Arthur R. Capella Giannattasio; Leticia M. de A. Stefanini; Maria V. P. Vilela; Beatriz de B. Pontes

Rev. Carta Inter., Belo Horizonte, v. 18, n. 1, e1329, 2023

1-23

Oswaldo Guayasamín in Brazilian

Classrooms: Developing a Critical

Local Approach in International

Legal Studies

Oswaldo Guayasamín nas salas de

aula brasileiras: desenvolvendo uma

abordagem local crítica em estudos

jurídicos internacionais

Oswaldo Guayasamín en las aulas

brasileñas: desarrollando un enfoque

local crítico en los estudios jurídicos

internacionales

DOI: 10.21530/ci.v18n1.2023.1329

Arthur Roberto Capella Giannattasio

Leticia Maria de Albuquerque Stefanini

Maria Victória Pereira Vilela

Beatriz de Brito Pontes

1 We would like to thank the University of São Paulo for providing funding for

the undergraduate students to develop activities related to this research in

the following processes: Programa Unificado de Bolsas (PUB) — Extensão

n. 83-1.2020.87.737 and Programa de Estímulo ao Ensino de Graduação (PEEG)

n. 2020.2.20317 and n. 2021.1.20569.

2 PhD in International Law — University of São Paulo Law School (FD/USP).

Full-time Professor of IRI/USP. (arthur@usp.br).

ORCID: https://orcid.org/0000-0003-3273-4052.

3 Undergraduate student in International Relations Institute at University of São

Paulo (IRI/USP). (leticia_stefanini@usp.br).

ORCID: https://orcid.org/0009-0006-9069-0202.

4 Undergraduate student in International Relations Institute at University of São

Paulo (IRI/USP). (mvictoria.vilela@usp.br).

ORCID: https://orcid.org/0009-0000-5458-8688.

5 Undergraduate student in International Relations Institute at University of São

Paulo (IRI/USP). (beatrizpontes@usp.br).

ORCID: https://orcid.org/0009-0006-7488-2722.

Artigo submetido em 03/03/2023 e aprovado em 29/05/2023.

ASSOCIAÇÃO BRASILEIRA DE

RELAÇÕES INTERNACIONAIS

ISSN 2526-9038

• This is an open-access

article distributed under

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Commons Attribution

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unrestricted use,

distribution, and

reproduction in any

medium, provided that

the original author and

source are credited.

• Este é um artigo

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Abstrac

Arts can be adopted in education with instrumental purposes (developing skills, illustrating

facts, concepts, or theories). This pedagogical choice can also transform individual and

collective capabilities. Based on document analysis, participant observation and literature

review, this article discusses the use of artworks of Latin American painter Oswaldo

Guayasamín to teach international law at a Brazilian University. Although participants had

differences in age, education, and geographical origins, they shared cultural and political

repertoires which supported critical interpretations of international law through artworks.

This suggests that a conscious intertwinement of Arts and local memories can promote a

critical education of international relations.

Keywords: Oswaldo Guayasamín; Arts and international legal studies; critical pedagogy;

aesthetic and local turn; Latin America and international relations.

Resumo

Artes podem ser adotadas na educação com propósitos instrumentais (desenvolver habilidades,

ilustrar fatos, conceitos ou teorias). Essa escolha pedagógica também pode transformar

capacidades individuais e coletivas. Baseado em análise documental, observação participante

e revisão de literatura, este artigo discute o uso de obras do pintor latino-americano Oswaldo

Guayasamín para ensinar direito internacional em uma universidade brasileira. Embora os

participantes tivessem diferenças de idade, educação e origens, eles repertórios culturais e

políticos compartilhados sustentaram interpretações críticas do direito internacional pelas

obras de arte. Sugere-se que um entrelaçamento consciente de artes e memórias locais

pode promover uma educação crítica das relações internacionais.

Palavras-chave: Oswaldo Guayasamín; Artes e estudos jurídicos internacionais; pedagogia

crítica; virada estética e local; América Latina e Relações Internacionais.

Resumen

Las artes pueden adoptarse en la educación con fines instrumentales (desarrollar habilidades,

ilustrar hechos, conceptos o teorías). Esta opción pedagógica también puede transformar

capacidades individuales y colectivas. Basado en análisis de documentos, observación

participante y revisión de literatura, este artículo discute obras del pintor latinoamericano

Oswaldo Guayasamín para enseñar derecho internacional en una universidad brasileña.

Aunque los participantes tenían diferencias en edad, educación y orígenes, repertorios

culturales y políticos compartidos apoyaran interpretaciones críticas del derecho internacional

mediante obras de arte. Esto sugiere que un entrelazamiento consciente entre artes y

memorias locales puede promover una educación crítica de las relaciones internacionales.

Palabras clave: Oswaldo Guayasamín; Artes y estudios jurídicos internacionales; pedagogía

crítica; giro estético y local; América Latina y las relaciones internacionales.

Arthur R. Capella Giannattasio; Leticia M. de A. Stefanini; Maria V. P. Vilela; Beatriz de B. Pontes

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Introduction

Some authors justify the use of Arts (artworks and art techniques) in formative

disciplines of international law in accordance with an instrumental perspective

(Winner, Goldstein and Vicent-Lacrin 2013). For them, Arts would soften the

comprehension of hard theoretical frameworks, discussions, or concepts (Almeida

2016; Corten 2014; Ventura 2016), illustrate historical examples (Fagbayibo 2020;

Ramel 2018), or develop useful soft skills for future professional activities (Ramel

2018; Rösch 2018).

