Honduras: MACCIH Still Trying

By Aída Romero Jiménez

MACCIH Feb.22.2019

Luiz Antonio Marrey, Special Representative of the Secretary General, Spokesperson of the MACCIH / Flickr / Creative Commons

MACCIH, the OAS-sponsored mission to support the fight against corruption and impunity in Honduras, continues to investigate cases but with a lower profile than before – and under growing political pressure.

  • Without MACCIH, most observers believe, cases like La Caja Chica de la Dama – for which ex‑First Lady Lobo is awaiting trial in prison – would not have developed. MACCIH is also credited with shutting down the Red de Diputados, a network of Congressmen accused of misappropriating government funds; the Pacto de Impunidad o Fe de Erratas, legislation that effectively shielded Congressmen involved in the Red; the Pandora case, which accused 38 lawmakers of stealing funds from the Ministry of Agriculture; and serious charges against former President Lobo’s brother.
  • Although MACCIH provides important leads and analytical capacity to UFECIC, the special prosecutor unit created to investigate corruption cases, its most valuable support comes from the political cover it provides as an internationally sponsored entity. It is often the public face of anti-corruption efforts in the country, even though Luiz Antônio Guimarães Marrey, the spokesman since last June, and his deputy have significantly scaled back their use of social media since the previous chief, Juan Jiménez Mayor, irritated the government with his public profile.

MACCIH’s successes have provoked resistance and, at times, a strong backlash from powerful sectors that feel threatened by its work, not unlike what has occurred with the International Commission against Impunity in Guatemala (CICIG).  When Guatemalan President Jimmy Morales banned the head of CICIG, Iván Velásquez, from returning to the country, several Honduran Congressmen were quick to state that the MACCIH mandate similarly had to be revised, and that its involvement in investigations had to be reigned in to ensure it was not overstepping its limits.  Echoing CICIG’s critics in Guatemala, they also alleged that MACCIH was violating the country’s sovereignty.

  • The Honduran Constitutional Court was already gunning for MACCIH when it ruled in May that UFECIC was unconstitutional. (UFECIC has continued its investigations without further interference, but local observers believe this could change at any moment.)  Congress has also redoubled efforts to reform Article 115 of the General Law of Public Administration to effectively shield itself from Public Ministry investigations into their handling of public funds.  Legislators want to transfer authority for such inquiries solely to the Supreme Auditing Tribunal, which civil society actors claim is sympathetic to the Congressional leadership.
  • The lack of judicial independence has remained a serious obstacle. In a high percentage of cases that go to trial, the charges have been reversed or downgraded, signaling just how fragile and corrupt the Honduran justice system is.

MACCIH’s progress in fulfilling its mission makes it vulnerable to attack and, possibly, non-renewal when its mandate expires in January 2020.  MACCIH spokesman Guimarães Marrey said in December that 11 new cases will soon be announced.  Many Hondurans hope that President Juan Orlando Hernández will be among the targets, on the assumption that he was aware of or involved in drug trafficking operations for which his brother, Tony, is under arrest in the United States.  Whether that happens or not, pressure on MACCIH is unlikely to abate.  Guimarães Marrey earlier this month re-introduced the MACCIH’s main legislative priority – an “Effective Collaboration Law” allowing plea-bargaining in return for accurate information leading to prosecutions.  Opposition to the legislation is strong, and its prospects – like MACCIH’s – remain highly uncertain.

February 22, 2019

*Aída Romero Jiménez is a team member of the CLALS project Monitoring MACCIH and Anti-Impunity Efforts in Honduras.

Venezuela: When Will the Military Flip?

By Fulton Armstrong

venezuelan military marching

A military exercise in Caracas, Venezuela. / Cancilleria del Ecuador / Flickr / Creative Commons

Venezuelan leader Juan Guaidó and his backers, including the Trump administration, are increasingly focused on swaying the country’s security forces to switch allegiance from Nicolás Maduro to the National Assembly President.  Guaidó has appealed to the military to support his efforts to “restore constitutional order” and is pushing through the legislature a law giving amnesty to cooperating officers for certain crimes committed since President Chávez took office in early 1999.  U.S. officials, apparently to shake up the armed forces, continue to say that “all options are on the table”; National Security Advisor John Bolton held a notepad at a press briefing referring to “5,000 troops to Colombia.”  Maduro, for his part, continues to orchestrate loyalty pledges from senior officers and preside over military exercises.

  • Several small units of the military have flipped, and Maduro’s military attaché in Washington – serving there for a number of years to get medical treatment – has declared loyalty to Guaidó. The vast majority of the officer corps, however, still maintain an appearance of commitment to Maduro.

The most common explanation for the military’s apparent loyalty cited by Maduro’s opponents is that the high command has been bought off by opportunities to engage in corruption.  Other factors, however, may better explain why the institution has stuck with him this long.

