Argentina
Argentina exhibits mid-range performance in Rights and Rule of Law and high-range performance in Representation and Participation. It is among the top 25 per cent of countries in the world regarding multiple factors of democratic performance. Over the past five years, Argentina has seen significant advances in Freedom of the Press. Argentina is a leading food producer and exporter with large-scale agricultural and livestock industries. Although it has one of the highest Gross National Product (GNPs) of the region, poverty and inequality remain high.
Since the mid-19th century, Argentina has faced repeated economic crises and cyclic military coups that interrupted democratic rule. The last military dictatorship (1975-1983) was characterised by gross and widespread human rights violations including enforced disappearances and extrajudicial killings. After the return to democracy in 1983, and due to the strong push of human rights organizations, the country sought justice and accountability through the creation of a truth commission, criminal proceedings, and strengthened civilian oversight of the armed forces.
Divisions in politics have traditionally fallen between supporters of Peronism, a political movement rooted in former President Juan Peron’s pro-union and pro working-class policies, and members of the Radical Civic Movement (UCR) a center-right liberal party. Over the years, endemic corruption, low levels of public trust, political polarization and hyper-presidentialism, have led to increasingly weak institutions and a general fatigue with the political establishment. Furthermore, the strict handling of the COVID-19 pandemic and the inability of traditional parties to address longstanding economic instability, including record-high inflation, allowed new right-wing and far-right parties, such as the ruling Liberty Advances (La Libertad Avanza, LLA), to gain prominence and support amidst public demands for change. Following the LLA's victory in the 2023 presidential elections, an economic program focused on drastically cutting state expenses, reducing the size and functions of the state, cutting down on public welfare and pushing for economic liberalism. During its initial months, the new government has pursued radical policy changes through “Necessity and Urgency Decrees” that give the executive the ability to legislate under extraordinary circumstances. The cuts in public spending in key areas have sparked significant criticism, leading to hundreds of thousands of protesters taking to the streets to protest against the government. These protests have been met with repression. Additionally, over the past years, the country has seen a surge in organized crime, with some political actors proposing the militarization of security in the country.
The origin myth of the nation as white and European has traditionally excluded Indigenous communities and other minorities like Afro-descendants from the concept of national identity. Racial discrimination exists at a structural level, and unequal access to social rights and opportunities is common. Regarding gender parity, women hold 42.5% of seats in parliament. Argentina has pioneered progressive legislation on gender equality, including same-sex marriage (2010), the gender identity law (2012), and legal abortion (2021). However, recent setbacks threaten future progress in gender mainstreaming. Violence against women remains endemic, with rising rates of femicides.
In the coming years, it will be important to monitor how the new government's cuts in areas such as education, public health, pensions and social welfare will impact Basic Welfare. Additionally, it will be crucial to observe Gender Equality considering cuts in state funding for this issue. Furthermore, it will be important to consider how the growing narrative of dictatorship denialism and the government's cuts on funding to essential Memory, Truth and Justice policies will impact ongoing trials for crimes against humanity, and its effect on Access to Justice.
Last Updated: July 2024
https://www.idea.int/democracytracker/
September 2024
Decree restricting access to public information sparks widespread criticism
On 30 August, President Milei issued Decree 780/2024, amending a 2016 law aimed to enhance state transparency and public information access. The changes modify the types of information that the public can request, limiting access to details about public officials' private lives, “working papers,” and “deliberations.” The decree also imposes more requirements for requesting information and introduces potential penalties for individuals deemed to be abusing their rights when seeking public information. Over 60 civil society organizations and press freedom watchdogs have petitioned for its withdrawal, arguing it poses a threat to the right to access information in accordance with international human rights standards, potentially undermining efforts to prevent corruption and enforce accountability. They warn that the measure could allow public officials to discretionally determine what constitutes public information shielding them from public scrutiny by the press and general public.
Sources: Centro de Estudios Legales y Sociales (CELS), El Pais, Foro de Periodismo Argentino (FOPEA), Buenos Aires Times
Poverty rate surges in Argentina according to official report
Argentina's National Statistic Agency (INDEC) report on the first half of 2024 shows a dramatic increase in the country’s poverty rate. According to the report, over 52 per cent of the population lives below the poverty line, including more than 18 per cent in extreme poverty. This is the highest poverty rate in two decades. The report also reveals that 66 per cent of children aged 0 to 14 belong to households living below the poverty line. These numbers reflect the ongoing economic crisis and the impact of President Milei’s government's austerity measures, which include significant cuts in public spending, laying off thousands of state employees, and cutting subsidies for transportation and energy to control inflation and achieve fiscal balance. Some of these measures, widely criticized by experts, involve cuts to soup kitchens and other social welfare programs that support the most vulnerable. The government argues that poverty rates are the result of years of left-leaning populist governance.
