HUMAN RIGHTS IN THE SOUTHERN CONE OF LATIN AMERICA[SANITIZED] - 1977/06/01
Document Type:
Keywords:
Document Number (FOIA) /ESDN (CREST):
00201458
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
13
Document Creation Date:
April 3, 2019
Document Release Date:
April 12, 2019
Sequence Number:
Case Number:
Publication Date:
June 1, 1977
File:
Attachment | Size |
---|---|
HUMAN RIGHTS IN THE SOUTH[15500308].pdf | 2.58 MB |
Body:
Approved for Release: 2018/09/17 C00201458
t� , �
Rights in the Southern Cone
of Latin America
Approved for Release: 2018/09/17 C00201458
Approved for Release: 2018/09/17 C00201458
Approved for Release: 2018/09/17 C00201458
3.5(c)
� 51 .1 o th....aatt n � Atitibiiifk
Approved for Release: 2018/09/17 C00201458 x
'
CONFI
Human Rights in the Southern Cone
of Latin America
Centml intelligence Agency
liNo;ctorole of Inieffigener
I June 0177
Key Judgments
Human rights have been violated�sometimes flagrantly�by the
authoritarian military regimes that have come !o power in the southern cone
of Latin America. Repression, characterized by torture and other inhumane
practices, has been directed for the most part at leftists, but others have been
victimized as well, largely by governments reacting to real and imagined
threats to stability. As a result, human rights guarantees have been
subordinated to the priority concerns of imposing order on sometimes
fractious societies and concentrating on economic development and growth.
Our basic judgments about this pattern are that:
� Authoritarian military or quasi-military governments will
remain in power for the foreseeable future and will continue to
accord low priority to the human rights question.
� Improvements in human rights practices will depend more on
the military's assessment of local security and insurgency
conditions than on outside pressures
� Where basic reform is instituted, the process will be slow at best
and may be measured only in terms of cosmetics rather than
substance. Moreover, the continued existi.nce or security
apparatuses geared ,to repression increases the chances of
retrogression.
� Where the terrorist threat has subsided, there has been a gradual
easing of the worst kinds or offenses, but this trend is by no means
irreversible.
� External criticism of human rights abuses in the southern cone
may lead to limited improvements; reprisals by Washington will be
viewed as infringements on national sovereignty, and are more
likely to provoke continued defiance than serve as catalysts for
improving the human.rights situation in any fundamental way.
Approved for Release: 2018/09/17 C00201
Approved for Release: 2018/09/17 C00201458P:V
The Judgment of what rights all people
are entitled to enjoy is a sublective one, and
If Varies from culture to culture. Human
rights for the purposes of this paper are de-
fined as protection of persons from arbi-
trary.arrest and imprisdnment, toriure, and
murder. Although this 'paper addresses the
relationship between authoritarianism and
human rights, a broad definition of human
rights that includes the right to a democratic
form of government and to certain social
and :economic benefits goes be�Vond the
there are
scope of this discussion4
In trying' tO define hionan rights
lint/ta lions in venturing generalizations
about a geographic region. In the case of the
fire South American countries�the south-
ern Cone�discussed in !this study, however,
there are swim common trends that can be
discerned and various conclusions that can
be drawn about recent developments.'
The Roots of the Problem
Human rights problems cre not new in Latin
America. Throughout the history of the region,
even so-called "democratic" governments have
sometimes engaged in repression and systematic
violations of basic individual rights. The noto-
riety of these acts--especially among the authori-
tarian governments�has become more pro-
nounced in recent years because of improved
worldwide communications and greater inter-
national emphasis on human rights problems.
CO IAL
South American military regimes today are re-
acting in similar fashion to real or imagined
threats to order and stability and have adopted a
doctrine that is stridently anticommunist, but
largely antidemocratic as well. The resort to tor-
ture and other inhumane practices to suppress
perceived threats to stability has been a part of
this pattern. '
Constitutional rule has been extinguished or
drastically altered; political freedoms have been
shelved; and political parties have been banned or
tightly circumscribed. Where elections are still
held, they are usually rigidly controlled with
little doubt as to their outcome,
The protection normally afforded by the judi-
cial process has been abrogated by the imposition
of states of siege in some countries, thereby giv-
ing the military broad discretionary powers to
suspend many rights and guarantees. Govern-
ments have used these emergency powers to
crack down on suspected subversives. Although
the target has beer leftist extremists and other
opponents, innocent persons have also felt the
impact of arbitrary actions.
