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25 October 2000
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Human Rights Committee
70th session
25 October 2000
Afternoon
Argentina this afternoon presented a third periodic report to the Human Rights Committee on its compliance with the provisions of the International Covenant on Civil and Political Rights with a Government delegation affirming that the country was on the right road to democracy.
Presenting the report, Leandro Despouy, Special Representative for Human Rights and International Environment at the Ministry of External Relations, International Trade and Culture of Argentina, recalled that his country had been one of the Latin American States where military dictators had been associated with many cases of forced disappearances. He said that as of 1983, democracy had been restored and democratic institutions were getting stronger.
After hearing responses from the delegation, Committee experts queried the Argentinean officials on such issues as the fate of kidnapped children and the measures taken by the Government to elucidate the situation; impunity; trafficking in women and prostitution; the problem of illegal abortion which caused 15,000 deaths annually; the role of the Ombudsman at federal and states level; and protection of minorities.
In addition to Mr. Despouy, the Argentinean delegation was made up of Eugenio Zaffaroni of the National Institute against Discrimination; Norma Nascimbene de Dumont, Minister at the Permanent Mission of Argentina in Geneva; Sergio Cerda, Counsellor at the Mission; Marta Laferriere from the Ministry of Justice and Human Rights; and Waldo Villalpando.
Argentina is among the 148 States parties to the Covenant and as such it must submit periodic summaries of its efforts to give effect to the treaty; and it is also obligated to send a Government delegation to present the reports and answer questions raised by Committee experts.
The Committee will continue its consideration of Argentina's report when it reconvenes at 10 a.m. on Thursday, 26 October.
Report of Argentina
The third periodic report of Argentina (document CCPR/C/ARG/98/3) says that the country fully guarantees the exercise of the right of self-determination, with respect not only to the whole population who make up the State but also to the autonomy of each person who forms part of the population. The Argentinean people freely determine the political, economic and social regime. The various communities possess the instruments necessary in order to conserve and develop their culture.
The report says that the constitutional reform of 1994 had provided for larger rights to indigenous populations. Indigenous identity had been reinforced through the introduction of bilingual and inter-cultural education; indigenous communities had been given legal status and their possession of community land was recognized.
At the international level, Argentina is actively participating in all forums at which the issue of indigenous peoples is considered, particularly the intern-American level, where it has made considerable contributions to the draft Inter-American Declaration on Indigenous Peoples. It is also a member of the Development Fund for the Indigenous Peoples of Latin America and the Caribbean.
Introduction of Argentina's Report
LEANDRO DESPOUY, Special Representative for Human Rights and International Environment at the Ministry of External Relations, International Trade and Culture of Argentina, recalled that his country had been one of the countries of Latin America where military dictators reigned. There had been cases of forced disappearances under the military dictatorship.
As of 1983, democracy had been restored and institutions in which democracy was being brought in were getting stronger, Mr. Despouy said. Argentina had been faced with the dilemma of how to start the democratic process; however, with the rapid introduction of international and national laws, and with the parallel dismantling of the dictatorial institutions, democracy had been strengthened. At present, Argentina had ratified all the major international human rights instruments.
Mr. Despouy said that derogation from the law of amnesty had permitted the trial of former military personnel who were involved in the repressive system and those suspected of committing the crime of forced disappearances and torture. Some military personnel of the former dictatorial regime had been sentenced to life imprisonment. The act of military uprising and disobedience had also been repressed by democratic means.
No law in Argentina limited the crimes of kidnapping of youngsters which allowed the forced disappearances of many citizens, Mr. Despouy noted. With the efforts of the Association of Grandmothers of the Plaza de Mayo, the former military leader General Fidela and others accomplices had been convicted. Since the restoration of democracy, military officials had been brought before courts and questioned about the fate of victims of disappearances.
In addition to convicting perpetrators, Argentina had done a lot to compensate victims of detention under the military dictators, Mr. Despouy said. It had also compensated families of victims of disappearances with sums amounting to 300 million pesetas.
