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Unpublished Paper
Working Paper: Comparative Country Studies Regarding Truth, Justice, and Reparations for Gross Human Rights Violations: Brazil, Guatemala, and Chile
IHRLC Working Paper Series No. 2 (2014)
  • Laurel E. Fletcher
  • International Human Rights Law Clinic, Berkeley Law, International Human Rights Law Clinic, Berkeley Law
Abstract
This paper examines transitional justice initiatives undertaken in Brazil, Chile, and Guatemala to address the widespread human rights abuses perpetrated during the military dictatorships of the 1960s, 1970s and 1980s in those countries. The research presented here aims to inform the Armed Conflict Resolution and People’s Rights
Project (ACRes) in formulating proposals to redress human rights violations committed in areas that have experienced internal armed conflict or mass social unrest in India. The three countries considered in this paper serve as appropriate comparative cases as they share important features with the Indian context. In particular, Brazil and Chile enjoy similar levels of economic development as India. And, although by some measures Guatemala has not achieved a level of economic development comparable to India, the persecution of ethnic groups and the gendered dimensions of the violence in Guatemala offer relevant points of comparison between the two countries. Importantly, all three Latin American countries share with India a history of state-sponsored torture and enforced disappearances perpetrated against suspected political opponents. Most importantly,
the expenditures made on reparations in these three countries suggest the potential for India to undertake similar measures. Finally, this paper is best considered in conjunction with its companion piece addressing the international law on the right to remedy for enforced disappearances and its application in India.
Disciplines
Publication Date
April, 2014
Comments
This Working Paper was prepared by students in the International Human Rights Law Clinic
under the supervision of Laurel E. Fletcher, Clinical Professor of Law and Director, International
Human Rights Law Clinic for the Project on Armed Conflict Resolution and People's Rights
(ACRes), Center for Social Sector Leadership, Haas School of Business at the University of
California, Berkeley. Angana Chatterji, Co-Chair of ACRes and Mallika Kaur, Director of
Programs, ACRes provided helpful comments. Clinical Fellow Katrina Natale ’15 gave
invaluable editorial assistance. We thank Olivia Layug, Associate Administrator for Berkeley
Law’s clinical program for her help with production.
Citation Information
Laurel E. Fletcher and International Human Rights Law Clinic, Berkeley Law. "Working Paper: Comparative Country Studies Regarding Truth, Justice, and Reparations for Gross Human Rights Violations: Brazil, Guatemala, and Chile" IHRLC Working Paper Series No. 2 (2014)
Available at: http://works.bepress.com/laurel_fletcher/39/