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Title: Democracy and Human Rights Special Topics


1
Democracy and Human RightsSpecial Topics
  • CPO 4306

2
Special Topics Courses
  • If you have taken a Special Topics Course
    previously you can still get credit for this one
  • If you take this one and want to take another
    Special Topics Course in the future you can do
    that and get credit
  • Opportunity to explore a new topic

3
Purpose of this course
  • To explore what has happened in cases of
    democratization after human rights violations
  • To consider this question across several
    different regions of the world
  • To allow you to help me think about a new book on
    human rights and democracy

4
Readings
  • Books as listed on syllabus
  • One book is Anderson, 2010
  • Books also on reserve 2 hours plus overnight.
  • Coursepack
  • Hard copy 25
  • E copy 9.40
  • Also includes Anderson unpublished, chapter 3 only

5
Talk about the reading
  • There are no texts for a class like this
  • Frei
  • Wood
  • Coursepack
  • Anderson

6
What happens in cases like these?
  • What difference does it make that a nation
    experienced gross human rights violations?
  • Is it possible to develop democracy in the
    aftermath of such events?
  • What alternative paths have nations chosen?

7
Cases Chosen
  • Latin America
  • Chile
  • El Salvador
  • Argentina
  • Europe Germany
  • Africa South Africa

8
The Latin American Cases
  • Argentina
  • First case
  • Few examples to follow
  • Became an example itself
  • Chile
  • Came later
  • Possibly the most successful
  • El Salvador
  • possibly the least successful

9
Order of the course
  • Germany
  • First
  • Worst
  • Early example
  • Latin America
  • Largest number of cases
  • South Africa
  • best known
  • best example

10
Coursepack material
  • Robert Rotberg and Dennis Thompson Truth vs
    Justice The Morality of Truth Commissions
    selected chapters
  • Anderson unpublished (dont read this yet)

11
Rotberg and Thompson
  • First introduction to some of the issues
  • Vocabulary
  • dilemmas

12
Goals
  • Truth
  • Justice
  • Reconciliation, social healing

13
Goals
  • Preventative (never again)
  • Restorative (healing for victimes if alive for
    families if victims are dead and for society
    at large)
  • Move society to a new place where it can let go
    and move forward

14
Choices
  • Acknowledge or ignore?
  • Investigate or close the books?
  • Trials? Yes or no
  • If Trials then where?
  • Military courts? Chile
  • Civilian courts? Argentina
  • International tribunals? Germany
  • Special judicial authorities? S Africa

15
Choices Investigate
  • Once we know, then what
  • Punishment or amnesty?
  • If punishment, what punishment?
  • Reparations or no?

16
Power of Outgoing Regime
  • Varies considerably
  • Human rights violators want impunity
  • Power can also change with time

17
Role of International Community
  • Varies
  • Can be central and essential (Germany, El
    Salvador)
  • Can be interested observer (S. Africa)
  • Can be totally absent (Argentina)

18
International Role
  • Depends on timing
  • This has only been a field since 1990s
  • If you were Germany you had no examples
  • Today there are many examples, all slightly
    different

19
Choices in finding truth
  • Public or private
  • Who to interview
  • Should you also interview perpetrators?

20
Other relevant terms
  • Forgiveness
  • Vengance
  • Just punishment
  • Catharsis
  • Repentance
  • Restorative justice

21
Coursepack Chap 2Gutmann and Thompson
  • Realism the task is too large, let it go and
    move on
  • Prosecution is impossible or unfeasible
  • Compassion
  • Relief
  • Redemption
  • Forgiveness
  • Spirituality, possibly a religious experience
    (role of religion)

22
Terms
  • Retributive justice (punishment)
  • Restorative justice (dignity)
  • Reparations
  • All of these cases have had to make decisions
    about each of these terms.

23
Blame
  • History
  • How far back do you go?
  • Is history irrelevant at some point?
  • Example of S Africa and the Boers vs the English

24
Alternative positions
  • Amnesty and restoration are incompatible
  • Amnesty ruins democracy
  • Amnesty makes justice impossible
  • Disharmony is good for democracy

25
What about human rights violations by liberation
movements?
26
Alternative answers
  • Ignore
  • Punish
  • Acknowledge but treat differently justifiable
    struggle versus deliberate repression

27
Value of deliberation
  • Sitting down to talk has a value
  • Social discussion is part of democracy
  • Try to disagree without being extreme

28
Who is guilty?
  • The top general or president?
  • Those who gave orders?
  • Those who followed orders?
  • Those who were spies?
  • Those who voted?
  • Those who looked away?
  • Those who did not fight back?

29
Forgetting vs Remembrance
  • Forgetting favors perpetrators
  • Remembrance provides dignity. This is a crucial
    point. Society must acknowledge what happened to
    these people
  • But eventually victims also need to forget or
    accept
  • How far to go in either direction?

30
Forgiveness
  • Do people have to forgive?
  • Should people decide never to forgive?

31
Mired in the muck of compromise
  • From Elizabeth Kiss, p 70
  • Most countries have found answers to all of these
    questions that are compromises
  • Someone is always dissatisfied
  • Someone always wants more or less

32
Germany
  • What to do with the Nazis?

33
Brief history of Germany
34
2001 with me?
  • If not, Theen and Wilson or any other brief text
    on Germany history

35
Germany democracy
  • Germany came to democracy late relative to
    France, Britain and US
  • Became democratic after being a monarchy
  • Began democracy just prior to WWI

36
German skepticism about democracy
  • Inexperience with democracy
  • Greater faith in a central, non-democratic leader
  • Democratization coincided with
  • Defeat in war
  • Economic depression

37
Breakdown of German Democracy
  • Defeat in war reparations payments, esp to
    France
  • Economic crisis
  • Hitler offered a solution let me solve all your
    problems for you
  • Germans voted for him

