Human Rights and International Governance

During the 1970s and 1980s, much of the Americas was subsumed in the ideological clashes of the Cold War. During this period, a great deal of blood was shed throughout the hemisphere. The 1990s was, generally speaking, a transitional decade, as much of Latin America and the Caribbean rejected dictatorship in favour of democracy. Unfortunately, the transition has not been entirely smooth; in much of the Americas, the human rights climate has remained tenuous and fragile. The following is a brief list of a few of the political and civil rights violations that are still all too common in Latin America and the Caribbean:
     Impunity: A culture of impunity is still the norm throughout much of the Americas. In many cases impunity exists for crimes of torture and ill-treatment, “disappearances” and extrajudicial executions; in other cases, the crimes committed by non-state actors are simply not investigated. Similarly, there is widespread impunity for crimes committed against women and girls, especially domestic and sexual violence; in many states, there are even discriminatory laws in place that make it difficult for victims of these crimes to seek justice. In cases involving fragile states such as Haiti, impunity is, at least in part, a product of the dysfunctional justice system, while in other cases the reasons for impunity appear to be more political. Granted, there are currently proceedings underway to bring perpetrators of past human rights violations to justice. However, it is also worth noting that many of the gains have been possible because of activist courts that have deemed certain amnesty laws that protected perpetrators of past human rights violations to be unconstitutional.
     Freedom of Expression: According to the a 2006 report from the Office of the Special Rapporteur for Freedom of Expression for the Organization of American States, freedom of expression continues to be severely curtailed in many parts of Latin America. In many states, journalists are often jailed, harassed, attacked, and sometimes even killed; often they must choose between putting themselves at risk or engaging in self-censorship.
     Excessive use of force, torture and ill-treatment, poor prison conditions, and questionable administration of justice: Unfortunately, excessive use of force seems to be a universal problem in Latin America, while torture and ill-treatment remain all too common. Another trend throughout the region is that detention facilities are often ill-equipped to handle the demands being placed upon them. Overcrowding is the norm, not the exception, while sanitary conditions are typically well-below international standards, and violence in prisons remains common. Moreover, in a number of Latin American countries, the judiciaries are often overtaxed, sometimes resulting in prolonged pre-trial detentions and delays in justice. In a number of Latin American countries, there are also concerns about both due process and the fairness of trials, including concerns about executive interference in the judicial process. Marginalized groups – the poor, indigenous populations, migrant workers, adolescents, women, gays and lesbians, and internally displaced persons – also lack adequate legal protections.
     What is there to learn from the experience of the Americas in the post-Cold War period? One lesson is that democratic reforms are not enough in and of themselves. Make no mistake: a democratic system is a vast improvement over rule by a military junta. However, to truly be successful, democratic reforms must include a strong commitment to advancing the dignity and well-being of a country’s citizenry, including the most vulnerable segments of its population. If this commitment is not made, the costs of not instituting strong checks on authority will continue to be high, and those who are at most risk of having their human rights violated will continue to be denied the opportunity to reach their full potential as human beings.

The opinions expressed are the personal views of the author only, and do not represent the views of any organization or institution with which he is affiliated.