Tag Archive for: OEA

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We present a report on the human rights situation in Argentina before the IACHR

On October 30, the Inter-American Commission on Human Rights (IACHR) published a communiqué inviting civil society organizations and other interested social actors of the Organization of American States (OAS) to send information on the situation. of human rights in the region. This information will be used for the preparation of chapter IV A of the annual report of the IACHR corresponding to the year 2018 that will be presented to the General Assembly of the OAS.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Each year, the Commission produces an annual report on the human rights situation in the region, reflecting the trends, challenges, advances and good practices that have occurred in the area of ​​human rights in the OAS member states during the year.

For the Annual Report of 2018, the Commission will emphasize the following axes: Democratic Institutionalization, Institutionality in Human Rights, Access to Justice, Citizen Security and Right to the Environment.

Together with lawyers and lawyers from the Argentine Northwest on Human Rights and Social Studies (ANDHES) we present a report on these axes in the areas we work on:

Institutionality in human rights

1. Hierarchical reduction of National Ministries of Environment, Culture, Health, Labor and Modernization and Communication
2. National Budget 2019
3. Comprehensive Sexual Education Law in danger

Access to justice

1. Preoccupation with the draft bill on collective processes
2. Access to the right to abortion in Argentina – Delay of justice in the case of Portal de Belén (by non-punishable abortion protocol in the province of Córdoba)
3. Access to justice for the elderly

Citizen security

1. Institutional Violence in Tucumán
2. Absence of mechanisms to prevent torture in Tucumán

Right to the Environment

1. Affectations to the right to health caused by the use of agrochemicals
2. Concern over project to amend the seed law
3. Failure to comply with the consultation and free, prior and informed consent of provincial law No. 5,915 to the detriment of the environment and the right to life and territory of indigenous communities in Jujuy.
4. Chinchillas Mining Project and the Pozuelos Lagoon in Jujuy
5. The indigenous community of Solco Yampa and the indiscriminate felling of trees in the province of Tucumán
6. Murder of Javier Chocobar in Tucumán

The cases presented in this report give an account of a general situation of regression of the fulfillment of human rights by the Argentine State. The exposed situations of vulnerability are particularly worrisome because they are part of a regional socio-political crisis context. In order to avoid the impact of cuts, the noncompliance with international standards and the promotion of public policies that do not attack the roots of structural inequality impact fully on the populations that are already in a situation of vulnerability, we ask the IACHR to publicly express concern about the state of compliance with human rights in the country.

More information

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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HLAC presented a report to the IACHR on HR and companies

Report prepared by the Healthy Latin American Coalition (CLAS) was presented in the framework of a public consultation opened by the Special Rapporteurship on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights (CIDH), with the to prepare a thematic report on inter-American standards in the area of ​​business and human rights.

“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 growing number of cases of human rights abuses and violations committed by companies has led to the treatment of the problem by the international community for some years now. In this context and within the framework of the inter-American system, the IACHR considered gathering information from different interested parties for the purpose of preparing a report that considers the regional reality, and that analyzes and systematizes the inter-American obligations and standards, in order to finally make recommendations on the matter.

Report presented by CLAS, a network that groups around 300 organizations in Latin America of which FUNDEPS is a part, focuses specifically on analyzing the link between companies and chronic noncommunicable diseases (NCDs).

Thus, first, the report provides information on the impact of these diseases in the region, with special mention to the involvement of vulnerable groups. Secondly, the power of influence of companies in the process of formulation of norms and public policies is analyzed, as an obstacle when adopting, executing and advancing in health policies to prevent and reduce the impact of chronic noncommunicable diseases. . In this regard, the cases of the tobacco industry, the food industry and the alcoholic beverage industry are cited as examples.

The document also warns that the current regulations and action plans sanctioned by governments focus on the prevention of the risk factors of these diseases, without including a more general perspective on human rights and companies. It observes that only some countries have made slight progress in this regard, despite the fact that international evidence shows that the most effective measures to reduce the consumption of unhealthy products are those that control the actions of the companies that manufacture and promote these products; especially in relation to marketing and promotion strategies.

