Key Benefits:
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Ratify the Convention held on 20 November 2007 between the National State and the Autonomous City of Buenos Aires for the creation, organization and operation of the public entity called "Space for Memory and for the Promotion and Defence of Human Rights", which is incorporated as an annex. ARTICLE 2 Contact the Executive.DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTIETH DAYS OF THE TWENTY YEAR OLD MIL OCHO.
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JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.
CREATION OF THE PUBLIC ENVIRONMENT FOR MEMORY, PROMOTION AND DEFENDMENT OF HUMAN RIGHTS
Between the NATIONAL STATE represented by the President of the Nation, Dr. Néstor Carlos KIRCHNER, with legal domicile in Balcarce No. 50 of the AUTONOMA OF GOOD AIRES, on the one hand, henceforth "the PEN" and the AUTONOMA OF GOOD AIRES, represented in this act by his Head of Government, Don Jorge TELERMAN, with legal domicile in Bolivar No. 1 of the CIUDOS
CONSIDERING:
That the agreement between the PEN and the GCBA was held on 24 March 2004 in relation to the predio that occupied the School of Mechanics of the Navy (ESMA) and other contiguous units of the Argentine Navy, where the most emblematic of the clandestine detention and extermination centres during the last military dictatorship, and there suffered the enforced disappearance an estimated number of five thousand men and women of all ages, constitute a tragic state of terrorism.
What a product of the struggles of the human rights movement was generated in the community the certainty that the Clandestrian Detention Centres (CCDs) are proof of State terrorism in Argentina and, therefore, collective memory sites;
That from this certainty began the actions of preservation of the CCDs, thus giving way to the identification and visibility of numerous CCDs throughout the country;
That these actions were part of the resistance to the dictatorship and the plurality of social and political expressions that accompanied the action of human rights organizations, as well as the invaluable contribution of the disappeared ex-detainees who with their testimonies and contributions contributed to the aforementioned process;
That the agreement of 24 March 2004 agreed that the predio sito on Avenida del Libertador 8151/8209/8305/8401/8461 would establish the "SPACE FOR MEMORY AND FOR THE PROMOTION AND DEFENSA OF HUMAN RIGHTS";
That this Space will have the purpose of preserving the collective memory of this cruel stage of Argentine history in order to teach the current and future generations of the irreparable consequences that led to the replacement of the rule of law by the application of the most absolute institutional violence;
That the Space at the same time will serve as symbolic reparation against the "detention" and will contribute to the guarantee of non-repetition of the aberrant crimes and the impunity enjoyed by those responsible;
That the property of that land belongs to the AUTONOMA CIUDAD DE BUENOS AIRES according to the revocation of the assignment made to the then Ministry of Marina in accordance with the provisions of Law No. 392 of the City of Buenos Aires;
That the SPACE FOR MEMORY AND FOR THE PROMOTION AND DEFENDMENT OF HUMAN RIGHTS, has as its main activity the exaltation of the values of Truth, Memory and Justice and the promotion of human rights, in terms of civil, political, economic, social and cultural rights, strengthening the republican democratic system;
That also, and in order to comply with the Act of 24 March 2004, a Bipartite National-City Commission was established, whose purpose was to monitor the work of unemployment and transfer of the premises and to agree on the mechanisms to advance the design and determination of the fate of their buildings as a whole;
That in its tasks the Bipartite Commission was assisted by an Ad-Hoc Commission composed of Human Rights Agencies, and former ESMA-disappeared detainees to ensure their participation and to guarantee their voice in the subjects of competence of the Commission;
That the AUTONOMA CITY OF GOOD AIRES legitimately recognized the work of human rights organizations in their field, creating, among other initiatives, the SPACE INSTITUTE FOR MEMORY with the shared effort between these agencies, the legislative and executive branches and civil society.
