Peru’s “New” Drug Strategy: Déjà Vu?

By Paul Gootenberg*

Eradicacion de la coca

“Peru’s national drug control agency just released a four-year counter-drug strategy in April that warns of the urgency to reverse the ongoing surge in cocaine production.” / Editora Perú / Creative Commons

Peru, with a capacity to produce about 350-450 tons of cocaine a year, has been approaching Colombia as the world’s top exporter since around 2011, but its new drug strategy is not likely to reverse that trend.  Most Peruvian coca now comes from the Valle de los Ríos Apurímac, Ene y Mantaro (VRAEM), and most cocaine flows towards Brazil not the United States.  Peru’s national drug control agency, DEVIDA (National Commission for Development and Life Without Drugs), just released a four-year counter-drug strategy in April that warns – again – of the urgency to reverse the ongoing surge in cocaine production but offers few compelling or new ideas on what to do.  The report notes the “high risk for Peru that our country will repeat the cases of Colombia and Mexico” in violence, corruption, and other costs of a massive illicit narcotics trade.  The strategy has some serious flaws, however.

  • Although the report touts itself as a “Plan Integral,” military spending and eradication far outstrip “alternative development.” Coca “supply control” is the core of the program, though development efforts (mainly with cacao) are offered. Peru’s plan is mechanically sequenced – Pacification, Eradication, Services, and Development – and its rigid militaristic strategy draws criticism.  The latter seems basically directly against VRAEM peasants.  In 2014, a similar plan was announced to eradicate “50 percent” of the VRAEM coca in just one year, but nothing occurred because of the risky security environment.
  • The sources of some key data are unclear. The report cites UN information but apparently without taking into account the substantial flow of cocaleros and cocaine traffickers deeper into Amazonia, near the Brazilian and Colombian borders.  It generally treats the VRAEM, Peru’s main producing area, as an isolated containable “world apart” – poised for national “recuperation.”  Security threats in the area, including guerrillas, actually made holding off eradication since 2014 a wise move – it would have pushed cocaleros into the arms of guerrillas – but the new report fails to consider any blowback from its plan.
  • It glosses over the shortcomings of Peru’s security services to carry out what remains a heavily security-based strategy. It makes the startling admission that only 1.5-2.0 percent of VRAEM cocaine and 3-8 percent of cocaine nationally is seized – one of the lowest interdiction rates in the world.  (Colombia’s improved intelligence enables it to grab about half of cocaine in-country, and even weak Bolivia does better policing illicit cocaine.)  The ease of smuggling in Peru is directly related to the open corruptibility of Peru’s police, military, and politicians.  But except for money laundering, DEVIDA’s report barely addresses the corruption problem.
  • Peru, unlike Colombia and Bolivia, has never questioned the UN/U.S. international drug regime, nor does this report. But Peru should expect little overseas eradication aid in the Trump era, raising big doubts about the sustainability of a long-term program.

As Colombians learned after decades of drug war against coca growers, including Plan Colombia, forced eradication is one of the most inefficient and futile ways to combat drugs. Studies by Colombian economist Daniel Mejía show that the marginal cost of eliminating a kilo of cocaine from markets by aerial spraying is a whopping $247,000 – far more than a kilo’s price on the street.  Eradication also provokes violent conflict and propels growers to new areas, and Peru has many tropical basins ripe for raising coca.  Effective intelligence to hit labs and intermediary layers of cocaine trades pays bigger dividends.  So does enlisting cocalero unions on the side of the state – to self-police as in Bolivia (now with the region’s least illicit cocaine) and Colombia (where the 2017 peace accord now recognizes cocalero rights).  Peru marginalizes cocaleros, precluding the sort of socio-political strategy needed for success.  All in all, DEVIDA’s strategy makes it interesting to see whose plan will produce the best results by 2021 – Peru’s, Colombia’s, or Bolivia’s?

June 13, 2017

* Paul Gootenberg is Chair of the Department of History at Stony Brook University and author of Andean Cocaine: The Making of a Global Drug (University of North Carolina Press, 2008).

Guatemala: Are Governments Missing the Story on Homicides?

By Steven Dudley*

2048px-PNC_Guatemala

The special forces of the Guatemalan National Civilian Police (PNC). / Danilojramirez / Wikimedia Commons

A study of hundreds of homicides in Guatemala revealed major problems with authorities’ contention that “gang-related” and “drug trafficking-related” murders are at the center of the violence in that country, findings that complicate violence reduction programs in that country and elsewhere.  InSight Crime analyzed the murders in two areas: Zona 18 in Guatemala City, where 300,000 inhabitants live in what authorities designate a “gang area,” and the municipality of Chiquimula, a community of some 100,000, or what authorities call a “trafficking corridor.”  We also studied how police, forensic doctors, and government prosecutors gather and use information they gather during homicide investigations to clear cases or not.  It is less CSI and more creaky, antiquated 20th century bureaucracy.

