Outline of a Diplomatic Leader in the International Community: Hernán Santa Cruz and his Works at the United Nations

Erna Ulloa Castillo, Cristian Medina Valverde

Human Rights Quarterly, Volume 41, Number 4, November 2019, pp. 962-981 (Article)

Published by Johns Hopkins University Press DOI: https://doi.org/10.1353/hrq.2019.0069

For additional information about this article https://muse.jhu.edu/article/735803

[ This content has been declared free to read by the pubisher during the COVID-19 pandemic. ] HUMAN RIGHTS QUARTERLY

Outline of a Diplomatic Leader in the International Community: Hernán Santa Cruz and his Works at the United Nations

Erna Ulloa Castillo & Cristian Medina Valverde

ABSTRACT This article analyzes the life of a diplomat who played a pivotal role in the United Nations, Hernán Santa Cruz Barceló of . This diplomatic leader focused on creating the Economic Commission for Latin America and the Caribbean as well, as the commission that drafted the Universal Declaration of Human Rights. Through this analysis of his internationalist philosophy, his management as ambassador, and his friendships with vari- ous presidents of the Republic, critical milestones will be examined that marked not only his vision for international relations, but also his most characteristic feature: his faith in the human spirit and a superior destiny.

Erna Ulloa Castillo obtained her bachelor’s degree in Social Communication and her Professional Degree in Journalism from the Universidad Católica de la Santísima Con- cepción (Chile). She obtained her Ph.D. in History from the University of Valladolid (Spain). She is currently a Professor in the Department of History and Geography at the Universidad Católica de la Santísima Concepción. Her main research focuses are History of International Relations in Chile during the XX-XXI centuries, History and Cinema. [email protected] Cristián Medina Valverde obtained his bachelor’s degree in History from the Pontificia Universidad Católica in Chile and his Ph.D. in History from the Universidad Complutense de Madrid (Spain). He is currently a Professor of Research at the Institute of History, Department of Law and Government, at the Universidad San Sebastián (Chile). His main research focuses are History of International Relations in Chile during the XX-XXI centuries. [email protected] This article was supported by the Research Department of Universidad Católica de la Santísima Concepción in Chile, through the Commission for financing academic activi- ties. This work was also supported by Project FONDECYT N°1170184 and the National Commission of Scientific and Technological Research (CONICYT), Chile.

Human Rights Quarterly 41 (2019) 962–981 © 2019 by Johns Hopkins University Press 2019 Hernán Santa Cruz Leader in the International Community 963

I. INTRODUCTION

Throughout history there have been numerous characters that have impacted a process, time, or period of life, but for various reasons, they have unfor- tunately been relegated to the general oblivion, barely survived but for the people closest to them who remember their works. A clear example is Hernán Santa Cruz Barceló, a virtually unknown dimplomat for new generations, despite being a man who left a deep impression on others not only in the context of international diplomacy, but in the vision of the most significant institution in international history of the latter half of the twentieth century, the United Nations. Influenced by a family environment of enlightened bourgeoisie and public servants, Santa Cruz, a man with an open attitude towards getting acquainted with the outside world and an interest in what happens in it, became familiar with international affairs at an early age. Over the course of time, and to the extent to which he fulfilled various functions, he developed an active diplomatic life that later led him to become part of various insti- tutions within the international community. He travelled to more than 100 countries and established contact with the world’s most influential leaders. The experiences he gained throughout his professional life nurtured his vision and influenced his contributions to the guidelines of the United Nations. Hernán Santa Cruz stood out for his enthusiastic defense and promotion of inalienable and universal human rights at this time. This was especially admirable in the context of World War II, what with its legacy of devastation and the subsequent need to rebuild an international system due to the social, economic, and cultural fabric that was destroyed during the years of conflict. As a diplomatic agent in the service of Chile, he was obligated to respond to the central foundations set by the President of the Republic, Gabriel González Videla (1946-1952). In this regard, it was essential to him that his country participated in an organization such as the United Nations, which took its first steps during the forties. He was aware that the international community should not only consider the consequences that the two world wars had for Europe, but also for Latin America, a region that urgently needed international help after WWII. The war had a marked effect on its overall economy: 65 percent of the population survived mainly from agricultural activities, the industrial sector was suffering, two thirds of the population was malnourished, and nearly 30 percent did not have ac- cess to primary education. Therefore, his central objective was to establish a separate organization that turned its efforts toward improving conditions in the Latin American region and the Caribbean, which finally materialized 964 HUMAN RIGHTS QUARTERLY Vol. 41 into the creation of the Economic Commission for Latin America and the Caribbean (ECLAC).1 Our study addresses the perspective of the Chilean diplomat regarding three central axes: first, his intellectual biography marked by familial influence and his stay in Brazil, which brought him closer to his socio-cultural side; second, his role as the Chilean ambassador to the United Nations and his participation in the team led by Eleanor Roosevelt that drafted the Universal Declaration of Human Rights.2 And third, a reflection on the importance and transcendence of his ideas for initiating a regeneration of the international community based on cooperation and integration. Our literature review includes primary sources, marked by a qualitative analysis of speeches, letters, press releases, and books. This literature was retrieved from the Historical General Archive of the Ministry of Foreign Af- fairs in Chile, specifically the Hernán Santa Cruz Collection, belonging to the Donations Fund, which was donated by the ambassador’s own family to the Chilean State archive.

