Category: Latin America

The Treatment of People with Disabilities in Institutional Care Settings in Brazil

 

A flag of Brazil flowing in the wind
Image 1: Flag of Brazil. Source: Yahoo! Images

Overview of the Issue 

In Brazil, thousands of children and adults with disabilities are confined to institutions for people with disabilities, facing widespread neglect, abuse, and isolation. Designed ostensibly to provide care, many of these institutions have instead devolved into detention centers where individuals are deprived of their autonomy and dignity. Reports from Human Rights Watch reveal the harrowing conditions experienced by people with disabilities in these facilities, underscoring the urgent need for systemic reform to safeguard their basic rights.  

One relevant case is that of Leonardo, a 25-year-old man with muscular dystrophy who has lived in a residential institution since he was 15. His mother, unable to care for him due to a lack of adequate support, was left with little to no choice. Like many others, Leonardo shares cramped quarters with multiple residents, with minimal privacy or control over his daily life. There are very few meaningful activities available for him to partake in, and he has seemingly no apparent opportunity to participate in society as an autonomous individual, mirroring the experiences of countless other residents across Brazil’s institutions.  

Causes of Institutionalization  of the Care for People with Disabilities 

The institutionalization of the care for individuals with disabilities in Brazil is shown through several interrelated systemic issues. First, the lack of adequate support for families plays a significant role. The government offers limited resources, and financial assistance programs, such as the Benefício de Prestação Continuada (BPC), often fail to fully meet the comprehensive needs of individuals with disabilities, which include therapy, assistive devices, and accessible housing. Without meaningful support systems, families may feel they have no alternative but to rely on institutional care.  

Brazil’s legal and systemic framework also plays a crucial role. Guardianship laws that remove legal capacity from individuals with disabilities mean that many residents in institutions cannot consent to their placement. This lack of autonomy, combined with the stigma of ableism, creates an environment where people with disabilities are treated as passive recipients of care rather than individuals who should have rights and preferences. Public perception remains rooted in ableist attitudes, which continue to limit access to inclusive services and resources.   

The COVID-19 pandemic exacerbated these disparities, intensifying existing challenges for people with disabilities in Brazil’s institutional care settings. This revealed vulnerabilities in both healthcare access and living conditions. Individuals with disabilities were disproportionately affected by the virus due to several factors, including pre-existing health conditions, limited access to adequate healthcare, and cramped, unsanitary living environments within institutions. These conditions not only increased infection rates but also made it difficult to implement preventive measures, such as social distancing and proper sanitation.   

Hospital Beds. Source: Yahoo! Images
Image 2: Hospital Beds. Source: Yahoo! Images

Problems Within Institutions for People with Disabilities 

The institutional care setting for People with Disabilities in Brazil fails to meet even the most basic standards of dignity and human rights. Living conditions in many of these institutions are deplorable. Reports from Human Rights Watch describe facilities that resemble prisons more than care centers. Physical restraints, such as tying residents to beds or sedating them, are surprisingly common. Such practices not only prevent individuals from engaging in any form of meaningful activity, but also contribute to a host of physical and psychological traumas.  

Isolation is another significant, impactful issue. Many residents are confined to their beds or rooms for extended periods, with little to no engagement in social interaction or personal development. Children, specifically, suffer due to the lack of educational and recreational activities, which then stunts their intellectual and emotional growth. This isolation leads to further stigmatization and marginalization, unfortunately reinforcing the perception that people with disabilities are separate from society and should be hidden from view, whether intentionally or not.  

The lack of oversight and enforcement of existing laws allows for egregious human rights abuses to go unchecked. In many cases, individuals are institutionalized unlawfully, deprived of family connections, and subjected to a lifetime of neglect. Children who enter these institutions often lose contact with their families permanently, which can lead to long-term emotional trauma and a deep sense of abandonment.  

Access to healthcare for people with disabilities in Brazil also remains alarmingly inadequate. Despite the legal frameworks designed to protect their rights, physical and financial barriers to healthcare still exist, compounded by a lack of training among healthcare providers to address the specific needs of people with disabilities. These gaps contribute to a high incidence of preventable health complications and reduced life expectancy.   

Efforts Toward Reform  

While Brazil has established a strong legal framework for the rights of people with disabilities, including the ratification of the Convention on the Rights of Persons with Disabilities (CRPD) and the enactment of the 2016 Law on Inclusion, the enforcement and practical implementation of these laws remain lacking in change. Legal rights exist on paper, but without mechanisms to enforce them, individuals with disabilities continue to suffer abuse, neglect, and loss of their freedoms.  

United Nations Committee on the Rights of Persons with Disabilities and many advocacy organizations have called on the Brazilian government to transition from institutional care to community-based services that prioritize individual autonomy and family support. These efforts encourage the development of small, inclusive residences and group homes to reduce the dependence on large-scale institutions. Although some of these programs have been started up, they fall short of ensuring true independence and often lack the necessary resources to fully support residents in their transition to independent living.  

Efforts to improve healthcare access are underway, focusing on providing disability-specific training to healthcare providers and addressing financial and physical accessibility challenges. These interventions are essential to improving the health outcomes of individuals with disabilities and to fostering an inclusive healthcare environment that treats people with disabilities as valued members of society.  

Looking Ahead  

The treatment of people with disabilities in institutional care settings in Brazil reveals a profound humanitarian crisis that requires focused attention. The combination of insufficient support systems, societal stigma, and legal challenges results in an environment where individuals with disabilities are denied their rights, autonomy, and dignity. While Brazil has made some strides toward recognizing and enshrining the rights of individuals with disabilities, significant gaps remain in the enforcement of these rights and in the availability of community-based alternatives to institutionalization.  

Addressing these issues calls for a multifaceted approach, including policy reform, enhanced support for families, and the development of inclusive, community-based care. By prioritizing the rights and voices of individuals with disabilities, Brazil can move toward a more just and humane society where all individuals are treated with respect, dignity, and equal opportunity.  

 

The Battle of NGOs in Nicaragua: A Human Rights Crisis

Arbitrarily detained, beaten in prison, exiled, and stripped of their nationality has become a common experience for activists in Nicaragua. This is the case of Kevin Solís, who was arbitrarily detained twice; in 2018 for allegedly obstructing public services and carrying a firearm, and later in 2020 for alleged robbery and assault. The United Nations Working Group on Arbitrary Detention determined there had been irregularities in the legal procedures of Kevin’s case, a violation of his legal rights, and a concerning threat to his rights to life and integrity. Along with Solís, another two hundred political prisoners were released in 2023, some of whose citizenship was later revoked. Nicaraguan president Daniel Ortega’s war against NGOs is rooted in his plan to crush opposition to his leadership and avoid responsibility for human rights violations.

But how did Nicaragua get to this point?

2018 was the start of a large and violent retaliation of the government against protestors. However, 5 years prior, discontent was already blooming in the Nicaraguan people’s hearts. The Nicaraguan Congress passed, on June 13, 2013, a law that affects the future livelihood of many communities, Law 840. The law deals with the development of infrastructure and free trade zones. As a result of this legal advancement, communities would be pushed out of their homes to accommodate ‘new and improved’ facilities. According to an Amnesty International report, Law 840 allows the government to authorize the construction of projects without consulting the communities that would be affected. Among those is Francisca Ramirez, whose community learned about a new project approved through Law 840 in a televised announcement by President Ortega. To their surprise, the president had sold the land they lived on to foreign investors for canal construction and subsequent amenities. Francisca and her community, along with other human rights activists, took their concerns to the streets to advocate for their rights and oppose the Canal. Yet, they were met with threats, harassment, and arrest.

Protests of 2018

Localized demonstrations in response to President Ortega’s actions continued until 2018 when large-scale protests exploded in the streets of Nicaragua. The Nicaraguan people responded negatively to the new changes the Ortega administration implemented to the social security and pension system. However, it wasn’t all about social security. Previously, widely censored media was combined with excessive use of force by police officers who were firing tear gas and rubber bullets at protestors. Hence, years of corruption and repression of peaceful protest made the population join the rally against the new social security measures. Human Rights Watch reported on the injured and death toll after initial protests, in which the Nicaraguan Red Cross claimed to have helped 435 injured people between April 18th and 25th, while the CIDH listed 212 people dead between April 19th and June 19th, 2018. In this same report, it is stated that Nicaraguan newspapers that spoke about the protests and the death toll were later impacted by the government’s agenda against media outlets that didn’t back up President Ortega. Independent and critical newspapers like El Nuevo Diario had been unable to access paper and supplies due to a blockade on imports imposed by the Ortega administration, said Carlos Fernando Chamorro, an exiled journalist and director of El Nuevo Diario. Chamorros’ exile follows the trend of journalists and communicators who have been imprisoned and forced to leave the country to speak against Ortega.

Daniel Ortega is sworn into Nicaragua’s leadership for his 4th presidential term.
Image 1: Daniel Ortega is sworn into Nicaragua’s leadership for his 4th presidential term. Source: Yahoo images

 

What does the Government have to say? 

