Latin American Integration: No New Ideas

By Carlos Malamud*

Heads of state stand for a picture at the 14th ALBA Summit held in Caracas in 2017

Heads of state at the 14th ALBA Summit held in Caracas in 2017/ EneasMx/ Wikimedia Commons

Several proposals claiming to promote regional integration in Latin America, particularly South America, have received attention in recent months, but proponents’ continued reliance on the same political-ideological alignments as always leaves little hope of bridging the deep splits in the region. Coming in the wake of completion of the EU-Mercosur trade agreement, after arduous and complicated negotiations, the proposals appeared to be good news. But that has not been the case.

  • The new push follows the creation of PROSUR by right-leaning governments in March and, more recently, efforts to relaunch UNASUR by left-leaning groups such as the Grupo de Puebla (Progresivamente) – each claiming commitment to unify the region behind their political visions. Two of the main advocates, Chilean President Sebastián Piñera on the right and Argentine Presidential Candidate Alberto Fernández on the left, have taken the easy path of convoking like-minded supporters while rejecting opponents.
  • These groups appear to have learned nothing from the first decade of the 21st century, when Venezuelan President Hugo Chávez pushed his Bolivarian project. The three efforts emblematic of the period – ALBA, CELAC, and UNASUR – all eventually failed. The rise of neoliberal governments in various countries since then has produced an even more complex situation. The new governments have continued emphasizing ideological conformity, reducing prospects for unity. Last December, a “Conservative Summit of the Americas” inspired by Brazilian President Jair Bolsonaro and his son met in Foz de Iguazú to rally the most extreme elements of the region’s right, conditioning participation on total agreement with its tenets.

There are exceptions.  The Pacific Alliance – a trade accord launched by Chile, Colombia, Peru, and Mexico eight years ago – has remained inclusive despite changes of government in each country. MERCOSUR, with its solid foundation and intense commercial exchanges, has also resisted ideological temptation in its way, although dismissive insults between President Bolsonaro and Argentine candidate Fernández do not bode well (even if both know that they need each other in the long run). But the fear is that extreme ideologies will, once again, trump national interests.

The intense electoral cycle of the past three years, and the pending elections in Argentina, Bolivia, and Uruguay, further complicate the situation. As the “turn to the right” has not turned out as predicted, the results of these three races this month will make regional relations even more unstable. The lack of a new vision for promoting Latin American regional integration is aggravated by the growing sense among both extremes of the political spectrum that they have to dig trenches.

  • The need for a new vision is obvious as the growing attacks on multilateralism and the escalation of the U.S.-China trade war are going to force practically all international actors to take sides. Latin America will suffer potentially grave consequences if its governments and political leaders don’t grasp that inclusion, not exclusion, is the only way to advance unity and integration. Acceptance of differences, dialogue, and negotiation are what’s needed now, as is a creative imagination that can accept reality as it is, with all its problems and imbalances. The question is whether the existing leaders will be able to overcome this sad state of affairs.

October 1, 2019

*Carlos Malamud is Senior Analyst for Latin America at the Elcano Royal Institute, and Professor of Latin American History at the Universidad Nacional de Educación a Distancia (UNED), Madrid. A version of this article originally was published in the Elcano Blog.

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.

Guatemala: Mortal Doubt and Transnational Gangs

By Anthony W. Fontes*

Family members of slain gang member at his gravesite

Family members of slain gang member at his gravesite (Guatemala, 2005) / Wikimedia Commons / Creative Commons

Central America’s maras, or transnational gangs, are symptoms of societies suffering from legacies of Cold War-fueled atrocities and authoritarian rule, misguided law enforcement policies, and long-term entanglement with U.S. culture and foreign policy. Feuds between Mara Salvatrucha and Barrio18, the region’s most powerful gangs, have helped make the Northern Triangle (Guatemala, Honduras, and El Salvador) the deadliest non-combat zone in the world. My fieldwork in prisons, police precincts, and urban slums in Guatemala City and other cities since 2010 for Mortal Doubt: Transnational Gangs and Social Order in Guatemala City has mapped their dystopian evolution. The gangs are not the problem, and the problem does not begin or end with them. But they are important symbolic figures for societies struggling with out-of-control insecurity that have obscured the complex structural factors driving the countries’ extreme peacetime violence.

