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UN Committee ends report on Economic, Social and Cultural Rights in Argentina

The United Nations Committee on Economic, Social and Cultural Rights concluded on September 28 the fourth report of Argentina on the implementation of the International Covenant on Economic, Social and Cultural Rights.

After an interactive dialogue with the Argentine delegation, the Analysis Committee was integrated The report was presented by the State and also the information by civil society organizations through the shadow reports.

“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”

Main conclusions

One of the central issues addressed by the Committee was the financial crisis, because in a context where poverty rates continue, policies to reduce social programs have been implemented, deepening the vulnerability of some social groups. The Argentine State was also questioned about the situation faced by its government institutions, the degradation of some ministries to secretariats, and about the appointment of the Ombudsman.

On the other hand, he expressed his concern for the repression of social protest and access to the land of native peoples. In addition, although the Committee congratulated the adoption of the Gender Identity and Equal Marriage Law in the country, it drew attention to the lack of access to work and harassment in the educational system for LGBTI people, people with disabilities, migrants and women. He also asked the State about youth unemployment, informal work, and several issues related to education (school dropout, sexual and reproductive education and teaching of native languages).

Find more information on public education and comprehensive sex education.

Equality between men and women

Argentine women are affected by the unpaid work of family care, the low rate of labor participation, lack of universal provision of social services and low representation in senior positions in various sectors (particularly justice and the private sector). Therefore, the Committee recommends strengthening legislative provisions and public policies with assigned budgets, aimed at achieving equal rights for men and women, including a public system of comprehensive care, the implementation of measures against social stereotypes that affect women and the promotion of reconciliation policies between work and family life.

On equal opportunities for women and LGBTI people in media organizations, you may be interested in the following link.

Sexual and reproductive rights

Regretting that the bill of voluntary interruption of pregnancy was not approved, the Committee highlighted the high numbers of dangerous abortions in Argentina

and the obstacles to access to abortion in the causes foreseen by the current law, such as the lack of adequate medicines and the negative impact of conscientious objection by health professionals. He also highlighted the lack of a normative and institutional framework to guarantee adequate health services for intersex people.

Among its recommendations in this area, are the provision of contraceptive methods throughout the territory, as well as the adoption of effective measures for the effective implementation of the causes of non-punishable abortion in all provinces – under the provisions of the FAL ruling – and access to medications that allow a safe pregnancy termination. It also recommended the regulation of conscientious objection in order not to obstruct the rapid and effective access to abortion, with dignified treatment by health professionals for patients seeking access to abortion services, as well as not criminalizing women who resort to abortion. practice. Finally, it recommended adopting a normative and institutional framework to guarantee adequate health services for intersex people.

Violence against women

The Committee is concerned about the seriousness of violence against women and girls, with 251 femicides in 2017, despite some progress (such as the inclusion of the figure of femicide in the Criminal Code and the law of Integral Protection). For this, he urged the State to consider the needs of victims of gender violence in the judiciary, to implement free and specialized sponsorship services for women and to improve measures to guarantee the investigation, punishment and reparation of acts of violence , in order to achieve full protection for women and their children.

Feeding

On this point, the Committee regretted the absence of an explicit constitutional recognition and protection of the right to food, the lack of implementation of the Family Agriculture Law No. 27,118, budget and personnel cuts in the family agriculture sector and the increase of people who depend on school and community dining rooms.

He also expressed concern about the increase in the rates of overweight and obesity, the absence of state measures to reduce the consumption of sugary drinks and the lack of adequate regulation to restrict the advertising of unhealthy foods.

In this sense, its main recommendations were to adopt a normative framework that expressly recognizes the right to food and that guides public policies that ensure a healthy, nutritious and sufficient diet, especially for disadvantaged groups. This includes ensuring the effective implementation of the Family Farming Law and taking effective measures to discourage the consumption of foods and beverages harmful to health. At this point, it was even recommended to increase the tax on sugary drinks, strengthening the regulation of the Argentine Food Code in terms of front labeling of foods, including information on sugar in the products, and implement restrictions on the advertising of food and drinks harmful to health, particularly those intended for children and adolescents.

Learn more about food labeling and consumption of sugary drinks.

