Argentina has the obligation to guarantee respect for human rights in the framework of business activities even in the midst of the macroeconomic crisis that it is currently going through, when the investments and production of corporations are considered a possible solution to the country’s economic problems, a group of UN experts on human rights said on Wednesday. humans.
At the end of an official visit to Argentina, the Working Group on Business and Human Rights* recognized promising advances in terms of policies from the State, particularly the incorporation of the gender perspective and social inclusion; however, he highlighted that the protection of the fundamental guarantees of some groups within the country is lagging behind.
According to the Group’s experts, inequalities have been accentuated by the overexploitation of natural resourceswhich has had serious impacts on human rights.
Indigenous peoples and reparations
“The invisibility suffered by indigenous communities and peoples, historically excluded and discriminated against and who have systematically had higher poverty rates and less access to health and education”, declared Fernanda Hopenhaym, a member of the Group.
The team of specialists was able to observe first-hand the effects of business activities on the rights to health; to a clean, healthy and sustainable environment; to water and sanitation; to participation; access to information; to subsistence and development.
Experts argued that large barriers to access to justice and the weakness of certain State institutions, make the people and communities affected feel hopeless.
In this sense, they urged the Argentine authorities and companies to redouble their efforts to prevent these impacts and ensure access to repair.
“When appropriate, repairs should be made considering cumulative socioeconomic and ecological impacts that these communities have been suffering,” they specified.
People and the environment come first
The chair of the Working Group, Pichamon Yeophantong, stressed that Argentina must not forget that “people, communities and the environment must come first” and stated that Strengthening the economy causing irreparable damage to people’s health and biodiversity is not a viable path.
The experts recalled that the South American country has numerous constitutional protections for human rights, has ratified a large number of relevant international conventions and, in general, has adequate laws and regulations, for which reason they regretted the gap that exists between the legal frameworks and regulations and their implementation and compliance.
They added that not correcting this flaw would mean that Argentina is not fulfilling its obligations under the international human rights treaties that it has ratified.
“Argentina needs urgently address these systemic problems”, they emphasized.
The visit of the Working Group included meetings with representatives of the government, civil society, unions, indigenous peoples, and private and state companies with whom they discussed the opportunities and challenges they face for the implementation of the United Nations Guiding Principles on Business and Human Rights.
The experts were in the provinces of Neuquén, Catamarca and Chaco, and spoke with authorities from the Autonomous City of Buenos Aires and the provinces of Buenos Aires, Córdoba, Corrientes, Entre Ríos, Jujuy, La Rioja, Misiones, Río Negro, Salta , San Juan and Tucuman. They also received written reports from other provinces.
The final report of the visit, which will include findings and recommendations, will be presented in June 2023 to the Human Rights Council from the ONU.
*The Working Group is part of what is known as procedures specials of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name for the Council’s independent human rights monitoring mechanisms. The Working Group reports to the Human Rights Council and the general Assembly from the ONU. Special Procedures mandate holders are independent human rights experts appointed by the Human Rights Council to address specific country situations or thematic issues around the world. The experts are not UN staff and are independent of any government or organization. They provide their services individually and do not receive a salary for their work.
