Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Argentina (Ratification: 2000)

Legal personality. The Committee notes that, as of August 2008, 230 communities from around the country were registered in the National Register of Indigenous Communities. The Government reports that, under agreements signed with the provinces of Jujuy and Río Negro, 199 and 14 communities were registered respectively. Taking into account the national register and the provincial registers, approximately 550 communities are registered, although an exact figure cannot be given as there could be duplicate registrations or registrations under different forms of associations. Approximately 60 communities from around the country are in the process of being registered. The Committee also notes that, in the context of the agreement signed with the province of Salta on 9 August 2007 (National Institute of Indigenous Affairs (INAI) Decision No. 379/2007), two workshops were held in 2008 during which agreement was reached on a work programme for completing the analysis of the situation concerning the registration of the legal personality of indigenous communities in the province. Furthermore, agreement is in the process of being reached on the signing of agreements between the INAI-National Registry of Indigenous Communities and the provinces of Buenos Aires, Catamarca and Córdoba. In its previous comments, the Committee noted the decision regarding the case of Consejo Quompi-Lqataxac Nam Qompi de comunidades tobas – C/provincia del Chaco/acción de amparo, in which the Convention and the Provincial Constitution were relied on to order the province of Chaco to set up a register of indigenous communities and organizations with declaratory effect, and to register the Council concerned within five days. The Committee notes that, in connection with that decision, the Chaco Institute for Indigenous Peoples issued Decision No. 277/07, dated 28 August 2007, creating the Register of Communities and Organizations of the Toba, Mocoví and Wichí peoples in the province of Chaco and that registration in that register is declaratory and the communities and organizations are recognized as legal entities under public law. The Committee requests the Government to indicate whether the Consejo Quompi-Lqataxac Nam Qompi de comunidades tobas has already been registered and requests the Government to continue providing information on any developments relating to the registration of indigenous communities.

Application of the Convention and federalism. Further to its previous comments, the Committee notes that the National Human Rights Secretariat is responsible for disseminating information on the rights of indigenous peoples. The Committee requests the Government to provide information on the activities of the above Secretariat aimed at disseminating information on the rights established by the Convention among provincial governments and parliaments. Please also provide information on any legislative measures adopted under the participatory powers established by article 75(17) of the national Constitution in order to ensure that the provincial legislation is in conformity with the Convention.

Lands. Mendoza Huarpe community. Further to its previous comments, the Committee notes that the lands of the Huarpe people will be included in the Land Survey Programme for the purposes of regularizing their rights over traditionally occupied lands. The Committee requests the Government to provide information on the progress made in regularizing the lands traditionally occupied by the Huarpe people.

Education. The Committee notes that the Government provides information on the activities relating to education carried out under the Ministry of Education, namely: (i) grants for indigenous pupils at secondary school level; (ii) a support programme for indigenous intercultural education which includes an intercultural tutorial project; (iii) support for indigenous students at the tertiary and university levels; and (iv) documentation, recovery and strengthening of ancestral knowledge in indigenous communities and support for the institutional educational projects of national educational establishments relating to interculturalism. The Committee requests the Government to continue providing information on this matter and hopes that it will take the necessary measures together with the relevant bodies, such as those representing the Indigenous Participation Council (CPI) at the provincial level or the provincial human rights secretariats, so that it is in a position to provide information on the activities carried out in this area by the provincial ministries of education in provinces with an indigenous presence.