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

U.S.-Latin America: “Zero Tolerance” Makes Zero Progress

By Ernesto Castañeda *

Children and adults stand in a line

Central American migrant children and their parents. / Pride Immigration Law Firm PLLC / Wikimedia

U.S. President Donald Trump’s family separation policies, despite his June 20 executive action ending them, will have long-term negative consequences and will do nothing to stem the flow of migrants into the United States.

  • Hundreds of families remain separated. Families are detained indefinitely for applying for asylum or crossing into the United States.  Political outrage in the United States may be new, but these policies are not.  Millions of families have been separated across U.S. borders for many years.  After growing up without their parents, children who did not originally accompany migrating parents often attempt to reunify with them in the United States, resulting in the increase of unaccompanied minors that we have seen since 2014 and the surge in violence in Central America.
  • The Trump Administration’s policies fail to address the underlying causes of migration – violence, impunity, corruption, and poverty in sending countries and high U.S. demand for low-cost workers – which show no sign of abating. Many Mexicans and Central Americans are fleeing kidnappings, extortions, and death threats as they explain during credible-threat interviews that give them valid claims for asylum.  U.S.-backed militarized responses to drug trafficking have produced much of the violence and corruption in Mexico and Central America, generating asylum-seekers.  Beyond the traditional economic and social reasons, many recent immigrants are escaping violence, as they did during the Mexican Revolution and the political violence in Central America in the 1980s.

Family separation and the detention of unaccompanied minors in shelters are not new practices either.  What was new in recent months was the separation of families that come to the United States seeking asylum.

  • These forced separations cause the children lifelong trauma. The American Psychiatric Association recently stated that “the evidence is clear that this level of trauma also results in serious medical and health consequences for these children and their caregivers.”  Separation inflicts trauma on adults too; parents suffer from being away from their children due to their decision to migrate.

The logic behind “zero tolerance” is to discourage migration by making conditions as miserable as possible for intending migrants – building psychological walls as well as the physical wall that Trump has pledged to build along the border with Mexico.  By ignoring the underlying causes of these movements of people, this approach is not only cruel but unlikely to be successful.  The concern is also misplaced, despite the increasing visibility of refugees and asylum-seekers in the media, as border apprehensions show a steep downward trend.

  •  The U.S. Congress has so far rejected solutions to the issue of family separation, such as creating larger guest worker programs, strengthening asylum courts, passing the DREAM Act, and demilitarizing responses to drug trafficking. Until the underlying causes of migration are addressed, Washington will be squandering its money prosecuting and causing lasting trauma for innocent children and parents.  Contrary to Trump’s claim that immigrants hurt U.S. culture, my research shows that immigrants are skillful at integrating into American life.  New pathways for legal immigration are the only way ahead to reduce undocumented migration.

 July 3, 2018

 * Ernesto Castañeda is an Assistant Professor of Sociology at American University and author of A Place to Call Home: Immigrant Exclusion and Urban Belonging in New York, Paris, and Barcelona (Stanford, 2018).

MS13: Criminal Patterns Defy Traditional Solutions

By Steven Dudley and Héctor Silva*

Gang members gather behind bars

Incarcerated members of the MS13 in Sonsonate, El Salvador. / FBI / Creative Commons

The Mara Salvatrucha (MS13) is one of the world’s largest and most violent street gangs and – despite decades of law enforcement action in two hemispheres – it remains a persistent threat.  In a report based on three years of research released this week by CLALS and InSight Crime (click here for full report), we estimate that the MS13 has between 50,000 and 70,000 members concentrated in mostly urban areas in Central America or other countries with a large Central American diaspora.  In the United States, its strongest base is in the Los Angeles and Washington, DC metropolitan areas, but it is expanding beyond urban areas in California and along the Eastern seaboard from Boston to North Carolina.  The failure to understand the gang’s roots, organizational contours, and everyday dynamics have long hindered efforts to combat it.

