Nicaragua: Shirking Obligations on Gender-based Violence

By Pamela Neumann*

 

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March against violence in Managua, November 2014. Oxfam en Nicaragua / Flickr / Creative Commons

Recent actions by the Nicaraguan government directly conflict with its obligations under accords on gender-based violence, but regional mechanisms, including the OAS, have not been effective at holding Managua to account. The 1994 Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará), which Nicaragua ratified in 1995, defines violence against women as any act of physical, sexual, or psychological violence occurring in either the public or private sphere (Article I, III) and obligated state signatories to establish fair and effective legal procedures to address crimes against women (Article VII). The Convention also stipulated that States report steps taken to prevent and prohibit gender-based violence (Article X). In 2004, the OAS introduced a Follow-up Mechanism (MESECVI) to provide additional technical assistance and more closely monitor state actions.

Nicaragua has not submitted information to MESECVI since 2008, and its performance has become even more problematic in subsequent years. In 2012, the government passed a comprehensive law on gender-based violence (Law 779), which significantly advanced women’s legal rights and protections. Over the last three years, however, the law has been substantially undermined by legislative reforms and executive decrees. For example, mediation, an informal practice police historically used to resolve cases, was first eliminated and then reinstated. Mediation puts women’s lives at significant risk because there are no legal consequences for violating the non-binding agreements it produces. In addition, beginning in 2014, women seeking to file a legal complaint for gender-based violence were sent to neighborhood councils or the Ministry of the Family for counseling instead. Police units charged with handling domestic violence cases have been closed for over a year.

The OAS has been leaning hard on Nicaragua to address threats to its electoral process – forging an agreement last month allowing the OAS to send a team to observe municipal elections in November – but its performance as arbiter of signatories’ adherence to the Belém do Pará Convention has been less effective. The convention’s enforcement mechanisms are limited; the main recourse that individuals or organizations have is to submit a petition to the Inter-American Commission on Human Rights, which can forward it to the Inter-American Court of Human Rights (IACHR). But action is inhibited by the stipulation that cases are only admissible when “remedies under domestic law have been pursued and exhausted” and because current regional agreements do not allow for any specific OAS-IACHR action to be taken on the basis of legislative action or inaction. The OAS’s existing instruments, moreover, put the burden on individual aggrieved parties to demonstrate the state’s intentional complicity in denying women due process. This requires showing evidence of state officials actively impeding one particular investigation or engaging in violent acts themselves. Numerous studies, including my own research, have shown that such behavior is in fact ubiquitous, but less than 1 percent of cases even make it to trial. Despite good intentions, the legal remedies afforded by the OAS tend to individualize and privatize the problem of gender-based violence – and the Nicaraguan government is not being held accountable for its failure to prevent or punish fundamental violations of women’s human rights.

March 30, 2017

*Pamela Neumann is a Post-Doctoral Fellow at the Stone Center for Latin American Studies, Tulane University.

Brazil’s Prison Violence Reflects Deeper Social Problem

By Andrew Johnson*

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An interim detention center in São Paulo, Brazil. / Rovena Rosa / Agência Brasil / Wikimedia / Creative Commons

It has been a horrific start to 2017 in the Brazilian prison system, and reversing the trend will take much more than increased public funding.  A wave of violence began on New Year’s Day when 56 inmates were killed during a riot inside of a penitentiary in Manaus.  A series of deadly inmate uprisings followed that massacre, bringing the number of inmates killed this month to 120.  Macabre images of inmates’ decapitated corpses strewn about prison yards captured on cellphone cameras and posted to the internet reminded Brazilians that overcrowding, a weak state presence, and institutionalized gang power have combined to make Brazilian prisons – with over 600,000 inmates – tinderboxes ready to ignite at almost any time.

  • During a year I spent conducting fieldwork inside jails and prisons in Rio de Janeiro for a book and documentary film in 2011, I saw inmates crammed into cells at three and four times their intended capacity. On the worst nights, men unable to find space on the floor or a concrete bunk tied their torsos to the steel gates with t-shirts and attempted to sleep while standing.
  • The Comando Vermelho and other gangs controlled entire cellblocks and used smuggled cell phones and strategic visitors to maintain regular contact with leadership. This communications capability and weapons caches inside the cellblocks enabled them to act as the de facto government. Prison guards knew that they were outgunned and outnumbered, and they knew their off-duty lives could be easily extinguished by an order initiated inside the prison.  January’s riots revealed how thin the veneer of state control really is inside.

