Alexandra Barahona de Brito, Carmen González‐Enríquez, and Paloma Aguilar
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.003.0001
- Subject:
- Political Science, Democratization
The general aim of this book is to shed light on how countries deal with legacies of repression during a transition from authoritarian or totalitarian rule to democratic rule. Two broad kinds of ...
More
The general aim of this book is to shed light on how countries deal with legacies of repression during a transition from authoritarian or totalitarian rule to democratic rule. Two broad kinds of transition are covered: those that occur as a result of the collapse of the old regimes or regime forces, as in Portugal, Argentina, Central and Eastern Europe, Russia and Germany after reunification, where collapse was followed by absorption into another state; and those that are negotiated between an incoming democratic elite and an old regime, as in Spain, the southern cone of Latin America, Central America and South Africa. Because of this range of transitional situations, it is possible to see how varying degrees of political, social and institutional constraints affect the solutions adopted or limit opportunities to deal with the past, and to permit a comparative analysis of the variety of policies adopted, establishing links between one and the other. The book concentrates on the presence (or absence) of three kinds of official or government-sponsored efforts to come to terms with the past: truth commissions, trials and amnesties, and purges; to a lesser extent, it also looks at policies of compensation, restitution or reparation. At the same time, it focuses on unofficial and private initiatives emerging from within society to deal with the past – usually promoted by human rights organizations (HROs), churches, political parties and other civil society organizations; in doing this, the book examines a ‘politics of memory’ whereby societies rework the past in a wider cultural arena, both during the transitions and after official transitional policies have been implemented and even forgotten. The different sections of the Introduction are: Truth and Justice in Periods of Political Change: An Overview; What Can be Done about an Authoritarian Past? Limits and Possibilities of Transition Types and Other Variables; Beyond the Transitional Period: Authoritarian and Long-Term Historical Legacies; Truth, Justice and Democracy; and Memory Making and Democratization.Less
The general aim of this book is to shed light on how countries deal with legacies of repression during a transition from authoritarian or totalitarian rule to democratic rule. Two broad kinds of transition are covered: those that occur as a result of the collapse of the old regimes or regime forces, as in Portugal, Argentina, Central and Eastern Europe, Russia and Germany after reunification, where collapse was followed by absorption into another state; and those that are negotiated between an incoming democratic elite and an old regime, as in Spain, the southern cone of Latin America, Central America and South Africa. Because of this range of transitional situations, it is possible to see how varying degrees of political, social and institutional constraints affect the solutions adopted or limit opportunities to deal with the past, and to permit a comparative analysis of the variety of policies adopted, establishing links between one and the other. The book concentrates on the presence (or absence) of three kinds of official or government-sponsored efforts to come to terms with the past: truth commissions, trials and amnesties, and purges; to a lesser extent, it also looks at policies of compensation, restitution or reparation. At the same time, it focuses on unofficial and private initiatives emerging from within society to deal with the past – usually promoted by human rights organizations (HROs), churches, political parties and other civil society organizations; in doing this, the book examines a ‘politics of memory’ whereby societies rework the past in a wider cultural arena, both during the transitions and after official transitional policies have been implemented and even forgotten. The different sections of the Introduction are: Truth and Justice in Periods of Political Change: An Overview; What Can be Done about an Authoritarian Past? Limits and Possibilities of Transition Types and Other Variables; Beyond the Transitional Period: Authoritarian and Long-Term Historical Legacies; Truth, Justice and Democracy; and Memory Making and Democratization.
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.
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:
- 10.1093/0198280386.003.0005
- Subject:
- Political Science, Democratization
In this second 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 (1988–90) in Chile. ...
More
In this second 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 (1988–90) in Chile. The aim of this chapter (and the previous one which examines the same issues in Uruguay) 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: Una Salida Constitucional: A Defiant General and a United Opposition; Accounting for the Success of Truth and Justice Policies in the Democratic Period; and Conclusions: Preparing for Limited Confrontation and Accommodation – in the post-transition democratic period.Less
In this second 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 (1988–90) in Chile. The aim of this chapter (and the previous one which examines the same issues in Uruguay) 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: Una Salida Constitucional: A Defiant General and a United Opposition; Accounting for the Success of Truth and Justice Policies in the Democratic Period; and Conclusions: Preparing for Limited Confrontation and Accommodation – 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:
- 10.1093/0198280386.003.0007
- Subject:
- Political Science, Democratization
In this second 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 ...