However, other authors perceive deeper, unmeasurable, and less concrete

cognitive outcomes. For them, Arts should be regarded as an opportunity to

promote an overarching alternative educational paradigm (Oliveira, Silva and

Kuhlmann 2021; Fagbayibo 2022; Giannattasio, Pereira and Danese, 2022). This

approach seeks a formation process less concerned with traditional rational and

professional goals, and more prone to develop active citizenship among students

(Corten and Dubuisson 2021; Fagbayibo 2020; Silva and Kuhlmann 2021; Ventura

and Dri 2014) and among local communities reached by university extension

projects (Dri, Silva and Andrade 2016; Kuhlmann, Araújo and Souza 2019).

The intertwinement of local elements with aesthetic experiences in educational

programs is also a critical pedagogical choice. Indeed, the use of local experiences

to teach a subject is a critical strategy because they bring up and push forward

marginalized voices in traditional Westerncentric studies (Fagbayibo 2022;

Giannattasio 2018; Tripathi 2021) and summons close and concrete demands

usually disregarded by traditional scholarship (Fagbayibo, 2022; Oliveira, Silva

and Kuhlmann 2021; Sheikh 2020; Tripathi 2021). This pedagogical initiative

might promote transformative individual and collective capabilities (Dri, Silva

and Andrade 2016; Kuhlmann, Araújo and Souza 2019; Oliveira, Silva and

Kuhlmann 2021; Sheikh 2020), as it: denounces the preponderance of rational

and statecentric theoretical framework; reveals the absence of other rationalities

in the field; enables the recognition of the hegemony of certain political, economic

and symbolic representations in international law; emphasizes the exclusion of

alternative political, economic and symbolic representations; makes students

aware that their own local political, economic and symbolic representations might

be excluded from the pillars of traditional studies; sharps their eyes, perceptions

and behaviours in order to easily identify surrounding dynamics and structures

which reproduce the exclusion of their own local representations; and stimulates

an active engagement to overcome such exclusions.

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This article discusses three ‘Arts-based’ initiatives to teach international

law at a Brazilian University: a mandatory discipline taught in the Second

Semester of 2020 for undergraduate students (General Theory of State — GTS),

composed by students aged between 17-20 years; the first edition of an optional

discipline exclusive for people over 60 years in the Second Semester of 2020 in

an extension project (International Law and International Relations: A Critique

through Artworks — CtA I), and the second edition of the same discipline

(CtA II), taught in the First Semester of 2021.

Due to the pandemic of COVID-19 (2020-2021), the disciplines were taught

remotely through a virtual platform. This condition widened the reach of synchronic

activities: audiences were not restricted to a traditional classroom environment

located in one and same city. This enabled a true expansion of the notion of

‘local’: (i) students were not restricted to the municipality of the University —

members of both audiences resided in different parts of Brazil: e.g., São Paulo

state (Southeast Brazil), Rio de Janeiro (Southeast Brazil), Bahia state (Northeast

Brazil), Rio Grande do Sul (Southern Brazil), and (ii) alternative learning resources

were available for an active use during the classes — such as personal archives,

personal skills, household instruments, and even information on the internet.

Different kinds of artworks (architecture, literature, music, photographs,

among others), from different authors, originated in different locations (Africa,

Asia, Europe, Latin America) were analysed. This text focuses on discussions

concerning one artwork analysed in the three disciplines: El Toro y el Cóndor

(The Bull and the Condor), authored in 1998 by Oswaldo Guayasamín

(1919-1999), a male Latin American painter. The artwork is in Quito (Ecuador),

in La Capilla del Hombre (The Chapel of Man), inaugurated in November 2002

— a building managed by Fundación Guayasamín6. This artwork was selected

because it was capable of easily establishing connections with all audiences —

despite of their age differences, formation disparities, and distinct geographical

origins or residence. Indeed, as other artworks from Oswaldo Guayasamín,

El Toro y el Cóndor thematizes contemporary Latin American political, economic,

social, and cultural tensions. Thus, this aesthetic local material could easily

activate shared cultural repertoires and political memories common to all Brazilian

audiences.

6 Fundación Guayasamín (Quito, Ecuador) is a foundation created in 1995 by Oswaldo Guayasamín (Cuvi

2013). The authors contacted the Fundación for legal authorisation to reproduce images of the artwork, but

unfortunately no response was given until the final version of this paper.

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Thus, this paper discusses how the different generations (young undergraduate

students and elderly) reacted to this painting, and the manner whereby each

generation articulated their own experiences to construct their interpretation and

to develop a critical knowledge of international law. We argue that the use of a

Latin American painter to teach international law can foster active citizenship

among students and local community, regardless of their background differences.

This paper is divided in three parts. The first part (2.) indicates the materials

and methods used. The second part (3.) presents a brief biography of Oswaldo

Guayasamín (1919-1999) and highlights the connection of his artworks with

Latin American claims. The third part (4.) discusses some outcomes from the

use of his artwork to develop a critical local approach at undergraduate level

and in the extension course.

