Religious Freedom in the Argentine Republic: Twenty Years After the Declaration on the Elimination of Intolerance and Religious Discrimination

I. INTRODUCTION "Religious Freedom," or "State Ecclesiastical Law" as it is called in Argentina, has interested me for many years not only theoretically, but also from a practical point of view. For many years I have had, and again presently have, the privilege of working in the Argentine Republic's government office in charge of religious affairs. This position has allowed me to witness firsthand the current state of religious freedom in Argentina and forms the basis for the discussion included herein. II. THE TRADITION OF FREEDOM IN THE ARGENTINE REPUBLIC The Argentine Republic is proud to be a country of freedom. Since its birth as a nation in 1816,1 and based on constitutional guidelines of the nineteenth century, Argentina has been a land of peace and liberty, open to "all men in the world who wish to dwell on Argentine soil."2 Argentina was born a vast and scarcely populated territory. The nation's founding fathers were immediately aware of the need to open the country and promote immigration. Religious freedom was an essential part of the effort to promote immigration. Argentina has a Hispanic tradition where, not surprisingly, the presence of the IMAGE FORMULA6Catholic religion has been hegemonic. The Catholic tradition continues to be the cornerstone of Argentina's national reality. However, since the beginning of Argentina's independence, Argentina has embraced other religious trends that have helped enrich its landscape. Setting aside the drafts of prior constitutional charters, the authors of Argentina's 1853 Constitution emphatically proclaimed religious freedom for "[a]ll inhabitants."4 In particular, the Constitution grants religious freedom to foreigners as part of the foundational program directed at attracting European immigration.5 Men and women from varied origins responded to Argentina's generous call. These people brought with them their own cultural and religious backgrounds. Thus, Protestant churches from countries such as Germany, Sweden, Norway, Denmark, and others joined the growing Anglican and Presbyterian churches in Argentina. Next, various other denominations born in and from the Reform began to appear in Argentina. Finally, important Orthodox Christian communities of Greek, Russian, Armenian, and Syrian origin, a large Jewish community, and a significant Islamic community were established in Argentina. Because of increased immigration, Argentina's population multiplied, as did its religious diversity. During the twentieth century, Evangelical and Pentecostal churches appeared in Argentina and grew markedly. Many of these churches were of American origin, including Adventists, Jehovah's Witnesses, and The Church of Jesus Christ of Latter-day Saints, while others were founded in Argentina. Hinduism, religions with Afro-Brazilian origin, various groups of Buddhist communities, and other groups of diverse origins and creeds also began to develop in Argentina. Last, some non-religious creeds, such as Spiritism and Masonry, also developed in Argentina. All of these religious communities enjoyed the broadest freedoms to practice their faith and many developed a strong presence in ArIMAGE FORMULA10gentina. Several generations of Argentines were born from and grew up following different religious beliefs. Paradoxically, the main religious faith, Catholicism, remained under severe state control during much of the twentieth century. For example, the state continued to supervise the election of Church authorities,6 the entry of religious ministers into the country,7 and communications with the pope.8 In time, this situation gave rise to various conflicts. There were several periods where Argentina suspended relations with Rome.9 In 1966, after several years of patient negotiations, Argentina signed an agreement with the Holy See that put an end to the patronage system and formally granted the Catholic Church the freedom to fulfill its mission. …