El Salvador: End of TPS Will Challenge Government and Society

By Jayesh Rathod and Dennis Stinchcomb

People wade through knee-deep water

Flooding in Jiquilisco, El Salvador / Global Water Partnership / Flickr / Creative Commons

The Trump Administration’s end of Temporary Protected Status for Salvadorans in the United States next year potentially will drop some 200,000 people into an environment in which basic needs, including personal security, cannot be met.  TPS for Salvadorans was first granted in 2001 after earthquakes caused “environmental disaster and substantial disruption of living conditions,” but subsequent 18-month extensions have been based on a broad range of factors.  On 11 occasions over the past 16 years, Washington has cited the lack of infrastructure, food, housing, and health care and slow economic growth as reasons for continuing TPS for Salvadorans.  Violence, corruption, and impunity as well as limited state capacity to combat them were also key reasons.  Statements by the Department of Homeland Security (DHS) announcing the policy change this week make limited mention of these factors, but numerous experts, including those contributing to a recent joint report by CLALS, The Washington College of Law, and the Instituto Centroamericano de Estudios Fiscales (ICEFI), concluded that El Salvador remains unable to adequately handle the return of its nationals.

  • Despite a decline in its national homicide rate, El Salvador remains the most violent country in the hemisphere. While the government espouses a narrative of progress, other indicators make clear that improvement on the security front has been limited, if not altogether absent.  Extraordinary security measures have coincided with increased allegations of extrajudicial killings perpetrated by both security officers and civilian self-defense groups.  Citizens’ pursuit of safety has made El Salvador the second-ranking country in the world of new displacements relative to population size.  Widespread corruption and weak rule of law contribute to impunity and abuse.
  • El Salvador remains extremely vulnerable to natural disasters – experiencing three major earthquakes since July 2016 and deadly torrential rains throughout 2017. El Salvador consistently remains Central America’s slowest growing economy, and under-employment affects more than one quarter of the labor force.  (That percentage will increase to roughly a third if TPS beneficiaries return to their homeland.)  The country has the highest deficit in adequate drinking water in the region.  Six out of 10 families who live there lack adequate housing.

The Salvadoran government is trying to put the best possible face on decision to terminate TPS, which it had previously lobbied against forcefully.  On January 8, the Foreign Ministry expressed “thanks to the government of the United States” for “postponing” the end of TPS for 18 months because it acknowledged the contribution of Salvadorans to the U.S. economy, culture, and society.  The government also thanked various non-governmental actors for supporting the “renewal” of TPS.  In closing, however, the government reiterated its commitment to push “alternatives” in the U.S. Congress that would promote Salvadorans’ “migratory stability” in the United States.

  • Think tanks and humanitarian organizations in Washington have condemned the Trump measure. The Washington Office on Latin America (WOLA) said ending TPS is a “senseless and inhumane policy.”  The Inter-American Dialogue notes that the Salvadoran MS-13 gang – one of President Trump’s most-stated enemies – will be a “primary beneficiary.”  Some fear that returnees, because of their perceived wealth, will be targets for extortion and other criminal activity at the hands of gangs.  A number of observers say that the resulting increase in instability in El Salvador will trigger more illegal migration into the United States.

Ending TPS for Salvadorans casts a shadow of uncertainty over the lives of 200,000 law-abiding, tax-paying migrants – half of whom have lived in the United States for more than 20 years and a third of whom have homes with mortgages, according to estimates.  That same uncertainty extends to TPS beneficiaries’ families, which include 192,000 U.S. citizen children. The Salvadoran government’s statement dodges the key issues of whether it can accommodate the influx of returnees and the loss of a significant portion of the roughly $4.5 billion (equivalent to 17 percent of El Salvador’s GDP) they send home each year.  There is no evidence that it can provide even basic protection for the returnees.  The Foreign Ministry’s unctuous thanks for Washington’s “extension” of TPS until the Salvadorans lose their status in 18 months suggests a mysterious confidence that the U.S. Congress will carve out exceptions for its compatriots in the United States.  However desirable that scenario might be, there’s precious little evidence that the U.S. legislature’s current leaders, who have shown support for most of Trump’s anti-migrant agenda, will help avoid the train wreck that Trump has now set in motion.