Materials and Methods

This paper was based on a qualitative approach of primary sources (document

analysis and participant observation) and of secondary sources (literature review).

Literature review (articles, book chapters and books published in specialised

academic means) was conducted to collect information about distinct elements of

this paper. Besides general information officially provided by Fundación Guayasamín

in publications (Cuvi 2013) and in its own website (https://guayasamin.org.ec/),

literature review provided information about Oswaldo Guayasamín’s lifetime,

contemporary political history of Ecuador, and the painting analysed in this paper.

The documents analysed for this paper were emails spontaneously written by

the students after classes, and the selected artworks — whose material aesthetic

representation operates as a monument embodying political, economic, social,

and cultural tensions (Bloch 1997; Le Goff 2003; Liebel 2016). The artworks were

analysed before the classes (to prepare materials and organize debates) and during

the classes (with each audience). Information was gathered and duly provided for

each audience to promote a collective interpretation in accordance with Antonio

Candido’s (2000) triangular approach which seeks to highlight tensions between

author, artwork and public. Roughly speaking, this approach roots possible

and variable meanings over artworks by dealing with material and immaterial

information regarding author’s individual and collective trajectories (item 3.1),

the aesthetic choices and art techniques used in the aesthetic representation

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(item 3.2), and possible meanings developed by each audience while enjoying

the artwork (item 4.).

Participant observation is a usual method in recent studies concerning the use

of Arts to teach international law and international relations (Silva and Kuhlmann

2021). It is a scientific approach of the human experience through which the

researcher undergoes: at the same time ‘subject and object of knowledge’, the

researcher extracts from his/her own social experience qualitative information

and conclusions for broader scientific interests (Guest, Namey and Mitchell 2013).

This paper is thus also based on personal notes taken by the authors during the

classes and after each class. For this reason, practical questions related to each

discipline must be presented to make clear the pedagogical strategies adopted due

to the restrictions related to the pandemic of COVID-19 — as in-person activities

were forbidden, and the steps taken to conduct the participant observation.

GTS is a mandatory discipline offered annually for undergraduate students.

Target audience is usually in the second semester. Being one of the first disciplines

of the course, GTS presents basic concepts related to the state: sovereignty,

territory, institutions, among others. CtA I and CtA II were optional disciplines

offered exclusively for elderly people and lasted one semester each. As a non-

mandatory discipline, enrolment was voluntary, free, open to all interested

persons with no previous requirements of background. The discipline discussed

pre-established subjects, such as: sovereignty, recognition of states, colonialism,

Humanitarian Law, Human Rights, among others.

GTS is conducted once a week, within a total of fifteen weeks, and each

session lasts four hours. Due to the social restrictions of COVID-19, these sessions

were divided in two: diachronic classes (one hour and a half), with previously

recorded lectures, and synchronic classes (two hours and a half), in which

all participants (professor, two assistants and students) accessed at the same

time the virtual room to engage in active learning activities. Theoretical texts

were previously assigned for each synchronic class. During the meeting in the

virtual room, students could raise questions concerning the podcasts and the

theoretical texts. After that, selected artworks were presented for the first time to

the students. They had limited time to see, watch, read or listen to the artwork

and, minutes later, they discussed possible relations between the artworks and

the topics and texts assigned for that specific class.

CtA I and CtA II were conducted once a week, within a total of fifteen weeks,

and each session lasted two hours. Due to the social restrictions of COVID-19, all

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meetings were synchronic classes in virtual classrooms. Artworks were the central

element of the entire course, and participants knew in advance which artwork

would be discussed. They were encouraged to learn autonomously about the

artwork before each class and to bring their own contributions and experiences

for each meeting. The main purpose was to compare their preliminary individual

impressions, as they had different backgrounds — Communications, Dance,

Engineering, Information Technology, Law, Music (classical piano, orchestra

conducting), Pedagogy, Veterinary Medicine. After this, the professor and his

assistant engaged in specialized discussions in international law associated with

the selected artworks.

The personal notes registered the following aspects: (i) for GTS, (a) if

participants knew previously the selected artwork or the selected artist, and,

(b) if yes, which information they were able to share with others; (ii) for CtA

I and CtA II, (a) if participants knew previously the selected artwork or the

selected artist, (b) if not, if they looked for pertinent information before the

class to share with the colleagues, (c) if yes, which information they were able

to share with others. In all disciplines, the next step consisted in (iii) hearing

randomly the individual interpretations constructed by each student, and

(iv) opening the possibility for students to discuss collectively their impressions

and to connect them with the topic assigned for each class.

Finally, two methodological remarks are required to make clear the limits

and possibilities concerning the use of participant observation in this study.

First, in any of the three disciplines, no reward mechanism or grades were

foreseen for engaging in the debates about the artworks. CtA I and CtA II were

offered within a broad extension program of the University with the social

purpose of getting elderly people closer to the University and to recent research

outcomes. The evaluation of participants, thus, did not make sense within the

broad scope of this extension program –attendance to at least 85% of classes was

the only requirement for approval. By its turn, GTS is a mandatory discipline in

the undergraduate program — and, for this reason, the assessment of participants

is formally required for approval. However, considering that the discipline was

offered during the second semester of the social restrictions related to COVID-19,

students were not evaluated for the interpretation of artworks during the classes.

