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Favorable tax ruling on access to public information

Within the framework of an amparo for default due to the lack of response from the Municipality of Córdoba in a request for public information, the attorney general stressed that “The plaintiff Foundation was forced to go to court to obtain action on the part of the Management.”

“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 2, we obtained an important judicial pronouncement regarding the right of access to public information, in the context of the injunction for default filed due to non-compliance with four requests for information filed in different areas of the Municipality of Córdoba. Before delving into the pronouncement, we recall some basic issues on the subject:

What is considered public information?

It is all types of data contained in documents of any format that are generated, obtained, transformed, controlled or safeguarded by the Public Administration at its different levels and by those subjects who have received public funds.

What does the right of access to public information imply?

It includes the possibility of any person to freely search, access, request, receive, copy, analyze, reprocess, reuse and redistribute public information. This right applies in a broad sense to all information in the possession of public bodies, including all controlled and archived information in any format or medium. It is important to mention that this right has an instrumental nature for the exercise of other rights, especially by those who are in subordinate or vulnerable positions, since it is only through precise knowledge of the content of human rights and their forms and means. of exercise that can be effectively accessed to its full enjoyment and enjoyment.

So anyone can request public information?

Yes, Law 27275 on the Right to Access to Public Information establishes that “Every human or legal person, public or private, has the right to request and receive public information.” In Córdoba there is an important precedent of the Superior Court of Justice that also establishes that “the human right of access to public information must be analyzed from a broad and holistic perspective.” and that “this right corresponds to every person without the need to prove any interest or special legal situation, accepting a broad legitimacy that includes both action in administrative and judicial courts.” The way to access it is through a request for public information.

And what is a public information request?

It is that request that is made in writing or by electronic means and without any formality, of all that information generated, administered or in possession of the organs of the Executive, Legislative, Judicial State, Municipalities and Autonomous, local Political Parties and any organization that engage in public spending.

The only requirement that is imposed is that the request for information must be submitted to the regulated entity that possesses it or is presumed to possess it. It can be done in writing or by electronic means and without any formality, it is only enough to indicate the identity of the requesting person, the clear identification of the information requested and the contact details, in order to send the information or announce that it is available.

All requests for public information must be satisfied within a certain period: in the case of national organizations it is 15 business days, while in the Province and the Municipality of Córdoba it is 10 days. In all cases, the Administration may request extensions, and must justify it.

But what happens in practice?

Our experience with the request for public information at the different levels and state areas is very uneven. While at the national level, and thanks to the mechanisms provided for by Law 27275, requests for information are usually answered in a timely manner, at the provincial and municipal level, in most cases, we do not receive a response within the stipulated period. This lack of response forces us to prosecute requests for information through the filing of injunctions for default.

Given this situation, once the demand is admitted, it is transferred to the Administration so that it can present a report explaining why it is in arrears, that is, why it did not provide the requested information. In most cases, faced with this transfer, the Administration produces the information that had been requested, notifies the petitioner, and then reports it in the file, requesting that the legal case become abstract, because the information has already been delivered. . In this type of case, the court usually resolves in this sense, declaring the cause abstract and imposing the “costs by order”. This means that the Administration should not bear any type of expense when requests for information are prosecuted, even when it is its attitude that forces the petitioners to initiate an amparo proceeding.

A change of criteria in the tax opinion

Through Opinion No. 344 issued on May 2 in the case “Foundation for the Development of Sustainable Policies C/ Municipalidad de Córdoba – Amparo Ley 8803”, File. No. 10221471, the Public Prosecutor’s Office ruled establishing an important criterion in terms of amparos for default and right of access to public information. In this trial, the Municipality of Córdoba filed an appeal against the Chamber’s ruling, for disagreeing with what was resolved on costs.

The prosecutor understood that “at the discretion of this Public Ministry, there is a winner and a loser by the force of the facts, and in direct relation to the object pursued by the applicant; because however it may be, the Administration complied with the dictation of the administrative act, but outside the term that the law contemplates and due to a judicial process. And therefore, his situation is equal to that of the vanquished.”

In this sense, it affirmed that “The plaintiff Foundation was forced to go to court to obtain action on the part of the Administration. It does not seem fair or reasonable that the claimant should bear the expenses and fees accrued by him for the processing of a case whose origin is negligent conduct on the part of the Administration and the exercise of a constitutional right. It is for this reason that the theft of judiciary matter produced in the proceedings does not imply in any way the displacement of the objective principle of defeat as a criterion for the imposition of costs”.

