E/CN.4/2002/73/Add.1
page 14
identity. The Secretary of Worship recalled that article 75 of the Constitution recognized the
rights of indigenous peoples and the need to respect their identity and that Act No. 23302 on the
Protection of Indigenous Communities, adopted on the initiative of Mr. Fernando de la Rua
before he became President of the Republic, had established the National Indigenous Affairs
Institute (INAI) for the implementation of policies on behalf of those communities. He also
stated that such progress had made it possible to start the process of returning land to the
indigenous peoples. The representative of INAI explained that INAI has a temporary mandate as
part of the Ministry of Social Development and the Environment until it becomes a body
composed of experts serving in their personal capacity, in accordance with the law. In May
2001, an advisory council on indigenous peoples would be set up in INAI, as would provincial
councils composed of indigenous representatives appointed by their communities. He also drew
attention to the National Plan for Indigenous Populations, which reflects the Government’s
policy. In addition to a national programme for the free issue of identity documents, indigenous
cross-cultural education, sustainable development and drinking water supplies, a plan provides
for a national programme for the regularization of land, the basis of the indigenous population’s
identity. The representative of INAI said that, on the whole, there was a trend towards the
normalization of the indigenous land situation and that indigenous peoples enjoyed full freedom
of worship.
B. Consultations with non-governmental organizations and
independent experts in the field of human rights
66.
The information collected has been included in part III in order to avoid repetition and
since the situation of communities of religion and belief also reflects the Government’s policy in
respect of religion and belief.
III. SITUATION OF COMMUNITIES OF RELIGION AND BELIEF
67.
The information presented below has been gathered in talks with religious
representatives, laymen, humanists, non-governmental organizations and community leaders, as
well as from written communications.
A. Situation of the Catholic Church
68.
Catholic representatives provided information on the satisfactory situation of the Catholic
Church in Argentina with regard to respect for freedom of religion and freedom to manifest
one’s religion or belief.
69.
Regarding State support for the Catholic Church pursuant to article 2 of the Federal
Constitution, it was made clear that this should not be interpreted as the establishment of an
official religion. It was stated that some provincial constitutions embodied the principle of an
official religion. Catholic representatives explained the special link between State institutions
and the Catholic Church in terms of historical and sociological considerations (the Catholic
Church predates the establishment of the Argentine State and contributed to the building of the
Argentine nation and the majority of the population is Catholic). Church representatives also
referred to various manifestations of Catholicism in public institutions, such as the presence of
crucifixes in the courts and the obligation in certain provinces to teach the Catholic religion in