Given the uncertainty of the entire social situation, not evaluating students after

their participation was a conscious choice to preserve their mental health from

unnecessary anxiety.

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The absence of a reward system might have had an impact on the number

of students taking part in the discussions, as the opposite choice could have

encouraged more students to share their perceptions with others, introduce

alternative perspectives, and lead the debate to other paths. It is not possible, in

the limits of this text, to address thoroughly the many interesting developments of

this argument. However, the choice of not evaluating active participation enabled

the emergence of unexpected outcomes in the three disciplines — whose positive

aspects for the participants surpassed a utilitarian interest of being rewarded or

approved in the discipline.

Indeed, freeing the participants from the burden of participation for grading-

purposes seems to have helped the experience of building an alternative educational

paradigm through Arts. For instance, some participants affirmed by email that,

besides softening theoretical discussions, debates about artworks in remote

classes (“and even with cameras not on!”) helped them to interact with each

other and to create emotional bonds with the colleagues and the University.

Second, the spontaneous reactions of the students might have been impaired

by the absence of a horizontal position between the actors involved. As one of

the students declared in an email, at first, “to be quite honest, […] I was super

nervous when you asked to ‘develop further [the argument]’”. As an authority

responsible for the classroom — that is, for organizing and leading interactions,

evaluating students, the professor does not exercise a role on equal footing.

Thus, the presence of the professor might have impacted on the reactions of

the students.

It is not possible to deal, within the limits of this text, with the several

implications of this question. However, it is important to remember three

things.First, the unequal condition between professors and students in classrooms

is unavoidable, even in educational experiences imbued with critical pedagogy

based on horizontal relations between them (hooks 2017; Rodriguez 2005).

Second, in the three disciplines, the professor was not the only actor responsible

for organizing the classroom and to interact with the students: there were

undergraduate students who, as official assistants for the discipline, engaged

actively in the debates — either selecting artworks, or presenting them to the

students, or even participating in the discussions with alternative interpretations

or with compliments to commentaries of the students — they were there as actors

capable of temporarily mediating unequal positions during the classes. Third,

the absence of a reward system might have also played a role in softening the

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burden of the interactions and creating an educational environment more open

for spontaneous reactions. Thus, the interactions registered and analysed for this

study were precisely the ones which could have been possible in any classroom

environment — even in those seeking horizontal relations, as the authority of

the professor is an inevitable condition in every classroom.

One situation related to the authority of the professor is worth mentioning.

In CtA disciplines, the difference between the ages of all actors — the professor,

under 40 years, the assistant, under 25 years, and the participants, over 60 years

— seems to have reduced some of the authority-related assumptions concerning

the role of professor. In one class, there was an emotional discussion about a

largely disputed and sensitive topic in international law among the participants

— regardless of continuous interventions from the professor to cool down the

debates. However, right after this class, the participants who were more emotive

sent spontaneous messages apologizing for their misbehaviour — maybe still

recognizing a vestige of authority in the professor. A similar situation did not

occur during GTS classes.

A Latin American Painter with Latin American Agendas

Lifetime and Trajectories

Oswaldo Guayasamín (1919-1999) authored artworks which denounced the

history of marginalized peoples. In his last interview in 1999, he declared that

“[my inspiration] is the injustice, the evil against man is what has permanently

moved me”7 (Guayasamín apud Hernández 1999, 164, our translation). His focus

was to show the pain and despair of society — especially of vulnerable peoples,

being his works of paramount importance to understand Latin American context

in the twentieth century (Cuvi 2013; Gaard 2019).

Andean peoples had no place in the narratives of power. Their political,

economic, social, and cultural ways of life were constantly despised by national

and international entities—not only in Ecuador (Gaard 2019), but in most

parts of Latin America, even after political emancipation (Giannattasio 2021a).

As one of the main representatives of social realism, Oswaldo Guayasamín

7 “[Mi fuente de inspiración e]s la injusticia, la maldad contra el hombre lo que me tiene conmovido

permanentemente” (Guayasamín apud Hernández 1999, 164)

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addressed the real conditions of the working class for two reasons: to denounce

underlying socio-political structures in Latin American societies (Cuvi 2013),

and to criticize liberal and conservative sectors who ruled Ecuador and Latin

America during the second half of the twentieth century (Buitrón 2008, 20).

Born on 6 July 1919 in Quito (Ecuador), Oswaldo Guayasamín was the eldest

son of José Miguel Guayasamín Corredores and Dolores Calero Moncayo, who had

10 children. His father was a private chauffeur and his mother held household

activities and sold homemade candies (Lara 2008). Oswaldo Guayasamín identified

himself as a mestizo, as his father was of Kichwa origin (Cuvi 2013). Poverty

and racial prejudice created hard conditions for his family during childhood and

adolescence (Oña 2013) — and, for this, he also helped household expenses by

drawing and selling caricatures of teachers and classmates (Brümmer 2000).

At the age of 13, the painter witnessed the 1932 Ecuadorian Civil War.

