Alejandro Frigerio indicated that initially, the Afro-descendant population was simply
invisible.22 Subsequently, a negative perception of the population gave rise to "widespread
racism that is generally tacit in nature."23 He clarified that although this discrimination was
not overt, “that does not mean that it was not intense, and that it could not lead to outbreaks
of violence in which race was a relevant factor."24
34. This erasure of this population and its problems is also reflected in the map of
discrimination prepared by the National Institute against Discrimination, Xenophobia and
Racism (INADI), showing that 38% of people interviewed in 2014 admitted to feelings of
aversion toward people of African descent, but with only 3% recognizing that this group was
the most impacted by racial discrimination. However, 61% of the persons of African descent
interviewed acknowledged having been victims of discrimination.25
35. This situation obscured for many years the reality of long-standing structural racism
that persists to this day. This was indicated by the Report of the Working Group of Experts
on People of African Descent, where it stated that "the denial of the existence of AfroArgentines is linked to the country’s view of itself ‘as a country of Europeans,’” and “such
narratives have sought to perpetuate the long-standing invisibility and persistent structural
discrimination against Afro-Argentines, people of African descent and Africans to the present
day.”26
36. In 2001, analyzing the report presented by Argentina, the United Nations Committee
for the Elimination of Racial Discrimination expressed concern about "the existence of
xenophobic attitudes towards immigrants, primarily those from neighbouring countries,
asylum-seekers and persons of African descent.”27 In its Concluding Observations on the
combined 21 to 23 periodic reports of Argentina, this same Committee stated, in 2017, that
“it continues to be concerned about the structural discrimination of which indigenous peoples
and Afro-descendants continue to be victims, as well as the invisibility the latter face
regarding their rights.”28
A.2. Context of police violence and use of racial profiling
37. In this case, the context of racial discrimination is combined with a context of police
violence in the form of indiscriminate detentions. In the case of Bulacio v. Argentina, which
Cf. Expert opinion given before a notary public by Alejandro Frigerio on March 2, 2020 (evidence file,
folio 1421).
22
23
1427).
24
1441).
Expert opinion given before a notary public by Alejandro Frigerio on March 2, 2020 (evidence file, folio
Expert opinion given before a notary public by Alejandro Frigerio on March 2, 2020 (evidence file, folio
Cf. INADI. Mapa Nacional de la discriminación. 2da edición. 2014, pg. 26. Cited by the Report of the
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, Mr. Mutuma Ruteere, on his mission to Argentina, UN Doc. A/HRC/35/41/Add.1. April 18, 2017,
para. 61.
25
Report of the Working Group of Experts on People of African Descent, Visit to Argentina, UN Doc.
A/HRC/42/59/Add.2, August 14, 2019, para. 9.
26
Committee on the Elimination of Racial Discrimination, Consideration of reports submitted by States
Parties under Article 9 of the Convention: Concluding observations, UN Doc. CERD/C/304/Add.112, April 27,
2001, obs. 13.
27
Committee on the Elimination of Racial Discrimination. Concluding observations on the combined
twenty-first to twenty-third periodic reports of Argentina, UN Doc. CERD/C/ARG/CO/21-23, January 11, 2017,
obs. 6.
28
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