05 November 2020
The recently approved Inter-American Model Law 2.0 of the Organization of American States marks a before and after in the management of an essential right for the strength of democracies. FIIAPP has contributed, through the European EUROsociAL+ programme, to the development of the legal text by providing technical support and promoting the incorporation of the gender perspective.Borja Díaz, Técnico Sénior en Gobernanza Democrática del Programa EUROsociAL + en la FIIAPP
On 22 October, the Organization of American States (OAS) approved the Model Inter-American Law 2.0 on Access to Public Information at its Annual Assembly. This policy framework, promoted by the OAS Department of International Law (DDI in its Spanish initials), has enjoyed broad participation in its drafting process and is of enormous relevance to Latin America and the Caribbean, since it incorporates cutting-edge standards and best practices for promoting transparency and the right of access to information.
The Law establishes the broadest possible application of the right of access to information in possession, custody or control of any public authority, political party, union and non-profit organisation, which has to respond to requests for information on funds or public benefits received.
As the DDI emphasises, the ultimate objective of the regulations is that “access to public information is consolidated as a tool that allows increasing levels of transparency and to fight effectively against corruption, promoting open competition, investment and economic growth, to generate the confidence of the population in its democratic institutions and empower citizens, including those sectors that are in a situation of vulnerability”.
“This Model Law is intended to provide citizens with greater access to information which is in the hands of the authorities. Why? So that they have a better understanding of how the administration is managed and how the public resources that derive from its taxes are used. We also want it to influence management models that impact ordinary citizens because the right of access to information ranges from right up high to local governments”, underlines Dante Negro, Director of the DDI at the OAS.
The European Union-financed EUROsociAL+ corporation programme, through its Democratic Governance area, which is coordinated by FIIAPP, has made a decisive contribution to the development of this regulatory proposal, through significant technical support channelled through the Network of Transparency and Access to Public Information (RTA) in spaces for debate and the exchange of experiences between guarantor bodies and promoters of the right to information, and through the systematisation of good practices provided by different experts.
The regulation focuses on key factors such as the nature and functions of the guarantor bodies which guarantee this right, the regime of exceptions, the entities bound by the regulation, active transparency and the definitions and scope of the right of access to information. Likewise, it includes as an annex the Inter-American Model Law on Document Management and its implementation guide, prepared by specialists from the Sub-Directorate of State Archives of the Ministry of Culture and Sport of Spain on the basis of the RTA Document Management Model moved forward by EUROsociAL+.
Throughout the work processes EUROsociAL+ also ensured the incorporation of the gender perspective, the norm being one of the first legal instruments of the Inter-American System to incorporate said vision from its conception.
As Gabriel del Piazzo, President of the Executive Council of the Unit for Access to Public Information of Uruguay (UAIP) (Presidency of the RTA), points out, “the Model Law 2.0 has the added value of gathering the experience of the guarantor bodies of Latin America, whose responsibility it has been to implement the access to information laws over the last 10 years”.
The Model Law thus becomes a reference to be followed by States in order to improve regulations, guidelines and internal procedures for transparency and access to information. From the moment that the 35 States of the Americas endorsed it, they acknowledged that it is necessary to reach that standard. For citizens and organised civil society, it implies being aware of the standards that their State could potentially reach and thus being able to demand processes for the elaboration of norms or policies aimed at reaching that standard.
This EUROsociAL+ action is aligned with the 2030 Agenda, especially with Sustainable Development Goals (SDGs) 6.10 (to guarantee access to information), 16.5 (to considerably reduce corruption and bribery), 16.6 (to create effective and transparent institutions at all levels of accountability), and SDG 17 (to promote alliances to achieve these objectives).
Borja Díaz Rivillas, Senior Expert in Democratic Governance for the EUROsociAL+ Programme at FIIAPP
08 September 2020
On World Development Worker Day, a FIIAPP technician tells us about the challenge faced by millions of people in accessing drinking water
On World Development Worker Day, David Rodríguez Soane shares his thoughts with us on the importance of development workers continuing with their work. A vital and necessary task, especially during the pandemic. In a difficult context like this, David focuses on the need to guarantee access to safe water and hygiene, as universal rights and a key action against the spread of the virus.
