Argentina Must Respect Rights to Freedom of Association and Peaceful Assembly While Keeping Its Citizens Safe, Say IACHR and Its Special Rapporteurship for Freedom of Expression

July 4, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) and its Special Rapporteurship for Freedom of Expression are concerned about the disproportionate use of public force against journalists and against individuals who take part in peaceful protests in Argentina, as well as about acts of violence perpetrated by private citizens during those protests. The IACHR and its Special Rapporteurship for Freedom of Expression urge the State to respect and protect the rights to freedom of expression, association, and peaceful assembly, as well as to preserve citizens' safety and to refrain from criminalizing protests and individuals who take part in them. The IACHR and its Special Rapporteurship further urge the Argentine State to enforce inter-American standards concerning the exceptional use of public force.

On June 12, 2024, there were demonstrations around Argentina's Congress. Various organizations linked to trade unions, universities, and human rights institutions had called on citizens to protest against the reform bill that later became the "Ley de Bases." The IACHR and its Special Rapporteurship for Freedom of Expression received reports about a disproportionate use of less lethal weapons—including hand-operated chemical irritants, batons, rubber bullets, and water cannons—by officers of the Federal Police, the coast guard, and the border patrol during these protests. The reports also mentioned the presence of police officers in plain clothes and of coast guard personnel with firearms. Several journalists and other media workers were reportedly injured by the abuse of pepper spray and rubber bullets by officers of law enforcement agencies.

The IACHR and its Special Rapporteurship for Freedom of Expression are particularly concerned about the stigmatizing and criminalizing comments made against demonstrators by high officials, who generally described protesters as "terrorists." The government described these protests as "a contemporary coup d'état" and justified the response of law enforcement agencies as a reaction "in defense of democracy."

There were further acts of violence perpetrated by third parties, including attacks on demonstrators and journalists, while at least 33 individuals were arrested for allegedly committing crimes against the public and constitutional order and acts of public intimidation, and for allegedly inciting collective violence against institutions, among others.

According to publicly available data, Argentina's federal courts released 28 of the arrested individuals for lack of evidence and charged the remaining five individuals and placed them in pretrial detention. The federal judge who dealt with these arrests publicly questioned the actions of the police, warned that the case files were "very poor" and "incomplete," and noted that law enforcement forces "lack sufficient training."

The IACHR and its Special Rapporteurship for Freedom of Expression also received reports about acts of violence involving Molotov cocktails and fuel that were used outside the Congress building. At least 20 law enforcement officers were injured in these clashes. According to publicly available reports, some acts of violence were allegedly caused by individuals who were not protesters.

In particular, the Special Rapporteurship condemns the fact that individuals who were acting violently set fire to a car owned by the radio station Cadena 3 and attacked Cadena 3 journalist Orlando Morales. According to the Institutional Violence Committee at the Argentine Ombudsperson's Office, none of the individuals who were arrested were charged with crimes linked to this attack. The Security Minister called for efforts to establish what happened and to punish the people responsible for these events.

The IACHR and its Special Rapporteurship stress that peaceful protests are essential for democratic societies and that the State must respect, protect, facilitate, and ensure the right to freedom of expression and peaceful assembly. The IACHR and its Special Rapporteurship note that the use of public force must be an exceptional mechanism of last resort and must be restricted to circumstances that comply with the legality, absolute necessity, and proportionality principles. Firearms must be excluded from all operations to control social protests, in order to prevent lethal violence. The Argentine State must investigate these events and punish anyone who is found guilty in connection with them.

The IACHR and its Special Rapporteurship stress that, in contexts involving protests and social conflict, all authorities must do their best to spread reliable information and must refrain from stigmatizing demonstrators and from accusing demonstrators of unlawful acts as a way to eliminate dissent. Generically describing demonstrators as "terrorists" and denouncing alleged plans for "coups d'état" may have a negative impact on public debate and on the peaceful resolution of social disputes. Further, such actions may activate or exacerbate discrimination, hostility, intolerance, or violence.

In the context of their duty to ensure and protect human rights, public authorities must unequivocally condemn all acts of violence, whether they are perpetrated by public forces or by private citizens.

The State has a duty to single out violent individuals and to differentiate them from anyone who is legitimately exercising their right to protest. This difference is crucial to protect the exercise of this right and to ensure the safety of demonstrators and of third parties who are not actively involved in protests. The Argentine State must therefore implement protocols with a human rights focus that enable the authorities to differentiate violence that is not linked to the right to peacefully protest and demonstrate and, if needed, to prevent violence from endangering the human rights of all individuals.

Finally, the IACHR and its Special Rapporteurship call on the authorities to use respectful, constructive discourse that acknowledges the legitimacy of peaceful protests, as a way of expressing opinions and dissent in political debate. It is also essential for the State to enable the conditions required for journalists to be able to cover events of public interest, like social protests, given the crucial role played by the press to ensure access to information and to strengthen public debate.

The Special Rapporteurship for Freedom of Expression is an office created by the IACHR to promote the defense of the right to freedom of thought and expression in the Americas, considering the fundamental role that right plays in the consolidation and development of all democratic systems.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 158/24

7:00 AM