The V Regional Forum on Business and Human Rights in Latin America and the Caribbean, which was held virtually on this occasion, focused mainly on the vulnerabilities that were deepened by the current situation of the COVID-19 pandemic in the region.

“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”.

From September 7 to 11, the V Regional Forum on Business and Human Rights for Latin America and the Caribbean was held virtually. The objective of this Forum is to host governments at all levels, companies, NGOs, indigenous communities and other civil society organizations in the same space with the aim of functioning as a means for dialogue between these actors.

The Regional Forums have become a key space in Latin America and the Caribbean, and in other regions of the world, so that the aforementioned actors can exchange visions and information on new business practices, legal systems, economic development plans and others. activities that can affect the human rights of different people or groups, report on these events and find solutions in a joint way, covering all spaces of society.

In the wake of the COVID-19 pandemic, this year’s Forum paid special attention to those vulnerabilities that were deepened by the current situation; those people or communities that were already in unfavorable situations, and that, due to the global pandemic, their situation has worsened. The challenges that arise in this complex and unforeseen scenario must be addressed in a comprehensive manner and with all actors in society, from companies and governments to civil society and local communities, in order to overcome this crisis in an economically viable way. and environmentally sustainable.

The task in the post-pandemic will be to recover the standards of living lost during this year, especially due to the loss of employment, at the same time that the productive matrix and the business practices of the countries are reformulated towards a more sustainable and friendly one with the human rights. One of the instruments that can be implemented to achieve this objective are the “United Nations Guiding Principles on Business and Human Rights”, also known as “Ruggie Principles”, drawn up in 2011 within the framework of the UN.

Broadly speaking, these 31 principles can be summarized in three pillars:

  • The duty of states to protect and safeguard human rights and freedoms.
  • The corporate responsibility to respect these rights.
  • Access to damage repair mechanism.

Currently, within the framework of the UN, negotiations and meetings are being carried out to carry out a legally binding international treaty on the responsibility of transnational companies for the human rights of the communities where they carry out their activities. This year, the treaty is in a sixth instance of review that will be discussed at the 9th annual UN Forum on Business and Human Rights, which will take place virtually from November 16 to 18.

We hope that the negotiations underway will culminate in a fruitful agreement for all the actors and above all with an agreement and correct implementation, which is not only limited to good intentions but also really serves to improve the relationship between business activity, the environment environment and local communities.

In turn, there are other general guidelines that can be followed and implemented to achieve the post-pandemic objectives, such as the “OECD Guidelines for Multinational Companies” or the “Tripartite Declaration of Principles on Multinational Companies and Social Policy” of the International Labor Organization (ILO).

Regional forums such as the one held in September, or those of a global nature such as the one to be held in November, constitute key spaces. Not only to advance the aforementioned initiatives underway, but also to deepen dialogue and promote greater articulation between the different actors involved in the processes aimed at ensuring greater promotion and protection of human rights by the private sector.

Through a virtual meeting, the Board of Governors of the IDB elected the North American candidate, Mauricio Claver-Carone, as president of the Bank.

“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 September 12, the members of the IDB Board of Governors met virtually to elect Mauricio Claver-Carone as the new president of the Bank for the next 5 years. Despite the fact that at the beginning of the election process several candidates presented themselves, the pressure exerted by the United States led the candidate Laura Chinchilla from Costa Rica to step down and later, one day before the elections, the Argentine candidate did, Gustavo Béliz. The strategy of not giving a quorum in the election planned by some of the countries in the region opposed to the North American candidate and the break with the historical tradition in the presidency of the IDB also failed.

Claver-Carone will replace Luis Alberto Moreno on October 1 of this year and will be the fifth president of the Bank. In addition, he will be responsible for the operations of the IDB Group, that is, the IDB, IDB Invest and IDB Lab. The president-elect serves as Deputy Assistant to the President of the United States and Senior Director of Western Hemisphere Affairs in the Security Council of The US was also the US Representative to the IMF and Senior Advisor to the Under Secretary for International Affairs in the US Department of the Treasury.