The Ortega administration made several claims invoking laws that have increased monitoring, making NGOs’ work more difficult and giving the government grounds for forced dissolution. A legal framework was created to regulate organizations and individuals that receive foreign funding and utilize those funds to attempt to undermine the nation’s sovereignty and independence. Among some of the requirements, organizations need to present monthly reports of who their donors are or their source of income. For NGOs, this law means that whoever receives foreign funding or fails to report accurately would be stripped of their political personality. And this is exactly what happened. Invoking this framework, it was stated in an official release that the organizations had not complied with the law by reporting their finances, which also led to accusations based on money laundering laws.  

The pro-Ortega news outlet La Nueva Radio Ya called the 2018 protest a “coup” orchestrated by NGOs associated with organized crime and international organizations like the OEA (Organization of American States) and IACHR (Inter-American Commission on Human Rights) who want to push an imperialistic agenda into the Nicaraguan people. The article dismissed the reasons for the protests as well as the number of injured and dead protestors. Instead, it focuses on the number of police who were injured and killed, claiming there was never such an assault against the national police force, which in turn shows that the protests were not peaceful. Equally, it holds that the “failed coup” led to kidnappings, assaults, torture, murder, and a great impact on the jobs and the incomes of many families.

Nicaraguans protesting in 2018 after changes to the pension system.
Image 2: Nicaraguans protested in 2018 after changes to the pension system. Source: Yahoo images

 

NGOs have faced villainization and limitations of their funding and activities because they were thought to be too politically involved. Staying on trend with other democracies and post-soviet governments, after the events of 2018, Daniel Ortega’s administration escalated violations of free speech and freedom of assembly, starting a public crackdown on individuals and groups who spoke against his leadership. In addition to the medical associations, climate change, education, and more, one type of largely targeted NGO was religious. So far, clergy members have been imprisoned and exiled, catholic churches and universities have shut down, and the legal standing of charities has been revoked. On the last round of suspensions on August 19th, 2024, hundreds of the 1,500 NGOs were small faith groups whose property may be seized.  

Ronaldo Alvarez, a Nicaraguan bishop, put a target on his back after speaking on human rights issues and the retaliation of the government against religious organizations. He was under house arrest in his home and later at his parent’s house while he was investigated for inciting violence. The priest was later accused of “conspiracy against the government, carrying out hate acts, and damaging society.” Others, such as priest Oscar Benavídez, were indicted at the prosecutor’s office on unknown charges.

Daniel Ortega is sworn into Nicaragua’s leadership for his 4th presidential term.
Image 3: Bishop Ronaldo Alvarez. Source: Ramírez 22 nic, CC BY-SA 4.0, via Wikimedia Commons

 

Reactions of the International System and Future Implications 

The United Nations General Assembly released the resolution 49/3 calling for the protection of human rights in Nicaragua. The resolution includes requests for the Government to fully cooperate with the monitoring and reporting of human rights, including the free passage of human rights groups to assess the country’s conditions. The Inter-American Commission of Human Rights (IACHR) has also pronounced itself on the crimes against humanity perpetrated in the state and encouraged accountability for human rights violations. The press release cited the impactful reports it had filled on the closure of universities, crackdown of media outlets, and repression against Indigenous and Afro-descent who opposed the government. At the same time, the IACHR followed suit; the U.S. imposed sanctions and additional actions, such as visa restrictions on Nicaraguan officials who were involved in the imprisonment and violence against religious institutions and religious leaders. The international system is concerned with the violent developments in Nicaragua and the lack of accountability. However, the ability of international instruments to punish is limited, and without the cooperation of the rest of the international community, Nicaraguans won’t receive much outside help. 

 

No NGOs to advocate for the rights of the people they protect means there are no organizations with enough structure and funding that can help people in a situation where the oppressor is the state. These groups were able to provide individuals with resources and programs that the government didn’t or was unable to. Now, their access to the safe spaces NGOs create is rapidly crumbling down. The persecution of NGOs should be addressed by a large number of actors in the international system to apply pressure on the Ortega Administration and support Nicaraguans. Although the fate of Nicaraguan-based NGOs is uncertain, check out other organizations that survived the last wave of suspensions, like El Porvenir (The Future). 

Brazil Decides in Landmark Court Case to Grant Land Rights to Indigenous

by Delisha Valacheril

Image 1. Indigenous Representatives Speaking with Local Leaders in Brazil. Source Flickr.
 Image 1. Indigenous Representatives Speaking with Local Leaders in Brazil. Source Flickr.

A jubilant celebration of color erupted as several indigenous leaders and activists gathered outside the courthouse adorned in tribal wear and brilliant headdresses to rejoice in the top court’s decision to rule in favor of their land rights. Dubbed the “trial of the century,” Brazil’s Supreme Court decided against a so-called cutoff date restricting Indigenous people’s claims to their traditional lands. Demarcation of ancestral lands is essential in preserving Indigenous human rights. By protecting these lands, indigenous communities can aid in conservation and preserve their cultural integrity. It is reported that 29% of the territory around indigenous lands in Brazil has been deforested, according to the Amazon Environmental Research Institute (Ipam). Now that the native people can access their roots, they can help preserve what is left. This decision also provides legal ramifications against land poaching or exploitation, which applies to several indigenous areas throughout the Amazon. Addressing historical injustices is a crucial step to ensuring that these communities can enjoy a more equitable and sustainable future.

Image 2. Tribal Chief at Land Protest. Source Flicker.

Context

On September 21st, the Federal Supreme Court had to decide whether or not the native people’s right to their territories predated the Constitution of Brazil formulated in 1988. The Justices followed the precedent set up by the Inter-American Court of Human Rights, which states that the right continues as long as their “material, cultural, or spiritual connection” with the land persists. This case has been brewing in the nation for quite some time. The dispute stems from Santa Catarina’s legal battle against the Ibirama-La Klãnõ Indigenous Land. The Xokleng tribe sought to regain their ancestral land from the state of Santa Catarina. The state used the “Marco Temporal” legal argument, which prohibited Indigenous Peoples who were not living on the land when Brazil’s current constitution was enacted in 1988 to apply for land demarcation. This is gravely prejudicial, given a significant part of the indigenous population was expelled and displaced during Brazil’s two decades of military dictatorship. Numerous tribal communities were killed and displaced due to that repressive system, which included the invasion of land, forced labor, displacement, and other human rights violations.

With this in mind, hundreds of activists have flocked to the capital, demanding respect for the rights that were stolen from them. These activists advocate for land traditionally occupied by indigenous people to be reserved for their perpetual possession. They are the natural owners of the land, so it should belong to them. They also argue that the natives can conserve the land much better than the local government. Traditional habits and customs of the indigenous are the most significant deterrent to deforestation. However, there are some critical opponents to this viewpoint. Individuals involved in the agribusiness sector and those on the far right are stronger than ever in National Congress, upholding the time limit principle. This decision opposes their farming interests because they want that land to grow their business. Currently, Indigenous reservations cover 11.6% of Brazil’s territory, notably in the Amazon. This area is rich in biodiversity, making it ideal for agricultural commodities. However, ruling against business interests could exacerbate violence against Indigenous peoples and escalate conflicts in the rainforest.

Image 3. Indigenous People Protesting Brazil Government. Source Flickr.
Image 3. Indigenous People Protesting Brazil Government. Source Flickr.

Historical Significance

The Xokleng, the tribe responsible for taking this case to the highest court in the country, was nearly wiped out by Italian settlers who were granted “uninhabited” land in the State of Santa Catarina by the Brazilian government during the 20th century. They were pursued by “bugreiros,” or hired hunters, who were sent into the forest to hunt down and exterminate the Amazon’s native inhabitants. After that mass extermination, how can the government uphold such a discriminatory precedent? The Xokleng are the rightful owners of the land because the Brazilian government forcibly removed them. Marco Temporal is a complete infringement on human rights. The tribe was almost decimated in the 1900s, and the law stated indigenous people living on the land past 1988 had a right to the land. Examining this from a historical viewpoint further illuminates the egregiousness of the situation. The Supreme Court of Brazil found this law inherently unfair because the same government that invaded indigenous lands could not decide on the legality of their land rights.

Conclusion

While this is a historic milestone for indigenous communities, the work is not over. Though land demarcation is critical in the pursuit to secure the rights of Indigenous Peoples, it does not, by itself, sufficiently protect ancestral land. We must hold the government accountable to implement an active, systemic policy that enshrines Indigenous rights from violence, especially violence committed by anyone who illegally trespasses into their territory. Additionally, they must have unhindered access to their territories. From a human rights standpoint, defending indigenous rights is critical because it resolves past wrongs, assures access to necessities, fights discrimination, and upholds justice, equality, and respect for the dignity of all people and communities.

El Salvador Being Counter-Productive

When it comes to political corruption, the first countries that come to your mind are probably prominent ones that you have heard about in the news such as North Korea, Venezuela, Iraq, and countless many others. This article will concentrate on a smaller country that is having a more profound impact on the human rights of its citizens: El Salvador. It will be done by analyzing the leadership of its president, Nayib Bukele, and how he transformed the political and social landscape of Central America by going head-to-head with gangs and crime. His actions, rather than lowering crime in his country, have only exacerbated the crisis. While many Western citizens believe that taking the fight directly to the front is justified and right, it actually does not remedy the cause of the violence: a lack of socioeconomic stability and development.