More
In this second 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 1990 to 1996 in Chile (the governments of Aylwin 1990–93 and of Frei 1993–96). The different sections of the chapter are: Introduction; Truth Telling in Chile: The Jewel in the Concertaciin’s Human Rights Crown; Releasing the Political Prisoners: Hostages to the Conflict over Justice; Reparations and Symbolic Justice by Individual Prosecution; The Frei Administration and the Continuing Struggle for Justice, 1993–96; and Conclusion.Less
In this second 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 1990 to 1996 in Chile (the governments of Aylwin 1990–93 and of Frei 1993–96). The different sections of the chapter are: Introduction; Truth Telling in Chile: The Jewel in the Concertaciin’s Human Rights Crown; Releasing the Political Prisoners: Hostages to the Conflict over Justice; Reparations and Symbolic Justice by Individual Prosecution; The Frei Administration and the Continuing Struggle for Justice, 1993–96; and Conclusion.
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 ...
More
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.
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:
- 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:
- 10.1093/0198280386.003.0004
- 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. ...
More
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.
Nanci Adler
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.003.0011
- Subject:
- Political Science, Democratization
The main aim of this book has been to analyse what determines how new democracies face an authoritarian past (and human rights violations in particular) and, in turn, the way in which policies of ...
More
The main aim of this book has been to analyse what determines how new democracies face an authoritarian past (and human rights violations in particular) and, in turn, the way in which policies of truth and justice shape the process of democratization. Thus, eighteen cases are analysed in detail, covering a good part of the processes of democratization that have taken place since the beginning of the 1970s; countries experiencing a political change that did not undergo a transition to democracy have been left out, as have countries in which truth and justice policies are the result of the end of a civil conflict where there is no accompanying movement towards democratization. The key obstacle to theorizing about this topic is the enormous influence of the particular historical evolution of each country, and various factors emerging therefrom, on policies of truth and justice in transition. Thus, a general overview to categorize different experiences of transitions from dictatorial rule according to the balance of power between authoritarians and democrats is immediately useful, although the aim of the editors has been to keep sight of the peculiar nature of national experiences while providing some kind of useful guidelines for approaching the subject. It is in this spirit that the two sets of conclusions offered here provide a way of looking at the issue of transitional truth and justice: the first pertains to the probability that a new democracy will undertake policies of this kind; the second refers to the consequences that such policies may have for democratic life or democratization.Less
The main aim of this book has been to analyse what determines how new democracies face an authoritarian past (and human rights violations in particular) and, in turn, the way in which policies of truth and justice shape the process of democratization. Thus, eighteen cases are analysed in detail, covering a good part of the processes of democratization that have taken place since the beginning of the 1970s; countries experiencing a political change that did not undergo a transition to democracy have been left out, as have countries in which truth and justice policies are the result of the end of a civil conflict where there is no accompanying movement towards democratization. The key obstacle to theorizing about this topic is the enormous influence of the particular historical evolution of each country, and various factors emerging therefrom, on policies of truth and justice in transition. Thus, a general overview to categorize different experiences of transitions from dictatorial rule according to the balance of power between authoritarians and democrats is immediately useful, although the aim of the editors has been to keep sight of the peculiar nature of national experiences while providing some kind of useful guidelines for approaching the subject. It is in this spirit that the two sets of conclusions offered here provide a way of looking at the issue of transitional truth and justice: the first pertains to the probability that a new democracy will undertake policies of this kind; the second refers to the consequences that such policies may have for democratic life or democratization.
Rachel Sieder
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.003.0006
- Subject:
- Political Science, Democratization
This chapter considers the role of ‘memory politics’ – understood as the combination of official and unofficial attempts to deal with the legacy of past violations – in the struggle for ...