38
Complexity of the Fascist Vote
  • Social Democrats opposed Hitler and the Nazis
    from the outset
  • They were the only party to take this position
  • They recognized Hitler for who he was
  • Conservatives did not take the Hitler threat
    seriously. Did not oppose him but did not
    support him

39
Hitlers Victory
  • Nazism won a plurality, not a majority
  • In a parliamentary system
  • Making Hitler Chancellor, not President
  • A position more like Prime Minister in Britain
  • This is not a separate presidential mandate but
    his PARTY was in power

40
End of Democracy
  • Hitler then ended all elections
  • Someone burned the Reichstags (symbolic more than
    practical) but it has come to symbolize the end
    of democracy
  • Probably was the Nazis but this has never been
    proven
  • Gradually increased repression and control

41
Hitlers Soup Kitchens
  • Provided food to poor and unemployed
  • Credit support for farmers losing farms
  • Family support for new and young families
  • Various types of real poverty relief
  • Ursalas story

42
Complexity of Hitler Support
  • Not everyone supported the Nazis but many people
    did
  • Those who supported the Nazis had good reason to
    do so
  • The ugly side of Nazism did not reveal itself
    until after it won power and not even immediately
    after winning. Nazism came slowly, the stealth
    factor.

43
Defeat in War
  • Utter collapse of the Nazi regime with no power
    and no legitimacy
  • No influence over new democracy
  • Absolute occupation by Allied Forces
  • Germany divided

44
Return to Democracy
  • Overseen by Western Allies, W Germany only
  • Began with Nuremburg Trials, top officials
  • Suicide of Hitler
  • Denazification (Chap 2 of Frei)

45
Frei Chap 1
  • 1945-1949
  • By 1949 major trials past
  • 1949 amnesty law

46
Amnesty
  • 4 years of trials
  • Effort by Western allies to govern Germany
  • When does Germany begin to govern itself?
  • Expenditure of time by Western governments

47
Deliberation
  • Result of parliamentary decision
  • Extensive discussion in media
  • Further discussion by judiciary and in law
    journals (amnesty to be applied by judges inside
    domestic courts in individual cases)

48
Overseen by Western Allies
  • Adenauer checked the law with the occupying
    powers
  • Checked again as it formulated itself
  • Respect for Adenauer by Allies

49
Further Amnesty Details
  • Context for democracy had existed before the 12
    years of Hitlers authoritarianism
  • Only one side target of prosecution
  • Brits offer amnesty on certain days (part of
    German argument)
  • Amnesty started small, expanded gradually

50
Quote
  • What must cease in Germany is the chase after
    human beings (p 22)
  • The end of vengance
  • Figures p 24
  • ----------
  • Amnesty also as a rejection of occupation,
    re-establishment of nation, assertion of self

51
Frei Chap 2 Denazification
  • Also begun and imposed by Western Allies
  • Purge of officials from positions of power,
    influence, decision-making.
  • Nazi Party outlawed Establishment of elections
    but you are not allowed to run as a Nazi or vote
    for Nazism

52
A Legislation for the Past
  • 4 years of denazification had been a legislative
    perspective looking backward
  • Need to look forward
  • Loss of human capital and expertise
  • Exclusion of millions from society

53
Putting a Process in Place
  • P 32 definitions of categories of those
    excluded and purged
  • Gradual extension of amnesty to groups 2-5

54
Why denazification?
  • Recovery of human power vs continued loss of
    skills, education, training, intelligence
  • Effort to rebuild a nation
  • Rejection of occupation

55
Chap 3
  • Read this on your own, no lecture here

56
Frei Chap 4 Amnesty Law 1954
  • P 67 1945-1951 17,000 legal investigations
  • 5,500 convictions
  • Shifting public mood
  • Reluctance to continue trials
  • Tired of it all

57
Shifting Mood
  • Social reluctance, a social decision
  • Compare this with Argentina
  • A Vengeful, punitive, vindictive society?
  • Compare this with S. Africa
  • Quote p 91

58
Frei Part II
  • The Question of War Criminals

59
Definition
  • Began with top commanders, Hitler and his top men
  • Began with Nuremberg Trials
  • Continued downward through military ranks
  • Ended with soldier, policemen, SS and all those
    following orders
  • Included concentration camp staff

60
Reaction of German public
  • Support for trials of top political command
  • Shock over revelations of what regime did
  • Growing distaste for continuation of trials
  • What right to foreigners have to do this?
  • Became outright resistance

61
Eastern Germany?
  • What was happening there?
  • Mostly unknown
  • 30,000-40,000 condemned
  • We do not know. This book still needs to be
    written

62
Changing geopolitical context
  • Focus on Germany and Nazis took western attention
    away from Soviet Union
  • Growing threat of Soviet power and fear of it
  • Desire by Bonn and West Germany to be part of
    democratic alliance against USSR
  • Need to make Germany into a friend

63
War Criminal Problem
  • By 1955 this had become a question of average
    soldiers and prison guards
  • Just about everyone in jail had been following
    orders
  • Why should they face punishment when average
    citizens did not? (singled out men and young
    people)
  • Growing resistance from right

64
The problem of the right
  • Most legal parties were democratic, legalistic
    and not neo-Nazi
  • This allowed democracy to continue to develop
  • Continuation of war crimes imprisonment
    strengthened right, weakened democracy
  • Growing resistance from average Germans

65
Role of parliament
  • All of this continuously debated in parliament
  • Also debated in media, especially newspapers
  • This is what Gutmann and Thompson call
    deliberation this is the best way to arrive and
    the best solution

66
Social response
  • Growing refusal to help Allies catch escapees
  • Growing resentment of Allies
  • Gradually and quietly most prisoners released

67
Guilt of a nation
  • If anyone is guilty then everyone is guilty
  • Then no one is guilty, or at least not guilty
    enough to keep paying a price
  • Nazism without Nazis yes it was a bad regime
    but no specific person is any longer guilty

68
Negative consequences
  • Reduced German willingness to do their own soul
    searching
  • This is what they are doing now

69
Return of the Nazi right
  • Allied bottom line this would not happen
  • Prepared to back that position with military
    might
  • But also pragmatic and realistic end the
    continued punishment take away the soil upon
    which neo-Nazi right was beginning to grow.

