Bolivia: The Exceptional Case of the MAS

By Santiago Anria*

MAS rally in Bolivia

A rally celebrating the nineteenth anniversary of the MAS in Bolivia. / Tercera Información / Wikimedia Commons

Bolivia’s Movement Toward Socialism (MAS) is one of the most important and electorally successful new parties in Latin America because it has succeeded in achieving and maintaining high levels of internal grassroots participation and bottom-up influence, even after assuming national power.  Unlike the ad hoc electoral vehicles created to sustain the support of a single charismatic leader like Hugo Chávez in Venezuela or Rafael Correa in Ecuador, the MAS has maintained autonomous forms of social mobilization by popular constituencies that have contributed to keeping party vibrancy and served as a check on concentrated executive power.

  • A “party of movements,” the MAS began as a largely indigenous coca growers’ union, but after 20 years of existence and more than a decade in power, it still deviates from the conventional wisdom that such parties inevitably become oligarchic in their operation. Compared to most other movement-based parties, the MAS remains responsive to the interests, demands, and preferences of its social bases – propelling its leader, Evo Morales, to the presidency but also, at times, limiting his authoritarian tendencies.  My research, recently published in a book entitled When Movements Become Parties, reveals that Bolivia is a rare example in which a party’s social movement origin not only facilitated party-building but also enabled the party to preserve high levels of grassroots participation in the selection of candidates and the crafting of public policies, with “bottom-up” correctives to hierarchy and concentrated executive authority.
  • While institutional checks and balances can be (and have been) weakened by an ambitious leader like Morales, governing parties more open to bottom-up input preserve opportunities to establish checks on decisions and constrain strategic behavior and hierarchical control. Channels to exert “voice” provide incentives for the social bases to shape important decisions, as these bases become de facto veto actors within the organization.  At the broader regime level, when a governing party establishes and upholds well-developed opportunities for bottom-up grass-roots participation, instances of bait-and-switch policy-making are less likely – a condition conducive to policy stability and ensuring the “continued responsiveness” that is central to democratic representation in between election cycles.  Finally, when governing parties are more open, they may generate opportunities and incentives for the political empowerment of traditionally marginalized groups by boosting the input that those groups have in the political power game.

The MAS has avoided extreme forms of professionalism and “top-down” control.  While the party as a bureaucratic organization remains weak after 20 years, that reality has allowed the social bases to act autonomously and continue to influence, constrain, and hold the party’s leadership accountable.  This has enabled the party to maintain unusually strong ties with the country’s major popular movements, which still provide a formidable mass base and coalition of support.  Today, 12 years after it gained power for the first time, the MAS remains the only truly national party in Bolivia and is that country’s dominant party.  The ongoing strength and relative autonomy of social mobilization in Bolivia not only explains much of the MAS’s continued success but also sets the Bolivian case apart from the Brazilian PT, where social mobilization withered, and from Venezuela under Chávez and Nicolás Maduro, where mobilization is strong but largely controlled from above.

The system is far from perfect.  Poised to seek a fourth term in 2019 after a legally dubious maneuver, polls show that Morales may not be unbeatable.  The party lacks a viable successor, and another reelection can open the door to further abuses and greater personalization of power – all of which can undermine the development of the democratic regime.  This could also atrophy the links between the party and segments of its movement base, a process already under way.  Power is already concentrated in an executive administration that too often treats opponents and the press with raw hostility.  Institutions are inefficient, liberal rights are poorly safeguarded, and courts are feeble and politicized.  Even if checks and balances on presidential authority have weakened, however, autonomous grassroots participation, inclusion, and accountability are highly robust.  Inclusion has created a “new normal” in the Bolivian political arena, with larger numbers of Bolivians enjoying rights of citizenship and greater input into political decision-making and into determining who gets what, when, and how – with the MAS at the center.  Seen from the long arc of Bolivian history, this is an exceptional change in a society characterized by social and political exclusion.

November 14, 2018

*Santiago Anria is Assistant Professor of Political Science and Latin American Studies at Dickinson College.  His new book, When Movements Become Parties: The Bolivian MAS in Comparative Perspective (Cambridge Studies in Comparative Politics, 2018), studies the internal politics of Latin America’s three most innovative leftist parties: Bolivia’s MAS, Brazil’s PT, and Uruguay’s FA.

Ecuador: Lenín Moreno’s Balancing Act

By John Polga-Hecimovich*

Lenín Moreno

Ecuadorian President Lenín Moreno (far right) meets with members of the National Assembly in October 2018. / Diego Cevallos / Asamblea Nacional / Flickr / Creative Commons

As Ecuadorian President Lenín Moreno begins the post-honeymoon phase of his presidency, he appears firmly committed to positioning himself as a judicious voice and centrist in a region where ideological moderation and restrained oratory are the exception rather than the norm.  This might be unexpected given his political background and four years as vice president under leftist firebrand Rafael Correa (2007-17), but it makes sense given the country’s challenging economic situation and political constraints.  As previously noted, Moreno had two choices when taking office: remain loyal to his socialist roots, govern through his Alianza PAIS legislative bloc, and double down on Correa’s (fiscally unsustainable) “Citizens’ Revolution;” or move towards the political center, splinter his legislative majority, and abandon Correa and many of his policies.  He has decisively opted for the latter, attempting to navigate a middle ground between the left and the right.

