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DOCUMENT ID: 40921686INQNO: DOC27D 00347588DOCNO: TEL 009586 93PRODUCER: BUENOS AIRESSOURCE: STATEDOCTYPE: INDOR: 19931004TOR: 235811DOCPREC: RORIGDATE: 199310041928MHFNO: 93 4075909DOCCLASS: CCAVEATS: FOUO

HEADERRR RUEAIIBZNY CCCCC ZOC STATE ZZHMSI4593RR RUEHCDE RUEHBU #9586/01 2771957ZNY CCCCC ZZHR 041928Z OCT 93FM AMEMBASSY BUENOS AIRESTO RUEHC/SECSTATE WASHDC 6064INFO RUEHAC/AMEMBASSY ASUNCION 5139RUEHBR/AMEMBASSY BRASILIA 1584RUEHMN/AMEMBASSY MONTEVIDEO 3320RUEHSG/AMEMBASSY SANTIAGO 8633BT

CONTROLSCONFIDENTIAL

LIMITED OFFICIAL USE BUENOS AIRES 09586

E.O. 12356: N/A

TEXTTAGS: ELAB, PHUM, PGOV, ARCOMBINE: COMPLETE

SUBJECT: COUNTRY REPORT ON HUMAN RIGHTS PRACTICESFOR 1993: ARGENTINA

1. LOU - NOFORN - ENTIRE TEXT.1993 HUMAN RIGHT REPORT - ARGENTINA

2. ARGENTINA IS A FEDERAL, CONSTITUTIONAL DEMOCRACYOF APPROXIMATELY 33 MILLION INHABITANTS. THEPRESIDENT IS ELECTED THROUGH AN ELECTORAL COLLEGE FORA SINGLE 6-YEAR TERM. THE CONSTITUTION PROVIDES FOR ABICAMERAL LEGISLATURE, AND AN INDEPENDENT JUDICIARY.THE EXECUTIVE TRADITIONALLY IS THE DOMINANT BRANCH ATTHE FEDERAL LEVEL. SINCE THE END OF MILITARY RULE IN1983 THERE HAVE BEEN TWO NATIONAL PRESIDENTIALELECTIONS AS WELL AS NUMEROUS MID-TERM ELECTIONS FOR

DECLASS IFIED AND R ELEASED BYCENTRAL INTE LLIGENCE AGENCYSOURCES METHODS EXEMPT I 0N3B2BNAZI WAR CR IMES D ISCLOSURE ACTDATE 2001 2007

STATE DEPT. DECLASSIFICATION REVIEWk Retain class'n Change/classify to

Declassify with concurrence of after

EO 12958, 25X .IPS/CR/IR by ____ Date(( 6 (

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CONGRESS AND PROVINCIAL GOVERNMENTS, THE MOST RECENTIN OCTOBER 1993. THE CURRENT PRESIDENT, CARLOS SAULMENEM, OF THE JUSTICIALIST (PERONIST) PARTY, IS NOTNOW ELIGIBLE FOR REELECTION IN 1995. HOWEVER, EFFORTSARE BEING MADE TO AMEND THE CONSTITUTION TO, AMONGOTHER CHANGES, ALLOW FOR A SECOND CONSECUTIVE TERM.IN 1993 INCREASED ATTENTION WAS FOCUSED ON THEQUESTION OF JURIDICAL SECURITY AND THE SAFETY ANDINTEGRITY OF JUDGES.

3. THE PRESIDENT IS THE CONSTITUTIONAL COMMANDER-IN-CHIEF. A CIVILIAN DEFENSE MINISTER OVERSEES THE ARMEDFORCES, WHICH CONTINUE TO UNDERGO RESTRUCTURING,REASSIGNMENT OF TASKS, AND REDUCTION IN SIZE. ANIMPORTANT NEW AREA OF ACTIVITY FOR THE ARGENTINE ARMEDFORCES IS INVOLVEMENT IN UN PEACE KEEPING EFFORTS INCROATIA, CYPRUS, AND ELSEWHERE. THERE WERE NOINCIDENTS OF MILITARY INSUBORDINATION AGAINSTCIVILIAN, CONSTITUTIONAL AUTHORITY IN 1993. •THEFEDERAL POLICE REPORT TO THE INTERIOR MINISTER, THEBORDER POLICE AND THE COAST GUARD TO THE DEFENSEMINISTER, AND THE PROVINCIAL POLICE TO PROVINCIALGOVERNMENTS. THERE WERE FEWER REPORTED ABUSES OFPOLICE AUTHORITY IN 1993 THAN IN PREVIOUS YEARS.

4. ARGENTINA HAS A MIXED AGRICULTURAL, INDUSTRIAL ANDSERVICE ECONOMY THAT CONTINUES TO UNDERGO SIGNIFICANTCHANGES. UNDER THE ECONOMIC REFORM PROGRAM LAUNCHEDBY PRESIDENT MENEM, ARGENTINA'S ECONOM/ IS GROWINGRAPIDLY AND SHIFTING FROM ONE THAT IS CENTRALLYCONTROLLED TO ONE WHICH IS MORE RESPONSIVE TO MARKETFORCES. THE PROGRAM'S SUCCESS IN BRINGING THE LEVELOF INFLATION DOWN DRAMATICALLY IS BASED ON A SHARPINCREASE IN REVENUE COLLECTION; FIXING THE EXCHANGERATE AT PARITY WITH THE DOLLAR; THE PRIVATIZATION OFVIRTUALLY ALL MAJOR STATE ENTERPRISES; THE ELIMIQOR MODQA COMPLEX NETWORK OF OFTENCONTRADICTORY REGULATIONS; AND THE OPENING OF THEECONOMY TO VIGOROUS COMPETITION FROM IMPORTS. THESECHANGES HAVE FORCED THE BUSINESS COMMUNITY TO INCREASEPRODUCTIVITY IN ORDER TO STAY COMPETETIVE, OFTENTHROUGH SIGNIFICANT INVESTMENT IN LABOR SAVINGTECHNOLOGY. AS A RESULT, UNEMPLOYMENT ROSE TO ALMOST10 PERCENT IN MAY, ALTHOUGH THE NUMBER OF JOBS AESOINCREASED. THE SUCCESS OF THE ECONOMIC REFORM PROGRAMAND THE HIGH COST OF LIVING HAVE ENCOURAGED MANY MORETO SEEK WORK, SO THAT THE GROWTH IN THE LABOR FORCEHAS MOMENTARILY OUTSTRIPPED THE ECONOMY'S CAPACITY TOCREATE JOBS TO ABSORB THEM.

5. THE ARGENTINE CONSTITUTION PROVIDES A WIDE RANGEOF FREEDOMS AND GUARANTEES. THE GOVERNMENT ISACTIVELY WORKING TO IMPROVE HUMAN RIGHTS PRACTICES,TRANSFORM INSTITUTIONS, AND CHANGE MENTALITIES.NEVERTHELESS, INSTITUTIONAL WEAKNESSES, POLITICALPARTISANSHIP, AND THE LEGACY OF AUTHORITARIAN RULESOMETIMES RESULT IN A FAILURE TO PROTECT INDIVIDUAL

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RIGHTS AND TO SANCTION THOSE WHO VIOLATE THEM. THISWAS PARTICULARLY TRUE IN THE CASE OF THREATS ANDAGGRESSION AGAINST THE MEDIA IN 1993, AND IN ANATTEMPT TO MONITOR IDEOLOGICAL ACTIVITIES OF STUDENTSAND OTHERS. LOCAL HUMAN RIGHTS ORGANIZATIONS,INCLUDING THE INTERIOR MINISTRY'S HUMAN RIGHTSSECRETARIAT, CONTINUE TO MONITOR CLOSELY THESITUATION, AND THE NUMBER OF REPORTED HUMAN RIGHTSABUSES CONTINUES TO DECLINE. BUT NEW PROBLEMS -- SUCHAS THE GOVERNMENT'S F/ILURE TO COMPLY WITH A LAW THATCALLS FOR INDEMNIZATION OF THOSE WHO SUFFERED TORTUREOR DETENTION DURING MILITARY RULE -- OVERSHADOWARGENTINA'S HUMAN RIGHTS RECORD. REPORTED INCIDENTSOF ANTI-SEMITISM HAVE DECLINED WHILE FREEDOM OFRELIGION HAS RECEIVED INCREASED ATTENTION AS A RESULTOF LEGAL CHARGES BEING BROUGHT AGAINST MEMBERS OF THEUS-ORIGINATED SECT CALLED "CHILDREN OF GOD."

