AMERICA

The Americas remained an extraordinarily diverse region, encompassing some of the world's most economically advantaged populations in North America as well as some of the world's poorest countries in the Caribbean and Latin America. Common to the whole region, however, were a range of complex and pressing political, social and economic challenges that impinge on the fulfilment of fundamental human rights.

The USA, unrivalled in military and economic terms in the region and the world, continued to maintain a dual discourse on human rights as it pursued its "war on terror". It claimed to be the leading force for the promotion of human rights and the rule of law, while simultaneously pursuing policies and practices that flouted some of the most basic principles of international law. In so doing, it undermined not only long-term security of which the rule of law is a central pillar, but also its own credibility on the international stage.

Nowhere was the erosion of US credibility and influence more marked than in Latin America. Growing numbers of South American countries in particular have sought to dissociate themselves from political, economic and security policies promoted by the USA, and relations between the US and several Latin American governments have become increasingly fractious. Political tensions and mutual criticisms were sharpest between the USA and Venezuela.

A key feature of 2006 was the continuing strengthening of democratic processes and the consolidation of democratic institutions. Eleven countries held presidential elections, some combined with legislative and state elections. The transition of power was peaceful, despite legal challenges by some losing candidates, such as in Mexico. In general, the elections were judged by observers to have been fair.

Cuba, the only one-party state in the region, also underwent a transfer of power as Fidel Castro's brother Raśl was temporarily appointed President.

The peaceful transfer of government power in so many countries was a significant achievement in a region that has been plagued by political instability and violent electoral campaigns. Many of the new governments were elected on anti-poverty agendas imposed by electorates increasingly frustrated by the failure of prevailing economic policies to reduce poverty. The consolidation of democratic processes provided an unprecedented opportunity for the region's governments to tackle persistent human rights violations and pervasive poverty.

Indeed, after decades of neglect of deep-rooted social and economic problems, there were encouraging signs that some governments in Latin America in particular were moving beyond a rhetorical commitment to human rights towards the adoption and implementation of social and economic policies that could begin to address the region's long-standing inequities.

Among the promises made by some new governments were reforms to address structural flaws, such as inequitable land tenure, entrenched discrimination in the justice system and lack of access to basic services, which underpin violations of human rights.

However, progress was slow and Latin America remained one of the most economically inequitable parts of the world. Poverty remained endemic and access to basic services such as health and education continued to be denied or limited for most people. The poor rural populations in particular were denied access to justice and basic services - vast rural areas were neglected by the state leaving large numbers of people isolated and insecure.

High expectations risk being dashed as democracy and good governance were threatened by chronically weak institutions and undermined by lack of independence of the judiciary, impunity and endemic corruption.

Civil society in the Americas continued to play an increasingly prominent role in challenging governments' lack of accountability and the lack of access to public services and to the justice system for the region's poor. Human rights defenders were key in the struggle for political, economic and social rights. Their work contributed to highlighting the social and economic inequalities in the region and they played a crucial role in legitimizing the struggle of the most vulnerable sectors of society, including Indigenous peoples, women, and lesbian, gay, bisexual and transgender (LGBT) people.

Public opposition to governments frequently led to massive and protracted social protests, which often met a repressive response from security forces. For example, the political crisis in Oaxaca, Mexico, sparked by a mass strike by teachers, resulted in huge protests against the state governor over many months. Despite the fact that only some protesters were violent, the state authorities and their sympathizers reportedly responded by targeting all individuals and organizations perceived as sympathetic to the opposition movement.

Insecurity and conflict

High levels of violent crime and lack of public security continued to be major public concerns. Poverty, violence and the proliferation of small arms - daily realities for millions of people in the Americas - created and sustained environments where human rights abuses flourished.

Governments have traditionally resorted to repressive law enforcement strategies to deal with the consequences of state neglect, discrimination and social exclusion. Such policies have resulted in poor communities sinking deeper into violence and insecurity, particularly in urban centres. In cities in Brazil, El Salvador, Guatemala, Haiti, Honduras and Jamaica, youth and armed criminal gangs posed a serious threat. Several states increasingly resorted to military "containment" of neighbourhoods, leaving many inhabitants exposed to the violence of both the gangs that dominate the communities and repressive state forces.

One of the more visible consequences of states' repressive security measures was rampant violence in the region's overcrowded and out-of-control prisons. The phenomenon of prisons as "no go" areas to the security forces spread in Central and South America. In Brazil, for example, a criminal gang in São Paulo's prison system orchestrated simultaneous riots in around 70 prisons in the state. At the same time, the gangs' leaders from within the detention system ordered criminal attacks across the state, which resulted in the killing of over 40 law enforcement officers and widespread damage. Police killed over 100 suspects during the confrontation, and many others died in suspected "death-squad"-style retaliations.

In Colombia, which has endured one of the world's most intractable conflicts, the humanitarian crisis continued. The security forces, army-backed paramilitaries and guerrilla groups were responsible for many human rights abuses, including war crimes and crimes against humanity. Human rights defenders, trades unionists, and indigenous and community leaders were particularly vulnerable.

In addition, the Colombia conflict continued to affect the rights of people living near the borders in neighbouring countries. In Ecuador, Panama and Venezuela, rural populations were particularly exposed to threats from armed forces, both state and non-state, and the risk of forced recruitment into armed groups.

'War on terror'

Further evidence emerged of a systematic pattern of abuse by the USA and its allies in the context of the "war on terror", including secret detention, enforced disappearance, prolonged incommunicado and arbitrary detention, and torture or other cruel, inhuman or degrading treatment. At the end of 2006, thousands of detainees continued to be held in US custody without charge or trial in Iraq, Afghanistan and Guantánamo Bay, Cuba.