Washing your hands with soap and water is a simple gesture that today more than ever, in the middle of the Covid era, helps save lives. With the first days of September already passing by, governments and educational centres are debating about reopening their facilities and the most appropriate teaching models to adapt during this pandemic. However, in 43% of schools around the world it is not possible to wash your hands, a key defence mechanism in the fight to reduce the transmission of the virus. In fact, in less developed countries, 7 out of 10 schools lack basic facilities.
In mid-August, the World Health Organization (WHO) and UNICEF published a joint report, Progress on Drinking Water, Sanitation and Hygiene in Schools (WASH), in which it was revealed that around 818 million children in the world lack basic facilities to wash their hands in their schools, which puts them at greater risk of contracting Covid-19 and other communicable diseases. More than a third (295 million) live in Sub-Saharan Africa.
Once again, water proves essential for life. But so are sanitation and hygiene. A simple example is enough: without toilets, natural water sources are polluted; without clean water, basic hygiene practices are not possible. Among them, washing your hands.
The cooperation perspective
The world of cooperation has an important role to play in ensuring that the right to drinking water and sanitation is just that, a right for everyone. Indeed, this summer, the international community discussed water at great length. In the last week of August, for example, numerous actors, from governments to civil society organisations, gathered at two important events.
On the one hand, from 24 to 28 August, Water World Week – WWWeek took place virtually. The Stockholm International Water Institute (SIWI) promotes this multilateral Agora every year which, for almost 30 years, has become the most influential event in the world for tackling the greatest challenges relating to water. On the other hand and also in the same week, the German Agency for International Cooperation (GIZ) organised five days of conferences dedicated exclusively to water from the perspective of development. This year, the Week on Water for Development (WW4D) started with a motto which is clearly part of today’s world: “Every drop counts, water in exceptional times.”
Also this summer, in July, and with a strong presence from Spanish Cooperation through the Cooperation Fund for Water and Sanitation (FCAS), the XXI Conference of Ibero-American Water Directors (CODIA) took place, which is the main platform for political dialogue, technical collaboration and cooperation on water in Ibero-America. Within this framework, the two technical dialogues that dominated the debate were the relationship between water and biodiversity and the integration of sanitation and treatment in the framework of integrated water resources management.
As we can see, there are plenty of spaces for the exchange of experiences and for multi-stakeholder coordination in order to achieve SDG 6, clean water and sanitation for all. The achievements of the past should serve as a spur to strengthen the firm steps being taken by multilateralism to reach 2030 in the best possible position. Global mobilisation after the Millennium Development Goals (MDGs) lead to the fact that in 2015, 2.1 billion people had access to improved sanitation and that 147 countries reached the goal for accessing sources of drinking water (MDG Report 2015, UNDP). Now, the SDGs, after being with us for five years, open a new window of opportunity to follow the same path of progress and consolidation of rights. However, the figures in the SDG Report 2020 on SDG6 are not as good as one would expect and the emergence of Covid-19 has only made the situation worse. This is why we require solutions, we need answers.
In this context, Spanish Cooperation, has the tools to contribute to global objectives and these must be emphasised. From data for 2018, it has been estimated that the FCAS has benefited more than 2.8 million people in Latin America and the Caribbean. In addition, 2.2 million Latin Americans have had access to new or rehabilitated drinking water services and 1.1 million to sanitation services. Also the AECID and FIIAPP, through its participation in the EUROCLIMA+ project, which is the EU’s flagship programme on environmental sustainability and climate change with Latin America, devote enormous efforts to managing water in order to ensure the availability of water resources and strengthen institutional capacities and governance of the sector in beneficiary countries. In turn, numerous NGDOs, such as Manos Unidas, Oxfam Intermón and Acción Contra el Hambre, to name just a few, also carry out important specialised intervention actions regarding the provision of water, sanitation and hygiene in the countries in which they operate. They are examples of actors in our development work, but there are more, also among the autonomous communities, universities and other agents that are part of the system.
