Brazil & Southern Cone - March 2013 (ISSN 1741-4431)

In its two consecutive terms in power, Uruguay’s ruling leftist coalition, the Frente Amplio (FA), has managed to introduce a series of progressive reforms to economic policy, public health and social policy. It has achieved this by heavily relying on its congressional majority, believing that this has given the party a strong mandate to pursue such changes. However, in the last couple of months there has been a backlash against some of these reforms, with some of them successfully challenged in Uruguay’s supreme court. These successes have emboldened the fractured political opposition, which is now uniting to present the biggest challenge yet to the current FA administration led by President José Mujica - a national referendum on the controversial new October 2012 law legalising abortion.

The legalisation of abortion had been in the pipeline in Uruguay for over 10 years. It has always been backed by FA on the grounds that it should be considered an important public health issue. In contrast it was staunchly resisted by the two conservative traditional parties, Partido Nacional (PN, Blancos) and Partido Colorado (Colorados, PC). Slowly but surely, the political situation began to change during the first FA government led by former president Tabaré Vázquez (2005-2010). The FA’s first term in power was such a resounding success that it was returned to power with President José Mujica in 2010, in the process securing narrow majorities in both houses of congress.

In October 2012, after years of an intense and divisive political and public debate, the ‘sexual health and reproduction law’ was approved by congress, making Uruguay only the third country in Latin America besides Cuba and Guyana to have legislation in place to allow women to terminate an unwanted pregnancy. The legislation only de-penalises abortions carried out before 12 weeks by a medical institution; and after a woman seeking to terminate her pregnancy has received appropriate counselling. No sooner did the law obtain approval than PN political leaders such as Deputy Pablo Abdala announced that they would launch a campaign to collect the necessary 52,000 signatures (or 2% of registered voters) to request that the law be put to a national referendum.

The referendum campaign was quickly backed by pro-life groups in the country; but it appeared to move slowly at first. However, after the new law went into effect in January, and the first legal abortions began taking place, it swiftly picked up momentum. The fact that many physicians in the country decided to conscientiously object to conducting abortions on ethical grounds, as permitted by the law lent weight to the campaign. According to some local press reports, up to 30% of all doctors are conscientious objectors. Indeed, the government and more specifically the health ministry (MSP), found itself with a growing problem on its hands, as the prevalence of these conscientious objectors meant that the law had effectively become dead letter in many interior areas, where women seeking to terminate a pregnancy were unable to find a doctor willing to assist them. In fact the MSP had announced that it was considering introducing modifications to the legislation so that it would be harder for doctors to object to practising abortions.

According to the local estimates some 200-300 legal abortions have taken place since January, a figure that further raised alarm amongst pro-life groups and large swathes of the population. (It is unclear whether all of these women were Uruguayan citizens). By 21 March the pro-life campaign led by Abdala had submitted a petition to Uruguay’s electoral court calling for a national referendum. The petition had 67,000 signatures, well over the minimum requirement. The electoral court now has 45 days to verify the signatures and then another 45 to put the proposal to popular consultation, whereby the proposed referendum question must obtain the support of 25% of all registered voters so that it can be put to the country in a full national referendum.

• Abdala celebrates

Partido Nacional Deputy Pablo Abdala, one of the main proponents of an abortion referendum, celebrated the fact that the pro-life campaign had managed to obtain the necessary signatures to begin the process. Abdala explained that the abortion law was the result of “a very quick debate, in which I think everyone acted too hastily, and we believe that the issue deserves an intense, serious, mature and responsible debate”. He added “Life is a fundamental human right that precedes the State and democracy itself, it cannot be subjected to majorities or minorities and the State must guarantee its defence”.