History of Argentine nationality
Encyclopedia
Ideas and practices of nationality and citizenship in the Republic of Argentina
(and before that, in the Viceroyalty of the Río de la Plata
and the Inca Empire) have changed with distinct periods of its history, including but not limited to periods of indigenous, colonial, republican, and military rule. These periods, in which political rights were often denied to both citizens and non-citizens, encouraged the development of resistance movements. This history of resistance and fighting for political rights is deeply imbedded in the modern Argentine notion of citizenship.
system of reciprocity. At the same time, Inca statebuilding was based on the threat of violence.
This interplay of threat and promise, combined with the ethnic diversity of the conquered groups, created an Inca citizenship that was not ethnic but territorial and administrative, and based on a reciprocal relationship of rights and duties. Though citizens were ultimately loyal to their particular etnías and communities (ayllu
s), the Inca Empire's formal structures were a clear and unifying presence, even at its edges.
Censuses were conducted using the quipu
, and individual ethnic groups were assigned unique goods and public services to provide as their tax. In return, citizens received immediate rewards (like feasts), as well as the promise that their ayllu
s would be provided protection from enemies and food if, for example, their harvests failed.
. In 1776 it became part of the new, and ultimately short-lived, Viceroyalty of the Río de la Plata
. Throughout Spanish America, citizenship was both a legal and a social status that was implicit rather than formal, and largely informed by one's racial and class background. As in the Inca Empire, the colonising power's concepts were combined with the unique dictates of the situation in the colony itself.
was the blanket term for community member in Spain and colonial and independent Spanish America, and is similar to what is now "citizen". The criteria for being a vecino were never defined in legislation, but rather conceived of as a natural, general rule. It is a nuanced, personal status directly related to a person's standing within the community. Shaped by the conditions in the colony, the term took on a broader meaning in the Americas than it had in Spain itself, where citizenship and nationality were not concerns for most, and where the racial makeup was more homogenous.
system of racial classification was the foundation of social order, and thus rights, throughout Spanish America.
Peninsulares
, Criollo (people)
s, Indio
s, and the growing group of mixed-race inhabitants (usually mestizos) all had different citizenship rights. Peninsulares had the full rights and privileges of naturaleza, and were the most esteemed in society and therefore were the ideal vecinos. Criollos were the most common in Buenos Aires, and were naturales and vecinos too, though with an implicitly lower status. Indios and mestizos were, initially, excluded from citizenship status entirely.
In order to become a member of the community, an outsider usually needed to prove that he was born in the territory, and culturally Spanish (Spanish speaking and writing, Catholic, etc.). In this way Spanish America tended towards jus soli (right by birth place). Foreigners could apply to the audiencia for a license to remain in the viceroyalty, or they could apply to the Crown (through the Council of the Indies for naturalization. The former did not grant the foreigner any rights, while the latter carta de naturaleza granted most rights afforded to other members (with some exceptions, including the right to own and operate a business).
Obtaining the carta de naturaleza was a lengthier process requiring more proof of cultural Spanishness, and usually a monetary payment to a Crown office or official. It was considered a personal grant, and therefore a personal relationship with a Crown official was invaluable.
was a relatively small frontier settlement threatened by the indigenous and Portuguese presence in the area, which gave the city's residents an especially acute sense of their Spanishness. To this end, city officials only allowed "natives of the kingdoms of Spain" (naturales) to become citizens. Only foreigners who could provide a useful service to the city and who were considered culturally Spanish were granted the status. These individuals were almost always of non-Spanish European ancestry, and where rarely (if ever) indigenous or African.
In the 1610s, an oath for citizenship candidates was created that required them to possess a house and arms; however, the number of applicants dropped in subsequent years and the oath fell out of use.
) and taxation (tributo) duties to the Crown. Still, the terms vecino and naturaleza were never officially applied.
( A notable exception: The Asamblea del Año XIII
, or Assembly of 1813, precursed the official Argentine Declaration of Independence
in July 1813, but is the republic's first attempt at a constitution. Though the delegates could not agree on many major points, Freedom of Wombs
was declared, giving freedom and citizenship to slaves' children born within the territory. It also states that the Argentine Indians were ruled by the Pampas in the 1800s.)