Thoughts from the pandemic
We have been looking at the issue from the perspective of cooperation, but the pandemic that has taken up and conditioned our lives for months provides us with some thoughts: the interconnection of essential elements such as dignity, people, prosperity, the planet, justice and partnerships. We are already familiar with the image being reflected back at us, but it also invites us to reflect once again. Global health, quality education and access to water and sanitation. SDGs 3, 4 and 6. All of these are interconnected rights, objectives and challenges that intersect throughout the world in a familiar scene in early September: the beginning of the school year. The equation is more complex in times of pandemic. And practically impossible to solve, for those girls and boys living in countries where washing their hands with soap and water is still a luxury within the reach of only a handful of people.
On 8 September each year we celebrate Development Worker Day. It is a day to honour all the people who contribute their work, their knowledge and their sweat to build a world which is more just. But it will also be a day to remember that, according to the Hand Hygiene For All initiative, three billion people, 40% of the world’s population, cannot wash their hands with soap and water at home. Three-quarters of them live in the poorest countries in the world. Simply because they lack basic facilities to wash their hands, millions of people are at immediate risk of contracting Covid-19 or other diseases.
The challenge is enormous, but we must make a start at sometime and in some place. So let’s start this September and let’s start with schools. Let’s learn a lesson as a society: simple gestures should not be impossible.
Author: David R. Seoane, Communication and Knowledge Management Technician for the Spanish Cooperation programme “Transparency, Communication and Knowledge Management”
06 August 2020
A EUROsociAL+ expert explains the vulnerability migrants face at borders
Bárbara Gómez, EUROsociAL+ project technician tells us about the dangers that migrants run at borders and how inequalities increase while they remain in this situation, particularly at the crossing between Mexico and the United States. She also speaks about how public policies are the key to guaranteeing a legal framework to protect the basic human rights of migrants.
Clearly, we have abandoned the usual idea of seeing a border as a mere line that can be easily erased, to look at it, like the philosopher Eugenio Trías, as an authentic territory in which not only conflicts or cultural clashes, but also multiple exchanges and trade-offs are evident. Above all, a different conception of the “experience of the limit”.
The flexibility of the mobility of people across these borders, added to the complexity of our current society, and the perennial problems of searching for opportunities due to poverty and social inequality in many countries, along with regional conflicts, has led to a migratory phenomenon that has itself increased to such an extent as to become a global situation. This reality has become more evident lately due to the latest events that occurred in the current context of the migration through Mexico where, in October 2018 a caravan began in which just over six thousand people came to Tijuana to seek asylum in the United States. The focus on this event was sharpened by the continued strengthening of the south-west border of the United States, where the current president insists on building a border wall with Mexico, despite the Democrats’ opposition and refusal to approve expenditure for the wall.
Over the last 12 years, migration in Mexico has started to change profoundly in terms of numbers, patterns and impacts, in other words, a significant transformation in the migration dynamics in this region of the country has occurred. This new dynamic has brought consequences of a social, economic and cultural nature to the different border cities and to the region in general.
EUROsociAL+, the European Union programme run by FIIAPP, is watching the migratory phenomenon in the Latin American region, and particularly in the Central American region, and with a multidimensional approach, is also observing how migration is being managed in border areas, improving cross-border governance systems. Within this framework, it has overseen the preparation of a diagnostic study that focuses on all phases and stages of this phenomenon in a context of economic, social and political crisis.
To this end, there were several questions to answer: What will happen to undocumented migrants arriving at the south-western border of the United States? How likely is it that they will decide to reside in the border region of Mexico as they are unable to cross the border or request asylum? Is the Mexican government prepared for this possible contingency?
It was vitally important to analyse the initial situation in the border territories, which in most cases were not only forced to receive migrants from Central America unable to cross the border, but at the same time to receive all those who had been deported and were affected by the extremely strict migratory policies of the United States. The analysis started from this approach and how all this would affect a new organisation of the region, the public policies put in place for multilevel governance, regional cohesion and, therefore, for social cohesion as a response to the sense of belonging felt by such a heterogeneous group of citizens living on the border.
