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The Ministry of Health of the Nation promotes the ratification of the Framework Convention on Tobacco Control

From the Ministry of Health of the Nation developed an action plan that includes representatives of different sectors, in order to push the ratification of the Framework Convention on Tobacco Control (FCTC) by the Argentine State, an international health treaty public with members from 180 countries and that Argentina has not yet ratified.

“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 April 24, a new meeting of the National Commission for the Coordination of Tobacco Control took place. The event was attended by representatives of about 40 organizations that include government agencies, NGOs, scientific societies, among others.

Among the conclusions of this first event, the following stand out:

  • A national law is not enough, the ratification of the (FCTC) provides tools, measures and mechanisms of international cooperation that can not be replaced by national policies: the protection of small producers, the interference of industry and illegal trade, for example , can not be fully covered by national legislation. If we do not ratify the FCTC, Argentina is left out of the international assistance provided by the FCTC to its members and we are damaging with other countries in the region.
  • The FCTC is not against small producers, on the contrary, articles 17 and 18 of the agreement focus on protecting small producers in the diversification of their crops. The ratification has a gradual implementation of its measures in order to protect small producers. In addition, the example of other countries that ratified is that there was no impact on the cultivation of tobacco.
  • It was recalled that before the international community, ratification facilitates the entry of Argentina into the Organization for Economic Cooperation and Development (OECD). This claim does not come only from public health institutions.

For several years, several monitoring bodies of international human rights treaties have been recommending that the Argentine State ratify this treaty. Indeed, the Committee for the Elimination of All Forms of Discrimination against Women (CEDAW), the Committee for the Rights of the Child (CRC) and the Committee on Economic, Social and Cultural Rights (CESCR) have emphasized that for the adequate protection of the right to health in general and in particular of populations such as women, children and girls, Argentina should ratify the FCTC.

Together with other civil society organizations, such as FIC Argentina, we present shadow reports to these human rights committees. As examples, the CESCR recommended “the State party to ratify and implement the WHO Framework Convention on Tobacco Control”. For its part, CEDAW expressed concern about the “high tobacco consumption among girls compared to boys”. By virtue of this, It recommended to Argentina “ratify the Framework Agreement of the World Health Organization for Tobacco Control”.

As part of this action plan, a Declaration was sent from FUNDEPS, the creation of an executive committee and the holding of periodic meetings is foreseen. In this sense it is valid to clarify that Senator Silvina García Larraburu presented a bill before the Congress that seeks to ratify the Convention.

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

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Gender Violence and Public Communication Policies in Argentina: Advances and Setbacks until 2017

The Foundation for the Development of Sustainable Policies (FUNDEPS) and the Civil Association Communication for Equality present a report on the functioning of public policies on gender and communication, from the assumption of the current national government.

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

At the beginning of 2016, from the Foundation for the Development of Sustainable Policies and the Civil Association Communication for Equality, a report called “Violence against women and public communication policies” was produced, which gives an account of the state of public policies on communication and gender in Argentina and the state bodies that, until the end of 2015, were in charge of implementing them. That report was based on an extensive investigation that gathered data through formal requests, formulated in the exercise of the right to access information; complaints to the corresponding bodies in cases of media and symbolic violence and interviews with members of these bodies and civil society organizations.

In 2018, we made a report on the application of such policies from the assumption of the current national government. In it, the main changes evidenced in the last two years are analyzed, based on the information obtained through new requests for information formulated before the corresponding bodies during the year 2017 and through interviews and information search through the official channels of each dependency.

The bodies studied are: ENACOM, Public Defender, INAM, INADI, Observatory of Discrimination in Radio and TV, Office of Monitoring of Publication of Notices of Sexual Commerce.

The measures and public policies implemented by these organizations had modifications. Although some that can be considered advances, many others weaken the achievements made in the protection of the audiences, mainly of the vulnerable sectors; both from a gender perspective and from the right to communication as a human right.

