On 31 March 2020, this measure was extended until 12 April 2020, through a Decree of Necessity and Urgency, with some modifications, including the possibility for nationals and residents to gradually return to the national territory. In November 2004, Argentina ratified the Optional Protocol to the Convention against Torture (OPCAT) and in November 2012, it designated the National Penitentiary Office (Ombudsman Institution) as National Preventive Mechanism (NPM) through Law 26.827 (Ley 26.827, Mecanismo Nacional de Prevencin de la Tortura y Otros Tratos o Penas Crueles, Inhumanos o Degradantes). If you need legal advice, you can contact the Office of Legal Aid for Refugees and Refugee Status Applicants Programme, at the Argentine Public Defenders Office (Res.

No. The repeal of the decree was welcomed by several international human rights monitoring bodies, including the Committee on Migrant Workers (CMW), the Committee on the Rights of the Child (CRC), and the Committee against Torture.

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2017, Committee on the Elimination of Racial Discrimination Applying for a refugee status in Argentina. Unidad 31 Centro Federal de Detencin de Mujeres (Nuestra Seora del Rosario de San Nicolas); Escuadrn Seguridad Vital San Justo; Polica de Seguridad Aeroportuaria, Aeropuerto Internacional de Ezeiza (Ministro Pistarini International Airport); Centro de Alojamiento (Buenos Aires). &S.l3'5``qU@HA-  %[_kw@AA[>YDV ;Hs 0000008420 00000 n In early 2021, Argentina repealed Decree 70/2017, a controversial law that introduced modifications to the countrys migration law (Law N25.871), including provisions on expedited removal. 770/12). Of course, you can do this only if you have met the rest of the requirements. 2017, Committee on the Elimination of Racial Discrimination [18], With the onset of the Covid-19 crisis in early 2020, Argentina closed its borders to both nationals and non-nationals. Copyright 2022 Kier Joffe. 0000011749 00000 n You have to do this continuously until you get a final decision about your status. Argentina does not have dedicated immigration detention centres and does not emphasise detention in its immgration policies. 0000019828 00000 n Article 72 further stipulates that the NDM will request the intervention of the competent health authority so that the retention of foreigners suffering from psychophysical impairments or requiring specialised or continuous medical care is appropriate. CCxQkNIuDxl+m$B>s%i5/Gu-XcC'"jiQFO}_>C!IG]85Zt#hRHFl}! a a8A~ DI{2G5Kc&r#p rXOqX\Tj#\,Ha5[oU$A#'(O CVu$wHCHr=\(9R3Q!,ndQ[1

5 on Migrants Human Right to Liberty and their Protection from Arbitrary Detention questionnaire, December 2018, https://www.ohchr.org/EN/HRBodies/CMW/Pages/GC5.aspx, [29] Procuracin Penitenciaria de la Nacin, La situacin de los derechos humanos en las crceles federales de la Argentina, Informe Anual 2017, https://www.ppn.gov.ar/pdf/publicaciones/Informe-anual-2017.pdf. 2008, CRPD, Optional Protocol to o the Convention on the Rights of Persons with Disabilities Concerning the countrys prisons, on 27 May President Alberto Fernandez announced the construction of 12 hospital units (288 beds) for prisons in the province of Buenos Aires to ensure that prisoners are isolated to prevent the spread of Covid-19. 0000024182 00000 n

<>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> On 13 March 2020, the International Observatory for Prisons - Argentina section - wrote to the Ministry of Justice urging that measures to prevent the spread of Covid-19 within penal institutions be implemented.

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The reports mention foreigners in prison, review newly passed legislation in the area, and provide details on detention centres. Nonetheless, the PPN reported that six Bolivian nationals detained at the Complejo Penitenciario Federal de CABA were expelled from Argentina through the land border with Bolivia and further expulsions are planned. The following rights and responsibilities have as regards refugee status in Argentina: People who are accepted as refugees are allowed to process: Community sponsorship makes ordinary people and organizations the key to the integration process. In 20 working days or less, from the moment you submit your application for refugee status to the CONARE, you will get a certificate that confirms your status as an applicant and your legal residence in Argentina. They are trying to solve any case within a reasonable period of time.

103 0 obj The State party should: Nonetheless, this continued to pose challenges for those without access to technology or who do not speak or read in Spanish. Transgender asylum-seeker finds safe haven in Buenos Aires UNHCR/Santiago Escobar-Jaramillo, Entities sharing this good practice:Office of the Federal Public Defender General, Submitted by:Anala Cascone Coordinator. 1984, ACHR Article 10 Or through their resources and experience support sponsorship organizations. In April 2012, the SPT visited Argentina and noted that torture and ill-treatment constitute a situation of structural violence in places of incarceration and are practices that are deeply rooted in the behaviour of prison staff in Argentina.[39] The SPT noted the existence of registers of torture at the federal and provincial levels as a positive development, and recommended that Argentina take a series of measures to prevent torture. 2. On 23 and 24 March 2020, riots broke out in several penitentiaries, leaving five prisoners dead and many more injured.

