Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were no reports that the government or its agents committed arbitrary or unlawful killings.
The Committee against Torture of the Buenos Aires Provincial Memory Commission reported 109 deaths in 2016 due to unwarranted or excessive force by police in the metropolitan area of Buenos Aires. A credible domestic NGO reported there were 241 deaths in 2016 as a result of unwarranted or excessive force by police in the country.
On September 4, authorities detained and questioned approximately 30 police officers and five civilians in the death of Franco Casco in 2014. Casco’s body was found in the Parana River two weeks after he was allegedly last seen in police custody. According to federal prosecutors, there was evidence that authorities tampered with the official autopsy to hide signs of violence, presumably sustained during interrogation, and did not register Casco’s original detention in police reports.
On November 24, an official autopsy of activist Santiago Maldonado stated that he died of drowning and hypothermia, and that his body showed no signs of mistreatment. Maldonado was allegedly last seen on August 1 being taken into custody by the Gendarmerie, a federal security force. He had been protesting alongside members of the Mapuche indigenous community in Chubut Province who claimed the area as an ancestral birthright. Several NGOs alleged Maldonado was forcibly disappeared by state security forces, and international rights bodies had expressed concern over the missing activist and the slowness of the government investigation, while the government stated the investigation had been slowed by lack of cooperation by the Mapuche community. On August 22, the Inter-American Commission on Human Rights (IACHR) had granted precautionary measures to protect Maldonado’s rights.
Authorities continued to investigate and prosecute individuals implicated in disappearances, killings, and torture committed during the 1976-83 military dictatorship and the 1974-76 government of Isabel Peron. On September 15, Tucuman’s federal court sentenced four former police officers and two former army officials to life imprisonment for their participation in the 1975-76 Independence Operation, which resulted in 16 killings, 133 disappearances, and 144 kidnappings. The court acquitted seven police and army officer defendants, while four others received prison sentences ranging from four to 18 years. On February 17, authorities arrested former Kirchner army chief Cesar Milani for crimes allegedly committed during the military dictatorship. On September 17, a judge also ordered him to stand trial for illegal enrichment during his 2012-15 term as army chief. On May 3, the Supreme Court ruled in favor of a reduced sentence for Luis Muina, convicted in 2013 for murder, torture, and kidnapping during the military dictatorship, counting as double the time Muina served in prison before conviction. The decision to count double time for his pretrial confinement through the retroactive application of a controversial 1994-2001 “2×1” law that had not previously been applied to human rights crimes sparked public outcry, with activists claiming the law would effectively release human rights abusers early and set a dangerous precedent for appeals by others convicted of abuses. On May 12, President Macri signed into law a congressional initiative that prevents the application of the “2×1” sentencing benefit to crimes against humanity.
Judicial authorities continued to investigate cases of kidnapping and illegal adoption of children born to detained dissidents by members of the former military dictatorship. On August 16 and October 26, the NGO Abuelas de la Plaza de Mayo reported that the 124th and 125th missing grandchildren of the estimated 500 persons born to detained and missing dissidents during the dictatorship and illegally adopted by former military officials had been identified and made aware of their backgrounds.
The Argentine Forensic Anthropology Team continued to provide technical support and assistance in the identification of remains of victims of the military junta.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits torture and other cruel, inhuman, or degrading treatment or punishment and provides penalties for torture similar to those for homicide. NGOs, the Center for Legal and Social Studies (CELS), the Prosecutor General’s Office, the National Penitentiary Prosecutor’s Office (an independent government body that monitors prison conditions), and the Buenos Aires Provincial Memory Commission’s Committee against Torture (an autonomous office established by the provincial government) reported complaints of torture perpetrated by provincial and federal prison officials.
No unified registration system to record acts and victims of torture existed at the federal level. An UN Committee against Torture review in April expressed concern about excessive and arbitrary use of force by police, prison overcrowding, and related institutional violence including torture, uneven implementation of torture prevention laws between provinces, the politicization and unclear mandates of various torture prevention institutions, and the lack of an ombudsman against torture since 2008. According to the Secretariat of Human Rights, from January 2016 to March 2017, the country’s special prosecutor for institutional violence received 436 cases of institutional violence for different crimes allegedly committed by members of security forces in discharge of their duty or against persons deprived of their liberty. As of April, 87 cases were investigated and 25 were prosecuted.
