Corruption is a complex, multifaceted, social, political and economic phenomenon that affects all countries, with serious consequences. According to the World Bank “… corruption is commonly defined as the abuse of a public or private office for personal gain …”
Tag Archive for: Democracy
On May 21, the third meeting of the Federal Council for Transparency in the city of Salta was held. For the first time, a space was opened for the participation 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”.
The third meeting of the Federal Council for Transparency in the city of Salta was held. On May 21, representatives of the provincial governments attended the first session of 2019 of the body created by the national law on access to public information. In 2018, in Buenos Aires, the first two meetings were held and it was decided that for this year the host provinces should be changing. For the second half of the year it is expected that Tierra del Fuego will host the officials.
What is the Federal Council for Transparency? Article 29 of Law 27275 on access to public information establishes that it is an interjurisdictional body of a permanent nature, whose purpose will be technical cooperation and the conclusion of policies on transparency and access to public information.
After the law came into effect at the end of 2017, in the year 2018 the Council began to operate. As the text of the regulation makes explicit, it is an organization in which representatives of all the provinces participate, in order to coordinate policies of transparency and access to information. They meet twice a year, and for the first time, space was opened for civil society organizations to participate. The opening of this instance was thanks to the presentation of a letter, made by the Network of Organizations Against Corruption (of which Fundeps is a founding member) at the end of 2018.
During this third session, Fundeps, Poder Ciudadano and Salta Transparente, we were present on behalf of the ROCC to raise our concerns and perspectives on the situation of the right of access to information at the provincial level. We specifically proposed the creation of a national plan of action for the standardization of transparency principles throughout the national territory. In this regard, the possibility was raised of taking as a starting point, the national law of AIP. Likewise, we mentioned the need for the Council to function as a space that embraces the cause of public ethics, and be able to establish specific guidelines on this subject and access to information (especially, as far as affidavits are concerned).
The session in Salta also aimed to review the mandate and status of the Council. According to Eduardo Bertoni (president of the Council and head of the Access to Public Information Agency), the review would include the incorporation of a space for CSOs permanently in meetings. Also, he assured that the standardization of transparency principles throughout the country is the raison d’être of this organization.
The meeting also had the presence of the World Bank, an institution that has been in charge of gathering data about the status of the regulations on access to public information in the provinces. The advances and results were presented and will be available in the coming days. This study was only of legislative analysis, without deepening the questions of implementation of laws in each province. In general terms, what is thrown by the evaluation accounts for a very different picture of what access to information refers to. While there are provinces with advanced regulations in this matter, others (among which Córdoba could be included), have laws that date back many years and that restrict more than guarantee the right to dispose of the data and information in the hands of the State.
As members of civil society, we applaud the initiative and appreciate the space granted. We hope that for the next meetings, a greater number of representatives of the provinces will attend. Unfortunately, this meeting only had the presence of 7 provinces and particularly, Córdoba was not present. It is fundamental that, in order to achieve a true synergy between the State and the citizenship, each provincial representative should be present in this space. Otherwise, it is not possible to advance in the guarantee of the right of access to information in a comprehensive and complete manner in Argentina.
More information:
Law of Access to Public Information
Website of the Access to Public Information Agency
Minutes of the meetings of the Federal Council for Transparency.
Contact
Agustina Palencia – agustinapalencia@fundeps.org
After fourteen years of apathy, at the end of April, the process of appointing the highest authority of the Defensoría de Niños y Adolescentes ended. The Permanent Bicameral Commission “Defender of the Rights of Children and Adolescents” of the Chamber of Deputies agreed to appoint Marisa Graham as head of the body, thus paying off a historical debt to children. In addition, the commission nominated Facundo Hernández and Fabián Marcelo Repetto to fill the positions as deputy. These proposals have yet to be ratified by both Houses of this Congress.