II. HERNÁN SANTA CRUZ: IDENTITY OF A HUMANITARIAN AND POLITICIAN

If there was one fact that embodied the path of Ambassador Hernán Santa Cruz, it was that he went from being a perfect stranger in the UN corridors, to a man who was highly valued for his ideas and projections. Raúl Prebisch, a renowned Argentine economist and politician who, among his many acheivements, was one of the most accomplished Executive Secretaries of ECLAC (1950-1963) and Secretary General of the United Nations Confer- ence on Trade and Development (UNCTAD), had a particular idea of him: “the experience gathered by Hernán . . . will be a valuable antecedent in understanding what is happening globally and the enormous potential of the United Nations.”3 Undoubtedly, Santa Cruz became an active member in the international community as a humanist imbued with the nineteenth- century’s pursuit of being with an interest in social, economic, and cultural development. In 1986, he was distinguished as a member by the Chilean Academy of Social Sciences, Politics and Morals, and occupied chair No. 55. By then, Santa Cruz was a highly recognized diplomat with a vast international

1. Cristián Garay & Ángel Soto, Gabriel González Videla: “No a los Totalitarismos, ya Sean Rojos, Pardos o Amarillos…” 100-12 (2013). 2. Roland Burke, Emotional Diplomacy and Human Rights at the United Nations, 39 Hum. Rts. Q. 273 (2017). 3. Hernán Santa Cruz, Cooperar o Perecer: El Dilema de la Comunidad Mundial 16 (1984). This quote has been translated by the authors, and the same applies to all other quotes in the manuscript unless indicated otherwise. 2019 Hernán Santa Cruz Leader in the International Community 965 career. His internal recognition by Chile represented certain particularities, given the historic turmoil through which his country was living under the regime of General .4 It was also during those years that Chile received an international condemnation for permanent violations of human rights.5 His incorporation into the Academy was seen as an assess- ment of one of the dimensions of his work that focused on the cultivation and development of man, rather than just a tribute to his solid career in the field of diplomacy and international agencies. This distinction must have contained a special tinge for him, since in the post-World War II and Cold War world, which was dominated by natural, physical, and chemical sciences, it was unusual to highlight someone who cultivated the social sciences. He likely noted a contradiction between the common interest at the time, which was science and technology-based social development, and what he believed to be essential, which was humanist- based social development. During his welcome speech to the Chilean Academy of Social, Political and Moral Sciences on 7 October 1986, Carlos Martínez Sotomayor, also a former Ambassador of Chile to the United Na- tions, described Santa Cruz as having: [A] practical and logical spirit with strong reasoning, endowed with a healthy curiosity and capacity for analysis, agile and systematic; a conciliatory spirit that leads to quick and positive solutions to problems. He caresses a realistic sense of appreciation of human beings and situations, and an ideal for constant intellectual improvement; possessor of an unshakable faith in justice, human dignity and freedom.6 These characteristics were undeniably molded and influenced by his childhood and family. In his private library, books on worldwide and Chil- ean history “were very well represented in number and quality.”7 Classic authors of the Chilean historiography, such as Gonzalo Bulnes, Diego Barros Arana, Gregorio Amunátegui and Benjamín Vicuña Mackenna, discussed pro PanAmericanist ideas, which made an impression on a young Hernán Santa Cruz. This allows insight into the vision he had not only for America as a whole, but specifically for the United States of America, despite dis- agreements during the creation of ECLAC. This marked the initial source of

4. There is a large amount of literature on this subject. See, among others, Richard B. Lillich & Frank C. Newman, Problem V: How Does the UN Investigate Violations of Human Rights Law?, in International Human Rights: Problems of Law and Policy 262-315 (Richard B. Lillich & Frank C. Newman eds., 1979); Carlos Hunneus, El Régimen de Pinochet (2000); Tomás Moulian, Chile Actual: Anatomía de un Mito (1997); Edgardo Boeninger, Democracia en Chile. Elecciones Para la Gobernabilidad (1997). 5. Estoy de Acuerdo con Todos los que Están en Contra del Artículo Octavo, 10 La Época (21 Jan. 1989) (on file with author);M ark Ensalaco, Chile Under Pinochet: Recovering the Truth (2000). 6. Carlos Martínez-Sotomayor, Hernán Santa Cruz Barceló: un Homenaje en la CEPAL 16 (2000). 7. Santa Cruz, supra note 4, at 38. 966 HUMAN RIGHTS QUARTERLY Vol. 41 his differences with the United States, as he was disposed toward promot- ing Pan-Americanism, noting that Latin America needed to have its own development strategies without the constant presence of the United States. Santa Cruz made important advances, but argued that these advances were strictly political and neglected the economic field, which was of crucial importance to the region, since they were facing difficult economic realities as described above that could be addressed in other organizations, such as the UN Economic Commission for Europe (UNECE). However, through conversations with Willard Thorp, advisor to numerous US Presidents, sup- port was finally offered.8 Santa Cruz’s international vision was influenced by readings on the French Revolution and Napoleon Bonaparte. He affirmed this when he said: “I was fascinated by the Quatre Vingt Treize of Victor Hugo, the epic giant of The Legend of the Centuries, as well as almost all of Dumas during a long typhoid that almost sent me to the next world when I was 19 years old. I read with delight the two thousand pages of The History of the Girondins by Lamartine.”9 He entered the to study law, although as he pointed out, after a short time he felt little stimulus in his studies, with the exception of a handful of courses. We must bear in mind that these were the first few years of the postwar period where movements were forged to lash Europe to its foundations, a time in which illusions and uncertainties of peace permeated between the whispers of cannons and negotiating tables.10 The lack of motivation in university studies added another element—that those who acted as teachers were not pedagogues, but were prominent professionals or illustrious lawyers who had dominion over the content, but did not know how to teach it, directly affecting motivation and, in his case, passion for studies. He collected and transmitted this experience throughout his career since, in his interpretation, education was an essential right of every human being. Furthermore, he became a Member of the UN Subcommission for the Prevention of Discrimination and Protection of Minorities in the seven- ties, believing that access to education was an effective method for fighting racial discrimination.11 Santa Cruz’s intellectual concerns were closely linked to his standing in the Chilean bourgeoisie. As César Ross pointed out, “he lived a privileged