For a candidate to be elected president of the IDB, they must receive the majority of the total votes of the countries that are members of the IDB (48 member countries in total) and the support of at least 15 of the regional member countries (with Canada and USA the total of regional member countries is 28). In this case, Claver-Carone won with 67% of the shareholders in total and with the support of 23 of the 28 members of the region. The president is elected by the Board of Governors, the highest authority of the IDB. Each member country of the Bank has a Governor whose voting power is proportional to the capital that his country has in the IDB. Governors are generally the finance ministers, central bank presidents, or other public officials of member countries.

From civil society organizations, last month we issued a statement to the Bank’s Governors where we expressed our concern about the presidential elections of the Institution, the rejection of the nomination of the North American candidate and the lack of opening of the election process since the participation of social organizations and communities was considered. In the statement, we also highlighted the conditions that the new president should have, such as:

  • Strong commitment to multilateralism.
  • Extensive experience and knowledge of the context of Latin American and Caribbean countries.
  • Clear commitment to transparency, accountability and the participation of all communities and civil society in the Bank’s actions.
  • Knowledge and experience in development agendas that show a commitment to the public interest, the protection and promotion of human rights, gender equality, the need to quickly face the effects of climate change and implement a sustainable development model focused on indigenous peoples and communities.

What remains to be known is whether the president-elect, Mauricio Claver-Carone, meets all the aforementioned conditions and whether he will be able to distinguish himself from the presidency of Luis Alberto Moreno, marked by the lack of dialogue with civil society and affected communities. Will Claver-Carone be capable of opening spaces for dialogue with civil society and communities as well as responding adequately to the demands of Latin American and Caribbean countries in the context of the economic, social and climate crisis they are experiencing?

More information

Author

Sofia Brocanelli

Contact

Gonzalo Roza, gon.roza@fundeps.org

In June, Deputy Leonardo Grosso (Frente de Todos) presented before the Chamber of Deputies of the Nation, a bill of minimum environmental protection budgets for the handling and application of agrochemical products. Specifically, it seeks to prohibit “all aerial applications of agrochemicals and terrestrial, manual or mechanical, of agrochemicals within one thousand five hundred (1,500) meters of urban areas, permanent housing, rural schools, human settlements, beekeeping plants, production and industrialization of animal products; rivers, streams, lagoons, courses, mirrors, reservoirs, dikes and water wells ”.

“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 importance of said bill, among other assumptions, starts from the basis of establishing a standard of minimum budgets which grants a uniform or common environmental protection for the entire national territory, and aims to impose necessary conditions to ensure environmental protection . The normative text is part of the State’s duty to preserve the human environment to the extent that it houses the health of citizens and safeguards their quality of life, which should configure its main objective (41 of the CN) and that in turn, it has been accepted by the General Environmental Law within the framework of the principles of environmental public policy.

Among the most notable aspects of the project the following can be mentioned:

Establishes minimum distances for the application of agrochemicals: art. 2 of the project prohibits the application, handling and storage of agrochemicals in urban areas and the obligation to establish a minimum distance of 1500 meters from urban areas, permanent homes, etc. It also establishes that in the event of a reasonable doubt about the delimitation of the environmental protection area, it will be the obligation of the person who is going to apply the agrochemical to request the delimitation of the prohibited area.

Regarding environmental damage, in art. 5 of the project, has an important forecast around responsibility. Thus, it presumes, unless proven otherwise, that whoever applies the agrochemical within the area of ​​environmental protection is responsible for the collective environmental damage caused. Likewise, it provides for a system of joint and several liability (jointly) of all the people who intervened in the application of the product, including the producers, usufructuaries, tenants, and any other person responsible for the property on which the product is applied. Said responsibility is extended in turn to the competent authorities that have not acted in a diligent manner when applying the law. Furthermore, the law obliges the latter to apply any ex officio measure tending to comply with the regulations.

From the content of the normative text arises, even if not expressly, the orientation of the rules arranged from the precautionary principle, cardinal in the environmental law microsystem. This establishes that the absence of scientific information will not be a reason to postpone the adoption of effective measures to prevent the degradation of the environment in the face of a danger of serious or irreversible damage, in this situation and in the event of a hypothetical negative impact on the environment and the health of The population due to the exposure of agrochemicals should apply this principle, and restrict or regulate its use in such a way as to prevent any harmful impact.

