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901. Battling for Hearts and Minds: Memory Struggles in Pinochet's Chile, 1973-1988. Vol. 2 of The Memory Box of Pinochet's Chile

Author:
Steven J. Stern
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Chile holds special significance for scholars. Not only was it the first country to democratically elect a Marxist president who sought to lead a peaceful transition to socialism, it was also a prominent example of democratic breakdown and brutal military rule. The Chilean dictatorship not only practiced the terrible techniques that became part of Latin American “ dirty war ” campaigns, it also took a lead role in planning assassinations and coordinating intelligence operations with security agencies from other military dictatorships in the Southern Cone. In the early 1990s, Chile exemplified a more general trend to accept immunity as the price of social peace. By the end of the decade, however, Chile signaled another trend: a new willingness to push for legal accountability by holding regime officials criminally liable for human rights abuses committed under their rule. With Pinochet's arrest in London in October 1998, Chile offered another first: the first legal ruling against a former head of state for violating international human rights law. Chile therefore serves as an important case of democratic breakdown, redemocratization, and transitional justice.
Political Geography:
Latin America and Chile

902. The Pinochet Effect: Transnational Justice in the Age of Human Rights

Author:
Naomi Roht-Arriaza
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Chile holds special significance for scholars. Not only was it the first country to democratically elect a Marxist president who sought to lead a peaceful transition to socialism, it was also a prominent example of democratic breakdown and brutal military rule. The Chilean dictatorship not only practiced the terrible techniques that became part of Latin American “ dirty war ” campaigns, it also took a lead role in planning assassinations and coordinating intelligence operations with security agencies from other military dictatorships in the Southern Cone. In the early 1990s, Chile exemplified a more general trend to accept immunity as the price of social peace. By the end of the decade, however, Chile signaled another trend: a new willingness to push for legal accountability by holding regime officials criminally liable for human rights abuses committed under their rule. With Pinochet's arrest in London in October 1998, Chile offered another first: the first legal ruling against a former head of state for violating international human rights law. Chile therefore serves as an important case of democratic breakdown, redemocratization, and transitional justice.
Political Geography:
Latin America and Chile

903. The Post-American Hemisphere

Author:
Russell Crandall
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
On August 18, 2010, a Venezuelan drug trafficker named Walid Makled was arrested in Colombia. U.S. officials accused him of shipping ten tons of cocaine a month to the United States, and they made a formal extradition request to try him in New York. Although the Venezuelan government had also made an extradition request for crimes Makled allegedly committed in Venezuela, senior U.S. diplomats were confident that the Colombian government would add him to the list of hundreds of suspects it had already turned over to U.S. judicial authorities in recent years. So it came as a surprise when Colombian President Juan Manuel Santos announced in November that he had promised Venezuelan President Hugo Chávez that Makled would be extradited to Venezuela, not the United States. Colombia, Washington's closest ally in South America, appeared to be unveiling a new strategic calculus, one that gave less weight to its relationship with Washington. What made the decision all the more unexpected is that the U.S. government still provides Colombia with upward of $500 million annually in development and security assistance, making Colombia one of the world's top recipients of U.S. aid. For the United States in Latin America today, apparently, $500 million just does not buy what it used to. Across the region in recent years, the United States has seen its influence decline. Latin American countries are increasingly looking for solutions among themselves, forming their own regional organizations that exclude the United States and seeking friends and opportunities outside of Washington's orbit. Some U.S. allies are even reconsidering their belief in the primacy of relations with the United States. Much of this has to do with the end of the Cold War, a conflict that turned Latin America into a battleground between U.S. and Soviet proxies. Washington has also made a series of mistakes in the years since then, arrogantly issuing ultimatums that made it even harder to get what it wanted in Latin America.
Topic:
Cold War
Political Geography:
United States, New York, Washington, Colombia, South America, and Latin America

904. Progress and the Past

Author:
Peter Hakim
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
No abstract is available.
Political Geography:
China, America, Brazil, Latin America, Syria, Venezuela, and Bolivia

