COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF ARGENTINA

11 August 2004


The Committee on the Elimination of Racial Discrimination has considered the report of Argentina on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

Alfredo V. Chiaradia, Permanent Representative of Argentina to the United Nations Office at Geneva, presented the report, saying that the promotion and protection of human rights was a central objective of the State party which also sought to bring to trial and prosecute any person who had violated human rights. Argentina had taken several steps to combat discrimination and had demonstrated that by its application of the Durban Declaration and Programme of Action, adopted at the World Conference on Combating all Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001. The Government was currently drafting a national action plan against discrimination and had adopted a new migration act, among other things.

Also presenting the report was Enrique Oteiza, President of the National Institute to Combat Discrimination, Xenophobia and Racism, who drew attention to the recent economic crisis in the region which had resulted in the worsening of poverty and unemployment in Argentina and, in particular, had had a deep impact on the vulnerable population. As a result of the crisis, new forms of discrimination had resulted in terms of economic opportunities. Concerning indigenous people, the delegate noted that the current Government had taken a decision to obtain all the necessary information to carry out an analysis to draw up a policy to better serve the indigenous population and to go beyond the traditional approaches which had taken place up to now.

In the course of the discussion, which was held over two meetings, issues concerning the Government’s plan to address the issue of indigenous people, multiculturalism, anti-Semitism, migration matters and police reform were raised among other subjects.

In preliminary remarks, the country Rapporteur for the report, Committee Expert Patrick Thornberry, noted the efforts of the Government in dealing with the question of indigenous people through its institutions which specifically addressed the issue. When tackling problems pertaining to Islam phobia and anti-Semitism, the State party should bear in mind the principle of non-discrimination as well. Mr. Thornberry said the Government had expressed its commitment to address key issues underlined by a move to legal pluralism in the midst of the enduring effects of an economic crisis.

The Committee will present its final conclusions and recommendations on the sixteenth to eighteenth periodic reports of Argentina, which were presented in one document, at the end of its session, which concludes on 20 August.

The delegation of Argentina also included representatives of the National Institute to Combat Discrimination, Xenophobia and Racism; the Ministries of Interior, Justice and Foreign Affairs; the National Institute of Indigenous Affairs; and the Office of the National Director for Immigration.

When the Committee reconvenes at 3 p.m. this afternoon, it will begin its consideration of the report of Tajikistan (CERD/C/463/Add.1).

Report of Argentina

According to the sixteenth to eighteenth periodic reports of Argentina, presented in one document CERD/C/476/Add.2, two human rights bodies have been created at the national level, one within the Ministry of Justice, Security and Human Rights, and the other within the Ministry of Foreign Affairs, International Trade and Worship. Among the institutions created by the Government are the National Commission for the Right to an Identity to assist the search for disappeared children and determine the whereabouts of kidnapped and disappeared children of unknown identity; the National Commission on the Disappearance of Persons (CONADEP); and the National Institute to Combat Discrimination, Xenophobia and Racism (INADI), which constitutes the executing agency for State policy in this field.

The report states that since 1983, the year in which a new stage in Argentina’s democracy began, an effort has been made to combat discrimination. Nevertheless, there are still government actions to be taken to fight discrimination in all fields. Moreover, some individual or group manifestations of discrimination reflect the xenophobic ethics, psychology, beliefs and ideas found in all societies, regardless of government action. However, the chief difficulties in consolidating this action derive from the economic limitations which have seriously affected the struggle against discrimination. There are about 15 different ethnic groups, each with its own culture, language and other special features. Indigenous peoples in Argentina enjoy all the rights of the inhabitants of the Argentine Republic by virtue of the national Constitution and the other laws in force.

Argentina is committed to guaranteeing full respect for the human rights of migrants and their families and, among other things, has adopted the necessary legal measures to criminalize migrant smuggling. The problems of discrimination are taken carefully into account in all areas of government policy, although, among vulnerable groups, persons with different capacities are those who have suffered least from flagrant acts of that nature. As a result, few cases are brought to court in which the victim of acts of discrimination is a disabled person. Among other things, the report addresses the rights to housing, to freedom of expression, to work, to health, and to
education. It spells out in particular the anti-discrimination measures taken by the State party
in the area of education.