That said Institute was created by Law 961 of the LEGISLATURA OF THE AUTONOMA DE BUENOS AIRES as an autarchical entity in the economic and financial and autonomous in the subjects of its concern that has as its purpose "... the safeguard and transmission of the memory and history of the events that occurred during the State Terrorism of the years .70 and beginning of the .80" until the recovery of the law;
That the aforementioned SPACE INSTITUTE FOR MEMORIA has within the missions assigned to it by Law 961, the recovery of the land or places of the City of Buenos Aires where they had operated Clandestinos Detention Centers, setting it their definitive headquarters in the predio that occupied the ESMA in Av. del Libertador 8151/8209/8305/8401/8461;
That, on the basis of this, the SPACE INSTITUTE FOR THE MEMORIA of the City of Buenos Aires has requested to grant it definitively the possession, use and keeping of the following buildings: (a) The former Official Casino places of detention of the disappeared detainees; (b) the Central Pavilion (4 columns), c) the Nursing, d) the Printing, e) the Mechanical Workshop and f) the Pavilion
That, for its part, the PEN has expressed its willingness to move to the site where the "SPACE FOR MEMORY AND FOR THE PROMOTION AND DEFENSA OF HUMAN RIGHTS" will work, the NATIONAL ARCHIVO DE LA MEMORIA, an organism deconcentrated in the orbit of the SECRETARIA DE Derechos Humanos del MINISTERIO DE JUSTICE AND HUMAN RIGHTS OF THE NATION, created by two
That the MADRES ASOCIATION DE MAYO, has requested the possession of the building where the Naval Liceum will operate to carry out activities in the field of Education and Culture in Human Rights;
That the ASOCIATION DE MAYO, has requested the possession of the building where the National High School of Nautical will operate to the operation of the IDENTITY CASE;
That FAMILIES OF DISAPPEARED AND DETENSED BY POLITICAL RAZONES and MADRES OF PLAZA DE MAYO FUNDADORA jointly have requested the possession of the Alpha Pavilion to assign it to specific tasks of its activity in the protection of human rights;
That children by IDENTITY AND JUSTICE AGAINST OLVID AND SILENCE are granted the possession of the Delta Pavilion for specific tasks of their activity in the protection of human rights;
May the PEN also request that the "SPACE FOR MEMORY AND FOR THE PROMOTION AND DEFENSATION OF HUMAN RIGHTS" operate the "International Institute for Human Rights EDUCATION" in the orbit of the United Nations Educational, Scientific and Cultural Organization (UNESCO), approved by that body on the proposal submitted by the Ministry of Human Rights, AND HUMAN RIGHTS, in order to grant the possession of the building where the Casino and the Cantina worked;
That the PEN has also expressed its interest in the future "Instituto de Políticas Públicas del MERCOSUR", at the stage of creation by the MEETING of ALTATIONS ON HUMAN RIGHTS AND CANCILLERIES OF MERCOSUR and that it will have its headquarters in the City of Buenos Aires functioning on the predium of the former ESMA, requesting that this request for the possession of a building be kept in mind for its opportunity;
It is also appropriate to assign a seat to the authorities of the PUBLICO ENTE, which is established by this Convention, requesting to that end the granting of the possession of the building where the Accommodation of Sub-offices works;
That having verified the Bipartita Commission the unemployment on the part of the Argentine Navy of the entirety of the reference point, receiving the surrender of the same by the Minister of Defense and the Chief of Staff of the Navy, in the presence of the Lord Head of Government of the Autonomous City of Buenos Aires, all of which have subscribed the respective record;
Taking into account the current state of unemployment, the dimensions of the predium and the importance of giving national projection to this entire site of memory of society, it is appropriate to agree on the creation of an inter-jurisdictional entity for the coordination of all the policies necessary for the operation and maintenance of that Space;
That the creation of this entity, made up of the PEN, the GCBA and the organizations that have fought for the recovery of the spaces of collective memory, especially that of the ESMA, responds to the need to unite for the management of a common interest as it bears the general interest character of the entire Argentine society;
To that end, the President of the Nation and the Head of Government of the City of Buenos Aires,
ACUERDAN:
FIRST: Believe the PUBLIC ENTER FOR MEMORY AND FOR THE PROMOTION AND DEFENSATION OF HUMAN RIGHTS as an entity of inter-jurisdictional public law, with administrative and economic-financial autarchy, autonomy in the subjects of its responsibility and ability to dictate its own regulation.
