Americas
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Regional overview 2004
National security and the ‘war on terror’
The blatant disregard for international human rights and humanitarian law in the “war on terror” continued to make a mockery of President George Bush’s claims that the USA was the global champion of human rights. Images of detainees in US custody tortured in Abu Ghraib prison in Iraq shocked the world. War crimes in Iraq, and mounting evidence of the torture and ill-treatment of detainees in US custody in other countries, sent an unequivocal message to the world that human rights may be sacrificed ostensibly in the name of security.
President Bush’s refusal to apply the Geneva Conventions to those captured during the international armed conflict in Afghanistan and transferred to the US naval base at Guantánamo Bay, Cuba, was challenged by a judicial decision in November. The ruling resulted in the suspension of trials by military commission in Guantánamo, and the government immediately lodged an appeal. The US administration’s treatment of detainees in the “war on terror” continued to display a marked ambivalence to the opinion of expert bodies such as the International Committee of the Red Cross and even of its own highest judicial body. Six months after the Supreme Court ruled that the federal courts had jurisdiction over the Guantánamo detainees, none had appeared in court. Detainees reportedly considered of high intelligence value remained in secret detention in undisclosed locations. In some cases their situation amounted to “disappearance”.
The “war on terror” and the “war on drugs” increasingly merged, and dominated US relations with Latin America and the Caribbean. Following the US elections in November, the Bush administration encouraged governments in the region to give a greater role to the military in public order and internal security operations. The blurring of military and police roles resulted in governments such as those in Brazil, Guatemala, Honduras, Mexico and Paraguay deploying military forces to deal with crime and social unrest.
The US doubled the ceiling on the number of US personnel deployed in Colombia in counter-insurgency and counter-narcotics operations. The Colombian government in turn persisted in redefining the country’s 40-year internal conflict as part of the international “war on terror”.
Conflict, crime and instability
Civilians continued to be the principal victims of political violence. The human rights situation in Colombia remained critical, its civilians targeted by all sides in the conflict: the security forces, army-backed paramilitaries and armed opposition groups. Despite an agreed ceasefire and demobilization of some combatants, paramilitary forces were again responsible for widespread abuses. Security policies introduced by the government drew civilians further into the conflict.
Further evidence of spill-over from Colombia’s internal war was seen in neighbouring countries. Frequent border skirmishes were reported in Venezuela and Ecuador, where the number of Colombians seeking refuge grew.
Political polarization and instability continued to affect Venezuela for much of the year. Levels of violence and protests diminished briefly after a referendum failed to unseat President Hugo Chávez, but the death of a high-profile special prosecutor in a car bombing raised fears of renewed political violence.
Long-standing instability in Haiti reached crisis levels after a military uprising toppled the government of President Jean Bertrand Aristide. Political violence and widespread human rights violations persisted, despite the presence of a UN military and police force. The severe loss of life and structural damage caused by a hurricane in September exacerbated instability and the breakdown of the rule of law, hampering distribution of international aid.
In a report on Guatemala, the UN warned that failure to bring about effective social, economic and political reforms could promote conflict.
Public protests against violent crime, particularly kidnapping, spread throughout Latin America. Crime levels remained high in Mexican and Brazilian cities, and in parts of Central America where poverty combined with the easy availability of weapons and the legacy of civil wars. Governments responded with tougher legislation, which sometimes violated constitutional and human rights safeguards. Vigilantism and mob lynchings of suspected criminals were reported in countries including Guatemala, Mexico and Peru, where confidence in the security forces continued to evaporate.
Impunity for human rights violations
Despite setbacks, efforts across the region to combat impunity for gross human rights violations in previous decades continued to gain momentum.
A series of rulings and actions based on international jurisdiction showed that military and security chiefs whose forces were responsible for human rights violations could no longer escape trial. An Argentine court issued an international warrant for the arrest of former Paraguayan President Alfredo Stroessner for his alleged involvement in human rights violations committed under Operation Cóndor, a joint plan to eliminate opponents by military governments of the 1970s and 1980s in Argentina, Bolivia, Brazil, Chile, Paraguay and Uruguay. Spain’s Supreme Court confirmed that the Spanish justice system had jurisdiction to try former Argentine navy officer Adolfo Scilingo for human rights violations under the military government of 1976-83. More than 20 years after the alleged crimes, a former Honduran intelligence chief faced a civil action in the US courts brought by relatives of Hondurans tortured and killed in the 1980s.
National courts also made significant, if slow, progress in shedding light on past human rights violations. The Chilean Supreme Court lifted former President Augusto Pinochet’s immunity from prosecution, allowing proceedings to be opened against him for human rights violations during Operation Cóndor.
In Brazil, the Supreme Court ordered the federal government to open files on the military operations against armed opposition groups in the region of Araguaia, state of Pará, during the military dictatorship. These may enable relatives finally to locate the bodies of victims of military actions.
Military and police courts continued to claim jurisdiction, despite recommendations by international human rights bodies. In Bolivia, the military initially rejected a Constitutional Court ruling that officers charged with offences against civilians should be tried in civilian courts. In Peru and Colombia, cases of human rights violations continued to be transferred to military courts in spite of rulings by the respective Constitutional Courts that they had jurisdiction only over offences committed “in the line of duty”. In Ecuador, police courts still claimed jurisdiction in cases involving abuses by police agents although the authorities had given assurances that they would be heard by civilian courts.
Trial before civilian courts was no guarantee of justice, however. In Colombia, against all the evidence, charges were withdrawn against former General Rito Alejo del Río, indicted for forming illegal paramilitary groups responsible for human rights violations in the 1990s.