  • Ideological reasons? Most available information suggests that Madurismo – with its gross, incompetent mismanagement of the economy, corruption, and thuggery – is not attractive to the officer corps.  But they appear to know that Chavismo has deep roots; that the elites, including the more hardline opposition, don’t understand the significance of change since 1999; and that efforts to return to the pre-Chávez era would be destabilizing and bloody.
  • Financial reasons? Although historically and perennially corrupt, senior officers arguably have been able to do more corruption under Maduro than under another regime.  That said, in their heart of hearts, they probably know a lot of their activities will continue under any government.
  • Distrust of the opposition? The military traditionally has communicated better with opposition moderates, such as Henrique Capriles, and in recent years has shown no trust in the faction that Guaidó comes from and its leader, Leopoldo López.  Information is very limited, of course, but many officers may believe that this group’s obsession with overthrowing Maduro and its no-negotiation stance has contributed to the crisis.  Senior officers’ confidence in Maduro’s ability to hold the country together seems to have evaporated, but the opposition have not presented a viable, comprehensive alternative.
  • Concern about the López-Guaidó faction’s ties with Colombia and the U.S.? Good information is elusive, but senior officers’ posture suggests that they see Bogotá’s strategic objective to keep Venezuela weak and Washington’s objective to purge the country of Chavismo and themselves.
  • Concern that the “international community” will not give them a fair deal? Distrust of Washington seems obvious, but – within their logic – senior officers almost certainly are suspicious of OAS Secretary General Luis Almagro, the Lima Group, Brazilian President Jair Bolsonaro, and others as intolerant and biased.
  • Belief that, in the face of total chaos and widespread bloodshed, they can force a last-minute peaceful solution onto Maduro? Senior officers presumably have good enough intelligence to know when and how to intervene – and persuade Maduro to accept a peaceful solution and fly into exile.  The bigger problem at this point is that they do not see a viable alternative to sticking it out.
  • Fear that Maduro’s people have deeply penetrated officer ranks, and their lives will be at stake if they move against him? As the scope of the crisis grows and the credibility of Maduro’s power begins to slip, this would appear now to be less important.  Officers talk among themselves more than outsiders think.

The Venezuelan military’s threshold for intervening against civilian governments of any stripe has always been high, amplified by the embarrassment of the reversed coup against Chávez in 2002.  None of the factors that, on balance, still appear to favor sticking with Maduro is unmovable.  Distrust of the United States, OAS, and the Lima Group – the outside forces that legitimized Guaidó’s claim to power – leave the military with no reliable allies; Cuban, Russian, and Chinese friends can provide no solace.  A credible negotiation proposal from someone like Mexican and Uruguayan Presidents López Obrador and Vázquez, especially if backed by Pope Francis, could conceivably give them a credible direction in which to push Maduro.  But at this moment – subject to rapid change – the balance still argues in favor of the military fearing a new course.

Colombia: Slow to Deal with Conflicts of Interest

By María Paula Ángel*

Image of Nestor Martínez

Nestor-fiscal.jpg / Wikimedia Commons / Creative Commons

Revelations about Colombian Attorney General Nestor Humberto Martínez’s knowledge of serious cases of corruption prior to his election is raising questions about his ability to do his job with impartiality and independence – and about the efficacy of Colombia’s anti-corruption measures.  Martínez was a legal advisor for Grupo Aval – a partner with the Brazilian firm Odebrecht on a major infrastructure project – with whom a project auditor shared his deep concerns about corruption.  In 2015, Martínez confirmed to the auditor the range of the crimes, including “bribery, money-laundering, use of false documents, improper management, abuse of confidence, fraud, aggravated theft, misappropriation,” according to recordings of unchallenged authenticity.  Martínez failed to report this knowledge to the Supreme Court when he was being considered as a potential Attorney General.  Critics point out that this case makes clear Martínez’s multiple conflicts of interest during the campaign and now as fiscal general tasked with investigating the massive Odebrecht corruption case and the death of the auditor and his son, who were poisoned to death last November.

The Colombian Constitution requires public servants to declare, under oath, their assets and income and the private interests they may have due to their private past before assuming public office, when leaving office, or when the competent authority requests it.  This Income and Asset Disclosure System (IAD), formally implemented in 1995 and managed by the Administrative Department of the Public Function (DAFP), is supposed to provide a means for monitoring inconsistencies or irregularities in officials’ declared income and assets, and for detecting and avoiding potential conflicts of interest before they occur.  Information on the Attorney General’s previous clients, for example, should have identified potential and actual conflicts of interest.  However, the system has major flaws, and it is very difficult for the state or citizens to take advantage of the information:

  • A combination of a badly designed legal framework, political resistance to implementation, resource and capacity constraints, and lack of public awareness of its usefulness hamper DAFP’s work. There are no penalties for failure to submit information.
  • The DAFP only verifies the receipt of the submitted forms; the review of the completeness and accuracy of the information is only carried out, if at all, on a random basis. Similarly, when citizens have asked for a copy of a public servant’s submission, DAFP and the official in question have – unlawfully – denied access, arguing the latter’s right to privacy.  In the rare cases that access is approved, processing and analysis are highly unlikely because documents are often handwritten.