, Juan Bautista Alberdi
, and Esteban Echeverria
in response to the Rosas
administration, the Generation of 1830 proposed a new, modern Argentina built on economic partnerships with Europe and European immigrants. Sarmiento’s “civilization or barbarism” and Alberdi’s “civil liberty for all, political liberty for a few” and "to rule is to populate" characterize the society they envisioned – one of order and progress, in which those qualified to run the state were men of European intellectual tradition. This more elitist approach to governance effectively proposed two tiers of citizenship.
, the new republic's first constitution, does not contain any explicit references to citizenship, though as a product of its framers liberal thought it is very universalist in spirit, speaking of broad, universal rights that apply to all men. This contrasts with the practice of vecindad, which is by nature individual and nuanced.
This clause reflects the Generation of 1830's immigration policies. European immigrants, particularly those from developed Northern European countries, were meant to have a civilizing and modernizing effect on Argentine society, and to forge a new Argentine identity based on hard work, merit, and economic progress.
These two aims - Europeanization and population of the interior - combined in the Conquest of the Desert
, where the remaining indigenous groups of the pampas, Andes
valleys, and Patagonia
were driven out or killed to make room for immigrant farmers. The indigenous were considered a problem, and not true Argentines in the new vision, and therefore had no citizenship rights in the first place.
’s populist, participatory government encouraged a greater link between subject and state. His vision was inclusive and collective, based on the idea that all of Argentina needed to be involved in the project of national development. Ethnic, racial, or other national identities were made secondary to the new collective Argentine identity. He was the first to frame Argentine citizenship in terms of political rights, rather than community membership.
(Evita), officially enfranchised women and involved the lower classes, particularly workers, in national politics for the first time. Through their social welfare programs, Peron and Evita became father and mother figures for the Argentine masses, building a collective national identity instead of a country of sovereign individuals.
He also encouraged immigrant and minority groups, especially Jews, to participate in public life through labour unions, officially recognized cultural associations and wings of political parties.
Peron's initially successful economic policy of Import substitution industrialization (ISI) also fostered national pride and a sense of independence.
to uphold provinces' rights, while still maintaining that Argentine citizenship is a national, pan-provincial status.
Argentina extends its civil rights to "all inhabitants" of the Nation, not just those with full citizenship status. (see "section 20" below) This provision was added in 1957, with the state taking responsibility for its inhabitants' well-being.
This section is a reaction to Spanish colonial rule, under which an individual's legal and practical rights were determined by their blood (both in terms of race and nobility).
The stipulation that "equality is the basis of taxation and public burdens" reflects that, in practice, Argentine citizenship flows from both rights and duties.
(1) to be 18 years old;
(2) to have been living in Argentina for 2 years; and
(3) to apply for citizenship before a federal judge.
And it can be denied if you:
(1) have been in jail for more than 3 year in the last 5 years;
(2) are under criminal prosecution;
(3) do not have an honest way of income. To work without a legal permit is considered an honest way of living.
Due to the fact that the citizenship law has existed unchanged since 1869 in its present form, the Supreme Court have issued many precedents on which there is a solution to almost every immigration situation an immigrant might face. Citizenship has been granted to immigrants who lacked legal residency or entered the country illegally, or even to immigrants with criminal records in exceptional cases.
Recentry, the Federal Chamber of Parana established that illegals doesn't exist in Argentina. Ilegallity is regarding actions that violates the criminal law. The violation of the immigration law is a simple administrative issue that can be healed applying for residency or citizenship.
The continiuous 2 years means that you have your home in this country. Foreigners have the same civil rights than argentinians, among others, to travel. It means that the continuity of the 2 years doesn't mean that the solicitant cannot leave the country.
For historic reasons, federal courts are still reluctant to recognize the rights of ¨irregular¨ immigrants, They usually request the following requirements related to the abolished law 21.795 (enacted in 1978 by Dictator Jorge Rafael Videla, was abolished in 1984 and Law 346 re-enacted):
(1) Legal residency (2) Legal work (3) That you speak, read and write Spanish (4) That you renounce your native citizenship (5) DNI with permanent residency (6) Birth certificate apostilled and translated by public notary (7) Certificate of a clean criminal record from your home country (8) Certificate of a clean criminal record in Argentina (9) CUIT or CUIL number
New residents are legally required to obtain a DNI within 90 days of arrival.
