Spanish Language: Unlikely Battleground for Gender Inclusion

By Juliana Martínez*

Spanish-speaking communities have become one of the most significant battlegrounds in the push for gender-inclusive language. Often associated with traditional gender norms and anti-LGBT sentiment, Spanish-speakers in general and in Latin America in particular are discussing gender in language, causing as much ire and excitement as use of they as a non-binary singular pronoun has in the United States and beyond. In the English-speaking world, the Merriam-Webster Dictionary’s recognition of they as “word of the year” in 2019 signaled this shift. Many young Spanish speakers are also increasingly unwilling to accept gender hierarchies in any social, political, or cultural realm as natural, innocuous, or unchangeable; and they find the gender binary limiting and exclusionary for themselves or for society more broadly.

  • In the last 15 years few regions have made larger strides in LGBT recognition than Latin America. During this period, some of the most advanced legislation and policies in the world – such as gender identity laws, same-sex marriage, adoption rights for same-sex partners, and non-discrimination statutes – have been passed in Latin America, the great majority in Spanish- and Portuguese-speaking countries.

There are two main issues at the heart of inclusive language efforts: to challenge androcentric conventions, and to expand the gender binary by incorporating gender-expansive options for speakers. In many languages, Spanish included, masculine forms constitute the linguistic and social norm. In society and grammar alike, masculinity, heterosexuality, and gender-conformance have been taken as the unmarked norm through which human experience is measured and communicated. However, just as the mere presence of a gender system in a language does not make it sexist or cis-normative, the push for inclusive language does not put the integrity of the language at risk and does not seek to dismantle its grammatical gender system.

  • As my colleague Salvador Vidal-Ortiz and I note in a recent article, substituting an e for a gender-specific o or a in a noun does not challenge the assigned gender of nouns that do not refer to specific populations. No one is suggesting that carro (the masculine noun in Spanish for “car”) should be “carre” instead. That is a caricature and, more importantly, would suggest denying speakers the right and means to name themselves by claiming that their lives are a grammatical – and also a biological, social, and legal – error or impossibility.
  • These efforts have been around for a while both in Latin America and the U.S as exemplified by the shifts in the term Latino. First came Latina/o, then the “@” in Latin@, then Latinx, and now Latine. All these forms have been (and continue to be) used as gender-neutral and expansive options to the masculine o or the feminine a. The e in particular has been getting traction and considerable (not always positive) attention. Argentina has been a trailblazer. Nowadays, it is practically impossible to attend a political rally or march in the country without hearing words like bienvenides (welcome) alongside or instead of the traditional bienvenidos or bienvenidas, or to see words like todes (instead of todas or todos) written on signs. Last year two events marked the widening spread of these shifts in the country. President Alberto Fernández made history when he used the word chiques (the gender-expansive alternative to the binary chicos or chicas) during a student rally – drawing a standing ovation; and last December Argentina made international headlines when a judge ruled in favor of including “non-binary” as the sex marker of a person’s national identification document

Despite this progress, opposition to gender-inclusive language has been fierce and is unlikely to fade quickly. La Real Academia de la Lengua (RAE), the governing body that presides over Spanish grammar, syntax, and morphology, has resisted it sternly – not surprising for an institution that has accepted only 11 women in 300 years of existence. History has shown, however, that calls for language purity and grammar correctness tend to be covers for social anxieties about upholding gender and sexual hierarchies. What upsets many speakers – particularly those used to being at the center of discourse and accustomed to holding cultural, social, economic, and political power – is not the language; it is the changing worldview that it names and advances. Inclusive language is neither a threat to the language nor a sign of its decline. Rather, it signals plasticity and health, as it illustrates its ability to adapt to shifting cultural and social norms.

February 25, 2020

* Juliana Martínez is Assistant Professor in the Department of World Languages and Cultures at American University. Parts of this post were previously published, with Salvador Vidal-Ortiz, in Latinx thoughts: Latinidad with an X in Latino Studies in October 2018.

Latin America: The Need to Face the Dire Impact of Climate Change

By Fernanda de Salles Cavedon-Capdeville and Erika Pires Ramos*

Farmer in Nicaragua

A farmer works a field in Nicaragua, one of the Central American countries experiencing increasing drought over the last two decades/ Neil Palmer/ Wikimedia Commons/ Creative Commons License

Latin America – one of the most vulnerable regions to climate change worldwide – is already experiencing dire consequences, including the displacement of millions of people, but the region has been slow to share the information needed for comprehensive strategies.

  • In 1998-2017, among the 10 countries most affected by climate risks in the world, five were in Latin America and the Caribbean, according to the Global Climate Risk Index 2019. Extreme events and disasters are increasing in the region. Out of 335 disasters registered globally in 2017, 93 took place in the Americas. Rapid-onset events, such as hurricanes, have been taking a progressively greater toll. In 2016, 17.3 percent of people affected by disasters lived in the region, far more than the average of 5.1 percent in the previous five years.