The case of Attorney General Martínez underscores the need for Colombia to move beyond rhetoric and get serious about disclosure and accountability.  Martínez has been through the revolving door in and out of government on at least eight occasions – common for public servants.  The World Bank Group and the United Nations Office on Drugs and Crime (UNODC) offer a range of “good practices,” elements of which are being implemented in the region – albeit also imperfectly.  Argentina has electronic data management procedures that have automated submissions and allow targeted verification of completeness and accuracy of the information more feasible for about 33,000 declarations annually.  Despite its myriad corruption scandals, Guatemala is among the countries that make disclosure compliance statistics publicly available, thus allowing citizens to hold accountable public servants that do not comply.  In Paraguay, the Criminal Appeals Court ordered the government to grant a journalist’s request for IAD submitted by public servants who occupied the highest public positions between 1998 and 2017.  Not one of these countries has adopted a comprehensive, effective approach to anti-corruption, but there is no reason that Colombia shouldn’t lead the way.

January 25, 2019

* María Paula Ángel is a researcher at the Centro de Estudios de Derecho, Justicia y Sociedad (Dejusticia), in Bogotá.

Colombia’s Duque: The End of the Road for Empty Politics?

By a Colombia Watcher*

Iván Duque

Colombian President Iván Duque. / Casa de América / Flickr / Creative Commons

Colombian President Iván Duque’s first 100 days in office have left three important baskets empty: the basket of public policy, the basket of new ideas, and the basket of trust in government.  His problem is not so much that he is a puppet of his mentor, former President Álvaro Uribe; it is that they have failed to jettison their recent past and articulate a credible vision for Duque’s four-year term.

  • Duque’s economic development plan was hurriedly prepared with little policy guidance from the president’s office. It consists of a long list of sector-by-sector aspirations that bear no connection with either the current budget or realistic medium-term fiscal planning.  The underlying assumption appears to be that the government will somehow – on its own – abandon a longstanding tendency toward clientelism based upon contractual power for a results-driven technocracy.
  • Duque’s financial strategy appears to be stumbling. Congressional opponents say his nominee to be Finance Minister, Alberto Carrasquilla, is guilty of corruption in a previous job.  Instability in global prices torpedoed Duque’s plan to rely primarily on proceeds from a new oil boom, so the government has wagered on a highly unpopular and inequitable tax reform.  Reducing federal expenditures is out of the question — key constituencies depend on the government’s purchasing power – and a serious review of fiscal decentralization also appears beyond Duque’s political will and expertise.  Going back to debt financing would face legal, fiscal, and political challenges.
  • Achieving his promises to reduce corruption also appears difficult. The lack of accountability in the Odebrecht corruption case, in which supporters of Uribe (as well as former President Santos) reportedly were involved, has fueled cynicism.  Unlike in other Latin American countries, no high-level economic or political Colombian is in jail on Odebrecht corruption charges.  Moreover, leaks of irrefutable recordings and documents demonstrate efforts by the country’s attorney general, Néstor Humberto Martínez, to cover up irregularities.  (The auditor who leaked the evidence was subsequently killed, as was his son when he returned from Spain to attend the funeral.)

The new administration faces other challenges.  Polls taken immediately after the economic plan was announced showed that public support for the government continued its free fall after reaching the lowest level recorded during a president’s first 100 days in office.  The government appears to be looking for legal ways to abandon the already fragile peace process with the former FARC guerrillas – already undermined by the fact that killings and disappearances of local civic leaders continue unabated.  Dissident FARC members are returning to the jungle or joining the growing number of criminal bands that operate in both the cities and the countryside.  Protests joining students and workers from various sectors, including healthcare and transportation, continue to affect essential services in a way not seen in Colombia in recent years.

Restoring public trust in Colombian institutions will be a monumental task for which Duque does not appear to have a credible path forward.  He will probably struggle to distance himself from some of his scandal-plagued financial and political backers, but they will demand unconditional support and loyalty amid public outcry and pressure.  The coalition that ensured Duque’s second-round victory in June was temporary – united only to stop his leftist opponent – and is already showing signs of abandoning him.

