The role of INADI in an egalitarian and democratic state: the dangers of its elimination
The Argentine Executive's Omnibus Bill proposes to close the National Institute against Discrimination, Xenophobia and Racism (INADI).
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BUENOS AIRES, Argentina. The chainsaw with which current president Javier Milei campaigned, barely after assuming office, was first directed at the rights of the most vulnerable sectors.
After Decree of Necessity and Urgency 70/2023 , the Executive Branch sent to Congress the bill “Bases and Starting Points for the Freedom of Argentinians”, known as the Omnibus Law.
There, he proposes repealing laws essential for the country's democratic, egalitarian, and environmental development. Among these repeals, he drafted an article to eliminate agencies that, since their creation, have been crucial for preventing and eradicating violence, such as the National Institute Against Discrimination, Xenophobia, and Racism (INADI) .
Starting with Article 348, the omnibus law proposes the repeal of Law 24,515 , which created INADI as a decentralized entity. During the previous administration, the agency was under the purview of the Ministry of Justice and Human Rights.
The story
Following the passage of fundamental laws for sexual diversity, such as the Equal Marriage and the Gender Identity Law , and for women, such as the Comprehensive Protection Law for Women, INADI's work gained greater relevance. Furthermore, it designed training programs and initiatives to raise awareness of cultural and racial diversity.
The National Institute Against Discrimination, Xenophobia, and Racism (INADI) was created in July 1995 through Law 24,515. This followed the attack on the AMIA mutual insurance company, which left 85 dead and 300 injured. Its objective is "the development of national policies and concrete measures to combat discrimination, xenophobia, and racism, promoting and implementing actions to this end," as stated in Article 2 of the law passed on July 5, 1995.
Among its functions, INADI is tasked with designing and promoting educational campaigns aimed at social and cultural pluralism. It is also responsible for eliminating discriminatory, xenophobic, or racist attitudes, and receiving and centralizing complaints about such behavior.
The last appointed administrator was Greta Pena , in January 2023. She is a lawyer, journalist, and specialist in human rights public policy. But INADI also has a large number of employees who, since the agency's creation, have been trained and have designed campaigns under different administrations.
An organization to improve the State
From Salta, Gustavo Farqhuason, who has just taken office as a councilman in the capital, was head of INADI until 2023. In a dialogue with Agencia Presentes , he expressed the importance of a public body like INADI.
“It allows us to work to improve the State and make it more efficient from a human rights perspective, since it is essential to guarantee the rights of groups historically violated by discrimination,” he said.
According to the councilman, INADI's role is "leading in building a better, fairer, and more egalitarian society with equal opportunities. In the provinces, it allows the national government to work and coordinate public policies with local organizations."
In that regard, Councilor Valeria Crespo of the Union for the Fatherland party in Mar del Plata presented a draft resolution urging the city council to reject the proposed Article 348 of the omnibus law. She told La Capital newspaper in Mar del Plata that “repealing Law 24.515 would be a major setback in terms of rights, given that INADI was created in 1995 to combat discrimination, xenophobia, and racism in our country.”
María José Lubertino is the head of the Citizens' Association for Human Rights (ACDH) and former director of INADI. From that position, she stated, " INADI has been vital in everything related to the prevention, eradication, and punishment of discrimination, xenophobia, and racism, disseminating the principles established by National Anti-Discrimination Law 23.592 and working to prevent and respond to discrimination in Argentina."
Lubertino recounted that he spoke with the current Minister of Justice, Mariano Cúneo Libarona, who confirmed the continuation of INADI. Therefore, it was a surprise that the Omnibus Law proposes the elimination of the institute.
The place of the INADI workers
For the past few weeks, the agency's workers have been living in uncertainty. Just as happened with other organizations that guaranteed access to rights for years, they have received no official communication about the institute's future, its future direction, or who will lead it.
In the last month they held meetings and assemblies to discuss how to continue in a space where they worked with great commitment and responsibility.
"The actions of the agency have consistently taken into account the internationally agreed guidelines on the observance of human rights and non-discrimination in our country," said INADI workers.
“Regulatory updates have been carried out, actions have been taken to promote and disseminate values, programs and projects have been designed and implemented focusing on specific groups, and comprehensive assistance has been provided to victims, among other things,” they added.