Click here for an in-depth review published by CLALS, The Washington College of Law, and ICEFI on the rationale behind TPS since 2001 and continuing need for protection.

January 10, 2018

2017: Happy New Year in Latin America?

By Eric Hershberg and Fulton Armstrong

posse_de_michel_temer_3

Brazilian President Michel Temer surrounded by members of his party in mid-2016. His government will continue to face questions of legitimacy in 2017. / Valter Campanato / Agência Brasil / Wikimedia / Creative Commons

The year 2016 laid down a series of challenges for Latin America in the new year – not the least of which will be adapting to a radically different administration in Washington.  Last year saw some important achievements, including an elusive peace agreement in Colombia ending the region’s oldest insurgency.  Several countries shifted politically, eroding the “pink tide” that affected much of the region over the past decade or so, but the durability and legitimacy of the ensuing administrations will hinge on their capacity to achieve policy successes that improve the well-being of the citizenry.  The legitimacy of Brazil’s change of government remains highly contested.  Except in Venezuela, where President Maduro clung to power by an ever-fraying thread, the left-leaning ALBA countries remained largely stable, but the hollowing out of democratic institutions in those settings is a cause for legitimate concern.  Across Latin America and the Caribbean, internal challenges, uncertainties in the world economy, and potentially large shifts in U.S. policy make straight-line predictions for 2017 risky.

  • Latin America’s two largest countries are in a tailspin. The full impact of Brazil’s political and economic crises has yet to be fully felt in and outside the country.  President Dilma’s impeachment and continuing revelations of corruption among the new ruling party and its allies have left the continent’s biggest country badly damaged, with profound implications that extend well beyond its borders.  Mexican President Peña Nieto saw his authority steadily diminish throughout the course of the past year, unable to deal with (and by some accounts complicit in) the most fundamental issues of violence, such as the disappearance of 43 students in 2014.  The reform agenda he promised has fizzled, and looking ahead he faces a long period as a lame duck – elections are not scheduled until mid-2018.
  • The “Northern Triangle” of Central America lurches from crisis to crisis. As violence and crime tears his country apart, Honduran President Hernández has devoted his energies to legalizing his efforts to gain a second term as president.  Guatemala’s successful experiment channeling international expertise into strengthening its judicial system’s ability to investigate and prosecute corrupt officials is threatened by a weakening of political resolve to make it work, as elites push back while civil society has lost the momentum that enabled it to bring down the government of President Pérez Molina in 2015.  El Salvador, which has witnessed modest strides forward in dealing with its profound corruption problems, remains wracked with violence, plagued by economic stagnation, and bereft of decisive leadership.
  • Venezuela stands alone in the depth of its regime-threatening crisis, from which the path back to stability and prosperity is neither apparent nor likely. The election of right-leaning governments in Argentina (in late 2015) and Peru (in mid-2016) – with Presidents Macri and Kuczynski – has given rise to expectations of reforms and prosperity, but it’s unclear whether their policies will deliver the sort of change people sought.  Bolivian President Morales, Ecuadoran President Correa, and Nicaraguan President Ortega have satisfied some important popular needs, but they have arrayed the levers of power to thwart opposition challenges and weakened democratic institutional mechanisms.
  • As Cuban President Raúl Castro begins his final year in office next month, the credibility of his government and his successors – who still remain largely in the shadows – will depend in part on whether the party’s hesitant, partial economic reforms manage to overcome persistent stagnation and dissuade the country’s most promising professionals from leaving the island. Haiti’s President-elect Jovenel Moise will take office on February 7 after winning a convincing 55 percent of the vote, but there’s no indication he will be any different from his ineffective predecessors.

