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A Brief Historical and Legal Description of Religious Liberty
Argentina achieved independence from Spain in 1816 and joined the United Nations in 1945.1 The country was under military rule until 1983, but now it has a federal, constitutional democratic government. President Carlos Saul Menem of the Justicialist (Peronist) Party was elected to office in 1989. In August 1994 a Constituent Assembly of popularly elected delegates revised the Constitution, changing the presidential term to 4 years, eliminating the requirement to belong to the Roman Catholic confession in order to be president or vice president of the Republic, abolishing the electoral college system, and permitting one successive term in office.2 President Menem was re-elected in 1995. The President is considered the constitutional commander-in-chief and the defense minister. He and the federal police are responsible for maintaining law and order. The Constitution provides for the protection of human rights and the President supports increasing religious liberty, but the government closely monitors media and ideological student movements.3
The constitutional and historical antecedents of Argentina are contrary to religious liberty.4 During the colonial period, there was an official religion, Roman Catholicism, without any possibility for freedom of worship, as was enacted by the statutes, regulations, or constitutions of 1815, 1817, 1819, and 1826.
On May 2, 1825, the Province of Buenos Aires signed a treaty with England, that for the first time recognized the liberty of worship in all its territory, but only for English citizens. On October 12, 1825 the Board of Representatives of the Province of Buenos Aires approved religious freedom for all people in that province, stating the "[R]ight of every man to worship God Almighty, according to his conscience."5
Some members of the Constitutional Convention of 1853 had proposed freedom of worship, but it sparked a great controversy. After a vigorous debate, freedom of worship was recognized as a right protected by the Constitution.
A de facto government issued Decree 15.829, creating in 1946 the National Registry of Religious Groups, for all non-Catholic religious groups in Argentina.6 This decree was not enforced.
Article 5 of Law 21.745 created a new National Registry of Religious Groups, dependent on the Ministry of Foreign Relations and Worship. Decree 2037 of 1979 applied Law 21.745, compelling all non-Catholic religious institutions to register with the government.7
Decree 1867 of 1976 prohibited the activity of the Jehovah's Witnesses and all institutions linked to their Society in the whole Argentinean territory. In 1979, a court heard a case involving some Jehovah's Witnesses' students that had been suspended from school because they refused to salute the national flag as required a resolution issued by the National Counsel of Education. The court ruled that the suspension was unconstitutional because of the right to teach and learn, but avoided facing the central religious liberty issue involved. In another case, however, the National Federal Chamber in 1977 approved a similar school resolution that retired another girl from school for the same reason.8
In 1978 a court dismissed a resolution issued by the National Immigration Office, which had denied a foreign citizen permission to live permanently in Argentina because he was a Jehovah's Witness.
Decree 2683 overturned in 1980 the former Decree 1867, that banned all activities of the Jehova's Witnesses.
In 1992, the government decided to provide public access to 60,000 former Nazi files concerning their immigration to Argentina after World War II. In 1993, local Jewish communities criticized the government's failure to follow through with the decision to give access to important records including bank archives and money transfers in that time.9 Argentina is one of the largest homes for the Jewish community in the region.10
The Roman Catholic Church is sustained by the state and holds a dominant place in society. The Secretary for Religious Affairs maintains that "non-catholic creeds have other status, not inferior, but different."11 Although the government allows foreign missionaries to proselytize, it requires them to register with the Secretariat of Worship in the Foreign Ministry.12 This may lead to a bias on who may or may not proselytize. Many places are closed to Jews. There are a variety of religions practiced in Argentina. Catholics are represented by 92% of the population, Protestants 2%, Jews 2% and 2% of other faiths.13 The number of Protestants and evangelicals has increased in recent years.
In July 1993, three of the top leaders of the Protestant Church met with President Carlos Menem to urge elimination of Article 2 of the Constitution, which establishes the state support for the Catholic religion. At the same time, the Catholic Episcopal Conference published a declaration stating that the Constitutional Assembly should not reform "dogmatic" sections of the Constitution, meaning traditional church and state relations.14
Freedom of worship is still a constitutional right. The new Constitution, reformed in 1994, eliminated its previous requirement that the president and vice president be Roman Catholic.15 This requirement (former Article 76), was a sign of the constitutional preference for Roman Catholicism. The Constitutional Assembly that approved the first federal Constitution in 1853 dismissed a proposal that attempted to include all public officials in this requirement. The president, however, had to be Catholic because he exercised the institution of patronage over the church. Article 93 of the recently reformed Constitution establishes that the president and vice president will take the oath (that invokes God) before the Congress in order to take office, but their religious beliefs will be respected.
