Lima Group: Committed to Democratic Principles?

By Nicolás Comini*

Group of men and women stand at a podium

Government officials from different Latin American countries met in August 2017 to sign the “Lima Declaration,” establishing the Lima Group. / Ministerio de Relaciones Exteriores, Perú / Flickr / Creative Commons

The “Lima Group” – an informal alliance of 12 Latin American countries created to observe the sensitive situation in Venezuela – has shown that its defense of democracy in the hemisphere is inconsistent.  Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Guatemala, Honduras, Mexico, Panama, Paraguay, and Peru have on at least a handful of occasions condemned Venezuelan President Nicolás Maduro for stoking political violence, holding political prisoners, committing electoral fraud, and engaging in other abuses, justifying their positions as based on ethics, morals, and good practices.

The reactions of the Lima Group and its leading members to the situation in Honduras since that country’s presidential election in November, however, suggests that the values they espouse do not have universal application.  After OAS Secretary General Luis Almagro declared that the election lacked credibility and called for new elections, some countries’ pro-democracy fervor faded.

  • Argentine President Mauricio Macri’s administration quickly recognized Honduran President Juan Orlando Hernández’s victory and officially declared its “disposition to continue working for the development of closer ties of friendship and more cooperation between the two nations.” The Brazilian foreign ministry expressed its “commitment to maintain and strengthen the ties of friendship and cooperation that traditionally have united both countries.”  In Mexico, President Enrique Peña Nieto’s government quickly recognized Hernández as well, calling on “Honduran society to support dialogue in order to preserve peace and democratic stability in that sister nation.”

The discrepancies between the group’s rhetoric and actions appear to be rooted in various reasons.

  • Political alignments take precedence over values. Honduran President Hernández has been active in the group’s (and indirectly the OAS’) efforts on Venezuela.  Honduras is a member of the Lima Group, and Hernández is perceived by conservative governments as an ally to contain the spread of the left.  The risk of massive Venezuelan population displacement, with profound potential consequences for neighboring countries, contrasts with the situation in Honduras.  With the region entering a new election cycle, moreover, incumbents’ lack of support for Almagro’s position signals that they do not want the OAS messing around in their own electoral processes.
  • These governments also see Hernández as a strategic United States ally in Central America in combating drug trafficking, transnational criminal networks, money laundering, and irregular migration. Many of the governments may also refrain from criticizing the belief that Tegucigalpa benefits from the presence of 1 million Hondurans in the United States (more than half of whom the State Department says “are believed to be undocumented”).  In addition, Honduras was one of the eight countries that supported President Donald Trump’s rejection of the UN General Assembly Resolution asking nations not to locate diplomatic missions in Jerusalem.

The crises in Venezuela and Honduras are indeed different, and the international community’s interests in them are naturally different.  Maduro’s and Hernández’s failings affect other countries’ political and economic equities in different ways.  Maduro’s undemocratic actions increase unpredictability in the management of oil and other sectors of foreign interest, whereas Hernández’s represent predictability, if not stability, in areas that Washington cares about and Buenos Aires, Brasilia, and the rest of Latin America do not.  But the high-sounding values at stake – democracy, institutionality, and rule of law – are the same in both countries.  While Venezuela’s population is three times the size of Honduras’ and its political crisis arguably three times more advanced, the moral responsibility – and moral authority – of the Lima Group or its member nations is many times greater in a small, vulnerable, poor country like Honduras.  Security forces have gunned down some three dozen oppositionists and protestors since the November election, and allegations of human rights violations have soared, but Latin America’s major democracies have been silent.

  • The failure to support the OAS’ call for new elections was not just a stab in the back of Secretary General Almagro; it revealed that their rhetoric about the OAS Democracy Charter – embodiment of democratic values they demand be respected in Venezuela – are not as universal as they say. When the Lima Group last Tuesday (with considerable justification) rejected the Venezuelan National Assembly’s call for an early presidential election, the Hernández government’s signature was there alongside the others.  If universal democratic values and principles are not for universal application – if even an informal grouping will not criticize a small actor with whom they do not have major equities at stake – their value is much diminished.

January 30, 2018

* Nicolás Comini is Director of the Bachelor and Master Programs in International Relations at the Universidad del Salvador (Buenos Aires) and Professor at the New York University-Buenos Aires.  He was Research Fellow at CLALS.

Prospects for Reproductive Rights Dim with End of “Left-Turn”

By Merike Blofield and Christina Ewig*

A large group of women and men gather in front of statue in a plaza.

A demonstration against abortion in Córdoba, Argentina, shortly after President Mauricio Macri’s election. / Marco Camejo / Flickr / Creative Commons

The end of Latin America’s “pink tide” suggests the region will make little progress in protecting reproductive rights in coming years and may even face some policy reversals.  With five Latin American governments slated to elect new leaders in 2018, and with recent elections of right-leaning governments in Chile and Argentina, Latin America may well be concluding the left-turn that has characterized the region’s politics since the early 2000s.

