Democracy and Human Rights Special Topics

1. Democracy and Human RightsSpecial Topics CPO 4306

2. Special Topics Courses • If you have taken a Special Topics Course previously you can still get credit for this one • If you take this one and want to take another Special Topics Course in the future you can do that and get credit • Opportunity to explore a new topic

3. Purpose of this course • To explore what has happened in cases of democratization after human rights violations • To consider this question across several different regions of the world • To allow you to help me think about a new book on human rights and democracy

4. Readings • Coursepack • Hard copy = $25 • E copy = $9.40 • Also includes Anderson unpublished, chapter 3 only • Books as listed on syllabus • One book is Anderson, 2010 • Books also on reserve 2 hours plus overnight.

5. Talk about the reading • Coursepack • Anderson • There are no texts for a class like this • Frei • Wood

6. What happens in cases like these? • What difference does it make that a nation experienced gross human rights violations? • Is it possible to develop democracy in the aftermath of such events? • What alternative paths have nations chosen?

7. Cases Chosen • Europe: Germany • Africa: South Africa • Latin America • Chile • El Salvador • Argentina

8. The Latin American Cases • Argentina • First case • Few examples to follow • Became an example itself • Chile • Came later • Possibly the most successful • El Salvador possibly the least successful

9. Order of the course • Germany • First • Worst • Early example • Latin America • Largest number of cases • South Africa best known best example

10. Coursepack material • Robert Rotberg and Dennis Thompson: Truth vs Justice: The Morality of Truth Commissions – selected chapters • Anderson unpublished (don’t read this yet)

11. Rotberg and Thompson • First introduction to some of the issues • Vocabulary • dilemmas

12. Goals • Truth • Justice • Reconciliation, social healing

13. Goals • Preventative (never again) • Restorative (healing for victimes [if alive]; for families [ if victims are dead]; and for society at large) • Move society to a new place where it can let go and move forward

14. Choices • Acknowledge or ignore? • Investigate or close the books? • Trials? Yes or no • If Trials then where? • Military courts? Chile • Civilian courts? Argentina • International tribunals? Germany • Special judicial authorities? S Africa

15. Choices: Investigate • Once we know, then what • Punishment or amnesty? • If punishment, what punishment? • Reparations or no?

16. Power of Outgoing Regime • Varies considerably • Human rights violators want impunity • Power can also change with time

17. Role of International Community • Varies • Can be central and essential (Germany, El Salvador) • Can be interested observer (S. Africa) • Can be totally absent (Argentina)

18. International Role • Depends on timing • This has only been a field since 1990s • If you were Germany you had no examples • Today there are many examples, all slightly different

19. Choices in finding truth • Public or private • Who to interview • Should you also interview perpetrators?

20. Other relevant terms • Forgiveness • Vengance • Just punishment • Catharsis • Repentance • Restorative justice

21. Coursepack Chap 2Gutmann and Thompson • Realism: the task is too large, let it go and move on • Prosecution is impossible or unfeasible • Compassion • Relief • Redemption • Forgiveness • Spirituality, possibly a religious experience (role of religion)

22. Terms • Retributive justice (punishment) • Restorative justice (dignity) • Reparations • All of these cases have had to make decisions about each of these terms.

23. Blame • History • How far back do you go? • Is history irrelevant at some point? • Example of S Africa and the Boers vs the English

24. Alternative positions • Amnesty and restoration are incompatible • Amnesty ruins democracy • Amnesty makes justice impossible • Disharmony is good for democracy

25. What about human rights violations by liberation movements?

26. Alternative answers • Ignore • Punish • Acknowledge but treat differently: justifiable struggle versus deliberate repression

27. Value of deliberation • Sitting down to talk has a value • Social discussion is part of democracy • Try to disagree without being extreme

28. Who is guilty? • The top general or president? • Those who gave orders? • Those who followed orders? • Those who were spies? • Those who voted? • Those who looked away? • Those who did not fight back?

29. Forgetting vs Remembrance • Forgetting favors perpetrators • Remembrance provides dignity. This is a crucial point. Society must acknowledge what happened to these people • But eventually victims also need to forget or accept • How far to go in either direction?

30. Forgiveness • Do people have to forgive? • Should people decide never to forgive?

31. Mired in the muck of compromise • From Elizabeth Kiss, p 70 • Most countries have found answers to all of these questions that are compromises • Someone is always dissatisfied • Someone always wants more or less

32. Germany What to do with the Nazis?

33. Brief history of Germany

34. 2001 with me? If not, Theen and Wilson or any other brief text on Germany history

35. Germany democracy • Germany came to democracy late relative to France, Britain and US • Became democratic after being a monarchy • Began democracy just prior to WWI

36. German skepticism about democracy • Inexperience with democracy • Greater faith in a central, non-democratic leader • Democratization coincided with • Defeat in war • Economic depression

37. Breakdown of German Democracy • Defeat in war: reparations payments, esp to France • Economic crisis • Hitler offered a solution: let me solve all your problems for you • Germans voted for him

38. Complexity of the Fascist Vote • Social Democrats opposed Hitler and the Nazis from the outset • They were the only party to take this position • They recognized Hitler for who he was • Conservatives did not take the Hitler threat seriously. Did not oppose him but did not support him

39. Hitler’s Victory • Nazism won a plurality, not a majority • In a parliamentary system • Making Hitler Chancellor, not President • A position more like Prime Minister in Britain • This is not a separate presidential mandate but his PARTY was in power

40. End of Democracy • Hitler then ended all elections • Someone burned the Reichstags (symbolic more than practical) but it has come to symbolize the end of democracy • Probably was the Nazis but this has never been proven • Gradually increased repression and control

41. Hitler’s Soup Kitchens • Provided food to poor and unemployed • Credit support for farmers losing farms • Family support for new and young families • Various types of real poverty relief • Ursala’s story

42. Complexity of Hitler Support • Not everyone supported the Nazis but many people did • Those who supported the Nazis had good reason to do so • The ugly side of Nazism did not reveal itself until after it won power and not even immediately after winning. Nazism came slowly, the stealth factor.

43. Defeat in War • Utter collapse of the Nazi regime with no power and no legitimacy • No influence over new democracy • Absolute occupation by Allied Forces • Germany divided

44. Return to Democracy • Overseen by Western Allies, W Germany only • Began with Nuremburg Trials, top officials • Suicide of Hitler • Denazification (Chap 2 of Frei)

45. Frei: Chap 1 • 1945-1949 • By 1949 major trials past • 1949 amnesty law

46. Amnesty • 4 years of trials • Effort by Western allies to govern Germany • When does Germany begin to govern itself? • Expenditure of time by Western governments

47. Deliberation • Result of parliamentary decision • Extensive discussion in media • Further discussion by judiciary and in law journals (amnesty to be applied by judges inside domestic courts in individual cases)

48. Overseen by Western Allies • Adenauer checked the law with the occupying powers • Checked again as it formulated itself • Respect for Adenauer by Allies

49. Further Amnesty Details • Context for democracy had existed before the 12 years of Hitler’s authoritarianism • Only one side target of prosecution • Brits offer amnesty on certain days (part of German argument) • Amnesty started small, expanded gradually

50. Quote • What must cease in Germany is the chase after human beings (p 22) • The end of vengance • Figures p 24 • ---------- • Amnesty also as a rejection of occupation, re-establishment of nation, assertion of self