Despite several adverse judicial rulings, the US administration persisted in pursuing policies and practices inconsistent with human rights standards. The US Congress, despite some positive initiatives, gave its stamp of approval to human rights violations committed by the USA in the "war on terror" and turned bad executive policy into bad domestic law.

In sharp contrast to positive developments in Latin America, there was a continued failure to hold senior US government officials accountable for torture and ill-treatment of "war on terror" detainees, despite evidence that abuses had been systematic.

A shift in the balance of power in the US Congress as a result of the November mid-term elections raised the possibility of greater congressional oversight and investigation of executive actions, and of improved legislation.

Discrimination: steps forward, steps back

Violence against women continued to be widespread throughout the Americas. Governments failed to uphold laws that criminalize violence against women in the home and the community, nor did they provide support and protection for victims of violence. Lack of judges and prosecutors specialized in gender-based violence as well as a lack of gender-sensitive police units and adequate and sufficient shelters demonstrated a fundamental lack of political will to end the endemic violence against women.

Despite national and international indignation, the pattern of killings of women continued in Colombia, El Salvador, Guatemala, Honduras and Mexico, among other countries.

However, women's rights, including their sexual and reproductive rights, were high on the agendas of political and civil society. In Chile, for example, the authorities successfully petitioned in the courts to allow the distribution without parental consent of the "morning-after pill" to girls over the age of 14. In Peru, the Constitutional Tribunal ruled that the "morning-after pill" should be available to every woman. In Colombia, abortion was decriminalized in cases of rape in certain situations.

In contrast, the Constitutional Court in Ecuador ruled that emergency contraception should not be available, and the authorities in Nicaragua repealed the law that had allowed abortion in certain cases of rape.

Violations of the rights of Indigenous peoples, including violence against women and girls, were reported throughout the region. Indigenous peoples continued to face entrenched racism and discriminatory treatment. Denied adequate protection of their right to live on and use the lands and territories vital to their cultural identity and their daily survival, Indigenous communities were often driven into extreme poverty and ill-health.

During 2006 the trend of reassertion of Indigenous identity continued to grow. In the Andean countries in particular, this trend was reflected in the emergence of Indigenous peoples as a political force at the national level, as in Bolivia, and at a local level. Parallel to this, growing ethnic divisions became apparent in Andean countries with the largest proportion of Indigenous people. In Bolivia, ethnic divisions were aggravated by demands for greater regional autonomy by the mainly non-Indigenous departments of Santa Cruz, Tarija, Beni and Pando.

The LGBT community continued to suffer stigma, discrimination and abuse in many countries in the Americas, although they also gained visibility and some acceptability, particularly in major cities.

In Nicaragua, lesbian and gay relationships remained criminalized and in Caribbean countries a number of "sodomy laws" were still in force. However, there were positive moves in some countries to ensure equality before the law. Mexico City passed a landmark ruling recognizing same-sex unions. The Congress in Colombia discussed a bill that if approved would give same-sex couples the same social security rights as those enjoyed by couples of the opposite sex.

Impunity rolled back

Several countries in Latin America faced the painful legacy of past human rights violations. The issues of truth, justice and reparation were high on the agenda of civil society, the judiciary and some governments, and action was taken against several former senior officials.
In Argentina, Miguel Etchecolatz, former Director of Investigations of the Buenos Aires Province Police, was convicted of murder, torture and kidnappings during the period of the military government (1976-1983) and sentenced to life imprisonment in September. The three judges in the case ruled that he was responsible for crimes against humanity.

Former Peruvian President Alberto Fujimori was granted bail in May in Chile pending a decision by the Chilean Supreme Court of Justice on whether to extradite him to Peru to face charges of corruption and human rights violations. The Supreme Court established that Alberto Fujimori was not allowed to leave the country until a decision was reached.

The prosecution in Mexico of former senior officials accused of crimes against humanity committed in the 1960s, 1970s and 1980s continued to collapse. However, in November a federal court ordered the rearrest of former President Luis Echeverría to stand trial on the charge of genocide in connection with the murder of students in Tlatelolco Square in 1968.

In November, a Uruguayan judge ordered the detention and trial of former President Juan María Bordaberry (1971-1976) and former Minister of Foreign Affairs Juan Carlos Blanco. They were charged in connection with the killings of legislators Zelmar Michelini and Héctor Gutiérrez Ruiz, as well as Rosario Barredo and William Whitelaw, members of the Tupamaro guerrilla group Movement of National Liberation, in Argentina in 1976. The judicial decision was appealed.

The need for speedier justice was thrown into stark relief by the death on 10 December of former Chilean ruler Augusto Pinochet before he had faced trial for atrocities during his 17-year rule. Just weeks before his death he faced new charges in connection with 35 kidnappings, one homicide and 24 cases of torture. Former Paraguayan President Alfredo Stroessner died in exile in Brazil without ever having been brought to trial for the widespread human rights violations committed during his rule between 1954 and 1989.

Universal jurisdiction continued to play a key role in tackling the legacy of past human rights violations in Latin America. A judge in Spain issued arrest warrants for Guatemala's former President General Efraín Ríos Montt and several former senior army officials, who faced charges of genocide, torture, terrorism and illegal detention. However, former General Efraín Ríos Montt remained free after the Guatemalan authorities considered only part of the case presented by the Spanish National Court. Two other former officials were in custody and a third was a fugitive from justice.

Regional developments

The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, the human rights mechanisms of the Organization of American States (OAS), issued a number of significant decisions. If implemented by states parties, these should not only address particular cases of denials or violations of human rights of individuals but also set important precedents for systematic change across the region.

No progress was made on negotiations for a free trade agreement for the Americas; such an agreement was viewed in many countries with scepticism or rejection. However, progress was made on strengthening trading partnerships within Latin America.