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: Mauricio Macri was elected president in 2015 in elections generally considered free and fair. The country held legislative elections in October 2017. 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 legislative 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 10 cabinet ministers were women. In December 2017 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; Santa Fe Province approved a similar bill on May 22. The law states that gender is determined by the national identity document, in which persons may register gender of preference regardless of their biological sex. It also states that in the case of resignation, temporary absence, or death of an 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 were also frequent.
On August 1, federal authorities arrested 12 former government officials and business executives on corruption-related charges based on handwritten notebooks in which a former government chauffeur allegedly chronicled cash payments he delivered to the official and private residences of former presidents Nestor Kirchner and Cristina Fernandez de Kirchner as kickbacks for public works contracts from 2008 to 2015. Prosecutors alleged the bribery scheme totaled approximately $160 million. On September 17, a federal court indicted Fernandez de Kirchner for her role in the notebooks corruption scheme. A sitting senator, Fernandez de Kirchner had immunity from arrest but not from prosecution.
Former president Cristina Fernandez de Kirchner and her children faced five other separate financial corruption cases. On September 3, a federal judge confirmed Fernandez de Kirchner and two former government ministers would face oral trial beginning on February 26, 2019, on charges of illicit association and fraudulent administration of public construction contracts. On September 18, a federal judge officially questioned Fernandez de Kirchner on charges of international money laundering. On October 3, a federal judge ordered Fernandez de Kirchner and her children, Maximo and Florencia, to stand oral trial for money laundering and criminal association related to real estate dealings. On October 8, a federal court confirmed on appeal the indictment of Fernandez de Kirchner and her children for money laundering related to hotel properties in a separate case. A federal judge ordered Fernandez de Kirchner and 14 former government officials to stand oral trial on charges of manipulating currency exchange future markets in March 2017; a trial date had not been set at year’s end.
On August 7, former vice president Amado Boudou was sentenced to five years and 10 months in prison on charges of bribery and criminal conduct incompatible with public office. Boudou served as economy minister and then vice president under Cristina Fernandez de Kirchner, and was the highest-level official in her administration to be convicted for corruption. Boudou also faced charges of illicit association and enrichment in a separate judicial case, which was ongoing at year’s end.
On September 25, national deputy and former national planning minister Julio de Vido was arrested and placed in pretrial detention due to corruption charges after the Chamber of Deputies voted to revoke his legislative immunity. On October 10, de Vido was sentenced to five years and eight months’ imprisonment for fraudulent administration, misuse of funds, and lack of oversight, which contributed to a 2012 train accident that killed 52 individuals. The sentence was under appeal by prosecutors seeking a harsher conviction.
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.
On July 7, the Anti-Corruption Office reported that approximately 10 percent of all national public officials failed to comply with financial disclosure and transparency laws in 2016.
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.
On October 17, a criminal court in Entre Rios Province sentenced Sebastian Wagner to life imprisonment for the April 2017 kidnapping, rape, and killing of Micaela Garcia. Nestor Pavon, Wagner’s former employer, was sentenced to five years’ imprisonment for serving as a material accessory to the crime. 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, who had been under investigation and faced calls to resign, was cleared of charges of judicial impropriety on July 30 and reinstated.
The National Register of Femicides, maintained by the Supreme Court’s Women’s Office, recorded that 251 women died as a result of domestic or gender-based violence during 2017. A local NGO reported 101 femicides from January to May 31. The same source reported 18 percent of these victims had filed a police report and that 10 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 3,400 cases of domestic violence in the city of Buenos Aires during the first three months of the year, an estimated 76 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. Nine shelters were fully operational during the year, with one other shelter under construction. More than 2,800 officials and service providers received training in preventing gender-based violence.
On July 4, the National Congress passed legislation to provide financial reparations to children nationwide whose mothers were victims of femicide. The law came into effect on October 1, and children up to 21 years of age are eligible to apply for the financial benefit, which totaled approximately 11,400 pesos ($300) monthly. The city of Buenos Aires passed an equivalent law in August 2017 and launched the reparations program in January.
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 2017 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.
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 gender issues 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 30 percent of the complaints it received involved children as of the first trimester of the year. The government launched a 24/7 hotline staffed by professional child psychologists for free consultations and advice; 81 percent of the complaints involved 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.
On March 21, a young player with the soccer club Independiente FC revealed to his psychologist that he and 20 other trainees in the soccer minor league were victims of a prostitution ring. On April 2, a civil society organization filed a judicial complaint against River Plate FC for child sex abuse in the club from 2008 to 2011. Seven individuals were detained in relation to the two investigations. Both cases were ongoing at year’s end.
On September 6, police raided the headquarters of the Antonio Provolo Institute for the hearing impaired in the city of La Plata after seven victims accused three clergymen of sexually abusing up to 28 deaf children from 1982 to 2002. The case remained ongoing at year’s end.
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.
On June 20, local authorities and Interpol dismantled an international network of child pornography that produced and distributed illicit material from the country to other countries in Latin America. Four arrests were made during the operation, and investigations were ongoing at year’s end.
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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
The Jewish community consisted of approximately 250,000 persons. Sporadic acts of anti-Semitic discrimination and vandalism continued. According to the most recent statistics available, the Delegation of Argentine Jewish Associations received 404 complaints of anti-Semitism in 2017, compared with 351 in 2016, with more than 88 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.
On September 27, President Macri in his address to the UN General Assembly called on all countries to respect the Interpol 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. He also requested improved judicial and investigatory cooperation from Iran.
On March 6, a federal court ruled that former president Cristina Fernandez de Kirchner and 11 other officials in her administration, including former foreign minister Hector Timmerman, should face trial for complicity and false testimony to cover up the 1994 AMIA bombing.
On June 1, a federal court ruled that the 2015 death of Alberto Nisman, the special prosecutor in charge of the AMIA bombing investigation, was a homicide and a direct consequence of his work. The federal judge named former Nisman employee Diego Lagomarsino as a suspect in the murder.
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 only 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 percent.
Congress proposed and passed a budget cut to the National Disability Agency, which provides a range of services and subsidies for disabled persons.
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.
The lack of trained teachers hampered government efforts to offer bilingual education opportunities to indigenous peoples.
Indigenous people were not fully consulted in the management of their lands or natural resources, particularly lithium mining, 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.
On July 16 and 17, indigenous Mapuche activists occupied an inactive hotel, staged a sit-in at a government office, and blocked a major roadway in the city of Bariloche. Protesters advocated for the release of Facundo Jones Huala, founder of the militant Mapuche Ancestral Resistance. On August 24, the Supreme Court approved the extradition of Jones Huala to Chile, where he faced terrorism charges.
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 update their name and gender marker on identity documents to reflect their gender identity without prior approval from a doctor or judge.
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.
On May 18, the National Observatory of Hate Crimes registered 103 official complaints of discriminatory or violent acts against LGBTI individuals in 2017, the most recent year for which data was available, compared with only 31 complaints in 2016. These complaints included 13 hate-crime-related homicides. The transgender population made up 58 percent of reported cases and 90 percent of reported homicides of LGBTI persons.
On June 18, a criminal court sentenced Gabriel David Marino to life imprisonment for the killing of influential LGBTI activist Diana Sacayan in 2015. The ruling was the first to apply aggravated penalties for a hate crime based on gender identity. Sacayan’s case remained open, as a second unknown assailant, believed by law enforcement to have acted as an accomplice, was still at large.