Changes in climate variability and in extreme events have severely affected the region. Over 1998-2017, Latin America was the continent with the highest economic losses due to climate-related disasters, representing 53 percent of the global figure, according to studies. The impact on people is aggravated by the high vulnerability and low adaptive capacity caused by poverty and economic inequality. Countries in the tropics and Southern Hemisphere subtropics are also projected to experience the largest impact on economic growth.

  • These economic, political, cultural and social factors – along with extreme-weather events and other effects of climate change, such as desertification and rising sea levels, combine to be a major cause of displacement in Latin America. Colombia, Chile, Haiti and Brazil joined the list of the 20 countries with the highest number of people displaced by disasters from 2008 to 2014.
  • More recently, 4.5 million people in the Americas were displaced by disasters in 2017, representing 23.8 percent of the global total. Three major hurricanes that year displaced over 3 million people, and floods throughout South America also drove many thousands from their homes that year. In 2018, 1.7 million people were displaced by disasters in the Americas. Another 2.5 million people were affected by drought that year in Central America, including migration hotspots Guatemala, Honduras, El Salvador and Nicaragua. Oxfam has highlighted that climate change – and the consequent loss of crops and food security – is increasingly a driver of migration in the Dry Corridor of Central America.

Experts at the World Bank and elsewhere estimate that slow-onset climate change events in Latin America alone could displace 17 million people by 2050. This and similar estimates are sound – and underscore the urgent need for action – but data on the impact of slow-onset events is difficult to get and, in general, data related to climate-induced human mobility has gaps. These information challenges will increasingly complicate efforts to deal with the problems of migration driven by climate change. There is also a lack of specific information about the climate laws, policies. strategies, and measures that governments will need to take to avert, minimize and best address the economic and human ravages the region is likely to experience.

  • The South American Network for Environmental Migration (RESAMA) is a regional independent network of experts and researchers developing and disseminating information on environmental migration and related topics, and promoting ways to enhance its inclusion in regional and national agendas. RESAMA, in partnership with the University for Peace (UPEACE) in Costa Rica, has designed the Latin-American Observatory on Human Mobility, Climate Change and Disasters (MOVE-LAM) to map, understand and address the topic in the region. The observatory intends to evolve into a regional hub to simplify and share information — transforming scientific knowledge into accessible and practical information available to actors and other stakeholders. It’s a huge task, but the challenges the hemisphere faces demand it.

February 10, 2020

*Fernanda de Salles Cavedon-Capdeville is a Postdoctoral Fellow at the Universidade Federal de Santa Catarina (UFSC) in Florianópolis, Brazil, and a RESAMA researcher.

*Erika Pires Ramos has a PhD in International Law from the University of São Paulo (USP) and is founder of RESAMA.

New Western Hemisphere Trade Pacts Push Back Against Big Pharma

By Thomas Andrew O’Keefe*

Money_and_pills_in_three_colors

Attempts to limit competition from generics by pharmaceutical giants were called “TRIPS-plus” provisions in USMCA drafts/ Ragesoss/ Wikimedia Commons

Two major trade agreements affecting the Western Hemisphere have recently struck blows against the pharmaceutical industry’s efforts to keep drug prices high by limiting competition from generic medications. Big Pharma tried, but failed, to include provisions in the United States-Mexico-Canada Agreement (USMCA) and the EU-MERCOSUR Association Agreement that would go beyond those expressly permitted by the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

  • Those provisions would have made it extremely difficult for generic manufacturers to enter the market and contain costs. Unaffordable medicines are a large and growing global problem. Many people die of diseases today not because there is no cure, but because they cannot afford the medications.

In the version of USMCA approved by the U.S. Congress and to be signed by U.S. President Trump this week, the Democratic majority in the House of Representatives removed “TRIPS-plus” provisions that would have given “data exclusivity” for new uses of existing pharmaceutical products for up to three years and for so-called “biologics” for ten years. (Biologic drugs are produced from a living organism or contain components of a living organism, including a wide variety of products derived from humans, animals, or microorganisms by using biotechnology.)

  • Data exclusivity would have prevented generic manufacturers from utilizing the original trial results and other test data filed with regulatory health agencies concurrently with the patent application, demonstrating the medication’s safety, quality, and efficacy. Also removed from the USMCA was a provision that would have restricted competition from generic pharmaceutical manufacturers by delaying patent expirations to compensate for “unreasonable” bureaucratic delays in approving the patent. Furthermore, the USMCA now expressly allows generic manufacturers, as per Article 30 of the TRIPS Agreement, to utilize compounds used to make a patented drug in order to develop a generic version in anticipation of that drug’s patent expiration.

Similarly, the IPR chapter in last year’s EU-MERCOSUR agreement does not include TRIPS-plus provisions thanks, in part, to resistance from South American governments concerned about bankrupting their national health care systems because of increasing costs for new medications. The IPR chapter specifically supports World Health Assembly Resolutions on pandemic influenza preparedness and on a global strategy and plan of action on public health, innovation and intellectual property – both of which recognize that “intellectual property rights do not and should not prevent Member States from taking measures to protect public health.”