Impassioned pleas, prompted by the riots, to reduce overcrowding and provide more resources to Brazil’s prison system are being launched in a time of austerity.  The Brazilian Senate recently approved legislation that could freeze public spending for the next 20 years.  Public investment would certainly reduce the likelihood of future riots, but the crisis in Brazil’s jails and penitentiaries is not caused simply by underfunding.  It is the result of decades of the state treating inmates, and the residents of the neighborhoods where most of them were born, as less than full citizens.  Pastor Antonio Carlos Costa, leader of the human rights organization Rio de Paz, told me the state and public’s reactions to the many thousands killed by the police and hundreds murdered in prisons each year were limited because “they are poor people, people with dark skin, people considered killable.  These are deaths that don’t shock us, they don’t make the Brazilian cry.”

There is no excuse or justifiable defense for the inmates involved in the 120 murders that occurred inside Brazilian prisons this month.  It was an inhumane slaughter propelled by gangs, greed, and a power grab.  But the solution to Brazil’s profoundly troubled prison system lies much deeper than increasing public spending or reducing overcrowding.  Refusing to treat people as killable, gang-affiliated or not, is a goal that may take decades and will require a commitment that is much costlier than any public spending intervention or new legislation.  Laws protecting human rights would have to be enforced for all Brazilians, including prisoners.  Law abiding middle and upper-class citizens would have to push back and no longer tolerate some of the world’s highest murder rates and jails where 80 men squeeze into a cell built for 20.  Transformation this profound would be a difficult message to sell on the campaign trail, but anything less than that sort of social and cultural change from the government and the public will fall short of fixing the deeply rooted problems with Brazil’s prison system.

January 27, 2017

*Andrew Johnson is a Research Associate with the Center for Religion and Civic Culture’s Religious Competition and Creative Innovation (RCCI) initiative at the University of Southern California.

NiUnaMenos Gains Momentum

By Brenda Werth* and Fulton Armstrong

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Protesters gather in Buenos Aires, Argentina as part of the NiUnaMenos movement, which has sparked mobilizations across the country and in many other Latin American cities. / Wikimedia / Creative Commons

Protesters have taken to the streets in Argentina and elsewhere in Latin America to raise awareness about violence against women and girls, pushing for an end to machista culture.  News media estimate that a demonstration under the banner of NiUnaMenos – “not one less woman” due to femicide – in Buenos Aires last Wednesday drew tens of thousands of supporters dressed in black, despite freezing rain.  Other banners declared “We want to live” and demanded “No more machista violence.”  The immediate issue driving the protest was the brutal attack earlier this month on a schoolgirl in Mar del Plata – 16-year-old Lucía Pérez – who was drugged, raped, and tortured to the point of suffering cardiac arrest and died from internal injuries.

  • Argentina passed laws between 2008 and 2012 protecting a range of rights relating to human trafficking, violence against women, marriage equality, and gender and sexual identity, creating new space for discussion of the issue. But the Casa del Encuentro, an NGO that helps victims of gender violence, says that data through 2015 indicate that somewhere in Argentina a woman is killed every 30 hours.  The government’s Secretariat of Human Rights says that 19 women and girls were murdered in the first 18 days of October.  Argentine President Macri, challenged since early days of his administration to address the problem, has reiterated pledges to push legislation that would establish a hotline for reporting abuse and create more shelters for abused women as well as better ways of monitoring abusers.

Similar protests were held in Peru, Mexico, Bolivia, Chile, Paraguay, Uruguay, and El Salvador – with thousands of protesters in capital cities demanding an end to the systematic violation of women’s rights.  Chilean President Michelle Bachelet announced last week that she was joining the NiUnaMenos movement.  She condemned the murder of a 10-year-old girl asphyxiated, burned, and buried by her step-father.  Movement organizers cite research showing that violence against women is a serious problem in much of Latin America.  The Mapa da Violencia published by FLACSO Brazil last year shows that seven of the 10 countries with the highest female murder rate are in this region – with El Salvador (8.9 homicides per 100,000 women), Colombia (6.3), Guatemala (6.2), and Brazil (4.8) near the top of the list.