 

The Problem

El Salvador is the tiniest country in Central America, but it was nicknamed the “murder capital” of the Western hemisphere because of the severely high homicide statistics in the world, excluding war zones. Gangs run rampant and have a staggering amount of control over the population as they facilitate the transfer of drugs and materials from the black market. For years, the previous government administrations ineffectively attempted to damper these issues, but they were unable to, which led to the rise of Nayib Bukele.

 

Who is Nayib Bukele?

With his rise to power as President of El Salvador in 2019, Nayib Bukele became the face of a new era of political aspirations for the people of his country. However, despite the pressures that came with him being the youngest governmental leader in Latin America at age forty-one, he faced the more daunting task of creating a government that would do away with the corrupt administrations prior to his own. By creating a political party under the name, “Nuevas Ideas”, with its English translation being “New Ideas,” while previously serving as the mayor of San Salvador, he advocated for change against the political establishment. He initially relied on the Frente Farabundo Martí para la Liberación Nacional (F.M.L.N.), a major political party that rose to power after the war between the guerrilla and government forces. The organization returned the favor years later by helping him win the office of mayor of San Salvador. However, it was his ability to form an independent party for his presidential campaign that caught the attention of the public. By becoming a political outsider, Bukele corruptly used this publicity and power of being the unheard-of candidate, and later incumbent president, to crack down on the gangs and rise in crime that have dominated the streets and consequently, which had a negative influence on the standard of living for all Salvadorans because the manner in which he did so was morally and legally wrong.

 

So far

On June 1, while speaking to celebrate the beginning of his fourth year as president, he renewed his promise to construct a prison that would contain criminals and gangs. This prison, later named the Center for Confining Terrorism, was built with the idea of housing over forty thousand inmates together. Bukele, in order to present a strong front against gangs, temporarily removed constitutional rights within the country, enabling those even under suspicion for being a criminal or being a part of a gang to be arrested without any form of trial or due process. Policies that control and get rid of crime are necessary and should be implemented to the fullest extent that they can, but this course of action is not representative of a democracy but rather a dictatorship. By referencing himself as “the coolest dictator in the world,” he is recklessly enforcing a vision of control that directly disobeys the constitution of his country. Furthermore, Bukele has allowed tens of thousands of armed military personnel to roam the streets of various cities, which he then justified because it worked in one city. These measures, along with multiple drone flybys over cities and sudden detainments of any citizen, strip Salvadorans of their basic human right to live without fear of being wrongfully imprisoned. A government that rules with fear is one that does not properly rule at all because the purpose of government is to provide hope and help to people in ways that others cannot.

Image 1 – Source: Yahoo Images; The unnecessary torture of prisoners being for the public to witness and hopefully enact action.


Ending it once and for all?

Image 2 – Source: AmnestyUSA; An image of citizens taking to the streets to demonstrate how pressing of a matter it is.

Going forward, Human Rights Watch (HRW) has provided solutions for how to better solve issues with crime and gangs in El Salvador. They directly addressed various contributors to human rights violations, such as the Bukele administration, legislative body members, the attorney general, and other government officials. The most compelling course of action given to the Bukele administration was to confront why someone would want to join a gang, which would consist of resolving the economic and educational disparities that deprive citizens of having the chance to maintain a prosperous lifestyle. Putting people behind bars is seldom the answer to reducing crime because it does not address the issue at its core. For the legislative body, the HRW recommends that they immediately terminate the state of emergency that has allowed President Bukele to enforce soldiers in the streets and imprison any person with suspicion of being in a gang. Applying this course of action will be a challenge for the legislators because of their unicameral body that has typically leaned towards supporting Bukele.

Final Say

Image 3 – Source: AmnestyUSA; An image of family that represents plenty of other families that could be experiencing similar  hours.

The human rights violations that have exponentially grown in El Salvador are because of the discourse and leadership of President Nayib Bukele and his advocators. They believe that they are effectively getting rid of gangs and other forms of crime in their country, but the manner in which they are doing so has caused them to have a destructive aftermath on citizens who want no part in this war. Furthermore, the deterioration of conditions in prisons that are already housing an increasing number of inmates demands the attention of people from around the world as these atrocities deserve to be seen and heard so that its enablers are held accountable.

 

 

Food Insecurity: Ecuador and the Global Poor

Since 2014 and the COVID-19 pandemic, food insecurity has been steadily rising, with hundreds of millions being threatened by malnutrition and hunger. In 2020, above 30% of the global population was found to be moderately or severely food insecure. Food insecurity affects different populations in distinct ways, and in order to understand this more clearly, we examine Ecuador. Here, historical contexts have unique influences on food insecurity, but also, this nation exemplifies the reality that low-income nations face when combatting hunger. 

Facts and figures of food insecurity in Ecuador 

Hunger is an issue that is widespread globally and within Latin America and the Caribbean. In fact, researchers Akram Hernández-Vásquez, Fabriccio J. Visconti-Lopez, and Rodrigo Vargas-Fernández found that the region has the second-highest figures for food insecurity globally. The region is also predicted to be the fastest-growing in food insecurity rates. 

Ecuador is just one example of why food insecurity manifests and in which populations. The country is ranked second in the region for chronic child malnutrition: 23% of children under five and 27% of children lack access to proper nutrition. 

According to the Global Food Banking Network, an international non-profit focused on alleviating hunger, 900,000 tons of food are wasted or lost yearly in Ecuador. This is an alarming statistic considering that 33% of the population experienced food insecurity between 2018 and 2020 一 a threefold increase since 2014-2016. 

Economic conditions have only been heightened in the pandemic, leading to widespread protests across the nation by indigenous people demanding equitable access to education, healthcare, and jobs. In sum, indigenous people cannot afford to get by, exacerbating existing food insecurity.

A man holding a protest sign with a few people to the left.
Figure 1: Source: Flickr, Motoperu; Protesters holding a sign that says “No more injustice, eliminate lifetime presidential salaries,” Cuenca, Ecuador.

Maria Isabel Humagingan, a 42-year-old Indigenous Quichua from Sumbawa in Cotopaxi province described why she was protesting to Aljazeera reporter Kimberley Brown. 

“For fertilizer, for example, it used to be worth $15 or up to $20, now it costs up to $50 or $40. Sometimes we lost everything [the whole crop]. So we no longer harvest anything.”

During a time when global inflation is rising, it is the poorest people who are at the most risk. Even those who used to live on subsistence farming are vulnerable. The United Nations Food and Agricultural Organization (FAO) found that Ecuador’s food insecurity had risen from 20.7% to 36.8% in one year during the pandemic, and it is apparent that indigenous peoples are the most at risk during this time. 

This is not to mention the fact that during a time when global hunger is growing, there is a disproportionate impact on women. Ultimately, food insecurity, while complex and layered, is a mirror of the prejudices and inequalities of society. In order to better understand why and who is impacted, we first need to understand two components: is food available (production and imports), is the food adequate (nutritious), and is food accessible (affordability)? 

Factors behind food insecurity in Ecuador and beyond 

Environmental Racism 

Ecuador has a long history of environmental racism, and for the sake of brevity, we will be focusing on the practices of Texaco/Chevron and its impact on soil fertility. 

Victoria Peña-Parr defines environmental racism as,

“minority group neighborhoods—populated primarily by people of color and members of low-socioeconomic backgrounds—… burdened with disproportionate numbers of hazards including toxic waste facilities, garbage dumps, and other sources of environmental pollution and foul odors that lower the quality of life.”

From 1964 to 1990, Texaco (which merged with Chevron in 2001) drilled oil in the Ecuadorian Amazon. Over 16 billion gallons of toxic wastewater were dumped in water sources and unlined open pits left to seep into the soil and devastate clean water sources for people and agriculture. Additionally, 17 million gallons of crude oil were spilled in the disaster now known as “Amazon Chernobyl.” Ecuadorians, a good majority of which were indigenous peoples displaced from their land due to environmental destruction, levied a suit against Chevron which was won in February 2011. 

Indigenous people standing behind and looking at an open and unlined oil pit.
Figure 2: Source: Yahoo Images; Indigenous people overlooking one of 900 unlined, open oil pits from Chevron.

During the judicial process, 916 unlined and abandoned pits of crude oil were found. The human rights implications of this historic case and horrifying disregard for human and environmental safety are lengthy, in order to learn more read this blog by Kala Bhattar. 

With this brief background in mind, it is clear to see how this would impact agricultural production, particularly in rural areas where indigenous persons live. Moreover, Afro-Ecuadorians, while only making up 7.2% of the population, are 40% of those living in poverty in the entire country. Most Afro-Ecuadorians live in the province of Esmeraldas, one of the poorest in the country, where most people live off agriculture and “85% of people live below the poverty line.”

UN experts have found that this population is the most vulnerable to environmental racism, suffering from systematic contamination of water supplies and intimidation. 

As people suffer through the impacts of a ravaged environment, they must continue to rely on subsistence farming without aid. When crops fail to provide enough economically and for individual families, many go without in this impoverished region. 

Climate Change

Global warming is leading to changes in weather patterns that have a serious impact on agricultural production 一, particularly in low-income countries that rely on seasonal rains, temperature, and other factors. 

Climate change has also led to more severe and deadly disruptions, from hurricanes and earthquakes to monsoons, flooding, and mudslides. Ecuador has been suffering from these climate changes, despite only producing 2.5 metric tons of CO2 emissions per capita (the US comparatively emitted 5,222 million tons in 2020). 