8. Felipe Pizarro, Hernán Santa Cruz Barceló y la CEPAL: Un Diplomático Hacia la Inte- gración y el Desarrollo de Latinoamérica (1947-1952), 85-87 (2014) (seminar to apply for the academic degree of Bachelor of History and Geography, Universidad Católica de la Santísima Concepción). 9. Santa Cruz, supra note 4, at 39. 10. José Luis Neila, La Articulación del Sistema Internacional de Versalles: La Sociedad de Naciones 1919-1923 Historia de las Relaciones Internacionales, (2001); Margaret MacMillan, París, 1919: Seis Meses que Cambiaron el Mundo (2011). 11. Hernán Santa Cruz, La Discriminación Racial (1977). 2019 Hernán Santa Cruz Leader in the International Community 967 childhood.”12 He was the son and grandson of outstanding figures in the Chilean political scene; his paternal grandfather, Joaquín Santa Cruz Var- gas, was a Radical Senator, philologist, and founder of the Chilean Journal of History and Geography (Revista Chilena de Historia y Geografía). His father, Joaquín Santa Cruz Ossa, was a lawyer, journalist, and official in the Ministry of Foreign Affairs, as well as the Ministry of Defense in Chile. He was also a General War Auditor and the mayor of the municipality of Ñuñoa in . His mother, Josefina Barceló Lira, was also linked to an area of public service, since she was the daughter of José María Barceló Carvallo, judge and Minister of Justice, President of the Supreme Court and the Liberal Parliamentarian in different periods. The influence of his parents and grandparents in shaping his sense of work and social identity was undeniable. As he said: “I had been raised in a family environment of enlightened bourgeoisie and public servants, very open to the outside world and very aware of what happened in it.”13 His prestigious family atmosphere was stimulating for the young university stu- dent, especially with the added dimension of global turmoil of the Russian Revolution and his knowledge of works by philosophers and politicians who studied and analyzed this movement. By the early 1940s, he came to live closely among a group of young politicians with whom he shared not only conversations, but worldviews as well. These were important years for Chile, as they marked the begin- ning of a new system of government through political alliances, which was the era of the led by the Radical Party, followed by Socialists and Communists that represented the beginning of fourteen years of radical governments (1938-1952) led by , Juan Antonio Ríos, and Gabriel González Videla.14 This youthful closeness implied that Hernán Santa Cruz forged deep friendships with future Presidents of the Republic of Chile, including Gossens (1970-1973) and (1964-1970), with whom he collaborated as ambassador. Santa Cruz also strengthened ties with politicians in the country, such as Oscar Schnake, Armando Mallet, Rolando Merino, and Carlos Briones.15 Additionally, he created a group marked by ample thought and affinity for political and social ideas, which was later

12. César Ross Orellana, Hernán Santa Cruz: Del Pensamiento a la Acción, 2 Horizontes Latinoamericanos, 82 (2014). 13. Santa Cruz, supra note 4, at 38. 14. There is a large amount of literature on this subject. See, among others, Sergio Carrasco, Partido Radical: Historia, Doctrina y Realizaciones (1991); Cristián Gazmuri, El “48” Chileno: Igualitarios, Reformistas Radicales, Masones y Bomberos(1999); Luis Palma, Historia del Partido Radical (1967); Jaime Reyes, Los Presidentes Radicales y su Partido: Chile 1938-1952(1989); Ángel Soto, Alejandro San Francisco & René Millar Carvacho, Camino a La Moneda: Las Elec- ciones Presidenciales en la Historia de Chile 1920-2000 (2005). 15. Hernán Santa Cruz, El Por Qué de mi Incorporación a la Vida Internacional, 78 Diplo- macia, 111, 112-13 (1999). 968 HUMAN RIGHTS QUARTERLY Vol. 41 joined by other political figures and leading internationalists. Rómulo Betan- court, the future President of Venezuela, also moved into the building where Santa Cruz lived, which was the beginning of a great friendship that later expanded, as he said, to: “a select phalanx of political exiles from Venezuela and Peru.”16 The Venezuelan Mercedes Fermín, and the Peruvians Magda Portal, Luis de las Casas, Luis Alberto Sánchez, and Manuel Seoane also became members of the Popular Revolutionary American Alliance. Seoane even came to name one of his sons Hernán in honor of his Chilean friend. His friendship with Salvador Allende spanned more than three decades, which was a constant source of inspiration for Santa Cruz in terms of human quality. They were loving friends despite political differences: My friendship with Salvador Allende was never weakened by any circumstance, not even by divergences in political ideas that sometimes existed in that long period, which is something that I revered of our relationship. He had a human quality above all consideration, a sense of loyalty and friendship without com- parison. He was a true democrat, and above all his sensitivity to the pain and anguish of the poor and needy was so genuine that all demagogical accusations in this regard seemed extremely unfair to those who knew him. He was “a man” in the sense of the great Don Miguel de Unamuno.17 In this sense, the humane character of Allende ran deep in Santa Cruz, which was reflected in their friendship and constant conversations about the situation of World War II and the role of Latin America in this turbulent scenario. Debates were often over what position Chile should hold. President Juan Antonio Ríos was in favor of maintaining neutrality, something that was not exclusive in the Americas since even the United States maintained the same attitude until after the attack on Pearl Harbor. After this event and an intense diplomatic dialogue between Rios’ government and the White House, the Chilean president informed its citizens over the radio that Chile had broken its ties with the axis powers.18 Conversations regarding international events took place in the houses of both Allende and Santa Cruz, as well as in usual meeting centers where political analysis took place. They discussed referendums to possible conse- quences that these events could have for Chile and the region. In some of these meetings, important international representatives participated, such as Nelson Rockefeller, a supporter of Chile breaking ties with the axis powers in support of the allies.19 Allende and Santa Cruz remained close for many years, so much so that when Allende became the President of the Republic, he confirmed his

