Americas
Latin America is the region of the world where the principles of transitional justice are most familiar to broad sectors of the population and its mechanisms are actively pursued, albeit with varying degrees of intensity. At the same time forces that favor impunity have not been defeated by any means, even in countries where transitional justice policies are pursued. Although the ICTJ's approach is hemispheric, the two major developed nations in the region (the USA and Canada) and the Caribbean present challenges and opportunities very different from those prevailing in Latin America.
2007 saw dramatic new transitional justice developments throughout the region. New judicial decisions continued to erode the impunity left by amnesties and pardons. In Chile and Uruguay trials against high-level perpetrators proceeded in spite of standing amnesties. The homicide charge against former president Juan M. Bordaberry of Uruguay was upheld, and Alberto Fujimori was extradited to Peru to stand trial. In Colombia, despite the unavoidable tensions brought by the ongoing conflict and the complexity of paramilitary demobilization, prosecutions are proceeding against former warlords. In Bolivia, Ecuador, and Paraguay, civil society continued pressing to establish the truth of past violations. Even in Mexico and Brazil, regional giants with longstanding traditions of impunity, efforts to revisit the past have continued through truth-seeking and judicial decisions.
Guatemala, however, went against the trend: Efforts to try former dictators under a universal jurisdiction mechanism in Spain failed to obtain approval of the Constitutional Court. At the same time the establishment of a special Commission against Impunity (CICIG), in concert with the UN, and a change in political direction may present some opportunities during 2008.
In the Caribbean uncertainty surrounded the fate of Cuba, as President Fidel Castro spent his first year out of power. Yet the single-party system maintained control of the situation. The USA expressed hostility against the continued dominance of the Cuban Communist Party, and the Bush administration launched a renewed effort to bring down the regime through a comprehensive transition plan.
In the USA the evolution of the Iraqi conflict and the continued decay of the Bush administration's absolute control over terror suspects have reinforced calls to close the prison in Guantanamo, Cuba. Meanwhile, revelations of the policy of "extraordinary rendition" and abuses committed by U.S. nationals in Iraq caused a public scandal. In Canada a change in government resulted in a delay in establishing a truth commission to deal with abuses committed in the past against indigenous children.
The Inter-American Court of Human Rights is a unique institution whose jurisdiction is recognized by most countries in the region. Notable developments in the Inter-American system of human rights include the insistence of the Court and the Commission on overturning obstacles to prosecution in El Salvador (the Romero case) and Chile (the Almonacid case). The Organization of American States' General Assembly has also taken on transitional justice issues and the right to truth as a particularly important cause.
In Canada ICTJ continues to accompany the truth commission investigating the legacy of residential schools and their impact on Aboriginal communities. The Center has provided specific training to the staff of the TRC and advised local civil society and government officials on how they can interact with the Commission.
ICTJ's work in Colombia continues to stimulate local debates on transitional justice and victims' rights. ICTJ's Colombia office brings the Center's unique comparative expertise to a broad range of actors, focusing on the Peace and Justice Law, reparations initiatives, and formal and informal truth-seeking endeavors. The office recently launched a major initiative to translate seminal works on transitional justice into Spanish and provide up-to-date information on key trends and developments for Colombian and Latin American audiences through its newly inaugurated Web site and electronic newsletter.
The Center is monitoring developments in Mexico since publishing a report in 2003 suggesting a more effective prosecutorial strategy for the Special Prosecutor's Office. ICTJ has met with civil society and government leaders and will confer with them about the proper course of action to ensure that the legacy of the Special Prosecutor's Office is not lost and that victims of Mexico's "dirty war" find justice.
ICTJ has a long history of involvement in transitional justice initiatives in Peru. Staff members and a local consultant are providing input on the implementation of the country's reparations program, and they observed the trial of former President Alberto Fujimori.
The creation of a new truth and reconciliation commission in Ecuador provides a new opportunity for the search for justice for human rights violations. ICTJ has recently signed a memorandum of understanding with the commission and has met with senior staff members and commissioners in Ecuador and during a recent visit to Washington, D.C., and New York. The Center will provide technical support to the commission on investigating systems crimes, organizing public hearings, and drafting final recommendations.
(Updated February 2009)
