Tag Archive for: Democracy

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We present amparo action against the Province due to lack of information

At the end of October of this year we present an action for amparo for late payment, within the framework of Law No. 8803 that regulates the right to access to knowledge of State acts, against the Ministry of Health of the Province of Córdoba, for not having responded to a request for public information filed on August 6.

“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”.

Within the framework of our work in monitoring and promoting public policies that respect human rights, with special interest in accessing health services in sexual and reproductive health in the province of Córdoba, we requested information from the Ministry of Health of Córdoba and the directors of the main provincial hospitals.

The information requested focused on the services provided by the Sexual and Reproductive Health Program, with questions about the number of patients who received care, the amount of training that was done in the province on the subject, the budget allocated to the Program, between others. In addition, questions about the services of Legal Disruption of Pregnancy were specifically included, and about the regulations applied to cases of conscientious objection.

In the absence of a response from the Ministry of Health, one month after having dispatched the request, we submitted a request for prompt dispatch, but we also did not obtain any response. It is worth clarifying that the period provided by Law No. 8803 for the provincial State to answer these types of requests is 10 business days. At the end of October, because this deadline was long overdue, we decided to initiate an action for amparo for late payment, which is currently being processed in the Chamber of Administrative Litigation No. 1 of the provincial justice.

The difficulties of accessing information in Córdoba

The right of every person to request and receive complete, truthful, adequate and timely information from any body belonging to the public administration is a fundamental human right to guarantee citizen participation, the strengthening of the democratic system, the transparency of public management. and the effective enforcement of other rights.

Throughout this year, from Fundeps we presented a total of 62 requests for public information to various provincial and municipal public agencies. All meet the deadline, and we only got 3 answers.

It is unfortunate that we have to resort to judicial proceedings in order to access information that is public. It is necessary that the Province review the regulations and enact a law that contemplates the minimum standards for the effective validity of this right, so we request that the law on access to public information be updated.

More information

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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Organizations ask to update the Cordoba access to information law

Organizations of Córdoba and from different parts of the country, we request through a document, the update of the provincial law of access to public information, according to international standards and the national law passed in 2016.

“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”.

Córdoba has a law called “Law on Access to Knowledge to State Acts” of 1999, which does not include the minimum standards for the effective validity of the right to access public information. Within this framework, organizations we request the updating of the regulations, following the guidelines of the Inter-American Model Law and the National Law on Access to Public Information.

Among its shortcomings, the current provincial law does not establish which are the key principles by which the right of access to public information is governed, it defines in a very restrictive way “public information” and the “obliged subjects” to provide information. For example, it does not include entities that receive public funds, such as political parties or unions, or state contractors to provide a public service.

In turn, the regulations do not have an entity responsible for compliance with the law or establish what information should be proactively published by the State, thereby strengthening democracy and citizen participation.

Request public information in Córdoba

Throughout 2019, from Fundeps we presented a total of 62 requests for public information to various provincial and municipal public agencies, of which we obtained only 3 satisfactory answers. Of those 62 requests, 54 were unanswered and, of the remaining 5, we obtained “answers” ​​of the most diverse, in some cases unclear or incomplete, and in other unusual responses such as “we will not respond”. These requests for information contemplated different themes related to other human rights, such as health, the environment, development, among others.

This makes it imperative to provide mechanisms for monitoring and compliance with the law, through an independent entity. Thus, all claims could be centralized in the event of non-compliance, establish clear guidelines for action to those who must provide information and raise awareness of issues of transparency, accountability and access to information.

We need Córdoba to enact a new law on access to public information that guarantees the effective validity of the right to access public information, key to both strengthening the democratic system, the transparency of public management and the effective enforcement of other rights.

Requesting organizations

Fundeps Argentina, CLADH – Centro Latinoamericano de Derechos Humanos, Fundación Conocimiento Abierto, Fundación Córdoba de Todos, Desarrollo Digital, Directorio Legislativo, Foro Ambiental Córdoba, Minka, Nuestra Mendoza, PARES, Poder Ciudadano, Salta Transparente, ACIJ – Asociación Civil por la Igualdad y la Justicia y Acción Colectiva.

More information

CÓRDOBA, a proposal to UPDATE THE LAW OF ACCESS TO PUBLIC INFORMATION

Contact

Nina Sibilla, ninasibilla@fundeps.org
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Córdoba, a proposal to update the law on access to public information

Organizations of Córdoba and from different parts of the country, we request through a document, the update of the provincial law of access to public information, according to international standards and the national law passed in 2016.