Health and tobacco use

The high consumption of tobacco has a great negative impact on the health of people in Argentina. The regulation of taxes on tobacco is insufficient and the regulation on advertising campaigns is precarious, so the Committee recommended to our State to adopt more robust measures for the prevention of consumption. Among these, mention is made of the tax increase at a level sufficient to have a deterrent effect on tobacco consumption, the prohibition on advertising, and information campaigns on the negative impact of tobacco on health, with emphasis on the protection of tobacco products. children and youth

In addition, he urged the State to ratify the WHO Framework Convention on Tobacco Control and to adjust the internal regulations on the advertising of tobacco products to the standards established in this Agreement.

Here you can read more about the tobacco control framework agreement.

Mining and the environment

The use of certain unconventional methods of exploitation of hydrocarbons, such as fracking, and the local impact of these forms of exploitation were another concern of the Committee. In particular because of the negative impact they can have on the environment, water and health. Therefore, the country was recommended to adopt a fracking regulatory framework that includes assessments of its impact in all provinces, prior consultations with affected communities, and appropriate documentation of its effects on air and water pollution, emissions radioactive, the risks to health and safety at work, the effects on public health, noise pollution, light and stress, seismic activity that can trigger, threats to agriculture and soil quality, and to the climate system.

Agriculture, healthy environment and health

The increase in the use of pesticides and herbicides that include glyphosate is worrisome, despite the serious adverse impacts on health and the environment of many of them, indicated as probably carcinogenic by the International Agency for Research on Cancer (IARC). ) of the World Health Organization.

In this regard, the Committee recommended that Argentina adopt a regulatory framework that includes the application of the precautionary principle regarding the use of harmful pesticides and herbicides, particularly those that include glyphosate, to prevent negative health impacts from its use and in the degradation of the environment.

On the application of agrochemicals, you may be interested in the following link.

 

Writer: Mayca Balaguer

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Escazú Agreement: An opportunity to guarantee the application of Principle 10 in LAC

“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

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Discussion on “Transparency and Accountability”

On Wednesday, October 3, the “Transparency and Accountability” Conversation will be held at The Tech Pub located at Velez Sarfield 576 – 5th floor, City of Córdoba.

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

Admission is free and with limited requirements, to attend you must complete the form by clicking here

The conversation has two panels in which there are several topics, among them:

  • Access to information and environmental justice
  • Public-private partnerships
  • Transparency in the penitentiary system
  • Open Government

The people who will speak will be:

  • Leandro Gómez – Environment and Natural Resources Foundation (FARN)
  • Valeria Enderle – Environmental Culture Foundation Causa Ecologista (CAUCE)
  • Fabiola Cantú – Latin American Center for Human Rights (CLADH)
  • María Gabriela Larrauri – Civil Association for the Construction of an Open Government (AGA)
  • Melisa Gorondy – Federal Institute of Government (IFG)

We will wait for you!

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We urge the accession of Argentina to the Escazú Agreement

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

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Reporting to the DESC Committee

In collaboration with other civil society organizations, we made several reports to the Committee on Economic, Social and Cultural Rights (DESC) for its session No. 64. Through them we intend to bring critical observations and recommendations on issues related to DESC that have been part of the work agenda of our organization, and so give an update of the report presented at the instance of sessions of the Preparatory Working Group, in 2017.

“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 has ratified the International Covenant on Economic and Cultural Rights (PIDESC), committing itself to comply with the obligations derived from this pact. The ICESCR, like other human rights treaties, establishes a set for monitoring its level of compliance: the Committee on Economic, Social and Cultural Rights (CESCR). In this sense, the Supreme Court has recognized this committee as an “authorized interpreter” of the Covenant, which sometimes has a constitutional hierarchy.
The monitoring mechanism established in the same includes, in turn, the possibility of participating in civil society in different stages, through the presentation of reports: the Committee receives reports from the State as well as from civil society and evaluates them, for Then issue your Final observations. The importance of these observations is that they are used as tools to demand compliance with human rights standards in the matter of ESCR.
In this context, we have presented several reports that warn about the situations of rights being affected in different areas.

Health:

  • Situation of chronic noncommunicable diseases in Argentina:

We recommend urging the State to adopt some measures to reduce the consumption of tobacco products and unhealthy foods.

Among them, the limitation of advertising aimed at children, the adoption of a more simple and understandable nutrition labeling, the raising of taxes, the ratification by the Argentine State of the Framework Convention on Tobacco Control and the adoption of measures that protect especially vulnerable groups.

