Honduras: Facing the Budget Challenges?

By ICEFI and CLALS*

Honduran Lempiras

Honduran Lempiras/ Alex Steffler/ Flickr/ Creative Commons

Honduras’ proposed budget for 2020 reduces support to the country’s most needy – while protecting the military and security agencies – and, particularly if the debate on priorities is not made more inclusive, risks exacerbating already high political tensions and chronic economic mismanagement. On the revenue side, the draft budget shows a drop in tax revenues from 18 percent of GDP in 2019 to 16.5 percent – which, ICEFI has found, is not justified by technical analysis of the circumstances. Government spending – excluding payment on the national debt but including transfers to funds and trusts – equaled 19.7 percent of GDP, compared to 21.5 percent in 2019. (ICEFI estimates that the average government spending in Central America in 2019 will be 18.5 percent.) This drop will affect most public entities, particularly in social spending.

  • Education faces deep cuts. The budget of the Secretariat of Education, for example, will drop from 4.85 percent of GDP in 2019 to 4.49 in 2020. Transfers to public universities are slated to be reduced 23.1 percent from 2019 levels, and scholarships are also on the chopping block – cut 27.5 percent for national and 37.5 percent for international scholarships.
  • Health spending in Honduras – the country with the highest poverty rates in Central America – will decline from 2.39 percent to 2.37 percent at a time that inflation is more than 4 percent. The budget for Infrastructure and Public Services will be hit hardest – cut from 0.82 percent of GDP to 0.40 percent. Capital expenditures or investment will decline 33.5 percent year on year, including 38.5 percent from machinery and equipment and 34.6 percent for construction.
  • One of the only government sectors seeing increases is in the military and security, according to ICEFI. The 2020 budget proposes a 39.6 percent increase from 2019 on military and security equipment.

At first glance, the budget would appear to produce a surplus in 2020 of about 0.4 percent of GDP, which is double that ICEFI estimates for 2019. But factoring in the transfer of resources to the funds and trusts – a more reliable way of tracking fiscal behavior – the deficit will actually be 1.5 percent of GDP. That’s lower than ICEFI’s estimate of the deficit this year (1.9 percent), but it is achieved at the expense of the wellbeing of a majority of the Honduran population.

If approved and implemented as proposed, the budget will set back several strategic goals that the Honduran government itself has set. The budget confirms the government’s desire to reduce the public deficit principally through cuts to social spending and some capital expenditures – even though the approach contravenes commitments made under the UN Convention of the Rights of the Child and General Comment No. 19 (2016) on public budgeting for the promotion of children’s rights, which establishes that states should not deliberately adopt regressive measures that undermine child’s rights.

  • Although some provisions of the budget in principle could expand production of goods and services, they do not clearly point to either social inclusion, especially in terms of gender, age, and ethnicity. Budget allocations dedicated to attention to women are very low, equaling barely 0.19 percent of all spending. Neither does the budget focus on achieving any particular Sustainable Development Goals (SDGs).

The transparency and inclusiveness of the budget debate in the Honduran Congress will be crucial to determining the longer-term impact of this budget on human rights and the provision of public goods and services to the most vulnerable Hondurans, including children, adolescents, and women. Executive and Congressional decisions on the budget will shift the country’s path toward prosperity and governance – or continue down a path of instability and tension. More breaks for those capable of paying taxes, while cutting essential services to those who cannot, will be a step in the wrong direction. At a minimum, Honduran leaders should demonstrate the benefits of such moves will outweigh the costs. The legitimacy and effectiveness of the Honduran budget will depend on a broad, inclusive, and honest debate.

November 26, 2019

* The Instituto Centroamericano de Estudios Fiscales conducts in-depth research and analysis on the region’s economies. This is the second in a series of summaries of its analyses on Central American countries.

Chile: Can Piñera Contain Popular Rage Against Liberal Capitalism?

By Irina Domurath and Stefano Palestini Céspedes*

Protesters in Chile

Protesters in Chile/ Photo by the Authors

Chilean President Piñera’s declaration of a state of emergency and public statements last weekend suggest he is prepared to suppress demonstrations rather than deal with social and political demands. On Saturday, the center-right president also delegated control of public order to Army Commander General Iturriaga and declared nighttime curfews. What started as citizen disobedience – groups of students entering the subway without paying – quickly developed into a massive, albeit uncoordinated, mobilization. Protesters destroyed several subway stations, forcing closure of the transport system that 2.8 million people rely on daily. Despite the government controls, protests spread to other Chilean cities on Sunday, reaching a scale unseen since the end of the military regime.

