Country Report on Human Rights Practices for 1987

ARGENTINA 



In the fourth year since its return to constitutional 
government, the Argentine people and their elected leaders 
continued to demonstrate in 1987 a strong commitment to 
democracy and the rule of law. Argentina is governed by a 
Constitution with an elected president, bicameral legislature, 
and autonomous judiciary. In 1987 Argentina held its third 
successful national election in 4 years, following an extended 
campaign, free and open debate, dozens of rallies, and full 
press coverage. All elements of the ideological spectrum are 
represented in Argentine politics. Criticism of the Government 
and opposition to it are freely expressed. The military and 
police operate under civilian political control and the courts 
review charges of abuses. Respect for individual rights is 
strong . 

A political crisis occurred in 1987 concerning prosecution of 
military personnel for alleged abuses committed during the 
1976 to 1983 period of military rule. The Government's 
attempt to bring a definitive end to the prosecutions through 
the so-called "punto final" law of December 1986 brought 
hundreds of cases to the federal courts early in the year. 
Following an April uprising by a group of military officers. 
Congress passed a "due obedience" law, the practical effect of 
which was to protect from prosecution all but an estimated 50 
retired, and perhaps one or two active duty, officers. Some 
human rights activists and opposition leaders criticized the 
law, but all agree that it was adopted in full accord with 
constitutional requirements. Tensions over human rights 
trials lessened considerably in the latter half of the year. 

The inefficiency of the judicial system and conditions in 
Argentine prisons provoked some protests in 1987, but reforms 
currently before Congress and new construction are expected to 
ameliorate the problems. Political bombings increased in 
1987, but injuries and damage were minimal, and none were 
conclusively attributed to any institution. The Government 
received generally high marks from all observers on its 
respect for the basic human rights of its citizens. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 
Freedom from: 

a. Political Killing 

There were no credible reports of political killings by the 
Government in 1987. Some human rights organizations, 
political movements, and press representatives criticized 
police — particularly in Buenos Aires province — for the number 
of deaths resulting from armed confrontations with criminal 
suspects. The most widely publicized of these incidents 
occurred in the district of Ingeniero Budge, where three men 
were shot and killed by local police in May while allegedly 
resisting arrest. Critics claim police routinely shoot to 
kill. The police note that most of the disputed killings 
occur in dangerous zones of Buenos Aires where officers feel 
threatened. 

Apparent politically motivated bombings rose substantially in 
1987. Most were small explosions late at night, causing 
little damage or injuries. Targets covered the political 
spectrum, including the right, left, national parties, 
military, church, human rights groups, press, and judicial 

oficials. The incidents clustered around high profile 
events, such as the Pope's visit in early April, the Easter 
week military crisis and military trials debate, and the 
September 6 national elections. The perpetrators never 
claimed formal responsibility for the bombings, and there is 
no consensus on the possible identity of the persons or groups 
responsible. There have been few arrests. 

b. Disappearance 

There vore no known abductions, secret arrests, or 
disappearances linked to or condoned by the Government during 
1987. In at least one instance, that of the overnight 
abduction of a student member of the Argentine Communist Party 
in July and her subsequent abduction in November, critics 
charged that members of the security forces were acting as 
unauthorized vigilantes against political opponents. A number 
of kidnapings connected to criminal extortions occurred. Not 
all v;ere reported to the authorities; some ended in release of 
the victim without identification of the perpetrators. 

The Undersecretariat of the Interior for Human Rights 
estimates that 39 minor children whose parents disappeared 
during military rule have been identified since 1984. 
Eighteen were returned to their families, 11 remain with 
adopted families, 6 cases are before the courts, and 4 were 
determined to have died. In 1987 the Government identified 
four children living in Paraguay as offspring of Argentine 
citizens who disappeared during military rule. The Government 
requested their return and recalled its Ambassador in August 
for 3 months to protest the official Paraguayan refusal to 
return the children and their purported parents. The 
Paraguayan courts have reopened the case for further 
consideration. 

In October-November, the Argentine Federal Police broke up a 
kidnap gang that operated in the late 1970 "s and early 
1980's. Six police officers were arrested for the kidnapings 
and murders of three Argentine businessmen. One later 
committed suicide in jail, and a seventh committed suicide to 
avoid arrest. Evidence so far suggests that the police 
officers operated purely for extortion, with no political 
overtones. The families of the victims and at least one 
prosecutor have suggested that members of an Argentine army 
intelligence unit were also involved. 