  • No issue depicts the thin line Moreno walks more than Ecuador’s foreign policy, and no foreign policy issue reflects that tug-of-war better than his handling of Wikileaks founder Julian Assange. Assangeto whom Correa granted asylum in 2012 at the Ecuadorian Embassy in Londonis now a costly and increasingly undesirable houseguest.  He is a liability in Moreno’s quest for technical assistance, international loans, and greater security and commercial cooperation with the United States, which is still seeking justice for Wikileaks’s publication of U.S. classified material.  Although Moreno has called Assange “more than a nuisance” and “an inherited problem,” the president has been reluctant to push him out over concern for his human rights.  In July, Moreno suggested Ecuador was seeking guarantees that Assange would not face the death penalty.  Maintaining its delicate dance, however, in October, the government broke from its longstanding dialogue with British authorities over Assange’s situation and announced that it will no longer pay for his food and medical care.
  • Ecuador is also seeking closer relations with its right-of-center neighbors, beginning to distance itself from the region’s leftist governments, and attempting to rebuild ties with the United States. Since June, Moreno has attended the inauguration of Colombian President Iván Duque, met with Peruvian President Martín Vizcarra, welcomed U.S. Vice President Mike Pence to Quito, and launched a security agreement with Washington.  Moreno has also changed his tone with regards to Venezuela.  Speaking to the United Nations General Assembly on September 25, he spoke of the burden caused by arrival of more than 6,000 Venezuelan migrants a day and called for a national dialogue in that country, provoking an acrimonious back-and-forth between the two capitals that culminated in the Ecuadorian government tweeting that “corrupt, murderous, and lying socialism of the 21st century is still alive in Venezuela and producing the most massive migration in the country’s history.”

Moreno’s strategy to confront the country’s fiscal deficit, which was 5.5 percent of GDP in 2017, is an even greater departure from his predecessor’s approach.  Whereas Correa pursued financing primarily through oil-for-loan deals from China after Ecuador’s selective default in 2008, Moreno has turned to other global lenders such as the World Bank and Japan.  He has also pursued new commercial relationships and market-friendly policies, including a free trade agreement with the European Free Trade Association, beginning accession talks with the pro-market Pacific Alliance, and continuing to encourage foreign investment in Ecuador’s hydrocarbon industry.  However, Moreno has not fully committed to Washington consensus-style reforms: the government announced measures in August to reduce its $60 billion debt, but it also authorized over $1.2 billion in loans to the housing sector, agriculture, and small and medium-sized business to reactivate the domestic economy.

Although not an ideological rightist like Chilean President Sebastián Piñera or Colombian President Iván Duque, Lenín Moreno has reoriented many of Rafael Correa’s domestic and foreign policies out of necessity as he confronts Ecuador’s difficult economic situation.  Given that the country’s fiscal deficit and outstanding debt are strategic challenges, it seems likely that he will continue to judiciously tread this middle path.  Although fiscal austerity measures have lowered Moreno’s approval rating and provoked protests from the Correista left, it would be a mistake to bet against him.  Moreno has not only upended expectations but also proven far more resourceful and politically sophisticated than his critics—and probably even his admirers—expected.  He may also send Julian Assange at some point an eviction notice.

November 6, 2018

*John Polga-Hecimovich is an Assistant Professor of Political Science at the U.S. Naval Academy.  The views expressed here are solely those of the author and do not represent the views of or endorsement by the Naval Academy, the Department of the Navy, the Department of Defense, or the U.S. government.

Cuba: Sticking to the Plan

By Fulton Armstrong

Miguel Diaz Canel

Cuban President Miguel Díaz-Canel. / Irene Pérez / Cubadebate / Flickr / Creative Commons

As Cuban President Miguel Díaz-Canel passed the six-month mark in office this month, his administration – not surprisingly – continued to produce no surprises.  His rhetoric and policies, similar to the package of constitutional reforms now undergoing consulta popular and scheduled to be approved by referendum next February, are an extension of Raúl Castro’s tightrope walk between continuity and gradual change.

