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Day of Respect for Cultural Diversity: Reflections on the Past and Challenges for the Future

Day of Respect for Cultural Diversity: Reflections on the Past and Challenges for the Future

By Giuliana Gallo

On October 12, Argentina commemorates the Day of Respect for Cultural Diversity. Decree 1584/2010 changed the name of this holiday, previously known as “Día de la Raza” (Day of the Race), with the goal of recognizing the diverse cultures that enrich our continent. It is worth mentioning and acknowledging our Indigenous peoples, sources of culture and identity.

The Indigenous population in Argentina is estimated to have been around 500,000 people from 30 different groups in pre-Columbian times. According to the 2022 National Census, 1,306,730 people now identify as belonging to Indigenous groups, representing approximately 2.9% of the country’s total population. These Indigenous peoples are spread throughout the country and, as of August 2023, are organized into 1,837 communities. These communities are connected to more than 40 Indigenous groups, with identification based on self-recognition. Most communities are located in rural areas, where they often face social-territorial tensions and various risks related to environmental and socio-political conditions in those regions.

Legislation has advanced in recognizing the rights of Indigenous peoples. Below is a brief overview of the most important national and international regulations:

Article 75, Clause 17 of the National Constitution recognizes the ethnic and cultural preexistence of Indigenous peoples, guaranteeing essential rights such as cultural identity, bilingual and intercultural education, legal recognition of Indigenous communities, communal ownership and possession of land, as well as their participation in natural resource management. In addition, Law 25,517 mandates the restitution of Indigenous remains kept in museums and collections to the communities that request them. Both national and international legal frameworks address several Indigenous rights.

Law 23,302 ensures the right to the possession and communal ownership of land, stating that the lands allocated to Indigenous communities must be sufficient for their development and use. These lands cannot be sold, rented, or subdivided without proper authorization. To support these communities, a special assistance fund will remain in place until 2025. The same law also protects education and health: primary education must be provided in the Indigenous mother tongue for the first three years, followed by bilingual education at subsequent levels. Furthermore, educational policies include the teaching of modern agricultural and industrial techniques to Indigenous communities.

As for health, Indigenous communities benefit from mobile hospitals for isolated areas, the integration of traditional Indigenous medicine into national health plans, and the free distribution of essential medications. Law 26,994 establishes a registry of Indigenous names to help preserve cultural identity. However, this registry has been used less since 2015 due to a modification in the National Civil and Commercial Code, which now allows the registration of Indigenous or Indigenous-derived names under Article 63, Clause C.

The National Institute of Indigenous Affairs (INAI), established in 1985, is the body responsible for implementing public policies and ensuring compliance with Indigenous-related legislation. Additionally, INAI’s integration into SINAGIR (National System for Comprehensive Risk Management and Civil Protection) through Technical Commission No. 18 represents significant progress in disaster risk management affecting Indigenous communities specifically. The National Disaster Risk Reduction Plan aims to define, execute, and promote public policies aimed at preventing or reducing disaster risks, particularly those related to the threats Indigenous communities face.

INAI’s role includes managing the National Registry of Indigenous Communities, allocating and overseeing the use of land for Indigenous groups, building housing in both rural and urban areas, conducting land surveys of territories occupied by Indigenous communities, and implementing Law 26,160, which declares an emergency regarding Indigenous land possession and ownership and prohibits evictions until 2025.

Moreover, Argentina has ratified several international agreements that strengthen these rights. For example, the Convention on Biological Diversity (Article 8 j) calls for the protection and preservation of traditional knowledge, ensuring that Indigenous communities can participate in the benefits derived from their knowledge. Similarly, the United Nations Declaration on the Rights of Indigenous Peoples (2007) acknowledges their right to control and protect their cultural heritage, knowledge, and territories.

Consequently, several key principles regarding Indigenous rights emerge from Argentina’s laws, institutions, and public policies:

  • Self-governance and self-determination are central, allowing Indigenous communities to manage their internal affairs and decide their political, social, and cultural paths.
  • The principle of free, prior, and informed consultation ensures that Indigenous peoples actively participate in decisions affecting their lands and resources, while differentiated participation guarantees that their voices are heard in political processes.
  • Communal land ownership is crucial, with the state responsible for the delimitation and titling of Indigenous territories to protect them against external threats.
  • Indigenous communities also have the right to use and control natural resources on their lands, promoting sustainability.
  • Cultural diversity and the right to cultural identity are protected, allowing Indigenous peoples to preserve their languages, traditions, and customs.
  • In cases of rights violations, restitution and compensation ensure redress for lost lands or resources.
  • Finally, sustainable development promotes economic growth while respecting Indigenous cultures and environmental balance.

In summary, although Argentina has made significant strides in the protection and recognition of Indigenous peoples’ rights, important challenges remain. The effective implementation of these rights requires a sustained commitment from the state to ensure that policies and regulations are enforced nationwide, promoting respect for cultural diversity and strengthening the active participation of Indigenous communities in decision-making.

To meet these objectives, the Argentine state must continue to strengthen coordination between the national and provincial governments, as well as the dialogue with Indigenous communities, ensuring that their voices are a fundamental part of development processes. The state’s commitment should focus not only on legislation but also on the practical application of these rights, so that Indigenous communities can thrive in an environment that respects their identity, autonomy, and fundamental rights.

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For further information please contact ggallo@ojambf.com

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