Category: Latin America

Behind the Ballot: Corruption, Repression, and Hope in the 2024 Venezuelan Elections

This year, a handful of elections were scheduled. At least 27 countries, including Algeria, Senegal, Pakistan, and Venezuela, held their presidential elections. Because of the varying political climates, let’s visit the most recent Venezuelan elections, which illustrate human rights violations in the form of voter intimidation and political persecution. The development of the events raises questions about the validity of the results and the corruption of the powers of the state. Amid widespread despair, NGOs like Foro Penal, a Venezuelan group offering legal aid to victims of state repression, and international bodies such as Human Rights Watch and the Carter Center are investigating irregularities and violations.

Challenges to Maduro’s Presidency and Popularity

Facing crippling inflation, electricity blackouts, and water and food scarcity, the Venezuelan people had been waiting for a leadership change. Although still appealing to the love people had for former president Hugo Chavez, President Maduro Moros had been increasingly losing popular support.

At the beginning of his term, Chavez gained public trust through social programs addressing inequality, such as adult literacy, health care, and infrastructure. The programs were meant to address the gap between the rich and the poor, a hot issue among voters. His “revolution“ of the old system set up by the administration of Carlos Perez Jimenez was mildly disrupted by a Human Rights Watch report exposing corruption. Nevertheless, his charisma and the benefits he provided kept his supporters loyal.

In 2013, Chavez appointed Maduro as his successor. Disguised as a blessing, Maduro had inherited institutions that were corrupted and allowed him to enrich himself and stay in power. However, years of inflation and poverty eroded Maduro’s connection to the Chavez revolution. As a result, many pro-Chavez supporters have lost confidence in Maduro and continue to mourn the late president, as AP reported.

While his popularity decreased, a new leader had been working to gain the people’s support. Maria Corina Machado, a former member of the national assembly, won a primary election in 2023. Appealing to free the country and grabbing onto the growing dislike for Maduro, Machado became the face of the Democratic Unitary Platform (DUP), an alliance of trade unions, political parties, and former officials.

However, in January 2024, the highest court in Venezuela banned opposition leader Machado from running for the presidency. The ban keeps Machado from participating in any elections for 15 years. The Supreme Court made the decision based on financial irregularities claimed to have happened while Machado served in the legislature. This obstacle is among many presented to political figures who pose a threat to Maduro’s regime. After failing to appoint a replacement for a while, a new candidate was put in the front of the opposition campaign. Edmundo Gonzalez, a former diplomat, became the new candidate of the DUP.

Months Leading to Election Day

Venezuelans outside the country went out to register, uncertain of what turn the elections would take; however, they encountered significant obstacles.

The New York Times reports that Venezuelans living abroad were affected by long waiting times, rejection, and confusing instructions across several countries, including Argentina, Chile, Colombia, and Spain. People arrived at consulates as early as 4 a.m., only to face rejection due to suspended registrations.

In addition to the unexplained delays, voters were met with unexpected registration requirements. Before, only a Venezuelan identification, expired or not, was valid for registration. However, as part of the new requirements being enforced, a Venezuelan passport and proof of residency or legal permanence in the host country were needed. This created obstacles, as many Venezuelans in countries like Colombia or the U.S. lack permanent residency despite having other legal documents, such as Temporary Protected Status (TPS).

National filling out an applications with his passport
Image 1: National filling out a form with his passport at hand. Source: Yahoo Images

What’s more, the government only allowed a 29-day registration period, which differs greatly from the year-round period allowed in the past. However, in countries where diplomatic relations are broken, and embassies and consulates are closed (like the U.S.) Venezuelans can’t register to vote.

As a result of these events, millions of Venezuelans couldn’t vote. Between 3.5 million and 5.5 million Venezuelans who live abroad were eligible to vote, but only about 69,000 were registered.

Election Day – July 28th, 2024

Venezuelans inside the country went to cast their votes at their designated stations. Throughout the morning, locals and the Carter Center mission—sent on June 29th—observed several violations.

Violence and Voter Intimidation

According to electoral rules, a witness is allowed to observe the tally count. People loyal to the ruling party intimidated witnesses and forced them to stay at home or leave their posts halfway through the election.

New York Times (NYT) reported that, in the capital, Caracas, a journalist observed men blocking access to one of the voting centers. Adding to the tension, voters were not allowed entry until over an hour after the poll was supposed to open. Similarly, in the city of Cumaná, about 50 armed police and National Guard officers stood outside with their helmets and armor in what seemed to be a show of power. Over in the city of Maturín, a woman was shot when men on motorcycles drove by a line of voters.