When they first took root in Central America in the 1990s, the maras were little more than disorganized groups of kids imitating Latino gangs in Los Angeles, vying for turf in cities struggling to recover from decades of authoritarian rule and extreme inequality. Over the years, they became brutal organizations engaged in extortion, contract killings, and the drug trade.

  • The gangs’ evolution was driven by histories of mass incarceration in both the United States and Central America, making them a symptom of these societies’ predilection to punish. In Guatemala, through the early 2000s, the gangs fought to survive behind bars against cadres of ex-military officers, the most powerful of which was led by Byron Lima, a U.S.-trained special forces Army captain convicted of a 1998 assassination of a Catholic bishop who had catalogued military human rights abuses in the Guatemalan armed conflict. The violence and deprivations of prison life, alongside the unprecedented coordination between gang leaders that being locked up together made possible, drove the gangs to become far more brutal and organized in their street operations.
  • Mara extortion rackets, among the most feared and despised criminal enterprises, are also emblematic of the symbiotic relationships between the state, law-abiding society, and the underworld in Guatemala. While maras are responsible for much of the extortion, they have in fact become a mask and a model for others profiting from it. Bus companies, private security corporations, corrupt police, and even Guatemala’s biggest banks play key roles in the extortion commodity chain.

Perhaps the most painful truth about the maras is that their rank and file are very young – primarily 10-18 years old – and the average age of recruitment is dropping. Youths are killing each other. A young man named Andy had killed and tortured for MS-13 since he was eight, when the gang adopted him after liquidating his family, who were members of a rival gang. In interviews, Andy struggled to make sense of the violence of which he was both victim and perpetrator by seamlessly folding fantasy and reality – swinging between made-in-Hollywood montages, mara myths circulated in newspapers, and actual acts of murder and torture. MS-13 found and executed Andy, who was in a witness protection program, less than six weeks after his last interview. Very real suffering is powerfully intertwined with bloody fantasy, and the dichotomies dividing innocent from guilty, good from evil, are often false. These are key lessons for understanding the maras and for effectively confronting the crisis of criminal violence in Central America that they have come to represent in such spectacular fashion.

May 23, 2019

* Anthony W. Fontes teaches international studies at American University. Mortal Doubt: Transnational Gangs and Social Order in Guatemala City was published by University of California Press. The book was winner of the William M. LeoGrande Award for the best scholarly book or article on Latin American or Latino Studies published by a member of the American University community in 2017–2018.

Central America: Evolution of Economic Elites

By Alexander Segovia*

 

El Salvador landscape

El Salvador landscape / Google Images / Creative Commons

The elites of Central America – traditionally organized in national business groups with strong family ties – have lost power and allowed certain reforms to advance over the past 30 years, but the full impact of this historic shift has been blunted by the lack of broad, inclusive national debates and the growing role of regional economic powers. Until the 1980’s, the powerful interests of the traditional agricultural export economy dominated for more than a century, with enormous influence by virtue of their control over property and every facet of the production, processing, and domestic and foreign marketing of their products.

  • For these traditional elites, the state was to be used for their own benefit. Their decisive influence continued even as economies changed and exports diversified somewhat after World War II. It survived the growth of cities, the emergence of new players in industry, the growth of organized labor, and the expansion of government bureaucracies. Elites obstructed changes that threatened their interests and parried others into minor tweaks of the essentially agro-export model that they dominated. They preserved many inequities in social and economic systems, slowed diversification, and protected governments that were weak, corrupt, disorganized, and often authoritarian, repressive, and undemocratic.

Since the late 1980’s, according to my research, the agro-export model that enabled elites to have such power has changed significantly – facilitating the emergence of new economic models (albeit with different manifestations in each country) and eroding the old elites’ grip on society. The change was driven by the armed conflicts, political and social crises, emigration, and the flow of remittances. Neoliberal economic reforms, including liberalization, deregulation, privatization, and opening to foreign investment, had an impact within the context of the broader capitalist globalization gaining momentum during the period.