In 1993 the Executive Power sent a Draft Law on Religious Liberty to the Congress, which comprised new regulations for all non-Catholic religious groups. After two years of debate the draft law lost "parliamentarian status" and therefore was not enacted. In replacement of the project, several other draft laws on religious liberty have been sent to the Congress for consideration. A draft law that is been discussed by the Committee on Foreign Relations and Worship of the Lower Chamber establishes the same limitations for non-Catholic churches that appeared in the former draft. Among those limitations for non-Catholic churches are: to have churches in at least three provinces of the country, to have a membership of at least 5% of the local population, and to have more than 100 years of presence in Argentina.16 Dr. Angel Centeno, Secretary of Worship has denied that this Draft Law would impose undue burdens on all non-Catholic churches, such as the requirement of a minimum number of church members in order to get the incorporation papers. According to the government, the new religious liberty law would allow all non-Catholic denominations to get the incorporation papers once they have registered with the government, without other bureaucratic procedures. Also, the churches would enjoy other benefits currently denied to all non-Catholic denominations, such as certain tax exemptions, religious assistance in public hospitals, prisons, and the armed forces.17
In July 1995, the Secretariat of Worship sent to the Congress a draft law to modify the current penal code on religious matters. The proposal includes punishment for crimes against religious institutions, attacks on religious ministers, and desecration of chapels and tombs. The draft law establishes additional burden for offenses that have religious background. Among those are: illegal exercise of medicine, retention of minors, and instigation to massive suicide. An influential Baptist pastor and historian commented that the project improves the characterization of Protestant ministers, since they are recognized with the same status of Catholic priests. The project establishes more severe punishments for offenders that have "moral authority upon the victim."
Constitutional Provisions and Legislation Relating to Religion
Argentina adopted its first Political Constitution in May 1853. This Constitution assured the free exercise of religion, but gave the Roman Catholic church more privileges than other religions.18
Provisions relating to religious freedom in the reformed Constitution of 1994 are as follows:
Article 2. The federal government sustains the Catholic, Apostolic, Roman Religion.Article 14. All the inhabitants of the Nation enjoy the following rights according to the laws that govern their exercise: to work and exercise every legal industry; to sail and trade; to petition the authorities; to enter, stay, and leave the Argentinean territory; to publish their ideas through the press without censorship; to use and dispose of their property; to associate with useful purposes; to profess their religion freely; to teach and learn.
Article 17. Stated as a law on labor contracts, it prohibits discrimination against workers on grounds of race, sex, nationality, religious reasons, politics, trade unions, or age.19
Article 19. The private actions of people that do not offend in any way the public order and morality, nor damage a third person, are only reserved to God, and are exempt from the authority of the magistrates.
In August 1994, the Argentinean Constitutional Convention eliminated Article 76. Currently, the president and vice president are not required to be members of the Catholic religion.