70
Frei - Conclusion
  • Overarching goal of Adenauer years
  • Reintegrate Nazis into German society
  • Which necessitated amnesty

71
Main characteristics of policy
  • Agreed upon by most observers consensus
  • Sweeping scope
  • Speed

72
Germanys return to nationhood
  • Rejection of denazification policy
  • Rejection of allied definition of collective
    guilt
  • Solidarity of the not guilty or the less guilty
    with the more guilty
  • Return toward normalcy, while also having lost
    half their country

73
German judiciary
  • This case began with extensive international
    intervention, i.e. defeat in war and occupation.
  • Higher level of external intervention than any
    other case here
  • But it terminates with the domestic judiciary
    playing the central role
  • Initiative moved from international to domestic,
    a significant achievement

74
Amnesty themselves
  • A need to stop self-flagelation
  • A need to give meaning to their own loss of lives
  • An inability to cope with the full reality of
    what the Third Reich had done and their own
    complicity in those crimes

75
Not because they were innocent
  • But precisely because they were guilty

76
As if to say
  • Yes, we did this.
  • In fact, we did more than we are quite prepared
    to look at just now
  • But so what?
  • What are we supposed to do now?
  • Should we freeze and do nothing now because of
    what we did then?
  • Or should we move on?

77
Continued presence of Nazism
  • Undoubtedly still there
  • 1953 election among parties who knew that one
    decade earlier the majority of the electorate
    would have voted for Hitler (possibly overstated)
  • Never able to take hold owing to Allied presence
  • Brown trickle or dark fountainhead ? P 306

78
And those who do not believe in Democracy
  • Old German Prussians
  • Adherents of the monarchy
  • Hindenburg supporters of the old German right

79
An experience of disintegration
  • Threat of no longer being a nation
  • Losing Germany entirely
  • Had already lost half
  • This was more than they could cope with and so a
    selective and limited memory emerged and a desire
    for self-amnesty

80
Geopolitical context
  • USSR seen as greater threat
  • Especially by American
  • Adenauers clear desire to link the new Wester
    German state to the west ideologically,
    economically and militarily
  • So if German army demanded amnesty he was
    prepared to go along with it for that reason
  • Adenauers perception that USSR constituted an
    individual threat to Germany along. They had
    already taken half his country.

81
Ambivalent role of the Allies
  • Positive
  • Negative
  • Ensured that no Nazi party would gain power
  • Protected against USSR
  • Still an occupying power
  • Still overseeing all German decisions
  • Still a target of resentment

82
German rearmament
  • Goal of German military
  • Also of Adenauer
  • Also of the Americans (more than the West
    Europeans, as you can easily understand)

83
Definitions and Terms
  • Asocial elements
  • Criminal regime
  • German soldiers
  • Regime of criminals

84
Basic Law
  • Slide 93 and 94 of 2001

85
Limited ability to address the past
  • This would continue for several decades
  • Perhaps is changing now
  • This last chapter is highly critical of the
    Germans and I do not know if he could have
    published this in 1960.

86
Exam
  • Due Thursday, January 31 at 5pm est.
  • Send to landerso_at_ufl.edu
  • Keep a hard copy

87
When I am away
  1. If you miss class you are responsible for the
    material you missed and you are responsible for
    it obtaining it without contacting me. Form a
    student contact.
  2. If you need a syllabus, find one without
    contacting me. Sources include
  3. Other students
  4. Political science main office (do you know where
    that is?) If not, find out. Use the campus
    guide/map.
  5. If you miss class the day the exam is passed out,
    do not try to reach me afterwards to get the
    exam. If you miss class, that is not my
    responsibility. It is your responsibility. Form
    a student contact. Do not miss class. Pay
    attention to exam dates and key class events.

88
Argentina
89
Newer case
  • This is a much newer case but still one of the
    early cases in the modern history of human rights
    studies.
  • This case dates to 1983 and the immediate years
    thereafter, esp up to 1985, 1986.

90
A Brief History
  • Long history of military coups
  • First democracy was 1916-1932
  • Subsequent decades characterized by circumscribed
    elections (not all parties allowed to compete) or
    by more military governments

91
Peronism
  • An authoritarian populism
  • That instituted elections the Peron felt certain
    he could win
  • Particular and peculiar emotional hold over the
    low income population

92
Battle over Peronism 1956-1973
  • Effort by military and wealthy elites to exclude
    Peronism
  • Effort by Peronism to exclude everyone else
  • Deteriorated into political chaos and terrorism
    in 1970s
  • 1973-1976 Peronist presidency

93
1976 Military Coup
  • March, 1976. This has become a national day of
    memorial and commemoration in Argentina
  • Military coup removed elected Peronist
    governments
  • Yet another military government except.

94
This was the most brutal dictatorship ever.
95
The Dirty War
  • Popular name for the military dictatorship of
    1976-1983
  • The military called it the Process of National
    Reconstruction, also known as El Proceso.
  • During this time the military murdered people,
    approximately 30,000.

