Skip to main content

Press releases Treaty bodies

Default title

17 November 1999

AFTERNOON

HR/ESC/99/32
17 November 1999


ARGENTINA PRESENTS REPORT TO ECONOMIC, SOCIAL
AND CULTURAL RIGHTS COMMITTEE

Government Delegation Tells Panel About Poor Economic Conditions

The Committee on Economic, Social and Cultural Rights this afternoon started its consideration of the second periodic report presented by a Government delegation of Argentina on the efforts to put the International Covenant on Economic, Social and Cultural Rights into affect.

Introducing the report, Norma Nascimbene de Dumont, Minister Plenipotentiary at the Permanent Mission of Argentina to the United Nations Office at Geneva, said since in 1994, economic progress had dropped to its lowest point in the last three decades. The current economic crisis in the Latin American and other regions of the world had also badly hit the Argentinean economy, she added.

Committee members raised questions about Government policies on microeconomic levels -- about the economic priorities to abide by the requirements of the Covenant obligations; whether indigenous people played national leadership role; about the situation of poverty, which had been called degrading; about the situation of the "new poor" of the middle class created because of lay-offs from privatized economic sectors; and about mechanisms to lodge complaints, among other things.

As one of 142 States parties to the International Covenant on Economic, Social and Cultural Rights, Argentina must submit periodic reports to the Committee on how it was complying with the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Thursday, 18 November, it will briefly meet in private session to discuss the draft concluding observations of the report on Bulgaria, before resuming in public session to continue the consideration of the report of Argentina.

Report of Argentina

The second periodic report of Argentina (document E/1990/5/Add.16) enumerates the legislative and administrative measures undertaken by the Government to implement the provisions of the International Covenant on Economic, Social and Cultural Right on an article-by-article basis. The report says Argentina fully guarantees the exercise of the right to self-determination, not only to its population as a whole, but to every person within that population. The people freely determine their political, economic and social system. The separate communities making up that population, for their part, have the instruments they need to preserve and develop their culture.

The report also says the enjoyment and exercise of all the human rights protected under the Argentinean legal system are extended to all inhabitants of the Republic. The inhabitants include both nationals and foreigners and refers to persons residing in the territory of the Republic with the intention of remaining there.

Moreover, the report says in recent years, the female labour force participation ratio has increased considerably. Women's growing participation in the labour market is the result of the expanding and resolutely outward-oriented economy and change of attitudes towards and about women.


Presentation of Argentinean Report

NORMA NASCIMBENE DE DUMONT, Minister Plenipotentiary at the Permanent Mission of Argentina to the United Nations Office at Geneva, said since democracy was restored in 1983, a number of periodic free elections had taken place in the country. In the recent democratic election, the alliance of the main opposition party had won the presidential elections and the President-elect was expected to take over the country's affairs on 10 December this year. The country was therefore under a transition period, she said.

Ms. Mascimbene de Dumont said since Argentina submitted in 1994 a report to the Committee, the economic situation was disappointing. The economic progress had dropped to a lower level compared to the last three decades. The current economic crisis in the Latin American and other regions of the world badly hit the Argentinean economy.

The Brazilian currency devaluation also affected the economy of Argentina, particularly the small-scale industries which export to Brazil and which were the main sources of employment in Argentina, Ms. Mascimbene de Dumont said. Despite Argentina's macroeconomic solidity, the dropping in economic performance was attributed to external factors. In addition to the Brazilian devaluation, the Mexican, Russian and Asian economic crises had badly affected the country's economy with sharp drops in industrial output.

Ms. Mascimbene de Dumont further said the climate of mistrust among investors and the increase of domestic interest rates had also contributed to Argentinean economy. Despite the increase in volume of exports, the price of main commodities had declined, thus prompting the drop in Gross National Product (GNP).

Discussion

In response to written questions prepared by Committee Experts in advance, the members of the Argentinean delegation said the number of indigenous communities and ethnic minorities was estimated to be between 800,000 and one million. Those segments of the Argentinean population belonged to 17 groups of peoples dispersed in 15 provinces. Because of migration from rural to urban areas and due to the integration in city living, many members of indigenous people lost their cultural identities, which made it difficult to estimate the exact number of indigenous people in general.

Since the constitutional reform of 1994, the provisions of the Covenant could be invoked before Argentinean courts, the delegation said. The Covenant was recognized by the Constitution in addition to the decision established by the Supreme Court of the country. Since Argentina had ratified many of the human rights instruments, it was bound by the obligations of those treaties to implement them in the domestic spheres.

In the past, the delegation said, the international community had helped Argentina to restore its democracy. In that manner, the proposal of the optional protocol to the International Covenant was something that Argentina favoured. However, no final decision had been made by the Government.

The Government of Argentina had taken measures to disseminate knowledge about the Covenant and other international human rights instruments, and also about the concluding observations of the various human rights treaty bodies, the delegation said. The human rights values were indivisible aspects of Government policies and decision.

In the course of the discussion, Committee members raised questions about Government policies on microeconomic levels; about the economic priorities to abide by the requirements of the Covenant obligations; whether indigenous people played national leadership roles; about the situation of poverty, which had been called degrading; about the situation of the "new poor" of the middle class created because of lay-offs from privatized economic sectors; and about mechanisms to lodge complaints, among other things.

In response to these and written questions from Committee Experts, the members of the Argentinean delegation said the recognition of the indigenous people in the reformed Constitution was a landmark in the history of Argentina. The incorporation of the rights of indigenous people within the Constitution was a significant step towards the recognition of the historical identity, ownership of land, transfer of indigenous knowledge and preservation of cultural heritage.

Moreover, the indigenous people of Argentina enjoyed their constitutional rights in the field of bilingual education and in the participation of the national administration of the nation, the delegation said. Additional legislation was also enacted to guarantee the equality of the indigenous people with the rest of the population.

The National Institute for Indigenous Affairs was under negotiation to return lands to the Mapuche community, which had problems in obtaining deeds for their property and had received eviction orders, the Argentinean delegation said. The Institute had set up an indigenous community council to implement measures of land ownership.

A question was raised concerning the return of land to the Kolla, Wichi, Chobote, Toba, Chulupi and Tapiete communities, since the Committee had received information that there were proposals to set up industrial plants on their ancestral lands. The delegation said the National Institute for Indigenous Affairs had taken favourable measures to resolve the conflict and to return the land titles. In addition, technical and financial assistance was provided to those communities.

The National Institute to Combat Discrimination, Xenophobia and Racism (INADI) had carried its function throughout the country by disseminating information, and its performance in the last two years would be evaluated to better tackle the issue, the delegation said.

On equality of women and men, the delegation said Argentina had eliminated all forms of discrimination against women through the strengthening of provisions in the reformed Constitution of 1994. However, like in many other countries of the world, Argentinean women, in practice, were not treated as equally as men. In addition, there was a disparity between the minimum age for marriage between men and women. The civil code fixed the marriage age for women at 16 years and at 18 years for men.

Further, although there were fewer women than men in Government, Argentinean women had access to high-ranking positions, the delegation said. They occupied executive posts, including positions in the judicial and legislative branches. There was not discrimination against women in Argentina, the delegation added.

Responding to a question on illegal foreigners in Argentina, the delegation said since the country itself was made up of immigrants, there was no consideration of abandoning the principle of hosting and settling foreigners. In 1997 alone, the Government had processed the applications for the permanent residence of 22,000 foreigners.