Specifically, Ecuador has suffered from a lack of water, specifically irrigation water, landslides, droughts, and heavy rains. The last two aforementioned climate impacts are particularly salient issues as it has impacted seed development by not allowing them to germinate or produce. 

Image of a map with areas ranging from blue to deep red to indicate areas under threat by climate change. Latin America, Sub-saharan Africa, and Southeast Asia are the most threatened.
Figure 3: Source: Yahoo Images, Mannion, et al. in Trends in Ecology & Evolution; Worldmap where biodiversity is threatened the most by climate change.

In all, the consequences of climate change are having disproportionate effects on low-income states globally in spite of the that they have historically contributed very little to greenhouse emissions. The worst impacts are on nations surrounding the equator and countries with relatively hot climates 一 both of which tend to be low-income countries. 

Ukraine War

Due to the ongoing war in Ukraine, food prices have been rising. Ukraine is a leading wheat producer globally. It is the seventh-largest producer of wheat, supplies 16% of the world’s corn, and 40% of the world’s sunflower oil. In the summer of 2022, 22 million tons of grain were stranded in Ukrainian ports, causing mostly low-income countries to feel the growing threat of food insecurity. 

Additionally, Ukraine supplied 40% of the World Food Programme’s (WFP) wheat supply. The immediate impact of this is clear in the 45% increase in wheat prices in Africa alone, while any country that receives aid from WFP (which Ecuador has since 1964) is threatened directly by the situation. 

As food prices continue to soar, the price of food sold within lower-income nations remains the same, creating a gap between cost and production. The conflict has also led to increases in the price of fuel and fertilizer, leading to food insecurity in many countries beyond just Ecuador. The war in Ukraine has disrupted global food supply chains and led to the largest global food crisis since WWII. 

Hunger and the human right to food 

There has long been a precedent in the international human rights framework for the right to food, beginning with the first declaration (unanimously accepted) in 1948. In Article 25 of the Universal Declaration of Human Rights (UDHR), the right to an adequate standard of living is guaranteed to everyone with the express mention of food. Fast forward 20 years later, and once more, Article 11 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) reiterates (almost identically) the right to food. 

The ICESCR actually expounds further on a state’s responsibility to free everyone from hunger, specifically outlining that either individually or through international cooperation specific programs should be developed to address food insecurity and hunger. Moreover, the covenant addresses that food-importing and food-exporting countries should both be reviewed for problems that would impact the equitable distribution of food globally. Lastly, agrarian systems should be reformed to address nutrition and achieve maximum utilization and efficient use of agricultural resources.

Image of a bowl with the words “Zero Hunger” from the 2015 UN Sustainable Development Goals.
Figure 4: Source: Yahoo Images, United Nations; Logo of the second Sustainable Development Goal to end hunger.

In 1999, the Committee on Economic, Social, and Cultural Rights convened to review the progress to end hunger. General Comment 12 reiterated the obligation of states to fulfill the aforementioned responsibilities. Most crucially, however, was the specific mention that states must immediately address issues of discrimination that plague food insecurity. In the case of Ecuador, it is clear that this remains a salient issue. 

Most recently, in 2015, during a historic UN summit, world leaders adopted 17 objectives to be achieved by 2030. Known as the Sustainable Development Goals (SDGs), the second objective is to create a “Zero Hunger” world by 2030. 

Conclusion: Fighting Food Insecurity 

According to the World Food Program, 60% of the world’s hungry live in areas afflicted by conflict. There is no simple way to end a conflict, but it is crucial that all states remember their commitments to the SDGs and ICESCR. This means that states need to step in to provide nutritious food when a home state will not or cannot. Just like Red Cross, journalists, and other humanitarian organizations are protected by international humanitarian law from being targeted in conflict, so too should persons ensuring food access to people. Moreover, countries should address the factors that contribute to food insecurity such as environmental racism and climate change. 

There is no one solution for this issue since there is no single cause. However, by refusing to accept these conditions, learning more about the causes and conditions of food insecurity, and demanding more, we can begin to bring about a world that truly is free from hunger.

  • Food Insecurity in Birmingham, AL by Mary Bailey
  • America: The Land of the Hungry by Kala Bhattar 
  • The Right to Food: A Government Responsibility by Zee Islam 
  • Donate to the World Food Program
  • Learn more and get directly involved with SDGs 
  • Follow @uab_ihr for Speaker events, blogs, and to learn more about supporting human rights locally and globally

 

Parallels of Democratic Turmoil: Looking at Riots in the U.S. and Brazil

People filled the plaza in the place where all three powers of governance meet in Brasília, Brazil. A sea of green and gold as hundreds of citizens displayed their nation’s colors before entering the seats of power, destroying property, and overpowering the police. People climbed to the roof of the Congress building and unfurled a flag that read “intervention.”

Raging riots in the wake of a new presidency

On January 8th, 2023, citizens stormed Brazil’s Congress, Supreme Court, and presidential offices in objection to the newly incumbent President Luiz Inácio Lula da Silva. Their rage and fear came after the loss of former president Jair Bolsonaro and a false belief that the October 2022 election had been rigged. 

Bolsonaro had steadily fostered suspicion against the integrity of Brazil’s voting system for years, even making such false claims on his 2022 campaign trail. After being ousted, his refusal to concede, alongside his previous claims of fraud, left his supporters reeling. Many demanded for months that the military step in and deny letting da Silva take office on Jan. 1st. 

While the military did not listen to the demands, they did not completely rule out the possibility of vote rigging either. In spite of the fact that the Defense Ministry found no evidence of fraud during the election, one comment stated that “It is not possible to guarantee that the programs that were executed in the electronic voting machines are free from malicious insertions that alter their intended function.” No evidence has been found to support this conjecture either. 

A large plaza with a statue of two elongated figures, the Brazilian flag flying, and buildings in the distance.
Figure 1: Source: Flickr, Leandro Neumann Ciuffo; Three Powers Square with Os Candangos statue and National Congress building in the background, Brasília, Brazil.

In the wake of growing suspicions and conspiracies, Bolsonaro supporters, known as “Bolsonaristas,” stormed the Three Powers Plaza (named after the three branches of governance located there) in a massive demonstration that soon turned violent. 

The facts and events of the U.S. and Brazil riots

The similarities between January 6th, 2021 in the United States and January 8th, 2023 in Brazil are stark. Aside from the dates themselves, both these events signal serious declines in trust in democratic institutions. 

In both instances, supporters overpowered police before entering capitol buildings, breaking windows, stealing items, and documenting their own crimes in the offices of elected legislators. 

People holding flags in support of Trump while pushing against federal police in SWAT gear.
Figure 2: Source: Yahoo Images; Rioters in Washington, D.C., Jan. 6th, 2021.

When capitol riots in the U.S. occurred, it was during the ceremonial certification of the election results and interrupted this important step before President Biden’s inauguration. On the other hand, in Brazil, President da Silva had already taken office nearly a week before. When demonstrators arrived, congress was not in session, nor was anyone within the buildings that Sunday.  

A crowd of people fighting with people in SWAT gear amid smoke on the street.
Figure 3: Source: Flickr, The Pursuit Room; Bolsonaristas riot at the Brazilian capitol against federal police.

This distinction, while slight, is significant to note because, during the time of the riots in Brazil, the actual transition of power had already occurred. In the case of the U.S., the symbolism surrounding the counting of ballots represented a key component of the democratic transition. 

Moreover, in the U.S., citizens only targeted the Congress building, while Bolsonaristas also attacked the presidential palace and Supreme Court. This aligns further with claims that Bolsonaro had made during his term about the Supreme Court conspiring against him. 

Of most importance, and concern, is how federal police responded initially in Brazil. In the case of the U.S., many sources reported that security forces had been unprepared for such escalations, but in Brazil, channels to “invade Congress” had formed on the apps WhatsApp and Telegram. These channels had gathered tens of thousands of followers. Bolsonaristas had formed groups across the country with the intention of renting buses to the capitol for “violent anti-government action.” 

In spite of the clear evidence pointing towards citizen insurrection, the Federal district police and military police took no action. During the riots, many security forces were seen smiling, taking photos, and interacting with Bolsonaritas. 

Transnational connections in far-right groups

Just as former president Donald Trump had attempted to undermine the legitimacy of the 2020 election result, so too had Bolsonaro engaged in making the same false claims over vote-rigging. Incidentally, Bolsonaro had come to be known as the “Trump of the Tropics” during his time in office. But false claims over vote rigging don’t end with these two heads, former aids, current politicians, and social media play a crucial role in fostering anti-democratic extremism. 

Two years after the riots in the U.S., concerns over the legitimacy of Brazil’s election have been a contentious topic among far-right groups in the United States. These groups do not know anything about Brazilian politics, however, social media has connected the two continents to reinforce illegitimate beliefs about the accuracy of democratic processes. 

An image of a smartphone on a wooden table displaying different social media apps.
Figure 4: Source: Yahoo Images, Sankt-Petersburg Russia November 11, 2017; Social media apps on a phone.

