US embassy cable - 05BUENOSAIRES190

UNCLAS SECTION 01 OF 03 BUENOS AIRES 000190 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PREL, KDEM, AR 
SUBJECT: ARGENTINA: SUPPORTING HUMAN RIGHTS AND DEMOCRACY 
 
REF: 04 SECSTATE 267453 
 
1.  The Government of Argentina (GOA) generally respected the 
human rights of its citizens; however, there were instances 
of killings and brutality by police and prison officials. 
There were prosecutions and convictions of police and prison 
officials but impunity remained a serious problem, as did 
allegations of corruption.  Overcrowding in jails and 
prisons, as well as sub-standard conditions within those 
facilities, persisted.  This problem was exacerbated by 
inordinate delays in investigations and trials and lengthy 
preventive detention periods.  Lack of resources, the need 
for judicial reforms, and a weak investigative infrastructure 
make significant short-term improvements unlikely. 
Discrimination against minorities continued to be a concern 
but reports were similar to previous years, or down 
significantly in the case of immigrants.  Coordination in 
combatting trafficking in persons remained an issue even as 
the Government of Argentina increased its efforts to improve 
its effectiveness and the issue of trafficking, including the 
sexual exploitation of minors, gained more attention. 
 
2.  Argentina continued to recover politically and 
economically from its recent economic crisis although 
widespread poverty and high unemployment levels remained. 
Argentina's press was free and independent, frequently 
critical of government policy and personnel, and civil 
society remained extremely active and engaged.  The United 
States worked with the GOA, media, and civil society and 
security forces to strengthen democratic institutions, fight 
corruption and reinforce the concept of civilian control of 
military.  The United States promoted key reforms such as 
ending the elections of representatives by party slate lists, 
increasing governmental transparency and limiting public 
corruption, and strengthening the effectiveness of the 
judicial branch. 
 
3.  U.S. Embassy Officials maintained a high-profile with 
national and provincial officials, press and civil society 
groups in investigating and following up on allegations of 
torture, abuse and extra-judicial killings.  The Embassy 
engaged with national and provincial government authorities 
on specific human rights cases and maintained close contact 
with major human rights and civic education NGOs.  Through 
its annual country reports on human rights, religious freedom 
and trafficking in persons, the Embassy maintains these 
issues in the public and official discourse.  The Ambassador, 
the Deputy Chief of Mission and other Embassy Officers are in 
a continuous dialogue with the Argentine Ministry of Foreign 
Affairs regarding issues before the United Nations Commission 
on Human Rights and the United Nations General Assembly to 
ensure Argentina's support for improvements of human rights 
practices in the region and worldwide.  The U.S. Embassy also 
continued to ensure that civic education programs, 
emphasizing respect for human rights and civilian control of 
the military, were an integral part of training provided to 
Argentine military personnel and Ministry of Defense (MOD) 
civilians.  The U.S. Embassy continued to apply vigorous and 
comprehensive vetting of all military and MOD civilian 
participants in international military education and training 
programs, in compliance with the Leahy Amendment 
requirements.  In 2004, Argentine Peacekeeping forces played 
a key role in the United Nations Stabilization Mission in 
Haiti (MINUSTAH). 
 
4.  As a top priority goal the United States continued to 
promote more responsive and sustainable democratic 
institutions and economic and political practices, and 
greater anti-corruption efforts and civil society 
participation.  Throughout the year, U.S. Embassy officials, 
including the Ambassador, engaged in a continuing dialogue 
with Argentine policy and opinion makers on human rights, 
democratic governance and rule of law, including in public 
fora. On judicial reform, the Embassy sponsored several 
speakers who engaged local audiences on such issues as 
continuing education for judges, and conducted a series of 
digital video conferences (DVC) with a local consortium under 
the rubric of "Justice Undergoing Change," which provided a 
20-hour "train the trainer" course.  As a measure of its 
success, one of the Argentine participants in the course was 
invited to Guatemala to conduct a conflict-management session 
with that country's 22 provincial governors.  Two speakers 
addressed Argentina's transition to jury trials.  One speaker 
addressed the Senate, which is considering a bill to 
introduce the use of jury trials in cases of public 
corruption and other serious crimes.  The second spoke to 
large and enthusiastic audiences in Buenos Aires (including 
members of the Supreme Court, the Senate, City Council 
members, NGOs and members of the legal community) and engaged 
audiences in Cordoba, Mendoza, Misiones, Neuquen, and Entre 
Rios through DVCs. 
 
