A/HRC/35/41/Add.1
98.
The Special Rapporteur urges the Government to establish affirmative action
measures to ensure the effective representation of all minority groups in the highest
decision-making positions, and in particular in positions of influence, such as in
education (including at the university level), the judiciary, legislatures and executive
positions; but also among the security forces, including the police at the federal and
provincial levels. This is particularly urgent for indigenous peoples as the current
modes of their participation have largely failed to provide them with the voice and
visibility necessary to remedy their long history of exclusion and marginalization.
99.
The absence of reliable data and statistics remains problematic, and a State
policy must be established that requires the National Institute for Statics to design
protocols for the collection of comprehensive reliable disaggregated data on a wide
range of indicators, in coordination with all ministries and specialized institutions.
The Special Rapporteur invites the Institute to engage with all stakeholders concerned
in designing the questionnaires for the next census, especially with regard to questions
related to identification.
100. The Special Rapporteur would like to suggest that the National Institute
against Discrimination, Xenophobia and Racism involves the National Institute for
Statics in developing its discrimination map with a view to insuring the necessary
levels of data disaggregation while observing the safeguards needed while collecting
identity-related data.
Historically marginalized groups
101. It is urgent that the Government develop a comprehensive whole-ofGovernment policy implemented at the federal and the provincial levels to ensure the
protection of indigenous peoples’ rights.
102. The bilingual, intercultural education envisaged by the Constitution has to be
implemented without further delay. The Ministry of Education needs to involve
indigenous communities in all stages of designing and implementing curricula to that
effect.
103. The National Institute of Indigenous Affairs should be reformed and its
mandate strengthened with wider decision-making powers and a greater reach at
provincial levels. Its composition should include legitimate representatives of
indigenous communities in order to foster trust among its primary constituents. Its
actions regarding the registration of indigenous lands and protocols in place in that
regard should be reviewed in order to become more effective taking into account the
opinion of all stakeholders concerned.
104. The Special Rapporteur understands that Nivaclés are a people also present in
Paraguay, bordering the province of Formosa, and suggests that the State further
investigate the claims of the Nivaclé in Argentina in an effort to prevent statelessness.
105. The Special Rapporteur invites the Government to officially launch the Decade
of People of African Descent nationally and finance specific activities in consultation
with the community.
106. The State should ensure that the operations carried out by its agencies do not
have the purpose or consequence of stigmatizing migrants, but rather facilitate their
regularization.
107. The Special Rapporteur recommends that the Government establish a
comprehensive programme for refugees and migrants to facilitate their access to
adequate housing, health care and language classes and training to foster integration
into the labour market. Such a programme should also include regular dialogues
between migrants and host communities in order to dissipate mistrust, stereotype and
foster a culture of acceptation.
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