Tag Archive for: Democracy

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

“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

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

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

Contact

Agustina Palencia – agustinapalencia@fundeps.org

Carolina Tamagnini – carotamagnini@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”

 

‘The open government honeymoon is over’. With that phrase, Nathaniel Heller, executive vice president of the OGP; He opened the days that took place at the Kirchner Cultural Center and sought to call for reflection on the effective application of the principles of the alliance.

Founded in 2011 from the initiative of the United States and Brazil in the General Assembly of the United Nations, the OGP has managed to nuclear to more than 70 nations. Until now, the alliance has become a repository of action plans and commitments of the various countries that make it up. The goals proposed by the States parties to this initiative have been aimed at improving standards of transparency, accountability and collaboration.

These principles proposed by the OGP, are no more than the original pillars of democracy. Open government is the ‘new’ paradigm that seeks to reformulate the role of the State with respect to citizenship. It seeks that institutions establish a ‘conversation’ with the populations, to make them participants in the processes of creation, execution and control of public policies.

Until 2017, most of the commitments in the action plans corresponded to actions to release data and access public information without the need to emphasize many issues that could be considered controversial (environment, health, gender, extractive industries, natural resources, financing of political parties, among others). However, this Regional Meeting aimed to highlight good practices regarding citizen participation, accountability and transparency applied precisely to these areas that have lately been in the eye of the storm of international politics. The inaugural phrase of this event (cited above) aimed to highlight the need for the OGP to go one step further and be able to tangibly demonstrate how its principles can effectively improve people’s lives.

So far, the efforts of the OGP States have sweetened the ears of those of us who share their principles. But it is necessary that there are specific actions aimed at shaping a new type of State. The problem with the AGA has been that so far it has placed too much emphasis on the National Executive Powers (PEN) and little on the other powers and even on the subnational governments. The structure of OGP until 2016 only managed to support PEN initiatives.

After the launch of the pilot program for subnational governments in 2016 and the incorporation of a greater number of commitments by the legislative and judicial branches in several countries; it can be said that OGP is expanding its spectrum. However, there is still much to be done to achieve a true institutionalization of this new culture of openness. The second problem with the alliance is that in most of the member countries, the entity at the institutional level responsible for carrying out the relationship with OGP, is not part of the national organizational structure and lacks its own budget. This situation leads us to think that OGP is an initiative that today is subject to political fluctuations and management priorities. It is not a culture that translates into the planning of all public policies of the States.

Throughout the event, the urgency of moving from a paradigm of ‘open government’ to that of an ‘open state’ that expands the policies of transparency and accountability was stressed. This, in a vertical way towards subnational and local governments; and horizontally towards the legislative and judicial powers. Likewise, the need to efficiently and effectively involve the involvement of civil society in the processes of co-creation and co-implementation was highlighted. Both in the national action plans, and in public policies in general.

The paradigm of open government seems to be implemented at different speeds throughout the world, and within each State as well. Argentina, is a case witness of this situation. Many open government initiatives can be collected throughout the country; However, this develops in a very dissimilar way. While provinces such as Córdoba, Buenos Aires and Santa Fe have set up specific government agencies to advance open government policies; Provinces such as Santa Cruz and Río Negro do not have this type of institutionalization of the paradigm. The same happens at the municipal level.

This situation hinders the articulation between the different governmental levels, and therefore the application of the principles of open government is deficient. Local governments have become a fundamental piece for the effective concretion of transparency, accountability and participation. The proximity of local administrations with citizens is the key that gives these governments this importance for the implementation of this culture of openness. The Regional Meeting highlighted this important role and provided the space for the knowledge of good practices already implemented at the local level.

On the other hand, the participation of FUNDEPS was signated to the presentation in a panel about infrastructure projects and public works. The objective was to highlight some cases of large infrastructure projects in the Province of Córdoba, in which standards of transparency, accountability and participation were not applied. During the exhibition, we brought up the cases of the expansion of the sewage treatment plant (WWTP), the construction of the trunk gas pipelines and the development of the Carlos Paz Environmental Center. The panel also had the presence of the Environment and Natural Resources Foundation (FARN), a representative of the public procurement sector of Chile and a representative of the Initiative for Transparency in Construction (CoST). The purpose of the session was to reflect on the importance of defining better standards of transparency and citizen participation in this type of project.