Key findings from the report include:

  • The confidence with which Guatemalan authorities attribute homicides to traffickers is not warranted by the available facts. In the trafficking corridor, we could reasonably attribute only 28 percent of the homicides to what we termed “organized crime-related” activities – significantly less than authorities normally publicly attribute to organized crime.  Drug trafficking, we believe, is an incorrect way of describing the dynamics behind this violence.  Another 38 percent of the cases lacked information to make a determination.
  • In the gang area, where Barrio 18 and Mara Salvatrucha (MS13) operate, we could reasonably attribute 41 percent of the homicides to gang-related activities – an estimate in line with what authorities say in Guatemala. Another 35 percent of the cases did not have enough information to make a determination.
  • Regardless of area, the widespread availability of firearms is a clear factor in the murder rate. An estimated 75 percent of all homicides occur at the end of a gun in Guatemala.  At 15.8 guns per 100 inhabitants, the country has the highest number of guns per capita in the region, according to World Bank data.  (El Salvador has 7.0 per 100, and Honduras, 6.2.).
  • Another theory to explain the level of homicides – that the more “indigenous” western highlands are less prone to violence than the more “ladino” eastern states – is in its infancy and beyond the scope of our study.

In both areas, the information from authorities was fragmented, disorganized, and sometimes missing altogether.  Reports are filled out by hand or typed into computers, but they are quickly buried in massive piles of data and are most likely erased or lost by the next person in that job.  Multiple, clashing bureaucracies operating on the different platforms and with different formats also have differing criteria for classifying data.  The low priority given to collecting and analyzing information, and poor training, seriously undermine authorities’ ability to understand the homicide phenomenon as well as resolve the homicide cases themselves.  Indeed, our observation is that the resources used to gather what are considered more politically salient statistics – such as the overall number of criminal acts in any one area – hurts efforts to resolve cases or give authorities the ability to analyze criminal dynamics.

The confusion between the sources of violence has a palpable impact on how money is allocated over the years.  The U.S. Congressional Research Service has estimated that 66 percent of the $1.2 billion that Washington disbursed under its Central America Regional Security Initiative (CARSI) was “hard-side” assistance – aimed at attacking drug traffickers whose role in the murder rate we have assessed to be lower than previously thought.  Only 31 percent of U.S. aid was “soft assistance” – violence prevention, social and economic programs – that would address the more serious problem of gang violence.  The allocation of Guatemala’s own funding is harder to discern, but the Mano Dura tactics adopted by the Northern Triangle countries over the years have more resembled the militarized strategy against the drug traffickers, implementing various states of siege in affected locales (Guatemala), enacting “emergency measures” inside jails and in particularly troublesome states (El Salvador), and using the military police in numerous places (Honduras).  Aggressive police sweeps have, moreover, overcrowded prisons bursting with inmates in horrifying conditions.  While some of these programs may have helped slow the increase in homicides, our report clearly indicates that a deeper understanding of the problem – based on more rigorous collection and analysis of information on homicide cases – is necessary to evaluate and improve international and local strategies.  Especially if Washington cuts Northern Triangle funding, as it is widely reported to be intending, a smarter approach will require becoming smarter about the problem.

 May 4, 2017

*Steven Dudley is co-Director of InSight Crime, which is co-sponsored by CLALS.  The full report “Homicides in Guatemala,” funded by USAID and prepared with administrative support from Democracy International, is available here.

El Salvador: Dealing with the New Reality of Violence

By Eric Hershberg

morazan-el-salvador

A farm in Morazán, El Salvador, a department that has maintained some sense of normalcy through its strong social organizations. / Cacaopera de Cerca / Flickr / Creative Commons

A surge in violence in El Salvador over the past five-plus years demands a more comprehensive and inclusive strategy than the ongoing Plan El Salvador Seguro.  A rigorous and highly readable study released last month by the Instituto Centroamericano de Investigaciones para el Desarrollo y el Cambio Social (INCIDE) employs quantitative and qualitative data to demonstrate that the pattern of violence in El Salvador has worsened.  Murders increased 66 percent in the 2010-2015 period; the murder rate of 102.9 per 100,000 inhabitants in 2015 made it the most violent year in decades.  Multiple-victim murders increased 126 percent in the same period, and murders of women skyrocketed 750 percent – from 40 in 2012 to 340 in 2015.  Gang-on-gang violence has produced a 72 percent increase in deaths, while armed confrontations between gangs and state personnel are growing more frequent.  Kidnappings and disappearance have surged.  For the first time since the end of the civil war in 1992, El Salvador has experienced forced displacements, both within the country and to other countries, most notably an unprecedented flow of rural Salvadorans into Nicaragua.