  • Speaking at the UN General Assembly in September, Díaz-Canel condemned the “selfishness and exclusion” of capitalism as the cause of poverty, instability, climate change, and other ills. He also proclaimed, “The generational change in [Cuba’s] government should not deceive the enemies of the revolution; we are continuity, not rupture.”  He welcomed the almost-friendless Venezuelan President Nicolás Maduro to join one of his biggest public appearances.  Showing his pragmatic side, however, Díaz-Canel also met in New York with U.S. technology companies and icons of U.S. capitalism – Google, Bloomberg, Microsoft, Twitter, and others – declared his hope to “computerize [Cuban] society,” and welcomed the announcement of the first U.S.-Cuban biotech joint venture.  Upon his return to Havana, he launched his own Twitter account.
  • On economic reform, Díaz-Canel has continued the same halting approach toward market socialism as did Raúl. New regulations announced in July, to be implemented in December, seemed designed to restrain the growth of the private sector rather than accelerate the reform program.  New mechanisms to ensure that cuentapropistas pay more taxes and operate within the law will dampen their growth in the short term and aggravate contradictions in current policies – for example, curbing black-market purchases of supplies without creating wholesale markets for them.

Ongoing national discussions on constitutional reforms, launched by the National Assembly in July, are compatible with Díaz-Canel’s approach to change.

  • The new document reaffirms two tenets of the Communist Party’s revolutionary platform – the party’s continued leading role as sole political representative of the Cuban nation, and a commitment to a socialist system in which state property predominates and universal social services remain free. But, importantly, the draft omits the goal in the 1976 constitution of “building a Communist society,” signaling the leadership’s recognition that private property and markets will be a permanent feature of the new Cuban model.  It reconfigures policymaking processes to increase efficiency (such as by formalizing the position of Prime Minister), increases the autonomy of local government, and separates more clearly executive and legislative functions.  An amendment allowing same-sex marriage has sparked heated public debate and given rise to an unprecedented political organizing drive by churches opposed to it.
  • The amended constitution does not significantly expand the space for private enterprise, but it provides a stronger legal foundation for the reforms that have already been implemented in various waves since 1992. The draft also strengthens protections of Cuban and foreign-owned private property and investment, providing guarantees against future expropriation.

When introducing changes over the years, the government has routinely, if not obsessively, emphasized continuity – and Díaz-Canel’s administration is proving to be no different.  The signs of change are often nuanced, whereas hardline positions, which tamp down progressives’ expectations and assuage conservatives’ anxieties, are unmistakable.  Díaz-Canel’s adherence to Raúl’s program gives him both essential political cover emphasizing continuity as well as a platform for continuing gradual change.  That formula doesn’t help him with some major challenges, such as the need to unify the country’s two currencies, that have loomed large for several years.  But Díaz-Canel’s gradualist approach – particularly if enshrined in a new constitution next year – is compatible with the view held by many Cubans that change should be evolutionary, not disruptive, even if they wish it went faster.  Washington’s curtailment of bilateral normalization is depriving the private sector of much-needed resources to drive change, but the country’s continued international outreach and expansion of internet access have given entrepreneurs a moral, if not economic, lifeline.  Cubans have often said they’ll do change “their own way,” and Díaz-Canel, with his abundance of caution, may be leading that process. 

October 31, 2018

Brazil: The WhatsApp President

By Barbara dos Santos*

Bolsonaro social medis

Graphics from Brazilian presidential candidate Jair Bolsonaro’s social media detailing his followers on Facebook (left) and Twitter (right). / Twitter: @jairbolsonaro / Creative Commons

If polls predicting a landslide victory for Jair Bolsonaro in Sunday’s runoff election are correct, Brazil on January 1 will inaugurate its first president to win by virtue of his superior social media prowess rather than the strong party bases that propelled his predecessors.  He gained strong support from different sectors of Brazilian society by delivering – legally and potentially illegally – the message his supporters wanted to hear directly to their personal electronic devices, without the validation and transparency of traditional media.  The receptivity of his young supporter base compensated for the low amount of TV time allotted to him under Brazilian law.

  • WhatsApp has around 120 million users in Brazil, around 60 percent of the population, for a wide array of personal and commercial communication needs. The polling firm Datafolha found that two-thirds of Brazilian voters use WhatsApp, and that of them a majority (61 percent) are Bolsonaro supporters likely to follow political news on the service – compared to 38 percent of the backers of his opponent, Fernando Haddad.
  • The platform is perfect for manipulation of information. Messages are encrypted and are therefore beyond the domain of electoral authorities, independent fact-checkers, or even WhatsApp managers.  Real and fake news spread like wildfire.  Agência Lupa, a fact-checker service, has found that only 50 of the most shared pictures in 347 WhatsApp groups were factually correct.  During the weekend of October 6-7, the company found that 12 of the fake news items it evaluated were shared 1.2 million times.  The Federal Electoral Court (TSE), which created a consultative council earlier this year to tackle online misinformation, has been slow to respond to the threat – perhaps out of fear it would be accused of limiting free speech.

Bolsonaro’s campaign also used Facebook effectively even after it twice shut down pages carrying content of his deemed to be fake – 197 pages and 87 accounts in July, and 68 pages and 43 accounts two weeks ago.  Many of the pages portrayed Haddad as a Communist whose Workers Party would turn Brazil into another Cuba and convert children to homosexuality.  One attack – alleging that Haddad would distribute “gay kits” to expose schoolchildren to homosexuality – was so blatant that the TSE ordered Bolsonaro’s campaign to stop it.

