Tag Archive for: Democracy

Civil society organizations write a letter to legislators asking them to focus on the immediate treatment and rejection of the decree “Bases for the Reconstruction of the Argentine Economy.”

In accordance with what is established by the National Constitution, the Executive Branch is prohibited from issuing legislative provisions. However, our fundamental rule allows that exceptionally, and in accordance with certain requirements, the tool of decrees of necessity and urgency (DNU) be used.

These types of decrees are admissible only when there are exceptional circumstances that make it impossible to follow the ordinary procedures provided for the sanction of the laws. That is, the DNUs proceed when the situation is of such urgency that it must be resolved immediately, within a period incompatible with that required by the normal parliamentary procedure.

It is evident that the foundations of Decree 70/2023 do not meet the requirements for the issuance of a standard of this nature. There are no sufficient arguments to explain the circumstances of force majeure that prevent the chambers of Congress from meeting, nor is it proven that the solution required is incompatible with the legislative debate. In fact, before the decree came into force, the Executive Branch called extraordinary sessions, and today Congress is in session. Furthermore, the causal relationship between the identified problems and the measures available is not explained.

Far from understanding the nature of the tool, DNU 70/2023 carries out a massive and systemic legislative reform. Given its magnitude and significance, the regulatory changes included in it can only be discussed by Congress, which is where all political forces are represented, including minority ones. Additionally, it is the legislative debate that provides opportunities for citizen participation, essential for strengthening the democratic system. In this sense, it must be remembered that, as our Supreme Court of Justice pointed out, “the National Constitution does not allow a discretionary choice between the sanction of a law or the more rapid imposition of certain material contents by means of a decree”.

On the other hand, it is essential to highlight that Decree 70/2023 is already in force, projecting itself on substantive aspects of our community life, addressing issues related to health, housing, labor relations, contracts, economy and finance, among others. These modifications affect the individual and collective rights of millions of people, many of whom are already before the courts demanding their suspension and inapplicability for themselves or for the groups they represent.

It is precisely to avoid excesses in the use of the power to issue decrees of necessity and urgency that our Constitution designed a subsequent legislative control process through which its validity or invalidity is determined taking into account the adequacy of these to the established formal and substantial requirements. constitutionally for its dictation.

Having expired the deadlines established in Law 26,122 for the opinion of the Permanent Bicameral Commission, Congress has the duty to rule on the decree. For this reason, we ask the legislators of both chambers of the National Congress to dedicate themselves to its express and immediate treatment, and reject it for not satisfying the constitutional requirements.

The silence, the wait, the calculations associated with political gain imply an implicit endorsement of a conduct that ostensibly goes beyond the contours of our fundamental norm. In defense of the Constitution, the system of checks and balances, justice and legal security, Congress is called to ensure that the Executive Branch operates within the limits of the rule of law. The duty to our National Constitution and to citizens must prevail over any other consideration.



  • Asociación Civil por la Igualdad y la Justicia (ACIJ)
  • Amnistía Internacional Argentina
  • Equipo Latinoamericano de Justicia y Género
  • Fundeps
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación Ambiente y Recursos Naturales (FARN)
  • Jóvenes por el Clima
  • Hora de Obrar
  • Instituto Latinoamericano de Seguridad y Democracia
  • Asociación Civil para la promoción y Protección de los Derechos Humanos (Xumek)
  • Abogados y Abogadas del NOA en Derechos Humanos y Estudios Sociales (ANDHES)
  • Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
  • Centro para la Implementación de los Derechos Constitucionales (CIDC)
  • Democracia en Red
  • Centro de Políticas Públicas para el Socialismo (CEPPAS)

The Executive Branch of the province of Córdoba presented the 2024 budget bill. On November 9, we presented ourselves at the Public Hearing held in the Legislature.

“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”.

Like every year, the following year’s budget bill is presented. This 2023, due to the elections, the times were brought forward and the project was presented on October 24, something that usually happens on November 15. After being presented, the project is discussed in several Commissions and approved in two legislative sessions, called 1st and 2nd reading. And in between, a Public Hearing is held.