The 2012-2013 truce among the gangs and the government of then-President Mauricio Funes reduced violence somewhat, but INCIDE notes that it also allowed gangs to consolidate their control over territory while government planners failed to address the deeper causes of the violence.  While documenting that Salvador Seguro has had some positive results and won support, the study posits that the current strategy of frontal attack on gangs has also eroded the social and community fabric that represents an essential intangible asset for durable success in reducing violence.  Many communities live in fear of violence from all sides.  The INCIDE report emphasizes that the causes of spiraling violence are complex, deeply rooted, and require integrated responses tailored to specific conditions in different territories.  What is needed, says INCIDE, would be a strategy that:

  • Shuns one-size-fits-all national solutions. The government has failed for years to understand that the drivers of violence and stability are different across territories throughout the country.  INCIDE advocates the creation of a “territorial map” detailing each community’s security situation, the resources it can bring to bear against violence, and what it needs from national-level programs in order to strengthen local communities.
  • Empowers those local communities. A comparison between two locales – in Morazán and Jiquilisco – revealed that the former, which has fewer police and army personnel than the latter, has been able to maintain a more normal way of life because it has strong social organizations and a social commitment to preventing violence through informal vigilance, youth programs, and cooperation with authorities.  Jiquilisco lacks these assets and lives essentially in lock-down mode.

More research and better-targeted territorial strategies are certainly essential, but even INCIDE’s Director, Alexander Segovia (who was a senior aide to President Funes and principal author of the INCIDE study), wouldn’t say they will guarantee success.  In an extensive interview with the on-line magazine Revista Factum, he blamed the failure to stem the violence on the “negligence of the economic, political, and intellectual elites” of the country.  He asserted that El Salvador must “change perspectives – to examine how it’s been dealing with the topic of violence and insecurity, from the design of public policies to the participation of the different actors who make up society.”  Prevailing approaches emphasizing sectoral solutions – strengthening agriculture, industry or tourism in affected areas – have been too piecemeal to bring results.  INCIDE’s research underscores the need for a more inclusive, comprehensive approach tailored to specific local conditions.  Mobilizing and fostering cohesion in communities victimized by the violence may be a lot more difficult, but it is also potentially the most successful means to a solution.

Click here for the full text of INCIDE’s report and here for Director Alexander Segovia’s interview with Revista Factum.

September 26, 2016

Colombia’s Last Day of War?

By Aaron T. Bell and Fulton Armstrong

Peace Signing Colombia

Photo Credit: Presidencia de la República Mexicana / Flickr / Creative Commons

Colombia’s half-century-old war entered its final stages yesterday as President Juan Manuel Santos and leaders of the Fuerzas Armadas Revolucionarias de Colombia (FARC) signed a ceasefire agreement in Havana, but the successful implementation of a comprehensive peace accord still faces several uphill battles.  The five key agenda items of peace talks that began in 2012 have now been agreed upon, and the final details are expected to be hashed out by the time Colombia celebrates its independence day on July 20.  The FARC has pledged that its 7,000 soldiers will enter “Temporary Hamlet Zones of Normalization” once a final accord is signed and finish turning over their weapons to a United Nations mission within 180 days.  After signing the ceasefire, a teary-eyed “Timochenko” – the FARC’s top commander – proclaimed, “May this be the last day of war,” while President Santos celebrated that “We worked for peace in Colombia, a dream that is now becoming reality.”

One major hurdle that remains to a final peace accord is the fulfillment of President Santos’s pledge to subject it to a plebiscite.  In an interview last week, the president cautioned against any notion that a “no” vote will produce a better deal and instead warned that such an outcome would mean a return to war.  Recent polls show that 60 percent of the population says that they’ll vote yes in support of a peace accord, but the Centro Nacional de Consultoría reports that Colombians’ worst fear, which could sink approval, is that one or both sides will fail to meet its commitments.  Another poll suggests that 77 percent of Colombians do not want the FARC to participate in politics, a suggestion that Timochenko has rejected.  Former President Álvaro Uribe and his Centro Democrático party have led the charge against peace talks under the slogan “Yes to peace but not like this,” and they are unlikely to stop now despite Uribe’s pledge yesterday “not to react to the impulse of first impressions.”  Uribe and his supporters have accused Santos in the past of “handing over the country to the FARC,” and 37 percent of Colombians have reported feeling that the government is conceding too much.  They are not entirely alone in this estimate, as even generally neutral observers like Human Rights Watch have suggested that the transitional justice provisions – which will provide reduced sentences to those guerrillas who confess their crimes – let the FARC off the hook.