5.  Argentina has an active and engaged civil society, but 
some of its most marginalized and disadvantaged groups, such 
as indigenous communities, need assistance to support their 
efforts to organize.  U.S. Speaker Sherry Salway-Black, 
Senior Vice President of the First Nations Development 
Institute and a member of the Lakota Sioux Tribe, offered 
Argentine indigenous communities the basic elements that make 
up community development and practical steps for reviewing 
and shaping the elements into a sustainable plan for 
community development.  Using experiences of U.S. tribes, Ms. 
Salway-Black illustrated the importance of citizen 
participation by indigenous peoples in their communities to 
ensure their sustainable development.  U.S. Speaker Joan 
Timeche, Assistant Director of the Native Nations Institute 
at the University of Arizona and member of the Hopi Tribe, 
shared success stories for building sustainable communities 
and nations, and for starting small businesses.  Ms. 
Timeche's program included visits to some of Argentina's 
poorest indigenous communities.  Her message of focusing on 
building strong communities through ethical leaders, good 
governance and the establishment of long-term, responsible 
public policies was well received by the indigenous Mapuche 
and Wichi audiences.  Shortly after this program, the 
indigenous community of Amaicha del Valle threw out their 
corrupt chief of over 20 years, established a committee to 
review their constitution, and elected a new chief. 
 
6.  An unfortunate consequence of Argentina's economic 
decline in the late 1990s and the crisis in 2001 is the 
development of a growing underclass, visually represented by 
the "cartoneros" (an army of informal garbage collectors and 
unemployed -- including numerous minors -- who make a living 
collecting cardboard for recycling). "El Ceibo," a cartonero 
cooperative, contacted the Embassy's Information Resource 
Center after attending a meeting with a U.S. speaker on 
recycling.  El Ceibo wanted to improve and expand their 
collecting and recycling activities and start selling 
directly to companies instead of through intermediaries that 
paid less for the materials.  They were looking for project 
funding and the IRC was able to help them identify potential 
U.S. funding institutions and provided materials and advice 
on grant writing.  Their grant proposal was funded, and El 
Ceibo will use the money to train its members and partners in 
all aspects of recycling and finance equipment.  This project 
will directly improve the lives of the 200 cooperative 
members and their families and the lives of the residents of 
the neighborhood where the cooperative works. 
 
7.  Transparency and accountability in the public sector are 
essential elements in democratic governance and the 
protection of human rights.  The United States continued to 
enhance transparency and public participation in the policy 
process by hosting International Visitor trips, programming 
U.S. speakers, and distributing materials.  Melanie Ann 
Pustay, Deputy Director of the  U.S. Department of Justice's 
Freedom of Information Office (FOIA) conducted a week-long 
workshop for some 100 Argentine Ministry of Justice officials 
on FOIA issues and practices.  The Argentine Minister of 
Justice opened the workshop.  Ms. Pustay, the Ambassador, and 
the Legal Attache also participated in a WORLDNET interactive 
program on anti-corruption with some twenty Argentine NGOs 
and Anti-Corruption Office officials.  In November, The Trust 
for the Americas/OAS together with the Argentine NGO Center 
for the Implementation of Public Policies Promoting Equity 
and Growth (CIPPEC), with U.S. Embassy support, began 
implementing an initiative to improve the quality of 
journalism in Argentina as a tool to fight corruption, both 
in the public and private sectors. 
 
8.  Richard Werksman, Principal Advisor to the State 
Department's Anti-Corruption Program, spoke to Argentine 
audiences to discuss the progress made at the Special Summit 
of the Americas in Monterrey on anti-corruption issues and 
the challenges still to be faced.  Mr. Werksman opened 
Argentina's Catholic University's graduate program on public 
ethics and engaged with NGOs and government officials. 
Argentina is hosting the 2005 Summit of the Americas in 
November, and the United States will work closely with the 
hosts to ensure that anti-corruption and good governance 
remain essential elements of the process. 
 
9.  Combatting trafficking in persons remained a top U.S. 
priority in Argentina.  The Deputy Chief of Mission led U.S 
inter-agency engagement with Argentine government officials, 
NGOs and international organizations.  The Department of 
State's Regional G/TIP Coordinator visited Argentina twice in 
2004, raising awareness of the issue, meeting with officials, 
prosecutors, the International Organization for Migration, 
and NGOs.  He gave an interview to a major entertainment and 
news network, effectively explaining U.S. policy and ongoing 
programs.  The United States lobbied the GOA to formalize its 
inter-agency coordination process and appoint a focal point 
to direct activites.  At the end of the year the Federal 
Office of Victim's Assistance under the Attorney General's 
Office was identified as the focal point for TIP activities. 
GUTIERREZ