The preeminent role of the military in count-
ering subversion in Latin America and a long-
standing tolerance of highly centralized govern-
ments have reinforced the trend away from dem-
ocratic practices. Once in power, the military has
assumed sweeping measures to guarantee security
and combat leftist influence.
Approved for Release: 2018/09/17 C00201458
lortusym ,
Approved for Release: 2018/09/17 C00201458V�e^'
1 ,
I There are a number of sociopolitical factors
that Ilisie facilitated this process. The first is that
i little, value is placed on the rights of the individ-
ual. In the Latin American �ontext. fundamental
rieWs are not viewed as sacrosanct. The state is
! 1 the rbiter of what rights are inalienable and de-
- termines how justice will be administered. The
vast imajority of the people, by and large, is not
bolered by what happens to the fringe elements
of s ciety. :In addition, although a separation of
powers exists in theory, in practice the Latin
AniCrican executive has usually functioned in an
autdcratic ;manner. Judicial and ' legislative or-
:
gan.1, where they exist, do not have the independ-
enc4 that marks North American and some West
Etir, pearl models. Moreover, in their desire for
sectpity anti the preservation of their society,
la Int Americans have often acquiesced in strong
military rule and endured constraints on their in-
dividual freedoms.
11 1
j I
i hose who have had their rights abused tend to
cone from all walks of life, and their political
vies or activism seem to be the primary criteria
that make. them subjects of government repres-
sioii. In many cases, young poople from :middle-
or tpper-class families who have participated in
extremist movements or sympathized with leftist.
cai,ses have been jailed or tortured by Security
services to obtain information about their associ-
ates and subversive organizations. I ;
!
I
Among; the military officers who noW direct
; the governments Of Argentina, Brazil, Chile, and
Uruguay, there is a firm conviction that former
civilian politicians had failed to halt a drift to-
ward political polarization and violence in their
societies. The armed forces have equated I this fail-
: ure with the inability Or the democratic system to
, ,
� cope with the complex problems of Latin Amer-
icas "less developed," status. Their ati!tlibritar-
, iiiiiism has been improvised as a'result and does
not follow the classic pattern:of military dictator-
ship. The old archetype of *lc military strong.
, Iman as defender or the oligarchy and of elite
in terests has been Supplanted by a new image of
; the military as catalysts of national development
, and progress as we ,1 as defenders of national sccu-
: 1.4.
i ! .
' CO
_CONFIgrinid.
An important aspect or the trend toward mili-
tary dominance in the area is the impact of the
drive for modernization on the thinking of the
current generation of armed forces leaders. The
economic difficulties generated by political dislo-
cations have impressed them with the need to
channel their countries along a path of sustained
development and growth. While most of these
countries have been plagued at one time or an-
other by runaway inflation, a lack of investment
capital, or economic stagnation, their societies
have been strained by the demands of a rapidly
expanding urban population and middle class.
After taking power, the military has sought to
guide the processor economic transformation by
imposing tough and sometimes unpopular poli-
cies. A concentration on assuring political stabil-
ity at any cost to guarantee a continuity of poli-
cies within a coherent modernization strategy has
frequently meant that concern for basic human
rights has had a very low priority.
The Southern Cone
Where the terrorist threat has subsided�in Bra-
zil, Chile, and Uruguay�we believe there has
been a gradual easing of the most offensive kinds
of violations, including torture, illegal detention,
and political kidnapings, firm confirmation of
this sort of information is hard to come by, but
the impression held by embassy sources and inde-
pendent in:crnational organizations that monitor
the human rights situation in Latin America is
that fewer violations in these countries have been
recorded so far this year than a year ago. In gen-
eral, there is no discernible pattern in the number
of human rights violations in the southern cone.
but us long as the repressive machinery remains in
place the chanca of a resurgence cannot be ruled
out.
