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Published online by Cambridge University Press: 03 June 2009
Until recently it was rare to bring South Africa and Latin America into a shared focus for any purpose at all. Both regions habitually looked towards the United States of America and Western Europe and showed no interest in each other. With a few exceptions there was scant intellectual concern aroused by their common southern location. In the last few years, however, a number of academics have begun to show interest in comparisons and contrasts derivable from South Africa and Latin America. Our intention is to join this promising trend by examining the vexing question of human rights in South Africa and Argentina since the Soweto massacre and Peronist collapse in 1976. In that historic year of burgeoning abuse, Richard Claude complained that “comparative human rights research has not been systematic.” Concentration on definite themes in two appallingly delinquent countries may contribute to the general improvement he urged.
1 Moneta, Carlos J., ed., Geopollticay politico del poder en el Atlántico Sur (Buenos Aires: Editorial Pleamar, 1983);Google ScholarGeldenhuys, D., “South Africa's International Isolation,” International Affairs Bulletin (South African Institute of International Affairs), 11:1 (1987), 29–37Google Scholar; Max, A., ¿Sudáfrica: Problema racial o estratégico? (Montevideo: Edicion Ecler, 1986)Google Scholar; Fig, D., “South African Interests in Latin America,” South African Review, 2 (1984), 239–55Google Scholar; Idem., “Lessons from Latin America,” Sash, 31:4 (1989), 30–33Google Scholar; Idem., “South Africa's Expansion of Relations with Latin America, 1966–1977,” Collected Papers of the Centre for Southern African Studies (University of York), 4 (1979), 21–38Google Scholar; Page, P., “Sudáfrica: el síndrome argentino,” Cuadernos del tercer mundo. 85 (1985), 50–53.Google Scholar
2 Important sources for details of the human rights situation in South Africa include: Survey of Race Relations, Weekly Mail, New Nation, the Human Rights Index of the South African Journal on Human Rights; reports of the Detainees' Parents Support Committee (Johannesburg), Durban Detainees' Support Committee, Pietermaritzburg Detainees' Aid Committee, and, since late 1987, the Human Rights Commission (Johannesburg); the quarterly, Human Rights Update of the Centre for Applied Legal Studies at the University of the Witwatersrand, and the annual review published by the same body, with the Human Rights Commission.
3 Claude, R.P., Comparative Human Rights (Baltimore: Johns Hopkins University Press, 1976), i.Google Scholar
4 For an historical survey, see: Dugard, J., Human Rights and the South African Legal Order (Princeton: Princeton University Press, 1978), 205–75.Google Scholar
5 One detainee was refused treatment for a bullet wound until he had satisfied security police with information.
6 Riekert, J., “The Silent Scream: Detention without Trial, Solitary Confinement and Evidence in South Africa's 'Security Law' Trials,” South African Journal on Human Rights, 1:3 (1985), 245–50.CrossRefGoogle Scholar
7 The Survey of Race Relations (Johannesburg: SAIRR, 1978), 98,Google Scholar reports the views of John Jackson, an exiled lawyer, who gave evidence to the United Nations Ad Hoc Working Committee on Human Rights. For a general view of the courts in the Eastern Cape in the 1970s, see Jackson, J.D., Justice in South Africa (Harmondsworth: Penguin, 1980).Google Scholar
8 There were 588 pages of evidence in the case of the 1985–86 Pietermaritzburg Treason Trial involving UDF and South African Allied Workers Union (SAAWU) leaders. In the Delmas Treason Trial there were 22 accused, 911 individual and 50 corporate coconspirators, 27,194 pages of evidence, and 152 state witnesses. The judgment ran to 1,521 pages.
9 “HRC Update, October, 1988 to March 1989,” SA Barometer, 3:11 (1989), 173. For more recent figures, see Guthrie, M., “Political Trials Still Continue,” Sechaba, 27:1 (01 1990), 18–9.Google Scholar
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11 Released in April 1989 on the understanding that she would renounce violence, she reversed this undertaking upon her arrival in Brussels.
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15 Hodges, D.C., Argentina, 1943–1987: The National Revolution and Resistance, 2d ed. (Albuquerque: University of New Mexico Press, 1988), 193–4.Google Scholar Of course, the “sixty-two organizations” of Peronist unions were dissolved, and their leader, Lorenzo Miguel, was detained. Puiggrós, R., Historia critica de los partidos politicos argentinos, 3 vols. (Buenos Aires: Hyspamerica, 1986Google Scholar) forms the republic's magnum opus on political parties.
