Tag Archive for: Transparency

Every 30th of October the day of the recovery of democracy in Argentina is celebrated; to remember the moment in which culminated de facto period that extended from 1976 to 1983. Today, 35 years of the elections that granted the position of president to Raul Alfonsin, it is still difficult to speak of transparency and accountability in the processes Electoral elections.

“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 July of this year, a preliminary judicial investigation was opened based on revelations that journalist Juan Amorín published on the website El Destape regarding the 2017 legislative campaign of Cambiemos in the province of Buenos Aires. According to the information, more than 200 beneficiaries of social plans appear as contributors to that coalition, as well as many people who appear as affiliated to the Pro and who denounce never having affiliated to that group. The case was initiated by the federal prosecutor with electoral competence, Jorge Di Lello and then turned over to the court with Buenos Aires electoral competence that is under the jurisdiction of Judge Adolfo Ziulu.

Simultaneously, the National Electoral Chamber as the highest authority for the application of political-electoral legislation, through an internal audit objected to the accountability of the electoral campaign of Change for the 2017 elections. In addition, the audit warned of other irregularities such as contributions made by companies or entities prohibited by law. In this way, the entity advised Federal Judge Adolfo Ziulu not to approve the accountability of the change campaign in the face of the primary elections of last year.

Also, as a result of the aforementioned publication, two other causes were initiated. One of them is instructed by Judge Sebastián Casanello and prosecutor Carlos Stornelli, and the alleged money laundering is investigated when the origin of the funds is unknown. The other began with the denounce of the deputy Teresa García (FPV) for the possible commission of acts of identity theft, forgery of documents, money laundering, and violation of secrets and privacy. It was in the court of Ernesto Kreplak.

As a result, the government of Mauricio Macri hastened to send to the National Congress a project to reform the financing system of political parties, with the aim – among others – to prohibit the contribution of cash in electoral campaigns and to enable the contribution of legal persons.

The Center for the Implementation of Public Policies for Equity and Growth (CIPECC), an independent, non-profit, non-partisan organization, argues that since the national electoral reform of 2009, Argentina has a system of financing parties and campaigns national elections that are based mainly on public contributions. The norm, until now, was applied in three electoral processes and served as a framework for the exercise of ordinary financing of the parties.

CIPECC analyzes that the balance of that accumulated experience is uneven. On the one hand, an equity floor is guaranteed by allowing all parties and candidates to access the mass media. On the other, there are strong indications that most party and campaign spending occurs informally, either in the form of undeclared contributions and expenditures or the abuse of public resources for partisan purposes. This informality has detrimental effects on the transparency and integrity of democratic institutions: it interferes with the right of every voter to make an informed vote; it facilitates the capture or influence on the part of the interests of particular groups and generates the risk that partisan and electoral politics will be financed with money coming from illicit activities.

The importance of accountability in electoral campaigns denotes the need to have an open government in this regard. An open government is a transparent government, that is, a government that encourages and promotes accountability to citizens and that provides information about what it is doing and about its action plans. Also, it is a collaborative government which implies a government that commits citizens and other actors, internal and external to the administration, in their own work. Finally, a participatory government, which means that it favors the right of citizens to participate actively in the shaping of public policies and encourages the administration to benefit from the knowledge and experience of citizens.

Transparency does not bring value by itself if it is not linked to accountability. Thus, while transparency privileges an informative condition, the rendering of accounts implies the presentation of evidence that leads to argumentation to justify the exercise of authority or the assigned responsibility.

There are organizations that work to promote this transparency. The Open Government Partnership, in English known as OGP (Open Government Partnership), is a multilateral initiative that involves governments and civil society organizations to promote transparency, participation and government innovation. Argentina joined in 2012 and today has its third Action Plan underway. Among the agreed commitments is the preparation of a bill for the financing of political parties that addresses the problems identified and guarantees access to information by citizens. The aim is to guarantee the visibility of the origin and destination of the funds destined to finance the policy, the knowledge on the part of citizens online and in real time of the transactions made with the campaign funds in the campaign and the citizen control over how the parties are financed. .

What happened in the legislative electoral campaign in 2017 demonstrates the immaturity stage of our democracy. In view of the 2019 elections, then, it is imperative that citizens be alert and demand that accountability be present at all times. The results of the research, emerged from a source accessible to the whole society, open data that we had at our disposal. This finally shows that it is the responsibility of the citizens to appropriate the information that the State publishes to control the acts of government.