While the immediate trigger of the protests was an increase in subway prices, underlying the unrest is a deep social discontent over the results of decades of neoliberal policies. Most of them were implemented during the Pinochet era and largely preserved by successor democratic governments. While they were successful in reducing extreme poverty, they have also led to high levels of socioeconomic inequality.

  • The private pension system has yielded huge market revenues instead of dignified pensions; the health sector is split into an underfunded public system and a privatized system that discriminates against women and the elderly; the public education system fails to deliver social mobility; and the public transport system has not helped to overcome extreme socio-geographic segregation in the capital and beyond. Consumer markets are rigged by anti-competitive practices and collusion. The oligarchic political elite sees social policy not as a matter of citizen rights, but as a matter of charity. Parliamentarians refuse to discuss their salaries, which amount to 33 times the minimum wage. Trust in the police and the military has plummeted due to scandals of corruption and abuse of power.

Although some of the protesters targeted symbols of neoliberalism, the government’s response has reflected a lack of awareness of these underlying issues – or, worse, is trying to lay blame on individual vandals. In a televised address from Army headquarters on Sunday night, Piñera sounded a dark note: “We are at war against a powerful enemy, who is willing to use violence without any limits.” Suggesting he does not distinguish between social protesters and groups of vandals, he said, “We are ready to do everything to not fall into populism.” Piñera had previously shown a tin ear on Friday night, when shortly after eating at a high-class restaurant, he admonished citizens for evading subway fares. His remarks fueled social discontent coming just days after two businessmen were sentenced to take ethics classes as “punishment” for involvement in tax-evasion schemes and irregular payments to political allies of Piñera’s coalition.

The Piñera government is addressing the crisis as it has done it before with the student movement and the Mapuche conflict over indigenous lands in the south: treating what are indeed political issues and social discontent as a security threat. The president is playing deaf to the legitimate social and political demands of Chilean citizens, undermining the government’s credibility as a political interlocutor while also fueling an escalation of violence.

  • Chile now joins Argentina, Ecuador, Peru, and others in facing serious pressure to deal with an array of problems that incumbent governments have failed to address – reminiscent of the social mobilizations in Brazil in 2013 that culminated in impeachment and the rise of a reactionary president, Jair Bolsonaro, whose commitment to democracy is seen by many as questionable at the very least. In this context, the Chilean political elite has a huge responsibility to avoid a breakdown of democracy and the rule of law. The government cannot ignore popular desires for a plan to overhaul the neoliberal Chilean model – and it would be wise not to cast opposing views as a security threat.

* Irina Domurath is a legal researcher at the School of Governance, Catholic University of Chile and external fellow at the University of Amsterdam, and Stefano Palestini Céspedes is an assistant professor at the Institute of Political Science, Catholic University of Chile.

 

 

Ecuador: President Moreno’s Pyrrhic Victory

By John Polga-Hecimovich*

President Lenín Moreno greets an indigenous leader on September 12, 2019.

President Lenín Moreno greets an indigenous leader on September 12, 2019/ Asemblea Nacional del Ecuador/ Flickr/ Creative Commons

Ecuadorean President Lenín Moreno’s agreement with opponents to rescind the austerity measures that sparked the recent crisis has restored calm but leaves his government irreparably weakened. The immediate trigger of the crisis was the president’s announcement on October 1 of a package of austerity measures aimed at reducing the fiscal deficit as part of his government’s $4.2 billion credit agreement with the International Monetary Fund. The key measure was elimination of a $1.3 billion gasoline subsidy expected to result in a 25-75 percent increase in the price of gasoline. Transport unions, student groups, and thousands of members of the country’s largest indigenous organization, the Confederación de Nacionalidades Indígenas del Ecuador (CONAIE), took to the streets, paralyzing roads around the country and demanding Moreno step down.

  • Moreno declared a 60-day state of siege, temporarily suspended the right to freedom of association; and on October 7, flanked by the military high command, said he would not back down against what he called a “destabilization plan” orchestrated by his predecessor, Rafael Correa, and Venezuelan President Nicolás Maduro. Perhaps cognizant that a combination of social pressure and legislative and military action removed all three of Ecuador’s democratically elected presidents from 1996 to 2006, Moreno temporarily moved the seat of government from Quito to Guayaquil and imposed a curfew in Quito.
  • CONAIE President Jaime Vargas and other indigenous leaders, encouraged by the United Nations and the Catholic Church, agreed to direct negotiations on October 12. Two days later, the president signed a decree rescinding the austerity measures and reinstating fuel subsidies, and CONAIE decamped. Moreno removed the head of the military Joint Command and the commander of the army, and on October 15 returned to Quito. (He has so far resisted calls to replace Interior Minister María Paula Romo, a possible 2021 presidential aspirant, and Defense Minister Oswaldo Jarrín.)

