This 2023 is one of those years in which the past knocks on the door: while Chile and Uruguay remember 50 years of their respective coups d’état, Argentina turns 40 since the recovery of its democracy. These countries, along with others in the region, suffered democratic ruptures in their recent past in which serious human rights violations occurred against tens of thousands of people.
In other words: with state resources, the dictatorships of the time dedicated themselves not only to daunting dissent, but also to eradicate it. To do this, they outlawed parties and organizations, forced the exile of thousands of people, censored the media, and used aberrational practices such as summary executions, torture, and forced disappearances that, with terrifying levels of sophistication and cruelty, destroyed the lives of the victims. their families and entire communities. I remember how, during my youth, the reports about these terrible human rights violations in these countries influenced me and were decisive in my decision to dedicate my life to human rights.
It is not whimsical to evoke these facts, since their footprint and negative impact have marked societies and persist until our times. As I stressed a few weeks ago at an event organized by my Office for South America in Santiago de Chile, acknowledging, accepting, and addressing a past of abuse requires strength, commitment, and partnerships that are determined to walk a path that is not always easy. .
It is natural and laudable that the victims, families and organizations tirelessly persist in their search for truth and justice. Because let’s be honest: a chill runs through you and me just thinking that a loved one could be taken from us, never to be seen again, precisely at the hands of those who are supposed to have the duty to protect us. It’s not about rancor, it’s having to wait for more than 40 years for that call explaining what happened. Also that time is inexorable, that both relatives and perpetrators are aging – taking with them, with impunity, valuable information about the truth of what happened. For this reason, the active and determined work of States and societies is essential.
These are all matters of the present. For example, in June the skeletal remains of a woman were found in the so-called Battalion 14 in Uruguay. From time to time, cases like this remind us of the cruelty experienced by these societies. Only with the memory of this past can one step towards a more democratic, solid and just society.
This year, last year, forces us to appreciate the democracies in the region that, thanks to the encouragement of many actors, such as civil society, have rebuilt their institutions and contributed to the development of international law on the matter. However, the lack of sufficient responses from the authorities regarding human rights violations is a debt to the victims, and also to the whole of society.
History shows that the countries of the Southern Cone have made important advances in some aspects of transitional justice in the first decades after dictatorships. These achievements have greatly influenced and marked the field of transitional justice and have set an example that other countries around the world have followed. It is important that the authorities, together with the victims and other sectors of civil society, intensify the effort today with the spirit and dedication of those decades.
Rafael Videla with General Augusto Pinochet during an official visit to Chile, on November 15, 1976. Diego Goldberg
To address this past, States must advance all pillars of transitional justice.
The truth, to understand what happened. The secrecy of the files must be lifted -including those of the armed forces- and reveal the information that accounts for the violations that have occurred, especially to the victims and family members. But the official accounts must also be more explicit in pointing out and condemning the atrocities of the time.
Justice, to combat impunity. Some amnesty laws are still in force or in some countries their legislation does not incorporate crimes against humanity. There are also unreasonable delays in investigations or criminal proceedings, which often leads to revictimization.
The repair, to compensate the damage. Regulations and policies must be adjusted to provide comprehensive reparation, and victims should not be faced with choosing between reparation or pensions.
And the guarantees of non-repetition, to reinforce the rule of law and democracy. Without liberties, participation, judicial independence, civilian control of law enforcement entities, and a determined fight against corruption, we risk undermining confidence in these hard-won democratic institutions.
Much longer ago, in 1948, the international community adopted the Universal Declaration of Human Rights, an unparalleled civilizing instrument that, founded on the dignity and equality of all people, brought hope to a post-war world rising from the ashes.
The societies of this region deserve to heal and cement their future in human dignity. As High Commissioner, and in light of the Universal Declaration, this year I have proposed to the Member States of the United Nations to revitalize their commitment to human rights through concrete and significant actions. States will present these commitments next December in Geneva, Switzerland.
This commemorative year is an opportunity for the States of the Southern Cone to renew their commitment to transitional justice: ratifying treaties or adjusting laws, launching new or improved search or repair programs, creating educational content on the recent past, the options are multiple. . They can even commit to building transnational cooperation mechanisms, no longer to articulate barbarism but to exchange the valuable experiences of each country in human rights.
75 years after its adoption, and in a world facing new challenges, I invite you to revitalize the principles that inspired the Universal Declaration and its promise of freedom, equality and justice for all people, without discrimination.
Volker Türk is the United Nations High Commissioner for Human Rights.
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