“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 Law on the Comprehensive Protection of the Rights of the Child, enacted in 2005, provided for the appointment of a child defender with specific powers, including initiating collective actions in defense of this historically violated group and supervising to the public institutions that house them. During the years in which the position was vacant, the organizations complained to international human rights organizations about the appointment of a holder.
After more than a decade, in 2019 a decision was reached that was decided after a transparent process of thorough evaluation of the capacities of the candidates. This process had shortcomings on the road and was delayed more than it should. That is why it is urgent that the selection of Graham lawyer is final, so that the agency begins to operate immediately as stipulated by law.
Having a head of the Ombudsman is essential to ensure full compliance with the rights of the child. The signing of the agreement reached by the bicameral commission is fundamental to avoid further deepening the violations of rights that children and adolescents face every day in our country.
Once again, it is important to emphasize that the result of the process, almost unprecedented in Argentina, was based on the principles of transparency and suitability. The selection of Marisa Graham and the Deputy Advocates respected the demands of civil society and now, it is necessary that their position be fixed.
That is why, together with the organizations of Lawyers and Lawyers of the Argentine Northwest for Human Rights and Social Studies (ANDHES), Nuestra Mendoza and Foundation for the Study and Research of Women (FEIM), we present a note to the National Congress requesting the treatment and ratification of the elected authorities of the Ombudsman’s Office in the next session of each Chamber, so that the Act of Comprehensive Protection of Children is effective and immediate.
Contact
Agustina Palencia, agustinapalencia@fundeps.org
On April 17, the Superior Court of Justice ruled in favor of a cassation appeal filed by Fundeps and Fundación Ciudadanos 365, through which they questioned the Chamber’s decision to reject the amparos for delay in accessing information. and for containing a limited conception of 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”.
The case
In 2010, the Administrative Appeals Chamber of the Second Nomination of Córdoba rejected nine appeals lodged by the organizations because of the failure to provide public information by various departments of the provincial Executive Power.
On that occasion, the foundations had submitted several requests for public information to the Executive Power of the province and the municipalities of Córdoba and Carlos Paz on finances and public procurement (contracting, bidding and funds of small boxes of the provincial Ministries). None of the requests was answered with the information requested nor were the legal deadlines met, so judicial safeguards were carried out due to default of the Administration in the terms of art. 8 Provincial Law 8803 on Right to Access to Knowledge of State Acts.
Said injunctions were rejected by the Chamber, with fundamentals that do not arise from the text or the spirit of Law 8803, and that even incur in the grounds for a ruling that contradicts previous decisions of the same Chamber. These foundations restricted the Right of Access to Public Information widely recognized by the Provincial, National Constitution and by the Inter-American System for the Protection of Human Rights.
On the one hand, the ruling contained a totally restrictive interpretation of the concept of “public information”, limiting it to that information linked to a specific administrative act that has already been dictated. In addition, it established that citizens could only control the management of public funds through the Legislature and the Court of Auditors, thus cutting off the space for active participation of citizens through a restricted conception of democracy. On the other hand, it omitted to carry out an analysis of the content of the information provided by the State, to verify whether it is “truthful, complete, adequate and timely” with respect to the information requested. Finally, it imposed the costs of the process on the information requester, making the judicial recourse used to access public information expensive.
To challenge this ruling, Fundeps and Fundación Ciudadanos 365 filed an appeal for cassation.
