RELIGIOUS INTOLERANCE IN ARGENTINA
Report presented to
the UN Special Rapporteur on Freedom of Religion or Belief
on the occasion of his visit to Argentina,

April 2001

PREFACE

As leaders of the Humanist Ethical Association of Argentina we have sought to highlight – through this brief report you can read here- the subversion of democratic principles relating to the Freedom of Religion or Belief in Argentina mainly through the invasion of Church in the public space and through the collusion and callousness of public officials. In the situation, Humanists and other minorities who are in disagreement with the belief system of the Catholic Church are discriminated against and feel alienated from their just freedoms and rights in a modern society.

Argentinian society is pluralistic and its religious and belief-system diversity should be reflected in the public policies of the state as well as its legal structures. Ethics, education, health and culture must not be subjected to indoctrination from the Catholic Church or its 'moral' guidance. The secular tradition in Argentina is a well-founded one and needs to be recognized as such. Humanists claim equality and parity of treatment with other communities, and seek to establish the fact that religion has no exclusive claim to ethics, spirituality or charity. Humanists reject untested beliefs and do not want to be forced to participate in religious activities: the State must make this possible.

Susana E. Tampieri,  
Emilio J. Corbière,  
Hugo Daniel Estrella,
President Vice – President Executive Director

Association Humanista-Etica Argentina ‘Deodoro Roca’,
Colon 5300 apt, 147 - Cordoba, Argentina
Tel: 00 54 35 1484 4320, humanistarg@usa.net

INTRODUCTION REPORT

Author report: Hugo Daniel Estrella

Our findings show that cases of religious intolerance and discrimination in Argentina are due mainly to the relations established between the Roman Catholic Church and the Government at different levels. Such relations vary at the different levels of Government – federal, provincial, local - public offices and institutions.

Due to the way public officials relate to the Roman Catholic Church, those cases are more or less likely to happen or continue to happen. In this respect we can point out to the growing influence of conservative Roman Catholic sections and views in Argentine policies. They are also the prevailing groups in the Catholic hierarchy. Argentine foreign policies and statements have been in close alignment with Vatican-promoted policies during the 10 years in office of Carlos Menem (1989/99) in issues such as population, abortion, Human Rights, Women’s Rights, etc. Those policies have continued and have been deepened under Dr. De la Rua’ s presidency, with not a single referendum, or public debate on them. Therefore, Argentina´s governments are implementing international policies - not democratically discussed at home – but imposed as a result of the conservative Catholic lobby, in disregard to traditional secular trends and ideological or the religious diversity in Argentina, forcing those who are not catholic or liberal catholic, to live according to Vatican mandates.

Those impositions of particular religious views are more likely to happen in the Central and Northern regions of the country, as the author will show in this report.

A particular circumstance that concerns Humanists in Argentina is the second trend we observe in the Church-State relation: in places where there is a slight advancement of liberal views, secularization is violated by a so called ‘Ecumenical’ approach. In these cases some religious groups or leaders, constitute themselves into theistic lobbies under the label of ‘Ecumenical’. They promote the institution of prayers at public schools, get government funding for their private schools and activities, and participate in official ceremonies. Such groups which are from a narrow base (Catholic, and some denominations of the Evangelical Churches and a Jewish religious sector) claim to represent the whole society, and promote a religious approach to civic life. A case to be signaled is the ‘Comisión Intercultos por la Paz’, in Córdoba city. This committee, composed of a representative of the Catholic Archbishop, a Muslim Imam and a Conservative Rabbi, promoted a series of government sponsored activities, involving massive mobilization of public schools pupils who had to attend compulsory ‘ecumenical’ prayers at stadiums. Moreover, they set-up a touring organization to visit -as ‘pilgrims’- London, Rome and Jerusalem in commemoration of the year 2000 (a year that has no religious significance to Jews and Muslims). Such trips received at least U$S 1,000,000.- of federal funding and countless funds from other Argentina’s federal states, plus a state-supported propaganda to sell the touring package. This group has to be clearly differentiated from other ecumenical groups that promote Human Rights and Tolerance, such as the Movimiento Ecuménico por los Derechos Humanos, that works in public hospitals of Buenos Aires helping AIDS victims, or the Fundación Ecuménica in Mendoza City, that promotes debates on issues such as Women’s rights or Police violence.

In this context the author would like to highlight certain aspects deserving of serious attention in the sectors of Legal, Educational, Institutional (incl. Public Services) and Cultural.

