All posts tagged Accountability & Corruption

Brazilian Prosecutors: Crossing the Line?

By Fabio Kerche*

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PSB Nacional 40 / Flickr / Creative Commons

Brazil’s Federal Prosecutors – treated as heroes by parts of Brazilian society and the mainstream press – have become so powerful and aggressive that they face growing allegations of violating some civil and political rights. The Lava Jato (Car Wash) investigation that helped bring down President Dilma Rousseff is not the first time that prosecutors have been in the spotlight; they are often easier to find in newspapers’ political section than among crime news. For instance, during the 1990s State Prosecutors sued hundreds of mayors and became protagonists in the Mensalão, a campaign finance scandal during the administration of President Lula da Silva. But their activities have never been as intense as recently, leading to the unprecedented “judicialization” of politics, a term that political scientists use to refer to over-reliance on the judicial system to mediate policy debates and political disputes.

The roots of prosecutors’ extraordinary power are in the 1988 Constitution, which assured their autonomy and gave them extensive civil and criminal tools with which to act. At the same time, lawmakers created few processes to ensure prosecutor accountability, making them autonomous even in relation to the Procurador-Geral da República, who is supposed to be the chief Federal Prosecutor but cannot provide effective oversight under current law. After passing the pre-employment examination, prosecutors cannot be fired or demoted. They are an army of 10,000 who are entirely independent of politicians and society. Unlike in the United States, where the President can dismiss a U.S. Attorney and electors can vote out a District Attorney, Brazil lacks analogous mechanisms for ensuring prosecutors’ professionalism.

Two innovations during the Partido dos Trabalhadores (PT) governments of Presidents Lula and Dilma fed the powers that now try to devour them.

  • While nominating Chief Prosecutors for their two-year terms, they essentially waived their right to choose by going with the candidates with the most support from their own agency colleagues, at times based on institutional interests (such as wages) rather than professional integrity and vision. Not only did this weaken the influence of the incumbent President; it opened the way for leading prosecutors friendly with past administrations to become relentless pursuers of PT leaders. Dilma also approved legislation expanding prosecutors’ authority to offer plea bargains, reducing suspects’ sentences in exchange for information about accomplices and their bosses. Prosecutors and the judge responsible for Lava Jato have been constantly ordering arrests of officials, whose only ticket out of prison is to turn over information. Yet, since potential snitches cannot receive credit for reporting cases and names that have already been provided by others, this process has created a voracious accusation market and a deluge of new “facts” and new names, particularly including PT leaders. Suspects are condemned by public opinion, creating a true cycle that feeds on itself.

A survey released last week by Vox Populi and Brazil’s largest trade union federation, the Central Única dos Trabalhadores (CUT), shows that 43 percent of Brazilians think prosecutors are “fair” and treat all politicians equally. But an almost equal number – 41 percent – claim prosecutors persecute politicians from the PT and do not act against politicians from its principal adversary, the PSDB. With Brazilian society split over the Brazilian Prosecutors Office’s integrity, the lack of any instrument for punishing or rewarding prosecutors is particularly problematic. Brazilian citizens have few political and legal tools to wield against prosecutors whom they believe abuse power. When institutions fail and do not shape behavior, personal and political agendas become paramount. This is not a good democratic model, even when prosecutors are supposedly fighting against corruption. It opens the door to political witch hunts and erodes popular confidence in democracy and its institutions.

October 27, 2016

 

* Fabio Kerche is a CLALS Research Fellow and Researcher at Casa de Rui Barbosa Foundation, Rio de Janeiro.

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Nicaragua: A New Family Dynasty Taking Root

By Aaron T. Bell*

nicaragua-0919l

Left: Photo of Daniel Ortega celebrating his latest presidential triumph (July 20, 2012) / Fundación ONG de Nicaragua / Wikimedia / Creative Commons; Right: Anastasio Somoza DeBayle / DemonSabre / Wikimedia / Creative Commons

Events in Nicaragua this summer have demonstrated that President Ortega and his family have a vision for the future that erodes a key element of political democracy – the replacement of the executive through free and fair elections – and risks establishing a dynasty of corruption and authoritarian rule.  In May 2016, President Daniel Ortega of the Frente Sandinista de Liberación Nacional (FSLN) announced his candidacy for a fourth presidential term – his third consecutive.  Since then the government has taken several steps to ensure that Ortega and his family remain in power in November’s elections for President and National Assembly, and beyond:

  • Voting irregularities, a lack of transparency, and accusations of fraud have marred several successive elections since Ortega’s return to power in 2007. In June of this year, Ortega announced that he would not permit international election observers to monitor this fall’s elections.
  • Weeks later, the Supreme Court stripped opposition leader Eduardo Montealgre of his position as head of the Partido Liberal Independiente (PLI) and replaced him with Pedro Reyes, considered by observers to be an Ortega ally. In July, Nicaragua’s electoral council removed 16 sitting members of the National Assembly and 12 alternates after they refused to recognize Reyes.
  • In August, Ortega announced that Rosario Murillo, his long-time partner and wife since 2005, would serve as his vice presidential candidate in the November election. Murillo has been a prominent figure in the Ortega government while serving as both first lady and chief spokeswoman.  Her political ascension is complemented by the rise to prominence in recent years of her and Ortega’s children as operators of business and media interests, including the couple’s eldest son and presidential adviser on investments, Laureano Facundo, who helped sell the stalled interoceanic canal project to Chinese businessman Wang Jing.

Nicaragua’s opposition parties have thus far been unable to mount an effective response and have shown the lack of cohesion and focus that have plagued them for decades. Montealgre announced that the coalition led by the PLI would boycott the election and called on others to do the same.  But rather than present a united front, opposition leaders are fighting amongst themselves to seize the mantle of leadership and challenge Ortega through several competing parties and coalitions.  This will be no easy task: polling conducted by M&R Consultores this summer shows that over 60 percent of voters are likely to vote for Ortega, with the leading opposition parties drawing low single digits.  Over a quarter of potential voters said they were unsure whom they would vote for.  With the opposition beset by division and lacking much legitimacy – tainted as they are by a history of corruption, self-interest, and financial support from the United States – it is unsurprising that protests and civil unrest have been largely absent.  The ouster of the PLI delegates has also stirred the FSLN’s old opponents outside the government, who have been largely quiescent in recent years but condemned the decision: the Bishops of the Episcopal Council, the Nicaraguan-American Chamber of Commerce, and the Consejo Superior de la Empresa Privada (COSEP), the largest business chamber that has enjoyed a working relationship with the Ortega government.

The FSLN’s authoritarian turn, Ortega’s long reign, and the rise to prominence of both Murillo and the couple’s children invite comparisons between Ortega and Somoza family dynasties.  It may be from COSEP and the business sector, rather than among the weak and divided political opposition, that a serious challenge to Ortega could eventually emerge. It was after all the defection of non-Somoza family interests in the private sector, combined with a popular insurrection led by a guerrilla insurgency, that did away with Nicaragua’s previous family dynasty.  But that combination only emerged following the shock of the 1972 earthquake and resulting massive corruption, the assassination of a national figure like Pedro Chamorro in 1978, and the particularly bloodthirsty turn that the Somoza regime had taken. With similarly game-changing circumstances absent at this juncture, the sort of cross-sector revolutionary movement that ultimately toppled the Somozas appears unlikely.  For the moment at least, an Ortega family will be well on its way to firmly preserving its dynastic power come November.

 September 19, 2016

* Aaron Bell is an Adjunct Professorial Lecturer in History and American Studies at American University.

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Mexico: Repressing Organized Dissent

By Marcie Neil*

Mexico teacher protest

A photo from the protest on June 19. Credit: LibreRed / Google / Creative Commons

The Mexican government’s latest reaction to the country’s largest teachers union’s challenge to education reform is triggering accusations of gross human rights violations at a time that President Enrique Peña Nieto is already under severe pressure over the case of the missing 43 students from Ayotzinapa, even if the union’s reputation – and the government’s historical demonization of it – may undercut the teachers’ cause.  Protesters associated with the Coordinadora Nacional de Trabajadores de la Educación (CNTE) clashed with state and federal police in Nochixtlán, Oaxaca, on June 19, leaving eight dead, more than 100 wounded, and at least 25 detained.  The clashes culminated a series of CNTE-led protests over a 2013 reform that puts the onus on teachers for student success through government-mandated tests and teacher evaluations – akin to the U.S. “No Child Left Behind Act.”  CNTE members consider the reform disconnected from the realities of teaching in Mexico’s underprivileged, indigenous, and rural environments, and view it as a threat to their collective decision-making authority and hard-won benefits from the 1980s and 1990s.

  • The CNTE denounced Nochixtlán as another example of excessive police force, and press reports and citizen testimony have refuted the President’s claim that police met protesters unarmed. The administration subsequently offered to meet with union leaders to discuss the reform, but it was seen as offering too little too late.