The analysis carried out aims to account for the transformations in the field of communication, specifically in relation to gender issues, during the last two years and since the change in government management in December 2015. In line with the changes that followed public communication policies from then on, the specific areas linked to gender also underwent transformations that, although not yet completely defined, imply for several of the agencies a brake on the programs that were carried out and, after two years after the start of the new administration, it is not clear yet what will be the future direction of the public communication and gender policies that were developed in Argentina as of 2010.

Main conclusions

  • Although the decrees and resolutions that have affected Law 26,522 on Audiovisual Communication Services do not directly operate on gender policies, the actions of several of the State agencies dedicated to the implementation of these policies have undergone modifications. Some of them represent advances, but others weaken the achievements made in the protection of the audiences.
  • The defiance of the Ombudsman’s Office -one of the relevant bodies in the application of communication and gender policies, and with international recognition- is one of the negative aspects of the paradigm that we call “transition” in current communication and gender policies from Argentina. In spite of this accretion, the organism continues to operate successfully within the permitted margins.
  • We also negatively evaluate the lack of access to information by ENACOM, which accounts for the obstacles existing for the purposes of monitoring the actions of state bodies by citizens. However, we value the action of the same -evaluated through indirect mechanisms- which is revealed in an increase in resolutions and in the consideration of the rights of women and the LGTBI community as autonomous causes of violation of rights.
  • There seems to be a transformation in the functions of the Office of Monitoring of Sexual Offer Notices that would cease to exercise its sanctioning capacity and focusing its actions only on digital media and assistance to the Judicial Power.
  • The Observatory for Discrimination in Radio and Television was dissolved informally, a tripartite body with an outstanding performance during the last 10 years; neither is it possible to access the pedagogical heritage generated by it.
  • The Observatory of Symbolic and Mediatic Violence was created within the scope of INAM, with competence in all types of media.
  • INAM expanded its action in communication policies through the National Plan of Action against Violence with policies that have not yet been delivered in a measurable manner.
  • The draft laws of convergent communications from different political sectors have included almost nil considerations of gender, although they have had a relative receptivity towards the proposals that have been sent to them from civil society.

More information

Contacto

Virginia Pedraza – vir.pedraza@fundeps.org

Sandra Chaher – sandrachaher@comunicarigualdad.com.ar

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BID Invest calls public consultation for a new Policy on Access to Public Information

The private arm of the BID began the process of public consultation of its Access to Information Policy, which will be extended for 120 days and includes virtual and face-to-face consultations. This policy is key to being able to access information about the projects financed by the Institution, which is substantially expanding its portfolio of projects in Argentina and Latin America.

“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”.

BID Invest (previously called the Inter-American Investment Corporation) is the arm of the Inter-American Development Bank (IDB) that is responsible for financing and advising companies and sustainable projects of the private sector that come from and are developed in the countries of Latin America and the Caribbean. It has a portfolio of US $ 11,200 million in assets under management and 330 clients in 23 countries.

Currently, BID Invest is updating one of its operational policies. To this end, a draft of the new Access to Information Policy has been prepared, which will replace its current Information Availability Policy (in force since 2005) in 2019. It is around this draft (which is available in the BID Invest website) that the public consultation will be held, open to all international civil society. The draft was opened for consultation on May 23 and will receive comments for a period of 120 days.

In turn, the consultation will include virtual and face-to-face dialogues. The virtual consultation will be available through the BID Invest website, and face-to-face consultations will be carried out through meetings (whose dates are yet to be confirmed) in several countries in Latin America and the Caribbean, as well as in Washington DC, where the body has its headquarters.

From FUNDEPS we will participate in this process of public consultation, reviewing the draft and sending comments to the Bank, in order to ensure that this new policy is framed in a true commitment to transparency in the exercise of its activities and to strengthen its governance and responsibility.

More information

Author

Agustina Palencia

Contact

Gonzalo Roza – gon.roza@fundeps.org

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The MICI seeks to strengthen its institutional framework

During the month of April, the Independent Consultation and Investigation Mechanism (MICI) of the Inter-American Development Bank (IDB) published new guidelines for improvement in its Consultation Phase. It was a participatory process that involved different civil society organizations in the revision of the first draft.

