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Oxford Studies in Democratization is a series for scholars and students of comparative politics and
related disciplines. Volumes will concentrate on the comparative study of the democratization
processes that accompanied the decline and termination of the cold war. The geographical focus of
the series will primarily be Latin America, the Caribbean, Southern and Eastern Europe, and
relevant experiences in Africa and Asia.
Edited by
SCOTT MAINWARING
and
CHRISTOPHER WELNA
OXTORD
UNIVERSITY PRESS
PART IV
Societal Accountability
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10
Catalina Smulovitz
Enrique Peruzzotti
Introduction
Citizens' actions aimed at overseeing political authorities are be-
coming an established aspect of political life and are rapidly re-
defining traditional links between the represented and their
representatives. The emergence of a politics of rights-oriented dis-
courses, of media scandals exposing governmental wrongdoing and
of social movements organized around the demand of due process
are only a few examples of the ways in which this politics of ac-
countability is taking place.
In spite of the scope of the phenomenon, recent evaluations of
the institutional performance of Latin American democracies have
belittled the significance of these societal mechanisms of account-
ability (Smulovitz and Peruzzotti 2000; Peruzzotti and Smulovitz
2002). Current debates on the nature of these regimes tend to view
the weakness or inadequacy of traditional accountability mechan-
isms as the defining characteristic of these democracies.1 By focus-
ing on the workings of traditional mechanisms of accountability,
such as elections or the division of powers and the existence of an
effective system of checks and balances among them, these diag-
noses tend to ignore the growth of alternative forms of political
control that rely on citizens' actions and organizations.2 By focus-
ing on traditional mechanisms, the literature is overlooking the
fact that societal mechanisms of accountability are not only dis-
1
O'Donnell (1993b, 1994, 1995, 1998); Schedler, Diamond and Plattner (1999);
Shifter (1997); Stokes (1999); Zakaria (1997). For a critical review of some of those
arguments, see Peruzzotti (200 la, 200 Ib).
2
For this distinction see O'Donnell (1998).
310 Catalina Smulovitz et al.
tinctive features of the recent wave of democratization in Latin
America, but also that they are critical for the activation of hori-
zontal mechanisms.
In this chapter we analyze the ways in which these different
mechanisms of accountability interact. We consider some concep-
tual aspects of this relationship and analyse its actual operation
through two specific cases.
4
See McCubbins and Schwartz 1984.
5
If we were to use Keck and Sikkink's terminology this phenomenon implies
'framing' particular events into a wider cognitive frame capable of linking and
organizing specific experiences into a broader interpretative understanding (Keck
and Sikkink 1998: 225).
312 Catalina Smulovitz et al.
Therefore, societal mechanisms also contribute to the exercise of
horizontal ones, insofar as they result in the extension of the scope
of conflicts and issues public officials are obliged to answer and
inform the public about.6 The way in which specific claims
regarding police violence have been transformed into an issue of
citizen insecurity and police abuse illustrates this logic (Smulovitz
forthcoming).
7
As a recently published book shows the use of the public interest law with the
purpose of controlling public policy is not constrained to the Latin American ex-
perience. Similar examples are registered in Africa and Asia (McClymont and
Golub 2000).
Societal and Horizontal Controls 315
see the behaviour of certain public officials in specific policy arenas.
The institutionalization of some of these movements into more per-
manent organizations has resulted, in some cases, in the establish-
ment of a parallel society-based structure of oversight actors (i.e.,
Ouvidorias Policiales in Sao Paulo; Coordinadora contra la Repre-
sion Policial e Institucional and Centre de Estudios Legales y
Sociales in Argentina; Alianza Civica in Mexico; Transparencia in
Peru). Thus, societal mechanisms can influence the performance of
horizontal ones by adding relatively persistent and newly organ-
ized grassroots 'guardians of the guardians'.
In the following section, we will analyse two specific cases that
will allow us to confirm some of the propositions advanced
regarding the working of societal mechanisms of accountability and
to formulate new ones.
15
Angel Luque, one of the key characters of the play, bragged of his close friend-
ship with the president and of how Menem never missed attending his birthday
celebration. See the interview in Revista Noticias, 7 March 1991, reprinted in
'Angel Luque: Voy a Hacer una Fiesta' (Revista Noticias 1996: 39).
Societal and Horizontal Controls 323
Lastly, the case had a direct impact on vertical electoral mech-
anisms: the elections held in October 1991 led, for the first time in
the history of Catamarca, to the electoral defeat of the Saadi
family. Ramon Saadi, son of Vicente, lost to a coalition of radicals,
dissident Peronists and independents. In the following years his
attempts to become National Senator found the resistance of the
other senators that had to approve his credentials. However, in the
1999 elections he was elected as representative of Catamarca (La
Nation, 1 September, 6 December, 1999).