The CNTE is not the country’s most respected institution, but its complaints about the brutal police reactions to its protests have merit and have stimulated a national debate on Mexico’s commitment to human rights.  The union’s reputation has been tarnished by repeated disruption of school schedules, internecine strife, recent arrests of leaders on corruption charges, and a recently eliminated, but oft-cited, benefit that allowed union members’ children to inherit their jobs regardless of merit.  But the state’s implicit culpability in the disappearance of the 43 students in Ayotzinapa and the death toll on June 19 seems to have tipped the perceptions of its dispute with the state momentarily in favor of CNTE.  That dispute and others with popular organizations have deep roots – going back to mobilizations in the 1960s, including the Tlateloco Massacre in 1968, and the brutal repression of a 2006 teachers strike in Oaxaca.  The historical pattern is one of state abuse against mostly harmless citizens who feel denied democratic participation.

The Peña Nieto administration’s reactions thus far do not suggest a desire to break with that pattern, even in the face of public outrage over this month’s killings.  The Mexico representative of the United Nations High Commissioner for Human Rights and others have called for an independent investigation into the Nochixtlán violence, but the government’s stonewalling of the Ayotzinapa investigation suggests these attempts at overcoming impunity face dim prospects.  Education Minister Aurelio Nuño’s statement the day after the confrontation confirming the government’s commitment to uphold the education reforms further fueled public anger.  Absent an independent evaluation, the bloody events of June 19 could remain as evidence that the Mexican government is simply unwilling to overcome its historical tendency to attack those it considers subversive. 

July 1, 2016

* Marcie Neil received her Masters in Latin American Studies at American University in 2015 and served as a Graduate Assistant at the Center for Latin American and Latino Studies.

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Almagro’s Freshman Year: Bold Actions or Unnecessary Risk?

By Maria Carrasquillo*

Luisito

Photo Credit: Juan Manuel Herrera (OAS)/Flickr/Creative Commons

Secretary General Luis Almagro’s quest to revitalize the Organization of American States (OAS) seems premised on being an “activist” Secretary General in what could be a make-or-break gambit to assert the organization’s hemispheric leadership.  Only 13 months in office, Almagro has taken an approach that is a clear departure from the low-key, consensus-building ways of former Secretary General José Miguel Insulza.  In his 2015 inaugural address, Almagro laid out his plans for the rejuvenation of the OAS, including internal changes to “adapt it to the realities of the 21st century” and “insert [it] into a world different from the one in which it was developed and has grown and operated.”  Almagro underscored the need for the OAS to promote transparent and inclusive elections throughout Latin America and, in regard to democratic governance, “lend a hand to countries that are going through moments of tension and conflict.”

Almagro has taken a number of positions that confirm his desire to redefine the OAS’s role in the region.

  • In 2015, Almagro took the lead in developing a plan to fight corruption in Honduras, resulting in the formation of the Support Mission Against Corruption and Impunity (MACCIH) – a watered-down version of the successful UN-backed CICIG in Guatemala. The jury is still out on whether MACCIH will have a serious impact, but Almagro has staked his reputation on its credibility.
  • He has claimed that the impeachment of Brazilian President Dilma Rousseff lacked sufficient justification and that accusations against her were politically driven. Almagro also called for anticorruption investigations under Operação Lava Jato to continue as essential for the rule of law.
  • Prior to the Peruvian elections, Almagro warned that the disqualification of two candidates reflected unequal application of the law and raised concerns that the contests would be “semi-democratic.” Following a meeting with disqualified frontrunner Julio Gómez, Almagro called for the reinstatement of both candidates’ right to participate in the elections.
  • Perhaps Almagro’s most controversial action has been his attempt to invoke the OAS Democratic Charter against the government of Venezuela, without a finding by the Permanent Council, as required under Article 20 of the Charter, that the situation there amounts to “an unconstitutional alteration of a constitutional regime.” The Permanent Council implicitly rejected his appeal by urging more dialogue between the OAS and Venezuela.  Almagro then sent a strongly worded letter to Venezuelan President Nicolas Maduro accusing him of lying and “betraying his people,” and calling for the release of political prisoners, restoration of legitimate powers to the National Assembly, and a referendum to recall Maduro in 2016. (The Permanent Council is set to discuss the situation in Venezuela again on June 21.)