After the 1929 stock market crash in New York, Ecuador suffered a decline in

exports, creating a backlog of raw materials. The then Ecuadorian president

Isidro Ayora resigned and Neptalí Bonifaz was nominated as the new president

after democratic elections, but was not able to take office due to a blockade by

the liberal-headed national congress. After armed conflicts in several cities of

Ecuador, landowners and bourgeois got back to power (Mora 2008).

This internal political conflict was crucial for Oswaldo Guayasamín, as he

witnessed disputes and violence in his own city — friends and acquaintances were

killed and piled up on the sidewalks of Quito (Brümmer 2000). He entered the

Escuela de Bellas Artes at that time and, after taking part in student movements

and militating with organised workers, Marxism and other leftist ideologies

influenced his political perspectives. This eventually led him to be expelled for

two times, but he was later reinstated after changes in the institution management

(Brümmer 2000) and due the recognition of his artistic capabilities (Oña 2013).

Oswaldo Guayasamín progressively distanced himself from traditional academic

art and adopted modernist and expressionist approaches: to “reach large public”

and “to communicate historical and political subjects”, it was necessary “the use

of clear, strong chromatic contrasts and delineated profiles, an effective, high-

impact composition” (Cuvi 2013, 19). Mexican muralism was one of his major

inspirations: derived from the Mexican Revolution (1910-1920), it aimed to portray

Mexican reality, social struggles, and other aspects of Mexican history (Buitrón

2008) —”elements which had all been present […] in the innovative billboards of

the Russian Revolution, later prolonged by the Cuban Revolution” (Cuvi 2013, 19).

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His artworks have also other three influences. First, the history of Latin American

indigenous peoples and their oppression, in order to dignify them, to value their

practices, beliefs and history, and to make explicit how ethnocentrism and colonialism

affected identity in Latin America and implied several social exclusions (Cuvi

2013; Gaard 2019). Second, the Cuban Revolution (1953-1959), which reinforced

anti-imperialist sentiment in Latin America and the fortification of indigenous

communities against ethnocentric approaches of neoliberal initiatives. Third, the

rejection of coups d’état in Latin America, usually backed by the US under the

pretext of preventing the spread of communism in the continent (Mora 2008).

Latin American Motifs in El Toro y el Cóndor

El Tóro y el Cóndor (1998) is an image represented on an acrylic mural (600

x 1200 cm) at the main hall of the lower level of the Capilla del Hombre. This is

the largest mural of the entire building and is based on a first sketch oil painting

produced in 1952.

In a blue-black background, a fierce struggle between two animals (a bull

and a condor) is depicted (Cuvi 2013). While representing a local ritual of some

Peruvian communities (Yawar Fiesta), the image also indicates the struggle

between European colonialism and Latin American peoples. By depicting a

violent struggle between an exotic animal brought to Latin America by Spaniards

during colonial times (the bull) and the typical animal associated to the Andes

(the condor), the mural can be interpreted as “two forces that collide, violently

and desperately, in the heart of the mestizo” (Cuvi 2013, 77). This interpretation

is reinforced in situ due to other artworks displayed in the same main hall.

The artworks in this part of the Capilla present to the visitors the symbols of

Pre-Columbian American civilizations and their silent and marginalized influence

on the social foundations of Latin American peoples (Cuvi 2013). Such curatorship

choice denounces that the immaterial rejection of these local traditions by the

mestizos led also to the material exclusion of indigenous descendants: the outcome

of such violent encounter is a permanent oscillation between ira (anger) and

ternura (tenderness) — each one represented on side rooms at the lower level

(Descalzo 2013).

This additional information helps to understand the images and themes

presented in two other artworks with which El Tóro y el Cóndor establishes a

direct dialogue: Lágrimas de Sangre (Tears of Blood) and Ríos de Sangre (Rivers

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of Blood). Located at the side room dedicated to the ira, these two paintings

emphasize the local social consequences of international interventions and

coups d’état in favour of dictatorships in Latin America and, by doing this, they

“loudly call attention so that people […] become aware of the horrors of war, the

ignominy of misery, the rottenness of exploitation and abuse” (Oña 2013, 134).

Lágrimas de Sangre (1973) is in an oil on canvas painting (220 x 110 cm).

In a black background, a person’s head is depicted. While the mouth is shut

by his/her own hands, his/her petrified/petrifying eyes stare horrified to the

spectator and cry a red liquid (blood). In the bottom right corner, besides Oswaldo

Guayasamín’s signature, there are two inscriptions: Homenaje a Salvador Allende,

Pablo Neruda, Victor Jara (Tribute to Salvador Allende, Pablo Neruda, Victor

Jara) and Nosotros los pueblos (We, the peoples).

The image is a direct reference to the coup d’état led in 1973 by Augusto

Pinochet in Chile, which culminated with: the violent assault on Chiles’ Presidential

Palace (La Moneda), the murder of President Salvador Allende (a democratically

elected socialist), and the persecution of political opposition by Chilean dictatorship

— such as the singer Victor Jara, murdered the day after Pinochet’s authoritarian

regime took office. In the same year, Chilean poet Pablo Neruda also died in

controversial conditions (Cuvi 2013; Oña 2013). But there is more: the fall of

Chilean democracy also represented the suffering of Chilean peoples and of all

Latin Americans under military dictatorial regimes at that time. Thus, it also

represented ultimately the death of democratic regimes in the whole continent

— an issue thematized by the other painting in the same side room: Ríos de

Sangre (1976) (Oña 2013).