From Fundeps we presented ourselves to the Public Hearing last Thursday, November 9. In this sense, it is noteworthy that starting this year, all the information related to the debate on the 2024 public budget law, with the project and its complementary documents, as well as with the calendar of sessions, dates of the Commission sessions and the Hearing. In addition, the way to register through a web form was improved compared to other years. Yes, we must note that it would be very useful for future occasions to publish the Commissions that meet on each date and to allow external participation, even if it is from listeners. Currently, committee sessions are uploaded to the Legislature’s YouTube channel after they happen.

At the hearing, we made some general observations that we understand make it possible to better analyze the budget and comments on a program related to Water and Sanitation. First of all, we explained that the descriptions of the Budget Programs are very generic and it is necessary that they be accompanied by physical goals and both quantitative and qualitative indicators, for the purposes of their monitoring. In the case of Program 572 analyzed, its content remains the same since its creation in 2018. In the case of the Works, contained in the Public Investment Plans, they are not directly described, at least in the budget documents. Then, we move on to explain Program 572 on Water and Sanitation, which is made up of two subprograms, one related to Drinking Water and the other to Sewage Liquids and Sanitary Services. In both cases we observe their evolution and behavior in the years 2022, 2023 and how they are projected in 2024. In that sense, in the two subprograms the same trend of sub-executions is observed in the year 2022 (32% and 53% respectively). , greater execution in the current year (87% and 75%) and a decrease in the budget allocation for 2024. More notable in the first subprogram than for the second. In that sense, we appeal that these programs be observed by the Legislators present, in view of budget approval in the second session on Wednesday, November 15.

A budget that guarantees rights, such as in this case drinking water and sanitary services that directly impact the rights to health and a healthy environment, is governed by the principles of progressivity and non-regression, in which care must be taken that In the allocation of resources there are no setbacks, avoiding cutting or reducing the levels reached.

Participation in the audience was very varied. There were Professional Associations (such as Lawyers or Notaries), civil housing associations, social sports, companions of children in vulnerable situations, among other actors. This shows that, although this instance is extremely valuable and allows a direct approach by the authorities to problems that bring together different social actors, it also reveals the lack of more spaces for participation. So that people and citizens who often face and solve public problems can channel their demands more effectively. This could be resolved with periodic hearings or greater social participation in the thematic commissions of the Legislature.

It is extremely important that these spaces become increasingly accessible, open and widespread. This is key so that the greatest number of social actors can approach and present their points of view and observations in the development of public policies that directly affect them.

More information

You can consult the entire Public Hearing here, and our participation in the minutes: 2:55.50 – 3:06.20.

Related notes Public budget:


Victoria Sibilla, ninasibilla@fundeps.org

Ícono de validado por la comunidad

Between Tuesday, September 5 and Thursday, September 7, the 8th Open Government Global Summit (OGP Global Summit) was held in Tallinn, Estonia. It brought together members of the Open Government Global Partnership (OGP) from both governments and civil society from around the world, who are working on this agenda in their countries and localities. In this edition, the Summit focused on open government in the digital age, the potential of technology to make governance and policymaking more transparent and accountable, as well as the preservation of democracy.

“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 Fundeps we are part of the Network of Civil Society Organizations for the Open State, which accompanies Argentina’s accession to the Alliance for Open Government. We also contribute to the creation processes of both the National Open Government Plans, as well as that of the province of Córdoba and the Legislature of Córdoba.

Based on this, within the 2023 Global Summit, we participated in the Session “Building national-local coalitions for open government” and shared a panel with different government and civil society references from Brazil, Morocco, Ukraine and the Philippines. Experiences of coalitions between federal or national governments with local or municipal labor governments or civil society were shared. In our case, we share the Federal Open Government Program (PFGA) which was the result of a construction between the National Directorate of Open Government, the Municipal Training Directorate and different civil society organizations that collaborate in its design and monitoring in the 4th and 5th National Open Government Action Plan. The PFGA consists of accompanying different initiatives of transparency, innovation, accountability, participation and collaboration promoted by provincial and municipal governments of our country.