16. Id. at 113. 17. Santa Cruz, supra note 4, at 40. 18. Raffaele Nocera, Ruptura con el Eje y Alineamiento con Estados Unidos: Chile durante la Segunda Guerra Mundial, 38 Historia, 387 (2005). 19. Santa Cruz, El Por Qué de mi Incorporación a la Vida Internacional (1999), supra note 16, at 113. 2019 Hernán Santa Cruz Leader in the International Community 969 friend Hernán as ambassador in 1970 before the following UN agencies in Geneva: the Economic and Social Council, the Executive Board Members of the United Nations Development Program and the Food and Agriculture Organization Council. This was well-known terrain for Santa Cruz, since in 1967 President Eduardo Frei had called him to join his government, occupy- ing the rank of Ambassador to this Organization in Switzerland.20 Both in his letters and in his articles and speeches, Santa Cruz always had affectionate words for his socialist friend, recognizing his quality as an authentic democrat. Santa Cruz supported the president in diverse efforts from his positions at the UN. Allende requested that he exercise diplomatic functions in Bonn, since Federal Germany did not give approval to the Chil- ean ambassador in that country, which was interpreted as pressure for Chile not to establish diplomatic relations with the German Democratic Republic. Allende, well-informed of this trajectory and the good diplomatic relations maintained internationally by his friend Hernán, indicated the need to meet with Chancellor Willy Brandt: “I told him about the serious problem that the Chilean President had. Naturally, I reminded him of Chile’s great ties with Germany and our repudiation of Nazism.”21 Finally, the German Chancellor agreed to the presence of a Chilean ambassador in his country. The study and analysis of written works by Santa Cruz are scarce; even examining the brief articles regarding his life and career have not allowed us to reliably distinguish his political affinities. We can indicate that he frequented groups linked to the Christian Democratic Party, the Radical Party, and the Socialist Party. In this sense, we can establish that he was a man who felt sympathy for and closeness to the left and center-left parties above all, especially if we consider the humanist perspective that, for Santa Cruz, was crucial in his political thinking, along with what he contributed to the community. In this context, we must highlight an event that marked his life and his diplomatic career, as well as his farewell as a Chilean representative before the UN agencies, to which he would remain linked for virtually the rest of his life, but at this time as a direct civil servant. On 20 August 1973, a few weeks before the coup d’état, Santa Cruz arrived in Chile to coordinate works of the Chilean team at Conference IV of the Non-Aligned Countries in Algeria (September 1973), a meeting that convened political figures such as Josip Broz Tito and Fidel Castro. He also helped in the coordination of Salvador Allende’s trip to Tanzania. By then, the internal situation of Chile had become increasingly complex, even more

20. Since 1959, Santa Cruz had served as Deputy Director General and Regional Repre- sentative of FAO for Latin America. Then, in 1967, President Frei Montalva would call him to join his government as Ambassador, thus leaving his functions as a UN member. 21. Hernán Santa Cruz, Cooperar o Perecer: El Dilema de la Comunidad Internacional 234 Santiago, Tomo III, CEPAL (1993). 970 HUMAN RIGHTS QUARTERLY Vol. 41 so with the result of parliamentary elections in March of that same year that worsened the coalition scenario of left parties, or the so-called Popular Unity.22 Under this scenario it became impossible for Allende to leave the country; he therefore entrusted his Foreign Minister, Clodomiro Almeyda, to preside over the Chilean delegation attending the meeting. That being said, the president could not travel, although he wanted to attend. In this sense, the words that Allende used to address Santa Cruz on 29 August are revealing: “Hernán, I wish I could go to Algiers!”23 It was the last conversation they held in person, although they had one more by telephone. The Fourth Conference of Non-Aligned Countries held a very special tenor for this diplomat, marked not only by uncertainty caused by the internal situation in Chile after the coup d’état, but also by the anguish of learning abroad about the death of the President and his close friend, Salvador Al- lende.This would be the last management action and intervention by Santa Cruz as a Chilean representative before the dependent agencies of the United Nations, thus closing his work as a public official in Chile, a career that had begun as a young lawyer in 1923. To understand his role as a diplomat and as a man worthy of the trust of several presidents of the republic with whom he collaborated, it is necessary to consider the actors who influenced his character. We have already referred to his relationship with Salvador Allende, with whom he lived during stage of his maturity regarding international work. However, it is undoubtedly due to his contact with Gabriel González Videla, the first ambassador and later President of the Republic, which imbued him with a social sense that he later projected in his international work at the United Nations. It was in the forties when Santa Cruz noticed that his professional life was beginning to take an uncharted direction. His first encounter with in- ternational affairs was in 1944 as Secretary of the Chilean-Brazilian Institute (in Santiago). Later, in 1946, he became its president. As a lawyer, Santa Cruz initially specialized in criminal, procedural, and military law, with a focus on social security, allowing him to broaden his range of social relations. Thus, at the beginning of 1944, he was able to participate in a series of meetings in Brazil where he met Gabriel González Videla, who was at that time the Chilean ambassador to Sao Paulo, appointed by President Juan Antonio Ríos.24 Gonzalez Videla did not stay in Brazil for a long period of time; in 1944 he submitted his resignation to return to Chile to start a career as a Senator and then as President of the Republic in 1946.

22. There is a large amount of literature on this subject. See among others, Joaquín Ferman- dois, Chile y el Mundo: 1970-1973 (1985); Alan Angell, Chile de Alessandri a Pinochet: En Busca de la Utopía (1993); Tomás Moulian et al., Cuando Hicimos Historia: La Experiencia de la Unidad Popular (2005). 23. Memorias de Hermán Santa Cruz: Revela Confidencias Hechas en Agosto del ´73 por su Gran Amigo Salvador Allede, LA SEGUNDA (2 July1993), at 26. On file with author. 24. Garay & Soto, supra note 2, at 19. 2019 Hernán Santa Cruz Leader in the International Community 971

As Secretary of the Chilean-Brazilian Institute, Santa Cruz strengthened ties with Ambassador González Videla. In 1944 he became his guest along with his wife Adriana García de la Huerta. During that period, the friendship between the two strengthened considerably, and they even worked together on various topics: Certainly I was joined by the President (González Videla), a close friend. In 1944, in Rio de Janeiro, where he performed with great brilliance the position of Ambassador, I had been his guest for four months and collaborated with him in various international activities. Months later, during the electoral campaign which brought him to power, I participated actively in elaborating his Govern- ment Program, especially in international aspects which interested him greatly.25 It is necessary to remember that at that time, war conflicts added promptly to the case of Brazil, and provoked a diplomacy of development, which, as Ross states “permeated all the activities of the country, impelling improve- ment of agreements for connectivity among the countries.”26 Although González Videla criticized the Government of Getulio Vargas, he was certain that Brazil was destined to play a preponderant role not only at the regional level, but also at a global level, so it was necessary to take care of relations between both countries and, above all, to follow the industrialization example that had driven this one. This explains not only the good diplomatic relations that González Videla established in his capacity as ambassador, but also those carried out by Santa Cruz himself, especially when he became the president of the Chilean-Brazilian Institute. Being president allowed him to establish active collaboration between Chile and Brazil, which earned him an Order of Cruzeiro do Sul as a Grand Of- ficer, a distinction awarded by the President of Brazil to foreigners who stand out for having strengthened the bond between Brazil and their own country. Furthermore, he collaborated with Brazilian media and wrote the Intellectual Link between Brazil and Chile in 1945, demonstrating not only his sympathy, but also his recognition of his neighboring country. His closeness to Brazil not only allowed Hernán Santa Cruz to strengthen ties with different government representatives, but also gave him the oppor- tunity to share with the poet and Nobel Prize winner for Literature, Lucila Godoy Alcayaga, universally known as Gabriela Mistral. Both shared political sympathies and respected the guidelines for radicalism during his years in power. In fact, Mistral had officiated as Ambassador during the government of the radical Pedro Aguirre Cerda, while Santa Cruz collaborated with González Videla. Although it has not been possible to establish if there was a close friend- ship between Santa Cruz and Mistral, it is clear that Santa Cruz was not