  •  Duque may try to make international support a pillar of his presidency, as Uribe and Santos did, but even that is not going to be easy. He cannot expect the same enthusiastic endorsement Santos received from the European Union, Canada, or UN agencies, who applauded his focus on the peace process and building democracy from the bottom up.  There are already voices in the Duque government opposing efforts begun under Santos to meet the conditions for Colombia’s admission into the OECD club.  Duque may be optimistic of gaining U.S. support – heartened by the Trump administration’s reduced emphasis on human rights and democracy in the bilateral relationship – but the most Duque has gotten so far is some continuation of support for anti-drug efforts.  His desperate efforts to develop a strong direct relationship with President Trump have not yet borne fruit.

Duque appears burdened by the bonds that brought him to power – with members of his coalition, with former president Uribe, and with political and financial backers – that have either weakened or are now embroiled in scandal.  Delivering results and inspiring public trust and support may be beyond his skills, raising the prospect – still unlikely – that he might someday be tempted to resort to repressive tools.

November 29, 2018

* The author is a long-time Latin America specialist with particularly deep expertise on Colombia.

U.S.-Guatemala: Are Donald Trump and Jimmy Morales Brothers in Arms?

By Anthony W. Fontes*

Jimmy Morales and Donald Trump

Guatemalan President Jimmy Morales meets with U.S. President Donald Trump in February 2018. / Executive Office of the President of the United States / Wikimedia

Guatemalan President Jimmy Morales’ announcement last month that he would not reauthorize the joint Guatemala-United Nations anti-corruption commission to remain in the country apparently was made with confidence that President Trump would approve, or at least turn a blind eye.  Morales’ gambit followed months of public threats against the International Commission against Impunity in Guatemala (CICIG), which has been investigating and prosecuting high-profile organized crime and corruption cases for over a decade.

  • His attempt to revoke CICIG’s authority and refusal to allow CICIG’s highly respected lead prosecutor, Iván Velásquez, to re-enter Guatemala after a trip to the United States are widely understood as intended to halt investigations into Morales’ own alleged illegal campaign financing during the 2015 presidential election. Even after Guatemala’s Constitutional Court – the nation’s highest judicial authority – ordered Morales to allow Velásquez entry, the president refused to budge.
  • Some U.S. politicians have joined in the international condemnation of Morales’ efforts – 23 members of the U.S. Senate and House wrote a letter to Secretary of State Pompeo asserting that he “must counter” the maneuver. But the Trump administration has remained largely silent; Pompeo in early September reiterated U.S. “support for Guatemalan sovereignty” – code for a hands-off policy – and, using words similar to those Morales has used in advocating dilution of CICIG’s mandate, announced his backing for a “reformed CICIG.”

Several explanations for Washington’s soft approach to Morales’ action have emerged.  Some pundits muse that the administration is repaying him for relocating the Guatemalan embassy in Israel to Jerusalem when the United States did.  Others opine that Trump fears pushing Guatemala into China’s arms amid reports that it will follow El Salvador’s recent decision to break relations with Taiwan.  Yet another, less strategic and more personal explanation might illuminate the equivocation – that Trump simply empathizes with Morales because they have a lot in common.

  • Both first emerged in the public eye as TV personalities. While Trump was building his brand on “reality TV,” Morales hosted a popular daytime talk show, where he became known for lowbrow comedic antics that included blackface.  In their campaigns, they fed on simmering discontent about the corruption of the political establishment, and trumpeted their lack of political experience as a prime reason to vote for them.  They both defeated the former first ladies of left-leaning presidents considered by large swaths of their electorates as corrupt.
  • More importantly, both presidents face far-reaching criminal investigations that have cast long shadows over their first years in office. Despite Trump’s vociferous denials to the contrary, the Special Counsel investigation into his campaign’s possible collusion with Russian efforts to influence the 2016 election has been a constant thorn in his side.  CICIG, whose investigations into former President Pérez Molina were pivotal to his arrest and impeachment, has represented an existential threat to the Morales administration since the day he took office in 2015.  CICIG’s work put his son and brother behind bars for fraud.  (Trump’s son and son-in-law are reportedly under investigation too.)  CICIG has doggedly pursued investigations against Morales and his supporters in Congress for illegal campaign financing, among numerous other charges.

The two presidents’ efforts to resist and deride the investigations into their activities expose perhaps the most striking (and disturbing) of their shared affinities.  To protect themselves, they appear willing to tarnish and undermine public institutions integral to democracy and law and order.  Trump attacks the free press and the FBI as “deep state” conspirators.  Morales has aligned with members of the Guatemalan Congress to give immunity from prosecution to politicians in office accused of a laundry list of crimes, contravening a fight against powerful criminal organizations embedded in government.  By violating decrees by Guatemala’s Constitutional Court, Morales has placed his administration on a collision course with the nation’s constitutional order.