  • Although not always with alacrity, elites had to accept the advent of new spaces and patterns in which other actors were able to accumulate wealth and power. Tourism, telecommunications, banking, and other service sectors gave rise to new voices, as did the development in some countries of non-traditional exports. New entrepreneurs brought in new foreign actors, including many from neighboring countries and the rest of Latin America. Powerful transnational economic groups (known by the Spanish acronym GETs), with strong family ties, began to operate across borders – creating both new opportunities and new challenges. The GETs have already flexed their enormous influence over public policies. As a result, the traditional elites gradually have found themselves forced to function within a matrix of national and regional power, with new dynamics, over which their grip had been broken or at least significantly weakened.

National elites such as El Salvador’s have broken with the old stereotype of selfish economic interests united around an extreme right wing ideology – being more heterogeneous today in composition and perspectives than ever before – but deeper, lasting change is going to take time and effort. An inclusive national dialogue in each country to build agreement on the broad outlines of a political project to address how to effect national transformation and modernization would be the best way of reassuring all sides that their voices count, but unfortunately no country is holding one. Generational change – characterized in part by younger family members’ constant connectivity with peers outside strictly national circles – could also be a factor.

  • The increased activism of the GETs may explain why breaking the grip of the nation-based traditional elites has not led to deeper and broader change – essentially swapping one elite’s manipulation of government for another’s. The GETs have important, and sometimes decisive, influence over public policies not just in their home countries, but beyond. The future of reform therefore would appear to depend on the willingness of regional elites to pursue them. Several initiatives, including one undertaken by the Instituto Centroamericano de Investigaciones para el Desarrollo y Cambio Social (INCIDE), of which I am President, aim to promote a constructive dialogue between society and the GETs. Progress hasn’t been easy or quick, but we have proven that change is indeed possible.

March 21, 2019

*Alexander Segovia is a Salvadorean economist and President of the Instituto Centroamericano de Investigaciones para el Desarrollo y el Cambio Social.  He was Technical Secretary of the Presidency of El Salvador (2009-2014). This article is adapted from his recent book, Economía y Poder: Recomposición de las Élites Económicas Salvadoreñas.

U.S. Immigration: Call for Wall Ignores Changing Migrant Profile

by Dennis Stinchcomb

Graph of southwest border apprehensions, FY 2012-2019

Southwest border apprehensions, FY 2012-2019 / Note: FY 2019 data is through November 2018. Figures may not total 100% due to rounding. / Data source: U.S. Customs and Border Protection

As a record number of Central American families and unaccompanied children flock to the U.S.-Mexico border, the Trump administration’s demand for a $5.7 billion wall ignores changing migrant demographics and leaves largely unaddressed an asylum system buckling under unprecedented strain.  While undocumented immigration at the U.S.-Mexico border remains at historic lows, over 48,000 individuals comprising family units (parents traveling with children) were apprehended at the U.S. southwest border between October and November 2018 – a 308 percent increase over the same two months in 2017.  Such a staggering rise comes on the heels of what was already a record-setting year.  Between October 2017 and September 2018, border officials tallied the highest level of family crossings on record; the over 107,000 individuals detained by border officials dwarfed the roughly 40,000 apprehensions of unaccompanied children that prompted the Obama administration to declare a “crisis” in summer 2014.

A closer look at recent immigration trends underscores changing realities at the border:

  • Central American families and children represent an ever-growing share of migrants. Because overall undocumented immigration at the border has dropped and families and children have surged, the latter now account for 40 percent of all unauthorized migrants apprehended, up from 10 percent in 2012.  (Prior to 2012, family apprehensions were not publicly reported.)
  • Guatemalans now account for over half of all Central American family and child migrants. Though Guatemala is more populous than neighboring El Salvador and Honduras, proportional disparities in migrant flows from the three Northern Triangle countries have widened in recent years.  Guatemalan families apprehended at the border doubled between 2017 and 2018, and the number of unaccompanied Guatemalan minors increased by over 50 percent.  An increasing share of these migrants are coming from indigenous communities where poverty and malnutrition are rampant, so border officials face compounding challenges including linguistic barriers and health needs – factors that may have contributed to the recent deaths of two Guatemalan children while in Border Patrol custody.
  • Family and child migration from El Salvador has plummeted to its lowest level since 2013. The abrupt decline in Salvadoran migration to the United States has led many experts to point to the chilling effects of the Trump administration’s decision to terminate Temporary Protected Status (TPS) for nearly 200,000 Salvadorans currently residing in the U.S.  The “Trump effect” following his early 2017 executive orders, however, was short-lived, and other events, such as possible controversy over elections next month, could renew migratory pressures and further exacerbate conditions at the border.
  • The dramatic increase in migrant flows from Central America has fueled an historic surge in asylum claims. At the border, credible-fear claims – the preliminary step in soliciting asylum – continue to climb precipitously, up from 9,000 in 2010 to 79,000 in 2017.