The initiative is important because it makes visible the problems posed by the use and application of these products indiscriminately and allows us to discuss this aspect of the problem, which until now has been casuistically resolved by numerous local courts, guaranteeing safe application distances. Argentina leads the world ranking in terms of the amount of glyphosate used in its agricultural production and there are no doubts about the toxic, acute and chronic effect that agrochemicals have on the health of the population in particular and the environmental impact at a general level. It is therefore essential that the State, within the framework of its powers, issue public policies aimed at defending the environment, thus guaranteeing respect for a fundamental human right such as health.

Link to the bill

Author
Maria Canedo

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org 

On July 15, the Ninth Nomination Chamber of Civil and Commercial Appeals of the city of Córdoba resolved to nullify the first instance ruling and allow the placement of fences in the Los Paredones stream in the town of Alta Gracia. In the same cause, with the group Todos Por Nuestro Arroyos, we request in 2018 to participate as interested third parties.

“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 July of this year, the Chamber of Appeals in Civil and Commercial matters of the 9th nomination issued a judgment in the proceedings entitled “El Potrerillo de Larreta S.A against Province of Córdoba-Ordinary-contentious administrative claim of full jurisdiction-precautionary”. The court decided to annul the judgment of first instance, admitting the demand of the Country Club Potrerillo de Larreta and consequently allowing the enclosure of the Los Paredones stream in that sector corresponding to the undertaking.

In the framework of this cause, together with the group of neighbors Todos por Nuestro Arroyos, we requested in 2018 the participation as interested third parties. The request had and is intended to be able to participate in the judicial process, allowing us to contribute elements that we consider relevant for its resolution. However, as of this date, said request continues without being resolved.

After almost two years have passed, the delay in processing and resolving the incorporation of Fundeps and the group Todos por Nuestro Arroyos in the case constitutes a barrier that restricts adequate access to justice while violating the guarantee of effective judicial protection . While we wait together with the community for acceptance to be part of the process, the case continues with its processing, a second instance having already been resolved and with the possibility of a final resolution, without being able to be heard those who have legitimate interests in participating.

Contact

Juan Bautista Lopez, <juanbautistalopez@fundeps.org>

In a live Instagram, we play and reflect together with Activating Rights on issues related to Comprehensive Sexual Education, such as gender stereotypes, micro-chauvinism, relationships, ties, consent, among others.

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Last Thursday, September 10, we carried out an activity on Instagram together with the “Activating rights” team for Sexual and (non) Reproductive Rights, in order to learn about their activities and share different experiences on the implementation of Law 26,150 on Education Integral Sexual in educational institutions, in a fun and psychopedagogical way.

From the current context generated by the pandemic, new ways of teaching-learning are proposed through virtuality. These new ways challenge not only teachers and students, but also families. It is at this new juncture that ESI is problematized and thought as part of the curriculum and as essential as the right of children and adolescents. However, its implementation today continues to be hampered within many institutions.

“Chomaso that they speak for you”

The meeting took place on InstagramLive and was carried out with a game -tutti frutti- based on topics of interest that emerged from a survey that we had distributed among young people. The categories we played with were: insults based on sexual orientation or gender identity; forms or types of sex-affective relationships; strategies to reject someone who insists on looking for you; things that should not happen in a sex-affective bond and LGBTTTIQ + cultural consumption. These sections gave rise to the conversation among those who broadcast the live, who while receiving the responses from the public developed a brief analysis of each proposed word.

After going through several letters, from Activating Rights they shared some reflections on their work and the experiences within the workshops that they carry out in schools together with children and adolescents. The team works with young people in different educational institutions from a rights perspective and with a gender perspective, generating collective and non-adultcentric spaces, where they can express what they think and feel, developing in an environment of informality and trust.

The importance of articulating

These learning and exchange spaces are enriching and collaborate with the promotion and implementation of a fundamental right for young people, giving place to the protagonists to appropriate them and be an active component of their own learning.

More information

To learn more about Activating Rights, follow their networks: Facebook  – Instagram

Authors

Josefina Gelid

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

The amicus curiae presentation made by CELS in a federal public interest case was rejected by the lower court and by the Appeals Chamber. His request to be considered a friend of the court reached the Supreme Court, so we request that the case be opened to amicus.