However voluble the region’s internal challenges – and how uncertain external demand for Latin American commodities and the interest rates applied to Latin American debt – the policies of incoming U.S. President Donald Trump introduce the greatest unknown variables into any scenarios for 2017.  In the last couple years, President Obama began fulfilling his promise at the 2009 Summit of the Americas in Trinidad and Tobago to “be there as a friend and partner” and seek “engagement … that is based on mutual respect and equality.”  His opening to Cuba was an eloquent expression of the U.S. disposition to update its policies toward the whole region, even while it was not always reflected in its approach to political dynamics in specific Latin American countries.

 Trump’s rhetoric, in contrast, has already undermined efforts to rebuild the image of the United States and convince Latin Americans of the sincerity of Washington’s desire for partnership.  His rejection of the Trans-Pacific Partnership – more categorical than losing candidate Hillary Clinton’s cautious words of skepticism about the accord – has already closed one possible path toward deepened ties with some of the region’s leading, market-oriented economies.  His threat to deport millions of undocumented migrants back to Mexico and Central America, where there is undoubtedly no capacity to handle a large number of returnees, has struck fear in the hearts of vulnerable communities and governments.  The region has survived previous periods of U.S. neglect and aggression in the past, and its strengthened ties with Asia and Europe will help cushion any impacts of shifts in U.S. engagement.  But the now-threatened vision of cooperation has arguably helped drive change of benefit to all.  Insofar as Washington changes gears and Latin Americans throw up their hands in dismay, the region will be thrust into the dilemma of trying to adjust yet again or to set off on its own course as ALBA and others have long espoused.

 January 4, 2017

Venezuela: Running Out the Clock in 2016

By Michael McCarthy*

venezuela-military

A military exercise in Caracas, Venezuela. The Venezuelan military remains tolerant, if not actively supportive, of President Nicolás Maduro’s government. / Cancilleria del Ecuador / Flickr / Creative Commons

Despite continuing high tensions in Venezuela, neither President Nicolás Maduro nor the opposition appears likely to gain an upper hand in their years-long confrontation over the next couple months.  Venebarómetro polls buttress press reports and observers’ impressions that the opposition is slowly making gains, but support for the government – while extremely low – has stabilized.  A plan to reschedule 2017 debt owed by the national oil company will probably give the administration some breathing room, especially if oil prices continue to recover – a more likely scenario thanks to OPEC’s announced production cut agreement.
  • The very high turnout for the opposition’s Toma de Caracas demonstration on September 1, which mobilized hundreds of thousands of people, showed the depth of support for the anti-Maduro platform. The Electoral Tribunal’s announcement last week of onerous requirements on the opposition to schedule a referendum to recall Maduro (requiring, for example, the signatures of 20 percent of residents of all states, rather than nationally) rekindled opposition anger and unity.  A Venebarómetro poll earlier this month showed that 90 percent of Venezuelans view their overall situation negatively, and 71 percent support Maduro’s immediate resignation, but that only roughly 50 percent identify with the opposition.  The Mesa de Unidad opposition coalition is under great pressure to satisfy different constituencies – promoting street mobilization and pursuing dialogue at the same time – even when these initiatives seem at counter purposes.  Hamstrung by coalitional politics, anti-Maduro forces have not shown the cunning needed to force a course reversal from the Electoral Tribunal.
  • While Maduro’s popular support remains extremely low (22 percent), an internal party revolt against him appears unlikely. The government’s big push for a deal under which PDVSA creditors would swap debt coming due in 2017 for generous new 2020 bonds is making headway, according to the press.  Enhanced short-term liquidity may result in increased imports, a development which cannot come soon enough for a government that faces a restive population that has seen quality of life deteriorate dramatically during the crisis.

The common wisdom that the military is at least tolerant, if not actively supportive, of Maduro still stands.  Armed Forces chief Vladimir Padrino López showed an independent streak during last December’s Parliamentary election but this has not translated into a public rivalry with Maduro.  He moved into the spotlight when Maduro tasked the military with taking charge of food distribution, but he has since kept a lower profile.  Other senior commanders’ political leanings are even more difficult to discern.  Appealing to the military is a key element of the opposition’s current strategy, but there are still no signs of an increase in the institution’s willingness to press Maduro to step down or even change policies.

