Argentina 1995

1995-01-01·Other

REPORT ON THE HUMAN RIGHTS

SLrTUATION Fyn ARGENTINA

PRESENTED TO THE HUMAN RIGHTS COMMITTEE OF THE UNITED NATIONS

FEBRUARY 1995

ON OCCASION OF ITS EXAMINATION

OF THE REPORT SUBMITTED BY THE GOVERNMENT OF ARGENTINA

(Preliminary translation from the original in Spanish)

LIST OF PARTICIPATING ORGANIZATIONS:

ABUELAS DE PLAZA DE MAYO

ASAMBLEA PERMANENTE POR LOS DERECHOS HUMANOS

ASOCIACION DE ABOGADOS DE BUENOS AIRES |

ASOCIACION AMERICANA DE JURISTAS

CENTRO DE ESTUDIOS LEGALES Y¥Y SOCIALES

COMISTON DE FAMITLIARES DE VICTIMAS DE LA REPRESION

COMITE.SE SEGUIMIENTO Y APLICACION DE LA CONV. I. DERECHOS DEL NING
FAMILIARES DE DESAPARECIDOS Y DETENIDOS POR |RAZONES POLITICAS

, FEDERACION UNIVERSITARIA DE BUENOS AIRES :

FRENTE OPOSITOR AL SERVICIO MILITAR OBLIGATORIO

LIGA ARGENTINA POR LOS DERECHOS DEL HOMBRE |

MADRES DE PLAZA DE MAYO LINEA FUNDADORA :

MOVIMITENTO ECUMENICO POR LOS DERECHOS HUMANGS

MOVIMIENTO POR LA PAZ LA SOBERANIA Y LA SOLTDARIDAD ENTRE LOS
PUEBLOS

SERVICIO PAZ ¥ JUSTICIA

UNION DE MUJERES ARGENTINAS

UNION DE TRABAJADORES DE PRENSA DE BUENOS AIRES

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INDEX

Index of Appendices
Introduction
The Indivisibility of Human Rights

Credibility and Good Faith of the
Argentine Government

Impunity

The Judicial Branch and Judicial Autonomy

Internal Security

Institutional Violence

Penitentiary System

Discrimination

Rights of Children

Military Conscription

Indigenous Peoples

Immigrants

Legal Compensation for Victims of State

Freedom of the Press

Terrorism

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INDEX OF APPENDICES

Impunity
—-Proposed declaration regarding — the President’s
revindication of State Terrorism ;

State of the Judicial Branch and the Independence of Judges
-Judicial Politics in Latin America (Report on Argentina)
“Report: Results of a Household Survey, August 1992

Institutional Violence :

“Report on Institutional and Urban Violence, Year 1993,
Center for Legal and Social Studies, Sdhool of Philosophy,
University of Buenos Aires

-~COFAVI Presentation :

-"Human Rights Violations in the Corrientes and Chaco
Provinces," November 1993, Amnesty International

Situation of Correctional Institutions |
~Penitentiary Solicitor - Annual Report, 1993/94

Discrimination

-"Vielation of Human Rights in the Argentine Republic, on
the Basis Of Sexual Orientation", Gays, D.c.

-Report of the Metropolitan Community Church - Resolution of
the Ministry of Foreign Relations and Religion, 2-8-94 - ,
Recourse and Response from the Ministry -

-Ombudsman and Racial Discrimination 3

“Report of the Women’s International League for Peace and
Freedom to the World Summit on Social Development, "Women,
and Violence"

The Rights of Children

“Sale and Traffiking of Children - Dr. Richard lIvoskus;
Center for Social and Family Studies

-Denunciation Presented by SUTEBA (Buenos Aires Union of
Education Employees)

Mandatory Military Service and the Rights of Conscientious
Objectors ,
~Law 24429

-List of Deceased Conscripts

Situation of Indigenous Peoples i

-Letter of Indigenous Communities’ Attorney to the President
of the Nation

“Response of the Indigenous Communities’ Attorney to the
Question "Is there political and cultural discrimination
against indigenous peoples in Argentina?"

~Document of Support to the Commission on Indigenous Peoples
of the 9th National Congress of the argentine Man

Legal Reparation to Victims of State Terrorism
~Laws 24.321, 24.411 and 23.982 :

L. INTRODUCTION i

Ladies and Gentlemen
United Nations Committee on Human Rights

The present document has been endorsed by Human Rights
organizations, unions, and social and student’ organizations for
the purpose of informing this Committee of our analysis and
observations regarding the Report presented by the Argentine
government, in conformity with Article 40 off the International
Covenant on Civil and Political Rights. |

As the Committee will appreciate, we have opted for a
presentation which covers a number of themes Jassociated with
the effective realization of Human Rights. Our exposition does
not follow the order maintained in the Covenant in the
enumeration of the recognized rights nor does it respond, on an
item by item basis, to the issues mentioned in the government
report. On the contrary, basing our analysis ion the terms of the
Covenant, our presentation examines a number jof issues, which, in
our understanding, exemplify a @isregard for j|Human Rights in
Argentina. ;
|

In order to describe these situations which we feel
constitute systematic human rights violationg, a number of
non-governmental organizations have joined farces to provide a
panorama af the Human Rights situation in argentina today. Each
participating organization contributed knowledge particular to
its expertise. This common report, therefore, Goes not reflect
homogeneity of ideas, but is the result of an effort to cover the
whole spectrum of human rights themes from the specific
knowledge of each intervening organization. |

Fundamental perspectives: :

~ Actual practice which determines that, in many cases,
the law itself is not sufficient to protect jhuman rights;

~ Actions and omissions of the Argentine State which
demonstrate a spirit contrary to the upholding of Human Rights;

~ Views that are contradictory to those presented by the
government, in those instances in which we believe the latter to
be misleading. ;

The consideration of each area is based ion the following

related to economic, social and cultural rights that are not

As the Committee will also appreciate, her is a section
specifically outlined in the International Covenant. We have

chosen to incorporate these into our report recognizing the
indivisibility of ali human rights and because, as verified on a
daily basis, a lack of social rights automatically leads to the
violation of civil ana political rights.

We wish to emphasize that neither the Executive nor the
Legislative Branch has created organisms to monitor compliance
with the International Covenants. Furthermore, the state does not
divulge the existence nor its enforcement of the mentioned Cove-
nant. We consider it necessary, therefore, that the Executive
Branch make available to the Legislature, on’ an annual basis, the
manner in which it complies with its human: rights obligations.

We also wish to draw attention to the Committee! S attention
to the response of the Argentine government ‘recorded in item 230
of the Report of the Human Rights Committee on its examination of
the initial report of Argentina, where it stated that "in
conformity with Article 31 of the Constitution, the Covenant has
a category inferior to the Constitution, although it is on an
equal standing with federal laws, and stands above provincial
laws...". Such an affirmation implies a disregard for Argentine
ratification of Viena Convention on Rights of Treaties, and that
Article 27 of the latter clearly stipulates that no state that is
a signatory to a Treaty can justify non- compliance by invoking a
conflict with domestic laws. In 1992, ithe Supreme Court
recognized this provision of the Vienna Convention as one of the
arguments establishing the full operativeness of the San Jose
Human Rights Convention (Ekmed‘jian case, appeal 7-77-92).

The recent reform to the National Constitution has granted
"constitutional hierarchy" to the texts of several International
Human Rights treaties. From an institutional and legal
perspective, we understand this to be a positive step. But we are
also aware that this incorporation will only be effective if a
watchful alert is maintained over its jcompliance. This
presentation forms part of what we consider to be our
responsibility in that respect.

iI. INDIVISIBILITY OF HUMAN RIGHTS

; We base our examination of the Argentine situation on the
principle that Human Rights are universal, interdependent and
indivisible. Thus, the violation of one automatically compromises
the full guarantee of the others. In the :particular case of
Argentina, it is fundamental that there be 4 recognition of the
close and indissoluble relation between democracy, development
and Human Rights.

The political— economy and social policies presently
implemented in our country are creating a level of unemployment
never before experienced (12% unemployment and approximately 10%

under-enployment ) . AS a consequence of this . ‘economic plan we also
cite growing marginalization, and a general deterioration of
living conditions, social rights, and public services. The UN
Conmittee on Economic, Social and Cultural Rights recently stated
that ",...the stabilization programs (i...) are causing a
violation of economic,social and cultural rights in Argentina."

As in other countries, the applicacion of neo-liberal
policies is producing the exclusion of a majority of the
population from the full exercise of their rights, and impedes
their participation in the productive progesses as well as in
social and political decision-making. This situation undermines
the true meaning of citizenship since a democratic state is not
defined only by participation in the electotal process (which in
our country is complied with in its terms sha dates) but also by
the ability of men and women to exercise thelir fundamental human
rights, such as the right to work. When these are denied, the
democratic system is weakened.

Furthermore, the state has responded with repressive measures
te the natural resistance exercised by the population, in the
face of the deterioration of living and working conditions. These
policies imply a growing limitation of public liberties: the
compulsive eviction of the homeless from! occupied buildings,
different types of impediments to the freedom of expression
through public manifestations and strikes, and the persecution of
the young, immigrants, and others as evidenced further on in this
report. ;

Some aspects of the socio-economic situation which must he
borne in mind are the following:

- Impoverishment of the population and unemployment persist,
despite increases in the Gross National Product;

~ Of a total population of 32 million, more than 5 million
Argentines have difficulty securing rights tp nutrition, housing,
health and education;

-~ 37% of the economically active population suffers from
unemployment, underemployment and unstable ehployment;

- Unemployment benefits cover only 11% of the unemployed;
30.5% of these are under the age of 20 (corrélatively, the number
of cases opened in the juvenile justice system has grown 135% in
recent years);

- The buying power of the median salary: (taking as a base
LOO in 1984) decreased to 64% in 1994; {

- The modifications to the Labor Contraét Law promoted by
the Executive Branch will imply a disregard of laws 11.544 and
20.744 (regarding limitations of work hourB and the right to
vacation, respectively) and will provide employers unilateral
power in determining the extent and distribution of work hours:

~ 70% of the retired and pensioned population receives
monthly stipends of 150 pesos, while the}/minimum amount for
family subsistence has been calculated at 900?

-~ In October of 1993, 13.1% of households ~ equivalent to
more that 5.5 million individuals - recelyed a family income
below the official poverty line;

- 15 million individuals (47.5% of the population) suffer
from deficient housing conditions; only 37% of homes are equipped
with running water and sewage systems. I

Work

In this section we will treat violations of the Civil and
Political Rights Covenant which relate directly to the question
of work rights. 1

Since the ratification of the Cevenant, it has not been
observed, on the part of the federal nor of the provincial
governments (or any other state office), the submission of
legislative proposals that would promote effective protection
against cruel, inhuman and degrading treatment which presently
takes place in different situations and, in particular, in the
social relations associated with the working environment.

It should be emphasized that since the ratification of the
Covenant, the Argentine government has systematically declared
the illegality of union actions, including those that
sought to overcome instances of cruel, inhuman and degrading
treatment of workers. Law 23.551 regarding Union Associations
(approved after ratification of the Covenant), violates
international norms. In 1991, a commission of experts from the
ILO Committee for Union Freedom helped to draft a legislative
proposal to harmonize Argentine legislation with the principles
of union freedom included in the Covenant and’ in the norms of the
International Labor Organization. But the proposed bill was
allowed to expire in the Parliament, and theré are no other
proposals presently being studied. :

Article 18 of Law 23.551 states that 75%,0f union directive
and management positions, in addition to the highest office (and
its statutory replacement), should be occupied by Argentine
citizens. This aspect of the law is discriminatory and creates
difficulties for the formation of unions and dssociations when
considering that, in many areas of the country (especially in the
border regions), the majority of workers are ‘foreign nationals.
This law, therefore, violates Article 22 of the International
Covenant. ‘ :

A number of unions joined efforts to found a new
confederation which, in May of 1993 initiated proceedings in the
Ministry of Labor to obtain legal status under the name of the
Congress of Argentine Workers (CTA). The Labor Ministry (claiming
that the proceedings did not comply with Law 23.551 with respect
to direct and supplementary affiliation), did not proceed with
the inscription, therefore violating Article 22 of the Covenant.
Furthermore, since the Argentine government has not ratified all
the International Labor Organization conventions related to work
inspections, its power to control violations in Argentina is
undermined. One can take as an example the case of workers,
active in sub-tropical areas, who must endure abhorrent condi-
‘tions in their transport from the place of contract to the place
of employment (Accidents and loss of lives during transportation
in clandestine vehicles are frequent.). In regards to immigrant
agricultural workers, cholera and other epidemics are on the rise
also aS a consequence of inhuman working conditions.

In the urban areas, what exists in terns of work inspection
legislation does not provide efficient mechanisms for the
implementation of regulatory norms on hygiene and safety. Unsafe
working conditions are increasing and the non-existence of a

democratically organized disciplinary body is allowing the
proliferation of cruel, inhuman and degrading treatment of
workers.

With the exception of the public sector, female workers do
not have access to effective protection in chases of sexual
harassement. In addition, legislation is being proposed which, in
the particular case of HIV-infected workers,| could translate into
cruel, inhuman and degrading treatment. :

In the Argentine Republic, innumerable traffic accidents are
registered (an average of 26 deaths per day in 1994), and in many
cases precarious public transportation conditions are to blame.
Even after the ratification of the Covenant,/the Argentine
Ministry of Labor promoted the practice knowh as "sale of
health". This consists in permitting public transportation
workers the right to work during those periogads which should be
dedicated to rest, and increasing their respective salaries from
50 to 100% above the established pay rate. This policy promotes
degrading working conditions and has negativé consequences for
the psychological and physical health of workers. This policy can
be considered one of the leading causes of the high incidence of
public transportation accidents. |

The Argentine government has been promoting a series of
initiatives (some of which are now legislation) which would
concretize instances of “labor flexibilization". Since the
approval of Labor Law 24013, the rationale adduced is that such
measures would promote growth of the labor market. The high rate
of unemploment, nevertheless, indicates that; this has not been
the case. The "labor flexibilization" proposéd (particularly for
businesses with less than 40 employees), presently being
discussed in the House of Representatives, réfers to end of year
bonus pay, probation periods, modification of job descriptions,
special conditions for indemnizations, vacation periods and
notice of termination. The Association of Labor Lawyers has
severly criticized this proposal alleging that,..."it is a
Clear transgression of employer responsibility because employees
are forced to endure more losses in what regdrds their legal and
remuneration statuses...This proposal would also affect the
retraining of those workers victimized by cortinuous job
rotations", :

A special mention should be made regarding the retired.
Retirement benefits have been drained - in other words, ransacked
~ by the State which during a number of yeard (and based on
its own discretion), used pension funds to résolve the fiscal
deficit. The same State which recently assured that "no bank
would fall as a consequence of the Mexican cyisis", that
"stockholders of Banks in difficulty would be protected", that
Created a security net for banks, which in tHe event of financial
crisis, would be insured by the National Bank of Argentina, and
which assured responsibility for repaying privately acqui-
redforeign debt when the actual Finance Minister, Dr. Domingo
Cavallo, was president of the Central Bank - ithis same State now
refuses to assume its responsibility for this crime committed
against those persons who for 30 years or move deposited a
percentage of their salaries to secure their retirement.

Presently, the House of Representativés is considering a
retirement reform bill submitted by the Finance Minister. Among

the most serious consequences of this bill, we could cite the
following: that payment of benefits to the elderly would be based
on the availability of existing funds; the National Social Secu-
rity Administration could limit the availability of these funds

in the case of legal suits and related complications, and the
rights acquired by the retired and pensioned in the case of funds
used by the federal government would not be recognized.

Based on a "necessity and urgency" decree of December 28,
1994, the government froze, for a period of 120 days, payment of
Legal suits and pending cases (which the Judicial Branch deemed
justifiable) brought by the elderly against the state. This is a
clear example of a "superposition" of powers, ‘a disregard of
judicial authority, and a violation of the right to "due
process", as established in Article 14 of the:International
Covenant. :

Upen ratification, by Law 23054, of the American Human
Rights Convention, Social Security Tribunals, ‘Lower Courts and
Appelate Courts should be established throughout national
territory, to replace the present system which requires
that appellate claims be filed solely in the city of Buenos
Aires. Had the Argentine government adopted ‘this reorganization
plan on the date in which it committed itself to the exigencies
of the San Jose Covenant (9-5-84), the number of workers now
under "irregular" status (40%), and autonomous workers who are
administratively impeded from incorporating themselves into the
social security system (4 million) would have ‘been considerably
reduced. :

Itt. CREDTBILITY AND GOOD FAITH OF THE ARGENTINE GOVERNMENT

With the ratification of Covenants and International Human
Rights Treaties, the state accepted a series of obligations in
regard not only to the formulation of concrete measures that
safeguard Human Rights, but also to the preseritation of periodic
reports to official organizations for the verification of
government compliance. It is a common practice of the present
government to submit extensive reports, but, which are,
nevertheless, incomplete and untimely (usually submitted at the
same time as the oral examinations). This can be seen, for
example; in the final observations made by the Human Rights
Committe on the Argentine Report of 1990. While commending the
government for having presented said report, the Committee
expressed, nevertheless, that although "the mentioned provided
clear evidence of the implementation of favorable changes since
the end of the military dictatorship, the report did not provide
sufficient information regarding factors that negatively
influenced the implementation of Covenant stipulations" (Human
Rights Committee Report, A/45/40, New York, 1990, pg.52,
paragraph, 214). ;

The Committee on the Rights of Children, which was to have
examined the Report of Argentina at its seventh period of ses-
sions (between the 26th of September and 14th of October, 1994),
' previously indicated through its pre- ~sessional working group that
the government report was lacking and requested supplementary
information. In September, the Committee Gegiase to postpone the
examination period to January of 1995 sincd, "the supplementary
information requested..., which should have been presented in
March of 1994, was received immediately prior to the Committee’s
scheduled examination of the Argentine report".

The same occurred in November of 1994 regarding the examina-
tion of the government report by the Committee on Economic,
Social, and Cultural Rights. In its finall observations, the
Committee expressed that "the written repoyt contains important
legal information, although it lacks specific information neces-
Sary for the determination of whether the goVernment is upholding
economic, social and cultural rights." The Committee further
expressed that "in light of the fact that the Report and
supplementary information presented was inadequate, the
government was therefore invited to submit afditional detailed
information referent to Artciles 9 through 1a of the Covenant.
"The Committee emphasized that "the new Report, and all
subsequent reports, should be elaborated in conformity with the
revised guidelines, and, furthermore, that the former should
respond to the themes mentioned in the questionnaire provided to
the government by the Committe..." |

A Similar, if not more serious, government infraction
regards the follow-up information provided to the Working Group
on Forced Disappearances of the United Natiohs Center for Human
Rights on the ongoing judicial controversy between the government
and a group of relatives of victims who disappeared during the
military dictatorship (1976-83). These family members are sueing
the State for its lack of compliance with its responsibility to
provide information on the fate of victims jof the forced disap-
pearance policy. This judicial recourse has; been the subject of
communications from the Working Group to the Commission on Human
Rights, as can be verified by publications of said commission
(see E/CN.4/1991/20, pp.9/10, and E/CN.4/1994/26, pp. 30/31).