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LEGAL ASPECTS

The issue of religious freedom in Argentina goes back to the founding times of the country. Then liberalism and democracy were condemned by the Catholic Church, therefore during the liberal government of Bernardino Rivadavia (1820) all church property was confiscated. After a period of civil wars, with the institutionalization of the country, religious freedom was fully established and the Catholic Church was recognized under certain conditions: it was not the religion of the State, but the State had to support it (in return for having taken its property); Bishops could only be appointed after the approval of the President, who therefore had to be a Roman Catholic holding the right of patronage over the church. Patronage was abrogated in the early 1960’s according to what Catholics describe as ‘an effort to equalize all religions’, but the requirement of the President to be Catholic was kept until 1994, and still it is the State’s obligation to support the Catholic Church (e.g.: paying salaries of priests, paying for the erection of churches, etc. One of the last decrees of the past dictatorship establishes payment of salary to every seminar student, as per a list submitted by every catholic Bishop). ‘Equality’ for religions and belief systems is also violated in the National Budget for Religins, that allots to the Catholic faith approximately U$S 9,500,000 from a total of U$S 10,000,000.- Humanists have no status.

Since the recovery of Democracy, many international treaties protecting and promoting Human Rights and tolerance have been ratified. In the last Constitutional Reform (1994), ratified international treaties were given precedence over national laws. There is also now a so-called ‘anti discriminatory law’, not yet fully understood by Judges, and seldom applied. There were other projects, more comprehensive than the one finally passed. Ours and other groups are still lobbying to have a better law in the future. However, there has been a contradictory development in the legal protection of minorities, especially the non-religious in Argentina.

INADI
A Federal Anti Discrimination Institute was created after the bombing of the Jewish Community Center in 1994. It is supposedly composed of representatives of from government and NGOs dealing with prevention of discrimination. So far, the only representative NGOs on the board are a Jewish (DAIA, even if there are other groups) and the Arab community.

It must be stated that there has never been any anti-Arab movement in this country. So the Board reflects the Middle East conflict and the international political needs of the administration, whilst people who are discriminated against regularly (other South American communities; atheists; Humanists; GLBT people; handicapped; Gypsies, etc.) are not represented at all!

Also, there is a remarkable lack of enforcement of those Argentine laws and International treaties. The situation gets worse as one moves away from the City of Buenos Aires, the most liberal center of the whole country. The Anti Discrimination Institute itself has no legal capacity to prosecute, except against war criminals from WWII.

Federal and Provincial Tribunals
The federal organization of Argentine tribunals makes it very difficult to have liberal and tolerant principles enforced all over the country. In almost every tribunal there is a Catholic cross, and every legal document ends: ‘DIOS GUARDE A UD.’ (May God keep you). If not observed, those documents are often rejected by Judges and their secretaries. The most conservative branch of State governments seems to be the Judiciary, and that becomes evident when it comes to the result of disputes dealing with the rights of Humanists, non-believers, homosexuals, other minorities and women (cases 1, 2, 3). There has even been the case of pseudo sciences being taught as a part of the requested competencies of those who work in legal conflict resolution. Such courses were organized by the Supreme Court of some States (4).

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EDUCATIONAL

In 1884 Argentina passed the most modern and secular education law in South America. It was the famous Law 1420, inspired by Domingo Sarmiento. It promoted the integration of millions of immigrants and their children into a new nation. Since 1943, during a fascist regime, religion was sometimes imposed in public education. During the last dictatorship (1976/83), religion was considered a sort of ‘vaccine’ against socialism, thus imposed again as a subject in several states. In those times the National School system was passed on to State administrations, and Federal Laws established the general framework of subjects and goals, that were implemented at State and local levels. The Federal law, as a result of the participation of several scholars and pedagogues, issued a project with the basic contents to be taught. The whole committee resigned when the National Government of Dr. Menem erased Evolution from Natural Sciences, and included religious paradigms in Ethics courses.

Even though the situation of religious subjects as a part of the curricula changed in almost the whole country after the recovery of democracy, the continued pressure exercised by Catholic Church moved back the situation in provinces like Catamarca, Córdoba, Tucumán, Salta, Jujuy, Santiago del Estero, La Rioja, Formosa, San Luis, where prayers are officially promoted or tolerated. It entitles a violation of federal law, but there has only been one official declaration condemning this practice, from the INADI (National Anti Discrimination Institute) on the province of Catamarca. Moreover, public schools are used as centers of religious indoctrination for children, as these schools offer facilities for First Communion courses. In almost every classroom Catholic Crosses, and images of the Virgin Mary or some saints are placed. Religious celebrations take place at public schools, and moral pressure is exercised on teachers, pupils or parents who dissent. The Humanist oirganization has received complaints in this respect (5). The province of Cordoba’s official student reports carry the item: ‘Religious and Moral Training’.