905. Combating Rural Poverty and Hunger Through Agroforestry in Bolivia

Author:
Kate Kilpatrick
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
In contrast to intensive agricultural practices that require widespread forest clearing, agroforestry systems combine tree growing with the production of other crops or animals. By promoting tree planting, biodiversity, and long-term resource husbandry, agroforestry can be an economically and environmentally sustainable option for small-scale farmers who are struggling to combat the impacts of climate change. For hungry and food-insecure communities, agroforestry creates more resilient agricultural systems where the risk of crop failure is spread between diverse crops.
Topic:
Security, Agriculture, Economics, Environment, and Food
Political Geography:
Latin America and Bolivia

906. The Struggle for a Pro-Poor Food Policy in Guatemala

Author:
Kate Kilpatrick
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
The 2008 food price crisis had a devastating impact on poor Guatemalans. This was followed by widespread crop failure and a food emergency in 2009, affecting an estimated 2.5 million people (de Schutter 2010). With a heavy reliance on imported staple grains and the most productive lands allocated to export crops, Guatemala's food system is broken.
Topic:
Agriculture, Poverty, and Food
Political Geography:
Latin America and Guatemala

907. Richard Stahler-Sholk, Harry E. Vanden, and Kuecker, Glen David, (eds), Latin American Social Movements in the Twenty-First Century: Resistance, Power, Democracy (New York: Rowman Littlefield Publishers, Inc. 2008).

Author:
Alexander B. Makulilo
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Central European University Political Science Journal
Institution:
Central European University
Abstract:
After the end of the Cold War imperialism in the form of neoliberalism exerts its hegemony over the entire world. Under what came to be known as the “Washington Consensus”, which emphasizes liberal democracy, market economy and foreign capital investments, the U.S sought to enhance and consolidate its access to cheap natural resources and raw materials from Latin America, thereby capitalizing its domination over the region. Challenging the neoliberal paradigm, the masses in Latin America developed a series of social movements to protest this form of foreign domination. In line with this move, contemporary scholarship in the region is preoccupied with theorizing and understanding the nature, development and impact of these social movements in emancipating the region. Merging theory and practices, Latin American Social Movements provides an in-depth and comprehensive analysis of social movements in the region. It traces the historical origins, evolution, strategies and implications of social movements and their resistance to neoliberal and global capitalism. And therefore, the book challenges the mainstream literature that focuses on “transition to democracy” and that views social movements as merely temporary resistance to authoritarianism and electoral politics that unseat repressive regimes.
Topic:
Cold War
Political Geography:
Europe, Washington, and Latin America

908. Declining Inequality in Latin America: Some Economics, Some Politics

Author:
Nancy Birdsall, Nora Lustig, and Darryl McLeod
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Center for Global Development (CGD)
Abstract:
Latin America is known to have income inequality among the highest in the world. That inequality has been invoked to explain low growth, poor education, macroeconomic volatility, and political instability. But new research shows that inequality in the region is falling. In this paper we summarize recent findings on inequality, present and discuss an assessment of how the type of political regime matters and why, and investigate the relationship between changes in inequality and changes in the size of the middle class in the region. We conclude with some questions about whether and how changes in income distribution and in middle-class economic power will affect the politics of distribution in the future.
Topic:
Economics, Poverty, and Social Stratification
Political Geography:
Latin America

