Summit of the Americas: Awkward Agenda, Dim Prospects

By Eric Hershberg

Large group of men and women stand awkwardly while waving to a crowd

Leaders from the hemisphere during the last Summit of the Americas in 2015. / Maria Patricia Leiva / OAS / Flickr / Creative Commons

Preparations for the 8th Summit of the Americas, scheduled for April 13-14 in Lima, face a number of challenges.  Trump Administration measures have upended longstanding assumptions throughout the hemisphere about Washington’s agenda in the region and beyond.  No less distracting is the wave of ongoing corruption scandals in Latin America and impending elections in numerous countries.

  • The three presidential summits attended by President Barack Obama (2009, 2012, and 2015) arguably were shaped by the standing of the United States in the region. Emphasizing “change we can believe in” at his first presidential summit, in Trinidad, Obama pledged that the United States would be a partner rather than an embodiment of hubris.  Leaders across the ideological spectrum applauded.  Yet the second, three years later in Cartagena, was a disaster for Washington, with even friendly heads of state lambasting the President for continuing an unacceptable Cold War line on Cuba and rigid drug control policies.  It was in the wake of this embarrassment that Obama finally moved to change policy toward Cuba.  This watershed, supplemented by advances in other areas overseen by Vice President Biden, made Obama’s third summit, in Panama in 2015 – attended by Cuban President Raúl Castro – a much more positive experience.

This year’s Summit seems unlikely to produce advances – substantive or symbolic – and indeed has the potential both to highlight conflicting agendas and even to provoke widespread ridicule.

  • Under normal circumstances, the partial but damaging reversal of Obama’s Cuba opening would elicit hostility from Latin American leaders, but tensions over Trump’s dramatic departure from traditional U.S. positions on trade and climate, and his caustic posturing on immigration policies that especially impact Mexico and Central America, may overshadow regional bewilderment at Washington’s renewed hostility towards Havana. Latin American countries that Trump jilted at the altar when he summarily withdrew the United States from the Trans-Pacific Partnership (TPP) have begun moving on – negotiating trade deals with China while uniting with Canada and seven Asian countries to form “TPP 2.0.”  That chauvinism and race, not security, are at the heart of Trump’s “Great Wall” proposal is widely understood and resented in Latin America.
  • Trump’s postures and policies are by no means the only strain on the summit agenda. Venezuela’s meltdown and impending elections are of grave concern to virtually all leaders who will attend, whether President Maduro does or not, yet there is no consensus on what to do about the problem and the humanitarian emergency it has spawned.  Questions about the legitimacy of Brazilian President Michel Temer diminish the standing of the hemisphere’s second largest democracy.  Tensions swirling around the Summit’s host – Peruvian President Pedro Pablo Kuczynski (PPK) – are also intense.  PPK is but one of numerous incumbent and recent Latin American presidents under siege by corruption allegations.  Strong evidence of corruption among presidents of Latin American countries big and small will hardly be news to anyone, but the scope of the problem – and the strength of public rejection of it – means many governments will come to the Summit wounded and distracted.

The irony that the theme of this year’s Summit is “Democratic Governance against Corruption” will be lost on no one, as the Lava Jato investigations and lesser inquiries reveal the venality of government after government.  OAS Secretary General Luis Almagro, a co-host of the Summit, has done his fair share to rescue the region from authoritarian and corrupt leaders – challenging both Maduro and the tainted reelection of Honduran President Juan Orlando Hernández – but few others in the hemisphere have lived up to the lofty rhetoric about democracy and anti-corruption at previous summits.  The Peruvian national host is hardly in a position to steer the Summit to take on Trump on matters such as TPP.  If he were not so badly tainted by recent events, he could have represented the globalists in the Americas who are convinced that a misguided America First posture issuing from Washington amounts to a U.S. abdication of leadership on trade, climate, and other pressing matters.  Yet it is now doubtful whether he will be able to say anything more than “Welcome to Peru.”  The smiling faces in the protocol photos will conceal the striking disjuncture between the Summit agenda and its protagonists.

 February 6, 2018

Lima Group: Committed to Democratic Principles?

