A/HRC/35/41/Add.1
are amalgamated with the more recent African immigrants and experience similar
difficulties in terms of stigmatization and access to decent employment and public services.
63.
The Special Rapporteur notes with appreciation programmes implemented by the
National Institute against Discrimination, Xenophobia and Racism to promote historical
redress and reparation for the Afrodescendent community by facilitating their participation
in the public sphere. It is also noted that 8 November has been established the National Day
of Afro-Argentines and African culture. Moreover, in cooperation with the Office of the
Media Ombudsperson, civil society organizations developed 10 recommendations aimed at
the mass media in order to prevent the use of racist, discriminatory or stereotypical
language or images in various communication outlets.
64.
Despite a number of positive policies, racism and harassment of black people in the
streets and the non-implementation of policies tailored to redress their situation persist.
Most of the measures implemented seem to be cultural, which are necessary in shaping the
perception and opinion of the majority. The absence of a real political commitment has
translated into the absence of concrete actions and even efforts made at blocking certain
initiatives. For example it was reported that in 2010 the now National Minister of Education
banned the use of the Manual of the Bicentennial in the schools of the city of Buenos Aires
arguing that it was too focused on indigenous peoples, people of African descent, women
and workers.
V. Challenges in tackling racism and discrimination
A.
Invisibility
65.
The Special Rapporteur notes with grave concern the continued invisibility of the
most marginalized groups, especially indigenous peoples. This invisibility is noticeable
both at the level of public institutions where indigenous peoples, migrants and AfroArgentine people are not at all represented, and in society at large. That reality is captured
in the discrimination map developed by the National Institute against Discrimination,
Xenophobia and Racism, which found that, according to the perception of respondents, of
the 14 most discriminated against groups of individuals, indigenous peoples are ranked
eighth, right behind people of African descent and far behind persons perceived to be
discriminated against because they are overweight (ranked first). 23 While only 49 per cent
of respondents perceived indigenous peoples to be subjected to discrimination, 77 per cent
of interviewed indigenous peoples reported having experienced discrimination. The law on
indigenous communities is one of the least known legal instruments, with only 12.7 per
cent of the population aware of it. The discrepancies between perceived and experienced
discrimination apply to all groups subjected to racial discrimination.
66.
Overall, 33.4 per cent of the population interviewed by the Institute considers that
indigenous peoples should assimilate with the rest of the population, a perception that is
more widespread in regions where indigenous peoples are numerous, including provinces in
the north-east and north-west and in Patagonia.
B.
Obstacles to gaining access to justice
67.
The Ministry of Public Defence concluded that discrimination constitutes both a
cultural and structural obstacle to gaining access to justice. 24 Indigenous peoples have not
benefited from the measures necessary to guarantee due process while defending their
rights. Major obstacles include the absence of interpreters and translators; limited
23
24
14
Ibid., p. 48.
See Ministerio Público de la Defensa, Acceso a la Justicia de los Pueblos Indígenas (Buenos Aires,
2010),
www.mpd.gov.ar/pdf/publicaciones/biblioteca/014%20Acceso%20a%20la%20justicia%20Indigenas.
pdf.