909. Capital Controls: Myth and Reality-A Portfolio Balance Approach

Author:
Carmen M. Reinhart, Nicolas E. Magud, and Kenneth S. Rogoff
Publication Date:
03-2011
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics (PIIE)
Abstract:
The literature on capital controls has (at least) four very serious apples-to-oranges problems: (i) There is no unified theoretical framework to analyze the macroeconomic consequences of controls; (ii) there is significant heterogeneity across countries and time in the control measures implemented; (iii) there are multiple definitions of what constitutes a "success" and (iv) the empirical studies lack a common methodology-furthermore these are significantly "overweighted" by a couple of country cases (Chile and Malaysia). In this paper, we attempt to address some of these shortcomings by: being very explicit about what measures are construed as capital controls. Also, given that success is measured so differently across studies, we sought to "standardize" the results of over 30 empirical studies we summarize in this paper. The standardization was done by constructing two indices of capital controls: Capital Controls Effectiveness Index (CCE Index), and Weighted Capital Control Effectiveness Index (WCCE Index). The difference between them lies in that the WCCE controls for the differentiated degree of methodological rigor applied to draw conclusions in each of the considered papers. Inasmuch as possible, we bring to bear the experiences of less well known episodes than those of Chile and Malaysia. Then, using a portfolio balance approach we model the effects of imposing capital controls on short-term flows. We find that there should exist country-specific characteristics for capital controls to be effective. From this simple perspective, this rationalizes why some capital controls were effective and some were not. We also show that the equivalence in effects of price- vs. quantity-capital control are conditional on the level of short-term capital flows.
Topic:
Development, Economics, International Trade and Finance, and Markets
Political Geography:
Latin America and Southeast Asia

910. G7 to G8 to G20: Evolution in Global Governance

Author:
Gordon S. Smith
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
This paper provides a brief history of the evolution of the Group of Seven (G7) from its origins in the aftermath of the 1971 breakdown of the Bretton Woods system of exchange rates and the oil crisis in 1973. It then discusses Russia's participation at summits after the fall of the Berlin Wall, formally joining the group in 1997, thus becoming the Group of Eight (G8). The paper gives a concise account of the formation of the Group of Twenty (G20) finance ministers and central bank governors in the late 1990s, in the wake of financial crises in Asia and Latin America, which was elevated to a leaders' summit forum at the outbreak of the global financial crisis in 2008. The paper wraps up with a discussion of the differences in the G8 and G20 models, concluding that the G20 process is still the best option for meeting the challenges of complex global governance issues.
Topic:
International Cooperation, International Organization, International Trade and Finance, Financial Crisis, and Governance
Political Geography:
Russia, Asia, and Latin America

911. Turkey's "Demonstrative Effect" and the Transformation of the Middle East

Author:
Kemal Kirisci
Publication Date:
04-2011
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
A string of uprisings in Tunisia and Egypt followed by those in other countries have rekindled the issue of Turkey constituting a model for reform and democratization in the Arab world, a point raised by many Western and Arab commentators. Independent of this debate, what is lacking in the literature is an analysis of how come there is a “demand” for the Turkish model. This article develops the concept of a “demonstrative effect” and argues that it is this “effect” that makes the Turkish model of interest to the Middle East and that this “effect” is a function of three developments: the rise of the “trading state”, the diffusion of Turkey's democratization experience as a “work in progress”, and the positive image of Turkey's “new” foreign policy. The concluding part of the article discusses several challenges Turkey has to meet so that its “demonstrative effect” can have a positive impact.
Topic:
Cold War
Political Geography:
Europe, Turkey, Middle East, Asia, Latin America, and Hiroshima

912. Confronting the News: The State of Independent Media in Latin America

Author:
Douglas Farah
Publication Date:
06-2011
Content Type:
Working Paper
Institution:
National Endowment for Democracy
Abstract:
Freedom of expression and of the press in much of Latin America are under sustained attack by numerous authoritarian governments in the region, as well as non-state armed actors such as drug trafficking organizations and paramilitary groups. These attacks have made Latin America one of the most dangerous places in the world in which to be a journalist. Overall, the region, with the exception of the Caribbean, has suffered an almost uninterrupted deterioration of press freedoms over the past five years, reaching its lowest point since the military dictatorships of the 1980s.
Topic:
Civil Society, Democratization, Mass Media, and Governance
Political Geography:
Latin America and Caribbean

913. Striving for Developed Status: Costa Rica and the United States' 21st Century Engagement

Author:
Anne Slaughter Andrew
Publication Date:
04-2011
Content Type:
Journal Article
Institution:
Council of American Ambassadors
Abstract:
Fifty years ago, Costa Rica, like most of its Latin neighbors, was a developing country struggling for political stability and economic development. Today, we find Latin America as a whole, more stable, prosperous and democratic, with Costa Rica recognized as one of the most stable democracies in the Americas.
Political Geography:
United States and Latin America

