Truth, Justice and Reconciliation in Latin America - Essay Example

Your Full Your s 2 December Truth, Justice, and Reconciliation in Latin America Latin America has had a bloody past; Operation-Condor alone cost more than 50,000 lives in the region. However, now, with the political progress and new found democracy Latin America is experiencing, the countries in the region are trying to come to terms with their past. In order to deal with the process effectively, it is necessary to firstly establish just what exactly took place. This is where the Truth Commissions come in; a Truth Commission is, in essence, established to discover the wrongdoings committed by everyone, especially the government, during a past internal conflict. The main purpose of establishing a Truth Commission is to investigate the atrocities committed during the past conflict. The Truth Commissions also are established in order to be able to find out, as the name suggests, the truth about the event, but also, upon finding the truth, enabling the present government to act upon the newfound truth in bringing the perpetrators to justice. However, it is not within the ambit of the Truth Commission to actively participate in trying and convicting the perpetrators. The main, or perhaps the only, aim of the Commission is to gather evidence, through any means available, about the conflict, and then pass it on to the present government to act upon. After the Truth Commission has given its report to the government, it does not have any further authority. Though, admittedly, the Truth Commission can be mandated to mete out punishments, however, this is not usually the case; a Truth Commission is normally only authorized to make an investigation and then present a report to the authorities afterwards. Once the report is made, it is for the government to decide how to go about it. Realistically, as a lot of people are involved in human rights abuses at such times, it is quite hard for governments to go about prosecuting so many people, as trials are usually very expensive and lengthy. For instance, Peru came to just such a conclusion (Forero, 3). Latin American economy is in bad shape as it is, and to put the added burden of such trials on them could perhaps end up doing more damage than good. However, on the flip side, it is said that the “failure to bring human rights violators to justice encourages more violence” (Tum). This is to say that if the violators are not prosecuted, this can, and does, give a message to everyone that such acts can be done with impunity. If not right away, then such actions do leave an open door for future human rights abuses. Similarly, there are those who think that forgiving is the best option because, as President Saca of El Salvador said, “opening the wounds of the past would not be the best thing for a country that’s moving towards the future” (qtd. in “Church Call Over Salvador Murder”). It is considered best to let go of the past and move on, in order to progress. Also, only when one forgives someone can one make peace with what has happened. Moreover, nothing good can come out of holding on to the past, therefore, it is best to be forgotten and let go of. However, to forgive everyone completely would send out the message that human rights abuses can be committed with impunity. This can be considered to be a weakness of the government also, as it can also be taken to mean that those who committed those crimes are still in powerful positions, powerful enough to be able to escape prosecution for their crimes. Moreover, only after punishing the perpetrators can the victims have closure. In order to ensure that such political violence never besets Latin America, it is imperative that steps be taken to eradicate any laws that grant immunity to the past (or future) perpetrators. Even though Chile has not overturned the amnesty laws set by General Pinochet (Rohter, 3), Argentina has set an excellent example by overturning two such laws enacted in the 1980s, through a Congressional vote (Rohter, 6). Legal reforms are crucial to ensuring that such events never take place again. Stricter laws need to be in place for punishing human rights violators, with extradition made possible in such cases. Moreover, the economic stability of the region is extremely crucial. It is only due to the economic strife and bad living conditions that such extreme regime changes occur, and it is also through poverty and dependence on state sponsorship that such atrocities can continue to occur. It is, my recommendation that first of all legal reform should occur in Latin America. The countries, after introspection, and through democratic means, abolish the amnesty laws that have so far protected the perpetrators, following the example of Argentina. Moreover, stricter laws should be placed with regard to punishing human rights abuses. Interestingly enough, most of those killed in these bloody times were Native Americans, a poor, down-trodden class of Latin Americans (Forero, 12). Therefore, steps should be taken for their economic emancipation. While it is certain that laws cannot end racism in people’s minds, however, laws can help in giving the Native Americans equal opportunities – at par with their white or European countrymen. The Truth Commissions that have been established should be given more time to investigate and should have more authority in order to obtain information. More or less, their work can be thwarted by uncooperative authorities; therefore, it is necessary that they be given the powers to access and gain information easily. The task of prosecution, however, should not automatically rest upon the Truth Commission. Even if it so appears that the present government is not at all sympathetic to finding out the truth, whether through their own involvement or their association with the guilty parties. This duty or mission should only be given through explicit sanction. One of the main reasons behind this is the flow of information to the Truth Commission. If the Commission does not have authority to prosecute, people would talk freely in front of them, thus divulge information freely. This would aid in the work of the Truth Commission greatly, as that is the main purpose thereof, to find the truth. Works Cited “Church Call Over Salvador Murder.” BBC News. British Broadcasting Corporation. 8 Sep. 2004. Web. 2 Dec. 2010. Forero, Juan. “Peru Report Says 69,000 Died in 20 Years of Rebel War.” The New York Times 29 Aug. 2003: A3. Print. Forero, Juan. “Truth Commission Leaves Many Indians in Peru Unsatisfied.” The New York Times 31 Aug. 2003, late ed.: A12. Print. Rohter, Larry. “Argentina Revisits ‘Dirty War’: Will General be Tried?” The New York Times 1 Sep. 2003, late ed.: A6. Print. Rohter, Larry. “Argentine Congress Likely to Void ‘Dirty War’ Amnesties.” The New York Times 21 Aug. 2003: A3. Print. Tum, Rigoberta Menchu. “Justice Comes For the Archbishop.” BBC 31 Aug. 2004: n.p. Print. Read More