Discussion
In response to written questions prepared by Committee experts in advance, the members of the Argentinean delegation said the Government was preparing a law to adopt the International Labour Organization Convention 169 related to indigenous rights. It had also taken measures in which it recognized the autonomous nature of its indigenous peoples through constitutional recognition. Further steps had been taken to return land to the indigenous communities through purchase and expropriation; the territories where the different indigenous peoples lived had been demarcated and fair distribution of land had been applied.
The national plan for the indigenous communities was launched by the Government of Argentina in the province of Chubut, the delegation said. At the same time, 250,000 hectares of land had been transferred to the Mapuche communities; and delimitation was currently under way to ensure that the land was non-transferable and exempt from tax.
In addition, the Government had taken federal legislative measures to protect minorities living around the capital city where people belonging to different ethnic groups were living, the delegation said. In order to apply the measures effectively, local legislative measures were reinforced with the aim of protecting all vulnerable groups in the capital and in the provinces.
The educational system of Argentina had been restructured to adopt the specific needs of the indigenous peoples with the aim of instituting an inter-cultural educational method, the delegation said. A community educational system had been introduced with the involvement of parents, students and teachers.
With regard to the situation of women, the delegation said that the status of women had been upgraded through legislative amendments which considered women as one of the major actors in the society. In addition, specific administrative and legislative measures had been taken to assist women with special needs. Their active participation in the public life had been strengthened not only through federal measures but also through provincial and local measures. Major projects had been executed to empower women in society and to allow them to participate in public life as political leaders.
Women were also participating in the judiciary as judges and procurators, the delegation said. In courts, the representation of women was significant; and women were absent only in the commercial criminal court. Besides, women played important managerial roles in the private sector. In the country's universities, the majority of the students were women. Regrettably, as in all other countries, the university education of women did not necessarily lead to the enjoyment of equal pay for equal work performed. The constitutional reform of 1994 had granted constitutional rank to the Convention on the Elimination of All Forms of Discrimination against Women.
Abortion was punished under Argentinean law, except for medical reasons in which the danger could not be prevented by any other means, the delegation said. The Government had been launching programmes aimed at reducing maternal death and sexual violence. Many of the federal states had now adopted laws recognizing reproductive health as part of human rights. With regard to violence against women, progress had been made in recent years following the adoption of laws to fight such phenomenon.
With regard to the investigation of persons forced to disappear and the whereabouts of those individuals, the Government had taken legal measures to resolve those regrettable incidents that took place during the military rule, the delegation said. The families of the mission persons were informed about their children as the investigation continued and wherever a case was put to light. In many cases, pregnant women had been kidnapped and their newly born children had been taken away either by traffickers or others interested in illicite international adoption. Other children who were kidnapped had changed names and identity, which made the situation more complicated. At present, those persons who were responsible for the theft of children were standing trial.
In order to trace and return the children of disappeared persons, the Under-Secretary for Human and Social Rights of the Ministry of Interior had established a national commission on the right to an identity, the delegation said. The aim was to search for missing children and establish the whereabouts of the abducted children whose identity was not known, and of children born to women illegally deprived of their liberty. The search and tracing operation covered children who were victims of abduction or trafficking in minors.
The national commission created at the request of the Association of Grandmothers of Plaza de Mayo was working with the national genetic data bank to gather DNA samples from family members and from children whose identity had been changed, the delegation said. Currently, it was investigating 284 complaints.
The provision on the death penalty had been excluded from the regular Argentinean legislation since 1936, the delegation said. However, capital punishment was maintained under the code of military justice. There was no possibility to bring back the death penalty because of the fact that Argentina belonged to the Inter-American convention on the issue. There had been some initiatives to return the death penalty, but it was only wishful thinking. The Government was also planning to repeal the provision under the military code in time of peace.
On pre-trial detention, the delegation said that the order to grant or deny release from detention of an individual might by appealed by the public prosecutor or the defence counsel without suspensive effect, within 24 hours. A pre-trial detention order might be appealed in the court issuing the order, which should give a ruling.
Following the responses, Committee experts queried the Argentinean delegation on such issues as the fate of kidnapped children and the measures taken by the Government to elucidate the situation; impunity; trafficking in women and prostitution; the problem of illegal abortions which caused 15,000 deaths annually; the role of the Ombudsman at federal and states level; and protection of minorities.