On pages 32-38 of the document E/CN.4/1994/26, there is a
transcription of the information and observations received from
the Argentine government in regard to the communication from the
human rights organizations which alludes to the non-compliance of
the Argentine state with its obligations to inform as to the fate
of the disappeared, maintain active said: investigation, and
provide, effective legal channels for the aetions undertaken by
relatives who seek to establish the fate of the victims. The
aforementioned documentation from human rights organizations is
that referred to in items 102-109 of E/CN.4/1994/26.

The Argentine Government maintains that}

a. The best efforts of the constitutional governments to
establish the truth took place in 1984, whenjit was still
possible to find fresh marks of the crimes committed during the
period of the military dictatorship. In this: regard,it cites the
report submitted in 1984 by the National Commission on the
Disappearence of Persons (CONADEP), and in particular in the

paragraph in which the Commission states that a "horrfying puzzle
had to be recomposed Many years after the indidents in question
took place, when all traces have been obliterated, all
documentation burned and. even buildings have been demolished"
(pg.32, E/CN.4/1994/26, Spanish edition). F

The conclusion suggested by this sentence from the
invaluable CONADEP Report is inapplicable in ‘the legal suit
presently under way against the Argentine state, inasmuch as it
is being clearly shown that extremely important documentation was
not known to - or was kept from - the CONADEP Commission. Among
that documentation we could cite: :

- Acts of numerous meetings of the Military Junta (maximum
authority of the military regime) during which the legal status
of the disappeared was discussed} :

- Wicrofilms of the complete files of the disappeared
maintained by the Ministry of the Interior (files which, in their
written form, were destroyed); :

- Detailed inventory of military documents, of which the
titles, in and of themselves, are proof of the existence of
written orders unknown to the CONADEP and Federal Court that
tried and condemned members of the Military Junta. During
Sentencing, the Federal Court maintained (With respect to the
policy of forced disappearances) that orders must have been
verbally given since written evidence was unknown at the time.

The present suit against the Argentine government is
revealing, therefore, that the statement made. by the CONADEP
Commission regarding the destruction of all décumentation was in
error, and that this error was induced by those who were
preparing the impunity of the crimes committed. The Argentine
government is well aware of this error, although, in its
communication to the Working Group, the former unequivocally
maintains the veracity of the CONADEP and Federal Court
conclusions, :

b. The Argentine government also maintains that "the other
decision which paved the way for impunity was ‘the Due Obedience
Law. As a consequence of this law, the universe of possible
Suspects was reduced to members of the Milittary Juntas.... The
trial of the nine commanders sealed the fate of the argument in
favor of punishing all of those responsible. Logic and fact
uncovered its irrationality, its real and objective impossibi-
lity. This act established the "theoretical ahd objective impos-
sibility of the initial intent. No one can demand fulfillment of
something which, by its nature, is an impossibility".

This statement contains a fallacy and a sophism. The fallacy
consists in affirming that the Due Obedience Law limited initial
proceedings to the nine members of the Military Junta. The truth
is that immediately Following the sanctioning of the mentioned
law it was not the nine military commanders who were subjected to
trial (they had already been tried and condemned in November of
1985),but rather the commanders of Army Corps and the heads of

zones and areas of repression. In synthesis; and as stated by the
Due Obedience Law, such obedience could not be invoked by those
who had power of decision during the so-called "anti-subversive
war." The proceedings against these military officials were not
concluded on the basis of the Due Obedience /law, as suggested by
the Argentine government, but by the presidential pardon of
September 29,1989 (sic. the pardon was issudd October 6,1989).
This is decisive for the present case because the suit filed
against the government is founded precisely jon the argument that
the presidential pardon of those who had the “power of decision"
in certain geographic areas, extinguished those legal proceedings
which constituted the last possibility of kriowing, together with
the authorship of the crimes, the fate of those victims
disappeared in the different zones commanded by each of the men
pardoned. :

The sophism follows from the affirmation, previously
transcribed, that the trial of the nine commanders sealed the
fate of the discourse based on the punishmdnt of all those res-—
ponsible for the crimes committed, and that no one can demand
today the fulfillment of something whose fulfillment is impossi-
ble.

The families involved in the present suit against the
Argentine State are not demanding the punishment, or
the admission of responsibility (already prescribed or excluded
by the oficial pardon) of the guilty party ,ifor the simple reason
that theirs is not a criminal suit. What these families are
demanding, is the responsibility of the State for retaining or
obstructing information that would reveal the fate of victims.
Therefore, it is a grave offense on the part of the government to
refute the arguments alleged in the suit by Attributing to the
plaintiffs a purpose totally distinct from that which is clearly
established before the Argentine courts. :

IV. IMPUNITY

The Report of the Committe on Human Rights [Volume l,
(A/45/40, item 217)] states that "...some members doubt seriously
that the Full Stop Law and the Due Obedience Law, as well as the
pardons conceded by the President i October of 1989, were compa-
tible with Paragraph 3 of Article 2 and with Paragraph 5 of
Article 9 of the International Covenant. Furthermore, in refe-
rence to Item 241, the members "are especially concerned about
the compatibility of the Due Obedience Law with the Covenant,
given the negative precedents this measure could establish." In
regards to the above mentioned, we present our position.

One of the fundamental demands of the Human Rights
organizations, even prior to the military’s self-pardon, has been
the trial and punishment of those responsible for the
Ccarrying-out of torture, assassinations, disappearances and the
kidnapping of children. The Full Stop and Due Obedience Laws, as
well as the presidential pardon decrees -which have favored the
accused and guilty over the rights of the victims- institutiona-
lized impunity. Nevertheless, the demands of the human rights
organizations remain valid. :

Impunity violates the fundamental norms of the International
Covenant on Civil and Political Rights (Art. a, Inc.1 and 3}, in
addition to violating:

- The Universal Human Rights peclavation:Arts.7 and 8;

- The Convention Against Torture and Other Cruel,
Inhuman, Degrading Treatment or Punishment: Art. 4;

- The Convention for the Prevention of Sanction of
Genocidal Acts

- The Convention on the Imprescriptibility of Crimes of
War and Crimes Against Humanity;

- The Declaration on the Protection of Persons Against
Forced Disappearance; Preamble, Arts. 4,6,14, and 17; and

- The four Geneva Conventions, including Protocols [I
and II. :

The struggle against impunity has three central objectives:
Punishment of the guilty;
- Establishment of the truth; and :
- Protection of society against the repetition of
abhorrent crimes

‘Impossibility of Obtaining Punishment of the Guilty

To the forementioned Laws, decrees and other legal means of
impunity utilized in our country (although we understand them to
be unconstitutional and to violate International Covenants),
should be added the utilization of a common Law norm — the
statute of limitations.

in the beginning of the present constitutional phase (1983),
few were the victims of repression whose appeals reached the

justice system. The apparently firm intentidn of the government
to bring the guilty to trial served to delay the initiation of
many individual suits, and the trial of the iformer military
commanders had the effect of postponing ever further this first
phase of judicial action. By the time the impunity laws were
approved (1986/87), the statute of limitations had already been
invoked for the majortiy of human rights vidlations committed
during the 1975~83 period (5 years in the case of illegal
privation of liberty - the figure used for ‘orced disappearences
~ and 6 years in the case of illegal proceedings). In paragraph
231 of its initial report (CCPR/C45~Add.2), ‘the government stated
that "Argentine legislation does not contain impediments

to the free investigation of occurrences..." This is not the
case. The statute of limitations has been applied to instances of
torture and forced disappearances, irrespective of the fact that
these have been considered continuous crimes by the United Na-
tions Declaration on Forced Disappearanceg and the Convention
Against Torture, thereby shutting off not only the possibility of
judicial proceedings but also that of investigation. In regards
to older ongoing cases, judges have acquitted the accused,
impeding not only the right to trial, but also the investigative
process. Furthermore, as a consequence of Lal 23.049, the victims
and/or relatives lost their status as plaintiffs and as a
consequence were inhibited procedurally from seeking the
continuity of investigations. :

The assault on the La Tablada barracks Also deserves mention
aS an example of de facto impunity. In this case, reports were
filed on the disappearence of three of the perpetrators, on the
assassination of two immediately following capture, and cases of
torture. The State tried the perpetrators of! the assault, who
have now served six years in prison. But, accusations were not
brought nor investigations initiated, against members of the
security forces responsible for the mentioned tortures,

disappearances and assassinations. :
|

Establishment of Truth

The CONADEP Report concluded that many of the victims of
forced disappearances had been assassinated + a logical and
reasonable conclusion which the respective families have received
as the only response from the State. Neverthéless, the
presentation of information regarding when, how, where and who
decided the destiny of these victims is a responsibility the
State must fulfill to family members. As stated by the CONADEP
Commission (see Nunca Mas, pg.482), “the answers regarding the
fate of victims rests on advances made in individual
investigations of those responsible for the yYepressive actions to
which we refer." :

In 1991, a group of relatives submitted ia demand to the
Argentine State which required that the same ireveal what had
been done with and for the disappeared. The dovernment
responded that this information had been presented in the
military’s Final Report of April 28th, 1983. That report stated
that all of the disappeared were deceased without offering either
proof or any information regarding individual cases.

It is our understanding, furthermore, that
society "has the inalienable right to know the truth regarding
repressive actions of the past, as well as the circumstances and
motives that made possible the commitment of: such abhorrent
crimes as a means of impeding that these be repeated " (Inter
American Human Rights Commission, Report 1985/86). The Future of
a people cannot be constructed upon ignorancé nor on a disregard
for its history. :

The Argentine State has not nor is it presently enagaged in
any action which would favor revelation of the truth. The inves-
tigation of cases to which the CONADEP Report makes mention and
on which establishment of the truth depends: has not been conti-
nued. This is so not only in what regards victims of the military
Gictatorship but also in what regards the victims of the consti-
tutional government. :

Non-Repetition of Crimes

A number of revisionist arguments which have found echo in
the highest levels of government have focused, in recent
years, on relativizing the nature and form of, the aberrations
committed during the repression. In October, 1994, Captains
Antonio Pernias and Juan Carlos Rolon, accused of serious
violations of human rights as members of the Navy Mechanics
School’s Task Forces and later favored with the application of
the Due Obedience Law, were called before the Senate Commission
on Accords which was considering the request for their promotion
which had been submitted by the President. In their testimony
they admitted their participation in the repression and
acknowledged using "interrogations and torture" as means for
obtaining information. They also admitted that Navy forces, "in
their totality", had been involved in said acts. "There
was no other option other than resigning". AS a form of
exculpation, the captains further indicated that some of those
involved in the "antisubversive war" had since been promoted
to admirals. :

In two instances in 1994, the President of Argentina
vindicated the role of the armed forces by affirming that "we
triumphed in a dirty war that brought the country to the brink of
Qissolution" (As a consequence of this statement, the Permanent
Assembly for Human Rights removed President Menem [who had been
a member Since 1981] from its Board of Directors. Fifteen days
later and with unusual rapidity, the Justice system dismissed
charges that had been brought against the president for apology
for the crimes commited, arguing that the: president had not
committed an offense by revindicating the Armed Forces, but
instead, manifested only " praise and honor" for their action.

The Argentine government, in its Report, attempts to justify
impunity by proposing the impossibility of trying all those
responsible for the crimes committed. "If all’of the thousands of
civil servants and penitentiary, municipal, and hospital
employees and all the establishments and private citizens
involved in the repression were to be tried, uncontrollable chaos
would have been unleashed". It would seem, therefore, that the

number of human rights violations possible and to involvé the
greatest number of individuals possible.

The government further mentions what it defines as "the
objective limitations of the judicial system...and the mistake
of transfering to the penal system the responsibility for
resolving conflicts of a political and social nature.... When it
came to establishing guilt, political considerations ceded
- priority to the judicial." Torture, assassinations and forced
disappearances should therefore not be brought to justice? Who
will judge them? No one?

Impunity, as political discourse and practice, is
determining the future of our nation. As proof of this newspapers
reveal daily violations, assassinations and/torture committed by
members of the security forces. Between 1990 and 1994 there were
specific denunciations of, 88 incidents of police violence, 83
assassinations (whose victins were between the ages of 6 and 88),
and five disappearences (victims between the years of 23 and 67}.
Of the mentioned victims, 50 were under the |age of 21. Of these
cases, 22 suits were filed against 66 members of the police
force (57 agents, 2 police commissioners, 4jchiefs of police
and 3 doctors), 5 members of a police benevdlence organization
and a renegade group consisting of police agents and civilians.
AS a consequence,

- 7 police officers were condemned to prison terms ranging
from 6 months to 16 years. Two of these are jpresently free;

- 7 cases involving 39 police officers, 1 police commissio-
ner, 4 chiefs of police, three police doctors, and 5 members of
a police benevolence organization are presently pending, some
since 1991;

~ 12 accused were put in liberty (3 cages were thrown out of
court, 1 was dismissed, 1 lacked sufficient evidence, 4 were
rejected for lack of merit and 3 acquitted);

- the integrants of the renegade group were acquitted for
lack of merit, despite having confessed to their offenses.

best manner for guaranteeing impunity is © feat the largest

It is also a common practice in Argentina today for victims
of minor crimes to take justice into their gun hands and to
respond to theft or robbery, for example, with homocide (in most
cases not even self defense could be alleged). In the face of
impunity, these "vigilantes" replace the justice system and
eur society is becoming ever more convincedjin its acceptance of
their legitimacy. The State, by not trying embers of its own
institutions, is calling into question what should be its most
unquestionable authority: the justice system.

The 1994 Constitutional Convention accorded "constitutional
Alierarchy", to international human rights covenants but, with
respect to impunity, nothing has changed. The World Conference on
Human Rights held in Vienna in 1993 stated in its final docu-
ment, that "governments should repeal legislation which favors
the impunity of those responsible for grave |viclations of Human
Rights such as torture, and sanction these violations...consoli-
dating, in this manner, the reign of law."

The implementation of this recommendation would not, howe~
ver, be retroactive. We therefore reconmerd that the Argentine
government nullify all Legislation which Generates impunity and

concretize the implementation of the covenants to which it is a
Signatory. It should be recalled, in this respect, that the
Committee on Human Rights, in its recommendations on the imple-
mentation of the International Covenant on Civil and Political
Rights (Suggestions and Recommendations - Uruguay -
CCPR/79/add.19},... stated that “lagislation should be adopted
which corrects the effects of the Law of Caducity."

V. HE JUDICIAL BRANCH AND ‘THE AUTONOMY OF JUDGES

Special attention should be given to the! considerations of
the Argentine government regarding reforms to: the Judicial
Branch. The present situation of the Judicial: Branch is of the
uttermost seriousness. We will attempt to show how official
policies are interfering with the appropriate, functioning of the
Argentine court system.

It is government policy to appoint juages aligned with the
Executive Authority to key positions in the Judiciary. In the
case, for instance, of the increase in the number of Supreme
Court Justices, the government persisted in this policy of
increasing the number of Supreme Court Judges, despite the
general condemnation produced as a consequence. Congress
approved this increase through the adoption of Law 23.774, despi-
te
the contrary opinions expressed by organizations representing the
legal profession, Human Rights and other non-governmental
organizations. It should be remembered that immediately
following the approval of the law, politicians of the governing
party celebrated their victory by singing the party anthem. The
proceedings by which the law was approved were questioned by the
opposition and by some in the media who maintained that seats
had been filled by mere employees of the mentioned party in order
to obtain the required quorum.

The government then designated candidates to the Supreme

Court who were sympathetic to its political tendencies (including
various ex-functionaries and the present Minister of Justice).
The vote to approve the four new Supreme Court Justices was a
question of minutes, the nominations having been processed in the
Senate in only one day. Similar criteria were also followed to
request the resignation of the State prosecutor and to remove the
National Prosecutor for Administrative Investigations, despite
‘the offices being, supossedly, life-time appointments. In both
cases the occupants were replaced without required Senate appro~
val and with the acquiescence of the New Court. The
Administrative Investigations Office was further weakened through
the non-designation of four assistant prosecutors to replace
others who were also removed from their postsj

The debate regarding the excessive or inappropriate
interference of the Executive is not Limited to the Supreme
Court. The polemic increased as a consequence:of decisions on

appointment of members to the Court of Cassatio i

§ nN, Created durin
the reform of the penal code. By not yielding to the proposals 9
th y the Minister of Justice to naine jurists respected by
© professional community to the Tribunall, the government

extraordinary number of judges. Here again, this faculty was

arbitrarily utilizea to appoint to the #Sudic; i
f 1B _
dants of the Executive. ; meme manen conta
The arbitrariness displayed by the go in i
; overnment in its desiq-
nations provokedg such a generalized response that, among other 4

Should be noted that legal reforms have ngt proven to be a
sufficient basis to limit government discrétion. An example is
the nullification of the role of the Judiciary Advisory
Commission created by Decree 1179-91 (mentioned in the government
Report). Another intent to promote "transparency" in the
appointment of judges was the modification| of Senate regulations
to establish that Executive nomminations He debated publicly by

Co, (mentioned in our section on Military Conscription), the
Senate hastily filled a vacant judgeship without complying with
the required seven day waiting period. i

The interference by the Executive Braneh in the Judicial
Sphere has caused a deterioration in the functioning of the court
system, which is reflected in public perception of the Judiciary
in Argentina. Continuous charges of corruption also contribute
to the growing discredit suffered by the Judicial Branch. The
publicity generated by several such recent jcases culminated in
the resignation of a number of officials wht preferred leaving
their positions to facing impeachment. Accusations made against
a federal judge for utilizing sequestered automobiles, and a
Buenos Aires trial judge accused of extorting the directors of a
well known sanatorium who were involved in a case of significant
economic proportions, are among the most re¢ent cases revealed.
The case that most stirred public opinion, nevertheless, was that
of a federal judge accused by other magistrdtes of misfeasance,
abuse of authority, false testimony, and nonfulfillment of the
duties of a public official in relation to the judge’s actuation
in a drag trafficking case for which the président’s
Sister~in-law and private Secretary and other government
officials were indicted. In this case the Supreme Court (consti~
tuted by judges sympathetic to the government’s political
orientation), faced with public political pressure, applied an
insignificant fine to the accused and fired tthose judicial
employees who had testified against her, charging them with
"lack of loyalty." This judge was not impeached due to the
application of similar criteria by members of the official party
who hold the majority in the House of Deputies.

