Magister Artium - MA (English) / After the 1976 student uprising, South Africa entered a period of increased violent state repression. The struggle against apartheid also became increasingly globalised, as can be seen in the UN resolution and the rise of various international anti-apartheid organisations. My thesis looks at the various ways in which art was used as a response to the crisis of late apartheid in the 1980s, focusing on a landmark international exhibition, the Art Contre Apartheid exhibition which opened in Paris on 1983. It examines the context and history of the Art Contre Apartheid collection, and follows its path to its current location at the Mayibuye Archive at the University of the Western Cape, where it mostly languishes in packing crates. My research locates its analysis of the works in broader debates around art and politics during the struggle years in South Africa, but also to highlights the continuities and contrasts between international responses to apartheid, and local struggle art produced in the period surrounding the launch of the exhibition. Some of most compelling works of art in the collection depict the human form, and register acts of torture. The analysis focuses specifically on depictions of a fragmentation and dismemberment of the human body. Drawing on Elaine Scarry's argument about the limitations of language as an adequate response to trauma, my research develops an analysis of these works that demonstrates how the body becomes a privileged site in which violent political contestations are made visible. The thesis also deals extensively with the 'absence of form', which highlights the various instances in the ACA collection where abstract art was used as a signifier of pain, and thus the unspeakable effects of apartheid.

Submitted by Divanete Paiva (divanete.paiva@utp.br) on 2018-06-19T13:21:17Z No. of bitstreams: 1 TORTURA E DITADURA.pdf: 1364476 bytes, checksum: f79b00fddb59a7916ce2b80361b51699 (MD5) / Made available in DSpace on 2018-06-19T13:21:17Z (GMT). No. of bitstreams: 1 TORTURA E DITADURA.pdf: 1364476 bytes, checksum: f79b00fddb59a7916ce2b80361b51699 (MD5) Previous issue date: 2015-12-09 / This study compares profiles of torture during the period of Brazilian military dictatorship, with the help of two films on this theme, Prá frente, Brasil (Onward Brazil) (1982), by Roberto Farias, and O que é isso, companheiro? (Four Days in September) (1997), by Bruno Barreto. With this aim, it adopts the methodology proposed by author Manuela Penafria (2009) and, thus, it outlines and analyses the representations of torture in these selected films. Thus, the study has identified specific sequences for the film analysis and description in each of the motion picture productions. It justifies these choices by the dramatic link between action and torture scenes, in addition to the portrayals of guiding elements for the descriptions and analyses, such as the presence of the tortured and torturers, with further addition of situations related to the issue of torture in Brazilian dictatorship. This work presents historical aspects such a regime, primarily the years from 1968 to 1973, periods corresponding to the narratives of either film, based upon the theoretical contributions from authors such as Élio Gaspari (2002a, 2002b, 2003), Marcelo Ridenti (1993), Jacob Gorender (1987), Daniel Aarão Reis Filho (2000) and Beatriz Kushnir (2001). In the first comparative stage, the reflection falls upon the creation, functioning and role of Embrafilme, in particular the actions of director Roberto Farias while he headed this statutory board, and, later, upon the repercussions from the sanctions by censorship units taken against his film Prá frente, Brasil (1982). In the second stage, regarding the film from Bruno Barreto, the survey presents a time frame pertaining to the occasion of the hijacking of the American Ambassador, in 1969, with the resulting conclusion of that action. In particular, the study comments upon a panorama of the publication, marketing and repercussion of the book O que é isso, companheiro? (1979) by Fernando Gabeira, since it served as guide for the script for this film. In addition, the research highlights the changes in finance modes and their consequences during the moment known as Cinema da Retomada (Resuming Cinema), according to authors Lúcia Nagib (2002, 2007), Pedro Butcher (2005) and Luiz Zanin Oricchio (2003). In summary, these productions, by reason of distinct options by their directors, failed to identify or name those guilty of torture practices incurred during the period of Brazil's dictatorial military regime, yet nevertheless they contributed to the collective imaginary and still allow new reflections to be made upon this theme and that era that have not been explored sufficiently and more pointedly. / Este estudo compara as representações da tortura, perpetradas durante o período da ditadura militar brasileira, em dois filmes sobre essa temática, Prá frente, Brasil (1982), de Roberto Farias e O que é isso, companheiro? (1997) de Bruno Barreto. Com esta intenção, o estudo opta pela metodologia proposta pela autora Manuela Penafria (2009) e, assim, descreve e analisa as representações da tortura dos filmes selecionados. Portanto, são identificadas sequências específicas para a análise e descrição fílmica em cada uma das produções cinematográficas. Justifica-se tais escolhas pela relação dramática entre ações e cenas de tortura, além das representações de elementos norteadores para as descrições e análises, tais como presença de torturados e torturadores, além de situações relacionadas ao tema da tortura na ditadura brasileira. Este trabalho apresenta aspectos históricos da ditadura brasileira, principalmente entre os anos de 1968 e 1973, períodos correspondentes às narrativas de cada um dos filmes, a partir dos aportes teóricos de autores, tais como Élio Gaspari (2002a, 2002b, 2003), Marcelo Ridenti (1997, 2001, 2007), Jacob Gorender (1987), Daniel Aarão Reis Filho (2000) e Beatriz Kushnir (2001). Na primeira etapa comparativa, reflete-se sobre a criação, funcionamento e papel da Embrafilme, em especial, sobre a atuação do diretor Roberto Farias, enquanto gestor da entidade, depois, quanto às repercussões sobre as sanções dos órgãos de censura impetradas contra o seu filme Prá frente, Brasil (1982). Na segunda etapa, em relação ao filme de Bruno Barreto, a pesquisa apresenta um recorte temporal relativo à época da ação de sequestro do embaixador norte-americano, em 1969, com o consequente desfecho da ação. Em especial, comenta um panorama sobre a publicação, divulgação e repercussão do livro O que é isso, companheiro? (1979) de Fernando Gabeira, já que serviu de guia para o roteiro para este filme. Além disso, destaca as mudanças dos modelos de financiamento e suas consequências durante o momento reconhecido como Cinema da Retomada, de acordo com autores Lúcia Nagib (2002, 2007), Pedro Butcher (2005) e Luiz Zanin Oricchio (2003). Em síntese, essas produções, por diferentes opções dos seus diretores, deixaram de identificar ou nomear culpados pelas práticas da tortura impetradas durante o período da ditadura militar brasileira. Não obstante, contribuíram para o imaginário coletivo e ainda permitem que novas reflexões sejam feitas sobre o tema e a época que não foram explorados suficiente e contundentemente.