Maduro’s time-buying strategy looks likely to prevail for now.  His repressive tactics toward the opposition – keeping pressure on while occasionally offering negotiations, prisoner releases, and other gestures – are gaining the government time but failing to address any of the underlying causes of the ongoing crisis.  The debt swap is also a palliative that only delays the implementation of major reforms.  Popular unrest, political instability, and even violence are the factors that might conceivably persuade the military that its support and patience are misplaced.  However, with the world watching, most of the opposition leadership wants to play by constitutional rules.  Those who consider the chances of success justify the human price of further ramping up protests may see their hand strengthened if government obstructionism kills the referendum this year.  Few Venezuelans, moreover, view possible talks with the Vatican and the United States as likely to produce a breakthrough.  Even if the government alleviates the pain a bit to generate some Christmas cheer, the country will wake up with a terrible national hangover in 2017.

September 30, 2016

* Michael McCarthy is a Research Fellow with the Center for Latin American and Latino Studies.  He is international associate for Venebarómetro polling and publishes Caracas Wire, a newsletter on Venezuela and South America.

Social Science that Matters: Pérez Sáinz on Latin America’s Inequalities

By Eric Hershberg

Image courtesy of FLACSO-Costa Rica

Latin America has made important advances dealing with income inequality over the past decade, but sustaining this modest progress requires a deeper grasp of its underlying causes.  Since Princeton sociologists Miguel Centeno and Kelly Hoffman in 2003 published their provocative article “The Lopsided Continent” probing Latin America’s infelicitous distinction as the region with the most unequal income distribution, the GINI coefficients – indicators of the gap between rich and poor – have declined in a number of Latin American countries.  Most of the advances, which admittedly appear tenuous and were slowed by the Great Recession of 2008-2009, can be traced to the expansion of secondary education and, particularly in countries governed by the left, unprecedented investments in social programs that have benefited the most disadvantaged sectors of the population.  Even now, however, income distribution in the region remains as unequal as anywhere on the planet – sapping productivity by depriving populations of opportunities to upgrade skills that could be deployed in knowledge-intensive economic activities.  Inequality also provokes social dislocations that undermine the welfare of the poor and non-poor alike, place burdens on over-extended state institutions and generate pathologies, such as crime, that undermine economic performance.  Moreover, the task of sustaining democratic political regimes is rendered much more difficult.

A new book by Juan Pablo Pérez Sáinz, a sociologist at the Latin American Faculty of Social Sciences (FLACSO) in Costa Rica, takes a fresh look at the dynamics of unequal power that influence how the fruits of economic activity become concentrated in some individuals and social groups – and remain beyond the reach of large swathes of a country’s inhabitants.  MERCADOS Y BÁRBAROS: La persistencia de las desigualdades de excedente en América Latina is in my view a landmark contribution to the sociological literature, and it identifies four intertwined processes that account for the disempowerment of important segments of the population, often characterized by subordinate status associated with gender, race, ethnicity or region.

  • The prevalence of precarious employment in labor markets, as a result of which people are condemned to toil endlessly but never enjoy the benefits of having a stable job.
  • The impossibility for most small-landholders or petty entrepreneurs to accumulate capital that might enable them to invest in the future of themselves, their families and their communities.
  • The weakness or absence of state institutions that might contribute to forging social citizenship encompassing all of a country’s inhabitants, the result of which is that vulnerable individuals and communities are left to fend entirely for themselves.
  • The overwhelming weight in Latin America of social categorizations – motivated by pervasive sexism, racism, ethnocentrism and xenophobia – that define excluded populations as less deserving of rights and opportunities than others.

