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Debts of Democracy: Framing Issues and Reimagining Democracy in Twenty-First Century Argentine Social Movements

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Debts of Democracy: Framing issues and Reimagining democracy in Twenty-first Century Argentine Social Movements Kelsey M. Jost-Creegan* In the last fifteen years, Argentina has seen the development of a wide range of human rights legislation. Social movements, which have a long history in the coun- try, have been central to these legal advances. The country's history of political and economic instability has deeply impacted social movements, leading to both their re- pression at certain historical moments and, apparently paradoxically, also to their strengthening and increased centrality in the political scene. Movements have re- sponded to this instability by being highly innovative. The innovation of Argentine social movements in developing new repertoires-the weekly march of the famous Madres and Abuelas de Plaza de Mayo, the escrache, piqueteros, the 'empresas recuperadas'-has been well explored in the literature. One innovation in modern Argentine social movements that has been less well explored is the framing of human rights issues as "debts of democracy." This paper will explore that frame, which simultaneously looks forward-by envisioning an idealized version of inclusive de- mocracy and substantive citizenship-and backward-by constructing that ideal in contrast to both the authoritarianrule of the Dirty War and the neoliberalgovern- ment of the 1990s. This frame has become a "master frame" in Argentine social movements, as it has been implemented in reference to a diverse range of human rights issues. This paper will focus in particularon how this frame was implemented in three particularsocial movements in Argentina during the Kirchneristagovernments: (1) the migrants' rights movement; (2) the LGBT movement; and (3) the women's rights movement. * J.D., Harvard Law School, 2017; B.A., Global Studies and Romance Languages, University of North Carolina at Chapel Hill, 2013. The author interned at several organizations in Argentina: the Fundaci6n Comisi6n Argentina de Migraciones, the Asociaci6n Argentina de Mujeres de Carreras Jurfdicas, and the Instituto Argentino de Igualdad, Diversidad, e Integraci6n The views expressed in this Note are solely those of the author. Many thanks to Susan Farbstein for her support and guidance in writing this Article. The author presented a shorter article in Spanish on this topic at the IX Seminario Internacional Polfticas de la Memoria hosted by the Centro Cultural de la Memoria Haroldo Conti in Buenos Aires in November 2016. Thanks to conference organizers and fellow participants for their thoughtful feedback. All content cited from interviews is available in the author's undergraduate thesis: Kelsey Jost-Creegan, Constructing Migrants' Rights: Shifting Paradigm and Human Rights Innovation in Argentine Migration and Refigee Legislation (May 2013) (unpublished B.A. thesis, University of North Carolina at Chapel Hill) (on file at the Wilson Library). 166 Harvard Human Rights Journal/ Vol. 30 I. INTRODUCTION Argentina is a country known both for the horrific human rights viola- tions of the 1976-1983 Dirty War,1 and for the strong and innovative human rights movement that grew out of that history of atrocity.2 The country is characterized both by a long history of instability and authorita- rian rule, and a rich tradition of social mobilization. 3 This tradition of collective action arose out of the workers' rights movements, 4 but over time, social movements have greatly diversified. This history of collective action, however, is coupled with a tragic history of State violence and re- pression, in both dictatorship and democracy.5 Over the course of the twentieth century, each of the military dictatorships repressed social move- ments-particularly leftist groups and unions-often through violence; no- torious events of repression against activists preceding the 1976-1983 dictatorship include the 1919 "Tragic Week" in Buenos Aires, the massacre of rural workers in Paragonia in 1921 and 1922, and the 1966 "Night of Long Batons. ''6 Nevertheless, this repression has not eliminated popular re- sistance, but rather, in many cases, driven its expansion. Modern Argentine social movements are extremely creative: from the Abuelas and Madres de Plaza de Mayo marching in the central plaza of Bue- nos Aires with white kerchiefs on their heads,7 to 'recovered' factories and 1. For more information on the human rights violations committed during this period, the re- sponses of social movements to those violations, and transitional justice processes, see infra notes 38-65, 364-374 and accompanying text. See also, KATHRYN SIKKINK, TiIF Jus rIc CASCADE 60-86 (2011). 