Human Rights Committee                                     

Ninety-eighth Session                                      

2690^th Meeting* (PM)

Argentina Describes Broad Efforts Taken Since 2003 to Protect, Promote Civil,

Political Rights, as Human Rights Committee Takes Up Fourth Periodic Report

Speaker Says Country Determined to Overcome Dictatorship’s Lingering Impact;

Experts Acknowledge Strides Taken by Government, but Highlight Areas of Concern

Addressing a panel of United Nations rights experts, Luis Duhalde, Secretary of Human Rights of Argentina, highlighted his country’s efforts to protect and promote such rights and provide justice for all its citizens, as he declared the determination of his Government to overcome the lingering effects of repressive laws promulgated during Argentina’s military dictatorship, which ruled from 1976 to 1983.

“The many laws and actions we have undertaken show that human rights are a fundamental pillar of the restructuring of a democratic State,” Mr. Duhalde told the Human Rights Committee, as he introduced his country’s fourth report on compliance with the International Covenant on Civil and Political Rights.  Such an endeavour, he continued, was not simply about complying with conventions and treaties, but about recovering a country’s ethical foundations and, ultimately, elaborating relevant policies that ensured the rights of all its citizens. 

From 2003, the Government had placed a priority on the protection and promotion of human rights, including through the strengthening of his Office, he said.  Argentina’s actions to improve human rights had been very transparent, and the Government had worked had to ensure that those responsible for rights violations and past crimes were punished.  Moreover, it had maintained an open invitation to all special procedures and mechanism of the United Nations system to visit the country.  Argentina was convinced that all three levels of government, with civil society’s help, had made significant strides. 

But, such efforts might not always lead to immediate improvements, since various legislative changes must be accepted by all sectors of society, he continued.  Here, he acknowledged that, among other obstacles that needed to be surmounted, the Government needed to do more to disseminate information about its activities throughout a population of more than 40 million people, spread over 23 provinces and the autonomous region of Buenos Aires.

The Argentine programme of “truth, justice, memory and restoration” had continued apace, and now, along with addressing past crimes, involved bolstering political, social and economic rights for all.  Indeed, the fight for “memory” and against impunity could not be stopped, he said, noting that the illegal repression of the dictatorship had affected many citizens.

Citing the convictions that had been handed down in the case of political kidnapping victim Julio Lopez and the indictment of a number of officials from Argentina's notorious Naval Mechanic's School, or “ESMA”, for their responsibility in the kidnapping and torture during the military dictatorship, he declared:  “These actions have reaffirmed the conviction that justice will not be stopped.”

Mr. Duhalde said Argentina could not be satisfied with the strides it had made or the praise it had received.  Indeed, it would be poor judgement to believe that it had completed its work towards protecting and promoting human rights.  “Every achievement highlights new needs and uncovers gaps that were buried by other emergencies,” he said, and, with that in mind, his delegation seriously considered its opportunity to discuss the situation with the Committee as part of the overall effort to bolster fundamental rights in their country.

For their part, the experts, who monitor worldwide implementation of the Covenant, generally agreed that the Argentinean Government was making strides in ensuring respect for the human rights of its citizens.  However, they expressed varying degrees of concern about a number of challenges, including killings and use of excessive force by police or security forces; police and prison guard abuse and alleged torture of suspects and prisoners; overcrowded and substandard prison conditions; occasional arbitrary arrest and detention; prolonged pre-trial detention; and domestic violence against women.

Following Argentina’s presentation, José Luis Perez Sanchez-Cerro, expert from Peru, said that while the speakers had recited a list of innovations and improvements that had been put place over the past decade, it had given no quantitative data that provided clear insight into the real situation of human rights on the ground. “What we need are real measures, outcomes and results,” he said, urging the delegation to provide the Committee with disaggregated data on the impact of the Government’s activities in all provinces.

