A wave of protests sweeps Argentina as new government takes power and declares a state of economic emergency

Introduction

Unprecedented use of executive powers to restrict fundamental freedoms

On 10th December 2023, Javier Milei, the Libertad Avanza sector leader, assumed the presidency of Argentina. During his campaign, Milei pledged severe cuts in government spending, expressed scepticism about climate change, downplayed systematic human rights violations during the country’s most recent dictatorship, and opposed the decriminalisation of abortion.

In November 2023, Victoria Villarruel, now Argentina’s vice president, called for terminating human rights-related legal proceedings and shutting down the memorial museum. The museum was formerly the site of the Navy Mechanics School, which served as a covert detention centre during the 1976-1983 dictatorship.

Since taking office, Milei has initiated several changes to fulfil his electoral promises and carry out structural reforms, which will likely impact fundamental freedoms. On 12th December 2023, the finance minister announced a more than 50 per cent devaluation of the national currency, alongside price liberalisation and economic austerity measures.

Peaceful assembly

New security protocol arbitrarily restricts freedom of peaceful assembly

On 14th December 2023, the Ministry of Security issued a protocol for maintaining public order during road blockages, commonly referred to in the country as ‘piquetes’ (Resolution 943/2023). This ‘anti-picket’ protocol grants police and federal forces arbitrary discretionary powers to disband or disperse such blockades without a court order. Article 2 of the protocol establishes that any demonstration involving street or road blockades is considered a crime in flagrante delicto against traffic and transportation safety. Additionally, the protocol includes measures to gather information that could affect due process, presumption of innocence and the right to privacy.

These restrictions include dispersing all assemblies, arresting protesters and imposing subsequent penalties. While recognising the necessity of protecting public order and the right to circulation, this protocol suppresses all roadblocks. Such measures defeat the very purpose of this freedom and impose undue limitations, as recognised by international human rights standards.

According to General Comment No 37 of the Human Rights Committee, “[…] assemblies are a legitimate use of public and other spaces, and since they may entail by their very nature a certain level of disruption to ordinary life, such disruptions must be accommodated, unless they impose a disproportionate burden, in which case the authorities must be able to provide detailed justification for any restriction.” (CCPR/C/GC/37, par. 47).

More than 1,700 CSOs and 1,500 people have petitioned the Argentine state to repeal this protocol, which aims to prevent and repress protests. On 19th December 2023, these organisations submitted two international complaints to the UN Special Procedures and the Inter-American Commission on Human Rights, arguing that the protocol sets guidelines for police and state interventions contrary to the fundamental civic freedoms enshrined in the national and international legal framework. Following this, on 23rd January 2024, three UN Experts raised concerns about the protocol’s incompatibility with international standards.

This new protocol is also concerning as it directly targets one of the most common forms of assemblies in Argentina in recent years. Protesters frequently block streets for extended periods to voice their demands.

Threats to workers’ right to strike, the Argentine judiciary blocks the DNU labour and union reforms

On 21st December 2023, Milei presented the ‘mega’ Decree of Necessity and Urgency No. 70/2023 (Decreto de Necesidad y Urgencia, DNU), comprising over 70 law reforms aimed at deregulating significant sectors of the economy, drastically eroding labour rights and paving the way for mass privatisation of crucial state-owned enterprises. It established a two-year ‘emergency’ period, allowing the executive power to enforce related measures until 2025 (Article 1). It will automatically take effect on 28th December 2023 unless rejected by Congress or deemed unconstitutional by the Supreme Court.

The DNU would limit workers’ right to strike by mandating a minimum of 75 per cent activity coverage for essential services and 50 per cent for relevant services, as proposed in Article 24 of Law 25,877. For instance, radio and television stations fall under relevant services. In response, the International Federation of Journalists rejected these legal reforms, as they would immediately impact media workers’ rights, already experiencing high precarity levels.