We welcome the Attorney General’s decision, as it sets an important precedent in terms of the right of access to public information. Thus, the exercise of a constitutional right cannot entail that the applicant bears the costs of a process that would not have existed if the administration had responded within the legal term. It is important to mention that this is not an isolated event, but rather a systematic practice of the Administration that limits access to information to those who have the economic and legal means to demand a response to information requests before the courts.

 

More information

Author

Noelia Salvia 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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We request to participate in the project of access to justice of the Judicial Power

The Office of Human Rights and Justice of the Judiciary of the province of Córdoba, carries out the research-action project on access to justice for vulnerable sectors. From Fundeps we request to participate by providing 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”.

This project aims to develop strategies to improve access to Justice for groups in vulnerable conditions. A second edition of the project is currently underway.

In this stage, access to justice for migrant populations, native peoples, and cases that affect the environment will be worked on. According to the project’s website, it seeks to promote tools to facilitate access to justice, particularly for people or groups of people in situations of vulnerability. It is promoted as a participatory and collective public policy.

The preparation of protocols for access to justice in environmental matters constitutes an initiative in accordance with the commitments assumed by Argentina in the Escazú Agreement. In previous editions, protocols, rights booklets, among other tools aimed at the general public and justice operators were prepared.

In this framework, we ask the Judiciary to open mechanisms for the significant participation of civil society to provide input and enrich the process of building tools. We believe that in the framework of the Escazú Agreement, participation is emerging as an imperative for any policy that may have an impact on the enjoyment of access rights, including access to justice.

These types of initiatives are extremely valuable in a context where environmental problems and conflicts linked to access to public participation, environmental information and justice are commonplace.

Author

Ana Sol Olivera

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

*Image source: Justice Córdoba

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Hearing of the Plan of Goals of Córdoba: we request to improve access to public information

Last Thursday, May 5, we participated in the first annual review hearing of the 2020-2023 Goal Plan of the city of Córdoba. We focus on the need to improve the exercise of the right of access to public information.

“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 Plan of Goals was established in the city of Córdoba in June 2011 and obliges each municipal administration – at the beginning of it – to present the goals that it intends to achieve with its government program, with objectives and indicators of their evolution. . The management of the current Mayor Martín Llaryora established a Plan of 418 goals, framed in 36 objectives, grouped into 5 strategic axes: Modern and innovative municipality, City that provides quality services, Attractive and planned city, Sustainable city and City of opportunities and inclusive.

Every year, and through the Deliberative Council, a Public Hearing must be held where compliance with the Plan of Goals is reported. It is anticipated that the Intendancy must participate in this Hearing as an informant member. This is also an opportunity for civil society organizations, neighborhood centers and citizens in general to make their contributions and comments on the Plan of Goals and its evolution.

Our Participation in the Public Hearing

The hearing took place on Thursday, May 5 from 9 a.m. virtually, through the Zoom platform, and could be followed on the YouTube channel of the City Council. To participate it was necessary to register in advance through a form provided by the Municipality.

One of our first observations had to do with the fact that it was convened with very little notice – 2 days – and, in our opinion, had little diffusion. In our case, we learned about it from the diffusion made by the Red Ciudadana Nuestra Córdoba.

On this occasion we focus our intervention on the need to improve the exercise of the right of access to public information by the Municipality. Although we highlight the efforts undertaken in terms of digitalization and updating of web portals, and specifically in relation to requests for information, we appreciate that the procedure for making them is clearly and simply explained: we request that progress be made in the matter follow-up to requests for public information made and, above all, improve their response rate.

This is a situation contemplated in the Plan of Goals, given that Goal 120 established “Redesign the open government portal to make it simpler and more user-friendly” and it is precisely from the open government portal that requests are made. of public information by citizens – specifically from the section called “Access to Public Information”. That is why we request that this goal not be considered completed, as it appears today in the progress report presented, but that efforts be made to improve in these two aspects. In this sense, we hope that from the Municipality and especially from the dependency in charge, in this case, the Secretariat of Planning, Modernization and International Relations, the remaining time of management and validity of the Plan of Goals will be used to deepen in these improvements.

