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

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.

Nicaragua: Might Trump See Opportunity?

By Fulton Armstrong and Eric Hershberg

Donald Trump and Daniel Ortega

U.S. President Donald Trump (left) and Nicaraguan President Daniel Ortega (right). / Flickr (edited) / Creative Commons

There is no evidence that President Trump is contemplating any sort of military action in response to the political conflict in Nicaragua, but precedents set by previous U.S. administrations frustrated with challenges at home and abroad suggest he could conceivably see opportunity in throwing the United States’ diplomatic and military weight to finally boot out a government that Washington has never liked.

  • The White House last week issued its most forceful condemnation yet of the government of President Daniel Ortega for “brutalizing” the Nicaraguan people with “indiscriminate violence” that has resulted in 350 deaths. Vice President Pence recently accused Ortega of “virtually waging war on the Catholic Church.”
  • The Trump team also announced it was increasing U.S. financial support to Ortega’s opponents – adding $1.5 million to an ongoing $30 million annual program to support “democracy and governance.” Visa and financial sanctions have been put in place against three officials the administration blames for human rights violations during the four-month showdown between Ortega and opponents.  The State Department earlier had condemned the violence and issued a warning to U.S. travelers to “reconsider” travel to Nicaragua – another blow to the country’s image and its reeling tourism industry.

But there is pressure on the administration to do more.  U.S. Senator Marco Rubio – widely seen as the most influential congressional voice on U.S. policy toward Latin America – has led the way.  “As Nicaragua follows Venezuela’s dangerous path,” Rubio recently said, “the U.S. should be prepared to take further action with our regional allies to address the threat of Ortega’s regime.”

  • Rubio did not specify what “further action” he desired, and the reference to “regional allies” – all of whom would presumably oppose U.S. military action – may temper options. But President Trump’s own rhetoric, and that of senior officials, suggests the full array of options may be on the table.  In August 2017, the President publicly floated the idea of invading Venezuela to end the years-long crisis there.  According to amply-sourced press reports, National Security Advisor H.R. McMaster and Secretary of State Rex Tillerson opposed the intervention, but both moderating voices have since left the administration.  (Tillerson in February trumpeted the Monroe Doctrine, under which the United States arrogated to itself the right to intervene where it wished, as a guiding principle of U.S. policy for the western hemisphere, saying “it clearly has been a success.”)
  • Subsequent press reports based on purportedly high-level sources indicate that Trump’s invasion comment was not as spontaneous as it appeared; he’d argued with senior staff that military action against Venezuela could be a success as were, he reportedly claimed, the invasions of Grenada (1983) and Panama (1989). Those interventions gave a political bounce to two previous Republican Presidents, Ronald Reagan and George H.W. Bush, respectively, as did President George W. Bush’s wars in Afghanistan and Iraq.  Donald Trump’s polls among his political base are extremely high, and his broader approval rating has risen slightly, but nervousness about the various investigations into his campaign and presidency, and about his prospects in upcoming congressional elections, may tempt him to seek a distraction.

U.S. military action of any kind – albeit a remote possibility at this time – cannot be ruled out entirely.  The Trump administration’s policies have been highly impulsive and, in many analysts’ view, have been driven by political factors rather than considered analysis based on deep knowledge of international affairs.  Ortega has been the bane of two generations of Republicans’ efforts to forge a consistently pro-U.S. Central America, thumbing his nose at Washington repeatedly and even co-opting traditional U.S. allies in Nicaragua such as the business community.  Some analysts’ predictions that Ortega’s control over the electoral apparatus could result in his victory in early elections – a key opposition demand – also may feed Washington perceptions that bolder action is necessary.

  •  With the 72-year-old erstwhile revolutionary on the ropes and resorting to increasingly ugly tactics to remain in power, Ortega may look ripe for toppling with a little nudge from Washington. The intervention need not be a full-fledged invasion, and the pretext need not be elaborate – the Grenada invasion was supposedly a rescue mission for U.S. medical students on the island.  The administration may believe, moreover, that the Nicaraguan military, many of whose officers have appeared more comfortable with a non-partisan institutional role than with backing Ortega to the hilt, would not muster a strong reaction.  It is all hypothetical at this point, but, while Secretary of State Tillerson is gone, perhaps the Monroe Doctrine is not, and there is a long history of Washington’s treating Central America as a convenient place to “send in the Marines.”