Then we attended other talks, workshops and conferences related to experiences of participation and fiscal transparency; transparency in the extractive sector; climate change and just transition; among other. Without a doubt, the OGP 2023 Summit was a very enriching space to share and exchange experiences and realities among the entire open government community. Although the challenges in this agenda remain and are renewed.

At Fundeps we are committed to continuing to collaborate in strengthening initiatives that tend to generate increasingly transparent and permeable governments, with genuine spaces for participation and that respond to social demands in a collaborative way.



  • All the Sessions that took place at the Summit: here.
  • The initiatives awarded at the Summit: here.
  • The National Open Government Plan: here.
  • The Local OGP Plan of the province of Córdoba: here.
  • The Open Parliament Plan of the Legislature of Córdoba: here.



Victoria Sibilla: ninasibilla@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”.

In a context of subjugation of fundamental rights, such as the right to fair remuneration, to participate in the political processes of constitutional reforms and to care for the land, protest constitutes a legitimate form of claim for communities and for the citizenship in general.

The purported constitutional reform in the province of Jujuy violates widely recognized rights, such as the right to protest, limiting freedom of expression and property to indigenous lands, and enabling the continued violation of fundamental rights for all people, such as It has been happening since last June 17.

In this context, indigenous communities claim that this constitutional reform advances their acquired rights and their territories. Communities have rights that must be respected in the decision-making processes of the State. In this sense, we highlight that the Inter-American Commission on Human Rights “urges Argentina to establish transparent and voluntary dialogue processes, which include local traditional authorities, in order to address the demands of indigenous peoples.”

On the other hand, UN Human Rights expressed its concern about reports of violations of rights and violent actions within the framework of the protests in Jujuy. He made an urgent call for constructive and intercultural dialogue, which guarantees the effective participation of indigenous peoples and all interested parties, to overcome the crisis through democratic and institutional means.

We demand that the government cease institutional violence and repression towards the population, and convene spaces for dialogue and consultation in accordance with international human rights standards.

Furthermore, in a context in which misinformation circulates, and resources are used that relativize institutional violence and stigmatize indigenous peoples, workers and their organizations, we call for the media to carry out responsible dissemination of the facts, incorporating the voice of the people whose rights are being violated.


*Photo: @susi.maresca

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



María Victoria Sibilla, ninasibilla@fundeps.org

On March 3 and 4, we participated in the workshop on Final Beneficiaries of Companies in the extractive and energy sector of Argentina, held in the City of Buenos Aires. The event was organized by Opening Extractives (a program co-implemented by EITI and Open Ownership) and the Argentine Journalism Forum (FOPEA).

“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 workshop had among its objectives to raise awareness about the importance of public information of the final beneficiaries, and at the same time, provide resources and materials to increase research, projects and analysis within this field.

In this sense, the training was divided into three modules: first, content and information on final beneficiaries was presented, from the theoretical to the legal and also practical, both nationally and internationally. Those who spoke in this first module were: Andrés Knobel from the Tax Justice Network; María Eugenia Marano, specialist in corporate law; Pamela Morales, Undersecretary of Mining Development of the Government of the Nation; Gonzalo Fernández of the Ministry of Mining Development of the Nation; and Lucía Cirimello from the Extractive Industries Transparency Initiative (EITI).

Secondly, civil society organizations had the opportunity to present their projects related to the theme. In this way, Edgardo Livitnoff (Red Ruido Coordinator) presented progress on the report “Lithium and transparency in Argentina” that we prepared together. For her part, Eugenia Rodríguez (Centro de Economía Política Argentina) shared details about the work of her organization: “The rich of Argentina”.

Finally, the third module consisted of a practical workshop given by Mariel Fitz Patricks, in which tools and resources were provided for approaching final beneficiaries. The journalist helped us, mainly, to access information and how, in this way, to enrich work carried out and to carry out on the subject.
This instance was very fruitful, not only in terms of knowledge and learning, but also in terms of the possibility of meeting peers from other civil society organizations, with whom one could work together in the near future.