By Nicolás Comini*

Group of men and women stand at a podium

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

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

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

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

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

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

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

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

January 30, 2018

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

The Anticorruption Imperative for Latin America

By Matthew Taylor*

Bar graph showing accountability in Latin America

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

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

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

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

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

November 6, 2017

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

And the Winner is… Trump in Latin America

By Nicolás Comini*

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U.S. President Trump and Argentine President Macri meet in the Oval Office. / Official White House Photo by Shealah Craighead / Wikimedia / Creative Commons

Criticism of U.S. President Donald Trump’s policies toward Latin America ranges from mild to furious in the region and among many U.S. Latin America watchers, but that anger is not likely to drive greater regional unity and demands for a more balanced relationship.  Trump’s rhetoric – emphasizing sovereignty, nationalism, and protectionism – have long been popular concepts in many countries of the region.  During Latin America’s recent “turn to the left,” for example, political leaders embraced a developmentalist emphasis on using tariffs and non-tariff trade barriers to give domestic industries an advantage in national economic expansion strategies.  But the U.S. President’s statements have generally infuriated not only the left as reflecting bias on an array of issues, such as immigration, but also the right.

  • Trump’s policies contradict the prescriptions that Washington has been advocating – and most conservative politicians have embraced – for Latin America for many years. Those prescriptions have emphasized free trade but touched on other issues as well, such as the shift (symbolic and material) of resources from traditional national defense to the “war on drugs.”  Trump’s “America First” approach undercuts his natural allies in Argentina, Brazil, Mexico, and elsewhere.  It has also given their leftist opponents a sense of legitimization of their anti-Americanism speeches, something that is surging also because of Washington’s new policies toward Cuba.
  • The U.S. summary abandonment of the Trans-Pacific Partnership (TPP), conservatives’ last great hope for deeper trade integration with the United States, left them angry. According to the ECLAC, 73 percent of all FDI in Latin America in 2016 came from the United States (20 percent) and the European Union (53 percent).  Individuals with strong anti-Communist credentials in Colombia, Chile, and Peru are all flirting with joining China’s Regional Comprehensive Economic Partnership (RCEP).

Regional organizations show no sign of providing leadership in how to respond to U.S. policy.  UNASUR is fading rapidly, in part, because it was labeled by the new conservative governments as too Bolivarian and anti-American.  Something similar is happening with the CELAC.  MERCOSUR is struggling, in part, because of the political tumult in Brazil.  Indeed, most governments are trying to remain friends with Washington, prioritizing bilateral agendas in detriment of regional (multilateral) institutions and mechanisms.

The surge in resentment toward Washington – within and among Latin American countries – is unlikely to lead to increased regional unity.  Internally, the left and right may agree that Trump is harming their interests, but their reasons are different and prescriptions for dealing with it are far apart.  On a regional basis as well, the current context accelerates the atomization of the region – and threatens to expand the bargaining power of the great powers of the United States, China, Germany, or Israel.  Although China is making inroads, in the end the United States has, and will retain, the greatest influence in Latin America – and the lack of efficient regional decision-making will prolong that situation.  Latin American fragmentation will create an image of acquiescence – and President Trump will think he is not doing so badly in the region.

October 18, 2017

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

Migrants Make Family Back Home Critical of Government

By Clarisa Pérez-Armendáriz and David Crow*

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A mural depicting the transnational migrant experience. / Max Herman / Flickr / Creative Commons

Latin American citizens who discuss politics and belong to a transnational household – a household in which at least one member lives abroad – are more critical of their democracy than those who discuss politics but have no household members abroad.  In our recently published report, we use data from 2006-08 Americas Barometer surveys in 20 Latin American countries to demonstrate that among transnational household members (THMs) with an emigrant living in the United States, assessments of how democratic their country is, satisfaction with their country’s currently existing democracy, and pride in their democratic system all decline as discussions about politics become more frequent.