  • Current situation regarding marketing practices of milk formulas:

In this regard, we recommend urge the Argentine government to regulate and restrict the marketing strategies of formulas of breast milk, to continue to promote breastfeeding beyond awareness campaigns, to prevent interference from industry processes related to the field of public health and to promote transparency in the sponsorship of academic events and research.

  • Situation of the regulations of geriatric residences:

We recommend the enactment of a national law that establishes minimum budgets to be guaranteed in all nursing homes in the country, in accordance with the rights and paradigm established in the Inter-American Convention for the Protection of Older Persons, as well as local laws that accept this paradigm. Likewise, it is recommended to urge the Argentine State to publicize the data related to the authorizations and controls of said residences.

  • Lack of access to sexual and reproductive rights:

The situation of low access to contraceptives and abortion practices is worrisome in cases allowed by law. We recommend then to urge the State to provide the necessary supplies to comply with sexual and reproductive rights, as well as to ensure that conscientious objection does not impede access to them. Finally, we recommend urging the State to train health professionals, in accordance with the international standards set by WHO for access to safe abortion, and the promotion of legislative discussion for the legalization of abortion.

Democracy

  • Current situation of the Ombudsman’s Office:

This institution continues to abide by it for 11 years, which is configured as a weakening of the DESC protection system. In this regard, we have recommended, among other things, to designate as soon as possible a person in charge of the Office of the Ombudsman of the Nation and to reformulate the procedures for selecting it.

  • Access to public information on environmental matters:

We recommend that the Committee urge the State to guarantee access to public information on environmental matters in view of the progress of major infrastructure projects, extractive industries and Chinese investments; promoting the creation of instances and / or mechanisms of citizen participation. In addition to promoting the protection of those who defend their rights and oppose the advancement of large infrastructure projects.

  • Draft Bill of Collective Proceedings:

We recommend that the State abstain from promoting the Draft Bill of collective actions before the National Congress and promote a regulation that conforms to current international and constitutional standards in terms of access to justice and effective judicial protection of groups in vulnerable situations.

Ambient

  • Use and application of agrochemicals:

We warn about the effects on the right to health derived from the use of agrochemicals; recommending the adoption of a national regulation that regulates the use and application of agrochemicals and requesting the revision and adaptation of national and provincial regulations to the new categories established by the WHO regarding the classification of phytosanitary products. In addition, the adoption of measures to minimize the impact of the use of agrochemicals and periodic epidemiological evaluations is recommended.

More Information

Contacts

Agustina Mozzoni: agustinamozzoni@fundeps.org

Carolina Tamagnini: carotamagnini@fundeps.org

 

 

 

 

 

 

 

 

 

 

 

 

 

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The right to Public Education in the crosshairs

Faculties taken, others closed, others suspending their activities, mass marches, assemblies and students organizing. What is happening in the National Universities? What happens at the National University of Córdoba?

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

Since 2016, the teaching conflict continues to escalate. At that time the budget and salaries did not go hand in hand with inflation and the entire academic community rose up against this situation. Also students, being affected by these measures, joined the fight and took the Argentine Pavilion through a decision that was debated and with the approval of the majority of the Interfaculty Assembly. He was denied admission to the Rector Hugo Juri, who sits down to debate the budget of public education at the negotiating table, and many times his political decisions have repercussions throughout the UNC.

Today the situation is much more critical. They are taken: the Faculty of Psychology, the Faculty of Philosophy and Humanities (Casa Verde), the Fac. Of Arts (CePIA Pavilion), the Faculty of Communication, the Faculty of Social Sciences and a few days ago the decision was taken. Faculty of Architecture, Urbanism and Design after an Assembly attended by more than 1500 students (results: for raising the vote 905 votes, for keeping the vote 849 votes).

In all faculties, assemblies are being held in which not only a strategy is sought in conjunction with the teaching struggle, but also to claim the positioning of the student body, demanding the guarantee of their rights such as effective compliance with the systems of scholarships, payment for ad honorem posts (assistantships and paid assignments), among others. The common denominator of the claims: the right to Public Education.

Why this conflict

What is happening: the generalized economic crisis is reflected in education policies, and it feels even stronger in Public Universities. It is that, “in short, today we are more in front of a delay in the fulfillment of the budget than in the face of a genuine cut. But the magnitude of this delay is such that Universities are forced to function with about half of their resources, in a particularly difficult year due to the devaluation and the substantial increase in rates. ”

According to data from CONADU (National Federation of University Teachers), at the end of the first semester of 2018, only 25% of the annual budget had been executed. In an inflationary context and with a strong growth in the costs of services, this delay has a direct impact on the sustainability of university activities.