914. Global Brazil and U.S.-Brazil Relations

Author:
Samuel W. Bodman, James D. Wolfensohn, and Julia E. Sweig
Publication Date:
07-2011
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
Brazil has transcended its status as the largest and most resource-rich country in Latin America to now be counted among the world's pivotal powers. Brazil is not a conventional military power, it does not rival China or India in population or economic size, and it cannot match the geopolitical history of Russia. Still, how Brazil defines and projects its interests, a still-evolving process, is critical to understanding the character of the new multipolar and unpredictable global order.
Topic:
Development, Economics, Globalization, and International Trade and Finance
Political Geography:
Russia, China, India, Brazil, and Latin America

915. Cutting the Link between Crime and Local Politics: Colombia's 2011 Elections

Publication Date:
07-2011
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Deeply entrenched connections between criminal and political actors are a major obstacle to conflict resolution in Colombia. Illegal armed groups seek to consolidate and expand their holds over local governments in the October 2011 governorship, mayoral, departmental assembly and municipal council elections. The national government appears more willing and better prepared than in the past to curb the influence of illegal actors on the elections, but the challenges remain huge. The high number of killed prospective candidates bodes ill for the campaign, suggesting that the decade-old trend of decreasing electoral violence could be reversed. There are substantial risks that a variety of additional means, including intimidation and illegal money, will be used to influence outcomes. The government must rigorously implement additional measures to protect candidates and shield the electoral process against criminal infiltration, corruption and fraud. Failure to mitigate these risks would mean in many places four more years of poor local governance, high levels of corruption and enduring violence.
Topic:
Political Violence, Corruption, Crime, Democratization, and Governance
Political Geography:
Colombia and Latin America

916. The Other BRIC in Latin America: India

Author:
Jorge Heine and R. Viswanathan
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
India emerges as a major partner for Latin America.
Topic:
Development and Government
Political Geography:
Russia, China, India, Brazil, Argentina, and Latin America

917. Puncturing the 4 Myths about Latin America

Author:
Raul Rivera
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
Most people have grown used to thinking about Latin America as a region of marginal global importance: painfully poor, violent, politically and economically unstable and, to top it all, fragmented into some 20-odd countries, each one different from the other. So when Jerry Wind, founding editor of Wharton School Publishing, invited me to speak on Latin America at a Wharton conference aimed at senior U.S. executives, I wondered what a group of U.S. businesspeople would be interested to hear about the region. Who, after all, would want to do business in a place like that? But how accurate are those perceptions? As I prepared for my talk, my conclusion was: not much. Let's address the four principal myths about the region one by one. Myth 1: Latin America Really Does not Matter Economically To start, the territory of continental Latin America is larger than the U.S. and China combined, four times larger than the European Union, and seven times larger than India—a country roughly the size of Argentina. With almost every ecosystem represented, it is in fact the world's most biodiverse region, containing five of the world's ten most biodiverse countries. The region's bio-capacity (the biological productivity of the land measured in hectares per capita) is also larger than any other's. Witness the region's role in the global food chain: it is the largest producer of soybeans, coffee, sugar, bananas, orange juice, a leading fishmeal producer, and a major grain and meat exporter. Its mineral riches keep world industry running: silver, gold, copper, zinc, lead, tin, bismuth, molybdenum, rhenium, telurium, borium, strontium—you name it. And it produces one out of every six barrels of oil. In fact, much of the global community depends on Latin America's vast riches for its prosperity—indeed, for its survival. To that point: the Amazon basin plays a crucial role in the recycling of atmospheric carbon, absorbing one fourth of all global emissions. Latin America's population, now approaching 600 million, is twice that of the U.S. and significantly larger than the combined population of the European Union. Those numbers do not include some 50 million U.S. permanent residents and citizens who trace their origins back to the region (and keep close ties with it). By 2050, the region's population will have risen to an estimated 800 million. Latin America is not poor either. It boasts a per-capita GDP similar to the global average: $10,000. It is no richer or poorer than the rest of the world. In fact, 400 million people, or two-thirds of all Latin Americans, already belong to the global middle class, with their purchasing power fueling much of Latin America's growth. With some 200 million people still living in poverty, Latin America's poor are still numerous. But their ranks are declining fast, at a rate of 5 million a year over the past decade. As a result, its Gini coefficient improved by 10 percent between 2002 and 2008. In brief: the world's poor are now elsewhere—mainly in Asia and Africa. A population this large combined with average income levels have turned Latin America into the fourth largest economy in the world, with a regional GDP of some $6 trillion (purchasing power parity). That is larger than that of Russia and India's combined—larger, in fact, than that of any country or region other than the U.S., the EU and China. Not bad for a “region of marginal importance.” You could argue that Latin America's fragmentation into small, separate markets makes all the difference. But you would be wrong. As a result of the free-market reforms of the past decades, Latin America's economy is now the most open to trade in the developing world, with average tariffs down to 10 percent or less. Intraregional trade is booming. Most significantly, Chile, Colombia, Mexico, and Peru have signed bilateral free-trade agreements (with both the EU and the U.S., though Colombia's is waiting for the U.S. Congress' approval). These agreements are giving rise to a free-trade zone of some 200 million consumers, larger than Brazil and fully open to global trade. Surprisingly, it does not yet have a name—or a space among the BRICs. It will, though. Let's name these four countries the L-4 for now...
Topic:
Economics and Poverty
Political Geography:
United States, Europe, India, Brazil, Colombia, Latin America, Mexico, Chile, and Peru

