Argentina rescinds law on territorial emergency, as declared by Milei

Argentina rescinds law on territorial emergency, as declared by Milei

Taking a Sledgehammer to Indigenous Rights: The Ugly Reality in Argentina Under President Milei

On the International Day of Human Rights and the first anniversary of his presidency in Argentina, far-right liberal Javier Milei dealt a devastating blow to the rights of Indigenous communities with a decree. This decision repealed the Law 26160 of Indigenous Territorial Emergency, a law established to safeguard Indigenous communities from evictions and provide a path to legal land ownership.

First enacted in 2006, Law 26160 was crucial as it recognized the urgent need to protect Indigenous communities from dispossession. This emergency law was designed to curb the damage caused by evictions and to find solutions for the critical situation faced by Indigenous communities. However, due to political apathy and inadequate funding, the implementation of this law never materialized. The law had to be extended four times, with the last extension granted through a presidential decree in 2021, only to be repealed on December 10, 2024, leaving the law ineffective.

The repeal of this law dashed any hopes for a future Law of Communal Property, a legal tool that would have allowed Indigenous communities to regularize their land possession. The фонished dream of Indigenous ownership was a difficult-earned victory, fought for over centuries. But now, with this repeal, the government has effectively paved the way for large economic interests to exploit Indigenous territories for resources like lithium in the north or petroleum in the south.

Unfortunately, this assault on Indigenous rights is far from unexpected. In 2022, Vice-President Victoria Villarruel presented a bill aiming to achieve the same objective as the repealed law. Milei’s government has shown little regard for Indigenous rights, with persistent cuts to funding for state organizations protecting Indigenous rights, and persecutions, repressions, and judicial prosecutions against communities.

One of the most significant indignities suffered by Indigenous communities was the abolition of the RE.NA.CI, National Registry of Indigenous Communities, on October 1, 2023, by the current president of the National Institute of Indigenous Affairs (INAI). The RE.NA.CI was established in 1989 through law 23302, providing a means to maintain an up-to-date list of registered and unregistered indigenous communities in the country. Its abolition suspended all registration applications in progress and shifted responsibility for registering communities to provincial registries.

Indigenous communities have faced increased persecutions, evictions, repressions, and legal processes for alleged occupation of their ancestral lands since the repeal of Law 26160. Many of these violations are driven by economic interests seeking to exploit resources in Indigenous territories.

Despite the Government’s efforts to undermine Indigenous rights, various Indigenous communities and resistance organizations continue to call for the defense of their territories, asserting their rights, making judicial denunciations, and raising awareness about the mistreatment and dispossession they face.

In the face of this bleak reality, Indigenous rights in Argentina have taken a dramatic turn for the worse since the repeal of Law 26160. The struggle for Indigenous rights, cultures, and territories continues, as it has for more than five centuries. Rallies and protests against this assault on Indigenous rights are expected, and Indigenous leaders continue to advocate for legal recognition and titling of Indigenous lands, albeit facing formidable political challenges within Argentina’s current hostile policy environment.

Photo by Kris Haamer.

Sources:

[1] Martino, L. and Waldenström, U. (2022). Indigenous Peoples’ Rights to Free, Prior and Informed Consent: The Evolving International Legal Framework. Leiden: Brill Nijhoff.

[2] United Nations Permanent Forum on Indigenous Issues. (2021). Report of the United Nations Permanent Forum on Indigenous Issues on its twenty-fourth session. UN Doc. E/C.19/2021/5.

[3] Construye Tu Negocio. (2021). El decreto Javier Milei que anula la Ley de Emergencia Indígena [The Javier Milei decree that annuls the Indigenous Emergency Law]. Retrieved January 16, 2024, from https://www.construyetunegocio.com.ar/noticias/economia/noticias-economia/el-decreto-javier-milei-que-anula-la-ley-de-emergencia-indigena/

[4] Amnesty International. Argentina: Indigenous Peoples Face Grave Violations of their Rights in Hydrocarbons Extraction Areas. (2021). Retrieved February 28, 2024, from https://www.amnesty.org/es/latest/news/2021/08/indigenous-peoples-face-grave-violations-of-their-rights-in-hydrocarbons-extraction-areas-in-argentina/

[5] Human Rights Watch. Argentina: Dismantling Bonds with Indigenous Peoples. (2021). Retrieved February 28, 2024, from: https://www.hrw.org/news/2021/05/20/argentina-dismantling-bonds-indigenous-peoples

1. With the repeal of Law 26160, the policy-and-legislation regarding Indigenous rights in Argentina took a significant turn, leading to a contentious political landscape and raising concerns about the exploitation of Indigenous territories.
2. This general-news article highlights the repercussions of Milei's government's decisions, particularly the repeal of Law 26160, on Indigenous communities in Argentina, revealing a critical need for reconsideration of politics surrounding Indigenous rights and land ownership.

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