  • The IPR chapter is consistent with the Doha Declaration on the TRIPS Agreement and Public Health of November 2001. Furthermore, all the signatory states are required to implement articles of the TRIPS Agreement providing the legal basis for WTO members to grant compulsory licenses exclusively for the production and export of affordable generic medicines to other members that cannot domestically produce the needed medicines in sufficient quantities. (The only obligation is for the signatory states to make “best efforts” to adhere to the Patent Cooperation Treaty.)
  • The MERCOSUR countries resisted intense lobbying pressure from European pharmaceutical companies to accept provisions on data exclusivity and to compensate for bureaucratic delays by extending the monopoly on a patented medication beyond the 20-year maximum permitted by TRIPS. The fact that the United Kingdom, home to global pharmaceutical giants such as GlaxoSmithKline and AstraZeneca, was distracted by Brexit undoubtedly contributed to this outcome.

The successful pushback against attempts by the major pharmaceutical multinationals to extend their state-sanctioned monopolies to guarantee a steady flow of profits reflects public outrage over multiple scandals that have ensnared the industry in recent years. This includes not only the massive opioid addiction crisis in the U.S., but firms buying up patents that are about to expire and jacking up their prices in excess of 1000 percent. It makes the traditional industry argument of needing extended monopolies to incentivize innovation and the development of new drugs ring hollow as these speculators incur no research and development costs. As a result of the efforts of MERCOSUR and Democrats in the U.S. House of Representatives, the pharmaceutical industry may be facing a paradigm shift in which it will be forced to develop a new business model for pricing new treatments.

January 28, 2020

Thomas Andrew O’Keefe is the president of Mercosur Consulting Group, Ltd. and a lecturer at Stanford University. He is the author of Bush II, Obama and the Decline of U.S. Hegemony in the Western Hemisphere (Routledge, 2018).

Latin America: Total Chaos?

By Carlos Malamud*

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South American Presidents waving to the cameras in Santiago, Chile / Flickr / Creative Commons

Democracy and democratic values are in crisis throughout South and Central America, but the causes – and solutions – vary across the region, with rays of hope that at least some countries will find their way forward. The Bolivian elections, plagued by suspicions of fraud, reflect some of the problems that affect all of Latin America. The previously unbeaten President Evo Morales, in government since 2006, has now shown his limits and, even if his election is confirmed, will govern without the parliamentary majorities he enjoyed in the past.

  • Latin America witnessed violent protests almost simultaneously in Ecuador and Chile; Mexico blinked during a confrontation with the son of narcotics kingpin Chapo Guzmán; the Congress was dissolved in Peru; an ex-President in the Dominican Republic denounced as fraudulent the primary election he lost and joined another party to be its candidate; and a massive exodus continued pouring out of Venezuela, whose crisis is terminal but without an expiration date.
  • The Argentine and Uruguayan elections on October 27 marked the end of a three-year cycle of elections during which 14 countries voted to elect or re-elect their presidents. Speculation was originally that a swing to the right would counteract the Bolivarianism of the previous swing to the left. That shift never happened. In its place, a more heterogeneous and divided Latin America emerged, reflected in the outcome of the Argentine and Uruguayan elections, and in the not-insignificant fact that Mexico is governed by Andrés Manuel López Obrador while Brazil, the other regional power, has Jair Bolsonaro.

The causes of this wave of divisiveness are the subject of different theories. Many observers speak of a Castro-Chavista conspiracy, orchestrated by Venezuelan President Nicolás Maduro and the leftist São Paulo Forum. Others think it’s a popular reaction to the drastic adjustment programs of the IMF. Yet others argue about a contagion factor and the impact of social networks, which enable real-time communication and the transfer of vivid images of events. Nonetheless, any theory that tries to harness all of these theories will be flawed because each national reality is responding to different logic and dynamics.

  • All of the countries of the region are experiencing inequality, poverty, corruption, violence and narco-trafficking, unhappiness with democracy and its institutions, rejection of politicians, and the impact of the “new politics” of social media and fake news. But they are not present to the same proportions.
  • Neoliberal, Bolivarian, and populist governments are all suffering from rebellions. The Chilean protests over transportation fees under neoliberal President Piñera were preceded by protests in Brazil in 2013 under progressive President Dilma Rousseff. If Piñera resorts to military force to stop the protests, Nicaraguan President Daniel Ortega did something similar in 2018, killing more than 300. The IMF might have been behind the reduction of fuel subsidies in Ecuador, but it had no role in Chile. While elections went as normal in Argentina and Uruguay, in Bolivia, like in Venezuela, the allegations of fraud have been constant.

The solutions to each country’s challenges will have to be as different as their causes. While one country needs deeper economic adjustment, another needs to fix its political institutions. Each is going to have to find its way through the crises. Latin America will find little solace, moreover, in the fact that this high level of conflict is not exclusive to its region. From Hong Kong to Cataluña, or in Libya and Lebanon, similar challenges are disrupting national life.