More information:



Maitén de los Milagros Fuma


Maria Victoria Sibilla, ninasibilla@fundeps.org

Last Thursday, November 24, we held a Working Group on Budget and Rights, together with the Civil Association for Equality and Justice (ACIJ), the Observatory of Labor, Economy and Society (OTES) and the accompaniment of the Federal Institute of Government (IFG) of the Catholic University of Córdoba.

“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 activity was carried out in continuity with a series of virtual meetings that we held in August of this year, where conceptual issues of the public budget, the gender perspective within the budget, and some examples both in the national budget and in that of the province of Córdoba.

In the Working Group on Budget and Rights, the proposal was rather practical and was divided into two stages. A first exhibition, in which OTES commented on some of its reports and main findings after analyzing the budgets of the province of Córdoba, in recent years. From ACIJ and Fundeps we share where the main budget information is located in the province, to give rise to the second moment of the meeting for budget analysis by the attendees.

So, according to thematic affinities, we divided into groups and based on some triggering slogans, we navigated through the web portals of the province of Córdoba where budget information is found and we proceeded to analyze some policies or programs of interest. In this sense, there were groups on the environment, health, education, housing, disability and gender. At the end, we shared the findings in full and different exchanges were generated about the information that is available, the need to incorporate other elements and indicators when carrying out this type of analysis, among others.

This Table took place a week before the 2023 Budget Public Hearing will be held in Córdoba in the Legislature, which is why at the end we share the information on how to participate in it. It is essential that these spaces for participation are promoted and how to attend is clearly and accessible disseminated, with the aim of diversifying the voices in this space and democratizing the debate around a key element for the guarantee of our rights.

Thank you ACIJ for inviting us to be part of this initiative and we hope to continue generating spaces for dialogue, debate and research around the different public budgets that are dictated at the different levels of government.

More information


Maria Victoria Sibilla, ninasibilla@fundeps.org

Last Thursday, November 17, we held a meeting on the current management of food programs for school canteens in the provinces of Mendoza, Córdoba, Salta, Tucumán, and Buenos Aires. Special emphasis was placed on food purchasing systems and on the need to guarantee the effective application of Law No. 27,642 on the Promotion of Healthy Eating (PAS) within the framework of school assistance programs in each of these provinces. The event was organized by Fundeps, Nuestra Mendoza, Andhes, Salta Transparente, the Center for the Implementation of Constitutional Rights (CIDC) and also had the support of SANAR.

“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 addition to representatives of the aforementioned civil society organizations, the following participated in the meeting: Claudia Oliva and Victoria Lo Valvo, General Director of the Comprehensive Assistance Program of Córdoba (P.A.I.Cor) and Director of Legal Affairs of the General Directorate of Purchases of Córdoba ; Franco Pullido and Gabriel Sciola, Director of School Feeding of Mendoza and Undersecretary of Administration of the General Directorate of Schools of Mendoza and Matías Molina, General Director of Monitoring of Procurement of Goods and Services of the province of Salta.

At first, through a participatory dynamic, the different representations and social images linked to chronic non-communicable diseases and, specifically, malnutrition due to excess and the commonly known “law of labeling” were addressed. Then the different components of said law were described and, finally, the provisions related to public purchases for school canteens were studied in depth.

It was highlighted that, when dealing with purchases for educational establishments, they should guarantee that products with black seals did not enter the schools, whether they were already packaged products or the ingredients used to prepare the food. This, given that products with at least one seal or precautionary legend cannot be offered, marketed, promoted, advertised or sponsored within schools, by virtue of article 12 of the PAS law.

In a second moment, the floor was given to each of the leading people from the provinces, authorities in the event that they were present or from NGOs, so that they could comment on how the management of the food programs was in each one of them, how Food purchases were decided, with what nutritional criteria, if this information was accessible to the public, all with the aim of identifying some common points and windows of opportunities for the effective application of the PAS law.