This panel, in particular, was one of many that sought to demonstrate the need to apply open government standards on specific issues. Specifically, in those issues that today are particularly sensitive for some States (climate change, natural resources, budget, extractive industries, among others). The OGP is born to achieve a modification in the institutions, in such a way that the confidence of the citizens can be recovered. For this, it is essential that citizens can see that their lives are modified in a positive way based on the application of these principles. In this regard, it becomes more than necessary that the open government paradigm can be expanded to all branches and levels of government. It is about moving from an open government to an open state.

Contact

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”

 

During the month of November, from the Directorate of Open Government of the province of Córdoba invited to test the statistical portal, civil society organizations that are part of the provincial table to follow the goal of OGP. Subsequently, the official launch of the new platform was made. This effectively evidences the new imprint that is being adopted by the General Secretariat of the Interior. The participation of civil society organizations demonstrates that the provincial government has begun to build an active data community.

The portal now available has information from the old page of the Statistics and Census Bureau. The new interface, however, is much friendlier for the user and has new sections. It is an advance in terms of open government on the part of the Province. The new portal has a section of ‘Open Data’, one of ‘Visualizations’ and one of ‘Publications’.

By browsing the page you will find detailed socio-economic information about the Province and each department and municipality. In the section ‘Conocé Córdoba’ you can access the largest amount of social statistical information. In the ‘Open Data’ section there are more than 600 datasets and several of them are in open and reusable formats.

The innovation can be found in the ‘Visualizations’ and ‘Publications’ sections. While most data portals do not include these types of sections, these are fundamental when it comes to bringing data to the public. Usually, data in open formats is difficult to read and understand. For this, the visualizations organize the information and present it in a dynamic and fluid way. In particular, these visualizations contained in the new portal are interactive and the user can modify and filter the information in such a way that customized visualizations can be created.

A step further is the ‘Publications’ section. It is a space in which some datasets are explained. This type of resource brings the information closer to the citizen and allows a full understanding of the data.

We consider positive the initiative to modernize the platform and recognize as fundamental resources that were incorporated and that ultimately allow better access to public information on the part of citizens. Likewise, we celebrate that it was an inclusive process in which civil society organizations were involved.

Contact

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”

 

The undersigned organizations in the framework of the questioned process of designation of the Ombudsman of the Nation, and taking into account the following points:

– That citizen participation is a human right, and an instrument for the adoption of better public policies.

– That it is not a matter of electing a People’s Defender, but rather of appointing the best possible Ombudsman.

– That eight (8) years ago civil society organizations have been demanding not only the selection of an Ombudsman, but the adoption of a participatory and transparent process for that purpose.

– That citizen participation can not be the victim of a hurried selection process.

– That the absence of an explicit mechanism by which a process of citizen participation is established does not mean that the bicameral commission can not adopt a procedure for that purpose.

– That the express acceptance of candidates for the postulation, made by the Bicameral Committee of the Ombudsman without any citizen participation or any argument – more than political consensus – is an insurmountable antecedent of lack of suitability.

– That the procedure adopted for the selection of the Ombudsman ignores the “Principles relating to the status of national institutions” (Paris Principles), which represent the minimum international standards for the establishment of National Human Rights Institutions (INDH), as well as the General Comments of the Accreditation Sub-Committee.

– And finally, regarding the procedure for appointing the Ombudsman, the Global Alliance of National Human Rights Institutions (GANHRI) recommended -on several occasions- “to ensure the formalization of a clear and transparent selection and appointment process, and participatory (…) that includes wide dissemination of vacancies; maximize the number of potential candidates from a wide range of social groups; promote broad consultation and participation in the application, selection and designation process; evaluate candidates based on predetermined, objective and public domain criteria; select members to serve with their own individual capacity and not on behalf of the organization they represent.”