Beyond the efforts of Latin American governments to move forward with legislation for the prevention of NCDs, the intervention of companies in the design and implementation of public policies, as well as the lobby of the industry, constitute a great obstacle to effective implementation of norms that prevent the population from the health consequences of consuming unhealthy products.

Currently, at the international level, there are non-binding instruments and mechanisms that aim to protect human rights from the irresponsible actions of companies. These include: the United Nations (UN) Guiding Principles on Business and Human Rights, the OECD guidelines and the UN Working Group on Business and Human Rights. Similarly, the work of the IACHR has focused on the search for the prevalence of fundamental rights against the power of corporations; and that is why this thematic report takes on a fundamental character. In this context, also, in the last three years, at the initiative of some States, it has begun to debate the possibility of having an international treaty that effectively forces companies to comply with and guarantee respect for human rights. We believe that an instrument with these characteristics would reinforce the existing regulations, while at the same time ending the abuses perpetrated.

More information

Report presented by CLAS

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

Regional thematic hearing of the IACHR in the fulfillment of the DESCA

We will be participating in one of the public hearings convened by the Inter-American Commission on Human Rights (IACHR) to be held on March 17, 18, 20, 21 and 22 in Washington.

In the context of public hearings, the one that summons us is about “Right of access to information relevant to the enforceability of economic, social, cultural and environmental rights”. This was requested from the IACHR in conjunction with organizations in the region, such as Fundación Construir (Bolivia); Institute of Legal and Social Studies of Uruguay (Ielsur, Uruguay); Regional Alliance for Free Expression and Information (Uruguay); ARTICLE 19 (Brazil); Center for Archives and Access to Public Information (CAinfo, Uruguay); Fundar – Analysis and Research Center (Mexico); And Civil Association for Equality and Justice (ACIJ, Argentina).

The hearing we will participate in will expose to the Inter-American System of Human Rights (IACHR) the need to consolidate standards regarding production and access to information that allow progress towards the effective implementation and enforceability of economic, social, cultural and environmental rights DESCA). There are international and regional commitments in this area that show clear obligations with respect to production and access to information, which are necessary in order to advance the enforceability and exercise of these rights. However, in the countries of the region there are serious failures to comply.

Several international agencies have not found necessary information to determine whether DESCAs are respected in the countries of the region. Specifically, they have noted deficiencies related to the collection and systematization of information on the exercise of the rights to education, employment, health and social security of women; Children and adolescents; People with disabilities; Indigenous peoples; Afro-descendants and migrant workers and their families. In this same line, they have stated that it is a state obligation to produce information from which it is possible to validate indicators and, in general, access to many of the guarantees covered by each social right.

Argentina and Cordoba are no exception in this regard. The case of contamination by the Bajo Grande WWTP plant, which affects the Chacras de la Merced community, is a clear example of human rights violations aggravated by the lack of access to information. The State does not provide data on levels of air and soil pollution, nor does it provide information on health effects to the people of the neighborhood, mainly women and children. In this way, the enforceability of the rights of the people affected is hampered.

That is why it is fundamental to strengthen the implementation of standards around the scope of state obligations of production, availability and timely access to information on DESCA. The latter, in addition to being essential for the design, implementation and evaluation of public policies, makes it possible to strengthen the demand strategies of civil society, generating the conditions for many violations of rights to be repaired.

We invite you to follow the live broadcast through the official website of the IACHR.

More information

Contact

Juan Carballo – juanmcarballo@fundeps.org

Débora Fernandez

We participated in the regional hearing of the IACHR in pursuit of compliance with the DESCA

We were part of one of the public hearings convened by the Inter-American Commission on Human Rights (CIDH), held on March 17, 18, 20, 21, and 22 of the current day in Washington.