The Buenos Aires Provincial Criminal Court of Cassation’s Office of Public Defenders reported that in 2016, the most recent data available, there were 673 complaints of torture and mistreatment by law enforcement officers during arrest or institutional confinement.
Prison and Detention Center Conditions
Prison conditions often were harsh due to overcrowding, poor medical care, and unsanitary conditions. Particularly in the province of Buenos Aires, which held more than half the country’s total prison population, there were reports of forced transfers and the recurrent use of solitary confinement as a method of punishment.
Physical Conditions: While prison capacity in federal penitentiaries was marginally adequate, prison overcrowding remained a problem. Prisoners in Buenos Aires provincial penitentiaries and police holding facilities exceeded facility capacity by an estimated 894 percent, according to CELS and the Committee against Torture of the Buenos Aires Provincial Memory Commission. NGOs reported a record number of approximately 40,000 detainees in Buenos Aires Province, an increase of 30 percent during the last five years. Many pretrial detainees were held with convicted prisoners.
Inmates in many facilities suffered from overcrowding; poor nutrition; inadequate medical and psychological treatment; inadequate sanitation, heating, ventilation, and light; limited family visits; and frequent degrading treatment, according to reports by human rights organizations and research centers.
Overcrowding in juvenile facilities often resulted in minors being held in police station facilities, although some NGOs and the national prison ombudsman noted the law prohibited doing so.
Women’s prisons were generally less violent, dangerous, and crowded than men’s prisons. Pregnant prisoners were exempted from work and rigorous physical exercise and were transferred to the penitentiary clinic prior to their delivery date. Children born to women in prison may remain in a special area of the prison with the mother until the age of four and receive daycare.
According to the Penitentiary Prosecutors Office, 343 cases of torture and mistreatment were registered in the Federal Penitentiary Service during the first semester of the year; however, only 120 complaints resulted in criminal investigations.
The Federal Penitentiary Service reported 21 inmate deaths in federal prisons, 10 of which were violent with most in the Ezeiza Federal Prison in Buenos Aires Province. The Committee of Torture of the Buenos Aires Provincial Memory Commission stated that 156 prisoners died in the province of Buenos Aires as of November, 111 from health problems and lack of medical attention.
On March 2, seven detainees died when a fire broke out in Police Station No. 1 in Pergamino, Buenos Aires Province. Authorities arrested five police officers following the fire, while the police chief evaded arrest. On March 9, the IACHR expressed concern about the detention conditions in Pergamino and other police stations, designed to serve only as temporary holding facilities, and NGOs highlighted the lack of basic services and infrastructure in such facilities.
Administration: Authorities permitted prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of credible allegations of inhuman conditions. Local NGOs noted, however, that access to a public defender was sometimes limited and that prisoners occasionally did not submit complaints to authorities due to fear of reprisal.
Independent Monitoring: The government usually permitted monitoring by independent local and international human rights observers.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these requirements.
ROLE OF THE POLICE AND SECURITY APPARATUS
The federal police generally have jurisdiction for maintaining law and order in the federal capital and for federal crimes in the provinces. Other federal police authorities include the airport security police, the Gendarmerie, the Coast Guard, and the Bureau of Prisons. All federal police forces fall under the authority of the Ministry of Security. Each province, including the city of Buenos Aires, also has its own police force that responds to a provincial (or municipal) security ministry or secretariat. Individual forces varied considerably in their effectiveness and respect for human rights. The armed forces fall under the Ministry of Defense and by law do not participate in internal security. Through executive decree the government sought to expand the scope of the armed forces to provide logistics support and surveillance of national borders. The federal security forces have authority to conduct internal investigations into alleged abuses and to dismiss individuals who allegedly committed a human rights violation.
The federal government can file complaints about alleged abuses with the federal courts, and provincial governments can do the same for provincial security forces. Members of security forces convicted of a crime were subject to stiff penalties. Authorities generally administratively suspended officers accused of wrongdoing until their investigations were completed. While authorities investigated and in some cases detained, prosecuted, and convicted the officers involved, impunity at the federal and provincial level remained a problem.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Police generally apprehended individuals openly with warrants based on sufficient evidence and issued by a duly authorized official. Police may detain suspects for up to 10 hours without an arrest warrant if authorities have a well founded belief they have committed or are about to commit a crime or police are unable to determine the suspect’s identity. Human rights groups reported that police occasionally arrested persons arbitrarily and detained suspects longer than 10 hours.
