Uber’s battle for Buenos Aires is shaking rule of law in Argentina

A 2016 protest against Uber in Buenos Aires. Image: Getty.

Just 12 hours after Uber’s service became available in the Argentine capital, Buenos Aires, taxi industry representatives took the company – and the city’s administration – to court. The case was similar to those faced by the company in London, Barcelona, Copenhagen, Budapest, Frankfurt and several US states and Canadian provinces. Uber has faced legal challenges in relation to labour and licensing regulations, as well as allegations of misuse of data and tax avoidance.

Uber’s expansion has become a global epic with regional episodes. While the specifics differ, the terms of the debate remain the same. On one side: the rhetoric of inevitable technological progress and free choice. On the other: claims that precarious work and exploitation have reappeared in a sleeker guise.

Yet the Buenos Aires instalment of the saga is, in some ways, unique. In other places, Uber has acted on authorities’ demands – in some cases leaving those markets entirely, in others reforming or waiting for new regulations to develop. But on 22 April 2016, when a Buenos Aires judge declared Uber’s activities to be in breach of local laws and ordered the immediate blockade of the app, Uber simply continued its operations.

Since then, protests by both Uber and taxi drivers have intensified, while the conflict has branched out on several legal fronts, dragging in more courts, Uber drivers, tax authorities, Uber officials themselves and most recently one of the company’s Argentine lawyers, who initiated legal action in the state of California for what his legal representatives describe as “the unimaginable harm Uber inflicted on him as a result of Uber’s recklessly orchestrated entry into Buenos Aires”.

Uber’s strategy might seem scandalous – perhaps even more so, because it’s working.


Power to the people?

From the beginning of the conflict, the ride-sharing company argued that existing rules were obsolete, and that it was willing to cooperate with authorities to develop a legal framework “adapted to 21st century technology”, so that people would be “able to choose freely” like millions of others around the world.

Among the middle classes of many developing nations like Argentina, these arguments and references to modernity have huge political significance. In countries where democratic institutions are haunted by spectres of corruption and bureaucratic mismanagement, citizens see in Uber’s platform a world of opportunities. Anyone can set out and drive someone for money, a completely impenetrable algorithm produces market values according to demand, and users rate each other based on their experience. And crucially, no local actor can interfere: Uber’s separation from the state is seen to guarantee its virtues.

As part of my PhD fieldwork in Buenos Aires, I was researching how the middle classes understood the place of Argentina in the world. To these people, Uber carried the promise of a modernity beyond local interests and petty regulations. It seems the company has effectively aligned itself with the side of “the people”, in a struggle against governments, unions and other interests, which appear to stand in the way of progress.

A test for democracy

The legal tug-of-war resulting from Uber’s strategy is testing the strength of Argentina’s governance structures. Cities and states seeking to enforce the rule of law can appear silly and provincial in the eyes of their citizens – even when similar laws are followed elsewhere. Buenos Aires’ minister of transportation characterised Uber’s business strategy as being “two-tiered”: respecting governments in developed countries, ignoring them in developing ones.

Uber’s regional director for Latin America George Gordon replied:

French president Emmanuel Macron received Dara Khosrowshahi, Uber’s CEO, and they jointly announced investments in new forms of transportation and the launching of an insurance policy bringing maternity and paternity benefits to drivers and accident and injury coverage. This is an example of the relations we want to build in each country and city where we operate. Uber will continue to operate in Argentina, committed to growing and in the hope of opening a space of dialogue and cooperation with national authorities.

The irony is that the modernity middle class people in developing countries yearn for cannot exist without government and the rule of law. The structures and policies of private companies are set up for profit, not for public interest. The point of the law is precisely to ensure there is a framework citizens can reach out for, when things go wrong.

If the driver of a ride-sharing platform commits a crime, would a low rating be sufficient sanction? Would it be for that platform’s management to decide what counts as evidence? Those opposing Uber asked such questions hundreds of times, but amid the race for modernity they have seemed to be somehow missing the point.

Uber’s legal conflict in Buenos Aires may be entering its fourth year, but the people have already decided their winner. A developing nation’s yearning for modernity proved the crucial battleground for a slightly different epic than usual. At the very least, this ongoing saga should prompt new debates about new technologies and their place in people’s lives.

The Conversation

Juan Manuel del Nido, Postdoctoral Researcher, University of Manchester.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

 
 
 
 

Here are my five favourite London council estates

The Dunboyne Road estate. Image: Steve Cadman/Wikimedia Commons.

The author is a Labour member of the London Assembly. In the name of impartiality, CityMetric would like to extend the invitation to write similar columns to representatives of other political parties.

From successful post-war efforts to move families out of slums and into modern homes, to today’s efforts to construct a new generation of social housing, there’s much to be celebrated in London’s precious council housing stock.

This year we celebrate the centenary of the Addison Act, which established a national building programme with government funding for the first time. So here – in no particular order – are my top five London estates:

1. Dunboyne Road

In 1965, the newly established London Borough of Camden was bold and radical when it came to public housing. Their architect’s department boasted 98 staff, led by Sydney Cook. The Grade II listed Dunboyne Road (pictured above) was Britain’s first high-density, low-rise estate. Designed in the late 1960s and completed in 1977, it was the first major work by architect Neave Brown.