During the 2020 U.S. election, conspiracies over the voting machines manufactured by Dominion Voting Systems and Smartmatic had been extremely popular in supporting false claims of vote rigging. Now, these conspiracies have re-emerged but in the context of Brazil, circulating online and in far-right media, despite the fact that neither company’s products were used in Brazil. These lies have found their way onto Twitter, Facebook, Reddit, Truth Social, and Gettr (alternative platforms popular on the right). 

During the Brazilian riots, Bolsonaristas held a banner that stated “We want the source code” in both Portuguese, the nation’s most spoken language followed by Spanish, and English. This is a direct reference to the conspiracies spread first in the U.S. further emphasized by the languages of choice. 

Moreover, dating back to October, Steven Bannon, former Trump aid, has been drawing parallels between the Brazilian election and the U.S. on his podcast. Sites like The Gateway Pundit have published blogs the morning after the first round of elections in Brazil about “MASSIVE fraud” and Matthew Tyrmand, a conservative activist, has repeatedly pushed the idea that Smartmatic machines were used in Brazil to tens of thousand on Twitter and Gettr. 

Incidentally, Bannon, who has also been pushing for supporters to run in local elections and become election workers and poll watchers, has developed close ties with Bolsonaro’s family.

According to Madeline Peltz the Director of Rapid Response at Media Matters, a left-leaning non-profit and media watchdog, “There’s a sympathetic audience for it in Brazil, and there’s certainly a sympathetic audience for it in the States. The building of a coalition between those two groups is really a win-win for Steve Bannon and the right-wing movement broadly.”

In Germany over a dozen were arrested in 2021 for planning to overthrow the government, while in Australia, the U.S.-centric conspiracies over machine-based voting fraud (even targeting Dominion again) had to be publicly debunked by the Electoral Commission. 

In the end, far-right groups are taking inspiration in each other. Not from a shared set of goals or identities, but from their refusal to accept a candidate’s loss stemming from deep-seated anti-democratic stances. With social media to bridge distances and languages, it has become ever harder for governments to stop false election claims and silence the dangerous rhetoric of election deniers. 

Political environments and human rights

The United Nations maintains democracy as one of its core values alongside promoting international cooperation and human rights. 

Democracy does not always equal or improve human rights. However, the values outlined in normative human rights frames overlap significantly with democratic governance. Democracy provides environments that are more likely to support human rights, as is the case with Articles 8 (right to national tribunals), 9 (arbitrary arrest), 10 (right to a fair trial), and 12 (arbitrary interference) in the Universal Declaration of Human Rights (UDHR) just to name a handful. 

In countries with weak rule of law, government institutions, and corruption, there is a 30 to 45% increase in the risk of civil war and a higher risk of extreme criminal violence. Any country can suffer from one or more of these factors which then threatens the personal security of people and their human rights. 

According to Freedom House, a non-profit that conducts research on democracy, human rights, and political freedom, the last 16 years have been marked by a democratic decline globally. For example, President Nayib Bukele in El Salvador has undermined democratic institutions designed to check executive power. In Peru, riots for the past five weeks have demanded the government disband the legislature and president in favor of new elections, and in the most extreme case, that the military step in to rule. As the youngest democracy in Latin America (restored in 2001), Peru has long suffered poor living conditions which have made the population steadily view the government as corrupt, ineffective, and unfair. In fact, a 2021 poll from Vanderbilt University found that only 21% of the population was satisfied with democratic rule. 

Brazil is a young democracy, previously under a military dictatorship between 1968 and 1985. Considering Bolsonaro’s praise of military rule in office, and the attack on all three democratic institutions, the riots on Jan. 8th signal a larger issue 一 a rejection of the democratic results overall. 

In the case of Brazil specifically, Bolsonaro’s term was marked by rises in violence, especially against Queer people, diminished environmental protections, and displacement of indigenous peoples. 

Conclusion

While citizens always have the right to self-determination, this does not give anyone the right to inflict harm on someone’s personal security or engage in violent acts. In a democracy, tides are always able to change, switching between ideologies and agendas based on the popular vote of the nation. In the case of Chile, violent demonstrations did prompt a constitutional rewrite, however, once this democratic process began the violence ceased and turned towards peaceful demonstrations. 

As President da Silva begins his new term, he will be faced with many challenges to unite Brazil. However, he has already taken major steps in the wake of the riots, arresting hundreds in a single day, beginning an investigation, and removing individuals from security positions. 

For us, we must remain committed to the values of human rights, recognizing the inherent dignity of everyone and continually striving for equity and equality. To do this, we must have faith in the governments that ensure us these rights, and in the cases that do not, we must organize peacefully, research and reach out, and live our lives by our belief in human rights. 

To learn more and get involved, visit these sites and blogs below: 

Haiti: How will this end?

Peace in Haiti is akin to a momentary breath of fresh air. Gripped by the terror of political and humanitarian crises since its founding as the world’s first Black republic, Haiti is constantly reeling from one cause of instability to the next.

Two children in tattered clothes walk through a trash dump
Source: Yahoo Images

Today’s maelstrom of political inaction, violence, and human rights disasters in Haiti is rooted in a story that reaches back to its colonial past. After liberating itself as a French colony, Haiti was forced to pay reparations for the descendants of their French slave masters and lost “slave” property. Haiti took loans from French and American banks, in turn, providing more economic growth for French Banks. France essentially controlled the main bank of Haiti so much that the country became one of France’s largest financial conglomerates. When Haiti was unable to pay back American loans with interest, then President Woodrow Wilson ordered an invasion of Haiti that lasted 19 years. On top of economic repression, Haiti continuously experiences natural disasters that it is not equipped to recover from. Located in the Caribbean, Haiti experiences earthquakes and hurricanes at alarming frequencies each reintroduces economic, political, and health crises that compound existing tensions.

Coupled with military invasions from the United States and other developed countries for the sake of democratic civility, Haiti’s fate has been taken away from Haitians and toyed with by other powers. Haitian officials were also notoriously corrupt and either capitalized off their role as figureheads for invading powers or stealing from an already poor populace.

How did Haiti arrive here?

On July 21st, 2021, former Haitian President Jovenel Moise was assassinated following a presidential term riddled with election fraud and economic disasters, including increases in gas prices that left the Haitian public seething. In recent decades, Political corruption and mishandling of national resources have depleted Haiti of economic strength, continuing to repress the middle class and poor. In August 2021, a 7.2 magnitude earthquake struck Haiti, killing hundreds of thousands of people, from which Haiti is still trying to recover.

After Moise’s death, his successor, President Ariel Henry, took charge of Haiti’s administration. Still, Haiti has fallen farther down a black hole with worsening crime rates, gang violence, inflation, healthcare crises, and fuel shortages. Backed by the Core Group, a conglomerate of countries including the United States, Canada, France, UN Representatives, and the Organization of American States, Henry has done little to alleviate Haiti’s crises.

In September 2022, Henry eliminated federal fuel subsidies to increase government funding, which caused gas prices to spike immediately. The G9 Family and Allies, a coalition of the most powerful gangs in Haiti, blocked public and government access to Varreux, Haiti’s largest fuel terminal, in retaliation to Henry’s new policy. International travel slowed and goods transportation to outer markets halted leading down a spiral of fear, financial misplacement, and dwindling basic necessities such as food, healthcare, hygiene, and safety.

Political Instability

People flee a burning building
Source: Yahoo Images

The oil terminal, Varreux, holds almost 70% of Haiti’s fuel reserves; without it, every industry has taken a hit from this disruption. Local businesses, homes, hospitals, and schools shut down with no energy to serve the people. Many hospitals have already closed, and others are temporarily running on generators. Due to rising global inflation, the cost of flour, wheat, oil, shortening, and many other resources that the country imports on a deficit rose. To make matters worse, the G9 has also blocked Haiti’s ports, slowing the shipments of emergency fuel. Because of this, most Haitians cannot pay the difference inflation has burdened them with, and the government is also not in a position to help.

Gangs, either a part of G9 or not, control the streets of Port-au-Prince, Haiti’s economic hub and a major transportation route for resources and goods going in and out of the country. Violence blazes through every street of the capital city and beyond, so much so that businesses have shuttered, and people refuse to go out into the streets for fear of dying, being kidnapped, and becoming a victim of a massacre. Ultimately, food can’t be made and people can’t venture out to get food, leaving families starving. The U.N. has stated that Haiti is facing an acute hunger catastrophe, the worst the country has seen in decades, with over 4.7 million adults and children without adequate nutritional resources. Since gangs also control transport on the roadways, water tankers and other necessary resources are not reaching the communities where people have been desperately waiting, leading to water shortages.

Another emerging problem within Haiti is the current deadly cholera outbreak, an infectious disease carried by water-borne parasites that causes uncontrollable diarrhea and dehydration to the point of death, if left untreated. The depth of this crisis is exacerbated as Haiti was declared cholera-free after successfully controlling the disease for three years. But because access to clean water, hygiene, and healthcare is limited in the current civil unrest, the Haiti Ministry of Public Health and Population has reported 1,193 confirmed cases, 13,672 suspected cases, and 288 confirmed deaths. The most vulnerable are children 1 to 4 years of age. The first case was recorded in Cite Soleil, a coastal town overrun with gangs since Moise’s assassination last year, highlighting the impact of this untimely death on the health of those in Haiti.