The crisis has deeply altered prospects for the Moreno presidency.

  • Moreno survived a degree of social protest and political resistance that toppled previous presidents, but he failed to anticipate the popular reaction to lifting energy subsidies, employed a heavy-handed response to protestors, and ultimately backed away from one of the few significant political decisions his government has made. As a result, Moreno lost an opportunity to make structural economic changes and suffered irreparable damage to his political capital and credibility.
  • Indigenous groups and a resurgent CONAIE – after largely disappearing from national political decision-making under Correa – are once again a key national political actor and informal public policy veto player. They not only forced Moreno and the government to reverse course on energy subsidies, but also literally and figuratively earned a seat at the negotiating table. CONAIE appears more unified than it has been at any moment since the early 2000s and may be emboldened to seek further concessions from the government.
  • Correísmo may well be the biggest political loser. Moreno remains in power despite calls from ex-President Correa and his Revolución Ciudadana party to debate the possibility of impeachment and early elections. Correístas were excluded from discussions over the executive decree that restored the gas subsidies. Moreover, CONAIE tweeted a stinging rebuke of Correa, accusing him of opportunism and holding him responsible for the deaths of three indigenous leaders under his government.

Moreno is a lame duck just a little over halfway through his presidency. It is difficult to imagine any policymaking of consequence in his remaining 18 months in office. The government is severely handicapped politically and economically, and the political space for negotiation until elections is almost nonexistent. Moreno’s government is likely to resemble the interim governments of Fabián Alarcón (1997-1998) or Alfredo Palacio (2005-2007), which essentially served as placeholder administrations without ambitious policy agendas. Against all odds, Moreno – with a legislative minority – neutralized Correa and shifted government policy to the right during his first two-plus years in office, which throws his failure to remove the subsidy into sharper relief.

  • Economically, the picture is not much different. The protests forced Moreno to kick the can down the road on energy subsidies, while making it more difficult for the government to close its fiscal deficit. The weight of these necessary reforms will therefore fall to whoever wins the 2021 elections. The failed implementation of this economic reform and subsequent reversal of policy show the limits of Moreno’s political acumen while laying bare the country’s governability challenges.

October 17, 2019

*John Polga-Hecimovich is an Assistant Professor of Political Science at the U.S. Naval Academy. The views expressed in this article are solely those of the author and do not represent the views of or endorsement by the Naval Academy, the Department of the Navy, the Department of Defense, or the U.S. government.

 

Haiti: Is Anyone Listening?

By Fulton Armstrong

Protesters take to the streets in 2018 over the government's misuse of funds from PetroCaribe.

Protesters take to the streets in 2018 over the government’s misuse of funds from PetroCaribe– once again the subject of public anger/ Rony D’Haiti/ Wikimedia Commons/ https://commons.wikimedia.org/wiki/File:Manifestation_Haiti.jpg

As Haiti enters a fifth week of protests, President Jovenel Moïse’s support for U.S. policies on Venezuela and Taiwan appears to have secured him Washington’s backing, but his government is in tatters and his opponents don’t look likely to fold soon. For weeks, tens of thousands of protesters have held targeted marches in Port-au-Prince and provincial cities across the country demanding Moïse’s resignation. Violence by demonstrators and police has caused 17 deaths and hundreds of injuries, including the shooting of several journalists, according to human rights monitors. School closures have left up to 2 million children without class and the food supplements they receive there.

  • Protesters originally took to the streets to protest fuel shortages caused by government insolvency, but corruption – including the misappropriation of an estimated $2 billion dollars in profits from the sale of fuel under Venezuela’s previous PetroCaribe program – has become the overwhelming issue. Opposition leaders cite Superior Court audits implicating Moïse and other government officials past and present in schemes to personally profit from PetroCaribe security forces’ use of clubs and tear gas (and unconfirmed use of live ammunition) against demonstrators has further fueled anger in the streets. Haiti’s Catholic Bishops have blamed Moïse for the showdown, and their “Justice and Peace Commission” has publicly called for his resignation.
  • Moïse’s leadership has been unsteady throughout the crisis. He was out of public view entirely for one week, returning only in a pre-recorded radio address broadcast at 2:00 am on September 25 that called for calm and dangled the prospect of a “government of national unity.” Since his inauguration in January 2017, he has lived under the shadow of suspicious vote counts and has either failed to get Prime Ministers confirmed by Parliament or to build a good working relationship with them. The country hasn’t had a budget for two years, and a projected 20 percent inflation during 2019 and mere 1.5 percent growth further drive popular fury.