Likewise, Krister Thelin, expert from Sweden, said that while he appreciated the detailed information offered by the delegation on the Office of Domestic Violence, he had been told that Argentina’s anti-violence law had not yet been fully implemented due to the lack of subsidiary laws that were needed to effect its application throughout the country.  There were also no national statistics that provided a picture of the violence perpetrated across the country, yet such figures were needed for proper assessment of all programmes.

The Human Rights Committee will reconvene tomorrow at 10:00 a.m. to conclude its consideration of Argentina’s fourth period report on compliance with the International Covenant on Civil and Political Rights.

Background

The Human Rights Committee, the 18-member expert body which monitors global implementation of the International Covenant on Civil and Political Rights, today took up the fourth periodic report of Argentina on that country’s compliance with the treaty (document CCPR/C/ARG/4).

The report begins with Argentina’s responses to the Committee’s concluding observations on Argentina’s third periodic report (CCPR/CO/70/ARG), dated 3 November 2000.  Among other things, it:  clarifies the status of Covenant rights; describes measures relating to investigation of human rights violations that occurred during the last military dictatorship; outlines reforms to pre-trial detention processes; describes the circumstances of prison overcrowding; details allegations of abuse by prison officials, including torture and ill-treatment, as well as the recourse procedures and remedies available to complainants.

Information is also provided on investigations into attacks against human rights defenders and persons participating in peaceful demonstrations; family planning laws and policies, as well as abortion legislation; programmes and measures aimed at preventing, eradicating and caring for the victims of violence against women; and the relationship between the State and the Catholic Church, including preferential treatment, such as financial subsidies.

The report further outlines new developments related to the full enjoyment of the rights recognized by the Covenant, including the 2005 National Antidiscrimination Plan; measures to provide legal assistance and protection to the victims of trafficking; progress in the protection of migrants; and the supplementary survey of indigenous peoples.

Argentina ’s Report

Introducing his country’s fourth periodic report, head of the delegation EDUARDO LUIS DUHALDE, Secretary of Human Rights of Argentina, said his Government gave high importance to the protection of all fundamental rights, as well as to the important work of the Committee and other human rights monitoring bodies.  From 2003, the Government had placed a priority on the protection and promotion of human rights, including through the strengthening of his Office.

The many laws and actions undertaken showed that such rights were a fundamental pillar of the restructuring of the democratic State of Argentina.  That endeavour was not simply complying with conventions and treaties, it also meant recovering the country’s ethical foundations and, ultimately, elaborating relevant policies that ensured the rights of all citizens.  He added that Argentina had also contributed to the strengthening of the regional and international human rights system.

Argentina’s actions to improve human rights had been very transparent, and the Government had worked to ensure that those responsible for rights violations were punished.  The Government promoted dialogue with petitioners and the wider citizenry.  Moreover, it had maintained, since 2002, an open invitation to all special procedures and mechanism of the United Nations system to visit the country.  Argentina was convinced that all three levels of government, with civil society’s help, had made significant strides. 

But those efforts did not always lead to immediate improvements, since various legislative changes must be accepted by all sectors of society.  Here he acknowledged that, among other obstacles that needed to be surmounted, the Government needed to do more to publish those changes throughout the entire population of more than 40 million people, spread over 23 provinces and the autonomous region of Buenos Aires.

Mr. Duhalde said Argentina could not be satisfied with the strides it had made or the praise it had received.  Indeed, it would be poor judgement to believe that it had completed its work towards protecting and promoting human rights.  “Every achievement highlights new needs and uncovers gaps that were buried by other emergencies,” he said, and, with that in mind, his delegation seriously considered its opportunity to discuss the situation with the Committee as part of the overall effort to bolster fundamental rights in their country.

Highlighting the human rights improvements over the past few years, he said perhaps the most critical advance had been the recovery of the independence of the Supreme Court of Justice, which for years had been subordinate to the executive branch.  A network of high-quality and independent judges had been appointed and Congress had moved to repeal the “Clean Slate Act”, another measure that had been backed by the military in the 1980s.  He said that restructuring the rule of law also included making improvements to the functioning of the police, security and armed forces.

