Nicaragua: Can Ortega Circumvent the Talks?

By Fulton Armstrong

Presidente de El Salvador participa en Cumbre SICA-Nicaragua.

President of Nicaragua Daniel Ortega / https://www.flickr.com/photos/fotospresidencia_sv/30962278823 / Flickr / Creative Commons

While the Nicaraguan government continues to stonewall in negotiations with its broad-based opposition, it is taking a series of unilateral actions that seem intended to preempt the talks – and leave the opposition behind. President Daniel Ortega and his team have flatly rejected key opposition demands, including early elections to replace him (instead of waiting for general elections in 2021) and the immediate, unconditional release of hundreds of political prisoners. They have, however, issued declarations pledging several actions on their own terms.

  • Last week, the Foreign Minister said the government “is complying, and will continue to comply, with all of [its] commitments toward understanding and peace.” Calling itself the “Government of Reconciliation and National Unity,” Managua has issued a “work program” that includes the “definitive release” by June 18 of 100-plus more political prisoners and several hundred others under house arrest. It pledged to work toward a “culture of peace” and “cooperate” with the OAS on reforms of the Supreme Electoral Tribunal to prepare for the 2021 elections. It promised legislation that supposedly will help victims of government violence during the April 2018 protests, although apparently with conditions that offend opposition leaders.

The opposition Civic Alliance for Justice and Democracy, which left the negotiating table last week, continues to enjoy widespread support, but press reports suggest mobilization fatigue is undermining its effectiveness and unity. Sympathetic media judged a hastily called national strike last week – protesting government intransigence in the talks – as effective, but they hinted at reduced enthusiasm. The Superior Council of Private Business (COSEP), a leading opposition force, recently released its assessment that the economy is “in a free fall,” with plummeting domestic and foreign investment. COSEP analysts note that the loss of 100,000 private-sector jobs and a similar number of informal-sector jobs is taking a heavy toll on society. The Catholic Church, which remains consistently critical of the Ortega government, has had a lower political profile since Pope Francis reassigned Managua Auxiliary Bishop Silvio Báez, its most outspoken critic of the government, to a Vatican job.

  • The opposition has also been stung by criticism from OAS Secretary General Luis Almagro, who’s led diplomatic pressure on Ortega to loosen up. In April, Almagro accused both sides in the negotiations of “lying” but listed untruths he attributed specifically to the opposition, claiming that “lying is the most antidemocratic practice.” Although the OAS last week approved a resolution, drafted by Canada with Almagro’s support, calling for Ortega to take concrete steps on human rights and election preparations, some 14 small opposition groups the day after accused the Secretary General of a “double standard” – allegedly being lenient toward Ortega but tough of Venezuelan President Maduro.

Government repression and intransigence in the negotiations are the primary causes of the crisis, but the opposition is, once again, showing a lack of focus and discipline. Ortega’s unilateral moves on political prisoners and electoral reform, after the opposition left the negotiation, suggest an effort to render the opposition and negotiation process irrelevant. By making the release of political prisoners its top priority in recent rounds of talks, opponents have given Ortega an area in which concrete and relatively cost-free steps can give the government momentum. Last week’s strike may have done more to show opponents’ weakness than strength inside Nicaragua, and Almagro’s swipe at “liars” – while possibly a reflection of his own personality and personal beliefs – cannot be helping outside. Some of the “liars” that have irritated him may indeed be mere troublemakers or government shills, but any dilution of international interest will be a victory for the government. The Trump Administration, which has pledged regime change in Nicaragua as well as Venezuela and Cuba, has been relatively quiet. Diplomats at the OAS are working hard to muster the four additional votes to reach the 24 necessary to invoke the Democratic Charter against Nicaragua, but Ortega seems to think he can end-run a negotiated settlement and undermine his opponents at home and abroad.