  •  The potential long-term damage to democratic institutions suggests that the “democratic wave” that swept across the Americas in the second half of the 20th century has crested. Under the Trump administration, the United States now risks becoming a beacon for anti-democratic politicians like Morales across the hemisphere, giving political cover and guidance to those who would hasten democracy’s demise for the sake of power.  The rule of law in liberal democracies is predicated on transparency and accountability – and is threatened by executive intimidation of institutional checks and balances.

October 2, 2018

*Anthony W. Fontes is an Assistant Professor in the School of International Service at American University.

Paraguay: Stormy First Month for New President

By Barbara dos Santos*

Mario Abdo Benítez

Paraguayan President Mario Abdo Benítez. / Marcos Corrêa / Flickr / Creative Commons

A little over a month into his five-year term, Paraguayan President Mario Abdo Benítez is already being challenged by corruption scandals – including allegations against himself – and internal party squabbling, but he is continuing efforts to build his image as an ambitious reformer.  While emphasizing continuity with the previous administration’s economic policies – focusing on export-fueled growth, low taxes, and domestic investment – Abdo Benítez’s push for certain reforms is ruffling feathers.

  • In the wake of protests against highly publicized corruption and influence-trafficking cases involving national legislators and top judges, Abdo Benítez based his campaign on a pledge to fight government and judicial corruption though deep reforms. In his inauguration speech, he called for immediate priority to be given to comprehensive reform of the national judicial system.  Three days after taking office, he called on all political parties – including those without representation in the National Congress – to join a national debate on constitutional reform.

The president, however, faces a number of challenges to his image and leadership.

  • During the campaign, he distanced himself from the legacy of his father, who was a top aide to Paraguayan dictator Alfredo Stroessner (1954-89), but a visit he made to his father’s grave after voting on election day and his use of Stroessner’s white Chevrolet on inauguration day fueled apprehensions about his commitment to democracy.
  • He is being buffeted by allegations that he has ties with drug traffickers. Social media have publicized a picture of the president in his home with his arm around drug kingpin Reinaldo Javier “Cucho” Cabaña, who was arrested earlier this month.  He has denied receiving money from Cabaña and said that he did not recognize the man – that he had taken “millions of photos” with sympathizers who came to his house to express support during the campaign.
  • One of his closest allies in the congress, Ulises Quintana, was also indicted this month for alleged involvement in “Cucho’s” international drug trafficking network. Another close ally facing corruption charges is Miguel Cuevas, the president of the Chamber of Deputies, who stands accused of illicit enrichment while in office and who has become the new main target of the anti-corruption protest groups.
  • A faction within his party, the Cartistas —allies of former President Horacio Cartes – has been holding back on support Abdo Benítez’s reforms. They claim his call for inclusive debate, rather than negotiating directly with them before opening to other parties, was a sign of bad faith, and they have not agreed to join the talks.
  • The president also faces challenges from the opposition Partido Liberal Radical Auténtico (PLRA), whose leader says he supports reforming the constitution, even drafting a new one, but that it should be based on a “national agenda” – not only Abdo Benítez’s priorities. PLRA and other parties are concerned that a key purpose of the reforms is open the way to presidential reelection, which has long been a goal of the Cartistas.  They also claim the president is appointing cronies to positions that require technical expertise, such as management posts at the Itaipú power plant on the Brazil-Argentina border.

Abdo Benítez’s commitment to reforms may be mostly rhetorical – his bottom line seems mostly about continuity – but the political threats that they entail could get out of control and spark protests.  Six weeks into his presidency, he seems unlikely to rally the domestic support necessary to enact deep reforms to make the electoral, political, and judicial processes more open and transparent.  He may find some comfort in the fact that neighboring presidents – Michel Temer in Brazil, Mauricio Macri in Argentina, and Evo Morales in Bolivia – all have their hands full too, and that, if anything, the region’s turn to the right during elections since 2015 means that he is not likely to be isolated politically.  As a new president, however, Abdo Benítez has to be wondering what the next five years hold.

September 27, 2018

*Barbara dos Santos is a Ph.D. Candidate in Political Science at the School of Public Affairs at American University.

Mexico: Is Centralization the Way to Battle Corruption?

By Daniela Stevens*

A large group of people stand on a stage.

Mexican President-elect Andrés Manuel López Obrador (center left) meets with current President Enrique Peña Nieto and members of his cabinet during the transitional government period. / Presidencia de la República Mexicana / Flickr / Creative Commons

Half way through Mexico’s five-month transition period, an effort by President-elect Andrés Manuel López Obrador (AMLO) to increase central government oversight over states’ affairs suggests an agenda that may go beyond the “republican austerity” he frequently calls for.  His plans to lower the numbers and salaries of high-ranking bureaucrats have been well received, but he raised hackles when he announced plans to appoint a single federal representative – a delegado – to liaise with each of the 32 states, eliminating the 20 to 30 central government representatives that until now have been dispersed throughout each jurisdiction.  He claims the measure is to save on the bureaucracy payroll, but many observers are concerned it will concentrate more power in his own hands.

