Argentina: Police violence unequally affects indigenous people, migrants and Afro-descendants

The UN Committee on the Elimination of Racial Discrimination today expressed its concern about alleged police violence in Argentina, including cases with fatalities, which disproportionately affects indigenous peoples, Afro-descendants and migrants in cases of evictions, peaceful protests and operations against street trade.

The body of independent experts also raised concerns about racial profiling by law enforcement and recommended that the South American nation take steps to prevent police violence and pass laws that explicitly prohibit racial profiling.

Guarantee the right to property of indigenous lands

The Committee was also particularly concerned about the lack of legislation that effectively guarantees the ownership of community lands traditionally inhabited by indigenous peoples, together with the constant evictions, and urged Argentina to adopt legislative and administrative measures that guarantee the right ownership and establish ownership mechanisms over traditional lands.

The body also recommended that the State take the necessary measures to guarantee the application of public policies aimed at guaranteeing non-discrimination and the protection of the human rights of Afro-descendants.

In the same way, it requested that it take the necessary measures to “prevent, condemn, and combat racial hate speech against indigenous peoples, Afro-descendants, migrants, asylum seekers, and refugees, including the Internet and social networks, as well as those issued by figures public as national and provincial authorities.

Likewise, it expressed its concern about the alleged abuses and sexual violence against indigenous women and girls, especially in the north of the country, such as the case of the Wichi women and girls in Salta, and called for the establishment of measures to prevent these cases and their investigation.

Ombudsman

At the same time, he expressed his concern about the lack of an Ombudsman, a vacancy that has not been filled since 2009, and that the selection process for the position is still “not sufficiently clear, transparent and participatory.”

For this reason, it urged the State party to intensify its efforts to fill this vacancy and take the necessary measures to guarantee that the process of selection and appointment of the Ombudsman “is sufficiently clear, transparent and participatory, ensuring that it fully complies with the principles related to the status of national institutions for the promotion and protection of human rights”.

The Committee “took note” of the publication of the first National Human Rights Action Plan (2017-2020), but regretted the lack of information on the results of its implementation, particularly in terms of racial discrimination, for which reason it asked to disseminate its conclusions, particularly in aspects related to the impact on the fight against racial discrimination, and to prepare and adopt a new National Plan of Action on Human Rights.

Likewise, it requested that the full participation of the groups “most exposed” to racial discrimination be guaranteed, especially indigenous peoples, Afro-descendants, migrants, asylum seekers and refugees, as well as in the preparation, monitoring and evaluation of the progress and final result of the plans mentioned above.