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On September 10, we presented a request to the Supreme Court of Justice of the Nation to open the call for amicus curiae in the case “Argentine Chamber of Medicinal Specialties and another against the National State Ministry of Industry of the Nation and others s / Nullity administrative act ”. In said process, where the controversy concerns the regulation of the conditions for the patentability of chemical-pharmaceutical inventions, the Center for Legal and Social Studies (CELS) requested participation as “amicus curiae”. This in the understanding that there is an intimate relationship between the right to health, and access to medicines under conditions of equality, and the criteria for patentability. However, this request was denied both in the first instance and in the Federal Civil and Commercial Chamber.

The rejection was based on the absence of regulation of the procedural figure in lower instances than the Supreme Court and the lack of expertise of the CELS on the merits of the case. However, the jurisprudential antecedents show that this is not an impediment to admit the participation of the friends of the court. On the other hand, the reason why CELS requests participation in the cause lies in the public interest and the fundamental rights committed, a subject in which it has a recognized track record.

In our request we state that the intervention of the amicus curiae can contribute to an improvement in the jurisdictional activity of matters of public interest and to a democratization of the judicial debate. The denial of CELS as amicus curiae in all procedural instances obstructs the possibility of reaching a more democratic and transparent decision.

The decision made by the Court in this instance may mark a jurisprudential guide for similar cases. That is why this presentation constitutes a good opportunity for you to establish a broad criterion for the admission of this figure and for citizen participation in judicial debates of public interest to begin to be the rule and stop being the exception.

Author

Barbara Juarez

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

Unanimously, on September 3, the Argentine Senate approved the entry of our country to the Asian Infrastructure Investment Bank -AIIB, for its acronym in English-. All that remains is the vote of the Chamber of Deputies to make the incorporation effective.

“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”.

Argentina is one step away from becoming a member of the Asian Infrastructure Investment Bank -AIIB- since by means of a unanimous vote, 69 affirmative votes, the Argentine Senate approved the entrance of our country to the institution. Now the Chamber of Deputies needs to deal with the entry project.

Argentina’s intention to be part of the Bank dates back to the administration of Mauricio Macri, where in the first ‘One Strip and One Route for International Cooperation’ Forum held in 2017, he affirmed the country’s intention to be part of the AIIB. That same year, the AIIB Board of Directors approved Argentina’s entry into the institution.

From the region, Ecuador and Uruguay are already members of the AIIB. On the other hand, Bolivia, Chile, Peru, Venezuela and Brazil have requested access to the organization. The Senate of the latter also approved his entry, however he joined as a founding member because he is part of the BRICS and all the founding countries of this bloc enjoy that status.

The AIIB was born in 2015 at the initiative of China, but began operating in January 2016. It currently has 102 members from different regions of the world. It is a multilateral financial institution that, through investments in infrastructure, fosters sustainable economic development, creates wealth, and improves connectivity in infrastructure, promoting regional cooperation with multilateral and bilateral development institutions. The Bank’s strategy is based on the Lean, Clean and Green concept in which it seeks to be efficient, agile, ethical and respectful of the environment and social rights. In addition, the financing to the countries is carried out through public capital and private investments and its financial operations are based on granting credits, guarantees and participations.

Since it began operations, the AIIB has already financed 138 infrastructure projects, between completed projects and projects in progress. In addition, the agency’s invested capital reaches $ 31 billion, which includes approved and requested projects. The sectors in which this organization invests are energy, transportation, telecommunications, infrastructure in rural areas, agricultural development, urban development, water supply, health services, environmental protection, logistics, among others.

Joining the AIIB gives our country the possibility of accessing financing from a new multilateral organization for infrastructure works in the energy sector, transportation and urban reforms, for example. Also, SMEs and other productive sectors could access Bank financing. Finally, another point to note is that this organization provides loans at low interest rates and without economic and political conditions, unlike traditional multilateral organizations such as the IMF.

Also, the bill approved by the Senate enables the Central Bank to access up to 50 capital shares, with a value of 100,000 dollars each, according to the registration admitted by the AIIB for the incorporation of a member country. A part of these shares, specifically 40, correspond to the callable capital and the remaining shares correspond to the capital to be integrated.

The strengthening of the relationship between our country and the People’s Republic of China is intensifying and among its causes, in addition to the partial approval of Argentina’s admission to the AIIB, there is also the strengthening of the Comprehensive Strategic Association with the Asian country, the donation and provision of health supplies in the fight against Covid-19, the progress to test the Chinese vaccine in the Argentine population and the negotiations that are being carried out to make effective the entry of Argentina to the Initiative of the Route and the Silk and the construction of the fourth atomic power station. Therefore, an even stronger tightening of cooperation between the two countries is expected.