  • Criticism has already forced AMLO to repackage his plan somewhat. He uses mixed language to refer to the responsibilities of the delegados.  While he has strongly defended his legal ability to appoint a single delegado, he more recently reassured aggravated governors that his representatives would maintain “institutional relations” and respect local elected officials’ autonomy and authority.  Olga Sánchez Cordero, AMLO’s appointee as Secretary of the Interior, further clarified that the delegates would only be in charge of social development programs, constituting a “layer of proximity to citizens” currently or potentially enrolled in social programs.  Under AMLO’s proposal, delegados would take over all kinds of programs, including youth scholarships, conservation efforts, health care, and social security programs for special populations – a herculean portfolio for a single representative.
  • Critics argue that the appointment of single delegados reporting directly to AMLO will undermine federalism. Electoral and administrative decentralization were integral to Mexico’s long democratization process.  For decades, the president was not only the predominant force over the legislative and judicial powers; he also appointed governors from the hegemonic party to the states.  The delegados would potentially create a power structure that parallels and rivals that of the state governors.  Some governors argue that the constitution does not recognize intermediate authorities, and wonder whether persons with partisan agendas will get too deeply involved in local budgets and policies.  In addition, the position would be coveted for its discretionary power and direct link to the president – giving politicians from AMLO’s party, Morena, a leg up as potential candidates for governor.

If done right, however, the measure could alleviate the plague of corruption that permeates the states, and the governorships in particular, and which AMLO has repeatedly condemned.  Governors routinely abuse their powers and engage in serious acts of corruption and financial crime.  As Agustina Giraudy has documented, undemocratic governors have used their offices to perpetuate “subnational undemocratic regimes” in the wake of Mexico’s 2000 transition to electoral democracy at the national level.  Former Governor Javier Duarte, of Veracruz, stole hundreds of millions of dollars from the public budget, and others, like Humberto Moreira in Coahuila, left their state with large debts.  Oversight from an anti-corruption executive in Mexico City might not necessarily be a bad thing.

Ideally, state legislatures – rather than the president or his delegado – would constitute the brake on governors’ decisions, providing a real counterweight anchored in local political dynamics.  AMLO’s efforts to turn Mexico into an “authentic democracy” will miss the mark – and amount to a crass political move – if the transformation does not include an institutionalization of leadership.  His party, Morena, is extraordinarily dependent on his personal leadership; it is an amalgam of politicians who abandoned other parties or joined it because of personal ties to him.  AMLO, who plans to preach integrity by example, cannot alone be the foundation of the “fourth transformation” he purports to lead (the first being independence, the second the “Reforma,” wars, and the third the 1910 Revolution).  With institutionalization, AMLO and Morena could put appointees and delegados through a transparent, legal vetting process – based on merit – and give them clear, legal operational responsibilities.  Failing that, their reforms may prove to be a primarily partisan project.

September 14, 2018

* Daniela Stevens is a Ph.D. candidate in Political Science in the School of Public Affairs at American University.

Brazil: Diving into Uncertainty

By Marcus Rocha*

Brazilian presidential candidates 2018

Brazilian presidential candidates, from left to right: Lula da Silva, Jair Bolsonaro, Geraldo Alckmin, Marina Silva, and Ciro Gomes. / Wikimedia, edited

With voting just a little under four weeks off, Brazil faces the most confusing, unpredictable, and consequential election since democratization in the 1980s.  The two leading contenders – former President “Lula” da Silva and firebrand conservative Jair Bolsonaro – are in jail and the hospital recovering from a stabbing, respectively, but the former is being left behind, and the latter is likely to try to use his victimhood to overcome other weaknesses.  At a point that Brazil needs stability and leadership, it is lurching toward an election that appears unlikely to produce either.

  • Lula’s Workers Party (PT) hierarchy continues to push his candidacy, but yet another rejection last week of his appeal of his conviction on corruption charges is increasingly opening the way for Fernando Haddad, former mayor of São Paulo, to assume the party mantle. Haddad has polled poorly, only 6 percent as recently last week, but a serious PT mobilization will be a big asset.  (Announcement of his candidacy is expected today.)
  • Prior to Bolsonaro’s stabbing, his weaknesses seemed likely to hold him back despite a good 22 percent in recent polls. His popularity may rise as he seeks sympathy for his injury, but his strong negatives – 44 percent of people polled say they will never vote for him – will be hard to erase.  His Social Liberal Party (PSL) has a very narrow base in Congress, and the former Army captain and lawmaker’s main tactic – divisive rhetoric attacking human rights advocates and praising the military dictatorship of 1964-85 – does not conceal his lack of a serious political agenda, according to many observers.

The proliferation of other parties is also deepening confusion.  Brazil has 35 parties, and for the first time faces the possibility that neither of the two Brazilian parties with a virtual monopoly on presidential succession – the PT and Brazilian Social Democracy Party (PSDB) – will make it into the runoff in Brazil’s two-round system.  The PSDB’s Geraldo Alckmin has a strong Congressional base (which under the law determines his access to media time) but continues to poll poorly (9 percent).  Marina Silva, of the Rede Sustentabilidade, and Ciro Gomes, of the Democratic Labor Party (PDT) – both of whom currently have 12 percent – have a shot at a place in the second round.  Another eight candidates show much less promise.

The political chaos has not brought protesters out into the streets or threatened a broader social crisis in the closing weeks of the campaign, but it has thrust Brazil into uncharted territory.  Bolsonaro’s stabbing and his certain efforts to play the victim will almost certainly continue push his rhetoric beyond that traditionally acceptable in Brazil.  The political parties, however flawed, were sources of predictability and stability, but no longer are.  Investigations into corruption, also previously thought to strengthen the political system, have contributed to uncertainty.  The courts are accused of political bias.  As the PT and PSDB slip, none of the smaller parties appears poised to gain broad enough confidence to lead the country through its numerous challenges.  In the first- and second-round votes on October 7 and 28, Brazilians will choose between trying to revive the old – clinging to PT or PSDB – or continuing the search for something that is not yet visible on the horizon.

September 11, 2018

*Marcus Rocha is a Ph.D. candidate in Public Policy at the Federal University of Rio Grande do Sul in Porto Alegre, and a former CLALS Research Fellow.

Honduras: Would a Constituent Assembly Help?

By Hugo Noé Pino*

Several people raise their hands in the Honduran National Congress

A recent session in Honduras’ National Congress. / Congreso Nacional de Honduras / Creative Commons

The need for Honduras to convene a National Constituent Assembly appears increasingly compelling even though the country’s political elites continue to oppose one.  Proponents of an “ANC” argue that it would not only help the country overcome the fraud perpetrated in last November’s elections; it would give oxygen to the country’s failing democracy.  They note that the current constitution, promulgated in 1982, has been violated and modified so many times – such as when President Juan Orlando Hernández was allowed to run for reelection – that the document’s original meaning has been obscured if not lost.  ANC proponents cite other facts pointing to the need for an assembly:

  • The constitution calls for a “planned economic policy,” in which the state and law “shall regulate the system and process of planning with the participation of the Powers of State, and political, economic and social organizations shall be duly represented.” But that planning model, which has never been implemented in Honduras, has been overtaken by the neoliberal model, based on market freedoms, adopted in the 1990s.  Amendments passed in 2012 were intended to create special employment and development zones, but not a single one has emerged.
  • Since the 2009 coup, Honduran society has been polarized by violations of the law, the concentration of power, abuses, corruption, and other problems – all aggravated by the widely contested election of last November. Business, workers, farmers, trade unions, academia, non-governmental organizations, and other sectors have been unable to find agreement on how to deal with the nation’s pressing problems.  ANC supporters say that true national reconciliation is going to require a new social pact that a new constitution can create.
  • Backers also argue that the ANC would breathe new life into the political parties – deeply discredited by the corruption and chaos engulfing them – and allow them to become a mechanism for intermediation between society and the state. An assembly, they say, would bring political leaders and the people together in pursuit of better alternatives to the current system.  A system of checks and balances, including a new judicial system, would help guarantee the separation of powers and enhance citizen participation in public policy.

Prospects for an ANC do not look good at this moment despite important endorsements, such as that of the Honduran Catholic Bishops Conference in a public letter last December.  Most of the political elite, responsible for setting the country on its destructive course, stridently oppose the idea, but proponents feel the elites will eventually have to accept one.  The “national dialogue” launched after the November elections has made no progress or, worse, has aggravated tensions.  The black cloud over those elections and the surge in corruption cases under investigation – an important achievement of the Misión de Apoyo contra la Corrupción y la Impunidad en Honduras (MACCIH) and its partners working under the Attorney General – have driven politicians to dig in their heels.  Their efforts to hold onto power, prevent transparency, and block accountability puts them directly against the sort of reforms an ANC would represent. 

  • Even when the political class eventually allows the ANC proposal to take off, many obstacles lay ahead. One of the first – and extremely difficult – steps would be selection of a truly independent Supreme Electoral Tribunal to oversee a referendum on the ANC and the election of assembly delegates.  The questions on the ballot would be simple, focused on support for the ANC and support for presidential reelection, but the task of making Honduras an inclusive society, with transparency, accountability, and respect for the rule of law would take the sort of vision and discipline that only a new constitution would provide.  While critics claim an ANC would be playing with fire, it’s certainly better than the current situation in which we are all threatened with being burned.