If societies are to be expected to invest in social science, then it is reasonable to expect that social scientists strive to illuminate the underlying roots of their greatest challenges, such as the yawning inequalities in Latin America, and the sources of their persistence over time.  Through his historically informed and empirically rich analysis, drawing on theoretical insights from Marxian traditions and from the work of sociologists such as the late Charles Tilly, Pérez Sáinz has made an invaluable contribution to intellectual debates about inequality which should inform efforts to consolidate the modest gains we have seen in Latin America and thus help the region outgrow its enduring legacy of debilitating inequality.

December 4, 2014

El Salvador: The Maras, Community Action, and Social Exclusion

By Mario Zetino Duarte, Larissa Brioso, and Margarita Montoya

Photo Courtesy of FLACSO-El Salvador

Photo Courtesy of FLACSO-El Salvador

Maras and gangs in El Salvador have become social actors with great power in communities suffering from a high level of social exclusion. They have been linked to violence and organized crime, and they have been blamed for the highest number of homicides, organized criminal actions, and the generalized insecurity in which the country lives. They have brought a sense of isolation to the communities in which they live, as well as a reputation that increases the communities’ exclusion. According to a study being conducted in crime-ridden communities of Santa Tecla (near San Salvador) and Sonsonate (64 km. west of the capital), the maras’ power derives from their ability to cause fear and terror among inhabitants as a result of their effective and organized criminal actions. Their influence has a strong psychological impact and broad influence over people’s lives. The criminal activities of the gangs in the community are generally rejected by inhabitants because they put families at risk, make neighborhoods the target of police operations, and taint both the community and its residents socially – making it hard for people to get or keep jobs.

Nonetheless, many citizens in these communities have a positive assessment of the maras when it comes to providing important neighborhood security, due to a lack of national or local authority. In Santa Tecla and Sonsonate, the Salvadoran government, the municipality, international organizations, and other institutions have invested heavily in programs to stem the tide of mara violence, with mixed results. These communities suffer from low levels of employment, education, and social security, particularly among women. Afraid of retribution, citizens in these communities do not turn to state institutions to report crimes or to request protection, and they instead approach the maras to take actions regarding conflicts with neighbors and situations related to domestic violence. The void in institutional services, which has been permanent in some communities, is being filled by the maras and their members, making them the primary support for the local Asociaciones de Desarrollo and implementers of development plans.

Changes in the community philosophy of the National Civilian Police (PNC) in one of the communities of the study offers a useful example of how new approaches can help improve citizens’ lives. The PNC’s new approach to the community and its underlying social and security problems has also led to the evolution of the maras’ role as community actors and their legitimacy in the people’s eyes, primarily based on the fear they instill. This has benefited some communities.  Likewise, international cooperation – which has played an essential role – and the recent implementation of community policing practices as a model within the national security strategy to reduce gang criminality have driven debate on how communities can confront violence and crime in a sustained manner. The problems are far from resolved, but the gangs, the police, and the state each appear to be redefining strategies and roles. It remains to be seen whether these actions are sustainable and applicable in other territories – and whether the maras’ involvement in development programs can help create conditions for citizens to cope with the violence and social exclusion that plague their communities.

* Mario Zetino Duarte, Larissa Brioso, and Margarita Montoya are researchers at FLACSO-El Salvador.  Their study is funded by the International Development Research Centre.

Venezuela: Vicious Cycle Continues

By CLALS Staff

Photo Credit: Cancillería Ecuador / Flickr / Creative Commons Attribution 2.0 Generic (CC BY 2.0)

Photo Credit: Cancillería Ecuador / Flickr / Creative Commons Attribution 2.0 Generic (CC BY 2.0)

UNASUR has shown energy and flexibility as a facilitator during the Venezuela crisis, but neither the government, nor its opponents, nor the opposition’s allies in Washington have matched it – prolonging the vicious cycle that’s been plaguing the country for years.  Speaking as UNASUR, the foreign ministers of Colombia, Brazil and Ecuador reflected the continent’s frustration when they threw up their hands this week and left Caracas after another failed attempt to get a national dialogue on track.  Their statements represented a balance between the UNASUR members that are generally perceived as tolerant of the Venezuelan government’s “Bolivarian” revolution and those perceived as opposing it.  They reiterated calls, issued officially in Suriname on 16 May, for both sides to “achieve a broad dialogue that permits Venezuelans, without interference, to reach an accord that guarantees peaceful coexistence and stability in the country.”