The demonstrations reflect growing global awareness of gender violence as a violation of human rights and that legislation, while helpful, is not enough.  NiUnaMenos and other groups are also rewriting the traditional definition of violence against women as attacks perpetrated by strangers rather than boyfriends, husbands, or family members – just as coverage of femicide in Mexico in the 1990s raised public awareness of gender violence as systematic and deeply structural as opposed to “every-day,” “familial,” and “private.”  NiUnaMenos is challenging “the culture of violence against women” in machista societies and condemning “the men who think that a woman is their property and they have rights over her and can do whatever they want.”  In Argentina, the mainstream media have stimulated much of the backlash, with reporting that exploits private details of victims’ lives and portrays victims in a manner that suggests responsibility for the crimes committed against them.  This recycling of the “algo habrá hecho” logic that circulated freely during the dictatorship coincides with a renewed focus in Argentine society on cases of torture during those years, treating them specifically as acts of sexual violence.  A week or two of protests obviously will not change ingrained culture, but the burgeoning movement highlighted by NiUnaMenos offers hope of continued progress in protecting the fundamental rights of women throughout the hemisphere.

October 24, 2016

* Brenda Werth is Associate Professor of World Languages and Cultures at American University.

Mexico: Repressing Organized Dissent

By Marcie Neil*

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A photo from the protest on June 19. Credit: LibreRed / Google / Creative Commons

The Mexican government’s latest reaction to the country’s largest teachers union’s challenge to education reform is triggering accusations of gross human rights violations at a time that President Enrique Peña Nieto is already under severe pressure over the case of the missing 43 students from Ayotzinapa, even if the union’s reputation – and the government’s historical demonization of it – may undercut the teachers’ cause.  Protesters associated with the Coordinadora Nacional de Trabajadores de la Educación (CNTE) clashed with state and federal police in Nochixtlán, Oaxaca, on June 19, leaving eight dead, more than 100 wounded, and at least 25 detained.  The clashes culminated a series of CNTE-led protests over a 2013 reform that puts the onus on teachers for student success through government-mandated tests and teacher evaluations – akin to the U.S. “No Child Left Behind Act.”  CNTE members consider the reform disconnected from the realities of teaching in Mexico’s underprivileged, indigenous, and rural environments, and view it as a threat to their collective decision-making authority and hard-won benefits from the 1980s and 1990s.

  • The CNTE denounced Nochixtlán as another example of excessive police force, and press reports and citizen testimony have refuted the President’s claim that police met protesters unarmed. The administration subsequently offered to meet with union leaders to discuss the reform, but it was seen as offering too little too late.

The CNTE is not the country’s most respected institution, but its complaints about the brutal police reactions to its protests have merit and have stimulated a national debate on Mexico’s commitment to human rights.  The union’s reputation has been tarnished by repeated disruption of school schedules, internecine strife, recent arrests of leaders on corruption charges, and a recently eliminated, but oft-cited, benefit that allowed union members’ children to inherit their jobs regardless of merit.  But the state’s implicit culpability in the disappearance of the 43 students in Ayotzinapa and the death toll on June 19 seems to have tipped the perceptions of its dispute with the state momentarily in favor of CNTE.  That dispute and others with popular organizations have deep roots – going back to mobilizations in the 1960s, including the Tlateloco Massacre in 1968, and the brutal repression of a 2006 teachers strike in Oaxaca.  The historical pattern is one of state abuse against mostly harmless citizens who feel denied democratic participation.

The Peña Nieto administration’s reactions thus far do not suggest a desire to break with that pattern, even in the face of public outrage over this month’s killings.  The Mexico representative of the United Nations High Commissioner for Human Rights and others have called for an independent investigation into the Nochixtlán violence, but the government’s stonewalling of the Ayotzinapa investigation suggests these attempts at overcoming impunity face dim prospects.  Education Minister Aurelio Nuño’s statement the day after the confrontation confirming the government’s commitment to uphold the education reforms further fueled public anger.  Absent an independent evaluation, the bloody events of June 19 could remain as evidence that the Mexican government is simply unwilling to overcome its historical tendency to attack those it considers subversive. 

