Journalism and science as alternatives for defending Colombian journalists

2020 ◽  
Vol 36 (4) ◽  
pp. 623-627
Author(s):  
Fidel González-Quiñones ◽  
José Refugio Romo-González ◽  
María del Rosario Laverde ◽  
Juan D. Machin-Mastromatteo

Colombia is one of the Latin American countries with the most human rights violations directed toward journalists. This article presents a brief review that identifies the main characteristics of Colombian journalism, among others its connections with powerful corporate and political sectors that have facilitated the development of an official kind of journalism that is comfortable with those in power. We also identified another facet, represented by critical journalists, not aligned with official institutions and that have suffered various kinds of violations to their rights, censorship and have even been murdered. Finally, we highlight initiatives that have strived to protect Colombian journalists and we present a proposal for linking science, the academia and investigative journalism.

Author(s):  
Mónica Serrano

This chapter explores why Latin American countries have endorsed, or objected to, the principle of the responsibility to protect. Through an exploration of the various positions held by Latin American (LA) countries in international discussions on R2P the chapter aims to account for the role that the region has played in efforts to develop and consolidate the R2P norm. It finds that those countries that experienced mass atrocities have been more willing to accept R2P. Assessments of the relative costs and benefits of a multilateral solution to atrocity crimes have been influenced by the countries’ own record of massive human rights violations and democratization process. The chapter also situates current R2P discourse and practice in a context of regional contestation over human rights and rampant criminal homicidal violence. It concludes that in such a context the capacity of LA countries to engage normatively with R2P will most likely wane.


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.


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.


Author(s):  
Danielle Anne Pamplona

In her article, Brazilian professor Daniela Ann Pamplona describes the role of the JointConstitutional Project for Latin America (ICCAL) in strengthening the investment potential of LatinAmerican countries, strengthening the capacity of Latin American countries and businesses to respectand protect human rights. ICCAL is the latest theory developed by Armin von Bogdandi, MarielaMorales Antoniazzi and Flavia Piovesan at the Max Planck Institute for Comparative Public Law andInternational Law, which seeks to promote the transformation of social and political realities in LatinAmerica to create the necessary democratic conditions. and human rights. The current situation in theregion is characterized by a number of multifaceted challenges: high poverty rates, deep social gapsthat limit access to opportunities, especially for the most vulnerable; Ethnic groups and indigenouspeoples are not protected and respected in the implementation of macro-projects, such as mining,the lack of norms and practices on the obligation of companies to consult widely with indigenous andtribal peoples and to ensure their participation in any decision to intervene affects their territories.ICCAL’s approach to business and human rights is based on various Inter-American Court rulingsthat recognize the role of companies in adversely affecting human rights, but at the same time clearlyarticulate the human rights obligations of governments and businesses in terms of the HumanRights Guidelines. As the author explains, the potential role of ICCAL is that it can be a practicalguide for interpreting different national norms and helping to strengthen weaker states. It can alsostrengthen dialogue between countries in the region and with the Inter-American Human RightsSystem. Cohesion around the meaning and content of human rights will allow states and companiesto more effectively coordinate and coordinate actions to promote human rights.


Author(s):  
Alexandra Huneeus

This chapter seeks to explain why the impact of the Inter-American Court of Human Rights varies greatly across the different Latin American countries under its jurisdiction. Three case studies suggest that the uneven spread of constitutional ideas and practices across Latin America helps shape the type of authority the IACtHR exerts. In Colombia, where neoconstitutionalist lawyers were able to successfully ally themselves with reformers and participate in the construction of a new constitution and court starting in 1991, the Court now enjoys narrow, intermediate, and extensive authority. In Chile, where constitutional reform was muted, and neoconstitutionalist doctrines have not found strong adherents in the judiciary, the IACtHR has achieved narrow authority and, at times, intermediate authority. In Venezuela, neoconstitutionalism was sidelined as the new Bolivarian constitutional order was forged. Meanwhile, the Mexican case study suggests that the neoconstitutionalist movement can also work transnationally.


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.


The book identifies a new human rights phenomenon. While disappearances have tended to be associated with authoritarian state and armed conflict periods, the study looks at these acts carried out in procedural democracies where democratic institutions prevail. Specifically, the book manuscript analyses disappearances in four Latin American countries (Mexico, Brazil, Argentina, and El Salvador) which provide insights into the dimensions of this contemporary social problem. The theoretical framing for the volume links contemporary disappearances with certain logics that emerged in the authoritarian and armed conflict periods and continue today. It also covers the evolution of legal instruments addressing past disappearances and the current phenomenon. Each case study is introduced by a personal story of disappearance, followed by analyses. The following ‘Tools’ section sets out ‘best practices’ used by civil society groups and non-governmental organisations to address the rights of victims for truth, justice, reparations, and guarantees of non-repetition.


AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 375-379 ◽  
Author(s):  
Jorge Contesse

In 2009, as the American Convention on Human Rights turned forty, Left-wing governments ruled in almost all Latin American countries. The democratization wave that began in the late 1980s had produced a seemingly hegemonic turn to the Left—the so-called “Pink Tide.” A decade later, the political landscape was radically different. With only a few exceptions, Right-wing governments are in power throughout Latin America. The implications of the conservative wave have been felt in a number of areas—including human rights. This essay explores the ways in which the new conservative governments of Latin American have tried to curb the inter-American human rights system and examines the potential long-term consequences that their efforts may have on the regional system and the protection of human rights. It then suggests possible avenues for sound engagement between states and the system, observing that the Inter-American Court's expansive case law may cause more harm in the long run.


2017 ◽  
Vol 44 (5) ◽  
pp. 183-206 ◽  
Author(s):  
Marie-Christine Doran

The criminalization of social movements and protest remains underanalyzed as a problem intrinsic to democracy. Comparison of two seemingly different Latin American countries with regard to the degree of violence, Chile and Mexico, suggests that, far from being caused by the dysfunction of the legal system or other institutional factors, criminalization is a specific form of retrenching on well-established civil and political rights, rendering them synonymous with criminal behavior that must be sanctioned legally, and tolerates abusive behavior by state agents toward human rights defenders, who are viewed as enemies. As such, it is key to an understanding of the current violence in Latin America. Fieldwork and interviews of human rights defenders in the two countries suggest that criminalization of collective action is a systemic state response to the intense multifaceted mobilization in favor of democracy and new generations of rights that Latin America has been experiencing “from below” during the past decade. La criminalización de los movimientos y protestas sociales sigue siendo un problema intrínseco a la democracia pero es poco analizado como tal. Una comparación del grado de violencia en dos países latinoamericanos, Chile y México, sugiere que, lejos de ser el producto del sistema legal u otros factores institucionales, la criminalización es una forma específica de reducir derechos civiles y políticos bien establecidos y convertirlos en sinónimo de comportamiento criminal que debe ser sancionado legalmente. Dicho proceso tolera el comportamiento abusivo por parte de agentes del estado hacia defensores de los derechos humanos, quienes aparecen como enemigos. Esto es crucial para entender la actual violencia en América Latina. La criminalización de la acción colectiva es una respuesta estatal sistémica a una intensa y multifacética movilización de grupos de base a favor de la democracia y nuevos derechos en esta última década.


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