Requests to view case files suspend the timeframe to challenge an expulsion order and a court ruling. The Agreement seeks to strengthen the technical and operational capacities of the Commission and the federal Defenders with jurisdiction at the border, providing them with human and material resources, as well as promoting training activities for MPD members from all over the country, and develop awareness campaigns and information adapted to the population of interest about their rights. 2.5 Length of detention.

[24] Although Argentina is not a signatory to the Cartagena Declaration on Refugees, Law 26.165 is in line with international standards of protection, including the extended refugee definition in the this Declaration. The CON ARE is a General Law for the Recognition and Protection of asylum was a national commission established with the Refugee Law No.

You can get a lawyer free of charge. 2007, ICERD, declaration under article 14 of the Convention The MPD, is an independent body with functional autonomy and financial self-sufficiency that, through the Office of the Federal Public Defender General (DGN), is responsible for the defense and protection of human rights, guaranteeing access to justice, comprehensive legal assistance and promoting all measures, as well as designing and executing public policies, aimed at the protection and defense of fundamental rights of people, especially those in vulnerable situations, including refugees and migrants. Further, under Article 70 of the RNML, the Interior Ministry or the NDM may refrain from requesting the detention of foreign nationals if they demonstrate that they will abide by an expulsion order and leave the country within 72 hours, and provided that there are no indications that they will not comply with the order (podrn abstenerse de solicitar la retencin cuando el interesado acredite debidamente que cumplir con la orden de expulsin en un plazo no superior a setenta y dos (72) horas de haber quedado firme la medida y no existan circunstancias objetivas que hagan presumir que eludir la orden). Immigration or Citizenship, Polica de Seguridad Aeroportuaria According to the Decree of Necessity and Urgency (Decreto de Necesidad y Urgencia or DNU) 274/2020 of 16 March, non-residents were prohibited from entering the countrys territory through ports, airports, and all other entry points. From August 2017 to October 2018, there were 99 individuals apprehended by migration authorities.

However, only the representatives of the Secretariat of the CONARE can withhold you in case you are unable to provide this certificate. When a person presents an asylum application, either before the Executive Secretariat of CONARE in Buenos Aires or in any other part of the country, they are informed of their right to be assisted free of charge by a lawyer. In case you are unable to provide any personal form, then you will have to explain why. Argentinean law does not specifically mention a requirement to assess alternatives to detention or non-custodial measures before issuing a detention order. Need to create and / or strengthen specialized work teams in the field. The Temporary Documents issued under the Proceedings of the application for the recognition of the status of refugee entitled the holder to work, accommodate, study and access to the public health system, but neither prove identity nor are travelling documents. 1988, ACHR, American Convention on Human Rights 2017, Committee on Migrant Workers If the negative decision is final, you will have to wait for the migratory authorities to reveal your legal status and residence in Argentina. 2017 and by other special proceedings that had been suspended by Executive Order N 298/20 and its amendments, were resumed as from 30th November 2020. The agreement established three areas of work: legal representation, training, and public information. [15] As of late 2019, the constitutionality of the decree was being challenged in Argentinas Supreme Court,[16] largely on the basis that the reasons cited by the government in enacting the decree via special summary procedure, did not satisfy the necessity and urgency requirements provided by Article 99(3) of the Argentinean Constitution. Importance of the interdisciplinary approach to enrich the quality of technical defense. Review the application documents, and submit a summons with the interview date. 25.871) - Decreto de Necesidad y Urgencia (No.

<]/Prev 135970>> with the country of origin authorities in particular. According to Article 13 of the DNU, modifying Article 69 of the NML, a detainee has the right to view their case file (el interesado tiene derecho a tomar vista del expediente) within three days.

There are reports indicating that authorities in parts of the country are taking exceptional measures to force migrants out of their provinces and to step up apprehensions of people in border areas.

The Migrant Commission (Comisin del Migrante), which functions under the Public Ministry of Defense and whose role is to defend and protect the rights of foreign nationals[36] by, inter alia, offering free juridical assistance and information, intervenes on behalf of foreign nationals in administrative expulsion proceedings.[37]. We share information about travelling and living abroad with everyone.

They will explain the legal moves that can help you get the desired status. This means that you should explain the reasons why you believe that the decision made by the CONARE is not right and why you should get another chance.

2020, Committee on the Rights of the Child Or other circumstances that have disrupted the public order. 5 on Migrants Human Right to Liberty and their Protection from Arbitrary Detention questionnaire, December 2018, https://www.ohchr.org/EN/HRBodies/CMW/Pages/GC5.aspx, [51] Procuracin Penitenciaria de la Nacin, La situacin de los derechos humanos en las crceles de la nacin, Informe Anual 2018, https://ppn.gov.ar/pdf/publicaciones/Informe-anual-2018.pdf.

This application must be made in Argentina or at the border. In addition, a further 149 cases of unaccompanied children under guardianship were also supported with legal interventions while in 391 cases, -The limitations on face-to-face legal interventions due to COVID-19 created challenges that ultimately resulted in adaptations in assistance. Inform your actual place where you live and set a legal domicile. but that are crucial to strengthen it.

