This report examines the human rights situation of indigenous peoples in Argentina and makes recommendations in this regard on the basis of information the Special Rapporteur received during his visit to the country from 27 November to 7 December 2011.
The Government of Argentina has taken important steps to recognize the rights of indigenous peoples in the country. These include reforms to the Constitution of 1994 relating to indigenous peoples, the adoption of Act No. 26160 establishing a process to help regularize indigenous lands in the country, the ratification of the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the vote in the General Assembly in support of the United Nations Declaration on the Rights of Indigenous Peoples.
A significant gap remains, however, between the established regulatory framework on indigenous issues and its actual implementation. The Government needs to prioritize, and make greater efforts to implement, the human rights of indigenous peoples at both the federal and provincial levels. In particular, the Government should adopt clear public policies and develop additional legislative and administrative measures to promote knowledge of and action on indigenous matters by all branches of government. In this report, the Special Rapporteur focuses in particular on topics related to the recognition and protection of land and natural resources, including: the cadastral survey programme and the extractive and agricultural industries; access to justice, evictions and social protest; and the social and economic situation of indigenous peoples, including their education, health and development.
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