Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.001.0001
- Subject:
- Political Science, Democratization
This book analyses the Uruguayan and Chilean experiences with the transitional politics of truth and justice regarding past human rights violations. These policies are shaped by the legacy of ...
More
This book analyses the Uruguayan and Chilean experiences with the transitional politics of truth and justice regarding past human rights violations. These policies are shaped by the legacy of repressive rule, and the dynamics of the politics of transition and of the balance of power under the new democratic governments peculiar to each country. The issue is central to the politics of transition for ethical, symbolic, practical and political reasons: politically it is the most explosive transitional issue; on a practical level, only official acknowledgement can resolve pending legal questions for survivors and families of victims; ethically, it is hard to generate democratic consensus or social endorsement for social reform without involving principles and ideals that appeal to the underlying values and aspirations of the citizenry. Dealing with legacies of state repression permits the beginning of the process of ‘deconstruction of cultures of fear’ without which democratization cannot occur. This is not only desirable and necessary; some kind of truth telling policy has proved to be both required and feasible in a wide range of contemporary regime transitions. However, justice is not always possible: limitations on prosecutions are more self-imposed than 'structural', more political than institutional, and clearly there is a tension between the conditions necessary to ensure accountability and those that govern periods of transition. Unconsolidated democracies are not able to practise the politics of a consolidated democracy; the politics of consolidated democracies includes the capacity to call the powerful to account. This is perhaps the yardstick with which to measure consolidation. Instead of practising the politics of consolidated democracy, what these countries have to engage in is the politics of democratic consolidation. Although truth and justice policies may remain relevant after the transition and 'leak into' the politics of democratization, (where they can continue to be a source of conflict in the judicial system and of latent or overt painful and deep-seated social animosities), the resolution of the issue in the formal political arena can and does make it marginal in terms of day-to-day politics. Consolidation depends more crucially on the reform of key institutions that permitted abuse and impunity: the thorough reform of the judiciary and of the forces of repression. If a government does not undertake a proper reform of the institutions that made abuse and impunity possible, the democracy it presides over will be lame and incomplete.Less
This book analyses the Uruguayan and Chilean experiences with the transitional politics of truth and justice regarding past human rights violations. These policies are shaped by the legacy of repressive rule, and the dynamics of the politics of transition and of the balance of power under the new democratic governments peculiar to each country. The issue is central to the politics of transition for ethical, symbolic, practical and political reasons: politically it is the most explosive transitional issue; on a practical level, only official acknowledgement can resolve pending legal questions for survivors and families of victims; ethically, it is hard to generate democratic consensus or social endorsement for social reform without involving principles and ideals that appeal to the underlying values and aspirations of the citizenry. Dealing with legacies of state repression permits the beginning of the process of ‘deconstruction of cultures of fear’ without which democratization cannot occur. This is not only desirable and necessary; some kind of truth telling policy has proved to be both required and feasible in a wide range of contemporary regime transitions. However, justice is not always possible: limitations on prosecutions are more self-imposed than 'structural', more political than institutional, and clearly there is a tension between the conditions necessary to ensure accountability and those that govern periods of transition. Unconsolidated democracies are not able to practise the politics of a consolidated democracy; the politics of consolidated democracies includes the capacity to call the powerful to account. This is perhaps the yardstick with which to measure consolidation. Instead of practising the politics of consolidated democracy, what these countries have to engage in is the politics of democratic consolidation. Although truth and justice policies may remain relevant after the transition and 'leak into' the politics of democratization, (where they can continue to be a source of conflict in the judicial system and of latent or overt painful and deep-seated social animosities), the resolution of the issue in the formal political arena can and does make it marginal in terms of day-to-day politics. Consolidation depends more crucially on the reform of key institutions that permitted abuse and impunity: the thorough reform of the judiciary and of the forces of repression. If a government does not undertake a proper reform of the institutions that made abuse and impunity possible, the democracy it presides over will be lame and incomplete.
Alexandra Barahona de Brito
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.003.0005
- Subject:
- Political Science, Democratization
This chapter examines how Argentina, Brazil, Uruguay and Chile fared with truth and justice policies after the transition from authoritarian rule, looking at the issue from an institutional and ...
