Government Crackdown in Jujuy: Repression and Criminalization Mar Protests

New Amnesty International Report Exposes Repression and Human Rights Violations in Jujuy Province

Summary

A recent report by Amnesty International has shed light on the arbitrary detentions, illegal use of force, and other oppressive practices used by the Jujuy provincial police in response to protests over constitutional reforms in the province. The report demonstrates the provincial authorities’ disregard for the right to peaceful protest and their creation of a hostile environment that inhibits the people of Jujuy from exercising their fundamental rights. The findings highlight the excessive and unnecessary use of force, including the firing of rubber bullets at demonstrators’ heads, resulting in serious physical injuries. The report further reveals a pattern of arbitrary arrests and persecution of protesters, with individuals being detained without justification and subjected to mistreatment. Additionally, the report uncovers the misuse of the provincial Contravention Code as a tool to intimidate and punish peaceful demonstrators, thereby violating their rights to freedom of assembly and expression.

Background

The protests in Jujuy were sparked by the approval of a partial reform of the provincial Constitution by the Constituent Convention without the free, prior, and informed consent of Indigenous Peoples in the region. The lack of social participation in the reform process and the exclusion of Indigenous communities from decision-making fueled widespread discontent and led to demonstrations throughout the province. In response, the Jujuy provincial police employed repressive tactics to suppress the protests, resulting in numerous human rights abuses and violations.

Illegal Use of Force and Physical Injuries

Amnesty International’s investigation found that the Jujuy provincial police resorted to indiscriminate use of force against protesters, employing tear gas and rubber bullets. Disturbingly, video evidence and testimonies revealed that these rubber bullets were fired directly at demonstrators’ heads, a blatant violation of international human rights standards. The use of rubber bullets in such a manner caused severe physical injuries, with two individuals sustaining permanent eye injuries. International law explicitly prohibits the targeting of the head or upper body with rubber bullets. Moreover, the use of these projectiles should be limited to specific individuals engaged in acts of violence and only when less extreme measures are insufficient. The excessive and unnecessary force employed by the police demonstrates a clear disregard for the lives and well-being of the protesters.

Arbitrary Detentions and Persecution

Amnesty International’s report reveals a troubling pattern of arbitrary arrests during the protests in Jujuy. Many individuals were detained simply for participating in the demonstrations, constituting an arbitrary deprivation of liberty. The report highlights instances where individuals, including minors, were taken into custody without any justification. Additionally, there were reports of mistreatment during these arbitrary detentions, with one woman forced to strip naked in front of male police officers. The provincial authorities also utilized the provincial Contravention Code as a tool to intimidate and unjustly punish protesters. This code, which regulates minor offenses, was applied by the Ministry of Security in a manner that undermined the right to peaceful assembly and subjected protesters to fines and imprisonment without due process.

Lack of Accountability and Denial of Medical Care

The report further exposes the lack of proactivity on the part of the authorities in investigating the abuses committed by the security forces during the protests. Fear of retaliation and prosecution discourages victims from filing complaints, perpetuating a cycle of impunity. Moreover, many victims faced resistance and denial of medical care in public hospitals, despite their rights to timely medical assistance under international law.

Editorial and Implications

Protecting Fundamental Rights

The findings of Amnesty International’s report reflect a disturbing trend of repressive tactics employed by state authorities to suppress protests and infringe upon fundamental rights. The right to peaceful protest, enshrined in international human rights instruments, is a cornerstone of democratic societies and should be respected and protected. The Jujuy provincial authorities must take immediate steps to ensure that individuals can exercise their rights to freedom of assembly and expression without fear of violence, arbitrary detention, or persecution.

Addressing Impunity

The lack of accountability for human rights abuses perpetrated by the security forces during the protests in Jujuy is deeply concerning. It is imperative that the provincial authorities conduct prompt, thorough, independent, and impartial investigations into these violations and hold those responsible accountable. Creating an environment that encourages victims to come forward and ensuring they are protected from reprisals is crucial to breaking the cycle of impunity and upholding the rule of law.

Respecting Indigenous Rights

The exclusion of Indigenous communities from the decision-making process surrounding constitutional reforms is a clear violation of their rights to free, prior, and informed consent. Indigenous Peoples have the right to participate in decisions affecting their rights and must be given a meaningful voice in shaping policies that impact their lives. The Jujuy provincial authorities must engage in meaningful consultation with Indigenous communities and respect their cultural, territorial, and environmental rights.

Advice

A Call for Action

The international community, human rights organizations, and civil society must condemn the repression and human rights violations documented in Jujuy. Diplomatic pressure, public advocacy campaigns, and engagement with the provincial and national authorities can help bring attention to these abuses and foster accountability. Additionally, governments and organizations should provide support and resources to local human rights defenders and civil society organizations working to promote and protect human rights in Jujuy.

Legal and Policy Reforms

The Jujuy provincial authorities should urgently review and reform existing laws and policies that stifle the right to peaceful protest and enable human rights violations. The misuse of the provincial Contravention Code to criminalize peaceful assembly must be addressed and rectified. Furthermore, efforts should be made to ensure that complaints of human rights abuses are promptly and thoroughly investigated, with transparency and accountability at the forefront of any reforms.

Empowering Indigenous Communities

Recognizing the importance of Indigenous Peoples’ rights and their unique perspectives is essential to rectifying the injustices faced by Indigenous communities in Jujuy. The provincial authorities should actively engage in consultations with Indigenous communities, seeking their input and incorporating their perspectives into decision-making processes. Empowering Indigenous Peoples through land rights, resource management, and community-led development can help foster a more inclusive and equitable society in Jujuy.

In conclusion, the findings of Amnesty International’s report on the repression and human rights violations in Jujuy province demand immediate attention and action. Protecting the right to peaceful protest, ensuring accountability for human rights abuses, and respecting the rights of Indigenous Peoples are crucial steps towards building a more just and inclusive society in Jujuy. The provincial authorities must take decisive action to address these issues and demonstrate their commitment to upholding human rights and the rule of law.

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