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17 Dworkin, R., “Report from Hell,” New York Review of Books, 17 07 1986, 11–14Google Scholar;Idem., Law's Empire (Harvard: Harvard University Press, 1986Google Scholar) is an extended elaboration of Professor Dworkin's view that law is defined, in the last instance, by attitude. Dunn, J., “Interpreting the Interpreters,” Times Literary Supplement, 22 (08 1986), 905, is a helpful discussion of this approach to law. At a conference in Buenos Aires, Roger Gravil asked one of Dworkin's pupils what happens if a régime takes the attitude that it is above the law? The response was that ideas do not go away: This seems true to the extent that Professor Dworkin was invited to Buenos Aires to advise President Alfonsín on human rights policy. He attended the first day of the trials that began on 27 April 1985. They seem to have cleared a confusing point: Argentina now has no death penalty. Newspaper coverage said that the military rulers could not be sentenced to death (see Newsweek, 23 September 1985, 32). Professor Dworkin explained that they could have been, but the prosecutor's highest recommendation was life imprisonment for five junta members. On 24 and 25 June 1989 he arranged a conference on “The Concept of Law in South Africa” at Oxford University attended by about forty experts (Sunday Tribune [Durban], 25 June 1989).Google Scholar
18 Nunca más: A Report by Argentina's National Commission on Disappeared People (London: Faber and Faber, 1986), 403–4Google Scholar; L. Schoultz, Human Rights and United States Policy towards Latin America, 348–9; Osiel, M., “The Making of Human Rights Policy in Argentina: The Impact of Ideas and Interests on a Legal Conflict,” Journal of Latin American Studies, 18 (1986), 135–80CrossRefGoogle Scholar; for a rejection of the complacent attitude that Britain does not need a human rights policy, see Campbell, T., et al. , eds., Human Rights from Rhetoric to Reality (Oxford: Blackwell, 1986)Google Scholar.
19 Independent trade unions like the South African Allied Workers Union (SAAWU) developed a role for themselves in the community and the workplace.
20 Sarakinsky, I., “The State of the State and the State of Resistance,” Work in progress, no. 52 (1988), 50.Google Scholar
21 They may be grouped into a number of categories: youth (5); political (5); community (5); education (11); human rights (6); and trade union (1).
22 There have been allegations that these were produced by Joint Management Centres (JMCs) of the National Security Management System (NSMS), which formed a shadowy, but as yet underanalysed, effective government behind the parliamentary facade.
23 Kruss, G., “The 1986 State of Emergency in the Western Cape,” South African Review, 4 (1988), 173–86.Google Scholar
24 For background to this incident, see Thornton, R.J., The Shooting at Uitenhage, 1985: The Context and Interpretation of Violence (Cape Town: Centre for African Studies, University of Cape Town, 1988Google Scholar). At least twenty people (including nine under 16) were killed, fifteen shot in the back.
25 A typical incident took place at Kwaggafontein, KwaNdebele on 4 June 1986, when a vigil for an unrest victim was raided four times by police using teargas, rubber bullets, and, finally, live ammunition. Several people died. See McCaul, C., Satellite in Revolt: KwaNdebele, an Economic and Political Profile (Johannesburg: South African Institute of Race Relations, 1987), 88.Google Scholar
26 Athletic endeavour has again been a target. On 16 July 1988 five freedom runners were arrested at Kenilworth in Cape Town en route from Tokai to Guguletu (see Human Rights Update, 1:4 [1988], 17).Google Scholar
27 For example, prosecutions for an innocuous activity like walking in a park in another magistracy.
28 Hassan Howa, former president of the South African Council on Sport (SACOS), had been refused a passport nine times by 1984.