96
Patterns of the Dirty War
  • People disappeared. This became a verb. The
    military disappeared people.
  • Kidnappings at night
  • Breaking and entering homes where people slept
  • Kidnapping and jailing entire families, including
    children, infants, and pregnant women

97
Patterns of the Dirty War
  • Kidnappings in broad daylight
  • Kidnappings from cafes, offices, schools and
    campuses
  • Most common were midnight break-ins and when
    people were walking alone on the street

98
Then what?
  • For most of the dictatorship, no one knew the
    answer to that question
  • Argentines simply knew that their friends,
    families, children had disappeared
  • So the mothers went looking for them. These
    became the Mothers of the Plaza de Mayo.

99
Mothers Activities
  • Schools, offices, friends houses
  • Hospitals
  • Police stations
  • Morgues

100
Character of those disappeared
  • Mostly young people. Your age group was a
    particular target
  • People age 20-35
  • University students and young people
  • Activists
  • Professionals engaged in resistance
  • Human rights lawyers
  • Independent union organizers

101
Characteristics of Youth
  • Many people this age are dating people
  • Headed toward marriage
  • Starting jobs, families, careers
  • Starting families
  • At least some of the disappeared were young women
    who were pregnant. This gave you no protection
    against being disappeared.

102
So the mothers went looking
  • Now they were also looking for grandchildren,
    babies, infants they had never seen
  • They searched hospitals
  • Clinics and womens care centers
  • Morgues

103
The headscarf
  • Symbolism
  • Self identification
  • To converse with each other and share information.

104
Findings of the Mothers
  • That these people were really and truly gone
  • That something terrible may have happened to them
  • That the police may have known something and
    denied it
  • That babies were also gone

105
A Mothers Social Movement
  • This became the origins of the social movement
    that eventually brought down the military
  • Thursdays at 3 those who survive still walk
    there at that time
  • Men could support but not participate and heres
    why

106
The fall of the Proceso
  • A mothers and grandmothers movement
  • Other human rights movements
  • International condemnation
  • Falkland Islands/Malvinas War, lost, defeated by
    Britain
  • Economic crisis

107
Return to Democracy
  • Military agreed to step aside and allow elections
  • Amid nationwide and international recriminations,
    disgust and outrage
  • The military had little power to negotiate their
    new condition. Remember this. This matters.
  • But they also had no remorse or regrets.

108
Movies
  • The Official Story La Historia Oficial
  • Cautiva
  • The Secret in their Eyes
  • La noche de los lapices

109
landerso_at_ufl.edu
  • landerso_at_polisci.ufl.edu

110
On writing
  • Intro, concl, body of essay
  • Topic sentences
  • Grammar green
  • Spelling red
  • Thesaurus

111
1983 election
  • Radicals and Raul Alfonsin promised investigation
    and trials. No podemos actuar como nada hubiera
    pasado.
  • Peronist (Luder) said nothing about human rights
    but were widely suspected of pacting w/ military
    and offering amnesty
  • Age-old Peronist affinity with the military
    (Peron was an officer)

112
1983 Alfonsin victory
  • Human Rights Policy 1 Agenda
  • Investigate what happened
  • Try the topbrass
  • Have the military try themselves

113
Military response
  • Military found everyone innocent
  • This was a war
  • In war there are casualties
  • So now what? Do you say OK, lets move on? Or
    do you move jurisdiction elsewhere?

114
Investigate
  • Truth Commission
  • Find out what happened
  • Then decide what to do
  • Head Ernesto Sabato

115
Nunca Mas Truth Commission
  • Finally the truth emerges
  • The disappeared were imprisoned in clandestine
    prisons
  • The police and military knew all along where they
    were
  • They were tortured, raped, killed
  • Bodies dumped in the South Atlantic

116
The Children
  • Small children were given away or sold
  • Some spirited out of the country
  • Pregnant women gave birth in captivity
  • Their infants stolen from them upon birth
  • Babies given away or sold
  • Mothers murdered (Cautiva)

117
So now Argentina knew the truth
  • Human rights violations
  • Murder, rape, kidnapping
  • Theft of property
  • Numbers unknown
  • Location of children unknown
  • Forensic work
  • Then finally DNA
  • How to respond?
  • Amnesty?
  • Judicial trials and domestic legal system?
  • Upon what grounds?
  • These acts were legal under the military regime.
  • Can justice be retroactive?

118
Now what?
119
Possible responses
  • Argument 1 Trials
  • Argument 2 Ignore
  • Military trials of their own members
  • These were military men so they should not be
    tried in civilian courts
  • Laws applied should be those of previous regime
  • No retroactive justice allowed
  • Explosive issue
  • Would invite another coup
  • When the military regime was in power these were
    not illegal acts

120
Step One
  • Move decision-making to Congress
  • Remember Gutmann and Thompson call for
    deliberation
  • Centralizing Congress as decision-making body
    protected Alfonsin (easier to overthrow one man
    than 400)

121
First Congressional Law
  • Try the military, including all those who engaged
    in egregious behavior
  • Sapac amendment
  • How broad is that???!!!

122
Early trials
  • Had the potential to address all military members
  • Soldiers and officers alike
  • Continue trials downward
  • Apparently endless investigations

123
Congressional Decision
  • Try them in Civilian Court
  • Broadcast proceedings
  • Military have refused to find themselves guilty
  • Congress moved trials to civilian courts
  • Judiciary center of process
  • Human rights law, Geneva Convention not laws of
    military regime
  • Make trials public
  • Timing to touch the next generation
  • Months of proceedings

124
Publicize
  • Live coverage
  • International attention
  • Played on daytime television at 3 pm when all
    children are at home
  • Reach the next generation first so that it will
    never happen again

125
Military Response
  • Anger
  • Resentment
  • Threats
  • Attempted coup

126
Several coup attempts
  • These began during the trials
  • Alfonsin government thought they would
    discontinue but they did not
  • Growing military strength as democratic
    government weakened
  • Move toward economic collapse

