CIVICUS speaks with Mariela Belski, Executive Director of Amnesty International Argentina, about the potential human rights effects of changes introduced by Argentina’s new government led by President Javier Milei.
Founded in 1961, Amnesty International is the world’s largest international human rights organisation.
What are the main measures taken by Javier Milei’s government, and what are the problems with them?
As soon as he took office, President Milei issued a decree of necessity and urgency (DNU) to legislate on a large number of issues that will affect people’s lives. Although the National Constitution establishes that the president can only issue decrees when exceptional circumstances prevent the government following ordinary legislative procedures, decrees have been used often for decades. What’s new in this case is the number and magnitude of the changes included in the DNU, in sharp contrast with the executive’s argument that this is an emergency.
In addition, the government sent to Congress an ‘omnibus law‘ that covers numerous issues not included in the DNU, such as tax reforms. Although it is also justified with arguments related to the context of emergency and economic instability, the bill pushes forward on issues that far exceed the emergency.
Many changes included in the DNU and the omnibus law raise concerns about their impact on rights in areas such as employment, health, housing and freedoms of assembly and expression. Contrary to international rights standards, through deregulation and the withdrawal of the state, both pieces of legislation will have a negative impact on people’s ability to exercise their rights.
For instance, medical insurance companies will be able to increase their fees as they like, and are already doing so. If they receive complaints about their service, the state will not impose sanctions. Drug prices will also be deregulated.
In the area of labour, a series of regressive measures is being introduced regarding severance pay, overtime pay and the extension of probationary periods, among other things. The injunctions that courts have already granted to stop the implementation of these changes have only benefited some specific employment sectors.
On housing, the DNU repeals the rent law and leaves contractual terms, amounts and the currency rent is paid in up to negotiation between landlords and tenants, allowing the landlord to impose whatever conditions they wish.
According to the omnibus law, the updating of pensions will no longer be governed by a formula set by law, but left to the discretion of the executive branch.
The bill also conceives of protest as a crime rather than a right to participation and expression of dissent. It establishes, for instance, notification requirements for any public meeting or demonstration involving three or more people. Although statements have been made that this measure would be reversed, this has not yet happened. In addition, the bill establishes the role of the ‘organiser’ to allow for the identification and eventual sanctioning of protest leaders.
In the area of security, the bill expands the circumstances in which a police officer can be considered as acting in self-defence, weakening standards of police accountability designed to prevent abuses. Given Argentina’s high rates of police brutality, this goes in the opposite direction to what’s needed.
The environment will also be affected by the DNU, which amends the forestry law to further enable deforestation, the glaciers law to permit more mining and the fires law to allow more burning. These provisions put natural resources at risk and could aggravate the climate crisis in Argentina.
In terms of gender policies, both the bill and the DNU remove any reference to diversity and gender. In particular, the omnibus law introduces changes to what’s known as the ‘1,000 days law‘, approved alongside the law on the voluntary interruption of pregnancy to support those who decide to carry a pregnancy to term.
The instrumentalisation of the economic emergency to subjugate the autonomy of women, who are viewed exclusively as mothers, and the incorporation of figures such as that of the ‘unborn child’ reveal an attempt to bring about a strong regression on sexual and reproductive rights. In a country where every year more than 300 women are murdered, the real emergency should be to design effective policies against gender-based violence.
How does the new ‘anti-picket’ protocol affect freedom of expression and the right to protest?
Amnesty International believes that guidelines for police and state action set out in the Protocol for the maintenance of public order in the face of roadblocks violate freedoms of assembly, association and expression. The powers vested in police and security agents to intervene aren’t aligned with international standards on the use of force and risk escalating violence and social conflict, endangering people’s lives and physical integrity.
The protocol must reconcile the objectives of preserving ‘public order’ and ‘freedom of movement’ with the state’s obligations to respect and protect the physical integrity of individuals and the right to freedoms of assembly and expression, which are protected by the National Constitution and international human rights instruments. Both the protocol and the omnibus law seek to criminalise protesters and impose sanctions, including financial sanctions, that in practice could lead to the disappearance of collectives and organisations.
Argentina’s regulatory system doesn’t establish an order of priority between rights: neither free transit nor the right to protest take precedence over the other. The banning of demonstrations because of the possible disruption of free movement contradicts domestic norms.
The Argentine state must comply with its international human rights obligations, particularly regarding the right to protest, freedoms of assembly, association and expression and the use of force by its police and security agents.
Do you view these measures, and the way they are being taken, as a danger to democracy?
Amnesty International is concerned that a bill that will impact on numerous key aspects of people’s lives is being pushed through against the clock and during extraordinary congressional sessions.
In just three weeks the executive has proposed, through the DNU and the omnibus law, massive changes in legislation and regulations that were part of a consensus built over the past 40 years. The essence of democracy lies in citizens’ ability to take part in informed discussions on the issues that affect them. The extremely fast-paced discussion of these policies raises serious doubts about the integrity of the deliberative process.
Argentina’s context of economic and social crisis does call for profound reforms. Poverty over 40 per cent and exorbitant inflation rates demand a change of course. Reforms, however, must be carried out within the existing institutional and constitutional framework.
The omnibus law seeks a delegation of powers to the executive on a scale never seen before, in all spheres. Further, it establishes that the regulations issued in the exercise of this delegation will be permanent, except when the nature of the measure determines its transitory character and this is expressly stated.
Congress should carry out this process in an appropriate manner, following the principles set out in our constitution. Decisions that so significantly affect people’s lives should not be made in haste, but through public debate and following established procedures.
What initiatives is Amnesty International developing on these issues?
Regarding the protocol for the maintenance of public order we have presented an analysis with input and comments based on national and international standards. Our aim is to contribute to developing public policies that respect people’s rights.
Regarding the DNU and the omnibus law, we are organising meetings with officials and colleagues from various areas to jointly analyse the legislation and evaluate next steps.
Finally, we are preparing a document analysing the first 100 days of Milei’s government from a human rights perspective. In the same vein, we will be monitoring Congress closely.
Civic space in Argentina is rated ‘narrowed’ by the CIVICUS Monitor.
Get in touch with Amnesty International Argentina through its website or its Facebook, Instagram, TikTok or Twitter accounts, and contact Mariela Belski through her Instagram or LinkedIn accounts.