THMs talk about politics with their emigrant household members across international borders.  When they hear about the political and social system in the U.S., they become more aware that they have reason to be critical of their system’s performance, and judge their own democracy more harshly.  Skeptics counter that migrants and their children – particularly ethnoracial minorities – are marginalized, second-class members of receiving societies, which would logically alter the impact of their communications with THMs.  Public opinion polls show, however, that immigrants embrace and adopt their host country’s political beliefs and behaviors within as little as two years and that their social, political, and religious organizations give them a feeling of civic engagement they did not have back home.  Furthermore, even when conditions abroad are difficult, civil liberty protections in the U.S. enable immigrants to mobilize politically and to demonstrate a greater sense of personal efficacy – two traits that THMs respect.

  • Even absent cross-border political discussions, having a household member abroad shifts THMs’ sense of political community to include co-nationals living both at home and abroad. In turn, THMs expect their government to deliver the goods of democracy to its citizens wherever they live.  Data from the Mexico, the Americas, and the World survey in 2014 provide initial support for this claim.  Among Mexican THMs, 65 percent described “protecting nationals abroad” as a very important foreign policy objective, compared to 52.8 percent of non-THMs.  Furthermore, this policy emphasis indirectly influenced negatively their feelings toward President Enrique Peña Nieto, giving him a slightly lower “thermometer score.”
  • To the extent that THMs’ everyday talk (with other THMs or non-THMs living in Latin America) about politics revolves around this transnational sense of community (in contrast to the narrower national identity of non-THMs) THMs become aware that they have even more reasons to be critical of their government’s performance than do fellow citizens without migrant connections. Our analysis of this rests entirely on the case of Mexico, but we believe it holds elsewhere in Latin America since, of all the countries in the region, Mexico provides the most extensive range of services to its citizens abroad.

The 2006-08 Americas Barometer data that we used predates major shifts in U.S. immigration policy during President Obama’s term and, in particular, the hard shift in rhetoric, roundups of undocumented migrants, and deportations during these first months of the Trump Administration.  The sense of political efficacy that democratic rights to mobilize and protest produces among immigrants may decline in impact if, as reported, migrants are keeping a low profile out of fear of capture or harassment.

July 5, 2017

 *Clarisa Pérez-Armendáriz is an Assistant Professor at Santa Clara University. Her research, which focuses on how immigrants influence politics in their origin countries, has appeared in Comparative Political Studies and Studies in Comparative International Development.  She is also a participant in the Robert A. Pastor North America Research Initiative.

*David Crow is an Associate Professor of International Studies at CIDE (Mexico City). He is co-PI (and past director) of the Americas and the World survey on international relations and the Human Rights Perceptions Polls, and formerly Associate Director of the Survey Research Center at UC Riverside.  His research has appeared in Comparative Politics, Comparative Political Studies, Political Psychology, Human Rights Quarterly, and elsewhere.

OAS Secretary General’s Third Way Stumbles

By Stefano Palestini Céspedes*

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Luis Almagro, OAS Secretary General, at the first day of General Assembly in Cancún, June 2017. / Juan Manuel Herrera / OAS / Flickr / Creative Commons

OAS Secretary General Luis Almagro’s effort to drive the organization’s actions on Venezuela through international mobilization appears to have run its course without success during the recent General Assembly.  From the outset, Almagro faced the tough dilemma of what to do when OAS members did not want to fulfill their commitments and were reluctant to invoke the Inter-American Democratic Charter against the Venezuelan government.  As in most international organizations, the OAS Secretary General does not have strong authority to enforce its legal instruments and essentially had two options to cope with the dilemma:

  • To admit his lack of authority – and thereby signal to the world that the organization’s commitments, such as the Democratic Charter, are not credible. In the international system, there are plenty such non-credible and non-enforceable commitments, ranging from the EU Treaty (Article 7) to the Kyoto Protocol.
  • To use his limited powers to persuade member states from within – persuading national representatives to take action. This approach risks to be perceived from outside as inaction.  If persuasion succeeds and member states decide to enforce their commitments, the credit will most likely go to the member state playing the role of leader, and not to the institution.

