Temporal Patterns in Latin American Truth Commission Recommendation Formulation and Implementation

Author(s):  
Eric Wiebelhaus-Brahm ◽  
Dylan Wright

Abstract Remarkably little attention has focused on the formulation and implementation of truth commission (tc) recommendations. We use Skaar et al.’s original data on approximately 1000 recommendations produced by 13 truth commissions established in 11 Latin American countries between 1983 and 2014 to examine how recommendations and government responses to them have evolved over nearly 40 years. Truth commissions appear to be regularly influenced by major global transitional justice and human rights developments as they formulate recommendations. They target specific marginalised identity groups in their recommendations, particularly after major global initiatives to recognise the rights of such groups. Yet, governments often forego implementing such recommendations. Recommendations also appear to be shaped by whether the commission was established right after a political transition. Post-transitional commissions, which come five or more years after transition, issue more recommendations dealing with reparations of all sorts. However, whether overwhelmed by the number of proposals or more immune to pressure to enact such measures, governments implement these recommendations less regularly. These commissions also do not invoke the importance of reconciliation as transitional commissions do.

2015 ◽  
Vol 14 (3) ◽  
pp. 457-475
Author(s):  
Eleonora Mesquita Ceia

Transitional justice refers to the set of judicial and non-judicial measures adopted by different countries in order to confront their dictatorial past. In practice, countries adopt different transitional policies according to their own political, legal, social, historical, and cultural traditions. This applies, for example, to Latin American countries, some of which enacted amnesty laws currently in force, while others tried and convicted those responsible for human rights violations. In this process, the Inter-American Court of Human Rights has contributed significantly to the progress of transitional justice. Through its jurisprudence, the Court has enshrined fundamental principles related to transitional justice. In addition, it has helped Latin American countries overcome jurisprudential positions and revoke national laws that contradict international human rights standards. This article examines the contribution of the Inter-American Court of Human Rights to the development of transitional justice, with an emphasis on the case of Brazil. Ultimately, it assesses the impact of selected court jurisprudence on Brazil in order to identify the quality of the existing dialogue on transitional justice between the Inter-American Court of Human Rights and the Brazilian Supreme Federal Court.


2021 ◽  
Vol 9s2 ◽  
pp. 35-52
Author(s):  
Elias O. Opongo

Highlighting the place and role of women in transitional justice processes draws attention to two main aspects: the need for a holistic approach to transitional justice processes, and paying attention to the sensitive nature of gender-based violence in the whole cycle of truth commissions from articulation of the mandate of the commission, composition of the commissioners, categorisation of crimes, to the writing and implementation of the final report. A feminist advocacy approach to transitional justice is framed under a critical feminist strategy that draws attention to diverse forms of human rights violations against women in situations of conflict; structures of exclusion of women�s concerns; the agency and presence of women in truth commission processes. Hence, discourse on gendering transitional justice processes has recently emerged, especially given that women have been targeted in conflict situations, giving rise to sexual and gender-based violence, and indiscriminate killing of women despite their non-combatant role. This article discusses the extent of marginalisation of cases of women�s gross human rights violations in truth commission processes, while acknowledging positive attempts made so far, through critical feminism, to include women�s concerns in these processes.


1995 ◽  
Vol 20 (01) ◽  
pp. 79-116 ◽  
Author(s):  
Margaret Popkin ◽  
Naomi Roht-Arriaza

In recent years, Latin American countries have sought to come to terms with prior periods of widespread human rights violations, relying increasingly on investigatory commissions. Investigatory efforts have been undertaken by democratically elected governments that replaced military dictatorships, by UN-sponsored commissions as part of a UN-mediated peace process, and by national human rights commissioners. This article examines truth commissions in Chile and El Salvador, an investigatory effort in Honduras, and a proposed commission in Guatemala. It compares the achievements and limitations of these commissions within the political constraints and institutional reality of each country, focusing on four major goals: the effort to create an authoritative account of the past; vindication of victims; recommendations for legislative, structural, or other changes to avoid repetition of past abuses; and establishing accountability or the identity of perpetrators.


