Protecting Human Rights: The Legitimacy of Judicial System Reforms in EL Salvador

Abstract — Research on democratic transitions in Latin America often ignore the importance of judicial systems — and related institutions — in achieving 'liberal democracy' and effectively safeguarding human rights, as contrasted with the restoration of 'electoral democracy.' This proves especially problematic in the instances of the former military-dominated authoritarian regimes of Central America. This article examines the efforts at judicial system and related reforms in EL Salvador since the 1992 Peace Accords, and relates those reforms to popular perceptions, both of previous institutions and of the institutional reforms and new institutions that have been created as part of the peace-making process. The reported survey research results suggest that the reforms on which liberal democracy in El Salvador depends, while generally viewed positively in the abstract, still rest on shaky foundations.     

The Socioeconomic Implications of Dollarization in El Salvador

This study argues that the costs associated with El Salvador's dollarization clearly outweigh the benefits and that the decision to dollarize was prompted not only by the need to promote economic growth, but also by the impluse to serve the interests of the financial sector and the large entrepreneurs who control the ruling ARENA party. Although the policy facilitates investment and international financial transactions, it has a negative effect on the poor by increasing inequality. To develop this argument, the authors discuss the socioeconomic and political situation in El Salvador at the time of dollarization, examine the Law of Monetary Integration, and analyze die effect of the dollarization policy on the poor.     

The Authoritarian Executive? Horizontal and Vertical Accountability in Nicaragua

This article uses empirical evidence from Nicaragua to examine Guillermo O'Donnell's argument that new democracies often become undemocratic delegative democracies and that vertical accountability is not enough to stop such encroaching authoritarianism. While events in the last five years have focused attention on illegal executive behavior by former president Alemán, Nicaragua's democracy actually has experienced authoritarian presidencies under all the major parties. Elections and popular mobilization have strengthened the independence of the legislature, however. Mechanisms of vertical accountability thereby have proven more effective than expected in restraining executive authoritarianism and fostering institutions of horizontal accountability. The case of Nicaragua shows that citizens can use the power balance and separate institutional mandate of presidential democracy to limit authoritarianism.     

Civil Society Engagement in Trade Negotiations: CAFTA Opposition Movements in El Salvador

This article analyzes civil society participation in the free trade debate by focusing on networks that opposed the Central American Free Trade Agreement (CAFTA) in El Salvador. Drawing on documents, direct observation, and semistructured interviews with civil society leaders, two kinds of opposition coalitions are identified. "Critic negotiators," emphasizing active engagement and policy research, used the limited participation space opened by authorities to push for reform. "Transgressive resisters," repudiating the formal consultation process, deployed confrontational tactics and posed more fundamental challenges. This work uses social movement theory to explore coalition resource mobilization, the role of movement entrepreneurs, strategic decisionmaking, mechanisms linking local and transnational activists, and the dynamics of intramovement competition.     

Controlling the Police in Buenos Aires: A Case Study of Horizontal and Social Accountability

The article analyses the interaction between various forms of accountability on the basis of a case study of responses to the Federal Police of Argentina's practice of framing innocent victims. The failure of classic agencies of balance to establish accountability was compensated in this case by the creation of an ad hoc agency of oversight, an investigative commission established by the Attorney General, that interacted with social agents of accountability. The analysis points to the ambivalent role of the media in both supporting and exposing illegal police practices and shows that the cooperation between the commission and social actors was crucial to its success.     

Defining Rights in Democratization: The Argentine Government and Human Rights Organizations, 1983–2003

Defining the rights that must be protected in a democracy is an integral component of the process of democratization. In the case of Argentina, the definition of these rights results partly from important debates between human rights organizations (HROs) and the state. Argentine HROs have framed their demands for state protection of human rights in terms of the need to protect the family. Yet HROs' successes in using international courts as arbiters may be reducing their need to present their demands in this framework.     

The Human Rights State: Justice Within and Beyond Sovereign Nations

The Human Rights State: Justice Within and Beyond Sovereign Nations. By Benjamin Gregg (Philadelphia: University of Pennsylvania Press, 2016). pp.viii + 283. US$59.95 (hb).     

‘(Young) Men With Big Guns’: Reflexive Encounters with Violence and Youth in El Salvador

The phenomenon of youth gangs has emerged as one of the most visible and feared expressions of violence in El Salvador in recent years. This article explores the process of researching violence associated with gangs from a feminist perspective, focusing on the challenges presented by conducting research in a context where popular perceptions of violence often reflect wider hegemonic social discourses concerning gender and youth, and where there exists a gap between actual violence and its representation. The article addresses the tensions that can emerge between the research process and popular conceptualisations of violence through an exploration of issues of researcher identity, subjectivity and constructions of ‘other’. It documents a research process that came to be shaped – theoretically and practically – by both individual and collective representations of violence, and shows how youth violence and youth gangs, in particular, concretely come to provide a central epistemological axis for societal fears and insecurities.     

The Koreans of Japan: An Issue of Human Rights

Abstract

By 1965, Taiwan has changed from a labor surplus economy into a labor shortage economy. This article examines how rising demand for labor due to rapid economic growth in Taiwan has been met since 1965. This article attempts to answer 1) Where did the labor supply come from? 2) Has all of the potential labor supply been tapped and exhausted? 3) Is it possible for labor shortage and unutilized labor reserve to occur simultaneously? The authors hope that this study will lead to a better understanding of the limitation of the free market mechanism and help identify the proper public policies to enhance labor utilization.     

The Discourse and Practice of Counter-Terrorism in Liberal Democracies

This article examines the post-Cold War tendency to broaden the counter-terrorism mandate to include other phenomena such as organised crime, drug-trafficking and illegal immigration. This redefinition has important implications for democracy, both at the level of discourse and at the level of practice. At the level of discourse, the plasticity of the word "terrorism" and its application to a wide variety of phenomena is a form of claims making activity by a variety of agencies fighting for budgetary allocations in an era of cost-cutting and deficit reduction. At the level of practice, the counter-terrorism mandate is being expanded to include the range of phenomena covered in the widening discourse and this, in turn, has led to a blurring of boundaries between internal and external security, police and military models of control, and public and private sectors. All this has an impact on the openness of government, the accountability of agencies of social control, the adherence to the rule of law in the fight against terrorism and related phenomena, and the possibility of informed consent by a public made fearful by the claims-making discourse as it is disseminated through the mass media.     

The Limits of Normative Power Europe in Asia: The Case of Human Rights in China

In recent years an increasing number of works on EU international actorness have begun to focus on notions of “normative, value-driven external policy”. However, the majority of these works tend to uncritically analyse EU foreign policy without considering its internal complexity and the existing national, supranational and intergovernmental dynamics. This paper first sheds light on these issues by proposing an original theoretical and analytical framework to study European, rather than merely EU, normative foreign policy. Secondly, this paper attempts to empirically apply such a framework in the specific case of European human rights promotion in China. What emerges is that in the case of China, and Asia more broadly, Europe appears more as a normative trap, where the interaction of EU institutions and member states originate policies not in line with the EU human rights normative basis.