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Catholic (in particular Caritas Arquidiocesana), have replaced the State in providing aid to the
needy, although using public funds. In the view of the humanists, this situation raises
disquieting issues since it means that the needy and vulnerable must deal with institutions that,
although discharging a social function, have a manifestly religious agenda. In public health, the
Catholic Church, in agreement with several governments, has opposed AIDS campaigns. An
example is offered by the case, in Córdoba, of Enrique Borrini, a minister, who, following a
complaint to the Governor by the archbishop, was compelled to resign for having authorized the
distribution of condoms in the streets. Owing to pressure by the Catholic Church, the provinces
cited above have also opposed any legislation on sex education, including contraception, in
schools. In many provinces, any legislation to promote equality of women with regard to sexual
issues (contraception, abortion, etc.) is systematically set aside.
108. Lastly, the humanist representatives expressed the view that the principles of freedom of
religion and belief and of tolerance and non-discrimination are undermined, owing essentially to
the quasi-monopoly of the Catholic Church in the public domain and its privileged relationship
with the public authorities. They call for the pluralistic nature of Argentine society to be duly
reflected in public policy and State institutions and for equal treatment by the State of minorities
of religion and belief, which implies, in particular, full recognition of non-believers and their
needs.
C. Situation of indigenous peoples
109. Non-governmental representatives explained that there were no official statistics on the
size of the indigenous population. A census was conducted in 1965, but the data collected were
not used. Estimates by indigenous non-governmental organizations suggest a figure of around
900,000, which is close to the estimate of 850,000 provided by the Chairman of INAI. Our
interlocutors report some 450,000 members of indigenous communities, with others in urban and
suburban areas. They comprise 18 ethnic groups. However, some indigenous organizations
estimate an indigenous population of 2 million, although it is hard to identify the majority owing
to their immersion in an urban environment and the very numerous mixed marriages and
resultant ethnic, and religious, interbreeding. This leads to the coexistence of religious beliefs
stemming from traditional religions and indigenous traditions.
110. Regarding freedom of religion, reference was made to legal developments since the 1994
constitutional reform, namely, the repeal of the earlier constitutional provision on the conversion
of indigenous peoples to Catholicism and recognition of the identity of indigenous peoples and
their rights in terms of education, legal personality of communities and communal ownership of
land. Act No. 23302 led to the establishment of INAI, for the promotion of policy on behalf of
indigenous groups.
111. However, non-governmental sources indicate that the very limited advances in this area
merely serve to emphasize the gulf between legislation and practice.
112. The principal problem regarding freedom of religion and freedom to manifest one’s
religion or belief relates to the question of land. Land is the sine qua non for the maintenance
and development of an indigenous identity. A Mapuche tenet holds that “the land does not