A/HRC/42/59/Add.2 in 2010 that included a question relating to persons of African background, resulting in a source of official statistical data on Afro-Argentines for the first time in more than 100 years. While the 2010 census indicated an Afrodescendent population of 149,493, 7 civil society organizations are of the view that there are up to 2 million people of African descent in Argentina. The census indicated that almost half the population of African descent lived in the province and city of Buenos Aires, followed by the provinces of Entre Ríos, Santa Fe and Córdoba, among others. III. Legal framework and steps taken for the protection of the human rights of people of African descent A. Legal framework 12. Argentina has ratified all the major international human rights treaties (see A/HRC/WG.6/28/ARG/2, annex). 8 Following the constitutional reform, under article 75, paragraph 22, of the revised Constitution of 1994, international human rights instruments have the same rank as all other constitutional provisions and prevail over national and provincial law. 13. In terms of domestic legislation, the Law on Discriminatory Actions (No. 23.592), adopted in 1988, is the main piece of legislation for combating racism and discrimination. It provides the basis for combating different manifestations of discrimination in Argentina. Discriminatory acts or omissions are determined by the Law on the basis of race, religion, nationality, ideology, political or trade union opinion, sex, economic position, social condition or physical characteristics and race is considered an aggravating circumstance to a crime. Law No. 23.592 increases by one third the minimum and by one half the maximum of the penal scale for any crime under the Penal Code or complementary laws, when it is committed as a means of persecution of or hatred for a race, religion or nationality, or with the object of destroying a national, ethnic, racial or religious group in whole or in part. 9 B. Institutional and policy measures 14. The Ministry of Justice and Human Rights is the State agency responsible for promoting public policies designed to protect, establish and guarantee human rights. The Secretariat of Human Rights and Cultural Pluralism and the National Institute against Discrimination, Xenophobia and Racism work within the Ministry to strengthen public policies for combating discrimination in all its forms. Combating discrimination in general and racism in particular is one of the main objectives of the Institute and it undertakes training programmes, workshops, seminars and events in different parts of the country, and disseminates awareness-raising information materials. It receives complaints about discrimination and provides assistance to persons who have suffered it. Complaints are received about all types of discrimination on any basis (including ethnicity, nationality, religion and sex) and in any situation (for example, workplace, education and health care). Assistance to persons who have been discriminated against consists fundamentally of counselling and free legal advice. The Institute is not empowered to punish or act in the role of law enforcement, but rather it is mainly a consultative and advisory agency. Nevertheless it is recognized as a specialized expert, its technical opinion reports are used as determining 7 8 9 The census of 2010 indicated that the concept of Afrodescendant is related to “being a descendant of Africans brought as slaves to Argentina, being an African or a descendant of Africans, having black ancestors, being or considering oneself black or Afro-Argentine, or being Africans in the diaspora, among others”. See Censo Nacional de Población, Hogares y Viviendas 2010. Censo del Bicentenario Resultados Definitivos, serie B, No. 2, Tomo 1, p. 40. Available at http://lib.ohchr.org/HRBodies/UPR/Documents/Session28/AR/ A.HRC.WG.6.28.ARG.2.Annex.docx. See Ley 23.592 – Actos Discriminatorios (1988), available from http://servicios.infoleg.gob.ar/infolegInternet/anexos/20000-24999/20465/texact.htm. 5