At Fundeps we remain at your entire disposal to contribute to this end and in this way, collaborate in an effective exercise of the right of access to public information by all citizens, and in a quality open government in the Municipality of Córdoba.

 

More Information

Contact

Nina Sibilla, ninasibilla@fundeps.org. 

 

*Photo from the web portal of the Deliberative Council of Córdoba

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Rudi Borrmann of Local OGP and NGO of Córdoba: a meeting to strengthen ties

On May 5, we had the visit of Rudi Borrmann, the Deputy Director of Local OGP in Córdoba, and from Fundeps and PARES we organized a meeting with other NGOs and spaces of activism for human rights in Córdoba, at the Fundeps Office.

“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 Local OGP?

OGP Local is an area of the Global Open Government Partnership (OGP) dedicated to the promotion and involvement of subnational levels in the open government agenda. The proposal is analogous to what happens at the national level: that subnational governments join this Alliance through open government action plans co-created with civil society following the guidelines suggested by the Alliance.

The presentation of the province and the municipality of Córdoba to OGP Local

Córdoba -province and city, since they were presented jointly- is one of the four districts that joined OGP Local in 2020. The other cities or provinces were: Autonomous City of Buenos Aires, city of Rosario and province of Mendoza. For this reason, both the city and the province of Córdoba presented their open government action plans to the Global Open Government Alliance.

In this context, the province of Córdoba adopted 3 commitments aimed at the territorialization of the Sustainable Development Goals (SDG of the 2030 Agenda of the United Nations Organization) in 4 municipalities in the interior of the province, with a gender perspective and youths. For its part, the municipality of Córdoba assumed 3 commitments, one aimed at strengthening Neighborhood Centers, and another two on improvements in digital experiences for its citizens.

Given that within the framework of this Global Open Government Alliance, all action plans must have their civil society counterpart, that is, they must be co-created with it, from Fundeps and PARES we accompany the plan presented by the province of Córdoba and CIPPEC did the same with the municipality.

An interesting fact is that to join this Alliance, a high-level commitment signed by the highest executive authority of the province or locality in question is requested: here you can find the assumption of commitment by Governor Juan Schiaretti and the Mayor Martin Llorora. Unfortunately, this letter is only published on the Open Government Partnership website and in the English language.

The meeting with NGOs from Córdoba

Within the framework of the visit of the Deputy Director of OGP Local to some local jurisdictions that assumed commitments in OGP Local in Argentina, we organized a meeting with other NGOs and activism spaces in Córdoba. Representatives from EcoHouse, the Argentine Association for Open Government (AGA), Youth for Climate, Minka, Ciscsa – Feminist Cities Córdoba and Global Shapers participated.

The meeting was used to publicize the Global Alliance for Open Government to those who were not so familiar with this space. Rudi Borrmann presented Vital Signs of OGP: 10 years of data in review, a study that accounts for the main successes and challenges of OGP ten years after its operation.

Then a space for consultations and interventions was opened about the Alliance, its relevance and interest for local organizations, as well as some challenges that are noticed when participating, especially from civil society, in open government action plans. in a real and effective way.

At Fundeps and PARES, as NGOs that are accompanying the process in the province of Córdoba, we are committed to increasing the number of organizations that get involved in this space and can contribute significantly to the commitments and action plans that are generated in the local and national OGP framework, contributing with their perspectives, knowledge and experiences in the construction of more participatory, transparent and inclusive open government policies.

 

 

More Information

– Territorialize the 2030 Agenda and the Sustainable Development Goals in four municipalities of the province with a significant perspective of open government, emphasizing collaboration between actors.

– Municipalities and partner social organizations that participate in the Local OGP Program in the incorporation of a gender perspective and a youth approach in the process of territorialization of the SDGs.

– Make visible the actions and processes developed within the framework of the OGP Local Program by local governments and civil society organizations.

– Promote processes of self-management of neighboring sustainable development through the Neighborhood Centers of the City of Córdoba, taking the Sustainable Development Goals as planning axes.

– Provide citizens with a digital application through which they can report incidents, claims and complaints.

– Continuous redesign of digital media systems to improve or optimize the experience of citizens and navigation.

 

Contact

Nina Sibilla, ninasibilla@fundeps.org.

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2021, another year defending human rights

We present the 2021 Yearbook, a synthesis of the work we have carried out at Fundeps in a challenging year, with great struggles and achievements in pursuit of a more just, equitable and sustainable society.