25. Santa Cruz, Cooperar o Perecer (1984), supra note 4, at 36. 26. Ross Orellana, supra note 12, at 91. 972 HUMAN RIGHTS QUARTERLY Vol. 41 only a lover of letters and tango, but also an observer of other cultures and poetry. Santa Cruz gravitated toward Mistral due to this, as her humanist leanings appealed to him. One of the few articles that we found regarding this Chilean diplomat is a text he wrote, published in the Chilean Zig-Zag magazine at the end of 1945.27 We can appreciate the admiration that he professed toward the poet in this work, as well as the delicate hand with which he wrote in consideration of the pain flooding her life two years prior due to the death of Juan Manuel, better known as Yin Yin,28 who was speculated to have kinship and a strong bond with the poet: We find Gabriela with her health a little broken. Her strong and firm features- which seem to be carved in stone-denote something of a consequential fatigue due to sleepless nights; her movements and gestures yearn for more rest than usual. Sitting in a comfortable chair, with a shawl on her legs and a large cup of tea with milk in her hands (like those of our mothers’ time), she begins to speak with her slow and expressive voice that complements her diction and verb so well. I confess it constitutes a true celebration of the spirit to listen to Gabriela, her powerful intellect, enlightened by a great kindness and a superior culture- acquired in books and also in her relentless travels around the world, with her eyes wide open- radiating strength, moral superiority, thinking and energy.29 Santa Cruz’s visit to Gabriela Mistral’s house in Leblón, Rio de Janeiro was in response to a favor from a journalist to act as a liason for an inter- view, since she was not taking interviews at that time. During this venture, we believe that he never imagined that he would live an experience that would transcend that which is purely artistic. The poet was a woman who not only immersed herself in cultural experiences, but was a survivor of pain and strife as well, who possessed a sense of simplicity and attention to small details that accentuated her as a unique and special person. His astonishment toward Mistral did not stop there. Gabriela shared stories of when she had been criticized and accused of denigrating Chile, because on more than one occasion she had highlighted national defects and vices.

27. This magazine is considered the first publication of a miscellaneous character in Chile, born in 1905 and published until 1964. For more information, please see: Ricardo Donoso, La Sátira Política en Chile (1950); Marina Alvarado, Zigzag y la Irrupción Editorial: La Ciudad Letrada Zigzagueante, 23 Literatura y Lingüística, 81 (2011); Carlos Ossandon, Eduardo Santa Cruz, El Estadillo de las Formas. Chile en los Albores de la “Cultura de Masas” (2005). 28. The kinship between Gabriela Mistral and Yin Yin has been a source of speculation. It has been said that he was not her nephew, but her half brother or even her son, the product of a fleeting relationship with an Italian man. The concrete and important fact is that she had a deep bond with him. See: http://www.memoriachilena.gob.cl/602/ w3-article-94083.html. 29. Gabriela Mistral, El Brasil y el Espíritu de Chilenidad, ZIGZAG, (6 Dec.1945), at 41. On file with author. 2019 Hernán Santa Cruz Leader in the International Community 973

However, that is how she understood active patriotism and, as she put it, refused to “burn incense on the altars of our local vanity.”30 Although the text written by Santa Cruz focuses mainly on the Chilean Nobel Prize winner, it is interesting to note the recognition he also gives to Palma Guillén for supporting Mistral in the difficult days he was living after the death of Juan Manuel. Santa Cruz recognizes Guillén not only as a val- ued intellectual from Mexico, but also for her outstanding diplomatic work, seeing in her the humanistic values of someone who was an important part of the poet’s life: “Many probably don’t even know who this extraordinary woman was, a person to whom we Chileans owe a great debt of gratitude for the selfless way she has cared for and accompanied our compatriot. (. . .) has been linked to Gabriela for years by a very solid friendship, based on a great community of sentiments and no less than a great spiritual affinity.”31 These words of Santa Cruz dedicated to Palma Guillén not only reveal the respect, value, and recognition he had towards her, but they also show evidence of a man who did more than simply conform to the protocol of his office.

III. A DIPLOMAT WHO MADE HIS WAY INTO THE ECOSOC

One of the first things that President of the Republic, Gabriel González Videla, accomplished when he came to power was appointing his friend Santa Cruz as the Permanent Chilean Delegate to the UN in 1946, thus making him the first Ambassador to fulfill his duties before this new international organiza- tion. The appointment surprised him because although he had gathered some international experience already in Brazil, it was much different to become part of a major postwar global forum in which great hopes were deposited: “I expressed to the President—with great honesty—that, in my opinion, I did not have the background, nor the technical or diplomatic capacity necessary to successfully carry out a task that I considered to be of great importance, which is what the new global organization, which humanity had been long waiting for, meant to me at that time.”32 Santa Cruz’s fears were quite understandable; not only did he lack ex- perience in the international arena, but he also faced a world undergoing physical and emotional reconstruction after World War II. In addition, as he first stepped foot in New York at the beginning of 1946, he was practically at the gates of the Fourth Period of ECOSOC, which at that time was the highest institution responsible for leading international cooperation in solv- ing greater peace problems and creating conditions for it to last: “the days