29 Human Rights and Repression in South Africa: The Apartheid Machine Grinds On (Johannesburg: Human Rights Commission, South African Council of Churches and the Southern African Catholic Bishops' Conference, 1989), 75–81.Google Scholar
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31 Quoted in Simpson, J., and Bennett, J., The Disappeared: Voices from a Secret War (London: Robson, 1985), 81Google Scholar; See also Anzorena, O.R., Tiempo de violencia y utopia, 1966–1976 (Buenos Aires: Editorial Contrapunto, 1988)Google Scholar; Possi, P.A., “Argentina, 1976–1982: Labour Leadership and Military Government,” Journal of Latin American Studies, 20 (1988), 111–38.Google Scholar
32 Munck, R., Falcon, R., and Galitelli, B., Argentina from Anarchism to Peronism: Workers, Unions and Politics, 1855–1985 (London: Zed, 1987)Google Scholar is a first-rate labour history. Also excellent is James, D., Resistance and Integration: Peronism and the Argentine Working Class, 1946–1976 (Cambridge: Cambridge University Press, 1988)Google Scholar; del Barco, R., El régimen peronista, 1946–1955 (Buenos Aires: Editorial Belgrano, 1983)Google Scholar; Bordon, J.O., La racionalidad de peronismo (Buenos Aires: El Cid Editor, 1986)Google Scholar.
33 Hodges, D.C., Argentina, 1943–1987: The National Revolution and Resistance, 195; R. Green and C. Laurent, El poder de Bunge y Born (Buenos Aires: Editorial Legasa, 1988)Google Scholar is a sub fascinating account of the company's experiences. See also Graham-Yooll, A., A State of Fear: Memories of Argentina's Nightmare (London: Eland, 1986)Google Scholar; Crawley, E., “Targets of Terror,” Times Literary Supplement, 15 08 1986, 883.Google Scholar
34 Munck, R., Falcon, R., and Galitelli, B., Argentina from Anarchism to Peronism, 210; J. E. Miguens, Los neo-fascismos en la Argentina (Buenos Aires: Editorial Belgrano, 1983Google Scholar) gives more general coverage of the repression; J. F. Petras, et al., “Terror and the Hydra: The Resurgence of the Argentine Working Class,” in Petras, J.F., et al. , Class, State and Power in the Third World with Case Studies on Class Conflict in Latin America (London: Zed, 1981), 255–64.Google Scholar
35 This section relies on J. Simpson, and J. Bennett, The Disappeared: Voices from a Secret War, 212–5, and on many conversations with Argentine colleagues.
36 Mathews, A.S., Freedom, State Security and the Rule of Law: Dilemmas of the Apartheid Society (Cape Town: Juta, 1986), 62–100.Google Scholar
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38 For example, it has been estimated that 8 percent of the population of Alexandria in the Eastern Cape was held in detention from 1986 to 1988, see “Detentions in and around Grahamstown” (unpublished paper presented at the Black Sash [a women's human rights organization] conference, Johannesburg, March 1988), 2. Almost everyone involved in a street committee in the Eastern Cape townships was detained, with 256 in Duncan Village in June 1986 alone (see Webster, D., “Repression and the State of Emergency,” South African Review, 4 (1988), 154)Google Scholar.
39 Survey of Race Relations (1985), p. 463, quoting Sir Sridath Ramphal. Secretary General of the Commonwealth.
40 So many were detained that jail cells filled up, and a six-month remission on 31 May 1986 (Republic Day) was held for common criminals to make room for political detainees. Subsequently on 15 June 1986 an entire congregation at an Anglican Church in Elsies River was detained.
41 Detention as a way of life for political activists is illustrated by Port Elizabeth Youth Congress president Mkhuseli Jack, detained eleven times in twelve years, for a total of nearly four years by June 1988.
42 Webster, D., and Friedman, H., Suppressing Apartheid's Opponents: Repression and the State of Emergency, June 1987 to March 1989 (Johannesburg: Southern African Research Service and Ravan, 1989), 5.Google Scholar
43 Solitary confinement, a gazetted punishment, was abused in this way.
44 The Minister of Justice has admitted to nine instances from 10 Feb 1987 to 31 Jan 1988 (see Human Rights Commission, “Detention,” Work in progress, nos. 56–57 [1988], 34)Google Scholar.
45 Father Smangaliso Mkhatshwa, then Secretary General of the Southern African Catholic Bishops' Conference, was physically abused at a place he was subsequently unable to locate and later sued the authorities (see also Sparks, A., “The Torture of Dean Farisani,” Reality, 14:6, [1982], 15–16)Google Scholar.
46 “Detention,” Agenda, no. 4 (1989), 23–29; Human Rights Update, 1:4 (1988), 79–80.