Its concrete construction and geometric layout are eye-catchingly modernist, but the 71 flats and maisonettes fit neatly into their surroundings; a reimagining of the classic London street for the 1960s. Each has a private terrace and own entrance onto the central pedestrian walkway and communal gardens, with stepped levels and dual-aspect windows creating light throughout.

Neave Brown himself lived on the estate in the final years of his life remarking, “Who am I to say, but it’s beautiful”.

2. Lilington Gardens

Located just off Vauxhall Bridge Road, the fourteen blocks at Lilington Gardens were built between 1964 and 1972. Between three and eight storeys each, it was again a rejection of the tower blocks which dominated the era, showing that mid-rise housing could provide both beauty and density.

Image: Ewan Munro/Wikimedia Commons.

At a time when Westminster could be proud of the quality of its housing, John Darbourne and Geoffrey Darke won a competition to design the new estate. The result was something special, eschewing modernist forms for something more rugged and layered. The layout allows for secluded green spaces, while the red brick cladding echoes the neighbouring Victorian church of St James the Less. Like all good estates, it included a pub – the Grade II*-listed Pimlico Tram (now The Cask). It was included not as an afterthought, but an integral part of the estate’s design.

3. Ossulston Estate

By the early 1950s, the London County Council’s architect’s department was the biggest in the world, building housing on a huge scale in addition to showp iece projects such as the Southbank Centre.

Though their suburban estates – Downham in Bromley, and Becontree in Barking and Dagenham – were pioneering examples of low-rise of modernity in metroland, these efforts did not always suit the needs of poor city dwellers who weren’t able to move further out. The Ossulton Estate, however, built between 1927 and 1931 on the site of a Somerstown slum and located between Euston and St Pancras stations, did exactly that.

Image: Stephen McKay/Wikimedia Commons.

Chief architect George Topham Forrest’s work was inspired by visits to ‘Red’ Vienna and Ossulston bears distinct similarities to Karl Marx-Hof, which was constructed at the same time. While the roofs and windows have traditional elements, the overall aesthetic is a modernist classic. Like many estates in post-war years, it suffered from neglect and a lack of investment, but following a £6m improvement programme by Camden Council in 2004, the Ossulston is now back to its brilliant best.

4. Alton Estate

Roehampton’s Alton Estate, completed in 1959, was designed by a team led by Rosemary Stjernstedt – the first woman to serve as a senior public sector architect in Britain.

The two parts of the estate – East and West – are the crown jewels of British post-war council housing. Alton West was Le Corbusier in Albion: six ultra-modernist blocks modelled on the Unité d’habitation in Marseille, set among the landscape inherited from the Georgian Mount Clare house. Alton East was a softer, Scandinavian-inspired design of the “new Brutalists” in the LCC.

Image: Stevekeiretsu/Wikimedia Commons.

Rising above the trees to the north east of Richmond Park, the Alton Estate stands testament to the visionary idealism of post-war council housebuilding. On its completion, visitors flocked from across the globe, with American critic G.E. Kidder Smith calling it “probably the finest low-cost housing development in the world”.

Sadly, Alton West however is now at risk from ‘regeneration’ proposals which would see 288 existing homes lost. While council estates should not be fetishised, with investment, improvement and expansion encouraged, any change must be done sensitively and with residents’ backing. I hope that Wandsworth Council and Redrow will follow the mayor’s Good Practice for Estate Regeneration and hold a ballot before plans go ahead, and that if they do, they build on Rosemary Stjernstedt’s legacy.

5. King’s Crescent

When it comes to regeneration Hackney Council have taken an altogether different approach to Wandsworth.

Located on Green Lanes opposite the magnificent Clissold Park, King’s Crescent’s route to a successful and well-supported regeneration project hasn’t always been an easy one. The early 1970s estate was blighted by poor construction, navigability issues and an ill-fated partial demolition in 2000 which turned much of the landscape into hoardings and rubble. But thanks to a step-change in resident engagement and a transformation programme funded by Hackney Council, by 2023 it will be host to 765 new and refurbished homes.

Image: David Holt/Wikimedia Commons.

In the era of government-imposed cuts to local authority budgets, councils have to be pragmatic about funding choices and the new King’s Crescent does include homes for private sale. This is understandably a source of some consternation, but it’s also the source of funding which has made the regeneration possible. Hackney has ensured that more than 50 per cent of the new homes are genuinely affordable, with 97 brand new council homes for social rent.

The new developments have greatly enhanced the area, using both new build and renovation to stitch the estate better into its Victorian surroundings. Existing homes have been retrofitted with balconies, while disused garage space has been repurposed for modern flats. Hackney have clearly thought carefully about character and open spaces, as well as ceiling heights, windows and internal storage.

It is an exceptional project – one of a growing number of new schemes now being spearheaded by ambitious councils across the capital. In 2018-19, the Mayor of London funded the start of 1,916 new council homes – the highest figure since 1984-85.


…what about the Barbican?

On the fiftieth anniversary of its opening, it would be remiss not the mention the Barbican. It’s a brutalist masterpiece and a fantastic feat of post-war planning and design. The location and design are clearly outstanding, but it’s the bright and modern interiors which are truly to die for.

So why is it not on the list? Although it was built by the City of London Corporation, not one of the flats was ever available at a social rent. The properties were built to let at market rents to workers in the City, who later found themselves in the fortunate position of being able to snap them up under the Right to Buy – still the fate of far too many of London’s vital social homes.

Tom Copley is a Labour member of the London Assembly.