July 1, 2016

* Marcie Neil received her Masters in Latin American Studies at American University in 2015 and served as a Graduate Assistant at the Center for Latin American and Latino Studies.

El Salvador: Dual Crackdowns Raise Questions

By Fulton Armstrong

El Salvador Seguro

Photo Credits: Presidencia El Salvador and Departamento de Seguridad Pública OEA (modified) / Flickr / Creative Commons

Salvadoran President Sánchez Cerén’s months-long crackdown on gangs has broadened into a crackdown on proponents of negotiations with them.  Upon orders of Attorney General Meléndez, 18 former officials involved in the past truce (covering two periods in 2012-2014) have been arrested, among them a principal mediator, former FMLN Congressman Raúl Mijango.  Three others, including the former head of prisons, are on the run.  Meléndez claims that the recent passage of legislation outlawing negotiations with gangs was not a factor, and that the detainees are not being held for their role negotiating the previous truce, but rather for violations of laws in place during the truce.  They are accused of “dereliction of duty,” “illicit association,” smuggling mobile phones into prisons, and possible misuse of US$2 million for truce implementation.  Meléndez said the government-gang pact “was not illegal” and he noted that it did help reduce reported murders, but he has asserted that it gave rise to disappearances and other violence, and allowed the gangs to re-arm and consolidate their control in some sectors.

The campaign against pro-dialogue voices has left several prominent players untouched.  The government has distanced itself from the activities of current Interior Minister Arístides Valencia, whose taped conversations with gangs have been revealed by the media, but he has been neither fired nor arrested.  Former Security Minister (and current Defense Minister) David Munguía is widely seen as the principal architect of the previous truce (securing essential cover from the Church for it), but he too remains in place.  Munguía’s name is prominent in Meléndez’s report, according to press accounts, but the Attorney General said that he lacks evidence of his involvement in wrongdoing.  Paolo Luers of El Diario de Hoy (himself a secret negotiator in 2012) and others are severely criticizing the lack of charges against Munguía while others, whom they call “political prisoners,” are detained.

  • Meanwhile, the government is deploying elite joint Army-Police units to hunt down alleged gang members in the countryside, amid growing unconfirmed reports of human rights violations.  The Office of the Human Rights Ombudsman has identified 13 cases of extrajudicial killings in two operations last year.

The recent arrests have caused debate to flare over the costs and benefits of the past truce and any future agreements with the gangs – as well as the efficacy of the mano dura approach. The crackdown on advocates of negotiations and the simultaneous emerging signs of death squad operations could threaten the credibility of the Sánchez Cerén government’s El Salvador Seguro strategy, which entails an array of efforts requiring political agreement on how to address the violence crisis.  Amidst mounting concern about the implications of the police and army crackdown on gangs, Washington has kept a low profile on these developments.  If current trends continue, however, the dual crackdowns could potentially raise doubts about the Administration’s ability to meet the human rights and other conditions that the U.S. Congress has put on the Alliance for Prosperity under which El Salvador, Guatemala, and Honduras have agreed to form and execute a common strategy against violence and other problems in Central America’s northern triangle.

May 16, 2016

For previous AULABLOG items on the impact of the Salvadoran truce, click here (January 2013), here (November 2014), and here (April 2015).

*This version of the blog was updated May 16, 2016 at 10:25 a.m.

Mexico: Deepening Credibility Crisis

By Fulton Armstrong

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Expert Angela Buitrago during the presentation of the initial GIEI report last October. Photo Credit: Comisión Interamericana de Derechos Humanos / Flickr / Creative Commons

Last week’s report on the disappearance of 43 Mexican students from the tiny village of Ayotzinapa left many questions unanswered about events on the bloody night of September 26-27, 2014, but it left no doubts about the depth of the corruption at the local and national level swirling around the youths’ tragic deaths.  The Mexican government – recipient of more than $2 billion in U.S. security assistance in the last eight years – not only produced a bogus report last year, based on tortured and otherwise impugnable sources, to divert attention from the tragedy; it also actively impeded the work of the Interdisciplinary Group of Independent Experts (GIEI), operating under the aegis of the Inter-American Commission on Human Rights, that produced the new report.  GIEI members documented the witness-tampering, obstructionism, and overall lack of cooperation of the administration of President Enrique Peña Nieto.  As the public presentation of the report wrapped up, the massacre victims’ families and supporters – some holding signs demanding to know ¿Dónde están?” – made clear their fear that the government will again sweep the case under the carpet and chanted to the experts, ¡No se vayan!”

