A/HRC/35/41/Add.1
quickly denounced and condemned the hateful nature of the offence. The National Institute
against Discrimination, Xenophobia and Racism has also been very proactive in combating
neo-Nazi groups and hate speech on the Internet and fostering religious tolerance and
interfaith dialogue.
VII. Conclusions and recommendations
89.
Argentina has signed the Inter-American Convention against All Forms of
Discrimination and Intolerance and the Inter-American Convention against Racism,
Racial Discrimination and Related Forms of Intolerance. The Special Rapporteur
urges the Government to take measures to ratify those two Conventions.
90.
At the domestic level, Argentina has an extensive legal and institutional
framework to tackle discrimination, racism and xenophobia. The National Institute
against Discrimination, Xenophobia and Racism and the Office of the Ombudsperson
have developed tailored approaches to tackling the issue of discrimination and have
maintained an open dialogue with civil society organizations facilitating the discussion
on persisting violations.
91.
Despite the long-established mechanisms to redress the situation of historically
marginalized groups, their situation has not appreciably improved and in some cases
has worsened owing to dire economic conditions and exacerbated land conflicts. The
absence of disaggregated socioeconomic indicators remains problematic. Moreover,
an assessment of the impact of the 2005 National Plan against Discrimination has yet
to be undertaken.
92.
The Special Rapporteur urges the new administration to prioritize minority
rights in their human rights agenda, as the situation of indigenous peoples and other
marginalized groups requires immediate attention from the highest levels of
provincial and federal governments. This is crucial if the country is to meet the goals
of the 2030 Agenda for Sustainable Development and the commitment to leaving no
one behind.
93.
In the spirit of constructive dialogue, the Special Rapporteur makes the
following recommendations, which complement the ones previously made by various
human rights mechanisms, including the Committee on the Elimination of Racial
Discrimination in 2016.
On the legal, policy and institutional framework
94.
The Special Rapporteur reiterates the recommendation to elevate racial
discrimination to a criminal offence while adopting the definition contained in the
International Convention on the Elimination of All Forms of Racial Discrimination.
95.
The 2005 National Plan against Discrimination, which is a good practice, needs
to be thoroughly assessed and new objectives defined with the active participation of
concerned groups, who should also be duly involved in monitoring progress.
96.
While efforts by the National Institute against Discrimination, Xenophobia and
Racism are commendable, it should strengthen its actions with regard to violations
experienced by indigenous peoples. It should expand its reach to the most remote
areas of the country and pay special attention to indigenous peoples in addition to
other vulnerable groups, including people of African descent, migrants and those
subjected to cross-cutting vulnerabilities, such as women and lesbian, gay, bisexual,
transgender and intersex persons. Furthermore, efforts to fight horizontal prejudice
need to be strengthened in order to be more effective.
97.
The Special Rapporteur invites the Ministry of Justice and Human Rights and
the National Institute against Discrimination, Xenophobia and Racism to facilitate the
development of strong civil society organizations and networks among those
marginalized groups that are not well organized with a view to empowering them.
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