In addition, the proposed amendment to Article 242 of the Labour Contract Law No. 20,744 presumes grave injury in cases where direct action measures affect non-striking workers’ freedom, such as obstructing access to job facilities, damaging property, or unauthorised retention. According to the CELS’s legal analysis, these actions could be considered just cause for contract termination, thus restricting both individual and collective strike rights.

Several CSOs have initiated administrative law proceedings. For instance, on 28th December 2023, the Center for Legal and Social Studies (Centro de Estudios Legales y Sociales, CELS) filed a complaint before an administrative federal court, arguing that the DNU violates the separation of powers and infringes upon the rights of vulnerable groups. On 18th January 2024, an administrative federal court dismissed the complaint, stating it failed to meet necessary prerequisites.

Similarly, on 27th December 2023, the General Confederation of Labour (CGT), the nation’s largest labour union, filed a writ of amparo. On 24th January 2024, the First Instance National Labour Court in Buenos Aires granted a partial and provisional suspension of the DNU. Six days later, an appeal court declared the DNU IV Chapter (labour and union issues) unconstitutional, citing the absence of necessity and urgency, as regulated in Article 99.3 of the National Constitution.

CSOs raise concerns about a draft law criminalising peaceful assembly

On 27th December 2023, the government sent to Congress the draft law for Bases and Starting Points for the Freedom of Argentines (Omnibus draft law). This draft law proposes extensive reforms across legal, institutional, tax and penal sectors that would negatively impact people’s lives through deregulation and the state’s withdrawal from providing essential services. It includes Chapter IV on security and defence, which aims to amend the Penal Code and legislation regulating assemblies.

The Penal Code would introduce harsher penalties for obstructing or disrupting transportation and public services. For instance, proposed Article 194 stipulates that “any person who, without creating a situation of common danger, obstructs, hinders, or disrupts the normal operation of land, water, or air transportation, or public communication services, water supply, electricity, or energy substances” will be punished with imprisonment for one to six years.

Organisers of such disruptions, whether present or not, will face imprisonment and fines. The definition of organisers is expanded to include anyone coordinating or providing material support for a demonstration. Organisers are held jointly liable for damages caused by participants and face additional fines for non-compliance with regulations, including disruption of public transportation and unaccompanied minors at protests.

A mandatory notification procedure is also included, requiring demonstrations to be notified to the Ministry of Security 48 hours in advance, with spontaneous events notified as soon as possible. This Ministry has the authority to oppose or modify the event based on safety concerns and is responsible for managing protests, treating them as threats to public order and security rather than as fundamental freedom.

If approved, this draft law would impose disproportionate criminal sanctions against protesters. As indicated by the Centre for Legal and Social Studies (CELS), an Argentine human rights organisation, “the draft law incorporates legislative changes to reframe social protest as a crime against public order, aligning with practices seen in totalitarian regimes. It seeks to impose multiple restrictions that expand the criminalisation of protesters, leaders and organisations without safeguarding the rights of protesters.”

Argentina has experienced massive public demonstrations against the newly elected government

Since President Milei took office, people have protested since the new measures were introduced in December 2023 (see introduction). Most of the protests have taken place peacefully, but some faced repression by the security forces, resulting in detentions and injuries. The following is a summary of some of the most important events:

• On 20th December 2023, thousands took to the streets for the first time to oppose Milei's government. Protesters encountered a significant police presence aimed at preventing roadblocks outside the Congress building. Despite the tense atmosphere, the protest transpired without acts of violence. The government issued multiple warnings before the protest to deter roadblocks, advised against children's participation and threatened to revoke social benefits from those engaging in such actions. A dedicated telephone line was established to allow individuals to report anonymously any coercion to partake in the protest. According to official sources, this line received 9,000 calls.