The signing of a peace agreement between the two sides is indeed historic, but Santos and Timochencko affixing their signatures to the document is just the beginning of another arduous process.  Winning the referendum will require Santos to show vigorous political leadership and enforce greater discipline on his own cabinet team, some of whom have been less than enthusiastic in support of an accord.  Even approval in the plebiscite will of course not immediately resolve the many security challenges facing Colombia.  Zeid Ra’ad Al Hussein, the UN High Commission for Human Rights in Colombia, has noted that the FARC’s demobilization and disarmament could create a power vacuum in rural areas.  Turf wars over coca cultivation, cocaine processing, and the drug trade in which the FARC has been deeply involved since the 1990s are likely to continue, while neo-paramilitaries will likely to fight for a bigger piece of the pie.  In addition, government negotiations with the smaller Ejército de Liberación Nacional (ELN) have been slow to start.  The international community can help with some of these issues, as it has in supporting the years-long peace process, but the real work will need to be done by Santos and his supporters.  Santos’s presidency and the long-term success of any accords rest on his ability to ensure public support, not only now but in the future, as he enters the final years in office.

June 24, 2016

U.S.-Colombia: Launching “Peace Colombia”

By Eric Hershberg and Fulton Armstrong

Kerry Santos

Photo Credit: U.S. Department of State / Flickr / Public Domain

The United States, buoyed by good feelings about what President Obama called Colombia’s “remarkable transformation,” last week pledged $450 million a year in continued aid for the next five years, but it’s not clear yet whether “Peace Colombia” will be very different from Plan Colombia, to which the United States contributed some $10 billion.  The new spending includes unspecified amounts to support the reintegration of FARC combatants who lay down their arms as part of a peace accord expected next month, but much of the emphasis appears to be on old priorities, such as “consolidating and expanding progress in security and counternarcotics.”

  • Obama and Colombian President Santos announced the new program in Washington events marking the 15th anniversary of the launch of Plan Colombia. Amid the many remarks about Colombia’s progress, indicators such as homicide rates (down 50 percent since 2002), kidnapping rates (down 90 percent), economic growth (averaging 4.3 percent), and poverty and unemployment (down slightly) stand out.  By most accounts, moving around core regions of Colombia is easier and safer than it’s been in decades.

Some of these gains of the past 15 years remain tenuous, and “Peace Colombia” will face new challenges as well.  In speeches and backgrounders, government officials have acknowledged that coca eradication and crop substitution programs have failed to reverse Colombia’s role as the world’s biggest producer of coca.  Moreover, programs supporting the demobilization of the FARC will be more difficult to implement than those given to the rightwing paramilitaries in 2002-2006.  Tens of thousands of former paramilitaries are now active in bandas criminales (BACRIMs), which President Santos recently referred to as “2,500 miniscule criminal organizations scattered throughout the country.”  Changing economic circumstances could also complicate efforts to advance peace.  During the years of Plan Colombia, the country got a healthy bump from both domestic and foreign investment – because of the improved security environment as well as the external economic environment, including the U.S.-Colombia Free Trade Agreement and Chinese demand for commodities.  Investment remains strong, but the export boom is over, which is lowering growth and squeezing government budgets.

The creation of economic opportunity is at least as important to the success of Peace Colombia as continued support for the Colombian military and security system, although last week’s speeches and press releases did not shed much light on that.  Achieving peace and building democracy will also require addressing infrastructure deficits, educational inequality, inadequate job training, and poverty.  Several Florida congressmen, arguing that “Peace Colombia” supports an accord that’s overly generous to the FARC, say they’ll oppose Obama’s pledged aid.  The assistance will almost certainly advance, however, because of the strong Washington consensus that Colombia is its biggest (if not only) success worldwide in beating back irregular armed groups.  Moreover, as President Santos and U.S. Secretary of State Kerry emphasized in a press conference, there are no conditions on the new assistance – which should assuage Congressional opponents’ concerns that the relationship will get held up by investigations into alleged human rights violations in the past.  The Presidents spoke of pulling Colombia back from the “verge of collapse” in the 2000s to the “verge of peace” now.  A broadening of strategies in both capitals, including a reassessment of the emphasis on military options, could push the country toward becoming a more inclusive democracy, which ultimately may be what is required in order to achieve lasting peace.