Presentation of Report

ALFREDO V. CHIARADIA, Permanent Representative of Argentina to the United Nations Office at Geneva, said it was the will of the Government to respect international commitments by implementing the international agreements it had entered into, including that of the International Convention on the Elimination of all Forms of Racial Discrimination. International treaties, including the Convention, were on an equal footing with the provisions of the Argentine Constitution and took precedence over national and provincial legislation. Moreover, the promotion and protection of human rights was a central objective of the State party which also sought to bring to trial and prosecute any person who had violated human rights. Argentina had taken several steps to combat discrimination and had demonstrated that by its application of the Durban Declaration and Programme of Action, adopted at the World Conference on Combating all Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001. The Government was currently drafting a national action plan against discrimination and had adopted a new migration act, among other things. In closing, the Ambassador said dialogue was essential to make progress and was essential in order to achieve goals, such as that of combating discrimination.

ENRIQUE OTEIZA, President of the National Institute to Combat Discrimination, Xenophobia and Racism, said his country had embarked on recent projects for the purpose of implementing the Durban recommendations and the Convention itself. Argentina, as of 1983, had made a strong commitment and had made significant progress in implementing legislation in practically all the aspects pertaining to racial discrimination.

Drawing attention to the recent economic crisis in his region, the delegate said the crisis had resulted in the worsening of the situation in Argentina, in particular in the areas of poverty and unemployment, and had had a deep impact on the vulnerable population. As a result of the crisis, new forms of discrimination had resulted in terms of economic opportunities; the Government had since embarked on a national policy to overcome these problems. The Argentine economy had been described as going through a significant increase in its debt. Consequently, Argentina experienced a deepening of the trends in terms of the distribution of wealth and also in the increase in unemployment. The disparity between the rich and poor deepened; in 2001, 50 per cent of the poorest families received only 22 per cent of the overall income and the wealthiest 10 per cent received approximately 30 per cent. Moreover, the proportion of persons living below the poverty level had increased to 57 per cent and 27.5 per cent were living below the threshold of extreme poverty.

In the face of this deepening crisis, the Argentine Government had set up a food emergency programme in 2002 and a plan had been created to benefit those who lost their jobs; in that regard, vocational training was made available for those most severely affected to allow them to re-enter the work force. Some 2 million people had benefited from this system throughout the country. In the health sector, a programme was put into action to remedy existing problems concerning the provision of medicines free of charge, one of the largest programmes worldwide; some 6,200 primary health centres had been set up to meet the needs of the poorest sections in society. Concerning education, a Government campaign encouraged young people from low-income families to enrol in school and school materials were made free of charge. Among the social welfare measures taken were the construction of dwellings throughout the country targeting primarily low-income families and efforts to find gainful employment for those out of work.

In August 2003, Mr. Oteiza said, the Argentine Congress adopted a law that declared void laws that were related to impunity for crimes against humanity that were committed during the years of the last military dictatorship. This was a demonstration of the current Government’s desire to put an end to these pockets of impunity which still existed against the most horrendous crimes against humanity, the delegate added. The Government was strengthening its policy on human rights by way of creating a culture of truth and justice.

In addition to several international human rights instruments, Argentina had also ratified the Latin American Convention on Human Rights, Mr. Oteiza said. Of significance was the replacement of the general law on immigration adopted in 1980 with a new law in 2004 which reflected the commitment assumed by the State party to guarantee the same rights as that of the Convention and directly related to the relevant articles to the Constitution of the country. The main element of this new law was that it guaranteed all immigrants and foreign residents in Argentina the access to justice.

In 2001, the delegate noted, the Government of Argentina, with the support of the United Nations Development Programme and the Office of the High Commissioner for Human Rights, set out to prepare a National Plan against Discrimination, Xenophobia and Other Forms of Intolerance. The aim of this plan was to implement the conclusions of the World Conference against Racism in Durban.