More
This chapter examines how Argentina, Brazil, Uruguay and Chile fared with truth and justice policies after the transition from authoritarian rule, looking at the issue from an institutional and political angle, and at the social politics of memory. Efforts to deal with the past and their significance in the overall politics of transition to democracy are shaped by country-specific historical conditions and developments: the nature and legacies of repression and authoritarian rule; and the nature of the transition process and the various political, institutional and legal factors conditioning the post-transitional period, among which are the nature of repression, the presence and strength of a human rights movement, inherited legal or constitutional limitations, relations between political parties and Human Rights Organizations (HROs), the degree of executive or party commitment to policies of truth and justice, the unity of democratic parties, the ability of the military to mobilise against any policies of accountability as well as their relations with the democratic executive, the attitude of the judiciary to past violations, the presence of a strong legislative right, and the degree to which repression penetrated the social fabric. The way in which the first democratically elected authorities deal with the past, together with the relative strength of the human rights movement in the post-transitional period, sets the agenda for the subsequent evolution of the issue; more specifically, the past remains a source of open conflict if there are loopholes in official policies that preclude full closure or amnesty, and if transnational groups or regional and international human rights bodies challenge national policies favouring impunity. The past also remains a source of conflict if there are strong HROs that continue to contest official decisions on how to deal with the past, and have allies in the formal political arena or the courts. Official policies to deal with the past are not of themselves directly relevant to the process of democratisation, and what is more, during the first transitional period, truth and justice policies are unrelated to (or may even place obstacles in the way of) wider institutional reform; the reverse is also true, but whatever the case, the past becomes part of the dynamic of democratic politics. Indeed, although the continued pursuit of truth and justice and its links to wider reforms may be difficult to establish across the board, the politics of memory more widely conceived are important for a process of democratization in all four countries examined here, as it is about how a society interprets and appropriates its past, in an attempt to mould its future, and as such it is an integral part of any political process, including progress towards deeper democracy.Less
This chapter examines how Argentina, Brazil, Uruguay and Chile fared with truth and justice policies after the transition from authoritarian rule, looking at the issue from an institutional and political angle, and at the social politics of memory. Efforts to deal with the past and their significance in the overall politics of transition to democracy are shaped by country-specific historical conditions and developments: the nature and legacies of repression and authoritarian rule; and the nature of the transition process and the various political, institutional and legal factors conditioning the post-transitional period, among which are the nature of repression, the presence and strength of a human rights movement, inherited legal or constitutional limitations, relations between political parties and Human Rights Organizations (HROs), the degree of executive or party commitment to policies of truth and justice, the unity of democratic parties, the ability of the military to mobilise against any policies of accountability as well as their relations with the democratic executive, the attitude of the judiciary to past violations, the presence of a strong legislative right, and the degree to which repression penetrated the social fabric. The way in which the first democratically elected authorities deal with the past, together with the relative strength of the human rights movement in the post-transitional period, sets the agenda for the subsequent evolution of the issue; more specifically, the past remains a source of open conflict if there are loopholes in official policies that preclude full closure or amnesty, and if transnational groups or regional and international human rights bodies challenge national policies favouring impunity. The past also remains a source of conflict if there are strong HROs that continue to contest official decisions on how to deal with the past, and have allies in the formal political arena or the courts. Official policies to deal with the past are not of themselves directly relevant to the process of democratisation, and what is more, during the first transitional period, truth and justice policies are unrelated to (or may even place obstacles in the way of) wider institutional reform; the reverse is also true, but whatever the case, the past becomes part of the dynamic of democratic politics. Indeed, although the continued pursuit of truth and justice and its links to wider reforms may be difficult to establish across the board, the politics of memory more widely conceived are important for a process of democratization in all four countries examined here, as it is about how a society interprets and appropriates its past, in an attempt to mould its future, and as such it is an integral part of any political process, including progress towards deeper democracy.
Kathryn Sikkink
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199243754
- eISBN:
- 9780191600333
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199243751.003.0004
- Subject:
- Political Science, Democratization
The history of US human rights policy in Latin America provides useful case studies of the interplay between ‘control’ and ‘consent’ aspects of democratization. It presents a preliminary analysis of ...
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The history of US human rights policy in Latin America provides useful case studies of the interplay between ‘control’ and ‘consent’ aspects of democratization. It presents a preliminary analysis of the influence of US human rights policy on human rights practices and democratization in Argentina, Guatemala, and Uruguay in the 1970s and early 1980s, focusing primarily on the Carter period. In each of these cases, the US policy attempted to influence the domestic human rights situation by linking the improvement of human rights practices to the provision of military or economic aid. But, the nature of the pressures applied and the responses thereto were quite different in the three countries, reflecting the importance of ‘consent’ issues, determined by the state of democratic transition achieved within the country concerned, in modifying the effects of ‘control’ pressures.Less
The history of US human rights policy in Latin America provides useful case studies of the interplay between ‘control’ and ‘consent’ aspects of democratization. It presents a preliminary analysis of the influence of US human rights policy on human rights practices and democratization in Argentina, Guatemala, and Uruguay in the 1970s and early 1980s, focusing primarily on the Carter period. In each of these cases, the US policy attempted to influence the domestic human rights situation by linking the improvement of human rights practices to the provision of military or economic aid. But, the nature of the pressures applied and the responses thereto were quite different in the three countries, reflecting the importance of ‘consent’ issues, determined by the state of democratic transition achieved within the country concerned, in modifying the effects of ‘control’ pressures.
Peter Winn and Lilia Ferro‐Clérico
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198781837
- eISBN:
- 9780191598968
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198781830.003.0018
- Subject:
- Political Science, Democratization
A newly reconstructed left movement within the Frente Amplio coalition took power in Montevideo, Uruguay in 1990 under the charismatic leadership of Tabaré Vázquez. It carried out extensive ...
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A newly reconstructed left movement within the Frente Amplio coalition took power in Montevideo, Uruguay in 1990 under the charismatic leadership of Tabaré Vázquez. It carried out extensive programmes working with the poor, including street vendors, garbage collectors, and squatters. It also initiated a programme of administrative deconcentration and political decentralization. These steps showed strength and new thinking for the left, breaking with both the socialists and the welfare state orientation characteristics of Uruguay known as ‘battlismo’. But the programme ran into obstacles. Some of these were from neo‐liberal conservatives, but others were from the older members of the leftist parties that made up the Frente. The article ends with an analysis of the various possible lessons for the left that this experience presents.Less
A newly reconstructed left movement within the Frente Amplio coalition took power in Montevideo, Uruguay in 1990 under the charismatic leadership of Tabaré Vázquez. It carried out extensive programmes working with the poor, including street vendors, garbage collectors, and squatters. It also initiated a programme of administrative deconcentration and political decentralization. These steps showed strength and new thinking for the left, breaking with both the socialists and the welfare state orientation characteristics of Uruguay known as ‘battlismo’. But the programme ran into obstacles. Some of these were from neo‐liberal conservatives, but others were from the older members of the leftist parties that made up the Frente. The article ends with an analysis of the various possible lessons for the left that this experience presents.