Moïse is clearly winning the competition for international support. However, he has gained U.S. silence about the evidence of his and senior allies’ involvement in PetroCaribe under Venezuelan Presidents Chávez and Maduro. During the UN General Assembly two weeks ago, U.S. Deputy Secretary of State John Sullivan met with Moïse’s Foreign Minister, Bocchit Edmond, with whom he “reaffirmed the strength of the U.S.-Haiti partnership and shared hope that Haiti’s political stakeholders would soon identify a path to forming a government that remains firmly rooted in democracy and the rule of law.”

  • The opposition’s calls for support have been much less successful. U.S. Senator Marco Rubio, a Republican widely seen as President Trump’s top advisor on hemispheric affairs, said it was not the “proper job of the United States to call on a democratically elected President [Moïse] to step down.” (Rubio had praised Moïse for supporting U.S. sanctions to remove Maduro and for preserving diplomatic relations with Taiwan.) The senior Democrat in the U.S. Congress, House Speaker Nancy Pelosi, last week also cited Moïse’s position on Maduro as important.
  • UN officials last week issued a “statement of concern,” noting that the protests were hindering aid deliveries and could lead to a humanitarian crisis. The UN remained neutral, however, and called on “everyone” to refrain from the use of violence. An unofficial OAS delegation to Haiti organized by individuals close to Senator Rubio in June told the opposition to “back off,” according to press reports, and reportedly told Moïse that he should “start governing” but it was “not going to ask him to resign.” Overall, however, the OAS has kept a very low profile, especially during the current crisis.

Haitian politicians have often turned to foreign friends and multilateral organizations to rescue them from crises – which they surely stir up themselves – but the international community, rather than addressing fundamental problems, often tries to paper over highly contested elections (like Moïse’s) and institutional weaknesses. The billions in PetroCaribe revenues that have vanished during the past two presidencies – including that of Moïse’s mentor, Michel Martelly – is strong circumstantial evidence that the opposition’s calls for investigation of the current administration have merit. But Moïse seems to be betting – correctly so far – that support for Washington’s priorities, such as condemning alleged corruption and undemocratic practices in other countries, buys him space to snub opponents’ demands. The UN and OAS just don’t seem to want to get more deeply involved, but the opposition, which has surprised many with the length and level of protests, doesn’t seem ready to give up.

October 11, 2019

U.S.- Latin America: Policy Shifts Ahead?

By Fulton Armstrong

Former White House National Security Adviser John Bolton speaks to reporters on events occurring in Venezuela Tuesday, April 30, 2019, outside the West Wing entrance of the White House.

Former National Security Advisor John Bolton speaks to reporters on Venezuela in April 2019/ Tia Dufour/ White House/ Wikimedia Commons

The sudden departure of President Trump’s outspoken national security advisor, John Bolton, is unlikely to result in changes in U.S. policy objectives in Latin America but could lead to the same sort of swings in tactics – harder or softer – that characterize other U.S. policies around the world. The continued weakness of the State Department’s input, aggravated by erratic staffing in its Latin America offices, further suggests that it will not play a balancing role.

Trump and Bolton’s statements over their 17 months together indicated no disagreement on objectives and tactics in Latin America, including immigration, close relations with Brazilian President Bolsonaro, efforts to rescue the Argentine economy, and Venezuela. They had identical positions on the waves of sanctions against Venezuela, U.S. commitment to remove President Nicolás Maduro, and unstinting support for National Assembly President Juan Guaidó’s claim to the Presidency, including backing Guaidó’s flopped coup in April. They both also explicitly linked taking down Maduro with achieving regime change in Cuba.

  • Trump and U.S. Senator Marco Rubio, widely seen as his top referent on Latin America and related political matters, are trying to signal that after Bolton’s departure the Administration is going to turn up the heat on Venezuela and Cuba. In apparently coordinated tweets between them, Trump said, “In fact, my views on Venezuela, and especially Cuba, were far stronger than those of John Bolton. He was holding me back!” This complements rumors that Trump has been frustrated that Bolton’s strategy in Venezuela, particularly the fact that Maduro supporters had tricked him into false confidence in Guaidó’s failed coup, has not removed Maduro from office. (It is unclear if one of his concerns is that U.S. sanctions are worsening the refugee flow challenging neighboring countries.)

Most Washington-based observers believe, however, that Latin America is the least important of the five issues that, according to press, caused friction between Trump and Bolton. The President’s personal involvement has been much greater with North Korean leader Kim Jong Un, in efforts to achieve regime change in Iran, in talks with the Taliban for withdrawal of U.S. troops from Afghanistan, and in maintaining good relations with Moscow despite the complex situation in Ukraine.