In 1990, Chile made a successful transition from the authoritarian dictatorship that had ruled the country since 1973 to a democratically elected government. The authoritarian regime was characterized by massive and systemic practices of human rights abuses, and it left an official toll of 5,000 deaths, about 2000 of which constitute “detained and disappeared people”, and an additional 27,000 people who have been officially recognized as victims of torture. These figures do not take into account the unknown numbers of Chilean exiles, or those who were internally displaced or who lost their jobs due to their suspected political affiliations. The human cost of the military regime has continued to be one of the most enduring issues confronting the post-authoritarian Chilean nation. This thesis builds on the work of critical researchers who locate the Chilean authoritarian regime in the transnational politics of the Cold War and their effect in implementing neo-liberalism in Chile. This literature demonstrates that terror was a constitutive, rather than an incidental, element of neo-liberal governmentality: governmentality that inscribed itself on Chilean bodies through terror practices and that remains unscathed through the transition to democracy. With that premise in mind I explore, through a historical analysis of major conjunctures in the history of human rights debates in Chile, how the post-authoritarian nation accounts for the human rights legacies of authoritarianism while obscuring the continuity of authoritarian governmentality. I propose that human rights constitute a biopolitical governmental regime that in a manner comparable to the authoritarian terror captures human life within the realm of state power. As a regime, human rights submit experiences of terror to specific power-knowledge technologies that render terror intelligible, manageable and governable. Rather than promoting essential values of truth and justice, the human rights regime produces specific discourses of truth and justice as well as specific discourses of subjectivity and nation. In concrete terms, this thesis explores how the post-authoritarian nation and it subjects use the human rights regime to discursively construct a national truth in order to promote and protect specific governmental arrangements.

Given the contradictory reality of a well-developed human rights and humanitarian regime alongside extensive human rights abuses committed in the “Global War on Terror,” the dissertation asks how and why law has shaped contemporary security policy. Focusing on the American case over time, I examine this problem empirically by tracing the changing impact of both international and domestic legal and normative constraints on torture and interrogation, detention and trial, and surveillance practices, culminating in post-9/11 counterterrorism doctrine. I find that policy makers have increasingly violated rules with the adoption of controversial security and intelligence policies, but have simultaneously employed legalistic arguments to evade responsibility for human rights abuses. Using contrasting realist, decisionist, liberal, and constructivist accounts of the nature of state compliance with norms and law found in International Relations and legal scholarship, the dissertation theoretically explains this outcome and with it, law’s ability to moderate national security practice. In so doing, I propose an original reading of law as a permissive constraint, which challenges us to rethink paradigmatic assumptions in a way that accommodates both strategic and normative factors and recognizes the role of practice in giving content to rules.

Given the contradictory reality of a well-developed human rights and humanitarian regime alongside extensive human rights abuses committed in the “Global War on Terror,” the dissertation asks how and why law has shaped contemporary security policy. Focusing on the American case over time, I examine this problem empirically by tracing the changing impact of both international and domestic legal and normative constraints on torture and interrogation, detention and trial, and surveillance practices, culminating in post-9/11 counterterrorism doctrine. I find that policy makers have increasingly violated rules with the adoption of controversial security and intelligence policies, but have simultaneously employed legalistic arguments to evade responsibility for human rights abuses. Using contrasting realist, decisionist, liberal, and constructivist accounts of the nature of state compliance with norms and law found in International Relations and legal scholarship, the dissertation theoretically explains this outcome and with it, law’s ability to moderate national security practice. In so doing, I propose an original reading of law as a permissive constraint, which challenges us to rethink paradigmatic assumptions in a way that accommodates both strategic and normative factors and recognizes the role of practice in giving content to rules.