The results of public opinion polls regarding the state of
the judiciary in Argentina should thus come 4S no surprise. In

May of 1992, the Center for Studies of the Union of the New
Majority (a hon~governmental organization), made public an opi-
nion poll which indicated that 33,30% of respondents had a nega-
tive image of the Supreme Court, while 38.80% believed it to be
corrupt. Another opinion poll realized by TEA, indicates that
the Judicial is considered more corrupt than the Legislative
Branch, although less so than the Executive. Furthermore,
respondents to a Gallup poll indicated that the most important
cause of corruption is judicial inefficien¢y and a lack of pu-
nishment of the guilty. According to a national poll undertaken
by the G. Romer Consulting Firm, only 5% of éitizens believe that
the justice system is free of political influence. A final poll
that deserves mention {conducted by the TEA Agency and the maga-
zine There Is No Justice} investigated the opinions of lawyers
and judicial employees revealed that 66% of respondents had
direct knowledge of acts of corruption. An investigation by
Javier Otaegui and Associates (April of 1993) showed that 77.022
of those interviewed for the poll believed the Judiciary is not
independent. Finally, a March 1994 Gallup pokl showed that

judges were trustworthy for only 16% of the Argentine people. In
an extensive article published by the British magazine The
Economist in November,1994, it was noted with astonishment that
Argentina is "possibly the only country in the world where the
public trust in journalists is greater than ‘the trust in
judges." ;

All of the above is in contradiction ta the positive trend
cited by the Argentine Government in its Repert. But beyond even
these differences in the State's perspective on the Judicial
Branch, the government report should also be considered somewhat
rash in that it exalts a number of legal reforms that, in
reality, have never been implemented. The following paragraphs
seek to demonstrate this "bad faith" which guides the manner in
which the government informs the Committee. =

For instance, although the Judiciary Advisory Commission was
indeed created during the penal code reform, all the employees
and judges presently employed in the criminal ‘justice system were
appointeed based on factors other than professional qualifica-—
tion. Many lawyers chosen by the Commision das the "most quali-
fied" candidates were not appointed. At this time, aithough the
Commission formally exists, there is no legitimate access to
posts when they become vacant. In addition, the Council on the
Magistrate, created by the Constitutional reform and imbued with
greater competency in the appointment of judges, has not, to
date, been legally regulated. To assure, therefore, that such a
reform will result in greater objectivity in the selection of
judges is premature, and will not be the case until it is deter-—
mined how the Commission is to be constituted.

Another unfounded statement made by the gbvernment in its
Report is that which maintains that the increase in the number of
Supreme Court Justices was due to the need to quicken the
handling of cases. It is public knowledge that! this increase had,
as its only objective, the assurance of a Judi¢ial Branch
unconditionally responsive to the exigencies of the Executive
Branch. The modality adopted by the Supreme Court to examine and
resolve cases is the successive analysis of case files by each
member of the Tribunal, clearly evidencing the: fallaciousness of

the governmental allegation. The only objective in increasing its
Size was to achieve a Court which would accomodate the desires of
the Executive i

On the other hand, the penal code reform mentioned by the
government proposed the creation of penal enforcement courts,
judicial police, and a department for assistance to victims. In
what regards courts of enforcement, there are presently three
established which attend to those condemned for penal
trangressions. The existence of only three|courts makes it
practically impossible, nevertheless, given the high number of
cases, to control the proper implementation of sentences. Having
passed almost three years since the reformjof the penal code, the
Judicial Police has yet to be created. Thejdepartment for the
assistance to victims has also not been effectively implemented.

It can be confirmed that the Executive has "stacked" the
courts with sympathetic judges, that the ptogress alleged by
the Argentine State in its Report to the Committee does not
exist, and that the improper functioning @f the Judicial Branch
is confirmed by public opinion as expressed in numerous polls. In
this context, what remains to be shown is!a series of Executive
actions that demonstrate what model of a Judicial Branch fits the
actual interests of the government. :

in this sense, there is a tendency within the Judicial
Branch to abide systematically by the demands of the Executive,
including in matters that refer to the violation of basic rights.
AS an example, we can cite the following chse: on April 7, 1994,
a civil court judge ordered the eviction of 1,200 persons who
resided in the Giol warehouse owned by the Argentine State
Railway System. This decision was taken in [violation of
procedures established in the National Coa€ed of Civil and
Comercial Processes (Arts.679 to 688). The jinhabitants of the
warehouse were denied the right to defense,, since they were kept
unware even of the existence of the suit until October 4,1994,
when a convoy of more than 500 police officers raided the
establishment in compliance with the judge’s demands. In addi-
tion, the eviction suit predetermined that! occupants were delin-
quents based on the fact that some of these individuals had been
previously processed in police headquarters for seizure of
property (A resolution then under appeal and nullified prior to
4-10-94). This constitutes a violation of the principle of
innocence since these occupants were considered guilty prior to
any judicial condemnation. |

in what regards the legal protection of human rights, the
present Supreme Court reversed landmark decisions which
protected the physical integrity of individuals in the face of
police abuse, permitting the admission of confessions obtained
under duress. It has also denied a homosexual association the
possibility of obtaining legal status, considering its activities
to be contrary to natural order and, in general, demonstrated
weakness in the defense of procedural guarantees and reversed
Opinions with respect to de facto legislation.
In another attention raising case, at the ehd of 1994, and for
the second time in its history, the Supreme; Court used the
"persaitum" recourse in order to leave without effect the
excarcelation conceded by a judge to persons who had been held,
without trial, for 6 years on the accusation of drug trafficking.

The decision by the lower court was based on a recent law which
places a time limit on preventive detention, reglamenting the
American Human Rights Convention. :

Coinciding with this jurisprudence, which is contrary to the
effective protection of individual rights, it is possible to
identify a similar tendency in policy. Beyond the Bills remitted
by the Executive to the Congress and which are the object of more
detailed analysis in other sections, it is important to
underscore, for example, the lack of balance between the present
public defenders and the prosecutors office. In the Federal
District, there are 30 oral tribunals within the ordinary
criminal justice system. Each of these courts is assigned a
prosecutor who has a staff composed of one career employee, one
Scribe, and one administrative employee. In comparison, each
public defendor is assigned three oral tribunals. A structure of
this type signifies a clear violation of the right to defense,

In the same spirit, the Executive Power has tried to
undermine the work of attorneys through the implementation of
fiscal impositions and the promotion of media campaigns against
the profession, characterizing lawyers as belting responsible for
what the government has defined as the "legal industry". The
Executive has deregulated the remuneration of lawyers, which, in
practical terms, signifies the payment of insignificant sums for
services rendered. Judges have also been known to impose severe
sanctions against attorneys who criticize judicial resolutions.
Through Executive Decree 1480/92 and Resolutions 983(26-8-93) and
535(15-5-94) of the Ministry of Justice, a system was implemented
which concentrates within the Ministry, the faculty to determine
requirements and norms of procedures that define the mediation
process, in addition to capacitating, as mediators, individuals
who are not lawyers. The decisions of mediators are legally
binding for the parts, and through these decrees and resolutions
the mediation process is taken out of the hands of professionals.
This also reflects a further intervention ofithe Executive Power
in the Judicial sphere. ;

In 1993, Italian judicial functionaries‘and the respective
lawyers involved in a case against 939 members of the Armed Forces
(brought by families of Italian individuals who had disappeared
in Argentina), obtained authorization through diplomatic channels
to receive judicial testimony in Argentina. This request was
assigned to Judge Gustavo Literas‘ court, who set a date for the
hearing. However, the hearing was suspended Que to the interven-
tion of the Ministry of Justice (and indirectly, the Ministry of
Defense) which instructed the district attorney to appeal the
resolution. This is another clear example of interference of the
Executive Power in Judicial matters and of adtion contrary to
international obligations (i.e., the Universal Declaration of
Human Rights, the Convention Against Torture, declarations of
the Interamerican Commission on Human Rights, the American Human
Rights Convention, and the United Nations DeGlaration On the
Protection of Individuals Against Forced Disappearances).

The Executive Branch, alleging "necessity and urgency",
issues decrees to modify laws and constitutidnal norms, exceeding
the limits of its authority as determined by the National
Constitution and jeopardizing the division of powers. As an
example, Decree 1772/91 "authorizes the temporary cessation of

functioning of national marine vessels for up to two years,
giving crews the option of obtaining either! leaves of absence
without pay, or termination with an indemnigation equivalent to
50% of normal pay. This regulation was subsequently prolonged
by Decree 2733/93. Commercial companies are the only parties
benefitted by these decrees which favor thd leasing of Argentine
vessels to other countries and which undermine labor contracts
in the naval industry. :

Particularly polemic have been the decisions made by the
present Supreme Court in cases relative to privatization, where
the Court has frequently adopted criteria favorable to the
interests of the Executive. The privatization of Argentine
Airlines is possibly the most illustrative ¢ase in which the
court, for the first time in its history, took over a case which
had only been decided by one lower court judge who had resolved
the suspension of the licitation due to irregularities. The
Supreme Court intervened with notorious haste to revoke this
lower court decision, skipping over procedural instances and
disregarding the formal requirements of an appeals recourse.

in another case which aroused public indignation due to the
connivence between the Supreme Court and the Executive, the Court
was accused, in 1993, of removing a decision which had already
been added to a case file in a judgement against the Central Bank
and for which the Finance Minister himself, publicly recognized
having interceded. i

This dangerous official policy toward the Judiciary is also
confirmed by the improper use of foreign furids destined for the
improvement of the court system. A case in ‘point is the Judicial
Training Project financed by AID funds; ia program yet to be
implemented. The same can be said for a project involving the
reform of public defenders’ offices, and for the implementation
of a nationwide judicial exchange program. The above allows us to
affirm that despite the foreign funds received, the reforms
announced or proposed for their use have not been implemented.

VI. INTERNAL SECURITY

Since the restoration of the rule of law more than a decade
ago, the, legislation adopted in this area can seriously endanger
individual liberties and rights. The government has consistently
demonstrated a tendency to sanction authoritarian security laws
as exemplified by the creation, through Decree 1193/94, of the
Security Secretariat. This decree has transferred the power
to implement "preventive-repressive"! security measures
(especially in regards to terrorist acts) fo| a new government
department, the Super Secretariat (commonly referred to as the
5S}, the head of which answers directly to the President of the
Nation. 4

The creation of this official organ is @ questionable
step given that it entails a significant contentration of power.

The Secretariat brings under its command a great number of
Security agents and functionaries with a suspiciously high
budget. When the government initially promoted the idea of
creating this new security structure, it was rejected by all
Sectors of the community. The Executive, nevertheless, took
advantage of a terrible attack against a Jewish organization
(which caused more than 100 deaths) as justification for
immediately sanctioning the decree. In this case, as in many
others, the state utilized a real need for greater security as a
basis for sanctioning a decree which unduly limits human rights.

Other instances in which the Armed Forces are empowered to
intervene in low-intensity internal disturbances include the
following: :

~ Decree #327/89 which empowers the Armed: Forces to repress
armed groups which endanger life, property and liberty;

~ Decree #329/90 which empowers the Armedi Forces to reprass
"unarmed" individuals who carry-out acts of public disturbance;

- Decree #1273/92 which creates an Intelligence Coordination
Department integrated by the federal, border, ,marine and provin-
cial police, to investigate cases that intetfere with "social
peace™ and a planning and control institution to formulate
"strategies to deal with social conflicts."

A particularly worrisome reality is the Executive Branch‘s
Anti-Terrorist Bill submitted to Parliament for approval. This
proposal contains very alarming provisions with respect to the
human rights of anyone involved in political activities. The most
dangerous aspect of this law is its definitional ambiguity
regarding what constitutes terrorism. The vagheness of its wor-
Qing can be used to repress social protests.; Furthermore, the
proposed Bill increases criminal penalties, in some cases exten-
ding them to extreme and unjustifiable terms. : Terms of 10 to 25
years are establishe@ where arms or explosives are employed with
the aim of attacking public security. No damages need to have
been inflicted, all that is needed is to establish the dangerous-
ness of the assault. In other words, the full weight of the
penalty will be applied irrespective of whether property or
individuals were victimized. This prison term is superior to that
applied in cases of homocide; in the case of. illegal "associa-
tion", the penalty would also be 10-25 years (the present law
applies terms of 5 to 20 years). Instigation to commit this type
of crime would carry a term of 5 to 15 years (presently, 2 to 6
years) and public apology of these crimes would also receive 5 to
i5 years, although presently, it is only subject to a penalty of
i month to 1 year. 5

From a Human Rights perspective, the Defense of Democracy
Law (23.077) contains a series of arguable provisions. Among the
most objectionable items, the disproportionality of sentences and
the lack of judicial review of final sentences: should be mentio-
ned. These were the two arguments which led the Organization of
American States’ Interamerican Commission on Human Rights to find
the Argentine state responsible for violating the human rights of
Guillermo Maceda, who was condemned in a separate trial for his

participation in the assault on the La Tablada Barracks in Ja-
nuary, 1989. The transfer of this case to the jurisdiction of
the Interamerican Court, upon recommendations of the Interameri-
can Commission, prompted a friendly settlenent in Maceda’s favor.
The same Defense of Democracy Law is again under study by
the Interamerican Commission in relation td the general complaint
brought by those involved in the La Tabladal incident. As was
mentioned on the section on impunity, one of the complaints
lodged before this international body refers to the lack of
official investigations of the human rights violations committed
in during the suppression of the attack. :What should be noted
here is that the length of the sentences established in this Law
aS well as their lack of ‘judicial revision have also been ques-
tioned. In any case, the present national Security laws, as well
as those projected through reforms, clearly demonstrate that the
Argentine state continues to appeal to a@ concept of internal
security that is, by nature, dangerously repressive and violatory
of fundamental rights and freedoms. :

Vit. INSTITUTTONAL VIOLENCE

Police brutality is another instance of Human Rights
violations in Argentina. It is engaged in through the frequent
application, on the part of security forces, of torture,
extrajudicial execution and other forms of violence which are
promoted, facilitated, or at least not adequately controlled by
the State. :

This Human Rights Committe, based on its study of the
previous Report submitted by the Argentine government, made
specific recommendations regarding "the use of excessive force on
the part of the police and the Lack of guarantees against the
abuse of power by the authorities, with particular attention to
the practice of torture". The president of tthe Committee
expressed hopes that these recommendations would be implemented
immediately. Nevertheless, the Argentine State has not only not
promoted more effective measures of protection and instead
approved new laws which further jeopardize the Rights recognized
in the Covenant, but, in its present Report jit limits itself to
referring the Committee to its earlier Repoyt. (reference to Arts.
6,7 and 9 of the Covenant in the Report of danuary 7, 1994).

Opinions are unanimous with respect to ithe problem of
institutional violence in Argentina (we define as “institutional
violence" all the arbitrary and illegitimata use of force engaged
in or sanctioned by the State). The reports of the Argentine
Human Rights organizations (see annex), as well as those of
international organizations (Human Rights Waltch [section
dedicated to Argentina in its report on the ‘status of Human
Rights in the World, 1994], Amnesty International [Report on
Police Violence in the Provinces of Chaco and Formosa (sic:

should read Corrientes)], Lawyers Committee for Human Rights
{Section dedicated to Argentina, "Critique"], coincide on the
seriousness of the Situation, and the lack of response by the
Argentine government. In this respect, the report submitted by
the U.S. Department of State suggests, among other views, that
"the Argentine police continue to be responsible for abuses of
Human Rights. Civil and military police have: been responsible for
a considerable number of extrajudicial assassinations...and
police brutality continues to be a serious problem. "

The Argentine government, on the other hand, in its Report
to the Committee, provides details on reforms to the Criminal
Procedures Code presently under way as the only response to the
above mentioned complaints. Beyond the fact (as will be shown
later) that these legislative reforms do not limit numerous
routine illegal practices, the new Criminal Procedures Code
itself contains judicial norms that clearly violate Human Rights.
In this regard, the following should be underscored:

- Preventive detention continues to be ‘abused, constituting
as it does th rule and not the exception. The legal principle of
.hon-excarcelation for certain crimes is maintained and due to the
indiscriminate increase in the sentences of the majority of
crimes, many are the cases in which prison release is legally
prohibited, without consideration even for exceptional cases;

- The time period allocated for preventive detention
continues to be excessively long. A law recently sanctioned
stipulates that a reasonable detention peridd during trial is 2
years, with an allowed extension of up to 3.5 years. Although
this law reflects an improvement of this situation, Since there
is now an established time limit, the law also stipulates that
individuals can "reasonably" be maintaindgd under detention,
without sentencing, for up to 3.5 years (in cases of crimes
involving drugs, there is no established time limit);

~ It continues to be a common practice to keep prisoners

incommunicado during the first few hours of ‘detainment. As will
be shown, the government is seeking to prolong this period for up
to 5 days. This has serious consequences for cases
involving torture, as it becomes difficult to prove involvement
in torturous acts after many days of: confinement. But
notwithstanding these eventual reforms, the present
legislation, by maintaining detainees incotmmunicado in police
headquarters, greatly facilitates maltreatment of the arrested.
The majority of judges are also reluctant to investigate these
issues for fear of jeapordizing their "good relations" with the
‘police precinct; :

- The direct application of misdemeanor edicts by the police
impedes the necessary judicial control in the handling of cases
which can lead to sentences of up to 30 days:in prison. In other
not so flagrant cases, even a sentence resulting in a fine signi-
fies a police record for the condemned, making social insertion
more difficult. The seriousness of these police procedings is
that they take place without automatic judicial control.

- Detention for a records~check continues to be an approach
utilized by security forces to, arbltrarilly, arrest "enemies" or
anyone they deem suspicious. During these arbitrary detentions,
not only are individuals subjected to unjustified incarceration
(usually under inhumane conditions), but also to mistreatment of
Various sorts. :

In addition to these and other "legal" violations of
human rights, it is also important to note the abismal distance
which separates the normative regulationg themselves and their
application by state agents. In this respect, we outline below
some of the most grave and frequent types af police abuse:

* the almost systematic use of torture and mistreatment
which is facilitated by a legislation insufficient to protect the
detained. Among the most common transgressions we can mention
"pagging". This involves covering the head jof the detained with a
specially devised bag which, upon the application of force
and abuse, leaves no physical marks (This: method, nevertheless,
does not protect the detained from brain injuries.). Another
abhorrent method is the application of the "dry submarine", In
this case, the head of the detained is covered with a plastic bag
to induce asfixiation. Both approaches are popular amongst the
police because they do not leave physical marks;

* the police continue to detain individuals unjusti-
fiably without regard for the conditions éstablished by law. in
addition, there is no administrative control of
these detentions, which allows the police to register arrests at
their convenience. As a consequence, detehtion can be officialy
recognized hours or days after the fact; |

* one of the principal elements of proof continues to
be the "spontaneous" declarations made by the detained to the
police. These confessions are obtained under physical and psycho-
logical duress and usually congtitute the main
evidence during trial and sentencing; |
|

* although the legal time periods allocated for the
completion of trials are already excessively long, not even these
limits are complied with and legal processes can be extended
indefinitely. While these periods havé been reduced as a
consequence of the introduction of oral defenses in the Argentine
judicial system, this change has only been partial,since some
phases of the legal process continue to be: conducted through the
presentation of documents and other written material which unne-
cessarily prolongs cases; |
, * it is important to note the poor physical conditions
under which the detained are kept while in custody. The
incarcerated are confined in small cells without exposure to
natural light and, in some cases, without exposure even to arti-
ficial light. In addition, the detained are kept in areas not
adapted to those with special needs, such as in the case of the
handicapped. Furthermore, the constant anf strict police vigi-
lance maintained in areas of ijiincarceration is
intimidating to attorneys during consuitation with clients;

All of these human rights violations, whether they refer to
legal procedures or are the result of illegal police practices,
are not recent in Argentina. There is a long! tradition in our
country of the arbitrary use of force by security personnel. The
governnent has not, in spite of these violations, shown intent to
stop or even limit illegal practices. Much to the contrary. A
worrisome passivity has charaterized government response, in sone
cases by ignoring facts and, in others, by outright complicity.
The case of Luis Patti is an example of the latter. Patti, a
commissioner of police, has been, for a number of years, charged
with applying torture, although this has not kept the government
from promoting him to other posts. :

The response of the government to popular requests for
greater security against the abuse of force Has been the creation
of laws that increase police authority, and 4 Lack of
acknowledgement of evidence which reflects the dangers of leaving
the power of decision making in the hands of ‘state agents
(See in annex, an opinion poll conducted by the Center for
Legal and Social Studies regarding views on the police.). Instead
of implementing a serious program that considers the necessities
of all those involved, and promoting changes ithat require
security forces to adequately comply with the exigencies of a
democratic state, the government ratifies laws that leave civil
society unprotected. !