August 7, 2018

U.S. Immigration Policy: New Obstacles to Asylum

By Jayesh Rathod*

U.S. Attorney General Jeff Sessions

U.S. Attorney General Jeff Sessions. / Glenn Fawcett / U.S. Customs and Border Patrol / Flickr / Creative Commons

The Trump administration’s decision to reverse established U.S. policy to grant asylum to certain victims of domestic violence increases the importance of – and challenges to – experts called on to demonstrate the credible threat applicants face if denied asylum and deported.  U.S. Attorney General Jeff Sessions on June 11 issued the opinion, which rescinded precedent that had paved the way for survivors of such violence to receive asylum.  More generally, the case – known as Matter of A-B- – creates additional legal roadblocks for asylum applicants who fear harm at the hands of private (non-state) actors, such as gangs and intimate partners.

  • Federal regulations permit the Attorney General to refer immigration cases to himself for decision, in order to revisit a decision of the Board of Immigration Appeals (BIA) and issue a new opinion that creates binding nationwide precedent. Sessions has made frequent use of this special procedure, certifying four cases to himself since the beginning of the year.  Each of these cases is poised to limit the rights and protections afforded to asylum seekers and others facing removal proceedings.  For example, Sessions vacated the BIA’s decision in Matter of E-F-H-L-, which had held that asylum applicants are entitled to a full merits hearing, including the opportunity to present oral testimony. The vacatur opens the door to summary denials by Immigration Judges.

In Matter of A-B-, Sessions explicitly overruled the BIA’s 2014 decision in Matter of A-R-C-G-, which provided a legal road map for asylum-seekers fleeing domestic and gang violence.  Under applicable case law, an applicant – such as a domestic violence survivor or target of gang violence – who fears persecution by a private actor may qualify for asylum, provided they can prove that their home country government is “unable or unwilling” to control the private actor.

  • Courts had previously expressed distinct views on how to interpret this standard, yet most embraced a plain-language reading of “unable or unwilling.” In Matter of A-B-, however, Sessions – in language that many legal scholars judge to be meandering and slightly inconsistent – suggests applicants must meet a higher standard and show “that the government condoned the private actions,” that those actions “can be attributed to the government,” or that the government “demonstrated a complete helplessness to protect the victims.”  Sessions opines that “[n]o country provides its citizens with complete security from private criminal activity,” implying that deficiencies in law enforcement efforts will not necessarily translate into a successful asylum claim.

The unclear language in Matter of A-B- has left some wondering about the precise legal standard that is now in place.  What is certain, however, is that Matter of A-B- presents a smorgasbord of reasons for skeptical immigration judges to deny asylum claims from the Northern Triangle of Central America.  While a CLALS-hosted workshop underscored that country conditions evidence has always been critical to these cases, adjudicators will now pay even closer attention to country experts, and will demand more evidence regarding efforts by home country governments to control private violence, and of the relationship between those governments and private actors.

  • The new requirements stack the deck against asylum-seekers. The governments in the Northern Triangle of Central America – with Washington’s strong financial and political support – have long argued they’re making efforts to curb gang violence.  Before Matter of A-B-, the “unable or unwilling” standard allowed asylum claims to succeed while permitting these governments to save face under the theory that they were trying, albeit imperfectly, to control violent private actors.  By demanding even more unfavorable evidence regarding these home country governments, Matter of A-B- sets up a likely conflict between the legal standard for asylum and the preferred messaging of those governments and the Trump administration.  Facing an array of entrenched interests, it will be difficult for country experts to show that governments commit or condone the violence against asylum-seekers or that authorities are “completely helpless” to protect victims.

July 10, 2018

* Jayesh Rathod is a professor at the Washington College of Law and founding director of the school’s Immigrant Justice Clinic.

U.S.-Latin America: “Zero Tolerance” Makes Zero Progress

By Ernesto Castañeda *

Children and adults stand in a line

Central American migrant children and their parents. / Pride Immigration Law Firm PLLC / Wikimedia

U.S. President Donald Trump’s family separation policies, despite his June 20 executive action ending them, will have long-term negative consequences and will do nothing to stem the flow of migrants into the United States.