The former reconstruction illustrates that, in this case, societal
mechanisms of accountability were critical, in at least two differ-
ent instances. First, they were necessary to activate the operation
of the horizontal ones. Secondly, once horizontal mechanisms had
been activated, they were decisive in guaranteeing that the oper-
ation of the horizontal mechanisms would follow due process; thus,
they concentrated their efforts on the surveillance of the police
and judicial proceedings. These two instances of control of the soci-
etal mechanisms show the shift that took place in the type of
demands that dominated the public agenda. While in the first
stage, societal mechanisms concentrated on bringing the case to
the court of public opinion in order to generate a response from
the appropriate horizontal agencies, in the second stage, they were
mainly geared toward assuring the transparency of the proced-
ures. It was the reinforcing combination of judicial, mobilizational
and media strategies that effected societal mechanisms.
16
For an interesting and in depth analysis of this case see Gingold (1991, 1997).
In regard to police violence and citizen insecurity see Smulovitz (1998b); Maier,
Abregu and Tiscornia (1996); GELS (1998, 1999).
17
See Centre de Estudios Legales y Sociales (GELS), La Construction Social de
Imdgenes de Guerra (October 1990), quoted in Gingold (1997: 13). For updated
statistics on Police Violence see GELS (1999) and CORREPI, Archivo de Casos
1983-1999.
324 Catalina Smulovitz et al.
the community. As in the Maria Soledad case, the immediate reac-
tions of state agencies were geared toward avoiding accountability
by fabricating an armed confrontation that never existed. As in the
previous case, those 'brown' strategies backfired. As Laura Gingold
argues,
... after witnessing how the police murdered those three youngsters and
then proceeded to reconstruct a false scenario that simulated a shooting
between the victims and their victimizers, the neighbour's indignation
turned into an input for organization. The attempt by the police to cover
up worsened the situation because it moved the witnesses to action (Gin-
gold 1997: 33. Our translation.)
While the first reaction led to a violent confrontation with the
police forces, subsequent actions were geared toward organizing a
social protest to criticize ingrained police practices and to demand
justice in this particular case. The next day, a neighbourhood com-
mission was established ('Comision de Amigos y Vecinos'), com-
posed of 96 members. Family members and friends of the victims,
neighbours, the priest and two nuns from the local parish, and
activists from the 'unidades basicas' that operated in the neigh-
bourhood were among the members of the commission. The first
action of the association was the establishment of guards on the
site of the crime to prevent the police from tampering with the
evidence. It also organized a search for potential witnesses to the
killings. The reaction of the police was swift: witnesses in the trial
and members of the commission were harassed and threatened.18
To protect themselves from police retaliation, the neighbours es-
tablished an informal alarm system (cacerolazos) to prevent police
harassment and an escort service that would accompany the wit-
nesses to the court house.
Social demonstrations and marches to the court of justice, the
Governor's Palace, Mayo Square, and petitions to the public au-
thorities and other forms of collective action were successful at
getting media attention. The denunciations made it into the main
newspapers and television and cable news, giving national visibil-
ity to the movement. Since then, other cases of police violence
started to be framed as part of the wider problem of citizen inse-
curity and police abuse. One indicator of the change in the social
consideration of the problem is the fact that the topic of police
violence (gatillo fdcil) has left the police column of most news-
18
In June, the car of the lawyer that represented the victims was stolen and
burned.
Societal and Horizontal Controls 325
papers to become a topic of the political section. The mobilization
and social reaction generated by the case had an important dem-
onstration effect: although police violence in Ingeniero Budge as in
many other popular neighbourhoods had always been and is still
present, the impact the murders of 'Ingeniero Budge' had on public
opinion have led to the organization of other protest movements to
respond to new cases of police violence (perhaps the most notori-
ous ones being the Schiavini and the Bulacio cases).
Not only did the Ingeniero Budge case inspire other movements
to denounce police violence and demand justice, it also gave rise to
the conformation of national organizations such as the Comision
de Familiares de Victimas Inocentes (COFAVI) and Coordinadora
contra la Violencia Policial e Institucional (CORREPI), as well as
local organizations such as El Agora in Cordoba. These new organ-
izations, together with old ones like GELS, have been playing a
crucial watchdog role over police forces and have engaged in active
campaigns aimed at placing the issue of police reform on the public
and political agenda.
The actions of these movements and associations have been de-
cisive in placing illegal behaviour of police officials in the spotlight,
in denouncing numerous cases of police misbehaviour and vio-
lence, and in demanding justice and institutional reforms. Police
violence and 'gatillo facil' have become an issue that no longer goes
unnoticed and that hence deserves to be criticized and dealt with.
Even though there are still numerous cases of 'gatillo facil' de-
nounced, police misconduct is now being monitored and followed
by an array of organizations that have the capacity to grant public
visibility to their criticisms. It is now common to observe that
many of these cases lead to judicial demands. One of the goals of
CORREPI, for example, is to provide legal assistance and repre-
sentation to the victims and their relatives. The legal actions of
these organizations and movements have had different outcomes.
