A/HRC/42/59/Add.2
One of the most important changes would lie in the transformation of the discriminatory
views that still influence perceptions of people of African descent.
44.
In 2018, the Pan American Health Organization launched a health plan for the youth
of African descent in Argentina. The plan is the result of efforts to create spaces for
dialogue that promote and facilitate social participation in actions related to the health and
well-being of the different ethnic groups that coexist in the Americas. While the Working
Group welcomes the universal health-care system in Argentina, it was informed that some
people of African descent faced racial discrimination in accessing services. The Working
Group was also concerned at the reluctance of migrants of African descent to access healthcare centres and hospitals because of their non-regularized status in Argentina.
45.
In Santiago del Estero province, Afro-Argentines are reported to be living in
appalling conditions because of extreme poverty. The Working Group also learned that
budgetary allocations for housing had declined, thus affecting Afro-Argentines living there.
The Working Group was informed that there was no specific provision for or focus on
people of African descent in the housing policy and programmes of the province and that
Afro-Argentines in San Felix were living in overcrowded houses.
C.
Multiple forms of discrimination
46.
The Working Group learned that people of African descent in Argentina often faced
inequalities and multiple forms of discrimination on the grounds of their race, colour,
gender, sexual orientation and religious beliefs. Afro-Argentine women, women of African
descent and African women lived in very poor conditions and felt excluded from society.
The Working Group was also informed of the high number of adolescent mothers who are
forced to leave school in order to look after their children. Women of African descent
experience additional human rights concerns that relate to their job opportunities and the
risk of being harassed and a victim of violence. Domestic workers, who are predominantly
women, are invisible and subjected to long hours of work with no safeguards against abuse.
47.
In that context, the Working Group acknowledges the adoption of Law No. 26.485
of 2009 on violence against women and Law No. 4.355 instituting the Day of the Afro
Woman on 25 July in Buenos Aires. The Working Group also noted the “Spotlight
initiative” of the United Nations in Argentina, which contributes to efforts to reduce
violence against women and girls, and the work of the National Institute against
Discrimination, Xenophobia and Racism, in conjunction with other agencies, to address the
multiple forms of discrimination faced by women of African descent.
48.
At the same time, the national law against discrimination is antiquated and needs to
be reformed. The Working Group recommends that it include the criminalization of
discriminatory acts based on sexual orientation and gender identity and reverse the burden
of proof in support of the victims. The definition of racial discrimination should conform to
international standards. It is recommended that special attention be paid to the needs and
interests of groups that suffer multiple forms of discrimination and specific policies
implemented, including production and dissemination of data and statistics on the situation
of those groups, promotion of their participation in decision-making spaces and full access
to their rights.
V. Conclusions and recommendations
A.
Conclusions
49.
The Working Group recognizes the various concrete steps that have been taken
by the authorities in recent years to recognize, as a matter of policy, the historical and
contemporary human rights situation of Afro-Argentines. Several initiatives aimed at
enhancing recognition, justice and development have been envisaged under the new
action plan based on the International Decade for People of African Descent. The
Working Group notes that the Secretariat of Human Rights and Cultural Pluralism
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