A/HRC/35/41/Add.1 indigenous peoples, including their right to participate in decisions that affect them, yet has been criticized for implementing a social welfare approach to supporting indigenous communities, rather than promoting their sustainable development. The Institute manages the national registry of indigenous communities and coordinates their effective involvement in the elaboration and implementation of programmes and policies, including issues of land survey and social services, in consultation with the Council of Indigenous Participation, established by law to ensure the participation of indigenous peoples in decision-making processes. However, concerns persist about the fact that the Government has the final say in determining the modality of the selection of representatives of indigenous communities in the Council, which convenes at the discretion of the President of the National Institute of Indigenous Affairs, who has never been someone from indigenous communities. The Special Rapporteur notes with gravity the continuing level of distrust regarding the ability of the Institute to represent effectively indigenous interests, and its limited financial capacity to fulfil its mandate. The Institute is also in charge of managing the most contentious aspect of indigenous land ownership, namely, the demarcation of the lands that the communities occupy. Indigenous communities still experience challenges in receiving proper support from the Institute in order to obtain recognition as legal entities and to be able to follow the procedure to its conclusion once they have introduced their claim for land ownership; challenges also exist in receiving adequate support when seeking remedies for undue evictions. 25. Article 86 of the Constitution of 1994 establishes the Office of the Ombudsperson. The Constitution provides the office with the procedural right to seek justice whenever the collective rights of citizens are threatened, violated or repudiated by any action of the State. The Ombudsperson may launch investigations into public administration acts that may infringe rights and interests, including extended or collective interests. Certain groups benefit from special attention, including indigenous peoples and migrants. It is worth noting that, despite the many calls and recommendations made by various human rights mechanisms, at the time of the visit there had not been a formally selected Ombudsperson since 2009. However, the officer in charge and his team, including provincial delegates, have documented and investigated reports of rights violations and addressed the institutions concerned. 26. The Media Ombudsperson mandated by Law 26.5220 receives and channels complaints from the general public with a view to promoting and defending people’s rights regarding both public and private audiovisual media. It also has a mandate to promote the participation of all sectors of society in the media. Since starting its operation late in 2012, the institution noted that historical patterns of discrimination and exclusion are also reflected in the audiovisual media in the form of communicational practices ranging from negative representations and stereotyping and discriminatory rhetoric to blatant invisibility, namely, in news reporting and advertising. IV. Trends and manifestations of racial discrimination in Argentina 27. The Special Rapporteur notes with concern that little improvement has been made in the situation of historically discriminated groups since the most recent visit by the Special Rapporteur on the rights of indigenous peoples in 2012 and the Committee on the Elimination of Racial Discrimination reviews in 2010 and 2016. The Special Rapporteur found that in Argentina discriminatory practices often intersect with poverty more severely affecting minority groups, including indigenous peoples, afro-Argentines, and migrants, with a greater incidence on women and children. This has been referred to as the offence of “wearing a face”. Discrimination expresses itself in many ways, including through the denial of access to adequate housing, food, health care, quality education and decent employment, but also the existence of obstacles in gaining access to justice and the due process of law, participating in social and political life and enjoying the freedom of association and assembly, and the criminalization of rights defenders. 28. There is a high level of prejudice among the population at large. The Special Rapporteur notes the implementation by the National Institute against Discrimination, 7

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