E/C.12/ARG/CO/3
5.
The Committee notes with appreciation the legislative and other measures
undertaken by the State party to implement economic, social and cultural rights, and in
particular:
(a)
The inclusion for the first time in 2010 of a question based on selfidentification of Argentinians of African descent in the National Census;
(b)
The Migration Act (No. 25871 of 2004) which, inter alia, protects the right of
all migrants, including those in an irregular situation, to free access to education and health
services (arts. 7 and 8);
(c)
The National Mental Health Act (No. 26657 of 2010) promoting communitybased health services and guaranteeing an interdisciplinary approach;
(d)
The Equal Marriage Act (No. 26618 of 2010) which, inter alia, provides
same-sex couples the same marital rights as heterosexuals;
(e)
The Act on the protection of glaciers (No. 26639 of 2010) safeguarding the
glaciers and periglacial areas of the State party;
(f)
The National Education Act (No. 26075 of 2006) which, inter alia, allocates
6 per cent of the gross domestic product for education purposes.
C.
Principal subjects of concern and recommendations
6.
The Committee notes the absence of specific information concerning the domestic
case law applying the Covenant rights while also noting that the Constitution of the State
party grants constitutional rank to the Covenant and ensures its prevalence over ordinary
statutes in the case of their inconsistency with the Covenant.
The Committee requests the State party to provide in its next periodic report
comprehensive information about the application of the Covenant rights by the
judiciary. In this context, the Committee draws the attention of the State party to
general comment No. 9 (1998) on the domestic application of the Covenant.
7.
The Committee recommends that the State party consider amending the
appointment procedures of the Defensor del Pueblo to make it possible to fill the post
now and to avoid deadlocks in the future.
8.
The Committee notes with concern that Act No. 26160 (extended by Act No.
26554), regarding the possession and ownership of lands traditionally occupied by
indigenous peoples, has not been fully implemented. It is also concerned about delays in
providing indigenous communities with ownership titles to such lands or territories (arts. 1,
11, 12 and 15).
The Committee urges the State party to ensure the full and coordinated
implementation of Act No. 26160/26554 both at the federal and provincial levels. The
Committee recommends that the State party finalize the processes of demarcation in
all provinces, as foreseen by the Constitution and existing laws, and that it expedite
the granting of communal title of land to indigenous communities.
9.
The Committee is concerned about the persisting threats, displacements and violent
evictions of indigenous peoples from their traditional lands in numerous provinces. The
Committee also regrets the shortcomings in consultation processes with affected indigenous
communities, which in some cases have led to the exploitation of natural resources in the
territories traditionally occupied or used by them without their free, prior and informed
consent and without just and fair compensation being paid to them, in violation of the
Constitution (art. 75) and International Labour Organization (ILO) Convention No. 169
2