A/HRC/35/41/Add.1
39.
Although performance data are collected, including the class repetition rate, they are
not disaggregated and simply compare rural and urban performances. At higher education
levels, it is evident that minority groups, especially indigenous peoples, are not represented
either as students or faculty.
40.
Access to safe drinking water remains a challenge for a number of communities. The
Special Rapporteur conducted a follow-up visit to the community of Nam Qom, in
Formosa, which had already received several visits, including by the Inter-American
Commission on Human Rights, regarding its living conditions and land struggles. The
community is located 30 minutes from the Governor’s building yet still does not benefit
from running water, nor adequate sanitation or housing. The community has evidently been
neglected by provincial authorities and resembles a slum. The Rapporteur notes the serious
discrepancy between the progress reported in all sectors by the local government and the
complaints received from local civil society actors and indigenous communities that
travelled from across the province to meet with him. This is not an isolated case. The
Rapporteur noted a paternalistic approach to addressing indigenous questions that favours a
welfare response rather than a strategy to sustainably empower those communities.
Violations of civil and political rights
41.
The Special Rapporteur is seriously concerned about the information regarding the
continued harassment and violence directed towards indigenous communities, both by
government agents or made possible through their complicity or inaction. These have often
taken place in the context of the ongoing land disputes previously described by human
rights mechanisms that have reviewed Argentina. While the adjudication of these cases by
the local courts hardly ever goes in the favour of the communities, there is a continued
criminalization of communities who often stage protests by blocking national roads to be
heard since they have very few means of making their claims visible. These protests and
demonstrations have been violently repressed by excessive use of force by local security
forces, at times using tear gas and rubber bullets against crowds of elders, women and
children. The continued criminalization of community leaders and defenders is also very
worrisome. This further contributes to reinforcing horizontal discrimination and
stigmatization of indigenous peoples. It was reported that at times local authorities had
fostered resentment against indigenous peoples.
42.
The Special Rapporteur would like to bring attention to section IV. A of the 2012
report of the Special Rapporteur on the rights of indigenous peoples, James Anaya
(A/HRC/21/47/Add.2), in which he describes violations related to land tenure. The Special
Rapporteur is highly disappointed that no progress has been made in that regard and —
given that the legal provisions ordering the suspension of evictions of indigenous
communities from the lands they occupy is soon to expire — he reiterates the
recommendations contained in the aforementioned report.
43.
Most worrisome is the continued persecution of certain communities. On 30
September 2015, several members of the Qom Potae Napocná Navogoh “La Primavera”, in
Formosa, were wounded by the provincial security forces following a blockade by a group
of 10 women with their children who were claiming their right to decent housing. This
community had already been subjected to violent repression in 2010 in similar
circumstances leading to the death of a community member and a police officer. In 2011,
the Inter-American Court of Human Rights issued precautionary measures No. 404-10
instructing the protection of the community. Their leader, Felix Diaz, still faces a number of
criminal charges, and his family is subjected to harassment. This is an emblematic case yet
believed to be representative of many others as documented by the organization Amnesty
International.14
44.
The Special Rapporteur also received information about a trend of reprisal against
lawyers providing legal counsel to indigenous communities. He heard, for example, about
14
10
In 2015,Amnesty International published a mapping of 200 cases of conflicts in Argentina involving
indigenous communities. See http://territorioindigena.com.ar/.