  • The MS13 is a social organization first, and a criminal organization second. It creates a collective identity that is constructed and reinforced by shared experiences, often involving acts of violence and expressions of social control.  The MS13 draws on a mythic notion of community, with an ideology based on its bloody fight with its chief rival, the Barrio 18 (18th Street) gang.  In Los Angeles and El Salvador, gang “cliques” have developed some degree of social legitimacy by prohibiting predatory activities (such as domestic violence) in areas of influence where the state provides no protection.
  • The MS13 is a diffuse, networked phenomenon with no single leader or leadership structure that directs the entire gang. It’s a federation with layers of leaders who interact, obey, and react to each other differently depending on circumstances.
  • Internal discipline is often ruthless, but the gang has guidelines more than fixed or static rules. Haphazard enforcement leads to constant internal and external conflicts and feeds violence wherever the gang operates.  Gang-related murders (of which MS13 represents a fraction) are thought to represent around 13 percent of all homicides in the United States, and upwards of 40 percent of the homicides in El Salvador, Honduras, and Guatemala.  The violence at the heart of the MS13 builds cohesion and camaraderie among the dispossessed men and boys who comprise it and it has enhanced the gang’s brand name, allowing it to expand in size and geographic reach.  However, that extraordinary violence has also undermined its ability to enter more sophisticated, money-making criminal economies because partners see it as an unreliable and highly visible target.
  • The MS13 is a transnational gang, but it is not a transnational criminal organization (TCO), as it only plays a part-time role in drug-trafficking, human smuggling, and international criminal schemes. Its growing involvement in petty drug dealing, prostitution, car theft, human smuggling, and, particularly in Central America, extortion schemes nearly always depends on its ability to control local territories rather than to command trafficking networks that span jurisdictions.  Significantly, we’ve found no evidence that it is involved in encouraging or managing the flow of migrants from Central America through Mexico and into the United States.

The U.S. government has placed MS13 at the center of several policies that do not give sufficient weight to these key characteristics.  The gang’s violent activities have also become the focus of special gang units and inter-agency task forces across the United States, including the Department of Homeland Security (DHS), the Drug Enforcement Administration (DEA), and other agencies involved with federal, state, and local law enforcement.

Policymakers in the United States and Central America have devoted many millions of dollars to law enforcement programs aimed in part at eliminating MS13, but they have generally been reluctant to address the underlying causes of the group’s growth – exclusion and the lack of opportunity – that push youths into its arms.  Gang recruitment will continue to flourish until societies create a space in which young people find community, potentially created by NGOs, schools, churches, parents, and other members of the community.  In the United States, moreover, lumping all members with the most violent offenders, casting immigrants as criminals, and isolating gang-riddled communities inspires fear and reduces cooperation with local authorities.  The U.S. and Central American governments also empower MS13 by making it a political actor, either by negotiating truces with it (as San Salvador has) or by making it a center-point of immigration policies that have little to do with its fortunes (as Washington does).  The gang will prosper until governments base policies and programs on a realistic evaluation of its strengths, origins, and internal dynamics.

February 13, 2018

* Steven Dudley is co-director of InSight Crime and a CLALS Fellow, and Héctor Silva is a CLALS Fellow.  Their three-year research project was supported by the National Institute of Justice of the U.S. Department of Justice, but the report’s conclusions are their own.  The report will be the subject of a discussion entitled Inside MS13: Separating Fact from Fiction at the Inter-American Dialogue (Washington, DC) on Friday, February 16.  Click here for details.

Summit of the Americas: Awkward Agenda, Dim Prospects

By Eric Hershberg

Large group of men and women stand awkwardly while waving to a crowd

Leaders from the hemisphere during the last Summit of the Americas in 2015. / Maria Patricia Leiva / OAS / Flickr / Creative Commons

Preparations for the 8th Summit of the Americas, scheduled for April 13-14 in Lima, face a number of challenges.  Trump Administration measures have upended longstanding assumptions throughout the hemisphere about Washington’s agenda in the region and beyond.  No less distracting is the wave of ongoing corruption scandals in Latin America and impending elections in numerous countries.