By way of conclusion, each attendee identified opportunities, challenges and possibilities for articulation between civil society and the State agencies involved.



Maria Victoria Sibilla

Maga Merlo


Maria Victoria Sibilla, ninasibilla@fundeps.org

More than 200 people and civil society organizations manifested to the Legislature of the Province of Córdoba our rejection of the recent modifications to Provincial Law 10,208.

“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”.

Together with numerous people and civil society organizations, we express to the Provincial Legislature, through a note, the deep concern generated from the modification of Annexes I and II of Law 10208 of provincial environmental policy.

We believe that the treatment and subsequent approval process violated and seriously violates human and fundamental rights, both procedurally and substantially. In addition, the modification implies an unfortunate setback in the protection of the environment, failing to comply with rules, principles and rights guaranteed by current environmental regulations and commits the State because it constitutes a violation of international commitments assumed, for example, through the Escazú Agreement. .

The modifications made to Law 10,208 do not constitute simple wording changes, but imply a serious reduction in the requirements established by the law and that have a worrying impact on the activities subject to Environmental Impact Assessment to the detriment of the environment and ecosystems. In this sense, they expressly violate the principle of progressivity and non-regression accepted in our legal system (General Environmental Law, Law 10,208, Escazú Agreement).

The process that led to the sanction of the project was not disclosed to the public. The design of the project, its treatment in committee and its parliamentary discussion, not only occurred in a very short time, but also disabled any type of device that guarantees citizen participation, in contrast to and to the detriment of the broad legitimacy and social participation that it had. Law 10,208.

For all these reasons, the approved project constitutes a clear violation of the rights of access to public environmental information and public participation in environmental matters. At the same time, it violates the principle of progressiveness and environmental non-regression, sustainability, preventive and precautionary.

In this framework, we urge the repeal of the sanctioned project in order to restore the protection standards in force before its approval.

See letter sent and signatories of the request.



  • Mayca Balaguer, maycabalaguer@fundeps.org

The Comprehensive Gas Infrastructure Program – or the Trunk Gas Pipeline Program – promoted by the government of the Province of Córdoba, came to an end in 2019 with the completion of the works. By 2022, works continue at the municipal level, and the program has already begun its phase of connection to the natural gas network. However, there are still doubts about how citizens will be able to access the service, especially those who are located in vulnerable sectors.

“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”.

Access to public information and transparency are constituted as a fundamental human right. People have the right to know what will be planned for their communities and based on this, make informed and pertinent decisions about the development processes that will affect their lives.

In the field of public policies, providing and guaranteeing access to public information is the cornerstone of good governance. Transparency is vital to enable individuals and communities to hold their institutions accountable and to foster trust in government and reduce corruption. Ensuring this right results in the generation of opportunities for citizens to learn, grow and make better decisions for themselves and those around them.

Reference to this is relevant when analyzing public policies and programs that aim to contribute to large-scale development. Such is the case of the Comprehensive Gas Infrastructure Program promoted by the Government of the Province of Córdoba. This series of infrastructure works began in 2015 and ended in 2019, with the purpose of “strengthening the natural gas supply to homes, businesses and industries.” According to the Government, 890 million dollars were invested to deploy 2,801 kilometers of pipes that will give the possibility of connecting to the natural gas network to 972,430 Cordovans without service. However, the planning began long before the year of implementation and under sustained skepticism due to the lack of information and transparency regarding its financing, its potential environmental and social impacts, the number of total beneficiaries, among others.

After the end of the project in 2019, there were still doubts about what the connection process would be like for the localities and how citizens would have effective access to the service. Similarly, there were also infrastructure works to be completed at the municipal level. By July 2021, the Government declared that 75 localities already had access to natural gas after the trunk gas pipeline program. Mention was made of the number of inhabitants who will benefit, without regard to information regarding their location and other data that show whether the gaps in inequality in access have begun to close or may be closed as a result of this work. This is of vital importance since the government also spoke about the Bancor credit network for homes and businesses, which would facilitate the connection and obtaining the service. It remained to be seen how those marginalized and vulnerable groups who will find it difficult to access this benefit will be supported, and who therefore will not have access to natural gas -or will be able to do so in the distant future.