May 29, 2019

Nicaragua: Ortega’s Pyrrhic Victory

By Kenneth M. Coleman

Daniel Ortega and Rosario Murillo

Nicaraguan President Daniel Ortega and Vice President Rosario Murillo. / Twitter: El Nuevo Diario

The government of Nicaraguan President Daniel Ortega and Vice President (and First Lady) Rosario Murillo has continued to persecute its opposition since crushing massive protests in April, which were stilled only at a cost of somewhere between 325 and 535 lives lost, 600 political prisoners, 1,500 wounded, and 40,000 Nicaraguans seeking refuge in Costa Rica.  Paolo Abrão, Executive Secretary of the Inter-American Commission on Human Rights, has characterized Nicaragua as effectively a “police state,” while Luis Almagro, Secretary General of the OAS, has denounced torture by the Nicaraguan government.  Deploying massive force by the Policia Nacional and by hooded shock troops (often retired military and police), Ortega and Murillo “have won” in the sense that they have ended street protests.  In the past month, they have undertaken a systematic effort to silence the remaining voices of dissent.

  • The Catholic Church has been under duress since its effort to mediate a national dialogue collapsed in June. On December 3, Ortega launched the most recent in a series of verbal attacks on the Church, accusing it of being in league with golpistas (coup plotters).  Two days later, a young Russian woman living in Nicaragua – possibly energized by Ortega’s rhetoric – entered the Cathedral of Managua and threw acid on Monsignor Mario Guevara, while he was receiving confessions.  Guevara remains in grave condition.
  • Independent media are constantly under attack. The government has taken down 100% Noticias, an independent station, from the satellite and other distribution networks; has physically attacked and issued death threats to personnel associated with various media outlets; and, on December 14, raided the offices of prize-winning electronic medium, Confidencial, and associated television programs, Esta Noche and Esta Semana.  The Inter American Press Association and Reporters Without Borders, whose investigators in mid-August issued a condemnation of government harassment of independent media, have denounced the recent media harassment as well.
  • Earlier this month, the National Assembly summarily withdrew the legal registrations of nine non-governmental organizations, including the Nicaraguan Center for Human Rights (CENIDH) and the Institute for Development and Democracy (IPADE). The latter is led by a former Sandinista comandante who was a member of the Front’s original nine-person revolutionary directorate.

Ortega and Murillo’s escalation of pressure on opponents across the board seeks to consolidate their control and create the image of stability that they wish to create.  The business community, which coexisted with them for much of the past 11 years, sided with protesters in April and shows no obvious signs of seeking a rapprochement.  Its leaders are clearly of the view that the national dialogue must be resumed to avoid crippling economic sanctions to an economy that has already contracted four percent this year and promises to contract even more dramatically in 2019 without a change of course.

  • These developments are sure to accelerate a downward spiral in Nicaragua’s relations with the Office of the High Commissioner for Human Rights of the United Nations, the Inter-American Commission on Human Rights, and the U.S. government. Under the Magnitsky Act, Washington has already prohibited six individuals, including Murillo, from holding accounts in or doing transactions with U.S. financial institutions.  More sanctions are coming, as the U.S. House and Senate have approved, and President Trump is expected to sign soon, the Nicaraguan Conditionality Investment Act, which will require U.S. representatives to multilateral institutions to vote against most loans to Nicaragua until the Secretary of State attests that substantial measures have been made to restore democracy, allow free elections, protect freedom of speech and assembly, and address corruption.  The Nicaraguan government’s behavior thus far suggest that such actions and a corresponding attestation are an extremely unlikely, if not impossible, scenario.

December 20, 2018

* Kenneth M. Coleman is a political scientist at the Association of American Universities.  The views expressed herein are his own, not of the Association of American Universities.

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

Nicaragua:  Tensions Mount

By Kenneth M. Coleman*

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Protesters convene in Managua, Nicaragua last month. / Voice of America / Wikimedia / Creative Commons

President Daniel Ortega’s increasing reliance on turbas, the masked and hooded supporters mobilized to beat back protests, suggests he’s confident that he can tough out the challenge posed by growing demands that he and his wife, Vice President Rosario Murillo, resign, or, at a minimum, agree to early elections – increasing the prospect of a prolonged, unequal struggle ahead.  According to Nicaraguan press reports, turbas and police sharpshooters killed at least 15 marchers in May 30 Mother’s Day protests.  Approximately 100 protesters have been killed in street protests since April 18.  A delegation of the Inter-American Human Rights Commission of the OAS issued a preliminary report after four days of in-country hearings expressing “shock” at the extent and depth of human rights violations.