RESPECT FOR HUMAN RIGHTS

6. SECTION 1. RESPECT FOR THE INTEGRITY OF THEPERSON, INCLUDING FREEDOM FROM

A. POLITICAL AND EXTRAJUDICIAL KILLING.-- THERE WERENO CREDIBLE REPORTS OF POLITICALLY MOTIVATED KILLINGSCARRIED OUT BY GOVERNMENT FORCES IN 1993.

THE 1991 MURDER OF RADICAL PARTY POLITICIANREGINO MADERS STILL HAS NOT BEEN RESOLVED. INFEBRUARY AN EX-POLICE SERGEANT NAMED CARLOS GUIDONEWAS ARRESTED ON SUSPICION OF INVOLVEMENT IN THE CASE.ALTHOUGH THE EVIDENCE IS STILL INCONCLUSIVE, REPORTSPERSIST THAT MADERS WAS KILLED BECAUSE OF HIS ON-GOINGINVESTIGATION INTO ALLEGED CORRUPTION IN THEPRIVATIZATION OF THE PROVINCIAL ELECTRIC UTILITYCOMPANY. IN MARCH AN ALLEGED WITNESS IN THE CASE WASFIRED UPON IN HIS CAR BY UNKNOWN INDIVIDUALS AND THREEOTHER CARS WERE FIREBOMBED IN INCIDENTS THAT THE LOCALPRESS RELATED TO THE MADERS CASE. IN APRIL THEFEDERAL JUDGE INVESTIGATING THE CASE, GUILLERMOJOHNSON, ACCUSED CORDOBA GOVERNOR ANGELOZ OFINTERFERING IN HIS INVESTIGATION. THE GOVERNOR DENIEDTHE ACCUSATION. A PROVINCIAL RADICAL DEPUTY OPPOSEDTO ANGELOZ WAS STRIPPED OF HIS IMMUNITY BY THERADICAL-DOMINATED PROVINCIAL LEGISLATURE AND CALLED TOTESTIFY ON CHARGES THAT HE HAD INTERFERED IN THEINVESTIGATION. HE WAS SUBSEQUENTLY EXONERATED. IN ARELATED DEVELOPMENT, IN JUNE THE PRESIDENT OF THEELECTRIC UTILITY AND TWO OTHER COMPANY OFFICIALS WEREORDERED ARRESTED BY JUDGE JOHNSON ON FRAUD CHARGES.AT THE SAME TIME THE EX-POLICE SERGEANT ARRESTED INFEBRUARY WAS SENTENCED TO 43 MONTHS IN PRISON FORFA/SIFYING PUBLIC DOCUMENTS AND POSSESSION OF DRUGS.THERE HAVE BEEN NO NEW DEVELOPMENTS ON THE CASE AFTERTHIS ARREST.

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B. DISAPPEARANCES. -- IN CONTRAST TO 1992, THE MEDIAAND LOCAL HUMAN RIGHTS ORGANIZATIONS HAVE PROVIDED NOINFORMATION ON THE DEATHS OF PERSONS UNDER SUSPICIOUSCIRCUMSTANCES WHILE IN POLICE CUSTODY IN 1993. NORWAS THERE ADDITIONAL PUBLIC INFORMATION ON THEDEVELOPMENT OF INVESTIGATIONS INTO THOSE CASESREPORTED LAST YEAR, WITH THE EXCEPTION OF THAT OF THE1992 DISAPPEARANCE OF PABLO CRISTIAN GUARDATI, INMENDOZA. THE GUARDATI CASE STILL HAS NOT BEENRESOLVED, DESPITE A COMPLEX SERIES OF DEVELOPMENTS INTHE CASE.

IN OCTOBER 1992 THE INTERIOR MINISTER ASSIGNED ASPECIAL INVESTIGATIVE UNIT OF THE FEDERAL POLICE TOTHE CASE, THE MENDOZA CHIEF OF POLICE RESIGNED, TENOFFICERS OF THE INVESTIGATIVE BUREAU WERE REASSIGNED,AND THE FOUR POLICE OFFICERS MOST DIRECTLY INVOLVEDWITH HIS INITIAL DETENTION WERE DETAINED FORQUESTIONING IN LATE OCTOBER. SHORTLY THEREAFTER, TWOOTHER POLICE WERE FIRED AND CHARGED WITH TRYING TO BUYFALSE TESTIMONY ON BEHALF OF THE ORIGINAL FOURDETAINEES.

IN MID-DECEMBER SIX UNIDENTIFIED BODIES WEREEXHUMED FROM THE MENDOZA CEMETERY FOR CREMATION.DESPITE THE ADVANCED STATE OF DETERIORATION OF THECORPSES, GUARDATI'S MOTHER TOLD THE INVESTIGATINGJUDGE THAT SHE BELIEVED ONE OF THEM TO BE THAT OF HERSON. THE REMAINS WERE SENT TO BUENOS AIRES FORGENETIC TESTING WHICH REVEALED IN LATE JANUARY 1993LITTLE OR NO GENETIC RELATIONSHIP WITH THE MOTHER.NEVERTHELESS, IN EARLY FEBRUARY THE FOUR DETAINEDPOLICE WERE CHARGED WITH HOMICIDE AND CONCEALMENT, BUTTHEY WERE RELEASED IN MID-APRIL FOR LACK OF EVIDENCE.

THE CASE THEN TOOK ANOTHER TURN IN MID-JUNE, WHENFURTHER STUDY OF THE GENETIC MATERIAL OF THEUNIDENTIFIED CORPSE REVEALED A HIGH CORRELATION WITHTISSUE SAMPLES TAKEN FROM GUARDATI'S BIOLOGICALFATHER. THE JUDGE IN CHARGE OF THE INVESTIGATIONANNOUNCED THAT THE REMAINS HAD BEEN CONCLUSIVELYIDENTIFIED AS BEING THOSE OF GUARDATI. SHE DENOUNCEDPOLICE CONSPIRACY IN THE CASE, AND REVEALED THAT SHEAND HER SON HAD RECEIVED ANONYMOUS THREATENING PHONECAL/S. THE FOUR POLICE OFFICERS' DEFENSE ATTORNEYCALLED FOR A MISTRIAL AND THE JUDGE WAS REMOVED FROMTHE CASE.

FURTHER TO THE IDENTIFICATION AND RESTITUTION OFCHILDREN WHOSE BIOLOGICAL PARENTS DISAPPEARED DURINGTHE 1976-83 MILITARY DICTATORSHIP AND WHO WERE --EITHER INNOCENTLY OR FRAUDULENTLY -- ADOPTED BYOTHERS, IN NOVEMBER 1992 A NATIONAL COMMISSION ON THERIGHT TO IDENTITY WAS CREATED IN THE INTERIORMINISTRY, LARGELY AS A RESULT OF PRESSURE FROM THE"GRANDMOTHERS OF THE PLAZA DE MAYO" GROUP.

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NEVERTHELESS, ACCORDING TO THE "GRANDMOTHERS," THEREARE STILL SOME 500 CHILDREN WHOSE TRUE IDENTITY HASNOT BEEN ESTABLISHED OR RESTORED. IN THE CASE OF THEREGGIARDO-TOLOSA TWINS, FRAUDULENTLY ADOPTED BY POLICEOFFICER SAMUEL MIARA AND HIS WIFE AFTER THEIRBIOLOGICAL PARENTS WERE MURDERED, A FEDERAL COURT HASNULLIFIED THE ADOPTION; CHARGED MIARA WITHFA/SIFICATION OF OFFICIAL DOCUMENTS; CANCELLED THEIRFRAUDULENT BIRTH CERTIFICATES AND OTHER DOCUMENTS; ANDIN MAY ORDERED THAT THEIR TRUE SURNAME BE RESTORED.THE TWINS REMAIN BY THEIR OWN VOLITION, HOWEVER, INTHE CUSTODY OF MIARA'S WIFE, DESPITE THE INSISTENTDEMANDS OF THE "GRANDMOTHERS" AND THEIR BIOLOGICALRELATIVES, THAT THEY BE TAKEN AWAY FROM HER OR, ATMINIMUM, BE PLACED IN A FOSTER HOME. FINAL CUSTODYHAS NOT BEEN RESOLVED FOR THE 17-YEAR OLD TWINS.

