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Luis Barrios Proposes Ecuadorian Prison Reform – John Jay Scholars on the News

Nightmarish conditions inside Ecuador’s prisons have exploded into international news. Overcrowding, a struggle for territory between drug cartels, and correctional officers’ loss of control inside carceral facilities set the scene for a series of prison riots beginning in February 2021 that have claimed the lives of numerous incarcerated people—just how many have been killed or injured is still not known.

Image shows a yellow metal door partially open to show an empty prison cell within
Inside deserted prison Penal Garcia Moreno, Quito, Ecuador (Image from Shutterstock)

The drug trade in Ecuador has been operating from its prisons for some time, but violence flared up after the charismatic leader of Ecuador’s largest drug cartel, Los Choneros, was murdered in late 2020. To attempt to address the problem, Ecuadorian President Guillermo Lasso in December 2021 convened a commission that, in his words, “would analyze the causes and effects of the current prison situation.” But according to Dr. Luis Barrios, a professor in John Jay’s Latin American and Latinx Studies Department and in the CUNY Graduate Center’s Psychology and Social Welfare programs, the conditions that allowed this to happen have been around since long before 2021.

“Stop saying this is an inmate issue,” he says, quoting a recent report from the Inter-American Commission on Human Rights, “this is a structural, systemic issue.” Barrios points to a culture of reaction rather than prevention, a lack of effective public policy to deal with criminal justice matters, and pervasive corruption. All of this has created an environment inside the prisons where violence is incentivized. “In this type of environment, this is the way to survive. You kill or they kill you. That is part of the reality that we want to describe.”

Dr. Barrios serves as one of seven members of the independent commission created by President Lasso; his participation came at the request of the incarcerated. His scholarship brought him into contact with and gained the trust of gang members on the streets of Ecuador, New York City, and elsewhere, working with John Jay professor David Brotherton to study gangs as social organizations. Now he brings that expertise to this work, visiting prisons one week of every month through June 2022 in order to produce a report that will effect real change in Ecuador.

“As a commission, we went beyond diagnosis; we went inside the prison, we are spending quality time. You can feel the pain, frustration, and anger,” says Barrios. “So instead of just giving a diagnosis, we decided to create proposals that the government can implement immediately to deal with this prison crisis.”

Among the proposals called for by commission members: an increased focus on crime prevention rather than punishment; human rights protections; decentralization of the legal and judicial system; better training for correctional officers and prison administrators; an effective prison census; and access to health services and educational opportunities for the incarcerated, including programs that give inmates other options besides engaging in the drug trade.

Dr. Barrios brings his activism to both of his vocations: academia and the priesthood. He sees both as complimentary opportunities to empower communities and work for justice. This work informs his objections to the Ecuadorian government’s proposed “mano dura,” or zero tolerance, approach to shutting down gang violence in prisons. Above all, he seeks to use his role on the commission to protect Ecuador’s vulnerable incarcerated populations and guarantee that the government respects human rights. “There’s no neutrality when it comes to dealing with justice,” he says. “You take the side of justice or you take sides against it—when you say you’re not going to get involved, you are already involved.”

A headshot of Rev. Dr. Luis Barrios, smiling at the camera and wearing a red scarfDr. Luis Barrios has been a faculty member at John Jay College for 28 years, and at CUNY for even longer. During that time, he has worked on projects that blend social action and scholarship, involving gangs and gang violence, deportation, human rights, clinical work focused on trauma and abuse, and contemporary perspectives of life on the Dominican-Haitian border.

A Legacy of Violence: Impact Magazine 2018-19

Two sisters watch as the remains of their mother and four small siblings are exhumed, Nebaj, Quiche, Guatemala (2000) - Photograph by Jonathan Moller, courtesy of the Historical Memory Project
Two sisters watch as the remains of their mother and four small siblings are exhumed, Nebaj, Quiche, Guatemala (2000) – Photograph by Jonathan Moller, courtesy of the Historical Memory Project

In American politics, issues like immigration and the refugee crisis generate national headlines daily. But the complex dynamics of immigration are inextricably tied to U.S. history in the Americas, where a legacy of colonialism continues to define the relationship between the United States and the nations of Central and South America.

More than 50 years of interventions in Guatemala, Honduras, El Salvador, Panama, Chile, Brazil and other countries in the southern hemisphere have affected the lives of these countries’ residents in various ways. Many have resulted over the long term in the systematic destabilization of government coupled with a legacy of violence and military dictatorship, contributing to the reasons that immigrants may cite for wanting or needing to leave their homelands: gang violence, repression, dictatorship and more.

Several professors and students at John Jay have made it their life’s work to investigate the causes and ramifications of this instability, among them José Luis Morín, Claudia Calirman, Pamela Ruiz, and Marcia Esparza.  We profiled these scholars in our latest issue of Impact magazine. Read on for a summary of our Impact feature story.

Suing for Justice

Jose Luis MorinJosé Luis Morín, Chair of John Jay’s Latin American and Latinx Studies Department, is deeply involved with the process of finding justice for the victims of the American 1989 invasion of Panama. Morín had been in the thick of the invasion, which he recalls as “literally a war zone,” and subsequently filed a lawsuit on behalf of individuals who had been directly harmed, seeking reparations from the United States.