The government, opposition and Washington have not heeded the appeal by UNASUR and the Vatican’s nuncio to be constructive and patient.  The government’s attack on opposition and student camps in early May and subsequent arrest of more than 200 protestors highlighted the authoritarian tendencies that have given momentum to the demonstrations.  The Mesa de Unidad Democrática (MUD), representing important sectors of the opposition, gave the foreign ministers yet another list of demands – including a Truth Commission investigating rights violations (and not headed by the pro-government president of the National Assembly, Diosdado Cabello) and the selection of an entirely new National Elections Council.  The MUD’s executive secretary declared that he has no interest in participating in a peña or chit-chat session, and said, “The ball is in the government’s court.”  Although U.S. Assistant Secretary Roberta Jacobson said during a hearing that sanctions were premature (a statement that she attributed to “confusion”), the foreign affairs committees in both house of the U.S. Congress – without objection from the Obama Administration – have passed bills authorizing an array of punitive measures against Venezuelan officials.  The legislation also authorizes an additional $15 million dollars in aid to the government’s opponents.

The less overtly political agenda that first sparked the protests in February – soaring crime rates, rocketing inflation, and shortages of basic goods and services – has been overshadowed by the shouts of opposition leaders eager to force President Maduro from office and by Maduro’s defenses from the plotting against him.  Demands that Maduro negotiate with a foreign-funded opposition that has as its clear goal his removal as constitutionally legitimate president – something no head of state in the hemisphere would accept – naturally keep his bases on edge.  Political leaders on both sides manipulate popular opinion and claim el pueblo as supporting them.  Another of each side’s real strengths is its ability to portray itself as a victim of the unfairness of the other – because their victimhood rationalizes whatever actions they wish to take.  In that regard, the U.S. sanctions against the government and subsidies to the opposition play into Maduro’s hand.  Washington’s extra $15 million is a drop in the bucket for the well-funded opposition, but the U.S. support is as clear a signal as any of its desired outcome.  With both the United States and important segments of the opposition appearing to aim for nothing short of regime change, UNASUR is wise to step aside and see if anyone decides to get serious about ending the crisis.  Should the situation on the ground deteriorate further, however, UNASUR will probably ramp up its engagement and press both sides to make concessions in exchange for regional support.

Haiti: Crisis as Usual

By CLALS Staff

World Bank Group President Jim Yong Kim and Haitian President Michel Martelly / Photo credit: World Bank Photo Collection / Foter / CC-BY-NC-ND

World Bank Group President Jim Yong Kim and Haitian President Michel Martelly / Photo credit: World Bank Photo Collection / Foter / CC-BY-NC-ND

Half way through his term, President Martelly and his opponents have shown the same weak leadership and shallow commitment to democracy and transparency that has long plagued Haitian politics.  The IMF recently reported preliminary data indicating that Haiti’s GDP grew around 4 percent in FY2013; that inflation dropped from almost 8 percent to 4.5 percent; and that, although the fiscal deficit was larger than planned, domestic revenues were in line with projections.  On the streets, however, popular suffering shows no sign of abating.  Some 170,000 remain homeless since the earthquake almost four years ago; hundreds of thousands still have no prospect of employment, and poverty rates remain sky-high.  Suspicions about the whereabouts of more than a billion dollars in foreign aid are growing.  The World Bank last week criticized the lack of government transparency regarding funds from Venezuela’s “Petrocaribe” program, worth about $300 million a year to Haiti, and repeated its call for an end to the government’s use of “non-compete” contracts.  Corruption, a perennial concern, was a main theme of several large protests last month, involving thousands of citizens demanding Martelly’s resignation.