Sources: The Guardian, National Institute of Statistics and Census of Argentina (INDEC), Pagina 12, Die Welle
July 2024
A new AI unit sparks fears of civil rights violations
The Argentine government has announced the creation of an AI-based special unit that will function under the Ministry of Security to monitor social media and the internet, aiming to "predict future crimes". The Artificial Intelligence Unit for Security will patrol open social networks, apps, websites and the “dark web” to detect potential threats, identify ongoing operations of criminal groups, and foresee disturbances. It will also analyse real-time security footage and use facial recognition in order to detect suspicious activities or identify wanted individuals. Experts and civil society organizations warn that without oversight or checks, privacy and freedom of expression are at risk. Critics argue that the system's opacity and potential for misuse pose significant risks, including unlawful profiling and lack of accountability. Further, they claim that this kind of cyber patrolling could be contrary to the rule of law and the National Constitution.
Sources: El Pais, Pagina 12 (1), Pagina12 (2), Infobae, El destape
Parliament passes Javier Milei’s landmark “Ley Bases”
On 8 July, President Javier Milei enacted his flagship legislation, 'Ley Bases.' This package, comprising over 200 laws, aims to lay the groundwork for economic liberal reform in the country by reducing the state's role in public matters and deregulating the economy. After months of parliamentary debate, the original package was significantly reduced, with the final version including only about half of the initial proposals. The approved law grants Milei special powers to legislate by decree for one year on economic, administrative, financial and energy matters, allowing him to bypass Congress. Further, it allows him to privatize some of Argentina’s state-owned enterprises. The law also introduces tax and labour reforms, including substantial tax incentives for companies making large investments, and relaxes labour regulations. Critics argue that the law disproportionately benefits multinational corporations over smaller local enterprises, which currently employ 70 per cent of the population. Experts warn that the introduced changes undermine workers' rights, representing a major shift towards deregulation and job insecurity.
Sources: Pagina 12(1), Buenos Aires Herald , BBC, Pagina 12(2)
June 2024
Government dissolves gender violence protection office
As femicide rates rise in Argentina, the government has dissolved the office of the Under-Secretary for Gender Violence Protection, the last state entity dedicated to gender policy and particularly tasked with preventing gender violence and supporting victims. The government claimed that the entity was a politicized organization promoting an ideological agenda, and had been unsuccessful in eradicating gender-based violence. This move, following the earlier elimination of the Ministry of Women, Genders, and Diversities, represents a significant setback for gender equality in the country. Critics argue this decision leaves Argentina without the necessary institutional framework to combat gender-based violence, in violation of Law 26.485, the national protection law to prevent, punish and eradicate violence against women. Under President Milei's administration, significant budget cuts have further undermined public programs supporting women and gender minorities, sparking outrage from feminist and human rights organizations. Despite these concerns, the administration continues to dismantle gender equality initiatives, even as violence against women peaks, with a femicide occurring every 35 hours.
Sources: International IDEA, Pagina 12, El Pais, Buenos Aires Herald, France 24
Protesters are detained under sedition charges after demonstration
On 12 June, a protest outside of the Senate against the approval of Javier Milei’s "Ley de Bases" led to clashes between protesters and police and a brutal response by public forces. Local and international human rights organizations have denounced the disproportionate use of force , including tear gas, rubber bullets, and water cannons. Additionally, there were multiple reports of police brutality against peaceful demonstrators, bystanders, journalists and even deputies present in the demonstration. 33 people were arbitrarily detained and charged with offences including incitement to collective violence, and offences against public authorities and the constitutional order. Furthermore, the Minister of Security and the President publicly stated that the detained individuals were "terrorists” that attempted to commit a “coup d’etat”. Amidst ongoing protests, some detainees have been released, but concerns over human rights violations remain, with local and international bodies criticizing the government's response and criminalization of dissent, condemning it as a threat to civil liberties.
Sources: Amnesty International, Pagina 12, El Pais CR, Buenos Aires Herald, Centro de Estudios Legales y Sociales
April 2024
Argentina holds Iran and Hezbollah liable for 1994 terrorist attack
The Argentine Supreme Court ruled that Iran is responsible for the 1994 bombing of a Buenos Aires Jewish centre, which claimed the lives of 85 individuals. The decision allows victims' families to pursue justice internationally. The ruling states that the attacks were orchestrated by the Iranian government and executed by Hezbollah. It underscores the gravity of state-sponsored terrorism, labelling the attacks as crimes against humanity. The verdict follows years of controversy and allegations of the Argentinean government´s involvement in concealing information related to the attacks. The ruling also set sentences of between two and six years for the former judge who led the bombing probe, the intelligence secretary at the time, two prosecutors, and a civilian, all found guilty of concealing and tampering with the investigation. Memoria Activa, a non-profit association dedicated to clarifying responsibility for the terrorist attacks, has criticized these sentences, stating they do not match the gravity of the crimes. Iran has denied any involvement in the bombing.
Sources: Memoria Activa, BBC, New York Times, Clarin
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