Gautam Sen
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198295518
- eISBN:
- 9780191599217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295510.003.0004
- Subject:
- Political Science, International Relations and Politics
The first section of this chapter examines the political and economic context of change in developing countries: the two themes are the evolution of the international economy, especially since the ...
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The first section of this chapter examines the political and economic context of change in developing countries: the two themes are the evolution of the international economy, especially since the 1970s, and the political impact of the ending of the cold war. The next section addresses the key issues of liberalization and globalization, which preceded the end of the cold war but are now influenced by that event. The next section identifies the deepening of liberalization and globalization, and the phenomenon of regional integration and asymmetric competition between developed and developing countries. A more detailed discussion of two important expressions of liberalization and globalization follows, in the context of the political implications for developing countries: these are the importance of structural adjustment programmes for the advance of the new market forms and their associated ideology, and the GATT Uruguay Round of trade negotiations. The two final sections of the chapter evaluate the use of political power by developed countries to achieve economic ends, and a concluding section assesses the possible future pattern of interaction between developed and developing countries.Less
The first section of this chapter examines the political and economic context of change in developing countries: the two themes are the evolution of the international economy, especially since the 1970s, and the political impact of the ending of the cold war. The next section addresses the key issues of liberalization and globalization, which preceded the end of the cold war but are now influenced by that event. The next section identifies the deepening of liberalization and globalization, and the phenomenon of regional integration and asymmetric competition between developed and developing countries. A more detailed discussion of two important expressions of liberalization and globalization follows, in the context of the political implications for developing countries: these are the importance of structural adjustment programmes for the advance of the new market forms and their associated ideology, and the GATT Uruguay Round of trade negotiations. The two final sections of the chapter evaluate the use of political power by developed countries to achieve economic ends, and a concluding section assesses the possible future pattern of interaction between developed and developing countries.
Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.003.0001
- Subject:
- Political Science, Democratization
Introduction is given to the subject (and structure) of the book: the analysis of Uruguayan and Chilean attempts to resolve the human rights’ violation conflicts inherited from military-state ...
More
Introduction is given to the subject (and structure) of the book: the analysis of Uruguayan and Chilean attempts to resolve the human rights’ violation conflicts inherited from military-state repression, focusing on how the post-transitional democratic governments handled social demands for an official recognition of the truth about human rights’ violations committed by the outgoing military regimes, and for the punishment of those guilty of committing and ordering those violations. The aim of the book is to shed light on the political conditions that permitted, or inhibited, the realization of policies of truth-telling and justice under these successor regimes. The objective is not to moralize politics or to politicize ethics, but rather to examine how far truth and justice can be realized in restricted political conditions. Four arguments are put forward: the first is that a policy that provides for ‘total truth’ and justice is impossible; the second is that the nature of success or failure of truth and justice policies is determined by the particular national political conditions and the institutional, constitutional and political limitations operating during the transitional period and under the successor democratic regimes; the third is that accountability for past abuses or backward-looking policies that deal with the legacy of a previous regime is not, of itself, necessary or able to consolidate democracy, although it may go a long way towards initiating that process; and the fourth is that reliance on a purely instrumental logic would be insufficient justification for policies of accountability. The book is organized chronologically, and is arranged in four parts: Problems of Transitional Truth and Justice in Comparative Perspective, and Human Rights’ Violations under Military Rule in Uruguay and Chile; Truth and Justice in Transition; Truth and Justice under Successor Democratic Regimes; and Assessing Truth and Justice in Uruguay and Chile: The Road to Democratic Consolidation. The bulk of the research is based on numerous interviews carried out in Uruguay and Chile between April and September 1991. In addition, the major newspapers in each country were systematically surveyed (for Uruguay 1983-87, plus selected press articles for 1980-83 and 1987-89; for Chile 1988-96), relevant debates in the Chamber of Deputies and the Senate in both countries were reviewed, and major political and legal periodicals from both countries and from the USA were surveyed on relevant issues.Less
Introduction is given to the subject (and structure) of the book: the analysis of Uruguayan and Chilean attempts to resolve the human rights’ violation conflicts inherited from military-state repression, focusing on how the post-transitional democratic governments handled social demands for an official recognition of the truth about human rights’ violations committed by the outgoing military regimes, and for the punishment of those guilty of committing and ordering those violations. The aim of the book is to shed light on the political conditions that permitted, or inhibited, the realization of policies of truth-telling and justice under these successor regimes. The objective is not to moralize politics or to politicize ethics, but rather to examine how far truth and justice can be realized in restricted political conditions. Four arguments are put forward: the first is that a policy that provides for ‘total truth’ and justice is impossible; the second is that the nature of success or failure of truth and justice policies is determined by the particular national political conditions and the institutional, constitutional and political limitations operating during the transitional period and under the successor democratic regimes; the third is that accountability for past abuses or backward-looking policies that deal with the legacy of a previous regime is not, of itself, necessary or able to consolidate democracy, although it may go a long way towards initiating that process; and the fourth is that reliance on a purely instrumental logic would be insufficient justification for policies of accountability. The book is organized chronologically, and is arranged in four parts: Problems of Transitional Truth and Justice in Comparative Perspective, and Human Rights’ Violations under Military Rule in Uruguay and Chile; Truth and Justice in Transition; Truth and Justice under Successor Democratic Regimes; and Assessing Truth and Justice in Uruguay and Chile: The Road to Democratic Consolidation. The bulk of the research is based on numerous interviews carried out in Uruguay and Chile between April and September 1991. In addition, the major newspapers in each country were systematically surveyed (for Uruguay 1983-87, plus selected press articles for 1980-83 and 1987-89; for Chile 1988-96), relevant debates in the Chamber of Deputies and the Senate in both countries were reviewed, and major political and legal periodicals from both countries and from the USA were surveyed on relevant issues.
Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.003.0002
- Subject:
- Political Science, Democratization
This is the first of two ‘stage-setting’ chapters in Part I of the book (Problems of Transitional Truth and Justice in Comparative Perspective, and Human Rights’ Violations under Military rule in ...
More
This is the first of two ‘stage-setting’ chapters in Part I of the book (Problems of Transitional Truth and Justice in Comparative Perspective, and Human Rights’ Violations under Military rule in Uruguay and Chile). It places the Uruguayan and Chilean cases in a wider context by examining various experiences of truth and justice for past abuses in Latin America and elsewhere. After an introduction, the chapter has two main sections. The first, Truth and Justice in Transitional Periods: An Overview, looks at the cases of France, Germany and Japan at the end of World War II, the collapse of the Salazarismo in Portugal in 1974, the collapse of the Somocismo in Nicaragua in 1979, the collapses of the communist regimes of Eastern Europe (Czechoslovakia, Bulgaria, Poland, Romania), and the cases of the former Yugoslavia, Bolivia, Spain, the Philippines, Namibia, Uganda, Ethiopia, Sri Lanka, Rwanda, El Salvador, Guatemala, Honduras, Argentina, Greece, Paraguay, South Africa. The second section of the chapter, Semi-Restricted, Peaceful Transitions to Democratic Rule: The Cases of Uruguay and Chile, introduces democratization in Uruguay and Chile.Less
This is the first of two ‘stage-setting’ chapters in Part I of the book (Problems of Transitional Truth and Justice in Comparative Perspective, and Human Rights’ Violations under Military rule in Uruguay and Chile). It places the Uruguayan and Chilean cases in a wider context by examining various experiences of truth and justice for past abuses in Latin America and elsewhere. After an introduction, the chapter has two main sections. The first, Truth and Justice in Transitional Periods: An Overview, looks at the cases of France, Germany and Japan at the end of World War II, the collapse of the Salazarismo in Portugal in 1974, the collapse of the Somocismo in Nicaragua in 1979, the collapses of the communist regimes of Eastern Europe (Czechoslovakia, Bulgaria, Poland, Romania), and the cases of the former Yugoslavia, Bolivia, Spain, the Philippines, Namibia, Uganda, Ethiopia, Sri Lanka, Rwanda, El Salvador, Guatemala, Honduras, Argentina, Greece, Paraguay, South Africa. The second section of the chapter, Semi-Restricted, Peaceful Transitions to Democratic Rule: The Cases of Uruguay and Chile, introduces democratization in Uruguay and Chile.
Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.003.0003
- Subject:
- Political Science, Democratization
A comparative examination is made of the breakdown of democratic rule, the repression, and the justification for the methods used by the military in Uruguay and Chile. The description of the nature ...
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A comparative examination is made of the breakdown of democratic rule, the repression, and the justification for the methods used by the military in Uruguay and Chile. The description of the nature of the repressive legacy faced by democratizing elites allows an understanding of how the latter shaped the demands of the victims and created different needs and problems for the designing and implementation of legacy policies. The analysis of the military’s attitude towards the human rights issue and the nature and reasons for military resistance to truth and justice during the transitions and beyond, permits an understanding of the political and ideological dynamics of the struggle between the armed forces and the civilian elites attempting to implement such policies.Less
A comparative examination is made of the breakdown of democratic rule, the repression, and the justification for the methods used by the military in Uruguay and Chile. The description of the nature of the repressive legacy faced by democratizing elites allows an understanding of how the latter shaped the demands of the victims and created different needs and problems for the designing and implementation of legacy policies. The analysis of the military’s attitude towards the human rights issue and the nature and reasons for military resistance to truth and justice during the transitions and beyond, permits an understanding of the political and ideological dynamics of the struggle between the armed forces and the civilian elites attempting to implement such policies.
Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.003.0004
- Subject:
- Political Science, Democratization
In this first chapter of Part II of the book (Truth and Justice in Transition), an examination is made of how the issues of truth and justice evolved in the transitional period (1980–85) in Uruguay. ...