Why is education a right that must be fulfilled?

Education is a human right recognized by the international human rights law, particularly and expressly by the International Covenant on Economic, Social and Cultural Rights, approved by our country by law No. 23,313.

This is of vital importance since it is an essential precondition for the exercise of the other human rights. It is a right of a “transversal” nature in relation to other human rights and its dissatisfaction puts at stake the ability to complain about the latter. Its content has been greatly expanded, since it is the budget for the full exercise of individual liberties, the strengthening and development of the human person and the dissemination, respect, and enjoyment of human rights. It is a fundamental tool given that it enables progress to the detriment of economic inequality and collaborates in the processes of emancipation and struggle of those disadvantaged and oppressed sectors.

The Argentine Constitution, since the reform of 1994, has strengthened the protection of the right to education.

The art. 75, inc. 19 orders Congress “to provide research and scientific and technological development, its dissemination and use.” In addition, the article imposes the sanction of laws that “consolidate the national unity respecting the provincial particularities; to ensure the non-delegable responsibility of the state, the participation of the family and society, the promotion of democratic values, equality of opportunities and possibilities without any discrimination; and that guarantee the principles of free and fair public state education; and the autonomy and autarky of national universities. ” Likewise, it must dictate laws that “protect the identity and cultural plurality, the free creation and circulation of the author’s works; the artistic heritage and the cultural and audiovisual spaces “.

It should again be stressed that the educational issue is a non-delegable responsibility of the State, understood in its entirety, that is to say that it covers not only the enactment of laws by the legislative branch in order to guarantee the right to education, but also the implementation of measures taken by the administration (read executive power) to that end, including those measures or positive actions aimed at achieving real equality of opportunities in access.

Now, with regard to public education, this right has as its guidelines gratuity and equity, tending to reinforce equality in a material sense of those marginal, disadvantaged and vulnerable sectors, through contributions, scholarships, subsidies and material aid of the most varied nature. The State is obliged to guarantee and not prevent every person from being educated; to facilitate and promote free access and equal opportunities and possibilities for all to receive and impart education, without any discrimination; to create their official educational establishments, guaranteeing the principles of equality, equity and gratuity; and to encourage and respect pluralistic teaching.

Intimately linked to the right to education, is the right to culture. This right implies an expansive area in which literacy is not enough either through secondary or higher levels. Thus, for the purposes of access to the benefits of culture and participation in cultural life, the State must give impetus to scientific, technological, artistic, literary, etc. progress; of research in all fields, the dissemination of its results and the use of its progress. The State can not exercise regressive policies and retreat as regards its obligation to promote cultural development.

Our Constitution establishes the incorporation of international human rights treaties to our legal system, granting them constitutional hierarchy. The International Covenant on Economic, Social and Cultural Rights, which contains the rights to education and culture, is one of them, so it must be applied with the same force as the constitution itself.

Regarding this treaty, it is important to highlight some observations of the Committee on Economic, Social and Cultural Rights (CESCR) as its official interpreter. These citations highlight the key importance of the right to education, the State’s obligation to provide funds to guarantee it and ensure its availability and accessibility. Likewise, they highlight the obligation to progressively progress towards greater effectiveness of this right and the impossibility of taking retrogressive measures regarding the level of protection of this right.

The mobilization to demand rights

Thousands of students, teachers, scientific graduates and non-teaching workers were present at a massive mobilization in Plaza de Mayo that was echoed throughout the country last Thursday. In Córdoba, the day included a sit-down, a march and a festival for the UNC. “The university is in danger. Defend the salary and the budget” were the slogans taken to the streets to demand that no further progress be made against higher education. This week it was decided to continue with work stoppage until Friday, September 7.

From FUNDEPS, we accompany the claim for measures that guarantee the effective use of economic, social and cultural rights such as the right to education.

Contact

Juan Carballo – juanmcarballo@fundeps.org

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Bajo Grande and Jerónimo de la Gente: A prize that seeks to cover a problem of years?