Descargar Documento / Download File
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Organizations and specialists call a “Social Anti-Corruption Agreement”

From Fundeps we adhere to the initiative of a group of civil society organizations and specialists in the pursuit of public policies that prevent and punish corruption with a focus on human rights.

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

A diverse group of specialists and civil society organizations developed a “Social Anti-Corruption Agreement”, a document in which they identify a set of public policy proposals that Argentina should implement to ensure state capacities in prevention, detection and sanction of the corruption.

The document is available at  www.acuerdoanticorrupcion.org y se encuentra abierto a adhesiones desde el miércoles 16 de octubre del 2019.

The Agreement sets the stage for a public debate focused on the impact of corruption on inequality, human rights and the quality of democracy. The reforms that are promoted are aimed at the different powers of the State.

The group that drives this initiative is made up of Roberto Carlés​, Manuel Garrido​, Ricardo Gil Lavedra​, Natalia Volosin​, ACIJ​, Acción Colectiva​, CIPCE​, Directorio Legislativo​, Poder Ciudadano​, Cambio Democrático​, CLADH, Democracia en Red​, Nuestra Mendoza y Salta Transparente​.

The document contains a total of 74 proposals, which are part of 16 thematic axes, presented in the following 6 sections: “A new national integrity system”; “Investigation and sanction of public and private corruption”; “Prevention of corruption in typically critical situations”; “Transparency policies”; “Institutional strengthening”; and “Citizen Participation.”

Among the thematic axes that are proposed are the reform in the field of public ethics, a new system of purchases and contracting of the State, procedural improvements for the prosecution of corruption, transparency policies in the financing of the policy, improvements in the mechanisms and control bodies, transparency in markets and financial flows, as well as the opening of instances of citizen participation in the fight against corruption.

Argentine institutions suffer from structural deficiencies, the product of which corruption affects the full validity of human rights, mainly in the most vulnerable sectors. This phenomenon, in which both the State and the private sector occupy a central role, impacts the quality and availability of public goods and services and undermines confidence in the institutions of democracy.

In order for these public policy proposals to be effective, the authorities must promote their implementation through the full participation of citizens, in a transparent manner and through a constant process of accountability. For this, it is essential to establish indicators that allow to know the evolution of these policies and their effective impact in the fight against corruption.

Accordingly, the Anti-Corruption Social Agreement is a call to all the actors of Argentine social life, and particularly to the parties, political referents and authorities of all the powers of the State, to adhere to this document and use it as a trigger for new debates, in order to generate the structural and long-term consensus that we need to reach for the construction of a country with less corruption and, in particular, more just and equal.

From Fundeps we gave our support, add your membership.

Contact:

Nina Sibilla, ninasibilla@fundeps.org

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Coming Soon: Fourth Open Government Action Plan

Since June, different instances of co-creation between civil society and government have been carried out with a view to the elaboration of the Fourth Open Government Plan of Argentina. This will be published at the beginning of September and there are still instances of virtual participation for those interested in making contributions.

“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 already implemented three Open Government plans, drawn up in the framework of the Open Government Alliance (OGP). In 2020, the Fourth Plan should be implemented, so that from the National Open Government Bureau – composed of government and civil society representatives – proposals were received for the elaboration of the new commitments.

In order to work in depth on the elaboration of these commitments, 14 tables of various topics were developed such as: Extractive Industries, Indigenous Affairs, Budget Transparency, Public Works, Trafficking in Persons, Water and Sanitation, Access to Justice, Gender and others. From Fundeps, we were participating in the table of Subnational Governments and in the table convened by INAM that addressed the federalization of the Micaela Law.

Also, we were present in the writing both commitments, which will be submitted to public consultation during the month of August. To participate in the public consultation, you must enter the following link.

More information

Contact

Carolina Tamagnini – carotamagnini@fundeps.org

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We urge the Municipality to comply with the Bajo Grande Mitigation Plan

Given the facts of public knowledge related to the report of the Environmental Police Directorate of the province of Córdoba regarding the malfunction of the Edar Bajo Grande plant, we insist on the claim presented in May of this year, by Fundeps with Las Omas and neighbors of the neighborhoods Chacras de la Merced, Villa La Merced, Ciudad Mi Esperanza and Parque 9 de Julio against the mayor Ramón Mestre, requesting a hearing this time in order to seek alternatives to solve the problem.