More
This chapter considers the role of ‘memory politics’ – understood as the combination of official and unofficial attempts to deal with the legacy of past violations – in the struggle for democratization in Central America: official initiatives can include truth commissions, amnesty dispensations, criminal investigations and prosecutions, and a range of institutional reforms aimed at redressing the previous failure of the state to guarantee human rights; unofficial initiatives developed by civil society actors to confront the past can include investigations of violations, legal actions, and different kinds of commemorative acts and exercises in collective memory. Memory politics operates at multiple levels and involves a diversity of agents, including local communities, national and international non-governmental human rights organizations (HROs), governments, the media, and, in the case of Central America, the UN; however, it is suggested here that its long-term effects in any national context depend on the interaction between official and unofficial efforts to address the legacies of the past. The experiences of memory politics analysed in this chapter are those of El Salvador, Honduras and Guatemala, the three Central American countries that during the 1990s undertook official processes of investigating past violations of human rights. The precise nature of memory politics and the impact it has had varied considerably in these three countries, and it is suggested that four interrelated factors are central to explaining differences between the respective national experiences: the first is the specific political and social legacies of human rights abuse in each country; the second concerns the circumstances of the transition from war to peace, specifically the prevailing balance of forces and the trade-off between truth and justice that this engendered in each case; the third is the role of local HROs and civil society in general in the politics of memory; and the fourth is the role of international governmental and non-governmental organizations (NGOs) in efforts to uncover the truth about the past and to address the consequences of violations. The first three sections of the chapter compare the legacies of human rights abuses, the transitional trade-offs between truth and justice, and the role of civil society organizations and international actors in the memory politics of El Salvador, Honduras and Guatemala; the final section considers the impact of memory politics on the prospects for democracy in these countries.Less
This chapter considers the role of ‘memory politics’ – understood as the combination of official and unofficial attempts to deal with the legacy of past violations – in the struggle for democratization in Central America: official initiatives can include truth commissions, amnesty dispensations, criminal investigations and prosecutions, and a range of institutional reforms aimed at redressing the previous failure of the state to guarantee human rights; unofficial initiatives developed by civil society actors to confront the past can include investigations of violations, legal actions, and different kinds of commemorative acts and exercises in collective memory. Memory politics operates at multiple levels and involves a diversity of agents, including local communities, national and international non-governmental human rights organizations (HROs), governments, the media, and, in the case of Central America, the UN; however, it is suggested here that its long-term effects in any national context depend on the interaction between official and unofficial efforts to address the legacies of the past. The experiences of memory politics analysed in this chapter are those of El Salvador, Honduras and Guatemala, the three Central American countries that during the 1990s undertook official processes of investigating past violations of human rights. The precise nature of memory politics and the impact it has had varied considerably in these three countries, and it is suggested that four interrelated factors are central to explaining differences between the respective national experiences: the first is the specific political and social legacies of human rights abuse in each country; the second concerns the circumstances of the transition from war to peace, specifically the prevailing balance of forces and the trade-off between truth and justice that this engendered in each case; the third is the role of local HROs and civil society in general in the politics of memory; and the fourth is the role of international governmental and non-governmental organizations (NGOs) in efforts to uncover the truth about the past and to address the consequences of violations. The first three sections of the chapter compare the legacies of human rights abuses, the transitional trade-offs between truth and justice, and the role of civil society organizations and international actors in the memory politics of El Salvador, Honduras and Guatemala; the final section considers the impact of memory politics on the prospects for democracy in these countries.
Alexandra Barahona De Brito, Carmen Gonzalez Enriquez, and Paloma Aguilar (eds)
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.001.0001
- Subject:
- Political Science, Democratization
The book explores how new democracies face an authoritarian past and past human rights violations, and the way in which policies of truth and justice shape the process of democratization. Eighteen ...