The USA continued to pressure governments throughout the region to sign unlawful immunity agreements shielding US personnel from surrender to the International Criminal Court. Of 12 countries that had refused to sign, 10 had some military aid suspended as a result. In November the US Congress threatened to cut off development aid to countries that refused to sign.
Death penalty
The USA continued to flout international human rights standards by inflicting the death penalty on child offenders, people with mental disabilities, defendants without access to effective legal representation, and foreign nationals denied their consular rights. In 2004, 59 executions were carried out by a capital justice system characterized by arbitrariness, discrimination and error. Scheduled executions of a number of child offenders were stayed pending a Supreme Court ruling on the case of a death row prisoner aged 17 at the time of the crime.
No judicial executions were carried out in the Caribbean, but the Judicial Committee of the Privy Council – the final court of appeal for most of the English-speaking Caribbean – reopened the possibility of a resumption of executions in Trinidad and Tobago by overturning a decision that the mandatory death penalty was unconstitutional. It ruled that mandatory death sentences for capital murder violated the Jamaican Constitution, and ordered new sentencing hearings for Jamaica’s death row inmates. It also ruled that the mandatory death penalty was constitutional
in Barbados.
Economic, social and cultural rights
Economic indicators improved in Latin America after a prolonged period of stagnation. However, growth was insufficient to significantly affect poverty levels. Extreme disparities in wealth, and in access to basic rights such as education, health, water and electricity, continued. Inequalities were persistently driven by race and ethnicity, particularly for indigenous and Afro-descendant peoples, who are among the poorest in the region.
According to a UN study on the spread of HIV/AIDs, the Caribbean is the second most affected region in the world. Social attitudes such as homophobia and stigmatization are cited by the UN among factors contributing to the spread of the epidemic.
Severe political violence and instability in Haiti exacerbated the long-standing denial of basic rights, including access to health services as the breakdown in health provision reached crisis proportions.
Disputes over land and labour conditions on plantations continued to fuel protracted conflicts and human rights violations in countries such as Bolivia, Brazil, Chile, Guatemala and Paraguay. Both protesters and police officers were killed as claims for access to land by landless peasant families brought them into conflict with large landowners backed by the security forces or hired gunmen.
By the end of 2004, Central American governments and the Dominican Republic had approved a free trade agreement with the USA. Civil society groups raised concerns about the lack of guarantees on labour rights, on protection of the environment and on continued access to affordable medicines. In December, 12 South American countries signed an agreement to create a political and economic regional bloc.
Violence against women
Women and girls remained at serious risk of human rights violations across the Americas. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women – which marked its 10th anniversary – had received more ratifications than any other treaty on human rights in the region. Only Canada and the USA had failed to ratify. However, its provisions were largely ignored by governments across the region, and gender-related violence against women remained endemic in the home and the community.
A UN report on the state of the world’s cities stated that Latin America had the highest risk of all types of sexual victimization, with approximately 70 per cent of reported incidents described as rapes, attempted rapes or indecent assaults. Despite efforts by the Mexican authorities, there were further killings of women in the state of Chihuahua, and the horrific brutality that characterized killings of women in Guatemala gave cause for growing international concern.
Women were particularly vulnerable in situations of conflict. In Colombia, all parties to the conflict subjected women and girls to sexual violence, including rape and genital mutilation. They were targeted to sow terror, wreak revenge on adversaries and accumulate “trophies of war”.
There was a growing awareness of the impact of people trafficking in the Americas on human rights, particularly of women and girls. According to a study by the Organization of American States, over 100,000 men, women and children were “trafficked” across Latin America and the Caribbean each year, 80 per cent of them women and most for the purposes of sexual exploitation.
Human rights defenders
Human rights activists across the Americas campaigned vigorously to hold governments and armed groups to their obligations to respect international and domestic human rights standards.
Women’s rights activists were acclaimed in Colombia for their work for thousands of innocent victims of conflict and for the meaningful involvement of women in peace negotiations and the political process. Indigenous activists in Ecuador championed their community’s rights to defend their livelihoods during disputes over the extraction of natural resources. Despite public hostility and prejudice, the work of Jamaican and Honduran sexual rights activists to promote equal rights and HIV/AIDS prevention was increasingly recognized and supported by human rights organizations at the international level.
The difficulties and dangers faced by activists in the Americas ranged from intimidation and restrictions on travel, to unfounded accusations of “terrorist” links or other violent activities, arbitrary detention, false criminal charges, and even death. Activists working locally on rural poverty and development, often in isolated areas, and journalists covering issues such as corruption were killed in Brazil, Colombia, Guatemala and Mexico.
On the international stage, governments gave commitments to support the work of human rights activists. However, some undermined the integrity of these pledges by tolerating slanderous statements by high-ranking government officials against those working for human rights. Appeals by women’s rights activists for the authorities to examine their concerns and proposals seriously were frequently dismissed
or ignored.
Only one government, Brazil, responded to a request by both the UN Special Representative on Human Rights Defenders and by AI for governments to draft, publish and make operational plans to implement the UN Declaration on Human Rights Defenders.
Regional initiatives
During the European Union/Latin America and Caribbean Summit in May, AI highlighted its concerns about the use of the judicial system to persecute human rights defenders. Delegates from AI’s International Secretariat and from AI sections in the region attended the Americas Regional Social Forum in Quito, Ecuador, in August. In the same month, AI also participated in the III Human Rights Defenders Consultation in São Paulo, Brazil.