The judgment of the Superior Court of Justice
To begin with, the Superior Court recognizes the active legitimacy of the amparista organizations, adopting a broad notion of the right to information contemplated in local legislation (Law 8803) and in accordance with the provisions of the international treaties on human rights with constitutional hierarchy (cf. Arts 19, Universal Declaration of Human Rights, 13.1, American Convention on Human Rights; 19.1, International Covenant on Civil and Political Rights, III, Inter-American Convention against Corruption and 13.1, Convention on the Rights of the Child). In short, it states that “the human right of access to public information must be analyzed from a broad and holistic point of view” and that “this right belongs to every person without having to show any interest or special legal status, receiving a broad legitimacy which includes both the action in administrative headquarters and in court. ” (Considering No. 14)
On the other hand, the judgment establishes that the individualization of an administrative act linked to the requested information is not necessary, since it does not arise as a requirement neither from the letter nor from the spirit of Law 8803. According to the Inter-American Court, a budget The basic principle of a democratic society is that all information held by the State is presumed to be public, accessible and subject to a limited regime of exceptions. (Considering No. 15)
Regarding the existence of legal limits to access information, the Court understands that “the causes that the Administration can evoke to refuse to provide information are truly exceptional and exhaustive, so that only those expressly provided by the Legislator can be admitted.” Therefore, if there is no exception exception explicitly stipulated in the legislation, “the principle according to which all information held by the State is presumed to be public, in order to guarantee access to data, control, is operative. citizenship and democratic participation.”(Considering No. 16)
Next, the judgment establishes that the lack of clarification of the presentation formulated at the time of requesting the information does not justify the refusal of the administration not to provide the information it has. Even when part of that required information finds limitations tending to avoid that sensitive information is provided about private and public persons in the power of the State, that is, limitations established to protect the confidentiality of the protected data and prevent the aggravation of third parties through access indiscriminate to the specific bases. Even in those cases, the Administration must inform about all the points that are not closed, that is, it must provide the information required in a partial manner (Considering No. 17).
We regret that this process has been extended for 9 years and that only now is guaranteed access to public information that we requested almost a decade ago. This situation draws attention to the standards and the way in which Law 8803 on the Right to Access to Knowledge is implemented to State acts. The Supreme Court uses standards both from the National Law on Access to Public Information and recommendations from human rights committees, which favors access to information. However, there are important aspects of provincial law that could be strengthened as well as public administration practices that should facilitate access to public information.
We celebrate that we have been guaranteed the right to access public information and the recognition by the Court that the State has a positive obligation to give the information that it has in its possession to its citizens. We understand that only through access to public information is it possible to exercise true citizen control of public administration and in the key of transparency.
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
On October 30, the Inter-American Commission on Human Rights (IACHR) published a communiqué inviting civil society organizations and other interested social actors of the Organization of American States (OAS) to send information on the situation. of human rights in the region. This information will be used for the preparation of chapter IV A of the annual report of the IACHR corresponding to the year 2018 that will be presented to the General Assembly of the OAS.
“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”.
“Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean” was approved in Escazú, Costa Rica, on March 4, 2018, officially opens to the signature of the 33 countries of Latin America and the Caribbean. It requires that 11 countries sign and ratify it to enter into force.
“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 the day of the date, the Escazú Agreement is opened for signature at the 73rd General Assembly of the United Nations, in New York. The agreement adopted by 24 countries of the region on March 4, will be open for signature by the 33 countries of Latin America and the Caribbean (LAC) until September 26, 2020 and will need the ratification of 11 countries to enter into force.
The treaty seeks to guarantee the full and effective application of Principle 10, embodied in the Rio Declaration on Environment and Development of 1992, in Latin America and the Caribbean. For its part, Principle 10 seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters, in order to guarantee the right to a healthy and sustainable environment of present generations and future.
The importance of the Escazú Agreement is that it is the first of its kind in the world that includes specific binding provisions for the protection of individuals, groups and organizations that promote and defend human rights in environmental matters. Likewise, it is the only binding treaty issued by the UN Conference on Sustainable Development (Rio + 20).
In particular, for Argentina, which is characterized by having the highest deforestation rates in the world, as well as the lack of access to environmental information and the lack of participatory public policies, the entry into force of this binding regional agreement will allow the strengthening of access rights in environmental matters.
In the same sense, it will allow preventing the environmental costs of the decisions that have to do with the economic development and to improve the management of the multiple socio-environmental conflicts existing in the territory.