  • Hundreds of families remain separated. Families are detained indefinitely for applying for asylum or crossing into the United States.  Political outrage in the United States may be new, but these policies are not.  Millions of families have been separated across U.S. borders for many years.  After growing up without their parents, children who did not originally accompany migrating parents often attempt to reunify with them in the United States, resulting in the increase of unaccompanied minors that we have seen since 2014 and the surge in violence in Central America.
  • The Trump Administration’s policies fail to address the underlying causes of migration – violence, impunity, corruption, and poverty in sending countries and high U.S. demand for low-cost workers – which show no sign of abating. Many Mexicans and Central Americans are fleeing kidnappings, extortions, and death threats as they explain during credible-threat interviews that give them valid claims for asylum.  U.S.-backed militarized responses to drug trafficking have produced much of the violence and corruption in Mexico and Central America, generating asylum-seekers.  Beyond the traditional economic and social reasons, many recent immigrants are escaping violence, as they did during the Mexican Revolution and the political violence in Central America in the 1980s.

Family separation and the detention of unaccompanied minors in shelters are not new practices either.  What was new in recent months was the separation of families that come to the United States seeking asylum.

  • These forced separations cause the children lifelong trauma. The American Psychiatric Association recently stated that “the evidence is clear that this level of trauma also results in serious medical and health consequences for these children and their caregivers.”  Separation inflicts trauma on adults too; parents suffer from being away from their children due to their decision to migrate.

The logic behind “zero tolerance” is to discourage migration by making conditions as miserable as possible for intending migrants – building psychological walls as well as the physical wall that Trump has pledged to build along the border with Mexico.  By ignoring the underlying causes of these movements of people, this approach is not only cruel but unlikely to be successful.  The concern is also misplaced, despite the increasing visibility of refugees and asylum-seekers in the media, as border apprehensions show a steep downward trend.

  •  The U.S. Congress has so far rejected solutions to the issue of family separation, such as creating larger guest worker programs, strengthening asylum courts, passing the DREAM Act, and demilitarizing responses to drug trafficking. Until the underlying causes of migration are addressed, Washington will be squandering its money prosecuting and causing lasting trauma for innocent children and parents.  Contrary to Trump’s claim that immigrants hurt U.S. culture, my research shows that immigrants are skillful at integrating into American life.  New pathways for legal immigration are the only way ahead to reduce undocumented migration.

 July 3, 2018

 * Ernesto Castañeda is an Assistant Professor of Sociology at American University and author of A Place to Call Home: Immigrant Exclusion and Urban Belonging in New York, Paris, and Barcelona (Stanford, 2018).

Honduras: MACCIH at Two Years

By Charles T. Call*

Photo of MACCIH and OAS representatives holding a banner with OAS logo

MACCIH and OAS representatives /Flickr / Creative Commons

Halfway through its four-year mandate, the Mission in Support of the Fight against Corruption and Impunity in Honduras (MACCIH) has scored some important successes but confronts growing sabotage from segments of Honduras’s political elite determined to undermine the Mission’s work.

  • After months of negotiation, President Juan Orlando Hernández – under intense political pressure because of his campaign’s role in a scandal involving $330 million stolen from the country’s Institute of Social Security – and OAS Secretary General Luis Almagro agreed to form MACCIH, and the Honduran Congress approved it in April 2016. The broad purpose was “to pursue a comprehensive approach to fighting corruption and impunity in Honduras by strengthening the institutional system and increasing civil society participation.”
  • Although inspired by the UN-backed International Commission against Impunity in Guatemala (CICIG), MACCIH was not given the same power as CICIG to “co-prosecute” cases with the Attorney General’s office. In the name of strengthening national institutions, only Honduran prosecutors could indict and prosecute cases.  The OAS’s weakness (compared to the UN) and the configuration of MACCIH – with four in-country coordinators operating under confusing allegiances and with smaller staffs and budgets than CICIG – were also problems.  The organization’s dispersed mandates also detracted from the central outcome desired by the population – corrupt top officials in jail.

Nevertheless, MACCIH got off to a strong, if slow, start.  Just six months after its launching, it contributed to a new “Clean Politics Law” that increased transparency of election financing and created a unit within the Supreme Electoral Tribunal to monitor and report on infractions.  MACCIH also worked with the Inspector General to discontinue the practice of “conciliation” in corruption cases, whereby charges could be reduced or dropped if officials returned the stolen goods.