Sexual Violence

In wartime, rape and sexual assault are employed by invading or territorial forces as tools for fear, power, and subjugation. Haitian gangs have perpetrated widespread rape and assault against all ages of women, children, and, less commonly, men. The United Nations Integrated Office in Haiti (BINUH) released a joint report detailing the above by conducting and analyzing over 90 interviews with incident victims and witnesses over the past two years to uncover information on the pervasiveness of collective rapes and public humiliation. Although this report is not exclusive to post-G9 control, the amount of sexual violence is unimaginable now.

Women and girls are afraid to cross the “frontlines,” the name ascribed to territories controlled by gangs, for necessities, because sex is viewed as a form of currency, voluntary or not. Families may encourage this form of “transactional behavior” to gain food, water, and other resources as their power lies in weapons, political power, geographical power, and fear. Another UN report describes women used as handles for high-ranking men in gangs. Victims can be raped and assaulted for hours in front of family or friends, and mutilation and executions are common afterward.

International Response

Over the past couple of weeks, United Nations Security Council members deliberated to formalize an action plan to weaken the gangs’ control of Haiti effectively. As a result, the Security Council adopted a targeted arms embargo, freezing assets and putting individuals, or those supporting the gangs in Haiti, on travel bans. These people include the leader of G9, Jean “Barbeque” Chezier, the perpetrator of much of the violence and humanitarian crisis that Haiti is experiencing.

Security Council member states cannot permit travel or weapons sales to these individuals within Haiti’s borders. As another aspect of the adopted plan, military equipment shipments have already been dispatched to Haiti’s police force to help quell unrest. Canada is confirmed to send in armored vehicles to the Haitian authorities in addition to officials to conduct a “needs assessment” of Haiti. The United States has imposed sanctions on Haiti for drug trafficking and gang violence; though tactically sound, the move further cripples Haiti by hacking off an economic power source.

Some Haitians remain uncomfortable with foreign intervention. Past interferences from the international community have shaped Haiti’s present, overcome with lawlessness and despair. Yet, despite the history, the West and some Haitians still believe their interference may be Haiti’s best bet. There is no objection that Haiti must be helped; its recent designation as an aid state, a nation at the mercy of foreign aid, further exacerbates the conditions of Haitian citizens. The question that the world and Haitians are pondering is: how can the world help without causing a chain reaction to an even worse fate than the present?

If you would like to learn more about Haiti’s history, here are some resources that provide great insight into aid services and current events: https://www.mic.com/impact/how-to-best-help-haiti-according-to-haitians-82850703. They include Hope for Haiti, Team Rubicon, the World Health Organization, and Haiti’s Emergency Relief Fund.

 

The Pinochet Precedent: Convicting Human Rights Violators

On October 16th, 1998, darkness set as police approached the London Bridge Hospital. They were there to arrest the former dictator General Augusto Pinochet. That Friday night, Pinochet was detained after receiving minor back surgery, the first former head of state to be arrested on a diplomatic passport in the UK. Suddenly, the immunity generally granted to persons of government had been contested, and the exiles and victims of Pinochet took a step toward justice. 

Pinochet’s human rights violations

On September 11th, 1973, bombs were dropped on the presidential palace in Santiago, Chile. This was the first day in what was to be a bloody reign by the dictator General Augusto Pinochet. Overnight, the democratically elected socialist government was replaced with a repressive regime predicated on fear, oppression, and violence. 

Previously, Chile had held the position as the longest-living democracy and most politically stable nation in Latin America. However, in the wake of the 1973 coup, Pinochet’s junta began a crusade to solidify power: constitutional guarantees were suspended, Congress was disbanded, and a country-wide state of siege was declared. 

According to decades-long documentation by Amnesty International, “torture was systematic; ‘disappearance’ became a state policy.” These gross human rights violations were perpetrated by the Dirección de Inteligencia Nacional (DINA), the secret military police created to target the real and imagined opponents of the authoritarian regime. 

On June 1974, a year after the bloody seizure of power, Article 1 of Decree-Law 521 established DINA as a “military organization of a professional technical nature, directly dependent upon the Government junta, and whose mission will be that of gathering all information at the national level coming from the different fields of activity, with the purpose of producing the intelligence which is required for the formulation of policies, planning and for the adoption of measures that seek to protect the national security and the development of the country.”

In the immediate days following the coup, hundreds of people were detained and taken to two sports stadiums in Santiago. Thousands of social activists, teachers, lawyers, trade unionists, students, and political activists became targets and prisoners of secret detention centers across the country. 

Flowers resting atop white marble covered with names and dates.
Figure 1: Source: Reuters found on Yahoo Images; Roses laying on top of a memorial for disappeared persons in a general cemetery, Santiago, Chile.

These detention centers, and also labor camps, existed under the entirety of Pinochet’s reign. Villa Grimaldi was one of many of these camps used for interrogation and torture. It is estimated that 4,500 prisoners were abused at this site alone, the most common forms of torture including electroshock, waterboarding, forcing heads into excrement, rape, and death. 

According to Amnesty International, the number of officially recognized disappeared or killed is 3,000 people between 1973 and 1990 and the survivors of political imprisonment and torture is around 40,000 people. To this day, 1,100 people remain missing and only 104 have been found. 

International approaches to convict human rights violations

International law is a relatively new field. Born out of the horrors of World War Two, the United Nations is the multinational body that mediates the rules and creates the international dialogue on human rights. On December 10th, 1948, the UN passed the Universal Declaration of Human Rights comprised of 30 articles that outline the fundamental principles of human rights. Since then, the UN has written more specific conventions and treaties to expound further on the rights of: 

  • Women
  • Refugees
  • People with disabilities 
  • Children 
  • Indigenous peoples 

And even civil and political, economic, social, and cultural rights. 

When it comes to the implementation of these conventions, there are very divergent paths in the realization of human rights. Opinio juris expresses that a norm about behavior exists but is not consistently followed. In opposition, jus cogens refer to laws and norms in which no derogation is permitted, this includes crimes against humanity (torture, war crimes, apartheid, systematic and widespread violence) and genocide. 

A drawn image of a person with bound wrists, a gun, and wrists in chains.
Figure 2: Source: Open Society Justice Initiative from Yahoo Images; Depictions of crimes against humanity.

It is the principle of jus cogens that gives rise to universal jurisdiction. Universal jurisdiction refers to the duty that all states have to prosecute individuals who commit crimes against humanity, whether domestically or by other states when the nation where the crime occurred is unwilling or unable to indict violators. It was universal jurisdiction that was key in establishing accountability during the Nuremberg Trials following the holocaust. 

Fifty years later, this principle was used to arrest Pinochet for his systematic use of torture and crimes against humanity in Chile. 

An end to amnesty 

After democracy was restored in Chile, Pinochet lost the presidential election, but not before creating a legal structure to protect himself and his accomplices. In 1978, Pinochet passed an Amnesty Law to protect military personnel who committed human rights violations. Additionally, Pinochet remained commander-in-chief of the Chilean Armed Forces after losing his presidential position and was appointed a senator for life. It appeared, to Pinochet and his victims, that he would remain outside of a courtroom. 

A black and white image of a group of women holding pictures of people with “Donde estan?”
Figure 3: Source: Wikimedia Commons found on Yahoo Images, Kena Lorenzini; Chilean mothers of disappeared holding signs of their loved ones.

Instead, victims were not deterred from bringing awareness to the crimes of Pinochet. Lawyers representing victims of Pinochet’s repressive regime decided to file complaints in Spain where the principle of universal jurisdiction was enshrined in their legislation. Joan Garcés, a Spanish lawyer, had begun filing for Pinochet’s arrest in 1996, and when it was known that the former dictator would be traveling to the UK, the moment to act became apparent. On October 15th, 1998, Garcés’ team filed a motion for Pinochet’s arrest which was granted. An Interpol red notice was issued, which is a formal international request to locate and arrest persons pending extradition, and a day later Pinochet was detained. 

Pinochet twice petitioned the House of the Lords to dismiss his arrest claiming immunity on the basis of being a former head of state. Both of these requests were denied as the House of Lords affirmed that former heads of state did enjoy immunity for acts committed as functions of a head of state, international crimes such as torture and crimes against humanity were not such functions. Ultimately, in March 2000 Pinochet was released and returned to Chile on medical grounds after tests found him mentally unfit to stand trial. 

However, in the wake of Pinochet’s arrest, Chile’s political and legal landscape had transformed allowing more space for the voices of victims and a sweep of new legal interpretations. The Supreme Court had found the Amnesty Laws only applied prior to 1978 when the state of siege was declared over, additionally, they stated that amnesty could only be granted after an investigation. Moreover, in the cases of disappeared persons, this act constituted an ongoing aggravated kidnapping meaning these cases went beyond the 1978 cut-off. 

Chilean Judge Juan Guzmán asked the courts to strip Pinochet of his immunity and the courts agreed, indicting Pinochet and placing him under house arrest. 

Unfortunately, Pinochet never stood for trial, but his military officers did. 