Towards 2022 the doubts regarding the scope of this project for the population of Cordoba have not yet dissipated. According to Cordoba news portals, the connection of companies and businesses to the natural gas network is progressing at a much faster pace than the connection of homes. This discrepancy arises more than anything else because connecting to the network is expensive and involves decision-making at the family level. Even when the conditions have been provided to facilitate access – through credits, and the now confirmed support from the provincial government for vulnerable families – not all people are in equal conditions to quickly decide to join the network. In many cases, the connection also requires the structural adaptation of houses and the purchase of household appliances.
Regarding the latter, access to information and transparency play a fundamental role. In the first place, because if the project had been published and socialized correctly with the populations of the affected localities, the families could have decided to plan in advance the connection to the network. Secondly, the role played by government officials when informing and publishing the documentation regarding a project of this caliber is evidenced. This was left in the hands of the municipal level and its mayors, and in many cases their actions to inform the population were deficient -especially considering that works have also been needed at the municipal level to guarantee the connection-.
The practice of publishing information such as the publication of documents does not mean or result in an informed citizenry. Added to the open data and active transparency initiatives are actions aimed at informing the population, such as public consultations. These spaces work -or should work- as opportunities to socialize information about projects and public policies, obtain feedback from citizens and work on a co-creation process. During the beginning of the work of trunk gas pipelines, a good part of the challenges identified had to do with the lack of public consultations -required by law- and the general misinformation of the people about the possible impacts and benefits of the project.

Towards 2022 there is no accurate information on the works carried out in the localities and the public consultations that have been carried out with neighbors. The existence of these instances play a crucial role in citizen decision-making. Especially in these cases when it is a duty to report on the project, warn of the impacts, clarify the benefits and clarify the alternatives that families would have to access the network gas service.

In this sense, even though the work of the Trunk Gas Pipelines represents a great advance for the Province of Córdoba, and the possibility of closing the inequality gaps in access to natural gas, the serious problems regarding access to public information still stand out, transparency and accountability. A project of this magnitude should have had clear and concise information for the population from the beginning, communication channels with citizens, much more transparent work award processes, etc. The process has not yet finished, and there is an opportunity for the provincial government to make an effort to make transparent what remains to be done.


More information


Agustina Palencia


Gonzalo Roza, gon.roza@fundeps.org


*Photo taken from losprimeros.tv

On Friday, June 3, the meeting Current practices and challenges in Active Transparency was held. The cases of Mendoza and the Autonomous City of Buenos Aires (CABA), organized by the group of NGOs that make up Fundeps, Nuestra Mendoza, the Center for the Implementation of Constitutional Rights, the Legislative Directory, Andhes, Salta Transparent and Acción Colectiva.

“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 discussion took place in virtual mode and is the first activity to be carried out within the framework of the Debate Cycle on Transparency 2022, promoted by the group, with the aim of proposing conversations with officials in charge of the transparency agendas of different provinces and localities of the country. The proposal aims to generate an environment conducive to debate and exchange of experiences that contribute to strengthening the practices of active and passive transparency of all public powers and the effective exercise of these rights by citizens.

On this occasion, we spoke with Diego Seoane, Deputy Director of Access to Public Information (AIP) at the Office of Administrative Investigations and Public Ethics of Mendoza, with María Gracia Andía, Head of the guarantor body for Access to Public Information, and with Fernanda Araujo, Information Architecture Manager, both from CABA.