Faced with Venezuelan President Maduro’s rejection of the OAS’s good offices and with member states’ preference to assign diplomatic leadership to UNASUR (over which Maduro had influence), Almagro chose a third way:  to drive OAS internal processes by pressing member states from outside via international public mobilization.  Through a series of actions in his own name – issuing reports, statements, and posts on social networks – Almagro called the attention of the international community and media to the OAS’s naming and shaming of Venezuela.  By doing so, he indirectly raised the cost of inaction of member states reluctant to take a strong stand.  Maduro’s increasingly undemocratic behavior, and the election of new governments in some key states, particularly Argentina and the United States, improved the odds of success.  Indeed, the OAS gave the Venezuela crisis unprecedented salience, and on April 3 the Permanent Council passed a resolution (approved by consensus but with only 17 states in the room) that, for the first time in OAS history, demonstrated that a democratically elected government could be condemned because of “unconstitutional alterations of the constitutional order.”  A core group of 14 countries – representing more than 90 percent of the hemisphere’s population – coalesced to back up the activist Secretary General.

  • The 47th General Assembly in Cancún was supposed to crown the strategy’s success by moving the OAS from a condemnation of Venezuela towards a common plan for engagement – specifically one embracing the anti-Maduro opposition’s demands. Venezuelan diplomats managed to convince some Caribbean states – dependent on Venezuela’s Petrocaribe program to withhold support of the resolution, causing the OAS-14’s plan to fail to achieve the two-thirds majority by only three votes.  (An alternative resolution put forward at the last minute by San Vicente also failed.)

Secretary General Almagro’s “third way” approach was risky, made under the assumption that the two traditional options would fail.  Reasonable observers can second-guess him, but there is little evidence that either of the other options would have fared any better.  The crisis in Venezuela is a hard case for the Inter-American Democratic Charter, and the OAS’s strict intergovernmentalism militates against decisive action.  Almagro’s public relations pressure from outside arguably worked with the larger states, but alienated the smaller.  A more cautious approach (as I argued here) perhaps would have helped to bring CARICOM states on board.  For now, what is clear is that the OAS will not play a major role in managing Venezuela’s democracy crisis – unless the already severe situation in the country shakes even the OAS fence sitters.  A pending question is whether the OAS might succeed in inventing a role for itself in post-crisis Venezuela.

June 30, 2017

Stefano Palestini Céspedes is a former CLALS Research Fellow and Postdoctoral Fellow at the Department of Political and Social Sciences at the Freie Universität Berlin, where he specializes in international organizations and regional governance.

Who Really Benefited from the Commodities Supercycle – and Who Loses with Its End?

By Carlos Monge*

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Latin American governments and business associations have tended to overstate the benefits of extractive industries during the commodities supercycle that ended in 2014-15.  Resource-rich Latin American countries did experience high rates of economic growth and diminished poverty and inequality during the boom years.  On the surface, this would appear to strengthen arguments that – despite their negative environmental impact – extractive industries are the key to progress, especially in resource-rich areas.  Nevertheless, a closer look at data from household surveys in Bolivia, Chile, Colombia, Ecuador, and Peru shows that things are a bit more complicated.

  • The inequality gap between individuals, as measured on the GINI Index, has narrowed, but the gaps between groups of the population have not evolved evenly. For example, the National Resource Governance Institute (of which I’m regional director) recently completed a study of the performance of social indicators during the supercycle that concluded that the poverty gap between urban and rural populations has increased in all countries.  (The report is available in English and Spanish.)  In Peru and Chile, the gap increased more in territories where extractive territories are located, while in Colombia, Bolivia, and Ecuador less so.  The gap between indigenous and non-indigenous populations increased only in extractive territories in Ecuador, decreasing in both extractive and non-extractive settings in the rest of the countries considered.  Regarding gender, in all five countries the gap between men and women increased slightly in non-extractive territories and decreased a bit more in extractive ones.

This report establishes correlations between the increase in extractive activities, the availability of extractive rents, and patterns of inequality reflected in social indicators, but it does not establish a causal relation between such variables.  For example, the data show that urban populations in Peru’s extractive regions have benefited more than rural ones – which some very preliminary research shows is probably because urban centers provide extractive projects with the goods and services they need, while less sophisticated rural areas do not.  At the same time, rural populations have to compete with the extractive projects for those same urban goods and services, and with local governments for the labor force that the public sector contracts to develop infrastructure projects that are paid for through increased revenues delivered by the extractive sector.  This is what we have called the “Cholo Disease.”  A variation of the “Dutch Disease,” it reflects a loss of competitiveness resulting not from large exports of raw materials causing the currency to appreciate, but rather from increases in the cost of labor and of urban goods and services consumed by campesinos.  However, a more definitive explanation regarding exactly how this happens in Peru and in other countries certainly needs further research.