 

Author:

Stefania Piñedo 

“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 year 2017 began with important and promising news for the Gasification Project of Localities of the Interior of the Province of Córdoba, better known by the people of Córdoba as the “main gas pipeline project”. During the first days of January, the Governor of Córdoba Juan Schiaretti and President Mauricio Macri were present at the inauguration of a Pressure Reducing Plant in La Calera, work carried out by the Brazilian company Odebrecht within the framework of the systems awarded to it after the public tender launched in 2015. The reduction plant constituted the first section inaugurated by the Córdoba-Gran Córdoba Ring System, comprised of 52 kilometers of gas pipelines. reinforcement, and that will benefit 300 thousand inhabitants of both Córdoba and La Calera and of Saldán, Villa Allende, Mendiolaza, Malagueño and Malvinas Argentinas, according to official information.

The presence of Macri at the inauguration of the work represented a gesture of political support for the Schiaretti government. Especially taking into account the strong questions and criticisms received by the provincial government for the involvement in this project of the Brazilian construction company Odebrecht, involved in a corruption scandal in Brazil and other Latin American countries, even in Argentina. Despite these questions, the Schiaretti government always defended the participation of the company by resorting to the debatable argument that the corruption events in which it is involved occurred between 2004 and 2013, while the tender in Córdoba was carried out only in 2015.

However, after a few days the project suffers a major setback: Schiaretti announces that, due to delays in obtaining loans from Chinese banks, 4 stretches of gas pipelines would be re-tendered to avoid postponing the start of the works in said sections, but in this case with the Province’s own financing. Recall that of the 10 trunk systems that were defined in 2015, 4 were awarded to Transitory Business Unions (UTEs) made up of Argentine and Chinese companies and financed by Chinese banks (ICBC and Bank of China); and the remaining 6 were awarded to Odebrecht (at first it was said that the Brazilian company would present its own financing for the start of the work, but finally this was not the case, making the province have to resort to indebtedness to start the works).

Thus, criticisms of the link with Odebrecht in the work will be added to questions about the delays in Chinese financing; the lack of relevant explanations regarding the reasons for the fall in financing; the need to re-tender the work and the decision of the provincial government to go back to the market to borrow to finance the work and even for the substantial increase in the cost of the work, which went from a budget of 8,600 million pesos in 2015 to 12,480 million pesos at the beginning of 2017 (an increase of 45% in almost two years).

After a new call for bids in February, in March the works of the four aforementioned systems were re-awarded to the same UTEs that had won in the first tender. In turn, the government issued a new batch of public securities for 460 million dollars to finance the start of works in the 4 tranches of the project, with the financial agent of Banco de Córdoba (Bancor).

Although in that same month of March advances were announced in the negotiations with the Chinese banks to finish making the committed credits for the work, surprisingly on April 21 the Governor Schiaretti announced the definitive fall of the Chinese financing and the signing of a decree that rendered ineffective the adjudication of the works of the 4 corresponding trunk systems. While Schiaretti himself blamed the Chinese banks for the fall in funding, arguing that they raised conditions “leonine, unacceptable to Cordoba and the national government,” the fact is that the government never made clear the true reasons and reasons that led to the fall of Chinese financing.

In this way, the government of Córdoba decided to launch a new tender for 437 million dollars for the construction of the 4 gas pipeline systems, which now in the new call would become 8 systems (in addition to the 6 remaining systems already awarded to Odebrecht ) and whose financing would come from the same province. In this case, the allocation of the new systems fell to national companies.

In early May, and despite criticism from the opposition, the provincial legislature approves a bill that enables new changes in the pipeline project: the negotiations with Chinese banks to finance 4 of the trunk systems are terminated, and it is approved that it is now the provincial government itself that must obtain the totality of the funds to complete the work (ratifying in this way the authorization granted by law 10,339 that enabled operations to take public credit to carry out the works). Just a few days later, the government made official through a decree published in the Official Gazette, a new debt collection for 450 million dollars to finance the work. By the end of June, Schiaretti himself would announce through his Twitter account that the province had obtained the total financing for the work through the placement of bonds in the international capital market.