Changing Voting Locations

The NYT also disclosed that constituents’ voting locations were changed without a previous announcement. A worker of the Venezuelan Electoral Observatory, Carlos Medina, stated that the voting stations for 17,000 Venezuelans changed at the last minute. This is the case for Sonia Gomez, a voter who went to vote after verifying her polling site on the electoral council website. However, upon arrival, the workers told her she was registered elsewhere.

National casting their paper vote. Source: Yahoo Images
Image 2: National casting their paper vote. Source: Yahoo Images

Aftermath

Refusal to Disclose Paper Tallies

In Venezuela, votes are counted digitally by the Consejo Nacional Electoral (National Electoral Council) or CNE and verified using paper tallies collected at each voting station. Some officials in certain locations refused to disclose their paper tallies.

With the digital count, Maduro’s administration celebrated their victory, claiming 51% of votes. On the other hand, the opposition released data showing that Edmundo Gonzalez had received 67% of the vote. According to Machado, the opposition’s numbers came from voting machine tallies that were scanned and calculated.

In response to the allegations made by the opposition on corrupt and ridged elections, Maduro requested the Supreme Court give its expert opinion on the results. It is important to mention that the Supreme Court, closely tied to Maduro’s administration, had previously upheld Machado’s ban. Although the court backed him up, Maduro promised to release the tallies on the CNE website. However, the website has remained inaccessible since the events of July 28th.

Politically Driven Detentions

After the CNE announced Maduro’s victory, Venezuelan protested in the streets. However, they were met with brutal repression by state authorities. Videos circulating on social media showed police and military brutality directed at protesters. Human Rights Watch analyzed these videos, corroborating reports of detentions and deaths. While about 2,400 people were detained during protests, Foro Penal—a Venezuelan NGO that provides legal support for victims of arbitrary detention—claims that the police arrested electoral witnesses at their homes. These events have fueled arguments for election fraud. Most of the detainees are being charged with terrorism and incitement of hatred. Other irregularities include a lack of legal assistance and transfer to maximum security prisons.

Adding to the political persecution, a court issued an arrest warrant against Edmundo Gonzalez for conspiracy and usurping power. This prompted him to flee to Spain. Similarly, other figures, like diplomats, have been targeted, too, as Maduro ordered diplomats who opposed his victory to leave the country.

Protests in Venezuela on May 1st, 2019. Source: Wikimedia Commons archive; originally published by Voice of America.
Image 3: Protests in Venezuela on May 1st, 2019. Source: Wikimedia Commons archive; originally published by Voice of America.

Future Implications

After the return of the Carter Center’s technical election observation mission, the center stated that the elections did not meet the integrity standards. The Organization of American States and several countries, including Argentina and Costa Rica, recognized Edmundo Gonzalez as the president-elect and called for transparency. Nevertheless, as Gonzalez has now fled to Spain, it is unclear what the next steps the international community will take to address the democratic crisis.

Since the elections, Venezuelans have felt both hope and fear. Despite a great number of protests and social media posts, fear of government retaliation has reached a higher level than ever. Some believe it is impossible for Maduro to resign, but only time will tell if democracy can still be restored.

Buscadoras: Women Searching for the Disappeared in Latin America’s Enforced Disappearance

After 3 years of searching, Yanette Bautista finally reunited with her disappeared sister. In the outskirts of Bogota, Colombia, buried under NN (No Name), using the same dress and jacket she was last seen wearing, the body of Nydia Erika Bautista was found. After a witness from the Colombian military confessed and tipped off the location of the body, Yanette, her lawyer, and a forensics expert were able to dig up Nydia’s remains. 

The Bautistas are one of the many direct and indirect victims of enforced disappearances in Latin America. To this day, thousands of people continue to be missing, and their loved ones continue their search, hoping to one day end their anguish and bring justice. 

people wearing masks that say "Where are they?"
Image 1: People wearing masks that say, “Where are they?” Source: Yahoo Images.

 

[Image 2] The Search Commision and the organization "Buscando Hasta Encontrarte" (Searching until I Found You) signed a covenant to strenghten searches. Source: Yahoo Images.
Image 2: The Search Commission and the “Searching Until I Found You” organization signed a covenant to strengthen search efforts. Source: Yahoo Images.

Enforced disappearances overview 

Enforced disappearances are the arrest or abduction by state authorities or political organizations. In these cases, perpetrators deny any involvement or refuse to reveal the victims’ location with the intend of keeping them out of the protection of the law. Enforced disappearances violate fundamental rights, including personal liberty, protection from torture, and access to a fair trial. The International Convention for the Protection of All Persons from Enforced Disappearances was established in response to these grave violations. This convention is upheld by the Committee on Enforced Disappearances (CED) and the Working Group on Enforced Disappearances (WGEID), whose roles are to: 

  • Ensure state compliance,
  • carry out investigations to locate victims and hold perpetrators accountable, and
  • provide reparations and support to affected families.