  • Trump has appeared to lack deep interest in Latin America policy and sees it as primarily a domestic political tool for consolidating his base – among anti-Maduro and anti-Cuba voters in Florida, an important state in his re-election calculus, and among supporters for his wall on the Mexico border and other anti-migration measures. Long ago he essentially handed the Venezuela and Cuba issues over to Senator Rubio, and the National Security Council brought a Rubio ally, lobbyist, and blogger, Mauricio Claver-Carone, to the White House to work the issue. They appointed Elliot Abrams, despite baggage from the Iran-Contra era and the Bush-Cheney Administration, to handle diplomatic operations on Venezuela for them.
  • By all appearances, Secretary of State Michael Pompeo has subordinated his own Latin America team to the White House operators, essentially stifling a traditionally important voice at the policy table. When Assistant Secretary Kimberly Breier resigned last month, only nine months after being confirmed by the U.S. Senate, she said it was to spend more time with her family, but her bureau’s marginalization left questions about her policy impact. Her acting successor, veteran State Department lawyer Michael Kozak, who has spent much of the last 10 years managing “democracy promotion” programs in Latin America and elsewhere, is not likely to challenge Rubio and Claver-Carone unless Pompeo takes the lead, which he shows no sign of doing.

The new national security advisor will have more urgent problems to deal with than wrestling with Rubio, Claver-Carone, and their allies. Indeed, Trump may even give them a green light to escalate provocations even further. For example, Administration allegations that Colombian guerrillas and narcotics-traffickers receive crucial aid from Caracas – buttressed by invocation of the Rio Treaty last week – are logical ways of laying the political groundwork for some sort of military action, perhaps jointly with Colombia, against alleged camps in hopes that the Venezuelan military finally tells Maduro that it’s time to go. 

  • President Trump’s trademark approach to thorny problems has been unpredictability and experimentation with wide-ranging alternatives, including face-to-face negotiations and deal-making with opponents that pose much tougher challenges to U.S. interests than do Venezuela and Cuba. Such flexibility notwithstanding, with the U.S. elections just 14 months off, Trump’s electoral calculus strongly suggests he’s going to stay the course with policies toward Latin America that he’s told are popular in South Florida.

September 17, 2019

Afro-Colombians and Indigenous: From Hope to Invisible Again?

By Luis Gilberto Murillo Urrutia*

Firma de la paz

Signing of the peace accords between the Colombian government and FARC, 2016/ Gobierno de Chile/ Wikimedia Commons/ https://commons.wikimedia.org/wiki/File:Jefa_de_Estado_participa_en_ceremonia_de_la_Firma_de_la_Paz_entre_el_Gobierno_de_Colombia_y_las_FARC_E.P._(29953487045).jpg

Colombia’s delicate and fragile transition to peace, a process enshrined in the 2016 peace accord between the government and the FARC guerrillas, has brought some benefits to Colombia’s Indigenous peoples and communities of African descent but has fallen far short of expectations – with troubling implications for those groups in the future.

  • Official figures tend to understate the size and influence of the Afro-Colombians and Indigenous. According to the government, 15 percent of Colombia’s population is of African descent, and 4 percent (from 82 different ethnic groups) are Indigenous. But other estimates, such as that of the Centro de Investigación en Ciencias Sociales y Económicas (CIDSE) of the Universidad del Valle, estimate that Afro-Colombians could be as much as 25 percent of the national population, and Indigenous ethnic groups occupy some 15 percent of the national territory. These groups suffered deeply during the half-century of conflict that the peace accord intended to stop. One of many examples is the massacre of Bojayá, in the predominantly Afro-Colombian department of Chocó, which left more than 100 people dead – mostly women and children who had sought refuge in a church. The Indigenous also suffered great losses.

These historically neglected communities – which numerous observers report experienced a disproportionate deepening of poverty and discrimination during the conflict – saw in the peace accord and its implementation the opportunity to push longstanding demands for full exercise of their rights, especially control over their own territories in places such as Chocó, the Indigenous free farm labor system in Cauca and Nariño, and the ethnic region of Sierra Nevada de Santa Marta.

  • The chapter of the peace accord dealing with ethnic matters, included as a result of the activism and leadership of Afro-Colombian and Indigenous organizations, encouraged those hopes. As accord implementation started, these groups focused on achieving protection for social leaders; the removal of anti-personnel mines from their territories; substitution of illicit crops; protection for, and expansion of, traditional homelands; and various environmental protections.
  • Last March, ethnic organizations reported some advances during the early stage of the implementation of the peace accord, during the administration of President Juan Manuel Santos and, more recently, when President Iván Duque’s government, in the planning process for regional programs and projects, included about US$5.5 billion in the four-year mandatory National Development Plan 2018-2022. If faithfully carried out, which appears doubtful, such expenditures would benefit Afro-Colombian and Indigenous communities.

