A decree issued by Argentina’s President Alberto Fernández introducing a series of new temporary restrictions to slow the transmission of the coronavirus (Covid-19) has exacerbated political tensions, sparking a dispute that has made it all the way to the supreme court (CSJN). The political opposition and civil society groups argue that some of the restrictions are excessive, with the closure of public schools in the Buenos Aires metropolitan area (Amba), in particular, deemed to be unnecessary and unconstitutional. The dispute could prove to be highly damaging for the Fernández administration and its ability to lead the fight against Covid-19.
The urgent and necessary presidential decree (DNU) was issued on 15 April. It establishes new national lockdown measures designed to reduce Covid-19 infections that will be in effect until 30 April. These measures include a new national curfew and the suspension of some non-essential activities.
Notably, the DNU outlines tougher restrictions for the Amba, where it stipulates a longer curfew, which for the first time during the pandemic will be enforced by the military, and the closure of public schools. President Fernández justified the imposition of tougher restrictions on the Amba, which comprises the city of Buenos Aires (Caba) and surrounding areas, by pointing out that as the area with the highest population density in the country it also has the highest virus transmission rate.
The tough Amba restrictions were welcomed by the governor of Buenos Aires province, Axel Kicillof, a member of the federally ruling Partido Justicialista (PJ, Peronists). But they were rejected by the Juntos por el Cambio (JxC) main opposition coalition, as well as by constitutionalists and various local civil society groups. These quarters separately argued that the restrictions impinge on civil liberties; that they represent an unjustified federal intervention in the local governments affected; and that they undermine individual rights. But it was the order for all schools to close that proved the most contentious.
Schools were closed throughout 2020 as Argentina sought to bring its first wave of Covid-19 cases under control. They reopened in February following an intense campaign by parents’ groups concerned that the lack of face-to-face lessons was undermining schoolchildren’s educational and social development.
Significantly, the Fernández government pledged that it would try to keep schools open and would only move to close them as a last resort. Indeed, just hours prior to the release of the DNU, cabinet ministers insisted that schools would remain open. The closure was thus badly received by parents’ groups which staged protests outside the Olivos presidential residence, where Fernández has been staying, in rejection of the closures no sooner than they were announced.
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IMF quantifies cost of closing schools
During a 15 April press briefing the Director of the Western Hemisphere Department at the International Monetary Fund (IMF), Alejandro Werner, said that the suspension of classes for extended periods has “significant costs”. Werner explained that missing out on schooling affects individuals’ capacity to attain higher salaries in the future. He noted that a new IMF study estimates that the loss of a year’s of schooling in Latin America can reduce an individual’s future salary by as much as 7% and warned that prolonged school closures are likely to increase social inequality. “The loss [in future salary] is greater among students from poorer families, which exacerbates income inequality,” Werner said.
The campaign for the reopening of schools was backed by the JxC and some accused the Fernández administration of seeking to undermine the efforts by the Caba administration led by Horacio Rodríguez Larreta, a prominent JxC figure, to ensure that schools are safe for in-person learning. Rodríguez Larreta himself criticised the order to close schools as well as the deployment of soldiers to enforce the curfew in the Caba.
Complaining that he had not been consulted about the measures, Rodríguez Larreta argued that they are unnecessary and violate the city’s autonomy. The Caba has province status and, under the federal system outlined in Argentina’s constitution, provinces have political autonomy in various areas including law enforcement and public education provision.
Rodríguez Larreta accused Fernández of overstepping his remit and announced that his administration would present an appeal before the CSJN against the DNU on constitutional grounds. Specifically, Rodríguez Larreta said that the order to close schools infringes on the Caba’s political rights and children’s right to education. Insisting that his administration has put in place sufficient measures to make schools safe and that this is borne out by the epidemiological data (only 0.16% of the student population and 1.03% of teachers have been infected according to federal government figures), Rodríguez Larreta said that his administration would do everything it could to keep schools open.
Separately, Abramos las Escuelas, a parents’ group, filed an appeal at the Caba administrative court demanding that the municipal government guarantee children’s right to education by keeping schools open. The Caba court ruled in favour of the parents on 18 April and Rodríguez Larreta duly announced that schools in the city would remain open until the CSJN gets around to issuing a final ruling.
Fernández’s response to the legal challenges was to dismiss the accusations that he had breached the constitution as “absurd”. Insisting that the sole aim of the decreed restrictions is to reduce transmission of the virus, Fernández said that the closure of schools is a public health measure that the federal government has the prerogative to take and not an education policy measure that affects local governments’ autonomy.
“Suspending classes helps to lower the infection curve…and preserve the lives of the Argentine people,” Fernández said. He went on to announce that his government would lodge a complaint against the Caba court ruling at a federal administrative court. The Fernández administration is supported by teachers’ unions, traditional PJ allies. Teachers’ unions have been staging their own demonstrations in the Amba in support of school closures and have declared themselves on strike.
However, on 19 April the CSJN declared itself competent to rule on the constitutional appeal filed by the Caba government. The court stated that it has jurisdiction over any dispute involving the federal and provincial governments on constitutional matters. The CSJN said that it would resolve the complaint in a “very swift process” given the sensitivity of the case. It gave the Fernández administration just five days to argue its case and present evidence in support of its actions.
The CSJN ruling on the matter could have far-reaching political implications for the Fernández administration and the PJ if it loses its case, including harming its public image ahead of the October midterm legislative elections.
Wrong-footed ministers
Health Minister Carla Vizzoti and Education Minister Nicolás Trotta had both provided assurances that the government was not planning to close schools again. But they were wrong-footed by President Fernández’s decree and there are now questions over their position in the cabinet. In response to demands by the teachers’ unions for in-person classes to be suspended, Trotta had rejected this, stating on 14 April that “we can’t close schools again”. On the same day, Vizzotti said that “schools are not a major source of infections” and that in her opinion, there was no need to close them.
Tougher restrictions
President Lacalle Pou is starting to face opposition from within his own ranks over the lack of tougher restrictions to combat the spread of Covid-19. One deputy from the Partido Colorado (PC, Colorados), a member of Lacalle Pou’s multi-colour coalition, said this week that “what is now very clear is that the measures are not working”.
Demands for more restrictions in Uruguay
In marked contrast to what is happening in Argentina, across the River Plate in Uruguay the government led by President Luis Alberto Lacalle Pou is facing mounting public pressure to introduce more restrictions to slow the spread of Covid-19 in the country.
Just as in Argentina, the epidemiological situation in Uruguay has sharply deteriorated in recent weeks with the country recording a record number of infections that have put the public health system on the verge of collapse. But President Lacalle Pou has ruled out lockdown measures insisting that he is reluctant to curtail civil liberties and appealing to collective responsibility. However, health sector experts, the political opposition, and even some members of the ‘multi-colour coalition’ that supports his government have publicly called for more measures to be adopted.
For now, Lacalle Pou remains firm in his opposition to more restrictions. Asked during a 19 April press conference whether the rapidly rising Covid-19 death toll warranted a change in strategy, Lacalle Pou insisted that his government’s strategy was appropriate.
“The combination of restrictive measures taken by the government is the right one…these measures plus the vaccination campaign and people’s behaviour are what is going to get us out of this,” Lacalle Pou said. He once again appealed for individuals to act responsibly, adding that “of course some deaths could have been prevented; if people had behaved differently, they could have been avoided”. But with the death toll surpassing 2,000 on 20 April and the infection rate showing no sign of falling, the pressure on Lacalle Pou looks set to increase.