Funding and Employment procedure
This is a main issue in the case of religious inequalities. Since 1960’s Argentina equalized public and private educational institutions under the label of ‘Educational System’. In this respect private schools are allowed to receive state funding. Most private (primary and secondary) schools belong to the Catholic Church, and so do several Pedagogic Institutes (forming teachers and high school professors). They receive public funding, generally of around 100% of the salaries of teachers and professors. They present the clearest case of discrimination based on religion or belief: teachers whose salaries are paid with public funds, accomplishing public laws that set the rules of those schools, are not chosen according to merit or academic background, as teachers of public schools do. They are selected according to the will of the Principals, appointed by Bishops. No teacher, no matter how clever and how prepared he or she is, can work at religious – state funded - schools, unless being a catechist recognized by the Church. This is applied to every subject like Mathematics and Spanish, not just religion! And the labor rights of employees in the field of education are less respected in Private schools, where the prevailing concept is: ‘free enterprise’. We ask: is there a ‘free enterprise’ fully subsidized and whose production is ‘bought’ by the Government?

Other serious cases of violation of Human rights in catholic schools have happened when single teachers or students get pregnant and are fired. Such cases were also a matter of concern for our organization in 1999 and 2000, when the Ombudsman intervention was requested.

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INSTITUTIONAL

There has been a growing invasion of religious ceremonies and presence in the public space, and specially at some institutions: this in addition to the invasion of public institutions by established religion.

The most relevant case, also linked to discrimination against Humanists, GLBT, and non believers, is the one of Armed Forces, Security Forces and Police. In all of these Forces there are Catholic chaplains with salaries paid by the government according to the highest ranks of each force. They played a crucial role during the past dictatorship, by convincing militaries of their duties in the ‘Holy war against Communism’. This has been repeatedly proved in the trials to the military Juntas and lately in the statements of the criminal Adolfo Scilingo (imprisoned in Spain) who told about the moral encouragement given to them in the ‘Dead Flights’, when Air Force officers dropped hundreds of political prisoners in the ocean. (more details in our organization’s magazine ‘El Desorden’ (number 1-1999)

These people are still working at the different forces, and are using the public space to place images of Catholic rite, like Virgins and Christs, performing masses, etc.. The underlined characteristic they want from any member of the armed and security forces is their allegiance to Catholic Church. Whoever does not share that belief is immediately suspicious of being “less argentine” and their career is always finished before reaching the top. Special cases of hatred are atheists and Jews, who are blamed for everything that is wrong. There have been cases of promotion of anti-democratic behavior if not rebellion to legal governments, fueled by the speeches of chaplains like Father Padilla, Bishop Ognenovich, Father Triviño, etc..

Our organization complained publicly last month about the appointment of the Police Chaplain in the province of Cordoba, a position that had not been occupied for many years. More serious was the case that the Archbishop had called the Minister to tell him that his decision was to appoint Father Aguilera. Our question was: who makes decisions in a Democracy? Who decides on public expenditure? Then we held a meeting with the General Secretary of the Government –Dr. Olga Riutort-, who gave us explanations, and offered to promote a more equal situation in this respect.

Another case is the invasion of other public sites with hundreds of catholic images. Argentina holds a probable higher population of Virgins in the Streets and highways, than Vatican City itself. There are actually thousands, and with all disregard to others’ beliefs or taste, they keep placing them in streets, corners, etc.. All of them have electric lights and little altars paid with public money. It must be very difficult to preach in a corner of high traffic, or in the middle of a major crossroads.

A few years ago, all highways were privatized. The obligation of the enterprises was to have them clean, safe and painted. But they also placed every some number of kilometers, banners with the image of the Virgin of Lujan. Those banners have been paid with public money, instead of other banners that could recommend the use of safety belts, etc. Car accidents are the primary cause of dead in this country.

Virgin Maria Desatanudos
One of the latest objects of catholic cult is the one of Maria Desatanudos (something like Mary the knot-easer). This image has been adopted by the First lady of Argentina, and her pious husband. Therefore, they have decided – after consultation with the Governmental House Chaplain - to place it, in turns, at the dispatch of every single Minister. In the 15 months of this administration, Argentina has faced an economic crisis that raised its risk level twenty times. An image of Maria Desatanudos has been placed at the President’s Mansion. A few months ago the cleaning people moved it and left it in a different position. They were sanctioned by the First Lady.

A very popular image of the Virgin –Vírgen de Itati- is located in the province of Corrientes, the poorest state of the country. Last year the President and his wife traveled from Buenos Aires in the Presidential Aircraft, to present the Holy Water from the Cathedral of Buenos Aires. At public expense of course! People of Corrientes have the highest level of illiteracy of Argentina, there is lack of doctors & nurses, houses, food and schools. Most politicians and officers seem unable to tell the difference between their personal belief and public duties.