Almagro has taken on some very difficult issues, and explanations for his motivations are varied but not mutually exclusive.  Some observers perceive a personal embrace of OAS principles, others detect a desire to avoid the sort of U.S. criticism that plagued Insulza and constrained U.S. support and funding, and still others speculate about his future political ambitions as a reformist on the non-radical left of Latin America.  The democratic principles he is defending are clearly enshrined in OAS documents, but his activism has so far not reversed adverse situations: Rousseff was impeached, the Peruvian candidates were forced to sit out the election, and Maduro has yet to soften.  Being an “activist” Secretary General in the case of Venezuela entails great risks; his predecessors were criticized both for getting too directly involved in the country’s internal affairs and for remaining passive in the face of growing authoritarianism in Caracas.  It seems, moreover, as though Almagro has often acted alone, and the tone of his letter to Maduro was uniquely strident.  A great deal is on the line for the OAS.  If Almagro’s activism works, it will enhance the organization’s leadership on a range of issues confronting the hemisphere, but it may also put the OAS in the middle of future conflicts in which failure would bring a loss of institutional credibility. 

June 16, 2016

* Maria Carrasquillo is a recent graduate of the M.A. Program in American University’s School of International Service and a research assistant at the Center for Latin American and Latino Studies.

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Political Upheaval in South America

By Eric Hershberg

MarchaVenezuela

Thousands of protesters in Maracaibo, Venezuela. Photo Credit: Google Images / Creative Commons

2016 is proving to be this century’s most complicated year to date for South American political systems, and the coming months will be critical to assessing how well the region’s democracies can govern amid declining economic conditions and spiraling corruption scandals.  Brazil and Venezuela – two very different systems with very different problems – are suffering the most visible crises.

  • In Venezuela, where the Bolivarian project has descended into an incompetent Putinism in the tropics, is collapsing under the weight of monumental mismanagement of the economy. Many of the ills of the Venezuelan petrostate predate Chavismo, but during a collapse in oil prices President Maduro has doubled-down on profligate economic policies introduced by Hugo Chávez, bringing the country to catastrophe made worse by increasingly draconian repression of loyal and disloyal opposition alike.
  • President Dilma Rousseff’s mismanagement of coalitions in a presidential system predicated on coalition-building has opened the way to political and economic implosion in Brazil.  Contrary to the fervent assertions of important segments of the Workers Party (PT), her impeachment does not precisely constitute a coup, but it may indeed amount to an ill-advised bending of institutional mechanisms by cynical legislators and aggressive judges, egged on by rightist sectors whose commitment to democracy is in fact dubious.  Dilma didn’t invent the corruption and footloose budgetary practices that have been her undoing, but her fall does respond to overwhelming popular rejection of her performance.  Interim President Temer’s appointment of an entirely white male cabinet that includes representatives of some of the country’s most retrograde interests suggests abandonment of many of the most laudable achievements of more than a decade under PT rule – and more backlash as well.

Other institutional crises may be on the horizon.  Ecuadoran President Rafael Correa pursued a high-risk strategy of debt-driven expansion of the state, which is not sustainable amid economic contraction.  Argentine President Mauricio Macri’s honeymoon may prove short-lived.  Much-needed economic reforms are likely to provoke even greater inflation and have already stoked resistance from the Peronist opposition.  Macri enjoys some unprecedented assets – for the first time non-Peronists also control the city and province of Buenos Aires– but Argentine public opinion overwhelmingly favors statist economic policies that he aims to dismantle, and no non-Peronist elected president has completed his term in office since the rise of Peronism as a political force.  Chilean President Michelle Bachelet, wounded by a drop in mineral export revenues and comparatively minor corruption allegations involving her daughter-in-law, reshuffled her cabinet earlier this month but continues to tank in the polls.  Latinobarómetro reports that 70 percent of Chileans believe their political system doesn’t work.

It’s not hard to envision other relatively stable South American democracies facing hard times ahead.  The June 5 presidential runoff in Peru could leave the country deeply polarized, especially if Keiko Fujimori, heiress to the country’s darkest episode in recent history, wins.  It is not a foregone conclusion that Colombian President Juan Manuel Santos, who has staked his second term on a long-awaited and much-needed peace accord, will secure its ratification, risking lameduck status for the remainder of his administration.  If the presidents elsewhere appear to be weathering the storm, democratic governance nonetheless faces important challenges.  It would be rash to predict that democracy will fail the test – and that such failure will give rise to a new era of authoritarian rule – but it’s clear that the region will witness widespread instability during the coming years.