They highlight the National Discrimination Map, a periodic, federal investigation into discrimination, xenophobia and racism, carried out in conjunction with national universities throughout the country.
The latest edition, presented in 2022, revealed that 57% of Latin American migrants suffered some form of discrimination. This percentage rises to 64% among people belonging to—or descended from—Indigenous peoples, and to 57% among Afro-descendant people.
Among the last activities carried out in 2023, INADI was able to carry out the first Assembly of Afro-Argentine Women and Diversities where 18 provinces of Argentina participated.
Civil organizations
The president of the Civil Association for Communication for Equality , Sandra Chaher, expressed her concern about the proposal from Javier Milei's government. “It is essential to have an agency that addresses discrimination issues, both in prevention and in responding to them, especially in a context where we have been warning for some years now that hate speech is on the rise.”
Chaher argues that this idea is part of a denialist attitude on the part of the new government, not only regarding discrimination but also issues such as the environment and human rights. “Discrimination cannot be denied. It exists, it’s undeniable. It’s a political stance to adopt a denialist approach to these issues, not a pragmatic one, in the face of reality.”
According to the president of Communication for Equality, rather than eliminating INADI (National Institute Against Discrimination, Xenophobia and Racism), anti-discrimination laws should be strengthened and updated. “The anti-discrimination law dates back to 1988, and INADI was created by a 1995 law. In 2013, the Inter-American Human Rights System approved a Convention against Discrimination with a more modern, intersectional approach to discriminatory issues; this is the direction Argentina should be heading in terms of expanding rights,” she emphasized.
Sexual diversities
“Milei is not my law,” was the most frequently seen phrase during the Pride March held in the Autonomous City of Buenos Aires on November 4th. There, the various LGBT organizations and individuals in attendance emphasized the danger and setback that a government in the hands of La Libertad Avanza (Freedom Advances) would represent.
“The closure of INADI goes against respect for diversity and freedom in our country. Freedom is impossible if the response to it is violence and discrimination. And it is the State that must safeguard that freedom,” the Federation added. They also encouraged people to contact federacion@lgbt.org.ar to discuss possible actions in this regard.
INADI is currently supporting the call for justice for Tehuel de la Torre , the young trans man who disappeared while on his way to a job interview. It has also worked on public awareness campaigns for the release of Higui, a lesbian imprisoned for defending herself against rape.
One of the organization's most significant achievements was its intervention in the case of Ferni de Gyldenfeldt, a who filed a complaint with the institute regarding the Cosquín Festival's Folklore Commission's rejection of her entry into the competition, despite her having received the highest score. Following the complaint, the Córdoba-based commission amended its bylaws, eliminating the gender binary.
Cultural diversity
The organization was fundamental in coordinating actions aimed at combating discrimination against indigenous peoples.
One of the most recent and notable incidents was a clear case of discrimination against an Indigenous couple during a live broadcast of the program "Bien de Mañana" (El Trece). As a result, both INADI (National Institute Against Discrimination, Xenophobia and Racism) and the Ombudsman's Office received a record number of complaints condemning the incident.
Without proposals or answers
At the time of writing, the current government had not responded regarding how they would address the work at the agency. Nor had the workers received any answers about their future.
INADI reaches older adults; Deaf people; Users of psychoactive substances; Fat people; People experiencing homelessness; Sexual and gender diversity; Gender; People with HIV; Migrant people; Children and adolescents; People with disabilities; Indigenous peoples; Afro-Argentine community; Roma people; Jewish community; Arab Islamic community; Refugees and stateless persons, among others.
Areas observed include: Education; Sports; Media; Internet and Social Networks; Justice; Labor; Education; Health and Public Safety, among others. In addition, prevention and awareness-raising activities were developed regarding Denialism and Hate Speech.
Anyone can contact the Helpline for Victims of Discrimination, Racism, and Xenophobia: 168. For inquiries or to file a complaint, the helpline is open every day from 9 a.m. to 7 p.m., including Saturdays, Sundays, and holidays. You can also leave a recorded message. There is also a dedicated WhatsApp line for Deaf people, where videos in Argentine Sign Language (LSA) can be sent to +54 11 4404 9026.
INADI's social media accounts are: Twitter: @inadi; Facebook: inadiok; Instagram: inadiok
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