Tag Archive for: Open Government

,

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

,

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

,

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

,

Transparency and accountability in electoral campaigns

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

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

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

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

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

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

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

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

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

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

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

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

 

Author:

Stefania Piñedo 

,

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

,

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

We participated in the Open Government Partnership Summit in Paris

We were present at the Open Government Alliance Summit (OGP Summit), which took place in Paris from 7 to 9 December. Next, more information on what is OGP and what was the 4th meeting of this alliance.

“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.”

 

What is OGP?

It is an initiative made up of more than 70 countries to promote open government policies. This implies that governments are accountable, more open, and better responsive to citizens. To be a party, States must adhere to the Open Government Statement, submit an approved action plan with a public consultation process and commit to periodic reporting. This initiative is also a space of articulation between civil society and governments, both locally and nationally.

What was the summit?

After the inaugural ceremony on December 7, 2016, panels and workshops related to a wide variety of issues related to open government were held during the next two days. These could vary between topics such as open data, citizen participation, use of communication and information technologies (ICTs), transparency in public tenders, among others. The different activities were also traversed by agendas such as climate change or gender.

More than 4000 people participated, including heads of state, thousands of representatives of civil society and people from the field of ICT. This culminated with the Paris Declaration. In addition to being a learning space on everything related to open government, the summit was an opportunity to create synergies among the different actors of civil society, as well as to create instances of collaboration with governments. In pursuit of a more democratic society, the Alliance provides opportunities to develop and promote open government reforms.

Subnational governments are also a part of

In the process of promoting open governments, cities and federal entities are also included. In relation to this, we were participating in the Regional Meeting of Subnational Entities by the Open Government and the Federal Open Government Meeting was held in Cordoba on December 15 and 16. In this last instance, efforts were made to make proposals for commitments at the national and provincial levels, so that Argentina should present its third action plan in 2017 and expect provincial commitments.

More information

Contact

Agustina Palencia – agustinapalencia@fundeps.org

Carolina Tamagnini – carotamagnini@fundeps.org

,

Regional meeting of OGP Americas: the open government honeymoon has ended

“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 honeymoon is over’. With that phrase, Nathaniel Heller, executive vice president of the OGP; He opened the days that took place at the Kirchner Cultural Center and sought to call for reflection on the effective application of the principles of the alliance.

Founded in 2011 from the initiative of the United States and Brazil in the General Assembly of the United Nations, the OGP has managed to nuclear to more than 70 nations. Until now, the alliance has become a repository of action plans and commitments of the various countries that make it up. The goals proposed by the States parties to this initiative have been aimed at improving standards of transparency, accountability and collaboration.

These principles proposed by the OGP, are no more than the original pillars of democracy. Open government is the ‘new’ paradigm that seeks to reformulate the role of the State with respect to citizenship. It seeks that institutions establish a ‘conversation’ with the populations, to make them participants in the processes of creation, execution and control of public policies.

Until 2017, most of the commitments in the action plans corresponded to actions to release data and access public information without the need to emphasize many issues that could be considered controversial (environment, health, gender, extractive industries, natural resources, financing of political parties, among others). However, this Regional Meeting aimed to highlight good practices regarding citizen participation, accountability and transparency applied precisely to these areas that have lately been in the eye of the storm of international politics. The inaugural phrase of this event (cited above) aimed to highlight the need for the OGP to go one step further and be able to tangibly demonstrate how its principles can effectively improve people’s lives.

So far, the efforts of the OGP States have sweetened the ears of those of us who share their principles. But it is necessary that there are specific actions aimed at shaping a new type of State. The problem with the AGA has been that so far it has placed too much emphasis on the National Executive Powers (PEN) and little on the other powers and even on the subnational governments. The structure of OGP until 2016 only managed to support PEN initiatives.

After the launch of the pilot program for subnational governments in 2016 and the incorporation of a greater number of commitments by the legislative and judicial branches in several countries; it can be said that OGP is expanding its spectrum. However, there is still much to be done to achieve a true institutionalization of this new culture of openness. The second problem with the alliance is that in most of the member countries, the entity at the institutional level responsible for carrying out the relationship with OGP, is not part of the national organizational structure and lacks its own budget. This situation leads us to think that OGP is an initiative that today is subject to political fluctuations and management priorities. It is not a culture that translates into the planning of all public policies of the States.