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

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Rejection of the Draft Law on Collective Proceedings

In 2016, “Justice 2020” program was created within the scope of the Ministry of Justice and Human Rights, by Germán Garavano. It is a space for institutional and citizen dialogue that seeks to build a close, modern, transparent and independent justice.

“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”.

A commission formed by different experts within the framework of this program (within the civil axis and the team “Procedural changes for a better justice service”) worked on the drafting of a preliminary draft that regulates the process of the actions that are aimed at issues of collective affectation.

And is that our constitutional order provides for the existence of a collective procedural protection of rights of collective incidence since the 1994 reform, but no specific law was developed so far. So far, the provisions of the jurisprudence have been applied, fundamentally for what the Supreme Court established in the Halabi ruling of 2009, where it created a new procedural path for the protection of this type of rights, by accepting the figure for the first time of the “class action”.

In this ruling, the Court referred to the lack of regulation in the area of ​​collective actions, characterizing it as a default of the legislator. However, this lack was replaced in practice by the Courts of the country, which have long been admitting the origin of these actions, and in respect of which it has been litigated (and is still litigated) without uniform and clear rules.

The preliminary draft that was presented in mid-May on the portal of the Justice 2020 Program arises, then, with the aim of giving uniformity and clarity to collective processes.

However, together with numerous social organizations, we express our concern for the content of this draft and we ask Minister Garavano to refrain from pushing the bill before the National Congress.

If successful, this project would limit collective actions and affect its operation. Collective actions are indispensable for the recognition and protection of fundamental human rights of a collective nature. A restrictive and delaying regulation of collective actions, such as the one that emerges from the draft, could hinder the advance of this type of claims, and would imply a serious setback in relation to the current situation.

Among the aspects that concern the preliminary draft, we highlight the following:

Interference in procedural matters: the regulation of local procedural matter is exclusively provincial competence.
Excessive rigor for the determination of “adequate representation”: the requirements are excessive, because they impose on the affected parties, organizations and their lawyers a series of extremely strict requirements that will mean a limit for the presentation of collective actions .
Limitation of precautionary measures: the draft regulates the issuance of precautionary measures in such a way that it frustrates its operation, since it foresees that the recipient will be transferred, detailed substantiation is required and the resolutions that deny them can not be appealed.
Ordinarization of collective processes
Establishment of long and cumbersome procedures for registration and consolidation of the class, including various secondary processes within the main process,
Restriction on the participation of third parties
Regulation of competition
Lack of gratuity
Express exemptions of procedural rules of a collective nature that have a higher level of protection of collective rights. Art. 54 of Law 24,240 (Consumer Defense Law); and the first paragraph of art. 32 of Law 26,675 (General Environmental Law), replacing them by more restrictive regulations.
We consider that this proposal for the regulation of collective actions implies a setback in relation to current regulations and practices to ensure access to justice for individuals and groups in vulnerable situations.

A process must be initiated to discuss the difficulties for access to justice faced by organizations and users of collective actions, so that future proposals for regulation effectively allow for greater use and effectiveness of these actions.

Complete communication of Civil Society Organizations

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Open Government: Argentina seeking to advance firmly

During the month of April, the Minister of Modernization, Andrés Ibarra, spoke at the Palacio San Martín on open government, ratifying the commitment of the Argentine State to policies that promote easy access to public management information for citizens. He did so to present the launch of the “OECD Study on Open Government in Argentina”, accompanied by the Deputy Secretary General of the Organization for Economic Cooperation and Development (OECD), the Finnish Meri Kiviniemi, and the chief of advisers of the Ministry of Treasury, Guido Sandleris.

“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 OECD study will be carried out throughout this year 2018 and is expected to be presented to the OECD Public Governance Committee in April 2019. This report will present two main objectives: first, to support the implementation of open government strategies and initiatives through an in-depth analysis of the current state of the national government’s reforms focused on promoting the application of these principles, both in the national and provincial public administration. As a second objective, it will try to accompany the Argentine provinces in the process of improving their open government strategies and initiatives, through a data-based approach and peer review. This review process will include visits to three provinces of the country, selected jointly by the OECD and the Argentine government.

The Open Government is a way to develop public policies in an open manner, with the objective of facilitating access to information, encouraging citizen participation and intensifying the system of accountability. It implies a modality of public management that is more transparent, participatory and that improves collaboration between the State, the Government and Civil Society. This movement had its origins in the Great Britain of the ’70s, as a movement that sought to dismantle the secrecy and bureaucratic obscurity that governed British politics. It is currently promoted at the international level by the so-called Open Government Alliance, a multilateral initiative that seeks to ensure specific commitments of governments to advance in the promotion of Open Government.

