A/HRC/35/41/Add.1
indigenous peoples, including their right to participate in decisions that affect them, yet has
been criticized for implementing a social welfare approach to supporting indigenous
communities, rather than promoting their sustainable development. The Institute manages
the national registry of indigenous communities and coordinates their effective involvement
in the elaboration and implementation of programmes and policies, including issues of land
survey and social services, in consultation with the Council of Indigenous Participation,
established by law to ensure the participation of indigenous peoples in decision-making
processes. However, concerns persist about the fact that the Government has the final say in
determining the modality of the selection of representatives of indigenous communities in
the Council, which convenes at the discretion of the President of the National Institute of
Indigenous Affairs, who has never been someone from indigenous communities. The
Special Rapporteur notes with gravity the continuing level of distrust regarding the ability
of the Institute to represent effectively indigenous interests, and its limited financial
capacity to fulfil its mandate. The Institute is also in charge of managing the most
contentious aspect of indigenous land ownership, namely, the demarcation of the lands that
the communities occupy. Indigenous communities still experience challenges in receiving
proper support from the Institute in order to obtain recognition as legal entities and to be
able to follow the procedure to its conclusion once they have introduced their claim for land
ownership; challenges also exist in receiving adequate support when seeking remedies for
undue evictions.
25.
Article 86 of the Constitution of 1994 establishes the Office of the Ombudsperson.
The Constitution provides the office with the procedural right to seek justice whenever the
collective rights of citizens are threatened, violated or repudiated by any action of the State.
The Ombudsperson may launch investigations into public administration acts that may
infringe rights and interests, including extended or collective interests. Certain groups
benefit from special attention, including indigenous peoples and migrants. It is worth noting
that, despite the many calls and recommendations made by various human rights
mechanisms, at the time of the visit there had not been a formally selected Ombudsperson
since 2009. However, the officer in charge and his team, including provincial delegates,
have documented and investigated reports of rights violations and addressed the institutions
concerned.
26.
The Media Ombudsperson mandated by Law 26.5220 receives and channels
complaints from the general public with a view to promoting and defending people’s rights
regarding both public and private audiovisual media. It also has a mandate to promote the
participation of all sectors of society in the media. Since starting its operation late in 2012,
the institution noted that historical patterns of discrimination and exclusion are also
reflected in the audiovisual media in the form of communicational practices ranging from
negative representations and stereotyping and discriminatory rhetoric to blatant invisibility,
namely, in news reporting and advertising.
IV. Trends and manifestations of racial discrimination in
Argentina
27.
The Special Rapporteur notes with concern that little improvement has been made in
the situation of historically discriminated groups since the most recent visit by the Special
Rapporteur on the rights of indigenous peoples in 2012 and the Committee on the
Elimination of Racial Discrimination reviews in 2010 and 2016. The Special Rapporteur
found that in Argentina discriminatory practices often intersect with poverty more severely
affecting minority groups, including indigenous peoples, afro-Argentines, and migrants,
with a greater incidence on women and children. This has been referred to as the offence of
“wearing a face”. Discrimination expresses itself in many ways, including through the
denial of access to adequate housing, food, health care, quality education and decent
employment, but also the existence of obstacles in gaining access to justice and the due
process of law, participating in social and political life and enjoying the freedom of
association and assembly, and the criminalization of rights defenders.
28.
There is a high level of prejudice among the population at large. The Special
Rapporteur notes the implementation by the National Institute against Discrimination,
7