The most notorious case regarding the above involves the
proposed reform of the National Penal Code, initiated by the
Ministry of Justice as part of a plan to reorganize the Judicial
Branch. Some measures proposed in this Bill constitute, in and
of themselves, violations to Human Rights, and others seriously
/ endanger the protection of basic guarantees. Among these, the
following are noteworthy: :

- Interrogation of suspects is permitted: by security forces
(art. 10 of the Bill);

~ The detained can be maintained incommuhicado by the police
for up to six hours (Art. 10) and, as previously mentioned, this
period can be extended by a judge for up to § days (Art. 18). It
is also important to note that the detained can be kept from
interviewing with a judge during the detention period, violating,
in this manner, the right to a Speedy trial (Art. 30 eliminates
the required 6 hour time limit for appearance of the detained
before a judge). :

~ The exigency that the arrest warrent contain a description
of the violation for which the detained is being arrested has
‘been eliminated. It ceases to be a legal requirement, therefore,
that the detained be informed of the reason(s) for their arrest;
(Art. 29); i

These are just some examples of the dangerous changes re-
cently proposed by the Executive. The nature of this B11 clearly
indicates a firm tendency to empower security. forces without the
benefit of greater judicial control. :

Finally, it is also important to emphasize that police
violence is not limited to any particular tegion of the country,
and that abuse (in its various forms) has been reported
nationwide (Even though mores serious situations can be
identified, such as the province of Buenosi Aires -the most popu-
lated area of the country-, Mendoza, and| the Chaco). As it is
impossible to extend ourselves in further detail here, with
respect to the grvity and extension of this situation anb the
negligent or complicit behavior of the Argentine State, we refer
you to the appendices annexed which relate statistically, and
through the presentation of various individual cases, the degree
of human rights violations herein described.

Despite the recommendations provided by the Committee on the
occasion of its examination of the previoug government report,
where specific references were made regarding "the excessive use
of force on the part of the police, the nedded implementation of
guarantees to prevent the abuse of power by the authorities
(particularly in what regards the practice lof torture), and the
statement by the President of the Committed on the hope that
these issues would be immediately investigated", the Argentine
state has not only not effectively promoted the implementation of
laws which protect the rights recognized in the International
Covenant, but has also limited itself to reiterating to the
Committe ,in its present report, the information presented in its
previous submission (we make reference to Arts. 6, 7, 9 of the
International Covenant and to the government report of January
7,1994). ;

In early February, 1995, while this Réport was in its final
phase of completion, the Chamber of Deputies approved a bill to
reform the Criminal Procedures Code. Although it is presently
impossible, because of time constraints, to: present a detailed
analysis of all the reforms, it should be noted that this Bill
reflects, to a large degree, the reforms proposed by the Executi-
ve and which have been questioned in our present Report. That is
to say that it is clear to us that the preposed changes to the
Criminal Procedures Code reflect an authoritarian tendency in
their fundamental dispositions. :

We have chosen, therefore, to make reference to only one of
the proposed reforms because of the magnitude of its practical
consequences. In regards to our previous mention of the tendency
to nullify legal procedures, the government! reform introduces, as
a general rule, that "despite the presence pf irregularities, a
legal proceeding will not be nullified if it fulfills the purpose
for which it was intended". This signifies the "legalization" of
the principle that the "ends justify the means", Although this
Bill remains to be passed in the Senate, and its application
would be left to the discretion of judges; it would come as no
surprise that it was interpreted to mean that even in cases where
confessions are obtained under duressi{as in the case of
torture), if the "proceeding fulfills the gbjective for which it
was intended", the confession would be Hegally recognized as
valid. :

It should be mentioned that these prdposed changes to the
Criminal Procedures Code have their originsiin pressures made by
security forces in their intent to obtain greater power and
authority. Recently, a number of judges have disqualified various

police acts alleging that they involved grave irregularities in
the obtention of evidence. Nevertheless, these disqualifications
have been challenged by members of the legal profession who
appealed to the "legal" | protection of irregular police behavior.
For their part, the Executive and Legislative Branches are per-
mitting the expansion of police authority. |

VITT. PENITENTIARY SETUATTON

The Argentine penitentiary system has developed historically
aS an extension of the repressive state apparatus of successive
past military dictatorships. These past ten ‘years of constitutio-—
nal government have not translated into Significant changes in
the functioning of the prisons. :

A preponderant factor behind this lack of change has been
that many of the jails continue to be administered by the same
genocidal torturers who were enployed during the dictatorship.
The Argentine prison system is a disgrace to the civilized world,
in as much as the most elemental human rights and constitutional
guarantees are trangressed therein. In this regard, the state
clearly violates international treaties and conventions by sub-
jecting its detainees to cruel and inhuman treatment. It is our
obligation, therefore, to refute the affiymations made by the
government in its report, and to expose the reality of this
system as we see it. :

Functioning and Competence of Enforcement Judges

The implementation of this institution has not fulfillea
expectations. Among the problems observed are the following:

- only three Enforcement Judges have been designated to
attend to thirty-five prisons located nationwide. For those
located in the interior of the country, inmates can only be
breught before the magistrate once a year; :

~ access to enforcement judges is mediated by prison autho-
rities. The incarcerated can only be interviewed by an enforce-—
ment judge once authorized by prison personhel. Audiences must
be solicited in writing and an explantion for the requested
meeting must be provided. The possibility for an interview with
the competent judge, therefore, depends on the will of the prison
director, thus limiting or impeding any form ‘of control;

- enforcement judges have not been known to visit the pri-~
sons and familiarize themselves with the quality of conditions
under which inmates are held. Although the: judges are legally
disposed to establish themselves in prison establishments, they
are usually located in central offices; :

~ a jack of independence in the Judicial Branch can also be
exemplified in the case of enforcement judges. No reports or
legal actions have been brought, by any judge, against the innu-
merable cases of abuse, torments, and hohocide perpetrated by
prison personnel, Neither have any administrative actions been
initiated by enforcement Judges (even in their own jurisdiction)
regarding conditions under which prisoners are housed;

~ Article 495 stipulates special comditions under which
arrest may be deferred, and - provides for such "if the
prisoner is ill and if incarceration places the life of the
detained in danger, as indicated by medical examination." This
legal prevision has not been complied with and it has been the
object of numerous complaints by relatives!and legal representa-
tives of inmanates infected with HIV. A wari has been established
for those terminal prisoners infected with HIV in the Muniz
Hospital (Penitentiary Unit No. 21). There are innumerable cases,
nevertheless, of infected adolescents who have remained in prison
without appropriate medical attention and/or sanitary conditions,
until their situation becomes so grave that they require trans-—
fer to wards for the terminally ill. In Unit 16 of the Federal
Penitentiary Service (SPF), 150 young adults are detained, of
which 45% are infected with the HIV virus. These inmates, as in
the case of the 3500 adults housed in Units 1 and 16, do not
receive any type of medical attention or! preventive care. In
addition, in the majority of cases, infected prisoners are poor
and are incarcerated for minor offenses’ (most without prior
records). In ali of these cases, Article 495 has not been con-
plied with;

- Detained minors usually fulfill theit sentences while they
cases are still pending. After their eighteenth birthday, they
are kept in high security prisons and subje¢ted to violent treat—
ment. The cases in which full sentences ard completed before the
age of 21 are rare, meaning that many must iwithstand three years
of incarceration during which maltreatment) overcrowding, cold,
hunger, and constant physical punishment ar@ endured.

Enforcement judges do not investigalte the condition of
incarcerated minors. They allege that even thought he minors are
housed in units within their competence, ther fact that they are
still without sentences means that they are] under the jurisdici-
tion of a trial judge. For their part, the trial judges argue
that according to the provisions of Art. i395 of the Procedural
Code, when an Enforcement Judge exists, the responsibility for
controlling detention conditions and treatemnt is his/her compe-
tence. |
; In sum, savage repression and physical punishment are
periodically unleashed against detained! minors without the
competent judges intervening on their behalf. When they do, it is
for the purpose of "becoming familiar with the facts", without
demanding the adoption of pertinent measures that guarantee
protection of the detained. |

In conclusion, the organization of an Enforcement Court has
resulted in a worsening of the conditions of inmates in the
Argentine prison system. A lack of effective implementation of
measures to control and guarantee constitutional rights of

priseners has created a state of impunity for penitentiary per-
sonnel. Enforcement judges have been extremely cautious so as not
to incommodate national authorities, contributing through their
silence to the abhorrent conditions in Argentiine prisons.

Restructuring of the Argentine Penitentiary System (SPF }

There has been a pronounced regression with respect to
prison personnel in Argentina since the new Minister of Justice,
br. Barra, took office. Many members of the ‘SPF, as in the rest
of the ARmed and Security Forces, participated in the Task Forces
which were responsible, during the dictatorship, for the tortu-
res, violations, kidnappings and assassinations conducted in
clandestine detention camps. But, unlike the military and police
officers who were forced into retirement or resumed their natural
functions, after the return of constitutional government, prison
guards continued to carry out the same activities.

In other words, many of those responsible for guarding the
Clandestine detention camps and torturing the kidnapped, today
direct the prisons and they continue to mistreat, abuse, and
torture the inmates. Although the original intent of enployeeing
into the system young, college educated government officials was
to "humanize" penitentiaries, this orientation changed drasti-
cally after the presidential pardoning of those military who had
been condemned, and, most importantly, after the appointment of
the new Minister of Justice. ;

Shamefully, participation in the infamous "Task Forces" or
being accused of violations against human rights by national and
international organizations now constituted: a motive for pride
and a guarantee of promotion for those making careers in the
correctional system. The SPF was the organization most benefitted
by impunity, since none of its members Were ever brought to
trial. :
The Inspector General, Olimpio Garay, was removed as head of
the SPF as a consequence of the hunger striké of several inmates
who accused him of irregularities and mistredtment of prisoners,
and of reports made by human rights organizations. His previous
permanence in office, nevertheless, was a clear indication of the
existence of a repressive state apparatus that continues intact.
Garay was one of the members of the SPF enpldyed in the clandes-
tine camp known as "El Vesubio", active between 1976 and 1978,
and located in the province of Buenos Aires. Assistant Ma‘jor
Miguel Angel Pepe and Warden Nicasio Orlando. Bordon also worked
there. Pepe is today one of the top brass at the Devoto Prison
(Unit 2), and Bordon heads the Economic Crimes Jail (Unit 29).

Additional xrepressors active during the dictatorship and
presently employed in the penitentiary system include Assistant
Major Juan Carlos Avena (a notorios repressor who was active not
only in "El Vesubio", but also in the clandestine camp of "El
Olimpo"). Avena is presently Assistant Direétor of the Caseros
Jail (Unit 1). Members of the SPF also participated in other
torture centers such as "La Cacha" in Lisandro Olmos, La Plata
(Province of Buenos Aires} and the Navy Mechanics School (ESMA).
It is not unwarranted to presume that many of these individuals

continue occupying positions just as Pepe, Bordon and Avena. All
the penitentiary personnel previously ‘questioned for their
participation in the repression have today! been promoted in their
respective professions. The young, university educated officials
alluded to previously in this report, whol intended to implement
more humanitarian reforms, have all been transferred to the most
outlying posts or forced into retirement.

*Building reforms have been almost hon-existent. The only
official initiatives taken are limited to, the construction of a
multi-million dollar juvenile detention facility in the province
of Buenos Aires. The majority of the prison population remain
housed in severe conditions. The inmates + men, women, youth and
adolescents ~ live in extremely overcrowded and miserable condi-
tions. They face hunger and cold and lack attention to their most
elementary needs, such as adequate medi¢al care, despite the
numerous and sever illnesses endemic to the prison population. It
is estimated that approximately 30% of the incarcerated are HIV
infected and that their conditions are aggravated by the savage
conditions and abandon to which they are subject.

The Caseros and Devoto Prisons (Units #1,2, and 16 of the
SPF) are "depositories" that house more thdn 3,000 detainees. The
windows of these jails are not properly maintained, in many
instances lacking glass, and the Sleeping quarters are not
sufficient or are in unusable conditions. The litter is not
regularly removed and there is no medical attention (either
physical or psychological) provided on a régular basis. Reports
are frequent regarding deaths as a consequdnce of lack of medical
assistance and/or corporal punishment. i

Neither do prison authorities provide adequate clothing,
nourishment, acceptable hygiene conditions, cleaning materials,
medication, or reading materials. The buildings in which priso-
ners are housed are not properly maintained and the majority of
sanitary installations are disfunctional. |

*This situation is not a consequence df a lack of funds. The
yearly budget allocated to the SPF, for the maintenance of 5,000
inmates, is equivalent to 210 million dollars. Administrative
corruption and the irresponsible use of funds in a penitentiary
System developed in accordance with the needs of the military
dictatorship, are just some of the reasons for which the lviing
conditions for inmates do not improve despite the enormous
investment of funds. i

The victims of our penitenciary system come, for the most
part, from the lowest and consequently the most unprotected
strata of our society. The majority of inmates are illiterate and
without access to attorneys to represent them.

*As of 1990, contacts were established between the Univer-
sity of Buenos Aires and the Ministry of Justice for the prupose
of up~dating academic requirements for the preparation of future
professionals in the penitentiary system. The program, neverthe-—
less, Was abandoned by the new Ministry of Justice.

fn 1985 a university program involving the University of
Buenos Aires and the Federal Penitenciary System was initiated in
the Federal Capital. As in the previous case, this project was

also abandoned by the new administration of |justice. The Univer-
sity of Buenos Aires contributed, during the first 10 years of
constitutional government, as an indispensable ally and supporter
in promoting humanitarian reforms in the Argentine penitentia-
ries. Nevertheless, after the presidential pardon of the military
junta, a new orientation was Followed, characterized by a
generalized conservatism in the penal system and a questioning
of the reforms introduced. .

The intent to humanize the system and to defend the rights
of prisoners began to be perceived by the States as a dangerousi
aeological deviation. The University of Buends Aires, instead of
being recognized for its high academic standdrds and for its
contributions to the defense of human dignity, was instead
accused of "dangerously altering order in the jails." The uni-
versity professors that lectured daily in? the penitentiaries
became subject to constant humiliations. Academic activities were
restricted and all possible means were used to limit prisoner
access to academic preparation. The continuation of the
pentitentiary university programs was Only assured after hunger
strikes, denunciations made by human rights drganization and the
intervention of Sympathetic legislators. Those inmates who
initiated academic studies were, in general terms, victimized by
receiving the worst conduct reports, and, on: occasion, experien-
cing the most difficulty in obtaining temporary leaves and condi-
tional freedom. :

*The goal of social reintegration of prisoners into society
is contradicted by the policies of penitentiary personnel. The
prison guards, most of whom were trained during the dictatorship,
are accustomed to the most absolute impunity > and consider terro-
rizing prisoners the most appropriate method for administrating
prisons. For an authoritarian mentality, individuals are prepared
to return to society when they are capable of withstanding any
sort of humilliation without protest. The object of this ap-
proach is to "break" prisoners and to subdue them at any price.
Pear of violent reprimands by prison guards is a constant night-
mare for the incarcerated. Armed groups of more than 100 guards
periodically scan prison facilities submitting detainees to
brutal punishments. They destroy personal items and abuse of the
vulnerability, of prisoners. :

Every aspect of the penitentiary system is designed for the
purpose of increasing dispair and shame. i

~Family members are subject to humilliating circumstances in
order to visit relatives. Women are subjected to abuse by prison
guards, to shameful body searches, to insults, constant extor-
tions and are threatened with retaliation against the inmates if
they make public accusations. All female visitors are subjected
to vaginal and anal examinations by prison personnel. Without
respect for age or physical health, family members must, in
addition to enduring the above mentioned conditions, wait in long
lines and bring their relatives food stuffs, tlothing and perso-
nal items in order to insure their survival. '

~The majority of prisoners do not have adcess to employment
in prison work stations. This inactivity is dangerious for their

physical and mental health. Those that are employed are obliged
to work under conditions of "semi-servittuude". In addition to
excessively long work hours, they are remunerated with monthly
Salaries equivalent to 15 dollars, which, jin turn, must be used
to pay for their own housing. After years ‘of arduous work under
inhuman conditions, prisoners are released to the streets without
money, proper documentation, clothing and embittered by the pain
and suffering endured during incarceration.:

“What is even worse is the indifference of the Judicial
Authorities. The judges responsible for the defense of life and
human rights remain unaffected by the above described conditions.
They are guilty of omission, silence and of neither accusing nor
intervening in reprimanding the abuse ofi power engaged in by
prison personnel. Judges do not periodically inspect penitentia-
ries and, in the same manner in which they rejected the use of
Habeas Corpus during the dictatorship, today they ignore the
judicial recourses and accusations brought by the detained and
their family members. :

t
1

Annual Report of the Prison Solicitor — 1994/94

The Prison Solicitor, Dr. Eugenio Frejxas, has submitted a
report which cleary outlines the drastic conditions under which
prisoners are housed in federal jails (moreithan 5,000). Although
no mention is made of those incarcerated! in provincial jails
(approximately 25,000), one can deduce thatitheir condition is as
equally poor. This is a situation that requires immediate atten-—
tion, since approximately 30,000 individuals are presently
imprisoned. :

In the following paragraphs we will dall attention to the
most serious information revealed in the Solicitor’s report:

*Stress is placed on the exgremely sighificant consequences
of the tremendous degree of overcrowding, aireality attributed to
the following elements: ; ,

~ limited or lack of sufficient space |

- excessive duration of legal processed (preventive deten-

tion) i

- Jack of alternative sentences :

. 1

In response to the above mentioned situation, the Prison
Solicitor recommended to the Minister of Justice that public
prosecutors be instructed to solicit the freeing of the greatest
number of prisoners possible. :

* The incapacity of our present social! system to generate a
system of equal opportunities is noted (page 11) in the Report.
"Our prisoners are the clearest manifestatijon of our incapacity
to generate a social model characterized by equality of opportu-
nity". (pg.89) :
|

* The Solicitor received more than 1, ago complaints regar-
ding deficiencies in nourishment, medical attention, transporta-
tion of prisoners, physical abuse, unjust reprimands, difficulty
in receiving guests and excessive duration of preventive deten-
tion. One hundred and eighty three recommendations were made to
the appropriate authorities regarding the above, of which Loo
were denied and 83 favorably received;

* A proposal was developed to regulate sanctions, including
the prohibition of "collective" punishment, guarantee of legal
defense and prison releases as determined by an Enforcenent
Judge; :

* The report revealed that the Central Brison Hospital is a
mere dispensary, and that to transfer only one prisoner to medi-
cal facilities outside prison grounds, he was assigned to the
custody of four prison officials at the: expense of almost
$700,000 in salaries alone;

* Prison medical personnel are given. ‘rank and thus are
subject to orders and instructions from their superiors (Chief of
Inspection, Chief of Security, etc...). AS a: consequence, treat-
ment may at times be retarded in favor of judicial and adminis—
trative requirements. He recommends that doctors be excluded from
the penitientiary system hierarchy;