The indictment of Pinochet and new interpretations of the 1978 Amnesty Laws paved the way for other human rights violators to be prosecuted in Chile. By July 2003, 300 military officers had been indicted and dozens convicted, mostly surrounding cases of enforced disappearances. In 2017, 106 ex-agents of DINA were charged with kidnapping and killing 16 people in “Operation Colombo” during the early years of Pinochet’s dictatorship. Many were already serving times for other cases and were sentenced to between 541 days to 20 years in jail, while the state was ordered to pay around $7.5 million (5 billion Chilean pesos) to the families of the deceased. 

Photo from behind a person in front of a wall of pictures of people.
Figure 4: Source: Wikimedia Common found on Yahoo Images, Carlos Texidor Cadenas; An exhibit of images of victims of the Pinochet dictatorship at the Museo de la Memoria y Los Derechos Humanos, Santiago, Chile.

Justice is not only a conviction of a crime. While it is vital to convict human rights violators, it can be extremely challenging, but the arrest of Pinochet has laid the foundation for other dictators to stand trial. Of equal note, this case transformed how victims were seen and heard in Chile, offering justice through legal means when possible and honoring the injustices publicly when before there was silence. Chile continues to reconcile with its past, voting to do away with the constitution written by Pinochet in place of a new one and through the tireless efforts of human rights defenders domestically and internationally. 

You can offer your support or learn more below: 

International Attempts at Transitional Justice

Note from the author: This blog was written to accompany the social justice cafe on Wednesday, November 30th at 4:00 pm on zoom. To join, sign up here. Alongside this event, this post focuses on an international scale while the recent post by Maya Crocker focuses on transitional justice in the United States. 

Forgiving and being reconciled to our enemies or our loved ones are not about pretending that things are other than they are. It is not about patting one another on the back and turning a blind eye to the wrong. True reconciliation exposes the awfulness, the abuse, the hurt, the truth. It could even sometimes make things worse. It is a risky undertaking but in the end, it is worthwhile, because, in the end, only an honest confrontation with reality can bring real healing. Superficial reconciliation can bring only superficial healing.

Archbishop Desmond Tutu

A headshot of a Black man smiling wearing purple clerical attire and collar.
Figure 1: Source: Flickr, John Mathew Smith; Archbishop Desmond Tutu in Washington, D.C., 1999.

What is transitional justice?

Transitional justice (TJ) refers to a set of judicial and non-judicial processes addressing previous injustices of authoritarian regimes (or multiple perpetrator groups) and establishing rule of law. Transitional justice has several aims and synthesizes aspects of punitive and restorative justice. 

According to the United Nations Office of the High Commissioner on Human Rights (OHCHR), these aims include: 

  • Providing recognition to victims 
  • Building trust between citizens and state institutions
  • Reinforcing the rule of law 
  • Committing to human rights and building solidarity with victims
  • Reconciliation between victims, perpetrators, and bystanders
  • Preventing new violations

But only characterizing transitional justice through its aims would not highlight the transformative effect this approach attempts in states where massive or systematic violations have occurred. While providing redress to victims and undertaking prosecutorial avenues as practical solutions, this approach also takes a strategic initiative to change the political systems, conflicts, and conditions that contributed to violations occurring in the first place. 

This field first emerged in the 1980s and early 90s in response to the drastic political changes in Latin America and East Europe. Human rights advocates and citizens alike questioned how and what kind of redress should occur in the wake of widespread and systematic violence. Fears over disrupting political changes by pursuing indictments of former leaders were salient: how could justice exist without compromising democratization? 

Thus, “transitions to democracy” and “justice” intersected and involved multiple processes to be sensitive to these concerns during a critical period in the country.

These processes are: 

  • Criminal Prosecutions: judicial investigations
  • Truth Commissions: ad hoc commissions of inquiry established in, and authorized by, states for the primary purposes of investigating and reporting on key periods of recent past abuse. 
  • Amnesty: a pardon granted to perpetrators, usually granted to those who comply with truth commissions and offer testimonies
  • Purges, lustrations, and security reforms: (1) removal of known collaborators of oppression from office and state institutions, (2) process of vetting personnel in state institutions, (3) transformation in state institutions involved in repression, like the military, police, judiciary
  • Reparations: state-sponsored initiatives that aim at repairing, on a massive scale, the consequences of past abuse experienced by certain classes of victims, including material and symbolic benefits
  • Gender Justice: focusing on the intersections of human rights abuse and gender during a period of repression, fact-finding initiatives to establish the nature of gendered abuses
  • Memorialization: museums, memorials, and other means of preserving the public memory of victims and raising moral consciousness about past abuse

Ultimately, TJ is a context-specific process that crucially (and historically) is led by the nation where the violations happened.

Specific attempts at transitional justice: the good and bad

Bolivia: 

Days after the restoration to democracy in 1982, the government created the National Commission of Inquiry into Disappearances. No reports or prosecutions were produced. In 1986, prosecutions began against the former military leader, General García Meza, and some of his officers. The trial was not complete until 1993, by which point Meza had gone into hiding to avoid a 30-year sentence for torture and murder. Notably, this court case rejected pardons for those convicted of crimes against humanity. 

Uruguay: 

After a 12-year military rule in 1985, the new government avoided truth commissions. Instead, President Sanguinetti issued a pardon (1986) to all soldiers and officers of the previous regime, with no distinction as to those who followed orders and those who gave them. He claimed this was the ‘safest path’ but ‘not a moral decision,’ highlighting that TJ attempts are not pursued in every situation. This is often a result of corruption and officials often rely on a dialogue of ‘national reconciliation by granting large amnesties but failing to pursue any other TJ processes, essentially dismissing victims’ realities.  Victims were denied any form of reparation and violators remain in high office in the police and military. An official Commission for Peace was established in 2000 under President Jorge Batlle with the official report released in April 2003 confirming that the military dictatorship was involved in some of the disappearances. 

Chile: 

This history of Chile’s dictatorship and eventual prosecutorial redress can be read about in my next blog. Part of the reason for the near-decade gap between the restoration of democracy (1990) and Pinochet’s arrest (1998) was due to Pinochet’s change of the constitution during military rule. Not only did he pardon himself and his torturers in 1978, but he enshrined legal protections from purges and lustration attempts. Nonetheless, Chile has engaged in memorialization and reparations in the cases of successful prosecution of former DINA police. 

El Salvador: 

A Commission on the Truth of El Salvador was established in 1991, led by three international jurists and staffed and financed by the United Nations. While only fully investigating 33 disappearances out of the reported 22,000, the commission did identify 40 individuals connected to the armed forces and involved in crimes against humanity. Additionally, the Commission was able to confirm the El Mozote massacre, where nearly 1,000 villagers were killed by US-trained and equipped Salvadoran army members. The Commission also called on the Supreme Court to retire, which they declined. René Ponce was named general and ordered the execution of 6 Jesuit priests (one the then head of the Human Rights Institute). Due to Ponce’s involvement in the peace negotiations and settlement with FMLN, his prosecution was never attempted. The report from the truth commission was rejected and the then-president offered a blanket amnesty for all political crimes which the Supreme Court upheld (1995). After 20 years, no other transitional justice attempts have been implemented. 

Haiti:

Haiti suffered massive human rights violations under the Duvalier reign between 1957 to 1986. Over 40,000 Haitians were killed and it wasn’t until 1990 that democracy was established with the election of President Jean-Bertrand Aristide. Soon after, he was ousted by General Raoul Cedras, showing just how volatile transitions toward democracy can be. Under Cedras, hundreds were killed by the paramilitary group Front for the Advancement and Progress of Haiti (FRAPH), funded in part by the CIA. Democracy was restored in 1994 and power returned to Aristide but at the cost of blanket amnesty for all rapes, murders, and political killings. He went on to establish a National Commission for Truth and Justice which in February 1996 urged for the prosecution of individuals who committed crimes against humanity by an international tribunal. There has been no tribunal and no prosecutions, and to this day impunity is chronic. 

Argentina: 

Spray painted image of a general with crossed-out eyes on a wall. The words “More than 30,000 reasons for popular justice. Never again look the other way" are painted beside the images.
Figure 2: Source: Yahoo Images, Colin Snider; Graffiti of General Jorge Videla with the phrases “More than 30,000 reasons for popular justice. Never again look the other way.”

Argentina took the most extensive approach of the states discussed so far. In 1983 after the defeat of the military in the Falklands Wars, President Raoul Alfonsín annulled the amnesty the military had given themselves. He also set up the Commission on the Disappeared which produced the report Nunca Más (Never Again) which was a national bestseller – fulfilling some forms of memorialization. The evidence the commission gathered was used to prosecute 5 of the most senior members of the military junta, but when indictments began on less senior officers the military revolted in 1987. Trials ceased to end the conflict but Alfonsín refused to give any pardons. His successor Carlos Menem was the one to pardon ex-president Videla and others on grounds of “national reconciliation.” In spite of Menem’s undermining, human rights groups and families of the disappeared renewed the vigor for criminal accountability in 2003, and as of 2010, more than 800 face criminal charges and 200 have been sentenced. 

South Africa:

When one thinks of “truth and reconciliation” or “truth commissions,” the most likely example to come to mind is South Africa. After the end of apartheid (a crime against humanity) in 1994, the new democratic government formed the unique tripartite Truth and Reconciliation Commission (TRC). It had three responsibilities: (1) record the apartheid era for memory, (2) make recommendations for reparations, and (3) grant amnesty to individuals based on application and only in limited circumstances. 