* *** *
70th session
25 October 2000
Afternoon
Argentina this afternoon presented a third periodic report to the Human Rights Committee on its compliance with the provisions of the International Covenant on Civil and Political Rights with a Government delegation affirming that the country was on the right road to democracy.
Presenting the report, Leandro Despouy, Special Representative for Human Rights and International Environment at the Ministry of External Relations, International Trade and Culture of Argentina, recalled that his country had been one of the Latin American States where military dictators had been associated with many cases of forced disappearances. He said that as of 1983, democracy had been restored and democratic institutions were getting stronger.
After hearing responses from the delegation, Committee experts queried the Argentinean officials on such issues as the fate of kidnapped children and the measures taken by the Government to elucidate the situation; impunity; trafficking in women and prostitution; the problem of illegal abortion which caused 15,000 deaths annually; the role of the Ombudsman at federal and states level; and protection of minorities.
In addition to Mr. Despouy, the Argentinean delegation was made up of Eugenio Zaffaroni of the National Institute against Discrimination; Norma Nascimbene de Dumont, Minister at the Permanent Mission of Argentina in Geneva; Sergio Cerda, Counsellor at the Mission; Marta Laferriere from the Ministry of Justice and Human Rights; and Waldo Villalpando.
Argentina is among the 148 States parties to the Covenant and as such it must submit periodic summaries of its efforts to give effect to the treaty; and it is also obligated to send a Government delegation to present the reports and answer questions raised by Committee experts.
The Committee will continue its consideration of Argentina's report when it reconvenes at 10 a.m. on Thursday, 26 October.
Report of Argentina
The third periodic report of Argentina (document CCPR/C/ARG/98/3) says that the country fully guarantees the exercise of the right of self-determination, with respect not only to the whole population who make up the State but also to the autonomy of each person who forms part of the population. The Argentinean people freely determine the political, economic and social regime. The various communities possess the instruments necessary in order to conserve and develop their culture.
The report says that the constitutional reform of 1994 had provided for larger rights to indigenous populations. Indigenous identity had been reinforced through the introduction of bilingual and inter-cultural education; indigenous communities had been given legal status and their possession of community land was recognized.
At the international level, Argentina is actively participating in all forums at which the issue of indigenous peoples is considered, particularly the intern-American level, where it has made considerable contributions to the draft Inter-American Declaration on Indigenous Peoples. It is also a member of the Development Fund for the Indigenous Peoples of Latin America and the Caribbean.
Introduction of Argentina's Report
LEANDRO DESPOUY, Special Representative for Human Rights and International Environment at the Ministry of External Relations, International Trade and Culture of Argentina, recalled that his country had been one of the countries of Latin America where military dictators reigned. There had been cases of forced disappearances under the military dictatorship.
As of 1983, democracy had been restored and institutions in which democracy was being brought in were getting stronger, Mr. Despouy said. Argentina had been faced with the dilemma of how to start the democratic process; however, with the rapid introduction of international and national laws, and with the parallel dismantling of the dictatorial institutions, democracy had been strengthened. At present, Argentina had ratified all the major international human rights instruments.
Mr. Despouy said that derogation from the law of amnesty had permitted the trial of former military personnel who were involved in the repressive system and those suspected of committing the crime of forced disappearances and torture. Some military personnel of the former dictatorial regime had been sentenced to life imprisonment. The act of military uprising and disobedience had also been repressed by democratic means.
No law in Argentina limited the crimes of kidnapping of youngsters which allowed the forced disappearances of many citizens, Mr. Despouy noted. With the efforts of the Association of Grandmothers of the Plaza de Mayo, the former military leader General Fidela and others accomplices had been convicted. Since the restoration of democracy, military officials had been brought before courts and questioned about the fate of victims of disappearances.
In addition to convicting perpetrators, Argentina had done a lot to compensate victims of detention under the military dictators, Mr. Despouy said. It had also compensated families of victims of disappearances with sums amounting to 300 million pesetas.