 

Asociación Civil por la Igualdad y la Justicia (ACIJ)

Centro de Estudios Legales y Sociales

Fundación Directorio Legislativo

Fundación Poder Ciudadano

Aldeas Infantiles SOS

Asociación Civil Capibara. Naturaleza, Derecho y Sociedad

Banco de Bosques

Centro Latinoamericano de Derechos Humanos (CLADH)

Comisión Argentina para Refugiados y Migrantes (CAREF)

Democracia en Red

Equipo Latinoamericano de Justicia y Género (ELA)

Foro de Periodismo Argentino (FOPEA)

Fundación Conocimiento Abierto

Fundación Ciudad

Fundación Huésped

Fundación para el Desarrollo de Políticas Sustentables (FUNDEPS)

Fundación para el Estudio e Investigación de la Mujer (FEIM)

Fundación Sur

Fundación Vía Libre

Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)

Laboratorio de Políticas Públicas

Salta Transparente

TECHO

“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 the absence of answers, the claim was brought to the Inter-American Commission on Human Rights and to the Human Rights Committee of the United Nations, and both agencies urged the Argentine State to appoint the Ombudsman promptly. It should be noted that it is a key institution for the defense of human rights.

In accordance with the principles of the inter-American human rights system, States undertake to adopt legislative or other measures that are necessary to give effect to the rights and freedoms recognized in the American Convention on Human Rights. Among the measures mentioned, there are those tending to effect the establishment and regular operation of the Ombudsman’s Office.

The Ombudsman has basically two functions: 1) Defense and protection of the rights of the people before acts or omissions of the public administration; and 2) Control of the exercise of public administrative functions. However, this definition of the Defender may become limited since it does not contemplate its more procedural and human dimension: the idea and aspiration to create an entity capable of being receptive to the needs of the population. The Ombudsman’s Office plays a fundamental role not only in the protection of human rights and control of the exercise of public functions, but also as a key institution in direct communication between the State and individuals.

During the month of August 2017, 55 civil society organizations again called for the end of this situation and the designation of the Ombudsman. The complaint also included a proposal for the appointment that included both legal and constitutional requirements, as well as suggestions for the selection process. It was requested that the necessary measures be adopted so that the Bicameral Ombudsman’s Commission immediately begins the appointment procedure, which ensures 1) transparency and citizen participation in the process and 2) the suitability of the candidates.

The selection process of the Defender must follow rigorous criteria that guarantee the moral suitability and technical suitability. The moral suitability in this case not only refers to the absence of disciplinary offenses or conduct contrary to public ethics; but it refers to the need to prove a true commitment to human rights. The technical suitability, on the other hand, has to do essentially with the knowledge about the problems of Human Rights and the means to remedy them.

Another point to highlight in how the designation of the Ombudsman should be carried out, has to do with the independence of criteria. The CN in its article 86 emphasizes the autonomous character of the figure of the Defender and the independence of criteria. This refers to the non-partisanship of the figure and the absence of economic ties or interest that may interfere with the activities of the Ombudsman.

These selection criteria must be accompanied by a transparent and participatory procedure governed by publicity and openness in all stages of the process. The presentation made by the civil society detailed the proposal for the implementation of a selection process that should include: 1) Proposal of the candidates, 2) Publication of background, 3) Observations, challenges and questions, 4) Written responses from the candidates , 5) Public hearing before the bicameral commission, 6) Observations, 7) Decision of the bicameral commission.

This organ since 2009 lacks real leadership and since then it is operating under interim mandates because Congress has not yet agreed on the appointment of a director. Since 2015, undersecretary-general Juan José Böckel has been in charge of this unit, a man who answers the former intervener of that entity, the deputy governor of Jujuy, Carlos Haquim. Currently, the Ombudsman’s Office has been immersed in corruption cases after anonymous reports of irregularities in the organization.

According to reports, on Wednesday, November 8, the Bicameral Commission of the Ombudsman would sign the proposal of three candidates to the Ombudsman, with a view to having the Chambers designate it before the end of the year. This has been done without convoking the civil society and if this agreement were reached without the participation of the citizens in the formation of the shortlist, it will affect the proper institutional functioning of the Ombudsman, once their new holder is designated. .

The importance of the prompt designation of the Ombudsman is that it is one of the agencies in charge of the horizontal control of the State (called Horizontal Accountability). It is about the control exercised by the same institutions over the acts and / or omissions emanating from the State. In this sense, it is essential that the mechanisms that guarantee horizontal accountability work correctly. We join the claim of civil society for the prompt appointment of the Ombudsman.

More information

– Without citizen participation, the Ombudsman will not be for the People

– 55 organizations ask Congress for the designation of the Ombudsman

– Contributions for the regulation of the nomination process of the nation’s Ombudsman

Contact

agustinapalencia@fundeps.org