Enforced disappearances are widely spread in the Americas, linked to the proliferation of violent nonstate actors —gangs, cartels, armed groups—and serving as tools of state control. These disappearances have waves of repercussions, from the fear experienced by the victims to the sadness and uncertainty of their loved ones. Often testing the competency and efficiency of authorities, these disappearances force families to undertake searches when official investigations fail. Most victims of enforced disappearances are men, leading women and children to become the providers or breadwinners. The families, then, have great financial burdens and are more vulnerable to abduction due to their relations with disappeared family members, their role as witnesses and human rights activists, and their “defiance” of societal rules. 

The work of women searchers 

Despite having a target on their backs, women lead the search efforts for their loved ones, forming groups dedicated to collaboratively searching. They unite forces and resources to bring justice to their families. In the past, women-led collectives have done great work for the disappeared. Grandmothers of Plaza de Mayo in Argentina and Chilean women of Calama are examples. These collectives deal with the disappearances that occurred during dictatorships or government regimes and the relocation of family members.

Nowadays, social media plays a crucial role in search efforts for missing persons. In Guanajuato, Mexico, the group Hasta Encontrarte (Until I Found You) uses its Facebook page to share information about missing individuals and mobilize support for their recovery. Beyond social media, organizations like The Nydia Erika Bautista Foundation, created by Yanette Bautista, provide legal support to families. This foundation documents the stories of the disappeared and offers leadership training through schools across Colombia to empower families and advocates.  

[Image 3] The Nydia Erika Foundation. Source: Yahoo images.
Image 3: The Nydia Erika Bautista Foundation. Source: Yahoo images.

How are women searchers affected? 

Although collectives have the urgency and willingness, they face the financial burden of searching. Transportation, gas, food, water, lodging accommodations, tents, and coal may be required depending on location. Luckily, they collect money by organizing raffles and sales while receiving company donations. However, some governments, like the Mexican administration, have recently passed legislation that makes registration of collectives stricter and the reception of donations more difficult. 

What’s more, families may also be vulnerable to scams. American Spanish-language news outlet Univision News reported that activists in Mexico denounced groups that charge $29 to $147 per week (500-3,000 Mexican pesos). They take advantage of how desperate the families are to create a business. Unfortunately, families may find these scamming groups before they come across better-established collectives without fees. Being scammed amid the despair of a disappearance further affects the families’ finances and their mental health. 

Besides the financial aspect, women searchers face other obstacles. Amnesty International research reveals that the state and non-state actors can utilize their influence over the criminal system to open arbitrary and sometimes illegal criminal investigations against them. They may also stop the police from investigating accordingly. What’s more, societal stereotypes often blame mothers for “not keeping their children safe” or “not doing their job as mothers.” Comments like this spread guilt among mothers looking for their children. Women searchers, like human rights activists, are subject to threats and attacks, particularly in Honduras, Mexico, Colombia, and Brazil. They are vulnerable to gender-based violence, especially the sexual kind. 

In Mexico, Teresa Magueyal, a member of the group Una Promesa Por Cumplir (A Promise to Fulfill), was searching for her son, José, who disappeared in 2020. Teresa was killed three years later in the same town. Two months later, Catalina Vargas, another activist member of the Collective United for the Disappeared in Leon, also disappeared. In August of 2022, activist Rosario Rodriguez was kidnapped by an armed group after a mass in honor of her disappeared son. Her youngest son called the authorities right away, but nothing was done. She was found dead a day later.   

For more stories, check out the story of the Barajas Piña family, or listen to the “Hasta Encontrarte | Until I Found You” podcast on Spotify and Apple Music. 

[Image 4] Protests against the high women homicide rates in Mexico. Source: Yahoo Images.
Image 4: A protest against the high women’s homicide rates in Mexico. Source: Yahoo Images.

The future of women searchers 

While much progress remains to be made, important steps are underway to promote women’s safety in search efforts. The National Human Rights Commission has urged states to protect searchers, recognizing them as human rights defenders. In early 2024, Colombia passed the Proyecto de Ley (Project of Law), which aims to guard the rights of women searchers, acknowledging them as peacebuilders and individuals requiring special protection. Additionally, Amnesty International recently launched its #SearchingWithoutFear campaign to establish searching as a right that the state must protect. These initiatives highlight the vital contributions of women searchers and open the doors to developing stronger legal frameworks to ensure their safety. Continued community support and collaboration between governments and organizations are essential for reaching and supporting victims across national and international boundaries. 

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. 

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