127
Growing military resistance
  • Anger
  • We have done nothing wrong
  • This was a war. People died. This is what
    happens in war.
  • Threatened coup

128
Congressional Response
  • Obedience Debida
  • Punto Final
  • Following orders
  • Denial would have meant death to soldiers
  • Deliberate effort by military to incriminate
    everyone
  • After a certain date no new cases could be filed
  • Frantic 6-month period of putting together cases
    and files
  • End of trials thereafter

129
End of Initial Argentine Response
  • These 2 laws ended the legal response
  • Military still dissatisfied but accepted this
    solution
  • Mothers very angry but helpless to change the
    situation

130
Argentina moves on
  • Economic crisis
  • Reform of labor
  • New election
  • Defeat of Radicals
  • Return of Peronism to power

131
1989 election
  • Peronist victory
  • New President Carlos Menem
  • Old Peronist sympathy with military

132
Menem agenda
  • The economy
  • Other reforms like control over labor
  • Education
  • Human rights was not part of Menems agenda

133
Menem in power
  • Amnesty
  • !!!

134
Amnesty
  • All generals released
  • All other military prisoners released
  • Left terrorists also released

135
Menems Agenda for Military
  • Forget the disappeared
  • Move on
  • Keep military on tight leash
  • Keep them occupied otherwise
  • NATO
  • Peacekeeping forces (Argentina???!!!)

136
One final coup attempt
  • Against Menem
  • Menem ordered the military to fire
  • They followed orders
  • Rebels taken prisoner
  • This was the last attempted coup (so far)
  • Promotion of Balza

137
Role of civil society
  • Women and young girls
  • Refusal to date soldiers
  • Scorn for the military and for soldiers
  • Low pay, difficult to make a living

138
Outcome
  • Volunteers all but disappeared
  • Draft continued

139
End of Draft
  • One final event
  • Death of recruit
  • Public response
  • Ending of draft now a fully volunteer army
  • Probably do not have military power to overthrow
    the government. Maybe

140
Kirchner years
  • National day of mourning every year in March
  • Re-opening of some trials
  • Mostly symbolic

141
What was left undone?
  • Further trials?
  • Reparations
  • What do you think
  • Social policies
  • indemnity

142
Assessment of Argentine case
  • Recommendations
  • Facts from case
  • What would Gutmann and Thompson have recommended
    in the Argentine case?
  • What would others have recommended?
  • How far did Argentina go toward those
    recommendations?
  • Honest effort to find truth
  • More accountability more deliberation

143
Chile
144
Background
  • Chile coup 1979
  • Elected ousted Allende
  • Socialist
  • Elected by plurality
  • Extensive reforms
  • Military coup
  • US involvement

145
Chilean military regime
  • Pinochet
  • 3,000 disappeared
  • Parties illegal
  • Elections ended
  • All civil rights (association, speech, freedom of
    press)

146
Ending of military regime
  • Plebiscite 1988 Yes/No
  • Parties reactivated
  • Parties united Voto para el NO
  • Pinochet position economy
  • Pinochet lost

147
1989 election
  • 3 parties competed
  • Center won
  • Chile returns to democracy

148
Pinochet stepped down
  • Amnesty
  • Impunity
  • No trials
  • Etc etc etc

149
Ruthlessness of the regime
  • Movies
  • Missing
  • House of the Spirits
  • Law abiding

150
Chile
  • Started late and slow
  • Possibly accomplished more than Argentina
  • Certainly accomplished more than El Salvador

151
What can we learn from Chile?
  • Particularities of the Chilean case
  • Was this the best way to proceed?
  • Advantages of going slowly
  • Role of international actors

152
Two phases
  • Early efforts
  • Aylwins sincerity
  • Aggression of Armed Forced
  • Limited progress
  • But it was not a total loss
  • Later role for international actors
  • Pinochets visit to London turning point
  • Role of the Courts

153
Chiles phase I domestic effort
  • Declaration by President
  • Rettig Report
  • Reparations

154
Declaration by President
  • March 1990 Aylwins inaugural speech
  • Find truth
  • Social debt for economic system
  • reconciliation
  • Established investigative commission which let to
    Rettig Report
  • Help to Exiles
  • Reform judiciary

155
Rettig Report
  • Officially established and sanctioned by the
    executive
  • Gave the truth commission legitimacy and some
    power
  • Recommended reparations
  • Hostility of military
  • Also investigated terrorism by the left

156
Work of Rettig commission
  • Traveled nationwide
  • Interviewed everyone who wanted to present their
    case
  • Staff members (60 in all) studied documentation
    gathered by human rights organizations
  • NOTE this was unique in Chile careful
    documentation of violations during dictatorship

157
Reparations
  • The belief that reparations were appropriate and
    possible
  • 7000 people targeted for reparations
  • 380 monthly salary for specified period
  • Health and educational benefits to families of
    disappeared

158
Symbolic Actions
  • National Day of Mourning over death of Allende
  • Public launching of Rettig Report

159
Military response
  • Never apologized
  • Never admitted wrong doing
  • Reiterated reasons for Coup if they had it to
    do all over again they would do exactly the same
    thing
  • Ultimate show of force in Santiago
  • Pinochets absolute defiance

160
  • Discussion groups Tuesday

161
Democratic Government Backs Down
  • Fear of coup
  • Decision that democracy was more important
  • Roll back of progress on any human rights issues

162
Role of International Actors
  • If international actors had not stepped in this
    would have been the end of the story
  • Aylwin tried to reform the judiciary
  • Forward progress stopped by aggression of
    military and fear by democratic government

163
End of Phase I
  • Aggression by Armed Forces
  • Fear on part of democratic government
  • Desire by some social sectors to move on