  • The past two decades of pink tide governments coincided with a flurry of legislative activity on abortion policy – in sharp contrast to previous decades of policy stasis, when high rates of clandestine abortions coexisted with restrictive laws. Since the turn of the millennium, abortion laws have been revised by Latin American legislatures and courts on 11 separate occasions in eight different countries.  Even in countries where legal reforms did not go through, legislatures debated bills at a prevalence not seen before.
  • Several left governments have carried through liberalization in response to public opinion and social mobilization. Last August, for example, the Chilean Supreme Court upheld its Congress’ liberalization of abortion law – to allow for abortion under three circumstances (threat to life; fatal fetal defect; rape) – overturning the absolute prohibition that had been in effect since the last days of the Pinochet military regime in 1989.  Some left governments went even further:  Uruguay legalized abortion in 2012, and Mexico City did so even earlier, in 2007.

Yet left governments have not been unequivocally liberal; some have actively upheld or enacted conservative laws, even absolute prohibitions.  In 2006, the Sandinista Party in Nicaragua reversed course from allowing therapeutic abortion to supporting absolute prohibition, while Ecuadoran President Rafael Correa in 2013 rejected a provision allowing abortion in the case of rape.  The FMLN in El Salvador has doggedly, even brutally, enforced a total prohibition, to the detriment of many (primarily poor) women’s lives.  In a recent study (published in Social Politics), we show this split in policy roughly follows the “institutionalized” vs. “populist” typology of lefts.

  • Institutionalized parties – like those in Chile and Uruguay – have channels in place for civil society organizations, including feminist ones, to have bottom-up influence. Given their respect for the rules of the game, however, the institutionalized lefts are also likely to face well-organized conservative opposition, which slow down reform, shape final legislation, or even veto it altogether.  In Uruguay and Chile, feminists had a voice, but conservatives were also are able to block, slow down, and water down liberalization.  This is why the Uruguayan reform took so long and why in both cases the final legislation is less liberal than the original proposals.
  • By contrast, populist governments, like those of Nicaragua under Daniel Ortega and Ecuador under Rafael Correa, often see advocates for liberalization as political threats – particularly feminists who also represent more general claims for individual autonomy and pluralism. Moreover, an issue like abortion, where the practical costs of a restrictive stance are born almost exclusively by low-income women, is likely to be used by populist leaders as a pawn in a power struggle with well-organized, influential religious forces.

Although we systematically analyzed only abortion politics, we found that sex education, contraceptive access, and other reproductive health policies more broadly have followed similar dynamics in Ecuador, Nicaragua, Chile, and Uruguay.  For example, the Uruguayan left government expanded sex education after assuming power in 2006, while in Ecuador, leaders appointed in health bureaucracies sought to reduce access to publically provided reproductive health services.  Nicaragua, on the other hand, has the highest rate of teenage pregnancies outside sub-Saharan Africa.

As Latin America’s left shift appears to be coming to a close, reproductive health policies promise to remain contentions – and abortion continues to be a public health crisis across most of Latin America even with the limited liberalizations of the past decade.  The Alan Guttmacher Institute recently estimated that 6.5 million abortions are annually performed in the region.  The vast majority are still done in clandestinity, resulting in high maternal mortality and tens of thousands of annual hospitalizations, which affect low-income women the most.  While it is unlikely that recent changes will be reversed in the more institutionalized settings, the rightward shift that is occurring among especially these countries does not bode well for further liberalization and resolution to the abortion crisis.

 January 18, 2018

 * Merike Blofield is Associate Professor of Political Science at the University of Miami.  Christina Ewig is Professor of Public Affairs and Director of the Center on Women, Gender and Public Policy at the Humphrey School of Public Affairs, University of Minnesota.

Mexico: Migrants Getting Political but Not Driving Reform

By Michael S. Danielson*

A large group of people gathers in an airport.

Returning Mexican migrants are greeted upon their arrival in Mexico by Mexican President Enrique Peña Nieto. / Presidencia de la República Mexicana / Flickr / Creative Commons

Mexican migrants who currently live in the United States or have returned home after spending many years abroad have become an important social and political constituency in the Mexican polity, but they do not uniformly enhance local democracy.  A growing body of research indicates that migrants affect the politics of their home towns and home countries through both direct and indirect channels.  Their departure releases pressure on prevailing authorities to reform, and the prospect of future migration causes citizens to disengage from the political process.  Friendships, alliances, and other contacts allow migrants to become intimately involved in their home communities from abroad as they communicate their attitudes and ideologies among themselves and friends and relatives back home.  Returning home with accumulated social, political, and economic capital also enables them to become influential leaders there.