* Five years after the sanctioning of Lalw 23.737 (referent
to use of drugs), no special programs have been implemented for
attention to addicts, dental care is not provided on holidays,
and the 25% of inmates who are infected with AIDS - 1,200 per-
sons - experience difficulties in receiving ‘appropriate medica-
tion; :

* In the prison canteen, overpricing of wp to 100% has
been observed; i

* Searches conducted of visitors are an affront. The only
metal detector available (introduced to limit the humilliating
body searches previously mentioned) is located in Prison Unit 2,
unused; :

* In many units, there are no adequate ateas for private,
couple visitations. Furthermore, in the case of those couples
that are not legally married, 2 years of previous cohabitation is
required as a condition for visitation: :

* Pentitentiary personnel are not required to maintain
visible identification, thus remaining anonymous ;

* Severe punishments and reprimands are imposed for minimal
viclations and in addition, transfers are often ordered in conse-
quence. Every time such cases have reached the Enforcement Judge,
they are invariably revoked; i

* Public defendors are daunted by the long waiting periods
to which they are subjected and can go months without any contact

with their clients. It is not uncommon for inmates only to meet
their lawyers once trial proceedings begin.:

* It is recommended in the Report that prisoners be given a
copy of the legal documents of their case prior to initiation of
oral court proceedings; ;

{

* Only two of the three Enforcement Courts due to be crea-
ted presently function. Furthermore, these jare not at the dispo-
sal of those prisoners transferred to locations in the interior
of the country; i

* Education personnel are integrated into the SPF hierarchy
and thus are lacking in autonomy. Rather, 'they should be emplio-
yees of the public school system. of 5,300 prisoners, only 230 of
the 800 indicated enagage in elementary levél studies. Facilities
for secondary level studies are only available for independent
adult education degrees (without classroom presence) in which
there is no teacher-student nor student-student contact. Only 400
Students are registered, when there could bé potentially 4,000; °

* There is only one telephone available for prisoner use
(located in Unit 2); 1

* Remuneration for employed prisoners Varies between $0.75
and $1,20/day (for a 7? hour work/day in Unit 2, for example), and
payment of salaries can take up to one year. In the Report it is
recommended that payment of salaries be itimely and that the
amounts be comensurate to the stipulated minimum wage. Article 55
of the penitentiary law, which obliges the prison system to make
remunerated work available to inmates, has not been complied with
for the past 36 years; :

* There is a total lack of hygiene and insufficient water
and heating. There are broken windows and a ishortage of beds and
mattresses; ;

* The long period of preventive; detention is not
constructively taken advantage of through: measures that would
result in temporary leaves. |

Since the Argentine government dia not include the prison
Solicitor’s Report as part of its submission: to the Committee, we
are annexing a copy of same to our Report. |

t
t
;

IX. DISCRIMINATION

Antisemitism

The impunity which characterizes antisemitic acts as a
consequence of government passivity, in addition te the antisemi-
tism promoted by institutions such as the Armed Forces and, to a
lesser degree, the Catholic Church, has created a climate in
which such acts are tolerated by broad sectors of the population
and thus can be perpetrated. :

On April 17, 1991, Osvaldo Ercolano, Ditector of the Center
for the Capacitation of Adults #274 (located in the Senate),
converted his Civic Education class into a diatribe against Jews.
Other complaints were added to this incident, such as the case of
the Geopolitics professor, Dr. Broez, who Presented an apology
for Nazi strategies during World War ITI. Upen being informed of
these two cases, the Director of the National Program for Adult
Education (DINEA), seemed only concerned in: verifying the names
of students who had reported the cases. :

On April 28, 1991, 111 graves at the Jewish cemetery of
Berazategui were desecrated. Although previous attacks had occu-
rred, this was the first antisemitic act in’ which suspects were
apprehended. The detained, Horacio Carrondi :(member of the Army
intelligence service until February of 1986), Henrique Kessler
(member of the Intelligence Service of the Ministry of the Inte~
rior and Secretary of the Police Comissioner of the Province of
Buenos Aires), and Carlos Schellnast (former’ city councilman for
the Justicialist Party in Florencio Varela, Buenos Aires Provin-
ce), the first ever charged under the Antir-discrimination Law
23.592. Nevertheless, despite the numerous arms confiscated in.
their homes, the accused were freed. In 1993} for the first time
Since its ratification in 1988, a judge enforced Law 23592. Judge
orfeo Maggio sentenced Carlos Schelinast - in another case - to
eight months of suspended prison, for having participated in
racially discriminatory activities.

In December of 1993, the Head of the Chamber of Deputies,
Alberto Pierri, was interviewed by the magazine La Maga regarding
accusations made by the journalist Roman Lejtman in reference to
"Narcogate" ~ a scandal in which the government was supposedly
involved in drug laundering and corruption. The former tried to
disqualify the mentioned journalist by referring to him as a
"dirty Jew". :

Despite international outcry, condemnation by Jewish
Organizations and the political opposition, media exposure, the
only response offered by the Head of the Chamber of Deputies (the
third authority in the presidential succession) was that he had
innumerable Jewish friends and staff. The government dismissed
Pierri’‘s declarations as "a mere verbal exabrupto".

Although three years have passed since:the attack against
the Israeli Embassy in Buenos Aires, and 7 months since the most
horrendous attack against a Jewish organization in Argentine
history (the Israeli-Argentine Mutual Association}, the govern-
ment has only manifested its intent to clarify these two cases,
without the same being reflected in concrecte ‘actions.

HIV/AIDS

Law 23.798, ratified in 1990, regulates the prevention,
capacitation and assistance to those affilicted with AIDS. It
penalizes discrimination, prohibits unauthorized HIV blood tests,
and penalizes incursion into the private dphere of persons. The
Anti-discrimination Law of 1988 protects individuals against
discrimination based on race, physical condition, political and
sexual orientation, and religious affiliatipn. Articles 14 and 16
of the National Constitution guarantee equal employment opportu-
nities for all those living in the Argentine territory. In addi-
tion, Article 19 protects the right to privacy.

Nevertheless, the problem of AIDS is paradigmatic in as much
as the existence of a legal framework of protection for the
inflicted does not guarantee "de facto" implementation. present
legislation does not appear to go beyond the point of decla-
mation, and there are many cases that exemplify the degree of
discrimination in our country today. |

Access to equal employment opportunities is not abided by,
even though the risk of exposure and contamination in the work
Place has been considered almost impossible. Law 23.798 esta-
blishes that no one can be tested without prior written authori-
zation. Nevertheless, despite the condennatfions made by numerocus
organizations working with the AIDS probllematic, there are no
jaws or regulations that prohibit pre-employment blood tests. The
incidence of these tests is frequent in Argentina, in addition to
tests conducted of those that are employed,!which, in many cases,
are used as a basis to terminate employment, as corraborated by
Dr. Maglio of the Muniz Hospital (Center for the treatement of
AIDS patients). ;

In August of 1993, in clear violation of Law 23.798, a
public school teacher afflicted with the AIDS virus was declared
unfit for employment by the Direction of Labor Medicine of the
Municipality of Buenos Aires. This case of @iscrimination was
reported by the metropolitan ombudsman, Antonio Cartana, who
documented that "AIDS is not an illness!which is propagated
through social contact, but rather must be transmittedc through
blood transfusion and/or sexual activity." |

Since 1991, the Argentine army has beeh undergoing
compulsory blood tests of new recruits. According to reports made
by conscripts, the results of positive HIV tests are provided in
an unprofessional and non-respectable manner, and without the
appropriate psychological support established by Law
23.798. In some cases, the victims of such practices reported
they were later informed that their test results were negative
(Source:Gays for Civil Rights). |

In August of 1994, the prosecutor, Josée Maria Villalobos,
requested a 15 year prison term for a gay médical student who
donated blood without having knowledge of his condition as an
asymptomatic HIV carrier. The attorney’s discriminatory attitude
was founded on the basis that the student had not revealed he was
homosexual at the laboratory where he donated blood.

Women

Although over recent decades, Legislative advances have
contributed to bettering the historically disfavorable status of
women in Argentina, in the majority of cases, these have only
been a formality. The neo-liberal economic policies implemented
by the present government drastically affects the female popula-
tion, particularly those of lower social-ecoromic strata. Women
are today employed as "secondary" or marginalized labor force and
utilized by the private sector as a means for: cutting costs. The
retraction of state services ,such as in tHe case of health, |
transportation, education, etc..., has translated into an increa-
se in domestic Labor for those women who seek to compensate
economically for the lack of state support. This overburden of
workplace and household obligations takes a toll in regard to
worker leisure, health, development of new: skills, political
participation and access to other civil and’ political rights,
The cost is also then reflected in women’s qualifications when it
is time to be "equal" in the labor market.

Poverty and the economic adjustment policies presently
implemented directly impact female participation in the labor
market. The crisis provokes a growing offer of low-skilled and
non-experienced women workers, who look for .a job in order to
compensate for the extreme shortages faced in their family situa-
tions. As in other developing nations, women constitute the
majority of the underprivileged population, a phenomenon known as
the "feminization of poverty." :

In our country, official statistics reflect a panorama which
includes the following: i

~ Women constitute 51.1% of the total poplation (17 out of
33 million); ;

-— In the late 1980’s and early 90’s thereiwas an increase in
the number of female heads of household (32.1% overall), inclu-
ding both poor and non-poor households. There ‘is a concentration
of female heads of household in the Northwest /(where they repre-
Sent 42.8%} and in the Northeast (41.8%). Nonetheless, among the
structurally poor, the increase was 44%; :

-~ Of all the femaie heads of household, more than half
constitute marginal labor. ;

No less discriminatory and serious, due to its social and
individual consequences, are the limitations imposed on
reproductive rights, as there is no guarantee!of access to sure
and effective birth control. In 1986, legislation which prohibi-
ted the rendering of birth control services was revoked.
Nevertheless, in recent years, legislative attempts to propose
family planning policies have not been successful, and birth
control continues to be culturally and economically unaccessible
to the majority of women (particularly the most underprivileged).

The absence of state policy in -this respect is closely
related to the high number of abortions registered in the
country. Argentine legislation stipulates that the interruption

of a pregnancy is a criminal offense. Nevertheless, a number of
estimations coincide that there are approximatly 350,000 abor-
tions conducted yearly and, in the majortiy! of cases, in unsani-
tary and unsafe conditions. The mortality fate due to abortions
is 1 in 1000, thus constituting the principle cause of mortality
and disproportionately affecting those of jlower social-economic
status. Since in Argentina there are presently no family planning
programs that are free of charge, nor programs that provide
information on the matter of reproductive rights, illegal abor-
tions wil most probably continue. f

Discrimination against women can be expressed in various
forms. Our patriarchal culture promotes, particularly in the
domestic environment, many forms of oppression ranging from rape
to the suppression of rights such as: the transgression of des-
ires, motives and freedoms, omission, offense, discrimination,
disqualification unauthorized use of her body and intromission
into her sexuality. Although there are no official statistics, it
is estimated that one in every five women; suffer some form of
domestic violence. i

The crisis has had a differential impact on women, who are
subjected to discriminatory mechanisms on the basis of their
class, ethnicity, gender or age. This is nanifest through:

~ The decision-making process, which has direct consequences
for her and her family; :

- The perpetuation of differences in the social, political
and legal condition of men and women; i

- Limited participation in the labor market, including
Salary discrimination and occupational segregation;

~ Difficulties in access to well-paid and stable employment;

- Reduced access to essential social services, which have
increasingly been transferred back to the domestic sphere;

- Increasing migration of women from rural to urban
areas in the search for better working opportunities as well as
improved health and education possibilities;

~ Lost access to health -particularly reproductive health-,
educacion and culture, which guarantee the bases needed for a
good quality of life; F

- Ad campaigns which target women in particular and which
promote inadequate and contaminating consumption patterns without
regard for the economic limitations of the na jority of the female
population. :

Discrimination on the basis of Sexual Orientation

Data provided by studies undertaken ih a number of coun-
tries indicate that the percentage of the homosexual population
is between 4 and 17%, revealing what constitutes one of the
most important minority groups in our society. The condition of
gays and lesbians in our country has improved over recent years,
fundamentally because of the development ‘of the gay-lesbian
movement since 1991, the formation of a number of activist groups
in the Buenos Aires. and in the interior of the country, and the
increasing support of the different sectors af our society.

Despite these welcome, in 1991 a Supreme Court decision
denied legal status to an organization known as the Homosexual
Community of Argentina (CHA). This decision revealed the legal
disregard for the homosexual community, in addition to other more
profound discriminatory practices. Legal recognition, neverthe-
less, was granted to the CHA in 1992, as a result of national and
international pressure.

While Qiscriminatory practices were not prominent in the
first years of President Menem’s term in office, as evidenced by
numerous reports received from gay organizations, police repres-
sion against the community has increased considerably in recent
months indicating a drastic change in policy. The "Gays for Civil
Rights" organization received between June af 1992 and September
of 1994, 342 reports of discriminatory practices engaged in by
the police. These statistics reflect reprimands for misdemeanors
and are differentiated from the status of crime in the Argentine
Penal Code. The status of these offenses replaces judges with
chiefs of police as the official authority, therefore empowering
the latter to detain and condemn individuals for periods of up to
30 days. Although the application of reprimands is limited to the
city of Buenos Aires, there are comparable norms in the majority
of provinces. Article 2, clause D of the "Scandal Decree" prohi-
bits the “use and exhibition of clothing of the opposite sex",
Article 3, clause A of the "Public “thaw al Decree" reprimands
those in ‘charge of establishments "that allow couple dancing
between males."

In January of 1992, the gavernment of canada granted, for
the first time in its history, the status of political refugee to
Jorge Inaudi, a gay, Argentine citizen born in the province of
Cordoba. Canadian authorities were able to confirm that Inaudi
had been systematically persecuted and detained on numerous
occasions by the Cordoba police because of his sexual orienta-
tion. The defense presented by the attorneys in this case, with
‘the Support of the International Gay and Lesbian Human Rights
Commission (ILGHRC), appealed to the Misdemeanor Code, which was
basis enough for the Canadian authorities to allow Mr. Inaudi
entrance into the country.

A gay and lesbian organization charged Cardinal Quarracino
(Cardinal Primate of Argentina} with violation of Anti-Discrimi-
nation Law 23592 for statements made against homosexuals. The
magistrate in this case determined, as a form of justification,
that the Cardinal’s statements were made during the period ofe

Lent, excusing the accused, therefore, of responsibility for
promoting hatred and discrimination. The discriminatory state-
ments made by the Cardinal - during the airing of his weekly
television program (tragsmitted on the state television channel)
~ goes beyond the official church discotrse which, although
considering homosexuality an unnatural act, ‘nevertheless promotes
tolerance. It should be noted that there was no official church
statement condemning the homofobia expressed by Quarracino.

Religious Discrimination :
|

The fact that the Secretary of Religion (a dependency of the
Ministry of Foreign Relations and Religion), has arbitrarily
registered the inscription of churches in the Register of Reli-
gions, required under actual legislation | (Law 21.745), is an
indication that freedom of religion isi not guaranteed in
Argentina. It is suggestive that none of the employees of the
Ministry are non-Catholic, although the Secfetariat is in charge
of all religions represented in Argentina} (accusation made by
Pastor Roberto Gonzalez of the Metropolitari Community Church of
Buenos Aires}. ;

In August of 1994, the Minister of Foreign Relations and
Religion, based on resolution 2050/94, denied the Metropolitan
Community Church (ICM) a request for inscription in the National
Register of Religions. The ICM was founded in the United States
in 1971 as a consequence of the repression suffered by gays and
lesbians, and has representation in 17 countiries. This church has
been active in Argentina since 1987. Argentina is the only
country in the world that has denied the church legal status.
This rejection was based on the fact that thiis Protestant church
conducted activities that "resulted offensive to the public
order, morality and good customs" whild in the process of
"publicizing their views on homosexuality, transvestism and
transexuality" The church has been accused 6f "promoting homose-
xuality as if it were as normal as heterosexuality". Furthermore,
the official statement made by the Secretary of Religion, Angel
Centeno, alleges that the union between members of the same sex
"is repugnant to the values of the Argentine: community."

In February of 1993, while Rabbi Baruj Plavnick arranged,
through the Argentine Chancellery, the repatriation of the body
of a member of the Brazilian Jewish community, the Secretary for
Consular Affairs of the mentioned state offite, Carlos Ingenite,
forced Mr. Plavnick to remove his kipa (ritual head covering used
by the Jews). Plavnick based his request on the argument that
the Rabbi was in the Chancellery of the Argentine Republic and
therefore should remove his kipa. The Rabbi was obliged to follow
these instructions in order to obtain the!repratiation of the
body. On a later date the Secretary was removed from his post in
an attempt, by the government, to ameliorate the ensuing public
response, :

it has been a year since the state attorney initiated a
process to suspend all registration for legal status by reli-
gious groups (some of which have been in the, process for years),
while awaiting the sanctioning of a new law of religion - a law
which has, to this. day, never been ratified. These are some of
the forms in which religious minorities are discriminated against
in Argentina. |

Discrimination Against the Poor

The economic policies implemented by the present govern-~
ment, far from improving the situation of marginalized sectors,
have resulted in a further worsening of the. condition of those
living below the poverty line. Statistics indicate that the
greatest number of unemployed are of low economic status. The
great urban areas are perceived as opportunities to overcome
economic crisis by thousands of families that migrate from their
place of origin to congregate in "poverty rings" that encircle
metropolitan centers. The discrimination suffered by this popula-
tion, through suspicion, fear and rejection is evident in the
growing response of those already living in these areas. The new
migrants are pre-judged, because of their social-economic status,
as thieves and malcontents.

The structural adjustment policies have introduced new
cultural norms that are reflected in the fragmentation of the
popular sectors. The culture of "individuality", in which the
notion that there are some social services which should be main-
tained public is weakened and replaced with an ethic of indivi-
dual survival and competition, is increasingly prevalent. This is
precisely the basis for arguments against the migration of the
underprivileged to urban peripheries. ;

In this respect, government discourse has tended to cha-
racterize the poor as delinquents who should be subject to the
full weight of the law. It is in this context that in July of
1993, in reference to the squatting by the :homeless of vacant
buildings in the Federal Capital, President) Carlos Saul Menem
gave direct orders to the Federal Police Chief, Jorge Passero, to
"forcibly evict" squatters without awaiting a judicial order,
even at the risk of combatting their "illegality" with illegal
action by the State, according to a declaration publicized in the
newspaper Pagina 12 (edition 13/7/93). :

Between August’ of 1992 and January of 1993, the government
of the Province of Chaco implemented a progran to erradicate the
poor by transporting almost three thousand undmployed to the
Province of Santa Fe. According to statements ‘made by the
Governor of this province, Carlos Reutemann, and by various
Chaco community leaders, displacement of the mentioned population
to Santa Fe occurred by railway and was financed by some members
of the community under the pretext that workers would have access
to employment in the fruit harvest. The arrival of the migrants
and their tllegal occupation of provincial lands caused conflic-
ting situations with those already living in the area. This

Situation prompted the Superintendent of Santa Fe, Jorge Obied,
to submitt a report to the Ministry of the Interior which allegea
that the migrants had been provided free transportation financed
by the Governor’s office and by other state officials. The majo-
rity of those displaced to Santa Fe today, live in marginalized
conditions as a consequence of rejection by the local population.