August 14, 2018

* Hugo Noé Pino is currently a professor and coordinator of a Ph.D. program at the Universidad Tecnológica Centroamericana (Unitec) in Tegucigalpa, Honduras.

Peru: Wildlife Trafficking Poses Complex Challenges

By Ana Marrugo*

A large parrot shows its multi-colored wings

A red and green macaw takes flight in Manú National Park, Peru. / Bill Bouton / Wikimedia Commons

Peru – the fifth most “megadiverse” country in the world – is losing precious wildlife because of weak trafficking laws and even weaker enforcement of them.  Home to 10 percent of existing species of flora, Peru ranks between second and fifth worldwide in the number of species of birds, mammals, amphibians, and reptiles within its borders.  The illegal trafficking of wildlife, however, is threatening Peru’s biodiversity.  It now places second in the hemisphere in volume of trafficked wildlife, trailing only Mexico.

  • Growing threats are pushing species into endangered status at a rapid rate. In 2004-14, according to Peruvian government estimates, the percentage of endangered species increased rapidly: from 14.1 to 24.5 percent of mammals; 9.2 to 35.2 percent of amphibians; and up by 50 percent of reptiles.
  • Trafficking is one source of pressure on dwindling wildlife populations. The most-trafficked species in Peru are birds, especially the white-winged parakeet and the red and green macaw, and some small primates sold as pets or to illegal zoos.  Bigger animals, such as the Andean bear, vicuñas, monkeys, and various cats, are sold for their meat.  Animal parts and reptiles and amphibians are sold for medicinal or reputedly magic uses, and reptile skins for the fashion and leather industries.  Cattle ranching, agriculture, logging, and infrastructure construction also put major pressures on animal life.
  • Peru’s National Forest and Wildlife Service (SERFOR) estimates that three quarters of the country’s most frequently trafficked species are for domestic rather than international markets. Indigenous people and peasants in the Amazon region – seeking profits far above those that can be generated from agriculture – capture animals and sell them to middlemen who then sell them to retailers in local markets or to international collectors.

Investigations of traffickers are rare, and prosecutions almost nonexistent.  The director of Neotropical Primate Conservation told reporters that “few” of the 150 cases she reported to SERFOR, prosecutors, and regional authorities – including a trafficker caught carrying thousands of parakeets – have been investigated, and “almost all cases” are retired without ever reaching a judge.  The first conviction (and one of the few known), finalized in 2016, resulted when police caught two brothers red-handed driving a car carrying an ocelot to a local market.  Offenders are usually released after paying a minor fine.

  • Getting good information is a challenge. Most estimates come from seizures of exported animals, leaving unaccounted the large portion of illegal wildlife sold in local markets, and most research focuses only on particular species.  The flow to local markets of Titicaca frog juice (thought to have extraordinary health benefits), monkey meat (for traditional cuisine), and Andean bear parts (thought to have magical properties) has been impossible to track.  Internationally, owl monkeys are sent clandestinely to Colombia for malaria research, and Chinese markets sell dried seahorse powder and an array of other substances for medicine – without leaving a trace in Peru.
  • Corruption is a perennial problem. Low-paid officers take bribes to provide protection and forged documentation permitting the transport of illegally sourced animals.  Forestry and Wildlife Law 29763 delegates virtually all responsibility for environmental crimes to local governments with poor resources and serious conflicts of interest, including officials’ collusion in the trade and local inhabitants’ dependence on it for income.

International attention in wildlife trafficking has been limited.  Unlike the illegal timber trade, this trade does not involve hundreds of millions of dollars, nor does it harm the commercial interests of the nation or its trading partners.  Major industries have not been linked to this criminal enterprise as they have in the trafficking of narcotics and timber.  Thus, international support to tackle the demand side of the market appears likely to remain feeble.  At the local level authorities rely on educational programs to teach people about the environmental impacts of wildlife trafficking, ecosystem protection and the importance of denouncing environmental crimes.  Nevertheless, wildlife trade continues to be an important source of income for impoverished communities, as well as for traffickers who frequently count on ties to corrupt officials to ensure that they can evade prosecution.

  • The impact of wildlife trafficking is not as immediately obvious as logging, and it is therefore harder to marshal political pressure for comprehensive solutions. SERFOR is expanding port controls, but piecemeal efforts have had little impact.  Since most of the trafficked animals remain in Peru and neighboring countries, efforts to discourage local demand and increase cross border cooperation would seem to offer hope – if governments get serious about addressing the problem.

June 29, 2018

* Ana Marrugo is pursuing an M.A. in Public Anthropology at American University.  She is on the team dedicated to new two-year project by CLALS and InSight Crime investigating the clandestine wildlife trafficking and logging industries throughout the region.