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The London School of Economics and Political Science The Missing Memory of Transitional Justice: How Argentina and Uruguay confronted past evils, 1983-2009. Francesca Lessa A thesis submitted to the Department of International Relations of the London School of Economics for the degree of Doctor of Philosophy, London, September 2009 UMI Number: U510632 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U510632 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 USSSi f QlSL Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without the prior written consent of the author. I warrant that this authorization does not, to the best of my belief, infringe the rights of any third party. Abstract This thesis investigates the relationship between memory and transitional justice (TJ) in Argentina and Uruguay from the 1980s to the present The research focuses on two questions. First, how do TJ policies emerge and evolve over time? Second, what is the connection between TJ and the memory of past human rights violence? These important concerns have, thus far, largely been sidelined by the literature. It is proposed here that memory is both integral and central to TJ policies, not only in terms of specific memorialisation initiatives (museums, memorials) that are sometimes examined by the scholarship. Through the use of interviews, as well as primary and secondary sources, the following conclusions were reached. First, the origins and evolution of TJ can be explained with reference to various dynamics, actors and power balances at local, national and international spheres. In Argentina and Uruguay, TJ was cumulative: every initiative was built upon previous achievements, complementing them. TJ often unfolded through unpredictable and unconventional paths, bearing witness to triumphs and failures, set backs and sudden developments. Second, an interactive and dynamic interplay exists between memory and TJ. TJ initiatives are in fact influenced by ideas and representations of the past violence held by relevant social and political actors. Examining these narratives helps achieve a deeper understanding of how TJ policies were implemented and evolved. Additionally, TJ mechanisms, especially trials and truth commissions, often champion, whether explicitly or not, specific understandings about what happened during the contested years of violence. For years, Uruguay successfully minimised discussion on past crimes to the limited sphere of human rights activism. By contrast, the Argentine Executive never achieved such a hegemonic position on the landscape of memory and TJ. Rather, it was forced to endure a difficult co-existence with the military and human rights activists. 3 Acknowledgements The number of people that I need to thank is rather extensive. I will do my best not to miss out any of them. Writing a PhD thesis does not only require time and dedication, but a lot of emotional energy too. Over these four years, I was extremely lucky to be surrounded by many people, so generous and kind, that supported me throughout this process. This thesis would not have been written without them. There are no words to thank my supervisor, Professor Chris J. Brown. He provided constant intellectual guidance and advice throughout the years. He also accepted me as one of his supervisees half-way during my first year at the LSE. Welcome aboard, he told me. I will never forget those words. I will never either be able to express my gratitude to him. Dr. Dominique Jacquin-Berdal is not here to see and celebrate the completion of this work. A project she believed so much in to select me among the numerous students that apply to the LSE every year to embark on doctoral research. I hope I have fulfilled her expectations. There are three women in my life that never faltered in their unconditional love and encouragement. My mother is my rock, she is always there for me, no matter what. Everything I have achieved so far in my life is thanks to her. She is my model, strong, selfless, and compassionate. My sister knows me better than I know myself. I am sorry I was not there for you as much as I should have during these years. But you always saw the bigger picture and believed in me and my work. My grandmother has been a never- ending source of love and encouragement, as well as financial support. I will never forget that. 4 I want to thank some family members but also friends that are so dear to me to effectively be part of my family. They make my life so special and help me in some many ways. Thank you Chiara, Martina, Silvia, Rosy, Giovanni, Claudia, Federico, Toto, Vasken, Tina, Henry, Hanya, Helen, Susana, Valerio and Teresa. Rayen and Alma deserve a special mention. They listened to me endlessly talking about my work (to the point of boredom) and helped me with my Spanish. Alma - without you, I would have never learnt Spanish in time to carry out my fieldwork interviews. How can I ever thank you? Rayen - you put up with me for the last ten years, accompanied me and patiently listened to several of my conference presentations. I hope I returned your kindness and friendship somehow. During my fieldwork in Argentina and Uruguay, I was fortunate to meet many people that were very altruistic and welcoming, accepting to receive me to discuss the themes of this thesis. I thank each and every single one of my interviewees. I want to however mention a few of them in particular as they went to extreme lengths to help me. They did so for their enormous kindness. Thank you Alfonso, Andres, Pilar, Roberto, Lucia, Marisa, Fernando, Santiago, Emilio and Julian. Raul, thank you for believing in me and always being there when I needed you. I am so lucky to have you in my life. Finally, thank you to Carsten, the best Warden ever, and Jackie for your patience. Ghislaine, for inspiring and encouraging me to apply for a PhD; Henry, for explaining to a curious little girl what the word PhD after your name meant. I would like to acknowledge the assistance of the University of London Central Research Fund, the Society for Latin American Studies and the LSE Department of International Relations for their financial support that allowed me to undertake fieldwork in Argentina and Uruguay in 2007 and 2008. 5 Last but not least, I would like to express my gratitude to the LSE Department of International Relations for awarding me the International Relations Research Studentship (2005-2009) and the RJ Vincent Memorial Scholarship (2007-2008) without which this thesis would not exist. To my father I miss you every day Thank you fo r giving me the strength to see this project through. I love you very much. This thesis belongs to you, Mum and Chiara. In loving memory of Rocco Pietro Lessa Michele Lessa 6 Table of Contents Introduction ..............................................................................................................................9 Literature Review...............................................................................................................11 The Early Days of Transitional Justice .........................................................................13 From State Terror to State Failure: Transitional Justice in the 21st century.................18 How is This Thesis Different?....................................................................................... 23 Case Studies ...................................................................................................................... 26 Research Questions and Arguments ............................................................................... 27 Thesis Outline.................................................................................................................... 29 1............................................................................................................................................. 32 The Politics of Transitional Justice....................................................................................... 32 1.1 Mechanisms of Transitional Justice............................................................................33 1.2 The Key Phases and Actors of Transitional Justice .................................................. 45 Authoritarian Rule and Repression .............................................................................. 45 Democratisation processes ........................................................................................... 57 The new government...................................................................................................58