Throughout the event, the urgency of moving from a paradigm of ‘open government’ to that of an ‘open state’ that expands the policies of transparency and accountability was stressed. This, in a vertical way towards subnational and local governments; and horizontally towards the legislative and judicial powers. Likewise, the need to efficiently and effectively involve the involvement of civil society in the processes of co-creation and co-implementation was highlighted. Both in the national action plans, and in public policies in general.

The paradigm of open government seems to be implemented at different speeds throughout the world, and within each State as well. Argentina, is a case witness of this situation. Many open government initiatives can be collected throughout the country; However, this develops in a very dissimilar way. While provinces such as Córdoba, Buenos Aires and Santa Fe have set up specific government agencies to advance open government policies; Provinces such as Santa Cruz and Río Negro do not have this type of institutionalization of the paradigm. The same happens at the municipal level.

This situation hinders the articulation between the different governmental levels, and therefore the application of the principles of open government is deficient. Local governments have become a fundamental piece for the effective concretion of transparency, accountability and participation. The proximity of local administrations with citizens is the key that gives these governments this importance for the implementation of this culture of openness. The Regional Meeting highlighted this important role and provided the space for the knowledge of good practices already implemented at the local level.

On the other hand, the participation of FUNDEPS was signated to the presentation in a panel about infrastructure projects and public works. The objective was to highlight some cases of large infrastructure projects in the Province of Córdoba, in which standards of transparency, accountability and participation were not applied. During the exhibition, we brought up the cases of the expansion of the sewage treatment plant (WWTP), the construction of the trunk gas pipelines and the development of the Carlos Paz Environmental Center. The panel also had the presence of the Environment and Natural Resources Foundation (FARN), a representative of the public procurement sector of Chile and a representative of the Initiative for Transparency in Construction (CoST). The purpose of the session was to reflect on the importance of defining better standards of transparency and citizen participation in this type of project.

This panel, in particular, was one of many that sought to demonstrate the need to apply open government standards on specific issues. Specifically, in those issues that today are particularly sensitive for some States (climate change, natural resources, budget, extractive industries, among others). The OGP is born to achieve a modification in the institutions, in such a way that the confidence of the citizens can be recovered. For this, it is essential that citizens can see that their lives are modified in a positive way based on the application of these principles. In this regard, it becomes more than necessary that the open government paradigm can be expanded to all branches and levels of government. It is about moving from an open government to an open state.

Contact

agustinapalencia@fundeps.org

,

The province of Córdoba has a new portal of statistics and censuses

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

 

During the month of November, from the Directorate of Open Government of the province of Córdoba invited to test the statistical portal, civil society organizations that are part of the provincial table to follow the goal of OGP. Subsequently, the official launch of the new platform was made. This effectively evidences the new imprint that is being adopted by the General Secretariat of the Interior. The participation of civil society organizations demonstrates that the provincial government has begun to build an active data community.

The portal now available has information from the old page of the Statistics and Census Bureau. The new interface, however, is much friendlier for the user and has new sections. It is an advance in terms of open government on the part of the Province. The new portal has a section of ‘Open Data’, one of ‘Visualizations’ and one of ‘Publications’.

By browsing the page you will find detailed socio-economic information about the Province and each department and municipality. In the section ‘Conocé Córdoba’ you can access the largest amount of social statistical information. In the ‘Open Data’ section there are more than 600 datasets and several of them are in open and reusable formats.

The innovation can be found in the ‘Visualizations’ and ‘Publications’ sections. While most data portals do not include these types of sections, these are fundamental when it comes to bringing data to the public. Usually, data in open formats is difficult to read and understand. For this, the visualizations organize the information and present it in a dynamic and fluid way. In particular, these visualizations contained in the new portal are interactive and the user can modify and filter the information in such a way that customized visualizations can be created.

A step further is the ‘Publications’ section. It is a space in which some datasets are explained. This type of resource brings the information closer to the citizen and allows a full understanding of the data.

We consider positive the initiative to modernize the platform and recognize as fundamental resources that were incorporated and that ultimately allow better access to public information on the part of citizens. Likewise, we celebrate that it was an inclusive process in which civil society organizations were involved.