The U.S. Government’s proposed solutions to the burgeoning humanitarian crisis do not reflect the evolving profile of migrants at the U.S.-Mexico border.  President Trump’s border wall – a hallmark promise of his 2016 campaign – appears aimed at the familiar Mexican adult migrant of the early 2000s or the mythical “bad hombre” spawned by his own nativist tendencies.  His Administration’s recent attempts to deter migrants or bar their access to asylum, either by separating families or rolling back protections for victims of domestic violence, have not stemmed the flood of arrivals.  A new “caravan” of migrants is set to depart Honduras this week.  Nor will a wall extinguish migrants’ legal right to request asylum.  The President’s most recent budget request for modest funds for hiring immigration judges and providing border infrastructure to support “vulnerable populations” is being held up by the political impasse in Washington over his greatly disproportionate spending on a wall, Border Patrol agents, and detention facilities.  Compromise between the President and Congressional Democrats remains elusive three weeks into a confrontation that has shut down much of the U.S. Government.  While Democrats have expressed willingness to beef up border security in exchange for a significant immigration win, such as legalization of the Dreamers or renewal of TPS, anything short of meaningful reform to the U.S. asylum system will do little to resolve the backup at the border.

Jan 15, 2019

Nicaragua: Ortega’s Pyrrhic Victory

By Kenneth M. Coleman

Daniel Ortega and Rosario Murillo

Nicaraguan President Daniel Ortega and Vice President Rosario Murillo. / Twitter: El Nuevo Diario

The government of Nicaraguan President Daniel Ortega and Vice President (and First Lady) Rosario Murillo has continued to persecute its opposition since crushing massive protests in April, which were stilled only at a cost of somewhere between 325 and 535 lives lost, 600 political prisoners, 1,500 wounded, and 40,000 Nicaraguans seeking refuge in Costa Rica.  Paolo Abrão, Executive Secretary of the Inter-American Commission on Human Rights, has characterized Nicaragua as effectively a “police state,” while Luis Almagro, Secretary General of the OAS, has denounced torture by the Nicaraguan government.  Deploying massive force by the Policia Nacional and by hooded shock troops (often retired military and police), Ortega and Murillo “have won” in the sense that they have ended street protests.  In the past month, they have undertaken a systematic effort to silence the remaining voices of dissent.

  • The Catholic Church has been under duress since its effort to mediate a national dialogue collapsed in June. On December 3, Ortega launched the most recent in a series of verbal attacks on the Church, accusing it of being in league with golpistas (coup plotters).  Two days later, a young Russian woman living in Nicaragua – possibly energized by Ortega’s rhetoric – entered the Cathedral of Managua and threw acid on Monsignor Mario Guevara, while he was receiving confessions.  Guevara remains in grave condition.
  • Independent media are constantly under attack. The government has taken down 100% Noticias, an independent station, from the satellite and other distribution networks; has physically attacked and issued death threats to personnel associated with various media outlets; and, on December 14, raided the offices of prize-winning electronic medium, Confidencial, and associated television programs, Esta Noche and Esta Semana.  The Inter American Press Association and Reporters Without Borders, whose investigators in mid-August issued a condemnation of government harassment of independent media, have denounced the recent media harassment as well.
  • Earlier this month, the National Assembly summarily withdrew the legal registrations of nine non-governmental organizations, including the Nicaraguan Center for Human Rights (CENIDH) and the Institute for Development and Democracy (IPADE). The latter is led by a former Sandinista comandante who was a member of the Front’s original nine-person revolutionary directorate.

Ortega and Murillo’s escalation of pressure on opponents across the board seeks to consolidate their control and create the image of stability that they wish to create.  The business community, which coexisted with them for much of the past 11 years, sided with protesters in April and shows no obvious signs of seeking a rapprochement.  Its leaders are clearly of the view that the national dialogue must be resumed to avoid crippling economic sanctions to an economy that has already contracted four percent this year and promises to contract even more dramatically in 2019 without a change of course.