February 8, 2016

El Chapo’s Recapture: A Fictionalized Reality Show

By Núria Vilanova*

Chapo Kate Penn Film

Photo Credit: Abd allah Foteih, Fanpage.- & Sachyn Mital – (modified) / Flickr & Wikipedia / CC BY-SA 3.0

A recent interview granted by Mexican drug kingpin El Chapo and his subsequent re-arrest validate yet again the observation of Mexican writer Carlos Fuentes that no matter how hard fiction strives to emulate reality, reality always surpasses it.  Narco-lives and deeds have attracted myriad fiction writers, filmmakers, and musicians giving way to a successful narco-literature and narco-cinema that has fascinated the general public, journalists, and scholars alike.  A recent example is the popular Netflix series Narcos, based on one of the most notorious drug traffickers, Pablo Escobar.  Well known also are the corridos in Northern Mexico that sing the adventures and prowess of powerful drug lords (often in exchange for large payments).  The narco-corridos are today the epical portrayal of criminal lords whose lives straddle glory and vileness.

In the interstices between reality and fiction rest the publicity-mongering and recapture this month of Joaquín “El Chapo” Guzmán, the subject of an intense six-month manhunt following his escape last July from a high-security prison.  No film would have been sufficiently credible and convincing had it attempted to stage El Chapo’s flight, but the reality is that the most prominent narco-lord since Escobar was able to vanish through a highly sophisticated tunnel whose construction required great engineering expertise.  The final seconds of his stay in his cell before entering his path to freedom were recorded by a security camera.  Megalomania – his eagerness to have his life and deeds taken to the big screen – apparently led to his undoing.  He reached out through intermediaries to soap-opera and film actress Kate del Castillo, whose role as narcotress in the popular show La reina del sur apparently captivated his heart, to set up a meeting with Hollywood star Sean Penn to present his version of his reality to the world.  Playing the role of an adventurous and intrepid journalist, Penn produced a 10,000-word report-interview for Rolling Stone magazine.  Thus, the three main characters of this story – El Chapo, Kate del Castillo, and Sean Penn – traveled from reality to fiction and back in a fictional-yet-real encounter.  The three characters straddled between two dangerous dimensions in complicity – reality and fiction – unaware that their secret meeting would somehow provide the clue that enabled Mexican security to shut El Chapo down again.

The reality-fiction play brings a much higher toll than just El Chapo’s return to prison.  Dozens of the corrido singers who extol the narcos’ lifestyle have been kidnapped, tortured, and killed in Mexico since the late 1990s.  Mexico is also at the international forefront on the number of journalists assassinated since 2006, when former President Calderón launched a bloody (and failed) war on drugs.  While the Mexican actress has not made any substantial comments on her apparent role in El Chapo’s return to prison, Penn has blustered his innocence as a courageous journalist-star whose mission was to make his countrymen reflect and make a self-critique of the bloodthirsty, futile war on drugs.  We, the audience, would probably wish this reality show would have brought about a less trivial outcome, but the last episode is not yet written.

January 25, 2016

* Núria Vilanova is Assistant Professor and Associate Chair of World Languages and Cultures.

Is a “CICIH” the answer to Honduras’ Crisis?

By Fulton Armstrong and Eric Hershberg

Photo Credit: US Embassy Guatemala / Flickr / Creative Commons

Photo Credit: US Embassy Guatemala / Flickr / Creative Commons

The success of the Comisión Internacional Contra la Impunidad en Guatemala (CICIG) in driving anti-corruption efforts there – culminating in the resignation of President Pérez Molina – has stoked debate in neighboring Honduras on the wisdom of creating a “CICIH” with the same mission to root out the rot that permeates state institutions and perpetuates the misery of the citizenry.  President Juan Orlando Hernandez has stated categorically that no such entity is needed in Honduras given advances in the country’s own institutions and his own putative commitment to good governance.  Some civil society organizations are at least implicitly concurring by taking part in accountability initiatives involving collaboration with the government.  Other voices from civil society are objecting vociferously, however.  Most notable among them are the indignados, a largely youth-based movement that insists that the President himself and virtually the entire institutional system in Honduras is so rotten that only an international body can be trusted to root out endemic corruption.  The argument rages on, with the indignados staging regular demonstrations and the government – occupied simultaneously with promoting its credibility at home and abroad and maneuvering to secure authorization for presidential re-election – holding fast to its opposition to any such international role.  The debate will continue for the foreseeable future.  We sketch below our understanding of the competing arguments.

Arguments in favor of a CICIH:

By nearly all accounts, corruption has rendered the public and private sectors chronically ineffective – from the President (who admitted that millions from Social Security made it into his campaign coffers and who engaged in nepotism), through the government ministries and even the judicial bureaucracies (where political pressure, intimidation, and bribery are rampant), and companies large and small (for whom payoffs are merely an added budget item).  The country has topped the charts in non-war homicides, including targeted killings, and other violence for several years, further discouraging investigations and prosecutions.  The flood of narcotics and cash through Honduras has thrown fuel onto the flames.  Only an independent, UN-endorsed entity like a CICIH – with its unique ability to train, protect, and motivate judicial personnel, issue indictments, and put powerful people in jail, and shame local government into taking action – can help the country climb out of this deep hole, this argument goes.