  • The three presidential summits attended by President Barack Obama (2009, 2012, and 2015) arguably were shaped by the standing of the United States in the region. Emphasizing “change we can believe in” at his first presidential summit, in Trinidad, Obama pledged that the United States would be a partner rather than an embodiment of hubris.  Leaders across the ideological spectrum applauded.  Yet the second, three years later in Cartagena, was a disaster for Washington, with even friendly heads of state lambasting the President for continuing an unacceptable Cold War line on Cuba and rigid drug control policies.  It was in the wake of this embarrassment that Obama finally moved to change policy toward Cuba.  This watershed, supplemented by advances in other areas overseen by Vice President Biden, made Obama’s third summit, in Panama in 2015 – attended by Cuban President Raúl Castro – a much more positive experience.

This year’s Summit seems unlikely to produce advances – substantive or symbolic – and indeed has the potential both to highlight conflicting agendas and even to provoke widespread ridicule.

  • Under normal circumstances, the partial but damaging reversal of Obama’s Cuba opening would elicit hostility from Latin American leaders, but tensions over Trump’s dramatic departure from traditional U.S. positions on trade and climate, and his caustic posturing on immigration policies that especially impact Mexico and Central America, may overshadow regional bewilderment at Washington’s renewed hostility towards Havana. Latin American countries that Trump jilted at the altar when he summarily withdrew the United States from the Trans-Pacific Partnership (TPP) have begun moving on – negotiating trade deals with China while uniting with Canada and seven Asian countries to form “TPP 2.0.”  That chauvinism and race, not security, are at the heart of Trump’s “Great Wall” proposal is widely understood and resented in Latin America.
  • Trump’s postures and policies are by no means the only strain on the summit agenda. Venezuela’s meltdown and impending elections are of grave concern to virtually all leaders who will attend, whether President Maduro does or not, yet there is no consensus on what to do about the problem and the humanitarian emergency it has spawned.  Questions about the legitimacy of Brazilian President Michel Temer diminish the standing of the hemisphere’s second largest democracy.  Tensions swirling around the Summit’s host – Peruvian President Pedro Pablo Kuczynski (PPK) – are also intense.  PPK is but one of numerous incumbent and recent Latin American presidents under siege by corruption allegations.  Strong evidence of corruption among presidents of Latin American countries big and small will hardly be news to anyone, but the scope of the problem – and the strength of public rejection of it – means many governments will come to the Summit wounded and distracted.

The irony that the theme of this year’s Summit is “Democratic Governance against Corruption” will be lost on no one, as the Lava Jato investigations and lesser inquiries reveal the venality of government after government.  OAS Secretary General Luis Almagro, a co-host of the Summit, has done his fair share to rescue the region from authoritarian and corrupt leaders – challenging both Maduro and the tainted reelection of Honduran President Juan Orlando Hernández – but few others in the hemisphere have lived up to the lofty rhetoric about democracy and anti-corruption at previous summits.  The Peruvian national host is hardly in a position to steer the Summit to take on Trump on matters such as TPP.  If he were not so badly tainted by recent events, he could have represented the globalists in the Americas who are convinced that a misguided America First posture issuing from Washington amounts to a U.S. abdication of leadership on trade, climate, and other pressing matters.  Yet it is now doubtful whether he will be able to say anything more than “Welcome to Peru.”  The smiling faces in the protocol photos will conceal the striking disjuncture between the Summit agenda and its protagonists.

