Religious freedom in the Argentine Republic: Twenty years after the declaration on the elimination of intolerance and religious discrimination

Brigham Young University Law Review, 2002 by Floria, Juan G Navarro

I. INTRODUCTION

"Religious Freedom," or "State Ecclesiastical Law" as it is called in Argentina, has interested me for many years not only theoretically, but also from a practical point of view. For many years I have had, and again presently have, the privilege of working in the Argentine Republic's government office in charge of religious affairs. This position has allowed me to witness firsthand the current state of religious freedom in Argentina and forms the basis for the discussion included herein.

II. THE TRADITION OF FREEDOM IN THE ARGENTINE REPUBLIC

The Argentine Republic is proud to be a country of freedom. Since its birth as a nation in 1816,1 and based on constitutional guidelines of the nineteenth century, Argentina has been a land of peace and liberty, open to "all men in the world who wish to dwell on Argentine soil."2

Setting aside the drafts of prior constitutional charters, the authors of Argentina's 1853 Constitution emphatically proclaimed religious freedom for "[a]ll inhabitants."4 In particular, the Constitution grants religious freedom to foreigners as part of the foundational program directed at attracting European immigration.5 Men and women from varied origins responded to Argentina's generous call. These people brought with them their own cultural and religious backgrounds. Thus, Protestant churches from countries such as Germany, Sweden, Norway, Denmark, and others joined the growing Anglican and Presbyterian churches in Argentina. Next, various other denominations born in and from the Reform began to appear in Argentina. Finally, important Orthodox Christian communities of Greek, Russian, Armenian, and Syrian origin, a large Jewish community, and a significant Islamic community were established in Argentina.

Because of increased immigration, Argentina's population multiplied, as did its religious diversity. During the twentieth century, Evangelical and Pentecostal churches appeared in Argentina and grew markedly. Many of these churches were of American origin, including Adventists, Jehovah's Witnesses, and The Church of Jesus Christ of Latter-day Saints, while others were founded in Argentina. Hinduism, religions with Afro-Brazilian origin, various groups of Buddhist communities, and other groups of diverse origins and creeds also began to develop in Argentina. Last, some non-religious creeds, such as Spiritism and Masonry, also developed in Argentina.

III. THE 1981 DECLARATION AND ITS CONTEXT

In November 1981, the General Assembly of the United Nations adopted the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief ("1981 Declaration").13 The 1981 Declaration was not a strange and isolated occurrence; it happened in a well-defined context, through a process that, apart from other antecedents, began after the horrors of the Second World War. The 1981 Declaration's first juridical manifestation was on the American continent: the American Declaration of the Rights and Duties of Man, which led to the signing of the Universal Declaration of Human Rights in 1948.

Since these declarations, a powerful movement for the recognition and development of what today are known as "human rights" has taken place in the world. At times, this movement has been met with serious obstacles such as the Cold War and the rise of totalitarian governments around the world. However, this juridical development among the states has been followed by a renewed interest in ecumenical and interreligious dialogue. For example, this interest was expressed by the various decisions taken by the Catholic Church at the Second Vatican Ecumenical Council on Religious Freedom, Ecumenism, and Inter-religious Dialogue.14 Argentina immediately echoed the interests expressed at this Council.

The second and most significant reason for Argentina's slow implementation of human rights treaties was political. In Argentina, as well as in nearly all of Latin America, military governments and dictatorships sporadically dominated the government throughout the 1960s and 1970s. These regimes were naturally reluctant to acknowledge different human rights. In fact, only after the rebirth of democratic institutions in 1983 did Argentina ratify and accept the main treaties signed during the 1960s and 1970s. Finally, the United Nations passed the 1981 Declaration with Argentina voting in favor.

At home, however, Argentina's political scene prevented immediate ratification of the 1981 Declaration. Two factors contributed to this delay. First, in 1981, Argentina's last military dictatorship was at its peak and was unwilling to recognize human rights. Second, in 1979, the de facto Argentine government had passed an act creating the "National Worship Registry."16 The purpose of the Registry was to control all "religious organizations" that the national government decided it should "supervise."17 By forming this type of registry, the military leaders intended to centralize control under the pretense of federalism, even though Argentina's Constitution does not specifically give the federal government such power.