Arguments against:

Steven Dudley of InSight Crime notes that the call for a CICIH comes at a time that the Attorney General’s office is showing some signs of life.  Its anti-corruption efforts have led to the indictment and arrest of the former head of the Social Security Institute on charges of embezzlement and illegally financing political parties (although some charges were dropped).  Combating crime, cheaper homemade solutions are showing results in Honduras in terms of training and cases resolved.  Organizations like the Asociación para una Sociedad más Justa (ASJ) are doing groundbreaking work to keep homicide levels down in some of the worst neighborhoods at a fraction of the cost of a CICIH.  Expense is another important factor.  In Guatemala the CICIG costs between $12 million and $15 million annually, which even that country, far wealthier than Honduras, cannot afford.  CICIG has provided valuable assistance and training to Guatemala’s Attorney General’s Office, but its foreign investigators, who move around in armored vehicles with armed bodyguards, leech massive resources that might otherwise go to fortify local prosecutors’ offices.  Moreover, according to this argument, the investigators don’t need foreign prosecutors to tell them what they’re doing wrong.

Skeptics further contend that international donors and pro-reform Hondurans arguably will not get the quick fix and public relations victory they want from a CICIH.  It took over a decade for CICIG to set up in Guatemala and nearly eight years to get the right mix of cases.  Its greatest strategic goal – fortifying Guatemala’s justice system – remains a work in progress.  The Guatemalan Attorney General’s Office has not yet executed a complicated, forensic investigation leading to a high-level prosecution.  Honduras’s greater reliance on foreign assistance, according to this argument, suggests a CICIH would actually enable its dependency, rather than break it.

The weakness and rot within Honduran institutions and the venality of national leadership strongly suggest that neither approach – a foreign-backed entity like CICIH or a home-grown solution – could quickly reverse the tsunami of corruption and violence that the isthmus’s poorest country has been experiencing since the 2009 coup.  Ideally, the best of Honduras’s own efforts could be buttressed by a Honduran version of the CICIG model, but the knack of the country’s leaders for overwhelming even the best of intentions, as they did the “Truth Commission” charged with determining accountability for the coup and rights abuses carried out in its aftermath, argues for extreme caution in forming expectations.  The debate therefore may boil down to the moral argument of whether the international community, witnessing Honduras’s descent into utter lawlessness and destitution, can stand idly by or should at least offer its help in what form it can, such as a CICIH.  Even if a CICIH is not a panacea, it at least would send a powerful message to Honduran elites that the world is watching.

September 15, 2015

Guatemala’s Crisis is Not Over

By Eric Hershberg*

Guatemala City, August 2015. Photo Courtesy of Eric Hershberg.

Guatemala City, August 2015. Photo Courtesy of Eric Hershberg.

With President Otto Pérez Molina’s resignation early this morning, Guatemala lurches into a new phase in its long-running political crisis, with little prospect that this weekend’s elections will resolve much.  The investigations into the Pérez Molina administration’s corruption, the national assembly’s unanimous vote to suspend his immunity, and the peaceful surge in popular protests demanding that he step down all suggest progress in the country’s efforts to build a functioning democracy.  The UN-sponsored Comisión Internacional Contra la Impunidad en Guatemala (CICIG) fulfilled its mandate, and its example and training were arguably important factors in the ability of judicial officials in Pérez Molina’s own government to support the processes that led to his downfall.  (Click here for an AULABLOG assessment of CICIG in May.)  The Congressional vote to strip him of immunity was unanimous, including even his most loyal supporters, who until then had rejected popular clamoring for the president’s ouster.  By the end of last week societal disgust with the political elite had reached the point that even the most recalcitrant of incumbents realized that their own survival required ditching the president.  The comptroller’s office called on him to resign “to avoid greater social unrest that could have unpredictable consequences” – a sentiment echoed by powerful business groups and the Catholic Bishops Council.

The Guatemalan Constitution and laws lay out the next steps.  The Congress has accepted the resignation, clearing the way for Vice President Alejandro Maldonado – who replaced Vice President Roxana Baldetti after she was jailed in connection with the same corruption scandal – to take office.  The first round of Presidential elections, with 15 candidates in the running, will proceed as scheduled this Sunday, despite calls from some civil society organizations to delay the balloting on grounds that the campaign regulations reflect the influence and interests of criminal elements.  In all likelihood, a runoff round will be necessary six weeks later (October 25).  The convulsions of recent months and deep distrust in government suggest that tensions will be high between now and then, but there’s no indication yet that civil unrest could threaten the electoral process, and military intervention appears to be a thing of the past.  There is every reason to expect that a new President will be inaugurated on January 14.