May 26, 2016

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Haiti: Crisis Upon Crisis

By Fulton Armstrong

Haiti OAS

OAS Secretary General Almagro visits Haiti. Photo Credit: OAS / Flickr / Creative Commons

Haiti is stumbling, again, from one crisis into another, but the timing of this ongoing mess puts the United States and other international partners in a particularly bad position.  The country’s political institutions are dysfunctional, without an elected executive nor fully legitimate legislature, and efforts to rebuild them continue to be haphazard.  Under Interim President Jocelerme Privert (formerly leader of the Senate), the government has missed another deadline for resolving disputes over the first round of presidential elections held last October and re-running them or scheduling the second round.  Instead, Privert, who assumed the Presidency in February, on 28 April formed a five-member “verification panel” to take yet another look at allegations of first-round fraud and determine which candidates should participate in the runoff, with a 30-day deadline.  The deadline for Privert to step down passed on 14 May.

  • The move coincides with growing perceptions that Privert is enjoying the perquisites of the job and may be dragging things out on purpose. Both sides to the contested elections – supporters of Jovenel Moïse, former President Martelly’s hand-picked successor, and the opposition party’s Jude Célestin – are mobilizing crowds, some numbering thousands, for almost-daily protests.  Calls for Privert to resign are growing intense as suspicions of his own ambitions and imputed bias for or against one of the candidates surge.  Several dozen gunmen, allegedly directed by an enemy of Privert, shot up a police station in the southern city of Les Cayes earlier this week, resulting in six dead.
  • International reactions to Privert’s delays have been mixed but predictably of frustration.  The former leader of an official OAS mission to Haiti in early April supported the verification process, and OAS Secretary General Almagro said recently that elections “shouldn’t be rushed.”  But U.S. Secretary of State John Kerry last month condemned “this process of delay” and urged Haiti’s “so-called leaders” to act.  His Special Coordinator for Haiti Affairs, veteran diplomat Kenneth Merten, called the new verification process a “black box” and said it was “opaque and non-democratic.”

The political mess coincides with other serious challenges.

  • The World Food Program (WFP) is increasingly concerned about hunger caused by a three-year drought, aggravated by El Niño, and the country’s economic situation. Some 3.6 million Haitians (one third of the population) face “food insecurity,” including 1.5 million who are “severely food insecure.”  A U.S. program to send Haiti surplus peanuts, which is one of Haitian farmers’ most successful crops, has deflated prices and further hurt local food production.
  • Shortages of medical supplies, worsened by corruption, have prompted doctors to conduct strikes. High-profile cases, including the death of a bleeding pregnant woman at the entrance of the Port-au-Prince General Hospital, have led to dramatic demonstrations, on at least one occasion parading around a victim’s corpse.
  • Fear of spread of the Zika virus is rampant. The University of Florida recently confirmed that Zika was present in Haiti before the outbreak in Brazil last year.  (Carried by the same mosquito, Aedes aegypti, it was mistakenly identified as chikungunya, which has almost identical symptoms except microencephaly.)  Haiti’s cholera epidemic, which has killed 9,200 people since 2010, continues to claim about 50 lives a month, according to some estimates.

The usual threats by the United States and Haiti’s other international partners to suspend aid if the government doesn’t resolve the political impasse have been muted presumably because they’re unlikely to be credible while such major threats to Haitian citizens’ wellbeing loom large.  Haiti’s political and economic elites assume that the outsiders will care for the Haitian people and continue bailing the country out while they pursue their internecine struggles.  Former President Martelly, who is not free from blame for the elections impasse, has been in Miami these days to promote his autobiography ($50 a copy) and reestablish himself as a naughty boy Kompa musician.  The international community is, once again, in a lose-lose situation.  A previous caretaker government, headed by Gérard Latortue, lasted two years (2004-2006).  The United States and others can ill afford a deeper humanitarian disaster, so while Haitian elites fiddle, outsiders will try to put out the fires.

May 19, 2016

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Mexico: Deepening Credibility Crisis

By Fulton Armstrong

Buitrago GIEI

Expert Angela Buitrago during the presentation of the initial GIEI report last October. Photo Credit: Comisión Interamericana de Derechos Humanos / Flickr / Creative Commons

Last week’s report on the disappearance of 43 Mexican students from the tiny village of Ayotzinapa left many questions unanswered about events on the bloody night of September 26-27, 2014, but it left no doubts about the depth of the corruption at the local and national level swirling around the youths’ tragic deaths.  The Mexican government – recipient of more than $2 billion in U.S. security assistance in the last eight years – not only produced a bogus report last year, based on tortured and otherwise impugnable sources, to divert attention from the tragedy; it also actively impeded the work of the Interdisciplinary Group of Independent Experts (GIEI), operating under the aegis of the Inter-American Commission on Human Rights, that produced the new report.  GIEI members documented the witness-tampering, obstructionism, and overall lack of cooperation of the administration of President Enrique Peña Nieto.  As the public presentation of the report wrapped up, the massacre victims’ families and supporters – some holding signs demanding to know “¿Dónde están?” – made clear their fear that the government will again sweep the case under the carpet and chanted to the experts, “¡No se vayan!”