  • These developments are sure to accelerate a downward spiral in Nicaragua’s relations with the Office of the High Commissioner for Human Rights of the United Nations, the Inter-American Commission on Human Rights, and the U.S. government. Under the Magnitsky Act, Washington has already prohibited six individuals, including Murillo, from holding accounts in or doing transactions with U.S. financial institutions.  More sanctions are coming, as the U.S. House and Senate have approved, and President Trump is expected to sign soon, the Nicaraguan Conditionality Investment Act, which will require U.S. representatives to multilateral institutions to vote against most loans to Nicaragua until the Secretary of State attests that substantial measures have been made to restore democracy, allow free elections, protect freedom of speech and assembly, and address corruption.  The Nicaraguan government’s behavior thus far suggest that such actions and a corresponding attestation are an extremely unlikely, if not impossible, scenario.

December 20, 2018

* Kenneth M. Coleman is a political scientist at the Association of American Universities.  The views expressed herein are his own, not of the Association of American Universities.

Guatemala: Is CICIG Dead?

By Ricardo Barrientos*

Iván Velásquez and Jimmy Morales

CICIG Commissioner Iván Velásquez (left) and Guatemalan President Jimmy Morales (right). / República / Creative Commons

Guatemalan President Jimmy Morales and his political allies – the group of government officials, congressmen, judges, mayors, and entrepreneurs whom opponents call the Pacto de Corruptos that support his efforts to shut down corruption investigations by the Comisión Internacional Contra la Impunidad en Guatemala (CICIG) – may be winning the current battle, but the war is not yet over.  Undoubtedly, the government has achieved some hits, trumpeted by Morales in speeches and in the victory celebrations of the newly elected Congress Directive Board that supports him.  CICIG’s opponents have:

  • Prevented CICIG Commissioner, Iván Velásquez, from entering the country, even after the Constitutional Court and Attorney General, Consuelo Porras, explicitly stated that he is free to enter whenever he wants.
  • Lobbied in Washington to gain U.S. support for Morales, exploiting access and friendships with U.S. Vice President Pence and other officials close to President Trump such as UN Ambassador Nikki Haley and U.S. Senator Marco Rubio. They have used the “Bidkov affair” – involving a prosecution instigated by CICIG and the Attorney General’s investigation into the purchase of false Guatemalan identity documents by a Russian family opposed to President Putin – to feed opposition to CICIG.  (Rubio accused CICIG of doing the Russian president’s dirty work.)  Morales and his backers have also used the decision to move the Guatemalan embassy from Tel Aviv to Jerusalem and other unrelated actions to punch important buttons within the Trump administration.
  • Achieved some progress in swaying Guatemalan public opinion through an anti-CICIG social media campaign aimed at stimulating nationalistic feelings and fueling the view that CICIG Commissioner Velásquez, a foreigner, went too far. They have even raised old Cold War flags, saying that Velásquez is a Communist and that the fight against corruption is a question of “red ideology.”
  • Consolidated their control over the Guatemalan Congress, securing enough votes to reject initiatives that would remove Morales’s immunity and allow investigations against him to proceed.
  • Further strengthened opposition to CICIG among factions of the private sector.

A more careful analysis, however, reveals cracks in Morales’s victory chariot.  He and some of his ministers are not only in grave danger of being charged with disobeying the Constitutional Court ruling; the Attorney General and CICIG have continued their work, albeit with a much lower media profile, and are producing results.  U.S. support for Morales’s efforts to destroy CICIG may diminish after Democrats take over the U.S. House of Representatives and begin scrutinizing his “impressive” claims about deporting ISIS terrorists from Guatemala and seizing drug shipments.  The U.S. Congress may now uncover an ugly truth: drug trafficking and migrant flows are increasing.

  • More importantly, Morales and his Pacto do not yet appear ready for elections scheduled for June-August 2019. (The new government will take office in January 2020.)  They are floating proposals for a constitutional amendment to allow for a presidential reelection, which would ensure them continued immunity, and to dissolve the Constitutional Court, or to make it a crime to criticize members of Congress.  Measures like these take a lot of time and energy.