  • An attempt at national dialogue mediated by the Nicaraguan Catholic Bishops Conference (CEN) was initially suspended after the government delegation, headed by Foreign Minister Denis Moncada, claimed an agenda proposed by the bishops was the route to a golpe de estado, and was once again suspended after the Mothers’ Day killings. Death threats have been issued over social media against Cardinal Leopoldo Brenes and the Auxiliary Bishop of Managua, Silvio Báez.  Báez in particular has pushed for discussion of democracy in the dialogue.  The government has firmly refused to discuss protesters’ demand – endorsed implicitly by the Church – for an expedited election calendar (sooner than the currently scheduled presidential election of 2021).  Bishop Abelardo Mata, the Secretary of the CEN, has taken the position that Daniel and Rosario must go – as popular anger is such their own lives may be at risk.

The protesters, who are generally university students, have refused to respond with force to the turbas’ aggression, although there have been isolated reports of burned vehicles and occasional use of home-made mortars.  They have established tranques (roadblocks) on national highways leading into and out of major cities, including Managua.  Initially opened every hour or two so that traffic could move – and even suspended when a tentative agreement with the government was reached – the tranques have been stiffened to include total blockages of traffic on major routes in response to turba attacks.  Some roadblocks have been thrown up by peasants still angry about the government’s now-defunct deal with Chinese investors to build the “Grand Canal” across the country.  Independent media reports indicate that citizens are blaming Ortega and Murillo for the resulting inconvenience, and previously unpoliticized people are calling for them to step down.

  • While resisting violence, protesters are not engaged in “civil disobedience” a la Gandhi or Martin Luther King, as no one willingly goes to jail. To be taken away by the turbas or the Policía Nacional is to greatly increase the probability that one’s body will turn up in the morgue, according to local observers.  Timely intervention by individual priests has saved some lives, but the Catholic Church increasingly finds itself threatened too.

The Catholic Church’s leadership has been key and benefits from the quiet but crucial support of the business community, including the strongest private sector organization, COSEP.  Many of the dynamics in today’s confrontation are similar to those leading to the collapse of the Somoza government 40 years ago, with one glaring difference: the lack of an opposition martyr on a par with revered journalist Pedro Joaquín Chamorro, who was assassinated in January 1978, 16 months before President Somoza fled into exile.  Ortega is clearly willing to escalate the intimidation of his opponents, but – should an oppositionist of Chamorro’s stature assume leadership of the current protests – the president would probably not wish to see him martyred, assuming the president still controls the forces he has unleashed. Given recent events, it is unclear if the president wishes to see any dialogue reconvened.  If he does, he will probably need to look outside the country for mediation, as the CEN has increasingly sided with protesters over the government.

  •  If the crisis drags on and on, Ortega could conceivably agree to early elections, but the opposition would still be leery of any deal that did not include a wholly new Consejo Supremo Electoral and a commitment to allow all parties to register, which are demands that probably cross a red line for Ortega. As Nicaragua mourns its dead, the anger is unlikely to subside – and an unequal struggle between the government and a generally nonviolent opposition is likely to fester if not explode.

June 1, 2018

* Kenneth M. Coleman is a political scientist at the Association of American Universities who directed the 2014 AmericasBarometer national survey in Nicaragua.

Nicaragua: Approaching an Inflection Point?

By Kenneth M. Coleman*

Protesters burn a large pink metal tree

On Saturday, April 21, 2018, Nicaraguan protesters burned an “Árbol de la Vida” (Tree of Life), one of several monumental statues that are considered representations of President Daniel Ortega’s government. / Jan Martínez Ahrens / Wikimedia / Creative Commons

The street protests that wracked Nicaragua last week may or may not recede after President Daniel Ortega backed off a controversial increase in social security taxes, but the damage to his image of invincibility will linger and could turn out to be a watershed in his and his wife’s grand plan for one-party rule.  Ortega mobilized the police, which have teamed up with young thugs over the years to intimidate those who protest government policies, to repress what started last week as peaceful protests against the increased taxes but evolved into a challenge of the authoritarian nature of the regime.  The government closed four television stations that were covering the street protests; shock troops from his party’s Juventud Sandinista burned down a radio station in León; and journalists faced harassment, one having been killed.  Local press estimates 20-30 deaths, with surely well over a hundred injured.