  • The Mission also made headway on high-profile cases that it selected, including the convictions of two ex-Vice Ministers, a Judicial Council magistrate, and nine others. It gained indictments in its two highest-profile cases – against five congressional deputies and against former First Lady Rosa Elena de Lobo.  These cases, and this month’s “Pandora” case implicating several current former legislators and officials, sent a message that top elected officials were not immune from prosecution.  The government’s new Special Prosecutorial Unit against Impunity for Corruption (UFECIC), reporting directly to Attorney-General Óscar Chinchilla, proved an effective partner.

Especially since elections last November – whose process and outcome were widely questioned – the government and political elites have redoubled efforts to clip MACCIH’s wings in multiple underhanded ways.  The Congress has failed to act on important laws and, more blatantly, passed what was dubbed the “Impunity Pact,” which effectively blocked MACCIH’s jurisdiction over congressional misdeeds and postponed any prosecutorial action for misuse of funds until the High Court of Auditors finishes an investigation likely to take three years.

  • President Hernández is part of the whole-of-government campaign to undermine MACCIH. For three months, he sat on the nomination of Brazilian former prosecutor Luis Antonio Marrey Guimarães, nominated by the OAS to head MACCIH after Special Representative Jiménez Mayor resigned in February, before approving it this week.  The future of MACCIH was further clouded by a ruling in May by the Constitutional Chamber of the Supreme Court, on a case brought by members of Congress, finding that a 2017 agreement creating UFECIC was unconstitutional.

Given the judicial, legislative, and executive assaults on its powers, MACCIH confronts serious challenges as it commences its third year of operations. Special Representative and Spokesperson, OAS Secretary General Almagro appears reluctant to permit an autonomous head of mission.  Despite declarations of support, the United States and other funders are showing skepticism over MACCIH’s viability, complicating efforts to move forward and recruit for many key positions.

Most importantly, even if MACCIH survives legal challenges and its powers to investigate congressional corruption are reinstated, its success depends crucially on the Attorney-General selected to succeed Chinchilla, whose five-year term expires in September. Now that the governing party has flexed its muscles in the courts and Congress, the Public Ministry remains one of the very few potential checks on executive power – and central to the success of MACCIH and other anti-corruption efforts.  If the United States and other donors continue to believe that Honduras needs to reduce corruption and give democratic rule a fighting chance, they need to step up their diplomatic support for an independent Attorney-General and functional MACCIH.

 June 21, 2018

* Chuck Call teaches International Peace and Conflict Resolution at American University, where he directs a Center for Latin American & Latino Studies project analyzing MACCIH and anti-corruption efforts in Honduras. A report from that project, launched at a public event in Tegucigalpa on June 21, is available HERE.

A Summit in Search of the Americas

By Carlos Malamud*

A large round table encompasses a room with various heads of state from the Americas

Last week’s Summit of the Americas in Lima, Peru. / U.S. State Department / Public Domain

The Summit of the Americas in Lima last weekend has left its organizers and principal participants with a bittersweet feeling, leaning to the bitter.  The absence of Donald Trump, Raúl Castro, and Nicolás Maduro reflects only the existing difficulties.  The bigger problems relate to the impossibility of achieving general consensus about the big hemispheric issues, such as corruption or Venezuela, and – of even greater concern – the lack of clarity and substance of the Latin America policy of the United States.

  • The Summits initially were linked to Washington’s efforts to create the Free Trade Area of the Americas (FTAA), but since that project’s failure they have represented the United States’ ongoing interest in Latin America and the Caribbean. That explains why, since the Summit process was created in 1994, no resident of the White House has missed a Summit – regardless of how complicated national and international situations have been.  That was until Donald Trump gave priority to the conflict in Syria over his relationship with Latin American counterparts.

The disturbing thing is not just Trump’s conflict with Mexico, or his hostility toward Cuba and Venezuela.  Neither is the deterioration of the image of the United States in Latin America since President Obama’s term ended.  The fundamental problem is the lack of clear indications from the Trump Administration about its intentions and objectives in the region.  This is the case even with the closest countries.  For example, several South American countries’ exports to the United States could be affected by the trade war between Beijing and Washington.  But no one has clear answers about the policies driving these events, and no one is taking steps to reduce the impact of them or of Washington’s lack of policy.