SECOND: The PUBLIC ENTER FOR MEMORY AND FOR THE PROMOTION AND DEFENSA OF HUMAN RIGHTS will have its headquarters in the predio sito on Avenida Del Libertador 8151/8209/8305/8401/8461 of the CIUDAD AUTONOMA DE BUENOS AIRES . Nomenclatura Catastral: Circumscription 16, section 29, apple
THIRD: The PUBLICO ENTE will aim at promoting and defending human rights and preserving the memory of state terrorism as public policies aimed at avoiding the repetition of crimes against humanity and impunity in Argentina.
The definition and implementation of memory policies in the ESMA and the re-functionalization of the entirety of the said predio will be the mission of that ENTER, within the framework of the institutional agreements reflected in the present record.
FOURTH: The entity shall be chaired by an executive body consisting of a representative of the PEN, a representative of the GCBA and a member of the Board with the modalities prescribed in Article SEPTIMO of this convention. The GCBA delegates its representation in the SPACE INSTITUTE FOR MEMORY and the PEN delegates it to the NATIONAL ARCHIVO DE LA MEMORIA.
The Directorate will be at all times together and no decisions can be made in any way by each of its members. State representatives shall exercise their functions in the Ente in an honorary manner. They will have rented agents for the execution of their functions.
QUINTO: The executive body of the ENTE foreseen in the preceding point shall have the following competence:
(a) Decide the destination and assign the common buildings and spaces within the predium by evaluating the different proposals that are presented directly to the ENTE after the present agreement and those that may arise from their own bosom, especially considering that such activities do not denaturalize the object of creation of the Ente and that do not have profits;
(b) Control and monitor the policies and activities to be carried out in Space to create its own structure and regulation;
(c) To organize, implement and manage cultural, historical, educational and artistic undertakings that are appropriately determined according to the new specific uses admitted or to be admitted to such a predium in line with the purpose pursued with its creation;
(d) To safeguard buildings, objects, sites that constitute evidence in the trials where the responsibility of the perpetrators of the crimes committed during the last military dictatorship is concerned;
(e) To seek opinion from social, academic, universities, research institutes and national and international entities with specific competence in memory issues;
(f) Present to the Board for approval the annual report and balance.
SEXTO: The executive body will be assisted by a board composed of QUINCE (15) members, of which CATORCE (14) will be representatives of the following human rights bodies: Permanent Assembly for Human Rights APAPDH),, Asociación Madres de Plaza de Mayo Línea Fundadora, Abuelas de Plaza de Mayo, Liga Argentina por los Derechos del Hombre (LADH), Servicio Paz y Justicia SSERPAJ Representatives will last two years in their positions, if they are not revoked by their constituents and may be re-elected for consecutive periods.
SEPTIMO: Corresponde al Directory:
(a) Designate the representative to be a member of the Executive Body, whose mandate will be rotating every two years;
(b) Propose plans and programmes of activities of the Public Entity;
(c) To propose the establishment of educational and training centres and the granting of scholarships and to promote studies and research related to the purpose of the agency;
(d) Provide proposals for the annual budget of expenditure, resource calculation and investment accounts and bring them to the competent authorities for consideration;
(e) Adopt its internal regulations and propose rules relating to the administrative and specific management of the Public Entity;
(f) Adopt the overall memory and balance, raised by the executive body at the end of each exercise;
(g) To give a well-founded opinion, in accordance with the relevant legislation, on proposals for the recruitment of services raised by the executive body for the conduct of special tasks that cannot be carried out by the staff of the agency.
(h) Define guidelines to be followed by the executive body in the decision of the destination and allocation of the common buildings and spaces of the predium;
(i) To define the guidelines to be followed by the executive body in the organization, implementation and administration of policies and activities carried out within the predium and in the cultural, historical, educational and artistic undertakings to be determined;
To this end, it will dictate its own structure and regulation. It should provide for the resources for its operation.
OCTAVO: Attempt that the property is owned by the CIUDAD AUTONOMA DE BUENOS AIRES, the allocations of the properties that are made to state or non-governmental institutions, will be held, revocable only for non-compliance with the purposes for which they were assigned. The space cannot be ceded for the realization of activities related to the purpose of its creation defined in the THIRD Article.
NOVENO: Within the ENTE there will also be an ASESOR COUNCIL consisting of former ESMA detainees who voluntarily join it. The members of the Advisory Council shall designate a member to integrate the Directory, which may not belong to the agencies represented, with such rotational representation every two years. It will be the function of the ASESOR Council to develop proposals to the executive body of the entity regarding the operation of Space. The final decision will always correspond to the Directorate of the Ente.