Law No. 23592 was passed in August 1988. This law punishes persons who carry out discriminatory acts and increases prison sentences "[F]or persecution or hatred of a race, religion or nationality, and for the purpose of destroying in part or in full a national, ethnic, racial or religious group," as stated in the Penal Code.20
Law No. 21.745 and its complementary Decree 2037/79, rule religious liberty for non-Catholic professions, which previously must be listed in the National Registry of Religious Groups. The inscription is denied or canceled when "a) there is no-fulfillment of the law and the decree; b) when there are proofs that the principles and/or purposes that originated the religious association are harmful to the social order, the national security or morality and good customs; c) when the activities of the religious group are different from the purposes that originated the association and is in some way harmful to other religious organizations."21
The legislature has debated various provisions related to religious liberty. In 1992, some legislators attempted to introduce the Jimenez Montilla Draft Law, a reform to Argentina's penal code, which would imprison, for 2 months to 6 years, any person found guilty of crimes against religious feeling, breach of faith and illegal exercise of worship.22 A new draft law on religious liberty is being discussed in the Argentinean Congress. While it has the approval of some Protestant groups, others have voiced their opposition.23
The Secretary for Religious Affairs denied that Argentina has an official religion, arguing that the Constitution simply establishes a financial support to the Catholic Church. This annual support amounts to 10 million dollars a year.24
The secretary also declared that in terms of civil rights there is no difference between Catholic citizens and non-Catholic citizens in Argentina. Concerning the Draft Law of Worship currently discussed in the Congress, he declared that it would be greatly beneficial for all non-Catholic religious groups because it will not enforce mandatory registration procedures in the National Registry of Religious Groups for non-Catholic religious groups. According to the secretary, if approved, the new Law would protect the facilities of the churches, would permit organized activities of religious assistance to hospitals, jails, and military grounds.25
The Secretary of Worship further states that the Draft Law recognizes automatically the incorporation papers of all non-Catholic churches that wish to get registered in the Registry. Currently, all non-Catholic religious groups who wish to have their incorporation papers approved, and be recognized by the state, have to organize themselves as civil institutions, similar to sports, professional, or cultural associations. Religious institutions would not be forced to accept registration procedures to work freely.26
The three main associations of Evangelical churches in Argentina argued that the Draft Law of Worship was discriminatory because it could create second class churches if they did not want to get registered.27
Recent Reported Cases of Religious Intolerance
PERSECUTION OF THE JEWISH COMMUNITY:
The Menem government is trying to increase religious freedom, but its task is facing many obstacles. In April 1991, 110 tombs in a Jewish cemetery were vandalized; human skulls and skeletons were stolen from the tombs. Despite the death threats sent to the investigating judge, two members of the Argentine Nazi Party were charged with the crime.28 Again, in late 1992, a Jewish cemetery in Formosa province was desecrated and in September 1993 a Jewish cemetery at La Tablada in Buenos Aires was vandalized.29 In March 1992, the Israeli Embassy in Argentina was bombed by a terrorist group. This attack is unresolved and no charges have been issued.
In 1994, two major events heightened the Jewish community's concerns about anti-Semitism in Argentina: The terrorist bombing of the Argentine Jewish Mutual Association (AMIA), that killed close to one hundred persons and wounded many more, and the arrest and extradition proceedings against ex-Nazi official Erich Priebke. Senior government officials, including the President, expressed solidarity with the Jewish community after the bombing and stated their commitment to find the perpetrators. Even before the bombing, anti-Semitic incidents (threats, assaults, graffiti) increased during the first 6 months of 1994. The Government actively investigates these crimes.30
DISCRIMINATION AGAINST PROTESTANT CHRISTIANS:
Many Argentineans are antagonistic toward the practice of religion other than Catholicism. The Jewish community is not the only non-Catholic religion that faces discrimination and even persecution. Christians face hostility from Argentinean society as well.
In August 1995 the Roman Catholic Bishop of the City of San Luis, Juan Rodolfo Laise, prohibited the Catholic population from attending an evangelistic campaign carried out by an Evangelical minister. The bishop declared to the media that the Evangelical minister, Rev. Omar Cabrera, a prominent leader of the [Evangelical Church of Argentina] was the head of one of "those many cults that confuse the public opinion."31 In the Bishop's opinion, Cabrera was a "fake priest."32
Despite cultural animosity, non-Catholics are fighting for freedom of conscience and worship. In August 1994, evangelical Christians marched in front of the Constitutional Convention to petition for separation of church and state in Argentina. Protestant churches also petitioned Argentina's Constitutional Convention to either eliminate Article 2 which states: "The Federal Republic of Argentina sustains...the Apostolic Roman Catholic Church," or modify it to read: The Federal Republic of Argentina "permit the cooperation for the common good of all religious entities with equality of conditions." The petitioners' request was denied, although the Argentinean Constitutional Convention did modify Article 76 so that the president of Argentina is no longer required to be a member of the Apostolic Roman Catholic religion. Members of other religions may now run for the presidency.33
Christian radio broadcasters expressed their fears in recent months that the government might be preparing to close down numerous stations throughout the country, following the closure of three Christian stations in 1993. Some 100 stations could suffer closure. At the same time, the Federal Committee for Radio Broadcasting granted 90 new frequencies to the Roman Catholic Church, citing constitutional privileges for that religion.34
In March 1994, an evangelical soldier, Omar Carrasco, was brutally killed by army officers in Zapala. Although government and military authorities have denied the existence of any religious link in the murder, some relatives of the victim suspect he was killed because of his faith.35 Again, the National Secretary of Worship declared that there was not a single proof to assert that the crime has any relationship with religious hatred.36
ENDNOTES 1. Edward H. Lawson, ed., Encyclopedia of Human Rights (New York: Taylor & Francis, Inc., 1991): 94.2. U.S. Department of State. Country Reports on Human Rights Practices for 1994 (Washington, D.C.: United States Government Printing Office, 1995): 310-312.