  • Analysis of the municipalities to which U.S.-based migrants provide financial support, for example, shows that migrants are more likely to contribute where migrant civil society has become more deeply institutionalized at the state level and in municipalities and states with longer histories of migration.
  • A survey of more than 400 mayors in Oaxaca shows that migrants returning to their home communities who become mayors are more likely to be members of the popular classes than their non-migrant counterparts, suggesting that migration might be a pathway to power for non-elite individuals. But the same data also show that migrant mayors are just as likely to align with dominant political groups as with opponents of the status quo, suggesting the limits of their transformative and democratizing potential.

Field research shows different outcomes in different states.  In Oaxaca – where the exclusion of migrants from influence has alienated them from the governing party (an attitude further fueled by their experiences of exploitation and resistance as migrants in Mexico and California) – returnees tend to enter the political fray in opposition to dominant powers.  In contrast, the returning migrants who have been most influential in the states of Guanajuato and Zacatecas have tended to be mobilized by and act in support of the dominant parties in their states.  The institutionalization of the state-migrant relationship in these states facilitates migrant social and political engagement with governing parties.

  • Ethnographic data in 12 high-migration municipalities in Oaxaca, Guanajuato, and Zacatecas indicate, moreover, that the political engagement of returning migrants resulted in increased political competition that, in all but one case, caused factionalism and a divided opposition at best and deep, violent social conflict at worst. In the remaining six municipalities, dominant political actors either incorporated migrants into the prevailing system by establishing neocorporatist equilibria or successfully blocked the influence of migrant actors all together, despite high levels of migration.

Returning migrants’ political influence will only increase.  The historic flow – some 16 million Mexicans entered the United States in the 50 years since 1965 – has been reversed, as more migrants are returning to Mexico than entering the United States.  The economic, social, cultural, and political ties forged between communities on both sides of the border are growing, and the futures of the two countries are more intertwined than ever.  The economic and social importance of migration in some municipalities helps migrant political actors gain influence back home, and it can open up a pathway to local power for historically excluded social groups, even if – as in the cases that I have examinedthis influence has only rarely translated into fundamental changes in the way that politics are done.  The engagement of millions of Mexican migrants in their home towns has not resulted in thousands of political earthquakes, but rather the Mexican political system is incorporating these new actors without instituting fundamental changes to the way that politics are done.

 January 4, 2018

*Michael S. Danielson is CLALS Research Fellow and Visiting Professor at the University of California Washington DC Program.  His new book, Emigrants Get Political: Mexican Migrants Engage Their Home Towns, was published by Oxford University Press.  He has also participated in CLALS’ North America Research Initiative as a Pastor Scholar.

Canada and Mexico Face Uncertainty of NAFTA Renegotiation

By Daniela Stevens*

Two men stand at podiums with Mexican and Canadian flags behind them

Canadian Prime Minister Justin Trudeau gives a presentation with Mexican President Enrique Peña Nieto during an official visit to Mexico in October 2017. / Presidencia de la República Mexicana / Flickr / Creative Commons

Facing the growing possibility that the Trump Administration is walking away from the North America Free Trade Agreement (NAFTA), Mexico and Canada are beginning to look for trading partners beyond the United States.  The interdependencies binding the three are strong.  Both Mexico and Canada have deep commercial ties with the United States, which imports about 80 percent of Mexico’s exports and about 70 percent of Canada’s.  Both have significant leverage vis-à-vis the United States as well.  U.S. auto and agriculture industries have a major stake in free trade with Mexico, which also provides important cooperation on security issues and controlling Central American migration.  Liberalization measures within the energy sector by the current Mexican administration make Mexico a strategic partner in terms of energy security.  Canada buys about 19 percent of U.S. exports.

But these ties are fraying as conversations drag on.  Trump Administration proposals are hurting the talks; especially contentious are changes in the “rules of origin” (since the United States proposed increasing the U.S. content of autos to 85 percent from the current 62.5 percent) as well as the inclusion of a “sunset clause” that would make NAFTA expire unless it is renegotiated every five years.  NAFTA’s Article 2205 lets either of the three member countries announce its withdrawal from the accord with six months’ notice.  Canadian and Mexican trade officials have not given such notice yet, but they show signs of heading in that direction.  Both have held high-level meetings with counterparts from South America and Europe, according to official and non-government sources.