The programme of “Truth, Justice, Memory and Restoration” had continued apace and involved bolstering political, social and economic rights for all.  The fight for “memory” and against impunity could not be stopped, he said, noting that the illegal repression of the dictatorship had affected many citizens.  Citing the convictions that had been handed down in the case of political kidnapping victim Julio Lopez and the indictment of a number of officials from Argentina's notorious Naval Mechanic's School, or “ESMA”, for their responsibility in the kidnapping and torture during the military dictatorship, he declared:  “These actions have reaffirmed the conviction that justice will not be stopped.”

Continuing, he said the Secretariat of his Office had launched 60 trials for crimes against humanity, reiterating society’s calls for justice and building an inclusive democracy that ensured a more humane and just future for all.  He added that some 100 people had been sentenced for crimes of terrorism against the State.  On the issue of persons disappeared during the military dictatorship, his noted a number of actions that had been taken, especially to locate such persons or to identify remains.  The work of the Human Rights Office, the Ministry of Health and a team of forensic specialist had made it possible to identify a vast number of remains, an exercise that had, at the very least, provided some sense of closure to the families of the victims.

He went on to highlight reform of laws regarding persons with disabilities and other social groups, as well as on ending discrimination based on sexual orientation.  His Office had been active on all those fonts, even bringing relevant matters before the Inter-American human rights machinery.  The situation of elderly and retired persons had also been improved, and a mechanism had been introduced to ensure wage parity among workers.

The Government had also enacted a new communication services law to address concerns regarding freedom of expression and opinion in the media, he said. Further, women were enjoying wider participation in the Government and now held key positions in strategic ministries, including of defence and tourism.  Ongoing campaigns aimed to ensure that women were treated equally in labour matters.  He said there were also programmes to prevent impunity and provide victims with legal advice.  A national institute had been established to combat racism and xenophobia. 

Argentina’s Response to Written Questions

Along with Mr. Duhalde, Argentina’s delegation was made up of:  Luis Hipólito Alen, Under-secretary of Human Rights; Andrea Gualde, National Director of Internal Affairs relating to Human Rights; Claudio Morgado, President of the National Institute against Discrimination, Xenophobia and Racism; Daniel Fernandez, President of the National Institute of Indigenous Affairs; Alejandro Velasco, Coordinator of the National Institute against Discrimination, Xenophobia and Racism; and Ambassador Jorge Argüello, Permanent Representative to the United Nations.

Addressing questions about the position of the rights enshrined in the Covenant within Argentina’s domestic legal hierarchy, Mr. ALEN said that in keeping with the constitutional reform of 1994, international treaties had priority and the Covenant’s standards did not need to be regulated.  Argentina’s Supreme Court issued a ruling regarding the “double instance” situation, which made clear the State’s responsibility in removing obstacles to these rights.  Other decisions by the Court made clear the pre-eminence of international treaties, and numerous efforts had been made to harmonize national law with international human rights treaties.

He further emphasized that in the new structure of the human rights secretariat adopted in 2008, a national directorate for normalizing human rights had been set up.  It had the responsibility to bring national, provincial and municipal standards in line with international standards.

Turning to the question on crimes against humanity, he said that nearly 200 cases had been brought forward since the end of 2007.  In 2009, 38 people had been sentenced, while in 2009, 10 oral trials were held and 31 sentences were rendered.  There were trials under way in five locations.  Other future trial dates had been set for the start of oral arguments.  He noted that these trials covered events that took place under the First Army Corps and the information service of the Santa Fe police, as well as cases of enforced disappearances in one province.

He went on to say that, with the repeal of the “Clean Slate” Act of 2003, different laws had modified the criminal trial code to make processes of investigation and prosecution much smoother.  Other laws had resulted in the establishment of a compensation fund for victims and the creation of a national genetic databank to identify minors who were taken from their parents during the dictatorship.