THE DISAPPEARANCE OF A 32-YEAR OLD ECUADOREAN NUNNAMED PIEDAD CORDERO IN LATE OCTOBER 1992 NEAR JUNIN,BUENOS AIRES PROVINCE, HAS NOT BEEN RESOLVED. THEBODY OF A TRAVELING SALESMAN NAMED LUIS MARIA KELLY,WHO HAD DISAPPEARED IN JANUARY 1993, WAS FOUND NEARTHE CITY OF VENADO TUERTO, BUENOS AIRES PROVINCE,THREE WEEKS LATER. THE CAUSE OF HIS DEATH WASUNCLEAR. THE DISAPPEARANCE, IN MAR DEL PLATA INAUGUST, OF JOURNALISM STUDENT MIGUEL BRU WHO HAD FILEDA COMPLAINT AGAINST THE POLICE FOR AN ILLEGAL SEARCHBY THEM, HAS NOT BEEN RESOLVED. HIS FAMILY ASKED FORAN INVESTIGATION, ALLEGING POLICE INVOLVEMENT, AND AJUDICIAL INQUIRY HAS COMMENCED.

C. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADINGTREATMENT OR PUNISHMENT.-- THE CONSTITUTION PROHIBITSTORTURE AND THE CRIMINAL CODE PROVIDES PENALTIES FORTORTURE WHICH ARE SIMILAR TO THOSE FOR HOMICIDE, 8 TO15 YEARS IN PRISON. THE LEVEL OF REPORTED INCIDENTSOF POLICE BRUTALITY, PARTICULARLY DIRECTED AGAINSTYOUNG MEN, HAS DECLINED SOMEWHAT OVER 1992. AT THESAME TIME, DISCIPLINARY AND LEGAL ACTION AGAINSTPOLICE OFFICERS ACCUSED OF BEATING AND KILLING YOUTHSCONTINUE. IN MID-JULY THE SECRETARY FOR SECURITY OF

. BUENOS AIRES PROVINCE ANNOUNCED BROAD NEW MEASURES TOCONTROL THE POLICE AND IMPROVE THEIR IMAGE. ACCORDINGTO A SURVEY TAKEN THE PREVIOUS MONTH, ONLY 34 PERCENTOF THE INHABITANTS OF THE PROVINCE HAD A POSITIVEIMAGE OF THE POLICE. AT THE TIME OF THE JULYANNOUNCEMENT, THE PRESS SPECULATED THAT 1,200 POLICEOFFICERS WOULD BE EXPELLED DUE TO ACCUSATIONS OF AVARIETY OF CRIMES. AT LEAST 1,000 PROVINCIAL POLICEHAVE BEEN SEPARATED FROM THE FORCE. IN ROSARIO, SANTAFE PROVINCE, TWO POLICE OFFICERS WERE SUSPENDED FROMHE FORCE DURING THE INVESTIGATION OF CHARGES THATTHEY HAD TRIED TO EXTORT MONEY FROM TWO YOUTHS AGED 19AND 15, AND FAILING IN THEIR OBJECTIVE, BEAT THEM ANDSHOT AT THEM. IN ADDITION, AN INTERNAL POLICE

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INVESTIGATION OF THE TWO OFFICERS' ACTIONS WASPURSUED. IN CORDOBA, AN INTERNAL INVESTIGATION OF THEDEATH IN 1989 OF A TAXI DRIVER REVEALED IN FEBRUARYTHAT TWO POLICE OFFICERS WHO HAD TRIED TO EXTORT MONEYFROM THE DRIVER HAD KILLED HIM. THE TWO WERE ARRESTEDAND REMANDED TO A CIVILIAN COURT PENDING TRIAL. ATVILLA CARLOS PAZ, NEAR CORDOBA, TWO POLICE WEREARRESTED IN MARCH FOR TORTURING A SUSPECT DURINGINTERROGATION AND A THIRD OFFICER WAS SUSPENDED FORCOVERING UP THE CRIME.

DESPITE THESE POSITIVE DEVELOPMENTS, AN OFF-DUTYPOLICEMAN WORKING AS A SECURITY GUARD AT A DISCOTHEQUEKILLED A 14-YEAR OLD BOY IN HAEDO, BUENOS AIRESPROVINCE. IN NEAR-BY QUILMES, TWO BOLIVIAN BOYS WERESHOT AND KILLED BY A POLICEMAN AS THEY EXITED ACHURCH. ALTHOUGH IT IS UNCLEAR WHY THE POLICE INTHESE CASES ACTED AS THEY DID, LEGAL ACTION WASINITIATED AGAINST ALL THREE. THE EFFICACY OF LEGALACTIONS OF THIS NATURE VARIES WIDELY, HOWEVER,DEPENDING ON THE COURT WITHIN WHOSE JURISDICTION THECASE FALLS, THE ATTITUDE OF LOCAL AUTHORITIES, AND THEEFFICACY OF POLICE INTERNAL REVIEW MECHANISMS.

PRISON CONDITIONS VARY WIDELY IN ARGENTINA, BUTON THE WHOLE THEY ARE ACCEPTABLE. MANY OF THEFACILITIES ARE OLD, AND SOME ARE DILAPIDATED ANDCROWDED, BUT THE U.S. CITIZEN PRISONERS IN THESEFACILITIES HAVE NO SERIOUS COMPLAINTS ABOUT TREATMENTOR FOOD, OTHER THAN THE LACK OF FRESH FRUIT ANDVEGETABLES IN SOME FACILITIES. CONJUGAL VISITS AREPERMITTED IN SOME FACILITIES, DEPENDING ON THEINFRASTRUCTURE AVAILABLE. ABUSE OF PRISONERS BYGUARDS IS PUNISHED IN AT LEAST SOME CASES. IN SANTAFE, IN APRIL, 12 GUARDS. WERE SUSPENDED AND TRIED FORABUSING FOUR PRISONERS. THE WELL-PQMARCH OF AN ITALIAN CITIZEN ACCUSED OF MURDERING APRISON GUARD LED TO SUBSEQUENT CHARGES, BY THEINVESTIGATIVE JUDGE, THAT THE PRISONER HAD BEENSEVERELY BEATEN IN THE HOLDING CELL OF THE COURT, ANDTHAT HIS DEATH WAS RELATED DIRECTLY TO THE INJURIES HE

SUSTAINED.

D. ARBITRARY ARREST, DETENTION, OR EXILE. --ALTHOUGH ARGENTINA'S PENAL CODE CONTAINS EXPLICITPROTECTIONS OF INDIVIDUAL RIGHTS AND PLACES LIMITS ONTHE ARREST AND INVESTIGATORY POWERS OF THE POLICE ANDJUDICIARY, THE CASES CITED ABOVE SUGGEST THAT THERESTILL ARE PROBLEMS INVOLVED IN ENFORCING THESE LAWS.THE JUSTICE MINISTRY HAS ATTEMPTED TO EDUCATE THEPUBLIC ABOUT THE LEGAL RIGHTS OF DETAINEES. THEINTERIOR MINISTRY HAS CONDUCTED COURSES FOR PUBLICOFFICIALS DESIGNED TO HEIGHTEN AWARENESS ABOUT HUMANRIGHTS ISSUES. THE GOVERNMENT HAS CREATED ANOMBUDSMAN TO OVERSEE THE OBSERVANCE OF INDIVIDUAL

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RIGHTS IN THE PRISON SYSTEM. THE JUSTICE MINISTRY HASPROPOSED LEGISLATION THAT WOULD SET A MAXIMUM OF TWOYEARS OF PRE-TRIAL DETENTION PRIOR TO CONVICTION,BRINGING ARGENTINE PRACTICE INTO LINE WITH THE SANJOSE PACT ON HUMAN RIGHTS. MONETARY COMPENSATION FORTHOSE WHO WERE ILLEGALLY DETAINED AND HELD BY THEEXECUTIVE OR THE ARMED FORCES DURING THE MILITARYDICTATORSHIP (1976-83) WAS APPROVED BY LAW INDECEMBER, 1991. THE INTERIOR MINISTRY IS CHARGED WITHREVIEWING THE 8,300 CASES OF THOSE WHO HAVE SUBMITTEDREQUESTS FOR INDEMNITY PAYMENTS. THUS FAR SOME 4,000HAVE BEEN APPROVED. THE SUPREME COURT WILL BERESPONSIBLE FOR SETTLING A DISPUTE OVER THE AMOUNTS,AND THE ECONOMY MINISTRY WILL PROVIDE THE FUNDSPAYABLE IN GOVERNMENT BONDS. THE PROCESS HAS BEENLONG AND DRAWN OUT, GIVING RISE TO MANY COMPLAINTSFROM THOSE PEOPLE WHO BELIEVE THEMSELVES ENTITLED TOCOMPENSATION.