In terms of indigenous people, the current Government had taken a decision to obtain all the necessary information to carry out an analysis to draw up a policy to better serve the indigenous population and to go beyond the traditional approaches which had taken place up to now. Among other things, the Government aimed to provide bi-lingual services to benefit these people and to foster improved cooperation between indigenous people and the Government.

Discussion

PATRICK THORNBERRY, the Committee Expert serving as Country Rapporteur, noted the effects of the economic crisis on the Argentine people and the progress made to move forward. While noting the pre-existence of a reference to indigenous people in the Constitution of Argentina, the Rapporteur welcomed more information regarding the Government’s policy on indigenous people and requested updated figures on refugees and asylum seekers.

Mr. Thornberry noted the information on legislative measures provided in the report and welcomed the Government’s decision to place international human rights treaties on equal footing with domestic legislation. The Rapporteur also welcomed the strengthening of the National Institute to Combat Discrimination, Xenophobia and Racism (INADI), yet asked what effects the cutbacks to that institution had had on its functioning on a national level. The Rapporteur noted the prominence given to the anti-discrimination plan and asked for more information on resources to support the plan. Also noted were the Government’s efforts to support affirmative action and the active participation of non-governmental organizations in society.

The Rapporteur noted the anti-Semitic prevention measures taken by the Government. He requested additional information on the case cited in the previous report on the attacks on the Israeli Embassy and Argentine-Jewish Mutual Association in Buenos Aires.

Mr. Thornberry asked for additional information on the mater of freedom of opinion and expression, as well as for education measures, in particular schooling for indigenous people, and more specifically, what did pupils in Argentina know about their co-national indigenous people, had there been efforts to support minority languages in schools.

Other information was requested by the country Rapporteur on the training of judges on human rights standards; complaints received by INADI; religious freedoms; and land rights. On the latter point, the Rapporteur asked whether traditional occupation gave rise to recognized land rights and whether there were adequate provisions in Argentine law which respected the right of indigenous land rights. Similarly, what steps had been taken by the Government prior and subsequent to the ratification of ILO Convention 169 concerning indigenous populations. Also noted with regard to land rights was the statement by the Special Rapporteur on religious intolerance, who emphasized the need to return ancestral lands to indigenous people.

According to a non-governmental organization, Mr. Thornberry said, there was a lack of translation services for non-Spanish speakers in the country and a lack of information made available to personnel working at border crossings on immigration policy. More information was sought in that regard.

The Special Rapporteur on Religious Intolerance, Mr. Thornberry said, had focused in his report on Argentina on the negative role of the media in relation to the Arab and Muslim population. Moreover, according to information received there were no known indigenous or ethnic minorities in the Cabinet or the Supreme Court of Argentina. More information was requested on both matters.

In closing, the country Rapporteur noted that much of Argentine legislation was in line with the International Convention on the Elimination of all Forms of Racial Discrimination. Argentina was a modern country with modern plagues and one which had been affected by changes in migration patterns and an economic crisis.

In response to questions raised on indigenous persons living in Argentina, a member of the delegation said in general there had been an improvement in dealing with indigenous matters largely due the efforts of the National Institute of Indigenous Affairs. Among other things, these groups had been provided with welfare assistance.

Several members of the Committee asked what impact the economic crisis of 2001-2002 had had on indigenous people to which the delegation said the crisis had had very little effect on the indigenous people since they had already been experiencing a deep crisis previously. Most of the indigenous people who did not participate greatly in economic life found that they had even fewer possibilities during the crisis. The crisis did help, however, in that it initiated the social welfare plan which targeted most vulnerable groups, including indigenous communities, by way of a head of household plan and various food plans, to name some examples. An indigenous development programme was also up and running to develop the infrastructures in indigenous communities. These programmes amounted to over $ 3 million this year.