While our data clearly show the impact of mining and hydrocarbons extraction and the resulting expenditure of extractive rents on the poverty gaps between urban and rural populations, men and women, and indigenous and non-indigenous populations, further investigation into the causes and consequences is needed.  The end of the supercycle has already meant a fall in growth rates and extractive revenues, leading to a worrisome rebound in poverty rates.  We are still unable to answer, however, the question of how broadly it will impact the substantial segments of Latin America’s population that emerged from poverty but remains in a vulnerable position – and how it will aggravate poverty gaps among individuals and between groups in extractive and non-extractive territories.

May 16, 2017

* Carlos Monge is Latin America Director at the Natural Resource Governance Institute in Lima.

Latin America: End of “Supercycle” Threatens Reversal of Institutional Reforms

By Carlos Monge*

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By Eduardo Ballón and Raúl Molina (consultores) and Claudia Viale and Carlos Monge (National Resource Governance Institute, América Latina), from Minería y marcos institucionales en la región andina. El superciclo y su legado, o las difíciles relaciones entre políticas de promoción de la inversión minero-hidrocarburífera y las reformas institucionales, Reporte de Investigación preparado por NRGI con colaboración de la GIZ, Lima, Marzo del 2017. See blog text for high-resolution graphic

Policies adopted in response to the end of the “supercycle” have slowed and, in some cases, reversed the reforms that moved the region toward greater decentralization, citizen participation, and environmental protection over the past decade.  Latin American governments of the left and right used the commodities supercycle to drive growth and poverty reduction at an unprecedented pace.  They also undertook institutional reforms aimed at improving governance at large.

  • Even before demand and prices for Latin American energy and minerals began to rise in the early 2000s, some Latin American countries launched processes of decentralization (Colombia and Bolivia); started to institutionalize mechanisms for citizens’ participation in decision making (Colombia and Bolivia); and built progressively stronger environmental management frameworks (Colombia and Ecuador). Peru pressed ahead with decentralization and participation at the start of the supercycle, and when it was in full swing, created a Ministry of the Environment.
  • Implementation of the reforms was subordinated by governments’ overarching goal of fostering investments in the extractive sector. Indigenous consultation rights in Peru, for example, were approved in the second half of 2011, but implementation was delayed a year and limited only to indigenous peoples in the Amazon Basin.  President Ollanta Humala, giving in to the mining lobby, claimed there were no indigenous peoples in the Andes and that no consultations were needed around mining projects.  Local pressure forced a reversal, and by early 2015 four consultation projects on mid-size mining projects were launched.

These reformist policies have suffered setbacks since the decrease in Asia’s and particularly China’s appetite for Latin American energy and minerals has caused prices to fall – and the value of exports, taxes, and royalties, and public incomes along with them.  The latest ECLAC data show a decline in economic growth and a rebound of poverty both in absolute and relative figures.  The gradual fall in the price of minerals starting in 2013 and the abrupt collapse in oil prices by the end of 2015 reversed this generally favorable trend.

The response of the governments of resource-dependent countries has been “race to the bottom” policies, which included steps backward in fiscal, social, and environmental policies.  Governments’ bigger concern has been to foster investments in the new and more adverse circumstances.  In this new scenario, the processes of decentralization, participation, and environmental management have been negatively impacted as local authorities and citizens’ participation – as well as environmental standards and protocols – are perceived by companies and rent-seeking public officials as obstacles to investments.

  • Peru’s Law 30230 in 2014, for example, reduced income tax rates, weakened the oversight capacity of the Ministry of the Environment, and weakened indigenous peoples’ claim public lands.

