Paraguay: Stormy First Month for New President

By Barbara dos Santos*

Mario Abdo Benítez

Paraguayan President Mario Abdo Benítez. / Marcos Corrêa / Flickr / Creative Commons

A little over a month into his five-year term, Paraguayan President Mario Abdo Benítez is already being challenged by corruption scandals – including allegations against himself – and internal party squabbling, but he is continuing efforts to build his image as an ambitious reformer.  While emphasizing continuity with the previous administration’s economic policies – focusing on export-fueled growth, low taxes, and domestic investment – Abdo Benítez’s push for certain reforms is ruffling feathers.

  • In the wake of protests against highly publicized corruption and influence-trafficking cases involving national legislators and top judges, Abdo Benítez based his campaign on a pledge to fight government and judicial corruption though deep reforms. In his inauguration speech, he called for immediate priority to be given to comprehensive reform of the national judicial system.  Three days after taking office, he called on all political parties – including those without representation in the National Congress – to join a national debate on constitutional reform.

The president, however, faces a number of challenges to his image and leadership.

  • During the campaign, he distanced himself from the legacy of his father, who was a top aide to Paraguayan dictator Alfredo Stroessner (1954-89), but a visit he made to his father’s grave after voting on election day and his use of Stroessner’s white Chevrolet on inauguration day fueled apprehensions about his commitment to democracy.
  • He is being buffeted by allegations that he has ties with drug traffickers. Social media have publicized a picture of the president in his home with his arm around drug kingpin Reinaldo Javier “Cucho” Cabaña, who was arrested earlier this month.  He has denied receiving money from Cabaña and said that he did not recognize the man – that he had taken “millions of photos” with sympathizers who came to his house to express support during the campaign.
  • One of his closest allies in the congress, Ulises Quintana, was also indicted this month for alleged involvement in “Cucho’s” international drug trafficking network. Another close ally facing corruption charges is Miguel Cuevas, the president of the Chamber of Deputies, who stands accused of illicit enrichment while in office and who has become the new main target of the anti-corruption protest groups.
  • A faction within his party, the Cartistas —allies of former President Horacio Cartes – has been holding back on support Abdo Benítez’s reforms. They claim his call for inclusive debate, rather than negotiating directly with them before opening to other parties, was a sign of bad faith, and they have not agreed to join the talks.
  • The president also faces challenges from the opposition Partido Liberal Radical Auténtico (PLRA), whose leader says he supports reforming the constitution, even drafting a new one, but that it should be based on a “national agenda” – not only Abdo Benítez’s priorities. PLRA and other parties are concerned that a key purpose of the reforms is open the way to presidential reelection, which has long been a goal of the Cartistas.  They also claim the president is appointing cronies to positions that require technical expertise, such as management posts at the Itaipú power plant on the Brazil-Argentina border.

Abdo Benítez’s commitment to reforms may be mostly rhetorical – his bottom line seems mostly about continuity – but the political threats that they entail could get out of control and spark protests.  Six weeks into his presidency, he seems unlikely to rally the domestic support necessary to enact deep reforms to make the electoral, political, and judicial processes more open and transparent.  He may find some comfort in the fact that neighboring presidents – Michel Temer in Brazil, Mauricio Macri in Argentina, and Evo Morales in Bolivia – all have their hands full too, and that, if anything, the region’s turn to the right during elections since 2015 means that he is not likely to be isolated politically.  As a new president, however, Abdo Benítez has to be wondering what the next five years hold.