The elections are unlikely, however, to lead Guatemala into an era of less corruption and greater accountability, or to install leadership willing or able to spearhead economic and social policies to enable the majority of the population to live with dignity.  The slogans on the banners of the tens of thousands of protestors in Guatemala City’s central square lacked any message beyond a rejection of the status quo.  “Throw them all out” and “I have no president”are potent rallying cries but do not address the core challenges of a country where the elite pay no taxes, half of all children are malnourished and tens of thousands of young people desperately seek better lives anywhere other than Guatemala.  

The reputations of the leading candidates and their failure to articulate coherent governing platforms give little room for optimism.  Leading in the polls is a wealthy businessman, Manuel Baldizón, whose running mate is already being investigated for corruption and whose own closet is widely understood to contain plenty of skeletons.  Protestors have already singled out Baldizón as unacceptable, taunting him with chants of “it’s your turn next.”  In second place is a comedian named Jimmy Morales, who enjoys the support of the economic elites and media but has advanced no policy platform whatsoever.  Former first lady Sandra Torres appears to be running third.  She divorced President Álvaro Colom in 2011 to circumvent a court ruling that, as First Lady, she couldn’t run for office.  (The Constitutional Court put a final stop to her campaign a month before elections that year.) 

Electoral victory by any of these candidates would leave Guatemala with weak leadership at a time that most government institutions desperately need revitalization.  Corruption is too deep-rooted for CICIG and its few allies in government to face down alone, and these candidates won’t use the presidency to carry out the needed purge.  The organized criminal groups that traffic drugs and persons through the country and permeate governing institutions stand to grow only stronger, and the misery that plagues a population deprived of education, health care and jobs will continue unabated.  U.S. Vice President Joe Biden’s billion-dollar aid package for Guatemala, Honduras and El Salvador, already in trouble in Washington, may have nowhere good to go.

September 3, 2015

*Eric Hershberg, director of the Center for Latin American & Latino Studies at American University, witnessed the protests in Guatemala City last week.

Colombia’s Peace Talks: Back from the Brink

By Aaron T. Bell

"Colombia somos todos/We are all Colombia" Photo Credit: Juan Carlos Pachón / Flickr / Creative Commons

“Colombia somos todos/We are all Colombia” Photo Credit: Juan Carlos Pachón / Flickr / Creative Commons

Peace negotiations are back on track in Colombia – for now – after renewed violence put years of progress at risk.  The unilateral cease-fire declared by the FARC last December survived the Colombian military’s continued prosecution of the war for several months, including the killing in March of José David Suarez, the head of the wealthy (and drug-trade-affiliated) 57th Front.  But it was proven unsustainable after a guerrilla attack in April killed eleven soldiers, and Colombian military aerial bombardment of FARC camps in May killed 40 guerrillas, including two who had participated in the peace negotiations in Havana.  The FARC formally revoked its cease-fire and resumed attacks on military and energy infrastructure targets, making June the most active month of the FARC insurgency since negotiations began two and a half years ago.  At the urging of international supporters of the peace process, however, the FARC will implement a new unilateral cease-fire this week.  President Santos stated that the Colombian military will de-escalate as well, but – responding to polls by Gallup and Datexco reflecting public skepticism that a negotiated settlement is possible – he has also pledged to review the situation in four months and decide whether to continue negotiations.  While Santos has appointed a new Defense Minister whose public statements and record as a member of the government negotiating team indicate support for the peace talks, the President has also shaken up the military high command, promoting combat-experienced hawkish officers as commanders.

A renewed sense of urgency among negotiators appears to be emerging.  Both sides have agreed to put all of the pending issues – disarmament and demobilization, compensation for victims, and transitional justice – on the table, rather than deal with them one at a time.  This comes after several positive steps during the hiatus in talks:

  • In late May, while airstrikes on guerrilla camps were resuming, units of the FARC and the Colombian military collaborated in several operations to remove land mines. Colombia is the second most deadly country for land mines, behind only Afghanistan, with over 2,000 people killed and another 11,000 maimed since 1990.  A video on the web last week provided a dramatic example of the need for such measures – a Blackhawk helicopter exploding after landing in a minefield last month.
  • On June 4 negotiators agreed on the makeup of a post-accord Truth Commission. Eleven members will have three years to identify collective (rather than individual) responsibility for abuses.  It will have no mandate to recommend or impose punishment, leaving that instead for an as yet to be agreed upon transitional justice tribunal.
  • Both the FARC and coca growers have called on the government to begin implementing the preliminary agreement on the illicit drug trade, including crop substitution and voluntary eradication. (Recent reports from the United Nations Office on Drugs and Crime and the White House Office on National Drug Control Policy, which use different raw numbers and data-gathering methodologies, show that coca production in Colombia rose significantly in 2014.)  Even though, as InsightCrime has noted, the initiative will be hindered by the lack of a bilateral cease-fire and firm plans for demobilization, it’s a positive step.