Repression by the military regime in Brazil has
been mitigated, in part, during the past year or so
by President Geisers removal or officials respon-
sible for illegal arrests and torture. Military and
police organizations reportedly have orders from
high-level officials to prohibit torture and other.
forms of mistreatment. Detainees in security
cases have experienced improved conditions, but
2
Approved for Release: 2018/09/17 C00201458
,11.; :I liti�MatimathiMmeelf. ""Za,t tiorti I
;Approved for Release: 2018/09/17 C00201458'.�
�Georistowe !
yANA ,Pii smoribe
,,Cayspas
WUHAN! .punes
litANA'
th r
ATLANTIC
OCEAN
BRAZIL,
� La Psi
BpLIVIA
*Suers
PACIFIC\
OCEAN
ARGENTINA
I ATLANTIC
OCEAN ,
FAL LAND ISI ANDS
(IS11S mAt twv,nsi
(ALA relmtsto.d 14, U
CUDiflurel b Amootinal
,
�,o4i 1 4111431
q.sel 10.1 Penr!r14.1
irate I 17 OM UM
11o.in.tory w.p.m....m..1m,
Ant notoi.tolv auM ..... npv�
.9tomric..
c NTIAL
Approved for Release: 2018/09/17 C00201458
I. .
pproved for Release: 2018/09/17 C00201458
Ofqlft0 14115:441.
there are still occasional reports of harsh treat-
ment and arbitrary detentions.
Although leftist guerrilla activity has virtually
been wiped out in Brazil and Uruguay, Argentina
is still suffering from sporadic acts of terrorism.
The zealous pursuit of the remaining terrorists by
Argentine security forces still gives rise to abuses.
Killings and disappearances continue to charac-
terize the antisubversivc campaign, even though
many hardcore terrorist leaders have been elimi-
nated and their support apparatus gravely weak-
ened. '
Argentina may now be at a crotsroads. The
terrorists, although by no means out of business,
are clearly on The run. This is obvious to all Ar-
gentines, and the security forces take consider-
able pride in their achievement. At the same time,
however, there are officers who believe that the
elimination of:the guerrilla activists is merely the
beginning and that there Must no* be a grand
offensive against, the intellectual authors of sub-
version to root out the basic causes of terrorism,
I
Should such an offerisiVe take plaCe, it could
occur in the form of purges of schoe�land univer-
sity faculties, government bureaus4 and journal-
istic, intellectual, and artistic circles to a degree
not et experienced. In such an inv;ronment,
anyone even remotely identifiable With leftist or
merely liberal 'views would have reason to fear for
his job or position, if not his very life. Thus far,
the military government has not seamed inclined
to move in such a direction. From what we know,
President Videla and his supporters arc opposed
to repressive tactics against these pefsple.
H
The outcome hinge, however; on Vidcla's
ability to control the so-called "hardline" offi-
cers, [which he has been able to do so far. Some
moderate officers may now be alarmed at the
implications of a current investigation of promi-
nent citizens allegedly linked to subversion.
Among the hardliners, the more vengeful may
want to exploit the case by exaggerating it to
"prove" their contention that subversion is so
deeply imbedded that extremely harsh measures
are justi fled.
The case centers on the family and associates
of a wealthy financier who are under suspicion
because of the financier's purported financial as-
sistance to the Montonero guerrillas. The number
of persons implicated has grown steadily, but
firm charges of subversion have been leveled
against few, if any. Moreover, accusations against
the principal figures have yet to be substantiated.
Many of those implicated are Jewish; some occu-
pied key positions in the Pcronist government;
some arc journalists. One is a former military
president. At least some Argentines are becoming
uneasy that anti-Semitism�always close to the
surface in Argentina�and political retaliation are
as much behind the investigation as a genuine
belief that real links to subversion exist.
Human rights problems in the smaller and
more backward nations of the continent, such as
Paraguay and Bolivia, have not aroused as much
international attention. These isolated nations
have experienced long periods of dictatorial rule,
and periodic episodes of abuse are not unusual.
The current lack apolitical turbulence probably
accounts for the slight attention paid to viola-
Bons within these countries. On the other hand,
in cases such as Uruguay and Chile, where long
traditions of civil liberties existed, the worst as-
pects of military repression have triggered strong
protests abroad.
The military-dominated Mendez government
in Uruguay has grown considerably more con-
scious of its poor reputation on human rights.
Prior to the recent US aid cut, Uruguay appeared
to be making some effort to bring improvements.