918. The Americas Go Glocal

Author:
Saskia Sassen
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
There is little doubt that the North-South axis remains dominant for Latin America's geopolitical positioning. But new relations are emerging and deepening at subnational levels, in turn creating new intercity geographies and challenging that geopolitical notion. These relations are a direct product of economic and cultural globalization. Some examples are the shift of migration from Ecuador and Colombia toward Spain rather than the U.S., the growing economic relations between Chinese businesses and organizations and São Paulo and Rio de Janeiro, and the emergent relations between these cities and Johannesburg, South Africa. The Internet has allowed a rapidly growing number of people to become a part of diverse networks that crisscross the world. And nongovernmental organizations (NGOs) from various parts of the world are establishing active connections over social struggles in Latin America. In other words, beneath the still-dominant North-South geopolitics, transversal geographies are growing in bits and pieces. One trend is the formation of intercity geographies as the number of global cities has expanded since the 1990s. These subnational circuits cut across the world in many directions. A second trend is the growth of civil society organizations and individuals who are connecting around the world in ways that, again, often do not follow the patterns of traditional geopolitics. The New, Multiple Circuits There is no such entity as the global economy. It is more correct to say there are global formations, such as electronic financial markets and firms that operate globally. But what defines the current era is the creation of numerous, highly particular, global circuits—some specialized and some not—interlacing across the world and connecting specific areas, most of which are cities. While many of these global circuits have long existed, they began to proliferate and establish increasingly complex organizational and financial foundations in the 1980s. These emergent intercity geographies function as an infrastructure for globalization, and have led to the increased urbanization of global networks. Different circuits contain different groups of countries and cities. For instance, Mumbai today is part of a global circuit for real estate development that includes investors from cities as diverse as London and Bogotá. Coffee is mostly produced in Brazil, Kenya and Indonesia, but the main place for trading its future is on Wall Street. The specialized circuits in gold, coffee, oil and other commodities each involve particular countries and cities, which will vary depending on whether they are production, trading or financial circuits. If, for example, we track the global circuits of gold as a financial instrument, it is London, New York, Chicago, and Zurich that dominate. But the wholesale trade in the metal brings São Paulo, Johannesburg and Sydney into the circuit, while trade in the commodity, much of it aimed at the retail level, adds Mumbai and Dubai. And then there are the types of circuits a firm such as Wal-Mart needs to outsource the production of vast amounts of goods—circuits that include manufacturing, trading, and financial and insurance services. The 250,000 multinationals in the world, together with their over 1 million affiliates and partnership arrangements worldwide, have created a new pattern of relations that combine global dispersal with the spatial concentration of certain functions often while retaining headquarters in their home countries. The same is true of the 100 top global advanced-services firms that together have operations in 350 cities outside their home base. While financial services can be bought everywhere electronically, the headquarters of leading global financial services firms tend to be concentrated in a limited number of cities. Each of these financial centers specializes in specific segments of global finance, even as they