  • Amid the many indications that representative or liberal democracy is under direct attack – that we may be facing the end of an era with potentially dire implications – some positive notes are visible in Latin America. In addition to the orderly contests in Argentina and Uruguay, the local and regional elections in Colombia in late October were an effective exercise in democracy – won by the center and lost by the extremes. Uribismo on the right and Gustavo Petro on the left were the big losers. The emerging symbol was Claudia López, the first woman elected mayor of Bogotá, who is also a lesbian, environmentalist, and leader against corruption. The path ahead is certainly not going to be easy for Latin America, but there is evidence that, with a big dose of tolerance and respect for each other’s reality, Latin Americans can do a lot better.

November 5, 2019

* Carlos Malamud is Senior Analyst for Latin America at the Elcano Royal Institute and Professor of Latin American History at the Universidad Nacional de Educación a Distancia (UNED), Madrid. A version of this article originally was published as Turbulencias latinoamericanas in El Clarín of Buenos Aires.

Latin America: Grappling with Environmental Displacement

The Honduran refugee caravan crowds a bridge in October 2018

Honduran Refugee Caravan/ October 21, 2018/ Flickr/ Creative Commons/ https://www.flickr.com/photos/boyitchy/31600503428/

By Robert Albro*

Latin America and its faith-based organizations, seeking to expand the definition of refugee beyond just people forced to leave their countries in the face of political persecution, are making slow but steady progress promoting policies that deal with the increasingly serious issue of human displacement as a consequence of environmental change.

  • Since 1951, a large majority of Latin American countries have enshrined the right to asylum in their national constitutions, and the region emerged in the 1980s as a leader in efforts to broaden international standards for refugees and migrants. In 1984, the Cartagena Declaration on Refugees, for example, enlarged the concept of refugees to include people “who have fled their country because their lives, safety, or freedom have been threatened by generalized violence.” A series of conferences organized by the UN High Commissioner for Refugees (UNHCR) produced further breakthroughs during conferences in San José and San Salvador, including rights-based criteria involving, for example, gender and indigenous identity.

Over this decade, the coincidence of surges in migration from the “Northern Triangle” of Central America and international action on the environment – including Pope Francis’s 2015 encyclical on climate change, Laudato Si – have encouraged reassessment of the traditional distinction between “refugee” and “migrant.” Among similar initiatives in the Andean region, in 2014 Bolivia’s migration law introduced legal protections for “groups of people displaced from one country to another for climate reasons, when there exists a risk to life, as a result of nature, environmental, nuclear or chemical disaster, or famine.” What to do about people displaced across international borders as a result of life-threatening rapid-onset natural disasters has become an increasing focus of attention.

  • Discussions in conjunction with the Framework Convention on Climate Change (UNFCCC) – a major component of the 2016 Paris Accord – have given new momentum to addressing environmental migration. Participants called for greater understanding of “climate change induced displacement, migration, and planned relocation,” even though emphasis in multilateral deliberations has shifted to “disasters” and away from “climate change.” 
  • Observers have credited Latin American church groups – as “specialists in the language of ethics” and “sources of moral authority” – with playing an important role in normative deliberations during the UNFCCC processes. A hemispheric dialogue led by the Organization of American States, called the “Protecting Our Home” initiative, was jointly launched with the Holy See after the Pope’s encyclical.

Faith-based responses both to environmental conflict and to the plight of migrants have been significant. Religion’s impact upon international deliberations regarding environmental migration is likely to continue growing as long as religious values are translatable to secular humanitarian efforts. Even when members of religious communities are lumped in with the rest of “civil society,” their emphasis on moral values, their ability to intervene on behalf of affected populations, and their role as service providers serve them well as proponents of efforts to include victims of environmental disaster and climate change as deserving recognition and support from governments and the international community. The “moral authority of faith leaders” is also less about the introduction of alternative moral valuations than a strategic advantage in efforts to gain access to and build trust with victims of humanitarian emergencies. 

  • There is, however, an additional role that faith-based actors have yet to embrace as the international response to increasing numbers of environmental migrants evolves. As multilateral deliberations increasingly consider “loss and damage” as a result of environmental disasters, including climate change, they are unsurprisingly limited to accounting for the loss of livelihoods and material assets, such as farms or homes. To date, little attention has been given to the consequences of non-economic or intangible loss, including loss of community identity, social cohesion, and traditional knowledge. Religion’s focus on moral and cultural questions of meaning and value make it a potential resource in coming to terms with the consequences of intangible loss. 

November 1, 2019

* Robert Albro is the Research Associate Professor at CLALS.

Latin America: Freelance Journalists are Essential but Vulnerable

By Bill Gentile*

Bill on patrol with the Sandinista Army in the northern mountains of Nicaragua in the 1980s.