The study, therefore, aims to understand the journeys experienced by the migrants, as well as their experiences during their temporary or forced stay in the border cities of this region. The analysis included both Mexicans who have been deported or returned from the United States, as well as men and women from Central America and the Caribbean.
Mexico’s northern border includes the group of municipalities adjacent to the US border, on the assumption that this is where most of these events occur. Included in this area are 38 adjoining municipalities that belong to six states: Baja California, Sonora, Chihuahua, Coahuila, Nuevo León and Tamaulipas. It has now become a region with close ties to the United States; there are permanent exchanges of goods and services in both directions, as well as a huge flow of people who cross over in both directions every day. To mention just some interesting details. The Baja California border region has the highest number of immigrants (168,000); 38.4% of the population was born in a non-border region or outside Mexico. This percentage increases to over 50% in municipalities such as Tijuana and Tecate (Baja California). Baja California and Sonora have received most of the migrants deported from the USA. Jointly, 67% of the cases recorded took place in these two states. Men make up the vast majority of Mexicans repatriated from the United States, totalling 91% versus 9% women. However, the qualitative experience of this repatriation will not be the same for men and women, with the latter being the most vulnerable as, in most cases, they take their dependent children with them. But it is also notable that the vast majority of repatriation events involve young migrants; almost half are between 20 and 29 years old. Between January and October 2018, 9,348 minors (MENAS) were handed over to the Mexican authorities by their American peers, which represents 6% of the total.
The journeys taken by migrants
Also, it would not be entirely fair to present this work, which is sponsored by EUROsociAL+, only with statistical data. It is also only right to take into account the human dimension of all these experiences of “transition” that are exponentially increased by inequality.
Devoid of rights, and even devoid of the right to possess rights, undocumented migrants are nowadays the clearest expression of the conscious deprivation of basic human rights for a whole human group. By excluding them from legality, the State places undocumented migrants outside the limits of the law, at the same time that it applies laws that systematically exclude them. In other words, the vulnerability of this group is largely caused by the denial of their right of access to justice, and EUROsociAL+ is working to change this situation. Access to justice is a key right, which acts as a kind of gateway for access to basic services such as health, education, housing, employment, and so on. But it also entails the defence of aliens detained or deprived of liberty, care for victims of gender violence and legal assistance for unaccompanied minors.
Perhaps this ambiguous situation of being “outside the law” has led to certain situations of violence that migrants themselves suffer in their journey across borders. Without a legal framework that protects them, in no-man’s land, their lack of protection is greater and, therefore, their rights are weakened. One of the clearest examples of this form of violence is suffered by women. Women are in a very vulnerable situation when crossing borders. And EUROsociAL+ is addressing precisely the differentiated effects of corruption on women, pursuing two phenomena that do not always intersect: corruption and trafficking. Added to this equation is a more variable one, migration, since most women who are trafficked are also migrants.
At the border, migrants are at a crossroads between here and there, with their belongings in a backpack or in a plastic bag, and their dreams and hopes running high. In this border space, these people prefer information which is informal, which comes from family and friends, over any other source, to compensate for the extreme vulnerability of their border experience. Aware of this situation, EUROsociAL+ is also working so that this vulnerable group can fully exercise their right to access information; improving passive transparency with institutions that have the competence to manage this migratory phenomenon, but also a transparency that is active, promoting the exercise of these peoples’ rights to request basic information that can improve their lives in a country they do not know.
The border is a point of transition, of transience, a temporary place that increases their vulnerability, the difficulties they face. Sharing such vulnerability allows them to create deep ties during their short stay at the border, while deciding whether to move on or establish their new residence in the transit territories. Either decision will push them towards the most disadvantaged aspect of inequality. Governments must not forget about borders and must use all the instruments at their disposal so that the effects of their public policies also reach the inhospitable territories that are often forgotten.
Bárbara Gómez, Project Technician for the EUROsociAL+ Democratic Governance area at FIIAPP
 The Colegio de la Frontera, Northern Mexico (COLEF), 2018.