Making meaning of violence: Human rights and historical memory of the conflict in El Salvador

Human rights narratives about victimization run the risk of depoliticizing the acts of violence that created victims. In many communities in El Salvador, grassroots memory narratives have not suppressed victims' participation in the revolutionary movement before and during the country's civil war. Quite the contrary, one of the key reasons Salvadoran survivors identify for doing memory work is preserving revolutionary ideals — not to preserve the accounting of abuses, as is familiar in international human rights circles, but rather to relate the underlying reasons why so many risked so much. There is reason to believe this is different than other countries in postconflict Latin America. This may be the result of the relative weakness of postconflict accountability efforts and a reality that may give victims less perceived incentive to frame their life histories in ways that intersect with dominant human rights tropes. It may also pose a challenge as legal accountability efforts accelerate in the years ahead.     

Judicial Reform – A Neglected Dimension of SSR in El Salvador

ABSTRACT

Security Sector Reform is an integral part of peace-building but the focus of international actors tends to be on formal state security providers. This article argues that reforms in the judicial system are key for the non-violent transformation of societal conflicts. Based on historical institutionalism a theoretical argument links justice and peace. Reforms of the judiciary need to be an integral part of SSR because otherwise reforms in the military and the police can easily be undermined or turned back. A case study on El Salvador provides empirical insights on the interrelation between reforms of these institutions.     

Sustainability as a Measure of Success: Externally Promoted Participatory Budgeting in El Salvador 10 Years Later

This article examines the sustainability of externally promoted participatory budgeting (PB) over more than a decade and, given the results, considers the implications for participatory practice in international development. In 2009, I investigated the continued utilization of PB as introduced through a US‐financed local government development project in post‐war El Salvador. I examined all 28 project municipalities 5 years after the project ended and found limited but important PB sustainability. In 2015, I replicated the study, using the same parameters in the same 28 municipalities, more than 10 years after completion of the project. This article presents the findings of the latter study and compares them with 2009 results. PB continues to be utilized in more than half of the 28 municipalities examined—a striking example of long‐term sustainability—although there is also little continuity of use among individual municipal governments. I conclude that PB is becoming institutionalized, in part because of the initial project. This case of sustainability and institutionalization of PB may allow us to be more optimistic about the potential effects of participation in international development. Copyright © 2017 John Wiley & Sons, Ltd.     

National Policy‐Making in Indigenous Affairs: Blueprint for an Indigenous Review Council

This article examines the dearth of any representative Indigenous role in national Indigenous affairs policy‐making and suggests a remedy. After making the case for a specific Indigenous place in national policy‐making, the article considers the reasons for the failure of the Aboriginal and Torres Strait Islander Commission (ATSIC), the body that filled this brief for a decade and a half. The article then considers three possible ways of ensuring an Indigenous role in the policy‐making process: a replacement for ATSIC with specific policy powers; set seats for Indigenous representatives in federal parliament; and the creation of a new elected body whose role would be to review Indigenous affairs legislation. The article concludes that the latter proposal in particular is worth trialling as it would ensure a significant Indigenous voice in national policy‐making while learning from the mistakes that led to ATSIC's demise.     

Contracting for Indigenous Health Care: Towards Mutual Accountability

In Australia and other industrialised countries, governments contract with the non‐government sector for the provision of primary health care to indigenous peoples. Australian governments have developed policies and funding programs to support this health sector, but the current arrangements are unduly complex and fragmented. The results of our study show that the complex contractual environment for Aboriginal Community‐Controlled Health Services (ACCHSs) and their funders is an unintended but inevitable result of a quasi‐classical approach to contracts applied by multiple funders. The analysis in this article highlights potential policy and program changes that could improve the effectiveness of funding and accountability arrangements, based on the use of an alliance contracting model, better performance indicators and greater clarity in the relative roles of national and jurisdictional governments.     

Potential through paradox: indigenous rights as human rights

This paper takes the ratification of the U.N. Declaration on the Rights of Indigenous Peoples as its departure point. Reactions to the Declaration have thus far been mixed. According to advocates, these events signal ‘a new consensus’ that brings ‘to an end the nation states’ history of oppression of indigenous peoples’. According to critics, however, we have uncritically assumed an alliance between human rights and Aboriginal rights initiatives. This paper draws on these conflicting accounts, the theories of Rancière, and a discussion of a current Canadian court case to offer an assessment of the political possibilities of the UN declaration. Overall we argue that the value of the Declaration rests on our interpretation of the political process by which these rights are enacted. The possibilities of rights-based politics are always contextually dependent. In some instances a human rights frame can represent radical repositionings and rearticulations while at the same time always risking the possibility of co-optation. The acts of politics, in particular acts of dissensus, are the key factors that will impact whether the Rights of Indigenous Peoples lead to transformation or to the reinforcement of the status quo.     

Human rights for women: an argument for 'deconstructive equality'

The status of universalism has been much debated by feminists at the end of the twentieth century. Poststructuralist feminism is readily positioned in these debates as antagonistic to normative universalism. It is criticized as such: how is injustice to be judged and condemned if contestation and the openness of ungrounded universalism are the only ideals? This paper is a 'sub-philosophical' enquiry into the normative commitments to equality implicit in poststructuralist feminism and its relationship to 'actually existing' human rights for women as they have been re-worked by the international feminist movement. It argues that poststructuralist feminism can be used to provide support for one possible understanding of equality encoded in the Convention on the Elimination of All Forms of Discrimination Against Women. It addresses feminist concerns over universal rights as androcentric and ethnocentric, arguing that extending human rights to women is compatible with poststructuralist commitments to anti-essentialism and anti-foundationalism and required by the model of 'deconstructive equality' implicitly shared by CEDAW and poststructuralist feminism.