E. DENIAL OF A FAIR PUBLIC TRIAL. -- THERE IS AGROWING AWARENESS OF THE NEED TO DEDICATE MORERESOURCES TO IMPROVING THE EFFICIENCY OF ARGENTINA'SJUDICIAL SYSTEM, WHICH THOUGH INDEPENDENT ANDIMPARTIAL IN THEORY, IS SLOW AND CUMBERSOME INPRACTICE. UNSUBSTANTIATED ALLEGATIONS OF UNDUEINFLUENCE ON THE COURTS, INCLUDING PRESSURE FROM THEEXECUTIVE BRANCH, CONTINUE. GROWING PUBLIC AWARENESSOF THE SHORTCOMINGS OF THE SYSTEM HAS HAD AN IMPACT ONOFFICIAL ACTIONS. THE FIRST ORAL TRIBUNAL IN THEFEDERAL CAPITAL FREED A YOUNG MAN ACCUSED OF ROBBERYIN JUNE BECAUSE HE HAD NOT BEEN NOTIFIED BY THEPROSECUTOR OF HIS RIGHT TO REFUSE TO TESTIFY AGAINSTHIMSELF. IN ONE NOTORIOUS CASE OF A PRISONER WHO WASDETAINED FOR SEVEN YEARS WITHOUT EVER HAVING BEENCONVICTED OF A CRIME, THE DETAINEE WAS RELEASED INJULY. THE RIGHT TO BAIL IS PROVIDED BY LAW ANDRECOGNIZED IN PRACTICE. THE CONSTITUTION AND PENALCODE CALL FOR TRIALS BEFORE PANELS OF JUDGES USINGWRITTEN PRESENTATIONS, AND FOR APPELLATE REVIEW OF ALLJUDICIAL RULINGS. THE SYSTEM OF ORAL PUBLIC TRIALS INPENAL CASES, INSTITUTED IN SEPTEMBER 1992, IS NOWFUNCTIONING ON A PARTIAL BASIS. THE INITIAL RESULTSAPPEAR TO JUSTIFY OPTIMISM THAT, ONCE FULLYIMPLEMENTED AND FUNDED, ORAL TRIALS WILL ACCELERATESIGNIFICANTLY THAT ASPECT OF THE JUDICIAL PROCESS.

THE INDEPENDENCE AND PHYSICAL SAFETY OF JUDGESWAS ALSO AFFECTED BY THREATS AND ATTACKS ON THEIRPERSONS. A FEDERAL JUDGE IN LA PLATA WHO HAD BEENINVESTIGATING THE INVOLVEMENT OF MILITARY PERSONNEL INA BAND OF HIGHWAYMEN WAS THREATENED AND HIS DAUGHTERWAS ALMOST KIDNAPPED. UNKNOWN PERSONS ALSO SENT THEJUDGE A SERIES OF PHOTOGRAPHS SHOWING HIS MOTHER, HISDAUGHTER AND HIS HOUSE. THE HOUSE OF A JUDGE IN LOMASDE ZAMORA (BUENOS AIRES PROVINCE) WAS FIRED UPON MY

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UNKNOWN INDIVIDUALS IN JULY, AND PROVINCIALAUTHORITIES ACKNOWLEDGED THAT VIRTUALLY ALL OF THEFEDERAL JUDGES WORKING IN THE PROVINCE HAVE RECEIVEDTHREATS AT ONE TIME OR ANOTHER. TWO FEMALE JUDGES,ONE IN PARANA (ENTRE RIOS PROVINCE) AND ONE INROSARIO, HAVE RECEIVED THREATS RELATED TO TRIALS OFCORRUPT POLICE OFFICERS AND NARCOTRAFFICKERS. THEGOVERNMENT'S RESPONSE TO THESE THREATS HAS BEEN TOOFFER POLICE PROTECTION WHILE INVESTIGATING THEINCIDENTS.

F. ARBITRARY INTERFERENCE WITH PRIVACY, FAMILY,HOME, OR CORRESPONDENCE. -- IN ACCORDANCE WITH THECONSTITUTION, THE GOVERNMENT DOES NOT NORMALLY INTRUDEINTO THE LIVES OF PRIVATE CITIZENS. WITH THEPRIVATIZATION AND UPGRADING OF ARGENTINA'S TELEPHONESERVICE, DENUNCIATIONS OF TELEPHONE TAPPING HAVEDIMINISHED. HOWEVER, REPORTS CONTINUE OF ILLEGALMONITORING BY GOVERNMENT AGENCIES AND PRIVATEENTITIES. IN ADDITION, THE GOVERNMENT RESERVES THERIGHT TO MONITOR TELEPHONES IN SPECIAL CASES. BYVIRTUE OF A PRESIDENTIAL DECREE OF OCTOBER 1992, THESTATE INTELLIGENCE SECRETARIAT (SIDE) HAS BEEN CHARGEDWITH SUPERVISION OF JUDICIALLY-ORDERED PHONE TAPS,REPLACING AN OFFICE THAT EXISTED IN THE FORMERLYSTATE-OWNED PHONE COMPANY. A FEDERAL JUDGE HASQUESTIONED THE DECISION TO PLACE THIS AUTHORITY WITHINTHE ORBIT OF THE NATIONAL EXECUTIVE.

7. SECTION 2. RESPECT FOR CIVIL LIBERTIES, INCLUDING

A. FREEDOM OF SPEECH AND PRESS. -- IN ITSSEPTEMBER 1992 PRESENTATION TO THE INTER-AMERICANPRESS SOCIETY MEETING IN MADRID, ARGENTINA'S NATIONALEDITORS AND PUBLISHERS ASSOCIATION (ADEPA)CHARACTERIZED THAT YEAR AS THE WORST YEAR FOR FREEDOMOF EXPRESSION SINCE THE RETURN OF DEMOCRACY IN 1983.1993 WAS PROBABLY WORSE.

SOME PROBLEMS CAN BE RELATED TO THE PERSISTENCEOF AN AUTHORITARIAN MENTALITY IN SOME INSTITUTIONS ANDINDIVIDUALS. FOR EXAMPLE, THE ENTIRE EDITION OF A SANJUAN NEWSPAPER THAT CRITICIZED THE FORMER PERONISTGOVERNOR WAS STOLEN BY UNKNOWN ASSAILANTS. INCATAMARCA A PROVINCIAL LEGISLATOR PETITIONEDUNSUCCESSFULLY FOR THE ASSEMBLY TO ORDER THE ARREST OFA JOURNALIST WHO HAD OPENLY CRITICIZED HIM. THEHIERARCHY OF THE CATHOLIC CHURCH CONDEMNED ANINSTRUCTIONAL VIDEOCASSETTE ON AIDS PREPARED BY TWOFEDERAL ENTITIES AND ASKED THE GOVERNMENT TO BAN A TVSOAP OPERA DEPICTING THE LIFE OF A NUN IN UNFLATTERINGTERMS. THE GOVERNMENT REFUSED THE CHURCH'S REQUEST.

ON THE OTHER HAND: A NATIONAL DEPUTY HASINTRODUCED A BILL MAKING CENSORSHIP OF THE PRESS A

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CRIMINAL OFFENSE; A LAW WAS PASSED MAKING VIDEORECORDINGS ADMISSIBLE IN A COURT OF LAW AS EVIDENCE;AND PRESIDENT MENEM ORDERED THE STATE TV STATION TORESTORE A POLITICAL COMMENTARY PROGRAM, "LA TAPA,"WHICH HAD BEEN CANCELLED BY STATION MANAGERS AFTER ITREVEALED UNFLATTERING ASPECTS OF THE GOVERNMENT'SPURCHASE OF A NEW PRESIDENTIAL AIRCRAFT. IN A SIMILARVEIN, A FEDERAL COURT ABSOLVED THE PRODUCERS OFSATIRIC TV PROGRAM "PEOR ES NADA" OF LIBEL CHARGESBROUGHT BY A MILITARY OFFICER WHO ALLEGED THAT HE HADBEEN DEFAMED B/ A COMEDY PROGRAM ABOUT ARGENTINEPARTICIPATION IN THE PERSIAN GULF WAR. IN MARCH, IN ASUIT BROUGHT BY THE GOVERNMENT RELATED TO ANINVESTIGATION INTO THE ADULTERATION OF WINE, A FEDERALJUDGE RULED THAT IT IS NOT UNLAWFUL FOR JOURNALISTS TOINTERVIEW A FUGITIVE FROM JUSTICE, AND THAT THEJOURNALIST WHO REFUSES TO REVEAL HIS SOURCES IS NOTGUILTY OF CONCEALMENT. FINALLY, IN MAY THE SENATEAPPROVED THE LAW REPEALING A STATUTE (DESACATO)PENALIZING OFFENSES AGAINST THE DIGNITY OF A PUBLICOFFICIAL.

