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06 March 2001
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CERD
58th session
6 March 2000
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon started its consideration of the fifteenth periodic report of Argentina on how that country implements the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.
An Argentinean Government delegation told the Committee Experts that Argentina was not free of all problems. Only by admitting the presence of problems could the country hope to resolve them. The delegation did not look at this process as a review, but rather it was a joint endeavour.
Eugenio Zaffaroni, the head of the National Institute to Combat Discrimination, Xenophobia and Racism (INADI), led the six-person delegation that also told Committee Experts that teachers had been trained on the importance of teaching the elimination of racism. Other efforts included anti-racist publicity spots shown in the country's largest football stadiums, and radio advertisements every two hours dealing with anti-racist subjects, featuring famous actors. A similar programme on television would start soon.
Further, the delegation said, the Government was finishing a census of indigenous people that would allow Argentina to get an accurate look at their situation in the country.
Answering questions posed by Committee members, the delegation explained its treatment of international treaties in domestic legislation. Argentina, during the military dictatorship, had not ratified many covenants and international treaties. When the constitutional Government was established at the end of 1983, Argentina ratified almost all of the international treaties. But voices immediately said the country was violating national law and hesitations were expressed. That was the reason why the conventions and treaties had constitutional status. This meant that these declarations were relevant. To change the texts, a two-thirds majority would be needed in both houses of government.
Committee Experts asked several other questions of the delegation, which will return on Wednesday, 7 March, to answer the inquiries.
Joining Mr. Zaffaroni on the delegation were Horacio Solari, the Ambassador and Permanent Representative of Argentina to the United Nations Office at Geneva; Norma Nascimbene de Dumont, a Minister at the Argentinean Mission in Geneva; Sergio Cerda, a Councillor at the Argentinean Mission in Geneva; Ana Gonzalez, Coordinator-General at INADI; and Waldo Villapando, an expert at INADI.
As one of the 156 States parties to the Convention, Argentina is required to submit regular reports to the Committee. During its three-week session, Committee Experts will review the reports of nine other countries. They will also review the status of the Convention in six countries whose reports are seriously overdue.
The delegation will return tomorrow at 10 a.m. to further answer the questions of the Committee Experts.
Report of Argentina
The fifteenth periodic report of Argentina (CERD/C/338/Add.9) details, on an article-by-article basis, how the country has upheld its responsibilities detailed in the International Convention on the Elimination of all Forms of Racial Discrimination.
The report states that the Constitution of the Autonomous City of Buenos Aires guarantees that all persons have the same dignity and are equal before the law. It recognizes the right to be different, and stipulates that there can be no discrimination that leads to segregation on account of race, ethnic origin, gender, sexual orientation, age, religion, ideology, opinion, nationality, physical characteristics, psychophysical, social or economic status or other circumstance implying any distinction, exclusion, restriction, or detriment.
The document also details the role of the National Institute to Combat Discrimination, Xenophobia and Racism within the Ministry of the Interior. The body is responsible for formulating national policies and practical measures to combat discrimination, xenophobia and racism.
Presentation of the Report of Argentina
EUGENIO ZAFFARONI, head of the National Institute to Combat Discrimination, Xenophobia and Racism of Argentina, said his country was not free of all problems. Only by admitting the presence of problems could the country hope to resolve them. The delegation did not look at this process as a review, rather it was a joint endeavour.
Mr. Zaffaroni said there were differing opinions in Argentina on whether Article 14 of the Convention, the individual complaints procedure, should be dealt with by decree law. Argentina had no reservations about individual complaints, and the procedure it offered was nothing new to the country.
Because of the change of Government in Argentina, there had been a slight delay in pushing through Article 6 of the Convention. Because the provisions of the Convention were considered on par with Constitutional guarantees, getting this through was similar to amending the Constitution and took a long time.
A seminar had been held to train teachers on the importance of teaching the elimination of racism. There were anti-racist publicity spots that were shown in the country's largest football stadiums. Radio broadcasts had advertisements every two hours dealing with anti-racist subjects, and famous actors had been hired to do those. A similar programme on television would start soon.