In a triptych oil on canvas painting (137 x 187 cm each), Ríos de Sangre

(1976) presents in a crimson background three twisting upper parts of skeletal

human torsos. The open black eyes and mouths in hairless and genderless human

heads and bodies present signs of human desperation towards horrifying red

(blood) surroundings. This artwork is a direct protest: it criticizes the suffering

of people from Brazil, Chile and Uruguay, whose dictatorships persecuted leftist

opponents by torture, forced disappearance, and extrajudicial murder. As some

authors put, ‘we see — and almost feel and hear — those who are being martyred’

(Cuvi 2013, 106).

By denouncing violence and crimes throughout the twentieth century in

Latin America — foreign interventions, wars, genocides, dictatorships, and

torture (Cuvi 2013), Oswaldo Guayasamín’s artworks provide a fruitful material

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for teaching international law and international relations in Latin America. This

will be discussed in the following section, based on three concrete experiences.

Challenges and Possibilities for Critical Local Pedagogy in

International Legal Studies

El Toro y el Cóndor in the Undergraduate Discipline

El Toro y el Cóndor (1998) was the very first artwork presented to the GTS

class. Before the discussion concerning the artwork itself, Oswaldo Guayasamín’s

lifetime and personal and professional trajectories were duly presented. This was

crucial for at least two reasons: first, to give time for students to prepare before the

discussion. As it was their first experience in using Arts to study academic topics,

they felt anxious to learn via such ‘unusual’ initiative — as a student emphasized

in a separate email; and second, the professor assumed that the painter and his

artworks were not familiar to the students. This assumption turned out to be

correct8. This tried to reduce their initial anxiety of ‘not knowing what to say’.

After this initial step, they were invited to discuss possible meanings

concerning the artwork. Even though they were hesitant to ‘say something wrong’,

they started by discussing the violence of the scene — the struggle between the

bull and the condor and the terrified eyes of the bull before the condor’s attack.

The class was held remotely and one of them randomly looked for additional

information on the internet and shared it with the others. They finally reached

a consensus that the animals were broad references to the struggle between

Europe (bull) and Latin America (condor) in colonial times.

This first conclusion seemed to have led the discussion to an end. The

political emancipation of Latin American countries could be understood as the

end of such struggle — the final victory of Latin America (condor) over Europe

(bull). All students agreed with the initial interpretation that — as one of them

pointed out during the class — ‘the sacred character of the condor [for the

Andean peoples] and of their traditions were being represented and dignified

in the artwork’.

8 It is not the place to discuss the reasons for such unfamiliarity: whether from their individual conditions

(youth, regional residence or geographical origins in Brazil), or from a broader structural condition (Brazilian

usual self-exclusion from Latin American culture).

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But the professor and the assistants asked the students to go further. By

introducing issued related to the contemporary history of Latin America before

and during the Cold War, they were then motivated to deepen their comprehension

about the painting. The idea was to present the argument that “the struggle was

not yet over”: the subversion of the colonial system did not lead the fight to an

end between both cultural traditions represented in the artwork.

Bearing in mind the specific purposes of the discipline, the discussion was led

to conclude that such struggle reached our own lifetime. The proposed argument

was that the depicted struggle was not merely a representation of a material

neo-colonial relationship of European countries over their former colonies in

Latin America within a persistent economic and political dependence (Cardoso

and Faletto 1975). Rather, it was argued that this struggle continued in a more

subtle way: the symbolic contest for the cognitive categories to ‘create reality’

(Giannattasio 2018; Onuma 2016) — that is, to name, understand, speak about,

and conduct the world (Bourdieu 1989; Bourdieu 2004).

In this sense, the mural was understood as the representation of a continuous

contest between European political organisation (‘state-like societies’) — and its

state-based international legal system — and the diversity of Pre-Columbian local

political organisations (‘against-state societies’) — with distinct legal frameworks

for international relations (Clastres 2003; Clastres 2004; Lévi-Strauss 1942). The

artwork could thus be associated to a different continuous interplay between

both animals: the persistence of a cognitive dependence of Latin America towards

European legacy due to a permanent automatic adherence to traditional foundations

of the GTS itself and to a state-based international law (Giannattasio 2021a).

To sustain this interpretation, students were remembered that, even though

the colonial system was rejected, Latin American elites adopted the same political

organisation patterns originated in Europe (Obregón 2006). By refusing alternative

local organisational standards (Giannattasio 2021a) and by striving in international

arena for legal and political recognition as equals by European powers (Lorca

2014), local elites were responsible for progressively sowing in Latin America

the seeds of European civilizational patterns.

El Toro y el Cóndor (1998) was presented in the very first class for critical

pedagogical purposes: to raise an alert that, first, state political organisation is not

a historical necessity; second, the origins of state and its theoretical framework

can be associated to European political disputes; and, third, Latin American states

were a by-product of a cognitive dependence established by local elites towards

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European legacy — which undermined and still undermines the flourishing of

local political organisation standards. Finally, the mural was proposed to be

kept as permanent alert for the whole semester that, as GTS is a Eurocentric

discipline, teaching it in a traditional way in Latin America is a continuous attempt

of taming the cognitive standards of future local generations within European

political standards. That is, it was an opportunity to make students aware that

the classroom and their own mindset were spaces within which political and

cognitive struggles between the bull and the condor were still taking place.