• On 21st December 2023, a peaceful protest took place in Cordoba city, located in central Argentina. The police employed tear gas and rubber bullets to disperse the protesters. As a result, five people, including a journalist, were detained on charges of resisting authority and roadblocking (see freedom of expression). Also, one woman sustained injuries and four police officers were injured.
• The second-largest protest since the new president took office occurred on 27th December in Buenos Aires, where at least 8,000 people protested in response to the DNU. Marching at the call of unions, such as the CGT, the protesters demanded that the courts intervene to invalidate the DNU, as it would remove labour rights. After some protesters blocked Corrientes Avenue, one of the principal streets, the Buenos Aires police detained at least seven people (five men and two women), allegedly on charges of resisting authority and attacking security forces. Additionally, according to the Associated Press (AP), a confrontation occurred between a small group of protesters and the police. “We do not question the president’s legitimacy, but we want a president who respects the division of powers, who understands that workers have the need to defend themselves individually and within the framework of justice when there is unconstitutionality,” said the general secretary of Argentina’s construction workers’ union, Gerardo Martínez.

• On 5th and 23rd January 2024, hundreds of people gathered outside the residence of Argentina’s president to demand action on food shortages in Buenos Aires soup kitchens and the government’s lack of response to social programmes in the city’s poorest communities. Food prices have shot up by nearly 50 per cent since President Javier Milei began drastic liberalising economic reforms. “There is a single demand, which is the lack of food and the anguish because many families rely on these community care spaces to find food. Without coordination with the national government, it is impossible; we do not have sufficient tools or structure,” said Norma Morales, one of the protesters.

• On 24th January 2024, unions began a 12-hour nationwide strike affecting the capital's transport, banks, hospitals and public services to protest new austerity measures, especially Milei’s two significant reforms: the Omnibus draft law and the DNU. This was the first national strike in just 45 days of government and was organised by the CGT. Tens of thousands marched in Buenos Aires to support the strike. “We’re fighting against the way in which the far right is basically trying to eliminate our rights of existence on all levels, from healthcare to work,” said Federica Baeza, an LGBTIQ+ activist and art curator who participated in the march.

Expression

National Cordoba Radio vandalised

On 8th November 2023, an unknown individual broke a glass window on the facade of the National Cordoba Radio building. Authorities arrested the perpetrator the same day. According to the radio’s director, the incident was an act of vandalism rather than theft, possibly emboldened by recent election campaigns, reflecting society's escalating violence.

Death threats against a journalist

In December 2023, unknown individuals sent death threat messages to Eduardo Feinmann, a journalist from Radio Mitre and LN+. The initial threat occurred on 21st December with the perpetrator sending a message stating, “If you continue to speak, you will not survive another day because I will kill you and your family.” This was followed by another threatening message received on 23rd December via the social media platform X, which warned, “If you continue to advocate for Javier Milei, I will kill you and your family, and Javier Milei will suffer the same fate.” The threats were issued by a user identified as “Chelo Discapacidad,” whose account has since been blocked for violating platform rules.

The Argentine Journalism Forum (Foro de Periodismo Argentino, FOPEA) expressed concern regarding these threats. FOPEA stands in solidarity with the journalist and his family and demands a prompt and effective clarification of the events.

Journalist detained while covering a protest

On 21st December 2023, the police detained journalist Rodrigo Savoretti while he was covering a protest in Cordoba city (see peaceful assembly). He was released on the following day. Savoretti, a grassroots journalist, works for the youth-led collective Enfant Terrible.

Political leaders and public officials lead in attacks on press freedom

According to the Foro Periodismo Argentino (FOPEA), an Argentine press freedom organisation, at least 117 incidents against press freedom were reported in 2023. This is the highest number in the past five years, marking a significant increase of 29 cases compared to 2022. Most incidents involved assaults and threats while reporting, followed by public vilification and restrictions on access to public information. For instance, on 10th December 2023, FOPEA reported journalists were barred from covering the official act of appointment of ministers.

The increase is closely linked to the election period. State violence accounted for 45,3 per cent of the incidents, with public officials across different political affiliations perpetrating attacks on journalism.