Other members of the delegation said the country had ratified ILO Convention 169 on indigenous peoples. It would come into force on 3 July of this year, and it included recognition that indigenous peoples were equal and were considered as a community and a group. The Institute of Indigenous Affairs last year had been decentralized. It had been part of the Office of the Secretary of Social Policy, but was recently moved to the Ministry of Social Affairs. Eventually, the head of the Institute would have the status of a Secretary.
In Argentina, the Government was just finishing a census of indigenous people. This had been scheduled to be completed last year, but for budgetary reasons, it was delayed until 2001. A comprehensive census -- the last was completed in 1965 and was quite clearly out of date -- would provide an accurate look at the situation in Argentina.
Discussion
LUIS VALENCIA RODRIGUEZ, the Committee's Rapporteur on the report of Argentina, said that gross domestic product had dropped 3 per cent while unemployment had risen to 13.8 per cent in 1999 from 12.4 per cent in 1998. It was clear that much of that burden was felt by the indigenous population. In a country of 37 million, between 800,000 and one million were indigenous peoples. What were some of the statistics of how they were affected?
Other Experts asked about: the link between the international treaties and domestic legislation; examples of cases of the new law which gave heavier penalties when there were racial circumstances; the socio-economic situation of racial and ethnic minorities in the country, and their participation in public and political life; a hotline set up to handle complaints concerning racial discrimination; legal statistics about acts of racism; the anti-Semitic attacks of 1992 and 1994; administrative detention in immigration policy; the amount of ethnic diversity in the country, and how were the rights guaranteed by different human rights treaties enjoyed by those group; the Constitutional ranking of the International Convention on the Elimination of all Forms of Racial Discrimination; a court case involving Skinheads; and the recognition mechanisms of indigenous groups.
The delegation, responding to the questions, explained the link between the Convention and domestic legislation. Argentina, during the military dictatorship, had not ratified many covenants and international treaties. When the constitutional Government was established at the end of 1983, Argentina had ratified almost all of the international treaties. Immediately voices said the country was violating national law and hesitations were expressed. That was the reason why the conventions and treaties had constitutional status. This meant that these declarations were relevant. To change the texts, a two-thirds majority would be needed in both houses of government.
* *** *
58th session
6 March 2000
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon started its consideration of the fifteenth periodic report of Argentina on how that country implements the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.
An Argentinean Government delegation told the Committee Experts that Argentina was not free of all problems. Only by admitting the presence of problems could the country hope to resolve them. The delegation did not look at this process as a review, but rather it was a joint endeavour.
Eugenio Zaffaroni, the head of the National Institute to Combat Discrimination, Xenophobia and Racism (INADI), led the six-person delegation that also told Committee Experts that teachers had been trained on the importance of teaching the elimination of racism. Other efforts included anti-racist publicity spots shown in the country's largest football stadiums, and radio advertisements every two hours dealing with anti-racist subjects, featuring famous actors. A similar programme on television would start soon.
Further, the delegation said, the Government was finishing a census of indigenous people that would allow Argentina to get an accurate look at their situation in the country.
Answering questions posed by Committee members, the delegation explained its treatment of international treaties in domestic legislation. Argentina, during the military dictatorship, had not ratified many covenants and international treaties. When the constitutional Government was established at the end of 1983, Argentina ratified almost all of the international treaties. But voices immediately said the country was violating national law and hesitations were expressed. That was the reason why the conventions and treaties had constitutional status. This meant that these declarations were relevant. To change the texts, a two-thirds majority would be needed in both houses of government.
Committee Experts asked several other questions of the delegation, which will return on Wednesday, 7 March, to answer the inquiries.
Joining Mr. Zaffaroni on the delegation were Horacio Solari, the Ambassador and Permanent Representative of Argentina to the United Nations Office at Geneva; Norma Nascimbene de Dumont, a Minister at the Argentinean Mission in Geneva; Sergio Cerda, a Councillor at the Argentinean Mission in Geneva; Ana Gonzalez, Coordinator-General at INADI; and Waldo Villapando, an expert at INADI.
As one of the 156 States parties to the Convention, Argentina is required to submit regular reports to the Committee. During its three-week session, Committee Experts will review the reports of nine other countries. They will also review the status of the Convention in six countries whose reports are seriously overdue.
