The Federal Administrative Litigation Court has rejected the injunction filed by the Universidad Nacional de las Madres de Plaza de Mayo against the Ministry of Human Capital. The UNMA had requested the immediate lifting of a fund retention and the transfer of over $550 million specified in the national budget.
In this way, the government won a legal battle against an institution with which it is ideologically opposed. The UNMA has accused the government of “intentional defunding”.
Judge Pablo Cayssials ruled that the university’s claim should be dismissed because the exceptional circumstances necessary to justify the complaint were not evident and the arguments put forth were insufficient.
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The judge also confirmed that the university’s claim did not clearly demonstrate a solid legal basis, nor did it show convincing evidence of the alleged arbitrary actions by the Public Administration, as reported by the UNMA.
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The court concluded that the issue is a patrimonial claim that should be addressed through other legal channels, as there was no evidence of irreparable damage to justify the injunction in this case.
The National Government questioned the legitimacy of the university’s rector, Cristina Caamaño Iglesias Paiz, since her appointment by resolution Nº 2534/23 of the former Ministry of Education was annulled by resolution Nº 45/24 of the Ministry of Human Capital.
Furthermore, the government argued that the minutes dated 05/03/24, documenting the assembly elections for her appointment, were invalid as they lacked the necessary approvals stipulated in Article 49 of the Higher Education Law and Article 23 of Decree Nº 176/96. This implies that Universidad de las Madres de Plaza de Mayo is not authorized to operate.
The university’s complaint
Since the beginning of the year, the Universidad Nacional de las Madres de Plaza de Mayo has not received the funds allocated in the national budget. “This has resulted in both teaching and non-teaching staff not being paid since the beginning of the year, and has forced us to move all courses online,” explained rector Cristina Caamaño.
“We have undertaken numerous actions, both administrative and judicial, to rectify this injustice. While we acknowledge that what we are experiencing is part of a broader effort to cut funding to National Universities, which led to the massive National University March on April 23, we believe that the case of the UNMA is particularly significant,” Caamaño stated in a communiqué.
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The rector claims that the defunding is “intentional and part of a direct attack motivated by ideological reasons, driven by the government’s actions against Memory, Truth, and Justice policies, as well as derogatory comments from the Vice President regarding the academic level of the UNMA”.
“This attack on the Universidad Nacional de las Madres de Plaza de Mayo seems to be a central element of the government’s negationist policies, making us a prime target of their attacks and discrimination. Not only do they refuse to disburse already allocated funds, but they also hinder our activities with numerous bureaucratic obstacles,” Cristina Caamaño further stated.
She emphasized that the UNMA “serves as a beacon for the consolidation of free, quality public education that can provide our societies with professionals committed to the unwavering respect for human rights. This is crucial in light of the resurgence of hate speech, denial, and even justifications for the genocidal actions of the last civil-ecclesiastical-military dictatorship.”
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