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The book explores how new democracies face an authoritarian past and past human rights violations, and the way in which policies of truth and justice shape the process of democratization. Eighteen countries in Central and South America, Central, Eastern and South Europe and South Africa are analysed in detail. The main variables affecting the implementation of truth and justice policies (purges, truth commissions and trials, among other policies) are: the balance between old and new regime forces; the availability of institutional, human and financial resources, the nature of the ideological preferences and commitments of the elites in question; the mobilization of social groups pressing in favour of these policies; and the importance of human rights in the international arena. The duration and degree of institutionalization of dictatorship is also important. A prolonged dictatorship makes it harder for a new democracy to implement truth and justice policies, particularly when repression occurred in the distant past and if repression gained social complicity. The magnitude and methods of repression used against opposition forces in the dictatorship also shape transitional truth and justice: torture, assassination, and disappearances and clandestine repression in general (as in Central and South America, South Africa) require a different response to official institutionalized ‘softer’ repression (as in Portugal, Spain and Eastern Europe). The findings indicate that, with hindsight, there appears to be no direct relation between the implementation of policies of backward-looking truth and justice and the quality of new democracies. Democracy is just as strong and deep in Spain, Hungary and Uruguay, where there was no punishment or truth telling, as it is in Portugal, the Czech Republic or Argentina, which experienced purges and trials. However, such policies are justified not merely on instrumental grounds, but also for ethical reasons, and they symbolize a break with a violent, undemocratic past.Less
The book explores how new democracies face an authoritarian past and past human rights violations, and the way in which policies of truth and justice shape the process of democratization. Eighteen countries in Central and South America, Central, Eastern and South Europe and South Africa are analysed in detail. The main variables affecting the implementation of truth and justice policies (purges, truth commissions and trials, among other policies) are: the balance between old and new regime forces; the availability of institutional, human and financial resources, the nature of the ideological preferences and commitments of the elites in question; the mobilization of social groups pressing in favour of these policies; and the importance of human rights in the international arena. The duration and degree of institutionalization of dictatorship is also important. A prolonged dictatorship makes it harder for a new democracy to implement truth and justice policies, particularly when repression occurred in the distant past and if repression gained social complicity. The magnitude and methods of repression used against opposition forces in the dictatorship also shape transitional truth and justice: torture, assassination, and disappearances and clandestine repression in general (as in Central and South America, South Africa) require a different response to official institutionalized ‘softer’ repression (as in Portugal, Spain and Eastern Europe). The findings indicate that, with hindsight, there appears to be no direct relation between the implementation of policies of backward-looking truth and justice and the quality of new democracies. Democracy is just as strong and deep in Spain, Hungary and Uruguay, where there was no punishment or truth telling, as it is in Portugal, the Czech Republic or Argentina, which experienced purges and trials. However, such policies are justified not merely on instrumental grounds, but also for ethical reasons, and they symbolize a break with a violent, undemocratic past.
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:
- 10.1093/0198280386.003.0003
- 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.
António Costa Pinto
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.003.0003
- Subject:
- Political Science, Democratization
The military coup of 25 April 1974 in Portugal initiated the ‘third wave’ of democratic transitions in southern Europe. The transition and subsequent process of democratic consolidation evolved in ...
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The military coup of 25 April 1974 in Portugal initiated the ‘third wave’ of democratic transitions in southern Europe. The transition and subsequent process of democratic consolidation evolved in various stages, each with a corresponding phase of ‘transitional truth and justice’ initiatives and counter-initiatives: the first stage, from 1974 to 1976, was the ‘revolutionary’ period, comprising the downfall of the regime and the crisis of state that followed; the second stage, between 1976 and 1982, was a period of ‘normalization’, constitutionalization and incipient democratic consolidation; during the third stage, from 1982 onwards, the process of democratic consolidation has proceeded apace. This chapter examines these stages in different sections: Introduction; A Portuguese Settling of Accounts; The Purge Process; The Dual Legacy Discourse and the Consolidation of Democracy; and Conclusion.Less
The military coup of 25 April 1974 in Portugal initiated the ‘third wave’ of democratic transitions in southern Europe. The transition and subsequent process of democratic consolidation evolved in various stages, each with a corresponding phase of ‘transitional truth and justice’ initiatives and counter-initiatives: the first stage, from 1974 to 1976, was the ‘revolutionary’ period, comprising the downfall of the regime and the crisis of state that followed; the second stage, between 1976 and 1982, was a period of ‘normalization’, constitutionalization and incipient democratic consolidation; during the third stage, from 1982 onwards, the process of democratic consolidation has proceeded apace. This chapter examines these stages in different sections: Introduction; A Portuguese Settling of Accounts; The Purge Process; The Dual Legacy Discourse and the Consolidation of Democracy; and Conclusion.