 February 6, 2018

Costa Rica: Anything is Possible in Upcoming Elections

By Carlos Malamud*

Two boring men look out into space

The apparent front-runners in the Costa Rican presidential election, Juan Diego Castro (left) and Antonio Álvarez (right). / Wikimedia, edited / Luis Madrigal Mena (left) / MadriCR (right) / Creative Commons

In the run-up to Costa Rica’s presidential and legislative elections on February 4, the words “uncertain” and “uncertainty,” “volatility,” and “surprise” are crowding out all others.  Since current President Luis Guillermo Solís’s unexpected victory in 2014 marked the end of two-party domination – in which power was shared by Liberación Nacional (PLN) and the Partido Unidad Social Cristiana (PUSC) – fragmentation has deepened.  Today there are 13 candidates for President and a heightened number of undecided voters.  Alongside the many who don’t know who they want to vote for, there are others, including many liberacionistas, who do not want to reveal their support for other candidates.  The country is in a scenario in which anything can happen.

  • According to most polls, former Minister of Justice and Security Juan Diego Castro (of the minority Partido Integración Nacional, PIN) and Antonio Álvarez (of the PLN) are practically at a technical tie. Castro’s campaign has focused on combating corruption, an issue of steadily growing concern to Costa Ricans, and the threat posed by gangs.  Close behind are Rodolfo Piza (PUSC) and evangelical candidate Fabricio Alvarado (Restauración Nacional).  The latter’s support surged last week when he denounced a decision by the Inter-American Human Rights Court accepting same-sex marriage.  It’s unclear whether any of the candidates’ issues have lasting support or only an ephemeral presence on the electoral agenda.

Since these four top candidates each have about 15 percent of the vote so far, it will be difficult for any to reach the 40 percent necessary to avoid a runoff.  The two strongest – Álvarez and Castro –also have strong negatives.  If, as seems most likely, the undecided and the “hidden vote” do not give one candidate or other a clear victory, there will be a second round between the top two vote-getters on April 1 (Easter Sunday).  Polls also show that many voters see Piza as the best “second option.”  For that reason, the results of a second round of voting are also difficult to predict.

Insofar as Costa Rica was the exception in Central American or even Latin American politics in the past, things have changed very rapidly.  Its distinction in the 1960s and 1970s as one of only four countries without military dictatorships (along with Colombia, Mexico, and Venezuela) has faded into different clichés.  The lauded former President Óscar Arias once made the specious argument that the constitutional prohibition on presidents running for consecutive terms was a violation of politicians’ human rights.  In addition, the conviction of two ex-presidents on corruption charges has laid bare the links between part of the political class and misgovernment.

  • Solís’s election in 2014 ended Costa Rican bipartisanship. It’s possible that the new President will be from the PLN or PUSC, but the two traditional parties’ hegemony is over.  That Costa Rica could become like its neighbors is no consolation.  To avoid that fate, it should strengthen its principal institutions, beginning with the Judiciary and the National Assembly, without forgetting the important role of the political parties, which are key to democratic regeneration.

January 25, 2018

*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 was originally published in El Heraldo de México.

Prospects for Reproductive Rights Dim with End of “Left-Turn”

By Merike Blofield and Christina Ewig*

A large group of women and men gather in front of statue in a plaza.

A demonstration against abortion in Córdoba, Argentina, shortly after President Mauricio Macri’s election. / Marco Camejo / Flickr / Creative Commons

The end of Latin America’s “pink tide” suggests the region will make little progress in protecting reproductive rights in coming years and may even face some policy reversals.  With five Latin American governments slated to elect new leaders in 2018, and with recent elections of right-leaning governments in Chile and Argentina, Latin America may well be concluding the left-turn that has characterized the region’s politics since the early 2000s.

