IACHR hearing on freedom of expression
Contribution of CELE to the hearing on freedom of expression in Argentina before the Inter-American Commission
Different civil society organizations, union representatives and delegates of the Argentine State participated on November 19 in the hearing on the situation of freedom of expression in Argentina convened by the Inter-American Commission on Human Rights. The session is the result of two requests promoted by civil society organizations, academia and experts. CELE was one of the organizations that supported the request made by the Argentine Journalism Forum (FOPEA).
The participating organizations denounced a rapid and pronounced deterioration in the conditions for journalistic practice in Argentina. They pointed out a significant increase in attacks against journalists, ranging from internet violence and harassment to physical violence, and many times carried out by public authorities. CELE had already highlighted and analyzed this situation, also noted in the most recent report of the Office of the Special Rapporteur for Freedom of Expression (RELE) of the Inter-American Commission on Human Rights. FOPEA described as “narratives of hate and misinformation” the ongoing patterns of attacks by public government officials, used strategically for silencing through the restriction of public debate, especially by President Javier Milei, who stated, on repeated occasions, that “we do not hate journalists enough.”
During the hearing, civil society called attention to the seriousness of the increase in attacks, which have also been physical. The case of Pablo Grillo was recalled, the photojournalist who was seriously injured with a tear gas cartridge fired by an agent of the National Gendarmerie in the framework of an operation to repress the protests of retirees in the City of Buenos Aires in March of this year. After 8 months, Grillo remains hospitalized and no progress has been made in relevant investigations into the conduct of the Gendarmerie that afternoon. Judicial intimidation behaviors were also addressed. Poder Ciudadano referred to institutional restrictions, emphasized the use of justice as a weapon to silence critical voices and cited the modifications to the Access to Public Information Law as a critical point.
The Argentine State, through the Undersecretary of Human Rights, Alberto Julio Baños, dismissed the complaints from civil society. He indicated that there are no structural or intentional regulatory restrictions to limit freedom of expression or journalistic activity in Argentina; He expressed that no regressive measures have been adopted in this regard and that the situations pointed out by academic and civil society organizations are isolated events and not a systematic policy or practice on the part of the State.
The delegate made reference to a request for information made by RELE in July of this year, and questioned the office’s competence to send said request. Faced with this, the president of the IACHR, Jorge Luis Caballero, reported that on November 7 the Commission responded to the Argentine State based on Article 41 of the American Convention on Human Rights and highlighted the powers that the Office of the Special Rapporteur has to request information on the human rights situation from the States parties. He indicated that the RELE is competent to make the request and that it was made with the full knowledge of the Commission.
The Special Rapporteur for Freedom of Expression, Pedro Vaca, emphasized the importance of freedom of expression and freedom of the press for democratic societies, and the need for environments of institutional trust for the exercise of journalism. At the same time, he recalled that in the Inter-American System there are express standards of freedom of expression that must be applied to guarantee that right.
During the hearing, civil society representatives also requested that the IACHR carry out detailed monitoring of the repressive and aggressive context that affects freedom of expression in Argentina, promoting a dialogue with the national government to adopt urgent measures to stop the attacks, reinforce the limits and obligations of officials, and end the violent repression against journalists and protesters.