Argentina and the inter-American Human Rights System Par Engstrom - - PowerPoint PPT Presentation

Argentina and the inter-American Human Rights System

Par Engstrom Human Rights Consortium School of Advanced Study University of London par.engstrom@sas.ac.uk

Why the IAHRS?



Three core areas of human rights research:

1.

Relationship between global and regional human rights

2.

Distinct understanding of how and why human rights regimes ‘matter’

3.

Human rights activism in the context of democratisation

This presentation

 The inter-American Human Rights System

– Development of the system – Key features – “Does this matter?”

 The case of Argentina

– Key arenas of human rights politics:

 Human rights mobilisation  Judiciary  State institutions

– Main points and limitations

 Broader significance

• I. The inter-American system

 1948: Adoption of the American Declaration of the Rights and

Duties of Man (Bogotá, Colombia)

 1959: The Inter-American Commission on Human Rights

created

 1969: Adoption of the American Convention on Human Rights  1978: Entry into force of American Convention, creating and

defining the functions and procedures of the Inter-American Court of Human Rights

 1986: First cases presented to the Inter-American Court

(Vélasquez Rodríguez et al cases, forced disappearances in Honduras)

 Monitoring, interpretation and adjudication

IAHRS (cont.)



Regional context:

–

Cold War (1950s - end of 80s)

–

(Re-)turn to democracy and transitional justice (mid-80s - mid-90s)

–

Problematic democratisation (mid-90s and ongoing)



Key features:

1.

Normative expansion

2.

Pluralism of actors

3.

Judicialisation of enforcement

Name of regional human rights instrument Adoption Entry into force State parties 2009 n and % Charter of the Organization of American States

• 1951

(amended in 1988, 1996, 1997) All OAS member states American Declaration of the Rights and Duties of Man 1948

• All OAS

member states American Convention on Human Rights 1969 1978 25 (71.4) Inter-American Convention to Prevent and Punish Torture 1985 1987 17 (48.6) Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (‘Protocol of San Salvador) 1988 1999 14 (40.0) Protocol to the American Convention

• n Human Rights to Abolish the Death

Penalty 1990

• 11 (31.2)

Inter-American Convention on the Forced Disappearance of Persons 1994 1996 13 (37.1) Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (‘Convention of Belem do Para) 1994 1995 32 (91.4) Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons With Disabilities 1999 2001 17 (48.6) Proposed American Declaration on the Rights of Indigenous Peoples 1997

123 129 171 150 150 155 163 138 160 151 50 100 150 200 250 300 350 400 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year Number Argentina Brazil Chil e Colombi a Guatemala Mexi co Peru Venezuela

“Does this matter?”

 The inter-American system shaping democratisation

by developing linkages with domestic actors and institutions

– Extension of rights to previously excluded sectors of society – Making existing rights more meaningful – Development of new rights

 For the sceptics: focus on the ‘profanity’ of human

rights

 Actor-centred perspective on institutional impact

• II. Argentina and the IAHRS

 Why Argentina?  Evolution of the relationship

–

The beginning (1976-1983)

–

Democratic transition (1983-1989)

–

Consolidation (1990-2001)

–

Deepening (2001-2007)

 Significant changes over the

course of this period, but significant challenges as well.

Argentina (cont.)

• Actor-centred account of the influence of

the inter-American system

1.

Human rights mobilisation

2.

Judiciary

3.

State institutions

• Key role of actors’ international linkages

Impact 1: Human rights mobilisation

1.

How human rights activists perceive of and act upon the IAHRS

2.

Both opportunities and constraints

3.

Capacity of actors to mobilise the law is unequal

4.

Actors on the inside vis-à- vis those on the outside Illustration: CELS and human rights expertise

Impact 2: Judiciary

1.

1994 Constitutional reform: IAHRS as part of Argentina’s domestic legal system

2.

Domestic courts as arenas

• f human rights

enforcement

3.

Role of Argentine judges

4.

Human rights litigation before domestic courts Illustration: Supreme Court and

• verturning of ‘impunity

laws’

Impact 3: State institutions

1.

State responses to human rights mobilisation, advocacy and litigation

2.

Broader context of problematic state administration

3.

Significant, yet uneven, socialisation of state bureaucrats

4.

Human rights and public policy formulation and implementation Illustration: reform of Code of Military Justice

Main points and limitations

 Consolidation of the

IAHRS

 Important opportunities

for Argentine human rights actors

 Availability of domestic

courts

 Negotiation over

reforms

 Miniscule number of cases

relative to human rights violations being committed

 Legal know-how  Beyond human rights of the

past?

 Lengthy and costly judicial

process

 Selection of cases  Problematic state responses

• IV. Beyond Argentina and the

IAHRS

1.

Other regional countries



Comparative study: Brazil and Chile

2.

Other regional human rights systems



Expansion of regional human rights: Europe, Africa, South-East Asia

3.

The study of international human rights institutions at the interface between International Relations and International Law



Towards a transnational system of human rights

Thank you for your attention!

Questions and comments par.engstrom@sas.ac.uk