E/CN.4/2004/3/Add.3
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IV. POSITIVE ASPECTS
26.
Argentina’s commitment to human rights in its foreign policy, which has been
characterized by its cooperation with international organizations, has become more marked since
the Government of President Kirchner took office. Key posts in the new administration are held
by former officials of both the universal and inter-American human rights systems. Guidelines
have been laid down for compliance with the recommendations of the international bodies of
both systems, which refer above all to the continuing problem of impunity in Argentina and to a
number of other aspects such as institutional reform. As far as individual cases are concerned,
the Government’s policy has been to favour friendly settlements when there is clear evidence of
human rights violations. The Government is also complying with the recommendation contained
in the Vienna Declaration and Programme of Action adopted by the World Conference on
Human Rights in 1993 to prepare, with the assistance of civil society, a national plan of action in
the field of human rights.
27.
Argentina had been visited by several special rapporteurs of the Commission on Human
Rights before the visit by this Working Group. It has deposited the instrument of ratification for
the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes
against Humanity and is moving towards ratification of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. A human
rights group has been set up within the Southern Common Market (MERCOSUR); the group
reports to the ministries of justice. The Government, through the Office of the Secretary for
Human Rights of the Ministry of Justice, not only gave the Working Group a copy of its own
report but also made available to it reports by non-governmental human rights organizations.
This was the first time the Working Group had received from a government reports of this kind
from NGOs. This demonstrates that the Government takes NGOs seriously and is looking into a
number of alternative approaches to problems entailing State responsibility.
28.
Some long-standing obstacles to efforts to combat impunity have been removed. The
executive decree under which requests for extradition were automatically rejected in cases of
serious and flagrant violations of human rights committed between 1976 and 1983 has been
repealed; and Congress has adopted a law declaring the Punto Final Act (No. 23.492) and the
Due Obedience Act (No. 23.521) irrevocably null and void. The repeal of these laws has paved
the way for the prosecution of perpetrators of serious human rights violations during the military
dictatorship. Although legal action has been taken to have the new provisions declared
unconstitutional, the lower courts have opened a significant number of cases in which serious
human rights violations committed during the dictatorship are being investigated. This progress
against impunity now makes it easier to combat more effectively human rights violations
committed by State agents.
29.
The Government is also making efforts to decriminalize social protest. To this end, it has
set up a commission of eminent jurists to propose solutions at the institutional level in order to
reconcile the rights of third parties with the exercise of freedom of expression and the freedom to
demonstrate and thus avoid criminalizing protesters’ demands. No one has been detained on
these grounds lately and work is under way on a bill to reform article 194 of the Criminal Code
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