A/HRC/35/41/Add.1
the intimidation to which the local delegate of the National Ombudsperson Office in
Formosa had been subjected, including attempts to discredit her competence.
45.
Indigenous peoples are still underrepresented in all spheres of Government. The
Special Rapporteur systematically heard that data in this regard had not been collected.
There was a general acknowledgement that very few indigenous peoples figured in the
various branches of Government, including at the federal level.
46.
Few efforts have been made to implement selection modes that are in line with
indigenous cultural practices to select their representatives sitting in specialized agencies
catering to them. In Formosa, the institution dedicated to indigenous issues is composed of
nine democratically elected directors, of which only three members are from indigenous
communities at present. However, the legitimacy of the indigenous representatives is highly
contested by community members as the way they were selected is not considered to be in
line with indigenous traditions. This situation has fostered serious divisions within
indigenous communities, which denounce a policy of electoral clientelism. This further
stigmatizes the communities who demands respect for their cultural identity and
understanding of life and constitutes an additional obstacle to having their claims heard.
Consultation also remains problematic, specifically regarding the implantation of economic
operators on traditional lands, but also in the design and update of laws that directly
influence indigenous interest.
47.
Although Argentina recognizes a certain number of indigenous communities, the
Nivaclé claim that they have been denied recognition and therefore cannot have access to
national identification cards, which in turn keeps them from gaining access to public
services in the province of Formosa.
B.
Migrants and asylum seekers
48.
According to the 2010 census, the foreign nationals represent 4.5 per cent of the
population of Argentina. Migrants mainly come from neighbouring countries. Only 0.2 per
cent of foreign nationals are from Africa and Oceania, and further 0.5 per cent from China.
The Special Rapporteur notes that migrants from European countries integrate easily into
society, while others have faced challenges.
49.
The Special Rapporteur is concerned that, despite the progressive immigration law,
migrants — both documented and undocumented — continue to face racial discrimination
and xenophobia in areas such as education, access to health care, public services, housing
and employment. Physical attacks against migrants, including murder, have been reported.
In Argentina, as elsewhere, migrants have been scapegoated for the ills of society and in
recent years politicians have used xenophobic or stigmatizing rhetoric against certain
migrant populations.
50.
The Special Rapporteur was informed that some government officials have made
statements in the media accusing migrants of “being responsible for the drug trafficking in
the country”, 15 or in general taking part in criminal activities. 16 Words such as “we are
infested with foreign criminals”17 testify to the mounting xenophobic discourse that some
public figures have used in local media.
51.
Concerns were also raised about a trend of social and institutional discrimination,
particularly affecting migrants from China, Colombia, the Dominican Republic and
Senegal. Colombians have been portrayed as drug traffickers and subjected to difficulties in
entering Argentina, unlike other nationalities in the Southern Common Market
(MERCOSUR) and in contradiction with the migration law.
15
16
17
See article in La Nación (8 May 2014), www.lanacion.com.ar/1688707-miguel-pichetto.
Ibid.
See article in La Nación (19 August 2014), www.lanacion.com.ar/1719966-sergio-berni-el-fin-desemana-detuvimos-a-mas-de-60-extranjeros-que-vienen-a-la-argentina-unicamente-a-delinquir.
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