On Friday, August 21, the first virtual discussion on Legal Interruption of Pregnancy, Pandemic and Telemedicine was held together with the Network of Health Professionals for the Right to Decide. This meeting aimed to review the current regulations, socialize the different challenges that arise when implementing the ILE during the pandemic, the limitations that health professionals face and the advantages of Telemedicine.

“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 current context of the pandemic, the WHO has ruled that different health practices are “essential services”, such as systematic vaccination, treatment of chronic diseases, and sexual, reproductive and non-reproductive health services, among which includes care during pregnancy, childbirth and the Legal Termination of Pregnancy. The national health authorities and various specialized health institutions did the same. However, the lack of information and measures by the competent authorities, together with the absence of a clear legal framework, make it difficult for health professionals to be able to effectively comply with ILE practices, and for pregnant people to exercise rights that, in the current health situation, require special attention in order to avoid their subjugation.

In the meeting, in which a total of 40 health professionals participated, they spoke about the legal framework under which the practice of Telemedicine is governed in Córdoba and Argentina in general, in the particular context of the pandemic and independent of it, practical examples and parallels with international regulations were given. The instance also served to share different experiences experienced by professionals, who highlighted the importance and need of spaces for the exchange of tools, information and updating of regulatory knowledge for the exercise of practices in a safe way, both for patients and professionals of the intervening health.

Presentation of the booklet “Aborting with rights during the pandemic: Legal Interruption of Pregnancy as an essential service”

Fundeps presented at the meeting a document that develops the technical and legal aspects that must be considered when guaranteeing the Legal Interruption of Pregnancy during the crisis generated by the coronavirus, with references to protocols and recommendations prepared by the World Health Organization and other health institutions. It also contains a section on the use of telecare to attend to these practices, considering the modifications recently promoted by the pandemic. The document is a synthesis of the updated information for the attention of the ILE, following the principles of risk reduction and resource optimization.

Knowledge exchange as a fundamental tool

We celebrate these instances of training and exchange with different actors involved in the realization of human rights, as in this case, health professionals. Meetings like this are essential for these health practices to be carried out without risk or fear and in a complete, informed and safe way.

Authors

Irene Aguirre

Luz Baretta

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

Through a statement addressed to the Governors of the Inter-American Development Bank, civil society organizations, peasant communities, indigenous peoples and Afro-descendants and people with disabilities in Latin America and the Caribbean, we express our concern regarding the presidential elections of the Institution. In particular, we express our rejection of the decision of the United States government to present a North American candidate to preside over the Bank, and of the election process itself, which does not give rise to the participation of social organizations and communities.

“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 September 12 and 13, the Inter-American Development Bank -BID- will elect a new president who will replace Luis Alberto Moreno, after 15 uninterrupted years of management. The elections will take place through an extraordinary meeting of the Board of Governors to be held virtually. Different countries in the region have nominated candidates, such as Argentina, which nominated Gustavo Béliz, and Costa Rica, Laura Chinchilla. However, what is causing concern in the current IDB presidential selection process is the nomination by the US of candidate Mauricio Claver Carone. This, in addition to going against the unwritten IDB rule that the Institution must be led by a Latin American representative, threatens the decision-making capacity of the Bank’s borrowing countries, given that the United States has the highest percentage of capital and votes within the Institution.

In a context marked by the crisis of multilateralism that the world is going through; the socio-ecological and climatic crisis that has a particularly serious impact on Latin America; the historical problems of inequity, inequality and poverty in the region; and the economic, social and health impacts and repercussions that the Covid-19 pandemic is generating, the transition in the presidency of the IDB is key for the future of the region.

Therefore, today more than ever the IDB requires a qualified leader who is capable of critically positioning himself with regard to the role that the Institution plays in the face of the complex panorama that the region is experiencing, and who is predisposed and capable of promoting a model different development. In this sense, the person appointed to the presidency of the IDB should necessarily meet a series of requirements that include, among others, the following:

  1. A clear and express commitment to multilateralism, at a time when the legitimacy of international institutions is being questioned and attacked;
  2. Extensive experience and knowledge of the reality of the countries of the region and the challenges they face in the current context;
  3. A clear commitment to transparency, accountability and the participation of communities, indigenous peoples and civil society in the actions of the Institution;
  4. Knowledge and experience in development agendas that reflect a commitment to the public interest, the protection and promotion of human rights, gender equality, the need to immediately face the effects of climate change and to bet on a model truly sustainable development focused on communities and indigenous peoples.