For these reasons, we present a letter to the former Ministry of Environment and Sustainable Development and another to the Ministry of Foreign Affairs and Worship, urging the signature and adhesion of the Argentine government to the Escazú Agreement.
Also, through a press release, UN human rights experts urge the States in Latin America and the Caribbean to sign and ratify, as soon as possible, a pioneering environmental treaty for the region.
The experts added that States should adopt, in their strategies to achieve the UN Sustainable Development Goals, an approach that encompasses society as a whole. They also noted that an essential aspect of States’ international human rights obligations is to ensure the protection, respect and support of individuals who raise concerns about the negative impact on human rights, including in the context of the development of human rights. projects that involve companies
“By signing and promptly ratifying this innovative treaty, the Latin American and Caribbean States will reinforce their firm commitment to environmental protection and human rights, and above all, they will send an unequivocal message in favor of multilateralism, solidarity, equality and regional integration, while promoting collaboration with other regions, “they said.
We believe that the entry into force of the regional agreement will be a fundamental step towards achieving a true environmental democracy. Therefore, we urge Argentina and other countries of Latin America and the Caribbean to sign and ratify, as soon as possible, this historic treaty for the region.
More information
Contact
María Pérez Alsina – mariaperezalsina@fundeps.org
Agustina Palencia – agustinapalencia@fundeps.org
Through a letter addressed to the former Ministry of Environment and Sustainable Development and another to the Ministry of Foreign Affairs and Worship, we request the signature and adhesion of the Argentine government to the Escazú Agreement. The agreement will be open for signature from September 27, 2018 and needs 11 countries in the region to sign and ratify to enter into force.
“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 “Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean,” adopted in Escazú, Costa Rica, on March 4, 2018 , by 24 countries in Latin America and the Caribbean, including Argentina. After a negotiation process that formally began in 2012 at the Rio +20 Conference with the Declaration on the Application of Principle 10 of the Rio Declaration on Environment and Development in Latin America and the Caribbean, it was adopted an agreement that seeks to guarantee the effective implementation of access rights: access to information, public participation and access to justice in environmental matters. It will be open for signature by the 33 countries of Latin America and the Caribbean at the United Nations headquarters in New York, from September 27, 2018 to September 26, 2020, and will be subject to subsequent ratification, acceptance or approval of the States that have signed it. At least 11 countries must sign and ratify it so that it can enter into force. In order to achieve the entry into force of the Escazú Agreement, we presented a letter addressed to the former Minister of Environment and Sustainable Development, Rabbi Sergio Bergman, and another letter to the Minister of Foreign Affairs and Worship, Jorge Marcelo Faurie, requesting the signature and adhesion of the Argentine government to the regional agreement. At the same time, we urge you to support the efforts of the governments and civil society organizations of Latin America and the Caribbean to invite the other governments of the region to sign this important treaty. In the letter addressed to the national authorities we highlighted the importance of the regional agreement since it is the first treaty on environmental issues in Latin America and the Caribbean, as well as the first in the world to guarantee the protection and safety of people, groups and organizations defending human rights in environmental matters. We hope that Argentina, as well as the other countries of the region, will sign and ratify the regional agreement on Principle 10. In this way we will have an international instrument to reaffirm the right of all people to a healthy environment and sustainable development, the fight against inequality and discrimination, as well as ensuring the participation of citizens in decisions that affect their lives and environment.
More Information:
Writer: Ananda Lavayen
Coctact:
María Pérez Alsina: mariaperezalsina@fundeps.org
On April 6, the award ‘Jerónimo de la Gente’ was presented in the city of Córdoba and it was the Civil Association ‘Las Omas’, who won the first place after the vote. The recognition seeks to distinguish a citizen, citizen, or grouping of citizenship; whose work in Córdoba seeks in some way to address social problems.
“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”.