Argentina has a long history of relations with the OECD, adhering to multiple declarations and conventions of the Organization, as well as participating in official bodies and the Development Center of the OECD. However, it is not yet a Member and it is well known that the national government would like to be able to obtain the formal invitation of the Organization to become one, or at least maintain the best possible relations with its members, since it deals with the countries where a large part of Foreign Direct Investment (FDI) comes from. Therefore, it is of great importance for the Government to undergo a study by the OECD and, above all, to produce good results that can improve its international image.

However, and beyond what the importance of this OECD study for the national government and the results it yields, it should be clarified that there is still much to be done in the path of open government in Argentina. Its effective application must be based on open and easy access to public information by civil society, but it must also contain adequate mechanisms to ensure that this civil society can participate and interact with decision-making based on this information. Last but not least, among the measures should be included those relevant to debureaucratization, which facilitate the exercise of the previous two.

Based on the provisions of the Third National Action Plan for the period 2017-2019 launched by the Ministry of Modernization and the commitments it proposes, it can be observed that from the Argentine State only progress has been made regarding the first characteristic of an open government, accessibility to information by the general public and not without problems, as detailed in the Open Government Partership portal in its section dedicated to Argentina.

It is also worth mentioning that the movements related to making effective and real the participation of civil society for the time being seem to have been limited to activities of the National Open Government Roundtable and other days and survey of demands: far from the effective establishment of institutional mechanisms that integrate to decision making. In terms of debureaucratization, progress has been made in the use of new technological tools and communication linked to the Internet to streamline procedures and consultations from society to the State, such as the implementation in 2016 of the Platform for Public Consultation. However, there are still several areas where the reduction of bureaucracy has not arrived, not to mention that it remains to be seen to what extent these tools are effective on the path to open government.

Clearly, considering all of the above, it can be affirmed that, in order to achieve transparent public policy decision-making, with citizen participation and accountability, many more advances must be made than before. Perhaps the announced OECD study opens a window for organizations, experts and society in general to make their voices heard and promote the necessary measures.

Author:

Agustín Fernandez Righi

Contact:

Agustina Palencia – agustinapalencia@fundeps.org

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We participate in Argentina Abierta

On May 31, the Open Argentina Forum took place in the City of Mendoza. It is a space for debate that takes place annually since 2016 and proposes the exchange of ideas and experiences around the theme of open government. In the 2018 edition, FUNDEPS participated in a panel on sustainable development, open government and natural resources.

“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 Abierta was conceived as a space that brings together students, journalists, public officials, entrepreneurs, civil society organizations and anyone willing to participate. It was designed to exchange initiatives that promote the creation of modern, inclusive and sustainable public policies.

The goal is for government teams and citizens to share experiences, develop their ideas and knowledge, listen to opinions and discuss transparency, accountability, new technologies, public innovation and open data.

It is a national forum to discuss open government policies that encourage issues of transparency in the public sector, citizen participation and collaboration in modernization policies. On May 31, the third edition was held. Last year was made in Córdoba and this year was held in Mendoza. This last province, together with Córdoba and Buenos Aires, has been at the forefront of the implementation of policies with these characteristics.

Going around the event a bit …

In the 2018 edition, Argentina Abierta lasted only one day, unlike previous years when the event was longer. However, that time was enough to include panels of the most diverse and comprehensive in terms of the thematic axes of open government: transparency, participation and collaboration.

There was discussion about access to public information and publication of data, open academy and opening in the legislative and judicial powers. Likewise, the event counted with the presence of conversations regarding the application of open government policies at the subnational level and for this were present representatives of the governments of the City of Mendoza, City of Godoy Cruz, City of Córdoba, City of Buenos Aires , Province of Mendoza, Province of Córdoba, Province of Buenos Aires, Province of Santa Fe; among other relevant actors.
Likewise, it is necessary to highlight the presence of civil society organizations, who not only supported the concretion and realization of the event (Nuestra Mendoza and CLADH), but also actively participated in the panels and discussions with public officials. This was the case of FUNDEPS, who was participating in a panel specifically related to issues of open government, sustainable development and natural resources. Said panel was also composed of representatives of the Ministry of Energy and Mining of the Nation.