In reprisal for US moves, however, military hard-
liners have put aside�at least temporarily�any
plans for further relaxation. The Council of State
earlier approved legislation reducing minimum
, sentences for certain kinds of activities associated
with subversion but its effectiveness has not yet
been shown. In November 1976, the US embassy
estimated that approximately 1,800 persons
were still being detained for political reasons. In-
stances of torture and prolonged detention have
decreased, but the military retains a firm gip on
the government and has extensive powers in the
area of individual rights and guarantees. Most of
the violations recently cited by human righ s
CQNPITIAL
Approved for Release: 2018/09/17 C00201458
rti MOW 41 4610.1441MiNtatsro
;Approved for Release: 2018/09/17 C00201458
ty
critics cover complairts dating back a year or
more.
In Chic, the experiment with Marxism under
Allende led to the end of a period of democratic ,
rule that had extended over nearly half a century.
The intervention of the armed forces in 1973
brought to power a military establishment with
little practical political experience, a strong dis-
taste for partisan politics, and no coherent pro-
gram to deal with Chile's economic and political
problems. The result has been the imposition of
draconian measures that have made Chile an in-
ternational pariah�although its human rights vio-
lations in many respects have been no worse than
those of its neighbors.
Early this year, the Pinochet government ap-
peared to be turning toward legal practice in
security cases. The procedural cleanup may have
been temporary, however, since new evidence of
torture. illegal detentions. and "disappearances"
is coming to light. This backsliding comes at a
particularly had time for Chile, since West Euro-
pean governments were beginning to take note of
the substantial improvement in human rights
practices. A renewed wave of abuse by intelli-
gence organizations is certain to refuel the human
rights controversy and provide new ammunition
for Chile's critics.
Meanwhile, the courts are pressing the govern-
ment on past eases, some of which are almost
certain to embarrass the regime. Perhaps the most
positive advance made by the government in
moderating its hardline policy during 1976 was
the release of some 2,700 political prisoners, leav-
ing only about 500 still incarcerated on various
charges. Civil freedoms remain rigidly restricted,
however, and the outlawing of the remaining
democratic parties in March was a stark reminder
that open political expression is not tolerated.
The Legal and Humanitarian Aspects
While concern for human rights has generally
been defined in terms of the Universal Declara,
tion of Human Rights adopted by, the UN, wide
differences of opinion exist about what are viola-
tions of, human rights. International require-
ments of sta43 in human right i matters arc, for
CON F PAL
the most part, vague and nonobligatory. State-
ments of good intentions about achieving mini-
mum standards are more common than a willing-
ness to take concrete steps to uphold them.
Where military regimes have enforced state-
of-siege decrees, prisoners have been denied
access to civil courts and have been deprived of
such procedural safeguards as amparo � the Latin
American juridical equivalent of habeas corpus.
In some countries, summary courts martial have
dealt with internal security cases, normally the
most sensitive politically. These tribunals tend to
deal more sternly and expeditiously with cases
than the civil judiciary, which is notoriously cum-
bersome and inefficient in much of Latin Amer-
ica. Adding to the problem are the civil judges
themselves and their fear that either the subver-
sives or right-wing groups will take action against
them.
Some military regimes have rewritten orate in
the process of redrafting national security codes.
The aim apparently is to ensure that the military
has a significantly enhanced role in controlling
future situations considered inimical to national
security and stability. In spite of legal requisites,
in practice the armed forces are likely to act on
the basis of expediency rather than any firm dedi-
cation to observance of legal principles. As long
as constitutional rule is in abeyance and no real
independent check on executive authority exists,
this situation is not expected to change dramat-
ically.
Deference to ..gal propriety has been disre-
garded most often by intelligence and security
services, which usually have wide-ranging powers
and virtmil autonomy in their operations. This
broad mandate has been used at times to conduct
activities of an illegal nature�although ostensibly
designed to protect the national interest. Acting
under the state of siege and other extraordinary
powers, prisoners have been held incommu-
nicado and without being charged. Authorities
have been able to detain, search, and interrogate
anyone at any time or place. Physical and psycho-
logical torture have been employed as devices to
extract information. Such practices have gene-
rated strident criticism abroad.
Approved for Release: 2018/09/17 C00201458
;-*
CONFiD
et king against abandonment of these prac-
tices in Latin America is the fact that torture has
been found to be an effective tool in tooting out
subversion. Intelligenceservices have obtained in-
formation quickly that has enabled them to foil
insurgent operations, frequently b)i surprise. The
sophistication of torture technology today is
such that there are few Individuals Who cannot be
made to reveal information or to !confess to
charges. Military regimes have also perceived the
utility of the threat of torture to intimidate op-
leadership in
,Lt2112211.1410;stbieeta*0-4.4...