“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 framework of public hearings, the one that calls us is about “Right to access relevant information for the enforceability of economic, social, cultural and environmental rights.” This was requested from the IACHR in conjunction with organizations in the region such as Fundación Construir (Bolivia); Institute of Legal and Social Studies of Uruguay (Ielsur, Uruguay); Regional Alliance for Free Expression and Information (Uruguay); ARTICLE 19 (Brazil); Archives Center and Access to Public Information (CAinfo, Uruguay); Fundar – Analysis and Research Center (Mexico); and Civil Association for Equality and Justice (ACIJ, Argentina).

The audience of which we were a part, exposed to the Inter-American System of Human Rights (SIDH) the need to consolidate standards regarding production and access to information that allow progress towards the effective implementation and enforceability of economic, social, cultural and environmental (DESCA). There are international and regional commitments in this area that show clear obligations regarding production and access to information, which are necessary to comply with the requirements to enforce and exercise these rights. However, in the countries of the region there are serious shortcomings in their compliance.

Several international organizations have not found the necessary information to be able to determine if DESCA are respected in the countries of the region. Specifically, they have noted deficiencies related to the collection and systematization of information on the exercise of women’s rights to education, employment, health and social security; children and adolescents; People with disabilities; indigenous Afro-descendants and migrant workers and their families. In this same line, is that they have specified that it is a state obligation to produce information from which the validation of indicators is possible and, in general, access to many of the guarantees covered by each social right.

Argentina and Cordoba are not the exception in this aspect. The case of contamination by the Bajo Grande WWTP plant, which affects the Chacras de la Merced community, is a clear example of the human rights violations aggravated by the deficiency in access to information. The State does not provide data on the levels of air and soil pollution, as well as the information collected on the effects on the health of the people of the neighborhood, mainly women and children. In this way, obstacles to the enforceability of the rights of the people affected are placed.

That is why it is fundamental to strengthen the implementation of standards around the scope of the state obligations of production, availability and timely access to information on DESCA. The latter, in addition to being essential for the design, implementation and evaluation of public policies, allows strengthening the enforceability strategies of civil society, generating the conditions for many violations of rights to be repaired.

More information

Contact

Juan Carballo – juanmcarballo@fundeps.org

Participation in the strategic planning of the IACHR

On February 10, we participated in the consultation process opened by the Inter-American Commission on Human Rights to civil society organizations in Washington, DC. This is done in the framework of the implementation of its strategic planning for the period 2017-2020.

“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 first part of the day, the space was allocated to the organizations present to give their position on the human rights challenges to be taken into account for the coming years. Among the topics mentioned are the rights of migrants, women, LGTBIQ people, people with disabilities, indigenous peoples. In the second part of the consultation, the objectives that the Commission drew up as a draft were revised by working groups.

The challenges we identify in the future for human rights in the region are related to economic, social, cultural and environmental rights (DESCA), which have been widely recognized as human rights but not sufficiently addressed by hemispheric bodies. Another important item on the agenda is access to information, fundamental for democratic systems, and declared as a human right related to freedom of expression by the Inter-American Court of Human Rights. Access to information is of the utmost importance since it has a direct impact on the exercise of other human rights, including DESCA.On the other hand, we highlight the link between human rights and companies, due to the growing tendency to capture corporations around the world. In this sense, States should play a greater role, avoiding giving in to self-regulation commitments of the private sector and the interference of companies in sensitive public policy sectors. To this end, initiatives should be promoted to increase the levels of accountability of the private sector, not forgetting the responsibility of States. Finally, we express our concern about the situation of human rights defenders, with Latin America being one of the most dangerous regions for this group and we have proposed instances of participation outside national capitals.

The IACHR is a principal and autonomous body of the Organization of American States (OAS) responsible for the promotion and protection of human rights in the Americas. The processes for reviewing the agency’s activities, such as strategic planning, are of great relevance to the inter-American human rights system and the agenda of civil society on the continent.

More information

Intervention of FUNDEPS in the Strategic Plan process

Contact

Carolina Tamagnini – carotamagnini@fundeps.org