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Piqueteros denounced discrimination and went to court to claim for 22,500 canceled plans - Infobae
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Piqueteros denunciaron discriminación y fueron a la Justicia a reclamar por 22.500 planes dados de baja
Presentaron un amparo colectivo porque consideraron que se “estigmatiza” a los trabajadores migrantes, la mayoría de ellos de nacionalidad boliviana. El consulado de ese país los respaldó
www.infobae.com
March 26, 2024
They presented a collective protection because they considered that migrant workers, most of them of Bolivian nationality, were “stigmatized.” The consulate of that country supported them
By Andres Klipphan
The lawyers of piquetero leaders, such as the Polo Obrero, presented a Collective Amparo for the justice system to suspend the casualties in Potenciar Trabajo. They claim that Bolivian workers were discriminated against, among other nationalities Adrián Escandar
Left-wing social organizations and picketing groups presented this morning a “ collective protection ” for Justice to suspend the 22,501 casualties in the Empower Work ordered by the Ministry of Human Capital. In the letter, which Infobae accessed , it is stated that the measure is “ unconstitutional ”, “ discriminatory” and “ stigmatizing” towards migrant workers, most of them of Bolivian origin , some of whom traveled to their country due to the death. of family members, illnesses of parents and urgent care for disabled siblings. As soon as the court is drawn, the Bolivian Consulate in Argentina will present a “letter of support” for the measure.
In the text, lawyer Eduardo Penello and lawyer Doris Juana Quispe also presented specific cases of beneficiaries who were discharged because “they traveled to Norway,” however, “they never left the country.” The piqueteros' lawyers state in the brief that: "No item in the 'Basic Charter of Rights and Obligations for workers' of Potenciar Trabajo prohibits the beneficiaries of the program from traveling outside the country."
They mark this because in the recitals of resolution 82/2024 , published on February 22 in the Official Gazette, the withdrawals of 22,501 are justified because " the beneficiaries registered trips abroad and as a consequence they would have lost the character of 'sector vulnerable'" .
For Eduardo Penello and Doris Juana Quispe, “the single statement speaks on the one hand of a complete lack of knowledge of the Ministry of Human Capital about the situation of many workers of national origin and migrants with permanent residence in Argentina , who travel or traveled to their country of origin. origin for reasons of urgent care for family members or other reasons.”
Resolution 82/2024 is signed by Pablo De la Torre , the secretary of Children, Family and Adolescence, continuator of the Social Development portfolio and is part of the organizational chart of the Ministry of Human Capital, headed by Sandra Pettovello . The measure had also been announced at a press conference by the presidential spokesperson, Manuel Adorni.
In the collective protection, presented this morning and the lawyers who sponsor organizations such as the Polo Obrero highlight that the resolution is “ discriminatory for migrants , it violates one of the fundamental bases of the Argentine Constitution, the inhabitants of the world can enter, circulate and leave of the country as many times as they want without this affecting them in any way.” It is also stated that the provision of the Government of La Libertada Avanza “violates the rights of food principles and children.”
The Minister of Human Capital, Sandra Pettovello, and the Secretary of Children, Adolescents and Family, signed the resolution through which 22,051 beneficiaries of the Empower Work program were terminated for alleged trips abroad.
“ All of the plaintiffs are holders of the “Potenciar Trabajo” who, based on what was resolved, in an unfounded manner and in violation of constitutional rights, by resolution 82/2024 of the Ministry of Human Capital, have been affected in their right to receive the payment of their corresponding salary for the work performed as well as the impossibility of continuing to receive it”, highlights the Collective Amparo was filed in the Federal Administrative Litigation Court No. 10, in charge of Judge Edgardo Walter Lara Correa .
The reasons for traveling
The writing begins with the names of the people who sign it. Most of them are migrants with permanent residence in the country who explain the reasons why they traveled to their countries of origin. The concatenation of cases overwhelms. Just some of them.
Liz Mónica Chávez Factor . She lives in Parque Avellaneda, CABA. She is a mother of 3 children. She traveled abroad for the repatriation of the body to her mother's native country.
Elena Patricia Mamani . She lives in Ramón Carrillo, Villa Soldati, CABA. Mother of 3 children, she traveled to Bolivia for a disabled father, suffering from chronic kidney failure, cerebral infarction, gait and mobility abnormalities, urinary incontinence and other polyneuropathies. She brought him to Argentina so she could take care of her daily care. She also presented a letter from her brothers to the Ministry of Human Capital acknowledging payment for the transfer. In any case, she was discharged from the social plan.
Ruth Marilyn Valle Romano . She lives in Villa Celina, La Matanza. She traveled to Bolivia to reunite with her sick grandmother.