In Ai!gust President Alfonsin signed a decree providing 
pensions to spouses and minor children of victims who 
dit;appeared between 1976 and 1983. 

c. Torture and Other Cruel, Inhuman, or Degrading 
Treatment or Punishment 

The Constitution prohibits torture. A 1985 criminal code 
reform provides penalties for torture similar to those for 
homicide. Argentina han ratified the U.N. Convention Against 
Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment. In spite of the reforms and ratification, some 
human rights groups accuse police of continuing to mistreat 
prisoners. There are procedures for investigating claims of 
mistreatment administratively, through the Undersecietariat of 
Interior for Human Rights and through the Courts. Argentina's 
prisons are generally old, and the conditions provoked some 
prison protests, hunger strikes, and riots in 1987. Some 
prisoners and wardens were injured. The number of prison 
disturbances in 1987 was fewer than in the year before. 
Government officials say they are improving prison conditions. 

d. Arbitrary Arrest, Detention, Exile, or Forced Labor 

Argentina has a well-developed legal code containing express 
protections of individual rights and controls on police arrest 
and investigatory powers. Arrests require probable cause or a 
judicial order, and the law provides for a judicial 
determination of the legality of detention. However, the 
penal code gives the courts authority to detain individuals 
without notice or charges for up to 8 days during 
investigations. Even in the case of minor offenses, holding 
suspects without charges for several days is not uncommon. 

Forced or compulsory labor is forbidden by law and is not 
practiced. 

e. Denial of Fair Public Trial 

Argentina's judicial system is widely recognized as fair and 
independent, if frequently slow and cumbersome. The 
Constitution and penal code provide for trials before 
professional judges and appellate review of all judicial 
rulings, including those of military courts. Federal courts 
interpret constitutional protection against "arbitrary" trial 
process to permit wide-reaching review of criminal 
prosecutions . 

Inadequate resources and time-consuming procedures seriously 
impede the judicial system. In 1987 the Secretary of Justice 
submitted draft judicial reforms to the Congress which are 
designed to streamline the judicial system through more 
efficient legal procedures and professional personnel. Oral, 
as opposed to written, testimony would be permitted for the 
first time in criminal prosecutions. 

As in most civil law countries, trial by jury does not exist; 
verdicts are rendered by judges. The police have legal 
authority to judge misdemeanor cases, which are often settled 
by senior police officials. The legal system provides for 
public defenders, but in 1987 caseloads exceeded what these 
officials could handle. The right to bail is provided by law 
and observed in practice. 

Some human rights groups claimed there were 12 political 
prisoners incarcerated at the start of 1987. The Government 
asserts that the prisoners were convicted for violent crimes 
prior to the 1976 military coup, by constitutional courts 
whose verdicts could not be summarily overturned by the 
executive branch. Human rights groups believe the prisoners 
were convicted under proceedings lacking in minimum due 
process. The prisoners claim they confessed under torture or 
duress and were denied an adequate defense. Six of the 
prisoners were released in 1987 following judicial review of 
their cases and application of Argentina's 1984 law counting 1 
year in prison since 1976 as 2 years. Six remain in jail. 
The Inter-American Human Rights Commission has agreed to 
review the case of one of those who has since been released. 
Argentina's best known former guerrilla, Montonero leader 
Mario Firmenich, was convicted and sentenced to life 
imprisonment in May for murder and kidnaping. He has appealed 
the conviction. 

Tension resulting from the prosecution of military personnel 
for human rights abuses committed during military rule erupted 
into political crisis in 1987. Following the December 1986 
"punto final" law imposing a 60-day deadline for initiating 
additional military prosecutions, as many as 400 cases were 
brought before the federal courts by March. In April an Army 
major refused to respond to a subpoena, and a Lieutenant 
Colonel gathered a group of supporters at the Campo de Mayo 
Army Base to demand redress on prosecutions and other issues. 
After several tense days, the officers returned to their 
bases. In May Congress passed legislation legitimizing the 
"due obedience" principle by which virtually all military 
personnel below the ranks of colonel or navy captain are 
presumed to have acted under orders between 1976 and 1983 and 
are not subject to prosecution. The Supreme Court upheld the 
constitutionality of the principle of "due obedience," thus 
effectively reducing the number of prosecutions to an 
estimated 50 retired and possibly one or two active duty 
officers. Some of the tension with the military dissipated 
after passage of this law. Isolated incidents occurred at 
individual bases in late 1987, but none approached the 
intensity of the April crisis. 

