Goals and Challenges Facing Transitional Democracies
What are the goals? States have four obligations: Do justice: criminal prosecutions/punishment Grant victims right to know the truth: investigations, reports, truth commissions Grant reparations: monetary and other compensation for damages suffered Do not allow violators to continue to serve on law-enforcement or security forces: a purge of security forces
In all cases, two main kinds of obstacles Political factors: Members of the old regime and their supporters will resist a look at old crimes The new regime may resist the creation of a truly independent and strong judiciary, and may be reluctant to challenge powerful actors Institutional factors: Information: hard to prove old crimes Economics: states are in disrepair, and this is costly Infrastructure: outmoded legislation, weak judicial structures
Overcoming the obstacles In many countries, this is a huge task, requiring building a “new” judiciary from scratch Will need to be stronger and more independent, less corrupt In others, like Chile, a functioning judiciary with authoritarian patterns can also be an obstacle Will need to be reformed, maybe need a change of personnel
What results so far? Chile: Do justice: almost no prosecutions Right to know the truth: S.Ct. prevents investigation, truth commission stymied by military resistance Grant reparations: only in the last year have they passed a reparations law Depuration of law-enforcement or security forces: no purging of military or police. In sum: not good for about 10 years, no corruption, but also no accountability for past violations. Today? Better.
What results so far? Argentina: Do justice: Initial prosecutions, then amnesty Grant victims right to know the truth: Strong truth commission report, televised trials Grant reparations: Under Menem, reparations laws, and continuing Do not allow violators to continue to serve on law-enforcement or security forces: some purging of military or police, but primarily upper echelons In sum: initial prosecutions, but pardons, amnesties (and continuing corruption and inefficiency). Today?
What results so far? Guatemala: Do justice: No prosecutions of high level officials Grant victims right to know the truth: A strong truth commission report, though with some difficulty in dissemination Grant reparations: no reparations Do not allow violators to continue to serve on law-enforcement or security forces: no purging In sum: no prosecutions, but a truth commission report.