{"id":688,"date":"2012-10-28T15:03:03","date_gmt":"2012-10-28T20:03:03","guid":{"rendered":"http:\/\/library.brown.edu\/modernlatinamerica\/?page_id=688"},"modified":"2016-07-06T16:48:43","modified_gmt":"2016-07-06T16:48:43","slug":"nunca-mas","status":"publish","type":"page","link":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/chapters\/chapter-10-chile\/moments-in-chilean-history\/nunca-mas\/","title":{"rendered":"Nunca M\u00e1s"},"content":{"rendered":"

Transitional Justice in Chile
\n<\/strong>By Piere-Louis Le Goff<\/p>\n

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Cover of the first edition of the “Nunca Mas” report released by CONADEP<\/p><\/div>\n

Throughout Latin America \u2018Nunca M\u00e1s\u2019 has become a mantra, a warning.\u00a0 Although the phrase was originally used as the name for the final report of the Argentine Comisi\u00f3n Nacional sobre la Desaparici\u00f3n de Personas<\/em>\u00a0(National Commission on the Disappearance of Persons\u00a0<\/em>\u2013 CONADEP),[i]<\/a> which in 1984 detailed the crimes of the outgoing military dictatorship, it has been adopted\u00a0by\u00a0several countries in Latin America as a promise to never again allow such campaigns of widespread and systematic human rights violations take place.<\/p>\n

Thus far, the region has, for the most part, kept its promise.\u00a0 However, it continues to grapple with the task of overcoming the complex challenges related to past violence, repression, and armed conflict.\u00a0 While some crimes were committed up to 30 years ago, demands to address human rights abuses have not waned; what has become known as \u2018transitional justice\u2019 is, as such, a work-in-progress.[ii]<\/a><\/p>\n

Furthermore, the processes and study of transitional justice are gathering pace throughout the region: Argentina has made great progress in putting repressors on trial and has begun to confront the economic crimes associated with the last dictatorship; Uruguay last year saw its 25-year-old amnesty law finally overturned,[iii]<\/a> and in March, the State recognised its responsibility in the forced disappearance of Mar\u00eda Claudia Garc\u00eda Iruretagoyena de Gelman[iv]<\/a> (daughter-in-law of the Argentine poet Juan Gelman); and Brazil has finally made the important step of establishing a truth commission, which will investigate the crimes of its military dictatorship.[v]<\/a>\u00a0 These are but a few emblematic examples.<\/p>\n

The domestic process of transitional justice has also been buoyed, or in some cases kick started, by the development of regional and international norms and institutions.\u00a0 The rise of international treaties, including the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which entered into force in 1987, and the 2006 International Convention on Enforced Disappearances, have legally obligated states to investigate and punish human rights violators, uncover the truth surrounding crimes, guarantee non-repetition, and implement institutional reforms.<\/p>\n

Regional bodies, such as the Inter-American Court of Human Rights (IACtHR), have also acted to put pressure on States that failed to fulfill their obligations under international human rights law. The convergence of efforts in the domestic, regional, and international spheres to confront past human rights violations and ensure criminal accountability has been referred to by Kathryn Sikkink as \u2018the justice cascade.\u2019[vi]<\/a><\/p>\n

But transitional justice is not just about clearly delimited transitions; it involves continuous processes aimed at strengthening the democratic system and the rule of law.<\/p>\n

While Latin America has never been as democratic as it is today, violations still take place.\u00a0 Whether it be the Falsos Positivos <\/em>scandal in Colombia,[vii]<\/a> inhumane prison conditions\u00a0in various countries across the region, which have led to scores of deaths,[viii]<\/a> or the recurrence of forced disappearances carried out by the police, protecting human rights under democracy continues to be a struggle.\u00a0 What is more, holding those responsible for current abuses to account is rare. \u00a0As Amnesty International\u2019s The State of the World\u2019s Human Rights 2012 <\/em>report summarised, in the Americas \u2018impunity for human rights violations remains the norm.\u2019[ix]<\/a><\/p>\n