Las Omas, an organization established in the Chacras de la Merced neighborhood, since 2011 has been dedicated to the assistance of neighbors living in poverty and violence. At the same time, its president, Alida Weht, has been the one who has taken the bastion of the fight against pollution caused by the malfunction of the Sewage Treatment Plant of Córdoba.
The prize that Las Omas received is a distinction for their tireless work to improve the situation of women in the neighborhood, but little has been mentioned in the media about their immense work, to improve and protect the environment that surrounds them. Mayor Mestre has recognized Las Omas on the one hand, but on the other, he has not done anything to help them end the problems derived from pollution.
A few weeks ago, it became known that the Municipality of Córdoba admitted that the plant is not in perfect condition and that it is operating at 60%. Likewise, Daniel Bardagi, Director of Sanitary and Gas Networks, promised that in the next few days the plant would be fully operational.
This position of the Municipality collides directly with what is expressed by the employees who are working in the WWTP, and who have declared that the plant under no circumstances is able to operate at 100%. In addition, they have declared that the liquid that enters the station is not treated in any way and the conditions in which it enters are the same that it has when it is dumped into the Suquía River.
These comings and goings between the Municipality and employees of the plant, are not new and do nothing but dilate a situation that has long been unsustainable. The lack of responsibility of the municipal government and the desire to hide a reality that is visible so many years ago, has become a community of people who today are in a situation of extreme vulnerability.
Similarly, the problem of pollution is not only limited to the area of the city of Córdoba. It has been verified that the unloadings in crude have arrived at least and safely to Capilla de los Remedios. Moreover, the samples taken and evaluated by the National University of Córdoba (UNC) show that the bacteria and coliforms present in the water 36 km from Bajo Grande, are in practically the same amounts and concentration as when they leave plant. Also, there may be evidence that contamination has reached the mouth of the Primero River in the Laguna de Mar Chiquita.
Derived from this contamination, neighbors of Chacras must face every day a myriad of problems, most of which are related to health (skin, respiratory and gastrointestinal diseases). Similarly, the environment vitiated by the smell of cloacal water overturned raw, makes life more difficult in that place.
From the Municipality of Córdoba has been announced that in the coming days and weeks will be bidding three refurbishment works in the plant for almost 300 million pesos. These spare parts correspond to the failure of the mitigation plans assumed each year by the successive municipal administrations. According to Federico Kopta, of the Córdoba Environmental Forum, these spare parts and the expansion of the plant that is in progress will not be able to reverse or mitigate the current contamination situation, as long as the necessary controls on the sewage network are not carried out.
After years of claims, we have again asked the authorities to recognize the problem and take action on the matter. The situation of vulnerability that lives in the community located next to the purification station is, today, unsustainable and degrading. The Jerónimo de la Gente award, has managed to recognize the tireless work of Las Omas, but has not been able to cover a problem that they must face each and every one of their days. After this award, there should be a commitment of officials to families in that area and the environment of all inhabitants of the province of Cordoba.
Sources
- From Rio to Cloaca
- Pollution from sewers reaches Mar Chiquita
- Jerónimo de la Gente: Mestre announced the winner
- A woman who knows that she can do everything
- The Municipality Recognizes that Bajo Grande works poorly
- The Highlighter: The Low Big Plant wrapped in controversies
- Bajo Grande: Bajo Grande: $ 330 million for its total refunctionalization
Contact
María Pérez Alsina – mariaperezalsina@fundeps.org
Agustina Palencia – agustinapalencia@fundeps.org
Neighbors and neighbors of Capilla de los Remedios join the claims for contamination of the Suquía River due to the poor functioning of the Sewage Treatment Plant (WWTP). The campaign #QueremosRespirar reflects the desperate request of the inhabitants who seek that this situation be reversed immediately.
The reclamation of the neighborhood grouping, adds to the historical protest that the families of the district Chacras de la Merced have taken ahead to stop the indiscriminate contamination of the river.