- it is both a right and a duty.
Though non-citizens cannot vote in federal elections, some provinces allow non-citizen residents (those with DNIs) to vote in provincial and/or municipal elections:
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
(and before that, in the Viceroyalty of the Río de la Plata
Viceroyalty of the Río de la Plata
The Viceroyalty of the Río de la Plata, , was the last and most short-lived Viceroyalty of the Spanish Empire in America.The Viceroyalty was established in 1776 out of several former Viceroyalty of Perú dependencies that mainly extended over the Río de la Plata basin, roughly the present day...
and the Inca Empire) have changed with distinct periods of its history, including but not limited to periods of indigenous, colonial, republican, and military rule. These periods, in which political rights were often denied to both citizens and non-citizens, encouraged the development of resistance movements. This history of resistance and fighting for political rights is deeply imbedded in the modern Argentine notion of citizenship.
Inca nationality
The Inca Empire was a conglomeration of conquered ethnic groups - etnías - ruled by ethnic Inca from the Cuzco-Lake Titicaca Basin in what is now central Peru. They called their empire Tiwantinsuyu, meaning "four corners." Modern northern and western Argentina was a part of Kollasuyu. The Inca elite imposed their own institutions on conquered territories, while at the same time incorporating local customs on a case-by-case basis. Because the Argentine portion of Kollasuyu was on the edge of the empire the communities there had even more local autonomy than elsewhere in the empire, but were still subject to Inca protection and duties through the mitaMita (Inca)
Mit'a was mandatory public service in the society of the Inca Empire. Historians use the hispanicized term mita to distinguish the system as it was modified by the Spanish, under whom it became a form of legal servitude which in practise bordered slavery.Mit'a was effectively a form of tribute to...
system of reciprocity. At the same time, Inca statebuilding was based on the threat of violence.
This interplay of threat and promise, combined with the ethnic diversity of the conquered groups, created an Inca citizenship that was not ethnic but territorial and administrative, and based on a reciprocal relationship of rights and duties. Though citizens were ultimately loyal to their particular etnías and communities (ayllu
Ayllu
Ayllu is the traditional form of a community in the Andes, especially among Quechuas and Aymaras.Ayllus were the basic political and social units of pre-Inca and Inca life. These were essentially extended family groups but they could adopt non-related members, giving individual families more...
s), the Inca Empire's formal structures were a clear and unifying presence, even at its edges.
Mita
The Inca state functioned through a complex system of labour extraction and tribute which consolidated their power over conquered regions. This tribute always took the form of people and their time, and was couched in kinship terms.Censuses were conducted using the quipu
Quipu
Quipus or khipus were recording devices used in the Inca Empire and its predecessor societies in the Andean region. A quipu usually consisted of colored, spun, and plied thread or strings from llama or alpaca hair. It could also be made of cotton cords...
, and individual ethnic groups were assigned unique goods and public services to provide as their tax. In return, citizens received immediate rewards (like feasts), as well as the promise that their ayllu
Ayllu
Ayllu is the traditional form of a community in the Andes, especially among Quechuas and Aymaras.Ayllus were the basic political and social units of pre-Inca and Inca life. These were essentially extended family groups but they could adopt non-related members, giving individual families more...
s would be provided protection from enemies and food if, for example, their harvests failed.
Other Expressions of Inca Presence
- The spoken language of QuechuaQuechua languagesQuechua is a Native South American language family and dialect cluster spoken primarily in the Andes of South America, derived from an original common ancestor language, Proto-Quechua. It is the most widely spoken language family of the indigenous peoples of the Americas, with a total of probably...
was the official spoken language of all governance (the Inca had no written language), and became a symbol of Inca presence through contact with officials and the renaming of local landmarks. - Imperial, administrative titles were given to local officials and ethnic/aylluAylluAyllu is the traditional form of a community in the Andes, especially among Quechuas and Aymaras.Ayllus were the basic political and social units of pre-Inca and Inca life. These were essentially extended family groups but they could adopt non-related members, giving individual families more...
leaders, thus incorporating them into the empire's broader, administrative structure. - As mentioned, the Inca conducted detailed censuses using the quipuQuipuQuipus or khipus were recording devices used in the Inca Empire and its predecessor societies in the Andean region. A quipu usually consisted of colored, spun, and plied thread or strings from llama or alpaca hair. It could also be made of cotton cords...