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In this first chapter of Part II of the book (Truth and Justice in Transition), an examination is made of how the issues of truth and justice evolved in the transitional period (1980–85) in Uruguay. The aim of this chapter (and the following one which examines the same issues in Chile) is to show how the political nature and dynamics of the transition and negotiations shaped the ability of the political elite to pursue truth and justice in the democratic period, since the transitional period is seen to represent a critical juncture during which the stage is often set for what comes in the democratic period. The different sections of the chapter are: Human Rights in the Transition Process: ‘Una Salida Mentirosa’; Accounting for the Problems with Truth and Justice; and Setting the Stage for Conflict: Infortunios de la Excesiva Sensatez – in the post-transition democratic period.Less
In this first chapter of Part II of the book (Truth and Justice in Transition), an examination is made of how the issues of truth and justice evolved in the transitional period (1980–85) in Uruguay. The aim of this chapter (and the following one which examines the same issues in Chile) is to show how the political nature and dynamics of the transition and negotiations shaped the ability of the political elite to pursue truth and justice in the democratic period, since the transitional period is seen to represent a critical juncture during which the stage is often set for what comes in the democratic period. The different sections of the chapter are: Human Rights in the Transition Process: ‘Una Salida Mentirosa’; Accounting for the Problems with Truth and Justice; and Setting the Stage for Conflict: Infortunios de la Excesiva Sensatez – in the post-transition democratic period.
Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.003.0006
- Subject:
- Political Science, Democratization
In this first chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic ...
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In this first chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic rule from 1985 to 1989 in Uruguay. The different sections of the chapter are: Introduction; The Release of Political Prisoners: The Emblem of Democratic Restoration (March 1985); The Long and Winding Road to Amnesty (Jurisdictional Conflict, Government Stalling, and a Joint Opposition Human Rights’ Proposal; Open Confrontation with the Judiciary and the First Colorado Amnesty Project; Explaining the Government’s Attitude: The Voice of the Deliberating Soldier; The Blanco’s Last Stand; The Re-Constitution of the Traditional Bi-Partisan Alliance: The Blanco Impunity Law, November 1986–December 1986; Civil Society Responds: The Nunca Mas Report and the Referendum Campaign); and Conclusions.Less
In this first chapter of Part III of the book (Truth and Justice under Successor Democratic Regimes), an examination is made of how the issues of truth and justice were dealt with under democratic rule from 1985 to 1989 in Uruguay. The different sections of the chapter are: Introduction; The Release of Political Prisoners: The Emblem of Democratic Restoration (March 1985); The Long and Winding Road to Amnesty (Jurisdictional Conflict, Government Stalling, and a Joint Opposition Human Rights’ Proposal; Open Confrontation with the Judiciary and the First Colorado Amnesty Project; Explaining the Government’s Attitude: The Voice of the Deliberating Soldier; The Blanco’s Last Stand; The Re-Constitution of the Traditional Bi-Partisan Alliance: The Blanco Impunity Law, November 1986–December 1986; Civil Society Responds: The Nunca Mas Report and the Referendum Campaign); and Conclusions.
Alexandra Barahona de Brito
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198280385
- eISBN:
- 9780191598852
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280386.003.0008
- Subject:
- Political Science, Democratization
This chapter and the Conclusion to the book form Part IV (Assessing Truth and Justice in Uruguay and Chile: The Road to Democratic Consolidation?). The chapter is divided into two sections: the first ...
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This chapter and the Conclusion to the book form Part IV (Assessing Truth and Justice in Uruguay and Chile: The Road to Democratic Consolidation?). The chapter is divided into two sections: the first assesses the two countries comparatively in the light of the preceding empirical studies, and the second assesses them in the light of an ‘ideal’ human rights’ policy. The underlying question in this analysis is whether everything possible was done after taking the political situation into account.Less
This chapter and the Conclusion to the book form Part IV (Assessing Truth and Justice in Uruguay and Chile: The Road to Democratic Consolidation?). The chapter is divided into two sections: the first assesses the two countries comparatively in the light of the preceding empirical studies, and the second assesses them in the light of an ‘ideal’ human rights’ policy. The underlying question in this analysis is whether everything possible was done after taking the political situation into account.
Carsten Daugbjerg and Alan Swinbank
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199557752
- eISBN:
- 9780191721922
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557752.001.0001
- Subject:
- Political Science, Comparative Politics
Agriculture has a small, and declining, importance in employment and income generation within the EU, but a political importance well beyond its economic impact. The EU's common agricultural policy ...
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Agriculture has a small, and declining, importance in employment and income generation within the EU, but a political importance well beyond its economic impact. The EU's common agricultural policy (CAP) has often been the source of conflict between the EU and its trade partners within first the GATT, and then the WTO. In the Doha Round agriculture was again a sticking point, resulting in setbacks and delays. The position of the EU is pivotal. Due to the comparatively limited competitiveness of the EU's agricultural sector, and the EU's institutionally constrained ability to undertake CAP reform, the CAP sets limits for agricultural trade liberalization blocking progress across the full compass of the WTO agenda. Therefore, the farm trade negotiation, with the CAP at its core, is the key to understanding the dynamics of trade rounds in the WTO. The book, written by a political scientist and an agricultural economist, applies the theory on ideas to explain how the agricultural sector came to be included in the Single Undertaking that resulted in the Uruguay Round agreements, and how this led to a dynamic interplay between CAP reform and the possibility of further agricultural trade liberalization within the WTO, thereby providing useful insights into international trade relations.Less
Agriculture has a small, and declining, importance in employment and income generation within the EU, but a political importance well beyond its economic impact. The EU's common agricultural policy (CAP) has often been the source of conflict between the EU and its trade partners within first the GATT, and then the WTO. In the Doha Round agriculture was again a sticking point, resulting in setbacks and delays. The position of the EU is pivotal. Due to the comparatively limited competitiveness of the EU's agricultural sector, and the EU's institutionally constrained ability to undertake CAP reform, the CAP sets limits for agricultural trade liberalization blocking progress across the full compass of the WTO agenda. Therefore, the farm trade negotiation, with the CAP at its core, is the key to understanding the dynamics of trade rounds in the WTO. The book, written by a political scientist and an agricultural economist, applies the theory on ideas to explain how the agricultural sector came to be included in the Single Undertaking that resulted in the Uruguay Round agreements, and how this led to a dynamic interplay between CAP reform and the possibility of further agricultural trade liberalization within the WTO, thereby providing useful insights into international trade relations.