Furthermore, the seeds of today\u2019s violations are often rooted in the past. That is, abuses left unaddressed and the failure to reform abusive institutions are likely to lead to continued violations in the future. This is reflected in continued police violence and the culture of el gatillo f\u00e1cil<\/em>;[x]<\/a> the survival of amnesty laws that block avenues of redress for victims and their families and contribute to cultures of impunity; and the perpetuation of structural conditions that exclude sectors of society from the rule of law and have previously led peoples to take up arms. Such relationships are key to understanding the persistence of human rights violations today.<\/p>\n

To be sure, Latin America has come a long way since the dark days of the 1970s and 80s, and a great deal has been achieved in overcoming the horrors committed by the region\u2019s military dictatorships.\u00a0 Nevertheless, if the commitment of \u2018Nunca M\u00e1s\u2019 is to be fully realised, a great deal remains to be done.<\/p>\n

<\/p>\n
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[i]<\/a> A translated online version of the report is available at: http:\/\/www.desaparecidos.org\/nuncamas\/web\/english\/library\/nevagain\/nevagain_000.htm<\/a><\/p>\n<\/div>\n

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[ii]<\/a> For an introduction to the definitions and conceptual issues surrounding transitional justice, see: http:\/\/www.peacebuildinginitiative.org\/index.cfm?pageId=1882<\/a><\/p>\n<\/div>\n

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[iii]<\/a> \u2018Uruguay overturns amnesty for military-era crimes,\u2019 BBC News<\/em>, 27 October 2011, accessed 25 May 2012, http:\/\/www.bbc.co.uk\/news\/world-latin-america-15473619<\/a><\/p>\n<\/div>\n

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[iv]<\/a> \u2018Uruguay publicly recogizes responsibility for dictatorship crimes\u2019 CEJIL<\/em>, 21 March 2012, accessed 6 June 2012, http:\/\/cejil.org\/en\/comunicados\/uruguay-publicly-recognizes-responsibility-dictatorship-crimes<\/a><\/p>\n<\/div>\n

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[v]<\/a> \u2018Brazil truth commission begins rights abuse inquiries\u2019 BBC News<\/em>, 16 May 2012, accessed 6 June 2012, http:\/\/www.bbc.co.uk\/news\/world-latin-america-18087390<\/a><\/p>\n<\/div>\n

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[vi]<\/a> See Kathryn Sikkink The Justice Cascade <\/em>(New York: Norton, 2011).<\/p>\n<\/div>\n

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[vii]<\/a> http:\/\/es.wikipedia.org\/wiki\/Esc\u00e1ndalo_de_los_falsos_positivos<\/a><\/p>\n<\/div>\n

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[viii]<\/a> Stephanie Nabehay, \u2018UN decries Latin America prison conditions\u2019 Reuters<\/em>, 17 February 2012, accessed 6 June 2012, http:\/\/www.reuters.com\/article\/2012\/02\/17\/honduras-prison-un-idUSL5E8DH2JP20120217<\/a><\/p>\n<\/div>\n

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[ix]<\/a> Amnesty International \u2018Amnesty International Report 2012: The State of the World\u2019s Human Rights\u2019 accessed 10 June 2012, http:\/\/files.amnesty.org\/air12\/AIR12-Report-English.pdf<\/a><\/p>\n<\/div>\n

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[x]<\/a> Literally translated as \u2018easy trigger\u2019, the expression refers to the culture of trigger-happy police, principally in Argentina, who continue to be responsible for .<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Transitional Justice in Chile By Piere-Louis Le Goff Throughout Latin America \u2018Nunca M\u00e1s\u2019 has become a mantra, a warning.\u00a0 Although the phrase was originally used as the name for the final report of the Argentine Comisi\u00f3n Nacional sobre la Desaparici\u00f3n … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":37,"featured_media":0,"parent":633,"menu_order":2,"comment_status":"closed","ping_status":"closed","template":"sidebar-page.php","meta":{"footnotes":""},"class_list":["post-688","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/pages\/688","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/users\/37"}],"replies":[{"embeddable":true,"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/comments?post=688"}],"version-history":[{"count":1,"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/pages\/688\/revisions"}],"predecessor-version":[{"id":5115,"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/pages\/688\/revisions\/5115"}],"up":[{"embeddable":true,"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/pages\/633"}],"wp:attachment":[{"href":"https:\/\/library.brown.edu\/create\/modernlatinamerica\/wp-json\/wp\/v2\/media?parent=688"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}