  • The past two decades of pink tide governments coincided with a flurry of legislative activity on abortion policy – in sharp contrast to previous decades of policy stasis, when high rates of clandestine abortions coexisted with restrictive laws. Since the turn of the millennium, abortion laws have been revised by Latin American legislatures and courts on 11 separate occasions in eight different countries.  Even in countries where legal reforms did not go through, legislatures debated bills at a prevalence not seen before.
  • Several left governments have carried through liberalization in response to public opinion and social mobilization. Last August, for example, the Chilean Supreme Court upheld its Congress’ liberalization of abortion law – to allow for abortion under three circumstances (threat to life; fatal fetal defect; rape) – overturning the absolute prohibition that had been in effect since the last days of the Pinochet military regime in 1989.  Some left governments went even further:  Uruguay legalized abortion in 2012, and Mexico City did so even earlier, in 2007.

Yet left governments have not been unequivocally liberal; some have actively upheld or enacted conservative laws, even absolute prohibitions.  In 2006, the Sandinista Party in Nicaragua reversed course from allowing therapeutic abortion to supporting absolute prohibition, while Ecuadoran President Rafael Correa in 2013 rejected a provision allowing abortion in the case of rape.  The FMLN in El Salvador has doggedly, even brutally, enforced a total prohibition, to the detriment of many (primarily poor) women’s lives.  In a recent study (published in Social Politics), we show this split in policy roughly follows the “institutionalized” vs. “populist” typology of lefts.

  • Institutionalized parties – like those in Chile and Uruguay – have channels in place for civil society organizations, including feminist ones, to have bottom-up influence. Given their respect for the rules of the game, however, the institutionalized lefts are also likely to face well-organized conservative opposition, which slow down reform, shape final legislation, or even veto it altogether.  In Uruguay and Chile, feminists had a voice, but conservatives were also are able to block, slow down, and water down liberalization.  This is why the Uruguayan reform took so long and why in both cases the final legislation is less liberal than the original proposals.
  • By contrast, populist governments, like those of Nicaragua under Daniel Ortega and Ecuador under Rafael Correa, often see advocates for liberalization as political threats – particularly feminists who also represent more general claims for individual autonomy and pluralism. Moreover, an issue like abortion, where the practical costs of a restrictive stance are born almost exclusively by low-income women, is likely to be used by populist leaders as a pawn in a power struggle with well-organized, influential religious forces.

Although we systematically analyzed only abortion politics, we found that sex education, contraceptive access, and other reproductive health policies more broadly have followed similar dynamics in Ecuador, Nicaragua, Chile, and Uruguay.  For example, the Uruguayan left government expanded sex education after assuming power in 2006, while in Ecuador, leaders appointed in health bureaucracies sought to reduce access to publically provided reproductive health services.  Nicaragua, on the other hand, has the highest rate of teenage pregnancies outside sub-Saharan Africa.

As Latin America’s left shift appears to be coming to a close, reproductive health policies promise to remain contentions – and abortion continues to be a public health crisis across most of Latin America even with the limited liberalizations of the past decade.  The Alan Guttmacher Institute recently estimated that 6.5 million abortions are annually performed in the region.  The vast majority are still done in clandestinity, resulting in high maternal mortality and tens of thousands of annual hospitalizations, which affect low-income women the most.  While it is unlikely that recent changes will be reversed in the more institutionalized settings, the rightward shift that is occurring among especially these countries does not bode well for further liberalization and resolution to the abortion crisis.

 January 18, 2018

 * Merike Blofield is Associate Professor of Political Science at the University of Miami.  Christina Ewig is Professor of Public Affairs and Director of the Center on Women, Gender and Public Policy at the Humphrey School of Public Affairs, University of Minnesota.