164
Chiles Phase II
  • Pinochets visit to London
  • Entry of international actors
  • Spain demand to extradite Pinochet from Britain
  • British refusal to comply
  • Domestic Courts
  • Legitimized and reinvigorated by international
    actors
  • Beginning of a new battle through legal system

165
Pinochets attitude
  • Impunity
  • Wealthy man seeking maximum health care
  • He felt he had done nothing wrong
  • The rest of the world would agree

166
London weakened Pinochet
  • Gave weight to international opinion
  • Held up a mirror to Chile
  • Chile cared about international opinion

167
International actors
  • Limit to what they can do
  • They cannot
  • Punish someone elses military
  • Arrest and try nationals in another country
  • Change laws
  • But they can use their own domestic court system
  • And international law

168
Second exam
  • Between Chile and Argentina, which country did a
    better job addressing human rights violations?
    Tell me what standard or benchmarks you are using
    to compare and assess the policies of these two
    countries. Say why you think what you think.
    Write 7 pages.
  • Due in class March 19.

169
Domestic Courts
  • Linked into what was happening abroad
  • Already fortified by domestic reforms
  • Chiles court system became the new forum for
    forward progress on human rights issues

170
How does Chile stack up?
  • Compared to what?

171
All things are relative
  • Collins perspective
  • Other comparisons
  • Chile looks pretty good
  • Chile looks good compared with El Salvador
  • Chile started out not so impressive but got better
  • To Argentina
  • To Germany

172
Changes to the syllabus
  • March 19-28 El Salvador Read Wood, 2003,
    entire book
  • Part III South Africa April 2-11 South
    Africa Read Wood, 2000 and Wilson, entire
    book Part IV Overview and Assessment April
    16-18 Coursepack chapters again
  • April 23 Final exam

173
We will spend two weeks on El Salvador
  • For El Salvador we will be using Wood and Collins
  • If you have not read Collins Salvadoran part,
    then read that now

174
El Salvador
175
Also known as Salvador
  • Smallest country in Central America
  • Poorest country in Central America
  • Second most violent history, second only to
    Guatemala where they are currently using the term
    genocide
  • We do not study Guatemala

176
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178
Two weeks on El Salvador
  • Background
  • Human Rights

179
El Salvador Overview
  • This is your worst case scenario
  • Why is this true?
  • Is this acceptable or could the Salvadorans have
    done better/more?
  • Where does Salvador stand in comparison with our
    other cases?

180
The Fourteen Families
  • Small country in land mass
  • Extremely high population density
  • Limited sources of revenue
  • COFFEE
  • SOME COTTON
  • SOME CATTLE

181
1930s-1980s
  • Extreme exploitation of the population
  • A tiny wealthy class
  • Most people were poor
  • No middle class

182
1930s-1980s
  • First popular resistance in 1930s massacre
  • 1940s-1960s continuation of same
  • US preoccupied with World War II and then with
    Cold War
  • This is the period of the Somoza years in
    Nicaragua (for those of you who took 3303)

183
Beginning of resistance
  • Early 1980s development of revolutionary
    movment
  • FMLN Frente Farabundo Marti de Liberacion
    Nacional (Farabundo Marti National Liberation
    Front)
  • Beginning of a guerrilla war

184
Salvador and Nicaragua
  • Nicaragua had a successful socialist revolution
  • Threw out dictatorship
  • Semi-socialist government with command economy
  • US opposition mostly failed
  • Salvadoran dictatorship was 14 families, not one
    man
  • Effort to imitate Nicaragua
  • US tried to prevent socialism before the fact
    rather than removing it after the revolution

185
Nicaragua as the model
  • Salvadoran effort to follow Nicaraguan example
  • Popular revolution from below
  • Armed insurrection when the people would
    participate

186
Anderson and Wood
  • Wood
  • Civil War
  • Comparative Perspective with South Africa
  • Anderson
  • Failed revolutionary insurrection
  • Comparative perspective with Nicaragua

187
Wood on El Salvador
  • This is the story she tells

188
Insurrection
  • Revolutionary effort to remove the 14 families
  • Who were supported by a brutal military
  • Which was funded by the US

189
1980-1992
  • Revolutionary effort lasted about 12 years
  • Modeled on successful Sandinista revolution which
    triumphed July, 1979
  • Gradual effort by FMLN to conquer the country
    militarily
  • As FSLN had done in Nicaragua
  • Started in North
  • 4 fronts converging on Managua
  • Military defeat of Somozas National Guard

190
Differences from Nicaragua
  • United States was paying closer attention
  • 14 families more coherent and a more difficult
    target
  • Funding from US for military
  • Funding from Nicaragua, Cuba and everywhere else
    for FMLN

191
Famous Deaths
  • Death of Archbishop Oscar Romero
  • Movie Romero (Raul Julia)
  • Death of 4 nuns, including lay missionaries, one
    young woman college age
  • Book Roses in December
  • Did this also become a movie?