September 27, 2018

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

Latin America: The Spirit of Constitutionalism under Attack

By Maxwell Cameron*

Venezuela constitition

A participant in a march in Venezuela holds up the country’s constitution. / TeleSURtv / Flickr / Creative Commons

Recent events in Paraguay and Venezuela raise yet again the issue of whether political leaders are capable of deliberating and acting in ways that show an appreciation for constitutional essentials, or whether they choose instead to perform their roles and offices in ways that continuously test constitutional principles and, over time, contribute to their erosion.  The principles of re-election and term limits are important in every presidential democracy, the product of historical circumstance.  In the case of Paraguay, a dictatorship under strongman Alfredo Stroessner from 1954 to 1989, sensitivity to the idea of a president serving for too long is strong.  Venezuela’s elimination of term limits a few years ago set a dangerous precedent.  Other constitutions limit incumbents to one term (Mexico, Paraguay) or two terms (United States, Colombia); in some constitutions, presidents cannot be re-elected immediately but can run later after a term has elapsed (Peru, Uruguay).

  • More important than the constitutionality of term limits is that the re-election issue be settled in a way that commands the assent of all parties – within a certain spirit of constitutionalism. Paraguayan President Horacio Cartes’s error was to think that he could change the constitution by means that violated this spirit, even if the public would arguably support a modification of the re-election rule if pursued in the right way.  (Since the fall of Stroessner, the Partido Colorado, the pillar of his rule, has won every election except in 2008, when Catholic priest Fernando Lugo was elected.  Lugo was deposed in 2012.)  The President of the Senate, Roberto Acevedo, opposed the change and was outraged by the way it was adopted: the Senate voted in a special session held behind closed doors.  In that session, 25 Senators approved the measure, bypassing the opposition Partido Liberal Radical Auténtico.

The showdown in Venezuela over President Maduro’s effort to shut down the congress was another undemocratic blunder.  A decision by the Tribunal Supremo de Justicia (TSJ), Venezuela’s supreme court, to arrogate legislative functions to itself or delegate them to other branches or agencies was unconstitutional.  (The TSJ has the power only to declare a law invalid or that another branch of government is operating outside the law.)  When the Fiscal General de la República, Venezuela’s equivalent of attorney general, Luisa Ortega Díaz argued that the TSJ’s decision was unconstitutional, she gave herself political cover by expressing loyalty to the Constitution of 1999 – the legitimacy of which has long been undermined by the fact that it is a document made to measure for chavismo.  As a result of this and significant domestic and international pressure, the government backed down – a rare event.  The attorney general’s insistence that the constitution not be violated indicates that a spirit of constitutionalism among chavistas is not completely dead, but it also shows that it remains a mechanism for coordinating the actions of agents within the government.  Her position also raises the possibility of a split between constitutionalists and hardline militarists within the regime.

Democracy is not just a system of rules.  It requires politicians to acknowledge and respect the essential constitutional agreements that have to underpin the struggle for power in a self-governing community.  The crises in Paraguay and Venezuela both forewarn of the dangers of excessive partisanship and the risks of playing fast and loose with constitutional rules.  Something similar seems to be playing out in Ecuador, where allegations of fraud have been made by the opposition.  If spurious, they are condemnable; if supported by evidence, they are deeply disturbing.  Either way, they reflect mistrust in institutions after a decade of rule by Rafael Correa (Likewise, U.S. Senate Republicans’ threats to use of the “nuclear option” to confirm Judge Gorsuch threatens to deepen the politicization of the U.S. Supreme Court.)  The cost of the failure of politicians and citizens to cultivate a spirit of constitutionalism is very heavy.  In Paraguay, it has resulted in deadly protests and resignations by top officials; in Venezuela it has taken the country to the brink of civil war; in Ecuador, there is a real prospect of debilitating governance problems as Lenín Moreno of Alianza PAIS takes office; and in the United States we are starting to see the kinds of governance problems that have long been associated with the “politicized states” (to use Douglas Chalmers’s phrase) of Latin America.

April 5, 2017

* Maxwell A. Cameron is Director of the Centre for the Study of Democratic Institutions at the University of British Columbia.

