – Jefatura de Gabinete de Ministros
Dirección de Asuntos Municipales – Ministerio del Interior |
Here you can access the details of each of them, from page 37 onwards.
What can citizens and civil society organizations do with the 5th Plan?
Once the Open Government Plan has been designed, the objective is to implement it, in this case, during 2023 and 2024. To this end, any interested person or civil society organization can get involved, either by following up on each stage of its implementation or by participating more actively, when the commitments allow it, in some phases of its fulfillment. In this sense, at least one instance of open dialogue with civil society and citizens interested in the issues addressed was foreseen for each commitment, and the platform Metas de seguimiento del Plan was developed. This seeks to facilitate and energize this implementation instance, which, according to previous experience, is always the most difficult when it comes to articulating and sustaining incentives.
As an organization committed to open government policies and several of the issues addressed in this Plan, we will closely follow and accompany each instance of progress and will be alert to signs of stagnation or setbacks.
It seems to us a great shared achievement, among different organizations that were part of the National Open Government Roundtable, such as the Network of Civil Society Organizations for the Open State, activists and open government policy reformers, that Argentina continues to challenge itself with each new Open Government National Action Plan.
More information
Read about the 5th National Open Government Plan of Action here
Watch the presentation of the 5th Open Government National Plan of Action here
Contact
María Victoria Sibilla, ninasibilla@fundeps.org