El Toro y el Cóndor in Extension Disciplines

El Toro y el Cóndor (1998) was also discussed in the first classes of both

extension disciplines. The audiences had the opportunity to enjoy the artwork

before the class and were instructed to freely research information about the

mural and the painter previously. The idea was to give them conditions to share

their own research outcomes, impressions, and experiences.

Differently from what occurred with undergraduate students, some of the

elderly already knew Oswaldo Guayasamín’s artworks. While some of them

had contact with paintings exhibited in Brazil (FBISP 1989) or abroad, others

remembered that one of his paintings — Madre y Niño (Mother and Son) — is

located since 1992 in São Paulo (Brazil) at the ancient headquarters of the Latin

American Parliament (Oña 2013). Only one of the participants got in touch with

his artworks in a recent travel to Ecuador. But not all of them knew beforehand

El Toro y el Cóndor (1998).

The contrast of colours in the image caught the attention of the participants.

It was clear that the painter represented the physical domination of the bull by

the condor: a retired piano teacher argued that, focusing on the birds’ ‘hands’,

one could immediately perceive the strong domination of the condor over the

bull due to the ferocious and tenacious depiction of the condor’s claws; a

veterinarian remembered that condor feeds only on carcasses and, for this reason,

the depicted bull could only be already dead to entice the condor; for him, the

bull represented a decaying strong tradition, while the condor represented a living

tradition striving to nourish from the other within a structure of its own; and a

retired ballet dancer, focusing on the condor’s wings (a grey right-wing and a

white left-wing), associated them to the struggle between swans in traditional

repertoire ballets.

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The enthusiasm of the participant who had already visited the Capilla touched

everyone in CtA I. During his emotional presentation, he shared pictures he took

to sustain his arguments and to illustrate the spatial location of the mural inside

the building. Even though in CtA II no participant visited before the Capilla, two

of them also described with passion their previous relations with other artworks

authored by Oswaldo Guayasamín.

These three participants were accidental factors which stimulated the others to

look for additional aspects in every artwork until the end of the semester. Since this

first class, the professor received emails from the participants declaring progressive

enthusiasm and engagement for the course: ‘It surpassed my expectations [...]

and corresponds with the best that the University can provide in every way

[including the serious inclusion of the elderly].’. Participants from both disciplines

declared that, since this first class, they were eager to discuss the topics and

Oswaldo Guayasamín’s artworks with their family: partners, siblings, (adult)

children and even grandchildren.

Be as it may, in the first class of both disciplines, after the personal

contributions the audience discussed themes related to imperialism and political

and cultural domination in Latin America-Europe relations. In CtA I, this analytical

key was promptly raised by two participants (a pedagogy professor and a

cultural consultant), while in CtA II, it was raised by a specialist in Information

Technology. Consensus was that it was a clear depiction of the struggle between

indigenous populations in the Andes and the Spanish colonizers until the end

of the eighteenth century—not only in terms of force and territorial domination,

but also a cultural opposition.

After this first conclusion, the next step was to gather the information and

relate it to the main topic of the class: criticize the historical foundations of

international law from a local perspective. The professor asked from participants

who held a bachelor’s degree in law to share with the others what they remembered

from their apprenticeship of international law during their own undergraduate

studies. Such an invitation was based on a conscious strategy. First, it would

probably disclose (as it really did in CtA II) a particular feature of Brazilian

undergraduate law courses during the time that generation presumably attended

Law School (probably between 1970s and 1980s). Second, it would be a fruitful

departing point to compare their own representation of international law with

the representation of this field held by those not graduated in law.

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There were three participants who held a law degree: one in CtA I and two

in CtA II. In both disciplines, only one lawyer studied international law in their

regular law studies: in CtA II, the other lawyer did not attend international

law classes. This is indeed a particular feature of Brazil during the time that

generation attended Law Schools: from 1972 to 1994, international law was not

a mandatory discipline, as Brazilian dictatorial regime (1964-1988) decided to

keep at distance ‘subversive discourses’ related to political freedom, Democracy

and Human Rights (Casella 2012).

Participants without legal background were astonished by the fact that an

entire generation of lawyers was deprived of international legal background.

Commentaries related to the social and economic consequences of this gap

in legal formation were raised — but the professor asked them to keep such

dissatisfaction for next classes: there was still a final step in this discussion.

The basic description of international law from the participants with a legal

background was more or less: ‘rules responsible for regulating the relations

established among states to achieve Peace’. It is not the place to discuss the

accuracy or the limits of this description vis-à-vis contemporary changes of

international law. The focus here is to understand the underlying representation

beneath this description and the personal and collective reactions of the audiences

after its enunciation.

In both classes the prompt reaction was that such description was to some

extent naïve and ‘did not fit reality’. The main argument was that this common

sense towards international law was unable to deal with the historical experiences

and social criticisms raised after discussing El Toro y el Cóndor (1998). Participants

without legal formation were surprised by the fact that their personal and

professional trajectories enabled them to perceive, understand and discuss some

of the limits with which traditional international law studies were not capable to

deal. Participants who held a law degree were unable to justify, from their own

legal background, the reasons why international law was not presented to them as

something capable to deal with such criticisms. However, all participants agreed

with the idea that this problem was one of the various enduring detrimental

consequences derived from Brazilian dictatorship’s decision to ban international

law from regular curricula.