THE MOST SERIOUS PROBLEM IN THE AREA OF FREEDOMOF EXPRESSION IN 1993 WAS THE HEIGHTENED LEVEL OFTHREATS AND OVERT AGGRESSION AGAINST REPORTERS, RADIOAND TV STATIONS, MEDIA PERSONALITIES, UNION LEADERS,AND OPPOSITION POLITICIANS.

THE NUMBER OF REPORTED TELEPHONE THREATSINCREASED DURING THE JUNE-OCTOBER PRE-ELECTORAL TIMEFRAME. FOR EXAMPLE: JOURNALISTS WORKING FOR THENEWSMAGAZINE "SOMOS;" FOR BUENOS AIRES DAILY "LANACION;" FOR A TV STATION IN QUILMES; FOR THENEWSPAPER "LA MANANA" IN FORMOSA PROVINCE; FOR RADIOCONTINENTAL AND THE TV STATION "TELEFE" IN BUENOSAIRES; FOR "EL CRONISTA" IN BUENOS AIRES; AND DAILY"LA CAPITAL" IN ROSARIO, SANTA FE PROVINCE, ALLRECEIVED TELEPHONE THREATS. THE MOTHER OF A RADIO LAPLATA REPORTER WAS VERBALLY ASSAULTED BY ANUNIDENTIFIED MAN WHO SAID ?T HER SON WOULD DIE IF HEXAGDN(XQ(SZN'UQHE "GRANDMOTHERS OFTHE PLAZA DE MAYO" HUMAN RIGHTS GROUP; A LOCALREPRESENTATIVE OF GREENPEACE; SEVERAL TALK-SHOW HOST/;TQQPRESIDENT MENEM HIMSELF, HAVE RECEIVEDTHREATENING MESSAGES. AUTHORITIES IN OCTOBER ARRESTEDA PERSON, REPORTEDLY MENTALLY UNBALANCED WITH NO KNOWNPOLITICAL AFFILIATION, WHO HAD MADE NUMEROUSTHREATENING PHONE CALLS TO JOURNALISTS, POLITICIANS,AND OTHERS, OVER A PERIOD OF TIME.

A MOLOTOV COCKTAIL WAS THROWN AT AN FM STATION INBUENOS AIRES, AND A SIMILAR TRANSMITTER IN SANTIAGODEL ESTERO PROVINCE WAS DELIBERATELY BURNED. A FEMALEJOURNALIST IN SALTA WAS ARRESTED IN APRIL AND A TAPETHAT SHE HAD MADE DURING AN INTERVIEW WITH A PUBLIC

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OFFICIAL WAS CONFISCATED BY POLICE. A PRINT MEDIAJOURNALIST'S CAR WAS FIREBOMBED IN BUENOS AIRES INMAY, AND A REPORTER FOR "CLARIN" HAD HIS CAMERASNATCHED FROM HIM AND SMASHED BY AN UNIDENTIFIEDPERSON IN JUNE.

IN THE SAME TIME PERIOD TWO JOURNALISTS HAVE BEENATTACKED PHYSICALLY, ONE ON TWO OCCASIONS. MARCELOBONELLI, A REPORTER FOR "CLARIN" AND RADIO MITRE WHOWAS INVESTIGATING THE ACTIVITIES OF GOVERNMENT DRUG"CZAR" ALBERTO LESTELLE WAS ASSAULTED BY TWO MEN ONHIS WAY TO THE RADIO STATION. THEN-DEPUTY INTERIORMINISTER GERARDO CONTE GRAND ADMITTED THAT THE ATTACKWAS PROBABLY PART OF AN "INTIMIDATION CAMPAIGN," WHILEPRESIDENT MENEM CONDEMNED THE ATTACK, DENIED ANYOFFICAL INVOLVEMENT, AND ATTRIBUTED THE INCIDENT TOTHOSE WHO WANT TO MAKE THE GOVERNMENT LOOK BAD. THEPRESS GAVE PROMINENCE TO A STATEMENT BY THE AMBASSADORCONDEMNING THE ATTACK ON BONELLI. TO DATE HISATTACKERS HAVE NOT BEEN IDENTIFIED.

THE SECOND CASE INVOLVED JOURNALIST HERNAN LOPEZECHAGUE OF BUENOS AIRES DAILY "PAGINA 12." LOPEZECHAGUE WAS INVESTIGATING REPORTS THAT A GANG OF THUGSOPERATING OUT OF BUENOS AIRES' CENTRAL MARKET WASBEING USED TO MOBILIZE SUPPORT FOR PERONSISTS AND TOINTIMIDATE OPPONENTS. SOME REPORTS TRIED TO LINKCHAMBER OF DEPUTIES PRESIDENT ALBERTO PIERRI ANDMENEM'S FORMER AMBASSADOR IN HONDURAS, ALBERTO BRITOLIMA, WITH THE CENTRAL MARKET GROUP. BOTH HAVESTRONGLY DENIED THE ACCUSATIONS. OTHER OBSERVERS SAWTHE ATTACKS AS AN EFFORT TO DISCREDIT THE GOVERNMENTAND CREATE AN ATMOSPHERE OF INSTABILITY IN THE RUN-UPTO CONGRESSIONAL ELECTIONS IN OCTOBER.

LOPEZ ECHAGUE WAS FIRST ATTACKED BY TWO MENAUGUST 25. ON AUGUST 30 INTERIOR MINISTER CARLOSRUCKAUF ANNOUNCED THAT TWO MEN HAD BEEN ARRESTED ONSUSPICION OF CARRYING OUT THE ATTACK. THEY WERERELEASED TWO DAYS LATER, HOWEVER, AFTER LOPEZ ECHAGUEWAS UNABLE TO GIVE A POSITIVE IDENTIFICATION. INSTATEMENTS TO THE PRESS THEY DENOUNCED THE POLICE FORHAVING PLANTED INCRIMINATING EVIDENCE ON THEM AT THETIME OF THEIR ARREST. IN THE WAKE OF THE FIRST ATTACKON LOPEZ ECHAGUE, TWO RADIO STATIONS THAT REPORTED

LIMITED OFFICIAL USEEXTENSIVELY ON THE INCIDENT WERE SABOTAGED AND THEEDITORIAL CHIEF FOR "LA CAPITAL" IN ROSARIO, ALBERTOVILA ORTIZ, WAS THREATENED BY AN ANONYMOUS CALLER.

LOPEZ ECHAGUE WAS ATTACKED A SECOND TIME ONSEPTEMBER 9 IN A BUENOS AIRES SUBURB. TWO MEN FORCEDHIM INTO A CAR WHERE, WITH THE HELP OF A THIRD, THEYBLUDGEONED HIM UNCONSCIOUS. HE WAS THEN DRIVEN

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SEVERAL BLOCKS AND DUMPED. PRESIDENT MENEM ANDGOVERNMENT OFFICIALS STRONGLY CONDEMNED BOTH ATTACKSAND ATTRIBUTED THEM TO UNSPECIFIED ENEMIES OF THEGOVERNMENT ATTEMPTING TO UNDERMINE ITS SUPPORT PRIORTO THE OCTOBER ELECTIONS. THE AMBASSADOR PUBLICLYCRITICIZED THE ATTACK. THE GOVERNMENT ALSO OFFEREDPOLICE PROTECTION TO THE JOURNALIST, WHO ACCEPTED ITONLY AT HIS RESIDENCE.

AN ALLEGED WITNESS APPEARED SEVERAL DAYS LATER,ON A TV PROGRAM, AND PROVIDED THE LICENSE PLATE NUMBEROF THE VEHICLE. A SEARCH OF PROVINCIAL RECORDSREVEALED THAT A SIMILAR AUTOMOBILE WAS REGISTERED TOTHE BUENOS AIRES PROVINCIAL GOVERNMENT. OFFICIALRECORDS, HOWEVER, INDICATED THAT THE GOVERNMENTVEHICLE HAD NOT BEEN USED THE NIGHT OF THE ATTACK.A/SO, IT IS NOT UNCOMMON TO FIND FA/SE LICENSE PLATESON VEHICLES HERE. THE CREDIBILITY OF THE WITNESS HASBEEN QUESTIONED, INCLUDING BY GOVERNOR DUHALDE, WHOOFFERED A $40,000 REWARD FOR INFORMATION LEADING TOTHE ARREST OF THE ASSAILANTS. MENEM APPOINTED ASPECIAL PROSECUTOR TO INVESTIGATE THE CASE AND A NEWINTERVENTOR OF THE CENTRAL MARKET, BUT AS OF EARLYOCTOBER THE IDENTITY OF LOPEZ ECHAGUE'S ASSAILANTS WASUNKNOWN.