On a question pertaining to inter-cultural and bi-lingual education, the delegation noted that a programme on such education was established by the National Institute of Indigenous Affairs (INAI) under the Ministry for Social Development in conjunction with the Ministry of Education. The first such programme was introduced by INAI three years ago but had since been refined for further impact; the programme was a strategy which, in addition to promoting multicultural diversity, promoted development of other cultures in country. Among the projects created by INAI in this regard, was one which provided scholarships to secondary school indigenous students; some 6,000 scholarships this year were allocated in cooperation with indigenous leaders. The delegation said they hoped to increase the number of scholarships distributed in the future after receiving additional feedback from the indigenous communities.
Literacy programmes had also been created as well as workshops to generate teaching materials to correct the curriculum content as it affected the indigenous population. Also mentioned was the funds invested in teacher assistance programmes targeting indigenous communities.

In response to a question on the image of indigenous people in the media, the delegation noted the policy initiated by the President of the Republic which focused on inclusion in society of indigenous communities; this involved human development with a consolidated identity of the indigenous people.

The delegation responded to questions on migration by highlighting that this was a difficult issue given the technical shortcomings. In years past, Argentina had legislation based on national security which thus led to an expulsion policy; Argentina had since been moving away from that policy and had opened its borders with far less restrictions and according to the principles of equality. Estimated figures showed that there were between 700,000 to 1.5 million illegal, undocumented immigrants living in Argentina. Since the 1860s, the delegation added, there had been an inflow of people coming into Argentina and since then it had developed a very multicultural setting. In theory, the State allowed a national from any other country to enter its territory provided that he/she did not have a criminal record; once in Argentina the person could benefit from the same rights enjoyed by its citizens.

On the subject of migrant workers, the delegation said these people had the same benefits of citizens. There was an estimate of undocumented workers amounting to 0.06 per cent of overall employment figures. All trade unions had always insisted on the Government bearing in mind the situation of migrant workers. The delegation added that training courses for migration officials in cooperation with UNHCR had also been instituted.

More specifically on human trafficking, the delegation noted that there was a new directorate as a means of combating this crime which dictated that the process of legalizing migration cases should take no longer than 30 days; this was initiated by the President of the Republic.

The delegation noted that yesterday Argentina signed the International Convention on Migrant Workers and Members of their Families, and that Article 14 of the Convention on Racial Discrimination on communication was being prepared for adherence by the State party. Since 1994 the Constitutional Court provided that treaties prevail over national laws and some human rights treaties had Constitutional rank.

In response to a question, the delegation noted that in 2001 there was a national census where a question concerning self-identification of indigenous people was included. It was determined that three per cent of the population was indigenous. Currently, an additional survey was being carried out seeking a more refined diagnosis concerning the characteristics of the indigenous people in Argentina. This additional survey was presented to 60,000 indigenous people and involved themes such as the preservation and use of an indigenous language, living in an indigenous community, access to indigenous medicine, educational status, labour situation, housing, and land ownership. Regional workshops were also set up to help design the survey and regional indigenous representatives were also appointed to help formulate the survey and to serve as awareness raisers to give information by word of mouth so the people understood the purpose of the census.

Concerning the question raised on ILO Convention 169 on indigenous land rights, the delegation said the Government had ratified the Convention and it entered into force in 2001; due to the economic crisis in Argentina it had been difficult to revise the State’s legislation in conformity with the Convention. Subsequently, a decree was handed down by the President to create a high-level committee to deal with legislation concerning the Convention; the Committee included indigenous representatives. The Committee was currently looking into this question. Also concerning land ownership, the delegation noted that the Government was currently undertaking studies to determine who held land ownership titles to help settle pending cases involving indigenous land issues.

Concerning police matters, the delegation indicated that the Government was working on the reform of the federal police. There were some 40,000 police officers in Buenos Aires alone; there was no significant percentage of police officers who had been expelled; when they were expelled they left the police force but many joined criminal organizations already existing in Argentina. As to discrimination against vulnerable groups by the police, sometimes they had been far more victimized than other sectors of society, the delegation said. The reform was underway to assure that it would lead to considerable improvement to provide actions to dealing with incidents of police brutality, to protect these vulnerable groups forces and to punish those responsible.