  • Mexican President Peña Nieto’s administration has expressed a preference for leaving the negotiations over accepting “a free trade agreement that ceases to promote free trade.” President Trump has said that his administration would be willing to negotiate a free trade agreement with Canada alone if the NAFTA talks fail.  However, Canadian Prime Minister Trudeau’s government has stated a preference for keeping the trilateral alive rather than resorting to bilateral agreement, since the terms of the U.S.-Canada deal were more outdated than the NAFTA’s.  The two presidents have been reluctant to take these actions because they apparently believe, as do many experts, that dismantling NAFTA would inevitably create uncertainty and inefficiencies for the three economies.  For example, the auto sector relies on three-way product flows that move several times across borders to be assembled into finished products.  Canadian and Mexican auto parts makers have a direct stake in each other’s dealings with the United States.  Even small duties would add up.
  • Nonetheless, some increased trade and a bilateral free trade agreement between just Mexico and Canada is possible. The two countries originally joined NAFTA to protect their access to the U.S. market, not to obtain access to each other’s.  Canadian public opinion and media reflect continued disinterest in Mexico, which is viewed as unstable due to drug-related criminality and corruption.  However, as the completion of a satisfactory NAFTA renegotiation is unlikely, Canadians are exploring deepening the bilateral link.  Mexican interest in Canada is also growing, according to some specialists.  Beyond North America, moreover, Canadians and Mexicans are exploring trade and investment diversification.  Canada is looking for increased cooperation with Latin America, in particular within the Pacific Alliance, a free trade partnership that includes Mexico, Chile, Peru and Colombia, and of which Canada is already Associate Member.  Mexico started a renegotiation last January of its free trade agreement with the European Union, which parties hope to finalize in the next few days.  It has begun warming up neglected ties with the Southern Cone and has already pledged to deepen ties with China.

Trade experts convened recently within the framework of American University’s Robert A. Pastor North America Research Initiative (NARI) were unanimous that that a trilateral agreement that protects the interests of all three partners would be the optimal outcome, but few observers of the NAFTA talks are confident that the Trump Administration will soften its position.  Canada’s commitment to a trilateral renegotiation should exert more pressure on the U.S. to compromise while strengthening both Canada and Mexico’s negotiating positions.  In the event of U.S. withdrawal from NAFTA, however, the two can expand their trade and investment relationship by lowering barriers further through modernization and e-commerce.  In addition, trade can potentially expand between the two since they have similar approaches to achieving various commitments of the Paris Accord involving energy projects and greenhouse gas emissions reductions.  Pastor Scholars concluded that both countries will have to carry out public campaigns to explain to their constituencies the benefits of continued cooperation, either trilateral or bilateral, if the United States significantly alters or abandons NAFTA.  Mexico and Canada have options outside North America in the quest for trade and investment diversification – even though their preferred scenario is a stronger NAFTA.  China, South America, and the European Union arise as the most readily available partners.

December 21, 2017

*Daniela Stevens is a Ph.D. Candidate in the American University School of Public Affairs and a Pastor Scholar.  Her research focuses on national and subnational policies that put a price on carbon emissions.

Trump’s Wall Funding Proposal Violates Conservative Principles

By Ezra Rosser*

A large border fence and the blue sky as seen from a street in California

A portion of the existing border fence between Mexico and the United States in California. / Rey Perezoso / Flickr / Creative Commons

More than two years after U.S. presidential candidate Donald Trump first boasted that he would “build a great, great wall on our southern border and … make Mexico pay for that wall,” his main proposal to fund it appears to remain blocking transnational remittances  – in contradiction of neoliberal capitalist principles he embraces.  In a letter that now-President Trump sent last month to U.S. House and Senate Leaders he said the border wall was necessary to protect “our national security and public safety” because the “porous southern border … is exploited by drug traffickers and criminal cartels.”  He was ambiguous, however, about who was going to pay for the wall, simply arguing that the country must “ensure funding for the southern border wall and associated infrastructure.”  Trump offered to make a deal to protect the Deferred Action for Childhood Arrivals (DACA) program – the “Dreamers” – only if Congress passed harsh immigration policies and funded the wall.

  • Under pressure during the campaign to explain how he would make Mexico pay for the wall, Trump claimed he could hold remittances sent by Mexican immigrants to family members in Mexico hostage until Mexico agreed to pay. President Obama noted at the time that the implications of ending immigrant remittances would be “enormous,” difficult to implement, and likely push more people to leave Mexico for the United States.  Senders would likely resort to informal channels, and Trump’s proposed selective taxation of money sent to Mexico would raise legal issues because of the discriminatory nature of such a program.
  • Trump has been quietly backing away from his repeated campaign promise to make Mexico pay. When Mexican President Peña Nieto told him in a phone call last January that “my position has been and will continue to be very firm saying that Mexico cannot pay for that wall,” Trump responded with much less bluster.  He noted simply that “you cannot say that to the press.  The press is going to go with that and I cannot live with that.”  This acknowledgement that the issue was largely about political optics suggested that Trump knew that, in the memorable words of former Mexican President Vicente Fox, Mexico was “not going to pay for that f***ing wall.”

Trump has not withdrawn, however, his threat to block remittances.  Such a policy would cause hardship for millions; most remittances are spent on basic necessities such as food.  But by undermining the free flow of capital, a core feature of our modern globalized world, Trump is also attacking a central component of neoliberal capitalism.  Trump also takes positions that reflect anti-globalization and protectionism – such as his characterization of NAFTA as the “the worst trade deal ever signed in the history of our country” and his claim that globalization “left millions of our workers with nothing but poverty and heartache” – but tying capital flows with labor flows would arguably turn the values of the global order on their head.