Many details of the kidnapping, torture, and execution of the 43 youths, who were studying to be teachers, probably will never be known because much of the evidence has been tainted or destroyed.  The GIEI, however, pieced together a largely verifiable explanation of events in which local police, Federal Police, and the Army went on a bloody rampage after the students commandeered buses, as they had on other occasions with the tolerance of their owners, to transport classmates to a protest the following day.  The authorities tracked the students’ movements, set up roadblocks, systematically terrorized them, and summarily executed those who escaped and tried to tell of the atrocities.  The cover-up started immediately, culminating four months later in a report by the Office of the Attorney General (PGR) – one of Washington’s closest partners in curbing narcotics-related crime and violence – falsely claiming the students were mixed up in struggles among narcotraffickers.  The GIEI demonstrates that there is no way a serious PGR investigation did not know otherwise.

  • International and domestic reaction to the report has been strong, but Peña Nieto’s reaction has been low-key. (He also made headlines last week in proposing the decriminalization of marijuana.)  In several Tweets, the President thanked the GIEI; promised that the PGR will “analyze the complete report to improve its investigation of the tragic events”; and pledged that the PGR “will continue working so that there is justice.”  The U.S. Department of State issued a statement saying that “we trust the Mexican authorities will carefully consider the report’s recommendations.”

Peña Nieto cannot escape personal responsibility for the scandalous cover-up and obstructionism – he promised a full accounting long ago – but the GIEI report indicts much more than the presidency.  From the rural police and Army officers on the scene to the highest levels of law enforcement and the military command in Mexico City, the violence against the students has been neither admitted, condemned, nor punished, reinforcing Mexico’s longstanding culture of impunity.  The PGR’s report was tainted by deliberate falsehoods as well as the vicious forms of torture employed to exact false testimony from “witnesses.”  (Other torture stories, including an incident in which the Minister of Defense apologized for Army and Police torture of a woman in prison, are increasing in frequency.)  The U.S. Department of State’s human rights report, released two weeks ago, criticizes Mexico for its “impunity for human rights abuses,” but Washington also needs to ask whether the $2.1 billion of “Mérida Initiative” assistance it has provided to “help Mexico train and equip its law enforcement agencies, promote a culture of lawfulness, [and] implement key justice reforms” has been a good investment.  The U.S. Senate has finally confirmed the new U.S. Ambassador to Mexico, one of the architects of State Department’s implementation of the Mérida Initiative, and it stands to reason that she will demand some accountability.

May 2, 2016

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Structural Reforms in Chile: Moving Forward in Midst of Political Crisis

By Claudia Heiss*

Bachelet Chile

Photo Credit: Chile Ayuda a Chile / Flickr / Creative Commons

Chilean President Michelle Bachelet has done well pushing her reform agenda despite a series of scandals regarding the illegal financing of political campaigns and abuse of power by her daughter-in-law.  Bachelet started with 58 percent support and the highest electoral margin of victory since Chile’s return to democracy in 1990.  Her New Majority coalition incorporated the Communist Party and replaced the Concertación, the center-left coalition defeated in 2010 at the end of her first period, and after 20 years in power.  Bachelet’s current program reflected a left-turn and an intention to correct perceived flaws of a transition criticized for assuming too many features of the model imposed by the dictatorship.  The program included a tax plan to finance education reform introducing free university in a commoditized market of superior education.  This project was the offspring of massive student protests in 2011.  Another proposal was to replace the dictatorship-era 1980 Constitution through an “institutional, democratic, and participatory” process.