Many details of the kidnapping, torture, and execution of the 43 youths, who were studying to be teachers, probably will never be known because much of the evidence has been tainted or destroyed.  The GIEI, however, pieced together a largely verifiable explanation of events in which local police, Federal Police, and the Army went on a bloody rampage after the students commandeered buses, as they had on other occasions with the tolerance of their owners, to transport classmates to a protest the following day.  The authorities tracked the students’ movements, set up roadblocks, systematically terrorized them, and summarily executed those who escaped and tried to tell of the atrocities.  The cover-up started immediately, culminating four months later in a report by the Office of the Attorney General (PGR) – one of Washington’s closest partners in curbing narcotics-related crime and violence – falsely claiming the students were mixed up in struggles among narcotraffickers.  The GIEI demonstrates that there is no way a serious PGR investigation did not know otherwise.

  • International and domestic reaction to the report has been strong, but Peña Nieto’s reaction has been low-key. (He also made headlines last week in proposing the decriminalization of marijuana.)  In several Tweets, the President thanked the GIEI; promised that the PGR will “analyze the complete report to improve its investigation of the tragic events”; and pledged that the PGR “will continue working so that there is justice.”  The U.S. Department of State issued a statement saying that “we trust the Mexican authorities will carefully consider the report’s recommendations.”

Peña Nieto cannot escape personal responsibility for the scandalous cover-up and obstructionism – he promised a full accounting long ago – but the GIEI report indicts much more than the presidency.  From the rural police and Army officers on the scene to the highest levels of law enforcement and the military command in Mexico City, the violence against the students has been neither admitted, condemned, nor punished, reinforcing Mexico’s longstanding culture of impunity.  The PGR’s report was tainted by deliberate falsehoods as well as the vicious forms of torture employed to exact false testimony from “witnesses.”  (Other torture stories, including an incident in which the Minister of Defense apologized for Army and Police torture of a woman in prison, are increasing in frequency.)  The U.S. Department of State’s human rights report, released two weeks ago, criticizes Mexico for its “impunity for human rights abuses,” but Washington also needs to ask whether the $2.1 billion of “Mérida Initiative” assistance it has provided to “help Mexico train and equip its law enforcement agencies, promote a culture of lawfulness, [and] implement key justice reforms” has been a good investment.  The U.S. Senate has finally confirmed the new U.S. Ambassador to Mexico, one of the architects of State Department’s implementation of the Mérida Initiative, and it stands to reason that she will demand some accountability.

May 2, 2016

President Obama’s Visit to Buenos Aires: An Important Gesture

By Katherine Hite*

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Parque de la Memoria, Argentina. Photo Credit: Jennifer Yin / Flickr / Creative Commons

While most eyes are on U.S. President Obama’s historic visit to Cuba, the timing and agenda of his follow-on travel to Argentina – while controversial – also is a significant opportunity for the United States to burnish its image in Latin America.  Obama arrives in Buenos Aires on the 40th anniversary of Argentina’s military coup d’etat, marking a brutal period of systematic human rights violations in which the United States lent tacit support.  In an important attempt to ameliorate the controversy over his timing, Obama will be delivering a cache of declassified documents on both what the U.S. knew regarding the 1976-1983 repression and on the green light that Secretary of State Henry Kissinger gave the dictatorship’s dirty war against political opponents during the final year of the Ford presidency.  In addition, the President will visit the Parque de la Memoria, site of a memorial to the thousands of victims of the military regime.  He’d expressed interest in a visit to the ex-Navy Mechanics School (ESMA), notorious former clandestine detention site where an estimated 5,000 Argentines were imprisoned, 90 percent of whom were murdered, but political sensitivities in Buenos Aires precluded it.