Contact

agustinapalencia@fundeps.org

,

Claim for higher standards of protection of DD.HH. in infrastructure megaprojects

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

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

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

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

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

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

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

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

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

More information

– Declaration of Lima

Author

Agustina Palencia, agustinapalencia@fundeps.org

Contact

Gonzalo Roza gon.roza@fundeps.org

,

Claim for the designation of the Ombudsman: citizen participation is very important

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

 

In the absence of answers, the claim was brought to the Inter-American Commission on Human Rights and to the Human Rights Committee of the United Nations, and both agencies urged the Argentine State to appoint the Ombudsman promptly. It should be noted that it is a key institution for the defense of human rights.

In accordance with the principles of the inter-American human rights system, States undertake to adopt legislative or other measures that are necessary to give effect to the rights and freedoms recognized in the American Convention on Human Rights. Among the measures mentioned, there are those tending to effect the establishment and regular operation of the Ombudsman’s Office.

The Ombudsman has basically two functions: 1) Defense and protection of the rights of the people before acts or omissions of the public administration; and 2) Control of the exercise of public administrative functions. However, this definition of the Defender may become limited since it does not contemplate its more procedural and human dimension: the idea and aspiration to create an entity capable of being receptive to the needs of the population. The Ombudsman’s Office plays a fundamental role not only in the protection of human rights and control of the exercise of public functions, but also as a key institution in direct communication between the State and individuals.

During the month of August 2017, 55 civil society organizations again called for the end of this situation and the designation of the Ombudsman. The complaint also included a proposal for the appointment that included both legal and constitutional requirements, as well as suggestions for the selection process. It was requested that the necessary measures be adopted so that the Bicameral Ombudsman’s Commission immediately begins the appointment procedure, which ensures 1) transparency and citizen participation in the process and 2) the suitability of the candidates.

The selection process of the Defender must follow rigorous criteria that guarantee the moral suitability and technical suitability. The moral suitability in this case not only refers to the absence of disciplinary offenses or conduct contrary to public ethics; but it refers to the need to prove a true commitment to human rights. The technical suitability, on the other hand, has to do essentially with the knowledge about the problems of Human Rights and the means to remedy them.

Another point to highlight in how the designation of the Ombudsman should be carried out, has to do with the independence of criteria. The CN in its article 86 emphasizes the autonomous character of the figure of the Defender and the independence of criteria. This refers to the non-partisanship of the figure and the absence of economic ties or interest that may interfere with the activities of the Ombudsman.

These selection criteria must be accompanied by a transparent and participatory procedure governed by publicity and openness in all stages of the process. The presentation made by the civil society detailed the proposal for the implementation of a selection process that should include: 1) Proposal of the candidates, 2) Publication of background, 3) Observations, challenges and questions, 4) Written responses from the candidates , 5) Public hearing before the bicameral commission, 6) Observations, 7) Decision of the bicameral commission.

This organ since 2009 lacks real leadership and since then it is operating under interim mandates because Congress has not yet agreed on the appointment of a director. Since 2015, undersecretary-general Juan José Böckel has been in charge of this unit, a man who answers the former intervener of that entity, the deputy governor of Jujuy, Carlos Haquim. Currently, the Ombudsman’s Office has been immersed in corruption cases after anonymous reports of irregularities in the organization.

According to reports, on Wednesday, November 8, the Bicameral Commission of the Ombudsman would sign the proposal of three candidates to the Ombudsman, with a view to having the Chambers designate it before the end of the year. This has been done without convoking the civil society and if this agreement were reached without the participation of the citizens in the formation of the shortlist, it will affect the proper institutional functioning of the Ombudsman, once their new holder is designated. .

The importance of the prompt designation of the Ombudsman is that it is one of the agencies in charge of the horizontal control of the State (called Horizontal Accountability). It is about the control exercised by the same institutions over the acts and / or omissions emanating from the State. In this sense, it is essential that the mechanisms that guarantee horizontal accountability work correctly. We join the claim of civil society for the prompt appointment of the Ombudsman.

More information

– Without citizen participation, the Ombudsman will not be for the People

– 55 organizations ask Congress for the designation of the Ombudsman

– Contributions for the regulation of the nomination process of the nation’s Ombudsman

Contact

agustinapalencia@fundeps.org