William Desmond
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9780231178761
- eISBN:
- 9780231543002
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231178761.003.0004
- Subject:
- Philosophy, History of Philosophy
Chapter 3 asks how the intimate universal might have a significant bearing on the practice of philosophy itself. Many immediately think of philosophers as the high priests of the universal, but these ...
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Chapter 3 asks how the intimate universal might have a significant bearing on the practice of philosophy itself. Many immediately think of philosophers as the high priests of the universal, but these high priests do not always convince non-philosophers, be they artists or religious believers. if sometimes the philosophers demand from the intimacies of religion and art that they prove themselves in connection with the universal, here the call is directed to philosophy itself, as a practice of truth, to prove that its service of the universal is in the spirit of the most intimate truthfulness. To this end, Desmond connects the philosophical service of the universal with a more intimate sense of “doing justice” that is prior to the more usual juxtaposition of theory and practice.Less
Chapter 3 asks how the intimate universal might have a significant bearing on the practice of philosophy itself. Many immediately think of philosophers as the high priests of the universal, but these high priests do not always convince non-philosophers, be they artists or religious believers. if sometimes the philosophers demand from the intimacies of religion and art that they prove themselves in connection with the universal, here the call is directed to philosophy itself, as a practice of truth, to prove that its service of the universal is in the spirit of the most intimate truthfulness. To this end, Desmond connects the philosophical service of the universal with a more intimate sense of “doing justice” that is prior to the more usual juxtaposition of theory and practice.
Frédéric Vairel
- Published in print:
- 2019
- Published Online:
- June 2019
- ISBN:
- 9780190876081
- eISBN:
- 9780190943097
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190876081.003.0011
- Subject:
- Political Science, Conflict Politics and Policy
Frédéric Vairel offers a comparison between transitional justice processes in Tunisia and Morocco. He shows how the Moroccan Equity and Reconciliation Commission established in 2004, the first in an ...
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Frédéric Vairel offers a comparison between transitional justice processes in Tunisia and Morocco. He shows how the Moroccan Equity and Reconciliation Commission established in 2004, the first in an Arab country, inspired and partly informed Tunisia’s Truth and Justice Commission. He discusses the similarities and differences between the two entities and their actions. While in authoritarian Morocco, the top-down process through which the commission was created allowed it to work reasonably well, though with quite limited results, its Tunisian counterpart followed a much more ambitious roadmap but was not able to function efficiently due to the politicization of transitional justice in Tunisia’s new democratizing context.Less
Frédéric Vairel offers a comparison between transitional justice processes in Tunisia and Morocco. He shows how the Moroccan Equity and Reconciliation Commission established in 2004, the first in an Arab country, inspired and partly informed Tunisia’s Truth and Justice Commission. He discusses the similarities and differences between the two entities and their actions. While in authoritarian Morocco, the top-down process through which the commission was created allowed it to work reasonably well, though with quite limited results, its Tunisian counterpart followed a much more ambitious roadmap but was not able to function efficiently due to the politicization of transitional justice in Tunisia’s new democratizing context.
Dayo F. Gore
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814732366
- eISBN:
- 9780814733028
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814732366.003.0003
- Subject:
- History, African-American History
This chapter examines the political strategies and organizing that shaped black women radicals' activism in the celebrated fight to free Rosa Lee Ingram, a black woman convicted, along with two of ...
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This chapter examines the political strategies and organizing that shaped black women radicals' activism in the celebrated fight to free Rosa Lee Ingram, a black woman convicted, along with two of her sons, of murdering a white man in rural Georgia. It highlights black women's leadership in organizing to win the Ingrams' freedom and in publicly asserting black women's right to self-defense and control over their bodies. These women situated their activism within the postwar context, as well as within black women's long history of sexualized violence. Working through the Civil Rights Congress, the Women's Committee for Equal Justice, and the all-black women's organization Sojourners for Truth and Justice, Yvonne Gregory, Beulah Richardson, and other women crafted a political analysis that sought to broaden the scope of civil rights activism. Through such efforts, these women fought to assert black women's leadership and vision in shaping postwar civil rights politics.Less
This chapter examines the political strategies and organizing that shaped black women radicals' activism in the celebrated fight to free Rosa Lee Ingram, a black woman convicted, along with two of her sons, of murdering a white man in rural Georgia. It highlights black women's leadership in organizing to win the Ingrams' freedom and in publicly asserting black women's right to self-defense and control over their bodies. These women situated their activism within the postwar context, as well as within black women's long history of sexualized violence. Working through the Civil Rights Congress, the Women's Committee for Equal Justice, and the all-black women's organization Sojourners for Truth and Justice, Yvonne Gregory, Beulah Richardson, and other women crafted a political analysis that sought to broaden the scope of civil rights activism. Through such efforts, these women fought to assert black women's leadership and vision in shaping postwar civil rights politics.