The first part of the meeting was dedicated to the institutional design of each jurisdiction and how they comply with the obligations of active transparency, that is, in what these levels of government must publish ex officio, given that both have laws that oblige them in this regard. . In this sense, Diego Seoane commented that in Mendoza, by Law No. 9070 of 2018, a single enforcement authority was established, which is the Office of Administrative Investigations and Public Ethics. It governs all the powers of the State and has jurisdiction over other laws such as the Public Ethics and Clean File. Within this Office, the Sub-Directorate for Access to Public Information, which is made up of two people, is the enforcement authority in everything related to AIP, it is the body for appealing requests for information and, in turn, has the function of control compliance with the active transparency of all regulated entities. The role of the Sub-Directorate is complemented by that of “Guarantor Officials” in each of the regulated entities, who are in charge of both the obligation to respond to requests for information and the active publication of information that provides Mendoza’s law.

Desde las expositoras de la Ciudad Autónoma de Buenos Aires, consulte que la ley N° 104 de 2016 estableció una estructura de dos niveles, compuesta por Órganos Garantes y Autoridades de Aplicación en cada uno de los poderes de la ciudad (Ejecutivo, Legislativo y Judicial). Las funciones de estas autoridades se complementan, los Órganos Garantes tienen la función general de promover este derecho, generar informes, elaborar convenios, realizar auditorías de oficio y actuar en caso de denuncias por incumplimiento de la ley en el poder del que depende. Por su parte las Autoridades de Aplicación gestionan los pedidos de información pública, cumplen con las obligaciones de transparencia activa, orientan a la ciudadanía en el ejercicio de este derecho, capacitan a los sujetos obligados dentro del poder correspondiente, entre otros. A su vez cuentan con las figuras de Enlaces para el cumplimiento de la transparencia pasiva, y de Referentes Institucionales y Operativos, para las obligaciones de transparencia activa en cada sujeto obligado.

In a second, they consulted on a practical practice of each dependency and the main challenges they noticed in the exercise of their functions. From Mendoza, the systematic monitoring that was done in the passive transparency process was highlighted as a good practice, that is, the requests for information that were made, which directly impacted the improvement of the active transparency process. He cited, for example, that from 130 requests made to the Housing Institute, they dropped to 30 once the information was made available and their website was improved. He also highlighted the fact of having a direct transparency button in each obligated subject and locating there everything that the law stipulates. He stated that this was a great advance because in the early stages, the information was recorded but it was disordered and even redundant. From CABA, the Transparency Portal appeared, which concentrates the active transparency obligations of the city government and the Active Transparency Index, which is a tool created to monitor transparency policies and access information therein. They also shared some experiences of focused transparency, that is, of specific interest for a certain group or group of people, such as a Guide that was prepared with synthesized information for Heads of Single-Parent Families.

In relation to the challenges, from Mendoza, although they affirm that the institutional design given by the law is correct, they consider that with a better organizational structure they could fulfill their functions more efficiently. Then, a challenge shared by both jurisdictions, although each one has different designs and tools, had to do with the constant improvement in the implementation of transparency and access to public information laws. As well as other citizen demands. Emphasis was also placed on improvement in terms of accessibility, clear language, access for people with different abilities, among others.

Finally, and in coincidence with the audience and the civil society organizations organizing the event, the need to make sustained progress on transparency and access to public information by all branches of government, that is, the Legislative Branches, was considered. and Judicial.


Nina Sibilla, ninasibilla@fundeps.org

Within the framework of an amparo for default due to the lack of response from the Municipality of Córdoba in a request for public information, the attorney general stressed that “The plaintiff Foundation was forced to go to court to obtain action on the part of the Management.

“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 May 2, we obtained an important judicial pronouncement regarding the right of access to public information, in the context of the injunction for default filed due to non-compliance with four requests for information filed in different areas of the Municipality of Córdoba. Before delving into the pronouncement, we recall some basic issues on the subject:

What is considered public information?

It is all types of data contained in documents of any format that are generated, obtained, transformed, controlled or safeguarded by the Public Administration at its different levels and by those subjects who have received public funds.

What does the right of access to public information imply?

It includes the possibility of any person to freely search, access, request, receive, copy, analyze, reprocess, reuse and redistribute public information. This right applies in a broad sense to all information in the possession of public bodies, including all controlled and archived information in any format or medium. It is important to mention that this right has an instrumental nature for the exercise of other rights, especially by those who are in subordinate or vulnerable positions, since it is only through precise knowledge of the content of human rights and their forms and means. of exercise that can be effectively accessed to its full enjoyment and enjoyment.

