Overall, Argentina has taken a liberal stance when it comes to protecting human rights on the international stage while its position on domestic issues was less consistent. In their previous term on the UN Human Rights Council (2013-2015), under the Kirchner administrations, it voted repeatedly to condemn human rights violations in Syria and North Korea (though it abstained on the issue of Ukraine). Argentina recently finished its term on the UNHRC in 2021. It is an active participant in the Universal Periodic Review (UPR) process in which every country’s human rights record is periodically reviewed by other countries around the world. Argentina made 397 recommendations, of which a third were regarding a country’s need to sign and ratify international treaties concerning human rights. And under the former government of Mauricio Macri, it voted in favor of a resolution aiming to increase pressure on the Venezuelan government. It consistently contributes financially to the IACHR in varying amounts, but under the Kirchners led an effort to gut the Commission.
Below is a breakdown of Argentina’s actions and votes at the various venues we are monitoring. For more information click on each title and summary.
Scoreboard:
Freedom House | |
Freedom Status | Free |
Aggregate Score (100 is perfect freedom and protection of rights) | 85 |
Political Rights (scores out of 40, with 40 being the best) | 35 |
Civil Liberties (scores out of 60, with 60 being the best) | 50 |
Reporters Without Borders | |
World Press Freedom Index (scores out of 100, with 1 being the best) | 28 |
Transparency International | |
Corruption Perception Index (CPI) | 42/100 |
Global Rank | 78/180 |
World Justice Project [1] | |
Rule-of-Law Index | 0.58 |
Regional rank | 12/30 |
Global rank | 48/128 |
UN Human Development Index | |
Human Development Index | 0.845 |
Global rank | 46 |
Americas Quarterly (latest report 2016) | |
Social Inclusion Index | 78.38/100 |
Regional rank | 6/15 |
United Nations System:
United Nations Human Rights Council (UNHRC or Council)
Argentina was most recently on the Council from 2019-2021 and previously served from 2013-2015. It is one of the countries that consistently votes to uphold human rights at the Council on the issue of Syria and North Korea, but has abstained on Ukraine.
UNHRC’s Universal Periodic Review
As part of its mandate to promote human rights around the globe, the UNHRC has instituted a Universal Periodic Review, where, once every four years, each country’s human rights record is examined. Other countries are invited to review the record and make comments and suggestions for improvement. The country under review then acknowledges each comment by either “accepting” the comment, meaning typically that they agree to focus on, or “noting” it, indicating that they disagree and will not be focusing on improvements in this area.
UN NGO Committee
Argentina has not been on the Committee since at least 1993.
Inter-American System:
OAS Permanent Council
Under the former leadership of Secretary General Luis Almagro, the OAS has re-found its focus on promoting democracy around the region. This was shown most clearly in a meeting in June 2016 where Almagro presented his report on the state of democracy in Venezuela and proposed invoking the Inter-American Democratic Charter. In 2020, Carlos Alberto Raimundi became the Ambassador of Argentina to the OAS.
Inter-American Commission for Human Rights (IACHR or Commission)
It consistently contributes financially to the IACHR and its contributions increased under the Macri government. In 2016, special financial contributions made by Argentina and Mexico helped to overcome the financial crisis the Commission was facing. This made Argentina the main donor to the IACHR among the Latin American countries in 2016.
But under the administration of former President Cristina Fernandez de Kirchner and then-foreign minister Hector Timmerman, the government, together with the governments of Ecuador, Bolivia, and Venezuela, led an effort to weaken the Commission. The effort eventually failed in a General Assembly vote.
In 2017, the OAS General Assembly had three open positions out of the seven, to become members of the IACHR. Argentina proposed Carlos Horacio de Casas as a candidate. He is a professor of criminal law at Universidad de Mendoza. Horacio de Casas was not elected.
Electoral Missions
Argentina has not had any OAS missions to monitor their elections. In fact, Argentina only shares this particularity along with Barbados, Canada, Chile, Trinidad & Tobago, and Uruguay.
Freedom of Information Laws
Since 2000 the right to information and freedom of information laws have expanded across the region. However, the existence of the laws on the books does not necessarily mean full enforcement.
Women’s rights:
Protecting women against gender-based violence is a human rights issue often overlooked globally even though it crosses social, economic and national boundaries. And according to the United Nations Population Fund, gender-based violence undermines the health, security, dignity, and autonomy of its victims. In March 2020, 18 Latin American and Caribbean countries passed or amended laws to sanction crimes against women, classifying them as femicides or aggravated homicides due to gender. However, these laws are not uniformly implemented, and practices to convict perpetrators of gender-based violence are still extremely weak. Although Argentina has high rates of femicide, abortion was made legal in 2021 that allows women to get an abortion for any reason. This made Argentina the largest country in South America to make abortion legal.
Indigenous rights:
7.8 percent of the population in Latin America, roughly 41,813,039 people, identify as indigenous, 49 percent of them live in urban areas and 51 percent live in rural areas.
The Labour Organization’s Convention 169 (ILO 169)
The Labour Organization’s Convention 169 (ILO169)—which has the status of an international treaty—establishes the right of indigenous and tribal peoples to be consulted when a policy or project affects their culture or heritage through what is commonly called “previous and informed consent.” The vaguely worded treaty has been a point of contention in some countries, among governments, investors and communities; and progress in implementing it has been uneven. The Convention has been interpreted, in particular, as applying to issues of national resource extraction and infrastructure development that affect communal lands. In Latin America 16 countries have signed ILO 169.
United Nations Declaration on the Rights of Indigenous People’s (UNDRIP)
Adopted by the UN General Assembly in September 2007, all Latin American countries, except Colombia, which abstained, voted in favor of this declaration. The only four countries to initially reject this declaration were the U.S., Canada, Australia and New Zealand. While it is not a legally binding instrument, it is an “important standard” for the treatment of indigenous people. The declaration sets out the collective and individual rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. It prohibits discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development. The end goal is to encourage countries to work alongside indigenous communities to solve global issues, like development, multicultural democracy and decentralization.
American Declaration on the Rights of Indigenous People
In 2016, the General Assembly of the Organization of American States (OAS) approved the American Declaration on the Rights of Indigenous Peoples after a long negotiation of 17 years. The declaration recognizes the collective organization and multicultural character of indigenous peoples, the self-identification of people who consider themselves indigenous and special protection for peoples in voluntary isolation or initial contact. However, the declaration was met with resistance by members of the indigenous community, who complained that they did not have full participation in the negotiations and that the declaration rolled back several rights recognized in UNDRIP. The declaration does not mention the right to previous and informed consultation.
Previous to the declaration, in 1990, the Inter-American Commission on Human Rights (IACHR) had created the Office of the Special Rapporteur on the Rights of Indigenous Peoples to devote attention to Indigenous Peoples in the Americas and to “strengthen, promote, and systemize the IACHR’s own work in this area. The current Rapporteur on the Right of Indigenous Peoples is Francisco José Eguiguren Praeli, Ambassador of Peru to Spain from 2012 to 2014 and Minister of the Office of Justice. He received a law degree from the Pontifical Catholic University of Peru with a master’s degree in Constitutional Law and a PhD in Humanities. Former Rapporteurs include, Rose-Marie Belle Antoine a former IACHR Commissioner and Dinah Shelton an international law consultant for the World Health Organization, the United Nations Environment Programme among other organizations.