f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence 

There is constitutional protection against unreasonable search 
and seizure. Few cases of arbitrary intrusion by the State 
into the private lives of persons were reported in 1987. A 
1985 bill providing criminal penalties for arbitrary 
interference with personal privacy, home, or correspondence 
remains pending in the Congress. 

Section 2 Respect for Civil Liberties, Including: 

a. P'reedom of Speech and Press 

Argentina enjoys a free press. An active and independent 
press covers the political spectrum. Criticism of the 
Government is fully tolerated, and opposition viewpoints are 
freely expressed. Nevertheless, the State owns 40 percent of 
the radio stations and controls the franchises on others as 
well as the franchises for television stations it does not 
already own. Three of the four principal Buenos Aires 
television channels which are syndicated throughout the 
country are government owned. Som.e observers criticize both 
the government domination of the national newsprint industry 
and the "right of reply" law which exists in many provinces. 
Representatives of the Argentine press charged the Government 
with prior censorship in May when it sought and obtained a 
court order prohibiting publication of a paid advertisement 
defending a former military junta member convicted in 1985. 
An appellate court subsequently overturned the lower court's 
injunction, but the affected newspapers have appealed the case 
to the Supreme Court for a definitive ruling on the 
constitutional right to publish v/ithout injunction. These 
issues were fully debated in the national press. Critics did 
not accuse the Government of limiting or controlling debate, 
although some believe the Government's Secretariat for Public 
Information influences press coverage of certain political 
matters . 

At its 1987 Conference, the Inter-American Press Association 
(lAPA) was generally satisfied with respect to the press in 
Argentina. lAPA was critical, however, of Argentina's "right 
of reply" laws, the injunction against a paid advertisement, 
the law prohibiting newspapers from owning broadcast stations, 
and the specific case of a provincial editor who was sued for 
refusing to reveal his news sources. 

Academic freedom is respected. Students and faculty complain 
about, and in some cases have engaged in strikes to protest, 
the limited government resources dedicated to public education. 

b. Freedom of Peaceful Assembly and Association 

All groups and political parties are free to organize and 
assemble. Argentine law requires political parties to support 
the Constitution and a democratic, representative, republican, 
and federal form of government in order to register for 
elections. At present, no party has been denied registration. 

During the 1987 election campaign, dozens of parties held mass 
rallies. The police received some criticism for the manner in 
which they broke up a demonstration against the Pope's visit 
in April and the arrests of several members of the "Mothers of 
Plaza de Mayo" human rights organization for defacing a 
national monument in July. In neither instance were the 
police accused of trying to stifle peaceful assembly. 

The labor movement is a major independent, economic, and 
political force. About one-third of the work force is 
unionized. Previous military regimes suspended laws governing 
labor relations and systematically blocked many trade union 
rights. After months of debate in 1987, the Congress has 
passed legislation recasting the legal codes to restore free 
collective bargaining and the normal ground rules for 
industrial relations and trade union activities. 

Argentina's largest labor organization, the General 
Confederation of Workers (CGT) , was active economically and 
politically in 1937. The CGT and many individual unions 
engaged in consultations with employers and the Government on 
issues affecting labor and the economy. Unions have the right 
to strike in Argentina, and many exercised that right in 
1987. The CGT led several general strikes of one day or 
less. The Confederation and member unions played an active 
role in the September 1987 national election campaign. 
Argentine unions are active in the international trade union 
movement . 

c. Freedom of Religion 

The Constitution provides for the free exercise of religion, 
but also establishes Roman Catholicism as the state religion. 
The Government provides financial support to the Roman 
Catholic Church and the Constitution requires the president 
and vice president to be Roman Catholics. Other religions 
must complete a pro forma registration with the Government to 
obtain legal recognition. Missionaries from any religion are 
permitted to enter Argentina and proselytize. The non-Catholic 
population is growing. Argentina's Jewish community (at an 
estimated 300,000, the largest such community in Latin America) 
practices its religion without official restraint. 

d. Freedom of Movement Within the Country, Foreign 
Travel, Emigration, and Repatriation 

International and internal travel as well as emigration are 
unrestricted. Refugees are not forced to return to countries 
from which they have fled. In September the Government 
declared an amnesty for undocumented aliens residing in 
Argentina . 