“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 May of the current year, we presented together with neighbors from different neighborhoods immersed in the problem of Chacras de la Merced, an administrative complaint. In this, we demanded that the Municipality of Córdoba Municipality comply with the mitigation plan prepared by the municipality itself to temper and correct the problems that afflict said area of ​​our city due to environmental degradation mainly from the Purification Station of Wastewater of Bajo Grande (hereinafter Edar).

Due to the lack of responses by the Intendancy, and to the facts of public knowledge about a report by the Environmental Police Directorate of the Province that again highlights the malfunction of the Edar plant, and the consequent contamination environmental that this causes, is that we insist on that claim. In turn, considering the next change of government and the urgency required to address the problem, we request a hearing from the Administration in order to bring perspectives, evidence and alternatives to address the problem tending to achieve respect for rights. fundamental humans who are currently affected.

Likewise, in the insistence claim we once again realized the serious situation that affects Chacras de la Merced, mainly related to health conditions in the communities and socio-environmental conditions that make it difficult to develop their life plan. Situation that is recognized by the Municipality of Córdoba at least since 2014 when it declared for the first time the environmental and sanitary emergency of the EDAR plant and the areas located downstream, status that remains to this day. In the same way, we reiterate the request to make public the information about the tasks carried out by the Municipality in relation to the Mitigation Plan, which has not been provided before repeated requests for access to public information submitted by Fundeps.

The systematic and continuous aggravation of the living conditions of the population of Chacras de la Merced linked to environmental degradation caused by the Edar, and the inaction of the Municipality, who, with its omission, consolidates day-to-day human rights involvement, is that again we demand a definitive solution to the problem of those who suffer from forgetting and environmental discrimination in the city of Córdoba.

On the other hand, and in relation to the problem, we submit a request for access to public information before the Environmental Police Directorate in order to request the Report made by said agency in which it reports Edar’s malfunction. Said report was presented to the Municipality of Córdoba as it transcended, but was not publicized, even before the relevance and public interest that it has while the samples collected by the Environmental Police of the liquids that enter and are discharged without treatment to the River are analyzed. Drought and that, as it transpired, show the serious environmental damage caused by Edar.

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

The summit OGP left more questions than answers

During the week of May 27 to 31, the Global Summit of the Open Government Partnership took place in Ottawa, Canada. Governments, civil society and fans of transparency issues met to discuss the benefits of government openness. What did the conference leave us?

“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 Open Government Partnership (OGP or Alliance for Open Government), is a multilateral initiative formed in 2008 at the suggestion of the President of the United States, Barack Obama before the General Assembly of the UN. Since then, the imprint of this ‘institution’ has been to get governments around the world to implement more and better public policies of transparency, openness and citizen participation.

Through action plans that last two years, the States commit themselves to design policies closer to the citizen’s reality, which transparent the acts of governments and allow social participation. It is about short and concrete actions, whose purpose is to achieve the construction of more solid, inclusive and reliable institutions.

The OGP, from its conception, carries out ‘Global Summits’ that serve as a space for the exchange of experiences and good practices in terms of open government. In 2019, the sixth summit was held, with more than 1000 participants from approximately 90 countries of the world and more than 80 panels of experts and experts.

However, after having toured the Summit and participated in the discussions, more questions and doubts appear, than answers. Although the spaces of the Global Summits serve to know the reality of open government in other parts of the world, the real objective is to ensure that this exchange provides tools to bring the government closer to the general public. The key idea has always been How to make government openness change people’s lives and bring solutions to current social problems?

This 2019, the panels and talks were very focused on the question of the principles of Open Government, rather than on the solutions that this paradigm can provide. In general terms, there was a feeling of ‘going back’ in the discussions, taking up old problems and leaving out important issues such as: health, the environment, climate change, public services, access to water, education, natural resources, among other rights. Although at one point, from OGP, the idea of starting to pay attention to the most concrete issues where a contribution could be made was promoted, this Summit did not seem to pick it up.
In 2017, at the Regional Summit for the Americas of OGP, the motto was to take a step forward with the idea of Open Government, to see concrete results. Unfortunately, this does not seem to be present in today’s discussions. Despite having managed to include the gender issue through the creation of the Feminist Open Government, there are still gaps to be addressed in human rights issues in general.
In 2019 the motto was ‘inclusion’. However, the Summit was not inclusive. Those that are intended to be included in open government discussions were not present in that space: indigenous and Afro-descendant peoples, vulnerable and marginalized groups, among others. Empowering those who are already empowered, does not make sense. Convincing those of us who are already convinced that open government works, either.

