|2016

WORLD REPORT 2016
HUMAN RIGHTS WATCH
The absence of transparent criteria for using federal funds, and in some
provinces state funds, to purchase media advertisements creates a risk of discrimination
against media that criticize government officials or policies. The
Supreme Court has repeatedly ruled that while media companies have no inherent
right to receive public advertising contracts, government officials may not
apply discriminatory criteria when deciding where to place advertisements.
Argentina lacks a national law ensuring public access to information held by government
bodies at all levels. A presidential decree ensuring access to information
issued in 2003 applies only to the federal executive branch, though some
provincial and local governments have adopted regulations for their jurisdictions.
The public’s access to information about the function of local, provincial,
and national government remains piecemeal and haphazard.
In 2009, Congress approved a law that included provisions to increase plurality
in the media, and four years later the Supreme Court established parameters regarding
how the law should be implemented to protect free expression, including
that a diverse range of perspectives should be heard in state-run media
programming. So far, the federal agency in charge of implementing the law has
not successfully addressed the overwhelmingly pro-government editorial line of
state-run media. In 2014, the agency unilaterally tried to limit the number of
broadcasting outlets owned by the Clarin Group, the biggest private media group
in Argentina. The Clarin Group challenged the government’s proposal, and the
case remains pending before the courts.
Police Abuse
Police abuse remains a serious problem. Security forces ocassionally employ excessive
force against protesters, despite a 2011 commitment by authorities in at
least 19 of Argentina’s 23 provinces to ensure that force would be used proportionately.
In August 2015, dozens of protesters were injured when local police
dispersed a largely peaceful demonstration in the province of Tucumán by firing
rubber bullets and beating protesters with batons.
In May, a policeman in Buenos Aires province was convicted of torturing Luciano
Arruga, a teenager who was arbitrarily detained in 2008 and whose whereabouts
remained unknown until 2014, when his body was found buried in a cemetery in
Buenos Aires.
Prison Conditions
Overcrowding, ill-treatment by guards, inadequate facilities, and inmate violence
continue to be serious problems in Argentina’s prisons. The National Penitentiary
Office, an official body created by Congress, reported 33 deaths, including
17 violent ones, in federal prisons between January and September 2015. The office
also documented 796 cases of torture or ill-treatment in federal prisons in
2014, and 241 cases between January and April 2015. In June 2015, a federal
court convicted four officers of the Federal Penitentiary Service for their participation
in the torture of a detainee in 2011.
Indigenous Rights
Indigenous people in Argentina face obstacles in accessing justice, land, education,
healthcare, and basic services. Argentina lacks a law to protect indigenous
peoples’ right to free, prior, and informed consent when the government adopts
decisions that may affect their rights.
A 2006 law that requires the government to survey land occupied by indigenous
communities is being implemented slowly. Communities are reportedly being
evicted from their lands even though the law, as amended, suspends evictions
until 2017.
Women’s Rights
Abortion is illegal in Argentina, except in cases of rape or when the life of the
woman is at risk. But even in such cases, women and girls face numerous obstacles
to obtaining an abortion. They also have trouble accessing reproductive
services such as contraception and voluntary sterilization. These barriers mean
that women and girls may face unwanted or life-threatening pregnancies and
that they are subject to criminal prosecution for seeking abortions.
In a landmark ruling in March 2012, the Supreme Court determined that prior judicial
authorization was unnecessary for abortion after rape, and urged provincial
governments to ensure access to legal abortions. The Association of Civil
Rights found that as of March 2015, more than half of Argentina’s 23 provinces
still had not adopted protocols that met the court’s requirements.
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