Gentile on patrol with the Sandinista Army in the 1980s/ Backpack journalism – copyright Bill Gentile

Freelance journalists are at the center of covering many of the most important news stories in Latin America but face increasing threats to their security and well-being. Tough economic realities and competition from the internet have forced most traditional U.S. and European media to close their bureaus across the region since the 1980s. Whereas maintaining a bureau may have cost $250,000 a year (and double that for a TV production team), these companies can now get reporting from freelancers for a small fraction of that cost. Consumers of news in and outside Latin America have become steadily more dependent on unaffiliated journalists for information on key developments.

  • Prize-winning journalist Jason Motlagh, for example, is a freelancer who has done groundbreaking stories on gang activities in El Salvador, even accompanying specialists exhuming the bodies of murder victims whose families yearn to give them proper burial. Independent reporter Frank Smyth has covered violence in Central America, and in Colombia he uncovered that U.S. counter-narcotics aid was being diverted to death squads run by Colombian military intelligence. Ioan Grillo has explored tunnels under the U.S.-Mexico border through which drugs and humans are smuggled. Stories such as these are rarely, if ever, reported by the “legacy media” that used to have full-time staffers in the region.

Although news consumers outside Latin America depend on them for ground truth, the freelancers lack the infrastructure and protections of their brethren in staff media positions. They hire local “fixers” to navigate complex places and gain situational awareness, but they depend mostly on their wits – and luck – to survive. Many report feeling exploited.

  • Security is their top concern. Criminal groups target any reporter looking into their activities, and freelancers – who often have the depth, language, and ideals to cover them aggressively – pose a particular threat. When journalists working as staff for traditional media have been kidnapped, their companies have helped get them released – something that freelancers can only dream of. Protection from governments is important too. The Committee to Protect Journalists has reported that 75 of the 251 journalists arrested for their work in 2018 were freelancers.
  • Some companies’ tendency to pay late, or never, is another problem. Even journalists with strong track records report having been assigned stories, submitting them on time, and then waiting months for payment. Overdue fees of up to $60,000 are not unheard of. Because of declining budgets, even excellent reporters working for serious news outlets have been forced to change careers.

Despite these trying conditions, freelancers still do solid journalism that supports the interests of the countries in which they work and the international community. But fairness dictates that the media who use them and the consumers of their news, including Latin America watchers like us, support ways to better protect them and their jobs. Some organizations, such as the Pulitzer Center on Crisis Reporting, provide assistance to reporters. The London-based organization ACOS Alliance is trying to “embed a culture of safety” throughout the industry. Its “Freelance Journalists Safety Principles” have been endorsed by nearly 100 news organizations, but the code lacks an enforcement mechanism. Some freelancers have proposed forming a trade union, but the mechanisms for binding media to contracts will be difficult to establish. The elements of a solution are not beyond reach, however. The staff foreign correspondent, representing a powerful media organization in North America or Europe, may be a dying breed, but the truth that they seek to report is not.

October 29, 2019

*Bill Gentile, a veteran news reporter, teaches journalism at American University. His video series, FREELANCERS with Bill Gentile, is available on multiple platforms including iTunes, Amazon, Video On Demand and Google Play.

Latin America: Drug Traffickers Vary Routes as Circumstances Warrant

By Carolina Sampó

U.S officers confiscating narcotics in the Eastern Pacific

Crews from the U.S. Coast Guard Cutter Waesche offload nearly 660 kilograms of narcotics, Feb. 2, 2015 / Coast Guard Compass / Creative Commons / https://coastguard.dodlive.mil/files/2015/07/1785654.jpg

Drug traffickers, who have proven agile at avoiding detection and interdiction in the past, are increasingly creative in moving their product to market through circuitous routes – even moving cocaine through Africa on its way to the United States. Since cocaine is produced only in Colombia, Peru, and Bolivia but consumed in many other countries, the criminal organizations run robust, expansive distribution networks. Routes are not chosen by chance; the traffickers are rational actors who evaluate the risks and advantages depending on circumstances, just as they did by shifting the flow to Central America and Mexico in the early 2000s when counternarcotics operations made the Caribbean less hospitable. My review of the criminal organizations’ shifts indicates they see several basic factors as key to determining a low-risk route:

  • The weakness of the state used as a transit route is key. A state without control of its borders and without effective presence in significant parts of its territory is particularly vulnerable to domination by criminal organizations. Corruption and impunity in government and society in general are also major factors. The availability of logistics networks controlled by local criminal organizations guarantees the secure movement of drugs. To make the business sustainable in the long term, traffickers want groups to have cooperative relations, not competitive tensions, and solid control over operating areas. While some instability has proven helpful to traffickers’ expansion, too much undermines their confidence. Evidence suggests, for example, that the deepening crisis in Venezuela has persuaded some traffickers to choose Brazilian routes. 
  • The countries of the “Northern Triangle” of Central America – Guatemala, Honduras, and El Salvador – are vivid examples of how state weaknesses, corruption, and impunity open the door to Mexican and Colombian criminal organizations’ activities. Traffickers hire smaller criminal organizations – such as maras –to provide them the local support they need. In Venezuela, corruption has long been a factor, but the government’s inability to exercise sovereignty in border areas is increasingly a problem. The Colombian government does not exercise control over large parts of its national territory, and the breakdown of its peace agreement with the FARC suggests the situation will worsen. 