192
Discussion
  • This is where Liberation Theology was key
  • Liberation Theology influenced different national
    clergy communities differently
  • Influential in
  • Chile
  • Salvador
  • Nicaragua
  • Not influential in Argentina

193
Bergoglio (Argentine Church more generally)
Chilean Church (record keeping)
Romero (speaking out)
Taking up arms
Protection of combatents nonviolent participation
194
Speak out at home
Travel, speak out
Shelter to all, arms
195
These events brought international attention
  • OJO The beginning of international actors

196
International attention
  • US funding became international scandal
  • Brutality of military became target of
    investigation by Amnesty International
  • Congress ultimately cut funding to Salvador
    unless and until human rights violations declined

197
Salvador was not Nicaragua
  • Some people participated but most did not
  • Repression was more severe and more effective
  • Wood estimates in her case study areas that 60
    did not join the insurrection
  • Nicaraguan percentages were much higher

198
Standoff Neither side won
  • FMLN could not defeat the fortified Salvadoran
    military
  • Salvadoran military likewise could not defeat
    FMLN
  • Economy is absolute shambles
  • The whole point of 14 families (get rich) was
    lost by the devastation of continuous war

199
Standoff
  • Where the rich (through the military) made the
    people afraid for the lives
  • The people made the rich unable to work, unable
    to grow their crops, unable to live in the
    countryside

200
Long-term trajectory
  • This situation appeared poised to endure
    indefinitely
  • Neither side prepared to back away
  • Neither side controlled El Salvador
  • Wood calls this contested sovereignty

201
1992 Peace Accords
  • Definitive intervention of international actors

202
Peace agreement
  • Brokered by United Nations
  • Input from Amnesty International and other human
    rights watch organizations
  • US agreed to peace accords but was not trusted to
    broker accords not an impartial actor

203
Agreement
  • Both sides would stop fighting
  • Elections with participation by FMLN
  • Elections would be repeated and all parties
    allowed to compete
  • Results would be respected

204
Elections long-term
  • First elections victory by right
  • Next elections victory by center
  • 2011 elections first national victory by FMLN
  • Also contested at local level
  • FMLN victory in San Salvador
  • Growing control at local level

205
Collins on El Salvador
  • Agreement NOT to investigate human rights
    violations
  • Agreement NOT to use the judiciary domestically
  • No investigation of the truth
  • No Truth Commission
  • No Trials of Military

206
Salvadoran model Move On
  • Fundamental Basics of Salvadoran situation was to
    ignore what had happened
  • No investigation of military behavior
  • Likewise no investigation of FMLN tactics toward
    population

207
Current situation
  • This situation has not changed
  • Elections gave victory to right at first
  • Then to the Center
  • And now, in 2011, FMLN has won the presidency for
    one term

208
Electoral contest
  • Rotation in power at national level
  • Gradual gain of seats by FMLN in legislature
  • Gradual gain of mayorships in local elections

209
Human rights situation
  • Unchanged across all these electoral contests
  • There has been no Kirchner-style effort to
    re-open the books
  • Even the FMLN in office has not moved on the
    judiciary
  • Peace accords are now 21 years old

210
How late is too late?
  • Is the Salvadoran story over?
  • Can anything be done?
  • If so, what

211
Cath Collins
  • On El Salvador

212
International Actors
  • Lack of initiative from domestic actors
  • Primary power to ARENA
  • FMLN as legitimate actor and political party
  • UN peacekeeping and mediation
  • Then technical assistance

213
PDDH UN Commission on Human Rights
  • Denounce
  • Advise
  • No enforcement capacity similar to role of
    Courts in older democracy

214
1994-97
  • Impunity preserved
  • Clean slate

215
International report
  • Filed with recommendations
  • Absolutely rejected by those in power (ARENA)

216
Fragility of Peace
  • Peace accords seen as fragile
  • Had been achieved upon assumption of no trials
  • This perception continued for many years
  • Was this perception correct?

217
1993 Amnesty Law
  • Passed on year after Peace Accords
  • Right in power
  • FMLN only just gaining toehold as legitimate
    political actor

218
Ford v Garcia
  • One of four cases
  • Came to jury trial
  • Jurors unaware of context and history
  • Defendants found not guilty

219
Networking among HROs
  • Extensive contacts
  • Could potentially act together if domestic
    context changed
  • To date courts have shown no willingness to find
    anyone guilty

220
International perceptions
  • How is Salvador seen in the community of nations?
  • Does the government care about pariah status?
  • ARENA did not
  • Perhaps the FMLN will

221
South Africa
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223
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224
Stop-off en Route to India
  • Cape Town
  • Dutch East India Company
  • First white toe-hold in Africa
  • These Europeans began to settle, in and around
    Cape Town.
  • But they came to stay

225
Generalities
  • Distance to South Africa
  • Frequent flyer miles
  • Stop-offs for gas
  • Apartheid

226
European influence
  • Dutch Afrikaners
  • Afrikans derivative of Dutch
  • British also a major language
  • Multiple African languages

227
The Boers
  • Dutch term for white South African natives
  • Roots in S. Africa reach back more than 400 years
  • They do not consider themselves Europeans
  • Some blacks do not consider them Africans
  • They consider themselves Africans

228
Attitudes towards black South Africans
  • Both groups racist
  • Both wished to lay claim to South Africa
  • Wealth of the territory
  • Differences between two groups
  • Cecil Rhodes

229
The Boer War
  • Won by Britain but aftermath left greater power
    with Afrikaners
  • Some people think this was the beginning of
    apartheid

230
Apartheid
  • Official system of legalized racism
  • Placing the races apart apartheid
  • Gradually became more rigid and brutal
  • Criminal regime vs regime of criminals
  • The Power of One

231
System of Human rights violations
  • Black Africans eventually forced to live outside
    main cities
  • Bus passes to allow domestic travel for blacks
  • Restricted hours
  • Poverty provided low cost service (maids and
    gardeners) for whites

232
British Dutch Tension
  • Brits as slightly more cosmopolitan
  • Afrikaners as more rural people, ranchers, farmers

233
Compare to US South
  • We have been called an unofficial apartheid
    system
  • What would you put here?
  • black codes, restricted travel
  • Jim Crow
  • blacks not counted as full person
  • blacks as property
  • blacks as maids

234
Economic advantages of system
  • Whites lived very nice life-style
  • High level of development in African context
  • Universities and scientific research

235
Social Services for blacks
  • Separate
  • But some services
  • Better health and longer lives
  • Population explosion

