Crime and Punishment, Human Rights, and Indigenous Governance

Criminal punishment at the expense of democracy and human rights

Democracies must strike a balance between feelings of security and the protection of democratic processes and human rights. A recent study of attitudes in El Salvador found that fear of crime and mistrust in state institutions increases support for punitive criminal punishment, even at the cost of human rights and democratic systems. Similarly, research in the Philippines shows that people tend to have a positive attitude toward strong leaders who are not constrained by the legislature, and that the people who prefer these strong leaders also judge the country as being better at protecting human rights, regardless of objective realities. These developments highlight the potential conflict between security on one side and human rights and democracy on the other, and how important it is to find solutions that meet people’s needs to overcome that perceived conflict.

Indigenous autonomy and mobilization enable resistance to criminal governance

In societies that struggle with high rates of organized crime, criminal organizations will often use violence, bribery, or intimidation to capture government organizations and control local societies. However, recent research into indigenous communities in Mexico found that indigenous communities can resist government takeover by criminal organizations when they have histories of social mobilization and have also developed their communal customs into autonomous regimes. Communities with only one or the other are not any more (and sometimes less) resistant to criminal governance. This indicates the potential of bottom-up democratic and security development, which does not put the two needs in direct conflict.

Do you have a study we should share for a future Facty Friday? Send an email to drg.el@usaid.gov!