A/HRC/35/41/Add.1 8. Argentina is a federal constitutional republic with 23 provinces and an autonomous city, the capital Buenos Aires. Provinces enjoy a high level of autonomy, which also explains the different levels of implementation of anti-discrimination laws and measures. The provinces with the highest proportion of indigenous are also the places with the greatest incidence of violent expression of racism and discrimination against this minority. III. Legal framework for combating racism and discrimination A. International human rights obligations 9. Argentina has ratified all the international human rights instruments, 2 including the International Convention on the Elimination of All Forms of Racial Discrimination. The country made a declaration under article 14 of the Convention in which it recognized the competence of the Committee on the Elimination of Racial Discrimination to receive and consider communications from individuals or groups of individuals claiming to be victims of violations of any of the rights set out in the Convention. In addition, Argentina ratified in 2000 the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169). However, it has not ratified the ILO Migration for Employment Convention (Revised), 1949 (No. 97) or Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). 10. In 2001, the Government of Argentina committed to integrating the conclusions of the Durban Declaration and Programme of Action into a national plan of action against discrimination.3 11. At the regional level, Argentina is party to a number of instruments, and in 2013 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, but is yet to ratify them. B. Constitutional provisions 12. The 1994 Constitution defines Argentina as a democratic and pluralistic society, with a focus on the full respect of human rights. Its pillars include the equal enjoyment of rights for all inhabitants, whether Argentine or foreign. 4 The term “inhabitant” refers to nationals and foreigners residing on the national territory, even if they have not taken up residence and therefore applies to migrants and asylum seekers. Article 20 stipulates that foreigners enjoy within the territory of the nation all the civil rights of citizens. However, the 1994 Constitution maintained article 25 of the 1853 Constitution, which specifically mentions that the Federal Government shall foster European immigration. The Rapporteur is of the view that this may be in contradiction with the principle of equality. 13. Article 75 (17) establishes the acknowledgement of the ethnic and cultural preexistence of indigenous peoples of Argentina. It further guarantees respect for their identity and their right to bilingual and intercultural education and recognizes the legal capacity of these communities and their ownership of the lands they traditionally occupy. However, the visit revealed that those provisions have not yet been implemented in reality. 2 3 4 4 See national report submitted in accordance with para. 5 of the annex to Human Rights Council resolution 16/21 (A/HRC/WG.6/14/ARG/1), para. 7. See Towards a National Plan against Discrimination: Discrimination in Argentina (Buenos Aires, 2005), pp. 12 and 13. See arts. 14 and 14 bis.