Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Argentina (Ratification: 2000)

Article 1 of the Convention. Self-identification. The Committee notes that, in the observations provided on 31 August 2011, the Confederation of Workers of Argentina (CTA) indicates that the population census carried out in 2010 did not include any type of question concerning indigenous identity. Noting that the Government only indicated that members of indigenous peoples participated in the 2010 census as agents carrying out the census, the Committee requests the Government to indicate whether the questionnaire used for the census contained questions allowing the self-identification of members of indigenous peoples. The Committee requests the Government to provide a copy of the questionnaire. The Committee also asks the Government to provide information on the operation of the recently established National Register of Organizations of Indigenous Peoples (RENOPI), to which it refers in its report, and on the relationship between the RENOPI and the National Register of Indigenous Communities, which already exists.

Plan of action. The Committee notes the Government’s indication that, in the context of the plan of action developed following the seminar/workshop held in May 2007, indigenous grants will continue to be provided and measures will be taken so that they can continue to be granted, together with the universal child allowance. Furthermore, the ceiling for the number of grants will be raised to 20,000 and there will be no ceiling to the number of university grants provided. The Government adds that, for the purposes of implementation and with a view to developing initiatives to strengthen indigenous university education, an agreement was concluded between the Ministry of Education and the National Institute for Indigenous Affairs (INAI). With regard to the right to communication, under the terms of the new Act on audiovisual services (Act No. 26522), which recognizes indigenous languages in section 9, the Government indicates that it will finance the establishment of ten FM radios and one AM radio. With reference to historical claims, pursuant to Presidential Decree No. 701/2010, the mortal remains of indigenous persons in museums and private collections will be handed over to indigenous peoples. The Government explains that the plan of action has become a new agenda for dialogue between indigenous peoples and the Government. The Committee requests the Government to continue providing information on the implementation of the plan of action and on the measures adopted to follow up the 2007 seminar/workshop, and particularly on any measures adopted in consultation with indigenous peoples in relation to education.

The Committee notes that the Government has not provided information on the other matters raised, which are reiterated below:

• (i) The Committee requests the Government to indicate whether the council of the Quompi-Lqataxac Nam Qompi de Comunidades Tobas has been registered, and also requests it to continue providing information on any developments relating to the registration of indigenous communities.
• (ii) The Committee requests the Government to provide information on the activities of the National Human Rights Secretariat for the dissemination of information on the rights established by the Convention among provincial governments and parliaments, and on any legislative measures adopted under the participatory powers established by article 75(17) in fine of the National Constitution in order to ensure that the provincial legislation is in conformity with the Convention.
• (iii) The Committee requests the Government to provide information on the progress made in regularizing the lands traditionally occupied by the Huarpe people.

Developments in case law. The Committee notes the decisions of various courts relating to the rights set out in the Convention, which refer in particular to the exploitation of natural resources (Mellao Morales Mapuche Community v. Corporación Minera del Leuquén S.E. in an administrative procedure, and Leaño Julia Rebecca et al. v. the Provincial State in an application for amparo – judicial means for the protection of constitutional rights in Argentina). The Committee requests the Government to continue providing information on court decisions applying the provisions of the Convention and their effects in practice.