  • Even though the official theme of the Summit was “Democratic Governance against Corruption,” it was impossible for the participants to go beyond good words and advance any global solutions. Without a doubt, this is good evidence of the weakness of regional integration.  In their Final Declaration, the leaders were unable to include either a condemnation of Venezuela or a call to disregard its Presidential elections on May 20.  Instead, what we got was a statement by the Grupo de Lima plus the United States expressing extreme concern for the situation in Venezuela.  Despite the decline of the Bolivarian project and Maduro’s isolation, Bolivia, Cuba and some Caribbean states dependent for oil on Petrocaribe remain capable of blocking hemispheric consensus.

This probably will not be the last Summit of the Americas, but future of these hemispheric meetings depends in great part on the capacity of the governments in the hemisphere, beginning with the United Sates, to redefine continental relations and find anew the essence of the Americas.  This means more than just responding to the growing Chinese role; it means putting on the table the real problems that affect the continent and going beyond mere rhetoric about them.  For now, with hemispheric relations buffeted by the unpredictable slams issuing in the form of Trump’s tweets, it will be difficult to get there.

April 17, 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.

Latin America: Evangelical Churches Gaining Influence

By Carlos Malamud*

Five people stand up in front of a screen with their arms raised

The evangelical political party Partido Encuentro Social (PES) held a rally earlier this month in Mexico City. / Twitter: @PESoficialPPN / Creative Commons

The line between religion and politics is getting increasingly blurred in Latin America as evangelical churches grow in strength and candidates try to curry the support of – or at least avoid confrontation with – the faithful.  Tensions over mixing religion and politics have historic roots in Europe and Latin America and persisted throughout the 20th century, but we are witnessing a new phenomenon in Latin America now.  In much of the region, evangelical churches are showing an increased political presence and institutional representation in partisan politics.

  • In Mexico, the secular Movimiento de Regeneración Nacional (MORENA) and the Partido del Trabajo (PT) have struck an alliance with the evangelical Partido Encuentro Social (PES) to back presidential candidate Andrés Manuel López Obrador. Guatemalan President Jimmy Morales is an evangelical, and Costa Rica – if current polls prove correct – could soon have Fabricio Alvarado, an evangelical pastor, as President.  In Brazil, presidential aspirant Jair Bolsonaro has been building popular support by, among other things, appealing to the an evangelical base, even though most Brazilian evangelical churches aren’t reaching for executive power but rather support parties concentrated on building local, provincial, and congressional influence.
  • The evangelical churches’ membership has grown steadily but unevenly in recent decades. About 20 percent of all Latin Americans are evangelicals.  In Mexico, they account for more than 10 percent of the population.  In Peru, Ecuador, Colombia, Venezuela, Argentina, and Panama, observers estimate more than 15 percent.  In Brazil and Costa Rica, the number reaches 20 percent, while in Guatemala, Honduras, and Nicaragua it surpasses 40 percent.

The evangelical churches’ political agenda is centered on defense of family values – basically opposition to abortion, same-sex marriage, divorce, euthanasia, and what they erroneously call “gender ideology.”  On these topics on certain occasions, there’s a striking convergence with the Catholic hierarchy, Social-Christians, and conservative parties.  The evangelicals do not usually take positions, however, on other issues in which the government has a strong role, such as the economy or international relations.

The evangelical phenomenon reflects a double dynamic:  the unstoppable surge in non-Catholic faithful poses an enormous challenge for the region’s deeply rooted bishops conferences, and the growing distrust for political leaders and parties has facilitated the emergence of new options, including evangelicals, with barely articulated platforms.  The faithful who profess the tenets of evangelicalism are disciplined, and pastors’ positions have a lot of influence over them.  Even if not linked directly to candidates through the parties, voters’ evangelical affiliation and their churches’ recommendations have a strong influence over them.  The evangelical vote, moreover, is highly desired by all candidates and at least indirectly influences campaigns.  Candidates in Colombia, Brazil, or Mexico, as in other Latin American countries, are making that increasingly obvious as elections approach.

March 20, 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.