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.

During 2021 we investigated, debated, proposed, worked, and participated in historic victories for human rights. Activities that are reflected in this new edition of the yearbook, which begins with a compilation of our actions in numbers and the main milestones we have achieved.

In addition, we share a summary of the activities carried out in the agendas of our 5 areas: Environment, Democracy, Gender and Sexual Diversity, Global Governance and Health.

2021 was also a year in which we promoted our institutional growth and participated in different activities and meetings to rethink ourselves. In this framework, we present our renewed mission and vision and the values ​​present in each of our initiatives.

We believe that collective action is the way to transform reality. For this reason, we want to thank our entire team, friendly organizations and donors, and those who support us every day to continue defending human rights.

SEE YEARBOOK 2021

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Public budget: the debate and approval stage began in the Legislature

Each year budget laws are enacted that will guide the development of public policies for the following year, both at the national and provincial levels and in all the municipalities of the country. Through these laws, management priorities are set, and it is determined how much will be collected and invested in public policies.

“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 Córdoba, this process began on November 15 when the provincial executive sent the provincial public budget bill to the Legislature, and with the presentation made by the Minister of Finance, Osvaldo Giordano, to the legislative body two days later. The project must be accompanied by a “Message from the Executive” which is a reflection of the government plan that the provincial government is in charge of to guide economic activities.

After this, a period of debate and review begins in several of the Legislative Commissions. Of these, the one that plays a major role in this process is the Economy, Budget, Public Management and Innovation Commission, since it is in charge of preparing the opinion (or two, one by majority and one by minority) that is incorporated into the order. of the day of the Legislature to be dealt with in Sessions.

 

How is the budget law approved in Córdoba?

The budget law is approved through the “double reading” mechanism, provided for by the Constitution of the province for certain important cases (such as the declaration of constitutional reform, borrowing, among others), which involves the debate in two legislative sessions. This arrangement was foreseen once the Legislature of Córdoba became unicameral, as of 2001. In addition, the possibility of holding a public hearing, between sessions, is foreseen, which in the case of the approval of the budget law it is mandatory.

In other words, it is approved in two legislative sessions, between which no more than 15 days can elapse, and a hearing is held in between. Entities representing various social, economic, productive, professional sectors, as well as citizens in general, usually participate in this.

This Hearing must be convened by the presidency of the Legislature, that is, the vice-government, once the bill has been approved in first reading. In addition, the call must be published both in the Official Gazette and in a newspaper of circulation of the province, for two days and one day respectively. The Legislature’s outreach channels are also used, such as its own website.

Any person, association or organization that wishes to give their opinion, comments or observations to the budget bill may participate in the hearing. You can participate by speaking or as a “simple assistant” as a listener. A Minute and a stenographic version are drawn up of each hearing, where everything said is reflected, material that is made available to the legislative body for its consideration in the face of the second reading session. Once the bill is approved or rejected, the versions of the hearings are available to the public on the Legislature’s Open Data Portal (Commissions section).

 

We leave you this information so that you can follow the debate process of the budget law 2022 in Córdoba

Contact

Nina Sibilla, ninasibilla@fundeps.org

 

Related note

ABC of the Public Budget in the provinces of Córdoba, Mendoza, Salta and Tucumán

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Workshop: How to access public environmental information?

Aimed at organizations, assemblies, associations and interested people in general, on Friday, October 15 and 29 at 4:00 p.m. we will carry out two virtual meetings, which will aim to provide theoretical and practical tools on access to public environmental information.

“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 first workshop will have as main speaker Laura Foradori, lawyer, researcher, specialist in Environmental Education and university professor. It will focus on the importance of access to public environmental information, its regulatory framework and the obligations of the State. In addition, there will be a space for dialogue and exchange of experiences with the people present.

The second workshop will have as speaker Ana Di Pangracio, lawyer, Counselor of the International Union for the Conservation of Nature (IUCN) and Deputy Executive Director of the Environment and Natural Resources Foundation (FARN). The talk will address the Escazú Agreement and the tools it provides to guarantee the right of access to public information as a fundamental component of an environmentally committed citizenry.

Throughout the cycle, practical activities will be carried out and tools will be provided to make requests for access to information on environmental matters, with subsequent support from Fundeps.