2015 ◽  
pp. 223-250
Author(s):  
Marta Gouveia de Oliveira Rovai

 Resumo: Este artigo apresenta um breve histórico da justiça de transição, em países da América Latina, como Argentina, Chile e Brasil, baseada na busca pela verdade, justiça e reparação. Num primeiro momento mostra a importância das comissões da verdade, criadas para revelar as violações cometidas durante os regimes ditatoriais. Em seguida trabalha com o conceito de “memória herdada”, de Michael Pollak, para mostrar como parcelas organizadas da juventude atuam no presente denunciando publicamente, por meio de manifestações conhecidas como “escrachos”, os responsáveis pelos crimes cometidos contra a geração de seus pais e avós. No Brasil, destaca-se o Levante Popular da Juventude que, inspirado no movimento dos HIJOS, na Argentina, toma para si o dever do compartilhamento da memória.Palavras-chave: justiça de transição – memória herdada – juventude latino-americana Abstract: This article presents a brief history of transitional justice in Latin American countries such as Argentina, Chile and Brazil , based on the search for truth , justice and reparation . At first shows the importance of truth commissions , created to reveal the violations committed during the dictatorial regimes . Then explores the concept of  “inherited memory ", as that of Michael Pollak , to show how organized youth installments  presently act in  publicly denouncing, through demonstrations known as  “escrachos” , those responsible for the crimes committed against their parents and grandparents generations. In Brazil , there is the Levante Popular da Juventude who , inspired by the movement of HIJOS, in Argentina, takes on the duty of sharing memory .Keywords: transitional justice - inherited memory - Latin American youth


2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.


2021 ◽  
Vol 16 ◽  
pp. 203-217
Author(s):  
Mônica Tenaglia ◽  
Georgete Medleg Rodrigues

This paper provides the work of identifying and locating the archives produced by twenty truth commissions created in Brazil between 2012 and 2018. To do so, it uses the final reports and virtual pages of the commissions, the electronic citizen information service (e-SIC) and state and municipal ombudsmen and contact with former truth commission members. The results show the difficulty in locating these collections due to the lack of information about Brazilian truth commissions and the lack of information about the presence of these collections in archival institutions. Furthermore, it points to a worrying scenario regarding the protection and disclosure of archival collections which hold information about human rights violations in Brazil.


Author(s):  
Claire Whitlinger

This chapter explores the relationship between the 2004 commemoration in Philadelphia, Mississippi and the Mississippi Truth Project, a state-wide project initially modelled after South Africa’s post-apartheid Truth and Reconciliation Commission. After reviewing the history of transitional justice efforts in the United States and the social scientific literature on how civil society-based truth commissions emerge, the chapter demonstrates how the 2004 commemoration and subsequent trial of Edgar Ray Killen precipitated the formation of a state-wide truth commission when previous efforts had failed. In short, this research finds that the commemoration mobilized mnemonic activists; concentrated local, state, and global resources; broadened political opportunity; and shifted the political culture of the state. Despite these developments—and years of project planning—the Mississippi Truth Project changed course in 2009, abandoning a South African-style truth commission in favour of grassroots memory projects and oral history collection. The chapter thus sheds lights on the possibilities and perils of pursuing non-state truth commissions.


2020 ◽  
pp. 397-446
Author(s):  
Beth Van Schaack

The penultimate chapter offers a discussion of the prospects for a genuine transitional justice process in Syria. Chapter 10 begins with a short history of the development of the archetypal tools within the transitional justice toolkit—criminal accountability, truth commissions, reparations, amnesties, lustration, institutional reform, and guarantees of nonrecurrence—and the way in which transitional justice efforts have become increasingly internationalized. This enhanced involvement of the international community in promoting transitional justice reflects the belief—premised on historical case studies and emerging empirical research—that societies in transition must address the crimes of the past in some capacity or risk their repetition. The chapter surveys the most recent research testing these claims, which has benefited from the creation of a number of new databases gleaned from states in transition. The chapter then describes ways in which the international community has tried to prepare for a future transitional justice process in Syria even in the absence of a political transition, including by training Syrian advocates, surveying Syrian communities to understand their knowledge of transitional justice and preferences for Syria, promoting psychosocial rehabilitation and solidarity among victims, and preparing for truth-telling exercises and institutional reform measures. The conclusion suggests ways in which the international community could still promote some form of transitional justice as part of the reconstruction process, even if Assad remains in power, which seems increasingly likely.


Sign in / Sign up

Export Citation Format

Share Document