The scandals have hurt Bachelet’s popularity – she ended her first term in 2010 with 80 percent support and is now at historical lows below 30 percent – undermined the legitimacy of the political parties and Congress, and prompted a surge of social mobilizations.  (Slower economic growth, owing to the low price of copper, has contributed to the government’s unpopularity.)  But the President has scored some big wins.  In addition to the tax and education reforms she sought, the government has achieved important advances in the direction of its political program:

  • In 2015, a proportional system replaced the Binomial electoral system, which severely distorted popular will in the election of representatives and granted veto power in Congress to the political heirs of the dictatorship.
  • The campaign finance scandals led to the recent approval of a “Probity Agenda,” including higher transparency, forbidding corporate donations to political campaigns, and establishing a new law to regulate political parties.
  • A bill to make the main regional authority, the Intendente, elective rather than appointed by the President – a major step toward decentralization – has passed the Senate.
  • The decriminalization of therapeutic abortion, currently punished in only five countries, was approved by the Chamber of Deputies.
  • Congress is in the final steps of approving a labor reform meant to increase the negotiating power of workers towards their employers.
  • A complex constitutional reform process was launched last year, and this month the government selected 216 “facilitators” to assist the process and initiated a series of local meetings to discuss constitutional principles, rights, duties, and institutions. The process, the first of its kind ever in Chile, will lead to a presidential proposal to be presented to Congress.

The road ahead will not be easy for President Bachelet and her allies.  The political climate is pessimistic, and China’s economic troubles suggest the commodity bubble is over – to the detriment of the Chilean economy.  While rejected by conservatives, the changes appear as insufficient to those who want more radical reforms.  The labor bill has been criticized by union leaders as not allowing enough collective bargaining, and the proposal for constitutional change falls short of a binding participatory process like a Constituent Assembly or a referendum would be.  Bachelet, however, has deftly channeled anger about the scandals into the constructive reforms of the Probity Agenda, and she changed the perception of what is achievable in Chile in terms of progressive political and social transformations.  While public opinion is currently harsh with the government and with political elites, her second term, which ends in 2018, could in the long run consolidate her legacy as an effective reformer even in the face of adversity.

April 14, 2016

*Claudia Heiss is Assistant Professor at Universidad de Chile’s Instituto de Asuntos Públicos and researcher at the Centre for Social Conflict and Cohesion Studies, COES.

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The Panama Papers: Damning Evidence Against Latin American Elites?

By Emma Fawcett* and Fulton Armstrong

Panama Papers

Photo Credit: Pixabay / CC0 Public Domain

The “Panama Papers” have revealed the reputed secret accounts and tax-evasion strategies of a number of Latin American leaders, but preexisting widespread perceptions that political and economic elites are corrupt may reduce the immediate shock value of the revelations.  More than 11 million documents leaked from the Panama-based law firm Mossack Fonseca – given an initial review by the Süddeutsche Zeitung and International Consortium of Investigative Journalists (ICIJ) – provide evidence of 215,000 arrangements by which 14,153 powerful and wealthy clients from around the world hid their money from the prying eyes of the media, tax collectors, and public-accountability experts.  Early reports already indicate Latin Americans – small-time players compared to the Russians and some Europeans – are among those mentioned.

  • The Petrobras scandal that has paralyzed Brazil will find further fuel in these files. Investigators in Operation Car Wash apparently had no knowledge of many accounts held by Petrobras officials.  A secret company linked to House Speaker Eduardo Cunha, who’s leading the charge to impeach President Rousseff, reportedly figures prominently.
  • Argentine President Macri, his father, and brother reportedly had an offshore company for 10 years. They closed it in 2009, two years into Macri’s term as Buenos Aires mayor, but he did not report it.  The government says he was only “circumstantially” the CEO.
  • The president of the Chilean branch of Transparency International, Gonzalo Delaveau, resigned because he was linked to at least five offshore companies.
  • Mexican President Peña Nieto’s association with tycoon-contractor Juan Armando Hinojosa, who reportedly had a massive array of shelters worth US$100 million, is once again a liability. The President was dragged through the mud – and eventually exonerated of personal involvement – over a mansion that Hinojosa allegedly gave to his wife.  The Mexican government is investigating several dozen others named in the documents.
  • Many other cases are in the wings. Pedro Delgado (former governor of Ecuadorian Central Bank and cousin of President Correa); financial backers of Peruvian Presidential candidate Keiko Fujimori; and an array of former central bank and intelligence officials – Peruvians, Venezuelans, Panamanians, and others – are all being looked at.  In El Salvador, the Attorney General, already criticized for his investigative zeal, has raided Mossack Fonseca’s offices, suggesting more revelations to come.