In short, this strategic project for Córdoba that was going to have in the beginning with financing provided or managed by international actors (initially through the National Bank of Economic and Social Development of Brazil -BNDES-, then through Chinese banks and own financing provided by the Odebrecht company) to depend exclusively, for its concretion, on the province’s own resources or obtained through debt through the issuance of government securities.

The second half of the year would be marked mainly by the progress of the work (according to the government by the end of the year 14% of the work had been completed and the work was planned to be completed by mid-2019), but also by the constants and recurring questions from sectors of the opposition and civil society in relation to the project. Especially after Córdoba was mentioned in the framework of the Lava Jato case as one of the destinations where the Odebrecht constructure paid bribes in Argentina.

Although the national government of Mauricio Macri began a campaign to review and investigate the possible involvement of Odebrecht in the payment of bribes in numerous public works projects in Argentina (which even led the national government to suspend the company to carry out works at a national level), the gas pipeline project in Córdoba was strangely excluded from said revision and the relevant explanations were never provided to justify such exclusion. Even the company continues to operate in the province despite its suspension at the national level (its main work is precisely that of gas pipelines in Córdoba) and the requirements from the opposition that the same be done at the provincial level. Given the lack of answers at the national level, some opposition legislators traveled to Brazil in October of this year to ask the prosecutors of the Lava Jato case to investigate the link between the Brazilian company in the payment of bribes in the framework of the bidding process in 2008 for the construction of trunk pipelines.

In this way, between marches and counter-marches, the balance of 2017 in relation to the trunk gas pipeline project throws little light and many shadows and suspicions in relation to the transparency and execution of the project. Not only because of the never entirely clear fall of Chinese financing at the beginning of the year but also, and above all, because of the way the provincial government has handled the involvement of the construction company Odebrecht in the work and the numerous causes of corruption that splash throughout Latin America and even in Argentina itself. Although the government of Schiaretti has detached the company from any kind of connection with the possible delivery of bribes and corruption in the bidding of the work (even with the support of the national government of Macri itself that has initiated a kind of “Crusade” against the Brazilian company for its actions in the country during the Kirchner government), the truth is that the year that ends leaves many questions and aspects not clarified about the project.

Undoubtedly, 2017 has left a huge debt outstanding in terms of transparency and accountability in relation to this strategic and emblematic project for Córdoba. From FUNDEPS, we expect this debt to be paid in 2018.

More information

– Working Document: Transparency in the gasification project of localities in the interior of the province of Córdoba by Melanie Mackenzie – December 2017. FUNDEPS.

– Notes and publications of FUNDEPS in relation to trunk gas pipelines.

–  Main gas pipelines in Córdoba: a work that advances in the shadow of corruption by Agustina Palencia – December 2017. El Entramado. FUNDEPS.

Image source

La Voz del Interior

Authors

Macarena Lourdes Mustafa / Voluntaria del Área de Gobernabilidad Global

Gonzalo Roza / Coordinador del Área de Gobernabilidad Global

Contact

Gonzalo Roza / Coordinador del Área de Gobernabilidad Global

gon.roza@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”

Currently, the Latin American region has witnessed a resounding change in the area of ​​large investments for development. Traditionally, international financial institutions (IFIs) played a fundamental role in supporting development projects in the region. The World Bank Group and the Inter-American Development Bank Group were behind the large investments in the infrastructure area.

This situation has been modified by the increase in the presence of the People’s Republic of China as the main investor in this matter. In this regard, it is necessary to highlight that this situation has brought about a strong discussion regarding social and environmental standards. Traditional IFIs have regulations that, while far from functioning properly in practice, minimally seek to ensure compliance with certain environmental, social and human rights standards in their projects. In the case of Chinese institutions, on the contrary, the situation is more complex, since in most cases these institutions lack transparency or clear and robust regulations in socio-environmental matters.

The consequence of the coexistence of these two groups of institutions – the traditional IFIs and the Chinese ones – has given a negative balance and this has been evidenced in the retreat of the safeguards in organisms such as the World Bank. In this sense, the current financing structure in Latin America has seen its standards fall, generating serious situations of violation of rights when launching large infrastructure projects. During 2016, 200 environmental defenders lost their lives claiming their rights before the advance of major oil and mining projects. 60% of those deaths occurred in Latin America and 40% belonged to indigenous peoples.

