Seven months into Javier Milei’s term, the government attempted to justify its policy of protest repression, including the indiscriminate use of rubber bullets, tear gas, and batons by security forces, and the criminalization of individuals and organizations demonstrating in public spaces before the Inter-American system. Through the intervention of the Secretary of Human Rights, Alberto Baños, and the National Director of International Cooperation of the Ministry of Security, Alberto Fohrig, the government reiterated its characterization of protests as uprisings against democratic authorities.
The IACHR convened the public hearing at the request of the Center for Legal and Social Studies (CELS), the Union of Workers of the Popular Economy (UTEP), the National Federation of University Professors (CONADU), the Center of Professionals for Human Rights (CEPRODH), the Argentine Federation of Press Workers (FATPREN), and the group H.I.J.O.S.
During the initial presentations, we called for the repeal of the Ministry of Security’s “public order” protocol, arguing that it violates the right to protest, and denounced the excessive police operations intended to intimidate, impede, and obstruct protests rather than protect them. “The government wants to instill the idea that protesting equals causing disorder and that those who protest are criminals or destabilizers of democracy by default,” pointed out Paula Litvachky from CELS. Angel Borello from UTEP stated that “the government seeks to associate labor unions and social movements with crime and violence, strongly stigmatizing those who protest.”
Jan Jarab, the UN High Commissioner for Human Rights representative for South America, argued that “the protocol allows the operational costs to be charged to those deemed responsible for the mobilization. This—along with other measures—strongly discourages people from exercising their right to protest.” Furthermore, the UN representative criticized the government’s use of the term “terrorist” to describe demonstrators: “Not every behavior should be labeled as terrorism. It raises concerns about the independence of prosecutors and judges when statements from the executive branch on social media are used to prosecute individuals.”
Pedro Vaca, the IACHR’s Special Rapporteur for Freedom of Expression, highlighted the need for a Commission visit to Argentina and noted that the previous protocol established by repealed Resolution Protocol 210/2011, which was repealed, had received “positive evaluations from the specialized international community.” “It’s confusing that it was repealed in favor of another that has been widely questioned,” he insisted. Commissioner José Luis Caballero agreed that the protocol sets guidelines against human rights standards and that protesting “is not only an exercise of a right but also an action related to the promotion and defense of democracy.”
Matías Aufieri, a lawyer from CEPRODH, criticized the indiscriminate use of so-called “less-lethal weapons,” as they cause irreversible health damage. He shared that he himself can no longer see in one eye due to repression on February 1st. He is one of the 665 individuals with injuries of varying severity registered in the city of Buenos Aires since Milei took office.
Carla Gaudensi, FATPREN’s representative, explained that the current protocol does not provide any specific protections for journalistic work as the Resolution 210/2011 did, and that over 50 journalists and photojournalists have been affected by beatings, gas, or rubber bullets while covering protests.
Carlos Pisoni from H.I.J.O.S. (City of Buenos Aires branch) presented the organizations’ requests for the IACHR to demand the State, among other things, to develop protocols for the use of “less-lethal” weapons that comply with international standards, repeal regulations that penalize or sanction those participating in public demonstrations, and refrain from using anti-terrorism laws to persecute demonstrators and social, labor, and human rights organizations for their participation in protests.
The State Workers Association (ATE), the Network of Social Communication and Journalism Professions (RedCom), and the Colombian human rights organization CAJAR also participated in the hearing.
Photo: Susi Maresca