In 1990, Chile made a successful transition from the authoritarian dictatorship that had ruled the country since 1973 to a democratically elected government. The authoritarian regime was characterized by massive and systemic practices of human rights abuses, and it left an official toll of 5,000 deaths, about 2000 of which constitute “detained and disappeared people”, and an additional 27,000 people who have been officially recognized as victims of torture. These figures do not take into account the unknown numbers of Chilean exiles, or those who were internally displaced or who lost their jobs due to their suspected political affiliations. The human cost of the military regime has continued to be one of the most enduring issues confronting the post-authoritarian Chilean nation. This thesis builds on the work of critical researchers who locate the Chilean authoritarian regime in the transnational politics of the Cold War and their effect in implementing neo-liberalism in Chile. This literature demonstrates that terror was a constitutive, rather than an incidental, element of neo-liberal governmentality: governmentality that inscribed itself on Chilean bodies through terror practices and that remains unscathed through the transition to democracy. With that premise in mind I explore, through a historical analysis of major conjunctures in the history of human rights debates in Chile, how the post-authoritarian nation accounts for the human rights legacies of authoritarianism while obscuring the continuity of authoritarian governmentality. I propose that human rights constitute a biopolitical governmental regime that in a manner comparable to the authoritarian terror captures human life within the realm of state power. As a regime, human rights submit experiences of terror to specific power-knowledge technologies that render terror intelligible, manageable and governable. Rather than promoting essential values of truth and justice, the human rights regime produces specific discourses of truth and justice as well as specific discourses of subjectivity and nation. In concrete terms, this thesis explores how the post-authoritarian nation and it subjects use the human rights regime to discursively construct a national truth in order to promote and protect specific governmental arrangements.

The traditional model of Western mental health treatment for survivors of torture has focused mainly on posttraumatic stress disorder and related conditions. This model is symptoms-focused in which the goal is to reduce pathology. In this model, the mental health professional is the expert and the survivors learn from the professionals. Using grounded theory methodology, the current study seeks to expand the understanding for treatment of torture survivors by investigating, from the perspective of the torture survivors, the process of “getting better” after torture. By asking the survivors to explain this process, this study broadens the focus of areas of healing and intervention to include social, psychological, political, and biological aspects of their lives that need to be impacted in order for them to get better. Eleven adult torture survivors (9 men and 2 women) from various African and Asian countries described their process of getting better through qualitative interviews. A model of getting better was developed to describe this process. The central phenomenon of this process is moving on from difficult past experiences. Participants described a multi-dimensional process that includes various environmental factors and intrapersonal beliefs and coping strategies that promoted moving on and getting better. These multi-dimensional themes include using belief and value systems, establishing safety and stability, and establishing social support in order to move on. Once the survivors felt a sense of safety and support, they felt empowered to take action to move on from their past. These action strategies include disclosing torture experiences, controlling memories, supporting others, and utilizing available supports. Moving on led to improved relationships, more adaptive functioning, improved health, and release from emotional pain. Findings of this study were consistent with current literature documenting recovery after torture and other traumatic experiences. Implications for both theory and practice are discussed and directions for future research are delineated.

Thèse diffusée initialement dans le cadre d'un projet pilote des Presses de l'Université de Montréal/Centre d'édition numérique UdeM (1997-2008) avec l'autorisation de l'auteur.

This thesis takes a fresh look at the legal practices observed at the Sŏnch’ŏn trial, the main trial of the Korean Conspiracy Case. On 28 June 1912, 132 suspects were brought forth on charges of alleged assassination of the first Governor-General of colonial Korea, Masatake Terauchi. It is argued that if the immediate local interests of the new administration invariably affected the entire case, what determined the nature of the suspects’ treatment before and during the trial was a set of formal and informal legal practices that were transported to the colony amidst legal reforms. By analysis the trial from an empire-wide perspective, this study looks at how specific legal practices from the metropole were exacerbated in Korea through legal loopholes and the agency of legal actors and how such informal and disavowed legal practices both defined the legal system of the colony and helped sustain the Japanese colonial venture.

This thesis takes a fresh look at the legal practices observed at the Sŏnch’ŏn trial, the main trial of the Korean Conspiracy Case. On 28 June 1912, 132 suspects were brought forth on charges of alleged assassination of the first Governor-General of colonial Korea, Masatake Terauchi. It is argued that if the immediate local interests of the new administration invariably affected the entire case, what determined the nature of the suspects’ treatment before and during the trial was a set of formal and informal legal practices that were transported to the colony amidst legal reforms. By analysis the trial from an empire-wide perspective, this study looks at how specific legal practices from the metropole were exacerbated in Korea through legal loopholes and the agency of legal actors and how such informal and disavowed legal practices both defined the legal system of the colony and helped sustain the Japanese colonial venture.