The Co. Na. In 2011, the Commission approved the creation of the Legal Counseling and Representation Program for Refugees and Applicants for the Refugee Status (, ). Every non-Argentinean citizen can submit an application in writing or verbally in the capital city of Argentina Buenos Aires and in local designated offices throughout the country. According to the 2017 Annual Report of the National Penitentiary Office, the site was closed, no building works were being carried out and there was no authority present either from the security forces or from the National Migration Directorate.[49] In their 2018 response to the UN Committee on Migrant Workers General Comment No. They have the right to practice their faith/religion without any restrictions.

When you want to start this application process, you will have to take these predetermined steps: Complete the form that will be given to you by the authorities. Applying for a refugee status in Argentina does not interfere with your right to apply for residence before the DNM (National Migration Office). 70/2017 repealed by the relevant body and, pending the completion of this process, to suspend its implementation. Immigration Detention in Argentina: A Paradigm Shift? 1986, ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966

<>stream [4] Organisation for Economic Cooperation and Development/ International Labour Organisation, How Immigrants Contribute to Argentinas Economy, OECD Publishing, 2018, http://dx.doi.org/10.1787/9789264288980-en, [8] Centro de Estudios Legales y Sociales (CELS) and Comisin Argentina para Refugiados y Migrantes (CAREF), Comentarios y Aportes a la versin revisada de fecha 23 de Julio del borrador de Declaracin a ser adoptada en la Reunin de Alto Nivel para hacer frente a los grandes movimientos de refugiados y migrantes que tendr lugar el 19 de Septiembre de 2016, 23 July 2016,www.cels.org.ar/common/AportesDeclaracionMigrantesRefugiados.pdf, [9] Human Rights Council, Report of the Working Group on the Universal Periodic Review, Argentina, A/HRC/22/4, 12 December 2012, https://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/AHRC224_English.pdf, [10] Human Rights Council, Report of the Working Group on the Universal Periodic Review, Argentina, A/HRC/22/4, 12 December 2012, https://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/AHRC224_English.pdf, [11] International Detention Coalition, Argentina Proposes Creation of Immigration Detention Centre, 3 September 2016, https://idcoalition.org/news/argentina-proposes-creation-of-immigration-detention-center/, [12] Global Detention Project, Submission to the Universal Periodic Review: Argentina, May 2017, https://www.globaldetentionproject.org/submission-to-the-universal-periodic-review-upr-argentina-2, [13] The report stated that between 2013 and 2015, there were 157 immigration detention orders, of which, only 62 were executed. KIER JOFFE will be more than glad to help you out in situations like this. [46] Procuracin Penitenciaria de la Nacin, La situacin de los derechos humanos en las crceles de la nacin, Informe Anual 2018, https://ppn.gov.ar/pdf/publicaciones/Informe-anual-2018.pdf, [47] La Nacin, Genera polmica la apertura de un centro para alojar a infractores de la ley de migraciones, 26 August 2016, https://www.lanacion.com.ar/buenos-aires/genera-polemica-la-apertura-de-un-centro-para-alojar-a-infractores-de-la-ley-de-migraciones-nid1931902, [48] L. Rosende, El gobierno creo un centro de detencin de migrantes: alarma entre organismos de DDHH, Poltica Argentina, 28 August 2016, https://www.politicargentina.com/notas/201608/16208-el-gobierno-creo-un-centro-de-detencion-de-migrantes-alarma-entre-organismos-de-ddhh.html, [49] Procuracin Penitenciaria de la Nacin, La situacin de los derechos humanos en las crceles federales de la Argentina, Informe Anual 2017, https://www.ppn.gov.ar/pdf/publicaciones/Informe-anual-2017.pdf, [50] Office of the High Commissioner for Human Rights (OHCHR), Argentinas Response to the UN Committee on Migrant Workers General Comment No. Once you apply, you will receive the appointment confirmation in your e-mail address, for this reason it is important that you type it properly.

expulsion orders with outstanding appeals) (Article 70). [17], In December 2019, a new government took office and the new President, Alberto Fernndez, questioned the DNU enacted by his predecessor. [] Our advice is to use professional Argentina, an immigration attorney. 0000007828 00000 n 27,512, was enacted, whose article 33 expressly provides that the applicant has the right to be assisted in all instances of the procedure by a legal representative. This led to the inclusion of stateless persons in the Commissions Programs. Representing a sharp departure from Argentinas traditional emphasis on integrating migrants, the decree restricted the rights of migrants by, inter alia, introducing impediments to entry into the country as well as accelerating expulsion proceedings. Refugee travel log, paying the same expenses as an Argentine citizen.

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3.2 List of immigration detention facilities. The agreement established three areas of work: legal representation, training, and public information. The Public Defense is a facilitator of solutions, in its role as representative of asylum seekers and refugees, for the asylum system as a whole. In September 2016, at the Leaders Summit on Refugees, then-President Mauricio Macri announced that Argentina would receive 3,000 Syrians through the Programa Siria,[25] which was put in place through Disposicin 1025/2019.[26] This programme grants humanitarian visas to those affected by conflict in Syria if there is a sponsor in Argentina willing to help meet their living expenses for the first year.

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