IN THE WAKE OF THE SECOND ATTACK ON LOPEZECHAGUE, A REPORTER FOR AN FM STATION IN CORDOBA WASATTACKED BY TWO UNIDENTIFIED MEN, AND NEW PHONETHREATS WERE REGISTERED AGAINST A TV TALK SHOWHOSTESS, PRESIDENT MENEM, A REPORTER FOR A NEWSPAPERIN MENDOZA, AND A JOURNALIST WORKING FOR WEEKLYNEWSMAGAZINE "SOMOS."

IN JUNE, A GOVERNMENT INITIATIVE WAS WIDELYCONDEMNED AS AN EFFORT TO MUZZLE THE INDEPENDENTPRESS. AN OFFICIAL COMMUNIQUE JUNE 18 ANNOUNCED THEGOVERNMENT'S INTENTION TO SEEK A NEW RADIOBROADCASTING LAW; TO LICENSE NEW TV STATIONS; TOENFORCE LEGAL PROVISIONS REGARDING RADIO AND TVTRANSMITTING; TO ENSURE EQUAL ACCESS TO NEWSPRINT; ANDTO ENFORCE ANTI-MONOPOLY LAWS. THE COMMUNIQUE STATES,AS THE GOVERNMENT'S OBJECTIVE, TO PREVENT THE KIND OFMONOPOLY OVER INFORMATION THAT CHARACTERIZED ARGENTINABEFORE THE RETURN TO DEMOCRACY IN 1983.

THE MEDIA REACTION WAS IMMEDIATE AND NEGATIVE.ADEPA AND THE INTER-AMERICAN PRESS SOCIETY EXPRESSEDCONCERN. THE DAY AFTER THE COMMUNIQUE APPEARED, TWOOF MENEM'S MINISTERS DENIED THAT THE GOVERNMENT WASSEEKING TO CONTROL THE MEDIA. ON JUNE 21 THEPRESIDENT RATIFIED HIS PLANS TO SEND LEGISLATION TOCONGRESS THAT WOULD IMPOSE LIMITATIONS ON RADIOBROADCASTING. AS OF EARLY OCTOBER, HOWEVER, THE BILLHAS NOT BEEN SENT TO CONGRESS.

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CLOSE ON THE HEELS OF THE CONTROVERSY OVER MEDIACONTROL, AN APPARENT EFFORT ON THE PART OF SOMEELEMENTS IN THE GOVERNMENT TO MONITOR POLITICALCORRECTNESS AMONG STUDENTS AND TEACHERS CAME TOLIGHT. IN LATE JUNE, ACCORDING TO PRESS SOURCES, THEQUILMES (GREATER BUENOS AIRES) REGIONAL HEADQUARTERSOF THE PROVINCIAL POLICE SENT ORDERS TO LOCAL POLICESTATIONS IN SEVERAL WORKING-CLASS SUBURBS ADJACENT TOTHE FEDERAL CAPITAL, INSTRUCTING THEM TO COORDINATEWITH PUBLIC HIGH SCHOOLS TO GATHER INFORMATION ONSTUDENT POLITICAL ACTIVITIES AND IDEOLOGIES. THEPRESS AND MEDIA DENOUNCED THE MEASURE AS REPRESSIVE,WHILE SOME ARGUED THAT THE ORDERS HAD BEENMISINTERPRETED BY SUBORDINATES. ACTING QUICKLY,GOVERNOR EDUARDO DUHALDE SUSPENDED SEVERAL QUILMESOFFICERS AND DENOUNCED THE ATTEMPT TO GATHERINFORMATION ON STUDENTS AS HARKING BACK TO "AN OBSCUREAND PAINFUL ERA." A FEDERAL JUDGE CHARGED WITHINVESTIGATING THE QUILMES INITIATIVE TOLD THE PRESSTHAT HE WAS OF THE OPINION THAT IT WAS A POLITICAL,RATHER THAN A POLICE, INITIATIVE, AND THAT THE QUILMESAUTHORITIES WERE ONLY OBEYING ORDERS. EVIDENCE OFSIMILAR ISOLATED ATTEMPTS TO GATHER INFORMATION ONSTUDENT ACTIVITIES SUBSEQUENTLY SURFACED IN SEVERALOTHER LOCALES OF BUENOS AIRES PROVINCE, AND IN THEPROVINCES OF NEUQUEN, CORRIENTES, MISIONES, CORDOBAAND TUCUMAN.

IN RESPONSE, THEN-INTERIOR MINISTER GUSTAVO BELIZANNOUNCED IN LATE JUNE THAT HE WOULD SEND A BILL TOCONGRESS TO ALLOW THE OPENING OF SECURITY ARCHIVES ANDDISMISSED THE MATTER AS A "BUREAUCRATIC MISTAKE." HELATER TESTIFIED IN A JUDICIAL INQUIRY INTO THE MATTERTHAT THE ORDER TO UPDATE INTELLIGENCE FILES HAD BEENISSUED UNDER HIS PREDECESSOR.

B. FREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATION.-- THE CONSTITUTION AND LAWS OF ARGENTINA GUARANTEETHE RIGHT OF GROUPS AND POLITICAL PARTIES TO ASSEMBLEAND DEMONSTRATE. RETIREES EXERCISE THIS RIGHT EVERYWEDNESDAY IN DEMONSTRATIONS IN FRONT OF CONGRESS TOPROTEST THE GOVERNMENT'S FAILURE TO MAKE UP BACKPAYMENTS ON PENSIONS. PUBLIC SCHOOL TEACHERS,STUDENTS, GAY RIGHTS GROUPS, FARMERS, POLITICALACTIVISTS, AND OTHER ORGANIZATIONS ALSO HAVE EXERCISEDTHIS RIGHT, GENERALLY WITHOUT INTERFERENCE.NEVERTHELESS, LOCAL AUTHORITIES SOMETIMES INTERPRETTHESE CONSTITUTIONAL PROTECTIONS MORE RESTRICTIVELY,AS IN THE CASE OF 25 GOVERNMENT WORKERS UNION MEMBERSWHO WERE DETAINED BRIEFLY IN JUJUY PROVINCE INSEPTEMBER FOR DEMONSTRATING IN DEMAND OF BETTER WAGES.

C. FREEDOM OF RELIGION. -- THE CONSTITUTIONPROVIDES FOR THE FREE EXERCISE OF RELIGION BUT GIVES

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THE ROMAN CATHOLIC CHURCH A PRIVILEGED POSITION INSOCIETY. ONLY A ROMAN CATHOLIC MAY BE ELECTEDPRESIDENT AND MANY INSTITUTIONS ARE, IN PRACTICE,CLOSED TO JEWS. MISSIONARIES ARE FREE TO PROSELYTIZEIN ARGENTINA, PROVIDED THEY REGISTER WITH THESECRETARIAT OF WORSHIP IN THE FOREIGN MINISTRY. THENUMBER OF PROTESTANT AND EVANGELICAL GROUPS HASRISEN. THE U.S.-BASED SECT KNOWN AS CHILDREN OF GODALLEGED RELIGIOUS PERSECUTION FOLLOWING THE ARREST INSEPTEMBER OF SEVERAL MEMBERS ON CHILD ABUSE AND CHILDCUSTODY CHARGES MADE AGAINST THE GROUP BY SEVERALEX-MEMBERS, INCLUDING UNITED STATES CITIZENS. THEPROSECUTION OF SECT MEMBERS IS SIMILAR TO ACTIONSTAKEN AGAINST THEIR COUNTERPARTS IN FRANCE, SPAIN, ANDAUSTRALIA. THE CHARGES WERE BASED ON A LENGTHYINVESTIGATION. OTHER RELIGIOUS GROUPS CONTINUE TO

LIMITED OFFICIAL USEENJOY BROAD FREEDOM.

THERE WERE FEWER INCIDENTS OF OVERT ANTI-SEMITISMIN 1993 THAN IN PREVIOUS YEARS. A JEWISH CEMETERY INFORMOSA PROVINCE WAS DESECRATED IN LATE IN 199/, ANDIN SEPTEMBER 1993 THE LARGE CEMETERY AT LA TABLADA,BUENOS AIRES PROVINCE WAS VANDALIZED. SIMILARLY, INAPRIL 1993 A ROMAN CATHOLIC CHURCH IN THE AFFLUENTBUENOS SUBURB OF MARTINEZ WAS VANDALIZED. IMAGES ANDFURNISHINGS WERE DESTROYED AND AN ANIMAL WASSACRIFICED IN FRONT OF THE MAIN ALTAR. THEGOVERNMENT'S DECISION IN 1992 TO MAKE OLD FILESPURPORTEDLY DEALING WITH THE IMMIGRATION OF ANESTIMATED 60,000 FORMER NAZIS TO ARGENTINA AFTER WORLDWAR II MADE THE NEWS AGAIN IN 1993, WHEN THE LOCALJEWISH COMMUNITY AND OTHERS CRITICIZED THEGOVERNMENT'S FAILURE TO FOLLOW THROUGH WITH MEANINGFULACCESS TO RECORDS, INCLUDING CENTRAL BANK ARCHIVESTHAT MAY CONTAIN EVIDENCE OF LARGE CURRENCY TRANSFERSTO ARGENTINE IN THE IMMEDIATE POST-WW II ERA.