Registration is free and free through this form and you can participate in the full cycle or in each of the meetings individually.

I WANT TO REGISTER

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Public purchases in pandemic 2021: less transparency and direct purchases continue

After the publication in March of the results of the survey “Public purchases in pandemic: 2020, the year of direct contracting and the lack of transparency”, Red Ruido adds to the investigation the first quarter of the year 2021.

“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”

Ruido is a federal network of communicators, specialists in open data and civil society organizations that was created to make visible issues of public interest related to the management of State resources, administrative transparency, corruption and access to information. From Fundeps we support its creation in an alliance Citizen Power and FOPEA.

In this new report, the question remains the same as in the first Noise survey: can citizens know how much the State paid for each product purchased to alleviate the pandemic?

The answer is not only the same —no—, but now it is worse: there was less information available to access data for the first quarter of 2021, in relation to what was surveyed in 2020. This is the main conclusion of the survey in 13 provinces of the country , plus the City of Buenos Aires and the Nation.

Highlights
● 82.3% of the hires in the first quarter of 2021 were made directly, according to the Noise survey in 14 Argentine provinces.
● Fewer transactions were registered than last year and there was also less data available: the index of access to information worsened.
● In many joint purchases (those that include several products) it is impossible to detect how much each province paid for each item.
● Santa Cruz was added to the provinces without data.
● A record-breaking purchase of ethyl alcohol was detected in Chaco: 1,900 pesos per liter.

Tenders, missing
The survey of public purchases related to the pandemic during 2020 had detected that 92% of the operations had been carried out directly. That index improved a little, but it is still very high: 82.3%.

The Decree of Necessity and Urgency 260/2020 that President Alberto Fernández signed on March 12, 2020 established the public emergency in health matters due to Covid-19, so that the contracting of goods and services that are carried out in this framework can be processed by direct route.

More than a year passed and the time to plan prevention increased, but the use of this shortcut to hire was not reduced.

Among the provinces with almost 100% direct purchases and / or awards are Salta, Entre Ríos and Santiago del Estero, while Mendoza is responsible for the drop in this general average, since it used the mechanism of bidding, auctions and / or open competitions in 49% of purchases. It was the province with the greatest improvement in relation to 2020, when that figure was just 13%.

Access to information

If the level of access to information in the first Noise survey (purchases in 2020) is compared with that of the first quarter of 2021, the situation worsened.
According to the index prepared (in which 1 implies total public access to data and 4, no access), the general average of access to information in 2020 had been 2.3. But from January to March 2021, it fell 0.3 points to 2.6.

This is so because not only did the three provinces that keep secret data and do not respond to access requests (Tucumán, Salta and Santiago del Estero) remain the same, this time Santa Fe (provides negligible information) and Santa Cruz joined (He did not respond to any request for information).

Booze through the roof
In the case of the prices of chinstraps, ambulances and ethyl alcohol, in the first quarter of 2021 there were far fewer purchases of these products than in 2020.
Wide gaps in the prices paid for chinstraps were maintained, and there were no purchases of ambulances.

In the case of ethyl alcohol, the record paid for this element appears in a purchase from Chaco: 1,900 pesos per liter. This arises in a purchase made on March 30, 2021 (order number 1,865) from Ande Servicios SRL, for which units of 200 milliliters (at 70%) were purchased at 380 pesos, for a total of 91,200 pesos. The figure represents up to 10 times the market value.

It is not possible to have more details of this operation, since the province of Chaco did not respond to any request for access from Ruido.

The other element that appears in some surveys is the rapid test kits to detect the virus. There is a wide range of prices for the same product that goes from the 170 pesos that CABA paid, up to the 715 pesos spent by Mendoza.

Access the full report and the analysis of each province here.

 

Ruido survey authors:

Mariela Arias (Santa Cruz), María Ester Romero (Buenos Aires, Tierra del Fuego and CABA), Yamile González (Formosa), Gabriela Sánchez (Mendoza), Bárbara Maidana (Chaco and Sante Fe), Juan Manuel González (Córdoba), Natalia Buiatti (Entre Ríos), Gonzalo Guzmán (Transparent Jumps), Luis María Ruiz (Tucumán), Sol Minoldo, Julieta Fantini, Andrés Vázquez, Cristian Pérez, Sergio Carreras and Edgardo Litvinoff.
Graphics: Diego Forti. Network design: María Pía Reynoso. Networks: Daniela Reynoso. Development: Walter Kanqui.