  • The notion that there is an imbalance in the treatment of workers and capital is ordinarily associated with the radical left. Harvard Law Professor Roberto Mangabeira Unger, for example, highlighted this imbalance in his 1998 book, Democracy Realized: The Progressive Alternative, in which he wrote, “The architects of the new world economic order have built a system in which capital and goods can roam the world while labor remains imprisoned in the nation-state or in blocs of relatively homogeneous nation-states.”  For Trump and other Republicans, linking remittances and immigration would normally be anathema.  If the U.S. Congress decides not to fund the wall, we may discover that taxing cash transfers may be an autocratic strategy that crosses ideological lines.

 November 27, 2017

* Ezra Rosser is Professor of Law at the Washington College of Law, where he has taught Property, Federal Indian Law, Poverty Law, Land Use, and Housing Law.

The Anticorruption Imperative for Latin America

By Matthew Taylor*

Bar graph showing accountability in Latin America

Graphic courtesy of author. For a larger version, please click here.

Latin America’s reactions to the massive transnational scandals involving the Brazilian construction giant Odebrecht and its subsidiary Braskem are an important sign of progress in anticorruption efforts.  But across the region, courts’ reluctance to challenge elites remains a major obstacle to deeper accountability.  Brazilian, Swiss, and U.S. authorities’ announcement in December 2016 of a multibillion dollar global corruption settlement with the Brazilian firms – valued at $3.5 to 4.5 billion – was remarkable for being the largest in history.  It was also shocking for its revelations: Odebrecht admitted using a variety of elaborate subterfuges to launder bribe payments and corrupt proceeds, including by setting up a bribe department and buying an offshore bank.  Graft allowed executives to rewrite laws in their own favor, and guaranteed that the right officials were in the right place when public contracts were up for bidding.  The firms netted $3.60 for every $1 they spent on bribes in Brazil, and admitted to paying $788 million in bribes across twelve countries, including ten in Latin America.

The political salience of the charges is roughly similar in all ten Latin countries, muddying the reputations of presidents or former presidents in Argentina, Colombia, the Dominican Republic, Peru, Panama, Venezuela and, of course, Brazil.  Ministers and high-level officials have been implicated in the remaining countries: Ecuador, Guatemala, and Mexico.  Nearly one year after the settlement, it is time to ask how well law enforcement and judicial processes are resolving the allegations against these high-powered public and private sector elites.

  • In a paper forthcoming in Daedalus, I argue that accountability can be thought of as the outcome of a basic equation – A = (T + O + S) * (E – D) – combining transparency (T), defined in its most essential sense as public access to information about the government’s work; oversight (O), meaning that government functions are susceptible to surveillance that gives public or private agents the right to intensively evaluate the government’s performance; and sanction (S), effectively punishing wrongdoing and establishing societal norms to their rightful place. These are tempered by institutional effectiveness (E) – understood as the outcome of state capacity, relevant laws and procedures, and citizen engagement – and political dominance (D), which diminishes the incentives for active oversight or energetic sanction.  The graph above uses a combination of data points from the World Justice Project to measure each of the five variables.
  • The comparison yields mixed findings. On average, the nations implicated in the Odebrecht settlement do quite well on transparency, effectiveness, and political dominance – the outcome of a generation of democratic rule (with Venezuela being the obvious outlier).  But all ten countries perform comparatively poorly when it comes to oversight, and abysmally when the criterion is sanction.  This does not bode well for accountability, especially if we consider that among the Odebrecht Latin Ten, the highest-scoring country on the sanction criteria is Argentina, whose score is still below the middle-income country average.  In Brazil, where trial courts have led the way in imposing sanctions on business elites, political leaders are nonetheless protected against meaningful sanctions by an arcane system of privileged standing in the high courts.

Latin American judicial systems – long rigged to protect local economic and political elites – remain the principal obstacle to accountability.  The Odebrecht settlement signaled that a new day has arrived: new international norms and law enforcement across multiple jurisdictions are likely to continue to upset the cozy arrangements that have protected the region’s elites from corruption revelations for decades.  But true accountability will only come when local courts and prosecutors are empowered to effectively punish corrupt elites.  That implies changes in legal procedure, new laws, and most importantly, political will.  Perhaps the Odebrecht case will galvanize domestic public opinion and mobilize policymakers about the need to improve local justice systems.  The enormous costs of corruption revealed by the Odebrecht settlement suggest that change cannot come soon enough.

November 6, 2017

* Matthew Taylor is Associate Professor at the School of International Service at American University.  His forthcoming article in Daedalus is entitled “Getting to Accountability: A Framework for Planning and Implementing Anticorruption Strategies.”