30. Id. 31. Id. 32. Santa Cruz, Cooperar o Perecer (1984), supra note 4, at 37. 974 HUMAN RIGHTS QUARTERLY Vol. 41 that preceded the opening of the sessions were, for me, full of anguish and anxiety. It was evident that I should participate in such important meetings as an orphan to all advice. During that week I immersed myself in docu- mentation, reviewing reports, minutes and resolution projects, reading all the blue papers, without order or discrimination, and with little benefit.”33 Under this scenario, the diplomat had to quickly assume various issues on his table, especially dealing with damage caused by the war and working on the definition of human rights: “I began a period of real astonishment. I could not convince myself that I was acting on an equal footing—legally, at least—with 17 high-ranking intellectuals with outstanding performance in the diplomatic, political and economic field.”34 The ability of Santa Cruz to respond to this challenge and the opportunity to alternate with different delegations allowed him to deploy convocational and oratory power in front of outstanding diplomatic figures, which led to him being appointed shortly afterwards to the presidency of ECOSOC. This allowed the Council to orientate toward a policy of international cooperation for the benefit of developing countries, opening the debate around covering more than just the reconstruction of Europe. To carry out this work, a temporary subcommittee dedicated to the Eco- nomic Reconstruction of Devastated Areas was created, aimed at investigat- ing the nature and improvement of these areas, which led to the creation of economic and regional commissions for Europe, Asia, and the Far East. Santa Cruz himself acknowledged that his first job at the ECOSOC was mainly to listen, observe, and understand the thematic needs of various delegations which were part of this organization. He also sought to promote the idea of incorporating Latin America into the discussion. Santa Cruz realized that the great powers were more interested in rebuilding the areas directly devastated by the war rather than dealing with issues of a rather universal order, which were obviously of interest to all delegations present at the United Nations. At the time, Latin America was seen as a fortunate region that had not suffered the horrors of bombings and mass murders, or the anguish and humiliation of foreign occupation, so the region did not garner particular attention in the immediate discussions.35 However, Santa Cruz knew that there were millions of people in Latin America who lived in a situation of comparable need to that of the sectors most affected by the war; therefore, it seemed unjust that the region should receive no attention. It was clear to

33. Id. at 89. 34. Guillermo Leighton, Hernán Santa Cruz Barceló, jurista y diplomático del siglo XX, Memoria de Licencido en Ciencias Jurídicas y Sociales, Universidad Central de Chile, Santiago 26 (2001). On file with author. 35. Background to the creation of ECLAC, Donation Fund, Hernán Santa Cruz Collection 4-5, 13, (1948-1995). Ministerio de Relaciones Exteriores de Chile, MINREL, Fondo Hernán Santa Cruz, Volume 13, Documentos y Antecedentes sobre La Comisión Económica para América Latina (CEPAL). On file with author. 2019 Hernán Santa Cruz Leader in the International Community 975

Santa Cruz that in order to rehabilitate these areas, the European economy would be useful in increasing the consumption capacity of Latin American countries—a task in which one had to be patient: “I did not present any concrete proposal, because I understood that it was unfortunate to do so at a time when attention was focused on mitigating the terrible consequences of war.”36 However, this did not mean that he abandoned ideas supported by the government of González Videla. When he saw an opportunity, he created a special commission for Latin America, which acted in accordance with the UN Charter that decided that issues of economic development in regions with weak and “backwards” economies should be addressed: “Latin America has the right to demand that the organization created in San Francisco provide assistance in the difficult task of raising the standard of living of its inhabitants.”37 This becomes even more evident if one considers that the region had entered into a serious crisis, originating in the economic effort to defend the principles of the UN after the war. It was therefore necessary to support the development of industry throughout Latin America and to promote its natural resources, thus improving the quality of life of the population. Finally, and in the face of initial opposition from approximately eight countries found in the Economic and Social Council, including the United States, France, Great Britain, and the Soviet Union, the Economic Commis- sion for Latin America and the Caribbean (ECLAC) was born in June 1948. It quickly dispelled fears that the creation of a regional organization would act to the detriment of global needs and issues. Ambassador Santa Cruz’s role in this organization was decisive, as stated by Raul Prebisch, promoter and secretary general of this organization: “Contrary to popular belief, I did not intervene in the creation of the ECLAC. I was still a university professor in Buenos Aires and I was unaware that Hernán Santa Cruz existed. ECLAC was his exclusive work and that of his collaborators, and after its creation I became familiar with Hernán and began to admire him. I soon thereafter established a solid and persistent friendship with him.”38Prebisch’s words demonstrate the consideration and respect he had for the work that Santa Cruz was doing as a promoter and founding leader of this new organiza- tion that sought to improve conditions in Latin America and the Caribbean.

36. Raúl Bernal-Meza, América Latina en el Mundo: El pensamiento Latinoamericano y la Teoría de las Relaciones Internacionales, 70 (2005). 37. Santa Cruz, Cooperar o Perecer (1984), supra note 4, at 128. 38. Id. at 15. 976 HUMAN RIGHTS QUARTERLY Vol. 41

IV. AN UNKNOWN BUT FRUITFUL PARTICIPATION: THE UNIVERSAL DECLARATION OF HUMAN RIGHTS39

The active diplomatic work of Santa Cruz within the Economic and Social Council was among his greatest achievements, not only for himself as a man linked to the humanities, but also for the international community, since he made crucial advances for The Universal Declaration of Human Rights.40 His great promoter Eleanor Roosevelt presided over the Commission, and she was honored by a standing ovation by the full UN General Assembly when this Declaration was adopted in 1948.41 The task would not have been possible without the essential contributions of a number of prominent men and women, including Charles Malik, P.C. Chang, René Cassin, Hansa Mehta, Carlos Rómulo, and John Humphrey. Together with these leading global figures, Hernán Santa Cruz became one of the eight members of the committee to draft the Universal Declaration of Human Rights, which was finally presented to the General Assembly in December 1948. On the day of the occasion, Santa Cruz affirmed: “Just as the declaration of 1789 was born from the hope of freedom, the current declaration gives a precise form to that hope, specifying rights which no one can violate without becoming a pariah to the international community.”42 These first years within the United Nations for Santa Cruz were pivotal not only for his own diplomatic career, but also for the development of guidelines established by President Gabriel González Videla in relation to the new international order that he presented before this global body. It was undoubtedly crucial to achieve long-awaited multilateral cooperation without putting aside the idea of strengthening the Latin American bloc, which was in line with the Chapultepec Conference, held in Mexico in 1945 by American countries regarding war and peace, and the signing of the Inter-American Treaty of Reciprocal Assistance, signed in 1947 as an mutual inter-American defense pact. Both instances were important displays of regional cooperation. Therefore, the UN represented an ideal scenario in strengthening the region and an instance for uniting the great powers.43 Santa Cruz recognized the vote of confidence that had been placed in him, which clearly allowed him to develop his international work with a degree of autonomy and security. In 1982, during an exhibition at the Research Development Corporation, he said:

39. Johannes Morsink, The Universal Declaration of Human Rights: Origins, Drafting, and Intent (1999). 40. Stephen R. Porter, Benevolent Empire: U.S. Power, Humanitarianism, and the World’s Dispos- sessed (2016). 41. Mary Ann Glendon, Un Mundo Nuevo: Eleanor Roosevelt y la Declaración Universal de Derechos Humanos (2011); Daniel J. Whelan, Indivisible Human Rights: A History (2010). 42. José Antonio Ocampo, Hernán Santa Cruz Barceló: Un Homenaje en la CEPAL 9 (2000). 43. Garay & Soto, supra note 2. 2019 Hernán Santa Cruz Leader in the International Community 977

I hold an indelible gratitude for President González Videla. To him I owe my international career which has allowed me to fully realize myself. Without his spontaneous decision, which I resisted for not feeling competent, I would not have gotten to know the world as I now know it, nor people from other lati- tudes that I have loved, nor served my country and my ideals as I believe I have done; nor could I have contributed to the decisions which have influenced the solidarity of man, improving the quality of their lives, in a framework of peace and friendship among them.44 The experience obtained by Santa Cruz during the government of González Videla granted him an important perception of foreign policy, reflected in Chile’s position within the United Nations. There was an un- derstanding of an international environment marked by the actions of the five permanent UN Members in addition to the constant problems in the foreign policy of the Union of Soviet Socialist Republics. As expected, this produced an almost natural inclination towards the United States, without leaving aside a position favoring Latin American development. As we have indicated, one of the most outstanding achievements of Santa Cruz was his participation in the drafting process of the Human Rights Charter. Upon his arrival at the UN, the Commission on Human Rights decided to set up a Drafting Committee composed of eight countries: the five permanent members of the Security Council, plus the participation of Australia, Chile and Lebanon, which quickly involved Santa Cruz in the process. Once the declaration was ready, it was discussed in approximately ninety meetings involving the Social and Humanitarian Commission of the Assembly held in Paris, and was then approved during the Plenary Session. Santa Cruz held an active part of this long process and valued the ex- perience as one of the most remarkable in his career; he always stressed the importance of the Universal Declaration of Human Rights, arguing based on this position in various debates: I had the privilege to participate in all stages of this long and meticulous process and to speak in the Plenary on behalf of Chile in the aforementioned session. Of all my international activities, participation in the process of preparing this instrument which DEFINED fundamental rights, which the Charter ordered to comply with, disseminate and protect, nationally and internationally, is the one I value most. It constituted a wonderful experience, especially considering that it occurred only three years after the war; that the memory of Auschwitz and Buchenwald and other horrors was still alive and avoiding its repetition was an inapplicable imperative. The Universal Declaration of Human Rights is one of the most important, if not the most important, achievements of the

44. Hernán Santa Cruz, Discurso sobre la Evolución de la Política Exterior de Chile en las Naciones Unidas (1945–1970), in Ciclo Elementos para la Interpretación de la Historia Reciente de Chile 1920–1970, Seminar on Foreign Policy of Chile 1920–1970, at 14. CINDE (1992). Ministerio de Relaciones Exteriores de Chile, MINREL, Fondo Hernán Santa Cruz, Volume 10, Discursos y Conferencias Internacionales. On file with author. 978 HUMAN RIGHTS QUARTERLY Vol. 41

World Organization. It has been, is and will be a sign of struggle and support of individual rights for those who, everywhere, suffer abuses to their dignity as human beings. It incorporates, with initiatives by Chile and other developing countries, economic, social and cultural rights, recognizing that without this charter, political rights were weak.45 The importance that Santa Cruz granted to human rights and their defense was understood as a contradiction for those who decided to challenge him as representative of Chile before the Gabriel González Videla governance. In 1948, the Chilean president promulgated a law called the Permanent Defense of Democracy, which outlawed political activity of the Chilean Communist Party, erasing from the electoral registry its militants and even disabling electoral posts occupied by communists. Faced with criticisms regarding the Law of Permanent Defense of De- mocracy that some raised in the United Nations, Santa Cruz argued that its existence was justified according to world events, and, above all, that it was a law formulated under the margins of the Political Constitution of Chile. As he pointed out: It must be remembered that in Chile there is a republican, democratic and representative government regime, an executive power, a legislative power and a judicial power, independent of each other and zealous guardians of their independence. Laws are dictated by Parliament, which is freely and demo- cratically elected. Thus, Law No. 8987, entitled “Law of Permanent Defense of Democracy,” was approved by an immense majority. The world’s reality and supreme national interest demanded the enactment of a law to defend democracy. It was necessary to have provisions that promptly and effectively provided defense for the institutional regime and the national economy, endangered by a conspiracy inspired by ideological, political and economic interests of a foreign power. [. . .] I do not think it necessary to insist on the aspects of this Law, whose real provisions are a categorical denial to the assertion that its provisions constitute a violation of fundamental trade union rights and the right of association guaranteed in the Declaration of Human Rights. I remind the Council that the Declaration of Human Rights states: “everyone has the right to form trade unions and to organize for the defense of their interests.” It is understood, of course, that this refers to their own trade union interests, not to the interests of a particular political party or a foreign power. [. . .] The only thing that the Law for the Defense of Democracy does is set limitations, and all that the Chilean Government and Parliament have done is safeguard freedom, democracy and the Chilean economy. It not only falls completely within the provisions of the Declaration of Human Rights, but constitutes the strongest demonstration of will to protect rights enshrined in the Declaration.46