Discussion
In response to written questions prepared by Committee experts in advance, the members of the Argentinean delegation said the Government was preparing a law to adopt the International Labour Organization Convention 169 related to indigenous rights. It had also taken measures in which it recognized the autonomous nature of its indigenous peoples through constitutional recognition. Further steps had been taken to return land to the indigenous communities through purchase and expropriation; the territories where the different indigenous peoples lived had been demarcated and fair distribution of land had been applied.
The national plan for the indigenous communities was launched by the Government of Argentina in the province of Chubut, the delegation said. At the same time, 250,000 hectares of land had been transferred to the Mapuche communities; and delimitation was currently under way to ensure that the land was non-transferable and exempt from tax.
In addition, the Government had taken federal legislative measures to protect minorities living around the capital city where people belonging to different ethnic groups were living, the delegation said. In order to apply the measures effectively, local legislative measures were reinforced with the aim of protecting all vulnerable groups in the capital and in the provinces.
The educational system of Argentina had been restructured to adopt the specific needs of the indigenous peoples with the aim of instituting an inter-cultural educational method, the delegation said. A community educational system had been introduced with the involvement of parents, students and teachers.
With regard to the situation of women, the delegation said that the status of women had been upgraded through legislative amendments which considered women as one of the major actors in the society. In addition, specific administrative and legislative measures had been taken to assist women with special needs. Their active participation in the public life had been strengthened not only through federal measures but also through provincial and local measures. Major projects had been executed to empower women in society and to allow them to participate in public life as political leaders.
Women were also participating in the judiciary as judges and procurators, the delegation said. In courts, the representation of women was significant; and women were absent only in the commercial criminal court. Besides, women played important managerial roles in the private sector. In the country's universities, the majority of the students were women. Regrettably, as in all other countries, the university education of women did not necessarily lead to the enjoyment of equal pay for equal work performed. The constitutional reform of 1994 had granted constitutional rank to the Convention on the Elimination of All Forms of Discrimination against Women.
Abortion was punished under Argentinean law, except for medical reasons in which the danger could not be prevented by any other means, the delegation said. The Government had been launching programmes aimed at reducing maternal death and sexual violence. Many of the federal states had now adopted laws recognizing reproductive health as part of human rights. With regard to violence against women, progress had been made in recent years following the adoption of laws to fight such phenomenon.
With regard to the investigation of persons forced to disappear and the whereabouts of those individuals, the Government had taken legal measures to resolve those regrettable incidents that took place during the military rule, the delegation said. The families of the mission persons were informed about their children as the investigation continued and wherever a case was put to light. In many cases, pregnant women had been kidnapped and their newly born children had been taken away either by traffickers or others interested in illicite international adoption. Other children who were kidnapped had changed names and identity, which made the situation more complicated. At present, those persons who were responsible for the theft of children were standing trial.
In order to trace and return the children of disappeared persons, the Under-Secretary for Human and Social Rights of the Ministry of Interior had established a national commission on the right to an identity, the delegation said. The aim was to search for missing children and establish the whereabouts of the abducted children whose identity was not known, and of children born to women illegally deprived of their liberty. The search and tracing operation covered children who were victims of abduction or trafficking in minors.
The national commission created at the request of the Association of Grandmothers of Plaza de Mayo was working with the national genetic data bank to gather DNA samples from family members and from children whose identity had been changed, the delegation said. Currently, it was investigating 284 complaints.
The provision on the death penalty had been excluded from the regular Argentinean legislation since 1936, the delegation said. However, capital punishment was maintained under the code of military justice. There was no possibility to bring back the death penalty because of the fact that Argentina belonged to the Inter-American convention on the issue. There had been some initiatives to return the death penalty, but it was only wishful thinking. The Government was also planning to repeal the provision under the military code in time of peace.
On pre-trial detention, the delegation said that the order to grant or deny release from detention of an individual might by appealed by the public prosecutor or the defence counsel without suspensive effect, within 24 hours. A pre-trial detention order might be appealed in the court issuing the order, which should give a ruling.
Following the responses, Committee experts queried the Argentinean delegation on such issues as the fate of kidnapped children and the measures taken by the Government to elucidate the situation; impunity; trafficking in women and prostitution; the problem of illegal abortions which caused 15,000 deaths annually; the role of the Ombudsman at federal and states level; and protection of minorities.
* *** *