The street protesters were not alone in their struggle.  The Superior Council of Private Enterprise (COSEP) and American Chamber of Commerce in Nicaragua (AMCHAM) – which for years had become silent accomplices in the efforts of Ortega and his wife, Rosario Murillo, to consolidate their power – called for solidarity with the popular protests.  For the first time in the current Ortega era (2007-2018), they openly called for street marches to resume today.  More importantly, they used hard language – condemning the use of fuerzas de choque by the government – and issued a set of conditions before a “dialogue” with the government can begin.  Specifically, they demanded that students, university communities, and the Bishops Conference of the Catholic Church be included in any dialogue, surrendering their previous role as privileged interlocutor with the government.  (The Catholic Church provided respite and support – both moral and physical – to student protesters.)

Mass movements can start from little sparks and grow into society-wide convulsions.  The outcome of these new confrontations with the Ortega-Murillo government cannot be foreseen at this point, but the parallels with other governments on their last legs are striking.  The use of excessive force by Mexican police in 1968 triggered massive street protests that directly questioned the legitimacy of a seemingly well-established Mexican one-party state – legitimacy that was ultimately resurrected only by opening the system to genuinely democratic competition.  While the process took two decades, it did lead to an opposition victory in the 1990 presidential election.  In Nicaragua, the fall of Anastasio Somoza in 1979 accelerated when the business community eventually abandoned his dictatorship.

  •  Ortega’s party, the Frente Sandinista de Liberación Nacional (FSLN), for many years has been able to isolate, contain, and discredit those abandoning it, including a former Sandinista Vice President and former members of its National Directorate. Grumbling within the party is already growing louder because of a succession plan bringing Rosario Murillo to power upon the illness or death of Ortega in a manner that far exceeds her status as vice president.  Local press reports indicate that one police commander and her unit of 50 officers have been jailed due to their unwillingness to confront and repress protesters in the streets.  The excessive application of force against peaceful protesters last week and, potentially, in coming days might lead to a more serious rupture, making last week’s events a potential inflection point for Nicaragua – with potentially dire consequences for Ortega and Murillo’s political ambitions.

April 23, 2018

* Kenneth M. Coleman is a political scientist at the Association of American Universities who directed the 2014 AmericasBarometer national survey in Nicaragua.

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.

Nicaragua: Protest Abstention, Dedazos and Electoral Farce

By Kenneth M. Coleman*

A group of people holding Nicaraguan flags and banners protest outside

Organized by the Sandinista dissident group Movimiento Renovador Sandinista (MRS), protesters took to the streets last year ahead of the general elections to demand recognition of their party, and free and open elections. Many members of MRS will abstain from voting in the upcoming elections. / MRS / Flickr / Creative Commons

The surge in protest abstentionism in Nicaragua’s presidential election last November appears likely to worsen in elections this November 5 – undermining the legitimacy of the Daniel Ortega government but not threatening its control.  The  Supreme Electoral Council, dominated by the ruling Sandinista Party (FSLN), proclaimed that 68 percent of the registered electorate had voted last November 6, but two more credible estimates – that of independent observers (closer to 30 percent) and post-election public opinion polls (50 percent) indicated a much lower turnout.  Non-voters come in at least two variants: the disinterested, disengaged, and poorly informed; and protest abstainers.  The evidence points to the latter reason.

  • Critics of the now-autocratic FSLN had nowhere meaningful to go electorally. In June 2016, the FSLN-controlled Supreme Court of Justice (CSJ) withdrew recognition of the Partido Liberal Independiente (PLI) from Eduardo Montealegre, a prior presidential nominee who had finished second to Daniel Ortega in 2006, and recognized Pedro Reyes, a political non-entity soon booted from party leadership.  Years before, in 2008, the government withdrew recognition from the Movimiento Renovador Sandinista, which included most of the well-known Sandinista dissidents (including author Sergio Ramírez, once Daniel Ortega’s Vice President, and several surviving members of the Sandinistas’ original nine-person National Directorate).
  • Focus groups organized by scholars at Florida International University (FIU) and follow up studies confirmed high abstention rates driven by unhappiness with the election. Interviewees said, for example, “There was no candidate who fulfilled my expectations for making the country better … none … capable of taking the country forward.”