At the same time, the statement, to which more than 50 organizations joined, emphasizes that the election must go beyond voting and open spaces for dialogue between candidates and civil society and communities. After 15 uninterrupted years under the leadership of a presidency that impregnated particular characteristics, and in many cases questionable, the management and actions of the Bank, a unique opportunity is presented to learn more about the positions and proposals of the different candidates. facing the concerns and demands of communities and civil society; and in relation to the prevailing context in the region.

We hope that the IDB will rise to the current circumstances and take advantage of this opportunity to ensure that whoever becomes president of the Bank is truly the most qualified and appropriate person to lead it in the face of the complex moment the region is going through.

More information

Contact

Gonzalo Roza, gon.roza@fundeps.org

Through a statement addressed to the Governors of the Inter-American Development Bank, civil society organizations, peasant communities, indigenous peoples and Afro-descendants and people with disabilities in Latin America and the Caribbean, we express our concern regarding the presidential elections of the Institution. In particular, we express our rejection of the decision of the United States government to present a North American candidate to preside over the Bank, and of the election process itself, which does not give rise to the participation of social organizations and communities.

The following primer develops the technical and legal aspects that must be considered when guaranteeing the Legal Interruption of Pregnancy during the crisis generated by the coronavirus, with references to protocols and recommendations drawn up by the World Health Organization and other health institutions. It also contains a section on the use of telemedicine to attend to these practices.

On Tuesday, August 5, we sent the IDB a new document with observations and comments on the second draft of the Environmental and Social Policy Framework from a gender perspective.

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 December 2019, the Inter-American Development Bank -BID- published the draft Environmental and Social Policy Framework -MPAS- to modernize its environmental and social policies. In January of this year, the face-to-face and virtual public consultations began, where Fundeps was present. In April, we sent a document with comments and observations on the draft MPAS from a gender perspective, which had the input of other civil society organizations. In this document we point out, above all, the lack of mainstreaming of the gender perspective in all the performance standards of the draft MPAS.

At the beginning of July, the Bank published the second draft of the MPAS in which it incorporated some of the recommendations sent by stakeholders (civil society, indigenous communities, Afro-descendant community) and began the second phase of the process for sending comments that It ended on Tuesday, August 5. From Fundeps, we analyzed this second draft of the MPAS and sent a new document with observations and comments from a gender perspective, with the aim of incorporating issues that we consider fundamental when considering the human rights of girls, adolescents, women and LGTTTBIQ + people. in the new social and environmental framework of the IDB.

Among the main points identified, we find positive aspects that have been incorporated as the reference to the Performance Standard -ND- 9 on gender equality in PS 1 (Evaluation and Management of Environmental and Social Risks and Impacts), PS 2 ( Labor and Working Conditions), PS 5 (Land Acquisition and Involuntary Resettlement) and PS 10 (Stakeholder Engagement and Disclosure of Information). Another aspect to highlight is the incorporation of ILO Convention 190 against violence and harassment in the workplace and Convention 100 on Equal Remuneration.

However, there are still many aspects to be incorporated that we believe are essential to guarantee gender equality and the mainstreaming of the gender perspective in the projects financed by the Bank. Among the necessary issues to be added to the new MPAS is the Bank’s duty to explicitly and transversally incorporate current and future international Treaties, Agreements and Conventions that contemplate the rights of girls, adolescents, women and LGTTTBIQ + people. In addition, the Bank as the main person in charge must mainstream the gender perspective throughout the Framework to avoid gender blindness.

A worrying issue is the replacement of the Policy on Gender Equality in Development by PS 9. Here the Bank should maintain the validity of the Policy as a complement to PS 9 on Gender Equality. Finally, we emphasize the need for the IDB to incorporate the great diversity of gender-gender identities, since the MPAS does not mention LGTTTBIQ + people, but rather identifies them as sexual and gender minorities. Therefore, we insist that LGTTTBIQ + people are specifically enunciated to ensure visibility and recognition of their existence and rights.

More information