. Inclusion on the census made one, officially, an Inca subject. - The Inca resettled conquered peoples for a variety of administrative reasons. Often, the moving of these mitmaqkuna settlers was purely an expression of power over newly conquered subjects.
Colonisation and the Viceroyalty
After being colonised by the Spanish, Argentina was made part of the Viceroyalty of PeruViceroyalty of Peru
Created in 1542, the Viceroyalty of Peru was a Spanish colonial administrative district that originally contained most of Spanish-ruled South America, governed from the capital of Lima...
. In 1776 it became part of the new, and ultimately short-lived, Viceroyalty of the Río de la Plata
Viceroyalty of the Río de la Plata
The Viceroyalty of the Río de la Plata, , was the last and most short-lived Viceroyalty of the Spanish Empire in America.The Viceroyalty was established in 1776 out of several former Viceroyalty of Perú dependencies that mainly extended over the Río de la Plata basin, roughly the present day...
. Throughout Spanish America, citizenship was both a legal and a social status that was implicit rather than formal, and largely informed by one's racial and class background. As in the Inca Empire, the colonising power's concepts were combined with the unique dictates of the situation in the colony itself.
Vecindad
VecinoVecino
In Spanish-speaking areas, a vecino is nowadays a neighbor, or a resident of a place.In older times throughout the Spanish Empire, a person who has a house and home in a town or city and contributes to its expenses, not necessarily living near to the person referring to him; a local figure of some...
was the blanket term for community member in Spain and colonial and independent Spanish America, and is similar to what is now "citizen". The criteria for being a vecino were never defined in legislation, but rather conceived of as a natural, general rule. It is a nuanced, personal status directly related to a person's standing within the community. Shaped by the conditions in the colony, the term took on a broader meaning in the Americas than it had in Spain itself, where citizenship and nationality were not concerns for most, and where the racial makeup was more homogenous.
Naturaleza
Naturaleza, meaning "naturaleness" or "nativeness," was a second term for citizenship in Spain and Spanish America. It usually applied to "natives of the kingdoms of Spain," and was more closely linked to the Crown and subjecthood. Like vecindad, naturaleza was never clearly defined in the law, and took on a broader meaning than in Spain itself.Casta system
The CastaCasta
Casta is a Portuguese and Spanish term used in seventeenth and eighteenth centuries mainly in Spanish America to describe as a whole the mixed-race people which appeared in the post-Conquest period...
system of racial classification was the foundation of social order, and thus rights, throughout Spanish America.
Peninsulares
Peninsulares
In the colonial caste system of Spanish America, a peninsular was a Spanish-born Spaniard or mainland Spaniard residing in the New World, as opposed to a person of full Spanish descent born in the Americas or Philippines...
, Criollo (people)
Criollo (people)
The Criollo class ranked below that of the Iberian Peninsulares, the high-born permanent residence colonists born in Spain. But Criollos were higher status/rank than all other castes—people of mixed descent, Amerindians, and enslaved Africans...
s, Indio
Indio
Indio may refer to:* Indio, California* Indio, person of indigenous peoples of the Americas* The Spanish Colonial racial term for the native Austronesian peoples of the Philippines between the 16th and 19th centuriesSpecific people:...
s, and the growing group of mixed-race inhabitants (usually mestizos) all had different citizenship rights. Peninsulares had the full rights and privileges of naturaleza, and were the most esteemed in society and therefore were the ideal vecinos. Criollos were the most common in Buenos Aires, and were naturales and vecinos too, though with an implicitly lower status. Indios and mestizos were, initially, excluded from citizenship status entirely.
Immigration and the Foreigner
The presence of non-Spanish Europeans in the Viceroyalties of Peru and Rio de La Plata was, officially, illegal. Though “insiders” and “outsiders” were not explicitly defined in the viceroyalties, Spanish law did differentiate between the two by granting privileges only to those considered members of the community. Because the concept of ‘community’ itself was poorly, if at all defined, non-members were deemed to be so on a case-by-case basis, based on community opinion and, where available, on precedent.In order to become a member of the community, an outsider usually needed to prove that he was born in the territory, and culturally Spanish (Spanish speaking and writing, Catholic, etc.). In this way Spanish America tended towards jus soli (right by birth place). Foreigners could apply to the audiencia for a license to remain in the viceroyalty, or they could apply to the Crown (through the Council of the Indies for naturalization. The former did not grant the foreigner any rights, while the latter carta de naturaleza granted most rights afforded to other members (with some exceptions, including the right to own and operate a business).