47 Webster, D., “Repression and the State of Emergency,” South African Review, 4(1988), 147.Google Scholar
48 The father of eight detained children from Alexandria committed suicide in September 1986 (see “Human Rights Index,” South African Journal on Human Rights, 2:3 (1986), 395)Google Scholar.
49 Five died in Emergency detention from 12 June 1986 until 31 December 1989, including the first woman.
50 Survey of Race Relations (1978), 116.Google Scholar
51 Rayner, M., “Turning a Blind Eye?: Medical Accountability and the Prevention of Torture in South Africa” (Washington, D.C.: Committee on Scientific Freedom and Responsibility, American Association for the Advancement of Science, 1987), 75Google Scholar; McQuoid-Mason, D., “Detainees and the Duties of District Surgeons,” South African Journal on Human Rights, 2:1 (1986), 49–59.CrossRefGoogle Scholar
52 Amnesty International, Report (1988), 73.
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54 Bindman, G., ed., South Africa and the Rule of Law (London: Pinter, 1988), 104Google Scholar. A National Medical and Dental Association (NAMDA) survey of July 1985 showed that 83 percent of 600 ex-detainees had medical symptoms of abuse.
55 Nunca más, 404. R. Steyn insightfully deals with the activities of the prisoners' mothers after his visit to a press forum there (“The Black Sash of Argentina,” Natal Witness, 27 05 1989, 10)Google Scholar.
56 Suney of Race Relations (Johannesburg: SAIRR, 1984), 894.Google Scholar
57 Uys, S., “A Silenced Voice,” Index on Censorship, 14:4 (1985), 7–8CrossRefGoogle Scholar; Mervis, J., The Fourth Estate (Johannesburg: Ball, 1989)Google Scholar.
58 These suspended titles included New Nation, South, Weekly Mail, Grassroots, and New Era.
59 For further information on Sisulu, see Zwelakhe Sisulu: Released but not Free, new ed. (London: Article 19, 1989Google Scholar). His father, Walter, was a convicted political prisoner, sentenced to life in the mid-1960s, and released only in late 1989.
60 Foster, D.W., “Argentine Sociopolitical Commentary, the Malvinas Conflict and Beyond: Rhetoricizing a National Experience,” Latin American Research Review, 22:1 (1987), 7–34Google Scholar. Full Spanish details of Aguinis', Duhalde's, and Garbetta's books are cited there. See also Sosnowski, S., ed., Represión y reconstrucción de una cultura: El caso argentino (Buenos Aires: EUDEBA, 1988)Google Scholar.
61 Graham-Yooll, A., Portrait of an Exile (London: Junction, 1982), 45–55Google Scholar; Corradi, J.E., “The Culture of Fear in Civil Society,” in From Military Rule to Liberal Democracy in Argentina, Peralta-Ramos, M., and Waisman, C.H., eds. (Boulder: Westview, 1987), 113–29Google Scholar; Graham-Yooll, A., The Press in Argentina, 1973–1978 (London: Writers and Scholars, 1979)Google Scholar; Corradi, J.E., The Fitful Republic: Economy, Society and Politics in Argentina (Boulder: Westview, 1985), 115–34Google Scholar; Crawley, E., “Targets of Terror,” Times Literary Supplement, 19 08 1986Google Scholar.
62 L. Schoultz, Human Rights and United States Policy towards Latin America, 50–52. See Ibid, 72, for the compliments of Esteban A. Ferrer of the Council of the Americas. President Videla was in the United States to sign the Panama Canal treaties.
63 Budlender, G., “Law and Lawlessness,” South African Journal on Human Rights, 4:2 (1988), 144Google Scholar.
64 Police Conduct during Township Protests, August to November 1984 (Pretoria: Southern African Catholic Bishops Conference, 1985)Google Scholar.
65 Amnesty International, Report (1982), 89.
66 Weekly Mail, 9 May 1986; Duflou, J., “A Study of 93 Deaths from Gunshot Injuries during Security Force Action in the Greater Cape Town Area, 1985,” South African Medical Journal, 70 (19 07 1986), 89.Google ScholarPubMed
67 Subsequently he was an Independent Member of Parliament, in the House of Assembly, who joined the Democratic Party in May 1989.