45. Id. at 25–27. 46. Speech in response to accusations by the World Trade Union Federation, Fund speeches, conferences and interventions in international organizations, Vol.05: 13-17. Ministerio de Relaciones Exteriores de Chile, MINREL, Fondo Hernán Santa Cruz, Vol. 5, Conferencias e Intervenciones en Organismos Internacionales. On file with author. 2019 Hernán Santa Cruz Leader in the International Community 979

Santa Cruz’s position should come as no surprise; although it is true that he was not a member of the Radical Party, he did obey a government coalition. Therefore, he did nothing more than circumscribe guidelines established by President González Videla. Incidentally, this included ac- cusations of treason which the Communist Party itself raised against certain government representatives. One of the members of the Communist Party was the outstanding poet and Senator of the Republic, Pablo Neruda, who saw that this law was a true consequence of imperialism. In this sense, Joaquín Fermandois, a renowned Chilean historian and expert in the history of Chile’s international relations, stated that the communist faction’s withdrawal from the presidential cabi- net was accepted by González Videla, and that the primary cause of this confrontation could not have been American pressure, because since the thirties, it was keenly observed at a global level that a party which sought to destroy democracy was allowed to participate in it; therefore, the Chil- ean Right never liked the idea of inserting communists into the democratic system in Chile.47 Given this scenario, and after being a declared member of the Com- munist Party became illegal, the exile of Pablo Neruda began first in Chile in 1949, then in different countries, which caused him to continue to travel around Europe. It was in this period where his literary inspiration led him to write one of his most praised works: Canto General, which in Mexico alone sold 250,000 copies.48Cristián Garay and Ángel Soto used an interest- ing denomination to point out what Neruda would become in relation to what was happening with his party in Chile: a true “poetic accuser.” Neruda not only dedicated harsh words to the President of the Republic, but also, through his pen, expressed his opinion regarding collaborators of González Videla, including Santa Cruz, for whom he dedicated a line in Canto No. XIII: Today they are called Gajardo, Manuel Trucco Hernán Santa Cruz, Enrique Berstein, Germán Vergara, those who previously paid- They say to speak, Oh country, in your sacred Name and claim to defend you sinking Your inheritance of the lion in the garbage. Ebanos kneaded like pills In the traitor’s apothecary, mice From the budget, minimum Liars, stingy Of our strength, poor Mercenaries with outstretched hands And tongues of slanderous rabbits.

47. Joaquín Fermandois, Mundo y Fin de Mundo: Chile en la Política Mundial 1900–2004 (2005). 48. Garay & Soto, supra note 2. 980 HUMAN RIGHTS QUARTERLY Vol. 41

They are not of the homeland, I declare it Who I want to hear in these lands They are not the big men of saltpeter, They are not the transparent village They are not the slow hands that build The monument of agriculture, They are not, they do not exist, they lie and they reason To continue, without existing, charging49 We have not found any records of interviews, statements, speeches, etc., that confirm whether Santa Cruz had made any type of public comment regarding Neruda accusing him of being a liar, along with the rest of the radical González Videla collaborators. Although Hernán Santa Cruz loved literature and the arts, we imagine he did not appreciate this specific work by the poet. Regardless, in his mind he was focused on something greater, loyalty towards his president and the guidelines which governed his admin- istration, both in the fields of internal politics and international relations.

V. CONCLUSIONS

Hernán Santa Cruz is of those architects and operators of international diplomacy who is not very well known and scarcely studied despite the major global impact of his work. He was a humanist, a man from a small country far from the great centers of world powers, who projected himself into an international scenario in the phase of reconstruction, marked by new global problems. He visualized a world in which the transmission of scientific and technological knowledge would not be just a private sector activity, but would also be part of the official channels which governed the international community. He was a dynamic and proactive character who, in different periods and stages of the UN, aimed to increase not only the international prestige of his own country, but also that of the entire Latin American region. His humanistic vision was a pillar that marked his work as ambassador to the United Nations, and later as a diplomatic representative of this body in various meetings and forums. In addition to this pillar, he established three central axes that allowed a transversal articulation in his work within the UN. First, an idea of co- operation and integration of underdeveloped countries as a key element in advancing toward permanent peace; second, to ensure that global security was safeguarded; and third, to develop social aspects within the new world order that emerged from the ashes of World War II.

49. Pablo Neruda, Canto General 396 (1976). 2019 Hernán Santa Cruz Leader in the International Community 981

Destiny allowed Hernán Santa Cruz to approach figures that influenced not only his manner of work, but also allowed him to develop true hu- man networks and personal ties throughout his career, which nourished his personality and intellect for a long time. Many of these figures played a fundamental role in international diplomacy and foreign policy, such as the Nobel Peace Prize winner (1968), the French René Cassin, and Eleanor Roosevelt herself, who played a crucial role in the Universal Declaration of Human Rights—a document that meant, among other things for Santa Cruz, leaving an inheritance for new generations. The real dimension of being part of the team that worked on the Dec- laration of Human Rights was illustrated with a phrase by HH Pope John Paul II during the Annual Meeting of the UN General Assembly in 1979. On that occasion, the Supreme Pontiff not only analyzed this Declaration from the viewpoint of the church doctrine, but also referred to historical and political connotations, qualifying it as “a milestone placed on the long and difficult path of the human race,”50 one that was clearly born of experience and sorrows of the world community. Hernán Santa Cruz was a man belonging to the enlightened bourgeoi- sie. He visited many different countries spanning five continents, not as a tourist but as an internationalist, which put him in touch with what Goethe described as the only really interesting thing in this world: the human being. Publicizing some of his thoughts and the development of his massively impactful diplomatic work on the formation of the contemporary world is the best way to honor the often anonymous but valuable work done by this administrator of modern diplomacy. It also provides the possibility of fixing the researcher’s gaze not only on official state documentation, but also on how state agents operate within international systems and organizations.

50. Juan Pablo II, Discurso del Santo Padre Juan Pablo II a la XXXIV Asamblea General de las Naciones Unidas (2 Oct. 1979), http://w2.vatican.va/content/john-paul-ii/es/ speeches/1979/october/documents/hf_jp-ii_spe_19791002_general-assembly-onu.html.