Obtaining the carta de naturaleza was a lengthier process requiring more proof of cultural Spanishness, and usually a monetary payment to a Crown office or official. It was considered a personal grant, and therefore a personal relationship with a Crown official was invaluable.
Early Buenos Aires
Colonial Buenos AiresBuenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
was a relatively small frontier settlement threatened by the indigenous and Portuguese presence in the area, which gave the city's residents an especially acute sense of their Spanishness. To this end, city officials only allowed "natives of the kingdoms of Spain" (naturales) to become citizens. Only foreigners who could provide a useful service to the city and who were considered culturally Spanish were granted the status. These individuals were almost always of non-Spanish European ancestry, and where rarely (if ever) indigenous or African.
In the 1610s, an oath for citizenship candidates was created that required them to possess a house and arms; however, the number of applicants dropped in subsequent years and the oath fell out of use.
The Indians
By the eighteenth century, Indians were receiving citizenship statuses of their own. Initially classified as members of indigenous communities by birth, this status helped determine their labour (repartimientoRepartimiento
The Repartimiento was a colonial forced labor system imposed upon the indigenous population of Spanish America and the Philippines. In concept it was similar to other tribute-labor systems, such as the mita of the Inca Empire or the corvée of Ancien Régime France: the natives were forced to do...
) and taxation (tributo) duties to the Crown. Still, the terms vecino and naturaleza were never officially applied.
Criollo versus Peninsular
The implicit valuing of peninsulares over criollos in Spanish America was a key point of contention in the debates over independence, particularly in the highly-literate city of Buenos Aires. Though they legally belonged to the same kingdom as naturalezas, only criollos had been born in the Americas (as vecinos), and thus felt that they had a unique claim to the land, its administration, and the rights that would follow.Independence and the new Republic
The Independence movement in Argentina was primarily criollo movement, and thus the citizenship laws made in its aftermath primarily affected the criollo population.( A notable exception: The Asamblea del Año XIII
Asamblea del Año XIII
The Assembly of Year XIII was a meeting called by the Second Triumvirate governing the young republic of the United Provinces of the Río de la Plata on October 1812....
, or Assembly of 1813, precursed the official Argentine Declaration of Independence
Argentine Declaration of Independence
What today is commonly referred as the Independence of Argentina was declared on July 9, 1816 by the Congress of Tucumán. In reality, the congressmen that were assembled in Tucumán declared the independence of the United Provinces of South America, which is still today one of the legal names of the...
in July 1813, but is the republic's first attempt at a constitution. Though the delegates could not agree on many major points, Freedom of Wombs
Freedom of wombs
Freedom of wombs was a judicial principle applied in several countries in South America in the 19th century which automatically freed slaves' children at their birth, rather than becoming the property of the parents' owners.-By country:A movement for American freedom from Spain grew in the...
was declared, giving freedom and citizenship to slaves' children born within the territory. It also states that the Argentine Indians were ruled by the Pampas in the 1800s.)
Generation of 1830
Led by Domingo Faustino SarmientoDomingo Faustino Sarmiento
Domingo Faustino Sarmiento was an Argentine activist, intellectual, writer, statesman and the seventh President of Argentina. His writing spanned a wide range of genres and topics, from journalism to autobiography, to political philosophy and history...
, Juan Bautista Alberdi
Juan Bautista Alberdi
Juan Bautista Alberdi was an Argentine political theorist and diplomat. Although he lived most of his life in exile in Montevideo and Chile, he was one of the most influential Argentine liberals of his age.-Biography:...
, and Esteban Echeverria
Esteban Echeverría
José Esteban Antonio Echeverría was an Argentine poet, fiction writer, cultural promoter, and political activist who played a significant role in the development of Argentine literature, not only through his own writings but also through his organizational efforts...
in response to the Rosas
Juan Manuel de Rosas
Juan Manuel de Rosas , was an argentine militar and politician, who was elected governor of the province of Buenos Aires in 1829 to 1835, and then of the Argentine Confederation from 1835 until 1852...
administration, the Generation of 1830 proposed a new, modern Argentina built on economic partnerships with Europe and European immigrants. Sarmiento’s “civilization or barbarism” and Alberdi’s “civil liberty for all, political liberty for a few” and "to rule is to populate" characterize the society they envisioned – one of order and progress, in which those qualified to run the state were men of European intellectual tradition. This more elitist approach to governance effectively proposed two tiers of citizenship.
