LSJ/SIS 322: HUMAN RIGHTS IN LATIN AMERICA COURSE WORKSPACE COURSE WORKSPACE Summer 2010 Alejandro Cerón

Class outline  Oral presentation - guidelines (any questions?)  Intro: “transition to democracy”  Films  Truth commission in Peru  Guatemala 10 years after truth commission  Discussion  The role of truth commissions  “Verdad, memoria y justicia”  “Reconciliacion”

Oral presentation - guidelines  10 minute presentation (no less than 7 min.)  Two options:  1. Describe your posts and explain what you learned from them.  2. What lessons did you learn from the class (combination of readings, students, films, etc.)  Lessons can include new questions you ask about HR in Latin America  Graded as credit/no credit (participation grade) based on presenting orally, effective use of time, and focus on lessons learned  No points for using any PPT or other visual aid, but you can use them

Oral presentations 5:25Semir 5:35Adam 5:45Anna 5:55Drew 6:05Jessica 6:15 6:25Oliver 6:35Sergio 6:45 6:55Rebecca 7:05Christina 7:15Farrah 5:25Becca 5:35Erin 5:45Milagros 5:55Amanda 6:05Jeremy 6:15Brian 6:25Elizabeth 6:35Danielle 6:45 6:55Ava 7:05 7:15Aman Monday, August 16 Wednesday, August 18

Transitions to Democracy Forces contributing to democratization: Economic downturn States could no longer contain domestic unrest, needed to make concessions to opposition States needed foreign investment to bolster ailing economies, and this depends on good international PR Geopolitical changes End of Cold War-> US less willing to tolerate authoritarianism Rise of HR movement put pressure on US for endorsing state terror Political change within countries As armed struggle waned, most reformers willing to accept limited reforms (c/p rights) rather than far reaching social transformations In some countries, political leaders granted amnesties as an incentive for authoritarians to leave power

The democratic “gamble” To end conflicts, reformers in many countries settled for limited c/p rights gains (formal democracy), without widespread social reforms Many recognized that granting c/p rights alone would not address long-term causes of conflict, but banked on “democratic gamble” For the most part, this didn’t work  Why not? Today, in many countries people question the value of formal democracy without wider social reforms

Implicit assumption Democratic gamble: notion that rights expand in concentric circles; generations of rights C/P Rights SEC Rights

Truth commissions Common component of “transitional justice” is truth- telling Assumption that remembering past prevents its repeat How do truth commissions operate; whose truth do they tell?

Film Peru: Comision de la Verdad y Reconciliacion “State of fear: the truth about terrorism” (aprox 90 min) Oficial website (link)link (9 min, during CVR work) (link)link Yuyanapaq (link to part 1) (link to part 2)link to part 1link to part 2 CVR final report Destruction of democracy (link)link Sendero Luminoso part 1 (link), part 2 (link)link Guatemala: 10 years after Comision para el Esclarecimiento Historico (link)link

Greg Grandin 20th century LatAm: rewriting of understanding of what democracy was about From state as arbiter of social justice to state as guarantor of individual rights truth commissions explain history in ways that may be limiting Define HR violations as disconnected from long-term political struggles, periods of violence as irrational, bounded David Kennedy (2004): HR divides world into realms of reason and chaos “Truth commissions, by presenting an interpretation of history as a parable rather than as politics, largely denied the conditions that brought them into being.” (2005:5)

Kimberly Theidon How do we define what/who needs to be included? “Victim centered” approaches Efforts to be “gender sensitive” complex Just inviting women to participate is not enough; they don’t talk about sexual violence Creating women-only spaces is not enough; this obscures other divisions Why do we want them to talk? Assumptions about therapeutic value of remembering Assumptions about courageousness of speaking out What acts are heroic? Women’s narratives describe heroism in relation to other family, community members; do we hear this as heroism or victimization?

Kimberly Theidon Is expecting intimate narratives ethical? Might it be more heroic -- or healthy -- for survivors to insist their stories are private? Should silence be respected? When survivors talk, what is the obligation of the listener?

Transitional justice debates What is the aim of transitional justice? Example of escraches: is this justice? What do victims/survivors want? “My day in court”/symbolic chance to tell story from victim’s point of view Chance to find out truth of what happened Vengeance Deterrence Monetary compensation Societal recognition that what happened was wrong To remember To forget Not everyone agrees that trials are best way to achieve these aims

“Truth not trials” approach “clean slate” Focus on societal reconciliation, truth-telling rather than individual accountability Fear of triggering authoritarian backlash Argentina: under Alfonsin, top officers convicted, but then 1986 amnesty, 4 military uprisings in late 1980’s-> Pres. Menem pardoned all military officers 2007: Supreme Court annuls pardons More collaboration from perpetrators Can allow criticism of courts themselves “More complete” social process

Legal Accountability Failure to prosecute past crimes undermines rule of law Justice should not be held hostage by fear Reconciliation cannot happen without punishment Criminal trials also provide truth-telling, healing

Is there a middle ground? Priscilla Hayner: truth vs. justice is not a trade- off Truth commissions can fortify criminal prosecutions South Africa TRC is best example