The law provides detainees with the right to a prompt determination of the legality of their detention by a lower criminal court judge, who determines whether to proceed with an investigation. In some cases there were delays in this process and in informing detainees of the charges against them.
The law provides for the right to bail except in cases involving flight risk or risk of subornation of justice.
Authorities allowed detainees prompt access to counsel and provided public defenders if they were unable to afford counsel. In some cases such access was delayed due to an overburdened system.
Arbitrary Arrest: Police on occasion arrested and detained citizens arbitrarily.
Pretrial Detention: The law provides for investigative detention of up to two years for indicted persons awaiting or undergoing trial; the period may be extended by one year in limited circumstances. The slow pace of the justice system often resulted in lengthy detentions beyond the period stipulated by law. The National Penitentiary Prosecutors Office reported that 60 percent of prisoners were awaiting trial during the first six months of the year.
On September 30, an appeals court overturned the August 16 decision granting Tupac Amaru social activist Milagro Sala house arrest. She returned to prison on October 14. In December 2016 a judge convicted her for aggravated material damages and civil disturbance, but despite a three-year suspended sentence Sala remained in detention following her arrest in January 2016 during a protest against provincial government’s reforms to social spending. Authorities initially charged Sala with sedition, then dropped that and brought new charges of assault, fraud, and embezzlement of public funds. On May 18, the UN Working Group on Arbitrary Detention reaffirmed its October 2016 opinion that Sala’s continued detention was arbitrary. On July 28, the IACHR requested the government to find alternative measures for Sala’s imprisonment. On November 3, the IACHR asked the Inter-American Court to intervene in Sala’s case. She faced further charges for financial crimes.
e. Denial of Fair Public Trial
While the constitution and law provide for an independent judiciary, the government did not always respect judicial independence and impartiality. According to local NGOs, judges in some federal criminal and ordinary courts were subject at times to political manipulation. NGOs also criticized all three branches of the government for use of inappropriate procedures for selecting judges and for manipulating the assignment of judges to specific cases. The judiciary continued to investigate a number of these alleged irregularities.
A law enacted in June 2015 allowed the Magistrates’ Council to designate “substitute judges” from congressionally approved lists of judges, attorneys, and court secretaries, circumventing the normal qualifying and order of merit criteria reserved for permanent appointments. Media reported that the government selected substitute judges sympathetic to its interests. In November 2015 the Supreme Court ruled the law providing for the appointment of substitute judges was unconstitutional. Nonetheless, the civil society organization Fores reported that almost 25 percent of judges remained “substitute” or temporary judges.
The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.
In federal and provincial courts, all defendants enjoy a presumption of innocence and have the right to legal counsel and free assistance of an interpreter, to remain silent, to call defense witnesses, and to appeal. If needed, a public defender is provided at public expense when defendants face serious criminal charges. During the investigative stage, defendants can submit questions in writing. A panel of judges decides guilt or innocence. Defendants can present witnesses and provide expert witness reports, in addition to the defendant’s own evidence. Defendants have the right to be present at their hearings, and there is no trial in absentia.
Lengthy delays, procedural logjams, long gaps in the appointment of permanent judges, inadequate administrative support, and general inefficiency hampered the judicial system. Judges’ broad discretion on whether and how to pursue investigations contributed to a public perception that many decisions were arbitrary.
Federal and provincial courts continued the transition to trials with oral arguments in criminal cases, replacing the old system of written submissions. Cordoba, Neuquen, Salta, Chaco, and Buenos Aires Provinces provide defendants accused of certain serious crimes the right to a trial by jury. Full implementation of trial by jury procedures was pending in Chaco.
In 2014 congress enacted supplementary legislation implementing a new code of criminal procedure. The law transforms the country’s hybrid federal inquisitive system into a full accusatory system, with expanded prosecution under the authority of the attorney general and trial by jury. The new criminal code imposes time limitations on prosecutions (most cases under the new system must be disposed of in three years), expands victims’ rights, and provides for expedited deportations of foreigners in lieu of prosecution. The code also creates direct interaction between security forces and prosecutors, who will assume prosecutorial responsibilities exercised by investigating magistrates during the year. As of October the provinces of Salta and Tierra del Fuego implemented the new code.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Citizens have access to the courts to bring lawsuits seeking damages or the protection of rights provided by the constitution.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions. In July 2016 the National Administration for Social Security (ANSES) and the Secretariat of Public Communications under the Chief of Staff’s Office officially announced an interagency information-sharing agreement. The agreement would make the ANSES database of citizen personal information available to facilitate government public-service communications to the population. A group of citizens, including some opposition legislators, filed a criminal complaint alleging the practice constituted a violation of the right to privacy. The case remained on appeal.