Exclusion in the “New Country”
No matter how close economic and cultural ties were (or were desired to be) with Europe, political discourse in the mid-nineteenth century up to Peronism after the Second World War made Europeans the counterpoint “other” to Argentine collective identity. Argentina was developing on the same economically liberal model as European powers (particularly Spain, Britain, and France), but improving on it.Constitution of 1853
The Argentine Constitution of 1853Argentine Constitution of 1853
The Argentine Constitution of 1853 was the first constitution of Argentina, approved with the support of the governments of the provinces —though without that of the Buenos Aires Province, who remained separated of the Argentine Confederation until 1859, after several modifications to the...
, the new republic's first constitution, does not contain any explicit references to citizenship, though as a product of its framers liberal thought it is very universalist in spirit, speaking of broad, universal rights that apply to all men. This contrasts with the practice of vecindad, which is by nature individual and nuanced.
Immigration in the Nineteenth and Early Twentieth Centuries
The Constitution of 1853 did include a clause regarding immigration:This clause reflects the Generation of 1830's immigration policies. European immigrants, particularly those from developed Northern European countries, were meant to have a civilizing and modernizing effect on Argentine society, and to forge a new Argentine identity based on hard work, merit, and economic progress.
Populating the Interior
Along with changing the demographic makeup of the country by increasing the number of Europeans, the immigration drives of the nineteenth and early twentieth century were meant to populate the Argentine interior which was, to this point, largely undeveloped.These two aims - Europeanization and population of the interior - combined in the Conquest of the Desert
Conquest of the Desert
The Conquest of the Desert was a military campaign directed mainly by General Julio Argentino Roca in the 1870s, which established Argentine dominance over Patagonia, which was inhabited by indigenous peoples...
, where the remaining indigenous groups of the pampas, Andes
Andes
The Andes is the world's longest continental mountain range. It is a continual range of highlands along the western coast of South America. This range is about long, about to wide , and of an average height of about .Along its length, the Andes is split into several ranges, which are separated...
valleys, and Patagonia
Patagonia
Patagonia is a region located in Argentina and Chile, integrating the southernmost section of the Andes mountains to the southwest towards the Pacific ocean and from the east of the cordillera to the valleys it follows south through Colorado River towards Carmen de Patagones in the Atlantic Ocean...
were driven out or killed to make room for immigrant farmers. The indigenous were considered a problem, and not true Argentines in the new vision, and therefore had no citizenship rights in the first place.
Immigration Law
- Ley de Desembarco (Law of Disembarkment) , 1872 – Containing the first legal definition of ‘immigrant,’ the law allowed inspection of ships to prevent the entry of those ill or otherwise unable to work. The bill did not pass the Committee on Legislation, but was reworked and included in an 1876 law after an outbreak of yellow fever on an immigrant ship spread throughout Buenos Aires.
- Ley de Residencia (Law of Residence), 1902 - Legalised the expulsion of immigrants who "compromise national security or disturb public order."
- Ley de Seguridad Social (Law of Social Security), 1910 – This law provided for the expulsion of anarchists and persons convicted of capital crimes in Argentina. It was also established for ship captains who allowed passengers to violate the law. It represents a further backlash against the immigration population. Membership in the Argentine nation was still contingent on being useful to it.
Perón and a new collective identity
Juan PerónJuan Perón
Juan Domingo Perón was an Argentine military officer, and politician. Perón was three times elected as President of Argentina though he only managed to serve one full term, after serving in several government positions, including the Secretary of Labor and the Vice Presidency...
’s populist, participatory government encouraged a greater link between subject and state. His vision was inclusive and collective, based on the idea that all of Argentina needed to be involved in the project of national development. Ethnic, racial, or other national identities were made secondary to the new collective Argentine identity. He was the first to frame Argentine citizenship in terms of political rights, rather than community membership.
