A/HRC/35/41/Add.1
discrimination in Argentina remained structural. It identified the various groups subjected
to discrimination and the trends and manifestations of the phenomenon, and recommended
that any discriminatory act be elevated to a criminal offense and referred to federal
jurisdictions. 9 However, that recommendation remains unfulfilled. As part of the Plan, a
proposal was put forth for reforms in various fields, ranging from the administration of
justice, public administration and security forces to education, health and media, while
delineating emergency actions to be taken, some of which have been implemented.
20.
Argentina has established a number of institutions to address the issue of
discrimination. The Secretariat for Human Rights, under the Ministry of Justice and Human
Rights, manages a national directorate for vulnerable groups to ensure the effective
implementation of national and international standards that guarantee the human rights and
fundamental freedoms of vulnerable groups, including the destitute, migrants, children,
asylum seekers, persons with disabilities, the elderly, women, indigenous peoples and
sexual minorities. 10 The Human Rights Secretariat has a centre dedicated to receiving
complaints and to citizen orientation, focusing on rights violations or denials by national,
provincial or municipal institutions or agents. The centre organizes arbitration between the
parties in conflict or refers the cases to the judicial system along with an opinion based on
collected evidence.
21.
The National Institute against Discrimination, Xenophobia and Racism was created
in 1995 by Law 24.515 as a decentralized institution. Its main objective is to develop
national policies to combat all forms of discrimination, xenophobia and racism, and
promote and implement federal and cross-cutting public policies articulated in consultation
with civil society. The Institute coordinates three observatories to monitor discrimination
on the radio and television, discrimination in sport and discrimination on the Internet.
22.
The Institute also has a mandate to receive and keep a record of complaints related
to discriminatory, xenophobic or racist behaviours. It reported that, in 2015, it had received
1,794 cases, of which 741 had been resolved. The Special Rapporteur notes with
appreciation the fact that the Institute has decentralized representations in all provinces, and
is of the view that, in the light of the severity of the situation faced by certain indigenous
communities in certain provinces and their difficulties in gaining access to justice, the
Institute should reinforce its efforts related to the documentation of violations and
complaints and use the established jurisprudence whereby it can be a plaintiff in cases of
discrimination. In order to be more transparent, the data on registered complaints should
also be disaggregated by province and grounds of discrimination on a yearly basis.
23.
The Special Rapporteur also notes with appreciation that the Institute has produced
two editions of national and local maps of discrimination, with a view to disseminating
reliable data on the subject, assessing the situation of individuals and groups who are
victims of discrimination and informing policies. The maps reflect the perceptions and
experiences of discrimination by the population at large, mostly disaggregated by gender,
age and socioeconomic situation. The Institute has developed the maps in conjunction with
universities throughout the country. This work allows the collection of data on the national
territory but also provides a platform for the issue of discrimination to be discussed within
the university system, which remains reticent in addressing the subject. However, the
Special Rapporteur notes that the disaggregation of data by ethnicity or identity is not
systematic for all indicators. In the most recent map, produced in 2014, the questionnaire
contained a section on sociodemographic characteristics of respondents that included
province of residency, locality, sex, age, level of education, occupation and socioeconomic
index, but no question on the ethnic or group identity. 11
24.
The National Institute of Indigenous Affairs was established in September 1985 by
Act No. 23.302. It is mandated to uphold constitutional provisions on the rights of
9
10
11
6
National Plan against Discrimination, 2005, p. 6.
See the common core document for Argentina dated 8 July 2015 (HRI/CORE/ARG/2014), para. 97.
See Instituto Nacional contra la Discriminación, la Xenofobia y el Racismo, Mapa nacional de la
discriminación: 2a ed. (Buenos Aires, 2014), p. 14, available from www.inadi.gob.ar/mapadiscriminacion/documentos/mapa-de-la-discriminacion-segunda-edicion.pdf.