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: The country held legislative elections on October 22. Voters elected more than one-half of the members of the Chamber of Deputies, representing all of the provinces and the city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces. Local and international observers considered the elections generally free and fair.
Participation of Women and Minorities: No laws limit participation of women and minorities in the political process, and they did participate. Local NGOs pointed to a lack of female representation at higher ranks, particularly in the executive and legislative branches. Two of 22 cabinet ministers were women. On December 15, a Gender Parity Law came into force, requiring any electoral list of candidates for national legislative office to contain equal percentages of male and female candidates. In 2016 the provinces of Buenos Aires, Salta, Chubut, and Neuquen enacted Gender Parity laws pertaining to candidates for provincial and municipal bodies; as of July, one was pending approval in Santa Fe Province. The law states that gender is determined by the national identity document, in which a person may register gender of preference regardless of their biological sex. It also states that in the case of resignation, temporary absence, or death of elected official, the replacement must be the same gender.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials; nonetheless, multiple reports alleged that executive, legislative, and judicial officials engaged in corrupt practices with impunity, suggesting a failure to implement the law effectively. Weak institutions and an often ineffective and politicized judicial system undermined systematic attempts to curb corruption.
Corruption: Cases of corruption occurred in some security forces. The most frequent abuses included extortion of, and protection for, those involved in drug trafficking, human trafficking, money laundering, and the promotion of prostitution. Allegations of corruption in provincial as well as in federal courts remained frequent.
From December 2015 until July, the security ministry of the Buenos Aires Province removed thousands of law enforcement agents for criminal ties and corruption concerns. According to press releases, authorities fired 3,100 of the 5,655 officials due to evidence of corruption. The security ministry filed formal charges in 80 cases, seven of which were connected to money laundering.
Former president Cristina Fernandez de Kirchner or her children faced four separate financial corruption cases. On March 23, a federal judge ordered Fernandez de Kirchner and 14 former government officials to stand trial in May on charges of manipulating currency exchange future markets. On April 4, a federal court charged her, as well as her children Maximo and Florencia, with money laundering and criminal association related to real estate dealings; on September 12, a federal judge froze her children’s assets, alleging that Fernandez de Kirchner had passed control of her real estate and other financial holdings to them to shelter them from the court investigations. On August 25, a federal judge cited Fernandez de Kirchner as an interested party in another alleged money laundering case. On September 14, a federal court ruled to accelerate the processing of a December 2016 indictment of Fernandez de Kirchner and two former government ministers on charges of illicit association and fraudulent administration of public construction contracts.
On September 28, a federal judge sent former Kirchner administration secretary for public works Jose Lopez to trial for corruption and unjust enrichment. In June 2016 police observed and videotaped Lopez hiding approximately nine million dollars in cash and luxury watches inside a remote convent in Buenos Aires Province. The Office of Anti-Corruption participated in the prosecution and continued to review infrastructure contracts Lopez supervised while in office from 2002 to 2015.
On October 3, hearings began in the trial against former vice president Amado Boudou, whom authorities indicted in 2014 on charges of illicit enrichment, forgery, and other lesser offenses.
Financial Disclosure: Public officials are subject to financial disclosure laws, and the Ministry of Justice and Human Rights’ anticorruption office is responsible for analyzing and investigating federal executive branch officials, based on their financial disclosure forms. The law provides for public disclosure, but not all agencies complied, and enforcement remained a problem. The anticorruption office is also responsible for investigating corruption within the federal executive branch and in matters involving federal funds, except for funds transferred to the provinces. As part of the executive branch, the office does not have authority to prosecute cases independently, but it can refer cases to other agencies or serve as the plaintiff and request a judge to initiate a case.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials usually were cooperative and generally responsive to their views.
Government Human Rights Bodies: The government has a human rights secretariat within the Ministry of Justice and Human Rights. Its main objective is to coordinate within the ministry and collaborate with other ministries and the judiciary to promote policies, plans, and programs for the protection of human rights. During the year it published leaflets and books on a range of human rights topics. The post of national ombudsman has been vacant since 2009, which NGOs claimed undermined the office’s mandate to protect human rights.