U.S.-Latin America: Lack of Vision from Washington Didn’t Start with Trump

By Thomas Andrew O’Keefe*

A group of representatives from Latin America and China stand in a group

The Community of Latin American and Caribbean States (CELAC) hosted representatives from China in late January 2018. / Cancillería del Ecuador / Flickr / Creative Commons

U.S. leadership in the hemisphere has declined significantly over the past two decades – manifested in Washington’s inability to implement a comprehensive environmental and energy strategy for the Americas; conclude a hemispheric trade accord; revitalize the inter-American system; and stem the rising tide of Chinese influence.  In a recently published book, I argue that Washington under Presidents George W. Bush (2001-2009), Barack Obama (2009-2017), and now Donald Trump has lacked vision in Latin America and the Caribbean, and has allowed a narrow security agenda to dominate.  The most noteworthy accomplishment – the assertion of central government control in Colombia – was largely bankrolled by the Colombians themselves who also devised most of the strategy to achieve that goal.

  • President Obama’s rhetoric was the loftiest, and his opening to Cuba in 2014 changed regional perceptions of Washington. But he got off to a slow start, entering office when the United States was engulfed in the worst economic crisis since the Great Depression.  His ability to devise a bold new policy for the Western Hemisphere was further stymied by an intransigent Republican majority in both the Senate and House of Representatives after the 2010 mid-term legislative elections.

Washington’s inability or unwillingness to act is most obvious in four key areas.

  • The Energy and Climate Partnership of the Americas (ECPA) represented an opportunity for leadership on environmental issues. The United States proposed many ECPA initiatives but did not fund them, expecting the private sector or other governments to step up to the plate – which failed to happen in any significant manner.  Failure to ratify the Kyoto Protocol or enact meaningful national climate change legislation also undermined its moral authority on the issue.  Carbon offset programs would have provided an important boost to ECPA.
  • Although the United States played a predominant role in devising the parameters for a Free Trade Area of the Americas, its own positions caused it to fail. It refused to give up the options to re-impose tariffs in response to alleged dumping even if there were alternative means (such as competition policy) to redress the impact of unfair trade practices.  Washington kept discussion of the highly distortive impact of its agricultural subsidies out of the talks.  As a result, the United States was unable to offer meaningful concessions.
  • The Organization of American States (OAS) has also been a victim of U.S. neglect. Washington has pulled back from exerting leadership and, on occasion, has delayed payments of its dues.  The most effective component of the inter-American system relates to the promotion and protection of human rights, but the U.S. Senate has never ratified the American Convention on Human Rights.  The United States also rejects the binding character of decisions from the Inter-American Commission on Human Rights, opening the way for governments with deplorable human rights records to question its work.  Latin American and Caribbean governments have also shown enthusiasm for forming alternative institutions to the OAS, such as the Community of Latin American and Caribbean States (CELAC), which purposefully exclude the United States.
  • China is now the largest trading partner for many South American nations, and it could conceivably replace Washington’s influence and leadership in at least some areas, including models for economic and political reform. The boom in South American commodity exports to China allowed governments to build up their reserves, pay off debts, and liberate themselves from dependence on multilateral lending agencies centered on Washington.  Chinese banks now contribute more money, on an annual basis, to economic development projects in Latin America and the Caribbean than do traditional lenders such as the World Bank and the Inter-American Development Bank.  Moreover, this lending comes free of the conditionalities often attached to capital provided by Washington based multilateral institutions.  China’s role in building ports and telecommunication systems gives it an intelligence advantage, and arms sales have given China military influence as well.

While broad policies and political commitment behind them have been lacking, Washington has run a number of security programs in the region.  This focus, however, has often turned out to be problematic.  The Mérida Initiative, the Central American Regional Security Initiative (CARSI), and the Caribbean Basin Security Initiative (CBSI) did not resolve the myriad root causes of the drug trade and escalating violence in the beneficiary countries.  They were myopically fixated on a narrow, short-term security agenda with precarious and uncertain funding streams.  While Pathways to Prosperity and 100,000 Strong in the Americas exemplify American liberal idealism at its best, the lack of an overarching sense of purpose and political consensus behind them have led to both being woefully underfunded.  A vision for the Americas doesn’t guarantee Washington will have positive influence, but the lack of one will indeed prolong its decline.

March 16, 2018

*Thomas Andrew O’Keefe is the President of Mercosur Consulting Group, Ltd.  This article is based on his new book, Bush II, Obama, and the Decline of U.S. Hegemony in the Western Hemisphere (Routledge, 2018).