engage in routine types of transactions executed by all financial centers. It's not just global economic forces that feed this proliferation of circuits. Forces such as migration and cultural exchange, along with civil society struggles to protect human rights, preserve the environment and promote social justice, which also contribute to circuit formation and development. NGOs fighting for the protection of the rainforest function in circuits that include Brazil and Indonesia as homes of the major rainforests, the global media centers of New York and London, and the places where the key forestry companies selling and buying wood are headquartered—notably Oslo, London and Tokyo. There are even music circuits that connect specific areas of India with London, New York, Chicago, and Johannesburg. Adopting the perspective of one of these cities reveals the diversity and specificity of its location on some or many of these circuits, which is determined by its unique capabilities. Ultimately, being a global firm or market means entering the specificities and particularities of national economies. This explains why global firms and markets need more and more global cities as they expand their operations across the world. While there is competition among cities, there is far less of it than is usually assumed. A global firm does not want one global city, but many. Moreover, given the variable level of specialization of globalized firms, their preferred cities will vary. Firms thrive on the specialized differences of cities, and it is those differences that give a city its particular advantage in the global economy. Thus, the economic history of a place matters for the type of knowledge economy that a city or city-region ends up developing. This goes against the common view that globalization homogenizes economies. Globalization homogenizes standards—for managing, accounting, building state-of-the-art office districts, and so on. But it needs diverse specialized economic capabilities. Latin America on the Circuit This allows many of Latin America's cities to become part of global circuits. Some, such as São Paulo and Buenos Aires, are located on hundreds of such circuits, others just on a few. Regardless of the case, these cities are not necessarily competing with one other. The growing number of global cities, each specialized, signals a shift to a multipolar world. Clearly, the major Latin American cities have circuits that connect them directly to destinations across the world. What is perhaps most surprising is the intensity of connections with Asia and Europe. Traditional geopolitics would lead one to think that Latin America connects, above all, with North America. There is a strong tendency for global money flows to generate partial geographies. This becomes clear, for example, when we consider foreign direct investment (FDI) in Latin America, a disproportionate share of which goes to a handful of countries. In 2008, for example (a relative peak of FDI), FDI flows into Latin America were topped by Brazil at $45.1 billion, followed at a distance by Mexico at $23.7 billion, Chile at $15.2 billion, and Argentina with $9.7 billion. On average, between 1991–1996 and 2003–2008, FDI in Brazil increased more than five-fold while tripling in Chile and Mexico. Among the countries in the Latin American and Caribbean region receiving the lowest levels of foreign investment in 2008 were Haiti, at $30 million; Guyana, at $178 million; and Paraguay, at $109 million. Globalization and the new information and communication technologies have enabled a variety of local activists and organizations to enter international arenas that were once the exclusive domain of national states. Going global has also been partly facilitated and conditioned by the infrastructure of the global economy…
Topic:
Economics, Government, and Non-Governmental Organization
Political Geography:
United States, New York, America, South Africa, London, Colombia, Latin America, Mumbai, Sydney, Ecuador, Dubai, and Chicago