Mexican Government Under Attack for Electronic Spying

By Fulton Armstrong

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Mexican President Enrique Peña Nieto. / Presidencia de la Republica Mexicana / Flickr / Creative Commons

Revelations of Mexico’s use of state-of-the-art software to spy on domestic critics and OAS human rights experts have dealt another devastating blow to the credibility of President Enrique Peña Nieto and the Mexican government.  Targeted in the cyberattacks were dozens of individuals and nongovernmental groups from various backgrounds, including leaders of the opposition PAN party investigating corruption allegations; anti-obesity activists lobbying for a tax on sweet carbonated soft drinks that the government opposed; and the Interdisciplinary Group of Independent Experts (GIEI) sent by the Inter-American Commission on Human Rights (IACHR) to investigate the disappearance of the 43 students in Iguala in 2014.

  • The software – known as Pegasus and estimated to cost between $32 million and $80 million – sent the targets personalized text messages with links that, when pressed, led to the total compromise of their smart phones. The messages falsely alerted victims to family emergencies, for example, and said further information was available at a link in the text.  Some purported to be from the U.S. Embassy, providing a link for updates on visa applications.  The link downloaded spyware that allowed the perpetrators full access to all voice and data communications and allowed remote control over the microphone and camera on the affected device.

Confronted with evidence developed by University of Toronto-based Citizen Lab and corroborated by the New York Times, Peña Nieto admitted in late June that his government purchased Pegasus but denied that it was used to target opponents and investigators.  He said that all of the government’s efforts have been “to maintain the internal security of the nation, fight organized crime, to generate security for all Mexicans.”  The Israeli company NSO Group, producer of Pegasus, claims it sells the software only to governments and only for specific anti-terrorism, anti-crime purposes.  The President threatened to investigate those who “have raised false accusations” – a statement his spokesman retracted several hours later – but he did acknowledge the need for an investigation.  The office of the Attorney General (PGR), which was involved in the Pegasus program, was charged with looking into the matter, drawing cries of foul from critics.

  • Officials at the UN Office of the High Commissioner on Human Rights have called on Mexico to allow a full investigation by independent experts. For the same agency that bought Pegasus to investigate its use, they said, was not credible.  An OAS official has stated publicly that the allegations “should be investigated.”

The internal spying scandal is yet another blow to the credibility of the Mexican government on human rights – whether the spying and harassment was approved by Peña Nieto or was the work of rogue agencies.  The President’s credibility has been battered by scandals involving his family and administration, and corruption by state governors from his ruling Institutional Revolutionary Party (PRI) has deepened perceptions of impunity at all levels.  Violence is also creeping back to levels experienced during the term of Peña Nieto’s predecessor, Felipe Calderón.  Among his most corrosive failures, however, has been the lack any progress investigating the brutal killing of the Iguala students.  The government’s claims that it was unable to bring anyone to justice for Iguala – while spending tens of millions of dollars to spy on and harass international experts investigating the incident – has deepened popular cynicism about the President.  Even if he accedes to an independent inquiry, the damage has been done, and he seems likely to limp, at best, toward general elections scheduled for mid-2018.  InSight Crime (a CLALS-sponsored foundation) has also called the scandal “a massive self-inflicted wound in [Mexico’s] fight against organized crime” because it compromised anti-crime operations and undermined the government’s credibility.

July 24, 2017

Mexico: Racing Against Trump’s Immigration Crackdown

By Carlos Díaz Barriga*

Border crossing Mex-US

Southwest border crossing. / U.S. Customs and Border Protection / Flickr / Creative Commons

U.S. President Donald Trump’s failure in his first 100 days to fulfill his most aggressive campaign promises affecting bilateral relations may have calmed nerves in Mexico, but the Peña Nieto Administration is moving ahead with efforts to mitigate the impact of thousands of returning immigrants.  Trump apparently has given up on making Mexico pay for his proposed border wall, and the U.S. Congress doesn’t want to foot the bill either.  He has also toned down his threats to pull out of NAFTA – “the worst trade deal ever” – and seems to be edging toward a more modest renegotiation.  But one pledge the Administration seems eager to meet is ramping up deportations of undocumented immigrants from Mexico.  Trump is not immediately deporting the millions of “bad hombres,” as he initially promised, but he is steadily deporting thousands, including many who do not have criminal records in the U.S.  There are even stories of Trump supporters shocked at the deportation of law-abiding and tax-paying business owners.  Moreover, while he assured Dreamers – youths brought to the United States as children – to “rest easy,” there are reports of U.S. immigration detaining some of these working and tax-paying youth.

The threat of mass deportations involving millions still looms large, and Trump’s unpredictability to settle on a course of action is increasing pressure on Mexican officials to act fast to mitigate the impact of the returning immigrants.