  • Haddad’s presence on Facebook (1.5 million followers) is minuscule compared to Bolsonaro’s (7.8 million). Some of Haddad’s followers used social media to spread rumors that Bolsonaro staged his near-fatal stabbing at a rally last month; social media have not shut down any of Haddad’s pages or accounts.

Bolsonaro’s social media campaign has also allegedly been tainted by illegal funding.  Folha de São Paulo, one of Brazil’s biggest newspapers, last week reported that wealthy businesspersons spent US$3.2 million on a WhatsApp fake news operation.  If true, they broke electoral laws barring undeclared corporate campaign donations and the purchase of contact lists from a third party.  Speaking on Facebook Live, Bolsonaro said Folha had no evidence, adding in an interview later that he has no control over the businesspersons anyway.

Fake news in elections – in the traditional or social media – is not a new phenomenon, but its wildfire impact has caught many in Brazil by surprise.  The mere speed that disinformation travels makes it nearly impossible for Brazilian authorities to curb its spread, and self-policing by social media platforms also seems an implausible solution given their benefit from the high traffic fake news drives.  Bolsonaro and his campaign team realized this earlier and embraced it more aggressively than Haddad, who did not enter the race until September 11, ever did.  Haddad was busy trying to simultaneously convince Lula’s supporters to vote for him and others that he was not Lula’s puppet, while Bolsonaro’s message was reaching tens of millions of Brazilians with smartphones.  The likely president’s expertise in using social media (legally or not) has clearly boosted his campaign, but governing by WhatsApp, Facebook, or Twitter remains an untested proposition.  It seems that Bolsonaro may also follow U.S. President Donald Trump’s playbook into government.  Crushing his opposition under a barrage of half-truths and lies does not bode well for democratic governance.

October 26, 2018

*Barbara dos Santos is a Ph.D. Candidate in Political Science at the School of Public Affairs at American University.

U.S.-Central America-Mexico: Migrant Caravan Shaking up Relations

By Fulton Armstrong

Honduran migrants meet with Mexican police in Chiapas

Honduran migrants meet with Mexican police in Chiapas. / Pedro Pardo / AFP Photo / Creative Commons

The underlying drivers of Central American migration remain the same as always – the lack of economic opportunity and strong institutions to protect citizens from violence and other threats – but the Trump administration’s accusations and threats in reaction to the caravan of migrants heading toward the United States is moving relations into uncharted territory, just two weeks after the parties congratulated themselves for progress made at a summit in Washington.

  • Honduran, Guatemalan, and now Mexican authorities have been unable to stop the peaceful caravan of 5,000-7,000 people without violating their rights and causing ugly incidents with high political costs at home. After shows of force, Guatemalan and Mexican border guards allowed them to pass, and local businesses and churches have spontaneously provided food, water, and shelter in each town.  Mexico originally said it would allow only those with current passports and identification to apply for refugee status, but, citing obligations under international agreements and national law, relented.  The migrants are now in Chiapas.

At a meeting with U.S. Vice President Pence and Secretary of State Pompeo on October 11, leaders from Central America’s three “Northern Triangle” countries – Honduran President Hernández, Guatemalan President Morales, and Salvadoran Vice President Ortiz – and Mexican Foreign Minister Videgaray trumpeted the progress that they had made in slowing the flow of migrants from the region to the United States since launching the Alianza para la Prosperidad in 2014.  CLALS research, other studies, and many press reports show, however, that the underlying drivers of migration remain essentially unchanged.

  • The Alianza may eventually foment economic growth and jobs, but multidimensional poverty and high underemployment continue to drive many to flee their homeland. An analysis by the Instituto Centroamericano de Estudios Fiscales (ICEFI) shows that about 6.2 million children, adolescents, and young adults in the Northern Triangle lack access to an educational system.  Homicide rates have declined, but the region remains one of the most violent in the world.  UN estimates show a steady increase in the number of gang members in all three countries, up to 20,000 each in El Salvador and Guatemala.  The gangs often fill voids left by government institutions that are underfunded and, often, weakened by corrupt officials’ embezzlement.  While violence has long been a driver of migration from urban areas, it is now causing new patterns of migration from rural areas as well.  Domestic violence and abuse, which UN data indicate affects up to 40 percent of girls and 16 percent of boys, is another problem some parents want children to escape.
  • President Trump has not acknowledged these drivers, and instead has portrayed the migrants in the caravan as an “onslaught” of criminals. (He also claimed that “unknown Middle Easterners” are among them but later admitted “there’s no proof of anything.”)  He apparently calculates that stirring up fear helps his allies in the U.S. Congress as midterm elections approach, as well as his campaign for a new wall on the U.S.-Mexico border.  He has threatened the Northern Triangle governments and Mexico for not stopping the migrants, tweeting Monday that he will “now begin cutting off, or substantially reducing, the massive foreign aid routinely given to [them]” because “they did nothing for us. Nothing.”  Mexican officials, relieved that the confrontation over the NAFTA renegotiation was resolved, now fear another major disruption in bilateral relations.