Carsten Daugbjerg and Alan Swinbank
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199557752
- eISBN:
- 9780191721922
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557752.003.0003
- Subject:
- Political Science, Comparative Politics
Chapter 3 begins by accounting for the roots of agricultural exceptionalism in the GATT, and shows how it was spelt out in GATT trade rules. The remainder of the chapter examines the specific ...
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Chapter 3 begins by accounting for the roots of agricultural exceptionalism in the GATT, and shows how it was spelt out in GATT trade rules. The remainder of the chapter examines the specific provisions of the Uruguay Round Agreement on Agriculture (URAA), demonstrating the erosion of agricultural exceptionalism in comparison to the ‘old’ GATT provisions, but also showing how the URAA allowed WTO member states considerable leeway to maintain high levels of agricultural support and protection. It details the three pillars of the URAA: market access and tariffication; domestic support with its green, blue, and amber boxes; and constraints on export subsidies.Less
Chapter 3 begins by accounting for the roots of agricultural exceptionalism in the GATT, and shows how it was spelt out in GATT trade rules. The remainder of the chapter examines the specific provisions of the Uruguay Round Agreement on Agriculture (URAA), demonstrating the erosion of agricultural exceptionalism in comparison to the ‘old’ GATT provisions, but also showing how the URAA allowed WTO member states considerable leeway to maintain high levels of agricultural support and protection. It details the three pillars of the URAA: market access and tariffication; domestic support with its green, blue, and amber boxes; and constraints on export subsidies.
Carsten Daugbjerg and Alan Swinbank
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199557752
- eISBN:
- 9780191721922
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557752.003.0004
- Subject:
- Political Science, Comparative Politics
Chapter 4 begins with an account of the most important reasons explaining why agricultural exceptionalism was sustained for almost half a century within the GATT, and then concentrates on identifying ...
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Chapter 4 begins with an account of the most important reasons explaining why agricultural exceptionalism was sustained for almost half a century within the GATT, and then concentrates on identifying and examining the factors bringing about change showing how agricultural exceptionalism was eroded in the Uruguay Round. From the early 1960s, the United States had attempted to align trade rules for farm products with those for other industries, but unsuccessfully; and it was not until the Uruguay Round, negotiated and implemented as a Single Undertaking, and under pressure from the United States and the Cairns Group, that trading partners were able to agree a new trade regime for agriculture. The United States and the EU withdrew from GATT 1947, and created the new WTO.Less
Chapter 4 begins with an account of the most important reasons explaining why agricultural exceptionalism was sustained for almost half a century within the GATT, and then concentrates on identifying and examining the factors bringing about change showing how agricultural exceptionalism was eroded in the Uruguay Round. From the early 1960s, the United States had attempted to align trade rules for farm products with those for other industries, but unsuccessfully; and it was not until the Uruguay Round, negotiated and implemented as a Single Undertaking, and under pressure from the United States and the Cairns Group, that trading partners were able to agree a new trade regime for agriculture. The United States and the EU withdrew from GATT 1947, and created the new WTO.
Carsten Daugbjerg and Alan Swinbank
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199557752
- eISBN:
- 9780191721922
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557752.003.0007
- Subject:
- Political Science, Comparative Politics
Chapter 7 shows how CAP reform, whilst driven by WTO concerns, feeds back into the WTO negotiations, setting limits to what can be agreed, but also providing enhanced opportunities for agreement. ...
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Chapter 7 shows how CAP reform, whilst driven by WTO concerns, feeds back into the WTO negotiations, setting limits to what can be agreed, but also providing enhanced opportunities for agreement. From being defensive within the ‘old’ GATT, attempting to limit the damage that an agricultural agreement could cause to the CAP, the EU became more offensive in its relationship with the WTO. The EU's initial negotiating offer on agriculture in the Uruguay Round was very limited, reflecting its defence of the CAP, but the breakdown of the negotiations in December 1990 convinced EU decision-makers that the CAP had to change, allowing the EU and the United States to agree the Blair House accord. In the run-up to the Doha Development Agenda (Doha Round) the EU tried to establish multifunctionality as one of its non-trade concerns, but without success. In the Doha Round, it was much better placed to mount an offensive negotiation because the Fischler reforms had switched blue box payments into the green box.Less
Chapter 7 shows how CAP reform, whilst driven by WTO concerns, feeds back into the WTO negotiations, setting limits to what can be agreed, but also providing enhanced opportunities for agreement. From being defensive within the ‘old’ GATT, attempting to limit the damage that an agricultural agreement could cause to the CAP, the EU became more offensive in its relationship with the WTO. The EU's initial negotiating offer on agriculture in the Uruguay Round was very limited, reflecting its defence of the CAP, but the breakdown of the negotiations in December 1990 convinced EU decision-makers that the CAP had to change, allowing the EU and the United States to agree the Blair House accord. In the run-up to the Doha Development Agenda (Doha Round) the EU tried to establish multifunctionality as one of its non-trade concerns, but without success. In the Doha Round, it was much better placed to mount an offensive negotiation because the Fischler reforms had switched blue box payments into the green box.
