Afro-Descendants in Argentina and Uruguay
A concentrated focus on Montevideo and Buenos Aires
Legislation in Argentina
This section will give a short overview and chronology of important legislation in Argentina which aim to eliminate discrimination and raise awareness and equality for Afro-Argentines. This list is by no means exhaustive. We mainly present laws from a summary provided by the United Nations Committee on the Elimination of Racial Discrimination Report from the International Convention on the Elimination of all Forms of Racial Discrimination.
Free Wombs Act passed in 1813
Children of slave mothers are born free from slavery. Seen as a reward for the efforts of Afro-Argentines during the war (Edwards āSlavery in Argentinaā, 2014).
Article 15 of Argentine Constitution of 1853, reinstated 1983
Abolition of slavery as described in the Constitution:
āIn the Argentine Nation there are no slaves: the few who still exist shall become free as from the swearing of this Constitution; and a special law shall regulate whatever compensation this declaration may give rise to. Any contract for the purchase and sale of persons is a crime for which the parties shall be liable, as well as the notary or officer authorizing it. And slaves who by any means enter the nation shall be free by the mere fact of entering the territory of the Republicā (Argentina 1994, 2).
Law 4,144 (Law of Residence) passed in 1902, abolished in 1958
Enabled the expulsion of unwanted immigrants, labor unions, anarchists, and socialists. Also fostered the idea of only allowing people to stay who fit into the identity of a Roman Catholic nation, which excluded many immigrants from Syria and Lebanon (Lucio 2013, 25). Law 7,209 (Law of Social Defense) passed in 1910 to extend Law 4,144 (Fischer 2005, 226).
International Convention on the Elimination of All Forms of Racial Discrimination
Signed in 1967; ratified in 1968 (United Nations Treaty Collections, 2016a). International agreement against discrimination based on race, heritage, and nationality (United Nations Human Rights, 2016a).
Implemented in Argentina under Law 17,722 (InformaciĆ³n Legislativa "Ley No. 17,722.", 1968).
International Covenant on Civil and Political Rights and Social and Cultural Rights by the United Nations
Signed in 1968; ratified in 1986 (United Nations Treaty Collections, 2016b).
Grants the basic human right of self-determination (United Nations Human Rights, 2016b).
Law 23,592 passed in 1988
Created a penalty of up to three years in prison for crimes based on religion, race, political opinion or gender (InformaciĆ³n Legislativa, 1988). Seen as the first law to bring up charges on these grounds (Lucio 2013, 38). Six cases were given as examples on court decisions based on this law during the Convention on the Elimination of all Forms of Racial Discrimination (United Nations 2004, 44 f.).
Section 16 of Argentine Constitution
āThe Argentine Nation admits neither blood nor birth prerogatives: there are neither personal privileges nor titles of nobility. All its inhabitants are equal before the law, and admissible to employment without any other requirement than their ability. Equality is the basis of taxation and public burdensā (Argentina 1994, 2).
Section 16 is in agreement with Article 26 of the Universal Declaration of Human Rights (United Nations 2004, 22).
Section 25 of Argentine Constitution
āThe Federal Government shall foster European immigration; and may not restrict, limit or burden with any tax whatsoever, the entry into the Argentine territory of foreigners who arrive for the purpose of tilling the soil, improving industries, and introducing and teaching arts and sciencesā (Argentina āConstitution of the Argentina Nationā, 3). Last revised in 1994 (24).
Section 75, Paragraph 19 of Argentine Constitution
āTo provide everything relevant to human development, economic progress with social justice, the growth of the national economy, the creation of jobs, the professional training of workers, the defense of the currency value, the scientific and technological research and development, their overall diffusion and beneficial use.
To provide for the harmonious growth of the Nation and the settlement of its territory; to promote differential policies in order to balance the relative unequal development of provinces and regions. These initiatives shall originate in the Senate.
To enact laws referring to the organization and basis of education consolidating national unity and respecting provincial and local characteristics; which ensure the state responsibility that cannot be delegated, family and society participation, the fostering of democratic values and equal opportunities and possibilities with no discrimination whatsoever; and which guarantee the principles of free and equitable State public education as well as the autonomy and autarky of national universities.
To enact laws protecting the cultural identity and plurality, the free creation and circulation of artistic works of authors, the artistic heritage and places devoted to cultural and audiovisual activitiesā (10f.).
Law 24,382 passed in 1994
Declaration of March 7 as National Day in the Fight Against Discrimination (InformaciĆ³n Legislativa "DĆa Nacional De Lucha En Contra De Las Discriminaciones.", 1994).
Law 24,515 passed in 1995
Founding of the decentralized Instituto Nacional contra la DiscriminaciĆ³n, la Xenofobia y el Racismo (National Institute Against Discrimination, Xenophobia and Racism or INADI). The main objective of the institution is combating discrimination, xenophobia and racism. INADI became part of the Justice and Human Rights Ministry in 2005 (InformaciĆ³n Legislativa "Ley No. 24,515", 1995).
Decree 1,086 passed in 2005
Creation of the National Plan Against Discrimination (United Nations āReports submitted by State Parties under Article 9 of the Conventionā 2008, 11).
The document specifically mentions African slaves as a source of labor (Villalpando 2005, 112). Also states racism was imported from Europe (49). It proposes further visibility of minority groups like Afro-Argentines, including legal training for the minorities in the area of human rights laws (310).
Law 26,162 passed in 2006
Created recognition of the ComitĆ© para la EliminaciĆ³n de la DiscriminaciĆ³n Racial (CERD) in coordination with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (INADI, 2006).
Law 26,852 passed in 2006
Declaration of November 8 as National Day in Recognition of Afro-Argentines and their Culture (SecretarĆa de Derechos Humanos, n.d.).
Decree 3110/70 in coherence with Ley de EstadĆstica 17,622/68
Included people of Afro-Argentine descent in the national census for the first time in 2010 (INDEC 2010, 2).
Law 4,773 in the city of Buenos Aires passed in 2013.
Declaration of December 3 as DĆa del Candombe y la Equidad Ćtnica en la Ciudad de Buenos Aires (Day of Candombe and the Equity in the City of Buenos Aires). The law aims to show the African roots of candombe and promote cultural identity and its influences from Uruguay (CEDOM, 2013).
