Suchergebnisse

The foundation of a stable democracy in Spain was built on a settled account: an agreement that both sides were equally guilty of violence, a consensus to avoid contention, and a pact of oblivion as the pathway to peace and democracy. That foundation is beginning to crack as perpetrators' confessions upset the silence and exhumations of mass graves unbury new truths. It has become possible, even if not completely socially acceptable, to speak openly about the past, to disclose the testimonies of the victims, and to ask for truth and justice. Contentious coexistence that put political participation, contestation, and expression in practice has begun to emerge. This book analyzes how this recent transformation has occurred. It recognizes that political processes are not always linear and inexorable. Thus, it remains to be seen how far contentious coexistence will go in Spain.

Klappentext: Latin America sits at the centre of the third wave of democratisation beginning in the early 1980s. It has advanced farther than any other region of the world in its accountability processes for past human rights violations perpetrated during authoritarian regimes and armed conflicts. Despite these human rights achievements, Latin America is known as the most violent global region. In the last two decades since the transitions, serious human rights violations, especially disappearances, have increased exponentially in several countries in the region. This volume seeks to understand these post-transition disappearances. It does so by examining four different countries and the dynamics that play out there. It considers a variety of voices and points of view: those expressing the experiences from the perspectives of victims and relatives; those of activists, advocates, and public officials seeking truth and justice; and those from scholars attempting to draw out the specificities in each case and the patterns across cases. The underlying objective behind the project to gain knowledge and to draw on deep commitment to change within the region is to overcome this tragedy. After reading this volume, readers will not only have an overview of the practice of disappearances in the region, but will also be able to gauge how, despite the differences, the social and political logics that make disappearances possible are similar. The disappearances of the past and those of present are not the same, and it would be a mistake to consider them that way, but the social practices that make them possible are similar. These practices are what we call the logics of disappearance.

Amnesty laws are viewed as a main barrier to justice for past human rights violations. Scholars and practitioners expected the age of human rights accountability to reduce the number or coverage of amnesty laws that block human rights trials. Based on analysis of an original database of amnesty laws and trials, this article questions that outcome. Few discernible patterns regarding amnesty laws and accountability emerge; human rights trials are nearly as likely in the absence of amnesty laws or where partial laws in compliance with international standards and noncompliant blanket amnesty laws exist. Most of the countries that have overcome the amnesty law barriers to justice are in Latin America. This article thus uses the region to identify a multidimensional approach to pathways to overcome impunity and promote justice for past human rights violations. It considers policy recommendations to strengthen four factors that have advanced accountability in the region: civil society demand, international pressure, judicial leadership, and the absence of veto players.

Who is entitled to have rights? This essay examines how right-wing movements attempt to prevent individuals, especially women and members of LGBT groups, from accessing equal rights through the use of terms such as "moral worth" and "family values." At the core of our discussion of the backlash against social rights in Latin America is the need to compare and contrast the case examined here with similar movements outside the region. The vast enterprise of studies on right-wing movements in Western Europe rarely travels outside a few national boundaries. Eastern Europe and the United States are occasionally included. For the most part, right-wing movements are not seen as comparable. Sometimes the reason for excluding Latin America is expressly stated, particularly because the historical experiences are so distinct—for example, the long duration of personal or military dictatorships. Interpretations of right-wing movements in Latin America by scholars outside the region tend to view them as associated with the period of authoritarian rule in the 1970s and 1980s or misunderstand them as having little impact on political life (Meyer and Staggenborg 1996, 1630). Analysis within the region has tended to focus on right-wing political parties, religious groups, or the military (Fortes 2016, Goldstein 2019; Hunter 1997; Luna and Rovira 2014). There are few studies of right-wing movements comparing regions. Latin America is thus seen as largely irrelevant to the comparative study of right-wing movements.

This article presents a new dataset of transitional justice mechanisms utilized worldwide from 1970—2007. These data complement the growing body of quantitative and comparative analyses of transitional justice. This article summarizes three important contributions made by the dataset. First, it includes five transitional justice mechanisms (trials, truth commissions, amnesties, reparations, and lustration policies), allowing scholars to avoid many of the methodological errors committed by performing single-mechanism studies. Second, it provides an expanded sample, both temporally and geographically, to facilitate greater comparative and policy impact. Third, the dataset enables scholars to analyze transitional justice across a variety of political contexts, including democratic transitions and civil wars. These data illuminate a new set of general trends and patterns in the implementation of transitional justice worldwide. The findings show that countries adopt amnesties more often than other mechanisms. They predominantly grant them in the context of civil war and to opponents of the state, rather than state agents. Courts rarely prosecute those currently in power for human rights violations. In civil war settings, rebels, rather than state actors, face trials. In post-authoritarian settings, courts try former authoritarian actors, but do not address crimes committed by the opposition to authoritarian rule. The dataset also reveals regional patterns of mechanism usage. Trials, lustration policies, and reparations occur most often in Europe. Non-European countries more frequently adopt truth commissions and amnesties than do their European counterparts, with a particularly high number of amnesties granted in Latin America.

Evidence from the Transitional Justice Data Base reveals which transitional justice mechanisms and combinations of mechanisms positively or negatively affect human rights and democracy. This article demonstrates that specific combinations of mechanisms—trials and amnesties; and trials, amnesties, and truth commissions—generate improvements in those two political goals. The findings support a justice balance approach to transitional justice: trials provide accountability and amnesties provide stability, advancing democracy and respect for human rights. The project further illustrates that, all else being equal, truth commissions alone have a negative impact on the two political objectives, but contribute positively when combined with trials and amnesty.