DECIMO: The entity shall raise to the PEN and the GCBA, a multi-year budget, where the investments to be made in future years are reported.
DECIMO FIRST: The PEN and the GCBA must incorporate into their General Cost Budgets the specific items necessary to constitute the heritage and to guarantee the functioning and activities of the PUBLIC ENTER FOR MEMORY AND FOR THE PROMOTION AND DEFENSE OF HUMAN RIGHTS.
DECIMO SECOND: This agreement, after being registered, will be published in the respective Official Gazettes and sent to the legislative organs of their respective jurisdictions for ratification.
THIRD DECIMO: The PEN and the GCBA through complementary administrative agreements will rule all that is not contemplated in the present.
DECIMO FOURTH: In compliance with the pre-existing records of the Bipartite Commission, the parties grant:
(a) to INSTITUTO ESPACIO DE LA MEMORIA de la Ciudad Autónoma de Buenos Aires the possession of the following buildings: 1) The former Official Casino, which by its historical character will be preserved in the state that is found, without modification or realization of activities that denaturalize its meaning as Memorial. 2) the Central Pavilion (4 columns), 3) the Nursing, 4) the Print, 5) the Mechanical Workshop and 6) the Pavilion.
(b) To the PEN the possession of the two complementary buildings that were part of the former "School of Naval War" and the contiguous annex in that field, known as "The Old Bakery", for the operation of the NATIONAL ARCHIVO DE LA MEMORIA and its dependencies.
(c) to the International Institute for Human Rights Education of UNESCO, adopted by that United Nations body on a joint proposal by the Ministry of Education, Science and Technology and the Ministry of Human Rights of the Ministry of Justice AND HUMAN RIGHTS, possession of the building where the Casino and the Cantina function.
(d) ASSSOCIATION MAYOR, the holding of the building where the National Nautical School operated, for the operation of the IDENTITY CASE.
(e) to the MADRES ASOCIATION DE MAYO, the holding of the building where the Naval Liceo worked, for the realization of activities in the framework of Education and Culture in Human Rights.
(e) FAMILIES OF DISAPPEARED AND DETENTED BY POLITICAL RAZONES AND MADRES OF PLACE OF FUNDATOR MAY, the possession of the Alpha Pavilion, for specific tasks of its activity in the protection of human rights.
(g) Blessings for IDENTITY AND JUSTICE AGAINST THE OLVID AND SILENCIO, the possession of the Delta Pavilion, for specific tasks of its activity in the protection of human rights.
(h) to the PUBLICO ENTER, the holding of the building where the sub-offices will work, for the headquarters of its management and administration bodies. Likewise, the ENTE will bear in mind for its opportunity, the request that the PEN formulate for the installation in a building of the predio, the "Instituto de Políticas Públicas en Derechos Humanos del MERCOSUR", currently in the process of institutionalization.
Attached to the present, the plan of the predium with the pointing out of the buildings whose possession is granted by this article.
DECIMO QUINTO: In relation to the building known as "Casino de oficiales" where G. T. 3.222 had its seat and that constituted the main seat of the Clandestine Center for Detention and Exterminium of the ESMA, which in article DECIMO CUARTO of the present Convention is provided that it is granted to the INSTITUTO ESPACIO OF THE MEMORY of the Autonomous City of Buenos Aires,
DECIMO SEXTA: "In case disputes arise in the implementation or interpretation of the present, the parties will seek to resolve them in mutual agreement. If they still persist, they will be subject to the original jurisdiction of the Supreme Court of Justice of the Nation. For all the purposes arising from this agreement, the parties set their legal addresses in those indicated in the heading, and it is established that the judicial notifications to be issued to the GCBA must be made at the legal domicile in Uruguay 458 of the Autonomous City of Buenos Aires, as established by the Art. 20 of Law No. 1218 (B.O.C.B.A. No. 1859 dated 05/01/2004) and Resolution No. 77-PG-06 (B.O.C.B.A. No. 2481 dated 17/07/2006). ".
Two copies of the same tenor are signed in accordance with the AUTONOMA CIUDAD DE BUENOS AIRES, on November 20, 2007.