“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 Independent Consultation and Investigation Mechanism (MICI) is the entity in charge of receiving complaints regarding any project financed by the IDB Group. In this sense, any group of two or more people that is affected by a project financed by these institutions, can go to the mechanism in search of a solution. It should be noted that the complaints submitted should be about non-compliance with the bank’s operational policies and not about other national and / or international regulations.

In order to carry out its task, the ICIM has two functions or phases: (a) Verification of the Observance and (b) Consultation. The complainant may choose to use one or both functions. Verification of the Observance is carried out by the MICI exclusively and it is an investigation regarding the violation of any of the bank’s operational policies. The Consultation involves both those who file the complaint and the party that has taken the loan. This last function is a process similar to mediation and its objective is to achieve consensus among the parties involved to arrive at a solution.

On this second phase, the MICI elaborated a document for internal use that aims to improve the complaint process for those who decide to use this function of the mechanism. In this regard, it should be mentioned that this function must specifically address the needs of the parties involved and the context of the complaint. In these new guidelines, special attention was paid to the affected communities that file the complaint, as well as to the risks and dangers in which they may be involved. This is particularly important since the last few years have made it clear that human rights defenders live in a situation of constant danger.

In this sense, the presentation of a complaint before the ICIM can turn into something that can put at risk the life and / or safety of those who come to the mechanism. The new guidelines try to address this issue by arguing that the ICIM must act in the face of power imbalances, and at the same time ensure that the mediation process is appropriate to the needs of the parties. Within this logic, the guidelines propose to approach the consultation phase attending to six (6) very important principles: (a) the Co-Design of the processes, (b) the Action without Damage, (c) the Good Faith, (d) ) Voluntariness, (e) Sustainability and (f) Attention to Symmetries.

It follows from the latter that the aim of delineating these rules is to improve considerably the complaint process, while strengthening the general policy of the ICIM. We consider that this is a fundamental step in the adoption of better standards that guarantee the rendering of accounts of the financial institutions and the access to an effective remedy by the affected communities. Likewise, we applaud the adoption of these guidelines in consultation with civil society organizations. That made it clear that the MICI is willing to receive feedback from those who position themselves as users of the mechanism and who have been able to glimpse the shortcomings that the processes may have.

More information

Contact

Gonzalo Roza – gon.roza@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

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Civil society met in the C20

We were participating in the C20 meeting, a civil society affinity group for the G20 process. In it, we coordinated the discussions of the investment and infrastructure work group, and participated in meetings with authorities.

“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 occasion of the Argentine presidency of the G20 -which brings together the governments of the 20 largest economies in the world-, the meeting of the civil society group, called C20, took place on April 4 and 5 in Buenos Aires. It is organized into 8 working groups that address the following agendas: anti-corruption; architecture of the international financial system; education, employment and inclusion; environment, climate and energy; gender; global local; global health; and investment and infrastructure.

Within the working group of investment and infrastructure, the discussion was oriented to elaborate recommendations for the G20 governments, especially for the Argentine government for being leading the forum during 2018. Thus, issues concerning responsible investments were debated, with a focus in the impact of business activity on human rights, and different aspects related to infrastructure projects -financial, environmental, accountability, participation, among others-. These discussions began in March, through the online forum of the working group, and will continue in the same way for the elaboration of the conclusions as a group.

Likewise, during the second day, we participated in a meeting with Matías Mondino, Infrastructure Director of the Ministry of Finance and representative before the G20 infrastructure group. During the meeting, in addition to knowing about the government’s agenda for its G20 presidency on investments, the concerns of the organizations present in this regard were expressed about investments in infrastructure and public-private partnerships.

The result of the discussions held during the two days, will be reflected in a working document to be presented at the C20 summit to be held on August 6 and 7 in Buenos Aires. It is expected that the recommendations made by civil society will be taken by governments and reflected within the commitments of the G20. The purpose of the C20 process is to promote economic and financial policies that are attentive to the duties of the states in the area of ​​human rights, including in their agenda transparency and accountability.

