Human Rights Workshop: Roberto Gargarella on the Demand for Democratic Dialogue

At the October 1, 2020 Human Rights Workshop titled “The Need for Democratic Dialogue: Emergency in Latin America,” Roberto Gargarella discussed his findings in his recent research paper comparing government responses to the COVID-19 pandemic in the region. Gargarella, a Professor of Constitutional Theory and Political Philosophy at the Universidad de Buenos Aires and at the Universidad Torcuato Di Tella, attributed the failure of many Latin American countries’ responses to COVID-19 to a lack of dialogue between government officials and constituents. He emphasized the importance of “democratic deliberation” during a crisis.

Gargarella argued that the COVID-19 response in Latin America has neglected some key protective measures, while other measures have been excessively restrictive. He noted that many Latin American countries established an early lockdown, with some countries like Argentina spending over six months in “full lockdown” — though after months of isolation, many people are now disobeying lockdown orders. Governments justified these “very early and very strict” coercive measures, as well as the “excessive use of force,” as a means to prevent the collapse of their healthcare systems. Yet, Gargarella said, other than these efforts to concentrate power, government officials have done little to stop the spread of the virus. Gargarella explained that “very few tests” have been administered. After using “only coercive measures” to contain the virus, Gargarella pointed out, Latin America is the “most affected region” worldwide with respect to the number of COVID-19 cases and the number of COVID-19 deaths.

These poor results, according to Gargarella, are a symptom of a broader lack of vertical conversation between constituents and government officials. “By concentrating authority,” Gargarella said, “you increase the risk of mismanagement.” Universal policies decided at the national level as a result of this concentration of power can be out of touch with local issues, he explained.

In many communities in Latin America, like other parts of the world, Gargarella said, “millions of people” lack access to clean water and sanitation as well as spacious living quarters. Because some people live in densely populated areas and overcrowded living spaces, he said, it seemed irrational to many to heed the advice of international and national institutions that urged them to stay inside. Instead, contrary to government officials’ advice, many people felt safer leaving their homes, where they could access water to wash their hands and use public spaces to distance themselves from others.

“In situations of crisis, you need to listen to the voices of the most disadvantaged,” Gargarella said, “because even in good faith, you may not understand the situations of other groups.” He emphasized the need for context-sensitive communication between public health experts, government officials, and disadvantaged communities. By increasing communication between these actors, Gargarella said, officials can learn more information than they would otherwise have available and “avoid biases and partiality.”

Gargarella expressed concern that individuals — particularly those who are most marginalized — lack the institutional tools for democratic “dialogue and participation.” The need for dialogue, he said, “means we need to be aware that our institutional tools are extremely poor” and do not effectively help people “discuss, decide, talk to other people, and keep representatives accountable.”

Without institutional mechanisms offering individuals “access to public authorities,” Gargarella said, it is vital for governments to acknowledge protestors. He cited the Colombian Constitutional Court’s Decree 444 in August 2020 as an example of efforts to be responsive to protestors. The Decree established a “fund for emergency mitigation,” effectively asking “common people” what kinds of problems they were encountering under the executive government’s restrictive orders. While he commended that move, Gargarella said that Latin American institutions are ill-prepared to foster this kind of dialogue on a broader scale. “The main goal is to have constitutions that help us to discuss with others, to participate in the public procedures, to make our representatives accountable,” Gargarella said.

He lamented that the “one tool” citizens consistently have to hold officials accountable is a “periodical vote.” While voting is important, Gargarella explained, it is also an “extremely poor instrument,” because it is a singular mechanism through which people are expected to communicate “nuanced views and different interests” regarding public policies, candidates, and future goals.

While Gargarella noted that Latin America has some of the most “generous” and robust constitutional provisions for social rights, he argued that these “hundreds of changes” have been introduced with no fundamental changes to the “organization of power.” The archaic, elitist organization of power of Latin American governments, he explained, is in contention with the “very progressive, participatory, democratic, soul” of the constitutions. “The pandemic gives us a good opportunity to reflect about basic democratic issues,” Gargarella concluded.