On question 3 regarding witness protection programmes, he said a 2007 decree by the Ministry of Justice and Human Rights set out the modalities for protection, including those for relocation and identity changes.  Noting that requests were evaluated on a case-by-case basis, he said more than 1,000 had asked for information about these protection programmes and 200 had received some form of protection.  A number of provinces had set up different witness-assistance programmes.

Turning to a question on public access to information and, particularly, the work of the National Statistics and Census Institute (INDEC), he said that as a national body, INDEC exercised leadership over all statistics gathered throughout the country.  While decentralized, it was a State body and came under the power of the executive branch. It also dealt with the national consumer index.  As of 2008, a new indicator that was similar to those in other countries had been set up.  He said the delegation would be happy to draw up additional documentation on the National Institute’s work for the panel.

On question 5, regarding domestic violence, he underlined the work of the Office of Domestic Violence, which offered 24-hour services to victims of such violence.  Since its 2008 launch, the office had addressed more than 6,000 cases.  It had seen a 40 per cent rise in the number of complaints it received since last January.  Of those lodging complaints, 82 per cent were from women, while 18 were from men.  Over 7,000 cases had been brought before the courts, he said, noting that more than a thousand had been referred to the health system, while roughly 500 cases were dealt with in the office itself.

Continuing, he noted that on 23 April 2009, the Supreme Court had established an Office for Women, which sought to ensure that gender-based proceedings occurred and that gender equality was protected in the workings of the judicial system.  Through the work being done in the federal council for human rights, the human rights secretariat was also working to extend gender protection systems throughout the country.

He noted that a law had been recently adopted to prevent and punish violence against women in interpersonal relationships.  It took a holistic approach to problems faced by women and also set guidelines for their access to justice services.  In the process of implementing the law, consultations had been held with ministries and women’s organizations, among other bodies.

On question 6, regarding the participation in public affairs of women from disadvantaged groups, Mr. MORGADO said Argentina had a legacy that hindered progress in this area.  However, there had been major legislative achievements, including by the establishment of quotas for women’s participation in various bodies.  There was also a programme in the National Institute that fostered “transformation to return to the correct path”, which promoted indigenous identity.  It also sought to empower women, by guaranteeing access to justice to indigenous peoples, in keeping with their customs, and the training of civil servants in non-discriminatory approaches.  Suggestions had been made to implement this programme at all levels.

Continuing, Mr. ALEN highlighted the bill for reform of the entire criminal code.  That measure had sparked dialogue among a diverse civil society.  The measure remained before Congress and action was expected in due course.  On other matters, he said the Supreme Court had recently authorized the therapeutic practice of abortion in the case of the rape of a 15-year old by her step-father.

Turning to the right to life and prohibition of torture (articles 6 and 7), he said that nearly 1,900 cases of torture and ill-treatment had been reported, a number of those allegedly committed by police and security forces.  The delegation had no word on rulings, as of yet, and he added that the delegation would append its information on each case to its report.  The information came from various sources, including from civil society, he said, and added that key ministries were involved in the efforts to establish a national mechanism for the prevention of torture.

On prohibition of human trafficking (article 8), he highlighted an initiative that aimed to prevent the exploitation of boys, girls and adolescents.  There was also a programme that provided services to women and girls that were victims of sexual violence and trafficking.  In 2008, the Government had mandated all police and security forces, including port authorities, to bolster their protections against human trafficking.  There was a special unit for eradicating such trafficking in the Office of Human Rights.  That unit also cooperated with regional bodies, such as the Southern Common Market (MERCOSUR).  He noted that there were three bills currently before the Chamber of Deputies on prohibiting trafficking.