Some trafficking routes seem counterintuitive. Some of the cocaine reaching North America, for example, does not reach that market through Central America. My research indicates that it leaves South America through Brazil or Venezuela and goes to Western Africa, from which it is redirected to a final destination, sometimes entering the United States through Canada. 

  • The UN Office on Drugs and Crime (UNODC) reported last year that only 39 percent of the cocaine reaching the United States in 2016 came through Mexico, compared to 70 percent in 2013. Even though it may seem absurd, especially considering the distances involved in shipping through Africa, criminal organizations reduce risks if they do not take the Central American route. They are apparently using this new route also to create a wider market – some of the drug may go to Russia, for example, or to Asia and even Oceania – as well as to satisfy demand on the African continent. 

Governments seeking to stop the drug trade have not shown as much agility as have the traffickers, who have proven over the years that they can adapt to eradication, surveillance, and interdiction – which remain central elements of governments’ strategies. Colombia’s production surge, despite multi-billion-dollar programs over the past 20 years, shows that much work remains on strengthening the state and reducing corruption and impunity there as well as in transit nations. Addressing drug use as a public health challenge holds promise but requires political commitment that most big consumer countries have so far lacked. Efforts to follow the money trail and freeze suspects’ accounts help but haven’t dealt a mortal blow. No single tactic will work, and no strategy will work as long as governments’ partners show the vulnerabilities that traffickers are so adept at exploiting.

September 27, 2019

*  Carolina Sampó is Coordinator of the Center for Studies on Transnational Organized Crime (CeCOT), International Relations Institute, La Plata National University, and a researcher at the National Scientific and Technical Research Council (Conicet) and Professor at the Buenos Aires University.

Latin America: The Perils of Judicial Reform

by Aníbal Pérez-Liñán and Andrea Castagnola*

Former President of Chile and current head of the United Nations OHCHR Michelle Bachelet addresses the Chilean Supreme Court in 2015

Former President of Chile and current UN High Commissioner for Human Rights Michelle Bachelet addresses the Chilean Supreme Court in 2015/ Gobierno de Chile/ Flickr/ Creative Commons/ https://www.flickr.com/photos/gobiernodechile/22180910394

Conventional wisdom that institutional reforms always strengthen the judiciary is not supported by the facts. A constitutionally fixed number of justices is widely thought to make “court packing” more difficult, and longer terms in office supposedly protect judges from partisan trends. Nomination processes that involve multiple actors should produce moderate justices; high requirements for impeachment should protect judges from legislative threats; and explicit powers of judicial review should assure politicians’ compliance with judicial decisions. Our research, however, shows that institutional reforms often undermine judicial independence, even when they appear to improve constitutional design along these crucial dimensions.

  • Countries with longer democratic traditions such as the United States, Chile, Costa Rica, and Uruguay display low turnover: few justices leave office in any given year, and their exits appear to follow a random pattern. But countries like Bolivia, Honduras, Guatemala, El Salvador, and Paraguay – all of which nominally protect judges from political pressures – display abrupt patterns of judicial turnover. On repeated occasions, a majority of the court has left in the same year, allowing for a complete reshuffle. About half of all exits in our sample took place in years when more than 50 percent of a court left at once, mostly due to political pressures.
  • Some constitutions create turnover by design. Until 2001, for example, Honduran justices served for four years, concurrent with the presidential term. However, less than 30 percent of court reshuffles can be explained by constitutional rules. In Argentina, even though the Constitution grants Supreme Court justices life tenure, presidents forced a majority of justices out of office in 1947, 1955, 1958, 1966, 1973, 1976, and 1983.

Our project analyzed the tenure of almost 3,500 justices serving in Supreme Courts and Constitutional Tribunals in the Western Hemisphere since 1900. We found – against our expectations – that several constitutional reforms increased the likelihood of turnover in the high courts. Because major reforms produce turnover in Supreme Courts and Constitutional Tribunals, they create new opportunities for parties to appoint loyal judges and politicize the courts.

  • Constitutional reforms that involve more actors in the nomination of justices (i.e., “multilateralize” the process) also increase turnover in the high courts. Reforms that constrain the removal of justices (for example, requiring supermajorities for their impeachment) paradoxically have prompted the exit of justices in democracies. Constitutional reforms that granted courts explicit powers of judicial review of government actions increased judicial instability, and reforms that grant life tenure to justices on average created turnover in the high courts, particularly when adopted under dictatorships.
  • Two basic reasons seem to explain these paradoxes. In the short run, reformers exercise (and abuse) “constituent” power, restructuring the courts in ways that force the resignation of incumbent justices or create new vacancies. In the long run, formal constitutional protections for the judiciary create a strategic trap. If parties can use informal instruments, such as threats and bribes, to induce the resignation of judges, their incentives to deploy those blunt instruments are greater when justices are completely isolated from other forms of political influence.