Argentina has pioneered efforts to come to terms with the past, from prosecuting and jailing former military officers guilty of violations, to “recuperating” former clandestine detention centers, where citizens were tortured, executed, and made to “disappear.”  Human rights activists have converted several of these former centers, such as the ex-ESMA, into spaces to remember and to educate the public with a message of accountability and of “never again.”  Some memory sites also seek to connect human rights violations of the past to ongoing violations, including police brutality and the abuse of the incarcerated, as well as to present-day struggles for social justice.  Argentine school children learn about their past and study the Universal Declaration of Human Rights.

It is an important moment for the U.S. president publicly to recognize the U.S. historic role in Argentina’s tragic past – and for Argentines to show Washington, itself accused of torture and clandestine detention in recent years within its “War on Terror,” that such abuses can never be tolerated and that perpetrators must be brought to justice for a democracy to be healthy and stable.  Countries throughout the region, including Chile, Uruguay, Peru, Colombia, El Salvador, and Guatemala, have similarly created memorials and museums of memory.  Chile’s Museum of Memory and Human Rights gets over 10,000 visitors a month.  It houses a large permanent display documenting the 1973-1990 dictatorship, and like the ex-ESMA, opens its spaces to human rights organizations, artists, theater groups, and others for workshops, plays, movie series, and more.  In El Salvador, the Museum of the Word and the Image sponsors an exhibit on the roots of the country’s civil war as well as memories of the suffering and resistance.  It has also sponsored exhibits on Salvadoran migration to the United States during the war and connects past to current violence, both within El Salvador and in close relation to the United States.  Together these efforts invite acknowledgment, reflection, and dialogue.  President Obama’s activities in Argentina, like President Clinton’s apology in Guatemala for the U.S. role in past violations in that country, are an important gesture that, within a broader U.S. commitment, could help facilitate a less tarnished image for Washington in Latin America along with his historic shift in policy toward Cuba.

March 21, 2016

* Katherine Hite is professor of political science at Vassar, with special interest in Latin American politics, social movements, and the legacies of violence for governments and societies throughout the Americas.

Gender Violence in Argentina and the Education of Mauricio Macri

By Brenda Werth*

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Photo Credit: Mauricio Macri Facebook page. Public Domain.

Argentina’s new President, Mauricio Macri, has an historic opportunity to address the country’s longstanding crisis of gender violence.  In a radio interview in 2014, he notoriously stated that “All women like to be catcalled,” and asserted, “I don’t believe the ones who say they don’t.”  Little did he know at the time that the most intense period of his presidential campaign in 2015 would coincide with a revolution in public awareness of gender violence in Argentina.  #NiUnaMenos – a movement launched in response to a rash of femicides and their graphic coverage by the news media – organized  marches in cities across Argentina, Uruguay, and Chile, drawing an estimated 300,000 protesters in Buenos Aires alone last June.  Journalists, artists, and activists, in collective denunciation of machismo and violence against women, demanded that the government develop a plan of action to implement the Comprehensive Law on the Prevention, Punishment and Elimination of Violence against Women (Law 26.485), approved in 2009.  The law was a significant milestone in addressing violence against women at the national level, yet without government support, its effectiveness has been limited.  Current data indicate that a femicide takes place every 30 hours in Argentina, and statistics suggest that the total number of femicides occurring in 2015 will meet or surpass numbers in 2014.  The NiUnaMenos movement has captured the public’s attention.

The presidential candidates (Macri included) took note of the impact of NiUnaMenos and pledged support to prevent violence against women as outlined in the five major points it published.  Macri posted a picture of himself holding a handmade #NiUnaMenos sign on Facebook and Twitter.  Yet activists remain concerned about Macri’s sincerity, not just because of his 2014 remarks.  As mayor of Buenos Aires (2007-15), he undermined initiatives to prevent violence against women and provide assistance to victims.  Specifically, in 2014 he closed an outreach center for victims of sexual violence that had operated under the Subsecretary of Human Rights in Buenos Aires, and he reduced the budget of the National Agency for Women from 0.1 percent in 2007 to 0.06 percent in 2015.