  • At its consulates in the United States, the government is actively helping those at risk of being deported, providing legal services to ensure due process in locales as far-ranging as Indianapolis and New Orleans. Foreign Minister Luis Videgaray continues to confidently declare that Mexico will fight for immigrants and stand up to U.S. immigration authorities.  (He has also cast it as a human rights issue, spurring accusations of hypocrisy from critics concerned about Mexico’s treatment of Central American migrants.)
  • President Peña Nieto has enacted a reform to the General Law of Public Education facilitating Dreamers’ entry into Mexico’s education system, accrediting their U.S. education and helping those without proper Mexican documentation. Critics have called his public appearance with deportees opportunistic, a ploy to get much-needed positive media coverage, but the measures like those in education have real benefit for returnees.
  • Specific industries in Mexico are looking for specialized workers in the returning immigrants. The Mexican Association of Armored Vehicles (AMBA) estimated the availability of 50,000 thousand jobs for deportees in the areas of private security, armored car manufacturing, and transportation of valuables.  As violent crimes have risen again in Mexico, this industry is in need of workers.  Call centers are also actively recruiting.  Their only requisite is fluency in English; no other experience is necessary.

Many Mexicans’ perception of Trump as unpredictable and erratic tempers any optimism about bilateral relations even though Foreign Minister Videgaray seems to have established a viable dialogue with Trump’s son-in-law, Jared Kushner.  The return of the deported immigrants is an area in which the government is being given a second opportunity to show compassion for citizens.  The migrants left Mexico for concrete reasons, however, and some are questioning whether Peña Nieto’s administration will be able to address them.  Providing legal assistance to those at risk of deportation and facilitating education for Dreamers are important gestures, but they do not offer a viable long-term strategy.  The bigger picture is still suddenly having millions of Mexicans back in the country with no job prospects.  Trump’s delays on the border wall and mass deportations give the Mexican government time to come up with effective solutions, but such a massive disruption, especially coupled with the uncertainty over the future of NAFTA and the Mexican economy, is probably too much for any government to handle.

May 12, 2017

* Carlos Díaz Barriga is a CLALS Graduate Fellow.

U.S. Immigration Policy Propels an Invigorated Sanctuary Movement

By Alexandra Délano Alonso*

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A new logo for the sanctuary movement. / Public Domain

The Trump administration’s expansion of an already enlarged deportation apparatus and its attempt to establish a ban against immigrants from targeted countries has intensified the Sanctuary Movement and driven it to explore new ways of protecting undocumented migrants and other groups that are under attack.  The new policies have generated a wave of protests and institutional responses from activists, lawyers, and immigrant-serving organizations as well as in higher education across the country.  Just days after the November election, hundreds of thousands of students, faculty, and staff at over 190 schools, colleges, and universities supported petitions calling on their respective administrations to declare their campuses sanctuaries.  The campaigns want schools to commit to withhold information from immigration enforcement authorities and disallow the presence of those authorities on campus without a court order or warrant, as well as establish institutional support to ensure that students with precarious migration status have access to the resources they need.  At the same time, there are almost three hundred sanctuary cities, counties, and states, which are at the center of Trump’s promises to cut federal funding to any local or state government that adopts this stance of defiance.  Republican Members of Congress in January introduced a bill (HR 483) to cut funding to universities that declare sanctuary.

  • The Sanctuary Movement has historical roots. In the 1980s, 400 religious congregations around the United States helped refugees from Central American wars enter the country.  In addition to challenging discriminatory U.S. immigration practices, the movement condemned U.S. support for the governments prosecuting those wars.  Years of effort led to legislation granting Temporary Protected Status (TPS) to Central American refugees.
  • More recently, a New Sanctuary Movement emerged in 2007 in response to mass deportations of undocumented immigrants. It emphasized raising public awareness about the individual lives at stake and pressing for legislative reform.  Today’s resistance is an outgrowth of the George W.  Bush and Barack Obama Administrations’ raids, deporting almost 3 million individuals, and the massive immigrant detention system that they expanded.

Many cities, universities, and NGOs have backed away from the concept of sanctuary in response to Trump’s threats, arguing that the risk of losing federal funding or of putting themselves in the spotlight is too high, or that the sanctuary concept promises more than it can really offer.  As Lewis and Clark College Professor Elliot Young has written, “Sanctuary is an aspiration, a statement of values rather than a statement of fact.”  Indeed, one of the arguments against the proclamation of sanctuary by universities is the misunderstanding of the term:  The undocumented community and its defenders have varied interpretations of what it means in practice, whereas the legal limitations on what can be done in the face of a court order are very clear.  Yet, the ambiguity of the term leaves a space for creative interpretation and should be seen as an opportunity rather than a limitation.

  • Most universities, including my own, The New School, have issued a standard statement that they will not share information or cooperate with immigration authorities without a court order, but they have shied away from using the term sanctuary – even though the term is a significant form of resistance to unjust policies, a moral stance, and a message of solidarity to the larger university community.