Enfranchisement and political participation
Peron, with the influence of his wife Eva PeronEva Perón
María Eva Duarte de Perón was the second wife of President Juan Perón and served as the First Lady of Argentina from 1946 until her death in 1952. She is often referred to as simply Eva Perón, or by the affectionate Spanish language diminutive Evita.She was born in the village of Los Toldos in...
(Evita), officially enfranchised women and involved the lower classes, particularly workers, in national politics for the first time. Through their social welfare programs, Peron and Evita became father and mother figures for the Argentine masses, building a collective national identity instead of a country of sovereign individuals.
Building the collective identity
Peron built his new Argentine identity around its Hispanic and creole roots and the concept of the Madre Patria (motherland) to which one is always, and ultimately, loyal. Later, this Hispanic tradition was replaced by a Latin one in order to incorporate the large Italian immigrant community. Public holidays like the ‘’Día de la Raza’’ and new school textbooks glorified the conquest.He also encouraged immigrant and minority groups, especially Jews, to participate in public life through labour unions, officially recognized cultural associations and wings of political parties.
Peron's initially successful economic policy of Import substitution industrialization (ISI) also fostered national pride and a sense of independence.
Guerra Sucia and Military Rule
The military juntas and the Guerra Sucia which followed Peron were exceptionally repressive, and the systematic targeting of ordinary citizens created a climate of fear and silence that was the opposite of the mass political participation of the Peron era. Still, they too built their governments around concepts of Argentine identity. The juntas attacked Peronism as a threat to the true capitalist Argentine values, conceiving a more , individualist, and exclusive model of citizenship in which only the qualified had the right to rule, and all others must trust their decisions. The collective Argentine identity was replaced with a more individualist, favour-based model, where the citizen's role was in service of the state rather than vice versaSocial movements
Though freedom of expression was nonexistent under the juntas and dissent was a punishable offence, a strong social movement grew out of the military rule. Though each group had its own concerns, most used the rhetoric of citizenship to fight for a return of their political rights. These human rights groups were eventually joined by women's groups and trade unions in early 1982, beginning the return to democracy and civilian rule. By voicing their concerns in terms of citizenship rights, the dissent movement refashioned the model of the Argentine citizen into one of an active participator with high expectations, willing to make demands of his or her government.Present day
Present day Argentine citizenship law is derived, in the most part, from the National Constitution. Until recently, in 1994, the document did not contain any definition of citizenship and the related rights; instead, clauses were worded in terms of "residents" and "the people." The 'New Rights and Guarantees' section added in 1994 was a reaction to authoritarian rule, and clearly regulates Argentine political rights; however, the Constitution still does not contain a definition of citizenship itself.Relevant sections of the Constitution
In this way, Argentina's federal system uses a version of the principle of comityComity
In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations , particularly by recognizing the validity and effect of their executive, legislative, and judicial acts...
to uphold provinces' rights, while still maintaining that Argentine citizenship is a national, pan-provincial status.
- Section 14bis also includes a provision granting the benefits of social security, "which shall be of an integral nature and may not be waived."
Argentina extends its civil rights to "all inhabitants" of the Nation, not just those with full citizenship status. (see "section 20" below) This provision was added in 1957, with the state taking responsibility for its inhabitants' well-being.
This section is a reaction to Spanish colonial rule, under which an individual's legal and practical rights were determined by their blood (both in terms of race and nobility).
The stipulation that "equality is the basis of taxation and public burdens" reflects that, in practice, Argentine citizenship flows from both rights and duties.
Citizenship
The valid laws governing citizenship (Ley 346, Ley 23.059, and Decreto 3.213/84) set forth very simple requirements:(1) to be 18 years old;
(2) to have been living in Argentina for 2 years; and
(3) to apply for citizenship before a federal judge.
And it can be denied if you:
(1) have been in jail for more than 3 year in the last 5 years;
(2) are under criminal prosecution;
(3) do not have an honest way of income. To work without a legal permit is considered an honest way of living.
Due to the fact that the citizenship law has existed unchanged since 1869 in its present form, the Supreme Court have issued many precedents on which there is a solution to almost every immigration situation an immigrant might face. Citizenship has been granted to immigrants who lacked legal residency or entered the country illegally, or even to immigrants with criminal records in exceptional cases.