Charity
This is a very special problem, of our highest concern. Since the conservative government of President Menem, Argentina, a traditionally middle class country, raised its percentage of population under the level of poverty to 36. State Universities, and the national scientific system guarantee the formation of professionals prepared to deal with poverty issues, and there is a whole governmental structure prepared to address the problem. Nevertheless, the trend in the last eleven years has been to abandon state responsibilities in the issue, and pass it on to Church’s organizations, mainly Caritas Arquidiocesana. But funding is still being fully provided by the Government. People in need have no other chance than going to ask for help from Churches, where Caritas’ activities are carried on. They hold dining rooms, shelters, distribute bags of food, clothes and shoes. All of that is provided by the government, and Caritas’ officers are also paid by public money. People have to explain their situation not to public servants, but to employees of the catholic organization, or to the priest himself, and have to be members of the catholic community, performing rites, like praying before having lunch at the dining rooms, etc.

A very significant situation was the one that prevailed two years ago, when Caritas obliged the National Government to take an external credit addressed to finance their house-building program in the Eastern region (Litoral). This is an extremely sensitive issue, because it turns poor people into captives of consciousness, having to beg from a particular cult or faith. Moreover, in those cases they are subject to religious propaganda in issues such as avoiding family planning, rejecting abortion, etc.

Public health services
In this respect, the tradition of building chapels or paying salaries to catholic nuns at hospitals continues. But this tradition and concern for hospitals rarely translates to fulfilling the basic needs of the sick (who are waiting for treatment) like providing cotton or antibiotics at the hospitals. AIDS prevention campaigns are being blocked by the Church, with the agreement of several governments. We can just mention the case of the Minister Enrique Borrini, in Córdoba, who had to resign for distributing condoms in the streets, after the Archbishop’s complaint to the Governor. Not a single federal state, of the above mentioned, has passed a law for teaching sexual education and prophylaxis; not a National school from Buenos Aires to the North, has a regular class on the subject. There are just a few provinces and local administrations that have passed laws promoting information on and distribution of contraceptives and condoms. Laws promoting equality for women in their sexual life are systematically barred in several states. Only last year the city of Buenos Aires could pass its law on the matter, and in other states it is illegal to prescribe contraceptives in public hospitals, like in Cordoba. Not to speak about abortion, it is a crime to have a trumps surgery or a vasectomy in the whole country. Campaigns against abortion are publicly supported. Statistics about child abuse, prostitution of children, domestic violence and sexually transmitted diseases have skyrocketed.

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CASES

1. Alfredo Adolfo CARDULLO: 30 years-old, gay, was kidnapped and murdered by three people, one of them a member of the State Police of Mendoza, Argentina. They were found in Cardullo’s car while he was missing, and released by the Judge arguing there were no evidence of an illegal action. Cardullo’s body, later found, showed evidence of having been murdered by a police gun, belonging to the above mentioned policeman. While in trial, the policeman was released, advantaging him. The State of Mendoza was condemned to pay for the acts of its policeman, but was fined less than the compensation for a work place accident The criminal is serving again at the police force.

2. Alexis Leandro ESTRELLA SEJANOVICH: was forced to participate in prayers at the State’s kindergarten in 1996. The state Judge declared that the prayers were not addressed to ‘any particular God’, and added that ‘every single Reason and Justice is derived from God’. Even though the child’s parents refused prayers, teachers and the Principal were not charged with abuse of authority, neither was the Minister of Education of the State of Cordoba, or any other government officer. The state Senate addressed two enquiries to the Executive, and a hidden program to promote religion in schools was exposed by the Humanist group and the media: consequently, the program was abandoned by the government. The case for discrimination was sent to the federal Judge, who never called the family or issued any sign of addressing the case.

3. An-encephalic pregnancy cases: there have been some cases of women asking for their right to terminate pregnancy with clear information that their children were an-encephalic. The cases were so delayed that the final authorization was decided almost at the time of birth. This cases are presented by our related organization and her President Dr. Perla Prigoshin.

4. Superior Tribunal de Justicia de la Provincia de Córdoba: Sala de Mediación presided by the Minister Maria Esther Cafure de Battistelli, Course on Neuro Linguistics Programming and its use for Settling Disputes (year 2000). The course was addressed by a journalist (“NLP Trainer”) Mr. Israel Cinman, and considered as a relevant background for the judiciary career.

5. Mrs. Lidia López, is a teacher at the public school of the small town of Luyaba, in the Province of Córdoba. Her daughter was forced to pray, and she was threatened of loosing her job for criticizing the exercise of religious activities at school.