Section 3 Respect for Political Rights: The Right of Citizens 
to Change Their Government 

Argentina is a federal republic, governed by an elected 
president, bicameral legislature, and an independent 
judiciary. Since September 1983, Argentina has held three 
national elections to choose a president, vice president, 
provincial governors, all national deputies, provincial 
legislatures, mayors, and municipal councils. By all 
accounts, each election was free, fair, and democratic. The 
September 1987 national elections resulted in major gains for 
the principal opposition Justicialist Party and losses for the 
governing Radical Party. 

Twenty political parties--ranging from left to right--will be 
represented in the Congress as a result of the September 
election. Additional parties won election in individual 
provinces. From the powerful Just icialists to miniscule 
provincial movements, Argentina's opposition parties operate 
freely. Women and minorities have full political rights and 
are not excluded from political life. 

Women participate freely in Argentine politics. There were 
scores of women candidates in the three national elections 
since 1983. Effective December 1987, 13 women sit in the 
National Chamber of Deputies, a body of 254 members, and 3 
women sit in the 46-member National Senate. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 
of Human Rights 

Amnesty International, the International Committee of the Red 
Cross, and a host of international human rights organizations 
enjoyed free access throughout Argentina. Eleven domestic 
human rights organizations operated openly in 1987, despite 
occasional bombings, death threats, and harassment from 
unidentified sources. During January and February, the 
organizations brought hundreds of charges to the federal 
courts related to disappearances during the years of military 
rule. Most of Argentina's human rights groups actively 
opposed and openly lobbied the Government against passage of 
the "due obedience" law in May. 

Suspected Nazi war criminal Josef Franz Leo Schwamberger was 
arrested in November and is being held for possible 
extradition to the Federal Republic of Germany. Jewish 
organizations expressed satisfaction with the arrest and 
extradition but concern at the lengthy delay in locating and 
arresting the suspect. 

Argentina plays an active role in both the United Nations 
Human Rights Commission and the Organization of American 
States' Inter-American Human Rights Commission. The 
Government has ratified the American Convention on Human 
Rights (1984) and the U.N. Conventions on Torture, Civil and 
Political Rights, and Economic, Social and Cultural Rights 
(all in 1986) . 

Section 5 Discrimination Based on Race, Sex, Religion, 
Language, or Social Status 

Argentine women are active in government, the professions, 
politics, and private voluntary organizations. Although there 
is no official policy of discrimination against them, women 
have to contend with some discrimination that is rooted in 
cultural, economic, political, religious, and social 
structures. Legislation banning sex discrimination is pending 
in the Congress. 

Argentina adheres to the U.N. Convention for the Elimination 
of Discrimination Against Women. In June the Congress passed 
legislation recognizing divorce in Argentina. 

About 20 percent of Argentina's full professors and about 50 
percent of the assistant professors are women. One private 
university has a woman rector. Almost 50 percent of the 
medical and law school graduates in 1987 were women. 

There is a current of anti-Semitism in Argentine society and 
occasional anti-Semitic incidents occur. In the final months 
of 1987, Argentina's Jewish community expressed concern at 
signs of increasing anti-Semitism. They specifically cited 
anti-Semitic remarks during a public Mass in September, 
anonymous threats following the Schwamberger arrest in 
November, and a November synagogue bombing. A draft bill 
providing criminal penalties for racial, religious, and other 
forms of discrimination is pending in Congress. 

CONDITIONS OF LABOR 

Argentina offers comprehensive protection of workers' rights. 
The maximum workday is 8 hours; the maximum workweek is 48 
hours. Premiums must be paid for work beyond those limits. 
Children under 14 years of age may not work except in the 
family. Minors of ages 14 and 15 may work but not more than 6 
hours a day or 35 hours a week. The same law applies to minors 
16 to 18 years of age, although competent authority may allow 
an exception. Rules governing vacations, minimum wages, and 
occupational health and safety are comparable to those in 
other Western industrial nations, and are respected in 
practice .