The ferocity of Morales’s attacks against CICIG may not be fueled by confidence of victory but rather by a deep and desperate fear of justice after January 2020 – a basic survival instinct of people who know they have crossed a line.  The final outcome of all this will be, as it should, in the hand of voters.  The real issue for Guatemala might not be the fight between Jimmy Morales and CICIG, but rather between the Pacto and the huge number of voters beyond their grasp who are sick and tired of the corruption and impunity.  U.S. policy toward Guatemala has shifted from supporting CICIG and its efforts to investigate corruption and build Guatemalan institutions committed to the rule of law, to turning a blind eye in thanks for an apparently compliant ally and for completely unrelated reasons, such as the location of the embassy in Israel.  While Washington applauds the government’s (still unfulfilled) promises to stanch the northbound flow of migrants, it allows one of the biggest causes of migration – corruption and impunity at all levels of society – to continue unabated.

November 21, 2018

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

U.S.-Central America-Mexico: Migrant Caravan Shaking up Relations

By Fulton Armstrong

Honduran migrants meet with Mexican police in Chiapas

Honduran migrants meet with Mexican police in Chiapas. / Pedro Pardo / AFP Photo / Creative Commons

The underlying drivers of Central American migration remain the same as always – the lack of economic opportunity and strong institutions to protect citizens from violence and other threats – but the Trump administration’s accusations and threats in reaction to the caravan of migrants heading toward the United States is moving relations into uncharted territory, just two weeks after the parties congratulated themselves for progress made at a summit in Washington.

  • Honduran, Guatemalan, and now Mexican authorities have been unable to stop the peaceful caravan of 5,000-7,000 people without violating their rights and causing ugly incidents with high political costs at home. After shows of force, Guatemalan and Mexican border guards allowed them to pass, and local businesses and churches have spontaneously provided food, water, and shelter in each town.  Mexico originally said it would allow only those with current passports and identification to apply for refugee status, but, citing obligations under international agreements and national law, relented.  The migrants are now in Chiapas.

At a meeting with U.S. Vice President Pence and Secretary of State Pompeo on October 11, leaders from Central America’s three “Northern Triangle” countries – Honduran President Hernández, Guatemalan President Morales, and Salvadoran Vice President Ortiz – and Mexican Foreign Minister Videgaray trumpeted the progress that they had made in slowing the flow of migrants from the region to the United States since launching the Alianza para la Prosperidad in 2014.  CLALS research, other studies, and many press reports show, however, that the underlying drivers of migration remain essentially unchanged.

  • The Alianza may eventually foment economic growth and jobs, but multidimensional poverty and high underemployment continue to drive many to flee their homeland. An analysis by the Instituto Centroamericano de Estudios Fiscales (ICEFI) shows that about 6.2 million children, adolescents, and young adults in the Northern Triangle lack access to an educational system.  Homicide rates have declined, but the region remains one of the most violent in the world.  UN estimates show a steady increase in the number of gang members in all three countries, up to 20,000 each in El Salvador and Guatemala.  The gangs often fill voids left by government institutions that are underfunded and, often, weakened by corrupt officials’ embezzlement.  While violence has long been a driver of migration from urban areas, it is now causing new patterns of migration from rural areas as well.  Domestic violence and abuse, which UN data indicate affects up to 40 percent of girls and 16 percent of boys, is another problem some parents want children to escape.
  • President Trump has not acknowledged these drivers, and instead has portrayed the migrants in the caravan as an “onslaught” of criminals. (He also claimed that “unknown Middle Easterners” are among them but later admitted “there’s no proof of anything.”)  He apparently calculates that stirring up fear helps his allies in the U.S. Congress as midterm elections approach, as well as his campaign for a new wall on the U.S.-Mexico border.  He has threatened the Northern Triangle governments and Mexico for not stopping the migrants, tweeting Monday that he will “now begin cutting off, or substantially reducing, the massive foreign aid routinely given to [them]” because “they did nothing for us. Nothing.”  Mexican officials, relieved that the confrontation over the NAFTA renegotiation was resolved, now fear another major disruption in bilateral relations.