Turning next to arbitrary arrest and detention (article 9), he said reports had revealed that some 4,068 persons were being detained in Buenos Aires and some 26,000 in the remaining provinces.  The Criminal Codes of all provinces and Buenos Aires included provisions for dealing with illegal detention, including providing remedies for legal detention when it was extended to an unreasonable time.  As for reform of the Buenos Aires Criminal Code, he said that code had been amended to, among other things, eliminate overcrowding.  There were systematic plans to improve conditions for all prisoners in the federal system.

The infrastructure had been expanded and improved, so that the prison population was better distributed.  A programme to reduce prison violence had been launched, as well as another to curb the entry of illegal goods and substances.  The Government was also planning to provide education to some 128 prisoners.  Moreover, there were now cultural and work programmes in operation.  He noted that the prison health system had been enhanced, and the ratio of doctors to patients in penal institutions was now higher than among the wider citizenry.

Experts’ Questions and Comments

JOSÉ LUIS PEREZ SANCHEZ-CERRO, expert from Peru, said that while the delegation had recited a list of innovations and improvements that had been put in place over the past decade, it had given no quantitative data that provided clear insight into the real situation of human rights on the ground.  “What we need are real measures, outcomes and results,” he said, urging the delegation to provide the Committee with disaggregated data on the impact of the Government’s activities in all provinces.

Continuing, he urged the Government to establish a uniform approach that would make it possible to assign responsibilities -- among the various ministries and the respective provincial mechanisms -- to ensure the protection and promotion of human rights.  He asked if there were any mechanisms that ensured implementation of federal decisions at the municipal level.  On crimes committed during the dictatorship, he was concerned at the slow pace with which trials were being carried out.  Indeed, reports had revealed that often 18 months passed between initial presentations and opening arguments.  What was the reason for such long lapses of time?  He was also concerned that the number of Supreme Court justices had been reduced by half.

Turning to kidnapping, torture and abuse by police and security officials, he highlighted four cases he believed were emblematic, because they involved abuses committed against children.  The names of the officers were known.  Why had the Government been so slow to act?  Had any action been taken to prevent the recurrence of such incidents? 

KRISTER THELIN, expert from Sweden, said that, with respect to article 3 and the need for equal protection, the general sentiment of the so-called “shadow reports” indicated that more needed to be done.  Indeed, while he appreciated the detailed information offered by the delegation on the Office of Domestic Violence, he had been told that Argentina’s anti-violence law had not yet been fully implemented, due to the lack of subsidiary laws that were needed to effect its application throughout the country.  There were also no national statistics that provided a picture of the violence perpetrated across the country, yet such figures were needed for proper assessment of all programmes.  It was interesting to note that roughly 3,500 domestic violence cases ended up in court, but he wondered what the success rate of these prosecutions was.  Also, were there plans to introduce this programme throughout the country?  If so, when would that be?

Turning to question 6 on the participation of women from disadvantaged groups, he asked what the resources were for the programme the delegation had highlighted and how its success would be measured.

Acknowledging that the issue of abortion was fraught with religious and moral questions, he said he had been told that Argentina’s penal code was interpreted in such a narrow fashion that not every case that might be legal was actually open to non-penal abortion.  He further noted that, according to some non-governmental organizations, the general approach was such that the victims of rape were generally impeded from choosing abortion.  While there seemed to be plans for legislative reform on this front, he wondered about the timeline for such reforms.

Turning to the issue of pre-trial detention, he said that the delegation’s answer seemed to refer only to what was already said.  Further, this answer referred to case law, which took time to reform.  He wondered, therefore, what the present administration’s intention was for reforming case law.  With respect to Argentina’s efforts to strengthen the judiciary, he also asked for clarification on the senate’s role.  Would that body also have a role in removing judges?

RAFAEL RIVAS POSADA, expert from Colombia, said he remained unclear on the acts of violence that occurred in 2007 and 2008, which were raised in question 8.  Could more clarification on the types of violence that took place be provided?