Approved for Release: 2018/09/17 C00201458
�
position polltical movements.
It is highly plobable !that the
most instances has either condoned such prac-
tices outright In the Past or at least turned a
blind eye to them. External preSsures and the
reduction of an internal threat evidently arc
having some Success in: compelling a few regimes
to halt the worst kinds of excessei, but there
will probably be no fundamental change as long
as these governments deem it ; necessary to
resort to extreme measures against their "cm-
!
mies."
)
Obstacles to lr"orm
The new : breed of military ruler in South
America has been slow to respond to charges of ;
human rights violations but quick to voice !
annoyance with what they see as external !
"meddling" in matters they believe fall exclu-
sively within their sovereign prerogative. Most
have insisted that if the rights ! of a minority !
have been disregarded, it has been to protect !
the rights of the majority frJm internal subver-
sion. ,
Military and security forces consider them-
selves to be the front line of defense against a ,
relentless Communist offensive in which they
are also usually a prime target. Reinforcing this
siege mentality is the officers' conviction that
what they are doing is in the highest national
interest. They also believe that their mission is
partly one of saving Western Christian civiliza-
tion from Communism, a task that they think
has been abandoned by a weakened and divided
US. They point to detente as evidence that US
accommodation with Communist countries is a
6 ;
me.
sellout and an invitation to infiltration of alien
! ideas.
Another closely related factor contributing
to the military's rationale that its ironhanded
methods are correct is the evident lack of strong
opposition on the part of a substantial portion
of the population. Most Latin Americans do not
view human rights per se as a domestic problem.
Indeed, the vast majority is unaffected by the
brutal treatment inflicted on a minority consid-
ered to be extremists.
The Latin perception of the human rights
situation is quite different from that of other
Western nations,' where it is seen from a
different cultural perspective. In countries such
as Uruguay and Argentina, where rampant
terrorism has caused the most fear and appre-
hension among substantial elements of the
population, the restoration of order by other
than legal means has been viewed as a nasty but
unavoidable business.
The traditional inclination of Latin Ameri-
cans to accept authoritarianism may also in-
crease the tendency to overlook behavior that is
unacceptable elsewhere. Many Latin Americans
have been prone to dismiss criticism from
abroad as simply ill-informed or Communist-in-
spired.
In Chile, the violent and chaotic conditions
of the Allende years left a deep scar on the
nation, and internal support for the junta was
impressive, if not universal, at the outset.
Disillusionment has set in during the past
several years, but the absence of free opinion
makes it difficult to judge the extent of support
for the junta or its opponents. Many people are
not effusive about the methods of the austere
military regime, but have accepted the necessity
for it while expressing guarded optimism that
gradual improvement is possible.
For most of these governments, however, the
future of democratic institutions does not
appear bright. Whatever form of government
evolves under military auspices, the authoritar-
ian infrastructure is not likely to chance sub-
Approved for Release: 2018/09/17 C00201458
A La.A.4.1a,i rAilialt1141
pproved for Release: 2018/09/17 C00201458!`:
stantially. Because they have come to power by
,extractmstittitional means, these governments
:will probably attempt to compensate for their
, lack f legitimacy by creating a new institu-
tional framework that reflects and reinforces
, their own doctrines and ideas. This process
probably will offer a few openings for a
' loosening of the present restrictions on human
rights.
� ;Reaction to Foreign Criticism
Criticism by the US and the suspension of aid
to Uruguay,: Argentina. and Chile :have pro-
voked a sharp reaction. Much of the outburst
� stemmed from a belief that Latin America is
being unfairly discriminated against by: eco-
nomic reprisals since Communist nations receive
- little jmore than a tongue-lashing. Indignation
rose %it/en higher when Latins saw South Korea
'J and the Philippines , being granted exceptions
because of their security value to the US. !Latin
Americans resent the insinuation that they are
not important to the I./S.
j !
I
I
, Latin pique over the US position has been
manifested by a conspicuous', cooling in rela-
tions and, in some eases, the rejection Of ,US
aid. The Brazilians Jacted to terminate -military
agreements with the j US. Argentina made clear
that eradication of terrorism will be undertaken
by, whatever means the military government
deems necessary, even if it entails a deteriora-
tion in relations with the US. Chilean leaders
signaled their displeasure by cracking don, on
politkal opponents�varticulaily! former 'presi-
dent !refs Christian Democrats�and by vowing
that no further concessions would be made to
world; opinion, which the Chilean junta b6eves
it cannot appease in any case.