To achieve progress in this area, it is crucial to be able to include those who do not have access to technology, those whose rights are violated and those who do not have a voice when making decisions.

Within the debates of this year, the little and almost negligible number of commitments related to citizen participation and inclusion was highlighted. In spite of this, it was good to know that Latin America is the most powerful region in this regard, with more than half of the commitments in this area. It’s enough? No. There is still a long way to go and solve. Without going any further, Latin America is also the most dangerous region for human rights defenders.

In what way can open government correct this contradiction? We are the region that has made the most progress in terms of transparency, but the most dangerous for those who seek to participate in decision-making. The general levels of openness have improved, but people have never been more suspicious of institutions. The space of the Summit should have served to put these problems on the table.

It is important to be able to discuss what happens after transparency, what happens after the publication of data, how does that translate into higher quality, informed and participatory public policies? How can we be more inclusive and ensure that these policies represent all social groups? At the summit many problems were raised but few solutions. It is necessary to get governments committed to developing more transformative plans that strengthen the institutions from their foundations, and not initiatives of two years (or less) that then do not translate into stable practices. Again, how is the transcendence of open government achieved? How can we prevent this from becoming a passing fad that changes when the governments in power give way to new political actors?

By the year 2020, Argentina will have the presidency of OGP and the Global Summit will move here. It will be an excellent opportunity to include those who were not present this year, and to discuss the issues that take us away from our places of conformity and privilege. It is time for ‘open government’ to stop being something that is discussed in circles of ‘enlightened’ and elites, so that it finally achieves that those who should be included can participate effectively and without fear.

More information:

Global Summit of OGP 2019

Regional OGP Summit for the Americas 2017

Contact:

Agustina Palencia – agustinapalencia@fundeps.org

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Organizations promote an Open State law in Salta

After several months of waiting, the government of the province of Salta presented a preliminary draft of the Open State, goal committed by the province in 2017 for the III Plan of the Alliance for Open Government. Organizations from all over the country added contributions to the text of the project.

“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”.

After more than a year of delay in fulfilling a commitment assumed by the province of Salta regarding transparency, the organizations finally managed to unblock the discussion and accede to the draft of the Open State Law. It is a commitment that Urtubey undertook within the framework of the Third National Plan of Open Government Action, a work plan signed in 2017 together with areas of the National Executive Power, the Congress, the Council of the Magistracy and other 10 provinces that added subnational commitments.

“Salta does not yet have a law that guarantees access to public information and transparency, if the government fulfills its commitment, and the Open State Law is sanctioned, we will have taken a significant step in terms of institutional and democratic quality.” , says Gonzalo Guzmán Coraita, Director of Transparent Salta.

The bill aims to regulate access to information and transparency in the province, one of the few that does not have this regulation. From the Civil Society the proposal is clear: it is necessary that it be law, and for this the project must finally reach the Legislature and that the debate be open and facing the citizenship to continue participating in the process of formation of the law, for ensure that the regulations are complete and comprehensive, as proposed.

It is fundamental that the regulations reach as mandatory subjects all the powers of the provincial State, that make available not only administrative information but also the relative to the particular work of each area and that are clear the functions and autonomy of the guarantor body, how it will be constituted and its members will be elected.

Salta Transparente, a local organization that heads the work of civil society on issues of transparency, access to information and public ethics, has been working together with the Fundación Directorio Legislativo and provincial organizations to monitor commitments undertaken by governments on transparency and accountability. We worked on recommendations and contributions with organizations from different parts of the country such as Legislative Directory, Citizen Power, Our Mendoza Foundation, Open Knowledge Foundation, Fundeps, CLADH, School of Prosecutors, FEIM, Transparencia Ciudadana Foundation, among others.

On May 21, Governor Urtubey sent the project to the legislature, with some of the changes presented by civil society to the original project. We have not yet received a response and justification on the incorporation of the high comments. The approval of this norm means a great advance at the provincial level in terms of access to information, transparency and open government. It would set a precedent for the advance of the rest of the country in more robust legislation on access to information.