236
Economic protest vs greater repression
  • Gradually increasing black South African
    opposition
  • White South Africans responded with repression
  • British descendants largely NOT in political
    control
  • an in-between group
  • a neutral language
  • Hostility, protest, repression in upward spiral

237
Wood on South Africa
  • Protest gradually made economy unviable
  • Comparison with El Salvador
  • Wealthy and middle-class Boers found themselves
    unable to continue to make money
  • African National Congress as protest
    group/revolutionaries
  • Never became a successful revolution

238
1980s international actors
  • US and Europe invested in South Africa
  • International pressure to divest
  • International human rights organizations
  • S Africa as international pariah

239
Downfall of Apartheid
  • 1990 agreement by Boers to allow open elections
  • Agreement by ANC to lay down arms and abandon
    insurrectionary struggle
  • International rejection of South African system
  • International boycott
  • Domestic initiative with strong international
    pressure and support

240
First Elections
  • 1994 several years later
  • First open election in which blacks ran and
    voted
  • Mandela victory
  • Subsequent white victory
  • New ANC victory
  • Disappearance of white party they do not have
    the votes
  • Blacks are vast numerical majority

241
Contemporary system
  • Parliamentary system
  • Problem of the single party
  • Role of Mandela

242
Contemporary problems
  • White flight and declining opportunities for
    whites
  • Low educational level for blacks cannot fill
    white jobs, at least not yet
  • AIDS
  • Crime

243
Context for Human Rights Issues
  • Nature of these crimes
  • economic system
  • actual violent acts (Biko, many others)
  • Soweto repression
  • Domestic actors
  • Some awareness of need to redress past
  • Disagreement over how
  • International actors

244
An extra-institutional justice process
  • Decision NOT to conduct trials through judicial
    system (blacks did not trust that system)
  • Decision to search for truth but also grant
    amnesty
  • Truth-telling by perpetrators would produce
    amnesty
  • Failure to tell the truth could remand offenders
    to trials through legal justice system

245
International Support
  • Extensive attention, support and acclaim abroad
  • International press attention

246
Charge For Truth and reconciliation Commission
  • Find the truth
  • Record what happened
  • Search for forgiveness
  • Telling ones story
  • Make everything public

247
International Example
  • Considerable internal soul searching
  • what happened and what was wrong
  • what should be done
  • social healing
  • retrospection

248
Religious overtones
  • Key role for domestic leadership
  • Mandela as voice for forgiveness
  • Had spent 30 years in jail so he was practicing
    what he advocated
  • Also Desmond Tutu Protestant Bishop
  • advocated forgiveness and path toward
    self-healing and letting go. (Different from
    Menem)

249
This process Worked Sort of
  • In South Africa today you can hardly find anyone
    who says they supported apartheid
  • Transition to majority rule (which is black rule)
    has been remarkably peaceful
  • Nation in movement toward democracy which has
    many problems
  • Vast animosities and large-scale violence have
    not occurred

250
What is left unDone?
  • Economic question
  • TRC largely addressed gross human rights
    violations
  • Did not address the economic system and the
    extent to which blacks may be permanently behind
    whites in skills.
  • This is a class situation and all countries have
    it. It is perhaps worse in South Africa

251
Wilsons perspective
  • Most observers have praised the South African
    result
  • Wilson is a dissenting voice.
  • For that reason we are reading his book

252
Wilson on South Africa
253
TRC emphasized Restorative justiceand social
healing
  • Emphases
  • finding the truth
  • truth over justice
  • telling ones story (among victims)
  • acknowledgement
  • forgiveness if possible
  • forsake revenge

254
Real goal was nation-building
  • With emphasis on modern nation state, civic rule,
    elected government and a multi-racial national
    community
  • Africa is a world of tribes where the national
    state is a foreign concept imposed by Europeans.
    It does not fit in Africa.

255
ANC sacrificed Black interests
  • To gain a nation
  • To gain white support/agreement/inclusion
  • Nation over justice

256
Four years of negotiation
  • White National Party (NP) and the black party
    African National Congress (ANC)
  • Neither side could win (remember the argument of
    Wood)
  • If struggle continued infrastructure would be
    even more damaged than it already was. Nation
    might never rebuild.
  • Why continue to fight?

257
White position
  • We built this nation
  • This is the most advanced and civilized nation in
    all of Africa (and this is true)
  • We built the universities, highways, hospitals,
    park system, agriculture and industry (including
    diamond mines)
  • In black hands this nation would still be a wreck
    like the rest of Africa

258
White Position Continued
  • If not for our organized energy you (blacks)
    would not be inheriting the most advanced nation
    in the continent
  • Moreover, you have us to thank for your own
    health. Without our health care system the black
    population explosion would never have happened
    and we would not be where we are today
  • We will not be endlessly punished for the
    apartheid regime.

259
Apartheid was Wrong
  • We acknowledge now that apartheid was wrong
  • The violence used to maintain the system was
    wrong
  • We are willing to end apartheid and bring blacks
    into government, indeed into control of
    government
  • But we will not submit ourselves to endless
    trials. We agree to end the system. We do not
    agree to be punished for it.

260
White attitudes today
  • Today in South Africa
  • no one supports apartheid
  • no one ever supported apartheid
  • how did this system ever get started if no one
    wanted it?

261
ANC response
  • OK
  • If that is your attitude, we dont like it
  • But we accept it

262
ANC goals
  • Democracy
  • allow national elections
  • allow the ANC as a legal party
  • allow blacks to vote for the ANC
  • allow majority opinion to determine the
    electoral victory (parliamentary system)
  • respect the outcome

Human rights
263
Mandela wanted a national state
  • Controlled by the majority of citizens
  • Respected by the international community
  • Relying upon and using the institutions of state
    used in all democracies

264
Outcome 1994 elections and others
  • TRC w
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