More information

Contact

Gonzalo Roza – gon.roza@fundeps.org

Carolina Tamagnini – carotamagnini@fundeps.org

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More than 15 Latin American countries requested presidents measures to protect health

During the VIII Summit of the Americas that took place in Lima, Peru, presidents of the region discussed corruption, the governance of our peoples and economic and social sustainability. For the first time at the Summit, health is on the agenda.

“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”.

Corruption, obstacles to democratic governance, lack of transparency, and difficulties in implementing public social policies are all factors that negatively impact the health systems of the region and conspire against the development of the communities of the Americas. The four main noncommunicable diseases (cardiovascular, cancer, diabetes and chronic respiratory diseases) are the main cause of disease, disability and preventable death in the world in general and in the region of the Americas in particular. They are responsible for 70% of deaths.

The costs of these diseases constitute a significant burden for health budgets and national economies. These diseases reduce economic productivity, overload health systems and promote individual and family poverty. It is not possible to build a sustainable and functional economy if disability and premature deaths due to NCDs remain so high and costly for governments.

That is why civil society organizations in the region, based in the Healthy Latin American Coalition (CLAS), asked presidents present at the Summit to implement concrete measures to protect the health of the population without the interference of the industry. These measures include fiscal policies that increase the price of unhealthy products (cigarettes, sugary drinks, among others) to discourage consumption; the implementation of front labeling in foods that provide clear and useful information to consumers, among others. In parallel, CLAS asks presidents to make an appointment with health and attend the UN High Level Meeting on NCD on September 27, 2018 in New York City.

About CLAS

It is an alliance of more than 250 non-governmental organizations in Latin America whose purpose is to prevent and control non-communicable diseases (NCDs) in this region. Its members include medical societies, patient organizations, health NGOs, consumer NGOs, religious and academic entities. Founded in March 2011, it is aimed at reducing inequality, promoting human rights, and promoting effective policies with an impact on the risk factors and determinants of NCD. Its objective is to strengthen the action of civil society to prevent and control NCDs in the region through political advocacy, education, awareness and research, at the national and regional levels, so that effective policies are implemented, in line with the objectives of the United Nations (UN) and PAHO-WHO. It is an initiative of the Inter-American Heart Foundation.

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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We present a report on NCDs to the Committee on the Rights of the Child

Together with FIC Argentina, the O’Neill Institute and the Chair of Food Sovereignty of the Nutrition School of the UBA, we present a report in which we warn the situation of chronic diseases in Argentina focusing on the particular situation of children and adolescents ; At the same time, we suggest to the State the adoption of some measures to reduce the consumption of tobacco products and unhealthy foods.

“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”.

When a country ratifies an international human rights treaty, it undertakes to comply with the obligations established in it. Many of these treaties establish mechanisms so that the rendering of accounts on the level of compliance with these obligations is open to the participation of civil society. In this case, Argentina’s obligations under the Convention on the Rights of the Child will be reviewed before the Committee on the Rights of the Child, which is the body of independent experts that supervises its application.

Measures such as, the limitation of advertising directed to boys and girls, the adoption of a simpler and more understandable nutrition labeling, the raising of taxes, the ratification by the Argentine State of the Framework Convention on Tobacco Control and the establishment of school kiosks healthy

The information presented and the recommendations made are intended to ensure that between the next May 14 and June 1 the 78th session of the Committee on the Rights of the Child will be held, where the final evaluation will be made regarding the degree of compliance with the rights enshrined in the Convention on the Rights of the Child by the Argentine state. The final observations that the Committee issues will be tools to require the Argentine State to comply with human rights standards.

Link to the full report: bit.ly/InformeENTs

Contacto:

Agustina Mozzoni – agustinamozzoni@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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Virtual course defense of the territory: Tools of the framework of international law and the rules of the IFIS

The virtual course will be held every Wednesday in May; It is free and proof of participation will be given to anyone who has completed the five modules of the course.