More information:

Contact:

Agustina Palencia – agustinapalencia@fundeps.org

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What is the national anti-corruption plan that seeks to consolidate “transparency and integrity”?

Corruption is a complex, multifaceted, social, political and economic phenomenon that affects all countries, with serious consequences. According to the World Bank “… corruption is commonly defined as the abuse of a public or private office for personal gain …”

“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”.

Last Thursday, April 11, the government made official, through a decree, the launch of a new anti-corruption plan that will govern in the 2019-2023 period. This measure was promoted by the Anticorruption Office, headed by Laura Alonso, and by the Secretariat for Institutional Strengthening, which is under the command of Fernando Sánchez. The plan is based mainly on four international conventions that have been ratified by our country:

  1. Inter-American Convention against Corruption of the Organization of American States (CICC).
  2. United Nations Convention Against Corruption (UNCAC).
  3. United Nations Convention Against Transnational Organized Crime.
  4. Convention on the Fight against the Bribery of Foreign Public Officials in International Trade Transactions of the Organization for Economic Cooperation and Development (OECD).

In addition, the evaluations that the monitoring mechanisms have carried out for Argentina have been taken into account.

It is a package of 250 initiatives that will be applied during the next 5 years, in accordance with a variety of priority objectives and strategic guidelines. Each one of them has a specific execution period, whose fulfillment will be in charge of the responsible body that has been assigned to it. The regulations will reach 48 committed state agencies, 22 centralized and 26 decentralized.

According to Laura Alonso, in an interview for the newspaper La Prensa, the new plan is based on “three fundamental axes: promotion of integrity and transparency; the control and punishment of corruption in the administrative sphere; and to commit all the Ministries and the decentralized agencies of the national Executive Power, to propose specific sectoral policies. ”

Among the previously mentioned priority objectives we can find: Institutional strengthening, Modernization of the State and Intelligent insertion to the world, which in turn are related to the strategic guidelines mentioned by the head of the Anticorruption Office. Likewise, as a basis, the plan takes the paradigm of open government and transparency.

Within the proposed reforms and actions, the work is established in:

  • Public procurement systems: everything related to public procurement, establishment of computer systems and the development of participatory tables for the governance of public works are expected to be transparent. Likewise, it seeks to implement integrity programs and open contracting systems.
  • Active focused transparency: refers to the proactive publication of key information on corruption issues: budget, purchases and hiring, staffing, subsidy and transfer beneficiaries, official advertising, financing to political parties, among others. In the same way, the officials involved in public access issues will be trained and an active transparency index will be published.

This series of reforms is a key starting point for the consolidation of an efficient State, with a high degree of transparency and adaptable to the new demands of contemporary society. It is also important that civil society is attentive to compliance and implementation of the measures described in the plan. It is important that a State accompanies measures of sanction and punishment of corruption, with systems of institutional strengthening and transparency that prevent crimes of this type. For this last reason, we celebrate the plan, and we hope it will continue after the 2019 elections. In addition, it is expected that there will be periodic reports showing the progress of the actions underway to complete the proposal.

More information:

Contact:

Agustina Palencia – agustinapalencia@fundeps.org

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What is the national anti-corruption plan that seeks to consolidate “transparency and integrity”?

Corruption is a complex, multifaceted, social, political and economic phenomenon that affects all countries, with serious consequences. According to the World Bank “… corruption is commonly defined as the abuse of a public or private office for personal gain …”

Descargar Documento / Download File

Organizations meet with the Federal Council for Transparency for the first time

On May 21, the third meeting of the Federal Council for Transparency in the city of Salta was held. For the first time, a space was opened for the participation of civil society organizations.

“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 third meeting of the Federal Council for Transparency in the city of Salta was held. On May 21, representatives of the provincial governments attended the first session of 2019 of the body created by the national law on access to public information. In 2018, in Buenos Aires, the first two meetings were held and it was decided that for this year the host provinces should be changing. For the second half of the year it is expected that Tierra del Fuego will host the officials.

What is the Federal Council for Transparency? Article 29 of Law 27275 on access to public information establishes that it is an interjurisdictional body of a permanent nature, whose purpose will be technical cooperation and the conclusion of policies on transparency and access to public information.