On Monday, April 9, the inhabitants of Capilla de los Remedios will demonstrate in front of the Municipality of the City of Córdoba, to demand from the mayor the urgent taking of measures. Pedro Frank, a neighbor and one of the leaders of the campaign, spoke about the unsustainable nature of living around the river. Sickening odors, gastrointestinal and respiratory problems; are some of the consequences that could be attributed to pollution (an image very similar to what the neighbors describe in the Chacras de la Merced neighborhood). Pedro, said that they have been receptive to meet both the Municipal Government and the Provincial. From both sides have responded that contamination is impossible to relate directly to the plant, since it works in perfect conditions. However, during 2017, employees of EDAR were blunt when they said that the plant is under-supplied, defective and that it works less than 20%. They also mentioned that the liquid is not treated and that during the 24 hours a day it is dumped in the river.
As a result of this, the position of the government authorities, who seem not to want to see what is in front of their eyes and the eyes of all citizens, becomes incomprehensible.
This situation, which dates back to the late 1980s and to which FUNDEPS has referred on numerous occasions, seems to have no end. The escalation of pollution caused by a plant in defective conditions, has had a direct impact on the main river of the Province and has its outlet in the Laguna de Mar Chiquita. On the banks of this river settle numerous localities that today begin to see the effects of years and years of state negligence. Also, it is of special relevance to highlight the main role and responsibility of the Provincial and Municipal governments to mitigate and / or definitively remedy this situation.
What happens is public knowledge, and government authorities have not reacted in a timely manner to avoid what is happening now. At the legal level, numerous cases have been initiated and have sentences in favor of the residents of Chacras de la Merced, forcing the State to reverse the damage. After numerous requests for execution of sentence, the inaction of the Municipality is evident in the environmental risk of these days. Similarly, since 2014 the environmental and sanitary emergency has been consistently declared in the Bajo Grande WWTP and in the area located downstream, including the Chacras neighborhood, and there have been no concrete measures demonstrating the government’s willingness to assist those they are affected From FUNDEPS, we recently requested information to know the status of the latest decree declaring the health emergency. According to the testimonies of the neighbors of Chacras de la Merced, little and nothing has been done to address the situation.
Both the neighbors of Chacras de la Merced and of Capilla de los Remedios are in a situation of complete violation of their rights. We renew again the claim for a definitive solution to the pollution of the Suquía River and especially for the guarantee of the rights of those who have been affected. #We want to Breathe.
More information:
They will protest in front of the Municipality of Córdoba for the contamination of the Suquía
Chapel of the Remedies: neighbors denounce pollution
In Capilla de los Remedios, the river is as polluted as a sewer
Information requests for the Mitigation Plan of the Bajo Grande plant
Author:
Agustina Palencia
Contact:
María Pérez Alsina – mariaperezalsina@fundeps.org
Agustina Palencia – agustinapalencia@fundeps.org
On March 4, representatives of 24 countries of Latin America and the Caribbean meeting in San Jose, Costa Rica, adopted the first binding regional agreement to protect the rights of access to information, public participation and access to justice in environmental issues The agreement adopted the character of binding, becoming an unprecedented legal instrument for the region. It was approved without reservation of the States and will require 11 ratifications for its entry into force.
“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”.
At the end of the Ninth Meeting of the Negotiating Committee of the Regional Agreement on Principle 10, government delegates, together with representatives of the public and experts from international organizations, agreed on the final text of the agreement. This text was negotiated since 2014, and it also enshrined the protection of human rights defenders in environmental matters.
A little history…
In June 2012, in the framework of the United Nations Conference on Sustainable Development, Rio + 20, ten countries signed the Declaration on the application of Principle 10 of the Rio Declaration on Environment and Development in Latin America and the Caribbean (the Declaration). This, recognized that the rights of access to information, participation and justice in environmental matters are essential for the promotion of sustainable development, democracy and a healthy environment. In addition, the Declaration committed signatories to explore the viability of a regional instrument to ensure the full implementation of access rights.
