HRW Warns: Milei's Lobby Bill Puts Freedom of Expression at Risk

Amid criticism from various sectors of the lobby bill promoted by the government in Congress, Human Rights Watch (HRW) warned that it could impose «unreasonable burdens» on independent human rights organizations and other civil society groups, and called for «corrections.»

The New York-based international organization noted that the bill aims to promote transparency and integrity, but as drafted, it «would impose new administrative burdens and legal risks so serious that, in practice, they would prevent many civil society groups from participating in the public policy-making process.»

«It is valuable that the government wants to regulate and ensure transparency around lobbying activities, but it must guarantee the rights of the population and civil society organizations to influence public policies,» said Juanita Goebertus, director of HRW’s Americas Division. «Congress should correct the overly broad provisions of the bill to ensure that civil society organizations can do their work without undue restrictions,» she added.

Last week, at the last informational meeting of the Constitutional Affairs and General Legislation committees, none of the 26 speakers invited supported the official text. La Libertad Avanza (LLA) chose to postpone the opinion and open a negotiation process with dialoguing blocs that are already working on alternative proposals.

The goal of the law, according to Javier Milei’s administration, is to limit undue influence on government decisions and increase transparency of lobbying activities, HRW recalled. The organization highlighted that it would create a public registry of interest managers and require registration for both professional lobbyists and representatives of companies, business chambers, and any other person or organization seeking to influence decisions of the Executive Branch or Congress.

«Registration in the registry would not be automatic or guaranteed. On the contrary, the authorities in charge of the registry, operating under the Executive Branch, could reject registration, for example, if they consider it ‘incompatible’ with the organization’s registered corporate purpose,» it detailed. Authorities could also suspend or cancel registration for non-compliance with the law; for example, for failing to report meetings in a timely manner. This would allow Executive Branch authorities to arbitrarily prevent civil society groups from participating in advocacy activities, HRW noted.

Among other aspects, the organization warned that the bill would require registered individuals or organizations to report in detail each meeting or «contact» they have with public authorities within five days. «It is very likely that civil society organizations will find it more difficult than business groups to cope with these administrative burdens. This risks tipping the scales so that, ultimately, interest groups with large financial resources increase their access to the Government and Congress, while human rights organizations and other civil society members decrease theirs,» HRW warned.

Another controversial point, according to HRW, is that the bill would amend the Penal Code to allow prison sentences of up to two years for anyone engaging in lobbying activities without prior authorization. Additionally, it would allow imposing a prison sentence of up to three years on those who carry out «clandestine representation of foreign interests,» including those who fail to declare that they are trying to influence decisions related to «national defense, internal security, or foreign relations» with foreign funding.

«Under the International Covenant on Civil and Political Rights and the American Convention on Human Rights, Argentina is obligated to respect the rights to freedom of association and expression. Any restriction on these rights must be clearly defined, necessary, and proportionate to achieve a legitimate aim, such as protecting the rights of others,» the organization recalled. As drafted, the bill «does not take these human rights obligations into account» and would even grant the Executive Branch «excessive powers to sanction civil society organizations seeking to improve government response to acts of corruption and human rights violations,» HRW stated.

«If Congress cares about transparency in public decisions, it should properly regulate lobbying without hindering the advocacy work of civil society organizations,» Goebertus concluded.

WATCH THE VIDEO: