El Niño Pummels Peru and Poses Challenges Elsewhere in Latin America

By Abby Lindsay*

Mangrove

Mangrove against waves, Estuary of Rio Tumbes, Peru. Photo Credit: Bruno Locatelli/CIFOR / Flickr / Creative Commons

Although advanced scientific models can better detect the severity of an upcoming El Niño, preparing for the impact of each episode remains a recurrent challenge for many Latin American countries.  El Niños change rainfall patterns in ways that result in extreme flooding in some regions and droughts in others, affecting food and energy production and other economic activities.  In July 2015, satellite and computer modeling predicted that an “extraordinary” El Niño would likely strike in six months – and although not record-breaking, this episode has wreaked havoc in parts of Latin America.  Citizens below the poverty line tend to be hit hardest, as many live on lands vulnerable to natural disasters, such as landslides and flooding, and rely on subsistence agriculture that cannot withstand weather shocks.  Studies by climate and atmospheric scientists argue that El Niños will become more frequent and severe in future years due to rising levels of greenhouse gas emissions, increasing the urgency that governments build resiliency against the associated flooding and droughts.

  • Peru has been particularly affected by this year’s ongoing El Niño, especially in the northern coastal zone. As warming in the middle of the Pacific Ocean causes less upwelling of nutrient-rich waters, fish stocks have declined, damaging an industry upon which Peru relies for 2 percent of its GDP.  Extensive agricultural losses also result from changes in ocean currents and wind patterns that cause droughts in the southern part of the country and a spike in rainfall in the north.  Severe flooding is already having a detrimental impact; local media report that in the Tumbes area, in northwest Peru, 3,000 people have lost their homes and 30,000 have been affected because overflowing rivers have washed out bridges and devastated houses along river valleys.  Landslides have devastated dwellings constructed on the steep, marginal land on the outskirts of cities or in river valleys.
  • Other parts of Latin America are also affected during El Niño. In Central America, the warm Pacific Ocean temperatures are exacerbating existing droughts, which have reduced agricultural yields, while excessive rainfall on the east coast wipes out bridges and houses.  The Andean and Amazonian regions have seen reduced rainfall, leading to worries about forest fires in the rainforest.  The La Plata River basin is getting abnormally high levels of run-off.

With proper warning, governments can take action to mitigate the damage of El Niños.  Receiving predictions last July, Peruvian President Humala declared 14 regions in a preemptive state of emergency and called for preparations.  It is still too early to tell how much these measures have helped, but there is little debate that some preparation is better than none.  Local officials held planning meetings, and the national government provided funding for citizen programs – such as warning the population to move away from flood and landslide zones, and building infrastructure’s ability to withstand flooding and landslides.  In Piura, for example, they dredged part of the river and built diversions to direct water away from populated areas.  Given the predictions that El Niños will continue and worsen in severity, governments need to start thinking about long-term solutions and preparations.  Rather than last-minute preparations, however, governments could consider proactive measures such as conserving or constructing mangroves, wetlands, and riparian buffers that can naturally mitigate flooding; promoting crop diversity with drought-resistant strains; or harnessing water surges for benefits such as aquifer recharging.  Better planning could help Peru and other countries weather future episodes with less emergency scrambling. 

March 28, 2016

*Abby Lindsay is a PhD candidate in International Relations at the School of International Service.  Her dissertation research focuses on global environmental policy, particularly water governance.

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How are the Americas Faring in an Era of Lower Oil Prices?

By Thomas Andrew O’Keefe*

Gas Station Guatemala

Photo Credit: Josué Goge / Flickr / Creative Commons

The sharp drop in global oil prices – caused by a combination of a slowing Chinese economy hurting commodities sales and efforts by Saudi Arabia to retain market share – has both downsides and advantages for Latin America and the Caribbean.  By keeping production levels steady, despite decreased demand, so that a barrel of crude remains below US$40, the Saudis’ hope is to put U.S. shale oil producers and Canadian tar sands producers out of business.  The drop in oil prices has had a varied impact elsewhere in the Americas:

  • The effect in Venezuela, already reeling from over a decade of economic mismanagement, has been catastrophic. The ripple effect is being felt in those Caribbean and Central American countries that grew to depend on PetroCaribe’s generous repayment terms for oil imports that allowed savings to be used for other needs.  In 2015, for example, this alternative funding mechanism in Belize was slashed in half from the previous year.  The threat of interest rate hikes on money that must eventually be repaid for oil imports also pushed the Dominican Republic and Jamaica to use funds raised on international capital markets to reduce their debt overhang with Venezuela.  (For those weening themselves off PetroCaribe dependency, however, the lower prices are a silver lining.)
  • Low oil prices have also knocked the wind out of Mexico’s heady plans to overhaul its petroleum sector by encouraging more domestic and foreign private-sector investment.
  • In South America, the decline has undermined Rafael Correa’s popularity in Ecuador because the government has been forced to implement austerity measures. The Colombian state petroleum company, Ecopetrol, will likely have to declare a loss for 2015, the first time since the public trading of its shares began nine years ago.  In Brazil, heavily indebted Petrobras has seen share prices plummet 90 percent since 2008, although that is as much the result of the company being at the center of a massive corruption scandal that has discredited the country’s political class.
  • On the other hand, lower petroleum prices have benefitted net energy importers such as Chile, Costa Rica, Paraguay, and Uruguay.

The one major oil producer in the Americas that has not cut back on production and new investment is Argentina – in part because consumers are subsidizing production and investment by the state petroleum firm YPF, which was renationalized in 2012 and now dominates domestic end sales of petroleum products.  Prices at the pump remain well above real market values.  While successive Argentine governments froze energy prices following the 2001-02 implosion of the Argentine economy, this time policy is keeping some energy prices high.  This encourages conservation and efficiency and spurs greater use of renewable alternatives, but it becomes unsustainable during a prolonged dip because it will, among other things, make the country’s manufacturers uncompetitive.  The Argentine example underscores that predictions of a pendulum shift in Latin America in favor of private-sector investment in the hydrocarbons sector over state oil production are still premature.

The lower prices do not appear likely to harm the region’s continuing substitution of natural gas for coal and oil as a transitional fossil fuel to greener sources of energy.  Natural gas prices remain at their lowest levels in over a decade, and the expansion of liquefied natural gas plants allows for easier transport of natural gas to markets around the world.  They are also unlikely to dent the global shift to greater reliance on renewable energy resources driven by the international consensus that climate change can no longer be ignored and something must be done to address it.  At the UN climate change talks in Paris last December, for example, countries agreed to keep temperature increases “well below” 2 degrees centigrade above pre-industrial levels and made a specific commitment “to pursue efforts” to achieve the much more ambitious target of limiting warming to no more than 1.5 degrees centigrade.  The year 2015 was the second consecutive year in which energy-related carbon emissions remained flat in spite of 3 percent economic growth in both years. 

March 24, 2016

*The author is the President of San Francisco-based Mercosur Consulting Group, Ltd.  He chaired the Western Hemisphere Area Studies program at the U.S. State Department’s Foreign Service Institute between July 2011 and November 2015.

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President Obama’s Visit to Buenos Aires: An Important Gesture

By Katherine Hite*

Parque de la memoria Argentina

Parque de la Memoria, Argentina. Photo Credit: Jennifer Yin / Flickr / Creative Commons

While most eyes are on U.S. President Obama’s historic visit to Cuba, the timing and agenda of his follow-on travel to Argentina – while controversial – also is a significant opportunity for the United States to burnish its image in Latin America.  Obama arrives in Buenos Aires on the 40th anniversary of Argentina’s military coup d’etat, marking a brutal period of systematic human rights violations in which the United States lent tacit support.  In an important attempt to ameliorate the controversy over his timing, Obama will be delivering a cache of declassified documents on both what the U.S. knew regarding the 1976-1983 repression and on the green light that Secretary of State Henry Kissinger gave the dictatorship’s dirty war against political opponents during the final year of the Ford presidency.  In addition, the President will visit the Parque de la Memoria, site of a memorial to the thousands of victims of the military regime.  He’d expressed interest in a visit to the ex-Navy Mechanics School (ESMA), notorious former clandestine detention site where an estimated 5,000 Argentines were imprisoned, 90 percent of whom were murdered, but political sensitivities in Buenos Aires precluded it.

Argentina has pioneered efforts to come to terms with the past, from prosecuting and jailing former military officers guilty of violations, to “recuperating” former clandestine detention centers, where citizens were tortured, executed, and made to “disappear.”  Human rights activists have converted several of these former centers, such as the ex-ESMA, into spaces to remember and to educate the public with a message of accountability and of “never again.”  Some memory sites also seek to connect human rights violations of the past to ongoing violations, including police brutality and the abuse of the incarcerated, as well as to present-day struggles for social justice.  Argentine school children learn about their past and study the Universal Declaration of Human Rights.

It is an important moment for the U.S. president publicly to recognize the U.S. historic role in Argentina’s tragic past – and for Argentines to show Washington, itself accused of torture and clandestine detention in recent years within its “War on Terror,” that such abuses can never be tolerated and that perpetrators must be brought to justice for a democracy to be healthy and stable.  Countries throughout the region, including Chile, Uruguay, Peru, Colombia, El Salvador, and Guatemala, have similarly created memorials and museums of memory.  Chile’s Museum of Memory and Human Rights gets over 10,000 visitors a month.  It houses a large permanent display documenting the 1973-1990 dictatorship, and like the ex-ESMA, opens its spaces to human rights organizations, artists, theater groups, and others for workshops, plays, movie series, and more.  In El Salvador, the Museum of the Word and the Image sponsors an exhibit on the roots of the country’s civil war as well as memories of the suffering and resistance.  It has also sponsored exhibits on Salvadoran migration to the United States during the war and connects past to current violence, both within El Salvador and in close relation to the United States.  Together these efforts invite acknowledgment, reflection, and dialogue.  President Obama’s activities in Argentina, like President Clinton’s apology in Guatemala for the U.S. role in past violations in that country, are an important gesture that, within a broader U.S. commitment, could help facilitate a less tarnished image for Washington in Latin America along with his historic shift in policy toward Cuba.

March 21, 2016

* Katherine Hite is professor of political science at Vassar, with special interest in Latin American politics, social movements, and the legacies of violence for governments and societies throughout the Americas.

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What do Latin Americans Make of the U.S. Election Campaign?

By Fulton Armstrong

Trump Wall Pope

Photo Credit: Daryl Lawson and Pingnews (modified) / YouTube and Flickr / Creative Commons

Remarks about Mexico and immigration by Donald Trump – leader in the U.S. Republican Party’s presidential nomination contest – have drawn intense criticism from some Latin American leaders, but their underlying concern may be about the implications of the broad support for his populist rhetoric regardless of who wins the party’s nomination in July.  Media throughout the hemisphere are reporting highlights of the U.S. campaign, focusing mostly on immigration and its connotations for the region.  Some reports touch on the challenges to unity facing both major U.S. political parties, such as Democratic pre-candidate Bernie Sanders’s pressure on the previously unbeatable Hillary Clinton.

Most Latin American attention has gone to Trump and his statements.  His characterization of many Mexican immigrants as criminals, drug dealers, and rapists; his statement that Mexicans “bring tremendous infectious disease” into the United States; and his pledge to make Mexico pay billions of dollars for a new high wall on the border have drawn sharp rebukes from across Latin America.

  • Mexican President Peña Nieto, who initially remained on the sidelines when Trump brought the immigration issue to the table in a cynical fashion, recently compared Trump with Hitler and Mussolini. Former President Calderón called him a “racist” and lamented that he is “sowing anti-American hatred around the world.”  And his predecessor, Vicente Fox, said on U.S. television that Mexico wouldn’t pay for “that f**king wall.”
  • Argentina-born Pope Francis also criticized Trump. “A man who thinks only of walls is not a Christian,” he said.  Former Colombian President and OAS Secretary General Gaviria told Miami Herald columnist Andrés Oppenheimer that Trump “has the typical style of a Latin American caudillo,” scaring people and putting himself up as “the solution to all their problems.”
  • Ecuadoran President Correa said, “Trump’s rhetoric is so clumsy, so vulgar, that it will stir reaction in Latin America” – which would be “very bad for the United States” but positive for Latin American “progressive tendencies.”
  • In Venezuela, President Maduro has condemned Trump’s “threats” against Latin America as “brutal” and termed him a “thief full of hate.” On the street, however, comparisons between Chávez and Trump are part of daily conversation.

Racial slurs and rhetoric about walling out immigrants are, naturally, hair-trigger issues not just for Latin Americans.  If the Trump juggernaut rolls on, however, anxieties about its implications are likely to sweep across the hemisphere – not necessarily because he will win the general election in November, but because the broad support for his rhetoric about walls and deportations suggests a widening gap between the United States and the region.  Moreover, doubts about the credibility of the U.S. political model – already battered by the contested presidential election of 2000 and the decade-long gridlock in Washington between the executive and legislative branches of government – could multiply, especially if campaign violence spreads beyond Trump rallies.  Trump’s pledge to resume “enhanced interrogation” and “bring back a hell of a lot worse than waterboarding” of alleged Islamic extremists could further undercut U.S. moral authority.  Dismayed Republican leaders are privately floating the idea of rewriting the rules for their party convention this summer to overturn Trump’s primary victories and block his candidacy in the general election, but that too would be a spectacle that could undermine U.S. image in Latin America.  Moreover, other Republican candidates’ views may compound the problem.  Senator Ted Cruz is proud of having shut down the U.S. Government to make a political point during a skirmish with President Obama, and he and Senator Marco Rubio are fervent supporters of their party’s decision to refuse to meet with the President’s nominee to replace a recently deceased Supreme Court nominee, let alone give him or her a hearing and floor vote.  Ecuadoran President Correa’s remarks about the U.S. campaign empowering “progressive” forces is probably wishful thinking on his part, but Trump’s populism and his party’s questionable options could indeed appear contrary to some Latin American countries’ struggle to rid themselves of populist, authoritarian-style leaders.

March 14, 2016

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Behind Argentina’s Making up with its Creditors

By Arturo C. Porzecanski*

Pensive Macri

Photo Credit: Mauricio Macri / Flickr / Creative Commons

A recently concluded agreement in principle between Argentina and most of its holdout creditors is part of a 180-degree turn in economic policy that the new administration of Mauricio Macri is attempting to make in order to end five years of economic stagnation, 10 years of double-digit inflation, and 15 years of isolation from the international capital markets.  President Macri has to navigate very carefully, however.  First, he does not have a majority in either congressional chamber, so he has to work hard to persuade legislators to support his policy initiatives.  Second, the judiciary and the Executive branch are packed with political appointees from the Néstor and Cristina Kirchner administrations, and while some of them have been fired, Macri and his economic team must still tread cautiously.  Third, all the key economic institutions, such as the government’s commercial and development bank (BNA), the central bank (BCRA), and the social security administration (ANSES) have been stuffed to the gills with either risky or unprofitable assets (from bad loans to government IOUs), thereby compromising their effectiveness.  Last but not least, Macri must be mindful of his very fickle electorate: over the past seven decades, Argentines have periodically voted non-Peronists into office to clean up the mess left behind by the Peronists, but then they have soured and yanked their support.  It is a sobering fact that not a single non-Peronist government has ever made it to the end of its constitutional term in office.

This is why the Macri administration is going for some “quick wins” rather than for major structural reforms or the necessary dose of fiscal austerity and monetary restraint.  And this is the context within which his willingness to “bury the hatchet” with private and official creditors must be understood.  As a former businessman, Macri realizes that if one takes over a money-losing enterprise – in this case the public sector, which is running a deficit equivalent to more than five percent of GDP – one needs to cultivate sources of interim financing until the enterprise can be turned around.  After all, the prior government had been living hand-to-mouth on loans from the BNA, the BCRA, and ANSES, with increasingly inflationary consequences.  Having lost official international reserves and seen the currency depreciate rapidly after abolishing capital controls, the authorities are now under great pressure to obtain interim financing from abroad to help stabilize international reserves and support the weak currency.

President Macri faces a very difficult governance challenge in the months and years ahead.  His ability to mend fences with private creditors – Argentina has been in arrears to all its bondholders since mid-2014 – as well as with the IMF, multilateral development banks, and official creditors such as the Ex-Im banks – is crucial to the restoration of financing to the private and public sectors and the fostering of an investment-friendly climate.  Macri’s agreement in principle with most holdout creditors is a big step in the right direction, but he must now secure the requisite congressional approvals to dismantle Kirchner-era legislation inimical to a settlement and obtain interim financing at reasonable interest rates to clear all overdue debts.  These are early and relatively easy tests for a government that is yet to adopt most of the divisive and unpopular austerity measures that circumstances warrant.

March 10, 2016

*Dr. Porzecanski is Distinguished Economist in Residence at American University and Director of the International Economic Relations Program at the School of International Service.

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Brazil: Crises Hindering Foreign Policy

Dilma 2016

Photo Credit: Marcelo Camargo / Agência Brasil / Flickr / Creative Commons

by Tullo Vigevani*

The pace of Brazil’s rise in international affairs since 2000 is likely to be slowed by the multiple crises facing President Dilma Rousseff’s government and the private sector, but Brasilia will strive as best it can to maintain its global and regional priorities.  Political tensions are soaring amid corruption indictments and severe economic contraction – the nearly 4 percent decline in GDP in 2015 is expected to be repeated this year, with increasingly negative social consequences.  The government faces growing criticism that extends beyond the principal opposition parties: its own party base and supportive labor unions and social movements criticizing Rousseff’s administration.  The corruption investigations have spread far beyond the national oil company, Petrobras, and into corporate networks across economic sectors, exacerbating a climate of growing anxiety.  Major media are railing against the President and her predecessor, Luiz Inacio Lula da Silva, whose detention for questioning by a judge last week deepens the crisis and further dims the already faint prospects for a restoration of stability in 2016.

These developments have created an element of paralysis in foreign policy.  Foreign minister Mauro Vieira, like his two immediate predecessors – Luis Alberto Figueiredo (2013-2015) and Antonio Patriota (2011-2013) – has been unable to sustain the “active and proud” policy of Lula-era Foreign Minister Celso Amorim (2003-2010).  After basking not long ago in the fruits of its assertive foreign policies – including selection as host of the 2016 Olympics – Brazil’s government now is dealing with matters such as the Zika virus and microcephaly taking front stage.  Rousseff on one hand is barraged by criticism of a lack of macroeconomic rigor and the failure to better integrate Brazil’s economy into global production chains, and on the other she is criticized for slow investments and development policies.  Her ambition to promote South American trade and economic integration is being undermined by the recessionary pressures confronting Brazil and neighboring economies buffeted by the end of the commodities boom.

  • MERCOSUR remains a priority for the administration. Criticism by liberal economists will mount, however, that Mercosur, as a customs union, discourages potential agreements with developed economies, particularly the United States, thus exacerbating Brazil’s de-industrialization.  There is evidence that Mercosur helps companies that produce high value-added goods: whereas in 2014 manufacturing accounted for 77 percent of Brazilian exports within Mercosur, it accounted for only 4 percent of exports to China.  (The figures for the European Union and the U.S. were 37 and 55 percent, respectively).  Progress on trade agreements with the United States and other developed countries appears unlikely, but agreements on trade promotion seem likely.
  • Cooperation with UNASUR will remain a priority as well, but plans that rely on Brazil’s ability to provide resources face new political and economic restraints. The Ministries of Finance and Planning and the Central Bank reportedly are going to rein in contributions of the Brazilian Development Bank (BNDES), and funding for the South American Council of Infrastructure and Planning (COSIPLAN).  Initiatives such as the South American Defense Council will continue.  Clearly, state enterprises such as Petrobras and private-sector conglomerates will face limits on their foreign activities, reducing Brazil’s influence in the region.

The relationship between domestic and international affairs is inescapable, and Brazil is no exception.  But even as the domestic political and economic conditions deteriorate for a period, the country will not turn inward or abandon its interest in the international arena, particularly with China and the BRICS.  However rough the road ahead, President Rousseff’s government appears likely to remain steadfast in its approach to regional diplomatic and political organizations – including the Community of Latin American and Caribbean States (CELAC) and the OAS – even though resources will be tight.  It will remain active, within its diminished capacity, in an array of multilateral settings ranging from UN peacekeeping operations and the FAO, to the G-20, WTO and IMF.  Moreover, senior officials in Brasilia, including in the Foreign Ministry, appear committed to stronger bilateral ties with core partners, particularly the United States, and continued Brazilian support for democratic stability throughout Latin America, including in resolution of the Venezuelan crisis.  Even though resources and performance may suffer, a robust role in the hemisphere appears likely to remain a pillar of Brazil’s foreign policy.  The idea of Brazil’s autonomy in the international arena has deep roots, and whatever the domestic criticism leveled against the Rousseff administration, these will be matters of interpretation rather than a fundamental questioning of Brazil’s greater insertion into global processes and of political and economic interdependence.

March 7, 2016

*Tullo Vigevani is Professor of Political Science and International Relations at the State University of São Paulo (UNESP) and a researcher at the Center for Studies on Contemporary Culture (Cedec) and the Brazilian National Institute of Science and Technology for Studies on the United States (INCT-INEU), in São Paulo.

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Bolivia’s Constitutional Referendum Marks New Political Era

By Miguel Centellas*

Referendo Morales

Photo Credit: Organo Electoral Plurinacional de Bolivia and Alain Bachellier, respectively / Wikimedia and Flickr / Creative Commons

Bolivian voters’ rejection last week of a constitutional amendment to allow an incumbent president to run for a third consecutive term is a setback for President Evo Morales but a step forward for the country.  Both the government and opposition understood the national referendum as a plebiscite on Morales, who is now the longest serving head of state in Bolivian history.  Had the referendum passed, Morales would have been able to run for a fourth five-year term in 2019.  (Because Morales was first elected in 2005, before the new constitution was approved in 2009, the high court decided that he was eligible to run for reelection in 2014.)  During the months leading up to the referendum vote, polls showed a narrow gap between the Sí votes in favor of the amendment and the No votes, with a large number of undecided.

As the final count began to crystalize (the official count is not yet available), it became clear that No won by a slim margin (51.3% to 48.7%).  At first, Morales and members of his government disputed the results, arguing that late-arriving rural ballots would vindicate him.  Later, they claimed opposition fraud and manipulation, including a “dirty” war waged by the opponents and the media.  Several scandals, however, appear to have been the real cause of Morales’s loss.

  • New developments in lingering accusations of fraud committed at the Fondo Indígena, an organization established to support economic, social, and political development of marginalized peoples. Government auditors last year uncovered more than a hundred incomplete or non-existent projects valued at tens of millions of dollars.  The case involved several ex-ministers in Morales’s government and leaders of his MAS party.
  • New allegations of corruption involving Gabriela Zapata Montaño, a romantic liaison of the President in 2006 who is now an executive for a Chinese-owned company (CAMC) that was awarded a large number of no-bid contracts for government development projects. Some sources claim millions of dollars have been misappropriated.  Zapata was arrested shortly after the vote.
  • Accusations that the MAS (and, implicitly, Morales) instigated angry protesters to attack the municipal building in El Alto, Bolivia’s second largest city, killing seven people and injuring many others. The mayor, Soledad Chapetón, and La Paz provincial governor Felix Patzi, a former education minister under Morales, were the first two opposition candidates to win those positions since MAS came to power.  The government dismissed the allegations and suggested that Chapetón orchestrated the violence to make herself a martyr.

The results of the referendum – and, more importantly, the frenzied reactions from Morales and other high-ranking members of his government – make the immediate future appear uncertain.  Morales accepted the results of the referendum but also ominously pointed out that there are other ways to amend the constitution.  He also dared opponents to initiate a recall referendum to remove him.  Nevertheless, some members of MAS – showing eagerness to carry the party’s wide support among Bolivians into the future – have begun publicly discussing possible successors.  Another positive sign is that Bolivia’s electoral court showed itself to be truly autonomous, bolstering opposition confidence in a key institution.  The question is whether Morales believes his party (and by extension his legacy) is worth preserving, or whether he wants to risk them for another dubious bid for reelection.  Claims that Morales’s setback is part of a “conservative tide” sweeping through Latin America may be premature, but this referendum may have repercussions elsewhere.  Ecuador’s Rafael Correa’s public comments that he would not seek reelection in 2017 may now become firmer.  The day of the three- or four-term president seems over.

March 3, 2016

* Miguel Centellas teaches political sociology at the Croft Institute for International Studies at the University of Mississippi.

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A Divided Court on U.S. v. Texas: A Safety Net for the Administration?

By Dennis Stinchcomb

Supreme court Scalia

Photo Credit: Ted Eytan / Flickr / Creative Commons

The passing of Supreme Court Justice Antonin Scalia reshuffles the deck of possible outcomes in the highly politicized case involving President Obama’s executive actions on immigration.  When the White House petitioned the Court to review its dispute with Texas and 25 other states, it could not have imagined a result that now appears to be possible: a tie.  An evenly split decision would mean that the injunction against the measures issued by the lower court – the Fifth Circuit – would stand, an outcome that critics of Obama’s executive actions would herald as a triumph.  It may, however, also prove to be a safety net for the Administration and the over five million undocumented immigrants whose status is at stake because the law stipulates that a tie vote is not precedent-setting.  That means that the underlying case would proceed to trial in Texas district court – and could then potentially find its way back onto the Supreme Court’s docket, perhaps under more favorable conditions for a future Democratic administration.

This is, of course, purely speculative as a complex web of scenarios remain in play, including:

  • A 5-3 Decision in Favor of the Administration: If the Court finds that the states do not have the right (or standing) to sue the President, the case will be immediately dismissed.  A decision recognizing the states’ right to sue would force the Court to address the other two matters at stake – whether the President’s actions are consistent with existing immigration law, and whether he met the requirements for public notice and comment.  Some experts believe that members of the Court’s conservative wing may side with the Administration on these questions, striking down the injunction and allowing the deferred action programs to proceed.
  • A 3-5 Decision in Favor of Texas: A majority ruling against the Administration seems most plausible on the constitutional issue of whether the President abdicated his responsibility to “take care that the laws be faithfully executed.”  Though the Court had appended the separation-of-powers question to the roster of issues under consideration, it is under no obligation to hand down such a wide-reaching decision.  But should the case become a constitutional showdown, it is not inconceivable that a member of the Court’s liberal bloc might side with conservatives to prevent what would amount to be a significant expansion of executive authority – and an undermining of the judiciary’s ability to curb excesses.  Observers say it is less likely that a liberal would find the Administration in violation of immigration law or public notification procedures.

Beyond the struggle between the President and his opponents in the U.S. Senate over whether a successor to Scalia should be confirmed this year, the prospect of a tie in U.S. v. Texas and the potential for a rematch down the road has raised the stakes in this U.S. election year.  Candidates from both parties have been calling on voters to transform the November election into a referendum on the Supreme Court.  At least on the immigration front, the presidential nominees and voters alike will have to wait until the Court announces its decision in mid-summer to find out what exactly has been won or lost, and what more can be done or undone.  Though a tie would leave open the door for the legal merits of the case to be revisited by a full complement of justices under a new president during a non-election year, such a scenario is hardly ideal for the outgoing Administration.  The possibility that victory in the short-term for immigration conservatives could translate into a permanent victory should the Republican nominee win the presidency is a gamble the Administration would rather not face. 

 February 29, 2016

 

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Zika Challenges Mount

By Rachel Nadelman* and Fulton Armstrong

Scientists and Zika

Photo Credit: Pan American Health Organization / Creative Commons / Flickr

While scientists struggle to confirm their theories over the link between the Zika virus and the dread health conditions it apparently causes, national and regional leaders face the monumental task of addressing popular anxiety that’s spreading faster than the virus itself.  The Health Minister in Brazil – site of the largest outbreak of microcephaly – has said he is “absolutely sure” that the virus is causing women to give birth to babies with the condition, characterized by abnormally small heads and serious developmental deficits.  The head of the World Health Organization’s emergency response team said last week (2/19) that the “virus is considered guilty until proven innocent,” but that it will take four to six months to even potentially be sure.  In the meantime, other questions are emerging:

  • Argentine scientists calling themselves “Physicians in the Crop-Sprayed Villages” suspect that the outbreak has been caused by pesticides. They note that thousands of Zika-infected pregnant women in Colombia – where the larvicide pyriproxyfen has not been added to drinking water as in Brazil – have delivered normal babies.  El Salvador, also hard hit by Zika, has not reported Zika-related microcephaly cases.  Other scientific authorities, including the U.S. National Academy of Sciences, question the evidence for this theory, and the later arrival of the disease in these countries means the consequences for infected expectant mothers cannot be fully determined.  Research is ongoing.
  • In lowland Colombia, along the Caribbean Coast, the virus is being blamed for an outbreak of Guillain-Barre syndrome, when victims’ immune systems damage nerve cells and cause pain, weakness, sometimes paralysis, and even death. Scientists are investigating.
  • Mental health experts say the Zika virus closely resembles some infectious agents that have been linked to autism, bipolar disorder, and schizophrenia. They can’t confirm their suspicions.
  • Entomologists and climatologists are warning that global warming will accelerate the spread of Zika and other diseases transmitted by the mosquito Aedes aegypti, which thrives in warmer, more humid environments. They caution that the number of people currently exposed to the mosquito, roughly 4 billion, will grow steadily.  Evidence is inconclusive.
  • Other theories include that the birth defects are caused by genetically modified mosquitoes released by a British company in Brazil to combat dengue; and by vaccinations given to pregnant women to prevent rubella and pertussis. But doctors and scientists have so far rejected each one.

Regional organizations and governments are taking whatever actions they can while awaiting more conclusive science.  Briefing the OAS, the Assistant Director of the Pan American Health Organization called on countries to “to mobilize to eliminate mosquito breeding sites in every corner where they may be” and pledged PAHO’s support to do so.  Brazil has formed special teams to travel around the country to rigorously quantify cases of Zika and possible links with microcephaly.  U.S. President Obama has asked Congress for US$1.9 billion and approval to reprogram funds left over from Ebola eradication efforts to deal with Zika in Latin America and the United States.  Cuban President Raúl Castro has mobilized 9,000 troops and police to spray neighborhoods and eliminate standing water in which the mosquitoes breed.

The “epidemic,” as some leaders are calling it, will be difficult to respond to even after scientists certify the mosquito-virus link.  Solving the mystery of the higher concentration of microcephaly cases in Brazil, or linked to Brazil, will also be essential to developing an effective public health response.  Eradicating all mosquitos would be a monumental undertaking – further complicated by the fact that the history of pesticides shows equal or even greater risks to citizen health when used widely.  The Aedes mosquito sucks the blood of both rich and poor, but population density and weak infrastructure — allowing for stagnant water – makes lower-income communities much more vulnerable.  Focusing on the mosquito may not be enough, moreover, because there are early indications that Zika can be sexually transmitted.  Traces of Zika have been found in breast milk, but the implications remain unclear.  Such questions fuel popular panic, increasing the risk that governments will make rash decisions that could have  profound costs.

February 26, 2016

* Rachel Nadelman is a PhD candidate in International Relations at the School of International Service.  Her dissertation research focuses on El Salvador’s decision to leave its gold resources unmined.

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by clalsstaff on February 26, 2016  •  Permalink
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Posted by clalsstaff on February 26, 2016

https://aulablog.net/2016/02/26/zika-challenges-mount/

Hope Fading for Guatemalan Spring

By Ricardo Barrientos*

Jimmy Morales

Photo Credit: Publinews Guatemala / YouTube / Creative Commons

The high hopes created by Guatemala’s peaceful, democratic change of government last year are hitting the shoals of reality.  Guatemalans managed a major political crisis in 2015 in an exemplary way: massive citizen demonstrations against authorities accused of corruption lasted four months without a single incident of violence.  Acceptably free and fair elections took place just three days after disgraced President Pérez Molina resigned, and a transition government was formed as mandated by the Constitution to govern until Jimmy Morales, the new Guatemalan President, was sworn in on January 14.  Although lacking experience, a cabinet, and a plan, Morales inspired confidence with a very good slogan (that he was “neither corrupt, nor a thief”) and good communication skills honed as a former TV comedian.  Voters had rejected and punished the “old politics” and felt hope that honesty would prevail.

Since Morales took office, however, serious mistakes have caused confidence to dim.

  • His reluctance or inability to answer questions from journalists and to refrain from underestimating audiences by telling silly jokes and childhood stories are raising concerns among observers of an emerging authoritarian personality.
  • Secrecy surrounding his cabinet selection process has led to missteps. His Minister of Communications, Infrastructure, and Housing was forced to resign after just 11 days in office – in the face of evidence of tax fraud and a serious conflict of interest.
  • His first approach to Congress was only to reverse the position on 2016 public debt cuts that his representatives advocated last November. Asking Congress to reduce debt proved popular back then, but now transfers to the Public Prosecutor Office or to the public university can be made only if the original debt amount is restored by Congress.  That condition is not only unpopular; it risks hampering the effort to prosecute corruption.
  • Instead of asking Congress for an urgently needed budget increase to solve ongoing shortages of medicines and equipment in public hospitals and clinics – almost a humanitarian tragedy, he accepted pharmaceutical company donations of expired medications – in a deal redolent of past corruption.
  • Morales’s political party, Frente de Convergencia Nacional (FCN), has grown substantially in Congress by receiving “turncoat” congressmen, directly contradicting an important campaign promise. “Turncoating,” jumping from party to party in Congress (always for a “price”), is one of the practices condemned in 2015 as part of the “old politics” and was strongly rejected by voters who trusted Morales.  The Public Prosecutor Office has received complaints denouncing bribes, government jobs, and contracts offered to “turncoats” now affiliating with the FCN.

Events in Guatemala over the past year present a huge contrast with what the country was a couple of decades ago – triumph for a society deeply marked by civil war, poverty, and brutal inequality, with the fresh hope of a new democratic spring.  Jimmy Morales appears to be squandering a historic opportunity to harness this democratic momentum.  Voters who set aside concerns about his links to right-wing Army veterans accused of crimes against humanity during the civil war could soon feel deceived because the “old politics” is still in place.  Guatemala’s democratic spring may fade before it blooms, sowing the seeds of crisis and instability in the future.

February 22, 2016

*Ricardo Barrientos is a senior economist at the Central American Institute for Fiscal Studies (Icefi).

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by clalsstaff on February 22, 2016  •  Permalink
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Posted by clalsstaff on February 22, 2016

https://aulablog.net/2016/02/22/hope-fading-for-guatemalan-spring/

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