Anne-Emanuelle Birn
- Published in print:
- 2012
- Published Online:
- January 2014
- ISBN:
- 9780197265314
- eISBN:
- 9780191760402
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265314.003.0017
- Subject:
- History, World Modern History
In 1934 the Uruguayan legislature passed a ‘Children's Code’, perhaps the first national code explicitly to stipulate that ‘every child has a right to know who are his parents’. This chapter explores ...
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In 1934 the Uruguayan legislature passed a ‘Children's Code’, perhaps the first national code explicitly to stipulate that ‘every child has a right to know who are his parents’. This chapter explores the historical context for Uruguay's Children's Code, showing how the late nineteenth-century establishment of civil registration was intertwined with child health monitoring and corresponding public policies and institutions as part of a burgeoning welfare state. It draws out the interaction of these domestic approaches with international debates and practices, demonstrating the role played in these developments by Uruguayan public health's established international reputation, recognized by the League of Nations as the leading Latin American advocate of infant and child health improvement. It also examines how the innovative 1934 code and its associated identity registration features were implemented domestically as an integral part of a fully functioning government child welfare programme, and how Uruguay's approach was diffused internationally.Less
In 1934 the Uruguayan legislature passed a ‘Children's Code’, perhaps the first national code explicitly to stipulate that ‘every child has a right to know who are his parents’. This chapter explores the historical context for Uruguay's Children's Code, showing how the late nineteenth-century establishment of civil registration was intertwined with child health monitoring and corresponding public policies and institutions as part of a burgeoning welfare state. It draws out the interaction of these domestic approaches with international debates and practices, demonstrating the role played in these developments by Uruguayan public health's established international reputation, recognized by the League of Nations as the leading Latin American advocate of infant and child health improvement. It also examines how the innovative 1934 code and its associated identity registration features were implemented domestically as an integral part of a fully functioning government child welfare programme, and how Uruguay's approach was diffused internationally.
José López Mazz
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780719097560
- eISBN:
- 9781526104441
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719097560.003.0004
- Subject:
- Anthropology, Anthropology, Global
“Operation Carrot” was devised and executed by the Uruguayan military at the time of the country’s return to democracy, between 1983 and 1985. The objective of this secret operation was to exhume all ...
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“Operation Carrot” was devised and executed by the Uruguayan military at the time of the country’s return to democracy, between 1983 and 1985. The objective of this secret operation was to exhume all the bodies of disappeared prisoners who had been murdered during the dictatorship, in order either to destroy them or make them disappear permanently. This chapter discusses the tools and methodological processes that allow us to physically identify and then interpret these types of actions, which are often extremely hard to detect, given that they are part of an intentional and systematic attempt by the killers to conceal their past deeds. However, we also seek to develop a better understanding of violence within Uruguayan social and political life: for, while the country’s dictatorship only lasted around ten years (between 1973 and 1984), political violence had already begun in the 1960s in the context of social conflicts surrounding land ownership, wages, and civil rights. It is, we argue, precisely because political violence is deeply rooted in Latin America that we must, in order to analyze it, adopt an integrated historical and anthropological approach which also draws on the more specialised disciplines of archaeology and forensic science.Less
“Operation Carrot” was devised and executed by the Uruguayan military at the time of the country’s return to democracy, between 1983 and 1985. The objective of this secret operation was to exhume all the bodies of disappeared prisoners who had been murdered during the dictatorship, in order either to destroy them or make them disappear permanently. This chapter discusses the tools and methodological processes that allow us to physically identify and then interpret these types of actions, which are often extremely hard to detect, given that they are part of an intentional and systematic attempt by the killers to conceal their past deeds. However, we also seek to develop a better understanding of violence within Uruguayan social and political life: for, while the country’s dictatorship only lasted around ten years (between 1973 and 1984), political violence had already begun in the 1960s in the context of social conflicts surrounding land ownership, wages, and civil rights. It is, we argue, precisely because political violence is deeply rooted in Latin America that we must, in order to analyze it, adopt an integrated historical and anthropological approach which also draws on the more specialised disciplines of archaeology and forensic science.
Michela Coletta
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781786941312
- eISBN:
- 9781789629040
- Item type:
- book
- Publisher:
- Liverpool University Press
- DOI:
- 10.3828/liverpool/9781786941312.001.0001
- Subject:
- History, Latin American History
How did Latin Americans represent their own countries as modern? By treating modernity as a ubiquitous category in which ideas of progress and decadence are far from being mutually exclusive, this ...