Despite the skepticism implicit in the review it will make in four months, the Santos administration appears to be inching toward the bilateral cease-fire that the FARC has long called for.  The government formerly insisted that a bilateral cease-fire would only take place after accords were signed, but has said it would consider one so long as it is “serious, bilateral, definitive and verifiable.”  On the other side of the table, the FARC shows some sign of bending on the thorny matter of transitional justice.  After adamantly opposing jail time for its leaders, FARC negotiators say they will consider some form of confinement for a reduced time period so long as military officials and civilian supporters of right-wing paramilitaries face similar standards of justice.  This may be difficult to swallow for a Colombian military whose culpability in war crimes is bubbling to the surface, such as in a recent report by Human Rights Watch on the extrajudicial killing of thousands of civilians.  The ever-present threat of military opposition to a negotiated accord, coupled with rising public skepticism, suggest the time to make concrete progress toward an accord is now.  The window will not stay open long.

July 21, 2015

Brazil: Jailing the Youth

By Paula Orlando*

Brazilian Penitentiary System.  Photo Credit: Marcelo Freixo / Flickr / Creative Commons

Brazilian Penitentiary System. Photo Credit: Marcelo Freixo / Flickr / Creative Commons

A push for legislation to lower the age of criminal responsibility to 16 years could worsen court backlogs and overcrowding in Brazil’s notorious prisons.  According to the International Center for Prison Studies (ICPS), the country’s jails now hold the fourth largest prison population in the world, behind the United States, China, and Russia.  The Brazilian inmate population has doubled in the past ten years – from 296,919 people in 2005 to over 615,000 now – boosted by arrests of young and black people.  The Map of Incarceration, a study released this month by researchers at the Federal University of Sao Carlos (UFSCAR), shows that prisoners are increasingly between the ages of 18 and 29 (54.8 percent) and black (60.85 percent), with a growing presence of females (from 4.35 percent in 2005 to 6.17 percent in 2012).  The study also notes that the main reasons for arrest are crimes against property and “involvement in drug trafficking.”  Further, on average 38 percent – or four in every ten inmates – are awaiting trial.  According to a report by the OAS’s Inter-American Commission on Human Rights, the wait times may vary from months to years – sometimes longer than the actual sentence for the crime committed.  Of the total jail population, over 18 percent would be eligible for alternative sentences, but they either haven’t gone to trial yet or the judges have opted for heavier sentences.

A group of hardline conservative legislators – the “bullet caucus” – is pushing aggressively for a law that would lower the age of criminal responsibility from 18 to 16 and consequently place more youth in the already overcrowded adult jails.  Currently, the Child and Adolescent Statute (ECA) establishes that those between 12 and 17 years of age who committed a crime should be sent to juvenile centers, and for a maximum of three years.  The proposal to lower the age has received overwhelming popular support. This support is generally based on the perception that minors commit more violent crimes because they are not currently accountable as adults – and that harsher sentences would deter them.  However, official data shows that, among those in the juvenile system, only 9 percent committed violent crimes.  On the other hand, homicide is the leading cause of death of young people between the ages of 15 and 29.  Out of the 56,000 yearly homicides, 30,000 victims are young.  By crossing data from the Ministry of Justice and the 2014 Map of Violence, the report also debunks the popular perception that more arrests lead to safer cities.  On the contrary, just as incarceration grows, homicide rates have also steadily risen in the country.  According to press reports and other observers, there’s a good chance the legislation will move forward in the next few weeks.

Since the bill amends the Brazilian Constitution, it must pass both the Chamber of Deputies and the Senate with at least two-thirds of the votes.  In addition to increasing youth incarcerations, if passed, the initiative will undermine the 1990 Child and Adolescent Statute, considered a landmark by children’s rights advocates.  It will further remove the state from its responsibility for the protection and education of the youth, essentially eliminating any chance of youths’ rehabilitation while broadening the “school-to-prison pipeline” that envelopes many.   Moreover, passage of this reform, under the banner of law and order, will strengthen the ultra-conservative sectors – including some religious leaders and representatives of agribusiness – who already dominate the Brazilian Congress in an open crusade against social welfare policies and minority rights. 

 June 29, 2015

*Paula Orlando is a CLALS fellow and a PhD candidate at the School of Communication at American University.