After the law came into effect at the end of 2017, in the year 2018 the Council began to operate. As the text of the regulation makes explicit, it is an organization in which representatives of all the provinces participate, in order to coordinate policies of transparency and access to information. They meet twice a year, and for the first time, space was opened for civil society organizations to participate. The opening of this instance was thanks to the presentation of a letter, made by the Network of Organizations Against Corruption (of which Fundeps is a founding member) at the end of 2018.

During this third session, Fundeps, Poder Ciudadano and Salta Transparente, we were present on behalf of the ROCC to raise our concerns and perspectives on the situation of the right of access to information at the provincial level. We specifically proposed the creation of a national plan of action for the standardization of transparency principles throughout the national territory. In this regard, the possibility was raised of taking as a starting point, the national law of AIP. Likewise, we mentioned the need for the Council to function as a space that embraces the cause of public ethics, and be able to establish specific guidelines on this subject and access to information (especially, as far as affidavits are concerned).

The session in Salta also aimed to review the mandate and status of the Council. According to Eduardo Bertoni (president of the Council and head of the Access to Public Information Agency), the review would include the incorporation of a space for CSOs permanently in meetings. Also, he assured that the standardization of transparency principles throughout the country is the raison d’être of this organization.

The meeting also had the presence of the World Bank, an institution that has been in charge of gathering data about the status of the regulations on access to public information in the provinces. The advances and results were presented and will be available in the coming days. This study was only of legislative analysis, without deepening the questions of implementation of laws in each province. In general terms, what is thrown by the evaluation accounts for a very different picture of what access to information refers to. While there are provinces with advanced regulations in this matter, others (among which Córdoba could be included), have laws that date back many years and that restrict more than guarantee the right to dispose of the data and information in the hands of the State.

As members of civil society, we applaud the initiative and appreciate the space granted. We hope that for the next meetings, a greater number of representatives of the provinces will attend. Unfortunately, this meeting only had the presence of 7 provinces and particularly, Córdoba was not present. It is fundamental that, in order to achieve a true synergy between the State and the citizenship, each provincial representative should be present in this space. Otherwise, it is not possible to advance in the guarantee of the right of access to information in a comprehensive and complete manner in Argentina.

More information:

Law of Access to Public Information

Website of the Access to Public Information Agency

Minutes of the meetings of the Federal Council for Transparency.

Contact

Agustina Palencia – agustinapalencia@fundeps.org

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Argentina, one step away from repaying a historical debt with childhood

After fourteen years of apathy, at the end of April, the process of appointing the highest authority of the Defensoría de Niños y Adolescentes ended. The Permanent Bicameral Commission “Defender of the Rights of Children and Adolescents” of the Chamber of Deputies agreed to appoint Marisa Graham as head of the body, thus paying off a historical debt to children. In addition, the commission nominated Facundo Hernández and Fabián Marcelo Repetto to fill the positions as deputy. These proposals have yet to be ratified by both Houses of this Congress.

“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 Law on the Comprehensive Protection of the Rights of the Child, enacted in 2005, provided for the appointment of a child defender with specific powers, including initiating collective actions in defense of this historically violated group and supervising to the public institutions that house them. During the years in which the position was vacant, the organizations complained to international human rights organizations about the appointment of a holder.
After more than a decade, in 2019 a decision was reached that was decided after a transparent process of thorough evaluation of the capacities of the candidates. This process had shortcomings on the road and was delayed more than it should. That is why it is urgent that the selection of Graham lawyer is final, so that the agency begins to operate immediately as stipulated by law.
Having a head of the Ombudsman is essential to ensure full compliance with the rights of the child. The signing of the agreement reached by the bicameral commission is fundamental to avoid further deepening the violations of rights that children and adolescents face every day in our country.

Once again, it is important to emphasize that the result of the process, almost unprecedented in Argentina, was based on the principles of transparency and suitability. The selection of Marisa Graham and the Deputy Advocates respected the demands of civil society and now, it is necessary that their position be fixed.

That is why, together with the organizations of Lawyers and Lawyers of the Argentine Northwest for Human Rights and Social Studies (ANDHES), Nuestra Mendoza and Foundation for the Study and Research of Women (FEIM), we present a note to the National Congress requesting the treatment and ratification of the elected authorities of the Ombudsman’s Office in the next session of each Chamber, so that the Act of Comprehensive Protection of Children is effective and immediate.

Click here to see full note

Contact

Agustina Palencia, agustinapalencia@fundeps.org