919. Argentina's Migration Solution

Author:
Gaston Chillier and Ernesto Seman
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
Most Latin American countries have regarded immigration policy as a function of border protection, using approaches that emphasize security and law enforcement, including strict regulation of work and residency permits. Nevertheless, such policies have not only failed in recent years to curb the growth of undocumented migrants; they have also clashed with resolutions adopted in 2003 and 2008 by the Inter-American Court of Human Rights that guarantee migrant rights. Argentina is a notable exception. Thanks to a law passed in 2004, it has emerged as a model for innovative immigration policymaking. The law incorporated the recognition of migration as a human right. But what really made it historic was the open, consultative process used to conceive, develop and pass the legislation. How Argentina got there is an instructive story—and it may hold lessons for its neighbors and for other areas of the world. A Country of Immigrants Struggles with Its Limits As a country known both as a source and a destination for immigrants, Argentina has always carved out a special place for itself in Latin America. In the nineteenth century, it forged a national identity through an open-door immigration policy that was geared selectively toward European immigrants. But migration from neighboring countries such as Bolivia, Chile and Paraguay increased steadily to the point that—by the 1960s—the number of immigrants from its neighbors outpaced arrivals from Europe. In response, Argentina imposed stricter controls on the entry and exit of foreigners, beginning with legislation introduced in 1966. The legislation established new measures for deporting undocumented immigrants. In 1981, under the military dictatorship, legislative decrees that allowed the state to expel migrants were codified into law for the first time as Law 22.439, also known as La Ley Videla (named after the military dictator Jorge Rafael Videla, who was later convicted of human rights violations). The law contained several provisions that affected constitutional guarantees, including the right of authorities to detain and expel foreigners without judicial redress; the obligation of public officials to report the presence of unauthorized immigrants; and restrictions on their health care and education. For example, undocumented immigrants could receive emergency health care, but hospitals were then obligated to report them. The resolutions and decrees of the National Migration Office—first established in 1949—turned the office into a vehicle for the violation of migrant rights and precluded it from regulating immigration and addressing immigrants' status. From the downfall of the military dictatorship in 1983 until 2003, congress failed to repeal La Ley Videla or enact an immigration law in accordance with the constitution and international human rights treaties recognizing migrant rights. In fact, the executive branch expanded the law's discriminatory features and promoted the autonomy of the National Migration Office to establish criteria for admission and expulsion from the country without any legal oversight. The continuation of La Ley Videla relegated close to 800,000 immigrants—most of whom came from neighboring countries—to “irregular” status, with serious sociopolitical consequences. Efforts to rectify the situation at first met little success. In the absence of reform, Argentine immigration policy was based on individual agreements with countries like Bolivia and Peru to regulate immigrant flows. These agreements failed to address the larger realities of immigrant flows and Argentine authorities often expelled immigrants despite the treaties. As a result, courts repeatedly upheld detentions and expulsions sanctioned by the immigration authorities, with no formal mechanisms to ensure justice for immigrants. In turn, the high cost of filing or pursuing an appeal generally made this an unlikely option. In 1996, this unjust and unsustainable situation led to the creation of the Roundtable of Civil Society Organizations for the Defense of Migrant Rights, a diverse coalition of human rights groups. The roundtable sought to counter xenophobic rhetoric from state ministries and from the president. It worked for migrant rights and included a diverse coalition of immigrant associations, religious groups, unions, and academic institutions. A key goal was to expose the contradictions and inconsistencies of La Ley Videla by sponsoring reports on human rights abuses of migrants, bringing cases to court and submitting complaints to the Inter-American Human Rights System. In 2000, the organization outlined a specific agenda to repeal La Ley Videla and to pass a new immigration law that respected the rights of foreigners. Criteria for the new legislation included: administrative and judicial control over the National Migration Office; reform of deportation and detention procedures to guarantee due process; recognition of the rights of migrants and their families to normalize their immigration status; and elimination of discrimination and other forms of restrictive control in order to ensure access to constitutionally guaranteed social rights and services…
Topic:
Human Rights, Migration, and Immigration
Political Geography:
America, Argentina, Latin America, Chile, and Bolivia

920. Ask the Experts: The New Brazil and The Changing Hemisphere

Author:
Kevin P. Gallagher, Arturo Sarukhan, Anne-Marie Slaughter, and Kurt G. Weyland
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
Do traditional models of international relations apply in Latin America?
Topic:
International Relations, Economics, Environment, and Government
Political Geography:
Brazil, Latin America, and Mexico