Part of the innovation proposed by this forum is given by the incorporation of new dynamics for the debate. Particularly, and as regards the issues of open government, innovation and e-government, the LABS are positioned as an alternative that allows to discuss and reach solutions at the moment. During this edition of Argentina Abierta, labs were held to discuss budget issues, citizen participation, security and data.

What the Forum left us …

In this event 9 provinces, 6 countries and more than 50 organizations and institutions participated. 12 panels were carried out, 24 hall talks and more than 900 people were present. During that day, the community of people dedicated to open government debated and shared experiences to improve public management, make it more transparent and close to citizens. From FUNDEPS we appreciate the fact that we have been able to take part and consider the discussions on these issues to be substantial.

Author / contact

Agustina Palencia – agustinapalencia@fundeps.org

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#WeWantToBreathe: A campaign against pollution in the Suquía River

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

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We demand transparency to designate who supervises the public management in Mendoza

NGOs demand transparency and participation in the appointment process of the Auditor General of the Office of Administrative Investigations and Public Ethics.

“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”.

Press release

The undersigned request an open and participatory process that guarantees the appointment of a candidate with accredited background, suitability and independence to occupy the position of head auditor of the Office of Administrative Investigations and Public Ethics of the Province of Mendoza, created by Law No. 8993 .

The office is a fundamental organ for the supervision of the correct acting in the public function, for the control of the presentation of sworn statements, as well as an indispensable institution to guarantee transparency in all areas of the State. Moreover, this office will ensure transparency in the actions of politicians, trade unionists and State contractors. To this, it must be added that if the Chamber of Deputies approves the Bill on Access to Public Information, which already has a half sanction, this office will also be responsible for its implementation and compliance.

Therefore, we consider that the appointment should be made on the basis of the characteristics required by the function of own control of the position: independence of those to whom it must control and technical suitability.

Although the law does not foresee this, this would be facilitated if a participatory, open and transparent procedure was established so that whoever is selected is the best possible candidate.

In order to guarantee the performance of a procedure of these characteristics, a series of actions are proposed that are detailed below.

  • Instance of citizen participation to present proposals for candidates to occupy the position. Enable an instance of participation in which citizens can submit candidates not considered by the Executive Power, which are part of the selection process. This will allow to discuss and analyze the applications in a reasoned manner, ensuring that the designated person is the most suitable to occupy the position.
  • Transparency of candidacies. Make public the candidacies, making information available to citizens about the profiles and background of each of the candidates.
  • Instance prior to the public hearing to present observations and challenges to the candidacies. Instance that allows the formulation of questions to the candidates, as well as observations and challenges to their application.
  • Response by the candidates to the observations, challenges and questions asked in the previous stage, being able to attach evidence or additional information.
  • Selection of the candidate to be proposed by the Executive, based on the election of the candidate over the rest of the candidates.
  • Public Hearing: Conducting a Public Hearing in compliance with the provisions of the Regulation of the Chamber of Senators for public hearings, making available to civil society the information provided in article 33 and other relevant provisions.
  • Treatment in the Senate to approve or not the candidate.

The success of the institutionalization of an organ such as that created by the law depends to a large extent on its first occupant. Only with independence and suitability, can guarantee the main objective provided by the law “to regulate the rules of conduct that should govern in the exercise of public function for its responsible, honest, fair, dignified and transparent performance by those who hold the obligation to develop it, in any of the hierarchies, forms or places where they exercise it “(Article 1, Provincial Law No. 8993).

Adhere to the note

  • Fundación NUESTRA MENDOZA
    Centro Latinoamericano de Derechos Humanos (CLADH)
    EL ARCA
    Federación de Entidades no Gubernamentales de Niñez y Adolescencia de Mendoza (FEDEM)
    Asociación de Cooperativas Vitivinícolas Argentinas (ACOVI)
    Asociación Mendocina de Expendedores de Naftas y Afines (AMENA)
    XUMEK
    INTEGRAR Centro de Estudios y Desarrollo de Políticas Públicas
    Asociación Civil VALOS
    Fundación AVINA
    DIRECTORIO LEGISLATIVO
    Fundación PODER CIUDADANO
    SALTA TRANSPARENTE
    Fundación para el Desarrollo de Políticas Sustentables (FUNDEPS)
    Asociación Civil por la Igualdad y la Justicia (ACIJ)