El Salvador: End of TPS Will Challenge Government and Society

By Jayesh Rathod and Dennis Stinchcomb

People wade through knee-deep water

Flooding in Jiquilisco, El Salvador / Global Water Partnership / Flickr / Creative Commons

The Trump Administration’s end of Temporary Protected Status for Salvadorans in the United States next year potentially will drop some 200,000 people into an environment in which basic needs, including personal security, cannot be met.  TPS for Salvadorans was first granted in 2001 after earthquakes caused “environmental disaster and substantial disruption of living conditions,” but subsequent 18-month extensions have been based on a broad range of factors.  On 11 occasions over the past 16 years, Washington has cited the lack of infrastructure, food, housing, and health care and slow economic growth as reasons for continuing TPS for Salvadorans.  Violence, corruption, and impunity as well as limited state capacity to combat them were also key reasons.  Statements by the Department of Homeland Security (DHS) announcing the policy change this week make limited mention of these factors, but numerous experts, including those contributing to a recent joint report by CLALS, The Washington College of Law, and the Instituto Centroamericano de Estudios Fiscales (ICEFI), concluded that El Salvador remains unable to adequately handle the return of its nationals.

  • Despite a decline in its national homicide rate, El Salvador remains the most violent country in the hemisphere. While the government espouses a narrative of progress, other indicators make clear that improvement on the security front has been limited, if not altogether absent.  Extraordinary security measures have coincided with increased allegations of extrajudicial killings perpetrated by both security officers and civilian self-defense groups.  Citizens’ pursuit of safety has made El Salvador the second-ranking country in the world of new displacements relative to population size.  Widespread corruption and weak rule of law contribute to impunity and abuse.
  • El Salvador remains extremely vulnerable to natural disasters – experiencing three major earthquakes since July 2016 and deadly torrential rains throughout 2017. El Salvador consistently remains Central America’s slowest growing economy, and under-employment affects more than one quarter of the labor force.  (That percentage will increase to roughly a third if TPS beneficiaries return to their homeland.)  The country has the highest deficit in adequate drinking water in the region.  Six out of 10 families who live there lack adequate housing.

The Salvadoran government is trying to put the best possible face on decision to terminate TPS, which it had previously lobbied against forcefully.  On January 8, the Foreign Ministry expressed “thanks to the government of the United States” for “postponing” the end of TPS for 18 months because it acknowledged the contribution of Salvadorans to the U.S. economy, culture, and society.  The government also thanked various non-governmental actors for supporting the “renewal” of TPS.  In closing, however, the government reiterated its commitment to push “alternatives” in the U.S. Congress that would promote Salvadorans’ “migratory stability” in the United States.

  • Think tanks and humanitarian organizations in Washington have condemned the Trump measure. The Washington Office on Latin America (WOLA) said ending TPS is a “senseless and inhumane policy.”  The Inter-American Dialogue notes that the Salvadoran MS-13 gang – one of President Trump’s most-stated enemies – will be a “primary beneficiary.”  Some fear that returnees, because of their perceived wealth, will be targets for extortion and other criminal activity at the hands of gangs.  A number of observers say that the resulting increase in instability in El Salvador will trigger more illegal migration into the United States.

Ending TPS for Salvadorans casts a shadow of uncertainty over the lives of 200,000 law-abiding, tax-paying migrants – half of whom have lived in the United States for more than 20 years and a third of whom have homes with mortgages, according to estimates.  That same uncertainty extends to TPS beneficiaries’ families, which include 192,000 U.S. citizen children. The Salvadoran government’s statement dodges the key issues of whether it can accommodate the influx of returnees and the loss of a significant portion of the roughly $4.5 billion (equivalent to 17 percent of El Salvador’s GDP) they send home each year.  There is no evidence that it can provide even basic protection for the returnees.  The Foreign Ministry’s unctuous thanks for Washington’s “extension” of TPS until the Salvadorans lose their status in 18 months suggests a mysterious confidence that the U.S. Congress will carve out exceptions for its compatriots in the United States.  However desirable that scenario might be, there’s precious little evidence that the U.S. legislature’s current leaders, who have shown support for most of Trump’s anti-migrant agenda, will help avoid the train wreck that Trump has now set in motion.

Click here for an in-depth review published by CLALS, The Washington College of Law, and ICEFI on the rationale behind TPS since 2001 and continuing need for protection.

January 10, 2018