This week, human rights organizations submitted a letter to the Constituent Convention of Jujuy expressing our concern about the proposed human rights setbacks in the province’s constitutional reform.
Finally, the constitutional reform was approved last night. The final text has not been published yet. The process has been conducted with unreasonably tight deadlines, lacking the necessary participation and debate, and raising concerns about its legality and legitimacy. This reform will have a detrimental impact on the right to protest, among others.
The reform also eliminates constitutional recognition of the rights of indigenous peoples, rights that have been recognized by the National Constitution since 1994. Despite a formal request from seven indigenous groups for a hearing with the Constituent Convention and the application of principles of prior, free and informed consultation, their pleas were not granted. The reform also affects labor unions and organizations with grievances regarding the deterioration of their living conditions and violation of labor rights. Their demands have echoed for days in the streets of the province.
The repression and criminalization of protest in Jujuy is nothing new. A significant precedent was the arrest of social activist Milagro Sala in January 2016, a move aimed at weakening her organization, the Tupac Amaru, and undermining social mobilization in general. To achieve this, the provincial government reformed the Criminal Code and reconfigured the local judiciary. In recent years, the persecution has extended to leaders of other organizations, unions and indigenous peoples. Protests advocating for access to housing have been suppressed and illegal intelligence practices have been exercised. Since last year, the police have been filing reports, detaining and searching people who participate in demonstrations. Now, with the reform, the government of Jujuy seeks to enshrine some of these policies that limit the right to protest within the provincial constitution.
In an election year, the need to limit the right to protest has become a campaign issue for political figures and sectors who advocate for an anti-democratic order aimed at eliminating or minimizing social conflicts, without resolving the underlying claims. This was evident in Salta, for instance, where shortly after being reelected in mid-May, the governor swiftly passed a law in the provincial Legislature to limit protests. It is precisely in northern provinces such as Salta and Jujuy, where an upsurge in conflicts associated with the expansion of extractive activities, particularly lithium, is expected. We are evaluating carrying out different litigation actions at the provincial, national and international level to challenge the constitutional reform in Jujuy.
In a context where defending human rights and nature is seen as a threat by certain governments and corporations, and where activists face life-threatening risks year after year in Latin America, it is vitally important that we ensure the rights of individuals, communities and organizations that defend the environment, or demand decent work and improved working conditions and public services to live in a more just and egalitarian society.