D. FREEDOM OF MOVEMENT WITHIN THE COUNTRY,FOREIGN TRAVEL, EMIGRATION, AND REPATRIATION. --DOCUMENTED INTERNATIONAL TRAVEL, INTERNAL TRAVEL, ANDEMIGRATION REMAIN UNRESTRICTED. THE GOVERNMENT ISWORKING ON A PROGRAM TO ALLOW THE REPATRIATION OF ASMALL NUMBER OF ARGENTINE-BORN ETHNIC UKRANIANS ANDOTHERS FROM THE EX-SOVIET UNION. IN APRIL 11 UKRANIANCHILDREN ARRIVED IN ARGENTINA FOR MEDICAL TREATMENT,THE FIRST TRANCHE OF THIS PROPOSED REPATRIATIONPROGRAM. THE GOVERNMENT TRIES TO CONTROL ILLEGALIMMIGRATION. IN EARLY 1993 AN AVERAGE OF 50UNDOCUMENTED BOLIVIAN PEASANTS WERE EXPELLED MONTHLYFROM NORTHERN ARGENTINA ALLEGEDLY BECAUSE OF THETHREAT OF CHOLERA INFECTION, ACCORDING TO PRESSSOURCES.

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REFLECTING GROWING UNEASINESS OVER UNEMPLOYMENTAND THE INFLUX OF LEGAL AND ILLEGAL IMMIGRANTS, INAUGUST THE GOVERNMENT ANNOUNCED THE CREATION OF ANATIONAL COUNCIL ON POPULATION TO COORDINATEIMMIGRATION POLICY AT THE FEDERAL LEVEL. THEGOVERNMENT IS ALSO CONSIDERING THE POSSIBILITY OFINTRODUCING CHANGES IN ARGENTINA'S IMMIGRATIONLEGISLATION THAT WOULD MAKE IT ILLEGAL FOR EMPLOYERSTO HIRE ILLEGAL IMMIGRANTS. IN SEPTEMBER TWO PERONIST

LIMITED OFFICIAL USELABOR UNION-AFFILIATED DEPUTIES INTRODUCED A BILL THATWOULD RESTRICT ACCESS TO JOBS TO NATIVE-BORN ANDNATURALIZED ARGENTINES.

B. SECTION 3. RESPECT FOR POLITICAL RIGHTS: THE RIGHTOF CITIZENS TO CHANGE THEIR GOVERNMENT

FOR OVER A DECADE ARGENTINA HAS HELD PERIODIC,FREE ELECTIONS TO CHOOSE FEDERAL, PROVINCIAL AND LOCALOFFICIALS. UNIVERSAL, ADULT SUFFRAGE IS OBLIGATOR/ INNATIONAL ELECTIONS. FOR THE OCTOBER 1993 ELECTIONS TOCHOOSE ONE HALF OF THE CHAMBER OF DEPUTIES THE 1991LAW MANDATING THAT 30 PERCENT OF THE CANDIDATES ONPARTY LISTS BE WOMEN WAS IN FORCE. IN LATE SEPTEMBERTHE SUPREME COURT RULED THAT A WOMAN CANDIDATE FOR THECHAMBER OF DEPUTIES FOR ENTRE RIOS PROVINCE SHOULD BERANKED HIGH ENOUGH ON THE PERONIST PARTY LIST OFCANDIDATES TO GIVE HER REASONABLE ASSURANCE, BASED ONTHE NUMBER OF DEPUTIES THAT THE PARTY RETURNED IN THE1991 ELECTIONS, THAT SHE WOULD BE ELECTED.

9. SECTION 4. GOVERNMENTAL ATTITUDE REGARDINGINTERNATIONAL AND NONGOVERNMENTAL INVESTIGATIONS OFALLEGED VIOLATIONS OF HUMAN RIGHTS.

THERE HAVE BEEN NO REQUESTS BY INTERNATIONAL ORNONGOVERNMENTAL ORGANIZATIONS TO INVESTIGATE, IN SITU,.HUMAN RIGHTS ABUSES IN ARGENTINA THIS YEAR. THEGOVERNMENT'S ATTITUDE IN THIS REGARD, HOWEVER, IS ONEOF OPENNESS AND COOPERATION. THE HUMAN RIGHTSSECRETARIAT IN THE INTERIOR MINISTRY HAS INVITED THEUN HUMAN RIGHTS RAPPORTEUR TO VISIT ARGENTINA TO STUD/THE INSTANCES OF VIOLENCE AND THREATS AGAINS THEMEDIA, AND HAS OFFERED TO HOST THE ANNUAL MEETING OFTHE OAS HUMAN RIGHTS COMMISSION, SCHEDULED FORDECEMBER.

10. SECTION 5. DISCRIMINATION BASED ON SEX, RACE,RELIGION, DISABILITY, LANGUAGE, OR SOCIAL STATUS.

THE LAW PROHIBITS DISCRIMINATION ON THE ABOVECRITERIA. THE CONSTITUTION AND CIVIL CODE PROVIDE FOR

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FULL PARTICIPATION IN THE NATIONAL POLITICAL PROCESS,REGARDLESS OF SEX, ETHNIC BACKGROUND, OR NATIONALORIGIN. THERE IS NO EVIDENCE OF A SYSTEMATIC EFFORTTO ABRIDGE THESE RIGHTS BY THE FEDERAL OR LOCALGOVERNMENTS, OR BY PRIVATE GROUPS OR INDIVIDUALS. THEIMPLEMENTATION OF THE LAW RESERVING 30 PERCENT OF THEPLACES ON ALL NATIONAL ELECTORAL BALLOTS FOR WOMEN ISDEALT WITH IN SECTION 3 ABOVE.

ARGENTINA'S INDIGENOUS POPULATION, ESTIMATED AT100,000, IS CONCENTRATED AT THE NORTHERN AND SOUTHERNEXTREMITIES OF THE COUNTRY. THE PROVINCE WITH THEHIGHEST CONCENTRATION OF INDIGENOUS PEOPLES, CHACO --IN THE NORTH -- HAS A POPULATION OF ABOUT 30,000NATIVE PEOPLES DIVIDED INTO THREE NATIONS. LIKE MOSTOF ARGENTINA'S INDIGENOUS PEOPLES, THEIR INDICES OFUNDERNOURISHMENT, ILLITERACY, TUBERCULOSIS AND OTHERDISEASES, AND UNEMPLOYMENT ARE HIGHER THAN NATIONALAVERAGES. IN 1987 THE ARGENTINE CONGRESS PASSED A LAWDESIGNED TO RETURN INDIAN LANDS. IN 1990 PRESIDENTMENEM IMPLEMENTED A 1924 LAW GRANTING SOME 150,000HECTARES OF LAND TO ONE OF THE CHACO NATIONS ANDBUDGETED THE EQUIVALENT OF 150,000 DOLLARS TOUNDERTAKE A SURVEY AND DELIMITATION OF INDIVIDUALPLOTS. BUREAUCRATIC AND POLITICAL PROBLEMS HAVE THUSFAR PREVENTED IMPLEMENTATION OF THIS MEASURE.

DISABLED PERSONS' RIGHTS ARE PROTECTED BY LAW,AND SOME PROVISIONS HAVE BEEN MADE (I.E. CURB RAMPS INSOME URBAN AREAS) TO ACCOMODATE PERSONS WITH PHYSICALDISABILITIES. THE MEDIA GENERALL/ HIGHLIGHT INSTANCESIN WHICH THE RIGHTS OF THE DISABLED APPEAR TO BEVIOLATED OR IGNORED, SUCH AS IN THE CASE OF A 19-YEAROLD WOMAN IN BUENOS AIRES WITH DOWNS S/NDROME WHO WASBANNED FROM VOTING IN THE OCTOBER ELECTIONS. SUCHREPORTS ARE INFREQUENT.

