E/CN.4/2004/3/Add.3
page 6
13.
Federal legislation on human rights and fundamental freedoms appears to be well
developed and sufficiently coordinated. During its visit, the Working Group concluded that the
main shortcomings in the application of human rights lie in the failure of some domestic laws to
comply with international standards and in certain long-standing practices, particularly at the
provincial level.
14.
The Working Group also observed that other factors have a negative effect on the
population’s enjoyment of human rights:
(a)
First, the poverty level has increased considerably as a result of the recession
that has affected Argentina for the past four years and the economic collapse that occurred in
December 2001. The economic crisis at that time was so serious that it threatened to destroy
the social fabric of the country. Today, over 50 per cent of the population is living below the
poverty line; in some provinces, this percentage is as high as 80 per cent. This means that the
impoverished segment of the population cannot afford the basic food basket. Some officials
told the delegation that the average income of the population was 512 pesos a month
(about US$ 150). In 1955, 52 per cent of the population were from the middle class; today
that figure is only 27 per cent;
(b)
In Salta, poverty affects 70 per cent of the population, and in the province of
Buenos Aires 60 per cent (over 6 million people). There are at least 10 million destitute people
in the country who subsist on a dollar a day; 23 per cent of the economically active population is
unemployed. Poverty has led to a considerable rise in crime, greater public insecurity and a
series of social protests led by the unemployed; the protests mainly involve the occupation of
public buildings and the blockading of roads. Previous Governments reacted by suppressing
such actions, which led some NGOs that the Working Group met during its visit to refer to the
“criminalization of poverty” and a “policy of zero tolerance” towards public displays of protest
and discontent. The fact that the repressive measures were enforced by persons associated with
the military dictatorship or by methods similar to those employed at that time has increased the
feeling of insecurity and fear among the population, especially in certain provinces;
(c)
Secondly, the federal structure of the State makes it more difficult to bring
domestic legislation into line with the country’s international obligations. Argentina is a federal
State, consisting of the Federal Capital and 23 provinces. Legislative power is divided between
the federation and the provinces:
(i)
The national Constitution gives the provinces the power to legislate in all
matters that fall outside the competence of the federation. This power
extends to laws that affect the freedom of citizens, such as codes of
criminal procedure. Although in substantive matters authority lies with
the federation and there is therefore one criminal code for the whole
country, the same cannot be said of procedural matters. There are
provincial police forces that depend on the government of the respective
province. Provincial legislation has given these forces a number of
powers; for example, they can detain individuals for misdemeanours or
minor offences;