Among the measures taken on awareness raising, INADI had a public campaign carried out through radio broadcasts which were designed for cultural awareness and the prevention of discrimination, particularly for those living on the fringes of society.

Concerning people of African descent, the delegation noted that some 30 per cent of the population was of African origin, most of whom were of slave origin. Argentina had abolished slavery very early in its history. However, the delegation said, around that time, there was a group in the national army which was of African origin. This regiment was used to exterminate the indigenous population in country and in turn they were exterminated. There were also epidemics which eliminated many of these African groups.

In response to the question on the attacks on the Israeli Embassy and Argentine-Jewish Mutual Association in Buenos Aires, the delegation said the current Government was committed to expedite the procedure underway to cope with these attacks; they were only a few months away from conclusion. Restrictions had been removed on officers so as to provide the maximum amount of information and the Ambassador of Israel had also cooperated with the Argentine Government. In response to these attacks a report on anti-Semitism was produced to highlight such acts of discrimination.

Concerning asylum and refugee status, in Argentina there was currently a draft law being considered providing a comprehensive view of asylum. The current laws provided for a procedure by which a person was eligible to apply for asylum. Any person applying for asylum was offered rights by law; the law also made it impermissible to extradite that person to a country where they would be subject to any persecution. There were also possibilities for an applicant to appeal any decision taken. If the person had a record of being involved in terrorist activities they were denied access; generally any obstacle must be considered by the justice system.

On women’s issues, the delegation noted that in Buenos Aires there was a specific programme for migrant workers to reduce discrimination against women and support had been given to institutions for indigenous women. The social agrarian programme had a programme for involving indigenous women. Moreover, sexual exploitation and trafficking had been addressed by the Government in coordination with the United Nations High Commissioner for Human Rights to help tackle the problem. A programme was also being launched at airports concerning child trafficking as a priority of the Government.

Asked how indigenous people were represented in public positions, the delegation said there were public offices in different provinces where indigenous people were represented. In general, in the provinces where there were the largest indigenous communities there were mayors, governors, members of parliament, police and teachers among other indigenous persons who were participating in civil life.

Preliminary Remarks

PATRICK THORNBERRY, the Committee Expert serving as Country Rapporteur, thanked the delegation for the rich supply of information it had provided during the course of the two-day meeting. Although the report was excellent, additional information, in particular in statistics, was needed in order to enable the State party to fine-tune certain social and community policies effectively.

The Rapporteur noted that the census was clarified and expressed his gratitude for that. Also noted was the National Plan on Human Rights, freedom of expression measures, security of the person and vulnerable groups, and education efforts. In that regard, he encouraged further training for police and security forces in terms of anti-discrimination. Mr. Thornberry noted with favour the stress on human rights in its policy on migration and said the principle of non-discrimination should be noted when pursuing that policy. Also welcomed was the ratification of the International Convention on Migrant Workers and Members of their Families and the ongoing efforts to implement ILO Convention 169 concerning indigenous land rights.

The Country Rapporteur said the multicultural education process by the Government should be complemented by the teaching of ones’ own culture; education and multiculturalism went together, he added. Also noted were the efforts of the National Institute to Combat Discrimination, Xenophobia and Racism (INADI) and National Institute of Indigenous Affairs (INAI) and the movement to a more holistic approach to dealing with the indigenous question in general. When tackling problems pertaining to Islam phobia and anti-Semitism, the State party should bear in mind the principle of non-discrimination, as well. Mr. Thornberry also noted the historical background provided on Afro-Argentines and welcomed more information in future reports on that subject.

In conclusion, the Rapporteur said the delegation had expressed a great deal of commitment by the Government to address key issues underlined by a move to legal pluralism in the midst of the enduring effects of an economic crisis. Argentina was going through a process of self-identification and the results should be based on the implementation of the Convention.