The delegation will return tomorrow at 10 a.m. to further answer the questions of the Committee Experts.
Report of Argentina
The fifteenth periodic report of Argentina (CERD/C/338/Add.9) details, on an article-by-article basis, how the country has upheld its responsibilities detailed in the International Convention on the Elimination of all Forms of Racial Discrimination.
The report states that the Constitution of the Autonomous City of Buenos Aires guarantees that all persons have the same dignity and are equal before the law. It recognizes the right to be different, and stipulates that there can be no discrimination that leads to segregation on account of race, ethnic origin, gender, sexual orientation, age, religion, ideology, opinion, nationality, physical characteristics, psychophysical, social or economic status or other circumstance implying any distinction, exclusion, restriction, or detriment.
The document also details the role of the National Institute to Combat Discrimination, Xenophobia and Racism within the Ministry of the Interior. The body is responsible for formulating national policies and practical measures to combat discrimination, xenophobia and racism.
Presentation of the Report of Argentina
EUGENIO ZAFFARONI, head of the National Institute to Combat Discrimination, Xenophobia and Racism of Argentina, said his country was not free of all problems. Only by admitting the presence of problems could the country hope to resolve them. The delegation did not look at this process as a review, rather it was a joint endeavour.
Mr. Zaffaroni said there were differing opinions in Argentina on whether Article 14 of the Convention, the individual complaints procedure, should be dealt with by decree law. Argentina had no reservations about individual complaints, and the procedure it offered was nothing new to the country.
Because of the change of Government in Argentina, there had been a slight delay in pushing through Article 6 of the Convention. Because the provisions of the Convention were considered on par with Constitutional guarantees, getting this through was similar to amending the Constitution and took a long time.
A seminar had been held to train teachers on the importance of teaching the elimination of racism. There were anti-racist publicity spots that were shown in the country's largest football stadiums. Radio broadcasts had advertisements every two hours dealing with anti-racist subjects, and famous actors had been hired to do those. A similar programme on television would start soon.
Other members of the delegation said the country had ratified ILO Convention 169 on indigenous peoples. It would come into force on 3 July of this year, and it included recognition that indigenous peoples were equal and were considered as a community and a group. The Institute of Indigenous Affairs last year had been decentralized. It had been part of the Office of the Secretary of Social Policy, but was recently moved to the Ministry of Social Affairs. Eventually, the head of the Institute would have the status of a Secretary.
In Argentina, the Government was just finishing a census of indigenous people. This had been scheduled to be completed last year, but for budgetary reasons, it was delayed until 2001. A comprehensive census -- the last was completed in 1965 and was quite clearly out of date -- would provide an accurate look at the situation in Argentina.
Discussion
LUIS VALENCIA RODRIGUEZ, the Committee's Rapporteur on the report of Argentina, said that gross domestic product had dropped 3 per cent while unemployment had risen to 13.8 per cent in 1999 from 12.4 per cent in 1998. It was clear that much of that burden was felt by the indigenous population. In a country of 37 million, between 800,000 and one million were indigenous peoples. What were some of the statistics of how they were affected?
Other Experts asked about: the link between the international treaties and domestic legislation; examples of cases of the new law which gave heavier penalties when there were racial circumstances; the socio-economic situation of racial and ethnic minorities in the country, and their participation in public and political life; a hotline set up to handle complaints concerning racial discrimination; legal statistics about acts of racism; the anti-Semitic attacks of 1992 and 1994; administrative detention in immigration policy; the amount of ethnic diversity in the country, and how were the rights guaranteed by different human rights treaties enjoyed by those group; the Constitutional ranking of the International Convention on the Elimination of all Forms of Racial Discrimination; a court case involving Skinheads; and the recognition mechanisms of indigenous groups.
The delegation, responding to the questions, explained the link between the Convention and domestic legislation. Argentina, during the military dictatorship, had not ratified many covenants and international treaties. When the constitutional Government was established at the end of 1983, Argentina had ratified almost all of the international treaties. Immediately voices said the country was violating national law and hesitations were expressed. That was the reason why the conventions and treaties had constitutional status. This meant that these declarations were relevant. To change the texts, a two-thirds majority would be needed in both houses of government.
* *** *