Allegations of tax evasion, hidden income, and other forms of corruption are a mainstay of Latin American political life – and the Panama revelations will only aggravate the oft-held opinion that rich, powerful people play by their own rules to maintain wealth and power.  Ramón Fonseca, one of the founders of the law firm, claims that the publicity is part of “an international campaign against privacy,” which he called “a sacred human right [and] there are people in the world who do not understand that.”  The backlash against someone like Argentine President Macri may not be too great, especially because his family ended the tax haven years ago.  But what makes the allegations potentially disruptive is the number of people implicated – across public and private sectors – in so many countries, in an investigation that has only just begun.  Further revelations are sure to come and, although themselves a sign of transparency, challenge people’s faith that leaders will come clean.  The revelations will fuel popular cynicism and discontent in the short term, but renewed demands for transparency may eventually help rekindle popular confidence in government.

April 11, 2016

*Emma Fawcett is a PhD candidate in International Relations at American University.   Her doctoral thesis focuses on the political economy of tourism and development in four Caribbean case studies: Haiti, Dominican Republic, Cuba, and the Mexican Caribbean.

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by clalsstaff on April 11, 2016  •  Permalink
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Posted by clalsstaff on April 11, 2016

https://aulablog.net/2016/04/11/the-panama-papers-damning-evidence-against-latin-american-elites/

Brazil: Daring to Look at Succession Scenarios

By Silvio Levcovitz*

Lava Jato

Photo Credits: Instituto Liberal (Brasil) and Brasil 247 / Google Images / Labeled for noncommercial reuse

Brazil’s snowballing scandals are generating a high level of uncertainty regarding the country’s political future.  “Operation Car Wash”—a two-year investigation by a task force of the Federal Police and the Federal Prosecutors—has already led to the conviction and 20-year imprisonment of several senior officials from Petrobras and prominent construction companies, and others are likely to follow.  In Brazil, congressmen, cabinet ministers, and the President can be criminally charged only by the Supreme Court, through a long, difficult process called “privileged forum.”  On March 17, former President Lula, under investigation for allegedly receiving two properties as a bribe from construction companies, was designated a Minister of State in President Dilma Rousseff’s administration, an appointment that would have afforded him that protection.  The judge pursuing him released a recording of a call from Dilma offering him immunity as well as Lula’s calls on family and other private matters.  Many in the Brazilian legal community have disapproved of the judge’s disclosure of the calls as disrespecting the rule of law and the right to privacy, but the damage to Dilma and Lula was done.

Calls for the President’s impeachment are surging—and she repeatedly rejects the pressure to resign.  On Sunday, March 13, a half-million people protested in São Paulo, and the press estimates that another 1-2 million demonstrated elsewhere around the country.  (Demonstrations supporting Dilma have attracted 100,000 citizens in São Paulo.)  The PMDB, party of Vice-President Michel Temer and President of the House Eduardo Cunha, is officially quitting the government this week, and other minor parties appear likely to do the same, definitely cracking the presidential support.  The impeachment process in Brazil has two steps.  In the House, two-thirds of its 513 members (342 votes) are required for “admission” or approval, in which case the Senate can decide by majority vote to take up the charges, resulting in the President being suspended for up to 180 days.  Conviction requires the votes of two thirds of the 81 senators.  Although press reports indicate the mood is for the impeachment, the government is offering positions and funds individually to Congressmen and in hopes of achieving a low turnout to stop the process in the House.

Predicting the outcome of such a volatile situation is inherently risky, but discussion of post-Dilma scenarios is growing increasingly common.  Should she step down or be removed from office, Vice-President Michel Temer would be her constitutional successor.  Like Dilma, however, Temer is being charged by the Superior Electoral Court on suspicion of illegal campaign financing and, if convicted, would not be allowed to take office.  The next two in line to succeed her—President of the House Eduardo Cunha and President of the Senate Renan Calheiros—have been snagged by Operation Car Wash and face charges by the Supreme Court, suggesting that they too could be disqualified.  (The Federal Attorney General has already asked the Supreme Court to issue a preventive order to remove Cunha because of evidence that he has received US$5 million in secret Swiss bank accounts, without any justification.)  That leaves Supreme Court President Ricardo Lewandowski as a possible successor for a maximum period of 90 days, at which point elections would be called.  As Brazil faces crisis after crisis, the press have taken to commenting that the country’s fast-paced, dramatic events make the American series House of Cards look slow and boring. 

March 30, 2016

* Silvio Levcovitz is a CLALS Fellow and political science PhD candidate at the Universidade Estadual de Campinas, São Paulo.  He has been a public lawyer in Brazil and is researching criminal cases of corruption and civil claims of administrative misconduct from 1991 to 2014.

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by clalsstaff on March 30, 2016  •  Permalink
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Posted by clalsstaff on March 30, 2016

https://aulablog.net/2016/03/30/brazil-daring-to-look-at-succession-scenarios/

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