Clemencia Galarza Gonzalez . She lives in Villa Fiorito, Lomas de Zamora. Both parents died, she traveled to Bolivia “for personal procedures for religious purposes.”
Maria Esthela Copa Huanca de Guzmán . She lives in Commune 6 of CABA. She traveled to Bolivia to care for her sick father who eventually passed away.
Laura Liliana Gomez Depretto . She lives in the La Perlita neighborhood, in Moreno. Mother of 2 children, she did not leave the country.
Aylin Elizabeth Paredes Acevedo , Argentina. They reside in Chubut, she did not travel abroad . However, the Ministry of Human Capital assures her that she “registers trips to Colón, Uruguay.”
Claudia Patricia García Vergara . She resides in the Province of Misiones, of Colombian nationality , “she traveled abroad due to illness and then the death of her mother.”
Veronica Laura Godoy . She was born in Argentina, she resides in Quilmes, she has not traveled abroad. She responds to the Ministry of Human Capital that registers a trip to Norway . She received double duty from the Empower Work, she performs various tasks in the community space of the Front of Organizations in Struggle (FOL), such as cleaning, weeding, recovery of green space, recovery of plants and vegetation in the place. Outside of her organization, she sells used and new clothes, socks and cosmetic products, individually or as a blanket at the Quilmes station.
The judicial presentation includes testimonies from Bolivian citizens with permanent residence in Argentina who traveled to their country due to illness or death of family members (Franco Fafasuli)
An eternal procedure
These are just some of the examples presented before the Justice of vulnerable people, who accessed the Enhance Work, and who were discharged for traveling abroad. Some did so, for the reasons of force majeure that are exposed, but others did not.
The 22,501 beneficiaries discharged for 90 days must present justification for their trips, or prove that they did not do so during that period. However, as explained in the Collective Amparo, this is impossible to comply with for several reasons.
The judicial text explains it like this: “The arbitrary suspension of three months, applied by the Ministry of Human Capital, shows complete ignorance regarding administrative law since before carrying out the suspension of the Empower Work Program with a clear objective that the three months is impossible to meet, since the National Directorate of Migration (DNM) to provide the Certificate of Migratory Movements is carried out through two instances, first through the DNM page, where two forms, validate email, validate credentials and password, and pay a fee, then this procedure generates an order number. In the second instance, with this order number, you continue in Remote Processing (TAD) in 'Immigration Certification' where you complete a data form, and two 'required' and 'requiring' forms and attach the DNI or a service in your name. of the beneficiary, if he does not have this service in his name, the beneficiary must obtain a domicile certificate, complete it and send it and the TAD file for the Immigration Certification is produced, which can take up to 12 months .
For this reason, the lawyers abound, "the three months that the Ministry of Human Capital suspends is removed from any possibility of the administration's right of defense, which places him at a disadvantage, without defense, discriminated against, and without salary."
Social organizations and picketers marched in front of the Ministry of Human Capital to protest the lack of food in cafeterias and arbitrary withdrawals from the Empower Work program (AP Photo/Natacha Pisarenko)
These are some of the reasons why they understood that: “ The administrative rule issued is unconstitutional . ” And “in the case of migrant workers, the Argentine State is a State party to the International Convention on the Protection of the Rights of all migrant workers and their families, adopted by the General Assembly in its resolution 45/158, of December 18. December 1990, within the framework of the International Labor Organization.”
The lawyers of the piquetero leaders who decided to appear in court explained to the judges that: “On March 5, 2024, the beneficiaries learned that they did not receive the salary from the Empower Work Program. When they consulted the agency about the reasons for the suspension, they were surprised, since they were informed that the suspension occurred because they had made trips abroad.”
They also detailed that: "There are situations where beneficiaries of the program were discharged for the same reason stated above but never left the national territory, so it can be suspected that the immigration records produced by the National Directorate of Migration would be data biased by the crossing of a single name and a single surname , and as a consequence generated homonymous coincidences with other people who possibly traveled, and this is a way of stigmatizing or discriminating against a sector of the population - Bolivian majority - that the State intends to take away the right to travel , free mobility, the right to family reunification, but 'traveling' is not a sufficient reason to lose the character of vulnerability.”
These are some of the reasons why the sponsoring lawyers understand that “this protection action is appropriate in light of the manifest arbitrariness of the Ministry of Human Capital and a precautionary measure is issued for the collection of workers' salaries.” And they state:
- Right to work.
-Right to free movement, includes the right to enter, stay and leave the country
-In the specific case of plan beneficiaries who are not Argentine citizens, the right to equality and non-discrimination .