Turning to Argentina’s prison system, he said the information the Committee had received indicated there was an overcrowding problem.  But, the information the delegation provided suggested this problem was under control.  Did the data referred to by the delegation include prisons in the provinces?  He requested more information about the ad hoc arbitration tribunal to provide compensation for abuse suffered by those in prison.  He also wondered if the Government considered alternate measures to reduce prison populations.

ZONKE ZANELE MAJODINA, expert from South Africa, said that, with respect to issue 9 on complaints of torture and ill-treatment by law enforcement, the delegation had provided some information on the number of complaints of ill-treatment, but its answer remained incomplete.  This was particularly true regarding the remedies and compensation available to victims. Also, was there any specific registry of torture cases?  Suggesting that there seemed to be problems with the establishment of the national anti-torture mechanism, she asked how far congress had gone in debating the relevant legislation.  Were there any measures in place to guarantee the functional independence of the mechanism when it was operational? How would the mechanism guarantee coordination between the national body and provincial bodies?

She said the information provided by the delegation in response to the panel’s questions on pre-trial detention was also incomplete.  Again, there was nothing about remedies.  How did the provisions called for by such articles as article 293 conform to the Covenant?

IULIA ANTOANELLA MOTOC, expert from Romania, said there seemed to be difficulties in how the criminal code of 2007 dealt with human trafficking.  Although efforts were being made to change this, she wanted to know where such reforms stood.  Referring to the National Institute on Discrimination, she highlighted its efforts to prevent trafficking and asked for more analysis.

NIGEL RODLEY, expert from United Kingdom, said he was disturbed by a number of reports from non-governmental organizations, which gave the impression that the situation surrounding pre-trial detention was alarming.  One description suggested the situation amounted to “systematic torture”.  Was there an extensive problem?  If so, why?  What allowed these types of interrogation to occur?  In light of the large number of habeas corpus cases before the courts, he asked, if habeas corpus could not relieve someone from the sufferings inflicted during detention, what measures should be adopted by the State to deal with the problem.

He understood the problem of detaining people on remand to be a widespread problem in at least the province of Buenos Aires.  Was this due to overcrowding?  He further noted the Committee’s typical recommendation to States parties that detention be the shortest possible, and he was disappointed to note this might not be the case in Argentina.  Asking what had been done to implement the 2005 Verbitsky decision, he said that while there was some indication that the initial responses had led to reductions in overcrowding, other information suggested actions now being taken were in flagrant violation of that decision.  Thus, he wanted to know what measures were being taken to enforce that decision.

Delegation’s Response

Responding to questions regarding the repeal of the “Clean Slate Act” and the slow pace with which trials regarding other measures backed by the former military dictatorship were being dealt with, Mr. ALEN said that when various cases had been re-opened on appeal, new investigations had to be carried out.  Argentina had not amended its trial procedures to carry out its “memory and justice” programme because it did believe that, in its effort to tackle human rights abuses, it could not violate such rights in the process -- namely the right to fair trial and due process. 

He went on to say that many cases coming before the courts referred to crimes that occurred in clandestine detention centres, making the investigation process difficult.  That meant that judicial procedures could take longer than one might expect.  For example, he said that the Naval School case had involved some 5,000 illegally detained persons, leading to “fragmentation” in the procedures.  While some of those cases dated back to 1976, he said, the initial obstacles had been overcome and the process had reached “cruising speed”.  Most of the remaining trials would be completed in due course. “We are committed to a process of memory and justice, and when human rights are concerned, you cannot be neutral,” he declared.

On follow-up mechanisms, Ms. GUALDE said the Government was working with international human rights bodies and civic actors to ensure that it could broadly implement the rulings and recommendations of such bodies.  The Government had formed a round table with civil society to continually monitor implementation.  That exercise had begun with a diagnosis of the state of Argentina’s compliance with international human rights norms.  The next step was to consider ways such implementation could be carried out in all the country’s political subdivisions.

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*     The 2689^th Meeting was closed.

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