The migrant caravan is testing the administration’s relations with its closest allies in Central America.  Trump’s jettisoning of the nice talk from Pence’s recent summit will not in itself harm ties; the Central Americans and Mexicans are aware of his impulsive streak and may calculate that they can weather the windstorm.  His accusations and threats to suspend aid, however, reveal a fundamental misunderstanding of the underlying drivers of the migration, and he seems unaware that his partners have been unwilling to undertake the political and economic reforms needed to address those drivers except in minor ways that U.S. aid enables.  Trump apparently thinks his partners should use force – even the military if needed (as he’s threatened on the U.S. border) – to stop the flight of humans from the miserable conditions in which they live.  He also apparently judges that the more migrants are made to suffer, such as through the separation of family members who manage to cross the border, the less likely they are to try.  The caravan’s provocations and Trump’s reactions could blow up the game that has allowed both sides to pretend the problem will go away with token programs, intimidation, and a wall.

October 24, 2018

Southern Cone: Rapid Transition to Non-Conventional Renewable Energy

By Thomas Andrew O’Keefe*

Edificio Alexander

Edificio Alexander, a building in Punta del Este, Uruguay, that produces wind energy on its roof. / Jimmy Baikovicius / Flickr / Creative Commons

South America’s Southern Cone is undertaking a transition to non-conventional, renewable energy resources – that is, production not dependent on fossil fuels or large-scale hydropower – that creates the opportunity for a historic regional consensus on energy policy.  Uruguay and Chile are at the forefront.  Both lack significant fossil fuel reserves and have experienced crises when droughts detrimentally impacted hydro-supplied electricity.  For them, the rapid shift to other forms of domestically sourced renewables is as much a means to guarantee energy security as to combat climate change.  Approximately a third of Uruguay’s electricity is currently generated from wind power (up from only one percent as recently as 2013).  Similarly, about a third of Chile’s electric power – depending on the time of day – is sourced from the sun and the wind.

  • Brazil has also made significant strides in incorporating wind, and to a lesser degree, solar power into its energy matrix. The primary motivation is the need to offset carbon emissions from the burning of rain forests and the country’s greater use of natural gas.  Brazil has long enjoyed the cleanest energy of any large economy in the world because of its heavy reliance on hydropower, which still covers some two-thirds of the country’s electric needs.  Brazil was also a pioneer in the development of more environmentally friendly sugar-based ethanol (as opposed to corn favored in U.S. ethanol production); most passenger vehicles today have flex-fuel engines.  Paraguay gets almost all its electricity from hydropower (and exports the bulk of what it produces).
  • Argentina, while increasing exploitation of its large shale gas and oil reserves, in 2017 expanded renewable energy projects nearly 800 percent over the previous year, according to reports. President Mauricio Macri has created a more inviting investment climate for the private sector, rapidly increasing natural gas output, especially from the Vaca Muerta shale reserves in Patagonia.  He is also encouraging the expansion of renewable energy beyond large hydro by, among other things, allowing long-term power purchase agreements in U.S. dollars as a hedge against currency devaluations.  Furthermore, large industrial consumers face penalties if they do not meet increasing thresholds set for renewable energy use.  Current laws require that at least 20 percent of the nation’s electricity come from non-conventional renewables by the end of 2025, and they include tax exemptions, import duty waivers, and a special trust fund called FODER, created in 2016, to provide subsidized loans and other assistance.

The rapid expansion of the renewable energy sector in the Southern Cone will enable countries to export excess production to their neighbors, facilitated by a robust regulatory framework to facilitate the cross-border trade in energy resources.  In addition, by creating a fully integrated regional market in renewable energy products, a crucial backup is established for resources such as wind and solar power that are inevitably prone to interruptions during the day.  It would also mitigate the impact of droughts on hydro-generated electricity, which are likely to worsen with global climate change.  Accordingly, there are strong incentives to revive efforts begun by MERCOSUR in the late 1990s to integrate energy markets that collapsed with the Argentine energy crisis at the start of the 21st century.  The fact that all the Southern Cone governments are now ideologically aligned in favor of market-oriented economic and investment policies facilitates achieving a regional consensus on energy for the first time.  Governments in the region now need to move beyond the discussion phase to turn all this into a concrete reality.

October 19, 2018

*Thomas Andrew O’Keefe is the President of Mercosur Consulting Group, Ltd. and currently teaches at Stanford University in Palo Alto and Santiago, Chile.

U.S. Immigration: Lacking Lawyers, Newcomers Join the Undocumented

By Dennis Stinchcomb

Immigration court backlog

Pending cases from the Northern Triangle in U.S. immigration courts. These cases now account for over 53% of the total backlog. / Note: FY 2018 data is through July 31. / Data source: TRAC, “Immigration Court Backlog Tool,” http://trac.syr.edu/phptools/immigration/court_backlog/.

