A/HRC/WG.6/1/ARG/4
page 10
international refugee law. In practice, Argentina is applying not only the 1951 Convention relating
to the Status of Refugees but also the Cartagena Declaration on Refugees of 1984, which is much
broader.
36. Regarding the question on the strategy for the processes of the crimes against humanity and
the question of the Netherlands if the situation is manageable, Argentina indicated that without any
doubt this has caused problems, not only of security, as already noted with the disappearance of a
key witness, which is an extremely serious case, but also raises problems of strategy and judicial
management of the processes. There are more than 850 cases pending and 290 persons in preventive
detention, a complex situation given also the number of victims. The response by the State has been
on one hand to reorganize the executive institutions through the Truth and Justice Programme,
which is under the responsibility of the Ministry of Justice, Security and Human Rights. The
Prosecutor has also established its own follow-up unit for these trials and is defining strategies to
address the delays. The Supreme Court has also organized an office to address the same issue.
Argentina also takes note of the suggestions to apply as early as possible the mechanism to prevent
torture and ill-treatment of the Optional Protocol to CAT. Argentina also highlighted the importance
of the human rights training of the security and armed forces and noted that the Secretary for
Human Rights is working together with civil society organizations, and in some cases with
international support.
37. On the issue of witnesses’ protection, Argentina referred to the Truth and Justice Programme,
within the executive branch. This programme has the main responsibility of coordinating the
activities of other programmes, such as the National Plan for the Assistance and Support to
Plaintiffs, the National Programme for the Protection of Witnesses and also a responsibility to
ensure the coordination with the Public Ministry.
38. On the issue of girls, boys and young adolescents, in particular regarding public policies,
Argentina noted that the Comprehensive Child and Adolescent Protection Act was adopted in
September 2005, and it was important in terms of adjusting the legislation to the Convention on the
Rights of the Child. It replaces the paradigm whereby the child was simply a subject of protection
rather than a subject of rights. With regard to the issue of violence against children, the
comprehensive law on the protection of children prohibits physical punishment of children and
includes the obligation of all persons who have knowledge of violence against children to report it
to relevant authorities.
39. On the relation between the national State and the provinces and the autonomous city of
Buenos Aires with regard to the implementation of the international human rights norms, Argentina
indicated that at times there are tensions between the Nation and the provinces. The Nation is
responsible at the international level for human rights violations even if the violation happens at the
provincial level. Another problem that has been raised is the issue of the rights of persons with
determined sexual preferences. The Office of the Secretary for Human Rights has been very active
in this regard, and has even presented amicus curiae to support some cases. The National Plan to
Combat Discrimination also addresses many of these issues.
40. Malaysia welcomed that Argentina made the promotion and protection of decent working
conditions as an additional objective to the United Nations Millennium Development Goals, and
was interested in learning more about policy measures undertaken and progress made thus far in
achieving this additional objective. Malaysia was also impressed by the National Food Security
Plan and stated that it would appreciate elaboration on the Plan, mechanisms involved in its
implementation and the average time frame the beneficiary is covered by the Plan.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents