Professional Documents
Culture Documents
INTERMEDIATION AND
REPRESENTATION IN
LATIN AMERICA
ACTORS AND ROLES
BEYOND ELECTIONS
Series Editor
Maxine Molyneux
Institute of the Americas
University College London
London, United Kingdom
Titles in the Studies of the Americas Series include cross-disciplinary and
comparative research on the United States, Latin America, the Caribbean,
and Canada, particularly in the areas of Politics, Economics, History,
Anthropology, Sociology, Development, Gender, Social Policy and the
Environment. The series publishes edited collections, which allow explo-
ration of a topic from several different disciplinary angles by eminent
scholars; book-length studies providing a deeper focus on a single topic;
and readers on specific themes. This series is published in conjunction
with UCL’s Institute of the Americas under the editorship of Prof. Maxine
Molyneux. For further information, please see: http://www.ucl.ac.uk/
americas/publications/studies-of-the-americas
Intermediation and
Representation in
Latin America
Actors and Roles Beyond Elections
Editors
Gisela Zaremberg Adrián Gurza Lavalle
Campus México Political Science Department
Facultad Latinoamericana de University of São Paulo
Ciencias Sociales (FLACSO) São Paulo, Brazil
Mexico City, Mexico
Valeria Guarneros-Meza
Dept. of Politics and Public Policy
De Montfort University
Leicester, United Kingdom
v
vi PREFACE
Philip Oxhorn
McGill University
Acknowledgements
ix
Contents
xi
xii Contents
Index 201
List of Contributors
xiii
xiv LIST OF CONTRIBUTORS
xv
xvi LIST OF ACRONYMS
xvii
List of Tables
xix
CHAPTER 1
Gisela Zaremberg, Adrián Gurza Lavalle,
and Valeria Guarneros-Meza
Adrián Gurza Lavalle thanks the support by the Center for Metropolitan
Studies (CEBRAP, USPCEM), grant nr. 2013/07616-7, São Paulo Research
Foundation (FAPESP).
G. Zaremberg (*)
Facultad Latinoamericana de Ciencias Sociales (FLACSO), Mexico City, Mexico
A.G. Lavalle
Universidade de São Paulo (USP), São Paulo, Brazil
Center for Metropolitan Studies (CEM), São Paulo, Brazil
Brazilian Center for Analysis and Planning (CEBRAP), São Paulo, Brazil
V.G. Meza
De Montfort University, Leicester, UK
circuits with the terms force, project, word and people. They may, or may
not, be complemented by a fifth, more traditional term, the vote. As has
been mentioned, each circuit is characterized by a type of actor, acting
under certain rules and resorting to certain repertoires of actions, such as
shown in Table 1.1.
Each circuit follows certain principles underpinning a repertoire of
action that structures the type of representation in such a circuit. Circuits
also have certain rules incentivizing and sanctioning such repertoires.
Besides these structuring elements, we highlight several types of actors,
associated to each circuit, who play the role of intermediaries or represen-
tatives. The type of actor allocated to each circuit is the most recurrent
actor found in empirical research; however, they are not constrained to
that circuit. It is possible for actors to cut across other circuits depending
on the context that is being studied.
The circuit referred to as “force” includes generally corporate (union)
actors, and recently we have found civil society organizations developing
an important role in this circuit. It is related to the world of urban–indus-
trial or rural–agricultural work. Institutions that form part of this circuit
are those that regulate the right to strike, from labour associations to col-
lective bargaining. In addition, they would regulate freedom of demon-
stration and assembly, although these do not relate solely to this circuit.
The repertoire of actions associated with this representation circuit, from
the actors’ perspective, are essentially striking and protesting. Although
social movements are actors who use protest as a part of their repertoires
of action, we recognize protest as a part of a representational task. Social
movements can play a role in this circuit (see Ansolabehere and Valle’s
chapter), but we need not confuse the role of social movements in a cycle
of protest with the role of mobilization attached to bargaining in formal
processes of representation found in the labour sphere.
Placing “force” at the centre of this circuit does not imply that no negoti-
ation exists. Rather, the metaphor alludes to the fact that for actors involved
in this circuit, the existence of conflict is an integral part of the presenting
issue, and assumes real or potential appeal for the use of force as an integral
part of negotiation. From the start, this circuit corresponds to the most clas-
sic sphere of corporate and neo-corporate representation (Schmitter 1992;
Schmitter and Lehmbruch 1979). However, as shown in the chapter by
Bensusán and Subiñas, included in this book, new actors are rising from both
national and international civil organizations that will incorporate delibera-
tive innovations into the negotiation process regarding labour rights.
Table 1.1 Types of representation circuits
Vote Force Project Word People
7
8 G. ZAREMBERG ET AL.
Defining Intermediation
The term intermediation is broad and, in some senses, more abstract than
that of representation. Although it has been used with various objectives,
strangely enough, it has repeatedly not been related to the concept of
representation. According to dictionary definitions, intermediation has
two main meanings. First, intermediate means an “act where two or more
people or entities can reach an agreement” (DRAE, 403). Second, and in
contrast to the first, it refers to an economic activity that consists of “medi-
ating between two or more people, and especially between producers and
consumers of goods and merchandise” (DRAE, 403). What is interest-
ing about these two meanings is that the first places importance primarily
on the achievement of an agreement, and appears to suggest that who-
ever intermediates has to be neutral and impartial, devoid of any vested
interest, and averse to partial decisions in reaching agreement (including
a paid and employed third party or two disagreeing parties). The second
meaning, on the contrary, clearly allows space for economic and personal
interest.8
Implicitly, the first meaning appears to be more recurrent in the lit-
erature pertaining to legal intermediation and especially in the discourse
related to intermediation regarding labour rights. In this case, the idea of
intermediation appears to allude to the impartial intervention of a third
party (typically the State) that intervenes in labour conflicts in order to
reach agreements. The second meaning, in contrast, generally consid-
INTRODUCTION: BEYOND ELECTIONS: REPRESENTATION CIRCUITS... 11
ers that the person who intermediates acquires a certain return for being
in a position to connect two actors who, without such intermediation,
would be unable to accomplish an economic exchange (e.g., the financial
intermediation that connects capital with production). This is the most
frequent connotation in the literature of brokerage and clientelist interme-
diation (Auyero 1999), and, of course, in the understanding of politicians
as rent seekers (Downs 1991[1957], 9–33). This meaning is also present
in studies regarding those who intermediate the relationship between pri-
vate corporations (Burt 1992).
It is worth noting that in no case do dictionary definitions refer to
intermediation as constituted by formal or public elections. If regarded as
intermediation, it is always alluded to as political representation, although
it implicitly shares qualities with a more general conceptualization of inter-
mediation. The differences in language appear to run parallel to the his-
torical importance acquired by electoral representation in a representative
government. Within this context, it is noteworthy that the tension between
universal or impartial (in everyone’s benefit) connotations, related to the
first meaning of intermediation, and the personal or rent-seeking connota-
tions of the second meaning is also key in the literature regarding electoral
representation (Pitkin 1967; Sartori 1980[1976]).
Over and above the tension between the meanings behind the first two
definitions exists a third, usually in dictionaries that designate the term
intermediate as that which is located between two extremes of time, size,
quality or place. In these cases, intermediation alludes to a delicate geo-
metric or time exercise that requires the ability of precise measurement. It
is interesting to underline that this third group of meanings predominates
in the Latin origin of the word.
The contrast between “universal” connotations of intermediation and
partial connotations is not seen clearly in their philological origins. By
tracing the etymology, it can be seen that in Latin (late, common Latin),
the word intermediate alludes to “s/he who is in middle” (Latin Spanish
Dictionary, DLE).9 This, in turn refers to medial: “s/he in the middle”.
The word medialia: medal, is derived from these words, meaning to
divide in equal parts and refers to the period in which sports games were
divided and winners were rewarded on the middle podium (also related
to the term medal or metal). Similarly, the terms merit or meritocracy are
derived from this word.
Regarding the Greek root of the word “means”, two etymological ori-
gins can be found. The first refers to the word medeia, literally, astute,
12 G. ZAREMBERG ET AL.
Superior actor
Intermediary
Intermediated
Fig. 1.1 Intermediation
as a triadic relationship
14 G. ZAREMBERG ET AL.
tion and research sterile. From the viewpoint of the interests of the inter-
mediated, no existing modality of political intermediation is capable of
guaranteeing, a priori, the effectiveness or efficiency of its results. This
implies that electoral representation does not a priori constitute the most
effective form of intermediation. What makes political intermediation
effective or not depends on a set of contingent factors—electoral legis-
lation, profile of existing political parties, political circumstances and
so on—that are worth separating out from our definition. As discussed
below, discarding this dimension does not imply abandoning the substan-
tive issues regarding interests and preferences of those intermediated, as
classically suggested by the idea of “good representation” or acting in the
“best interest of the represented”. Maintaining these substantive issues
does not mean restoring formulaic answers to theories based on electoral
representation either, but rather redefining them with a degree of abstrac-
tion that allows for the separation of a specific institutional modality of
intermediation (electoral representation) from the characteristics of other
forms of intermediation that may be more favourable to the intermediated
(other types of circuits).
The analytical dimensions of intermediation need to be defined in such
a way as to equate the formal and substantive properties of the various
modalities of political intermediation (circuits), without preordaining the
attributes of electoral representation as superior. Furthermore, we endeav-
our to preserve a discussion with the accumulation of systemic reflec-
tions offered by contemporary theories of representation. This has meant
specifying sufficiently abstract categories in order to allow empirical cases,
regardless of morphology, to hold comparable positions.
We begin with a crucial dimension, for which electoral representation
tends to impose itself as a parameter: authority (Pitkin 1967). Clearly,
one of the main difficulties in considering diverse forms of political
intermediation without opposing electoral representation is their lack of
authority. With good reason, this arouses suspicion regarding their legiti-
macy (Przeworski 2002). Nevertheless, expressed, universal and institu-
tionalized authority, as an integral part of electoral representation, is not
easily applicable to other modalities of intermediation, not even when pub-
licly expressing defence of a particular group (advocacy), and even less so
when the defended causes are diffuse or not associated with a constituted
social group (e.g., activities in defence of the rights of future generations,
animals or nature). Furthermore, authority may not even be desirable in
certain cases of public voice, as evidenced by civil society organizations
INTRODUCTION: BEYOND ELECTIONS: REPRESENTATION CIRCUITS... 15
(CSOs) working for the defence of human rights and for causes that are
contrary to the majority in the context of daily life (such as gender equality
in Islamic countries).
We consider authority as an expression of a more general dimension:
internal recognition, and not necessarily as vertical authority of those that
are intermediated. Elections are formal mechanisms, with highly institu-
tionalized authority that guarantees the recognition of functions of rep-
resentation exercised by representatives, although the possibility always
exists of disagreeing with specific decisions taken. Traditional figures of
authority also have ways of gaining recognition of the people who can be
institutionalized.
To recognize the exercising of functions does not mean approval of the
content of the decisions themselves (and neither is this the case regarding
electoral authority), but rather of the legitimacy of the functions exercised.
Two other possibilities exist. The first consists of having knowledge of
intermediation but not agreeing with it, that is, knowing but not recog-
nizing (e.g., this is what the literature tends to refer to as “clientelist”).
The second possibility is to be unaware of intermediation, as is the case
with some advocacy CSOs.12
The nature of this analytical dimension is thought about as internal rec-
ognition of political intermediation or, if preferred, ex parte populi. Those
represented, or those whose interests and opinions are politically mediated
by others, can only guide their behaviour in relation to the intermediation
exercised, if they know of its existence (see Fig. 1.2).
The second dimension of intermediation refers to accountability, nor-
mally thought of as control of the representative by the represented. This is
the model, par excellence, of electoral representation informed by it. This
model has at least one supposition that is worth reviewing: the idea that
the relationship between representative and represented responds to the
principal (elector/represented) and agent (elected/representative) model
(see, e.g., Manin et al. 1999). This is the dominant model in empirical and
theoretical literature regarding the relationship between accountability
- ______________________+________________________++
Ic Without knowledge Ib knowledge Ia recognion
(knowledge without consent) (knowledge with consent)
- _______________________+________________________++
IIc Almost discreonal IIb moderate constraints IIa strong constraints
is defined by the “clash” between two forces that confront one another
without sharing common ground rules, as they do not recognize the irre-
deemable existence of the “other” with interests, demands or beliefs that
are different and opposed to their own.17
The above formulation shows that the substantive issue remains in our
scheme, but cleansed of some of its most intractable aspects. This pro-
posal includes the degree to which interests are “refined and enlarged”
as expressed in the now classic formulation by the Federalists (specifically
Hamilton), not as a product of the characteristics of the intermediator, but
rather as the presence of different ways of processing the content in dis-
pute in the intermediation. From a conceptual viewpoint, this dimension
of intermediation centres on the tension between agonism and antago-
nism. What is interesting here is the degree of agonism permitted by the
characteristics of the modalities of the intermediation in question. The
poles of this third analytical dimension are ordered from antagonism,
where actors are oriented towards the nullification of the other; as such,
within this pole, attempts exist to silence the content defined by some of
the parts. The dimension then passes through a restrictive agonism, in
which this silencing is only tolerated under certain restrictive conditions,
and finally culminates with the opposite pole in which agonism is open or
(almost) unrestricted (see Fig. 1.4).
_______________________+________________________++
IIIa antagonism IIIb restricted agonism IIIc unrestricted agonism
Strong
constraints
Unrestricted agonism
Antagonism
Almost discreonal
Without
Recognion
knowledge
tion (I a), strong constraints (II a) and unrestricted agonism (III a) shift
towards the upper, back, right vertex of the cube, while the modalities
of political intermediation located close to the poles without knowledge
(I c), almost discretional (II c) and antagonism (III c) shift towards the
lower, front, left vertex (see Fig. 1.5).
As a result, we have an axis of basic tension that diagonally crosses the
cube from one vertex to the other in a continuum. For example, average
electoral representation would occupy a position defined by three values:
recognition followed by moderate to low constraints, and unrestricted
to restricted agonism. To the degree that political decisions are taken by
elected representatives, based on the principle of a simple majority, we
have a representation system closer to restricted agonism with a lesser
degree of constraint. Alternatively, if, for example, we add proportional
mechanisms to the presence of internal party elections or administrative
control of the electoral process, we would shift towards both unrestricted
agonism and greater constraints.
The cases included in this book undertake the exercise of locating dif-
ferent experiences on the dimensions of the cube, based on the breadth
of observation offered by the representation circuits. The four chapters
INTRODUCTION: BEYOND ELECTIONS: REPRESENTATION CIRCUITS... 21
Notes
1. This and the following narratives come from field logbooks and
in-depth interviews conducted during the research entitled
“Networks and Hierarchies, representation, networks and local
governance in Latin America”, financed by International
Development Research Centre, Canada, from 2008 to 2011
(Zaremberg 2012; Zaremberg and Muñoz 2013), and from focus
groups developed in the framework of the project entitled “Behind
the threads of Theseus: intermediation and representation in Latin
America”, financed by FORD LASA during 2012. Names of
respondents and certain movements have been changed and only
vague references are made to geographical locations in order to
preserve the anonymity of the respondents.
2. The mission system comprised a series of social programmes devel-
oped by Hugo Chavez’s government in 2003. The Robinson
Mission, in particular, was designed to combat illiteracy.
INTRODUCTION: BEYOND ELECTIONS: REPRESENTATION CIRCUITS... 23
3. Our definition of rights arises from the notion that includes, but is
not limited to, civil, political and social rights as characterized by
the classic tripartite classification proposed by Marshall (1950).
Exercising citizenship transcends its legal characterization as rights
granted. Citizenship is perceived as civic-political identity, and in
this sense we understand that citizenship is considered to be a pro-
cess of fighting for “the right to have rights” (Jones and Gaventa
2002). Allusion is made in this book to rights that include cases
where intermediation can be identified in the fight for different
rights: from those more classically recognized (such as labour
rights) to those related to the protection and reparation of victims,
included more recently in the expanded framework of human
rights (Sikkink and Kim 2013), and encompassing those rights
related to participation in order to access goods and services (pub-
lic lighting, running water, etc.).
4. The theory of networks states that a closed circuit is a sequence of
complete circulation, perfectly distinguishable within a network
(technically, a sequence where no point or line is repeated). See
Harary (1969). We have translated this idea to sequences of inter-
mediation in which it is possible to distinguish clearly certain actors
and relationships that recurrently appear in a similar way.
5. The frontiers of public policy have shifted. On the one hand, there
is a move towards political aspects of public policy (Stein and
Tommasi 2006), while, on the other hand, literature regarding
governance has gained momentum, such as networks of public
policy and inter-organizational bodies where civil and political
actors have greater influence (Rhodes 1997, 2000; Marsh and
Smith 2000; Kooiman 2000; Jordan et al. 2005). Regarding the
study of implementation, the classic studies by Pressman and
Wildavsky (1984) and Mazmanian and Sabatier (1981) are noted.
6. A paradigmatic example is the Brazilian health movement that
started in the 1960s and continues to this day, in which actors
became agents and, later, protagonists in health councils at all lev-
els of government. This permitted, among other things, the cre-
ation and consolidation of the single Health System, Sistema Único
de Saúde, leader in Latin America (Dowbor 2009).
7. For example, Laclau (1990) has been a prolific author, and some of
his concepts have been taken up by Arditi (2000). Aibar (2007)
and Aibar and Vázquez (2009) offer a clear overview of the main
24 G. ZAREMBERG ET AL.
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Wagner de Melo Romão, Adrián Gurza Lavalle,
and Gisela Zaremberg
Adrián Gurza Lavalle thanks the support by the Center for Metropolitan Studies
(CEM), grant nr. 2013/07616-7, São Paulo Research Foundation (FAPESP).
Introduction
In promoting participatory democratic innovations, Brazil is viewed as
a paradigmatic case with unmatched diversity, territorial capillary and
policy influence. In this chapter political intermediation by two of the
most consolidated experiences of participatory democracy in Brazil will
be described, those of the councils and conferences. We assume that the
varied nuances of these paradigmatic participatory institutions (PIs) per-
taining to the “word circuit,” described in the introduction of this book,
are analysed.
Using the three dimensions of the cube of political intermediation
(CPI), the chapter argues that a thorough characterization of PIs requires
the incorporation of policy community (PC) profiles amidst which these
institutions operate. This argument is significant because even within a
political context that is favourable to participatory democratic innova-
tions, policy areas or domains (Birkland 2005; Capella and Brasil 2015),
alongside their respective communities, present variations. This exercise
demands a close examination of not only the overlooked role of actors
in PIs (e.g., executive power, bureaucracy, professional associations and
unions), but also of the variation of actors found within civil society—
something that in the literature is often taken to be homogeneous or
studied in a generalized fashion through indicators on organizational vital-
ity or associationalism. In this regard, incorporating an analysis of policy
communities can considerably enrich the description of the councils and
conferences. Without a doubt, the general definitions and typologies of
PIs—councils, conferences, participatory budgets, hearings, consultations
and so on—provide analytic advantages, but as they tend to focus on a
stylized description of their basic institutional design, there is a risk of
masking the different interests, conflicts and challenges that exist between
the respective communities of actors embedded in the governance of each
particular policy domain.
With these objectives in mind, policy management councils and national
policy conferences on health and women’s rights will be examined as two
distinct policy areas. Though less well known internationally than par-
ticipatory budgets (Fung and Wright 2001), the councils and conferences
are more institutionalized and have a much broader territorial presence
in municipalities. Their high degree of institutionalization is particularly
relevant for the analytical purposes of this chapter, as it shows how the
POLITICAL INTERMEDIATION AND PUBLIC POLICY IN BRAZIL: COUNCILS... 33
three dimensions of the CPI provide a richer and more robust analysis
than those studies only focused on the basic institutional design of PIs.
Given our interest in understanding the political intermediation carried
out by the councils and conferences, while considering their variation as
a function of the PCs, purely institutional descriptions will be avoided
and more specific and sensitive typologies to policy areas will be intro-
duced. The evidence presented is based on results from previous studies,
ongoing research and a growing specialized bibliography. With regard to
conferences, the chapter draws on a comparative study of the most recent
versions of conferences (Romão 2015a). Regarding councils, a recent,
exhaustive national study is drawn on the study by Gurza Lavalle and
Barone (2015).
In order to weave together the two arguments―the PCs/PIs and
the CPI―the chapter has been organized into four sections. The first
presents the concept of PCs and its variants, articulating it with the dimen-
sions of the CPI. The second discusses the development of the councils
and conferences and their position within health and women’s rights poli-
cies. In the third, the selected councils and conferences are analysed in the
light of the three dimensions of the cube. Lastly, final considerations are
presented.
among themselves and are familiar with, to a greater or lesser extent, the
positions of the others even if they do not necessarily agree. It is a funda-
mentally empirical category, which Kingdon uses to compare PCs around
health and transportation policy. But, given the scant theoretical develop-
ment introduced by Kingdon, it is difficult to establish the conceptual
contours of this category and the differentiation between tightly knit and
fragmented PCs introduced by the author barely serves to clarify them.
Kingdon’s term is not the only one describing the set of actors mobi-
lized in a given policy area. Other terms have been offered, such as issue
networks (Heclo 1978) or policy networks (Rhodes 1988). In general, such
concepts reveal the presence of patterned relationships between socio-
political actors who seek to influence the formulation of public policies,
beyond rigid distinctions between State and society.
While relationships between actors in the PCs occur in varied circum-
stances—public and private—in the case of Brazilian councils and confer-
ences they are set up by legislation (though not exclusively). As such, we
assume that the PIs are bodies made up of, and connected by, a set of
relevant actors within the PCs of each policy area. Given their institutional
characteristics, the councils comprise a narrower set of representatives,
while the conferences include a more numerous set. Both PIs are formed
by representatives of groups interested in the policy in question.
To develop an analysis that articulates the PCs of councils and confer-
ences within the dimensions of the CPI, it is useful to look at the vari-
ous configurations that the latter may assume. For the purposes of this
chapter, and to simplify the use of the concept, three PC configurations
are considered1: (1) Homogeneous policy communities: these have shared
principles and values, with frequent interaction between actors suggest-
ing joint construction of the policy domain. Here negotiation takes
place at a low intensity or around secondary issues; in other words, the
essential elements of policy are not questioned or are marginally ques-
tioned. (2) Heterogeneous policy communities: for these the general prin-
ciples and values of the policy remain in dispute and interaction between
actors is intermittent. They tend towards exclusive power clusters, and
leave some groups outside the construction of the policy. No actual
negotiation takes places, as disputes are a game in which a group may
ultimately be excluded from the policy formulation or decision-making
process. (3) Policy proto-communities: this is similar to the concept of
social movements. Despite declaring shared principles and values, as in
the case of homogeneous policy communities, these are still far from
POLITICAL INTERMEDIATION AND PUBLIC POLICY IN BRAZIL: COUNCILS... 35
being agents who produce policy, due largely to the fact that the con-
struction of policy is still incipient. As a result, the community is more
a set of collective actors exerting pressure on policy design, in which, at
best, they can occupy positions of little discretion within the State. The
three configurations, of course, straddle the rigid division between State
and society.
The political intermediation exercised by the councils and conferences
acquires more nuanced and stable contours if it is examined along two
dimensions: (1) the institutional characteristics of the public policy in dis-
pute and (2) the characteristics of PCs and actors within the community
who participate, as part of the dispute, in the PIs (Romão 2015b). As seen
in the following sections, although the councils and conferences share
basic institutional features, they carry out distinct political intermediation
functions.
Councils
The policy councils are the most institutionalized PIs and have the most
territorial capillary in Brazil. In 1999, ten years after they began their
expansion, 71.9% of the municipalities had councils for the rights of chil-
dren and adolescents, a participatory policy considered to be strategic
and mandatory by the Constitution. In contrast, during the same year,
only 21.4% of the municipalities had environmental councils, a policy area
without equivalent constitutional status. A decade later, in these same sec-
tors, the percentage grew to 91.4% and 56.3%, respectively (IBGE 2001).
The most emblematic case has been the health councils, with presence in
98% of municipalities, although other councils follow similar universalis-
ing tendencies.2 Overall, it is estimated that over 30,000 municipal coun-
cils exist in the country. There are also a smaller number of state councils
and a national council in each policy area.
The expansion of the councils stems from the Constitution, which
calls for a commitment from the State to citizen participation and what is
referred to as “shared management” of public policies, making such par-
ticipation mandatory in certain policy areas. The constitutional require-
ments do not determine the institutional characteristics of participation
nor its form or format. However, the initial regulation of participation in
health policy and the implementation of the Unified Health System (SUS)
became a reference point for PCs in other social policies in the country.
As such, the figure of the councils was adopted as the institutional format
for organizing participation at the three federal levels and in policy areas
considered to be strategic: education, health, social welfare and the rights
of children and adolescents. The “council-driven model” later expanded
to a broad range of policy areas.
The basic institutional design of the councils is similar. The composi-
tion, although bipartite, seeks parity between civil society and government,
although the meaning of “civil society” may vary in different councils. In
some cases, such as health, the unions have their own councillors and
therefore non-governmental actors constitute a majority in the council.
The composition of civil society representation tends to be defined by
segments or groups—clients, service providers, disabled people, advocacy
POLITICAL INTERMEDIATION AND PUBLIC POLICY IN BRAZIL: COUNCILS... 37
ideas and protecting their interests. This means that, on the one hand, the
councils are not mobilizing bodies and are not governed by “lay people,”
but rather by members of interested civil organizations (activists, practi-
tioners, professionals, workers, clients) who seek to influence the composi-
tion of the council. On the other hand, actors from PCs mobilized around
specific policy matters tend to look to the councils as a way of increasing,
introducing and disseminating their demands among civil society groups
active in that policy domain.
Moreover, in these councils, both homogeneous and heterogeneous
PCs are likely to be found, depending on the specific policy area or period
of time being examined. Without a doubt, differences exist among and
between policy areas and PCs. However, those spheres with more insti-
tutional capacity tend to have more homogeneous, although not neces-
sarily inclusive, PCs that tend to agree on a basic set of political principles
and, by extension, do not resemble those heterogeneous PCs that lack an
underlying set of agreements.3
The last type incorporates a large set of councils in policy areas that
are transversal and poorly structured, or where municipalities have wider
discretionary policy powers. However, councils themselves have restricted
powers; their expansion does not stem from federal incentives, but rather
from local politics. Such is the case for councils on human rights, sports,
youth, women’s rights, racial equality, transportation and security, among
others. Councils are frequently created under the auspices of mayors and/
or members of congress, targeting specific constituencies to show that
they care about certain policy issues. The presence of these councils at
the municipal level is low; they are not stipulated by federal laws and are
found in approximately 10% of municipalities. Their creation, survival and
capacity to act depend largely on local political circumstances, which nor-
mally include disarticulated local actors. Unlike the previous two types of
councils, when links exist with other state- or national-level actors, these
do not belong to a PC. In general, PCs belong to advocacy communities,
with varying levels of influence on a given policy area, at best resembling
proto-PCs.
Conferences
Conferences have less territorial capillary than councils; however, as
will be shown, they are much more inclusive of diverse actors in their
respective PCs. Although they have existed for decades as mechanisms
POLITICAL INTERMEDIATION AND PUBLIC POLICY IN BRAZIL: COUNCILS... 39
institutionalization; they are not policy systems and do not receive regular
resource transfers. Often, access to funding depends on personal initia-
tives and clientelism. These policy areas tend to register little develop-
ment within municipalities and also at the state level, which results in a
lack of internal or sectoral accountability. The corresponding PCs may
be best understood as proto-communities. They are little developed and
relatively fragmented, presenting varied policy proposals—from small net-
works of civil society organizations and activist groups that, committed
to the defence of certain principles for the emerging policy, act within
government bureaucracies or civil society. As such, these conferences
constitute spaces of national articulation for the groups, where ideas may
be presented for public consumption. They thereby become a space for
mobilization activities to strengthen their cause before government and
public opinion. Their territorial capillary in municipalities is low and they
are relatively weak at the state level, tending to be only present where civil
society organizations or pioneering groups for the policy matter exist.
the routinization of the CNDM. CNDM councillors are not free from
constraints but their role as councillors seems to have lost its original
intentions as the council’s bureaucratization has weakened ties of con-
trol (see Gutterres, Vianna, and Aguiao 2014). In the best of cases, it is
possible to locate these PIs at a point of moderate constraint. This situ-
ation differs from that of the conferences, which are more movement-
influenced, and therefore more constrained. It also reflects a restrictive
circle of activists, with well-defined positions within the larger context of
the feminist movement (a configuration close to a proto-PC) represented
in the conferences given their national leadership. In other words, given
the extremely limited universe of actors, delegates’ behaviours are subject
to strict vigilance and questioning.
a
Given the available evidence on councils in the health sector, the degree could pass to medium or low in
certain sub-national governments
48 W. DE MELO ROMÃO ET AL.
Conclusions
This chapter showed how the paradigmatic advances in PIs in Brazil
are accompanied by certain differences among them. When the analytic
framework based on PCs is intertwined with the framework of interme-
diation specified in the CPI, different types of achievement and challenges
are identified, depending on the type of policy and the PC into which the
councils and conferences are embedded.
This characterization presents a diagnosis that differs from the major-
ity of experiences of institutional participation in Latin America. This is
because, on the one hand, democratic innovations in other countries are
much less related to specific policy sectors and thus do not mobilize spe-
cific PCs. On the other hand, the level of institutionalization of the PIs
distinguishes Brazil from other countries (at least until 2016).
Highly institutionalized councils and conferences with consolidated
PCs (i.e., health) show high levels of recognition, constraint and agonism.
These dimensions (with the exception of the dimension of recognition)
tend to be weaker in the case of the councils and conferences where, as in
the area of women’s rights, neither the policy nor its respective communi-
ties are consolidated, as characterized by the idea of proto-PCs.
The recognition dimension is high in the two policy fields, but for dif-
ferent reasons. In health, the shared trajectory of actors in the struggle to
define SUS and participatory decision-making processes in councils and
conferences shaped the understanding of public health across the group-
ings within the PCs (managers, workers, doctors, rank-and-file movements
etc.). As a result, a participatory tradition is added into a legacy of shared
principles and specific discussion forums, in which a high recognition of
the intermediation carried out by the representatives in PIs takes place. In
women’s policy, high recognition happens because of proto-PCs’ limited
scope, where civil society organizations are strongly interconnected even
though their capacity to influence policy decisions is limited. Recently,
these players have conquered the councils and conferences as spaces for
public discussion.
Similar characteristics in health and women’s rights sectors and their
respective PCs are also seen in the constraint capacity upon representatives
in health councils and conferences and in conferences of women’s rights.
Control mechanisms operate in both policy areas, through the organiza-
tional density and differentiation of the health sector and the proximity of
POLITICAL INTERMEDIATION AND PUBLIC POLICY IN BRAZIL: COUNCILS... 49
Notes
1. The first and second categories are based, respectively, on the three
ideal types of policy community and issue network (Rhodes 2008).
See also Capella and Brasil (2015).
50 W. DE MELO ROMÃO ET AL.
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CHAPTER 3
Graham Martin
Introduction
This chapter seeks to discuss the experience of consejos comunales (CCs)
and comuna in Venezuela using the cube of political intermediation (CPI)
explained in the introduction of this book. Their model seeks to decen-
tre political intermediation from political representation. It is argued that
while political representation does encompass political intermediation,
not all intermediation involves representation. Since 2006, Venezuela’s
national government has sought to redefine representation by construct-
ing the communal state and introducing mechanisms of participation in
parallel to the federal state and government structures. Drawing on empir-
ical research (observation and interviews) of CCs and comuna in La Silsa,
Caracas, undertaken in 2013, the case enabled the cube’s three axes (rec-
ognition, constraints and substantive content) alongside “circuits of repre-
sentation” to be tested further. Two circuits in particular—“project” and
G. Martin (*)
Cardiff University, Cardiff, UK
Background
Since the implementation of the 1999 Constitution, Venezuelan democ-
racy is stated to be not only “elective” (i.e. representative) but “partici-
patory and protagonistic”. The last 15 years have seen a number of laws
enacted which seek to reshape the country’s society, culture, politics and
institutions to conform to the constitution. Chávez’s second-term pro-
gramme, Líneas Generales del Plan de Desarrollo Económico y Social de La
Nación 2007–2013 (MINCI 2008), outlined the government’s intention
to enhance citizen’s participation via a process termed “democratic revo-
lutionary protagonism” (ibid., 29–41). This is seen as one of seven strat-
egies in delivering Venezuela’s transition towards “twenty-first-century
socialism” (ibid., 5–7). Two mechanisms which have been established to
achieve these goals were CCs and comunas.
CCs are community councils formed at the sub-neighbourhood level
by residents within a certain geographical area. These councils were
first introduced by law in 2006 Ley Orgánica de los Consejos Comunales
(LOCC) and then reformed into an organic law in 2009 LOCC. The
LOCC clearly sets out the intended remit of CCs: direct citizen par-
ticipation in the management of community matters and projects which
respond to the needs and aspirations of the community “towards building
a socially just and equitable society”. CCs can be understood as an attempt
at achieving direct, local community involvement rather than trying to
form a council where politicians share planning activities with community
members. The LOCC states that CCs are autonomous in their formu-
lation, geographical remit and resource allocation. A CC’s geographical
remit is dependent on whether it is within an urban or rural locale: CCs
located in urban areas will comprise 150–400 families, and those in rural
areas will have more than 20 families. Any citizen over the age of 15 within
the CC’s defined area can form the “Citizens’ Assembly” on a volunteer
ESTABLISHING INTERMEDIARIES IN DEVELOPING MECHANISMS OF CITIZEN... 55
Government Public Public administration: National project Municipal Technical; Between municipal n/a
officers administration oversee and coordinate (Barrio Nuevo Barrio executive; project government and
selection process; delivery of objectives of Tricolor)/Municipality directors; comuna and
assigned National and municipal municipal CCs—principally ST
internally to plan and barrio councillors and comuna citizen’s
oversee/deliver improvement assembly
La Silsa project programme objectives
ST technical Stage 1 Delivery of national/ Comuna; First year Directors of Technical; Between municipal Fundacaracas
staff (project municipal government entirely with La Silsa Fundacaracas; project government/ initiative in
initiation and plan and projects comuna comuna Fundacaracas 2012; later
first year To support CCs in the (subsequently Citizen’s directors and supported by
2012–2013): development of plans assigned to share Assembly comuna and CCs national
Fundacaracas and projects. time and resources government
officers To support the with other projects
formation and official and STs)
registration of the
comuna; to undertake
technical activities (site
visits, drawing up
plans, choosing and
making budget for
building materials)
Stage 2: As above Entirely ST stage 1 Technical; Between CCs and As above
employed La Silsa–based staff; comuna project municipal
directly to ST Citizen’s government (less
as complexity Assembly direct contact with
and workload municipal
developed government than
stage 1 staff)
(continued )
Table 3.1 (continued)
Actor/ Selection Role/function Geographical level Accountability Circuit of Extent of Origin
intermediary of remit/ (ordered by representation intermediation
Institutional locus importance)
ST CC Citizen’s Assist technical staff by La Silsa Comuna Comuna Project Between all CCs As above
community Assembly organising site visits in Citizen’s and ST technical
staff (nomination) CC areas; Assembly and staff as comuna
and elected via administration tasks; ST technical employees;
later Comuna undertaking site visits staff respective CCs
Assembly and data collection; when liaising, and
coordinating acting on behalf,
registration of CCs and with their own CCs
comuna
Comuna Nominated by Represent comuna La Silsa Comuna Comuna Project; Respective CCs and 2010 comuna
sub- CC Citizen’s interests and Citizen’s people comuna law
committee Assembly and constituents in a Assembly and
personnel) later elected at specific sub-committee ST technical
Comuna level role (e.g. environment staff
or housing)
CC Elections held Represent CC CC CC Citizen’s People Respective CCs 2006; 2009
spokespeople at CC level, constituents in a Assembly CC laws
every 2 years specific sub-committee
role (e.g. CC
coordination or theme
such as health or
transport)
ESTABLISHING INTERMEDIARIES IN DEVELOPING MECHANISMS OF CITIZEN... 59
and occupying half of the land area, Libertador is the largest municipal-
ity in the metropolitan area of Caracas in terms of both population and
territory (INE 2013). Libertador is predominantly politically aligned to
Chavismo, especially in the barrios, a very small minority of areas in the
municipality providing a majority of residents who vote for opposition
parties (CNE 2013).
The municipal government’s planning department, in conjunction
with Fundacaracas1 and the Gobierno del Distrito Capital,2 created “Plan
Socialista Caracas”. The plan aimed to consolidate efforts of a number
of initiatives and programmes created in Libertador into a coordinated
“political” plan (Fundacaracas 2013a,b). The plan had four key themes of
action: Integral Barrio Transformation (IBT); small public works groups
(cayapas socialistas), which, for example, can undertake repairs or imple-
ment water pipes, stairs or walkways; barrio rehabilitation; and “new
socialist communities” that focus on the development of social housing
(ibid.).
La Silsa was chosen to be a beneficiary of these programmes. As a result,
Fundacaracas established a technical team, Sala Técnica (ST), of architects
and engineers and accompanying coordinators who would lead commu-
nity development initiatives and implement the municipality’s projects.
The national government quickly supported the project and injected addi-
tional funds, elevating the barrio’s improvement project as part of the
government’s national programme for improving barrios3 (Arteaga 2013;
Cantillo 2013; Lugo 2013).
CCs in the area were building a new comuna. The municipal and
national government funding was linked to the political project. Both
constructing the political entities and delivering the physical infrastruc-
ture were key. Consequently, as discussed later, spokespeople from both
CCs and government (intermediaries) were integral to the project. During
fieldwork, there were 12 CCs4 (with a further 7 proposed) in the neigh-
bourhood seeking to register formally with Fundacomunal in order for the
comuna to become consolidated and fully registered.
La Silsa was chosen as a case study as it provided a relatively unique
opportunity to see a pioneer project which reflected the aspirations and
drive of national government policy during 2013. The national and
municipal government were striving to meet the objectives set out in
the second National Plan (MINCI 2013). The case was also pertinent
because the creation of STs and targeted municipal government pro-
grammes were an exception. Most other comunas were not supported
60 G. MARTIN
in the same way either financially or via technical staff. As such, arrange-
ments provided a unique opportunity to establish how state–civil society
relations operated, and how intermediaries operated and were under-
stood in such a unique context. It should be noted that the fieldwork
formed part of interpretive/ethnographic-based doctoral research and
the cases chosen were not seeking to be representative (Martin 2015;
Schwartz-Shea and Yanow 2012).
Identifying Intermediaries
Compared with Zaremberg’s (2012) study of the relationship between
CCs and other institutions in Zulia, the case study demonstrates a more
complex example because it also includes the comuna level. However,
this provides—as will become evident—the ability for additional nuances
to be elicited regarding the axes of the CPI and the “peoples” circuit
of representation. In this chapter, I will discuss four types of interme-
diaries. These include municipal government officers who have been
tasked with coordinating the ST for the area, and the officers/technical
experts of this committee; community representatives of the ST in the
form of CC spokespeople; and other CC spokespeople who do not form
part of the ST. These are considered intermediaries due to the role they
play in mediating between the ordinary citizen and the government,
whether municipal or national. There is some overlap between roles:
namely some of the ST technical staff are paid municipal employees,
and also form part of the local bureaucracy; CC spokespeople represent
citizens within their sub-neighbourhood level but can also represent
the community more widely at the neighbourhood level as community
liaison officers within the ST. Consequently, there is a need to unpack
what they do, and how they undertake their roles. Within the theoretical
framework, there is a need to establish the type of representation that
is manifest, whether acting for or standing for certain groups of people
(e.g. sub-neighbourhood community) or organisations (such as govern-
ment departments) (Pitkin 1967; Gurza and Zaremberg 2014). Table
3.1 outlines the four types of intermediaries, the way they are selected
for their roles, the content of their roles and their geographical remit
and/or institutional locus. The table is supplemented by Fig. 3.1, which
seeks to demonstrate how these intermediaries relate and intersect, par-
ticularly with the different mechanisms of participation and institutional
loci they are involved with.
ESTABLISHING INTERMEDIARIES IN DEVELOPING MECHANISMS OF CITIZEN... 61
INSTITUTIONAL LOCUS
elected
Comuna CC spokespeople
spokespeople
elected elected
KEY
Comprised from
particularly in the post-2006 era with the introduction of CCs and the
“communal state” and its corresponding legislation in 2009/2010. The
post-2006 era meant that government-sponsored programmes should all
be undertaken in the “spirit of socialism”. It is of note that all of those
taking part, being observed and interviewed were supporters of Chavismo
and actively sought to pursue the goals of establishing the communal state
and moving towards “twenty-first-century socialism”. The programmes
being implemented in La Silsa were constituent parts of this wider goal:
CCs were the base unit of the communal state; the emerging comuna was
the neighbourhood-level entity of this new structure. Interviewees argued
that the ST (as a whole comprising both technical and community staff)
was a facilitator for getting a large-scale renewal project implemented and
for increasing capacity within the local community so that these commu-
nal state structures would become autonomous and self-managing, as the
goal of the plans/legislation intended.
Although the observed participants supported Chavismo, enquiry was
made whether opposition members existed and how they took part in
these new structures and mechanisms. Participants described that opposi-
tion supporters existed within the local community, but they rarely par-
ticipated in CCs or the comuna. Interviewees (Chavistas) described that
opposition members were “saboteurs” and they “needed to know where
resources were coming from” that is Chavismo. There was a distinct “us”
and “them” demarcation. Consequently, one could describe the political
possibilities and acceptance from within the neighbourhood as antago-
nistic. Furthermore, because national-level antagonism had percolated
throughout the neighbourhood level there was very little opposition
support within the CCs and the comuna. ST members and coordinators
were Chavista supporters (many of whom wore T-shirts confirming their
political affiliation). The same could be said of CC spokespeople. While
interviewees confirmed that opposition members did take part within their
respective CCs, they were not voted spokespersons.
It should be noted that there were different levels of affiliation towards
Chavismo (and militancy in the ruling party), the Partido Socialista Unido
de Venezuela (PSUV), and, in particular, how “revolutionary” the projects
and political content of the comuna and its processes should be. While
this might not be described as antagonism per se, it is pertinent that even
within Chavismo there were certain individuals who believed that deeper,
more radical measures and forms of organisation and action should be
undertaken. Nonetheless, most participants observed and interviewed
ESTABLISHING INTERMEDIARIES IN DEVELOPING MECHANISMS OF CITIZEN... 67
during fieldwork were content with the way the projects and the comuna
were being developed.
What can be made of such a dynamic? For interviewees, Chavismo was
seen and understood as the only way for these programmes to happen
within an area that had a long history of marginalisation. Interviewees
described that giving way to the opposition would create a reversal of the
gains being experienced and the opposition would want to revert to old
practices and all would be lost. Furthermore, the opposition was under-
stood to be acting in the elite’s interests, not in those of a barrio like La
Silsa. Consequently, the programme sought to increase the level of partici-
pation of the community but set in motion a high disregard for the middle
and upper classes (not existent within the case study area), thereby propa-
gating antagonism further. Some interviewees described that they wished
for the defeat of capitalism and the opposition. In such a case, we can see
a dynamic where the axis of antagonism–pluralist agonism was consider-
ably weak. While not all participants in the area were antagonistic, some
were at least accepting of the opposition while not supporting them. No
evidence existed in La Silsa that pluralist agonism was feasible, considered
advantageous or even possible, at the time of research.
The highly polarised and divisive nature of Venezuelan politics and soci-
ety means that Chavismo’s participatory mechanisms have not been imple-
mented with approval across all sectors of society. In many cases, they have
been resisted by middle and upper classes due to a perceived infringement
on pre-existing state–civil society relationship and organisations (García
Guadilla 2005, 2008a,b). After the fieldwork, national politics remained a
highly polarised affair. Political protests in February 2014 escalated to an
extent where 43 people died (Faria 2015). Cross-party talks in the after-
math revealed continuation of the government’s/opposition’s intractable
positions (Ore and Cawthorne 2014). These positions are likely to persist
and ensure that such views at the neighbourhood level are maintained for
the foreseeable future. These national-level events and wider politics are
reflected at the neighbourhood level and become evident in day-to-day
activities and citizen’s opinions.
In summary, the degree of antagonism, as depicted in the introduc-
tion, could be considered to be “IIIa” given that there continues to be
a permanent questioning of opposite political views and perspectives and
a drive to reduce considerably (potentially eliminate in the case of some
radical individuals) the possibility of the existence of opposition political
stances, where possible.
68 G. MARTIN
Discussion
Zaremberg’s (2012) study highlighted that CCs in Zulia served as inter-
mediaries between the community and the state. Compared with other
Latin American examples in Brazil, Nicaragua and Mexico, CCs demon-
strated an extremely small and direct link between the community and
the president/national executive. Councils in Bahia, Brazil, demonstrated
a much more diffuse network among different actors. However, despite
the very direct links to Venezuela’s national executive, CCs were found to
exercise high levels of activism, empowerment and references to popular
education. The spaces created by CCs were seen to be vehicles for popu-
lar empowerment. However, as Zaremberg clearly pointed out, the direct
links to the national executive may have appeared to provide indications of
co-optation, by means of monopolising intermediation (see Zaremberg’s
section on “betweenness”). Each case needed to be taken to draw out
the nuances between the top-down and the bottom-up dynamics that can
exist or coexist within or among different CCs and the national executive.
The case study in this chapter provides a new perspective on not only
the “peoples” circuit of representation but also the way in which the axes
of the cube can be applied to actors and their corresponding relationships
within the institutional mechanisms being studied. Where Zaremberg’s
(2012) study focused on CCs as mediating community interests to a wide
variety of central government departments and agencies in Venezuela, the
present case shows that spokespeople and government officers can be dif-
ferentiated, and that this enables new dynamics to be explored regarding
the “cube of political intermediation” and the “circuits of representation”.
There is a bottom-up dynamic of non-pluralistic representation of and
for local residents by CC spokespeople within the CC and the comuna.
This bottom-up representation occurred with CC spokespeople who
were chosen or elected to serve the interests of all the CCs within the
neighbourhood/comuna by working as community liaison and coordina-
tors. Consequently, these CC spokespeople served two functions: they
represented the residents and community within their own CC, and while
working for and within the comuna they also represented other CCs. This
provided forms of representation akin to parliamentarians who serve both
the national interest and their local constituents’ interests.
Interviewees described that they were encouraged and motivated to
participate in Chávez’s political project and create the infrastructure
required to further embed “popular power” institutions and to consolidate
ESTABLISHING INTERMEDIARIES IN DEVELOPING MECHANISMS OF CITIZEN... 69
Conclusions
The chapter focused on how different actors involved in CCs and the
emerging comuna described and understood their roles as intermediaries.
The chapter identified how those actors, whether community participants
or government officers, could be differentiated and attributed to differ-
ent “circuits of representation”. The chapter described how two circuits
in particular—“project” and “people”—interfaced and intersected. The
key contribution identified in the chapter is that the comuna has enabled
the bottom-up/top-down interface between people and project circuits
of representation. This has elicited epistemological insights beyond the
traditional analyses and applications of “representation”. The case studied
also provides indication that, within the CCs and their respective comuna,
levels of authorisation are relatively high (“Ia”), accountability is generally
weak (“IIb”) and agonism is extremely low (“IIIa”). The case highlights
the national-level extreme antagonism, and political polarisation present
in contemporary Venezuela is correspondingly reflected at the neighbour-
hood level. However, the chapter identifies that the axes of the CPI may
prove useful as a barometer of positive change in political relations in the
country, particularly if future political dynamics show a move towards a
more agonistic relationship than the present antagonism.
Notes
1. Fundacaracas is the municipality of Libertador’s decentralised
agency for housing and habitat.
2. Federal district covering the same geographical area as the munici-
pality of Libertador.
3. The programme is called Barrio Nuevo Barrio Tricolor.
4. To put La Silsa in context, the municipality of Libertador, due to its
large territorial size and population, had around 1500 CCs
(MPComunas 2013).
5. We have seen a change in municipal government, the councillors.
We have seen a change in central government towards communities.
The “comandante” taught us that it is not the government that
gives proposals, but the communities that have to give them. That
ESTABLISHING INTERMEDIARIES IN DEVELOPING MECHANISMS OF CITIZEN... 73
is, not to start top-down but bottom-up. That is, the top can’t be
the same as the bottom. Ah! But the bottom can be the top, ok?
6. [We have] an efficient popular power articulation towards the insti-
tutions, where we have shown change. It has been at a high level,
now community projects are reached, in which projects are being
discussed among different sectors, in which the community partici-
pates, in which the law says: the power of citizen assemblies and the
different decisions that are taken in the consejos comunales.
Bibliography
Acosta Rico, M.E. 2012. Metódica de la planificación comunal. Un enfoque
socialista para el desarrollo comunitario. Caracas: Fondo Editorial Ipasme.
Alcaldía de Libertador. 2009. Plan Caracas Socialista. Caracas: Fundacaracas.
Arteaga, J. 2013. Plan Barrio Nuevo, Barrio Tricolor llegó a la comunidad de La
Silsa. CiudadCCS, June 20. Last accessed June 30, 2013. http://
www.CiudadCCS.info/?p=438256
Brewer Carías, A.R. 2010. Dismantling Democracy in Venezuela. The Chávez
Authoritarian Experiment. Cambridge: Cambridge University Press.
Cantillo, L. 2013. Alcaldía and GDC impulsarán la transformación integral del
Barrio La Silsa. CiudadCCS, June 11. Last accessed June 30, 2013. http://
www.CiudadCCS.info/?p=434109
Carroll, R. 2013. Comandante: The Life and Legacy of Hugo Chávez. Edinburgh:
Canongate Books.
Ciccariello-Maher, G. 2013. We Created Chávez: A People’s History of the
Venezuelan Revolution. Durham, NC: Duke University Press.
CNE. 2013. Resultados elecciones. Last accessed July 4, 2014. http://www.cne.
gob.ve/web/estadisticas/index_resultados_elecciones.php
Constitución de la República Bolivariana de Venezuela. 1999. Gaceta Oficial,
December 30, No. 36.860.
Faria, J. 2015. Venezuelan Teen Dies after Being Shot at Anti-Maduro Protest.
Reuters. Last accessed May 13, 2015. http://www.reuters.com/article/2015/
02/25/us-venezuela-protests-idUSKBN0LS29K20150225
Fundacaracas. 2013a. Plan Caracas Socialista. Last accessed June 29, 2013. http://
www.fundacaracas.gob.ve/?module=pages&op=displaypage&page_id=
26&format=html
———. 2013b. Transformación Integral de Barrios. Last accessed June 29, 2013.
http://www.fundacaracas.gob.ve/?module=pages&op=displaypage&
page_id=1&format=html
García Guadilla, M.P. 2005. The Democratization of Democracy and Social
Organizations of the Opposition: Theoretical Certainties, Myths, and Praxis.
Latin American Perspectives 32(2): 109–123.
74 G. MARTIN
Posani, P. 2012. Plan de Transformación Integral del Barrio La Silsa. Last accessed
July 29, 2013. http://desarrollourbano.caf.com/media/423092/con-
curso2012_mencion_3922.pdf
Schwartz-Shea, P., and D. Yanow. 2012. Interpretive Research Design—Concepts
and Processes. London: Routledge.
Zaremberg, G. 2012. Fuerza, proyecto, palabra y pueblo: circuitos de represent-
ación en consejos de desarrollo municipal en América Latina (Nicaragua,
Venezuela, México y Brasil). In Redes y jerarquías: participación, representación
y gobernanza local en América Latina, ed. G. Zaremberg, vol. 1. Mexico:
FLACSO.
CHAPTER 4
Martín Freigedo Peláez
Introduction
Uruguay is a heavily centralized country with little room for the emer-
gence of local autonomies: “[W]e live in a centralized society, local systems
of actors are weak and mind-sets are constrained by a reality that denies
local particularities” (Arocena 2008, 17; author’s translation). However,
in 2010, with the rise to power for the first time in history of a left-wing
national government—the Frente Amplio (FA)—a new local institu-
tion was created, promoted by the central government and embodied in
municipalities. This gave rise to the emergence of new expressions of polit-
ical intermediation in the form of spaces of participatory democratic inno-
vations as outlined by Gurza Lavalle and Isunza (2010, 17–82). However,
options and, based on these, evaluate which actions are most likely to help
them maximize power, votes, influence or political survival. They thus
seek how best to maintain power and be re-elected, and, as such, it is to be
expected that incumbents will use municipal resources and assets to sup-
port their re-election (Downs 1957).
However, these actors are not isolated within the local political con-
text, but rather have to confront other interests. Specifically, in the case
of Uruguayan municipalities, three actors are highlighted: the mayor,
political opposition within the City Council and civil society organizations
(CSOs). Political opposition will seek the means by which to win the next
elections, and spaces of participation may be the channel through which
their supporters (citizens or CSOs) are able to influence policy decisions
and, furthermore, seek to erode or seize government positions for other
actors in the electoral arena (Navarro 2000).
Meanwhile, social actors, represented by CSOs, will use their resources
to advocate for their objectives. However, their influence is dependent
on the resources of each organization: financial, organizational resources
and so on (Wampler 2008a; Spada 2014; Boiocchi et al. 2011). Without
sufficient resources, they will not have the necessary means to pressure
authorities and thereby advocate decision making to reach their objectives.
Electoral competition between parties shapes, organizes and estab-
lishes processes within the local political arena; it defines legitimate access
to political power in local government. As such, authorities that control
municipal governments and manage the resources of power have control
over opportunities for participation and may decide whether to create new
channels of political intermediation.
Based on these incentives, these channels should be seen as intentional
creations that authorities choose to enforce. Thus, political actors will
not create just any institutions, but rather those that favour their interests
(Schneider and Goldfrank 2007). This argument is based on the premise
that processes of participation and channels of intermediation should be
analysed as political products, and not as neutral instruments claimed by
civil society (Gurza Lavalle et al. 2005).
Constructing institutions that involve new actors in decision making,
while at the same time seeking to win elections, creates a dilemma over
which actors and what decision-making power should be granted in order
to achieve both objectives. As such, an equilibrium needs to be found
between ceding some spaces of power and not putting at risk the possibil-
ity of staying in government.
POLITICAL RIGHTS AND INTERMEDIATION: MUNICIPAL DECENTRALIZATION... 83
One of the primary objectives after the creation of the municipal govern-
ment is the broadening of voices and incorporation of new actors into
local political life. So, to what degree has the establishment of alternative
channels of intermediation been furthered in comparison with classic elec-
toral circuits at the local level? The municipal map reveals a heterogeneous
situation: the LD&PC allows differences to exist, as it depends on the
political willingness of local authorities whether to further, or not, the
creation of intermediation spaces.5
The vast majority of municipalities has implemented mechanisms of
information and exchange,6 where authorities are held accountable solely
by an annual public audience,7 but citizens do not have the capacity to
sanction authorities. As such, these spaces do not afford citizens the ability
to directly decide on any government action.
Institutionalized spaces with no possibility of direct policy influence
have little attraction for CSOs as these in no way increase their capacity
for advocacy. In those Uruguayan municipalities where the only mecha-
nism of interaction is public audiences, CSOs have sought other means,
generally based on direct and informal contacts where advocacy capacity
depends on individual organizations’ resources. This has generated a par-
ticipatory bias (Navarro 2000).
From the authorities’ perspective, the new spaces of public audiences
are seen as a formality mandated by law. As such, public audiences do
not address issues relevant to municipal management (Freigedo 2015).
Beyond these largely consultative mechanisms, other forms of democratic
innovation have been implemented where citizens have a greater degree of
policy influence, particularly participatory budgets8 and councils related to
programmes promoted by the central government to strengthen munici-
pal management in the making of citizen relations. Spaces of interaction
differ, in terms of both citizens’ capacity for policy influence and incen-
tives for political actors to create them. Focus will now be placed on two
case studies: the municipalities of Chuy and Libertad.
In Chuy, committees have been created where participants and repre-
senting authorities work together. Various bodies have been established
dealing with different issues: culture, sport, theatre and carnival, and two
neighbourhood committees also exist. Participation in these spaces is
84 M. FREIGEDO PELÁEZ
While he has always been from the PN, more importantly, he is a person
from the community. Everybody loves him. And it’s no coincidence, it’s
his way of being. Obviously we are always able to argue and not agree on
86 M. FREIGEDO PELÁEZ
things, but I feel that he listens to me and doesn’t see me as a rival, but
rather as a work colleague. That’s what helps us to function well. (Interview
with council member of the FA in Libertad)
The mayor who was finally elected, however, does not belong to the
traditional cadres of the FA, but rather joined in 2004. Her electoral
strength, far from the common pattern of FA candidates, was based on her
strong personality, more than on the traditional FA vote. Furthermore, her
electoral base is identified as mostly low-income voters. Her recognition as
a local leader is the result of community work and the use of a communica-
tion style that connects her with “the people” and to the grassroots culture
of the “neighbourhood”. These are far from traditional forms of creating
cadres within the FA, where traditionally candidates have to form part of
the party’s base committees before climbing up the party ladder (Vera
2014; Yaffe 2005). In this case, how did a party outsider achieve victory?
The fractionalized internal nature of the grassroots committees resulted in
the current mayor receiving the most votes. Institutionalised actors of the
FA were not able to establish a winning coalition capable of countering the
number of non-partisan votes obtained by the elected mayor.
At the same time, CSOs also play an important role in this dispute.
On the one hand, the non-governmental organization (NGO) Eco Chuy,
which has positioned itself as a social reference in the region, is directly
linked to the classical structures of the FA. Its founders identify them-
selves as party militants and two of them were elected councillors. This
positions them differently within the local political system. On the other
hand, the elected mayor has a direct relationship with the neighbour-
hood’s “popular” committees in which she acquired her political capital.
The political conflict was thereby transferred to the social level, via CSOs,
which defended their own interests in such committees. This conflictual
relationship between the mayor and City Council has been present during
most of the current government term, with both FA and PN council-
lors.11 The councillors criticize the mayor’s limited negotiation capacity
and her “populist” personalism when acting on government decisions,
often excluding the rest of the elected representatives.
In Chuy, internal conflict within the municipal government, particularly
between members of the FA, was an important factor in the establishment
of the participatory committees. They worked as a form of controlling
the management and power of the mayor. Furthermore, the management
style of the mayor, based on her strong personalism, was used to bypass
the counterweight of the municipal council; the latter prompted FA coun-
cillors to build civil–political alliances as control mechanisms. Hence, the
possibility of involving CSOs in decision making limited the discretion in
the mayoral management.
88 M. FREIGEDO PELÁEZ
It is difficult to get inside. But that is historical, it was always the complaint
of Pepe D’Elia.13 In the rural areas, where no legislation exists that allows
rural workers to affiliate, it was impossible and people lost interest in partici-
pating. (Interview with union representative)
Chuy +++ −− −− ++ +
Libertad +++ −− + −− −−−
Conclusions
This chapter has shown that the political environment and the interac-
tion of local authorities (mayor and councillors) with other actors explain
the incentives to include, or not, new voices in local government deci-
sion making. Conflict is associated with the capacity of CSOs to intervene
in local matters, based on civil–political alliances. In this sense, it has been
shown how, in the same country, in two municipalities with similar socio-
economic and political contexts (institutional stability and clear rules of
the game), the degree of conflict (agonism–antagonism) varies according
to the type of leadership and the relationship that has been established
between political parties and CSOs.
Based on the substantive dimension of the CPI, the chapter’s analysis
underlined that conflict does not always have negative consequences that
must be eradicated. On the contrary, it has been shown here that politi-
cal disputes within the FA led to the creation of democratic innovation
90 M. FREIGEDO PELÁEZ
spaces. In the case of Chuy, it cannot be argued that the authority (the
mayor) “ceded power”, but rather that certain bits of it were “taken”
from her by internal opposition actors from the same party (FA). In this
way, spaces of democratic innovation, namely participatory committees,
allied with the mayor’s rivals, gave rise to greater control over her manage-
ment. The case shows that incentives for broadening spaces of innovative
indirect intermediation occur when a certain degree of conflict exists that
prompts and widens the spectrum of political intermediation channels.
This chapter has also shown how the absence of conflict and the predomi-
nance of a harmonic and undisputed leadership, centred on the mayor,
as in the case of Libertad, de-incentivized the substantive broadening of
options for political intermediation.
In general, with reference to the Uruguayan case and its circuits of
representation at a local level, evidences presented in this chapter suggest
that decentralizing reforms do not appear to have given way to the prolif-
eration of relevant actors outside of party structures and classic representa-
tion circuits with strong veto power. The institutional locks placed on the
rise of actors outside of classic representation structures are strong,15 and
at the moment of designing the new level of government, the stability of
the party system was prioritized and understood as the engine for demo-
cratic life of the country.
While the shift towards decentralization has been a valuable opportunity
to deepen aspects of Uruguayan democratic life, this has only energized a
democratic structure that is highly conditioned to the action of political
parties. Despite the opportunity that resulted in institutionalized forms of
citizen and CSO engagement, with opportunities to influence local policy,
municipalities have not all responded equally (Freigedo 2015). The legal
framework offered municipal authorities the possibility of behaving in dif-
ferent ways, and this has left strategic actors with incentives to play a key
and discretionary role in creating participatory institutions.
It is not yet possible to predict whether the recent decentralization
policy and the creation of municipalities can really generate groundbreak-
ing change in local political life that could, in the future, broaden repre-
sentation circuits to include other voices. However, in certain cases, and
under certain conditions, the municipalities have generated incentives for
local political actors to open up “the playing field” so that other actors can
influence local government decisions.
POLITICAL RIGHTS AND INTERMEDIATION: MUNICIPAL DECENTRALIZATION... 91
Notes
1. The municipalities are similar in terms of socio-economic condi-
tions. Chuy is an eastern municipality on the border with Brazil.
Libertad is a southern municipality near Montevideo. Both were
selected from a conglomerate of municipalities that have an aver-
age of 9648 inhabitants (a medium population size in the context
of Uruguay) (Freigedo 2015).
2. The term institutionalized spaces of participation is defined as par-
ticipatory innovations formally implemented by following some
kind of local regulation or law (Avritzer 2009).
3. A hierarchical analysis carried out by the author that looked at
these variables allowed the identification of the similarities between
the two municipalities when compared within the universe of
Uruguayan local governments. Regarding research techniques,
two surveys and in-depth interviews were carried out with local
stakeholders. One of the surveys was applied to the mayors of 49
municipalities in order to gain a deeper understanding of the
mechanism of democratic innovation instruments and perceptions
of these. The unit of analysis for the second survey was civil society
organizations in the selected municipalities.
4. For example, regarding human rights, laws have been passed such
as the legalization of marihuana and approval of same-sex mar-
riages. The sexual and reproductive health law depenalized
abortion.
5. The case of Uruguayan municipalities is unique in that they do not
fit either of the two possible situations presented in the literature
to differentiate frameworks in which mechanisms of participation
arise. On the one hand are the cases where the obligation to create
interaction spaces is stipulated in national laws or regulations, and
in which the margin of manoeuvre for institutional differences is
practically non-existent. On the other hand are cases where their
creation is discretionary and no regulations exist for the implemen-
tation of democratic innovation mechanisms. Uruguayan munici-
palities are in a different situation: legal provisions exist for the
generalized implementation of institutional innovations for partici-
pation, but without binding laws.
6. In the survey with mayors, 87% of municipalities undertook this
type of activity (Freigedo 2015, 80).
92 M. FREIGEDO PELÁEZ
Bibliography
Arocena, J. 2008. Los desafíos de la descentralización y la participación ciudadana
en el Uruguay. Cuadernos para el Desarrollo Local. Programa ART Uruguay.
Montevideo.
POLITICAL RIGHTS AND INTERMEDIATION: MUNICIPAL DECENTRALIZATION... 93
Moira Zuazo
Introduction
In the global arena, the first decade of the twenty-first century was charac-
terised by discontent around representative democracy. During this time,
a process of social implosion and state collapse occurred in Bolivia that
led to the adoption of a new Constitution. The dialogue that preceded
the adoption of the new fundamental Charter was both deeply rooted in
Bolivian past and charged with present dissatisfaction. As such, Bolivia
engaged with global challenges, presenting questions and offering solu-
tions for the crisis of democracy “from the bottom”.
On the path to the Constituent Assembly in Bolivia (2006–2009), a
system of “Social Control” was developed and put forward for consti-
tutional approval. This was expected to close the gap between the State,
perceived as distant and distrustful, and “real society”. It was thought to
be the panacea from which to achieve control by society over the State.
Social Control was considered the fourth State power, with the capacity to
oversee all State bodies.1
M. Zuazo (*)
Institute for Latin American Studies, Freie Universitaet, Berlin, Berlin, Germany
San Andres Major University, La Paz, Bolivia
from the 1990s were modified. The most important of these reforms was
the abolition of the CVs. Nevertheless, participation in the debate and def-
inition of public resource allocation in municipalities remained ingrained
in the local political tradition as a right.
Twenty years on from this institutional reform, an intimate articulation
between representative democracy rooted in the liberal tradition (vote cir-
cuit) and congregational direct democracy rooted in the Amerindian tradi-
tion can be observed. This is enhanced by the communities of face-to-face
contact, the result of which is a rooted participatory tradition in municipal
government decision-making and the consolidation of the municipality as
an inclusive channel into the broader Bolivian political system. Currently,
it is common to find demand for greater participation through local public
arrangements which are open to dialogue. At a national level, through the
Constituent Assembly, this demand reached its climax back in 2009 with
the proposition of Social Control as the fourth State power.
There is not total satisfaction, given that we wanted them to agree to the
customs and traditions of indigenous peoples for the election of candidates.
But they insisted on universal suffrage: we wanted, based on our customs
and traditions, to accredit our candidates via our organic structure that we
have in the CIDOB, which would be responsible, but the opposition was so
cruel, so hard, they did not accept that and they took everyone to universal
suffrage. (Garcés 2010, 90; author’s translation)
104 M. ZUAZO
but this time under government control. Second, it was a strategy that
provided substance to the idea of “government as social movement” by
establishing actions for social organisations within the government.
In the beginning, CONALCAM was comprised of organisations that
formed part of the PU, with the addition of a few urban organisations.
Subsequently, CONALCAM broadened to include many more social
urban organisations. In support of government measures, and in some
cases in opposition to other social actors, CONALCAM exerted pressure
from the streets, which paved the way to the transition from the sphere
of agonism of the PU to the sphere of antagonism, although not towards
the State, but towards groups that opposed the government-led project.
During the course of 2008, two factors contributed to the intensifi-
cation of political polarisation and conflict: civil–regional opposition in
Santa Cruz de la Sierra and street mobilisations. Regional opposition
radically resisted the process of change emanating from the Constituent
Assembly and gambled on blocking it. This opposition contributed to
the violent events of La Calancha.14 The approval of the constitutional
text in Chuquisaca, but without the presence of the opposition after La
Calancha events, and the foreseeable result of the recall referendum—
aiming to revoke the presidential, vice-presidential and prefecture man-
dates15—prompted the regional opposition to launch a violent takeover of
government institutions in the departments of the so-called Media Luna
(Santa Cruz, Beni, Pando and Tarija). This, however, marked the political
suicide of the civil–regional opposition.
Resistance continued through mobilisations by social organisations
sieging Congress (preventing the opposition’s entrance to parliament16),
the march to Santa Cruz as well as the siege threat to this city. During
the march to Santa Cruz, between September and October 2008, Evo
Morales, as president and party leader, chaired some crucial meetings in
CONALCAM. The presidential control of social organisations grouped
under CONALCAM, provided substance to the phrase constantly repeated
by President Morales to “rule by obeying”. However, the result of these
discussions has been interpreted as an imposition of presidential decisions
(Mayorga 2009).
The climax of CONALCAM was also the beginning of its end, as for
an extended period of time after the march to Santa Cruz, no other sig-
nificant public intervention in the national process was carried out. The
experience of CONALCAM was, on the one hand, an experiment to enact
Social Control by leading social actors. On the other hand, it showed that
union organisations, belonging to the force circuit, could abandon their
106 M. ZUAZO
autonomy from the executive power. The latter became an important ele-
ment in understanding both the later separation of peasant unions and
indigenous leadership, and the deactivation of Social Control through its
subservience to the executive power.
Articulation Word circuit rooted Force circuit + vote Executive control over the
between on Amerindian circuit (executive force circuit undermining
circuits congregational figure) the articulation with the
democracy + force Opposition groups word circuit
circuit to Constituent Government repression
Project presented in Assembly deactivates the word circuit
the space of the vote Protection of Social Social Control inactive at a
circuit (Constituent Control but national level, but
Assembly) weakened autonomy maintained at a local level
of social unions
Actors PU: indigenous, Social unions/ Lowland indigenous,
peasants, colonisers organisations, highland peasants and
national executive, colonisers, national
opposition (actors executive
from the Santa Cruz
region)
Rules Customs and Rules that regulate Rules that regulate
traditions + rules of street protests (at demonstrations, violated by
electoral times, these governmental repression
representation overflow into
articulated through violent
Social Control confrontations)
Repertoires Discussion, debate, Demonstrations, Demonstration, protest
of action legal projects, voting protest, siege coupled with governmental
in the sphere of the repression
Constituent
Assembly
Conclusions
Social Control, inscribed in the political 2009 Constitution and observed
from a historical perspective, shows the difficulties of articulating direct
congregational democracy of indigenous communities of face-face contact
and representative democracy. In using the model offered by the CPI, the
chapter analysed how in the attempt to institutionalise Social Control a
110 M. ZUAZO
Notes
1. In Bolivia, as in the rest of Latin America, “social control” rather
than “social accountability” means strong modes of social over-
sight. The latter (translated as rendición de cuentas) is often under-
stood as a weak, mainly informative and unidirectional process.
2. All peasant and indigenous sectors participated in this pact. For
more information visit: www.constituyentesoberana.org
3. This term is borrowed from Anderson’s (1991, 6) definition of
primordial villages of face-to-face contact, which is anchored in the
fact that each person physically knows all members of their com-
munity and the details of their lives, even if they “do not know the
names of each and every person”. This is possible given the small
number of inhabitants in the community (i.e. few thousands). In
contrast, imagined communities are found where citizens of a
nation will never “know, meet or hear about most of their fellow-
members, yet in the minds of each lives the image of their com-
munion”. In this type of community, the number of inhabitants is
large (i.e. millions).
4. “Collective aspiration” is a concept coined by Zavaleta (1983). As
a result of the dictatorship of the 1970s, an intellectual reform
occurred amongst the popular sectors of Bolivia which resulted in
the idea of representative democracy, which until then had been a
distant or unknown idea amongst the masses, becoming a popular
collective desire, a “collective aspiration”.
5. “Incomplete” democracy is understood as a situation in which the
legitimacy of the rule of law and the legitimacy of rules or parts of
these are not homogeneous for the entire population. On the con-
trary, for the majority of the sectors of the population, State laws
are experienced as impositions that lack legitimacy. Hence, their
breach is not seen as a transgression of legitimate order.
6. Organizaciones Territoriales de Base.
7. Comités de Vigilancia.
112 M. ZUAZO
8. The highlands refer to the western region that borders Bolivia with
Peru, Chile and Argentina, while the lowlands refer to the eastern
region of tropical plains that border with Brazil, Paraguay and
Argentina.
9. When the indigenous or peasant community designates or
chooses authorities, what follows is not a delegation of power,
but rather a mandate that is established in which the authority is
obliged to permanently consult. The Community Assembly is
comprised of the entire community (all married couples are mem-
bers). It is the body that has the final say in important decisions,
such as highway blockages, to protest against the State. In other
words, indigenous congregational democracy is fundamentally
direct democracy.
10. The search for the restoration of an equilibrium is one of the most
important objectives of the indigenous communities. Hence, the
indigenous “law” is restorative, not punitive (this contribution
from my colleague, Ramiro Molina Barrios). The mechanism for
the processing of conflict in the Assembly is consensual decision-
making, which, in extreme cases, can resolve to expel community
members and their families from the community.
11. CIDOB: Confederation of the Indigenous Peoples of Bolivia rep-
resented the Bolivian indigenous population from the high- and
lowlands.
12. The “colonisers” are indigenous peasants who have settled on land
outside of their original territory in a process of rural migration.
The route follows from the highlands (where Aymaras and Quechas
live) to the lowlands where the rest of the 34 minority indigenous
populations live.
13. Unique Union Confederation of Peasant Workers of Bolivia
(CSUTCB is its acronym in Spanish).
14. La Calancha refers to the heavy confrontations between police and
military forces and the Sucre social movement, which resulted in
the death of three civilians in the area around the military college
where the Assembly had held its session.
15. In the recall referendum for the presidential, vice-presidential and
prefecture mandate of 10 August 2008, the MAS obtained 64%
support.
16. The most important siege of Congress occurred on 28 February
2008 to prevent opposition entrance to parliament and press for
BOLIVIA: “SOCIAL CONTROL” AS THE FOURTH STATE POWER 1994–2015 113
the approval of three decisive laws, amongst which was the law call-
ing for a referendum to approve the Constitution (La Razón 2007).
17. Their official name after 2008 is Confederation of Intercultural
Communities of Bolivia.
18. Article 241, section II establishes the following: “Organised civil
society will exercise social control over public management at all
levels of the State and over public, mixed and private companies
and institutions that administer fiscal resources”. Section VI main-
tains that “State entities will generate spaces for participation and
social control”.
19. Testimony of Celso Padilla in Conversatorio FES 2016.
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CHAPTER 6
Valeria Guarneros-Meza
V. Guarneros-Meza (*)
De Montfort University, Leicester, UK
of the book. This circuit assumes that bureaucrats perform political inter-
mediation roles, which often democratic debates tend to overlook.
First, the chapter advocates the importance of the bureaucracy as a
political intermediary, especially when emphasis is put on the local scale.
In highlighting the role of street-level bureaucrats, interlinkages to the
cube of political intermediation (CPI) developed in the introduction are
identified. The following sections discuss the ways in which the CPI could
be applied to the citizen security programmes developed in a municipality
of the state of Veracruz, Mexico. This discussion provides initial reflection
on how bureaucracy fits into the intermediation analysis within contexts
where institutions of electoral representation are continuously shadow-
ing the role and functions of local bureaucrats and their relationship with
citizens.
the decisions made by the mayor or top management team about the por-
tion of the budget subjected to participation, but also on three other fac-
tors: the capacity of the municipal administration to receive participatory
inputs; the level of discretion of elected officials and bureaucrats over the
decisions made by the process; and the extent to which participants were
able to shape the rules of participation.
Obviously, the relevance of the bureaucrat–citizen relationship can be
found in other participatory spaces different to PB structures, such as
municipal planning or neighbourhood-based committees, in which co-
production of public services is increasingly found (see Chap. 3). However,
I argue that this relationship is also found in other traditional spaces still
dominated by legacies of clientelism, hierarchy and sectorial bureaucracy
(as opposed to transversal or joined-up), which have impacted on the
practices of the new participatory discourse.
Street-Level Bureaucracy
Bureaucracy is not a monolithic agency, and studies (Walker and Enticot
2004) underline the differences that exist within its hierarchy: senior or
corporate managers, middle managers (technical staff) and front-line offi-
cers. Generally, senior managers establish the system of rules and strategies
to operationalize a specific project, whereas middle managers coordinate
the day-to-day implementation and front-line officers are in charge of the
daily “donkey work”, which in many cases involve direct contact with
citizen-users when the service provided is at the front line or street level.
This chapter focuses on the work carried out by the front-line bureau-
cracy at the municipal level. Because this territorial and bureaucratic level
is the most proximate to the citizen, opportunities to identify linkages
between participation and electoral local representation are easier to grasp
through the intermediary role of street-level officers. This focus is rel-
evant to study the development of citizen security programmes, which are
highly related to the reimagining of neighbourhoods and service provision
(more below).
The work of Lipsky (1980) on street-level bureaucrats is useful to
emphasize the importance of front-line officers in their contribution to
policy-making through their daily working practices and behaviour. His
work recognizes that front-line officers have discretionary power to pro-
mote, bend or ignore a procedural rule for their own interest, for example
by making their work easier or more rewarding or by gaining some advan-
CITIZEN SECURITY IN MEXICO: EXAMINING MUNICIPAL BUREAUCRACY... 119
repairing street lamps that were not part of the daily route marked by his
line manager. There were occasions where residents would negotiate the
repair of certain lamps with him. He would agree to do so as long as the
repair was near the lamps scheduled for the day and did not require addi-
tional parts to be changed (e.g. fuse, ballast). Lamp parts were controlled
by an inventory which prevented officers at his level to use them in a dis-
criminatory way. If he decided not to help residents in this unplanned way,
he would advise them to go to the mayor or sign a petition. This officer
was a member of the public-service union, which had strong ties with a
local councillor, síndico, a priísta supporter.
During the time of fieldwork, some residents mentioned that the
municipal administration developed a bad reputation for not replacing
street lights in time. According to interviewees, the problems were gener-
ated because of the high levels of disagreement on planning costs to be
incurred each financial year between the Director of Finance and Sub-
director of Street Lighting. The existing financial tensions responded to
the tight budget that the municipal government had to accept over its
term in office. These delays indirectly affected the quality of the citizen
security programme, which was supposed to offer street lighting at nights
to make people feel safe.
Trade and standards: The street-level officer was a trade inspector
whose main job was to carry out street patrols and check that street ven-
dors did not stay in one spot or corner for more than 10 minutes. This
rule was an informal arrangement established between the Sub-direction
of Commerce and street vendors, who were known as ambulantes. The
officer’s level of discretion was centred on decisions to let vendors stay in
one place for more than 10 minutes or for just the amount of time estab-
lished by the rule. The power that he had upon vendors was the right to
confiscate their goods until the working day was finished and repression
if quarrels with vendors escalated to violence. Treatment towards vendors
was differentiated if they formed part of the street vendor association,
which protected their goods from being confiscated in exchange of a fee.
Historically, the street vendor union held clientelistic relationships with
the local PRI.
The experience of this officer pointed out the disjointed work between
the Sub-direction of Commerce and Direction of Public Safety, which
prevented trade officers and municipal police from working in a coordi-
nated way to maintain social order during violent encounters with street
vendors. Lack of coordination was also perceived between Commerce
126 V. GUARNEROS-MEZA
and the DUyOP, which contributed to the lengthy processes for open-
ing new business in the municipality. Officers in Commerce believed that
these delays accentuated the mushrooming of informal (black market)
businesses, which were more vulnerable to establishing relationships with
criminal organizations. This lack of coordination undermines the founda-
tion of an effective citizen security programme, which in theory requires
collaboration between government departments when a problem, such
as violence and insecurity, transcends compartmentalized organizational
structures.
Youth services: The officer played a double role as a middle-rank and
street-level officer because of lack of staff. One of his main responsibilities
at the front-line was to prepare talks for primary and secondary schools in
the municipality to raise awareness about bullying as well as to promote
different academic grants provided by his unit via donations made by local
businesses or state subsidies. He also patrolled the streets handing out
pamphlets. The level of discretion was found in the schools and neigh-
bourhoods he visited and the criteria to decide which kid was provided
with a grant. Of all schools in the municipality, he managed to visit all but
one where the head of the school had a strong affiliation to the PRI. The
youth officer, coming from a PAN background, was therefore not invited
to deliver talks to students in that school. This officer carried out several
citizen workshops in coordination with Family Services and CMAS. These
events aimed to raise awareness about violence and the extent to which
school and domestic violence were interlinked with poor street mainte-
nance and waste management. Although the coordination of these events
responded to policies derived from the state government level, the initia-
tive to come together and coordinate efforts resulted from the discretion
of this front-line bureaucrat. This contributed positively to the citizen
security programme.
Urban works: The street-level officer was in charge of designing public
works, mainly roads, by following specific regulations set by state and fed-
eral agencies. The design works included pavements, drainage/sewerage
and street posts (which hold street lamps). Street lighting officers men-
tioned that they wished more coordination between the DUyOP and their
area existed to ensure that light posts were placed in convenient spots.
This comment confirmed the lack of coordination existing in the design
of the urban space, important in the implementation of citizen security.
The urban works officer had to supervise that private contractors built
the works as planned in his design. Although citizen committees had to
CITIZEN SECURITY IN MEXICO: EXAMINING MUNICIPAL BUREAUCRACY... 127
Party politics did not seem to be directly impacting the working prac-
tices of police officers in Public Safety; however, it did play a role in dis-
empowering the municipal police force. For example, comments by top
senior officers questioned the extent to which party politics and the rivalry
between the state government (PRI) and municipal government (PAN)
prolonged the indecision of the former to intervene in matters of security
provision requested by the mayor.
Table 6.1 Front-line officers’ level of discretion and party politics constraints
1. Street light officer: his commitment to his job was constrained by the negotiations
reached amongst his union, the síndico and the mayor and the rest of the elected
local council.
2. Trade officer: the reach and scope of the effectiveness of his work was constrained
to the level of agreement reached between unionized street vendors and the
political party in office.
3. Youth services officer: the scope and reach of his project was constrained by the
political party that different heads of schools supported.
4. Urban works officer: level of resident participation in the design of public works
depended on how close and sympathetic residents were to members of the local
council.
5. Public safety officer: constrained by the limited resources provided by state-level
government—which was led by the PRI and the isolation faced by the
administration of Las Truchas (PAN).
CITIZEN SECURITY IN MEXICO: EXAMINING MUNICIPAL BUREAUCRACY... 131
ible conflicts to achieve or satisfy material needs that helped citizens have
a better quality of life, albeit for a short time. To an extent, bureaucrats
were buffering citizen dissatisfaction, which would have been escalated if
they were not playing an intermediary role. Not always did bureaucrats’
decisions achieve a positive outcome, especially when procedures were too
lengthy or ineffective: for example, citizens circumventing the front-line
bureaucrat and instead dealing with matters directly with senior officers/
politicians or establishing informal rules of social order (e.g. bucket-park-
ing case). In both examples, the legitimacy of the bureaucrat was ques-
tioned, generating, as a result, a sub-type of conflict—an internal conflict
that the bureaucrats experienced within themselves (e.g. the police offi-
cer’s low self-esteem). Front-line officers had to juggle with multiple rela-
tionships: negotiate with citizens, report to their line managers and follow
partisan patronage to carry out their jobs. All these were important to
build their legitimacy and credibility during the delivery of services.
Conclusions
Through the practices and relationships built by front-line bureaucrats,
two factors have been identified that undermined the programme of citi-
zen security. Both relate to the degrees to which officers’ actions con-
tributed or halted the implementation of the programme in their daily
negotiations. First, the lack of coordination between directorates, includ-
ing coordination between Public Safety and the other areas mentioned,
was one of the main organizational barriers that undermined the imple-
mentation of citizen security. The lack of trust between staff accentuated
the tensions existing between directorates and their unwillingness to col-
laborate. Second, the lack of financial, material and human resources also
undermined the reach and timeliness of the programme. Overall, this
lack of coordination and resources showed a weak municipal capacity in
providing services, which consequently affected the effectiveness of the
implementation of citizen security. If citizen security was to be perceived
as a means to reduce violence in the municipality, officers implied that
it needed resources, the capacity to coordinate those resources and the
implementation of activities in a timely way to make it effective. Bearing
in mind the broader context of security and violence in the country, it can
be said that citizen security was portrayed as a programme that was domi-
nated by an attrition strategy—use of military tactics and an enhanced
penalization system—instead of promoting its preventive side as originally
132 V. GUARNEROS-MEZA
Notes
1. The Initiative is a partnership between Mexico and the United States
to fight organized crime and its associated violence.
2. Las Truchas is an invented name used to maintain confidentiality
and anonymity of informants.
3. Through, for example, its security development plan; the provision
of intelligent information to federal agencies; allocation of security
subsidies to the different municipalities; substitution and training of
security forces; and agreement to join a national unique police force.
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Conflicts of Representation
and Redistribution in the Mexican
Labour World
Graciela Bensusán and Marta Subiñas
Introduction
Representation in the labour world has particular characteristics that dif-
ferentiate it from political representation. One of these is the regulated
sphere in which it occurs. In general, the monopolistic and coercive
power of unions is recognized and is intended to reduce the asymmetries
between labour and capital as well as between diverse categories of workers
(Freeman and Medoff 1984). However, in the context of globalization,
when social inequality has increased, the weakness of unions is an evident
tendency. This tendency, expressed in the decline of union density and the
exclusion of the most vulnerable workers from the decreasing benefits of
collective bargaining, has created a vacuum of representation accompanied
by a decline in conditions for the emergence of new actors who seek to ful-
fil this representative function, especially regarding unprotected groups.
G. Bensusán (*)
Autonomus Metropolitan University-Campus Xochimilco
Latin America Faculty of Social Sciences, Mexico City, Mexico
M. Subiñas
Latin America Faculty of Social Sciences, Mexico City, Mexico
labour and capital and between union leaders and rank-and-file workers
can be overcome within a weak institutional environment (Levitsky and
Murillo 2013). The chapter first presents a brief outline of the debate
and a theoretical-methodological review of the terms used with particular
emphasis on actors and types of conflict. The Mexican context is then pre-
sented with an analysis of the effects of labour legislation and the broader
institutional environment upon the two types of conflict. Finally, the over-
all argument will be illustrated with three examples (minimum wage set
by the National Minimum Wage Commission, the agricultural labourer
movement of San Quintin and labour relations in Volkswagen Mexico
[VWM]).1
The first two examples illustrate the presence of an extended represen-
tative blockage of general worker interests and of the most vulnerable—
those who earn the least—respectively. In particular, the second example
shows the construction of a relatively innovative negotiation scenario,
alongside its limitations, developed in order to overcome representative
blockage, similar to what some have referred to as a “new stakeholder
order” (Heckscher 2008). The third example, that of workers in VWM,
shows an exceptional, but by no means unique case of the unblocking
tactic, characterizing independent unions.2 Its importance lies in how a
traditional actor can exercise effective representation in a highly competi-
tive economic context—the automobile industry—even though this is
limited to its members. This example could extend and become the gen-
eral trend in the country if certain rules and institutions are modified and
activated, and informal practices that currently tend to block representa-
tion are overcome. This suggestion is not merely a theoretical proposi-
tion; an initiative of a constitutional reform presented by President Peña
Nieto to the Senate, and approved unanimously in October 2016, points
in this direction. Should it be approved by Congress (lower house), it
would completely disrupt the corporatist pillars in the labour sphere
(Alcalde 2016).3
and developed countries, which until now have been unable to establish
effective systems of collective representation to defend workers’ interests
(Wulandari 2011; Webster 2015; Cowie 2016).
We argue that both strategies are useful: broadening the sphere of
representation by eliminating restrictions to union formation and creat-
ing new forms of organization to revitalize collective action in the labour
world. In either case, the behaviour of the union and their leaders, the
way in which they confront the challenges of globalization, members’
expectations and the response of employers and government to collective
action are strongly moulded by the institutional environment in which
they operate, in particular the national laws that define the “power of
association” of workers. Understanding workers’ associationalism requires
context-specific discussions of representation. Before embarking on this
discussion, the concepts used to frame the phenomenon of representation
in the labour world are presented.
Conflicts and Arbitrators
Two types of conflicts exist in the labour sphere: conflict in the repre-
sentation of workers and the capital–labour conflict (of a redistributive
nature). In practice and with regard to the conflict in representation (con-
flict 1), there are a limited number of unions legitimized by rank workers.
CONFLICTS OF REPRESENTATION AND REDISTRIBUTION IN THE MEXICAN... 143
Ideally, its position should be equidistant from the two opposing par-
ties, or, at least, not influenced by either party. This means that labour
relations have an arbitrator that intermediates and that, by law (Federal
Labour Law; LFT is its acronym in Spanish), plays a double role: political
when arbitrating a redistributive conflict and “technical-administrative”
when recognizing unions and their leaders. Nevertheless, this latter role
also becomes political inasmuch as the State prevents the formation of
independent unions and leaders. In summary, the analytical model dis-
cussed in this section provides a framework for a wider understanding of
intermediation in the labour sphere beyond traditional functional repre-
sentation. Various expressions of political intermediation may arise, but
are not recognized and hold different degrees of recognition, constraint
and agonism.
CONFLICTS OF REPRESENTATION AND REDISTRIBUTION IN THE MEXICAN... 149
agonism in the representation conflict (conflict 1), all without the disap-
pearance of employer-biased unions. Recognition of new stakeholders was
first achieved, followed by an agonist response to the redistributive conflict
(stage 2). This experience also shows how the emergence of a new actor,
the Alliance, was able to obtain the support from broader sociopolitical
and transnational coalitions, which establish an agenda for the protection
of human rights beyond the workplace. This was made possible by strate-
gies of coordinated action that were far more challenging for employers:
closures of highways used fundamentally for the export of goods to the
USA, standstill of labour during the harvesting period and consumer boy-
cott against multinationals, such as Wal-Mart (Jaloma 2016). Finally, this
example shows the building of new negotiation spaces, whose main pro-
tagonist was a community organization, with both the direct and indirect
presence (through solidarity) of other stakeholders at various moments.
Without ignoring the mobilization resource, the labour conditions of
the agricultural labourers were made visible, beyond the Valle de San
Quintin, by counting on the support or participation of external political
actors, such as the then Mayor of the Federal District, representatives of
the National Human Rights Commission, various public officials, legisla-
tors, labour lawyers, political party leaders and human rights organizations
(Jaloma 2016, 124).
The interesting aspect of this experience is the transition from demands
for basic services (more agonist conflicts) to an intense mobilization
around work conditions (redistributive conflict). Another interesting
political process was the emergence of two unions (represented as “SE”
in Fig. 7.4, stage 3), which, despite formal recognition by the authorities,
will not be formally empowered to negotiate until they are able to gain the
collective labour contract (currently in the hands of corporatist unions).
Although the capital–labour conflict was expressed and improvements in
favour of workers were achieved through the exceptional and heroic acts
of agricultural labourers to unblock representation, this equilibrium was
destabilized over time. Their strength as a social movement allowed, in a
first stage, to achieve public debate in relation to conflict 1. However, it is
only union corporatist confederations that hold collective bargaining, and
are therefore legally capable of mediating conflict 2. This partial achieve-
ment also resulted from the employers’ decision to concede better work-
ing conditions on a unilateral scale in order to weaken the labourer social
movement and discourage other groups from imitating similar unblocking
CONFLICTS OF REPRESENTATION AND REDISTRIBUTION IN THE MEXICAN... 153
tactics in the force circuit (Jaloma 2016). This experience illustrates how
in the face of double antagonism in both types of conflicts the only way
out was the use of other non-institutionalized mechanisms of pressure,
such as roadblocks on highways and boycotts, as well as the inclusion of a
plurality of actors that made this conflict more visible.
Finally, this example indicates an inconclusive resolution of conflict 2
(allegedly a fourth stage) regarding the dispute on the formalization of
work contracts between (i) organized unions allied to employers and (ii)
the new independent unions created by peasant workers. If the former
win, the double antagonism shown in Fig. 7.3 will prevail. In contrast,
if the latter win, a double agonism would be possible as discussed in the
next example.
Conclusions
The study of blocking/unblocking representation in the force cir-
cuit (labour sphere) allowed us to identify various situations in which
worker interests are intermediated and defended in the Mexican con-
text. Through the third dimension of the CPI, we developed a more
in-depth analysis of conflict which underlines signs of innovation despite
that unions as collective actors continue to be the only actors with
formal legitimacy to undertake (restricted) functional representation
on behalf of unionized workers. Innovation is evident in the example
of the labourers of San Quintin, who, although able to overcome the
double antagonism imposed by the conflict in representation (type 1)
and redistribution (type 2), had to shift their organization from a social
movement to the formation of a community organization and, subse-
quently, into two independent unions. This example illustrates how the
institutional order strongly conditions actors’ strategies in the labour
sphere. The other two experiences, the CNSM and SITIAVWM, show
two extremes based on our dual classification of conflict: in the former,
a double institutionalized antagonism prevails given the vertical control
of old corporatist unionism and, in the latter, a double agonism exists
in an atypical experience of democratic unionism and effective collec-
tive bargaining. Despite the positive traits of SITIAVWM, the example
also confirms the limitations of union organizations, which, in a more
traditional sense, encounter challenges in expanding representation to
include the interests of workers who are not affiliated members.
Notes
1. Due to space restrictions, these are not presented as case studies
but rather as examples that illustrate three different situations pres-
ent in the Mexican labour scenario.
2. Although the VWM union represents a little under 10,000 work-
ers, it forms part of a broader organization, the National Workers
Union, whose members exercise authentic representation and has
over 300,000 unionized workers.
3. This institutional reform transfers labour law to the Judiciary, elim-
inating Conciliation and Arbitration Boards, the basis of corporat-
ist tripartism in Mexico. Instead, independent organisms to register
unions and collective agreements would be created. The latter will
156 G. BENSUSÁN AND M. SUBIÑAS
Bibliography
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jueces laborales. La Jornada, May 14.¿Dónde quedó la reforma a la justicia
laboral? La Jornada, April 16.
Bensusán, G. 2015. Los mecanismos de fijación de los salarios mínimos en México
en una perspectiva comparativa: el marco institucional y los interlocutores soci-
ales. In Del salario mínimo al salario digno, ed. Miguel Ángel Mancera. Mexico:
Consejo Económico y Social de la Ciudad de México.
CONFLICTS OF REPRESENTATION AND REDISTRIBUTION IN THE MEXICAN... 157
K. Ansolabehere (*)
Latin America Faculty of Social Sciences (FLACSO), Guatemala, Mexico
P.V. de Bethencourt
Autonomous University of Guerrero, Guerrero, Mexico
circuit that adopts the attributes of both the word and project circuits (see
introduction), giving rise to a circuit that has here been coined the politi-
cal–legal circuit.
The need for proposing this new circuit is based on three consider-
ations. First, some cases of human rights defence involve mobilising not
only political claims, but also actions that relate to legal representation,2
requiring specific, expert (legal) knowledge. Second, in the defence of
victims of human rights violations (i.e. supporting families of disappeared
people), political intermediation practices are carried out by NGOs that
are not always unconnected to the groups in whose name the claim is
being made. In accordance with the CPI dimensions, defensive actions of
human rights organisations can be located at coordinates that do not nec-
essarily coincide with those that characterise the advocacy3 model. That is,
there are specific ways of consulting those being defended and authoris-
ing the role of the defender. Third, these political mediation practices
are not exclusively guided by principles and values, as would normally be
the case with human rights politics (advocacy model). Instead, actions of
human rights defence imply the political processing of demands that aim
to achieve tangible results which represent interests.
This chapter builds upon the study of human rights politics, based on
the defence of rights and legal representation, by using the frame of politi-
cal intermediation in order to capture more accurately the type of repre-
sentation circuit activated in the relationship among NGOs, victims of
human rights violations and state agencies. This analysis entails a shift in
focus from movements and networks to NGOs as intermediators between
victims of human rights violations and state agencies.
Thus, the chapter seeks to provide a more textured understanding
of human rights politics in light of political representation literature,
and thereby enable a more complex analysis of NGOs’ intermediation
practices and their experiences of human rights defence. It is assumed
that the role of human rights NGOs is one modality of organising poli-
tics within a broader spectrum available in contemporary societies (Sorj
and Martuccelli 2008). It is a modality in which specific processes of
defence, in addition to promoting moral politics (denouncing the “bad”
and promoting the “good”), develop result-driven politics, where con-
flicting interests are processed (or annulled). It is a politics in which legal
representation and political representation intersect or hybridise. The
resulting specific representation circuit is close to what has been referred
to as the word, although it also incorporates the technical component (in
THE POLITICAL–LEGAL REPRESENTATION CIRCUIT OF HUMAN RIGHTS... 161
this case, judicial-legal) of the project circuit. Finally, within this analy-
sis, mediators gain special attention, in particular, those human rights
organisations or specific leaders who act as “transmission belts” between
victims of human rights violations (individuals or groups) and different
state agencies, international bodies or the general public. Legitimacy for
mediation is acquired from a moral, rather than functional recognition,
that nevertheless is jointly constructed by organisations, groups of vic-
tims and state agencies.
In order to apply the framework discussed here, the chapter will
study the construction of the political–legal intermediation circuit by
the human rights organisation Citizens in Support of Human Rights
(CADHAC is its acronym in Spanish) in Nuevo León, Mexico. The
intermediation was done between the Group of Organized Women
for the Executed, Kidnapped and Disappeared People of Nuevo León
(AMORES is its acronym in Spanish), a group comprising families of
disappeared people, and the Attorney General of Nuevo León State. The
objective of the intermediation was to establish the whereabouts of the
disappeared people, and subsequently develop preventative policies for
early searches as well as legislative changes to determine the legal status
of disappeared people.
First, a review of the literature on the politics of human rights defence
will be presented, while complementing the latter with reflections on
political intermediation. Second, categories of analysis will be developed
with which to study the relationship among AMORES, CADHAC and
the Attorney General of Nuevo León. Finally, the case study will be dis-
cussed and final considerations presented.
legal
representaon
polical polical
mediaon mediaon
legal legal
representaon representaon
polical
mediaon
CADHAC
Consensus exists among human rights scholars in Mexico that the first
wave of human rights organisations emerged towards the end of the 1980s
and the beginning of the 1990s, and that many of them were linked to
liberation theology groups (Estévez 2007). CADHAC is no exception.
It began in 1993 out of grassroots ecclesiastic community work. It is a
doyenne of human rights at the local level, and has taken a protagonist
role in the state of Nuevo León. It is noted for both its national and inter-
national connections. It forms part of the All Rights for All network, the
Movement for Peace with Justice and Dignity, and has close connections
with international organisations such as Amnesty International, the Office
of the United Nations High Commissioner for Human Rights in Mexico
(OACNUDH is its acronym in Spanish) and the United Nations Working
Group on Enforced or Involuntary Disappearances, among others.
The organisation, directed by its founder, Sister Consuelo Morales
Elizondo, offers both legal and psychosocial assistance to victims of human
THE POLITICAL–LEGAL REPRESENTATION CIRCUIT OF HUMAN RIGHTS... 171
AMORES
In the face of rising numbers of cases, CADHAC opened its facilities for
weekly meetings in order for families to get to know each other and orga-
nise themselves. AMORES was founded from work with families of disap-
peared people that approached CADHAC for legal assistance. Currently,
this group remains closely linked to CADHAC, and undertakes tasks of
awareness-building, meetings with people who have experienced similar
situations and provides psychological assistance to children and families.7
It is worth highlighting that during this time, beyond its connection
with CADHAC, the group has acquired its own identity and developed its
own symbols. It has gained experience of communication with the State
Attorney General and other political bodies.
AMORES, in addition to looking for their family members and dis-
covering their fate, is involved in the development of broader policies for
both the prevention and investigation of disappeared people, in order to
recognise the status of victims of human rights violations as well as the
legal status of disappeared people through the Declaration of Missing
People.
172 K. ANSOLABEHERE AND P.V. DE BETHENCOURT
and the State Attorney General. In this initial meeting, the following
requests were made: (a) the immediate location of disappeared people;
and (b) the technical revision of files. That is, the appeal was connected
to legal representation. However, the linkage was made possible by vir-
tue of MPJD’s political brokerage and CADHAC’s connection with this
movement. Without this intermediation, the progress made by the legal
representation would not have been possible.
The fourth stage occurred when meetings among the groups of fami-
lies, CADHAC and the Attorney General became regular events. From
June 2011, meetings were held every two months in order to check prog-
ress on case files. Progress in the form of legal representation led to politi-
cal strategies that opened legal opportunities. As a result, a procedure
for the immediate search of disappeared people was improved and better
skills were developed for investigating these types of cases by the Attorney
General. In addition, AMORES and CADHAC deployed political advo-
cacy strategies to achieve key legislative changes: definition of “crime
of forced disappearance of people” and a new clause in the Law of the
Declaration of Missing People that allows family members of the disap-
peared to resolve their legal situation and to access benefits, such as pen-
sions, without having to declare the person deceased. AMORES c arried
out awareness-raising actions in public spaces every Sunday as well as dem-
onstrations on key dates (such as Mother’s Day) to seek information on
the whereabouts of their children.
In 2015, the experience was presented publicly, with wide media cov-
erage as well as local and international authorities. The year ended with
Sister Morales being awarded the National Human Rights Prize. One
of the most interesting aspects of this event was the identification of a
multi-sector workgroup that, with the political and legal mediation of
CADHAC, combined the search for results with the reaffirmation of prin-
ciples. During the course of this process, the legal representation and polit-
ical brokerage strategies of the organisation were significantly engrained
as a result of feedback received. It was a transformation that reflected the
importance of the political–legal intermediation circuit.
At the centre of traditional legal intermediation is the figure of the
lawyer, owner of specialised knowledge, who defends the interests of his/
her client. Both knowledge and consent exist regarding the tasks of the
intermediator by the intermediated, but the former acts almost discretion-
ally in the exercising of his/her functions. In the case study, the first stage
of legal assistance to the families of victims of violation of physical integ-
174 K. ANSOLABEHERE AND P.V. DE BETHENCOURT
tic character. CADHAC’s actions do not negate the conflict between the
different parts: on the one hand, the families, who do not always receive
institutional answers that ensure justice regarding the human rights viola-
tions suffered by their family members; and, on the other hand, public
prosecutor agents, who form part of a bureaucracy whose time and inter-
ests do not coincide with those of the families. CADHAC facilitates ways
of political processing that are no longer simply legal and moderates pos-
sible antagonisms. In this case, the NGO’s political–legal representation
circuit functions as a translator between two languages (loss and bureau-
cracy) and two time frames (urgency and procedures) that, at times, can
be irreconcilable.
Following these meetings, the CADHAC team meets again with that
of the prosecutors and establishes agreements to be reached in the fol-
lowing meeting. The families, members of the public prosecutors and the
CADHAC team then meet with the public prosecutor in order that he/
she becomes a participant in the agreements. To conclude, a press confer-
ence is held which publicises the actions and makes the process visible,
beyond the parties involved. The latter is important as it shows that the
intermediation work of the organisation involves the public, and is not
limited to the victims and state agencies.
The advisory process and legal representation is inextricably linked to
the process of political brokerage that arose out of the political organisa-
tion of the victims, overcoming a context of fragmented claims through
the creation of AMORES. This organisational process led not only to psy-
chological assistance, but also to awareness-raising in public spaces: for
example, demonstrations were held outside the prosecutor’s office while
meetings were in progress. Among the activities of political advocacy, the
mobilisation of cultural resources needs to be mentioned. This took the
form of theatre plays or religious services that increased public awareness
of the situation.
Throughout this process, CADHAC was a key actor for victims, who
were supported not only legally, but also in their process of politicisation
or constitutionalising as political actors fighting for the cause of forced
disappearances of people. CADHAC’s form of mediation, reflects the way
different keys of intermediation, in this case the political and the legal,
are interconnected, and in their interaction, are distanced both from the
traditional legal representation and advocacy models. The particular char-
acteristics of this circuit, embedded in the CPI, for the case of AMORES
and CADHAC are summarised in Table 8.2.
176 K. ANSOLABEHERE AND P.V. DE BETHENCOURT
Conclusions
The empirical analysis of the defence of human rights in cases of victims
of forced disappearances highlighted two issues. First, regarding political
intermediation, it is necessary to focus on the actions of human rights
organisations, and reflect not only on their connections with authorities
and transnational networks, but also on their local intermediation func-
tion. In addition, the importance of considering a hybrid model was pro-
posed and exemplified, in which legal representation, that constitutes a
fundamental component of the defence of human rights, is combined with
the political mediating form. The political–legal hybrid helped to deploy
actors, rules and repertoires of action that incorporated characteristics of
both the word and project circuits (in this case, centred on technical legal
knowledge). Furthermore, certain repertoires of action touched upon the
circuits of vote and force.
Second, it was shown that in the defence of human rights by NGOs,
two interconnected processes of intermediation constituted the politi-
cal–legal circuit: legal representation and political brokerage. The first
THE POLITICAL–LEGAL REPRESENTATION CIRCUIT OF HUMAN RIGHTS... 177
is associated with the resolution of cases. The second, seen through the
CPI, deploys mechanisms of recognition and constraint on the actions
of the intermediator, transforms potentially antagonistic content into
agonist relationships and contributes to politicising victims by convert-
ing cases into causes to be defended. While both components (legal and
political) go hand in hand, each responds to a logic that could either
result in tension or, as occurred in this case, form a virtuous circle in
which actors are able to communicate in institutional spaces, albeit in
different languages.
The case of CADHAC and its intermediation function in defence of
the rights of victims of forced disappearances illustrated the importance
of reviewing the politics of human rights defence by NGOs from a politi-
cal intermediation lens. This entry point identified how political interme-
diation models acquire hybrid forms where tangible results are reached
and voices of victims are heard, translated and included in decisions that
involve them, while at the same time, victims’ formation as political actors
is encouraged.
Notes
1. In the human rights literature, a classic distinction is made between
defence and promotion of human rights. In this study, the defence
of human rights is considered.
2. Legal representation is understood as an act by which a person is
invested with the power to legally act on behalf of another, in
which the legal provisions of the actions of the representative fall
on the represented. This delegation of responsibilities can be vol-
untary—the represented gives power to the representative—or
legally mandated, in which the legal framework establishes facul-
ties for legal representation to specific people in the event of a
disappearance or absence, incapacity, minor and so on. For exam-
ple, a common form of legal-mandated representation is that done
in court by lawyers for their clients (Diccionario Jurídico Mexicano,
SCJ, 1526).
3. The advocacy model assumes a specific intersection of the three
dimensions of the CPI that underlie the analysis of this work: the
absence of knowledge or consent of the mediator’s activity by the
represented; the absence of mechanisms of direct or indirect control
of the mediator by the represented; and, finally, the construction of
178 K. ANSOLABEHERE AND P.V. DE BETHENCOURT
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Juridico_Mexicano_de_la_Suprema_Corte_de_Justicia_de_la_Nacion
CHAPTER 9
Gisela Zaremberg, Adrián Gurza Lavalle,
and Valeria Guarneros-Meza
This book grew out of two initial proposals. The first aimed to broaden the
view of representation beyond the strictly electoral circuit. Based on the
typology of circuits of representation and the concept of intermediation,
G. Zaremberg (*)
Facultad Latinoamericana de Ciencias Sociales (FLACSO), Mexico City, Mexico
A. Gurza Lavalle
Department of Political Science, University of São Paulo (USP),
São Paulo, Brazil
Center for Metropolitan Studies (CEM), São Paulo, Brazil
Brazilian Center for Analysis and Planning (CEBRAP), São Paulo, Brazil
V. Guarneros-Meza
De Montfort University, Leicester, UK
the popular circuit. Finally, the case presented by Ansolabehere and Valle
also shows how technical legal knowledge in defence of victims of disap-
peared people in Nuevo Leon, Mexico, is based on the premise of the
“word”.
It is important to note that the principles of each circuit (protest/
negotiation, bureaucratic technical knowledge, participation and charis-
matic relation between leader and people) become significant when they
allow the structuring of a triadic relationship of stable intermediation.
That is, they allow the establishment of a regular or systematic pattern
of asymmetrical indirect relationships and thereby political relationships
(as defined in the introduction) among the intermediated, an intermedia-
tor and a higher actor that holds the resources necessary for accessing or
defending a right, including the concrete provision of specific goods or
public services associated with this right. In other words, the presence of
force, word, project or people does not necessarily imply representation.
This only occurs when a stable pattern of triadic intermediation has been
built using some of the rules or repertoires of action that form part of
these principles. Although “force” can be observed in the form of protest,
such as when Ansolabehere and Valle analyse how families of disappeared
people protested in the streets of Nuevo Leon, this does not automatically
imply that the circuit of intermediation described was structured predomi-
nately around protest characterizing the force circuit. Rather, it appears
that protest was a complementary resource to strengthen intermediation
centred on the dialogic role undertaken by the human rights defence
organization (CADHAC is its acronym in Spanish).
It is also important to note that principles and repertoires of circuits
are situational, that is, combinable in different ways by the same actor in
different moments and places. Thus, rich diagnoses regarding the plurality
of political intermediation emerge from the analyses, in which actors do
not adhere to a prescribed role that is theoretically associated to be their
profile (eminently representative, participative, of advocacy or mobiliza-
tional, etc.).
The degree to which a principle, or mixture of principles, metaphori-
cally presented as “force”, “word”, “project” and “people” structures
a circuit of representation in a stable way is a complex methodologi-
cal problem. In the work included in this book, built mainly around a
qualitative and ethnographic information base, the key to the classifica-
tion of circuits or blends of circuits has been guided, fundamentally, by
the application of classic typological criteria (Weber 1964; Aronson and
184 G. ZAREMBERG ET AL.
Weisz 2007). This means that in order to detect the presence or absence
of a particular circuit, it is necessary to “remove” hypothetically the attri-
butes of the principle in question and then ask whether the type of cir-
cuit would change under these circumstances. Should this operation (of
removal) show that the systematic characteristic of the circuit is not sub-
stantially modified, the intermediation cannot be structurally associated
with such a principle. For example, if the circuit established between
victims, human rights defence organizations and the Attorney General,
mentioned earlier, is imagined without protests, it would, in any case,
be concluded that the work was centred on legal knowledge and the
word would continue to structurally sustain the triadic intermediation
established among these actors. Thus, the circuit cannot be catalogued
under the predominant metaphor of force. Alternatively, if on removing
the principle, it is assumed that the circuit de-structures itself completely,
then, in fact, what is observed is the key that defines constitutively the
intermediation in question. This test of hypothetical aggregation or sub-
traction is what finally guides the location of the object of study classified
as intermediation in one or more circuits.
This methodological mechanism acts as an antidote to conceptual over-
stretching. Only when an element is structural and continuous in time,
establishing patterns of triadic intermediation, can it be said that an object
of study exists that belongs to one or other type of circuit. As was stated
in the introduction, this triadic political intermediation is of a vertical
nature. Processes of horizontal intermediation have not been included in
the book’s analyses, nor have those between actors that occupy symmetri-
cal positions, in equitable situations.
It should be noted that the use of these circuits has not been only
for descriptive purposes to locate a particular object of study, but also
for causal purposes during the narration of historical processes. Thus, the
chapter written by Freigedo on Uruguay analyses how, from an antagonis-
tic conflict resulting from the election of a mayor who sought to impose
a popular style of intermediation, opposition currents within the same
political party managed to impose participative institutions (committees
and councils) in order to counterbalance her power. Furthermore, Zuazo
describes a word circuit related to the Amerindian congregational tradi-
tion that, in a first historic moment, joined the force circuit protagonized
by unions and peasant organizations. However, the combination of these
two circuits was disregarded in favour of the vote circuit in a second and
third historical moment.
CONCLUSIONS AND FUTURE RESEARCH AGENDA 185
The case of the political councils of women, analysed by Romão and col-
leagues, provides an example. In these councils, the limited number of
women belonging to the feminist movement made the follow-up of deci-
sions more feasible. In the chapter by Zuazo, allusion is also made on vari-
ous occasions to the difficulties encountered by the mechanism of Social
Control, inspired by the experiences of small indigenous communities,
when it was up-scaled to the national level.
Size alludes to a recurrent thesis in political science literature as well
as that on social capital and social networks. On the one hand, the classic
proposition that specifies that the probabilities of desertion (no coopera-
tion) increase in large groups (Olson 1965) is well known. On the other
hand, a common argument indicates that monitoring the fulfilment of
contracts is more feasible in dense networks, with these being more prob-
able in small social environments (Coleman 2000). Without attempting
to assess this literature, greater opportunities for constraint in small and
densely related groups are credible in the cases of the women’s councils in
Brazil and the communities of face-to-face contact in Bolivia. However,
constraint is equally high in the case of the Brazilian national health coun-
cils that respond to a broader policy community. Thus, it is evident that
deficiencies that result from growth in group size can be compensated by
other elements that have already been mentioned earlier (historical trajec-
tory, shared projects, and the current and future nature of the relation-
ships involved).
Finally, constraint is characterized by the way in which specific moments,
within a time cycle, are established for evaluating intermediators’ perfor-
mance. In classic literature, electoral cycles have been repeatedly high-
lighted for this purpose. The possibility of voting cyclically (i.e. every
four or six years in presidential elections, depending on the country) is a
key component. Specifically, the literature suggests that voting works as
a “punishment” or “reward” mechanism that facilitates vertical account-
ability between electors and the elected. The vote thus influences the
behaviour of representatives, given that they, within an electoral cycle, will
consider future elections in their calculations regarding current decisions.
Without delving further into the various discussions around this issue, it
is nevertheless important to note that the variable of time has always been
present in classic literature dealing with electoral representation.1
The cases analysed in this book show that actors construct vari-
ous formal and informal inter-temporal mechanisms, not limited to the
well-known electoral cycle. Moments of evaluation are established both
CONCLUSIONS AND FUTURE RESEARCH AGENDA 189
Antagonism
Intermediator
Intermediated Agonism
rights. In the cases covered in this book, and specifically in the analyses of
intermediators, two characters express this agency potential and its inno-
vative aspects: the intermediator as “translator” and as “enabler or facilita-
tor” of the agency performed by the intermediated.
The first character alludes not only to the intermediator’s position as a
bridge that connects actors with different resources and hierarchies who
would otherwise remain disconnected, but also as a fundamental actor
in the mediation between languages and worlds with different meanings.
The chapter by Ansolabehere and Valle is clear in this respect through their
analytical description of how the human rights organizations that inter-
mediate between victims and the Attorney General’s Office connect two
completely different and even opposed languages. On the one hand is the
language of unspeakable pain, unique and particular to families of missing
people and the urgency of their search. On the other hand is the language
of the sluggish bureaucratic processes that form part of the Mexican jus-
tice system and the routine, cold nature that these agencies tend to show
for individual cases that constitute part of what they habitually do. In
addition, this chapter shows how the close and timely accompaniment of
lawyers belonging to the civil organization contributed to processing in an
agonist manner the substantive content of the intermediation of human
rights—an atypical feature not found in similar situations in the country
characterized generally by violence and confrontation between family vic-
tims and government agencies.
Something similar was evident in the case analysed by Guarneros-Meza.
The author shows how front-line bureaucrats intermediated between the
language of local regulation, individual morality and the reality of citizens
who were subjects of security policy. In this encounter, bureaucrats act as
the intermediators of different understandings. They attempt to manage
situations in an agonist manner that can, in an extreme case, explode,
given the weak municipal capacity and resources of security policies on
the one hand and the severity of the insecurity suffered by the population
on the other hand. In the case of La Silsa, analysed by Martin, the com-
munity spokespeople assigned to the technical tables developed ways of
translating the language of needs felt by the population into the technical
language of expert officials assigned to the local projects.
In turn, actions of translation link to mechanisms that enable the agency
of the intermediated. This can be seen in cases that provide insight into
grassroots communities. The organizations in San Quintin promote the
strengthening of peasants by sharing demonstrations and communication
194 G. ZAREMBERG ET AL.
Epilogue/Reflections
The development of this book has resulted in learning regarding the appli-
cation of the CPI as a three-dimensional framework where different cir-
cuits of intermediation intersect. The analytical advantages expressed in
the conclusions with respect to each dimension, together with the points
for future agendas, would not have been possible without the interdisci-
plinary debate that occurred in the stages preceding the writing of this
book. The expertise in industrial relations of Bensusán and Subiñas ques-
tioned the definition and content of the third dimension (substance of
representation). Primarily, their distinction between conflict 1 and conflict
2 helped to concretize the difference between types of conflicts (divis-
ible/indivisible) and the coexistence of agonism and antagonism in dif-
ferent orders or levels in cases outside of the labour sphere. Similarly, the
knowledge of Ansolabehere and Valle on human rights and legislation
consolidated ideas with regard to the mixture between circuits given the
expertise of agents with intellectual and material resources that can be
used in their role as intermediators. Finally, the analysis by Guarneros-
Meza, based on public administration, portrayed the similarity of topics
between traditional bureaucracy—discretion, unequal power and val-
ues—and its direct association with the three dimension of the CPI. It
is believed that these interdisciplinary discussions are of great use as they
enhance the study of processes involved in current events that characterize
CONCLUSIONS AND FUTURE RESEARCH AGENDA 197
Notes
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CONCLUSIONS AND FUTURE RESEARCH AGENDA 199
O
N Officers in Commerce, 126
National Coordination for Change
(CONALCAM), 97, 104–6,
109–10 P
National Council for Women participation, 182–4, 189, 195–7
(CNDM), 43–4 CCs and comunas, 62, 70
National Fund for Socialist Agrarian circuit, 182
Development (FONDAS), 2 “democratic revolutionary
National Minimum Wage protagonism,” 54
Commission (CNSM), 147, direct vs. indirect representation,
149, 150, 156n8 195
208 INDEX
W
Weberian bureaucratic models, 129 Z
women’s rights movement, 43, 48–9 Zaremberg, G., 1–25, 31–50, 60, 62,
women’s rights policy, 33, 41–7 68–9, 119, 120, 167, 181–97
word circuit, 182, 184 Zavaleta, R., 111n4
participation, 21, 183 Zuazo, M., 21, 95–113