Without denying the relevance of these conclusions, the debate was then

driven back to Oswaldo Guayasamín’s mural and to the main purpose of the

class: to understand the historical foundations of international law in accordance

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with a critical local perspective. It was argued then that the problem was not

only the political decision of the Brazilian dictatorship on teaching or not the

discipline, but also the political foundations of international law itself.

As argued with both audiences, if one regards the history of colonialism of

European countries towards Latin America (Eslava, Obregón and Urueña 2016),

Africa and Asia (Onuma 2016) within the context of the so-called European overseas

expansion, international law operated as a tool to establish legal foundations to

authorise and to legitimate the political and economic domination of European

countries over these territories and their respective indigenous populations. Such

expansion occurred by an explicit disregard of local legal and political structures

and dynamics (Alexandrowicz 2017; Giannattasio 2021a) and by a permanent

legal justification to use force against them (Onuma 2016). It was then argued

that the common legal discourse about international law was not capable to deal

with the criticisms because — honestly — international law was not designed

for non-European political organisations. Being regarded as ‘faithless, lawless,

and kingless’ (Clastres 2003), they could not invoke the protection of European

international law against European colonizers (Onuma 2016) — and even after

that, during the discussions concerning the protection of indigenous peoples at

the League of Nations (Giannattasio 2021a).

The violent struggle between the bull and the condor in the mural is a

material representation of a critical combat against Westerncentric foundations

of international relations: the illusion of the universal character of international

law flourishes only in environments in which local memories of exploitation and

domination are erased. El Toro y el Cóndor (1998) is then a persuasive image

capable to perform, not only a permanent remembrance of the violent occupation

of Latin American territories by European countries, but also a continuous

alert not to fall in the ingenuous trap of the universal and peaceful discourses

of international law, and to always remember the local consequences of these

discourses for Latin America.

But there is more. The enduring detrimental consequences of the political

decision to exclude international law as a mandatory discipline in Brazilian Law

Schools from 1972 onwards (Casella 2012) introduces an additional layer of

interpretation: the struggle between the bull and the condor cannot be associated

only to the violent encounter between Latin American indigenous people and

European colonizers. Indeed, while the condor is traditionally associated to

indigenous peoples, it also meant different US political and economic strategies

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during the Cold War towards Latin American countries. In order to ensure that

no Latin American government would adopt an official left-oriented policy (Braga

2014; Loureiro 2014), the US established alliances with national conservative elites,

who claimed for themselves national symbols (such as the condor) to gather

a sense of national unity (Chimni 2006; Lorca 2016). This was not different in

Brazilian history at that time, as national conservative elites mobilised national

and international legal symbols and systems to preserve their national hegemonic

position by keeping away leftist or popular claims (Giannattasio 2021b).

In this sense, El Toro y el Cóndor represented something more than the

fight between Latin America and Europe since colonial times. As the retired

ballet dancer suggested in the beginning of the class, by focusing strictly on the

gradient grey-white in the wings of the bird, the mural would depict the inner

struggle within the condor itself (Latin America) to define which part of the

domestic politics would attack, digest and absorb the bull (European legacy): the

conservative elites — who claimed national identities in a dependent relationship

with the US, or local exploited and excluded populations — indigenous people,

slave descendants, among others.

Conclusion

There are manifold positive pedagogical consequences of using Arts to teach

international law. By analysing the use of artworks authored by Latin American

painter Oswaldo Guaysamín at a Brazilian University, participants shared cultural

repertoires and common political memories which enabled them to construct

critical local interpretations of the artwork. The possibility to understand the

foundational elements of the field within an alternative approach was not hindered

by the differences of the audience in terms of age, previous background formation

and geographical origins or residence in Brazil.

Oswaldo Guayasamín authored artworks bearing in mind challenges faced

by Latin American countries. Even though these countries achieved political

emancipation during nineteenth century, these former European colonies are

still influenced by external agenda: social and political tensions derived from the

exclusion of local indigenous communities, and the elitist preference for European

mindset. El Toro y el Cóndor can be identified thus as an aesthetic protest against

the persistence of a colonial legacy in Latin America in the twentieth century.

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Using the mural to teach international law can be useful to develop alternative/

third world approaches to the field. More than ‘just another testimony’ of international

interventions in Latin America during the twentieth century, this artwork can be

articulated with bolder pedagogical proposals: it represents an opportunity to

discuss and to unveil the limits of the cognitive framework which is still responsible

— here and now — for the basic structure of contemporary international law.

A local critical pedagogy is then capable of inviting different generations to

think anew the foundations of international law itself and to reject a colonized and

tamed mindset towards their own lives. Teaching international law through Arts

can be regarded as a conscious pedagogical choice for transformative individual

and collective capabilities. And resorting to Oswaldo Guayasamín’s artworks might

be a provocative and fruitful starting point, as “[after entering] his paintings, […]

it will not be easy to come back”

(Neruda apud FBISP 1989, 141, our translation).

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