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The Myth of Martial Law: the Dynamics of Crisis Management and Fragmented Human Rights Boom in Argentina

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The Myth of Martial Law: the Dynamics of Crisis Management and Fragmented Human Rights Boom in Argentina THE MYTH OF MARTIAL LAW: THE DYNAMICS OF CRISIS MANAGEMENT AND FRAGMENTED HUMAN RIGHTS BOOM IN ARGENTINA CARLOS TORRES A DISSERTATION SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY GRADUATE PROGRAM IN SOCIOLOGY YORK UNIVERSITY TORONTO, ONTARIO SEPTEMBER 2013 ©CARLOS TORRES, 2013 Abstract Key words: myth of martial Jaw, crisis, fragmented human rights, social movements, Argentina This dissertation examines social movements in Argentina; in particular the differential impact the organization of Las Madres de Plaza de Mayo has in advancing human rights. The paradox with this social movement is that while it contributed to human rights awareness and induced legal changes, it was simultaneously able to materialize authoritarian practices. To this end, Las Madres de Plaza de Mayo utilized human rights as a banner to legitimize their engagement in social struggle. However, what is concealed is that the organization uses human rights for their own economic advancement. To synthesize, the goal is to examine how human rights works as a type of hegemonic power for social movements, while they may at times advance human rights, they may simultaneously betray perspectives of social justice and equity. This dissertation inquires into fragmentation in social movements struggle to materialize human rights. This dissertation also examines the concept of martial law. The objective here is to demonstrate how the widespread use of the term is problematic because the content of martial law is subject to historical juncture and prevailing power systems. The point is that rather than martial law having a clear category, it is rather nebulous. Notwithstanding the brutal force that may be unleashed by invoking martial law, it will also be demonstrated that its power is not absolute, but rather shaped by other social forces as well. This suggests that under martial law, it is important to account for how other social forces position their respective agendas. 11 One of the social forces that mediate martial law is social movements. What will be examined is the way that social movements oscillate between elements of martial law as consciousness and praxis; and yet paradoxically, their ability to materialize fragments of human rights. Similarly, although martial law has been the dominant state paradigm in Argentina, under the Kirchner administration, there appears to be a shift in state power to a human rights agenda. Accordingly, this dissertation will examine the extent to which the Kirchner administration vacillates between fragments of martial law and human rights discourse and practice. 111 Dedication I want to thank the following people for without their guidance and support this intellectual endeavor would not have been possible. All the shortcomings of my dissertation are exclusively mine. Thank you to my dear friend Dr. Livy Visano, who has offered unyielding support from the beginning. I learned a lot from your engagement with the countless manuscripts I submitted to you. I particularly appreciate that you helped me identify the limits of my analysis. Without your mentorship, it would have been difficult to overcome existential issues and academic stress. I take forward a few vital lessons: to be critical of my own perspectives and to stand in solidarity with students. I want to thank Dr. Merle Jacobs for her support and guidance throughout my academic career. I appreciate her solidarity and faith in that I would overcome personal strife. Thank you for reminding me that I could always reach out to you. Thank you to Dr. Paul Brienza who provided me with intellectual engagement on my dissertation. Thank you for providing me with resources to consult and your friendship. Thank you to Dr. Claudio Colaguori for your guidance and friendship throughout. I benefited very much from our talks, your feedback and the resources you suggested. Thank you to Dr. Naomi Couto for your encouragement throughout. Thank you to Dr. Jay Goulding for your solidarity. This dissertation would not have been possible without the unyielding support of my father who worked very hard so that I could receive an education. I also want to thank him for his love and faith in me. Thank you to Marina Nikolovski for your love, patience and support throughout this endeavor. i appreciate that you cultivated space for me to IV reflect and write. Thank you to Xena for our long walks and talks. Thank you to my family in Argentina who provided me with countless discussions on my dissertation and was disposed to exchanging conflicting views on this topic. Thank you to Kristoffer Espejo for inspiring me to rethink my own perspectives, for your solidarity and for our countless talks. Finally, I want to thank those that are no longer with me, but are watching over me. Your love and solidarity carried me through especially during tumultuous periods in my life. v Table of Contents Abstract ............................................................................................... ii Dedication ..................................................... ·....................................... iv Chapter one: Introduction .......................................................................................... 1 AJ Understanding the Politics of Martial Law in Argentina ................................. 6 BJ Social Movements in Argentina and Dynamics of Crisis Management ................. 11 CJ Outline of Chapters .................................................................................... 20 Chapter two: Towards an Anarchical Methodology ............................................................ 25 A] Limits of Positivist Methodology ............................................................ 27 BJ Anarchic Methodology ........................................................................ 38 Chapter three: The Limits of Martial Law in Argentina ....................................................... 49 A J Exploring the Historical Roots of the Concept of Martial Law ......................... 51 BJ Broadening Emergency Powers: The Myth of State Sovereignty in the Context of Bail-Outs ............................................................................................ 65 CJ Dynamics of Crisis Management ............................................................ 74 DJ Summary ........................................................................................ 80 Chapter four: Urban Revolt: Challenging the Legitimate Use of Force Under Martial Law ............. 83 A J The Struggle over the Right to the City: Human Rights and Social Justice .......... 89 BJ The Paradox of Collective Memory ........................................................ 97 Chapter five: The Human Rights Industry in Argentina .................................................... 115 VI A J Anarchism . 11 7 BJ Anarchism in Bolivia ........................................................................ 126 CJ The Limits of Human Rights Boom in Argentina ....................................... 133 DJ Summary ...................................................................................... 141 Chapter six: Social Movements as Discourse and Praxis: Rethinking Universalism and Cultural Relativist debate on Human Rights ............................................................ 145 A] Social Movements: Theorizing Human Rights from Below ............... : ............. 149 B] The Limits of State Centric Views on Human Rights ............................ , ...... 157 CJ The Limits of (I)NGOs Human Rights Enforcement .................................... 161 D] The Myth of Universalism vs. Cultural Relativism ..................................... 166 E] Reflections ..................................................................................... 170 Conclusion .......................................................................................... 175 Bibliography ....................................................................................... 185 Vll Introduction Mucho tiene que contar el que tuvo que sufrir y empezare por pedir no duden de cuanto digo, pues debe crerse al testigo si no pagan por mentir (Hernadez 1999: 116). 1 Jose Hernandez articulation above captures the pain and deplorable condition of the gauchos in Argentina. 2 Of course, at the time in which los gauchos were being persecuted, the official narrative by the Argentinean state was that they were being relocated to remote parts of the country for the purpose of work. What links the horrific experience of los gauchos to the disappeared and everyday Argentineans is how they have been defrauded by those that claim to represent them. On the other hand, similar to los gauchos, civil society in Argentina has been embroiled in various paths of resistance. I selected this passage from Hernandez to contextualize themes of pain, deceit and resistance as central characteristics of Argentinean civil society. For the last two centuries, Argentina has been marked by martial law as the dominant form of ordering civil society (Pla et al 1984; Pigna 2005; 2006; Bethell 1998). Scholarship on ordering has focused on the exercises of state power on targeted populations in times of real, contrived and/or perceived crises (Agamben 2005; Schmitt 2005). The problematic here is not necessarily that the state engages in such practices, but rather how other social forces capitalize optimizes their respective interests during times of crisis. That is, corporations
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