Jacqueline Castledine
- Published in print:
- 2012
- Published Online:
- April 2017
- ISBN:
- 9780252037269
- eISBN:
- 9780252094439
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252037269.003.0005
- Subject:
- Sociology, Social Movements and Social Change
This chapter explores how the founding of the Progressive Party (PP) in 1948 was a significant milestone in the lives of Eslanda Goode Robeson, Shirley Graham, and Charlotta Bass, helping to mark ...
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This chapter explores how the founding of the Progressive Party (PP) in 1948 was a significant milestone in the lives of Eslanda Goode Robeson, Shirley Graham, and Charlotta Bass, helping to mark their evolution from social activists to public intellectuals. Their success in uniting race and gender emancipation ideologies and connecting them to world peace with the support of mixed-sex, racially integrated organizations complicates critiques that nationalist movements have historically discouraged women's attempts to address feminist concerns. Furthermore, the work of these women in the PP, and in organizations like the Council on African Affairs (CAA) and the Sojourners for Truth and Justice, demonstrates a comprehensive strategy to operate within both political and social movements in an attack against the dehumanizing effects of white supremacy and for the promise of global peace.Less
This chapter explores how the founding of the Progressive Party (PP) in 1948 was a significant milestone in the lives of Eslanda Goode Robeson, Shirley Graham, and Charlotta Bass, helping to mark their evolution from social activists to public intellectuals. Their success in uniting race and gender emancipation ideologies and connecting them to world peace with the support of mixed-sex, racially integrated organizations complicates critiques that nationalist movements have historically discouraged women's attempts to address feminist concerns. Furthermore, the work of these women in the PP, and in organizations like the Council on African Affairs (CAA) and the Sojourners for Truth and Justice, demonstrates a comprehensive strategy to operate within both political and social movements in an attack against the dehumanizing effects of white supremacy and for the promise of global peace.
Jacqueline Castledine
- Published in print:
- 2012
- Published Online:
- April 2017
- ISBN:
- 9780252037269
- eISBN:
- 9780252094439
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252037269.003.0007
- Subject:
- Sociology, Social Movements and Social Change
This chapter discusses how the slight thawing of Cold War tensions included discussion of a permanent test-ban treaty, raising the hopes of many former Progressive Party activists that the ...
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This chapter discusses how the slight thawing of Cold War tensions included discussion of a permanent test-ban treaty, raising the hopes of many former Progressive Party activists that the conservative political tide was turning. People increasingly came to believe that the easing of political repression created an opportunity to reconstitute Popular Front organizing and fully realize the potential of such organizations as the Progressive Party, Congress of American Women, and Sojourners for Truth and Justice. Toward that end, small covert leftist networks now made their way into larger national organizations that shared their commitment to “peace, freedom, and abundance.” Although they had not achieved their vision of positive peace, Popular Front organizations had provided a training ground for leftist women who later helped shape the social movements of the 1960s and 1970s.Less
This chapter discusses how the slight thawing of Cold War tensions included discussion of a permanent test-ban treaty, raising the hopes of many former Progressive Party activists that the conservative political tide was turning. People increasingly came to believe that the easing of political repression created an opportunity to reconstitute Popular Front organizing and fully realize the potential of such organizations as the Progressive Party, Congress of American Women, and Sojourners for Truth and Justice. Toward that end, small covert leftist networks now made their way into larger national organizations that shared their commitment to “peace, freedom, and abundance.” Although they had not achieved their vision of positive peace, Popular Front organizations had provided a training ground for leftist women who later helped shape the social movements of the 1960s and 1970s.