After two years of work, in November 2014 the signatory countries decided to start negotiating a Regional Agreement. A Negotiation Committee was created, which was formed by the signatory countries.
What is principle 10?
Principle 10 of the Rio Declaration seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters. This, in order to guarantee the right to a healthy and sustainable environment for present and future generations. The Declaration of Principle 10 is a major step forward in the region for stronger environmental governance.
Negotiations for the Agreement
The purpose of the negotiations for the Agreement was to deepen Latin American democracies, social cohesion, generate confidence in the decisions adopted, eliminate asymmetries and prevent socio-environmental conflicts. The aspiration of this treaty was to achieve a redefinition in the traditional relations of the State, the market and societies. It also sought to contribute to the implementation of the 2030 Agenda for Sustainable Development.
In 2015, with the first meeting of the Negotiating Committee for the Agreement, and after eight subsequent meetings; the representatives of the nations of Latin America managed to conclude the definitive text of the treaty that will adopt a binding character. The process of hard government work and civil society organizations, resulted in an instrument that improves the standards of access to information, participation and access to justice in environmental matters. The fact that it is binding speaks of a new level of commitment assumed by the governments of the region and guarantees the protection of environmental defenders.
Along the way to reach the Regional Agreement, civil society played a very important role in terms of recommendations for the final text. It was before the eighth meeting (held at the end of 2017), when the civil society organizations expressed their concern about the progress of the negotiations and demanded from the governments a greater commitment to effectively guarantee the rights under discussion. The security situation for environmental defenders became a turning point to demand that the agreement be transformed into a legally binding instrument capable of reversing this situation.
The ninth and last meeting…
As mentioned, the Ninth Meeting for the Negotiation of the Regional Agreement was the last and resulted in the adoption of a final text and in the realization of a binding instrument. In that sense, it became a tool at the regional level that will serve for the protection of environmental defenders and their rights. This is extremely important since one of the main causes of socio-environmental conflicts in Latin America and the Caribbean is the lack of environmental information. Likewise, one of the main consequences of these conflicts is violence, persecution and assassination of environmental defenders. This Agreement then comes to fulfill the first mandate of the negotiations: “Prevent socio-environmental conflicts”.
Other important elements to be included in the Agreement were highlighted before this meeting. One of them was to strengthen the definitions that were still pending such as rights of access, authority and fundamentally that of environmental defenders. Another necessary issue was to define what includes access to environmental information (included in article 2, Inc. c). It is important that the instrument include a broad definition with a list of elements that constitute this type of information (enshrined in Article 6 of the final text). Similarly, with the definition of people and / or groups in vulnerable situations (enshrined in Article 2, Inc. e of the final text). Finally, another relevant point was to include the participation of the public in the structure of what the implementation of the Agreement will be like the Conference of the Parties and the Facilitation and Follow-up Committee. This last element was reflected in article 15, urging the Conference of Parties to define the modalities of public participation (however, public participation is not included as the structure of the Conference). The text of the treaty states that the Agreement will be open for signature by all the countries of Latin America and the Caribbean at the United Nations Headquarters in New York from September 27, 2018 to September 26, 2020. Likewise, It will be subject to ratification, acceptance or approval by the States that have signed it. The ratification of 11 nations will be needed for its entry into force.
The result of the negotiations will allow countries to commit themselves to implement this agreement in their respective territories in a concrete manner. With an agreement without the binding nature that obliges States to implement this Agreement, the rights of access to information, participation and justice would not be assured with certainty.
We celebrate the evolution of this process, highlighting the importance of this agreement to achieve better and more solid democracies. Likewise, we consider that a large part of the environmental problems of the region (related to extractive industries and large infrastructure projects) may find a solution after the implementation of this Regional Agreement.