The discrimination experienced by the poorer sectors of our
society is continuously worsened by government actions that are
limited to "identifying the poor", for thé purpose of implemen-
ting policies to control social upheavals, and further guaran-
teeing the perpetuation of poverty. :

Discrimination Against Youth
|

Argentine young people suffer various forms of exclusion,
running the full gammet of discriminatory practices already
mentioned. There are also discriminatory practices targetted
directly at youth on the basis of their age, and there have been
no campaigns implemented which specifically address this situ-
ation. :

In 1991, an ordinance was passed in the Municipality of the
City of Buenos Aires (45.236) which obliged the posting, "at the

entrance of establishments dedicated to public entertainment, of
admission requirements".. By law, these could not promote diffe-
rential treatment based on "physical characteristics, race,
religion, nationality, ideology, gender, or social-economic
status". Nevertheless, in 1994, despite the non-existence of
channeis for the reporting of complaints by willing adolescents,

some incidents attained public notoriety due to their very. natu~
re. In one of these cases (occurring in. the city of Mar del
Plata), a group of 20 university students, the majority of whom
were From provinces in the North East, réported that they had
been discriminated against while entering a: night club because of
their race and the manner in which they were dressed. The com-
plaint was filed by the Marplatense University Students Federa-
tion. Two months earlier, and in the samé city, members of an
Australian aboriginal dance company weré also discriminated
against at a night club because one of its: integrants was black.
Another, case which acquired public notoriety was the aggression
suffered by a group of adolescents who werg severely beaten in a
bar, for the simple reason of "dancing in a:manner which appealed
to them". This dancing generated a responsé by the owner of the
establishment who ordered security personnel to assault the
mentioned adolescents. Legal proceedings: were inititated as a
resuit of these incidents, and in their prdsentation the lawyers
for declared that "these occurrences revea} a generally abusive
attitude against the young in establishments dedicated to public
entertainment and promote situations of ablise and violence ‘that
are not curbed by local authorities". "Physical injuries were
evident and we were surprised that upon arrival at police pre-

cinct 131A, the victims did not receive imnediate attention,
despite their physical condition".

In the only reliable opinion poll known (published by the
newspaper Clarin and conducted in 1992 by ithe CEOP) in which
young people were questioned on themes regarding discrimination,
responses revealed that the frequency of reports of discrimina-
tion against this group occurred:

- 88.4% in night clubs

—- 66.1% in police actions

~ 64.4% in employment locations

~ 50.6% in schools

-~ 34.4% in actions by authority figures

- 2.3% never experienced discrimination

- 1.2% unknown/no answer

The same group interviewed also revealed ithat they believed
to have been discriminated against as a consequence of:

~ demeanor 78.6%
- clothing 69.22% |
- social class 67.1%
~ skin color 62.0% :

i
- age 37.5%
- other reasons 5.23

Needless to say, it is alarming that 37.5% of respondents
believe they are discriminated against simply ifor being young.

xX. THE RIGHTS OF CHILDREN :

The economic stagnation and insecurity! presently experienced
have worsened social problems in Argentina, creating a degrading
Situation of poverty that cannot guarantee the right to life,
education, health and housing, particularly for our most disen-
franchised groups ~ children and adolescents. As a consequence, a
number of human rights violations have emerged that impact the
young by transforming them into "products",| such as in the cases
of the traffiking of children, child prostitution, pornography
and, labor exploitation. All of thetabove violate the
International Covenant (Art. 6.1;7;23;24.1;jand 26).

In the case of the rights of children, ithe State does not
assume its indelegable role as protector of the young who, as a
consequence, suffer from hunger, malnutrition, abandon, abuse of
authority, inadequate legislation, and an finefficient and inef-
fective system of Justice. In Argentina teday, 40% of children
live in situations of extreme poverty and approximately 50 chil-
dren, die per day from conditions resulting from poverty. More
than 26,000 children can be found in juvenile detention centers,
jails, psychiatric clinics and police stations (UNICEF Report,
1993}. There are approximately 4 million children whose daily
lives are characterized by difficulties originating in low family
incomes, inappropriate housing, lack of psychological and inte-
jiectual stimulation, inadequate education Bnd limited access to
social services that could contribute to their healthy develop-
ment, i

The problem of child abuse has increased in alarming
proportions, not only with respect to physical but also psycho-
logical and sexual abuse. Although there are no concrete statis-
tics, it is estimated that one in every five families engage in
some form of domestic violence. Violatidns of the rights of
children in what regards health and education, are also on the
rise. :

Per-capita spending for basic education is below that of
1980, and the incidence of recidivism is, on an average, 4 times
greater for poor families than for those of [the middle-class. The
plan to privatize public education, as proposed in the new
education law, "dilutes" the obligation of [the state to educate
the young and contributes, not only to the deterioration of
teacher salaries, but also to an exodus of competent educational
personnel from the profession (more thani5,000 teachers have
resigned just in the Province of Buenos Aires). This situation is
aggravated for those children belonging to indigenous communities
who are forced to integrate without the support of bi-lingual
programs, and are subject to ethnic discrimination (PREMA
Foundation, CTERA-SUTEBA Report). i

The lack of official statistics forces: us to estimate that

prior to 1990, one third of the population was under the age of
15. If we add those between the ages of 15 and 19, the number of
young people today reaches 11 million. Available statistics
indicate that many of those between the ages of 1 and 4 (appro-
ximately 3,500.000) are not registered in early child-hood educa-
tion programs; that 7 out of 10 children aie as a consequence of

preventable conditions (accidents and infectious diseases); that,

of the neonatal deaths registered, 3 out of every 4 are
preventable and, for post-natal deaths this statistic falls to 6
out of every 10 and; that in 1 out of every 2 pregnancies, in the
city of Buenos Aires, mothers do not receive pre-natal care
(statistics indicate that the lack of maternal health care is
even more acute in the interior of the country).

It should be noted that Argentina did; not meet the target
goals it established as part of the UNICEF-' Year 2000 Program in
the following: perinatal health; early control of pregnancy;
infant mortality (18,000 children die each | ‘year before reaching
their first birthday [70% within the first month of life, many
for preventable causes}])}; nutrition; and vaccinations (coverage
has dropped). (Argentine Society of Pediatrics - Working Group
For The Rights of Children). :

Street Children

It is important to note the denigrating: conditions to which
street children are subject. Many are victimized by low family
incomes and are forced to work in the informal economic sector
where adults exploit their vulnerability. Some children live
permanently in the streets where they are exposed to the risks of
sexual and economic exploitation, resulting,; in some cases, in
loss of life. In 1994, many adolescents perished under
questionable conditions in the "red light district", located near
the Buenos Aires railway station. These cases had extensive media
coverage which revealed that deaths had been'a consequence of
moving trains, altercations between street gangs and
confrontations with the police.

The Council for Family and Children has implemented a pro-
gram against the exploitation of minors which proposes solutions
to many of the problems mentioned. The program is limited because
it addresses the needs of only one third of the population at
risk and does not provide solutions to the fundamental social
problems which plague the young.

Institutionalized adolescents, whilé supposedly under
"protective custody", are victims of police abuse, illegal
detentions and torture. Abuse by authorities is also exemplified
in unjustified physical punishment, by the! withholding of nou-
rishment, and by housing the young in uninhabitable conditions.

The Committee for the Implementation and Monitoring of the
Rights of Children included in its 1994 Report (submitted to the
United Nations Committee of Experts), the denunciation made by
SUTEBA in regard to violations of the rights of children (1993
and 1994) occurring at the Araoz Alfaro Institue, within the
jurisdiction of the Under-Secretariat for Children, Family and
the Environment of the Province of Buenos Aires. The National
Association for the Defense of the Rights of Childhood and Ado-
lescence, denounced the maximum-security characteristics of the
Aimafuerte Institute, within the jurisdiction of the Undersecre-
tary for Tutelar Protection of the Ministry for the Family of the
Buenos Aires Province. The denunciation refers specifically to

the "violation of the respect, Gignity, and physical, psycho-~
logical and moral integrity of the detained youth".

There was also a conflict at the Caseros prison, in which
two prisoners carried out a hunger strike! during several weeks
(sept.~oct.’94) in an attempt to prevent curtailment of the
inmate university program carried out under the auspices of the
Univeristy of Buenos Aries and CINAP. ‘

Data on the incidence of extra-judicial assassinations of
adolescents in poor neighborhoods are alarming. These crimes are
usually portrayed as the consequence of supposed confrontations
with police and the generalized impunity which protects the
latter is used as a means of social controll.

Existing data also reveals reports of abuse of authority,
abuse of firearms, torture, and deprivation of liberty (COFAVI
Report, 1994). :

Identity. The Right to a Name and Nationality

Besides cases of infants disappeared during the repression
and who continue, to this day, unaware of their real identities,
the commerce and trafficking of children in? our country is also a
worrisome problem. The data available, aithough unofficial and
therefore questionable, reveals that 12,000 infants are illegaly
sold and/or adopted every year. The majority of these dealings
take place in the interior of the country, with the children
being sold from the interior to the Federal Capital. Between 500
and 700 newborns are sold to foreigners every year, particularly
Europeans. Upon leaving Argentina these children lose not only
their identity, but also their name and nationality.

This commerce is well sustained, on ithe one hand, by the
desperation of mothers who are usually abandoned, under-aged,
poor, unemployed, and without family suppgrt and, on the other
hand, by anxious couples who cannot concéive and who will do
whatever necessary to obtain an infant. :

This criminal commerce has established a "price" for its
"product", which ranges between $5,000 for infants sold within
Argentina, and 10 to $20,000 for those sold outside the country.
Until 1994 there was no legal recourse for dealing with this
crime.-Finally, in November, 1994, a law was sanctioned which
punishes the ki@napping and trafficking of children and which
imposes, sentences of up to 10 years in prison, and establishes
the criminal status of the "intermediary." The sanctioning of
this law, although as of yet not promulgated, was a consequence
of the publicity of a case involving the ir#egular adoption of an
Argentine infant by a Spanish couple. Nevdrtheless, one of the
most important criticisms of this law is that it penalizes the
parents, although to a lesser degree if they allege need. To the
above mentioned should also be added cases of child prostitution
and the trafficking of body organs (altthhough the latter is
almost impossible to prove) that occur in Argentina every year.

With respect to the matter of international adoptions, we
support the position taken by the State which expressed its

reservation to the pertinent articles when. adhering to the Con-
vention on the Rights of the Child. The tatification of these
articles would imply facilitating documentation for removal of
infants from Argentine soil, in contradictiion with the national
adoption law {Drs. Ricardo Ivoskus, Jorge Luis Calcagno, and
Nora Schulman ~ Institute for Social and Family Studies).

The following information is drawn from three denunciations
made by Sister Marta Pelloni, Director of. the School of Santa
Teresa de Jesus (Goya, Corrientes Province) and member of the
Multisectoral Forum for Justice in Goya.

1. The biological daughter of Sonia Fernandez was solé@ to a
German couple. The intermediary was Dr. Ernesto Rodolfo Villa,
husband of the Advisor for Child Affairs of ‘the city of Goya (Dr.
Villas assisted in the adoption of another infant by a German
couple in May of 1992). The sale was not finalized because the
mother retracted her decision. A suit was filed against Dr.
Villa, although later dropped because of lack of evidence. The
Advisor, for her part, argued that the infant would have a "bad
future" if maintained with the mother (The sale had been arranged
for $5.000.).

2. In 1992, an individual by the name of M. Mercedes repor=
ted the theft of an infant. The judge in this case, Dr. Eduardo
Panseri, requested a number of investigative searches. In one of
these, a clinic belonging to a midwife by the name of Toledo, the
police arrived at a time when three abortions were being eprfor-
med. Charges were brought against two individuals in this case.
The principle accused is presently free on 550,000 bail. Judge
Panseri was separated from his post.

3. The infant, Jose Paulo Torres, born | ion October 17, 1989,
and son of the minor Alejandra Torres was adopted (after one
month of birth) by a Spanish couple (Miguel Texeira Andujar, a
program analyst, and Maria Jose Garcia, an dadministrator for the
Committee of the International Red Cross of ‘Buenos Aires). The
couple submitted false residence in San Ysidro, Province of
Buenos Aires. The director of the pre-school "Tia Amanda"
handed-over the infant on November 13th, and Fundamor, a private
adoption agency ,also in the province of Buenos Aires, functioned
as the intermediary. It should be noted that Argentine law
prohibits the removal of citizens from the dountry under these
conditions. The reporting of this case before the Judicial system
was conducted by the ex-intervenor of the Department of Minors,
Mrs. Graciela Hraste. The file disappeared firom the Department of
Minors and was partially reconstructed by the Criminal Court of
the Province of Corrientes.

, Et should be noted that in the three above mentioned cases,
there was total impunity for the parties involved. This leads us
to suspect that there must have been government complicity in
covering-up the cases, 3

Juvenile Detention Institutes
On May 30, 1993, the minor, Carlos Ibattra (age 16) was
killed by aa gunshot while being held in the Araoz Afaro
Institute, a goverment institution under thg auspices of the
Undersecretariat for Minors, Family and the Environment of the
Ministry of Public Health and Social Actioniof the Province of
Buenos Aires. The gunshot was fired by a: sub-official of the
Provincial Police during the repression of juvenile inmantesm
engaged in an upheaval. Police Infantry also participated in the
incidents. On August 19, Rogelio Ripoll, Director of the Araoz
Alfaro Institute, declared he had been verbally reprimanded for
accusing the Assistant Director of allowirig some 20 repressors
who possessed a list of adolescents, supposedly "troublemakers",
to beat and "hose" the interns with cold water (August is a
winter month in Argentina). Personnel (both active and retired)
of the Federal Penitentiary Service had beeh contracted to enter
the dormitories during the night anda assault the victims. Of the
eleven adolescents that had been beaten, two had fractures of the
hip and ribs. It was only as a consequence! of Ripoll’s accusa-
tions and reports that information wasi obtained regarding
police conduct and that there had been no! intervention on the
part of the judge appointed to the case. There were renewed
incident of violence in the same Institute jin october and Decem-
ber of the same year. These episodes have yet to be clarified or
those responsible, sanctioned.

Disappeared Children. The Right to Identity |

The innumerable cases of children who disappeared in Argen-
tina between 1976 and 1983 is one more dimehsion of the Doctrine
of National Security implemented by the thén "de facto" govern-
ment. Hundreds of children were deprived of their identity,
family and history and raised as offsprings of officials of the
repressive forces (Navy, Airforce, Army and para-military
police). Furthermore, in many cases, these: fraudulent adoptions
were conducted with the assistance of civilian personnel in the
judiciary branch.

Although there have been 218 documented cases of disappeared
children, it is believed that 400 actually yYepresents a more
realistic figure. In the last nineteen years, 56 of the
disappeared have been located. Of these, 30 were returned to
their biological families, 13 were legally adopted and continue
to live with the families that raised them (in most cases having
recuperated their identities and other rights), 7 were
assassinated in repressive circumstances, and 6 cases are
currently under judicial process. Of all the above, only 4 cases
were located by the State, and the others by the Grandmothers of
Plaza de Mayo. :

To resolve these cases it is necessary to make use of
genetic information and dispose of psychological support and
judicial intervention. The National Genetic Data Bank {Law
23.511} was created in 1987 on the request: of the Grandmothers
of the Plaza de Mayo. Three techniques are used for identifica-
tion of individuals; the HLA, the nuclear ADN, and the mitocon-
drial ADN. The Last two exams were recenty incorporated by the
bank. Judicial advisors to the Grandmothers also appeal to a
number of legal procedures to restitute the rights of these
children (Art 24 of the Covenant; and Arts 7,8, 11 of the Conven-
tion on the Rights of Children). It is in. this area that the
greatest difficulties are experienced. The judicial system
resists returning children to their real families, tends to
subject requests for legal intervention to a long process which
wears out families, and prolongs ties between the children and
the families that appropriated them.

The case of twins born in 1977, during the captivity of
their parents, and robbed by a police officer is the most
pathetic example of judicial slowness, inopérancy, and outright
claudication. With the assistance of the National Genetic Data
Bank, adolescents identified in 1989 but not returned to their
families until December of 1993. In May of 1994, during a can-
paign promoted by the media in defense of those police officials
who appropriated kidnapped children, a judge revoked an order for
guardianship previously conceded to a biological uncle, and
authorized visitation rights toe the delinquent who raised then,
despite the fact that the latter confessed to the kidnapping and
is today serving time.

In another case, a child taken from his mother in 1977 and
located almost immediately by his grandfather, nonetheless was
given in legal adoption to another party, déspite pleas made by
the biological family. Today, the victim is 18 years old and the
judicial system has not allowed blood tests to be conducted that
would confirm the adolescent's real identity. Due to incorrect
jegal action, several appropriators of these stolen children have
fled to neighboring countries and efforts ta extrdite them have
been unsuccessful. :

XL. MILITARY CONSCRIPTION AND THE RIGHT TO CONSCIENTIOUS
OBJECTION :

The following observations will he made regarding manda~
torymilitary service and conscientious objedtion.

Personal Guarantees:

Article 7 of the Covenant on Civil and Political Rights and
the Universai Declaration of Human Rights edtablish that no one
will be subjected to torture or other cruel: and degrading treat-—
ment, aithough in Argentine military barracks these practices
continue:

a. conscripts are obliged to engage in physical exercises
that demand resistance beyond their capabilities, resulting, in
many cases, in irreversible physical and psychological damage;

{

b. physical and psychological punishment are used as means

of guaranteeing that orders be obeyed; :

c. discriminatory practices (including physical punishment)
are used against those conscripts that profess other religions;
d. there are no guarantees for the integrity of life.

The above can be proven by the great number of deaths and
mutilations resulting from the use of arms And other Causes , and
unsatisfactorily investigated by the justide system, since only
in a very few cases have responsible parties been charged. The
death of soldier Carrasco in March of 1994 ijs a case in point, in
addition to the deaths, by immersion, of two soldiers in January
of 1995 in the swimming pool of the Granaderos and Caballo Regi-
ments, and by the assassination of a solidier in the Punta Indio
Base, aiso in January of 1995. |

Law 24429

The Voluntary Military Service and Alternative Social Service
Law, Sanctioned on December 14, 1994, clearly provides (in Arti-
cie 2) for State guarantee of rights that: safeguard human di-
gnity. The Argentine Government initiated, prior to the
promulgation of this law, a publicity campaign which openly
promoted the abolition of mandatory military service. Although
this law incorporates stipulations for voluntary military service
and alternative social service, the Military conscription Law
{17.531) has not been revoked.

We object to Law 24429 because of its discriminatory nature.

a. The conscientious objector is only jguaranteed clothing,
nourishment, transportation and medical attdntion (Art. 25). For
those persons engaged in voluntary military jservice, on the other
hand, economic remuneration and education are provided (Arts. 19,
4 and, 2), in addition to other privileges! such as preferential
treatment and the accumulation of points td be used in the case

of those who take jobs in the National Public Administration or
any Municipal and Judicial positions, and assistance in the
purchasing of homes (Art. 9, inc. B). .

b. Conscientious objectors are denied the right to work,
which is in clear violation of Arts. 6 and 7,of the International
Covenant on Economic, Social an@ Cultural Rights, and of Art. 23
of the Universal Declaration of Human Rights.

c. In the case of war, conscienticus objectors are subject
to trial in military courts instead of in civil courts, as is the
right of all civilians. i

We object to Law 24.429 because of its punitive nature.

a. This law imposes prison terms of 2 to 4 years and denies
professionalization for those who reject, alternative social
service (Art. 27, Inc. 1), violating in this manner, the Declara-
tion of the U.N. Commission on Human Rights which establishes
that States should abstain from incarcerating conscientious
objectors, and that alternative military services should not be
punitive; :

b. This law also establishes the non-remuneration of alter-
native social service, which is another form of discrimination
against consciencious objection.