Macri has his work cut out for him if he wants to be perceived as a leader confronting Argentina’s gender violence.  Although his promises to slash government spending suggest social programs will suffer, there are some promising signs.  Macri’s Minister of Social Development, Carolina Stanley, has offered the post of President of the National Council for Women to Fabiana Tuñez, the founder of the Casa del Encuentro, a leading NGO on gender rights and eliminating sexual violence – and key in the #NiUnaMenos movement.  In a broader human rights framework, Macri’s agenda still remains relatively undefined.  Although his vision will depart significantly from former President Cristina Fernández de Kirchner’s, he has reiterated his commitment to continuing trials against former military accused of human rights abuses during dictatorship, rejecting claims that such efforts reflect “politics of revenge.”  In interviews, moreover, he has emphasized a forward-looking conception of human rights, rooted in the 21st century, focusing on issues related to pubic health, education, and freedom of expression.  While some observers view this as a regression to a “culture of amnesia” associated with the Menemist era, Macri has an opportunity to move the country forward by heeding activists’ demands for leadership addressing gender violence in Argentina. 

January 7, 2016

* Brenda Werth is Associate Professor of World Languages and Cultures at American Unviersity.

U.S. Government Abuse of Apprehended Migrants

By Michael S. Danielson*

Photo Credits: Larry Hanelin, Kino  Border Initiative, 2015.  All Rights Reserved.

Photo Credits: Larry Hanelin, Kino Border Initiative, 2015. All Rights Reserved.

The U.S. Customs and Border Protection (CBP) is not fulfilling its obligation to protect the civil and human rights of migrants apprehended, detained and deported back to Mexico.  A study released this week entitled “Our Values on the Line: Migrant Abuse and Family Separation at the Border” (full text) found that more than one-third of deported migrants experienced some type of abuse or mistreatment at the hands of U.S. immigration authorities.  The abuses included theft, physical abuse, verbal abuse, and inhumane detention conditions.  In violation of U.S. Department of Homeland Security (DHS) policy, these conditions include but are not limited to being held for over 12 hours in facilities without beds, overcrowding, excessively low temperatures, lack of adequate food, and denial of medical treatment.  Commissioned by the Jesuit Conference of Canada and the United States and the Kino Border Initiative (KBI), the report details the results of an in-depth survey of 358 Mexican migrants deported from the United States to the border city of Nogales, Mexico, from July 2014 to March 2015 – and corroborated by short-form surveys of 7,507 other migrants in the same area.

  • Since 2005 CBP has sought to deter Mexican migrants from attempting to enter the U.S. through a policy of “enforcement with consequences.” Formally launched in 2011 as the “Consequence Delivery System,” this package consists of measures against individual migrants that are so harsh as to be obviously intended to cause hardship and suffering.  In so doing, Border Patrol has abrogated its previous commitment, undertaken in 2004, to use its authorities to preserve family unity and ensure humane treatment of apprehended migrants.  Making things worse, Border Patrol agents often incorrectly enter names into computer databases, deny access to phone calls, and deny access to the individual’s consulate.
  • Two out of three migrants surveyed who crossed into the U.S. with immediate family members and apprehended together by the Border Patrol were separated from each other and deported to different ports of entry days, weeks, or months apart.
  • Twenty-eight percent of migrants surveyed were deported at night – to Nogales and other destinations with high levels of violence – making them particularly vulnerable to abuse by criminals and corrupt police and other public officials. One of every seven women was placed in this vulnerable position.
  • Migrants alleging abuse were unlikely to file a formal complaint. Less than one out of every 12 deported migrants in the survey claiming some type of abuse filed a complaint with U.S. immigration authorities.  Reasons for not filing a complaint include being unaware of the right to do so, fear of retaliation, and a belief that it would not make any difference.
  • The abuses were not carried out by “a few bad apples,” but rather reflected policies across Border Patrol and poor oversight of their implementation. The patterns of abuses are too extensive to argue otherwise.