Reviving the concept of sanctuary in this political context provides an opportunity to open a debate about the rights and protections that marginalized groups need, and how universities and other institutions that have joined the sanctuary movement in the last months (restaurants, art spaces, among others) can support and extend it.  The time we are living in requires us to reexamine existing frameworks and concepts and mobilize them in effective ways when the principles and values we stand for are under attack.  Declarations of sanctuary campus send a clear message of support to vulnerable individuals within the community.  They also nurture transnational networks of solidarity – not just through churches, shelters, and civil society groups – but also including universities in Mexico, Central America, and other countries, to help individuals returning to their origin countries (deported or voluntarily) live better lives, including overcoming significant barriers to continuing their education. Migrants’ need and right to protection and education does not end when they cross the border, and universities’ ability to help them begins by taking a stance and making our campuses accessible, safe and open; in other words, making them sanctuary.

April 18, 2017

* Alexandra Délano Alonso is an Assistant Professor of Global Studies at The New School.  She is the author of Mexico and Its Diaspora in the United States: Policies of Emigration since 1848 (Cambridge University Press, 2011) and co-editor of Borders and the Politics of Mourning (Social Research, 2016) with Benjamin Nienass. She is also a participant in the Robert A. Pastor North America Research Initiative.

Mexico: Nationalism Alone is Not the Answer to Trump

By Gema Santamaría*

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In Mexico City, citizens mobilized against President Trump on his Inauguration Day with signs against U.S. imperialism (“Fuera Yankees”) and effigies of the U.S. President. / Adrián Martínez / Flickr / Creative Commons

The Mexican government hasn’t yet figured out how to react to U.S. President Donald Trump’s proposed policies toward Mexico, which have already eroded trust and potential cooperation, but one thing is clear: Mexican nationalism alone will not help.  In terms of security cooperation, Trump has proposed a “great wall” and increased police and military presence to keep “bad hombres” outside U.S. territory without the consent or cooperation of his southern neighbor.  The notion of shared responsibility, which shaped the Mérida Initiative and informed most cooperation under past administrations, has been virtually abandoned.  Instead, Mexico has been presented to the U.S. public only as the source of security challenges – illegal migration, drugs, and common crime – and not part of the solution.

The Mexican government’s response has been, so far, equivocal at best.  President Peña Nieto and his administration have proven incapable of articulating a coherent message towards Trump’s provocations.  Responding to an erratic, Twitter-driven foreign policy poses challenges for any country accustomed to traditional diplomatic interaction, but Peña Nieto has an additional force to manage:  surging nationalism from the left, center, and right.  This revival includes disjointed appeals on social media for citizens to boycott “gringo” companies – notably Starbucks – and to consume “only national” products.  Many campaigns express solidarity with the Mexican government as well as repudiation of Trump.  The cover of Letras Libres, for example, carries an image that emulates Mexico’s national coat of arms – an eagle attacking a snake – but the snake being devoured by the Mexican eagle wears a blond Trump-style hairdo.

Nationalism, however, is not the answer.  Beyond its potentially chauvinistic nature, it can too easily translate into a call for political loyalty and suppress necessary criticism of the current government.  In moments of crisis, Mexican elites have long used anti-American sentiment to create consensus, overcome divisions, and even conceal a government’s lack of legitimacy – unhelpful in a moment that, like now, citizens need to hold their government accountable for its impunity, corruption, and human rights abuses.

  • Instead of making themselves feel good with nationalist slogans, Mexicans should assert their commitment to multilateralism and international cooperation, not only in trade (which at times seems to be the only issue on the agenda) but also on matters of security, human rights, and the rule of law. A critique of Trump’s militaristic understanding of immigration should include a critique of Mexico’s own failure to adopt a more integral migration policy south of its border – one protecting Central American migrants from the rampage of organized crime and capable of addressing the institutional and structural challenges behind the surge of Central American migration.  Mexican citizens should call into question their government’s resort to militarized border control on the southern border, a strategy that in many ways mirrors the U.S.’ short-sighted and unilateral response to migration.  By the same token, criticism of Trump’s reactive and militarized vision of security should also involve a close look at Mexico’s own militarized, short-term, and repressive response to insecurity and violence.
  • Some Mexican intellectuals have insinuated that an effective critique of Trump and his policies calls for a revival of national pride and honor. Letras Libres director Enrique Krauze, for example, tweeted that not attending protests to denounce Trump’s actions is a sign of “passivity, indifference, and even cowardice.”  Yet if Mexico proves incapable of articulating a sound critique and resistance vis-à-vis Trump the real cause will not be a lack of nationalist ardor, but rather citizens’ incapacity to move beyond nationalism and uncritical support for their government.  Mexico does not need nationalistic and “brave” citizens as much as it needs a citizenry committed to international cooperation, transparency, and critical engagement and that can call into question another government’s erroneous policies – like Trump’s – while demanding better of its own.

April 13, 2017

* Gema Santamaría Balmaceda is the Director of Undergraduate Studies in the Department of International Studies at the Instituto Tecnológico Autónomo de México (ITAM), and a participant in the Robert A. Pastor North America Research Initiative.