The World Conference on Human Rights held in Vienna in 1993
states in its final document, that "goverhments should reject
legislation which favors the ‘impunity of those responsible for
grave violations of human rights such as torture, and punish
these violations therefore consolidating the reign of law". We
consider that the number of deaths, torture and other mistre-
atments practiced in military service without sanction, to be
another form of impunity.

XII. SITUATION OF INDIGENOUS PEOPLES

Ten years have passed since the ganctioning of Law 23.302 on
Indigenous Policy and Assistance to Aboriginal Communities, even
though the Law was reglamented only in 1989. We can affirm,
however, given the following, that the mentioned law is simply
pro-forma:

- the ENAI (National Institute for Indigenous Affairs), the
department responsible for implementing the jaw, has only existed
in name, has appointed only one Director and Assistant Director
(without the participation of indigenous representatives), and
does not count with sufficient federal funding to execute the
services established by law;

- the services provided by the Register of Indigenous
Communities (which establishes the legal status of all Argentine
indigenous communities) have been suspended or remain unful-
filled; :

~ Agreements and services that refer to land distribution,
health, education, housing and retirement Henefits have not been
implemented; !

- the State has not communicated to the International Labor
Organization its ratification of Treaty 169 (Law 24.071).

The following cases also deserve mention:

- the Ministry of Finance has maintainied under its control
the Ingenio Las Palmas property (39,000 acres), located in the
Chaco province. The government initiated, in 1992, proceedings
for its purchase, although it has been historically inhabited by
350 indigenous families who have used the land for agricultural
purposes and as ceremonial burial sites. The community filed a
suit against the government to interrupt the sale. The Ministry,
nevertheless attempted to convince a community leader to accept a
donation 2,300 acres as a trade-off for suspension of legal
demands. The government offer was rejected and, as a consequence,

the government sent the community leader to Costa Rica.

- the indigenous communities of the Telco-Bermejito area
(Chaco province) requested the restitution bf 150,000 acres of
dand conceded by the government in 1926. The provincial
government, with assistance from the federal level, made
available $100,000 for the management and return of the Lands.
These funds were "misplaced" by the Provinclial Bank, the Covenant
has not been concretized, and it has been five years since any
attempt has been made to resolve the situatiion;

- Laws 24.242 and 24.334 which regard the appropriation of
lands by the Kolla of San Andres, Santa Cruz, Angosto de Parani
(Oran, Salta}, and Finca Santiago (Iruya, Salta) have not been
implemented; :

- a policy of apartheid characterizes social relations in
the province of Misiones; and

~ the environment inhabited by indigenous communities is
constantly assaulted by the indiscriminate ¢utting and burning of
trees for charcoal production. :

All the above contribute to the migration and cultural
genocide of Argentine indigenous communities.

XITI. SITUATION OF IMMIGRANTS

Although no official statistics aré available, it is
estimated that there are, in Argentina today, more than 2
million immigrants originating from neighboring countries, of
which more than half maintain illegal residence. The situation of
foreigners has been aggravated, within recent years, by an
increasing xenophobia caused, fundamentally, by unavailability of
employment in the Argentine labor market. Recent polls reveal
that the unemployment level (12.2%) is the :determing factor for
the negative and discriminatory opinions ‘against immigrants,
since these are perceived as "negatively impacting the Argentine
workforce." :

Despite the inexistence of official statistics which
demonstrate that immigrants absorb employment, the government,
through statements made by various functionayies, such as that of
the ex-Minister of the Interior Carlos Ruckauf, have contributed
to the creation of a climate that supports the expulsion of
undocumented foreigners and the policing of Argentine borders.
The first xenophobic remarks by the government were made on
July of 1993 by the Presidential Under-Secretary, Luis Prol, when
he publicly blamed foreigners from neighboring countries for
illegally occupying housing in Buenos Aires. For his part, the
Director of the Population Secretariat, AldO Carreras, declared
that "what is fundamental, is coming to an agreement on what type
of population is desired in a country that is basically unpopula-
ted." In January of this year, President Caxlos Saul Menem, upon
being informed of the official unemployment: statistics provided
by the National Institute of Statistics and Census (INDEC),
disqualified these as "incorrect" and suggested that many of
those presently employed are illegal and therefore are not coun-
ted in official statistics. F

Nevertheless, the official hypothesis that unemployment is
rising due to illegal immigration has lost some of its influence
with the recent publication of results of the Permanente House-
hold Survey conducted by INDEC, According to these, the
percentage of unemployment caused by illegal insertion into the
labor market constitutes only 0.2% of the total percentage of
unemployment and that, in reality, illegal immigrants occupy
positions that Argentine workers, themselves, tend to reject.

To "attack" the problem of illegal residents, the government

has initiated a campaign to apprehend then through police opera-
tions that detain undocumented workers. Within recent months
there has been frequent media coverage of raiding of sweat shops
where immigrants are forced to work under sub-human conditions
and receive insignificant salaries. :
. Although employers were fined for this ‘exploitation, immi-
grants were, in fact, the most victimized by, lack of legal pro-
tection and economic loss. According to official information
published in the newspaper Pagina 12, in the bimester ending in
October of 1994, 700 illegal immigrants were deported. The indi-
rect effect of this policy is the migration of Foreigners to
Buenos Aires to obtain legal documentation (in itself, a long and
ardous process). Many must reside in hotels ‘or unoccupied buil-
dings exposing themselves to further dangerous and legal deten-
tions. :

law is promulgated find themselves in the situation of being
forcibly disappeared, shall have the right to perceive, through
their ‘causahabientes’, an extraordinary benefit" and "the
*“Causahabientes’ of all those persons who died as a consequence
of the action of the Armed Forces, the Sécurity Forces or any
other paramilitary group before December 10, 1983, shall have the
right to perceive an equal benefit". The payment of this benefit
will be made in Treasury Bonds: "The value] of the benefit esta-
bliished by this law can be made effective im accordance with the
terms of Law 23.982 (This law, which deals with the consolidation
of the public debt, permits the same toj;be paid with public
tender.}. j

These two laws establish an economic compensation for the
victims of prison, disappearance and assassination through the
end of the military dictatorship (Decree 1023/92, which reglamen-
ted Law 24.043, limited this period to that included between
November 6, 1974 and December 10, 1983.). ;

Our Civil Code establishes the obligation of economic repa~
ration, and it measures in money terms not) life or liberty, but
the consequences or the value of the damage ,suffered.

Beyond the economic compensation itself, the fundamental
importance of these laws lies in the State’s recognition of its
responsibility in the repression and in the assassination and
disappearance of tens of thousands of persons.

Nonetheless, it is necessary for us to establish what we
understand to be "reparation". Reparation must be integral, and
as such, economic compensation is only a part of due reparation.
For us, what is really important if Truth and Justice.

Already in 1989, when the Working Group asked the relatives
of the disappeared if they had initiated légal action to obtain
reparation and if so, what the results had been, the relatives
expressed their preference for undertaking actions which led to
the investigation of what had happened and the identification of
the guilty. At the same time they added that other victims had
unsuccessfully sought compensation. '

If the State admits its responsibility, it should also admit
its obligation to assure an integral reparation to the victims.
And the State’sobligation is to open the possibilities of inves-
tigation and respond to the question of what happened with each
and every one of the disappeared. |

Twenty years have passed since the beginning of State
Terrorism in Argentina. Sixteen years had to pass for the State
to accept its responsibility for political !detainees and twenty
years for it to offer economic compensation to the disappeared
and assassinated. j

But time is not the only thing to have passed. In 1991, a
complaint was filed before the Interamerican Human Rights Commis-
sion on behalf of 14 prisoners who were dehanding an indemniza-—
tion. The Commission found the Argentine Government to be
responsible for the same. International pressure and the sure
evidence that an avalanche of suits would be opened against the
State, as well as the pressure from national human rights
organizations, were the determining factors in the sanction of
law 24,043. :

International pressure for reparation and the fact that
favorable resolutions had been obtained in ‘some cases demanding

compensation (Cases of Hagelin, Tarnopolsky and others), were
determining factors in the sanction of Law 44.411.

These laws only affect Sate coffers. They do no touch the
interests of groups and institutions interested in maintaining
impunity. :

Law 24.321 deserves special mention. Shortly after the
beginning of the constitutional period, the relatives of the
disappeared began to interest legisiators in a bill to make
possible the resolution of legai situations posed by the forced
disappearance of family members, without being obliged to undergo
proceedings to declare the "presumption of death", On May 11,
1994, Law 24.321 was sanctioned which legally establishes the
figure of "disappeared" as well as the opportunity for those who
were forced to declare the "presumption of: death" to reconvert
said declaration to "absence for forced disappearance".

This is a legal instrument which favors - not economically -
those who suffer the forced disappearance of family members, and
it is a triumph for those of us who pressured for its establish-
ment. :
In conclusion, we reiterate the necessity of continuing the
investigations designed to provide a response to the relatives of
the disappeared, recalling the recommendations repeatedly offered
by this Committee and by the Inter-American Human Rights Commis-
sion (Report 1985/86): "the inalienable right to know the truth
about what happened in the past, as well as the circumstances and
motives which made possible the commission ‘of abhorrent crimes,
in order to impede their being repeated in the future".

XV. FREEDOM OF THE PRESS

The restoration of constitutional government as of December,
1983, supposed a profound and fundamentally postive change for
journalistic activity, including the return of exiled journa-
lists, the freeing of press workers who still remained impriso-
ned, the reopening of media closed by the dictatorship, and, in
general, greater freedom of expression. But over the past few
years there an offensive has been carried ott against the press,
the nature of which can be summed up in judicial complaints (in
the majority of cases, initiated by government functionaries),
attacks against journalists (in the majority! of cases carried out
by members of the security forces}, and anonymous or open
threats, :

Realization of the right to information and the freedom of
expression an@ information is far from reality in Argentina.
Despite their own technological advances ~ something which favors
the appearance of new and pluralist radio and television media -,
the credibility which the media have gained worlwide at the
expense of other institutions, and the rolé which the press is
assuming in the heart of these complex modern societies, all of
which would seem to indicate the existence of greater freedom of
the press, this is relative. Furthermore, ih any case it repre-
sents the force of reality rather than the result of government
action, which, in contrast, seeks to Sllence journalists commit-

ted to the truth and to the social development of humanity.

In August, 1993, a veritable campaign was unleashed against
journalists, targetting them as "the real opposition to the
action of this government". At that time, in opportunity of the
inauguration of the Rural Society’s Annual Exposition, in presen-
ce of the National President, a visible apparatus of intimidation
and aggression claimed as victims several! journalists who had
been sent to cover the event. In the aftermath, hundreds of
journalists throughout the country were jthreatened. The two
most notorious cases were the violent physiical attacks against
Marcelo Bonelli, of Radio Mitre and the newspapaer Clarin, and
Hernan Lopez Echague, of Pagina 12, the latter in two opportuni-
tes, as well as the detonation of an explosive device at the FM
Radio La Tribu.

During several months, Alberto Carlos Vila Ortiz, editor in
chief of the daily La Capital, in Rosario, Santa Fe Province, was
the object of threats against him and his family and he was
kidnapped in an auto, over the course of several hours, in the
plain of day.

On November il of the same year, Mario Bonino disappeared in
the trajectory between his home and the headquarters of the
Association of State Workers, where the Unioh of Press Workers of
Buenos Aires (UTPBA) was holding a Seminar. His cadaver appeared
four days later, floating in the Riachuelo. |

These cases along with the more than:500 aggressions and
threats registered, have never been resolved (Aggressions: Fede-
ral Police agents against journalists of the state television
channel ATC, in the course of a march demanding work; against the
night watchman of the UTPBA, Miguel Gavilan; against journalists
of diverse media in the inauguration of the Rural Society
Exposition. Threats: against journalists from Pagina 12 and the
news prgoram of Canal 13; against journalists from Buenos Aires
covering the assassination of military conscript Carrasco;
against leaders of the UTPBA: and on behalf: of the union leader
Armando Cavallieri, a death threat against journalists of the
magazine Noticias). This, despite the fact that ail of these
incidents were denounced opportunily and ih form, and that the
Ardentine government designated a special jrosecutor - Gonzalez
Warcalde, whose action was truly lamentable ; specifically dedi-
cated to these incidents.

In regard to judicial and legislative matters, the govern-
ment as filed suit against dozens of journalists and media, in
particular those who criticize or merely inform about government
acts which are often characterized by corruption. Journalists
Marcelo Helfgot and Alberto Ferrari were sentenced with fines of
$25,000 dollars for a journalistic article which a Judge
considered injurious. The verdict is beihg appealed the the
Supreme Court of Justice.

In May, 1993, as a result of actions t ken by the UTPBA and
other entities (actions which reached the: Intermaerican Human
Rights Commission} and international pressure, the crime of
disrespect - which had been abused in numergus suits against the
press ~ was repealed from the Criminal Code. j

The Argentine government targets independent journalism as
its principal adversary and as a result, carries out a deliberate
policy designed to silence its voice. f

Another recent incident forms part of that policy. On Ja-~-
nuary 2, 1995, the Executive submitted to the National Congress
two bills which seek to unduly restrict this right. One of them
would modify the Criminal Code in the Tittle which refers to
crimes against honor; the other would establish an obligation for
journalistic enterprises of whatever type tto contract insurance
in order to guarantee the payment of damages that these enter~
prises might eventually provoke against the honor of persons.

Both bills affect the right to press freedom. In the case of
the former, the disproportionate size of ‘the sanctions to be
applied to crimes committed via the media present us with a
paradoxical situation in which slander is transformed into one of
the most severly punished crimes in the entite Criminal Code. Six
years for slander can hardly be compared to the same number for
emotional or preterintentional homicide; neither can three years
for injury be compared to an equal sanction: for culpable homici-
de; slander would have the same sanction as/mutilating injuries.
With these disproportionate penalties, to bie a journalist would
again become a high risk profession in our country. ,

By making the adguisition of insurahce obligatory, the
silencing of criticism or opposition commentaries can be silen-
ced: any communication medium which has as; an editorial policy
the denunciation of acts of corruption would have to pay an
extremely high mothly premium, because the! insurance companies
would establish the premium in order to cover eventual cases in
which the denunciations could not be sustained in a penal court.
At the same time, any small independent publication would have to
cease to publish or go underground, due to tthe gact that to pay
the minimum annual premium ($25,000) would signify an insurmoun-
table obstacle to any small group of persons interested in per-
mitting their ideas to circulate freely via an Laternative publi-
cation.

On the other hand, is must be understored that the very
existence of a law which establishes cruel and confiscatory
sanctions for press crimes is a serious threat, even in the case
that it were never applied. Its very sanctianing would therefore
alter the terms of public communciation. :

This proposed bill, which would extend the concept of slan-
der to indeterminate conducts; impose sanctions equivalent Lo
those corresponding to emotional homicide and mutilating inju-
ries; subjet journalists to fines equivalent to the value of five
Qwellings; incorporate an economic compensation as part of the
sanction - not foreseen for any other crimé -; impose a prison
sentence without antecedents in comparative:law; a bill that is
inspired in another, nearly 40 year-old bill which was partially
reflected in norms adopted in past dictatorial reforms but made
even harsher here; proposed in the midst of an electoral camn-
paign; pushed by a governnent questioned foricorrupt acts; a bill
which would impose a mandatory insurance coverage that does not
exist for any other crime, nor matter how Serious; whose prede~
cessors are other bills which were quietly pushed forward after
the crime of disrespect was repealed, - leaves little room for
doubt with respect to its intent to violate human rights and its
clear authoritarian orientation.

ReRKRKE i

UNITED :
NATIONS E

Economic and Social istr.

. GENERAL
Council
£/C.12/1994/NGO/2
28 October 1994

bnanrsn
Original: SPANISH

COMMITTER ON ECONOMIC, SOCIAL AND :
CULTURAL RIGHTS :
Eleventh session ;
41 November-3 December 1994

IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS ¢

Written statement submitted by the Peace and! Justice Service

al
The Secretary-General has received the following: written statement, which
ia distributed in accordance with Economic and Social Council
resolution 1988/4, :
! [25 October 1994]

I. INTRODUCTION :
i

This document was prepared by a number of social. organizations, including
the Argentine Workers’ Congress, the National Centre fbr Retired Persons and
Pensioners/ATE (State Workers’ Association}, the Argentine Universality
Federation, the Association of Labour Lawyers, the Regional Programme of
Economic and Social Research, the American Association! of Jurista, and the
Latin American Peace and Justice Service.* Wa are submitting it to the
Committee in recognition of its responsibility to supervise implementation of
the Covenant and because we consider it important for society to participate
in the management and monitoring of the realization of! our rights.

* The present document is in fact a summary of 4 fuller report which we
are submitting to the Committee, together with a number ef documents and
additional complaints. :

GE.94-19733 (E)

E/C.12/1994/NGO/2
_ page 2

In our view, the Argentine Government is not fulfilling its obligations
under the Covenant. There is evidence of this in the deterioration of the
situation with regard to the economic and social righta of a large proportion
of the population and the obvious abandonment by the State of its role as
guarantor of these rights: :

Despite the increase in the gross domestic product, there is continuing
impoverishment and increasing unemployment;

Out of a population of 32 million, more than 5 million people have
difficulty in ensuring their rights to food, housing, heaith and
education; :

Thirty-seven per cent of the economically active population are currently
unemployed or underemployed or have no job security;

Poverty and social inequity have a disproportibnate effect on certain
sectors of the population, including retired persons or pensioners,
minors, women and indigenous persons;

There is also an obviously disproportionate impact on the residents of
the conurbation of Buenos Aires and the interior of the country as a
whole; i

The Government’s policies tend to deny citizens the rights they have
acquired, these policies being reflected in retrograde legislation,
arbitrary enforcement of such legislation, inefficiency and corruption in
the use of public property, and impunity. :

The report submitted by the Argentine Government ** does not follow the
guidelines for its presentation. In addition to omitting two of the articles
of the Covenant relating to the right to social security and to an adequate
standard of living, respectively, it fails to inelude an accurate description
of the actual situation in Argentina or to evaluate achievements and the
obstacles encountered in implementing the Covenant.. Furthermore, the
Government has made no provision for any agency to publicize the report or for
any internal discussion on it. :

For these reasons, we have contacted the Committee in the hope that its
conclusions and recommendations will help to improve State policies in
relation to these rights. i

Il. GENERAL COMMENTS

The socio-economic backqround

The neo-iiberal policies pursued since the military coup of 1976 have
led, on the one hand, to the opening-up of the economy and indebtedness and,
en the other, to a decline in industrialization, the concentration of wealth
and the exclusion of the most disadvantaged sectors. of the population. The

** E/1990/5/Add.i8.

E/C.12/1994/NGO/2
page 3

consequences of these policies have been a decline fin real wages and an
upsurge in underemployment and unemployment. The demands of the international
financial institutions have resulted in a gradual reduction in the level of
State investment. The State is abandoning its role; as guarantor of collective
rights and its duties of distribution and regulatioh in the face of the
untrammelled play of market forces. ;
i

Economic stability, which the present Argentine Government proclaims as
its main achievement, was not achieved by disciplining the Major economia
groups, but through the sacrifice of the great majority of the population. In
a recent report, the World Bank admitted that there: are not many countries in
the world where the privileged sectors have benefited to such an extent from
the unequal distribution of wealth. The richest 20] per cent of the Argentine
population account for 51.6 per cent of the national annual income, whereas
the poorest 20 per cent account fer less than 5 peri cent. a/

Social inequality goas hand in hand with worsening regional inequality.
Almost without exception, the main economic and social indicators reveal that
the process of segmentation and exclusion has accelerated, exacerbating the
country’s sharp division between those who have been integrated into the new
model and those who have not. The former live mostly in the capital; the
second, who constitute the vast majority, are also Concentrated in the
capital, but disproportionately so in the Buenos Aites conurbation and in the
interior. In the past year, thia situation cf backwardness and inequality has
given rise to considerable sccial agitation and unrest all over the country.