In some cases, as in the Ingeniero Budge case, a very long judicial
process led to the indictment of the policemen that participated
in the killings.19 In others, like the Bulacio case, the case is still
open. According to a CORREPI document, in 1997 the organiza-
tion intervened in eleven judicial cases (CORREPI, ^Que Hace-
mos... n.d.). Of them, five led to prosecutions, four led to criminal
trials of policemen, in one there was a mistrial and the case has
been appealed, and the remaining case is still in a preliminary
stage. CORREPI has also brought a case to the Inter-American
19
Officer Balmaceda is serving an 11-year sentence.
326 Catalina Smulovitz et al.
Commission of Human Rights. In brief, these social movements
and civic associations play the role of a citizenship-based monitor-
ing mechanism on police forces that has contributed to increasing
the costs of extra-legal police behavior.
Besides being successful at placing the issue of police violence
and corruption on the public agenda, these organizations were
instrumental in forcing horizontal agencies to review both existing
legislation and their position on issues such as the adequacy of the
existing institutional structure of police agencies, or the effective-
ness of existing mechanisms of political control on the institution.
Although it is risky to make predictions on the processes of police
reform under way, in several of them a diverse array of citizen
associations that deal with those issues were invited to participate
in the debates alongside technocrats, public officials and political
representatives.20
Conclusions
What can be learned about the ways in which societal and horizon-
tal mechanisms of accountability interact? The cases analysed
show that the activation of the horizontal mechanisms was pos-
sible due to pressures from below. The actions of individuals, asso-
ciations, and the media were able to transform local and particular
cases into issues on the public agenda. It was their ability to trans-
form particular cases into public and wider issues that forced hori-
zontal agencies to acknowledge and give some kind of answer to
these demands. Their success in 'constructing1 public issues and in
expanding the number of actors involved, blocked attempts to con-
vert their claims into 'non-issues'. In addition, the actions of these
movements and organizations monitored the operation of horizon-
tal agencies, preventing their attempts to sidetrack the consider-
ation of the claims. In the specific cases analysed in this paper, the
constructed public issue became, in turn, a denunciation about the
failure of the horizontal mechanisms of accountability and a
demand for their proper operation. The deficits of horizontal mech-
anisms became, then, not only a topic of the public debates but
also one of the central axis of the political disputes of the period.
20
'Foros Vecinales, Municipales or Departamentales' in the province of Buenos
Aires; 'Juntas Barriales de Seguridad Comunitaria' in Santa Fe; neighbourhood-
based 'Consejos de Prevencion del Delito y la Violencia' in the city of Buenos Aires
provide some examples of attempts at incorporating societal voices.
Societal and Horizontal Controls 327
The establishment of societal watchdogs, with continuous or
sporadic existence, raised the costs of unlawful behaviour both for
public officials and institutions. Increased and credible reputa-
tional costs gave political opponents additional weapons and forced
reluctant public officers to activate horizontal mechanisms. There-
fore, societal mechanisms proved to be not only successful but also
a necessary condition for the activation of horizontal ones. Finally,
the two analysed cases show that citizen initiatives to control
public officials and public policies can also be successful in 'brown'
regions characterized by notorious deficits of horizontal account-
ability.
A final remark on the workings of societal accountability: societal
mechanisms tend to be successful in those cases where an inter-
action between the use of social mobilization, legal actions, and
media exposure and denunciations can be found. That is, the polit-
ics of societal accountability appears to achieve its goals when citi-
zens not only initiate a legal action but when they also support
those actions with some kind of social mobilization and some sort of
media exposure. There does not appear to be a sequential relation-
ship among these three strategies. It is, however, their joined acti-
vation that determines the ability to bring a problem to attention
and to make evident the costs that public authorities should accept
or avoid. In contexts in which claims are backed with mobilization
and media exposure, the likelihood of postponing or ignoring legal
demands is reduced. In those cases, the exercise of societal account-
ability is likely to be successful because the task of control is dis-
tributed among different agencies with autonomous interests,
and because the number of 'external eyes' overseeing the problem
increases. When the three strategies coexist, each one controls
the other and compels its consideration. The media observes and
reports on the organization and mobilization of civil society.
The organization of the civil society listens and impels the media,
and at the same time, activates legal actions. This continuous and
reciprocal observation forces state institutions to give preferential
treatment to a problem.
The concept of societal accountability expands the classic under-
standing of the system of checks and balances among state agencies
to include a societal arena composed of a multitude of autonomous
and heterogeneous associations. In this sense, the concept of soci-
etal accountability revives the pluralist argument about the im-
portance of the societal sphere as a counterbalancing power that
complements horizontal mechanisms of accountability. Further
analyses on the workings of societal mechanisms can therefore
328 Catalina Smulovitz et al.
contribute to the enrichment of current debates on accountability
by including a series of social initiatives that we believe can play an
important role in addressing many of the institutional deficits of
horizontal mechanisms.
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Index