At the same time, however, leaders stated that, of the 13 specific provisions in the accord’s Ethnic chapter, implementation of seven had not even started – significantly less than the accord as a whole. Even more troubling to them, security in their communities has continued to deteriorate.

  • Some 35 percent of citizens displaced since 2016 have been Afro-Colombians and Indigenous. An estimated 40 percent of social leaders murdered have been from these groups, including 11 percent of those promoting manual eradication of coca production instead of forced aerial spraying. Disputes among armed groups with roots in both paramilitaries and guerrilla groups have increased the vulnerability of these communities.
  • Ethnic organizations blame this poor performance on the lack of a fluid dialogue between government and community leaders; the ignorance (willful or not) of the current government to embrace the deals made by its predecessors; and the lack of dedicated budget resources. The government has not convened a meeting of the Special High-Level Authorities of the Ethnic Peoples established by the accord. Afro-Colombian and Indigenous leaders have been largely excluded from critical decisions related to peace process implementation affecting their communities.

Growing challenges to accord implementation further complicate prospects for progress for Afro-Colombian and Indigenous communities. Political tensions in Bogotá, the government’s efforts to unilaterally alter implementation, the assassination of social leaders, and – most recently and perhaps most disturbingly – some FARC negotiators’ decision to abandon the accord and take up arms anew, all have dire implications for them. Afro-Colombian and Indigenous leaders – lacking a viable alternative – seem likely to continue betting on the peace process and fulfilling their obligations under the accord. The bottom line, however, remains that the slow, inconsistent implementation and the absence of serious dialogue and coordination suggest that, once again, these important communities may become invisible.

September 12, 2019

* Luis Gilberto Murillo is a CLALS research fellow and former Minister of Environment and Sustainable Development of Colombia, with 30 years of experience in the areas of environment, sustainable development, and peace building.

AMLO’s Foreign Policy: A Blast from the Past, or Abandoned Dream?

By Laura Macdonald*

AMLO Cabinet

López Obrador stands with members of his cabinet for an official photo in December 2018/ Prensa AMLO/ Wikimedia Commons/ https://commons.wikimedia.org/wiki/File:Andres_Manuel_Lopez_Obrador_2.jpg

 

Mexican President Andrés Manuel López Obrador (AMLO) took office last January with a pledge to focus almost exclusively on his country’s many internal challenges, but international affairs have intruded upon his wish to downplay foreign policy, forcing him to make difficult compromises.

  • AMLO rode into office with the slogan “la mejor política exterior es la política interior” (the best foreign policy is domestic policy). Mexico’s high levels of corruption, impunity, entrenched poverty, widespread violence, and human rights violations were his top priorities. He was elected with a mandate to clean up the political system and crack down on the “mafia of power,” which he and millions of Mexicans perceived as the source of most of their country’s problems. The unpopular foreign policy of his predecessor, PRI president Peña Nieto – who tried to curry favor with President Trump and his family despite the U.S. President’s repeated insults to Mexico and Mexicans – encouraged a more nationalist response as well.
  • In his inaugural speech in the Mexico City zócalo, he laid out an approach to foreign policy based on themes of self-determination, non-intervention, peaceful solution to disputes, development cooperation, defense of human rights, and the rights of migrants. This position is reminiscent of the deeply rooted policy of non-intervention known as the Estrada Doctrine adopted by the Partido Revolucionario Institucional (PRI), the long-time Mexican dominant party, in the 1930s. AMLO’s political roots are in that party and reflect that heritage – he has said he won’t travel outside of the country except to sign international agreements and he skipped the June G20 summit in Osaka, Japan.

Nevertheless, the world has intruded upon AMLO. Trump’s statements and actions have forced him to act and react, and Central America’s crises have thrust him into an overwhelmingly hostile regional context. He has had mixed results:

  • Despite his previous opposition to free trade, AMLO made a strategic decision to renegotiate NAFTA and to refrain from direct confrontation with the Trump administration. Mexico was forced to accept various measures that may harm its interests in the long term, including the rules for domestic origin and intellectual property rights.
  • He has continued Mexico’s traditional principles of non-intervention and self-determination – the Estrada Doctrine – and advocated for the recognition of existing regimes instead of meddling in their internal affairs. This position has led to a break with the position of the Lima Group, of which it is still a member, regarding Mexico’s position so far has been vindicated by the failure to date of the Lima Group’s advocacy of regime change and the bellicose position of the Trump administration, but Mexico has not been seen to be playing a leading role in orchestrating negotiations in response to the Venezuelan crisis, and is isolated from the position of the U.S., Canada, and most Latin American states.
  • Despite early statements in which the AMLO administration cast migration as not inherently problematic and called for policies to address the causes of Central American migration, it subsequently shifted its position under intense U.S. pressure and agreed to policies that would limit the numbers of migrants crossing into the United States from Mexico and create a growing humanitarian challenge within Mexico itself.
  • As part of AMLO’s law of “republican austerity,” he has closed trade and agricultural offices in embassiesand consulates around the world, and has eliminated the offices of ProMéxico, which promoted international trade and investment into Mexico. Diplomatic staff, untrained in commercial issues, are supposed to take over their responsibilities. This decision, framed as scaling back the swollen ranks of highly paid public officials, will affect the government’s ability to diversify trade and investment away from the U.S. market and reduce its ability to defend the country’s interests in ongoing trade negotiations.

The AMLO government faces the daunting prospect of trying to respond to Trump without risking economic disaster or losing all shreds of national dignity. In the context of an already globalized economy, Mexico cannot achieve its domestic priorities without a recognition of the importance of foreign policy and active international engagement, in tandem with progressive allies – other governments as well as domestic and international civil society. So far, he has been able to navigate these shoals and retains high levels of popularity at home, but his economic policies focused on re-activation of the domestic market and have not yet born fruit. A more active and progressive foreign policy could help shore up his domestic and international legitimacy as the economy lags.

September 5, 2019

* Laura Macdonald is a Professor in the Department of Political Science and the Institute of Political Economy at Carleton University in Ottawa.

EU-MERCOSUR: Does Their New Association Agreement Mean Much?

By Thomas Andrew O’Keefe*

29/06/2019 Coletiva de Imprensa UE-Mercosul

Press conference about the trade agreement between the Mercosur and the EU / Palácio do Planalto / Creative Commons

After nearly two decades of intermittent negotiations, the European Union and the four core MERCOSUR nations (Argentina, Brazil, Paraguay, and Uruguay) have finally inked a trade agreement, but its real impact won’t be felt for years, if ever. When the negotiations began in the mid-1990s, the EU was the largest trading partner of the MERCOSUR countries, and the United States was number two. Today China is in first place, the European Union is second, and the U.S. is fourth, behind intra-Latin American trade (EU investors, however, continue to have the largest stock of foreign direct investment assets in the MERCOSUR region). When ratified, the EU-MERCOSUR Association Agreement, signed in Brussels on June 28, will exempt a little more than 90 percent of two-way trade from tariffs.

  • About 93 percent of MERCOSUR exports will eventually obtain duty-free access into the EU market, the bulk as soon as the agreement comes into effect. Agricultural commodities such as beef, chicken, corn, eggs, ethanol, honey, pork, rice, and sugar only get reduced duties, with many also subject to quotas. Another 100 MERCOSUR agricultural items are completely excluded from any type of preferential treatment.
  • Some 91 percent of European exports will get duty-free access to MERCOSUR, but gradually as tariffs are reduced over a 10-year period. The phase-out is over 15 years in the case of European automobiles, furniture, and shoes. MERCOSUR tariffs on the remaining 9 percent of primarily EU manufactured goods will remain in place permanently.
  • The agreement offers service providers from any signatory country full access to the markets of all the other signatory states.

MERCOSUR showed greater flexibility with the EU on agricultural subsidies than it had with the United States, a position that contributed to ultimate rejection of the Free Trade Area of the Americas (FTAA). Subsidies in the EU-MERCOSUR agreement are permitted if “necessary to achieve a public policy objective.” The MERCOSUR countries also capitulated on the use of anti-dumping tariffs on intra-hemisphere trade. The new accord, however, does authorize governments to impose a duty that is less than the margin of dumping if it adequately removes injury to the affected domestic industry. It also includes provisions for ensuring that sanitary and phytosanitary (SPS) measures as well as technical norms are not abused and become disguised impediments to free trade, although it permits enforcement of the European “precautionary principle” notion to restrict the importation of genetically modified food, for example, where the risks to health are not scientifically conclusive.

The agreement – now being “legally scrubbed” and translated into the EU’s 23 official languages – faces an elaborate, multi-year ratification process in the EU, where individual countries and the European Parliament must approve it, as well as each MERCOSUR government. Agricultural forces are already lining up in many European countries in opposition. In the meantime, the accord’s greatest impact is a signal by Brazilian President Bolsonaro and Argentine President Macri that they’re making progress on their stated objective to return MERCOSUR to its original trade focus – in contrast to their predecessors – and to claim an economic “victory” when growth in both countries remains stagnant.

