Guatemala: Can the OAS Help Solve a Political Crisis?

By Ricardo Barrientos*

Protest in Guatemala, 2015./ hrvargas/ Flickr/ Creative Commons License

Guatemalan President Alejandro Giammattei, who has faced a number of challenges since his inauguration in January 2020, called in the Organization of American States (OAS) for help in the wake of last month’s protests over the 2021 budget, but the OAS’s impact was more negative than positive. As if the COVID pandemic, two tropical storms, and a series of corruption scandals weren’t enough, protests triggered by Congressional approval of the budget, which was plagued with allocations for corruption schemes and other anomalies, evoked the 2015 citizen mass demonstrations that brought down the government of President Otto Pérez Molina. Demands for the Giammattei’s resignation spread widely and became the main citizen demand: after only 10 months in office, the government was reeling.

  • Guatemala City’s Central Square was filled again with peaceful protesters, but a radical difference distinguished these from the 2015 protests. Away from the Central Square, small groups of individuals whom reliable sources have identified as infiltrators carried out violent acts, including setting the Legislative Palace on fire. These incidents were brutally repressed by the police, which brought back tragic memories of the civil war period. Two young boys lost an eye due to the police beating.
  • The crisis escalated even within the Government. The differences between Giammattei and his Vice President, Guillermo Castillo, deepened to the point that in a press conference the latter proposed that both resign, veto the budget, dismiss the Minister of the Interior and the police chief, and dissolve their highly controversial “Center of Government,” an entity headed by a close friend of the President that duplicated functions already assigned to ministries and state secretaries.

One of the government’s main responses was to invoke the OAS Inter-American Democratic Charter, based on an alleged coup threat. The OAS announced a mission to gather information and interview diverse Guatemalan sectors and actors. Right after the announcement, however, the lack of evidence of a coup d’état triggered distrust about the mission’s purpose.

  • Making things worse, the appointment of Fulvio Valerio Pompeo as mission head was not well received because, while serving as Strategic Affairs Secretary of Argentine President Mauricio Macri, he was directly involved in the failed sale of military aircraft to Guatemala last year. Almost immediately, the Guatemalan press highlighted this fact, feeding the perception that Pompeo might be seriously biased in favor of the government and against civil society, which had denounced the attempted plane deal. Moreover, OAS General Secretary Luis Almagro’s representative in Guatemala, Diego Paz Bustamante, and Guatemalan Foreign Minister Pedro Brolo are long-time friends. Brolo worked for Paz Bustamante in the OAS’s office in Guatemala in 2005-2011, further raising concerns of OAS bias in favor of the government. Due to this distrust, many civil society organizations, and even Vice President Castillo, declined an invitation to meet with the OAS mission.

An agreement earlier this month between the President and Vice President has moderated the crisis and reduced tensions. At a joint press conference, Giammattei announced dissolution of the Center of Government and assigned to Castillo control over the budget readjustment and reconstruction programs for storm damages. They also announced a review of the fitness of the Minister of the Interior and top police authorities to remain in their positions.

  • The Guatemalan crisis is far from over, and serious questions about the rationale for calling in the OAS – invocation of the Democracy Charter – and its response remain.  The OAS actions appeared based more on personal relations between its representatives and Guatemalan officials, particularly the appointment of someone with a clear conflict of interest stemming from the failed plane deal . Perhaps one lesson for OAS member countries from this latest round of Guatemalan convulsions is to think twice and carefully before asking for help from that regional organism, and to first use all local means to deal with an internal crisis.

December 16, 2020

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

In the War for the Soul of Peru, a Battle Is Won

By Cynthia McClintock*

Protest in Lima, Peru – November 2020/ Samantha Hare/ Flickr/ Creative Commons License

The political battles that have seized Peru this month have been intense because the prospects for a democratic, ethical Peru are at stake. On November 9, Peru’s Congress impeached President Martín Vizcarra, a champion of the war against corruption in the country. He was succeeded by the Congress’s Speaker, Manuel Merino, who – after six days of massive protests from all social classes and all regions of the country – resigned. Legislators then came together around a respected centrist, Francisco Sagasti, as Peru’s new president. Sagasti promises to continue the reform effort.

  • The most important cause of the impeachment was elites’ pushback against anti-corruption efforts, particularly the prosecution of under-the-table payments by companies to politicians, an entrenched practice in Peru for centuries. By the estimate of the historian Alfonso Quiroz, under no administration since Peru’s independence was the cost of corruption less than one percent of its GDP. Amid the kickbacks, sub-par companies won bids for state contracts, leading to huge cost overruns and outright project failures. All four presidents elected since 2001 and scores of additional authorities have been prosecuted for this reason. Approximately half the legislators feared an end to their own immunity from prosecution. Legislators of two of the nine political parties in Congress have personal stakes in for-profit universities, which were threatened by newly introduced higher standards for universities.
  • Political interests were also at stake. One political party was pursuing amnesty for its imprisoned leader. Many legislators were dismayed by the brevity of their term (March 2020-July 2021), an upshot from the previous Congress’s confrontation with Vizcarra in late 2019. They hoped to postpone the legislative and presidential elections due in April 2021 and tilt the playing field for the elections in their favor.

The crisis challenges some long-held observations about Peru.

  • The argument of many political scientists that the cause of Peru’s democratic deficits has been the fragmentation among weakly institutionalized parties is questionable. In recent years, Fuerza Popular, led by Keiko Fujimori, was strongly institutionalized; in 2011 and 2016, Keiko was the runner-up for the presidency and, in 2016, the party gained an absolute majority of legislative seats. Merino hails from Acción Popular, a historic party that had recently rebounded. The impeachment vote in the legislature was overwhelming: 105 of 130 legislators in favor. Neither strongly nor weakly institutionalized parties were putting the interests of Peru first.
  • The argument that the cause was the “permanent moral incapacity” clause in Peru’s Constitution per se is also questionable. The clause is vague, but it had also been used to impeach Alberto Fujimori and threaten the impeachment of Pedro Pablo Kuczynski. Although the allegations against Vizcarra – of kickbacks for public-works contracts during his governorship of Moquegua – were made by suspects in criminal cases aspiring to plea bargains, they are worrisome.

For Peruvians, especially young Peruvians, the fear that their country would remain in the throes of the “traditional corrupt political class” was immense. The protests were the largest in Peru since the 1970s. As Merino enabled repression resulting in at least two deaths and hundreds of injuries, the outcry grew ever stronger.

  • Vizcarra was enjoying an approval rating near 60 percent – in the stratosphere for presidents in Peru. Some 90 percent of Peruvians opposed his impeachment. Despite the allegations of corruption against Vizcarra, what mattered to Peruvians was that he was fighting corruption now.
  • In his six days in the presidency, Merino was disastrous. A three-term Acción Popular legislator from Peru’s north without any known achievements, he was perceived as the embodiment of the term “political hack.” His cabinet appointments were far to the right of most Peruvians. Merino and his ministers dismissed protestors’ concerns, refusing even to acknowledge the police repression.

The challenges in Peru are immense. Elections are to be held in five months even though the pandemic has hit Peru exceptionally hard. Its mortality rate is the worst in Latin America, and the expected contraction of GDP for 2020 is the second worst after Venezuela. But Sagasti is off to an excellent start and seems poised to continue Peru’s move in an ethical, democratic direction.

  • A policy analyst and professor with a Ph.D. from the University of Pennsylvania, Sagasti was serving for the first time as a legislator with the centrist Partido Morado. Like him, most of the new cabinet members have advanced degrees and considerable experience in the public sector; ministers in the interior and justice portfolios are sympathetic to human rights concerns. In his inauguration speech, he promised to continue the war against corruption and respect democratic principles. He spoke movingly of the youths who had lost their lives in the protests. He ended with a poem – setting a tone that the country desperately needs.

November 20, 2020

*Cynthia McClintock is Professor of Political Science and International Affairs at George Washington University.

Guatemala: Fiscal Challenges Await New President

By ICEFI and CLALS*

Guatemalan President Alejandro Giammattei is sworn in, January 14, 2020

Guatemalan President Alejandro Giammattei is sworn in, January 14, 2020/ US Embassy Guatemala/ Flickr/ Creative Commons/ https://bit.ly/2GeHS0U

Guatemalan President Alejandro Giammattei, inaugurated on January 14, faces a deeper public finance crisis than previously estimated, putting even greater pressure on him to undertake fiscal reforms and start the slow and difficult process of fiscal stabilization and recovery.

  • The Giammattei administration has inherited a fiscal mess from former President Jimmy Morales, during whose four-year administration public spending on principal social needs didn’t surpass 8 percent of GDP (7.9 percent in 2019). Despite slow, slight growth in the education budget in 2015-2019 and a growing population, the number of students enrolled at the elementary and high school level actually contracted. Spending on health – in a country with half of its children suffering from chronic malnutrition, one of the lowest health service levels, and one of the highest infant and maternal mortality rates in the world – remained around 1 percent of GDP. The military budget under Morales, however, expanded considerably, allowing the Armed Forces to purchase weapons and a ship and to at least try repeatedly to buy military aircraft.

The fiscal situation is worsened by the persistent inability of the national tax authority (SAT) to achieve its collection goals for almost a decade, as well as by the array of amnesties and fiscal privileges approved by the National Congress in 2015-19. As a result, the Morales administration ran up fiscal deficits from 1.1 percent of GDP in 2016 to 2.5 percent in 2019 – accelerating the increase in the stock of public debt from 24.7 percent of GDP in 2017 to 27.0 percent in 2019 – Guatemala’s highest in recent history.

  • Making things worse, the debt was principally handled through issuance of Treasury Bonds sold on the national and international markets at terms – higher rates and shorter maturity periods – less favorable to the Guatemalan government. Last September Congress passed a law, supposedly to formalize cattle growers and ranchers (a sector well known for not paying taxes), that many observers say is so badly written that it opens the door to more tax fraud and even money laundering by powerful drug cartels. ICEFI and even some members of Congress note this has the potential to cause even greater revenue losses in 2020.

Budgetary pressures seem very likely to continue rising this year, further complicating the new president’s challenges. The Constitutional Court in late November ruled that the Executive Branch must correct the way it calculates the transfers that the Constitution requires the Central Government make to the municipalities, the Judiciary, the San Carlos University (Guatemala’s only public university), and the federated and non-federated sports institutions. If this ruling is confirmed, it will generate a huge increase in those organizations’ budgets, seriously exceeding the government’s current fiscal capacity by more than US$1 billion (1.2 percent of GDP).

  • ICEFI’s analysis shows that the only way for the new government to overcome the public finance crisis is to undertake far-reaching fiscal reform – revitalization of tax administration, a credible fight against corruption and tax evasion, and correcting budget priorities. For a government more inclined to pro-business and liberal economic thinking, such reforms may represent a considerable political challenge.
  • President Giammattei also inherited a difficult political situation from his predecessor, whose conflict with the UN-supported International Commission against Impunity in Guatemala (CICIG) and whose alliance with persons widely believed to be involved in corruption further undermined popular confidence in the government. The new president will be judged harshly if he fails to demonstrate early on a commitment to fight corruption, increase transparency, and make government more accountable. Accusations that he himself has been involved in corruption are already arising. He faces these tough economic and political challenges – with diminished resources, fiscal chaos, and with the previous administration’s allies considerably strengthened – at a time that Guatemala can ill afford to continue to stumble from crisis to crisis.

January 23, 2020

* The Instituto Centroamericano de Estudios Fiscales conducts in-depth research and analysis on the region’s economies. Data and charts supporting this article can be found by clicking here. This is the fourth in a series of summaries of its analyses on Central American countries. The others are here, here and here.

Honduras: A Renewed MACCIH with Teeth?

By Eric L. Olson*

President of Honduras, Juan Orlando Hernandez, January 16,

Juan Orlando Hernández, President of Honduras, January 19, 2016/ Flickr/Creative Commons/ https://www.flickr.com/photos/oasoea/24115247729/in/photostream/

As the January 19 deadline for renewing the Support Mission to Combat Corruption and Impunity in Honduras (MACCIH) approaches, the Honduran government — never enamored of it — has a chance to demonstrate a commitment to root out one of the principal problems that undermine the nation’s democratic institutions and the opportunities citizens yearn for.

  • The Organization of American States has been engaged for months in low-profile discussions with Tegucigalpa on the future of MACCIH, created by an agreement between Honduran President Juan Orlando Hernández and OAS Secretary General Luis Almagro on January 19, 2016. Despite concerns that MACCIH lacked the independence and capacity to conduct investigations that its UN-based counterpart in Guatemala (CICIG) once had, it has demonstrated that Honduras can indeed conduct independent, non-partisan investigations into systemic corruption, and begin to prosecute and hold accountable senior officials.

Working with its partner in the Public Ministry, a special anti-corruption prosecutor’s unit (UFECIC), MACCIH has had a key role in 13 major cases involving 124 individuals, including 80 government officials and 44 private citizens. Several cases involve networks of corruption in the Honduran legislature as well as the former first lady (now sentenced to 58 years in prison), and graft and corruption in the country’s public health system (IHSS). The official evaluation of MACCIH’s first four years by the Mesa de Evaluación, a process established by agreement between the Honduran government and OAS, has recommended full renewal.

The brave work of the UFECIC prosecutors, who formalize the investigations that MACCIH first develops, has been crucial. MACCIH screens and recommends the prosecutors and investigators that make up UFECIC, but its mission is to support, not conduct, prosecutions. This distance is intended to strengthen capacity within Honduras’s justice system.

  • Honduran civil society, previously skeptical that MACCIH would work, is now largely on board. The Coalition for the Renewal of MACCIH has issued statements calling for the mandate to be extended — proclaiming ¡Renovación Ya! — as have the National Anti-Corruption Council, the Association for a More Just Society, the Catholic Bishops Conference and its Evangelical counterpart, and others. Even members of the business community, long leery of anti-corruption initiatives, support renewal.
  • At least rhetorically, the United States supports MACCIH renewal. Acting Assistant Secretary of State Michael Kozak and other State Department officials have endorsed it, and Democrats in the U.S. Congress have been strong advocates. Washington’s implicit approval of the Guatemalan government’s dismantling of CICIG, however, remains a concern for MACCIH supporters.

President Hernández’s foot-dragging on renewal has fueled worries. Renewal could be done simply with an exchange of letters in which the government signals its desire to renew the mandate as is; unless the agreement is to be amended, no congressional action or further steps are needed. The delay has given rise to fears that the government is seeking to limit the length of the new mandate (from the current four years to two or even one). There is further concern that the government, with pressure from Congress, seeks to limit the MACCIH mission to citizen oversight functions, prevention efforts, and technical training. These are all important elements of the mission, but the heart and soul of the MACCIH’s success has been its support for the UFECIC and its investigations. To undermine or limit investigations would likely lead to the demise of UFECIC and render the MACCIH toothless.

Renewal of MACCIH — with the investigative elements of its mandate intact — gives President Hernández, who labors under a cloud of allegations about involvement in narcotics trafficking and other illicit practices, an opportunity to demonstrate his commitment to fighting corruption, strengthening the rule of law, and building judicial and democratic institutions. If the mandate is changed, not simply renewed, it will have to be approved again by the Honduran Congress, where odds are long. The Congress has already recommended MACCIH not be renewed and, as the official Mesa de Evaluación documented, it has already attempted to reverse anti-corruption legislation, such as by lowering penalties for misuse of government funds.

  • Hernández has the clout to direct his supporters in Congress, many of whom fear MACCIH’s investigations into their activities, to abandon their obstructionist tactics, while reaching out to opposition legislators who support MACCIH. Alternatively, he could ignore Congress altogether and simply reach an executive agreement with the OAS, something that would carry less legal weight but may preserve MACCIH’s essential elements.
  • The President’s inaction hurts MACCIH and broader anti-corruption efforts as well as Honduras. Failure to push renewal — with teeth — will not only damage his reputation and further erode his legitimacy in the eyes of Hondurans and the international community; it will send a message of hopelessness and despair to Hondurans seeking to build a better future for their country.

January 13, 2020

* Eric L. Olson is Director of Policy, Seattle International Foundation, and a global fellow at the Wilson Center in Washington, DC.

 

Latin America: Drug Traffickers Vary Routes as Circumstances Warrant

By Carolina Sampó

U.S officers confiscating narcotics in the Eastern Pacific

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

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

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

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

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

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

September 27, 2019

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

New Leadership in El Salvador: Breaking from the Past?

By Eric Hershberg*

U.S. Air Force Chief of Staff Gen. David L. Goldfein meets with El Salvador’s newly elected President Nayib Bukele

U.S. Air Force Chief of Staff Gen. David L. Goldfein meets with El Salvador’s newly elected President Nayib Bukele / Joint Base San Antonio / Public Domain

Salvadoran President Nayib Bukele’s stunning defeat of both of his country’s two dominant parties in February was propelled by promises of change and new approaches to challenges that vexed his predecessors. His initial six weeks in office have featured notable gestures toward fresh directions but also grounds for concern. The country’s problems are many and severe. Decades of paltry private investment has produced anemic economic growth, worsened in recent years by a devastating internal security situation. The limited economic growth that has occurred relies disproportionately on remittances from migrants – the value of which exceeds that of exports – but the circumstances of Salvadorans in the United States are growing more precarious, potentially eroding future transfers. In addition, plausible shifts in trade policy by an erratic U.S. administration could undermine the U.S.-CAFTA-DR trade agreement, threatening critical manufacturing jobs. Corruption, meanwhile, is perceived by the population as no less urgent a challenge as joblessness and impunity for the gangs whose extortion and violence torment much of the population.

Bukele’s winning campaign formula was to promise to turn things around with a new vision and new people. One important signal of change was the President’s order to immediately remove the big block letters “Monterrosa” from the barracks of the armed forces 3rd brigade, in San Miguel, and his hosting a dinner at the Presidential residence for family of the victims of the El Mozote massacre that Lt. Col. Monterrosa had overseen. A handful of initial cabinet appointments signaled an inclination toward meritocracy and gender balance. Yet Bukele has more recently appointed to key positions dodgy veterans of the administration of former President Tony Saca (2004-09), who split (and was later expelled from) his ARENA Party to form a new party, GANA. While Saca is serving a 10-year prison sentence for corruption, Bukele, who was expelled from the FMLN in 2017 and thus lacked a vehicle of his own with which to seek the presidency, opted to run on the vacant GANA ticket. The appearance of figures from Saca’s inner circle is thus not entirely a surprise, but it stands out given the degree that Bukele’s largely platform-less campaign highlighted the battle against corruption.

  • One of his pledges was to create a hybrid (national-international) anti-corruption commission – adapted from the experiences of CICIG in Guatemala and MACCIH in Honduras – to hold accountable political elites suspected of extraordinary levels of malfeasance. Yet both domestic and external constraints make such an effort less likely than Bukele might have imagined while on the campaign trail, and the Comisión Internacional contra la Impunidad en El Salvador (CICIES) seems to have been relegated to a back burner.
  • Equally striking is the new President’s doubling down on militarized responses to gang violence, departing from both his campaign rhetoric and his mode of governance as mayor of Nuevo Cuscatlán (2012-15) and San Salvador (2015-18). Whereas he had entered into pragmatic if unspoken accommodations with the gangs in order to secure governability at the municipal level, he’s now declaring all-out war against the maras, sending the military into gang-ridden communities and clamping down on communication from the prisons from which gang leaders continue to direct operations. During the first week of July – a month after assuming office – he asserted that repression was but the first phase of a comprehensive anti-gang strategy, promising a second phase, focused on social opportunity, that would address the structural factors that draw youth toward lives of criminal violence. But details remain thin, and whether funds will be appropriated by a legislature in which GANA has only a small minority of seats remains to be seen.

Bukele represents El Salvador’s first Instagram and Twitter president – with a penchant for announcing sweeping personnel changes without having informed affected staff in advance. His recourse to social media for proclaiming “you’re fired” aligns him with other western hemisphere presidents eschewing traditional channels of communication with public employees and the citizenry, but in El Salvador as elsewhere this justifies concern over how governance through a cacophony of tweets may affect the quality of democracy.

Meanwhile, the new president has wisely emphasized that cordial relations with the United States are an imperative for his government. More than a third of his compatriots reside there, and he has already taken steps to gain Washington’s blessing for his administration. At U.S. urging, he invited the representative of Venezuelan assembly president Juan Guaidó to his inaugural, and when a Salvadoran father and daughter drowned in the Rio Grande, Bukele exonerated President Trump’s border policies, saying “La culpa es nuestra.” Nonethelesss, he has been critical not only of Venezuelan dictators who Washington abhors but also Honduran ones who the Americans enable. Meanwhile, observers in San Salvador opine that, contrary to Washington’s wishes, he will not reverse his FMLN predecessor’s decision to deepen relations with China – he needs Chinese investment and recent history offers little reason for expecting analogous resources to arrive from the U.S. Finding the money needed to provide jobs, security and social welfare to the vast majority of Salvadorans who have lacked them may prove as vexing for the outsider president as it was for leaders of the dominant parties of the post-war period.

July 16, 2019

* Eric Hershberg is Professor of Government and Director of CLALS at American University. He took part in a delegation of AU experts for a weeklong visit to El Salvador in June, during which they met with political leaders across the political spectrum, as well as leading journalists, scholars, NGO leaders, policymakers and diplomats.

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.

Central America: Hybrid Anti-Corruption Commissions Can Work

By Chuck Call*

Map of Guatemala, Honduras and El Salvador, with Guatemala and Honduras territory being covered by photos of well-known politicians being arrested.

Prospects for an International Commission against Impunity and Corruption in El Salvador: Lessons from Neighboring Countries in Central America logo / CLALS / https://www.american.edu/centers/latin-american-latino-studies/Prospects-for-an-International-Commission-against-Impunity-and-Corruption-in-El-Salvador-Lessons-from-Neighboring-Countries-in-Central-America.cfm

If newly inaugurated Salvadoran President Nayib Bukele pursues his campaign calls for the creation of a hybrid international commission to fight corruption and strengthen judicial institutions, he will face tough challenges from entrenched interests. However, the experiences of Guatemala’s CICIG and Honduras’s MACCIH show that a strong investigative mandate, close partnership with vetted national prosecutors, strong international backing, and transparent accountability will increase the chances of success of any such mission. (Full text of the study is here and aquí.) CICIG and MACCIH were born of political crises, but they were given different authorities, faced different expectations, and delivered different results.

  • Both missions have had historic investigative and prosecutorial achievements – bringing former and current senior officials to account as never before and putting powerful elites on notice that impunity will not be tolerated. CICIG has dismantled corrupt networks, exposing their reach into the Congress and the Cabinet, indicting hundreds. MACCIH has helped indict dozens of legislators and a former First Lady. Working with special units of prosecutors, they have also contributed to local institutional capacity to root out corruption.

Both CICIG and MACCIH have struggled against the pressure tactics of the many corrupt officials, legislators, and economic interests who most feel threatened by them. In contrast to Guatemala, where CICIG was key to the adoption of several laws that served as a foundation for effective investigation of organized crime, the Honduran Congress has refused to pass such laws. Legislatures in both countries have changed laws specifically to vitiate prosecutions (including of themselves) advanced by the missions. Corruption among judges, especially in Honduras, has made winning convictions extremely difficult. After CICIG shifted its sights beyond politicians to powerful businessmen a few years ago, Guatemalan elites launched a campaign to smear CICIG as an incursion on sovereignty and a socialist plot. Both missions have confronted constitutional challenges.

Key lessons from CICIG and MACCIH’s experience include:

  • Realistic expectations are important. The legal and diplomatic negotiations and logistics necessary to set up “hybrid” units combining domestic and international investigators slowed both entities’ starts. It took over two years for CICIG to secure its first convictions, and MACCIH’s investigations have led to only 12 cases, although these are major corrupt networks. The focus of many Hondurans on ousting President Juan Orlando Hernández has obscured some of the important cases advanced by the mission and its Honduran partners.
  • Anti-impunity missions can threaten systems of political and economic power in ways that go beyond judicial processes. Despite the technical and juridical character of both the missions, they have exposed in detail how criminal enterprises interact with political parties, elected, and appointed officials, and current and former security officials. The missions have also detailed how legislators receive illicit campaign funds and how they fraudulently spend public monies, forcing changes to these decades-old corrupt practices. In Guatemala, the prosecutions have dismantled corrupt networks involving cabinet ministers, generals, top business leaders and the former president and vice president, altering the political profile of parties and undermining the ability of prominent and corrupt elite structures of power to operate.
  • Strong partnerships with national prosecutorial units and with civil society are crucial for success and sustainability. CICIG and MACCIH could not have achieved what they did without close cooperation with carefully selected and vetted prosecutorial units. Those units, especially the UFECIC in Honduras, carried out much of the investigation and led the prosecution in both countries. The legacy of the hybrid missions rests in the future of these empowered professionals and society’s raised expectations of clean behavior from their public officials. Both missions have generated a greater sense that high-level politicians, officials and elites can be imprisoned for corruption and organized crime. Yet these missions have not heeded or informed civil society as much as they might have. Moreover, these experiences and the likely end to both missions in the coming months show that civil society is vital to educating society on the importance and possibility of accountable governance, and for demanding it from politicians and the justice system.
  • International sponsorship brings both advantages and challenges. The association with the UN (for CICIG) and the OAS (for MACCIH) has brought valuable political legitimacy, professional capacity, and needed resources. But it has also brought complications. In the case of MACCIH, slow and politicized appointments, questionable allocation of resources, and excessive day-to-day oversight from Washington, not to mention personal spats and undue interference by specific member states, have undermined performance and credibility. CICIG’s status as a non-UN body gave its commissioner the independence needed to take on tough cases and ignore political considerations. However, that lack of accountability is seen as having contributed to the alienation of many sectors in ways that left it politically vulnerable. Wavering U.S. support for CICIG since 2017 has emboldened the missions’ critics.

The experiences of CICIG and MACCIH show that, despite ups and downs, hybrid international-national missions can help a society fight corruption. In Guatemala and Honduras, these commissions achieved more than most observers originally predicted by dint of the vision and discipline of their leaders and sponsors as well as the work of courageous national officials and civil society groups often risking their livelihoods and lives. Their performance also shows that getting the mission right and sustainable takes time, communication, and strong partnership with national prosecutors. The main challenge now is that corrupt officials and businesses have become proficient at blocking investigations, prosecutions, and convictions.

  • Creating an International Commission against Impunity in El Salvador (CICIES) may be harder now than before CICIG and MACCIH scored their victories. However, President Bukele may have a historic opportunity to press the country’s two main (but weakened) parties, ARENA and the FMLN, to approve a strong mandate that fits the country’s particular needs. Experts advising then-President Mauricio Funes (himself ironically now on the lam for alleged corruption) concluded in 2010 that the country’s Constitution provides the basis for an international mission with a sufficiently strong investigative powers to have impact. The Guatemalan and Honduran missions show that a strong mandate and significant national and international backing could improve help El Salvador’s justice system reduce corruption and impunity. Such efforts may also have comparable impact in exposing in dirty detail, and perhaps reforming, unaccountable and exclusionary systems of political representation.

* Chuck Call teaches International Peace and Conflict Resolution at American University, where he directs a Center for Latin American & Latino Studies project analyzing MACCIH and anti-corruption efforts in Honduras.

Haiti: Building Democratic Institutions?

By Fulton Armstrong

A bus burning with thick clouds of black smoke billowing above it, and two men on a motorcycle riding by.

Riots in Haiti, February 2019 / AP/ Wiki Images / Creative Commons

Haitian President Jovenel Moïse is trying to end a months-long political crisis by dumping his Prime Minister, but he doesn’t seem to be addressing the underlying causes of last month’s violent protests, and scandal continues to swirl around his apparent role in a bizarre operation involving heavily armed U.S. “security specialists.” Protesters who took the streets in early February accused Moïse and close allies, including former President Michel Martelly, of diverting billions of dollars gained from the sale of fuel under Venezuela’s Petrocaribe program – money that should have gone to development programs – before he took office in 2017. They also complained about the continued economic decline under Moïse. Roadblocks around Port-au-Prince and elsewhere brought the country to a halt. Some 41 deaths were reported. The U.S. Embassy evacuated non-emergency personnel and warned persons “not travel to Haiti due to crime and civil unrest.”

  • Moïse made no public statements until after eight days of rioting, when he said, “I hear you.” Reiterating his pledge to resist opponents calling for him to step down, he said, “I will not leave the country in the hands of armed gangs and drug traffickers.” He mobilized supporters in Congress to pass a no-confidence resolution removing Prime Minister Jean-Henry Céant, with whom he had been publicly feuding, just days after the six-month anniversary of his appointment, at which point he could legally be removed from office. But Moïse has not addressed the corruption charges, nor announced any plans to revitalize the economy except by negotiating a new loan from the IMF.

The appearance and disappearance of U.S. operations specialists, who were armed with assault weapons, drones, satellite phones, and other equipment, remain a mystery. Members of the team have offered different versions of the purpose of their mission, perhaps reflecting different cover stories they’d been given, but several scenarios involve moving something sensitive – money, people, or computer technology – out of or into the Central Bank, with Moïse seemingly at the heart of the mission. The team was arrested before the operation could be completed, and Moïse and his Justice Minister got them released. The U.S. Embassy helped spring them from police custody and helped them depart the country even before they could be arraigned. U.S. authorities, after meeting them planeside in Miami, released them without charge. (The Embassy reportedly told the Minister of Justice that the U.S. Government would bring arms trafficking charges against them.)

  • Moïse’s opponents claim that Washington aided the exfiltration in return for his increasingly close alignment with President Trump and U.S. Senator Marco Rubio’s priorities, including Haiti’s first-ever vote in January on a resolution rejecting the legitimacy of Venezuelan President Maduro’s second term. Perhaps related: U.S. support was important in the IMF decision earlier this month to extend loans for $229 million at 0 percent interest. The deal will move ahead after Moïse gets a new Prime Minister confirmed. Rubio visited Moïse in Haiti last week, and Trump met the Haitian President, along with other Caribbean leaders who voted with the United States on Venezuela, last Friday at Mar-a-Lago.

If precedent is any guide, Prime Minister Céant almost certainly had a hand in stimulating the February riots, and his accusation that the U.S. security team members were “terrorists” seems far-fetched and politically motivated. But he may have correctly sensed that the armed operations team’s purpose involved an effort by Moïse or his powerful mentor, former President Michel Martelly, to shut down any additional snooping into their activities and the whereabouts of the Petrocaribe profits. Moïse appears likely to continue looking for ways to curry favor with Washington as a means of gaining U.S. support and forbearance. Indeed, U.S. willingness to hustle the security team out of the country before they could face a judge would suggest that Moïse knows how to poke holes in the United States’ stated commitment to the rule of law and democratic institutions.

Peru: President Vizcarra Surprisingly Paves the Way for Liberal Project

By Carlos Monge*

actualidad-salvador-solar-y-su-nuevo-gabinete-juran-al-cargo-esta-tarde-n362718-603x339-558655

Prime Minister Salvador del Solar and President Martin Vizcarra / canaln.pe / Creative Commons

One year in office, Peruvian President Martín Vizcarra has made significant strides toward strengthening neoliberal economic policies and opening the way for a liberal project in Peru – while maintaining 50 percent popular support.  Prime Minister César Villanueva took the hit for a fall in the polls last week, setting the stage for Vizcarra to name a new cabinet this week to give a push to his agenda.  The new Prime Minister – lawyer, actor, and film director Salvador del Solar – espouses a market economy with strong state regulations against corruption, tax evasion, and monopolies, while defending human, women’s, and LGTIBQ+ rights.

  • His opponents have been weakened. Former President Alberto Fujimori is back in jail, his presidential pardon revoked.  His older daughter, Keiko, is in prison, while awaiting trial on corruption charges, and his younger son, Kenji, is under investigation for links to drug trafficking.  Fujimori family long-time confidant Jaime Yoshiyama returned from the United States directly to prison for violations of campaign finance laws.

None of this seemed remotely possible only a year ago when Vizcarra, a Vice President, returned to Peru from his posting as Ambassador to Canada and, on March 23, was sworn in as President, after President Kuczynski resigned amid serious corruption charges.  Indeed, Vizcarra appeared destined to be a weak president facing a strong and ruthless parliamentary opposition.  The question then was if he would last or, rather, when he would fall.  Vizcarra initially seemed to follow his predecessor’s appeasement policies, attempting to govern without the permanent obstruction of a Congress dominated by Keiko Fujimori’s Fuerza Popular and its close ally, APRA.  He even consulted with Keiko about potential cabinet members and important policy matters.  Keiko, on the other hand, remained convinced that she should have won the 2016 elections and sought to govern the country through her control of the Congress, even hoping to generate a political crisis leading to new national elections that she was sure she would win.

  • Vizcarra soon grasped Keiko’s intentions and sided with citizens’ widespread indignation caused by the leak of audio recordings that confirmed enormous levels of corruption in the judiciary and its connections to political parties such as Keiko’s Fuerza Popular and APRA. Despite desperate efforts by these parties and their allies in both the judiciary and the General Attorney’s office to block ongoing investigations, both Keiko and Alán García, the APRA leader and former national president, were in serious trouble.  Vizcarra embraced the anti-corruption platform and confronted head-on the same leaders and parties he had initially tried to appease.
  • Bypassing the Fuerza Popular and APRA’s domination in Congress, Vizcarra succeeded in organizing a referendum last December that approved a package of reforms he proposed to reduce corruption. (He even convinced citizens to vote NO on one of his four reform proposals – the return to a two-chamber parliament – after Fuerza Popular and APRA introduced a provision that would open the way for parliamentary re-election in 2021, which another reform prohibited.)  With an average of 80 percent of voters supporting his position on all four measures, Vizcarra scored a huge victory– clearing the way for him to move forthrightly on his political and economic agenda.

Early posturing for the 2021 elections shows that Vizcarra may have opened a previously nonexistent space for liberal politics in the country.  In fact, his new Prime Minister has presidential aspirations and Julio Guzmán and his Partido Morado have recently registered, and they are –as Vizcarra is – – a “liberal” or “sort of liberal” politician.  The traditional right, including Fuerza Popular, APRA, the CONFIEP business guild, and others, have strongly criticized the values and economic views of the new Prime Minister, but the days that the only face of the right was a mix of state capture by large economic groups and conservative values and policies – a mix Alán García and Keiko Fujimori represent so well– seem to be over.  The emergence of a liberal project also represents a challenge for the left, traditional champion of liberal values.  If those liberal values now find liberal champions, the left will have to remain true to them while – at the same time – displaying its total opposition to the continuity of neoliberal economic policies and pushing for a set of distinctly leftist policies in the social, environmental and cultural realms.

March 15, 2019

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