A/HRC/42/59/Add.2
custody of Mr. Acosta Martínez. 14 The Working Group is equally concerned about the
death of Massar Ba, a Senegalese human rights defender, in 2016. The questions
surrounding his death remain unanswered and the circumstances of his death demand
clarification. The Working Group understands that the investigation is still ongoing and
would like to continue receiving updates about the case.
32.
The Working Group recognizes the efforts made by Argentina in relation to the
human rights of migrants. The adoption of Migration Law No. 25.871 (2004), which
regulates the country’s migration policies, has been internationally recognized for its strong
human rights approach to migration, integrating foreigners and nationals on an equal
footing, guaranteeing foreigners core rights, including due process of law in all migratory
procedures, and promoting the regularization of irregular migrants as a principle, rather
than making them subject to administrative detention and expulsion measures. Recently the
Minister of Security, the Minister of the Interior and the Director of the National Migration
Directorate have announced the imminent amendment of the Migration Law and its
regulatory decree No. 616/2010 through an emergency decree with a more rigid security
perspective. Following the announcements of the amendment of the Migration Law, more
than 130 migrant organizations, human rights groups, ecclesiastical movements and other
civil society organizations have expressed the concern that this could imply a regression in
the country’s migration policy and have publicly exhorted the Government to maintain the
human rights approach established by the Migration Law.
33.
In 2013, provisions 01/2013 and 02/2013 of the National Migration Directorate
established special regularization norms for Dominican and Senegalese nationals
respectively, whereby autonomous employees duly registered by the Federal
Administration of Public Revenue are taken into consideration. The programme remained
valid for six months, during which temporary residence was requested by 2,200 Dominican
nationals and granted to 2,000 of them. On 31 January 2017, Argentina implemented decree
No. 70/2017 amending Migration Law No. 25.871 (2004), regulatory decree No. 616/2010
and Citizenship Law No. 346 (1879). Among various measures, the decree establishes a
“special express expulsion procedure” and introduces “preventive detention” for migrants,
which applies at any given time of the procedure (previously only applicable in the
execution of a final expulsion). That potentially prepares the groundwork for the
implementation of a migrant detention centre, publicly announced by the Argentine
Ministry of Security and the National Migration Directorate.
34.
The Working Group was informed that the Government was working with civil
society organizations, together with the National Migration Agency and the National
Commission for Refugees regarding a second migratory regularization of the Senegalese
community. However, the Working Group notes with concern that decree No. 70/2017
modified the migration regime with a more restrictive migration policy, which is a concern.
The Committee against Torture and the Committee on the Rights of the Child have
requested Argentina to repeal the decree and the Committee on Economic, Social and
Cultural Rights has expressed its concern about the barriers imposed on migratory
regularization and access to social policies by the migrant population. 15 The decree strictly
regulates the entry into and stay of foreigners in Argentine territory and establishes that the
National Immigration Office may cancel the residence of any immigrant and order their
expulsion if they have been convicted in Argentina or abroad of serious crimes, such as
trafficking of arms, drugs, people or organs, but also for other crimes that may involve
deprivation of liberty, such as street vending or transit infractions. Many African migrants
work mostly in the informal sector, including sidewalk vending, which has exposed them to
harassment by law enforcement agents.
35.
In a situation where the stereotypical portrayal, in Buenos Aires and other cities, of
migrants of African descent as dangerous, taking jobs from local people and responsible for
insecurity in the country, the Working Group was informed of the disproportionate
targeting by the police of street vendors of African descent, most of whom are Senegalese.
14
15
10
See report 36/13, petition 403-02.
See CAT/C/ARG/CO/5-6, CRC/C/ARG/CO/5-6, para. 39, and E/C.12/ARG/CO/4, paras. 26–27.
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