Recentry, the Federal Chamber of Parana established that illegals doesn't exist in Argentina. Ilegallity is regarding actions that violates the criminal law. The violation of the immigration law is a simple administrative issue that can be healed applying for residency or citizenship.
The continiuous 2 years means that you have your home in this country. Foreigners have the same civil rights than argentinians, among others, to travel. It means that the continuity of the 2 years doesn't mean that the solicitant cannot leave the country.
For historic reasons, federal courts are still reluctant to recognize the rights of ¨irregular¨ immigrants, They usually request the following requirements related to the abolished law 21.795 (enacted in 1978 by Dictator Jorge Rafael Videla, was abolished in 1984 and Law 346 re-enacted):
(1) Legal residency (2) Legal work (3) That you speak, read and write Spanish (4) That you renounce your native citizenship (5) DNI with permanent residency (6) Birth certificate apostilled and translated by public notary (7) Certificate of a clean criminal record from your home country (8) Certificate of a clean criminal record in Argentina (9) CUIT or CUIL number
Documento Nacional de Identidad
The DNI is Argentina's Documento Nacional de Identidad, or National Identity Document. It is a small book of personal information that includes a unique number, used to obtain social services, to vote, in renting, opening bank accounts, etc.New residents are legally required to obtain a DNI within 90 days of arrival.
Elections
As mentioned in Section 37, Argentina enforces compulsory votingCompulsory voting
Compulsory voting is a system in which electors are obliged to vote in elections or attend a polling place on voting day. If an eligible voter does not attend a polling place, he or she may be subject to punitive measures such as fines, community service, or perhaps imprisonment if fines are unpaid...
- it is both a right and a duty.
Though non-citizens cannot vote in federal elections, some provinces allow non-citizen residents (those with DNIs) to vote in provincial and/or municipal elections:
- Buenos Aires (province) - provincial and municipal
- Buenos AiresBuenos AiresBuenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
(city)- local only - CatamarcaCatamarcaCatamarca may refer to:*San Fernando del Valle de Catamarca, Argentina*Catamarca Province, Argentina...
- municipal only, with DNI and four years' residence in Catamarca and having registered with the municipal authorities as a foreign voter - Misiones - provincial and municipal, having registered specially with and obtained a voters' card from the provincial authorities
- NeuquénNeuquénNeuquén is the name of the following things:* Neuquén, Argentina* Neuquén Province* Neuquén River* Neuquén Group...
- provincial and municipal, having registered specially with provincial authorities - Santa FeSanta Fe, ArgentinaSanta Fe is the capital city of province of Santa Fe, Argentina. It sits in northeastern Argentina, near the junction of the Paraná and Salado rivers. It lies opposite the city of Paraná, to which it is linked by the Hernandarias Subfluvial Tunnel. The city is also connected by canal with the...
- municipal intendents and councilpersons only, having registered specially with municipal and provincial authorities
See also
- Pre-ColumbianPre-ColumbianThe pre-Columbian era incorporates all period subdivisions in the history and prehistory of the Americas before the appearance of significant European influences on the American continents, spanning the time of the original settlement in the Upper Paleolithic period to European colonization during...
America - Demographics of ArgentinaDemographics of ArgentinaThis article is about the demographic features of Argentina, including population density, ethnicity, economic status and other aspects of the population....
- Immigration to ArgentinaImmigration to ArgentinaImmigration in Argentina, can be divided in several major stages:* Spanish colonization starting in the 16th century, integrating the indigenous inhabitants ....
- History of the Jews in ArgentinaHistory of the Jews in ArgentinaThe history of the Jews of Argentina goes back to the days of the Spanish Inquisition and Portuguese Inquisition, when Jews fleeing persecution settled in what is now Argentina. Many of the Portuguese traders in the Viceroyalty of the Río de la Plata were Jewish, but an organized Jewish community...
- Afro ArgentineAfro ArgentineThe black population resulting from the slave trade during the centuries of Spanish domination of the Viceroyalty of the Río de la Plata had a major role in Argentine history...
- Welsh settlement in ArgentinaWelsh settlement in ArgentinaY Wladfa refers to the Welsh settlement in Argentina, which began in 1865 and occurred mainly along the coast of Chubut Province in the far southern region of Patagonia...
- Asian-Argentines
- Wikipedia:WikiProject Argentina