The prosecutor general’s Office of Crimes against Humanity investigated and documented human rights violations that occurred under the 1976-83 military dictatorship.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape of men and women, including spousal rape, is a crime. The penalties range from six months’ to 20 years’ imprisonment. There were anecdotal reports of police or judicial reluctance to act on rape cases; women’s rights advocates claimed that the attitudes of police, hospitals, and courts toward survivors of sexual violence sometimes victimized them again.
The law prohibits domestic violence, including spousal abuse. Survivors may secure protective measures. The law imposes stricter penalties on those who kill their spouses, partners, or children as a consequence of their gender. According to local NGOs, lack of police and judicial vigilance often led to a lack of protection for victims.
In September hearings began in the April kidnapping, rape, and femicide of Micaela Garcia in Entre Rios Province. Sebastian Wagner, who confessed to Garcia’s killing, was previously convicted and sentenced to nine years’ imprisonment on two counts of sexual abuse and rape but was released on parole in 2016. The judge who approved Wagner’s parole release was under investigation and faced calls to resign as of year’s end.
The National Register of Femicides, maintained by the Supreme Court’s Women’s Office, recorded that 230 women died as a result of domestic or gender-based violence during 2016. Media reported one femicide per day during the month of April. A local NGO reported 245 femicides from January to November 14, an increase from the previous year. The same source reported 18 percent of these victims had filed a police report and that 12 percent had active protection orders from authorities.
The Supreme Court’s Office of Domestic Violence provided around-the-clock protection and resources to victims of domestic violence. The office received approximately 2,590 cases of domestic violence in the city of Buenos Aires during the first three months of the year, an estimated 60 percent of which involved violence against women. The office also carried out risk assessments necessary to obtain a restraining order.
Public and private institutions offered prevention programs and provided support and treatment for abused women.
During the first six months of the year, more than 10 shelters were under construction, with a limited number already open and functioning. More than 2,800 officials and service providers received training in preventing gender-based violence.
Sexual Harassment: The law prohibits sexual harassment in the public sector and imposes disciplinary or corrective measures. In some jurisdictions, such as the city of Buenos Aires, sexual harassment might lead to the abuser’s dismissal, whereas in others, such as Santa Fe Province, the maximum penalty is five days in prison. In September a poll by the city of Buenos Aires ombudsman’s office reported that 80 percent of women suffered from harassment or violence in the street at least once during the year, and that 97 percent of these abuses were not reported to authorities. Under a 2016 law against street harassment in the city of Buenos Aires, violators may be fined or given court-ordered public service for making catcalls and other forms of street harassment.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: Although women enjoyed the same legal status and rights as men, they continued to face economic discrimination and held a disproportionately high number of lower-paying jobs. Women also held significantly fewer executive positions in the private sector than men, according to several studies. Although equal payment for equal work is constitutionally mandated, women earned approximately 27 percent less than men earned for similar or equal work.
The Supreme Court’s Office of Women trained judges, secretaries, and clerks to handle court cases related to women’s problems and to ensure equal access for women to positions in the court system. The office also trained judges, prosecutors, judicial staff, and law enforcement agents to increase awareness of gender-related crimes and develop techniques to address gender-related cases and victims.
Birth Registration: The government provides universal birth registration, and citizenship is derived both by birth within the country’s territory and from one’s parents. Parents have 40 days to register births, and the state has an additional 20 days to do so. The Ministry of Interior and Transportation may issue birth certificates to children under the age of 12 whose births were not previously registered.
Child Abuse: Child abuse was common; the Supreme Court’s Office of Domestic Violence reported that 29 percent of the complaints it received involved children as of September. The government launched a 24/7 hotline staffed by professional child psychologists for free consultations and advice. The hotline received 1,487 calls to report child abuse from November 2016 to February, with 80 percent of the complaints involving abuse by a father or stepfather.
Early and Forced Marriage: The legal minimum age of marriage for men and women is 18.
Sexual Exploitation of Children: Sexual exploitation of children, including in prostitution, was a problem. The minimum age of consensual sex is 13, but there are heightened protections for persons ages 13 to 16. A statutory rape law provides for penalties ranging from six months to 20 years in prison, depending on the age of the victim and other factors.
