RESTORATIVE JUSTICE THROUGH UNIVERSITEIT ACKNOWLEDGEMENT: A CASE STUDY OF VAN ENDERED AND EXUAL VIOLENCE DURING AMSTERDAM G S THE DIRTY WAR IN ARGENTINA Master Thesis Political Science: International Relations | Nandi V. de Haas Master Thesis: “Restorative Justice through Acknowledgement: A Case Study of Gendered and Sexual Violence during the Dirty War in Argentina” Political Science: International Relations University of Amsterdam 1 Photo Credit: Panam Post Nandi V. de Haas 10896554 [email protected] Human Rights and Transitional Justice in Latin America Supervisor: Eva van Roekel MSc Second Reader: Dr. Robert Jan van der Veen Word count: 21.876 June 2015 1 Dubove, Adam. 2015. “Feminicidios: el feminismo consolida su agenda en Argentina”. June 5. Available at: http://es.panampost.com/adam-dubove/2015/06/05/femicidios-el-feminismo-consolidasuagenda-en- argentina/ (June 24, 2015) 1 Table of Contents Chapter 1: Introduction ........................................................................................................................... 3 Chapter 2: Theoretical Framework ......................................................................................................... 6 2.1 Transitional Justice ........................................................................................................................ 6 2.2 Gendered Violence ........................................................................................................................ 9 2.3 Sexual Violence ............................................................................................................................ 11 2.4 Acknowledgement ....................................................................................................................... 14 Chapter 3: A Background on The Argentinian Dirty War ...................................................................... 17 Chapter 4: Methodology ....................................................................................................................... 18 Chapter 5: Personal acknowledgements in testimonies: the Nunca Más Report, fictional-, and non- fictional literature .................................................................................................................................. 20 5.1 The ‘Nunca Más Report’ by CONADEP ........................................................................................ 20 5.2 Personal Testimonies of Victims and Survivors ........................................................................... 25 5.2.1 Non Fictional Personal Testimonies ..................................................................................... 25 5.2.2 Fictional Personal Testimonies ............................................................................................. 27 5.3 Discussion .................................................................................................................................... 31 Chapter 6: Acknowledgement by officials: presidential statements and the written media ............... 33 6.1 1983-1989: Raúl Ricardo Alfonsín ............................................................................................... 33 6.2 1989-1999: Carlos Saul Menem .................................................................................................. 36 6.3 2003-2007: Nestor Kirchner ........................................................................................................ 39 6.4 2007-2015: Cristina Fernandez de Kirchner ................................................................................ 43 6.5 Discussion .................................................................................................................................... 47 Conclusion ............................................................................................................................................. 50 Bibliography:.......................................................................................................................................... 52 2 Chapter 1: Introduction In this thesis the importance of gender, gendered violence and sexual violence against women in relation to transitional justice, specifically acknowledgement, will be discussed. These types of violence can be seen as a reinforcement of existing gender roles, especially in a patriarchic society such as Argentina (Sideris 2001, 143 ; Colombini 2001, 71, 169). The specific case that will be used is the aftermath of the ‘Dirty War’ in Argentina (1974-1983). During the Dirty War in Argentina, the military junta waged a war against ‘subversion’ in which between 8.000 and 30.000 people disappeared. Women have played an essential role during this time through women’s organizations, but also through guerilla movements. Additionally, about 30% of the people who were disappeared and held in detention centers by the government were female (CONADEP 1986, 285). Stories about women being kidnapped while pregnant or women who got pregnant during their time in detention centers and were forced to give up their children are well-known, as well as the overall assumption that sexual violence has been present in these cases of disappearances (Sideris 2001, 147). In other words, women were also specifically targeted during the Dirty War and should therefore also be acknowledged in transitional justice mechanisms. However, transitional justice mechanism has traditionally been male-dominated in its mechanisms and often certain crimes against women are only investigated or prosecuted when they also happened to men (Bastick et al. 2001, 14 ; Zavala Guillén 2013, 52). Traditionally, within transitional justice and other reconciliation efforts, no specific focus has been put on gender issues both during the conflict as in its aftermath, as well as more peaceful periods after. Especially sexual and gendered violence during wartime has often been overlooked in these mechanisms. However, gender issues have become increasingly more prominent in the debates about transitional justice, reconciliation and healing (McKay 2000, 561). As a result of this increasing knowledge about the importance of incorporating gender justice, focus on gendered and sexual issues has increased. In addition, it is argued that acknowledgement of wrongdoing can aid in reconciliation and healing (Clark 2009, 246 ; Govier 2000, 5). Therefore, the focus of this thesis will be on the incorporation of gendered and sexual violence in acknowledgement of wrongdoing. As will be explained further in the theoretical framework, acknowledgement of a fact, event or experience can be beneficial for healing or reconciliation (Govier 2000, 5). Therefore, it is important to acknowledge the systematic occurrence of gendered and sexual violence against women, as it is widely known that this was a systematic manifestation during the War. Argentina, and the Dirty War, are specifically chosen as a case study to research the acknowledgement of sexual and gendered violence after the war is because Argentina functions as a unique case (Bryman 2012, 70) in the 3 transitional justice debate and Latin America. This is because “Argentina is the only Latin American case in which the military leadership has publicly recognized the illegitimate character of repression and systematic human rights violation it carried out during the military dictatorship” (Acuña in Elster 2006, 207). As this paper will show, the presidents after the war have acknowledged the Dirty War and disappearances elaborately. This official recognition is unique in the region and it is therefore this thesis will focus on Argentina. In order to research the acknowledgement of a specific systematic mechanism in a war, such as gendered and sexual violence in this instance, a general acknowledgement of wrongdoing or a war is necessary. Even though this research will focus on the acknowledgement of sexual and gendered violence against women at that time, in no way does this suggest that sexual and gendered violence against men did not happen. At times, it has been reported even that men were in fact raped, especially with an electric prod that will be much mentioned further in this thesis. Also, this kind of rape has been suggested to be do feminize the men by taking away their dignity and treat them as women, which also shows the existing power relations between men and women in this patriarchic society where women were, and perhaps still are, seen as the lesser sex. Sexual violence was systematically used against both sexes to undermine their position and to try and break them into giving information. At times however, it was an individual deciding to take advantage of the situation to use this violence to excess for his own purposes, as will be discussed in the results section. But, as women have been specifically targeted because of their gender, they constituted about 30% of the disappeared and the position of women in transitional justice has been systematically overlooked; the focus in this thesis will be on women’s experiences and the acknowledgement thereof. So, this thesis will look at in what women have been targeted during the Dirty War based on their gender, so gendered and sexual violence, and in what way this has been acknowledged. The focus will be on government statements by looking at how presidents after the Dirty War have acknowledged gendered and sexual violence. Also, transitional justice will be analyzed through a study of academic literature as well as the ‘Nunca Más’ report