Nearly 30 years later, in December 2018, the Inter-American Commission on Human Rights finally issued a decision in the case, holding the U.S. government solely responsible for the deaths of Panamanian citizens during the invasion; it is responsible for compensating the victims for damages.

Finally having a decision saying that the U.S. had violated human rights through its actions was a key step toward justice. Morín returned to Panama following the decision, going to communities to explain what this meant and speak to the individuals and families who were part of the case.

“What makes this particularly relevant, and so critical to the work we do in this department, is having our students learn about the history of Latin America and how the U.S. played such an integral role in how these countries developed,” said Morín.

Art Under Fire

The U.S. justified its intervention in Panama as a defense of democracy, but some U.S.-backed “democratic” leaders have turned out to be authoritarian dictators. This was the case in Brazil, where a right-wing authoritarian government ruled from 1964 to 1985.

Claudia Calirman, Associate Professor of Art & Music, is an expert on artistic resistance to government repression in Brazil, and her research — including her first book, Brazilian Art Under Dictatorship — explores how art was expressed in mediums designed to thwart detection. These mediums include body art and what was called “ready mades,” which are every day objects modified to carry subversive or critical messages that could be circulated publicly without implicating the artist.

Calirman’s ongoing work explores different facets of Brazilian art over a variety of timeClaudia Calirman head shot periods, showcasing the ways Brazilian artists approach tough issues and combat repression. Her forthcoming book deals with Brazilian women’s struggles with the term “feminism” as it has applied to their work since the 1960s and ’70s. And Calirman is working on curating a Spring 2020 exhibit at John Jay’s Shiva Gallery about ongoing censorship of art in Brazil.

Uncovering Violence

Pamela Ruiz is a recent graduate of the CUNY Criminal Pamela Ruiz headshotJustice doctoral program whose dissertation analyzed the evolution of gang violence in the Northern Triangle of Guatemala, Honduras and El Salvador. An explosion of gang violence in these Central American countries is connected to instability and the destabilization of democratic governments.

Ruiz aimed to classify violence that is truly gang-associated, to dispel myths around violence and better target enforcement. “The perception is that all this violence is attributed to gangs,” she explained, ‘but when you go into a country and interview people, you discover that it’s different groups contributing to violence in different areas.”

Her quantitative methods are filling a key gap in research in the region, providing reliable data that policymakers can use to reduce violence, target corruption, and more.

Documenting Dictatorship 

Marcia Esparza, Associate Professor of Sociology and an expert on genocide, state crimes, and human rights violations, would argue that, wherever violence and repression are to be found, remembering victims and commemorating resistance is vital in learning from the past and addressing present violence and corruption.Marcia Esparza portrait, sitting on a bench holding up a color print of a photo from the Historical Memory Project archives

“If we don’t look at the long-term footprints of militarization on the local level, we cannot talk about democracy or democratic institutions,” she says. Esparza was inspired by her work interviewing genocide survivors in Guatemala to found the Historical Memory Project, which archives and draws on primary sources to memorialize the victims of genocide and state violence, and those who resisted it.

She also emphasizes the importance of helping John Jay students connect with their histories as part of a diaspora. Esparza’s students play a key role in the project’s efforts, as they organize and sort through the large archive to pull together educational exhibitions.

Shared History

The shared history of interventionist foreign policy and authoritarian rule has created a spider’s web of mutual entanglements that continue to tie the United States to its southern neighbors to this day. This long-term history of invasion and intervention by the United States has created patterns and threads that John Jay scholars trace in their efforts to understand, alleviate, and memorialize violence and instability in these countries, in order to achieve justice, create a lasting peace and, in the process, help some Latinx John Jay students better understand their own histories.

For the full feature, please visit the John Jay Faculty and Staff Research page to read the whole magazine in PDF form!

Social Inclusion Leads to Violence Reduction in Ecuador – Dr. David Brotherton

David Brotherton headshotSince 2007, the Ecuadorian approach to crime control has emphasized policies of social inclusion and innovations in criminal justice and police reform. One notable part of Ecuador’s holistic approach to public security was the decision to legalize a number of street gangs in 2007. The government claimed this decision contributed to the reduction of homicide rates from 15.35 per 100,000 in 2011 to close to 5 per 100,000 in 2017. Professor of Sociology David Brotherton was commissioned by the Inter-American Development Bank to spend six months evaluating these claims through a qualitative research project focusing on the impact on violence reduction had by street gangs involved in processes of social inclusion. The results were published in 2018, arguing that social inclusion policies helped to transform gang members’ social capital into a vehicle for behavioral change. In December 2018, Dr. Brotherton was awarded a grant by the Harry Frank Guggenheim Foundation to continue the work.

 

What did you learn during the initial phase of your research?

We learned a lot. These are very large groups, with over 1,000 members spread across Ecuador, and they managed to create a new kind of culture within their organizations that was pro-social, pro-community, with a strong element of conflict resolution and mediation, cultures where they were working as partners with the government and non-state actors like universities on progressive agendas. They were partners in pro-social activities, everything from creating new youth cultures to voting, job training, and strengthening local communities, all of which you don’t associate with street gangs. And in their ranks are the most marginalized youth of their country, so they can reach kids that are so marginal that other organizations don’t reach them, even indigenous kids from the Amazon, and it is so important to bring them in and work with them. This is all across Ecuador.

When we asked the members what had changed, they said they don’t get into the same level of conflict. Where there might have been a previous period where they were at war with one another, they were able to end it with the government playing a role.

Sometimes these interventions don’t last very long, once the money runs out, but here you had a government that constantly maintained a presence and lived up to its promises, so the trust level became really high.

The end result is not necessarily unique, we’ve seen this in other places like with the Latin Kings in New York and various places in Spain, but the outcome across ten years was quite remarkable. Homicide rates are so indicative of a country’s ability to resolve tension, so when you see the inarguable statistics of homicides going down every year for ten years — it’s related to different factors, they also reformed the police department, but when you see that kind of result it’s pretty impressive.

 

What key aspects of the inclusion policy allowed gangs to successfully transition from criminal to purely social organizations?

The government recognizes that they won’t change overnight, because the economic situation doesn’t allow that, but you make it such that whatever [gangs] are involved in doesn’t hurt the community, and there are other pathways they can move into and you are creating real opportunities. So what does that look like? It looks like being recruited into programs at the university to give you skills, diploma programs. And these kids become a kind of role model for their mates.

In addition to that, [all of the gangs] were incorporated as non-profit organizations, which allows them to get government grants to do things like community building. You’re not just rhetorically arguing for a new culture, you’re making a new culture and making it happen. Those joining the organization come in with a different set of expectations, and it has a tremendous ripple effect. They created a strata of professional workers.

Also, the police are told not to pick them up, or intervene in their meetings. And the kids don’t fear any kind of stigma, they’re not constantly being harassed. With the communitarian police force, they worked with the heads of the police. It’s a totally unique phenomenon, and flies directly in the face of what we’re pushing in the U.S., which is zero tolerance.

 

Where else might this social inclusion approach be effective in curbing violence?

I mean, it could be effective in the U.S. Social inclusion is the complete opposite of the repressive policy that nearly always leads to what we call deviant amplification. You need to stop the stigmatization and have meaningful relationships with street groups, with intermediaries from the government. In the U.S., the police are so strong that this is all very difficult.

To make this work anywhere, politically you need to make a decision about where to invest resources. [In Ecuador,] they didn’t invest in the military, they didn’t invest in massive tax breaks for corporations, in fact they did the opposite. They boosted money for culture and art. If you stick with these political decisions, they will pay dividends over time.

 

What is the next step in completing this research?

I have a full-time field researcher, Rafael Gude, who has been working in Ecuador since April, focusing on the relationship between the Catholic University of Quito and the Latin Kings and Queens. I’m going down myself July 3-15 to do field work both with the Latin Kings and Queens and to attend a big national meeting in Cuenca, then I travel to Las Esmeraldas, on the Pacific coast of Ecuador, where we will interview members of the third major street organization in Ecuador, called Masters of the Street. We want to understand the changes in that group and the roles of social and political empowerment in the reduction in violence.

Las Esmeraldas had the highest rate of violence, with a really high homicide rate of around 70 per 100,000, which is now down to 20, and it’s on the border with Colombia so this is the biggest drug trafficking area and also very poor. This is a completely different socio-economic context, and mainly black Ecuadorians, so we want to see how the whole issue of race works itself out as they’re trying the same policy.

Also, things have changed; although the same party is in power, it’s not the same government. We thought they were going to completely reverse the policy, but a number of media organizations got into this report, and I gave this big talk in Medellín last year, and it’s become a real media story about this success. So this government has maintained the same policy, and embraced it as much or more than the last government.

Right now, we are also looking to do work in the prisons where the inmate population has increased substantially in recent years and many of the incarcerated have joined the groups.

 

Why is it important to continue this research?

The importance of this work is that it demonstrates a viable alternative to “zero tolerance” and other repressive policies that led to the highest homicide rates in the world — for example, in Central America’s Northern Triangle. The topic has been covered by the BBC and is out in English, Spanish and Portuguese, with multiple other Latin American nations now taking notice, including the president of Mexico.

 

How does your research dovetail with the HFG Foundation’s mission?

The research meshed with their general focus; they’ve always supported innovative anti-violence or violence prevention studies. For them to come on board, it’s a big deal.

 

You can learn more about the first stage of this research via the report on the Inter-American Development Bank’s website, or by listening to him talk about his research on the BBC program The Inquiry (starts at 13:43) or on the Peter Collins Show podcast.

 

Dr. David Brotherton is a Professor of Sociology at John Jay College and the CUNY Graduate center. He is the author of a number of books on gangs and immigration, most recently co-authoring Immigration Policy in the Age of Punishment: Detention, Deportation, and Border Control. He is a founding member of the Social Anatomy of a Deportation Regime research working group based at the Center on Social Change and Transgressive Studies at John Jay.

 

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