United Nations officials have repeatedly called on Haiti to hold parliamentary elections originally scheduled for two years ago.  The lower house of parliament in November passed a bill protecting the tenure of certain members of the senate – which the UN Secretary General’s senior representative in Haiti praised as “an important step for the organization of inclusive, transparent, and democratic elections” – but myriad other preparations remain undone.  The UN last August found that failure to hold elections by next month “runs the risk of [the Parliament] becoming inoperative,” but the Security Council went ahead and renewed the MINUSTAH mission for yet another year, albeit with fewer troops and police.

Donor fatigue – when the international community tires of lending a hand – seems to have been overtaken by donor disinterest, and the Haitian political elite appears much obliged.  Martelly, whose stage name was Sweet Micky during his singing career, has failed to use his fame and charm to promote serious reform among Haitians, as he promised, nor has he weaned his government and its supporters off the lucre of corruption.  His detractors, like those organized against Presidents Préval and Aristide before him, are better at mobilizing opposition than they are at mustering support for any political alternatives.  The Obama Administration’s commitment after the earthquake to help Haiti “build back better” has faded.  A central element of its vision was construction of an industrial park in northern Haiti, which more than a year after its inauguration has created fewer than 2,000 of the 65,000 jobs it promised.  As long as Haitians and their international supporters are satisfied with bandaid solutions to systemic problems, the country will wallow in its misery until the next crisis makes things yet worse again.

El Salvador’s “Constitutional Crisis”

Photo by: rosaamarilla via Flickr http://www.flickr.com/photos/amccy/3395160591/

A months-long political feud over the Supreme Court in El Salvador has blossomed into what observers are calling a constitutional crisis.  The first shot was fired in April when legislators from the FMLN engineered a “legislative decree” to replace five court Magistrates, the outgoing Assembly’s second shot at choosing justices during its three-year term.  The court’s Constitutional Chamber in June declared the decree unconstitutional – because each Legislature gets to vote only once for Magistrates.  At the same time, the Chamber invalidated a similar move by the opposition ARENA party affecting Magistrates chosen in 2006.

The theater came to a head this month when two feuding Supreme Courts met in different wings of the same building and claimed legitimacy – one with five members elected in 2009 and the other with the 10 invalidated members.  The rightwing ARENA party and its allies in Washington are claiming the crisis represents a shift against democracy by the FMLN.  Two Cuban-American members of the U.S. Senate have called on the Obama Administration to impose sanctions – principally suspending negotiations on a second Millennium Challenge Corporation compact potentially worth hundreds of millions of dollars – if the crisis is not ended quickly and in the manner they wish.  The Inter-American Commission on Human Rights (IACHR) has called for prompt resolution, and the U.S. Ambassador in San Salvador and the State Department have expressed “concern.”  A Washington Post editorial this week lambasted the FMLN for shifting toward Chávez-style authoritarianism and President Funes for failing to stop it.

This episode reflects maneuvering within the FMLN – fueled by frustration that President Funes’s soft line toward ARENA has only weakened the party’s influence – and poor judgment among activists on where and how to pick the fight.  The legislators rushed the decree because they anticipated correctly that they were about to lose control of the Assembly in elections several weeks later.  The crisis falls into a much more ominous pattern, however, in that – like the coups in Honduras (2009) and Paraguay (2012) – the right wing and its coreligionists in Washington exploit events to challenge the democratic credentials of a democratically elected reformist government to rationalize weakening it, while the Obama Administration responds timidly.  ARENA is again demonstrating its superior lobbying skills in Washington, which have already severely disadvantaged President Funes on issues such as relations between his security cabinet and its U.S. counterparts – resulting in a serious erosion of his own influence over security issues.  If the current political impasse is not resolved to the satisfaction of U.S. conservatives, Washington’s threats – ironically directed against the Administration’s “best friend” in Central America – will likely continue and relations will be strained, further persuading hardliners around Funes that moderation pays no dividends.