11. SECTION 6. WORKER RIGHTS

A. THE RIGHT OF ASSOCIATION. -- THE LABORMOVEMENT IS ORGANIZED IN A LARGE, NATIONAL LABORCENTRAL, THE GENERAL LABOR CONFEDERATION (CGT), ANDREPRESENTS ABOUT ONE-THIRD OF THE WORK FORCE. EACHPROVINCE HAS A LOCAL CGT, AND SOME LARGE NATIONALUNIONS (COMMERCIAL WORKERS, AUTOMOBILE WORKERS,METALLURGICAL WORKERS, LIGHT AND POWER WORKERS, ETC.)ARE SIGNIFICANT ECONOMIC AND POLITICAL POWERS. SOMEFACTIONS OF THE CGT HAVE BEEN QUITE HOSTILE TO THEMENEM GOVERNMENT'S PROPOSED REFORM OF LAWS GOVERNINGLABOR, SOCIAL SECURITY, AND SOCIAL WELFARE BECAUSETHEY WERE PERCEIVED AS A THREAT TO THE TRADITIONALECONOMIC AND POLITICAL POWER OF PERONIST LABOR. INRESPONSE, AND WITH AN EYE TO THE OCTOBER ELECTIONS,

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THE GOVERNMENT HAS SOFT-PEDALLED THESE INITIATIVES,THUS HELPING TO SOLIDIFY MENEM'S SUPPORT AMONGTRADITIONALLY PERONIST ORGANIZED LABOR. UNIONS HAVETHE RIGHT TO STRIKE, SUBJECT TO COMPULSORYCONCILIATION AND ARBITRATION BY THE LABOR MINISTRY.SEVERAL UNIONS, ESPECIALLY EDUCATION WORKERS,EXERCISED THAT RIGHT IN 1993 WITHOUT GOVERNMENTINTERFERENCE. ARGENTINE UNIONS ARE FREE TO ASSOCIATEINTERNATIONALLY, AND SOME LEADERS PLAY AN ACTIVE ROLEIN REGIONAL AND INTERNATIONAL LABOR ORGANIZATIONS.

B. THE RIGHT TO ORGANIZE AND BARGAINCOLLECTIVELY. -- THESE RIGHTS ARE EFFECTIVELYPROTECTED BY FEDERAL LAW THROUGHOUT THE COUNTRY.COMPLIMENTARY PROVINCIAL LABOR LAWS OFTEN GO BEYONDTHESE RIGHTS, AND ANTI-LABOR PRACTICES AREPROHIBITED. LABOR AND MANAGEMENT ARE LEGALLY BOUND BYCOLLECTIVE BARGAINING AGREEMENTS WHICH, IN THEORY, SETBASIC WAGE LEVELS AND WORKING CONDITIONS ON ANINDUSTRY-WIDE BASIS. IN PRACTICE, PARTICULARLY IN THELAST FIVE YEARS, THESE AGREEMENTS HAVE TENDED TO BELESS GLOBAL IN THEIR SCOPE, WITH THE CURRENT TREND INBOTH PRACTICE AND THEORY MOVING TOWARD COMPANY- AND INSOME CASES REGION-SPECIFIC AGREEMENTS. THE FEDERALGOVERNMENT'S ROLE IN THIS PROCESS IS LIMITED TORATIFIYING THESE CONTRACTS TO GIVE THEM LEGAL STATUS.

WITH REGARD TO THE GOVERNMENT REFORM INITIATIVESMENTIONED IN 6A., THE FEBRUARY 1992 PROPOSAL TOCENTRALIZE GOVERNMENT CONTROL OVER PA/ROLL DEDUCTIONSFOR UNION-MANAGED SOCIAL WELFARE FUNDS AND TO ALLOWUNION MEMBERS FREE CHOICE IN SELECTING HEALTH CAREPROGRAMS HAS NOT BEEN IMPLEMENTED, PRIMARILY BECAUSEOF FIERCE UNION OPPOSITION TO THE IDEA. SOCIALSECURIT/ REFORM, INCLUDING THE AUTHORIZATION FORPRIVATE RETIREMENT FUNDS, WAS PASSED BY CONGRESS INSEPTEMBER. THE GOVERNMENT ALSO INTRODUCED IN 1993 ABILL TO REFORM ARGENTINA'S COMPLEX AND RESTRICTIVELABOR LAWS, TO GIVE EMPLOYERS MORE FLEXIBILITY INHIRING AND FIRING WORKERS AS A MEANS OF INDUCING THEMTO CREATE NEW JOBS.

THERE ARE NO OFFICIALLY DESIGNATED EXPORTPROCESSING ZONES IN ARGENTINA.

C. PROHIBITION OF FORCED OR COMPULSORY LABOR. --FORCED OR COMPULSORY LABOR IS ILLEGAL AND IS NOT KNOWNTO BE PRACTICED.

D. MINIMUM AGE FOR THE EMPLOYMENT OF CHILDREN. --EMPLOYMENT OF CHILDREN UNDER 14 YEARS OF AGE, EXCEPTWITHIN THE FAMILY, IS ILLEGAL. MINORS AGED 14 TO 18

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MAY WORK IN RESTRICTED TYPES OF EMPLOYMENT WITH REGARDTO HOURS AND SAFETY/HEALTH CONDITIONS, ALTHOUGHEXCEPTIONS ARE ALLOWED IN CASE OF EXTREME NECESSITY.ALTHOUGH THERE IS NO CORROBORATING DATA, THE RECENTINCREASE IN THE LEVEL OF UNEMPLOYMENT HAS ENCOURAGEDSOME FAMILIES TO SEND THEIR CHILDREN OUT TO SEEK WORK,OFTEN RESULTING IN THE ILLEGAL EMPLOYMENT OF MINORS.FEDERAL AND PROVINCIAL LABOR AUTHORITIES ARE NOTWELL-EQUIPPED TO COPE WITH THIS SITUATION DUE TOBUDGETARY AND PERSONNEL LIMITATIONS.

E. ACCEPTABLE CONDITIONS OF WORK. -- FEDERALLABOR LAWS CONTAIN ELABORATE, ALBEIT SOMEWHATINFLEXIBLE, PROVISIONS FOR GUARANTEEING ACCEPTABLECONDITIONS OF WORK, ESPECIALLY WITH REGARD TO HOURS,REST PERIODS, SAFETY AND HEALTH, AND JOB SECURITY.THE MAXIMUM WORK DAY IS EIGHT HOURS, THE MAXIMUM WORKWEEK IS 48 HOURS. PREMIUMS ARE PAID FOR WORK BEYONDTHOSE LIMITS, WHICH IS FREQUENTLY THE CASE NOW, ASEMPLOYERS SEEK GREATER PRODUCTIVITY WITHOUT HAVING TOACQUIRE LEGAL OBLIGATIONS TO NEW WORKERS UNDER THEPRESENT SYSTEM. THE LABOR REFORM BILL INTRODUCTED INCONGRESS IN 1993 WOULD GIVE MANAGEMENT MOREFLEXIBILITY TO HIRE AND FIRE, MORE CONTROL OVER HOURSAND VACATIONS, AND WOULD FURTHER REDUCE THEGOVERNMENT'S ROLE IN LABOR-MANAGEMENT RELATIONS. IN THEORY, HOWEVER, THEPROPOSED CHANGES DO NOT APPEAR TO VIOLATEINTERNATIONALLY ACCEPTABLE CONDITIONS OF WORK.

FEDERALLY-LEGISLATED OCCUPATIONAL AND HEALTHSTANDARDS ARE COMPARABLE TO THOSE OF INDUSTRIALIZEDCOUNTRIES, BUT THE FEDERAL GOVERNMENT AND MANYPROVINCIAL GOVERNMENT LACK THE RESOURCES AND TRAININGTO ENFORCE THESE STANDARDS, DESPITE UNION VIGILANCEAGAINST VIOLATIONS. WORKER LAWSUITS PROVOKED BYON-THE-JOB INJURY OR JOB-RELATED DISABILITY ARE STILLA MAJOR INDUSTRY, AND THE PERCENTAGE OF ARGENTINERETIREES ON DISABILITY, BOTH LEGITIMATE ANDQUESTIONABLE, IS PROBABLY THE HIGHEST IN THE WESTERNHEMISPHERE. A LARGE PERCENTAGE OF THE WORK FORCE,INCLUDING CHILDREN, IS EMPLOYED IN SMALL OWNER-OPERATED ENTERPRISES, MAKING IT DIFFICULT FOR THEGOVERNMENT TO ENFORCE WORKERS' RIGHTS AS WELL ASHEALTH AND SAFETY STANDARDS.

CHEEK

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