This was a revolutionary step for transitional justice and helped citizens come to terms with the violent and discriminatory apartheid. In spite of the success of this TRC, no prosecutions have ever been mounted and organizations like Human Rights Watch and Amnesty International fear the TRC suggestions are not being fully implemented. 

Nonetheless, it is important to note that the commission was chaired by none other than Archbishop Desmond Tutu whose ceaseless human rights efforts have helped define the role of TRCs as both forward and backward-looking. In his words, “True reconciliation is never cheap, for it is based on forgiveness which is costly. Forgiveness in turn depends on repentance, which has to be based on an acknowledgment of what was done wrong, and therefore on disclosure of the truth. You cannot forgive what you do not know.” 

United States: 

For an in-depth examination of the transitional justice movement in the United States, please read Maya Crocker’s blog here. 

Conclusion

Without addressing the seeds which sprouted violence, the threat of their reoccurrence cannot be escaped. This means acknowledgment, and hardest of all, forgiveness. While a generation suffered, hatred should not be allowed to pass down and threaten long-lasting peace.

This is not easy, but if you believe in human rights, affirming the realities of victims and perpetrators and all those in between is crucial. As Desmond Tutu says, “We must not only speak about forgiveness and reconciliation, we must act on these principles.” 

This post draws a lot of information from the book Crimes Against Humanity: The Struggle for Global Justice by Geoffrey Robertson, originally published in 1999 with multiple editions given the continuous development of human rights. I will be utilizing information from a 1999 edition, and thus, certain information on the results of transitional justice attempts will have developed more in the last two decades. If you are interested in obtaining a copy for yourself, the latest edition was updated in 2013 and includes additional sections on Iraq, Guantanamo, the Obama administration’s use of drone warfare, the Charles Taylor conviction, and the trials of Mladic, Karadzic, and Khalid Sheik Mohammed. 

A book cover, there is no background, only a bold white title against black. 
Figure 3: Source: Target; Cover of the aforementioned book.

Geoffery Robertson is an internationally acclaimed lawyer and human rights advocate who has served as a UN war crimes judge and founded Doughty Street Chambers in London, a leading human rights law practice. In his book, he deconstructs international human rights law, beginning with the foundational philosophy of rights dialogue (natural rights, social contract, Enlightenment) and moving through the defining events of 20th-century human rights law formation. His book is written in a non-legalese, prose-like style and is a strong starting point for learning a breadth of information about the very complex processes behind prosecutions (and more often why they don’t happen). 

If this interests you, read Robertson’s book or check out more blogs from IHR below:

  • What is the International Criminal Court and Why Should I Care?
  • The Age of Human Rights?
  • Relativism’s Implications on Universal Human Rights
  • A Bright Future – Recent Human Rights Victories 
  • Justice(s) for Crimes Against Humanity: The Uyghur Muslims in China
  • Covenants Without the Sword: International Humanitarian Law (IHL) and Sexual Violence

The Brazilian Election: Recap and Potential Consequences

The night of Sunday, October 30th marked a great victory for leftists and supporters of Luiz Inácio Lula da Silva, the new Brazilian President, after a majority of voters chose to oust incumbent President Jair Bolsonaro. The election’s margins were close, with 60.3 million voting for Lula, compared to 58.2 million voting for Bolsonaro. This round of voting came after a fiercely contested first round, with neither candidate reaching 50% of the overall vote on October 4th, thus needing a second round with the top-two candidates. But with this election marking a shift to the left for Brazilian politics, what does this victory by Lula actually mean?

Goodbye Jair Bolsonaro

An image of Jair Bolsonaro
Bolsonaro diz que, se perder para Lula em 2022, só aceitará se “voto for auditável”. Source: Yahoo! Images

Jair Bolsonaro led Brazil from 2018 to 2022, through a platform centered largely on eliminating corruption and “putting an end to ‘old politics,’” using rhetoric similar to that of Donald Trump. Interestingly enough, many have actually called Bolsonaro as the “Trump of the Tropics,” and combined with that title came a desire of the Trump Administration to foster closer ties with Brazil.

Brazil under Bolsonaro’s Administration started with a shift in how pensions operated in the city, changing the retirement age for men and women from 56 and 53 to 65 and 62 respectively. Brazil also reduced the protections granted to the Amazon rainforest, leading to more instances of illegal logging and burning of trees. Despite the harm done to climate change efforts, President Bolsonaro promoted business interests instead, which also led to the displacement of indigenous populations in the region. The COVID-19 pandemic also showcased Bolsonaro’s reluctance to impose federal restrictions and aid state/local governments in imposing lockdowns, with the President himself downplaying the severity of the virus. Through Bolsonaro claiming to have benefitted from taking hydroxychloroquine (which does not treat COVID-19 in individuals) and raising doubts related to vaccinations, not to mention a lackluster response from the federal government, 15 million Brazilians contracted COVID-19 and more than 400,000 individuals died from the virus.

Welcome Back Luiz Inácio Lula da Silva

An image of Luiz Inácio Lula da Silva
Lula será candidato em 2022, diz vice-presidente do PT”: | Política. Source: Yahoo! Images

da Silva, more commonly known as “Lula,” served as Brazil’s president from 2003 to 2010, and helped alleviate ~20 million Brazilians out of poverty. After leaving office with above an 80% approval rating (President Obama even called him the “most popular politician on Earth”), he then became part of an investigation into government bribes, leading to his imprisonment. In 2021 however, the Supreme Court threw out Lula’s conviction, noting that the judge “was biased in convicting Lula.”

With 50.9% of the total vote, Lula’s victory cemented a shift to the left for politics throughout Latin America, with leftist victories in Mexico, Columbia, Argentina, Chile, and Peru. Lula campaigned on making life better for Brazil’s poor, especially with the effects of the pandemic and inflation throughout Brazil. His election marks promises to increase the minimum wage, create jobs, and widen the already existing safety to aid more struggling Brazilians. His victory also came due to the deep unpopularity that Bolsonaro has throughout Brazil, given his actions and impact on Brazil’s standing on the global stage, combined with his selection of Geraldo Alckmin (his opponent in the 2006 presidential election) as his running mate. Lula’s victory also induced many celebrations throughout Brazil, and around Latin America, with Columbia’s leader, Gustavo Petro, also tweeting “Viva Lula.”

The 2022 Brazilian Election – Concerns and Protests

This election pitted an incumbent (Bolsonaro) with an ex-President (Lula), with both candidates attacking each other for the stances they have, calling each other corrupt or authoritarian-like. Tensions in Brazil are also at an all-time high because of President Bolsonaro’s attempt to cast “unsubstantiated doubt on the trustworthiness of Brazil’s electronic voting system,” combined with conspiracy theories from his supporters noting that career politicians were against Bolsonaro’s victory. Lula’s victory also symbolizes the start of a continued conflict between Lula’s leftist party and the opposition, with Lula facing many Bolsonaro supporters in Brazil’s Congress when creating and working to implement new policies.

Interestingly enough, Bolsonaro had not conceded to Lula following the election despite official results noting that he lost the election. This silence also comes with an increase in protests against Lula’s victory, especially from those working in the trucking industry. With many truckers supporting Bolsonaro’s policies starting fires and blocking off portions of a highway, election deniers / doubters have worked to cause chaos and disruption to the Brazilian economy in an effort to bring Bolsonaro back to the Presidency. In recent days, many supporters of Bolsonaro have called for blockades to be created around major industry centers, in an effort to “paralyze the country.” Despite the potential for more protests, many of Bolsonaro’s cabinet members and allies have accepted the results of the election, from televangelists to elected officials and judges in Brazil. And unlike similar occurrences of politicians refusing to accept defeat, Bolsonaro does not have as much political support to launch operations or coups.

Refusal to Concede

In his first public remarks post-election, Bolsonaro did not concede to Lula, while also noting that current protests come from a feeling of anger over a potential injustice being committed on the Brazilian population.

“The current popular movements are the fruit of indignation and a sense of injustice about the way the electoral process took place.” – Jair Bolsonaro

Despite this refusal to simply state his loss to Lula, Bolsonaro’s cabinet has moved into a transition process for the incoming cabinet. Even so, Bolsonaro has in recent months used language indicating some type of violence occurring were he to lose the Brazilian election. Combined with the fact that major Bolsonaro allies reside in the military raise even more concerns with which way administrators may turn when the transition of power officially happens.

Human Rights in Brazil

A flag of Brazil flowing in the wind
Brazil – Flag. Source: Yahoo! Images

Brazil under Bolsonaro had loosened gun regulations and opened up the rainforest to private developers. With President-Elect Lula, many hope to see protection of the Amazon Rainforest and protecting minority populations from women and LGBTQ individuals to indigenous populations and persons with disabilities. These initiatives by Lula will help to protect those most at risk while also helping Brazil recover from the detrimental effects of the COVID-19 pandemic, rising inflation, and a collision between left and right ideologies.

Other blogs point to Bolsonaro’s administration implementing policies that would only hurt the rich diversity in nature and the freedom of expression by all peoples, and it is through this election that hope for an egalitarian and environmentally-conscious government will serve the interests of the broader public, rather than serving the interests of the few through powerful and accusatory rhetoric.