The migrant caravan is testing the administration’s relations with its closest allies in Central America.  Trump’s jettisoning of the nice talk from Pence’s recent summit will not in itself harm ties; the Central Americans and Mexicans are aware of his impulsive streak and may calculate that they can weather the windstorm.  His accusations and threats to suspend aid, however, reveal a fundamental misunderstanding of the underlying drivers of the migration, and he seems unaware that his partners have been unwilling to undertake the political and economic reforms needed to address those drivers except in minor ways that U.S. aid enables.  Trump apparently thinks his partners should use force – even the military if needed (as he’s threatened on the U.S. border) – to stop the flight of humans from the miserable conditions in which they live.  He also apparently judges that the more migrants are made to suffer, such as through the separation of family members who manage to cross the border, the less likely they are to try.  The caravan’s provocations and Trump’s reactions could blow up the game that has allowed both sides to pretend the problem will go away with token programs, intimidation, and a wall.

October 24, 2018

U.S. Immigration: Lacking Lawyers, Newcomers Join the Undocumented

By Dennis Stinchcomb

Immigration court backlog

Pending cases from the Northern Triangle in U.S. immigration courts. These cases now account for over 53% of the total backlog. / Note: FY 2018 data is through July 31. / Data source: TRAC, “Immigration Court Backlog Tool,” http://trac.syr.edu/phptools/immigration/court_backlog/.

As Central Americans swell the backlog of cases in U.S. immigration courts, the tens of thousands of them who do not have lawyers are joining the ranks of the country’s undocumented population.

  • The immigration court system lacks the resources to keep pace with the influx of unaccompanied children and families from the “Northern Triangle” countries of El Salvador, Guatemala, and Honduras. The backlog of cases has more than doubled since 2013 – from 350,000 to over 764,000 as of August – with cases involving people from these three countries now accounting for more than half of them.  The wait for a hearing is now several years, and pro bono or low-cost attorneys are overburdened.
  • Many thousands of other newcomers – lacking information and the ability to overcome linguistic and cultural barriers and fear – are not looking for legal assistance, and they remain unaware that representation is critical to their chances of legally staying in the United States. Migrants without an attorney are far less likely to appear in court, and many – nearly 40 percent (or 103,000) of all Central Americans whose cases were filed in 2013-17 and have been decided– are ordered deported “in absentia” just for failing to appear at a scheduled hearing.  Immigrants with an outstanding removal order who are apprehended are subject to expedited deportation without judicial review, meaning that – again, without a lawyer – they will be returned to their home countries without ever having the legal merit of their claims evaluated.

Nonprofit community-based organizations across the country are mobilizing resources – often in collaboration with local governments and pro bono partners – to address these people’s legal needs, but a report* by CLALS reveals that access to counsel varies widely.

  • Access remains inadequate even in large receiving destinations like the Washington, DC, metropolitan area, where robust legal service infrastructures have developed in response to decades of immigration. In less traditional destinations, like North and South Carolina, only around a quarter of juveniles are represented in immigration proceedings.  In addition to geographical disparities, newcomers face differing odds of securing an attorney depending on their nationality.  Less than half of Central American minors nationwide have an attorney.  Based on a review of decided cases initiated in 2013-17, Salvadoran juveniles were more than twice as likely to be represented than their Guatemalan and Honduran counterparts, probably a reflection of the extent their communities are organized.

President Trump is justified in claiming that the immigration courts are inefficient – cases take an average of almost two years – but his proposal (tweeted on June 24) is to restore “Law and Order” and to “immediately, with no Judges or Court Cases, bring [migrants] back from where they came.”  His deeper dissatisfaction appears to be with a legal process that requires the impartial application of U.S. law – which for the majority of Central Americans fortunate enough to have an attorney results in a grant of legal status.  While this outcome may be unacceptable to the president, many localities across the United States have recognized the social and economic costs of destabilizing families and communities, and of depriving immigrant community members of due process.  Trump may hope that denying due process will dissuade individuals from entering or remaining in the United States, but the crisis in the U.S. immigration adjudication system is likely to remain serious, and tens or even hundreds of thousands more newcomers are likely to join the millions of immigrants already living in the shadows.

October 16, 2018

*The full report, “Newcomer Central American Immigrants’ Access to Legal Services,” is available for download here.  No registration is necessary.  The report is the first in a series generated as part of the project by CLALS in collaboration with the University of Houston, “The Impact of Central American Child and Family Migration on U.S. Communities,” led by Eric Hershberg and Jodi Berger Cardoso.

Nicaragua: Might Trump See Opportunity?