3. U.S. Department of State. Country Reports on Human Rights Practices for 1993 (Washington, D.C.: United States Government Printing Office, 1994): 348.
4. Pablo A. Ramella, Derecho Constitucional, Buenos Aires (1986): 324.
5. ibid.
6. ibid, 326.
7. ibid, 327.
8. ibid.
9. U.S. Department of State (1993): 352.
10. Stacy Weiner, "Latin America." Jewish Monthly (October\November 1993): 52.
11. La Nación Newspaper (April 12, 1992) cited in Pedro C. Moreno, "Constitutional Reforms in Latin America Promoting Religious Freedom," at the XXXI Annual Conference of the Inter-American Bar Association (Paper Presented in Puerto Rico: June 25-30, 1994): 8.
12. U.S. Department of State (1993): 351.
13. Lawson, 94.
14. "Argentina: Church and State Relations Excluded from Constitutional Reform." News Network International: International News Service (August 17, 1994): 4.
15. U.S. Department of State (1994).
16. "Nuevos proyectos que intentan reglamentar la libertad religiosa." El Puente, Argentina (October 1995): 20.
17. Interview in Buenos Aires, with Pedro C. Moreno, International Coordinator for TRI, Rutherford (Spanish Edition), July 22, 1994.
18. Moreno, 14.
19. Annual Report of the Inter-American Commission on Human Rights 1992-1993 (Washington, D.C.: Organization of American States, 1993): 226.
20. ibid.
21. Letter from the Embassy of the Argentine Republic in the U.S. to The Rutherford Institute, Washington, D.C., September 11, 1995.
22. La Nación Newspaper (April, 1992), cited in Moreno, 8.
23. "Evangélicos reafirmaron su disposión al diálogo." El Puente, Argentina (July, 1995): 20.
24. Interview with Pedro C. Moreno.
25. ibid.
26. ibid.
27. "No a la Ley de Culto del gobierno." El Puente, Argentina (December 1993): 13.
28. Human Rights Watch. Human Rights Watch World Report 1992 (New York: Human Rights Watch, Inc., 1992): 143.
29. U.S. Department of State (1993): 352.
30. U.S. Department of State (1994).
31. "Gran impacto de Omar Cabrera en San Luis." El Puente, Argentina (October 1995): 20.
32. ibid.
33. Dave Miller, "Church-State Relations Excluded From Constitutional Reform." News Network International (August 17, 1994): 4.
34. "Argentina." News Network International: Special Edition (May 26, 1993): 2
35. "La muerte del soldado Carrasco." El Puente (May 1994): 5.
36. The National Secretary of Worship of Argentina sent a personal letter to The Rutherford Institute in July
1994 stating that the crime was not religiously motivated.
Other Sources:
July76. 21, 1994: Pedro Moreno interviewed former President of Argentina, Dr. Raul Alfonsín.
April 476, 1995: Fax from Dr. Angel Centeno, Secretary for Religious Affairs, Ministry of Foreign Affairs, Argentina.
Source: Handbook on Religious Liberty Around the World, Pedro C. Moreno, Editor. Charlottesville, VA: The Rutherford Institute. This report is reprinted here by special arrangement with the Rutherford Institute and may not be reproduced or mirrored on another webside without written permission of the Rutherford Institute.
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