  • Despite the flexibility MERCOSUR showed on agricultural subsidies and anti-dumping, its main sticking points with the United States in the FTAA, a free trade agreement with the United States seems remote as the Trump administration – in contrast to the Europeans – is unlikely to offer meaningful concessions based on the lesser developed status of the MERCOSUR countries. Neither will the Association Agreement with the EU reverse or even slow the region’s shift toward trade with China and the rest of Asia.

August 6, 2019

* Thomas Andrew O’Keefe is the President of New York City-based 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.

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.

Brazil: Corruption of Anti-Corruption

By Fábio Kerche*

Moro, Bolsonaro, and Paraná governor Ratinho Júnior seated during a visit to the Integrated Center of Intelligence and Public Security of the Southern Region in May 2019.

Moro, Bolsonaro, and Paraná governor Ratinho Júnior during a visit to the Integrated Center of Intelligence and Public Security of the Southern Region in May 2019/ Marcus Correa/ Wikimedia Commons

New revelations about the political objectives and operational decisions of Brazil’s Lava Jato anti-corruption investigators have dealt a blow to their credibility and to the legitimacy of President Jair Bolsonaro’s election. The “Car Wash” Operation began in 2014, with prosecutors and Judge Sérgio Moro leading what was seen as a crusade against corruption and in the process becoming heroes for significant portions of society. It started with an investigation into Petrobras, the biggest state-owned company, and spread across several sectors of the economy. Although the activities of several political parties came under scrutiny, the left-wing Workers’ Party (Partido dos Trabalhadores – PT) suffered the most. President Dilma Rousseff was impeached and removed from office, and President Lula da Silva was arrested – opening the path for Bolsonaro, a far-right politician with an undistinguished political biography, to win the 2018 election.

  • Bolsonaro appointed Lava Jato judge Moro as his Minister of Justice – a move cited by some observers as evidence of the new President’s commitment to fight corruption. Others, however, were concerned that Moro’s acceptance of the job confirmed long-held suspicions, based on his own statements against Lula, that the lawsuit against the former president was a political farce to get him out of the race. Critics said the new job was Moro’s reward for putting Lula, who was leading in all polls during the campaign, behind bars. Some political analysts and journalists even speculated that Moro would run for President in 2022.

The Intercept, a news website co-founded by Pulitzer-winning U.S. journalist Glenn Greenwald, has published internal messages between Moro and Lava Jato prosecutors that confirm they had a political agenda. The communications confirm several violations of the law and ethics.

  • According to Brazilian law, prosecutors and judges cannot exchange information about cases outside of court, particularly in a secret way. Judges, according to the legislation, should listen to the prosecution and the defendant’s attorney in an equitable way. A judge exchanging messages by Telegram with a prosecutor about a lawsuit is illegal.
  • Moro took a firm hand in directing the prosecution team – another violation of LOMAN (Organic Law of the Judiciary). The Intercept has so far released only 1 percent of the conversations, but the information already shows that Moro criticized members of the team, gave others tips on how to proceed, asked for new police operations, recommended press strategies, steered investigators away from looking at possible wrongdoing by former President Cardoso, and undertook other initiatives. Lula’s defense did not have the same “opportunity”: the judicial balance weighed heavily on the prosecution side.

Moro has not been dismissed in the wake of these revelations, and the charges against Lula have not been cancelled – as would have happened in a less turbulent political environment. But there are clear signs that Moro has been losing support in Brazilian society. Even the news media who transformed him into a hero now criticize how he handled Lula’s case, and persons who supported Lula’s arrest now affirm that the former president should be released. The Brazilian Bar Association and some Judges Associations are openly criticizing Moro. Talk of Moro getting a seat in the Supreme Court or running for president in 2022 has evaporated.

Moro and his cohorts’ crusade against the alleged corruption of PT leaders whose politics or style they didn’t like amounts to use of the Judicial System to interfere in politics – if not criminalize what, in many ways, are normal political activities. The apparently illegal alliance between Moro and prosecutors seems to leave little doubt that Lula was convicted in an unfair trial based more on biased opinions rather than objective evidence. His supporters’ claim that he is a political prisoner increasingly makes sense. The Brazilian judicial system is supposed to give every citizen a fair and balanced trial. Although annulling Bolsonaro’s election seems impossible, the fact has been established that Moro was able to interfere in the electoral process by removing the leading candidate from the presidential race. The judicial fraud that marred the 2018 election has dealt yet another blow to Brazilian democracy.

June 28, 2019

* Fábio Kerche is a Researcher at Casa de Rui Barbosa Foundation and Professor at UNIRIO and IESP/UERJ in Rio de Janeiro. He was a CLALS Research Fellow in 2016-2017.