Más información
- Ninth Meeting for the Regional Agreement
- Final text of the treaty
- FUNDEPSparticipates in the first meeting of the Negotiating Committee of the Regional Agreement on Principle 10
- The 3rd Meeting of the Negotiating Committee of the Regional Agreement on Principle 10 was held
- We support the declaration of Principle 10 and the objectives of sustainable development
- Towards a regional agreement on environmental human rights
- ECLAC Report: Access to information, participation and justice in environmental matters in Latin America and the Caribbean
Authors
Agustina Palencia
Contact
María Pérez Alsina – mariaperezalsina@fundeps.org
Agustina Palencia – agustinapalencia@fundeps.org
“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”
Poder Ciudadano, el Centro de Investigación y Prevención de la Criminalidad Económica (CIPCE), la Asociación Civil por la Igualdad y la Justicia (ACIJ), Fundación Nuestra Mendoza, Centro Latinoamericano de Derechos Humanos (CLADH), Acción Ciudadana Areco, Fundación para el Desarrollo de Políticas Sustentables (FUNDEPS), Fundación Transparencia Ciudadana y, la fundación Salta Transparente; We make up the Network of Anti-Corruption Organizations, with the aim of generating a concrete impact on public policies linked to the prevention and mitigation of corruption in all corners of the country.
Argentina is going through a crisis of systemic and structural corruption, which will continue to worsen as long as public policies and deep institutional reforms are not carried out, aimed at preventing and diminishing this scourge. In view of this situation, civil society organizations in general, and those working in the strengthening of democracy and the fight against corruption in particular, face great difficulties to achieve an effective impact on this issue; This is why it is necessary to propose a new strategy of systemic approach to generate substantial reforms.
The R.O.C.C. It was conceived as a dynamic space that will allow all its members to generate greater incidence in public policies, promote citizen participation and access to public information as essential tools in the fight against corruption, and even take concrete judicial actions jointly .
Among the objectives is the generation of discussion spaces on different problems related to the phenomenon of corruption and intervention mechanisms; the joint work in advocacy for the implementation of public policies whose purpose is to generate integrity systems at all levels of the State; and advise other social organizations on the implementation of anti-corruption tools and social control of public management.
Contact
Agustina Palencia <agustinapalencia@fundeps.org>
We were present at the Open Government Alliance Summit (OGP Summit), which took place in Paris from 7 to 9 December. Next, more information on what is OGP and what was the 4th meeting of this alliance.
“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.”
What is OGP?
It is an initiative made up of more than 70 countries to promote open government policies. This implies that governments are accountable, more open, and better responsive to citizens. To be a party, States must adhere to the Open Government Statement, submit an approved action plan with a public consultation process and commit to periodic reporting. This initiative is also a space of articulation between civil society and governments, both locally and nationally.
What was the summit?
After the inaugural ceremony on December 7, 2016, panels and workshops related to a wide variety of issues related to open government were held during the next two days. These could vary between topics such as open data, citizen participation, use of communication and information technologies (ICTs), transparency in public tenders, among others. The different activities were also traversed by agendas such as climate change or gender.
More than 4000 people participated, including heads of state, thousands of representatives of civil society and people from the field of ICT. This culminated with the Paris Declaration. In addition to being a learning space on everything related to open government, the summit was an opportunity to create synergies among the different actors of civil society, as well as to create instances of collaboration with governments. In pursuit of a more democratic society, the Alliance provides opportunities to develop and promote open government reforms.
Subnational governments are also a part of
In the process of promoting open governments, cities and federal entities are also included. In relation to this, we were participating in the Regional Meeting of Subnational Entities by the Open Government and the Federal Open Government Meeting was held in Cordoba on December 15 and 16. In this last instance, efforts were made to make proposals for commitments at the national and provincial levels, so that Argentina should present its third action plan in 2017 and expect provincial commitments.
More information
- Official Open Government Partnership Website
- Tools and cases of open government
- Audiovisual recording of sessions
Contact
Agustina Palencia – agustinapalencia@fundeps.org
Carolina Tamagnini – carotamagnini@fundeps.org