� � " �
The irritation expressed by the southern cone
!' governments to US chiding on human rights will
subside eventually, but ;the issue seems likely to
remain an underlying source of trouble. j As
tempers cool and military leaders have a chance
to reflect on the situation, attitudes may shift
enough to permit renewed movement tOward
!
j� moderation.:
CONFD11AL
....C.014066:1TIAL
International censure has had a measurable
impact on the human rights situation, in large
part because of the efforts of the world press to
draw attention to the problem. In Argentina,
for instance, the much publicized habeas corpus
petitions filed by relatives on behalf of 425
persons whose whereabouts are unknown ap-
pear to have prompted the Supreme Court to
ask for an investigation by the government.
In addition, organizations such as Amnesty
International, the International Commission of
Jurists, and the human rights commissions of
the UN and the OAS have participated in
investigating or publicizing human rights viola-
tions. Other groups such as the International
Committee of the Red Cross and the Interna-
tional Committee for European Migration have
aided in resettlement of political refugees and
monitoring of humanitarian conditions. The
Catholic Church has been an outspoken source
of criticism and has facilitated some improve-
ments in Brazil and Chile: in Argentina it
recently issued its first formal condemnation of
human rights abuses. In a number of instances,
the release of political prisoners, the reduction
of torture and illegal disappearances, and better
conditions for political prisoners can be attri-
buted to the cumulative efforts of these groups.
Political and economic pressures�such as
withholding loans or making arms sales�exerted
by other governments have also compelled
change in the human richts situation, but the
results have varied from country to country and
are difficult to evaluate. ,Where such actions
have had a corrective influence, they have not
always been without unfortunate side effects.
As a quid pro quo for their steps to curb abuses,
the military governments expect some recogni-
tion of their efforts. The unfavorable image of
most of these governments abroad, however, is
such that the slow pace in rcstoring funda-
mental rights does little to appease their critics.
Private diplomatic persuasion has been used
with some limited success to influence the
course of human rights protection, but there is
no assurance that the device will work in the
absence of other means of leverage. Given the
Approved for Release: 2018/09/17 C00201458
4
I
414, etttr,tIPP:iff airilAttit iwNiititeiVetsktsuitailittiklittttitile ifaitt..11` �
TApproved for Release: 2018/09/17 C00201458,
,
btFt0ti.L 1 ,
,
rawbacks of using the stick, however, the value
I using the carrot may be increasing.
:
An approach tailored for each country that
recognizes and applauds even small Steps taken
o limit human rights violations may induce
oncessions from governments that employ
murder, torture, and kidnaping as weapons
gainst their enemies. But southern cone re-
gimes will continue to be suspicious of US
piotives as well as of initiatives for international
oversight that appear to interfere :with their
sovereign national rights. 1 1
With the restrictions now placed on some of
hese governments by the US in the areas of
conomie and military aid, there :may be a
limited amount of leverage avakble to achieve
tibstantial new, improvements. The Latins have
alked .at what they believe is a US plan to use
lid as a weapon, and they are certain to react
iegatively to any further moves they consider
unitive. Chile, Brazil, and Argentina are al-
eady looking elsewhere for military hardware
that they cannot procure from the US.
:
To avoid being further isolated at the interna-
tional level, the countries of the southern cone
may find it prudent to take a new look at
possible policy. adjustments. They will only do
so. however, at a time when it does not appear
that they are bowing to foreign pressures. An
easing of repression is more likely to result from
evolutionary forces within the society than
from external demands for change, which tend
to bolster a siege mentality. i
An Inter-American Challenge?
All of the 1 Latin American nations have
signed the Universal Declaration of Human
Rights, and most of them have incorporated it
in their respective constitutions. The Chapul-
tepee conferente of American states, which met
in 1945 to lay , the groundwork for 'the postwar
reorganization , of the inter-American system,
adopted a resolution appealing for ithe interna-
tional protection of human rights.I Since then
the Organization of American States has in-
cluded provisions on human right*, which are
further strengthened by amend: '`!N to the
Protocol of Buenos Aires concluded in 1967.
Noncompliance with these statements of princi-
ple has been the rule more often than the
exception.
