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:  Relationship between global and regional 1. human rights Distinct understanding of how and why 2. human rights regimes ‘matter’ Human rights activism in the context of 3. 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:  Normative expansion 1. Pluralism of actors 2. Judicialisation of 3. enforcement

Name of regional human rights Adoption Entry into State parties instrument force 2009 n and % Charter of the Organization of --- 1951 All OAS American States (amended in member states 1988, 1996, 1997) American Declaration of the Rights 1948 --- All OAS and Duties of Man member states American Convention on Human 1969 1978 25 (71.4) Rights Inter-American Convention to Prevent 1985 1987 17 (48.6) and Punish Torture Additional Protocol to the American 1988 1999 14 (40.0) Convention on Human Rights in the Area of Economic, Social and Cultural Rights (‘Protocol of San Salvador) Protocol to the American Convention 1990 --- 11 (31.2) on Human Rights to Abolish the Death Penalty Inter-American Convention on the 1994 1996 13 (37.1) Forced Disappearance of Persons Inter-American Convention on the 1994 1995 32 (91.4) Prevention, Punishment and Eradication of Violence Against Women (‘Convention of Belem do Para) Inter-American Convention on the 1999 2001 17 (48.6) Elimination of All Forms of Discrimination Against Persons With Disabilities Proposed American Declaration on the 1997 --- --- Rights of Indigenous Peoples

400 350 300 250 Number 200 171 163 160 155 151 150 150 150 138 129 123 100 50 0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Year 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 Human rights mobilisation 1. Judiciary 2. State institutions 3. Key role of actors’ international linkages •

Impact 1: Human rights mobilisation How human rights activists 1. perceive of and act upon the IAHRS Both opportunities and 2. constraints Capacity of actors to 3. mobilise the law is unequal Actors on the inside vis-à- 4. vis those on the outside Illustration: CELS and human rights expertise

Impact 2: Judiciary 1994 Constitutional reform: 1. IAHRS as part of Argentina’s domestic legal system Domestic courts as arenas 2. of human rights enforcement Role of Argentine judges 3. Human rights litigation 4. before domestic courts Illustration: Supreme Court and overturning of ‘impunity laws’

Impact 3: State institutions State responses to human 1. rights mobilisation, advocacy and litigation Broader context of 2. problematic state administration Significant, yet uneven, 3. socialisation of state bureaucrats Human rights and public 4. policy formulation and implementation Illustration: reform of Code of Military Justice

Main points and limitations  Consolidation of the  Miniscule number of cases relative to human rights IAHRS violations being committed  Important opportunities  Legal know-how for Argentine human  Beyond human rights of the rights actors past?  Availability of domestic  Lengthy and costly judicial process courts  Selection of cases  Negotiation over  Problematic state responses reforms

IV. Beyond Argentina and the IAHRS Other regional countries 1. Comparative study: Brazil and Chile  Other regional human rights systems 2. Expansion of regional human rights: Europe, Africa,  South-East Asia The study of international human rights institutions 3. 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