Ruido Communication Channels:

http://elruido.org/
https://twitter.com/RuidoRed
https://www.instagram.com/ruidored/
https://www.facebook.com/ruidored/

More information:
Public procurement in a pandemic: a year of direct contracting and lack of transparency

Contact:

Nina Sibilla, ninasibilla@fundeps.org

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We present the Argentine Network of Community Advocacy

Next Monday, July 12 -from 5:00 p.m. to 6:30 p.m.- we will present, together with a group of organizations, the Argentine Network of Community Advocacy, a space for articulation, support, advocacy and learning between organizations and legal professionals from all over the country, that we work for access to rights and legal empowerment of vulnerable people or groups. To participate, register here.

“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”

Taking into account the great difficulties that social organizations and activists encounter in defending the rights of vulnerable groups, from ACIJ, FUNDEPS, TECHO, CAPIBARA, XUMEK – REPAD and ANDHES we saw the need to create a Community Advocacy Network to solve legal needs and structural problems that similarly affect large groups: people with disabilities, migrants, women, children and adolescents, the elderly, indigenous peoples, people deprived of liberty, victims of institutional violence , among others.

We seek to face with collective strategies the great obstacles that exist when practicing social advocacy and, in this way, guarantee effective access to the rights of their communities.

We are waiting for you next Monday, July 12 -from 5:00 p.m. to 6:30 p.m.- to the presentation of this initiative, which is in permanent construction, to continue adding contributions from organizations and activists who want to be part of it.

What is RAAC?

RAAC is the Argentine Network of Community Advocacy. Its objective is to build a space for articulation, support, advocacy and learning among legal professionals from all over the country, who work for access to rights and the legal empowerment of vulnerable people or groups.

Goals

  • Generate alliances, synergies and solidarity between social organizations, professionals and activists that work in the field of community advocacy and community legal empowerment.
  • To promote greater visibility of the different local experiences linked to the subject.
  • Carry out an advocacy agenda in local and national public policies, linked to community advocacy and legal empowerment.
  • Increase the national debate on community advocacy and its development as a disciplinary field.
  • Generate a learning community that respects the plurality of thoughts and opinions, strengthens community growth and contributes to the development of the capacities and abilities of all those who are linked to community advocacy and legal empowerment

Para participar del evento, inscribite en este formulario.

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ABC of Public Budget

Together with the organizations Andhes, Nuestra Mendoza and Salta Transparente, we have prepared a report that gives an account of how public budgets are created in the provinces of Córdoba, Tucumán, Mendoza and Salta, as well as the availability of information around them and the existence or not of participation mechanisms.

“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”.

Determined to strengthen the mechanisms of publicity, accountability and citizen participation, the Fundeps, Andhes, Nuestra Mendoza and Salta Transparente organizations prepared a report that explains the public budget formation cycle in the 4 provinces, as well as its execution and control by part of the public authorities.

The budget is a key element of public management, it defines the public policies that a government will carry out, determines how much will be collected and invested in public policies over a specific period, which is usually a anus.

The ABC report of the Public Budget seeks to answer the following questions, how is the public budget cycle in each of the provinces under analysis? What are your times and what key actors are involved? Is this information available? Does the citizenry have spaces for citizen participation?

To this end, the legal frameworks of each province, the stages of the provincial budget processes – elaboration, debate and approval, execution and control – were analyzed, identifying in each of them the key actors involved, the times of the process and which ones. they are the most relevant documents that result in each instance. Finally, for each province, the level of publicity and dissemination of budget information was analyzed, as well as opportunities for citizen participation, giving recommendations adapted to each situation.

In an instrument as relevant as the public budget that has a direct impact on the exercise of people’s human rights, it is necessary to guarantee, on the one hand, the highest levels of dissemination, publicity so that it is accessible to all citizens. , as well as instances and mechanisms of citizen participation that contribute to the construction of a more just and inclusive society.

DOWNLOAD REPORT

Contact

Nina Sibilla, ninasibilla@fundeps.org



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Access to Public Information Agency: organizations request a meeting with the Chief of Staff to promote new authority
Civil society organizations asked the Chief of Staff, Santiago Cafiero, a meeting to discuss the need to start as soon as possible a new selection process for the highest authority of the Agency for Access to Public Information of the Executive Branch of the Nation, vacant position since January 1, 2021.