So anyone can request public information?

Yes, Law 27275 on the Right to Access to Public Information establishes that “Every human or legal person, public or private, has the right to request and receive public information.” In Córdoba there is an important precedent of the Superior Court of Justice that also establishes that “the human right of access to public information must be analyzed from a broad and holistic perspective.” and that “this right corresponds to every person without the need to prove any interest or special legal situation, accepting a broad legitimacy that includes both action in administrative and judicial courts.” The way to access it is through a request for public information.

And what is a public information request?

It is that request that is made in writing or by electronic means and without any formality, of all that information generated, administered or in possession of the organs of the Executive, Legislative, Judicial State, Municipalities and Autonomous, local Political Parties and any organization that engage in public spending.

The only requirement that is imposed is that the request for information must be submitted to the regulated entity that possesses it or is presumed to possess it. It can be done in writing or by electronic means and without any formality, it is only enough to indicate the identity of the requesting person, the clear identification of the information requested and the contact details, in order to send the information or announce that it is available.

All requests for public information must be satisfied within a certain period: in the case of national organizations it is 15 business days, while in the Province and the Municipality of Córdoba it is 10 days. In all cases, the Administration may request extensions, and must justify it.

But what happens in practice?

Our experience with the request for public information at the different levels and state areas is very uneven. While at the national level, and thanks to the mechanisms provided for by Law 27275, requests for information are usually answered in a timely manner, at the provincial and municipal level, in most cases, we do not receive a response within the stipulated period. This lack of response forces us to prosecute requests for information through the filing of injunctions for default.

Given this situation, once the demand is admitted, it is transferred to the Administration so that it can present a report explaining why it is in arrears, that is, why it did not provide the requested information. In most cases, faced with this transfer, the Administration produces the information that had been requested, notifies the petitioner, and then reports it in the file, requesting that the legal case become abstract, because the information has already been delivered. . In this type of case, the court usually resolves in this sense, declaring the cause abstract and imposing the “costs by order”. This means that the Administration should not bear any type of expense when requests for information are prosecuted, even when it is its attitude that forces the petitioners to initiate an amparo proceeding.

A change of criteria in the tax opinion

Through Opinion No. 344 issued on May 2 in the case “Foundation for the Development of Sustainable Policies C/ Municipalidad de Córdoba – Amparo Ley 8803”, File. No. 10221471, the Public Prosecutor’s Office ruled establishing an important criterion in terms of amparos for default and right of access to public information. In this trial, the Municipality of Córdoba filed an appeal against the Chamber’s ruling, for disagreeing with what was resolved on costs.

The prosecutor understood that “at the discretion of this Public Ministry, there is a winner and a loser by the force of the facts, and in direct relation to the object pursued by the applicant; because however it may be, the Administration complied with the dictation of the administrative act, but outside the term that the law contemplates and due to a judicial process. And therefore, his situation is equal to that of the vanquished.”

In this sense, it affirmed that “The plaintiff Foundation was forced to go to court to obtain action on the part of the Administration. It does not seem fair or reasonable that the claimant should bear the expenses and fees accrued by him for the processing of a case whose origin is negligent conduct on the part of the Administration and the exercise of a constitutional right. It is for this reason that the theft of judiciary matter produced in the proceedings does not imply in any way the displacement of the objective principle of defeat as a criterion for the imposition of costs”.

We welcome the Attorney General’s decision, as it sets an important precedent in terms of the right of access to public information. Thus, the exercise of a constitutional right cannot entail that the applicant bears the costs of a process that would not have existed if the administration had responded within the legal term. It is important to mention that this is not an isolated event, but rather a systematic practice of the Administration that limits access to information to those who have the economic and legal means to demand a response to information requests before the courts.


More information


Noelia Salvia 


Mayca Balaguer, maycabalaguer@fundeps.org