Several prominent cases of child sexual abuse were reported during the year. In May police arrested a nun and charged her with helping priests sexually abuse children at the Antonio Provolo Institute for the hearing impaired in Mendoza Province from 2004 to 2012.
The law prohibits the production and distribution of child pornography, with penalties ranging from six months to four years in prison. While the law does not prohibit the possession of child pornography by individuals for personal use, it provides penalties ranging from four months to two years in prison for possession of child pornography with the intent to distribute it. The law also provides penalties ranging from one month to three years in prison for facilitating access to pornographic shows or materials for minors under the age of 14.
During the year prosecutors from the nationwide Point of Contact Network against Child Pornography on the Internet pursued cases of internet child pornography. The network reported improvements on the national level in the ability to punish offenders.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
The Jewish community consists of approximately 250,000 persons. Sporadic acts of anti-Semitic discrimination and vandalism continued. The Delegation of Argentine Jewish Associations received 351 complaints of anti-Semitism in 2016, with more than 60 percent occurring online. The most commonly reported anti-Semitic incidents were slurs posted on various websites, graffiti, verbal slurs, and the desecration of Jewish cemeteries.
In October, Interpol renewed Red Notices on five Iranians, one Lebanese, and one Colombian suspected in the 1994 bombing of the Argentina Israelite Mutual Association (AMIA) community center in Buenos Aires that killed 85 persons.
On September 20, the Gendarmerie concluded forensically that the death of Alberto Nisman, the special prosecutor in charge of the AMIA bombing investigation, was a homicide. Previous analyses had maintained that there was insufficient evidence to prove foul play. The investigation continued without conclusion as to the motive for his death. In 2015 Nisman was found dead in his apartment from a gunshot wound to the head. Nisman was scheduled to testify the next day before a congressional committee concerning his allegations that then president Kirchner and associates conspired to convey impunity to the Iranians suspected of planning and executing the AMIA bombing.
Hearings in the AMIA bombing cover-up trial, which accused former government and law enforcement officials and a leader of the country’s Jewish community of complicity and false testimony to cover up the 1994 AMIA bombing, continued during the year.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law also mandates access to buildings by persons with disabilities. According to media reports, the ombudsman of the city of Buenos Aires reported that 33 percent of the metropolitan subway stations had elevators or escalators and that only 29 percent of the stations were equipped with bathrooms for persons with disabilities.
While the federal government has protective laws, many provinces had not adopted such laws and had no mechanisms to ensure enforcement. An employment quota law reserves 4 percent of federal government jobs for persons with disabilities, but NGOs and advocacy groups claimed the level of disability employment achieved during the year was less than 1 per cent.
The constitution recognizes the ethnic and cultural identities of indigenous peoples and states that congress shall protect their right to bilingual education, recognize their communities and the communal ownership of their ancestral lands, and allow for their participation in the management of their natural resources.
Indigenous people did not fully participate in the management of their lands or natural resources, in part because responsibility for implementing the law is delegated to the 23 provinces, the constitutions of only 11 of which recognize indigenous rights.
Projects carried out by the agricultural and extractive industries displaced individuals, limited their access to traditional means of livelihood, reduced the area of lands on which they depended, and caused pollution that in some cases endangered the health and welfare of indigenous communities. Conflict occurred when authorities evicted indigenous peoples from ancestral lands then in private ownership. The disappearance of indigenous rights supporter Santiago Maldonado (see section 1.b.) renewed attention to the land demands of indigenous communities.
The lack of trained teachers hampered government efforts to offer bilingual education opportunities to indigenous peoples.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons generally enjoyed the same legal rights and protections as heterosexual persons. No laws criminalize consensual same-sex conduct between adults. LGBTI persons could serve openly in the military.
The law gives transgender persons the right legally to change their gender and name on identity documents without prior approval from a doctor or judge. It also requires public and private health-care plans to cover some parts of hormone therapy and gender reassignment surgery, although the Ministry of Health did not effectively enforce this requirement.
National antidiscrimination laws do not specifically include the terms “sexual orientation or gender identity” as protected grounds, only “sex.” There was no official discrimination, however, based on sexual orientation or gender identity in employment, housing, statelessness, or access to education or health care. Media and NGOs reported cases of discrimination, violence, and police brutality toward LGBTI individuals, especially transgender persons.