2. Kathryn Sikkink captures this duality in her article, 'From Pariah State to Global Protagonist: Argentina and the Struggle for International Human Rights.' Kathryn Sikkink, From Pariah State to Global Protagonist: Argentina and the Strugglefor InternationalHuman Rights, 50 LATIN AM. POL. & SOC'Y 1 (2008). She also expands on this point in her more recently published book, THi JusiCE CASCADE (2011). Edward Cleary also examines how atrocious human rights violations in Latin America led to the proliferation of human rights movements in the region. EDWARD CLEARY, THE STRUGGLE EOR HUMAN RIGHTS IN LATIN AMERICA 64-65 (1997). 3. JORDi DiEZ, THE POLITICS OF GAY MARRIAGE IN LATIN AMERICA: ARGENTINA, CHILE, AND MExico 49 (2015) ("Intense political contestation and mass mobilization have been a defining feature of Argentina's political tradition.") 4. Gabriela FernAndez, Historia Social y Polftica de la Argentina contempordnea, in MovimiENITOS SOCIALES Y DERECIIOS HUMANOS EN LA ARGENTINA 17, 23 (Brenda Pereyra & Pablo Vommaro eds., 2010). 5. Fernandez, supra note 4, at 23, 25-26, 37. See also, Enrique Oteiza & Susana Novick, Politica Migratoria y Derechos Humanos en un Contexto de Alustes y Reformas Neoliberales. Argentina: 1989-1999 (Gobierno de Menem) 5, https://perma.cc/2RZJ-WCH2. 6. Id. 7. The Madres represent the mothers of the disappeared, while the Abuelas represent the "mothers of disappeared people who were either kidnapped with their children or who gave birth in captivity." Both groups mobilized in 1977. Sikkink, supra note 1, at 64. Their most iconic repertoire is a march around the central obelisk in the Plaza de Mayo (in front of the Casa Rosada), every Thursday from 4 3:30p.m. to :30p.m. What makes the repertoire distinct is that they wear white handkerchiefs-repre- senting both the diapers of their lost children and grandchildren and banners of peace-and carry pic- tures of their missing loved ones. See L.s'iER R. KURTz, INT'L CT'R ON NONVIOLENT CONFLIICT, Ti[E MOTHiERS OF THE DISAPPEARED: CHALLENGING TlE JUNTA IN ARGENTINA (1977-1983) (2010); Marysa Navarro, The Personal is Political: The Madres de Plaza de Mayo, in POWER AND POPULAR PRO- T1ESTS:LATIN AMERICAN SOCIAL MOVEMENTS 241 (Susan Eckstein, ed., 2001); Rachel Koepsel, Mothers 2017 / Debts of Democracy 167 businesses,8 to the piquete protests, 9 to escrache protests, t0 activists have adopted, adapted, and innovated repertoires,"5 many of which were later exported. 12 Many articles have examined these new repertoires that have emerged during the 40 years following the military coup. 3 This article will of the Plaza de Mayo: First Responders for Human Rights (Case Briefing Paper, UNIVERSITY OF DENVER, 2011), https://perma.cc/2W6D-5LUH. 8. The term "recovered factories and businesses" (fdbricas recuperadas or empresas recuperadas) refers to a repertoire of action that arose after the 2001 economic crisis, whereby groups of workers occupied businesses that were at the point of shutting down or had just shut down, to collectively restart produc- tion. The 'recovery' typically involved direct physical action-a takeover and occupation of the physical space-followed by the workers taking over all operations, including administrative and leadership roles. Patricia Davolos & Laura Perelman, Respuestas al neoliberalismo en Argentina, 24 POLlT. CuLt. 208, 208-11 (2005); Daniel Ozarow & Richard Croucher, Workers' Self-management, Recovered Companies and the Sociology of Work, 48 Soc. 8 (2014). 9. Piquete is a hispanifization of the English word 'picket.' The piquete repertoire, largely used by unemployed workers during the 2001 economic crisis, is a collective action of blocking roads, thereby causing disruption by limiting circulation. See Maristella Svampa, Movimientos Sociales y Nuevas Prdcticas Politicas en Argentina, 20 N6MADAS 112; see also Matfas Artese, Violencia politcia y proetesta social en la Argentina de fin de siglo. Un studio aplicado a los cortes de ruta, XIX ESTUDOS SOBRE ESTADO Y SOCIoEDAD 171 (2011). 10. The escrache is a repertoire of action that has its origins in the fight against impunity for dicta- torship-era crimes, although its use has diversified greatly since its creation. The organization that popularized the repertoire was H.I.J.O.S., a collective of the children of those murdered, disappeared, and exiled during the dictatorship. The idea of the repertoire was to denounce members of the dictator- ship for their crimes publically, in front of their homes. See generally Sebastian Cominiello, Otra vez: "qu es un escratche?", RA76N Y RrvOLuCION, 149 (2004), https://perma.cc/KY25-EQE5; Santiago Cueto Rfsa, Demandas de justicia y escrache en HIJOS La Plata, 36 MIMORIA ACADEMICA 165 (2010); Paula M6naco Felipe, Hijos por la identidad y la justicia contra el olvido y el silencio (H.I.J.O.S.), in JUSTICIA PENAL INTlERNACIONAL (Santiago Corcuera Cabezut & Jos6
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