}

ARTICLE 6 ~ RIGHT TO WORK

In Argentina, the right to work has been restz#icted by the current
aconomic policy. According to the latest official eatigties (for May 1994),
the growth of overt unemployment (10:8 per cent) igsiaccompanied by a drop in
the rate of activity {from 41.5 per cent to 41.1 pet cent), together with a
further increase in underemployment (10.2 per cent), Including persons whe
have no job security, 37 per cent of the economically active

population - 5 million persons - are facing Labour problems.

The employment generated by the current economic plan stems from a labour
policy that tends to replace permanent workers by temporary workers.

Argentine labour legislation since 1989 has ndt sufficiently protected
workers’ rights, but rather has legalized situations of inequality, thereby
violating agreed international standards, with the aim ef reducing labour
costs. :

The National Employment Act (No. 24,013) has rot helped to create real
jobs. On the contrary, it has intreduced into the Labour relations system
methods of hiring personnel which are characterized/by the temporary nature of
the jobs, the absence of any compensation for dismigsal or the reduction of

such compensation te negligible amounts, and the lowering of employers’ social
security contributions, :

#/C.12/1994/NGO/2
page 4

ARTICLE 7 - RIGHT TO JUST AND FAVOURABLE CONDITIONS OF WORK

Within a framework of high rates of unemployment and underemployment, the
Government's restructuring policies have made wages the principal adjustment
variable. The purchasing power of the average wage fell from a base of 100 in
January 1984 to 57 in 1990, rising to 64 in 1993. 2/ iIn April 1991, when
the Government’s convertibility plan began, the average take-home pay of the
industrial worker covered 96 per cent ef the basic family shopping-basket,
whereas by February 1994 it covered only 51 per cent. :

Decree No. 1334/91 and Decree No. 470/93, by modifying collective
bargaining precedures, make it possible to consolidateia regressive policy of
income distribution which is contrary to the principleiof fair remuneration
embodied in the Covenant, using productivity as the babis for determining
remuneration instead of the needs of the worker. :

Similarly, the Collective Bargaining in Public Equployment Act was
promulgated early in 1993, but up to now the Argentine: Government has
continued to shirk its obligation to negotiate with itp workers.

As regards workers’ health, since Act No. 24,028iwas adopted in 1991
there has been a decline in protection against occupational diseases and
industrial accidents. At present, another set of regulations is planned which
will aggravate the lack of protection since it will establish a system of
mandatory insurance administered by private commercial; entities, and not by a
social security system, as required by article 9 of the Covenant.

The limitation of the working day and the right to rest are provided fer
in Act No, 11,554 and Act No. 20,744 concerning labouxy contracts. However,
the planned amendments to the Framework Agreement for ‘Productivity and
Employment, which has been signed by one sector of thd trade union movement
and by some employers and is being promoted by the Executive, will result in
repudiation of this protection because they geek to give the employer the
vnilateral power to determine both the duration and che scheduling of working
hours. ;

ARTICLE 8 - TRADE UNION RIGHTS

The right to form trade unions ia hampered by Avgentine trade union
tegislation which is at variance with international provisions. This is the
case of the Argentine Workers’ Congress (CTA), which, : 16 months after
requesting recognition as a trade union, is still being denied recognition by
the Ministry of Labour. Furthermore, trade unions that oppose the Government
are being victimized by policies which prevent them from operating freely,

such as the improper withholding of contributions reported by two unions in
the province of Corrientes. :

With regard to the right to strike, in March 1994 the ILO Committee on
Freedom of Association took the view that presidential Decree No. 2,184/30 set
limits on that right when it granted the Ministry of Labour discretionary

B/C.12/1994/NGO/2
Page 5

power to decide on the essential services to be periformed after a call to
strike has been issued. Despite that opinion, the Argentine Government
declared that the strike ordered by the CTA and the MTA on 2 August 1994 was
illegal. !
ARTICLE 9 - RIGHT TO SOCIAL SECURITY

The report of the Argentine Government completely omits this article.
Regarding the situation of non-working persons, information from the National
Social Security Administration for June 1994 indicates that 70 per cent of
retired persons and pensioners receive an income of the order of 150 pesos a
month, whereas the cost of the family shopping- basket is calculated at
900 pesos. 3/ :

Against this background, the recently enacted ‘social security reform
(Act No. 24,241) was the culmination of the Government’s abandonment of its
obligations in this area, the existing social secur LCy system being replaced
by a mixed system that includes a private capitalization option and delivery
system. 4/ Its consequences include the following: |

A drastic reduction in the funds available cod the payment of pensions to
present and future pensioners; 4

The non-participation of the currently employed and retired workers in
the administration of the funds; \

The retirement age for employees has been raised by five years;

There is no guarantee that pensioners will receive 82 per cent of their
last salary adjustable for inflation since the! amount of benefits now
depends on a combination of variables, including the financial success of
the institutions administering retirement and pensions funds.

For these reasons, the retired persons’ and pensioners’ organizations are
advocating the repeal of this Act and its xeplacement by a new law that will
reinstate a joint delivery system.

Most of the programmes designed to deal with the problems of the elderly
are either not being implemented or do not reach their target population. The
only palliative measure that the State has succeeded in implementing has been
the granting of subsidies (ridiculously small) to those retired persons whose
only income is equivalent to the minimum wage.

: Furthermore, the right to social security of workers who are employed is
being infringed because of the serious crisis in the welfare services. In
addition to the substantial decline in the resources! of these sgervices, caused
by the growing unemployment and the drop in wage levels, there are in many
cases policies of misappropriation of funds and corription which leave their
supposed beneficiaries with neo protection.

As for the national unemployment insurance, itloffers only relative
protection since in 1993 only about 11 per cent of all unemployed persons
benefited from it. i

E/C,.12/1994/NGO/2
page 6

Special protection for the indigenous peoples

In spite of the provisions of Act No. 23,302/85, the indigenous
communities are not given the necessary protection since the Act has not been
effectively implemented. The Government’s failure to deposit the instrument

of ratification of ILO Convention No. 165, notwithstanding its approval by
Parliament, has prevented its implementation and supervision.
1

ARTICLE 10 - PROTECTION OF FAMILIES, MOTHERS AND CHILDREN

1
H

Family planning and protection of mothers

The Government's report sets out Argentina’s interpretation of family

planning, stating that this is a matter which.concerns parents and no one
else, and that the State should merely encourage responsible parenthood, 5/
Attempts to legislate on family-planning policies over the past 10 years have

had little impact. Birth control continues to be inaccéssible to most women.

The absence of a government policy in this area igs directly related to
the large number of abortions recorded in Argentina (over 350,000 pex annum} -
under Argentine legislation termination of pregnancy isia criminal offence; in
most cases therefore, it is performed at great risk. Abortion has thus become
the main cause ef deaths of mothers (100 for every 100,000 abortions}, the
most needy women being disproportionately affected. i

According to official data of May 1594, the underi20 age group has the
highest unemployment rate compared to the overall rates: (30.5 per cent as
against 9.5 per cent in the same month). Unemployment and underemployment
among young persons have given rise to a very rapid increase in social
tension, According to a judicial report issued in 1993, the number of cases
coming before the juvenile courts has increased by about 135 per cent over the
past 20 years. 6&/ :

ARTICLE 11 - RIGHT TO AN ADEQUATE STANDARD OF LIVING

The Government also omitted this article from its: report to the
committee.

The official data indicate that, compared with 1980, the degree of social
inequality has jnereased significantly, as has the number of persons who have
difficulty exercising their fundamental rights to housing, food, health and
education. According to data from the National Institute of Statistics and
Censuses (INDEC), in October 1953 about 13.1 per cent of households -
representing more than 5.5 million persons - had incomes below the poverty
line. The number of persons classed as destitute was 1.7 million, or
3.6 per cent. :

Housing

Paragraph 365 of the report of Argentina recognizes that there is no
specific legislation dealing with the founding of a family. Using the 1991
national census as a basis, the office of the Under-Sebretary for Housing

B/C.12/1994/NGO/2
page 7?

calculates that 15 million persons, or 47.5 per cent off the population, live
in substandard housing, and only 37 per cent of occupied private dwellings
have running water and sewerage. '
+

The housing shortage worsened between 1980 and 1991 because the number
of families occupying substandard housing increased; some were living in
overcrowded conditions, 7/ while cthers were occupying dwellings
illegally. 8/ |
1

The Government’s response to the housing problems has been to increase
the availahiiity of private loans, but the loans offerdd are aimed at the
middle-income sectors who are not suffering serious housing problems. On the
other hand, in recent months there have been many evictions in the most needy
sectors, such ag that of the 200 families who had been living in the Bodega
Giol in the capital. Their situation has still not been resolved, despite
official promises.

ARTICLE 12 ~+- RIGHT TC HEALTH

The recurrence of cholera, measles, meningitis ang tuberculosia ia due to
the deterioration in general standards of nutrition, the absence of basic
health measures and shortcomings in the infrastructure of health care centres.
Water pollution is responsible for 90 per cent of infant mortality.

Mothers and children in the most impoverished sectors who have no social
welfare coverage lack any form of protection. This situation has xvesulted in
higher rates of disease and deaths in children under one year of age, low
birth weights and maternal mortality. 9/ Thirty per cent of pregnant women
go to hospital only to give birth. '

Public health system :

Under the current system, the State has been gradjally relinquishing ita
pesition as direct provider of public health, ag well as its authority to
regulate a health system, and over time this has caused increasing
commercialization of the system and high levels of social inequality.

The operation of the public hospitals is seriously affected by the lack
of equipment and proper hospital infrastructure, the very low wages, staff
cut-backs, lack of training and poor hygiene. There are still, for example,
large psychiatric hospitals with more than 1,000 patients and where two nurses

have te take care of 100 patients per shift. 10/

Under the health care system reform plan promoted by the Government, a
user with no social security coverage or pre-paid medicine will pay for the
service and only proven welfare cases will receive free care. As far as
prevention measures are concerned, since there is na comprehensive health
policy, either nationally or locally, the prevention campaigns are not

followed through. i1/

£/C.12/1994/NGO/2
Page 8

AIDS prevention

The Argentine Government’s report includes a description cf the goals and
activities of the HIV virus infection control and prevention programme. Its
ambiguous wording shows the considerable extent of improvization on the
subject. :

Act No. 23,788, adopted in 1990, prohibits discrimination and promotes
prevention measures and the care of persons with the AIDS virus. However, the
manner in which AIDS is dealt with is typical, since the existence of the
legal framework does not mean that it is enforced. Debpite that fact, and the
recent statistics described as alarming by the adviser to the Ministry of
Health for the national programme to combat human retroviruses and AIDS, the
Government has set up no national campaign against AIDS. 12/ Nor has a
related study been carried out on hospital infrastructire.

Right te a heaithy environment

The country’s main environmental preblem is poverty. Furthermore, there
is no national legislation which provides for environmental offences or
establishes the criminal responsibility of persons who. commit such offences.
Evidence of this is the fact that every year 300,000 tons of toxic waste are
iischarged into the River Plate, on whose banks 6 million people live. The
main source of pollution is the 7,300 industries which, dump their waste into
the river; only 20 per cent of them are inspected.

III. QUESTIONS FOR THE ARGENTINE GOVERNMENT £
Bearing in mind the functions of the Committee and the purpose of the

submission and consideration of government reports, in accordance with

articles 16 and 17 of the Covenant, we suggest that the Committee should ask

the Argentine Government the following questions.
Article 6

1. Considering that the legislative measures have nad virtually mo impact on
unemployment, does it intend to continue pursuing thoge measures and, if so,
on what basis? :

2. Taking into account the emergency employment situation described above,
what active employment policies does it propose to puysue throughout the
country and how does it explain those policies within ‘the framework of the
Government's overall economic policy? :

Article 7

3. What mechanisms or provisions does it envisage im order to restore
collective bargaining with full rights and ta achieve fair remuneration, in
keeping with its ohligations under the Covenant and other international
instruments? :

B/C.12/1994/NGO/2
page 3

4. Does it envisage any mechanisms or bills which will extend the concepts
of Decree No. 470, regarding persons authorized to engage in collective
bargaining, to leaders representing the bargaining levels elected by the
parties? :

5. On what basis have the levels of protection against occupational diseases
been Lowered and how does the Government justify the failure to compiy with
the relevant international standards? |

6. What measures doas it envisage taking in order to guarantee the
non-delegable powers of the Government to require compliance with industrial
safety regulations?

7. What legislative measures does it intend to apply in order to guarantee
the limitation of the working day, and daily, weekly and annual rest?

8. Does it intend to adopt any mechanism to restriét the widespread use of
overtime? |

Article 8

9. What measures does it envisage in order ta bring the trade union laws

into line with international standards? :

10, What are the obstacles Eo the registration of the Argentine Workers’
Congress as a trade union bedy. The Government shoulfl be urged to Proceed to
register it. :
\

Li. On what grounds did the government of the province of Corrientes
arbitrarily discontinue the free operation of the trade unions? The
provincial government should be urged to repeal the decrees in question.

Article 9

12, How does the Argentine Government propose to reetity the shortcomings in

the social welfare system? :
i

13. Given the current situation in the social welfare services, especially in

the PAMI, which serves retired pergons, what action does it propose to take in

order to solve the problem of benefits and to guarantee the right to health

and social security? i

14. Under the Federal Fiscal Pact, the provincial pension funds will now come

under the control of the central government. In this situation, how does the

Government propose to guarantee the right to participate in the administration

of the funds and ensure that their earnings are safequarded for the purposes

of social security? i

15. Why must pensioners who are working contribute to the unemployment fund?
|

16. What is preventing deposit of the instrument of; ratification of ILO

Convention No. 1697 i

£/C.12/1994/NGO/2
page 10

Article 10

17. What measures does the Government propose to adopt in order to make
possible social participation in, and control of the various programmes
referred to above?

1a. In the light of the problem of the abduction of, and trafficking in,
children, what measures is the Government taking to control the problem and
punish the persons responsible? |

19. what has been the impact of the dereguiatory measures adopted in
Act No. 24,013 and the vocational training programmes on youth unemployment

and underemployment?

Article il

20. What fiscal measures does the Government propose to take in order to

reverse the growing inequality in the distribution of the national income?

21. Given the importance of svhool canteens in meeting the nutritional needs
of children, how does the Government propose to guaraytee the necessary
resources for their operation and efficient use? i

22. What measures is the Government taking to assist the poorest sectors in
obtaining adequate housing? What is the budget allocated to this item and how

is its execution controlled?

23. What measures have been taken to restore to the families evicted from the
Bodega Giol their right to housing and to prevent other evictions?

Article 12

25. What measures does the Government propose in order to halt the recurrence

and spread of diseases such as cholera, tuberculosis, Chagas’ disease and
hepatitis B? :

26. Given the difficult financial situation of many social welfare
institutions and the introduction of the new self-management hospital system,
how does the Government propose to ensure that the public receives
non-discriminatory health care? i

27. How does it propose to guarantee compliance with the law on toxic waste,
and with essential standards of hygiene in connection with health workers?

IV. CONCLUSTON

Given the regressive situation regarding the realization of the rights
protected by the Covenant and the obvious predominande of government policies
which tend to accentuate the lack of protection of broad sectors of the
population and to exclude them from the processes of .management and control of
government action, we sonsider that it is important for the Committee to
express its concern to the Argentine Government and to communicate to it any
recommendations it deems appropriate. In this conne¢tion, we expressly

: E/C.12/1994/NGO/2
: page 11

request the Committee to give consideration to the adoption of specific
follow-up measures including a possible verification and evaluation mission to
Argentina, which would enable the constructive dialogue between the Committee,
the Government and society to be strengthened, with a view to the promotion
and protection of those human rights which are at present curtailed,

Notes 1

i
i/ In 1974, for Greater Buenog Aires, the richest 20 per cent received
39.5 per cent of income, whereas the poorest 20 per ceht received 6.8 per cent
(PRIES-Southern Cone based on INDEC data). :

2/ The recent World Bank report referred to above, shows that the leas in
Value of the real wage has been relatively greater for; the lowest paid

wage-earners, and also for the least skilled. :

3/ The situation cf pensioners and retired person¢ has been made worse by
the cancellation of benefits and exemptions from payment for public utilities
which the Government has now placed in private hands. )The small dividends
obtained from the sale of public enterprises, which originally the Government
had promised to use for social welfare, were never allécated te that sector.

A/ It is important to point out that this law obliges anyone. who does not
expressly state his preference for remaining in the State system to join a
private scheme; furthermore, the percentages set by this law for calculating
pensions encourage younger persons to opt for the private system.

5/ in the report prepared by the Argentine Government for submission to
the International Conference on Population and Development in Cairo in 1994,
in the "National report on population", the terms "reproductive rights" and
"reproductive health" widely accepted in the international community have been
replaced by "responsible reproduction". Through the use of this terminology,
individuals are denied the right to reproduce as they wish and the enjoyment
of their sexuality for purposes other than reproduction).

&/ Seventy per cent of these cases are brought for theft and robbery,
which the experts describe as offences of poverty. Seventy per cent of
adults currently imprisoned have previously been committed to juvenile
institutions. {

' 7/ According to official data, in the shantytowns the average number of
persons per room is 4.8, whereas in the rented rooms of: apartment buildings
and lodging houses the average is 9.6 persons.

8/ At present, there are reported to be 1,550,000 families who occupy
property as illegal tenants. i

3/ Of the 15,000 avoidable infant deaths which occur annually in
Argentina, 70 per cent are in poor families. i

E/C.12/1994/NGO/2
page 12

. 20/ Nevertheless, the Auditor-General has confirmed that in 1983 the
Ministry of Health and Social Welfare left 30 per cent of its budget
allocation unused on account of alleged inefficiency and poor coordination.

i1/ According to a report prepared in 1990 by ‘the Office of the
Secretary of State for Health, in Argentina US$ 15 million is lost annually in
the treatment of diseases which could be prevented through vaccination
campaigns. :

12/ These official statistics (Ministry of Health and Social Welfare)
show that there have been 4,853 cases of AIDS throughout the country from 1983
to July 1994. It is estimated that by the year 2000, there will be some
39,000 AIDS victims and 300,000 HIV-infected persongp.

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John M. Buchanan

Argentina 1995