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 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: 

Los Desaparecidos U.S. 2018

by Mary Johnson-Butterworth

a little girl crying
Sad Girl. Source: Brett Neilson, Creative Commons.

“Donde estas, mama’?”

Pleads Rosa,

Snatched from the breast

To live where leche curdles,

Where cells cradle and concrete cuddles

Those whose cries are not to be

Lulled by a lullaby.

 

Donde estan los ninos?

Where are these summer camps without play?

Structures rife with rancid water?

Walled away from los padres.

Walled away via Lumpkin, Georgia.

Walled away via Brownsville, Texas.

Fostered by gringos via Parts Unknown.

The Disappeared Ones US 2018.

Undercover of ICE,

Their lives are frozen.

 

“Where are you, Daddy,

As these children disappear?”

Ivanka asks.

Separate and unequal without hugs,

Only tears that could saturate a Huggie.

Abed, they tear at sheets of ICE,

Deplored by the ICEists who torment,

Todos to dos inhumane,

Badges of Dishonor,

Clubs no one’s body should join.

 

Give me your tired, your poor.

We’ll show them all what for.

Brown babes not left behind,

Now impossible to find.

Infants, adolescents, teens,

A toxic way to wean!

In our shame and our despair,

God bless the child

Neither here nor there.

 

Mary Johnson-Butterworth, age 69, has been a social justice activist most of her adult life.  She has facilitated social justice workshops for middle and high school students throughout the Birmingham area and beyond with the YWCA of Central Alabama, the National Conference for Community and Justice, the National Coalition Building Institute, and YouthServe.  Mary has also been on staff at a residential YWCA diversity camp, Anytown Alabama, for 22 years and has facilitated trainings for corporate entities, Leadership Birmingham, and Project Corporate Leadership.  She has recently discovered the power of poetry to transform her own life and the lives of impacted listeners.