As Central Americans swell the backlog of cases in U.S. immigration courts, the tens of thousands of them who do not have lawyers are joining the ranks of the country’s undocumented population.

  • The immigration court system lacks the resources to keep pace with the influx of unaccompanied children and families from the “Northern Triangle” countries of El Salvador, Guatemala, and Honduras. The backlog of cases has more than doubled since 2013 – from 350,000 to over 764,000 as of August – with cases involving people from these three countries now accounting for more than half of them.  The wait for a hearing is now several years, and pro bono or low-cost attorneys are overburdened.
  • Many thousands of other newcomers – lacking information and the ability to overcome linguistic and cultural barriers and fear – are not looking for legal assistance, and they remain unaware that representation is critical to their chances of legally staying in the United States. Migrants without an attorney are far less likely to appear in court, and many – nearly 40 percent (or 103,000) of all Central Americans whose cases were filed in 2013-17 and have been decided– are ordered deported “in absentia” just for failing to appear at a scheduled hearing.  Immigrants with an outstanding removal order who are apprehended are subject to expedited deportation without judicial review, meaning that – again, without a lawyer – they will be returned to their home countries without ever having the legal merit of their claims evaluated.

Nonprofit community-based organizations across the country are mobilizing resources – often in collaboration with local governments and pro bono partners – to address these people’s legal needs, but a report* by CLALS reveals that access to counsel varies widely.

  • Access remains inadequate even in large receiving destinations like the Washington, DC, metropolitan area, where robust legal service infrastructures have developed in response to decades of immigration. In less traditional destinations, like North and South Carolina, only around a quarter of juveniles are represented in immigration proceedings.  In addition to geographical disparities, newcomers face differing odds of securing an attorney depending on their nationality.  Less than half of Central American minors nationwide have an attorney.  Based on a review of decided cases initiated in 2013-17, Salvadoran juveniles were more than twice as likely to be represented than their Guatemalan and Honduran counterparts, probably a reflection of the extent their communities are organized.

President Trump is justified in claiming that the immigration courts are inefficient – cases take an average of almost two years – but his proposal (tweeted on June 24) is to restore “Law and Order” and to “immediately, with no Judges or Court Cases, bring [migrants] back from where they came.”  His deeper dissatisfaction appears to be with a legal process that requires the impartial application of U.S. law – which for the majority of Central Americans fortunate enough to have an attorney results in a grant of legal status.  While this outcome may be unacceptable to the president, many localities across the United States have recognized the social and economic costs of destabilizing families and communities, and of depriving immigrant community members of due process.  Trump may hope that denying due process will dissuade individuals from entering or remaining in the United States, but the crisis in the U.S. immigration adjudication system is likely to remain serious, and tens or even hundreds of thousands more newcomers are likely to join the millions of immigrants already living in the shadows.

October 16, 2018

*The full report, “Newcomer Central American Immigrants’ Access to Legal Services,” is available for download here.  No registration is necessary.  The report is the first in a series generated as part of the project by CLALS in collaboration with the University of Houston, “The Impact of Central American Child and Family Migration on U.S. Communities,” led by Eric Hershberg and Jodi Berger Cardoso.

U.S.-Latin America: Return of Monroe Doctrine

By Stefano Palestini Céspedes* and Fulton Armstrong

U.S. Vice President Mike Pence

U.S. Vice President Mike Pence visited Colombia during his Latin American tour last summer. / White House / Flickr / Creative Commons

The Trump administration’s revival of a vision of U.S.-Latin America relations akin to the Monroe Doctrine is advancing with little pushback from the region.  Since former U.S. Secretary of State Rex Tillerson eight months ago proclaimed that the Monroe Doctrine is “as relevant today as it was the day it was written,” Washington has continued to revive it as a guiding principle that includes limiting the influence of other powers in the hemisphere as well as reserving for itself the right to intervene when it feels its interests are threatened.

  • Tillerson complained that China “is using economic statecraft to pull the region into its orbit” and that Russia’s “growing presence in the region is alarming as well, as it continues to sell arms and military equipment to unfriendly regimes who do not share or respect democratic values.” In August, U.S. Defense Secretary James Mattis renewed the attack on China’s investment of billions in Latin America, claiming that “there is more than one way to lose sovereignty. … It can be with countries that come offering presents and loans.”  Last week, U.S. Vice President Mike Pence repeated his government’s complaint that Latin America is among the regions where China is offering large infrastructure loans that are “opaque at best, and the benefits flow overwhelmingly to Beijing.”
  • Washington has also resorted to cavalier rhetoric regarding its perceived right to intervene in the internal affairs of Latin American countries to advance its interests. At the United Nations in late September, President Trump said, “Here in the Western Hemisphere, we are committed to maintain[ing] our independence from the encroachment of expansionist foreign powers.”  President Trump argued for regime change in Venezuela and repeated that “all options are on the table, [including] the strong ones.”  In the new NAFTA agreement, Washington demanded, and achieved Mexican and Canadian concurrence on, a clause stipulating that the United States could terminate the agreement with six months’ notice if either negotiated a free trade agreement with a “non-market economy” – that is, with China.