68 Democratic Movement under Attack: A Report on the State of Emergency, South Africa, July-Sept. 1985 (Bramley: DPSC/Descom), 21.Google Scholar
69 Translated from the Afrikaans: “Botha het gese ons kan julle doodmaak soos fliee” (Ibid., 23).
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72 At Ekangala, for example, KwaNdebele's Mbokotho instituted a reign of terror against Action Committee supporters who opposed the bantustan system and had led a campaign concerning bus fares. At Leandra, Chief Mayisa of the Action Committee was murdered by Inkatha, a right-wing vigilante group (Inkatha is not to be confused with the Zulu organization of the same name: Such groups in South Africa often borrow names from other organizations). For further information, see Haysom, N., Mabangalala: The Rise of Right-wing Vigilantes in South Africa (Johannesburg: Centre for Applied Legal Studies, University of the Witwatersrand, 1986)Google Scholar.
73 An attack on Mmashadi High School at Siyabuswa, KwaNdebele by Mbokotho on 28 February 1986 was assisted by police in casspirs (armoured personnel carriers). See McCaul, C., Satellite in Revolt: KwaNdebele, 79Google Scholar. The assault, at Siyabuswa in late 1985, of dissident Moutse residents opposed to incorporation into KwaNdebele was personally supervised by the Chief Minister C. M. Skosana and P. M. Ntuli, Minister of the Interior and bantustan strongman.
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83 AD AC News, 9 (July 1984).
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85 The End Conscription Campaign (ECC) and South African Council of Churches (SACC) were recent victims of disinformation and smear campaigns, at least one orchestrated by the South African Defence Force (SADF).
86 The definition of activist is problematic: Many of those murdered in general political unrest have been low-profile community organization members. Yet another prominent person assassinated in recent months was Dr. David Webster, University of the Witwatersrand social anthropologist and human rights activist, shot dead outside his home on the morning of 1 May 1989. Prior to her death in May 1989, Mrs. Ndlovu had briefed the press on the role of the police in the Pietermaritzburg violence.
87 The existence of a renegade ANC hit squad, the Askari Group, came to light in the Yengeni Rainbow) Terrorism Trial in Cape Town, May 1989. “Askari” is a name of Arab derivation used to describe soldiers in East Africa, but the South African connection is not clear.
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89 Three witnesses testified in the Port Elizabeth Supreme Court in August 1988 that they had seen the PEBCO Three at Alexandria Police Station (Weekly Mail, 12 August 1988).
90 C. McCaul, Satellite in Revolt: KwaNdebele,” 90. A recent disappearance involved Stanza Bopape of Community Resources Information Centre. Police claim that Bopape, shackled hand and foot, escaped while in the presence of three policemen who were changing the wheel of a vehicle on 12 June 1988, but confirmed his detention on 14 June. One year later friends and supporters placed advertisements in the antiapartheid press appealing for news of him.
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94 “The Generals' Day in Court,” Newsweek, 23 September 1985. Emilio Massera was sentenced to life imprisonment, yet at the beginning of July 1989 he was recognized walking freely down the street. Pressed by a federal court, Defence Minister Horacio Juanarena stated that Massera was allowed to go for treatment of a liver complaint. However, the ex-Admiral was seen sixty blocks from the hospital and was not in custody (SAPA/AP report in the Natal Witness, 5 July 1989). Many military detainees were set free by the new Peronist President, Carlos Menem, on 12 October 1989 as part of an amnesty on the Day of the Race.
95 Quoted in Hodges, D.C., Argentina, 1943–1987: The National Revolution and Resistance, 201Google Scholar; Marshall, A., “The Fall of Labour's Share in Income and Consumption: A New ‘Growth Model’ for Argentina?” in Lost Promises: Debt, Austerity and Development in Latin America, Canale, W.L., ed. (Boulder: Westview, 1989), 47–65.Google Scholar
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109 E. H. Mignone, et at, “Dictatorship on trial,” 124, n. 21. Human Rights Watch, an American agency monitoring government's attitudes to human rights organizations, in 1987 placed South Africa at the bottom of its league, alongside Chile, the Soviet Union, and Czechoslovakia. A number of activists were assassinated and organizations banned or restricted in the 1980s. In Argentina at the end of the dictatorship there were only eight major national human rights organizations, although their numbers had grown as the regime became weaker, a fraction of the South African number.