“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 recent years, the actors that finance extractive and infrastructure projects in the Latin American and Caribbean (LAC) region have diversified, resulting in a more complex financial framework. In this sense, a large part of the projects present in the region are co-financed by different actors. In many cases a percentage of the total financing of the projects may come from private financial institutions, development banks, regional or state banks.

In LAC, in addition to traditional banking (World Bank Group, Inter-American Development Bank) the presence of the Development Bank of Latin America (CAF) and the Bank of Economic and Social Development of Brazil (BNDES) have had an important presence. However, during the past decade, Chinese banks have gained importance. During 2016, the two main banks of development in this country had record amounts for the region as the third consecutive year. These international financial institutions (IFIs) have their own environmental, social and access to information frameworks, so when designing a territorial defense strategy, it is useful to incorporate these tools. The foregoing complements the normative frameworks of international and national law that should prevail. The virtual course aims to deepen these issues.

 

GENERAL PURPOSE:

  • Strengthen the knowledge of the participants regarding the tools for the defense of the territory against extractive and infrastructure projects in the region.

SPECIFIC OBJECTIVES:

  • Understand the main normative frameworks of international law related to the defense of the territory
  • Understand the normative environmental, social and access to information frameworks of the main IFIs present in the region.
  • To create a space that favors the exchange of experiences and strategies for the defense of the territory against the advance of extractive projects and infrastructure in the region.

Wednesday of May: 2, 9, 16, 23 and 30

9 to 10.30: Guatemala

10 to 11.30: Colombia / Mexico / Peru

11 to 12.30: Bolivia

12 to 13.30: Argentina / Brazil

The course is free and proof of participation will be given to those who have completed the five modules of the course.

REGISTRATIONS HERE
Further information: cursogrefi@fundar.org.mx

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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)
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We present comments on the draft treaty on business and human rights

On February 28, we presented to the Office of the United Nations High Commissioner for Human Rights (OACNUDH) a report with comments on the draft ‘Elements‘ for the binding treaty on business and human rights.

In 2017, during the third session of the Intergovernmental Working Group for the Binding Treaty on Business and Human Rights, a draft of elements to be included in the legally binding instrument was presented. The purpose of this document was to reflect the contributions made by the States and other relevant parties within the framework of the first two sessions. These were dedicated to the development of constructive deliberations on the content, scope, nature and form of the future international instrument. Once the third session was over, the States and other interested parties were invited to submit comments on the aforementioned draft.

Convinced that this process must move forward to finalize the legally binding agreement, a report was presented with comments and proposals for the text of the treaty. Among the most important points highlighted, the reference was made to the WHO Framework Convention on Tobacco Control, which is an example of how international regulations can deal with the impacts of transnational corporations on DD In addition, taking the same instrument as a reference, the need to reaffirm certain principles was highlighted: (1) the protection of the space for public decision-making, (2) the principle of progressivity in the fulfillment of human rights and (3) the environmental precautionary principle. These enumerated points become of vital importance, in the sense that they refer to the protection of Human Rights prior to the generation of any damage.

With reference to the actors involved, it was requested that the Multilateral Development Banks be included in the text. This, taking into consideration that this type of institutions, have traditionally been exempted from compliance with international regulations, claiming that their charters do not force them to consider human rights obligations when carrying out their activities.

In relation to the obligations of the States, the report presented by FUNDEPS highlighted:

  • The need to ensure transparency in interactions with transnational corporations with representatives of the State.
  • The establishment of mechanisms to prevent situations of conflict of interest.
  • The need for protection of human rights defenders.
  • The inclusion of impact assessments in human rights, ensuring the incorporation of the gender perspective.

We consider it of particular relevance that this process progresses in accordance with the mandate granted to the Intergovernmental Group. A legally binding instrument in this area is necessary in order to effectively and fully guarantee respect for human rights. In a scenario of globalization and transnationalization of financial and commercial activities, the national legislation is not enough to enforce the responsibility of protect for the DD.HH. In this regard, multinational companies must be accountable for their activities and operations; and for this, it is necessary to have an instrument of this caliber.