Latin American governments’ voices have been thus far muted – perhaps because they are getting used to downplaying Trump’s rhetoric – even though the revival of the Monroe Doctrine is already shaping actual policies.  A hundred years ago, Latin American international lawyers, diplomats, and intellectuals worked hard to transform the Monroe Doctrine from a unilateral doctrine into a multilateral policy able to shape first Pan-American and later Inter-American relations.  Those efforts led to the adoption of hemispheric instruments such as the OAS Charter in 1948 and the Inter-American Democratic Charter in 2001, gradually defining a mutually acceptable approach that strikes a balance between shared hemispheric values and the principle of non-intervention.  After the Cold War, references to the Monroe Doctrine disappeared from public discourse – except to disparage it as the Obama administration did – until the Trump administration revived it.

Today, the forums and organizations that Latin America has used during the last decade to articulate concerns and political responses to U.S. policies are not working.  OAS Secretary General Luis Almagro’s recent declarations that military action to solve the crisis in Venezuela cannot be ruled out, rather than offering a riposte, echoes Trump’s stance.  The Lima Group – which gathers together a group of OAS member states committed to the defense of democracy in Venezuela – pushed back against Almagro’s statements but, importantly, not against the U.S. administration’s policy.  More formal organizations such as UNASUR are not only muted, but actually paralyzed by the inability of its members to reach consensus and solve fundamental discrepancies. 

  • To resist and speak up when confronted with rhetoric and policies with such profound implications as a revitalized Monroe Doctrine is not a matter of politics and economics, but rather a necessary condition for friendly and respectful international relations and the sort of partnership that Latin Americans of all political stripes claim to want with the United States. To articulate such a response, Latin America urgently needs its leaders to think in “regional” and not only “national” terms – to nurture a genuine Inter-American community, not just bilateral relations with Washington.  The odds for such leadership to emerge at this moment do not appear high.  The possible election of a nationalist, xenophobic, and illiberal leader in Brazil may become a further challenge for collective action in the region.

October 12, 2018

* Stefano Palestini Céspedes is an Assistant Professor at the Institute of Political Science, Catholic University of Chile.

Bolivia: Locked in Its Past

By Carlos Malamud*

The International Court of Justice

The International Court of Justice in The Hague. / International Court of Justice / Wikimedia

The International Court of Justice (ICJ)’s rejection of Bolivia’s case against Chile over access to the Pacific Ocean shocked Bolivian public opinion – and was a significant blow to President Evo Morales.  The ICJ judgment, issued on October 1, countered the beliefs of practically every Bolivian, educated since childhood that the Chilean port of Antofagasta was theirs.  In the Bolivians’ calculus, the complaint they brought to The Hague was already a compromise: they didn’t demand new borders or sovereignty, but rather argued that Chile had an obligation to negotiate a settlement.

  • The ICJ’s decision – by a vote of 12 to three – that Chile had no obligation to negotiate underscored, once again, that the Morales government had stirred up unrealistic expectations. While Morales, who was in The Hague for the announcement, declared that “Bolivia will never give up,” his Chilean counterpart, Sebastián Piñera, lamented that the ICJ case “made us waste five years which could have been spent building a healthy relationship between the two countries.”  Nationalism permeated both sides’ positions, but the Chilean government showed greater restraint, even if demonstrators in Antofagasta did show certain triumphalism after the verdict was announced.
  • In terms of politics, Morales was more ambitious preceding the Court’s decision than Piñera. The Bolivian president’s lawsuit wasn’t just about territory; he had the clear political objective of keeping himself in power indefinitely.  Had he won the case in The Hague, his ability to remain in office would have been practically guaranteed – as a national hero and savior for having regained Bolivia’s access to the Pacific Ocean.

The Bolivian government’s rhetoric has hurt its image.  In the week before the verdict was announced, Morales’s vice president, Álvaro García Linera, in his well-established role as mobilizer and opportunist, spoke of “Chilean aggression” and predicted a “major defeat” for Chilean diplomacy at the ICJ.  In his customary paternalistic style, he called for full compliance with the Court’s decision (although he himself did not do so later).  After the decision, Morales acknowledged that the Court said Chile was not obligated to negotiate, but – instead of clearing the way for better relations in the future – renewed his call for negotiations.  The Chilean government is not about to talk about anything unless Bolivia demonstrates that it is serious.  One important move would be for Bolivia to rescind, unilaterally and immediately, the suspension of diplomatic relations with Chile in 1978.