Some features of constitutional design – including life terms and supermajority requirements to impeach judges – do explicitly protect justices against purges. Other constitutional features, however, create incentives for the political capture of high courts. Greater powers of judicial review, for example, make courts politically relevant and, therefore, more important targets. A constitutionally fixed number of seats prevents court “packing” but encourages purging as an alternative. Appointment procedures controlled by the President and Congress make purges profitable for them. Irrespective of their stated goals, constitutional amendments and replacements offer a window of opportunity to reorganize the composition of the judiciary.

  • Judicial purges occasionally pursue desirable goals, like the removal of judges who have been corrupt or obstructed transitions to democracy, but a recurrent pattern of politicized replacements inevitably produces a weak judiciary, creating an unstable interpretation of the laws and the Constitution.

July 9, 2019

* Aníbal Pérez-Liñán teaches political science and global affairs at the University of Notre Dame, and Andrea Castagnola teaches judicial politics at the Universidad Torcuato Di Tella, in Buenos Aires. Their project was supported by the National Science Foundation. Conclusions expressed here do not necessarily reflect the views of the NSF.

Latin America: Which Election Rules Work Best?

By Cynthia McClintock*

President Nayib Bukele and his wife waving to the crowd on his inauguration day

Inauguration of President Nayib Bukele in El Salvador / PresidenciaRD / Flickr / Creative Commons

Latin American countries’ shift in recent decades from presidential-election rules awarding victory to candidates winning a plurality (“first past the post”) to majority runoff (a second round between the top two candidates if no candidate reaches a majority) has been successful overall. By 2016, 12 of the region’s 18 countries classified as “electoral democracies” used runoff, compared to only one, Costa Rica, prior to 1978. (Click here for a full explanation of the classifications.) Adopted in part due to the traumatic military coup against Chile’s Salvador Allende, elected in 1970 with only 36 percent of the vote, runoff enhanced the legitimacy of incoming governments and enticed candidates towards the political center. The runoff reform also lowered barriers to entry into the electoral arena by the previously excluded political left – a major challenge to many Latin American democracies in the 1980s-2000s.

  • Under runoff, a new party is not a “spoiler” party. Runoff allows voters to vote more sincerely in the first round – for the candidate whom they prefer – rather than strategically, i.e., for the preferred candidate whom they think can win. Also, a party has a second opportunity – if it is the runner-up, to win, but otherwise to have its voice heard, usually through its power of endorsement. Under plurality, if a new party wants to have any chance to win, it usually must ally with another party with an established political base, but alliances are problematic and dilute the new party’s brand.
  • According to virtually all studies, including my study of Latin American elections between 1978 and 2012, the number of political parties was larger under runoff rules than under plurality rules. And, in my study, a “new party” became a “significant contender” considerably more often under runoff.

Because of the increase in the number of parties, many observers opposed runoff. Although five or 10 or, worse yet, 15 or 20 parties indeed pose challenges for governability, evidence shows that a larger number of parties was not in fact correlated with inferior scores for political and civil rights as measured by Freedom House and Varieties of Democracy (V-Dem). Under plurality, the hold of traditional “cartel” parties was not loosened and participation was not expanded.

  • Runoff also impeded the election of a president at an ideological extreme. By definition, a candidate cannot appeal only to the 30-40 percent of voters in a “base” that is outside mainstream opinion. Often, runoff has pulled presidential candidates towards the center – a process evolving over the span of several elections as the need to appeal to the center becomes clearer. Among the presidents in runoff systems shifting towards the center over one or more elections were Brazil’s Luiz Inácio (Lula) da Silva; El Salvador’s Mauricio Funes; Guatemala’s Álvaro Colom; Peru’s Ollanta Humala; and Uruguay’s Tabaré Vázquez. Latin American countries under runoff arguably enter a virtuous circle with lower barriers to entry, the requirement for majority support, and ideological moderation. By contrast, a vicious circle emerged in plurality countries such as Honduras, Paraguay, and Venezuela, where plurality was one factor blocking the emergence of new parties, and perceptions of exclusion abetted polarization.

To date in 2018-2019, elections were held in runoff countries (Brazil, Colombia, Costa Rica, and El Salvador) and plurality countries (Mexico, Panama, and Paraguay). The election in Costa Rica showed the enduring importance of runoff: the evangelical candidate who had won the first round with only 25 percent was defeated by a center-left candidate in a landslide in the runoff. By contrast, legitimacy deficits, with presidents winning less than 50 percent, were likely in both Panama and Paraguay, and a legitimacy deficit was only narrowly avoided in Mexico. Further, in El Salvador, President Nayib Bukele, leading a new coalition, defeated the two long-standing parties. By contrast, in the plurality elections in Mexico, Panama, and Paraguay, new parties did not make significant headway.