From this framework, the Regional Coalition for Transparency and Participation, brought together a group of civil society organizations with the aim of influencing the improvement of socio-environmental standards in infrastructure megaprojects. At the Fourth Regional Meeting on Human Rights, Transparency and Investments, held in Lima on August 30 and 31, the organizations gathered spoke for the urgent need to ensure the rights of environmental defenders. Likewise, the growing cases of corruption around the megaprojects and the lack of access to public information were highlighted.

The statement after the meeting noted that: “several governments have been addressing the right of access to public information as a mere administrative procedure, without taking into account that it is an instrumental human right to other fundamental rights, such as the right to life, to health, to freedom of expression, which contributes to the adequate and timely citizen participation and free and informed prior consultation. In this line, it is worrying that several international initiatives on transparency and access to information can not continue to advance adequately because there is a risk that we seek to lower the standards, as in the case of the Regional Agreement of Principle 10.” The large infrastructure projects then, today remain the scenario for the problematization of issues such as transparency and accountability.

Several governments in Latin America have joined the Open Government Partnership (OGP) and have therefore committed to implementing policies that promote transparency, access to information, accountability and participation. citizen This necessarily implies that these efforts to ‘open the State’ must expand to the environmental and infrastructure branch. Currently this is a pending debt and of the 3000 commitments assumed before OGP, only 54 belong to the field of infrastructure. Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Mexico, Panama and Uruguay are the Latin American and Caribbean nations that have elaborated goals in relation to this matter. However, the problems persist and the situation of human rights around the megaprojects has been getting worse. In addition, after the Fourth Meeting of the Regional Coalition, it was highlighted that “it is important that the processes for the elaboration of the Work Plans of the Alliance for Open Government of the countries be truly participatory and with ambitious, measurable and relevant “. This is especially important when it comes to achieving the involvement and monitoring of society in public works processes (throughout the project cycle).

In Argentina this reality is replicated. Currently, large infrastructure projects are being developed that have been involved in corruption cases and whose information was not shared with citizens. We can mention among them: the hydroelectric dams in the Province of Santa Cruz and the trunk gas pipelines in the province of Córdoba.

The generalized situation of human rights around infrastructure megaprojects is alarming. There continue to be numerous cases in which nearby communities are harmed by this type of work. Added to this, the killing of environmental defenders has worsened in the last two years. In this context, we adhere to the Lima Declaration and urge Latin American governments to move towards more transparent policies on this issue.

More information

– Declaration of Lima

Author

Agustina Palencia, agustinapalencia@fundeps.org

Contact

Gonzalo Roza gon.roza@fundeps.org

On Thursday 26 May, FUNDEPS and other 68 civil society organizations from different countries, signed a letter asked World Bank management to maintain transparency throughout the ongoing review of its environmental and social policies.

Transcurridos cuatro años desde el inicio del proceso de revisión, el Banco Mundial no ha dejado claro en qué momento se hará público el borrador de su nueva política de salvaguardas. Esto impide que la sociedad civil pueda observar el borrador final antes de la deliberación final del Directorio para su aprobación, a pesar que en los últimos años muchos de estos actores aportaron sus percepciones y recomendaciones al procedimiento.

El pasado jueves 26 de mayo, en una carta enviada al Directorio Ejecutivo del Banco, 69 organizaciones – incluyendo a FUNDEPS – demandaron que el borrador final del Nuevo Marco Ambiental y Social sea divulgado públicamente de manera previa a la deliberación de su aprobación por parte del Directorio. Lo cual resultaría consistente con la Política de Acceso a la Información del Banco. La carta enfatiza que la nueva política de salvaguardas tendrá una enorme implicancia en  el nivel de protección de los derechos humanos y la integridad medioambiental en todos los proyectos de desarrollo financiados por la Institución. Muchas de las cuestiones que se debaten en esta revisión son centrales en la agenda de desarrollo global actual, incluyendo el derecho a la tierra, la protección de los bosques y los hábitats naturales, el cambio climático, y la no discriminación e inclusión.

Esperamos recibir una respuesta satisfactoria de la Institución, ya que la divulgación del borrador de manera previa a su consideración por el Directorio dotaría de mayor transparencia a un proceso que fue fuertemente criticado desde sus inicios por parte de la sociedad civil. Para acceder a la carta enviada al Banco (en inglés) acceder aquí.

Más información:

Contacto:

Gonzalo Roza – Coordinador del Área de Gobernabilidad Global

gon.roza@fundeps.org