“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 group of organizations made up of the Civil Association for Equality and Justice (ACIJ), the Regional Alliance for Free Expression and Information, Network Democracy, Legislative Directory, the Foundation for the Development of Sustainable Policies, Citizen Power and the Fundación Vía Libre, this June 18 sent a request for a meeting to the Chief of Staff to express the need for the Access to Public Information Agency to once again have a Director formally designated for that role.


After the selection process that began in February and whose public hearing took place on March 23, the Executive Power did not advance with the first proposed candidacy. Faced with this situation, Law 27,275 establishes that the deadline to start the selection procedure again is 30 days, a period that has already been exceeded.


The Access to Public Information Agency is a fundamental institution for the democratic system, which is why the absence of its highest authority threatens its proper functioning and, consequently, the exercise of its functions. Among these, the role of ensuring full transparency of all the institutions and entities under the orbit of the Executive Power stands out (which is achieved by centralized and decentralized public administration bodies, public companies and with state participation, public service concessionaires, State contractors, among others). In turn, it must ensure the protection of the right to privacy and the full application of the Law on Protection of Personal Data.


In their letter, the organizations highlight the importance of creating open instances to discuss the profile required for the person who is proposed, and that this leads to the prompt appointment of a new authority and the consequent normalization of the operation of the the Agency for Access to Public Information.


I accessed the letter here.


 


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Access to Information Agency: The Executive must present a new proposal to designate its authority
Joint statement of ACIJ, Democracia en Red, Legislative Directory, Fundeps, Citizen Power, Vía Libre and the Regional Alliance for Free Expression and Information, on the occasion of the conclusion of the hearing in which the set of observations presented in around the candidate proposed by the Executive Power, Gustavo Fuertes.


“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”


We celebrate that, after the public hearing in which the public was able to express themselves regarding the candidacy of Gustavo Fuertes to lead the AAIP, the Executive Power has not made progress in appointing him. Once the deadline with which he had to confirm said proposal has expired, it is now necessary that spaces for open discussion be urgently generated regarding the new profile that the Head of Cabinet should promote, to fill the vacancy in the Agency through a participatory process.


On March 23, the public hearing was held in which the candidacy of the lawyer Gustavo Fuertes was discussed to occupy the position of Director of the Access to Public Information Agency, which has been vacant since January 1, 2021. The hearing represented an opportunity for different people and civil society organizations to detail the numerous observations on the candidacy proposed by the Executive Power, which coincided in the lack of suitability and guarantees of autonomy of the candidate.


After this participatory instance, the Executive Power decided not to finally confirm the Strong’s nomination to the position. As indicated in Law 27,275 in its article 21 subsection f, the Chief of Staff had a period of seven days from the holding of the hearing to approve the appointment. After this period, then, the Executive Power must restart the selection process from the proposal of a new person to occupy the position.


The decision to listen to the arguments offered by different civil society organizations and individuals in an instance designed so that citizens can participate in relevant public decisions, and thereby review an official proposal, is a very valuable step in the construction of a democracy. deliberative in which reasons matter. For this reason, the fact that the Executive Power has desisted from advancing in a decision that was questioned with highly relevant arguments as a result of the impacts that it could have on the validity of the human right to access public information, should be highlighted.


This position, which has been vacant for more than four months, is fundamental to the democratic system. In the first place, because it has the role of ensuring full transparency of all institutions and identities under the orbit of the Executive Power (which is achieved by centralized and decentralized public administration bodies, public companies and with state participation, public service concessionaires , State contractors, among others). In turn, it has among its functions to ensure the protection of the right to privacy and the full application of the Law on Protection of Personal Data. Both functions, due to their implications in the exercise of other rights, cannot be postponed for any reason, even less in an emergency context such as the current one.


For all these reasons, it is urgent that the Executive Branch send a new candidacy for the position in accordance with the standards of suitability and autonomy set forth in Argentine regulations and international law. This implies, among other antecedents, that the person has extensive experience in access to public information and protection of personal data, in such a way that his commitment to the effectiveness of these human rights can be corroborated. For this, it is desirable that open instances be generated to discuss the profile required for the person who is proposed, and that this result in the prompt appointment of a new authority and the consequent normalization of the operation of the Access Agency. Public Information.