Mercosur, Unasur Holding Firm on Democracy in Paraguay

Photo by Christian Van Der Henst S. via Flickr , http://www.flickr.com/photos/cvander/5215442086/

As Paraguay marked the one-month anniversary of the summary removal of President Lugo from office, the distance between South America and the rest of the hemisphere on how to deal with the “constitutional coup” remains great and is perhaps growing.  OAS Secretary General Insulza announced last week that the regional organization’s Permanent Council decided to take no further action, except to send a “support mission” to Asunción.  The Obama Administration’s inaction further indicates that the United States is prepared to allow things to stand unchallenged and even unexamined.

Mercosur, Unasur, Spain and, more predictably, ALBA have all been tougher.  Mercosur last week announced that the new Paraguayan government, led by President Federico Franco, is still barred from participating in the organization’s activities, although the government to be elected in April 2013 will be welcome.  Unasur made clear that Paraguay’s participation will be suspended “until democratic order is reestablished.”  ALBA countries have minced no words in condemning Lugo’s ouster.  Spanish Foreign Minister García-Margallo suggested publicly last week that Paraguay’s participation in the Ibero-American Summit in November may not be appropriate.

This division among hemispheric players is reminiscent of the tensions following the coup that removed democratically elected President Mel Zelaya in Honduras three years ago.  Whereas the United States quickly softened its stance on the value of isolating the golpista government of Roberto Micheletti in 2009 and later became Tegucigalpa’s most ardent advocate for speedy readmission to the OAS – while Brazil and most South Americans remained committed to seeking a more democratic outcome – Washington is now showing patience with the right-wing factions that ousted Lugo.  Mercosur’s formula for welcoming the government to be elected next year helps avoid the sort of crisis for the incoming leadership that hindered Honduran President Lobo’s efforts to push back against his country’s golpistas, who to this day are undermining his administration.

 

Paraguay Coup: Setback to Democracy Even if Technically Constitutional

 

Photo by: Juan Alberto Pérez Doldán, via http://www.flickr.com/photos/38384810@N02/3531158719/

President Fernando Lugo, struggling to consolidate power since taking office in 2008 in Paraguay’s first meaningful transfer of power in 60 years, was removed from office on Friday by the same elites who had resisted him all along.  In a series of lightning actions, the Senate convened an impeachment process – giving him only two hours to prepare a defense – and voted him out of office.  Opposition leaders cited the government’s mishandling of a squatter protest earlier this month, resulting in 17 dead, but they had been undermining him from day one of his administration.  By Friday afternoon, Lugo accepted his removal and left the Presidential residence.  His vice president, Federico Franco, was sworn in and subsequently declared, “The country is calm. … Activity is normal and there is no protest.”

International reaction was slow at first, as the region focused on an environmental summit in Brazil.  But Brazil, Argentina and the ALBA nations condemned Lugo’s ouster and threatened sanctions.  President Dilma Rousseff urged immediate suspension of Paraguay in Mercosur and UNASUR, and Brasilia and others have withdrawn their ambassadors.  The U.S. State Department expressed “concern” at first and then urged “all Paraguayans to act peacefully, with calm and responsibility, in the spirit of Paraguay’s democratic principles.”  The OAS held an extraordinary session of the Permanent Council and sent a fact-finding mission to Asunción.

As President Lugo said, the action was as much against “Paraguay’s history, its democracy” as it was against him.  Like the coup that removed President Mel Zelaya in Honduras three years ago, the action was intended to stop a popular president and influence elections scheduled in coming months, but Zelaya was removed and exiled by the military, and the Congressional documents sanctioning it were fabricated after the fact.  The events in Paraguay pose an important challenge to the democracy clauses of the various regional charters (Mercosur, UNASUR, OAS) as well as the leadership of the region’s biggest democracies, including Brazil and United States.  At this early point, the Paraguayan elites probably judge that they can weather the storm because the U.S. and Brazil – with the diplomatic tensions about the Honduran coup, elections and reaccession to the OAS still fresh – have few options for restoring Lugo to presidency.  Insofar as entrenched elites sense that Washington will react mildly to the removal of democratically elected presidents they can cast as “leftist,” coups like those that have taken place in Honduras and Paraguay will continue.