By Fulton Armstrong and Eric Hershberg

Donald Trump and Daniel Ortega

U.S. President Donald Trump (left) and Nicaraguan President Daniel Ortega (right). / Flickr (edited) / Creative Commons

There is no evidence that President Trump is contemplating any sort of military action in response to the political conflict in Nicaragua, but precedents set by previous U.S. administrations frustrated with challenges at home and abroad suggest he could conceivably see opportunity in throwing the United States’ diplomatic and military weight to finally boot out a government that Washington has never liked.

  • The White House last week issued its most forceful condemnation yet of the government of President Daniel Ortega for “brutalizing” the Nicaraguan people with “indiscriminate violence” that has resulted in 350 deaths. Vice President Pence recently accused Ortega of “virtually waging war on the Catholic Church.”
  • The Trump team also announced it was increasing U.S. financial support to Ortega’s opponents – adding $1.5 million to an ongoing $30 million annual program to support “democracy and governance.” Visa and financial sanctions have been put in place against three officials the administration blames for human rights violations during the four-month showdown between Ortega and opponents.  The State Department earlier had condemned the violence and issued a warning to U.S. travelers to “reconsider” travel to Nicaragua – another blow to the country’s image and its reeling tourism industry.

But there is pressure on the administration to do more.  U.S. Senator Marco Rubio – widely seen as the most influential congressional voice on U.S. policy toward Latin America – has led the way.  “As Nicaragua follows Venezuela’s dangerous path,” Rubio recently said, “the U.S. should be prepared to take further action with our regional allies to address the threat of Ortega’s regime.”

  • Rubio did not specify what “further action” he desired, and the reference to “regional allies” – all of whom would presumably oppose U.S. military action – may temper options. But President Trump’s own rhetoric, and that of senior officials, suggests the full array of options may be on the table.  In August 2017, the President publicly floated the idea of invading Venezuela to end the years-long crisis there.  According to amply-sourced press reports, National Security Advisor H.R. McMaster and Secretary of State Rex Tillerson opposed the intervention, but both moderating voices have since left the administration.  (Tillerson in February trumpeted the Monroe Doctrine, under which the United States arrogated to itself the right to intervene where it wished, as a guiding principle of U.S. policy for the western hemisphere, saying “it clearly has been a success.”)
  • Subsequent press reports based on purportedly high-level sources indicate that Trump’s invasion comment was not as spontaneous as it appeared; he’d argued with senior staff that military action against Venezuela could be a success as were, he reportedly claimed, the invasions of Grenada (1983) and Panama (1989). Those interventions gave a political bounce to two previous Republican Presidents, Ronald Reagan and George H.W. Bush, respectively, as did President George W. Bush’s wars in Afghanistan and Iraq.  Donald Trump’s polls among his political base are extremely high, and his broader approval rating has risen slightly, but nervousness about the various investigations into his campaign and presidency, and about his prospects in upcoming congressional elections, may tempt him to seek a distraction.

U.S. military action of any kind – albeit a remote possibility at this time – cannot be ruled out entirely.  The Trump administration’s policies have been highly impulsive and, in many analysts’ view, have been driven by political factors rather than considered analysis based on deep knowledge of international affairs.  Ortega has been the bane of two generations of Republicans’ efforts to forge a consistently pro-U.S. Central America, thumbing his nose at Washington repeatedly and even co-opting traditional U.S. allies in Nicaragua such as the business community.  Some analysts’ predictions that Ortega’s control over the electoral apparatus could result in his victory in early elections – a key opposition demand – also may feed Washington perceptions that bolder action is necessary.

  •  With the 72-year-old erstwhile revolutionary on the ropes and resorting to increasingly ugly tactics to remain in power, Ortega may look ripe for toppling with a little nudge from Washington. The intervention need not be a full-fledged invasion, and the pretext need not be elaborate – the Grenada invasion was supposedly a rescue mission for U.S. medical students on the island.  The administration may believe, moreover, that the Nicaraguan military, many of whose officers have appeared more comfortable with a non-partisan institutional role than with backing Ortega to the hilt, would not muster a strong reaction.  It is all hypothetical at this point, but, while Secretary of State Tillerson is gone, perhaps the Monroe Doctrine is not, and there is a long history of Washington’s treating Central America as a convenient place to “send in the Marines.”

August 7, 2018