Recommendations have occasionally been
made in Latin America favoring enforcement of
basic human rights, but misgivings over possible
encroachments on sovereign rights have pre-
vented agreement on any solution. As early as
1945. a Uruguayan foreign minister called for
"multilater.1 collective action, exercised with
complete unselfishness" to bring about the
"reestablishment of essential rights" in any
country suffering under dictatorship. The US
gave unqualified support to the idea, but a
majority of the American republics turned it
down.
1 he inter-American convention adopted by
the OAS Council in 1968 provided for the
creation of an Inter-American Court of Human
Rights. Compulsory judgment was to be op-
tional, however, and the court has never been
used to settle a human rights dispute because of
the special sensitivity of Latin Americans to the
question of intervention.
Despite the recent dismal record of Latin
American states in upholding human rights, the
Inter-American Commission on Human Rights,
functioning under the OAS, ills scored rela-
tively high marks in the past for acting on
complaints and undertaking investigations. It
has used its powers more boldly than most
other regional or international organizations. Its
observers have periodically exercised a close
supervisory role in monitoring and bringing
human rights problems to the attention of
governments in the Americas.
The commission has encountered obstacles in
fulfilling its objectives. Nevertheless, it is dedi-
cated to impartial fact gathering and to expo-
sure of the more flagrant violations of hattic
liberties and might well be the most acceptablo
and workable solution to the question of how
to effect action on human rights abuses. This,
of course, would depend greatly on the extetit
Approved for Release: 2018/09/17 C00201458
peroved for Release: 2018/09/17 C00201458,1
1
I
to which political realities permit 'even Ow
present commission to operate evenhandedly
and to muster majority support for compliance
ith adequate safeguards. , l
1 I i
i }
,
Members of the commission made anon-the-
scene visit to Chile in 1974, but OAS inertia in
dealing with the group's findings has done much
to immobilize it since then. In any Case, Latin
, Americans would probably prefer dealing with
1 ' the OAS than with the UN. Relations between
Chile and the UN Human Rights Commission
have beery strained since July 1975, when
Ii President Pinochet reneged on a iiromise to
' allow a visit by a UN fact-finding mission. While
' the Chilean junta is hypersensitive to, outside
attacks on its human rights record, it believes a
i More sympathetic hearing can be obtained from
i the American states than from radical third
ivorld countries in the UN
1
i
Multilateral representations on human rights
Make the US less vulnerable to charges of great
power onrcion. The OAS Secretary General,
� for example, might serve as a moderating force
In encouraging greater hemispheric respect for
human rights.
i
Outlook i
1 We expect that the South American govern-
ments singled out most frequently for human
frights infractions will remain authoritailan for
Ithe foreseeable future. In the absence of any
realistic challenges, there is no current alterna-
tive to the military as arbiters of power.
Respect for human rights will be largely de-
pendent on the military's judgments regarding
internal security conditinns or local insur-
gency�not outside pressures. ,
Where progress occurs, it will be a slow
process. Ameliorative action to correct the
worst abuses of human rights will probably be
taken in the short term, but real movement
toward broader liberalization measures is less
likely within the next few years.
The r %It's generals in most of the southern
cone slum similar views on enforcing stability�
if necessary, by repressing any activity they
considel- threatening, particularly from the left.
The military's mission, as the Chilean junta has
stated in its Declaration of Principles, is one of
"cleansing our democratic system from the
vices that facilitated its destruction."
These countries will remain sensitive to inter-
national opinion and will weigh their responses
in terms of the potential costs, such as increased
isolation or economic and political reprisals. As
they comprehend the earnestness of the US
commitment on human rights, the principal
offenders may strive to alleviate some US
concerns, to contain further antagonism over
the issue, and to restore some balance to
bilateral relations.
On the debit side, it is evident that US-Latin
American relationships are apt to be strained
for some time over the human rights issue.
Continued resentment and defiance on Pie part
of some Latin American governments could
persuade them to side more actively in interna-
tional forums with third world initiatives that
run contrary to US interests. If pressures were
reduced, on the other hand, these governments
might continue to rely on repression and stall
on taking measures to liberalize their regimes.
IDENTIAL
Approved for Release: 2018/09/17 C00201458
1014.4111111i x ,
,Approved for Release: 2018/09/17 C00201458;
Thx.
CONFI
The author of this paper Ls Com-
ments and queries are welcome and should be
directed to
CONF � TIM.
Approved for Release: 2018/09/17 C00201458