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How did Latin Americans represent their own countries as modern? By treating modernity as a ubiquitous category in which ideas of progress and decadence are far from being mutually exclusive, this book explores how different groups of intellectuals, between the late nineteenth and the early twentieth century, drew from European sociological and medical theories to produce a series of cultural representations based on notions of degeneration. Through a comparative analysis of three country case studies − Argentina, Uruguay and Chile − the book investigates four themes that were central to definitions of Latin American modernity at the turn of the century: race and the nation, the search for the autochthonous, education, and aesthetic values. It takes a transnational approach to show how civilisational constructs were adopted and adapted in a postcolonial context where cultural modernism foreshadowed economic modernisation. In doing this, this work sheds new light on the complex discursive negotiations through which the idea of ‘Latin America’ became gradually established in the region.Less
How did Latin Americans represent their own countries as modern? By treating modernity as a ubiquitous category in which ideas of progress and decadence are far from being mutually exclusive, this book explores how different groups of intellectuals, between the late nineteenth and the early twentieth century, drew from European sociological and medical theories to produce a series of cultural representations based on notions of degeneration. Through a comparative analysis of three country case studies − Argentina, Uruguay and Chile − the book investigates four themes that were central to definitions of Latin American modernity at the turn of the century: race and the nation, the search for the autochthonous, education, and aesthetic values. It takes a transnational approach to show how civilisational constructs were adopted and adapted in a postcolonial context where cultural modernism foreshadowed economic modernisation. In doing this, this work sheds new light on the complex discursive negotiations through which the idea of ‘Latin America’ became gradually established in the region.
Arlindo Cunha and Alan Swinbank
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199591572
- eISBN:
- 9780191725579
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199591572.001.0001
- Subject:
- Political Science, European Union, International Relations and Politics
From the outset, the European Union's common agricultural policy (CAP) was subject to scathingly criticism. Despite this, no substantial reform was undertaken until 1992. Then, in little more than a ...
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From the outset, the European Union's common agricultural policy (CAP) was subject to scathingly criticism. Despite this, no substantial reform was undertaken until 1992. Then, in little more than a decade, from 1992 to 2003, the CAP experienced three significant reforms: the 1992 MacSharry Reform, the 1999 Agenda 2000 Reform, and the 2003 Fischler Reform, profoundly changing its original design. The objective of the book is to contribute to a better understanding of this process of EU decision-making and policy reform. After thirty years of policy stasis, what unlocked policy reform, how was the process managed, and why did it not achieve all of the stated objectives? The text focuses on the role of the Commission and the Commissioner for Agriculture, the Council of Ministers and its Presidency, and the European Parliament. It adopts a heuristic political economy approach, drawing upon the economics and political science literatures as appropriate. The MacSharry reform was much influenced by the Uruguay Round of GATT negotiations, and the 2003 Fischler reform by the Doha Round of WTO negotiations. A Delphi survey of key decision-makers, assessing their perception of the drivers of policy reform, and an analysis of subsequent CAP reform, including the Health Check in 2008 and preparations for the post-2013 CAP review, round off the discussion. A Foreword is contributed by former Farm Commissioner Franz Fischler.Less
From the outset, the European Union's common agricultural policy (CAP) was subject to scathingly criticism. Despite this, no substantial reform was undertaken until 1992. Then, in little more than a decade, from 1992 to 2003, the CAP experienced three significant reforms: the 1992 MacSharry Reform, the 1999 Agenda 2000 Reform, and the 2003 Fischler Reform, profoundly changing its original design. The objective of the book is to contribute to a better understanding of this process of EU decision-making and policy reform. After thirty years of policy stasis, what unlocked policy reform, how was the process managed, and why did it not achieve all of the stated objectives? The text focuses on the role of the Commission and the Commissioner for Agriculture, the Council of Ministers and its Presidency, and the European Parliament. It adopts a heuristic political economy approach, drawing upon the economics and political science literatures as appropriate. The MacSharry reform was much influenced by the Uruguay Round of GATT negotiations, and the 2003 Fischler reform by the Doha Round of WTO negotiations. A Delphi survey of key decision-makers, assessing their perception of the drivers of policy reform, and an analysis of subsequent CAP reform, including the Health Check in 2008 and preparations for the post-2013 CAP review, round off the discussion. A Foreword is contributed by former Farm Commissioner Franz Fischler.
Rosario Silva Gilli
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199542482
- eISBN:
- 9780191594342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199542482.003.0012
- Subject:
- Law, Environmental and Energy Law
This chapter begins by providing an outline of the process of integration which is currently being undertaken by the members of MERCOSUR, with specific reference to the legal order which governs ...
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This chapter begins by providing an outline of the process of integration which is currently being undertaken by the members of MERCOSUR, with specific reference to the legal order which governs such integration. As a further preliminary matter, it considers the extent to which the members of MERCOSUR have embraced the GM revolution, with Argentina being revealed as the most enthusiastic. The various national regimes regulating GMOs are then discussed in detail, identifying common characteristics and differences. In all cases national regimes are found to be based upon pre-existing rules governing seeds and crops, although specific regimes are also being developed. However, only in Brazil has a major statute been enacted for the purposes of governing GMOs. More generally, the chapter looks to whether there is a realistic possibility of enacting a harmonized regime for GMOs across all the members of MERCOSUR and, in this context, it identifies recent initiatives.Less
This chapter begins by providing an outline of the process of integration which is currently being undertaken by the members of MERCOSUR, with specific reference to the legal order which governs such integration. As a further preliminary matter, it considers the extent to which the members of MERCOSUR have embraced the GM revolution, with Argentina being revealed as the most enthusiastic. The various national regimes regulating GMOs are then discussed in detail, identifying common characteristics and differences. In all cases national regimes are found to be based upon pre-existing rules governing seeds and crops, although specific regimes are also being developed. However, only in Brazil has a major statute been enacted for the purposes of governing GMOs. More generally, the chapter looks to whether there is a realistic possibility of enacting a harmonized regime for GMOs across all the members of MERCOSUR and, in this context, it identifies recent initiatives.