Protest abstentionism appears likely to be equally high or even higher in the municipal elections on November 5, reflecting frustration from an unexpected source:  loyal Sandinistas opposing the imposition of candidates by President Daniel Ortega, and his wife and vice president, Rosario Murillo.  Adapting Mexican political discourse, many FSLN nominees for mayors, vice-mayors, and municipal councilors are now criticized as representing dedazos, candidates “fingered” from above.  Two unhappy Sandinistas told the opposition paper Confidencial on August 29 of their discontent.  “It hurts me … but that is what [the party] has left me… not to vote in the municipal elections,” said one in Masaya.  “They didn’t take the party loyalists into account [in picking candidates], so the party loyalists will not take the party into account in the elections in November,” said a former FSLN supporter in Corinto.

  • Associates of the old PLI, reconstituted as Ciudadanos por Libertad (CxL), have been granted legal registration – and intend to compete as long as the Organization of American States observes the elections. The OAS role remains unclear, however, prompting the initial CxL candidate for Mayor of Managua to resign his candidacy earlier this month.

What the opposition proclaimed an “electoral farce” last November seems likely to be repeated on November 5.  Ortega has taken steps to allow “same-day registration” of voters on election day – apparently to counter abstentionism – and recent reports of distributing cédulas (national identity cards necessary for voting) to minors have surfaced in La Prensa, presumably also with an intent to increase electoral turnout.  However, anger over dedazos may be deep enough to keep many members of the FSLN away from the polls.  In spite of high abstention levels, the Ortega family enjoys control over all branches of government – National Assembly, Judiciary, and Electoral Council – and continues to enjoy an implicit corporatist accord with COSEP, the leading business organization, while having long proven adept at undermining potentially competitive leaders.  Overreaching via the dedazos may have caused visible cracks in the partisan foundation of the dynasty – strengthening party dissidents’ portrayal of Daniel and Rosario as usurpers – but no leader capable of undermining their grip over governmental structures is yet visible or appears likely to emerge in the near term.

September 18, 2017

* Kenneth M. Coleman is a political scientist at the Association of American Universities who directed the 2014 AmericasBarometer national survey in Nicaragua.

Nicaragua: Shirking Obligations on Gender-based Violence

By Pamela Neumann*

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March against violence in Managua, November 2014. Oxfam en Nicaragua / Flickr / Creative Commons

Recent actions by the Nicaraguan government directly conflict with its obligations under accords on gender-based violence, but regional mechanisms, including the OAS, have not been effective at holding Managua to account. The 1994 Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará), which Nicaragua ratified in 1995, defines violence against women as any act of physical, sexual, or psychological violence occurring in either the public or private sphere (Article I, III) and obligated state signatories to establish fair and effective legal procedures to address crimes against women (Article VII). The Convention also stipulated that States report steps taken to prevent and prohibit gender-based violence (Article X). In 2004, the OAS introduced a Follow-up Mechanism (MESECVI) to provide additional technical assistance and more closely monitor state actions.

Nicaragua has not submitted information to MESECVI since 2008, and its performance has become even more problematic in subsequent years. In 2012, the government passed a comprehensive law on gender-based violence (Law 779), which significantly advanced women’s legal rights and protections. Over the last three years, however, the law has been substantially undermined by legislative reforms and executive decrees. For example, mediation, an informal practice police historically used to resolve cases, was first eliminated and then reinstated. Mediation puts women’s lives at significant risk because there are no legal consequences for violating the non-binding agreements it produces. In addition, beginning in 2014, women seeking to file a legal complaint for gender-based violence were sent to neighborhood councils or the Ministry of the Family for counseling instead. Police units charged with handling domestic violence cases have been closed for over a year.