The correlation between the supercycle years and the progress and regressions in reforms is clear. (click here for high-resolution graphic).  During the supercycle – when huge amounts of money were to be made – companies and government were willing to incorporate the cost of citizen participation, decentralization and environmental standards and protocols.  But now, governments are desperate for new investments to overcome the fall in economic growth and extractive rents, and extractive companies are not willing any more to assume these additional costs.  Those who oppose the “race to the bottom strategy” are fighting hard to restore the reforms and to move ahead with decentralization, increased participation, and enhanced environmental management, to achieve a new democratic governance of the territories and the natural resources they contain.

April 7, 2017

* Carlos Monge is Latin America Director at the Natural Resource Governance Institute in Lima.

Latin America: The Spirit of Constitutionalism under Attack

By Maxwell Cameron*

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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.

Peru: Can the Shamans Save the Glaciers?

By Karsten Paerregaard*

huaytapallanaceremony

A ceremony at Mount Huaytapallana during the Andean New Year. / Photo by Karsten Paerregaard.

Peru – one of the countries in the world most vulnerable to climate change – is experiencing a surge in religious ceremonies highlighting the plight of its rapidly shrinking glaciers, but the increased attention has downsides as well.  Peru has 70 percent of the world’s tropical glaciers, which provide most of the country’s fresh water and have been integrally linked to the identity of the Andean people since the Incas.  They are rapidly shrinking, however.  Mount Huaytapallana, a 5,500-meter-high glacier about 300 kilometers east of Lima, has shrunk 50 percent over the past quarter century – with profound implications for life throughout much of Peru.  Shamans in the region, whose ceremonies and offerings have long constituted a critical means of regulating the relationship between society and nature in the Andes, are reviving the practices to draw attention to this environmental crisis.

  • Most participants in ceremonies on Mount Huaytapallana come from Huancayo and other nearby cities in the central highlands, hoping that Huaytapallana will listen to their prayers and bring them good fortune. The Andean New Year on June 24, one of the most spectacular events, attracts more than a thousand people.  They offer food, drinks, candles, and cloths that are burned while the shamans say prayers to Huaytapallana in Quechua.  The event reminds people of the suffering that global warming is causing to the mountain.
  • In the southeastern highlands, Mount Ausungate attracts even bigger crowds. Around the feast of Corpus Christi each year thousands of pilgrims walk up to a sanctuary to pay tribute to an image called Señor de Qoyllur Rit’i (the Lord of the Snow Star), declared an Intangible Heritage Site by UNESCO in 2011.  The image represents Christ, who according the local legend revealed himself at the sanctuary in the 18th century, but it is also a religious relic of a pre-Columbian tradition of worshipping Andean mountain deities.  Dance groups from eight communities of pilgrims, known as naciones, play music and dance around the clock, and men dressed as bears climb the nearby glaciers of Ausungate to set up crosses and until recently set off fireworks.  An estimated 50,000 visited the sanctuary last year.

The glaciers are symbols of both the country’s indigenous past and the damage that global climate change is inflicting.  The growing participation in Andean ceremonies with religious overtones reflects the deepening concern for the profound social, economic, and spiritual implications of the environmental degradation.  It is fueled by a search for alternative answers to problems that global climate change is causing in Peru and that the country’s governments so far have failed to provide.  The surge in interest also, ironically, is cause for concern.  According to the regional government of Junín, responsible for the protection of Huaytapallana’s environment, visitors leave more than four tons of trash on the mountain every year.  The commercialization of the offering ceremonies makes it difficult to hold the shamans accountable for participants’ activities.  At Qoyllur Rit’i, Peru’s Ministry of Culture is in charge of preserving the pilgrimage according to Andean traditions, enhancing people’s awareness of Ausungate’s cultural importance, but pilgrims’ presence on the glaciers remains an issue of continuous dispute.  Shamans and environmentalists are a potentially powerful alliance, but even mitigating the environmental impact of activities by people concerned with climate change is not a simple matter.

February 6, 2017

* Karsten Paerregaard teaches in the School of Global Studies at the University of Gothenburg in Sweden.  He has participated in a CLALS project, funded by the Henry Luce Foundation, on Religion and Climate Change in Cross-Regional Perspective.