More information

Advancing towards a binding treaty on transnational corporations and human rights
Effective access to reparation measures at the center of the debate of the 6th United Nations Forum

Más información

Author

Agustina Palencia

Contact

Juan Carballo – juanmcarballo@fundeps.org

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Information requests for the Mitigation Plan of the Bajo Grande plant

Last Friday, FUNDEPS together with Alida Weht, neighbor of the Chacras de la Merced district, presented information requests in the Municipality of Córdoba, in relation to the fulfillment of the Mitigation Plan implemented in the E.D.A.R. of Bajo Grande and in the area located downstream.

On April 24, 2017, the Municipality of Córdoba declared an environmental and sanitary emergency in the Wastewater Treatment Plant (E.D.A.R.) of Bajo Grande and in the area located downstream. He did it through Decree No. 1292 and it was for 180 days.

This is not the first time that the environmental and health emergency has been declared due to the plant’s malfunctioning and the existing contamination in the area of ​​Chacras de la Merced and downstream, which has been happening since 2014.

In fact, Mayor Ramón Javier Mestre, through Decree No. 2447, entrusted the different municipal departments with the necessary actions to implement the Mitigation Plan in the context of the environmental and health emergency, declared on August 5, 2014 and 180 days.

In June 2015, Decree No. 1220 once again declares the environmental and sanitary emergency of the plant for a period of 120 days, which is extended for an additional 120 days by Decree No. 3745 of December 2, 2015, to the aims of mitigating the environmental and sanitary effects until the optimization of the functioning of the plant.

Last year, due to new complaints from the employees of the Bajo Grande plant, which warn not only that the plant does not work at 100% capacity -requires improvements and essential repairs-, but that the sewage liquids are overturned without previous treatment to Rio Suquía -, added to the concern generated by the results of the samples taken by the Environmental Police and the laboratories of the plant itself, led to a new declaration of emergency by the Municipal Executive.

Likewise, Decree No. 1292 contemplates the fulfillment of a Mitigation Plan – continuation of the one prepared in 2014 – by virtue of which a number of measures and actions were entrusted to different areas of the Municipality of Córdoba, which were to be executed in complete by the end of October 2017.

For this reason, last Friday, FUNDEPS together with Alida Weht, neighbor of the Chacras de las Merced district and member of the Las Omas Civil Association, presented requests for information addressed to the Secretary of Government, Citizen Participation and Social Development; to the General Secretariat, the Public Services Secretariat, the Ministry of Health and the Secretariat of Planning and Infrastructure of the Municipality of Córdoba.

As for the mitigation measures contemplated in the plan, these are: a) Update of the socioeconomic survey of the affected population downstream of the plant; b) Update of the survey of the health status of the population; c) Distribution of safe drinking water for different uses in areas where provision by network is not possible; d) Preventive sanitary cord; e) Management of the effluents of the E.D.A.R. Under Large; e) Resource monitoring plan and f) Awareness campaign.

Also, this Tuesday we presented a request for information to the Secretary of Environment and Climate Change of the province, requesting updated information about the operation of the plant, the amount and condition of the sewage liquids upon entry and exit, as well as the treatment that they are made. At the same time, a report was required on the status and progress of the plant expansion works begun in 2017.

The contamination problem of the Bajo Grande plant is long-standing. Despite the complaints, complaints from NGOs and affected communities, technical reports and analyzes that account for the progressive deterioration of the Suquía River, and even a sentence of 2004 – with repeated requests for execution – which obliges the Municipality of Córdoba to minimize and mitigate environmental impacts in the area, the situation is only getting worse for the Suquía River and the populated areas that live downstream of the plant.

We hope that both the municipal and provincial authorities fulfill their duty to provide the required information in a timely manner, in order to ensure true access to public environmental information of citizens, as well as transparency and publicity of government actions.

More information

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org