The OAS has been leaning hard on Nicaragua to address threats to its electoral process – forging an agreement last month allowing the OAS to send a team to observe municipal elections in November – but its performance as arbiter of signatories’ adherence to the Belém do Pará Convention has been less effective. The convention’s enforcement mechanisms are limited; the main recourse that individuals or organizations have is to submit a petition to the Inter-American Commission on Human Rights, which can forward it to the Inter-American Court of Human Rights (IACHR). But action is inhibited by the stipulation that cases are only admissible when “remedies under domestic law have been pursued and exhausted” and because current regional agreements do not allow for any specific OAS-IACHR action to be taken on the basis of legislative action or inaction. The OAS’s existing instruments, moreover, put the burden on individual aggrieved parties to demonstrate the state’s intentional complicity in denying women due process. This requires showing evidence of state officials actively impeding one particular investigation or engaging in violent acts themselves. Numerous studies, including my own research, have shown that such behavior is in fact ubiquitous, but less than 1 percent of cases even make it to trial. Despite good intentions, the legal remedies afforded by the OAS tend to individualize and privatize the problem of gender-based violence – and the Nicaraguan government is not being held accountable for its failure to prevent or punish fundamental violations of women’s human rights.

March 30, 2017

*Pamela Neumann is a Post-Doctoral Fellow at the Stone Center for Latin American Studies, Tulane University.

2017: Happy New Year in Latin America?

By Eric Hershberg and Fulton Armstrong

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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

Latin America (Overall) Embraces Paris Climate Accord

By Fulton Armstrong

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Heads of delegations at the 2015 United Nations Climate Change Conference in Paris. Photo Credit: Presidencia de la República Mexicana / Flickr / Creative Commons

Latin American support for the landmark climate agreement signed at the United Nations last week may not have been enthusiastic during the negotiations, but all but Nicaragua seem eager for early ratification and implementation of measures to mitigate the harm of global warming.  A record-breaking 175 countries signed the accord in one day, including a number from Latin America, committing them to take concrete steps to keep the increase in global temperatures from rising 2 degrees Celsius (or, ideally, 1.5 degrees) over preindustrial levels.  To take effect, at least 55 countries producing 55 percent of global emissions must ratify the agreement.  Fifteen small island nations, including several in the Caribbean, already presented their ratification papers last Friday.  China and the United States, the two greatest emitters of greenhouse gasses, have said they’ll ratify this year – as have France and other EU countries.

The region’s leaders have made significant contributions to the accord over the years.  Mexico and Peru, which were hosts of crucial international conclaves leading up to it, have given it a Latin American imprint, and others supported the final round of talks in Paris last December.  Brazilian President Dilma Rousseff’s reference in her speech to her political troubles back home overshadowed Brazil’s leadership, including its commitment to reduce its greenhouse gas emissions by 43 percent of 2005 levels by 2030.  In the past, ALBA countries complained loudly that the wealthy, developed nations, which produce the vast majority of climate-harming gasses, should shoulder the burden of reducing them and should compensate poorer countries for harm that environmental measures cause them.  All but Nicaragua, however, have submitted national plans (called an Intended Nationally Determined Contribution, INDC) required for full participation in international efforts under the Paris Accord.  Nicaraguan Representative Paul Oquist told the media that “voluntary responsibilities is a path to failure” and that wealthy countries should compensate Nicaragua for the $2 billion cost the measures would entail.

Latin America has clear incentives to support the accord.  Various scientific studies underscore the impact of global warming on the region, with potentially dire consequences.  The World Bank and Intergovernmental Panel on Climate Change have reported that failure to act would cause further extreme weather threatening agriculture; rapid melting of Andean glaciers that provide much-needed fresh water; erosion of coastal areas; catastrophic damage to Caribbean coral reefs; and dieback of Amazon forests.  ALBA demands for compensation may be overstated but contain a grain of truth – they aren’t prodigious producers of greenhouse gasses – and skepticism that the big guys will meet their targets isn’t entirely unwarranted.  President Obama has repeatedly demonstrated his personal commitment to addressing the problem, but obstacles posed by the U.S. Senate (which must ratify the agreement), Supreme Court (which in February stalled implementation of his Clean Power Plan), and politicians seeking the Republican Presidential nomination (who have sworn opposition to deals like the Paris Accord) have all but shut down U.S. movement toward ratification.  The ALBA outliers, on the other hand, have made their complaints heard and appear likely to join the rest of Latin America and the Caribbean in pushing for ratification and quick implementation – and probably will soon renew the push for even tougher measures by industrialized nations.

April 25, 2016