Bolivia’s defeat has already had serious political consequences.  It is a serious blow to the re-election aspirations of Evo Morales in 2019, which he was pursuing despite its unconstitutionality as reinforced by the defeat of a constitutional amendment allowing a third consecutive term in a referendum on February 21, 2016.  It also prompted ex-President Carlos Mesa – a rival with good chances of success – to announce his candidacy in elections next year.  Morales has already lashed out at Mesa, linking him to the “Chilean oligarchy” and speaking of his “betrayal of the fatherland.”

  •  Beyond the ICJ judgment, Bolivia will eventually have to free itself of the isolation – mental as well as geographic – that prevents it from finding better ways of promoting its interests. Bolivia has means – in Peru and Chile toward the Pacific, and in Santa Cruz toward the Atlantic – with which to find solutions and reinforce its potential for growth.  But that entails lowering the flag of nationalism, something that is still unclear they’re prepared to do.

October 10, 2018

*Carlos Malamud is Senior Analyst for Latin America at the Elcano Royal Institute, and Professor of Latin American History at the Universidad Nacional de Educación a Distancia (UNED), Madrid.  A version of this article was originally published in El Heraldo de México.

Brazil: A Moment of Truth

By Barbara dos Santos*

Brazil elections 2018

A group of demonstrators gathered in São Paulo last week to protest Brazilian presidential candidate Jair Bolsonaro and show their support for other candidates like Ciro Gomes. / Mark Hillary / Flickr / Creative Commons

Campaigning for Sunday’s election has brought out deep divisions in Brazilian society and set the stage for an even more divisive runoff later this month.  This week’s polls underscore that, although most voters arguably occupy the center, the right and the left have the strongest candidates.  Populist conservative Jair Bolsonaro (31 percent) has a 10-point lead over Workers Party (PT) latecomer Fernando Haddad (21 percent), who started campaigning only after party standard-bearer “Lula” da Silva definitively pulled out of the race three weeks ago.  But both candidates have high negatives, and the polls suggest that they would be tied in a second round (42 percent each).  Ciro Gomes, of the Democratic Labor Party (PDT), is still hovering around 11 percent, but polls also show that he would beat Bolsonaro (39 to 45 percent) if they face off on October 28.  Everyone else is polling in the single digits.

  • Hate politics has spiked during this campaign, powered by polarization, culture wars, and fake news on social media. Uncivil discourse and even physical violence have increased.  Although Federal Police have concluded that the man who stabbed Bolsonaro last month acted alone, the candidate and allied social media are hyping the incident as a political attack.  Other rumors circulating online are that Haddad’s running mate, Manuela d’Ávila of the Partido Comunista do Brasil, ordered the stabbing (which prompted threats against her.)  A review by the national daily O Estado de São Paulo found that several of Bolsonaro’s campaign themes – defending the death penalty and vigilantism, the use of torture, and past racial cleansing – have fueled aggressive attacks by both opponents and supporters.  One of the leaders of the Facebook group Mulheres Unidas Contra Bolsonaro was assaulted by three men outside her home on September 24; their political views are clear, although their affiliation remains unconfirmed.
  • The emergence of Bolsonaro – who has publicly called women unequal, stupid, and even “too ugly to rape” – shows the stridency of the culture wars now occurring in Brazil. His campaign has also revealed greater tolerance among some sectors for misogyny going far beyond traditional machismo.  It reflects a rejection of the younger generation’s progressive and liberal values of equality and inclusion.  Bolsonaro’s proud refusal to apologize for his remarks suggests confidence that his base sympathizes with his views.

In terms of political institutions, the election is crucial to the future of the PT and the left in Brazil and beyond.  Over its 14 years in power, the party led the country on a path of decreasing inequality, a booming economy, and international prestige as a “global player.”  It all came tumbling down for external and internal reasons:  commodity prices crashed, economic recession set in, and massive corruption scandals led to deep, sustained political crises.  The PT’s opponents have cast the party as the embodiment of all that is wrong with Brazilian society and institutions, and Bolsonaro and others on the right are hoping to deal it a deathblow.  Haddad is running hard, but local observers believe he needs to distance himself more from his party’s past – such as by trying harder to avoid criticizing the judicial processes that landed Lula in jail, advocating a responsible government budget, and more aggressively criticizing Presidents Maduro in Venezuela and Ortega in Nicaragua.

This round of elections is the most important since the re-democratization of Brazil in 1988.  While some democracies around the world are known for tumult and strident campaigning – and may even be able to weather periods of authoritarianism – those that are of more recent vintage and less institutionalized, including Brazil, can break.  A Bolsonaro victory would not necessarily lead the country to military dictatorship, but the acceptance of his authoritarian vision, including his praise for military rule in the past, poses a potentially serious threat to the continuing strengthening of Brazilian democratic institutions.  In an interview last week, he even implied that if he were not elected, he would reject the vote count and claim that PT committed fraud.  Similarly, Haddad would also pose a threat to democratic institutionalization if he does not allow the justice system to handle Lula according to the law.

 October 4, 2018

*Barbara dos Santos is a Ph.D. Candidate in Political Science at the School of Public Affairs at American University.