IACHR urges Argentina to respect Indigenous peoples' territorial rights

December 4, 2024

Washington, D.C. —The Inter-American Commission on Human Rights (IACHR) has expressed deep concern over recent administrative measures in Argentina that may undermine the protection of Indigenous peoples' rights to lands, territories, and natural resources as well as their right to self-determination. The IACHR calls on the Argentine State to uphold its international obligations regarding the rights of Indigenous peoples when adopting administrative measures and legal provisions concerning the recognition of their legal personality and land titling.

On September 30, the National Institute of Indigenous Affairs suspended applications for legal personality by Indigenous communities being processed by the National Registry of Indigenous Communities and instead encouraged provincial governments to establish their own registries. This decision was made without consulting Indigenous peoples and potentially affects at least 250 of Argentina's 1881 officially identified Indigenous communities, approximately 47% of which have yet to conduct the mandatory territorial survey.  

The Argentine State has indicated that the suspension of activity at the National Registry of Indigenous Communities will not impact ongoing territorial surveys, noting that agreements have been reached with 11 of the country's 22 provinces to facilitate the local management of Indigenous communities' legal status. 

This development has occurred amid broader setbacks in the recognition of Indigenous territories and forced evictions in provinces such as Jujuy, Río Negro, and Chubut. These events have taken place even though the Territorial Emergency Law is in force, suspending evictions through November 2025.

Some evictions have included institutional violence and the stigmatization of leaders and members of Indigenous communities. One particularly alarming such incident was the murder of Mapuche community member Juan Carlos Villa by a state security agent in Río Negro province on August 11, 2024. In response, the State has reported that the agent in question has been removed from duty and is now facing trial.

However, national authorities have gone on record making stigmatizing remarks that deny the cultural and spiritual rights of Indigenous communities in Argentina.  

The IACHR underscores that, under the inter-American system, Indigenous peoples have the right to self-determination through individual and collective self-recognition, the right to association in accordance with their worldview, and protection from violence and discrimination. This right is essential for their autonomous development and entails the recognition of their lands, territories, and natural resources and the communities themselves as collective holders of rights.

Consequently, the IACHR urges the Argentine States to implement effective administrative mechanisms to safeguard the Indigenous peoples' territorial rights, including recognizing their legal personality and ensuring land restitution. Such measures should guarantee consultation and free, prior, and informed consent while respecting cultural identity and spirituality and fostering harmonious intercultural relations.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 304/24

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