  • Overall, in 2018-2019, the trend was towards the candidate, whether to the right or the left, who most effectively channeled voter anger against official corruption. Also, the trend was towards more severe political polarization and, as a result, the growing possibility that the candidate most able to defeat every other candidate in a pair-wise contest – the “Condorcet winner” – did not win. In two of the three runoff countries – Brazil and Colombia – it appears very likely that the Condorcet winner did not reach the runoff. It is not yet clear, however, what, if anything, should be done to counter this possibility.

 Although of course no electoral rule is a panacea, the greater openness of the electoral arena under runoff rules has facilitated the defeat of long-standing parties that had lost majority support but retained political bases. Presidents have been enticed towards the political center and, with majorities of the vote, not suffered legitimacy deficits. There is no ideal solution to the challenge of the emergence of too many parties, but more promising remedies include scheduling the legislative vote after the first presidential round, as in France, and establishing thresholds for parties’ entry into the legislature. A ranked-choice voting system – the “instant runoff” system in place in only a handful of countries – could conceivably work in the long run, but runoff rules have already helped Latin America expand inclusion and secure victors’ legitimacy.

June 14, 2019

*Cynthia McClintock is Professor of Political Science and International Affairs at George Washington University. This article is excerpted from her paper The Reform of Presidential-Election Rules in Latin America: Plurality, Runoff, and Ranked-Choice Voting, presented at LASA in May 2019.

 

The Arrival of #MeToo in Latin America

By Brenda Werth

#NiUnaMenos

#NiUnaMenos Protest in Neuquen / Flickr/ Creative Commons

The #MeToo movement – described frequently as a moment of reckoning in the societies it touches– is arriving in Latin America, but the region’s own #NiUnaMenos movement provides a superior model for driving awareness of violence against women.  Latin America has a deep history of activism against gender violence, including decades of organizing against feminicide at the U.S.-Mexico border and most recently the mass mobilizations of #NiUnaMenos in Argentina, Peru, Brazil, and Chile.  Two major cases have breathed life into the framework of #MeToo in the past three months: Argentine actress Thelma Fardín’s open denunciation in December of actor Juan Darthés for raping her on the set of the children’s show “The Ugly Duckling” when she was 16 years old; and most recently, the mounting accusations of sexual assault and misconduct against former Costa Rican President and Nobel Laureate Oscar Árias Sánchez.  In denouncing celebrities and politicians in positions of power, #MeToo in Latin America replicates the pattern of “toppling the powerful, not the ordinary.”

While the significance of bringing down the powerful and those who historically have seemed most immune from prosecution and public scrutiny should not be underestimated, the concern that #MeToo so far has had little effect in changing attitudes of the ordinary or holding the ordinary accountable is a valid one and presents a much bigger and strategically important problem.  New York Times writer Amanda Taub writes that “the movement has had little effect on the broader problem of sexual abuse, harassment and violence by men who are neither famous nor particularly powerful.” While addressing the broader problem of sexual abuse, holding perpetrators accountable, and implementing long term systemic change are central tenets to the original mission of #MeToo as envisioned by founder Tarana Burke, there is a sense that the movement’s adaptation and subsequent viralization have narrowed the movement to focus primarily on cases of sexual abuse with potential for media spectacularity.

  • The #NiUnaMenos movement in Latin America, on the other hand, offers concrete examples of how to address the broader problem of sexual abuse and gender violence at the grassroots level through open popular assemblies, rallies, demonstrations, collective performances, and social media. University of California Professor Alyson Brysk notes the importance of the grassroots organizing against gender violence that preceded #MeToo.  #NiUnaMenos was first introduced in 2015 by Argentine journalists, activists and artists who, outraged by the murder of 14-year old Chiara Páez by her boyfriend, announced a call of action via social media to build solidarity against gender violence and feminicide.  Cecilia Palmeiro, one of the movement’s founding members, says #NiUnaMenos embraces a “feminism from below” that is intersectional, transversal, and horizontal and engages with marginalized communities, with a revolutionary lineage of activism passed down from the Mothers, Grandmothers and other human rights groups.  In joining forces with the International Women’s Strikes, #NiUnaMenos makes the crucial link between gender violence and the forms of economic inequality and exploitation that affect women worldwide.

While #MeToo “jumps to countries across Asia, Europe, and Latin America,” the lessons of movements from Latin America such as #NiUnaMenos are indeed more valuable – and worth being studied by the United States and Europe. A hemispheric exchange of ideas, methods, and practices between movements such as #MeToo and #NiUnaMenos would help establish new networks of solidarity while drawing attention to the diverse challenges and questions that inform both movements and the contexts in which they emerged. Furthermore, mutual acknowledgment of the sophistication and potential international impact of these and other movements would help to dispel the notion that Latin America is “catching up” by finally grappling with #MeToo and would contest the familiar trope of knowledge dissemination from North to South.

March 8, 2019

* Brenda Werth is Associate Professor and Department Chair, World Languages and Cultures, at American University.