Punitive border enforcement punishes people whose suffering in their home countries had already grown unbearable, and there is no evidence that these policies deter unauthorized immigration.  In fact, a recent report of the DHS Inspector General found that the CBP has failed to accurately measure the deterrent effect and the cost-effectiveness of the core policies of the Consequence Delivery System.  Evidence is much stronger of the negative and unintended consequences of these policies, both for migrants and border security.  In personal communication presented in the report, CBP’s former Assistant Commissioner of Internal Affairs James Tomsheck attests that an attempt to enhance the enforcement capacity of the agency through a hiring surge of some 12,000 new agents in just over two years was marred by a predictable deterioration of the vetting process and a sharp and consistent decline in “the quality and suitability of the Border Patrol applicant pool.”  This new report points to several key areas for reform to help limit abuse by Border Patrol agents, including stronger independent and internal oversight mechanisms to tackle misconduct and abuse; an accessible and accountable complaint process; an overhaul of CBP training; equipping CBP agents with body-worn cameras; and improving CBP short-term detention conditions.  The study also recommends that deportations to Mexican border towns occur only during daylight hours and that DHS, responsible for CBP, put in place a process to identify family relationships and preserve family unity upon deportation.  Such measures would begin to address the most pressing problems faced by migrants and their families – without triggering a spike in migrant traffic.

September 17, 2015

*Michael S. Danielson, a CLALS Research Fellow, was the principal researcher and drafter of the report.

Maduro Cites Security to Suspend Rights on the Border

By Michael M. McCarthy*

Photo Credit: Globovisión / Flickr / Creative Commons

Photo Credit: Globovisión / Flickr / Creative Commons

The Maduro government’s closure of a key border crossing into Colombia and declaration of a state of emergency in nearby towns mark not only a low in relations with Colombia but also in efforts to manipulate the playing field ahead of legislative elections slated for December 6.  President Maduro blamed Colombian “paramilitaries” for an August 19 firefight in which three Venezuelan soldiers were wounded.  He announced the deployment in the area of the “Operations for the Liberation and Protection of the People” (OLP), which are heavily armed military and police units specially created to force out alleged paramilitaries, and security forces swept through the area forcibly deporting more than a thousand undocumented Colombians.  Last week, the pro-government coalition of the Venezuelan National Assembly called for expanding the emergency measures to two other important border states.  The two countries’ foreign ministers met on August 26 for what Colombian Minister Holguin called a “positive, frank and realistic” exchange, but there was no agreement to reopen the border.

Maduro’s objectives seem to go far beyond stemming border violence.  Two reputable polls put his popularity in the lower 20s and project the opposition as likely to win a Congressional majority in the December 6 legislative elections.  His Chavista political movement is bleeding supporters amid a mounting economic crisis. Skyrocketing inflation and acute shortages of basic goods and services have created daily hardships for the popular sectors that once served as Chavismo’s base.  The opposition coalition Mesa de Unidad Democrática called the state of emergency a diversionary tactic – “to cause a situation of intense conflict and internal confusion” – and claimed that the maneuvering shows Maduro fears the election and may suspend it.  The state of emergency in Táchira, which is a renewable in 60 days, restricts the right to public assembly and gives Maduro powers to seize assets and limit the sale of basic goods and services.  The value of the annual illegal border trade is estimated to have grown to roughly $5 billion.  The order may become a mechanism for intensifying government controls over industry, which Maduro regularly accuses of waging war against the government.

Maduro’s political objectives in declaring the state of exception are obvious to reset the political agenda in line with a government narrative of external threats.  This security rationale appears greatly exaggerated, suggesting he’s more interested in scapegoating Colombia for the sorry state of affairs in Táchira than in sparking a diversionary armed conflict.  He also recently escalated an historic border dispute on his eastern flank with Guyana after Exxon discovered oil in Guyanese territory claimed by Venezuela.  So far, Maduros actions have not seemed to threaten the soft truce between Washington and Caracas, which has led to a toning down of mutual recriminations.  Over the weekend, the U.S. State Department issued a mild statement that noted “continuing concern about the situation along the border between Venezuela and Colombia,” although Washington did take him to task for the deportations.  The real implications of the emergency decree are internal to Venezuela. Maduro’s state of emergency not only raises human rights concerns in the affected territories; it suggests the specter that the government will resort to increasingly desperate measures to maintain control as its credibility, like the economy, collapses.

August 31, 2015

* Michael McCarthy is a Research Fellow with the Center for Latin American and Latino Studies.